Agenda packet — Ukiah City Council, October 4, 2023 (part 2 of 2)

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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

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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.

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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

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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

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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

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(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.

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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

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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.

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(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:

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(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

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(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.

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(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

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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

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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:

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(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.

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(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:

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Kristine Lawler, CMC/City Clerk

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

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

SECTION ONE.

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

Chapter 4.1 ORGANIC WASTE DISPOSAL REDUCTION
Article 1 Definitions
§4450.0 Definitions
For the purposes of this Chapter and as used herein, certain abbreviations, terms, phrases, words and their derivations shall be construed and shall have the meaning and be defined as hereinafter provided in this Article.
* * *
(ccc) “SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to, for the purposes of this Chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
(ddd) “Self-Hauler” means a person, who hauls Solid Waste, Organic Waste or recyclable material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting Organic Waste to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A). (eee) “Single-Family” means of, from, or pertaining to any residential premises with fewer than five (5) units.
(fff) “Solid Waste” has the same meaning as defined in State Public Resources Code Section 40191, which defines Solid Waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes:
(1) Hazardous waste, as defined in the State Public Resources Code Section 40141.

Attachment 3

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

If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs

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

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

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

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

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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

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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.

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(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.

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(e) A residential Organic Waste Generator that self-hauls Organic Waste is not required to record or report information in Section 12(c) and (d).

Article 3 Investigatory and Enforcement Authority of the City §4450.7 Inspections and Investigations by the City
(a) City representatives and/or its designated entity, including Designees are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or Source Separated materials to confirm compliance with this Chapter by Organic Waste Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. This Section does not allow the City to enter the interior of a private residential property for Inspection.
(b) Regulated entity shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the City’s employee or its designated entity/Designee during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this Chapter described herein. Failure to provide or arrange for: (i) access to an entity’s premises; or (ii) access to records for any Inspection or investigation is a violation of this Chapter and may result in penalties described.
(c) Any records obtained by the City during its Inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.
(d) City representatives, its designated entity, and/or Designee are authorized to conduct any Inspections or other investigations as reasonably necessary to further the goals of this Chapter, subject to applicable laws.
(e) The City shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints. §4450.8 Enforcement
(a) Violation of any provision of this Chapter shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by the City Enforcement Official or representative. Enforcement Actions under this Chapter are issuance of an administrative citation and assessment of a fine. The City’s procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this Chapter and any rule or regulation adopted pursuant to this Chapter, except as otherwise indicated in this Chapter. (b) Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. The City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The City may choose to delay court action until such time as a

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sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of City staff and resources.
(c) Responsible Entity for Enforcement
(1) Enforcement pursuant to this Chapter may be undertaken by the City Enforcement Official, which may be the City Manager or their designee, legal counsel, or combination thereof. (2) Enforcement may also be undertaken by a Regional or County Agency Enforcement Official, designated by the City, in consultation with City Enforcement Official. (A) City Enforcement Official(s) and Regional or County Agency Enforcement Official, if designated, will interpret this Chapter; determine if violation(s) have occurred; implement Enforcement Actions; and, determine if compliance standards are met. (B) City Enforcement Official(s) and Regional or County Agency Enforcement Official, if designated, may issue Notices of Violation(s). (d) Process for Enforcement
(1) City Enforcement Officials or Regional or County Enforcement Officials and/or their Designee will monitor compliance with the Chapter randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an Inspection program. Section 4450.7 establishes City’s right to conduct Inspections and investigations.
(2) The City may issue an official notification to notify regulated entities of its obligations under the Chapter.
(3) The City shall issue a Notice of Violation requiring compliance within sixty (60) days of issuance of the notice.
(4) Absent compliance by the respondent within the deadline set forth in the Notice of Violation, the City shall commence an action to impose penalties, via an administrative citation and fine, pursuant to this Section. Notices shall be sent to “owner” at the official address of the owner maintained by the tax collector for the City or if no such address is available, to the owner at the address of the dwelling or Commercial property or to the party responsible for paying for the collection services, depending upon available information
(e) Penalty Amounts for Types of Violations. The administrative penalty levels are as follows:
(1) For a first violation, the amount of the base penalty shall be $50 to $100 per violation. (2) For a second violation, the amount of the base penalty shall be $100 to $200 per violation.
(3) For a third or subsequent violation, the amount of the base penalty shall be $250 to $500 per violation.
(f) Factors Considered in Determining Penalty Amount. The following factors shall be used to

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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.

