Ukiah City Council
April 19, 2023

Strand-Wound Circular Prestressed Concrete Tank With a Type I Core Wall and Flat Roof 13207-27 8660F10 April 2023
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/13207 (BidSetFinal) C. Vertical Prestressing Equipment:

1. The Tank Contractor shall provide a continuously, electronically (or substantial equivalent), monitored permanent force elongation record from zero to full force at the final lock-off for all of the vertical prestressing work.

2. The ordinate of the permanent recording shall show the elongation in inches and the abscissa shall show the force in pounds or kips.

3. Manually recorded force and elongation readings will not be accepted.

4. The vertical prestressing machinery shall have automatic electronic tensioning cut-off devices or equivalent means to ensure that the specified force and elongation is not exceeded at any time during any thread bar stressing operation.

5. The force readings at the stressed bar ends, immediately after lock-off, for any stressing operation, on any thread bar, shall not fluctuate more than +/- 1.5 percent (of the minimum ultimate strength of the steel) from the desired average force setting.

6. The applied force, immediately after lock-off for the final stressing operation on any thread bar, shall be no less than 72 percent of the ultimate strength of the steel and the applied force before lock-off shall be no greater than 75 percent of the ultimate strength of the steel.

D. Vertical Prestressing Application:

1. All permanent anchor hardware shall have a ball-shaped threaded nut that can be screwed down on to a matching cone-shaped bearing surface in the bearing plate after the desired tension on the anchor hardware and/or prestressing steel has been applied.

2. The number and spacing of the thread bars shall not be altered under any condition.

3. High-strength thread bars shall be used for vertical prestressing.

4. All ducts shall be clean and free of water and deleterious materials that would impair bonding of the grout or interfere with grouting procedures.

5. Grout injection pipes shall be fitted with positive mechanical shutoff valves, which shall not be removed within the first 24 hours.

6. Grouting of thread bars shall begin at the lowest grout connection.

7. Each vertical thread bar duct shall be pumped until the entire nut at the top anchor has been covered with epoxy.

8. In cold weather, and especially during frosts, special precautions must be taken to avoid the freezing of grout. In the event that the grouting procedure cannot be postponed, the wall temperature must be kept above the freezing point with hot blankets or by other approved means.

9. Upon completion of the vertical stressing and grouting operation, all anchor pocket areas above the anchor nuts shall be dry packed with a 1 part cement to 2 parts sand mortar mix immediately after the epoxy coating on the inside can surface has become tacky, or alternatively, the metal can may be filled with concrete aggregates and epoxy.

10. The inside surfaces of any metal cans to be dry packed shall be coated with a 2 part epoxy. Dry packing shall not proceed until the epoxy coat has become tacky. The dry pack surface shall be finished flush with the adjoining concrete surface.

11. Damaged PVC tubing shall be replaced unless repairs are made and approved by the Engineer.

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pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/13207 (BidSetFinal)

12. Vertical thread bar components shall be assembled off the ground and as detailed on the Shop Drawings. All vertical thread bars must be fully assembled before they are installed in the forms.

13. Vertical thread bars shall be accurately placed and fastened securely in place to reinforcing steel and form ties to prevent movement during placement of concrete.

14. All vertical thread bars must be flushed with water from the top immediately upon completion of the concrete vibrating operation. Water shall be introduced through a taped-off hole in the wooden lids on the anchor pockets and be permitted to drain through the bottom grout tube. Flushing shall not be accomplished by introducing water through the bottom connection. Should a thread bar duct not flush properly, the Engineer shall be notified immediately.

15. Cleaning of ducts with air only (not water), or removal of water with air from the bottom connection, will not be permitted.

16. Placing of vertical thread bars shall be done to proper locations, elevations, and alignments, with a maximum tolerance of plus or minus 1/4 inch.

17. All vertical thread bars shall be properly tied at the anchor plates and shall be tied with No. 4 bars at intervals of 24 inches or less between the anchor plates.

The maximum permissible misalignment of the anchor plate to the vertical thread bar is +/- 2.5 degrees.

18. Anchor plates must be installed at right angles to the thread bar alignment near the anchor. Anchor plates must be installed with long sides, aligned parallel with the wall forms and secured to prevent their rotation while concrete is placed.

19. Unless indicated otherwise on the Plans, the minimum concrete cover around steel anchor pockets and bearing plates shall be 1.5 inches.

20. The vertical clearance between bottom anchor plate and the waterstop at the base of the tank walls shall be no less than 2 inches nor more than 4 inches.

E. Circumferential and Vertical Prestressing Operations:

1. The maximum initial electronically recorded steel stress shall not exceed 75 percent of the guaranteed minimum ultimate strength of the steel at any time during or after stressing.

2. An automatic, continuously electronically (or substantial equivalent) monitored permanent recording of the applied force, at any point on the strand, at any point on and around the tank wall, must be made during the entire circumferential prestressing application. All such recordings must be based on a continuous sensing of the applied force on the strand between the tensioning drum and the wall when, and as, the strand is being wrapped and laid on the wall.

3. The force setting on wrapping and vertical thread bar stressing machinery shall be such that the applied forces fall within the specified minimum or maximum stress or force limitations; the force setting shall be corrected immediately when the applied force falls outside the required force tolerance limitations.

4. In the event that the stressing machinery is incapable of holding the applied forces within the specified stress or force limitations, the Engineer will order, at the expense of the Tank Contractor, the removal and replacement of such machinery in favor of a different unit capable of maintaining such tolerance requirements.

Strand-Wound Circular Prestressed Concrete Tank With a Type I Core Wall and Flat Roof 13207-29 8660F10 April 2023
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5. The loss in stress in post-tensioned prestressing steel due to creep and shrinkage of concrete and sequence stressing is to be assumed as 25,000 psi.

The final stress is the average initial stress reduced by the stress loss of 25,000 psi.

6. The final force is the steel section multiplied by the final stress.

7. The final force for the vertical thread bars shall be no less than the required final force shown on the Shop Drawings.

8. The initial force for the circumferential wrapped strand shall be no less than the required initial force shown on the Shop Drawings.

9. The continuous, electronically-produced force application chart during the wrapping application becomes the property of the Owner.

10. An automatic, continuously electronically (or substantial equivalent) monitored and simultaneously recorded force-elongation reading must be made for each vertical stressing application.

11. The force-elongation reading must represent the true relationship between the elongation at any given point of the vertical stressing operation and the applied force on the prestressing steel at that same point.

12. The force-elongation relationship must be constantly maintained from the beginning, starting with the removal of the slack to the point of lock-off and complete release of the force on the vertical prestressing steel after retraction of the stressing piston or equivalent stressing device.

13. All electronically produced force-elongation readings during the vertical thread bar stressing operations become the property of the Owner.

14. After the concrete core wall has reached the specified 28-day compressive strength, the vertical thread bars shall be stressed.

15. Circumferential wrapping shall not start until the vertical thread bars have been stressed.

16. In the event gaps between concrete core wall and wrapped strand develop that exceed 3/8 inch, discontinue wrapping. Before resuming any wrapping, either:
a. Build-up walls with shotcrete to provide proper curvature before resuming any wrapping.
b. If acceptable to Engineer, drypack gaps after wrapping is completed and before shotcreting is started.

17. Wrapping over intermediate shotcrete coats or built-up shotcrete areas may commence 12 hours after shotcrete has been applied, or when the shotcrete has reached a strength of 250 psi, whichever duration is longest.

18. Prestressing strand exposed to excessive temperatures greatly increases the possibility of irrevocable damage to the strand such as steel embrittlement, stress corrosion, and strand splitting. The temperature of the prestressed strand during wrapping shall not be allowed to increase by more than 50 degrees at any time during application due to stressing technique.

19. All vertical thread bar ducting and anchors (both vertical and circumferential prestressing) shall be pressure grouted with an approved 2 part water insensitive epoxy and approved epoxy grouting equipment.

3.07 SHOTCRETING
A. Shotcrete Equipment:

1. Shotcrete mixing shall be in conformance with the requirements of Section 03300 - Cast-in-Place Concrete.

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2. The delivery equipment shall be of an approved design and size that has given satisfactory results in similar previous work.

3. The equipment must be capable of discharging mixed materials into the hose under close control and it must be able to deliver a continuous smooth stream of uniformly mixed material at the proper velocity to the discharge nozzle, free from slugs of any kind.

4. The nozzle shall be of a design and size that will insure a smooth and uninterrupted flow of materials.

5. Delivery equipment shall be thoroughly cleaned at the end of each shift.

6. Equipment parts shall be regularly inspected and replaced as required.

7. The capacity of the compressor shall be large enough that the minimum amount of air to be available at the nozzle shall be no less than 400 cfm, irrespective of whether or not air from the same air supply is used for other purposes.

B. Placement and Testing of Shotcrete:

1. Shotcrete shall be applied by an ACI 506 certified nozzleman.

2. Manually applied shotcrete shall be applied with the nozzle held at a small upward angle not exceeding five degrees and constantly moving during application in a smooth motion with the nozzle pointing in a radial direction toward the center of the tank. The nozzle distance from the prestressing shall be such that shotcrete does not build up or cover the front face of the wire or strand until the spaces behind and between the prestressing elements are filled.

3. Unless applied by an automated shotcrete process, total cover coat thickness shall be controlled by shooting guide wires. Vertical wires shall be installed under tension and spaced no more than two feet apart to establish uniform and correct coating thickness. Monofilament line (100 lb. test) or 18 or 20 gauge high tensile strength steel wire shall be used. Guide wires shall be removed after placement of the cover coat.

4. Shotcrete applied by an automated shotcrete process shall be applied using the wet mix only. Nozzles shall be kept mounted on power driven machinery enabling the nozzle to travel parallel to the surface to be sprayed at a uniform linear or bi-directional speed. The nozzle shall be kept at a uniform constant distance from the surface, always maintaining a right angle spray of the material to the surface. The high velocity impact shall be developed pneumatically by injecting compressed air at the nozzle.

5. Testing:
a. Testing shall be by an independent testing laboratory, acceptable to Engineer, and engaged by and at the expense of the Tank Contractor. b. Test shotcrete in accordance with ACI 506, except as specified herein.

One test panel shall be made for each of the following operations: core wall, cove, wire cover, and cover coat. Test panels shall be made from the shotcrete as it is being placed, and shall, as nearly as possible, represent the material being applied. The method of making a test sample shall be as follows: A frame of wire fabric (one foot square, three inches in depth) shall be secured to a plywood panel and hung or placed in the location where shotcrete is being placed. This form shall be filled in layers simultaneously with the nearby application. After 24 hours, the fabric and

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pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/13207 (BidSetFinal) plywood backup shall be removed and the sample slab placed in a safe location at the site.
c. The sample slab shall be moist cured in a manner identical to that used for the regular surface application. The sample slab shall be sent to the testing laboratory. Nine three-inch cubes shall be cut from the sample slab and subjected to compression tests in accordance with current ASTM Standards. Three cubes shall be tested at the age of 7 days, three shall be tested at the age of 28 days, and three shall be retained as spares.

C. Shotcrete Placing and Finishing:

1. Shotcrete shall be applied in a steady, uninterrupted flow. Should the flow become intermittent for any cause, the machine operator shall direct the nozzle away from the work until it again becomes constant, or shut off the flow of materials.

2. The nozzle shall be held at approximately right angles to the surface and shall be kept at the proper and the same distance from the surface dictated by good practice standards for the type of application, type of nozzle and air pressure employed.

3. Sufficient time shall be allowed for each layer of shotcrete to set up so it may take the next layer without sagging.

4. The shotcrete shall be started at the bottom of the wall until all wrapped strand has been covered. Subsequent shotcrete layers may be applied from the top down or from the bottom up at the discretion of the Tank Contractor.

5. While the nozzle travels around the wall, the nozzle shall be raised or lowered at a uniform rate in such a manner that an adequate overlapping of coatings and a uniform finish will develop.

6. The nozzle shall be spiraled up or down around the tank to either the top or the bottom of the wall or to the termination of the intermediate strand layer.

7. To ensure proper penetration around the strand and proper conveyance of the material through the hose, a 5 to 7-inch slump of the mortar at the pump is recommended.

8. The application of the shotcrete in the number and thickness of layers specified herein is mandatory for proper penetration of shotcrete behind prestressing material and to reduce shrinkage due to more uniform in-depth drying of the shotcrete.

9. Each layer of wrapped prestressing steel shall be covered with shotcrete until a minimum clear cover of 3/8-inch or the diameter of the strand, whichever is greater, has been placed over the prestressing steel.

10. The final cover coat, to make up for the full thickness of shotcrete over the final strand layer, shall be applied in at least 3 layers of equal thickness.

11. Each layer of shotcrete shall be completed for the full circumference of the tank and substantially the full height of that layer before the next layer of shotcrete may be applied.

12. All shotcrete coatings shall be built up in layers of approximately 3/8-inch in thickness until the final required thickness has been obtained. The Tank Contractor shall demonstrate by a reliable means that the proper thickness of shotcrete has been obtained with each layer applied.

13. Unless otherwise specified on the Drawings, the minimum shotcrete cover over all wrapped steel shall not be less than the following:
a. For shotcrete in contact with soil: 2 inches.
b. For other shotcrete exposures: 1.5 inches.

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14. The Tank Contractor shall make provisions to protect adjacent structures, equipment, vehicles, etc., from being damaged by overshooting shotcrete and rebound materials. Overshot shotcrete deposited onto the roof slab shall be removed before it adheres to the concrete surface.

15. After the minimum shotcrete cover specified over the wrapped prestressing strand has been completed by the automated shotcrete procedure, and if such finish requirements are shown on the Drawings, the exterior surface shall be given an acceptable float finish true to line and curvature and to details shown on the Drawings.

16. If a float finish is required on the Drawings, plaster or hand-applied shotcrete may be used to build up and level the surface and to obtain the desired surface finish and projections.

17. The finish coat mix (if a smooth float finish is required on the Drawings), shall consist of a minimum of one sack of cement for each 3-1/2 cubic feet of moist plaster sand.

18. The Tank Contractor shall be responsible for all damages caused by shotcreting operations and shall bare the cost for making repairs.

D. Hand Placed Shotcrete for Repairs Only:

1. To ensure a high quality shotcrete, the Tank Contractor shall satisfy the Engineer that the nozzleman has had sufficient and acceptable experience in the application of structural shotcrete and is a certified nozzleman in accordance with ACI 506.

2. Experience gained on shotcrete pool and ditch construction will not be considered as experience for qualifying the nozzleman.

3. The nozzleman shall be capable of applying thin coats of even and uniform thickness.

4. The nozzleman's skill shall be tested and the results of such tests shall be acceptable to the Engineer before that nozzleman may start any work.

E. Restrictions on Shotcrete Operation:

1. Shotcrete shall not be applied under such strong wind conditions that a considerable amount of cement and moisture will be removed by the wind from the mortar spray between the nozzle and the surface on which the shotcrete is applied.

2. Shotcrete may be applied in cold weather provided the surfaces are not frozen.

3. The temperature during the day must be expected to rise to at least 40 degrees F and the night temperature of the first night after the shotcrete application must not be expected to drop below 27 degrees F.

4. The use of Type 3 Portland cement is required (when readily available) in the event shotcrete is applied at temperatures below 40 degrees F.

5. The Tank Contractor may apply shotcrete under the conditions specified herein solely at his own risk.

6. Whenever rain or frost has damaged shotcrete which has not had a chance to set up, such shotcrete must be removed and replaced.

7. The Tank Contractor shall consult with the Engineer to determine whether or not he will accept the shotcrete damaged by rain or frost before applying any new layers of shotcrete.

Strand-Wound Circular Prestressed Concrete Tank With a Type I Core Wall and Flat Roof 13207-33 8660F10 April 2023
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/13207 (BidSetFinal) F. Shotcrete Curing:

1. Intermediate layers of shotcrete shall be kept damp by hand curing or other means no sooner than 12 hours after the shotcrete has been applied.

2. Watercuring is not required should additional shotcrete be applied on the entire wall surface within the following 12 hours.

3. Indiscriminate use of continuous watercure for intermediate layers should be avoided.

4. Complete shotcrete surfaces, which do not receive any additional shotcrete coatings, shall be membrane cured with plastic for a period of at least seven (7) days. Plastic membrane used shall contain and prevent loss of moisture from shotcrete as much as possible. Membrane curing methods utilizing curing compounds or wax-based residuals will not be permitted.

5. Wall coatings, specified in Section 09986 - Painting Prestressed Concrete Water Tanks, shall be applied no later than five (5) days after completion of the curing. If conditions make it impossible to apply coatings within the five (5) day period, or if no coatings are required, shotcrete shall be membrane cured for a period of ten (10) days instead of the seven (7) days specified here-in.

3.08 CLEANING
A. After construction is completed, the interior of the tank shall be completely cleaned of debris and flushed with clean water to remove all dirt and loose material.

3.09 DISINFECTING
A. Not Used.

3.10 FILLING AND WATERTIGHTNESS TESTING
A. Filling:

1. The water used for the first filling of the tank will be furnished by the Owner. If the leakage test fails, the Tank Contractor shall refill the tank and retest it. The Tank Contractor shall be responsible for the cost of refilling the tank for subsequent tests.

2. The tank shall be filled in approximately 8-foot increments with 8 working hours between each increment for observation of possible leaks through ring drains, wall, and wall-footing.

B. Testing:

1. If only damp spots and small puddles of water are observed during filling, the filling of tank can continue. If leaks that are large enough to potentially fail the leakage test specified in Section 01759 - Water Leakage Test for Concrete Structures are observed, the filling process shall cease, and those leaks shall be thoroughly investigated prior to continuing to fill the tank.

2. Fill tank with water and hold water level at 3 inches below the overflow level for a period of 24 hours.

3. Test tank for leakage in accordance with the provisions of Section 01759 - Water Leakage Test for Concrete Structures.

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4. Examine the tank and soil at the perimeter of the tank footings for evidence of leaks.
a. Acceptance criteria shall be as specified in Section 01759 - Water Leakage Test for Concrete Structures .

C. Repairing tank leaks:

1. Repair leaks to satisfaction of the Engineer.

2. Any areas that, in opinion of the Engineer, are exposed to contamination during repair work shall be sprayed with disinfection water mix.

3. Leakage through joints, which may have resulted from bent over waterstops or honeycomb under or around waterstops, may require removal of concrete around waterstops in suspected areas.

4. Repair of chipped out concrete areas:
a. Coat chipped out concrete surface with epoxy bonding agent. b. Properly drypack with drypack mix for repair of concrete tank areas.

5. Any cracks, voids, honeycomb, or cold joints showing or causing running leaks of water, shall be repaired by epoxy injection as specified in Section 03931 - Epoxy Injection System until such cracks and voids have been completely sealed.

END OF SECTION

Manual Actuators
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pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/13446 (BidSetFinal) SECTION 13446

MANUAL ACTUATORS
PART 1 GENERAL

1.01 SUMMARY
A. Section includes:

1. Valve and gate actuators.

2. Handwheel actuators.

3. Hand-cranked geared actuators.

4. Floor Boxes.

5. Floor stands.

6. Key operated valves.

7. Bench stands.

8. Accessory equipment and floor boxes.

1.02 REFERENCES
A. Aluminum Association (AA):

1. DAF-45 - Designation System for Aluminum Finishes.

B. American Water Works Association (AWWA).

C. National Electrical Manufacturers Association (NEMA):

1. 250 - Enclosures for Electrical Equipment (1000 V Maximum).

D. National Electrical Code (NEC).

1.03 SUBMITTALS
A. Shop drawings: Include shop drawings and product data with associated gate or valve as an integrated unit.

1.04 QUALITY ASSURANCE
A. Provide valve actuators integral with valve or gate, except for valve actuators utilizing T-wrenches or keys, and portable gate actuators intended to operate more than 1 valve.

B. Provide similar actuators by 1 manufacturer.

C. Provide gates and hand operating lifts by 1 manufacturer.

D. Provide hydraulic gate lifts by 1 manufacturer.

E. Provide hydraulic valve actuators and motorized actuators by 1 manufacturer.

Manual Actuators
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1.05 MAINTENANCE
A. Extra materials:

1. Key operated valve keys or wrenches: Furnish a minimum 4 keys with 4-foot shafts and 3-foot pipe handles or wrenches with 4-foot shafts and 3-foot handles for operating key operated valves.

PART 2 PRODUCTS

2.01 VALVE AND GATE ACTUATORS
A. Valve actuators:

1. Manual actuators:
a. Material: Type 316 stainless steel.
b. Design: Hand lever.
c. Spring release handle: 12-inch.
d. Notch plate: 10 position.
e. Secure with mounting bolts.
f. Locking device so that valve can be locked in any position with a wing nut.

2. Stem and cover:
a. For submerged valves, provide extension stem as indicated on the Drawings.

B. Stem covers:

1. Aluminum pipe:
a. Threaded cap on top.
b. Bolted aluminum flange on bottom.
c. Slots cut 1- by 12-inch at 18 inches on center in front and back of pipe. d. Capable of covering threaded portion of greased stems that project above actuators when gates or valves are opened or closed.

2. Ultraviolet light resistant, clear butyrate plastic or polycarbonate pipe:
a. Capped on the upper end.
b. Either threaded into the top of the gate operators or held in place by bolt-down aluminum brackets.
c. Capable of covering threaded portion of greased stems that project above actuators when gates or valves are opened or closed.

3. Staff gauges:
a. Adhesive-backed mylar, suitable for outdoor service. b. Calibrated in hundredths of feet.
c. Read the weir crest elevations directly.
d. Gauge range: 1.5 feet minimum.
e. Indicate the following elevations on each staff gauge:
1) -0.75, -0.50, -0.25, 0.0, 0.25, 0.50, 0.75.
f. Supplement with a stem-mounted pointer or indicator that permits direct observation of the weir gate crest elevation.
g. Apply staff gauges to each stem cover after installation of the cover and after calibration and testing of the weir gates.
h. Set gauges precisely by a survey crew using instruments acceptable to the Engineer.

Manual Actuators
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pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/13446 (BidSetFinal) C. Stem cover flanges, pipes, and caps:

1. After fabrication, etch and anodize to produce the following chemical finishes in accordance with AA publication DAF-45:
a. A 41 - Clear Anodic Coating.
b. C 22 - Medium Matte Finish.

D. Gate stem covers: Concentric with stem.

E. Position indicators:

1. For all aboveground worm gear or traveling nut manual actuators, provide position indication on the actuator enclosure.

2. Tail rods on hydraulic cylinders, or dial indicators with clear full-open and closed position indicators, calibrated in number of turns or percentage of opening.

F. Manual or power actuator size:

1. Sized to deliver maximum force required under most severe specified operating condition, including static and dynamic forces, seat and wedge friction, and seating and unseating forces with safety factor of 5, unless otherwise specified.

G. Actuator size: Capable of supporting weight of suspended shafting unless carried by bottom thrust bearings; shaft guides with wall mounting brackets.

H. Provisions for alternate operation: Where specified or indicated on the Drawings, position and equip crank or handwheel operated geared valve actuators or lifts for alternate operation with tripod mounted portable gate actuators.

I. Operation: Counterclockwise to open with suitable and adequate stops, capable of resisting at least twice normal operating force to prevent overrun of valve or gate in open or closed position.

J. Open direction indicator: Cast arrow and legend indicating direction to rotate actuator on handwheel, chain wheel rim, crank, or other prominent place.

K. Buried actuator housing: Oil and watertight, specifically designed for buried service, factory packed with suitable grease, completely enclosed space between actuator housing and valve body so that no moving parts are exposed to soil; provide actuators with 2-inch square AWWA operating nut.

L. Worm gear actuators: Provide gearing on worm gear actuators that is self-locking with gear ratio such that torque in excess of 160 foot-pounds will not need to be applied to operate valve at most adverse conditions for which valve is designed.

M. Traveling nut actuators: Capable of requiring maximum 100 foot-pounds of torque when operating valve under most adverse condition; limit stops on input shaft of manual actuators for fully open and closed positions; non-moving vertical axis of operating nut when opening or closing valve.

Manual Actuators
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2.02 HANDWHEEL ACTUATORS
A. Manufacturers: One of the following or equal:

1. Rodney Hunt Co.

2. Waterman Industries, Inc.

B. Coating: Handwheel as specified in Section 09960 - High-Performance Coatings.

C. Mounting: Floor stand or bench stand. Unless otherwise indicated on the Drawings position actuator 36 inches (nominal) above top of walkway surface.

D. Bearings above and below finished threaded bronze operating nut: Ball or roller.

E. Wheel diameter: Minimum 24 inches.

F. Indicator: Counterclockwise opening with arrow, and word OPEN cast on top of handwheel indicating direction for opening.

G. Pull to operate: Maximum 40 pounds pull at most adverse design condition.

H. Stem travel limiting device: Setscrew locked stop nuts above and below lift nut.

I. Grease fittings: Suitable for lubrication of bearings.

2.03 HAND-CRANKED GEARED ACTUATORS
A. Type: Single removable crank; fully enclosed.

B. Mounting: Floor and bench stand. Unless otherwise indicated on the Drawings position actuator 36 inches (nominal) above top of walkway surface.

