Ukiah City Council
June 1, 2022

City Council
Regular Meeting
AGENDA
(to be held both at the physical and virtual locations below) Civic Center Council Chamber ♦ 300 Seminary Avenue ♦ Ukiah, CA 95482 To participate or view the virtual meeting, go to the following link: https://zoom.us/j/97199426600 Or you can call in using your telephone only:
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June 1, 2022 - 6:00 PM

1. ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS

3.a. Proclamation: Lesbian, Gay, Bisexual, Transgender, Queer (Plus) (LGBTQ+) Pride Month in the City of Ukiah.

Recommended Action: Issue a proclamation of the Ukiah City Council recognizing June as Lesbian, Gay, Bisexual, Transgender, Queer (Plus)(LGBT+) Pride Month in the City of Ukiah.

Attachments:

1. Proclamation: LGBTQ+ Pride Month 2022

3.b. Proclamation: Immigrant Heritage Month in the City of Ukiah.

Recommended Action: Issue a proclamation of the Ukiah City Council recognizing June as Immigrant Heritage Month in the City of Ukiah.

Attachments:

1. Proclamation: Immigrant Heritage Month Proclamation- June 2022

3.c. Receive Presentation of Exceptional Employee Recognition Awards.

Recommended Action: Receive a presentation of the Exceptional Employee Recognition Awards.

Attachments: None

3.d. Proclamation: Recognition of Tyler Simerson - Eagle Scout Recommended Action: Issue a proclamation of the Ukiah City Council recognizing Tyler Simerson's achievement as an Eagle Scout.

Attachments:

1. Eagle Scout Proclamation

3.e. Presentation of the PFM Group on an Update to the City Council on the City’s Investment Portfolio and Consider Recommended Changes to the City's Investment Policy.

Recommended Action: Receive a presentation from PFM Asset Management LLC (PFM) on the City’s investment portfolio and consider and approve recommended revisions to City's investment policy.

Attachments:

1. PFMAM Presentation to Ukiah_City_Council_June 2022_final

2. Ukiah_InvestmentPolicy_Memo May 2022

3. Investement Policy_June 2021_approved_REVIEW 2022_blacklined

4. PETITIONS AND COMMUNICATIONS

5. APPROVAL OF MINUTES

5.a. Approval of the Minutes for the May 18, 2022, Regular Meeting.

Recommended Action: Approve the minutes for the May 18, 2022, regular meeting, as submitted.

Attachments:

1. 5a 2022-05-18 Draft Minutes

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

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

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

7.a. Adoption of Resolution Adopting a Policy for Escheatment of Unclaimed Money.

Recommended Action: Adopt the Resolution adopting the policy for escheatment of unclaimed money.

Attachments:

1. Resolution - Escheatment Policy

7.b. Annual Report on Mobilehome Park Stabilization Fees and Activities, Adoption of Resolution Updating Program Costs, and Approval to Waive Fees for the FY 2021-22..

Recommended Action: Receive report on the Mobilehome Park Stabilization Administrative Costs and Activities; adopt the Resolution Amending Exhibit A - updating the program costs; approve waiving fees for the FY 2020-21, and authorized the use of the account reserves for current year administrative activities.

Attachments:

1. Ordinance No. 1126

2. Resolution No. 2020-26

3. Letter to Mobilehome Residents

4. Proposed Resolution - redline and clean

7.c. Report of Acquisition of Professional Services from Alpha Analytical Laboratories, Inc. in the Amount of $27,895 for Quarterly Water Sampling and Completion of Chemical Examination Reports for the Ukiah Landfill.

Recommended Action: Receive and file report of acquisition of professional services from Alpha Analytical laboratories, Inc. in the amount of $27,895.00 for quarterly water sampling and completion of chemical examination reports for the Ukiah landfill. report is submitted pursuant to city code.

Attachments:

1. Invoice

7.d. Notification of Emergency Purchase of all Materials and Labor for the Repair of Traffic Signal Control Cabinets at the Intersections of South State Street and Washington Ave from DC Electric Group in the Amount of $49,895, and Approve a Corresponding Budget Amendment.

Recommended Action: Receive notification of the emergency purchase of all materials and labor for the repair of traffic signal control cabinets at the intersections of South State Street and Washington Ave from DC Electric Group in the amount of $49,895, and approve a corresponding budget amendment.

Attachments:

1. Proposal

2. Purchase Order 47926

7.e. Consideration of Award of Bid to Ghilotti Construction Co. in the Amount of $609,806.30 for the Dora Street Overlay Project Specification No. 21-05, and Approval of Corresponding Budget Amendment.

Recommended Action: Award bid to Ghilotti Construction Co. in the amount of $609,806.30 for the Dora Street Overlay Project , Specification No. 21-05, and approve a corresponding budget amendment.

Attachments:

1. March 2, 2022 - Staff Report

2. Bid_Results_Dora St Overlay Spec 21-05

3. Bid from Ghilotti

4. April 20, 2022 - Staff Report

7.f. Adoption of Resolution Calling for the Holding of a General Municipal Election to be Held on November 8, 2022, and to Consolidate and Request the County Clerk to Conduct Said Election with the Statewide General Election.

Recommended Action: Adopt the resolution calling for the holding of a General Election November 8, 2022; to consolidate said Election with the Statewide General Election pursuant to Election Code §10403; and request the Board of Supervisors of the County of Mendocino to request the County Clerk to Conduct the Municipal Election of the City of Ukiah on Tuesday, November 8, 2022, pursuant to Election Code §10002.

Attachments:

1. Proposed Resolution - Call for Election for November 8, 2022

7.g. Approval of Amendment No. 4 to a Professional Services Agreement with PSOMAS for an Amount Not to Exceed $2,500 for Professional Consulting Services Related to the City’s Annexation Efforts.

Recommended Action: Approve Amendment No. 4 to a professional services agreement with PSOMAS for an amount not to exceed $2,500 for professional consulting services related to the City’s annexation efforts.