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SECTION TWO.

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

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ATTEST:

Kristine Lawler, CMC/City Clerk

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Agenda Item No: 13.c.

MEETING DATE/TIME: 10/4/2023

ITEM NO: 2023-3071

AGENDA SUMMARY REPORT
SUBJECT: Direction Regarding Distribution of Opioid Settlement Funds Allocated to the City of Ukiah.

DEPARTMENT: City Manager /
Admin PREPARED BY: Shannon Riley, Deputy City Manager
PRESENTER: Shannon Riley, Deputy City Manager
ATTACHMENTS:

None
Summary: The City Council is asked to provide direction regarding the deployment of the City of Ukiah's allocation of opioid settlement funds.

Background: In accordance with the state Allocation Agreements, the City of Ukiah has the potential to receive up to $488,000 in opioid settlement funds over the course of 18 years. These funds are earmarked for specific purposes related to opioid remediation, including but not limited to substance abuse disorder facilities, SUD treatment infrastructure, support for communities of color and vulnerable populations, diversion programs from the justice system, and interventions to prevent drug addiction among vulnerable youth.

Discussion: The opioid crisis has had a significant and devastating impact on the Ukiah community. Given the limited amount of funding allocated to the City and the urgency of addressing the opioid crisis, Staff recommends that the City Council allocates the entire amount of the settlement funds, without deduction for administration costs, toward the development and enhancement of substance abuse treatment facilities within the city limits. The City's General Fund will fund the cost of all administrative and internal services related to the use of settlement funds. This approach aligns directly with the intent of the Allocation Agreements and will have a more sustainable, immediate and direct impact on addressing the opioid crisis in our community. Allocating the settlement funds exclusively to substance abuse treatment infrastructure aligns with the overarching goal of addressing the opioid epidemic and supporting those most affected. By not deducting administration costs, the City can maximize the impact of these funds and ensure that they are directed toward the front lines of the opioid crisis.

To streamline the allocation process and ensure timely implementation of initiatives, Staff recommends that the City Council authorize the City Manager or designee to negotiate potential allocations per this policy objective for Council's consideration. This will facilitate a more efficient use of the funds and enable quicker responses to emerging needs in the community. Further, it will expedite the implementation of projects, foster innovation, and allow for a more agile response to evolving community needs.

Recommended Action: Allocate the entire amount of the opioid settlement funds, without deduction for administration costs, toward the development and enhancement of substance abuse treatment facilities within the city limits and authorize the City Manager or designee to negotiate potential allocations per this policy objective for Council's consideration.

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: Approximately $488,000, or roughly $27,000 per year PROPOSED BUDGET AMOUNT: N/A

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FINANCING SOURCE: Opioid Settlement Funds
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A
DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A

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Agenda Item No: 14.a.

MEETING DATE/TIME: 10/4/2023

ITEM NO: 2023-3014

AGENDA SUMMARY REPORT
SUBJECT: Annual Review and Approval of No Changes to the Existing Fee Schedule for the Ukiah Police Department.

DEPARTMENT: Police PREPARED BY: Cedric Crook, Police Chief PRESENTER: Cedric Crook, Police Chief
ATTACHMENTS:

1. Resolution No. 2017-52
Summary: The City Council will conduct the annual review of the Fee Schedule for the Ukiah Police Department. No adjustments or increases are proposed at this time.

Background: As a public agency, the Police Department does not profit from fees charged for services; instead, fees are charged as an important means to recover costs incurred from specific services offered to the public.

