Ukiah City Council
February 7, 2024

TECHNICAL MEMORANDUM
Geotechnical Exploration
Runway Rehabilitation Project
Project No. 7403.05; October 19, 2017

published geologic maps (Jennings, 1960) the site is underlain by recent alluvial deposits associated with the Russian River floodplain. These deposits are described as unconsolidated lenticular deposits of clay, sand, and gravel, of moderate to high permeability. The area west of the site is mapped as underlain by Quaternary (approximately 11,700 to 2.6 million years old) non-marine terrace deposits. These deposits are described as unconsolidated silty sand and gravel, silt, and clay, of moderate to low permeability.

Pavement Section
The results of our exploration indicate that the Runway surface consists of AC paving that is underlain by AB. Pavement section component thicknesses at our boring locations are summarized in Table 1 and presented in the borings logs (Appendix 2).

Table 1. Thickness of Pavement Section Components and Fill at Test Boring Locations Boring Number Asphalt Concrete Thickness
(inches)
Aggregate Base Thickness
(inches)
B1 7 9.5
B2 6 11
B3 7 8.5
B4 7 8.5
B5 8 7
B6 8 8.5
B7 4 20
B9 5 16
Soil Conditions
Beneath the runway pavement section in borings B1 through B4, we encountered yellowish brown, loose to medium dense clayey sand with gravel (SC) up to 4.5 feet thick. Below pavement section in B5 we encountered 2.5 feet of olive, medium stiff, sandy lean clay (CL) overlying 2 feet of yellowish brown, dense, silty sand with gravel (SM). Beneath pavement section in B6 we encountered 1.5 feet of olive, medium stiff, sandy lean clay (CL), underlain by approximately 2 feet of yellowish brown, very stiff, sandy lean clay with grave. (CL). Beneath the pavement in B7, we encountered approximately 3 feet of yellowish brown, stiff, sandy lean clay (CL). In B8, we encountered 5 feet of yellowish brown, medium dense, silty sand. Beneath the pavement in B9, we encountered approximately 3 feet of yellowish brown, very dense clayey sand with gravel. Lastly, in B9 we encountered 2 feet of yellowish brown, medium dense, silty sand (SM), overlying 3 feet of yellowish brown, medium dense, silty sand with gravel (SM).

Groundwater Conditions
Free groundwater was not encountered in our borings during our field exploration. 280

TECHNICAL MEMORANDUM
Geotechnical Exploration
Runway Rehabilitation Project
Project No. 7403.05; October 19, 2017

4 . 0 C O N C L U S I O N S
Our exploration indicates the project is feasible from a geotechnical engineering standpoint. On the basis of the above observations and our experience, we conclude that the rehabilitation of the Runway can proceed as planned.
5 . 0 R E C O M M E N D AT I O N S

5.1 Runway Rehabilitation
As described above, the existing pavement section will be pulverized in place. This effort will result in a blend of pulverized AC and the underlying AB material. We recommend that the resulting blend be moisture conditioned, either wetted or dried back, to near the optimum moisture content and compacted to at least 95 percent relative compaction or per Federal Aviation Administration (FAA) requirements (FAA, 2009). The resulting subgrade surface should be kept wet until covered with hot mix asphalt.

Pavement should be designed using a CBR value of 14 for recycled soils compacted to 95% relative compaction of the maximum dry density using standard effort (ASTM D698). If soils are not reworked and compacted, we recommend designing the pavement using a CBR value of 1.

5.2 Subgrade Preparation
New pavement and/or shoulder areas should be cleared and stripped to remove vegetation and surface soil containing organic matter. This material is unsuitable for use in compacted fill by may be stockpiled for later use in landscape areas. We estimate the required depth of stripping in areas with topsoil will generally be about 3 inches.

The exposed subgrade soils should be scarified to a minimum depth of 6 inches, moisture conditioned to wet of the optimum moisture content and compacted at least 95 percent relative compaction of maximum dry density using standard effort (ASTM D698) or per FAA requirements (FAA, 2009).

In areas of heavy deflection or pumping, we recommend over-excavation and replacement of soil with select fill placed and compacted as recommended below. As an alternative, the application of a geotextile fabric (such as Tensar® TX170, or equivalent) may be placed over the affected area in .

The soil subgrade should be observed by the Geotechnical Engineer (or qualified representative) and density test performed to check that it is smooth and unyielding prior to placement of AB. Site grading work should be performed during the summer months to avoid complications related to potential perched groundwater and saturated soils.

5.3 Fill Placement
If fill material is needed to achieve planned subgrade elevations, it should meet or exceed the requirements for select fill. Select fill should be free of organic material and satisfy the following criteria:
281

TECHNICAL MEMORANDUM
Geotechnical Exploration
Runway Rehabilitation Project
Project No. 7403.05; October 19, 2017

Liquid Limit 40 percent or less
Plasticity Index 15 percent or less
Material passing No. 200 sieve 10 to 60 Percent
Maximum rock size 2 inches
Select fill should be placed in layers not exceeding 8 inches in loose thickness, moisture conditioned to wet of the optimum moisture content and compacted to a least 95 percent relative compaction of maximum dry density using standard effort (ASTM D698) or per FAA requirements (FAA, 2009).

5.4 Aggregate Base Quality and Compaction Standard
Aggregate base (for use in constructing new shoulders or to supplement the AC-AB blend described above) should be free of organic matter, and other deleterious material, and conform to the requirements described in Item P-209 (FAA, 2014). It should be spread in loose lifts of 6 to 8 inches thick, moisture conditioned to near optimum moisture content, and compacted to at least 100 percent relative compaction or per FAA requirements (FAA, 2009). The resulting subgrade should be maintained near its optimum moisture contents until covered by asphalt.
6 . 0 F U T U R E G E O T E C H N I C A L S E R V I C E S During the design phase, we recommend that LACO review the construction drawings and specifications, to check that they conform to the intent of the recommendations presented in this report. During construction, LACO should observe subgrade preparation, observe fill placement and compaction, and perform field and laboratory tests to check that the work is performed in accordance with the project construction drawings and specifications.
7 . 0 L I M I T A T I O N S
This memorandum has been prepared for the exclusive use of Mead & Hunt, its contractors and subconsultants, and appropriate public authorities for specific application to the project development.

LACO has endeavored to comply with the generally accepted geotechnical engineering standard of care common to the local area, and makes no other warranty, express or implied.

The findings, analyses, and recommendations contained in this memorandum are based on data obtained from subsurface exploration and/or laboratory tests. The exploration methods used indicate subsurface conditions only at specific locations, only at the time they were observed, and only to the depths penetrated. Exploration locations cannot always be relied upon to accurately reflect stratigraphic variations, nor do they necessarily represent conditions at any other time or location.

The recommendations included in this memorandum are based in part on assumptions about subsurface conditions that may only be confirmed during earthwork. Accordingly, the validity of these recommendations is contingent upon LACO being retained to provide additional professional services during project design and construction. LACO cannot assume responsibility or liability for the adequacy of the Report recommendations when they are applied in the field unless LACO is retained to observe 282

TECHNICAL MEMORANDUM
Geotechnical Exploration
Runway Rehabilitation Project
Project No. 7403.05; October 19, 2017

construction. Please contact us to further discuss the extent of such observations required to check the validity of our recommendations.

This findings, conclusions, or recommendations should not be used if the nature, design, or location of the proposed project development is changed. If changes are contemplated, LACO should be consulted to review their impact on the applicability of the findings, conclusions, or recommendations contained in this memorandum. Also, LACO will not be responsible for any claims, damages, or liability memorandum for
other projects or at other locations without the express written authorization of LACO. 8 . 0 R E F E R E N C E S
California Division of Mines and Geology (CDMG) Map Sheet9, scale 1:62,500, 1968, Geology of the Kelseyville quadrangle, Sonoma, Lake, and Mendocino Counties, California.

California Geological Survey (CGS), 2006, Simplified Geologic Map of California.

Jennings, C.W., and Strand, R.G., compilers, (1960), Geologic map of California, Ukiah Sheet: California Division of Mines & Geology, Olaf P. Jenkins edition, scale 1:250,000.

United States Department of Transportation, Federal Aviation Administration (FAA), 2009, Airport Pavement Design and Evaluation, Advisory Circular No. 150/5320-6E, Sept 30.

United States Department of Transportation, Federal Aviation Administration (FAA), 2014, Standards for Specifying Construction of Airports, CAN, 150/5370-10G, July 21. 283

TECHNICAL MEMORANDUM
Geotechnical Exploration
Runway Rehabilitation Project
Project No. 7403.05; October 19, 2017

F I G U R E S
Figure 1 Site Vicinity Map
Figure 2 Site Map
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TECHNICAL MEMORANDUM
Geotechnical Exploration
Runway Rehabilitation Project
Project No. 7403.05; October 19, 2017
A P P E N D I X 1
Boring Logs

287

288

289

290

291

292

293

294

295

296

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TECHNICAL MEMORANDUM
Geotechnical Exploration
Runway Rehabilitation Project
Project No. 7403.05; October 19, 2017
A P P E N D I X 2
Laboratory Test Results
298

Sample Number B1 B2 B3 B4 B5 B6 B6 B7 B8
Depth, ft. 3.5 2.0 2.5 2.5 2.0 2.0 4.0 2.5 2.0
Wet Soil 847.5 922.4 674.3 799.3 856.5 853.9 921.2 787.0 465.4 Wet Soil + Tare(moisture) 1001.1 1078.3 828.4 872.4 928.6 926.4 993.3 860.3 543.0 Dry Soil + Tare 886.8 927.9 730.8 764.2 802.5 772.4 870.8 754.1 483.0 Tare Weight 153.3 156.1 154.1 72.9 72.5 72.1 72.0 73.6 77.7 Moisture Content, % 15.6 19.5 16.9 15.7 17.3 22.0 15.3 15.6 14.8 Sample Diameter, in. 2.41 2.42 2.40 2.38 2.37 2.43 2.40 2.42 2.38 Cross-Sectional Area, in.2 4.56 4.60 4.52 4.44 4.41 4.64 4.54 4.59 4.43 Sample Height, in. 5.35 5.83 4.48 5.27 5.59 5.51 5.65 4.94 2.99 Sample Volume, in.3 24.40 26.81 20.26 23.41 24.64 25.54 25.63 22.66 13.24 Unit Weight, Wet, pcf 132.3 131.1 126.8 130.0 132.3 127.4 136.9 132.3 133.9 Unit Weight, Dry, pcf 114.5 109.7 108.4 112.4 112.9 104.5 118.7 114.4 116.6 * *
NOTE: * = Disturbed Sample
PLATE
PROJECT NUMBER 7403.05 DATE 5/8/2017
1 Moisture Content and Unit Weight of Soil
(ASTM D 2216 & D 2937)
Laboratory Test Results
Project:

Project No.:

Project Location:

Runway rehab
7403.05
Ukiah Ca.

Client: Mead & Hunt
299

P:\7400\7403 Mead & Hunt\7403.05 Ukiah Airport\07 Material Testing\Lab Tests\ASTM D422 Particle Size B2 Comp & in-place Page Project No.
1 7403.05
Project Tested By Date
BC 5/22/17
Sample ID Client Checked By Date
BAV 9/13/2017
CLAY

COARSE FINE COARSE MEDIUM FINE
GRAVEL= 6.8% GRAVEL= passing 3" and retained on #4 sieve SAND= 37.5% SAND= passing #4 sieve and retained on #200 sieve SILT= 34.9% SILT= 0.074mm to 0.005mm
CLAY= 20.8% CLAY= smaller than 0.005mm

SAMPLE LOCATION SOIL CLASSIFICATION
Ukiah Airport

COBBLES GRAVEL SAND SILT
B2 Comp

PARTICLE SIZE ANALYSIS
WORKSHEET (ASTM D422)
Runway 15-33 Rehabilitation and
Taxiway Realignment Design
Mead & Hunt, Inc.

0.0 5.0

10.0 15.0

20.0 25.0

30.0 35.0

40.0 45.0

50.0 55.0

60.0 65.0

70.0 75.0

80.0 85.0

90.0 95.0
100.0
100 10 1 0.1 0.01 0.001 PERCENT FINER BY WEIGHT

GRAIN SIZE IN MILLIMETERS
50 5 0.5 0.05 0.005
3 2-1/221-1/2 13/41/2 3/84
81016 20304050 60100 200 270
300

P:\7400\7403 Mead & Hunt\7403.05 Ukiah Airport\07 Material Testing\Lab Tests\ASTM D422 Particle Size B6 Comp & in-place Page Project No.
1 7403.05
Project Tested By Date
BC 5/22/17
Sample ID Client Checked By Date
BAV 9/13/2017
CLAY

COARSE FINE COARSE MEDIUM FINE
GRAVEL= 11.7% GRAVEL= passing 3" and retained on #4 sieve SAND= 24.4% SAND= passing #4 sieve and retained on #200 sieve SILT= 34.1% SILT= 0.074mm to 0.005mm
CLAY= 29.8% CLAY= smaller than 0.005mm

SAMPLE LOCATION SOIL CLASSIFICATION
Ukiah Airport

COBBLES GRAVEL SAND SILT
B6 Comp

PARTICLE SIZE ANALYSIS
WORKSHEET (ASTM D422)
Runway 15-33 Rehabilitation and
Taxiway Realignment Design
Mead & Hunt, Inc.

0.0 5.0

10.0 15.0

20.0 25.0

30.0 35.0

40.0 45.0

50.0 55.0

60.0 65.0

70.0 75.0

80.0 85.0

90.0 95.0
100.0
100 10 1 0.1 0.01 0.001 PERCENT FINER BY WEIGHT

GRAIN SIZE IN MILLIMETERS
50 5 0.5 0.05 0.005
3 2-1/221-1/2 13/41/2 3/84
81016 20304050 60100 200 270
301

302

P:\7400\7403 Mead & Hunt\7403.05 Ukiah Airport\07 Material Testing\Lab Tests\ASTM D4318 Atterberg Limits B2 Comp. in-place

SAMPLE ID
Ukiah Airport, Ukiah, California
*
Groove closure = 13mm
Run 3

PLASTIC LIMIT

15.01 14.04

0.97 13.19

0.84 Run 2

PROJECT

SOIL TYPE

LOCATION
CLIENT

CHECKED BY
Mead & Hunt, Inc

CHECK DATE

ATTERBERG LIMITS
ASTM D-4318
Runway 15-33 Rehabilitation and Taxiway Realignment Design JOB NO. 7403.05 SHEET Sandy Lean Clay
B2 Comp
BAV 9/20/17
TEST BY BC 5/22/17
1 of 1
DATE
Point 1 Point 2 Point 3

14.03 Run 1

26.83 26.34
Dry Soil (gm)
Water (gm)
Tare (gm)
*
Number of Blows

27.71 24.57

3.14 14.19

10.38 30%
34 Tare + Wet Soil (gm)
Tare + Dry Soil (gm)
Water Content (%) 32%

23.33 3.01

14.18 9.15
33%

23.76 3.07

14.17 9.59
24 17

31.6 13.8

17.8 PLASTIC LIMIT =
PLASTICITY INDEX =
LIQUID LIMIT =

7.10 6.09
14%

6.99 14%

7.05 29.0%

30.0%

31.0%

32.0%

33.0%

34.0%

35.0%
1 10 100 Water content %
Number of Blows
Liquid Limit
0 10
20 30
40 50
60 0 10 20 30 40 50 60 70 80 90 100 110 PLASTICITY INDEX

LIQUID LIMIT
ML or OL
CL-ML
CL or OL
CH or OH
MH or OH
303

P:\7400\7403 Mead & Hunt\7403.05 Ukiah Airport\07 Material Testing\Lab Tests\ASTM D4318 Atterberg Limits B6 Comp. in-place

SAMPLE ID
Ukiah Airport, Ukiah, California
*
Groove closure = 13mm LIQUID LIMIT =

7.09 5.24
14%

4.59 14%

7.08 26 16

37.7 14.0

23.7 PLASTIC LIMIT =
PLASTICITY INDEX =
37%

23.32 3.67

14.14 9.18
40%

22.95 3.36

13.98 Dry Soil (gm) 8.97
Water (gm)
Tare (gm)
*
Number of Blows

26.33 23.02

3.31 13.83

9.19 36%
35 Tare + Wet Soil (gm)
Tare + Dry Soil (gm)
Water Content (%)
Point 1 Point 2 Point 3

13.07 Run 1

26.31 26.99

CHECK DATE

ATTERBERG LIMITS
ASTM D-4318
Runway 15-33 Rehabilitation and Taxiway Realignment Design JOB NO. 7403.05 SHEET Sandy Lean Clay (CL)
B6 Comp
SJM 8/4/17
TEST BY BC 5/22/17
1 of 1
DATE

PROJECT

SOIL TYPE

LOCATION
CLIENT

CHECKED BY
Mead & Hunt, Inc
Run 3

PLASTIC LIMIT

12.31 11.67

0.64 12.33

0.74 Run 2

35.0%

36.0%

37.0%

38.0%

39.0%

40.0%

41.0%

42.0%
1 10 100 Water content %
Number of Blows
Liquid Limit
0 10
20 30
40 50
60 0 10 20 30 40 50 60 70 80 90 100 110 PLASTICITY INDEX

LIQUID LIMIT
ML or OL
CL-ML
CL or OL
CH or OH
MH or OH
304

P:\7400\7403 Mead & Hunt\7403.05 Ukiah Airport\07 Material Testing\Lab Tests\ASTM D4318 Atterberg Limits B8 Comp

SAMPLE ID
Ukiah Airport, Ukiah, California
*
Groove closure = 13mm LIQUID LIMIT =

7.06 6.30
15%

7.14 15%

7.12 24 18

21.2 15.3

5.9 PLASTIC LIMIT =
PLASTICITY INDEX =
21%

22.93 2.07

13.69 9.24
22%

23.08 1.95

14.01 Dry Soil (gm) 9.07
Water (gm)
Tare (gm)
*
Number of Blows

24.36 22.60

1.76 13.94

8.66 20%
30 Tare + Wet Soil (gm)
Tare + Dry Soil (gm)
Water Content (%)
Point 1 Point 2 Point 3

14.32 Run 1

25.03 25.00

CHECK DATE

ATTERBERG LIMITS
ASTM D-4318
Runway 15-33 Rehabilitation and Taxiway Realignment Design JOB NO. 7403.05 SHEET Silty Sand (SM)
B8 Comp
BAV 9/19/17
TEST BY BC 5/22/17
1 of 1
DATE

PROJECT

SOIL TYPE

LOCATION
CLIENT

CHECKED BY
Mead & Hunt, Inc
Run 3

PLASTIC LIMIT

15.35 14.26

1.09 13.36

0.96 Run 2

19.0%

20.0%

21.0%

22.0%

23.0%

24.0%

25.0%
1 10 100 Water content %
Number of Blows
Liquid Limit
0 10
20 30
40 50
60 0 10 20 30 40 50 60 70 80 90 100 110 PLASTICITY INDEX

LIQUID LIMIT
ML or OL
CL-ML
CL or OL
CH or OH
MH or OH
305

Project Name: Runway Rehabilitation
Project No.: 7403.05
Sample No.: B8 Comp
Date Sampled.: 5/2/17
Material Description: Silty Sand with Gravel
Location: Ukiah Airport
Report Date: 5/10/2017
MAXIMUM DRY DENSITY(PCF) 121.5
OPTIMUM MOISTURE CONTENT (%) 11.5
Reviewed by: BAV
Note : Test performed in accordance with ASTM D 698 Method C PLATE
7403.05 DATE 5/10/2017 Runway Rehabilitation

LABORATORY COMPACTION TEST DATA
PROJECT NUMBER 1

90.0 100.0
110.0
120.0
130.0
140.0
150.0

0.0 5.0 10.0 15.0 20.0 25.0 30.0 35.0 Dry Density - Pounds Per Cubic Foot Moisture - Percent Of Dry Weight
Zero Air Voids Curves
At 100% Saturation
Sp. GR

2.75 2.70

2.65 Rock Corr.

Curve
306

Project Name: Runway Rehabilitation
Project No.: 7403.05
Sample No.: B10 Comp
Date Sampled.: 5/2/2017
Material Description: native
Location: Ukiah Airport
Report Date: 5/11/2017
MAXIMUM DRY DENSITY(PCF) 120.0
OPTIMUM MOISTURE CONTENT (%) 12.0
PLATE
Note : Test performed in accordance with ASTM D 698

COMPACTION TEST DATA
1 Runway Rehabilitation PROJECT NUMBER 7403.05 DATE 11-May-17

90.0 100.0
110.0
120.0
130.0
140.0
150.0

0.0 5.0 10.0 15.0 20.0 25.0 30.0
Zero Air Voids Curves
At 100% Saturation
Sp. GR

2.75 2.70

2.65 2.60
307

Project No. 7403.05 Date Tested
Project name Runway Rehab Material Type Sandy Lean Clay with Gravel Client Mead and Hunt Target Dry Density 109.7 pcf
Sample ID. B2 Comp Sample Dry Density 104.4 pcf
Reviewed by BAV Review Date
Penetration (in) 0.1 0.2
Std.Load (psi) 28.5 38.6
Corr. Load (psi) N/A N/A
CBR % 1.0 0.9
Swell (%) 0.5
7/26/2017
9/11/2017

CALIFORNIA BEARING RATIO TEST REPORT
ASTM D1883
0 10
20 30
40 50
60 70
80 0 0.1 0.2 0.3 0.4 0.5 0.6 Load (psi)
Penetration (in)
308

Project No. 7403.05 Date Tested
Project name Runway Rehab Material Type
Client Mead and Hunt Target Dry Density 104.5 pcf
Sample ID. B6 Comp Sample Dry Density 90.6 pcf
Reviewed by BAV Review Date 9/19/2017
Penetration (in) 0.1 0.2
Std.Load (psi) 6.2 6.2
Corr. Load (psi) N/A N/A
CBR % 0.6 0.4
Swell (%) 1.1
Sandy Lean Clay
8/23/2017

CALIFORNIA BEARING RATIO TEST REPORT
ASTM D1883
0 1
2 3
4 5
6 7
8 9
10 0 0.1 0.2 0.3 0.4 0.5 0.6 Load (psi)
Penetration (in)
309

Project No. 7403.05 Date Tested
Project name Runway Rehab Material Type
Client Mead and Hunt Target Dry Density 115.4 pcf
Sample ID. B8 Comp Sample Dry Density 114.3 pcf
Reviewed by BAV Review Date
Penetration (in) 0.1 0.2
Std.Load (psi) 123.6 160.5
Corr. Load (psi) N/A N/A
CBR % 12 11
Swell (%) 1.0
7/26/2017
Silty Sand
5/23/2017

CALIFORNIA BEARING RATIO TEST REPORT
ASTM D1883
0 50
100
150
200
250
0 0.1 0.2 0.3 0.4 0.5 0.6 Load (psi)
Penetration (in)
310

Project No. 7403.05 Date Tested
Project name Runway Rehab Material Type
Client Mead and Hunt Target Dry Density 114.0 pcf
Sample ID. B10 Comp Sample Dry Density 117.3 pcf
Reviewed by BAV Review Date
Penetration (in) 0.1 0.2
Std.Load (psi) 147.0 210.8
Corr. Load (psi) N/A N/A
CBR % 15 14
Swell (%) 1.0
7/26/2017
Sandy Lean Clay
5/2/2017

CALIFORNIA BEARING RATIO TEST REPORT
ASTM D1883
0 50
100
150
200
250
300
0 0.1 0.2 0.3 0.4 0.5 0.6 Load (psi)
Penetration (in)
311

Ukiah Municipal Airport Construction Details
Ukiah, California Runway 15-33 Pavement Rehabilitation, Phase 2 AIP No. 3-06-0268-0XX-20XX 100% Submittal 312

Ukiah Municipal Airport General Conditions Exclusion / Amendments Ukiah, California Runway 15-33 Pavement Rehabilitation, Phase 2 AIP No. 3-06-0268-0XX-20XX 100% Submittal
SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS
14-01. Provisions to be Excluded from General Conditions. The following designated provisions of the General Conditions are hereby determined to be inapplicable to the proposed work and, therefore, are hereby excluded from the terms of the Notice to Bidders, Proposal, Agreement and other contract documents as though entirely omitted from said General Conditions:
(1) Section 6-02. Office at the Site
(2) Section 7-03. Surveys
No other exclusions.

SECTION 15. AMENDMENTS TO GENERAL CONDITIONS
15-01. Sections of General Conditions to be Amended.