C. Operating nut: When scheduled for portable gate actuators.

D. Geared lifts: Single speed with minimum ratio of 2 to 1.

E. Teeth on gears, spur pinions, bevel gears, and bevel pinions: Cut.

F. Lift nuts: Cast manganese bronze.

G. Exterior surfaces on cast-iron lift parts: Smooth.

H. Bearings above and below flange on lift nuts: Ball or roller; capable of taking thrust developed by opening and closing of gates under maximum operating head; with bronze sleeve bearings and sufficient grease fittings for lubrication of moving parts, including bearings and gears.

I. Crank rotation indicator: Cast arrow with word OPEN in prominent location readily visible indicating correct rotation of crank to open gate.

J. Hand cranks: 15-inch radius; requiring maximum 25 pounds pull to operate gate at maximum operating head; with:

1. Revolving brass sleeves.

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2. Gears, spur pinions, bevel gears, and bevel pinions with cut teeth.

3. Cast manganese bronze lift nuts.

4. Cast-iron lift parts with smooth exterior surfaces.

K. Indicator: Dial position type mounted on gear actuator; enclosed in cast-iron or aluminum housing with clear plastic cover; marked with fully open, 3/4, 1/2, 1/4, and closed positions.

2.04 FLOOR BOXES
A. Manufacturers: The following or equal:

1. Waterman Industries, Inc.

B. Floor boxes: Cast-iron; with:

1. Counter type indicator.

2. Hinged, lockable lid with directional arrow.

3. 2-inch square AWWA operating nut.

4. Packing gland providing drip-tight seal around valve shaft.

2.05 FLOOR STAND
A. Manufacturers: One of the following or equal:

1. Rodney Hunt Co.

2. Waterman Industries, Inc.

B. Floor stand assemblies: Heavy-duty cast-iron, suitable for mounting specified actuator.

2.06 BENCH STANDS
A. Manufacturers: One of the following or equal:

1. Rodney Hunt Co.

2. Waterman Industries, Inc.

B. Bench stands: Handwheel actuators or hand crank, geared actuators conforming to hand-cranked geared actuator requirements, except capacity to be mounted on haunch, wall bracket, or self-contained gate yoke.

2.07 ACCESSORY EQUIPMENT
A. Wall brackets or haunches: As indicated on the Drawings.

B. Stems: Stainless steel; sized to match output of actuator; minimum gate or valve operating stem diameter; maximum 200 slenderness ratio.

C. Stem couplings: Stainless steel; internally threaded to match stem; lockable to stem by set screw.

D. Stem guides: Cast-iron with silicon bronze bushing; maximum 200 slenderness ratio; capable of being mounted with wall bracket; adjustable in 2 directions.

Manual Actuators
13446-6 8660F10 April 2023
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/13446 (BidSetFinal) E. Wall brackets: Cast-iron, capable of withstanding output of actuator, adjustable in 2 directions.

F. Stem stuffing boxes: Cast-iron, with adjustable gland and packing.

G. Fasteners: Type 316 stainless steel.

H. Anchor bolts: As specified in Section 05190 - Mechanical Anchoring and Fastening to Concrete and Masonry except that the material shall be Type 316 stainless steel.

I. Geared valve actuators: Provided with cut gears, either spur or worm; sized to operate valves at most adverse design condition; with maximum 40-pound pull at handwheel or chain wheel rim.

J. Geared valve traveling nut actuators: Acceptable only where specified or indicated on the Drawings.

K. Accessory equipment for valves and gates requiring remote actuators: Operating stems, stem couplings, stem guides, wall brackets, and stem stuffing boxes.

PART 3 EXECUTION

3.01 INSTALLATION
A. Install floor boxes in concrete floor with lid flush with floor.

B. After installation of gate and stem covers, mark stem covers at point where top of stems are at full-open position and at closed position.

C. Attach floor stand to structure with anchor bolts.

D. Install stem stuffing boxes where operating stems pass through intermediate concrete floor slabs.

3.02 SCHEDULES
A. Geared actuators: Provide geared actuators for following valves:

1. Butterfly valves larger than 6 inches, nominal size, on liquid service.

2. Butterfly valves larger than 10 inches, nominal size, on gas and air service.

3. Plug valves 6 inches, nominal size, and larger.

B. Handwheel actuators: Provide handwheel actuators for valves mounted 6 feet or less above floors.

C. Chain wheel actuators: Provide chain wheel actuators for valves mounted more than 6 feet to centerline above floors.

END OF SECTION

Electric Actuators
13447-1 8660F10 April 2023
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/13447 (BidSetFinal) SECTION 13447

ELECTRIC ACTUATORS
PART 1 GENERAL

1.01 SUMMARY
A. Section includes: Electric motor-driven actuators for valves and gates.

1.02 REFERENCES
A. American Water Works Association (AWWA):

1. C504 - Standard for Rubber-Seated Butterfly Valves.

2. C542 - Standard for Electric Motor Actuators for Valves and Slide Gates.

B. National Electrical Manufacturers Association (NEMA):

1. 250 - Enclosures for Electrical Equipment (1000 V Maximum).

1.03 SUBMITTALS
A. Submit as specified in Section 01330 - Submittal Procedures and Section 15050 - Common Work Results for Mechanical Equipment.

B. Provide a complete list/schedule of all actuators being provided with their associated tag names as indicated on the design drawings and/or specifications, service process area and the size of the valve they are actuating.

C. Product data:

1. Electrical ratings:
a. Voltage and number of phases.
b. Starting and running current.
c. Voltage levels and source for control and status.

2. Description of integral control interface.

3. Remote control station components (If applicable).

4. Environmental ratings, including NEMA enclosure rating and submergence capabilities.

5. Gear ratios for both manual and motorized actuation.

6. Opening and closing directions.

7. Allowable starts per hour.

8. List of all included options and accessories.

9. Full travel times.

10. Gearbox data including gear ratio, and gearbox efficiency.

D. Shop drawings:

1. Wiring diagrams:
a. Include all options and expansion cards furnished with each actuator.

2. Dimensioned drawings of each valve and actuator combination.

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3. Dimensioned drawings of each valve gearbox.

4. Electric motor data.

E. Calculations:

1. Operating torque.

2. Maximum torque calculations for seating and unseating.

3. Maximum operating torque at starting and normal operation.

4. Signed by Professional Engineer licensed in the State where project is located.

F. Provide draft vendor operation and maintenance manual as specified in Section 01782 - Operation and Maintenance Manuals:

1. Include a list of all configurable parameters, and the final values for each.

2. Include a troubleshooting chart covering the complete valve and controls/electrical power systems, showing description of trouble, probable cause, and suggested remedy.

G. Commissioning submittals:

1. Provide Manufacturer’s Certificate of Source Testing as specified in Section 01756 - Commissioning.
a. Affidavit in accordance with AWWA C542.

2. Provide Manufacturer’s Certificate of Installation and Functionality Compliance as specified in Section 01756 - Commissioning.

H. Project closeout documents:

1. Provide final vendor operation and maintenance manual as specified in Section 01782 - Operation and Maintenance Manuals.

1.04 WARRANTY
A. Provide warranty as specified in Section 01783 - Warranties and Bonds.

PART 2 PRODUCTS

2.01 MANUFACTURERS
A. Manufacturer for actuators on valves FV-60100 and FV-60102:

1. The following, no equal:
a. Bray, Series 70.

B. Manufacturers for actuators on other valves:

1. The following or equal:
a. Rotork Controls Inc. IQ3 Range:
1) IQ for multi-turn applications.
2) IQT for quarter-turn applications.
b. Limitorque Corp.:
1) Accutronix MX for multi-turn applications.
2) Accutronix QX quarter-turn applications.

Electric Actuators
13447-3 8660F10 April 2023
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/13447 (BidSetFinal) C. Linear actuators:

1. The following or equal:
a. Rotork Controls Inc.:
1) CML Series.

2. As required to actuate the waste gates for the advanced water treatment (AWT) clarifier/filter units. Refer to Specification Section 11802 - Packaged Water Treatment System Rehabilitation.

2.02 CHARACTERISTICS FOR ACTUATORS ON LINES 4 INCHES AND LARGER A. Provide actuators complete and operable with all components and accessories required for operation.

B. Power supply:

1. Voltage and phases as indicated in the Motorized Actuator Schedule.

2. Valve or gate motion independent of power supply phase rotation.

3. Provide an internal backup power source or mechanical indicator to maintain settings and track valve position when main power is off.

4. The actuators shall incorporate all major components such as the motor, starter, local controls, terminals, etc. housed within a self-contained, sealed enclosure.

C. Size actuator to move gates or valves from full open to closed position within the time indicated in the Motorized Actuator Schedule:

1. If an operating time is not indicated on the Motorized Actuator Schedule, size the actuator to move gates or valves at minimum 12 inches per minute under maximum load. Measure rate of closure for valves at maximum diameter of disc, plug, or ball.

2. Size actuators so that gear boxes are not required where possible.

D. Control interface:

1. Configuration:
a. Provide a non-intrusive, non-contacting interface for configuring all input and output settings, control values, ranges, torque switch settings, valve positions switch settings, and options.
1) Configurable from a handheld configuring tool or input devices on the actuator.

2. Local interface, integral to actuator:
a. Non-intrusive, non-contacting selector switches:
1) LOCAL-STOP-REMOTE:
a) Motor actuator operation is prevented with the switch in STOP. 2) OPEN-CLOSE:
a) Controls the valve when LOCAL-STOP-REMOTE is in LOCAL. b) Spring return to center.
c) Configurable between maintained (actuator runs until end of travel, high torque, or a LOCAL-STOP-REMOTE is switched to STOP) and momentary (actuator stops when lever is released). b. Local display:
1) Valve fully open and fully closed indicators.
2) Numerical display showing actual valve or gate position in percent of travel.

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3. Remote control station - (VCP):
a. Provide remote control stations for all actuators located more than 5 feet above finished floor/grade or where indicated on the Drawings in the Schedule.
1) NEMA rating to match those to the associated Actuator Schedule. a) Where the rating is not listed, use NEMA Type 4X enclosures for non-hazardous areas, and explosion-proof (XP) Class I
Division 1 for hazardous areas.
b) All pilot devices shall 30 millimeters, and pilot lights shall be illuminated by LEDs.
2) LOCAL-STOP-REMOTE selector switch.
3) LOCAL mode control devices:
a) Operate valve when LOCAL-STOP-REMOTE integral to
actuator is in REMOTE and LOCAL-STOP-REMOTE on remote
control station is in LOCAL.
b) OPEN-STOP-CLOSE maintained switch or OPEN, STOP, and CLOSE pushbuttons where Maintained operation is indicated in the Actuator Schedule.
c) OPEN-CLOSE spring-return switch or OPEN and CLOSE
pushbuttons where momentary operation is indicated in the Attachment A - Intelligent Actuator Schedule.
4) Pilots’ lights to indicate valve position:
a) Fully open.
b) Fully closed.

4. Coatings:
a. Material requirements:
1) Factory prime and coat with an ISO 12944 classification coating of C5M (Marine, offshore estuaries with high salinity) coating with 15-year durability.
2) Touch-up damaged coatings with manufacturer provided coating repair kit.
b. Application requirements:
1) Painting shall commence within four hours of blast cleaning. 2) Each paint coat within the system is to be applied in accordance with the paint manufacturer’s instructions.
3) Paint thickness shall be checked for each coat on each actuator. c. Qualification requirements:
1) Operators shall be experienced and proficient in surface preparation and coating application techniques.
2) Personnel shall have relevant knowledge of health and safety hazard, use of protective equipment, coating materials, mixing and thinning coatings, coating pot life, surface requirements etc. 3) Personnel carrying out inspection or verification shall be certified as NACE coating inspector or equivalent such as ICorr.

5. Control inputs:
a. Capable of using discrete 120 VAC.
b. Controls the valve when LOCAL-STOP-REMOTE is in REMOTE. c. Isolated inputs capable of operating from external control voltage source or internal power supply:

Electric Actuators
13447-5 8660F10 April 2023
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/13447 (BidSetFinal) d. Provide the following inputs:
1) OPEN.
2) CLOSE.
3) STOP.
e. OPEN and CLOSE inputs configurable between maintained (actuator runs until end of travel, high torque, or a STOP input) and momentary (actuator stops when command is removed).

6. Status outputs:
a. Monitor relay output: Dry contact, normally closed, opens when actuator is not in REMOTE or in the event of any internal fault or alarm condition. b. Dry contact outputs configured for the functions indicated on the Drawings. Provide the following outputs for all actuators:
1) Fully closed.
2) Fully open.
3) LOCAL-STOP-REMOTE in REMOTE position.
a. All output contacts rated for 5 amps, 120 VAC, and 24 VDC.

7. Analog input:
a. Provide a 4-20 milliampere analog input for analog modulating valves when indicated on the Drawings.
b. Modulate valve to maintain position based on analog input value. c. Maximum input impedance 250 ohms.

8. Analog output:
a. Provide an isolated 4-20 milliampere analog output(s) when indicated on the Drawings.
1) Loop power sourced from the actuator power supply.
2) Capable of driving into a load up to 500 ohms.
3) Output proportional to process value(s) indicated on the Drawings. 4) Valve or gate position.
5) Operating torque.

9. For actuators for non-vendor provided systems, provide native EtherNet/IP connectivity.

E. Features:

1. Time delay on reversal: Incorporate time delay between stopping actuator and starting in opposite direction to limit excessive current, torque, and heating from instantaneous reversal.

2. Data logging:
a. Store diagnostic data and reference data.
b. Time-stamped historical operating data, including number of operations and most recent operations.

3. Provide display of logged data on the actuator, or provisions to download to a personal computer.

F. Materials:

1. Construct motorized actuators of materials suitable for the environment in which actuator is to be installed.
a. Enclosure ratings:
1) As scheduled with the following requirements.
a) All actuators will be double sealed for corrosion protection rated at ip68.

Electric Actuators
13447-6 8660F10 April 2023
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/13447 (BidSetFinal) 2) NEMA 4X for all actuators located outside of Class I areas. 3) All others shall be rated FM - Class I Groups B,C and D and Class II E, F, and G.

G. Components:

1. Motors:
a. Specifically designed for valve actuator service with high starting torque, totally enclosed non-ventilated construction.
b. Torque ratings equal to or greater than that required for valve seating and dynamic torques with a 25 percent factor of safety.
1) Design requirements for rubber-seated AWWA butterfly valves:
a) Design actuators for maximum gate or valve operating torque, in accordance with and using safety factors required in
AWWA C504 and AWWA C542.
(1) Valve actuator torque requirement for open-close service:

Not less than the required valve-seating and dynamic
torques under design operating conditions in accordance with AWWA C504.
(2) Valve actuator torque requirement for modulating service:

Not less than twice the required valve dynamic torque
under design operating conditions in accordance with
AWWA C504.
2) Design requirements for slide gates, gate valves, knife gate valves, globe valves, and diaphragm valves:
a) Design valves and actuators for maximum operating torque, in accordance with and using safety factors required in
AWWA C542.
b) Design for the maximum torque and thrust running load over the full cycle.
c) Maximum torque or thrust rating: The actuator stall torque or maximum thrust output shall not exceed the torque or thrust capability of the valve or gate, as determined by the valve or gate manufacturer.
c. Capable of being removed and replaced without draining the actuator gear case.
d. Motor bearings shall be amply proportioned of the anti-friction type and permanently lubricated.
e. Rated for operating under the following conditions without exceeding temperature limits with ambient temperature of 40 degrees Celsius. 1) Continuous operation for 15 minutes or twice the open-to-close operating time (whichever is greater) at normal operating torque or 33 percent of maximum torque (whichever is greater).
2) 60 starts per hour for open/close service or 1,200 starts per hour for modulating service.
f. Provide the following motor protection features:
1) Jammed valve (no valve motion detected through a time delay). 2) High motor temperature (sensed by an embedded thermostats). 3) High torque.
4) Single phasing protection.

Electric Actuators
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pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/13447 (BidSetFinal) H. Enclosures:

1. Actuator housing ratings as indicated in the Motorized Actuator Schedule.

2. Stainless steel external fasteners.

3. Provide O-ring seals for each of the following areas:
a. Between the terminal compartment and the internal electrical elements. b. Between the mechanical and electrical portions to protect from the ingress of oil, and to protect the mechanical components of oil from dust and moisture when the electrical terminal is open.

4. Provide actuators with the following minimum enclosure ratings as scheduled:
a. NEMA Type 4X enclosure for general applications.
b. NEMA Type 6P rated for actuators in underground vaults or where possible submergence is indicated in the Drawings.
1) Suitable for a minimum of 48 hours submerged under 3 meters of water.
c. NEMA Type 7 certified by FM for Class I, Division 1, Groups C, D, E, F, and G, for actuators installed in Class I, Division 1 and 2 areas.

I. Position sensing:

1. Electronic and adjustable using a solid-state encoder wheel. a. Mechanical limit switches and potentiometers are not acceptable.

2. Capable of retaining position and monitoring valve or gate motion when valve is manually actuated and when main power is not present.

3. Valve range and position switch outputs field adjustable.

J. Torque sensing:

1. Torque shutdown setting: 40 percent to 100 percent rated torque:
a. Adjustable in 1 percent increments.

2. Capable of interrupting control circuit during both opening and closing and when valve torque overload occurs.

3. Electrical or electronic torque sensing.

4. Independent of variations in frequency, voltage, or temperature.

5. The actuator shall store actual operational torque curves for retrieval by plant maintenance staff.

6. Provide a temporary inhibit of the torque sensing system during unseating or during starting in mid-travel against high inertia loads.

7. Provide visible verification of torque switch status without any housing disassembly.

K. Manual actuators:

1. Hand wheel for manual operation.
a. Maximum 80-pound pull on rim when operating gate or valve under maximum load.
b. Provide pull chain when motorized actuator is located more than 6 feet above floor surface.
1) Chain shall be of sufficient length to reach approximately 4 feet above the operating level.

Electric Actuators
13447-8 8660F10 April 2023
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/13447 (BidSetFinal) 2) Where the chain obstructs an aisle or walkway, provide holdback or other means to ensure chain does not create a nuisance or hazard to operating personnel.
3) Provide Type 316 stainless steel.

2. Declutch lever: Padlockable, capable of mechanically disengaging motor and related gearing and freeing hand wheel for manual operation.

L. Gearing: Hardened alloy steel spur or helical gears and self-locking, alloy bronze worm gear set.

1. Accurately cut to ensure minimum backlash.

M. Bearings:

1. Anti-friction bearing with caged balls or rollers throughout.

2. Sealed-for-life type thrust bearings housed in a separate thrust base.

N. Drive bushing:

1. Easily detachable for machining to suit the valve stem or gearbox input shaft.

2. Positioned in a detachable base of the actuator.

O. Lubrication:

1. Provide totally enclosed actuator gearing with oil or grease filled gear case suitable for operation at any angle.

2. Actuators requiring special or exotic lubricants are not acceptable.

2.03 ACCESSORIES
A. Software:

1. Furnish PC-based diagnostic and configuration software to display diagnostic data.

2. Provide software communications to the valve actuator using Bluetooth wireless communications.
a. Provide all accessories and drivers required for operation and communications with a standard personal computer running Microsoft Windows.

B. Termination module cover:

1. For actuators on a valve network, provide a means to keep the valve network in service, in the event where the actuator must be removed.

2. Provide sunshades for all outdoor installations of remote control stations that use an LCD or similar screen. Regular pushbutton, sector switches, and pilot light control stations will not require a sunshade.

2.04 SPARE PARTS AND SPECIAL TOOLS
A. As specified in Section 01600 - Product Requirements.

B. Spare parts:

1. Provide the following (minimum 10 percent of total number of actuators of each model type furnished, but not less than 1 for each model of actuator furnished):
a. Stem nut.

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13447-9 8660F10 April 2023
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/13447 (BidSetFinal) b. Worm shaft subassembly.
c. Drive sleeve subassembly.
d. Complete actuator seal kit.
e. Actuator gearbox oil (sufficient quantity to fill 4 gearboxes). f. Encoder.
g. Control module.

2. Provide 1 spare motor for each size motor furnished.

PART 3 EXECUTION

3.01 GENERAL
A. As specified in Section 15050 - Common Work Results for Mechanical Equipment.

B. Position visual indicators so that they are most easily visible.

3.02 COMMISSIONING
A. As specified in Section 01756 - Commissioning, Section 15958 - Mechanical Equipment Testing, and this Section.

B. Manufacturer services:

1. Provide certificates:
a. Manufacturer’s Certificate of Source Testing:
1) Proof-of-Design and Performance Test Reports in accordance with AWWA C542.
b. Manufacturer’s Certificate of Installation and Functionality Compliance.

2. Manufacturer’s Representative on-site requirements:
a. Installation: 2 trips, 2-day minimum each.
b. Functional testing: 2 trips, 2-day minimum each.

3. Training:
a. Maintenance: 4 hours per session, 2 sessions.
b. Operation: 2 hours per session, 2 sessions.

C. Source testing:

1. Design and Performance Test Reports in accordance with AWWA C542.

2. Test each actuator with a simulated load.
a. Simulate a typical valve load.

3. Electrical Instrumentation and Controls:
a. Test witnessing: not witnessed.
b. Conduct testing as specified in Section 17950 - Commissioning for Instrumentation and Controls.

D. Functional testing:

1. Installed actuator:
a. Test witnessing: Witnessed.
b. Conduct Level 2 General Equipment Performance Tests. c. Conduct Level 2 Vibration Tests.
d. Conduct Level 2 Noise Tests.

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2. Electrical Instrumentation and Controls:
a. Test witnessing: Witnessed.
b. Conduct testing as specified in Section 17950 - Commissioning for Instrumentation and Controls.

3.03 INTELLIGENT ACTUATOR SCHEDULE
A. Provide actuators indicated on the Drawings:

1. Major process actuators are listed in the Intelligent Actuator Schedule shown in Attachment A - Intelligent Actuator Schedule
a. Attachment A - Intelligent Actuator Schedule does not include all number and types of actuators required for the Project.

END OF SECTION

Electric Actuators
13447-Attachment A 8660F10 April 2023
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/13447 (BidSetFinal)

ATTACHMENT A - INTELLIGENT ACTUATOR SCHEDULE

Electric Actuators
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pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/13447 (BidSetFinal)

INTELLIGENT ACTUATOR SCHEDULE
Item Reference DWG Type Size Duty NEMA Rating Voltage/Phase/Hz Notes Service Controls FV-60100 60M01, 60N01 BFV 24” ST 4X 480/3
60 Hz - O/C E-IP
FV-60102 60M01, 60N01 BFV 24” ST 4X 480/3
60 Hz - O/C E-IP
FCV-85211 85M02, 85N01 BFV 12” MD 4X 480/3
60 Hz - MOD A
FV-85212 85M02, 85N01 BFV 6” ST 4X 480/3
60 Hz - O/C D O/C
FV-85214 85M02, 85N01 LA - ST 4X 480/3
60 Hz - O/C D O/C
FV-85217 85M02, 85N01 BFV 14” ST 4X 480/3
60 Hz - O/C D O/C
FCV-85218 85M02, 85N01 BFV 12” MD 4X 480/3
60 Hz - MOD A
FV-85219 85M02, 85N01 BFV 8” ST 4X 480/3
60 Hz - O/C D O/C
FCV-85221 85M02, 85N02 BFV 12” MD 4X 480/3
60 Hz - MOD A
FV-85222 85M02, 85N02 BFV 6” ST 4X 480/3
60 Hz - O/C D O/C
FV-85224 85M02, 85N02 LA - ST 4X 480/3
60 Hz - O/C D O/C
FV-85227 85M02, 85N02 BFV 14” ST 4X 480/3
60 Hz - O/C D O/C
FCV-85228 85M02, 85N02 BFV 12” MD 4X 480/3
60 Hz - MOD A

Electric Actuators
13447-Attachment A-2 8660F10 April 2023
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/13447 (BidSetFinal) Item Reference DWG Type Size Duty NEMA Rating Voltage/Phase/Hz Notes Service Controls FV-85229 85M02, 85N02 BFV 8” ST 4X 480/3
60 Hz - O/C D O/C
FCV-85231 85M02, 85N03 BFV 12” MD 4X 480/3
60 Hz - MOD A
FV-85232 85M02, 85N03 BFV 6” ST 4X 480/3
60 Hz - O/C D O/C
FV-85234 85M02, 85N03 LA - ST 4X 480/3
60 Hz - O/C D O/C
FV-85237 85M02, 85N03 BFV 14” ST 4X 480/3
60 Hz - O/C D O/C
FCV-85238 85M02, 85N03 BFV 12” MD 4X 480/3
60 Hz - MOD A
FV-85239 85M02, 85N03 BFV 8” ST 4X 480/3
60 Hz - O/C D O/C
FCV-85241 85M02, 85N04 BFV 12” MD 4X 480/3
60 Hz - MOD A
FV-85242 85M02, 85N04 BFV 6” ST 4X 480/3
60 Hz - O/C D O/C
FV-85244 85M02, 85N04 LA - ST 4X 480/3
60 Hz - O/C D O/C
FV-85247 85M02, 85N04 BFV 14” ST 4X 480/3
60 Hz - O/C D O/C
FCV-85248 85M02, 85N04 BFV 12” MD 4X 480/3
60 Hz - MOD A

Electric Actuators
13447-Attachment A-3 8660F10 April 2023
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/13447 (BidSetFinal) Item Reference DWG Type Size Duty NEMA Rating Voltage/Phase/Hz Notes Service Controls FV-85249 85M02, 85N04 BFV 8” ST 4X 480/3
60 Hz - O/C D O/C
FV-87130 87M01, 87N01 BFV 14” ST 4X 480/3
60 HZ - O/C D O/C
Notes:

None.

