Cities Index.
Agenda packet, regular meeting

Ukiah City Council
November 15, 2023

Document
Agenda packet, regular meeting
Meeting
November 15, 2023
Body
Ukiah City Council
Pages
546
Original file
59.6 MB
Text extracted from the city's file for reading and search. Open the original on ukiahca.api.civicclerk.com. That file is the official record.
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Have you enacted limitations on residential construction other than establishing agricultural preserves or limitations based on health and safety needs?
No
Applicant must be in compliance with HSC §25395.99 https://codes.findlaw.com/ca/health-and-safety-code/hsc-sect-25395-99.html. For more information about Land-Use Controls please visit https://www.hcd.ca.gov/community-development/building-blocks/constraints/land-use-controls.shtml.

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0.00 Budget Worksheet
Have you completed and submitted your budget worksheet? Yes
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Activity Budget Narrative- City of Ukiah META program 09.17.2020.pdf Budget narrative should include information about activity viability if the project is only partially funded. For instance can the project scope be reduced the number of beneficiaries be reduced, can the project be scaled to the amount of funding available. Include budget information that describes your activity budget as uploaded. Make sure the budget narrative has a relationship to the tasks and deliverables described above. 15. Make sure there is not help text on extra uploads
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08/23/2020
Section VI - Budget
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2019-20 CDBG APPLICATION

MICROENTERPRISE TECHNICAL ASSISTANCE PROGRAM

STATE OBJECTIVES DOCUMENTATION
STATE OBJECTIVE 1: DISASTER RESILIENCY LONG-TERM PLANNING The City of Ukiah has actively engaged in strategic planning activities that promote long term resiliency planning. Two example are below, with descriptions provided.

A. Long-term planning- Disadvantaged Unincorporated Communities Analysis Description: In accordance with requirements listed in SB 244, the City of Ukiah completed an analysis that identified 11 Disadvantaged Unincorporated Communities (DUC) within the City’s Sphere of Influence. The analysis also identified structural and infrastructure deficiencies and outlined options for addressing those deficiencies.

On October 23, 2019, the Ukiah City Council adopted an amendment to the Land Use Element of its General Plan to incorporate the DUC Analysis. The completed DUC analysis is attached as Attachment 1. The staff report and City Council Resolution No. 2019-48 adopting the DUC Analysis into the City’s current (1995) General Plan are attached as Attachment 2.

B. Long-term planning- Mendocino Multi-Jurisdiction Hazard Mitigation Plan Description: The City of Ukiah is currently engaged in the development of a Mendocino County multi-jurisdiction hazard mitigation plan (MJHMP). The purpose of the Mendocino County MJHMP is to reduce property losses and avoid injury and/or casualties resulting from natural disasters. Six different jurisdictions are participating, including (in addition to the City of Ukiah), the County of Mendocino, City of Fort Bragg, City of Point Arena, City of Willits, and the Mendocino County Office of Education (The Office of Education is treated as a jurisdiction for purposes of the MJHMP.)
The MJHMP is scheduled to be completed by the end of calendar year 2020, with public meetings and surveys scheduled throughout the MJHMP development process. Once completed, City staff plan to schedule the MJHMP for City Council adoption.

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City of Ukiah 1
1995 General Plan

DISADVANTAGED UNINCORPORATED COMMUNITIES

INTRODUCTION
Senate Bill 244 (SB 244) requires cities to identify and describe disadvantaged unincorporated communities (DUCs) inside or near its boundaries. The purpose of this legislation is to begin to address the lack of access to basic community infrastructure, such as sidewalks, clean drinking water, and adequate waste processing in unincorporated communities. This lack of investment threatens health and safety, and results in further economic, social, and educational inequality.

SB 244 requires cities and counties to include DUCs in long-range planning to produce a more efficient delivery system of services and infrastructure. One of the core aims of SB 244 is to address the complex legal, financial, and political barriers that contribute to regional inequity and infrastructure deficiencies.

This paper is organized into the following sections:

Introduction ........................................................................................................... 1 DUC Identification Methodology ........................................................................... 4 Communities Identified ......................................................................................... 7 Infrastructure Deficiency Analysis ....................................................................... 10 Key Terms .......................................................................................................... 33 References ......................................................................................................... 34 Attachment 1
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2 City of Ukiah
1995 General Plan
Based on the requirements of SB 244, this analysis includes an assessment of infrastructure, covering water, wastewater, storm drainage, and structural fire protection facilities and services; infrastructure needs or deficiencies for each of the identified DUCs; and potential funding mechanisms that could resolve any identified infrastructure deficiencies. SB 244 defines a DUC as a fringe, island, or legacy community that meets the following criteria:
 Contains 10 or more dwelling units in close proximity to one another;  Is either within a city sphere of influence (SOI), is an island within a city boundary, or is geographically isolated and has existed for more than 50 years; and  Has a median household income that is 80 percent or less than the statewide median household income (MHI).

SB 244 distinguishes three types of DUCs based on the following definitions:
 “Island community” means any inhabited and unincorporated territory that is surrounded or substantially surrounded by one or more cities or by one or more cities and a county boundary or the Pacific Ocean.
 “Fringe community” means any inhabited and unincorporated territory that is within a city’s sphere of influence.
 “Legacy community” means a geographically isolated community that is inhabited and has existed for at least 50 years.

As demonstrated in the following sections, all of the DUCs identified in this analysis match the definition of a fringe community.

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City of Ukiah 3
1995 General Plan
Table 1 summarizes the findings from this DUC analysis, which is described in depth in the following sections. As shown in the table, there are no infrastructure deficiencies for water, wastewater, or stormwater drainage in Ukiah DUCs. However, based on information from the Ukiah Valley Fire Authority (UVFA), the identified DUCs have structural fire protection deficiencies due to the water infrastructure for fire connection in these areas: the majority of the fire connections in the identified DUCs are standpipes or wharf hydrants, which do not produce the normal fire flows of a standard hydrant.

TABLE 1

INFRASTRUCTURE IN DISADVANTAGED UNINCORPORATED COMMUNITIES UKIAH
2019
DUC Identifier Water* Wastewater Stormwater
Drainage
Structural
Fire
Protection
South of the City of Ukiah City Limits
DUC #1    
DUC #2    
DUC #3    
DUC #4    
DUC #5    
North of the City of Ukiah City Limits
DUC #6    
DUC #7    
DUC #8    
DUC #9    
DUC #10    
DUC #11    
KEY:
No Deficiencies
 Deficient
*Although the most recent data available indicates overall water capacity may be sufficient in these areas, the existing water infrastructure does not provide adequate water access for fire suppression protection in any of the identified DUCs. For this reason, all identified DUCs have fire suppression and safety services deficiencies.

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4 City of Ukiah
1995 General Plan

DUC IDENTIFICATION METHODOLOGY
While SB 244 describes the general characteristics of DUCs, it does not provide specific guidance on how to identify them. To assist local governments in addressing the requirements of SB 244, the Governor’s Office of Planning and Research (OPR) published a technical advisory memo in February 2013 titled: Senate Bill 244: Land Use, General Plans, and Disadvantaged Communities. The memo recommends data sources for identifying income status and mapping resources for identifying “communities” as defined by SB 244. Based on the guidance provided by OPR, the City identified DUCs in the Ukiah area by following the steps described below.

STEP 1. LOW-INCOME STATUS
 First, the City identified unincorporated areas between the City limits and SOI that had a MHI that was 80 percent or less than the statewide MHI. This was done by looking at Census Block Groups (CBGs) and Census Designated Places (CDPs) that met the lowincome threshold using income data from the 2013-2017 American Community Survey (ACS). From 2013-2017, the statewide MHI was $67,169, which set the low-income threshold of 80 percent or less than the statewide average, was $53,735. Figure 1 shows the areas that had MHI at or below $53,735.

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City of Ukiah 5
1995 General Plan
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6 City of Ukiah
1995 General Plan
STEP 2. RESIDENTIAL PROXIMITY
 Next, within the areas identified as having a MHI of $53,735 or less, the City identified groupings of dwelling units that were in close proximity to each other and that were also similar in form to the density of residential areas typically located in suburban and urban communities. This was done using satellite imagery from Google Earth to locate areas with more than 10 dwellings in close proximity to each other.

STEP 3. GROUND TRUTHING
 After identifying potential DUCs based on the thresholds described in SB 244 and the most recent data available, the City reviewed the identified communities to confirm they matched the intent of the SB 244 analysis and that the digital data sources used match current realities. City staff concluded that the 11 DUCs identified through the above process were valid and appropriate as defined under State law.

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City of Ukiah 7
1995 General Plan

COMMUNITIES IDENTIFIED
The DUCs that the City identified are “Fringe Communities,” as defined by SB 244. Table 2 lists the DUCs in the Ukiah SOI by size (in acres), the approximate number of dwelling units for each DUC, and the number of parcels in each community. Figure 2 shows the DUCs that are south of city limits, and Figure 3 shows the DUCs north of city limits.

TABLE 2

IDENTIFIED DISADVANTAGED UNINCORPORATED COMMUNITIES
UKIAH
2019
DUC Identifier DUC Size
(acres)
# of Dwelling
Units
(approximate)
# of Parcels
South of the City of Ukiah City Limits
DUC #1 8.4 15 4
DUC #2 8.8 30 32
DUC #3 29.0 15 16
DUC #4 255.0 680 578
DUC #5 8.5 25 26
North of the City of Ukiah City Limits
DUC #6 66.1 330 295
DUC #7 16.7 25 17
DUC #8 59.7 270 213
DUC #9 22.9 150 2
DUC #10 72.0 200 108
DUC #11 32.7 35 61
TOTAL 579.8 1,775 1,352

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8 City of Ukiah
1995 General Plan
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City of Ukiah 9
1995 General Plan
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10 City of Ukiah
1995 General Plan

INFRASTRUCTURE DEFICIENCY ANALYSIS
SB 244 requires an analysis of infrastructure services for each DUC. This section first provides an overview of service providers in the Ukiah SOI that provide infrastructure facilities or services in the DUCs. The subsequent section describes the services provided by each provider within each DUC consistent with the requirements of SB 244.

OVERVIEW OF SERVICE PROVIDERS WITHIN THE UKIAH SOI
SB 244 calls for “an analysis of water, wastewater, stormwater drainage, and structural fire protection needs or deficiencies” for all identified DUCs. Within the Ukiah SOI, public water and wastewater services are provided by special districts. Where public water and wastewater services are not provided, onsite systems (e.g., private wells and septic systems) are used.

Private wells and septic systems were not evaluated in this report. The following is an overview of how services are provided within the DUCs in the Ukiah area.

WATER
Potable water service within DUCs in Ukiah SOI is provided primarily by special districts, although several DUCs are reliant on individual wells. Special districts that provide water services include:
 Calpella County Water District (DUC #11)
 Mendocino County Russian River Flood Control and Water Conservation Improvement District (DUCs #1, #2, #3, #5, #6, #7, #8, #9, #10, and #11)  Millview County Water District (DUCs #6, #7, #8, #9, and #10)  Willow County Water District (DUCs #1, #2, #3, and #5, and approximately 95 percent of DUC #4)
A small portion (approximately 5 percent of the total area) of DUC #4 relies on private wells.

WASTEWATER
Wastewater collection and treatment services are provided to DUCs in the Ukiah SOI through a combination of onsite septic systems (both individual septic and community septic systems) and special districts. Special districts that provide wastewater services include:
 Calpella County Water District (DUC #11)
 Millview County Water District (DUC #8)
 Ukiah Valley Sanitation District (DUCs #2, #3, #4, #5, and #6) DUCs #1 and #7, #9, #10 rely on septic tanks.

STORMWATER DRAINAGE
Nearly half of the Ukiah DUCs are provided with stormwater drainage services by Mendocino County (County). The other DUCs rely on roadside ditches to collect stormwater runoff.

Services are provided as the following:
 Mendocino County (DUCs #4, #6, #10, and #11)
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City of Ukiah 11
1995 General Plan
 DUCs #1, #2, #3, #5, #7, #8, and #9 rely on roadside ditches.

STRUCTURAL FIRE PROTECTION
Fire protection services within the Ukiah SOI are provided by Ukiah Valley Fire Authority and the Redwood Valley-Calpella Fire District. The Ukiah Valley Fire Authority (UVFA) jointly manages, equips, maintains and operates all-risk fire, emergency medical and rescue services to the City and Fire District. Services are provided as the following:
 Redwood Valley-Calpella Fire District (DUC #11)
 Ukiah Valley Fire Authority (DUCs #1, #2, #3, #4, #5, #6, #7, #8, #9, and #10) City of Ukiah
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12 City of Ukiah
1995 General Plan

DUC SERVICE PROFILES
For each of the 11 identified DUCs in the Ukiah SOI, the City consulted with the Mendocino Local Agency Formation Commission (LAFCo) and researched available data and reports to determine how water, wastewater, stormwater drainage, and structural fire protection services are provided. The Mendocino LAFCo information was derived primarily from published Municipal Service Reviews (MSRs) and SOI update reports. The following are analyses of how each DUC is being served.

DUC #1
DUC #1 is located at
the northwest corner of
Burke Hill Road and
Bisby Avenue, west of
Redwood Highway.

This area includes 4
parcels totaling
approximately 8 acres,
with approximately 15
mobile homes. This
area is commonly
known as Ukiah Mobile
Estates.

Water – The
Mendocino County
Russian River Flood
Control and Water
Conservation
Improvement District
(RRFC) provide raw
water for irrigation and
to municipal water
purveyors within this
area.

The Willow County Water District (WCWD) receives water from the RRFC, then treats and distributes the water to this area. During a normal year, the WCWD distributes approximately 1,200 acre-feet of water per year for domestic and landscape and agricultural irrigation uses.

Water usage is about 20 percent residential and 80 percent commercial/industrial. The WCWD maintains a storage capacity of 1.348 million gallons in nine storage tanks strategically located throughout the WCWD. Based on data contained in the 2013 Ukiah Valley Special Districts MSR, the WCWD would have sufficient capacity to meet anticipated demand- and consequently, it does not appear there are water deficiencies.

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City of Ukiah 13
1995 General Plan
Wastewater – There is no community wastewater system in place for this community. Septic tanks are used by residents for wastewater disposal. Because no data has been recently presented suggesting the septic capacity is not sufficient for this community, there appear to be no wastewater deficiencies in this community.

Stormwater Drainage – Storm drainage capture and transport is limited since there is no community storm drain system in place for this community. In lieu of a storm drain system, there are roadside ditches that are used to manage and transport stormwater runoff for the area. The use of roadside ditches have led to less ponding and localized flooding, but during large rain events, localized flooding and ponding may still occur. Based on the availability of stormwater runoff capture and transport through roadside ditches, there appear to be no stormwater drainage deficiencies in this community.

Structural Fire Protection – Fire protection is provided to this community by Ukiah Valley Fire Authority (UVFA). The UVFA provides structural, wildland fire suppression, and emergency medical services. UVFA staff are trained to provide emergency medical service at the Basic Life Support (BLS) level and are the first responders to these types of calls. The UVFA reviews all applications for new commercial construction, multi-unit housing, occupancy changes, and tenant changes that are within its service area and require a building permit. UVFA Station 1 (South Station), located at 1500 S. State Street, is the closest station to DUC #1. This station is staffed full time, 24 hours a day, seven days a week, 365 days a year. During peak fire season, CalFire operates CalFire Station Ukiah, part of the Mendocino Unit, located at 2690 N. State Street. This station is not staffed full-time, but when operational, can assist UVFA during large fire incidents.

Water infrastructure for fire connections is inadequate in this area (there are no fire hydrants), limiting availability to adequate fire suppression systems. In lieu of an adequate fire suppression system and existing water serving infrastructure, all UVFA fire trucks are required to carry water onboard for fire suppression. Based on these water infrastructure issues, there are fire protection service deficiencies in this community.

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14 City of Ukiah
1995 General Plan
DUC #2
DUC #2 is located
at the southwest
corner of Boonville
Road (Highway
253) and South
State Street, west
of Redwood
Highway. This area
includes 32 parcels
totaling nearly 9
acres, with
approximately 30
single-family
homes.

Water – The
Mendocino County
Russian River
Flood Control and
Water Conservation
Improvement
District (RRFC)
provides raw water
for irrigation and to
municipal water
purveyors within
this area.

The Willow County Water District (WCWD) receives water from the RRFC, then treats and distributes the water to this area. During a normal year, the WCWD distributes approximately 1,200 acre-feet of water per year for domestic and irrigation uses. Water usage is about 20 percent residential and 80 percent commercial/industrial. The WCWD maintains a storage capacity of 1.348 million gallons in nine storage tanks strategically located throughout the WCWD. Based on data contained in the 2013 Ukiah Valley Special Districts MSR, the WCWD would have sufficient capacity to meet anticipated demand- and consequently, it does not appear there are water deficiencies.

Wastewater – The Ukiah Valley Sanitation District (UVSD) provides wastewater service to this community. The City owns the collection system and a Wastewater Treatment Plant (WWTP), while the UVSD owns the collection system within its jurisdictional boundaries. The UVSD contracts via a Participation Agreement to the City of Ukiah for use of the City-owned WWTP and for maintenance of its collection system. Based on the most recent data available from the Ukiah Valley Sanitation District and Mendocino LAFCo, there do not appear to be wastewater deficiencies in this community.

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City of Ukiah 15
1995 General Plan
Stormwater Drainage – Storm drainage capture and transport is limited since there is no community storm drain system in place for this community. In lieu of a storm drain system, there are roadside ditches which are used to manage and transport stormwater runoff for the area.

The use of roadside ditches have led to less ponding and localized flooding, but during large rain events, localized flooding and ponding may still occur. Based on the availability of stormwater runoff capture and transport through roadside ditches, there do not appear to be stormwater drainage deficiencies in this community.

Structural Fire Protection – Fire protection is provided to this community by Ukiah Valley Fire Authority (UVFA). The UVFA provides structural, wildland fire suppression, and emergency medical services. UVFA staff are trained to provide emergency medical service at the Basic Life Support (BLS) level and are the first responders to these types of calls. The UVFA reviews all applications for new commercial construction, multi-unit housing, occupancy changes, or tenant changes that are within its service area and require a building permit. UVFA Station 1 (South Station), located at 1500 S. State Street, is the closest station to DUC #2. This station is staffed full time, 24 hours a day, seven days a week, 365 days a year. During peak fire season CalFire operates CalFire Station Ukiah, part of the Mendocino Unit, located at 2690 N. State Street.

This station is not staffed full-time, but when operational can assist UVFA during large fire incidents.

The area has access to fire hydrants. However, the majority of fire connections are standpipes or wharf hydrants, which do not produce the fire flows of a standard hydrant. The fire connections are sufficient for small isolated fires, but for major fires, UVFA must use water tenders. All fire trucks also carry water onboard for fire suppression. Based on these water infrastructure issues, there are fire protection service deficiencies in this community.

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16 City of Ukiah
1995 General Plan
DUC #3
DUC #3 is located
north of Zaina Lane
and South Stipp
Lane, west of
Redwood Highway,
near Stipp Ranch.

This area includes
16 parcels totaling
approximately 29
acres with
approximately 15
homes.

Water – The
Mendocino County
Russian River
Flood Control and
Water Conservation
Improvement District (RRFC) provides raw water for irrigation and to municipal water purveyors within this area.

The Willow County Water District (WCWD) receives water from the RRFC, then treats and distributes the water to this area. During a normal year, the WCWD distributes approximately 1,200 acre-feet of water per year for domestic and irrigation uses. Water usage is about 20 percent residential and 80 percent commercial/industrial. The WCWD maintains a storage capacity of 1.348 million gallons in nine storage tanks strategically located throughout the WCWD. Based on data contained in the 2013 Ukiah Valley Special Districts MSR, the WCWD would have sufficient capacity to meet anticipated demand- and consequently, it does not appear there are water deficiencies.

Wastewater – The Ukiah Valley Sanitation District (UVSD) provides wastewater service to this community. The City owns the collection system and a Wastewater Treatment Plant (WWTP), while the UVSD owns the collection system within its jurisdictional boundaries. The UVSD contracts via a Participation Agreement to the City of Ukiah for use of the City-owned WWTP and for maintenance of its collection system. Based on the most recent data available from the Ukiah Valley Sanitation District and Mendocino LAFCo, there do not appear to be wastewater deficiencies in this community.

Stormwater Drainage – Storm drainage capture and transport is limited since there is no community storm drain system in place for this community. In lieu of a storm drain system, there are roadside ditches which are used to manage and transport stormwater runoff for the area.

The use of roadside ditches have led to less ponding and localized flooding, but during large rain events, localized flooding and ponding may still occur. Based on the availability of stormwater runoff capture and transport through roadside ditches, there do not appear to be stormwater drainage deficiencies in this community.

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City of Ukiah 17
1995 General Plan
Structural Fire Protection – Fire protection is provided to this community by Ukiah Valley Fire Authority (UVFA). The UVFA provides structural, wildland fire suppression, and emergency medical services. UVFA staff are trained to provide emergency medical service at the Basic Life Support (BLS) level and are the first responders to these types of calls. The UVFA reviews all applications for new commercial construction, multi-unit housing, occupancy changes, or tenant changes that are within its service area and require a building permit. UVFA Station 1 (South Station), located at 1500 S. State Street, is the closest station to DUC #3. This station is staffed full time, 24 hours a day, seven days a week, 365 days a year. During peak fire season CalFire operates CalFire Station Ukiah, part of the Mendocino Unit, located at 2690 N. State Street.

This station is not staffed full-time, but when operational can assist UVFA during large fire incidents.

The area has access to fire hydrants. However, the majority of fire connections are standpipes or wharf hydrants, which do not produce the fire flows of a standard hydrant. The fire connections are sufficient for small isolated fires, but for major fires, UVFA must use water tenders. All fire trucks also carry water onboard for fire suppression. Based on these water infrastructure issues, there are fire protection service deficiencies in this community.

DUC #4
DUC #4 is
located
adjacent to the
southwestern
part of the city
limits. This area
spans from
Jefferson Lane
to the north and
Gobalet Lane to
the south and
includes 578
parcels totaling
255 acres with
approximately
680 singlefamily and
multifamily (i.e.,
apartments,
townhomes)
homes.

Water – The
Mendocino
County Russian
River Flood Control and Water Conservation Improvement District (RRFC) provides raw water for irrigation and to municipal water purveyors within this area. DUC #4 is served by both a City of Ukiah
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18 City of Ukiah
1995 General Plan
water district and private wells. Approximately 95 percent of the area is served by the Willow County Water District (WCWD), while the remaining 5 percent, located on the far southwest point of the community, rely on individual wells.

The Willow County Water District (WCWD) receives water from the RRFC, then treats and distributes the water to most of DUC #4. During a normal year, the WCWD distributes approximately 1,200 acre-feet of water per year for domestic and irrigation uses. Water usage is about 20 percent residential and 80 percent commercial/industrial. The WCWD maintains a storage capacity of 1.348 million gallons in nine storage tanks strategically located throughout the WCWD. Based on data contained in the 2013 Ukiah Valley Special Districts MSR, the WCWD would have sufficient capacity to meet anticipated demand- and consequently, it does not appear there are water deficiencies.

Wastewater – The Ukiah Valley Sanitation District provides wastewater service to this community. The City owns the collection system and a Wastewater Treatment Plant (WWTP), while the UVSD owns the collection system within its jurisdictional boundaries. The UVSD contracts via a Participation Agreement to the City of Ukiah for use of the City-owned WWTP and for maintenance of its collection system. Based on the most recent data available from the Ukiah Valley Sanitation District and Mendocino LAFCo, there do not appear to be wastewater deficiencies in this community.

Stormwater Drainage – The County manages a storm drain collection system for this community. Based on data from the most recent MSR, for this area does not appear to have infrastructure deficiencies related to stormwater drainage.

Structural Fire Protection – Fire protection is provided to this community by Ukiah Valley Fire Authority (UVFA). The UVFA provides structural, wildland fire suppression, and emergency medical services. UVFA staff are trained to provide emergency medical service at the Basic Life Support (BLS) level and are the first responders to these types of calls. The UVFA reviews all applications for new commercial construction, multi-unit housing, occupancy changes, or tenant changes that are within its service area and require a building permit. UVFA Station 1 (South Station), located at 1500 S. State Street, is the closest station to DUC #4. This station is staffed full time, 24 hours a day, seven days a week, 365 days a year. During peak fire season CalFire operates CalFire Station Ukiah, part of the Mendocino Unit, located at 2690 N. State Street.