Attachments:

1. 6UKI010100 CONTRACT 1920-138

2. COU 1920-138 Amendment 1 Executed

3. COU 1920-138 Amendment 2 Executed

4. COU 1920-138 Amendment 3 Executed

5. COU 1920-138 Amendment 4 City Manager signed

6. COU 1920-138 Amendment 4 Proposed

7.h. Consideration of Award of a One (1) Year Extension of City of Ukiah Agreement No. 2021-184 to AP Triton LLC for Continued Consulting Services for The Ukiah Valley Fire Authority's PreHospital Emergency Medical Services in an Amount not to Exceed $60,000.

Recommended Action: Approve a one (1) year extension of COU Agreement No. 2121-184 with AP Triton for an amount not to exceed $60,000.00.

Attachments:

1. Ukiah Valley - extension 05.01.22 to 04.30.23

2. Ukiah Valley PSA 05.01.2021 FULLY EXECUTED

7.i. Consideration of Award of Bid to Wahlund Construction, Inc. in the Amount of $220,775 for the Ford and Orchard Lift Station Replacement Specification No. 22-02.

Recommended Action: Approve award of a contract to Wahlund Construction, Inc. in the amount of $220,775.00 for the Ford and Orchard Lift Station Replacement, Specification No. 22-02.

Attachments:

1. Bid Notice

2. Bid Tabulation

3. Wahlund Bid

7.j. Report to Council of Purchase Order Number 47941 Issued to Elemech, Inc. in the Amount of $26,313.44 for the Purchase of Recycled Water Filling Station FS-22 for the Recycled Water Project.

Recommended Action: Council will receive a report of Purchase Order #47941 issued to Elemech, Inc. for the purchase of One Recycled Water Filling Station, FS-22 in the amount of $26,313.44.

Attachments:

1. Elemech Quote 2203-065-R1

2. Purchase Order 47941

7.k. Notification of Emergency Purchase of all Materials and Labor for the Repair of Traffic Signal at the Intersections of Perkins Street and Hospital Drive from DC Electric Group in the Amount of $12,765 and Approve Corresponding Budget Amendment.

Recommended Action: Receive notification of the emergency purchase of all materials and labor for the repair of traffic at the intersections of Perkins Street and Hospital Drive from DC Electric Group in the amount of $12,765 and approve corresponding budget amendment.

Attachments:

1. DC Electric Invoice

7.l. Consider Approval of an Agreement Between the Ukiah Valley Sanitation District and the City of Ukiah Regarding Provision of Interim Sewer Services and Out of Area Service Agreements and Authorization for the Mayor to Execute.

Recommended Action: Approve the Agreement (in substantial form) between the Ukiah Valley Sanitation District and the City of Ukiah regarding provision of interim sewer services and out of area service agreements and authorize the Mayor to execute.

Attachments:

1. OASA_UVSD.City of Ukiah_Final Draft

7.m. Consider Adoption of Resolution Adopting Travel and Expense Reimbursement Policy.

Recommended Action: Adopt Resolution adopting Travel Policy and rescinding Policy Resolution No. 34 (2005).

Attachments:

1. COU PR - 34 reimbursement

2. Proposed Resolution - Travel Policy

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

9. COUNCIL REPORTS

10. CITY MANAGER/CITY CLERK REPORTS

11. PUBLIC HEARINGS (6:15 PM)

11.a. The City Council will Consider Adoption of a Resolution to Establish the G1 Electric Rate Rider for Self-Generation Customers and Authorize the Electric Utility Director, or His/Her designee, to Execute Self-Generation Interconnection Agreements with Customers.

Recommended Action: Approve Resolution establishing the G1 Electric Rate Rider for selfgeneration customers and authorizing the Electric Utility Director, or his/her designee, to execute self-generation Interconnection Agreements with customers.

Attachments:

1. Self Generation G1 Rider Final

2. 10kW Interconnection Agreement_Final

3. Resolution 2003-36

4. 2022-06-01 Resolution Adopting G1 Rider

12. UNFINISHED BUSINESS

13. NEW BUSINESS

13.a. Council to Receive Status Report on the Ukiah Valley Golf Course and Consider Approval of the 2022/2023 Capital Improvement Plan for the Ukiah Valley Golf Course.

Recommended Action: Approve the 2022/2023 Capital Improvement Plan for the Ukiah Valley Golf Course.

Attachments:

1. Ukiah Golf Course CIP 2022 23

2. UMGC Completed Project Photos

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

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

Attachments:

1. 2022 City Council Special Assignments

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

14.a. Conference with Legal Counsel—Anticipated Litigation (Government Code Section 54956.9(d)(2 & 3))
Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2)(Number of potential cases: 1)
Recommended Action:

Attachments: None

14.b. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1)
Name of case: Roofing & Solar Construction, Inc. v. City of Ukiah et al., Mendocino County Superior Court Case No. 22CV00048
Recommended Action:

Attachments: None

14.c. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018-70200 Recommended Action:

Attachments: None

14.d. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1))
Name of case: Russian River Keepers et al. v. City of Ukiah, Case No. SCUK-CVPT-20-74612 Recommended Action:

Attachments: None

14.e. Conference with Legal Counsel – Existing Litigation (Cal. Gov’t Code Section 54956.9(d)(1))
Name of case: Siderakis v. Ukiah, et al, Mendocino County Superior Court, Case No. 21CV00603
Recommended Action:

Attachments: None

14.f. Conference with Labor Negotiator (54957.6)
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: All Bargaining Units
Recommended Action:

Attachments: None

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

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

Kristine Lawler, City Clerk
Dated: 5/27/22

Agenda Item No: 3.a.

MEETING DATE/TIME: 6/1/2022
ITEM NO: 2022-1689

AGENDA SUMMARY REPORT
SUBJECT: Proclamation: Lesbian, Gay, Bisexual, Transgender, Queer (Plus) (LGBTQ+) Pride Month in the City of Ukiah.