Abbreviations:

Types:

BFV = Butterfly Valve.

BV = Ball Valve.

PV = Plug Valve.

SG = Slide Gate.

Duty:

ST = Standard service (0-60 starts/hr) duty.

MD = Modulating duty (~1000 starts/hr).

Service:

O/C = Open/Close.

MOD = Modulating.

Controls:

PA = Profibus PA.

DP = Profibus DP.

DN = DeviceNet.

E-IP = Ethernet/IP.

E-TCP = Ethernet TCP or TCP/IP.

FF = Foundation Fieldbus H1.

MB = Modbus RTU (RS-485).

NET = Manufacturer’s proprietary network.

A = Analog (4-20 mA) control, modulating.

D O/C = Discrete open/close.

D JOD = Position control using discrete jumps.

Agenda Item No: 13.d.

MEETING DATE/TIME: 4/19/2023
ITEM NO: 2023-2361

AGENDA SUMMARY REPORT
SUBJECT: Adoption of Resolution Updating City of Ukiah Tree Management Guidelines.

DEPARTMENT: Community Services PREPARED BY: Neil Davis, Community Services Director PRESENTER: Neil Davis, Community Services Director
ATTACHMENTS:

1. Tree Management Guidelines 2023 DRAFT update_Redline

2. Tree Management Guidelines 2023 DRAFT updateClean

3. Master Tree List Working DraftND_Edit

4. Resolution Tree Guidelines Update
Summary: Council will review and consider adoption of a resolution updating the City's Tree Care Guidelines.

Background: The City of Ukiah’s tree management practices are guided by 1) the City Council approved 2014 Tree Management Guidelines and Tree Management Policies for the Protection and Maintenance of City Property, and 2) Ukiah Municipal Code. The Municipal Code provides significant mechanisms to protect the city’s trees. The Tree Management Guidelines, under review here, focus on procedures and implementation of the requirements delineated in the Code, while the Code itself is used more as a planning tool.

Ukiah Municipal Code requires Staff to maintain a Master Tree List. Municipal Code #5422 states “a Master Tree List will be developed by the City Manager and shall be on file in the Public Works Department. The Master Tree List of the City shall remain in effect until supplanted by subsequent approved amendments or lists.” In addition to the Master Tree List, the code requires a separate Master Tree Plan. The Master Tree Plan is delineated in, and is part of the Municipal Code. The Ukiah Municipal Code also delineates a number of sub-tree lists that are required or recommended in particular situations and the Master Tree List contains all trees from the sublists.

Since the adoption of the guidelines, the growing threat of climate change and advances in Urban Forest management best practices suggest a potential need for an update to the policies, procedures, and practices involving Ukiah Urban Forest protection and management. As stated in the 2040 General Plan Update, “Ukiah is home to multiple species of native oak trees and other sensitive plant species and habitats. The community strives to conserve the iconic natural resources that are part of the area’s identity.” Additionally, Goal 4c of the Climate Initiatives in Resolution 2022-44 is to “Continue to Develop the City of Ukiah’s Tree Management Guidelines.”
As with all City Policies and Procedures, periodic review provides an opportunity for improvement through the addition of new information and best practices as well as the deletion of ineffective elements. City Staff conducted a review of the 2014 document, recruited a group of volunteer expert consultants, consulted with staff who have the task of implementing the plan, and presented early drafts of the updates to the Public Spaces Commission. Based on the findings of this process, an update to the Guidelines and approved Master City Tree List have been drafted for Council review.

Discussion: With direction coming from both policy and code, and with multiple overlapping lists for different locations, there is a surprising amount of complexity to tree care decision making. Additionally, depending on the location of the tree and the nature of the problem, staff reporting to the Electric Department, Parks, Streets, or Public Works may be called upon to perform tree maintenance.

City staff have prepared an initial draft update to the Tree Management Guidelines document. A redlined version of the document is provided as Attachment 1 and a clean version is presented as Attachment 2. The draft was presented to the Public Spaces Commission on August 4, 2022, and their comments have been addressed in the draft.

Four different City divisions (Parks, Planning, Streets, and Electric) are at one time or another involved in the implementation of the tree guidelines. Each division has its own priorities, all are busy, and no clear process is in place to adjudicate differences or to measure the impacts of short-term benefits with long-term costs. Staff’s review suggests that expediency can at times trump appropriate planning and prioritization in tree care decision making, and consistent record-keeping across multiple departments can prove challenging. When questions regarding tree care issues arise, often from the public, it can be difficult to retrace steps and provide adequate detail regarding work performed.

To address this issue, this update proposes the Director of Community Services serve as the ultimate lead on interdepartmental tree care issues, and the City’s new Horticulturists as staff educators and project reviewers.

While emergency and public safety issues can be addressed immediately, Staff recommended updates to the guidelines require that all non-emergent tree trimming and care decisions be reviewed by the City horticulturists before work is begun. This process is intended to provide a “time-out” to preclude hasty decisions while assuring appropriate communication.

Although this update places ultimate authority for on-the-ground tree care to the Director of Community Services, individual Department heads, each with their unique perspective on tree maintenance, will continue to manage their teams. However, all tree care projects will require review by the Parks Department Horticulturists prior to initiation. The draft policy calls for a minimum of quarterly interdepartmental coordination meetings.

The new policy removes the requirement for biannual training for all staff. This requirement proved to be simultaneously burdensome and redundant. The new recommendation is for all staff to receive initial training with annual training for saw operators and advanced and ongoing training for the horticulturists, who will be tasked with supervising the trimming. Although all staff will continue to receive training, by creating a small team of additionally-trained oversight staff, the amount of training needed for the rest of the staff is lessened and accountability can be better focused.

The new policy incorporates language that emphasizes the importance of creating and maintaining shade and establishes Tree Preservation as “arguably the single most important goal in maintaining the Urban Forest.” This approach is supported by current research and the recently completed Willits Urban Forest Management Plan. Staff believe the Willits Urban Forest Management Plan is informative, with the key conclusions broadly applicable to the City of Ukiah.

The Pruning Standards portion of the guidelines has been updated to require that a maximum amount of shade shall be preserved with no more trimming than is absolutely necessary. There is a natural tendency among staff to trim “extra” in an effort to be efficient. Trimming beyond what is strictly required decreases valuable shade, and in many cases does not provide benefit or lengthen the time before further trimming is required. It will fall to the horticulturists under the Direction of the Director of Community Services to ensure compliance.

Staff have also prepared an update to the Master Tree List. The updated version of the tree list will now provide a single source where staff or the public can look up all city trees with references for all the coderequired sub-lists. Per past and proposed guidelines, the Master Tree List does not require City Council approval (the Master Tree Plan and associated ordinances do), however the updated Master Tree list is presented here as a courtesy and reference (Attachment 3). The Master Tree List update was performed by a volunteer team including the City’s own Wild Gardens Manager Andrea Davis, former Mendocino College Agriculture Department Director Jim Xerogeanes, and UC Berkeley Professor Emeritus and author of Oaks in

the Urban Landscape Laurence Costello, PhD. The list has been reviewed by relevant staff. The Master Tree list will ideally be reviewed and updated annually and as needed.

In addition to this update to the Guidelines document, an update to the Municipal Codes that inform tree care decisions should be performed in the near future. At this time, Staff requests the Council approve the attached resolution (Attachment 4) to adopt the updated Tree Care Guidelines as a first step in updating all City tree policies and procedures.

1. Municipal Code Division 6 Safety; Chapter 5, Article 2, Number 5420-29 Street Tree Policy, Purpose and Intent (Ordinance 869, adopted 1987)
Municipal Code Division 9 Planning and Development; Chapter 2 Zoning; Article 18 Zoning; #9229Tree Preservation and Planting Requirements. 9229.1 – 9229.12 (Ord. 1139, §2 (Exh. A, 10.070), adopted 2012)

Recommended Action: Adopt Resolution updating the Tree Care Guidelines BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: NA
PROPOSED BUDGET AMOUNT: NA
FINANCING SOURCE: NA
PREVIOUS CONTRACT/PURCHASE ORDER NO.: NA
COORDINATED WITH:

DIVERSITY-EQUITY INITIATIVES (DEI):

CLIMATE INITIATIVES (CI): 4a – Implement nature-based climate solutions. 4c – Continue to develop the City of Ukiah’s Tree Management Guidelines. 4d – Enhance carbon sequestration capacity. 2a – Transformation of the fleet.

GENERAL PLAN ELEMENTS (GP):

GP-A5 - Environment and Sustainability Element

Attachment 2 Formatted: Right

CITY OF UKIAH

TREE MANAGEMENT GUIDELINES

TREE MANAGEMENT POLICIES FOR THE

PROTECTION, OPERATION AND MAINTENANCE OF CITY PROPERTY
UKIAH’S URBAN FOREST
Adopted December 1, 2010
Revised November 11-19, -2014
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TREE MANAGEMENT GUIDELINES AND POLICIES

FOR THE OPERATION AND MAINTENANCE OF CITY PROPERTY
2 City of Ukiah Tree Management Guidelines

1.0 PURPOSE STATEMENT
The purpose of this document is to provide policy guidelines for the preservation, maintenance and enhancement of the urban forest in parks and other areas maintained by the staff and contractors of the City of Ukiah. These guidelines are based on policy from the City of Ukiah General Plan Growth Management Program adopted by the City Council December 6, 1995 and amended June 16, 2004 and the City of Ukiah Community Forest Management Plan, adopted by the City Council on November 3, 1993.
“ Trees are a precious legacy which improve our quality of life and enhance our community image and pride. Trees enrich air and water quality, provide wildlife habitat, increase aesthetic value, reduce soil erosion, and help us to maintain a sense of rural community.” If the urban forest is the sum of all woody and associated vegetation, then urban forest management is the establishment of the care of this resource.” Urban Forestry; Planning and Managing Urban Greenscapes Community Forest Management Plan Vision Statement

2.0 DEPARTMENTS AFFECTED

2.1 Community Services Department

2.2 Public Works Department

2.3 Electric Utility Department

2.4 Planning and Community Development Department

3.0 RESPONSIBILITY
The department directors shall be responsible for the implementation of these polices and guidelines and all staff shall be trained and shall abide by these guidelines and policies as outlined in this document. City Council shall approve any significant amendments or changes to the Tree Management Guidelines and Policies proposed by staff and community partners before they are adopted.

3.1 The Directors of Community Services will oversee and have authority over the implementation of this plan. The Directors of the affected departments are responsible for the preservation, care and maintenance of trees as follows:

3.1.1 Community Services Department is responsible for all trees in public parks and will supervise and have authority over the trimming and maintenance of all trees.

3.1.2 Public Works Department is responsible for all trees in the public right of way and creeks. For all non-emergent trimming, prior review and approval from the Director of Community Services or designee is required.

3.1.3 Electric Utility Department is responsible for trimming of trees to maintain clearance from primary electric lines and facilities. For all non-emergent trimming, prior review and approval from Community Services is required.

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TREE MANAGEMENT GUIDELINES AND POLICIES

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3 City of Ukiah Tree Management Guidelines

3.2 Planning and Community Development Department is responsible for oversight of all landscaping plans filed by the applicant. Planning staff shall routinely consult a city Horticulturist regarding street tree requirements.

3.3 Inter Departmental Coordination: Inter Departmental meetings will be held a minimum of once per quarter and as necessary to facilitate communication.

3.1.4 3.23.4 Partnerships: Volunteers and/or community groups shall beare important partners to achieve objectives for urban forestry.

4.0 TRAINING
City staff shall receive training on all procedures listed in this document, including on-site classes and/or training prior to working on a tree trimming crew. Parks Department staff will organize and provide training. Documentation of training will be maintained by Human Resources. provided by Mendocino College and assorted qualified arboricultural professionals on a regular schedule to ensure that proper methods are utilized.

Staff who will perform tree trimming shall receive training at least once per year. City Horticulturists and designated Parks Department staff shall obtain additional training sufficient to maintain expertise and the ability to supervise tree-trimming staff. All City of Ukiah staff performing tree care duties within the City’s urban forest shall attend a minimum of two training workshops annually.

A workshop for dormant care of trees will be held in the Fall/Winter months. A second workshop will occur in the Spring/Summer to train for the growing season. WorkshopsTraining for treetrimming staff will include, but not be limited to: proper seasonal maintenance; best practices for soil conditioning; proper pruning techniques; and plant identification. Workshops will generally be held in the field and last about two hours and will be run by a qualified arboricultural professional with expertise in best practices for urban forest care.

5.0 POLICY GOALS
The Tree Management Guidelines focus on long-term protection of the City’s trees and have been developed for the preservation, planting, care, removal or disposition of trees, replacement planting in parks, along streets and in other public areas.

The City of Ukiah intends that these guidelines and policies shall remain in effect, however, they will be subject to change based upon arboricultural standards, community input and staff recommendations. Suggestions for changes to the Guidelines must be submitted in writing to the Director of Community Servicesa department director. They will then be discussed with community partners and staff and then submitted to the City Council for approval.

In addition to these Guidelines, Ukiah Municipal Code provides direction regarding tree care.

Municipal Code requires staff to maintain a Master Tree List. Muncipal Code #5422 states “a Master Tree List will be developed by the City Manager and shall be on file in the Public Works Department. The Master Tree List of the City shall remain in effect until supplanted by subsequent approved amendments or lists.” In addition to the Master Tree List, the code requires a Master Tree Plan.

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TREE MANAGEMENT GUIDELINES AND POLICIES

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4 City of Ukiah Tree Management Guidelines

6.0 GUIDELINES FOR TREE CARE AND MAINTENANCE
Staff and contracted professionals shall utilize International Society of Arboriculture’s Best Management Practices (ISA BMP) and/or American National Standards Institute (ANSI). A Glossary of terms is included in Section 9.0.

Specific criteria as detailed in the ISA BMP shall be established and applied to for the removal and/or pruning of trees located in or on City property. The same criteria shall be used to evaluate the overall public benefit of the proposed work. In all cases, safety concerns shall receive priority. In addition, priority will be given to limiting removal, increasing forest canopy, and preserving appropriate vegetation and shade on city park property and streets.

6.1 Tree Preservation: Tree preservation is arguably the single most important goal in maintaining the Urban Forest. A replacement tree requires decades of growth to achieve similar benefits of carbon sequestration, shade, habitat, and beauty. Additionally, there are a limited number of available sites for trees to be planted. If a root ball needs to be removed, the cost of replanting can he prohibitive. For all these reasons and more, every tree should be treated as a precious resource with all efforts made toThe health and physical state of trees shall be maintained and protected whenever possible. Instances not specifically covered elsewhere in this policy include:

6.1.1 Identification of Landmark Trees: Landmark trees provide an excellent opportunity to educate the public about the importance of trees in general and the benefits and beauty of individual of trees. Trees receiving this designation are considered unique because of size, species, historical significance. Refer to the Glossary of Terms.

6.1.2 Conservation of Commemorative Tree Program;

6.1.32 Existing Trees: Staff shall change use patterns in root zones whenever practical.

For example: Vehicles parked or materials stored in the root zone shall be subject to an education and/or enforcement campaign to reverse the damage to the tree roots; pathways causing excessive compaction around tree roots shall be relocated if other options are deemed insufficient. Fencing, boulders, logs and landscaping are reasonable deterrents to reduce further damage and shall be used whenever practical. Refer to ISA BMP Integrated Vegetation Management.

6.1.43 Special consideration shall be given for unique situations. Every effort shall be made to protect trees growing near underground streams.

6.1.54 Storm water flooding and sedimentation of drainage areas shall be properly considered before tree removal.

6.1.65 The relationship of vegetation to slope stability will be a primary consideration in all proposed vegetation management on slopes.

6.1.76 Diseased or Infested Plants That Pose Risk to Trees: Action shall be taken to effectively decrease risk to other trees from pests and diseases. This may include removal and destruction of affected materials, pesticide treatments and/or alternative cultural practices. Other qualified experts shall be consulted Formatted: Font: Bold
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TREE MANAGEMENT GUIDELINES AND POLICIES

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5 City of Ukiah Tree Management Guidelines
as needed. Refer to ISA BMP Integrated Pest Management; City of Ukiah Integrated Pest Management Plan.

6.1.7 6.1.8 Damage, Vandalism and Illegal Cutting: Action shall be taken whenever possible to investigate and prosecute vandalism and illegal cutting of city-owned trees. Compensation for damages shall be sought based on the appraised value in accordance with The Guide for Plant Appraisal as authored by the Council of Tree and Landscape Appraisers.

6.2 Planting: Planning before planting can ensure that the right tree is planted in the right location. Proper tree selection and placement prevents tree damage and costly maintenance like trimming. Consideration of water requirements and climate and surrounding infrastructure such as sidewalks, sewer lines and overhead/underground power lines shall improve the chances for optimum growth potential. Refer to the City of Ukiah’s Master Tree List; City of Ukiah Tree Planting and Maintenance Recommendations; ISA BMP Tree Planting; and ISA BMPTree Support Systems.

6.3 Root Environment and Tree Root Zones: Refer to the Glossary of Terms. Whenever feasible, a pro-active program of cultural practices shall be implemented to maintain the health and vitality of City trees. Refer to ISA BMP Tree and Shrub Fertilization.

6.3.1 Trees in parks, fields and all other areas both developed and undeveloped:

6.3.1.1 Soil Compaction: Every effort shall be made to avoid the compaction of soil in root zones and to encourage penetration of rainfall deep into the soil.

6.3.1.2 Mulch: Organic material such as mulch and leaves shall not be removed under the tree canopy.

6.3.1.3 Crews shall, when feasible and practical, establish and maintain the areas under tree canopies free of turf and invasive plant species. The use of native grasses and plants are encouraged, as are plants associated with the trees above them. Special consideration shall be given to oak trees and the use of drought tolerant plants near them.

6.3.1.4 Parking: Vehicles and equipment should be parked on paved areas, streets and parking lots.

6.3.1.5 Pavement: The use of pavement within park and garden areas shall be limited as much as possible, especially under tree canopies. Whenever pavement is necessary the use of permeable materials is preferred.

Remove the affected curb and damaged or cracked pavement due to root uplift when feasible. Level the section with mulch, chips, sand, or gravel rather than replacing the area with impervious materials.

6.3.1.6 Leaf Blowers: The use of leaf blowers is discouraged. Leaf blowers should not be used to blow debris with native soil. Battery powered leaf blowers are preferred.

6.3.1.7 Pesticides: The use of pesticides is discouraged. Please refer to the City Integrated Pest Management policy.

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TREE MANAGEMENT GUIDELINES AND POLICIES

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6 City of Ukiah Tree Management Guidelines

6.3.1.8 Stakes: In the unusual situation when stakes are needed they should be driven in outside the root ball. ISA BMP Tree Support Systems shall be followed.

6.4 Construction around Trees: Protection devices shall be installed to protect the tree and root zones when near or within construction zones. The root system extends at least to the edge of the canopy or drip line of the tree with most of the fine feeder roots active in the top few inches of the soil. These roots need air to stay healthy in order to provide the tree with nutrients and water. This root zone shall be protected from compaction, changes in soil grade, digging, or other disturbances.

Protective fencing and warning signage will be required around the root zone. All tree protection devices shall be visible, well-anchored, and approved in the field by the Supervisor or designee prior to clearing, grading, or beginning of construction and shall remain in place and maintained until the project is completed. Refer to ISA BMP Managing Trees During Construction and ANSI Construction Management and Standard.

6.5 Consultation with a Qualified Arboricultural Professional: When planning and designing a public improvement project the City shall seek the appropriate qualified expert when the project involves or is near a tree or trees.

6.6 Pruning Standards: The effects of Climate Change place an ever-increasing value on shade. Therefore, pruning shall be performed with a minimum removal of plant matter.

The goal or of pruning shall be to preserve the maximum amount of shade while allowing for the pruning goal. The latest pruning standards established by the International Society of Arboriculture shall be used in the maintenance of trees and are detailed in the ISA Best Maintenance Practice booklets. Refer to ISA BMP Tree Pruning; ISA BMP Utility Pruning of Trees. Such maintenance will include:

6.6.1 General pruning for clearance to prevent injuries and to facilitate maintenance and vehicle clearance.

6.6.2 Pruning dead, dying, and diseased sections to improve the health and appearance of the tree and to prevent accidents.

6.6.3 Pruning for clearance around lighting and overhead lines.

6.6.4 Pruning back for authorized passage on service roads, walkways and paths.

6.6.5 Pruning requested byat the request of a private property owner shall only occur with prior approval of the Director of Community Services. Such requests do not obligate the City of Ukiah to prune trees, shrubs, and/or vegetation and should only be approved if there is an overriding and substantial benefit to the City . Such requests do not obligate the Department to prune trees, shrubs, and/or vegetation. It is the responsibility of the business owner to plan their signage so that visibility is not affected by growing trees.

6.6.6 Pruning in park areas identified as places of illegal or inappropriate activity in order to improve general visibility, safety, and increased police surveillance.

TREE MANAGEMENT GUIDELINES AND POLICIES

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7 City of Ukiah Tree Management Guidelines

6.7 Birds and Nesting: Except in emergencies nesting birds or nests shall not be disturbed or harassed by pruning or removal activities. To avoid nesting season, pruning, trimming, and tree removal shall only such activities shall occur between September 1st and March 31st unless a qualified biologist, certified arborist. Or the Director of Community Services has assessed and approved the activity.

Fish and Game Code 3503: "It is unlawful to take, possess, or needlessly destroy the nest or eggs of any bird..." The Migratory Birds Treaty Act of 1918 also applies.

6.8 Unnecessary Wounding: Prior to trimming a City Horticulturist will review tree trimming plans and consider the health and timing of trimming to ensure the tree will not be unnecessarily wounded. Because “topping” of trees can cause permanent damage by promoting decay, as well as unnatural, dense and weak branching structure, topping shall not be practiced or permitted except under special circumstances. Not only can a tree sustain wounds to the branches or top, it can also sustain wounds to the trunk.

Therefore, these policies shall reinforce the protection of the trunk area from wounds associated with a lawn mower or other equipment.

6.9 Hazardous Tree Management: Public health, safety and general welfare will be maintained through the use of generally accepted professional practices of evaluation and treatment to reduce risks to people and property from hazardous trees. Attention to proper selection, planting and maintenance of new trees shall also be pursued to achieve long-term risk reduction. Emergency corrective action can be undertaken without horticulturist review. However, crews who remove or trim a tree under emergency conditions shall notify and provide an after-action review to the horticulturist or Director of Community Services.

6.9.1 The City of Ukiah shall assess and manage the risk of tree failure within the limits of available fiscal and human resources. Priority shall be given to locations and situations with high probability of failure and high potential damage or injury that may result.

6.9.2 Notwithstanding an immediate hazard to safety and/or property, the City shall utilize a written tree risk assessment methodology established by the ISA ISA Basic Tree Risk Assessment Form or equivalent) to evaluate the likelihood that part or all of a tree will fail and cause damage. The components of the assessment shall include tree health, species profile, site factors, history of failures, tree defects/conditions, target assessment, risk categorization, mitigation options and recommend intervals when warranted.

6.9.32 Corrective action for high hazard rated trees shall be reasonable and prudent and may include:
• Moving any at-risk structures, equipment, fixtures or recreational sites; • Correction of the defect by pruning, cabling and bracing, or tree removal; • Closure of the area

7.0 Tree Removal: The City shall provide 72 hours of advance notice of the intended tree or trees that shall be removed by posting a sign at the work site when feasible. The sign shall contain the reason for the removal of the tree and the appropriate city department’s telephone number that the public may contact for further information. Tree removal will include:

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TREE MANAGEMENT GUIDELINES AND POLICIES

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8 City of Ukiah Tree Management Guidelines

7.0.1 Trees that pose substantial risk or hazard to the public, adjacent properties or to public facilities.

7.0.2 Dead, dying or diseased trees.

7.0.3 Removal from properties being improved or developed under an approved design, however, prior consideration to retention shall be given whenever possible. Preference is to retain existing healthy trees when designing any development rather than attempting mitigation.

7.0.4 Trees that block trails, drains or otherwise obstruct the use and function of infrastructure elements.

7.0.5 Trees on sites that were over planted by design or are crowded from natural competition. As the landscape grows, the Supervisor with consultation with a qualified expert shall selectively remove trees on a site to maintain spacing for optimal tree growth and function.

7.0.6 Removal requested by a private property owner shall only occur with prior written approval of the Director of Community .Services. However, sSuch requests do not obligate the City of Ukiah to remove or allow removal of any trees, shrubs, and/or vegetation and should only be approved if there is an overriding and substantial benefit to the City.