In 2017, The Ukiah Police Department performed a comprehensive review and revision of its fee schedule, which resulted in the increase of Police Department fees associated with the following: Bike Licenses, Concealed Weapons Permits, Clearance Letters, Live-Scan Fingerprinting, Photographs on CD, Secondhand Dealer Permits, Taxi Permits, and Traffic Accident Reports. These fee increases were found to be necessary to meet current and projected costs for providing services associated with the operation of the Ukiah Police Department.

Other fees charged by the Police Department include a Stored Vehicle Administrative Fee, fees associated with the Copy of Police Report, and Prints of Photographs, all of which are set by local resolution. Fees associated with Civil Subpoena for Officer, Subpoena for Records, and Vehicle Repossession Release are set by California law.

The aforementioned fees and revisions were reviewed again this year and found to be reasonable for the types of services provided by the Ukiah Police Department, and were incorporated into the Ukiah Police Department Fee Schedule (Attachment 1), which was passed and adopted by Council on November 1, 2017.

Discussion: As stated above, fees associated with Civil Subpoena for Officer, Subpoena for Records, and Vehicle Repossession Release remain set by California law. The fees associated with Copy of Police Report and Prints of Photographs are set by local resolution. Staff performed a review of the current laws and resolution associated with these fees and determined that, at this time, no modification or changes exist and that the current fees remain consistent with California law and local resolution.

Current operating costs and time demands on Staff and related salary costs were considered and evaluated. Additionally, a local comparison of similar fees pertaining to those associated with Bike Licensing, Concealed Weapons Permit, Clearance Letters, Live-Scan Fingerprinting, Photographs on CD, Second Hand Dealer Licensing, Taxi Permits, Traffic Accident Reports, and Stored Vehicle was conducted.

Staff has reviewed the fees for specific services offered to the public to ensure cost recovery remains

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sustainable, and is recommending no adjustments or increases to the fee schedule and is seeking Council’s approval.

Recommended Action: Review and Approve No Changes to the Existing Fee Schedule for the Ukiah Police Department.

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Tracey Porter, Police Communications and Records Manager.

DIVERSITY-EQUITY INITIATIVES (DEI): Goal 5 – Instill diversity, equity, and inclusion as essential core elements of policy-making, accountability, and delivery of City services.

CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): ElementGP-A6 - Safety Element

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Agenda Item No: 14.b.

MEETING DATE/TIME: 10/4/2023

ITEM NO: 2023-3065

AGENDA SUMMARY REPORT
SUBJECT: Determination of Notification of Intent to Adjust Curbside Collection and Transfer Station Service Rates.

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

1. UWS Annual Adjustment 2024 (FINAL SUBMISSION)

2. SWS Annual Adjustment 2024 (FINAL SUBMISSION)

3. SWS_UWS 2023 TS Gate & collection rates VS NEIGHBORS Summary: The City Council is asked to receive and review a determination from the City Manager of proposed rates, as intended to be adjusted by Ukiah Waste Solutions, Inc. and Solid Waste Systems, Inc. for curbside and Ukiah Transfer Station services, respectively. The proposed rate adjustments are, by contract, allowed annually to address cost adjustments borne by the City's franchise solid waste contractor. Those operating costs are limited and specifically identified by contract as pass-through or affected by inflation, measured by the consumer price index (CPI-u).

Background: Pursuant to contracts between the City of Ukiah and Ukiah Waste Solutions, Inc., and City of Ukiah and Solid Waste Systems, Inc. (collectively referred to herein as "Company"), notices of intent were submitted to the City by Company on August 16, 2023, of adjustments to collection rates for residential and commercial curbside service and rates for Ukiah Transfer Station services, effective January 1, 2024. These notices are allowed by contract annually, and any subsequent adjustments to rates are applied to the next calendar year, effective January 1. Corresponding notices are further detailed in the discussion section and included as attachments to this report.