The following designated sections of the Special Provisions are hereby amended to read as follows:

No amendments.
313

Ukiah Municipal Airport Proposal Forms
Ukiah, California Runway 15-33 Pavement Rehabilitation, Phase 2 AIP No. 3-06-0268-0XX-20XX 100% Submittal
Proposal Forms
314

Ukiah Municipal Airport Proposal Forms
Ukiah, California Runway 15-33 Pavement Rehabilitation, Phase 2 AIP No. 3-06-0268-0XX-20XX 100% Submittal

BID SUBMITTAL CHECKLIST
_____ Proposal Form
_____ Bidding Schedule (with amounts written in both figures and words) _____ Acknowledgment of receipt of addendum (at end of bid schedule) Check the City website for any addenda issued: www.cityofukiah.com/purchasing _____ Fair Employment Practices Certification
_____
_____ Certification of Nondiscrimination in Employment
_____ List of Subcontractors
_____ Statement of Experience
_____ Signature of Bidder page
_____
_____ Non-Collusion Declaration
_____ Prohibition of Segregated Facilities
_____ Certification of Bidder Regarding Affirmative Action Program _____ Certification Regarding Foreign Trade Restrictions _____ Certificate of Buy American d for Manufactured Products _____ Non-lobbying Certification
_____ Suspension and Debarment Requirements Certification _____ Public Contract Code Sections 10285.1 Statement 10162 Questionnaire 10232 Statement _____ Drug-free Workplace Certification
_____ Certification of Offerer/Bidder Regarding Tax Delinquency and Felony Convictions

BIDDER IS ALSO REQUIRED TO SUBMIT THE FOLLOWING WRITTEN STATEMENTS OF QUALIFICATIONS AT TIME OF BID:
_____ EVIDENCE OF COMPETENCY
General Provisions Section 20-02 of the project Special Provisions for details). _____ EVIDENCE OF FINANCIAL RESPONSIBILITY
(See FAA General Provisions Section 20-02 of the project Special Provisions for details). 315

Ukiah Municipal Airport Proposal Forms
Ukiah, California Runway 15-33 Pavement Rehabilitation, Phase 2 AIP No. 3-06-0268-0XX-20XX 100% Submittal

CITY OF UKIAH

MENDOCINO COUNTY, CALIFORNIA

PROPOSAL
FOR

UKIAH MUNICIPAL AIRPORT
RUNWAY 15-33 PAVEMENT REHABILITATION, PHASE 2
Specification No. 21-06
FAA AIP No. 3-06-0268-0XX-20XX
The undersigned, as bidder, declares that he or she has examined thoroughly all of the contract documents herein contained, that this proposal is made without collusion with any other person, firm or corporation and that all laws and ordinances relating to the interest of public officers in this contract have been complied with in every respect.

AND he or she proposes and agrees, if this proposal is accepted, 1) that he or she will contract with the City of Ukiah, Mendocino County, California, in the form of the copy of the agreement herein contained
a) to provide all necessary machinery, tools, apparatus and other means of construction; b) to furnish all materials;
c) to provide all superintendence, overhead expenses and all labor and expenses of whatever nature necessary to complete the job in conformity with the specifications and drawings and other contract provisions herein or reasonably implied hereby or as necessary to complete the work in the manner and within the time named herein and according to the requirements and to the reasonable satisfaction of the City Engineer; d) to pay all charges of freight transportation and hauling; 2) that he or she indemnifies the City against any loss or damage arising from any act of the undersigned as Contractor; and
3) that he or she will accept as full payment therefor the following sums:
316

Ukiah Municipal Airport Proposal Forms
Ukiah, California Runway 15-33 Pavement Rehabilitation, Phase 2 AIP No. 3-06-0268-0XX-20XX 100% Submittal

BIDDING SCHEDULE
(if applicable) as listed on the Bid Schedule in clearly legible figures and words, in the respective spaces provided for this purpose. This price shall include all materials, labor, mobilization efforts, and all incidentals required to complete the work for this Project.
itten
in numbers, the unit price written in words shall govern.

In the case of any discrepancy between the unit price and the total set forth for the item, the unit price shall prevail; provided, however, that if the amount set forth as a unit price is ambiguous, unintelligible or uncertain the following:

1. 2.
quantity for the item and the price thus obtained shall be the unit price.

The Total Base Bid shall be the sum of the items in the of the items in the items
shall prevail. The bid comparison will be based on the sum of the items in the The Unit prices for the various Construction Items below include all costs associated with the General Conditions, Special Provisions, Requirements of the Construction Contract, and represent the total, complete, in-place cost for each specific Construction Item in accordance with the Construction Documents, including all elements, work components, accessories, and connections, shown in applicable details or required to yield a complete, sound and functional component or system appropriate for its intended function, whether or not such is specifically described or listed in any description of measurement or payment. The total amount of the Construction items below shall represent the total and complete cost of the fully functional Project. All work not specifically listed below be required to complete the work of the various construction items and the cost of such shall be considered as included throughout the various unit prices indicated. 317

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BID SCHEDULE

UKIAH MUNICIPAL AIRPORT
RUNWAY 15-33 PAVEMENT REHABILITATION PHASE 2
AIP NO. 3-06-0268-0xx-20xx
BID SCHEDULE 1
ITEM
NO. SPEC. REF ITEM DESCRIPTION UNIT QTY

UNIT PRICE TOTAL
Price
(Figures) Figures in Words (dollars & cents)
1 SP-100-3.1 Airfield Safety and Traffic Control LS 1 $ $ 2 C-105-6.1 Mobilization LS 1 $ $
3 SP-100-3.3 SWPPP LS 1 $ $
4 SP-100-3.2 Construction Surveys LS 1 $ $
5 SP-100-3.3a Place Fiber Sediment Roll LF 1,100 $ $
6 SP-100-3.3b Place Inlet Protection EA 15 $ $
7 P-608-8.1 Emulsified Asphalt Seal Coat SY 6,000 $ $
8 P-620-5.1a Marking Removal SF 18,600 $ $
9 P-620-5.1b.1 White Marking with Reflective Media SF 18,100 $ $ 10 P-620-5.1b.2 Yellow Marking with Reflective Media SF 700 $ $ 11 P-620-5.1b.3 Black Marking SF 11,300 $ $
318

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ITEM
NO. SPEC. REF ITEM DESCRIPTION UNIT QTY

UNIT PRICE TOTAL
Price
(Figures) Figures in Words (dollars & cents)
12 L-108-5.1a No. 8 AWG, 5 kV, L-824, Type C Cable,
Installed in Duct Bank or Conduit LF 15,300 $ $
13 L-108-5.2a
No. 6 AWG, Solid, Bare Copper
Counterpoise Wire, Installed in Trench,
Above the Duct Bank or Conduit,
Including Connections/Terminations
LF 12,100 $ $
14 L-110-5.1a Non-Encased Electrical Duct Bank, 1-
Way, 2-Inch LF 1,100 $ $
15 L-110-5.1b Concrete Encased Electrical Duct Bank,
1-Way, 2-Inch LF 11,000 $ $
16 L-115-5.1 H-20 Rated Electrical Handhole, Standard EA 1 $ $ 17 L-115-5.2 Aircraft Rated Electrical Handhole, Spring EA 1 $ $ 18 NS-110.2 Directional Bore 2W- LF 700 $ $
19 NS-101 Locate and Protect Existing Airfield
Electrical LS 1 $ $
20 125-5.1a LED Medium Intensity Runway Edge
Light, L-861(L) EA 42 $ $
21 125-5.1b LED Medium Intensity Threshold Edge
Light, L-861E(L) EA 16 $ $
22 125-5.1c LED Medium Intensity Taxiway Edge
Light, L-861T(L) EA 37 $ $
23 125-5.2a LED Guidance Sign, Size 1, L-858(L),
Style 2 EA 5 $ $
24 125-5.2b LED Guidance Sign, Size 1, L-858(L),
Style 2 EA 1 $ $
25 125-5.5 Miscellaneous Lighting Equipment LS 1 $ $
319

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ITEM
NO. SPEC. REF ITEM DESCRIPTION UNIT QTY

UNIT PRICE TOTAL
Price
(Figures) Figures in Words (dollars & cents)
26 125-5.6a Remove Rwy Fixture EA 42 $ $
27 125-5.6b Remove Twy Fixture EA 8 $ $
28 125-5.6c Remove Airfield Guidance Sign EA 7 $ $
29 125-5.6d Remove Rwy Threshold Edge Light EA 16 $ $
30 SP-100-3.4 Remove and Salvage Existing Constant
Current Regulator, Complete EA 2 $ $
31 SP-100-3.5 Install 10kW Ferroresonant CCR,
Complete EA 2 $ $
TOTAL Bid Schedule 1 in Figures $
Total Base Bid Schedule 1 in Words:
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BID SCHEDULE 2 REIL Replacment & PAPI (FAA Funded)
ITEM
NO. SPEC. REF ITEM DESCRIPTION UNIT QTY

UNIT PRICE TOTAL
Price
(Figures) Figures in Words (dollars & cents)
1 SP-100-3.3a Place Fiber Sediment Roll LF 4200 $ $
2 L-108-5.1b No.12 AWG, 600V, XHHW-2 or RHW-2,
Installed in Duct Bank or Conduit LF 4,150 $ $
3 L-108-5.1c No. 8 AWG, 600V, XHHW-2 or RHW-2,
Installed in Duct Bank or Conduit LF 4,170 $ $
4 L-108-5.1d
No. 6 AWG, 600V, XHHW-2 or RHW-2,
Insulated Ground, Installed in Duct Bank
or Conduit
LF 9,650 $ $
5 L-108-5.1e 2PR No. 18 AWG, RS485, Installed in
Duct Bank or Conduit LF 1,050 $ $
6 L-108-5.1f 6PR Shielded No. 18 AWG, Installed in
Duct Bank or Conduit LF 3,100 $ $
7 L-108-5.1g
No. 6 AWG, 600V, XHHW-2 or RHW-2,
Insulated, Installed in Duct Bank or
Conduit
LF 6,450 $ $
8 L-108-5.1h
No. 2 AWG, 600V, XHHW-2 or RHW-2,
Insulated, Installed in Duct Bank or
Conduit
LF 950 $ $
9 L-108-5.2b
No. 1/0 AWG, Solid, Bare Copper Guard
Wire, Installed in Trench, Above the Duct
Bank or Conduit, Including
Connections/Terminations
LF 2,445 $ $
10 L-110-5.1b Concrete Encased Electrical Duct Bank,
1-Way, 2-Inch LF 790 $ $
11 L-110-5.1c Concrete Encased Electrical Duct Bank,
2-Way, 2-Inch LF 250 $ $
321

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12 L-110-5.1d Concrete Encased Electrical Duct Bank,
4-Way, 2-Inch LF 800 $ $
13 L-110-5.1e Concrete Encased Electrical Duct Bank,
5-Way, 2-Inch LF 400 $ $
14 L-110-5.1f Concrete Encased Electrical Duct Bank,
6-Way, 2-Inch LF 185 $ $
15 L-110-5.1g Concrete Encased Electrical Duct Bank,
7-Way, 2-Inch LF 20 $ $
16 L-115-5.3 H-20 Rated Electrical Handhole, Spring EA 15 $ $ 17 L-115-5.4 Electrical Junction Structure, L-868B with Steel Lid EA 2 $ $
18 NS-110.1 Directional Bore 2W- LF 160 $ $
19 125-5.3 Install FAA-Furnished LED PAPI, L880(L) SET 1 $ $ 20 125-5.4 Install FAA-Furnished LED Runway End
Identification Light, L849(L) SET 2 $ $
21 125-5.7a Remove FAA Owned VASI System LS 1 $ $
22 125-5.7b Remove FAA Owned Rwy 33 REIL
System LS 1 $ $
23 SP-100-3.6 Install new RWY 15 PAPI & REIL
Electric Service LS 1 $ $
TOTAL Bid Schedule 2 in Figures $
Total Base Bid Schedule 2 in Words:
322

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Acknowledgment of Addenda
Signature/Title
Addendum No. Initial
Company
Contractor's License Number/Expiration Date
NOTE: Contractor License Number and Expiration Date stated herein are made under penalty of perjury.
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We, the undersigned, acknowledge that the City Council has reserved the right to reject any or all bids and to determine which proposal is, in its opinion, the lowest responsive bid from a responsible bidder and that which it deems in the best interest of the City to accept. We, the undersigned, further agree, if this proposal shall be accepted, to sign the agreement and to furnish the required bonds with satisfactory surety, or sureties, within fifteen (15) calendar days after written notice that the contract is ready for signature; and, if the undersigned shall fail to contract, as aforesaid, it shall be understood that he or she has abandoned the contract and that, therefore, this proposal shall be null and void and the proposal guaranty accompanying this proposal, or the amount of said guaranty, shall be forfeited to and become the property of the City. Otherwise, the proposal guaranty accompanying this proposal shall be returned to the undersigned.

Witness our hands this day of ___________________, 20____.

Licensed in accordance with an act providing for the registration of California Contractors License No. ___________, expiration date _____________.

THE CONTRACTOR'S LICENSE NUMBER AND EXPIRATION DATE STATED HEREIN ARE MADE UNDER PENALTY OF PERJURY.

Department of Industrial Relations Public Works Contractor Registration Number:_____________________ Signature of bidder or bidders, with business name, address, phone number and fax number:
_________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Notice: In the case of a corporation, give below the addresses of the principal office thereof and names and addresses of the President, Secretary, Treasurer.
_________________________________________________________________ _________________________________________________________________ _________________________________________________________________ 324

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FAIR EMPLOYMENT PRACTICES CERTIFICATION
TO:_____________________________________________________________ ________________________________________________________________ The undersigned, in submitting a bid for performing the following work by Contract, hereby certifies that he or she has or will meet the standards of affirmative compliance with the Fair Employment Practices requirements of the Special Provisions contained herein.

RUNWAY 15-33 PAVEMENT REHABILITATION, PHASE 2
________________________________________________________________ (Signature of Bidder)
Business Mailing Address:
_________________________________________________
_________________________________________________
_________________________________________________
Business Location:
_________________________________________________
_________________________________________________
(The bidder shall execute the certification of this page prior to submitting his or her proposal.) 325

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WORKER'S COMPENSATION CERTIFICATE
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Worker's Compensation or undertake self-insurance in accordance with the provisions of that code and I will comply with such provisions before commencing the performance of the work of this contract.

Witness my hand this________ day of _______________, 202____ Signature of Bidder, with Business Address:
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
326

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CERTIFICATION OF NONDISCRIMINATION IN EMPLOYMENT
Bidder's Statement On Previous Contracts Subject to EEO Clause (Reference 41 CFR § 60-1.4, Executive Order 11246)
Each bidder, prospective prime contractor, and proposed subcontractor must complete the following form:

The Bidder (Proposer) shall complete the following statement by checking the appropriate boxes.

The Bidder (Proposer) has has not participated in a previous contract subject to the equal opportunity clause prescribed by Executive Order 10925, or Executive Order 11114, or Executive Order 11246.

The Bidder (Proposer) has has not submitted all compliance reports in connection with any such contract due under the applicable filing requirements; and that representations indicating submission of required compliance reports signed by proposed subcontractors will be obtained prior to award of subcontracts.

If the Bidder (Proposer) has participated in a previous contract subject to the equal opportunity clause and has not submitted compliance reports due under applicable filing requirements, the Bidder (Proposer) shall submit a compliance report on Standard Form 100, "Employee Information Report EEO 1", prior to the award of contract.

Date Signature and Title
327

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

SUBCONTRACTOR
NAME

SUBCONTRACTOR

LICENSE NUMBER

SUBCONTRACTOR

DIR REGISTRATION
NUMBER

SUBCONTRACTOR

BUSINESS

ADDRESS

DESCRIPTION OF
WORK
328

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STATEMENT OF EXPERIENCE OF BIDDER
The bidder is required to state below what work of similar magnitude or character he or she has done and to give references that will enable the City Council to judge of his or her experience, skill and business standing and his or her ability to conduct work as completely and rapidly as required under the terms of the contract. ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ 329

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

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

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

License No. ______________________________, License Expiration Date .

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

Business address: ___________________________________________________ ___________________________________________________
Place of residence: ___________________________________________________ ___________________________________________________
Dated: __________________
330

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CITY OF UKIAH
Mendocino County, California

BIDDER'S BOND

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

THE CONDITION OF THIS OBLIGATION IS SUCH,
That whereas the Principal has submitted the above mentioned bid to the City of Ukiah, as aforesaid, for certain construction specifically described as follows, for which bids are to be opened at the Office of the City Clerk, Ukiah Civic Center, Ukiah, California, on July 10, 2022 for RUNWAY 15-33 PAVEMENT REHABILITATION, PHASE 2
NOW, THEREFORE, If the aforesaid Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him or her for signatures, enters into a written contract, in the prescribed form, in accordance with the bid and files two bonds with the City of Ukiah, one to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue.

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this ______ day of ________________, A.D. 20_____.
__________________________________________________(Seal) __________________________________________________(Seal) __________________________________________________(Seal) Principal
__________________________________________________(Seal) __________________________________________________(Seal) __________________________________________________(Seal) Surety
Address: __________________________________________________________ __________________________________________________________ __________________________________________________________ 331

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

To City Council, City of Ukiah:

The undersigned in submitting a bid for performing RUNWAY 15-33 PAVEMENT REHABILITATION, PHASE 2 by contract, being duly sworn, deposes and says:
that he or she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract.
__________________________________________________
__________________________________________________
__________________________________________________
Signature(s) of Bidder
Business Address:__________________________________________________ __________________________________________________
__________________________________________________
Place of Residence:__________________________________________________ __________________________________________________
__________________________________________________

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

My Commission Expires ________________________, 20 ____. 332

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PROHIBITION of SEGREGATED FACILITIES
(a) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Opportunity clause in this contract.
(
rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin because of written or oral policies or employee custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes.
(c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Opportunity clause of this contract. _______________________________________
Date Signature and Title
___________________________________________
IRS Employer Identification Number
333

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CERTIFICATION OF BIDDER REGARDING

AFFIRMATIVE ACTION PROGRAM
(REFERENCE: 41 CFR PART 60-4, EXECUTIVE ORDER 11246)
The bidder hereby certifies that he is in compliance with the Civil Rights Act of 1964, Executive Order No. 11246, Employment Practices Act, and any other applicable Federal and State laws and regulations relating to equal opportunity employment.

Bidder's Name:

Address:

Name and Title of Signer:
________________________________
Date Signature
NOTE: The contractor to whom the Contract is awarded shall submit a statement each month certifying that he is in conformance with the Affirmative Action Program. 334

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CERTIFICATION REGARDING FOREIGN TRADE RESTRICTIONS
The contractor or subcontractor, by submission of an offer and/or execution of a contract, certifies that it:
a. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR);
b. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list; c. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list.

Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a contractor or subcontractor who is unable to certify to the above. If the contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract at no cost to the Government.

Further, the contractor agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The contractor may rely on the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous.

The contractor shall provide immediate written notice to the sponsor if the contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide written notice to the contractor if at any time it learns that its certification was erroneous by reason of changed circumstances.

This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract or subcontract for default at no cost to the Government.

Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001.

Date Signature
335

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CERTIFICATE OF BUY AMERICAN COMPLIANCE FOR MANUFACTURED PRODUCTS (Type 2 - Non-building construction projects, equipment acquisition projects) PROJECT NAME:

AIRPORT NAME:

AIP NUMBER:

This solicitation and any resulting contract(s) are subject to the Buy America requirements of 49 U.S.C.

Section 50101. The bidder certifies it and all associated subcontractors will comply with the Buy American preferences established under Title 49 U.S.C. Section 50101 as follows:

U.S.C. Section 50101 - Buying goods produced in the United States The contractor agrees to comply with 49 USC § 50101, which provides that Federal funds may not be obligated unless all steel and manufactured goods used in AIP-funded projects are produced in the United States, unless the FAA has issued a waiver for the product; the product is listed as an Excepted Article, Material Or Supply in Federal Acquisition Regulation subpart 25.108; or is included in the FAA Nationwide Buy American Waivers Issued list.

A bidder or offeror must submit the appropriate Buy America certification (below) with all bids or offers on AIP funded projects. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive.

Type of Certification is based on Type of Project:

There are two types of Buy American certifications.

For projects for a facility, the Certificate of Compliance Based on Total Facility (Terminal or Building Project) must be submitted.

For all other projects, the Certificate of Compliance Based on Equipment and Materials Used on the Project (Non-building construction projects such as runway or roadway construction; or equipment acquisition projects) must be submitted.

As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and submit this certification statement with their proposal. The bidder or offeror must indicate how they intend to comply with 49 USC § 50101 by selecting one on the following certification statements. These statements are mutually exclusive. Bidder must select one or the other (not both) by inserting a checkmark ( ) or the Bidder or offeror hereby certifies that it will comply with 49 USC § 50101 by:
a) Only installing steel and manufactured products produced in the United States, or; b) Installing manufactured products for which the FAA has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy American Waivers Issued listing, or; c) Installing products listed as an Excepted Article, Material or Supply in Federal Acquisition Regulation Subpart 25.108.

By selecting this certification statement, the bidder or offeror agrees:

1. To provide to the Owner evidence that documents the source and origin of the steel and manufactured product.

2. To faithfully comply with providing US domestic product

3. To furnish US domestic product for any waiver request that the FAA rejects

4. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified.

The bidder or offeror hereby certifies it cannot comply with the 100% Buy American Preferences of 49 USC § 50101(a) but may qualify for either a Type 3 or Type 4 waiver under 336

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49 USC § 50101(b). By selecting this certification statement, the apparent bidder or offeror with the apparent low bid agrees:

1. To the submit to the Owner within 15 calendar days of the bid opening, a formal waiver request and required documentation that support the type of waiver being requested.

2. That failure to submit the required documentation within the specified timeframe is cause for a non-responsive determination may result in rejection of the proposal.

3. To faithfully comply with providing US domestic products at or above the approved US domestic content percentage as approved by the FAA.

4. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified.

Required Documentation
Type 3 Waiver - The cost of the item components and subcomponents produced in the United required documentation for a type 3 waiver is:
a) Listing of all product components and subcomponents that are not comprised of 100% US domestic content (Excludes products listed on the FAA Nationwide Buy American Waivers Issued listing and products excluded by Federal Acquisition Regulation Subpart

25.108; products of unknown origin must be considered as non-domestic products in their entirety)
b) Cost of non-domestic components and subcomponents, excluding labor costs associated with final assembly at place of manufacture.
c) Percentage of non-domestic component and subcomponent cost as compared to total g labor costs associated with final
assembly at place of manufacture.

Type 4 Waiver Total cost of project using US domestic source product exceeds the total project cost using non-domestic product by 25%. The required documentation for a type 4 of waiver is:
a) Detailed cost information for total project using US domestic product b) Detailed cost information for total project using non-domestic product False Statements: Per 49 USC § 47126, this certification concerns a matter within the jurisdiction of the Federal Aviation Administration and the making of a false, fictitious or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code.

Signature
(Name of Bidder)
Date (Name and Title of Signing Official)
337

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NON-LOBBYING CERTIFICATION

FOR FEDERAL AID CONTRACTS
The bidder or offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the bidder or offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Formaccordance with its instructions.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Date Signature
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SUSPENSION AND DEBARMENT REQUIREMENTS
FOR ALL CONTRACTS OVER $25,000
49 CFR PART 29
By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that at the time the bidder or offeror submits its proposal that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction.

The successful bidder, by administering each lower tier subcontract presently debarred or otherwise disqualified from participation in this federally assisted project. The successful bidder will accomplish this by:

1. Checking the System for Award Management at website: http://www.sam.gov

2. Collecting a certification statement similar to the Certificate Regarding Debarment and Suspension (Bidder or Offeror), above.

3. Inserting a clause or condition in the covered transaction with the lower tier contract If the FAA later determines that a lower tier participant failed to tell a higher tier that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedy, including suspension and debarment.

Signature (Name of Bidder)
Date (Name and Title of Signing Official)
Business Address
___________________________________________________
___________________________________________________
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PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT
In accordance with Public Contract Code Section 10285.1 (Chapter 376, Stats.1985), the Bidder hereby declares under penalty of perjury under the laws of the State of California that the Bidder has has not
been convicted within the preceding three years of any offenses referred to in that section including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "Bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.

Note: The Bidder must place a check mark after "has" or "has not" in one of the blank spaces provided.

The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In accordance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:

Has the Bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the following space.

PUBLIC CONTRACT SECTION 10232 STATEMENT
In accordance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.

Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
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STATE OF CALIFORNIA

DRUG-FREE WORKPLACE CERTIFICATION
STD. 21 (REV 12/93) Automated)

CERTIFICATION
I, the official named below, herby swear that I am duly authorized to legally bind the prospective contractor to the above described certification. I am fully aware that this certification, executed on the date and in the county below, is made under penalty of perjury under the laws of the State of California.

CONTRACTOR/BIDDER FIRM NAME FEDERAL ID NUMBER
(Authorized Signature) DATE EXECUTED
PRINTED NAME AND TITLE OF PERSON SIGNING TELEPHONE NUMBER (Include Area Code) TITLE
The contractor or grant recipient named above hereby certifies with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above named contractor or grant recipient will:

1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a).

2. Establish a Drug-Free Awareness Program as required by Government Code 8355(b), to inform employees about all of the following:
(a) The Dangers of drug abuse in the workplace,
(b) -free workplace,
(c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations.

3. Provide as required by Government Code 8355(c), that everyone who works on the proposed contract or grant:
(a) -free policy statement, and
(b)
contract or grant.

4. __________________ (NOT TO EXCEED 36 MONTHS), the state will regard this certificate as valid for all contracts or grants entered into between the contractor or grantee and this state agency without requiring the contractor or grantee to provide a new individual certificate for each contract or grant. If the contractor or grantee elects to fill in the blank date, then the terms of this certificate shall have the same force, meaning, effect and enforceability as if a certificate were separately, specifically, and individually provided for each contract or grant between the contractor or grantee and this state agency.

ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654-3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. 341

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CERTIFICATION OF OFFERER/BIDDER REGARDING TAX DELINQUENCY

AND FELONY CONVICTIONS
The applicant must complete the following two certification statements. The applicant must indicate its current status as it relates to tax delinquency and felony conviction by inserting a checkmark ( ) in the space following the applicable response. The applicant agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification in all lower tier subcontracts.

Certifications
The applicant represents that it is ( ) is not ( ) a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

The applicant represents that it is ( ) is not ( ) a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months.

Note
If an applicant responds in the affirmative to either of the above representations, the applicant is ineligible to receive an award unless the sponsor has received notification from the agency suspension and debarment official (SDO) that the SDO has considered suspension or debarment and determined that further action is owner about its tax liability or conviction to the Owner, who will then notify the FAA Airports District Office, decisions are made.

Term Definitions
Felony conviction: Felony conviction means a conviction within the preceding twenty-four (24) months of a felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the U.S. code that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 U.S.C. § 3559.

Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

Date Signature
Company Name Title
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Sample Forms
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CITY OF UKIAH
Mendocino County, California

AGREEMENT
FOR
RUNWAY 15-33 PAVEMENT REHABILITATION, PHASE 2
Specification No. 21-06
THIS AGREEMENT, made this ______ day of ___________________, 20____, by and between the City of Ukiah, Mendocino County, California, hereinafter called the City and _______________________ hereinafter called the Contractor,
WITNESSETH:

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

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

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

That the City shall pay the Contractor the prices stated in the proposal submitted by the Contractor, for complete performance of the contract by the Contractor. The Contractor hereby agrees to accept the prices as full compensation for all material and appliances necessary to the work, for all labor and use of tools and other implements necessary to execute the work contemplated in this contract; for all loss or damage arising out of the nature of the work or from the action of the elements, or from any unforeseen obstructions or difficulties which may be encountered in the prosecution of the work; for all risks of every description connected therewith; for all expenses of the work, as herein specified; for all liability and other insurance, for all overhead and other expenses incident to the work; all according to the Contract Drawings, the Special Provisions, the Details, the instructions and the requirements of the City.

Article III. Labor Discrimination.

Attention is directed to Section 1735 of the Labor Code, which reads as follows:
"No discrimination shall be made in the employment of persons upon public works because of the race, color, national origin or ancestry, or religion of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter." In connection with the performance of work under this contract, the Contractor agrees as follows:
(a) The Contractor will not willfully discriminate against any employee or an applicant for employment because of race, color, religion, ancestry, or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, ancestry, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the awarding authority setting forth the provisions of this Fair Employment Practice section. (b) The Contractor will send to each labor union or representative of workers with which he or she has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the awarding authority, advising the said labor union or worker's representative of the Contractor's commitments under this section, to employees and applicants for employment. (c) The Contractor will permit access to his or her records of employment, employment advertisements, application forms and other pertinent data and records by the Fair Employment Practices Commission, City of Ukiah or any other appropriate agency of the State of California designated by the awarding authority, for the purposes of investigation to ascertain compliance with the Fair Employment Practices section of this contract. 346

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(d) A finding of willful violation of the Fair Employment Practices section of this Contract or of the Fair Employment Practices Act shall be regarded by the awarding authority as a basis for determining the Contractor to be not a "responsible bidder" as to future contracts for which such Contractor may submit bids, for revoking the Contractor's pre-qualification rating, if any and for refusing to establish, reestablish or renew a pre-qualification rating for the Contractor.

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

Upon receipt of such written notice from the Fair Employment Practices Commission, the City shall notify the Contractor that unless he or she demonstrates to the satisfaction of the awarding authority within a stated period that the violation has been corrected, his or her pre-qualification rating will be revoked at the expiration of such period. (e) The Contractor agrees that should the City determine that the Contractor has not complied with the Fair Employment Practices section of this Contract, then pursuant to Labor Code Section 1735 and 1775 the Contractor shall, as a penalty to the City, forfeit for each calendar day or portion thereof, for each person who was denied employment as a result of such non-compliance, the penalties provided in the Labor Code for violation of prevailing wage rates. Such monies may be recovered from the Contractor. The City may deduct any such damages from any monies due the Contractor. (f) Nothing contained in this Fair Employment Practices section shall be construed in any manner of fashion so as to prevent the City or the State of California from pursuing any other remedies that may be available at law.
(g) Prior to awarding the Contract, the Contractor shall certify to the awarding authority that he or she has or will meet the following standards for affirmative compliance, which shall be evaluated in each case by the awarding authority:
(1) The Contractor shall provide evidence, as required by the City that he or she has notified all supervisors, foremen and other personnel officers in writing of the content of the anti-discrimination clause and their responsibilities under it.
(2) The Contractor shall provide evidence, as required by the City, that he or she has notified all Department of Employment) of the content of the anti-discrimination clause. (3) The Contractor shall file a basic compliance report, as required by the City. Willfully false statements made in such reports shall be punishable as provided by law. The compliance report shall also spell out the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire.
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(4) Personally, or through his or her representatives, the Contractor shall, through negotiations with the unions with whom he or she has agreements, attempt to develop an agreement which will:
a. Spell out responsibilities for nondiscrimination in hiring, referral, upgrading and training. b. Otherwise implement an affirmative anti-discrimination program in terms of the unions' specific areas of skill and geography to the end that qualified minority workers will be available and given and equal opportunity for employment.
(5) The Contractor shall notify the City of opposition to the anti-discrimination clause by individuals, firms or organizations during the period of its pre-qualification. (h) The Contractor will include the provisions of the foregoing paragraphs 1 through 5 in every first tier subcontract so that such provisions will be binding upon each such subcontractor. (i) The "Fair Employment Practices Certification" must be completed and signed prior to the time of submitting the bid.

Article IV. Parts of the Contract.

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

1. Notice to Bidders

2. Wage Rates

3. General Conditions

4. Technical Specifications

5. Proposal

6. Fair Employment Practices Certification

7. Agreement

8. Contract Bonds

9. Contract Drawings and Construction Details

10. Standard Drawings

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

CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA
By: ______________________________________________________________

CITY MANAGER, CITY OF UKIAH
Attest: ______________________________________________________________

CITY CLERK, CITY OF UKIAH
By: ______________________________________________________________

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

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

Contractor is
_________________________________________________________________________________ ___________________________________________ for Ukiah.

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

Accordingly, Contractor agrees as follows:

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

CONTRACTOR
BY: _______________________________________________
TITLE: _______________________________________________
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CITY OF UKIAH
Mendocino County, California

FAITHFUL PERFORMANCE BOND

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

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

WHEREAS, the Principal has entered into a certain Contract with the City, dated __________, 20_____, a copy of which is hereto attached and made a part hereof, NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the prosecution of the work under the Contract, in default of which such persons shall have a direct right of action hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect.

No modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City shall in any way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification, extension, or forbearance is hereby waived.

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

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

The total amount of premium charges is $____________________________.. (The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be attached).
(CERTIFICATE AS TO CORPORATE PRINCIPAL)
I,_________________________________________, certify that I am the ______________________________ Secretary of the corporation named as Principal in the foregoing bond; that _______________________________________, who signed the said bond on behalf of the Principal, was then ____________________________________________ of said corporation; that I know his signature, and that his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said corporation by authority of its governing body. ____________________________________________ Affix Corporate Seal 353

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CITY OF UKIAH
Mendocino County, California

MATERIAL AND LABOR BOND

KNOW ALL MEN BY THESE PRESENTS,
That we the undersigned, ______________________________________________________ __________________________________________________________________________, AS PRINCIPAL, and
__________________________________________________________________________ __________________________________________________________________________, AS SURETY, are held firmly bound unto THE CITY OF UKIAH of
________________________dollars ($____________________) for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally.

WHEREAS, the Principal has entered into a certain Contract with the City, dated _________________, 20_____,
a copy of which is hereto attached and made a part hereof, NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the prosecution of the work under the Contract, in default of which such persons shall have a direct right of action hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect.

No modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City shall in any way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification, extension, or forbearance is hereby waived.

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

In the presence of:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

12. An executed copy of the bond must be attached to each copy of the Contract (original counterpart) intended for signing.
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CITY OF UKIAH
Mendocino County, California

DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND

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

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

Signed, sealed, and dated this __________ day of ____________, 20_____. __________________________________________________(Seal) BY:_______________________________________________(Seal) __________________________________________________(Seal) Principal
__________________________________________________(Seal) BY:_______________________________________________(Seal) __________________________________________________(Seal) Surety
358

Agenda Item No: 12.a.

MEETING DATE/TIME: 2/7/2024

ITEM NO: 2024-1485

AGENDA SUMMARY REPORT
SUBJECT: Conduct a Public Hearing to Solicit Public Comment Regarding the Intent to Apply for United States Department of Agriculture (USDA) Funding in the Amount of $220,000 for the Purchase of a New Wheel Loader.

DEPARTMENT: Public Works PREPARED BY: Andrea Trincado, Grants Manager PRESENTER: Tim Eriksen, Public Works Director
ATTACHMENTS:

1. USDA-RD-FS-CY2022DisasterWaterGrants

2. Example -Brochure_926 Wheel Loader
Summary: Staff is in the process of applying to the United States Department of Agriculture (USDA) for a grant to purchase a new wheel loader. The application requires that the City conduct a public hearing to give community members an opportunity to comment on the intent to apply for funding.

Council is requested to conduct a public hearing to receive a report from Staff regarding the application to USDA for funding for a new wheel loader and receive public comment related to the intent to apply.

Background: The City is applying for funding under the USDA Calendar Year 2022 Disaster Water Grant which provides funding in response to facilities impacted by federally declared disasters in calendar year 2022.

The City qualifies for this grant due to impacts from the storm events that occurred in December 2022 and January 2023. As a result of this event, City facilities experienced localized flooding and impacts from debris left behind. The purchase of a new wheel loader will aid the City with any remaining or future clean-up and mitigation efforts for disaster relief.

If awarded, the USDA Community Facilities Disaster Repair Grant would provide $220,000 of funding towards a new wheel loader, which has an estimated cost of $290,000. The City would be responsible for providing the remaining $70,000. The City has adequate funds budgeted in the sewer and water enterprise funds to cover the City’s match funding.

Discussion: The Public Works Department has identified the need for a new wheel loader to assist with emergency response activities, including mobilizing barricades, sandbag station materials for community members, debris removal, and repairing other damage caused by flooding and other disaster events. Impacts from the storms experienced in December 2022 and January 2023 qualify for funding from the USDA Community Facilities Disaster Repair Grant Program. This program is available to assist rural communities with less than 20,000 residents.

For City Council's reference, attachments include a USDA Rural Development Calendar Year 2022 Disaster Water Grant Program (Attachment 1) and a brochure of an example wheel loader (Attachment 2).

Recommended Action: 1) Receive a report from Staff on the City’s intent to apply for USDA Community Facilities Disaster Repair Program Calendar Year 2022 grant funding to purchase a new wheel loader; 2) conduct a public hearing to receive public comment.

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: Dave Kirch, Fleet Maintenance Manager; Andrea Trincado, Grants Manager DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A

Together, America Prospers
Calendar Year 2022 Disaster Water Grants
What does this
program do?
Calendar Year 2022 Disaster
Water Grants help eligible
communities handle
expenses related to incidents
(Presidentially declared disasters)
that damaged water systems.

For the purposes of this program,
the term “water” refers to all
water resource infrastructure,
including drinking water,
wastewater, storm drainage, and
solid waste facilities.

Who can apply?
• Municipalities, counties,
districts, authorities, or other
political subdivisions of a state,
commonwealth, or territory
• Nonprofit organizations
• Federally recognized Tribes
• Community-based prefabricated
home organizations
What is an eligible area?
• Rural areas and towns with
populations of not more than 35,000
• Federally recognized Tribal lands
• Colonias
For a current list of Presidentially
Declared Disasters, visit the Federal
Emergency Management Agency
(FEMA) website at this link: https://
www.fema.gov/disaster/declarations.

At the time of this Notice of Funding
Opportunity (NOFO), areas in the
following states and territories
experienced qualifying events in
calendar year 2022: Alaska,
American Samoa, Arizona, California,
Colorado, Florida, Idaho, Illinois,
Kansas, Kentucky, Maine,
Massachusetts, Minnesota,
Mississippi, Missouri, Montana,
Nebraska, Nevada, New Hampshire,
New Mexico, New York, North
Carolina, North Dakota, Oklahoma,
Oregon, Puerto Rico, Rhode Island,
South Carolina, South Dakota,
Tennessee, Texas, U.S. Virgin Islands,
Vermont, Virginia, Washington, and
West Virginia.

How can funds be used?
Funds can be used to develop water
infrastructure system capacity and
resiliency to reduce or eliminate
long-term risks from hazards resulting
from (Presidentially declared)
disasters during calendar year 2022.

How do we get started?
• Applications are accepted
year-round, and can be filed
electronically using RD Apply
(available at this link:
https://tinyurl.com/ya7s437u).
• You will find a link to the RD Apply
Application Intake Guide at this link:
https://tinyurl.com/2w8ekdh3.

Applications are also accepted
through your local USDA Rural
Development office. A map and state
list can be found at this link:
https://tinyurl.com/5yuf24mx.

Who can answer questions?
The USDA Rural Development Water
and Environmental Program specialists
who serve your area can help. A list of
state-based offices is available at this
link: https://tinyurl.com/5yuf24mx.

What law governs this program?
The 2023 Consolidated Appropriations
Act (Public Law 117-328, Division N,
available at this link:
https://tinyurl.com/2hjs7jyn).

NOTE: Because information changes, always consult official program instructions or contact your local Rural Development office for help. A list is available at this link: https://go.usa.gov/xJHPE. You will find additional resources, forms, and program information at https://rd.usda.gov. USDA is an equal opportunity provider, employer, and lender.

Last Updated July 2023
ATTACHMENT 1

2/1/24, 9:49 AM 926 Wheel Loader | Cat | Caterpillar
https://www.cat.com/en_US/products/new/equipment/wheel-loaders/small-wheel-loaders/123240.html 1/9 New
Small Wheel Loaders
926

KEY SPECS
Rated Gross Power - SAE J1995
170 HP
Operating Weight
27972 lb
Bucket Capacities

1.9-5 m3 (2.5-6.5 yd3)
Example ATTACHMENT 2

2/1/24, 9:49 AM 926 Wheel Loader | Cat | Caterpillar
https://www.cat.com/en_US/products/new/equipment/wheel-loaders/small-wheel-loaders/123240.html 2/9 Overview
Configured for Success
The 926 Small Wheel Loader sets the standard for
productivity, fuel efficiency, operator comfort and low operating costs. Experience the industry benchmark.

Benefits

AUTO ENGINE
MODE
Reduces fuel consumption at
low idle.

Extended Service
Intervals
From 500 to 1000 hours,
substantially lowers service
costs.

AUTO WHEEL
TORQUE
Adjusts rim pull, reducing tire
spin and tire wear.

FEATURES AT A GLANCE
Enjoy All Day Comfort
Have a seat in the new Cat small wheel loader and enjoy automatic temperature control, class leading sound levels, enhanced all-around visibility and low-effort joystick controls that move with you on a fully adjustable seat suspension. A large spacious operator environment combined with Caterpillar hydraulic cylinder damping and smooth predictable controls make this the most comfortable seat on your jobsite.

An upgrade to multi-view camera and rear object detection gives you an extra eye on the jobsite while the new optional force feedback joystick steering keeps you feeling confident on those long shifts. The operator not present function helps to isolate the machine if you leave the environment; while seat belt notifications give you a gentle reminder to buckle up.

Efficiently Powerful
Experience the difference with an intelligent hydrostatic power train and industry leading fuel savings through a lower maximum engine speed working in combination with a new auto engine RPM mode. This provides efficiency as standard with a boost in power when you need it. Optimize traction and minimize wheel slip with a new Auto Wheel Torque system tuned to provide peak performance while maximizing Example ATTACHMENT 2

2/1/24, 9:49 AM 926 Wheel Loader | Cat | Caterpillar
https://www.cat.com/en_US/products/new/equipment/wheel-loaders/small-wheel-loaders/123240.html 3/9 tire life and keeping operating costs low. Track your production and accurately hit your load targets with Cat Payload. 250 hours of Cat Payload demonstration will be included as standard with an optional subscription for extended use.

Work Made Easy
Move more with the Caterpillar patented quick loading performance series buckets and optimized Zbar linkage with enhanced forward visibility that combines the digging efficiency of a traditional Z-bar with tool carrier capabilities. The parallel lift and high tilt forces throughout the working range allow you to confidently handle loads with precise control.

Multi-function work has never been easier with dedicated pumps for each system and a flow sharing implement valve governed by an intelligent power management system. Simultaneously lift, steer, and drive without compromise. Upgrade to autolube and tire pressure monitoring to make service easy and get to work quicker. Light the way with auto roading lights that come on at night fall.

Customize Your Experience
Meet your application requirements and individual preferences with Caterpillar industry first Hystat™ Operator Modes featuring four unique power train settings. Select classic torque converter for smooth rollout, conventional hystat for aggressive engine braking, an ice mode that maximizes your control on slippery underfoot, and an all new singlepedal mode for simplified use.

Fine tune machine performance with adjustments at your fingertips through programmable joysticks, soft touch buttons, and a new jog dial that works in combination with a standard touch screen display.

Quickly recall attachment profiles that maintain key settings for versatility on the jobsite and optimal efficiency.

Upgrades and Services
Enjoy a full range of upgrades and accessories to configure your small wheel loader for a broader range of applications.

Utilize readily available services and maintenance parts, including a range of self-service options (SSO) and dealer installed kits.

Example ATTACHMENT 2

2/1/24, 9:49 AM 926 Wheel Loader | Cat | Caterpillar
https://www.cat.com/en_US/products/new/equipment/wheel-loaders/small-wheel-loaders/123240.html 4/9 Purpose Built: Handlers Arrangements - Aggregate Handler Increased Payload: Additional counterweight improves stability without reducing ground clearance or departure angle to maximize performance.

Long Life Sand and Gravel Buckets: Performance series buckets deliver higher fill factors and better material retention for significant productivity and fuel efficiency improvements. Buckets feature a long floor, open throat, curved side bars and additional serviceable wear plates including corner guards.

Protect your Power Train: Increase your fording depth with optional elevated breathers. Remote mounted high on the machine for the front and rear axles and hydrostatic gear box. Allows settling pond cleanout without contamination.

Purpose Built: Handlers Arrangements - Waste Handler
Guard Your Investment: Choose from a complete range of optional guarding to protect your machine from the harsh environment of a waste handling application. Machine guarding is purpose built to protect the machine’s major components.

Breathe Clean: Maximize your engine life and extend filter cleaning intervals with a turbine precleaner. Keep cool with a reversing fan to purge the single plane, widely spaced core cooling package and brush-less sealed alternator. Breathe clean with a powered pre-cleaner for the operator environment.

Maximize Tire Life: Fine tune your wheel torque to match the underfoot conditions and maximize performance while extending tire life. Standard auto wheel torque is ideal for waste handling applications.

Sustainability
The Cat® C7.1 engine meets U.S. EPA Tier 4 Final, EU Stage V and Korea Tier 5 emission standards.

Engine Idle Management System (EIMS) helps maximize fuel efficiency and reduce greenhouse gas emissions while maintaining machine performance.

Engine Idle Shutdown Timer reduces fuel burn, greenhouse gas emissions and unnecessary idle time by shutting down the machine after a pre-set idling period.

Performance Series Buckets have rounded side boards, a longer floor and open angle to carry more and load quicker so each pass is the most efficient.

Rimpull Control is a quick way to adjust the torque to the tires for less slipping and tire wear.

Cat® Production Measurement provides real-time payload weighing which help you maximize productivity, reduce fuel burn and greenhouse gas emissions, all while improving job site efficiency and lowering costs.

Extended maintenance intervals not only reduce downtime but decrease the amount of fluid and filters that are replaced over the life of the machine.

Power on Demand, transparent to the operator, provides full-time efficiency and power when you need it.

Example ATTACHMENT 2

2/1/24, 9:49 AM 926 Wheel Loader | Cat | Caterpillar
https://www.cat.com/en_US/products/new/equipment/wheel-loaders/small-wheel-loaders/123240.html 5/9 Tire Pressure Monitoring provides real-time tire pressure information to the operator to help increase tire wear and achieve better fuel efficiency and reduced greenhouse gas emissions.

Intelligent Hystat Transmission helps improves control and reduces fuel consumption and greenhouse gas emissions in load and carry applications.

Variable Displacement Pumps match power to load as application requirements change.

PRODUCT SPECIFICATIONS FOR 926
cloud_download DOWNLOAD print PRINT

EXPAND ALL
ENGINE

WEIGHTS

BUCKETS

STEERING

LOADER HYDRAULIC SYSTEM

SERVICE REFILL CAPACITIES

TRANSMISSION
TIRES
CAB
AXLES

SPECIFICATIONS

STANDARD EQUIPMENT

OPTIONAL EQUIPMENT
Example ATTACHMENT 2

2/1/24, 9:49 AM 926 Wheel Loader | Cat | Caterpillar
https://www.cat.com/en_US/products/new/equipment/wheel-loaders/small-wheel-loaders/123240.html 6/9

AIR CONDITIONING SYSTEM
SOUND
LOAD MOREadd
SEE HOW 926 COMPARES AGAINST FREQUENTLY COMPARED
PRODUCTS.

Wheel Loaders
926
Rated Gross Power - SAE J1995
170 HP
Operating Weight
27972 lb
Bucket Capacities

1.9-5 m3 (2.5-6.5 yd3)
New Selected
Wheel Loaders
930
New
Example ATTACHMENT 2

2/1/24, 9:49 AM 926 Wheel Loader | Cat | Caterpillar
https://www.cat.com/en_US/products/new/equipment/wheel-loaders/small-wheel-loaders/123240.html 7/9 Rated Gross Power - SAE J1995
170 HP
Operating Weight
31124 lb
Bucket Capacities

1.9-5 m3 (2.5-6.5 yd3)
View Details
Wheel Loaders
938
Rated Gross Power - SAE J1995
191 HP
Operating Weight
35528 lb
Bucket Capacities

1.9-5 m3 (2.5-6.5 yd3)
View Details
New

MEDIA GALLERY
Example ATTACHMENT 2

2/1/24, 9:49 AM 926 Wheel Loader | Cat | Caterpillar
https://www.cat.com/en_US/products/new/equipment/wheel-loaders/small-wheel-loaders/123240.html 8/9 Example ATTACHMENT 2

2/1/24, 9:49 AM 926 Wheel Loader | Cat | Caterpillar
https://www.cat.com/en_US/products/new/equipment/wheel-loaders/small-wheel-loaders/123240.html 9/9 CHECK OUT CURRENT OFFERS FOR THE 926
0% FOR 36 MONTHS. NO
GIMMICKS.

Example ATTACHMENT 2

Agenda Item No: 13.a.

