Ukiah City Council
September 20, 2023

Ukiah Electric Utility Fire Mitigation Fuel Reduction Project 47 Spec. No. 23-13

CERTIFICATION OF NONDISCRIMINATION IN EMPLOYMENT
The bidder represents that he or she has/has not, participated in a previous contract or subcontract subject to either the equal opportunity clause herein or the clause contained in Section 301 of Executive Order 10925; that he or she has/has not, filed all required compliance reports; and that representations indicating submission of required compliance prior to subcontract awards.

Signature and address of Bidder:
__________________________________________________ Date_____________ __________________________________________________
__________________________________________________
__________________________________________________
(This certification shall be executed by the bidder in accordance with Section 60-1.6 of the Regulations of the President's Committee on Equal Employment Opportunity for implementing Executive Orders 10925 and 11114.)

Ukiah Electric Utility Fire Mitigation Fuel Reduction Project 48 Spec. No. 23-13

LIST OF PROPOSED SUBCONTRACTORS
In compliance with the provisions of Sections 4100-4108 of the California Public Contract Code and any amendments thereof, each bidder shall set forth (a) the name and location of the place of business of each subcontractor who will perform work or labor or render service in or about the construction site or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications in an amount in excess of one-half of 1 percent of the total bid and (b) the California Contractor License Number for each subcontractor, and (c) the portion of the work to be done by each subcontractor.(See General Conditions Section 1-09.) Include with the name of each sub-contractor their Department of Industrial Relations Public Works Contractor Registration Number.

SUBCONTRACTOR
NAME

SUBCONTRACTOR

LICENSE NUMBER

SUBCONTRACTOR
DIR

REGISTRATION
NUMBER

SUBCONTRACTOR

BUSINESS

ADDRESS

DESCRIPTION

OF WORK

Ukiah Electric Utility Fire Mitigation Fuel Reduction Project 49 Spec. No. 23-13

STATEMENT OF EXPERIENCE OF BIDDER
The bidder is required to state below what work of similar magnitude or character he or she has done and to give references that will enable the City Council to judge of his or her experience, skill and business standing and his or her ability to conduct work as completely and rapidly as required under the terms of the contract. ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________

Ukiah Electric Utility Fire Mitigation Fuel Reduction Project 50 Spec. No. 23-13

SIGNATURE(S) OF BIDDER
Accompanying this proposal is ___________________________________ (insert the words "cash ($)", "cashier's check" or "bidder's bond", as the case may be) in an amount equal to at least 10 percent of the bid.

The names of all persons interested in the foregoing proposal as principals are as follows:

IMPORTANT NOTICE: If bidder or other interested person is a corporation, provide the legal name of corporation and also the names of the president, secretary, treasurer and manager thereof. If a co-partnership, provide the true name of firm and also the names of all individual co-partners composing the firm. If bidder or other interested person is an individual, provide the first and last names in full. _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Licensed in accordance with an act providing for the registration of Contractors:

License No. ______________________________, License Expiration Date .

Signature(s) of Bidder: ______________________________________________ ______________________________________________
______________________________________________
NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a co-partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts in behalf of the co-partnership; and if bidder is an individual, his or her signature shall be placed above. If a member of a partnership, a Power of Attorney must be on file with the Department prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized.

Business address: ___________________________________________________ ___________________________________________________
Place of residence: ___________________________________________________ ___________________________________________________
Dated: __________________

Ukiah Electric Utility Fire Mitigation Fuel Reduction Project 51 Spec. No. 23-13

CITY OF UKIAH
Mendocino County, California

BIDDER'S BOND

KNOW ALL MEN BY THESE PRESENTS,
That we, ______________________________________________________________ ________________________________________________________________, as PRINCIPAL and ________________________________________________________________ ________________________________________________________________, as SURETY, are held and firmly bound unto the City of Ukiah in the penal sum of 10 PERCENT OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City of Ukiah, as the case may be, for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, to the City Clerk to which said bid was submitted, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of $____________________

THE CONDITION OF THIS OBLIGATION IS SUCH,
That whereas the Principal has submitted the above mentioned bid to the City of Ukiah, as aforesaid, for certain construction specifically described as follows, for which bids are to be opened at the Office of the City Clerk, Ukiah Civic Center, Ukiah, California, on September 19, 2023 for UKIAH ELECTRIC UTILITY FIRE MITIGATION FUEL REDUCTION PROJECT, SPEC. NO. 23-13.

NOW, THEREFORE, If the aforesaid Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him or her for signatures, enters into a written contract, in the prescribed form, in accordance with the bid and files two bonds with the City of Ukiah, one to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue.

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this ______ day of ________________, A.D. 20_____.
__________________________________________________(Seal) __________________________________________________(Seal) __________________________________________________(Seal) Principal
__________________________________________________(Seal) __________________________________________________(Seal) __________________________________________________(Seal) Surety
Address: __________________________________________________________ __________________________________________________________ __________________________________________________________

Ukiah Electric Utility Fire Mitigation Fuel Reduction Project 52 Spec. No. 23-13

NON-COLLUSION AFFIDAVIT
Note: Bidder shall execute the affidavit on this page prior to submitting his or her bid.

To City Council, City of Ukiah:

The undersigned in submitting a bid for performing UKIAH ELECTRIC UTILITY FIRE MITIGATION FUEL REDUCTION PROJECT, SPEC. NO. 23-13 by contract, being duly sworn, deposes and says:
that he or she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract. __________________________________________________
__________________________________________________
__________________________________________________
Signature(s) of Bidder
Business Address:__________________________________________________ __________________________________________________
__________________________________________________
Place of Residence:__________________________________________________ __________________________________________________
__________________________________________________

NOTARIZATION
Subscribed and sworn to before me this ______ day of _________, 20____. __________________________________________________
Notary Public in and for the County of______________________________, State of California.

My Commission Expires ________________________, 20 ____.

Ukiah Electric Utility Fire Mitigation Fuel Reduction Project 53 Spec. No. 23-13

IRAN CONTRACTING ACT CERTIFICATION
(Public Contract Code Section 2200 et seq.)
As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the Contractor is not:
(i) identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or
(ii) a financial institution that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran.

Signed______________________________________________________ Titled_______________________________________________________ Firm_________________________________________________________ Date_________________________________________________________ Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or ineligibility to bid on contracts for three years.

Ukiah Electric Utility Fire Mitigation Fuel Reduction Project 54 Spec. No. 23-13 44 C.F.R. PART 18 – Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. Page 20 of 25 www.fema.gov/procurement-disaster-assistance-team To Table of Contents U. S. Department of Homeland Security Headquarters 500 C St SW Washington, D.C. 20042

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.

Signature of Contractor’s Authorized Official

Name and Title of Contractor’s Authorized Official

Date

Ukiah Electric Utility Fire Mitigation Fuel Reduction Project 55 Spec. No. 23-13 Certification Regarding Effort to Contract with Small and Minority Businesses, Women’s Business Enterprises, and Labor Surplus Area Firms The undersigned certifies, to the best of his or her knowledge and belief, that:

The Bidder in procuring subcontractors has taken all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms will be used when possible. Affirmative steps include: (a) Solicitation lists; (b) Solicited when sources are available; (c) Dividing total requirements, when economical feasible, to allow maximum participation; (d) and Use Small Business Administration and Minority Business Development Agency.

Witness my hand this________ day of _______________, 20____ Signature of Bidder, with Business Address:
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________

Ukiah Electric Utility Fire Mitigation Fuel Reduction Project 56 Spec. No. 23-13

CITY OF UKIAH
Mendocino County, California

AGREEMENT
FOR

UKIAH ELECTRIC UTILITY FIRE MITIGATION FUEL REDUCTION PROJECT SPECIFICATION NO. 23-13
THIS AGREEMENT, made this ______ day of ___________________, 20____, by and between the City of Ukiah, Mendocino County, California, hereinafter called the City and _______________________ hereinafter called the Contractor,
WITNESSETH:

WHEREAS, the City has caused to be prepared in accordance with law, specifications, drawings and other contract documents for the work herein described and shown and has approved and adopted these contract documents, specifications and drawings and has caused to be published in the manner and for the time required by law a notice to bidders inviting sealed proposals for doing the work in accordance with the terms of this contract and
WHEREAS, the Contractor, in response to the notice to bidders, has submitted to the City a sealed proposal accompanied by a proposal guaranty in an amount of not less than 10 percent of the bid price for the construction of the proposed work in accordance with the terms of this contract and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the proposals submitted and as a result has determined and declared the Contractor to be the lowest and best regular responsible bidder for the work and for the sums named in the proposal, NOW, THEREFORE, THIS AGREEMENT WITNESSETH:

Article 1. Work to be Done and Contract Days Allowed.

That the Contractor shall provide all necessary machinery, tools, apparatus and other means of construction; shall furnish all materials, superintendence, overhead, expenses, all labor and expenses of whatever nature necessary for completion of the work in conformity with the Special Provisions and other contract documents hereto attached and according to such instructions as may be given by the Engineer. The Contractor shall complete the work within <<NINETY>> (<<90>>) calendar days. Contract days shall be counted starting with the 10th day following receipt of notice that the contract has been executed by the City. Contractor, at his or her option, may begin work prior to start of counting contract days, however, in no event shall the Contractor start work without giving notification to the Engineer at least 72 hours prior to the start of work, without obtaining an encroachment permit from the City, or without having submitted certificates of insurance that have been accepted and approved by the Engineer.

Article II. Contract Prices.

That the City shall pay the Contractor the prices stated in the proposal submitted by the Contractor, for complete performance of the contract by the Contractor. The Contractor hereby agrees to accept the prices as full

Ukiah Electric Utility Fire Mitigation Fuel Reduction Project 57 Spec. No. 23-13 compensation for all material and appliances necessary to the work, for all labor and use of tools and other implements necessary to execute the work contemplated in this contract; for all loss or damage arising out of the nature of the work or from the action of the elements, or from any unforeseen obstructions or difficulties which may be encountered in the prosecution of the work; for all risks of every description connected therewith; for all expenses of the work, as herein specified; for all liability and other insurance, for all overhead and other expenses incident to the work; all according to the Contract Drawings, the Special Provisions, the Details, the instructions and the requirements of the City.

Article III. Labor Discrimination.

Attention is directed to Section 1735 of the Labor Code, which reads as follows:
"No discrimination shall be made in the employment of persons upon public works because of the race, color, national origin or ancestry, or religion of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter." In connection with the performance of work under this contract, the Contractor agrees as follows:
(a) The Contractor will not willfully discriminate against any employee or an applicant for employment because of race, color, religion, ancestry, or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, ancestry, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the awarding authority setting forth the provisions of this Fair Employment Practice section. (b) The Contractor will send to each labor union or representative of workers with which he or she has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the awarding authority, advising the said labor union or worker's representative of the Contractor's commitments under this section, to employees and applicants for employment. (c) The Contractor will permit access to his or her records of employment, employment advertisements, application forms and other pertinent data and records by the Fair Employment Practices Commission, City of Ukiah or any other appropriate agency of the State of California designated by the awarding authority, for the purposes of investigation to ascertain compliance with the Fair Employment Practices section of this contract.
(d) A finding of willful violation of the Fair Employment Practices section of this Contract or of the Fair Employment Practices Act shall be regarded by the awarding authority as a basis for determining the Contractor to be not a "responsible bidder" as to future contracts for which such Contractor may submit bids, for revoking the Contractor's pre-qualification rating, if any and for refusing to establish, reestablish or renew a pre-qualification rating for the Contractor.

The City of Ukiah shall deem a finding of willful receipt of written notice from the Fair Employment Practices Act to have occurred upon that it has investigated and determined that the Contractor has violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429.

Upon receipt of such written notice from the Fair Employment Practices Commission, the City shall notify the Contractor that unless he or she demonstrates to the satisfaction of the awarding authority within a stated period that the violation has been corrected, his or her pre-qualification rating will be revoked at the expiration of such period.

Ukiah Electric Utility Fire Mitigation Fuel Reduction Project 58 Spec. No. 23-13 (e) The Contractor agrees that should the City determine that the Contractor has not complied with the Fair Employment Practices section of this Contract, then pursuant to Labor Code Section 1735 and 1775 the Contractor shall, as a penalty to the City, forfeit for each calendar day or portion thereof, for each person who was denied employment as a result of such non-compliance, the penalties provided in the Labor Code for violation of prevailing wage rates. Such monies may be recovered from the Contractor. The City may deduct any such damages from any monies due the Contractor. (f) Nothing contained in this Fair Employment Practices section shall be construed in any manner of fashion so as to prevent the City or the State of California from pursuing any other remedies that may be available at law.
(g) Prior to awarding the Contract, the Contractor shall certify to the awarding authority that he or she has or will meet the following standards for affirmative compliance, which shall be evaluated in each case by the awarding authority:
(1) The Contractor shall provide evidence, as required by the City that he or she has notified all supervisors, foremen and other personnel officers in writing of the content of the anti-discrimination clause and their responsibilities under it.
(2) The Contractor shall provide evidence, as required by the City, that he or she has notified all sources of employees’ referrals (including unions, employment agencies, advertisements, Department of Employment) of the content of the anti-discrimination clause. (3) The Contractor shall file a basic compliance report, as required by the City. Willfully false statements made in such reports shall be punishable as provided by law. The compliance report shall also spell out the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire.
(4) Personally, or through his or her representatives, the Contractor shall, through negotiations with the unions with whom he or she has agreements, attempt to develop an agreement which will:
a. Spell out responsibilities for nondiscrimination in hiring, referral, upgrading and training. b. Otherwise implement an affirmative anti-discrimination program in terms of the unions' specific areas of skill and geography to the end that qualified minority workers will be available and given and equal opportunity for employment.
(5) The Contractor shall notify the City of opposition to the anti-discrimination clause by individuals, firms or organizations during the period of its pre-qualification. (h) The Contractor will include the provisions of the foregoing paragraphs 1 through 5 in every first tier subcontract so that such provisions will be binding upon each such subcontractor. (i) The "Fair Employment Practices Certification" must be completed and signed prior to the time of submitting the bid.

Article IV. Parts of the Contract.

That the complete contract consists of the following documents, all of which shall be considered a part of this agreement.

1. Notice to Bidders

2. Wage Rates

3. General Conditions

4. Technical Specifications

Ukiah Electric Utility Fire Mitigation Fuel Reduction Project 59 Spec. No. 23-13

5. Proposal

6. Fair Employment Practices Certification

7. Agreement

8. Contract Bonds

9. Contract Drawings and Construction Details

10. Standard Drawings

11. Indemnification Agreement
IN WITNESS WHEREOF, this contract being executed in duplicate and the parties having caused their names to be signed by authority of their duly authorized office this _____ day of _____________, 20____.

CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA
By: ______________________________________________________________

CITY MANAGER, CITY OF UKIAH
Attest: ______________________________________________________________

CITY CLERK, CITY OF UKIAH
By: ______________________________________________________________

CONTRACTOR
Attest: ______________________________________________________________ Title: ______________________________________________________________ The foregoing contract is approved as to form and legality this ______ day of ______________, 20 ____. __________________________________________________

CITY ATTORNEY, CITY OF UKIAH

Ukiah Electric Utility Fire Mitigation Fuel Reduction Project 60 Spec. No. 23-13

INDEMNIFICATION AGREEMENT
This Indemnification Agreement is made and entered in Ukiah, California, on _________________, 20____, by and between the City of Ukiah (Ukiah) and ______________________________________ (Contractor).

Contractor is
_________________________________________________________________________________ ___________________________________________ for Ukiah.

As a condition of issuing the work order, attached hereto, Ukiah requires assurance that Contractor will protect Ukiah from damage or damage claims which arise from its performance of the work.

Accordingly, Contractor agrees as follows:

1. Indemnification. Contractor shall indemnify and hold harmless Ukiah and its officers, agents, and employees from and against any claim, loss, or damage, including the legal and other costs of defending against any claim of damage or loss which arises out of the Contractor’s negligent or wrongful performance under the work order attached hereto, except for claims, losses, or damages resulting from the sole and exclusive negligence or other wrongful conduct of Ukiah or its officers, agents and employees.

CONTRACTOR
BY: _______________________________________________
TITLE: _______________________________________________

Ukiah Electric Utility Fire Mitigation Fuel Reduction Project 61 Spec. No. 23-13

CITY OF UKIAH
Mendocino County, California

FAITHFUL PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS,
That we the undersigned, ______________________________________________________________ __________________________________________________________________________________, AS PRINCIPAL, and
__________________________________________________________________________________,

AS SURETY,
are held firmly bound unto THE CITY OF UKIAH, hereinafter called the “City”, in the penal sum of dollars ($____________________)
for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally.

WHEREAS, the Principal has entered into a certain Contract with the City, dated __________, 20_____, a copy of which is hereto attached and made a part hereof, NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the prosecution of the work under the Contract, in default of which such persons shall have a direct right of action hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. No modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City shall in any way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification, extension, or forbearance is hereby waived.

IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seals hereto, this ________ day of _______________,20_______.

In the presence of:

WITNESS:
_________________________________
________________________________(SEAL)
(Individual Principal)
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)

Ukiah Electric Utility Fire Mitigation Fuel Reduction Project 62 Spec. No. 23-13 WITNESS:
____________________________________
______________________________(SEAL)
(Corporate Principal)
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
ATTEST:

________________________________
(Corporate Principal) Affix
Corporate
Seal
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
ATTEST:
____________________________ ________________________________ Affix (Corporate Surety) Corporate
Seal
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
The rate of premium on this bond is $___________________________ per thousand.

The total amount of premium charges is $____________________________.. (The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be attached).
(CERTIFICATE AS TO CORPORATE PRINCIPAL)
I,_________________________________________, certify that I am the ______________________________ Secretary of the corporation named as Principal in the foregoing bond; that _______________________________________, who signed the said bond on behalf of the Principal, was then ____________________________________________ of said corporation; that I know his signature, and that his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said corporation by authority of its governing body.
____________________________________________ Affix Corporate Seal

Ukiah Electric Utility Fire Mitigation Fuel Reduction Project 63 Spec. No. 23-13

CITY OF UKIAH
Mendocino County, California

MATERIAL AND LABOR BOND

KNOW ALL MEN BY THESE PRESENTS,
That we the undersigned, ______________________________________________________ __________________________________________________________________________, AS PRINCIPAL, and
__________________________________________________________________________ __________________________________________________________________________, AS SURETY, are held firmly bound unto THE CITY OF UKIAH, hereinafter called the “City” in the penal sum of

dollars ($____________________)
for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally.

WHEREAS, the Principal has entered into a certain Contract with the City, dated _________________, 20_____, a copy of which is hereto attached and made a part hereof, NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the prosecution of the work under the Contract, in default of which such persons shall have a direct right of action hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. No modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City shall in any way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification, extension, or forbearance is hereby waived.

IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seals hereto, this ________ day of _______________,20_______.

In the presence of:

WITNESS:
____________________________________
________________________________(SEAL)
(Individual Principal)
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)

Ukiah Electric Utility Fire Mitigation Fuel Reduction Project 64 Spec. No. 23-13 WITNESS:
____________________________________
______________________________(SEAL)
(Corporate Principal)
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
ATTEST:

________________________________
(Corporate Principal) Affix
Corporate
Seal
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
ATTEST:
____________________________ ________________________________ Affix (Corporate Surety) Corporate
Seal
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
The rate of premium on this bond is $___________________________ per thousand.

The total amount of premium charges is $____________________________.. (The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be attached).
(CERTIFICATE AS TO CORPORATE PRINCIPAL)
I,_________________________________________, certify that I am the ______________________________ Secretary of the corporation named as Principal in the foregoing bond; that _______________________________________, who signed the said bond on behalf of the Principal, was then ____________________________________________ of said corporation; that I know his signature, and that his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said corporation by authority of its governing body.
____________________________________________ Affix Corporate Seal

Ukiah Electric Utility Fire Mitigation Fuel Reduction Project 65 Spec. No. 23-13

DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND

1. Individual sureties, partnerships, or corporations not in the surety business will not be acceptable.

2. The name of the Principal shall be shown exactly as it appears in the Contract.

3. The penal sum shall not be less than required by the Specifications.

4. If the Principals are partners or joint venturers, each member shall execute the bond as an individual and state his place of residence.

5. If the Principal is a corporation, the bond shall be executed under its corporate seal.

If the corporation has no corporate seal, it shall so state and affix a scroll or adhesive seal following the corporate name.

6. The official character and authority of the person(s) executing the bond for the Principal, if a corporation, shall be certified by the Secretary or Assistant Secretary thereof under the corporate seal, or copies attached to such records of the corporation as will evidence the official character and authority of the officer signing, duly certified by the Secretary or Assistant Secretary, under the corporate seal, to be true copies.

7. The current power-of-attorney of the person signing for the surety company must be attached to the bond.

8. The date of the bond must not be prior to the date of the Contract.

9. The following information must be placed on the bond by the surety company:
a. The rate of premium in dollars per thousand; and
b. The total dollar amount of premium charged.

