Ukiah City Council
December 7, 2022

Comment 17

ATTACHMENT 3

ATTACHMENT 4
RESOLUTION NO. 2022-77

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH CERTIFYING AN ENVIRONMENTAL IMPACT REPORT (SCH NO. 2022050556); ADOPTING FINDINGS OF FACT PURSUANT TO PUBLIC RESOURCES CODE (“PRC”) §21081 AND CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") GUIDELINES §15091; AND

ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS IN ACCORDANCE WITH PRC §21081(b) AND CEQA GUIDELINES §15093; AND APPROVING A

MITIGATION, MONITORING AND REPORTING PROGRAM IN CONNECTION WITH THE UKIAH 2040 GENERAL PLAN
WHEREAS:

1. Government Code Section 65300 requires each legislative body and planning agency to prepare and adopt a comprehensive, long-term general plan for the physical development of the City; and

2. The City of Ukiah General Plan was last comprehensively updated on December 6, 1995 and subsequently amended in 2004 with the Circulation and Transportation Element, in 2019 with certification of the 2019-2027 Housing Element and in 2019 with the Land Use Element; and

3. In 2019, the City initiated a multi-year process to comprehensively update the General Plan (2040 General Plan) by approving a work plan and schedule, hiring consultants, launching the General Plan Update website, and commencing public outreach efforts; and

4. On August 5, 2022, the City sent the draft 2040 General Plan to affected public entities and agencies in compliance with state law (Government Code Sections 65302(g)(7), 65302.5, 65302.7, 65352, 65352(a)(9) and Public Utilities Code Section 21676), and in accordance with Government Code Section 65352.3, and invited comments by the public; and

5. The City has included a General Plan Errata, dated November 23, 2022, as a part of the Ukiah Draft General Plan to summarize changes and revisions that are proposed to the Draft General Plan since its release on August 5, 2022; and

6. In accordance with the CEQA Guidelines, a Notice of Preparation (NOP) of a Draft EIR was circulated to potentially interested parties from May 31, 2022 to June 30 2022.The NOP was circulated to all interested parties, stakeholders, and public agencies; posted at the State Clearinghouse and Mendocino County Clerk’s office, as well as on the 2040 General Plan website; published in the Ukiah Daily Journal; and posted in the Civic Center glass case; and

7. During circulation of the NOP, the City of Ukiah received seven (7) written comments; a summary of comments and City responses to the comments are included in DEIR Table 1-1 (beginning on pp.1-5); and

8. On April 7, 2022, the City sent letter to the Native American Heritage Commission (NAHC) requesting a current SB 18 and AB 52 Native American Contact List for the Project vicinity. On June 9, 2022, the NAHC provided a list of fifteen (15) tribal contacts with connections to the

Planning Area. In accordance with AB 52 and SB 18, on June 21, 2022, the City notified the fifteen (15) tribes about the Project and invited them to participate in consultation. As noted in the DEIR (pp. 4.12-2 and 4.12-3), the City received letters from two tribes and provided responses in accordance with AB 52 and SB 18. No further action was required and the AB 52 and SB 18 process concluded on July 26, 2022; and

9. The City held a public scoping meeting for the DEIR on June 15, 2022. The scoping meeting was held in-person at the City’s Civic Center Council Chamber, and participants were also able to join virtually via teleconference; and

10. The Draft EIR was prepared and made available for a 45-day public review period on October 7, 2022 and was distributed to local, regional, and State agencies. The Notice of Availability of the Draft EIR was posted with the State Clearinghouse, at the office of the Mendocino County Clerk, and on the City’s website. The Notice of Availability was also published in a newspaper (Ukiah Daily Journal). Furthermore, copies of the Notice of Availability were e-mailed to a list of interested parties, groups, and public agencies. The Draft EIR was posted electronically on the City’s 2040 General Plan website and hard copies of the Draft EIR were made available for public review at City Hall and at the Mendocino County Public Library (Ukiah Branch); and

11. The DEIR public review period ended on November 21, 2022 and the City received three comment letters on the DEIR. Copies of written comments on the Draft EIR received during the comment period, as well as responses to those comments, are included in Section 4 of the Final EIR (beginning on pp. 26); and

12. On November 23, 2022 a Final EIR (“FEIR”), including City responses to comments received on the DEIR and any changes proposed as a result of comments received, was prepared and distributed via email to all parties who commented on the DEIR, as well as all interested parties, stakeholders, and members of the public maintained on the City’s email contact list.

The FEIR was also posted to the 2040 General Plan website and made available at the Community Development Department counter; and

13. As described in DEIR Section 2.7.8, Project Buildout, the EIR analyzes impacts from the 2040 General Plan designating land uses defining the type and amount of development that can occur throughout the City and proposed annexation areas through the planning horizon year of 2040 (over approximately 18 years). Based on the potential land use changes, the 2040 General Plan has a maximum buildout potential of an additional 2,350 housing units and an additional 4,514,820 non-residential square footage. However, the maximum buildout is an estimate and is not intended to predict the amount of development that will occur in the City in the future. Similarly, this “maximum buildout” scenario is used as a conservative assumption for purposes of the CEQA analysis in the EIR and future streamlining opportunities; and

14. The DEIR identified significant environmental impacts of the Project; and determined that impacts to air quality, cultural resources, greenhouse gas emissions, and noise impacts cannot be mitigated to a level considered less than significant, as summarized below:
 Air Quality Impact AQ-2: Development facilitated by the project would result in a net increase of criteria pollutants due to vehicle miles traveled (VMT) compared to existing conditions. However, the City has adopted thresholds of significance and screening criteria for transportation impacts that would be expected to result in a less than significant transportation impact for nearly all of the projects facilitated under the 2040 General Plan (see DEIR Appendix D). Additionally, all feasible mitigation measures to reduce VMT are included as Policies in the 2040 General Plan. However, the EIR conservatively determines that the overall operational impacts to Air Quality would

remain significant and unavoidable because the maximum buildout of the 2040 General Plan would increase criteria pollutants when compared to existing conditions (see FEIR pp. 2; DEIR pp. 4.3-13 and 4.11-13; and Appendix D).
 Cultural Resources Impact CUL-1: Development facilitated by the project would have the potential to impact historical resources. Existing Ukiah City Code and CEQA regulations, in addition to proposed 2040 General Plan policies and mitigation, would reduce impacts to historic resources. Nonetheless, impacts would be significant and unavoidable (see FEIR pp. 8; DEIR pp. 4-5.12).
 Greenhouse Gas Emissions Impact GHG-1: Development facilitated by the 2040 General Plan would make progress towards achieving State goals but would not necessarily meet State 2030 or 2045 goals. Mitigation Measures GHG-1 and GHG-2 would result in implementation of CEQA GHG thresholds and a Climate Action Plan (CAP) update; however, development facilitated by the 2040 General Plan would not meet the 2030 or 2045 goals until the CAP is updated and adopted. This impact would be significant and unavoidable (see FEIR pp.10; DEIR pp. 4-6.12).  Noise Impact NOI-1: Construction of individual projects facilitated by the 2040 General Plan would temporarily increase noise levels, potentially affecting nearby noisesensitive land uses. Development facilitated by the project would introduce new on-site noise sources and would contribute to increases in traffic noise. The continued regulation of on-site noise, consistent with the Ukiah City Code and implementation of proposed 2040 General Plan policies would minimize disturbance to adjacent land uses. However, construction noise and traffic noise may still exceed noise standards and impacts would be significant and unavoidable (see FEIR pp.11; DEIR pp. 4-

8.12).

15. PRC section 21081 and CEQA Guidelines section 15091 provide that the City shall not approve or carry out a project for which an EIR has been completed which identifies one or more significant environmental impacts, unless it makes specified findings; and

16. PRC section 21081(b) and CEQA Guidelines section 15093 require a Statement of Overriding Considerations for a project that will have any unmitigated adverse environmental impacts; and

17. As stated below, the City Council has made the findings and the Statement of Overriding Considerations required under CEQA Guidelines 15093, where, as here, a project has an adverse environmental impact that cannot be mitigated to a level of insignificance; and

18. For purposes of CEQA and these findings, the record before the City Council includes: the DEIR and all appendices; the FEIR including an errata sheet, comments on the Draft EIR and responses to comments and all appendices to the Final EIR; all notices required by CEQA; all studies conducted for the proposed plans and contained in, or referenced by, the DEIR or the FEIR; and all public comment received; and

19. The record of proceedings upon which this decision is based, including all of the aforementioned documents and information, is maintained in the office of the City’s Community Development Department, located at 300 Seminary Avenue, Ukiah, CA 95482, as the custodians of the record, and is available for public inspection upon request of the Director of Community Development, or his designee.

NOW, THEREFORE, BE IT RESOLVED that:

1. The City Council finds that the FEIR (SCH No. 2022050556) was prepared and made available for public review and comment in full compliance with the procedures set forth in CEQA and the CEQA Guidelines.

2. The City Council finds that the FEIR was considered at a duly noticed public meeting held on December 7, 2022.

3. The City Council has considered all public comment and documents submitted and oral testimony given during the public comment period for the FEIR, the FEIR itself, and the December 7, 2022 Staff Report recommending certification of the FEIR (incorporated herein by reference).

4. The City Council has independently reviewed and analyzed this resolution and the FEIR.

5. The City Council hereby certifies the FEIR.

6. The City Council hereby adopts the Findings and Statement of Overriding Considerations included in Exhibit A, in accordance with sections 15091 and 15093 of the CEQA Guidelines.

7. The City Council hereby adopts the Mitigation, Monitoring and Reporting Program contained within Exhibit B, in accordance with Section 15091 of the CEQA Guidelines.

PASSED AND ADOPTED this 7th day of December, 2022 by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Jim O. Brown, Mayor
ATTEST:
__________________________________
Kristine Lawler, City Clerk

EXHIBIT A
Ukiah 2040 General Plan EIR CEQA Certification and Findings A. The 2040 General Plan or “the Project” is described in full in the EIR, at pp. 2-1 through 2- 14, and FEIR pp. 1 through 4. This project description is incorporated herein by reference.

B. The EIR evaluated the impacts of the Project itself as well as its impacts in combination with impacts from past, present and probable future projects. Those impacts, both individual and cumulative, along with recommended mitigation measures and suggested conditions, are summarized in the Executive Summary provided in DEIR pp. ES-1 et seq. and Table 1: Summary of Impacts and Mitigation Measures, FEIR pp. 5 et seq.

C. The City finds that, based upon substantial evidence in the record, as discussed throughout the EIR (DEIR Chapter 4, Environmental Impact Analysis), the Project’s impacts on the topical areas outlined in Appendix G of the CEQA Guidelines are as follows:
i. Less than Significant Impact: Aesthetics, Agricultural and Forestry Resources, Land Use and Planning, Population and Housing, Public Services, Transportation, and Utilities and Service Systems.
ii. Less than Significant Impact with Mitigation: Biological Resources, Tribal Cultural Resources, Wildfire, and Paleontological Resources.
iii. As discussed in DEIR Section 4.16, Effects Found Not to be Significant, during evaluation of the 2040 General Plan, the following topical areas were found to have a less than significant impact or no impact: Energy, Geology and Soils, Hazards and Hazardous Materials, and Hydrology and Water Quality and Mineral Resources. As allowed under CEQA Guidelines Section 15128, these topical areas not further discussed in detail in the DEIR as individual sections.

D. Mitigation measures designed to avoid or substantially lessen the significant environmental effects of the Project as identified in the EIR are set forth in the Mitigation Monitoring and Reporting Plan ("MMRP"), and incorporated herein by reference. The measures constitute binding commitments and those measures shall be incorporated into the Project and monitored in accordance with the MMRP.

E. Based on substantial evidence presented and discussed throughout the EIR (DEIR Chapter 4, Environmental Impact Analysis), the City Council finds that these mitigation measures will avoid or reduce impacts to Biological Resources, Tribal Cultural Resources, Wildfire and Paleontological Resources to less than significant levels.

F. The City finds that, based upon substantial evidence in the record, as discussed throughout the EIR (DEIR Chapter 4, Environmental Impact Analysis), the Project’s impacts on the following topical areas outlined in Appendix G of the CEQA Guidelines would remain significant and unavoidable: Air Quality, Cultural Resources, Greenhouse Gas Emissions, and Noise.

G. The City Council finds that the Statement of Overriding Considerations included below related to the identified significant and unavoidable impacts. Based on the foregoing and pursuant to Public Resources Code Section 21081(b) and CEQA Guidelines Section 15091(a)(3) and 15093(b), the City finds that the remaining significant unavoidable impacts of the Project are acceptable in light of its economic, fiscal, technological, and social benefits as well as other considerations. Such benefits outweigh identified significant and

unavoidable impacts and provide the substantive and legal basis for this Statement of Overriding Considerations.

H. For the following reasons, the City Council finds that specific economic, legal, social, technological or other considerations make infeasible the project alternatives identified in the EIR.
i. The Project Objectives. As discussed on DEIR pp. 2-6 and 2-7, the 2040 General Plan is intended to function as a policy document to guide the City’s long-term framework for future growth and resource management within the planning area through the year 2040. Based on community input and in recognition of the State’s planning priorities, a vision and values supporting the vision for the community were developed.

The Ukiah City Council approved the following Vision Statement for the 2040 General Plan on March 3, 2021:
“The City of Ukiah is a diverse, family-oriented, and friendly community connected to the beautiful, surrounding natural open space areas that give the community its unique sense of place. Ukiah is a safe and resilient community that is fiscally responsible, environmentally conscious, and inclusive. The city offers a great place for people of all ages, incomes, and ethnicities to live, work, and visit.”
The City of Ukiah developed guiding principles to expand on the main ideas contained in the vision statement. The following guiding principles express the key values and aspirations for Ukiah’s future, guide the goals, policies and implementation measures contained within the 2040 General Plan, and serve as the Project’s overarching objectives:
 Guide land uses and development that meet the needs of the community, are environmentally conscious, and maintain Ukiah as a diverse, family-oriented, and friendly community, where people from all racial, ethnic and cultural backgrounds thrive socially, economically, academically, and physically.  Ensure development in all neighborhoods is compatible with the unique characteristics and land use patterns and fosters a sense of place.  Promote resilient and sustainable facilities and infrastructure to ensure delivery of high-quality services.
 Promote a diverse, local, business-friendly economy that fosters new job growth and is adaptable to changes in consumer habits and market trends.  Maintain and advance a well interconnected circulation network that accommodates and encourages alternative modes of transportation that reduce congestion and encourage walkable and bikeable neighborhoods.  Preserve existing open space resources while enhancing accessibility to parks and recreational amenities.
 Manage, conserve, and preserve the existing natural environment to ensure sustainable longevity for present and future generations.  Provide for a safe community through resilient infrastructure, community-wide education and preparation, and hazard planning that is responsive to potential climate-related, natural, and human-caused disasters.

 Preserve Ukiah Municipal Airport as a vital economic driver and transportation system and maintain consistency with the criteria and policies of the Ukiah Municipal Airport Master Plan and Mendocino County Airport Land Use Compatibility Plan.
 Foster an inclusive community through conditions that allow for and stimulate a diversity of housing options for community members of all ages, incomes, and ethnicities.
ii. Infeasibility of Project Alternatives Discussed in EIR. The following social, economic, legal, technological, and other considerations make the two alternatives identified in the EIR (DEIR pp. 5-1 through 5-19) infeasible. The three alternatives are: 1) No Project Alternative; and 2) Decreased Residential Density Alternative. a. No Project Alternative. The No Project Alternative assumes there is no change in zoning or General Plan land use designations and analyzes the existing General Plan land use designations and densities for vacant land within the City. The No Project Alternative includes identified sites for annexation, as well as housing sites identified as part of the 2019-2027 Housing Element. As the No Project Alternative focuses on existing designations, Annexation Areas would have existing land use designations, in contrast to the proposed Project, which apply City land use designations to these areas. Buildout under the No Project Alternative, assuming a maximum buildout scenario, would allow for 1,692 housing units and approximately 3,831,300 square feet of additional nonresidential land uses.

The No Project Alternative would not accomplish project objectives to the extent that the proposed Project would, as the No Project Alternative would provide reduced housing options and exclude multiple policies from the 2040 General Plan pertaining to community development, preservation of natural resources, sustainability, and improvement of Ukiah’s circulation network. b. Decreased Residential Density Alternative. The Decreased Residential Density Alternative (Alternative 2) assumes increased residential densities (1,868 units total) allowed by each land use designation compared to the existing General Plan or No Project Alternative (1,692 units total) but decreased residential densities when compared to the proposed Project (2,350 total units). For example, the existing General Plan allows High Density Residential development of up to 28 dwelling units per acre (du/ac) and the proposed Project (as well as Alternative 2) would allow a density of up to 40 du/ac. Both the proposed Project and Alternative 2 would apply new and/or existing General Plan land use designations to lands within the city limits and Annexation Areas. However, Alternative 2 would not add new land use designations intended to increase commercial land uses and would rely on existing General Plan land use designations (and densities). Because Alternative 2 would maintain the same designations as the General Plans for non-residential spaces, the buildout of non-residential space would be the same as the No Project Alternative. In addition, Alternative 2 would not add some of the new land use designations identified for the proposed Project, which explains why Alternative 2 would have less residential units than the proposed Project.

Assuming a maximum buildout scenario, buildout under Alternative 2 would allow for 1,868 housing units and approximately 3,831,300 square feet of additional

non-residential land uses (refer to Table 5-1). Non-residential development would be the same as the No Project Alternative but would be less than the proposed Project. Resulting residential density would be less than the proposed Project and more than the No Project Alternative. However, Alternative 2 would not accomplish project objectives to the extent that the proposed Project would, as Alternative 2 would provide reduced housing options.
iii. Alternatives Considered but Rejected in the EIR
As discussed on DEIR pp. 5-17, the City considered an alternative that would require an update to the zoning code to include requiring noise barriers to reduce construction noise for development on project sites. Noise barriers would reduce on-site noise by about 10 to 20 dBA depending on construction materials and barrier height, since noise barriers are traditionally constructed of material with a minimum weight of 2 pounds per square foot with no gaps or perforations. Noise barriers may be constructed of, but are not limited to, 5/8-inch plywood, 5/8-inchoriented strand board, or hay bales. This alternative, which would require noise barriers that would reduce construction noise, could reduce the significant construction noise impact, but would not reduce the significant and unavoidable operational noise impact. Additionally, construction of noise barriers could result in increased impacts associated with ground disturbance (such as those related to biological resources, geology and soils, air quality, etc.) and visual impacts. Lastly, this alternative would meet Project objectives to provide housing, but fewer housing units would likely be built, because development on certain sites would be infeasible due to construction cost constraints.
iv. Environmentally Superior Alternative
CEQA requires identification of the environmentally superior alternative among the alternatives to the proposed project. The environmentally superior alternative must be an alternative that reduces some of the project’s environmental impacts, regardless of the financial costs associated. Identification of the environmentally superior alternative is an informational procedure and the alternative identified as the environmentally superior alternative may not be that which best meets the goals or needs of the proposed project.

Table 5-2 of the DEIR (pp. 5-18) provides a summary of impacts and indicates whether each alternative’s environmental impact is greater than, less than, or equal to the proposed Project for each of the issue areas studied. Overall, none of the alternatives identified in this analysis changed the impact conclusions that were identified for the proposed Project. However, some of the alternatives did reduce the severity of the impact; thus, the analysis considers the severity of the impact to identify the environmentally superior alternative. Based on the analysis of alternatives in the DEIR, the No Project Alternative is the environmentally superior alternative as it lessens the severity of most impacts of the proposed Project.

If the No Project Alternative is determined to avoid or reduce more impacts than any other alternative, CEQA requires that the EIR identify an environmentally superior alternative among the other alternatives (CEQA Guidelines Section 15126.6[e]). Of the other alternatives evaluated in the EIR, the Decreased Residential Density Alternative (Alternative 2) would be the environmentally superior alternative. Like the No Project Alternative, Alternative 2 would result in less construction impacts (air quality construction emissions, biological resources, cultural resources, greenhouse gas emissions, temporary noise, tribal cultural resources, and paleontological resources) than the proposed Project because of a reduction in buildout. In addition, Alternative 2

would result in less operational impacts (aesthetics, air quality, greenhouse gas emissions, noise, public services, recreation, and utilities) due to the reduced buildout.

Nonetheless, compared to the proposed Project, Alternative 2 would not fulfill the project objectives as well. This is because the proposed Project would offer more housing opportunities and a diversity of land uses for future Ukiah residents.

Pursuant to CEQA requirements, Alternative 2 would be considered the environmentally superior alternative; however, the 2040 General Plan would offer benefits that would not be achieved by Alternative 2, primarily housing opportunities and a diversity of land uses.

Statement of Overriding Considerations
CEQA requires decision makers to balance the benefits of the proposed Project against its unavoidable environmental risks when determining whether to approve the Project. If the benefits of the Project outweigh the unavoidable adverse effects, those effects may be considered "acceptable" (CEQA Guidelines Section 15093[a]). CEQA requires the lead agency to support, in writing, the specific reasons for considering a project acceptable when significant impacts are infeasible to mitigate. Such reasons must be based on substantial evidence in the Final EIR or elsewhere in the administrative record (CEQA Guidelines Section 15093[b]). The agency's statement is referred to as a "Statement of Overriding Considerations." The following sections provide a description of each of the Project's significant and unavoidable impacts and the justification for adopting a statement of overriding considerations.

For the following reasons, the City Council finds that the economic, social, technological or other benefits of the Project outweigh the significant and unavoidable air quality, greenhouse gas emissions, cultural resources and noise impacts and identified in the EIR. The City finds that each of the benefits set forth below in this Statement constitutes a separate and independent ground for finding that the benefits of the proposed plans outweigh the risks of their potential significant adverse environmental impacts. The benefits of the proposed General Plan Update are as follows:
 Under State law, the City must adopt a General Plan which is its long-term framework or “constitution” for future growth and development. The general plan represents the community’s aspiration for its future growth and development. The general plan contains the goals and policies upon which the City Council and Planning Commission will base their land use decisions.
 The City has prepared the update to refine the General Plan, address emerging trends and recent State laws, consider new issues, and remove and/or consolidate implementation measures. This effort is a comprehensive overhaul of the existing General Plan. This allows the City to implement best practices in planning to ensure Ukiah is resilient to future risks while also improving quality of life.  The 2040 General Plan was shaped by an extensive public outreach process that engaged the community and decision-makers. The City hosted a series of community workshops, online forums, stakeholder interviews, and Planning Commission and City Council meetings. The 2040 General Plan was developed with all this public input and consideration.
 The 2040 General Plan would achieve a number of economic benefits that address both City and regional goals for fiscal sustainability, housing supply and affordability,

enhancement of public infrastructure and facilities and improved quality of employment opportunities (as demonstrated through the Project’s Objectives listed above).  The 2040 General Plan reflects the stated vision, goals and objectives of the City of Ukiah.
 The 2040 General Plan will ensure orderly development patterns to accommodate projected increases in population through buildout of the General Plan by providing strategic land use designations that avoid or minimize land use conflicts.  The 2040 General Plan will maximize and broaden the City’s sales tax base by providing local and regional tax-generating uses.
 Through numerous legislative actions in the past several years, the State of California has identified the lack of housing as a significant area of public concern, leading to an unsustainable lack of housing affordability, increased homelessness, social stress related to increased poverty and a reduction in economic prosperity for many state residents.

The 2040 General Plan will provide a variety of housing opportunities with a range of densities, styles, sizes and values that will be designed to satisfy existing and future demand for quality housing in the area, and aid in achieving the City’s regional housing needs allocation (RHNA).

The City Council finds that any one or more of these overriding considerations would have been sufficient to outweigh adverse impacts. As the CEQA Lead Agency for the proposed action, the City Council has carefully reviewed the Project and the alternatives presented in the EIR, and fully understands the Project and Project alternatives. Further, this City Council finds that all potential adverse environmental impacts and all feasible mitigation measures to reduce the impacts from the Project have been identified in the Draft EIR, the Final EIR and public testimony. On balance, the City finds that there are specific considerations associated with The 2040 General Plan that serve to override and outweigh the Project’s significant unavoidable impacts. Therefore, pursuant to CEQA Guidelines Section 15093(b), these adverse effects are considered acceptable.

EXHIBIT B
CITY OF UKIAH 2040 GENERAL PLAN UPDATE MITIGATION, MONITORING AND REPORTING PROGRAM Mitigation Measure Implementation
Responsibility
Monitoring & Reporting Responsibility Timing
Date Implemented Notes
Air Quality AQ-1: Implement BAAQMD and MCAQMD Basic Construction Mitigation MeasuresTo reduce fugitive dust emissions from the construction of individual projects, the City shall require that future projects implement the BAAQMD and MCAQMD Basic Construction Mitigation Measures. These include, but are not limited to, the following:
 All exposed surfaces (e.g., parking areas, staging
areas, soil piles, graded areas, and unpaved access roads) shall be watered two times a day.  All haul trucks transporting soil, sand, or other
loose material off-site shall be covered.
 All visible mud or dirt track-out onto adjacent
public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.  All vehicle speeds on unpaved roads shall be
limited to 15 miles per hour.
 All roadways, driveways, and sidewalks to be
paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.  Idling times shall be minimized either by shutting
equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California Airborne Toxics Control Measure Title 13, Section 2485 of California Code of Regulations). Clear signage shall be provided for construction workers at all access points.

Developer/Applicant Developer/Applicant
City Community Development Department
During Construction

Mitigation Measure Implementation
Responsibility
Monitoring & Reporting Responsibility Timing
Date Implemented Notes
 All construction equipment shall be maintained
and properly tuned in accordance with manufacture’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper conditions prior to operation.  Post a publicly visible sign with the telephone
number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s number shall also be visible to ensure compliance with applicable regulations.