This station is not staffed full-time, but when operational can assist UVFA during large fire incidents.

The area has access to fire hydrants. However, the majority of fire connections are standpipes or wharf hydrants, which do not produce the fire flows of a standard hydrant. The fire connections are sufficient for small isolated fires, but for major fires, UVFA must use water tenders. All fire trucks also carry water onboard for fire suppression. Based on these water infrastructure issues, there are fire protection service deficiencies in this community.

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1995 General Plan
DUC #5
DUC #5 is located
adjacent to the
southern part of the
city limits along
Pomo Lane and
Townsend Lane to
the north of Norgard
Lane. This area
includes 26 parcels
totaling nearly 9
acres with
approximately 25
single-family
homes.

Water – The
Mendocino County
Russian River
Flood Control and
Water Conservation
Improvement
District (RRFC)
provides raw water
for irrigation and to
municipal water
purveyors within
this area.

The Willow County Water District (WCWD) receives water from the RRFC, then treats and distributes the water to this area. During a normal year, the WCWD distributes approximately 1,200 acre-feet of water per year for domestic and irrigation uses. Water usage is about 20 percent residential and 80 percent commercial/industrial. The WCWD maintains a storage capacity of 1.348 million gallons in nine storage tanks strategically located throughout the WCWD. Based on data contained in the 2013 Ukiah Valley Special Districts MSR, the WCWD would have sufficient capacity to meet anticipated demand- and consequently, it does not appear there are water deficiencies.

Wastewater – The Ukiah Valley Sanitation District provides wastewater service to this community. The City owns the collection system and a Wastewater Treatment Plant (WWTP), while the UVSD owns the collection system within its jurisdictional boundaries. The UVSD contracts via a Participation Agreement to the City of Ukiah for use of the City-owned WWTP and for maintenance of its collection system. Based on the most recent data available from the Ukiah Valley Sanitation District and Mendocino LAFCo, there do not appear to be wastewater deficiencies in this community.

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20 City of Ukiah
1995 General Plan
Stormwater Drainage – Storm drainage capture and transport is limited since there is no community storm drain system in place for this community. In lieu of a storm drain system, there are roadside ditches which are used to manage and transport stormwater runoff for the area.

The use of roadside ditches have led to less ponding and localized flooding, but during large rain events, localized flooding and ponding may still occur. Based on the availability of stormwater runoff capture and transport through roadside ditches, there do not appear to be stormwater drainage deficiencies in this community.

Structural Fire Protection – Fire protection is provided to this community by Ukiah Valley Fire Authority (UVFA). The UVFA provides structural, wildland fire suppression, and emergency medical services. UVFA staff are trained to provide emergency medical service at the Basic Life Support (BLS) level and are the first responders to these types of calls. The UVFA reviews all applications for new commercial construction, multi-unit housing, occupancy changes, or tenant changes that are within its service area and require a building permit. UVFA Station 1 (South Station), located at 1500 S. State Street, is the closest station to DUC #5. This station is staffed full time, 24 hours a day, seven days a week, 365 days a year. During peak fire season CalFire operates CalFire Station Ukiah, part of the Mendocino Unit, located at 2690 N. State Street.

This station is not staffed full-time, but when operational can assist UVFA during large fire incidents.

The area has access to fire hydrants. However, the majority of fire connections are standpipes or wharf hydrants, which do not produce the fire flows of a standard hydrant. The fire connections are sufficient for small isolated fires, but for major fires, UVFA must use water tenders. All fire trucks also carry water onboard for fire suppression. Based on these water infrastructure issues, there are fire protection service deficiencies in this community.

DUC #6
DUC #6 is located
between the
northern part of the
city limits to Lovers
Lane, to the west of
Millview Road and
Kuki Road. This
area includes 295
parcels spanning
approximately 66
acres with
approximately 330
single-family and
multifamily (i.e.,
apartments) homes.

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City of Ukiah 21
1995 General Plan
Water – The Mendocino County Russian River Flood Control and Water Conservation Improvement District (RRFC) provides raw water for irrigation and to municipal water purveyors within this area.

The Millview County Water District (MCWD) receives water from the RRFC, then treats and distributes the water to this area. During a normal year, the MCWD distributes approximately 1,460 acre-feet of water per year. Water usage is approximately 75 percent for residential purposes, while commercial uses account for approximately 15 percent and the remaining 10 percent for industrial and miscellaneous purposes. The MCWD has a storage capacity of 3.24 million gallons. Based on data contained in the 2013 Ukiah Valley Special Districts MSR, the MCWD would have sufficient capacity to meet anticipated demand- and consequently, it does not appear there are water deficiencies.

Wastewater – The Ukiah Valley Sanitation District provides wastewater service to this community. The City owns the collection system and a Wastewater Treatment Plant (WWTP), while the UVSD owns the collection system within its jurisdictional boundaries. The UVSD contracts via a Participation Agreement to the City of Ukiah for use of the City-owned WWTP and for maintenance of its collection system. Based on the most recent data available from the Ukiah Valley Sanitation District and Mendocino LAFCo, there do not appear to be wastewater deficiencies in this community.

Stormwater Drainage – The County manages a storm drain collection system for this community. Based on data from the most recent MSR, for this area does not appear to have infrastructure deficiencies related to stormwater drainage.

Structural Fire Protection – Fire protection is provided to this community by Ukiah Valley Fire Authority (UVFA). The UVFA provides structural, wildland fire suppression, and emergency medical services. UFVA staff are trained to provide emergency medical service at the Basic Life Support (BLS) level and are the first responders to these types of calls. The UFVA reviews all applications for new commercial construction, multi-unit housing, occupancy changes, or tenant changes that are within its service area and require a building permit. UVFA Station 2 (North Station), located at 1800 N. State Street, is the closest station to DUC #6. This station is staffed full time, 24 hours a day, seven days a week, 365 days a year. During peak fire season CalFire operates CalFire Station Ukiah, part of the Mendocino Unit, located at 2690 N. State Street.

This station is not staffed full-time, but when operational can assist UVFA during large fire incidents.

The area has access to fire hydrants. However, the majority of fire connections are standpipes or wharf hydrants, which do not produce the fire flows of a standard hydrant. The fire connections are sufficient for small isolated fires, but for major fires, UVFA must use water tenders. All fire trucks also carry water onboard for fire suppression. Based on these water infrastructure issues, there are fire protection service deficiencies in this community.

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22 City of Ukiah
1995 General Plan
DUC #7
DUC #7 is located
between Parducci
Road to the north,
Redwood Highway
to the east, Ben
Road to the south,
and Aldo Lane to
the west. This area
includes 17 parcels
spanning nearly 17
acres with
approximately 25
single-family
homes.

Water – The
Mendocino County
Russian River
Flood Control and
Water Conservation
Improvement
District (RRFC)
provides raw water
for irrigation and to
municipal water
purveyors within
this area.

The Millview County Water District (MCWD) receives water from the RRFC, then treats and distributes the water to this area. During a normal year, the MCWD distributes approximately 1,460 acre-feet of water per year. Water usage is approximately 75 percent for residential purposes, while commercial uses account for approximately 15 percent and the remaining 10 percent for industrial and miscellaneous purposes. The MCWD has a storage capacity of 3.24 million gallons. Based on data contained in the 2013 Ukiah Valley Special Districts MSR, the MCWD would have sufficient capacity to meet anticipated demand- and consequently, it does not appear there are water deficiencies.

Wastewater – There is no community wastewater system in place for this community. Septic tanks are used by residents for wastewater disposal. Because no data has been recently presented suggesting the septic capacity is not sufficient for this community, there appear to be no wastewater deficiencies in this community.

Stormwater Drainage – Storm drainage capture and transport is limited since there is no community storm drain system in place for this community. In lieu of a storm drain system, there are roadside ditches which are used to manage and transport stormwater runoff for the area.

The use of roadside ditches have led to less ponding and localized flooding, but during large rain events, localized flooding and ponding may still occur. Based on the availability of City of Ukiah
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City of Ukiah 23
1995 General Plan
stormwater runoff capture and transport through roadside ditches, there do not appear to be stormwater drainage deficiencies in this community.

Structural Fire Protection – Fire protection is provided to this community by Ukiah Valley Fire Authority (UVFA). The UVFA provides structural, wildland fire suppression, and emergency medical services. UVFA staff are trained to provide emergency medical service at the Basic Life Support (BLS) level and are the first responders to these types of calls. The UVFA reviews all applications for new commercial construction, multi-unit housing, occupancy changes, or tenant changes that are within its service area and require a building permit. UVFA Station 2 (North Station), located at 1800 N. State Street, is the closest station to DUC #7. This station is staffed full time, 24 hours a day, seven days a week, 365 days a year. During peak fire season CalFire operates CalFire Station Ukiah, part of the Mendocino Unit, located at 2690 N. State Street.

This station is not staffed full-time, but when operational can assist UVFA during large fire incidents.

The area has access to fire hydrants. However, the majority of fire connections are standpipes or wharf hydrants, which do not produce the fire flows of a standard hydrant. The fire connections are sufficient for small isolated fires, but for major fires, UVFA must use water tenders. All fire trucks also carry water onboard for fire suppression. Based on these water infrastructure issues, there are fire protection service deficiencies in this community.

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24 City of Ukiah
1995 General Plan
DUC #8
DUC #8 is located
between Estrella
Court and Malaga
Court to the north,
the Russian River
to the east,
Riverview Drive to
the south, and
Redwood Highway
to the west. This
area includes 213
parcels spanning
nearly 60 acres with
approximately 270
single-family and
mobile homes.

Water – The
Mendocino County
Russian River
Flood Control and
Water Conservation
Improvement
District (RRFC)
provides raw water
for irrigation and to
municipal water
purveyors within this area.

The Millview County Water District (MCWD) receives water from the RRFC, then treats and distributes the water to this area. During a normal year, the MCWD distributes approximately 1,460 acre-feet of water per year. Water usage is approximately 75 percent for residential purposes, while commercial uses account for approximately 15 percent and the remaining 10 percent for industrial and miscellaneous purposes. The MCWD has a storage capacity of 3.24 million gallons. Based on data contained in the 2013 Ukiah Valley Special Districts MSR, the MCWD would have sufficient capacity to meet anticipated demand- and consequently, it does not appear there are water deficiencies.

Wastewater – There is no community wastewater system in place for this community. Septic tanks are used by residents for wastewater disposal. Because no data has been recently presented suggesting the septic capacity is not sufficient for this community, there appear to be no wastewater deficiencies in this community.

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City of Ukiah 25
1995 General Plan
Stormwater Drainage – The County manages a storm drain collection system for this community. Based on data from the most recent MSR, for this area does not appear to have infrastructure deficiencies related to stormwater drainage.

Structural Fire Protection – Fire protection is provided to this community by Ukiah Valley Fire Authority (UVFA). The UVFA provides structural, wildland fire suppression, and emergency medical services. UVFA staff are trained to provide emergency medical service at the Basic Life Support (BLS) level and are the first responders to these types of calls. The UVFA reviews all applications for new commercial construction, multi-unit housing, occupancy changes, or tenant changes that are within its service area and require a building permit. UVFA Station 2 (North Station), located at 1800 N. State Street, is the closest station to DUC #8. This station is staffed full time, 24 hours a day, seven days a week, 365 days a year. During peak fire season CalFire operates CalFire Station Ukiah, part of the Mendocino Unit, located at 2690 N. State Street.

This station is not staffed full-time, but when operational can assist UVFA during large fire incidents.

The area has access to fire hydrants. However, the majority of fire connections are standpipes or wharf hydrants, which do not produce the fire flows of a standard hydrant. The fire connections are sufficient for small isolated fires, but for major fires, UVFA must use water tenders. All fire trucks also carry water onboard for fire suppression. Based on these water infrastructure issues, there are fire protection service deficiencies in this community.

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26 City of Ukiah
1995 General Plan
DUC #9
DUC #9 is located
between York
Creek to the north,
N. State Street to
the east, 3rd Street
to the south, and
Redwood Highway
to the west. This
area covers 2
parcels spanning
nearly 23 acres with
approximately 150
mobile homes.

Water – The
Mendocino County
Russian River
Flood Control and
Water Conservation
Improvement
District (RRFC)
provides raw water
for irrigation and to
municipal water
purveyors within
this area.

The Millview County Water District (MCWD) receives water from the RRFC, then treats and distributes the water to this area. During a normal year, the MCWD distributes approximately 1,460 acre-feet of water per year. Water usage is approximately 75 percent for residential purposes, while commercial uses account for approximately 15 percent and the remaining 10 percent for industrial and miscellaneous purposes. The MCWD has a storage capacity of 3.24 million gallons. Based on data contained in the 2013 Ukiah Valley Special Districts MSR, the MCWD would have sufficient capacity to meet anticipated demand- and consequently, it does not appear there are water deficiencies.

Wastewater – There is no community wastewater system in place for this community. Septic tanks are used by residents for wastewater disposal. Because no data has been recently presented suggesting the septic capacity is not sufficient for this community, there appear to be no wastewater deficiencies in this community.

Stormwater Drainage – Storm drainage capture and transport is limited since there is no community storm drain system in place for this community. In lieu of a storm drain system, there are roadside ditches which are used to manage and transport stormwater runoff for the area.

The use of roadside ditches have led to less ponding and localized flooding, but during large rain events, localized flooding and ponding may still occur. Based on the availability of City of Ukiah
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City of Ukiah 27
1995 General Plan
stormwater runoff capture and transport through roadside ditches, there do not appear to be stormwater drainage deficiencies in this community.

Structural Fire Protection – Fire protection is provided to this community by Ukiah Valley Fire Authority (UVFA). The UVFA provides structural, wildland fire suppression, and emergency medical services. UVFA staff are trained to provide emergency medical service at the Basic Life Support (BLS) level and are the first responders to these types of calls. The UVFA reviews all applications for new commercial construction, multi-unit housing, occupancy changes, or tenant changes that are within its service area and require a building permit. UVFA Station 2 (North Station), located at 1800 N. State Street, is the closest station to DUC #9. This station is staffed full time, 24 hours a day, seven days a week, 365 days a year. During peak fire season CalFire operates CalFire Station Ukiah, part of the Mendocino Unit, located at 2690 N. State Street.

This station is not staffed full-time, but when operational can assist UVFA during large fire incidents.

The area has access to fire hydrants. However, the majority of fire connections are standpipes or wharf hydrants, which do not produce the fire flows of a standard hydrant. The fire connections are sufficient for small isolated fires, but for major fires, UVFA must use water tenders. All fire trucks also carry water onboard for fire suppression. Based on these water infrastructure issues, there are fire protection service deficiencies in this community.

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28 City of Ukiah
1995 General Plan
DUC #10
DUC #10 includes a
community west of
Redwood Highway that
is around 1st Avenue,
and residences along N.

State Street to the east
of Redwood Highway
that span from Agnes
Lane to the north,
Russian River to the
eat, and Pomo Lane to
the south. This area
covers 108 parcels
spanning approximately
72 acres with
approximately 200
single- family and
mobile homes.

Water – The Mendocino
County Russian River
Flood Control and
Water Conservation
Improvement District
(RRFC) provides raw
water for irrigation and
to municipal water
purveyors within this area.

The Millview County Water District (MCWD) receives water from the RRFC, then treats and distributes the water to this area. During a normal year, the MCWD distributes approximately 1,460 acre-feet of water per year. Water usage is approximately 75 percent for residential purposes, while commercial uses account for approximately 15 percent and the remaining 10 percent for industrial and miscellaneous purposes. The MCWD has a storage capacity of 3.24 million gallons. Based on data contained in the 2013 Ukiah Valley Special Districts MSR, the MCWD would have sufficient capacity to meet anticipated demand- and consequently, it does not appear there are water deficiencies.

Wastewater – There is no community wastewater system in place for this community. Septic tanks are used by residents for wastewater disposal. Because no data has been recently presented suggesting the septic capacity is not sufficient for this community, there appear to be no wastewater deficiencies in this community.

Stormwater Drainage – The County manages a storm drain collection system for this community. Based on data from the most recent MSR, for this area does not appear to have infrastructure deficiencies related to stormwater drainage.

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City of Ukiah 29
1995 General Plan
Structural Fire Protection – Fire protection is provided to this community by Ukiah Valley Fire Authority (UVFA). The UVFA provides structural, wildland fire suppression, and emergency medical services. UVFA staff are trained to provide emergency medical service at the Basic Life Support (BLS) level and are the first responders to these types of calls. The UVFA reviews all applications for new commercial construction, multi-unit housing, occupancy changes, or tenant changes that are within its service area and require a building permit. UVFA Station 2 (North Station), located at 1800 N. State Street, is the closest station to DUC #10. This station is staffed full time, 24 hours a day, seven days a week, 365 days a year. During peak fire season CalFire operates CalFire Station Ukiah, part of the Mendocino Unit, located at 2690 N. State Street. This station is not staffed full-time, but when operational can assist UVFA during large fire incidents.

The area has access to fire hydrants. However, the majority of fire connections are standpipes or wharf hydrants, which do not produce the fire flows of a standard hydrant. The fire connections are sufficient for small isolated fires, but for major fires, UVFA must use water tenders. All fire trucks also carry water onboard for fire suppression. Based on these water infrastructure issues, there are fire protection service deficiencies in this community.

DUC #11
DUC #11 is the center
of Calpella and
includes residences
along N. State Street
that span from the
intersection of N. State
Street and 3rd Street to
the north, Russian
River to the east, and
portions of Moore
Street and Hopkins
Street. This area
includes 61 parcels
spanning nearly 33
acres with
approximately 35
single-family homes.

Water – The
Mendocino County
Russian River Flood
Control and Water
Conservation
Improvement District
(RRFC) provides raw
water for irrigation and
to municipal water
purveyors within this area.

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30 City of Ukiah
1995 General Plan
The Calpella County Water District receives water from the RRFC, then treats and distributes the water to this area. Based on the 2013 Ukiah Valley Special Districts Municipal Service Review (MSR), the water infrastructure capacity is sufficient, but the District overall lacks additional water capacity. The lack of water supply leads to a potential of meeting future demands without purchasing water from other sources. There are no reported changes since the 2013 MSR.

Wastewater –The Calpella County Water District serves over 100 sewer connections and operates a wastewater treatment plant. The capacity of the plant was increased to 80,000 gpd.

In 2007, the average daily flow rate was estimated at 32,000 gallons. The CCWD has additional treatment capacity and can accommodate up to 1,000 residents, which is about 300 more than the current population within the CCWD service area. Based on the most recent data available from the CCWD and Mendocino LAFCo, there do not appear to be wastewater deficiencies in this community.

Stormwater Drainage – The County manages a storm drain collection system for this community. Based on data from the most recent MSR, for this area does not appear to have infrastructure deficiencies related to stormwater drainage.

Structural Fire Protection – The Redwood Valley-Calpella Fire District (RVCFD) provides structural fire protection, wildland fire protection, emergency medical services, rescue, hazardous materials response, and fire prevention for Calpella. The District is dispatched by CALFire. RVCFD operates one fire station in Redwood Valley at 8481 East Road in Redwood Valley. Within Calpella and the outlying area, The District relies on its 2,000-gallon water tender, agricultural irrigation ponds, and cisterns constructed by property owners as part of a residential building permit. In 2016, water supply for firefighting in the outlying areas is considered “marginally adequate,” especially during time of drought. RVCFD is exploring other means to augment its existing water supplies, either through mutual aid tanker support from other fire agencies; or through acquisition of additional water tenders. The core of capital improvement needs for RVCFD are generally planned in the budget and are underway, which includes a 10- year program to replace its vehicles.

The area has access to fire hydrants. However, the majority of fire connections are standpipes or wharf hydrants, which do not produce the fire flows of a standard hydrant. The fire connections are sufficient for small isolated fires, but for major fires, UVFA must use water tenders. All fire trucks also carry water onboard for fire suppression. Based on these water infrastructure issues, there are fire protection service deficiencies in this community. .

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City of Ukiah 31
1995 General Plan

POTENTIAL INFRASTRUCTURE FUNDING SOURCES
There are Federal and State programs that could potentially help address existing deficiencies identified in the communities discussed above. Table 3 provides a brief summary of programs that could provide funding to address infrastructure deficiencies in DUCs.

TABLE 3

POTENTIAL INFRASTRUCTURE FUNDING SOURCES
Program Name Agency Program Description
Community
Development Block
Grants (CDBG)
United States
Housing and Urban
Development
Department (HUD)
These grants can fund the construction of projects such as water and sewer facilities, street maintenance, as well as other public work projects.

Community
Facilities Direct
Loan and Grant
Program
United States
Department of
Agriculture and
Rural Development
This program provides funding to develop essential
community facilities in rural areas.

Impact Fees Local Governments Development Impact Fees can be imposed for new development, in order to acquire funding to construct capital facilities. Applying development impact fees to projects does have substantial limitations under The Mitigation Fee Act, sections 66000.

Taxation Local Governments
and Public
Agencies
In 1982 the California State Legislature enacted the
Community Facilities Act, commonly referred to as MelloRoos. This act authorized local jurisdictions to establish community facility districts, which would directly serve as another funding mechanism for financing public work projects, and even public services. This method of revenue generation potentially could be used to finance projects that will make the necessary improvements to the deficiencies in these
communities.

Clean Water State
Revolving Fund
(CWSRF)
The State Water
Resources Control
Board
CWSRF provides financial assistance for a wide range of water infrastructure projects. It is a partnership between the US EPA and states governments. States have the flexibility to fund a range of projects that address their highest priority water quality needs. Using a combination of federal and state funds, CWSRF provides loans to eligible recipients to
construct municipal wastewater facilities and decentralized wastewater treatment systems, among other projects.

Emergency
Community Water
Assistance Grants
United States
Department of
Agriculture Rural
Development
This program helps eligible communities prepare for, or recover from, an emergency that threatens the availability of safe, reliable drinking water for households and businesses.

Safe Drinking
Water State
Revolving Fund
California
Department of
Public Health
The Drinking Water State Revolving Fund (DWRSF) program assists public water systems in financing the cost of drinking water infrastructure projects needed to achieve or maintain compliance with Safe Drinking Water Act (SDWA)
requirements.

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32 City of Ukiah
1995 General Plan
TABLE 3

POTENTIAL INFRASTRUCTURE FUNDING SOURCES
Program Name Agency Program Description
Bonds Local Governments Bonding is a funding mechanism that can be used specifically to fund large infrastructure projects in disadvantaged
communities. There are three bond types: revenue bonds, lease revenue bonds, and obligations bonds.
 Revenue bonds are typically ensured by the project
that is being constructed. A common revenue bond
infrastructure project would be a water treatment
facility. Once the bond is paid, the facility operation and ownership is turned over to the jurisdiction.
 Lease revenue bonds are secured by either a nonprofit or privately financed group, that constructs the infrastructure project, then leases the completed
facility back to the jurisdiction, until the costs of the bond have been paid for. Once the bond is paid, the
facility operation and ownership is turned over to the
jurisdiction.
 General obligation bonds are issued for the
improvement and enhancement of real property. Local
governments have the ability to raise property taxes in order to cover the costs of the bond and infrastructure project. Unlike the previous two types of bonding
methods, the general obligation bond, does require
voter approval.

Household and
Small Water
System Drought
Assistance
Program
State Water
Resources Control
Board
The State Water Resources Control Board authorized $5
million to assist individual households and small water systems to address drought-related drinking water
emergencies. Funding is available as low interest loans and/or grant based on recipient’s income and affordability.

Integrated Regional
Water
Management
California
Department of
Water Resources
The IRWM Grant Programs include funding for planning,
community involvement, implementation, and companion grant programs that support sustainable groundwater planning and water-energy programs and projects.

Proposition 84 State Water
Resources Control
Board
The Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act (Prop 84) provides funding for capital costs on projects addressing excessive stormwater runoff, including projects related to the collection of stormwater, and treatment of water to reduce contamination.

State Water Quality
Control Fund:

Cleanup and
Abatement Account
State Water
Resources Control
Board
The Cleanup and Abatement Account (CAA) was created to
provide public agencies with grants for the cleanup or
abatement of pollution when there are no viable responsible parties available to undertake the work. Eligible entities include public agencies, as well as certain not-for-profit organizations and tribal governments that serve a disadvantaged community and that have the authority to clean up or abate the effects of a waste.

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City of Ukiah 33
1995 General Plan

KEY TERMS
Community. An inhabited area within a city or county that is comprised of no less than 10 dwelling units adjacent or in close proximity to one another.