10. The signature of a witness shall appear in the appropriate place attending to the signature of each party of the bond.

11. Type or print the name underneath each signature appearing on the bond.

12. An executed copy of the bond must be attached to each copy of the Contract (original counterpart) intended for signing.

Ukiah Electric Utility Fire Mitigation Undergrounding Project 66 Spec. No. 23-08

CITY OF UKIAH
Mendocino County, California

DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND

KNOW ALL MEN BY THESE PRESENTS,
That we, _____________________________________________________________________ __________________________________________________________________, as PRINCIPAL and__________________________________________________________________________ ___________________________________________________________________, as SURETY, are held and firmly bound unto the City of Ukiah as Obligee, in the penal sum of ___________________________________________________________________________________ _________________________________________________________($____________________), (5 PERCENT OF THE FINAL CONTRACT AMOUNT)
to which payment well and truly to be made, we do bind ourselves, our and each of our heirs, executors, administrators’ successors and assigns jointly and severally, firmly by these presents.

WHEREAS, the said Principal entered into a Contract with the City of Ukiah dated_________________________
for _________________________________________________________________________________ ____________________________________________________________________________________ WHEREAS, said Contract has been completed, and was approved on the ______ day of ___________, _________,
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall guarantee that the work will be free of any defective materials or workmanship which become apparent during the period of one (1) year following completion of the Contract, then this obligation shall be void, otherwise to remain in full force and effect, provided however, any additional warranty or guarantee whether expressed or implied is extended by the Principal or Manufacturer only, and the surety assumes no liability for such a guarantee.

Signed, sealed, and dated this __________ day of ____________, 20_____. __________________________________________________(Seal) BY:_______________________________________________(Seal) __________________________________________________(Seal) Principal
__________________________________________________(Seal) BY:_______________________________________________(Seal) __________________________________________________(Seal) Surety

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 );-
:1/5-,

Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, © OpenStreetMap contributors, and the GIS User Community BY
CHECK
DATE
REUSE O F DO CUMENTS: Th is do cu m e nt and t h e ide as and de sig n inco rp o rate d h e re in, as an in stru m e nt o f p ro fe ssio nal se rvice , is t h e p ro p e rty o f LACO Asso ciate s and sh all n ot be re u se d in wh o le o r p art fo r any ot h e r p ro je ct with o u t LACO Asso ciate s e xp re ss writte n au t h o rizat io n.

EUREKA ● UKIAH ● SANTA RO SA
LACO 1-800-515-5054 www.laco asso ciate s.co m

PRO JECT
CLIENT

LO CATIO N
FIGURE
JO B NO .

Date: 7/2/2019 Time: 8:38:05 PM
Path: P:\6800\6883 City of Ukiah\6883.35 Electrical Utilities Hardening HMGP\12 Figures_Maps\GIS\Maps\Site_location.mxd CO NTRO L NO .: 0382 05/03/2019
6833.35
0 0.5
Mile s

UKIAH ELECTRIC UTILITY FUEL REDUCTIO N
AND UNDERGRO UNDING; DISASTER NUMBER: DR4407
JRG
JB 1
| APPLICANT CITY O F UKIAH
^
Sources: Esri, USGS, NOAA
Ap p roxim ate
Stag ing Are a

39.1611 N
-123.2270 Eo
o

39.1614 No
-123.1979 Eo

39.1332 N
-123.2266 Eo
o

39.1335 N
-123.1975 Eo
o

LO CATIO N AND SITE MAP
LEGEND

PARCELS PRO TECTED BY PRO JECT

APPRO XIMATE STAGING AREA

UNDERGRO UND PRIO RITY AREAS

TREE TRIMMING PRIO RITY AREAS
Ukiah

APPENDIX A

CITY OF UKIAH

TREE MANAGEMENT

GUIDELINES

TREE MANAGEMENTPOLICIES FOR THE PROTECTION,

OPERATION AND MAINTENANCE OF CITY PROPERTY
Adopted12-01-10 & Revised 11-19-14

APPENDIX B

2 City of Ukiah Tree Management Guidelines

TREE MANAGEMENTGUIDELINES AND POLICIES

FOR THE OPERATION AND MAINTENANCE OF CITY

PROPERTY

1.0 PURPOSESTATEMENT
The purpose of this document is to provide policy guidelinesfor 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 Cityof Ukiah GeneralPlanGrowth ManagementProgramadoptedby theCityCouncilDecember6,1995and amendedJune16,2004and the CityofUkiahCommunityForestManagementPlan,adopted by the City Council on November 3, 1993. “Treesareapreciouslegacywhichimproveourqualityoflifeandenhanceourcommunity imageand pride.Treesenrichairandwaterquality,providewildlifehabitat,increaseaesthetic value,reducesoil erosion, andhelpustomaintainasenseofruralcommunity.”
Community Forest Management Plan Vision Statement

2.0 DEPARTMENTSAFFECTED

2.1 Community Services Department

2.2 Public Works Department

2.3 Electric Utility Department

2.4 Planning and Community DevelopmentDepartment

2.5 Ukiah Municipal Airport

3.1 RESPONSIBILITY
The department directorsshall 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 Councilshall approve any significant amendmentsor changesto theTreeManagementGuidelinesandPoliciesproposedby staff and community partners before they are adopted.

3.2 The Directors of the departments are responsible for the preservation, care and maintenance of trees as follows:

3.2.1 Community Services Department is responsible for all treesin public parks including the CommemorativeProgram trees.

3.2.2 Public Works Department is responsible for all trees in the public right of way and creeks.

3.2.3 Electric Utility Department is responsible for trimming of trees to maintain clearance from primary electric lines and facilities

3.2.4 Planning and Community Development Department is responsible for oversight of all landscaping plansfiled by the applicant.

3.3 Partnerships: Volunteers and/or community groups shall be important partnersto achieve objectivesfor urban forestry.

3 City of Ukiah Tree Management Guidelines

TREE MANAGEMENTGUIDELINES AND POLICIES

FOR THE OPERATION AND MAINTENANCE OF CITY

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4.0 TRAINING
City staff shall receive training on all procedures listed in this document, including on-site classes and/or training provided by Mendocino College and assorted qualified arboricultural professionals on a regular schedule to ensure that proper methods are utilized.

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/Summerto train for the growing season. Workshops will include, but not limited to:
properseasonal maintenance; best practicesfor 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 POLICYGOALS
The Tree Management Guidelinesfocus on long-term protection of the City’strees 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 policiesshall remain in effect, however, they will be subject to change based upon arboriculturalstandards, community input and staff recommendations.

Suggestionsfor changesto the Guidelines must be submitted in writing to a department director. They will then be discussed with community partners and staff and then submitted to the City Council for approval.

6.1 GUIDELINESFOR 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 concernsshall receive priority. In addition, priority will be given to limiting removal, increasing forest canopy, and preserving appropriate vegetation on park property.

6.2 Tree Preservation: The health and physicalstate of treesshall be maintained and protected whenever possible. Instances not specifically covered elsewhere in this policy include:

4 City of Ukiah Tree Management Guidelines

TREE MANAGEMENTGUIDELINES AND POLICIES

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6.2.1 Conservation of Landmark Trees: These are individual trees that are considered unique because of size, species, historical significance, and shall be given extra protections and consideration for retention. Refer to the Glossary of Terms.

6.2.2 Conservation of Commemorative Program Trees: These are individual trees or groves purchased by someone from the City of Ukiah to memorialize an individual or group.

Refer to the Glossary of Terms.

6.2.3 Existing Trees: Staff shall change use patternsin root zones whenever practical. For example: Vehicles parked or materialsstored 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 deterrentsto reduce further damage and shall be used whenever practical.Refer to ISA BMP Integrated Vegetation Management.

6.2.4 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 areasshall 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 expertsshall be consulted as needed. Referto ISA BMP Integrated PestManagement;CityofUkiah 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 damagesshall 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 preventstree 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 chancesfor optimum growth potential. Refer to the Cityof Ukiah’sMasterTreeList;CityofUkiahTreePlantingand MaintenanceRecommendations; ISABMPTreePlanting; and ISABMPTree SupportSystems.

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

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

5 City of Ukiah Tree Management Guidelines

TREE MANAGEMENTGUIDELINES AND POLICIES

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6.3.1.1 Soil Compaction: Every effortshall 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 materialsuch as mulch and leavesshall not be removed
under the tree canopy.

6.3.1.3 Crewsshall, when feasible and practical, establish and maintain the areas under tree canopiesfree 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 equipmentshould 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 materialsis 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 blowersis discouraged. Leaf blowersshould not be used to blow debris with native soil.

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

6.3.1.8 Stakes: In the unusualsituation when stakes are needed they should be driven in outside the root ball. ISA BMP Tree Support Systemsshall be followed.

6.4 Construction around Trees: Protection devicesshall 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, changesin soil grade, digging, or other disturbances.

Protective fencing and warning signage will be required around the root zone. All tree protection devicesshall 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 ISABMP Managing Trees During Construction and ANSI Construction Management andStandard.

6 City of Ukiah Tree Management Guidelines

TREE MANAGEMENTGUIDELINES AND POLICIES

FOR THE OPERATION AND MAINTENANCE OF CITY

PROPERTY

6.5 Consultationwith 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 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 sectionsto 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 by a private property owner. 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 areasidentified as places of illegal or inappropriate activity in order to improve general visibility 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 such activitiesshall occur between September 1st and March 31st. 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: 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 woundsto the branches or top, it can also sustain woundsto the trunk. Therefore, these policiesshall 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.

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.

7 City of Ukiah Tree Management Guidelines

TREE MANAGEMENTGUIDELINES AND POLICIES

FOR THE OPERATION AND MAINTENANCE OF CITY

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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 and/or injury by a qualified arboricultural professional. The components of the assessmentshall include tree health,species profile,site factors, history of failures, tree defects/conditions, target assessment,risk categorization, mitigation options and recommend inspection intervals when warranted.

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

7.1 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:

7.1.1 Treesthat pose substantial risk or hazard to the public, adjacent properties or to public facilities.

7.1.2 Dead, dying or diseased trees.

7.1.3 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 developmentrather than attemptingmitigation.

7.1.4 Treesthat block trails, drains or otherwise obstruct the use and function of infrastructureelements.

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

7.1.6 Removal requested by a private property owner. However,such requests do not obligate the City of Ukiah to remove or allow removal of any trees, shrubs, and/or vegetation.

7.1.7 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 parksis encouraged.

7.1.8 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

8 City of Ukiah Tree Management Guidelines

TREE MANAGEMENTGUIDELINES AND POLICIES

FOR THE OPERATION AND MAINTENANCE OF CITY

PROPERTY
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. When feasible, the Director will consult with the City’s Tree Advisory Committee for additional input. The Director’s decision on an appeal is the final administrative determination.

The Director’sfinal determination may be appealed to the City Council. The appeal must be filed with the City Clerk’s Office within 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 in Section 6.9.2.

7.2 Tree Replacement: At least one tree shall be planted for every tree that is removed from City property. Replacement tree speciesshall 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 previoustree’sfailure (See Section 6.2). New locationsshould 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 wheneverfeasible.

7.3 ReplacementPlantings: The City shall undertake the task of replacement plantingsto 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 effortshall 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.

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

7.5 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 documentshall remain flexible to incorporate needed changes.

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

9 City of Ukiah Tree Management Guidelines

TREE MANAGEMENTGUIDELINES AND POLICIES

FOR THE OPERATION AND MAINTENANCE OF CITY

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9.2 CommemorativeProgram Tree Program provides an opportunity for the public in celebrating an event or memorializing a loved one by the planting of a young tree or trees 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 tree species, dedicated individual or group and the name of the donor.

9.3 Developed landscape is property that has been graded and/or planted, and contains plantingsthat are distinct from typical native forest. These active and/or passive recreational landscape areas are routinely maintained by park staff for public use.

Developed landscapesshall include, but are not limited to: lawns, athletic fields, boulevards, golf coursesincluding pitch and putt, lawn bowling greens, play areas, squares, places, triangles, and swimming beaches.

9.4 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.

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

9.6 Landmark Trees are individual trees that have been designated as unique because of size, historical/commemorativeassociation, and distinct form, as an outstanding specimen or are important for wildlife habit. Such trees will be given extra protection and consideration for retention. Rules and regulationsfor landmark trees are defined in the City’s Landmark Tree Program and/or DowntownZoningCode.

9.7 Topping is the removal of the terminalshoot 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.

9.8 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.

9.9 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.

9.10 Qualified Arboricultural Professional is a tree care professional with a minimum of two years of 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.

9.9.1 UndevelopedLandscape 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 City of Ukiah Tree Management Guidelines

TREE MANAGEMENTGUIDELINES AND POLICIES

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10.0 ADDITIONALRESOURCES
Additional City and other tree-related documentsthat incorporate tree guidelines are available electronically through the Intranet. The Department Directorshall provide the The International Society ofArboricultureBestManagementPracticebooklets,AmericanNationalStandards Institute related documents and Mendocino County ReLeaf materialsto their employees.

These documents are:
• Municipal Code 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 MaintenanceRecommendations
• Master Tree List
• Integrated Pest Management Plan, Community Service Department • Creek Maintenance Policies & Procedures
• Form Based Zoning Preservation Tree List
• General Plan, Open Space and Conservation Element, adopted 12/6/1995; amended 6/16/2004
• Landscaping and Streetscape Design Guidelines
• CommercialDevelopment Design Guidelines
• International Society of Arboriculture Best Management Practices(ISA BMP): Managing Trees DuringConstruction; Tree Pruning; Integrated Pest Management; Tree Support Systems; Utility Pruning of Trees; Tree andShrub Fertilization; TreePlanting; Tree Inventories; Integrated Vegetation Management
• AmericanNationalStandardsInstitute(ANSI):ConstructionManagementStandards • MendocinoCounty ReLeaf Tree Care Guide
• Hillside Ordinance 9135

1 Landmark Tree Program Guidelines
and Policies
November 19, 2014

1.0 PURPOSESTATEMENT
The purpose of this document is to provide policy guidelines for the preservation, maintenance and enhancement of our urban forest with particular attention to noteworthy trees or “landmark trees” as defined in Section 2.0.

The Landmark Tree Program (LTP) includes specific trees within the city limits on public property, but also extends to private property for owners who wish to participate on a voluntary basis. This program complements the Downtown Zoning Code (DZC) Designated Landmark Trees, but does not supersede the rules and regulations identified for those specific trees (UCC Section 9229.3 Table 19) detailed in the DZC.

2.0 DEFINITION
The definition for landmark trees from the Downtown Zoning Code (10.030 B Article 18 Section 10), shall be used:

Landmark trees are specific trees selected as worthy of landmark status based on one or more of the following characteristics:
1) an outstanding specimen of a species desirable to the community 2) one of the largest or oldest trees in the City of Ukiah 3) historical/commemorativeinterest
4) distinctive form and/or aesthetic appeal and/or
5) environmental value, including importance as habitat for wildlife.

3.0 BENEFITS OF THE PROGRAM
Benefits to the City of Ukiah
A LTP would help the City obtain the coveted certification, "Tree City USA" from the Arbor Day Foundation and improve grant funding opportunities. The identification and acknowledgement of landmark trees will also help the City, businesses and private owners garner support and recognition for the care and maintenance of trees which benefits the community at large.

Benefits to Property Owners
Owners will receive acknowledgement and appreciation for their effort. The City of Ukiah will provide a certificate to the participating property owner. Well-maintained trees add to property values. Trees provide shade and can reduce cooling and heating bills.

Benefits to the Community
The LTP will help maintain and expand the City’s urban forest by increasing awareness of trees and their benefits.

Neighborhoods with good tree canopies improve people’s wellbeing and reduce crime; business districts with treelined streets have increased activity.

APPENDIX C

2 4.0 POLICY GOALS
The LTP focuses on the economic, environmental, historic and aesthetic value specific trees have in the City’s urban forest. This includes trees in public areas and trees on private property where the owner voluntarily participates in the program.

The policy goals of the LTP are consistent with the following:
• City of Ukiah General Plan Open Space Conservation Element (1993): OC-22: Conserve and replenish valley oaks in the Valley; OC-23: Native plant landscaping shall be encouraged; OC-25: Maintain and enhance the City’s canopy of shade trees.
• City of Ukiah Tree Protection and Enhancement Policy, November 1993 • City of Ukiah Tree Planting and Maintenance Recommendation, November 1993 • Community Forest Management Plan, 1994
• City of Ukiah Landscaping and Streetscape Design Guidelines, 1996 • Ukiah Municipal Code, Chapter 5, Sidewalks/Street Trees. Article 2. Street Tree Policy Purpose and Intent) • Tree Management Guidelines, December 1, 2010
• City of Ukiah Downtown Zoning Code, 2012

5.0 ADMINISTRATION

DEPARTMENTS AND RESPONSIBILITIES

5.1 Community Services Department

5.2 Public Works Department

5.3 Electric Utility Department

5.4 Planning and Community Development Department

5.5 Ukiah Municipal Airport
The department directors shall be responsible for the implementation of the LTP and all staff and contractors shall be trained in and shall abide by these guidelines and policies outlined in this document.

City Council shall approve any significant amendments or changes to the LTP proposed by staff and/or community partners before they are adopted.

5.1 The City Manager or designee is the primary administrator of the program. However, directors of the departments are responsible for the preservation, care and maintenance of trees in the public and private sphere as follows:

5.1.1 Community Services Department is responsible for all trees in public parks.

5.1.2 Public Works Department is responsible for all trees in the public right of way, creeks and drainages including wetlands.

5.1.3 Electric Utility Department is responsible for the trimming of trees to maintain clearance from primary electric lines and facilities.

5.1.4 Planning and Community Development Department is responsible for the oversight of all trees and landscaping plans filed by the applicant.

5.1.5 The Airport Manager is responsible for all trees on Airport property.

3 5.2 Partnerships: Volunteers and/or community groups (i.e. Mendocino ReLeaf and Tree Advisory Group) shall be important partners to achieve the objectives of urban forestry.

6.1 PROCEDURES
For a specific tree, grouping of trees or grove for enrollment in the LTP requires the completion of a nomination form signed by the nominee/property owner. Nomination forms are reviewed by the Tree Advisory Group and then forwarded with written recommendation to the City Manager or designee for review and then to the City Clerk for the City Council consent calendar.

6.2 City staff and the public are encouraged to nominate specific trees for inclusion in the LTP by completing a nomination form. Electronic nomination forms are available on the City’s website or can be obtained from the City Clerk.

The nomination form requires a submitted photo of the tree. Information shall include the following: name of parcel owner; address; email address, if applicable; specimen; location map or illustration; reason(s) why tree(s) should be preserved. All nominations shall be submitted to the Tree Advisory Group for a recommendation. The recommendation is then forwarded to the City Council for consideration and/or adoption.

6.3 A listed landmark tree will be recorded by the City of Ukiah, identified on a map with location and description (i.e. Google Earth) and added to the City’s website.

6.4 Partners from Mendocino ReLeaf and/or Tree Advisory Group will provide an annual docent led walking tour and/or provide a self-guided brochure for interested parties.

6.5 Staff will provide notification of the LTP activity by mailing an announcement of the annual walking tour. Notification will occur at least a month prior to the tour (i.e. City of Ukiah RecreationGuide,monthlyutilitybill)

6.6 An annual press release to local media about the purpose of the program, number of participants, location of the tree (with participant’s permission), species and a website link for recruiting future participants.

7.0 PROTECTION
All participants including the City, a business or homeowner enrolled in the program agree to maintain and care for their tree responsibly and will receive a letter of acceptance. Suggestions for healthy tree care are outlined in the Tree Management Guidelines and may be obtained electronically.

Person or persons shall be prohibited from damaging a landmark tree through excessive watering or pruning or root compaction/destruction. Extra care shall be employed to protect landmark trees during construction (see the Tree Management Guidelines, Section 3.0).

All requests for tree removal or withdrawing from the LTP shall be in writing and submitted to the City Council and thereby forwarded to the Tree Advisory Group which will then forward a written recommendation to the City Council.

A ten (10) day noticing period of the item appearing on the City Council’s agenda is required. The placement of the notice will be posted at the nearest public boundary line located closest to the tree(s).

4 Circumstances not requiring City Council approval for tree removal are as follows:
1) due to emergency situations and/or
2) traffic visibility obstructions and/or
3) public utility damage and/or
4) damage to the building foundation.

9.1 SUMMARY
The City of Ukiah intends that the guidelines and procedures of the Landmark Tree Program shall remain in effect, however, they are subject to change based upon arboricultural standards, community input and staff recommendations. Suggestions for changes to this document must be submitted in writing to the City Manager or designee. Changes will then be discussed with community partners and staff with recommendations and forwarded to the City Council for approval.