Discussion: As is required by contract, the City Manager reviewed the notices of intent. The Finance Department was tasked to review the methodology used by Company to arrive at the proposed rate adjustments to evaluate its conformity with the respective contracts. The elements of the proposed rate adjustment are limited to pass-through costs, including changes to the consumer price index (CPI-u) for the San Francisco-Oakland-San Jose area. Specifically, the elements under review consist of the changes in cost to the following:

Curbside collection costs:
-fuel
-abatement activities
-landfill disposal fees for garbage
-landfill disposal fees for mixed organic waste
-recycling processing costs
-operating costs affected by inflation (CPI-u)
Transfer Station costs:
-fuel

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-disposal and processing costs of garbage and recycling -property tax based on tonnage
-operating costs affected by inflation (CPI-u)
The determination by the Finance Department and subsequent report to the City Manager, after review and testing of the information provided by the Company, is that the calculations and supporting documentation used by the Company in the notices appear correct, reasonable, and are in compliance with the contracts between Company and the City.

Based on the notices, the Company calculated curbside collection service cost increases and pass-throughs of $632,981, which equates to an average of 11.33 percent increase to all residential and commercial accounts. For transfer station services, cost increases and pass-throughs calculated by the Company equate to $339,335, resulting in an increase in revenue requirements of 6.31 percent.

Summary calculations and supporting documentation for curbside and the transfer station provided by the Company are attached here as Attachments 1 and 2 respectively. Also included for context as Attachment 3 is a curbside rate comparison for surrounding communities.

At this time, Council is asked to receive and review the intent of the Company, as per the provisions of its respective contracts. Accordingly, by November 20, 2023, the City Council must complete its review of the Company’s notices of intent and either confirm that the intention to adjust rates conforms to the provisions of the contracts for curbside services and transfer station services or establish by mutual agreement with the Company any necessary changes to the proposed rates so that it can make such confirmation. The City must provide customers notice of proposed rate adjustments for curbside collection and transfer station services by December 1, 2023.

As this is a regular matter and a contractual requirement, the recommendation is for Council to receive, review, and confirm the determination of the City Manager that the proposed rate adjustment comply with the agreed upon terms of the contracts. The next available regular City Council meeting before the November 20th confirmation deadline is scheduled for November 15, 2023. Staff can bring this item back to Council with this for further consideration, if deemed necessary.

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

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

DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A

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Attachment 1

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Attachment 2

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Ukiah Waste Solutions, Inc.

Rate Comparison
Jurisdiction 20 Gal 32 Gal 64 Gal 96 Gal 2 Yard 3 Yard 4 Yard 6 Yard City of Ukiah - Current 2023 23.42 26.39 60.23 84.86 304.92 445.66 586.39 852.32 City of Ukiah Rate - Proposed 2024 26.07 29.38 67.05 94.47 339.47 496.15 652.83 948.89 South Lake Refuse (Kelseyville/Riviera/Lowerlake) 24.22 28.23 56.46 84.69 384.48 576.72 768.96 1153.44 South Lake Refuse (Middletown/Cobb/Hidden Vy) 28.93 33.60 67.20 100.80 463.18 697.77 926.36 1389.54 Lake County 23.05 26.46 52.92 79.39 355.43 533.15 710.87 1066.31 Lakeport Disposal 17.18 25.38 n/a 74.64 347.45 n/a n/a n/a County of Mendocino Inland 22.25 30.07 62.48 93.72 413.61 477.82 566.14 781.19 County of Mendocino Coastal 22.89 32.27 67.38 101.75 433.13 526.23 679.06 n/a Solid Waste of Willits n/a 33.19 71.57 n/a 349.23 483.15 605.44 933.59 City of Fort Bragg 24.92 37.49 74.98 112.51 471.83 553.68 862.71 n/a City of Clearlake 24.64 29.24 51.21 73.14 350.95 484.54 643.76 969.05 Carts Bins
UWS RATE 2023 VS ALL AREAS
Attachment 3

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Agenda Item No: 14.c.