Disadvantaged Unincorporated Community (DUC). A fringe, island, or legacy community in which the median household income is 80 percent or less than the statewide median household income.

Island Community. Any inhabited and unincorporated territory that is surrounded or substantially surrounded by one or more cities or by one or more cities and a county boundary or the Pacific Ocean.

Fringe Community. Any inhabited and unincorporated territory that is within a city sphere of influence.

Legacy Community. A geographically isolated community that is inhabited and has existed for at least 50 years.

Local Agency Formation Commission (LAFCo). The commission designated by the State Legislature within each county to provide for the orderly growth and development within said county, including the review and evaluation of proposals for formation of special districts, incorporation of cities, annexation to special districts or cities, consolidation of districts, and merger of districts with cities. Each LAFCo is empowered to approve, disapprove, or conditionally approve such proposals.

Municipal Service Review (MSR). A comprehensive study designed to better inform LAFCo, local agencies, and the community examining the provision of municipal services for the area.

Sphere of Influence (SOI). A plan for the probable physical boundaries and service area of a local agency, as determined by the Local Agency Formation Commission (LAFCo).

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2040 GENERAL PLAN
34 City of Ukiah
Administrative Review Draft 2040 General Plan

REFERENCES

REPORTS
Alex, Ken. Technical Advisory, Senate Bill 244: Land Use, General Plans, and Disadvantaged Communities. Prepared for the Office of Planning and Research for the State of California, February 2, 2013.

Mendocino LAFCo. Final Municipal Service Review, City of Ukiah. Adopted September 4, 2012.

Mendocino LAFCo. Multi-District Fire Protection Services. Approved on April 4, 2016.

Mendocino LAFCo. Ukiah Valley Special Districts Municipal Service Review. Adopted May 6, 2013.

Mendocino LAFCo. Russian River Flood Control and Water Conservation Improvement District Municipal Service Review and Sphere of Influence Update – FINAL. Adopted May 1, 2017.

WEBSITES
Mendocino County. http://www.co.mendocino.ca.us. September 2019.

Mendocino LAFCo. http://mendolafco.org. September 2019.

Ukiah Valley Sanitation District. www.uvsd.org. September 2019.

DATA
U.S. Census Bureau. 2013-2017 American Community Survey (ACS) data.

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Agenda Item No: 3.a.

MEETING DATE/TIME: 10/23/2019
PEAK ITEM NO: 2019-141

AGENDA SUMMARY REPORT
SUBJECT: Approval of Community Development Director Determination that the Proposed General Plan Amendment Qualifies for a CEQA Exemption, and Consideration and Possible Adoption of a Resolution and Findings Adopting an Amendment to the Land Use Element of the City of Ukiah 1995 General Plan, Incorporating the Senate Bill 244 Analysis Related to Disadvantaged Unincorporated Communities.

DEPARTMENT: Community
Development PREPARED BY: Craig Schlatter, Community DevelopmentDirector ATTACHMENTS:

1. SB 244 bill text

2. City of Ukiah SB 244 Analysis

3. 2019-01 PC Reso - Adopt Amendment to Land Use Element of 1995 General Plan

4. SB244 GPA NOE draft

5. City Council Resolution + Findings- GPA 2019-01
Summary: City Council will consider approving the Community Development Director's Determination that the proposed General Plan Amendment qualifies for a CEQA exemption. Council will also consider and possibly adopt a resolution and related findings adopting an amendment to the Land Use Element of the 1995 City of Ukiah General Plan to incorporate the Senate Bill 244 analysis regarding Disadvantaged Unincorporated Communities.

Background: Senate Bill (SB) 244 (Attachment 1) was approved by Governor Brown in October 2011 and requires cities to identify and describe disadvantaged unincorporated communities inside or near city boundaries. Codified in Government Code Section 65302.10, a Disadvantaged Unincorporated Community (DUC) is defined as a fringe, island, or legacy community that 1) contains 10 or more dwelling units in close proximity to one another; 2) is within a city's sphere of influence, is an island of unincorporated territory that is surrounded or substantially surrounded by one or more cities, or is geographically isolated and has existed for more than 50 years; and 3) has a median household income that is 80 percent or less than the statewide median household income.

SB 244 directs that on or before the date of adoption of the next housing element, the general plan land use element must be updated as necessary to identify and describe each DUC (fringe community, legacy community, and/or island community) that exists within unincorporated areas of the county or in spheres of influence (SOI) of each city; analyze for each identified community the water, wastewater, stormwater drainage, and structural fire protection needs; and identify financial funding alternatives for the extension of services to any identified communities.

Utilizing the services of the City's advanced planning specialists, Staff completed the SB 244 analysis (Attachment 2). The City's SB 244 analysis identified 11 DUCs outside the city limits but within the City's SOI.

All DUCs were analyzed with regards to water, wastewater, stormwater drainage, and structural fire protection needs.

Attachment 2
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At their meeting on October 9, 2019, the Planning Commission adopted a resolution (Attachment 3) recommending that the City Council adopt an amendment to the Land Use Element of the 1995 City of Ukiah General Plan incorporating the SB 244 analysis related to DUCs.

Discussion: As a part of consideration of the proposed amendment to the Land Use Element of the 1995 City of Ukiah General Plan, the Community Development Director is required to make- and he has made- a determination as to the required level of environmental review required by the California Environmental Quality Act ("CEQA"). The Community Development Director has determined that the proposed Land Use Element amendment is exempt from environmental review under CEQA Guidelines, Section 15306 as an information collection activity (see the Director's draft CEQA Exemption Determination, Attachment 4).

In addition, the proposed General Plan Land Use Element amendment is exempt from environmental review under CEQA as a special situation under Guidelines Section 15183. It does not propose infrastructure projects or improvements, nor does it propose amendments to the Land Use Map or land use policies. The General Plan Amendment does not propose a change in density, nor growth within the City limits or sphere of influence and would be consistent with the City's 1995 General Plan. There are no project-specific effects that are peculiar to the text amendment.

Staff recommends that Council approve the Community Development Director Determination that the proposed General Plan Amendment qualifies for a CEQA exemption. Staff also recommends that Council adopt a resolution and findings in Attachment 5, adopting an amendment to the Land Use Element of the City of Ukiah 1995 General Plan incorporating the SB 244 analysis related to Disadvantaged Unincorporated Communities.

Recommended Action: 1) Approve Community Development Director Determination (Attachment 4) that the proposed General Plan Amendment qualifies for a CEQA exemption; and 2) adopt a resolution and findings (Attachment 5) adopting an amendment to the Land Use Element of the 1995 General Plan to incorporate the SB 244 analysis regarding Disadvantaged Unincorporated Communities.

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A
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1 1
1 RESOLUTION NO. 2019-48

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING THE

LAND USE ELEMENT OF THE UKIAH GENERAL PLAN TO INCORPORATE THE SB 244 ANALYSIS RELATED TO DISADVANTAGED UNINCORPORATED

COMMUNITIES
WHEREAS, Government Code Section 65300 requires each legislative body and planning agency to prepare and adopt a comprehensive, long- term general plan for the physical development of the city; and
WHEREAS, the City of Ukiah General Plan was adopted on December 6, 1995; and WHEREAS, Senate Bill ( SB) 244, codified in Government Code Section 65302. 10, requires that on or before the next revision of a city or county housing element. and each revision thereafter, a city or county to review and update its general plan, as necessary to address the presence of Disadvantaged Unincorporated Communities, as defined, within its sphere of influence or outside but surrounded by City territory, and would require the updated general plan to include specified information; and WHEREAS, on September 27, 2019, the City of Ukiah completed this analysis, entitled, "City of Ukiah SB 244 Analysis," and made a copy available to the public; and WHEREAS, the City has prepared an amendment to the Land Use Element of the Ukiah General Plan in compliance with Government Code Section 65302. 10 by insertion of the City of Ukiah SB 244 Analysis into the Land Use Element as "Appendix A;" and WHEREAS, under California Environmental Quality Act ( CEQA) Guidelines 15306 and § 15183 the proposed General Plan Land Use Element amendment is exempt from environmental review because the proposed amendment consists exclusively of data collection and does not propose amendments to the Land Use Map or land use policies, nor does it propose a change in density, or growth within the City limits or sphere of influence, and it can be seen with certainty that there is not a possibility that the activity may have a significant effect on the environment: and WHEREAS, the Planning Commission considered the matter on October 9, 2019, and found that the proposed General Plan Amendment supported the purpose of SB 244.. and is consistent with the Ukiah General Plan; and
WHEREAS, it is deemed in the interest of orderly development and important to the protection of health, safety, and general welfare of the residents to amend the Ukiah General Plan by incorporating the SB 244 Analysis into the Land Use Element of the General Plan.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ukiah as follows:

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The Land Use Element of the Ukiah General Plan is hereby amended to incorporate City of Ukiah SB 244 Analysis," dated September 27, 2019, as "Appendix A" of the Ukiah General Plan, based on the Findings in Attachment 1.

PASSED AND ADOPTED on this 23rd day of October, 2019, by the following roll call vote:

AYES: Councilmembers Orozco, Brown, Scalmanini, Crane, and Mayor Mulheren NOES: None
ABSENT: None
ABSTAIN: None
yrk. -) 7)
Mauken Mu here , ayor
71joek
ATTEST:

Pam Mathias, Deputy City Clerk

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1 1
1 City of Ukiah
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1 1
1 ATTACHMENT 1

FINDINGS
GENERAL PLAN AMENDMENT #2019- 01

AMENDING THE LAND USE ELEMENT OF THE UKIAH GENERAL PLAN TO INCORPORATE AS APPENDIX A THE " CITY OF UKIAH SB 244 ANALYSIS"

RELATED TO DISADVANTAGED UNINCORPORATED COMMUNITIES
The following findings are supported by and based upon information contained in the Staff Report, General Plan, other supporting documentation. and the public record:

1. The proposed amendment is deemed to be in the public interest.

2. The proposed General Plan Amendment is consistent and compatible with the General Plan.

3. The potential impacts of the proposed amendment have been assessed and have been determined not to be detrimental to the public health, safety, or welfare.

4. The proposed Amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act ( CEQA).

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2019-20 CDBG APPLICATION

MICROENTERPRISE TECHNICAL ASSISTANCE PROGRAM

STATE OBJECTIVES DOCUMENTATION
STATE OBJECTIVE 2: FAIR HOUSING – ACCESS TO OPPORTUNITY The City of Ukiah has completed efforts that have furthered access to opportunity for lower income households. Below is an example.

Outreach and Engagement- City of Ukiah Housing Element Update Description: In 2019, the City of Ukiah implemented an outreach and engagement effort designed to significantly increase community participation and input in the decision-making process related to the updating of the City of Ukiah’s Housing Element. Nearly 30% of the City’s population is of Hispanic origin, and approximately 49% of the City’s population is lower income, and engagement efforts were designed to reach these populations. Specific actions include the following:
 Creation of flyers in both English and Spanish announcing two community workshops on the Housing Element (see Attachment 1 for flyers)
 Posting of these flyers at lower income rental housing properties throughout Ukiah  Release of eBlasts in both English and Spanish to a list of approximately 100 stakeholders in the Ukiah Valley. Stakeholders represented a broad section of the community, including nonprofit agencies serving primarily lower income persons.  City staff presentations at Ukiah Vecinos en Acción (Neighbors in Action) and Mendocino Latinx Alliance; and an informational booth at the Mexican Consulate  Development of a Housing Element webpage
 Two community housing workshops presented in both English and Spanish, with presentation materials also in both English and Spanish. o City Parks and Recreation staff hosted a “Kids Corner” at both workshops so families with children could attend even if they did not have access to childcare.  City staff also sent press releases, and the Ukiah Daily Journal published three articles (see Attachment 2).

As a result of these efforts, the City had strong participation at both workshops, of approximately 40 people in the first workshop and 30 in the second workshop. The City incorporated comments received during these workshops and from written comments submitted into its final 2019-2027 Housing Element, which was adopted by City Council on October 23, 2019 and certified by HCD’s Housing Policy Division on December 5, 2019.

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Community Workshops
5:30 p.m. to 7:30 p.m.

Ukiah Valley Conference Center
200 S School St, Ukiah, CA 95482
The City of Ukiah is
inviting the
community to two
workshops to discuss
the 2019-2027
Housing Element.

The Housing Element
establishes specific
goals and policies to
address housing
needs in the
community.

Community input will
be used in updating
goals, policies and
programs in the
Housing Element.
1st Workshop
March 21, 2019
2nd Workshop
April 25, 2019
Community Workshops
City of Ukiah
2019 – 2027 Housing Element
For questions or to submit comments, please contact:

Alicia Tlelo, Assistant Planner
City of Ukiah Community Development Department
300 Seminary Ave. Ukiah, CA 95482
Email: [email protected]; Phone: (707) 463-6268
Attachment 1
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Talleres Comunitarios
5:30 p.m. to 7:30 p.m.

Ukiah Valley Conference Center
200 S School St, Ukiah, CA 95482
La Ciudad de Ukiah
está invitando a la
comunidad a dos
talleres para discutir
el Elemento de
Vivienda 2019-2027.

El Elemento de
Vivienda establece
metas y políticas
específicas para
abordar las
necesidades de
vivienda en la
comunidad.

Los comentarios de
la comunidad se
utilizarán para
actualizar los
objetivos, políticas y
programas en el
Elemento de
Vivienda.
1º Taller 21 de
Marzo de 2019
2º Taller 25 de
Abril de 2019
Talleres Comuniatrios
Ciudad de Ukiah
2019 – 2027 Elemento de Vivienda
Para preguntas o para enviar comentarios, por favor póngase en contacto con: Alicia Tlelo, Asistente de Planificador
Departamento de Desarrollo Comunitario de la Ciudad de Ukiah 300 Seminary Ave. Ukiah, CA 95482
Correo Electrónico: [email protected]; Teléfono: (707) 463-6268 City of Ukiah
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3/17/2019 A: Main
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By JustineFrederiksen
[email protected] @JustFrederiksen on Twitter
The city of Ukiah will be holding public workshops
soon to collect input fromthe public as it begins
updating the Housing Element portion of its General
Plan, Community Development Director Craig
Schlatter announced.
“We’re shifting gears fromcurrent planning to working
on advanced planning that we’ll be engaged in for the
next two, maybe three years,” Schlatter told the Ukiah
Planning Commission at its last meeting, explaining
that the city requested proposals from consultants “to
helpwith general plan updates,” and those proposals
were due March 1.
“We are also due for an update of the Housing
Element, which was last certified in 2016 for a fiveyear cycle ending in 2019,” he said, explaining that his department now plans to forge a new document that
will cover eight years (2019-2027), and needs to be
certified by Aug. 15 of this year.
“Staff will be leading the housing element update with
assistance from the consultant hired for updating the
other elements of the city’s General Plan,” said
Schlatter, who also noted in a recent press release that city staff “will be providing several opportunities for the community to participate in the process.”
At the City Council meeting Wednesday, Schlatter said
his department “will provide a work plan … describing
the process, timeline, and expectations for the update,” describing the March 6 meeting as the official start of the process.
“The Housing Element can be much more than just
another planning document tomeet state requirements,”
said Schlatter, who told the Planning Commission that
he wanted the document to not just “sit on the shelf,
but actually be implemented.” And a crucial part of
making sure it can be implemented, he said, is
encouraging “active participation from the public. (If
the plan is) developed with goals and policies that are realistic, accessible, and implementable, the Housing
Element can map out the city’s housing plan for the
future. We
HOUSING>> PAGE10
‘Realistic’ housing goals sought
Housing
FROMPAGE 1
encourage our community to be a part of this process.”
Two workshops have been scheduled, the first on
March 21 and the second on April 25, for residents to
provide input and ideas on the goals and policies in the Housing Element. Both meetings will be at the Ukiah
Valley Conference Center, from 5:30 to 7:30 p.m., and
A draft housing element update is expected to be ready
to be presented to the Ukiah Planning Commission by
late summer, and a City Council hearing for Housing
Element adoption is tentatively set for fall of 2019.

For more information about the Housing Element
Update process or to be added to an email distribution
list, contact Alicia Tlelo, assistant planner, at
[email protected] or (707) 463- 6268.
‘Realistic’ housing goals sought
Housing

CITY OF UKIAH
Attachment 2
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Spanishtranslation services will be available. City staff will also “maintain a web page specifically for the
housing element update, with key announcements, and
list announcements on the city’s Facebook page.”
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By JustineFrederiksen
[email protected] @JustFrederiksen on Twitter
The city of Ukiah is updating its Housing Element this
year and plans to create what the staff member
directing the process described asamuchmore
accessible document that residents and community
members will help shape.
“We’ve heard quite a bit that the public wants to be
involved and there’s quite a bit of attention on
addressing housing in the community,” Community
Development Director Craig Schlatter told the Ukiah
City Council this week. “There will be much more
opportunities for the public to be involved in this
update,” which will cover eight years, from 2019
through 2027.

He said staff expect to complete the first draft of the document by early May, and has scheduled twopublic
workshops before then. The first is set forMarch 21 at
5:30 p.m. at the Ukiah Valley Conference Center at 200
S. School St.

In themeantime, Schlatter said the city has already
significantly
HOUSING>> PAGE2
Construction work continues on the apartment complex
on the corner of Norton and Main streets in Ukiah.

CHRIS PUGH— UKIAH DAILY JOURNAL
Housingplanpublic input sought
Housing
FROMPAGE 1
increased its production of newhousing, describing the
number of units both built and being built in the last
three years, especially compared to the last 15 years, as “pretty remarkable.”
In regard to Accessory Dwelling Units, often called
granny flats or mother-inlaw units, Schlatter addressed correspondence from a Ukiah resident who asked if the
city planned to host any workshops on how average
if someone brought it tomy attention.” Mulheren
responded by whispering, “I just did.”
Audience member John McCowen, 2nd District
Mendocino County supervisor, urged the city to
“consider making (approved) plans available over the
counter. This would incentivize them andmake them
more cost-effective for people willing to choose from a set of ready-made plans.” Schlatter said he would
consider that if his department “were seeing really low numbers of ADUs (being built), but I’m not seeing
that.” When asked by Council member Steve
Scalmanini if a “tiny house on wheels” could be
Housingplanpublic input sought
Housing
First workshop planned March 21

CITY OF UKIAH
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property owners, “not professional builders,” could add one.
“We like to host workshops, but we are not sure if it
would be valuable because there have been other
workshops hosted on this topic recently,” said
Schlatter. “Both the county director and myself
discussed ADUs at a recent workshop. I would be
happy to host one, but don’t feel it is necessary.”
When Mayor Maureen Mulheren asked if the city of
Ukiah planned to offer sets of approved plans for
ADUs like the city of Fort Bragg does over the
counter, Schlatter said he would be happy to “look into that
considered an ADU, Schlatter said he did not think
those were currently considered ADUs.

Schlatter said that the public workshops would be
presented in both English and Spanish, and Council
member Juan Orozco suggested they be “hosted in
separate rooms,” so that all the information and
questions would only have to be presented once, not
repeated for everyone every time. “That’s a really good idea, I hadn’t thought of that,” Schlatter said.

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By JustineFrederiksen
[email protected] @JustFrederiksen on Twitter
The city of Ukiah is hosting another workshop
Thursday designed to collect comments from the
public that will not only help shape its housing goals, but dictate how they will be put into practice.
“Our hope is that the public will really drive this
process, particularly the implementation portion of
theHousing Element,” said Craig Schlatter, the city’s
Community Development Director, explaining that
both the workshop this week and the one last month
were specifically designed to encourage engagement
fromattendees.

At the March 21 workshop, Schlatter said he was
pleased with the turnout and the ideas presented, some
of which were
HOUSING >> PAGE2
It took years of strategic planning by city staff and the developer to bring about this housing project at the
corner of Norton and Main streets.

CHRIS PUGH— UKIAH DAILY JOURNAL
Residentshelpshape housingplans
Housing
FROMPAGE 1
incorporated into the six goals identified by staff. The revised versions are:

Conserve, rehabilitate, and improve the existing
housing stock to provide adequate, safe, sustainable,
and decent housing for all Ukiah residents.

Support housing opportunities for all economic
segments of the community, regardless of race, gender,
age, sexual orientation, marital status, or national
origin.

Expand affordable housing opportunities for persons
with special needs.
when it comes to public engagement.
“They are designed as more of an actual dialog and
conversation with the community,” he said. “Hopefully
the participants feel as if their opinions and ideas
matter.”
Per California state code, the city of Ukiah is required to update the Housing Element in its General Plan
every several years, and this one will cover the period spanning 2019 to 2027. It is meant to “analyze issues
of housing availability, affordability, and needs within the community. In addition, the Housing Element seeks
to set goals, policies, programs and implementation
strategies to address those issues.”
After hosting both workshops, Schlatter said city staff will prepare a draft Housing Element and after it is
certified by other agencies, it will go before the
Planning Commission and City Council for adoption.

Residentshelpshape housingplans
Housing
Six revised goals focus of Thursday workshop

UKIAH VALLEYCONFERENCECENTER
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Minimize governmental constraints for infill housing
development. (new goal) Use land effectively to meet
housing needs and maintain existing housing stock.

Provide support for future housing needs. (new goal)
At Thursday’s meeting, Schlatter said each of those
goals will be written on an easel next to a table, and
attendees will be asked to sit near the goal they are
most interested in discussing, and then they will be
asked to “give any ideas they have for how that goal
should be implemented.”
Schlatter described these workshops has being “done
differently than they have in the past,” particularly
“And it will go before the public at least two more
times before adoption,” he said, estimating that the
draft would be ready for the Planning Commission in
August or September.

Thursday’s workshop beings at 5:30 p.m. (April 25) at
the Ukiah Valley Conference Center at 200 S. School
Street.

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1 2019-2020 CDBG APPLICATION

MICROENTERPRISE TECHNICAL ASSISTANCE PROGRAM
Market Analysis
Background
The past decade has seen a continuous decline in industries that once bolstered the regional economy and the economics of the City of Ukiah. As fishing, timber and cash-based businesses evaporate the number that live below the poverty line grows. Recent poverty rate data indicates that the poverty rate is at 20.2%, a number that is higher than the national average of 14%, while the cost of living is 13% higher than the national average.

According to the Comprehensive Economic Development Strategy (CEDS) research completed in 2016 for Sonoma and Mendocino counties, sustainable economic growth will only result from a diverse economic base that provides sufficient living wage employment to residents. A key element of CEDS implementation is targeting growth in the 25-64 cohort that should include the rise of entrepreneurship leading to self-sufficiency.

However, as the community resumes the path of economic recovery, in spite of the severe repercussions of the COVID-19 pandemic, it is clear that many residents are not fully equipped to participate in opportunities created by a growing global economy. Many residents lack the postsecondary education and/or digital skills training required to compete for living wage jobs that pay enough to make housing affordable, and equity concerns fall disproportionately on minority residents. Inclusive economic development and broad-based prosperity are by no means challenges unique to our community, but lack of it will undermine the region’s long-term economic prospects and the City’s economy if not addressed in direct and deliberate ways.

This long-term economic recovery has been set back by the impacts of the COVID-19 Shelter in Place order which caused a majority of the businesses within the city, which provide the restaurant, health services, furniture, personal and home goods, clothing, and recreation for the larger community. The resulting erosion of individual business assets during the past two months, has negatively impacted existing businesses and made it even more difficult for the micro entrepreneur to get started. The barriers to business growth, including increased competition with seasoned businesses and the lack of access to capital, will make it more difficult for microentrepreneurs to succeed.

In late 2019, the Federal Reserve bank conducted an annual National Small Business Credit Survey for the purpose of determining how small businesses were planning to stay afloat during uncertain times. The survey, focusing on profitability, credit risk, and business funding, provided information indicating if a business was healthy (profitable, high credit scores, and used retained business earnings to fund the business), or stable, where the business met two of these criteria, or at risk, where the business only met one of the criteria. An important finding was that only one City of Ukiah
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2 in five healthy firms had sufficient cash reserves to continue normal operations if they experienced a two-month revenue loss. The survey found that 35% of the business survey were healthy, 35% were stable, and 23% were at risk.

Clearly, since more than two months have transpired since the Shelter in Place order has been in place, we can surmise that many of the stable firms now have a financial gap because their asset base has eroded. No cash flow for small non-essential businesses, especially small microenterprises, has created a financing gap that cannot be filled with conventual financing or further personal investment.