AQ-2: Implement Measures to Reduce Operational EmissionsPrior to discretionary approval by the City of Ukiah for development projects subject to CEQA review (i.e., non-exempt projects), a screening assessment shall be performed by the City using the screening criteria from the 2017 BAAQMD CEQA Air Quality Guidelines. If the project exceeds the screening size by land use type, the project applicant shall prepare and submit a technical assessment to the City for review and approval, which evaluates potential project-related operational air quality impacts. The evaluation shall be prepared in conformance with BAAQMD methodology in assessing air quality impacts. If operation-related air pollutants are determined to have the potential to exceed the BAAQMD-adopted thresholds of significance, the City shall require that applicants for new development projects incorporate mitigation measures to reduce air pollutant emissions during operational activities. The identified measures shall be included as part of the conditions of approval. Possible mitigation measures to reduce long-term emissions could include, but are not limited to the following:
 For site-specific development that requires
refrigerated vehicles, the planning documents shall demonstrate an adequate number of City Community Development Department Developer/Applicant Developer/Applicant City Community Development Department Prior to Project Approval

Mitigation Measure Implementation
Responsibility
Monitoring & Reporting Responsibility Timing
Date Implemented Notes
electrical service connections at loading docks for plug-in of the anticipated number of refrigerated trailers, to reduce idling time and emissions.  Applicants for manufacturing and light industrial
uses shall consider energy storage and combined heat and power in appropriate applications to optimize renewable energy generation systems and avoid peak energy use.  Site-specific developments with truck delivery and
loading areas and truck parking spaces shall include signage as a reminder to limit idling of vehicles while parked for loading/unloading in accordance with California Air Resources Board Rule 2845 (13 California Code of Regulations Chapter 10 Section 2485).  Provide changing/shower facilities as specified in
Section A5.106.4.3 of the CalGreen Code (Nonresidential Voluntary Measures).  Provide bicycle parking facilities pursuant to
Section A4.106.9 (Residential Voluntary Measures) of the CalGreen Code.  Provide preferential parking spaces for lowemitting, fuel-efficient, and carpool/van vehicles per Section A5.106.5.1 of the CalGreen Code (Nonresidential Voluntary Measures).  Provide facilities to support electric charging
stations pursuant to Section A5.106.5.3 (Nonresidential Voluntary Measures) and Section A5.106.8.2 (Residential Voluntary Measures) of the CalGreen Code.  Applicant-provided appliances (e.g., dishwashers,
refrigerators, clothes washers, and dryers) shall be Energy Star–certified appliances or appliances of equivalent energy efficiency. Installation of Energy Star–certified or equivalent appliances shall be verified by Building & Safety during plan check.

Mitigation Measure Implementation
Responsibility
Monitoring & Reporting Responsibility Timing
Date Implemented Notes
 Applicants for future development projects along
existing and planned transit routes shall coordinate with the City and County to ensure that bus pad and shelter improvements are incorporated, as appropriate.

AQ-3: Conduct Construction Health Risk AssessmentFor individual projects (excluding accessory dwelling units, single-family residences, and duplexes) where construction activities would occur within 1,000 feet of sensitive receptors, would last longer than two months, and would not utilize Tier 4 and/or alternative fuel construction equipment, the project applicant shall prepare a construction health risk assessment (HRA) prior to project approval. The HRA shall determine potential risk and compare the risk to the following BAAQMD thresholds:
 Non-compliance with Qualified Community Risk
Reduction Plan;
 Increased cancer risk of > 10.0 in a million;  Increased non-cancer risk of > 1.0 Hazard Index (Chronic or Acute); or
 Ambient PM2.5 increase of > 0.3 µg/m3 annual
average
If risk exceeds the thresholds, measures such as requiring the use of Tier 4 and/or alternative fuel construction equipment shall be incorporated to reduce the risk to appropriate levels.

Developer/Applicant City Community
Development Department
Prior to Project Approval or Construction
Biological Resources BIO-1: Recommended Policy for Biological Resource Assessment The City shall implement the following policy into Ukiah 2040:

Policy ENV-4.9: Biological Resource Assessment. The City shall require that new development proposed in or adjacent to ecologically sensitive areas, to complete a siteDeveloper/Applicant City Community Development Department Qualified Biologist Prior to Project Approval or Construction

Mitigation Measure Implementation
Responsibility
Monitoring & Reporting Responsibility Timing
Date Implemented Notes
specific biological resource assessment prepared by a qualified biologist that establishes the existing resources present.

BIO-2: Pre-Construction Bird Surveys, Avoidance, and NotificationFor construction activities initiated during the bird nesting season (February 1 – September 15), involving removal of vegetation, abandoned structures, man-made features, or other nesting bird habitat, a pre-construction nesting bird survey shall be conducted no more than 14 days prior to initiation of ground disturbance and vegetation removal. The nesting bird pre-construction survey shall be conducted on foot and shall include a buffer around the construction site at a distance determined by a qualified biologist. The survey shall be conducted by a qualified biologist familiar with the identification of avian species known to occur in the Mendocino Region. If nests are found, an avoidance buffer shall be determined by the biologist dependent upon the species, the proposed work activity, and existing disturbances associated with land uses outside of the site. The buffer shall be demarcated by the biologist with bright orange construction fencing, flagging, construction lathe, or other means to demarcate the boundary. All construction personnel shall be notified of the buffer zone and to avoid entering the buffer zone during the nesting season. No ground disturbing activities shall occur within the buffer until the biologist has confirmed that breeding/nesting is completed and the young have fledged the nest. Encroachment into the buffer shall occur only at the discretion of the qualified biologist on the basis that the encroachment will not be detrimental to an active nest. A report summarizing the pre-construction survey(s) shall be prepared by a qualified biologist and shall be submitted to the City prior to the commencement of construction activities.

Developer/Applicant City Community
Development Department Qualified Biologist
14 days Prior to Construction Activities Occurring February 1- September 15

Mitigation Measure Implementation
Responsibility
Monitoring & Reporting Responsibility Timing
Date Implemented Notes
Project site plans shall include a statement acknowledging compliance with the federal MBTA and California Fish and Game Code that includes avoidance of active bird nests and identification of Best Management Practices to avoid impacts to active nests, including checking for nests prior to construction activities during February 1 to September 15, and what to do if an active nest is found so that the nest is not inadvertently impacted during grading or construction activities. BIO-3: Roosting Bat Surveys and Avoidance Prior to Removal Prior to tree and structure removal, a qualified biologist shall conduct a focused survey of all trees and structures to be removed or impacted by construction activities to determine whether active roosts of special-status bats are present on site. Tree or structure removal shall be planned for either the spring or the fall, and timed to ensure both suitable conditions for the detection of bats and adequate time for tree and/or structure removal to occur during seasonal periods of bat activity exclusive of the breeding season, as described below. Trees and/or structures containing suitable potential bat roost habitat features shall be clearly marked or identified. If no bat roosts are found, the results of the survey will be documented and submitted to the City within 30 days of the survey, after which no further action will be required. If day roosts are present, the biologist shall prepare a site-specific roosting bat protection plan to be implemented by the contractor following the City’s approval. The plan shall incorporate the following guidance as appropriate:
 When possible, removal of trees/structures
identified as suitable roosting habitat shall be conducted during seasonal periods of bat activity, including the following:

Developer/Applicant City Community
Development Department Qualified Biologist
Prior to Tree and/or Structure Removal

Mitigation Measure Implementation
Responsibility
Monitoring & Reporting Responsibility Timing
Date Implemented Notes
 Between September 1 and about October 15, or
before evening temperatures fall below 45 degrees Fahrenheit and/or more than 0.5 inch of rainfall within 24 hours occurs.  Between March 1 and April 15, or after evening
temperatures rise above 45 degrees Fahrenheit and/or no more than 0.5 inch of rainfall within 24 hours occurs.  If a tree/structure must be removed during the
breeding season and is identified as potentially containing a colonial maternity roost, then a qualified biologist shall conduct acoustic emergence surveys or implement other appropriate methods to further evaluate if the roost is an active maternity roost. Under the biologist’s guidance, the contractor shall implement measures similar to or exceeding the following:
 If it is determined that the roost is not an active
maternity roost, then the roost may be removed in accordance with the other requirements of this measure.  If it is found that an active maternity roost of a
colonial roosting species is present, the roost shall not be disturbed during the breeding season (April 15 to August 31).  Tree removal procedures shall be implemented
using a two-step tree removal process. This method is conducted over two consecutive days and works by creating noise and vibration by cutting non-habitat branches and limbs from habitat trees using chainsaws only (no excavators or other heavy machinery) on day one. The noise and vibration disturbance, together with the visible alteration of the tree, is very effective in causing bats that emerge nightly to feed to not return to the roost that night. The remainder of the tree is removed on day two.

Mitigation Measure Implementation
Responsibility
Monitoring & Reporting Responsibility Timing
Date Implemented Notes
 Prior to the demolition of vacant structures within
the project site, a qualified biologist shall conduct a focused habitat assessment of all structures to be demolished. The habitat assessment shall be conducted enough in advance to ensure the commencement of building demolition can be scheduled during seasonal periods of bat activity (see above), if required. If no signs of day roosting activity are observed, no further actions will be required. If bats or signs of day roosting by bats are observed, a qualified biologist will prepare specific recommendations such as partial dismantling to cause bats to abandon the roost, or humane eviction, both to be conducted during seasonal periods of bat activity, if required.

If the qualified biologist determines a roost is used by a large number of bats (large hibernaculum), bat boxes shall be installed near the project site. The number of bat boxes installed will depend on the size of the hibernaculum and shall be determined through consultation with CDFW. If a maternity colony has become established, all construction activities shall be postponed within a 500-foot buffer around the maternity colony until it is determined by a qualified biologist that the young have dispersed. Once it has been determined that the roost is clear of bats, the roost shall be removed immediately.

BIO-4: Bird Safe Design Development shall incorporate bird-friendly building materials and design features, including but not limited to the following:

There are no “see through” passageways or corners.
 Outside lighting is appropriately shielded and
directed to minimize attraction to night migrating or nocturnal birds.

Developer/Applicant Developer/Applicant
City Community Development Department
Prior to Project Approval/Construction

Mitigation Measure Implementation
Responsibility
Monitoring & Reporting Responsibility Timing
Date Implemented Notes
 Interior lighting is turned off at night if not in use and designed to minimize light escaping through windows during night operation.  Landscaping is designed without features known
to increase collisions.

The City shall review and approve the bird-friendly building materials and design features prior to project approval.

Cultural Resources CUL-1: Historical Resources Study Program The City shall require project applicants for discretionary projects to investigate the potential to impact historical resources. For a project involving a property that contains buildings structures, objects, sites, landscape/site plans, or other features that are 50 years of age or older, a historical resources study shall be conducted to determine if the project would demolish or otherwise alter the characteristics that make a historical resource eligible for inclusion in the CRHR. The study shall, at a minimum, be conducted by a qualified professional meeting the Secretary of the Interior’s (SOI) Professional Qualifications Standard (PQS) for architectural history (NPS 1983). The study shall include a pedestrian survey of the project site and background research including a records search at the Northwest Information Center (NWIC), building permit research, and/or research with the local historical society(ies). The subject property(ies) and/or structures shall be evaluated for federal (as applicable), and state significance on California Department of Parks and Recreation 523 series forms, included as an appendix to the study. If historical impacts are identified, the study shall include recommendations to avoid or reduce impacts on historical resources and the project sponsor shall implement the recommendations or conduct additional environmental review. Application of mitigation shall Developer/Applicant Qualified
Professional City Community Development Department
Prior to Project Approval

Mitigation Measure Implementation
Responsibility
Monitoring & Reporting Responsibility Timing
Date Implemented Notes
generally be overseen by a qualified architectural historian or historic architect meeting the PQS, unless unnecessary in the circumstances (e.g., preservation in place). In conjunction with any development application that may affect the historical resource, a report identifying and specifying the treatment of character-defining features and construction activities shall be provided to the implementing agency for review. Efforts shall be made to the greatest extent practical to ensure that the relocation, rehabilitation, or alteration of the resource is consistent with the Secretary of the Interior’s Standards for the Treatments of Historic Properties (Standards). In accordance with CEQA, a project that has been determined to conform with the Standards generally would not cause a significant adverse direct or indirect impact to historical resources (14 CCR Section 15126.4(b)(1)). Application of the Standards shall be overseen by a qualified architectural historian or historic architect meeting the PQS. In conjunction with any development application that may affect the historical resource, a report identifying and specifying the treatment of characterdefining features and construction activities shall be provided to the implementing agency for review and concurrence. If significant historical resources are identified on a development site and compliance with the Standards and/or avoidance is not possible, appropriate sitespecific mitigation measures shall be established and undertaken. Mitigation measures may include documentation of the historical resource in the form of a Historic American Building Survey (HABS) report. The report shall comply with the Secretary of the Interior’s Standards for Architectural and Engineering Documentation and shall generally follow the HABS Level III requirements, including digital photographic recordation, detailed historic narrative report, and compilation of historic research. The documentation

Mitigation Measure Implementation
Responsibility
Monitoring & Reporting Responsibility Timing
Date Implemented Notes
shall be completed by a qualified architectural historian or historian who meets the PQS and submitted to the implementing agency prior to issuance of any permits for demolition or alteration of the historical resource. Copies of the report shall be provided to a local library and/or other appropriate repositories. CUL-2: Archaeological Resources Study Program The City shall require project applicants for discretionary projects to investigate the potential to disturb archaeological resources. If preliminary reconnaissance suggests that cultural resources may exist, a Phase I cultural resources study shall be performed by a qualified professional meeting the Secretary of the Interior’s (SOI) Professional Qualifications Standard (PQS) for archaeology (NPS 1983). A Phase I cultural resources study shall include a pedestrian survey of the project site and sufficient background research and, as necessary, field sampling to determine whether archaeological resources may be present. Archival research shall include a records search at the Northwest Information Center (NWIC) and a Sacred Lands File (SLF) search with the Native American Heritage Commission (NAHC), and coordination with Native American tribes listed by the NAHC. The Phase I technical report documenting the study shall include recommendations to avoid or reduce impacts on archaeological resources, such as establishing environmentallysensitive areas excluded from project activities, archaeological and/or Native American monitoring, or redesign of the project to avoid known cultural resources. The project sponsor shall implement the recommendations prior to and during construction.

Developer/Applicant Developer/Applicant
City Community Development Department
Prior to Project Approval/Construction
Greenhouse Gas Emissions GHG-1: Adopt and Implement a CEQA GHG Emissions Threshold

Mitigation Measure Implementation
Responsibility
Monitoring & Reporting Responsibility Timing
Date Implemented Notes
The City shall include and implement a new 2040 General Plan policy under the Environment and Sustainability Element to prepare, adopt, and implement a CEQA GHG Emissions threshold of significance. The City shall adopt the CEQA GHG Emissions threshold of significance by Fall 2024 for use in future CEQA GHG emissions analyses through 2030. In addition, upon completion of future CAP updates and as necessary, the City shall update the CEQA GHG Emissions threshold of significance and Ukiah CEQA GHG Checklist to be consistent with each CAP update.

City Community Development Department
City Community Development Department City Council
By Fall of 2024
GHG-2: Update Ukiah CAP to the State’s 2030 and 2045 GHG Emissions GoalsThe City shall update the Ukiah CAP by Fall 2024 to outline how Ukiah will meet the State’s 2030 goal of 40 percent below 1990 emissions levels and 2045 goal of carbon neutrality. Implementation measures in the updated CAP to achieve the 2030 and 2045 goals may include, but are not limited to, the following:
 Develop and adopt Zero Net Energy requirements
for new and remodeled residential and nonresidential development;  Develop and adopt a building electrification
ordinance for existing and proposed structures;
 Expand charging infrastructure and parking for
electric vehicles;
 Implement carbon sequestration by expanding the
urban forest, participating in soil-based or compost application sequestration initiatives, supporting regional open space protection, and/or incentivizing rooftop gardens; and  Implement policies and measures included in the
California 2017 Climate Change Scoping Plan, such as mobile source strategies for increasing clean transit options and zero emissions vehicles by providing electric vehicle charging stations.

City Community Development Department
City Community Development Department City Council
By Fall of 2024

Mitigation Measure Implementation
Responsibility
Monitoring & Reporting Responsibility Timing
Date Implemented Notes
NoiseNOI-1: Construction Noise Reduction MeasuresThe following measures to minimize exposure to construction noise shall be included as standard conditions of approval for applicable projects involving construction:
 Mufflers. During excavation and grading
construction phases, all construction equipment, fixed or mobile, shall be operated with closed engine doors and shall be equipped with properly operating and maintained mufflers consistent with manufacturers’ standards.  Stationary Equipment. All stationary
construction equipment shall be placed so that emitted noise is directed away from the nearest sensitive receivers.  Equipment Staging Areas. Equipment staging
shall be located in areas that will create the greatest distance feasible between constructionrelated noise sources and noise-sensitive receivers.  Smart Back-up Alarms. Mobile construction
equipment shall have smart back-up alarms that automatically adjust the sound level of the alarm in response to ambient noise levels. Alternatively, back-up alarms shall be disabled and replaced with human spotters to ensure safety when mobile construction equipment is moving in the reverse direction.  Signage. For the duration of construction, the
applicant or contractor shall post a sign in a construction zone that includes contact information for any individual who desires to file a noise complaint.  Temporary Noise Barriers. Erect temporary
noise barriers, where feasible, when construction
Developer/Applicant Developer/Applicant
City Community Development Department
Project Approval During Construction

Mitigation Measure Implementation
Responsibility
Monitoring & Reporting Responsibility Timing
Date Implemented Notes
noise is predicted to exceed the acceptable standards (e.g., 80 dBA Leq at residential receivers during the daytime) and when the anticipated construction duration is greater than is typical (e.g., two years or greater). Temporary noise barriers shall be constructed with solid materials (e.g., wood) with a density of at least 1.5 pounds per square foot with no gaps from the ground to the top of the barrier. If a sound blanket is used, barriers shall be constructed with solid material with a density of at least 1 pound per square foot with no gaps from the ground to the top of the barrier and be lined on the construction side with acoustical blanket, curtain or equivalent absorptive material rated sound transmission class (STC) 32 or higher.

NOI-2: Construction Vibration Control Plan Prior to issuance of a building permit for a project requiring pile driving during construction within 135 feet of fragile structures such as historical resources, 100 feet of non-engineered timber and masonry buildings (e.g., most residential buildings), or within 75 feet of engineered concrete and masonry (no plaster); or a vibratory roller within 25 feet of any structure, the project applicant shall prepare a noise and vibration analysis to assess and mitigate potential noise and vibration impacts related to these activities. This noise and vibration analysis shall be conducted by a qualified and experienced acoustical consultant or engineer. The vibration levels shall not exceed FTA architectural damage thresholds (e.g., 0.12 in/sec PPV for fragile or historical resources, 0.2 in/sec PPV for non-engineered timber and masonry buildings, and 0.3 in/sec PPV for engineered concrete and masonry). If vibration levels would exceed this threshold, alternative uses such as drilling piles as opposed to pile driving, and static rollers as opposed to vibratory rollers shall be used. If necessary, construction Developer/Applicant City Community
Development Department
Prior to Issuance of Building Permit

Mitigation Measure Implementation
Responsibility
Monitoring & Reporting Responsibility Timing
Date Implemented Notes
vibration monitoring shall be conducted to ensure vibration thresholds are not exceeded. Tribal Cultural Resources TCR-1: Avoidance of Tribal Cultural Resources When feasible, development facilitated by the project shall be designed to avoid known tribal cultural resources. Any tribal cultural resource within 60 feet of planned construction activities shall be protected by establishing an Environmentally Sensitive Area (ESA) that would be fenced, or otherwise protected to ensure avoidance. The feasibility of avoidance of tribal cultural resources shall be determined by the City and applicants in consultation with local California Native American tribe(s).

Developer/Applicant City Community
Development Department Local Native American Tribes
Prior to Project Approval/Construction
TCR-2: Unanticipated Discovery If previously unidentified tribal cultural resources are encountered during project implementation, altering the materials and their stratigraphic context shall be avoided and work shall halt immediately. Project personnel shall not collect, move, or disturb cultural resources. A representative from a locally-affiliated Native American Tribe shall be contacted to evaluate the resource and prepare a tribal cultural resources plan identifying methods necessary to protect the resource, in consultation with the City.

Developer/Applicant City Community
Development Department Local Native American Tribes
Prior to Project Approval/Construction
Wildfire WFR-1: Construction Wildfire Risk Reduction The City shall require the following measures during project construction:

1. Construction activities with potential to ignite
wildfires shall be prohibited during red-flag warnings issued by the National Weather Service for the site. Example activities include welding and grinding outside of enclosed buildings.

Developer/Applicant Developer/Applicant
City Community Development Department
During Project Construction

Mitigation Measure Implementation
Responsibility
Monitoring & Reporting Responsibility Timing
Date Implemented Notes

2. Fire extinguishers shall be available onsite
during project construction. Fire extinguishers shall be maintained to function according to manufacturer specifications. Construction personnel shall receive training on the proper methods of using a fire extinguisher.

3. Construction equipment powered by internal
combustion engines shall be equipped with spark arresters. The spark arresters shall be maintained pursuant to manufacturer recommendations to ensure adequate performance.

At the City’s discretion, additional wildfire risk reduction requirements may be required during construction. The City shall review and approve the project-specific methods to be employed prior to building permit approval. WFR-2: Project Design Wildfire Risk Reduction Prior to finalizing site plans, proposed structure locations shall, to the extent feasible given site constraints, be located outside of known landslidesusceptible areas and located at least 50 feet from sloped hillsides. Project landscape plans shall be encouraged to include fire-resistant vegetation native to Mendocino County and/or the local microclimate of the site and prohibit the use of fire-prone species especially non-native, invasive species. Should the project meet the above criteria, no additional measures are necessary. Should the location be within a known landslide area or within 50 feet of a sloped hillside, structural engineering features shall be incorporated into the design of the structure to reduce the risk of damage to the structure from post-fire slope instability resulting in landslides or flooding. These features shall be recommended by a qualified engineer and approved by the City prior to the building permit approval.

Developer/Applicant Developer/Applicant
City Community Development Department
Prior to Project Approval/Construction

Mitigation Measure Implementation
Responsibility
Monitoring & Reporting Responsibility Timing
Date Implemented Notes
Paleontological Resources PAL-1: Retention of Qualified Professional Paleontologist Prior to initial ground disturbance in areas underlain by high sensitivity geologic units (i.e., Quaternary terrace deposits and Plio-Pleistocene sedimentary rocks), the City shall require the project applicant retain a Qualified Professional Paleontologist, as defined by the Society of Vertebrate Paleontology (SVP) (2010), to determine the project’s potential to significantly impact paleontological resources according to SVP (2010) standards. If necessary, the Qualified Professional Paleontologist shall recommend mitigation measures to reduce potential impacts to paleontological resources to a less than significant level.

Developer/Applicant
City Community Development Department Qualified Professional Paleontologist Prior to initial ground disturbance

RESOLUTION NO. 2022-78

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING THE CITY OF UKIAH 2040 GENERAL PLAN
WHEREAS:

1. Government Code Section 65300 requires each legislative body and planning agency to prepare and adopt a comprehensive, long-term general plan for the physical development of the City; and

2. The City of Ukiah General Plan was last comprehensively updated on December 6, 1995 and subsequently amended in 2004 with the Circulation and Transportation Element, in 2019 with certification of the 2019-2027 Housing Element, and in 2019 with the Land Use Element; and

3. In 2019, the City initiated a multi-year process to comprehensively update the General Plan (2040 General Plan) by approving a work plan and schedule, hiring consultants, launching the General Plan website, and commencing public outreach efforts; and

4. The City Council and Planning Commission received periodic briefings from City staff and the consultant team to review input and receive information relevant to the specific topics throughout the 2040 General Plan process; and

5. In accordance with Government Code Section 65302, a comprehensive update to the City’s 2040 General Plan has been prepared to address the eight mandatory elements required by state law, as well as two optional elements (Economic Development and Agriculture); and

6. The 2040 General Plan includes goals, policies, and actions regarding each of these General Plan elements; and

7. The 2040 General Plan carries forward some of the major goals of the 1995 General Plan but has been substantially updated to address current local conditions and community priorities; and

8. The City sent the draft 2040 General Plan to affected public entities and agencies in compliance with state law (Government Code Sections 65302(g)(7), 65302.5, 65302.7, 65352, 65352(a)(9) and Public Utilities Code Section 21676), and, in accordance with Government Code Section 65352.3, contacted California Native American tribes that are on the contact list maintained by the Native America Heritage Commission to invite those tribes to consult on the proposed Draft 2040 General Plan; and

9. The City released the Public Review Draft 2040 General Plan on August 5, 2022 and invited comments by the public; and

10. The City has included a General Plan Errata, dated November 23, 2022, as a part of the 2040 General Plan to summarize changes and revisions that are proposed to the Draft General Plan since its release on August 5, 2022; and
ATTACHMENT 5

11. The City prepared a Draft Environmental Impact Report (DEIR) (SCH#: 2022050556) for the 2040 General Plan that provides a description of potential environmental impacts of the project and recommends mitigation measures to reduce the impacts to a less than significant level, where feasible, and released the DEIR on October 7, 2022 for a 45-day public review and comment period; and

12. On October 20, 2022 the Mendocino County Airport Land Use Commission reviewed the 2040 General Plan for consistency with the Ukiah Municipal Airport Land Use Compatibility Plan (UKIALUCP), in accordance with UKIALUCP Policy 2.2.1(b) and Public Utilities Code Section 21676, and adopted Resolution 22-0006, finding the 2040 General Plan consistent with the UKIALUCP; and

13. On November 9, 2022, the Planning Commission held a duly noticed public hearing on the 2040 General Plan, and considered all written and oral reports of staff and public testimony on the matter, including all written public comments received as of November 9, 2022; and adopted Planning Commission Resolution No. 2022-01, recommending that the City Council adopt the 2040 General Plan; and

14. On November 23, 2022 a Final EIR, incorporating City responses to comments received on the DEIR and any proposed changes as a result of comments received, was prepared and distributed via email to all parties who commented on the DEIR, as well as all interested parties, stakeholders and members of the public maintained on the 2040 General Plan email distribution list; and

15. On December 6, 2022, the California Department of Board and Forestry reviewed and approved the Safety Element of the 2040 General Plan; and

16. On December 7, 2022, the City Council held a duly noticed public hearing on the 2040 General Plan and EIR and considered all written and oral reports of staff and public testimony on the matter, including all written public comments received as of December 7, 2022; and

17. At the December 7, 2022 meeting, Council adopted Resolution No. 2022-77, certifying the EIR, and adopting the Findings and Statement of Overriding Considerations in accordance with CEQA Guidelines 15091 and 15093, as well as the Mitigation, Monitoring and Reporting Program in accordance with CEQA Guidelines 15091.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah hereby adopts the 2040 General Plan to replace the existing General Plan (1995 Ukiah Valley General Plan and Growth Management Program).