MEETING DATE/TIME: 10/4/2023

ITEM NO: 2023-3060

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

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

1. City Council Special Assignments rev 8-4-23
Summary: City Council members will provide reports and updates on their committee and ad hoc assignments. If necessary, the Council may consider modifications.

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

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

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

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

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

CLIMATE INITIATIVES (CI):

GENERAL PLAN ELEMENTS (GP):

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2023 CITY COUNCIL SPECIAL ASSIGNEMENTS

LOCAL / UKIAH VALLEY MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT City Broadband Project TBD TBD
Civic Center300 Seminary Ave.Ukiah, CA 95482
to evaluate the Request for Proposal (RFP) for the Internet Service Provider (ISP) for the California's Public Utilities Commission (CPUC) Last mile Broadband.

Orozco Jim Robbins, Grants Manager; 463-6708; [email protected] Investment Oversight Committee Varies
Civic Center300 Seminary Ave.

Ukiah, CA 95482
Civic Center300 Seminary Ave.Ukiah, CA 95482
Reviews City investments, policies, and strategies
Crane
Orozco - AlternateAlan Carter, Treasurer
Dan Buffalo, Director of Finance; 463-6220 [email protected] Disaster Council
Shall meet a minimum of once a year at a time and place designated upon call of the chair Place designated upon call of the chair or, if she/he is unavailable or unable to call such meeting, the first vice chair and then the City Manager or her/his designee.

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

OrozcoDuenas- Alternate
Traci Boyl, City Manager's Office Management Analyst; 467-5720; [email protected] Greater Ukiah Business & Tourism Alliance (GUPTA)
4th Monday of month, 10:00 a.m.
200 S School St.Ukiah, CA 95482
200 S School St.Ukiah, CA 95482
Promotes tourism and works to strengthen and promote the historic downtown and businesses within the greater Ukiah area RodinDuenas - Alternate
Shannon Riley, Deputy City Manager;467-5793 [email protected] Mendocino County Inland Water and Power Commission (IWPC) 2nd Thursday of month, 6:00 p.m.

Civic Center300 Seminary Avenueconference room 5
IWPC Staff P.O. Box 1247Ukiah, CA 95482391-7574 - Candace Horsley Develops coordination for water resources and current water rights: Potter Valley project - Eel River Diversion RodinOrozco- Alternate
Sean White, Director of Water Resources; 463-5712 [email protected] North Coast Opportunities (NCO) 4th Wednesday of month, 2 p.m. Alternating locations - Ukiah and Lakeport Governing Board ChairNorth Coast Opportunities413 North State StreetUkiah, CA 95482 Assist low income and disadvantaged people to become self reliant Burgess Jake Burgess, Community Services Supervisor; 463-6201
[email protected]
Sun House Guild ex officio 2nd Tuesday of month, 4:30 p.m. Sun House 431 S. Main St. Ukiah, CA 431 S. Main Street Ukiah, CA 95482 467-2836 Support and expand Grace Hudson Museum Duenas Neil Davis - Alternate David Burton, Museum Director; 467-2836 [email protected] Valley Basin Groundwater Sustainability Agency (GSA) 2nd Thursday of month, 1:30 p.m.

Board of Supervisors Chambers; 501 Low
Gap RoadUkiah, CA
County Executive Office501 Low Gap Rd., Rm. 1010Ukiah, CA 95482463-4441 GSA serves as the Groundwater Sustainability Agency in the Ukiah Valley basin CraneDuenas - Alternate
Sean White, Director of Water Resources; 463-5712 [email protected]

MENDOCINO COUNTY MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT City Selection Committee Called as required by the Clerk of the Board BOS Conference Room 501 Low Gap Rd. Rm. 1090 Ukiah, CA C/O: BOS 501 Low Gap Rd., Rm 1090 Ukiah, CA 95482 463-4441 Makes appointments to LAFCO and Airport Land Use Commission (Mayor - Primary; Vice Mayor - Alternate) Mayor Rodin Vice Mayor Duenas - Alternate Kristine Lawler, City Clerk; 463-6217 [email protected] Economic Development & Financing Corporation (EDFC)
2nd Thursday of month, 2:00 p.m.