10.0 ADDITIONALRESOURCES
Additional City and other tree-related documents that incorporate tree guidelines are available electronically through the Intranet/Internet. These documents are:
• Municipal Code 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, 2012
• Tree Management Guidelines, 2010
• Integrated Pest Management Plan, Community Service Department • Creek Maintenance Policies & Procedures, 2009
• Downtown Zoning Code Landmark Tree Program and Preservation Tree List, 2012 • General Plan, Open Space and Conservation Element, adopted 12/6/1995; amended 6/16/2004 • Landscaping and Streetscape Design Guidelines
• Commercial Development Design Guidelines
• International Society of Arboricultural Best Management Practices(ISA BMP): Managing Trees DuringConstruction;TreePruning;IntegratedPestManagement;TreeSupportSystems;Utility PruningofTrees;TreeandShrubFertilization;TreePlanting;TreeInventories;Integrated Vegetation Management
• AmericanNationalStandardsInstitute(ANSI):ConstructionManagementStandards • Mendocino County ReLeaf Tree Care Guide
• Hillside Ordinance 9135

5 Landmark Tree Program (LTP)
Landmark Tree Program Listings
PublicProperty
• Valley Oak, Quercus lobata, [#1], Observatory Park
• Redwoods, Sequoia semper virens, [#9], City Hall and Clay St (historic Campfire Girls beautification project in 1930s)
• Valley Oak, Quercus lobata, [#1], City Hall, 300 Seminary Ave • Valley Oak, Quercus lobata, [#1], Hudson Carpenter Park, N Main St • White Oak, Quercus, [#1], Todd Grove Park, northwest end between stage and picnic tables • American Persimmon grove, Diospyros virginiana, Carpenter Hudson park, S Main St PrivateProperty
• Black Oak, Quercus kelloggii , [#1], 1033 W Standley St • Bay Laurel, Umbellularia californica, [#1], 304 Hortense St Other Trees with Special Designations
Landmark Trees within DZC Boundary
Downtown Zoning Code Tree Landmark Tree List, Adopted by the City Council on August 1, 2012. These trees are subject to the rules and regulations detailed in the Downtown Zoning Code and not the guidelines and policies detailed in this document.
• Valley Oak, Quercus lobata, [#6], 225 E Perkins St
• Coast Redwood, Sequoia sempervirens, [#4], 410 E Perkins St • Coast Redwood, Sequoia sempervirens, [#11], E Perkins St at Pear Tree Ctr • Lebanon Cedar, Cedrus libani, [#2], E Perkins St at Pear Tree Ctr • Valley Oak, Quercus lobata, [#2], 324 N Main St
• Valley Oak, Quercus lobata, [#1], 320 Main St
• Coast Redwood, Sequoia sempervirens, [#1], 220 Mason St • Coast Redwood, Sequoia sempervirens, [#1], 100 block of Norton St, • Canyon Live Oak, Quercus chrysolepis, [#1], 400 block N School St, east side in parking lot • Coast Redwood, Sequoia sempervirens, [#1], 400 block N School St, eastside in parking lot • Valley Oak, Quercus lobata, [#2], 400 block N School St parking lot, eastside in parking lot • Interior Live Oak, Quercus wislizanli, [#2], 400 block N School, east side in parking lot • Coast Redwood, Sequoia sempervirens, [#6], @ 216 W Henry St, (Foundation for Medical Society) • Cork Oak, Quercus suber, [#1], 107 S Oak St, (Saturday Afternoon Club) • Coast Redwood, Sequoia sempervirens, [#2], 107 S Oak St (Saturday Afternoon Club) • Coast Redwood, Sequoia sempervirens, [#1], 108 S Oak St • Coast Redwood, Sequoia sempervirens, [#2], 265 Clay St • Riparian trees within the Gibson Creek corridor; [#], Perkins St to Leslie St (includes: Willows, salix varieties; Cottonwoods; Black Walnut; Interior Live Oak, Quercus wislizanli, Black Oak; Valley Oak, Quercuslobata) • Dawn Redwood, Metasequoia glyptosroboides, [#2], Corner of Standley and School St, in front of courthouse
• Oak, Quercus, [#1], N State St, in front of courthouse • Tulip Magnolia, Magnolia soulangiana, [#2], N State St, southeast corner in front of courthouse • Southern Magnolia, Magnolia grandiflora, [#2], N State St, in front of courthouse

Benefits
Certificate of Recognition presented to owner
Landmark Tree designation for the life of the tree
Well maintained trees add to property value Trees provide shade and can reduce cooling  and heating bills
Nomination form
Site map of tree location
Picture of the tree(s)
Brochures, newspaper clippings, or other supportive
documentation
Historical data or other significant information
related to the tree
Property owner consent
Submit Completed Nomination
City of Ukiah
Community Services Department
411 West Clay Street
Ukiah, California 95482
Attention: Landmark Tree Program
(707) 463-6231
Check List
Tree
Program
(707) 463-6231
www.cityofukiah.com
Property Owner Consent
Property Owner Name
Address
City, State Zip
Home Phone
Email
I hereby authorize the City of Ukiah and/or their agents the right to enter onto my property to view a tree
being submitted for nomination. I hereby give my
consent to allow the public the opportunity to view the nominated tree on my property from the public street
right‐of‐way if Landmark Tree status is obtained.

Property Owner Signature
Date

City of Ukiah Tree Advisory Group
Landmark Tree Program
The Landmark Tree Program was created by the Tree Advisory Group of the City of Ukiah to identify remarkable trees within Ukiah.

The program accepts trees that are outstanding specimens; are the largest or oldest in the city; have historic interest; have distinctive form or aesthetic appeal; have environmental value.

The Landmark Tree Program includes specific trees within the city limits on public property but also extends to private property for owners who wish to participate on a voluntary basis.

Highlight and justify the specific reason(s) you think the tree is significant. Include any documents like newspaper clippings , brochures or other historical documentation.

Significance of Tree/Grove
Nomination Form

TREE LOCATION
Please include map of property and photo

COMMON NAME OF TREE
TREE CATEGORY Specimen Size/Age Historic Interest Aesthetic Appeal Environmental Value Pick all that apply. If other, please explain.

Nominator Date Submitted
Address
Home Phone Cell Phone Email
Tree Owner Name
(if different than nominator)
Address
Home Phone Cell Phone Email

The City of Ukiah
hereby presents this certificate to
For (name of tree)
Selected as a 201X Ukiah Landmark Tree
XXXXXX
Mayor
Linda Sanders
Tree Advisory Group Coordinator

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Agenda Item No: 12.a.

MEETING DATE/TIME: 9/20/2023

ITEM NO: 2023-3009

AGENDA SUMMARY REPORT
SUBJECT: Possible Adoption of a Resolution of the City Council Declaring the Property at 725 Porzio Lane a Public Nuisance and Intent to Commence Abatement Proceedings.

DEPARTMENT: City Attorney PREPARED BY: Darcy Vaughn, Assistant City Attorney PRESENTER: Sean Connell, Code Enforcement Officer; Darcy Vaughn, Assistant City Attorney
ATTACHMENTS:

1. Resolution- 725 Porzio Lane Public Nuisance Declaration

2. 725 Porzio Lane Site Photographs

3. 725 Porzio Lane (aka 145 Porzio) Incident Reports
Summary: Council will conduct a public hearing and consider adopting a Resolution of the City Council declaring the property at 725 Porzio Lane a public nuisance and the City's intent to commence abatement proceedings.

Background: The dilapidated residence located at 725 Porzio Lane (Property) has been neglected and has deteriorated to a point at which conditions on the property constitute numerous City Code and Building Code violations. The City's Code Enforcement Officer has, starting on March 22, 2023, duly notified the last known property owner of the Code violations on the Property and the need to abate the nuisance conditions on the property. However, even after publishing a notice in the Ukiah Daily Journal in April, 2023 seeking information on the current owner of the Property, Staff has been unsuccessful in reaching and receiving a response from the property owner. No response has been received from the owners and no measures have been taken to correct the violations that constitute a public nuisance. To proceed in the public nuisance abatement process, the City must adopt a Resolution (Attachment 1) declaring the dilapidated residence on the Property to be a public nuisance and the City's intent to commence with abatement proceedings.

The abatement proceedings could result in full correction of the violations, but will more likely result in the demolition of the structure. The costs associated with either alternative would ultimately be the responsibility of the property owner.

Discussion: THE CONDITION OF THE BUILDING:

Attachment 2 to this Report includes photographs depicting conditions at the Property. It is unknown precisely when the building was last occupied and used, but the building was unoccupied two (2) years ago when the City Building Official Staff red-tagged the building due to the fact that persons had illegally tapped into the building’s electrical system to power personal devices and appliances. A comprehensive inspection of the building in January, 2023 revealed very dilapidated and unsafe conditions. The abandoned structure has deteriorated wood, visible dry rot, broken windows, mold, deteriorated flooring and floor supports, deteriorated ceilings and roof supports, sections of collapsed roof, significant ongoing water damage that is beginning to compromise the structural integrity of the building, and fire damage from arson fires. While the residence is currently secured against unauthorized entry through the use of boards on the building entry points and fencing around the Property, trespassers have deposited garbage and trash in the structure that has not yet been removed, which poses a threat to public health and safety. Moreover, prior to the Code Enforcement

Officer securing the Property, the Property was a known fire hazard due to frequent arson fires set by trespassers, as well as due to unsafe and unpermitted use of the Property’s electrical system. Attachment 3 lists incident reports for the arson events at the Property, which was then listed as 145 Porzio Lane as indicated on the second page of Attachment 3. Accordingly, the abandoned residence on the Property clearly constitutes a blighted building and a public nuisance in accordance with City Code Section 3402 (C), (D), (H), and (S). The condition of the structure also violates section 116 of the California Building Code because the dilapidated residence is inadequately maintained and unsecured and therefore unsafe; the structure is unsanitary because of the presence of trash, garbage, and debris. For all of these reasons, the property and dilapidated building constitute a nuisance as defined in Ukiah City Code section 3300 and Health and Safety Code Section 17920.

THE ABATEMENT PROCESS:

There are a number of procedural steps contained in the City Code and the CA Health and Safety Code that the City is required to take in order to declare a building a nuisance and seek the repair, rehabilitation or demolition of the structure. These steps include:

1. The City Council conducts a public hearing and adopts a Resolution declaring the building a public nuisance, its intent to commence with the abatement process, and orders the property owner to abate the nuisance conditions.

2. The Resolution is posted on the Property, along with a public notice of a public hearing to order the abatement. The Resolution and Notice are also sent to the property owner. ·

3. If the property owner, after 30 days, has not abated the nuisance conditions, the City Council conducts a public hearing and adopts another resolution (Repair Resolution) ordering the Public Works Department to repair, rehabilitate, or demolish the building after an additional 30 days if the property owner continues to disregard the nuisance conditions.

4. The Repair Resolution is sent to the property owner.

5. If the owner does not act to repair, rehabilitate or demolish the building, the Public Works Department arranges to do so.

6. The Director of Public Works Department maintains a detailed accounting of the cost to repair, rehabilitate or demolish the building.

7. The Director of Public Works posts an itemized report of the costs on the property and sends it to the property owner five days prior to submitting it to the City Council.

8. The City Council conducts a public hearing to discuss the results of the Public Works report and adopts a Resolution confirming the report.

9. An assessment of the cost is placed on the property in the form of a Special Assessment Lien due with the next regular tax bill.

CONCLUSION:

The Property has been unoccupied for at least two years, has fallen into a dilapidated condition, and now represents a public nuisance. Efforts to correct violations in the past have been marginally successful and the building has continued to degrade into its current dilapidated and unsafe condition. The building has become a significant eyesore in the historic downtown, and conflicts with the City's plans to revitalize the downtown and promote positive economic development. The condition of the building is in violation of various sections of the Ukiah City Code, California Building Code, California Fire Code, and the State Health and Safety Code.

Council will conduct a public hearing and consider adopting a Resolution of the City Council declaring the property at 725 Porzio Lane a public nuisance and the City's intent to commence abatement proceedings.

Recommended Action: Adopt the Resolution of the City Council Declaring the Property at 725 Porzio Lane a Public Nuisance and the City's Intent to Commence Abatement Proceedings 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: Sean Connell, Code Enforcement
DIVERSITY-EQUITY INITIATIVES (DEI):N/A
CLIMATE INITIATIVES (CI):N/A
GENERAL PLAN ELEMENTS (GP):N/A

ATTACHMENT 1
1 RESOLUTION NO. 2023-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH DECLARING THE PROPERTY LOCATED AT 725 PORZIO LANE A PUBLIC NUSIANCE AND ITS INTENT TO COMMENCE ABATEMENT PROCEEDINGS PURSUANT TO UKIAH CITY CODE SECTIONS 3300 ET SEQ.

WHEREAS:

1. The property located at 725 Porzio Lane in the City of Ukiah and also known as Mendocino County Assessor's Parcel Number 003-040-66-00 and the dilapidated residence located thereon ("the Property") are and have been for a substantial period of time a public nuisance; and

2. The Property contains one dilapidated residence of approximately 1,000 square feet, and consists of one story. It is unknown when the building was last occupied and used, but the building was unoccupied two (2) years ago when the City Building Official staff red-tagged the building due to the fact that persons had illegally tapped into the building’s electrical system to power personal devices and appliances. Inspections of the property by the City Building Official and Code Enforcement Officer in May, 2023 have determined that the building on the Property constitutes a public nuisance in that: (1) The dilapidated residence is an abandoned unsafe structure that has deteriorated wood, visible dry rot, broken windows, mold, deteriorated flooring and floor supports, deteriorated ceilings and roof supports, sections of collapsed roof, significant ongoing water damage that is beginning to compromise the structural integrity of the building, and fire damage from arson fires; (2) while the residence is currently secured against unauthorized entry through the use of boards on the building entry points and fencing around the Property, trespassers have deposited garbage and trash in the structure that has not yet been removed, which poses a threat to public health and safety; and (3) prior to the Code Enforcement Officer securing the Property, the Property was a known fire hazard due to frequent arson fires set by trespassers, as well as unsafe and unpermitted use of the Property’s electrical system; and

3. The conditions on the Property violate Section 116 of the California Building Code for dangerous buildings because the dilapidated residence is unsecured and therefore unsafe; the structure is unsanitary because of the presence of trash, garbage, and debris, and the structure has no lighting. For all of these reasons, the property and dilapidated residence constitute a nuisance as defined in Ukiah City Code section 3300 and Health and Safety Code Section 17920; and

4. A detailed letter, Notice of Substandard Building, and an order to abate the violations, dated January 13, 2023 was sent via certified mail to the last known owner of the Property and posted onsite, and no response has been received from the property owner; and

5. A second notice was sent via certified mail and posted on March 22, 2023, and legal notice seeking to establish the legal owner(s) of the Property was duly published in the Ukiah Daily Journal on May 1, 2023, and no response to either notice was received from any Property owner; and

6. Despite efforts to gain voluntary compliance with the applicable codes and ordinances, the property owner has failed and refused to clean up and adequately maintain the Property, repair and secure the residence and otherwise to abate the nuisance conditions on the Property; and

7. On information and belief, the City Building Official and Code Enforcement Officer have determined that it is likely that both the last known owner and her next of kin are deceased, and no heirs or assigns have responded to the published notices; and

ATTACHMENT 1
2 8. UCC Section 3301 authorizes the City Council to commence proceedings to abate a public nuisance by declaring the same and its intention to commence abatement proceedings; and

9. Such proceedings are authorized, whenever buildings are structurally unsafe, are partially destroyed by fire, or are dilapidated from old age, neglect, decay or other causes, and which constitute a fire menace or are dangerous to human life, or are a likely resort for vagrant or dissolute persons; and

10. The dilapidated conditions on the Property constitute. a public nuisance, a fire menace, are dangerous to human life, and the building was frequently broken into by trespassers prior to being secured, and should be abated as further provided herein.

NOW, THEREFORE, BE IT RESOLVED that:

1. The property located at 725 Porzio Lane (APN 003-040-66-00) is hereby declared to constitute a public nuisance as provided in Ukiah City Code § 3300.

2. The City Council intends to commence proceedings under Ukiah City Code §§ 3301-3310 to abate by repair, rehabilitation, removal or demolition the conditions on the Property that constitute a public nuisance.

3. The owner of the property is hereby ordered to abate the nuisance conditions on the property by repair, rehabilitation, removal or demolition of the conditions on the property that constitute a public nuisance, bring the structure into compliance with all applicable statutes, regulations and ordinances, and put the property in an orderly and clean condition that does not create an attractive nuisance, pose a risk of injury, cause visual blight or cause a safety hazard to the general public.

4. The City Clerk is hereby directed to forward a certified copy of this Resolution to the County Recorder of Mendocino County for recordation.

5. Notice of hearing shall be posted on the Property and given to the owner as shown on the last equalized assessment roll as provided in UCC §§ 3303-3305.

6. The City Council shall conduct the hearing required by law not sooner than thirty (30) days after the notices have been posted and served as required by law.

PASSED AND ADOPTED this 20th day of September, 2023, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mari Rodin, Mayor
ATTEST:

Kristine Lawler, City Clerk

ATTACHMENT 2

  


  



 

  
  



 




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Attachment 3

Agenda Item No: 13.a.

MEETING DATE/TIME: 9/20/2023

ITEM NO: 2023-2972

AGENDA SUMMARY REPORT
SUBJECT: Receive Report Regarding the Economic Development and Financing Corporation (EDFC); Consideration of Request for Funding from EDFC; and Authorize the City Manager to Negotiate and Execute Performance Agreement Between the City of Ukiah and EDFC in the amount of $12,455.25 for FY 2023-24.

DEPARTMENT: Economic
Development PREPARED BY: Shannon Riley, Deputy City Manager PRESENTER: Shannon Riley, Deputy City Manager
ATTACHMENTS:

1. Economic Development and Financing Corporation (EDFC) - Performance Agrmt 2223-081 - signed Summary: The Council will receive the annual report from Economic Development and Financing Corporation (EDFC); consider request for funding from EDFC; and consider authorizing the City Manager to negotiate and execute Performance Agreement between the City of Ukiah and EDFC.

Background: The Economic Development and Financing Corporation (EDFC) is a non-profit, tax-exempt Community Development Financial Institution (CDFI), founded in 1995, that engages in economic development activity in Mendocino, Lake, and Sonoma Counties. EDFC was formed through a partnership between Mendocino County’s four incorporated cities and the County to coordinate and support economic development activity Mendocino County-wide--and has now expanded its business into Lake County and Sonoma County. (Services for Sonoma County are paid for through a service contract.) When EDFC was formed, an assessment formula was developed by the participating entities—50 cents per capita for the County and 75 cents per capita for cities. Based on Ukiah’s population of 16,607, the contribution for 2023-24 would be $12,455.25. Noteworthy is the fact that, currently, Ukiah is the only entity in the county that is adhering to this funding formula. Other cities have provided funding intermittently and as funds are available; the County recently discontinued participation altogether, primarily due to budget constraints. In spite of this, City Staff is recommending continuation of support for this partnership with EDFC, as they provide critical financing and technical support for Ukiah businesses, as well as important linkages with other economic development entities. In light of these revenue shifts and the changing political climate, it is anticipated that EDFC will be evaluating their partnerships with other jurisdictions and their overall mission and, as a result, a different recommendation may come forth in the future. However, EDFC has continued to meet the conditions of their performance agreement with the City of Ukiah and provides significant business support in the community.

Discussion: Robert Gernert, Executive Director, will present EDFC’s year-to-date activities to the Council.

The 2022-23 agreement with EDFC is provided as Attachment 1. City of Ukiah Economic Development Staff monitors this agreement and serves on the EDFC board.

With the presentation of this year-to-date report, Staff has determined that EDFC has met the requirements of the 2022-23 performance agreement.

Council is asked to receive a brief presentation from EDFC and consider this request for funding in the amount

of $12,455.25. If so desired, the Council may direct the City Manager to negotiate and execute a performance agreement with EDFC for the 2023-24 fiscal year.

Recommended Action: Receive report regarding the Economic Development and Financing Corporation (EDFC) and authorize the City Manager to negotiate and execute Performance Agreement between the City of Ukiah and EDFC.

BUDGET AMENDMENT REQUIRED: No.

CURRENT BUDGET AMOUNT: 20012600.52100: $12,000
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.:

COORDINATED WITH: Economic Development and Financing Corporation DIVERSITY-EQUITY INITIATIVES (DEI):

CLIMATE INITIATIVES (CI):

GENERAL PLAN ELEMENTS (GP): GP-A2 - Economic Development Element

ATTACHMENT 1

Agenda Item No: 13.b.

MEETING DATE/TIME: 9/20/2023

ITEM NO: 2023-3004

AGENDA SUMMARY REPORT
SUBJECT: Consideration of Award of Bid for the Orr Street Bridge Deck Replacement, Specification No. 23-

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

1. Orr Street Bridge Replacement Spec No. 23-06 PLANS
Summary: Council will consider awarding a construction contract for the Orr Street Bridge Deck Replacement, Specification No. 23-06.

Background: The City of Ukiah received and implemented a Community Development Block Grant to fund a study of the Orr Street corridor, including the dilapidated bridge on Orr Street. Additionally, a City Council Ad Hoc Committee was formed to help provide direction on this item. In June 2023, the City Council approved the plans and specifications for the replacement of the deck on the Orr Street Bridge, and Staff released a request for bid on August 11, 2023. A copy of the plans can be found in Attachment 1.