In spite of the availability of the SBA PPP and EIDL programs, recent Federal Deposit Insurance Corporation (FDIC) data suggests that the reduction of credit availability to small business is more profound than bigger businesses, which can borrow money in the capital markets, while small businesses are limited to credit that is provided by banks. Unfortunately, many local and regional banks are tightening up their lending criteria during the COVID-19 recovery period to mitigate their risk.

This means that credit score requirements will be higher, loan to value ratios will require higher security values, and secondary sources of repayment will receive a higher level of scrutiny. This lending environment, combined with more intense competition, will make it even more difficult to obtain capital for the microentrepreneur who is not prepared with a solid business plan, well thought out financial forecasts, and a support network capable of providing long term technical assistance as the business grows. In order to overcome these barriers, the City is proposing to operate a microenterprise training and support program.

Analysis of Past City CDBG Microenterprise Technical Assistance Program Model’s Responsiveness to Needs of Ukiah Microenterprises
The most recent Microenterprise Technical Assistance (META) program funded through a 2016 CDBG grant, City of Ukiah #16-CDBG-11147, was implemented through a traditional META programmatic model. This approach involves direct outreach to low- and moderate-income individuals through such marketing and outreach mediums as workshops, email blasts, and program referrals, with the intention of assisting microentrepreneurs on a 1-on-1 basis with business counseling services. This META model can be self-contained, meaning that the technical assistance is provided only within CDBG funding cycles with no long-term evaluation or tracking as to the effectiveness of the META in achieving job creation or retention.

Input received from Ukiah City Councilmembers, business owners, and economic development practitioners suggests the traditional META model, although insularly effective, often does not result in new business start-ups, expansions, or the sustaining of businesses currently in operation (job retention). One critical missing piece with the traditional model is a lack of connection with financing- both from CDBG Business Assistance programs and from local lending institutions. Technical assistance services connecting microentrepreneurs to financing, including the establishment of networks and contacts for prospective or existing microenterprise business owners, could be tremendously impactful in assisting microentrepreneurs be successful in their efforts.

Another component reducing the long-term effectiveness of the META in Ukiah is the lack of ongoing program evaluation and adjustment to respond to the potentially changing and varied needs of Ukiah microenterprises. Simply providing the same program over and over again without taking into account the needs and feedback from businesses about program City of Ukiah
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3 adjustments needed will in the long term not produce the intended impact. Just as businesses need to be nimble to a changing market environment, the City’s META program should be designed to be adaptive to the needs of microentrepreneurs.

How a Redesigned City of Ukiah Microenterprise Technical Assistance Program will Respond to the Needs of Ukiah Microenterprises
As indicated in the Background section of this analysis, access to capital will be key to microenterprises, especially as the Ukiah economy recovers from the COVID-19 pandemic.

With this in mind, the City designed its Request for Proposals for META program operators to reflect a priority and performance expectations related to the consultant connecting microenterprises to financial resources. Within their proposal, the selected consultant, Center for Economic Development, was responsive to this priority. It is expected that such a design change will be responsive to the needs of microentrepreneurs, leading to business start-ups and expansions, while also assisting existing microenterprises sustain current operations.

The City’s META program has also been designed to be responsive to the ongoing needs of microentrepreneurs. If feedback is received during implementation that the META is not effective, the program approach will be adjusted as needed.

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2019-20 CDBG APPLICATION

MICROENTERPRISE TECHNICAL ASSISTANCE PROGRAM
Description of Loan Underwriting and Servicing Documentation The City of Ukiah’s proposed Microenterprise Technical Assistance program involves no loans or other financial assistance to microenterprises. Instead, the City’s program involves providing technical assistance to entrepreneurs to connect them with resources, including financial assistance through private lenders and/or the City’s Business Assistance loan program. As such, the City does not have loan underwriting and servicing documentation for the Microenterprise Technical Assistance program.

The City has attached a copy of its CDBG Business Assistance program underwriting and servicing documentation.

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2019-2020 CDBG APPLICATION

BUSINESS ASSISTANCE PROGRAM
Underwriting Requirements Documentation
The City of Ukiah is proposing to utilize CDBG 2020 NOFA funds for the purpose of establishing a business assistance revolving loan fund. The purpose of the revolving loan fund is to provide flexible low interest forgivable loans to small and medium sized businesses in the City of Ukiah to offset the negative impacts of the COVID-19 Shelter in Place (SIP) order and to assist these businesses with financial recovery. The repayment schedule for each loan will be based on an analysis of the anticipated debt service capacity of the business during the COVID-19 recovery period.

Loan forgiveness will be based on the business retaining full time equivalent positions of which 51% are to be filled by members of low/moderate income households during the recovery period. Loan payments may be deferred for a period of time based on a month by month annual financial forecast of debt service capacity utilizing the required six HUD CDBG under writing criteria.

In addition to documenting that the project meets CDBG public benefit standard, the loan must also be documented as meeting six HUD CDBG underwriting standards, per federal regulation 24 CFR Part 570.483(e). These underwriting standards are required to document a minimum “due diligence” of the City and ensure projects are financially sound enough to meet public benefit and national objective job retention standards. The six underwriting standards are general, qualitative, and are supported in part by commercial underwriting standards defined below.

The Six Underwriting Standards are:
 project costs are documented as reasonable (typically, third party cost estimates);  all sources of funding for the project are documented with final commitments;  to the extent practicable, CDBG funds are not substituted for private (non-federal) funds;
 documentation that project is financially feasible (based on cash flow projections to support jobs and debt service, etc.);
 to the extent practicable, the return of the owner’s equity investment is not unreasonable (based on level of equity and proposed CDBG loan terms);  to the extent practicable, CDBG funds are disbursed on a pro-rata basis with other financing provided for the project.

Attachment 1
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A key element of this analysis will be a review of the past two years business tax returns, to determine past business viability, and a review of recent in house, bookkeeper, or CPA prepared, profit and loss and balance sheet statements measuring the impacts of the Shelter in Place order on the business. The next step will be the development of a month by month one-year financial forecast, based on the business history, combined with the evolving relaxation of the order on the business future cash flow. The forecast will determine the loan repayment and loan deferral schedule.

The loan fund design is based on meeting CDBG National Objective and Public Benefit requirements in the COVID-19 recovery period. It is based on the retention of jobs. It is also designed to complement existing local and regional lending activities by filling a gap in the availability of low interest, flexible business loans. The program will provide loan funds in cooperation with private lenders, including Umpqua Bank, Tri Counties Bank, Bank of the West, West America Bank, and Savings Bank of Mendocino County. These banks will provide referrals to the city loan fund operator. The nonprofit lenders, which include Mendocino Economic Development Finance Corporation, the Arcata Economic Development Corporation, and the SBA, will also provide referrals to the program. Our goal will be to arrange companion loans when possible to leverage other loan funds and extend the City loan program capacity to serve more businesses.

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2019-20 CDBG APPLICATION

MICROENTERPRISE TECHNICAL ASSISTANCE PROGRAM
Contract Description for Microenterprise Technical Assistance Program Operator Services Between City of Ukiah and Center for Economic Development Following the standards in 2 CFR 200, the City of Ukiah completed a competitive procurement for Microenterprise Technical Assistance program operator services; and the winning bidder was the Center for Economic Development.

At their August 5, 2020 regular meeting, the Ukiah City Council approved a conditional award of a contract to the Center for Economic Development for implementation of a future CDBG Microenterprise Technical Assistance services program. The contract award is contingent upon the City of Ukiah being awarded $150,500 in CDBG funds for the Microenterprise Technical Assistance program as part of its 2019-2020 CDBG application submittal.

The City’s policy is that contracts are not executed until they are ready to be implemented. In this case, the City will not proceed with the CDBG Microenterprise Technical Assistance program unless and until a CDBG grant award is received. Upon receiving notification from HCD of a grant award, the City will immediately execute the contract with Center for Economic Development. Given the normal processing time for HCD to produce and release a Standard Agreement, we are confident the contract will be fully executed by the time HCD releases the Authority to Use Grant Funds and the program is authorized to proceed.

The staff report for the August 5, 2020 Ukiah City Council approval of the contract with Center for Economic Development is attached as Attachment 1. The contract with Center for Economic Development, less start and ending dates and signatures, is attached as Attachment 2.

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Agenda Item No: 7.g.

MEETING DATE/TIME: 8/5/2020
ITEM NO: 2020-487

AGENDA SUMMARY REPORT
SUBJECT: Approval of Conditional Award of Contract to Center for Economic Development for Implementation of Community Development Block Grant (CDBG) Microenterprise Technical Assistance Services in the Amount of up to $140,000, and Authorize the City Manager to Negotiate and Execute Agreement.

DEPARTMENT: Community
Development PREPARED BY: Craig Schlatter, Community DevelopmentDirector PRESENTER: Consent Calendar
ATTACHMENTS:

1. RFP - CDBG META Program Op - Final

2. Center for Economic Development_City of Ukiah_Microenterprise Proposal

3. Proposal Evaluation Summary - MEA Operator
Summary: Council will consider conditionally awarding a contract to the Center for Economic Development for implementation of CDBG Microenterprise Technical Assistance services in the amount of up to $140,000.

Background: The Ukiah City Council approved Resolution No. 2020-20 on May 6, 2020, authorizing the submittal of applications for funding under the 2019-2020 funding year of the State Community Development Block Grant (CDBG) program. One of these applications was for a City of Ukiah Microenterprise Technical Assistance Program for up to $150,500, consisting of $140,000 for the microenterprise technical assistance activity and $10,500 for general administration. CDBG microenterprise technical assistance and business assistance applications are due to the Department of Housing and Community Development (HCD) by August 31, 2020.

During discussions with HCD representatives regarding the City's forthcoming applications, HCD representatives indicated that if the City would be procuring a consultant for implementation, the City would need to have this procurement completed and contract conditionally awarded prior to submitting the CDBG application.

CDBG microenterprise technical assistance services consist of such items as assisting a future microenterprise business owner on management development, preparation of business plans, cash flow, and preparation for financing. Such services also include connecting potential and existing microentrepreneurs to financing and other resources such that they can start up and/or expand their business. Defined by the CDBG program as "a commercial enterprise that has five or fewer employees, one or more of whom owns the enterprise," microenterprises range in type and capacity and represent a range of service providers and retail businesses. Because of the prevalence of existing and prospective new microenterprises in the Ukiah area, there is a need for a microenterprise technical assistance program that provides the services and expertise enabling these businesses to be successful- and that ultimately leads to job creation and retention.

Discussion: Staff revisited the Microenterprise program model that had been deployed in 2018-2019 through a 2016 CDBG Microenterprise grant and found a potential area of weakness to be that there was no direct connection of the microentrepreneur with financial and other resources, including the City's CDBG Business Attachment 1
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Assistance program. A Request for Proposals (RFP) that was developed for a Microenterprise Technical Assistance services provider thus requested respondents incorporate this aspect into their program design.

The RFP (Attachment 1) was issued on June 22, 2020, with proposals due July 23, 2020.

Two proposals were received in response to the City's RFP, and the proposal receiving a recommendation from the City's evaluation committee (Attachment 2) for conditional contract award was the Center for Economic Development (CED), in partnership with Morrison and the Economic Development and Financing Corporation (EDFC). Please see Attachment 3 for the Evaluation Summary for both proposals.

Because the City has not yet been awarded funding through CDBG for the new microenterprise technical assistance services program, Staff recommends Council approve an award to the Center for Economic Development, conditional upon the City receiving a CDBG grant for this activity, and authorize the City Manager to negotiate and execute an agreement for the work.

Recommended Action: Approve award of contract to the Center for Economic Development for implementation of CDBG Microenterprise Technical Assistance Services in the Amount of up to $140,000, conditioned upon the City's CDBG Microenterprise Technical Assistance Services application receiving an award of funding under the 2019-2020 CDBG Notice of Funding Availability, and authorize the City Manager to negotiate and execute agreement.

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

COORDINATED WITH: Mary Horger, Financial Services Manager City of Ukiah
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PROFESSIONAL CONSULTING SERVICES
This Agreement, made and entered into this day of , 2020 (“Effective Date”), by and between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City" and The Center for Economic Development, a not for profit organization, organized and in good standing under the laws of the state of California, hereinafter referred to as "Consultant".

RECITALS
This Agreement is predicated on the following facts:
a. City requires consulting services related to providing program operator services for its Microenterprise Technical Assistance Services Program, funded by Community Development Block Grant (CDBG) #20-CDBG-_________.
b. Consultant represents that it has the qualifications, skills, experience and properly licensed to provide these services, and is willing to provide them according to the terms of this Agreement.
c. City and Consultant agree upon the Scope-of-Work and Work Schedule attached hereto as Attachment "1", describing contract provisions for the project and setting forth the completion dates for the various services to be provided pursuant to this Agreement.

TERMS OF AGREEMENT

1.0 DESCRIPTION OF PROJECT

1.1 The Project is described in detail in the attached Scope-of-Work (Attachment "1").

2.0 SCOPE OF SERVICES

2.1 As set forth in Attachment "1".

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

3.0 CONDUCT OF WORK

3.1 Time of Completion. Consultant shall commence performance of services as required by the Scope-of-Work upon receipt of a Notice to Proceed from City and shall complete such services by September 30, 2021. The term of this agreement may be extended an additional year, for a total of five (5) additional years, upon written approval by the City of Ukiah. Consultant shall complete the work to the City’s reasonable satisfaction, even if contract disputes arise or Consultant contends it is entitled to further compensation.

4.0 COMPENSATION FOR SERVICES

4.1 Basis for Compensation. For the performance of the professional services of this Agreement, Consultant shall be compensated on a time and expense basis not to Attachment 2
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exceed a guaranteed maximum dollar amount of $140,000. Labor charges shall be based upon hourly billing rates for the various classifications of personnel employed by Consultant to perform the Scope of Work as set forth in the attached Attachment 1, which shall include all indirect costs and expenses of every kind or nature, except direct expenses. The direct expenses and the fees to be charged for same shall be as set forth in Attachment 2. Consultant shall complete the Scope of Work for the not-toexceed guaranteed maximum, even if actual time and expenses exceed that amount.

4.2 Changes. Should changes in compensation be required because of changes to the Scope-of-Work of this Agreement, the parties shall agree in writing to any changes in compensation. "Changes to the Scope-of-Work" means different activities than those described in Attachment “1” and not additional time to complete those activities than the parties anticipated on the date they entered this Agreement.

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

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

5.0 ASSURANCES OF CONSULTANT

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

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

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

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

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

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

6.0 INDEMNIFICATION

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

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

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

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

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

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

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

1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the City of Ukiah
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general aggregate limit shall apply separately to the work performed under this Agreement, or the aggregate limit shall be twice the prescribed per occurrence limit.

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

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

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

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

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

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

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d. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

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

3. Professional Liability Coverage
If written on a claims-made basis, the retroactivity date shall be the effective date of this Agreement. The policy period shall extend through the duration of the project.

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

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

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

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

G. Subcontractors
Consultant shall include all subcontractors or sub-consultants as insured under its policies or shall furnish separate certificates and endorsements for each subCity of Ukiah 20 -CDBG-12057

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contractor or sub-consultant. All coverage for sub-contractors or sub-consultants shall be subject to all insurance requirements set forth in this Paragraph 6.1.

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

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

7.0 APPLICABLE STATE/FEDERAL GRANT PROVISIONS

7.1 Equal Opportunity.

1. The Civil Rights, Housing and Community Development, and Age Discrimination Acts Assurances
During the performance of this Agreement, the Consultant assures that no otherwise qualified person shall be excluded from the participation or employment, denied program benefits, or be subjected to discrimination based on race, color, national origin, sex, age, or handicap, under any program or activity funded by this contract, as required by Title VI of the Civil Rights Act of 1964, Title I of the Housing and Community Development Act of 1974, as amended, and the Age Discrimination Act of 1975, the Fair Housing Act of 1988, and all implementing regulations.

2. Rehabilitation Act of 1973 and the “504 Coordinator” The Consultant agrees to comply with the City’s implementation of the Rehabilitation Act of 1973, as amended, and its regulations, 24 CFR Part 8, including, but not limited to, the local designation of a special person charged with local enforcement of this Act, as the “504 Coordinator”.

3. The Training, Employment, and Contracting Opportunities Assurance of Compliance:
a. The work to be performed under this Agreement is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment City of Ukiah
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be given lower income residents of the project area and contracts for Work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. b. The parties to this Agreement will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability, which would prevent them from complying with these requirements. c. The Consultant will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advertising the said labor organization or worker's representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. d. The Consultant will include these Section 3 clauses in every contract and subcontract for Work in connection with the project and will, at the direction of the State, take appropriate action pursuant to the contract upon a finding that any subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135 and, will not let any contract unless the Consultant has first provided it with a preliminary statement of ability to comply with the requirements of these regulations.
e. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the Agreement shall be a condition of the federal financial assistance provided to the project, binding upon the Consultant and its successors, and assigns to those sanctions specified by the grant or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135.

4. State Nondiscrimination Clause:
a. During the performance of this contract, City, and Consultant shall not unlawfully discriminate, harass, or allow harassment, against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition (cancer), physical disability (including HIV and AIDS), marital status, age (over 40), sex, denial of family and medical leave, and denial of pregnancy leave. Consultant shall insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination and harassment. Consultant shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7258.0 et seq.) The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990(a-f), set forth in Chapter 5, of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this agreement by reference and made a part hereof as if set forth in full. City, Consultant shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

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b. City and Consultant shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract.

5. Americans with Disabilities Act (ADA) of 1990
By signing this agreement, the parties to this agreement assure the State that they will comply with the Americans with Disabilities Act (ADA) of 1990, (42 USC 12101 et seq.), which prohibits discrimination on the basis of disability as well as all applicable regulations and guidelines issued pursuant to the ADA.

6. Assurance of Compliance with Requirements Placed on Construction Contracts of $10,000 or More
The City and the Consultant hereby agree to place in every contract for construction exceeding $10,000 the Notice of Requirement for Affirmative Action to ensure Equal Employment Opportunity (Executive Order 11246), the Standard Equal Employment Opportunity, Construction Contract Specifications. The City furthermore agrees to insert the appropriate Goals and Timetables issued by the U.S. Department of Labor in such contracts and subcontracts.

7.2 Monitoring and Audit. Consultant agrees to allow the Housing and Community Development Department, Bureau of State Audits, HUD, or other State or federal agencies or their representatives, upon reasonable notice, unrestricted access to all relevant records, documents, books, accounts, and all other materials for grant monitoring or auditing purposes, including the monitoring for conformity with any Grant Agreement. City will monitor for conformity with its State contract.

7.3 Copeland Act. Consultant shall comply with the Copeland "Anti-Kickback" Act (18 U.S.C. §874) as supplemented in Department of Labor regulations (29 CFR Part 3).

7.4 Copyright. Any documents furnished by City or produced by Contractor in the performance of this Contract belong to City which shall own any and all intellectual property and copyrights thereto. Any discovery or invention developed by City or Consultant in the performance of this Contract shall belong to City which shall have the exclusive right to seek patent protection therefor.

7.5 Access to Records. Consultant shall provide City, the U.S. Department of Housing and Urban Development (“HUD”), the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the Consultant which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions.

7.6 Retention of Records. Consultant shall retain all records related to its performance under
this Agreement and City’s payments hereunder for five years after final payment has been made hereunder and all other pending matters are closed.

7.7. Environmental Compliance. Consultant shall comply with all applicable standards, City of Ukiah
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orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. §1857(h)), section 508 of the Clean Water Act (33 U.S.C.§1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15).

7.8. Energy Efficiency. Consultant shall comply with all mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. Law 94-163, 89 Stat. 871).

7.9. Anti-lobbying Requirements. The anti-lobbying certification attached hereto as Exhibit 1 is a material representation of fact upon which the City has relied in entering this agreement.

8.0 CONTRACT PROVISIONS

8.1 Ownership of Work. All documents furnished to Consultant by City and all documents or reports and supportive data prepared by Consultant under this Agreement are owned and become the property of the City upon their creation and shall be given to City immediately upon demand and at the completion of Consultant's services at no additional cost to City. Deliverables are identified in the Scope-of-Work, Attachment “1”.

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

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

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

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

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

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

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

8.8 Termination. This Agreement may only be terminated by either party: 1) for breach of the Agreement; 2) because funds are no longer available to pay Consultant for services provided under this Agreement; or 3) City has abandoned and does not wish to complete the project for which Consultant was retained. A party shall notify the other party of any City of Ukiah
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alleged breach of the Agreement and of the action required to cure the breach. If the breaching party fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time. If terminated for lack of funds or abandonment of the project, the contract shall terminate on the date notice of termination is given to Consultant. City shall pay the Consultant only for services performed and expenses incurred as of the effective termination date. In such event, as a condition to payment, Consultant shall provide to City all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Consultant under this Agreement. Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder, subject to off-set for any direct or consequential damages City may incur as a result of Consultant's breach of contract.

8.9 Duplicate Originals. This Agreement may be executed in duplicate originals, each bearing the original signature of the parties. When so signed, each such document shall be admissible in administrative or judicial proceedings as proof of the terms of the Agreement between the parties.

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

CITY OF UKIAH CENTER FOR ECONOMIC DEVELOPMENT
DEPT. OF COMMUNITY DEVELOPMENT JASON SCHWENKLER, EXECUTIVE DIRECTOR 300 SEMINARY AVE. 35 MAIN STREET, SUITE 203
UKIAH, CA 95482 CHICO, CALIFORNIA 95928

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

CENTER FOR ECONOMIC DEVELOPMENT
BY: __________________________ ____________________
JASON SCHWENKLER Date

EXECUTIVE DIRECTOR
__________________
IRS IDN Number

CITY OF UKIAH
BY: ____________________
SAGE SANGIACOMO Date

CITY MANAGER
ATTEST
____________________
KRISTINE LAWLER Date

CITY CLERK
City of Ukiah
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COU #2021-103
CDBG MicroenterpriseTA.ProfSvcsAgreement- 2020 11
ATTACHMENT 1

SCOPE OF WORK
The scope of services shall include tasks described below:

Task A: Marketing and Outreach
Deliverables:

1. Development of marketing materials (flyers, social media, web site, press releases) – October 1-31, 2020

2. Marketing and Outreach – October 1, 2020 – September 30, 2021

Task B: Business Eligibility Screening – (November 1, 2020 – September 30, 2021) Deliverables:

1. Review businesses on a first-come basis

2. Assess income and microenterprise eligibility including completion of required forms

3. Evaluate business readiness
Task C: Identify Business Needs– (November 1, 2020 – September 30, 2021) Deliverables:

1. Create business development plan with schedule and activities

2. Determine team member to implement development plan and timeline

3. Determine indicators for tracking

4. Work with business to accomplish deliverables
Task D: Business Technical Assistance – (November 1, 2020 – September 30, 2021) Deliverables:

1. Implement development plan

2. Assess progress and effectiveness of technical assistance

3. Evaluate outcomes – job creation and number of businesses formed for grant reporting and program monitoring
Task E: Identify Workshop Demand – (November 1, 2020 – September 30, 2021) Deliverables:

1. Determine similar needs shared by multiple businesses for coordination of workshops

2. Develop workshop content
Task F: Program Administration – (November 1, 2020 – September 30, 2021) Deliverables:

1. Provide required data and information for grant reporting and program monitoring to City staff in a timely manner

2. Coordinate with City staff to ensure timely submittal of all data, reports and cash requests associated with the program

3. Assist with close out of program and any program monitoring upon completion City of Ukiah
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COU #2021-103
CDBG MicroenterpriseTA.ProfSvcsAgreement- 2020 12
ATTACHMENT 2

FEE SCHEDULE
The Center for Economic Development will spend between 20 and 40 hours with each business client depending on the services needed. This will be a cost of approximately $2,500 to $5,000 per participant.

Morrison will spend up to 40 hours of direct technical assistance with each participant that needs financial and accounting assistance. This will be a cost of $9,000 per participant.

Combined, The Center for Economic Development and Morrison will serve up to 20 clients but may be adjusted as the budget allows.

Tasks Fixed Fee Per Task
Task A: Marketing and Outreach $10,000
Task B: Business Eligibility Screening $121,800
Task C: Identify Business Needs
Task D: Business Technical Assistance
Task E: Identify Workshop Demand $2,500
Task F: Program Administration $5,700
Total Budget $140,000
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COU #2021-103
CDBG MicroenterpriseTA.ProfSvcsAgreement- 2020 13
ATTACHMENT 3
Anti-Lobbying Certification
The undersigned certifies to the best of his or her knowledge or belief that:
a. No Federal appropriated funds have been paid, or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress, in connection with the awarding of any Federal Contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension of continuation, renewal, amendment or modification of any Federal contract, grant loan, or cooperative agreement; b. If any funds other the Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form -LLL, “Disclosure Form to Report Lobbying” in accordance with its instructions.