MEETING DATE/TIME: 2/7/2024

ITEM NO: 2024-2

AGENDA SUMMARY REPORT
SUBJECT: Review and Possible Adoption of the Western Hills Watershed Protection Area Management Plan.

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

ATTACHMENTS:

1. WHWPA Management Plan DRAFT_Jan_24
Summary: Council will receive a report, review, and consider approval of a Western Hills Watershed Protection Area Management Plan.

Background: The City Council’s Strategic Plan and the City's Climate Initiatives include a number of goals that support the importance of open space conservation (i.e., Climate Initiative 4.b. Maintain wild lands). The Council's Strategic Plan includes a goal to “Enhance Our Neighborhoods”, establishing a goal to “preserve, conserve, and protect the natural resources/features of the Ukiah Valley and open space.” In pursuit of these goals, the City recently acquired the Western Hills Watershed Protection Area (WHWPA) which comprises 660+/- acres and lies in the hills west of Ukiah Valley. This land comprises a significant watershed for the valley and serves as a valuable habitat refuge for wildlife, as well as providing potential wildfire mitigation opportunities. For decades, conserving the hills to the west of Ukiah has been discussed by the community. Discussions typically focused on the biological and aesthetic values the WHWPA would add, as forested and undeveloped land. The Ukiah City Council’s Strategic Plan describes a goal of promoting the protection of Ukiah’s western wildland urban interface to restore and conserve forests and stream ecosystems, provide large-scale wildfire mitigation, and protect the Upper Russian River Watershed to benefit fish and wildlife as well as the greater Ukiah community. Further, the western hills are seen to hold the potential for water storage, power generation, and communication infrastructure.

With the acquisition of the property comes the responsibility of management. On August 22, 2023, Council approved a baseline assessment of the property including an inventory and documentation of the assets and liabilities of the resource. The next step in the management process is adoption of a management plan for the property.

Discussion: Immediately following Council's approval of the baseline assessment document, Staff began drafting a management plan. A variety of management plans for similar properties were reviewed and used to create an outline for a management plan draft. The baseline assessment and additional site visits were incorporated into an initial draft. The initial draft was shared for comment with subject-matter experts including, the CA Department of Fish and Wildlife, Mendocino County Resource Conservation District, and local land trusts. Comments were incorporated into the plan. On November 14, 2023, the draft management plan was presented to the Public Spaces Commission for review and comment. The Draft management plan was mailed on December 13, 2023, to local tribes for comment, though no comments were received.

The Management Plan (Attachment 1) defines the priorities and goals for the WHWPA to ensure continuity in management decision-making. Once approved by the Ukiah City Council, the overarching goals of property ownership should rarely if ever change. This plan is further intended to guide staff in day-to-day activities and

to provide criteria for the operations, maintenance, and management of the property. In keeping with the primary goals of protecting the WHWPA’s scenic resources and biodiversity, soil and aquatic resources, and ecological functions, most of the management actions should either directly or indirectly implement the natural resources goals.

The Management Plan was designed to protect the conservation values of the WHWPA while providing the opportunity for the future development of recreational, educational, and utility support opportunities that are compatible with protection of natural resources. This document is intended to provide guidance for balancing multiple goals.

The actions and policies of the Management Plan are organized into three categories with multiple topic areas within each: Resource Preservation, Fire Risk Abatement, and Public Uses and Access.

Staff recommend a motion to approve adoption of the attached Western Hills Watershed Protection Area Management Plan.

Recommended Action: Adopt the Western Hills Watershed Protection Area Management Plan.

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

CLIMATE INITIATIVES (CI):4b – Maintain wild lands. 4d – Enhance carbon sequestration capacity.

GENERAL PLAN ELEMENTS (GP):GP-A1 - Land Use ElementGP-A2 - Economic Development ElementGP-A5 - Environment and Sustainability ElementGP-A6 - Safety Element

City of Ukiah
300 Seminary Drive
Ukiah, CA 95482
January 2024
Western Hills Watershed Protec�on Area
Management Plan
Western Hills
Watershed Protec�on DRAFT Area Management
Atachment 1

Western Hills Watershed Protec�on Area Management Plan 1 Project Loca�on
The Western Hills Watershed Protec�on Area (WHWPA) is located in eastern Mendocino County in the foothills rising from the Ukiah Valley in the Northern Coast Mountain Range. The WHWPA currently includes 4 non-con�guous areas totaling approximately 750 acres. The largest sec�on is centered on the ridge climbing to the west of Redwood Avenue and ranges between a tenth of a mile to 1.3 miles wide and spans 2.2 miles from east to west for a total of ~ 600 acres. Addi�onal non-con�guous proper�es include the City owned por�on of Low Gap Park (~105 acres), a parcel at the headwaters of Gibson Creek (~35 acres), and an approximate 13-acre parcel near the corner of Helen Avenue and Doolin Creek Road.

Public access trail easements connect the Doolin Creek Property to the largest property on the Redwood Ave Ridge.

For the purposes of this plan the “western hills” extends from highway 253 at the south, to Masonite Road on the North, and from the valley floor to the ridge above Robinson Creek on the south and Orr Creek’s headwaters to the north (Atachment 1). If and when the City obtains addi�onal proper�es within the described western hills boundary, they will be added to this plan as an amendment.

The WHWPA extends from the valley floor at 760 feet to its highest point at Lookout Peak at 2,726 feet in eleva�on. Addi�onal proper�es may be added as opportuni�es for acquisi�on arise. A map of the current protected area is available as Atachment 2.

Overall, the WHWPA is steep with slopes ranging from 30-70 percent. The vegeta�on is overgrown in some loca�ons and wildfire has been suppressed for decades. Looking to the west from the highest ridge, views of Pine Mountain and the headwaters of Robinson Creek can be seen. Looking to the east provides views of Lake Mendocino, the Ukiah Valley, and the mountain tops of Sanhedrin, Hull, Snow, Red, and Konoc� Mountains. Two forks of Doolin Creek flow east out of the central and southern parts of the WHWPA. The headwaters of Gibson Creek lie in the northwesternmost corner of the WHWPA and an unnamed creek in the northeastern parcel of the WHWPA flows east toward Hillcrest Avenue.

WHWPA Management Plan
This Management Plan defines the priori�es and goals for the WHWPA to ensure con�nuity in management decision making. Once approved by the Ukiah City Council, the overarching goals of property ownership should rarely if ever change. This plan is further intended to guide staff in day-today ac�vi�es and to provide criteria for the opera�ons, maintenance, and management of the Preserve.

In keeping with the primary goals of protec�ng the WHWPA’s scenic resources and biodiversity, soil and aqua�c resources, and ecological func�ons, most of the management ac�ons should either directly or indirectly implement the natural resources goals.

The Management Plan was designed to protect the conserva�on values of the WHWPA while providing the opportunity for the future development of recrea�onal, educa�onal, and u�lity support

Western Hills Watershed Protec�on Area Management Plan 2 opportuni�es that are compa�ble with protec�on of natural resources. This document is intended to provide guidance for balancing mul�ple goals.

The ac�ons and policies of the Management Plan are organized into three categories with mul�ple topic areas within each: Resource Preserva�on, Fire Risk Abatement, and Public Uses and Access.

Western Hills Watershed Protec�on Area Management Plan 3 Purpose and Vision of City of Ukiah Open Space Designated Properties The City of Ukiah is commited to protec�ng the purity and integrity of the Ukiah Valley Aquifer that supplies water to residents and the flora and fauna of the Ukiah Valley, as well as to the Russian River.

Protec�ng the watershed created by the western hills from development was a primary purpose for the City’s acquisi�on of the WHWPA. The City will con�nue to work with land owners and land trusts to expand the footprint of the WHWPA through acquisi�ons and conserva�on easements in the Western Hills as roughly iden�fied in Atachment 1. Addi�onal but secondary reasons, or goals for the acquisi�on included habitat and viewshed protec�on, u�lity support, and public access. All plans and ac�vi�es should balance these secondary goals while assuring the ascendency of watershed protec�on.

Vision Statement
Crea�ng an Open Space Preserve, Balancing Resource Management, Fire Risk Abatement, and Public Engagement
Our vision for the WHWPA is to establish an Open Space Preserve that harmoniously integrates resource management, fire risk abatement, and public access for healthy outdoor recrea�on. We aspire to protect na�ve plants and wildlife communi�es, prevent erosion, and maintain water quality.

Simultaneously, we aim to engage the public in ci�zen science, educa�on, and passive recrea�on while ensuring the protec�on of historical resources and providing essen�al infrastructure for the benefit of our community.

Western Hills Watershed Protec�on Area Management Plan 4 Resource Preservation
Objective 1 Establish a Management Culture of Continual Improvement and Increased Resource Knowledge and Understanding.

Objective 2 Locate WHWPA Facilities to Avoid Rare Plants, Sensitive Natural Communities, and Habitat for Wildlife
Objective 3 Control Erosion, Protect Water Quality, and Maintain Facilities Objective 4 Control Dust during Construction and other Management Activities Objective 5 Revegetation after Soil Disturbance
Objective 6 Best Management Practices for Hazardous Materials Handling and Pollution Objective 7 Prevent the Spread of Invasive Species
Objective 8 Prevent Spread of Sudden Oak Death and Other Plant Pathogens Objective 9 Best Management Practices for Use of Pesticides and Herbicides Objective 10 Seek Opportunities to Expand the Footprint of Protected Watershed Fire Risk Abatement
Objective 11 Reduce Fire Risk to the WHWPA through Fire Abatement and Vegetation Management Activities
Objective 12 Protect Habitat during Fire Abatement and Vegetation Management Activities Public Uses and Access
Objective 13 Provide Safe Public Access for Citizen Science / Education, Volunteer Management, and Recreation
Objective 14 Monitor for, and Protect if Found, Historic or Archeological Resources Objective 15 Provide Water Storage, Power Generation, and Communication Infrastructure Objective 16 Provide and Protect Access to Native American Culture Bearers to Nurture Areas for Harvest and Traditional Uses

Western Hills Watershed Protec�on Area Management Plan 5 General Program Objec�ves, and Resource Conserva�on Objec�ves The following Project Objec�ves and Management Tasks are intended to guide the management of the WHWPA and to protect and enhance na�ve habitats and protect sensi�ve bio�c resources (such as riparian zones and creeks, sensi�ve natural communi�es1 and habitat for na�ve wildlife and plan species); protect cultural resources; and poten�ally expand access to the Protec�on Area. This plan assures ac�vi�es on the property will minimize impacts to less than significant levels. A Mi�ga�on Monitoring and Repor�ng Plan shall be produced and implemented in coordina�on with facility development.

Project Objec�ves
Resource Preservation
Objective 1 Establish a Management Culture of Continual Improvement and Increased Resource Knowledge and Understanding.
• Seek opportuni�es to fund and carry out property surveys to beter understand and map the WHWPA.
• To the greatest extent possible begin with high level, broad scale surveys to be used to iden�fy areas of concern, such as areas with rare plants or sensi�ve natural communi�es, and then focus subsequent surveys on areas of heightened concern. • To the greatest extent possible collect and collate studies into a single searchable source. • Seek opportuni�es to collaborate with partner agencies to further the knowledge and understanding of the project.
• Seek formal and informal opportuni�es for staff educa�on.

Objective 2 – Locate WHWPA Facilities to Avoid Rare Plants, Sensitive natural communities and Habitat for Wildlife
The City shall use the following design standards to minimize impacts on na�ve vegeta�on and wildlife communi�es:
• To the greatest degree possibly site roads, trails, and other park infrastructure out of sensi�ve habitat areas.
• Maintain buffers between new trails or park infrastructure and drainages. • Limit removal of exis�ng na�ve vegeta�on during site development. • Design trails to avoid mature trees and plan revegeta�on as needed to maintain na�ve canopy cover and understory species.
• Limit the use of fences. When fencing is essen�al, use wildlife-friendly fencing.

Western Hills Watershed Protec�on Area Management Plan 6 Management Task 2A: Avoid Loss of Special-Status species and their Habitats
The City shall ensure that the following protec�on objec�ves for special-status plants and species of local concern and their habitat are implemented during management ac�vi�es in the WHWPA. • Main�ain a list of special status plants to be updated at least every three years to monitor for newly listed species
• Avoid removal and minimize trimming of Raiche’s Manzanita (Arctostaphylos stanfordiana spp. raichei) and Redwood Lilly (Lilium rubescens) during vegeta�on management ac�vi�es. Train crews to recognize this species prior to each vegeta�on clearing effort, and have a trained supervisor oversee all work in areas where this plant occurs. • Ensure that Red bellied newts (Taricha rivularis) are protected during vegeta�on management ac�vi�es. Train crews to recognize this species prior to each vegeta�on clearing effort, and have a trained supervisor oversee all work in areas where this plant occurs. • Prior to any park development in areas beyond exis�ng trails and roads, the City shall conduct a botanical survey to document if special-status species are present. Surveys shall be conducted at the appropriate �me for plant iden�fica�on and shall be conducted by a botanist experienced with Mendocino County plant species and natural communi�es. If special-status plants or their habitat are not iden�fied during ini�al site surveys, no further mi�ga�on is necessary under this objec�ve. • If any special-status plant species or sensi�ve natural communi�es are found in areas proposed for park development, project plans shall be adjusted to avoid impact to the species. The City shall consult with a qualified botanist to determine appropriate setback distances and protec�on objec�ves. • If special-status plant species or sensi�ve natural communi�es cannot be avoided, project-specific protec�on objec�ves (e.g., transplant, seed collec�on, propaga�on) shall be developed and implemented.
• Any herbicide applica�on to treat non-na�ve plants must ensure that no na�ve plants are affected. A thorough review of invasive plant management best prac�ces should be undertaken and consulta�on with the California Invasive Plant Council2 should be considered prior to applica�on.

Management Task 2B: Protect Birds During Construction and Other Management Activities The City shall ensure that the following protec�on objec�ves for birds are implemented for construc�on, ground disturbing, and/or vegeta�on management ac�vi�es:

Western Hills Watershed Protec�on Area Management Plan 7 • Work outside of the cri�cal breeding bird period (February 15 through August 31) including construc�on projects and during ongoing land management (e.g., vegeta�on trimming and removal, etc.). If ac�vi�es must occur during this breeding period, work areas shall be surveyed by a qualified biologist prior to commencing. Surveys shall be required for all human-related ground disturbance ac�vi�es in natural habitats and for vegeta�on trimming and removal. The surveys shall be conducted within one week prior to ini�a�on of vegeta�on clearing, tree removal and trimming, or other construc�on ac�vi�es. If the biologist finds no ac�ve nes�ng or breeding ac�vity, work can proceed without restric�ons. If ac�ve raptor or owl nests are iden�fied within 100 feet of the construc�on area or ac�ve nests of other special-status birds (e.g., passerines, woodpeckers, hummingbirds, etc.) are iden�fied within 50 feet of the construc�on area, a biologist shall determine whether or not construc�on ac�vi�es may impact the ac�ve nest or disrupt reproduc�ve behavior. If it is determined that construc�on would not affect an ac�ve nest or disrupt breeding behavior, construc�on can proceed without restric�ons. The determina�on of disrup�on shall be based on the species’ sensi�vity to disturbance, which can vary among species; the level of noise or construc�on disturbance; and the line of sight between the nest and the disturbance. If the biologist determines ac�vi�es would be detrimental, the nes�ng area and 250-foot buffer for larger nes�ng birds (e.g., owls, raptors, herons, egrets) and 50-foot buffer for small nes�ng songbirds shall be adhered to un�l the nest has been vacated.
• If the work area is le� unatended for more than one week following the ini�al surveys, addi�onal surveys shall be completed. Ongoing construc�on monitoring shall occur to ensure no nes�ng ac�vity is disturbed. If state and/or federally listed birds are found breeding within the area, ac�vi�es shall be halted, and consulta�on with the CDFW and USFWS shall occur to determine if any addi�onal protec�on objec�ves are needed. • For fire risk abatement fuel management, nes�ng bird surveys shall be required for all fire risk abatement vegeta�on management in late winter through spring. All burn piles shall be burned outside of the bird nes�ng season (February 15 through August 31). If ac�vi�es must occur during this period, burn ac�vi�es shall be reviewed and approved by a qualified biologist before commencing.

Objective 3 - Control Erosion, Protect Water Quality, and Maintain Facilities The City shall maintain roads, trails, and any other approved infrastructure to ensure long term viability and u�lity of the infrastructure while ensuring erosion control, sediment deten�on. Site maintenance ac�vi�es shall occur in accordance with the Handbook for Forest, Ranch, & Rural Roads (2015) and the following objec�ves:
• Protect disturbed areas against erosion. When a road project involves grading or work within or adjacent to a stream, a spill preven�on and clean-up plan, Stormwater Pollu�on Preven�on Plan (if disturbance is greater than one acre), or similar document (Erosion Control Plan) shall be prepared and implemented during construc�on ac�vi�es to protect water quality. The plan would address polluted

Western Hills Watershed Protec�on Area Management Plan 8 runoff and spill preven�on policies, BMPs that are required to be available on site in case of rain or a spill (e.g., straw bales, silt fencing, erosion control blankets, spill response kit), clean-up and repor�ng procedures, and loca�ons of refueling and minor maintenance areas. • Dispose of all debris, sediment, rubbish, vegeta�on, or other construc�on-related materials in a loca�on approved by the City. No materials, including petroleum products, chemicals, silt, fine soils, or substances deleterious to the func�on of a watercourse, water quality, or biological resources, would be allowed to pass into, or be placed where it can pass into stream channels. • Cover stockpiled soils when rain is expected while materials are temporarily stockpiled. Cover stockpiles with plas�c that is secured in place to ensure the piles are protected from rain and wind. Silt fencing or watles would be installed on contour around all stockpile loca�ons. • Follow Ukiah Valley Trail Group’s Trail Maintenance and Design Guidelines for all trail construc�on and maintenance. (Atachment 3)
• Minimize the amount of soil disturbance and avoid trail alignments in seeps or wet areas. • Install temporary erosion control measures such as watles before construc�on begins and remove once the site has been stabilized with na�ve vegeta�on or other method. • Maintain vegetated filter strips at the base of slopes and along trails to allow surface water to slow down and for sediment to be retained.

Management Task 3A -Maintain roads and facilities to minimize sedimentation and maintenance costs.
• Perform an annual survey of road condi�ons a�er the end of winter rains. • Note and document maintenance needs that will be required prior to the next rainy season. • All road work shall be completed in accordance with the Handbook for Forest, Ranch, & Rural Roads (see Reference List).

Project Objective 4 - Control Dust during Construction and other Management Activities The City shall implement the following dust control objec�ves in areas where soil or vegeta�on has been disturbed and during construc�on ac�vi�es:
• Cover open-bodied trucks when used for transpor�ng materials likely to give rise to airborne dust. • Use water or chemicals to control dust during construc�on opera�ons or clearing of land.

Western Hills Watershed Protec�on Area Management Plan 9 • Apply water or suitable chemicals on materials stockpiles and other surfaces that can give rise to airborne dusts.
• Limit vehicle speeds on dirt roads to not more than 12 miles per hour.

Objective 5 – Revegetation after Soil Disturbance
The City shall implement the following objec�ves in areas where soil or vegeta�on has been disturbed by management ac�vi�es:
• Implement soil protec�on objec�ves, including seeding or plan�ng, promptly with appropriate na�ve species and covering with weed-free straw mulch, and/or installing biodegradable erosion control fabric on slopes.
• Use seed or container stock of local origin for plan�ngs. Seed or propagules for revegeta�on would be collected from the property itself if a viable source is present. Where this is not possible, propagules shall be from within the Russian River watershed with excep�ons being made only a�er review by a qualified staff member or consultant. Within these geographic parameters, collec�ons shall be made with the goal of capturing natural gene�c varia�on (e.g., collect from a range of eleva�ons and from plants exhibi�ng varied phenology).
• Include na�ve plant species with high value to local wildlife and/or buterflies and other pollinators in plan�ng paletes as appropriate to the site. Ideally, the area should be surveyed in advance to iden�fy and mimic the species naturally occurring on the site. • For management ac�ons that have removed na�ve vegeta�on, evaluate post-construc�on revegeta�on success on individual site condi�ons based generally on the following: 1) establishment of na�ve trees and shrubs at a ra�o of 2:1 living a�er five years (or the ra�o mandated by regulatory permits), 2) establishment of herbaceous cover equal to that of adjacent undisturbed ground within three years, and 3) no increase in invasive species popula�ons (or no greater cover of invasive species than that of adjacent undisturbed ground).
• Enhance na�ve buterfly habitat by incorpora�ng larval host plants and nectar plants into restora�on paletes as appropriate.
• Include a mixture of plant types (i.e., shrubs, vines, perennials, and herbaceous species as well as trees) in plan�ng paletes to maintain or improve the structural diversity of habitats. • Use limited organic, weed-free amendments if required to help establish restora�on vegeta�on for soils that have been disturbed and require addi�onal organic mater or nutrients to support na�ve

Western Hills Watershed Protec�on Area Management Plan 10 plants. Organic fer�lizers shall only be used above the normal high-water mark of any adjacent waterways. No chemical fer�lizers shall be used.

Objective 6 - Best Management Practices for Hazardous Materials Handling and Pollution Prevention
The City shall employ Best Management Prac�ces for staging, maintenance, fueling, and spill containment of poten�ally hazardous materials used on the property. The City shall ensure that all equipment used onsite is inspected for leaks. Vehicles shall be parked and fueled in a designated staging a minimum of 50' away from creeks, drainages, and other water sources including wetlands and seasonal wetlands.

All equipment shall be properly cleaned before entering the Preserve, and spill preven�on kits shall be available onsite.

Objective 7- Prevent the Spread of Invasive Species
The City shall prevent the spread of invasive weeds and other species to the extent feasible.

Invasive Plants
Weed control methods shall include, but would not be limited to:
• Clean plant material and soil from the �res and undercarriage of vehicles and equipment (e.g. mowers) that have traveled through weed-infested areas before they leave those areas. • Cleaning may be done with a hose if water is available and/or with a scrub brush or s�ff broom. • Train staff and WHWPA volunteers to recognize invasive species and report new infesta�ons promptly to Director of Community Services or designee. • If resources are available, educate residents immediately adjacent to the WHWPA about invasive species and encourage use of locally na�ve plant species in landscaping..

Invasive Animals
• Monitor for the invasion of pigs, feral cats, turkeys and other non-na�ve animals with the assistance of trail cams and quarterly site tours.
• Intervene early and aggressively to exclude invasive animals from the property. • Develop a plan for trapping and depreda�on to be available and ready for implementa�on should invasive animals be discovered.

Western Hills Watershed Protec�on Area Management Plan 11 Objective 8 – Prevent Spread of Sudden Oak Death and Other Plant Pathogens The City shall be responsible for protec�ng against the spread of Sudden Oak Death (SOD) and other plant pathogens through implementa�on of the following requirements:
• Survey the property for, and map loca�ons, where SOD is present. • Before purchasing any nursery stock for restora�on plan�ngs, confirm that the nursery follows current Best Management Prac�ces for preven�ng the spread of SOD (consult the California Oak Mortality Task Force for current standards). • Inspect all plant materials for symptoms of SOD before bringing onto the property.x • Train management staff on host species, symptoms, and disease transmission pathways for Phytophthora ramorum and other Phytophthora species, and on Best Management Prac�ces to prevent the spread of SOD, including:
o Clean equipment a�er working in forest and woodland habitats, including chainsaws, boots, and truck �res (spray with a 10% bleach solu�on or other disinfectant, then rinse).
o Work in forest and woodlands in the dry season instead of the wet season when spores are being produced and infec�ons are star�ng. Avoid or minimize pruning oak, tanoak, and bays in wet weather.
o Leave poten�ally infected downed trees on site instead of transpor�ng the material to an uninfected area. Where infec�on is already known to be present, leaving P. ramorum infected or killed trees on site has not been shown to increase the risk of infec�on to adjacent trees. Allow removal from the property only if fire risk is high or for aesthe�c or safety. If infected material is removed from the site, dispose of at an approved and permited facility within the quaran�ne zone encompassing the 14-county infected quaran�ne zone.
• If necessary to improve safety or reduce fire hazards, infected trees can be cut, branches chipped, and wood split. Do not leave cut wood and chips in an area where they might be transported to an uninfected loca�on.
• Educate WHWPA users about objec�ves to prevent the spread of SOD. Provide signage at major trailheads explaining that SOD occurs on the property, showing typical symptoms and explaining that it can be spread by WHWPA visitors, especially in wet winters, during rainy and windy weather. This may be based on exis�ng public educa�onal materials such as those developed by the California Oak Mortality Task Force. Request that WHWPA visitors:
o Stay on established trails and respect trail closures. o Avoid entering areas that appear to be diseased, especially in wet, muddy condi�ons. If avoidance is not possible, follow the sanita�on prac�ces described below. o Avoid transpor�ng SOD on shoes, vehicles, or other transport. A�er traveling through an infected area, clean up and disinfect. For instance, hikers should remove mud from shoes

Western Hills Watershed Protec�on Area Management Plan 12 using an old screwdriver, s�ff brush, and/or towel. Further disinfect shoes by washing with soap and water or spraying with a 10% bleach solu�on.