PASSED AND ADOPTED this 7th day of December, 2022, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Jim O. Brown, Mayor
ATTEST:
__________________________________
Kristine Lawler, City Clerk

Agenda Item No: 12.a.

MEETING DATE/TIME: 12/7/2022
ITEM NO: 2022-2211

AGENDA SUMMARY REPORT
SUBJECT: Consideration and Acceptance of Contract Pertaining to Wood, Green, and Mixed Organic Waste.

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

1. Clean - Second Amended and Restated Agreement for Receipt of Wood Waste Green Waste and Mixed Organic Waste
Summary: Council will review and consider accepting a revised agreement between Pacific Recycling Solutions ("PRS"), Ukiah Waste Solutions (UWS), and Solid Waste Systems ("SWS"), extending the term of service and addressing mixed organic waste solutions. The City is not a party to the agreement but incorporates it as Exhibit D within its agreements with UWS and SWS for curbside and transfer station solid waste collection and disposal.

Background: Pursuant to contracts between the City of Ukiah, UWS and SWS, preliminary notices of intent were submitted to the City by the Company on August 22, 2022, for adjustments to collection rates for residential and commercial curbside service and rates for Ukiah Transfer Station services. City management evaluated the notice and the underlying analysis, and asked UWS and SWS to consider changes affecting third-party relationships that might reduce the overall effects of the noticed rate increases and ensure the City had a longer-term depository for its mixed organic waste, including wood and green waste. UWS, SWS, and PRS arrived at a solution requiring a revised, new agreement, which the City will incorporate into its separate agreements with UWS and SWS. It is included here as Attachment 1.

Discussion: The effects of this new agreement between UWS, SWS, and PRS, and incorporation into the separate agreements between the City, UWS, and SWS are the following:

1. The First Amended and Restated Agreement for Receipt of Wood Waste and Green Waste between Pacific Recycling Solutions (PRS) and Solid Waste Solutions (SWS) and Ukiah Waste Solutions (UWS) is renamed Second Amended and Restated Agreement for Receipt of Wood Waste, Green Waste and Mixed Organic Waste. This is referenced as Exhibit D in both agreements with the City.

2. The agreement sets forth the terms beginning on January 1, 2023, under which PRS will accept and process mixed organic waste ("MOW") collected by UWS in the City and delivered to the PRS processing facility and green and wood waste delivered by SWS to the PRS facility from the transfer station. The PRS Facility was recently permitted to accept and process MOW, which includes food waste mixed with green waste. Until now, only Cold Creek Compost ("CCC") in Potter Valley was licensed to do this.

3. The current CCC agreement terminates on December 31, 2022. CCC has offered to extend the contract to align with the terms of the current agreements with the City and UWS/SWS at an increased gate fee of $60/ton. When the cost to transport MOW from Ukiah to CCC is added to the proposed gate fee, the cost per ton is approximately $84. This new agreement will set the initial gate fee at the PRS facility for mixed organic waste at $65/ton with no additional cost for transport. The $65 gate fee is substantially less than the cost to use CCC, when transport costs are included.

Like the First Amended agreement, this new agreement provides for annual rate adjustments based on changes in the cost of living and for specified pass-through costs. It also provides for a rate review every five years, when the rates for curbside collection and the transfer station gate fees are reviewed. The first such review under the agreement is in calendar year 2026 with the adjusted rate commencing on January 1, 2027.

The result of this agreement and its recognition as Exhibit D of the agreements between the City, UWS, and SWS will lower the pass through cost for the disposal of green, wood and mixed organic waste that would otherwise apply to the curbside waste collection rates in their absence. As such, the total cost and resulting rates for curbside services to residential customers for mandatory services will be lower than they otherwise would be.

Recommended Action: Accept the attached agreement between Pacific Recycling Solutions, Ukiah Waste Solutions, and Solid Waste Systems, and incorporate the agreement as Exhibit D to the agreements between the City and Ukiah Waste Solutions and Solid Waste Systems.

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Tim Eriksen, Public Works Director; David Rapport, City Attorney; Sage Sangiacomo, City Manager
DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): Exhibit A. Section 3. Solid Waste. Efficient maintenance of solid waste disposal and diversion and mixed organic waste.

1 {00106254.DOCX.2}

SECOND AMENDED AND RESTATED AGREEMENT FOR RECEIPT OF WOOD

WASTE, GREEN WASTE AND MIXED ORGANIC WASTE

THIS SECOND AMENDED AND RESTATED AGREEMENT FOR RECEIPT OF WOOD WASTE, GREEN WASTE AND MIXED ORGANIC WASTE (this “Agreement”) is entered into, effective as of January 1, 2023 (the “Effective Date”), by and among Pacific Recycling Solutions, Inc., a California corporation (“PRS”), Ukiah Waste Solutions, Inc., a California corporation (“UWS”), and Solid Wastes Systems, Inc., a California corporation (“SWS”), each of whom may be referred to as a “Party”, and collectively as the “Parties”.

RECITALS:

A. PRS owns and operates a green waste, wood waste and mixed organic waste processing facilities located 3515 Taylor Drive, Ukiah, California (the “Facility”).

B. The Facility, which is permitted to receive Green Waste, Wood Waste and Mixed Organic Waste, accepts and processes such materials received from SWS and UWS without limit subject to the Facility’s permitted capacity, annually of Materials (as defined below) at the Facility.

C. SWS is party with the City of Ukiah (the “City”) to that certain First Amended and Restated Transfer Station Agreement of even date herewith for the operation of the Ukiah Valley Transfer Station for the receipt, collection, transportation and disposal of municipal, commercial and industrial solid waste (the “TS Agreement”), and UWS is party with the City to that certain First Amended and Restated Waste Collection Agreement for the collection and disposal of solid waste (the “Collection Agreement”), which agreements have been amended and restated, subject to subsequent addenda, to allow for the recycling of Food Waste and Mixed Organic Waste.

D. Prior to the Effective Date, PRS had an Agreement for the receipt of Mixed Organic Waste with Cold Creek Compost, Inc. (“CCC”), dated September 15, 2015 (the “CCC Agreement”), the term of which extends to December 31, 2022. The City in the exercise of its flow control over Green Waste, Wood Waste and Mixed Organic Waste generated within the City has authorized disposition of such material at the Facility after the expiration of the CCC Agreement.

E. The Parties are parties to that certain First Amended and Restated Agreement for Receipt of Wood Waste, Green Waste and Mixed Organic Waste, dated as of October 15, 2017 (“Prior Agreement”).

F. The Parties wish to amend and restate the Prior Agreement on the terms herein effective as of the Effective Date, so that this Agreement shall supersede the Prior Agreement as of the Effective Date, when the Prior Agreement shall cease to have any effect (except for periods prior to the Effective Date).

AGREEMENT:

In consideration of the afore-mentioned recitals and upon the terms and conditions herein set forth, the Parties hereto agree as follows:

ATTACHMENT 1

2 {00106254.DOCX.2}

1. Definitions: The following terms shall have the respective meanings set forth below:
“Green Waste” shall mean green trimmings, grass, weeds, leaves, prunings, branches, dead plants, brush, tree trimmings, dead trees, small wood pieces and other types of organic yard waste, provided that dead trees and branches may not exceed six (6) inches in diameter or four (4) feet in length.
“Food Waste” shall mean food scraps, paper tissues, paper napkins and towels, coffee grounds and filters, pizza boxes, food soiled paper plates and cups, and miscellaneous paper not suitable for recycling that is discarded (as from a commercial or residential property kitchen). “Mixed Organic Waste” shall mean any combination of Green Waste, Wood Waste or Food Waste.
“Wood Waste” shall mean unpainted and untreated lumber and boards. “Materials” shall mean Green Waste, Wood Waste, Food Waste and Mixed Organic Waste. “Process” shall mean handle, grind or chip and recycle (including by composting or anaerobic digestion) Materials.

2. Agreement to Accept Materials: PRS agrees to accept and Process all Materials received at SWS’s transfer station or collected by UWS, as provided for under the TS Agreement and the Collection Agreement, and delivered by SWS or UWS to the Facility, on the terms herein. PRS shall receive and process all such Materials in strict compliance with the permits governing the operation of the Facility.

3. Processing Rates: As consideration for the receipt and proper Processing by PRS of the Materials delivered by SWS and UWS, SWS and UWS shall each pay PRS the following fees: (a) Sixty-Five Dollars ($65.00) per ton for Green Waste and/or Wood Waste received by PRS at the Facility from SWS and UWS, respectively (the “GW Processing Rate”); and (b) Sixty-Five Dollars ($65.00) per ton for Food Waste and/or Mixed Organic Waste received by PRS at the Facility from SWS and UWS, respectively (the “MOW Processing Rate”). The GW Processing Rate and the MOW Processing Rate shall each be adjusted pursuant to Section 4 below. Fees shall be paid by SWS and UWS within thirty (30) days of receipt from PRS of a written invoice detailing the amount of Materials received by PRS for each month.

4. Adjustment of Processing Rates:
(a) Adjustment based on CPI: PRS shall have the right, commencing on January 1, 2024, and annually thereafter, to increase or decrease the GW Processing Rate and the MOW Processing Rate by a percentage equal to the applicable percentage increase or decrease, if any, in the Consumer Price Index, All Urban Consumers, U.S. City Average, All Items (1982-1984=100), published by the United States Department of Labor, Bureau of Labor Statistics (“Index”), for the preceding year, using the Index published for the month nearest the beginning and the month nearest the end of such year. The “applicable percentage” shall be 100% for the GW Processing Rate, and 100% for the MOW Processing Rate. If PRS forgoes the application of a CPI adjustment

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in any year, that adjustment will be treated as a zero increase (decrease) in subsequent years and shall not be retroactively recouped.
(b) Adjustment for Government Impositions: Notwithstanding any other provision herein, to the extent any government having jurisdiction over the Facility should impose any fee, tax or other charge (“Government Imposition”) on the Facility associated with the Processing of Materials, the GW Processing Rate and/or the MOW Processing Rate, as the case may be, shall be increased by the amount of such Government Imposition, either at the per ton rate of such Imposition or if such Government Imposition is not assessed on a per ton basis, in the proportion that the total tonnage of relevant Materials PRS reasonably projects to accept from SWS and UWS during the period for which the Government Imposition will pertain compared with other users of the Facility. On each adjustment of the GW Processing Rate and/or the MOW Processing Rate, PRS shall deliver to SWS and UWS written notice stating the adjusted GW Processing Rate and/or MOW Processing Rate.
(c) Five Year Review: During calendar year 2026 and every five (5) years thereafter, the Parties and the City shall review the GW Processing Rate and the MOW Processing Rate to determine to what extent, if any, changes in the market value for Green Waste, Wood Waste and Mixed Organic Waste and attendant disposal and processing costs warrant an adjustment in the GW Processing Rate and/or the MOW Processing Rate to account for such changes if receiving, transfer and processing costs have become substantially more or less and/or the income produced from processed material has substantially increased or decreased during the initial five (5)-year period since the Effective Date or during the five (5)-year period since the last rate review, the GW Processing Rate and/or the MOW Processing Rate shall be adjusted to account for these changes starting on January 1, 2027, and every five (5) years thereafter based upon the applicable five (5)- year review.

5. Term of Agreement: This Agreement shall expire as to each of SWS and UWS on the expiration of the TS Agreement or the Collection Agreement, respectively, including extensions, subject to earlier termination, as follows. PRS, on the one hand, and either of SWS or UWS, on the other, shall be entitled to terminate this Agreement in the event of the other Party’s material breach hereof unless such breach is cured within thirty (30) days after written notice thereof. This Agreement shall terminate automatically as to any Party in the event of such Party’s insolvency, bankruptcy, assignment for the benefit of creditors or other debt reorganization unless, in the case of bankruptcy, the petition is removed or withdrawn within thirty (30) days.

6. Type of Waste: PRS shall only accept, and SWS and UWS shall only be entitled to provide, Materials not containing any prohibited substances or hazardous waste. PRS shall be entitled to inspect the Materials and reject and/or return to SWS or UWS any Materials that are not in conformance with the standards set forth herein. Notice of rejection of non-conforming Materials shall be given in writing prior to the close of business on the day PRS receives such non-conforming Materials at the Facility. Failure to provide written notice in accordance with the terms of the preceding sentence shall forfeit PRS’s right to reject such non-conforming Materials. SWS or UWS, as the case may be, shall bear all costs associated with inspecting, testing and rejecting any non-conforming Materials. Each Party agrees to comply with all laws applicable to such Party in the performance of its duties hereunder.

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7. Amount of Waste to be Delivered: SWS and UWS shall deliver an aggregate maximum of 100 tons or any greater amount per day of Materials to the Facility as authorized by the Facility’s permits.

8. Time of Delivery: SWS and UWS shall be entitled to deliver Materials to the Facility six (6) days a week, Monday thru Saturday during normal operating hours.

9. Binding Effect: This Agreement shall be binding upon and inure to the benefit of the successors and assigns of SWS, UWS and PRS.

10. Attorney’s Fees: If any litigation is commenced between PRS and SWS or PRS and UWS to collect any sums due under this Agreement, or concerning any provisions of this Agreement, the prevailing Party in such litigation shall be entitled, in addition to such other relief deemed appropriate by the court, to reasonable attorney’s fees and expenses incurred in connection with such litigation.

11. Confidentiality: No Party shall disclose the GW Processing Rate or the MOW Processing Rate to any person except with the express written permission of the other Parties, which permission shall not be unreasonably withheld. Without limiting the generality of the foregoing, PRS shall agree to allow SWS or UWS to disclose such Processing Rates as may be reasonably requested or required by the City under the TS Agreement or the Collection Agreement.

12. Counterparts: This Agreement may be executed in counterparts and shall be effective when fully executed by all of the Parties. The Parties agree to accept signatures transmitted by facsimile.

13. Third Party Beneficiaries: The City shall be deemed a third party beneficiary of this Agreement with all of the rights of a Party to enforce the terms of this Agreement.

14. Assignment: No assignment of this Agreement can be made without the prior written approval of the City and may be assumable by the City, exercising its rights under Section 11 of each of the Waste Collection Agreement or the TS Agreement.

15. Entire Agreement: This Agreement, and the documents and agreements to be delivered hereunder and incorporated by reference herein, constitute the full and entire understanding and agreement between the Parties with respect to the subject matter hereof and thereof, and supersede all prior understandings, agreements or representations by or among the Parties, written or oral, to the extent they relate to the subject matter hereof or thereof the transactions contemplated herein or therein, including, without limitation, the Prior Agreement.

16. Amendment: No modifications, amendments or supplements to this Agreement or the defined terms incorporated by reference into this Agreement, whether by course of conduct or otherwise, shall be valid and binding unless set forth in a written agreement executed and delivered by each of the Parties hereto.

17. Governing Law and Jurisdiction: This Agreement, and all disputes and controversies arising out of or relating to this Agreement or the transactions contemplated

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hereby, including the interpretation or validity of its provisions, the performance or enforcement of its terms, or a breach or termination hereof, whether in contract, tort, equity or otherwise (“Disputes”), shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of California.

18. WAIVER OF JURY TRIAL: EACH OF THE PARTIES HERETO

KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHTS IT MAY

HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR

ARISING OUT OF, UNDER, OR IN CONNECTION WITH, THIS AGREEMENT OR THE

CONTEMPLATED TRANSACTIONS, OR ANY COURSE OF CONDUCT, COURSE OF

DEALING OR STATEMENTS (WHETHER VERBAL OR WRITTEN) RELATING TO THE FOREGOING. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES TO ENTER INTO THIS AGREEMENT.

Remainder of page intentionally left blank;
Signatures on next page.]

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IN WITNESS WHEREOF, this Agreement is entered into as of the date first set forth above.

PACIFIC RECYCLING SOLUTIONS, INC.

By: ______________________________
Its: ______________________________
SOLID WASTES SYSTEMS, INC.

By: ______________________________
Its: ______________________________
UKIAH WASTE SOLUTIONS, INC.

By: ______________________________
Its: ______________________________

Agenda Item No: 12.b.

MEETING DATE/TIME: 12/7/2022
ITEM NO: 2022-2212

AGENDA SUMMARY REPORT
SUBJECT: Determination of Notification of Intent to Adjust Curbside Collection and Transfer Station Service Rates in Compliance with Solid Waste Contracts.

DEPARTMENT: Finance PREPARED BY: Dan Buffalo, Finance Director, Sage Sangiacomo, City Manager
PRESENTER: Dan Buffalo, Director of Finance
ATTACHMENTS:

1. SWS Annual Adjustment

2. UWS Annual Adjustment, 2023
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 the "Company"), preliminary notices of intent were submitted to the City by the Company on August 22, 2022, for adjustments to collection rates for residential and commercial curbside service and rates for Ukiah Transfer Station services. These notices are allowed by contract annually, and any subsequent adjustments to rates are applied to the next calendar year. Corresponding notices are further detailed in the discussion section and included as attachments to this report.

Discussion: The Finance Department was tasked to review the methodology and supporting materials used by the Company to arrive at the proposed rate adjustments to evaluate its conformity with contract requirements. As required by contract and following Finance's review, the City Manager reviewed the notices of intent from the Company received August 22, 2022. The City requested Company revisit certain elements of its rate adjustment analysis and resubmit a revised analysis to the City Manager, which was received and attached here (Attachments 1 and 2). This delayed an earlier presentation to City Council but nonetheless still allows the rate adjustments to take effect by January 1, 2023.

Requested changes made by the Company result in modifications to pricing of all services. Notably, these changes help to address the effects on service costs of significantly rising inflation for both the Company and city customers by more equitably distributing such costs to the customer base.

For both curbside and transfer station services, the regular cost elements under review consist of changes to the following:

Curbside collection costs:
-fuel
-landfill disposal fees for garbage
-landfill disposal fees for mixed organic waste

-recycling processing costs
-operating costs affected by inflation (CPI-u)
-five-year financial review (independent CPA services)
-mitigation costs
Transfer Station costs:
-fuel
-disposal and processing costs of garbage and recycling -property tax based on tonnage
-operating costs affected by inflation (CPI-u)
The consumer price index (CPI-u) used was for the San Francisco-Oakland-San Jose area, which is the most relevant inflationary metric geographically and the index used for this analysis in the past.

It is important to note that the City is responsible for ensuring the agreement between it and the Company is maintained well and that value is maximized for the citizenry. This is done through a comprehensive annual review process, including examining financials, service delivery, and by comparing our service arrangements to those enjoyed by other sister agencies and neighboring communities.

The determination by the Finance Department and recommendation to the City Manager after review and testing of information provided by the Company is that the financial justifications for rate adjustments are reasonable and justifiable and are consistent with the contractual terms of the agreements. Further, the value provided to the citizenry of Ukiah through the agreements with the Company remains high, offering a quality level of service at a competitive price.

Supporting documentation provided by the Company for Ukiah Transfer Station services and curbside services is attached here as Attachments 1 and 2 respectively.

Recommended Action: Confirm the determination of the City Manager, as reported here, of compliance with the provisions of the agreements between the City of Ukiah and Ukiah Waste Solutions, Inc. and Solid Waste Systems, Inc. regarding the company's notice of intent to adjust curbside collection and transfer station rates.

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Public Works Department

Attachment 1

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Attachment 2

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Agenda Item No: 12.c.

MEETING DATE/TIME: 12/7/2022
ITEM NO: 2022-2222

AGENDA SUMMARY REPORT
SUBJECT: Approval of Award of Contract to Magellan Broadband for Implementation of the “Digital Infrastructure Design and Implementation Plan” in the amount of up to $252,339, Authorize the City Manager to Negotiate and Execute Agreement, and Approve Corresponding Budget Amendments.

DEPARTMENT: Electric Utility PREPARED BY: Jim Robbins, Grants Manager PRESENTER:

Jim Robbins, Grants Manager, Community
Development Department
ATTACHMENTS:

1. Professional Services Agreement Magellan
Summary: Council will consider awarding a contract to Magellan Broadband for implementation of the “Digital Infrastructure Design and Implementation Plan” in the amount of up to $252,339.

Background: The City has been awarded a grant from the California Public Utilities Commission (CPUC) to implement the City of Ukiah Digital Infrastructure Design and Implementation Plan. The project deliverables include: a broadband Asset Inventory; Design Engineering; Technical Grant Assistance; Partner RFP Development; Market Assessment and Gap Analysis; Business Model and Partner Negotiations; and a Report Compilation and Approval Process. The proposed plan seeks to design a local broadband network, address inequities in broadband service, and provide opportunities to access symmetrical 100 Mbps broadband download and upload speeds for households, businesses, and institutions within the city limits.

The CPUC Local Agency Technical Assistance (LATA) Program Grantee Administrative Manual application process requires that grantees provide a proposed contract as part of their application if planning to work with a consultant or community-based organization on the project. The City does not have sufficient staff resources to implement the project on its own, and requested assistance from Magellan Broadband to help develop a proposal following an existing model provided by the City of Fort Bragg, which also submitted a grant proposal to the CPUC. The attached Magellan “Broadband Master Planning” proposal (p. 9 of Attachment 1) formed the core of the City’s application to the CPUC, and it was instrumental in demonstrating to the CPUC that the City had sufficient technical expertise to implement the project within the required timeframe.

Discussion: Given the role of the Magellan proposal in securing State funding, Staff recommends the approval of a sole source contract with Magellan to implement the project (Attachment 1). Similar proposals were solicited from other qualified contractors by the City of Fort Bragg; however, Magellan was the only firm able to respond in the required timeframe. By making use of Fort Bragg’s process, City of Ukiah Staff were able to submit a viable proposal to the CPUC in time to secure funding.

Magellan’s team of advisors has experience working with agencies throughout California to help develop and execute broadband strategies for local communities. They have demonstrated to Staff an understanding of the challenges and opportunities local governments face in gaining a competitive edge for broadband development and bridging the digital divide. Magellan has worked with several communities similar to Ukiah to create actionable strategies that leverage existing infrastructure, develop strategic partnerships, create successful broadband policies, and identify smart investments to enhance services and operations of government, businesses, education and healthcare institutions. Magellan has worked with other local

governments in California on similar projects such as the County of Marin, the County of Napa, the County of Sonoma, the County of Ventura, the County of Fresno, the City of Fremont, the City of South San Francisco, the City of Concord, and the City of San Leandro. Magellan is also working with several other local jurisdictions on LATA-funded projects.

A corresponding budget amendment is being requested in the full amount of the grant award.

Recommended Action: Approve award of contract to Magellan Broadband for implementation of the “Digital Infrastructure Design and Implementation Plan” in the amount of up to $252,339, Authorize the City Manager to negotiate and execute an agreement, and authorize corresponding budget amendments.

BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: 20900000.43209.18391: $0; 20913900.80230.18391: $0

PROPOSED BUDGET
AMOUNT: 20900000.43209.18391: $311,004.85; 20913900.80230.18391: $311,004.85 FINANCING SOURCE: CPUC LATA Grant
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Mary Horger, Financial Services Manager; Cindy Sauers, Electric Utility Director; Ryan Burkhart, IT 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

Std – ProfSvcsAgreement – 2022
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AGREEMENT FOR

PROFESSIONAL CONSULTING SERVICES
This Agreement, made and entered into this _____ day of December, 2022 (“Effective Date”), by and between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City" and MAGELLAN BROADBAND, LLC, a limited liability company organized and in good standing under the laws of the state of Colorado, hereinafter referred to as "Consultant".

RECITALS
This Agreement is predicated on the following facts:
a. City requires consulting services related to broadband master planning for the project titled “City of Ukiah Digital Infrastructure Design and Implementation Plan,” which is being funded by a grant to the City by the California Public Utilities Commission Local Agency Technical Assistance Program (CPUC LATA).
b. Consultant represents that it has the qualifications, skills, and experience and is properly licensed to provide these services, and is willing to provide them according to the terms of this Agreement.
c. City and Consultant agree upon the Scope-of-Work and Work Schedule attached hereto as Attachment "A", describing contract provisions for the project and setting forth the completion dates for the various services to be provided pursuant to this Agreement.

City and Consultant agree upon the Contractor Staff Rates attached hereto as Attachment “B”. City and Consultant agree upon the State agency funding terms and conditions of the CPUC LATA Program Grantee Administrative Manual attached hereto as Attachment “C”.

TERMS OF AGREEMENT

1.0 DESCRIPTION OF PROJECT

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

2.0 SCOPE OF SERVICES

2.1 As set forth in Attachment "A".

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

3.0 CONDUCT OF WORK

3.1 Time of Completion. Consultant shall commence performance of services as required by the Scope-of-Work upon receipt of a Notice to Proceed from City and shall complete such services within 12 months from receipt of the Notice to Proceed. Consultant shall complete the work to the City's reasonable satisfaction, even if contract disputes arise or Consultant contends it is entitled to further compensation.

4.0 COMPENSATION FOR SERVICES
ATTACHMENT 1

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4.1 Basis for Compensation. For the performance of the professional services of this Agreement, Consultant shall be compensated on a time and expense basis not to exceed a guaranteed maximum dollar amount of $252,339. Labor charges shall be based upon hourly billing rates for the various classifications of personnel employed by Consultant to perform the Scope of Work as set forth in the attached Attachment B, which shall include all indirect costs and expenses of every kind or nature, except direct expenses. The direct expenses and the fees to be charged for same shall be as set forth in Attachment B. Consultant shall complete the Scope of Work for the not-toexceed guaranteed maximum, even if actual time and expenses exceed that amount.

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

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

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

5.0 ASSURANCES OF CONSULTANT

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

It is the express intention of the parties hereto that Consultant is an independent contractor and not an employee, joint venturer, or partner of City for any purpose whatsoever. City shall have no right to, and shall not control the manner or prescribe the method of accomplishing those services contracted to and performed by Consultant under this Agreement, and the general public and all governmental agencies regulating such activity shall be so informed.

Those provisions of this Agreement that reserve ultimate authority in City have been inserted solely to achieve compliance with federal and state laws, rules, regulations, and interpretations thereof. No such provisions and no other provisions of this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Consultant and City.

Consultant shall pay all estimated and actual federal and state income and selfemployment taxes that are due the state and federal government and shall furnish and

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pay worker's compensation insurance, unemployment insurance and any other benefits required by law for himself and his employees, if any. Consultant agrees to indemnify and hold City and its officers, agents and employees harmless from and against any claims or demands by federal, state or local government agencies for any such taxes or benefits due but not paid by Consultant, including the legal costs associated with defending against any audit, claim, demand or law suit.