DEPARTMENT: City Manager /
Admin PREPARED BY: Traci Boyl, Management Analyst
PRESENTER: Councilmember Rodin
ATTACHMENTS:

1. Proclamation: LGBTQ+ Pride Month 2022
Summary: The City Council will issue a proclamation recognizing June as Lesbian, Gay, Bisexual, Transgender, Intersex, Asexual, and Two-Spirit (LGBTQ+) Pride Month in the City of Ukiah.

Background: The City continues to recognize the diversity and strength that has developed in the Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, Asexual, and Two-Spirit (LGBTQ+) community by issuing a proclamation (Attachment 1).

Discussion: Council will issue the proclamation in celebration of June as the Lesbian, Gay, Bisexual, Transgender, Intersex, Asexual, and Two-Spirit (LGBTQIA+) Pride Month in the City of Ukiah.

Recommended Action: Issue a proclamation of the Ukiah City Council recognizing June as Lesbian, Gay, Bisexual, Transgender, Queer (Plus)(LGBT+) Pride Month in the City of Ukiah.

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

WHEREAS, throughout the United States during the month of June, celebrations, rallies, and parades will be held recognizing the diversity and strength that has developed in the Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, Asexual, and Two-Spirit community; and WHEREAS, since our founding, America has advanced on an unending path toward becoming a more perfect Union, including advancing the fair treatment of all people and defending and promoting human rights for all, as demonstrated on June 26, 2015, when the Supreme Court ruled in Obergefell v. Hodges that states must license and recognize same-sex marriages; and WHEREAS, LGBTQ+ individuals in Ukiah are productive, compassionate, and contributing members of the community; and
WHEREAS, at the City of Ukiah, we call upon the community to celebrate the great diversity of the community, promote human rights, and create a community where all people, including those within the LGBTQ+ community, have the opportunity to feel proud and supported in their identity and sharing of their stories; and
WHEREAS, the City of Ukiah Civic Center will be accented in the lighting of pride colors throughout the month of June in support of Pride Month.

NOW, THEREFORE BE IT RESOLVED that the Ukiah City Council proclaims the month of June as:

Lesbian, Gay, Bisexual, Transgender, Queer (Plus)
(LGBTQ+) Pride Month in the City of Ukiah.

Signed and sealed, this 1st day of June in the year Two Thousand and Twenty-Two.

Jim O. Brown
City Council, Mayor

C I T Y O F U K I A H
RECOGNIZING JUNE AS “LESBIAN, GAY, BISEXUAL,
TRANSGENDER, QUEER (PLUS) (LGBTQ+) PRIDE
MONTH” IN THE CITY OF UKIAH
Attachment 1

Agenda Item No: 3.b.

MEETING DATE/TIME: 6/1/2022
ITEM NO: 2022-1696

AGENDA SUMMARY REPORT
SUBJECT: Proclamation: Immigrant Heritage Month in the City of Ukiah.

DEPARTMENT: City Manager /
Admin PREPARED BY: Traci Boyl, Management Analyst
PRESENTER: Councilmember Rodin
ATTACHMENTS:

1. Proclamation: Immigrant Heritage Month Proclamation- June 2022 Summary: The City Council will issue a proclamation recognizing June as Immigrant Heritage Month in the City of Ukiah.

Background: The City continues to recognize that immigration enhances Ukiah city's culture and prosperity by issuing a proclamation (Attachment 1).

Discussion: Council will issue the proclamation in celebration of June as Immigrant Heritage Month in the City of Ukiah.

Recommended Action: Issue a proclamation of the Ukiah City Council recognizing June as Immigrant Heritage Month in the City of Ukiah.

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

WHEREAS, generations of immigrants from every corner of the globe have built our country’s economy and created the unique character of our nation; and WHEREAS, immigrants continue to grow businesses, innovate, strengthen our economy, and create employment opportunities in the City of Ukiah; and WHEREAS, immigrants have provided neighborhoods in the City of Ukiah with unique social and cultural influence, fundamentally enriching the extraordinary character of our community; and
WHEREAS, immigrants have been tireless leaders not only in securing their own rights and access to equal opportunity but have also campaigned to create a fairer and more just society for all Americans; and
WHEREAS, immigration enhances Ukiah City’s culture and prosperity, as foreign-born individuals continue to diversify our neighborhoods and strengthen our economy; and WHEREAS, we welcome the community to participate in the celebration and recognition of Immigrant Heritage Month by learning more about the history of immigrant communities throughout generations following our Nation’s founding, and to observe this month with appropriate celebrations and activities;
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Ukiah, hereby proclaims June 2022 as
Immigrant Heritage Month in the City of Ukiah
Signed and sealed, this 1st day of June in the year Two Thousand and Twenty-Two.

Jim O. Brown
City Council, Mayor

C I T Y O F U K I A H
RECOGNIZING JUNE AS “IMMIGRANT HERITAGE
MONTH” IN THE CITY OF UKIAH
Attachment 1

Agenda Item No: 3.c.

MEETING DATE/TIME: 6/1/2022
ITEM NO: 2022-1692

AGENDA SUMMARY REPORT
SUBJECT: Receive Presentation of Exceptional Employee Recognition Awards.

DEPARTMENT: Human Resources /
Risk Management PREPARED BY: Sheri Mannion, H.R. Director/Risk Manager PRESENTER: Department Directors, City Manager, and Mayor ATTACHMENTS:

None
Summary: The Mayor will present selected employees with Exceptional Employee Recognition awards.

Background: The City of Ukiah prioritizes the retention and attraction of outstanding employees and recognizes their role in our goal of providing exceptional customer service. The Exceptional Employee Program, through a nomination process, recognizes and awards those employees or teams of employees who have truly gone above and beyond.

