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Home My WebLink About2023-10-04 PacketPage 1 of 5 City Council Regular Meeting AGENDA (to be held both at the physical and virtual locations below) Civic Center Council Chamber ♦ 300 Seminary Avenue ♦ Ukiah, CA 95482 To participate or view the virtual meeting, go to the following link: https://us06web.zoom.us/j/97199426600 Or you can call in using your telephone only: • Call (toll free) 1-888-788-0099 • Enter the Access Code: 971 9942 6600 • To Raise Hand enter *9 • To Speak after being recognized: enter *6 to unmute yourself Alternatively, you may view the meeting (without participating) by clicking on the name of the meeting at www.cityofukiah.com/meetings. October 4, 2023 - 6:00 PM 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. AB 2449 NOTIFICATIONS AND CONSIDERATIONS 4. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS 4.a. Proclamation of the Ukiah City Council Recognizing October as National Disability Employment Awareness Month in the City of Ukiah. Recommended Action: Issue a Proclamation of the Ukiah City Council recognizing October as National Disability Employment Awareness Month in the City of Ukiah. Attachments: 1. Proclamation 2. Event Flyer Eng 3. Event Flyer Sp 4.b. Proclamation of the Ukiah City Council Recognizing October 9, 2023, as Indigenous Peoples' Day in the City of Ukiah. Recommended Action: Issue a Proclamation of the Ukiah City Council recognizing October 9, 2023, as Indigenous Peoples' Day in the City of Ukiah. Attachments: 1. Proclamation Page 1 of 296 Page 2 of 5 4.c. Council to Receive Presentation on the Ukiah Valley Golf Course 2023/2024 Capital Improvement Plan. Recommended Action: Receive presentation on the Ukiah Valley Golf Course 2023/2024 Capital Improvement Plan. Attachments: 1. Ukiah Golf Course CIP 2023 2024 2. UVGC CIP Presentation Power Point 2024 5. PETITIONS AND COMMUNICATIONS 6. APPROVAL OF MINUTES 6.a. Approval of the Minutes for the September 20, 2023, Regular Meeting. Recommended Action: Approve the minutes for the September 20, 2023, regular meeting. Attachments: 1. 6a 2023-09-20 Draft Minutes 7. RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. 8. CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. 8.a. Report of Disbursements for the Month of July 2023. Recommended Action: Approve the report of disbursements for the month of July 2023. Attachments: 1. July 2023 Summary of Disbursements 2. Account Codes for Reference 3. Object Codes for Reference 4. July 2023 Disbursement Detail 8.b. Approval of Reclassification of Customer Service Representative Position to Community Development Technician I/II Position for the Community Development Department. Recommended Action: Approve the reclassification of the Customer Service Representative position in the Community Development Department to a Community Development Technician I/II. Attachments: 1. Community Development Technician I-II 2023 rev FINAL marked-up 2. Community Development Technician I-II 2023 rev FINAL clean 8.c. Report of the Ukiah Valley Fire Authority's Ambulance Billing Agreement and Ratification of Variable Contract Amount. Recommended Action: Receive report. Attachments: 1. 1920194 - Systems Design West - Professional Services Agreement 8.d. Approval of Notice of Completion of the Gobbi Street Electric Service Overhead to Underground Conversion, Specification 22-09, and Approve Final Payment of the 5% Retention to James Day Construction, DBA Coastal Mountain Electric. Page 2 of 296 Page 3 of 5 Recommended Action: Approve Notice of Completion for the Gobbi Street Electric Service Overhead to Underground Conversion, Specification 22-09, and approve the final payment of the 5% retention to James Day Construction, DBA Coastal Mountain Electric, and direct the City Clerk to file the Notice of Completion with the County Recorder. Attachments: 1. Spec 22-09 Notice of Completion Coastal Mountain Electric 9. AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda that is within the subject matter jurisdiction of the City Council, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. 10. COUNCIL REPORTS 11. CITY MANAGER/CITY CLERK REPORTS 12. PUBLIC HEARINGS (6:15 PM) 12.a. Possible Introduction of an Ordinance by Title Only Amending Various Sections of Ukiah City Code to Update the City’s Existing Objective Design and Development Standards for New Multi-Family Residential Construction; and Approval of the Planning Commission's Finding that the Ordinance is Categorically Exempt from the California Environmental Quality Act (CEQA). Recommended Action: Introduction of the ordinance by title only amending various sections of Ukiah City Code to update the City’s existing objective design and development standards for new multi-family residential construction; and find the ordinance categorically exempt pursuant to Section 15061(b)(3) of the CEQA Guidelines. Attachments: 1. Objective Design and Development Standards - Proposed Amendment (Redline) 2. Objective Design and Development Standards - Proposed Amendment (Clean) 3. Planning Commission Resolution (PC 2023-03) 13. UNFINISHED BUSINESS 13.a. Status Report of the Emergency Contract with West Coast Fire & Water for Fire Remediation Work at the Electric Utility Service Center at Hastings. Recommended Action: Receive a status report, and approve the continued work on the emergency contract with West Coast Fire & Water for Fire Remediation Work at the Electric Utility Service Center at Hastings. Attachments: 1. West Coast Fire Water - Hastings Fire Remediation Work - 2223-177 13.b. Adoption of an Ordinance Amending Chapter 4.1 to Division 5 of the Ukiah City Code to Establish Organic Waste Disposal Regulation and Enforcement Requirements per Senate Bill 1383, Short-Lived Climate Pollutants. Recommended Action: Adopt the Ordinance amending Chapter 4.1 to Division 5 of the Ukiah City Code to establish organic waste disposal regulation and enforcement requirements per Senate Bill 1383, Short-Lived Climate Pollutants. Attachments: 1. Ordinance No 1221 to Regulate and Enforce Reduction of Organic Waste Disposal 2. Organic Waste Disposal Reduction Ordinance Self-Haul Amendment Redline 3. Organic Waste Disposal Reduction Ordinance Self-Haul Amendment clean Page 3 of 296 Page 4 of 5 13.c. Direction Regarding Distribution of Opioid Settlement Funds Allocated to the City of Ukiah. Recommended Action: Allocate the entire amount of the opioid settlement funds, without deduction for administration costs, toward the development and enhancement of substance abuse treatment facilities within the city limits and authorize the City Manager or designee to negotiate potential allocations per this policy objective for Council's consideration. Attachments: None 14. NEW BUSINESS 14.a. Annual Review and Approval of No Changes to the Existing Fee Schedule for the Ukiah Police Department. Recommended Action: Review and Approve No Changes to the Existing Fee Schedule for the Ukiah Police Department. Attachments: 1. Resolution No. 2017-52 14.b. Determination of Notification of Intent to Adjust Curbside Collection and Transfer Station Service Rates. Recommended Action: Confirm the determination of the City Manager 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. Attachments: 1. UWS Annual Adjustment 2024 (FINAL SUBMISSION) 2. SWS Annual Adjustment 2024 (FINAL SUBMISSION) 3. SWS_UWS 2023 TS Gate & collection rates VS NEIGHBORS 14.c. Receive Updates on City Council Committee and Ad Hoc Assignments, and, if Necessary, Consider Modifications to Assignments and/or the Creation/Elimination of Ad Hoc(s). Recommended Action: Receive report(s). The Council will consider modifications to committee and ad hoc assignments along with the creation/elimination ad hoc(s). Attachments: 1. City Council Special Assignments rev 8-4-23 15. CLOSED SESSION - CLOSED SESSION MAY BE HELD AT ANY TIME DURING THE MEETING 15.a. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(2)) Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (1 case) 15.b. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1) Name of case: Roofing & Solar Construction, Inc. v. City of Ukiah et al., Mendocino County Superior Court Case No. 22CV00048 15.c. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1)) Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018-70200 15.d. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1)) Name of case: Russian River Keepers et al. v. City of Ukiah, Case No. SCUK-CVPT-20-74612 Page 4 of 296 Page 5 of 5 15.e. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9) Name of case: Ukiah v. Questex, Mendocino County Superior Court Case No. 15-66036 15.f. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9) Name of case: Jane Doe v. City of Ukiah et al., U.S.D.C. (Eureka Division) Case No. 123-cv- 009808. 15.g. Public Employee Performance Evaluation (Government Code Section 54956 Title: City Manager 15.h. Conference with Labor Negotiator (54957.6) Agency Representative: Sage Sangiacomo, City Manager Employee Organizations: All Bargaining Units 16. ADJOURNMENT Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business hours, Monday through Friday, 8:00 am to 5:00 pm. Any handouts or presentation materials from the public must be submitted to the clerk 48 hours in advance of the meeting; for handouts, please include 10 copies. I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting set forth on this agenda. Kristine Lawler, CMC Dated: 9/29/23 Page 5 of 296 Page 1 of 2 Agenda Item No: 4.a. MEETING DATE/TIME: 10/4/2023 ITEM NO: 2023-3058 AGENDA SUMMARY REPORT SUBJECT: Proclamation of the Ukiah City Council Recognizing October as National Disability Employment Awareness Month in the City of Ukiah. DEPARTMENT: City Manager / Admin PREPARED BY: Maria Ceja, Administrative Analyst PRESENTER: Mari Rodin, City Council, Mayor ATTACHMENTS: 1. Proclamation 2. Event Flyer Eng 3. Event Flyer Sp Summary: Council to issue a proclamation recognizing October as National Disability Employment Awareness Month in the City of Ukiah. Background: The United States Congress declared October as National Disability Employment Awareness Month in 1988. The purpose of National Disability Employment Awareness Month is to educate and raise awareness of the employment needs and contributions of individuals with all types of disabilities. Workplaces welcoming the talents of all people, including people with disabilities, are a critical part of our efforts to build an inclusive community and a strong economy. Discussion: At the October 4, 2023, Regular Meeting, the City Council will issue a Proclamation (Attachment 1) recognizing October as National Disability Employment Awareness Month in the City of Ukiah. The City of Ukiah encourages the community to visit the job fair sponsored by the Redwood Coast Regional Center, America's Job Center/Career Point, and the State of California Developmental Disabilities, "Employers Empowering the Mendocino Workforce" on October 11, 2023, from 10:00 a.m. to 2:00 p.m. at the Coyote Valley Casino in Redwood Valley (Attachments 2 and 3). Recommended Action: Issue a Proclamation of the Ukiah City Council recognizing October as National Disability Employment Awareness Month in the City of Ukiah. BUDGET AMENDMENT REQUIRED: CURRENT BUDGET AMOUNT: PROPOSED BUDGET AMOUNT: FINANCING SOURCE: PREVIOUS CONTRACT/PURCHASE ORDER NO.: COORDINATED WITH: Diversity and Equity Committee DIVERSITY-EQUITY INITIATIVES (DEI): Goal 1 – Create and sustain a diverse, equitable, and inclusive workplace and workforce that reflects, values, and celebrates the diverse community we serve. CLIMATE INITIATIVES (CI): GENERAL PLAN ELEMENTS (GP): Page 6 of 296 Page 2 of 2 Page 7 of 296 WHEREAS, October 2023 marks the 78th anniversary of National Disability Employment Awareness Month; and WHEREAS, the purpose of National Disability Employment Awareness Month is to educate about disability employment issues and celebrate the many and varied contributions of America's workers with disabilities. The theme for 2023 is "Advancing Access and Equity"; and WHEREAS, workplaces welcoming of the talents of all people, including people with disabilities, are a critical part of our efforts to build an inclusive community and strong economy; and WHEREAS, locally, the Redwood Coast Regional Center, America's Job Center/Career Point, and the State of California Developmental Disabilities are sponsoring a job fair called "Employers Empowering the Mendocino Workforce" on October 11, 2023, from 10:00 a.m. to 2:00 p.m. at the Cayote Valley Casino in Redwood Valley. This event will reinforce the value and talent people with disabilities add to our workplaces and communities and affirm Ukiah's commitment to an inclusive community that increases access and opportunities to all, including individuals with disabilities; and WHEREAS, we encourage employers, schools, and other community organizations in Ukiah to observe this month with appropriate programs and activities and to advance its important message that people with disabilities add value and talent to our workplaces and communities. To learn more about National Disability Employment Awareness Month, visit https://www.mydslc.org/ or https://www.dol.gov/agencies/odep/initiatives/. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Ukiah hereby proclaims October 2023 as National Disability Employment Awareness Month in the City of Ukiah. Signed and sealed, this 4th day of October in the year Two Thousand and Twenty-Three. Mari Rodin City Council, Mayor C I T Y O F U K I A H RECOGNIZING OCTOBER 2023, AS “NATIONAL DISABILITY EMPLOYMENT AWARENESS MONTH” IN THE CITY OF UKIAH ATTACHMENT 1 Page 8 of 296 E M P O WERING M e n d o c i n o WorkforceThrough JOB FAIR Coyote Valley Casino October 11 10 AM to 2 PM The Workforce Innovation and Opportunity Act (WIOA) Programs are fully funded by grant awards from the California Employment Development Department (EDD) using Department of Labor funding, which provides 100% of the total program funding. In FY 2023-24 has budgeted the following amounts: WIOA Adult, $954,718; WIOA Dislocated Worker, $987,898; WIOA Youth, $907,572. The 2023-2025 Severe Winter Storms DR NDWG Grant Program is fully funded by a grant award totaling $1,097,142 (100%) from the US Department of Labor. The WIOA Title I financially-assisted program or activity referenced in this document is an equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. CareerPoint is a proud partner of the America's Job Center of California network. Diversity Equity Inclusion Attachment 2 Page 9 of 296 E M P O D E R A N DO LA FUE R Z A L a b o r a l d e Mendocin oa Travez de Feria de Trabajo Coyote Valley Casino October 11 10 AM to 2 PM Los programas de la Ley de Oportunidades y de Innovación de la Fuerza Laboral (WIOA, por sus siglas en inglés) están totalmente financiados por subvenciones otorgadas por el Departamento de Desarrollo de Empleo de California (EDD, por sus siglas en ingles) utilizando fondos del Departamento de Trabajo, que proporciona el 100% de los fondos totales del programa. En el año fiscal 2023-24 ha presupuestado las siguientes cantidades: WIOA Adult, $ 954,718; Trabajador desplazado de WIOA, $987,898; WIOA Youth, $907,572. El Programa de Subvenciones DR 2023-2025 de Tormentas Invernales Severas DR está totalmente financiado por una subvención otorgada por un total de $ 1,097,142 (100%) del Departamento de Trabajo de los Estados Unidos. El programa o actividad asistida financieramente del Título I de WIOA al que se hace referencia en este documento es un empleador/programa de igualdad de oportunidades. Las ayudas y servicios auxiliares están disponibles a petición de las personas con discapacidades. CareerPoint es un socio orgulloso de la red America's Job Center of California. Diversidad Equidad Inclusion Attachment 3 Page 10 of 296 Page 1 of 1 Agenda Item No: 4.b. MEETING DATE/TIME: 10/4/2023 ITEM NO: 2023-3059 AGENDA SUMMARY REPORT SUBJECT: Proclamation of the Ukiah City Council Recognizing October 9, 2023, as Indigenous Peoples' Day in the City of Ukiah. DEPARTMENT: City Manager / Admin PREPARED BY: Maria Ceja, Administrative Analyst PRESENTER: Mari Rodin, City Council, Mayor ATTACHMENTS: 1. Proclamation Summary: Council to issue a proclamation recognizing October 9, 2023, as Indigenous Peoples' Day in the City of Ukiah. Background: Indigenous Peoples' Day is a holiday in the United States that celebrates and honors Indigenous American peoples and commemorates their histories and cultures. It is celebrated across the United States on the second Monday in October and is an official city and state holiday in various localities. In 2021, President Joe Biden issued a presidential proclamation recognizing Indigenous Peoples' Day and that same year, the City of Ukiah declared the second Monday in October as Indigenous Peoples' Day in the City of Ukiah. Discussion: At the October 4, 2023, Regular Meeting, the City Council will issue a Proclamation (Attachment 1) recognizing October 9, 2023, as Indigenous Peoples' Day in the City of Ukiah. Recommended Action: Issue a Proclamation of the Ukiah City Council recognizing October 9, 2023, as Indigenous Peoples' Day in the City of Ukiah. BUDGET AMENDMENT REQUIRED: CURRENT BUDGET AMOUNT: PROPOSED BUDGET AMOUNT: FINANCING SOURCE: PREVIOUS CONTRACT/PURCHASE ORDER NO.: COORDINATED WITH: Diversity and Equity Committee DIVERSITY-EQUITY INITIATIVES (DEI): Goal 1 – Create and sustain a diverse, equitable, and inclusive workplace and workforce that reflects, values, and celebrates the diverse community we serve. CLIMATE INITIATIVES (CI): GENERAL PLAN ELEMENTS (GP): Page 11 of 296 C I T Y O F U K I A H ENCOURAGING ALL CITY RESIDENTS TO RECOGNIZE AND CELEBRATE “INDIGENOUS PEOPLES’ DAY” IN THE CITY OF UKIAH WHEREAS, on October 6, 2021, the Ukiah City Council declared the second Monday in October each year as Indigenous Peoples' Day in the City of Ukiah; and WHEREAS, there are 12 federally recognized Indian tribes and Indian reservations, and two non-federally recognized Tribes with land in Mendocino County; and WHEREAS, in 1953, Congress enacted House Concurrent Resolution 108, establishing the United States' official policy towards American Indians and Indian Tribes to be one of "Termination"; and WHEREAS, under this Termination Policy that the United States implemented between 1952 and 1970, Indian Tribes and their reservations in Mendocino County were abolished, Indian children were forcibly removed to government-run boarding schools; Indian children were removed from their homes and placed for adoption with non-Indian families; and Indian adults were relocated and forcibly assimilated into major cities under government relocation programs, all of which were designed to destroy the Tribes and the Indian's traditional way of life; and WHEREAS, in 1970, the United States' Indian policy of termination was repudiated, and the United States adopted an official policy of promoting self-determination and self-government among the Indian Tribes; and WHEREAS, pursuant to the policy of self-determination, many of the terminated Tribes in Mendocino County were restored to federal recognition, reconstituted their tribal governments, and now govern themselves on their reservations under their tribal laws; and WHEREAS, many Native Americans, including tribal citizens of the Tribes located in Mendocino County, live, work, and visit the city of Ukiah; and WHEREAS, the Native Americans, Alaska Natives, Native Hawaiians, and other Indigenous People of the United States have all made valuable contributions with their vibrant and diverse culture; and WHEREAS, the contributions that Indigenous peoples have made throughout history in public and military service, business, education, the arts, and countless other fields have enriched and diversified our Nation and community; and WHEREAS, the Indigenous peoples of this Nation have and continue to serve in the United States Arm Forces with distinction and honor – at one of the highest rates of any other group – defending the cause of liberty and freedom; and WHEREAS, the Indigenous Tribes of Mendocino County are sovereign governments that govern themselves on their respective reservations under their tribal laws and carry on government-to-government relations with the United States, the State of California, the County of Mendocino and when necessary, the City of Ukiah; and WHEREAS, the City desires to work cooperatively with the Tribal governments of Mendocino County to ensure that essential governmental services are provided to all persons who live, work, and visit the city of Ukiah. NOW, THEREFORE, in this spirit of governmental cooperation and to promote diversity, the City Council encourages all residents to recognize and celebrate the contributions made by the Indigenous Peoples of the Nation, particularly those residing, working, and visiting Ukiah on this proclaimed Indigenous Peoples' Day. Signed and sealed, this 4th day of October in the year Two Thousand and Twenty-Three. _______________________________ Mari Rodin City Council, Mayor ATTACHMENT 1 Page 12 of 296 Page 1 of 2 Agenda Item No: 4.c. MEETING DATE/TIME: 10/4/2023 ITEM NO: 2023-3064 AGENDA SUMMARY REPORT SUBJECT: Council to Receive Presentation on the Ukiah Valley Golf Course 2023/2024 Capital Improvement Plan. DEPARTMENT: City Manager / Admin PREPARED BY: Maya Simerson, Project & Grant Administrator PRESENTER: Maya Simerson, Project and Grant Administrator. ATTACHMENTS: 1. Ukiah Golf Course CIP 2023 2024 2. 4c Presentation give at meeting Summary: Council to receive a presentation on the Ukiah Valley Golf Course 2023/2024 Capital Improvement Plan. Background: The Ukiah Valley Golf Course is operated under a Lease Agreement between the City of Ukiah (City) and Tayman Park Golf Group, Inc. (TPGG). The Ukiah Mens Golf Club (UMGC) operates a cart barn under a Lease Agreement with the City. Under these two leases, TPGG and the UMGC committed to making annual capital improvements to the course under a capital improvement plan (CIP) in cooperation with the City. CIP funding is provided by TPGG and the UMGC through these lease agreements. Currently, by prior written agreement with the City, because TPGG made a substantial capital investment in the City-owned clubhouse, TPGG remains partially excused from contributing to the CIP, but resumes contributions in January of 2024. It should be noted that TPGG is still participating in CIP projects above and beyond their required contribution amounts. The City does not contribute financially to the CIP. The contribution to the CIP fund is normally $40,000 annually from TPGG and approximately $20,000 annually from UMGC, depending upon earnings from cart-barn revenues and sign advertisements. The CIP fund is maintained independent of the City at the Savings Bank of Mendocino County. The lease agreement outlines a protocol for prioritizing and funding capital improvements. The protocol calls for an Advisory Team with three representatives, from the UMGC, TPGG, and the City to compose and agree on a plan for the annual course improvements. This Advisory Team met, discussed and approved the final plan. The final plan is now reported to the Council to assure continued transparency and public review of the operation of this community asset. Discussion: This UVGC provides an outdoor recreational place for all ages and provides fundraising opportunities for our community through the numerous tournaments hosted on the property. Additionally, TPGG has continued to provide food and beverage service to our community with the ‘Slush by the Park’ menu. This is an attraction for both golfers and non-golfers alike. In addition to providing a safe recreational outlet, it is important to remember that the Ukiah Valley Golf Course provides open space habitat and a level of protection from fire threats from the western hills. The golf course’s large irrigated, green, and trimmed open space creates a fire protection zone buffer between the western hills and the adjacent western Ukiah residential neighborhoods. In this time of heightened fire safety awareness and preparation, the Ukiah Valley Golf Course stands out as a significant and perhaps unrecognized fire Page 13 of 296 Page 2 of 2 protection tool benefiting the residents of Ukiah. Once Phase 4 of the Recycled Water Project is completed in the Todd Grove Recreation Area, the second source of water will be important for both reducing the impact the greenspaces make on our potable water use but also, and perhaps most importantly, the purple pipe water offers a secondary water source to fight fires. The UVFA Chief has evaluated locations for hydrants to offer an additional level of protection to our community. The success of the golf course relies on all three of its partners, but the UMGC deserves to be recognized for their exceptional efforts. The course also benefits from the support of the Women’s Golf Club, and we are grateful for their contributions. The attached 2023/2024 CIP plan (attachment #1) outlines proposed CIP projects in three sections. A. Capital Improvement Projects Completed B. Projects Identified in Prior Years rolling over C. New Projects added Within the plan, each project identifies the Fiscal Year in which the project was first listed as a priority and added to the plan project list. Completed projects will note the organization that funded and completed the project. Inclusion of a project in the plan does not mean that funding is currently available to complete the project. The partnership between the City, TPGG, and the UMGC is strong and productive, with all three parties working together towards the common goal of creating and maintaining the best municipal golf course possible for our community. Thank you for receiving this report, as provided by the Advisory Team, of the 2023/2024 Capital Improvement Plan. Please refer to Attachment #2 to access the power point presentation that will accompany this report to Council. Recommended Action: Receive presentation on the Ukiah Valley Golf Course 2023/2024 Capital Improvement Plan. 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: Frank Johnson, Tayman Park Golf Group and Ukiah Mens Golf Club DIVERSITY-EQUITY INITIATIVES (DEI): n/a CLIMATE INITIATIVES (CI): n/a GENERAL PLAN ELEMENTS (GP): n/a GP-A4 - Public Facilities, Services, and Infrastructure Element Page 14 of 296 1 ATTACHMENT #1 Ukiah Valley Golf Course Capital Improvement Plan 2023/2024 Tayman Park Golf Group and Ukiah Men’s Golf Club Submitted by the CIP Advisory Team: Frank Johnson, PGA Director of Golf Alex Goeken, President, UMGC Roger Vincent, Past President, UMGC Neil Davis, CS Director, & Maya Simerson, City of Ukiah August 28, 2023 Ukiah Valley Golf Course 599 Park Blvd Ukiah, California 95482 T 707.467.2832 F 707.433.7846 www.ukiahgolf.com Page 15 of 296 Golf Course Capital Improvements Plan (CIP) The golf course is for the use and enjoyment of the public and all its patrons. In order that the public can be given the best possible golfing experience, the golf course must be open to constructive feedback. All CIP planning and decisions must be analyzed for their short and long term effect. Tayman Park Golf Group and the Ukiah Men’s Golf Club maintain separate bank accounts as required under their respective amended leases to fund projects for the Ukiah Valley Golf Course under the Council approved Capital Improvement Plan (CIP). The Ukiah Valley Golf Course’s Capital Improvement Planning process is managed and controlled by an Advisory Team comprised of three representatives, one each from the Ukiah Men’s Golf Club, the Golf Professional, and the City of Ukiah. The Advisory Team prepared Capital Improvement Plan is submitted annually for review and approval by the Ukiah City Council at a public City Council Meeting. The Capital Improvement Plan is not an operational plan of the golf course, but is limited to capital improvement planning only. Part A. - Capital Improvement Completed in FY2022/2023: UKIAH MENS GOLF CLUB PROJECTS: The substantial number of Projects completed solely by the Ukiah Men’s Golf Club in this past year were funded both through net cart barn rents, as well as a significant number of projects that were funded by the very generous cash, time and materials contributions of various UMGC members in excess of what was required by their CIP commitment. TEE #5-UPPER (FY21/22): The fence and retaining wall on last year’s list were completed. The back of the tee will be raised and new turf will be installed. WORK COMPLETED IN SPRING 2023 which also included a heavy chain along the east side of the tee. Page 16 of 296 HOLE #11: Construct a tee box that is raised above the fairway where the white tees are located. The new tee box construction started in July, 2023 and extends from the blue tees to the concrete lid in the fairway. Reduce the size of the sand trap in front of the green where it extends past the green. Consider removal of the sand trap behind the green or rebuild it so it holds sufficient sand. BOTH BRIDGES ON THE BACK NINE(FY21/22): Inspect decking and replace as needed. Hole #17(FY21/22): Complete post and heavy chain project adjacent to the cart path near the green. Page 17 of 296 Hole #7: The heavy chain, along the cart-path, was extended further to the south to tie into the existing wood wall. Hole #15: The heavy chain was extended along the cart path towards the Tee #16. Page 18 of 296 Cart Path Repair; replaced cart path from bridge to bridge on holes 10, 11, and 14. Removed existing cart path and replaced with base rock and asphalt. Page 19 of 296 JOINT PROJECTS; UKIAH MENS GOLF CLUB/ TAYMAN PARK GOLF GROUP: None noted however the contractor for the new fresh water tank repaved the cart path between holes #4 and #6 and added short cut offs in two locations in 2022. TAYMAN PARK GOLF GROUP PROJECTS: It should be noted, that Tayman Park Golf Group completed the following projects, which were not required by their CIP commitment, using their own funds in excess of what was required. Electric small tools; as we transition from gas to electric equipment, purchase o f small tools. Blowers, trimmers and push mowers. Hole #2; Reshaped the edges of both traps adjacent to the green to eliminate the lips where balls can get trapped underneath. Hole #14; Same work as #2 but in addition reduced overall size of the trap. Hole #16; Reshaped the edge of the sand trap adjacent to the green. Sand Fairways; COMPLETED AND ONGOING/Tayman Park Golf Group Improved fairways are important to retain players. Sand application over time, improves conditions and playability. Other benefits include a reduction in earthworm castings, improved rooting, earlier spring green- up and reduction in water use. The primary reason fairway topdressing programs are implemented is to firm the surfaces, improved playability and minimize course closure following heavy and prolonged rains. Sand Trap Reshaping; COMPLETED AND ONGOING/Tayman Park Golf Group Tayman Park Golf Group’s maintenance crew has taken over the reshaping of the edges and lips of the sand traps. Fairway Seeding; COMPLETED AND ONGOING/Tayman Park Golf Group Improvements will include a new drought tolerant grass, sand usage and wetting agents. The new grass will consist of 4 different grass types for deeper root growth and better playing surface. This blend has been proven to perform well in high heat and less water areas. The continued fairway resurfacing will show all players that the Ukiah Valley Golf Course is a viable recreation area worthy of their spending dollars. It’s not enough in this difficult environment to just have a course, you must show the willingness to spend money and improve your product. Our fairways continue to improve in appearance and playability. Part B. - Projects Identified in Prior Years rolling over to FY 2022: UKIAH MENS GOLF CLUB PROJECTS: Tree Maintenance (FY20/21); Ukiah Men’s Golf Club ONGOING On-going tree trimming with emphasis on safety for all players. On-going tree pruning conforming to the list of trees that was approved in 2020. New trees may be added to the list if storm or drought damage is discovered. Dead trees will be removed from time to time. Many of the existing Page 20 of 296 pine trees on the golf course have suffered during the drought and will need to be removed when they are dead so that they do not become a hazard.. All work done under the guidance of the City of Ukiah’s Tree Management Guidelines. HOLE #2(FY21/22): RESHAPING AND DECREASING THE SIZE OF THE SAND TRAP: Over the years this sand trap has increased in size and needs to be reconfigured to its former size. Add turf where needed. HOLE #4(FY21/22): Consider reducing the size of the northerly sand trap which has grown larger over the years. HOLE #9(FY21/22): Remove the paved cart path adjacent to the green and replace it with turf blocks. BOTH BRIDGES ON THE BACK NINE(FY21/22): Inspect decking and replace as needed. Directional Control Posts (FY21/22); Ukiah Men’s Golf Club ONGOING JOINT PROJECTS; UKIAH MENS GOLF CLUB/ TAYMAN PARK GOLF GROUP : Secure Retaining Wall #8 Green (FY20/21); Tayman Park Golf Group & Ukiah Men’s Golf Club, The retaining wall is failing on #8 green. Secure retaining wall until a long term fix can be identified. We must explore was to resolve the failing retaining wall alon g the west side of the gree n, which is causing the green to settle and slope toward the adjacent creek bed. TAYMAN PARK GOLF GROUP PROJECTS: Course Signage, ONGOING To improve pace of play maintenance and replacement as needed of, clock stations, new yardage signs and yardage posted on sprinkler heads help players maintain good pace around the course. Also in need