Consultant warrants and represents that it is a properly licensed professional or professional organization with a substantial investment in its business and that it maintains its own offices and staff which it will use in performing under this Agreement.

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

6.0 INDEMNIFICATION

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

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

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

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

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

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

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

1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the

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general aggregate limit shall apply separately to the work performed under this Agreement, or the aggregate limit shall be twice the prescribed per occurrence limit.

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

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

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

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

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

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

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

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

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

E. Acceptability of Insurers
Insurance is to be placed with admitted California insurers with an A.M. Best's rating of no less than A- for financial strength, AA for long-term credit rating and AMB-1 for short-term credit rating.

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

All Certificates and Endorsements are to be received and approved by the City before Consultant begins the work of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. If Consultant fails to provide the coverages required herein, the City shall have the right, but not the obligation, to purchase any or all of them. In that event, the cost of insurance becomes part of the compensation due the contractor after notice to Consultant that City has paid the premium.

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

6.2 Indemnification. Notwithstanding the foregoing insurance requirements, and in addition thereto, Consultant agrees, for the full period of time allowed by law, surviving the

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termination of this Agreement, to indemnify the City for any claim, cost or liability that arises out of, or pertains to, or relates to any negligent act or omission or the willful misconduct of Consultant in the performance of services under this contract by Consultant, but this indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or defects in design by the City, or arising from the active negligence of the City.
“Indemnify,” as used herein includes the expenses of defending against a claim and the payment of any settlement or judgment arising out of the claim. Defense costs include all costs associated with defending the claim, including, but not limited to, the fees of attorneys, investigators, consultants, experts and expert witnesses, and litigation expenses.

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

7.0 CONTRACT PROVISIONS

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

All documents produced by Consultant shall be furnished to City in digital format and hardcopy. Consultant shall produce the digital format, using software and media approved by City.

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

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

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

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

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

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

7.8 Termination. This Agreement may only be terminated by either party: 1) for breach of the Agreement; 2) because funds are no longer available to pay Consultant for services

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provided under this Agreement; or 3) City has abandoned and does not wish to complete the project for which Consultant was retained. A party shall notify the other party of any alleged breach of the Agreement and of the action required to cure the breach. If the breaching party fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time. If terminated for lack of funds or abandonment of the project, the contract shall terminate on the date notice of termination is given to Consultant. City shall pay the Consultant only for services performed and expenses incurred as of the effective termination date. In such event, as a condition to payment, Consultant shall provide to City all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Consultant under this Agreement. Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder, subject to off-set for any direct or consequential damages City may incur as a result of Consultant's breach of contract.

7.9 Execution of Agreement. This Agreement may be executed in duplicate originals, each bearing the original signature of the parties. Alternatively, this Agreement may be executed and delivered by facsimile or other electronic transmission, and in more than one counterpart, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. When executed using either alternative, the executed agreement shall be deemed an original admissible as evidence in any administrative or judicial proceeding to prove the terms and content of this Agreement.

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

CITY OF UKIAH MAGELLAN BROADBAND, LLC
CITY MANAGER’S OFFICE ______________________
300 SEMINARY AVENUE 999 18th Street, Suite 3000
UKIAH, CALIFORNIA 95482-5400 DENVER, CO 80202

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

MAGELLAN BROADBAND, LLC
BY: __________________________ ____________________
Date
PRINT NAME: _________________
__________________
IRS IDN Number

CITY OF UKIAH
BY: ____________________

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Date

CITY MANAGER
ATTEST
____________________
CITY CLERK Date

Broadband Master Planning

CITY OF UKIAH, CA
Prepared for:

Cindy Sauers
Electric Utility Director
[email protected]
707-463-6295
Prepared by:

Jory Wolf
Magellan Broadband
[email protected]
818-312-7768
magellanbroadband.com
PROPOSAL ATTACHMENT A - Proposed Contract LATA Application City of Ukiah

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2 T A B L E O F C O N T E N T S
Magellan Overview ................................................................................................................. 3 Related Experience and References........................................................................................... 9 Project Team..........................................................................................................................15 Scope of Work ........................................................................................................................17 Task 1: Asset Inventory ................................................................................................................. 17 Task 2: Design Engineering ............................................................................................................ 18 Task 3: Technical Grant Assistance ................................................................................................. 21 Task 4: Partner RFP Development and Selection .............................................................................. 21 Task 5: Market Assessment and Gap Analysis.................................................................................. 22 Task 6: Business Model and Partner Negotiations............................................................................ 22 Task 7: Report Compilation and Approval Process ........................................................................... 24 Timetable ...................................................................................................................................... 25 Pricing...................................................................................................................................26

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3 Letter of Transmittal
August 26, 2022
Cindy Sauers
Electric Utility Director
City of Ukiah
Magellan Advisors is pleased to submit this proposal to assist the City of Ukiah in assessing the broadband environment in Ukiah, and developing a conceptual design and plan that will prepare the City to submit qualified, competitive applications for broadband grants anticipated to be released by the end of the calendar year.

Based on your feedback and direction, we have prepared a proposal targeted specifically for your needs and timeline, with interim deliverables including a Conceptual Network Design (30% High Level Design) that will put Ukiah in position a to submit informed, realistic, and competitive grant applications. Working from a possible September 2022 Notice to Proceed, we have streamlined our approach that will enable the City to apply for California SB 156 Last Mile Funding opportunities before the end of calendar year 2022.

Asset Inventory
Design Engineering
Technical Grant Assistance
Partner RFP Development and Evaluation
Market Assessment & Gap Analysis
Business Model and Partner Negotiations
Report Compilation and Approval Process
Magellan provides professional consulting services to local governments that want to develop effective broadband and Smart City strategies that are unique to their communities and are based on real-world and demonstrable success. Our team of advisors has worked with agencies throughout California and around the US to help them develop and execute broadband strategies for their communities. We understand the challenges and opportunities local governments face in gaining a competitive edge for economic development and bridging the

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4 digital divide. Magellan has worked with several communities like Ukiah to create actionable strategies that leverage existing infrastructure, develop strategic partnerships, create successful broadband policies and identify smart investments to enhance services and operations of government, businesses, education and healthcare institutions, including:
• County of Marin: Digital Marin
• County of Napa: Broadband Strategic Planning
• County of Sonoma: Broadband Feasibility
• County of Ventura: Broadband Master Planning
• County of Fresno: Broadband Master Plan
• City of Fremont: Broadband Master Planning
• City of South San Francisco: Broadband & Wireless Master Planning • City of Concord: Broadband Master Planning
• City of San Leandro: Broadband Master Planning
As every community is unique, our goal is to deliver individually tailored strategies and guidance to you. We strongly believe our experience makes us well suited to work extensively with your staff and departments as well as stakeholders in your communities to understand how Ukiah can best use its unique capabilities and strengths to enhance the availability of broadband throughout its community. Magellan Advisors prides itself on being more than just consultants; our team is comprised of practitioners of innovative broadband strategies deployed by local governments in cities across the nation.

If you have any questions or we can be of assistance in any way, please feel free to contact me with any questions or comments. You can reach me directly at 818.312.7768 or jwolf@magellanadvisors.com.

Sincerely,
Jory Wolf
VP of Digital Innovation, Magellan Advisors

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5 Magellan Overview
Magellan Broadband serves local governments nationally with offices in Texas, Colorado, Florida, California and Missouri. Our Colorado headquarters are located at 999 18th Street, Suite 3000 Denver, CO 80202. Magellan’s web address is www.magellanbroadband.com. Magellan Advisors, LLC was founded in January of 2004 and has been in operation as a Limited Liability Company since inception. Magellan’s office number is 888-960-5299. Magellan’s Federal Employee Identification number is 65-1218484. The contact for this contract is Vice President Jory Wolf. His email is [email protected] and his phone number is 818-312-7768.

Magellan is the leading turnkey broadband development firm for municipalities and utilities. We specialize in planning, designing and building fiber to the home networks for communities that need faster, more reliable high-speed internet. With over 18 years in business and over 400 municipal clients, Magellan is the most experienced firm for munis that want to enhance economic development, education, healthcare and the quality of life of their communities through world-class broadband.

Our staff understands the goals of local governments that recognize broadband as a policy issue. In our feasibility studies, we help educate, inform and direct municipalities to the most feasible options for solving local broadband issues. We work with internal and external stakeholders to build a profile of your community to determine the current state of broadband and identify key issues. Based on real-world solutions, we help you determine the best opportunities to close gaps and position your community for the future. We believe that every community is unique and customized broadband strategies are essential in every project we undertake. In every case, we have helped municipalities find and implement the right solutions to enhance local broadband.

We are the only firm that creates custom tailored broadband networks to achieve municipal objectives.

Our networks deliver the fastest internet services at the lowest cost, while giving municipalities a platform to deploy smart city innovations that help them manage their communities. We’ve led the planning, funding, construction and management of over 50 fiber broadband networks passing over 1 million households and connecting more than 1,000 schools, hospitals, government offices and community organizations and totaling $1 billion in investments. Magellan has helped more communities successfully plan, implement and manage broadband networks than any other firm in the market.

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6 Magellan provides fiber engineering, consulting and network implementation to municipalities and utilities whose goal is to improve broadband in their communities. Over 400 municipalities, utilities and cooperatives have used Magellan to develop their fiber and broadband networks.

Our mission is to connect every community, one at a time, to the digital economy so that no one is left behind. Our work ensures that communities can access every opportunity the internet has to offer so they can thrive in the connected world.

Our turnkey broadband solutions allow our clients to maintain a single partner that fulfils every aspect of planning and deploying broadband networks, with seasoned experts guiding their deployments every step of the way. Our success is based on our clients’ success and our fiber to the home solutions enable our clients to serve their citizens most pressing broadband needs in the digital age.

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7

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8

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9 Related Experience and References
FIBER & WIRELESS NETWORK DESIGN: NAVAJO NATION
“This is an incredible opportunity for the Navajo Nation. For the first time, all three branches of the Navajo government have collaborated to develop a comprehensive plan that makes affordable, high speed connectivity a reality for all Navajo communities and anchor institutions.” -Norbert Nez, IT Manager, Division of Community Development CHALLENGE:

Navajo leaders understand the financial and social consequences of having little to no broadband service across the reservation. The quality of life for Navajo families, K-12 students and elders deteriorated significantly due to Covid-19. To address this ongoing economic burden, the current Navajo leadership supported the creation of a Navajo interagency task force that focused on identifying existing broadband assets and developed strategies for increasing infrastructure deployment. The Nation engaged Magellan in early 2020 to develop a broadband plan that would provide coverage across 26,000 square miles in four states: Arizona, New Mexico, Utah, and Colorado. Magellan also conducted a Nation-wide infrastructure inventory and issued a guidance framework to help improve coverage using fixed and mobile platforms including the utilization of different licensed and unlicensed spectrum assets including 2.5Ghz, 3.5Ghz,

5.9Ghz and 700Mhz.

MAGELLAN’S SOLUTION
Navajo leadership turned to Magellan to develop a cost-effective fiber and wireless solution. Magellan’s team developed a preliminary design and cost analysis of a proposed Navajo Network that provides fiber as middle-mile backbone throughout the Nation and a wireless solution to deliver last-mile service.

Magellan maintains a dedicated team of broadband engineers and planners that developed a network design that included a wireless overlay for all 26,000 square miles of the reservation. By utilizing a hybrid fiber and wireless model, the design included coverage to 100% of homes and anchor institutions.

OUR CLIENT’S SUCCESS
The Navajo Nation President Nez presented testimony that was drafted by Magellan to the U.S. House Energy and Commerce Committee articulating the need for additional funds to support investment in broadband infrastructure. Magellan continues to support the Nation on all aspects of its broadband funding, engineering and network design needs as well as its policy goals to increase the adoption and expansion of distance learning, telehealth, public safety, digital literacy, and other critical use cases.

CONTACT
Pearl Lee
Program Manager
P: 928.871.7613
E: [email protected]
Start and End Date:
2019 - present

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10 FIBER DESIGN & CONSTRUCTION REFERENCE: CITY OF RANCHO

CUCAMONGA, CA

CONTACT
Fred Lyn
Utility Division Manager
P: 909.477.2740 ext. 4035
E: [email protected] “Today this infrastructure plays a crucial role in Rancho Cucamonga, not only in economic development, but will be pivotal in the long-term sustainability and future planning of the City. Rancho Fiber has arrived.” -Fred Lyn, Utilities Division Manager

CHALLENGE
City leadership recognizes that fiber-optic infrastructure is an important part of the Rancho Cucamonga community. They understand that in today’s world, connectivity affects every aspect of the community - whether in municipal operations, public safety, education, healthcare, quality of life, entertainment and commerce. To realize leadership’s vision, the City needed a partner that could develop and manage the expansion of fiber-based broadband across the City in a measured approach that achieved the City’s financial constraints while expanding access in year-by-year deployments across the City.

MAGELLAN’S SOLUTION
In 2016, Magellan worked with the City to develop a fiber master plan and engineering assessment that laid out a multi-year plan for new aerial and underground fiber deployment throughout the City, totaling $12 million over 6 years. Since adopting the master plan in 2017, Magellan has designed and built the first three phases of the fiber to the premises network. In this work, we have provided full engineering, fielding, utility assessments, pole and make ready planning, construction prints and bid packages. We also manage construction as an owner’s representative for the City in the fiber build, ensuring that the construction contractor meets our engineering specifications developed for the City, with tight quality control and within the budget.

OUR CLIENT’S SUCCESS
Today, the City has connected neighborhoods and business corridors, enabling gigabit broadband services to residents and businesses across the City. Residential customers receive gigabit service for $69.99 per month, giving them nearly 5 times the bandwidth for a lower cost than is available in the market today. Businesses have competitively priced internet on City fiber that has replaced slow and unreliable DSL, and cable internet services. Page 380 of 473 WWW.M A G E L L A NB R O A DB A N D . C O M
11 FIBER DESIGN & CONSTRUCTION REFERENCE: CITY OF HILLSBORO, OR

CONTACT
Greg Mont
Information Services Director
P: 503.681.5401
E: greg.mont@hillsborooregon.gov
“The partnership between the City and HSD is all about what’s best for our community. We have a long history of working together to best serve our students and families, and this is another opportunity for us to do the right thing and make our schools and our community stronger.” -Mike Scott, Hillsboro Schools District Superintendent

CHALLENGE
The City of Hillsboro and Hillsboro School District envisioned a joint partnership for a community owned fiber network to support schools’ connectivity needs and enable a platform for world-class broadband. In 2017, the City and School district signed an agreement to co-build the network. The next step was to identify a partner that understood municipal fiber projects and could manage the complex engineering process at hand, creating two networks from one.

MAGELLAN’S SOLUTION
The City of Hillsboro hired Magellan in 2017 to develop a citywide fiber backbone and fiber to the home broadband network. Magellan approached the design by working with School District staff to determine their most important needs – high bandwidth, reliability and redundancy across all schools. Through the planning process, Magellan designed a highly redundant, multi-ring fiber backbone to connect 34 schools with dark fiber.

Concurrently, Magellan engineered an optimal fiber to the home architecture using the backbone network as a launchpad for broadband. Our design furnished the City with a blueprint for broadband across 44,000 homes and businesses. We provided detailed fielding, utility assessment, permitting, make-ready, prints, costing and as-builts for each phase of construction. The design delivers 1 and 10 gigabit capabilities natively in the network. To enable seamless deployment of the network, the City also selected Magellan to manage construction, given our deep experience constructing municipal fiber and our collaborative approach with the City’s internal departments.

OUR CLIENT’S SUCCESS
Today, 34 schools are connected to the network, providing nearly unlimited bandwidth to support their current and future needs, while reducing its operating budgets by $200,000 annually. The fiber backbone and the first phase of fiber to the home construction have been completed to enable the City to launch its gigabit internet services to the first homes in Hillsboro. Page 381 of 473 WWW.M A G E L L A NB R O A DB A N D . C O M
12 Broadband Feasibility Study – City of Waterloo, Iowa

CONTACT
Andy Van Fleet
Waterloo Communications
Board Chairman
P: 319-291-4323
E: [email protected] CHALLENGE
The City of Waterloo, Iowa selected Magellan Advisors in 2019 as its partner in the development of a Broadband Study and Action Plan that will identify needs and opportunities for future broadband expansion and growth. Magellan assisted the City of Waterloo in preparing for the internet of things by integrating fiber-to-the-home broadband and smart city technologies into the City’s Broadband Study and Action Plan, a long-term plan, which will ensure that Waterloo is prepared to take advantage of all future wired and wireless applications which may benefit the community.

MAGELLAN’S SOLUTION
Magellan Advisors engaged the City of Waterloo leadership and studied the state of broadband throughout the community, while gathering and presenting information to assist City leadership in making informed decisions as it relates to deploying broadband citywide. The Magellan team developed supporting financial models and presented multiple options to the City for its consideration. Our team developed an implementation strategy and action plan for Waterloo, allowing the City to immediately begin making improvements to the community’s broadband services. This plan will enable the City of Waterloo to also support retaining and attracting new businesses, improving residential and business broadband services all while making Waterloo a high-tech competitive community. The project’s final report will serve as an implementation roadmap to ensure the broadband needs of Waterloo are served today, and well into the future.

OUR CLIENT’S SUCCESS
In April 2021 the City of Waterloo extended Magellan’s contract to begin Design, Engineering and Permitting activities for a 120-mile fiber-optic backbone identified in the Action Plan. This backbone will connect hundreds of City and Utility sites and will provide the necessary capacity to support a Fiber-tothe-Home deployment. Magellan Advisors engaged the City of Waterloo in 2020 to study the state of broadband throughout the community to gather and present information to assist City leadership in making informed decisions as it relates to deploying broadband citywide. The Magellan team developed supporting financial models presented multiple options to the City. Our team developed an implementation strategy and action plan for Waterloo, allowing the City to immediately begin making improvements to the community’s broadband services. This plan will enable the City of Waterloo to also support retaining and attracting new businesses, improving residential and business broadband services all while making Waterloo a high-tech competitive community. The project’s final report has been delivered and the City is moving forward with funding. Page 382 of 473 WWW.M A G E L L A NB R O A DB A N D . C O M
13 FIBER DESIGN ENGINEERING REFERNCE: CITY OF GLENDALE, CA

CONTACT
Craig Kuennen
Deputy General Manager
P: 818.548.3369
E: [email protected] “Today this infrastructure plays a crucial role in Rancho Cucamonga, not only in economic development, but will be pivotal in the long-term sustainability and future planning of the City. Rancho Fiber has arrived.” -Fred Lyn, Utilities Division Manager

CHALLENGE
Glendale Water & Power currently owns and operates approximately 98 miles of dark fiber network within Glendale’s city limits. The majority of connections are for municipal communication systems with limited commercial access. To meet increasing demand for fiber in the City, City Council authorized the development of a Fiber Optic Business Plan. This plan is currently under implementation to provide improved commercial network infrastructure and necessary business organization required to expand the City’s operation as a provider.

MAGELLAN’S SOLUTION
In 2018, Magellan Advisors has been the City’s partner for implementation of its fiber strategy, including design for electronics and connectivity, development of the construction documents and strategy for deployment of an expanded fiber backbone to bring connectivity to Glendale’s electric substations and other field equipment to serve the utility. Magellan’s strategy was to leverage the fiber backbone expansion for as many purposes as possible across the City, utility and broadband use cases. Magellan laid out fiber backbone routes to reach all electric substations, creating a new ring of connectivity to improve reliability in the electric plant. The design was dimensioned to support high-capacity broadband services as part of Glendale’s strategic plan to deploy the network.

OUR CLIENT’S SUCCESS
Today, the City has connected neighborhoods and business corridors, enabling gigabit broadband services to residents and businesses across the City. Residential customers receive gigabit service for $69.99 per month, giving them nearly 5 times the bandwidth for a lower cost than is available in the market today. Businesses have competitively priced internet on City fiber that has replaced slow and unreliable DSL and cable internet services. Page 383 of 473 WWW.M A G E L L A NB R O A DB A N D . C O M
14 FIBER OPTIC NETWORK EXPANSION REFERENCE: CITY OF PALO ALTO, CA MAGELLAN’S SOLUTION
Magellan was selected by the City of Palo Alto to assist the City and its electric utility with development of a high-level design for an expanded backbone network to connect City facilities for the enhancement of automated meter reading (AMI), Public Works, and Public Safety functions. The project also includes a high-level design and business case assessment for a fiber-to-the-home network that leverages existing infrastructure and expands the City's existing commercial fiber offerings to residents.

OUR CLIENT’S SUCCESS
Our team of engineers and consultants worked to assess the current residential broadband market in Palo Alto to determine appropriate rate structures and focus areas, made recommendations about policy to enhance broadband, and interviewed City departments to determine use cases for the backbone network, leading to the development of a resilient fiber ring that will support the City's internal functions for years to come, as well as a FTTH design to support residential broadband needs.

The designs also included an analysis of the business case for extending fiber and conduit infrastructure, a detailed bill of materials, and phased implementation plan for deployment. In the second phase of the project, our team will continue our work with Palo Alto by assisting with outreach to the community and investigating partnership options.

CONTACT
Todd Henderson
IT Manager
P: 650.329.2342
E:[email protected]

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15 Project Team

JORY WOLF
VP of Digital Innovation: Project Executive
Jory joined Magellan after 22 years as CIO of the City of Santa Monica, CA where he launched Santa Monica City Wi-Fi, which provides free internet services to the public through a network of 32 hot zones and wireless coverage in most major commercial and transit corridors throughout the city. He created Santa Monica City Net, a 100-gigabit broadband initiative to support an environment for local businesses to compete in the global economy with cutting edge network solutions. Jory has over 35 years of experience in Information Technology, including broadband, FTTH and Smart City initiatives. Jory and his teams have received over 50 awards for information technology projects during his career and in 2012 he received the CIO Lifetime Achievement Award from the Los Angeles Business Journal. Since joining Magellan Broadband in July 2016, Jory has led teams that have worked on 60+ government projects in broadband master planning, feasibility studies, wireless strategic planning, 5G small cell policies, dig once policies and smart city.

WILL MORAT
Senior Broadband Consultant: Project Manager
Will has 15 years of experience leading complex projects in government, communications, and economic development. He has led public fiber optic network projects from the nascent stages all the way through launch. His focus is on leveraging public assets with private investment to realize community benefit:
closing the Digital Divide, improving public services through technology, and enhancing the quality of life and economic environment. Will brings a background in public policy, local government administration, and cross-departmental experience in project management that complements the critical role of broadband in community growth and development.

GREG WHELAN
Senior Broadband Consultant
Greg is a subject matter expert in broadband, fiber, digital infrastructure, mobile, 5G, cloud/edge, telecommunications, and IoT. He was a pioneer in broadband and created the project the led to the first broadband modem chipset in the industry. He was a co-founder and vice president of the original Broadband Forum and participated in early international broadband standards organizations. He was part of the team that architecture one of the first Open Access Broadband networks in the USA and a was early in connecting private funding and open fiber networks in the USA. Prior to joining Magellan Broadband, he was an independent broadband industry analyst and advisor. Before that he led broadband marketing and products at Cisco Systems, Cascade Communications, Analog Devices and a number of start-ups in greater Boston.

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16 AL KAMUDA
Design Team Lead
Al Kamuda is a seasoned telecommunications and GIS professional with over 20 years’ experience in telecommunications engineering, mapping, design and outside plant construction. Prior to joining Magellan, Al was the Senior Design Manager for the Central Florida region at Spectrum (Charter Communications), where he led the planning, project management and implementation of outside plant design for various company growth projects including residential, commercial, cellular backhaul and metro WIFI. His extensive experience with the telecommunications industry, CAD platforms and geospatial expertise along with his strategic forward thinking provides an extremely diverse skill set that allows him the valuable insight needed to understand the client’s objectives in all aspects of telecommunications construction and design processes.

COLE HENKLE
Director – Broadband Design
Cole has a decade of experience managing large broadband designs. He manages the full life cycle of engineering projects from inception to completion, managing all permitting activities and personnel in local and remote locations. He has direct experience working with major carriers, municipalities and regional governments on regional fiber and broadband deployments across the US, some of which include Google Fiber, Verizon and the Cities of Hillsboro, OR, Chesapeake, VA, Portsmouth, VA, Boulder, CO, and Ann Arbor, MI. Mr. Henkle led the City of Hillsboro design engineering project, with 100 miles of fiber backbone and 5,000 homes designed and built to date.

SHAWN MORRIS
Broadband Designer
Shawn Morris has more than seven years of experience designing, and coordinating fiber projects and has additional experience in the architecture design industry. Most recently, Shawn has contributed towards multiple municipality based FTTH and Infrastructural Network projects. Shawn excels at identifying potential problems early in projects and uses his problem-solving skills to plan and develop processes and procedures to navigate each unique challenge. His excellent customer service is consistently recognized by our clients and Shawn always ensures that quality deliverables are provided. Shawn holds a Master of Architecture from Kansas State University. Shawn is experienced with the following software: Microsoft Office, Autocad, ArcGIS, 3-GIS, SketchUp, Adobe InDesign, G Suite, and Lucidchart.

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17 Scope of Work
T A S K 1 : A S S E T I N V E N T O R Y
We will conduct a comprehensive asset inventory of the current broadband assets in the public right-ofway including conduit, fiber, antennas, poles, towers, abandoned facilities, active facilities, and other infrastructure to determine their usefulness for expanding broadband within the region. This effort will provide a realistic assessment of assets available for expanding broadband connectivity.

We believe that the following components should be analyzed:
 Underground conduit, innerduct, empty and available conduit  Fiber cables, strand counts, splice points, terminations and utilized strands  Vault and handhole locations
 Available and reserved capacity throughout the network  Construction and placement method policies
 Current as-builts and documentation
 Terminating locations and public facilities
 GIS maps including publicly-owned property, right of way, easements  Location of capital improvement projects and economic development zones  Current and planned locations of public safety cameras and traffic signal interconnect Magellan will request GIS files, capital projects, planning and development data from the City itself, its cities, unincorporated communities, and anchor institutions to develop a broadband asset map. Using this data, we propose to first build a geo-correct layer of conduit and fiber, identifying placed conduit, type, size, status (occupied/vacant) and related information. A second layer will incorporate poles, traffic signal cabinets and other assets to be used for expanding broadband.