Primarily 631 S. Orchard Street (location varies)
Executive Director631 South Orchard AvenueUkiah, CA 95482467-5953 Multi-agency co-op for economic development and business loan program Riley(appointed 12/19/18)
Shannon Riley, Deputy City Manager;
467-5793 [email protected]
Library Advisory Board
3rd Wednesdays of alternate months; 1:00 p.m.

Various Mendocino County Libraries Ukiah County Library 463-4491 Review library policy and activities Duenas Rodin - Alternate Kristine Lawler, City Clerk; 463-6217; [email protected] Mendocino County 1st District Liaison Monthly; TBD
Civic Center Annexconference room #5411 West Clay St.Ukiah, CA 95482 Civic Center300 Seminary Ave.Ukiah, CA 95482
To coordinate activities and policy development with the City's 1st District Supervisor RodinCrane - Alternate
Sage Sangiacomo, City Manager;
463-6221; [email protected]
Mendocino County 2nd District Liaison 1st Wednesdays of month, 8:00 a.m.

Civic Center Annexconference room #5411 West Clay St.Ukiah, CA 95482 Civic Center300 Seminary Ave.Ukiah, CA 95482
To coordinate activities and policy development with the County's 2nd District Supervisor RodinDuenas - Alternate
Shannon Riley, Deputy City Manager;
467-5793 [email protected]
Mendocino Council of Governments (MCOG)
1st Monday of month, 1:30 p.m.

Board of Supervisors Chambers501 Low Gap RoadUkiah, CA
Executive Director
367 N. State Street, Ste. 206 Ukiah, CA 95482463-1859
Plan and allocate State funding, transportation, infrastructure and project County wide DuenasSher - Alternate
Tim Eriksen, Public Works Director/City
Engineer; 463-6280 [email protected]
Mendocino County Airport Land Use Commission As needed
BOS Conference Room501 Low Gap Rd., Rm. 1090,Ukiah, CA
Mendocino County Executive Office 501 Low Gap Rd. Rm. 1010 Ukiah, CA 95482 To formulate a land use compatibility plan, provide for the orderly growth of the airport and the surrounding area, and safeguard the general welfare of the inhabitants within the vicinity Liaisons: Owen/Schlatter
Greg Owen, Airport Manager; 467-2855;
[email protected] Schlatter, Director of Community Development; 463-6219; [email protected] Mendocino County Local Area Formation Commission (LAFCO) 1st Monday of month, 9:00 a.m. Board of Supervisors Chambers Executive Director
200 S. School Street, Ste. 2Ukiah, CA 95482463-4470
Required by legislation - planning spheres of influence, annexation, service areas, and special districts RodinCrane - Desired Alternate if
appointment becomes available with City Selection Committee Craig Schlatter, Director of Community Development; 463-6219; [email protected] 6/23/2023
ATTACHMENT 1

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2023 CITY COUNCIL SPECIAL ASSIGNEMENTS

MENDOCINO COUNTY
Continued MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Mendocino Solid Waste Management Authority (MSWMA)
3rd Thursday of every other month (varies), 10:00 a.m.

Willits Council Chambers
Solid Waste Director3200 Taylor DriveUkiah, CA 95482468-9710 County-wide Solid Waste JPA Crane Sher- Alternate Tim Eriksen, Public Works Director/City Engineer; 463-6280 [email protected] Mendocino Transit Authority (MTA) Board of Directors
Last Wednesday of month, 1:30 p.m.