of upkeep are the tr ash receptacle signs. (FY20/21); Tayman Park Golf Group Transition from Rye Grass Fairways to 3 Blend Fescue Grass; (FY21/22) Tayman Park Golf Group. With the continued importance of water conservation, it’s important to find the right grasses to help reduce water usage. Fescue’s when bl ended with other grasses have been known to stay healthy with less watering. ONGOING Part C. – Newly identified Projects added to Plan: UKIAH MENS GOLF CLUB PROJECTS: PRACTICE AREA ADJACENT TO HOLE #1(FY23/24); Construction of a practice sand trap. MONITOR (FY23/24); The recycled water pipe project will be constructed across holes #9, #10 & #18. The project will repair any damages but the areas will need to be monitored and issues addressed as needed. Page 21 of 296 JOINT PROJECTS; UKIAH MENS GOLF CLUB/ TAYMAN P ARK GOLF GROUP: Bridges on Back Nine (FY21/22); Tayman Park Golf Group & Ukiah Men’s Golf Club ONGOING Inspect decking and replace wood as needed. Repair Failed Storm Drain; The storm drain pipe on the front nine, which extends from above Green #3 down to the east side of Fairway #8, is failing in several places. Explore ideas with the city for either temporary or spot fixes until the City has funds to replace the entire storm drain. (FY21/22); Tayman Park Golf Group & Ukiah Men’s Golf Club. Under review for FEMA funding from Winter Storm Damage in 2022. Continued Tee Improvements; (FY21/22) Tayman Park Golf Group & Ukiah Men’s Golf Club ONGOING TAYMAN PARK GOLF GROUP PROJECTS: Building repair and maintenance; (FY22/23); New entry doors, A/C units replaced, bathroom remodel and plumbing work. This work is needed to continue the upgrade of the pro shop. The pro shop was remolded back in 2018/2019 and additional items are now in need of repair. Irrigation system repair (FY23/24); as the irrigation system ages, replacing targeted areas of the system to maintain current levels of water control, water savings and eliminate mainline damage is needed. Controllers, gate and electric valves, electrical wiring, sprinkler heads and pvc pipe will be replaced. Cart Path Replacement (FY23/24); hole 1, 5, 8 will be replaced. Not all areas can be completed this year but areas of concern are being addressed. Capital Improvement Summary Items listed are planned projects. Funds may be limited and we will replace/repair the most important items first. Our goal will be to utilize our funds on projects to meet the highest priorities that will provide the best golf experience possible to the golfers. The Advisory Team will continue to look not only at immediate goals but will consider our long term goals as well. The Advisory Team will continue to enable a good working relationships between TPGG, the Men’s and Women’s Golf Clubs and the City. Thank you for allowing the Advisory Team the opportunity to improve the Ukiah Valley Golf Course through this CIP plan. City Staff would be pleased to arrange for City Council Members to tour the Golf Course and its facilities upon request. Page 22 of 296 City Council Meeting of October 4, 2023 Ukiah Valley Golf Course Capital Improvement Plan Attachment #2 Page 23 of 296 PLANNING COMMISSION May 31, 2017 | 2 The Ukiah Valley Golf Course is operated under a Lease Agreement between the City of Ukiah (City) and Tayman Park Golf Group, Inc. (TPGG). The Ukiah Mens Golf Club (UMGC) operates a cart barn under a Lease Agreement with the City. Both groups are committed to making annual capital improvements to the course under an annually approved capital improvement plan (CIP) in cooperation with the City. CIP funding is provided by TPGG and the UMGC through these lease agreements and presented to Council for review. Page 24 of 296 3 2023/2024 Capital Improvement Plan The CIP is presented in three sections; A.Capital Improvement Projects Completed B.Projects Identified in Prior Years Rolling Over to the next year C.New Projects Added Page 25 of 296 Ukiah Men’s Golf Club completed projects (CIP plan section A) TEE #5‐UPPER (FY21/22): The back of the tee was raised and new turf was installed, along with a heavy chain along the east side of the tee. WORK COMPLETED IN SPRING 2023 Page 26 of 296 HOLE #11:Construction of a tee box that is raised above the fairway where the white tees are located. Thenewteebox construction started in July, 2023 and extends fromtheblueteestothe concrete lid in the fairway. Reduced the size of the sand trap in front of the green where it extends past the green. Consider rebuild of the sand trap behind the green. Page 27 of 296 Hole #17(FY21/22):Completed post and heavy chain project adjacent to the cart path near the green. Page 28 of 296 Hole #7:The heavy chain, along the cart-path, was extended further to the south to tie into the existing wood wall. Page 29 of 296 Hole #15:The heavy chain was extended along the cart path towards the Tee #16. _____________________________________________________________ These new chains provide safety to players and protect areas where players should not be driving. Page 30 of 296 Cart Path Repair;replaced cart path from bridge to bridge on holes 10, 11, and 14. Removed existing cart path and replaced with base rock and asphalt. Page 31 of 296 Completed Projects (CIP plan section A continued) Electric small tool purchases; as we transition from gas to electric equipment, purchase of small tools. Blowers, trimmers and push mowers. Hole #2; Reshaped the edges of both traps adjacent to the green to eliminate the lips where balls can get trapped underneath. Hole #14; Same work as #2 but in addition reduced overall size of the trap. Hole #16; Reshaped the edge of the sand trap adjacent to the green. TAYMAN PARK GOLF GROUP PROJECTS: It should be noted, that Tayman Park Golf Group completed many projects, which were not required by their CIP commitment, using their own funds in excess of what was required. Most notably: Page 32 of 296 Tree Maintenance (FY20/21); Ukiah Men’s Golf Club ONGOING On-going tree trimming with emphasis on safety for all players. On-going tree pruning conforming to the list of trees that was approved in 2020. New trees may be added to the list if storm or drought damage is discovered. Dead trees will be removed from time to time. Many of the existing pine trees on the golf course have suffered during the drought and will need to be removed when they are dead so that they do not become a hazard.. All work done under the guidance of the City of Ukiah’s Tree Management Guidelines. HOLE #2(FY21/22): RESHAPING AND DECREASING THE SIZE OF THE SAND TRAP: Over the years this sand trap has increased in size and needs to be reconfigured to its former size. Add turf where needed. HOLE #4(FY21/22): Consider reducing the size of the northerly sand trap which has grown larger over the years. HOLE #9(FY21/22): Remove the paved cart path adjacent to the green and replace it with turf blocks. BOTH BRIDGES ON THE BACK NINE(FY21/22): Inspect decking and replace as needed. Directional Control Posts (FY21/22); Ukiah Men’s Golf Club ONGOING JOINT PROJECTS; UKIAH MENS GOLF CLUB/ TAYMAN PARK GOLF GROUP: Secure Retaining Wall #8 Green (FY20/21); Tayman Park Golf Group & Ukiah Men’s Golf Club, The retaining wall is failing on #8 green. Secure retaining wall until a long term fix can be identified. We must explore was to resolve the failing retaining wall along the west side of the green, which is causing the green to settle and slope toward the adjacent creek bed. 2023/2024 CIP Projects ‐Section B Page 33 of 296 UKIAH MENS GOLF CLUB PROJECTS: PRACTICE AREA ADJACENT TO HOLE #1: Construction of a practice sand trap. MONITOR:The recycled water pipe project will be constructed across holes #9, #10 & #18. The project will repair any damages but the areas will need to be monitored and issues addressed as needed. JOINT PROJECTS; UKIAH MENS GOLF CLUB/ TAYMAN PARK GOLF GROUP: Bridges on Back Nine (FY21/22); Tayman Park Golf Group & Ukiah Men’s Golf Club ONGOING Inspect decking and replace wood as needed. Repair Failed Storm Drain; The storm drain pipe on the front nine, which extends from above Green #3 down to the east side of Fairway #8, is failing in several places. Explore ideas with the city for either temporary or spot fixes until the City has funds to replace the entire storm drain. (FY21/22); Tayman Park Golf Group & Ukiah Men’s Golf Club. Under review for FEMA funding from Winter Storm Damage in 2022. Continued Tee Improvements; (FY21/22) Tayman Park Golf Group & Ukiah Men’s Golf Club ONGOING TAYMAN PARK GOLF GROUP PROJECTS: Building repair and maintenance;New entry doors, A/C units replaced, bathroom remodel and plumbing work. This work is needed to continue the upgrade of the pro shop. The pro shop was remolded back in 2018/2019 and additional items are now in need of repair. Irrigation system repair; as the irrigation system ages, replacing targeted areas of the system to maintain current levels of water control, water savings and eliminate mainline damage is needed. Controllers, gate and electric valves, electrical wiring, sprinkler heads and pvc pipe will be replaced. Cart Path Replacement; hole 1, 5, 8 will be replaced. Not all areas can be completed this year, but areas of concern are being addressed. 2023/2024 CIP Projects ‐Section C Page 34 of 296 13 Ukiah Valley Golf Course A Community Resource TPGG provides food and beverage service to our community. The ‘Slush by the Park’ menu has proven to be an attraction to golfers and non‐golfers alike. The clubhouse is available to rent and hosts many gatherings. Page 35 of 296 14 Fire Buffer Zone and Recycled Water In addition to providing a safe recreational outlet the Ukiah Valley Golf Course provides a level of protection and firefighting space to protect the City of Ukiah from fire threats from the western hills. The golf course’s large green space creates a fire protection zone, or buffer between the western hills and the adjacent western Ukiah residential neighborhoods. Recycled Water ‐as part of the grant funded project the use of recycled water is getting close to the Todd Grove Recreation Area. Pipe for the distribution system is going in the ground and already installed through the golf course. This second source of water is important for both reducing the impact the greenspaces make on our potable water use but also, and perhaps most importantly, the purple pipe water offers a secondary water source to fight fires. The UVFA Chief has evaluated locations for hydrants to offer an additional level of protection to our community. Page 36 of 296 15 Summary Report to City Council FY2024 CIP plan. Questions? Ukiah Men's Golf Club: Alex Goeken, President Tayman Park Golf Group: Frank Johnson, Owner/Golf Pro Page 37 of 296 AGENDA ITEM 6a Page 1 of 5 CITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue, Ukiah, CA 95482 Virtual Meeting Link: https://zoom.us/j/97199426600 Ukiah, CA 95482 September 20, 2023 6:00 p.m. 1. ROLL CALL Ukiah City Council met at a Regular Meeting on September 20, 2023, having been legally noticed on September 15, 2023. The meeting was held in person and virtually at the following link: https://zoom.us/j/97199426600. Mayor Rodin called the meeting to order at 6:05 p.m. Roll was taken with the following Councilmembers Present: Juan V. Orozco, Susan Sher, and Mari Rodin. Councilmember Absent by Prearrangement: Douglas, F. Crane and Josefina Dueňas. Staff Present: Sage Sangiacomo, City Manager; David Rapport, City Attorney; and Kristine Lawler, City Clerk. MAYOR RODIN PRESIDING. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Sher. 3. AB 2449 NOTIFICATIONS AND CONSIDERATIONS 4. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. Proclamation of the Ukiah City Council Recognizing September as Hispanic Heritage Month in the City of Ukiah. Presenter: Councilmember Orozco. Proclamation was received by Minerva Flores, Institutional Effectiveness Director. Public Comment: Jackeline Orozco. b. Summer Event and Recreation Program Recap Presentation. Presenter: Jake Burgess, Community Services Supervisor. Public Comment: Presentation was received. 5. PETITIONS AND COMMUNICATIONS City Clerk, Kristine Lawler, stated that all communications had been distributed. 6. APPROVAL OF MINUTES a. Approval of the Minutes for the August 16, 2023, Regular Meeting. Page 38 of 296 City Council Minutes for September 20, 2023, Continued: Page 2 of 5 Motion/Second: Sher/Orozco to approve Minutes of August 16, 2023, a regular meeting, as submitted. Motion carried by the following roll call votes: AYES: Orozco, Sher, and Rodin. NOES: None. ABSENT: Crane and Dueňas. ABSTAIN: None. 7. RIGHT TO APPEAL DECISION 8. CONSENT CALENDAR a. Report of Subscription Purchase (2223-226) with NEOGOV for the Learn and Perform Platform – Human Resources. b. Report of Purchase (2324-088) of an Air Unmanned Aerial System Bundle from Axon Enterprises in the Amount of $40,346.42 – Police. c. Consideration of Award of Bid (2324-101) to American Asphalt and Resurfacing Co., Inc in the Amount of $797,096.24 for the Slurry Seal of Local Streets, Specification No.23-12, and Approval of Corresponding Budget Amendment – Public Works. d. Consideration of Financial Contribution in the Amount of $50,000 to the Inland Water and Power Commission for Legal Services Related to the Potter Valley Project – Water Resources. e. Review Landfill Closure Financial Plan Update and Authorize the Filing of the Update – Finance. f. Consideration of Award of Bid (2324-103 with Greentek Services, LLC) for Electric Utility Fire Mitigation Fuel Reduction Project, Specification No. 23-13 – Electric Utility. Motion/Second: Orozco/Sher to approve Consent Calendar Items 7a-7b, as submitted. Motion carried by the following roll call votes: AYES: Orozco, Sher, and Rodin. NOES: None. ABSENT: Crane and Dueňas. ABSTAIN: None. 9. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Public Comment: Greg Hubbs – graffiti on State street. 10. COUNCIL REPORTS Presenters: Councilmembers Sher and Orozco, and Mayor Rodin. 11. CITY MANAGER/CITY CLERK REPORTS Presenters: Sage Sangiacomo, City Manager; and  League Resolution Update – Kristine Lawler, City Clerk  Construction Update – Tim Eriksen, Public Works Director/City Engineer and Cindy Sauers, Electric Utility Director.  Graffiti Abatement Activities – Shannon Riley Deputy City Manager.  Annexation Update – Craig Schlatter, Community Development Director and Jesse Davis, Chief Planning Manager.  Broadband Update – Jim Robbins, Housing and Grants Manager. Public Comment: Greg Hubbs. 12. PUBLIC HEARINGS (6:15 PM) a. Possible Adoption of a Resolution of the City Council Declaring the Property at 725 Porzio Lane a Public Nuisance and Intent to Commence Abatement Proceedings. Page 39 of 296 City Council Minutes for September 20, 2023, Continued: Page 3 of 5 Presenters: Darcy Vaughn, Assistant City Attorney and Craig Schlatter, Community Development Director. All Councilmembers present confirmed that they had visited the site. PUBLIC HEARING OPENED AT 7:09 P.M. No public comment was received. PUBLIC HEARING CLOSED AT 7:09 P.M. Motion/Second: Sher/Orozco to adopt the Resolution (2023-33) of the City Council Declaring the Property at 725 Porzio Lane a Public Nuisance and the City's Intent to Commence Abatement Proceedings. Motion carried by the following roll call votes: AYES: Orozco, Sher, and Rodin. NOES: None. ABSENT: Crane and Dueňas. ABSTAIN: None. 13. UNFINISHED BUSINESS a. Receive Report Regarding the Economic Development and Financing Corporation (EDFC); Consideration of Request for Funding from EDFC; and Authorize the City Manager to Negotiate and Execute Performance Agreement Between the City of Ukiah and EDFC in the Amount of $12,455.25 for FY 2023-24. Presenters: Shannon Riley, Deputy City Manager and Robert Gernert, EDFC Executive Director. Motion/Second: Sher/Orozco to authorize the City Manager to negotiate and execute Performance Agreement (2324-102) between the City of Ukiah and EDFC. Motion carried by the following roll call votes: AYES: Orozco, Sher, and Rodin. NOES: None. ABSENT: Crane and Dueňas. ABSTAIN: None. b. Consideration of Award of Bid for the Orr Street Bridge Deck Replacement, Specification No. 23-06. Presenter: Tim Eriksen, Public Works Director/City Engineer. Public Comment: Jen Dyer, Kaleb Balman; Vanessa Schwann, Jeromey Schwann, Linda Sanders, Mo Mulheren, Vanessa Schwann (speaking a second time), and Kaleb Balman (speaking a second time). Motion/Second: Orozco/Sher to award the bid (2324-104 with Gregg Simpson Trucking) for the Orr Street Bridge Deck Replacement, Specification No. 23-06. Motion carried by the following roll call votes: AYES: Orozco, Sher, and Rodin. NOES: None. ABSENT: Crane and Dueňas. ABSTAIN: None. RECESS: 8:21 – 8:36 P.M. c. Status Report of the Emergency Contract with West Coast Fire & Water for Fire Remediation Work at the Electric Utility Service Center at Hastings. Presenter: Cindy Sauers, Electric Utility Director. Motion/Second: Orozco/Sher to approve the continued work on the emergency contract (2223-177) with West Coast Fire & Water for Fire Remediation Work at the Electric Utility Service Center at Hastings. Motion carried by the following roll call votes: AYES: Orozco, Sher, and Rodin. NOES: None. ABSENT: Crane and Dueňas. ABSTAIN: None. Page 40 of 296 City Council Minutes for September 20, 2023, Continued: Page 4 of 5 14. NEW BUSINESS a. Report to Council Regarding the Status of the Cooperative Agreement Between the City of Ukiah and Mendocino Council of Governments (MCOG). Presenter: Tim Eriksen, Public Works Director/City Engineer. Report was received. b. Introduction by Title Only of an Ordinance Amending Chapter 4.1 to Division 5 of the Ukiah City Code to Establish Organic Waste Disposal Regulation and Enforcement Requirements per Senate Bill 1383, Short-Lived Climate Pollutants. Presenter: Tim Eriksen, Public Works Director/City Engineer. Council Directive for Staff to agendize an item to give an update on SB 1383. Motion/Second: Sher/Orozco to introduce the Ordinance by title only. Motion carried by the following roll call votes: AYES: Orozco, Sher, and Rodin. NOES: None. ABSENT: Crane and Dueňas. ABSTAIN: None. City Clerk, Kristine Lawler, read the following Ordinance title into the record: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING CHAPTER 4.1 TO DIVISION 5 OF THE UKIAH CITY CODE TO APPLY ORGANIC WASTE DISPOSAL REGULATION AND ENFORCEMENT PROVISIONS TO SELF-HAULERS Motion/Second: Sher/Orozco to introduce the Ordinance amending Chapter 4.1 to Division 5 of the Ukiah City Code to establish organic waste disposal regulation and enforcement requirements per Senate Bill 1383, Short-Lived Climate Pollutants. Motion carried by the following roll call votes: AYES: Orozco, Sher, and Rodin. NOES: None. ABSENT: Crane and Dueňas. ABSTAIN: None. c. Receive Updates on City Council Committee and Ad Hoc Assignments and, if Necessary, Consider Modifications to Assignments and/or the Creation/Elimination of Ad hoc(s). Presenter: No reports were received. THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 8:51 P.M. 15. CLOSED SESSION a. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(2)) Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (1 case) b. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1) Name of case: Roofing & Solar Construction, Inc. v. City of Ukiah et al., Mendocino County Superior Court Case No. 22CV00048 c. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1)) Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018-70200 Page 41 of 296 City Council Minutes for September 20, 2023, Continued: Page 5 of 5 d. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1)) Name of case: Russian River Keepers et al. v. City of Ukiah, Case No. SCUK-CVPT-20-74612 e. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9) Name of case: Ukiah v. Questex, Mendocino County Superior Court Case No. 15-66036 f. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9) Name of case: Jane Doe v. City of Ukiah et al., U.S.D.C. (Eureka Division) Case No. 123-cv- 009808. g. Public Employee Performance Evaluation (Government Code Section 54956 Title: City Manager h. Conference with Labor Negotiator (54957.6) Agency Representative: Sage Sangiacomo, City Manager Employee Organizations: All Bargaining Units No action reported; direction provided to Staff. 16. ADJOURNMENT There being no further business, the meeting adjourned at 9:30 p.m. ________________________________ Kristine Lawler, CMC Page 42 of 296 Page 1 of 2 Agenda Item No: 8.a. MEETING DATE/TIME: 10/4/2023 ITEM NO: 2022-1479 AGENDA SUMMARY REPORT SUBJECT: Report of Disbursements for the Month of July 2023. DEPARTMENT: Finance PREPARED BY: MaryJo Reynolds PRESENTER: Consent Calendar ATTACHMENTS: 1. July 2023 Summary of Disbursements 2. Account Codes for Reference 3. Object Codes for Reference 4. July 2023 Disbursement Detail Summary: The Council will review and consider approval of the report of disbursements for the month of July 2023. Background: Payments made during the month of July 2023 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):3053517- 3053596; 3053597- 3053706; 3053707-3053815; 3053816-3053931 Accounts Payable Wire Transfers: NA Payroll Check Numbers: 513653-513782; 513784-513910 Payroll Manual Check Numbers: 5513783 Direct Deposit Numbers:120916-121269; 121270-12623 Manual Direct Deposit Numbers: N/A Void Check Numbers:3050405, 3048864,3052958, 3053490, 3053455 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: July 2023 Summary of Disbursements Attachment #2: Account Codes for Reference Attachment #3: Object Codes for Reference Attachment #4: July 2023 Disbursement Detail Recommended Action: Approve the report of disbursements for the month of July 2023. Page 43 of 296 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 DIVERSITY-EQUITY INITIATIVES (DEI): CLIMATE INITIATIVES (CI): GENERAL PLAN ELEMENTS (GP): Page 44 of 296 Attachment 1 FUNDS: 100 General Fund $416,955.19 700 Sanitary Disposal Site Fund $35,609.01 101 GF-(Sub-Fund) Visit Ukiah 701 Landfill Corrective Fund 105 GF-(Sub-Fund) Fire Authority $223,447.78 702 Disposal Closure Reserve Fund $59,731.85 110 Special General Fund 704 Post Closure Fund - Solid Waste 120 Streets Capital Improvement $57,169.96 710 Ambulance Services Fund $35,447.32 130 Gov'tl Debt SVC/Reserve Fund 720 Golf Fund $39,199.20 131 Debt Service Reserve 2022 LRB 730 Confernence Center Fund $9,038.88 200 City Adminstrative Services $163,134.12 750 Visit Ukiah 201 Worker's Comp Fund $956,501.61 777 Airport Fund $63,470.02 202 Liability Fund $4,317.20 778 Airport Capital Improvement Fund 203 Garage Fund $37,753.59 779 Special Aviation Fund 204 Purchasing Fund $20,022.96 800 Electric Fund $1,463,498.89 205 Billing & Collections Fund $26,069.82 801 Electric Capital Reserve Fund $10,485.88 206 Public Safety Dispatch Fund $7,450.63 803 Lake Mendocino Bond Reserve 207 Payroll Posting Fund $341,018.67 805 Street Lighting Fund $22,730.55 208 Building Maintenance/Corp Yard Fund $42,237.96 806 Public Benefits Fund $5,492.36 209 IT Fund $186,780.28 807 Cap and Trade $1,551.00 220 Equipment Reserve Fund 820 Water Fund $124,030.54 249 City Housing Bond Proceeds 822 Water Capital Improvement Fund 250 Special Revenue Fund 830 Recycled Water Fund $13,856.45 251 Special Projects Reserve Fund 840 City/District Sewer Fund $371,551.23 252 Streets/ROW Improvement Fund $911,203.51 841 Sewer Contruction Fund 253 CITY PROP 172 843 Sewer Capital Fund 300 Park Development Fund $1,832.75 900 Special Deposit Trust $23,432.18 301 Anton Stadium Fund $0.00 901 General Service (Accts Recv)$887.29 302 Observatory Park Fund 902 U.S.W. Billing & Collection $74,177.99 303 Playground & Amenities Fund $224,063.59 903 Public Safety - AB 109 $0.00 304 Swimming Pool Fund $0.00 905 Federal Emergency Shelter Grant 305 Riverside Park Fund $0.00 905 Mendocino Emergency Service Authority 306 Skate Park Fund $0.00 911 Russian River Watershed Association $78,876.45 310 Museum Grants 915 UVFD 311 Alex Rorbaugh Recreation Center Fund $4,715.00 916 UVFD PROP 172 312 Downtown Business Improvement Fund $3,571.02 917 UVFD Measure B $77,729.56 313 LMIHF Housing Asset Fund 918 UVFD Mitigation 314 Winter Special Events 920 MSWMA Operations $85,068.36 315 Advanced Planning Fund 940 Sanitation District Special Fund 316 SPECIAL RECREATION EVENTS $320.00 942 Rate Stabilization - UVSD Fund 500 2106 Gas Tax Fund 943 Sanitation District Capital Improvement Fund 501 2107 Gas Tax Fund 952 REDIP Sewer Enterprise Fund 503 2105 Gas Tax Fund 960 Community Redevelopment Agency 505 Signalization Fund 961 RDA Housing Pass-Through 506 Bridge Fund 962 Redevelopment Housing Fund 507 1998 STIP Augmentation Fund 963 Housing Debt 508 SB325 Reimbursement Fund 964 RDA Capital Pass-Through 509 S.T.P. Fund 965 Redevelopment Capital Improvement Fund 510 Trans-Traffic Congest Relief Fund 966 Redevelopment Debt Service 511 Rail Trail Fund 967 Housing Bond Proceeds 600 Community Development Block Grant 968 Non-Housing Bond Proceeds 601 EDBG 94-333 Revolving Loan 969 RDA Obligation Retirement Fund 602 Community Development Fund 844/944 Sewer Capital Projects Fund $3,787.50 603 08-HOME-4688 604 CDBG Grant 09-STBG-6417 605 11-HOME-7654 Fund $0.00 606 CDBG Grant 10-EDEF-7261 607 Prop 84 Grant Fund 609 13-CDBG-8940 610 City RDA Projects Fund Retainage Withheld $47,760.64 613 Home Program Activities 611 CDBG 16-CDBG-11147 $2,220.17 620 CASP Train 630 Asset Seizure Fund $3,600.00 631 Asset Seizure Fund (Drug/Alcohol) 633 H & S Education 11489(B)(2)(A1)$1,500.00 634 Federal Asset Seizure Grants 635 SUP Law Enforcement Service Fund 636 CBTHP Officer 637 Local Law Enforcement Block Grant 638 Asset Forfeiture 11470.2 H & S 639 Special Revenue - Police 640 Parking District Fund $619.94 670 Federal American Rescue Fund 691 Museum Fund 695 Transfer Station Fund 696 Solid Waste Mitigation Fund PAYROLL CHECK NUMBERS: 513653-513782 TOTAL DEMAND PAYMENTS- A/P CHECKS $6,283,918.90 DIRECT DEPOSIT NUMBERS: 120916-121269 TOTAL DEMAND PAYMENTS- EFT's $0.00 PAYROLL PERIOD: 07/14/2023 TOTAL PAYROLL CHECKS & DIRECT DEPOSITS $1,557,020.17 PAYROLL CHECK NUMBERS: 513784-513910 TOTAL PAYROLL EFT's (TAXES, PERS, VENDORS)$817,422.13 DIRECT DEPOSIT NUMBERS: 121270-121623 * vendor name( if applicable) PAYROLL PERIOD: 7/28/2023 PAYROLL CHECK NUMBERS: DIRECT DEPOST NUMBERS: PAYROLL PERIOD: VOID CHECK NUMBERS: TOTAL PAYMENTS $8,658,361.20 3050405, 3048864, 3053138, 3052958, 3053490, 3053455 513783 WIRE TRANSFER NUMBERS: NA 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 JULY Page 45 of 296 Account Code Summary Attachment 2 10000000 GENERAL FUND 20012300 COMMUNITY OUTREACH/PUBLIC INFO 10017200 SUCCESSOR AGENCY 20012500 CITY CLERK 10020000 POLICE - GEN FUND 20012600 ECONOMIC DEVELOPMENT 10020210 POLICE PATROL 20012800 EMERGENCY MANAGEMENT 10020214 POLICE VOLUNTEERS 20013210 ACCOUNTS PAYABLE 10020216 COPS GRANT 20013220 PAYROLL 10020217 POLICE ANIMAL CONTROL 20013400 ACCOUNTING 10020218 POLICE CSO 20013401 BUDGET MANAGEMENT 10020220 CODE ENFORCEMENT 20014000 CITY ATTORNEY 10020224 MAJOR CRIMES TASK FORCE 20015100 CITY TREASURER 10021210 CITY FIRE 20016100 HUMAN RESOURCES 10022100 PARKS 20023510 HOUSING GRANTS 10022300 AQUATICS 20023520 NON-HOUSING GRANTS 10022700 MUSEUM - GEN FUND 20100000 WORKER'S COMP FUND 10022810 RECREATION ADMINISTRATION 20116220 WORKERS COMPENSATION 10022821 ADULT BASKETBALL 20200000 LIABILITY FUND 10022822 ADULT SOFTBALL 20216200 RISK MANAGEMENT 10022824 CO-ED VOLLEYBALL 20300000 GARAGE FUND 10022831 YOUTH BASKETBALL 20324100 GARAGE 10022832 YOUTH SOFTBALL 20324110 FLEET MAINTENANCE 10022840 DAY CAMP 20400000 PURCHASING FUND 10022850 CLASSES & CLINICS 20413500 PURCHASING 10022860 SPECIAL ACTIVITIES 20413510 CAPITAL ASSET MANAGEMENT 10022900 COMM SVCS SPECIAL SERVICES 20413520 GRANTS AND SPECIAL PROJECTS 10023100 PLANNING SERVICES 20414000 LEGAL SERVICES/EXPENSES 10023110 CURRENT PLANNING 20500000 BILLING AND COLLECTION FUND 10023300 BUILDING INSPECTION 20513300 UTILITY BILLING 10023320 BUILDING INSPECTION 20513380 METERING-ELECTRIC 10023411 CDBG GENERAL ADMIN 20513382 METERING-WATER 10024200 ENGINEERING/STREETS 20600000 PUBLIC SAFETY DISPATCH FUND 10024210 ENGINEERING 20620231 POLICE UKIAH DISPATCH 10024214 TRAFFIC SIGNAL OPERATIONS 20620232 POLICE FT BRAGG DISPATCH 10024224 STORM WATER 20700000 PAYROLL POSTING FUND 10024310 CORP YARD MAINTENANCE 20800000 BUILDING & MAINTENANCE 10024620 STREETS 20822500 BUILDING & MAINTENANCE 10100000 GF- (SUB-FUND) VISIT UKIAH 20824300 BLDG MAINT CORP YARD 10112700 GF-(SUB-FUND) VISIT UKIAH 20900000 IT FUND 10500000 MEASURE S GENERAL FUND 20913900 INFORMATION TECHNOLOGY 10521210 FIRE AUTHORITY 22000000 FIXED ASSET FUND 12000000 STREET REHABILITATION 25100000 SPECIAL PROJECTS RESERVE FUND 12024200 PUBLIC WORKS ENGINEERING 25200000 STREETS/ROW IMPROVEMENT FUND 13000000 GOV'TL DEBT SVC/RESERVE FUND 25224220 STREETS/ROW IMPROVEMENT FUND 13100000 DEBT SERVICE RESERVE 2022 LRB 25300000 PROP 172 FUND 20000000 CITY ADMINISTRATIVE SERVICES 25321210 CITY FIRE 20010000 CITY COUNCIL 30000000 PARK DEVELOPMENT FEES FUND 20012100 CITY MANAGER 30022200 PARK DEVELOPMENT 20012200 ADMINISTRATIVE SUPPORT 30100000 ANTON STADIUM FUND Page 46 of 296 Account Code Summary Attachment 2 30200000 OBSERVATORY PARK FUND 63500000 SUP.LAW ENFORCE.SVC.FD(SLESF) 30300000 PLAYGROUND & PARK AMENITIES FU 63520210 SLESF 30322230 PLAYGROUND AND PARK AMENITIES 63600000 CBTHP OFFICER 30400000 SWIMMING POOL FUND 63620210 CBTHP OFFICER 30522250 RIVERSIDE PARK 63800000 ASSET FORFEITURE 11470.2 H&S F 30600000 SKATE PARK FUND 63820210 ASSET FORFEITURE 11470 EXPENDI 30700000 SOFTBALL COMPLEX FUND 63900000 SPECIAL REVENUE POLICE 31100000 ARRC GENERAL OPERATING FUND 64000000 PKG. DIST. #1 OPER & MAINT FUN 31122000 ARRC 64012600 ECONOMIC DEVELOPMENT 31200000 DOWNTOWN BUSINESS IMPROVEMENT 64020213 POLICE PARKING ENFORCEMENT 31212600 ECONOMIC DEVELOPMENT 67000000 FEDERAL AMERICAN RESCUE FUNDS 31300000 LMIHF HOUSING ASSET FUND 69500000 TRANSFER STATION 31323400 HOUSING 69624000 SOLID WASTE MITIGATION FUND 31323431 LMI GENERAL ADMIN 70000000 SANITARY DISPOSAL SITE FUND 31500000 ADVANCED PLANNING FUND 70024500 LANDFILL 700 31523100 COMMUNITY PLANNING 70124500 LANDFILL CORRECTIVE 31600000 SPECIAL RECREATION EVENTS 70200000 DISPOSAL CLOSURE RESERVE FUND 31622861 SPECIAL RECREATION EVENTS 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 Page 47 of 296 Account Code Summary Attachment 2 80626450 PUBLIC BENEFITS 80700000 ELECTRIC CAP AND TRADE FUND 80800000 ELECTRIC LOW CARBON FUEL STDS 80826100 ELECTRIC LOW CARBON FUEL STDS 82000000 WATER FUND 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 48 of 296 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 49 of 296 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 50 of 296 Attachment 4 Page 51 of 296 Page 52 of 296 Page 53 of 296 Page 54 of 296 Page 55 of 296 Page 56 of 296 Page 57 of 296 Page 58 of 296 Page 59 of 296 Page 60 of 296 Page 61 of 296 Page 62 of 296 Page 63 of 296 Page 64 of 296 Page 65 of 296 Page 66 of 296 Page 67 of 296 Page 68 of 296 Page 69 of 296 Page 70 of 296 Page 71 of 296 Page 72 of 296 Page 73 of 296 Page 74 of 296 Page 75 of 296 Page 76 of 296 Page 77 of 296 Page 78 of 296 Page 79 of 296 Page 80 of 296 Page 81 of 296 Page 82 of 296 Page 83 of 296 Page 84 of 296 Page 85 of 296 Page 86 of 296 Page 87 of 296 Page 88 of 296 Page 89 of 296 Page 90 of 296 Page 91 of 296 Page 92 of 296 Page 93 of 296 Page 94 of 296 Page 95 of 296 Page 96 of 296 Page 97 of 296 Page 98 of 296 Page 99 of 296 Page 100 of 296 Page 101 of 296 Page 102 of 296 Page 103 of 296 Page 104 of 296 Page 105 of 296 Page 106 of 296 Page 107 of 296 Page 1 of 2 Agenda Item No: 8.b. MEETING DATE/TIME: 10/4/2023 ITEM NO: 2023-3062 AGENDA SUMMARY REPORT SUBJECT: Approval of Reclassification of Customer Service Representative Position to Community Development Technician I/II Position for the Community Development Department. DEPARTMENT: Community Development PREPARED BY: Craig Schlatter, Community Development Director PRESENTER: Consent Calendar ATTACHMENTS: 1. Community Development Technician I-II 2023 rev FINAL marked-up 2. Community Development Technician I-II 2023 rev FINAL clean Summary: Council will consider approving a reclassification of a Customer Service Representative position to a Community Development Technician I/II in the Community Development Department. Background: The Community Development Department is responsible for services in the following seven divisions: Planning, Building, Code Enforcement, Fire Prevention, Housing, Grants Management, and as of September 1, 2023, Business Licensing. Staffing within the Department currently consists of the Director, Chief Planning Manager, Chief Building Official, Planning Manager, Housing and Grants Manager, Building Inspector, Fire Inspector, Management Analyst (Grants), Code Enforcement Inspector, Community Development Technician, and a Customer Service Representative. Prior to 2018, the Department was a more traditional planning and building services department performing planning services and building inspection services with, historically, a smaller team of the Director, two planning professionals, a building inspector/official, two administrative support positions, and an on-call building inspection consultant. Over the last five years, and due to such changes as increased State and federal funding, expanded advanced planning and annexation efforts, the need for integrated community development services to nimbly and proactively respond to major issues like the housing crisis and climate mitigation and adaptation, and deployment of participatory planning processes to better engage with a diversifying population, divisions have been added to the Department to increase its