A third layer may include General, Economic Development, Transportation and Capital Projects Plans to identify strategic and cost-effective methods of deploying and expanding broadband in a planned, organized and phased approach. We will also engage with private internet service providers to request information about the locations of their assets. Magellan’s team will coordinate meetings with incumbents and new-entrants to understand how their existing infrastructure serves the community, what their plans are for the future, and what implications those plans have for the City. We should expect that some of these companies may be reluctant to provide details about their assets and plans, but have found that developing relationships with these organizations is a key component of broadband planning.

Task 1 Deliverable: Magellan will provide geodata shape files of the final Asset Inventory and an assessment and recommendation through a Technical Memorandum at the conclusion of Task 1.

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18 T A S K 2 : D E S G I N E N G I N E E R I N G

2.A: Conceptual Design
Magellan will undertake a comprehensive field validation and outside plan audit of the City’s August 2021 Digital Infrastructure Project by creating a High-Level Design (30%) that can subsequently be completed and finalized in Task 2. As we develop the High-Level Design, we will work with the Ukiah team to determine the best running lines, infrastructure and locations where fiber should be constructed.

Magellan will have their design process begin in which fiber alignments, placements, structures, cable sizes and splice points are identified in the network. Magellan will work with the City to analyze any existing fiber backbone routes and determine the best construction strategy and methods. Minor changes in the backbone routes may be preferred to avoid congestion or those planned for replacement in the next few years.

Also, Magellan will look at opportunities to optimize the backbone for future City services and broadband applications that may give the City advantages for expanding the network in the future but come with little if any additional cost today. The High-Level Design will include geo-located data layers for the following:
• Review of construction standards, policies and practices • Placement of new backbone cable
• Right of way analysis
• Sites to connect on the backbone
• Laterals to each site
• Interconnection with core data centers/utility sites
The 30% High-Level Design will focus on 4 key components that will accurately inform and guide the final design engineering:

Backhaul/Redundant Connections – Connecting the City’s local, publicly-owned fiber network to other public and/or private regional middle-mile and long-haul transport circuits to procure diverse, redundant pathways to colocation and data facilities that ensure connection to the Internet. A resilient City network will require at least two independent fiber paths to ensure that service is not interrupted due to technical issues, construction, accidental cable cuts, natural disasters/fire, or other unforeseen events.

Core Fiber Backbone - Connecting communities to one another across the City and building a highcapacity fiber backbone that connects to the greater internet points of presence, colocation centers and central offices. The core fiber backbone will consist of high-count fiber using redundant rings and/or mesh architectures to support a highly resilient backbone. It will include all outside plant fiber assets, hut locations, facility locations and core network elements to light the network.

Fiber Laterals to Key Organizations – We will connect community anchor organizations to the fiber backbone, providing multi-gigabit connectivity to schools, hospitals, government offices, public safety

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19 facilities, utilities, cooperatives, and other key facilities. It will include all outside plant fiber assets and network elements to connect facilities to the network.

Fiber To The Home Distribution/Access – Magellan will provide dense fiber distribution to homes and businesses within each region, enabling individual users to connect to the network. FTTH distribution will include outside plant fiber, distribution huts, splitter cabinets and other distribution elements to enable service drops that will connect end users to the network for fiber to the home broadband services.

As Magellan completes the High-Level Design, we will conduct a formal review with maps illustrating all components of the backbone overbuild. We will present the 30% design, alignments, sites, laterals and connections to give the Ukiah staff a first look at the preliminary design, provide feedback and give Magellan a chance to make any adjustments to running lines and other outside plant aspects of the network before moving into detailed engineering in Task 2.

2.B: Low Level Design (60%)
Once consensus on the high-level design has been received, Magellan will begin the onsite fielding process, in which the internal field team will conduct detailed walkouts of all routes and fiber lines. Our fielding process identifies features and attributes, constructability, hazards, and survey of existing infrastructure.

We utilize Trimble GPS units for all fielding and iPad data collection to record features and upload them in real time to our design engineers in the back office. This gives us the ability to expedite the design process in concert with our onsite field team. The fielding team will also provide make-ready analysis for the fiber overbuild. Magellan will look at the opportunities to over lash to existing cable vs new attachments for backbone fiber installation.

After all field data has been collected, Magellan will begin the detailed engineering design from the survey data and make adjustments to running lines. This is known as the Low-Level Design and is the 60% milestone. Magellan utilizes a route optimization process to determine the best paths for fiber backbone routes, avoiding any potential constructability issues encountered during the fielding process. This process allows us to optimize the final routes for you and value engineer the network to keep costs down. Our lowlevel design process will also create all fiber cable sizes, splicing diagrams, port assignments, terminations and final site connections for the new backbone. Furthermore, it will provide preliminary bills of materials and cost estimates for the new network.

Magellan will review the Low-Level Design (60%) with the City and will provide the first set of construction prints with detailed placement and routing, integration with existing fiber and conduit, preliminary fiber splice plans, cabinet layouts, pedestals and other low-level outside plant infrastructure documentation.

Magellan will provide a detailed review of the plant with the City, pointing out how the design has changed from the 30% Conceptual Design. In this review, Magellan will provide GIS data and plots to the City in advance of the meetings, so you have ample time to review. Accompanying this data will also be the preliminary cost estimates, bills of materials and bid package documents for construction. This 60% review

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20 will give The City a chance to provide feedback to Magellan at a more detailed level and better understand the costs of plant construction, to determine if any changes should be made to reduce budgets, speed the deployment or adjust the fiber routes.

2.C: Final Design (90%)
Once all updates are invoked Magellan will complete the 90% milestone known as the Final Design. This design process will incorporate any changes from the 60% Low Level Design into the final design. We will finalize all routing, alignments, separations, structure sizing and placement, cabinet placement, splice plans and other components of the design. This process will also identify all permits required, costs and timeframes to acquire the permits. Magellan will have a final review with the City to review all of the scope and address any questions or concerns.

The Final Design and Bid Package will provide the City with the following:
• All construction documents
• City procurement requirements
• Construction standards
• Construction plans
• Sequencing and schedules
• Bills of Materials (see Task 2.C below) using unit costs and pay items for the release and RFP or invitation to bid.

Magellan will provide final QA/QC on all documents and conduct a formal review of the final deliverables with the City to determine if any changes need to be made before going to bid. Magellan will develop the final bid package for construction and provide the City with all content to support a competitive construction procurement. Magellan will provide design specifications, prints, pay items, units, and final documents, incorporating in the City’s existing procurement documents to create a final construction package for release to the market. Magellan is happy to manage the pre-bid meeting, answer questions, post addenda, evaluate bidders and make recommendations to the City on the final award.

2.D: Bill of Materials
Magellan will create a final high-level design and cost estimates for the fiber and wireless networks which itemizes all labor, materials and equipment costs. We will provide a comprehensive bill of materials with unit rates for construction, based on local labor costs that are commensurate with the current market. This bill of materials will supply each per unit cost for outside plant construction, splicing, termination, testing, wireless siting, construction, installation and activation.

Pricing for Task 2, Design Engineering, may be adjusted should expansion miles change as a result of the work in this Master Plan.

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21 Task 2 Deliverable: Magellan will provide a geodata files, maps and accompanying files for a 30% High Level Design, 60% Low Level Design, a 90% Final Design, a Bill of Materials, and Bid Package.

T A S K 3 : T E C H N I C A L G R A N T A S S I S T A N C E Our team maintains current relevant information about new policies and practices across the broadband industry and is deeply entrenched in the California broadband regulatory environment. Using this expertise, Magellan’s team will work with Ukiah to provide guidance about relevant state and federal broadband policies and plans including the state of California’s implementation of senate bill 156 – communications broadband and the federal infrastructure investment and jobs act. We maintain frequent communications with key contacts at the California public utilities commission (CPUC), Golden State Network, CENIC, and other agencies that are involved in statewide broadband planning, as well as regularly tracking updates about ongoing programs at various federal agencies. We will provide regular reports to Ukiah about updates to these initiatives and how they can be leveraged for Ukiah’s broadband efforts. We will develop a funding strategy for Ukiah that includes available grant and loan programs through local, state, and federal sources, as well as potential cost-sharing agreements with state and regional partners.

Task 3 Deliverable: Magellan will ongoing technical grant assistance throughout its engagement with the City.

T A S K 4 : P A R T N E R R F P D E V E L O P M E N T A N D E V A L U A T I O N Magellan will assist the City throughout the process of soliciting, evaluating, and selecting the best private sector partner that can operate, maintain, and manage the City’s publicly-owned fiber network through a public-private partnership. Publicly-owned fiber networks that serve retail customers require day-to-day management and maintenance, and some grant funding opportunities require public agencies to secure a private partner prior to application submission. Smaller municipalities that don’t already operate a power utility typically are not resourced or equipped to efficiently operate as an internet provider, and finding the right private partner to handle network management is essential to long-term success.

Aligned with City project goals and adhering to procurement processes, Magellan will develop and draft an RFP that will solicit comprehensive proposals from Internet Services Providers (ISP) that are qualified and capable of operating the City’s future fiber network. We will organize and draft the RFP to leverage City assets, infrastructure, and planned network construction in order to maximize the proposed contribution of RFP respondents.

Magellan will also utilize its experience to help the City evaluate proposals based on detailed and transparent criteria, including working closely with City-appointed evaluators (either City staff, community stakeholders, or both). We will also work closely with staff to draft reports, memos, and presentation slide decks in preparation for any public meetings where City Council or other legislative deliberation and action is required.

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22 Task 4 Deliverable: Magellan will provide a draft RFP to solicit ISP partners and any accompanying memos and presentation decks required to assist the City through the partner evaluation process.

T A S K 5 : M A R K E T A S S E S S M E N T A N D G A P A N A L Y S I S Our team will conduct an inventory of existing providers and broadband assets to gain an understanding of what service offerings are currently available to businesses and anchor institutions in the City of Ukiah.

Magellan’s analysis will identify the services that are available, providers, service level, pricing, and access.

We will document all privately-owned networks and research incumbent providers that currently serve the market as well as potential new entrants. This information will come from a variety of sources, including our comprehensive broadband database, third-party research, and information obtained from the providers themselves.

We should expect that some of these companies may be reluctant to provide details about their assets and plans, but have found that developing relationships with these organizations is a key component of broadband planning. Therefore, we will make introductions between the providers and the City and will collaborate with both parties to obtain as much information as possible.

We will also recommend actions to promote broadband and 5G deployment, such as “dig once” ordinances and other best practices seen in other communities.

Based on the current market and location of assets, our team will conduct a gap analysis to delineate well-served, underserved and unserved areas, which will allow us to identify indicated areas that have a need for broadband but currently lack the necessary infrastructure. We will work with the County to present this data to the State, including our contacts at the California Public Utilities Commission (CPUC), California Department of Technology, and Golden State Net in order to raise awareness about the needs of Ukiah as the state moves forward with its ongoing broadband planning efforts. We believe that sharing this information with the State will provide opportunities for the City to make a case for funding opportunities including grant programs and earmarked funds that could support broadband in the City.

Task 5 Deliverable: Magellan will a comprehensive market assessment and gap analysis through within the Final Report.

T A S K 6 : B U S I N E S S M O D E L A N D P A R T N E R N E G O T I A T I O N S Task 6.A: Business Model Pro Forma
Magellan will utilize our Broadband Financial Sustainability Model to ensure that the City has a full understanding of the business and financial sustainability of the proposed project and future operations.

Our financial models have been specifically developed for broadband utilities and are very similar to electric utility rate studies. Magellan’s financial modeling tools have been utilized to plan and manage broadband network investments for over $500 million in broadband projects nationwide. Using our financial tools, we propose using a 20-year period to analyze the project and develop a Pro Forma projection that includes the following:

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23 • Develop the cost model for the network, including one-time and ongoing capital expenditures to build the network for City facilities, businesses and anchor institutions. • Develop the cost model for operations, including O&M, network operations, field services, staffing, billing and customer service applicable to the City and/or private partner. • Adjust projections for the customer segmentation and growth on the network, across each type of customer (government, business and anchor institutions). • Determine a proposed competitive rate schedule for potential services, using competitive market pricing information.
• Develop financial statements, pro-formas, depreciation schedules, and cash flows. • Conduct comprehensive financial analysis on the project to determine overall financial sustainability using key metrics such as free cash flow, debt service coverage, operating margin, and net income.
• Recommend the most feasible business model based on the City’s goals, overall business and financial sustainability, community benefit, and long-term value to the community.

Task 6.B: Partner Negotiations
The information from Magellan’s business model will help the City evaluate its selected partner and negotiate a long-term public-private partnership agreement. Magellan will work closely with the City to participate and advise throughout the negotiation process, including developing and drafting the outline of a proposed partnership agreement for the City to review and prepare for City Council consideration.

Magellan will specifically assist the City in negotiating the best terms that address the following key terms:
 City broadband services for public facilities
 Retail services & pricing to a range of customer segments, including commercial and anchor institutions
 Retail services & pricing to government and anchor organizations  Retail services that leverage other utilities for outsourced content and services  Fiber leasing arrangements
 Revenue sharing agreements
 Open Access Model compliance
 Phased roll-out of lit services to customers
 Milestones & performance schedules to guarantee delivery of services  Partnership arrangements with third-party asset owners (County, other private telecoms)  Others to be determined throughout the course of negotiations.

Task 6 Deliverable:Magellan will provide a pro forma financial projection and business model, assist and participate in negotiations with the City’s selected partner.

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24 TA S K 7 : R E P O R T C O M P I L A T I O N A N D A P P R O V A L P R O C E S S The culmination of the project will be a concise Final Report that summarizes the activities of the project including details of committee and engagement activities, findings and recommendations from the assessment, and a presentation of clear pathway options for building a better broadband system across the City of Ukiah. The report will detail findings of all tasks and recommendations for Ukiah to bring next- generation broadband to its communities by leveraging existing infrastructure and key partnerships.

Magellan will provide a final report including:
• Asset Inventory
• Market Assessment and Gap Analysis
• Business Models
• Final Recommendations
We will also prepare and conduct a presentation of our findings and recommendations to Council in support of the document’s approval.

Task 7 Deliverable: Magellan will provide a Final Report, including any public presentation needed for Report approval.

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25 Timetable
 Ongoing Task
Final Deliverable
Month 1Month
2 Month
3 Month
4 Month
5 Month
6 Month
7 Month 8
Task 1: Asset Inventory ◆ ◆ 
Task 2: Design Engineering ◆ ◆ 
Task 3: Technical Grant Assistance ◆ ◆ ◆ ◆ ◆ ◆ ◆ 
Task 4: Partner RFP Development and
Evaluation ◆ ◆ 
Task 5: Market Assessment and Gap
Analysis ◆ ◆ 
Task 6: Business Model & Partner
Negotiations ◆ ◆ 
Task 7: Report Compilation and Approval
Process ◆ 
Project Management & Meetings ◆ ◆ ◆ ◆ ◆ ◆ ◆ ◆

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26 Pricing
The total cost to Ukiah is $252,339 and includes all work to be completed by Magellan as stated in this proposal. Magellan will bill the City in eight (8) equal monthly payments of $31,542.38.

Magellan will bill on the first day of the month for the current month’s services. Travel and incidental expenses will be billed as incurred. Invoices are payable on net 30 terms from the date of invoice. Pricing for Task 2: Design Engineering are estimated costs and may be adjusted based on the data collected and knowledge gained regarding more accurate construction footages from work done during the project.

Task/Description Cost
Task 1: Asset Inventory $13,570
Task 2: Design Engineering $157,339
Task 3: Technical Grant Assistance $13,570
Task 4: Partner RFP Development and Evaluation $16,963
Task 5: Market Assessment and Gap Analysis $13,570
Task 6: Business Model and Partner Negotiations $20,355 Task 7: Report Compilation and Approval Process $16,972 Total for Magellan’s Services $252,339

Megellan Broadband Contractor Staff Rates and Hours for City of Ukiah LATA Project Personnel Title Specific Personnel Estimated Hours Hourly Rate Total Project Executive Jory Wolf 56 $260 $14,560
Project Manager Will Morat 168 $185 $31,080
Broadband Consultant Greg Whelan 96.4445 $180 $17,360
Project Management Analyst Taram Mann 100 $180 $18,000
GIS Engineer Al Kamuda 100 $140 $14,000
Total Hourly Costs $95,000
Design Engineering Costs Engineering costs based on $1.50 per linear foot $157,339 Total Project Costs $252,339

ATTACHMENT B

LOCAL AGENCY

TECHNICAL ASSISTANCE

GRANT PROGRAM
Grantee Administrative Manual
Communications Division June 28, 2022

ATTACHMENT C

To all Local Agency Technical Assistance Applicants and Grant Recipients:

The California Public Utilities Commission (CPUC or the Commission) thanks you for your interest in broadband technical assistance grants. We welcome your applications for funding of pre-construction work that facilitates last-mile broadband projects led by local agencies and tribes in California. We look forward to working with you.

Respectfully,
CPUC Communications Division

Local Agency Technical Assistance
Grantee Administrative Manual

TABLE OF CONTENTS
I. Introduction ..........................................................................................................................................1 II. Funding Overview .................................................................................................................................1 III. Eligibility ................................................................................................................................................2 A. Who is Eligible to Apply ....................................................................................................................2 B. What is Eligible for Funding..............................................................................................................3 IV. Required Application Materials ............................................................................................................4 V. Required Supplemental Materials........................................................................................................6 A. Project Proposal or Proposed Contract............................................................................................6 B. Letters of Support.............................................................................................................................6 VI. Application Submission and Timeline ...................................................................................................7 VII. Required Forms and Obligations...........................................................................................................7 VIII. Payments and Compliance....................................................................................................................8 A. Direct Payment to Grantee...............................................................................................................8 B. Partial Payment ................................................................................................................................8 C. Itemized Accounting for Administrative Costs.................................................................................9 D. Timing and Modifications.................................................................................................................9 E. Project Completion and Final Payment..........................................................................................10 F. American Rescue Plan Act Reporting Requirements......................................................................10 G. Contractor Monthly Reporting Requirements ...............................................................................10 H. Record Retention............................................................................................................................11 IX. Acknowledgment and Publicity ...........................................................................................................11 X. More Information and Links ...............................................................................................................12 Appendix A: Technical Assistance Application & Forms..................................................................................

Appendix B: California Interactive Map Reference .........................................................................................

Appendix C: Completion Report and Payment Form (Sample)......................................................................

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Local Agency Technical Assistance
Grantee Administrative Manual
I. Introduction
The Local Agency Technical Assistance (LATA) grant program provides funding to assist California’s local agencies and tribes in their efforts to provide high-speed broadband to unserved Californians. On February 24, 2022, the Commission approved Decision (D.) 22-02- 0261 which established the LATA grant program and implemented current requirements and guidelines for the program.
2 The purpose of the Local Agency Technical Assistance Grantee Administrative Manual is to provide guidance on the application process and administrative lifecycle for broadband technical assistance grants.3 This manual is intended to help potential applicants and grant recipients (grantees) become familiar with the LATA program, including funding eligibility, the application process, and administrative and performance requirements.4 II. Funding Overview
Local Agency Technical Assistance grants provide reimbursement for Tribes and local agencies for pre-construction expenses that facilitate development of broadband network deployment projects to areas in need. Grants may be used to reimburse eligible costs such as environmental, feasibility, and engineering design studies or reports; needs assessments, market studies, broadband strategic plans, and business plans; forming a joint powers authority; and consultant and community-based organization services.

Grantees may receive up to 100 percent of technical assistance project costs of up to $500,000 per local agency or tribe per fiscal year. The program has a budget of $50 million, including a $5 1 D. 22-02-026 is part of the Commission’s California Advanced Services Fund (CASF) Rulemaking proceeding (R.) 20-08-021. Learn more about the various CASF funding programs on the program website here: https://www.cpuc.ca.gov/casf/
2 Senate Bill 156 (SB) text: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB156 3 This Administrative Manual was prepared by CPUC CD staff. It does not change, replace, or waive any of the rules or guidelines adopted in D.22-02-026 nor has the CPUC passed upon the accuracy or adequacy of the information in it. The contents of the manual are for informational proposed only. 4 D.22-02-026 Attachment 1 Guidelines.

Local Agency Technical Assistance Grantee Administrative Manual, Page 2 million set-aside for tribes, for reimbursement of eligible costs incurred by December 31, 2024.

Grants will be awarded on a first come first served basis until funding is exhausted.

In addition to eligibility for funding from the LATA program, tribes will continue to be eligible for broadband grants from the CPUC’s existing Tribal Technical Assistance grant program, which has a separate set of rules.
5 Because funding stems from federal Coronavirus State and Local Fiscal Recovery Funds, projects authorized through this program will be subject to federal rules in addition to the Guidelines adopted by the Commission in D.22-02-026. Under the federal rules, the LATA program may fund eligible pre-construction costs if they are tied to an eligible broadband infrastructure project designed to provide service to unserved or underserved households and businesses6 and that are designed to, upon completion, reliably meet or exceed symmetrical 100 Mbps download speed and upload speeds, or should be reasonably expected to lead to such a project.7 The term “unserved” in this manual is intended to include underserved California communities, households, and businesses.8
III. Eligibility
The following eligibility criteria determine who may apply for Local Agency Technical Assistance broadband funding.9
A. Who is Eligible to Apply
For the purpose of this program, local agency has the same meaning as that provided in Government Code section 53167 (e), as amended by SB 156, wherein “local agency” means any 5 D.22-02-026, Attachment 1 at 2.
6 For example, the Treasury Overview of the Final Rule (January 2022) specifies investments “provide service to locations with an identified need for additional broadband investment.” https://home.treasury.gov/system/files/136/SLFRF-Final-Rule-Overview.pdf. Areas with an identified need include areas unserved and underserved locations under the Interim Final rule: “Unserved and underserved households or businesses” means one or more households or businesses that are not currently served by a wireline connection that reliably delivers at least 25 Mbps download speed and 3 Mbps of upload speed.” Coronavirus State and Local Fiscal Recovery Funds, 86 Fed. Reg. 26,786, 26,823 (May 17, 2021) (to be codified at 31 C.F.R. pt. 35). The unserved or underserved locations need not be the only locations served by the proposed project. Dept. of the Treasury, Coronavirus State and Local Fiscal Recovery Funds Frequently Asked Questions at 30 (as of July 19, 2021), available at https://home.treasury.gov/system/files/136/SLFRPFAQ.pdf. 7 D.22-02-026 Attachment 1 Guidelines at 1.
8 See footnote 6 above.
9 D.22-02-026, Attachment 1 at 4.

Local Agency Technical Assistance Grantee Administrative Manual, Page 3 agency of local government authorized by law to provide broadband internet access service, including the following:
• A city
• A county, including a county service area
• A community services district
• A public utility district
• A municipal utility district
• A joint powers authority
• A local educational agency, as defined in section 47640 of the Education Code • A sovereign tribal government
• An electrical cooperative, as defined in section 2776 of the Public Utilities Code B. What is Eligible for Funding
Technical assistance grants must support developing broadband service to unserved communities. Technical assistance projects may include but are not limited to:
• Environmental, feasibility, engineering design studies or reports • Needs assessments, market studies, broadband strategic plans, business plans • Forming a joint powers authority10
• Consultant and community-based organization services
Per D.22-02-026, grant applications must meet the following criteria:

Pre-Construction Costs Related to Broadband Deployment – LATA grants reimburse preconstruction costs related to the development of broadband network deployment projects through activities such as studies and planning. Technical assistance work should be tied to a broadband deployment project or be reasonably expected to lead to such a project.

Achieve 100 Mbps or Better Upload and Download Speeds – The resulting broadband infrastructure projects will be designed to reliably meet or exceed 100 Mbps download and upload speeds.
10 A “joint powers agency” or “joint powers authority” means an agency or entity formed pursuant to the Joint Exercise of Powers Act (Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1) that is formed for the local performance of governmental functions that includes the provision of municipal services. Cal.

Gov. Code § 56047.7.

Local Agency Technical Assistance Grantee Administrative Manual, Page 4 Provide Service to Unserved Households and Businesses – Technical assistance is defined as work products resulting from activities such as studies and planning that support local agencies in developing broadband network projects that benefit unserved Californians.

C. Areas Eligible for Funding
Applicants must provide a description of the areas for which they are considering funding. Cities that are applying should include as much geographic information as possible about the area of their proposed project and should identify city and county names as well as the census blocks in their application. Multiple jurisdictions, census designated places, joint powers authorities, utility district or county areas should describe the area and include census blocks in the application.
11 If multiple agencies are applying for technical assistance funding in the same area, they should coordinate. Applicants are required to submit a letter of support demonstrating this coordination. Separate local agencies operating in the same geographic area may be considered for grants through a Commission resolution process and need to demonstrate collaboration with any overlapping jurisdictions for the efficient use of resources. For the purposes of this program, cities do not have overlapping jurisdictions with the county or counties in which the city is located, nor are tribal governments considered to have overlapping jurisdictions with other eligible local agencies.

IV. Required Application Materials
Applicants must complete and submit an application along with additional requested documentation, which is available on the LATA webpage as an Excel document. Each part of the application is a different tab in the spreadsheet. The application and additional required materials should be submitted via email to [email protected]. See Appendix A for samples of the application and affidavit form.
12 A summary of required materials follows.

Part 1. Application Checklist.

Item 1 – Applicant Name and Organization (local agency or tribe) Item 2 – Key Project Contact Information
11 Local agencies that are seeking a list of census blocks and do not have a pre-existing GIS method can use the California Interactive Broadband Map tool. https://www.broadbandmap.ca.gov/ 12 D.22-02-026, Attachment 1 at 5-7.

Local Agency Technical Assistance Grantee Administrative Manual, Page 5 Item 3 – Grant Project Description
Item 4 – Letter of Support (upload with submission)
Item 5 – Project Proposal or Proposed Contract (upload with submission) Item 6 – Proposed Total Budget
Item 7 – Name of Organization to Receive Payment
Item 8 – Certification and Affidavit of Statements and Representations Item 9 – Affirmation of Incremental Staff Hours
Item 10 – Affirmation of 24-Month Project Completion
Item 11 – Notarized Affidavit (upload required form with submission) Item 12 – Electronic Signature
Part 2. Project Summary. These fields must be completed:
• Project Name
• Type of Project and Scope
• Total Budget
• Timeline Start through Completion Dates (estimate completion within 24-months from Commission approval)
• How Project Supports Last-Mile Broadband Deployment of at least 100 Mbps Upload and Download Speeds to Unserved and/or Underserved Households and Businesses • Summary of Consultant/Staff/Team Professional Experience (upload resumes) • Short project description of scope of work for publication on the CPUC Webpage • Other Information
Part 3. Budget Summary. These fields must be completed:
• Year 1 and 2 Consultant, Sub-Consultant, Staff and Administrative Costs13 • Year 1 and 2 Work Product Costs
Part 4. Geographic Information. Applicant must provide information about the location and boundaries of the proposed project including:
• Detailed description of the area where the technical assistance will be applied (e.g., city, town, county).
• Identify all the area’s census blocks.
• Upload shapefiles if possible
13 Up to 15 percent of the total requested for reimbursement may be used to reimburse the grantee for administrative costs associated with the securing or completion of reimbursable work products, other than the cost of local agency staff hours. D.22-02-026, Attachment 1 at 2.