Once each quarter, nominations are considered from the categories of field crews, public safety, and administration.

Discussion: The recipients for the first quarter 2022 are as follows:

Kerry Randall, Facility Administrator; Michael Maldonado, Assistant Facility Administrator; Vicki Gilson, Facility Attendant: The Conference Center team was nominated by members of the public for their professionalism, dedication, and innovation in service to our community. The team assisted the Rotary Club of Lakeport in organizing and facilitating a social event and District Training Assembly for the northern California Rotary Club region in early April 2022. Staff were commended for their professionalism and flexibility during the complicated COVID-19 times. As well as being instrumental in the success of both events by making helpful suggestions and necessary accommodations all throughout the process. The team worked around the clock to insure the needs of the event coordinators and attendees were met, and even delivered extra breakfast and lunch meals from the event to the local homeless shelter on their own lunch break.

Kristine Lawler, City Clerk: Kristine was nominated by a City team member for her professionalism, innovation, and dedication in service to our City team and the community we serve. She consistently looks for ways to improve internal processes for better efficiency and ease of use for both her team members and the public, such as implementing new software for public meetings and improving the City's file retention system, just to name a few. Kristine is always patient and consistently goes above and beyond to teach her fellow coworkers about processes and give a helping hand on projects, Diana Macias, Lead Customer Service Representative: Diana was nominated by a City team member for her professionalism, dedication, and compassion in service to our community. She volunteered to assist the City's Housing Division in the implementation of a new program to assist low-income families who are in arrears on their utility bills due to economic impacts related to the pandemic. The deployment of the program began with two workshops, and Diana immediately went into action from day one. Knowing that some customers may be uncomfortable asking for assistance, she took the initiative to directly reach out to customers who she knew might need help. This act of service became a fundamental shift and inspired her

coworkers to continue to help with the effort and to get the word out. To date, the utility assistance program has assisted a total of 59 households, thanks in large part to Diana's compassion, persistence, and commitment to the community.

Justin Buckingham, Battalion Chief: BC Buckingham was nominated by City team members, the District Attorney, and the Sheriff for his professionalism, innovation, and dedication in service and safety to our community. The Ukiah Valley has seen an unprecedented number of arson-related fires over the last couple of years. BC Buckingham has been recognized for working tirelessly to keep the valley safe from arsonists through his strong investigative work and his proactive approach to arson prevention. He works closely with law enforcement, conducting parallel investigations and providing testimony that has been crucial in solving cases, which has led to the apprehension and ultimate conviction of suspects. BC Buckingham has also placed surveillance cameras in areas where arson is suspected and continues to track unsolved arson cases in an effort to connect them and identify the suspect(s).

Recommended Action: Receive a presentation of the Exceptional Employee Recognition Awards.

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

Agenda Item No: 3.d.

MEETING DATE/TIME: 6/1/2022
ITEM NO: 2022-1701

AGENDA SUMMARY REPORT
SUBJECT: Proclamation: Recognition of Tyler Simerson - Eagle Scout DEPARTMENT: Community Services PREPARED BY: Neil Davis, Community Services Director PRESENTER: Doug Crane, Councilmember
ATTACHMENTS:

1. Eagle Scout Proclamation
Summary: Council will issue a proclamation of the Ukiah City Council recognizing Tyler Simerson's achievement in attaining the rank of Eagle Scout.

Background: Scouts BSA (formerly Boy Scouts of America) was created in 1911 and provides youth, in the fifth grade through high school, with experience in community engagement and leadership development as well as outdoor skills and experience. The scouting experience provides an educational framework allowing participants to work their way through the earned ranks from Tenderfoot, to Second Class, First Class, Star, Life, and finally Eagle. Additionally, the scout earns merit badges in recognition of education and skill acquisition under a wide variety of topics including sports, crafts, science, trades, business, and future careers. There are more than 135 merit badges, and any Scout may earn any of these at any time. Twelve specific merit badges are required to achieve the rank of Eagle Scout.

The final step in attaining the rank of Eagle Scout is the completion of a “project” of the Scout’s choosing. The project provides an opportunity for the candidate to “plan, develop, and give leadership to others,” as noted in the requirement. Eagle Scout projects are evaluated on the benefit to the organization being served and on the leadership provided by the candidate. There must also be evidence of organized planning, development, and leadership.

Discussion: On May 15, 2022, Tyler Simerson was awarded the rank of Eagle Scout. Tyler began this journey by becoming a Scout as a 9-year-old. To become an Eagle Scout, Tyler earned the Scout badge and the ranks of Tenderfoot, Second Class, First Class, Star, Life, and finally Eagle. Along the way, he earned 12 required merit badges and 11 elective merit badges, served in troop leadership positions for a total of 16 months, and spent dozens of hours on service projects, not including the many hours he spent on his Eagle Scout service project. In all, Tyler has completed approximately 325 different requirements.

In becoming an Eagle Scout Tyler has learned how to camp, swim, hike, use woodsman’s tools, build a fire, use a camp stove, and find his way with a map and compass. He’s spent at least 20 days and nights camping out in a tent he pitched on a site he selected. Many of those times he planned his own menu and cooked his own food.

As a sophomore at Ukiah High, Tyler competed on the JV Wrestling Team and is a Scholar Athlete (3.5 or better Unweighted GPA). For his Eagle Scout project Tyler coordinated with the Community Services Department to create a “Planet Walk” at Observatory Park. The Planet Walk is a scale model of the solar system designed to fit within the boundaries of the walking path inside the park. Most people know that the planets orbit the Sun, but it is difficult to visualize just how small the planets are compared to the immensity of the Sun. It is equally difficult to imagine the vast empty spaces between the planets.