7.0.7 Consideration shall be given for providing trunk and limbs for service projects such as constructing benches and picnic tables. The use of wood chips for mulching material around trees and vegetation in the parks is encouraged.

7.0.8 Any person aggrieved or impacted by a decision to remove a tree may appeal the decision during the noticing period. A letter stating the reason(s) for the appeal must be submitted to the City Clerk’s Office. An appeal automatically stops any action or non-action on the tree until the responsible Department Director has an opportunity to review and consider the appeal. The Director’s decision on and appeal is the final administrative determination.

The Director’s final determination may be appealed to the City Council. The appeal must be filed with the City Clerk’s Office with 10 days of the Director’s determination and must be accompanied by supporting documentation from a qualified arboricultural professional using the same tree risk assessment methodology established by the ISA as detailed on Section 6.9.2.

7.1 Tree Replacement: At least one tree shall be planted for every tree that is removed from City property. Replacement tree species shall be selected so that overall mature canopy volume will be maintained or increased. It is preferable to plant the replacement tree in close proximity to the original tree’s location. The replacement tree may be located elsewhere, if local conditions contributed to the previous tree’s failure (See Section 6.2). New locations should be found on the same site or in the same neighborhood at a location of similar or greater value. Preference shall be given for planting native trees whenever feasible.

7.2 Replacement Plantings The City shall undertake the task of replacement plantings to mitigate the effects of vegetation removal and to reestablish the landscape and increase overall mature forest canopy. The City shall determine the species of tree to be planted

TREE MANAGEMENT GUIDELINES AND POLICIES

FOR THE OPERATION AND MAINTENANCE OF CITY PROPERTY
9 City of Ukiah Tree Management Guidelines
on City property and the planting location. Every effort shall be made to select a species compatible with the existing tree plantings on the street, (the neighborhood identity), the maturity of the trees, space available for growth, the presence of underground and overhead utility lines, utility poles, streetlights, driveway approaches and fire hydrants.

7.3 Phasing: The City of Ukiah when appropriate shall consider a phased approach to vegetation management to reduce potential short-term negative aesthetic and/or wildlife habitat impacts (associated with such actions).

7.4 Wildlife and Habitat: Trees and forested areas are recognized as important habitat for native wildlife and providing vital wildlife corridors. Trees, undeveloped landscapes and creeks will be managed to optimize them for wildlife habitat. Refer to the City of Ukiah Creeks Maintenance Policies and Procedures.

8.0 SUMMARY
These guidelines are set in place to enhance the urban forest within the City of Ukiah. As industry standards change in regard to tree care, this document shall remain flexible to incorporate needed changes.

9.0 GLOSSARY OF TERMS
For additional definitions, refer to the International Society of Arboriculture Best Management Practices

9.1 Commemorative Program Tree Program provides an opportunity fo the public in celebrating an event of memorializing a loved one by the planting of a young tree or tree while improving the appearance and canopy of City Parks. A tree or grove is purchased from the City of Ukiah to honor or memorialize an individual or group. Such tree(s) are indentified and recorded by the City of Ukiah with the name of the species, dedicated individual or group and the name of the donor.

9.21 Developed landscape is property that has been graded and/or planted, and contains plantings that are distinct from typical native forest. These active and/or passive recreational landscape areas are routinely maintained by park staff for public use. Developed landscapes shall include, but are not limited to:
lawns, athletic fields, boulevards, golf courses including pitch and putt, lawn bowling greens, play areas, squares, places, triangles, and swimming beaches.

9.32 Hazardous Tree is a tree that can be predicted to fail and has a high probability of striking people or property causing injury or damage.

9.43 Invasive exotic vegetation consists of species of plants that are not native to our region and exhibit aggressive growth to the exclusion of native or planted landscapes and wildlife.

9.54 Landmark Trees. Education is the primary goal of the landmark tree program.

Landmark trees are individual trees that have been designated as unique because of size, historical/commemorative association, and distinct form, as an outstanding specimen or are important for wildlife habit. Such trees will be given extra protection and consideration for retentionLandmark trees are provided

TREE MANAGEMENT GUIDELINES AND POLICIES

FOR THE OPERATION AND MAINTENANCE OF CITY PROPERTY
10 City of Ukiah Tree Management Guidelines
extra protection via the Ukiah Municipal Code. These trees will be used as an educational tool highlighting the benefits of maintaining an urban forest.

9.6 Protected Trees – Ukiah Municipal Code $9229.3 identifies trees that are protected within the boundaries of this code. Removal of a protected tree requires approval of a major exception.

9.65 Topping is the removal of the terminal shoot of a tree to a stub or lateral branch that is not sufficiently large enough to assume a terminal role or cannot be expected to achieve wound closure to inhibit decay.

9.76 Tree Failure is the breaking and falling of a tree or any substantial part of a tree. This does not include falling leaves or fruit.

9.87 Tree Root Zone is the area from the trunk to the drip line or the edge of the unpruned canopy around a mature, uninjured tree or the anticipated root zone of a young tree.

9.98 Qualified Arboricultural Professional is a tree care professional with a minimum of two years experience in the evaluation and care of trees in combination with a professional license or certification that measures minimum competency in relevant subjects, including protection of public health, safety and welfare. Acceptable titles include Certified Arborist, Registered Consulting Arborist, Registered Professional Forester, and Landscape Architect.

9.9 Undeveloped Landscape is property that contains native or volunteer (selfpropagated) plants and is not intended for recreational use except along designated trails. Undeveloped landscapes are (usually) not as intensively maintained as developed landscapes.

10.0 ADDITIONAL RESOURCES
Additional City and other tree-related documents that incorporate tree guidelines are available electronically through the Intranet. The Department Directors shall provide the The International Society of Arboriculture Best Management Practice booklets, American National Standards Institute related documents, and Mendocino County ReLeaf materials to their employees.

These documents are:
• Municipal Code Chapter 5, Article 2, Chapter 5, Number 5420 Street Tree Policy, Purpose and Intent (Ordinance 869, adopted 1987)
• Community Forest Management Plan
• Tree Protection and Enhancement Policy
• Tree Planting and Maintenance Recommendations
• Master Tree List
• Tree Protection During Construction
• Integrated Pest Management Plan, Community Service Department • Creek Maintenance Policies & Procedures
• Form Based Zoning Preservation Tree List (in progress) Formatted: Font: Bold

TREE MANAGEMENT GUIDELINES AND POLICIES

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11 City of Ukiah Tree Management Guidelines
• General Plan, Open Space and Conservation Element, adopted 12/6/1995; amended 6/16/2004
• Ukiah 2040 General Plan; Environment and Sustainability Element (2022) • Landscaping and Streetscape Design Guidelines
• Commercial Development Design Guidelines
• International Society of Arboriculture Best Management Practices (ISA BMP): Managing Trees During Construction; Tree Pruning; Integrated Pest Management; Tree Support Systems; Utility Pruning of Trees; Tree and Shrub Fertilization; Tree Planting; Tree Inventories; Integrated Vegetation Management
• American National Standards Institute (ANSI): Construction Management Standards • Mendocino County ReLeaf Tree Care Guide
• Hillside Ordinance 9135

11.0 REFERENCES
Urban Forestry; Planning and Managing Urban Greenspaces 3rd Edition Robert W Miller, Richard J Hauer
Les P. Werner ; W Saveland Press Inc, 2015
Oaks in the Urban Landscape; Selection, Care, Preservation Laurence R Costello, Bruce W. Hagen; Katherine S Jones
University of California Natural Resources Publication 3518; 2011 Willits Urban Forest Management Plan
Technical Assessment Prepared by Dudek 38 N Marengo Pasadena, CA 91101 2021
Municipal Code Division 6 Safety; Chapter 5, Article 2, Number 5420-29 Street Tree Policy, Purpose and Intent (Ordinance 869, adopted 1987)
Municipal Code Division 9 Planning and Development; Chapter 2 Zoning; Article 18 Zoning; #9229Tree Preservation and Planting Requirements. 9229.1 – 9229.12 (Ord. 1139, §2 (Exh. A,

10.070), adopted 2012)

Attachment 2

CITY OF UKIAH

TREE MANAGEMENT GUIDELINES

TREE MANAGEMENT POLICIES FOR THE

PROTECTION, OPERATION AND MAINTENANCE OF
UKIAH’S URBAN FOREST
Adopted December 1, 2010
Revised November 19, 2014
Revised March 19, 2023

TREE MANAGEMENT GUIDELINES AND POLICIES

FOR THE OPERATION AND MAINTENANCE OF CITY PROPERTY
2 City of Ukiah Tree Management Guidelines

1.0 PURPOSE STATEMENT
The purpose of this document is to provide policy guidelines for the preservation, maintenance and enhancement of the urban forest in parks and other areas maintained by the staff and contractors of the City of Ukiah.

If the urban forest is the sum of all woody and associated vegetation, then urban forest management is the establishment of the care of this resource.” Urban Forestry; Planning and Managing Urban Greenscapes

2.0 DEPARTMENTS AFFECTED

2.1 Community Services Department

2.2 Public Works Department

2.3 Electric Utility Department

2.4 Planning and Community Development Department

3.0 RESPONSIBILITY
The department directors shall be responsible for the implementation of these polices and guidelines and all staff shall be trained and shall abide by these guidelines and policies as outlined in this document. City Council shall approve any significant amendments or changes to the Tree Management Guidelines and Policies proposed by staff and community partners before they are adopted.

3.1 The Director of Community Services will oversee and have authority over the implementation of this plan. The Directors of the affected departments are responsible for the preservation, care and maintenance of trees as follows:

3.1.1 Community Services Department is responsible for all trees in public parks and will supervise and have authority over the trimming and maintenance of all trees

3.1.2 Public Works Department is responsible for all trees in the public right of way and creeks. For all non-emergent trimming, prior review and approval from the Director of Community Services or designee is required.

3.1.3 Electric Utility Department is responsible for trimming of trees to maintain clearance from primary electric lines and facilities. For all non-emergent trimming, prior review and approval from Community Services is required.

3.2 Planning and Community Development Department is responsible for oversight of all landscaping plans filed by the applicant. Planning staff shall routinely consult a city Horticulturist regarding street tree requirements.

3.3 Inter Departmental Coordination: Inter Departmental meetings will be held a minimum of once per quarter and as necessary to facilitate communication.

3.1.4

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3.4 Partnerships: Volunteers and/or community groups are important partners to achieve objectives for urban forestry.

4.0 TRAINING
City staff shall receive training on all procedures listed in this document, including on-site classes and/or training prior to working on a tree trimming crew. Parks Department staff will organize and provide training. Documentation of training will be maintained by Human Resources.

Staff who will perform tree trimming shall receive training at least once per year. City Horticulturists and designated Parks Department staff shall obtain additional training sufficient to maintain expertise and the ability to supervise tree-trimming staff.

Training for tree-trimming staff will include, but not be limited to: proper seasonal maintenance; best practices for soil conditioning; proper pruning techniques; and plant identification.

5.0 POLICY GOALS
The Tree Management Guidelines focus on long-term protection of the City’s trees and have been developed for the preservation, planting, care, removal or disposition of trees, replacement planting in parks, along streets and in other public areas.

The City of Ukiah intends that these guidelines and policies shall remain in effect, however, they will be subject to change based upon arboricultural standards, community input and staff recommendations. Suggestions for changes to the Guidelines must be submitted in writing to the Director of Community Services. They will then be discussed with community partners and staff and then submitted to the City Council for approval.

In addition to these Guidelines, Ukiah Municipal Code provides direction regarding tree care.

Municipal Code requires staff to maintain a Master Tree List. Muncipal Code #5422 states “a Master Tree List will be developed by the City Manager and shall be on file in the Public Works Department. The Master Tree List of the City shall remain in effect until supplanted by subsequent approved amendments or lists.” In addition to the Master Tree List, the code requires a Master Tree Plan.

6.0 GUIDELINES FOR TREE CARE AND MAINTENANCE
Staff and contracted professionals shall utilize International Society of Arboriculture’s Best Management Practices (ISA BMP) and/or American National Standards Institute (ANSI). A Glossary of terms is included in Section 9.0.

Specific criteria as detailed in the ISA BMP shall be established and applied to for the removal and/or pruning of trees located in or on City property. The same criteria shall be used to evaluate the overall public benefit of the proposed work. In all cases, safety concerns shall receive priority. In addition, priority will be given to limiting removal, increasing forest canopy, and preserving appropriate vegetation and shade on city property and streets.

6.1 Tree Preservation: Tree preservation is arguably the single most important goal in maintaining the Urban Forest. A replacement tree requires decades of growth to achieve similar benefits of carbon sequestration, shade, habitat, and beauty. Additionally, there are a limited number of available sites for trees to be planted. If a root ball needs to be

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removed, the cost of replanting can he prohibitive. For all these reasons and more, every tree should be treated as a precious resource with all efforts made to protect whenever possible. Instances not specifically covered elsewhere in this policy include:

6.1.1 Identification of Landmark Trees: Landmark trees provide an excellent opportunity to educate the public about the importance of trees in general and the benefits and beauty of individual of trees. Trees receiving this designation are considered unique because of size, species, historical significance. Refer to the Glossary of Terms.

6.1.2 Conservation of Commemorative Tree Program;

6.1.3 Existing Trees: Staff shall change use patterns in root zones whenever practical.

For example: Vehicles parked or materials stored in the root zone shall be subject to an education and/or enforcement campaign to reverse the damage to the tree roots; pathways causing excessive compaction around tree roots shall be relocated if other options are deemed insufficient. Fencing, boulders, logs and landscaping are reasonable deterrents to reduce further damage and shall be used whenever practical. Refer to ISA BMP Integrated Vegetation Management.

6.1.4 Special consideration shall be given for unique situations. Every effort shall be made to protect trees growing near underground streams.

6.1.5 Storm water flooding and sedimentation of drainage areas shall be properly considered before tree removal.

6.1.6 The relationship of vegetation to slope stability will be a primary consideration in all proposed vegetation management on slopes.

6.1.7 Diseased or Infested Plants That Pose Risk to Trees: Action shall be taken to effectively decrease risk to other trees from pests and diseases. This may include removal and destruction of affected materials, pesticide treatments and/or alternative cultural practices. Other qualified experts shall be consulted as needed. Refer to ISA BMP Integrated Pest Management; City of Ukiah Integrated Pest Management Plan.

6.1.8 Damage, Vandalism and Illegal Cutting: Action shall be taken whenever possible to investigate and prosecute vandalism and illegal cutting of city-owned trees. Compensation for damages shall be sought based on the appraised value in accordance with The Guide for Plant Appraisal as authored by the Council of Tree and Landscape Appraisers.

6.2 Planting: Planning before planting can ensure that the right tree is planted in the right location. Proper tree selection and placement prevents tree damage and costly maintenance like trimming. Consideration of water requirements and climate and surrounding infrastructure such as sidewalks, sewer lines and overhead/underground power lines shall improve the chances for optimum growth potential. Refer to the City of Ukiah’s Master Tree List; City of Ukiah Tree Planting and Maintenance Recommendations; ISA BMP Tree Planting; and ISA BMPTree Support Systems.

6.3 Root Environment and Tree Root Zones: Refer to the Glossary of Terms. Whenever feasible, a pro-active program of cultural practices shall be implemented to maintain the health and vitality of City trees. Refer to ISA BMP Tree and Shrub Fertilization.

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6.3.1 Trees in parks, fields and all other areas both developed and undeveloped:

6.3.1.1 Soil Compaction: Every effort shall be made to avoid the compaction of soil in root zones and to encourage penetration of rainfall deep into the soil.

6.3.1.2 Mulch: Organic material such as mulch and leaves shall not be removed under the tree canopy.

6.3.1.3 Crews shall, when feasible and practical, establish and maintain the areas under tree canopies free of turf and invasive plant species. The use of native grasses and plants are encouraged, as are plants associated with the trees above them. Special consideration shall be given to oak trees and the use of drought tolerant plants near them.

6.3.1.4 Parking: Vehicles and equipment should be parked on paved areas, streets and parking lots.

6.3.1.5 Pavement: The use of pavement within park and garden areas shall be limited as much as possible, especially under tree canopies. Whenever pavement is necessary the use of permeable materials is preferred.

Remove the affected curb and damaged or cracked pavement due to root uplift when feasible. Level the section with mulch, chips, sand, or gravel rather than replacing the area with impervious materials.

6.3.1.6 Leaf Blowers: The use of leaf blowers is discouraged. Leaf blowers should not be used to blow debris with native soil. Battery powered leaf blowers are preferred.

6.3.1.7 Pesticides: The use of pesticides is discouraged. Please refer to the City Integrated Pest Management policy.

6.3.1.8 Stakes: In the unusual situation when stakes are needed they should be driven in outside the root ball. ISA BMP Tree Support Systems shall be followed.

6.4 Construction around Trees: Protection devices shall be installed to protect the tree and root zones when near or within construction zones. The root system extends at least to the edge of the canopy or drip line of the tree with most of the fine feeder roots active in the top few inches of the soil. These roots need air to stay healthy in order to provide the tree with nutrients and water. This root zone shall be protected from compaction, changes in soil grade, digging, or other disturbances.

Protective fencing and warning signage will be required around the root zone. All tree protection devices shall be visible, well-anchored, and approved in the field by the Supervisor or designee prior to clearing, grading, or beginning of construction and shall remain in place and maintained until the project is completed. Refer to ISA BMP Managing Trees During Construction and ANSI Construction Management and Standard.

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6.5 Consultation with a Qualified Arboricultural Professional: When planning and designing a public improvement project the City shall seek the appropriate qualified expert when the project involves or is near a tree or trees.

6.6 Pruning Standards: The effects of Climate Change place an ever-increasing value on shade. Therefore, pruning shall be performed with a minimum removal of plant matter.

The goal or of pruning shall be to preserve the maximum amount of shade while allowing for the pruning goal. The latest pruning standards established by the International Society of Arboriculture shall be used in the maintenance of trees and are detailed in the ISA Best Maintenance Practice booklets. Refer to ISA BMP Tree Pruning; ISA BMP Utility Pruning of Trees. Such maintenance will include:

6.6.1 General pruning for clearance to prevent injuries and to facilitate maintenance and vehicle clearance.

6.6.2 Pruning dead, dying, and diseased sections to improve the health and appearance of the tree and to prevent accidents.

6.6.3 Pruning for clearance around lighting and overhead lines.

6.6.4 Pruning back for authorized passage on service roads, walkways and paths.

6.6.5 Pruning at the request of a private property owner shall only occur with prior approval of the Director of Community Services. Such requests do not obligate the City of Ukiah to prune trees, shrubs, and/or vegetation and should only be approved if there is an overriding and substantial benefit to the City It is the responsibility of the business owner to plan their signage so that visibility is not affected by growing trees.

6.6.6 Pruning in park areas identified as places of illegal or inappropriate activity in order to improve general visibility, safety, and increased police surveillance.

6.7 Birds and Nesting: Except in emergencies nesting birds or nests shall not be disturbed or harassed by pruning or removal activities. To avoid nesting season, pruning, trimming, and tree removal shall only occur between September 1st and March 31st unless a qualified biologist, certified arborist. Or the Director of Community Services has assessed and approved the activity. Fish and Game Code 3503: "It is unlawful to take, possess, or needlessly destroy the nest or eggs of any bird..." The Migratory Birds Treaty Act of 1918 also applies.

6.8 Unnecessary Wounding: Prior to trimming a City Horticulturist will review tree trimming plans and consider the health and timing of trimming to ensure the tree will not be unnecessarily wounded. Because “topping” of trees can cause permanent damage by promoting decay, as well as unnatural, dense and weak branching structure, topping shall not be practiced or permitted except under special circumstances. Not only can a tree sustain wounds to the branches or top, it can also sustain wounds to the trunk.

Therefore, these policies shall reinforce the protection of the trunk area from wounds associated with a lawn mower or other equipment.

6.9 Hazardous Tree Management: Public health, safety and general welfare will be maintained through the use of generally accepted professional practices of evaluation

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and treatment to reduce risks to people and property from hazardous trees. Attention to proper selection, planting and maintenance of new trees shall also be pursued to achieve long-term risk reduction. Emergency corrective action can be undertaken without horticulturist review. However, crews who remove or trim a tree under emergency conditions shall notify and provide an after-action review to the horticulturist or Director of Community Services.

6.9.1 The City of Ukiah shall assess and manage the risk of tree failure within the limits of available fiscal and human resources. Priority shall be given to locations and situations with high probability of failure and high potential damage or injury that may result.

6.9.2 Notwithstanding an immediate hazard to safety and/or property, the City shall utilize a written tree risk assessment methodology established by the ISA ISA Basic Tree Risk Assessment Form or equivalent) to evaluate the likelihood that part or all of a tree will fail and cause damage. The components of the assessment shall include tree health, species profile, site factors, history of failures, tree defects/conditions, target assessment, risk categorization, mitigation options and recommend intervals when warranted.

6.9.3 Corrective action for high hazard rated trees shall be reasonable and prudent and may include:
• Moving any at-risk structures, equipment, fixtures or recreational sites; • Correction of the defect by pruning, cabling and bracing, or tree removal; • Closure of the area

7.0 Tree Removal: The City shall provide 72 hours of advance notice of the intended tree or trees that shall be removed by posting a sign at the work site when feasible. The sign shall contain the reason for the removal of the tree and the appropriate city department’s telephone number that the public may contact for further information. Tree removal will include:

7.0.1 Trees that pose substantial risk or hazard to the public, adjacent properties or to public facilities.

7.0.2 Dead, dying or diseased trees.

7.0.3 Removal from properties being improved or developed under an approved design, however, prior consideration to retention shall be given whenever possible. Preference is to retain existing healthy trees when designing any development rather than attempting mitigation.

7.0.4 Trees that block trails, drains or otherwise obstruct the use and function of infrastructure elements.

7.0.5 Trees on sites that were over planted by design or are crowded from natural competition. As the landscape grows, the Supervisor with consultation with a qualified expert shall selectively remove trees on a site to maintain spacing for optimal tree growth and function.

7.0.6 Removal requested by a private property owner shall only occur with prior written approval of the Director of Community Services. Such requests do not

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obligate the City of Ukiah to remove or allow removal of any trees, shrubs, and/or vegetation and should only be approved if there is an overriding and substantial benefit to the City

7.0.7 Consideration shall be given for providing trunk and limbs for service projects such as constructing benches and picnic tables. The use of wood chips for mulching material around trees and vegetation in the parks is encouraged.

7.0.8 Any person aggrieved or impacted by a decision to remove a tree may appeal the decision during the noticing period. A letter stating the reason(s) for the appeal must be submitted to the City Clerk’s Office. An appeal automatically stops any action or non-action on the tree until the responsible Department Director has an opportunity to review and consider the appeal. The Director’s decision on and appeal is the final administrative determination.

The Director’s final determination may be appealed to the City Council. The appeal must be filed with the City Clerk’s Office with 10 days of the Director’s determination and must be accompanied by supporting documentation from a qualified arboricultural professional using the same tree risk assessment methodology established by the ISA as detailed on Section 6.9.2.

7.1 Tree Replacement: At least one tree shall be planted for every tree that is removed from City property. Replacement tree species shall be selected so that overall mature canopy volume will be maintained or increased. It is preferable to plant the replacement tree in close proximity to the original tree’s location. The replacement tree may be located elsewhere, if local conditions contributed to the previous tree’s failure (See Section 6.2). New locations should be found on the same site or in the same neighborhood at a location of similar or greater value. Preference shall be given for planting native trees whenever feasible.

7.2 Replacement Plantings The City shall undertake the task of replacement plantings to mitigate the effects of vegetation removal and to reestablish the landscape and increase overall mature forest canopy. The City shall determine the species of tree to be planted on City property and the planting location. Every effort shall be made to select a species compatible with the existing tree plantings on the street, (the neighborhood identity), the maturity of the trees, space available for growth, the presence of underground and overhead utility lines, utility poles, streetlights, driveway approaches and fire hydrants.

7.3 Phasing: The City of Ukiah when appropriate shall consider a phased approach to vegetation management to reduce potential short-term negative aesthetic and/or wildlife habitat impacts (associated with such actions).

7.4 Wildlife and Habitat: Trees and forested areas are recognized as important habitat for native wildlife and providing vital wildlife corridors. Trees, undeveloped landscapes and creeks will be managed to optimize them for wildlife habitat. Refer to the City of Ukiah Creeks Maintenance Policies and Procedures.

8.0 SUMMARY
These guidelines are set in place to enhance the urban forest within the City of Ukiah. As industry standards change in regard to tree care, this document shall remain flexible to incorporate needed changes.

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9.0 GLOSSARY OF TERMS
For additional definitions, refer to the International Society of Arboriculture Best Management Practices

9.1 Commemorative Program Tree Program provides an opportunity fo the public in celebrating an event of memorializing a loved one by the planting of a young tree or tree while improving the appearance and canopy of City Parks. A tree or grove is purchased from the City of Ukiah to honor or memorialize an individual or group. Such tree(s) are identified and recorded by the City of Ukiah with the name of the species, dedicated individual or group and the name of the donor.