DATED: ____________________________________
Name: Jason Schwenkler
Title: Executive Director
Center for Economic Development
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SAM Search Results
List of records matching your search for :

Search Term : Chico State Enterprises*
Record Status: Active
ENTITY Chico State Enterprises Status: Active
DUNS: 612177162 +4: CAGE Code: 1BJC5 DoDAAC:

Expiration Date: 12/03/2020 Has Active Exclusion?: No Debt Subject to Offset?: No Address: 25 Main St Unit 203
City: Chico State/Province: CALIFORNIA
ZIP Code: 95928-5388 Country: UNITED STATES
August 22, 2020 2:54 PM https://www.sam.gov Page 1of 1
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SAM Search Results
List of records matching your search for :

Record Status: Active
DUNS Number: 943372839
ENTITY Economic Development And Financing Corporation Status: Active DUNS: 943372839 +4: CAGE Code: 5NMG8 DoDAAC:

Expiration Date: 01/01/2021 Has Active Exclusion?: No Debt Subject to Offset?: No Address: 208 B South Oak St.

City: Ukiah State/Province: CALIFORNIA
ZIP Code: 95482-4841 Country: UNITED STATES
August 22, 2020 2:50 PM https://www.sam.gov Page 1of 1
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9/18/2020 System for Award Management
https://sam.gov/SAM/pages/public/entitySearch/entitySearchEntityOverview.jsf 1/1 Craig Schlatter Log Out
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MORRISON & COMPANY CONSULTING, INC.

DUNS: 068070756 CAGE Code: 74WN8
Status: Active
10 LANDING CIR # 5
CHICO, CA, 95973-6901 ,

UNITED STATES
Entity Registration Summary
Name: MORRISON & COMPANY CONSULTING, INC.

Business Type: Business or Organization
Last Updated By: Toni Scott
Registration Status: Active
Activation Date: 09/16/2020
Expiration Date: 09/16/2021
Exclusion Summary
Active Exclusion Records? No
Expiration Date: 09/16/2021
Purpose of Registration: Federal Assistance Awards Only Entity Overview
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8/22/2020 View Details - Entity Overview | System for Award Management https://sam.gov/SAM/pages/public/entitySearch/entitySearchEntityOverview.jsf 1/1 IBM-P-20200814-1154
WWW8
Search Records
Data Access
Check Status
About
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Accessibility
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ALERT: SAM.gov will be down for scheduled maintenance Saturday, 09/12/2020 from 8:00 AM to 1:00 PM.

ALERT: CAGE is experiencing intermittent service interruptions. SAM registrants may encounter an error validating a CAGE Code. If this happens, please try again later.

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This is a U.S. General Services Administration Federal Government computer system that is "FOR OFFICIAL USE ONLY." This system is subject to monitoring. Individuals found performing unauthorized activities are subject to disciplinary action including criminal prosecution.

Login.gov FAQs
A NEW WAY TO SIGN IN - If you already have
a SAM account, use your SAM email for login.gov. Log In Ukiah, City Of
DUNS: 074642893 CAGE Code: 1WGX8
Status: Active
300 Seminary Ave
Ukiah, CA, 95482-5400 ,

UNITED STATES
Entity Registration Summary
Name: Ukiah, City Of
Business Type: US Local Government
Last Updated By: Greg Owen
Registration Status: Active
Activation Date: 08/04/2020
Expiration Date: 08/04/2021
Exclusion Summary
Active Exclusion Records? No
Expiration Date: 08/04/2021
Purpose of Registration: Federal Assistance Awards Only Entity Overview
City of Ukiah
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APPENDIX J 1
Department of Housing & Community Development
Revised 1/13/2020 2020 CDBG NOFA
Appendix J: 2020 CDBG Application Certifications and Statement of Assurances
Complete and fully execute the attached 2020 CDBG Application Certifications and Statement of Assurances. The executed statement must be uploaded as a threshold document in the application. The document may not be modified.

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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF FINANCIAL ASSISTANCE
2020 W. El Camino Avenue, Suite 200
Sacramento, CA 95833
(855) 333-CDBG (2324)/ FAX (916) 263-2763
www.hcd.ca.gov
Department of Housing and Community Development 2020 CDBG NOFA Revised 1/15/2020
2020 CDBG Application Certifications and Statement of
Assurances
The CITY OF UKIAH, herby certifies the following:

1. Legal Authority:

It possesses the legal authority to apply for and execute the proposed activity(s) in the application.

2. Application Authorization:

Its governing body has duly adopted or passes as an official act or resolution, motion, or similar action authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the applicant’s chief executive officer or other designee to act in connection with the application and to provide such additional information as may be required.

3. Citizen Participation:

It has or will comply with all citizen participation requirements, which include, at a minimum, the following components:

A. Provides for and encourages citizen participation, with particular emphasis on participation by persons of low and moderate income who are residents of slum and blight areas and of areas in which CDBG funds are proposed to be used, and provides for participation of residents in low- and moderate-income neighborhoods as defined by the local jurisdiction – and B. Provides citizens with reasonable ADA compliant and timely access to local meetings, information, and records relating to the grantee's proposed use of funds, as required by CDBG regulations, and relating to the actual use of funds under this title – and
C. Provides for technical assistance to groups representative of persons of low and moderate income that request such assistance in developing proposals with the level and type of assistance to be determined by the grantee – and
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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF FINANCIAL ASSISTANCE
2020 W. El Camino Avenue, Suite 200
Sacramento, CA 95833
(855) 333-CDBG (2324)/ FAX (916) 263-2763
www.hcd.ca.gov
Department of Housing and Community Development 2020 CDBG NOFA Revised 1/15/2020
D. Provides for public hearings to obtain citizen views and to respond to proposals and questions at all stages of the community development program. These include at least the development of needs, the review of proposed activities, and review of program performance, which hearings shall be held after adequate notice, at times and locations convenient to potential or actual beneficiaries and with accommodation for the handicapped. This shall include one public meeting during the program design, annual performance report preparation, and formal amendments.

A public hearing shall be conducted prior to application submittal – and E. Solicits and provides for a timely written answer to written complaints and grievances, within 15 working days where practicable – and F. Identifies needs of limited-English speaking residents will be met in the case of public hearings where limited-English speaking residents can reasonably be expected to participate.

4. National Objective:

It has developed its CDBG Program so as to primarily benefit targeted income person and households and each activity in the program meets one of the three national objectives: benefit to low-and moderate-income persons, elimination of slums and blight, or meets an urgent community need (with prior Department approval) certified by the grantee as such.

5. NEPA Environmental Review:

It consents to assume, and hereby assumes the responsibilities for environmental review and decision-making in order to ensure timely compliance with NEPA by following the procedures for recipients of block grant funds as set forth in 24 CFR Part 58, titled "Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities." Also included in this requirement is compliance with Executive Order 11988 relating to the evaluation of flood hazards, Section 102(a) of the Flood Disaster Protection Act of 1973 (Public Law 93-234) regarding purchase of flood insurance, and the National Historic Preservation Act of 1966 (16 USC 470) and implementing regulations (36 CFR §800.8).

6. Audit/Performance Findings:
. It certifies that the State Controller’s Office (SCO) was in receipt of its complete Singe Audit Package by the NOFA application due date, or certifies that is exempt from the Single Audit requirements set forth in 2 CFR Part 200.

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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF FINANCIAL ASSISTANCE
2020 W. El Camino Avenue, Suite 200
Sacramento, CA 95833
(855) 333-CDBG (2324)/ FAX (916) 263-2763
www.hcd.ca.gov
Department of Housing and Community Development 2020 CDBG NOFA Revised 1/15/2020

7. Growth Control:

It certifies that there is no plan, ordinance, or other measure in effect which directly limits, by number, the building permits that may be issued for residential construction or the buildable lots which may be developed for residential purposes; or if such a plan, ordinance, or measure is in effect, it will either be rescinded before receiving funds, or it need not be rescinded because it:

A. Imposes a moratorium on residential construction, to protect health and safety, for a specified period of time which will end when health and safety is no longer jeopardized; or,
B. Creates agricultural preserves under Chapter 7 (commencing with Section 51200) of Part 2 of Division 1 of Title 5 of the Government Code; or, C. Was adopted pursuant to a specific requirement of a State or multi-State board, agency, department, or commission; or,
D. The applicant has an adopted housing element which the Department has found to be in compliance, unless a final order has been used by a court in which the court determined that it is not in compliance with Article 10.6 of Chapter 3 of Division 1 of Title 7 of the Government Code, commencing with section 65580.

8. Uniform Administrative Requirements:

It will comply with the regulations, policies, guidelines and requirements of 2 CFR Part 200 and 24 CFR Part 85 and the CDBG Program Guidelines.

9. Nondiscrimination:

It shall comply with the following regarding nondiscrimination laws and practices as may be amended from time to time:

A. Title VI of the Civil Rights Act of 1964 (Public Law 88-352).

B. Title VIII of the Civil Rights Act of 1968 (Public Law 90-284) as amended; and will administer all programs and activities related to housing and community development in a manner affirmatively furthering fair housing.

C. Section 109 of the Housing and Community Development Act of 1974, as amended.

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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF FINANCIAL ASSISTANCE
2020 W. El Camino Avenue, Suite 200
Sacramento, CA 95833
(855) 333-CDBG (2324)/ FAX (916) 263-2763
www.hcd.ca.gov
Department of Housing and Community Development 2020 CDBG NOFA Revised 1/15/2020
D. Section 3 of the Housing and Urban Development Act of 1968, as amended.

E. Executive Order 11246, as amended by Executive Orders 11375 and 12086.

F. Executive Order 11063, as amended by Executive Order 12259.

G. Section 504 of the Rehabilitation Act of 1973 (Public Law 93-112), as amended, and implementing regulations.

H. The Age Discrimination Act of 1975 (Public Law 94-135).

10. Anti-Displacement/Relocation:

It will comply with the Federal Relocation Act (42 U.S.C. 4601 et seq.).

11. Labor Standards:

It will comply with the following regarding labor standards as may be amended from time to time:

A. Section 110 of the Housing and Community Development Act of 1974, as amended.

B. Section 1720, et seq. of the California Labor Code regarding public works labor standards.

C. Davis-Bacon and Related Acts as amended (40 U.S.C. §276(a)) regarding the payment of prevailing wage rates.

D. Contract Work Hours and Safety Standards Act (40 U.S.C. §3702) regarding overtime compensation.

E. Anti-Kickback Act of 1934 (41 U.S.C. §51-58) prohibiting "kickbacks" of wages in federally assisted construction activities.

12. Architectural Barriers:

It will comply with the Architectural Barriers Act of 1968 (42 U.S.C. §4151 et seq.) and implementing regulations (24 CFR Parts 40-41)

13. Conflict of Interest:

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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF FINANCIAL ASSISTANCE
2020 W. El Camino Avenue, Suite 200
Sacramento, CA 95833
(855) 333-CDBG (2324)/ FAX (916) 263-2763
www.hcd.ca.gov
Department of Housing and Community Development 2020 CDBG NOFA Revised 1/15/2020
It will enforce standards for conflicts of interest which govern the performance of their officers, employees, or agents engaged in the award and administration, in whole or in part, of State CDBG grant funds (24 CFR §570.611).

14. Limitations on Political Activities:

It will comply with the Hatch Act (5 U.S.C. §1501, et seq.) regarding political activity of employees.

15. Lead Based Paint:

It will comply with the Lead-Based Paint Regulations (24 CFR Part 35) which prohibit the use of lead-based paint on projects funded by the program.

16. Debarred Contractors:

It certifies that neither the applicant or its staff are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in federal assistance programs, in any proposal submitted in connection with the CDBG program, per the Excluded Party List System located at https://www.sam.gov/SAM/. In addition, the applicant will not award contracts to or otherwise engage the services of any contractor while that contractor (or its principals) is debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation from the covered transaction, in any proposal submitted in connection with the CDBG program under the provisions of 24 CFR Part 24.

17. Inspection of Grant Activities:

It will give HUD, the Comptroller General, the State Department of Housing and Community Development, or any of their authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant.

18. Cost Recovery:

It will not attempt to recover any capital costs of public improvements assisted in whole or part with CDBG funds by assessing any amount against properties owned and occupied by persons of low- and moderate-income including any fee charged or assessment made as a condition of obtaining access to such public improvements, unless:

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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF FINANCIAL ASSISTANCE
2020 W. El Camino Avenue, Suite 200
Sacramento, CA 95833
(855) 333-CDBG (2324)/ FAX (916) 263-2763
www.hcd.ca.gov
Department of Housing and Community Development 2020 CDBG NOFA Revised 1/15/2020
A. CDBG funds received are used to pay the proportion of such fee or assessment that relates to the capital costs of public improvements that are financed from revenue sources other than CDBG funds; or B. For purposes of assisting any amount against properties owned and occupied by persons of low- and moderate-income who are not persons of very low income, that it lacks sufficient funds received from CDBG Program to comply with the requirements of this clause.

19. Procurement:

It will follow the federal procurement policies per 24 CFR §200.317 et seq.

20. Excessive Force:

It will adopt and enforce policies:

A. Prohibiting the use of excessive force by its law enforcement agencies against individuals engaged in non-violent civil rights demonstrations; and, B. Enforcing applicable State and local law against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstration within its jurisdiction.

21. Anti-Lobbying:

A. It certifies and agrees that no federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

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

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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF FINANCIAL ASSISTANCE
2020 W. El Camino Avenue, Suite 200
Sacramento, CA 95833
(855) 333-CDBG (2324)/ FAX (916) 263-2763
www.hcd.ca.gov
Department of Housing and Community Development 2020 CDBG NOFA Revised 1/15/2020

22. Compliance with Laws:

The jurisdiction will comply with all applicable laws, rules, and regulations governing the activities being applied for herein.

I hereby certify under penalty of perjury that all information contained in this Statement of Assurances (including all supporting documentation) is true and correct. I understand and acknowledge that making false statements on this certification, including any documents submitted in support of it, is a crime under federal and California state laws, which may result in criminal prosecution and fines.

Sage Sangiacomo
Printed Name of Authorized Representative (per the Resolution) ________________________ City Manager 5/11/20
Signature Title Date
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Legal No.

Ukiah Daily Journal
617 S. State St
Ukiah, California 95482
(707) 468-3500
[email protected]
I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer of the Ukiah Daily Journal, a newspaper of general circulation, printed and published daily in the City of Ukiah, County of Mendocino and which newspaper has been adjudged a newspaper of
general circulation by the Superior Court of the County of Mendocino, State of California, under the date of
September 22, 1952, Case Number 9267; that the notice,
of which the annexed is a printed copy (set in type not smaller than non-pareil), has been published in each
regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit:
04/25/2020
I certify (or declare) under the penalty of perjury that the foregoing is true and correct.

Dated at Ukiah, California,
May 5th, 2020

PROOF OF PUBLICATION
(2015.5 C.C.P.)

STATE OF CALIFORNIA

COUNTY OF MENDOCINO
Molly E. Lane, LEGAL CLERK
0006480277
2117148

CITY OF UKIAH
ATTN: ACCOUNTS PAYABLE
300 SEMINARY AVE
UKIAH, CA 95482
r.BP16-07/12/17 1
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Legal No.

Ukiah Daily Journal
617 S. State St
Ukiah, California 95482
(707) 468-3500
[email protected]
I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer of the Ukiah Daily Journal, a newspaper of general circulation, printed and published daily in the City of Ukiah, County of Mendocino and which newspaper has been adjudged a newspaper of
general circulation by the Superior Court of the County of Mendocino, State of California, under the date of
September 22, 1952, Case Number 9267; that the notice,
of which the annexed is a printed copy (set in type not smaller than non-pareil), has been published in each
regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit:
02/11/2020
I certify (or declare) under the penalty of perjury that the foregoing is true and correct.

Dated at Ukiah, California,
March 26th, 2020

PROOF OF PUBLICATION
(2015.5 C.C.P.)

STATE OF CALIFORNIA

COUNTY OF MENDOCINO
Molly E. Lane, LEGAL CLERK
0006456257
2117148

CITY OF UKIAH
ATTN: ACCOUNTS PAYABLE
300 SEMINARY AVE
UKIAH, CA 95482
r.BP16-07/12/17 1
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r.BP16-07/12/17 2
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2019-20 CDBG APPLICATION

MICROENTERPRISE TECHNICAL ASSISTANCE PROGRAM
Description of Application Submittal Public Hearing
The Ukiah City Council conducted an application submittal public hearing on May 6, 2020, with the meeting publicly noticed on April 25, 2020. At the public hearing, the City Council received a report from staff on possible applications to be submitted under the 2019-2020 CDBG NOFAthen adopted a resolution to submit five applications, including the City of Ukiah Microenterprise Technical Assistance Program. No members of the public commented during the public hearing, nor were any written comments received.

Copies of the agenda and staff report for the May 6, 2020 public hearing are attached. Due to the COVID-19 shelter in place order, the public hearing was held via virtual meeting, a recording of which is available at this web address: www.cityofukiah.com/meetings.

After NOFA Amendment #2 was released by HCD, on August 5, 2020, the Ukiah City Council adopted an amendment to the application submittal resolution, which was originally numbered 2020-20. The amended resolution, No. 2020-43, revised the Business Assistance funding amounts and committed additional anticipated CDBG Program Income. It did not alter the funding requested for the CDBG Microenterprise Technical Assistance program. This amended resolution is included as an attachment to this application and to the City’s Business Assistance application.

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Agenda Item No: 11.c.

MEETING DATE/TIME: 5/6/2020
ITEM NO: 2020-380

AGENDA SUMMARY REPORT
SUBJECT: Conduct a Public Hearing to Consider Adoption of a Resolution Authorizing Submittal of One or More 2020 State Community Development Block Grant Applications; and Approve Corresponding Budget Amendments if Awarded the Grant(s).

DEPARTMENT: Community
Development PREPARED BY: Craig Schlatter, Community Development Director PRESENTER: Craig Schlatter, Community Development
Director
ATTACHMENTS:

1. 2020 State CDBG NOFA

2. 2020 State CDBG NOFA Amendment - 4-3-20

3. 2019-CDBG-Income-Limits

4. City of Ukiah Design Phase Public Hearing Publication

5. 2019-20 City of Ukiah CDBG local application

6. Resolution- 2020 State CDBG Application
Summary: Council will conduct a public hearing to consider and possibly adopt a resolution authorizing the submittal of up to five 2020 State Community Development Block Grant applications for community and economic development activities in Ukiah.

Background: The State Department of Housing and Community Development (HCD) released the 2019-2020 Community Development Block Grant (CDBG) Notice of Funding Availability (NOFA; Attachment 1) on January 21, 2020. An amendment (Attachment 2) to the January 21, 2019-20 NOFA was released by HCD on April 3, 2020 to provide additional time for jurisdictions to submit applications and to ease threshold requirements related to Housing Element compliance. The City is eligible to apply for the 2019-20 funding round because its Housing Element has been adopted and is in full compliance with State Housing Element law and the City has expended at least 50 percent of its 16-CDBG-11147 award.

State CDBG Citizen Participation regulations require a design phase public hearing to initiate the annual CDBG funding cycle. Staff conducted a design phase public hearing on February 21, 2020. Regulations also require a public hearing to adopt a resolution authorizing submittal of applications to HCD. That is the purpose of this public hearing.

Background on 2019-20 CDBG NOFA ("2020 NOFA")
This 2020 NOFA is the result of a two-year CDBG program redesign collaboration between small cities and counties and HCD, of which the goal was to remove barriers for applicants to apply for, and expend, CDBG funds. As a result of this effort, the 2020 NOFA has several changes compared to past NOFAs, of which according to HCD the two most significant are: 1) the addition of an Over-the-Counter (OTC) application process for capital construction projects (OTC means the first complete and eligible applications received will be the first to be reviewed and awarded, provided the application is complete and meets all of the program

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eligibility criteria); and 2) the implementation of the new eCivis Grants Management System (GMS), which allows applicants to apply for CDBG funding online and tracks the status of applications once submitted.

Other items of note within the 2020 NOFA include the following:

1. With approximately $60 million available to small cities and counties statewide, this is one of the largest funding rounds within the past 10 years. Funding is allocated between Community Development, Housing, and Economic Development activities as follows:
o 30%, or approximately $18 million, allocated to Economic Development (ED) activities- $5.4 million for ED competitive programs and $12.6 million for ED OTC projects. o 51%, or approximately $30.6 million, allocated to housing assistance, housing-related facilities, and housing-related infrastructure- $5.5 million for housing assistance competitive programs, $12.5 million for multifamily housing rehabilitation and infrastructure in support of housing projects, and $12.6 million for housing related planning, public services, and public facilities out of the Community Development (CD) allocation.
o The additional 19% of the allocation to be split among special allocations- Colonias and Nonfederally recognized tribes and planning and administration. Approximately $6 million is available for planning awards.

2. Jurisdictions are eligible to apply for up to six (6) separate applications under the 2020 NOFA.

Each application must have a unique activity with a complete budget, national objective, scope of work, and milestone timeline.

3. The maximum total grant award for the cumulative total of applications submitted by the jurisdiction cannot exceed $3.5 million. This maximum does not include any CDBG Program Income committed to activities.

4. Although OTC capital applications are noncompetitive, they must meet "threshold" requirements to be awarded CDBG funds. Additionally, OTC projects must be "shovel-ready," able to go to bid within 90 days of execution of the standard agreement, or the award will be cancelled.

5. All CDBG activities must meet one of three National Objectives: 1) benefit to Low and Moderate Income (LMI) persons; 2) prevention or elimination of slums or blight; or 3) urgent need. The most commonly used National Objective is benefit to LMI persons. The LMI income limit is set annually by the U.S. Department of Housing and Urban Development (HUD) as 80% or less of the Area Median Income by household size. The most recent income limits for Mendocino County are attached (Page 2 of Attachment 3).

City of Ukiah Local Application Process
The City has developed a local application process to both inform stakeholders and potential applicants of the CDBG NOFA and to establish a fair process by which local applicants can be considered for a possible City CDBG application submitted to the State. On February 11, 2020, the City published a public notice in the Ukiah Daily Journal (Attachment 4) announcing the public meeting and describing the 2020 NOFA. Staff also emailed local stakeholders about the meeting. On February 21, 2020, Staff met with local stakeholders and other City staff to discuss the 2020 NOFA and City's local application process. Staff also distributed the City's Local Application (Attachment 5), which mirrors application threshold requirements in the State CDBG application.

Local applications were due by March 6, 2020, and six applications were received by the deadline. Although the City received a total of six applications, one of the six applicants withdrew their application shortly after the March 6 due date. This left five applications remaining, all of which were submitted by City Departments for City projects.

Discussion: Because all five submitted local applications met basic CDBG eligibility requirements and did not

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exceed the maximum of six applications the City can apply for under the 2020 NOFA, scoring of applications was not necessary. Therefore, Staff recommends Council authorize the submittal of five applications for all local applications received.

Staff Recommendation to Council
The following is requested and included in the attached Resolution (Attachment 6):

City of Ukiah Microenterprise Technical Assistance Program = $140,000 General Administration - Microenterprise Technical Assistance Program = $10,500 City of Ukiah Business Assistance Program = $434,539
Activity Delivery - Business Assistance Program = $34,763 General Administration - Business Assistance Program = $35,198 Clara Avenue Reconstruction Project = $2,300,000
Activity Delivery - Clara Avenue Reconstruction Project = $230,000 General Administration - Clara Avenue Reconstruction Project = $75,000 Orr Street Bridge and Transportation Corridor Study and Plan = $150,000 Design and Feasibility Study for ADA Improvements at City of Ukiah Municipal Services Facility Located at 501 South State Street = $50,000 Total Grant Amount = $3,460,000
Additionally, Staff recommends Council approve the use of CDBG Program Income in an amount not to exceed $48,350 for the Clara Avenue Reconstruction Project, a Public Improvement Project.

To proceed with this recommendation, Staff requests Council 1) conduct a public hearing; and 2) adopt the Resolution in Attachment 6 authorizing an application be submitted to HCD for the above activities; and 3) approve corresponding budget amendments if the applications are awarded.

Recommended Action: 1) Conduct a public hearing to consider approval of application submittal to the State Department of Housing and Community Development; and 2) adopt a resolution authorizing the submittal of five 2020 State Community Development Block Grant applications and the City Manager to execute all related documents; and 3) approve the corresponding budget amendments if awarded.