The Planet Walk is designed to give a first-hand experience of the distance between the planets on a walkable scale. To accomplish this, the solar system is reduced in size so that the Sun is roughly the size of a lemon. This allows for the Planet Walk to be small enough to include all eight planets and Pluto. This project is a new community educational resource and will be featured at the planned Grand Opening of the new Observatory Park Interpretive Center in August. The Planet Walk can be used for school field trips, giving a lot of kids a chance to walk past the planet markers and learn about the solar system, and it will also be a fun activity for any park user that is interested in the solar system.

The City Council will present Tyler Simerson with a proclamation (Attachment 1) to acknowledge his achievements.

Recommended Action: Issue a proclamation of the Ukiah City Council recognizing Tyler Simerson's achievement as an Eagle Scout.

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

ATTACHMENT 1

ROCLAMATION CITY OF UKIAH
RECOGNIZING TYLER SIMERSON’S ACHIEVEMENT IN ATTAINING THE

RANK OF EAGLE SCOUT
WHEREAS, the City of Ukiah takes pride in its sense of community and citizen involvement; and
WHEREAS, the vision of Scouts BSA (formally Boy Scouts of America) is to prepare every eligible youth in America to become responsible, participating citizens and leaders, who are guided by the Scout Oath and Law; and
WHEREAS, Scouts BSA encourages Eagle Scout candidates to complete worthy projects to improve their neighborhoods, their community and the region; and WHEREAS, Tyler received the rank of Eagle Scout on May 15 2022; and WHEREAS, this is the highest award a scout can receive; few scouts move up through the ranks of scouting and only about 2% make it all the way to Eagle; and WHEREAS, for his community service project, Tyler planned, developed, and provided leadership in the creation of an educational “Planetary Walk” at Observatory Park; and
WHEREAS, in addition to his 23 merit badges, Tyler had 20 nights of camping and over 75 community service hours as a scout; and served in troop leadership positions for a total of 16 months, and spent dozens of hours on service projects; and WHEREAS, Tyler has been continually active in scouts since he was 9 and currently, is not only active in scouting and his community but is also a Scholar Athlete in wrestling with a better than 3.5 Unweighted GPA; and WHEREAS, Tyler has grown into a well-respected young man that both scouts and adults look to as an example.

NOW, THEREFORE, BE IT RESOLVED that we, the City Council of the City of Ukiah, do hereby honor Tyler Simerson of Boy Scout Troop 75 on his achievement of attaining the rank of Eagle Scout, the highest rank in Boy Scouts.

Signed and sealed, this 1st day of June
in the year Two Thousand Twenty-two.
____________________________
Jim O. Brown
City Council, Mayor

Agenda Item No: 3.e.

MEETING DATE/TIME: 6/1/2022
ITEM NO: 2022-1711

AGENDA SUMMARY REPORT
SUBJECT: Presentation of the PFM Group on an Update to the City Council on the City’s Investment Portfolio and Consider Recommended Changes to the City's Investment Policy.

DEPARTMENT: Finance PREPARED BY: Dan Buffalo, Finance Director PRESENTER: Allison Kaune, PFM Asset Management
ATTACHMENTS:

1. PFMAM Presentation to Ukiah_City_Council_June 2022_final

2. Ukiah_InvestmentPolicy_Memo May 2022

3. Investement Policy_June 2021_approved_REVIEW 2022_blacklined Summary: Council will receive a presentation from PFM Asset Management LLC (PFM) on the City’s investment portfolio and consider revision to the City's investment policy.

Background: The City of Ukiah contracts with PFM Asset Management LLC (PFM), an independent investment advisor, to manage the investment of the City’s funds.

Each year, PFM meets with the Investment Oversight Committee - which includes the City Manager, Director of Finance, a City Councilmember, a public member, and the City Treasurer – to review and discuss the City’s portfolio. The first quarter (calendar year) 2022 report is attached (Attachment 1).

Additionally, PFM has recommended revisions to the City's investment policy (Attachment 2), included in the attached redlined version in draft form (Attachment 3).

Discussion: PFM, the City's investment portfolio manager, will provide an update to the City Council on the performance of its investment portfolio.

Recommended Action: Receive a presentation from PFM Asset Management LLC (PFM) on the City’s investment portfolio and consider and approve recommended revisions to City's investment policy.

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

PFM Asset Management LLC
NOT FDIC INSURED : NO BANK GUARANTEE : MAY LOSE VALUE
| pfmam.com
City of Ukiah
Investment Program Update
Presentation to the City Council
June 1, 2022
415-393-7270
For Institutional Investor or Investment Professional
Use Only – This material is not for inspection by,
distribution to, or quotation to the general public
Allison Kaune, Senior Analyst
Attachment 1

▸ Invasion of Ukraine impacted the economic landscape
▹ Commodity prices soared, especially energy
▹ Created significant geopolitical uncertainty
▹ Triggered market volatility
▸ The U.S. economy is characterized by:
▹ A strong labor market
▹ Inflation at a 40-year high
▹ Depressed consumer confidence
▸ The Federal Reserve is tightening monetary policy
▹ Aggressively raising Fed Funds target rate
▹ Balance sheet reduction
▸ U.S. Treasury yields have risen significantly
▹ Rising rates negatively impact market values, worst total return performance in 40 years ▹ New investments purchased at highest yields in four years Market Themes
1 Attachment 1

Despite Strong Labor Market, High Inflation is
Weighing on Consumer Sentiment
2 Source: Bloomberg, as of April 2022.

April 20

14.7%
April 22

3.6%
0%
2%
4%
6%
8%
10%
12%
14%
16%
2018 2019 2020 2021
Unemployment Rate

8.3%
0%
2%
4%
6%
8%
10%
Consumer Price Index
% Change YoY
50 60
70 80
90 100
110
120
2010 2012 2014 2016 2018 2020 2022
Index Value (1996=100)
Index of Consumer Sentiment
520
710
704
263
447
557
689
517
424
677
647
588
504
714
428428
0 200
400
600
800
1,000
Jan-21
Feb-21
Mar-21
Apr-21
May-21
Jun-21
Jul-21
Aug-21Sep-21
Oct-21
Nov-21Dec-21
Jan-22
Feb-22
Mar-22
Apr-22
Thousands
Monthly Change In
Nonfarm Payrolls
Attachment 1

Interest Rates Up Sharply Over Past Year
3 Source: Bloomberg, as of May 12, 2022.