Local Agency Technical Assistance Grantee Administrative Manual, Page 6 • Use the California Interactive Broadband Map if needed to map proposed technical assistance project areas: https://www.broadbandmap.ca.gov/ If needed, the 'Data Query Tool' on CPUC's California Interactive Broadband Map (see link above) may be used to export census blocks or other types of political boundaries (e.g., tribal areas, counties, census designated places) into a CSV file by manually selecting regions on the map. See Appendix B and the link below to learn more about using this mapping tool.

V. Required Supplemental Materials
Applicants must also upload a project proposal or proposed contract, letter of support, and a notarized affidavit form. See Appendix A for a sample notarized affidavit form.

A. Project Proposal or Proposed Contract
Applicants must provide a proposed contract(s) if planning to work with a consultant or community-based organization. A written project proposal will suffice if technical assistance is to be provided in-house. The proposed contract or project proposal must include the following:
• Scope of work with a description of the reimbursable work product (e.g., a report summarizing X, a written engineering study including network diagrams, a broadband strategic plan with last mile project specifications) • Description of each reimbursable work product expected to result from the contract or project proposal. While more than one reimbursable work product may result from a contractor or project proposal, each reimbursable work product proposed in the application must be supported by a contract or project proposal. 14 • Detailed cost estimate including hourly rates and total cost per team member • Proposed timeline for completion within 24 months
• Professional qualifications/resumes of team members
B. Letters of Support
Applicants are required to submit a letter of support demonstrating collaboration between overlapping local agency jurisdictions. This letter must include information relating to coordination performed with other eligible local agencies with geographic jurisdictions that overlap with the local agency applicant’s geographic jurisdiction, if the applicant is not a sovereign tribal government.
14 D.22-02-026, Attachment 1 at 6.

Local Agency Technical Assistance Grantee Administrative Manual, Page 7 Tribal applicants are required to submit a letter of support from the tribal chair, administrator, or council, though these letters need not detail coordination efforts with local agencies.

VI. Application Submission and Timeline
Applicants are required to submit the Commission-provided application form and supporting documents. Completed applications should be submitted electronically to the following address. This email should also be used for all program inquiries and administrative needs, including payment requests and reporting:

LATA Program Email:

[email protected]
LATA Program Address:

California Public Utilities Commission, Communications Division Attn: Local Agency Technical Assistance Grant Program
505 Van Ness Avenue, San Francisco, CA 94102
If needed, larger files may be submitted via secure file transfer to https://cpucftp.cpuc.ca.gov/.

Applications may be submitted at any time until funding is exhausted. The Communications Division staff will notify an applicant by letter or email specifying reasons for denial should an application fail to meet program eligibility criteria or other factors. Local agencies that are not selected are welcome to re-apply with revised proposals.

VII. Required Forms and Obligations
Consent Form and Payee Data Record. Upon a funding application’s approval, the grantee will receive an email from the Commission requesting them to submit required documents, which include a Consent Form and a Payee Data Record.
15 The Payee Data Record (STD 204) is a State
of California standardized form that is needed for tax purposes. The Consent Form binds the grant recipient to the terms, conditions, and requirements of both the authorizing Decision and the approval document (7either a Commission Resolution awarding the grant or an award letter, if approved by CD staff). Grantees must sign and submit a Consent Form within 30 15 The Payee Data Record is required in order to receive payment from the State of California, and information provided in this form will be used by the Commission to prepare Information Returns (e.g., Internal Revenue Service, Form 1099.

Local Agency Technical Assistance Grantee Administrative Manual, Page 8 calendar day from the date of the award. Failure to submit the Consent Form within 30 calendar days from the date of award letter will deem the grant null and void.

Federal Compliance Form. As recipients of Federal financial assistance, grantees are also required to submit a form entitled Assurances of Compliance with Title VI of the Civil Rights Act and meet legal requirements relating to nondiscrimination and nondiscriminatory use of Federal funds.16 (This form does not apply to tribal grantees.) The Commission will not initiate payment for LATA grants until CD staff receive these forms.

Prevailing Wages. Prevailing Wage rules and requirements apply to LATA grants.

VIII. Payments and Compliance
Grantees must submit payment requests using the Completion Report to Communications Division template. See Attachment C for a sample. All requested reimbursements must be allocated to activities/g approved in the work plan and be supported by attaching relevant invoices. Please note the following additional requirements.

A. Direct Payment to Grantee
Payment will be made directly to the local agency or tribe as the grant recipient.

B. Partial Payment
Local agency grantees may request partial reimbursement if they complete one or more of the approved reimbursement work products prior to completion of other reimbursable work products approved in the same grant authorization. Payment will be based upon receipt and approval of an invoice(s) submitted by the local agency showing the expenditures incurred for the reimbursable work product, along with work product for which partial payment is requested. Invoices must be supported by documentation including but not limited to the actual cost of labor and any other expense that will be recovered by the grant. If any portion of 16 These requirements include ensuring that entities do not deny benefits or services, or otherwise discriminate on the basis of race, color, national origin (including limited English proficiency), disability, age, or sex (including sexual orientation and gender identity), in accordance with Title VI of the Civil Rights Act of 1964 (Title VI) Public Law 88-352, 42 U.S.C. 2000d-1 et seq., and the Department's implementing regulations, 31 CFR part 22; Section 504 of the Rehabilitation Act of 1973 (Section 504), Public Law 93-112, as amended by Public Law 93-516, 29 U.S.C. 794; Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681 et seq., and the Department's implementing regulations, 31 CFR part 28; Age Discrimination Act of 1975, Public Law 94-135, 42 U.S.C. 6101 et seq., and the Department implementing regulations at 31 CFR part 23

Local Agency Technical Assistance Grantee Administrative Manual, Page 9 the partial reimbursement request is found to be out of compliance, grantees will refund any disallowed amount along with appropriate interest.17
C. Itemized Accounting for Administrative Costs
To the extent that any portion of an award was used to reimburse a local agency for administrative costs associated with securing or completing a reimbursable work product, the local agency must submit an itemized accounting of such costs, demonstrating the total requested for reimbursement does not exceed 15 percent (15%) of the total authorized award.
18 D. Timing and Modifications
Grantees must complete projects within 24 months or the Commission may withhold or reduce payment.19 If the grantee cannot complete the project within the 24-month timeline, they must notify the Commission or CD's Director ([email protected]) as soon as they become aware that they may not meet the project deadline. Grantees must request timeline changes and receive approval at least 30 days before the anticipated change. They must provide details in writing regarding the reason for timeline change and a revised schedule, including impacts on any work deliverables (see next section). In the event the grantee fails to notify the Commission or CD's Director and secure approval at least 30 days before the anticipated change, the Commission may withhold or reduce payment. If any portion of reimbursement is found to be out of compliance, grantees will refund any disallowed amount along with appropriate interest.20
In addition, grantees must communicate in writing to Communications Division Director regarding any changes to the substantive terms and conditions underlying Commission approval of the grant (such as changes to a reimbursable work product contract, work plan, or budget) at least 30 days before the anticipated change. Substantive changes may require approval by either the Communications Division Director or by Commission resolution before becoming effective.

All tasks and performance specified under the terms of any award shall be completed on or before the completion of the project. The Commission may withhold or terminate grant payments if the grantee does not comply with any of the requirements set forth in its application and D.22-02-026.21
17 D.22-02-026, Attachment 1 at 10.
18 D.22-02-026, Attachment 1 at 2 and 10.
19 D.22-02-026, Attachment 1 at 9.
20 D.22-02-026, Attachment 1 at 10.
21 D.22-02-026, Attachment 1 at 10.

Local Agency Technical Assistance Grantee Administrative Manual, Page 10 E. Project Completion and Final Payment
Project Completion. Upon completion of the technical assistance and before final payment, grantee must provide a signed Completion Report and Final Payment Form and they must submit a copy of the final report/study/joint powers agreement etc. to the program email address. See Appendix C for a sample of this form template. These materials should state that the agreed upon work has been completed and include a request for final payment as well as documentation of the overall project outcome and deliverables in accordance with the approved grant agreement. Among the information requested in the form, grantees should provide the following:
• Short summary of the reimbursable work product(s) created under the contract. • A short description of the technical assistance work completed that is suitable for posting on the Commission’s web page.
• Identification of areas where the local agency intends to deploy broadband infrastructure stemming from their technical assistance work, suitable for posting on the Commission's website.

Work products that should be considered for confidential treatment should be accompanied by an attestation by the grantee describing the reasoning for confidential treatment according to General Order 66-D.

Failure to Comply. If the grantee fails to complete the project, in accordance with the terms of approval granted by the Commission, and as described in the contract, the grantee will be required to reimburse some or all of the funds that it has received.22 F. American Rescue Plan Act Reporting Requirements
The American Rescue Plan Act (ARPA), State and Local Fiscal Recovery Fund Reporting Requirements directs grantees and CPUC staff to ensure all required reporting information set forth in the Compliance and Reporting Guideline and Project and Expenditure Report for broadband infrastructure projects is available for each technical assistance grant.23 Reporting guidelines are anticipated from the US Treasury and California Department of Finance by 2023.

G. Contractor Monthly Reporting Requirements
SB 156 requires grantees to fulfill the monthly reporting requirements set forth in Public Utilities Code section 281(l)(1) if they are using a licensed contractor or subcontractor to 22 D.22-02-026, Attachment 1 at 10.
23 https://home.treasury.gov/policy-issues/coronavirus/assistance-for-state-local-and-tribal-governments/stateand-local-fiscal-recovery-funds

Local Agency Technical Assistance Grantee Administrative Manual, Page 11 undertake a contract or subcontract in excess of twenty-five thousand dollars ($25,000). The Commission is required to post that information on its website. Specifically, SB 156 requires the following to be reported to the Commission on a monthly basis:
• The name and contractor’s license number of each licensed contractor and subcontractor undertaking a contract or subcontract in excess of twenty-five thousanddollars ($25,000) to perform work on a project funded or financed pursuant to this section.
• The location where a contractor or subcontractor described in subparagraph (A) will be performing that work.
• The anticipated dates when that work will be performed.

Licensed contractor or subcontractor means any contractor that holds a California state license through the contractor’s state license board (https://www.cslb.ca.gov/).

H. Record Retention
Grantees are required to maintain records such as files, invoices, and other related documents for five years after final payment. Grantees shall make these records and invoices available to the Commission upon request and agree that these records are subject to financial audit by the Commission at any time within the five years after the final payment made to a grantee.24 IX. Acknowledgment and Publicity
Any publications, studies, or reports made possible or derived in whole or in part from the project, and any news articles, brochures, seminars, or other promotional materials or media through which the grantee publicizes the Project will acknowledge the program in the following manner:
“Funding for this project has been provided in part through a grant for Local Agency Technical Assistance from a program administered by the California Public Utilities Commission.” 24 D.22-02-026, Attachment 1 at 10.

Local Agency Technical Assistance Grantee Administrative Manual, Page 12 X. More Information and Links
In addition to this manual, the program webpage provides background and updates. The URL is: https://www.cpuc.ca.gov/industries-and-topics/internet-and-phone/broadbandimplementation-for-california/local-agency-technical-assistance The following are CPUC links for more information about Local Agency Technical Assistance as well as other broadband funding programs:
• Decision 22-02-026 with Guidelines for Local Agency Technical Assistance • CPUC Broadband Implementation Webpage for SB 156 Programs • Local Agency Technical Assistance
• Last-Mile Federal Funding Account
• Open-Access Middle Mile
• California Advanced Services Fund (CASF)
• Tribal Technical Assistance Broadband Grants
• US Treasury Coronavirus State and Local Fiscal Recovery Funds

Appendix A: Technical Assistance Application & Forms

Local Agency Technical Assistance
PART 1. GRANT APPLICATION CHECKLIST
Instructions: To assist the CPUC Communications Division in verifying the completeness of your application, mark the box to the left of each item to indicate you provided the requested information and uploaded required additional materials with your application spreadsheet. For more details about these requirements, please review CPUC Decision D.22-02-026, Appendix 1.
link to D.20-02-026 Technical Assistance Decision and Guidelines #
Item
Included? Item To Be Completed By Applicant (submit separately if indicated below) 1 Applicant Name and
Organization
Authorized Local Agency or
Tribal Leader Name and
Title
Provide information below:

Address Line 1
Address Line 2
City
State
ZIP Code
Website Address
Phone Number
California Tribe?
Federal Tribal
Recognition?
2 Key Project Contact (i.e.,
staff contract manager) Provide information below:

First Name
Last Name
Organization Position
Address Line 1
Address Line 2
City
State
ZIP Code
Email Address
Phone Number
3 Grant Project Description Provide information below:

Project Title
Brief Description
Project Location
4 Letter of Support Submit as separate attachment(s) and check box to indicate included.
5 Project Proposal (if
planning to use in-house
staff) or Proposed Contract
(if planning to outsource
work)
Submit as a separate attachment(s) and check box to
indicate included.

Must include: (1) the project scope of work for a
consultant and/or staff to carry out the Local Agency
Technical Assistance; (2) detailed cost estimate
including hourly rates and estimated total hours for
each person; and (3) proposed timeline for
completion; (4) geographic basis for the proposed
project area (such as by Census Block) sufficient to
demonstrate broadband need.

If the applicant intends, as part of the project, to (a) complete multiple work products (i.e. joint powers
agreement(s), feasibility studies, etc.) and (b)
request partial payment for work product(s)
completed before the project's completion, all
potential work products must be outlined and
supported in the contract or proposal, and listed
separately in the Budget Summary.
6 Proposed Total Budget ($) $
7 Project Summary Provide information in Tab 2 (Project Summary) of this spreadsheet and check box to indicate included.
8 Budget Summary Provide information in Tab 3 (Budget Summary) of this spreadsheet and check box to indicate included.
9 Name of Organization to
Receive Payment (Local
Agency or Tribal Entity)
Address Line 1

Address Line 2
City
State
Zip Code
Website Address
Phone Number
10 Affirmation of Incremental
Staff Hours
I, the undersigned, affirm that any staff hours
expended on reimbursable activities, and for which
reimbursement will be requested, are incremental to
the pre-grant award scope of work and would not be
performed by the staff person absent the grant
award.
11 Agreement for 24-Month
Completion
I, the undersigned, acknowledge that the project
must be completed within 24-months from the date
of Commission approval of the grant.
12 Notarized Affidavit
(separate form, upload
with submission)
Submit separate required form and check box to
indicate included. The form can be found on the
LATA website: https://www.cpuc.ca.gov/industriesand-topics/internet-and-phone/broadbandimplementation-for-california/local-agencytechnical-assistance 13 Electronic Signature X

Local Agency Technical Assistance
APPLICATION PART 2: PROJECT SUMMARY
Instructions: Please provide the following information about a broadband technical assistance project that supports a local agency or Tribe. Project types may include but are not limited to: needs assessments, market studies, broadband strategic plans, business plans; environmental, feasibility, engineering design studies or reports; forming a joint powers authority; consultant and community-based organization services.

Name and Location of Proposed Grant Project
Type of Project and Scope
Total Budget ($)
Project Timeline (include start and end dates,
must be completed within 24 months)
Explain how the proposed technical assistance
grant project will support your Local Agency or
Tribe in pursuit of last-mile broadband
infrastructure deployment to unserved or
underserved households and businesses.

How will the proposed technical assistance grant
support broadband infrastructure deployment
to unserved and/or underserved households
and businesses at speeds of at least 100 Mbps
upload and download speeds?
Summary of consultant or staff experience.

Upload resumes separately.

Short description of the project suitable for
posting on the Commission’s web page.

Example: The proposed project will fund a
Broadband Strategic Plan for City X. This plan
will outline a strategy expected to result in
broadband infrastructure projects designed to
provide service to unserved or underserved
households and businesses and that are
designed to, upon completion, reliably meet
or exceed symmetrical 100 Mbps download
and upload speeds. This project will be
completed within the 24-month timeline.

Other Information

Local Agency Technical Assistance
APPLICATION PART 3: BUDGET SUMMARY
Instructions: Please provide the following descriptive and quantitative budget summary information for your proposed grant project. Add additional space if needed.

Applicant (Local Agency or
Tribe):

Project Name:

Year 1 Year 2
BUDGET LINE ITEM Work
Product
Work
Product
Work
Product
Work
Product
Work
Product
Work
Product
Work Product Title (e.g., Request
for Proposal Development, Needs
Assessment, Strategic Broadband
Plan)
Timeline (weeks from project
start)
Work Product Costs (consultants,
subconsultants, organizations,
and/or staff)
Cost Cost Cost Cost Cost Cost
Total Work Product Costs
(consultants, subconsultants,
organizations, and/or staff)
$
-
$
-
$
-
$
-
$
-
$
-
Total Administrative Costs
(see Note)
$
-
$
-
$
-
$
-
$
-
$
-
TOTAL COSTS $
-
$
-
$
-
$
-
$
-
$
-
Note:

Administrative costs are defined as indirect overhead costs attributable to a project, per generally accepted accounting principles (GAAP), and the direct cost of complying with Commission administrative and regulatory requirements related to the grant itself. Up to 15%of administrative costs may be associated with the securing or completion of reimbursable work products, other than the cost of local agency staff hours. (D.22-02-026, Attachment 1 at 2)

Local Agency Technical Assistance
APPLICATION PART 4: GEOGRAPHIC INFORMATION
Instructions: Please provide a description of the geographic location(s) that the applicant intends for service to be provided as a result of the technical assistance project(s). The CPUC requests this information since local agencies with geographically overlapping jurisdictions are encouraged to collaborate. We encourage the applicant(s) to provide as much detail on the intended geographic location(s) as possible.

ITEM INSTRUCTIONS RESPONSE
Type of Local
Agency
Choose from drop down in spreadsheet.

Describe type of Local Agency if not in
dropdown.

Describe Project
Location
Provide a short description of the intended
geographic location(s) (e.g., city limits, county
limits, utility service area) to assist in the
review of this application.

Census Block(s)
Submit as separate document and note the
file name in this field (if submitting via email).

The 'Data Query Tool' on CPUC's California
Interactive Broadband Map can be used to
export census blocks into a CSV file by
manually selecting regions on the map.
(https://www.broadbandmap.ca.gov/)
If Census Blocks are not currently known, the
Data Query Tool can also be used to create
CSV files of other types of political
boundaries (counties, Tribal Areas, etc.) and
can be provided in a separate file. Additional
information on the intended geographic
location(s) can be listed in the relevant fields
below.

If Census Block(s) are not known, provide the
following information on intended
geographic location(s):

County/Counties
City/Cities
Zip Codes
Other Unique Geographic Data
(describe and provide list)

Shapefile
and/or Map
A shapefile and/or map of the intended
geographic location(s) may be submitted as
separate document(s) instead of census
blocks. Indicate via the drop down whether a
shapefile or map is included in relevant fields
below:

Shapefile included?
Name of Shapefile (if included "N/A" if not):

Map Included?
Name of Map file (if included, "N/A" if not):

Notarized Affidavit
My name is ____________________________. I am ___________________ [Title] of _______________________________________ [Name of Organization to receive grant].

My personal knowledge of the facts stated herein has been derived from my employment with ____________________________ [Name of Organization to receive grant].

I swear or affirm that I have personal knowledge of the facts stated in this Application for a Local Agency Technical Assistance Grant under the provisions of Decision (D.) 22-02-026, as authorized by the Legislature and the California Public Utilities Commission, I am competent to testify to them, and I have the authority to make this Application on behalf of and to bind the Organization.

I further swear or affirm that ________________________ [Name of Organization to receive grant] agrees to comply with all federal and state statutes, rules, and regulations, including the California Advanced Services Funds program rules the Commission establishes, covering broadband services and state contractual rules and regulations, if granted a Local Agency Technical Assistance grant.

I further swear or affirm that _____________ [Name of Organization to receive grant] agrees to comply with the terms, conditions and requirements of the grant and thus submits to the jurisdiction of the Commission with regard to the disbursement and administration of the grant if granted a Local Agency Technical Assistance grant.

I swear or affirm that I agree to comply with Rules 1.11 and 2.2 of the California Public Utilities Commission’s Rules of Practice and Procedure.

I swear or affirm, under penalty of perjury, and under Rule 1.1 of the California Public Utilities Commission’s Rules of Practice and Procedure, that, to the best of my knowledge, all of the statements and representations made in this Application are true and correct.

If ____________________ [Grantee Name] violates the terms and conditions of this award or other program and project compliance requirements, it shall be subject to Public Utilities Code Sections 2108 and 2111. The Commission may impose the maximum penalties allowed under Public Utilities Code sections 2108 and 2111 for failure to meet the program and project compliance requirements, as determined by the Commission.
___________________________
Signature and title
___________________________
Type or print name and title
SUBSCRIBED AND SWORN before me on the _____ day of ______________, 20______.

Notary Public In and For the State of _____________________________________________ My Commission expires _______________________________________________________

Appendix B: California Interactive Map Reference

California Broadband Mapping Tool
Link to the mapping tool:
https://www.broadbandmap.ca.gov/
Includes census political boundaries (green
box)
Data Query Tool (red box) allows selection
of individual census blocks (so long as the
layer is already visible).

Screenshot of the Data Query Tool in Use
 Note the census blocks layer is on and shows the boundaries.  One of the “Select Draw Tool” options is used to select the census blocks.  Select “Get Features” to display a block and populate the data on the right, which can be exported as a CSV (the red box).
 Brief primer on the census hierarchy (from largest area to smallest): census tract, census block group, census block

Appendix C: Completion Report and Payment Form (Sample)

Local Agency Technical Assistance
Completion Report & Final Payment Form
Sample Template (Subject to Revisions)

1. GRANTEE AND PROJECT OVERVIEW
Grantee Name:

Consultants Name:

Project Name:

Project ID:

Award Grant Amount: ($)
Payment(s) received to date: ($)
Project completion date: (MM/DD/YY)
Report submission date: (MM/DD/YY)
Amount of Request: ($)
Attested by:

I certify to the best of my knowledge that all
statements and representations made in
this report are true and correct
under penalty of perjury.

Name:

Signature:

2. PROJECT SUMMARY
Please provide a summary of the contract including work completed by the consultant, contractor and/or local agency staff. Provide details of the work that was completed, including scope of the work, detailed costs, and the timeline from start to completion. (Add additional pages if necessary).

Describe the area(s) where grantee intends to deploy broadband based on the reimbursable work product(s) and expects the technical assistance work will lead to broadband infrastructure deployment project(s) that will achieve the CASF deployment goal. Provide a summary suitable for posting on the Commission's website. (Add additional pages if necessary).

3. PROJECT DOCUMENTATION DESCRIPTION
Please provide the following necessary documents and check the boxes “Yes” or “No” in Section 4 below. If you checked the box “No” then please provide the brief reasoning in the Comments section or on a separate sheet.
a. Copy of the original Contract (for outsourced work) and/or Project Proposal (for inhouse staff work). Include scope of work with details and any approved changes. b. Invoices supporting consultant/contractor and administrative expenses. c. Completed Reimbursable Technical Assistance Final Work Product(s) (e.g., market analysis, environmental review, engineering and design documents, other). d. Itemized Accounting for local agency administrative costs.

4. PROJECT DOCUMENTATION CHECK LIST
Please check off documents submitted that pertain to the Contract or Project Proposal. Also, upload work products to [email protected] or via FTP if larger at https://cpucftp.cpuc.ca.gov/.

Contract/Agreement/Proposal
No. Document Required Document
Submitted
Comments
a. Copy of the Contract and/or
Project Proposal, with scope
of work details and any
approved changes.

Yes ______
No ______
b. Invoices supporting services from
consultants, contractors,
administrative expenses, etc.

Yes ______
No _______
c.

Final Technical assistance work
products such as consultant and
engineering products (e.g.,
blueprints, drawings, plans,
design documents, etc.), staff and
community-based organization
work products.

Yes _______
No _______

d.

Staff timesheets, receipts, billable
hours for legal counsel
Yes_______
No_______

5. COST DETAILS NEEDED FOR REIMBURSEMENT – DESCRIPTION
Provide a summary of project cost breakdown for each project that is outsourced (e.g., to a consultant, other contracting work, community-based organizations) or conducted in-house by staff. Examples of cost categories: Hardware, Software, License, Accessories, etc.

Services and finished products such as Engineering, Design, Drawings, Blueprints, Plans, etc.

Shipping, Handling, and Taxes, administrative costs, or any other costs incurred. Itemize costs in Section 6 below.

6. REIMBURSEMENT REQUEST COST DETAILS
Please provide project expenses summary as per budget line item in the below table. a. Itemized details for all the expenses claimed on the project for the payment reimbursement should be provided through contract and/or agreement for services and supporting invoices and/or receipts.
b. The project expenses summary should agree with the total amount in the approved budget or less but not more.
c. Add more lines if needed.

Project Expenses Summary Grant Funds ($)
Consultation Cost:

Engineering and Design Costs as mentioned above:

Plans, Blueprints, Drawings cost:

Shipping, Handling, Mailing, Insurance cost:

Hardware, Computer Program cost:

Administrative Costs:

Other expenses (if any):

Total Requested Reimbursement ($):

Agenda Item No: 13.a.

MEETING DATE/TIME: 12/7/2022
ITEM NO: 2022-2203

AGENDA SUMMARY REPORT
SUBJECT: Authorization for City Manager to Negotiate and Execute Joint Venture Agreement with County of Mendocino for Conversion of the Low Gap Park Tennis Courts to Pickleball Courts.

DEPARTMENT: Community Services PREPARED BY: Marianne Davison, Senior Recreation Coordinator PRESENTER: Marianne Davison, Senior Recreation Coordinator ATTACHMENTS:

1. MOU

2. Proposal

3. Example of Cost
Summary: Staff is requesting City Council authorization for City Manager to negotiate and execute a joint venture with the County of Mendocino for Conversion of the Low Gap Park Tennis Courts to Pickleball Courts.