9.2 Developed landscape is property that has been graded and/or planted, and contains plantings that are distinct from typical native forest. These active and/or passive recreational landscape areas are routinely maintained by park staff for public use. Developed landscapes shall include, but are not limited to:
lawns, athletic fields, boulevards, golf courses including pitch and putt, lawn bowling greens, play areas, squares, places, triangles, and swimming beaches.

9.3 Hazardous Tree is a tree that can be predicted to fail and has a high probability of striking people or property causing injury or damage.

9.4 Invasive exotic vegetation consists of species of plants that are not native to our region and exhibit aggressive growth to the exclusion of native or planted landscapes and wildlife.

9.5 Landmark Trees. Education is the primary goal of the landmark tree program.

Landmark trees are individual trees that have been designated as unique because of size, historical/commemorative association, and distinct form, as an outstanding specimen or are important for wildlife habit. Landmark trees are provided extra protection via the Ukiah Municipal Code. These trees will be used as an educational tool highlighting the benefits of maintaining an urban forest.

9.6 Protected Trees – Ukiah Municipal Code $9229.3 identifies trees that are protected within the boundaries of this code. Removal of a protected tree requires approval of a major exception.

9.6 Topping is the removal of the terminal shoot of a tree to a stub or lateral branch that is not sufficiently large enough to assume a terminal role or cannot be expected to achieve wound closure to inhibit decay.

9.7 Tree Failure is the breaking and falling of a tree or any substantial part of a tree. This does not include falling leaves or fruit.

9.8 Tree Root Zone is the area from the trunk to the drip line or the edge of the unpruned canopy around a mature, uninjured tree or the anticipated root zone of a young tree.

9.9 Qualified Arboricultural Professional is a tree care professional with a minimum of two years experience in the evaluation and care of trees in combination with a professional license or certification that measures minimum

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competency in relevant subjects, including protection of public health, safety and welfare. Acceptable titles include Certified Arborist, Registered Consulting Arborist, Registered Professional Forester, and Landscape Architect.

9.9 Undeveloped Landscape is property that contains native or volunteer (selfpropagated) plants and is not intended for recreational use except along designated trails. Undeveloped landscapes are (usually) not as intensively maintained as developed landscapes.

10.0 ADDITIONAL RESOURCES
Additional City and other tree-related documents that incorporate tree guidelines are available electronically through the Intranet. The Department Directors shall provide the The International Society of Arboriculture Best Management Practice booklets, American National Standards Institute related documents, and Mendocino County ReLeaf materials to their employees.

These documents are:
• Municipal Code Chapter 5, Article 2, Number 5420 Street Tree Policy, Purpose and Intent (Ordinance 869, adopted 1987)
• Community Forest Management Plan
• Master Tree List
• Integrated Pest Management Plan, Community Service Department • Creek Maintenance Policies & Procedures
• Ukiah 2040 General Plan; Environment and Sustainability Element (2022) • International Society of Arboriculture Best Management Practices (ISA BMP): Managing Trees During Construction; Tree Pruning; Integrated Pest Management; Tree Support Systems; Utility Pruning of Trees; Tree and Shrub Fertilization; Tree Planting; Tree Inventories; Integrated Vegetation Management
• American National Standards Institute (ANSI): Construction Management Standards • Mendocino County ReLeaf Tree Care Guide
• Hillside Ordinance 9135

11.0 REFERENCES
Urban Forestry; Planning and Managing Urban Greenspaces 3rd Edition Robert W Miller, Richard J Hauer
Les P. Werner ; W Saveland Press Inc, 2015
Oaks in the Urban Landscape; Selection, Care, Preservation Laurence R Costello, Bruce W. Hagen; Katherine S Jones
University of California Natural Resources Publication 3518; 2011 Willits Urban Forest Management Plan
Technical Assessment Prepared by Dudek 38 N Marengo Pasadena, CA 91101 2021
Municipal Code Division 6 Safety; Chapter 5, Article 2, Number 5420-29 Street Tree Policy, Purpose and Intent (Ordinance 869, adopted 1987)

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Municipal Code Division 9 Planning and Development; Chapter 2 Zoning; Article 18 Zoning; #9229Tree Preservation and Planting Requirements. 9229.1 – 9229.12 (Ord. 1139, §2 (Exh. A,

10.070), adopted 2012)

Attacchment 3
Scientific Name Common Name Height Crown
Planting
Area
Minimum
Parkway
Width
CA Native
Local Native
Root Damage
Potential WUCOLS
Sun
Exposure Comments Street* Parks
Parking
Lot ProteDowntown Street Trees** Riparian
Acer circinatum Vine Maple 20 20 no Yes
Acer macrophyllum Big Leaf Maple 50 30 yes Yes Yes1
Acer negundo Box Elder 40 30 yes Yes
Aesculus califirnica California Buckeye 25 25 Yes Yes Yes1 Alnus rhombifoloia White Alder 50 40 yes Yes1
Arbutus Unedo Strawberry Tree 20 20 no yes
Arbutus x ‘Marina’ Hybrid Strawberry Tree 40’ 30’ 2'-5' 6-8’ - Low Low Messy fruit. yes Yes Alternate Arbutus menziesii Madrone 40 30 yes yes
Betula nigra River Birch 50 50 no yes
Cainnamomum canphora Camphor tree 40 45 no Alterrnate
Caocedrus decurrens Incense Cedar 60 20 no Yes
Carpinus betulus 'Fastigiata' European Hornbeam 50 30 no yes Main St 2; Non Primary Catalpa speciosa Northen Catalpa 90 50 no yes
Cedrus atlantica Blue Atlas Cedar 60 40 no yes
Cedrus deodora Deodar Cedar 90 50 no yes
cedrus libani Cedar of Lebanon 90 50 no yes
Celtis australis European Hackberry 70' 40-50' >10' Moderate Low FS-FS yes Celtis occidentalis Common Hackberry 40-65' 30-40' >10' - Moderate Low (2-Mod) FS-FS LC recommends this species. yes yes Alternate Celtis sinensis Chinese Hackberry 65' >10' Moderate Low FS-FS Willits list Aphid problem yes Cercidium x 'Desert museum' Desert museum Palo Verde 20' 20-25' 2'-5' CA (Southern) Low Very low (2) FS From N CA Climate-Ready Tree List yes Cercis canadensis Eastern Redbud 20-30’ 20-30’ 5'-10' - Low Moderate PS to FS Shrub? DAV- 'Oklahoma' yes Cercis occidentalis Western Redbud 20’ 10-20’ 2'-5' 3-4’ CA, L Low Very low PS to FS Shrub? yes Cercis reniformis 'Oklahoma' Redbud 'Oklahoma' 20 20 no Perkins 2; Non Primary Chilopsis linearis Desert willow 15-25' 15-25' 2'-5' CA Low Very low PS to FS Bubba' recommended Sac, Climate-ready yes Chitalpa tashkentensis 25 25 no yes
Cinnamomum camphora Cinnamon Camphor 60 45 no yes
Cladrasits kentukea American Yellow Wood 35 30 no yes
Cornus x 'Eddies White Wonder' 30 25 no yes
Crataegus douglasi Douglas Hawthorne 20 20 no Yes
Crataegus phaenopyrum Washington Hawthorne 25 20 no Perkins 3; Non Primary Fagus sylvatica European Beech 80 50 no yes
Fraxinus americana American Ash 60 40 yes
Fraxinus latifolia oregona Oregon Ash yes
Fraxinus pennsylvanica Green Ash 60 45 yes yes Yes
Ginkgo biloba Maidenhair tree 65? 25? >10' 6-8’ - Moderate Moderate PS to FS Choose male cultivars: Saratoga, Princeton
Sentry, Fairmont, Autumn Gold yes Primary
Gymnociadus dioicus Kentucky Coffee Tree 100' 40-50' >10' Moderate Moderate FS yes yes Heteromeles arbutifolia Toyon 25? 8-15’ 5'-10' 3-4’ CA, L Low Low PS to FS Shrub? yes Julgans californica hisdsii Black Walnut 60 40 yes Yes1 Koelreuteria bipinnata Chinese flame 20-40’ 20-40’ 5'-10' 6-8’ - Low Moderate PS to FS yes Koelreuteria paniculata Goldenrain 20-40’ 20-40’ 5'-10' 4-6’ - Low Moderate PS to FS yes Lagerstroemia indica x faurieri Crepe myrtle hybrids 25’ 25’ 5'-10' 3-4’ - Low Low FS X faurieri hybrids resistant to powdery
mildew yes
Laurus nobilis Sweetbay 15-40’ 15-30’ 5'-10' 3-4’ - Moderate Low PS to FS Best in more sheltered locations, White
flies. yes yes State St 2; Non Primary
Liquidamber styraciflua Sweet Gum 70 50 no yes
Liriodendron tulipfera Tulip Tree 70 50 yes
Magnolia grandiflora 'Little Gem' Dwarf Southern Magnolia 25 15 No yes Perkins 1; Non Primary Magnolia x soulangiana SaucerMagnolia 20 20 No yes
Maytenus boaria Mayten Tree 35 30 No yes
Metasequoia glyptosrtroides Dawn Redwood 90 40 no yes
Morus Alba 'Kingan' or Fan San' Mulberry 30 45 no Primary Olea europaea ‘Swan Hill’ Fruitless olive 20-40’ 20’ 5'-10' 4-6’ - Moderate Very low PS to FS Fruitless, needs pruning to control width. yes Main St 2; Non Primary Olea europaea ‘Wilsonii’ Wilson's olive 15-25' 15-20' - Very low FS Fruitless, needs pruning to control width. yes Pinus canariensis Canary pine 80' 20-25' >10' Moderate Low PS to FS Columnar, not much shade, cones yes Pistacia chinensis Chinese pistache 35’ 25-35’ 5'-10' 6-8’ - Low Low PS to FS Keith Davey', 'Red Push' or 'Pearl Street'
male clones. yes Main St 1; School St 1; Non Primary
Platanus x acerifolia 'Columbia' London plane tree 80’ 30'-40' 5'-10' 8’+ - Moderate Moderate PS to FS LC recommends 'Columbia' Choose
mildew and anthracnose resistant
varieties yes Primary State St 1; Perkins 2; Non Primary Populus fremonti Fremont Poplar 60 50 yes Yes
Prunus illicifolia Holly Leaf Cherry 30' 10'-25' 5'-10' CA Low Low PS to FS Slow growing, large shrub? Wet fruit. yes Prunus sp. Crimson Pointe or Krauter
Vesuvious Flowering Plum 25' 15' 5'-10' Low Moderate PS to FS Little or no fruit. Cal-IPC classifies as
limited invasiveness. yes
Pyrus calleryana 'varieties' Flowering Pear 50' 50' >10' Moderate Moderate FS Fireblight, need proper pruning when youn yes State St 2; Non Primary Quercus acutissima Sawtooth Oak 65' 30'-50' >10' Moderate Moderate FS yes Quercus agrifolia Coastal live oak 70' 20'-70' >10' CA, L Low PS to FS yes Yes Quercus buckleyi Texas red oak 50' 30'-50' >10' Low Low FS yes Quercus chrysolepsis Canyon live oak 70' 30' >10' CA, L Moderate Low PS to FS yes Quercus coccinea Scarlet Oak 70' 50' >10' Moderate Moderate PS to FS Needs deep soils yes

Quercus douglasii Blue oak 65’ 40-50’ >10' 6-8’ CA, L Low Very low PS to FS Very slow growing yes yes Quercus frainetto 'Forest Green' Italian oak 50' 30' >10' - Moderate Moderate PS to FS Cultivar 'Forest Green' is upright. Sac -
'Schmidt' yes
Quercus garrayana Oregon oak 90' * 30'-60' >10' CA, L Low Low PS to FS yes Yes Quercus ilex Holly Oak 60' 30'-60' >10' Low Low PS to FS Holly Oak aphid yes Main St 1; Perkins 1; Non Primary Quercus kelloggii Black oak 70’ ? 30-50’ >10' 8’+ CA, L Moderate Low PS to FS yes yes Perkins 1; Non Primary Quercus lobata Valley oak 70’ 50’ >10' 8’+ CA, L Moderate Low PS to FS yes Yes Main St 1 Yes1 Quercus parvula var. shreveii Shreve oak 50' 20'-40' >10' CA, L Moderate* PS to FS yes Quercus rober x Q.alba 'JFS-KW1QZ' Streetspire Oak yes
Quercus robur English oak 120' 30'-80' >10' Moderate Moderate PS to FS yes Quercus robur 'Fastigiata' Skyrocket English Oak 50' 15' >10' Moderate Moderate FS yes Main St 2; Non Primary Quercus rubra Red oak 80' 50'-70' >10' Moderate Moderate PS to FS yes Primary Main St 1; Non Primary Quercus shumardii Shumard oak 70' 40' >10' Moderate Moderate PS to FS yes Quercus suber Cork oak 70’ 70’ >10' - Moderate Low PS to FS yes Yes Quercus wislizeni Interior live oak 70’ 40-80’ >10' 6-8’ CA, L Moderate Very low PS to FS yes Primary Yes State St 1; Non Primary Quercus x morehus Oracle Oak Yes
Salix exigua Sandbar Willow 25 20 yes Yes
Salix laevigata Red Willow 30 25 yes Yes1
Salix lasiolepis Arroyo Willow 30 30 yes Yes1
Sophora japonica Japanese pagoda tree 40 40 no
Styphnolobium japonica Japanese pagoda tree 70’ 40-70’ >10' 6-8’ - Low Low PS to FS yes Alternate Tilia americana 'Lincoln' or 'Redmond' American Linden 70' 30'-45' >10' Low Moderate PS to FS yes Tilia cordata 'Corzam' Corinthian Linden 45' 15' Moderate DAV - No cultivar specified yes Tilia cordata 'Summer Sprite'
'Greenspire' Littleleaf Linden 60' 35'-50' >10' Moderate Moderate PS to FS DAV - No cultivar specified yes Alternate Ulmus japonica x wilsoniana Accolade Elm 70' 60' Resistant to DED yes Ulmus parvifolia 'Dynsty' Chinese Elm 40 40 no Primary
Ulmus parvifolia 'Emer I' Athena Athena Classic Elm Low DAV - Frequent pruning. Resistant to DED yes Ulmus parvifolia 'Emer II' Allee Allee Elm 60' 45' Low DAV - Frequent pruning. Resistant to DED yes Ulmus 'Patriot' hybrid elm Patriot Elm 43' 25' Resistant to DED yes Ulmus propinqua 'Emerald Sunshine' Emerald Sunshine Elm 35' 15'-25' 5'-10' Low PS to FS Medium weak branches.Resistant to DED yes Umbellaria californica California Bay 50 30 Yes Yes Yes1 X Chitalpa tashkentensis 'Morning Cloud' Chitalpa 35’ 30’ 5'-10' 4-6’ - Low Low PS to FS Branch strength Medium Weak, Need
mildew resistant cultivars. What is
growing near Gobbi yes
Zelkova serrata Sawleaf zelkova 50-65’ 50-65’ >10' 6-8’ - Moderate Moderate PS to FS LC - not musashino due to narrow branch
angles. Sac - Green Vase or Village Green yes Alternate * Not all "Street" trees are allowed on all streets. Additional restrictions are placed on downtown trees. See Downtown Zoning Code UMC Div. 9 Cha.2, Art 18 ** These trees are either on the Protected Tree List or the Landmark Tree List. Specific protections are listed in Ukiah Municapal Code but inlcude all trees in Riparian zones, Street Trees, and Landmark Trees UMC Div. 9 Cha.2, Art 18 *** Downtown Primary streets Inlcude Main St, Perkins, School and State St. Prime 1 denotes Primary trees, Prime 2 denotes Alternate options Riparian List; Yes1 are trees approved for "Downtown Riparian Zones Updated 2023

COMMON NAME

SCIENTIFIC NAME
Valley Oak
Quercus lobata
Coast Redwood
Sequoia sempervirens
Coast Redwood
Sequoia sempervirens
Lebanon Cedar
Cedrus libani
Dawn Redwood
Metasequoia glyptosroboides
Cork Oak
Quercus suber
Coast Redwood
Sequoia sempervirens
Coast Redwood
Sequoia sempervirens
Coast Redwood
Sequoia sempervirens
Coast Redwood
Sequoia sempervirens
Valley Oak
Quercus lobata
Valley Oak
Quercus lobata
Table 20: Landmark Trees on Private Property (1)

LOCATION NUMBER
OF TREES

MODIFICATION

TO STANDARD
(2)
225 East Perkins Street 6 Major
Exception
410 East Perkins Street 4 Major
Exception
Perkins Street at Pear Tree Center 11 Major
Exception
Perkins Street at Pear Tree Center 2 Major
Exception
North School Street at West Standley 2 Major
Exception
107 Oak Street at the Saturday
Afternoon Club 1 Major
Exception
107 Oak Street at the Saturday
Afternoon Club 2 Major
Exception
108 Oak Street 1 Major
Exception
265 Clay Street 2 Major
Exception
220 Mason Street 1 Major
Exception
320 Main Street 1 Major
Exception
324 Main Street 2 Major
Exception

Coast Redwood
Sequoia sempervirens
Coast Redwood
Sequoia sempervirens
Canyon Live Oak
Quercus chrysolepis
Valley Oak
Quercus lobata
Interior Live Oak
Quercus wislizanli
Coast Redwood
Sequoia sempervirens
Oak
Quercus
Southern Magnolia
Magnolia grandiflora
Tulip Magnolia
Magnolia soulangiana
Dawn Redwood
Metasequoia glyptosroboides
Willows (numerous varieties Salix ),
cottonwoods, black walnut, live oak,
valley oak
Gibson Creek corridor from Perkins
Street to Leslie Street
– Major
Exception
216 West Henry Street at Foundation
for Medical Care
6 Major
Exception
400 Block North School Street – east
side in parking lot
1 Major
Exception
400 Block North School Street – east
side in parking lot
1 Major
Exception
400 Block North School Street – east
side in parking lot
2 Major
Exception
400 Block North School Street – east
side in parking lot
2 Major
Exception
100 Block of Norton Street1 Major
Exception
North State Street in front of the
courthouse
1 Major
Exception
North State Street in front of the
courthouse
2 Major
Exception
North State Street southeast corner in
front of the courthouse
2 Major
Exception
Corner of Standley and School Streets
in front of the courthouse
2 Major
Exception

1 ATTACHMENT4
RESOLUTION 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH UPDATING

THE TREE MANAGEMENT GUIDELINES
WHEREAS, the periodic review of City policies provides an opportunity for improvement through the addition of new information and best practices as well as the deletion of ineffective elements of current policies; and
WHEREAS, since adoption of the 2014 Tree Management Guidelines, the growing threat of climate change and advances in Urban Forest management best practices suggest a potential need for an update to the policies, procedures, and practices involving Ukiah Urban Forest protection and management; and
WHEREAS, Ukiah Municipal Code requires staff to maintain a Master Tree List.; and WHEREAS, the City of Ukiah Climate Action Initiative identifies the need to Implement nature-based climate solutions, Continue to develop the City of Ukiah’s Tree Management Guidelines, Enhance carbon sequestration capacity, and make efforts to convert from gas powered to battery powered equipment when possible; and WHEREAS, the Environment and Sustainability Element of the recently adopted 2040 General Plan identifies the need to protect the urban forest; and WHEREAS, Staff have convened a panel of experts to review and make recommendations on the Master Tree List; and
WHEREAS, Staff have consulted internally and externally on possible changes to the Tree Management Guidelines; and
WHEREAS, Staff have presented a draft update to the current guidelines to the Public Spaces Commission and incorporated their comments and recommendations; NOW, THEREFORE BE IT RESOLVED, the City of Ukiah adopts the attached 2023 Tree Management Guidelines.

PASSED AND ADOPTED this 1
9h day of April, 2023, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mari Rodin, Mayor

2 ATTEST:

Kristine Lawler, City Clerk

Agenda Item No: 13.e.

MEETING DATE/TIME: 4/19/2023
ITEM NO: 2023-2590

AGENDA SUMMARY REPORT
SUBJECT: Receive Annual Report for Ordinance Restricting the Retail Sale of Nitrous Oxide and Provide Additional Direction as Necessary.

DEPARTMENT: Community
Development PREPARED BY: Matt Keizer, Building Official PRESENTER: Matt Keizer, Chief Building Official
ATTACHMENTS:

1. Ordinance No. 1220 - Restricting Retail Sales of Nitrous Oxide Summary: The City Council will receive a report on the enforcement activities of the ordinance restricting the retail sale of nitrous oxide canisters in the City and provide additional direction to Staff as necessary.

Background: At the September 1, 2021, regular meeting, Council heard a presentation from the Ukiah Valley Youth Leadership Coalition, a program of the Redwood Community Services’ Arbor program, on the health and safety hazards posed by recreational use of nitrous oxide, and in particular the hazards posed to youth by nitrous oxide use. The Coalition proposed that Council consider banning retail sales of nitrous oxide canisters in the city limits.Council instructed Staff to consider the proposed ban and to report back on the possible legal ramifications of adopting an ordinance that would prohibit retail sales of nitrous oxide canisters in the city limits.

At the October 20, 2021, regular meeting, Council directed the City Attorney's Office to draft an ordinance that prohibits retail sales of nitrous oxide canisters at businesses operating under a tobacco retailer's license. The Council also stated that the enforcement mechanism in the ordinance should be civil/administrative, with one of the enforcement methods being suspension of a non-compliant business's tobacco retailer's license. The City Attorney's Office has now drafted an ordinance that reflects Council's direction.

At the February 2, 2022 regular meeting, the Council voted unanimously to introduce by title only the Ordinance Restricting the Retail Sale of Nitrous Oxide.

At the February 16, 2022 regular meeting, the Council voted unanimously to adopt Ordinance No. 1220 (Attachment 1) adding article 7.1 to Division 2, chapter 2 of the city code to restrict the retail sales of nitrous oxide.

Discussion: The Nitrous Oxide Ordinance enforcement authority described above has been assigned to the Community Development Department, Code Compliance Division. The Code Compliance Division has done multiple site visits at all tobacco retailer sales venues within the city and has found no retailers to be out of compliance with the ordinance at this time. The most recent round of inspections was completed less than 30 days ago. Any retailers that were at one time out of compliance voluntarily came into compliance after the site visit, and when education was provided by the code enforcement officer. To date, Staff has issued no fines, suspensions, or revocations of tobacco licenses. Staff has found that education to retailers has been the most effective method of securing compliance.

Staff recommends Council receive this annual report and provide additional direction as necessary.

Recommended Action: Receive report.

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: City Manager's Office
DIVERSITY-EQUITY INITIATIVES (DEI):N/A
CLIMATE INITIATIVES (CI):N/A
GENERAL PLAN ELEMENTS (GP): N/A

ORDINANCE NO. 1220
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING ARTICLE 7. 1 TO DIVISION 2, CHAPTER 2 OF THE CITY CODE TO RESTRICT RETAIL SALES OF NITROUS OXIDE.

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

SECTION ONE. FINDINGS

1. The misuse of nitrous oxide causes death and disease and continues to be an urgent public health challenge.

2. Medical authorities have linked the recreational use of nitrous oxide to serious health problems, which can cause physical illness, mental illness, injury, and/ or even death.

3. Restricting the sales and distribution of nitrous oxide in the City of Ukiah will reduce the number of persons in possession and who use nitrous oxide as an intoxicating drug and will promote public health, safety and welfare.

4. The recreational use of nitrous oxide continues to gain popularity at an alarming rate, especially among college aged, high school aged, and middle school aged children.

5. Nitrous oxide has legitimate purposes, including its use for medical and dental procedures, in cooking and cake decorating, and is commonly known to boost performance in automobiles.

However, nitrous oxide has found its way to illegitimate purposes as an intoxicating drug.

6. The City of Ukiah exercises its local police powers to protect the health, safety, and welfare of all its citizens and takes nitrous oxide abuse seriously.

SECTION TWO.

Article 7. 1 is hereby added to Division 2, Chapter 2, Article 11 of the Ukiah City Code and shall read as follows:

ARTICLE 7. 1. NITROUS OXIDE
2370 DEFINITIONS
The following words and phrases, whenever used in this article, shall have the meanings provided in this section unless the context clearly requires otherwise:

DEVICE: Any cartridge, compressed gas cylinder, apparatus, container, or other object used to contain or dispense or administer nitrous oxide.

NITROUS OXIDE: A colorless, nonflammable gas ( N20) sometimes used in aerosols and sometimes used as an anesthetic, which, when inhaled, produces loss of sensibility to pain, oftentimes preceded by exhilaration and laughter and used often as an anesthetic in dentistry. Nitrous oxide is also known as "laughing gas."
1 Attachment 1

PERSON: Any individual or entity howsoever organized or constituted.

TOBACCO RETAILER: Any person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco or tobacco products. " Tobacco retailing" shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco or tobacco products sold, offered for sale, exchanged, or offered for exchange.
12371 SALE OR DISTRIBUTION OF NITROUS OXIDE
It shall be unlawful for any tobacco retailer in the City to attempt to sell, offer, distribute, or otherwise provide to any person Nitrous Oxide or a Device.
2372„EXCEPTIONS
Prohibitions in this chapter shall not apply to any person or retailer that possesses or distributes Nitrous Oxide under an express exemption pursuant to Penal Code § 381 b-e. 2373„ ENFORCEMENT
Any violation of this Article may be subject to a civil penalty of one thousand dollars. Notice of the violation and fine will be given in accordance with Section 2358.A of this Code. Any person wishing to appeal the imposition of the civil penalty may file a request for a hearing pursuant to Section 2360 of this Code. If no request for a hearing is timely received, the determination of the City Manager or the duly authorized designee of the City Manager on the violation and the imposition of a fine shall be final and payment shall be made within thirty (30) days after notice of the fine was served.