0.00%

0.50%

1.00%

1.50%

2.00%

2.50%

3.00%
2-Year Treasury Yield
+2.40%
over past
year

2.56%
Attachment 1

Sharp Rise in Yields Has Negatively Impacted
Returns
4 Source: Bloomberg, as of May 12, 2022.
-0.67%
-2.84%
-3.72%
-3.95%
-5.0%
-4.0%
-3.0%
-2.0%
-1.0%

0.0%
1-Year
1-3 Year1-5 Year
1-10 Year
Total Return
Treasury Index
U.S. Treasury Index Total Returns
Year Ended March 31, 2022

0.00%

0.50%

1.00%

1.50%

2.00%

2.50%

3.00%

3.50%
3-months
1-year2-year3-year4-year5-year7-year
10-year
Yield
Maturity
Treasury Yield Curve
May 12, 2022
March 31, 2022
March 31, 2021
Attachment 1

City of Ukiah’s Investment Objectives
5 Safety
• High Quality
investments
• Diversification by
sector, issuer, and
maturity
Liquidity
• Cash flow
coordination with
the City
• Appropriate
allocation among
overnight and
invested balances
Return on
Investment
• Duration
management
• Active trading and
continual
evaluation of
relative value
among allowable
sectors
Attachment 1

City of Ukiah Portfolio Snapshot
as of March 31, 2022
6 Portfolio market value and charts include funds managed by PFMAM and balances in LAIF. Excludes accrued interest. Yield at cost, yield at market, duration, and average credit exclude LAIF.

Securities held in the City's portfolio are in compliance with California Government Code and the City's investment policy.

Portfolio Statistics
Market Value $26,389,812
Yield at cost 0.72%
Yield at market 2.21%
Average maturity (years) 2.02
Average Credit AA
Local Agency
Investment
Fund
2%
U.S. Treasury
44%
Federal Agency
19% Federal Agency
MBS
2%
Supranationals
2%
Municipal
Obligations
2%
Asset-Backed
Security
12%
Negotiable
Certificate of
Deposit Corporate Note 2%
15%
Not Rated
(LAIF)
2%
Not Rated by
S&P
2%
A
10%
A-1/A-1+
2%
AA
68%
AAA
13%
BBB+
2%
10%
44%
36%
4% 5%
0%
10%
20%
30%
40%
50%
0-1 year 1-2 years 2-3 years 3-4 years 4-5 years
Sector Allocation
Maturity Distribution
Credit Quality (S&P Ratings)
Attachment 1

Portfolio Total Return Performance
7 Performance on trade-date basis, net of PFM fees. Excludes funds invested in LAIF.

Market Benchmark is the ICE Bank of America Merrill Lynch 1-3 Year Treasury Index. Provided by Bloomberg Financial Markets.

Inception date is December 31, 1997.

Annualized Total Return
Duration Past
Year
Past 5
Years
Past 10
Years
Since
Inception
City of Ukiah 1.72 -2.73% 1.29% 1.05% 3.13%
Performance Benchmark
(1-3 Year U.S. Treasury
Index)

1.80 -2.84% 1.08% 0.86% 2.75%
Difference - +0.11% +0.21% +0.19% +0.26%
Total Return
For Period Ending March 31, 2022
 Total accrual basis earnings for the year ended March 31, 2022, net of PFMAM fees, were $280,718.

Attachment 1

Outlook
8 KEY TAKEAWAYS
► Global growth expectations dominated by
Russian invasion of Ukraine; recession not
expected in the U.S. this year
► Inflation remains problematic but should
begin to moderate (outside of some
commodity prices)
► Consumer balance sheets and labor market
remain strong

RISKS TO OUTLOOK
► Geopolitical risks – progression of RussiaUkraine conflict ► Overly aggressive Fed policy tightening
► Stagflation: Slow growth with persistent
inflation
► Risk of Covid resurgence

PORTFOLIO STRATEGY
► Maintain modestly defensive duration
position, regardless of benchmark
► Underweight allocation to longest maturities
► Continue to increase allocation to credit
sectors
► Carefully manage risk and maintain high
credit quality
Attachment 1

City is Requesting Approval to Move to LongerDuration Benchmark 9 ICE BofA Merrill Lynch (BAML) Indices provided by Bloomberg Financial Markets.  Purpose of a Benchmark:
 Defines and evaluates a long-term investment strategy  Provides for comparison of risk and return
 Measures and evaluates relative investment performance  The City’s portfolio is currently managed according to a 1-3 year strategy and its benchmark is the ICE BofA 1-3 Year U.S. Treasury Index.
 In an effort to safely increase earnings over the long-term, the City is requesting approval to change the benchmark to the ICE BofA 1-5 Year U.S. Treasury Index.  Historically, longer-duration strategies have outperformed shorter-duration strategies, but with more volatility.

Risk/Return of Various Investment Strategies
10 Years Ended March 31, 2022
Strategy Duration
(years)
Annualized Total
Return
Cumulative Earnings on
$25 Million
Quarters With
Negative Return
1-3 Year U.S. Treasury Index 1.87 0.86% $27,223,481 10 out of 40 1-5 Year U.S. Treasury Index 2.61 1.04% $27,714,929 12 out of 40 Attachment 1

City is Requesting Approval to Move to LongerDuration Benchmark 10 ICE BofA Merrill Lynch (BAML) Indices provided by Bloomberg Financial Markets.  Based on historical data, the City could
expect to see higher returns/earnings over
the long-term but with increased volatility of
market values.
 Maturities would be extended gradually.
 Transition would occur over the remainder
of 2022
 New benchmark would become effective
on December 31, 2022
 The City would continue to maintain sufficient
liquidity in overnight accounts.
0%
10%
20%
30%
40%
50%
60%
0-1 Year 1-2 Years 2-3 Years 3-4 Years 4-5 Years
Maturity Distributions
1-3 Year Index City of Ukiah 1-5 Year Index
Portfolio maturities would be
moved longer, gradually.