Objective 9 – Best Management Practices for Use of Pesticides and Herbicides The City shall minimize the use of pes�cides and herbicides to the extent feasible as directed by the City of Ukiah’s Integrated Pest Management Plan. The City shall ensure that any use of pes�cides is done according to manufacturers’ recommenda�ons and only as part of the City’s Integrated Pest Management Plan to protect natural resources and conserva�on values.

Use pes�cides with cau�on to prevent contaminated runoff. A surfactant-free formula�on shall be used any �me pes�cides or herbicides are used within a riparian area. Herbicide applica�on shall be done under the guidance of a cer�fied pest control applicator and according to the manufacturer’s instruc�ons.

Objective 10 Seek Opportunities to Expand the Footprint of Protected Watershed The City shall collaborate with private property owners, land trusts, and other interested par�es to expand the total acres of protected watershed within the Western Hills.

Fire Risk Abatement
Objective 11 – Reduce Fire Risk to the WHWPA through Fire Abatement and Vegetation Management Activities
The City shall collaborate with the Ukiah Valley Fire Protec�on District, Mendocino County Fire Safe Council, and CalFire to undertake fire reduc�on and mi�ga�on programs. The following harm reduc�on programs and efforts shall be pursued:
• Convene regular mee�ngs to ensure collabora�on and communica�on between the partner agencies.
• Develop a priority list of fire mi�ga�on measures to be implemented as funding is available. • Maintain a log of fuel load management and fire mi�ga�on project comple�on. • To achieve the fire hazard reduc�on goals, the City shall develop a Fire Risk Abatement Plan. The work plan shall include a descrip�on of the current and target condi�ons of the treatment area, map and photos of the treatment area; iden�fy immediate and long-term goals, �meline for implementa�on, access points, disposal methods, and target species. Fire Risk Abatement Plans may cover a period of 1 to 5 years. The Fire Risk Abatement Plan shall follow the natural resource and fire management recommenda�ons set forth in the WHWPA Management Plan.

Once the plans are developed, implementa�on will proceed as described in the plan.

Western Hills Watershed Protec�on Area Management Plan 13 Maintenance and Management Task 11A - Reduce Fire Risk on the WHWPA During Maintenance or Patrol Activities
The City shall implement the following measures to reduce fire risk on the WHWPA during maintenance ac�vi�es:
• Prohibit vegeta�on management for ongoing WHWPA maintenance or fire risk abatement during red flag days according to the Na�onal Weather Service. • Require all equipment and vehicles used on the WHWPA to be equipped with spark arrestors or other means of controlling backfiring.
• Limit use of power tools for maintenance or other ac�vi�es during periods of high and very high fire danger.
• Limit driving onto the Preserve during periods of high and very high fire danger. • Prohibit parking or driving over flammable material such as grasses and dry brush. • Maintain clear, unobstructed access along the fire and emergency access road by trimming back encroaching vegeta�on and promptly responding to and removing any trail obstruc�on • Ensure that fire department staff or other en��es overseeing fuel load management ac�vi�es par�cipate in the annual staff mee�ng and communica�on protocol. • All vehicles driven onto the WHWPA shall be equipped with a fire ex�nguisher, chain saw and associated safety equipment, standard fire-figh�ng equipment (e.g., shovel, McLeod, fire ex�nguisher), and a first-aid kit.

Objective 12 – Protect Habitat during Fire Abatement and Vegetation Management Activities The City shall fully maintain habitat quality and complexity during fire abatement and vegeta�on management ac�vi�es consistent with protec�ng public safety. The following habitat protec�on objec�ves shall be implemented:
• Develop and maintain a trail and road system to increase emergency access routes and serve as small fire breaks. WHWPA areas along the emergency access routes shall be maintained for emergency vehicle travel while retaining as much vegeta�on as possible. Established and maintained corridors reduce the chance of emergency road building.

Western Hills Watershed Protec�on Area Management Plan 14 • Roads and trails provide a good access area for shaded fuel breaks and should be considered as priority areas for fuel load management.
• Once established, trails should be evaluated and recommenda�ons for trail clearing widths should be established on a case-by-case basis.
• Prior to vegeta�on management ac�vi�es, establish permanent photo points to illustrate before- and a�er-treatment condi�ons. Provide typical views of treatment loca�ons for five years a�er treatment. Use photos to review changes in habitat condi�ons. Photos shall be taken at the same month each year – for example, in May or June when new leaves are present on plants. If undesirable changes, such as decreased plant density or non-na�ve plant invasion are noted, the City shall review prac�ces and revise as needed to protect natural resources. • Conduct biological trainings and surveys prior to vegeta�on management ac�vi�es. • Engage personnel familiar with na�ve plant iden�fica�on and wildlife requirements to guide vegeta�on management and fuel reduc�on work on the ground. • Allow maintenance vehicle access only on the fire and emergency access road and exis�ng trails. • Maintain habitat complexity, especially along drainages and riparian corridors outside the emergency access corridor. This will require maintaining a balance between providing diverse, mul�story forest and woodlands for wildlife u�liza�on and plant community diversity and the need for fire risk abatement and emergency services access. • If vegeta�on management is needed along drainages for public safety, ensure that the special ecological values of the habitat are maintained. Work only on sites that are accessible without driving off-road or off-trail, dispose of cut vegeta�on without blocking drainages, minimize ground disturbance, and maintain duff and na�ve canopy. • Limit ground disturbance during all vegeta�on management ac�vi�es. Where bare ground is exposed as a result of work, promptly treat to prevent erosion, establish na�ve plant species including ground cover, grasses, and shrubs, as appropriate, and limit coloniza�on by invasive plant species; Seeding recommenda�ons should be developed and added to this plan as an Appendix.
• Unless there is a threat to public safety or increased fire risk, retain decaying and dying trees, limbs, snags, and debris piles for wildlife habitat. Snags should be le� standing at not less than six per acre. If a downed trees crosses over a trail, cut and move to the side.

Western Hills Watershed Protec�on Area Management Plan 15 • In areas of tree die-off, trees can be felled and limbed. A minimum of six snags per acre should be retained for habitat preserva�on.
• Engage a professional botanist or vegeta�on ecologist to review fire hazard reduc�on prac�ces every five years to ensure that vegeta�on removal is not nega�vely affec�ng na�ve plant community species composi�on or health, or wildlife communi�es.

Public Uses and Access
Objective 13 – Provide Safe Public Access for Citizen Science / Education, Volunteer Management Assistance, and Recreation
The City shall develop and implement plans to allow public access to the WHWPA. Public access may be permited to allow for Ci�zen Science and Educa�on, Volunteer Ac�vi�es, and / or Recrea�on. The following public access objec�ves shall be implemented:
• Develop and implement policies and procedures for public access to pursue research, ci�zen science, and / or educa�on to be added as an appendix to this document. • Develop and implement policies and procedures for volunteer assistance in the management of the WHWPA to be added as an appendix to this document.
• Develop and implement policies and procedures for public recrea�onal access to the WHWPA. • Coordinate with Human Resources to limit liability.
• The use of motor vehicles by the public will be restricted to the greatest degree possible. Motor vehicle use for the sole purpose of recrea�on shall be prohibited.

Objective 13A – Provide Safe Public Trails for Passive Recreation The City of Ukiah shall construct and maintain trails for public access for passive (non-motorized) recrea�on. The minimal environmental impact of trails is self-mi�gated by the trail’s environmental educa�on and health benefits. Trails shall not exceed 5 miles per 100 acres to maintain this balance and distribute any impacts of construc�on and use.
• Trails shall be built to conform with current best prac�ces of sustainable trail design. • Equal emphasis shall be provided in the development of both mountain biking and hiking trails. • Hiking only, biking only, and shared use trails should be considered.

Western Hills Watershed Protec�on Area Management Plan 16 • Trails shall not be open to equestrians un�l adequate parking is secured, and a plan for the addi�onal maintenance necessitated by equestrian use is in place.

Objective 14 – Monitor for, and Protect if Found, Historic or Archeological Resources The City shall remain vigilant for the discovery of previously unknown Historic or Archeological Resources. In pursuit of this objec�ve the City shall;
• Seek funding for and obtain an Archaeological survey of the WHWPA.

Management Task 14A; Identify and Avoid or Minimize Impacts on Historic Resources Should subsurface historic materials be encountered during construc�on, the City shall ensure that trail maintenance, or resource management ac�vi�es, the piece of equipment or crew member that encountered the materials shall stop and the find shall be inspected by a qualified historian/archaeologist. Project personnel shall not collect historic materials. If the historian/archaeologist determines that the find qualifies as a unique historic resource for the purposes of CEQA (Guidelines Sec�on 15064.5(c)), all work shall be stopped in the immediate vicinity to allow the archaeologist to evaluate the find and recommend appropriate treatment. Such treatment and resolu�on shall include either modifying the project to allow the materials to be le� in place or undertaking data recovery of the materials in accordance with standard archaeological methods. The preferred treatment shall be protec�on and preserva�on. If the resource is determined to qualify as historic under CEQA Guidelines Sec�on 15064.5(a), and the management ac�on would impair the resource, such impacts on the resource shall be avoided. Management ac�vi�es shall be implemented to avoid impairment of the historic resources. Objec�ves to protect historic resources may include, for example, temporary protec�ve barriers or construc�on worker training.

Management Task 14B: Identify and Avoid or Minimize Impacts on Archaeological Resources The City of Ukiah shall ensure that if previously unknown archaeological materials are encountered during construc�on, trail maintenance, or resource management ac�vi�es, the piece of equipment or crew member that encountered the materials shall stop, and the find shall be inspected by a qualified archaeologist. Project personnel shall not collect archaeological materials. If the archaeologist determines that the find poten�ally qualifies as a unique archaeological resource for the purposes of CEQA (Guidelines Sec�on 15064.5(c)), all work shall be stopped in the immediate vicinity to allow the archaeologist to evaluate the find and recommend appropriate treatment. Such treatment and resolu�on shall include either project modifica�on to allow the materials to be le� in place or undertaking data recovery of the materials in accordance with standard archaeological methods. The preferred treatment shall be protec�on and preserva�on.

Management Task 14C: Procedures for Encountering Human Remains

Western Hills Watershed Protec�on Area Management Plan 17 If human remains are encountered, project personnel shall stop all work in the immediate vicinity. The Mendocino County Coroner and a qualified archaeologist shall be no�fied immediately so that an evalua�on can be performed. If the coroner determines the remains are Na�ve American and prehistoric, Na�ve American Heritage Commission (NAHC) shall be contacted so that a “Most Likely Descendant” can be designated, the appropriate Tribal representa�ve can be contacted, and further recommenda�ons regarding treatment of the remains can be provided. The City of Ukiah shall ensure that if human remains or funerary objects are discovered during soil-disturbing ac�vi�es, the City shall ensure that all work stops in the vicinity and that the Mendocino County Coroner is no�fied. A qualified archaeologist shall evaluate the remains. If human remains are of Na�ve American origin, the Coroner shall no�fy the Na�ve American Heritage Commission (NAHC) within 24 hours of iden�fica�on, pursuant to California Public Resources Code Sec�on 5097.98. NAHC would appoint a Most Likely Descendant (MLD). A qualified archaeologist, the City of Ukiah, and the MLD shall make all reasonable efforts to develop an agreement for the treatment, with appropriate dignity, of any human remains and associated or unassociated funerary objects (CEQA Guidelines Sec�on 15064.5[d]). The agreement shall take into considera�on the appropriate excava�on, removal, recorda�on, analysis, custodianship, and final disposi�on of the human remains and associated or unassociated funerary objects. The PRC allows 48 hours to reach agreement on these maters. If the MLD and the other par�es cannot not agree on the reburial method, the City shall follow California Public Resources Code Sec�on 5097.98(b), which states that “the landowner or his or her authorized representa�ve shall reinter the human remains and items associated with Na�ve American burials with appropriate dignity on the property in a loca�on not subject to further subsurface disturbance.”
Management Task 14D: Avoid or Document Paleontological Resources The City of Ukiah shall ensure that if a paleontological resource is discovered during construc�on, trail maintenance, or resource management ac�vi�es, all ground-disturbing ac�vi�es within 50 feet of the find shall be temporarily halted. Ac�vi�es may be diverted to areas beyond 50 feet from the discovery. The City shall no�fy a qualified paleontologist who will document the discovery, evaluate the poten�al resource and assess the nature and significance of the find. Based on scien�fic value or uniqueness, the paleontologist may record the find and allow work to con�nue or recommend salvage and recovery of the material. The paleontologist shall make recommenda�ons for any necessary treatment that is consistent with currently accepted scien�fic prac�ces.

Management Task 14E; Consult with Native American Tribes if Previously Undiscovered Artifacts are Discovered
In the event any Na�ve American archaeological ar�facts are discovered during implementa�on of management ac�vi�es, the City shall contact and consult with local tribes who have a tradi�onal and cultural affilia�on with the Project area. If the tribe(s) considers the resource to be a tribal resource, the City shall consult with the tribe to develop appropriate mi�ga�on objec�ves in accordance with Public Resources Code 21080.3.2.

Western Hills Watershed Protec�on Area Management Plan 18 Objective 15 Provide Water Storage, Power Generation, and Communication Infrastructure The City of Ukiah’s Water and U�li�es Departments contributed to funding for the WHWPA acquisi�on with the understanding that water storage and power genera�on were poten�al uses of the property.

While watershed protec�on is the primary goal of the property, the placement of water tanks and limited power genera�on infrastructure should be considered when feasible with mi�ga�ons for the use as determined by CEQA reviews such as Mi�gated Nega�ve Declara�on or Environmental Impact Report.

Objective 16 Provide and Protect Access to Native American Culture Bearers to Nurture Areas for Harvest and Traditional Uses
The City shall develop and implement plans and policies to allow safe and secure access to Na�ve American culture bearers who wish to nurture areas for harvest, harvest for personal and family use, and for the pursuit of other tradi�onal uses.

Western Hills Watershed Protec�on Area Management Plan 19 References

1. htps://wildlife.ca.gov/Data/VegCAMP/Natural-Communi�es

2. htps://www.cal-ipc.org/resources/library/publica�ons/

3. Weaver W., Weppner E., Hagans, D; Handbook for Forest, Ranch, & Rural Roads (2015).

Mendocino County Resource Conserva�on District

4. Ukiah Valley Trail Group’s Trail Maintenance and Design Guidelines (2015).

5. Bride, Anna; Davis, Neil Western Hills Watershed Protection Area Baseline Documentation Report (2023). City of Ukiah

6. Storer, A., et.al., Diagnosis and Monitoring of Sudden Oak Death. (2002) University of CA Pest Alert #6

7. Sawyer, J. et. al., A Manual of California Vegetation, 2nd Ed. (2009)

Western Hills Watershed Protec�on Area Management Plan 20 Attachment 1 – Western Hills of Ukiah

Western Hills Watershed Protec�on Area Management Plan 21 Attachment 2 – Western Hills Watershed Protection Area Map (1/9/2024)

Western Hills Watershed Protec�on Area Management Plan 22 Attachment 3
Ukiah Valley Trail Group
Philosophy and Design and Maintenance Standards
Trail Philosophy: Central to the Ukiah Valley Trail Group’s approach to trails is the recogni�on that our world is one of finite resources and, since demand for these resources is increasing steadily; insigh�ul management is of utmost concern. The Inland Mendocino County Trail system must be designed to u�lize resources in ways that benefit all non-motorized users. This entails providing adequate accommoda�on and accessibility, rather than focusing on individual user groups. The increased sharing of resources some�mes creates fric�on between the diverse user groups vying for more trail space. This Trail Plan acknowledges that a certain amount of fric�on is inevitable and therefore focuses on planned communica�on to minimize the differences and op�mize the benefits derived from these precious resources.

Plans for op�mal use of trail resources must be in concert with the objec�ve of natural and cultural resource protec�on. Any decisions on resource use affect not only local residents and visitors, but our natural and cultural habitat as well. If we make responsible decisions concerning preserva�on of our resources, we will succeed in our custodial du�es to the environment while at the same �me providing enjoyment for current and future genera�ons. Through well designed, constructed and maintained trails we will accomplish op�mal public access while accommoda�ng resource conserva�on.

Providing the public with increased access to trail and greenways is not enough; we must also strive to promote the abundant benefits that derive from them. Trail benefits include recrea�on, transporta�on, energy conserva�on, environment and habitat protec�on, fire suppression, improved physical and mental health, and local economic benefits. Informing the public of the significant benefits expands public awareness of the advantages that trails and greenways offer to the individual and the community.

Gaining public support thereby encourages policy makers to support trails and greenways and to increase funding to beter manage the trail system.

Improving rela�onships and interac�on between government en��es and the private sector will be necessary for the effec�ve development of a well planned and managed trail and green-way system.

Open communica�on between all levels of government and interested par�es enhances the finding of common objec�ves by making individuals and groups part of the solu�on. Linking communi�es and trail advocates in trail planning minimizes land use conflicts and allows for op�mal resource use. Joint planning emphasizes the development of interconnected trails in natural se�ngs and a united effort creates a stronger voice for advancing trail proposals.

Goals: The goals for the Lake Mendocino Trail Plan should include 1) generalized goals for the development of a quality local trail system, 2) specific goals for the Lake Mendocino trail system, 3) goals for how the Lake Mendocino trail system will link, and be a part of, the greater Ukiah Valley Trail System and 4) goals for using trail improvements and quiet-use recrea�on ethics as a tool for ecosystem

Western Hills Watershed Protec�on Area Management Plan 23 restora�on and preserva�on.

The general goals that define a quality trail system include:
1-Adequate mileage
- Moderate strong bike or horse riders ride 15-20 miles in a day - Endurance riders will ride 100 miles in a day
- There are approximately 24 miles of trail in the Ukiah Valley Lake Mendocino currently has approximately 16 miles of trail and is near to maximum capacity. Small increases are necessary but can be mi�gated with road closures and road to trail conversions. Employing a “stacked loop” design can maximize the trail experience within the capacity. 2- Connec�vity
- A single recrea�on area is unlikely to meet all the community’s needs. - Trails that connect the various areas are therefore necessary. - Connec�vity allows trails to fulfill a transporta�on role. - Lake Mendocino Trails do not currently connect with any other trail systems. - Priority should be given to approving trails that link Lake Mendocino to outlying areas. 3- Variety of environments
- An example of each of the area's micro-ecosystems should be included, such as Riparian, oak woodland, mixed hardwoods etc.
- Trails should include sunny areas, which will be more desirable in the winter, and shady areas for summer use.
4- Variety of trail experiences
- Different trail users appreciate different trail characteris�cs. - Equestrians generally prefer wider trails.
- Mountain bikers generally prefer lots of rolling ups and downs with lots of turns. - Runners tend to prefer gentle grades.
- Advanced users desire more “technical” or challenging trail - narrower with a rougher, more uneven tread.

A quality trail system will provide a variety of trail experiences. A small trail system should focus

Western Hills Watershed Protec�on Area Management Plan 24 first on trails that meet the needs of the majority of users. 5- Easy Access/Op�ons
- Users need to be able to get from home to trail quickly and start their experience. - The first trail from the trailhead should be an easy trail, wide and smooth - suitable for all users. - As users delve further into the system, the trails should increase in difficulty. - “Stacked loops” of trails allow users to return by a different route while providing a variety of op�ons.
6- Signage / Mapping
- All trails should be named and signed.
- All trailheads should have an informa�on kiosk.
- Maps should be readily available for all trails.
7- Sustainability & Maintenance
- Trails need to be well maintained.
- Trails designed to sustainable standards require much less maintenance.

UVTG Design and Maintenance Standards
Defini�ons
Reroute – a trail maintenance project that starts and ends on a single exis�ng trail and abandons the trail between those points will be termed a reroute.

Trail - A trail is specifically designed, designated, developed, and maintained as a recrea�onal corridor for the exclusive use of non-motorized vehicles. It is typically not more than 4 feet wide, unpaved and generally requires users to travel single file.

Use Trail - A Use Trail is a trail that has been created without a planning process and or approval by the

Western Hills Watershed Protec�on Area Management Plan 25 repeated historic explora�on of users.

Mul�-Use Trail - A mul� use trail is a trail that is open to non-motorized users including hikers, runners, equestrians, and bicyclists. All trails in the Lake Mendocino property will be mul� use unless compelling reasons are presented to necessitate par�al closure. (Such as the Shakota trail which is currently closed to equestrians.)
Road - Any transporta�on corridor designed for motor vehicle use and open to motor vehicle use.

Although roads may be necessary for maintenance, further road building should be avoided and road closures should be pursued where possible. A road may be used for recrea�on but is not a trail.

Fire Break -Although trails act as small firebreaks and have been known to stop fires and can be used as loca�ons to start backfires, a firebreak is not a trail.

Trail Maintenance and Repair 2
- Maintenance and repair of exis�ng trail is performed to return the trail or trail segment to the standards or condi�ons to which it was originally designed and built, or to improve it to comply with more current design standards to achieve sustainability. The act of maintenance and repair includes but is not limited to:
- Removal of debris and vegetation from the trail corridor, clearing encroaching brush and grasses, removing rock slides, etc.- Maintenance of trail tread such as filling ruts and entrenchments; reshaping trail bed, repairing trail surface and washouts; installing rip rap; constructing retaining wall or cribbing
- Erosion control and drainage, replacing or installing necessary drainage structures, water bars, culverts; realigning sections of trail to deter erosion or avoid boggy/marshy areas. - Repair or replacement of exis�ng trail structures.
- Upgrades and short reroutes to improve sustainability and decrease maintenance needs.

Trail tread and slope characteristics

1. Trail Width:

Trail beds shall be built and maintained with a goal of being three feet wide. Topographical, vegeta�on, or resource constraints may require sec�ons that are less than three feet.

Ra�onale: Allows users to pass by each other safely.

2. Rolling “Contour” Trails:

Trails shall be built with the contour of the topography (plus or minus 10%) utilizing side-slopes and avoiding flat areas as much as feasible.

Ra�onale: Building trail along fall lines or in flat areas creates erosion. “Contour” trails allow water to sheet off the trail and flow downhill.

Western Hills Watershed Protec�on Area Management Plan 26 Keeping trails on hillsides keeps them out of flater, weter areas. Trails built in wet areas are not sustainable. Users tend to walk along edge of trails, crea�ng trail widening. Wet areas are more prone to soil compac�on and displacement. “Contour trails create changing view sheds that add to the enjoyment of the trail.

3. Average trail grade less than or equal to 10%:

The average slope of the trail will be less than or equal to 10%, some slopes will be greater and some less. Side slope, soil type and natural obstacles will determine the grades for each individual section of trail. Sections that are over 10% should be short and followed by a relatively flat section or grade reversal.

Ra�onale: Most soil types can withstand up to 10% grades.

Minimizes user-caused erosion.

Allows for possible reroutes at a steeper grade if there is a future problem such as a slide.

Accommodates undula�ons/grade reversals.

Feels comfortable to most trail users.

Grade reversals a�er steep sec�ons allow the user t recover from the increased effort.

4. Sustainable trail alignment - Trail grade does not exceed “half-rule”:

The grade of the trail should not be greater than half the grade of the sideslope that the trail traverses.

Ra�onale: Prevents erosion caused by water flowing down the trail rather than flowing down the hillside.

Guides individual trail planning segments to fit the topography.

5. Maximum trail grades should be less than 15%:

Rationale: Although this rule might occasionally need to be broken, at least for short segments of trail, our observation is that most of the existing trails at Lake Mendocino are sustainable up to a grade of 15%. Higher grades, especially in areas exposed to weather, have suffered more erosion and damage from users.

6. Incorpora�on of grade reversals:

Trails should incorporate frequent grade reversals every 10 to 50 feet, depending on soil type and topography.