functionality- Housing Division in 2018, Code Enforcement in 2020, Grants Management in 2021, and Fire Prevention in 2022. As funding has been identified, Council has authorized the staffing to perform services in each of the new divisions. With the transitioning of the Business Licensing Division to Community Development on September 1, 2023, the Customer Service Representative (CSR) position was transitioned from the Finance Department to the Community Development Department. Although this CSR position was the principal City staff person assigned by Finance to business licensing services, the position also assisted with utility billing administrative responsibilities. While the functional position and responsibilities for licensing will transition to the Community Development Department, the Director of Finance will maintain ultimate oversight for the collection activities per City Code. Discussion: Since the transition, Staff has been performing an analysis of the work of the Customer Service Representative (CSR) and how the position interacts with other divisions of the Department. In comparing the job description of the CSR to that of the Community Development Technician (CDT) I/II, Staff found the two positions similar, except that the Community Development Technician's responsibilities are more broad, reflecting the Page 108 of 296 Page 2 of 2 collaborative and cross-divisional work of the Department's seven divisions. Staff in all divisions of the Department are expected to fully integrate with and support the work of their fellow team members, especially in support of the public counter and overall customer service responsibilities. Staff is thus proposing reclassifying the Customer Service Representative to a second Community Development Technician I/II. Staff is also proposing minor changes to the existing CDT position to reflect the business licensing division responsibilities. Having two CDTs will enable more consistent and responsive customer service, as each CDT will specialize in a major permitting area of the Department but also support and "back up" the other CDT team member. See Attachment 1 for a "marked up" version of the updated CDT job description and Attachment 2 for a "clean" version of the revised description. Staff requests Council approve the reclassification of the Customer Service Representative to Community Development Technician I/II for the Community Development Department. A budget amendment is requested as the funds paying for the position are changing pro rata with the transition date. Recommended Action: Approve the reclassification of the Customer Service Representative position in the Community Development Department to a Community Development Technician I/II. BUDGET AMENDMENT REQUIRED: Yes. Position is budgeted but the funds paying for it are changing. CURRENT BUDGET AMOUNT: 20513300: $100,862; 10023700 $0 PROPOSED BUDGET AMOUNT: 20513300: $16,810; 10023700: $84,052 FINANCING SOURCE: General fund current revenues PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: Sheri Mannion, Human Resources/Risk Management Director DIVERSITY-EQUITY INITIATIVES (DEI): N/A CLIMATE INITIATIVES (CI): N/A GENERAL PLAN ELEMENTS (GP): N/A Page 109 of 296 JOB DESCRIPTION COMMUNITY DEVELOPMENT TECHNICIAN I/II DEFINITION The Community Development Department is comprised of the Building, and Code Enforcement, Fire Prevention, Planning, Business Licensing, Grants Management, and Housing Divisions. The Community Development Technician is intended to be the one of two primary customer service representatives for the department. and is responsible for providing technical and administrative support services for all three Divisions. Although both technicians provide technical and administrative support services to all seven divisions, each technician will specialize in one of the two primary permitting and application functions of the Department- namely, building services or planning and business licensing services. The position reports to the Chief Building Official and may receive general direction from the Planning Manager(s) and Community Development Director. Community Development Technician I is the entry and first working level classification for this technical support series. Initially under close supervision, incumbents perform the more routine office administrative duties while learning key planning, building, and housingdepartment concepts concepts and City policies and procedures. Incumbents’ work is observed and reviewed during performance and upon completion. As experience is gained, there is more diversity in assignments and greater independence of action within established guidelines. Incumbents may advance to the higher level after gaining experience and demonstrating the proficiency required in order to meet the qualifications of the higher level class. Community Development Technician II is the experienced level of this series, fully competent to perform a variety of technical planning, housing, business licensing, and building services and other administrative duties. Incumbents are expected to carry out the duties of the position with a high degree of competency. Level II is distinguished from level I by the ability to implement assigned duties with only occasional instruction or assistance. EXAMPLES OF DUTIES These examples are intended only as illustrations of the various types of work performed. The examples of work performed are neither restricted to nor all-encompassing of the duties to be performed under this job title. (E=Essential Duty; M=Major Portion of Time) Greets and provides professional and courteous service/information to the public at the front counter, via phone and email providing basic building, planning and housing information. (E, M) Intakes planning and, fire, and building permits and business license and housing program applications via email, mail and at the Community Development counter. (E, M) Organizes and maintains files associated with the divisions of the the building and planning permits and housing programs.Community Development Department. (E, M) Coordinates all phases of the plan check review process, including sending and receiving plan check documents for review by other City departments; and performs plan check services for minor and/or over the counter building permits (e.g. kitchen, bathroom remodels). (E, M) Receives and processes payments for permits and other Department applications. (E, M) Issues over the counter permits. (E, M) Updates and maintains Community Development Department forms, documents and procedural information for public distribution. (E) Intakes, evaluates, reviews, and approves applications for business licenses. Processes payments, enters information into Tyler Cashiering and prepares daily bank deposits. Assists with the management and maintenance of various internal database and technological systems including Munis, Granicus, Laserfiche, as well as the Community Development website. (E) Assists the planning division with technical aspects of the planning process including researching and gathering data and responding to minor zoning inquiries. (E) Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt ATTACHMENT 1 Page 110 of 296  Assists the housing division including researching data, assembling housing application materials, organization of files, intaking applications and gathering statistical data related to population and housing trends, etc. (E)  Performs other office tasks such as ordering supplies, processing mail, etc. (E)  May assist in the preparation of agendas, minutes, and staffing of Community Development Department boards and commissions. (E)  Performs other related duties as assigned. QUALIFICATIONS Knowledge of:  Customer relations techniques.  Basic construction methods and materials, engineering principles and practices, and building safety standards.  General community development principles, including building, planning, zoning, and housing.  Standard office and word processing clerical procedures, with emphasis on correct English grammar and spelling.  Use of computer systems and other office equipment.  Standard formats for reports, records, agendas and minutes, and correspondence.  Local ordinances pertaining to building, planning and housing.  Computer software applications and data base management, including Access, Word, Excel and Power Point software, and GIS. Ability to:  Follow oral and written directions.  Organize work and establish priorities.  Read and interpret building and planning codes, and regulations.  Provide outstanding and friendly customer service.  Establish and maintain cooperative and productive working relationships with the public and staff.  Gather information and compile database/catalog of technical planning, housing and building information and permit processes.  Compute fees.  Work in a fast-paced team environment.  Apply logical thinking to solve problems or accomplish tasks; to understand, interpret and communicate policies, procedures and protocols.  Research, compile, and summarize a variety of informational and statistical data and materials.  Occasionally lift and/or move up to 25 pounds. Education, Experience, and Certifications: Community Development Technician I: EITHER the equivalent to completion of two years of college in a technical field related to the work, OR equivalent to graduation from high school and three years of office administrative support which included significant public contact. Community Development Technician II: In addition to the above, two years of technical planning and building support experience that has included plan review, permit processing and issuance, and the provision of information to the public at a level equivalent to the Community Development Technician I position, plus an ICC Permit Technician certification. Necessary Special Requirement: Possession of a valid Class C California Driver's License. Salary Range Page 111 of 296 Community Development Technician I $3,494.58 - $4,247.693,851.38 - $4,681.38 Grade: 66130 Community Development Technician II $4,153.97 - $5,049.184,578.09 – 5,564.71 Grade: 69037 Page 112 of 296 JOB DESCRIPTION COMMUNITY DEVELOPMENT TECHNICIAN I/II DEFINITION The Community Development Department is comprised of the Building, Code Enforcement, Fire Prevention, Planning, Business Licensing, Grants Management, and Housing Divisions. The Community Development Technician is intended to be one of two primary customer service representatives for the department. Although both Technicians provide technical and administrative support services to all seven divisions, each Technician will specialize in one of the two primary permitting and application functions of the Department- namely, building services or planning and business licensing services. The position reports to the Chief Building Official and may receive general direction from the Planning Manager(s) and Community Development Director. Community Development Technician I is the entry and first working level classification for this technical support series. Initially under close supervision, incumbents perform the more routine office administrative duties while learning key department concepts and City policies and procedures. Incumbents’ work is observed and reviewed during performance and upon completion. As experience is gained, there is more diversity in assignments and greater independence of action within established guidelines. Incumbents may advance to the higher level after gaining experience and demonstrating the proficiency required in order to meet the qualifications of the higher level class. Community Development Technician II is the experienced level of this series, fully competent to perform a variety of technical planning, housing, business licensing, and building services and other administrative duties. Incumbents are expected to carry out the duties of the position with a high degree of competency. Level II is distinguished from level I by the ability to implement assigned duties with only occasional instruction or assistance. EXAMPLES OF DUTIES These examples are intended only as illustrations of the various types of work performed. The examples of work performed are neither restricted to nor all-encompassing of the duties to be performed under this job title. (E=Essential Duty; M=Major Portion of Time) Greets and provides professional and courteous service/information to the public at the front counter, via phone and email providing basic building, planning and housing information. (E, M) Intakes planning, fire, and building permits and business license and housing program applications via email, mail and at the Community Development counter. (E, M) Organizes and maintains files associated with the divisions of the Community Development Department. (E, M) Coordinates all phases of the plan check review process, including sending and receiving plan check documents for review by other City departments; and performs plan check services for minor and/or over the counter building permits (e.g. kitchen, bathroom remodels). (E, M) Receives and processes payments for permits and other Department applications. (E, M) Issues over the counter permits. (E, M) Updates and maintains Community Development Department forms, documents and procedural information for public distribution. (E) Intakes, evaluates, reviews, and approves applications for business licenses. Processes payments, enters information into Tyler Cashiering and prepares daily bank deposits. Assists with the management and maintenance of various internal database and technological systems including Munis, Granicus, Laserfiche, as well as the Community Development website. (E) Assists the planning division with technical aspects of the planning process including researching and gathering data and responding to minor zoning inquiries. (E) Assists the housing division including researching data, assembling housing application materials, organization of files, intaking applications and gathering statistical data related to population and housing trends, etc. (E) ATTACHMENT 2 Page 113 of 296  Performs other office tasks such as ordering supplies, processing mail, etc. (E)  May assist in the preparation of agendas, minutes, and staffing of Community Development Department boards and commissions. (E)  Performs other related duties as assigned. QUALIFICATIONS Knowledge of:  Customer relations techniques.  Basic construction methods and materials, engineering principles and practices, and building safety standards.  General community development principles, including building, planning, zoning, and housing.  Standard office and word processing clerical procedures, with emphasis on correct English grammar and spelling.  Use of computer systems and other office equipment.  Standard formats for reports, records, agendas and minutes, and correspondence.  Local ordinances pertaining to building, planning and housing.  Computer software applications and data base management, including Access, Word, Excel and Power Point software, and GIS. Ability to:  Follow oral and written directions.  Organize work and establish priorities.  Read and interpret building and planning codes, and regulations.  Provide outstanding and friendly customer service.  Establish and maintain cooperative and productive working relationships with the public and staff.  Gather information and compile database/catalog of technical planning, housing and building information and permit processes.  Compute fees.  Work in a fast-paced team environment.  Apply logical thinking to solve problems or accomplish tasks; to understand, interpret and communicate policies, procedures and protocols.  Research, compile, and summarize a variety of informational and statistical data and materials.  Occasionally lift and/or move up to 25 pounds. Education, Experience, and Certifications: Community Development Technician I: EITHER the equivalent to completion of two years of college in a technical field related to the work, OR equivalent to graduation from high school and three years of office administrative support which included significant public contact. Community Development Technician II: In addition to the above, two years of technical planning and building support experience that has included plan review, permit processing and issuance, and the provision of information to the public at a level equivalent to the Community Development Technician I position, plus an ICC Permit Technician certification. Necessary Special Requirement: Possession of a valid Class C California Driver's License. Salary Range Community Development Technician I $3,851.38 - $4,681.38 Grade: 6630 Community Development Technician II $4,578.09 – 5,564.71 Grade: 6937 Page 114 of 296 Page 1 of 2 Agenda Item No: 8.c. MEETING DATE/TIME: 10/4/2023 ITEM NO: 2023-3063 AGENDA SUMMARY REPORT SUBJECT: Report of the Ukiah Valley Fire Authority's Ambulance Billing Agreement and Ratification of Variable Contract Amount. DEPARTMENT: Fire PREPARED BY: Doug Hutchison, Fire Chief PRESENTER: Doug Hutchison, Fire Chief ATTACHMENTS: 1. 1920194 - Systems Design West - Professional Services Agreement Summary: The City Council will receive a report on the Ukiah Valley Fire Authority's (UVFA) Professional Services Agreement (PSA) for ambulance billing services and ratify the existing contract to approve the annual compensation amount. Background: The Ukiah Valley Fire Authority (UVFA) has maintained a Professional Services Agreement (PSA) with Systems Design West of Poulsbo, Washington for ambulance billing services since 2019. Discussion: SDW was selected due to their extensive experience with public agency ambulance providers, and their flat rate fee structure. Using a flat rate fee structure allows the UVFA to include those fees in various cost reports to other government agencies such as Medicare and Medi-Cal. Per the PSA, UVFA is charged a flat fee per run billed each month. Since the inception of the agreement, our total amount paid out to date has now reached $47,232.39, triggering this report to the Council. Staff recommends Council ratify the annual contract amount as variable requiring no further Council reports or actions unless formally amended and/or results in the ambulance fund (710) exceeding the total annual budget appropriation net of any associated revenues, per City budget policy. The amount paid under this contract is based on a per transport flat rate with volume discounts (Section 2 of the attached contract). The contract is attached here as Attachment 1. Recommended Action: Receive report. BUDGET AMENDMENT REQUIRED: No CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: Ambulance billings for service PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: N/A DIVERSITY-EQUITY INITIATIVES (DEI): CLIMATE INITIATIVES (CI): GENERAL PLAN ELEMENTS (GP): Page 115 of 296 Page 2 of 2 Page 116 of 296 Attachment 1 Page 117 of 296 Attachment 1 Page 118 of 296 Attachment 1 Page 119 of 296 Attachment 1 Page 120 of 296 Attachment 1 Page 121 of 296 Attachment 1 Page 122 of 296 Attachment 1 Page 123 of 296 Attachment 1 Page 124 of 296 Attachment 1 Page 125 of 296 Page 1 of 2 Agenda Item No: 8.d. MEETING DATE/TIME: 10/4/2023 ITEM NO: 2023-3070 AGENDA SUMMARY REPORT SUBJECT: Approval of Notice of Completion of the Gobbi Street Electric Service Overhead to Underground Conversion, Specification 22-09, and Approve Final Payment of the 5% Retention to James Day Construction, DBA Coastal Mountain Electric. DEPARTMENT: Electric Utility PREPARED BY: Cindy Sauers, Electric Utility Director PRESENTER: Sage Sangiacomo, City Manager ATTACHMENTS: 1. Spec 22-09 Notice of Completion Coastal Mountain Electric Summary: Council will consider approving the Notice of Completion for the Gobbi Street Electric Service Overhead to Underground Conversion, Specification 22-09, and consider approving the final payment of the 5% retention to James Day Construction, DBA Coastal Mountain Electric. Background: The Gobbi Street Underground Project installed underground infrastructure for electric, telephone and cable TV on Gobbi Street between State Street and Orchard Avenue. City Electric crews installed equipment and conductors in preparation of the cutover at each business and residence within the Gobbi Street project area. The overhead to underground conversion requires the services of a qualified electrician to make the appropriate modifications to each building to accept the underground service. Electric Utility Staff designed and prepared the scope of work and drawings to solicit a bid from qualified electricians. Discussion: On January 11, 2023, Council awarded the contract for the Gobbi Street Electric Service Overhead to Underground Conversion to James Day Construction, dba Coastal Mountain Electric. The contracted work was completed by the contractor in conformance with the approved plans and specifications on September 25, 2023, after a delay due to supply chain issues. The original contract amount, based on estimated quantities, was $113,271.10. Actual quantities and change orders resulted in a revised total contract amount of $113,671.27. The 5% retention payment will be made to the contractor after 35 days from the date of the Notice of Completion (Attachment 1) is filed with the County Recorder. Recommended Action: Approve Notice of Completion for the Gobbi Street Electric Service Overhead to Underground Conversion, Specification 22-09, and approve the final payment of the 5% retention to James Day Construction, DBA Coastal Mountain Electric, and direct the City Clerk to file the Notice of Completion with the County Recorder. BUDGET AMENDMENT REQUIRED: No CURRENT BUDGET AMOUNT: 80126100.80230.18351; $350,000 PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: 2022 Electric Revenue Bonds PREVIOUS CONTRACT/PURCHASE ORDER NO.: COORDINATED WITH: Mary Horger, Financial Services Manager DIVERSITY-EQUITY INITIATIVES (DEI): CLIMATE INITIATIVES (CI): GENERAL PLAN ELEMENTS (GP): Page 126 of 296 Page 2 of 2 Page 127 of 296 Please return to: CITY OF UKIAH 300 Seminary Avenue Ukiah, California 95482-5400 (707) 463-6200 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN: 1.That the project described as: Gobbi Street Electric Service Overhead to Underground Conversion, Spec. No. 22-09. 2.That the nature of the work: Modifications to buildings within the project area to convert the overhead electric service to accept an underground electric service. 3.That on the 25th of September 2023, the Contract work for this project was actually completed. 4.That the name and address of the Contractor is James Day Electric, dba Coastal Mountain Electric, 14832 Lakeshore Dr., Clearlake, CA 95422. 5.That the property location of work performed herein referred to is situated in the County of Mendocino, State of California, and is described as follows: Gobbi Street between State Street and Orchard Avenue, Leslie Street, and Marshall Street, Ukiah, California. I hereby certify under penalty of perjury that the forgoing is true and correct: City Council Approval CITY OF UKIAH, a Municipal Corporation _________________ By: __________ Date Kristine Lawler, City Clerk Date State of California County of Mendocino Exempt from recording fees pursuant to Government Code Section 27383 ATTACHMENT 1 Page 128 of 296 Page 1 of 4 Agenda Item No: 12.a. MEETING DATE/TIME: 10/4/2023 ITEM NO: 2023-3045 AGENDA SUMMARY REPORT SUBJECT: Possible Introduction of an Ordinance by Title Only Amending Various Sections of Ukiah City Code to Update the City’s Existing Objective Design and Development Standards for New Multi-Family Residential Construction; and Approval of the Planning Commission's Finding that the Ordinance is Categorically Exempt from the California Environmental Quality Act (CEQA). DEPARTMENT: Community Development PREPARED BY: Jesse Davis, Chief Planning Manager PRESENTER: Jesse Davis ATTACHMENTS: 1. Objective Design and Development Standards - Proposed Amendment (Redline)_10.4.23 2. Objective Design and Development Standards - Proposed Amendment (Clean)_10.4.23 3. Planning Commission Resolution (PC 2023-03) 4. 12a Presentation give at meeting Summary: Objective design standards are a powerful tool that allow communities to ensure that new development is compatible with the City’s vision and approach to the built environment. Under State law they are defined as “standards that involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal” (California Government Code, Section 65913.4). If approved, this ordinance amendment would make minor modifications to Ukiah City Code Chapter 2, Article 5.2, Sections 9055 - 9055.2 to incorporate general plan objectives, clarify existing regulations such as parking standards, and allow for development flexibility, as necessitated by site or building constraints. These modifications would further the City’s efforts to reduce housing costs and streamline the entitlement process to encourage infill multi-family and mixed-use development projects that align with the City's recently adopted 2040 General Plan. Background: In 2019, SB 2 Planning Grant Program funds were awarded to the City of Ukiah by the California Department of Housing and Community Development (HCD) through Standard Agreement #19-PGP13298. These funds were awarded to facilitate and streamline the production of housing within the City. One of the resulting updates to Ukiah City Code was the creation of objective development and design standards. The current objective standards were adopted by the Design Review Board on June 25, 2020, further reviewed and amended by the Planning Commission on August 12, 2020, and adopted by the City Council on March 17, 2021. In 2022, the City received an application for mixed-use development (Acorn Valley Plaza) at the intersection of East Gobbi Street and Village Circle that utilized these design and development standards. City Staff worked closely with the applicant to ensure that their multi-building proposal aligned with the adopted standards and subsequently approved the request in coordination with the Building Inspection Division on December 12, 2022. By applying the Objective Design & Development Standards to an actual project, Planning Division Staff was afforded an opportunity to evaluate this process, and identify amendments to improve these regulations for future projects. Page 129 of 296 Page 2 of 4 On July 27, 2023, after receiving feedback and incorporating suggested changes, the Design Review Board recommended that the requested Ordinance Amendment (Attachment 1 & 2) be progressed to the City's Planning Commission. Subsequently, on September 13, 2023, the Planning Commission unanimously approved the associated resolution (Attachment 3) recommending that the Ukiah City Council adopt the requested Ordinance Amenement. Notably, for this ordinance amendment, Planning Division Staff is utilizing funds from a previously awarded Local Early Action Planning (LEAP) grant (#20-LEAP-15456) to prepare and adopt this amendment, thereby reducing costs to the City of Ukiah while progressing policies and regulations that facilitate new infill housing. Discussion: The purpose of updating the City’s previously objective design and development standards is to: • Utiilize awarded LEAP funds to further streamline housing production; • Update the City’s ministerial review processes for qualified multi-family housing and mixed-use projects; • Incorporate lessons learned from Acorn Valley Plaza, as well as input from local architects and the Design Review Board related to the existing objective design and development standards; • Provide a set of clear criteria to guide future development within the city-limits and serve as a model for other jurisdictions within Mendocino County; and As described below, Planning Division Staff propose the following amendments to incorporate general plan objectives, clarify existing regulations such as parking standards, and allow for development flexibility, as necessitated by site or building constraints: §9055 Purpose and Intent: Duplexes: Clarify that ‘Duplexes’ are not subject to Article 5.2 by inserting an explicit exclusion, like the one already provided for single-family homes. While SB 9 allows for the application of “objective design review standards” on this type of residential unit, it is suggested that this form of housing be further streamlined within Ukiah City Code to address ‘Missing Middle’ considerations and further housing stock diversity. It is understood that numerous neighborhoods within Ukiah already feature ‘Duplexes’ interspersed among single-family residences. At a later date, to ensure this update is applied consistently, Staff will need to update individual articles of Chapter 2 (Zoning) to ensure that ‘Duplex’ is separated from Article 5.2 and identified as a stand-alone use regulated as ‘Allowed’ or ‘Permitted’ depending on the associated zoning district. §9055.1 (H): HVAC Systems: Clarify that HVAC Units can also be placed on the ground, but subject to setback and screening requirements that are subsequently conveyed in Article 5.2. This clarification is to ensure that smaller ground-mount HVAC systems, such as ‘Ductless Mini-Splits’ are allowed by-right and removes confusion that HVAC systems can only be roof-mounted. The DRB requested that this provision be further modified to ensure that the HVAC system is not visible from the public right of way, meets the required setbacks and is obscured by fencing or landscaping as described in UCC Section 9055.2(H) Screening. §9055.1 (I): Mail and Package Delivery Location: The existing regulation requires that mailboxes be in locations visible to residents from the interior of structure entrances, which creates design limitations for multi- structure developments, as well as operational challenges for mail delivery, and limits community interactions created by more centralized mail delivery locations. The update will encourage more centrally placed mailboxes and package areas. §9055.1 (K): Open-Space: Increase the allowances for community gardening opportunities by allowing for community gardens to constitute a percentage of the required 15% public open space. Also, as identified in the 2040 General Plan (AG Element Action Item – F), allow for ‘Foodscaping’, which is the integration of edible plants into ornamental landscapes. This update will allow and suggest ‘Foodscaping’ as a design and open- Page 130 of 296 Page 3 of 4 space consideration. The DRB approved this consideration, but included aspects to ensure that Community Gardens are regularly maintained and feature a management plan in conformance with Ukiah City Code Section 9173.2. §9055.1 (N): Bicycle Parking: Adds additional language to prioritize the need for bicycle parking and provides acceptable guidelines to inform best practices. §9055.1 (O)(1)(b)(1-4): Parking Lot Landscaping: Eliminates the distinction between parking areas and parking lots. Clarifies how spaces should be counted between every four (4) parking stalls to accommodate aspects like ADA parking aisles, electric vehicle charging, etc. Proposed changes also specify the constraints that would make fulfilling §9055.1 (O)(1)(b)(1) infeasible, particularly mature trees or similar topographical constraints, such as creeks or embankments. §9055.1 (O)(2)(a): Required Parking: Remove the ‘Guest Parking’ requirement, as the assigned ratio becomes onerous for larger in-fill development proposals and works against the parking exemptions or reductions identified in other sections of Ukiah City Code, such as UCC 9198(A)(7-9).These additional parking spaces increase the total cost of the development, and cumulatively take up more surface area than the building(s) themselves and compete against more desirable on-site land-uses, such as landscaping, additional residential units, or recreational space. Additionally, the 'Guest Parking' requirement reduces the ability of 'Moderate' or 'Above-Moderate' multi-family developments to utilize the Objective Design and Development Standards, as they are not able to utilize the parking exemptions available for affordable housing developments. The DRB was unable to reach consensus on this item and deferred to the Planning Commission for their recommendation to the City Council. At the DRB hearing on July 27, 2023, a reduction, rather than elimination of this modification, was considered, but a decision was ultimately deferred to the Planning Commission. Staff recommended that the ‘Guest Parking’ be eliminated and that the developer determine the need for additional parking. This recommendation was affirmed by the Planning Commission, which voted to remove the 'Guest Parking' Requirement. §9055.1 (O)(2)(a): Parking Code: Article 17 is more onerous than the zoning standards of the R3, C1, or C2 zoning districts. UCC Section 9198(A)(3) requires one parking space for one-bedroom units; two (2) parking spaces for two (2) or more bedrooms per unit. Within the R-3, C-1 and C-2 zoning districts, however, multi-family units only require: One (1) on-site parking space per unit. This clean-up item is required, as the existing regulation creates confusion as to the assigned parking requirements for multi-family housing. §9055.1(O)(2)(b): Mixed-Use Parking: The current iteration of the objective design and development standards do not clarify what parking standards should be applied for mixed-use development projects. It is suggested that this clarification be inserted. §9055.1(P)(6): Outdoor Lighting: At the request of the DRB, this requirement was modified to provide a specific reference to Dark Sky Standards of the International Dark Sky Association in conjunction with reducing glare and light pollution. §9055.2(C)(4-5) Fences and Walls: This amendment adds an exception that certain recreation and garden improvements be allowed to use otherwise prohibited fence types. §9055.2(K)(4)(a): Heavy Timber: Concerns were conveyed from the architectural community that this existing language could be construed to prevent designs similar to the Sun-House, or use of materials like Cross Laminated Timber. The amendment removes “heavy-timber” considerations, but leaves “exposed-logs” as prohibited. Page 131 of 296 Page 4 of 4 §9055.2(L): Exception: As needed or required, due to site or building constraints, the applicant can request deviation from any of the identified standards conveyed in UCC §9055.1 (K-S) or UCC §9055.2 (J-K) by 25% upon review by the Community Development Director. The sites remaining for infill development are often irregular and present unusual boundaries or situations that need to be accommodated. This exception would allow for limited deviation of certain standards to help encourage the development of underutilized or irregular parcels. Recommended Action: Introduction of the ordinance by title only amending various sections of Ukiah City Code to update the City’s existing objective design and development standards for new multi-family residential construction; and find the ordinance categorically exempt pursuant to Section 15061(b)(3) of the CEQA Guidelines. BUDGET AMENDMENT REQUIRED: N/A CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: Local Action Planning Grants (LEAP) PC-18239: LEAP - T3). PREVIOUS CONTRACT/PURCHASE ORDER NO.: COORDINATED WITH: N/A DIVERSITY-EQUITY INITIATIVES (DEI): Goal 5 CLIMATE INITIATIVES (CI):5a GENERAL PLAN ELEMENTS (GP):Agriculture Element; Action Item (F); Housing Element Goal H-3, Policy H- 3.1; H-4; Mobility Element; Policy MOB-1.10 Page 132 of 296 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING VARIOUS SECTIONS OF THE UKIAH CITY CODE THAT WOULD MAKE MINOR MODIFICATIONS TO DIVISION 9, CHAPTER 2, ARTICLE 5.2, SECTIONS 9055 - 9055.2 (OBJECTIVE DESIGN & DEVELOPMENT STANDARDS) TO INCORPORATE GENERAL PLAN OBJECTIVES, CLARIFY EXISTING REGULATIONS, AND ALLOW FOR LIMITED EXCEPTIONS, AS NECESSITATED BY SITE OR BUILDING CONSTRAINTS. The City Council of the City of Ukiah hereby ordains as follows:. SECTION 1 Section 9055 of the Ukiah City Code is hereby amended to read as follows: §9055 PURPOSE AND INTENT The purpose of this article is to create a by-right, ministerial approval process for all new residential construction, excluding single-family homes and duplexes. To do so, this article sets forth objective design and development standards that remove barriers to and reduce costs for new residential construction for multi-family housing, excluding single-family homes, while still protecting the residential character of the City’s neighborhoods. (Ord. 1212, §7, adopted 2021) SECTION 2 Section 9055.1 of the Ukiah City Code is hereby amended to read as follows: §9055.1 DEVELOPMENT STANDARDS A. Setbacks: 1. Front: The front setback shall comply with the base zone front setback requirements. 