Discussion: The bid notice was distributed to the Builder's Exchanges, as well as contractors on the Qualified Bidder's list. A mandatory pre-bid meeting was conducted on August 22, 2023. Bids are due and will be opened at 2 pm on September 19, 2023. Following the bid opening, Staff will be submitting a supplementary memo to Council with an award recommendation for consideration in time for the September 20, 2023, Council meeting.

The memo will be accompanied by the bid tabulation and the lowest responsive, responsible bidder's bid documents. Depending on the final bid amount, the recommended action will be adjusted to possibly include a budgetary recommendation.The project is scheduled for construction this fall.

Recommended Action: Award the bid for the Orr Street Bridge Deck Replacement, Specification No. 23-06.

BUDGET AMENDMENT REQUIRED: TBD
CURRENT BUDGET AMOUNT: TBD
PROPOSED BUDGET AMOUNT: TBD
FINANCING SOURCE: Orr Street Bridge Funds
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH:

DIVERSITY-EQUITY INITIATIVES (DEI): n/a
CLIMATE INITIATIVES (CI): n/a
GENERAL PLAN ELEMENTS (GP): n/a

EXISTING CONDITIONS AND DEMOLITION PLAN Ð

NEW BRIDGE DECK ASSEMBLY PLAN
DRAWN
DATE

APPROVED

JOB NUMBER
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TAH
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6883.37
SHEET NO. BY DATE HISTORY / REVISION 1-800-515-5054 www.lacoassociates.com LEUREKA ● UKIAH ● SANTA ROSA ACO CHK.

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C2.0 ORR STREET BRIDGE REHABILITATION CITY OF UKIAH, DEPARTMENT OF PUBLIC WORKS 300 SEMINARY AVENUE, UKIAH, CALIFORNIA 95482-5400 EXISTING CONDITIONS AND DEMOLITION PLAN, NEW BRIDGE DECKING PLAN 0 ISSUE ZH TAH 8-5-2019 1 MINOR REVISIONS ZH TAH 9-4-2019 3/16/2020 2 MINOR REVISIONS ZH TAH 3-16-2020

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DRAWN
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JOB NUMBER
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TAH
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6883.37
SHEET NO. BY DATE HISTORY / REVISION 1-800-515-5054 www.lacoassociates.com LEUREKA ● UKIAH ● SANTA ROSA ACO CHK.

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C3.0 ORR STREET BRIDGE REHABILITATION CITY OF UKIAH, DEPARTMENT OF PUBLIC WORKS 300 SEMINARY AVENUE, UKIAH, CALIFORNIA 95482-5400 GUARD RAILING PLAN & DETAIL 0 ISSUE ZH TAH 8-5-2019 1 MINOR REVISIONS ZH TAH 9-4-2019 3/16/2020 2 MINOR REVISIONS ZH TAH 3-16-2020

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DRAWN
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JOB NUMBER
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SHEET NO. BY DATE HISTORY / REVISION 1-800-515-5054 www.lacoassociates.com LEUREKA ● UKIAH ● SANTA ROSA ACO CHK.

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C4.0 ORR STREET BRIDGE REHABILITATION CITY OF UKIAH, DEPARTMENT OF PUBLIC WORKS 300 SEMINARY AVENUE, UKIAH, CALIFORNIA 95482-5400 BRIDGE STRUCTURAL FRAMING PLAN AND DETAILS 0 ISSUE ZH TAH 8-5-2019 1 MINOR REVISIONS ZH TAH 9-4-2019 3/16/2020 2 MINOR REVISIONS ZH TAH 3-16-2020

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C5.0 ORR STREET BRIDGE REHABILITATION CITY OF UKIAH, DEPARTMENT OF PUBLIC WORKS 300 SEMINARY AVENUE, UKIAH, CALIFORNIA 95482-5400 CORRUGATED STEEL DECK DETAIL 0 ISSUE ZH TAH 8-5-2019 1 MINOR REVISIONS ZH TAH 9-4-2019 3/16/2020 2 MINOR REVISIONS ZH TAH 3-16-2020

Agenda Item No: 13.c.

MEETING DATE/TIME: 9/20/2023

ITEM NO: 2023-3036

AGENDA SUMMARY REPORT
SUBJECT: Status Report of the Emergency Contract with West Coast Fire & Water for Fire Remediation Work at the Electric Utility Service Center at Hastings.

DEPARTMENT: Electric Utility PREPARED BY: Cindy Sauers, Electric Utility Director PRESENTER: Cindy Sauers, Electric Utility Director.

ATTACHMENTS:

1. West Coast Fire Water - Hastings Fire Remediation Work - 2223-177 - signed Summary: The Council will receive a status report of the emergency contract with West Coast Fire & Water for fire remediation work at the Electric Utility Service Center at Hastings, and will consider approving the work to continue under the emergency contract.

Background: The Ukiah City Council approved the purchase of 2.8 acres with a 15,800 sq. ft. building located at 1350 Hastings Rd (The Electric Service Center) to house the Electric Utility Department’s operations. The Electric Service Center will centralize electric operations for Engineering, Construction and Technical Services. In addition, the Department intends to use the Electric Service Center for training, material warehousing and construction preparation.

On August 5, 2020, the City Council adopted the plans and specifications for the grading, fencing, roofing and electric equipment relocation. This work was completed on March 2, 2023.

On the morning of March 8, 2023, a fire broke out at the Electric Utility Department's Service Center located at 1350 Hastings Road. The source of the fire was the electrical failure of a bathroom ceiling fan. The Ukiah Valley Fire Authority responded to the incident, and was successful in putting the fire out. However, significant smoke and water damage occurred, as well as structural damage to the building.

West Coast Fire and Water was contacted and was able to respond in a timely manner to assess the fire, smoke and water damage. They were able to secure the building and cover exposed areas to prevent additional water intrusion from the impending precipitation. The City Purchasing, Risk Management, and Electric Departments worked with McLarens, the Claims Adjuster for the City's self-insured liability Program through its membership in the California Intergovernmental Risk Authority (CIRA), and West Coast Water and Fire to develop a Scope of Work and Contract for the remediation of the fire, water, and smoke damage. Please see Attachment 1 for a copy of the agreement.

There are no expected costs to the City at the time, as the City opted to review all invoices and provide authority to McLarens to pay West Coast directly. The City, however, executed a contract with West Coast Fire and Water to complete the Scope of Work.

The initial cost estimate for this remediation was over $200,000. The scope of work that is being performed under this contract falls under the definition of "public project", as it involves demolition and repair work involving a publicly owned facility. The City Manager, under his authority, authorized proceeding with the work as an emergency, since the event was sudden and unexpected, and required immediate action for the protection of City (public) property. Due to structural issues, and immediate mold growth, time was of the

essence, and bidding for this work as per the normal requirements of the California Uniform Cost Accounting Act, was not an option. Under these circumstances, public bidding is excused. At their Council meeting on April 5, 2023, the Council initially received the report regarding this contract, and approved by a four-fifths vote for the work to continue under these emergency circumstances.

Discussion: As of Friday, April 7, 2023, the remediation work on the structure was completed. After two rounds of cleaning the electronics, all items have been returned and appear to be in working order. The City has a two-year warranty period should there be additional issues with the equipment. As part of the assessment of damages, McLarens required an independent estimate of damage to restore the building to pre-fire condition. This was required to evaluate the estimate provided by the City's structural engineering consultant and architect. On September 5, 2023, the City received an estimate of $471,488.51 for the building repairs. This estimate does not include the cost of the remediation performed by West Coast Fire and Water, electronics cleaning, or reimbursement for the contents of the building. Staff will continue to work with West Coast Fire and Water and the insurance provider to wrap up these items.

Staff is requesting the Council's approval to continue using the emergency contract.

Recommended Action: Receive a status report, and approve the continued work on the emergency contract with West Coast Fire & Water for Fire Remediation Work at the Electric Utility Service Center at Hastings.

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: Insurance Proceeds
PREVIOUS CONTRACT/PURCHASE ORDER NO.: 2223-177
COORDINATED WITH: Cindy Sauers, Electric Utility Director, Sheri Mannion, HR & Risk Management Director and Dave Rapport, City Attorney
DIVERSITY-EQUITY INITIATIVES (DEI):

CLIMATE INITIATIVES (CI):

GENERAL PLAN ELEMENTS (GP):

ATTACHMENT 1

Agenda Item No: 14.a.

MEETING DATE/TIME: 9/20/2023

ITEM NO: 2023-3005

AGENDA SUMMARY REPORT
SUBJECT: Report to Council Regarding the Status of the Cooperative Agreement Between the City of Ukiah and Mendocino Council of Governments (MCOG).

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

1. FY 2022-23 MCOG Master subrecipient agreement-Ukiah w-Exhibits Summary: Council will receive a report regarding the status of the Cooperative Agreement between the City of Ukiah and Mendocino Council of Governments (MCOG).

Background: The City of Ukiah has partnered with the Mendocino Council of Governments to perform a truck route study within the Ukiah city limits. This study will assist staff with designating acceptable routes through the city as larger semitrucks have to use the city as a bypass for the height restrictive bridges that cross the 101 Freeway through Ukiah. Staff want to ensure that multimodal designs that allow for increased pedestrian and cycling options work in harmony with this reality.

Discussion: Tasks for this project include community input, developing draft and creating a final study report and a presentation to the City Council. Upon Council's review, a resolution would be adopted to preserve the designated streets as a truck route and would create design restrictions regarding lane width, turning radius and other considerations. The agreement between the City and MCOG can be found in Attachment 1.

Recommended Action: Receive report regarding the status of the Cooperative Agreement between the City of Ukiah and Mendocino Council of Governments (MCOG) and provide direction if necessary.

BUDGET AMENDMENT REQUIRED:

CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Mendocino Council of Governments
DIVERSITY-EQUITY INITIATIVES (DEI):

CLIMATE INITIATIVES (CI):

GENERAL PLAN ELEMENTS (GP): GP-A3 - Mobility Element

SUBRECIPIENT COOPERATIVE AGREEMENT

BETWEEN

MENDOCINO COUNCIL OF GOVERNMENTS
AND

CITY OF UKIAH
THIS CONTINUING COOPERATIVE AGREEMENT (“Agreement”) is made and entered into effective July 1, 2022 between City of Ukiah (“Subrecipient”) and Mendocino Council of Governments (“MCOG”), a Joint Powers Authority (JPA) and the Regional Transportation Planning Agency for Mendocino County, California.

WHEREAS, this agreement covers certain local, state or federal funds administered by and through MCOG that are allocated to Subrecipient for projects and services, and sets forth the terms and conditions under which these funds are to be expended and reimbursed, including:
o Local Transportation Funds (LTF) under the Transportation Development Act (TDA) o State Rural Planning Assistance (RPA)
o State Planning, Programming & Monitoring (PPM)
o Surface Transportation Block Grant (STBG) Program
o Regional Early Action Planning (REAP) through Housing & Community Development (HCD) o Other funding sources, such as grants, to be identified as applicable annually; WHEREAS, MCOG’s annual Transportation Planning Overall Work Program (OWP) is part of an agreement with the State of California Department of Transportation (hereinafter referred to as Caltrans or State), which includes the Overall Work Program Agreement (OWPA) and Master Fund Transfer Agreement (MFTA), and together, the OWP, the OWPA and MFTA set forth the terms and conditions under which state and federal planning funds are to be expended by MCOG and its subrecipients; WHEREAS, MCOG’s Regional Early Action Planning (REAP) grant funds are part of an agreement with the State of California Department of Housing & Community Development (hereinafter referred to as HCD or State), which includes the Standard Agreement with Exhibits A through D that set forth the terms and conditions under which state planning funds are to be expended by MCOG and its subrecipients; WHEREAS, Subrecipient is eligible to apply for and receive state and federal financial assistance as a public body corporate and politic of the State of California;
WHEREAS, Subrecipient has agreed to participate with MCOG, local and state agencies, the general public, and the private sector in planning efforts to identify and plan policies, strategies, programs and actions that maximize and implement the regional transportation and housing infrastructure, consistent with MCOG’s adopted OWP and grant agreements, and to participate in the regional planning process;

ATTACHMENT 1

WHEREAS, MCOG and Subrecipient intend to cooperate to ensure the timely development, adoption and implementation of integrated comprehensive regional plans and policies, as set forth by federal and state requirements and guidelines; and
WHEREAS, for any terms or conditions covered under this AGREEMENT that may be superseded by other grant or fund agreement(s) signed by MCOG, an exhibit identifying “Special Conditions” shall prevail; therefore
IT IS MUTUALLY AGREED THAT:

1. Annual Agreement with Subrecipient and Amendments
a. This AGREEMENT constitutes a five-year Continuing Master Agreement, and may be amended by mutual written agreement. Exhibits are subject to annual renewal. The fiscal year begins July 1 and ends June 30. The term of this AGREEMENT follows the previous agreement expired June 30, 2022, continuing July 1, 2022 through June 30, 2027.
b. This AGREEMENT includes an exhibit detailing "Subrecipient Scope of Work and Budget" (Exhibit A) and an optional "Sample Subrecipient Invoice" (Exhibit B) hereinafter referred to as Exhibits A and B respectively, attached hereto and incorporated herein by reference. Any proposed amendment to the Scope or Budget (Exhibit A) must be made in advance by written amendment and is subject to approval by Caltrans or any state or federal agency having jurisdiction. c. This agreement includes MCOG’s “Adopted Policies & Instructions,” attached as Exhibit C. d. This AGREEMENT may include “Special Conditions” hereinafter referred to as Exhibit D, attached hereto. This Exhibit D is purposed to outline requirements for other funds as may be applicable annually.
e. MCOG’s maximum payment obligation to Subrecipient is limited to those funds identified in Exhibits A and D.
f. Billable work cannot be performed without this fully signed AGREEMENT and corresponding notice to proceed.

2. Scope of Subrecipient Responsibilities
a. Subrecipient shall be responsible for the complete performance of the work described in Exhibits A and D.
b. In accordance with Uniform Guidance 2 CFR 200, sections 318 through 326, inclusive and applicable state laws and procedures, Subrecipient contracts for work identified in the attached Exhibit A under “Consultant Work” are required to be competitively bid and awarded in accordance with 2 CFR 200 sections 318 through 326, inclusive and consistent with the Caltrans Local Assistance Procedures Manual, Chapter 10, or successors thereto, or applicable procurement procedures as required by funding source.

c. Subrecipient shall ensure that its Contractor(s) and Subcontractor(s) comply with all provisions of this agreement.

3. Time of Performance
The services provided pursuant to this AGREEMENT shall begin upon issuance of a Notice to Proceed by MCOG to Subrecipient and shall continue until completion, but not later than June 30 of each year, unless an extension of time is approved by MCOG in writing.

4. Materials to be Furnished to Subrecipient
a. At the option of MCOG, and if allowable under federal and state requirements, MCOG may procure equipment, software, or other materials for use by Subrecipient, only for purposes of carrying out work described under this AGREEMENT. Subrecipient agrees to comply with all license agreements for software or other materials procured by MCOG for use by Subrecipient. b. All equipment or other materials provided to Subrecipient under this AGREEMENT shall remain the property of MCOG and shall be returned to MCOG upon project completion or termination, unless other terms are mutually agreed to in writing.

5. Invoices, Reporting and Deliverables
a. In performing the work described in Exhibit A, Subrecipient may incur only the costs authorized by Exhibit A. Said costs shall comply with Section 6 (Cost Principles) of this AGREEMENT.

Subrecipient shall submit to MCOG, not more frequently than every month, but at least annually, each requisition for payment (invoice), unless no funds were expended during the fiscal year. b. Subrecipient shall submit the following relative to an invoice:
i. An invoice with supporting documentation, including a summary list of expenses with date, payee, description and amount of each expenditure, and including, but not limited to, documentation of per diem as allowed (refer to Section 5d), in accordance with Exhibit B. ii. Any additional information or documentation to support the costs contained in the invoice if requested by MCOG.
iii. Subrecipient shall retain backup documentation supporting the invoiced costs, such as receipts, for the Records Retention period specified in Section 8(b) of this AGREEMENT. c. For Work Elements in the Transportation Planning OWP, Subrecipientshall submit an invoice with supporting documentation to MCOG no later than thirty (30) days after the fiscal year ending June

30. Invoices received by MCOG after July 31 for the preceding fiscal year shall not be paid. This deadline may be waived if mutually agreed to by MCOG and Subrecipient, in writing. d. For travel and subsistence (per diem) expenses of Subrecipient and its contractors, rates shall not exceed rates authorized to be paid rank and file state employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by Subrecipient are in excess of DPA rates, MCOG will not reimburse those amounts in excess of the DPA rates. Mileage reimbursements shall not exceed the federal business mileage rate (www.irs.gov). Travel and per

diem reimbursements and third-party contract reimbursements to subcontractors will be allowable as project costs only after those costs are incurred and paid for by the subcontractors. e. Payment of Subrecipient invoices is contingent upon receipt by MCOG of the above documentation provided by Subrecipient, consistent with Sections 6 through 8 of this AGREEMENT. Payment to Subrecipient is further contingent upon MCOG’s determination that the performance of Subrecipient meets federal, state and MCOG standards. MCOG shall review Subrecipient invoices and submit them to the County Auditor-Controller for payment within thirty (30) days of receipt.
f. Subrecipient shall not be entitled to reimbursement of indirect costs unless a copy of a federal cognizant agency-approved, indirect cost allocation plan has been received by MCOG prior to submittal of the first invoice from Subrecipient. g. Subrecipient mark-up of direct expenses or of subcontractor invoices are not allowable; therefore, MCOG will not pay Subrecipient for any such increases to actual costs incurred. h. Subrecipient shall provide a quarterly progress report, in narrative form, that describes progress toward completion of tasks, projects, and products, as well as conformance with project schedules and reporting of all costs incurred for the work elements contained in Exhibit A, no later than thirty (30) days after close of the quarter.
i. Subrecipient shall provide hard copies of all completed products and/or deliverables to the assigned MCOG Project Manager, and in a commonly used electronic format, at the discretion of the MCOG Project Manager, as referenced in Section 7 of this AGREEMENT, according to the schedule of deliverables in Exhibit A.
j. All final reports and documents produced under this AGREEMENT through the Transportation Planning OWP shall include the following statement:
"The preparation of the report was financed in part through [insert funding source and agency] as facilitated by Mendocino Council of Governments as the Regional Transportation Planning Agency."
Alternatively, certain language may be required by state or federal funding agencies, to be specified in Exhibit D.

6. Cost Principles
a. Subrecipient agrees to be bound by and comply with, and shall require its Consultants and/or Contractors to comply with, the following (refer to eCFR :: Title 2 of the CFR -- Grants and Agreements):

i. 2 CFR, Subtitle A, Chapter II, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, shall be used to determine the allowability of individual project cost items; and
ii. The federal administrative procedures in accordance with Uniform Guidance 2 CFR, Subtitle A, Chapter II, Part 200 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments."
b. Any costs for which Subrecipient receives payment or credit that is determined by a subsequent audit or other review by either MCOG, Caltrans, or other state or federal authorities to be unallowable under, but not limited to, 2 CFR Part 200 or 48 CFR Chapter 1, Part 31, shall be repaid by Subrecipient within thirty (30) days of Subrecipient receiving notice of audit findings. c. All costs charged to this AGREEMENT by Subrecipient shall be supported by properly executed payrolls showing labor (wage) rates per hour, time records, and invoices and vouchers evidencing in proper detail the nature of the charges. These costs shall comply with the cost principles cited above in Section 6(a) of this AGREEMENT.

7. Written and Electronic Versions of Work Products and Related Materials a. Subrecipientshall provide copies of all of its deliverables, as well as support data created pursuant to Exhibit A, to MCOG in an approved electronic format. Hard copies will also be provided to MCOG upon request. Related materials, including any reports, newsletters, or other written materials, will also be provided in hard copy and/or electronic format, upon request by MCOG. b. Any graphics or images accompanying the text of these written materials shall be included in the electronic version, in a format (e.g. JPEG, BMP, or PNG) as requested by MCOG staff. The quality of the images will be a minimum of 300-600 DPI resolution, typically a file size of 3MB or more.
c. The electronic versions of all written materials, data files, and accompanying graphics or images shall, when printed or otherwise displayed, appear in the identical format, location, quality, and state of replicating in which they appear in the hard copy versions. d. Materials in the electronic version shall be presented to MCOG in a medium pre-approved in writing by the MCOG Project Manager. For reports this would typically be in Microsoft Word and Adobe Acrobat (or equivalent) PDF formats.
e. The applicable funding agency shall have a royalty-free, nonexclusive and irrevocable license to reproduce, publish or otherwise use, and authorize others to use, work products funded under this AGREEMENT for government purposes.