Portfolio duration extended
from approximately 1.7 years
to 2.6 years.

Attachment 1

Disclaimer
Investment advisory services are provided by PFM Asset Management LLC (“PFMAM”), an investment adviser registered with the U.S. Securities and Exchange Commission and a subsidiary of U.S. Bancorp Asset Management, Inc. (“USBAM”). USBAM is a subsidiary of U.S. Bank National Association (“U.S.

Bank”). U.S. Bank is a separate entity and subsidiary of U.S. Bancorp. U.S. Bank is not responsible for and does not guarantee the products, services or performance of PFMAM. The information contained is not an offer to purchase or sell any securities. Additional applicable regulatory information is available upon request.

For more information regarding PFMAM’s services or entities, please visit www.pfmam.com.

Disclaimer
Investment advisory services are provided by PFM Asset Management LLC (“PFMAM”), an investment adviser registered with the U.S. Securities and Exchange Commission and a subsidiary of U.S. Bancorp Asset Management, Inc. (“USBAM”). USBAM is a subsidiary of U.S. Bank National Association (“U.S.

Bank”). U.S. Bank is a separate entity and subsidiary of U.S. Bancorp. U.S. Bank is not responsible for and does not guarantee the products, services or performance of PFMAM. The information contained is not an offer to purchase or sell any securities. Additional applicable regulatory information is available upon request.

For more information regarding PFMAM’s services or entities, please visit www.pfmam.com. 11 Attachment 1

1 of 1
May 13, 2022
Memorandum
To: Dan Buffalo, Finance Director
Members of the Investment Oversight Committee
City of Ukiah
From: Monique Spyke, Managing Director
Allison Kaune, Senior Analyst
PFM Asset Management LLC
RE: 2022 Investment Policy Review
PFM Asset Management LLC has completed its review of the City of Ukiah’s June 2021 Investment Policy (the “Policy”). The Policy is well written and in compliance with the sections of California Government Code (the “Code”) that govern the investment of public funds.

Furthermore, no changes were made to the Code since the Policy’s last review that require any changes to the Policy.

This year, however, we are recommending one change to the Policy. We recommend the Policy be edited to increase the maximum weighted average maturity of the portfolio from 2.5 years to 3 years. This modest change will allow the City to transition to a slightly longer duration strategy, should the longer duration strategy be approved. See Investment Policy Section VII. Portfolio Limits and Diversification, paragraph 2.

Thank you
Attachment 2

Attachment 3
1 CITY OF UKIAH

STATEMENT OF INVESTMENT POLICY
June 20212022
I. PURPOSE
The purpose of this document is to establish and organize investment policies, which will govern the investment activities of the City of Ukiah.

II. SCOPE
This investment policy covers all the City’s surplus funds and investments (except retirement funds and bond proceeds) and investment activities under the direction of the City. Investment of bond proceeds will be governed by the provisions of relevant bond documents.

The investment policies of the City of Ukiah are based on state law and prudent money management practices. All funds will be invested in accordance with this Investment Policy and applicable California Government Codes, including § 53601 et seq.

III. OBJECTIVES
The primary objectives of the City, in order of priority, shall be:
1) Safety: Safety of principal is the foremost objective of the investment program.

Investments of the City shall be undertaken in a manner that seeks to ensure preservation of capital in the portfolio.
2) Liquidity: The investment portfolio of the City will remain sufficiently liquid to enable the City to meet its cash flow requirements.
3) Yield: The investment strategy of the City shall be to earn a reasonable investment return, considering current market conditions, and within the parameters set forth by priorities (1) and (2) above.

An adequate percentage of the portfolio shall be maintained in liquid, short-term securities that can be converted into cash if necessary to meet forecasted disbursement requirements. The portfolio shall also be appropriately diversified to avoid unreasonable and avoidable risks regarding specific security types or individual financial institutions.

IV. POLICIES

1. Public Funds: It is the policy of the City of Ukiah to invest public funds in a manner which will provide the maximum safety and liquidity, while earning an investment return consistent with the objectives and parameters set forth by this policy.

2. Prudent Investor Standard: Ukiah operates its investments program under the Prudent Investor Standard, which states that the governing body of the local agency or

Attachment 3
2 the persons authorized to make investment decisions on behalf of the local agency are trustees, and, therefore, subject to the Prudent Investor Standard. When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency.

3. Management Responsibilities: Management responsibility for the investment program is delegated, for a one-year period, subject to annual review and delegation, to the City Treasurer. The City Treasurer may further delegate day-to-day management of the investment program to a professional external investment advisor.

4. Internal Controls: A system of internal controls shall be established and documented in writing by the Finance Director. The controls shall be designed to prevent losses of public funds arising from fraud, employee error, misrepresentation of third parties, unanticipated changes in financial markets, or imprudent actions by employees and officers of the City of Ukiah. Controls deemed most important include: minimization of opportunities for collusion, separation of duties, separation of transaction authority from accounting and recordkeeping, avoidance of bearer-form securities, specific limitations regarding securities losses and remedial actions, written confirmation of all transactions, minimizing the number of authorized investment officials, documentation of transactions and strategies, and proper review and approval of brokerage accounts and investment transactions.

5. Safekeeping, Custody, and Delivery: The City’s investments shall be held in safekeeping, in the name of the City of Ukiah, by a third- party custodian bank.

Investment transactions shall be executed and settled using the “delivery vs. payment” method.