Alternating locations - Ukiah Conference Center or Fort Bragg, or Point Arena Executive Director
241 Plant RoadUkiah, CA 95482462-1422
County-wide bus transportation issues and funding Sher Duenas - Alternate Tim Eriksen, Public Works Director/City Engineer; 463-6280 [email protected] Mendocino Youth Project JPA Board of Directors
3rd Wednesday of month, 7:45 a.m. 776 S. State Street Conference Room Mendocino Co. Youth Project776 S. State Street, Ste. 107Ukiah, CA 95482 707-463-4915 Targets all youth with a focus on drug and alcohol prevention, healthy alternatives and empowering youth to make healthy choices Cedric Crook, Police CaptainDuenas - Alternate
Cedric Crook, Police Captain 463-6771; [email protected] Russian River Flood Control District
(RRFCD) Liaison
1st Monday of month, 5:30 p.m.
151 Laws Ave.,Suite D Ukiah, CA
151 Laws Ave., Ukiah, CA 95482; [email protected]; 462-5278 Proactively manage the water resources of the upper Russian River for the benefit of the people and environment of Mendocino County White/Orozco Sean White, Director of Water Resources; 463-5712 [email protected] Ukiah Players Theater Board of Directors
3rd Tuesday of month, 6:00 p.m
1041 Low Gap Rd Ukiah, CA 95482 462-1210
1041 Low Gap RdUkiah, CA 95482462-1210
To oversee the activities, organization and purpose of the Ukiah Players Theater Greg Owen, Airport Manager(appointed 12/19/18)
Kristine Lawler, City Clerk; 463-6217 [email protected] Ukiah Unified School District (UUSD) Committee Quarterly 511 S. Orchard, Ste. D Ukiah, CA 95482 511 S. Orchard Ukiah, CA 95482 Information exchange with UUSD Board Chair, Mayor, Superintendent, and City Manager Mayor, City Manager and Police Chief Sage Sangiacomo, City Manager; 463-6221 [email protected]

REGIONAL MTG DATE/TIME LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Great Redwood Trail Agency
Bi-monthly, 3rd Thursdays, 10:30 a.m.

Various Locations - announced
419 Talmage Road, Suite M Ukiah, CA 95482463-3280
Provides a unified and revitalized rail infrastructure meeting the freight and passenger needs of the region RodinDuenas - Alternate
Neil Davis, Community Services Director467-5764 [email protected] League of California Cities Redwood Empire Legislative Committee Prior to Division Meetings, meets 3x in person and then via conference call Various locations that are announced
Redwood Empire League President; Public Affairs Program Manager (916) 658-8243 Elected city officials and professional city staff attend division meetings throughout the year to share what they are doing and advocate for their interests in Sacramento OrozcoDuenas -Alternate
Sage Sangiacomo, City Manager; 463-6221 [email protected] Russian River Watershed Association (RRWA)
4th Thursday of month, 9:00 a.m. (only 5 times a year)
Windsor Town Hall
Russian River Watershed Assoc. 425 South Main St., Sebastopol, CA 95472 508-3670 Consider issues related to Russian river - plans projects and funding requests RodinSher - Alternate
Tim Eriksen, Public Works Director/City Engineer; 463-6280 [email protected] Northern California Power Agency (NCPA) Commission
4th Thursday of month, 9:00 a.m. (see NCPA calendar)
Roseville, CA and other locations
651 Commerce Drive Roseville, CA 95678916-781-4202
Pool of State and local power utilities developing and operating power generation, providing scheduling and related energy services and providing regulatory and legislative support.

Crane - CommissionerSauers - Alternate and
Commissioner in absence of Commissioner Crane
Cindi Sauers - Electric Utility Director;463-6286 [email protected] Northern California Power Agency (NCPA) – Lodi Energy Center (LEC) Appointment 2nd Monday of month, 10:00 AM Lodi, CA and other locations 651 Commerce DriveRoseville, CA 95678916-781-4299
Committee oversees the operation, maintenance and expenditures of the LEC 300 MW generating project.

Sauers – Project Participate Appointee
Cindy Sauers, Electric Utility Director,463‐6286, [email protected] Transmission Agency of Northern California (TANC)
4th Wednesday of month, 10 a.m. 35 Iron Point Circle Suite 225 Folsom, CA 35 Iron Point Cir #225Folsom, CA 95630916-852-1673; [email protected] Provide electric transmission to its Member utilities through transmission line ownership or contract arrangements.