8. Records Retention and Audits
a. If Subrecipient receives Local Transportation Funds, Subrecipient shall submit to MCOG an annual certified fiscal audit conducted by an entity other than itself, in compliance with the

Transportation Development Act (TDA), Section 99245. A report on the audit shall be submitted to MCOG and to the State Controller within 180 days after the end of the fiscal year. However, MCOG may grant an extension(s) not to exceed a total of 90 days in writing, at its sole discretion.

The report shall include a certification that the funds allocated to Subrecipient pursuant to TDA were expended in conformance with all applicable laws, rules and regulations. Except for the first report, the report shall also include the audited amounts for the fiscal year prior to the fiscal year audited.
b. For the purpose of determining compliance with California Government Code section 8546.7, as well as any other state or federal law or regulation, Subrecipients and their contractors shall maintain all source documents, books, and records connected with their performance of work initiated under this AGREEMENT and each annual Subrecipient Scope of Work and Budget (Exhibit A), and Special Conditions (Exhibit D) as applicable, for a minimum of three (3) years from the date of final payment to Subrecipient, or until audit resolution is achieved for each annual MCOG OWP, whichever is later, unless a longer period of record retention is stipulated. During this time, all of the above referenced parties shall make all such supporting materials available for inspection and audit, at their respective offices at all reasonable times or through transmission of electronic documents, by representatives of MCOG, Caltrans, HCD, the Bureau of State Audits, or the federal government upon request. Copies will be made and furnished to MCOG upon request, at no cost to MCOG. Records relating to any and all audits or litigation relevant to this Agreement shall be retained for five years after the conclusion or resolution of the matter. c. Subrecipient shall establish and maintain, and shall require that its Contractor(s) establish and maintain, an accounting system conforming to Generally Accepted Accounting Principles (GAAP) to support invoices that segregate and accumulate the costs of work elements by line item (i.e. direct labor, other direct costs, subcontractors, etc.) and enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices.
d. Subrecipient agrees to include all costs associated with this AGREEMENT and any amendments thereto to be examined in the annual audit and, if applicable, in the schedule of activities to be examined under a single audit prepared by Subrecipient in compliance with Office of Management and Budget Circular A- 133.
e. Neither the pendency of a dispute nor its consideration by MCOG, Caltrans, or the state will excuse Subrecipient from full and timely performance in accordance with the terms of this AGREEMENT.
f. Subrecipient agrees to furnish documentation to MCOG to support this requirement that its Agreement(s) with Contractor(s) contain provisions requiring adherence to this Section in its entirety.

9. Certifications and Assurances
a. Subrecipient shall adhere to the requirements contained in MCOG’s annual Certification and Assurances (“FHWA and FTA State and Metropolitan Transportation Planning Process SelfCertification") submitted as part of MCOG’s OWP, pursuant to 23 CFR 450.334 and 23 U.S.C. 134.

Such requirements shall apply to Subrecipient to the same extent as MCOG and may include, but are not limited to:
i. 23 U.S.C. 134, 49 U.S.C. 5303, and subpart C of 23 CFR part 450; ii. In nonattainment and maintenance areas, sections 174 and 176(c) and (d) of the Clean Air Act, as amended (42 U.S.C. 7504, 7506(c) and (d)) and 40 CFR part 93; iii. Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d–1) and 49 CFR part 21; iv. 49 U.S.C. 5332, prohibiting discrimination on the basis of race, color, creed, national origin, sex, or age in employment or business opportunity;
v. Section 1101(b) of the FAST Act (Pub. L. 114-94) and 49 CFR part 26 regarding the involvement of disadvantaged business enterprises in USDOT funded projects; vi. 23 CFR part 230, regarding the implementation of an equal employment opportunity program on Federal and Federal-aid highway construction contracts; vii. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101, et seq.) and 49 CFR, parts 27, 37, and 38;
viii. The Older Americans Act, as amended (42 U.S.C. 6101), prohibiting discrimination on the basis of age in programs or activities receiving Federal financial assistance; ix. Section 324 of title 23 U.S.C. regarding the prohibition of discrimination based on gender; x. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and 49 CFR part 27 regarding discrimination against individuals with disabilities.
b. Subrecipient shall additionally comply with Federal and State Lobbying Activities Certification:
i. By signing this AGREEMENT, Subrecipient certifies, to the best of its knowledge and belief, that no state or federal funds have been paid or will be paid, by or on behalf of Subrecipient, to any person for influencing or attempting to influence an officer or employee of any state or federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding of any state or federal contract, the making of any

state or federal grant, the making of any federal loan, the entering into of any cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative agreement. ii. If any funds other than state or federal funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, Subrecipientshall complete and submit Federal Standard Form-LL, "Disclosure Form to Report Lobbying," in accordance with those form instructions.
iii. This certification is a material representation of fact, upon which reliance was placed when this AGREEMENT was entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S.C., and by the MFTA between MCOG and Caltrans or, alternatively, the grant agreement with the respective funding entity. Any persons who make a prohibited expenditure or fail to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
c. Subrecipient shall comply with any other applicable federal, state and local laws, including without limitation, all federal regulatory requirements associated with the applicable federal funding.
d. Subrecipient shall further require its Contractor(s) to comply with these Certifications.

10. Equal Employment Opportunity/Nondiscrimination
a. In the performance of work undertaken pursuant to this AGREEMENT, Subrecipient, for itself, its assignees, and successors in interest, shall affirmatively require that its employees and Contractor(s)shall not unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (including cancer), age (over 40), marital status, denial of family and medical care leave, and denial of pregnancy disability leave.
b. Subrecipient shall ensure that the evaluation and treatment of their employees and applicants for employment, as well as their contractors, are free from such discrimination and harassment.

Subrecipient shall comply with the provisions of the Fair Employment and Housing Act (Government Code section 12900, et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, section 7285.0, et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing the Government Code sections referenced above, are incorporated into this AGREEMENT by reference and made a part hereof as set forth in full. Subrecipient shall give written notice of their obligations under this clause to labor organizations with which they have collective bargaining or other labor agreements.

c. In the event of Subrecipient’s noncompliance with the nondiscrimination provisions of this AGREEMENT, MCOG shall impose such contract sanctions as it, Caltrans, or other applicable funding agency may determine to be appropriate, including, but not limited to:
i. Withholding of payments to Subrecipient under this AGREEMENT until Subrecipient complies; and/or
ii. Cancellation, termination or suspension of the AGREEMENT, in whole or in part. d. Subrecipient shall permit access to all records of employment, employment advertisements, application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission or any other agency of the State of California designated by the State to investigate compliance with this section.
e. Subrecipient shall include the provisions of this Section in every agreement with its Contractor(s).

Subrecipient shall take such action with respect to any such agreement as MCOG, Caltrans, or other applicable funding agency may direct as a means of enforcing such provisions, including sanctions for noncompliance including, but not limited to:
i. Withholding of payments to contractor under any agreement with contractor until contractor complies; and/or
ii. Cancellation, termination or suspension of the agreement in question, in whole or in part.

11. Prevailing Wage and Labor Requirements
a. Should Subrecipient award any construction contracts utilizing Federal funds under this Agreement, Subrecipient agrees to comply with all pertinent statutes, rules and regulations promulgated by the federal government including, but not limited to, (i) prevailing wage requirements of the Davis Bacon Act (40 U.S.C. §276a, et seq.) and related regulations (29 CFR Part 5); (ii) anti-kickback and payroll records requirements of the Copeland “Anti-Kickback” Act (40 U.S.C. §276c and 18 U.S.C. §874) and related regulations (29 CFR Part 3); and (iii) workweek computation and overtime requirements of the Contract Work Hours and Safety Standards Act (40 U.S.C. §327-333) and related regulations (29 CFR Part 5). b. Should Subrecipient award any “public work” contract, as defined by California Labor Code Section 1720, utilizing State funds under this Agreement, Subrecipient agrees to comply with all pertinent California statutes, rules, and regulations including, but not limited to, prevailing wage provisions of Labor Code Section 1771.
c. Any contract or subcontract entered into as a result of this Agreement will contain all of the provisions of this section.

12. Conflict of Interest
Subrecipient and its officers, employees, and agents, including Contractor(s), that perform work under this AGREEMENT shall comply with federal and state conflict of interest laws, regulations and policies.

13. Independent Contractor
Subrecipient and its officers, employees, and agents shall be independent contractors in the performance of this AGREEMENT.

14. Disadvantaged Business Enterprise (DBE)
a. It is the policy of MCOG, the California Department of Transportation, and the U.S. Department of Transportation, that Disadvantaged Business Enterprises (DBEs), as defined in 49 CFR Part 26, shall have an equal opportunity to receive and participate in the performance of agreements financed in whole or in part with Federal Highway Administration (FHWA)/Federal Transit Administration (FTA) funds provided under this AGREEMENT. b. Subrecipient, its employees, and its Contractor(s)shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of FHWA/FTA funds-assisted contract or in the administration of MCOG’s DBE program per the requirements of 49 CFR Part 26. Failure to carry out the requirements of this paragraph shall constitute a breach of contract and may result in termination of this AGREEMENT or such other remedy MCOG may deem appropriate. c. Subrecipient shall, as required by 49 CFR Part 26, include applicable language into all contracts funded in whole or in part with FHWA or FTA funds.

15. Disputes
a. Should either party to this AGREEMENT bring legal action against the other (formal judicial proceeding, mediation or arbitration), it is hereby agreed that this Agreement will be administered and interpreted under California law and that the matter shall be handled in Mendocino County Superior Court, California, and that the party prevailing in such action shall be entitled to a reasonable attorney's fee which shall be fixed by the judge, mediator, or arbitrator hearing the case and such fee shall be included in the judgment, together with all costs. b. Neither the pendency of a dispute nor its consideration by MCOG, Caltrans, HCD and/or the respective funding agency will excuse Subrecipient from full and timely performance in accordance with the terms of this AGREEMENT.

16. Severability. If any term or provision of this Agreement, or the application thereof to any person or circumstance will, to any extent, be invalid or unenforceable, the remainder of this Agreement will not be affected thereby, and each term and provision of this Agreement will be valid and enforceable to the fullest extent by law, unless the exclusion or application of, such term or provision, would result in such a material change so as to cause completion of the obligations defined in this Agreement to be unreasonable.

17. Hold Harmless
a. Subrecipient shall defend, indemnify and hold MCOG, its officers, agents and contracted staff, harmless from and against any and all liability, loss, expense, claims, or damages arising out of the performance of this AGREEMENT, but only in proportion to and to the extent such liability, loss, expense, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of Subrecipient, its officers, agents, employees, or Contractors. b. MCOG shall defend, indemnify and hold Subrecipient, its officers, agents and employees harmless from and against any and all liability, loss, expense, claims, or damages arising out of the performance of this AGREEMENT but only in proportion to and to the extent such liability, loss, expense, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of MCOG, its officers, agents or contracted staff. c. Subrecipient further agrees to reimburse MCOG for claims, demands, costs or liability associated with the incomplete performance of work contained in Exhibit A, in the event that the MCOG terminates this AGREEMENT in accordance with Section 22(b) herein.

18. Noncompliance
In addition to such other remedies as provided by law, in the event of noncompliance with any grant condition or specific requirement of this AGREEMENT, this AGREEMENT may be terminated, or State may require additional remedies specified in grant terms applicable under this AGREEMENT.

19. Assignment
This Agreement cannot be assigned without the prior written consent of MCOG.

20. Successors
This Agreement will be binding on the parties hereto, their assigns, successors, administrators, executors, and other representatives.

21. Amendments Required by Federal or State Agencies
If the FTA, FHWA, Caltrans, HCD or any other federal or state agency having jurisdiction, requires a change to the terms of this Agreement, the parties will amend this Agreement as necessary, or will terminate it immediately.

22. Termination of Agreement
a. Termination for Convenience: Either party may terminate this AGREEMENT at any time by giving written notice to the other party of such termination at least thirty (30) calendar days before the effective date of such termination. In such event, all finished or unfinished documents and other materials as described in the AGREEMENT shall be returned to MCOG at its option. Subrecipient shall return at the option of MCOG, all equipment, software, or other materials provided to Subrecipient under this AGREEMENT. If this AGREEMENT is terminated by MCOG, as provided

herein, Subrecipient shall be reimbursed for expenses incurred prior to the termination date, in accordance with Section 6 through 8 of this AGREEMENT.
b. Termination for Cause: If through any cause, Subrecipient shall fail to fulfill in a timely and proper manner its obligations under this AGREEMENT, or if Subrecipient violates any of the covenants, agreements, or stipulations of this AGREEMENT, MCOG shall thereupon have the right to terminate the AGREEMENT by giving not less than ten (10) calendar days written notice to Subrecipient of the intent to terminate and specifying the effective date thereof. MCOG shall provide not less than 15 days for Subrecipient to cure prior to termination. Upon termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other materials prepared by Subrecipient under this AGREEMENT shall be provided to MCOG. At the option of MCOG, Subrecipient shall return all equipment, software, or other materials provided to Subrecipient under this AGREEMENT. Subrecipient shall be entitled to receive compensation for all work satisfactorily completed, in MCOG’s judgment, in accordance with Exhibit A prior to the effective date of termination. c. Fiscal Funding Out: Subrecipient may terminate this AGREEMENT immediately upon email or other written notice should funding cease or be materially decreased during the term of this AGREEMENT.

23. Environmental, Resource Conservation, and Energy Requirements Subrecipient recognizes that many federal and state statutes imposing environmental, resource conservation, and energy requirements may apply to the Project. Subrecipient agrees to adhere to any such federal and state requirements.

24. Notices
Any notice required or permitted to be given pursuant to this AGREEMENT shall be served by certified mail, return receipt requested, to the following addresses:

If to MCOG:

Mendocino Council of Governments
Attn: Nephele Barrett, Executive Director
525 S. Main St., Suite B
Ukiah, CA 95482
If to Subrecipient:

City of Ukiah
Attn. Sage Sangiacomo, City Manager
300 Seminary Ave.

Ukiah, CA 95482

SUBRECIPIENT COOPERATIVE AGREEMENT

BETWEEN
MENDOCINO COUNCIL OF GOVERNMENTS
AND
CITY OF UKIAH
Effective July 1, 2022 through June 30, 2027
Annual Exhibits
Fiscal Year 2022/23
 Exhibit A – Subrecipient Scope of Work and Budget
 Exhibit B – Sample Subrecipient Invoice
 Exhibit C – MCOG’s Adopted Policies & Instructions
 Exhibit D – Special Conditions

EXHIBIT A
Subrecipient Scope of Work and Budget
Attached:

A-1 Transportation Planning Overall Work Program (OWP)
 Work Element 12 – Truck Route Study
 Work Element 14 – Training
A-2 Surface Transportation Block Grant Program (STBGP) Section 182.6 d(1) Formula Distribution – Balances Available to Claim

EXHIBIT A-1
Subrecipient Scope of Work and Budget

TRANSPORTATION PLANNING OVERALL WORK PROGRAM (OWP)
WORK ELEMENT 12 - TRUCK ROUTE STUDY
PURPOSE:

This Study will assist the City of Ukiah on determining and designating acceptable truck routes through the City of Ukiah and throughout the City of Ukiah. The City of Ukiah strives to make our right of ways multimodal including bikes and pedestrians in every design they perform. Though this practice, as set forth in the 2017 Regional Transportation Plan, it increases the transportation options for our citizens, and makes it difficult for the transportation of goods and services. The City of Ukiah would like to make sure that our multimodal designs are working in harmony with the fact that large tucks often have to use our City as a bypass for the inadequate height restricted freeway overpasses that are part of the Caltrans transportation system.

This study will identify exact routes that will be signed through the city. The goal would be that this study, and the professionals that would be hired to perform the study, will also initiate the process to alert navigation GPS services, such as Google and Apple, to include these truck routes on their services.

PREVIOUS WORK:

This study is needed as a result of the previous studies that have led to successful projects, such as the Downtown Streetscape.

TASKS:

The tasks would be to write a Request for Proposals (RFP), evaluate the proposals, and award a contract to the most qualified firm. These tasks would be accomplished by the City of Ukiah Engineering Department. The Engineering Department would then work with the consultant to analyze our existing system, evaluate our existing system, and define the best transit corridors for trucks to use in the City of Ukiah.

1. Kickoff Meeting and Project Coordination (Consultant)

2. Evaluation and Community Input (Consultant)

3. Develop Draft and Final Study Report (Consultant)

4. Present to City Council Presentation (Consultant)

PRODUCTS:

The final product will be a study that will identify the best truck routes through the City of Ukiah.

These routes will be memorialized with a resolution of the City Council to alert all truck traffic on proper routes through the city.

FUNDING AND AGENCY RESPONSIBILITIES:

Responsible
Agency
Estimated
Person Days Budget FundingSource
Fiscal Year
Consultant 45 $45,000 State PPM 2022/23
Total 45 $45,000
ESTIMATED SCHEDULE:

Tasks Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
1 x x
2 x x
3 x x x x x x x x
4 x
WORK ELEMENT 14 – TRAINING
PURPOSE:

To provide funding for technical training in the transportation planning field to the Mendocino Council of Governments (MCOG) planning staff, and to local agency staff, to stay abreast of changes in the field.

PREVIOUS WORK:

This is an annual training work element that has been included in MCOG’s Overall Work Program since FY 2003/04.

TASKS:

1. Attendance at transportation planning academies, seminars, workshops or training sessions that may be offered through Caltrans or other agencies (MCOG, County, Cities, MTA). This task includes staff time and direct costs (i.e. registration, travel, lodging, meals, etc.)
Specific training sessions are not identified. Examples of prior training funded under this annual work element include: workshops provided through U.C. Berkeley’s Tech Transfer Program - SB 743/Vehicle Miles Traveled; Traffic Control for Safer Work Zones;

EXHIBIT A-2
Subrecipient Scope of Work and Budget
SURFACE TRANSPORTATION BLOCK GRANT PROGRAM (STBGP) SECTION 182.6 D(1) FORMULA DISTRIBUTION – BALANCES AVAILABLE TO CLAIM
PURPOSE:

Formerly known as Regional Surface Transportation Program (RSTP), the name has been changed to Surface Transportation Block Grant Program. MCOG annually elects to exchange its federal STBGP funds for state funds under a program offered by California Department of Transportation (Caltrans). Eligible uses are as follows.

CALIFORNIA CONSTITUTION
ARTICLE 19 MOTOR VEHICLE REVENUES
SECTION 1. Revenues from taxes imposed by the State on motor vehicle fuels for use in motor vehicles upon public streets and highways, over and above the costs of collection and any refunds authorized by law, shall be used for the following purposes:
(a) The research, planning, construction, improvement, maintenance, and operation of public streets and highways (and their related public facilities for nonmotorized traffic), including the mitigation of their environmental effects, the payment for property taken or damaged for such purposes, and the administrative costs necessarily incurred in the foregoing purposes. (b) The research, planning, construction, and improvement of exclusive public mass transit guideways (and their related fixed facilities), including the mitigation of their environmental effects, the payment for property taken or damaged for such purposes, the administrative costs necessarily incurred in the foregoing purposes, and the maintenance of the structures and the immediate right-of-way for the public mass transit guideways, but excluding the maintenance and operating costs for mass transit power systems and mass transit passenger facilities, vehicles, equipment, and services.

PREVIOUS WORK: Not applicable.

PRODUCTS: Refer to Administrative Procedures, provided as Exhibit C-2, attached.

FUNDING AND AGENCY RESPONSIBILITIES:

A schedule of funds available to claim by each MCOG member agency is attached to this exhibit.

Any funding presented as an estimate may result in more or less actual funding available to claim, without amendment to this Annual Exhibit. Refer also to Administrative Procedures, provided as Exhibit C-2, attached. All other terms and conditions applicable to this Scope of Work and Budget are specified in the Master Agreement, effective July 1, 2022.