Western Hills Watershed Protec�on Area Management Plan 27 Ra�onale: Grade reversals provide areas for water to drain off of trails. As trails age, the shape of the trail bed tends to become concave, leading to the trapping of water. Grade reversals divide the trail into short, individual watersheds.

7. Build in outslope:

Outer edges of trails shall be built and maintained so that they create an approximate 3-5% slope from the inner edge of the trail.

Ra�onale: Allows water to sheet off of trail, decreasing erosion.

8. Build in backslope:

Depending on soil stability and composi�on, the area uphill of the trail shall be sloped extending upward from the trail.

Ra�onale: Prevents a waterfall effect from water coming down the hill and dropping onto the trail tread.

9. Water Crossings:

Water crossings should be avoided when possible. Trails shall be designed, built, and maintained to minimize sedimentation in streams. Bridges shall be the ideal with puncheons, culverts or “hardening” being considered should resource limitations, infrequent water flow, or low use combine to make a bridge impractical. Prioritization of water crossings should be considered with high use crossings receiving first resources.

Ra�onale: Minimize impacts to the stream channel and environment.

Create a safe and sustainable passages for trail users.

Work within limits of resource availability and predicted impacts.

Pruning
Pruning vegetation is an essential and regular part of trail maintenance, especially in brushy chaparral areas. Multi-use trails should have 10' vertical and 8' horizontal clearance (though there will be exceptions for the sake of protecting a tree or skirting around a large boulder).

Too often, trail pruning is accomplished in the most expeditious manner possible -- a branch intrudes within the walking/riding space of the trail and is quickly lopped-off so that it doesn't intrude and the debris is indescriminantly tossed aside. However, our goal in trail maintenance is to maintain a trail in as natural appearance as possible. A quick pruning job deals only with

Western Hills Watershed Protec�on Area Management Plan 28 the function of trail maintenance, not the aesthetics.

There are 6 elements of acceptable pruning in the State Park System. Each of these elements makes pruning a more tedious maintenance task, but results with a trail that is compatible with the natural environment.

Do not toss debris! Branches that are randomly discarded usually end up hanging in adjacent shrubs or trees. These dead branches are both unsightly and create a fire hazard.

Place debris out of view. This element requires the extra effort of dragging branches under and around shrubs.

Place the butt (cut) end away from the trail. This will help disguise the debris.

Each cut branch should be touching the ground to promote decomposition. This means that brush piles are not appropriate.

Pruning should be done sensitively so that the trail appears natural and not as if a chain saw just blasted through. Trail users should not be aware that any maintenance work has recently been done.

Prune to the collar of any branch stem for the health of the shrub and a more natural looking result. At the base of any branch there is a wide section that contains a plant's natural healing agents. Any pruning performed away from this collar will expose the plant to a greater risk of infection. A cut at the collar will naturally heal. For large branches over 2" in diameter, cut from the bottom, then cut down from the top. This prevents tearing of the bark, reducing infection.

10. References:

The following references will be used as resources to establish best prac�ces and resolve ques�ons not covered in the above. Addi�onal references will be added upon availability.

Weber, Peter(Ed). 2007 Managing Mountain Biking: IMBA’s Guide to Providing Great Riding Interna�onal Mountain Biking Associa�on. Boulder CO ISBN978-9755023-1-X Birkby, Robert. 2005 Lightly on the Land: The SCA Trail Building and Maintenance Manual. 2nd edition.

The Mountaineers Books. Seatle WA ISBN
Felton, Vernon. 2004 Trail Solutions; How to Build Sweet Single Track. Johnson Prin�ng, boulder CO ISBN 0-9755023-0-1
Parker, Troy Scot, 2004. Natural Surface Trails by Design. NatureShape, Boulder,CO. ISBN0-9755872-0-X Steinholz, Robert & Vachowski, Brian. 2001. Wetland Trail Design and Construction. USDA Forest Service Technology and Development Program Misoula, MT 8E82A3
Birchard, William & Proudman, Robert 2000 Appalachian Trail: Design, Construction, and Maintenance. 2nd Edition Appalachian Trail Conference Harper’s Ferry WV

Western Hills Watershed Protec�on Area Management Plan 29 Demrow, Carl & Salisbury, David 1998. The Complete Guide to Trail Building and Maintenance, 3rd Edition.

Appalachian Mountain Club Books. Boston, MA ISBN1-878239-54-6

Agenda Item No: 13.b.

MEETING DATE/TIME: 2/7/2024

ITEM NO: 2024-78

AGENDA SUMMARY REPORT
SUBJECT: Possible Adoption of an Ordinance Amending Section 62 of Division 1, Chapter 2, Article 2 of the Ukiah City Code, Pertaining to Compensation of the Mayor and City Councilmembers.

DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk PRESENTER: Kristine Lawler, City Clerk and Darcy Vaughn, Assistant City Attorney.

ATTACHMENTS:

1. Senate Bill (SB) 329

2. Proposed Ordinance - redline and clean
Summary: Council will consider adopting an Ordinance amending Section 62 of Division 1, Chapter 2, Article 2 of the Ukiah City Code, pertaining to Council Member compensation. If approved, the Ordinance would become operative after the next general municipal election, scheduled for November 2024.

Background: The compensation schedule for general law cities, including Ukiah, has not been adjusted since 1984 despite a significant increase in the cost of living. On June 29, 2023, Senate Bill 329 (Attachment 1) was adopted by the State legislature. SB 329 finds that allowing cities to adjust their compensation for inflation since 1984 may help city councils become more diverse in composition, because increased compensation can help individuals from lower income households receive sufficient income from their council service to help ensure that they can continue to serve the public and support their families.

SB 329 increases the maximum amount of base compensation for council members for a city with a population of up to and including 35,000 in population up to $950 per month. In addition, SB 329 authorizes the council member compensation rate to be increased beyond the $950 base maximum to an amount not exceeding the greater of either five percent (5%) for each calendar year from the operative date of the last adjustment of the salary in effect when the previous ordinance or amendment was enacted, or an amount equal to inflation from January 1, 2024, based upon the California Consumer Price Index, which shall not exceed 10% for each calendar year.

The bill requires that any increase in council member's compensation be adopted by ordinance. Pursuant to Government Code section 36516.5 (Attachment 2), any council compensation increase may take effect only when at least one member of council commences a new term, which will not take place until the General Municipal election in November 2024. Once one member’s term commences, then all current council members' salaries would increase at the same time.

Discussion: The last time that the Council amended Section 62 (Council compensation) of the Ukiah City Code was November 1, 2006. Despite periodic considerations/discussions over time, the compensation has remained the same over a period of 18 years.

Council held a discussion on January 17, 2024, regarding compensation, and voted to introduce an ordinance by title only, amending the compensation amount to $850 per month, to become effective after the next General Municipal Election on November 5, 2024.

This item is now coming back to Council for possible adoption; Attachment 2 shows the redline and clean version of the proposed ordinance amendment.

Recommended Action: Adopt Ordinance amending Section 62 of the Ukiah City Code, pertaining to compensation of the Mayor and City Council members.

BUDGET AMENDMENT REQUIRED: None; Compensation increase occurs in the next FY budget 2024/2025 and will be incorporated accordingly.

CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: FY 2024/2025 Budget
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Darcy Vaughn, Assistant City Attorney; Sheri Mannion, Human Resources Director; and Dan Buffalo, Finance Director
DIVERSITY-EQUITY INITIATIVES (DEI): Goal 1 – Create and sustain a diverse, equitable, and inclusive workplace and workforce that reflects, values, and celebrates the diverse community we serve. Goal 2 – Eliminate internal and external barriers to Diversity, Equity, and Inclusion within the systems of our organization. Goal 3 – Recruit, retain and advance a community of staff that reflects, values, and celebrates the diversity of the community we serve Goal 4 – Identify and actively engage underrepresented communities in which to retain, expand, develop, and implement programs. Goal 5 – Instill diversity, equity, and inclusion as essential core elements of policy-making, accountability, and delivery of City services.

CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A

7/26/23, 10:17 AM Bill Text - SB-329 Cities: city council members: compensation. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB329 1/3 SHARE THIS: Date Published: 06/29/2023 09:00 PM
SB-329 Cities: city council members: compensation. (2023-2024) Senate Bill No. 329
CHAPTER 27
An act to amend Section 36516 of the Government Code, relating to local government. [ Approved by Governor June 29, 2023. Filed with Secretary of State June 29, 2023. ]

LEGISLATIVE COUNSEL'S DIGEST
SB 329, Dodd. Cities: city council members: compensation.

Existing law authorizes a city council to enact an ordinance to provide each member of the city council a salary based upon the population of the city, as specified. Existing law authorizes that amount to be increased by the city council by an amount that does not exceed 5% for each calendar year from the operative date of the last adjustment of the salary that is in effect when the increase is enacted. Existing law provides for the procedures by which a city may enact ordinances.

This bill would increase the maximum amount of salary, based upon the population of the city, that may be approved by an ordinance passed by the city council, as specified. The bill would authorize the salary of council members to be increased beyond the specified maximums to an amount not exceeding the greater of either 5% for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted, or an amount equal to inflation since January 1, 2024, based upon the California Consumer Price Index, which shall not exceed 10% for each calendar year. The bill would require the city council to consider the adoption of an ordinance to increase council member compensation in open session during at least 2 regular meetings of the city council.

Vote: majority Appropriation: no Fiscal Committee: no Local Program: no THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. The Legislature finds and declares all of the following:
(a) The compensation schedule for general law cities has not been adjusted since 1984, meaning that city council compensation has not kept pace with inflation.
(b) Allowing cities to adjust their compensation for inflation since 1984 may help city councils become more diverse because increased compensation can help individuals from across different income levels receive sufficient income from their service to help ensure that they can continue to serve the public and support their families.

SEC. 2. Section 36516 of the Government Code is amended to read:

Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites ATTACHMENT 1

7/26/23, 10:17 AM Bill Text - SB-329 Cities: city council members: compensation. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB329 2/3 36516. (a) (1) A city council may enact an ordinance providing that each member of the city council shall receive a salary based on the population of the city as set forth in paragraph (2). (2) The salaries approved by ordinance under paragraph (1) shall be as follows:
(A) In cities up to and including 35,000 in population, up to and including nine hundred fifty dollars ($950) per month.
(B) In cities over 35,000 up to and including 50,000 in population, up to and including one thousand two hundred seventy-five dollars ($1,275) per month.
(C) In cities over 50,000 up to and including 75,000 in population, up to and including one thousand six hundred dollars ($1,600) per month.
(D) In cities over 75,000 up to and including 150,000 in population, up to and including one thousand nine hundred dollars ($1,900) per month.
(E) In cities over 150,000 up to and including 250,000 in population, up to and including two thousand five hundred fifty dollars ($2,550) per month.
(F) In cities over 250,000 population, up to and including three thousand two hundred dollars ($3,200) per month.
(3) For the purposes of this subdivision, the population of a city shall be determined by the last preceding federal census, or a subsequent census, or estimate validated by the Department of Finance. (4) The salary of council members may be increased beyond the amount provided in this subdivision by an ordinance or by an amendment to an ordinance, but the amount of the increase shall not exceed the greater of either of the following:
(A) An amount equal to 5 percent for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted. (B) An amount equal to inflation since January 1, 2024, based upon the California Consumer Price Index, which shall not exceed 10 percent for each calendar year. (5) No ordinance shall be enacted or amended to provide automatic future increases in salary. (b) Notwithstanding subdivision (a), at any municipal election, the question of whether city council members shall receive a salary for services, and the amount of that salary, may be submitted to the electors. If a majority of the electors voting at the election favor it, all of the council members shall receive the salary specified in the election call. The salary of council members may be increased beyond the amount provided in this section or decreased below the amount in the same manner.
(c) Unless specifically authorized by another statute, a city council may not enact an ordinance providing for compensation to city council members in excess of that authorized by the procedures described in subdivisions (a) and (b). For the purposes of this section, compensation includes payment for service by a city council member on a commission, committee, board, authority, or similar body on which the city council member serves.

If the other statute that authorizes the compensation does not specify the amount of compensation, the maximum amount shall be one hundred fifty dollars ($150) per month for each commission, committee, board, authority, or similar body.
(d) Any amounts paid by a city for retirement, health and welfare, and federal social security benefits shall not be included for purposes of determining salary under this section, provided that the same benefits are available and paid by the city for its employees.
(e) Any amounts paid by a city to reimburse a council member for actual and necessary expenses pursuant to Section 36514.5 shall not be included for purposes of determining salary pursuant to this section. (f) A city council member may waive any or all of the compensation permitted by this section. (g) (1) For the purposes of this section, a city council shall consider the adoption of an ordinance to increase compensation in open session during at least two regular meetings of the city council. (2) At the first meeting, the city council shall present the proposed ordinance, which shall include findings demonstrating the need for the increased compensation. The ordinance shall not be adopted at the first

7/26/23, 10:17 AM Bill Text - SB-329 Cities: city council members: compensation. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB329 3/3 meeting.
(3) At least seven days after the first meeting, the city council shall hold a second meeting to consider whether to adopt the ordinance.

ORDINANCE NO. _______
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTION 62

OF THE UKIAH CITY CODE, PERTAINING TO COMPENSATION OF MAYOR AND CITY

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

1. Ukiah City Code Section 62 is amended to read as follows:
§62: SALARIES: The mayor and council members shall be paid four hundred ninety dollars ($490.00) eight hundred fifty dollars ($850) per month. Any amounts authorized and paid on behalf of such officers for retirement, health and welfare, and federal social security benefits shall not be included for purposes of determining salary under this section.

2. EFFECTIVE DATE. This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption. Pursuant to Ukiah City Code § 65, the pay increase effected by this Ordinance shall only apply to Councilmember salaries the next municipal election, which is scheduled for November, 2024.

Introduced by title only on January 17, 2024 by the following roll call vote:

AYES: Councilmembers Rodin, Orozco, Sher, and Mayor Dueñas NOES: None
ABSENT: Councilmember Crane
ABSTAIN: None
Adopted on ___________, 2024 by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________
Josefina Dueñas, Mayor
ATTEST:
__________________
Kristine Lawler, CMC
ATTACHMENT 2 - redline

ORDINANCE NO. _______
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTION 62

OF THE UKIAH CITY CODE, PERTAINING TO COMPENSATION OF MAYOR AND CITY

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

1. Ukiah City Code Section 62 is amended to read as follows:
§62: SALARIES: The mayor and council members shall be paid eight hundred fifty dollars ($850) per month. Any amounts authorized and paid on behalf of such officers for retirement, health and welfare, and federal social security benefits shall not be included for purposes of determining salary under this section.

2. EFFECTIVE DATE. This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption. Pursuant to Ukiah City Code § 65, the pay increase effected by this Ordinance shall only apply to Councilmember salaries the next municipal election, which is scheduled for November, 2024.

Introduced by title only on January 17, 2024 by the following roll call vote:

AYES: Councilmembers Rodin, Orozco, Sher, and Mayor Dueñas NOES: None
ABSENT: Councilmember Crane
ABSTAIN: None
Adopted on ___________, 2024 by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________
Josefina Dueñas, Mayor
ATTEST:
_____________________
Kristine Lawler, CMC/CPMC
ATTACHMENT 2 - clean

Agenda Item No: 14.a.

MEETING DATE/TIME: 2/7/2024

ITEM NO: 2023-3251

AGENDA SUMMARY REPORT
SUBJECT: Discussion and Possible Introduction by Title Only of an Ordinance Amending Division 9, Chapter 1 of the Ukiah City Code Article 17.1 (Lot Line Adjustments) and Article 17.2 (Parcel Mergers).

DEPARTMENT: Community
Development PREPARED BY: Jesse Davis, Planning Manager
PRESENTER: Jesse Davis, Chief Planning Manager
ATTACHMENTS:

1. Lot Line Adjustment & Merger - Proposed Ordinance (Redline)

2. Lot Line Adjustment & Merger - Draft Ordinance
Summary: Council will consider adoption of an ordinance amending various sections of Ukiah City Code to update policies and procedures regarding 'Parcel Mergers' and 'Lot Line Adjustments' as conveyed in Attachment 1. If approved, Lot Line Adjustments and Mergers will no longer require submission of a Preliminary Title Report as a component of the application, unless determined necessary by the City Engineer.

Furthermore, Staff will no longer verify that property owners have obtained partial reconveyances from any mortgagor or other lien holder for any portion of a parcel being transferred to an adjacent parcel. Additionally, approved adjustments and mergers will be valid for an extra 12 months, and financial incentives to merge parcels for affordable and special needs housing will be codified into Article 17.2 (Parcel Mergers) to encourage, where appropriate, the consolidation of small properties for infill multifamily development.

Background: The City's Housing Element seeks to expand housing opportunities for all economic segments of the community, and includes an implementation measure to “Facilitate the consolidation of smaller, multifamily parcels by providing technical assistance to property owners and developers in support of lot consolidation (Program 2g).” In 2020, the City of Ukiah received grant funding from the California Department of Housing and Community Development (HCD) through a Local Early Action Planning (LEAP) grant to explore policies and incentives to facilitate the consolidation of smaller, multifamily parcels by providing technical assistance or incentives to property owners. The introduction and adoption of an ordinance (Attachment 2) will fulfill the associated grant requirements.

Upon thorough research into potential incentives, Community Development Staff concluded that a more effective strategy would be to eliminate unnecessary application requirements, codify existing financial incentives, and streamline lot line regulations. This comprehensive approach is designed to encourage the adjustment of parcels, fostering infill development in underutilized areas throughout the City.

Discussion: Upon evaluating the feasibility of lot consolidation incentives adopted by peer jurisdictions, Community Development Staff concluded that additional merger incentives were unwarranted, due to limitations created by existing density restrictions, zoning pattern, a residential sites inventory that features sufficient capacity, and a lack of adjacent underdeveloped or vacant sites conducive to residential development.

When reviewing the peer jurisdictions of Palo Alto, San Clemente and Mill Valley, it became clear that their policies to encourage consolidation were constrained to their Residential Sites Inventory, and relied on incentives that the City of Ukiah already provides, such as objective design and development standards, as

well as use of density bonuses. Given that the City of Ukiah's Residential Site Inventory has demonstrated capacity to meet its Regional Housing Needs Allocation, the approaches undertaken by other jurisdictions to encourage lot consolidation would not be particularly effective.

The decision to forego additional incentives stems from various constraints imposed by existing density restrictions overlaying the city. For example, while undeveloped and underdeveloped parcels that allow for multifamily development exist, the majority are located within airport compatibility zones that limit their allowed density, thereby negating the effectiveness of developed incentives. Parcels within Compatiability Zone 2 are prohibited from being developed into any multifamily uses, while those parcels in Zones 3 & 4 feature density restrictions that would limit the effectiveness of more intensive development incentives that could be applied through merger.

The city's zoning pattern, intricately woven into its urban fabric, presents inherent limitations, particularly given that approximately 23.7% of the city falls under the Single-Family Residential - R1 zoning district.

Incorporating further incentives proves impractical in most situations, especially concerning the merger of R1 zoned parcels. Staff discerned that a more effective solution lies in improving adjustment policies to better utilize excess capacity, acknowledging the need to overcome the constraints posed by unnecessary application requirements that discourage potential adjustments. Modification to the application requirements finds support from the City Engineer and professional surveyors experienced in projects across Mendocino County. Recognizing that the associated cost and time to submit an application can be reduced by eliminating requirements such as the reconveyance of deeds and preliminary title requirements, the proposed changes aim to streamline the adjustment process. Moreover, understanding the time-intensive nature and cost implications of transferring real property, it is recommended to provide additional time for the completion of requested adjustments. Aligning with Mendocino County, Staff's recommendation is to extend the approved lot line adjustment's validity period from twelve to twenty-four months, ensuring a more flexible time-frame for completion of post-approval tasks before expiration.

Notably, the City's Fee Schedule already includes incentives for lot line adjustments that incentivize development of affordable or special needs housing, which per this Ordinance Amendment would be codified within Article 17.2. In 2023, the City of Ukiah processed and subsequently approved parcel merger (#23-8285) to facilitate the construction of 72 units of multifamily housing in less than 14 days. This was accomplished by Community Development and Public Works Department Staff prioritizing review, providing technical assistance and processing the request at a reduced rate, demonstrating the ability to use existing policies to encourage the consolidation of parcels for infill development.

If approved, this ordinance amendment will improve lot line adjustment and merger policies to help foster more sustainable infill development, reduce unnecessary application burdens, and catalyze economic growth by creating a more efficient and flexible framework for land use that conforms with existing zoning regulations.

Recommended Action: Approve the introduction of an ordinance by title only amending Division 9, Chapter 1 of the Ukiah City Code Article 17.1 (Lot Line Adjustments) and Article 17.2 (Parcel Mergers); and find the ordinance categorically exempt pursuant to Section 15061 (b)(3) of the CEQA Guidelines.

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: Local Early Action Planning Grant (LEAP) PC-18239: LEAP - T2 PREVIOUS CONTRACT/PURCHASE ORDER NO.:

COORDINATED WITH: Department of Public Works; City Attorney DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): 5a & 5b: Update Zoning Ordinance; Protect Against Sprawl GENERAL PLAN ELEMENTS (GP): Housing Element ActH-2(r)

ATTACHMENT 1
CHAPTER 1

SUBDIVISIONS
ARTICLE 17.1. LOT LINE ADJUSTMENTS
SECTION:
§8294: Purpose
§8295: Applicability
§8296: Application And Processing
§8297: Approval Or Denial Of Adjustment
§8298: Completion Of Adjustment
§8295PURPOSE
This chapter prescribes the procedures for the preparation, filing, processing, and approval or denial of lot line adjustments consistent with the policies of the General Plan, the requirements of this code, and the requirements of Government Code section 66412(d), part of the California Subdivision Map Act ("Map Act"). This chapter also prescribes the procedures for voluntary parcel mergers. (Ord. 1138, §2 (Exh. A), adopted 2012) §8295 APPLICABILITY
As provided by Map Act section 66412(d) the Subdivision Map Act of the State of California set forth in the Government Code, Sections 65000, et seq., the lot line adjustment procedure is for the purpose of relocating lot lines between four (4) or fewer existing adjoining parcels where the land taken from one parcel is added to an adjoining parcel and where a greater number of parcels than originally existed is not created. For the purpose of this chapter, "adjoining" means touching. (Ord. 1138, §2 (Exh. A), adopted 2012) §8296 APPLICATION AND PROCESSING
A lot line adjustment application shall be prepared, filed, and processed as prescribed by this section.

A. Application Submittal And Contents: A lot line adjustment application shall include a completed application form and all information and other materials required by the Public Works Department and shall be filed with the City PlanningCommunity Development Department.

B. Application Fees: Application fees shall be established from time to time by resolution of the City Council adopted in accordance with the procedures required by law. An applicant must pay the fee when the application is submitted.

C. Application Review: City staff shall review the application for completeness and accuracy. The application may be referred to any City department or any public agency that may be affected or have an interest in the proposed lot line adjustment.

ATTACHMENT 1
D. Environmental Review: A lot line adjustment is considered a ministerial project and for that reason is not subject to environmental review under the California Environmental Quality Act ("CEQA"). See Pub. Resources Code section 21080, subds. (a), (b)(1) and Sierra Club v. Napa County Bd. of Supervisors (Cal. App. 1st Dist. 2012) 205 Cal. App. 4th 162.

E. Public Notice: No public notice is required as the lot line adjustment application is a ministerial action.

F. Concurrent Permit Processing: When a lot line adjustment is part of a project that requires one or more discretionary planning entitlements and the applicant does not want the lot line adjustment unless the entire project is approved, then the lot line adjustment shall be reviewed as part of the discretionary planning application. In that event, all permits and approvals, including the lot line adjustment, shall be combined into one application, processed concurrently, and acted upon by the highest review authority required by this code based on the entitlements included in the application. (Ord. 1138, §2 (Exh. A), adopted 2012)
§8297 APPROVAL OR DENIAL OF ADJUSTMENT
The City Engineer shall determine whether the parcels resulting from the adjustment will conform with the applicable provisions of this chapter, the City’s General Plan and Zoning Ordinance, Ukiah Municipal Airport Land Use Compatibility Master Plan, and the California Building and related codes as adopted in the City (hereafter "Building Code"). The City Engineer may approve, conditionally approve, or deny the lot line adjustment in compliance with this section.

A. Required Findings: A proposed lot line adjustment shall be approved if the City Engineer finds all of the following:

1. The adjustment will not create a greater number of parcels than existed prior to the adjustment;

2. The adjustment will not result in an increase in the number of nonconforming parcels;

3. The adjustment will not increase the nonconformity of any parcel; and

4. All of the parcels resulting from the adjustment are consistent with the General Plan, Zoning Ordinance, Ukiah Municipal Airport Land Use Compatibility Plan, and Building Code.