2. Setback Landscaping: Areas between the required setback and street improvements shall be landscaped per the landscaping requirements in subsection L of this section. 3. Side (Interior): a. Minimum Side Setbacks: There is no minimum interior side setback; provided, that structures comply with the building and fire code standards for structure separation. b. Zero Setback: If zero setbacks are proposed, the side setback opposite the zero setback shall be a minimum of five feet (5'). 4. Rear: The rear setback shall comply with the base zone rear setback requirements. B. Property Access: There shall be vehicular access from a dedicated and improved street, easement, or alley to off-street parking areas. Page 133 of 296 C. Street Frontage: Every primary residential structure shall have frontage on a public street or an accessway which has been approved for residential access by the City. D. Structure Orientation: Structures shall incorporate site design that reduces heating and cooling needs by orienting structures (both common facilities and dwelling units) on the parcel to reduce heat loss and gain, depending on the time of day and season of the year. E. Structure Height: Structure height shall comply with the base zone maximum allowable height. F. Alternative Energy Applications: All structures shall be designed to allow for the installation of alternative energy technologies including but not limited to active solar, wind, or other emerging technologies, and shall comply with the following standards: 1. Installation of solar technology on structures such as rooftop photovoltaic cell arrays shall be installed in accordance with the State Fire Marshal safety regulations and guidelines. 2. Roof-mounted equipment shall be located in such a manner so as to not preclude the installation of solar panels, as shown in Figure 1-1. Figure 1-1: Application of Roof-Mounted Equipment G. Utility Lines: All utility lines from the service drop to the structure shall be placed underground. H. HVAC Systems: All HVAC systems shall be located on the roof of the structure to minimize noise impacts to adjacent properties, or shall be placed on the ground, not visible from the public right of way, meet the required setback and be obscured by fencing or landscaping as described in §9055.2(H) - Screening. I. Mail and Package Delivery Location: For multifamily development projects greater than four (4) dwelling units, mailboxes and package delivery areas shall be in locations that areeasily visible by residents at the interior of a structure entrance, elevator lobby, or stairwell. J. Primary Entrances: Page 134 of 296 1. Entry Lighting: All primary structure entrances shall include dusk-to-dawn lighting for safety and security per subsection P of this section. 2. Interior-Facing Structures: a. The primary entrance of each interior-facing structure shall be oriented toward paseos, courtyards, pathways, and active landscape areas. b. For safety, units not facing the street shall be oriented to provide visual access to entryways, pedestrian pathways, recreation areas, and common facilities from dwelling units. K. Open Space: The following development standards apply to multifamily developments greater than four (4) dwelling units: 1. Public Open Space: a. Public Open Space: Not less than ten percent (10%) of the gross acreage of the total project shall be set aside as public open space to allow for active and passive recreation opportunities and that includes shading elements to benefit all residents of the project, as shown in Figure 1-2. Open space ownership and maintenance shall be the responsibility of the property owner(s). Figure 1-2: Configuration of Public Open Space b. Connections: Public open space areas shall be directly connected to all interior space areas (i.e., community room, recreation room, exercise center), trash and recycling enclosures, laundry facilities (if applicable), structure entrances, parking areas, and mail delivery areas by pedestrian-oriented pathways. c. Landscaping and Gardening: A minimum of fifteen percent (15%) of the required public open space shall be landscaped with materials and plantings consistent with Page 135 of 296 the standards in subsection L of this section (Landscaping and Gardening) and the subject parcel’s underlying base zone landscaping requirements. d. Lighting: In addition to the exterior lighting standards in subsection P of this section, public open space areas shall incorporate accent lighting. Accent lighting may include string lighting in trees or crisscrossed over pedestrian areas via courtyards, or plazas; lighting in fountains; or lighting of significant structures or architectural design features. e. Public Gathering Space: Public open space areas shall include a minimum of two (2) of the following public gathering spaces: (1) Patio seating area for a minimum of eight (8) people. Patio seating can be fixed chairs and tables, table/bench combination, or landscape materials (i.e., slabs of stone or rock); (2) Community Garden space; (3) Water feature in the form of a fountain, bubblers, or water play padarea; (4) Picnic/BBQ area no smaller than two hundred (200) square feet with a minimum of three (3) Picnic/BBQs and tables; or (5) Pedestrian plaza no smaller than two hundred (200) square feet with a minimum of four (4) benches. f. Recreation Facilities: A maximum of twenty-five percent (25%) of the required public open space area may be paved for recreation facilities including but not limited to basketball courts, tennis courts, common playground, or swimming pools. 2. Private Open Space: a. Ground Floor Units: Each ground floor dwelling unit shall include a minimum of forty (40) square feet of private open space in the form of a covered or uncovered patio to allow for light, air, and privacy. b. Above-Ground-Floor Units: Each above-ground-floor dwelling unit shall include a minimum of forty (40) square feet of private open space in the form of a terrace, balcony, or rooftop patio to allow for light, air, and privacy. L. Landscaping (see Figure 1-3): 1. Landscaping Plans: Existing features, such as trees, creeks, and riparian habitats shall be incorporated into landscaping plans. 2. Site Landscaping: Page 136 of 296 a. All street trees shall be planted consistent with the standard planting detail on file with the City Engineer. b. Vegetation (i.e., bushes, shrubs, flowers) shall be maintained at a height of no more than three feet (3') when located adjacent to pedestrian pathways and building facades and placed in such a manner that does not obstruct lighting. c. Foodscaping: The integration of edible plants into ornamental landscapes is allowed and can constitute a percentage of the required landscaping for the subject property. d. Community Garden: A public garden tended and maintained by members of the local community, allowed per §9173.2 (Community Gardens). Community Gardens shall be regularly maintained and feature a management plan. 3. Irrigation: Site landscaping shall include an automated irrigation system with a minimum of seventy-five percent (75%) of system being drip irrigation to reduce water consumption. 4. Maintenance: All trees and on-site landscaping shall be maintained by the property owner. 5. Landscaping Plant Selection: a. Landscape planting shall consist of at least seventy-five percent (75%) native, drought-tolerant plants and/or flowering plants, including plants identified for ‘Foodscaping’. b. All tree plantings shall be equivalent to a fifteen (15) gallon container or larger. c. Street trees shall be selected from the approved species on the Ukiah Master Tree List – Required Street Tree List. Figure 1-3: Landscaping Page 137 of 296 M. Personal Outdoor Storage Spaces: A minimum of ten (10) square feet (eighty (80) cubic feet) of personal outdoor storage space shall be provided for each dwelling unit. Personal outdoor storage areas shall be covered and able to be locked. N. Bicycle Parking is an essential element of any bikeway network. Site planning for short- term and long-term bicycle storage considerations should be based on the Association of Pedestrian and Bicycle Professional’s (APBP) “Bicycle Parking Guidelines” and best practices. See below for bicycle parking standards (see Figure 1-4): 1. Class I Bicycle Parking: One Class I bicycle parking space (i.e., bicycle locker) is required for every fifteen (15) dwelling units. The Class I bicycle space shall be located within or directly adjacent to the required public open space area. 2. Class II Bicycle Parking: For multifamily development projects greater than four (4) dwelling units, one Class II bicycle parking space (i.e., inverted U-rack, ribbon rack, wave rack) is required for every three (3) dwelling units. The Class II bicycle space shall be located within or directly adjacent to the required public open space area. Figure 1-4: Bicycle Parking O. Parking and Circulation: 1. Parking Areas: a. Parking Lot Design and Location: (1) Parking is prohibited within required sight distance areas. (2) Multifamily development projects greater than fifteen (15) dwelling units shall not site more than fifty percent (50%) of the total parking stalls in a single parking area of the parking lot. (3) Multifamily development projects greater than four (4) dwelling units shall not provide parking areas between the building(s) and the primary street frontage. Page 138 of 296 (4) Parking areas lots within a site shall be internally connected and use shared driveways. b. Parking Lot Landscaping: The following development standards apply to multi- family developments greater than four (4) dwelling units: (1) Parking areas with twelve (12) or more parking stalls shall have a tree placed between every four (4) parking stalls (with exceptions for access aisles and other features required for accessibility or EV Charging), unless infeasible, due to existing mature trees or other similar site-constraint. Parking lots shall also feature with a continuous linear planting strip, rather than individual planting wells., unless infeasible. (2) Parking areas lots shall provide shade trees in landscaped areas and along pedestrian pathways. Parking areas shall be designed to provide a tree canopy coverage of fifty percent (50%) over all paved areas within ten (10) years of planting. (3) Parking areas lots shall provide a minimum ten-foot (10') buffer between the parking and structures. This buffer can include walkways and/or landscaping. (4) Parking areas lots shall use concrete curbing or raised planting areas to protect landscaped areas from encroaching vehicles. (5) At least seventy-five percent (75%) of parking lot trees shall be deciduous species. c. Parking Lot Lighting: The following development standards apply to multifamily development projects greater four (4) dwelling units. (1) Parking lots shall include pole-mounted lighting that shall be no more than sixteen feet (16') in height. (2) Parking lot lighting shall be directed downward to minimize glare. d. Carports: Carports shall be reserved for vehicles and shall not be used as storage space. e. Individual Garage Parking: For multifamily development projects greater than four (4) dwelling units, indoor vehicle parking in the form of garages is encouraged, but not required. 2. Required Parking: a. Guest Parking: A minimum of three (3) guest parking spaces shall be provided for every six (6) dwelling units. Page 139 of 296 ba. Parking Standards: Multifamily dwelling parking standards shall be consistent with the parking regulations of their zoning designation.Parking Standards: Multifamily dwelling parking standards shall be consistent with the parking regulations in Chapter 2, Article 17 of this division, with the exception of a minimum of one parking space per dwelling unit. b. Parking Standards: Mixed-use parking standards shall be consistent with Ukiah City Code Section 9198.(A.)(9). P. Exterior Lighting (see Figure 1-5): 1. Pedestrian-oriented lighting shall be provided in active pedestrian areas (i.e., paseos, interior sidewalks, pathways, etc.) for safety and security. 2. Pedestrian pathway (excluding street-fronting sidewalks) lighting features shall not exceed ten feet (10') in height. 3. Active pedestrian areas shall incorporate free-standing lighting separate from structures. 4. Pedestrian pathways, elevator lobbies, parking areas, stairwells, and other common areas shall have minimum illumination levels of one-half (0.5) foot-candle at the pathway surface to clearly show walking conditions. 5. Overhead sports court lighting shall illuminate only the intended area. Light trespass onto neighboring parcels is prohibited. 6. Outdoor lighting shall use energy efficient lighting technology and shall be shielded downward to reduce glare and light pollution in conformance with Dark Sky Standards of the International Dark Sky Association. Figure 1-5: Exterior Lighting Q. Privacy: Any balcony, window, or door shall use at least one of the following development approaches to lessen the privacy impacts onto adjacent properties. These techniques include: Page 140 of 296 use of obscured glazing, landscaped/privacy buffer in the required setback with a minimum of five feet (5'), window placement above eye level, or locating balconies, windows, and doors facing toward the street and backyard. Trees and landscaping used as a landscaped/privacy buffer shall be planted and maintained by the property owner to preserve the privacy of adjacent property owners. R. Trash and Recycling Enclosures: The following trash and recycling enclosure development standards apply to multifamily development projects greater than four (4) dwelling units: 1. Walls either made of masonry, metal, or wood with finished metal doors. 2. Vehicle and pedestrian access gates. 3. Downward lighting for safety and security. S. Structure Identification: Structure identification numbers shall be placed along pedestrian pathways and roads and shall be readable from a distance of at least sixty feet (60'). T. Signage and Information: Developments shall comply with the sign standards in Division 3, Chapter 7 of this code (Signs). In addition, all directional signage and informational kiosks (i.e., development maps) shall be located at the entrances of individual buildings and at convergences of main pedestrian pathways. SECTION 3 Section 9055.2 of the Ukiah City Code is hereby amended to read as follows: §9055.2 DESIGN STANDARDS A. Carports: 1. For multifamily development projects greater than four (4) dwelling units, carports shall not be visible from the street. 2. Carports shall include the approved color palette, materials, and design elements of the structure. B. Color Palettes (see Figure 1-6): 1. All structures shall include at least one primary color and a maximum of two (2) accent colors, in addition to the color of the roofing material. 2. Each structure elevation shall include two (2) colors in the selected color palette. 3. Projects that include more than ten (10) dwelling units shall include at least two (2) color palettes, where no single-color palette shall be used on more than fifty percent (50%) of the dwelling units. Page 141 of 296 Figure 1-6: Color Palettes C. Fences and Walls: The following materials are prohibited for all fences and walls: 1. Electrified; 2. Barbed wire/razor wire; 3. Sharp objects such as spires and glass; 4. Cyclone or chain link (Exception for on-site gardening or recreation improvements (e.g., basketball court, community gardens, etc.); and 5. Vinyl (Exception for on-site gardening or recreation improvements (e.g., basketball court, community gardens, etc.). D. Glazing: Structures shall incorporate the use of energy efficient glazing to reduce heat loss and gain. E. Common Mailboxes: Common mailboxes shall be painted using the approved color palette for the overall development. F. Trash and Recycling Enclosures: Trash and recycling enclosure walls and metal doors shall be painted in accordance with the approved color palette for the overall project. G. Roof Design and Materials (see Figure 1-7): 1. Horizontal eaves longer than twenty feet (20') in length shall be broken up by gables, building projections, or other forms of articulation. 2. Roof overhangs shall be a minimum of twelve inches (12"). Page 142 of 296 Figure 1-7: Roof Design 3. The following are allowable roofing materials: a. Nonreflective standing seam metal roofs in shades of tan, brown, black, light blue, red, and green; b. Cool foam roofs (white); c. Clay tile; and d. Architectural composition shingles. H. Screening: All screening of ground-mounted, wall-mounted, and roof-mounted equipment shall be painted in accordance with the approved color palette for the project. Visual screening shall be installed if ground-mounted or wall-mounted equipment faces the street. I. Stairways/Stairwells: Exterior stairways/stairwells that are not enclosed shall not be visible from the public right-of-way. J. Structure Massing: Structures that have a length longer than thirty feet (30') shall include facades with varying modulation with a minimum depth of two feet (2') at intervals of no more than ten feet (10'), as shown in Figure 1-8. Figure 1-8: Structure Massing Page 143 of 296 K. Structure Materials and Elements: 1. Drainpipes, parapets, and ledges shall not be located near windows, corridors, and balconies. If such placement is not feasible, they shall face parking lots, public spaces, and roads. 2. All structures shall include a minimum of two (2) primary materials (i.e., stone, wood, masonry, or metal) on each structure elevation. Each material shall comprise at least twenty percent (20%) of the elevations excluding windows and railings. 3. All structures that use exterior veneers shall ensure the edge of the veneer is not obvious by prohibiting the use of vertical joints at exterior corners. 4. The following primary structure materials are prohibited: a. Heavy timber, eExposed logs in their natural state; b. Stucco textured foam, synthetic stucco, vinyl or vinyl clad materials; and c. Unfinished galvanized metals. L. Exception: As needed or required, due to site or building constraints, the applicant can request deviation from the identified standards conveyed in UCC §9055.1 (K-S) or UCC §9055.2 (J-K) by 25% upon review by the Community Development Director. SECTION 4 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 _____, 2023, by the following roll call vote: AYES: NOES: Page 144 of 296 ABSENT: ABSTAIN: Adopted on ___________, 2023 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: __________________________________________ Mari Rodin, Mayor ATTEST: __________________________________________ Kristine Lawler, City Clerk Page 145 of 296 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING VARIOUS SECTIONS OF THE UKIAH CITY CODE THAT WOULD MAKE MINOR MODIFICATIONS TO DIVISION 9, CHAPTER 2, ARTICLE 5.2, SECTIONS 9055 - 9055.2 (OBJECTIVE DESIGN & DEVELOPMENT STANDARDS) TO INCORPORATE GENERAL PLAN OBJECTIVES, CLARIFY EXISTING REGULATIONS, AND ALLOW FOR LIMITED EXCEPTIONS, AS NECESSITATED BY SITE OR BUILDING CONSTRAINTS. The City Council of the City of Ukiah hereby ordains as follows: SECTION 1 Section 9055 of the Ukiah City Code is hereby amended to read as follows: §9055 PURPOSE AND INTENT The purpose of this article is to create a by-right, ministerial approval process for all new residential construction, excluding single-family homes and duplexes. To do so, this article sets forth objective design and development standards that remove barriers to and reduce costs for new residential construction for multi-family housing, while still protecting the residential character of the City’s neighborhoods. (Ord. 1212, §7, adopted 2021) SECTION 2 Section 9055.1 of the Ukiah City Code is hereby amended to read as follows: §9055.1 DEVELOPMENT STANDARDS A. Setbacks: 1. Front: The front setback shall comply with the base zone front setback requirements. 2. Setback Landscaping: Areas between the required setback and street improvements shall be landscaped per the landscaping requirements in subsection L of this section. 3. Side (Interior): a. Minimum Side Setbacks: There is no minimum interior side setback; provided, that structures comply with the building and fire code standards for structure separation. b. Zero Setback: If zero setbacks are proposed, the side setback opposite the zero setback shall be a minimum of five feet (5'). 4. Rear: The rear setback shall comply with the base zone rear setback requirements. B. Property Access: There shall be vehicular access from a dedicated and improved street, easement, or alley to off-street parking areas. Page 146 of 296 C. Street Frontage: Every primary residential structure shall have frontage on a public street or an accessway which has been approved for residential access by the City. D. Structure Orientation: Structures shall incorporate site design that reduces heating and cooling needs by orienting structures (both common facilities and dwelling units) on the parcel to reduce heat loss and gain, depending on the time of day and season of the year. E. Structure Height: Structure height shall comply with the base zone maximum allowable height. F. Alternative Energy Applications: All structures shall be designed to allow for the installation of alternative energy technologies including but not limited to active solar, wind, or other emerging technologies, and shall comply with the following standards: 1. Installation of solar technology on structures such as rooftop photovoltaic cell arrays shall be installed in accordance with the State Fire Marshal safety regulations and guidelines. 2. Roof-mounted equipment shall be located in such a manner so as to not preclude the installation of solar panels, as shown in Figure 1-1. Figure 1-1: Application of Roof-Mounted Equipment G. Utility Lines: All utility lines from the service drop to the structure shall be placed underground. H. HVAC Systems: All HVAC systems shall be located on the roof of the structure to minimize noise impacts to adjacent properties, or shall be placed on the ground, not visible from the public right of way, meet the required setback and be obscured by fencing or landscaping as described in §9055.2(H) - Screening. I. Mail and Package Delivery Location: For multifamily development projects greater than four (4) dwelling units, mailboxes and package delivery areas shall be in locations easily visible by residents. J. Primary Entrances: Page 147 of 296 1. Entry Lighting: All primary structure entrances shall include dusk-to-dawn lighting for safety and security per subsection P of this section. 2. Interior-Facing Structures: a. The primary entrance of each interior-facing structure shall be oriented toward paseos, courtyards, pathways, and active landscape areas. b. For safety, units not facing the street shall be oriented to provide visual access to entryways, pedestrian pathways, recreation areas, and common facilities from dwelling units. K. Open Space: The following development standards apply to multifamily developments greater than four (4) dwelling units: 1. Public Open Space: a. Public Open Space: Not less than ten percent (10%) of the gross acreage of the total project shall be set aside as public open space to allow for active and passive recreation opportunities and that includes shading elements to benefit all residents of the project, as shown in Figure 1-2. Open space ownership and maintenance shall be the responsibility of the property owner(s). Figure 1-2: Configuration of Public Open Space b. Connections: Public open space areas shall be directly connected to all interior space areas (i.e., community room, recreation room, exercise center), trash and recycling enclosures, laundry facilities (if applicable), structure entrances, parking areas, and mail delivery areas by pedestrian-oriented pathways. c. Landscaping and Gardening: A minimum of fifteen percent (15%) of the required public open space shall be landscaped with materials and plantings consistent with Page 148 of 296 the standards in subsection L of this section (Landscaping and Gardening) and the subject parcel’s underlying base zone landscaping requirements. d. Lighting: In addition to the exterior lighting standards in subsection P of this section, public open space areas shall incorporate accent lighting. Accent lighting may include string lighting in trees or crisscrossed over pedestrian areas via courtyards, or plazas; lighting in fountains; or lighting of significant structures or architectural design features. e. Public Gathering Space: Public open space areas shall include a minimum of two (2) of the following public gathering spaces: (1) Patio seating area for a minimum of eight (8) people. Patio seating can be fixed chairs and tables, table/bench combination, or landscape materials (i.e., slabs of stone or rock); (2) Community Garden; (3) Water feature in the form of a fountain, bubblers, or water play area; (4) Picnic/BBQ area no smaller than two hundred (200) square feet with a minimum of three (3) Picnic/BBQs and tables; or (5) Pedestrian plaza no smaller than two hundred (200) square feet with a minimum of four (4) benches. f. Recreation Facilities: A maximum of twenty-five percent (25%) of the required public open space area may be paved for recreation facilities including but not limited to basketball courts, tennis courts, common playground, or swimming pools. 2. Private Open Space: a. Ground Floor Units: Each ground floor dwelling unit shall include a minimum of forty (40) square feet of private open space in the form of a covered or uncovered patio to allow for light, air, and privacy. b. Above-Ground-Floor Units: Each above-ground-floor dwelling unit shall include a minimum of forty (40) square feet of private open space in the form of a terrace, balcony, or rooftop patio to allow for light, air, and privacy. L. Landscaping (see Figure 1-3): 1. Landscaping Plans: Existing features, such as trees, creeks, and riparian habitats shall be incorporated into landscaping plans. 2. Site Landscaping: Page 149 of 296 a. All street trees shall be planted consistent with the standard planting detail on file with the City Engineer. b. Vegetation (i.e., bushes, shrubs, flowers) shall be maintained at a height of no more than three feet (3') when located adjacent to pedestrian pathways and building facades and placed in such a manner that does not obstruct lighting. c. Foodscaping: The integration of edible plants into ornamental landscapes is allowed and can constitute a percentage of the required landscaping for the subject property. d. Community Garden: A public garden tended and maintained by members of the local community, allowed per §9173.2 (Community Gardens). Community Gardens shall be regularly maintained and feature a management plan. 3. Irrigation: Site landscaping shall include an automated irrigation system with a minimum of seventy-five percent (75%) of system being drip irrigation to reduce water consumption. 4. Maintenance: All trees and on-site landscaping shall be maintained by the property owner. 5. Landscaping Plant Selection: a. Landscape planting shall consist of at least seventy-five percent (75%) native, drought-tolerant plants and/or flowering plants, including plants identified for ‘Foodscaping’. b. All tree plantings shall be equivalent to a fifteen (15) gallon container or larger. c. Street trees shall be selected from the approved species on the Ukiah Master Tree List – Required Street Tree List. Figure 1-3: Landscaping Page 150 of 296 M. Personal Outdoor Storage Spaces: A minimum of ten (10) square feet (eighty (80) cubic feet) of personal outdoor storage space shall be provided for each dwelling unit. Personal outdoor storage areas shall be covered and able to be locked. N. Bicycle Parking is an essential element of any bikeway network. Site planning for short- term and long-term bicycle storage considerations should be based on the Association of Pedestrian and Bicycle Professional’s (APBP) “Bicycle Parking Guidelines” and best practices. See below for bicycle parking standards (see Figure 1-4): 1. Class I Bicycle Parking: One Class I bicycle parking space (i.e., bicycle locker) is required for every fifteen (15) dwelling units. The Class I bicycle space shall be located within or directly adjacent to the required public open space area. 2. Class II Bicycle Parking: For multifamily development projects greater than four (4) dwelling units, one Class II bicycle parking space (i.e., inverted U-rack, ribbon rack, wave rack) is required for every three (3) dwelling units. The Class II bicycle space shall be located within or directly adjacent to the required public open space area. Figure 1-4: Bicycle Parking O. Parking and Circulation: 1. Parking Areas: a. Parking Lot Design and Location: (1) Parking is prohibited within required sight distance areas. (2) Multifamily development projects greater than fifteen (15) dwelling units shall not site more than fifty percent (50%) of the total parking stalls in a single area of the parking lot. (3) Multifamily development projects greater than four (4) dwelling units shall not provide parking between the building(s) and the primary street frontage. Page 151 of 296 (4) Parking lots within a site shall be internally connected and use shared driveways. b. Parking Lot Landscaping: The following development standards apply to multi- family developments greater than four (4) dwelling units: (1) Parking areas with twelve (12) or more parking stalls shall have a tree placed between every four (4) parking stalls (with exceptions for access aisles and other features required for accessibility or EV Charging), unless infeasible, due to existing mature trees or other similar site-constraint. Parking lots shall also feature a continuous linear planting strip, rather than individual planting wells.. (2) Parking lots shall provide shade trees in landscaped areas and along pedestrian pathways. Parking areas shall be designed to provide a tree canopy coverage of fifty percent (50%) over all paved areas within ten (10) years of planting. (3) Parking lots shall provide a minimum ten-foot (10') buffer between the parking and structures. This buffer can include walkways and/or landscaping. (4) Parking lots shall use concrete curbing or raised planting areas to protect landscaped areas from encroaching vehicles. (5) At least seventy-five percent (75%) of parking lot trees shall be deciduous species. c. Parking Lot Lighting: The following development standards apply to multifamily development projects greater four (4) dwelling units. (1) Parking lots shall include pole-mounted lighting that shall be no more than sixteen feet (16') in height. (2) Parking lot lighting shall be directed downward to minimize glare. d. Carports: Carports shall be reserved for vehicles and shall not be used as storage space. e. Individual Garage Parking: For multifamily development projects greater than four (4) dwelling units, indoor vehicle parking in the form of garages is encouraged, but not required. 