TOTALS New distrib'n New policy Balances
1997/98 policy adopted adopted Preliminary FY 2005/06 Available through 6/5/2006* 6/6/11** Actuals Actuals Actuals Actuals Estimate to 2022/23 to Claim Fiscal Year: 2004/05 2005/06 2006/07 2007/08 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 2014/15 2015/16 2016/17 2017/18 2018/19 2019/20 2020/21 2021/22 2022/23 Totals As of 9/6/2022 Partnership Fund 0 50,000 75,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 1,725,000 NALocal Assistance 0 00000 90,000 90,000 90,000 90,000 90,000 90,000 90,000 90,000 90,000 90,000 90,000 90,000 90,000 1,170,000 NA Point Arena 347,081 49,214 51,031 43,367 51,480 45,979 54,677 54,677 62,885 54,622 65,346 55,310 50,409 60,390 67,653 72,779 71,732 74,880 74,753 1,061,184 74,880 Willits 501,833 74,461 77,210 65,615 77,889 69,566 82,726 82,726 95,145 82,643 98,869 83,684 76,268 91,370 102,359 110,115 108,530 113,293 113,101 1,605,571 331,938 Fort Bragg 531,697 79,333 82,262 69,908 82,986 74,118 88,139 88,139 101,370 88,051 105,338 89,159 81,259 97,348 109,057 117,320 115,631 120,706 120,501 1,710,628 560,063Ukiah 773,729 118,820 123,207 104,703 124,290 111,009 132,009 132,009 151,825 131,876 157,767 133,536 121,703 145,801 163,337 175,713 173,184 180,785 180,478 2,562,052 529,682 County DOT 582,951 88,290 91,550 77,801 92,355 82,486 98,091 98,091 112,816 97,992 117,231 99,226 90,433 108,339 121,370 130,566 128,687 134,334 134,106 1,903,764 0 11,738,199
TOTALS 2,737,291 460,119 500,261 461,393 528,999 483,158 645,642 645,642 714,041 645,185 734,551 650,915 610,072 693,249 753,777 796,494 787,764 813,998 812,939 14,475,490 1,496,564 Cross Check: 2,737,291 460,119 500,261 461,393 528,999 483,158 645,642 645,642 714,041 645,185 734,551 650,915 610,072 693,249 753,777 796,494 787,764 813,998 812,939 14,475,490 FY 1997/98
No Shading = Available to Claim to 2022/23Green Shading = Paid to ClaimantsOrange Shading = Estimated funding / not yet received from State NOTES:

Administrative procedures as of 2002/03: Claimants to submit Annual Report, Project List, and compliance agreement each funding cycle.Since 2017/18, Subrecipient Agreements replace the compliance agreement form. * Reserves MCOG share "off the top" to capital fund for regional projects. ** Reserves additional MCOG share "off the top" for Local Assistance - Project Delivery.

MENDOCINO COUNCIL OF GOVERNMENTS (MCOG)
Cumulative (Formula) Distributions by MCOG 2005/06 to 2022/23 TEA-21 and SAFETEA-LU and MAP-21 and FAST Act
Surface Transportation Block Grant Program (STBG)
a.k.a. RSTP Section 182.6 d(1)
"d1 Fund"
Prep'd by J. Orth STBG Distribution Summary-Revised Updated 9/6/2022

FY 2022/23 – 2026/27 Subrecipient Cooperative Agreement – City of Ukiah

EXHIBIT B
Sample Subrecipient Invoice
(Available by request in Excel format)

EXHIBIT C
MCOG’s Adopted Policies & Instructions
Attached:

C-1 Transportation Planning Overall Work Program (OWP) Policies and Application Instructions (4 pages)
C-2 Surface Transportation Block Grant (STBG) Program Administrative Procedures (5 pages)
C-3 Local Transportation Fund 2% Bicycle & Pedestrian Program Application Form (4 pages)

Amended 10/3/16
(Administrative update 10/15/18)
EXHIBIT C-1
MCOG's Adopted Policies & Instructions - OWP

MENDOCINO COUNCIL OF GOVERNMENTS

OVERALL WORK PROGRAM (OWP)

POLICIES AND APPLICATION INSTRUCTIONS
General Information
The Mendocino Council of Governments has adopted a policy that a portion of Local Transportation Funds (LTF) will be allocated to assist in funding the annual transportation planning work program. Other funding sources for the work program include various State and Federal funds.

Eligible Applicants/Projects
Eligible applicants include the parties to MCOG’s Joint Powers Agreement (JPA), which are the Cities of Ukiah, Willits, Fort Bragg, and Point Arena; and the County of Mendocino. Mendocino Transit Authority is also an eligible applicant. Other potential applicants must have an eligible JPA member sponsor agency.

Projects funded under the annual work program are of a planning nature, including studies related to transportation needs, technical assistance, transportation-related training for Technical Advisory Committee (TAC) members, Local Agency Staff, and MCOG staff; administration of the work program, and direct costs.

Application Cycle/Schedule
The cycle for the OWP process shall begin annually October 15, at which time MCOG staff will forward the OWP application package consisting of these Policies and Application Instructions, an Application/Proposed Scope of Work Form (attached), and a Quarterly Report Form (attached) to TAC members. There shall be a six week application period of October 15 - December 1, with all applications due to the MCOG office no later than 5:00 p.m. on December 1 of each year (if this date falls on a weekend, the following Monday shall apply).

Applicants must submit three (3) copies of the completed application/scope of work form, and one electronic copy. Incomplete applications or applications with insufficient copies will be returned to the applicant for completion.

A preliminary draft OWP is prepared by MCOG staff for review at the TAC level, and submitted to Caltrans by March 1. After incorporation of Caltrans’ comments, a Final OWP is prepared for MCOG approval. The Final OWP is adopted along with the Regional Transportation Planning Agency annual budget in June of each year.

Quarterly Reporting/Payments
All agencies that are funded under the work program are required to submit quarterly progress reports to the MCOG office within 15 days following the end of each quarter. The progress of each work element is then compiled into a quarterly OWP report, which is submitted to the State.

Amended 10/3/16
(Administrative update 10/15/18)
Payments are tied to timely submittal of quarterly reports and satisfactory performance as determined by MCOG. Payments are made to work program participants upon invoicing with documentation of work performed, and subject to approval by MCOG’s Executive Director.

Amendments
Any formal amendment to the approved work program requires approval by both MCOG and Caltrans, therefore any delays or problems should be promptly communicated with MCOG staff.

Amendments to the approved work program are not allowed by Caltrans after May 1 of any year.

Administrative amendments which involve insignificant changes (with no changes to state or federal funding) require approval only by MCOG.

Carryover Requests
The program period for each work program is July 1 through June 30 of each year. Every attempt must be made to complete programmed activities within the programmed fiscal year; however, if there is a need to carry over a project to the next fiscal year for completion, the requesting agency must submit justification for the carry over to MCOG. Carryover requests are subject to the following restrictions:

Projects funded with State Rural Planning Assistance (RPA) funds are expected to be completed in the initial year of programming; however, limited extensions are possible and will be considered on a case-by-case basis (subject to approval by the MCOG Executive Director). Caltrans allows up to 25% of an agency’s annual RPA allocation to be carried over for a maximum of one year, after the initial year or programming.

Projects funded with Local Transportation Funds (LTF) funds may be carried over (subject to approval by the MCOG Executive Director) for a maximum of two years, after the initial year of programming.

Projects funded with Planning, Programming & Monitoring (PPM) funds may be carried over (subject to approval by the MCOG Executive Director) for a maximum of two years, after the initial year of programming.

Grant funded projects are subject to the carryover provisions of the pertinent State or Federal funds.

Attachments: OWP Application – Scope of Work Form
OWP Quarterly Report Form

MENDOCINO COUNCIL OF GOVERNMENTS
FY _______ OVERALL WORK PROGRAM

APPLICATION - PROPOSED SCOPE OF WORK
Applicant Agency: Date Submitted:

Contact Person:

Project Title:

Use additional sheets as necessary to prepare outline.

GOAL/PURPOSE - What does this planning project intend to achieve? How does this planning work address the goals and objectives of the 2017 Regional Transportation Plan? See RTP pages 18-29, available on MCOG’s website https://mendocinocog.specialdistrict.org.

PREVIOUS WORK - Has any related work been done in the past? TASKS - List all tasks and responsible party for each task.

PRODUCTS - Identify products of the planning effort. How will these products be used to improve the state, regional, or local transportation system?
TIME SCHEDULE - Provide a monthly schedule by task. Schedule must indicate that all tasks can be completed in one fiscal year.

SAMPLE
Tasks Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
1 x x x
2-6 x x x x x x
7 x x x
ESTIMATED PERSON DAYS/ COST BREAKDOWN - Provide estimated person days and costs for each agency and consultant.

PROPOSED FUNDING SOURCES & AMOUNTS - Provide amounts of proposed funding from all sources. Are there leveraging opportunities available? Has funding from other sources been sought for this planning project?
Notes:

1. Receipts and documentation are required for all direct costs, including copies of consultant invoices and receipts. Mark-up of direct costs is not allowed.

2. Travel costs are limited to Caltrans approved travel rates, available at the following link:
http://www.dot.ca.gov/hq/asc/travel/ch12/1consultant.htm#rr.

3. It is applicant’s responsibility to comply with all fiscal and procurement requirements of federal, state, regional, or local funding agencies.

4. The Transportation Development Act (TDA) requires recipients of Local Transportation Funds to submit annual fiscal audits to MCOG.

Amended 10/3/16
(Administrative update 10/15/18)

MENDOCINO COUNCIL OF GOVERNMENTS

OVERALL WORK PROGRAM QUARTERLY REPORT
_____________ Quarter, FY ________
AGENCY: DATE:

WORK ELEMENT NO. & TITLE:

PURPOSE:

PROGRESS:

PRODUCT EXPECTED:

PROBLEMS:

OUTLOOK/STATUS:

FUNDS:

OWP Funding: $__________
Claimed to date $__________
Balance to be claimed: $__________

SURFACE TRANSPORTATION BLOCK GRANT (STBG) PROGRAM
Claim Procedures
Revised October 7, 2021
Supersedes “Administrative Procedures” of 2003, 2007
Funding Overview
Federal transportation legislation authorizes funding for the STBG Program, most recently through the Fixing America’s Surface Transportation (FAST) Act of 2015, administered by the Federal Highway Administration (FHWA). Previously known as the Regional Surface Transportation Program (RSTP), “block grant” was added to the name under the FAST Act, acknowledging the historically flexible eligibility of these funds to best address State and local transportation needs. The funds are apportioned to the States, which then suballocate by region.

In California, the Department of Transportation (Caltrans) offers an optional Federal Apportionment Exchange Program to the Regional Transportation Planning Agencies. The Mendocino Council of Governments (MCOG) customarily has taken advantage of this option to exchange for nonfederal State Highway Account (SHA) funds, to relieve the administrative burden of receiving federal funds, by executing an exchange agreement annually with Caltrans. The terms are governed by California Streets and Highways Code, Article 5, Section 182.6.

MCOG annually allocates STBG funds by budget resolution to the County of Mendocino and the Cities of Ukiah, Willits, Fort Bragg, and Point Arena, according to a distribution formula adopted by MCOG on November 2, 1998 and amended on June 5, 2006. The funds are held until claimed by each of these member local agencies, subject to administrative requirements to comply with State terms.

Eligible uses of the STBG funds are identified in the California Constitution Article 19, Motor Vehicle Revenues, Section 1, summarized as:

The research, planning, construction, improvement, maintenance, and operation of public streets and highways (and their related public facilities for nonmotorized traffic), including the mitigation of their environmental effects, the payment for property taken or damaged for such purposes, and the administrative costs necessarily incurred in the foregoing purposes.

Administrative Requirements
This amendment of MCOG’s claim requirements is meant to better align with the master terms of its Subrecipient Cooperative Agreement with the member agencies (started in 2017), which flow down terms and conditions of the various public funds received and administered by MCOG. Terms for submittal of Invoices, Reporting and Deliverables are detailed in Section 5 of the Agreement.

Whereas previously MCOG has distributed RSTP/STBG funds as either an advance or a reimbursement, as requested by the claimant, this amendment requires documentation of costs incurred for the eligible project before release of the funds allocated to claimants, consistent with the Agreement.

Claimants may “save up” annual allocations to accumulate in MCOG’s fund for a larger project than can be funded in a single year, until ready to submit a multi-year claim. Conversely, a project may be broken down into phases for more manageable cash flow, to be reimbursed in annual installments.

EXHIBIT C-2 STBG Program Administrative Procedures

rev. 10/7/2021
Before expending funds on a project for later reimbursement, each claimant shall submit to MCOG a list of eligible projects on which they plan to expend the funds, for determination of eligibility. A form is provided for this purpose. MCOG will notify each claimant agency of their fund balances available, at least annually.

The list shall include a project description, the names of all streets and roads with potential projects, the type of project (e.g. rehabilitation, maintenance, improvement, operations, safety, etc.) and the functional classification based on the "annual maintained mileage report" prepared by each agency.

If the project is for equipment or other street/road-related items, specify relevant details in the description.

Upon determination by MCOG of project eligibility, reimbursable work may proceed. Claims may be submitted for reimbursement upon project or phase completion, to include an invoice and a summary list of expenses with date, payee, description and amount for each expenditure. Claimant shall retain backup documentation such as receipts for at least three years after final STBG payment. Unclaimed amounts will remain reserved in claimant’s available fund balance for future claims.

Note that this revised procedure might not perfectly reflect terms of the current master Subrecipient Agreement, which is due for review and update in Fiscal Year 2022/23, when terms may be amended as needed.

Checklist
 Refer to annual Subrecipient Agreement exhibit for available funds.  Plan project, consult with MCOG staff as needed.
 Submit list to MCOG for review and determination of eligibility.  On approval, proceed with reimbursable project work.
 Following project or phase completion, submit invoice to MCOG.  Keep expense documentation on file for the required retention period.

Attachments
 List submittal form, available as Word document
 Sample reimbursement invoice, available as Excel spreadsheet  Sample expense summary

SURFACE TRANSPORTATION BLOCK GRANT PROGRAM (STBG)
Project List
for Fiscal Year ________
(List all Potential or Planned Projects)
* Project Type examples: Rehabilitation, maintenance, improvement, operations, equipment, safety, bicycle lane, pedestrian access, environmental mitigation, streetscape ** Functional Classification and/or Description examples:

Arterial, major/minor collector, local road, paving, chip seal, sidewalks, storm drains, street sweeper, traffic signal Name of
Street/Road/Project
Type of Project
(examples below)*
Functional Class
and/or Description **
Authorized Signature  Date
Printed Name & Title
Agency

Date Invoice #
BILL TO: Mendocino Council of Governments
Attn. Janet Orth, Depuity Director & CFO
525 S. Main St., Suite B
Ukiah, CA 95482
PROJECT: Surface Transportation Block Grant (STBG) Program Name of project
Date/s Completed: Date range
Fiscal Year of MCOG
Funding Allocation by
Formula Distribution
MCOG Amount Allocated
Difference of
Allocation and
Amount Claimed
Total Reimbursement
Request
Example: FY 2019/20 $0
FY 2020/21 $0
FY 2021/22 $0
$0
$0
$0
$0
$0
Supporting documentation, including expense summary list, is attached.

Further detailed documentation is on file for the required retention period.

All expenditures requested for reimbursement have been processed and paid.

Name of authorized signator Date
Postion title
Agency Letterhead
TOTAL INVOICE AMOUNT DUE:

I N V O I C E

[Report Date]
[PROJECT NAME] EXPENSE SUMMARY
Type
BillCredit Card ChargeCredit Card ChargeBillBillBillBillBillBillBillBillBillBillBillBillCredit Card ChargeCredit Card ChargeBillCredit Card ChargeCredit Card ChargeCredit Card ChargeCredit Card ChargeBillBillCredit Card ChargeBillBillBillBillBillBillBillCredit Card ChargePage 1 of 5 01/2112021 1353921 HOME DEPOT 353.46 34,704.12
01/25/2021 AMAZON BUSINESS 269.68 34,973.8001/13/2021 9544826 HOME DEPOT 151.55 34,312.9001/19/2021 20841 NOR-CAL RECYCLED ROCK 37.76 34,350.6601/11/2021 521708-2 AACTION RENTS 411.59 33,559.7301/11/2021 1544749 HOME DEPOT 601.62 34.161.3501/04/2021 321132 MENDO MILL 233.68 32,093.1301/05/2021 December 2020 HOME DEPOT 1,055.01 33,148.14 12/31/2020 December 2020 FRIEDMAN BROS. 2,903.00 30,472.5501/01/2021 National Business Furniture 1,386.90 31,859.4512/30/2020 Norcal Recycle Rock 90.62 27,412 .1212/31/2020 20809 NOR-CAL RECYCLED ROCK 157.43 27,569.5512/23/2020 HOME DEPOT 1,598.66 27,069.6412/23/2020 Norcal Recycle Rock 251.86 27,321.50 12/18/2020 Solid Waste Systems. Inc 171.19 24,927.4812/22/2020 HD Supply White Cap 543.50 25,470.9812/16/2020 HOME DEPOT 85.22 24,335.59 12/1712020 Northern Tool 420.70 24,756.29
11/30/2020 November 2020 FRIEDMAN BROS. 1,966.10 20,716.45 12/04/2020 November 2020 HOME DEPOT 3,533.92 24,250.3711/20/2020 513463-2 AACTION RENTS 163.52 18,207.63 11/2512020 146754 RELIABLE MILL SUPPLY INC 542.72 18,750.3511/02/2020 1070212 HOME DEPOT 292.87 17,955.2611/04/2020 781159 Solid Waste Systems, Inc 88.85 18,044.1110/1512020 9074649 HOME DEPOT 138.23 17,598.9210/2912020 5022154 HOME DEPOT 63.47 17,662.39 10/12/2020 9195 MENDOCINO METALS 716.76 17,405.81
10/14/2020 505237-2 AACTION RENTS 54.88 17,460.6910/09/2020 Estimate 10092020 JERI-CO GARAGE DOORS 8,100.00 8,589.05 10/09/2020 Remaining Balance JERI-CO GARAGE DOORS 8,100.00 16,689.0509/01/2020 OFFICE SUPPLY.COM 233.87 430.5809/17/2020 OFFICE SUPPLY.COM 58.47 489.05Date Num Source Name Memo Debit Credit Balance07/27/2020 9094 MENDOCINO METALS 196.71 196.71

FY 2022/23 – 2026/27 Subrecipient Cooperative Agreement – City of Ukiah

Revised form approved by MCOG 10/4/10
Administrative update 8/2/22
2022-23

APPLICATION FOR MCOG FUNDING
PEDESTRIAN and/or BICYCLE FACILITIES PROJECT
Please complete each portion of the application in as much detail as possible/appropriate.

1. Project Name: 9. Line item cost estimate:
a. Environmental Documentation
b. Design
c. Right-of-Way
d. Construction

2. Applicant (City, County, MTA)

3. Estimated Total Cost:
$

4. Funding Requested:
$

5. Other Funding: (identify amounts & sources)

6. This Form Prepared By:

7. Phone Number:

8. Date:

10. Description of project: Specify type of facility (pedestrian walkway, standard sidewalk, bikeway (Class I, II, or III) multi-use facility, ADA compliance, etc. How does this project implement the 2008 California Complete Streets legislation? EXHIBIT C-3 MCOG's Adopted Policies & Instructions - Bicycle & Ped.

Revised form approved by MCOG 10/4/10
Administrative update 8/2/22

11. How would this facility improve safety? (Upgrade existing facility, provide new facility, remove gaps in existing system?)

12. How much use (in users per day, or per week) would this facility get? What is the basis for this estimate? (What is the traffic volume on adjacent street/road, if applicable?)

13. To what extent would this facility be used by commuters? Commuters are people (including children) who use the facility for utilitarian purposes (including work, school, shopping, etc.).

Identify below and on project map, non-motorized traffic generators and attractors (residential neighborhoods, schools, shopping, recreational areas, etc.) along or at termini of proposed project.

14. What is the readiness of this project? Include milestones for each activity below:

Activity Date (mo/yr)
Environmental
Design
Right-of-Way
Construction

Revised form approved by MCOG 10/4/10
Administrative update 8/2/22

15. Will this project completely or partially implement a specific plan that has been developed and adopted for the area? Examples are: Downtown Design Plan, Community Action Plan, Downtown Streetscape Plan, ADA Implementation Plan, Transit Service Implementation Plan.

16. Is the proposed project identified in or consistent with existing plans for the area (Active Transportation Plan, Bikeway Plan, City/County General Plans, Regional Transportation Plan, and others)? Identify where project is listed in plan or state how consistency with plan is achieved.

17. What alternate sources of funding have been sought for this project? Source Application Date Status Date Available if Approved

18. Is this non-motorized project a component of a larger project? If so, provide details of the larger project

Revised form approved by MCOG 10/4/10
Administrative update 8/2/22

19. What other funds have already been committed to this project? Fund Type Amount Documentation (Funding Agreement, Resolution/Minute Order)

20. Does your agency currently have any open LTF 2% Bike & Pedestrian projects? If so, what is the status?

21. Other Comments:

EXHIBIT D
Special Conditions

REGIONAL EARLY ACTION PLANNING (REAP)
MCOG amended its Joint Powers Agreement (JPA) in 2020 to add housing matters as a specific power, with all five member agencies approving by resolution, in order to take advantage of grant opportunities from California Department of Housing and Community Development (HCD).

HCD awarded a Regional Early Action Planning (REAP) Program grant to MCOG under its Local Government Planning Support Grants Program to Councils of Governments and other Regional Entities (as described in Health and Safety Code section 50515.02), for activities that “increase housing planning and accelerate housing production in ways that align with state planning priorities, housing, transportation, equity, and climate goals” with eligible activities that include providing technical assistance, performing infrastructure planning, and conducting feasibility studies.

MCOG elected to suballocate 90 percent of the grant funds to member jurisdictions for these activities, and after consultation with agency staffs, approved a distribution formula. Each agency chose one or more eligible projects to accomplish. MCOG shall reimburse each agency upon receipt of invoices for allowable costs as described in the grant proposal.

Due to a time extension by HCD, projects may be carried over to Fiscal Year 2023/24. Refer to MCOG’s REAP application for details, available by request.