B. Conditions Of Approval: In approving a lot line adjustment, the City Engineer shall adopt conditions only as necessary to conform the adjustment and proposed parcels to the requirements of the General Plan, Zoning Ordinance, Ukiah Municipal Airport Land Use Compatibility Plan, Building Code or to facilitate the relocation of existing utilities, infrastructure, or easements. The City Engineer may not impose conditions or exactions on approval except to conform to such plans, to require payment of taxes, or facilitate relocation of facilities.

ATTACHMENT 1
C. Appeal: The decision of the City Engineer may be appealed to the City Council. Said appeal shall be filed with the City Clerk within ten (10) days of the date of the decision, shall state the reason(s) for the appeal, and be accompanied by the appeal fee, if any, established by the City Council from time to time by resolution; provided, however, that the City Council decision on the appeal is subject to the provisions of this section regarding findings and conditions of approval. (Ord. 1138, §2 (Exh. A), adopted 2012) §8298 COMPLETION OF ADJUSTMENT
Within twelve (12) months after approval, the lot line adjustment process shall be completed in compliance with this section through the recordation of a deed, after all conditions of approval have been satisfied.

A. Completion By Deed: A lot line adjustment shall not be considered complete or become effective until recordation in the official records of Mendocino County of a grant deed or deeds signed by the record owners. Prior to recordation, the applicant shall submit deeds to the City Engineer for review and approval in compliance with subsection B of this section, and shall pay the review fees. The legal descriptions provided in the deeds, including an accompanying plat, shall be prepared by a qualified registered civil engineer, or a land surveyor licensed or registered in the state in accordance with state law and shall be accompanied by a preliminary title report prepared within fifteen (15) days of the date of submission by a title company, if determined approved bynecessary, by the City Engineer.

B. Review And Approval By The City Engineer: The City Engineer shall:

1. Examine the deeds to ensure that all record title owners and lien holders have consented to the adjustment;

2. Verify that all conditions of approval have been satisfactorily completed and that the deeds are in substantial compliance with the lot line adjustment as approved by the review authority;

3. Verify that the property owners have obtained partial reconveyances from any mortgagor or other lien holder for any portion of a parcel being transferred to an adjacent parcel and that any liens covering the adjacent property have been modified to cover the newly created larger parcel;

43. If satisfied that the deeds comply with the above requirements, place an endorsed approval upon the deeds; and

54. After approval of the legal description, assemble the deeds and return them to the applicant's title company for recordation.

C. Expiration: The approval of a lot line adjustment shall expire and become void if the adjustment has not been completed as required by this section within twelve twenty-four (2412) months of approval. (Ord. 1138, §2 (Exh. A), adopted 2012)

ATTACHMENT 1
ARTICLE 17.2. PARCEL MERGERS
SECTION:
§8299: Merger Not Required
§8299.1: Processing Of Requested Merger
§8299.2: Review Authority
§8299.3: Conditions Of Approval
§8299.4: Completion Of Merger
§8299.5: Merger Incentives
§8299 MERGER NOT REQUIRED
Two (2) or more contiguous parcels or units of land which have been subdivided under the provisions of this code or the Map Act shall not merge by virtue of the fact that the contiguous parcels are held by the same ownership. No further proceedings under this code shall be required for the purpose of sale, lease or financing, except as provided by this chapter. (Ord. 1138, §3 (Exh. A), adopted 2012)
§8299.1 PROCESSING OF REQUESTED MERGER
Upon request of the legal owner of contiguous parcels, the City may approve the merger of the property in compliance with the California Subdivision Map Act section 66499.20 3/4.

The request shall be in writing and shall be accompanied by data and documents as required by the City Engineer. (Ord. 1138, §3 (Exh. A), adopted 2012) §8299.2 REVIEW AUTHORITY
The City Engineer shall review and approve or conditionally approve each proposed merger when in compliance with the California Subdivision Map Act section 66451.11. The City Engineer may refer any proposed merger to any department or agency that may have an interest in the merger. (Ord. 1138, §3 (Exh. A), adopted 2012) §8299.3 CONDITIONS OF APPROVAL
In approving a merger, the City Engineer may impose reasonable conditions. The reasonableness of conditions imposed by the City Engineer may be appealed to the City Council within ten (10) days of written notice of the conditions in compliance with section 8337 of this code (Appeals). (Ord. 1138, §3 (Exh. A), adopted 2012) §8299.4 COMPLETION OF MERGER
Upon approval, a notice of lot merger shall be filed with the County Recorder. The form and content of the notice shall be as required by the City Engineer. (Ord. 1138, §3 (Exh. A), adopted 2012)
§8299.5 MERGER INCENTIVES

ATTACHMENT 1
Lot Mergers that facilitate affordable or special needs housing shall be evaluated at a reduced rate per the adopted fee schedule of the Community Development Department.

Application processing shall be prioritized throughout the planning entitlement phase to the extent feasible.

ORDINANCE NO. ________

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH
AMENDING DIVISION 9, CHAPTER 1 OF UKIAH CITY
CODE ARTICLE 17.1 (LOT LINE ADJUSTMENTS)
AND ARTICLE 17.2 (PARCEL MERGERS) TO ENHANCE

APPLICATION PROCESSES AND REVIEW
WHEREAS, on December 7, 2022, the City Council adopted a resolution adopting the 2040 General Plan (Resolution No. 2022-79), as well as a Resolution certifying the EIR, adopting the Findings of Fact and Statement of Overriding Considerations, and approving the Mitigation Monitoring Reporting Program (Resolution No. 2022-78). (State Clearinghouse No. 2022- 050556); and
WHEREAS, the Housing Element contained in the City’s 2040 General Plan specifies implementation measures with a goal to facilitate the consolidation of smaller, multi-family parcels by providing technical assistance to property owners and developers in support of lot consolidation; and
WHERAS, in 2020, the City of Ukiah received grant funding from California Department of Housing and Community Development through a Local Early Action Planning (LEAP) grant to explore policies and options to facilitate the consolidation of smaller, multi-family parcels by providing technical assistance or incentives to property owners; and WHEREAS, upon evaluating the feasibility of Lot Consolidation incentives and researching the approaches of similar jurisdictions, Community Development staff concluded that additional merger incentives were unwarranted, due to limitations created by existing density restrictions, the City’s zoning pattern, a residential sites inventory that features sufficient capacity, and a lack of adjacent underdeveloped or vacant sites conducive to residential development; and.

WHERAS, in 2023, the City processed and approved parcel merger (#23-8285) to facilitate the construction of 72-units of multi-family housing in 14 days by prioritizing review, providing technical assistance, and processing the request at a reduced rate, thereby demonstrating the City’s ability to use existing policies to encourage the consolidation of parcels for multifamily residential development; and
WHERAS, the City of Ukiah is largely built out, future development necessitates that the City’s Lot Line Adjustment policies and procedures be streamlined so that additional infill residential development can be realized; and
WHEREAS, California Government Code, Section 65800 et seq. authorizes the City of Ukiah (“City”) to adopt and administer zoning laws, ordinances, rules, and regulations as a means of implementing the General Plan; and
WHEREAS, pursuant to the California Environmental Quality Act (Pub. Resources Code, 21000 et seq.) (“CEQA”), the City is Lead Agency for the Housing Element, Housing Action Plan and implementation of associated grants; and
WHEREAS, the general rule exemption set forth in Section 15061(b)(3) of the California Environmental Quality Act Guidelines (Title 14, Cal. Code Regs., section 15000 et seq; "CEQA ATTACHMENT 2

Guidelines") applies to this action because, for the reasons set forth in the staff report accompanying this Ordinance, the Project does not have the potential to cause a significant effect on the environment and is therefore not subject to CEQA, as the amendments proposed would not expand or reduce the City’s policies or allowances related to Lot Line Adjustment or Lot Mergers but rather ensure consistency with existing plans and only require the application components necessary to determine completeness and ensure compliance with State Law; and WHEREAS, on February 7, 2023, the City Council held a duly noticed public hearing on the. subject amendments, and considered evidence presented by City staff, and other interested parties.

NOW, THEREFORE, the City Council of the City of Ukiah hereby finds and declares as follows:

SECTION ONE - FINDINGS AND DECLARATIONS

1. The majority of Division 9, Chapter 1 (Subdivisions) of the Ukiah City Code was adopted in 1958 and updated in 2012 by Ordinance No. 1138. Since that time the City has adopted new plans, such as the Ukiah Municipal Airport Land Use Compatibility Plan (UKIALUCP), as well as altered the naming conventions of City Departments, thereby necessitating minor corrections and clarifications within City Code.

2. The State Subdivision Map Act limits local discretion when acting on lot line adjustments to ensuring that the adjustment will not create a greater number of parcels than existed prior to the adjustment; that the adjustment will not result in an increase in the number of non-conforming parcels; that the adjustment will not increase the non-conformity of any parcel; and that all of the parcels resulting from the adjustment are consistent with the General Plan, Zoning Ordinance, and Building Code.

3. The purpose of the ordinance is to clarify and streamline the lot line adjustment and parcel merger processes, reduce or remove unnecessary application requirements, and encourage, where appropriate, merger of parcels.

4. The amendments proposed would not expand or reduce the City’s policies or allowances related to Lot Line Adjustment or Lot Mergers but rather ensure consistency with existing plans and only require the application components necessary to determine completeness and ensure compliance with State Law.

SECTION TWO
Article 17.1 entitled "LOT LINE ADJUSTMENTS," is hereby amended within Division 9 (Planning and Development), Chapter 1 (Subdivisions) of the Ukiah City Code pursuant to the attached Exhibit A.

SECTION THREE
Article 17.2 entitled "PARCEL MERGERS” is hereby amended within Division 9 (Planning and Development), Chapter 1 (Subdivisions) of the Ukiah City Code pursuant to the attached Exhibit A.

SECTION 4

1. SEVERABILITY.

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

2. EFFECTIVE DATE.

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

Introduced by title only on February 7, 2024, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Adopted on _____ , 2024 by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________________
Josephina Duenas, Mayor
Exhibit A: Ordinance Amending Division 9, Chapter 1 of the Ukiah City Code Article 17.1 (Lot Line Adjustments) and Article 17.2 (Parcel Mergers)

EXHIBIT A
CHAPTER 1

SUBDIVISIONS
ARTICLE 17.1. LOT LINE ADJUSTMENTS
SECTION:
§8294: Purpose
§8295: Applicability
§8296: Application And Processing
§8297: Approval Or Denial Of Adjustment
§8298: Completion Of Adjustment
§8295PURPOSE
This chapter prescribes the procedures for the preparation, filing, processing, and approval or denial of lot line adjustments consistent with the policies of the General Plan, the requirements of this code, and the requirements of Government Code section 66412(d), part of the California Subdivision Map Act ("Map Act"). This chapter also prescribes the procedures for voluntary parcel mergers. (Ord. 1138, §2 (Exh. A), adopted 2012) §8295 APPLICABILITY
As provided by the Subdivision Map Act of the State of California set forth in the Government Code, Sections 65000, et seq., the lot line adjustment procedure is for the purpose of relocating lot lines between four (4) or fewer existing adjoining parcels where the land taken from one parcel is added to an adjoining parcel and where a greater number of parcels than originally existed is not created. For the purpose of this chapter, "adjoining" means touching. (Ord. 1138, §2 (Exh. A), adopted 2012)
§8296 APPLICATION AND PROCESSING
A lot line adjustment application shall be prepared, filed, and processed as prescribed by this section.

A. Application Submittal And Contents: A lot line adjustment application shall include a completed application form and all information and other materials required by the Public Works Department and shall be filed with the Community Development Department.

B. Application Fees: Application fees shall be established from time to time by resolution of the City Council adopted in accordance with the procedures required by law. An applicant must pay the fee when the application is submitted.

C. Application Review: City staff shall review the application for completeness and accuracy. The application may be referred to any City department or any public agency that may be affected or have an interest in the proposed lot line adjustment.

EXHIBIT A
D. Environmental Review: A lot line adjustment is considered a ministerial project and for that reason is not subject to environmental review under the California Environmental Quality Act ("CEQA"). See Pub. Resources Code section 21080, subds. (a), (b)(1) and Sierra Club v. Napa County Bd. of Supervisors (Cal. App. 1st Dist. 2012) 205 Cal. App. 4th 162.

E. Public Notice: No public notice is required as the lot line adjustment application is a ministerial action.

F. Concurrent Permit Processing: When a lot line adjustment is part of a project that requires one or more discretionary planning entitlements and the applicant does not want the lot line adjustment unless the entire project is approved, then the lot line adjustment shall be reviewed as part of the discretionary planning application. In that event, all permits and approvals, including the lot line adjustment, shall be combined into one application, processed concurrently, and acted upon by the highest review authority required by this code based on the entitlements included in the application. (Ord. 1138, §2 (Exh. A), adopted 2012)
§8297 APPROVAL OR DENIAL OF ADJUSTMENT
The City Engineer shall determine whether the parcels resulting from the adjustment will conform with the applicable provisions of this chapter, the City’s General Plan and Zoning Ordinance, Ukiah Municipal Airport Land Use Compatibility Plan, and the California Building and related codes as adopted in the City (hereafter "Building Code"). The City Engineer may approve, conditionally approve, or deny the lot line adjustment in compliance with this section.

A. Required Findings: A proposed lot line adjustment shall be approved if the City Engineer finds all of the following:

1. The adjustment will not create a greater number of parcels than existed prior to the adjustment;

2. The adjustment will not result in an increase in the number of nonconforming parcels;

3. The adjustment will not increase the nonconformity of any parcel; and

4. All of the parcels resulting from the adjustment are consistent with the General Plan, Zoning Ordinance, Ukiah Municipal Airport Land Use Compatibility Plan, and Building Code.

B. Conditions Of Approval: In approving a lot line adjustment, the City Engineer shall adopt conditions only as necessary to conform the adjustment and proposed parcels to the requirements of the General Plan, Zoning Ordinance, Ukiah Municipal Airport Land Use Compatibility Plan, Building Code or to facilitate the relocation of existing utilities, infrastructure, or easements. The City Engineer may not impose conditions or exactions on approval except to conform to such plans, to require payment of taxes, or facilitate relocation of facilities.

EXHIBIT A
C. Appeal: The decision of the City Engineer may be appealed to the City Council. Said appeal shall be filed with the City Clerk within ten (10) days of the date of the decision, shall state the reason(s) for the appeal, and be accompanied by the appeal fee, if any, established by the City Council from time to time by resolution; provided, however, that the City Council decision on the appeal is subject to the provisions of this section regarding findings and conditions of approval. (Ord. 1138, §2 (Exh. A), adopted 2012) §8298 COMPLETION OF ADJUSTMENT
Within twelve (12) months after approval, the lot line adjustment process shall be completed in compliance with this section through the recordation of a deed, after all conditions of approval have been satisfied.

A. Completion By Deed: A lot line adjustment shall not be considered complete or become effective until recordation in the official records of Mendocino County of a grant deed or deeds signed by the record owners. Prior to recordation, the applicant shall submit deeds to the City Engineer for review and approval in compliance with subsection B of this section, and shall pay the review fees. The legal descriptions provided in the deeds, including an accompanying plat, shall be prepared by a qualified registered civil engineer, or a land surveyor licensed or registered in the state in accordance with state law and shall be accompanied by a preliminary title report prepared within fifteen (15) days of the date of submission by a title company, if determined necessary, by the City Engineer.

B. Review And Approval By The City Engineer: The City Engineer shall:

1. Examine the deeds to ensure that all record title owners and lien holders have consented to the adjustment;

2. Verify that all conditions of approval have been satisfactorily completed and that the deeds are in substantial compliance with the lot line adjustment as approved by the review authority;

3. If satisfied that the deeds comply with the above requirements, place an endorsed approval upon the deeds; and

4. After approval of the legal description, assemble the deeds and return them to the applicant's title company for recordation.

C. Expiration: The approval of a lot line adjustment shall expire and become void if the adjustment has not been completed as required by this section within twenty-four (24) months of approval. (Ord. 1138, §2 (Exh. A), adopted 2012) ARTICLE 17.2. PARCEL MERGERS
SECTION:
§8299: Merger Not Required
§8299.1: Processing Of Requested Merger

EXHIBIT A
§8299.2: Review Authority
§8299.3: Conditions Of Approval
§8299.4: Completion Of Merger
§8299.5: Merger Incentives
§8299 MERGER NOT REQUIRED
Two (2) or more contiguous parcels or units of land which have been subdivided under the provisions of this code or the Map Act shall not merge by virtue of the fact that the contiguous parcels are held by the same ownership. No further proceedings under this code shall be required for the purpose of sale, lease or financing, except as provided by this chapter. (Ord. 1138, §3 (Exh. A), adopted 2012)
§8299.1 PROCESSING OF REQUESTED MERGER
Upon request of the legal owner of contiguous parcels, the City may approve the merger of the property in compliance with the California Subdivision Map Act. The request shall be in writing and shall be accompanied by data and documents as required by the City Engineer. (Ord. 1138, §3 (Exh. A), adopted 2012)
§8299.2 REVIEW AUTHORITY
The City Engineer shall review and approve or conditionally approve each proposed merger when in compliance with the California Subdivision Map Act. The City Engineer may refer any proposed merger to any department or agency that may have an interest in the merger. (Ord. 1138, §3 (Exh. A), adopted 2012)
§8299.3 CONDITIONS OF APPROVAL
In approving a merger, the City Engineer may impose reasonable conditions. The reasonableness of conditions imposed by the City Engineer may be appealed to the City Council within ten (10) days of written notice of the conditions in compliance with section 8337 of this code (Appeals). (Ord. 1138, §3 (Exh. A), adopted 2012) §8299.4 COMPLETION OF MERGER
Upon approval, a notice of lot merger shall be filed with the County Recorder. The form and content of the notice shall be as required by the City Engineer. (Ord. 1138, §3 (Exh. A), adopted 2012)
§8299.5 MERGER INCENTIVES
Lot Mergers that facilitate affordable or special needs housing shall be evaluated at a reduced rate per the adopted fee schedule of the Community Development Department.

Application processing shall be prioritized throughout the planning entitlement phase to the extent feasible.

Agenda Item No: 14.b.

MEETING DATE/TIME: 2/7/2024

ITEM NO: 2024-1489

AGENDA SUMMARY REPORT
SUBJECT: Possible Introduction By Title Only of Ordinance Imposing Possible Civil Penalties for Failure to Abate Public Nuisances on Residential Property.

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

1. Residential Public Nuisance Civil Penalties Redline

2. Residential Public Nuisance Civil Penalties Clean
Summary: Council will discuss and consider introducing by title only the Ordinance Imposing Possible Civil Penalties for Failure to Abate Public Nuisances on Residential Property.

Background: The City's Code Enforcement officials request and recommend that Council consider an amendment to the City Code that will allow Code Enforcement to impose civil penalties in the form of fines on property owners who repeatedly and flagrantly violate City Code provisions requiring owners to abate public nuisance conditions on residentially-zoned properties. The imposition of civil penalties for failure to abate public nuisances is not a new enforcement method for the City, as Code Enforcement already has authority to impose fines on property owners for repeated failure to abate public nuisances on commercially-zoned properties, as set forth in City Code section 3424.A. Due to a recent spate of public nuisance abatement violations on residential properties that have required significant staff time and costs to correct, Code Enforcement officials believe that the possibility of imposing fines for such violations would be a significant incentive for recalcitrant property owners to act promptly to address notices of violation and correct nuisance conditions on their residential properties.

Note that imposition of fines for failure to abate public nuisance conditions on residential properties would be a last resort, as Code Enforcement prefers to work with property owners and provide assistance and education in order to promptly abate nuisances. In addition, the City offers a Housing Rehabilitation Program that will fund housing repairs for low-income homeowners and for landlords renting to low-income tenants, particularly repairs of conditions that constitute health and safety hazards and/or Code violations. However, for those few instances in which residential property owners are either unresponsive or refuse to take any steps to abate public nuisances after being served notices of violation and being given a reasonable amount of time to correct those violations, staff recommends that Council amend the City Code via ordinance to allow for imposition of civil penalties for those violations.

For example, Code Enforcement staff might consider imposing civil penalties for a residential property where the residence was failing structurally, posed a fire hazard due to the fact that trespassers were illegally accessing the structure's electrical system and setting warming and cooking fires in the structure, and was littered with refuse and debris piles left by the trespassers, thus posing a health and safety hazard to neighbors. Code Enforcement staff would make multiple efforts, after issuance of a notice of violatoin, to work with the property owner to secure the property and abate the nuisance conditions at the residence, but, if the property owner still refused to take action to abate the nuisance conditions or to cooperate with Code Enforcement, the imposition of civil penalties would be an interim measure to ensure compliance before

asking Council to hold a public hearing to declare the residential property a public nuisance and issue an abatement order.

Discussion: The Ordinance Imposing Possible Civil Penalties for Failure to Abate Public Nuisances on Residential Property, attached here in redline as Attachment 1 and as a clean version as Attachment 2, would authorize the City's Code Enforcement officials to impose civil penalties, i.e. fines, for repeated and flagrant failure of property owners to abate public nuisances on residentially-zoned properties within the city. The Ordinance states that property owners in violation of the City Code provisions requiring property owners to abate public nuisances on their residentially-zoned properties may be subject to civil action to abate the public nuisances and civil penalties in the amount of not less than one hundred dollars ($100.00) or more than one thousand dollars ($1,000.00) for each day the violation continues. The Ordinance also states that violators may be subject to any administrative penalties authorized under the City Code. In addition, the Ordinance states that (1) no penalties will be imposed for violations unless the owner has been given a reasonable amount of time to correct the violations, and (2) a reasonable amount of time to correct a violation will be thirty (30) days from service of a notice of violation unless otherwise directed by the City Council. Finally, the Ordinance states that anyone who interferes with or impedes the abatement of a public nuisance is guilty of a misdemeanor.

Recommended Action: Introduce by Title Only the Ordinance Imposing Possible Civil Penalties for Failure to Abate Public Nuisances on Residential Property.

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT:

FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Sean Connell, Code Enforcement Inspector DIVERSITY-EQUITY INITIATIVES (DEI):N/A
CLIMATE INITIATIVES (CI):N/A
GENERAL PLAN ELEMENTS (GP):GP-A8 - Housing Element (2019-2027), Goal H-1: Conserve, rehabilitate, and improve the existing housing stock to provide adequate, safe, sustainable, and decent housing for all Ukiah residents.

1 ORDINANCE NO.

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING VARIOUS SECTIONS OF THE UKIAH CITY CODE AMENDING CHAPTER 12 OF DIVISION 3 OF THE UKIAH CITY CODE IMPOSING POSSIBLE CIVIL PENALTIES FOR FAILURE TO ABATE PUBLIC NUISANCES ON RESIDENTIAL PROPERTY.

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

SECTION 1
Chapter 12 of Division 2 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by “* * *”):

CHAPTER 12. ABATEMENT OF PUBLIC NUISANCES
* * *
§3467 ALTERNATIVE REMEDIESVIOLATIONS ON RESIDENTIALLY-ZONED

PROPERTY - PENALTY
A. Civil Penalties: Without limiting the enforceability of any other statute, ordinance or regulation that may contain a different or greater penalty under those provisions, after service of notice thereof pursuant to this Chapter any person violating the provisions of this Chapter shall be subject to a civil action to abate or enjoin the nuisance and shall be liable for civil penalties as follows: Any violation concerning property that is located in a residentially-zoned district as authorized by Articles 3, 4, and 5 of Division 9, Chapter 2 of this Code (as amended or supplanted) of not less than one hundred dollars ($100.00) or more than one thousand dollars ($1,000.00) for each day the violation continues. The City Attorney may pursue any lawful civil remedy and civil penalties brought to enforce any provisions of this Chapter.

B. Administrative Penalties: In addition to civil penalties provided in this section, and other remedies set forth in this Chapter, administrative penalties may be imposed against any responsible party, whether owner, lessee, sublessor or sublessee or occupant of any premises in violation of any of the provisions of this Chapter.

Imposition, enforcement, collection and administrative review of administrative penalties imposed shall be conducted pursuant to this Code.

C. Reasonable Period to Correct Violations: No penalty shall be imposed for violations of provisions of this Chapter unless the owner has been provided a reasonable period of time after notice thereof service pursuant to this Chapter to correct the violation before imposition of the penalty, except in those cases in which there is an immediate danger to health or safety. The reasonable period for purposes of this Chapter shall be thirty (30) days from service of a notice of violation unless otherwise directed by the City Council.