Background: Pickleball is one of the fastest growing sports in the United States and in Ukiah. It has elements of tennis, badminton, and ping-pong played with a paddle and wiffle ball. While popular mostly amongst seniors because of its low impact and accessibility, it is a growing sport of all ages and athletic skills.

Since 2018, the pickleball community has approached the City of Ukiah for dedicated pickleball courts.

Currently, pickleball players mostly play at the Oak Manor Tennis Courts with painted lines and inside of the Alex Rorabaugh Recreation Gym. The City's Recreation Department has offered open pickleball gym, leagues, and tournaments.

Therefore, the City is looking to upgrade the tennis facility to become dedicated pickleball courts at Low Gap Park. There are currently two tennis courts that could be converted to six pickleball courts. The conditions of the tennis courts are poor, but improvements would increase utilization and allow up to 32 players to play at a single time. Recent outreach has shown the decline of interest in tennis in Ukiah. However, the proposed project would simply shift the existing availability of the court from Low Gap to Oak Manor for tennis players and visa versa for pickle ball players.

Currently, the City and the County of Mendocino have a Memorandum of Understanding (MOU) (Attachment 1) for the County to operate, manage, provide oversight of, and maintain the Park Use Area. The Park Use Area includes the picnic area, playground, tennis courts, and other amenities.

Discussion: With continued interest of community members and the Ukiah Pickleball Club (UPC) to have dedicated pickleball courts, the City would like to work in collaboration with the UPC to resurface the tennis courts at Low Gap Park, and convert them to dedicated pickleball courts (See Attachment 2 for Proposal).

The majority of pickleball players in Ukiah currently play at the Oak Manor Tennis Courts, but the Low Gap Tennis Courts are a preferred location for this project due to noise levels associated with the game. There are no homes located immediately next to the Low Gap Tennis Courts, which makes this an ideal location.

Staff has met with the County and administratively agree the project is worth considering. Staff is seeking Council authorization at this time to proceed with project development and implementation including authorizing the City Manager to Negotiate and Execute a Joint Venture Agreement with the County of

Mendocino.

Under the proposed Joint Venture Agreement, the City will be the financial lead on the project and will seek funding through grants. Additionally, Staff will work in support of the UPC’s fundraising efforts. The City will be responsible for all aspects of awarded grants and project management, including the bidding process, contracting, and construction oversight. The City will ask the County to provide letters of support and other materials as may strengthen grant applications, as well as respond in a timely manner to requests for approval of contract awards and construction schedules. The City will provide routine updates to the County on project progress and seek approval from the County before awarding contracts and beginning construction. Note: The existing Memorandum of Understanding between the City and County will be updated to reflect the continued maintenance by the County after this project is completed.

Staff met with UPC to start the research process for the cost of tennis court conversions (See Attachment 3 for example of cost). There are different levels of conversion depending on the condition of current tennis courts.

Costs vary from simple repairs costing $10,000 up to $50,000 for resurfacing. UPC has started the fundraising process and has about $5,000. There will be no financial impact beyond staff time who will coordinate fundraising and grant efforts as well as project implementation.

Recommended Action: Authorize the City Manager to negotiate and execute a joint venture agreement with the County of Mendocino for Conversion of the Low Gap Tennis Courts to Pickleball Courts.

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: Grants, fundraising, donations, and sponsorship PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A
DIVERSITY-EQUITY INITIATIVES (DEI): Goal 4 – Identify and actively engage underrepresented communities in which to retain, expand, develop, and implement programs.

CLIMATE INITIATIVES (CI): N/A

BOS AGREEMENT # t~ - 5z

MEMORANDUM OF UNDERSTANDING
Superseding BOS Agreement 09-071)
This Memorandum of Understanding ( MOU) is entered into on the IN y day of t"MV2Cg , TiT,, 2010 ("Effective Date"), by and between the County of Mendocino (hereinafter referred to as "the County") and the City of Ukiah ( hereinafter referred to as " the City"), superseding BOS Agreement 071: No.09-
Whereas, on June 26, 1973, the City and the County entered into a 'Cost Sharing Agreement Based on Use' ("Use Agreement", see attached Exhibit A) for property (APN 001-9) 020- adjoining the County Regional Park on Low Gap Road, said property being more particularly depicted and described in the attached " Exhibit B" and "Exhibit C"; and
Whereas, the area subject to the Use Agreement ("the Parking Area") is a portion of APN 001-020- 09; and
Whereas, the terms of the Use Agreement granted the County of Mendocino the use of "the Parking Area" for a parking facility for said park, in return for a contribution toward the purchase price of APN 001-020- 09, not to exceed $12,500; and
Whereas, after the City's purchase of APN 001-9, 020- the County developed a portion of APN 001-9 (" 020- the Park Use Area"), for a parking facility, picnic tables, playground, tennis courts, volleyball courts, and a Rotary Club memorial grove; and
Whereas, since 1973, the County has continually developed, improved, installed, operated and maintained the " Park Use Area", which is more particularly described in the attached " Exhibit D", as a portion of the County Regional Park on Low Gap Road; and
Whereas, the City will be constructing a Skate Park and restrooms located within the "Park Use Area", which is more particularly described in the attached Exhibit E"; and
Whereas, the City has received a grant from Robe rti- BergZ' Harris Nonurbanized Area Need-Basis Program 2002 in the amount of $500,000 ("the Grant"), which contains conditions with which the City is required to comply; and Whereas, under the terms of the Grant, the City is required to exercise site control" over the property improved with grant funds and to keep the improved facilities available for public recreation, purposes for not less than twenty (20) years; and
Whereas, "site control" for the operation, management, oversight, and maintenance of Low Gap Regional Park was established on October 2, 2007, Attachment 1

under Board of Supervisors Agreement 07-202, and subsequently superseded on May 12, 2009, under Board of Supervisors Agreement 09-071 to further include "site control" over the location of the Skate Park and Restroom area; and Whereas, the terms of the Use Agreement give the County the use of the Ukiah Skate Park for property development; and
Whereas, the County has agreed to put forth $70,000 of Prop 40 funds to the City for the building of a skate park at the Low Gap Park; and Whereas, after the County'scontribution toward development of the Ukiah Skate Park, the City will continue to dedicate the Ukiah Skate Park for public and community use; and
Whereas, under the terms of the Grant, the City must have the authority to oversee and approve the County's use of the improved property in order to comply with the City's obligations under the terms of the Grant; and Whereas, for the foregoing reasons, the City and County desire to set forth herein their rights and obligations concerning the operation and maintenance of the Ukiah Skate Park; and
Whereas, the City and the County mutually agree to support one another's applications for future grant funding for Low Gap Park; Now, therefore, the following are the terms and conditions of this MOU:

1. The County will continue, at its own expense, to operate, manage, provide oversight of, and maintain the Park Use Area for the uses currently conducted on that property, described above, as part of the County Regional Park on Low Gap Road. The County will continue to maintain the playground equipment as required by Proposition 12. The County shall use reasonable efforts to maintain the current facilities within the newly described " Park Use Area" (Exhibit E) in a condition that allows for public use of the facilities for their intended purposes and shall not permit or maintain a dangerous condition of public property thereon.

2. In the event that the County does not operate, manage, provide oversight of, and maintain the facilities in the "Park Use Area" and within the County Regional Park on Low Gap Road in the condition as required by Section 1 of this Agreement, the City shall have the right to provide written notice to the County of any conditions that violate the requirements of this Section 2. Within 15 days of its receipt of the notice, the County must provide the City Manager with a written response.. The current conditions of the facilities of the Park Use Area are depicted on the attached "Exhibit F. Nothing in this Agreement shall be construed to require the County to assign an employee to supervise the Park Use Area at all times that it is being used by the public. The County in its

discretion shall determine how often and by what means it supervises the use of the Park Use Area.

3. In the event that the City does not provide adequate supervision and oversight of the Skate Park, so as to minimize any negative impacts on the County leased portion of the City's property (Park Use Area), the County shall have the right to provide written notice to the City of any conditions that violate the requirements of this Section 3. Within 15 days of its receipt of the notice, the City Manager must provide the County with a written response. Nothing in this Agreement shall be construed to require the City to assign an employee to supervise the Skate Park at all times that it is being used by the public. The City in its discretion shall determine how often and by what means it supervises the use of the Skate Park.

4. The City shall at its own expense operate, manage, provide oversight of, and maintain the Ukiah Skate park for public recreation purposes.

The City shall use reasonable efforts to maintain the park in a condition that allows for public use for its intended purposes and does not constitute a dangerous condition of public property. For the term of this MOU, the County hereby grants the City authority to manage, direct, superintend, restrict, regulate, govern, administer, or oversee the Skate Park portion of the property located at 1041 Low Gap Road, Ukiah, California for the public recreational use of said property and the City shall keep the Ukiah Skate Park available for public recreational purposes and in a condition suitable for such purposes, for a period of twenty (20) years from the completion of the work funded by the Grant.

5. The County shall have the right to provide the City with written notification In the event that the City does not operate, manage, provide oversight of, and maintain the Ukiah Skate park in an operational condition as of the Effective Date and in a condition as required by paragraph 4 above.

6. Within 15 days of its receipt of the notice as described in paragraph 5, the City manager must provide the County with a written response, setting forth remedies which are acceptable to the County. If the City closes the Skate park, it shall accept full responsibility for any liabilities of the County arising under the terms of the Grant agreement, if any, and shall fully indemnify and defend the County from and against any such liability.

7. The " Park Use Area" shall no longer include the City owned property wherein the City plans to build the Skate Park, as depicted in Exhibit E, and the County has no ownership, or operation and maintenance responsibilities of the Skate Park.

8. The City shall provide restroom facilities on the City's property near the location of the Skate Park and shall maintain said restroom facilities, which shall be available for the use by users of the Skate Park and the Park Use Area.

If the restrooms are damaged at any time by minor vandalism (an amount not to exceed $2,000), the City and the County shall share equally the cost to repair

such damage. If the restrooms are damaged at any time by major vandalism (an amount over $2,000) the City shall be solely responsible for the costs associated with the repairs. If at any time prior to December 31, 2012, the State of California releases the County's Proposition 40 per capita funding, the County shall contribute, not to exceed, $70,000 of said funds to pay or reimburse the cost of construction of the Skate Park. Said $70,000 from the County is contingent upon approval by the State for said project.

9. The City shall provide parking lot enhancements to include combining into a single parking lot the two existing parking lots and paving the lots in accordance with standards mutually agreeable to the parties. Once the lots have been improved, as provided herein, the parties shall share equally the costs to maintain the parking lot infrastructure. Routine daily maintenance of the parking lot shall be the responsibility of the City.

10. City and County will comply with all federal, state, and local laws and ordinances as may be applicable to the carrying out this MOU.

11. The Term o the MOU shall commence on 2010
shall continue until , 2030. This MOU may be,extended on its same terms and conditi ns, fora period not to exceed twenty (20) .years, upon written agreement between the County and City.

12. The County shall indemnify, defend and hold harmless the City, its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses, including the fees of attorneys, investigators, experts, expert witnesses and consultants, arising out of the County's performance under this Memorandum of Understanding, and the performance thereunder of its contractors, subcontractors, officers, agents and employees or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where the claim, damage, loss or expense is caused by active, sole negligence, or willful misconduct of the City. County shall name City as an additional insured under its insurance coverage, whether by an insurance company or a joint powers agency. County shall furnish City with a policy endorsement or other satisfactory evidence that such coverage is in effect and that City is named as an additional insured.

13. The City shall indemnify, defend and hold harmless the County, its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses, including the fees of attorneys, investigators, experts, expert witnesses and consultants, arising out of the City's performance under this Memorandum of Understanding, and the performance thereunder of its contractors, subcontractors, officers, agents and employees or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where the claim, damage, loss or expense is caused by active, sole negligence, or willful misconduct of the County. City shall name County as an additional insured under its insurance coverage, whether by an insurance company or a joint powers agency. City shall furnish County with a policy

j .
endorsement or other satisfactory evidence that such coverage is in effect and that County is named as an additional insured.

14. County and City each bind themselves, their partners, successors, executors, and administrators and assigns to the other party to this MOU, and to the partners, successors, executors, administrators and assigns of such other party in respect to all covenants of this Agreement.

15. Except as above, neither County nor City shall assign, sublet, or transfer this interest in this MOU without the written consent of the other.

16. This MOU may be terminated by either party with a 60 day written notification to the other party. This MOU may be amended by written consent of both parties. Either party shall have the right to terminate the MOU upon the failure of the other party to adhere to the conditions of the MOU. Notice of intent to terminate shall be in writing, and shall provide that the party not in compliance shall have the right to come into compliance within 60 days of receiving such written notification.

17. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this MOU or.any part thereof is, for any reason, held to illegal, such decision shall not affect the validity of the remaining portions of this Agreement or any part thereof.

18. No waiver, alteration, or modification of any of the provisions of this MOU shall be binding unless in writing and signed by a duly authorized representative of both parties to this Agreement.

19. Whenever notice is permitted or required under the terms of this Agreement, it shall be deemed given when received, if delivered personally, by fax or by overnight courier, and 48 hours after deposit in the United States Mail with proper first class postage affixed thereto. Notices shall be sent to the following address or fax number, unless notice of an address change is given as provided herein.

CITY OF UKIAH
C/O City Manager
Ukiah Civic Center
300 Seminary Ave.

Ukiah, CA. 95482
Fax: 463-6204

COUNTY OF MENDOCINO

C/O GSA
841 Low Gap Road
Ukiah, CA. 95482
Fax: 463-4673

IN WITNESS WHEREOF, the parties hereto have executed these presents in duplicate original the day and year first above written.

CITY OF UKIAH COUNTY OF MENDOCINO
ity anager
9* A'7z9
Date
ATTEST:

OA i Clerk
APPROVED AS TO FORM:

City
Chair, Board of Supervisors
Date
ATTEST:
41M R UI LI IC DUdl U
APPROVED AS TO FORM:

JEANINE B.

County Cow
INSURAN E REQUIREMENTS:

KRISTI McMENOMEY, Director
Gener Services Agency
By

ISK MANAGER

IN WITNESS WHEREOF, the parties hereto have executed these presents in duplicate original the day and year first above written.

CITY OF UKIAH COUNTY OF MENDOCINO
City Mayor Chair, Board of Su ervisors
SEP 1 2010
Date Date
ATTEST: ATTEST:

City Clerk Clerk of the Board DEPUTY
APPROVED S TO FORM: APPROVED AS TO FORM:

City Atto ey J ANINE B. ADEL,
Co nsel
INSURANCE REQUIREMENTS:

KRISTIN McMENOMEY, Director
General Services Agency -#
By

RISK MANAGER
n=
I hereby certify that according to
the provisions of Government Code
sections 25103, delivery of this
document has been made.

CARMEL J ANGELO
Clerk of the Board
ByDeputy

EXHIBIT A
COST SHATtT'NG .AGRE:' TTEfi1EX+
3 iilhJEiZEAS; tino., c1ty of Wle ah has itev t..d9-
lc
A paxc:el _Df proporty a.an ' dj:ng the propose-4 :county 9. Qr~e84. al ?* 00 Low C;a-# aid
V~HBItEIkS; ` tlie Qoun : y of Mena. Y10 has ' 71d C>at d,; Ilia#. xn re.. Ilrn :nor the use of a pv:rt pn of the propFerty - far .a pang

8. fat' Uty f-rb` 014 par., the County Of '(is idac o..- would roii~r Mute th:e l-iind e,.;,. say. g-i re nrrt to exceed
S. p 0, 00
17 1;'9
20 2I
2~.

E4
25 2
2$.
2:9
Q
31 That the parties liereta sr to t}ie #o7lowixtg ae.urances.

1. That : the Covoty, of Afendo: o, tzn' State o. C'al £orn3,a Vi.ll o9iitr bu a tine ~ia7`° o9 th* Und purchase p i:ce, s a ti' fi 'o e At do O=- eed. ] Za sop ~ 00;;. Sad ontr btrt%on t.o. be made Wi.thii $ 0 day$ from the closing Of 041'row. ti. 4o. #1 o city of t1kith . S "A t:e o Cad orn a,, `i 17 ] ] ot±r said C:61ty' to . a po.rtioi' of. the pv. ias:c} ed
property. br the pax3c :ng of vehicl. s of t.-A, - peisoas liz Ag the propo$ed Lqw Gap Reg pons 1?arlc. $ aid
PUT- Aft. ti-ut' 04. f1iwill. ba ldcatei! iii the s:toarthwe` portion of th;e v. pto4rc`be. pure} ass d S: rtaa. iifi ;];l:oiLzati. i;ti 11 be vrgvi.d6d. tM#jj the. Yee.r .201-9

3.. If this rclas.ed prap:ertty ?s not ;O&leilab: to `tlje Cr i tty
tar Para pavtdiv.gpurposes; tpr"t`od M, iha City a.gvAes to re%uTS'iul. e: the Coc~ tun% gn'P. C. WA-1 Urn 4-P
A2, 0Q80n:t:4 the C.ount3.

IN VfixN:ES K!HELtEOp, t} s, ag. eEine:p: iit 1;as 1i:eeri ex.eciite by C
this day of. ° e- 1973, ana.": by C; t'ty. hs
lay ..f. 1.rr Y9..

EXHIBIT A
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Ftastti * ~iO 3!!' IYeSt, al~ng said d~pstherly, ible bli , S.4 fees to irhe - oin$ bf CUP.TtNCt • ttxercna:, tL. drip tiny. 2;q ' feQ : 3n, 'r;}tltl! 3+p3 ricj al'igni7 adj a tp sai~7 ~1or. Yythsi; tiae..0 L•Rt 0
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h1itlG 111%~ FJiTf,.!~ HTATEIX. tlDIR[ JSEOyE CTLD'. UaCt PAGES fifty' -j'_,~}
4( Cp!~ d! i.tl'.tij: 4 /: r.f••,+, :'•~• Frtw4~+. Yht~ s

EXHIBI.. B
p ~oun~s
fIFrEI~TE .©T' A~~ 1'9' IAFI~
Th(; iF,14egM„. ! t~! ItAe>. taiesi.oi:. N~infeb! piap• erlli eenveye~.bR 1Fe'dald ~;r praril ~fgiee! ~
u ~ 9"3':.: 9•`
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4. i;•~1 ti•Y ~1~.ll
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on Feliruay jj ~?1 1. biid Ous,Qrdn a ~?? u~tilvi .

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Ukiah Players Theate4 et al
E HIBI`"
Legal:. pDesca.~aE
Beim a portiQa of th- ttract.aflaud# S-1 "m ii; Gofort'b and. Rawles: to ft C j! o lkt'at1, as fecor(,ed Ju1y~ 2 , 1973 w Official Itec ii~ds al' lehdoc9no i~Cflnnt}~s Bank 932, Page 3Q , paid: portdn leing rriorapari3citl_~ydo~riled as, f~~~ s Ali: that:poWa of Lot 8, ofthe Ypkayo l cho ly%ng Witt intlYe County 4ft!IOrtdpcbo, Sate of CIY£orpi being rndi'e particularly descrihed. follows as' ommenaing at a point. on the nprtl~ lerly. to ofL. f:O. 8, oft ie 'Yb yo i. anohoy said :pay rit 414g $:71630! E, ft. t9 teat from, the northWb,§tcorner: of said Lot thewe Wying said point of comrneneei W _ °1~'~ W V,"* ot $pm S 11630,'00" t. . 169A4 feet to the Z'ft Pointof' e.~B: inning, thence; nle4w.."tli~ # rue,point n1''bcgrnnrng s l:~° l'1QO' W,
1220 feet;. ti epeeS' WOVI 430~E,110a16 f`eefi thence t:13'47' 38" E, 71.04 feet; theneeN 82° 7,'2' 00" E; 220: ee231' thence 1 ' 3:Q 00 1; D:1. d (iS poet; t of co N .10. 03:. p 360..00 feet in the'True Point of:Beg iuun.8, - con~tamug 1;31 bores, Moro ox less, 11 is real .liroperty desc ig ow as licon prepared by me or, under my ci :reotion- In conformance Wiitii the Yrof`e.. siana.1 U04 Surveyors' Art:

Artiu V Colvin >rS fa: 1;1, 2 Lcp:; 1'=R~: 08 - Dated
Goiu ty Surveyor

Low Gap County Parry

EXHIBIT D
Legal Pesot-iption.

Eeii g a.portion. of ttat track ofland;. $hjh run; Go `o~rti and. ; wiles to: ti?e City atub,, as raidrded Filly 25, .1973 hi 011--dfal Recbrds. ofUppdoeing eottntyx 000 X33, Page sa%1 portoAeig. Coro .pari0itiily or deiiled a~ follows:

Ali that. portion ofT.af df't e; ql ayb Rnri-,. h lyix g t1`z n the . y..-' f -chd - bid Mate of Caiafarn%a# being: more partic~arly described Wfallo"41 C. oni n eve n at a: pWot :on the ao~rtli04 W ofLOB, ;ofdie Yokuyo Rancho; said po*i tying 5 7] SW E? 673. 194:feet from tho northwest corner of said Lot Omoo beat/ 4-Wd point of:comti ei c,eriient: S 60° 9' 1,-W'% 26;:84. feet i s die True Point: of:Begi thence leaving said true pout ofl egixn i g: $ 60° 19'Qt?" ?V'; 21 OA3 ;feet; dio ce S :,3:8400" E; 400, f89'ot tbsnoe S 39° i1:25` 0" E;, 71.34 feet; t ieneeN 3SP26` 0"- , 0. 22z,3~ feet; thence N 4~ 13 38 ' I~t~, 71 D4 feet, thence ~ 38 Ol ~1', i 14.1G €eot.theri~N I8° U:3a' 0" E;

12.10 feet; tlsence. N 71° 0,30' 0" 17V 168,14 feet to the True Point ofBegirntuig, conta~u g

2.26 Aeres3 iriore- 1ess: or<
t'his real property .de trips#ton has. been propared by me or under my direction; in conforma~~ce with trio. Professional Land SOVOYora' Act.

Arthur t. ` Colvin,. IS 61 ZZ Ep: 3.- 1=3` 08
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TtiEMER PARC9L
Aii
LOyV GAP PARK
C+OUM5T1' PARE .

1 PO Box 934, Ukiah, CA 95482 • UkiahPickleball.org

PROPOSAL FOR CONVERTING LOW GAP TENNIS COURTS TO PICKLEBALL COURTS September 6, 2021
Executive Summary
On behalf of pickleball players in and around Ukiah, we propose that the two tennis courts at Low Gap Park be converted into six pickleball courts. The Ukiah Pickleball Club is prepared to help plan and execute the conversion, with donated labor and money.

Background
In January of 2021, The Economist magazine ran a story with the following headline:
“Pickleball is the fastest growing sport in America”
The Sport and Fitness Industry Association says pickleball participation grew by 21% in 2020, partly because it is a safe outdoor activity for players of all ages, even during a pandemic.

For cities and counties trying to keep up with growing populations, this trend is great news. Why? Simple math.

The same patch of parkland that can accommodate two tennis courts can house six pickleball courts. Plus, pickleball is almost always played as a doubles sport, so 24 people can play at the same time instead of just 4 to

8. The Ukiah Area Is Sorely Lacking in Pickleball Facilities There are currently no dedicated pickleball courts in the Ukiah area. The less popular tennis, on the other hand, has six courts at the college, six at the high school, three at Oak Manor, two at Low Gap, and scattered other, mostly private, courts. More than 50 players signed the attached petition, demonstrating the widespread desire for more courts.

Where do we play currently? Pickleball lines have been superimposed on tennis courts in two locations, Oak Manor Park and Low Gap Park, for a total of five courts. (The double set of lines is confusing for both pickleball and tennis players. Also, the net height must be adjusted depending on which sport is being played.) Currently, because Low Gap has only two courts, the Ukiah Pickleball Club hosts drop-in play at Oak Manor three mornings each week. On a recent Saturday, at the peak time, 23 players were gathered at Oak Manor, eager to play, but half of them had to wait for a court at any given time. Our Facebook page has 92 followers, more than a few of whom have simply stopped coming to drop-in play because of long wait times. Several players travel south to Sonoma County each weekend, where there are dedicated pickleball courts.

Players come from Ukiah, Redwood Valley, Potter Valley, Willits, and even from the coast and Lake County.

Occasionally, visitors from out of town join us, after finding out about play times via our website ATTACHMENT 2

2 (ukiahpickleball.org). Nearly every week, a new player joins in the fun. Even out-of-town firefighters have played with us.

While we have players of all ages, many of our growing population of pickleball players are seniors who abandoned tennis because it became too physically demanding. The Blue Zones Project and the Blue Point needs assessment both point to the need for more and better senior facilities in Mendocino County.

Low Gap Park is a great location for pickleball courts
Low Gap Park has ample parking. There are no residential neighbors to be pestered by paddle noise and players happily shouting. Restrooms are located nearby. Existing trees provide some shelter from the wind, which is important to a sport played with wiffle balls.

We have measured the site and determined that it can easily accommodate six pickleball courts (see layout on page 4). The court surface needs refurbishing anyway; it badly needs to have its many cracks filled, and its courts repainted (see photos on page 5).

The two tennis courts at Low Gap Park are rarely used by tennis players. We know this because some pickleball players have begun to play there regularly, and they rarely encounter tennis players.

How much will it cost?
After consulting with the Shasta Lake Pickleball Club, which performed a similar conversion, we estimate the hard costs to be less than $10,000 (see the List of Tools on page 9 and the List of Materials on page 10). Lights for night-time play would be welcomed, but if that added cost turns out to be prohibitive, we regard it as an add-on, not a requirement.

We plan to raise funds to help offset the costs of this project. We are currently working toward achieving 501(c)(7) tax-exempt status as an unincorporated nonprofit association. Our members have pledged more than $3,800 for this project. The South Ukiah Rotary Club has pledged $1,000. We have barely begun our outreach.

Some of our members have experience with court repairs or similar construction activities and are willing to donate their labor. We have researched the steps involved (see the Court Surfacing and Repair Hints on pages 11-13) and have links to how-to videos online. We would welcome assistance and supervision from county staff to make sure the results meet county standards.

Conclusion
The local pickleball community has grown rapidly in recent years. The lack of local pickleball courts is causing long wait times. Out of frustration, some players are splintering away from the drop-in play times, reducing the social value of the game for everyone involved.