City of Ukiah’s 2022/23 grant funding is $69,536.

FUNDING AND AGENCY RESPONSIBILITIES:

REAP Suballocations – Carried Over
County of Mendocino $177,228
City of Ukiah 69,536
City of Fort Bragg 46,410
City of Willits 35,365
City of Point Arena 0 - project completed
Subtotal $328,539
MCOG REAP funds carried over (of $38,325 or 10%) $ 25,912 for Grant Administration & Management
TOTAL REAP Grant carried over $ 354,451
Responsible
Agency
Estimated
Person Days Budget FundingSource Funding Year
City of Ukiah N/A 69,536 State HCD 2020/21

Agenda Item No: 14.b.

MEETING DATE/TIME: 9/20/2023

ITEM NO: 2023-3010

AGENDA SUMMARY REPORT
SUBJECT: Introduction by Title Only of an Ordinance Amending Chapter 4.1 to Division 5 of the Ukiah City Code to Establish Organic Waste Disposal Regulation and Enforcement Requirements per Senate Bill 1383, Short-Lived Climate Pollutants.

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

1. Ordinance No 1221 to Regulate and Enforce Reduction of Organic Waste Disposal

2. Organic Waste Disposal Reduction Ordinance Self-Haul Amendment Redline

3. Organic Waste Disposal Reduction Ordinance Self-Haul Amendment clean Summary: Council will consider introducing an ordinance amending Chapter 4.1 to Division 5 of the Ukiah City Code to establish organic waste disposal regulation and enforcement requirements per Senate Bill 1383, ShortLived Climate Pollutants.

Background: On February 16, 2022, the Ukiah City Council was presented with a Resolution to comply with the regulatory requirements Senate Bill 1383, Short-Lived Climate Pollutants. On March 2, 2022, City Council introduced an ordinance that provided regulation and enforcement tools to divert and reduce the amount of short-lived climate pollutants. The March 2022 Ordinance is attached here as Attachment 1.

Discussion: SB 1383 requires the City to adopt an enforceable ordinance to compel city residents and business owners to recycle their organic waste, comply with other requirements of the regulation. The responsibility for the funding, administrative services and implementation of those goals are put upon the City.

Part of the requirements of SB1383 is to implement regulations regarding self-haulers. Self-haulers are defined as someone who hauls solid waste, organic waste or recyclable material generated by another person. A typical self-hauler would be a landscaper who collects green waste like lawn clippings, brush etc from a customer's residence. The original ordinance adopted by the City did not address self-haulers specifically. This amendment to the City Code would define self-haulers and establish regulations and enforcement provisions applicable to self-haulers. See Attachments 2 and 3 for complete revisions, in redlined and clean versions.

Recommended Action: Introduce, by title only, an Ordinance amending Chapter 4.1 to Division 5 of the Ukiah City Code to establish organic waste disposal regulation and enforcement requirements per Senate Bill 1383, Short-Lived Climate Pollutants.

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 Attorney
DIVERSITY-EQUITY INITIATIVES (DEI):N/A

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

GENERAL PLAN ELEMENTS (GP):N/A

ORDINANCE NO. 1221
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING CHAPTER 4.1 TO DIVISION 5 OF THE UKIAH CITY CODE TO REGULATE AND ENFORCE REDUCTION OF

ORGANIC WASTE DISPOSAL
The City Council of the City of Ukiah hereby ordains as follows:

SECTION ONE. FINDINGS

1. State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 ( California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle ( including composting) Solid Waste generated in their jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment..

2. State recycling law, Assembly Bill 341 of 2011 ( approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734. 5, and 41780. 01 and Chapter 12. 8 ( commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780. 02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and MultiFamily property owners that generate a specified threshold amount of Solid Waste to arrange for recycling services and requires the City to implement a Mandatory Commercial Recycling program.,
l

3. State organics recycling law, Assembly Bill 1826 of 2014( approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 ( commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and Multi- Family property owners that generate a specified threshold amount of Solid Waste, Recycling, and Organic Waste per week to arrange for recycling services for that waste, requires local agencies to implement a recycling program to divert Organic Waste from businesses subject to the law, and requires local agencies to implement a Mandatory Commercial Organics Recycling program..

4. SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including local agencies, residential households, Commercial Businesses and business owners, Commercial Edible Food Generators, haulers, Self- Haulers, Food Recovery Organizations, and Food Recovery Services to support achievement of Statewide Organic Waste disposal reduction targets..

5. SB 1383, the Short- lived Climate Pollutant Reduction Act of 2016, requires local agencies to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. This Ordinance will also help reduce food insecurity by requiring

ATTACHMENT 1

Commercial Edible Food Generators to arrange to have the maximum amount of their Edible Food, that would otherwise be disposed, be recovered for human consumption..

SECTION TWO.

Chapter 4. 1 is hereby added to Division 5 of the Ukiah City Code and shall read as follows:

Chapter 4. 1 ORGANIC WASTE DISPOSAL REDUCTION
Article 1 Definitions
4450. 0. Definitions
For the purposes of this Chapter and as used herein, certain abbreviations, terms, phrases, words and their derivations shall be construed and shall have the meaning and be defined as hereinafter provided in this Article.
a) " Blue Container' has the same meaning as in 14 CCR Section 18982. 2(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials or Source Separated Blue Container Organic Waste.
b) " CalRecycle" means California' s Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on local agencies ( and others).
c) " California Code of Regulations" or " CCR" means the State of California Code of Regulations.

CCR references in this Chapter are preceded with a number that refers to the relevant Title of the CCR (e.g., " 14 CCR" refers to Title 14 of CCR).
d) " Commercial Business" or " Commercial" means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982( a)( 6). A Multi- Family Residential Dwelling that consists of fewer than five ( 5) units is not a Commercial Business for purposes of implementing this Chapter.
e) " Commercial Edible Food Generator' includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in Subsections 4450. 0( 111) and 4450. 0( mmm) of this Chapter or as otherwise defined in 14 CCR Section 18982( a)( 73) and ( a)( 74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982( a)( 7).
f) "Compliance Review" means a review of records by the City to determine compliance with this Chapter.
g) " Community Composting" means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855( a)( 4); or, as otherwise defined by 14 CCR Section 18982( a)( 8).

h) " Compost" has the same meaning as in 14 CCR Section 17896. 2( a)( 4), which stated, as of the effective date of this Chapter, that " Compost" means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the municipal Solid Waste stream, or which are separated at a centralized facility. i) " Compostable Plastics" or " Compostable Plastic" means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984. 1( a)( 1)( A) or 18984. 2( a)( 1)( C).
j) " Container Contamination" or" Contaminated Container" means a container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982( a)( 55).
k) " C& D" means construction and demolition debris.
1) " Designee" means an entity that the City contracts with or otherwise arranges to carry out any of the City' s responsibilities of this Chapter as authorized in 14 CCR Section 18981. 2. A Designee may be a government entity, a hauler, a private entity, or a combination of those entities. m) " Edible Food" means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982( a)( 18). For the purposes ofthis Chapter or as otherwise defined in 14 CCR Section 18982( a)( 18), " Edible Food" is not Solid Waste if it is recovered and not discarded. Nothing in this Chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code. n) " Enforcement Action" means an action of the City to address non- compliance with this Chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
o) " Excluded Waste" means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator( s), which receive materials from the City and its generators, reasonably believe( s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or Chapter, including: land use restrictions or conditions, waste that cannot be disposed of in Class Ill landfills or accepted at the facility by permit conditions, waste that in the City's, or its Designee's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the City, or its Designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single- Family or MultiFamily Solid Waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.
p) " Food Distributor" means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982( a)( 22). q) " Food Facility" has the same meaning as in Section 113789 of the Health and Safety Code.

r) " Food Recovery" means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982( a)(24). s) " Food Recovery Organization" means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982( a)( 25), including, but not limited to:
1) A food bank as defined in Section 113783 of the Health and Safety Code; 2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,
3) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982( a)( 7).
t) " Food Recovery Service" means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982( a)( 7). u) " Food Scraps" means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps. v) " Food Service Provider" means an entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).
w) " Food- Soiled Paper" is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.
x) " Food Waste" means Food Scraps and Food- Soiled Paper.. y) " Gray Container" has the same meaning as in 14 CCR Section 18982. 2( a)( 28) and shall be used for the purpose of storage and collection of Gray Container Waste. s) " Gray Container Waste" means Solid Waste that is collected in a Gray Container that is part of a three- container Organic Waste collection service that prohibits the placement of Organic Waste in the Gray Container as specified in 14 CCR Sections 18984. 1( a) and( b), or as otherwise defined in 14 CCR Section 17402( a)( 6.5).

aa) " Green Container' has the same meaning as in 14 CCR Section 18982. 2( a)( 29) and shall be used for the purpose of storage and collection of Source Separated Green Container Organic Waste. bb) " Grocery Store" means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982( a)( 30). cc) " Hauler Route" means the designated itinerary or sequence of stops for each segment of the City' s collection service area, or as otherwise defined in 14 CCR Section 18982( a)( 31. 5). dd) " Inspection" means a site visit where the City reviews records, containers, and an entity' s collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this Chapter, or as otherwise defined in 14 CCR Section 18982( a)(35).
ee) " City Enforcement Official" means the city manager, county administrative official, chief operating officer, executive director, or other executive in charge or their authorized Designee( s) who islare partially or whole responsible for enforcing this Chapter. See also " Regional or County Agency Enforcement Official".
ff) " Large Event" means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982( a)( 38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this Chapter.
gg) " Large Venue" means a permanent venue facility that annually seats or serves an average of more than 2, 000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 18982( a)( 39) differs from this definition, the definition in 14 CCR Section 18982( a)( 39) shall apply to this Chapter.
hh) " Local Education Agency" means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982( a)( 40).
ii) " Multi- Family Residential Dwelling" or "Multi-Family" means of, from, or pertaining to residential premises with five( 5) or more dwelling units. Multi- Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses.

Nan- Compostable Paper" includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982( a)( 41).
kk) " Non- Local Entity" means the following entities that are not subject to the Jurisdiction' s enforcement authority, or as otherwise defined in 14 CCR Section 18982( a)(42):
1) Special district( s) located within the boundaries of the Jurisdiction. 2) County fairgrounds located within the boundaries of the City 3) State agencies located within the boundaries of the Jurisdiction.

II) " Non- Organic Recyclables" means non- putrescible and non- hazardous recyclable wastes including but not limited to Mottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982( a)( 43).
mm) " Notice of Violation ( NOV)" means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982( a)( 48) or further explained in 14 CCR Section 18995.4. nn) " Organic Waste" means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982( a)( 46). Biosolids and digestate are as defined by 14 CCR Section 18982( a). oo) " Organic Waste Generator" means a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982( a)( 48). pp) " Paper Products" include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982( a)( 51)_
qq) " Printing and Writing Papers" include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982( a)( 54).
rr) " Prohibited Container Contaminants" means the following: ( i) discarded materials placed in the Blue Container that are not identified as acceptable Source Separated Recyclable Materials for the Jurisdiction' s Blue Container; ( ii) discarded materials placed in the Green Container that are not identified as acceptable Source Separated Green Container Organic Waste for the Jurisdiction' s Green Container; ( iii) discarded materials placed in the Gray Container that are acceptable Source Separated Recyclable Materials and/ or Source Separated Green Container Organic Wastes to be placed in Jurisdiction' s Green Container and/ or Blue Container; and, ( iv) Excluded Waste placed in any container.

ss) " Recovered Organic Waste Products" means products made from California, landfill-diverted recovered Organic Waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982( a)( 60).
tt) " Recovery" means any activity or process described in 14 CCR Section 18983. 1( b), or as otherwise defined in 14 CCR Section 18982( a)(49).
uu) " Recycled- Content Paper" means Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiberweight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982( a)( 61).
vv) " Regional Agency" means regional agency as defined in Public Resources Code Section 40181. ww) " Regional Agency or County Enforcement Official" means a regional or county agency enforcement official, designated by the City with responsibility for enforcing this Chapter in conjunction or consultation with the City Enforcement Official. The City may opt not to designate a Regional Agency or County Enforcement Official.
xx) " Renewable Gas" means gas derived from Organic Waste that has been diverted from a California landfill and processed at an in- vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle Organic Waste, or as otherwise defined in 14 CCR Section 18982( a)( 62). yy) " Restaurant" means an establishment primarily engaged in the retail sale of food and drinks for on- premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982( a)( 64). zz) " Route Review" means a visual Inspection of containers along a Hauler Route for the purpose of determining Container Contamination, and may include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982( a)( 65). aaa) " SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730. 5, 39730. 6, 39730. 7, and 39730. 8 to the Health and Safety Code, and added Chapter 13. 1 ( commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short- lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.
bbb) " SB 1383 Regulations" or " SB 1383 Regulatory" means or refers to, for the purposes of this Chapter, the Short- Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
ccc) " Single- Family' means of, from, or pertaining to any residential premises with fewer than five ( 5) units.
ddd) " Solid Waste" has the same meaning as defined in State Public Resources Code Section 40191, which defines Solid Waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste,

manure, vegetable or animal solid and semi- solid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes:
1) Hazardous waste, as defined in the State Public Resources Code Section 40141. 2) Radioactive waste regulated pursuant to the State Radiation Control Law ( Chapter 8 commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).
3) Medical waste regulated pursuant to the State Medical Waste Management Act( Part 14 commencing with Section 117600) of Division 104 of the State Health and Safety Code).

Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195. 1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code.
eee) " Source Separated" means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402. 5( b)( 4). For the purposes of this Chapter, Source Separated shall include separation of materials by the generator, property owner, property owner' s employee, property manager, or property manager's employee into different containers for the purpose of collection such that Source Separated materials are separated from Gray Container Waste or other Solid Waste for the purposes of collection and processing. fff) " Source Separated Blue Container Organic Waste" means Source Separated Organic Wastes that can be placed in a Blue Container that is limited to the collection of those Organic Wastes and Non-Organic Recyclables as defined in Section 18982( a)(43), or as otherwise defined by Section 17402( a)( 18. 7).
ggg) " Source Separated Green Container Organic Waste" means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste by the generator, excluding Source Separated Blue Container Organic Waste, carpets, Non- Compostable Paper, and textiles.
hhh) " Source Separated Recyclable Materials" means Source Separated Non- Organic Recyclables and Source Separated Blue Container Organic Waste.

State" means the State of California.

Q) " Supermarket" means a full- line, self-service retail store with gross annual sales of two million dollars ($ 2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982( a)( 71). kkk) " Tier One Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one of the following:

1) Supermarket.
2) Grocery Store with a total facility size equal to or greater than 10,000 square feet. 3) Food Service Provider.
4) Food Distributor.
5) Wholesale Food Vendor.

If the definition in 14 CCR Section 18982( a)( 73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this Chapter.

III) " Tier Two Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one of the following:
1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5, 000 square feet.
2) Hotel with an on- site Food Facility and 200 or more rooms. 3) Health facility with an on- site Food Facility and 100 or more beds. 4) Large Venue.
5) Large Event.
6) A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.
7) A Local Education Agency facility with an on- site Food Facility.

If the definition in 14 CCR Section 18982( a)( 74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982( a)( 74) shall apply to this Chapter.
mmm)" Uncontainerized Green Waste and Yard Waste Collection Service" or" Uncontainerized Service" means a collection service that collects green waste and yard waste that is placed in a pile or bagged for collection on the street in front of a generators house or place of business for collection and transport to a facility that recovers Source Separated Organic Waste, or as otherwise defined in 14 CCR Section 189852(a)( 75).
nnn) " Wholesale Food Vendor" means a business or establishment engaged in the merchant wholesale distribution of food, where food ( including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852( a)( 76).

Article 2 Requirements for Compliance
4450. 1 Requirements for..Sing.le-Family Organic Waste Generators Single- Family Organic Waste Generators shall comply with the following requirements:
a) Shall subscribe to the City's Organic Waste collection services for all Organic Waste generated as described below in Section 4( b). The City shall have the right to review the number and size of a generators containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Single- Family generators shall adjust its service level for its collection services as requested by the City.

Generators may additionally manage their Organic Waste by preventing or reducing their Organic

Waste, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984. 9(c).
b) Shall participate in the City's Organic Waste collection service(s) by placing designated materials in designated containers as described in Subsection c of this Section, and shall not place Prohibited Container Contaminants in collection containers. c) Generator shall place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Gray Container Waste in the Gray Container. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container. 4450.2 Requirements„for.C..o..... m.... m...... e. r c—ial Businesses Generators that are Commercial Businesses, including Multi-Family Residential Dwellings, shall:
a) Subscribe to the City's collection services and comply with requirements of those services as described below in Subsection ( b).
b) Participate in the City' s Organic Waste collection service( s) by placing designated materials in designated containers as described in Subsection ( c) of this Section. c) Generator shall place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Gray Container Waste in the Gray Container. Generator shall not place materials designated for the Gray Container into the Green Container or Blue Container. d) Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors ( conforming with Subsections ( e)( 1) and 6(e)( 2) below) for employees, contractors, tenants, and customers, consistent with the City' s Blue Container, Green Container, and Gray Container collection service.
e) Excluding Multi- Family Residential Dwellings, provide containers for the collection of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:
1) A body or lid that conforms with the container colors provided through the collection service provided by the City, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A Commercial Business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

2) Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant 14 CCR Section 18984. 8, the container labeling requirements are required on new containers commencing January 1, 2022. f) Multi- Family Residential Dwellings are not required to comply with container placement requirements or labeling requirement in Subsection ( d) above pursuant to 14 CCR Section 18984. 9( b).
g) To the extent practical through education, training, Inspection, and/ or other measures, excluding Multi- Family Residential Dwellings, prohibit employees from placing materials in a container not designated for those materials per the City's Blue Container, Green Container, and Gray Container collection service,
h) Excluding Multi-Family Residential Dwellings, periodically inspect Blue Containers, Green Containers, and Gray Containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984. 9( b)( 3).
i) Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials.

Q) Provide education information before or within fourteen ( 14) days of occupation of the premises to new tenants that describes requirements to keep Source Separated Green Container Organic Waste and Source Separated Recyclable Materials separate from Gray Container Waste ( when applicable) and the location of containers and the rules governing their use at each property. k) Provide or arrange access for the City or its agent to their properties during all Inspections conducted in accordance with Section 4450.6 of this Chapter to confirm compliance with the requirements of this Chapter.
1) Nothing in this Section prohibits a generator from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984. 9( c).
m) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to Section 4450.4. 4460. 3 Requirements for Commercial Edible Food Generators a) Tier One Commercial Edible Food Generators must comply with the requirements of this Section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991. 3. b) Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Lange Event to comply with the requirements of this Section, commencing January 1, 2024.

c) Commercial Edible Food Generators shall comply with the following requirements:
1) Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.
2) Contract with, or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or, (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self- hauls to the Food Recovery Organization for Food Recovery.
3) Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.
4) Allow the City's designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991. 4. 5) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991. 4:

A) A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991. 3( b).

B) A copy of all contracts or written agreements established under 14 CCR Section 18991. 3( b).

C A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
i) The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
ii) The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization.
iii) The established frequency that food will be collected or self- hauled. iv) The quantity of food, measured in pounds recovered per month, collected or selfhauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
d) Nothing in this Chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 ( approved by the Govemor of the State of California on September 25, 2017, which added Article 13[ commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

U4450. 4 Requirements for Food Recovery Organizations and Services v.,,,,,..,,,,,,,,,,,,,, a) Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991. 3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991. 5( a)( 1):
1) The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food.
2) The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.
3) The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.
4) The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery. b) Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991. 3( b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991. 5(a)( 2):
1) The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food.
2) The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.
3) The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery. 4450.5 Requirements for Haulers and Facility Operators I...... a) Requirements for Haulers. The exclusive franchise providing residential, Commercial, or industrial Organic Waste collection services to generators within the City' s boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the City to collect Organic Waste:
1) Through written notice to the City annually on or before January 1, 2023, identify the facilities to which they will transport Organic Waste including facilities for Source Separated Recyclable Materials and Source Separated Green Container Organic Waste. 2) Transport Source Separated Recyclable Materials and Source Separated Green Container Organic Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.

L
3) Obtain approval from the City to haul Organic Waste, unless it is transporting Source

Separated Organic Waste to a Community Composting site or lawfully transporting construction and demolition materials (" C& D") in a manner that complies with 14 CCR Section 18989. 1, and applicable provisions of this Chapter and of the Ukiah City Code. b) Requirements for Facility Operators and Community Composting Operations 1) Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, in- vessel digestion facilities, and publicly-owned treatment works shall, upon the City' s request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the City shall respond within 60 days. 2) Community Composting operators, upon the City's request, shall provide information to the City to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation. Entities contacted by the City shall respond within 60 days.