In addition to any other penalty authorized by law, a tobacco retailer' s license issued pursuant to Article 7 of this Chapter may be suspended or revoked if the City Manager or the duly authorized designee of the City Manager determines that the person or his or her agents or employees have violated this Article. In the event that a tobacco retailer' s license is suspended or revoked for violation of this Article, the requirements of Section 2358. A and Section 2360 of this Code shall apply.

SECTION THREE.

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

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

Introduced by title only on February 2, 2022, by the following roll call vote:

AYES: Councilmembers Orozco, Crane, Rodin, Duenas, and Mayor Brown NOES: None
ABSENT: None
ABSTAIN: None
2

Adopted on February 16, 2022, by the following roll call vote:

AYES: Councilmembers Orozco, Crane, Rodin, Duehas, and Mayor Brown NOES: None
ABSENT: None
ABSTAIN: None
Jim Brown, Mayor
EST:

Kristine Lawler, City Clerk
3

Agenda Item No: 14.a.

MEETING DATE/TIME: 4/19/2023
ITEM NO: 2023-2565

AGENDA SUMMARY REPORT
SUBJECT: Possible Introduction by Title Only of Ordinance Prohibiting Retail Sales of Flavored Tobacco Products Including Several Clean Up Provisions to Bring the City's Anti-Smoking Regulations into Compliance with Current State Law .

DEPARTMENT: City Attorney PREPARED BY: Darcy Vaughn, Assistant City Attorney PRESENTER: Darcy Vaughn, Assistant City Attorney and Matt Keizer, Chief Code Enforcement Officer
ATTACHMENTS:

1. Flavored Tobacco Ban Redline

2. Flavored Tobacco Ban Clean
Summary: Council will consider introducing by title only the Ordinance Prohibiting Retail Sales of Flavored Tobacco Products.

Background: On November 8, 2022, California voters passed Proposition 31, which upheld a statewide ban on most flavored tobacco products. SB 793, codified at Health and Safety Code Section 104559.5, prohibits the sale of flavored tobacco products by tobacco retailers statewide, including any tobacco product that has a characterizing flavor, which is defined to cover any distinguishable taste or aroma other than that of tobacco, explicitly listing mint and menthol flavors as examples. More specifically, Section 104559.5 sets a statewide floor prohibiting certain flavored tobacco product sales by anyone selling tobacco products from a retail location or vending machine in the state of California. It covers a broad range of flavored tobacco products, including menthol cigarettes, chewing tobacco, snuff, little cigars, e-cigarettes, and roll-your-own tobacco, but exempts certain products such as shisha, loose leaf tobacco, and premium cigars.

Section 104559.5 does not preempt local ordinances that are more restrictive than State law in prohibiting the sale of flavored tobacco products. The proposed Ordinance Prohibiting Retail Sales of Flavored Tobacco Products ("Ordinance") explicitly adopts the State's prohibition on the sale of flavored tobacco products, and goes further by prohibiting the categories of flavored tobacco products that are exempted from Section 104559.5: flavored hookah or shisha tobacco, flavored loose leaf pipe tobacco, and flavored premium cigars.

The Ordinance is attached here in redline markup as Attachment 1, and a clean version as Attachment 2.

Discussion: The Ordinance amends various sections of the City Code to reflect the State's flavored tobacco product sales ban, to prohibit sales of additional categories of flavored tobacco products not covered by the State law, and to allow for enforcement of the flavored tobacco product sales ban and for appeal of enforcement decisions. The Ordinance establishes a definition for Characterizing Flavor, the distinguishing factor for identifying flavored tobacco products, that will allow the City's Code Enforcement staff to determine whether a retailer is selling a prohibited flavored tobacco product. A Characterizing Flavor is defined as distinguishable taste or smell, or both, other than the taste or smell of tobacco that is distinguishable by an ordinary consumer, imparted by a tobacco product or any byproduct produced by the tobacco product. The definition further states that the determining factor is not the presence of an additive or flavoring, but rather the presence of a distinguishable taste or smell, or both, that is distinguishable by an ordinary consumer. The Ordinance revises the definition of Tobacco Product to include additional categories of tobacco product, such as loose leaf tobacco and shisha, as well as Electronic Nicotine Device Systems, or ENDS. In addition, the Ordinance defines and prohibits retail sale of Tobacco Product Flavor Enhancers, which are products designed, manufactured, produced, marketed, or sold to produce a Characterizing Flavor when added to a

Tobacco Product.

The Ordinance allows Code Enforcement staff to conduct compliance check inspections of Tobacco Retailers and requires that such inspections take place at least once annually. In addition, the Ordinance explicitly states that fees related to Tobacco Retailer licenses, including fees related to inspections, will be based on cost recovery. Should Code Enforcement Staff take enforcement action against a Tobacco Retailer for violations of the Ordinance, the Ordinance establishes a process by which the Retailer can request a hearing before the Hearing Officer to appeal Code Enforcement's decision.

The Ordinance also includes several clean up provisions to bring the City's anti-smoking regulations into compliance with current State law. For example, State law now prohibits the sale of tobacco products to minors under the age of twenty-one (21); the Ordinance updates the City Code accordingly. In addition, the Ordinance removes bars from the list of areas where smoking is not regulated and adds bars to the list of enclosed spaces and places of employment where smoking is prohibited. Finally, the Ordinance adds waiting rooms, hallways, wards and rooms of health facilities to the list of enclosed spaces and places of employment where smoking is prohibited.

Recommended Action: Introduce by Title Only of Ordinance Prohibiting Retail Sales of Flavored Tobacco Products (including several clean up provisions to bring the City's anti-smoking regulations into compliance with current State law)
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Code Enforcement
DIVERSITY-EQUITY INITIATIVES (DEI):N/A
CLIMATE INITIATIVES (CI):N/A
GENERAL PLAN ELEMENTS (GP): N/A

1 ORDINANCE NO.

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING

VARIOUS SECTIONS OF THE UKIAH CITY CODE RELATING TO TOBACCO RETAILERS AND TOBACCO SMOKING.

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

SECTION 1 FINDINGS

1. Four out of five children who use tobacco started with a flavored tobacco product.

2. According to a Report of the Surgeon General, internal tobacco industry documents show that the industry uses flavors to reduce the harshness of their products to make them more appealing to new users, almost all of whom are under the age of 18.

3. The results of a California Statewide survey among students in 2018 by the Center for Research and Intervention in Tobacco Control indicate that flavored electronic smoking products are mainly responsible for a rapid increase in youth and young adult tobacco use.

4. According to a fact sheet on Menthol and Cigarettes published by the California Department of Public Health, menthol flavorings are more popular with young smokers based on a national study finding that 54.5% of high school and 48.4% of middle school users of tobacco products smoke menthol cigarettes (as compared to 30-35% of adults).

5. Within a statewide survey of high school students in 2017-2018, the Northern Region of California, which includes the City of Ukiah, has among the highest prevalence of tobacco use.

6. The results of the California Healthy Kids Survey for 2017-2019, indicate that in the City of Ukiah, 29% of seventh graders, 33% of ninth graders and 36% of eleventh graders had tried vaping.

7. California Health and Safety Code § 104559.5 sets a statewide floor prohibiting certain flavored tobacco product sales by anyone selling tobacco products from a retail location or vending machine in the state of California. It covers a broad range of flavored tobacco products, including menthol cigarettes, chewing tobacco, snuff, little cigars, e-cigarettes, and roll-your-own tobacco, but exempts certain products such as shisha, loose leaf tobacco, and premium cigars.

8. California Health and Safety Code § 104559.5 does not preempt local action that goes further in prohibiting the sale of tobacco products.

Attachment 1

2 9. It is the intent of the City Council of the City of Ukiah, in enacting this ordinance, to join numerous other California jurisdictions, which have adopted comprehensive flavored tobacco bans.

SECTION 2
Article 7 of Division 2, Chapter 2 of the Ukiah City Code is hereby amended to read as follows:

ARTICLE 7. TOBACCO RETAILERS
§2350 DEFINITIONS
The following words and phrases, whenever used in this article, shall have the meanings provided in this section unless the context clearly requires otherwise:

APPELLANT: A person who appeals a department decision to the grievance committeeHearing Officer.

CHARATERIZING FLAVOR: A distinguishable taste or smell, or both, other than the taste or smell of tobacco that is distinguishable by an ordinary consumer, imparted by a tobacco product or any byproduct produced by the tobacco product. Characterizing flavors include, but are not limited to, tastes or aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice. A tobacco product shall not be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information. Rather, it is the presence of a distinguishable taste or smell, or both, as described in the first sentence of this definition, and that is distinguishable by an ordinary consumer, that constitutes a characterizing flavor.

DEPARTMENT: The city manager and/or the duly authorized designee of the city manager.

ELECTRONIC NICOTINE DELIVERY SYSTEMS (ENDS): An electronic device that can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such a device, whether or not sold separately and includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor FLAVORED TOBACCO PRODUCT: Any tobacco product that contains a constituent that imparts a Characterizing Flavor.

GRIEVANCE COMMITTEE: A committee of two (2) persons, one city council member, selected by the city council, and one city employee selected by the city

3 manager. No member of the committee shall have participated in a decision appealed to the committee.

PERSON: Any natural person, firm, partnership, trust, estate, association, corporation, or organization of any kind. Where a principal acts through an agent, the word "person" shall include both such principal and agent.

SALE: Any transfer of title or possession for a consideration, exchange or barter, in any manner or by any means whatever.

TOBACCO PRODUCT:

A. A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, loose leaf tobacco, hookah tobacco, shisha, or snuff;
B. Any Electronic Nicotine Device System (ENDS) that can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such a device, whether or not sold separately. Including any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor; and
C. Any component, part, or accessory of a tobacco product, whether or not sold separately.

D. “Tobacco product” does not include a product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for such an approved purpose.Any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco.

TOBACCO PRODUCT FLAVOR ENHANCER: A product designed,
manufactured, produced, marketed, or sold to produce a Characterizing Flavor when added to a Tobacco Product.

TOBACCO RETAILER: Any person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco or tobacco products. "Tobacco retailing" shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco or tobacco products sold, offered for sale, exchanged, or offered for exchange.
§2351 LICENSE REQUIREMENTS

4 A. It shall be unlawful for any person to act as a tobacco retailer without first obtaining and maintaining a valid tobacco retailer’s license pursuant to this article for each location at which that activity is to occur. No license may issue to authorize tobacco retailing at other than a fixed location. For example, tobacco retailing by persons on foot and tobacco retailing from vehicles are prohibited.

B. The term of a license is one year from January 1 through December 31 unless earlier suspended, terminated or revoked pursuant to section 2358 of this article.

Each tobacco retailer shall apply for the renewal of his or her tobacco retailer’s license no later than thirty (30) days prior to its expiration.

C. Nothing in this article shall be construed to grant any person obtaining and maintaining a tobacco retailer’s license any status or right other than the right to act as a tobacco retailer at the location in the city of Ukiah identified on the face of the license.

For example, nothing in this article shall be construed to render inapplicable, supersede, or apply in lieu of any other provision of applicable law, including, without limitation, any condition or limitation on smoking in enclosed places of employment made applicable to business establishments by Labor Code section 6404.5.
§2352 APPLICATION PROCEDURE
Application for a tobacco retailer’s license shall be submitted in the name of each person proposing to conduct retail tobacco sales and shall be signed by each person or an authorized agent thereof. It is the responsibility of each person to be informed of the laws affecting the issuance of a tobacco retailer’s license. A license that is issued in error or on the basis of false or misleading information supplied by a person may be revoked pursuant to section 2358 of this article. All applications shall be submitted on a form supplied by the department and shall contain the following information:

A. The name, address, and telephone number of each person.

B. The business name, address, and telephone number of each location for which a tobacco retailer’s license is sought.

C. The name and mailing address authorized by each person to receive all license related communications and notices (the "authorized address"). If an authorized address is not supplied, each person shall be understood to consent to the provision of notice at the business address specified pursuant to subsection B of this section.

D. Whether or not any person has previously been issued a license pursuant to this article that is, or was at any time, suspended or revoked and, if so, the dates of the suspension period or the date of revocation.

E. Such other information as the department deems necessary for the administration or enforcement of this article.

5 §2353 ISSUANCE OF LICENSE
Upon the receipt of an application for a tobacco retailer’s license and the license fee, the department shall issue a license, unless:

A. The application is incomplete or inaccurate; or
B. The application seeks authorization for tobacco retailing by a person for which or whom a suspension is in effect pursuant to section 2358 of this article, or by a person which or who has had a license revoked pursuant to section 2358 of this article. §2354 DISPLAY OF LICENSE
Each license shall be prominently displayed in a publicly visible location at the licensed premises.
§2355 LICENSE FEE
The fee to issue or to renew a tobacco retailer’s license shall be established by resolution of city the City councilCouncil from time to time. The fee shall be calculated so as to recover the cost of administration and enforcement of this Article, including, for example, issuing a license, administering the license program, retailer education, retailer inspection and compliance checks, documentation of violations, and enforcement, but shall not exceed the cost of the regulatory program authorized by this Article. Annual fees shall not be pro-rated or refunded during the course of the year.

The City may charge a re-inspection fee to offset the additional staff time required to handle non-compliant businesses. Additional inspections thereafter will be billed based on actual costs incurred.
§2356 LICENSES NOT TRANSFERABLE
A tobacco retailer’s license is not transferable. If the information required in the license application pursuant to subsection 2352A, B or C of this article changes, the tobacco retailer must notify the department within fourteen (14) days, and update all information on the license application form in order to continue to act as a tobacco retailer. For example, if a tobacco retailer to whom a license has been issued changes business location, that tobacco retailer must supply updated license information within fourteen (14) days of acting as a tobacco retailer at the new location. If a business is sold, the new owner must apply for a license for that location before acting as a tobacco retailer. The current licensee shall notify the department of the sale of the tobacco retailing business.
§2357 LICENSE VIOLATION

6 A. Violation Of Tobacco Related Laws: It shall be a violation of a tobacco retailer’s license for a person or his or her agent or employee to violate any local, state, or federal tobacco related law.

B. It is a violation a tobacco retailer’s license for a person or his or her agent or employee to sell or offer for sale any Flavored Tobacco Product or Tobacco Product Flavor Enhancer. There is a rebuttable presumption that a tobacco product is a Flavored Tobacco Product if a manufacturer or its agents or employees has made a public statement or claim that the tobacco product has or produces a Characterizing Flavor, including, but not limited to, text, color, or images on the product’s labeling or packaging that are used to expressly or impliedly communicate that a tobacco product has a Characterizing Flavor.

BC. License Compliance Monitoring: The Department, Code Enforcement Officer, or other person designated to enforce the provisions of this Article shall have the power and authority to enter any tobacco retailer during regular business hours to inspect the premises and determine compliance with the provisions of this Article. The city of Ukiah anticipates that compliance checks of each tobacco retailer will be conducted at least two (2) times during each twelve (12) month period by the Mendocino County public health department. City’s Code Enforcement Officer shall conduct onsite compliance checks at least once annually. The city City shall not enforce any tobacco related minimum age law against a person who otherwise would be in violation of such law because of the person’s age (hereinafter "youth decoy") if the violation occurs when:

1. The youth decoy is participating in a compliance check supervised by a law enforcement official, a code enforcement official, or any peace officer; or

2. The youth decoy is participating in a compliance check funded or supervised in part by the county of Mendocino or, funded or supervised in any part by the California department of health services.
§2358 SUSPENSION, TERMINATION OR REVOCATION OF LICENSE
A. Violation: In addition to any other penalty authorized by law, such as possible imposition of administrative fines pursuant to section 2359 of this Article, a tobacco retailer’s license may be suspended or revoked if the department determines that the person or his or her agents or employees have violated the requirements of this article or other conditions of the license imposed pursuant to section 2357 of this article.

A person who loses his license for one location does not lose it for all locations, if those locations are in compliance with this article, and may renew licenses for other conforming locations. A person cannot obtain a new license for a new location so long as there is a suspension in effect for any location.

1. Notice Required: The licensee shall be served with written notice of all determinations or decisions under this section affecting his or her license. Notice shall

7 be served by personal service, overnight courier, certified mail, return receipt requested, or U.S. mail with first class postage affixed. The notice shall be sent to the authorized address. All notices shall be deemed served, when received, except for notices sent by first class mail which shall be deemed served two (2) days after deposit in the U.S. mail if addressed to a location within Mendocino County and five (5) days if addressed to a location outside Mendocino County. The notice shall describe the legal and factual basis for the decision. A decision imposing a fine shall specify the amount of the fine. A decision to suspend or revoke a license shall specify the beginning and ending dates of the suspension or the effective date of the revocation. No decision shall become effective in less than ten (10) days from the date of service.

2. Duration Of Suspensions:
a. Upon a finding by the department of a first license violation within any thirty six (36) month period, the license shall be suspended for fourteen (14) days. However, prior to imposing the suspension, the department shall by letter (an "advice letter") advise the person that if person trains all sales employees at the location of the sale in the laws pertaining to the sale of tobacco products to minors and/or to the sale of flavored tobacco products or tobacco product flavor enhancers and techniques to ensure future compliance with said laws, the suspension will not go into effect. Within thirty (30) days of the issuance of the advice letter, the person must file with the department an affidavit signed by the person and the sales employees that said training has been completed. If the person fails to timely submit the affidavit, the department shall notify the person that the permit is suspended for fourteen (14) days. b. Upon a finding by the department of a second license violation within any thirty six (36) month period, the license shall be suspended for twenty one (21) days. c. Upon a finding by the department of a third license violation within any thirty six month (36) period, the license shall be suspended for thirty (30) days. d. Upon a finding by the department of a fourth license violation within any thirty six (36) month period, the license shall be revoked and the person or persons who had been issued the license shall not be issued a tobacco retailer’s license pursuant to this article for a period of three (3) years from the date of revocation.

B. Failure To Pay Renewal Fees: A tobacco retailer’s license which is not timely renewed pursuant to subsection 2352B of this article is an expired license. The tobacco retailer shall not engage in tobacco retailing at the licensed location until a new license has been issued for that location.

C. License Issued In Error: A tobacco retailer’s license shall be revoked if the department determines that one or more of the bases for denial of a license under section 2353 of this article existed at the time application was made or at any time before the license issued. The revocation shall be without prejudice to the filing of a new application for a license.

8 D. Removal Of All Tobacco Products From Public View: A tobacco retailer whose license is suspended must remove from public view all tobacco products and tobacco advertising for the duration of the suspension. Failure to remove such items from view will be regarded as a violation of this article equivalent to that of selling to minors.

E. License Obtained Under False Pretenses: Tobacco retailers whose license is obtained under false pretenses shall have that license revoked. A licensee whose license is revoked pursuant to this subsection may not apply for a new license for a period of one year from the date the license is revoked. §2359 ADMINISTRATIVE FINE
A. Grounds For Fine: If the department determines that any unlicensed person, including a person named on a revoked or suspended license, has engaged in tobacco retailing in violation of this article, the department shall fine that person as follows:

1. A fine not exceeding one hundred dollars ($100.00) for a first violation in any thirty six (36) month period; or

2. A fine not exceeding two hundred dollars ($200.00) for a second violation in any thirty six (36) month period; or

3. A fine not exceeding five hundred dollars ($500.00) for a third or subsequent violation in any thirty six (36) month period.

Each day that such a person engages in tobacco retailing shall constitute a separate violation.

B. Imposition Of Fine: If no request for a hearing is timely received in accordance with section 2360 of this article, the department’s determination on the violation and the imposition of a fine shall be final and payment shall be made within thirty (30) days after notice of the fine was served in accordance with subsection 2358A1 of this article. If the fine is not paid within that time, the fine may be collected, along with interest at the legal rate, in any manner provided by law. In the event that a judicial action is necessary to compel payment of the fine and accumulated interest, the person or persons subject to the fine shall also be liable for the costs of the suit and attorney fees incurred by the city in collecting the fine. §2360 GRIEVANCE COMMITTEEAPPEALS
A. Appeal Of Fine, Suspension Or Revocation: A decision of the department to impose a fine or to revoke or suspend a license may be appealed to the grievance committeeHearing Officer. Within ten (10) days from the date of service of the notice of the decision, an appellant may file notice of appeal with the Department. Such appeal

9 shall be in writing and shall identify the location subject to the notice. The appellant must file a written notice of appeal with the department within ten (10) days after service of the notice of the decision. Failure to file a timely notice of appeal waives any right to further challenge the department’s decision. The department shall then cause the matter to be set for hearing before a Hearing Officer appointed by the City to hear such matters. The Hearing Officer shall be qualified by training, education and/or experience to conduct the hearing and shall be impartial. Except in his or her capacity as a Hearing Officer, he or she shall have no personal or business relationship to the appellant or the City. "File" means delivered to the city manager’s office in the Ukiah Civic Center at 300 Seminary Ave., Ukiah, California. The filing of a notice of appeal automatically stays the department’s decision, until the grievance committee has served its final decision on the appeal. The committee Hearing Officer may reverse, modify or uphold the department’s decision.

B. Notice Of Hearing: Notice of the date of hearing shall be given in writing.

The date of the hearing shall be no sooner than fifteen (15) days from the date when notice of the hearing is given to the appellant and to the department. If a notice of appeal is timely filed, the department shall provide written notice to the appellant of the date, time, and place of the hearing in the manner specified in subsection 2358A1 of this article. A hearing may not be conducted less than twenty (20) days after notice is given to the appellant.

C. Hearing: At the time fixed in the notice, the Hearing Officer shall receive evidence, including the testimony of all competent persons desiring to testify respecting the violation at issue and the department’s decision.The grievance committee may adopt rules governing the conduct of its hearings. Those rules shall include, at least, the following:

1. The department shall submit evidence at the hearing substantiating its decision. Such evidence may include testimony, police or other reports of the incident, witness statements and other documents. Not less than ten (10) days prior to the scheduled hearing, the department must notify the appellant of the name, address and phone number of any witness to the violation, and furnish appellant with a copy of any document it intends to submit at the hearing. Not less than seven (7) days prior to the hearing, the appellant may request the department to produce at the hearing any witness the department intends to rely upon to substantiate the violation. The written request must name the witness or witnesses who are requested to attend the hearing.

The department may not rely on the testimony of any witness (including such testimony contained in reports or written witness statements) whose appearance at the hearing is required by this subsection, if that witness fails to appear.

2. Not less than ten (10) days prior to the hearing, the appellant must notify the department in writing of the name, address and phone number of any witness the appellant intends to call as a witness at the hearing, provide a brief description of the proposed testimony, and furnish the department with a copy of any document the appellant intends to offer as evidence at the hearing. The appellant may not call any

10 witness to testify at the hearing who was not identified as required by this subsection or offer any document as evidence at the hearing that was not provided to the department as required by this subsection.

3. At the hearing, the appellant may be represented by an attorney, at appellant’s expense. Both the department and the appellant shall have the right to examine and cross examine any witness produced at the hearing. The rules of evidence that normally apply in court shall not apply in a hearing before the committee, but the grievance committee shall only consider evidence which would be relied upon by reasonable people making an important decision, and shall disregard evidence which by its nature is unreliable or not credible.

4. The entire hearing shall be electronically or stenographically recorded. The grievance committee shall base its decision exclusively on the evidence presented at the hearing and shall issue a written decision, which includes a statement of the relevant facts which the committee finds to be true and explains how the facts support its decision. For example, if the department finds that the appellant sold cigarettes to a minor, but this was the first violation committed by the appellant within thirty six (36) months, the decision would explain that subsection 2358A2a of this article requires a fourteen (14) day suspension of the appellant’s license to sell tobacco products at the licensed location, and on that basis the facts support a fourteen (14) day suspension of the license for that location. The record of the hearing shall be preserved for not less than six (6) months after the decision is served on the appellant.

D. Hearing Decision: The Hearing Officer’s decision shall be by written order, which shall contain the findings of the Hearing Officer upon which such determination is based. The chairperson of the grievance committee shall issue the written decision required by subsection C4 of this section. Copies of the decision shall be served in accordance with subsection 2358A1 of this article. The hearing decision shall include notice of the appellant’s right to seek review of the decision pursuant to California Code of Civil Procedure sections 1094.5 and 1094.6, including the statute of limitations for seeking review pursuant to section 1094.6.

E. Finality Of The Hearing OfficerGrievance Committee’s Decision: The decision of the grievance committeeHearing Officer shall be the final decision for the city of Ukiah.

F. Appeal To Superior Court: Judicial review of the Hearing Officergrievance committee’s decision shall be governed by the Code of Civil Procedure sections 1094.5 and 1094.6.