2. Required Parking: a. Parking Standards: Multifamily dwelling parking standards shall be consistent with the parking regulations of their zoning designation. b. Parking Standards: Mixed-use parking standards shall be consistent with Ukiah City Code Section 9198.A.9. Page 152 of 296 P. Exterior Lighting (see Figure 1-5): 1. Pedestrian-oriented lighting shall be provided in active pedestrian areas (i.e., paseos, interior sidewalks, pathways, etc.) for safety and security. 2. Pedestrian pathway (excluding street-fronting sidewalks) lighting features shall not exceed ten feet (10') in height. 3. Active pedestrian areas shall incorporate free-standing lighting separate from structures. 4. Pedestrian pathways, elevator lobbies, parking areas, stairwells, and other common areas shall have minimum illumination levels of one-half (0.5) foot-candle at the pathway surface to clearly show walking conditions. 5. Overhead sports court lighting shall illuminate only the intended area. Light trespass onto neighboring parcels is prohibited. 6. Outdoor lighting shall use energy efficient lighting technology and shall be shielded downward to reduce glare and light pollution in conformance with Dark Sky Standards of the International Dark Sky Association. Figure 1-5: Exterior Lighting Q. Privacy: Any balcony, window, or door shall use at least one of the following development approaches to lessen the privacy impacts onto adjacent properties. These techniques include: use of obscured glazing, landscaped/privacy buffer in the required setback with a minimum of five feet (5'), window placement above eye level, or locating balconies, windows, and doors facing toward the street and backyard. Trees and landscaping used as a landscaped/privacy buffer shall be planted and maintained by the property owner to preserve the privacy of adjacent property owners. R. Trash and Recycling Enclosures: The following trash and recycling enclosure development standards apply to multifamily development projects greater than four (4) dwelling units: 1. Walls either made of masonry, metal, or wood with finished metal doors. Page 153 of 296 2. Vehicle and pedestrian access gates. 3. Downward lighting for safety and security. S. Structure Identification: Structure identification numbers shall be placed along pedestrian pathways and roads and shall be readable from a distance of at least sixty feet (60'). T. Signage and Information: Developments shall comply with the sign standards in Division 3, Chapter 7 of this code (Signs). In addition, all directional signage and informational kiosks (i.e., development maps) shall be located at the entrances of individual buildings and at convergences of main pedestrian pathways. SECTION 3 Section 9055.2 of the Ukiah City Code is hereby amended to read as follows: §9055.2 DESIGN STANDARDS A. Carports: 1. For multifamily development projects greater than four (4) dwelling units, carports shall not be visible from the street. 2. Carports shall include the approved color palette, materials, and design elements of the structure. B. Color Palettes (see Figure 1-6): 1. All structures shall include at least one primary color and a maximum of two (2) accent colors, in addition to the color of the roofing material. 2. Each structure elevation shall include two (2) colors in the selected color palette. 3. Projects that include more than ten (10) dwelling units shall include at least two (2) color palettes, where no single-color palette shall be used on more than fifty percent (50%) of the dwelling units. Page 154 of 296 Figure 1-6: Color Palettes C. Fences and Walls: The following materials are prohibited for all fences and walls: 1. Electrified; 2. Barbed wire/razor wire; 3. Sharp objects such as spires and glass; 4. Cyclone or chain link (Exception for on-site gardening or recreation improvements (e.g., basketball court, community gardens, etc.); and 5. Vinyl (Exception for on-site gardening or recreation improvements (e.g., basketball court, community gardens, etc.). D. Glazing: Structures shall incorporate the use of energy efficient glazing to reduce heat loss and gain. E. Common Mailboxes: Common mailboxes shall be painted using the approved color palette for the overall development. F. Trash and Recycling Enclosures: Trash and recycling enclosure walls and metal doors shall be painted in accordance with the approved color palette for the overall project. G. Roof Design and Materials (see Figure 1-7): 1. Horizontal eaves longer than twenty feet (20') in length shall be broken up by gables, building projections, or other forms of articulation. 2. Roof overhangs shall be a minimum of twelve inches (12"). Page 155 of 296 Figure 1-7: Roof Design 3. The following are allowable roofing materials: a. Nonreflective standing seam metal roofs in shades of tan, brown, black, light blue, red, and green; b. Cool foam roofs (white); c. Clay tile; and d. Architectural composition shingles. H. Screening: All screening of ground-mounted, wall-mounted, and roof-mounted equipment shall be painted in accordance with the approved color palette for the project. Visual screening shall be installed if ground-mounted or wall-mounted equipment faces the street. I. Stairways/Stairwells: Exterior stairways/stairwells that are not enclosed shall not be visible from the public right-of-way. J. Structure Massing: Structures that have a length longer than thirty feet (30') shall include facades with varying modulation with a minimum depth of two feet (2') at intervals of no more than ten feet (10'), as shown in Figure 1-8. Figure 1-8: Structure Massing Page 156 of 296 K. Structure Materials and Elements: 1. Drainpipes, parapets, and ledges shall not be located near windows, corridors, and balconies. If such placement is not feasible, they shall face parking lots, public spaces, and roads. 2. All structures shall include a minimum of two (2) primary materials (i.e., stone, wood, masonry, or metal) on each structure elevation. Each material shall comprise at least twenty percent (20%) of the elevations excluding windows and railings. 3. All structures that use exterior veneers shall ensure the edge of the veneer is not obvious by prohibiting the use of vertical joints at exterior corners. 4. The following primary structure materials are prohibited: a. Exposed logs in their natural state; b. Stucco textured foam, synthetic stucco, vinyl or vinyl clad materials; and c. Unfinished galvanized metals. L. Exception: As needed or required, due to site or building constraints, the applicant can request deviation from the identified standards conveyed in UCC §9055.1 (K-S) or UCC §9055.2 (J-K) by 25% upon review by the Community Development Director. SECTION 4 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 _____, 2023, by the following roll call vote: AYES: NOES: Page 157 of 296 ABSENT: ABSTAIN: Adopted on ___________, 2023 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: __________________________________________ Mari Rodin, Mayor ATTEST: __________________________________________ Kristine Lawler, City Clerk Page 158 of 296 Attachment 3 Page 159 of 296 Page 160 of 296 EXHIBIT A CHAPTER 2 ZONING ARTICLE 5.2. OBJECTIVE DESIGN AND DEVELOPMENT STANDARDS FOR NEW RESIDENTIAL CONSTRUCTION SECTION: §9055 Purpose And Intent §9055.1 Development Standards §9055 PURPOSE AND INTENT The purpose of this article is to create a by-right, ministerial approval process for all new residential construction, excluding single-family homes and duplexes. To do so, this article sets forth objective design and development standards that remove barriers to and reduce costs for new residential construction for multi-family housing, while still protecting the residential character of the City’s neighborhoods. (Ord. 1212, §7, adopted 2021) §9055.1 DEVELOPMENT STANDARDS A.Setbacks: 1. Front: The front setback shall comply with the base zone front setback requirements. 2. Setback Landscaping: Areas between the required setback and street improvements shall be landscaped per the landscaping requirements in subsection L of this section. 3.Side (Interior): a.Minimum Side Setbacks: There is no minimum interior side setback; provided, that structures comply with the building and fire code standards for structure separation. b. Zero Setback: If zero setbacks are proposed, the side setback opposite the zero setback shall be a minimum of five feet (5'). 4. Rear: The rear setback shall comply with the base zone rear setback requirements. B.Property Access: There shall be vehicular access from a dedicated and improved street, easement, or alley to off-street parking areas.Page 161 of 296 EXHIBIT A C.Street Frontage: Every primary residential structure shall have frontage on a public street or an accessway which has been approved for residential access by the City. D.Structure Orientation: Structures shall incorporate site design that reduces heating and cooling needs by orienting structures (both common facilities and dwelling units) on the parcel to reduce heat loss and gain, depending on the time of day and season of the year. E.Structure Height: Structure height shall comply with the base zone maximum allowable height. F.Alternative Energy Applications: All structures shall be designed to allow for the installation of alternative energy technologies including but not limited to active solar, wind, or other emerging technologies, and shall comply with the following standards: 1. Installation of solar technology on structures such as rooftop photovoltaic cell arrays shall be installed in accordance with the State Fire Marshal safety regulations and guidelines. 2. Roof-mounted equipment shall be located in such a manner so as to not preclude the installation of solar panels, as shown in Figure 1-1. Figure 1-1: Application of Roof-Mounted Equipment G.Utility Lines: All utility lines from the service drop to the structure shall be placed underground. H. HVAC Systems: All HVAC systems shall be located on the roof of the structure to minimize noise impacts to adjacent properties, or shall be placed on the ground, not visible from the public right of way, meet the required setback and be obscured by fencing or landscaping as described in §9055.2(H) - Screening. I.Mail and Package Delivery Location: For multifamily development projects greater than four (4) dwelling units, mailboxes and package delivery areas shall be in locations easily visible by residents. J.Primary Entrances: 1.Entry Lighting: All primary structure entrances shall include dusk-to-dawn lighting for safety and security per subsection P of this section. 2. Interior-Facing Structures: a. The primary entrance of each interior-facing structure shall be oriented toward paseos, courtyards, pathways, and active landscape areas. Page 162 of 296 EXHIBIT A b. For safety, units not facing the street shall be oriented to provide visual access to entryways, pedestrian pathways, recreation areas, and common facilities from dwelling units. K. Open Space: The following development standards apply to multifamily developments greater than four (4) dwelling units: 1. Public Open Space: a. Public Open Space: Not less than ten percent (10%) of the gross acreage of the total project shall be set aside as public open space to allow for active and passive recreation opportunities and that includes shading elements to benefit all residents of the project, as shown in Figure 1-2. Open space ownership and maintenance shall be the responsibility of the property owner(s). Figure 1-2: Configuration of Public Open Space b. Connections: Public open space areas shall be directly connected to all interior space areas (i.e., community room, recreation room, exercise center), trash and recycling enclosures, laundry facilities (if applicable), structure entrances, parking areas, and mail delivery areas by pedestrian-oriented pathways. c. Landscaping and Gardening: A minimum of fifteen percent (15%) of the required public open space shall be landscaped with materials and plantings consistent with the standards in subsection L of this section (Landscaping and Gardening) and the subject parcel’s underlying base zone landscaping requirements. d. Lighting: In addition to the exterior lighting standards in subsection P of this section, public open space areas shall incorporate accent lighting. Accent lighting may include string lighting in trees or crisscrossed over pedestrian areas via courtyards, or plazas; lighting in fountains; or lighting of significant structures or architectural design features. e. Public Gathering Space: Public open space areas shall include a minimum of two (2) of the following public gathering spaces: (1) Patio seating area for a minimum of eight (8) people. Patio seating can be fixed chairs and tables, table/bench combination, or landscape materials (i.e., slabs of stone or rock); Page 163 of 296 EXHIBIT A (2) Community Garden; (3) Water feature in the form of a fountain, bubblers, or water play area; (4) Picnic/BBQ area no smaller than two hundred (200) square feet with a minimum of three (3) Picnic/BBQs and tables; or (5) Pedestrian plaza no smaller than two hundred (200) square feet with a minimum of four (4) benches. f. Recreation Facilities: A maximum of twenty-five percent (25%) of the required public open space area may be paved for recreation facilities including but not limited to basketball courts, tennis courts, common playground, or swimming pools. 2. Private Open Space: a. Ground Floor Units: Each ground floor dwelling unit shall include a minimum of forty (40) square feet of private open space in the form of a covered or uncovered patio to allow for light, air, and privacy. b. Above-Ground-Floor Units: Each above-ground-floor dwelling unit shall include a minimum of forty (40) square feet of private open space in the form of a terrace, balcony, or rooftop patio to allow for light, air, and privacy. L. Landscaping (see Figure 1-3): 1. Landscaping Plans: Existing features, such as trees, creeks, and riparian habitats shall be incorporated into landscaping plans. 2. Site Landscaping: a. All street trees shall be planted consistent with the standard planting detail on file with the City Engineer. b. Vegetation (i.e., bushes, shrubs, flowers) shall be maintained at a height of no more than three feet (3') when located adjacent to pedestrian pathways and building facades and placed in such a manner that does not obstruct lighting. c. Foodscaping: The integration of edible plants into ornamental landscapes is allowed and can constitute a percentage of the required landscaping for the subject property. Page 164 of 296 EXHIBIT A d. Community Garden: A public garden tended and maintained by members of the local community, allowed per §9173.2 (Community Gardens). Community Gardens shall be regularly maintained, and feature a management plan 3. Irrigation: Site landscaping shall include an automated irrigation system with a minimum of seventy-five percent (75%) of system being drip irrigation to reduce water consumption. 4. Maintenance: All trees and on-site landscaping shall be maintained by the property owner. 5. Landscaping Plant Selection: a. Landscape planting shall consist of at least seventy-five percent (75%) native, drought- tolerant plants and/or flowering plants, including plants identified for ‘Foodscaping’. b. All tree plantings shall be equivalent to a fifteen (15) gallon container or larger. c. Street trees shall be selected from the approved species on the Ukiah Master Tree List – Required Street Tree List. Figure 1-3: Landscaping M. Personal Outdoor Storage Spaces: A minimum of ten (10) square feet (eighty (80) cubic feet) of personal outdoor storage space shall be provided for each dwelling unit. Personal outdoor storage areas shall be covered and able to be locked. N. Bicycle Parking is an essential element of any bikeway network. Site planning for short-term and long-term bicycle storage considerations should be based on the Association of Pedestrian and Bicycle Professional’s (APBP) “Bicycle Parking Guidelines” and best practices. See below for bicycle parking standards (see Figure 1-4): 1. Class I Bicycle Parking: One Class I bicycle parking space (i.e., bicycle locker) is required for every fifteen (15) dwelling units. The Class I bicycle space shall be located within or directly adjacent to the required public open space area. 2. Class II Bicycle Parking: For multifamily development projects greater than four (4) dwelling units, one Class II bicycle parking space (i.e., inverted U-rack, ribbon rack, wave rack) is required for every three (3) dwelling units. The Class II bicycle space shall be located within or directly adjacent to the required public open space area. Figure 1-4: Bicycle Parking Page 165 of 296 EXHIBIT A O. Parking and Circulation: 1. Parking Areas: a. Parking Lot Design and Location: (1) Parking is prohibited within required sight distance areas. (2) Multifamily development projects greater than fifteen (15) dwelling units shall not site more than fifty percent (50%) of the total parking stalls in a single area of the parking lot. (3) Multifamily development projects greater than four (4) dwelling units shall not provide parking between the building(s) and the primary street frontage. (4) Parking lots within a site shall be internally connected and use shared driveways. b. Parking Lot Landscaping: The following development standards apply to multi-family developments greater than four (4) dwelling units: (1) Parking lots with twelve (12) or more parking stalls shall have a tree placed between every four (4) parking stalls (with exceptions for access aisles and other features required for accessibility or EV Charging), unless infeasible, due to existing mature trees or similar site-constraint. Parking lots shall also feature a continuous linear planting strip, rather than individual planting wells. (2) Parking lots shall provide shade trees in landscaped areas and along pedestrian pathways. Parking areas shall be designed to provide a tree canopy coverage of fifty percent (50%) over all paved areas within ten (10) years of planting. (3) Parking lots shall provide a minimum ten-foot (10') buffer between the parking and structures. This buffer can include walkways and/or landscaping. (4) Parking lots shall use concrete curbing or raised planting areas to protect landscaped areas from encroaching vehicles. (5) At least seventy-five percent (75%) of parking lot trees shall be deciduous species. c. Parking Lot Lighting: The following development standards apply to multifamily development projects greater four (4) dwelling units. Page 166 of 296 EXHIBIT A (1) Parking lots shall include pole-mounted lighting that shall be no more than sixteen feet (16') in height. (2) Parking lot lighting shall be directed downward to minimize glare. d. Carports: Carports shall be reserved for vehicles and shall not be used as storage space. e. Individual Garage Parking: For multifamily development projects greater than four (4) dwelling units, indoor vehicle parking in the form of garages is encouraged, but not required. 2. Required Parking: a. Parking Standards: Multifamily dwelling parking standards shall be consistent with the parking regulations of their zoning designation. b. Parking Standards: Mixed-use parking standards shall be consistent with Ukiah City Code Section 9198(A)(9). P. Exterior Lighting (see Figure 1-5): 1. Pedestrian-oriented lighting shall be provided in active pedestrian areas (i.e., paseos, interior sidewalks, pathways, etc.) for safety and security. 2. Pedestrian pathway (excluding street-fronting sidewalks) lighting features shall not exceed ten feet (10') in height. 3. Active pedestrian areas shall incorporate free-standing lighting separate from structures. 4. Pedestrian pathways, elevator lobbies, parking areas, stairwells, and other common areas shall have minimum illumination levels of one-half (0.5) foot-candle at the pathway surface to clearly show walking conditions. 5. Overhead sports court lighting shall illuminate only the intended area. Light trespass onto neighboring parcels is prohibited. 6. Outdoor lighting shall use energy efficient lighting technology and shall be shielded downward to reduce glare and light pollution in conformance with Dark Sky Standards of the International Dark Sky Association.. Figure 1-5: Exterior Lighting Page 167 of 296 EXHIBIT A Q. Privacy: Any balcony, window, or door shall use at least one of the following development approaches to lessen the privacy impacts onto adjacent properties. These techniques include: use of obscured glazing, landscaped/privacy buffer in the required setback with a minimum of five feet (5'), window placement above eye level, or locating balconies, windows, and doors facing toward the street and backyard. Trees and landscaping used as a landscaped/privacy buffer shall be planted and maintained by the property owner to preserve the privacy of adjacent property owners. R. Trash and Recycling Enclosures: The following trash and recycling enclosure development standards apply to multifamily development projects greater than four (4) dwelling units: 1. Walls either made of masonry, metal, or wood with finished metal doors. 2. Vehicle and pedestrian access gates. 3. Downward lighting for safety and security. S. Structure Identification: Structure identification numbers shall be placed along pedestrian pathways and roads and shall be readable from a distance of at least sixty feet (60'). T. Signage and Information: Developments shall comply with the sign standards in Division 3, Chapter 7 of this code (Signs). In addition, all directional signage and informational kiosks (i.e., development maps) shall be located at the entrances of individual buildings and at convergences of main pedestrian pathways. (Ord. 1212, §7, adopted 2021) §9055.2 DESIGN STANDARDS A. Carports: 1. For multifamily development projects greater than four (4) dwelling units, carports shall not be visible from the street. 2. Carports shall include the approved color palette, materials, and design elements of the structure. B. Color Palettes (see Figure 1-6): 1. All structures shall include at least one primary color and a maximum of two (2) accent colors, in addition to the color of the roofing material. 2. Each structure elevation shall include two (2) colors in the selected color palette. Page 168 of 296 EXHIBIT A 3. Projects that include more than ten (10) dwelling units shall include at least two (2) color palettes, where no single-color palette shall be used on more than fifty percent (50%) of the dwelling units. Figure 1-6: Color Palettes C. Fences and Walls: The following materials are prohibited for all fences and walls: 1. Electrified; 2. Barbed wire/razor wire; 3. Sharp objects such as spires and glass; 4. Cyclone or chain link (Exception for on-site gardening or recreation improvements (e.g., basketball court, community gardens, etc.); and 5. Vinyl (Exception for on-site gardening or recreation improvements (e.g., basketball court, community gardens, etc.).. D. Glazing: Structures shall incorporate the use of energy efficient glazing to reduce heat loss and gain. E. Common Mailboxes: Common mailboxes shall be painted using the approved color palette for the overall development. F. Trash and Recycling Enclosures: Trash and recycling enclosure walls and metal doors shall be painted in accordance with the approved color palette for the overall project. G. Roof Design and Materials (see Figure 1-7): 1. Horizontal eaves longer than twenty feet (20') in length shall be broken up by gables, building projections, or other forms of articulation. 2. Roof overhangs shall be a minimum of twelve inches (12"). Figure 1-7: Roof Design 3. The following are allowable roofing materials: a. Nonreflective standing seam metal roofs in shades of tan, brown, black, light blue, red, Page 169 of 296 EXHIBIT A and green; b. Cool foam roofs (white); c. Clay tile; and d. Architectural composition shingles. H. Screening: All screening of ground-mounted, wall-mounted, and roof-mounted equipment shall be painted in accordance with the approved color palette for the project. Visual screening shall be installed if ground-mounted or wall-mounted equipment faces the street. I. Stairways/Stairwells: Exterior stairways/stairwells that are not enclosed shall not be visible from the public right-of-way. J. Structure Massing: Structures that have a length longer than thirty feet (30') shall include facades with varying modulation with a minimum depth of two feet (2') at intervals of no more than ten feet (10'), as shown in Figure 1-8. Figure 1-8: Structure Massing K. Structure Materials and Elements: 1. Drainpipes, parapets, and ledges shall not be located near windows, corridors, and balconies. If such placement is not feasible, they shall face parking lots, public spaces, and roads. 2. All structures shall include a minimum of two (2) primary materials (i.e., stone, wood, masonry, or metal) on each structure elevation. Each material shall comprise at least twenty percent (20%) of the elevations excluding windows and railings. 3. All structures that use exterior veneers shall ensure the edge of the veneer is not obvious by prohibiting the use of vertical joints at exterior corners. 4. The following primary structure materials are prohibited: a. Exposed logs in their natural state; b. Stucco textured foam, synthetic stucco, vinyl or vinyl clad materials; and c. Unfinished galvanized metals. L. Exception: As needed or required, due to site or building constraints, the applicant can request Page 170 of 296 EXHIBIT A deviation from the identified standards conveyed in UCC §9055.1 (K-S) or UCC §9055.2 (J-K) by 25% upon review by the Community Development Director. Page 171 of 296 City Council October 4, 2023 Jesse Davis, Chief Planning Manager City of Ukiah Department of Community Development Objective Design & Development Standards Ordinance Amendment Page 172 of 296 PLANNING COMMISSION May | 2 PROJECT OVERVIEW & PURPOSE •Inform future ordinance amendments to the City’s Zoning Code, and utilize awarded LEAP funds to update the existing infill development policy; •Update and improve the City’s streamlined ministerial review processes for qualified housing and mixed-use projects in the pipeline; •Ensure that qualifying projects align with the City’s vision, incorporating lessons learned from Acorn Valley Plaza, as well as input from local architects and the Design Review Board; •Update criteria to guide future development within City-limits and serve as a model for other jurisdictions within Mendocino County, while prioritizing infill development that encourages mixed-used development with less-intensive parking requirements. Page 173 of 296 ACORN VALLEY PLAZA The proposed development, Acorn Valley Plaza, has been designed to fit within the context of an existing, developed neighborhood, south of the primary commercial center of the community and contiguous to a public transit route for the regional bus system along Gobbi Street, a primary, east-west collector arterial. The project, as designed, includes seventy-one (71) residential units with a manager’s unit, Common Area amenities and a small mixed- use component facing to the north, onto the commercial pathway that is Gobbi Street. The project was the first in the City of Ukiah to utilize Objective Design & Development Standards to facilitate a ministerial approval. 3Page 174 of 296 4 ACORN VALLEY PLAZA Page 175 of 296 5 •Residential: 72 Units = 72 Spaces •Res Mix (2 Bdr & 3 Bdr) = 37 Spaces •Guest Parking: 72/6=12 * 3 = 36 Spaces •Residential Req: 145 Spaces •Comm Req: 1550/350= 4 Spaces •Total Parking Required = 149 Spaces PARKING REQUIRED •Special: 149 *.30 = 45 Spaces - UCC 9198(A)(7) •Bicycle: 3*2 = 6 Spaces - UCC 9199(B) •Mixed Use: 4 Spaces * .35 = 1 Space – UCC 9198(A)(9) •Parking Exemptions: 45+6+1 = 52 Spaces •Spaces Required: 149 -52= 97 Spaces •Total Number Provided: •“Off Street”- 85 + “Village Circle” - 12 = 97 Spaces PARKING EXEMPTIONS Page 176 of 296 ORDINANCE CHANGES •§9055 Purpose and Intent: Duplexes: Clarify that ‘Duplexes’ are not subject to Article 5.2 by inserting an explicit exclusion, like the one already provided for single-family homes. •§9055.1 (H): HVAC Systems: Clarify that HVAC Units can also be placed on the ground, but subject to setback and screening requirements. •§9055.1 (I): Mail and Package Delivery Location: Clarify that mailbox locations do not need to be visible from the structure entrance, but in locations that are easily accessible and meet USPS standards. •§9055.1 (K): Open-Space: Increase the allowances for community gardening opportunities by allowing for community gardens to constitute a percentage of the required 15% public open space. •§9055.1 (N): Bicycle Parking: Adds additional language to prioritize the need for bicycle parking and provides acceptable guidelines to inform best practices Page 177 of 296 ORDINANCE CHANGES §9055.1 (O)(1)(b)(1-4): Parking Lot Landscaping: Eliminates the distinction between parking areas and parking lots & provides additional clarifications for tree-wells. •Exceptions for access aisles and other features required for accessibility or EV Charging), unless infeasible, due to existing mature trees or other similar site-constraint. §9055.1 (O)(2)(a): Required Parking: Remove the ‘Guest Parking’ requirement •The assigned ratio becomes onerous for larger in-fill development proposals and works against the parking exemptions or reductions identified in other sections of Ukiah City Code, such as UCC 9198(A)(7-9). It also restricts developments that are market rate or above-moderate. §9055.1 (O)(2)(a): Parking Code: Article 17 is more onerous than the current zoning standards across districts. Article 17 requires 2 spaces for units with 2 or 3 Bedrooms, while the C-1, C-2 & R-3 Zoning Districts require just one on-site parking space per unit regardless of bedrooms. Page 178 of 296 ORDINANCE CHANGES §9055.1(O)(2)(b): Mixed-Use Parking: The current iteration of the objective design and development standards do not clarify what parking standards should be applied for mixed-use development projects, or if mixed-use parking reductions are appropriate. §9055.1(P)(6): Outdoor Lighting: At the request of the DRB, this requirement was modified to provide a specific reference to Dark Sky Standards of the International Dark Sky Association in conjunction with reducing glare and light pollution. §9055.2(C)(4-5) Fences and Walls: This amendment adds an exception that certain recreation and garden improvements be allowed to use otherwise prohibited fence types. §9055.2(K)(4)(a): Heavy Timber: Concerns have been conveyed from the architectural community that the existing language could be construed as to prevent designs like the Sun-House, or use of materials like Cross Laminated Timber. The amendment removes “heavy-timber” considerations but continues to prohibit “exposed-logs. Page 179 of 296 ORDINANCE CHANGES §9055.2(L): Exception: As needed or required, due to site or building constraints, the applicant can request deviation from any of the identified standards conveyed in UCC §9055.1 (K-S) or UCC §9055.2 (J-K) by 25% upon review by the Community Development Director. Page 180 of 296 GENERAL PLAN CONSISTENCY •Agriculture Element Action Item (F): The City shall revise the City’s objective development and design standards for multi-family housing projects to include the definition of and provisions for ‘Foodscaping’. •Housing Element Goal H-3: Remove governmental constraints to infill housing development. Housing Element Policy H-3.1: Improve building and planning permit processing for residential construction. •Housing Element Goal H-4: Promote well-planned and designed housing opportunities and projects for all persons, regardless of race, gender, age, sexual orientation, marital status, or national origin. •Housing Element Implementation Program 1e: Develop standards and design guidelines for residential development in the Medium Density Residential (R-2) and High Density Residential (R-3), Community Commercial (C-1) and Heavy Commercial (C-2) zoning districts. •Mobility Element Policy-1.10: Bicycle Parking Standards -The City shall maintain efficient and updated parking standards for bicycle parking to ensure development provides adequate bicycle parking, while reducing reliance on automobiles. Page 181 of 296 11 RECOMMENDATION Introduction of the ordinance by title only amending various sections of Ukiah City Code to update the City’s existing objective design and development standards for new multi-family residential construction; and find the ordinance categorically exempt pursuant to Section 15061(b)(3) of the CEQA Guidelines. Page 182 of 296 Page 1 of 2 Agenda Item No: 13.a. MEETING DATE/TIME: 10/4/2023 ITEM NO: 2023-3037 AGENDA SUMMARY REPORT SUBJECT: Status Report of the Emergency Contract with West Coast Fire & Water for Fire Remediation Work at the Electric Utility Service Center at Hastings. DEPARTMENT: Electric Utility PREPARED BY: Cindy Sauers, Electric Utility Director PRESENTER: Sage Sangiacomo, City Manager ATTACHMENTS: 1. West Coast Fire Water - Hastings Fire Remediation Work - 2223-177 Summary: The Council will receive a status report of the emergency contract