Article 3 Investigatory and Enforcement Authority of the City 4450. fi„Inspections and Investigations by the City
a) City representatives and/or its designated entity, including Designees are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or Source Separated materials to confirm compliance with this Chapter by Organic Waste Generators, Commercial Businesses ( including Multi- Family Residential Dwellings), property owners, Commercial Edible Food Generators, haulers, Self- Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. This Section does not allow the City to enter the interior of a private residential property for Inspection. b) Regulated entity shall provide or arrange for access during all Inspections ( with the exception of residential property interiors) and shall cooperate with the City' s employee or its designated entity/ Designee during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this Chapter described herein. failure to provide or arrange for: ( i) access to an entity' s premises; or ( ii) access to records for any Inspection or investigation is a violation of this Chapter and may result in penalties described. c) Any records obtained by the City during its Inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Goverment Code Section 6250 et seq.
d) City representatives, its designated entity, and/ or Designee are authorized to conduct any Inspections or other investigations as reasonably necessary to further the goals of this Chapter, subject to applicable laws.
e) The City shall receive written complaints from persons regarding an entity that may be potentially non- compliant with SB 1383 Regulations, including receipt of anonymous complaints.

94450. 7 Enforcement
a) Violation of any provision of this Chapter shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by the City Enforcement Official or representative. Enforcement Actions under this Chapter are issuance of an administrative citation and assessment of a fine.

The City's procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this Chapter and any rule or regulation adopted pursuant to this Chapter, except as otherwise indicated in this Chapter. b) Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. The City may pursue civil actions in the Califomia courts to seek recovery of unpaid administrative citations. The City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of City staff and resources.
c) Responsible Entity for Enforcement
1) Enforcement pursuant to this Chapter may be undertaken by the City Enforcement Official, which may be the City Manager or their designee, legal counsel, or combination thereof.
2) Enforcement may also be undertaken by a Regional or County Agency Enforcement Official, designated by the City, in consultation with City Enforcement Official.

A) City Enforcement Official( s) and Regional or County Agency Enforcement Official, if designated, will interpret this Chapter; determine if violation( s) have occurred; implement Enforcement Actions; and, determine if compliance standards are met.

B) City Enforcement Official( s) and Regional or County Agency Enforcement Official, if designated, may issue Notices of Violation(s).
d) Process for Enforcement
1) City Enforcement Officials or Regional or County Enforcement Officials and/ or their Designee will monitor compliance with the Chapter randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an Inspection program.

Section 4450. 6 establishes City' s right to conduct Inspections and investigations. 2) The City may issue an official notification to notify regulated entities of its obligations under the Chapter.
3) The City shall issue a Notice of Violation requiring compliance within sixty ( 60) days of issuance of the notice.
4) Absent compliance by the respondent within the deadline set forth in the Notice of Violation, the City shall commence an action to impose penalties, via an administrative citation and fine, pursuant to this Section. Notices shall be sent to " owner" at the official

address of the owner maintained by the tax collector for the City or if no such address is available, to the owner at the address of the dwelling or Commercial property or to the party responsible for paying for the collection services, depending upon available information
e) Penalty Amounts for Types of Violations. The administrative penalty levels are as follows:
1) For a first violation, the amount of the base penalty shall be$ 50 to$ 100 per violation. 2) For a second violation, the amount of the base penalty shall be$ 100 to$ 200 per violation. 3) For a third or subsequent violation, the amount of the base penalty shall be$ 250 to$ 500 per violation.
f) Factors Considered in Determining Penalty Amount. The following factors shall be used to determine the amount of the penalty for each violation within the appropriate penalty amount range:
1) The nature, circumstances, and severity of the violation(s). 2) The violator' s ability to pay.
3) The willfulness of the violator's misconduct.
4) Whether the violator took measures to avoid or mitigate violations of this Chapter. 5) Evidence of any economic benefit resulting from the violation( s). 0 6) The deterrent effect of the penalty on the violator. 7) Whether the violation( s) were due to conditions outside the control of the violator. g) Compliance Deadline Extension Considerations.

The City may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with this Section if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
2) Delays in obtaining discretionary permits or other government agency approvals; or, 3) Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the City is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996. 2 due to those deficiencies.
h) Appeals Process.

Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation.
1) The violator may file an appeal of the issuance of the Citation with the City Enforcement Official. Such appeal shall be in writing and shall identify the property subject to the citation. The City Enforcement Official shall then cause the matter to be set for hearing before a Hearing Officer appointed by the City to hear such matters. The Hearing Officer shall be qualified by training, education and/ or experience to conduct the hearing and shall be impartial. Except in his or her capacity as a Hearing Officer, he or she shall have no personal or business relationship to the property owner or the City. 2) Notice of the date of hearing shall be given in writing. The date of the hearing shall be no sooner than fifteen ( 15) days from the date when notice of the hearing is given to the appellant and to the City Enforcement Official.
3) At the time fixed in the notice, the Hearing Officer shall receive evidence, including the testimony of all competent persons desiring to testify respecting the condition leading to issuance of the citation.
4) Upon conclusion of the hearing, the Hearing Officer( s) shall determine whether to sustain or overrule the issuance of the citation and shall issue a written order. 5) The decision of the Hearing Officer on the determination of nuisance is final. Any appeal of the Hearing Officer's decision shall be governed by California Code of Civil Procedure section 1094. 6 as such section may be amended from time to time. i) Education Period for Non- Compliance
Beginning January 1, 2022 and through December 31, 2023, City will conduct Inspections, Remote Monitoring, Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance, and if City determines that Organic Waste Generator, Self- Hauler, hauler, Tier One Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this Chapter and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024. j} Civil Penalties for Non- Compliance
Beginning January 1, 2024, if the City determines that an Organic Waste Generator, Self- Hauler, hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with this Chapter, it shall document the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action pursuant to this Section, as needed.

SECTION THREE.

1. Publication: Within fifteen ( 15) days after its adoption, this Ordinance shall be published once in a newspaper of general circulation in the City of Ukiah. In lieu of publishing the full text of

the Ordinance, the City may publish a summary of the Ordinance once 5 days prior to its adoption and again within fifteen ( 15) days after its adoption.

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

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

AYES: Councilmembers Orozco, Crane, Rodin, Duenas, and Mayor Brown NOES: None
ABSENT. None
ABSTAIN: None
Adopted on March 16, 2022, by the following roll call vote:

AYES: Councilmembers Orozco, Rodin, Duenas, and Mayor Brown NOES: None
ABSENT: Councilmember Crane
ABSTAIN_ None
Ji . Brown, Mayor
ATTEST:
a
If
KAstine Lawler, CMCICity Clerk

ORDINANCE NO. XX
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING CHAPTER 4.1 TO DIVISION 5 OF THE UKIAH CITY CODE TO APPLY ORGANIC WASTE DISPOSAL REGULATION

AND ENFORCEMENT PROVISIONS TO SELF-HAULERS
The City Council of the City of Ukiah hereby ordains as follows:

SECTION ONE.

Chapter 4.1 is hereby added toof Division 5 of the Ukiah City Code and shallis hereby amended read as follows (unchanged text is omitted and is shown by “* * *”):

Chapter 4.1 ORGANIC WASTE DISPOSAL REDUCTION
Article 1 Definitions
§4450.0 Definitions
For the purposes of this Chapter and as used herein, certain abbreviations, terms, phrases, words and their derivations shall be construed and shall have the meaning and be defined as hereinafter provided in this Article.
* * *
(ccc) “SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to, for the purposes of this Chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
(ddd) “Self-Hauler” means a person, who hauls Solid Waste, Organic Waste or recyclable material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting Organic Waste to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).“Single-Family” means of, from, or pertaining to any residential premises with fewer than five (5) units. (dddeee) “Single-Family” means of, from, or pertaining to any residential premises with fewer than five (5) units.
(eeefff) “Solid Waste” has the same meaning as defined in State Public Resources Code Section 40191, which defines Solid Waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes:

Attachment 2

(1) Hazardous waste, as defined in the State Public Resources Code Section 40141. (2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code). (3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code. (fffggg) “Source Separated” means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this Chapter, Source Separated shall include separation of materials by the generator, property owner, property owner’s employee, property manager, or property manager’s employee into different containers for the purpose of collection such that Source Separated materials are separated from Gray Container Waste or other Solid Waste for the purposes of collection and processing.
(ggghhh) “Source Separated Blue Container Organic Waste” means Source Separated Organic Wastes that can be placed in a Blue Container that is limited to the collection of those Organic Wastes and Non-Organic Recyclables as defined in Section 18982(a)(43), or as otherwise defined by Section 17402(a)(18.7).
(hhhiii)“Source Separated Green Container Organic Waste” means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste by the generator, excluding Source Separated Blue Container Organic Waste, carpets, Non-Compostable Paper, and textiles.
(iiijjj) “Source Separated Recyclable Materials” means Source Separated Non-Organic Recyclables and Source Separated Blue Container Organic Waste.
(jjjkkk) “State” means the State of California.
(kkklll) “Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71). (lllmmm) “Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
(1) Supermarket.
(2) Grocery Store with a total facility size equal to or greater than 10,000 square feet. (3) Food Service Provider.
(4) Food Distributor.
(5) Wholesale Food Vendor.

If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this Chapter. (mmmnnn) “Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
(1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
(2) Hotel with an on-site Food Facility and 200 or more rooms. (3) Health facility with an on-site Food Facility and 100 or more beds. (4) Large Venue.
(5) Large Event.
(6) A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.
(7) A Local Education Agency facility with an on-site Food Facility.

If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this Chapter. (nnnooo) “Uncontainerized Green Waste and Yard Waste Collection Service” or “Uncontainerized Service” means a collection service that collects green waste and yard waste that is placed in a pile or bagged for collection on the street in front of a generator’s house or place of business for collection and transport to a facility that recovers Source Separated Organic Waste, or as otherwise defined in 14 CCR Section 189852(a)(75).
(oooppp) “Wholesale Food Vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).

Article 2 Requirements for Compliance
§4450.1 Requirements for Single-Family Organic Waste Generators Single-Family Organic Waste Generators shall comply with the following requirements, except SingleFamily generators that meet the Self-Hauler requirements in Section 4450.6 of this Chapter:
(a) Shall subscribe to the City’s Organic Waste collection services for all Organic Waste generated as described below in Section 4(b). The City shall have the right to review the number and size of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Single-Family generators shall adjust its service level for its collection services as requested by the City. Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c). (b) Shall participate in the City’s Organic Waste collection service(s) by placing designated materials in designated containers as described in Subsection c of this Section, and shall not place Prohibited Container Contaminants in collection containers. (c) Generator shall place Source Separated Green Container Organic Waste, including Food Waste, in

the Green Container; Source Separated Recyclable Materials in the Blue Container; and Gray Container Waste in the Gray Container. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container.
§4450.2 Requirements for Commercial Businesses
Generators that are Commercial Businesses, including Multi-Family Residential Dwellings, shall:
(a) Subscribe to the City’s collection services and comply with requirements of those services as described below in Subsection (b), except Commercial Businesses that meet the Self-Hauler requirements in Section 4450.6 of this Chapter.
(b) Except Commercial Businesses that meet the Self-Hauler requirements in Section 4450.6 of this Chapter,Participate participate in the City’s Organic Waste collection service(s) by placing designated materials in designated containers as described in Subsection (c) of this Section. (c) Generator shall place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Gray Container Waste in the Gray Container. Generator shall not place materials designated for the Gray Container into the Green Container or Blue Container.
(d) Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with Subsections (e)(1) and 6(e)(2) below) for employees, contractors, tenants, and customers, consistent with the City’s Blue Container, Green Container, and Gray Container collection service, or, if self-hauling, per the Commercial Businesses’ instructions to support its compliance with its self-haul program, in accordance with this Chapter. (e) Excluding Multi-Family Residential Dwellings, provide containers for the collection of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:
(1) A body or lid that conforms with the container colors provided through the collection service provided by the City, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A Commercial Business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. (2) Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.

(f) Multi-Family Residential Dwellings are not required to comply with container placement requirements or labeling requirement in Subsection (d) above pursuant to 14 CCR Section 18984.9(b). (g) To the extent practical through education, training, Inspection, and/or other measures, excluding Multi-Family Residential Dwellings, prohibit employees from placing materials in a container not designated for those materials per the City’s Blue Container, Green Container, and Gray Container collection service or, if self-hauling, per the Commercial Businesses’ instructions to support its compliance with its self-haul program, in accordance this Chapter . (h) Excluding Multi-Family Residential Dwellings, periodically inspect Blue Containers, Green Containers, and Gray Containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
i) Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials.
(j) Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep Source Separated Green Container Organic Waste and Source Separated Recyclable Materials separate from Gray Container Waste (when applicable) and the location of containers and the rules governing their use at each property. (k) Provide or arrange access for the City or its agent to their properties during all Inspections conducted in accordance with Section 4450.6 of this Chapter to confirm compliance with the requirements of this Chapter.
(l) If a Commercial Business wants to self-haul, meet the Self-Hauler requirements in Section 12 of this ordinance.
(ml) Nothing in this Section prohibits a generator from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
(mn) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to Section 4450.4. §4450.3 Requirements for Commercial Edible Food Generators (a) Tier One Commercial Edible Food Generators must comply with the requirements of this Section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3. (b) Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024. (c) Commercial Edible Food Generators shall comply with the following requirements:

(1) Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.
(2) Contract with, or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or, (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.
(3) Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.
(4) Allow the City’s designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4. (5) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
(A) A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
(B) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
(C) A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
(i) The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
(ii) The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization.
(iii) The established frequency that food will be collected or self-hauled. (iv) The quantity of food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
(d) Nothing in this Chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
§4450.4 Requirements for Food Recovery Organizations and Services

(a) Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
(1) The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food.
(2) The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.
(3) The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.
(4) The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery. (b) Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
(1) The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food. (2) The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.
(3) The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery. §4450.5 Requirements for Haulers and Facility Operators (a) Requirements for Haulers. The exclusive franchise providing residential, Commercial, or industrial Organic Waste collection services to generators within the City’s boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the City to collect Organic Waste:
(1) Through written notice to the City annually on or before January 1, 2023, identify the facilities to which they will transport Organic Waste including facilities for Source Separated Recyclable Materials and Source Separated Green Container Organic Waste. (2) Transport Source Separated Recyclable Materials and Source Separated Green Container Organic Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2. (3) Obtain approval from the City to haul Organic Waste, unless it is transporting Source Separated Organic Waste to a Community Composting site or lawfully transporting construction and demolition materials (“C&D”) in a manner that complies with 14 CCR Section 18989.1, and applicable provisions of this Chapter and of the Ukiah City Code.

(b) Requirements for Facility Operators and Community Composting Operations (1) Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon the City’s request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the City shall respond within 60 days.
(2) Community Composting operators, upon the City’s request, shall provide information to the City to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation. Entities contacted by the City shall respond within 60 days. §4450.6 Self-Hauler Requirements
(a) Self-Haulers shall source separate all recyclable materials and Organic Waste (materials that Jurisdiction otherwise requires generators to separate for collection in the Jurisdiction’s organics and recycling collection program) generated on-site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3. (b) Self-Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Green Container Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste.

Alternatively, Self-Haulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility.
(c) Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste; this record shall be subject to Inspection by the Jurisdiction. The records shall include the following information:
(1) Delivery receipts and weight tickets from the entity accepting the waste. (2) The amount of material in cubic yards or tons transported by the generator to each entity.
(3) If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the Self-Hauler’s vehicle in a manner that allows it to determine the weight of materials received, the Self-Hauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste
(d) Self-Haulers that are Commercial Businesses (including Multi-Family Self-Haulers) shall provide information collected in subsection (c) above to Jurisdiction if requested. (e) A residential Organic Waste Generator that self-hauls Organic Waste is not required to record or

report information in Section 12(c) and (d).

Article 3 Investigatory and Enforcement Authority of the City §4450.76 Inspections and Investigations by the City
(a) City representatives and/or its designated entity, including Designees are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or Source Separated materials to confirm compliance with this Chapter by Organic Waste Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. This Section does not allow the City to enter the interior of a private residential property for Inspection.
(b) Regulated entity shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the City’s employee or its designated entity/Designee during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this Chapter described herein. Failure to provide or arrange for: (i) access to an entity’s premises; or (ii) access to records for any Inspection or investigation is a violation of this Chapter and may result in penalties described.
(c) Any records obtained by the City during its Inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.
(d) City representatives, its designated entity, and/or Designee are authorized to conduct any Inspections or other investigations as reasonably necessary to further the goals of this Chapter, subject to applicable laws.
(e) The City shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints. §4450.87 Enforcement
(a) Violation of any provision of this Chapter shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by the City Enforcement Official or representative. Enforcement Actions under this Chapter are issuance of an administrative citation and assessment of a fine. The City’s procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this Chapter and any rule or regulation adopted pursuant to this Chapter, except as otherwise indicated in this Chapter. (b) Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. The City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a

reasonable use of City staff and resources.
(c) Responsible Entity for Enforcement
(1) Enforcement pursuant to this Chapter may be undertaken by the City Enforcement Official, which may be the City Manager or their designee, legal counsel, or combination thereof. (2) Enforcement may also be undertaken by a Regional or County Agency Enforcement Official, designated by the City, in consultation with City Enforcement Official. (A) City Enforcement Official(s) and Regional or County Agency Enforcement Official, if designated, will interpret this Chapter; determine if violation(s) have occurred; implement Enforcement Actions; and, determine if compliance standards are met. (B) City Enforcement Official(s) and Regional or County Agency Enforcement Official, if designated, may issue Notices of Violation(s). (d) Process for Enforcement
(1) City Enforcement Officials or Regional or County Enforcement Officials and/or their Designee will monitor compliance with the Chapter randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an Inspection program. Section 4450.76 establishes City’s right to conduct Inspections and investigations.
(2) The City may issue an official notification to notify regulated entities of its obligations under the Chapter.
(3) The City shall issue a Notice of Violation requiring compliance within sixty (60) days of issuance of the notice.
(4) Absent compliance by the respondent within the deadline set forth in the Notice of Violation, the City shall commence an action to impose penalties, via an administrative citation and fine, pursuant to this Section. Notices shall be sent to “owner” at the official address of the owner maintained by the tax collector for the City or if no such address is available, to the owner at the address of the dwelling or Commercial property or to the party responsible for paying for the collection services, depending upon available information
(e) Penalty Amounts for Types of Violations. The administrative penalty levels are as follows:
(1) For a first violation, the amount of the base penalty shall be $50 to $100 per violation. (2) For a second violation, the amount of the base penalty shall be $100 to $200 per violation.
(3) For a third or subsequent violation, the amount of the base penalty shall be $250 to $500 per violation.
(f) Factors Considered in Determining Penalty Amount. The following factors shall be used to determine the amount of the penalty for each violation within the appropriate penalty amount range:

(1) The nature, circumstances, and severity of the violation(s). (2) The violator’s ability to pay.
(3) The willfulness of the violator's misconduct.
(4) Whether the violator took measures to avoid or mitigate violations of this Chapter. (5) Evidence of any economic benefit resulting from the violation(s). (6) The deterrent effect of the penalty on the violator. (7) Whether the violation(s) were due to conditions outside the control of the violator. (g) Compliance Deadline Extension Considerations.

The City may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with this Section if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
(1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
(2) Delays in obtaining discretionary permits or other government agency approvals; or, (3) Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the City is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
(h) Appeals Process.

Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation.
(1) The violator may file an appeal of the issuance of the Citation with the City Enforcement Official. Such appeal shall be in writing and shall identify the property subject to the citation. The City Enforcement Official shall then cause the matter to be set for hearing before a Hearing Officer appointed by the City to hear such matters. The Hearing Officer shall be qualified by training, education and/or experience to conduct the hearing and shall be impartial. Except in his or her capacity as a Hearing Officer, he or she shall have no personal or business relationship to the property owner or the City.
(2) Notice of the date of hearing shall be given in writing. The date of the hearing shall be no sooner than fifteen (15) days from the date when notice of the hearing is given to the appellant and to the City Enforcement Official.
(3) At the time fixed in the notice, the Hearing Officer shall receive evidence, including the testimony of all competent persons desiring to testify respecting the condition leading to issuance of the citation.

(4) Upon conclusion of the hearing, the Hearing Officer(s) shall determine whether to sustain or overrule the issuance of the citation and shall issue a written order. (5) The decision of the Hearing Officer on the determination of nuisance is final. Any appeal of the Hearing Officer’s decision shall be governed by California Code of Civil Procedure section 1094.6 as such section may be amended from time to time. (i) Education Period for Non-Compliance
Beginning January 1, 2022 and through December 31, 2023, City will conduct Inspections, Remote Monitoring, Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance, and if City determines that Organic Waste Generator, SelfHauler, hauler, Tier One Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this Chapter and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024. (j) Civil Penalties for Non-Compliance
Beginning January 1, 2024, if the City determines that an Organic Waste Generator, Self-Hauler, hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with this Chapter, it shall document the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action pursuant to this Section, as needed.

SECTION TWO.

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

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

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

AYES: NOES: None
ABSENT: None
ABSTAIN: None
Adopted on , 2023, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mari Rodin, Mayor
ATTEST:

Kristine Lawler, CMC/City Clerk