G. Enforcement Of Decision: Unless stayed by a court, any final decision of the grievance committeeHearing Officer is effective immediately and may be implemented and enforced by the department.
§2361 ENFORCEMENT

11 The remedies provided by this article are cumulative and in addition to any other remedies available at law or in equity.

A. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this article shall constitute a violation.

B. Violations of this article are hereby declared to be public nuisances.

C. Violations of this article are hereby declared to be unfair business practices and are presumed to at least nominally damage each and every resident of the community in which the business operates.

D. A violation of this article constitutes a misdemeanor punishable by a fine of one thousand dollars ($1,000.00) or by imprisonment in the county jail for six (6) months, or both.

E. In addition to other remedies provided by this article or by other law, any violation of this article may be remedied by a civil action brought by the city attorney or the district attorney, including, for example, administrative or judicial nuisance abatement proceedings, other legally authorized enforcement proceedings, and suits for injunctive relief.

SECTION 3
Article 1 of Division 5, Chapter 7 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by “* * *”):
§4501 LEGISLATIVE FINDING
* * *
E. The purposes of this Chapter are to:

1. Protect the public health and welfare by prohibiting smoking in public places and places of employment;

2. Guarantee the right of nonsmokers to breathe smoke-free air, and recognize that the need to breathe smoke-free air shall have priority over the desire to smoke; and

3. Reduce access of persons under eighteen twenty-one (1821) years of age to tobacco products by restricting their access to tobacco products.

SECTION 4

12 Article 3 of Division 5, Chapter 7 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by “* * *”):
§4503 PROHIBITION OF SMOKING IN ENCLOSED PLACES AND IN PLACES OF

EMPLOYMENT
Smoking shall be prohibited in all public places within the city, including the following places:

A. Elevators.

B. Buses, taxicabs and other means of public transit under authority of the city, and ticket, boarding and waiting areas of public transit depots.

C. Restrooms.

D. Service lines.

E. Retail stores.

F. All areas available to and customarily used by the general public in all businesses and nonprofit entities patronized by the public, including but not limited to, attorney offices and other offices, banks, laundromats, hotels and motels.

G. Restaurants.

H. Public areas of galleries, libraries and museums, when open to the public.

I. Any facility which is primarily used for exhibiting any motion picture, stage, drama, lecture, musical recital or other similar performance.

J. Sports arenas and convention halls.

K. Every room, chamber, place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee, including joint committees, or agencies or any political subdivision of the State during such time as a public meeting is in progress, to the extent such place is subject to the jurisdiction of the City.

L. Waiting rooms, hallways, wards and rooms of health facilities, including but not limited to hospitals, clinics, physical therapy facilities, doctors’ offices and dentists’ offices.

M. Bars

13 L. Waiting rooms, hallways, wards and rooms of health facilities, including but not limited to hospitals, clinics, physical therapy facilities, doctors’ offices and dentists’ offices.

SECTION 5
Article 4 of Division 5, Chapter 7 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by “* * *”):
* * *
§4504.5 TOBACCO VENDING MACHINES
Except as otherwise provided in this Section, no person, business or tobacco retailer shall locate, install, keep, maintain or use or permit the location, installation, keeping, maintenance or use on his, her or its premises any tobacco vending machine for the purpose of selling or distributing any tobacco product. Cigarette vending machines located in areas from which children individuals under eighteen twenty-one (1821) years of age are prohibited shall be exempt from this restriction. Any cigarette vending machine located in such an area must be placed thirty feet (30’) or greater from the entrance to such an establishment. Any tobacco vending machine in use on the effective date of this Article shall be removed within thirty (30) days after the effective date of the amendments to this Chapter.
§4504.7 SALE OF TOBACCO PRODUCTS TO MINORS
A. Any person, business, tobacco retailer or other establishment subject to this Article shall post plainly visible signs at the point of purchase of tobacco products which state:

THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER EIGHTEEN TWENTYONE YEARS OF AGE IS PROHIBITED BY LAW, PHOTO ID IS REQUIRED.

The letter of said sign should be at least one-quarter inch (1/4") high.

B. No person, business, tobacco retailer or owner, manager or operator of any establishment subject to this Article shall sell, offer to sell or permit to be sold any tobacco product to an individual without requesting and examining identification establishing the purchaser’s age as eighteen twenty-one (1821) years or greater unless the seller has some reasonable basis for determining the buyer’s age. §4505 AREAS WHERE SMOKING IS NOT REGULATED
A. Notwithstanding any other provision of this Chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this Chapter:

14 1. Bars. Bars which are not physically attached to any other business are exempt from the smoking restrictions contained in this Chapter. Bars that are physically attached to a building or buildings containing restaurants or other businesses shall not be subject to smoking restrictions; provided, the following:
a. The bar area is not the principal waiting area for the restaurant; b. Restaurant patrons do not have to walk through the bar to gain access into the restaurant;
c. The bar and the restaurant have separate ventilation systems; and d. Persons under twenty one (21) years of age are prohibited from the bar area.

21. Private residences, except when used as a child care or health care facility. Single person businesses conducted from private residences shall not be subject to smoking restrictions.

32. Retail tobacco stores.

4. Restaurants, hotel and motel conference or meeting rooms and public and private assembly rooms while these places are being used for private functions.

53. Hotel and motel rooms rented to guests, provided that the owners or managers of the hotel or motel designate at least 70 percent of the guest rooms as smoke free.

64. Patient smoking areas in long-term health care facilities, as defined in Section 1418 of the California Health and Safety Code.Semi-private or private rooms and wards in hospitals, if all occupants agree.

75. On a stage when smoking is part of the stage production.

B. Notwithstanding any other provision of this Section, any owner, operator manager or other person who controls any establishment described in this Section may declare that entire establishment as a nonsmoking establishment, or may designate certain rooms as no smoking areas. It shall be unlawful and constitute a violation of this Chapter for any person to smoke in violation of any policy adopted under this subsection B; provided, signs declaring the area a "No Smoking Area" are conspicuously posted in that area as required by Section 4506 of this Chapter.

SECTION 6

1. SEVERABILITY.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be

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

2. EFFECTIVE DATE.

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

Introduced by title only on _____, 2023, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Adopted on ___________, 2023 by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________________
Mari Rodin, Mayor
ATTEST:
__________________________________________
Kristine Lawler, City Clerk

1 ORDINANCE NO.

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING

VARIOUS SECTIONS OF THE UKIAH CITY CODE RELATING TO TOBACCO RETAILERS AND TOBACCO SMOKING.

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

SECTION 1 FINDINGS

1. Four out of five children who use tobacco started with a flavored tobacco product.

2. According to a Report of the Surgeon General, internal tobacco industry documents show that the industry uses flavors to reduce the harshness of their products to make them more appealing to new users, almost all of whom are under the age of 18.

3. The results of a California Statewide survey among students in 2018 by the Center for Research and Intervention in Tobacco Control indicate that flavored electronic smoking products are mainly responsible for a rapid increase in youth and young adult tobacco use.

4. According to a fact sheet on Menthol and Cigarettes published by the California Department of Public Health, menthol flavorings are more popular with young smokers based on a national study finding that 54.5% of high school and 48.4% of middle school users of tobacco products smoke menthol cigarettes (as compared to 30-35% of adults).

5. Within a statewide survey of high school students in 2017-2018, the Northern Region of California, which includes the City of Ukiah, has among the highest prevalence of tobacco use.

6. The results of the California Healthy Kids Survey for 2017-2019, indicate that in the City of Ukiah, 29% of seventh graders, 33% of ninth graders and 36% of eleventh graders had tried vaping.

7. California Health and Safety Code § 104559.5 sets a statewide floor prohibiting certain flavored tobacco product sales by anyone selling tobacco products from a retail location or vending machine in the state of California. It covers a broad range of flavored tobacco products, including menthol cigarettes, chewing tobacco, snuff, little cigars, e-cigarettes, and roll-your-own tobacco, but exempts certain products such as shisha, loose leaf tobacco, and premium cigars.

8. California Health and Safety Code § 104559.5 does not preempt local action that goes further in prohibiting the sale of tobacco products.

Attachment 2

2 9. It is the intent of the City Council of the City of Ukiah, in enacting this ordinance, to join numerous other California jurisdictions, which have adopted comprehensive flavored tobacco bans.

SECTION 2
Article 7 of Division 2, Chapter 2 of the Ukiah City Code is hereby amended to read as follows:

ARTICLE 7. TOBACCO RETAILERS
§2350 DEFINITIONS
The following words and phrases, whenever used in this article, shall have the meanings provided in this section unless the context clearly requires otherwise:

APPELLANT: A person who appeals a department decision to the Hearing Officer.

CHARATERIZING FLAVOR: A distinguishable taste or smell, or both, other than the taste or smell of tobacco that is distinguishable by an ordinary consumer, imparted by a tobacco product or any byproduct produced by the tobacco product. Characterizing flavors include, but are not limited to, tastes or aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice. A tobacco product shall not be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information. Rather, it is the presence of a distinguishable taste or smell, or both, as described in the first sentence of this definition, and that is distinguishable by an ordinary consumer, that constitutes a characterizing flavor.

DEPARTMENT: The city manager and/or the duly authorized designee of the city manager.

ELECTRONIC NICOTINE DELIVERY SYSTEMS (ENDS): An electronic device that can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such a device, whether or not sold separately and includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor FLAVORED TOBACCO PRODUCT: Any tobacco product that contains a constituent that imparts a Characterizing Flavor.

3 PERSON: Any natural person, firm, partnership, trust, estate, association, corporation, or organization of any kind. Where a principal acts through an agent, the word "person" shall include both such principal and agent.

SALE: Any transfer of title or possession for a consideration, exchange or barter, in any manner or by any means whatever.

TOBACCO PRODUCT:

A. A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, loose leaf tobacco, hookah tobacco, shisha, or snuff;
B. Any Electronic Nicotine Device System (ENDS) that can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such a device, whether or not sold separately. Including any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor; and
C. Any component, part, or accessory of a tobacco product, whether or not sold separately.

D. “Tobacco product” does not include a product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for such an approved purpose.

TOBACCO PRODUCT FLAVOR ENHANCER: A product designed,
manufactured, produced, marketed, or sold to produce a Characterizing Flavor when added to a Tobacco Product.

TOBACCO RETAILER: Any person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco or tobacco products. "Tobacco retailing" shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco or tobacco products sold, offered for sale, exchanged, or offered for exchange.
§2351 LICENSE REQUIREMENTS
A. It shall be unlawful for any person to act as a tobacco retailer without first obtaining and maintaining a valid tobacco retailer’s license pursuant to this article for each location at which that activity is to occur. No license may issue to authorize

4 tobacco retailing at other than a fixed location. For example, tobacco retailing by persons on foot and tobacco retailing from vehicles are prohibited.

B. The term of a license is one year from January 1 through December 31 unless earlier suspended, terminated or revoked pursuant to section 2358 of this article.

Each tobacco retailer shall apply for the renewal of his or her tobacco retailer’s license no later than thirty (30) days prior to its expiration.

C. Nothing in this article shall be construed to grant any person obtaining and maintaining a tobacco retailer’s license any status or right other than the right to act as a tobacco retailer at the location in the city of Ukiah identified on the face of the license.

For example, nothing in this article shall be construed to render inapplicable, supersede, or apply in lieu of any other provision of applicable law, including, without limitation, any condition or limitation on smoking in enclosed places of employment made applicable to business establishments by Labor Code section 6404.5.
§2352 APPLICATION PROCEDURE
Application for a tobacco retailer’s license shall be submitted in the name of each person proposing to conduct retail tobacco sales and shall be signed by each person or an authorized agent thereof. It is the responsibility of each person to be informed of the laws affecting the issuance of a tobacco retailer’s license. A license that is issued in error or on the basis of false or misleading information supplied by a person may be revoked pursuant to section 2358 of this article. All applications shall be submitted on a form supplied by the department and shall contain the following information:

A. The name, address, and telephone number of each person.

B. The business name, address, and telephone number of each location for which a tobacco retailer’s license is sought.

C. The name and mailing address authorized by each person to receive all license related communications and notices (the "authorized address"). If an authorized address is not supplied, each person shall be understood to consent to the provision of notice at the business address specified pursuant to subsection B of this section.

D. Whether or not any person has previously been issued a license pursuant to this article that is, or was at any time, suspended or revoked and, if so, the dates of the suspension period or the date of revocation.

E. Such other information as the department deems necessary for the administration or enforcement of this article.
§2353 ISSUANCE OF LICENSE

5 Upon the receipt of an application for a tobacco retailer’s license and the license fee, the department shall issue a license, unless:

A. The application is incomplete or inaccurate; or
B. The application seeks authorization for tobacco retailing by a person for which or whom a suspension is in effect pursuant to section 2358 of this article, or by a person which or who has had a license revoked pursuant to section 2358 of this article. §2354 DISPLAY OF LICENSE
Each license shall be prominently displayed in a publicly visible location at the licensed premises.
§2355 LICENSE FEE
The fee to issue or to renew a tobacco retailer’s license shall be established by resolution of the City Council from time to time. The fee shall be calculated so as to recover the cost of administration and enforcement of this Article, including, for example, issuing a license, administering the license program, retailer education, retailer inspection and compliance checks, documentation of violations, and enforcement, but shall not exceed the cost of the regulatory program authorized by this Article. Annual fees shall not be pro-rated or refunded during the course of the year.

The City may charge a re-inspection fee to offset the additional staff time required to handle non-compliant businesses. Additional inspections thereafter will be billed based on actual costs incurred.
§2356 LICENSES NOT TRANSFERABLE
A tobacco retailer’s license is not transferable. If the information required in the license application pursuant to subsection 2352A, B or C of this article changes, the tobacco retailer must notify the department within fourteen (14) days, and update all information on the license application form in order to continue to act as a tobacco retailer. For example, if a tobacco retailer to whom a license has been issued changes business location, that tobacco retailer must supply updated license information within fourteen (14) days of acting as a tobacco retailer at the new location. If a business is sold, the new owner must apply for a license for that location before acting as a tobacco retailer. The current licensee shall notify the department of the sale of the tobacco retailing business.
§2357 LICENSE VIOLATION
A. Violation Of Tobacco Related Laws: It shall be a violation of a tobacco retailer’s license for a person or his or her agent or employee to violate any local, state, or federal tobacco related law.

6 B. It is a violation a tobacco retailer’s license for a person or his or her agent or employee to sell or offer for sale any Flavored Tobacco Product or Tobacco Product Flavor Enhancer. There is a rebuttable presumption that a tobacco product is a Flavored Tobacco Product if a manufacturer or its agents or employees has made a public statement or claim that the tobacco product has or produces a Characterizing Flavor, including, but not limited to, text, color, or images on the product’s labeling or packaging that are used to expressly or impliedly communicate that a tobacco product has a Characterizing Flavor.

C. License Compliance Monitoring: The Department, Code Enforcement Officer, or other person designated to enforce the provisions of this Article shall have the power and authority to enter any tobacco retailer during regular business hours to inspect the premises and determine compliance with the provisions of this Article. The City’s Code Enforcement Officer shall conduct onsite compliance checks at least once annually. The City shall not enforce any tobacco related minimum age law against a person who otherwise would be in violation of such law because of the person’s age (hereinafter "youth decoy") if the violation occurs when:

1. The youth decoy is participating in a compliance check supervised by a law enforcement official, a code enforcement official, or any peace officer; or

2. The youth decoy is participating in a compliance check funded or supervised in part by the county of Mendocino or, funded or supervised in any part by the California department of health services.
§2358 SUSPENSION, TERMINATION OR REVOCATION OF LICENSE
A. Violation: In addition to any other penalty authorized by law, such as possible imposition of administrative fines pursuant to section 2359 of this Article, a tobacco retailer’s license may be suspended or revoked if the department determines that the person or his or her agents or employees have violated the requirements of this article or other conditions of the license imposed pursuant to section 2357 of this article.

A person who loses his license for one location does not lose it for all locations, if those locations are in compliance with this article, and may renew licenses for other conforming locations. A person cannot obtain a new license for a new location so long as there is a suspension in effect for any location.

1. Notice Required: The licensee shall be served with written notice of all determinations or decisions under this section affecting his or her license. Notice shall be served by personal service, overnight courier, certified mail, return receipt requested, or U.S. mail with first class postage affixed. The notice shall be sent to the authorized address. All notices shall be deemed served, when received, except for notices sent by first class mail which shall be deemed served two (2) days after deposit in the U.S. mail if addressed to a location within Mendocino County and five (5) days if addressed to a location outside Mendocino County. The notice shall describe the legal and factual basis for the decision. A decision imposing a fine shall specify the amount of the fine. A decision to suspend or revoke a license shall specify the beginning and ending dates of

7 the suspension or the effective date of the revocation. No decision shall become effective in less than ten (10) days from the date of service.

2. Duration Of Suspensions:
a. Upon a finding by the department of a first license violation within any thirty six (36) month period, the license shall be suspended for fourteen (14) days. However, prior to imposing the suspension, the department shall by letter (an "advice letter") advise the person that if person trains all sales employees at the location of the sale in the laws pertaining to the sale of tobacco products to minors and/or to the sale of flavored tobacco products or tobacco product flavor enhancers and techniques to ensure future compliance with said laws, the suspension will not go into effect. Within thirty (30) days of the issuance of the advice letter, the person must file with the department an affidavit signed by the person and the sales employees that said training has been completed. If the person fails to timely submit the affidavit, the department shall notify the person that the permit is suspended for fourteen (14) days. b. Upon a finding by the department of a second license violation within any thirty six (36) month period, the license shall be suspended for twenty one (21) days. c. Upon a finding by the department of a third license violation within any thirty six month (36) period, the license shall be suspended for thirty (30) days. d. Upon a finding by the department of a fourth license violation within any thirty six (36) month period, the license shall be revoked and the person or persons who had been issued the license shall not be issued a tobacco retailer’s license pursuant to this article for a period of three (3) years from the date of revocation.

B. Failure To Pay Renewal Fees: A tobacco retailer’s license which is not timely renewed pursuant to subsection 2352B of this article is an expired license. The tobacco retailer shall not engage in tobacco retailing at the licensed location until a new license has been issued for that location.

C. License Issued In Error: A tobacco retailer’s license shall be revoked if the department determines that one or more of the bases for denial of a license under section 2353 of this article existed at the time application was made or at any time before the license issued. The revocation shall be without prejudice to the filing of a new application for a license.

D. Removal Of All Tobacco Products From Public View: A tobacco retailer whose license is suspended must remove from public view all tobacco products and tobacco advertising for the duration of the suspension. Failure to remove such items from view will be regarded as a violation of this article equivalent to that of selling to minors.

8 E. License Obtained Under False Pretenses: Tobacco retailers whose license is obtained under false pretenses shall have that license revoked. A licensee whose license is revoked pursuant to this subsection may not apply for a new license for a period of one year from the date the license is revoked. §2359 ADMINISTRATIVE FINE
A. Grounds For Fine: If the department determines that any person, including a person named on a revoked or suspended license, has engaged in tobacco retailing in violation of this article, the department shall fine that person as follows:

1. A fine not exceeding one hundred dollars ($100.00) for a first violation in any thirty six (36) month period; or

2. A fine not exceeding two hundred dollars ($200.00) for a second violation in any thirty six (36) month period; or

3. A fine not exceeding five hundred dollars ($500.00) for a third or subsequent violation in any thirty six (36) month period.

Each day that such a person engages in tobacco retailing shall constitute a separate violation.

B. Imposition Of Fine: If no request for a hearing is timely received in accordance with section 2360 of this article, the department’s determination on the violation and the imposition of a fine shall be final and payment shall be made within thirty (30) days after notice of the fine was served in accordance with subsection 2358A1 of this article. If the fine is not paid within that time, the fine may be collected, along with interest at the legal rate, in any manner provided by law. In the event that a judicial action is necessary to compel payment of the fine and accumulated interest, the person or persons subject to the fine shall also be liable for the costs of the suit and attorney fees incurred by the city in collecting the fine. §2360 APPEALS
A. Appeal Of Fine, Suspension Or Revocation: A decision of the department to impose a fine or to revoke or suspend a license may be appealed to the Hearing Officer.

Within ten (10) days from the date of service of the notice of the decision, an appellant may file notice of appeal with the Department. Such appeal shall be in writing and shall identify the location subject to the notice. Failure to file a timely notice of appeal waives any right to further challenge the department’s decision. The department shall then cause the matter to be set for hearing before a Hearing Officer appointed by the City to hear such matters. The Hearing Officer shall be qualified by training, education and/or experience to conduct the hearing and shall be impartial. Except in his or her capacity as a Hearing Officer, he or she shall have no personal or business relationship

9 to the appellant or the City. The Hearing Officer may reverse, modify or uphold the department’s decision.

B. Notice Of Hearing: Notice of the date of hearing shall be given in writing.

The date of the hearing shall be no sooner than fifteen (15) days from the date when notice of the hearing is given to the appellant and to the department.

C. Hearing: At the time fixed in the notice, the Hearing Officer shall receive evidence, including the testimony of all competent persons desiring to testify respecting the violation at issue and the department’s decision.

D. Hearing Decision: The Hearing Officer’s decision shall be by written order, which shall contain the findings of the Hearing Officer upon which such determination is based. The hearing decision shall include notice of the appellant’s right to seek review of the decision pursuant to California Code of Civil Procedure sections 1094.5 and 1094.6, including the statute of limitations for seeking review pursuant to section 1094.6.

E. Finality Of The Hearing Officer’s Decision: The decision of the Hearing Officer shall be the final decision for the city of Ukiah.

F. Appeal To Superior Court: Judicial review of the Hearing Officer’s decision shall be governed by the Code of Civil Procedure sections 1094.5 and 1094.6.

G. Enforcement Of Decision: Unless stayed by a court, any final decision of the Hearing Officer is effective immediately and may be implemented and enforced by the department.
§2361 ENFORCEMENT
The remedies provided by this article are cumulative and in addition to any other remedies available at law or in equity.

A. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this article shall constitute a violation.

B. Violations of this article are hereby declared to be public nuisances.

C. Violations of this article are hereby declared to be unfair business practices and are presumed to at least nominally damage each and every resident of the community in which the business operates.

D. A violation of this article constitutes a misdemeanor punishable by a fine of one thousand dollars ($1,000.00) or by imprisonment in the county jail for six (6) months, or both.

10 E. In addition to other remedies provided by this article or by other law, any violation of this article may be remedied by a civil action brought by the city attorney or the district attorney, including, for example, administrative or judicial nuisance abatement proceedings, other legally authorized enforcement proceedings, and suits for injunctive relief.

SECTION 3
Article 1 of Division 5, Chapter 7 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by “* * *”):
§4501 LEGISLATIVE FINDING
* * *
E. The purposes of this Chapter are to:

1. Protect the public health and welfare by prohibiting smoking in public places and places of employment;

2. Guarantee the right of nonsmokers to breathe smoke-free air, and recognize that the need to breathe smoke-free air shall have priority over the desire to smoke; and

3. Reduce access of persons under twenty-one (21) years of age to tobacco products by restricting their access to tobacco products.

SECTION 4
Article 3 of Division 5, Chapter 7 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by “* * *”):
§4503 PROHIBITION OF SMOKING IN ENCLOSED PLACES AND IN PLACES OF

EMPLOYMENT
Smoking shall be prohibited in all public places within the city, including the following places:

A. Elevators.

B. Buses, taxicabs and other means of public transit under authority of the city, and ticket, boarding and waiting areas of public transit depots.

C. Restrooms.

11 D. Service lines.

E. Retail stores.

F. All areas available to and customarily used by the general public in all businesses and nonprofit entities patronized by the public, including but not limited to, attorney offices and other offices, banks, laundromats, hotels and motels.

G. Restaurants.

H. Public areas of galleries, libraries and museums, when open to the public.

I. Any facility which is primarily used for exhibiting any motion picture, stage, drama, lecture, musical recital or other similar performance.

J. Sports arenas and convention halls.

K. Every room, chamber, place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee, including joint committees, or agencies or any political subdivision of the State during such time as a public meeting is in progress, to the extent such place is subject to the jurisdiction of the City.

L. Waiting rooms, hallways, wards and rooms of health facilities, including but not limited to hospitals, clinics, physical therapy facilities, doctors’ offices and dentists’ offices.

M. Bars
L. Waiting rooms, hallways, wards and rooms of health facilities, including but not limited to hospitals, clinics, physical therapy facilities, doctors’ offices and dentists’ offices.

SECTION 5
Article 4 of Division 5, Chapter 7 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by “* * *”):
* * *
§4504.5 TOBACCO VENDING MACHINES
Except as otherwise provided in this Section, no person, business or tobacco retailer shall locate, install, keep, maintain or use or permit the location, installation, keeping, maintenance or use on his, her or its premises any tobacco vending machine for the purpose of selling or distributing any tobacco product. Cigarette vending machines

12 located in areas from which individuals under twenty-one (21) years of age are prohibited shall be exempt from this restriction. Any cigarette vending machine located in such an area must be placed thirty feet (30’) or greater from the entrance to such an establishment. Any tobacco vending machine in use on the effective date of this Article shall be removed within thirty (30) days after the effective date of the amendments to this Chapter.
§4504.7 SALE OF TOBACCO PRODUCTS TO MINORS
A. Any person, business, tobacco retailer or other establishment subject to this Article shall post plainly visible signs at the point of purchase of tobacco products which state:

THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER TWENTY-ONE YEARS OF AGE IS PROHIBITED BY LAW, PHOTO ID IS REQUIRED.