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

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City Council
Regular Meeting
AGENDA
Civic Center Council Chamber ♦ 300 Seminary Avenue ♦ Ukiah, CA 95482 Please register for Ukiah City Council Regular Meeting at:
https://attendee.gotowebinar.com/register/873881253080411406 After registering, you will receive a confirmation email containing information about joining the webinar. Alternatively, you may view the meeting (without participating) by clicking on the name of the meeting at www.cityofukiah.com/meetings.

May 6, 2020 ­ 6:00 PM

1. ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS

4. PETITIONS AND COMMUNICATIONS

5. APPROVAL OF MINUTES

5.a. Approval of the Minutes for the April 13, 2020, Special Meeting.

Recommended Action: Approve the Minutes of April 13, 2020, Special Meeting, as submitted.

Attachments:

1. 2020­04­13 Draft Minutes

5.b. Approval of the Minutes for the April 15, 2020, Regular Meeting.

Recommended Action: Approve the Minutes of April 15, 2020, Regular Meeting, as submitted.

Attachments:

1. 2020­04­15 Draft Minutes

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5.c. Approval of the Minutes for the April 22, 2020, Special Meeting.

Recommended Action: Approve the Minutes of April 22, 2020, Special Meeting, as submitted.

Attachments:

1. 2020­04­22 Draft Minutes

5.d. Approval of the Minutes for the April 29, 2020, Special Meeting.

Recommended Action: Approve the Minutes of April 29, 2020, Special Meeting, as submitted.

Attachments:

1. 2020­04­29 Draft Minutes

6. RIGHT TO APPEAL DECISION
Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged.

7. CONSENT CALENDAR
The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council.

Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations.

7.a. Report of Disbursements for the Month of March 2020.

Recommended Action: Approve the Report of Disbursements for the Month of March 2020.

Attachments:

1. March 2020 Summary of Disbursements

2. Account Codes for Reference

3. Object codes for Reference

4. March 2020 Disbursement Detail

7.b. Consider Approval of a Three­Year Microsoft Enterprise Licensing Agreement with Dell Marketing, Inc. in the Amount of $115,336.14 Per Year, Plus the Yearly True­up of Installed Licensed Products
Recommended Action: Approve three­year Microsoft Enterprise Agreement with Dell in the amount of $115,336.14 per year, plus the yearly true­up of installed licensed products.

Attachments:

1. City of Ukiah ­ EA Renewal

2. Riverside County MSFT Enterprise Agreement fully signed

3. Agreement Docs ­ Combined

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7.c. Award Contract for Specification #20­05 Bush & Low Gap Electric Improvement Project to Wipf Construction LLC of Ukiah, CA in the Amount of $84,595.00 (EUD).

Recommended Action: Award contract in the amount of $84,595.00 for Bush and Low Gap Underground Improvement Project to Wipf Construction, LLC of Ukiah.

Attachments:

1. Bid_Results_Export

2. Wipf Bid 041420

7.d. Consideration of Adoption of Resolution Reappointing Donovan Albright to the Airport Commission.

Recommended Action: Adopt Resolution reappointing Donovan Albright to the Airport Commission, term to expire May 6, 2023.

Attachments:

1. Policy Resolution No. 2014­48

2. Application ­ Albright

3. Nomination from Vice Mayor Orozco

4. Proposed Resolution

7.e. Approval of Amendment with SHN Consulting Engineers and Geologists in the Amount of $21,680 for Additional Design and Testing Services for Pressure Zone 2 South.

Recommended Action: Approve Amendment with SHN Consulting Engineers and Geologists in the Amount of $21,680 for Additional Design and Testing Services for Pressure Zone 2 South.

Attachments:

1. Agreement w SHN

2. SHN Amendment 1

7.f. Consider Adoption of a Resolution Approving an Amendment to the Joint Powers Agreement of the Mendocino Council of Governments to add Housing Matters as a Specific Power.

Recommended Action: Adopt the Resolution approving an amendment to the Joint Powers Agreement of the Mendocino Council of Governments to add housing matters as a specific power.

Attachments:

1. MCOG letter 2020­04­14­Ukiah

2. Resolution

3. MCOG JPA 2020 Amendment­ExhibA

7.g. Award of Contract to SHN Consulting Engineers and Geologists for Compaction and Materials Testing Services in the Amount of $32,954 for the Downtown Streetscape Utilities and Road Diet Projects, Specification No. 19­17 and 19­18, and  Authorize Additional Tests if Needed.

Recommended Action: Award a Contract to SHN Consulting Engineers and Geologists for Compaction and Materials Testing Services in the Amount of $32,954 for the Downtown Streetscape Utilities and Road Diet Projects, Specification No. 19­17 and 19­18, and  Authorize Additional Tests if Needed.

Attachments:

1. SHN Proposal

2. LACO Proposal

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7.h. Approve Budget Amendment and Notification for Pending Agreement with Hildebrand Consulting for Wastewater Rate Implementation Assistance and Consulting Services Recommended Action: Approve budget amendment and notification for pending agreement with Hildebrand Consulting for wastewater rate implementation assistance and consulting services.

Attachments:

1. DRAFT ­ Contract 1920244­ Hildebrand On­Going Sewer Utility Billing Support

8. AUDIENCE COMMENTS ON NON­AGENDA ITEMS
The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda.

9. COUNCIL REPORTS

10. CITY MANAGER/CITY CLERK REPORTS

11. PUBLIC HEARINGS (6:15 PM)

11.a. Hearing on Consideration and Possible Adoption of Resolution Certifying EIR for Landfill Closure and Post­Closure Maintenance Plan, and Approval of Project Rescheduled to May 2020.

Recommended Action: Approve hearing to be re­noticed for and conducted during May 20, 2020, City Council meeting.

Attachments: None

11.b. Conduct a Public Hearing to Receive Public Comment and Discuss Final Grantee Performance Under State Community Development Block Grant #16­CDBG­11147 and CDBG Program Income.

Recommended Action: 1) Receive report from Staff on final performance related to State Community Development Block Grant #16­CDBG­11147 and CDBG Program Income; and 2) conduct public hearing to receive public comment.

Attachments:

1. 2016­40 CC Reso ­ Approving Application for Funding and Execution of Grant Agmt ­ Block Grants

2. Standard Agreement 16­CDBG­11147

3. 2­6­20 HCD CDBG Monitoring Summary Report

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11.c. Conduct a Public Hearing to Consider Adoption of a Resolution Authorizing Submittal of One or More 2020 State Community Development Block Grant Applications; and Approve Corresponding Budget Amendments if Awarded the Grant(s).

Recommended Action: 1) Conduct a public hearing to consider approval of application submittal to the State Department of Housing and Community Development; and 2) adopt a resolution authorizing the submittal of five 2020 State Community Development Block Grant applications and the City Manager to execute all related documents; and 3) approve the corresponding budget amendments if awarded.

Attachments:

1. 2020 State CDBG NOFA

2. 2020 State CDBG NOFA Amendment ­ 4­3­20

3. 2019­CDBG­Income­Limits

4. City of Ukiah Design Phase Public Hearing Publication

5. 2019­20 City of Ukiah CDBG local application

6. Resolution­ 2020 State CDBG Application

12. UNFINISHED BUSINESS

12.a. Receive Status Report and Consider Any Action or Direction Related to the Novel Coronavirus (COVID­19) Emergency Including Operational Preparedness and Response; Continuity of City Operations and Services; Community and Business Impacts; and Any Other Related Matters.

Recommended Action: The City Council will receive a status report and consider any action or direction related to the Novel Coronavirus (COVID­19) Emergency including operational preparedness and response; continuity of City operations and services; community and business impacts; and any other related matters.

Attachments: None

12.b. Authorize Staff to Refile a Change Petition for City Water Rights with the State Water Resources Control Board.

Recommended Action: Authorize Staff to Refile a Change Petition for City Water Rights with the State Water Resources Control Board.

Attachments: None

13. NEW BUSINESS

13.a. Adoption of Resolution of the City of Ukiah Establishing a Five­Hour Time Limit on Parking on Designated Streets Pursuant to Ukiah City Code Sections 7160 and 7164, Thereby Replacing 165 Two­Hour Spaces.

Recommended Action: Adopt a resolution of the City of Ukiah establishing a five­hour time limit on parking on designated streets pursuant to Ukiah City Code sections 7160 and 7164.

Attachments:

1. Five­Hour City of Ukiah Parking Resolution

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13.b. City and Industrial Development Authority Consider Adopting Resolutions Authorizing Joint Exercise of Powers Agreement to Form the Ukiah Public Financing Authority.

Recommended Action: Staff recommends that the City Council and the IDA Board each adopt the attached resolutions by the City Council and the IDA Board, respectively, which approve the Joint Exercise of Powers Agreement to form the Ukiah Public Financing Authority (the “Authority”) and designates the City Council as governing board of the Authority.

Attachments:

1. City Resolution Approving FA JPA Agreement

2. IDA Resolution Approving FA JPA Agreement

3. Joint Exercise of Powers Agreement

13.c. Receive Updates on City Council Committee and Ad Hoc Assignments, and, if Necessary, Consider Modifications to Assignments and/or the Creation/Elimination of Ad Hoc(s).

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

Attachments:

1. 2020 City Council Special Assignments

14. CLOSED SESSION ­ CLOSED SESSION MAY BE HELD AT ANY TIME DURING THE MEETING

14.a. Conference with Legal Counsel—Anticipated Litigation (Government Code Section 54956.9(d))
A. Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9: (Number of potential cases: 1.)
B. Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: (Number of potential cases: 1)
Recommended Action: Confer in Closed Session
Attachments: None

14.b. Conference with Legal Counsel—Anticipated Litigation (Government Code Section 54956.9(d))Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) (Number of potential cases: 2) Recommended Action: Confer in Closed Session
Attachments: None

14.c. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK­CVPT­2018­70200 Recommended Action: Confer in Closed Session
Attachments: None

14.d. Conference with Legal Counsel – Existing Litigation (Cal. Gov’t Code Section 54956.9(d)(1))
Name of case: City of Ukiah v. Questex, LTD, et al, Mendocino County Superior Court, Case No. SCUK­ CVPT­15­66036
Recommended Action: Confer in Closed Session
Attachments: None

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14.e. Conference with Real Property Negotiators
(Cal. Gov’t Code Section 54956.8)
Property:  APN Nos: 002­192­14­00 (280 E. Standley)
Negotiator: Sage Sangiacomo, City Manager;
Negotiating Parties:  Onetogether Solutions
Under Negotiation: Price & Terms of Payment
Recommended Action: Confer in Closed Session
Attachments: None

14.f. Conference with Labor Negotiator (54957.6)
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: All Bargaining Units
Recommended Action: Confer in Closed Session
Attachments: None

15. ADJOURNMENT
Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend.  The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request.  Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business hours, Monday through Friday, 8:00 am to 5:00 pm.

I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting set forth on this agenda.

Kristine Lawler, City Clerk
Dated: 5/1/2020

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Agenda Item No: 12.c.

MEETING DATE/TIME: 8/5/2020
ITEM NO: 2020-476

AGENDA SUMMARY REPORT
SUBJECT: Consideration of Adoption of Amended Resolution Authorizing Applications for Funding and the Execution of Grant Agreements and any Amendments thereto from the 2019-2020 Funding Year of the State Community Development Block Grant Program.

DEPARTMENT: Community
Development PREPARED BY: Craig Schlatter, Community Development Director PRESENTER: Craig Schlatter, Community Development
Director
ATTACHMENTS:

1. CC Reso 2020-20 - Approving Application for Funding from CDBG

2. 2020-CDBG-OTC-Applications-Received-Final

3. Resolution (Amended)- 2020 State CDBG application
Summary: Council will consider adoption of an amended resolution authorizing applications for funding and the execution of grant agreements and any amendments thereto from the 2019-2020 funding year of the State Community Development Block Grant program.

Background: On May 6, 2020, Council adopted Resolution No. 2020-20 (Attachment 1) approving one or more applications for funding and the execution of a grant agreement(s) and any amendments thereto from the 2019-2020 funding year of the State Community Development Block Grant (CDBG) Program. Within the Resolution, Council approved submission of applications in the aggregate amount of not to exceed $3,460,000 for five eligible activities: Microenterprise Technical Assistance Program, Business Assistance Program, Clara Avenue Reconstruction Project, Orr Street Bridge and Transportation Corridor Study and Plan, and a Design and Feasibility Study for ADA Improvements at a City of Ukiah Municipal Services Facility located at 501 S.

State Street. Council also approved the use of CDBG Program Income in an amount not to exceed $48,530 for the Clara Avenue Reconstruction Project.

With the exception of the Clara Avenue application, Staff submitted all other applications to the State Department of Housing and Community Development (HCD) prior to HCD's amended application submittal deadline of June 1, 2020. Per the 2019-2020 CDBG Notice of Funding Availability (NOFA), capital improvement project applications, such as for the Clara Avenue project, are submitted in the Over the Counter (OTC) application pool and due September 30, 2020. OTC project applications are awarded on a rolling basis as complete applications are received.

On July 7, 2020, the City received a payoff of a business assistance loan in the amount of $117,412.06.

Repayments and payoffs of loans originally funded by open CDBG grants are known as Program Income (PI).

PI can be reused by jurisdictions for eligible activities in substantially the same manner as that of open CDBG grants. Additionally, CDBG regulations require all PI be expended or committed to an eligible activity prior to drawing down and/or applying for additional funding. 17% of the $117,412 payoff, or $19,960, is automatically earned by the City as revenue for general administration activities, for the purposes of ongoing administration of CDBG programming. This leaves $97,452 to be committed within the City's 2019-2020 CDBG application.

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In addition to the need to commit additional unanticipated PI, on June 19, 2020 HCD released a second amended NOFA reducing the maximum amount for the Business Assistance program from $750,000 to $500,000. The City's Resolution No. 2020-20 had approved an application be submitted for a $504,500 Business Assistance Program.

Staff discussed these two issues with HCD representatives in July. Due to the release of a list of OTC applications received as of June 4, 2020 (Attachment 2), Staff also discussed the likelihood of an award in the 2019-2020 funding cycle for the Clara Avenue Reconstruction project application. At Staff's request and for the City to be in compliance with current HCD guidance and CDBG regulations, HCD changed the status of the City's Business Assistance and Microenterprise Technical Assistance programs from submitted to draft.

Both applications are due August 31 (also within NOFA amendment #2).

Discussion: Working closely with its underwriter/program operator, Staff redesigned the CDBG Business Assistance program for the provision of at least eight to nine forgivable loans to businesses impacted by the COVID-19 pandemic. As the impacts from the pandemic continue, additional funds to sustain the Ukiah small business community will likely be needed, and therefore Staff recommends the additional unanticipated Program Income be committed to the City's Business Assistance Program application. The $97,452 plus additional loan repayments expected within the 2020-21 fiscal year, bring the total amount of PI to be committed to approximately $140,000.

HCD representatives expressed doubt that additional OTC projects submitted within the next two months prior to September 30, 2020 would be awarded, as the amount available for OTC projects was already oversubscribed by approximately $37 million as of June 2. HCD suggested the City may have a better chance at an OTC award if submitting an application early in the 2021 CDBG NOFA funding cycle. The 2021 CDBG NOFA is expected to be released in mid-January 2021.

For all these reasons, Staff recommends Council adopt the Resolution in Attachment 3 for the following:

City of Ukiah Microenterprise Technical Assistance Program = $140,000 General Administration- Microenterprise Technical Assistance Program = $10,500 City of Ukiah Business Assistance Program = $431,000
Activity Delivery- Business Assistance Program = $34,000 General Administration- Business Assistance Program = $35,000 Orr Street Bridge and Transportation Corridor Study and Plan = $150,000 Design and Feasibility Study for ADA Improvements at City of Ukiah Municipal Services Facility located at 501 South State Street = $50,000 Total = $850,500
Staff also recommends Council approve the use of Program Income in an amount not to exceed $140,000 for the City of Ukiah Business Assistance Program.

Recommended Action: Adopt amended resolution authorizing applications for funding and the execution of grant agreements and any amendments thereto from the 2019-2020 funding year of the State CDBG program.

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: CDBG
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PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A
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2019-20 CDBG APPLICATION

MICROENTERPRISE TECHNICAL ASSISTANCE PROGRAM
Description of Design Phase Public Hearing and Local Application Process In addition to technical assistance provided year-round to prospective CDBG applicants, the City annually, or when eligible to apply for a CDBG grant, conducts a pre-application design phase public hearing and local application process shortly after a NOFA is released. The City published notice of its 2019-20 CDBG NOFA design phase public hearing in the Ukiah Daily Journal on February 11, 2020. The design phase public hearing was held on February 21, 2020.

This public hearing also initiated the City’s CDBG local application process. Applications were due from local applicants, including City Departments, on March 6, 2020.

Copies of February 21 meeting minutes and handouts (2019-20 City of Ukiah CDBG Local Application and Key Dates) are attached.

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RESOLUTION NO. 2020-43

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING AN

APPLICATION FOR FUNDING AND THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO FROM THE 2019-2020 FUNDING YEAR OF THE STATE CDBG

PROGRAM
BE IT RESOLVED by the City Council of the City of Ukiah as follows:

SECTION 1:

The City Council has reviewed and hereby approves the submission to the State of California of one or more application(s) in the aggregate amount, of not to exceed $850,500, for the following CDBG activities, pursuant to the January 2020 CDBG NOFA:

City of Ukiah Microenterprise Technical Assistance Program $ 140,000 General Administration – Microenterprise Technical Assistance Program $ 10,500 City of Ukiah Business Assistance Program $ 431,000
Activity Delivery – Business Assistance Program $ 34,000 General Administration – Business Assistance Program $ 35,000 Orr Street Bridge and Transportation Corridor Study and Plan $ 150,000 Design and Feasibility Study for ADA Improvements at City of Ukiah Municipal Services Facility Located at 501 South State Street $ 50,000 Total Grant Amount $ 850,500
SECTION 2:

The City hereby approves the use of Program Income in an amount not to exceed $140,000 for the City of Ukiah Business Assistance Program described in Section 1.

SECTION 3:

The City acknowledges compliance with all state and federal public participation requirements in the development of its applications.

SECTION 4:

The City hereby authorizes and directs City Manager to execute and deliver all applications and act on the City's behalf in all matters pertaining to all such applications.

SECTION 5:

If an application is approved, the City Manager is authorized to enter into, execute and deliver the grant agreement (i.e., Standard Agreement) and any and all subsequent amendments thereto with the State of California for the purposes of the grant.

SECTION 6:

If an application is approved, City Manager is authorized to sign and submit Funds Requests and all required reporting forms and other documentation as may be required by the State of California from time to time in connection with the grant.

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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ukiah held on August 5, 2020 by the following vote:

AYES: Councilmembers Mulheren, Brown, Scalmanini, Orozco, and Mayor Crane NOES: None
ABSTAIN: None
ABSENT: None
__________________________________
Douglas F. Crane, Mayor
Ukiah City Council

STATE OF CALIFORNIA
City of Ukiah
ATTEST:

I, Kristine Lawler, City Clerk of the City of Ukiah, State of California, hereby certify the above and foregoing to be a full, true and correct copy of a resolution adopted by said City Council on this 5th day of August, 2020.

Kristine Lawler, City Clerk
of the City of Ukiah of the State of California

By: _____________________________________
Name and Title
City of Ukiah
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State of California
Financial Information System for California (FI$Cal)

GOVERNMENT AGENCY TAXPAYER ID FORM
2000 Evergreen Street, Suite 215
Sacramento, CA 95815
www.fiscal.ca.gov
1-855-347-2250
The principal purpose of the information provided is to establish the unique identification of the government entity.

Instructions: You may submit one form for the principal government agency and all subsidiaries sharing the same TIN. Subsidiaries with a different TIN must submit a separate form. Fields bordered in red are required. Hover over fields to view help information. Please print the form to sign prior to submittal. You may email the form to: [email protected], or fax it to (916) 576-5200, or mail it to the address above.

Principal
Government
Agency Name
Remit-To
Address (Street
or PO Box)
City State Zip Code+4
Government Type: City County
Special District Federal
Other (Specify)
Federal
Employer
Identification
Number
(FEIN)
List other subsidiary Departments, Divisions or Units under your principal agency's jurisdiction who share the same FEIN and receives payment from the State of California.

Dept/Division/Unit
Name
Complete
Address
Dept/Division/Unit
Name
Complete
Address
Dept/Division/Unit
Name
Complete
Address
Dept/Division/Unit
Name
Complete
Address
Contact Person Title
Phone number E-mail address
Signature Date
City of Ukiah
300 Seminary Ave.

Ukiah CA 95482
✔ 946000446
Sage Sangiacomo City Manager
(707) 463-6221 [email protected]
5/11/20
City of Ukiah
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300 Seminary Avenue • Ukiah • CA • 95482-5400
Phone: (707)463-6200 · Fax: (707)463-6204 ·www.cityofukiah.com August 19, 2020
Department of Housing and Community Development
Attn: Connie Mallavia, Program Manager
CDBG Program
2020 W. El Camino Ave.

Sacramento, CA 95833
Re: FY 2019-2020 OMB Circular A-133 (no audit required) certification 2019-2020 CDBG NOFA and CDBG-CV1 funding allocations
Dear Ms. Mallavia:

This letter is to certify that the City of Ukiah was not required to complete a single audit under the requirements within OMB Circular A-133 for its fiscal year ended June 30, 2019 because total federal expenditures were less than the minimum threshold. The City does expect to complete a single audit for its fiscal year ended June 30, 2020, which it plans to complete by December 31, 2020.

Please contact me at (707) 463-6220 with any questions.

Sincerely,
Daniel Buffalo
Finance Director
City of Ukiah
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Sheet1
City of Ukiah Microenterprise Technical Assistance Program Activity Budget - All Sources including General Administration Sources
Uses Total Unfunded Costs
Standard Agreement/Activity Setup and General Conditions Clearance General Administration $ 2,500.00 $ 2,500.00 $ -
Total $ 2,500.00 $ 2,500.00 $ -
Marketing and Outreach (Pre-Activity Implementation)
$ 10,657.00 $ 10,657.00
$ -
$ -
Total $ 10,657.00 $ 10,657.00 $ -
Business Eligibility Screening, Needs, Technical Assistance Business eligibility
$ 121,800.00 $ 121,800.00
$ -
Identifying needs $ -
Microenterprise TA $ -
Total $ 121,800.00 $ 121,800.00 $ -
Workshop Design and Hosting/Administration
Workshops $ 8,200.00 $ 8,200.00 $ -
Total $ 8,200.00 $ 8,200.00 $ -
Grant Reporting, Administration, and Closeout Activities General Administration $ 7,343.00 $ 7,343.00 $ -
Total $ 7,343.00 $ 7,343.00 $ -
Total (all sources/uses) $ 150,500.00 $ 150,500.00 $ -
CDBG
(est 10/2020)
Printed/digital materials,
outreach activities
City of Ukiah
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2019-2020 CDBG APPLICATION

MICROENTERPRISE TECHNICAL ASSISTANCE PROGRAM
Activity Budget Narrative
The City of Ukiah proposes funding of a $150,500 CDBG Microenterprise Technical Assistance (META) program. $140,657 of CDBG META activity funds will be used for implementation of the activity by the Center for Economic Development, a procured consultant, with marketing assistance from the City of Ukiah. $9,843 will be used by City of Ukiah staff for general administration activities.

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Profile: [email protected]
Applicant Information
Tell us about you.

Linked Applicant
[email protected]
First name
Craig
Last name
Schlatter
Email
[email protected]
Title
Community Development Director
Company
City of Ukiah
Company Website
www.cityofukiah.com
City
Ukiah
State
California
Organization Information
Tell us about your organization.

Organization Name
City of Ukiah
Employer Identification Number (EIN)
946000446
DUNS
074642893
Authorized Representative
Sage Sangiacomo, City Manager
Business/Finance Representative
Daniel Buffalo, Finance Director
Organization Address
Address
300 Seminary Ave.