A solution is well within reach: Low Gap Park has two under-utilized tennis courts, which can be converted cheaply into six pickleball courts, serving 24 simultaneous players. Considering that the courts will need to be refurbished soon anyway, this is an opportunity for the county to get significant help with the expense, and to serve a growing need in the community at the same time.

Ukiah Pickleball Club is well organized, and we are determined to do everything we can to help county staff do the work and help pay for it.

For further information, please contact our president, David Riemenschneider, at [email protected]. Thank you for considering this proposal.

3

4

5 Low Gap Courts Are Overdue for Attention

6

7 Courts at Oak Manor Park Are Too Crowded

8 Courts at City of Shasta Lake (Before and After)

9 Tools Needed, with Costs

10 Estimated Materials, with Costs

11 We Are Prepared to Help: Court Surfacing and Repair Hints This tennis court surfacing and repair industry is very unique. Tennis court surfacing and repair can be accomplished with a relatively low investment, in comparison to other trades. The right tools and equipment can help a good contractor achieve a quality tennis court surfacing job, in a safe and timely manner. The following list contains both necessary items and optional items that make the tennis court surfacing and repair process easier, quicker or cleaner.

1. Truck :Preferably, a flatbed truck with side racks and a hydraulic lift gate for loading and unloading surfacing material drums. A trailer that is low to the ground can also be utilized for transporting drums to the jobsite.

Court surfacing materials can be mixed on the trailer, without removing heavy drums.

2. Drum Cart :Heavy duty 2-wheel cart for moving drums of court surfacing material. A good drum cart has a sliding hook and secures the top of the drum, to keep drum secure on cart.

3. Mixing Equipment :For Tennis Court Surfacing and Repair Materials a. Agitated tanks – SportMaster Color Mixing Machines
b. Electric Drill: 1 ½ HP or larger, with long paddle mixer (approx. 30 inches) to reach bottom of drums.

4. Blower :At least 5 horsepower for removing debris, prior to surfacing.

5. Edging tool :Billy Goat Grazor, Little Wonder Pro Edger, or weed wacker to remove vegetation around court, and prevent from hanging into the court, prior to court repairs and surfacing.

6. Line Taping Machine :Dispenses masking tape for line painting, after surfacing coats. a. Striping accessories:
i. 2” to 3” paint roller & threaded handle (or paint brush) ii. Good quality masking tape (approx. 8 rolls per tennis court)

7. Scrapers :Wide scrapers for scraping the court surface before and after each coat of surfacing material is applied, (SportMaster Super Scraper).

8. Broom :Stiff street brooms for cleaning.

9. Sport Application Squeegee :For tennis court surfacing material application.

10. Patching Straight Edges :Available from SportMaster in various lengths (always use straight edge wider that area in need of repair). Steel screed, for patching/leveling low spots (bird baths) on court surface.

12 11. Shovels :For picking up excess surfacing materials from court surfaces.

12. Two 100 foot Tape Measures :preferably steel, same make and model.

13. Chalk Line :For line/striping layout.

14. Chalk or Soap Stones :Markings.

15. Clean Empty Pails (5-gallon) :
a. For mixing court surfacing materials and patching mixes. b. For transporting patching, repair, and surfacing materials. i. SportMaster “Sealer Wheeler” is also helpful for transporting court surfacing material onto court during application process.
c. A smaller (approx. 2-gallon) pail is helpful for dipping into drums and splitting repair and surfacing materials, when mixing with drill and paddle mixer.

16. Masking Tape :
a. For marking corners of playing areas on two-tone courts, to preserve existing lines and eliminate having to layout lines from scratch, after surfacing.

17. Roofing Paper (rolls) :Tape down at the end of a tennis court insert to collect extra surfacing materials, for ease of removal by shovel.

18. Tarp :For mixing area on jobsite and entry area to courts. Prevents drips and splatter of surfacing and repair materials from getting on the ground.

19. Empty Drums :
a. Clean drums for mixing court repair and surfacing materials b. Extra drums for cleaning tools and collecting wastewater

20. Rags :For cleanup and to fill Net Post Sleeves prior to surfacing (prevents filling sleeves with coatings).

21. Other Tools & Equipment :
a. Wrench and Socket: For opening/closing lids on drums. b. Water Hoses & Spray Nozzle: For dilution & cleaning.

13 c. Garden-Type pump sprayer: For spraying Acrylic Adhesion Promoter (on new concrete courts) and good for misting hot court surfaces in front of application, to cool surface. d. Pressure Washer & cleaning supplies: Tri Sodium Phosphate (TSP) for cleaning detergent, and bleach to remove fungus, moss & mold, when needed. Visit www.sportmaster.net for maintenance and cleaning manual.
e. Water Source: Make sure locate/secure on-site water or bring clean water for pressure washing, cleaning, and dilution of repair and surfacing products. f. Power Source: Make sure to locate/secure on-site electric or bring a generator to power the drill for mixing court surfacing and repair materials.
g. Pail Openers: For efficient opening of pails.
h. Trowel/Putty Knife: For application of acrylic trowel grade crack fillers and repair products. i. V or U-shaped Squeegee: To apply Acrylic Patch Binder mix into cracks and areas where surface repair is needed.
j. Box Cutter: Use to open boxes, cut pour spouts on jugs, etc. k. Wire Brush: Helpful for cleaning surfacing materials that are dried on tools, and to remove stubborn vegetation in cracks, prior to repair.
l. Work Gloves: Hand Protection
m. Dust Mask: Use for air safety when pouring silica sand into surfacing materials.

22. Caution Tape :Secure the courts after application to prevent premature usage and tracking of sport surfacing materials.
© Copyright 2017 SportMaster.

ATTACHMENT
3 Example of Cost

Agenda Item No: 13.b.

MEETING DATE/TIME: 12/7/2022
ITEM NO: 2022-2233

AGENDA SUMMARY REPORT
SUBJECT: Discussion of Brown Act Updates for 2023, and Adoption of Resolution Modifying Agenda Order.

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

1. AB 2449 Implementation Memo

2. Resolution - Agenda Order - redline & clean
Summary: The City Attorney's office will explain and answer questions about Brown Act updates that will go into effect on January 1, 2023, and engage Council in discussion about implementing any procedural changes necessary, and Council will consider adopting a resolution adding an agenda item to address future notifications in respect to AB 2449.

Background: In response to the COVID-19 pandemic, Governor Newsom issued Executive Orders lifting several of these requirements to allow agencies to hold public meetings while complying with shelter-in-place orders and social distancing recommendations. In September 2021, the Governor signed AB 361, which effectively incorporated those Executive Orders into the Brown Act. Under AB 361, an agency can hold fully remote or hybrid teleconference meetings without meeting the access and notice requirements listed above, provided that:

1. The Governor has declared a state of emergency, and

2. Either state or local officials have imposed or recommended measures to promote social distancing, or the legislative body finds that meeting in person would present imminent risks to health or safety of attendees.

The COVID State of Emergency declaration is expected to be lifted on February 28, 2023. At this time, agencies will no longer have the necessary authority to hold AB 361 virtual meetings as a result of COVID-19.

Please note that until the State of Emergency declaration is lifted, all legislative bodies of the City may continue to hold virtual meetings under the existing AB 361 rules. However, in the absence of a declared state of emergency, the Brown Act requires that a teleconference meeting must comply with the following:

1. At least a quorum of the board must participate from locations within the agency’s jurisdiction.

2. Each teleconference location must be identified in the notice and agenda of the meeting.

3. Agendas must be posted at each teleconference location.

4. Each location must be accessible to the public.

5. The agenda must provide the opportunity for the public to address the legislative body directly at each teleconference location.

6. All votes must be by roll call.

However, effective January 1, 2023, the Brown Act updates in AB 2449 will give individual members of legislative bodies increased flexibility to participate in meetings via teleconference in the event of a personal emergency without the requirement of a state of emergency declaration. AB 2449 provides complex alternative teleconference procedures to allow members of a legislative body to participate remotely, the application of which turns on individual facts and circumstances. AB 2449 sets forth requirements for a Board

member's remote participation in a public meeting, but agencies may continue to hold virtual meetings at which the public or agency staff members participate remotely.

Discussion: Requirements for individual legislative body members meeting remotely:

Pursuant to AB 2449, a legislative body may hold a “hybrid” (partial teleconference, partial in-person) meeting without following the pre-pandemic requirements for teleconferencing, provided that a quorum of the legislative body still meets in person at a single location that is identified in the meeting agenda and that is open to the public. A member of a legislative body may participate in a public meeting via teleconference in the following limited circumstances:

1. With “just cause”, the member can participate remotely after giving notice as soon as possible and as late as the start of a regular meeting. The legislative body does not need to take action to allow the member to attend the meeting virtually under the "just cause" provision. AB 2449 defines “just cause” as:
(a) a family childcare or caregiving need;
(b) a contagious illness;
(c) a need related to a physical or mental disability that is not otherwise accommodated; or (d) travel while on official business.

AB 2449 also limits a member to participating remotely under this provision to two meetings per calendar year.

2. In “emergency circumstances,” defined as a physical or family emergency that prevents the member from attending in person, the member can participate remotely by giving notice and requesting approval to do so from the legislative body. Unlike the "just cause" provision, the "emergency circumstances" provision requires that legislative body take action and approve the remote attendance at the start of the meeting for the member to be allowed to participate remotely for that meeting. The legislative body may take action on the request as soon as possible, including at the beginning of the meeting, even if there was not sufficient time to place the request formally on the agenda.

Under either circumstance, the member in question must give a general description of the circumstances relating to their need to appear remotely, but need not disclose any medical diagnosis, disability, or other confidential medical information. Staff has prepared a draft memorandum (Attachment 1) outlining the requirements for individual members of any City legislative body to notify and justify remote participation in a public meeting.

In addition, AB 2449 provides that a member cannot participate solely by teleconference due to "emergency circumstances" under the new teleconference framework for more than 3 consecutive months or more than 20 percent of the agency’s regular meetings, or more than two meetings per year if the agency meets fewer than 10 times per year. As noted above, members participating remotely under the "just cause" provision are limited to two remote meetings per calendar year.

A member of the legislative body participating from a remote location under the AB 2449 rules for teleconferencing must participate through both audio and visual technology during the entire meeting.

Disclosure Requirement
AB 2449 requires that a member participating telephonically shall publicly disclose at the meeting before any action is taken, whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the member’s relationship with any such individuals.

AB 2449 Notifications and Considerations Resolution
To address future notifications and considerations in respect to AB 2449, Staff is recommending that Council adopt a resolution (Attachment 2) modifying the agenda order by adding a new agenda section: AB 2449 Notifications and Considerations. Once AB 2449 goes into effect, this section would be used to comply by giving written notification of any Councilmember remote participation.

Additional requirements for hybrid meetings:

A quorum of the legislative body must still meet in-person, and the body must meet the following relaxed remote access rules that went into effect with AB 361:

1. Provide either a two-way audio visual system or a two-way phone service in addition to live webcasting;

2. Identify a call-in or internet-based access option on the agenda, in addition to the in-person meeting location;

3. Ensure that if a disruption to the online meeting occurs, the body takes no further action on agendized items until public access is restored; and

4. Avoid requiring public comments to be submitted in advance, and provide a real-time option for the public to address the body at the meeting.

Recommended Action: Provide direction to Staff on any additional information needed or actions to be taken, and adopt resolution modifying the agenda order.

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

Law Offices Of

RAPPORT AND MARSTON
An Association of Sole Practitioners
405 W. Perkins Street
Ukiah, California 95482
e-mail: [email protected]
David J. Rapport (707) 462-6846
Darcy Vaughn FAX 462-4235

M E M O R A N D U M
TO: Members of City Council and all City Legislative Bodies FROM: Darcy Vaughn, Assistant City Attorney
DATE: December 2, 2022
SUBJECT: Brown Act Requirements for Teleconferencing as of January 1, 2023 _________________________________________________________________________ The COVID State of Emergency is expected to be lifted on February 28, 2023. At this time, agencies will no longer have the necessary authority to hold AB 361 virtual meetings as a result of COVID-19 without following the teleconferencing requirements set forth in the Brown Act at Government Code § 54953(b).

However, effective January 1, 2023, the Brown Act updates in AB 2449 will give individual members of legislative bodies increased flexibility to participate in meetings via teleconference in the event of a personal emergency, without the requirement of a state of emergency declaration. Specifically, AB 2449 provides alternative teleconference procedures and requirements to allow members of a legislative body to participate remotely if either of the following circumstances applies:

1. Just Cause
With “just cause,” the member can participate remotely after giving notice to the legislative body as soon as possible, including at the start of a regular meeting. AB 2449 defines “just cause” as:
(a) a family childcare or caregiving need;
(b) a contagious illness;
(c) a need related to a physical or mental disability that is not otherwise accommodated by the accessibility requirements set forth in the Americans with Disabilities Act; or (d) travel while on official business.

AB 2449 limits a member to participating remotely under this provision to two (2) meetings per calendar year. While the member must give adequate notice to appear remotely, the legislative body does not need to take action to allow the member to attend the meeting virtually under the Attachment 1

To: Members of City Council and Legislative Bodies Page 2 Subject: Brown Act Requirements for Teleconferencing as of January 1, 2023 Date: December 2, 2022
“just cause” provision.

2. Emergency Circumstances
In “emergency circumstances,” defined as a physical or family emergency that prevents the member from attending in person, the member can participate remotely by giving notice and requesting approval to do so from the legislative body. Unlike the “just cause” provision, the “emergency circumstances” provision requires that legislative body take action and approve the remote attendance at the start of the meeting for the member to be allowed to participate remotely for that meeting. The legislative body may take action on the request as soon as possible, including at the beginning of the meeting, even if there was not sufficient time to place the request formally on the agenda.

Under either circumstance, the member in question must give a general description of the circumstances relating to their need to appear remotely, but need not disclose any medical diagnosis, disability, or other confidential medical information. For the emergency circumstances exception, the general description does not need to exceed twenty (20) words.

Required Procedures for Remote Participation under AB 2449

1. Notice and General Description. A member shall make a written request to participate remotely at a meeting as soon as possible. The request must state whether the member is claiming “just cause” or “emergency circumstances” and shall include a general description explaining their need to meet remotely. Members must make a separate request for each meeting in which they seek to participate remotely.

2. Action on the Request for Remote Participation due to “Emergency Circumstances”. The legislative body must take action on a request to participate remotely due to “emergency circumstances” at the earliest opportunity. If the request does not allow sufficient time to place proposed action on such a request on the posted agenda for the meeting for which the request is made, the legislative body may take action at the beginning of the meeting in accordance with the requirements of the Brown Act for taking action on items of business not appearing on the posted agenda.

3. Limitations on Frequency. A member cannot participate solely by teleconference based on emergency circumstances for more than three (3) consecutive months or more than twenty (20) percent of the agency’s regular meetings, or more than two meetings per year if the agency meets fewer than 10 times per year. A member participating remotely under the “just cause” provision is limited to two (2) remote meetings per calendar year.

4. Required Disclosures for Remote Participation. A member participating telephonically shall

To: Members of City Council and Legislative Bodies Page 3 Subject: Brown Act Requirements for Teleconferencing as of January 1, 2023 Date: December 2, 2022
publicly disclose at the meeting before any action is taken, whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the member’s relationship with any such individuals.

5. Audio and Visual Participation Required. A member of the legislative body participating from a remote location under the AB 2449 rules for teleconferencing must participate through both audio and visual technology during the entire meeting. A member’s notice and general description of need to appear remotely must include a statement that the member will participate with both audio and video capabilities turned on throughout the meeting.

Please contact the City Clerk or City Attorney’s office if you have questions or concerns about qualifying for and requesting remote participation in a public meeting of your legislative body.

POLICY RESOLUTION NO. 2012-07a2022-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING THE AGENDA

ORDER FOR COUNCIL MEETINGS IN ACCORDANCE WITH THE REQUIREMENTS OF THE

PROCEDURES OF

CONDUCT FOR CITY COUNCIL MEETINGS
WHEREAS, The City of Ukiah City Council Meeting Procedure of City Council Decorum section 2.

Agenda II Order of Business requires the Council to adopt a resolution establishing the Order of its Agenda; and
WHEREAS, the City Council desires to amend the Order of Agenda.

NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Ukiah establishes the following Order of Agenda for City Council meetings:

1. Roll Call

2. Pledge of Allegiance

2.3. AB 2449 Notifications and Considerations

3.4. Proclamations/Introductions/Presentations

4.5. Petitions and Communications

5.6. Approval of Minutes

6.7. Right to Appeal Decision

7.8. Consent Calendar

8.9. Audience Comments on Non-Agenda Items

9.10. Councilmember and Committee Reports

10.11. City Manager and City Clerk Reports

11.12. Public Hearings – Timed at 6:15 P.M.

12.13. Unfinished Business

13.14. New Business

14.15. City of Ukiah, As Successor Agency to the Ukiah Redevelopment Agency

15.16. Closed Session - Closed Session may be held at any time during the meeting

16.17. Adjournment
BE IT FURTHER RESOLVED that:

1. Upon motion and second or the request of the Mayor or the City Manager, the City Council may reorder items on the agenda for a specific meeting;

2. The Mayor and/or the City Manager may direct the City Clerk to select items which appear to be of particular public interest and to place these under the heading Special Order of Business, which shall be assigned a time of hearing and the Council shall hear these items at the time so specified, and Policy Resolution No. 37 38 (Establishing Order of Agenda) is hereby repealed.

PASSED AND ADOPTED on this 1st 7th day of February 2012December 2022, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Mary Anne Landis, Mayor
ATTACHMENT 2 - redline and clean

ATTEST:
_______________________________
JoAnne M. CurrieKristine Lawler, City Clerk

RESOLUTION NO. 2022-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING THE AGENDA

ORDER FOR COUNCIL MEETINGS IN ACCORDANCE WITH THE REQUIREMENTS OF THE

PROCEDURES OF CONDUCT FOR CITY COUNCIL MEETINGS
WHEREAS, The City of Ukiah City Council Meeting Procedure of City Council Decorum section 2.

Agenda II Order of Business requires the Council to adopt a resolution establishing the Order of its Agenda; and
WHEREAS, the City Council desires to amend the Order of Agenda.

NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Ukiah establishes the following Order of Agenda for City Council meetings:

1. Roll Call

2. Pledge of Allegiance

3. AB 2449 Notifications and Considerations

4. Proclamations/Introductions/Presentations

5. Petitions and Communications

6. Approval of Minutes

7. Right to Appeal Decision

8. Consent Calendar

9. Audience Comments on Non-Agenda Items

10. Councilmember and Committee Reports

11. City Manager and City Clerk Reports

12. Public Hearings – Timed at 6:15 P.M.

13. Unfinished Business

14. New Business

15. City of Ukiah, As Successor Agency to the Ukiah Redevelopment Agency

16. Closed Session - Closed Session may be held at any time during the meeting

17. Adjournment
BE IT FURTHER RESOLVED that:

1. Upon motion and second or the request of the Mayor or the City Manager, the City Council may reorder items on the agenda for a specific meeting;

2. The Mayor and/or the City Manager may direct the City Clerk to select items which appear to be of particular public interest and to place these under the heading Special Order of Business, which shall be assigned a time of hearing and the Council shall hear these items at the time so specified, and Policy Resolution No. 38 (Establishing Order of Agenda) is hereby repealed.

PASSED AND ADOPTED on this 7th day of December 2022, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
, Mayor
ATTEST:
_______________________________
Kristine Lawler, City Clerk

Agenda Item No: 13.c.

MEETING DATE/TIME: 12/7/2022
ITEM NO: 2022-2219

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 Brown and Various Councilmembers
ATTACHMENTS:

1. 2022 City Council Special Assignments
Summary: City Council members will provide reports and updates on their committee and ad hoc assignments. If necessary, the Council may consider modifications.

Background: City Council members are assigned to a number of committees and ad hoc activities. These assignments are included as Attachment 1.

Discussion: Previously, the City Council discussed having more time allocated to reporting on committee and ad hoc activities. Often, the Council Reports section of the regular agenda is rushed due to impending business (i.e., public hearings), and not enough time is afforded for reports beyond community activities.

In an effort to foster regular updates on committee and ad hoc assignments, this item is being placed on the agenda to provide the City Council members an expanded opportunity to report on assignments and modify assignments as necessary.

Recommended Action: Receive report(s). The Council will consider modifications to committee and ad hoc assignments along with the creation/elimination ad hoc(s).

BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A

2022 CITY COUNCIL SPECIAL ASSIGNMENTS

COUNTY/REGIONAL
OnGoing One + Alternate MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Disaster Council
Shall meet a minimum
of once a year at a
time and place
designated upon call of
the chair
Place designated upon call of the chair or, if she/he is unavailable or unable to call such meeting, the first vice chair and then the City Manager or her/his designee.

Office of Emergency Management 300 Seminary Ave. Ukiah, CA 95482467-5765 - Tami Bartolomei Develop any necessary emergency and mutual aid plans, agreements, ordinances, resolutions, rules, and regulations.

OrozcoDuenas- Alternate
Tami Bartolomei, Office of Emergency Management Coordinator; 467-5765 [email protected] Greater Ukiah Business & Tourism Alliance
3rd Tuesday of month, 11:30 a.m.
200 S School St.Ukiah, CA 95482
200 S School St.Ukiah, CA 95482
Promotes tourism and works to strengthen and promote the historic downtown and businesses within the greater Ukiah area DuenasRodin - Alternate
Shannon Riley, Deputy City Manager;
467-5793 [email protected]
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. 206Ukiah, CA 95482463-1859
Plan and allocate State funding, transportation, infrastructure and project County wide BrownRodin- Alternate
Tim Eriksen, Public Works Director/City Engineer; 463-6280 [email protected] Mendocino County Inland Water and Power Commission (IWPC) 2nd Thursday of month, 6:00 p.m.

Civic Center300 Seminary Avenueconference room 5
IWPC Staff P.O. Box 1247Ukiah, CA 95482391-7574 - Candace Horsley Develops coordination for water resources and current water rights: Potter Valley project - Eel River Diversion OrozcoBrown- Alternate
Sean White, Director of Water Resources; 463-5712 [email protected] Mendocino Solid Waste Management Authority (MSWMA)
3rd Thursday of every other month (varies), 10:00 a.m.

Willits Council Chambers
Solid Waste Director3200 Taylor DriveUkiah, CA 95482468-9710 County-wide Solid Waste JPA Brown Duenas- Alternate Tim Eriksen, Public Works Director/City Engineer; 463-6280 [email protected] 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 Director241 Plant RoadUkiah, CA 95482462-1422 County-wide bus transportation issues and funding Duenas Orozco - Alternate Tim Eriksen, Public Works Director/City Engineer; 463-6280 [email protected] North Coast Opportunities (NCO) 4th Wednesday of month, 2 p.m. Alternating locations - Ukiah and Lakeport Ross Walker, Governing Board Chair North Coast Opportunities413 North State StreetUkiah, CA 95482 Assist low income and disadvantaged people to become self reliant Burgess Jake Burgess, Community Services Supervisor; 463-6201
[email protected]
North Coast Rail Authority (NCRA) 2nd Wednesday of month, 10:30 a.m. Various Locations - announced 419 Talmage Road, Suite M Ukiah, CA 95482 463-3280 Provides a unified and revitalized rail infrastructure meeting the freight and passenger needs of the region Shannon Riley, Deputy City Manager Shannon Riley, Deputy City Manager; 467-5793 [email protected] Russian River Watershed Association (RRWA)
4th Thursday of month, 9:00 a.m. (only 5 times a year)
Windsor Town Hall
Russian River Watershed Association Attn: Daria Isupov425 South Main St., Sebastopol, CA 95472508-3670 Consider issues related to Russian river - plans projects and funding requests RodinBrown- Alternate
Tim Eriksen, Public Works Director/City Engineer; 463-6280 [email protected] Ukiah Valley Basin Groundwater Sustainability Agency (GSA) 2nd Thursday of month, 1:30 p.m.

Board of Supervisors Chambers; 501
Low Gap RoadUkiah, CA
County Executive OfficeNicole French501 Low Gap Rd., Rm. 1010Ukiah, CA 95482463-4441 GSA serves as the Groundwater Sustainability Agency inthe Ukiah Valley basin CraneDuenas- Alternate
Sean White, Director of Water Resources; 463-5712 [email protected]

COUNTY/REGIONAL
One + Staff Alternate MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Economic Development & Financing Corporation (EDFC)
2nd Thursday of month, 2:00 p.m.

Primarily 631 S. Orchard Street (location varies)
Executive Director631 South Orchard AvenueUkiah, CA 95482467-5953 Multi-agency co-op for economic development and business loan program Riley(appointed 12/19/18)
Shannon Riley, Deputy City Manager; 467-5793 [email protected] Sun House Guild ex officio 2nd Tuesday of month, 4:30 p.m. Sun House 431 S. Main St. Ukiah, CA 431 S. Main Street Ukiah, CA 95482 467-2836 Support and expand Grace Hudson Museum Orozco Neil Davis- Alternate David Burton, Museum Director; 467-2836 [email protected] Continued -

COUNTY/REGIONAL
One + Staff Alternate

MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Mendocino Youth Project JPA Board of Directors
3rd Wednesday of month, 7:45 a.m. 776 S. State Street Conference Room Mendocino Co. Youth Project776 S. State Street, Ste. 107Ukiah, CA 95482 707-463-4915 Targets all youth with a focus on drug and alcohol prevention, healthy alternatives and empowering youth to make healthy choices Cedric Crook, Patrol Lieutenant
Cedric Crook, Patrol Lieutenant Nob; 463-6771; [email protected] Northern California Power Agency (NCPA) - Commission
4th Thursday of month, 9:00 a.m. (see NCPA calendar)
Roseville, CAand other locations
651 Commerce Drive Roseville, CA 95678916-781-4202
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 [email protected] Northern California Power Agency (NCPA) – Lodi Energy Center (LEC) Appointment 2nd Monday of month, 10:00 AM Lodi, CA and other locations 651 Commerce DriveRoseville, CA 95678916-781-4299
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, [email protected] 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 #225Folsom, CA 95630916-852-1673; [email protected] Provide electric transmission to its Member utilities through transmission line ownership or contract arrangements.

CraneSauers - Alternate
Cindi Sauers - Electric Utility Director;463-6286 [email protected] 1 9/8/2022
ATTACHMENT 1