Attachment 1

2 D. Abatement Interference: Any person who obstructs, impedes or interferes with any representative, officer, employee, contractor or authorized representative of the City Council or with any representative of a City department or with any person who owns or holds any estate or interest in a building which has been ordered to be vacated, repaired, rehabilitated or demolished pursuant to the provisions of this Chapter when any of the aforementioned individuals are engaged in the work of abating any nuisance as required by the provisions of this Chapter, or in performing any necessary act preliminary to or incidental to such work authorized or directed pursuant to this Chapter lawfully engaged in proceedings involving the abatement of a nuisance is guilty of a misdemeanor. The procedures established in this chapter shall be in addition to criminal, civil or other legal or equitable remedies established by law which may be pursued to address violations of this code or applicable state codes and the use of this chapter shall be at the sole discretion of the City.
§3467 3468 ALTERNATIVE REMEDIES
The procedures established in this chapter shall be in addition to criminal, civil or other legal or equitable remedies established by law which may be pursued to address violations of this code or applicable state codes and the use of this chapter shall be at the sole discretion of the City.

SECTION 2

1. SEVERABILITY.

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

2. EFFECTIVE DATE.

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

Introduced by title only on _____, 2024, by the following roll call vote:

AYES:

NOES:

3 ABSENT:

ABSTAIN:

Adopted on ___________, 2024 by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________________
Josephina Dueñas, Mayor
ATTEST:
__________________________________________
Kristine Lawler, City Clerk

1 ORDINANCE NO.

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING VARIOUS SECTIONS OF THE UKIAH CITY CODE AMENDING CHAPTER 12 OF DIVISION 3 OF THE UKIAH CITY CODE IMPOSING POSSIBLE CIVIL PENALTIES FOR FAILURE TO ABATE PUBLIC NUISANCES ON RESIDENTIAL PROPERTY.

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

SECTION 1
Chapter 12 of Division 2 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by “* * *”):

CHAPTER 12. ABATEMENT OF PUBLIC NUISANCES
* * *
§3467 VIOLATIONS ON RESIDENTIALLY-ZONED PROPERTY - PENALTY A. Civil Penalties: Without limiting the enforceability of any other statute, ordinance or regulation that may contain a different or greater penalty under those provisions, after service of notice thereof pursuant to this Chapter any person violating the provisions of this Chapter shall be subject to a civil action to abate or enjoin the nuisance and shall be liable for civil penalties as follows: Any violation concerning property that is located in a residentially-zoned district as authorized by Articles 3, 4, and 5 of Division 9, Chapter 2 of this Code (as amended or supplanted) of not less than one hundred dollars ($100.00) or more than one thousand dollars ($1,000.00) for each day the violation continues. The City Attorney may pursue any lawful civil remedy and civil penalties brought to enforce any provisions of this Chapter.

B. Administrative Penalties: In addition to civil penalties provided in this section, and other remedies set forth in this Chapter, administrative penalties may be imposed against any responsible party, whether owner, lessee, sublessor or sublessee or occupant of any premises in violation of any of the provisions of this Chapter.

Imposition, enforcement, collection and administrative review of administrative penalties imposed shall be conducted pursuant to this Code.

C. Reasonable Period to Correct Violations: No penalty shall be imposed for violations of provisions of this Chapter unless the owner has been provided a reasonable period of time after notice thereof service pursuant to this Chapter to correct the violation before imposition of the penalty, except in those cases in which there is an immediate danger to health or safety. The reasonable period for purposes of this Chapter shall be thirty (30) days from service of a notice of violation unless otherwise directed by the City Council.

Attachment 2

2 D. Abatement Interference: Any person who obstructs, impedes or interferes with any representative, officer, employee, contractor or authorized representative of the City Council or with any representative of a City department or with any person who owns or holds any estate or interest in a building which has been ordered to be vacated, repaired, rehabilitated or demolished pursuant to the provisions of this Chapter when any of the aforementioned individuals are engaged in the work of abating any nuisance as required by the provisions of this Chapter, or in performing any necessary act preliminary to or incidental to such work authorized or directed pursuant to this Chapter lawfully engaged in proceedings involving the abatement of a nuisance is guilty of a misdemeanor.
§3468 ALTERNATIVE REMEDIES
The procedures established in this chapter shall be in addition to criminal, civil or other legal or equitable remedies established by law which may be pursued to address violations of this code or applicable state codes and the use of this chapter shall be at the sole discretion of the City.

SECTION 2

1. SEVERABILITY.

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

2. EFFECTIVE DATE.

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

Introduced by title only on _____, 2024, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

3 Adopted on ___________, 2024 by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________________
Josephina Dueñas, Mayor
ATTEST:
__________________________________________
Kristine Lawler, City Clerk

Agenda Item No: 14.c.

MEETING DATE/TIME: 2/7/2024

ITEM NO: 2024-77

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

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

1. 2024 City Council Special Assignments and Ad Hocs
Summary: City Council members will provide reports and updates on their committee and ad hoc assignments. If necessary, the Council may consider modifications.

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

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

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

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

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

CLIMATE INITIATIVES (CI):

GENERAL PLAN ELEMENTS (GP):

2024 CITY COUNCIL SPECIAL ASSIGNMENT LIST

LOCAL / UKIAH VALLEY MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT City Broadband Project TBD TBD
Civic Center300 Seminary Ave.Ukiah, CA 95482
to evaluate the Request for Proposal (RFP) for the Internet Service Provider (ISP) for the California's Public Utilities Commission (CPUC) Last Mile Broadband Orozco Jim Robbins, Grants Manager, 463-6708; [email protected] Investment Oversight Committee Varies
Civic Center300 Seminary Ave.Ukiah, CA 95482
Civic Center300 Seminary Ave.Ukiah, CA 95482
Reviews City investments, policies, and strategies
Crane
Orozco, AlternateAlan Carter, Treasurer
Dan Buffalo, Director of Finance; 463-6220 [email protected] Disaster Council
Shall meet a minimum of once a year at a time and place designated upon call of the chair Place designated upon call of the chair or, if
she/he is unavailable or unable to call such meeting, the first vice chair and then the City Manager or her/his designee.

Office of Emergency Management
300 Seminary Ave. Ukiah, CA 95482467-5720 - Traci Boyl
Develop any necessary emergency and mutual aid plans, agreements, ordinances, resolutions, rules, and regulations.

OrozcoDuenas- Alternate
Traci Boyl, City Manager's Office Management Analyst; 467-5720; [email protected] Greater Ukiah Business & Tourism Alliance (GUPTA)
4th Monday of month, 10:0 a.m.
200 S School St.Ukiah, CA 95482
200 S School St.Ukiah, CA 95482
Promotes tourism and works to strengthen and promote the historic downtown and businesses within the greater Ukiah area Marianne Davison - Community Services Department Staff Duenas - Alternate Shannon Riley, Deputy City Manager;
467-5793 [email protected]
Mendocino County Inland Water and Power Commission (IWPC) 2nd Thursday of month, 6:00 p.m.

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

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

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

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

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

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

Board of Supervisors Chambers501 Low Gap RoadUkiah, CA
Executive Director
367 N. State Street, Ste. 206 Ukiah, CA 95482463-1859
Plan and allocate State funding, transportation, infrastructure and project County wide DuenasSher - Alternate
Tim Eriksen, Public Works Director/City Engineer;
463-6280 [email protected]
Mendocino County Airport Land Use Commission As needed
BOS Conference Room501 Low Gap Rd., Rm. 1090,Ukiah, CA
Mendocino County Executive Office
501 Low Gap Rd. Rm. 1010 Ukiah, CA 95482
To formulate a land use compatibility plan, provide for the orderly growth of the airport and the surrounding area, and safeguard the general welfare of the inhabitants within the vicinity Liaisons: Owen/Schlatter
Greg Owen, Airport Manager; 467-2855;
[email protected] Schlatter, Director of Community Development; 463-6219; [email protected] Mendocino County Local Area Formation Commission (LAFCO) 1st Monday of month, 9:00 a.m. Board of Supervisors Chambers Executive Director
200 S. School Street, Ste. 2Ukiah, CA 95482463-4470
Required by legislation - planning spheres of influence, annexation, serviceareas, and special districts RodinCrane - Alternate for both city seat
members on Commission
Craig Schlatter, Director of Community Development; 463-6219; [email protected] rev: 1/18/2024
ATTACHMENT 1

2024 CITY COUNCIL SPECIAL ASSIGNMENT LIST

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

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

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

REGIONAL MTG DATE/TIME LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Great Redwood Trail Agency Bi-monthly, 3rd Thursdays, 10:30 a.m. Various Locations - announced 419 Talmage Road, Suite M
Ukiah, CA 95482463-3280
Provides a unified and revitalized rail infrastructure meeting the freight and passenger needs of the region RodinDuenas - Alternate
Neil Davis, Community Services Director467-5764 [email protected] League of California Cities Redwood Empire Legislative Committee Prior to Division Meetings, meets 3x in person and then via conference call Various locations that are announced
Redwood Empire League President;
Public Affairs Program Manager
(916) 658-8243
Elected city officials and professional city staff attend division meetings throughout the year to share what they are doing and advocate for their interests in Sacramento DuenasOrozco - Alternate
Sage Sangiacomo, City Manager; 463-6221 [email protected] Russian River Watershed Association (RRWA)
4th Thursday of month, 9:00 a.m. (only 5 times a year)
Windsor Town Hall
Russian River Watershed Association 425 South Main St., Sebastopol, CA 95472508-3670 Consider issues related to Russian river - plans projects and funding requests RodinSher - Alternate
Tim Eriksen, Public Works Director/City Engineer;
463-6280 [email protected]
Northern California Power Agency (NCPA) - Commission
4th Thursday of month, 9:00 a.m. (see NCPA calendar)
Roseville, CAand other locations
651 Commerce Drive Roseville, CA 95678916-781-4202
Pool of State and local power utilities developing and operating power generation, providing scheduling and related energy services and providingregulatory and legislative support.

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

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

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

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

Ukiah Valley Conference Center,
200 S. School StreetUkiah, CA
Civic Center
300 Seminary Ave.Ukiah, CA [email protected]
Per the recently adopted agreement between the City of Ukiah and the Ukiah Valley Fire Protection District Orozco/Sher Doug Hutchison, Fire Chief; 463-6263; [email protected] Countywide Oversight Board to the RDA Successor Agencies 4th Thursday of January, 4:00 p.m.; meets annually
Ukiah Valley Conference Center,200 S. School StreetUkiah, CA City of UkiahATTN: City Clerk300 Seminary Ave.Ukiah, CA 95482 Oversee and direct the Successor Agencies of the former redevelopment agencies Crane Dan Buffalo, Director of Finance; 463-6220 [email protected] Lawler, City Clerk; 463-6217, [email protected] rev: 1/18/2024

COMMITTEE ASSIGNED TO PRINCIPAL STAFF SUPPORT
Electric Grid Operational Improvements Crane/Orozco Cindy Sauers, Electric Utility Director; 463-629586 [email protected]
Trench Cut Policy Development Crane Tim Eriksen, Public Works Director/City Engineer; 463- 6280 [email protected]
Advance Planning & Policy for Sphere of Influence
(SOI), Municipal Service Review (MSR), Annexation,
Tax Sharing, Detachment, and Out of Area Service
Agreements
Crane/Rodin
Craig Schlatter, Community Development Director
463-6219 [email protected]
UVSD/ City Relations
Ad hoc committee to address specific issues with the Ukiah Valley Sanitation District, including discussion of overall sewer system service delivery policies, operating policy revisions, potential revisions to the current Operating Agreement, and cost sharing
Crane/Orozco
Dan Buffalo, Director of Finance;
463-6220 [email protected]
Sean White, Water Resources Director
463-5712 [email protected]
Orr Street Bridge Corridor Rodin/Sher Tim Eriksen, Public Works Director/City Engineer; 463- 6280 [email protected]
Complete Streets Rodin/Crane
Tim Eriksen, Public Works Director/City Engineer; 463-
6280 [email protected]
Shannon Riley, Deputy City Manager
467-5793 [email protected]
Neil Davis, Community Services Director
467-5764 [email protected]
Special Districts (Water District Consolidation) Orozco/Crane Shannon Riley, Deputy City Manager 467-5793 [email protected]
Corp Yard Planning Crane/Orozco Jason Benson, Senior Civil Engineer 463-6284 [email protected]
Mendocino County Courthouse Project and Reuse Sher/Orozco Shannon Riley, Deputy City Manager 467-5793 [email protected]
Climate Action Plan
Will coordinate with the Community Development Director to identify and assign representation to each of the identified categories, and also coordinate with the Community
Development Director and the Climate Action Plan Working Group related to other outreach efforts during the development of the draft municipal Climate Action Plan related to the 2040 General Plan
Sher/Duenas
Craig Schlatter, Community Development Director
463-6219 [email protected]
City's 150-Year Anniversary Planning Orozco/Rodin Shannon Riley, Deputy City Manager 467-5793 [email protected]
Planning & Building Fee Schedule Review Crane/Orozco
Craig Schlatter, Community Development Director
463-6219 [email protected]
2024 AD HOC COMMITTEES

Agenda Item No: 14.d.

MEETING DATE/TIME: 2/7/2024

ITEM NO: 2024-1486

AGENDA SUMMARY REPORT
SUBJECT: Receive Presentation, Discuss, and Possibly Provide Direction to Staff Regarding the Proliferation, Impact, and Regulation of Off-Site Advertisements within the Unincorporated Territory of the Ukiah Valley.

DEPARTMENT: Community
Development PREPARED BY: Jesse Davis, Planning Manager
PRESENTER: Jesse Davis, Chief Planning Manager
ATTACHMENTS:

1. Ukiah Valley - Billboard Inventory
Summary: Council will receive a presentation from Staff on the proliferation, impact, and regulation of off-site advertisements within the Ukiah Valley, and possibly provide direction regarding next steps.

Background: In working closely with Councilmember Mari Rodin and reviewing applications and activity within the Ukiah Valley, Staff has become aware of a recent proliferation of billboards in the unincorporated territory of the Valley, running contrary to adopted policies within the County of Mendocino's General Plan (2009) and the Ukiah Valley Area Plan (2012). This under-regulated growth of new billboards is resulting in visual clutter, adversely affecting the scenic landscapes that provide Ukiah and its Valley a distinct sense of place. The County of Mendocino, due in part to ineffectual zoning policy, has condoned the use of digital off-site signage, facilitated the recent approval of at least nine (9) new billboards, and despite the reasoned objections of City Staff and past City Councils, continues to approve discretionary requests that have and will result in the installation of additional signage along the US 101 corridor.

Staff understands that within Mendocino County, off-site advertising shall comply with all applicable federal, state, and local laws and regulations, including but not limited to the Highway Beautification Act of 1965 (23 U.S.C. 131), the California Outdoor Advertising Act (Cal. Bus. and Prof. Code §§ 5200 et seq.), and the California Vehicle Code. Additionally, for advertising displays located within 660 feet from the edge of a State right-of-way and viewed primarily by persons traveling on a freeway, an outdoor advertising permit from the California Department of Transportation is required.

Per the California State Board of Equalization, billboards are properly classified as fixtures under Property Tax Rule 122.5(a)(1), which defines a fixture to include an item of tangible property which is "physically or constructively annexed to realty with the intent that it remain annexed indefinitely." In general, billboards are affixed to the ground, are moved infrequently, and are intended to remain annexed until the leasehold interest in the land terminates. Almost all billboards are owned by billboard companies. Billboard companies offer display space on their billboards to advertisers for a fee. The billboard companies also place and remove the advertisements and may design and produce the advertising copy, although this function is usually performed by the associated advertising agency.

The County of Mendocino utilizes County Code Section 20.182 to regulate signage in Division 1 (Inland), but that particular code section has not been updated since 1987, and does not adequately address concerns regarding digital signage or the proliferation of signage along scenic corridors. That being said, Division 2 (Coastal) and Division 3 (Town of Mendocino) are more recently updated, and feature more restrictive and effective language regarding signage. Additionally, the County's General Plan features explicit restrictions that

prohibit the installation of new billboards along US 101 in Sanel Valley (Policy CP-H-14) and Long Valley (Policy CP-L-5).

Discussion: The proliferation of billboards outside the city of Ukiah has become a pressing concern, impacting the scenic beauty and visual landscape of Mendocino County. Upon completing an inventory of offsite advertisements with the Ukiah Valley (Attachment 1), Staff determined that since 2016, (9) separate billboard installations have been approved, despite clear language in the County's General Plan to reduce and limit this type of signage. Recognizing the need for collaborative efforts, this section proposes a set of next steps for consideration by the County of Mendocino to address billboard-related issues outside Ukiah city limits, but within the CIty's Planning Area, as delineated by the Ukiah Valley Area Plan (UVAP).

Code Enforcement to Address Violations: Staff recommends the County be encouraged to rigorously enforce Mendocino County Code (MCC) Section 20.184.010. Specifically, addressing entities circumventing 'On-Site Signage' requirements, as well as signs exceeding the maximum area through additive components or features that exceed 300 square feet of sign area as allowed by MCC 20.184.010(C).

Removal of Abandoned Signs: Using Mendocino County Code Section 20.712.045(A) for guidance, Staff recommends a request be submitted to the County for the removal of ‘Abandoned Signs’ by property owners within the Ukiah Valley; or alternatively, that the City's request declares that abandoned off-site signage is a public nuisance utilizing MCC Section 20.216.025, as signs are being maintained contrary to the provisions of County Code.

Billboard Amortization Policy: In line with Mendocino County General Plan Policy DE-88, Staff recommends the County be reminded that they shall "Limit billboards by emphasizing multiple-business and community highway signs and reducing existing billboards through amortization provisions." It is understood, however, that both Federal and State (Caliofnira BPC §§ 5412 and 5412.6) law complicate, and in certain situations prohibit, the amortization of displays and signage without compensation.

Restrictive Requirements for Digital Billboards: Considering the approval of the first 'Digital Billboard' in Mendocino County (BU_2021-2759), Staff recommends the County be encouraged to evaluate the implications of such signage, and quickly consider more restrictive requirements for such signage. Recent legal precedents, such as the U.S. Supreme Court's decision in Austin v. Reagan, affirm the community's right to regulate or even ban digital billboards, providing a legal basis for more stringent controls.

Restriction on Off-Site Signs: Referencing Mendocino County Code Section 20.712.010, Staff recommends suggesting that the County should explore restricting off-site signs within its Inland Zoning Division, allowing exceptions only for public safety, traffic directional, and public access signs. This approach ensures that signage aligns with essential public service needs and unifies the County’s signage regulations across all three (3) zoning divisions.

Outdoor Advertising Tax: Finally, and partly to bolster the County's fiscal situation, Staff recommends encouraging the County to implement an 'Outdoor Advertising Tax' similar to the City of Philadelphia. This measure would not only generate revenue for the County but also act as a deterrent for excessive outdoor advertisements, encouraging responsible use of signage.

Staff recommends Council receive the presentation from Staff, discuss the aforementioned recommendations, and provide direction to Staff regarding next steps related to engagement with the County on this issue.

Recommended Action: Receive presentation, discuss, and provide direction to Staff on next steps to address this issue.

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
DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): GP-A1 - Land Use Element: 10.2 The City shall recognize that the Ukiah Valley is one community and foster collaborative decisionmaking between the City, county, and other public agencies; GP-A1 - Land Use Element: 10.3 The City shall coordinate with Mendocino County to assure consistency with the Ukiah Valley Area Plan goals and policies.

ATTACHMENT 1
# Roadway APN Zoning Date
Established
Relevant Code Sec�on,
Status & Permits
Required
Image
1 NB US 101 186-020-01 AG-40 Pre-2008 Non-Conforming (Zoning) 2 NB US 102 186-020-02 AG-40 Pre-2008 Non-Conforming (Zoning) 3 NB US 103 184-210-08 AG-40 Pre-2012
Poten�al On-Site Sign
Area – Viola�on (MCC

20.184.020(D) > 160
square feet
4 SB US 101 184-110-24 C2-6K Pre-2008 N/A

ATTACHMENT 1
5 SB US 101 184-110-26 I2 Pre-2008 N/A
6 NB US 101 184-110-27 I2 Pre-2008 N/A
7 SB US 101 184-110-22 C2-6K Pre-2008 Poten�al CALTRANS VIP 8 NB US 101 184-070-16 I1 Pre-2008 N/A

ATTACHMENT 1
9 SB US 101 184-070-15 C2-6K Pre-2008 N/A
10 Norgard
Lane 184-063-11 I1
2024
(Approved
Variance)
Post-2012 Billboard;
Proximity to residen�al
units
11 SB US 101 001-360-29 I1 Pre-2008 Abandoned Sign
12 SB US 101 170-190-26 C2-6K 1/10/2018 Post-2012

ATTACHMENT 1
13 SB US 101 170-190-25 C2-6K 1/10/2018 Post-2012
14 NB US 101 170-050-13 C2-6K 8/9/2018 Post-2012
15 NB US 101 170-050-12 C2-6K Pre-2008
Poten�al On-Site Sign
Area – Viola�on (MCC

20.184.020(D) > 160
square feet
16 SB US 101 169-212-06 I1 4/11/2018
Poten�al CALTRANS VIP;
Post-2012
17 SB US 101 169-211-10 I1 Pre-2008 Abandoned Sign

ATTACHMENT 1
18 NB US 101 169-211-20 C2-6K Pre-2008 N/A
19 NB US 101 169-211-20 C2-6K Pre-2008 N/A
20 NB US 101 169-200-06 C2-6K Pre-2008 N/A
21 NB US 101 169-200-08 C2-6K Pre-2008
Poten�al On-Site Sign
Area – Viola�on (MCC

20.184.020(D) > 160
square feet
22 NB US 101 169-140-11 C2-6K Pre-2008
Poten�al On-Site Sign
Area – Viola�on (MCC

20.184.020(D) > 160
square feet

ATTACHMENT 1
23 NB US 101 169-072-11 I1 9/4/2020
Digital Signage
(BU_2021-2759;
9/21/2022); Post-2012
24 SB US 101 169-111-02 AG-40 Pre-2008 Non-Conforming (Zoning) 25 NB US 101 169-072-14 I1 Pre-2008
MCC 20.184.010(C) – OffSite Sign > 300 square
feet
26 SB US 101 169-071-11 SR Pre-2008
Redundant Highway
Signage; Non-Conforming
Zoning; MCC

20.184.010(C) – Off-Site
Sign > 300 square feet
27 NB US 101 169-050-32 I1 8/31/2016 Post-2012

ATTACHMENT 1
28 NB US 101 169-050-33 I1 Pre-2008
Poten�al On-Site Sign
Area – Viola�on > 160
square feet
29 SB US 101 167-280-01 AG-40 Pre-2008
Poten�al On-Site Sign
Area – Viola�on (MCC

20.184.020(D) > 160
square feet
30 NB US 101 167-260-11 I2 Pre-2012 N/A
31 NB US 101 167-230-21 SR Pre-2008
Non-Conforming
(Zoning); Poten�al

CALTRANS VIP

ATTACHMENT 1
32 NB US 101 167-110-21 AG-40 Pre-2012 Non-Conforming (Zoning) 33 SB US 101 167-090-25 AG-40 Pre-2012 Non-Conforming (Zoning) 34 NB US 101 167-070-15 AG-40 Pre-2012 Non-Conforming (Zoning) 35 NB US 101 167-070-15 AG-40 Pre-2012 Non-Conforming (Zoning)

ATTACHMENT 1
36 EB SR 20 165-210-08 AG-40 Pre-2012 Non-Conforming (Zoning) 37 WB SR 20 165-160-18 C2-6K 12/3/2019
Post-2012; Proximity to
residen�al units
38 WB SR 20 165-160-19 C2-6K Pre-2012
Proximity to residen�al
units
39 WB SR 222 180-060-06 I1 Pre-2008
Split Zone - Industrial &
Agriculture

ATTACHMENT 1
40 South State
Street 180-130-24 C2-6K Pre-2008
Poten�al On-Site Sign
Area – Viola�on (MCC

20.184.020(D) > 160
square feet
41 NB US 101 167-230-19 SR 12K 2019-2020
Non-Conforming
(Zoning); Poten�al
Viola�on MCC

20.184.040; Post-2012;
Proximity to residen�al
units
42 North State
Street 170-150-14 I2 Pre-2008 N/A