Address 2
City
Ukiah
City of Ukiah
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State
California
County
Mendocino
Congressional District/Region
2 Zip
95482
Phone
(707) 463-6219
Phone Extension
Fax
(707) 463-6204
Authorized Representative (if different from above)
Name
Title
Email
[email protected]
Phone
(707) 463-6221
Business/Finance Contact (if required)
Name
Title
Email
[email protected]
Phone
(707) 463-6220
Program Year
2019
Are you applying on behalf of an additional Jurisdiction? No
2 Email
2 Title
2 Company
2 Company Website
City of Ukiah
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2 City
2 State
2 Organization Information
2 Organization Name
2 Tell us about your organization.
2 Employer Identification Number (EIN)
2 DUNS
2 Authorized Representative
2 Business/Finance Representative
2 Organization Address
2 Address
2 Address 2
2 City
2 State
2 County
2 Congressional District/Region
2 Zip
2 Phone
2 Phone Extension
2 Fax
2 Authorized Representative (if different from above)
2 Name
2 Title
City of Ukiah
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2 Email
2 Phone
2 Business/Finance Contact (if required)
2 Name
2 Title
2 Email
2 Phone
City of Ukiah
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Budget: 18812600
Application
City of Ukiah Microenterprise Technical Assistance Program Please use the following link to view the application budget. This link will open in a new window. https://portal.ecivis.com/#/peerBudget/61EA27BE-4408-4C9A-8861-3E524B5E178D Budget Status
Not Approved
City of Ukiah
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Passthrough Agency: Report Date: 01/11/2021
Program: Requested By: Craig Schlatter
Stage: [email protected]
Budget Items
Category Title Description Units Unit Cost Extended Cost Direct Cost Indirect Cost GL Account Cost Share Type Consultant costs Activity costs- marketing
and outreach
0 $0.00 $0.00 $10,000.00 $0.00 $0.00 Direct Cost
City costs Activity costs- Cityprinted flyers and
brochures
0 $0.00 $0.00 $657.00 $0.00 $0.00 Direct Cost
Consultant costs Activity costs- micro TA 0 $0.00 $0.00 $121,800.00 $0.00 $0.00 Direct Cost Consultant costs Activity costsworkshops0 $0.00 $0.00 $8,200.00 $0.00 $0.00 Direct Cost 0 $0.00 $0.00 $140,657.00 $0.00 $0.00
General Administration City staff costs 0 $0.00 $0.00 $9,843.00 $0.00 $0.00 Direct Cost 0 $0.00 $0.00 $9,843.00 $0.00 $0.00
Other
Category Title Description Units Unit Cost Extended Cost Direct Cost Indirect Cost GL Account Cost Share Type 0 $0.00 $0.00 $0.00 $0.00 $0.00
0 $0.00 $0.00 $150,500.00 $0.00 $0.00
Budget Report, Created by Craig Schlatter, [email protected], 01/11/2021 Source: eCivis™ Portal
http://www.ecivis.com/
Other Total
Grant Total
Activity
Activity Total
General Administration
General Administration Total
Other
Budget Report
California Department of Housing and Community Development CDBG - Economic Development - Programs (2019)
Pre-Award
City of Ukiah
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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

ADMINISTRATION AND MANAGEMENT DIVISION
Business & Contract Services Branch
2020 W. El Camino Avenue, Suite 130, 95833
P. O. Box 952054
Sacramento, CA 94252-2054
(916) 263-6872
www.hcd.ca.gov
Sage Sangiacomo, City Manager
City of Ukiah
300 Seminary Avenue
Ukiah, Ca 95482
Dear Sage Sangiacomo,
RE: City of Ukiah
Contract No.: 20-CDBG-12057
Congratulations on your Community Development Block Grant (CDBG) Program Award.

You have received your CDBG Standard Agreement, Exhibits A through E, in the Grants Network System:

A. Standard Agreement (STD 213 and Exhibits A thru E)
STD 213 - Cover page
Exhibit A - Authority, Purpose and Scope of Work
Exhibit B - Budget Detail and Payment Provisions
Exhibit C - State of California General Terms and Conditions - GTC 04/2017 Exhibit C is now incorporated by reference; please see the STD 213 for additional information.

Exhibit D – CDBG Program Terms and Conditions
Exhibit E – Program Application
B. For expeditious handling, please review the STD 213, sign and upload it into the Grants Network System. Do not mail or email the signed STD 213. Please follow the instructions below:

1. Review the entire Standard Agreement thoroughly and, if necessary, discuss the requirements with your legal and financial advisors.

2. The person or persons authorized by the Resolution(s), must provide an original signature, printed name, title and date, using blue ink, on the lower left-hand section entitled "Contractor" on the STD 213 and/or on page 2 of the STD 213, if applicable.

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City of Ukiah
20-CDBG-12057

Page 2 ends

3. Print and upload the signed STD 213 into the Grants Network System within 30 days from the date of this letter.

4. Note: If the resolution did not authorize a designated official to sign the STD 213 and amendments thereto, your governing body must adopt a resolution authorizing a designated official(s) to sign the STD 213 and any subsequent amendments. If the authorized designee as reflected in the resolution, the awarded NOFA amount or your entity status has changed, you are required to provide, to the Department, a new resolution consistent with the terms of the NOFA award and adopted by your Board.

6. Maintain a complete electronic version of the STD 213 and Exhibits A through E for your pending file. Note: The Standard Agreement is not effective until it is signed by the Awardee's designated official and the Department.

The Department reserves the right to cancel any pending Standard Agreement in its entirety if not returned within the required 30-day period.

Please contact Connie Mallavia, CDBG Program Manager, Federal Programs Branch, at (916) 263-2711 or email [email protected], if you have any questions regarding the Standard Agreement or the provisions therein.

Sincerely,
LaTasha Jackson
Contracts Analyst
cc: Janice Waddell, Branch Chief, Federal Programs Branch

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20-CDBG-12057
City of Ukiah Microenterprise Technical Assistance Program Quarterly Report: June 2022 – August 2022
Contact person: Courtney Farrell, Project Manager, [email protected] Melissa Kovacs, Senior Analyst, [email protected]
The North State Planning and Development Collective at CSU, Chico and its team is working with the City of Ukiah to implement its Community Development Block Grant Microenterprise program.

Activities completed:
• 6/2022: CED staff connected with the Ukiah Chamber of Commerce to redistribute flyer to chamber members
• 6/2022-8/2022: CED staff conducted phone and email outreach to 72 Ukiah businesses compiled by desk research
• 7/2022: Zoom and email communication with the Ukiah Chamber of Commerce to gain referrals • 8/2022: CED staff travelled to Ukiah for an outreach trip to visit 60 small businesses in person to provide program information and discuss business needs. The in-person outreach resulted in 2 promising leads
• 8/2022: CED staff posted program flyers on prominent bulletin boards throughout Ukiah • 8/2022: CED staff collaborated with the EDFC in person to strategize outreach efforts • 8/2022: Weekly follow up calls and emails to the businesses contacted during the in-person outreach trip in the Ukiah business technical assistance program • 8/2022: CED staff contacted Shana Pruett at North Coast Opportunities, Inc. regarding the technical assistance program and they shared the program information with their team • 8/2022: CED staff shared program flyer with Maria Avalos at the UVA Vecinos en Accion organization
• For program outreach, the CED contacted a total of 132 businesses during this quarter Example of a quarterly report for the
City of Ukiah Microenterprise Technical
Assistance Program
Attachment 3

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Attachment 4
RESOLUTION NO. 2022-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ACKNOWLEDGING

ACOMPLISHMENTS AND CONFIRMING ACTIVITY COMPLETION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) BUSINESS ASSISANCE ACTIVITY: CITY OF

UKIAH MICROENTERPRISE TECHNICAL ASSISTANCE PROGRAM
WHEREAS, on August 5, 2020, the City Council adopted Resolution 2020-43 authorizing the submittal of a State Community Development Block Grant (CDBG) application in response to the 2020 CDBG Notice of Funding Availability (NOFA) issued by the State Department of Housing and Community Development (HCD); and
WHEREAS, the City was awarded $140,657 in State CDBG Activity funds and $9,843 in State CDBG General Administration funds, and it executed Standard Agreement 20-CDBG-12057 with HCD on June 14, 2021, to implement the City of Ukiah Microenterprise Technical Assistance Program; and
WHEREAS, the project has been completed, all activity funds have been expended, and the City has been reimbursed $71,629.00 by HCD for all project Activity costs and $7,522.40 for all project General Administration costs; and
WHEREAS, the State CDBG program requires that City Staff present a report on project accomplishments and performance after the project has been completed; and WHEREAS, the State CDBG program requires the City Council to conduct a public hearing to receive public comment and adopt a Resolution acknowledging accomplishments and confirming activity completion and receipt of all funds from HCD requested by the City through Standard Agreement 20-CDBG-12057.

NOW, THEREFORE, BE IT RESOLOVED as follows:

1. The City Council of the City of Ukiah has reviewed the project staff report and acknowledges the project accomplishments, which include completion of the City of Ukiah Microenterprise Technical Assistance program;

2. Project beneficiaries include seven recipients of Microenterprise Technical Assistance, one of which received a Business Assistance loan;

3. The City Council confirms activity completion;

4. The City Council confirms that the City has received all grant-related reimbursement funds from the State and is ready to close out Standard Agreement 20-CDBG-12057.

THE FOREGOING RESOLUTION WAS ADOPTED at a regular meeting of the City Council of the City of Ukiah held on the 15th day of November, 2023, by the following roll call vote.

AYES:

NOES:

ABSTAIN:

ABSENT:
_______________________________
Mari Rodin, Mayor

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Attachment 4
Ukiah City Council

STATE OF CALIFORNIA
City of Ukiah
ATTEST:

I, Kristine Lawler, City Clerk of the City of Ukiah, State of California, hereby certify the above and foregoing to be a full, true, and correct copy of a resolution adopted by said City Council on this 15th day of November, 2023.

Kristine Lawler, City Clerk
of the City of Ukiah of the State of California
By: _______________________________

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Agenda Item No: 13.a.

MEETING DATE/TIME: 11/15/2023

ITEM NO: 2023-3181

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

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

ATTACHMENTS:

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

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

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

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

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

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

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

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

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

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

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

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

CLIMATE INITIATIVES (CI):

GENERAL PLAN ELEMENTS (GP):

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1 SHORT FORM CONSTRUCTION CONTRACT
ThisAgreement ismadeandenteredon March 13, 2023, in Ukiah, California, by and between Bridges Restoration LLC, dba West Coast Fire Water, a limited liability company Contractor") and the City of Ukiah City"), a general law municipal corporation.

RECITALS:

1.Theplans andspecifications forthisworktheWork") arecontained in Exhibit A, which is attached hereto and incorporated herein by this reference.

2.Contractor isproperly licensed andqualified toperformthework.

3.Whenever thisAgreement callsforCityapproval ornotification,the approval or notification must be signed by the City Manager or his or her designee.

AGREEMENT:

Wherefore, inconsideration ofthe foregoing facts and the terms and conditions as further stated herein, the parties hereby agree as follows.

1. PERFORMANCE OF THE WORK
Contractor will performtheWorkas further provided herein.

1.1TimeofPerformance. Time is of the essence, and the Contractor shall commence the work as soon as possible following the issuance of a Notice to Proceed”.

1.1.1.N/Acheck if applicable] It is agreed by the parties to the contract that time is of the essence and that, in case all the work is not completed before or upon the expiration of the time limit as set forth, damage, other than those cost items identified in section 1.1.2, will be sustained by the City and that it is and will be impracticable to determine the actual amount of damage by reason of such delay; and it is therefore agreed that, subject to Sections 1.13 1.14, below, the Contractor will pay to the City the sum of five hundred dollars 500.00) per day for each and every calendar day's delay beyond the time prescribed.

1.1.2N/Acheck if applicable] In case the work called for under this contract is not completed within the time limit stipulated herein, the City shall have the right as provided hereinabove, to extend the time of completion thereof. If the time limit be so extended, the City shall have the right to charge to the Contractor and to deduct from the final payment for the work the actual cost to the City of engineering, inspection, superintendence and other overhead expenses which are directly chargeable to the contract and which accrue during the ATTACHMENT 1

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2 period of such extension, except that the cost of final unavoidable delays shall not be included in such charges.

1.2Construction ofContract Documents. Contractor will perform the Work in compliance with the plans and specifications set forth in the attached Exhibit A. If there is any inconsistency or conflict between the plans and the specifications, the specifications will prevail. If there is any inconsistency between the plans and the specifications and this agreement, the terms of this Agreement shall prevail, unless expressly stated otherwise in a particular specification.

1.3Contractor furnished items. Contractor will furnish all necessary labor, materials, tools, equipment, and transportation necessary to perform the Work.

1.4 SB 854 requirements

1.4.1 No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

1.4.2 No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

1.4.3 This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

1.4.4 The Labor Commissioner through the Division of Labor Standards Enforcement DLSE) may at any time require contractors and subcontractors to furnish electronic certified payroll records directly to DLSE. All contractors and subcontractors must furnish electronic certified payroll records directly to the DLSE.

1.4.5 The Prime Contractor is required to post job notices at the job site as prescribed by regulations currently, 8 CCR 16451(d).)

1.5 Use of Employees.

1.5.1.Contractor andanysubcontractors shall payall mechanicsand laborers employed by them to work upon the site of the work unconditionally and without subsequent deductions or rebate on any account the full amounts due at the time of payment at wage rates not less than those contained in the applicable prevailing wage determination, regardless of any contractual relationship which may be alleged to exist between the Contractor and subcontractors and such laborers and mechanics.

1.5.2.Contractor shall comply withteCalifornia Labor CodeSection 1775. In accordance with said Section 1775, Contractor shall forfeit as a penalty to the City, 50.00 for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing

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3 rates for such work or craft in which such workman is employed for any work done under the Contract by him or her or by any subcontractor under him or her in violation of the provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less than the stipulated prevailing wage rate shall be paid to each workman by the Contractor.

1.5.3. Pursuant to the provision of Section 1770 of the Labor Code of the State of California, City has ascertained the general prevailing rate of wages which rate includes employer payments for health and welfare, vacation, pension and similar purposes) applicable to the work to be done, for straight time work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification, or type of workers concerned. Copies of the General Prevailing Wage Determination are on file in the office of the City Engineer and are available to the Contractor on request. The Contractor shall post the wage determination at the site of work in a prominent place where the workers can easily see it.

1.5.4.Citywill not recognize any claim for additional compensation because the Contractor has paid any rate in excess of the prevailing wage rate obtained from the City Engineer.

The possibility of wage increases is one of the elements to be considered by the Contractor in determining his or her bid and will not in any circumstances be considered as the basis for a claim against the City.

1.5.5.Travel andSubsistence Payments.

Contractor shall maketravel andsubsistence payments to each worker needed to execute the work in accordance with the requirements in Section 1773.8 of the Labor Code Chapter 880, Statutes of 1968).

1.5.6.Apprentices.

Attentionsdirectedotheprovisions in Sections 1777.5 Chapter 1411, Statutes of 1968) and 1777.6 of the California Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Contractor and any subcontractor under him or her shall comply with the requirements of said sections in the employment of apprentices.

Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

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4 Copies of Labor Code Sections 1771 requiring prevailing wages), 1775 imposing penalties, including a 50 per day, per worker forfeiture, forfailure to pay prevailing wages), 1776 requiring contractor to maintain available for inspection certified payroll records), 1777.5 requiring certain apprenticeship programs), 1813 imposing penalties for failure to make records available for inspection) and 1815 requiring time and for overtime) are available at the Department of Industrial Relations website at http:// www.dir.ca.gov/

1.6CITYInspector. CITY may designate an architect, engineer, other design professional or other inspector Inspector") to supervise and/or inspect Contractor's performance of the Work.

The Inspector shall have no authority to change the Work, the compensation for performing the Work or the time for completing the Work without City's prior written approval. City shall notify the Contractor in writing, if it designates an Inspector.

1.7SiteConditions. Contractor acknowledges that it has inspected the work site and any improvements involving the Work and satisfied itself as to the conditions which can affect the Work or its cost. Contractor has not relied on any representation by CITY or its officers or employees as to the condition of the site or the houses or any condition that might affect the cost of performing this Agreement.

1.8NewProducts Required. All equipment, materials or fixtures furnished by Contractor under this Agreement shall be new and of the most suitable grade for the intended purpose, unless otherwise specifically provided.

1.9Compliance withLaws. The Contractor shall give all notices and comply with all applicable laws, ordinances, codes, rules and regulations. The Contractor shall secure and pay for all permits, fees, and licenses necessary for the proper execution and completion of the work.

1.10Protection ofSiteandImprovements. The Contractor shall preserve and protect the site, grounds and any involved improvements and shall not alter or damage any portion thereof, except as is absolutely necessary in order to perform the Work. The Contractor shall repair or replace, as directed by CITY, any property that it damages, looses or destroys in violation of this paragraph. Contractor shall assume full responsibility for maintaining the safety of the worksite in compliance with all applicable state and federal worker safety and protection laws and shall maintain the worksite in compliance with all such laws.

1.11Inspection ofWork. The Contractor shall ensure that the Work is available for inspection by CITY or its Inspector at all reasonable times and that no work is covered up or rendered incapable of inspection without prior notice to CITY or its Inspector and a reasonable opportunity for inspection. The presence or absence of an CITY inspector or the conduct of an inspection by CITY or its Inspector shall not relieve the Contractor from any contract requirement or compliance with Exhibit A.

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5 1.12Title. The Contractor warrants that it conveys full and complete title, free of all liens and encumbrances, to all materials, supplies, fixtures and equipment furnished to CITY under this Agreement and agrees to fully defend and indemnify CITY, its officers and employees, and the houses and homebuyers included in the Work from and against any claim, lien, charge, debt, cost, expense or liability arising from a breach of said warranty.

1.13Warranties. N/A] In addition to any other warranties in this contract, the Contractor warrants that the Work conforms to the contract requirements and is free of any defect in equipment, material or workmanship for a period of one year from the date of final acceptance of the Work by CITY. If CITY accepts any part of the Work before final acceptance of the entire Work, the warranty shall continue for the period of one year from the date of such partial acceptance. The Contractor shall remedy, at the Contractor' s expense, any failure to conform, or any defect. Initial if following sentence applies CITY shall retain N/A% of the Contract Amount to secure the Contractor' s warranty and shall remit the unused portion of that amount at the end of the warranty period. The time limit of this warranty shall not apply to any latent defects, or gross negligence or fraud on the part of the Contractor.

1.14. Extension ofTime.

Should any delays occur which the City may consider unavoidable, as herein defined, the Contractor shall, pursuant to his or her application, be allowed an extension of time proportional to said delay or delays, beyond the time herein set forth, in which to complete this contract; and liquidated damages for delay shall not be charged against the Contractor by the City during an extension of time granted because of unavoidable delay or delays.

Any claim by Contractor for a time extension based on unavoidable delays shall be based on written notice delivered to the City within 15 days of the occurrence of the event giving rise to the claim.

Failure to file said written notice within the time specified shall constitute a waiver of said claim.

Notice of the full extent of the claim and all supporting data must be delivered to the City within 45 days of the occurrence unless the City specifies in writing a longer period. All claims for a time extension must be approved by the City and incorporated into a written change order.

1.15. Unfavorable Wather and Other Conditions.

During unfavorable weather and other conditions, the Contractor shall pursue only such portions of the work as shall not be damaged thereby. No portions of the work whose satisfactory quality or efficiency will be affected by any unfavorable conditions shall be constructed while these conditions remain, unless, by special means or precautions approved by the City, the Contractor shall be able to overcome them.

The Contractor shall be granted a time extension of one day for each unfavorable weather day that prevents him or her from placing concrete forms or placing and finishing concrete or asphalt

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6 concrete. Such unfavorable weather day is defined as a rain day where precipitation prevents the contractor from performing the work more than four 4) continuous hours within the authorized work period or a temperature day where the ambient temperature is below that specified for the placement of materials associated with the controlling work item for more than four 4) continuous work hours of the authorized work period.

1.16. Saturday, Sunday, Holiday and Night Work.

No work shall be done between the hours of 6 p.m. and 7 a.m., nor on Saturdays, Sundays or legal holidays except such work as is necessary for the proper care and protection of work already performed, or except in cases of absolute necessity and in any case only with the permission of the City.

It is understood, however, that night work may be established as a regular procedure by the Contractor if he or she first obtains the written permission of the City and that such permission may be revoked at any time by the City if the Contractor fails to maintain at night adequate force and equipment for reasonable prosecution and to justify inspection of the work.

1.17. HoursofLabor.

Eight 8) hours of labor shall constitute a legal day's work and the Contractor or any subcontractor shall not require or permit more than eight hours of labor in a day from any person employed by him or her in the performance of the work under this contract, unless paying compensation for all hours worked in excess of eight 8) hours per day at not less than 1 times the basic rate of pay.

The Contractor shall forfeit to the City, as a penalty, the sum of twenty five dollars 25.00) for each workman employed in the execution of the contract by him or her or by any subcontractor, for each calendar day during which such laborer, workman, or mechanic is required or permitted to labor more than eight hours in violation of the provisions of Section 1810 to 1816, inclusive, Article 3, Chapter 1, Part 7, Division 2) of the Labor Code of the State of California and any acts amendatory thereof.

2. CONTRACT PRICE
The Contractor will be paid for performance of this Agreement time and materials plus subcontractors will be added as invoice plus 20%per rate sheet provided as Exhibit B.

3. PAYMENT OF CONTRACT PRICE

3.1 City authorizes McLarens to pay Contractor solely and directly for the completed work performed pursuant to this contract. All payments under this contract shall be made upon the presentation of certificates in writing to the City and shall show that the work covered by the payments has been done and the payments thereof are due in accordance with this contract. Within fifteen days of the City’s receipt of the certificate of payment, City shall review and forward

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7 authorization for payment to McLarens for its review, approval, and payment to the Contractor.

If, for any reason, Customer receives a check from Insurance Company made payable to Customer, Customer agrees to pay West Coast Fire and Water immediately upon receipt of the check. In order to expedite payment to Contractor, Customer hereby appoints Contractor as attorney in fact, authorizing Contractor to endorse Customer’s name on Insurance Company checks or drafts, and to deposit insurance checks for the services provided in the amount invoiced.

4. INDEMNIFICATION AND INSURANCE.

4.1Indemnification. The Contractor shall do all of the work and furnish all labor, materials, tools and appliances, except as otherwise herein expressly stipulated, necessary or proper for performing and completing the work herein required in the manner and within the time herein specified. The mention of any specific duty or liability imposed upon the Contractor shall not be construed as a limitation or restriction of any general liability or duty imposed upon the Contractor by this contract, said reference to any specific duty or liability being made herein merely for the purpose of explanation.

The right of general supervision by the City shall not make the Contractor an agent of the City and the liability of the Contractor for all damages to persons or to public or private property, arising from the Contractor' s execution of the work, shall not be lessened because of such general supervision.

Until the completion and final acceptance by the City of all the work under and implied by this contract, the work shall be under the Contractor' s responsible care and charge. The Contractor shall rebuild, repair, restore and make good all injuries, damages, re erections and repairs, occasioned or rendered necessary by causes of any nature whatsoever, excepting only acts of God and none other, to all or any portions of the work, except as otherwise stipulated.

To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the City and its officers, directors, agents, and employees from and against all claims, damages, losses and expenses including but not limited to attorneys' fees, costs of suit, expert witness fees and expenses and fees and costs of any necessary private investigators arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense 1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, other than the work itself, including the loss of use resulting therefrom and 2) is caused in whole or in part by any act or omission of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder, or by the negligence or omission of a party indemnified herein.

In any and all claims against the City or any of its agents or employees by any employee of the

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8 Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts, or other employee benefit acts. The obligation to indemnify shall extend to and include acts of the indemnified party which may be negligent or omissions which may cause negligence.

The City shall have the right to estimate the amount of such damage and to cause the City to pay the same and the amount so paid for such damage shall be deducted from the money due the Contractor under this contract; or the whole or so much of the money due or to become due the Contractor under this contract as may be considered necessary by the City, shall be retained by the City until such suits or claims for damages shall have been settled or otherwise disposed of and satisfactory evidence to that effect furnished to the City.

4.2Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors.

4.2.1.MinimumScopeof Insurance
Coverage shall beatleast asbroads:

A. Insurance Services Office Commercial General Liability coverage Form No. CG 20 10 10 01 and Commercial General Liability Completed Operations Form No. CG 20 37 10 01).

B. Insurance Services Office form number CA 0001 Ed. 1/87) covering Automobile Liability, code 1 any auto).

C. Worker’s Compensation insurance as required by the State of California and Employer’s Liability Insurance.

4.2.2.MinimumLimitsofInsurance
Contractor shall maintain limits no less than:

A. General Liability: 1,000,000 per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Insurance must be written on an occurrence

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9 basis.

B. Automobile Liability: 1,000,000 per accident for bodily injury and property damage. Insurance must be written on an occurrence basis.