CraneSauers - Alternate
Cindi Sauers - Electric Utility Director;463-6286 [email protected]

STANDING COMMITTEES MTG DATE/TIME LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Diversity and Equity TBD Virtual Meeting Room (link to be created) Civic Center 300 Seminary Ave. Ukiah, CA 95482 Improve diversity and equity in the City’s workforce and municipal services Orozco/Duenas Traci Boyl, City Manager's Office Management Analyst; 467-5720; [email protected] Executive Committee 2nd Tue, every other month beginning in January; 5:00 p.m.

Ukiah Valley Conference Center,200 S. School Street Ukiah, CA Civic Center
300 Seminary Ave.Ukiah, CA 95482 [email protected]
Per the recently adopted agreement between the City of Ukiah and the Ukiah Valley Fire Protection District Orozco/Sher
Doug Hutchison, Fire Chief; 463-6263; [email protected] Countywide Oversight Board to the RDA Successor Agencies 4th Thursday of January, 4:00 p.m.; meets annually
Ukiah Valley Conference Center,200 S. School Street Ukiah, CA City of UkiahATTN: City Clerk300 Seminary Ave.Ukiah, CA 95482707-463-6217 oversee and direct the Successor Agencies of the former redevelopment agencies Crane Dan Buffalo, Director of Finance; 463-6220 [email protected] Lawler, City Clerk; 463-6217, [email protected] 6/23/2023

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COMMITTEE ASSIGNED TO PRINCIPAL STAFF SUPPORT
Electric Grid Operational Improvements Crane/Orozco Cindy Sauers, Electric Utility Director; 463-629586 [email protected]
Trench Cut Policy Development Crane Tim Eriksen, Public Works Director/City Engineer; 463-6280 [email protected]
Advance Planning & Policy for Sphere of
Influence (SOI), Municipal Service Review (MSR),
Annexation, Tax Sharing, Detachment, and Out
of Area Service Agreements
Crane/Rodin
Craig Schlatter, Community Development Director
463-6219 [email protected]
UVSD/ City Relations
Ad hoc committee to address specific issues with the
Ukiah Valley Sanitation District, including discussion of overall sewer system service delivery policies, operating policy revisions, potential revisions to the current
Operating Agreement, and cost sharing
Crane/Orozco
Dan Buffalo, Director of Finance;
463‐6220 [email protected]
Sean White, Water Resources Director
463‐5712 [email protected]
Orr Street Bridge Corridor Rodin/Sher Tim Eriksen, Public Works Director/City Engineer; 463-6280 [email protected]
Complete Streets Rodin/Crane
Tim Eriksen, Public Works Director/City Engineer;
463-6280 [email protected]
Shannon Riley, Deputy City Manager
467-5793 [email protected]
Neil Davis, Community Services Director
467-5764 [email protected]
Special Districts (Water District Consolidation) Orozco/Crane Shannon Riley, Deputy City Manager 467‐5793 [email protected]
Corp Yard Planning Crane/Orozco Jason Benson, Senior Civil Engineer 463‐6284 [email protected]
City/District Review of 2019/22 Proposed Fire
Code Crane/Orozco Doug Hutchison, Fire Chief
463‐6263 [email protected]
Mendocino County Courthouse Project and
Reuse Sher/Orozco Shannon Riley, Deputy City Manager
467‐5793 [email protected]
Climate Action Plan
Will coordinate with the Community Development
Director to identify and assign representation to each of the identified categories, and also coordinate with the Community Development Director and the Climate Action
Plan Working Group related to other outreach efforts
during the development of the draft municipal Climate
Action Plan related to the 2040 General Plan
Sher/Duenas
Craig Schlatter, Community Development Director
463-6219 [email protected]
City's 150-Year Anniversary Planning Orozco/Rodin Shannon Riley, Deputy City Manager 467‐5793 [email protected]
2023 AD HOC COMMITTEES
8/4/2023

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Ukiah City CouncilOctober 4, 2023

Ukiah City Council
October 4, 2023