with West Coast Fire & Water for fire remediation work at the Electric Utility Service Center at Hastings, and will consider approving the work to continue under the emergency contract. Background: The Ukiah City Council approved the purchase of 2.8 acres with a 15,800 sq. ft. building located at 1350 Hastings Rd (The Electric Service Center) to house the Electric Utility Department’s operations. The Electric Service Center will centralize electric operations for Engineering, Construction and Technical Services. In addition, the Department intends to use the Electric Service Center for training, material warehousing and construction preparation. On August 5, 2020, the City Council adopted the plans and specifications for the grading, fencing, roofing and electric equipment relocation. This work was completed on March 2, 2023. On the morning of March 8, 2023, a fire broke out at the Electric Utility Department's Service Center located at 1350 Hastings Road. The source of the fire was the electrical failure of a bathroom ceiling fan. The Ukiah Valley Fire Authority responded to the incident, and was successful in putting the fire out. However, significant smoke and water damage occurred, as well as structural damage to the building. West Coast Fire and Water was contacted and was able to respond in a timely manner to assess the fire, smoke and water damage. They were able to secure the building and cover exposed areas to prevent additional water intrusion from the impending precipitation. The City Purchasing, Risk Management, and Electric Departments worked with McLarens, the Claims Adjuster for the City's self-insured liability Program through its membership in the California Intergovernmental Risk Authority (CIRA), and West Coast Water and Fire to develop a Scope of Work and Contract for the remediation of the fire, water, and smoke damage. Please see Attachment 1 for a copy of the agreement. There are no expected costs to the City at the time, as the City opted to review all invoices and provide authority to McLarens to pay West Coast directly. The City, however, executed a contract with West Coast Fire and Water to complete the Scope of Work. The initial cost estimate for this remediation was over $200,000. The scope of work that is being performed under this contract falls under the definition of "public project", as it involves demolition and repair work involving a publicly owned facility. The City Manager, under his authority, authorized proceeding with the work as an emergency, since the event was sudden and unexpected, and required immediate action for the protection of City (public) property. Due to structural issues, and immediate mold growth, time was of the Page 183 of 296 Page 2 of 2 essence, and bidding for this work as per the normal requirements of the California Uniform Cost Accounting Act, was not an option. Under these circumstances, public bidding is excused. At their Council meeting on April 5, 2023, the Council initially received the report regarding this contract, and approved by a four-fifths vote for the work to continue under these emergency circumstances. Discussion: As of Friday, April 7, 2023, the remediation work on the structure was completed. After two rounds of cleaning the electronics, all items have been returned and appear to be in working order. The City has a two-year warranty period should there be additional issues with the equipment. As part of the assessment of damages, McLarens required an independent estimate of damage to restore the building to pre-fire condition. This was required to evaluate the estimate provided by the City's structural engineering consultant and architect. On September 5, 2023, the City received an estimate of $471,488.51 for the building repairs. This estimate does not include the cost of the remediation performed by West Coast Fire and Water, electronics cleaning, or reimbursement for the contents of the building. Staff will continue to work with West Coast Fire and Water and the insurance provider to wrap up these items. Staff is requesting the Council's approval to continue using the emergency contract. Recommended Action: Receive a status report, and approve the continued work on the emergency contract with West Coast Fire & Water for Fire Remediation Work at the Electric Utility Service Center at Hastings. BUDGET AMENDMENT REQUIRED: N/A CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: Insurance Proceeds PREVIOUS CONTRACT/PURCHASE ORDER NO.: 2223-177 COORDINATED WITH: Cindy Sauers, Electric Utility Director, Sheri Mannion, HR & Risk Management Director and Dave Rapport, City Attorney DIVERSITY-EQUITY INITIATIVES (DEI): CLIMATE INITIATIVES (CI): GENERAL PLAN ELEMENTS (GP): Page 184 of 296 COU 2223 177 1 SHORTFORMCONSTRUCTIONCONTRACT ThisAgreementismadeandenteredon March 13, 2023,in Ukiah,California,by and between Bridges Restoration LLC,dba West Coast Fire Water,a limited liability company Contractor")and the City of Ukiah City"),a general law municipal corporation. RECITALS: 1.TheplansandspecificationsforthisworktheWork")arecontained in Exhibit A,which is attached hereto and incorporated herein by this reference. 2.Contractorisproperlylicensedandqualifiedtoperformthework. 3.WheneverthisAgreementcallsforCityapprovalornotification,the approval or notification must be signed by the City Manager or his or her designee. AGREEMENT: Wherefore,inconsiderationoftheforegoing facts and the terms and conditions as further stated herein,the parties hereby agree as follows. 1. PERFORMANCE OF THE WORK ContractorwillperformtheWorkasfurther provided herein. 1.1TimeofPerformance.Time is of the essence,and the Contractor shall commence the work as soon as possible following the issuance of a Notice to Proceed”. 1.1.1.N/Acheckifapplicable]It is agreed by the parties to the contract that time is of the essence and that,in case all the work is not completed before or upon the expiration of the time limit as set forth,damage,other than those cost items identified in section 1.1.2,will be sustained by the City and that it is and will be impracticable to determine the actual amount of damage by reason of such delay;and it is therefore agreed that,subject to Sections 1.13 1.14, below,the Contractor will pay to the City the sum of five hundred dollars 500.00)per day for each and every calendar day's delay beyond the time prescribed. 1.1.2N/Acheckifapplicable]In case the work called for under this contract is not completed within the time limit stipulated herein,the City shall have the right as provided hereinabove,to extend the time of completion thereof.If the time limit be so extended,the City shall have the right to charge to the Contractor and to deduct from the final payment for the work the actual cost to the City of engineering,inspection,superintendence and other overhead expenses which are directly chargeable to the contract and which accrue during the ATTACHMENT 1 Page 185 of 296 COU 2223 177 2 period of such extension,except that the cost of final unavoidable delays shall not be included in such charges. 1.2ConstructionofContractDocuments.Contractor will perform the Work in compliance with the plans and specifications set forth in the attached Exhibit A.If there is any inconsistency or conflict between the plans and the specifications,the specifications will prevail.If there is any inconsistency between the plans and the specifications and this agreement,the terms of this Agreement shall prevail,unless expressly stated otherwise in a particular specification. 1.3Contractorfurnisheditems.Contractor will furnish all necessary labor,materials,tools, equipment,and transportation necessary to perform the Work. 1.4 SB 854 requirements 1.4.1 No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 1.4.2 No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 1.4.3 This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 1.4.4 The Labor Commissioner through the Division of Labor Standards Enforcement DLSE)may at any time require contractors and subcontractors to furnish electronic certified payroll records directly to DLSE.All contractors and subcontractors must furnish electronic certified payroll records directly to the DLSE. 1.4.5 The Prime Contractor is required to post job notices at the job site as prescribed by regulations currently,8 CCR 16451(d).) 1.5 Use of Employees. 1.5.1.Contractorandanysubcontractorsshallpayallmechanicsand laborers employed by them to work upon the site of the work unconditionally and without subsequent deductions or rebate on any account the full amounts due at the time of payment at wage rates not less than those contained in the applicable prevailing wage determination,regardless of any contractual relationship which may be alleged to exist between the Contractor and subcontractors and such laborers and mechanics. 1.5.2.ContractorshallcomplywiththeCaliforniaLaborCodeSection 1775.In accordance with said Section 1775,Contractor shall forfeit as a penalty to the City,50.00 for each calendar day or portion thereof,for each workman paid less than the stipulated prevailing Page 186 of 296 COU 2223 177 3 rates for such work or craft in which such workman is employed for any work done under the Contract by him or her or by any subcontractor under him or her in violation of the provisions of the Labor Code and in particular,Labor Code Sections 1770 to 1780,inclusive.In addition to said penalty and pursuant to Section 1775,the difference between such stipulated prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less than the stipulated prevailing wage rate shall be paid to each workman by the Contractor. 1.5.3.Pursuant to the provision of Section 1770 of the Labor Code of the State of California,City has ascertained the general prevailing rate of wages which rate includes employer payments for health and welfare,vacation,pension and similar purposes)applicable to the work to be done,for straight time work.The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification,or type of workers concerned.Copies of the General Prevailing Wage Determination are on file in the office of the City Engineer and are available to the Contractor on request.The Contractor shall post the wage determination at the site of work in a prominent place where the workers can easily see it. 1.5.4.Citywillnotrecognizeanyclaim for additional compensation because the Contractor has paid any rate in excess of the prevailing wage rate obtained from the City Engineer. The possibility of wage increases is one of the elements to be considered by the Contractor in determining his or her bid and will not in any circumstances be considered as the basis for a claim against the City. 1.5.5.TravelandSubsistence Payments. Contractorshallmaketravelandsubsistence payments to each worker needed to execute the work in accordance with the requirements in Section 1773.8 of the Labor Code Chapter 880,Statutes of 1968). 1.5.6.Apprentices. Attentionisdirectedtotheprovisions in Sections 1777.5 Chapter 1411,Statutes of 1968)and 1777.6 of the California Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him.Contractor and any subcontractor under him or her shall comply with the requirements of said sections in the employment of apprentices. Information relative to apprenticeship standards,wage schedules and other requirements may be obtained from the Director of Industrial Relations,ex officio the Administrator of Apprenticeship,San Francisco,California,or from the Division of Apprenticeship Standards and its branch offices. Page 187 of 296 COU 2223 177 4 Copies of Labor Code Sections 1771 requiring prevailing wages),1775 imposing penalties,including a 50 per day,per worker forfeiture,for failure to pay prevailing wages),1776 requiring contractor to maintain available for inspection certified payroll records),1777.5 requiring certain apprenticeship programs),1813 imposing penalties for failure to make records available for inspection)and 1815 requiring time and for overtime)are available at the Department of Industrial Relations website at http://www.dir.ca.gov/ 1.6CITYInspector.CITY may designate an architect,engineer,other design professional or other inspector Inspector")to supervise and/or inspect Contractor's performance of the Work. The Inspector shall have no authority to change the Work,the compensation for performing the Work or the time for completing the Work without City's prior written approval.City shall notify the Contractor in writing,if it designates an Inspector. 1.7SiteConditions.Contractor acknowledges that it has inspected the work site and any improvements involving the Work and satisfied itself as to the conditions which can affect the Work or its cost.Contractor has not relied on any representation by CITY or its officers or employees as to the condition of the site or the houses or any condition that might affect the cost of performing this Agreement. 1.8NewProductsRequired.All equipment,materials or fixtures furnished by Contractor under this Agreement shall be new and of the most suitable grade for the intended purpose,unless otherwise specifically provided. 1.9CompliancewithLaws.The Contractor shall give all notices and comply with all applicable laws,ordinances,codes,rules and regulations.The Contractor shall secure and pay for all permits,fees,and licenses necessary for the proper execution and completion of the work. 1.10ProtectionofSiteandImprovements.The Contractor shall preserve and protect the site,grounds and any involved improvements and shall not alter or damage any portion thereof, except as is absolutely necessary in order to perform the Work.The Contractor shall repair or replace,as directed by CITY,any property that it damages,looses or destroys in violation of this paragraph.Contractor shall assume full responsibility for maintaining the safety of the worksite in compliance with all applicable state and federal worker safety and protection laws and shall maintain the worksite in compliance with all such laws. 1.11InspectionofWork.The Contractor shall ensure that the Work is available for inspection by CITY or its Inspector at all reasonable times and that no work is covered up or rendered incapable of inspection without prior notice to CITY or its Inspector and a reasonable opportunity for inspection.The presence or absence of an CITY inspector or the conduct of an inspection by CITY or its Inspector shall not relieve the Contractor from any contract requirement or compliance with Exhibit A. Page 188 of 296 COU 2223 177 5 1.12Title.The Contractor warrants that it conveys full and complete title,free of all liens and encumbrances,to all materials,supplies,fixtures and equipment furnished to CITY under this Agreement and agrees to fully defend and indemnify CITY,its officers and employees,and the houses and homebuyers included in the Work from and against any claim,lien,charge,debt,cost, expense or liability arising from a breach of said warranty. 1.13Warranties.N/A]In addition to any other warranties in this contract,the Contractor warrants that the Work conforms to the contract requirements and is free of any defect in equipment,material or workmanship for a period of one year from the date of final acceptance of the Work by CITY.If CITY accepts any part of the Work before final acceptance of the entire Work, the warranty shall continue for the period of one year from the date of such partial acceptance.The Contractor shall remedy,at the Contractor's expense,any failure to conform,or any defect.Initial if following sentence applies CITY shall retain N/A%of the Contract Amount to secure the Contractor's warranty and shall remit the unused portion of that amount at the end of the warranty period.The time limit of this warranty shall not apply to any latent defects,or gross negligence or fraud on the part of the Contractor. 1.14.ExtensionofTime. Should any delays occur which the City may consider unavoidable,as herein defined,the Contractor shall,pursuant to his or her application,be allowed an extension of time proportional to said delay or delays,beyond the time herein set forth,in which to complete this contract;and liquidated damages for delay shall not be charged against the Contractor by the City during an extension of time granted because of unavoidable delay or delays. Any claim by Contractor for a time extension based on unavoidable delays shall be based on written notice delivered to the City within 15 days of the occurrence of the event giving rise to the claim. Failure to file said written notice within the time specified shall constitute a waiver of said claim. Notice of the full extent of the claim and all supporting data must be delivered to the City within 45 days of the occurrence unless the City specifies in writing a longer period.All claims for a time extension must be approved by the City and incorporated into a written change order. 1.15.UnfavorableWeatherandOther Conditions. During unfavorable weather and other conditions,the Contractor shall pursue only such portions of the work as shall not be damaged thereby.No portions of the work whose satisfactory quality or efficiency will be affected by any unfavorable conditions shall be constructed while these conditions remain,unless,by special means or precautions approved by the City,the Contractor shall be able to overcome them. The Contractor shall be granted a time extension of one day for each unfavorable weather day that prevents him or her from placing concrete forms or placing and finishing concrete or asphalt Page 189 of 296 COU 2223 177 6 concrete.Such unfavorable weather day is defined as a rain day where precipitation prevents the contractor from performing the work more than four 4)continuous hours within the authorized work period or a temperature day where the ambient temperature is below that specified for the placement of materials associated with the controlling work item for more than four 4)continuous work hours of the authorized work period. 1.16.Saturday,Sunday,Holiday and Night Work. No work shall be done between the hours of 6 p.m.and 7 a.m.,nor on Saturdays,Sundays or legal holidays except such work as is necessary for the proper care and protection of work already performed,or except in cases of absolute necessity and in any case only with the permission of the City. It is understood,however,that night work may be established as a regular procedure by the Contractor if he or she first obtains the written permission of the City and that such permission may be revoked at any time by the City if the Contractor fails to maintain at night adequate force and equipment for reasonable prosecution and to justify inspection of the work. 1.17.HoursofLabor. Eight 8)hours of labor shall constitute a legal day's work and the Contractor or any subcontractor shall not require or permit more than eight hours of labor in a day from any person employed by him or her in the performance of the work under this contract,unless paying compensation for all hours worked in excess of eight 8)hours per day at not less than 1 times the basic rate of pay. The Contractor shall forfeit to the City,as a penalty,the sum of twenty five dollars 25.00)for each workman employed in the execution of the contract by him or her or by any subcontractor,for each calendar day during which such laborer,workman,or mechanic is required or permitted to labor more than eight hours in violation of the provisions of Section 1810 to 1816,inclusive,Article 3, Chapter 1,Part 7,Division 2)of the Labor Code of the State of California and any acts amendatory thereof. 2.CONTRACT PRICE The Contractor will be paid for performance of this Agreement time and materials plus subcontractors will be added as invoice plus 20%per rate sheet provided as Exhibit B. 3.PAYMENT OF CONTRACT PRICE 3.1 City authorizes McLarens to pay Contractor solely and directly for the completed work performed pursuant to this contract.All payments under this contract shall be made upon the presentation of certificates in writing to the City and shall show that the work covered by the payments has been done and the payments thereof are due in accordance with this contract.Within fifteen days of the City’s receipt of the certificate of payment,City shall review and forward Page 190 of 296 COU 2223 177 7 authorization for payment to McLarens for its review,approval,and payment to the Contractor. If,for any reason,Customer receives a check from Insurance Company made payable to Customer, Customer agrees to pay West Coast Fire and Water immediately upon receipt of the check.In order to expedite payment to Contractor,Customer hereby appoints Contractor as attorney in fact, authorizing Contractor to endorse Customer’s name on Insurance Company checks or drafts,and to deposit insurance checks for the services provided in the amount invoiced. 4.INDEMNIFICATION AND INSURANCE. 4.1Indemnification.The Contractor shall do all of the work and furnish all labor, materials,tools and appliances,except as otherwise herein expressly stipulated,necessary or proper for performing and completing the work herein required in the manner and within the time herein specified.The mention of any specific duty or liability imposed upon the Contractor shall not be construed as a limitation or restriction of any general liability or duty imposed upon the Contractor by this contract,said reference to any specific duty or liability being made herein merely for the purpose of explanation. The right of general supervision by the City shall not make the Contractor an agent of the City and the liability of the Contractor for all damages to persons or to public or private property,arising from the Contractor's execution of the work,shall not be lessened because of such general supervision. Until the completion and final acceptance by the City of all the work under and implied by this contract,the work shall be under the Contractor's responsible care and charge.The Contractor shall rebuild,repair,restore and make good all injuries,damages,re erections and repairs,occasioned or rendered necessary by causes of any nature whatsoever,excepting only acts of God and none other, to all or any portions of the work,except as otherwise stipulated. To the fullest extent permitted by law,Contractor shall indemnify and hold harmless the City and its officers,directors,agents,and employees from and against all claims,damages,losses and expenses including but not limited to attorneys'fees,costs of suit,expert witness fees and expenses and fees and costs of any necessary private investigators arising out of or resulting from the performance of the work,provided that any such claim,damage,loss or expense 1)is attributable to bodily injury, sickness,disease or death,or to injury to or destruction of tangible property,other than the work itself,including the loss of use resulting therefrom and 2)is caused in whole or in part by any act or omission of the Contractor,any subcontractor,or anyone directly or indirectly employed by any of them,or anyone for whose acts any of them may be liable,regardless of whether or not it is caused in part by a party indemnified hereunder,or by the negligence or omission of a party indemnified herein. In any and all claims against the City or any of its agents or employees by any employee of the Page 191 of 296 COU 2223 177 8 Contractor,any subcontractor,anyone directly or indirectly employed by any of them,or anyone for whose acts any of them may be liable,the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages,compensation or benefits payable by or for the Contractor or any subcontractor under workers'or workmen's compensation acts,disability benefit acts,or other employee benefit acts.The obligation to indemnify shall extend to and include acts of the indemnified party which may be negligent or omissions which may cause negligence. The City shall have the right to estimate the amount of such damage and to cause the City to pay the same and the amount so paid for such damage shall be deducted from the money due the Contractor under this contract;or the whole or so much of the money due or to become due the Contractor under this contract as may be considered necessary by the City,shall be retained by the City until such suits or claims for damages shall have been settled or otherwise disposed of and satisfactory evidence to that effect furnished to the City. 4.2Insurance.Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor,his agents,representatives,employees or subcontractors. 4.2.1.MinimumScopeof Insurance Coverageshallbeatleastasbroadas: A. Insurance Services Office Commercial General Liability coverage Form No.CG 20 10 10 01 and Commercial General Liability Completed Operations Form No.CG 20 37 10 01). B. Insurance Services Office form number CA 0001 Ed.1/87)covering Automobile Liability,code 1 any auto). C. Worker’s Compensation insurance as required by the State of California and Employer’s Liability Insurance. 4.2.2.MinimumLimitsofInsurance Contractor shall maintain limits no less than: A. General Liability:1,000,000 per occurrence for bodily injury,personal injury and property damage including operations,products and completed operations.If Commercial General Liability Insurance or other form with a general aggregate limit is used,either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.Insurance must be written on an occurrence Page 192 of 296 COU 2223 177 9 basis. B. Automobile Liability:1,000,000 per accident for bodily injury and property damage.Insurance must be written on an occurrence basis. C. Worker’s Compensation Employer’s Liability:1,000,000 per accident for bodily injury or disease. 4.2.3.DeductiblesandSelfinsuredRetentions Any deductibles or self insured retentions must be declared to and approved by the City.The City may require the insurer to reduce or eliminate such deductibles or self insured retentions with respect to the City,its officers,officials,employees and volunteers;or the Contractor to provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations,claim administration and defense expenses;or to approve the deductible without a guarantee. 4.2.4.REQUIRED Insurance Provisions Proof of general liability and automobile liability policies are to contain,or be endorsed to contain,the following provisions: A.The City,its officers,officials,employees,and volunteers are to be covered as ADDITIONAL INSURED with respect to liability arising out of automobiles owned,leased, hired or borrowed by or on behalf of the contractor;and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment,furnished in connection with such work or operations.General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance,or as a separate owner’s policy. B.The workers’compensation policy is to be endorsed with a waiver of subrogation. The insurance company,in its endorsement,agrees to waive all rights of subrogation against the City,its officers,officials,employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City.NOTE:You cannot be added as an additional insured on a workers’compensation policy. C.For any claims related to this project,the Contractor’s insurance coverage shall be primary insurance with respect to the City,its officers,officials,employees,and volunteers.Any insurance or self insurance maintained by the City,its officers,officials, employees,or volunteers shall be in excess of the Contractor’s insurance and shall not contribute with it. Page 193 of 296 COU 2223 177 10 D.Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party,except after thirty 30)days’prior written notice by certified mail,return receipt requested,has been given to the City. E.Note:This protects the Contractor)Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision b)of Section 2782 of Civil Code. 5.TERMINATION. ThisAgreementmayonlybeterminatedbyCity:1)forbreachoftheagreement;2)because funds are no longer available to pay Contractor for services provided under this Agreement;or 3) City has abandoned and does not wish to complete the project for which Contractor was retained. City shall notify Contractor of any alleged breach of the agreement and of the action required to cure the breach.If Contractor fails to cure the breach within the time specified in the notice,the contract shall be terminated as of that time.If terminated for lack of funds or abandonment of the project,the contract shall terminate on the date notice of termination is given to Contractor.City shall pay the Contractor only for services performed and expenses incurred as of the effective termination date,unless terminated because the Contractor has failed to satisfactorily cure a breach after notice in which event City shall: a.retainanyamountsearnedundertheContractbutnotyetpaidby City; b.takepossessionofallmaterialand fixtures on the job site; c.havetherighttocompletetheWorkandrecoverfromContractorany increased cost to complete the Work above the amounts that would have been paid to Contractor hereunder, together with any other damages suffered by City as a result of said breach. 6.MODIFICATION OF AGREEMENT. Citymay,fromtimetotime,requestchangesintheWork,thetimeto complete the work or the compensation to be paid for the Work.Such changes must be incorporated in written amendments to this Agreement.To be effective,all such changes as referred to in this section must be agreed upon in writing by both parties to this agreement. 7.ASSIGNMENT. TheContractorshallnotassignanyinterestinthisAgreement,and shall not transfer any Page 194 of 296 COU 2223 177 11 interest in the same whether by assignment or novation),without the prior written consent of City. 8.APPLICATION OF LAWS. ThepartiesherebyagreethatallapplicableFederal,Stateandlocal rules,regulations and guidelines not written into this Agreement shall hereby prevail during the period of this Agreement. 9.INDEPENDENT CONTRACTOR. ItistheexpressintentionofthepartiesheretothatContractorisan independent contractor and not an employee,joint venturer,or partner of City for any purpose whatsoever.City shall have no right to,and shall not control the manner or prescribe the method of accomplishing those services contracted to and performed by Contractor under this Agreement,and the general public and all governmental agencies regulating such activity shall be so informed. ThoseprovisionsofthisAgreementthat reserve ultimate authority in City have been inserted solely to achieve compliance with federal and state laws,rules,regulations,and in terpretations thereof.No such provisions and no other provisions of this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Contractor and City. Contractorshallpayallestimatedand actual federal and state income and self employment taxes that are due the state and federal government and shall furnish and pay worker's compensa tion insurance,unemployment insurance and any other benefits required by law for himself and his employees,if any.Contractor agrees to indemnify and hold City and its officers,agents and employees harmless from and against any claims or demands by federal,state or local government agencies for any such taxes or benefits due but not paid by Contractor,including the legal costs associated with defending against any audit,claim,demand or law suit. Contractorwarrantsandrepresentsthatitisaproperlylicensedfor the work performed under this Agreement with a substantial investment in its business and that it maintains its own offices and staff which it will use in performing under this Agreement. 10.GOVERNING LAW. ThisAgreementshallbegovernedbyandconstruedinaccordancewiththe laws of the State of California and any legal action concerning the agreement must be filed and litigated in the proper court in Mendocino County,each party consenting to jurisdiction and venue of California state courts in Mendocino County. Page 195 of 296 COU 2223 177 12 11. SEVERABILITY. IfanyprovisionoftheAgreementisheld by a court of competent jurisdiction to be invalid, void,or unenforceable,the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 12. INTEGRATION. ThisAgreement,includingtheexhibits attached hereto,contains the entire agreement among the parties and supersedes all prior and contemporaneous oral and written agreements, understandings,and representations among the parties.No amendments to this Agreement shall be binding unless executed in writing by all of the parties. 13. WAIVER. NowaiverofanyoftheprovisionsofthisAgreementshallbedeemed,or shall constitute a waiver of any other provision,nor shall any waiver constitute a continuing waiver.No waiver shall be binding unless executed in writing by the party making the waiver. 14. NOTICES. Whenevernotice,paymentorothercommunication is required or permitted under this Agreement,it shall be deemed to have been given when personally delivered,emailed,or deposited in the United States mail with proper first class postage affixed thereto and addressed as follows: CONTRACTOR CITY Bridges Restoration,LLC City of Ukiah dba West Coast Fire Water 5846 Live Oak Drive 300 Seminary Ave. Kelseyville,CA 95451 Ukiah,CA.95482 Email:lmartinez@westcoastfireandwater.com Email:puchasing@cityofukiah.com Either party may change the address to which notices must be sent by providing notice of that change as provided in this paragraph. 