The letter of said sign should be at least one-quarter inch (1/4") high.

B. No person, business, tobacco retailer or owner, manager or operator of any establishment subject to this Article shall sell, offer to sell or permit to be sold any tobacco product to an individual without requesting and examining identification establishing the purchaser’s age as twenty-one (21) years or greater unless the seller has some reasonable basis for determining the buyer’s age. §4505 AREAS WHERE SMOKING IS NOT REGULATED
A. Notwithstanding any other provision of this Chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this Chapter:

1. Private residences, except when used as a child care or health care facility. Single person businesses conducted from private residences shall not be subject to smoking restrictions.

2. Retail tobacco stores.

3. Hotel and motel rooms rented to guests, provided that the owners or managers of the hotel or motel designate at least 70 percent of the guest rooms as smoke free.

4. Patient smoking areas in long-term health care facilities, as defined in Section 1418 of the California Health and Safety Code..

5. On a stage when smoking is part of the stage production.

B. Notwithstanding any other provision of this Section, any owner, operator manager or other person who controls any establishment described in this Section may declare

13 that entire establishment as a nonsmoking establishment, or may designate certain rooms as no smoking areas. It shall be unlawful and constitute a violation of this Chapter for any person to smoke in violation of any policy adopted under this subsection B; provided, signs declaring the area a "No Smoking Area" are conspicuously posted in that area as required by Section 4506 of this Chapter.

SECTION 6

1. SEVERABILITY.

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

2. EFFECTIVE DATE.

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

Introduced by title only on _____, 2023, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Adopted on ___________, 2023 by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________________
Mari Rodin, Mayor

14 ATTEST:
__________________________________________
Kristine Lawler, City Clerk

Agenda Item No: 14.b.

MEETING DATE/TIME: 4/19/2023
ITEM NO: 2023-2531

AGENDA SUMMARY REPORT
SUBJECT: Review Report and Approve Application for Grant Funding from CalTrans Clean CA Grant Program, Adopt Resolution Authorizing the City Manager to Negotiate a Contract if Awarded, and Approve Corresponding Budget Amendments.

DEPARTMENT: Community Services PREPARED BY: Neil Davis, Community Services Director PRESENTER: Neil Davis, Community Services Director
ATTACHMENTS:

1. Job Description Coodinator

2. Oak Manor Garden and RR Map (1)

3. Clean CA Resolution
Summary: City Staff is preparing a Caltrans Clean California grant application to fund activities including graffiti abatement, public art, community gardens, and more. The application deadline is April 28th and Staff is seeking Council's support to complete and submit the application and, if appropriate, authorize the City Manager to execute grant documents.

Background: Trash has plagued California’s streets and highways for decades. The Caltrans Clean California grant program makes significant investments in litter collection, community engagement and education to ultimately transform unsightly roadsides into spaces of pride for all Californians. The program is intended to create opportunities and jobs for veterans, students, artists, people experiencing homelessness, and those reentering society from incarceration. Additional positive outcomes include beautification by reducing litter along roadways and introducing art and other amenities in underserved rural communities on and near transportation corridors. More information is available at https://cleancalifornia.dot.ca.gov/local-grants.

A number of eligible activities - including garbage and creek cleanups, graffiti abatement, public art installation, wayfinding, and landscaping are well suited to the creeks, Russian River, and abandoned railroad corridor and surrounding areas.

Last year, the City Council approved an application to this program that, unfortunately, was not funded. Based on follow-up interviews, staff believe that a modified application with many but not all of the prior grant concepts can be successful.

Discussion: Staff have reviewed the grant guidelines and developed a project concept that places primary focus on funding for a Community Engagement Coordinator (Attachment 1) who would be tasked with developing a volunteer program. The project is expected to last two and a half years during which time the Coordinator would aim to host a minimum of forty volunteer events per year. The coordinator will also train youth staff as volunteer crew leaders to extend the program reach and add a job development element.

Additionally, volunteers will be used to eradicate weeds and establish native plants along the abandoned railroad corridor. The Community Engagement Coordinator would join the Community Services team as a fulltime, temporary, grant-funded position with no guarantee of continued employment at the end of the grant.

Funding will also cover the material expenses of establishing a community garden at Oak Manor Park. North Coast Opportunity’s Gardens Project will lead the community garden effort and will provide in-kind match funds from NCO staff and volunteers. Community gardens are a proven asset to underserved communities such as Oak Manor and inclusion of this element will help to meet Diversity, Equity and Inclusion (DEI) goal 4,

The Arts Council of Mendocino have agreed to support public art being included in the project.

The project also proposes to add a two-stall restroom at Oak Manor Park which is currently served by an unsightly port-a-potty ( see map in Attachment 2). Environmental clean-up efforts will be performed thoughout the city but focus primarily on Orr, Gibson, and Doolin Creeks as well as the Great Redwood Trail corridor and Russian River within the city limits. If neighboring land uses are adequately established, grant funding and volunteers could be used for restoration and development of Langley Wetlands with native plants and a walking path supporting the City's Climate Initiative 4a to implement nature-based solutions.

Exact details of the budget are still in development, but current estimates are at approximately $825,000. The City of Ukiah, volunteers, NCO, and the Arts Council will provide in-kind matching funds to support the project and meet grant requirements. No cash outlay from the City is expected.

Staff request the Council approve the grant application, corresponding budget amendment, and adopt a resolution (Attachment 3) authorizing the City manager to negotiate the contract with Cal Trans if funding is awarded.

Recommended Action: Review report and approve application for grant funding from CalTrans Clean CA Grant Program, adopt resolution authorizing the City Manager to negotiate a contract if awarded, and approve corresponding budget amendments.

BUDGET AMENDMENT REQUIRED: Yes, if grant funded
CURRENT BUDGET AMOUNT: 0
PROPOSED BUDGET AMOUNT: TBD
FINANCING SOURCE: Grant Funding
PREVIOUS CONTRACT/PURCHASE ORDER NO.:

COORDINATED WITH:

DIVERSITY-EQUITY INITIATIVES (DEI): Goal 4 – Identify and actively engage underrepresented communities in which to retain, expand, develop, and implement programs.

CLIMATE INITIATIVES (CI): 4a – Implement nature-based climate solutions. 2d – Continue to expand the Great Redwood Trail – Ukiah.

GENERAL PLAN ELEMENTS (GP):

GP-A4 - Public Facilities, Services, and Infrastructure Element; GP-A5 - Environment and Sustainability Element

300 SEMINARY AVENUE UKIAH, CA 95482-5400
Phone# (707) 463-6200 Fax# (707) 463-6204 Web Address: www.cityofukiah.com Attachment 1

JOB DESCRIPTION
Community Enrichment Coordinator

DEFINITION
Under the general direction of the Recreation Supervisor, 1) enhance public health, cultural connections, and placemaking by improving public spaces for walking and recreation; 2) reduce the amount of waste and debris within public rights -of -way, pathways, parks, transit centers, and other public spaces; 3) enhance, rehabilitate, restore, or install measures to beautify and improve public spaces and mitigate the urban heat island effect; 4) develop, coordinate, and manage various volunteer, public art, and community engagement programs; 5 ); assist in organization, promotion and coordination of community engagement and public input events and activities; 6) and to perform related duties as assigned.

EXAMPLES OF DUTIES
These examples are intended only as illustrations of the various types of work performed in positions allocated to this class. The examples of work performed are neither restricted to nor all-encompassing of the duties to be performed under this job title. (E) Essential Duty; (M) Major Portion of Time  Develop, organize, plan, schedule, promote, implement, supervise and evaluate volunteer programs and special events including litter and graffiti abatement programs (E,M)  Promote and coordinate the City’s public art program. (E,M)  Promote and coordinate community engagement and public input activities and eventsincluding the Public Spaces Commission’s Community Forums. (E,M)
 Promote interest and participation in volunteer and cultural activities through public relations, social media and informational programs. (E)
 In coordination with the Recreation Coordinator, develop sponsorship programs including the recruitment and retention of new partners and sponsors for volunteer, litter and graffiti abatement, art, and community engagement programs and events. (E)
 Administration of the volunteer programs, including processing registration forms and volunteer waivers. (E,M)  Maintain records, prepare program rosters, track volunteer hours and program income and expenses. (E,M)  Assists in recruitment, selection, training and supervision of volunteers. (E,M)  Plans work, schedules, and trains volunteers. (E,M)
 Order supplies, materials, equipment and maintain inventory for programs and events. (E)  Responds to citizen inquiries and requests for information. (E)  Assists in coordinating volunteer activities with contractors, partners, and outside agencies. (E,M)  Actively researches and develops new volunteer programs. (E)  Assists with organizing community meetings pertaining to programs and facilities. (E)  Works flexible hours, including weekends, evenings, and holidays. (E)  Performs related duties as assigned.

QUALIFICATIONS
Knowledge of:
 Principles, procedures, and requirements used in developing and administering a coordinated recreation, volunteer, and arts programs adapted to the particular needs of the community, including youth and cultural activities.
 Modern office procedures, methods, and computer equipment.  Business letter writing and basic report preparation.

300 SEMINARY AVENUE UKIAH, CA 95482-5400
Phone# (707) 463-6200 Fax# (707) 463-6204 Web Address: www.cityofukiah.com Attachment 1
Recent developments, current literature, and sources of information related to leisure services planning and administration.
 Public relations principles and techniques.

Ability to:
 Communicate clearly and concisely, both orally and in writing.  Establish and maintain cooperative relationships with the general public and those contacted in the course of work.
 Properly interpret and make decisions in accordance with laws, regulations, and policies.  Work well independently.
 Work well in a fast-paced, often hectic environment, and meet established deadlines.  Generate support and enthusiasm of leaders, participants, groups, and agencies in recreation programs.  Direct and implement recreation and cultural programs suited to the needs of the community.  Perform responsible and difficult work involving the use of independent judgment and personal initiative.  Coordinate and compile information and statistics into complete, clear, and concise records and reports.  Operate and use a computer and appropriate software programs for long periods of time.  Lift 50 pounds.
 Work flexible hours and weekends.

Experience and Education:

Any combination of education and experience that is equivalent to graduation from high school. Work experience and/or college course work in recreation or related field preferred. Experience with PC based applications including Word, Excel, internet browsers, and Adobe Creative Suite.

Necessary Special Requirements:
 Possession of a valid Class C California Driver license.  CPR for infant, child and adult and standard first aid certificate must be obtained within first 3 months of employment.

Community
Garden
Location
New Restroom
Location
Attachment 2

1 Attachment 3
RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING

THE CITY MANAGER TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANPORTATION FOR THE CITY OF UKIAH “CLEANING UKIAH PARKS, CREEKS AND PARKS EFFICIENTLY GRANT PROGRAM.

WHEREAS:

1. The City of Ukiah is eligible to receive State funding for certain cleaning and beautification related work through the California Department of Transportation; and

2. A Restricted Grant Agreement is needed to be executed with the California Department of Transportation before such funds can be claimed through the Clean California Local Grant Program; and

3. The City of Ukiah wishes to delegate authorization to execute these agreements and any amendments thereto;
NOW, THEREFORE, BE IT RESOLVED that:

The Ukiah City Council, authorizes the City Manager, or designee, to execute all Restricted Grant Agreements and any amendments thereto with the California Department of Transportation in pursuit of applying for and accepting Clean California grant program funds.

PASSED AND ADOPTED this day of , 2023, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mari Rodin, Mayor
ATTEST:

Kristine Lawler, City Clerk

Agenda Item No: 14.c.

MEETING DATE/TIME: 4/19/2023
ITEM NO: 2023-2579

AGENDA SUMMARY REPORT
SUBJECT: Receive Report Regarding SB1383 and the Current Corrective Action Plan (CAP).

DEPARTMENT: Public Works PREPARED BY: Seth Strader, Administrative Analyst PRESENTER: Tim Eriksen, Director of Public Works
ATTACHMENTS:

1. Corrective Action Plan
Summary: Council will Receive Report Regarding SB1383 and the Current Corrective Action Plan (CAP).

Background: Senate Bill 1383 (SB1383) is an extensive and statewide policy implementation program aimed at reducing the amount of food waste that goes to landfills through education, recovery programs and different composting methods.

The City of Ukiah is one of thousands of jurisdictions within the state of California that have been required to implement these policies, procedures and programs. Some of these requirements include requiring a green waste bin at all private and commercial addresses, container contamination monitoring, recordkeeping, procurement, public education and outreach, waivers, edible food recovery and more.

Discussion: City Staff and CalRecycle met in February of 2023 to review what the City needed to implement to become compliant with SB1383. Staff and CalReycle completed a Corrective Action Plan (CAP) that can be found here in Attachment 1. The CAP gives a roadmap and timeline of various aspects of SB1383 and when they need to be corrected. Staff will meet with CalRecycle staff on a bi-monthly basis to monitor compliance progress.

Many of the tasks in our CAP will be accomplished through a joint effort of the City and C&S Waste (C&S), the City's franchise solid waste hauler. Staff has met with C&S and included them in the conversations with CalRecycle regarding these tasks. Though the responsibility for compliance belongs to the City, the effort to comply will have to be shared by both parties. This may require some contract changes and the City and C&S have started that process to carefully define the responsibilities of this effort.

Recommended Action: Receive Report Regarding SB1383 and the Current Corrective Action Plan (CAP) and provide direction as may be deemed necessary.

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Tim Eriksen, Director of Public Works DIVERSITY-EQUITY INITIATIVES (DEI):

CLIMATE INITIATIVES (CI): 3a – Continue to lead the way in solid waste diversion including the diversion of compostable food.

GENERAL PLAN ELEMENTS (GP):

ATTACHMENT 1

Agenda Item No: 14.d.

MEETING DATE/TIME: 4/19/2023
ITEM NO: 2023-2558

AGENDA SUMMARY REPORT
SUBJECT: Receive Updates on City Council Committee and Ad Hoc Assignments, and, if Necessary, Consider Modifications to Assignments and/or the Creation/Elimination of Ad Hoc(s).

DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk PRESENTER: Mayor Rodin and Various Councilmembers
ATTACHMENTS:

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

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

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

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

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

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

CLIMATE INITIATIVES (CI):

GENERAL PLAN ELEMENTS (GP):

2023 CITY COUNCIL SPECIAL ASSIGNEMENTS

LOCAL / UKIAH VALLEY MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Investment Oversight Committee Varies
Civic Center
300 Seminary Ave.Ukiah, CA 95482
Civic Center
300 Seminary Ave.Ukiah, CA 95482
Reviews City investments, policies, and strategies
CraneOrozco - Alternate
Alan Carter, Treasurer
Dan Buffalo, Director of Finance; 463-6220
[email protected]
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
Traci Boyl, City Manager's Office Management Analyst; 467-5720; [email protected] Greater Ukiah Business & Tourism Alliance (GUPTA)
4th Monday of month, 10:00 a.m.
200 S School St.Ukiah, CA 95482
200 S School St.Ukiah, CA 95482
Promotes tourism and works to strengthen and promote the historic downtown and businesses within the greater Ukiah area RodinDuenas - Alternate
Shannon Riley, Deputy City Manager;
467-5793 [email protected]
Mendocino County Inland Water and Power Commission (IWPC) 2nd Thursday of month, 6:00 p.m.

Civic Center
300 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 RodinOrozco- Alternate
Sean White, Director of Water Resources; 463-5712 [email protected] North Coast Opportunities (NCO) 4th Wednesday of month, 2 p.m. Alternating locations - Ukiah and Lakeport 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; [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 Duenas Neil Davis - Alternate David Burton, Museum Director; 467-2836 [email protected] Ukiah Valley Basin Groundwater Sustainability Agency (GSA) 2nd Thursday of month, 1:30 p.m.

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

MENDOCINO COUNTY MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT City Selection Committee Called as required by the Clerk of the Board BOS Conference Room 501 Low Gap Rd. Rm. 1090 Ukiah, CA C/O: BOS 501 Low Gap Rd., Rm 1090 Ukiah, CA 95482 463-4441 Makes appointments to LAFCO and Airport Land Use Commission (Mayor - Primary; Vice Mayor - Alternate) Mayor Rodin Vice Mayor Duenas - Alternate Kristine Lawler, City Clerk; 463-6217 [email protected] 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]
Library Advisory Board
3rd Wednesdays of alternate months; 1:00
p.m.

Various Mendocino County Libraries Ukiah County Library 463-4491 Review library policy and activities Duenas Rodin - Alternate Kristine Lawler, City Clerk; 463-6217; [email protected] Mendocino County 1st District Liaison Monthly; TBD
Civic Center Annexconference room #5
411 West Clay St.

Ukiah, CA 95482
Civic Center
300 Seminary Ave.Ukiah, CA 95482
To coordinate activities and policy development with the City's 1st District Supervisor RodinCrane - Alternate
Sage Sangiacomo, City Manager;
463-6221; [email protected]
Mendocino County 2nd District Liaison 1st Wednesdays of month, 8:00 a.m.

Civic Center Annexconference room #5
411 West Clay St.

Ukiah, CA 95482
Civic Center
300 Seminary Ave.Ukiah, CA 95482
To coordinate activities and policy development with the County's 2nd District Supervisor RodinDuenas - 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
DuenasSher - Alternate
Tim Eriksen, Public Works Director/City Engineer; 463-6280 [email protected] Mendocino County Airport Land Use Commission As needed
BOS Conference Room501 Low Gap Rd., Rm. 1090, Ukiah, CA Mendocino County Executive Office 501 Low Gap Rd. Rm. 1010 Ukiah, CA 95482 To formulate a land use compatibility plan, provide for the orderly growth of the airport and the surrounding area, and safeguard the general welfare of the inhabitants within the vicinity Liaisons: Owen/Schlatter
Greg Owen, Airport Manager; 467-2855; [email protected] Schlatter, Director of Community Development; 463-6219; [email protected] Mendocino County Local Area Formation Commission (LAFCO) 1st Monday of month, 9:00 a.m. Board of Supervisors Chambers Executive Director
200 S. School Street, Ste. 2Ukiah, CA 95482463-4470
Required by legislation - planning spheres of influence, annexation, service areas, and special districts
RodinCrane - Desired Alternate if
appointment becomes available with City Selection Committee Craig Schlatter, Director of Community Development; 463-6219; [email protected] 4/7/2023
ATTACHMENT 1

2023 CITY COUNCIL SPECIAL ASSIGNEMENTS

MENDOCINO COUNTY
Continued MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Mendocino Solid Waste Management Authority (MSWMA)
3rd Thursday of every other month (varies), 10:00 a.m.

Willits Council Chambers
Solid Waste Director3200 Taylor DriveUkiah, CA 95482468-9710 County-wide Solid Waste JPA Crane Sher- 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 Sher Duenas - Alternate Tim Eriksen, Public Works Director/City Engineer; 463-6280 [email protected] 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, Police CaptainDuenas - Alternate
Cedric Crook, Police Captain 463-6771; [email protected] Russian River Flood Control District (RRFCD) Liaison
1st Monday of month, 5:30 p.m.
151 Laws Ave.,Suite D Ukiah, CA
151 Laws Ave., Ukiah, CA 95482; [email protected]; 462-5278 Proactively manage the water resources of the upper Russian River for the benefit of the people and environment of Mendocino County White/Orozco Sean White, Director of Water Resources; 463-5712 [email protected] Ukiah Players Theater Board of Directors
3rd Tuesday of month, 6:00 p.m
1041 Low Gap Rd Ukiah, CA 95482 462-1210
1041 Low Gap RdUkiah, CA 95482462-1210
To oversee the activities, organization and purpose of the Ukiah Players Theater Greg Owen, Airport Manager(appointed 12/19/18)
Kristine Lawler, City Clerk; 463-6217
[email protected]
Ukiah Unified School District (UUSD) Committee Quarterly 511 S. Orchard, Ste. D Ukiah, CA 95482 511 S. Orchard Ukiah, CA 95482 Information exchange with UUSD Board Chair, Mayor, Superintendent, and City Manager Mayor, City Manager and Police Chief Sage Sangiacomo, City Manager; 463-6221 ssangiacomo @cityofukiah.com

REGIONAL MTG DATE/TIME LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Great Redwood Trail Agency Bi-monthly, 3rd Thursdays, 10:30 a.m. Various Locations - announced 419 Talmage Road, Suite M Ukiah, CA 95482 463-3280 Provides a unified and revitalized rail infrastructure meeting the freight and passenger needs of the region Rodin Duenas - Alternate Neil Davis, Community Services Director 467-5764 [email protected] League of California Cities Redwood Empire Legislative Committee Prior to Division Meetings, meets 3x in person and then via conference call Various locations that are announced
Redwood Empire League President; Public Affairs Program Manager (916) 658-8243 Elected city officials and professional city staff attend division meetings throughout the year to share what they are doing and advocate for their interests in Sacramento OrozcoDuenas -Alternate
Sage Sangiacomo, City Manager; 463-6221 [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 425 South Main St., Sebastopol, CA 95472 508-3670 Consider issues related to Russian river - plans projects and funding requests RodinSher - Alternate
Tim Eriksen, Public Works Director/City Engineer; 463-6280 [email protected] Northern California Power Agency (NCPA) Commission
4th Thursday of month, 9:00 a.m. (see NCPA calendar)
Roseville, CA and other locations
651 Commerce Drive Roseville, CA 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 - CommissionerSauers - 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; info @tanc.us
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]

STANDING COMMITTEES MTG DATE/TIME LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Diversity and Equity TBD Virtual Meeting Room (link to be created) Civic Center 300 Seminary Ave. Ukiah, CA 95482 Improve diversity and equity in the City’s workforce and municipal services Orozco/Duenas Traci Boyl, City Manager's Office Management Analyst; 467-5720; [email protected] Fire Executive Committee
2nd Tue, every other month beginning in January; 5:00 p.m.

Ukiah Valley Conference Center,200 S. School Street Ukiah, CA Civic Center300 Seminary Ave.Ukiah, CA 95482 sabba
@cityofukiah.com
Per the recently adopted agreement between the City of Ukiah and the Ukiah Valley Fire Protection District Orozco/Sher Doug Hutchison, Fire Chief; 463-6263;
[email protected]
Countywide Oversight Board to the RDA Successor Agencies 4th Thursday of January, 4:00 p.m.; meets annually
Ukiah Valley Conference Center,200 S. School Street Ukiah, CA City of UkiahATTN: City Clerk300 Seminary Ave.Ukiah, CA 95482707-463-6217 oversee and direct the Successor Agencies of the former redevelopment agencies Crane Dan Buffalo, Director of Finance; 463-6220 [email protected] Lawler, City Clerk; 463-6217, [email protected] 4/7/2023

COMMITTEE ASSIGNED TO PRINCIPAL STAFF SUPPORT
Electric Grid Operational Improvements Crane/Orozco Cindy Sauers, Electric Utility Director; 463-629586 [email protected]
Trench Cut Policy Development Crane Tim Eriksen, Public Works Director/City Engineer; 463-6280 [email protected]
Advance Planning & Policy for Sphere of
Influence (SOI), Municipal Service Review (MSR),
Annexation, Tax Sharing, Detachment, and Out
of Area Service Agreements
Crane/Rodin
Craig Schlatter, Community Development Director
463-6219 [email protected]
UVSD/ City Relations
Ad hoc committee to address specific issues with the
Ukiah Valley Sanitation District, including discussion of overall sewer system service delivery policies, operating policy revisions, potential revisions to the current
Operating Agreement, and cost sharing
Crane/Orozco
Dan Buffalo, Director of Finance;
463‐6220 [email protected]
Sean White, Water Resources Director
463‐5712 [email protected]
Orr Street Bridge Corridor Rodin/Sher Tim Eriksen, Public Works Director/City Engineer; 463-6280 [email protected]
Complete Streets Rodin/Crane
Tim Eriksen, Public Works Director/City Engineer;
463-6280 [email protected]
Shannon Riley, Deputy City Manager
467-5793 [email protected]
Neil Davis, Community Services Director
467-5764 [email protected]
Special Districts (Water District Consolidation) Orozco/Crane Shannon Riley, Deputy City Manager 467‐5793 [email protected]
Corp Yard Planning Crane/Orozco Jason Benson, Senior Civil Engineer 463‐6284 [email protected]
City/District Review of 2019/22 Proposed Fire
Code Crane/Orozco Doug Hutchison, Fire Chief
463‐6263 [email protected]
Mendocino County Courthouse Project and
Reuse Sher/Orozco Shannon Riley, Deputy City Manager
467‐5793 [email protected]
Climate Action Plan
Will coordinate with the Community Development
Director to identify and assign representation to each of the identified categories, and also coordinate with the Community Development Director and the Climate Action
Plan Working Group related to other outreach efforts
during the development of the draft municipal Climate
Action Plan related to the 2040 General Plan
Sher/Duenas
Craig Schlatter, Community Development Director
463-6219 [email protected]
2023 AD HOC COMMITTEES
3/16/2023