C. Worker’s Compensation Employer’s Liability: 1,000,000 per accident for bodily injury or disease.

4.2.3.Deductibles andSelf insured Retentions
Any deductibles or self insured retentions must be declared to and approved by the City. The City may require the insurer to reduce or eliminate such deductibles or self insured retentions with respect to the City, its officers, officials, employees and volunteers; or the Contractor to provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses; or to approve the deductible without a guarantee.

4.2.4. REQUIRED Insurance Provisions
Proof of general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

A. The City, its officers, officials, employees, and volunteers are to be covered as ADDITIONAL INSURED with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment, furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance, or as a separate owner’s policy.

B. The workers’ compensation policy is to be endorsed with a waiver of subrogation.

The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City. NOTE: You cannot be added as an additional insured on a workers’ compensation policy.

C. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance with respect to the City, its officers, officials, employees, and volunteers. Any insurance or self insurance maintained by the City, its officers, officials, employees, or volunteers shall be in excess of the Contractor’s insurance and shall not contribute with it.

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10 D. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty 30) days’ prior written notice by certified mail, return receipt requested, has been given to the City.

E. Note: This protects the Contractor) Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision b) of Section 2782 of Civil Code.

5. TERMINATION.

ThisAgreement mayonlybeterminated byCity: 1)forbreach ofthe agreement; 2) because funds are no longer available to pay Contractor for services provided under this Agreement; or 3) City has abandoned and does not wish to complete the project for which Contractor was retained.

City shall notify Contractor of any alleged breach of the agreement and of the action required to cure the breach. If Contractor fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time. If terminated for lack of funds or abandonment of the project, the contract shall terminate on the date notice of termination is given to Contractor. City shall pay the Contractor only for services performed and expenses incurred as of the effective termination date, unless terminated because the Contractor has failed to satisfactorily cure a breach after notice in which event City shall:
a.retainayamounts earned under theContract but not yet paid by City; b.takepossession ofall material and fixtures on the job site; c.havetheright tocomplete theWorkandrecover fromContractorany increased cost to complete the Work above the amounts that would have been paid to Contractor hereunder, together with any other damages suffered by City as a result of said breach.

6. MODIFICATION OF AGREEMENT.

Citymay, fromtimetotime, request changes intheWork, thetime to complete the work or the compensation to be paid for the Work. Such changes must be incorporated in written amendments to this Agreement. To be effective, all such changes as referred to in this section must be agreed upon in writing by both parties to this agreement.

7. ASSIGNMENT.

TheContractor shall not assign ayinterest inthisAgreement, and shall not transfer any

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11 interest in the same whether by assignment or novation), without the prior written consent of City.

8. APPLICATION OF LAWS.

Theparties hereby agree that all applicable Federal, Stateandlocal rules, regulations and guidelines not written into this Agreement shall hereby prevail during the period of this Agreement.

9. INDEPENDENT CONTRACTOR.

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

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

Contractor shall payll estimatedand actual federal and state income and self employment taxes that are due the state and federal government and shall furnish and pay worker' s compensa tion insurance, unemployment insurance and any other benefits required by law for himself and his employees, if any. Contractor agrees to indemnify and hold City and its officers, agents and employees harmless from and against any claims or demands by federal, state or local government agencies for any such taxes or benefits due but not paid by Contractor, including the legal costs associated with defending against any audit, claim, demand or law suit.

Contractor warrants andrepresents that iisaproperly licensedfor the work performed under this Agreement with a substantial investment in its business and that it maintains its own offices and staff which it will use in performing under this Agreement.

10. GOVERNING LAW.

ThisAgreement shall begoverned byandconstrued inaccordance with the laws of the State of California and any legal action concerning the agreement must be filed and litigated in the proper court in Mendocino County, each party consenting to jurisdiction and venue of California state courts in Mendocino County.

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12 11. SEVERABILITY.

Ifanyprovision oftheAgreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.

12. INTEGRATION.

ThisAgreement, including theexhibits attached hereto, contains the entire agreement among the parties and supersedes all prior and contemporaneous oral and written agreements, understandings, and representations among the parties. No amendments to this Agreement shall be binding unless executed in writing by all of the parties.

13. WAIVER.

Nowaiver ofanyoftheprovisionsfthisAgreement shall bedeemed, or shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.

14. NOTICES.

Whenever notice, payment orother communication is required or permitted under this Agreement, it shall be deemed to have been given when personally delivered, emailed, or deposited in the United States mail with proper first class postage affixed thereto and addressed as follows:

CONTRACTOR CITY
Bridges Restoration, LLC City of Ukiah
dba West Coast Fire Water
5846 Live Oak Drive 300 Seminary Ave.

Kelseyville, CA 95451 Ukiah, CA. 95482
Email: lmartinez@westcoastfireandwater. com Email: [email protected] Either party may change the address to which notices must be sent by providing notice of that change as provided in this paragraph.

15. PARAGRAPH HEADINGS.

Theparagraph headings contained herein areforconvenience andreference only and are not intended to define or limit the scope of this agreement.

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13 16. EXECUTION OF AGREEMENT.

ThisAgreement maybeexecuted inuplicate originals, eachbearingthe original signature of the parties. Alternatively, this Agreement may be executed and delivered by facsimile or other electronic transmission, and in more than one counterpart, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument.

When executed using either alternative, the executed agreement shall be deemed an original admissible as evidence in any administrative or judicial proceeding to prove the terms and content of this Agreement.

WHEREFORE, theparties haveenteredthis Agreement on the date first written above.

CONTRACTOR CITYOFUKIAH
By: By:

Leonardo Martinez SageSangiacomo
Director ofLarge Loss CityManager
California Contractor' s License Number: 1036250
Department of Industrial Relations Registration Number: 1000040614 German

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14 EXHIBIT A SCOPE
The work is for any and all necessary cleaning and/or restoration services at 1350 Hastings Road, Ukiah, California, that are eligible expenses covered under Claim Number 002 059250 00.Q as approved by McLarens Insurance and the City of Ukiah. Any expenses not pre approved by McLarens Insurance and the City of Ukiah will be the sole responsibility of West Coast Fire and Water.

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1 West Coast Fire and Water
5846 Live Oak Dr. # 1
Kelseyville, Ca 95451
Phone: 1(888)617-3786
Fax: 1(888)411-9985
Federal Employer Identification Number #90-0725162
service@westcoastfireandwater. com
Insured: City of Ukiah Home: ( 707) 463-6233
Property: 1350 Hastings Rd
Ukiah, CA 95482
Estimator: Leo Martinez Business: ( 707) 245- 7017
E- mail: lmartinez@westcoastfireandw
ater.com
Position: Director Of Large Loss
Company: West Coast Fire and Water
Business: 3001 South State St #5
Ukiah, CA 95482
Claim Number: Policy Number: Type of Loss:< NONE>
Date of Loss: Date Received:

Date Inspected: Date Entered: 5/14/ 2020 9:00 AM
Price List: CAUK8X_ SEP22
Restoration/ Service/ Remodel
Estimate: T&MPRICING

EXHIBIT B

Page 479 of 504 ends

2 West Coast Fire and Water
5846 Live Oak Dr. # 1
Kelseyville, Ca 95451
Phone: 1(888)617-3786
Fax: 1(888)411-9985
Federal Employer Identification Number #90-0725162
service@westcoastfireandwater. com
T& MPRICING 3/24/2023 Page: 2
CODES
Main Level

REGULAR WAGE ( NON PREVAILING)

REGULAR WAGE

DESCRIPTION QTY UNIT PRICE TOTAL
NON PREVAILING WAGE RATE***

1. Skilled Labor 1.00 HR @ 75. 00 = 75. 00

2. Supervisor 1.00 HR @ 85.00 = 85.00

3. Project Manager 1.00 HR @ 100. 00 = 100. 00

4. Project Manager- large loss 1.00 HR @ 125. 00 = 125. 00

5. Project Estimator 1.00 HR @ 120.00 = 120.00

6. Skilled Biohazard Technician 1.00 HR @ 120. 00 = 120. 00

7. Biohazard Supervisor 1.00 HR @ 125.00 = 125.00

8. Health and Safety Officer 1.00 HR @ 75.00 = 75.00

9. Admin 1.00 HR @ 40. 00 = 40. 00
Overtime rates will be calculated as rates above x1.5

PREVAILING WAGE

DESCRIPTION QTY UNIT PRICE TOTAL
PREVAILING WAGE RATES***

10. Skilled Labor 1.00 HR @ 123. 00 = 123. 00

11. Supervisor 1.00 HR @ 135.00 = 135.00

12. Project Manager 1.00 HR @ 130.00 = 130.00

13. Project Manager- large loss 1.00 HR @ 140. 00 = 140. 00

14. Skilled Microbial Remediaton Technician 1.00 HR @ 133.00 = 133.00

15. Microbial Remediation Supervisor 1.00 HR @ 145. 00 = 145. 00

16. Skilled Biohazard Bloodborne Pathogen Technician 1.00 HR @ 143. 00 = 143. 00

17. Biohazard Bloodborne Pathogen Supervisor 1.00 HR @ 155.00 = 155.00

18. Health and Safety Officer 1.00 HR @ 140. 00 = 140. 00

19. Admin 1.00 HR @ 70. 00 = 70. 00

20. Resources Coordinator 1.00 HR @ 100.00 = 100.00
Overtime rates will be calculated as rates above x1. 5
MATERIALS Height: 8'

Page 480 of 504 ends

3 West Coast Fire and Water
5846 Live Oak Dr. # 1
Kelseyville, Ca 95451
Phone: 1(888)617-3786
Fax: 1(888)411-9985
Federal Employer Identification Number #90-0725162
service@westcoastfireandwater. com
T&MPRICING 3/24/2023 Page: 3

DESCRIPTION QTY UNIT PRICE TOTAL

21. 4 mil 10X100 1.00 RL @ 140. 00 = 140. 00

22. 4 mil 10X100 (fire resistant) 1.00 RL @ 160.00 = 160.00

23. 6 mil 10X100 1.00 RL @ 184.00 = 184.00

24. 6 mil 10X100 ( fire resistant) 1.00 RL @ 315. 00 = 315. 00

25. Absorbent 1.00 BG @ 20.00 = 20.00

26. Adhesive spray 1.00 EA @ 15. 00 = 15. 00

27. Air Neutralizer 1.00 EA @ 41. 00 = 41. 00

28. Bags clear bags ( pack of 50) 1.00 BX @ 43.00 = 43.00

29. Bags garbage ( pack of 32) 1.00 BX @ 51. 00 = 51. 00

30. HEPA vac debris bag 1.00 EA @ 30. 00 = 30. 00

31. Bio hazard bags (pack of 50) 1.00 BX @ 75.00 = 75.00

32. Booties ( pair) 1.00 EA @ 1.00 = 1.00

33. Botanical disinfectant 1.00 GL @ 95.00 = 95.00

34. Box Large 4.5 cubic feet 1.00 EA @ 8.00 = 8.00

35. Box Medium 3 cubic feet 1.00 EA @ 6.00 = 6.00

36. Box Small 1.5 cubic feet 1.00 EA @ 4.00 = 4.00

37. Box waredrobe 24X24X34 1.00 EA @ 23. 00 = 23. 00

38. Bubble wrap roll 1.00 RL @ 115. 00 = 115. 00

39. Carpet shield protector 200' 1.00 EA @ 114.00 = 114.00

40. Chemical sponges 1.00 EA @ 5.00 = 5.00

41. Cleaner glass 1.00 EA @ 15. 00 = 15. 00

42. Cleaner heavy duty degreaser 1.00 EA @ 65.00 = 65.00

43. Deoderizer for ducting 1.00 GL @ 47. 00 = 47. 00

44. Deoderizer smoke/ odor 1.00 GL @ 126. 00 = 126. 00

45. Deoderizer thermal fog 1.00 GL @ 168.00 = 168.00

46. Dry Ice 1.00 LB @ 10. 00 = 10. 00

47. Duct sealant 1.00 GL @ 70.00 = 70.00

48. Encapsulant smoke/odor 1.00 5G @ 450.00 = 450.00

49. Filter carbon 1000/ 1200 1.00 EA @ 100. 00 = 100. 00

50. Filter carbon 2000 1.00 EA @ 170.00 = 170.00

51. Filter carbon 500 1.00 EA @ 70. 00 = 70. 00

52. Filter HEPA 1000/ 1200 1.00 EA @ 254. 00 = 254. 00

53. Filter HEPA 2000 1.00 EA @ 294.00 = 294.00

54. Filter HEPA 500 1.00 EA @ 194. 00 = 194. 00

55. FIlter pad 1000/ 1200 1.00 EA @ 3.00 = 3.00

56. FIlter pad 2000 1.00 EA @ 3.00 = 3.00

57. Filter pad 500 1.00 EA @ 3.00 = 3.00

58. Filter pleated 2000 1.00 EA @ 20.00 = 20.00

59. Filter pleated 500 1.00 EA @ 16.00 = 16.00

60. Filter pleated 1000/ 1200 1.00 EA @ 18. 00 = 18. 00

Page 481 of 504 ends

4 West Coast Fire and Water
5846 Live Oak Dr. # 1
Kelseyville, Ca 95451
Phone: 1(888)617-3786
Fax: 1(888)411-9985
Federal Employer Identification Number #90-0725162
service@westcoastfireandwater. com
T&MPRICING 3/24/2023 Page: 4

CONTINUED - MATERIALS

DESCRIPTION QTY UNIT PRICE TOTAL

61. Filter respirator (pair) 1.00 EA @ 24.00 = 24.00

62. Filter respirator odor ( pair) 1.00 EA @ 66. 00 = 66. 00

63. Floor scraper blades 1.00 EA @ 2.00 = 2.00

64. Furniture blanket 1.00 DA @ 2.00 = 2.00

65. Furniture blocks 1.00 BX @ 81. 00 = 81. 00

66. Gloves disposable 1.00 BX @ 18.00 = 18.00

67. Lay flat 12" x500' 1.00 LF @ 1.00 = 1.00

68. Lay flat 18" x500' 1.00 LF @ 1.25 = 1.25

69. Lay flat 22"x500' 1.00 LF @ 1.50 = 1.50

70. Lay flat 24" x500' 1.00 LF @ 1.75 = 1.75

71. Lay flat 30"x500' 1.00 LF @ 2.00 = 2.00

72. Mop/mop head/bucket combo 1.00 EA @ 25.00 = 25.00

73. N-95 1.00 EA @ 5.00 = 5.00

74. Paint remover 1.00 GL @ 78.00 = 78.00

75. Paint plastic 10x100 2 mil 1.00 RL @ 48. 00 = 48. 00

76. Furniture polish 1.00 EA @ 23. 00 = 23. 00

77. Stainless steel polish 1.00 EA @ 14.00 = 14.00

78. Poly hanger T clips 1.00 EA @ 8.00 = 8.00

79. Rags white ( 60 pack) 1.00 BX @ 100. 00 = 100. 00

80. Ramboard 38" wide 100' 1.00 RL @ 205.00 = 205.00

81. Sand bag ( filled) 1.00 EA @ 40. 00 = 40. 00

82. Saw zawzall blades (metal) 1.00 EA @ 4.00 = 4.00

83. Saw zawzall blade (wood) 1.00 EA @ 5.00 = 5.00

84. Scouring sponges ( yellow or green) 1.00 EA @ 3.00 = 3.00

85. Shrink wrap 1.00 RL @ 66.00 = 66.00

86. Tacky mat ( set of 25) 1.00 EA @ 120. 00 = 120. 00

87. Caution tape 1.00 RL @ 34. 00 = 34. 00

88. Duct tape 1.00 RL @ 17.00 = 17.00

89. Packaging tape 1.00 RL @ 12. 00 = 12. 00

90. Painters tape 2" 1.00 RL @ 20. 00 = 20. 00

91. Painters tape 3" 1.00 RL @ 28.00 = 28.00

92. Tyvek suits ( blue) 1.00 EA @ 22. 00 = 22. 00

93. Tyvek suits ( white) 1.00 EA @ 20. 00 = 20. 00

94. Tyvek suits (yellow) 1.00 EA @ 24.00 = 24.00

Page 482 of 504 ends

5 West Coast Fire and Water
5846 Live Oak Dr. # 1
Kelseyville, Ca 95451
Phone: 1(888)617-3786
Fax: 1(888)411-9985
Federal Employer Identification Number #90-0725162
service@westcoastfireandwater. com
T& MPRICING 3/24/2023 Page: 5

CONTINUED - MATERIALS

DESCRIPTION QTY UNIT PRICE TOTAL

95. Water case ( 24 pack) 1.00 EA @ 24. 00 = 24. 00

96. Zipper ( 2 pack) 1.00 EA @ 30. 00 = 30. 00

97. Cleaner simple green 1.00 EA @ 43.00 = 43.00
SMALL TOOLS FEE OF 3% WILL BE APPLIED TO INVOICE ON LABOR ONLY**

EQUIPMENT

DESCRIPTION QTY UNIT PRICE TOTAL

98. Air compressor 1.00 DA @ 100. 00 = 100. 00

99. Air mover 1.00 DA @ 30.00 = 30.00
100. Air scrubber 1000/ 1200 CFM 1.00 DA @ 125. 00 = 125. 00 101. Air scrubber 2000 CFM 1.00 DA @ 150. 00 = 150. 00
102. Air scrubber 500 CFM 1.00 DA @ 80.00 = 80.00
103. Airless spray 1.00 DA @ 165. 00 = 165. 00
104. Dehumidifer large 110- 159 PPD 1.00 DA @ 175. 00 = 175. 00 105. Dehumidifer medium 70-109 PPD 1.00 DA @ 150.00 = 150.00 106. Dehumidifer small 69 PPD 1.00 DA @ 120. 00 = 120. 00 107. Desiccant dehumidifer 1,000-2,500 CFM 1.00 DA @ 710.00 = 710.00 108. Desiccant dehumidifer 10,000 CFM 1.00 DA @ 2,400.00 = 2,400.00 109. Desiccant dehumidifer 15, 000 CFM 1.00 DA @ 3,350. 00 = 3,350. 00 110. Desiccant dehumidifer 3,000-4,000 CFM 1.00 DA @ 1,200.00 = 1,200.00 111. Desiccant dehumidifer 5000 CFM 1.00 DA @ 1,500. 00 = 1,500. 00 112. Desiccant dehumidifer 7,500 CFM 1.00 DA @ 2,000. 00 = 2,000. 00 113. Dolly 1.00 DA @ 22.00 = 22.00
114. Dry ice blasting machine 1.00 DA @ 650. 00 = 650. 00 115. Extractor- portable 1.00 DA @ 140. 00 = 140. 00
116. Extractor- truck mount 1.00 DA @ 525.00 = 525.00
117. Generator 10 KW 1.00 DA @ 125. 00 = 125. 00
118. Generator 100 KW 1.00 DA @ 950. 00 = 950. 00
119. Generator 150 KW 1.00 DA @ 1,100.00 = 1,100.00
120. Generator 175 KW 1.00 DA @ 1,250. 00 = 1,250. 00
121. Generator 200 KW 1.00 DA @ 1,300.00 = 1,300.00

Page 483 of 504 ends

6 West Coast Fire and Water
5846 Live Oak Dr. # 1
Kelseyville, Ca 95451
Phone: 1(888)617-3786
Fax: 1(888)411-9985
Federal Employer Identification Number #90-0725162
service@westcoastfireandwater. com
T&MPRICING 3/24/2023 Page: 6

CONTINUED - EQUIPMENT

DESCRIPTION QTY UNIT PRICE TOTAL
122. Generator 250 KW 1.00 DA @ 1,450. 00 = 1,450. 00
123. Generator 30 KW 1.00 DA @ 370. 00 = 370. 00
124. Generator 300 KW 1.00 DA @ 1,650.00 = 1,650.00
125. Generator 400 KW 1.00 DA @ 2,450. 00 = 2,450. 00
126. Generator 5 KW 1.00 DA @ 95. 00 = 95. 00
127. Generator 50 KW 1.00 DA @ 600.00 = 600.00
128. Generator 75 KW 1.00 DA @ 750. 00 = 750. 00
129. Hydroxyl generator 1.00 DA @ 300. 00 = 300. 00
130. Moisture meter 1.00 DA @ 75.00 = 75.00
131. Ozone generator 1.00 DA @ 300. 00 = 300. 00
132. Passenger van 1.00 DA @ 195.00 = 195.00
133. Pick up tuck 1.00 DA @ 205.00 = 205.00
134. PPE harness and lanyard 1.00 DA @ 30. 00 = 30. 00
135. Pressure washer 1.00 DA @ 150.00 = 150.00
136. Respirator full face 1.00 DA @ 12. 00 = 12. 00
137. Respirator half face 1.00 DA @ 42. 00 = 42. 00
138. Scaffolding 1.00 EA @ 45.00 = 45.00
139. Spider box 1.00 DA @ 72. 00 = 72. 00
140. Spider box cables 100' 1.00 DA @ 62. 00 = 62. 00
141. Thermal camera 1.00 DA @ 175.00 = 175.00
142. Thermohygrometer 1.00 DA @ 70. 00 = 70. 00
143. Vaccum back pack 1.00 DA @ 95.00 = 95.00
144. Vaccum HEPA turtle 1.00 DA @ 95.00 = 95.00
145. Work light temporary lighting 1.00 DA @ 20. 00 = 20. 00 146. Workstation ( table, chair) 1.00 DA @ 50.00 = 50.00

VEHICLES

DESCRIPTION QTY UNIT PRICE TOTAL
147. Box truck small 1.00 DA @ 340.00 = 340.00
148. Box truck medium 1.00 DA @ 415. 00 = 415. 00
149. Box truck large 1.00 DA @ 510.00 = 510.00

Page 484 of 504 ends

7 West Coast Fire and Water
5846 Live Oak Dr. # 1
Kelseyville, Ca 95451
Phone: 1(888)617-3786
Fax: 1(888)411-9985
Federal Employer Identification Number #90-0725162
service@westcoastfireandwater. com
T&MPRICING 3/24/2023 Page: 7

CONTINUED - VEHICLES

DESCRIPTION QTY UNIT PRICE TOTAL
150. Cargo van 1.00 DA @ 250.00 = 250.00
151. Dump truck ( does not include dump fees) 1.00 DA @ 600. 00 = 600. 00 152. Dump trailer (does not include dump fees) 1.00 DA @ 120.00 = 120.00 153. Catastrophe trailer 1.00 DA @ 600. 00 = 600. 00
Grand Total Areas:
384. 00 SF Walls 144. 00 SF Ceiling Ceiling528. 00 SF Walls and 144. 00 SF Floor 16. 00 SY Flooring 48. 00 LF Floor Perimeter

0.00 SF Long Wall 0.00 SF Short Wall 48.00 LF Ceil. Perimeter 144. 00 Floor Area 160. 44 Total Area 384. 00 Interior Wall Area 456.00 Exterior Wall Area 50.67 Exterior Perimeter of
Walls

0.00 Surface Area 0.00 Number of Squares 0.00 Total Perimeter Length

0.00 Total Ridge Length 0.00 Total Hip Length
Coverage Item Total % ACV Total %
Dwelling 29, 954. 00 79. 77% 29, 954. 00 79. 77%
Other Structures 0.00 0.00% 0.00 0.00%
Contents 7,594. 50 20. 23% 7,594. 50 20. 23%
Total 37,548.50 100.00% 37,548.50 100.00%

Page 485 of 504 ends

8 West Coast Fire and Water
5846 Live Oak Dr. # 1
Kelseyville, Ca 95451
Phone: 1(888)617-3786
Fax: 1(888)411-9985
Federal Employer Identification Number #90-0725162
service@westcoastfireandwater. com
T&MPRICING 3/24/2023 Page: 8
Summary for Dwelling
Line Item Total 29,954.00
Replacement Cost Value $ 29, 954. 00
Net Claim $ 29, 954. 00
Leo Martinez
Director Of Large Loss

Page 486 of 504 ends

9 West Coast Fire and Water
5846 Live Oak Dr. # 1
Kelseyville, Ca 95451
Phone: 1(888)617-3786
Fax: 1(888)411-9985
Federal Employer Identification Number #90-0725162
service@westcoastfireandwater. com
T&MPRICING 3/24/2023 Page: 9
Summary for Contents
Line Item Total 7,594.50
Replacement Cost Value $ 7,594. 50
Net Claim $ 7,594. 50
Leo Martinez
Director Of Large Loss

Page 487 of 504 ends
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