15. PARAGRAPH HEADINGS. Theparagraphheadingscontainedhereinareforconvenienceandreference only and are not intended to define or limit the scope of this agreement. Page 196 of 296 COU 2223 177 13 16. EXECUTION OF AGREEMENT. ThisAgreementmaybeexecutedinduplicateoriginals,eachbearingthe original signature of the parties.Alternatively,this Agreement may be executed and delivered by facsimile or other electronic transmission,and in more than one counterpart,each of which shall be deemed an original,and all of which together shall constitute one and the same instrument. When executed using either alternative,the executed agreement shall be deemed an original admissible as evidence in any administrative or judicial proceeding to prove the terms and content of this Agreement. WHEREFORE,thepartieshaveenteredthis Agreement on the date first written above. CONTRACTOR CITYOFUKIAH By:By: LeonardoMartinez SageSangiacomo DirectorofLargeLoss CityManager California Contractor's License Number:1036250 Department of Industrial Relations Registration Number:1000040614 German Page 197 of 296 COU 2223 177 14 EXHIBIT A SCOPE The work is for any and all necessary cleaning and/or restoration services at 1350 Hastings Road, Ukiah,California,that are eligible expenses covered under Claim Number 002 059250 00.Q as approved by McLarens Insurance and the City of Ukiah.Any expenses not pre approved by McLarens Insurance and the City of Ukiah will be the sole responsibility of West Coast Fire and Water. Page 198 of 296 1 West Coast Fire and Water 5846 Live Oak Dr. #1 Kelseyville, Ca 95451 Phone: 1(888)617-3786 Fax: 1(888)411-9985 Federal Employer Identification Number #90-0725162 service@westcoastfireandwater.com Insured: City of Ukiah Home: (707) 463-6233 Property: 1350 Hastings Rd Ukiah, CA 95482 Estimator: Leo Martinez Business: (707) 245-7017 E-mail: lmartinez@westcoastfireandw ater.com Position: Director Of Large Loss Company: West Coast Fire and Water Business: 3001 South State St #5 Ukiah, CA 95482 Claim Number:Policy Number:Type of Loss:<NONE> Date of Loss:Date Received: Date Inspected:Date Entered: 5/14/2020 9:00 AM Price List: CAUK8X_SEP22 Restoration/Service/Remodel Estimate: T&MPRICING EXHIBIT B Page 199 of 296 2 West Coast Fire and Water 5846 Live Oak Dr. #1 Kelseyville, Ca 95451 Phone: 1(888)617-3786 Fax: 1(888)411-9985 Federal Employer Identification Number #90-0725162 service@westcoastfireandwater.com T&MPRICING 3/24/2023 Page: 2 CODES Main Level REGULAR WAGE (NON PREVAILING) REGULAR WAGE DESCRIPTION QTY UNIT PRICE TOTAL NON PREVAILING WAGE RATE*** 1. Skilled Labor 1.00 HR @ 75.00 =75.00 2. Supervisor 1.00 HR @ 85.00 =85.00 3. Project Manager 1.00 HR @ 100.00 = 100.00 4. Project Manager- large loss 1.00 HR @ 125.00 = 125.00 5. Project Estimator 1.00 HR @ 120.00 = 120.00 6. Skilled Biohazard Technician 1.00 HR @ 120.00 = 120.00 7. Biohazard Supervisor 1.00 HR @ 125.00 = 125.00 8. Health and Safety Officer 1.00 HR @ 75.00 =75.00 9. Admin 1.00 HR @ 40.00 =40.00 Overtime rates will be calculated as rates above x1.5 PREVAILING WAGE DESCRIPTION QTY UNIT PRICE TOTAL PREVAILING WAGE RATES*** 10. Skilled Labor 1.00 HR @ 123.00 = 123.00 11. Supervisor 1.00 HR @ 135.00 = 135.00 12. Project Manager 1.00 HR @ 130.00 = 130.00 13. Project Manager- large loss 1.00 HR @ 140.00 = 140.00 14. Skilled Microbial Remediaton Technician 1.00 HR @ 133.00 = 133.00 15. Microbial Remediation Supervisor 1.00 HR @ 145.00 = 145.00 16. Skilled Biohazard Bloodborne Pathogen Technician 1.00 HR @ 143.00 = 143.00 17. Biohazard Bloodborne Pathogen Supervisor 1.00 HR @ 155.00 = 155.00 18. Health and Safety Officer 1.00 HR @ 140.00 = 140.00 19. Admin 1.00 HR @ 70.00 =70.00 20. Resources Coordinator 1.00 HR @ 100.00 = 100.00 Overtime rates will be calculated as rates above x1.5 MATERIALS Height: 8' Page 200 of 296 3 West Coast Fire and Water 5846 Live Oak Dr. #1 Kelseyville, Ca 95451 Phone: 1(888)617-3786 Fax: 1(888)411-9985 Federal Employer Identification Number #90-0725162 service@westcoastfireandwater.com T&MPRICING 3/24/2023 Page: 3 DESCRIPTION QTY UNIT PRICE TOTAL 21. 4 mil 10X100 1.00 RL @ 140.00 =140.00 22. 4 mil 10X100 (fire resistant)1.00 RL @ 160.00 =160.00 23. 6 mil 10X100 1.00 RL @ 184.00 =184.00 24. 6 mil 10X100 (fire resistant)1.00 RL @ 315.00 =315.00 25. Absorbent 1.00 BG @ 20.00 =20.00 26. Adhesive spray 1.00 EA @ 15.00 =15.00 27. Air Neutralizer 1.00 EA @ 41.00 =41.00 28. Bags clear bags (pack of 50)1.00 BX @ 43.00 =43.00 29. Bags garbage (pack of 32)1.00 BX @ 51.00 =51.00 30. HEPA vac debris bag 1.00 EA @ 30.00 =30.00 31. Bio hazard bags (pack of 50)1.00 BX @ 75.00 =75.00 32. Booties (pair)1.00 EA @ 1.00 =1.00 33. Botanical disinfectant 1.00 GL @ 95.00 =95.00 34. Box Large 4.5 cubic feet 1.00 EA @ 8.00 =8.00 35. Box Medium 3 cubic feet 1.00 EA @ 6.00 =6.00 36. Box Small 1.5 cubic feet 1.00 EA @ 4.00 =4.00 37. Box waredrobe 24X24X34 1.00 EA @ 23.00 =23.00 38. Bubble wrap roll 1.00 RL @ 115.00 =115.00 39. Carpet shield protector 200'1.00 EA @ 114.00 =114.00 40. Chemical sponges 1.00 EA @ 5.00 =5.00 41. Cleaner glass 1.00 EA @ 15.00 =15.00 42. Cleaner heavy duty degreaser 1.00 EA @ 65.00 =65.00 43. Deoderizer for ducting 1.00 GL @ 47.00 =47.00 44. Deoderizer smoke/odor 1.00 GL @ 126.00 =126.00 45. Deoderizer thermal fog 1.00 GL @ 168.00 =168.00 46. Dry Ice 1.00 LB @ 10.00 =10.00 47. Duct sealant 1.00 GL @ 70.00 =70.00 48. Encapsulant smoke/odor 1.00 5G @ 450.00 =450.00 49. Filter carbon 1000/1200 1.00 EA @ 100.00 =100.00 50. Filter carbon 2000 1.00 EA @ 170.00 =170.00 51. Filter carbon 500 1.00 EA @ 70.00 =70.00 52. Filter HEPA 1000/1200 1.00 EA @ 254.00 =254.00 53. Filter HEPA 2000 1.00 EA @ 294.00 =294.00 54. Filter HEPA 500 1.00 EA @ 194.00 =194.00 55. FIlter pad 1000/1200 1.00 EA @ 3.00 =3.00 56. FIlter pad 2000 1.00 EA @ 3.00 =3.00 57. Filter pad 500 1.00 EA @ 3.00 =3.00 58. Filter pleated 2000 1.00 EA @ 20.00 =20.00 59. Filter pleated 500 1.00 EA @ 16.00 =16.00 60. Filter pleated 1000/1200 1.00 EA @ 18.00 =18.00 Page 201 of 296 4 West Coast Fire and Water 5846 Live Oak Dr. #1 Kelseyville, Ca 95451 Phone: 1(888)617-3786 Fax: 1(888)411-9985 Federal Employer Identification Number #90-0725162 service@westcoastfireandwater.com T&MPRICING 3/24/2023 Page: 4 CONTINUED - MATERIALS DESCRIPTION QTY UNIT PRICE TOTAL 61. Filter respirator (pair)1.00 EA @ 24.00 =24.00 62. Filter respirator odor (pair)1.00 EA @ 66.00 =66.00 63. Floor scraper blades 1.00 EA @ 2.00 =2.00 64. Furniture blanket 1.00 DA @ 2.00 =2.00 65. Furniture blocks 1.00 BX @ 81.00 =81.00 66. Gloves disposable 1.00 BX @ 18.00 =18.00 67. Lay flat 12"x500'1.00 LF @ 1.00 =1.00 68. Lay flat 18"x500'1.00 LF @ 1.25 =1.25 69. Lay flat 22"x500'1.00 LF @ 1.50 =1.50 70. Lay flat 24"x500'1.00 LF @ 1.75 =1.75 71. Lay flat 30"x500'1.00 LF @ 2.00 =2.00 72. Mop/mop head/bucket combo 1.00 EA @ 25.00 =25.00 73. N-95 1.00 EA @ 5.00 =5.00 74. Paint remover 1.00 GL @ 78.00 =78.00 75. Paint plastic 10x100 2 mil 1.00 RL @ 48.00 =48.00 76. Furniture polish 1.00 EA @ 23.00 =23.00 77. Stainless steel polish 1.00 EA @ 14.00 =14.00 78. Poly hanger T clips 1.00 EA @ 8.00 =8.00 79. Rags white (60 pack)1.00 BX @ 100.00 =100.00 80. Ramboard 38" wide 100'1.00 RL @ 205.00 =205.00 81. Sand bag (filled)1.00 EA @ 40.00 =40.00 82. Saw zawzall blades (metal)1.00 EA @ 4.00 =4.00 83. Saw zawzall blade (wood)1.00 EA @ 5.00 =5.00 84. Scouring sponges (yellow or green)1.00 EA @ 3.00 =3.00 85. Shrink wrap 1.00 RL @ 66.00 =66.00 86. Tacky mat (set of 25)1.00 EA @ 120.00 =120.00 87. Caution tape 1.00 RL @ 34.00 =34.00 88. Duct tape 1.00 RL @ 17.00 =17.00 89. Packaging tape 1.00 RL @ 12.00 =12.00 90. Painters tape 2"1.00 RL @ 20.00 =20.00 91. Painters tape 3"1.00 RL @ 28.00 =28.00 92. Tyvek suits (blue)1.00 EA @ 22.00 =22.00 93. Tyvek suits (white)1.00 EA @ 20.00 =20.00 94. Tyvek suits (yellow)1.00 EA @ 24.00 =24.00 Page 202 of 296 5 West Coast Fire and Water 5846 Live Oak Dr. #1 Kelseyville, Ca 95451 Phone: 1(888)617-3786 Fax: 1(888)411-9985 Federal Employer Identification Number #90-0725162 service@westcoastfireandwater.com T&MPRICING 3/24/2023 Page: 5 CONTINUED - MATERIALS DESCRIPTION QTY UNIT PRICE TOTAL 95. Water case (24 pack)1.00 EA @ 24.00 =24.00 96. Zipper (2 pack)1.00 EA @ 30.00 =30.00 97. Cleaner simple green 1.00 EA @ 43.00 =43.00 SMALL TOOLS FEE OF 3% WILL BE APPLIED TO INVOICE ON LABOR ONLY** EQUIPMENT DESCRIPTION QTY UNIT PRICE TOTAL 98. Air compressor 1.00 DA @ 100.00 = 100.00 99. Air mover 1.00 DA @ 30.00 =30.00 100. Air scrubber 1000/1200 CFM 1.00 DA @ 125.00 = 125.00 101. Air scrubber 2000 CFM 1.00 DA @ 150.00 = 150.00 102. Air scrubber 500 CFM 1.00 DA @ 80.00 =80.00 103. Airless spray 1.00 DA @ 165.00 = 165.00 104. Dehumidifer large 110-159 PPD 1.00 DA @ 175.00 = 175.00 105. Dehumidifer medium 70-109 PPD 1.00 DA @ 150.00 = 150.00 106. Dehumidifer small 69 PPD 1.00 DA @ 120.00 = 120.00 107. Desiccant dehumidifer 1,000-2,500 CFM 1.00 DA @ 710.00 = 710.00 108. Desiccant dehumidifer 10,000 CFM 1.00 DA @ 2,400.00 = 2,400.00 109. Desiccant dehumidifer 15,000 CFM 1.00 DA @ 3,350.00 = 3,350.00 110. Desiccant dehumidifer 3,000-4,000 CFM 1.00 DA @ 1,200.00 = 1,200.00 111. Desiccant dehumidifer 5000 CFM 1.00 DA @ 1,500.00 = 1,500.00 112. Desiccant dehumidifer 7,500 CFM 1.00 DA @ 2,000.00 = 2,000.00 113. Dolly 1.00 DA @ 22.00 =22.00 114. Dry ice blasting machine 1.00 DA @ 650.00 = 650.00 115. Extractor- portable 1.00 DA @ 140.00 = 140.00 116. Extractor- truck mount 1.00 DA @ 525.00 = 525.00 117. Generator 10 KW 1.00 DA @ 125.00 = 125.00 118. Generator 100 KW 1.00 DA @ 950.00 = 950.00 119. Generator 150 KW 1.00 DA @ 1,100.00 = 1,100.00 120. Generator 175 KW 1.00 DA @ 1,250.00 = 1,250.00 121. Generator 200 KW 1.00 DA @ 1,300.00 = 1,300.00 Page 203 of 296 6 West Coast Fire and Water 5846 Live Oak Dr. #1 Kelseyville, Ca 95451 Phone: 1(888)617-3786 Fax: 1(888)411-9985 Federal Employer Identification Number #90-0725162 service@westcoastfireandwater.com T&MPRICING 3/24/2023 Page: 6 CONTINUED - EQUIPMENT DESCRIPTION QTY UNIT PRICE TOTAL 122. Generator 250 KW 1.00 DA @ 1,450.00 =1,450.00 123. Generator 30 KW 1.00 DA @ 370.00 =370.00 124. Generator 300 KW 1.00 DA @ 1,650.00 =1,650.00 125. Generator 400 KW 1.00 DA @ 2,450.00 =2,450.00 126. Generator 5 KW 1.00 DA @ 95.00 =95.00 127. Generator 50 KW 1.00 DA @ 600.00 =600.00 128. Generator 75 KW 1.00 DA @ 750.00 =750.00 129. Hydroxyl generator 1.00 DA @ 300.00 =300.00 130. Moisture meter 1.00 DA @ 75.00 =75.00 131. Ozone generator 1.00 DA @ 300.00 =300.00 132. Passenger van 1.00 DA @ 195.00 =195.00 133. Pick up tuck 1.00 DA @ 205.00 =205.00 134. PPE harness and lanyard 1.00 DA @ 30.00 =30.00 135. Pressure washer 1.00 DA @ 150.00 =150.00 136. Respirator full face 1.00 DA @ 12.00 =12.00 137. Respirator half face 1.00 DA @ 42.00 =42.00 138. Scaffolding 1.00 EA @ 45.00 =45.00 139. Spider box 1.00 DA @ 72.00 =72.00 140. Spider box cables 100'1.00 DA @ 62.00 =62.00 141. Thermal camera 1.00 DA @ 175.00 =175.00 142. Thermohygrometer 1.00 DA @ 70.00 =70.00 143. Vaccum back pack 1.00 DA @ 95.00 =95.00 144. Vaccum HEPA turtle 1.00 DA @ 95.00 =95.00 145. Work light temporary lighting 1.00 DA @ 20.00 =20.00 146. Workstation (table, chair)1.00 DA @ 50.00 =50.00 VEHICLES DESCRIPTION QTY UNIT PRICE TOTAL 147. Box truck small 1.00 DA @ 340.00 =340.00 148. Box truck medium 1.00 DA @ 415.00 =415.00 149. Box truck large 1.00 DA @ 510.00 =510.00 Page 204 of 296 7 West Coast Fire and Water 5846 Live Oak Dr. #1 Kelseyville, Ca 95451 Phone: 1(888)617-3786 Fax: 1(888)411-9985 Federal Employer Identification Number #90-0725162 service@westcoastfireandwater.com T&MPRICING 3/24/2023 Page: 7 CONTINUED - VEHICLES DESCRIPTION QTY UNIT PRICE TOTAL 150. Cargo van 1.00 DA @ 250.00 =250.00 151. Dump truck (does not include dump fees)1.00 DA @ 600.00 =600.00 152. Dump trailer (does not include dump fees)1.00 DA @ 120.00 =120.00 153. Catastrophe trailer 1.00 DA @ 600.00 =600.00 Grand Total Areas: 384.00 SF Walls 144.00 SF Ceiling SF Walls andCeiling528.00 144.00 SF Floor 16.00 SY Flooring 48.00 LF Floor Perimeter 0.00 SF Long Wall 0.00 SF Short Wall 48.00 LF Ceil. Perimeter 144.00 Floor Area 160.44 Total Area 384.00 Interior Wall Area 456.00 Exterior Wall Area 50.67 Exterior Perimeter of Walls 0.00 Surface Area 0.00 Number of Squares 0.00 Total Perimeter Length 0.00 Total Ridge Length 0.00 Total Hip Length Coverage Item Total %ACV Total % Dwelling 29,954.00 79.77%29,954.00 79.77% Other Structures 0.00 0.00%0.00 0.00% Contents 7,594.50 20.23%7,594.50 20.23% Total 37,548.50 100.00%37,548.50 100.00% Page 205 of 296 8 West Coast Fire and Water 5846 Live Oak Dr. #1 Kelseyville, Ca 95451 Phone: 1(888)617-3786 Fax: 1(888)411-9985 Federal Employer Identification Number #90-0725162 service@westcoastfireandwater.com T&MPRICING 3/24/2023 Page: 8 Summary for Dwelling Line Item Total 29,954.00 Replacement Cost Value $29,954.00 Net Claim $29,954.00 Leo Martinez Director Of Large Loss Page 206 of 296 9 West Coast Fire and Water 5846 Live Oak Dr. #1 Kelseyville, Ca 95451 Phone: 1(888)617-3786 Fax: 1(888)411-9985 Federal Employer Identification Number #90-0725162 service@westcoastfireandwater.com T&MPRICING 3/24/2023 Page: 9 Summary for Contents Line Item Total 7,594.50 Replacement Cost Value $7,594.50 Net Claim $7,594.50 Leo Martinez Director Of Large Loss Page 207 of 296 10 West Coast Fire and Water 5846 Live Oak Dr. #1 Kelseyville, Ca 95451 Phone: 1(888)617-3786 Fax: 1(888)411-9985 Federal Employer Identification Number #90-0725162 service@westcoastfireandwater.com T&MPRICING 3/24/2023 Page: 10 Recap by Room Estimate: CODES Area: Main Level Area: REGULAR WAGE (NON PREVAILING) REGULAR WAGE 865.00 2.30% Coverage: Dwelling 100.00% =865.00 Area Subtotal: REGULAR WAGE (NON PREVAILING)2.30%865.00 Coverage: Dwelling 100.00% =865.00 PREVAILING WAGE 1,414.00 3.77% Coverage: Dwelling 100.00% =1,414.00 MATERIALS 4,759.50 12.68% Coverage: Contents 100.00% =4,759.50 EQUIPMENT 27,675.00 73.70% Coverage: Dwelling 100.00% =27,675.00 VEHICLES 2,835.00 7.55% Coverage: Contents 100.00% =2,835.00 Area Subtotal: Main Level 100.00%37,548.50 Coverage: Dwelling 79.77% =29,954.00 Coverage: Contents 20.23% =7,594.50 Subtotal of Areas 100.00%37,548.50 Coverage: Dwelling 79.77% =29,954.00 Coverage: Contents 20.23% =7,594.50 Total 37,548.50 100.00% Page 208 of 296 11 West Coast Fire and Water 5846 Live Oak Dr. #1 Kelseyville, Ca 95451 Phone: 1(888)617-3786 Fax: 1(888)411-9985 Federal Employer Identification Number #90-0725162 service@westcoastfireandwater.com T&MPRICING 3/24/2023 Page: 11 Recap by Category Items Total % CONT: PACKING,HANDLNG,STORAGE 2,835.00 7.55% Coverage: Contents @ 100.00% =2,835.00 LABOR ONLY 2,279.00 6.07% Coverage: Dwelling @ 100.00% =2,279.00 USER DEFINED ITEMS 4,759.50 12.68% Coverage: Contents @ 100.00% =4,759.50 WATER EXTRACTION & REMEDIATION 27,675.00 73.70% Coverage: Dwelling @ 100.00% =27,675.00 Subtotal 37,548.50 100.00% Page 209 of 296 12 T&MPRICING 3/24/2023 Page: 12 Main Level MATERIALSMATERIALS Main Level 12' 12' 8" 12 12 8 Page 210 of 296 Page 1 of 2 Agenda Item No: 13.b. MEETING DATE/TIME: 10/4/2023 ITEM NO: 2023-3010 AGENDA SUMMARY REPORT SUBJECT: Adoption of an Ordinance Amending Chapter 4.1 to Division 5 of the Ukiah City Code to Establish Organic Waste Disposal Regulation and Enforcement Requirements per Senate Bill 1383, Short-Lived Climate Pollutants. DEPARTMENT: Public Works PREPARED BY: Seth Strader, Administrative Analyst PRESENTER: Tim Eriksen, Director of Public Works ATTACHMENTS: 1. Ordinance No 1221 to Regulate and Enforce Reduction of Organic Waste Disposal 2. Organic Waste Disposal Reduction Ordinance Self-Haul Amendment Redline 3. Organic Waste Disposal Reduction Ordinance Self-Haul Amendment clean Summary: Council will consider adopting an ordinance amending Chapter 4.1 to Division 5 of the Ukiah City Code to establish organic waste disposal regulation and enforcement requirements per Senate Bill 1383, Short- Lived Climate Pollutants. Background: On February 16, 2022, the Ukiah City Council was presented with a Resolution to comply with the regulatory requirements Senate Bill 1383, Short-Lived Climate Pollutants. On March 2, 2022, City Council introduced an ordinance that provided regulation and enforcement tools to divert and reduce the amount of short-lived climate pollutants. The March 2022 Ordinance is attached here as Attachment 1. Discussion: SB 1383 requires the City to adopt an enforceable ordinance to compel city residents and business owners to recycle their organic waste, comply with other requirements of the regulation. The responsibility for the funding, administrative services and implementation of those goals are put upon the City. Part of the requirements of SB1383 is to implement regulations regarding self-haulers. Self-haulers are defined as someone who hauls solid waste, organic waste or recyclable material generated by another person. A typical self-hauler would be a landscaper who collects green waste like lawn clippings, brush etc from a customer's residence. The original ordinance adopted by the City did not address self-haulers specifically. This amendment to the City Code would define self-haulers and establish regulations and enforcement provisions applicable to self-haulers. See Attachments 2 and 3 for complete revisions, in redlined and clean versions. Council introduced this ordinance by title only at its September 20, 2023, meeting; however, the full Council was not present, so this item is being placed on Unfinished Business as opposed to the Consent Calendar for this final step in the approval/consideration process. Recommended Action: Adopt the Ordinance amending Chapter 4.1 to Division 5 of the Ukiah City Code to establish organic waste disposal regulation and enforcement requirements per Senate Bill 1383, Short-Lived Climate Pollutants. BUDGET AMENDMENT REQUIRED: N/A CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: N/A Page 211 of 296 Page 2 of 2 PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: City Attorney DIVERSITY-EQUITY INITIATIVES (DEI):N/A CLIMATE INITIATIVES (CI): 3a – Continue to lead the way in solid waste diversion including the diversion of compostable food. GENERAL PLAN ELEMENTS (GP):N/A Page 212 of 296 ORDINANCE NO. 1221 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 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 counties 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 41780.01 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 businesses 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., l 3. State organics recycling law,Assembly Bill 1826 of 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, superseded, 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 2016, 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 2016, 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 1 of 18 ATTACHMENT 1 Page 213 of 296 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(111)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 2 of 18 Page 214 of 296 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. 1) "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. m) "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. n) "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. o) "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 Ill 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. p) "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). q) "Food Facility" has the same meaning as in Section 113789 of the Health and Safety Code. Page 3 of 18 Page 215 of 296 r) "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). s) "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). t) "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). u) "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. v) "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). w) "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. x) "Food Waste" means Food Scraps and Food-Soiled Paper.. y) "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. s) "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). Page 4 of 18 Page 216 of 296 aa) "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. bb) "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). cc) "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). dd) "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). ee) "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 islare partially or whole responsible for enforcing this Chapter. See also "Regional or County Agency Enforcement Official". ff) "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. gg) "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. hh) "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). ii) "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. Page 5 of 1$ Page 217 of 296 Nan-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). kk) "Non-Local Entity" means the following entities that are not subject to the Jurisdiction's 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. II) "Non-Organic Recyclables" means non-putrescible and non-hazardous recyclable wastes including but not limited to Mottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43). mm) "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)(48) or further explained in 14 CCR Section 18995.4. nn) "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). oo) "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). pp) "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)_ qq) "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). rr) "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. Page 6 of 18 Page 218 of 296 ss) "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). tt) "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). uu) "Recycled-Content Paper"means Paper Products and Printing and Writing Paper that consists of at least 30 percent,by fiberweight, postconsumer fiber,or as otherwise defined in 14 CCR Section 18982(a)(61). vv) "Regional Agency" means regional agency as defined in Public Resources Code Section 40181. ww) "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. xx) "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). yy) "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). zz) "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). aaa) "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. bbb) "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. ccc) "Single-Family' means of, from, or pertaining to any residential premises with fewer than five (5) units. ddd) "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, Page 7 of 18 Page 219 of 296 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 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. eee) "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. fff) "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). ggg) "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. hhh) "Source Separated Recyclable Materials" means Source Separated Non-Organic Recyclables and Source Separated Blue Container Organic Waste. State" means the State of California. Q) "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). kkk) "Tier One Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one of the following: Page 8of18 Page 220 of 296 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. III) "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. mmm)"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 generators 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). nnn) "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..Sing.le-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 generators 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 Page 9of18 Page 221 of 296 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. 4450.2 Requirements„for.C..o.....m......m......e.....r...c—ial 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. Page 10 of 18 Page 222 of 296 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 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. Q) 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. 1) 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. 4460.3 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 Lange Event to comply with the requirements of this Section, commencing January 1, 2024. Page 11 of 18 Page 223 of 296 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. 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 Govemor 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). Page 12 of 18 Page 224 of 296 U4450.4 Requirements for Food Recovery Organizations and Services v.,,,,,..,,,,,,,,,,,,,, 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. 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 I...... 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. L 3) Obtain approval from the City to haul Organic Waste, unless it is transporting Source Page 13 of 18 Page 225 of 296 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. 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.fi„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 Goverment 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. Page 14 of 18 Page 226 of 296 94450.7 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 misdemeanor or infraction. The City may pursue civil actions in the Califomia 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 Page 15 of 18 Page 227 of 296 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. 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). 0 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. Page 16of18 Page 228 of 296 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 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 Page 17 of 18 Page 229 of 296 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, Duenas, and Mayor Brown NOES: None ABSENT. None ABSTAIN: None Adopted on March 16, 2022, by the following roll call vote: AYES: Councilmembers Orozco, Rodin, Duenas, and Mayor Brown NOES: None ABSENT: Councilmember Crane ABSTAIN_ None Ji . Brown, Mayor ATTEST: a If KAstine Lawler, CMCICity Clerk Page 18 of 18 Page 230 of 296 Page 1 of 13 ORDINANCE NO. XX ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING CHAPTER 4.1 TO DIVISION 5 OF THE UKIAH CITY CODE TO APPLY ORGANIC WASTE DISPOSAL REGULATION AND ENFORCEMENT PROVISIONS TO SELF-HAULERS The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE. Chapter 4.1 is hereby added toof Division 5 of the Ukiah City Code and shallis hereby amended read as follows (unchanged text is omitted and is shown by “* * *”): 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. * * * (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) “Self-Hauler” means a person, who hauls Solid Waste, Organic Waste or recyclable material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting Organic Waste to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).“Single-Family” means of, from, or pertaining to any residential premises with fewer than five (5) units. (dddeee) “Single-Family” means of, from, or pertaining to any residential premises with fewer than five (5) units. (eeefff) “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: Attachment 2 Page 231 of 296 Page 2 of 13 (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 (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. (fffggg) “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. (ggghhh) “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). (hhhiii) “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. (iiijjj) “Source Separated Recyclable Materials” means Source Separated Non-Organic Recyclables and Source Separated Blue Container Organic Waste. (jjjkkk) “State” means the State of California. (kkklll) “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). (lllmmm) “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. Page 232 of 296 Page 3 of 13 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. (mmmnnn) “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. (nnnooo) “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). (oooppp) “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, except Single- Family generators that meet the Self-Hauler requirements in Section 4450.6 of this Chapter: (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 Page 233 of 296 Page 4 of 13 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. §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), except Commercial Businesses that meet the Self-Hauler requirements in Section 4450.6 of this Chapter. (b) Except Commercial Businesses that meet the Self-Hauler requirements in Section 4450.6 of this Chapter,Participate 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, or, if self-hauling, per the Commercial Businesses’ instructions to support its compliance with its self-haul program, in accordance with this Chapter. (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. Page 234 of 296 Page 5 of 13 (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 collection service or, if self-hauling, per the Commercial Businesses’ instructions to support its compliance with its self-haul program, in accordance this Chapter . (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) If a Commercial Business wants to self-haul, meet the Self-Hauler requirements in Section 12 of this ordinance. (ml) 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). (mn) 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: Page 235 of 296 Page 6 of 13 (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. (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 Page 236 of 296 Page 7 of 13 (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. (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. Page 237 of 296 Page 8 of 13 (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. (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. §4450.6 Self-Hauler Requirements (a) Self-Haulers shall source separate all recyclable materials and Organic Waste (materials that Jurisdiction otherwise requires generators to separate for collection in the Jurisdiction’s organics and recycling collection program) generated on-site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3. (b) Self-Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Green Container Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, Self-Haulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility. (c) Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste; this record shall be subject to Inspection by the Jurisdiction. The records shall include the following information: (1) Delivery receipts and weight tickets from the entity accepting the waste. (2) The amount of material in cubic yards or tons transported by the generator to each entity. (3) If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the Self-Hauler’s vehicle in a manner that allows it to determine the weight of materials received, the Self-Hauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste (d) Self-Haulers that are Commercial Businesses (including Multi-Family Self-Haulers) shall provide information collected in subsection (c) above to Jurisdiction if requested. (e) A residential Organic Waste Generator that self-hauls Organic Waste is not required to record or Page 238 of 296 Page 9 of 13 report information in Section 12(c) and (d). Article 3 Investigatory and Enforcement Authority of the City §4450.76 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. §4450.87 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 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 Page 239 of 296 Page 10 of 13 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 4450.76 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. (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: Page 240 of 296 Page 11 of 13 (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 testimony of all competent persons desiring to testify respecting the condition leading to issuance of the citation. Page 241 of 296 Page 12 of 13 (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 TWO. 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 , 2023, by the following roll call vote: AYES: NOES: None ABSENT: None ABSTAIN: None Adopted on , 2023, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Mari Rodin, Mayor ATTEST: Page 242 of 296 Page 13 of 13 Kristine Lawler, CMC/City Clerk Page 243 of 296 Page 1 of 13 ORDINANCE NO. XX ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING CHAPTER 4.1 TO DIVISION 5 OF THE UKIAH CITY CODE TO APPLY ORGANIC WASTE DISPOSAL REGULATION AND ENFORCEMENT PROVISIONS TO SELF-HAULERS The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE. Chapter 4.1 of Division 5 of the Ukiah City Code is hereby amended read as follows (unchanged text is omitted and is shown by “* * *”): 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. * * * (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) “Self-Hauler” means a person, who hauls Solid Waste, Organic Waste or recyclable material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting Organic Waste to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A). (eee) “Single-Family” means of, from, or pertaining to any residential premises with fewer than five (5) units. (fff) “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. Attachment 3 Page 244 of 296 Page 2 of 13 (2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (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. (ggg) “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. (hhh) “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). (iii) “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. (jjj) “Source Separated Recyclable Materials” means Source Separated Non-Organic Recyclables and Source Separated Blue Container Organic Waste. (kkk) “State” means the State of California. (lll) “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). (mmm) “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 Page 245 of 296 Page 3 of 13 from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this Chapter. (nnn) “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. (ooo) “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). (ppp) “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, except Single- Family generators that meet the Self-Hauler requirements in Section 4450.6 of this Chapter: (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 Page 246 of 296 Page 4 of 13 Container Waste in the Gray Container. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container. §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), except Commercial Businesses that meet the Self-Hauler requirements in Section 4450.6 of this Chapter. (b) Except Commercial Businesses that meet the Self-Hauler requirements in Section 4450.6 of this Chapter, 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, or, if self-hauling, per the Commercial Businesses’ instructions to support its compliance with its self-haul program, in accordance with this Chapter. (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 Page 247 of 296 Page 5 of 13 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 collection service or, if self-hauling, per the Commercial Businesses’ instructions to support its compliance with its self-haul program, in accordance this Chapter . (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) If a Commercial Business wants to self-haul, meet the Self-Hauler requirements in Section 12 of this ordinance. (m) 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). (n) 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 Page 248 of 296 Page 6 of 13 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. (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 Page 249 of 296 Page 7 of 13 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. (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. Page 250 of 296 Page 8 of 13 (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. (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. §4450.6 Self-Hauler Requirements (a) Self-Haulers shall source separate all recyclable materials and Organic Waste (materials that Jurisdiction otherwise requires generators to separate for collection in the Jurisdiction’s organics and recycling collection program) generated on-site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3. (b) Self-Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Green Container Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, Self-Haulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility. (c) Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste; this record shall be subject to Inspection by the Jurisdiction. The records shall include the following information: (1) Delivery receipts and weight tickets from the entity accepting the waste. (2) The amount of material in cubic yards or tons transported by the generator to each entity. (3) If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the Self-Hauler’s vehicle in a manner that allows it to determine the weight of materials received, the Self-Hauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste (d) Self-Haulers that are Commercial Businesses (including Multi-Family Self-Haulers) shall provide information collected in subsection (c) above to Jurisdiction if requested. Page 251 of 296 Page 9 of 13 (e) A residential Organic Waste Generator that self-hauls Organic Waste is not required to record or report information in Section 12(c) and (d). Article 3 Investigatory and Enforcement Authority of the City §4450.7 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. §4450.8 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 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 Page 252 of 296 Page 10 of 13 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 4450.7 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. (f) Factors Considered in Determining Penalty Amount. The following factors shall be used to Page 253 of 296 Page 11 of 13 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 testimony of all competent persons desiring to testify respecting the condition leading to issuance of the citation. Page 254 of 296 Page 12 of 13 (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 TWO. 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 , 2023, by the following roll call vote: AYES: NOES: None ABSENT: None ABSTAIN: None Adopted on , 2023, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Mari Rodin, Mayor Page 255 of 296 Page 13 of 13 ATTEST: Kristine Lawler, CMC/City Clerk Page 256 of 296 Page 1 of 2 Agenda Item No: 13.c. MEETING DATE/TIME: 10/4/2023 ITEM NO: 2023-3071 AGENDA SUMMARY REPORT SUBJECT: Direction Regarding Distribution of Opioid Settlement Funds Allocated to the City of Ukiah. DEPARTMENT: City Manager / Admin PREPARED BY: Shannon Riley, Deputy City Manager PRESENTER: Shannon Riley, Deputy City Manager ATTACHMENTS: None Summary: The City Council is asked to provide direction regarding the deployment of the City of Ukiah's allocation of opioid settlement funds. Background: In accordance with the state Allocation Agreements, the City of Ukiah has the potential to receive up to $488,000 in opioid settlement funds over the course of 18 years. These funds are earmarked for specific purposes related to opioid remediation, including but not limited to substance abuse disorder facilities, SUD treatment infrastructure, support for communities of color and vulnerable populations, diversion programs from the justice system, and interventions to prevent drug addiction among vulnerable youth. Discussion: The opioid crisis has had a significant and devastating impact on the Ukiah community. Given the limited amount of funding allocated to the City and the urgency of addressing the opioid crisis, Staff recommends that the City Council allocates the entire amount of the settlement funds, without deduction for administration costs, toward the development and enhancement of substance abuse treatment facilities within the city limits. The City's General Fund will fund the cost of all administrative and internal services related to the use of settlement funds. This approach aligns directly with the intent of the Allocation Agreements and will have a more sustainable, immediate and direct impact on addressing the opioid crisis in our community. Allocating the settlement funds exclusively to substance abuse treatment infrastructure aligns with the overarching goal of addressing the opioid epidemic and supporting those most affected. By not deducting administration costs, the City can maximize the impact of these funds and ensure that they are directed toward the front lines of the opioid crisis. To streamline the allocation process and ensure timely implementation of initiatives, Staff recommends that the City Council authorize the City Manager or designee to negotiate potential allocations per this policy objective for Council's consideration. This will facilitate a more efficient use of the funds and enable quicker responses to emerging needs in the community. Further, it will expedite the implementation of projects, foster innovation, and allow for a more agile response to evolving community needs. Recommended Action: Allocate the entire amount of the opioid settlement funds, without deduction for administration costs, toward the development and enhancement of substance abuse treatment facilities within the city limits and authorize the City Manager or designee to negotiate potential allocations per this policy objective for Council's consideration. BUDGET AMENDMENT REQUIRED: N/A CURRENT BUDGET AMOUNT: Approximately $488,000, or roughly $27,000 per year PROPOSED BUDGET AMOUNT: N/A Page 257 of 296 Page 2 of 2 FINANCING SOURCE: Opioid Settlement Funds PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: N/A DIVERSITY-EQUITY INITIATIVES (DEI): N/A CLIMATE INITIATIVES (CI): N/A GENERAL PLAN ELEMENTS (GP): N/A Page 258 of 296 Page 1 of 2 Agenda Item No: 14.a. MEETING DATE/TIME: 10/4/2023 ITEM NO: 2023-3014 AGENDA SUMMARY REPORT SUBJECT: Annual Review and Approval of No Changes to the Existing Fee Schedule for the Ukiah Police Department. DEPARTMENT: Police PREPARED BY: Cedric Crook, Police Chief PRESENTER: Cedric Crook, Police Chief ATTACHMENTS: 1. Resolution No. 2017-52 Summary: The City Council will conduct the annual review of the Fee Schedule for the Ukiah Police Department. No adjustments or increases are proposed at this time. Background: As a public agency, the Police Department does not profit from fees charged for services; instead, fees are charged as an important means to recover costs incurred from specific services offered to the public. In 2017, The Ukiah Police Department performed a comprehensive review and revision of its fee schedule, which resulted in the increase of Police Department fees associated with the following: Bike Licenses, Concealed Weapons Permits, Clearance Letters, Live-Scan Fingerprinting, Photographs on CD, Secondhand Dealer Permits, Taxi Permits, and Traffic Accident Reports. These fee increases were found to be necessary to meet current and projected costs for providing services associated with the operation of the Ukiah Police Department. Other fees charged by the Police Department include a Stored Vehicle Administrative Fee, fees associated with the Copy of Police Report, and Prints of Photographs, all of which are set by local resolution. Fees associated with Civil Subpoena for Officer, Subpoena for Records, and Vehicle Repossession Release are set by California law. The aforementioned fees and revisions were reviewed again this year and found to be reasonable for the types of services provided by the Ukiah Police Department, and were incorporated into the Ukiah Police Department Fee Schedule (Attachment 1), which was passed and adopted by Council on November 1, 2017. Discussion: As stated above, fees associated with Civil Subpoena for Officer, Subpoena for Records, and Vehicle Repossession Release remain set by California law. The fees associated with Copy of Police Report and Prints of Photographs are set by local resolution. Staff performed a review of the current laws and resolution associated with these fees and determined that, at this time, no modification or changes exist and that the current fees remain consistent with California law and local resolution. Current operating costs and time demands on Staff and related salary costs were considered and evaluated. Additionally, a local comparison of similar fees pertaining to those associated with Bike Licensing, Concealed Weapons Permit, Clearance Letters, Live-Scan Fingerprinting, Photographs on CD, Second Hand Dealer Licensing, Taxi Permits, Traffic Accident Reports, and Stored Vehicle was conducted. Staff has reviewed the fees for specific services offered to the public to ensure cost recovery remains Page 259 of 296 Page 2 of 2 sustainable, and is recommending no adjustments or increases to the fee schedule and is seeking Council’s approval. Recommended Action: Review and Approve No Changes to the Existing Fee Schedule for the Ukiah Police Department. 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: Tracey Porter, Police Communications and Records Manager. DIVERSITY-EQUITY INITIATIVES (DEI): Goal 5 – Instill diversity, equity, and inclusion as essential core elements of policy-making, accountability, and delivery of City services. CLIMATE INITIATIVES (CI): N/A GENERAL PLAN ELEMENTS (GP): ElementGP-A6 - Safety Element Page 260 of 296 Page 261 of 296 Page 1 of 2 Agenda Item No: 14.b. MEETING DATE/TIME: 10/4/2023 ITEM NO: 2023-3065 AGENDA SUMMARY REPORT SUBJECT: Determination of Notification of Intent to Adjust Curbside Collection and Transfer Station Service Rates. DEPARTMENT: Finance PREPARED BY: Dan Buffalo, Finance Director, Sage Sangiacomo, City Manager PRESENTER: Sage Sangiacomo, City Manager; Daniel Buffalo, Finance Director ATTACHMENTS: 1. UWS Annual Adjustment 2024 (FINAL SUBMISSION) 2. SWS Annual Adjustment 2024 (FINAL SUBMISSION) 3. SWS_UWS 2023 TS Gate & collection rates VS NEIGHBORS 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. 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 "Company"), notices of intent were submitted to the City by Company on August 16, 2023, of adjustments to collection rates for residential and commercial curbside service and rates for Ukiah Transfer Station services, effective January 1, 2024. These notices are allowed by contract annually, and any subsequent adjustments to rates are applied to the next calendar year, effective January 1. Corresponding notices are further detailed in the discussion section and included as attachments to this report. Discussion: As is required by contract, the City Manager reviewed the notices of intent. The Finance Department was tasked to review the methodology used by Company to arrive at the proposed rate adjustments to evaluate its conformity with the respective contracts. The elements of the proposed rate adjustment are limited to pass-through costs, including changes to the consumer price index (CPI-u) for the San Francisco-Oakland-San Jose area. Specifically, the elements under review consist of the changes in cost to the following: Curbside collection costs: -fuel -abatement activities -landfill disposal fees for garbage -landfill disposal fees for mixed organic waste -recycling processing costs -operating costs affected by inflation (CPI-u) Transfer Station costs: -fuel Page 262 of 296 Page 2 of 2 -disposal and processing costs of garbage and recycling -property tax based on tonnage -operating costs affected by inflation (CPI-u) The determination by the Finance Department and subsequent report to the City Manager, after review and testing of the information provided by the Company, is that the calculations and supporting documentation used by the Company in the notices appear correct, reasonable, and are in compliance with the contracts between Company and the City. Based on the notices, the Company calculated curbside collection service cost increases and pass-throughs of $632,981, which equates to an average of 11.33 percent increase to all residential and commercial accounts. For transfer station services, cost increases and pass-throughs calculated by the Company equate to $339,335, resulting in an increase in revenue requirements of 6.31 percent. Summary calculations and supporting documentation for curbside and the transfer station provided by the Company are attached here as Attachments 1 and 2 respectively. Also included for context as Attachment 3 is a curbside rate comparison for surrounding communities. At this time, Council is asked to receive and review the intent of the Company, as per the provisions of its respective contracts. Accordingly, by November 20, 2023, the City Council must complete its review of the Company’s notices of intent and either confirm that the intention to adjust rates conforms to the provisions of the contracts for curbside services and transfer station services or establish by mutual agreement with the Company any necessary changes to the proposed rates so that it can make such confirmation. The City must provide customers notice of proposed rate adjustments for curbside collection and transfer station services by December 1, 2023. As this is a regular matter and a contractual requirement, the recommendation is for Council to receive, review, and confirm the determination of the City Manager that the proposed rate adjustment comply with the agreed upon terms of the contracts. The next available regular City Council meeting before the November 20th confirmation deadline is scheduled for November 15, 2023. Staff can bring this item back to Council with this for further consideration, if deemed necessary. Recommended Action: Confirm the determination of the City Manager 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. BUDGET AMENDMENT REQUIRED: N/A CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: DIVERSITY-EQUITY INITIATIVES (DEI): N/A CLIMATE INITIATIVES (CI): N/A GENERAL PLAN ELEMENTS (GP): N/A Page 263 of 296 Attachment 1 Page 264 of 296 Attachment 1 Page 265 of 296 Attachment 1 Page 266 of 296 Attachment 1 Page 267 of 296 Attachment 1 Page 268 of 296 Attachment 1 Page 269 of 296 Attachment 1 Page 270 of 296 Attachment 1 Page 271 of 296 Attachment 1 Page 272 of 296 Attachment 1 Page 273 of 296 Attachment 1 Page 274 of 296 Attachment 1 Page 275 of 296 Attachment 2 Page 276 of 296 Attachment 2 Page 277 of 296 Attachment 2 Page 278 of 296 Attachment 2 Page 279 of 296 Attachment 2 Page 280 of 296 Attachment 2 Page 281 of 296 Attachment 2 Page 282 of 296 Attachment 2 Page 283 of 296 Attachment 2 Page 284 of 296 Attachment 2 Page 285 of 296 Attachment 2 Page 286 of 296 Attachment 2 Page 287 of 296 Attachment 2 Page 288 of 296 Attachment 2 Page 289 of 296 Attachment 2 Page 290 of 296 Attachment 2 Page 291 of 296 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 2023 23.42 26.39 60.23 84.86 304.92 445.66 586.39 852.32 City of Ukiah Rate - Proposed 2024 26.07 29.38 67.05 94.47 339.47 496.15 652.83 948.89 South Lake Refuse (Kelseyville/Riviera/Lowerlake)24.22 28.23 56.46 84.69 384.48 576.72 768.96 1153.44 South Lake Refuse (Middletown/Cobb/Hidden Vy)28.93 33.60 67.20 100.80 463.18 697.77 926.36 1389.54 Lake County 23.05 26.46 52.92 79.39 355.43 533.15 710.87 1066.31 Lakeport Disposal 17.18 25.38 n/a 74.64 347.45 n/a n/a n/a County of Mendocino Inland 22.25 30.07 62.48 93.72 413.61 477.82 566.14 781.19 County of Mendocino Coastal 22.89 32.27 67.38 101.75 433.13 526.23 679.06 n/a Solid Waste of Willits n/a 33.19 71.57 n/a 349.23 483.15 605.44 933.59 City of Fort Bragg 24.92 37.49 74.98 112.51 471.83 553.68 862.71 n/a City of Clearlake 24.64 29.24 51.21 73.14 350.95 484.54 643.76 969.05 Carts Bins UWS RATE 2023 VS ALL AREAS Attachment 3 Page 292 of 296 Page 1 of 1 Agenda Item No: 14.c. MEETING DATE/TIME: 10/4/2023 ITEM NO: 2023-3060 AGENDA SUMMARY REPORT SUBJECT: Receive Updates on City Council Committee and Ad Hoc Assignments, and, if Necessary, Consider Modifications to Assignments and/or the Creation/Elimination of Ad Hoc(s). DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk PRESENTER: Mayor Rodin and Various Councilmembers ATTACHMENTS: 1. City Council Special Assignments rev 8-4-23 Summary: City Council members will provide reports and updates on their committee and ad hoc assignments. If necessary, the Council may consider modifications. Background: City Council members are assigned to a number of committees and ad hoc activities. These assignments are included as Attachment 1. Discussion: Previously, the City Council discussed having more time allocated to reporting on committee and ad hoc activities. Often, the Council Reports section of the regular agenda is rushed due to impending business (i.e., public hearings), and not enough time is afforded for reports beyond community activities. In an effort to foster regular updates on committee and ad hoc assignments, this item is being placed on the agenda to provide the City Council members an expanded opportunity to report on assignments and modify assignments as necessary. Recommended Action: Receive report(s). The Council will consider modifications to committee and ad hoc assignments along with the creation/elimination ad hoc(s). BUDGET AMENDMENT REQUIRED: No CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: N/A DIVERSITY-EQUITY INITIATIVES (DEI): CLIMATE INITIATIVES (CI): GENERAL PLAN ELEMENTS (GP): Page 293 of 296 2023 CITY COUNCIL SPECIAL ASSIGNEMENTS LOCAL / UKIAH VALLEY MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT City Broadband Project TBD TBD Civic Center 300 Seminary Ave. Ukiah, CA 95482 to evaluate the Request for Proposal (RFP) for the Internet Service Provider (ISP) for the California's Public Utilities Commission (CPUC) Last mile Broadband. Orozco Jim Robbins, Grants Manager; 463-6708; jrobbins@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 Disaster Council Shall meet a minimum of once a year at a time and place designated upon call of the chair Place designated upon call of the chair or, if she/he is unavailable or unable to call such meeting, the first vice chair and then the City Manager or her/his designee. Office of Emergency Management 300 Seminary Ave. Ukiah, CA 95482 467-5765 - Tami Bartolomei Develop any necessary emergency and mutual aid plans, agreements, ordinances, resolutions, rules, and regulations. Orozco Duenas- Alternate Traci Boyl, City Manager's Office Management Analyst; 467-5720; tboyl@cityofukiah.com Greater Ukiah Business & Tourism Alliance (GUPTA) 4th Monday of month, 10:00 a.m. 200 S School St. Ukiah, CA 95482 200 S School St. Ukiah, CA 95482 Promotes tourism and works to strengthen and promote the historic downtown and businesses within the greater Ukiah area Rodin Duenas - Alternate Shannon Riley,Deputy City Manager; 467-5793 sriley@cityofukiah.com Mendocino County Inland Water and Power Commission (IWPC) 2nd Thursday of month, 6:00 p.m. Civic Center 300 Seminary Avenue conference room 5 IWPC Staff P.O. Box 1247 Ukiah, CA 95482 391-7574 - Candace Horsley Develops coordination for water resources and current water rights: Potter Valley project - Eel River Diversion Rodin Orozco- Alternate Sean White,Director of Water Resources; 463-5712 swhite@cityofukiah.com North Coast Opportunities (NCO)4th Wednesday of month, 2 p.m.Alternating locations - Ukiah and Lakeport Governing Board Chair North Coast Opportunities 413 North State Street Ukiah, CA 95482 Assist low income and disadvantaged people to become self reliant Burgess Jake Burgess, Community Services Supervisor; 463-6201 jburgess@cityofukiah.com Sun House Guild ex officio 2nd Tuesday of month, 4:30 p.m. Sun House 431 S. Main St. Ukiah, CA 431 S. Main Street Ukiah, CA 95482 467-2836 Support and expand Grace Hudson Museum Duenas Neil Davis - Alternate David Burton, Museum Director; 467-2836 dburton@cityofukiah.com Ukiah Valley Basin Groundwater Sustainability Agency (GSA) 2nd Thursday of month, 1:30 p.m. Board of Supervisors Chambers; 501 Low Gap Road Ukiah, CA County Executive Office 501 Low Gap Rd., Rm. 1010 Ukiah, CA 95482 463-4441 GSA serves as the Groundwater Sustainability Agency in the Ukiah Valley basin Crane Duenas - Alternate Sean White, Director of Water Resources; 463-5712 swhite@cityofukiah.com MENDOCINO COUNTY MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT City Selection Committee Called as required by the Clerk of the Board BOS Conference Room 501 Low Gap Rd. Rm. 1090 Ukiah, CA C/O: BOS 501 Low Gap Rd., Rm 1090 Ukiah, CA 95482 463-4441 Makes appointments to LAFCO and Airport Land Use Commission (Mayor - Primary; Vice Mayor - Alternate) Mayor Rodin Vice Mayor Duenas - Alternate Kristine Lawler, City Clerk; 463-6217 klawler@cityofukiah.com Economic Development & Financing Corporation (EDFC) 2nd Thursday of month, 2:00 p.m. Primarily 631 S. Orchard Street (location varies) Executive Director 631 South Orchard Avenue Ukiah, CA 95482 467-5953 Multi-agency co-op for economic development and business loan program Riley (appointed 12/19/18) Shannon Riley, Deputy City Manager; 467-5793 sriley@cityofukiah.com Library Advisory Board 3rd Wednesdays of alternate months; 1:00 p.m. Various Mendocino County Libraries Ukiah County Library 463-4491 Review library policy and activities Duenas Rodin - Alternate Kristine Lawler, City Clerk; 463-6217; klawler@cityofukiah.com Mendocino County 1st District Liaison Monthly; TBD Civic Center Annex conference room #5 411 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 Rodin Crane - Alternate Sage Sangiacomo, City Manager; 463-6221; ssangiacomo@cityofukiah.com Mendocino County 2nd District Liaison 1st Wednesdays of month, 8:00 a.m. Civic Center Annex conference room #5 411 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 Rodin Duenas - Alternate Shannon Riley, Deputy City Manager; 467-5793 sriley@cityofukiah.com Mendocino Council of Governments (MCOG) 1st Monday of month, 1:30 p.m. Board of Supervisors Chambers 501 Low Gap Road Ukiah, CA Executive Director 367 N. State Street, Ste. 206 Ukiah, CA 95482 463-1859 Plan and allocate State funding, transportation, infrastructure and project County wide Duenas Sher - Alternate Tim Eriksen, Public Works Director/City Engineer; 463-6280 teriksen@cityofukiah.com Mendocino County Airport Land Use Commission As needed BOS Conference Room 501 Low Gap Rd., Rm. 1090, Ukiah, CA Mendocino County Executive Office 501 Low Gap Rd. Rm. 1010 Ukiah, CA 95482 To formulate a land use compatibility plan, provide for the orderly growth of the airport and the surrounding area, and safeguard the general welfare of the inhabitants within the vicinity Liaisons: Owen/Schlatter Greg Owen, Airport Manager; 467-2855; gowen@cityofukiah.com Craig Schlatter, Director of Community Development; 463-6219; cschlatter@cityofukiah.com Mendocino County Local Area Formation Commission (LAFCO) 1st Monday of month, 9:00 a.m.Board of Supervisors Chambers Executive Director 200 S. School Street, Ste. 2 Ukiah, CA 95482 463-4470 Required by legislation - planning spheres of influence, annexation, service areas, and special districts Rodin Crane - Desired Alternate if appointment becomes available with City Selection Committee Craig Schlatter, Director of Community Development; 463-6219; cschlatter@cityofukiah.com 6/23/2023 ATTACHMENT 1 Page 294 of 296 2023 CITY COUNCIL SPECIAL ASSIGNEMENTS MENDOCINO COUNTY Continued MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Mendocino Solid Waste Management Authority (MSWMA) 3rd Thursday of every other month (varies), 10:00 a.m. Willits Council Chambers Solid Waste Director 3200 Taylor Drive Ukiah, CA 95482 468-9710 County-wide Solid Waste JPA Crane Sher- Alternate Tim Eriksen, Public Works Director/City Engineer; 463-6280 teriksen@cityofukiah.com Mendocino Transit Authority (MTA) Board of Directors Last Wednesday of month, 1:30 p.m. Alternating locations - Ukiah Conference Center or Fort Bragg, or Point Arena Executive Director 241 Plant Road Ukiah, CA 95482 462-1422 County-wide bus transportation issues and funding Sher Duenas - Alternate Tim Eriksen, Public Works Director/City Engineer; 463-6280 teriksen@cityofukiah.com Mendocino Youth Project JPA Board of Directors 3rd Wednesday of month, 7:45 a.m.776 S. State Street Conference Room Mendocino Co. Youth Project 776 S. State Street, Ste. 107 Ukiah, CA 95482 707-463-4915 Targets all youth with a focus on drug and alcohol prevention, healthy alternatives and empowering youth to make healthy choices Cedric Crook, Police Captain Duenas - Alternate Cedric Crook, Police Captain 463-6771; ccrook@cityofukiah.com Russian River Flood Control District (RRFCD) Liaison 1st Monday of month, 5:30 p.m. 151 Laws Ave.,Suite D Ukiah, CA 151 Laws Ave., Ukiah, CA 95482; rrfc@pacific.net; 462-5278 Proactively manage the water resources of the upper Russian River for the benefit of the people and environment of Mendocino County White/Orozco Sean White, Director of Water Resources; 463-5712 swhite@cityofukiah.com Ukiah Players Theater Board of Directors 3rd Tuesday of month, 6:00 p.m 1041 Low Gap Rd Ukiah, CA 95482 462-1210 1041 Low Gap Rd Ukiah, CA 95482 462-1210 To oversee the activities, organization and purpose of the Ukiah Players Theater Greg Owen, Airport Manager (appointed 12/19/18) Kristine Lawler, City Clerk; 463-6217 klawler@cityofukiah.com Ukiah Unified School District (UUSD) Committee Quarterly 511 S. Orchard, Ste. D Ukiah, CA 95482 511 S. Orchard Ukiah, CA 95482 Information exchange with UUSD Board Chair, Mayor, Superintendent, and City Manager Mayor, City Manager and Police Chief Sage Sangiacomo, City Manager; 463-6221 ssangiacomo@cityofukiah.com REGIONAL MTG DATE/TIME LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Great Redwood Trail Agency Bi-monthly, 3rd Thursdays, 10:30 a.m. Various Locations - announced 419 Talmage Road, Suite M Ukiah, CA 95482 463-3280 Provides a unified and revitalized rail infrastructure meeting the freight and passenger needs of the region Rodin Duenas - Alternate Neil Davis, Community Services Director 467-5764 ndavis@cityofukiah.com League of California Cities Redwood Empire Legislative Committee Prior to Division Meetings, meets 3x in person and then via conference call Various locations that are announced Redwood Empire League President; Public Affairs Program Manager (916) 658-8243 Elected city officials and professional city staff attend division meetings throughout the year to share what they are doing and advocate for their interests in Sacramento Orozco Duenas -Alternate Sage Sangiacomo, City Manager; 463-6221 ssangiacomo@cityofukiah.com Russian River Watershed Association (RRWA) 4th Thursday of month, 9:00 a.m. (only 5 times a year) Windsor Town Hall Russian River Watershed Assoc. 425 South Main St., Sebastopol, CA 95472 508-3670 Consider issues related to Russian river - plans projects and funding requests Rodin Sher - Alternate Tim Eriksen, Public Works Director/City Engineer;463-6280 teriksen@cityofukiah.com Northern California Power Agency (NCPA) Commission 4th Thursday of month, 9:00 a.m. (see NCPA calendar) Roseville, CA and other locations 651 Commerce Drive Roseville, CA 95678 916-781-4202 Pool of State and local power utilities developing and operating power generation, providing scheduling and related energy services and providing regulatory and legislative support. Crane - Commissioner Sauers - Alternate and Commissioner in absence of Commissioner Crane Cindi Sauers - Electric Utility Director; 463-6286 csauers@cityofukiah.com Northern California Power Agency (NCPA) – Lodi Energy Center (LEC) Appointment 2nd Monday of month, 10:00 AM Lodi, CA and other locations 651 Commerce Drive Roseville, CA 95678 916-781-4299 Committee oversees the operation, maintenance and expenditures of the LEC 300 MW generating project. Sauers – Project Participate Appointee Cindy Sauers, Electric Utility Director, 463‐6286, csauers@cityofukiah.com Transmission Agency of Northern California (TANC) 4th Wednesday of month, 10 a.m.35 Iron Point Circle Suite 225 Folsom, CA 35 Iron Point Cir #225 Folsom, CA 95630 916-852-1673; info@tanc.us Provide electric transmission to its Member utilities through transmission line ownership or contract arrangements. Crane Sauers - Alternate Cindi Sauers - Electric Utility Director; 463-6286 csauers@cityofukiah.com STANDING COMMITTEES MTG DATE/TIME LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Diversity and Equity TBD Virtual Meeting Room (link to be created) Civic Center 300 Seminary Ave. Ukiah, CA 95482 Improve diversity and equity in the City’s workforce and municipal services Orozco/Duenas Traci Boyl, City Manager's Office Management Analyst; 467-5720; tboyl@cityofukiah.com Fire Executive Committee 2nd Tue, every other month beginning in January; 5:00 p.m. Ukiah Valley Conference Center, 200 S. School Street Ukiah, CA Civic Center 300 Seminary Ave. Ukiah, CA 95482 sabba@cityofukiah.com Per the recently adopted agreement between the City of Ukiah and the Ukiah Valley Fire Protection District Orozco/Sher Doug Hutchison, Fire Chief; 463-6263; dhutchison@cityofukiah.com Countywide Oversight Board to the RDA Successor Agencies 4th Thursday of January, 4:00 p.m.; meets annually Ukiah Valley Conference Center, 200 S. School Street Ukiah, CA City of Ukiah ATTN: City Clerk 300 Seminary Ave. Ukiah, CA 95482 707-463-6217 oversee and direct the Successor Agencies of the former redevelopment agencies Crane Dan Buffalo, Director of Finance; 463-6220 dbuffalo@cityofukiah.com Kristine Lawler, City Clerk; 463-6217, klawler@cityofukiah.com 6/23/2023 Page 295 of 296 COMMITTEE ASSIGNED TO PRINCIPAL STAFF SUPPORT Electric Grid Operational Improvements Crane/Orozco Cindy Sauers, Electric Utility Director; 463-629586 csauers@cityofukiah.com Trench Cut Policy Development Crane Tim Eriksen, Public Works Director/City Engineer; 463-6280 teriksen@cityofukiah.com Advance Planning & Policy for Sphere of Influence (SOI), Municipal Service Review (MSR), Annexation, Tax Sharing, Detachment, and Out of Area Service Agreements Crane/Rodin Craig Schlatter, Community Development Director 463-6219 cschlatter@cityofukiah.com UVSD/ City Relations Ad hoc committee to address specific issues with the Ukiah Valley Sanitation District, including discussion of overall sewer system service delivery policies, operating policy revisions, potential revisions to the current Operating Agreement, and cost sharing Crane/Orozco Dan Buffalo, Director of Finance; 463‐6220 dbuffalo@cityofukiah.com Sean White, Water Resources Director 463‐5712 swhite@cityofukiah.com Orr Street Bridge Corridor Rodin/Sher Tim Eriksen, Public Works Director/City Engineer; 463-6280 teriksen@cityofukiah.com Complete Streets Rodin/Crane Tim Eriksen, Public Works Director/City Engineer; 463-6280 teriksen@cityofukiah.com Shannon Riley, Deputy City Manager 467-5793 sriley@cityofukiah.com Neil Davis, Community Services Director 467-5764 ndavis@cityofukiah.com Special Districts (Water District Consolidation)Orozco/Crane Shannon Riley, Deputy City Manager 467‐5793 sriley@cityofukiah.com Corp Yard Planning Crane/Orozco Jason Benson, Senior Civil Engineer 463‐6284 jbenson@cityofukiah.com City/District Review of 2019/22 Proposed Fire Code Crane/Orozco Doug Hutchison, Fire Chief 463‐6263 dhutchison@cityofukiah.com Mendocino County Courthouse Project and Reuse Sher/Orozco Shannon Riley, Deputy City Manager 467‐5793 sriley@cityofukiah.com Climate Action Plan Will coordinate with the Community Development Director to identify and assign representation to each of the identified categories, and also coordinate with the Community Development Director and the Climate Action Plan Working Group related to other outreach efforts during the development of the draft municipal Climate Action Plan related to the 2040 General Plan Sher/Duenas Craig Schlatter, Community Development Director 463-6219 cschlatter@cityofukiah.com City's 150-Year Anniversary Planning Orozco/Rodin Shannon Riley, Deputy City Manager 467‐5793 sriley@cityofukiah.com 2023 AD HOC COMMITTEES 8/4/2023 Page 296 of 296