6. Reporting: The Finance Director shall review and have available monthly reports in the Finance Department, and available for public review, which shall include type of investment, issuer, purchase and maturity dates, rating, purchase price, par, current market value as of the date of the report and the source of this valuation, and yield to maturity. These reports shall include a list of all transactions during the past month.

The Investment Advisor will also deliver periodic market updates and portfolio reviews to the Finance Director. The Finance Director will deliver investment reports to the Investment Oversight Committee and City Council.

The Oversight Committee will meet at least once annually in order to conduct a comprehensive review of the investment activities of the City so as to insureensure that regulations are being adhered to and that strategies are being followed.

7. Conflict of Interest: In accordance with California Government Code sections 1090,

Attachment 3
3 et seq. and 87100, et seq., officers and employees of the City will refrain from any activity that could conflict with the proper execution of the investment program or which could impair their ability to make impartial investment decisions. All investment personnel shall comply with the reporting requirements of the Political Reform Act, to include the annual filing of Statements of Economic Interest.

8. Return on Investment: The City's investment portfolio shall be designed to attain a market-average rate of return through economic cycles. The Investment Oversight Committee will measure the portfolio against an appropriate benchmark.

9. Annual Review of Policy: The Investment Advisor shall review the Investment Policy annually and provide the City Manager and Finance Director with recommendations if any are needed. The Finance Director will present the Policy, and any recommended changes, to the Investment Oversight Committee and City Council. City Council will review the Policy and recommended changes at a public meeting.

V. AUTHORIZED INVESTMENTS
Generally, investments shall be made in the context of the Prudent Investor Standard. The City is further governed by applicable California Government Codes, including sections 53600 and 53601 et seq. Within the context of these regulations, the following investments are authorized, and further limited herein:
(a) Ukiah Bonds: Bonds issued by the City of Ukiah, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the City or by a department, board, agency, or authority of the City. (b) U.S. Treasury Obligations: United States Treasury notes, bonds, bills, or certificates of indebtedness, or those for which the full faith and credit of the United States are pledged for payment of principal and interest.
(c) California State Obligations: Registered state warrants or treasury notes or bonds of this state, including bonds payable solely out of the revenues from a revenueproducing property owned, controlled, or operated by the state or by a department, board, agency, or authority of the state.
(d) Non-California State Obligations: Registered treasury notes or bonds of any of the other 49 United States in addition to California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 United States in addition to California.
(e) Local Agency Obligations: Bonds, notes, warrants, or other certificates of indebtedness of any local agency within this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the state or by a department, board, agency, or authority of the state.

Attachment 3
4 (f) Federal Agency or Government Sponsored Enterprise Obligations: Federal agency or United States government-sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by Federal Agencies or United States Government Sponsored Enterprises. (g) Bankers’ Acceptances: Bills of exchange or time drafts that are drawn on and accepted by a commercial bank. Purchases of bankers’ acceptances may not exceed 180 days maturity or 40% of the portfolio, and no more than 5% of the portfolio may be invested in the banker’s acceptance of any one commercial bank.

(h) Commercial Paper: Commercial paper of “prime” quality of the highest ranking or of the highest letter and number rating as provided for by a nationally recognized statistical-rating organization. The entity that issues the commercial paper shall meet all of the following conditions in either paragraph (1) or paragraph (2):
(1) The entity meets the following criteria: (a) is organized and operating in the United States as a general corporation; (b) has total assets in excess of five hundred million dollars ($500,000,000); and (c) has debt other than commercial paper, if any, that is rated in a rating category of “A” or its equivalent or higher by an NRSRO. (2) The entity meets the following criteria: (a) is organized within the United States as a special purpose corporation, trust, or limited liability company; (b) has program-wide credit enhancements, including, but not limited to, over collateralization, letters of credit or surety bond; and (c) has commercial paper that is rated “A-1” or higher, or the equivalent, by an NRSRO.

Eligible commercial paper shall have a maximum maturity of 270 days. Purchases of commercial paper may not exceed 25% of the City’s portfolio. No more than 5% of the portfolio may be invested in commercial paper of any one institution.

(i) Negotiable Certificates of Deposit: Negotiable certificates of deposit or deposit notes issued by a nationally or state-chartered bank, a state or federal savings and loan association, or a federally-licensed or state-licensed branch of a foreign bank provided that the senior debt obligations of the issuing institution are rated in a rating category of "A"(long-term) or its equivalent or better or A-1 (short-term) or its equivalent or better by an NRSRO. Purchases of negotiable certificates of deposit may not exceed 30% of the portfolio, and no more than 5% of the City’s portfolio may be invested in any one financial institution.
(j) Repurchase Agreements: The City may invest in repurchase agreements with banks and dealers with which the City has entered into a master repurchase agreement. The maturity of repurchase agreements shall not exceed 365 days. The market value of securities used as collateral for repurchase agreements shall be valued at 102% or greater of the funds borrowed against those securities at all times and shall be monitored daily by the investment staff. In order to conform with provisions of the Federal Bankruptcy Code, which provide for the liquidation of securities held as

Attachment 3
5 collateral for repurchase agreements, the only securities acceptable as collateral shall be direct obligations of the United States or any agency of the United States as described in §V of this policy.

In addition, the City may enter into repurchase agreements only with “primary dealers” as designated by the Federal Reserve Bank of New York. All securities underlying Repurchase Agreements must be delivered to the City’s custodian bank (delivery vs. payment) or be handled under a properly executed “tri-party” repurchase agreement.

The market value must be recalculated each time there is a substitution of collateral.

The City or its trustee shall have a perfected first security interest under the Uniform Commercial Code in all securities subject to Repurchase Agreement. (k) Reverse Repurchase Agreements: The City may invest in reverse repurchase agreements only with “primary dealers” with which the City has entered into a master repurchase agreement contract. The City may invest in reverse repurchase agreements with the following conditions:

Reverse repurchase agreements may be used only after prior approval of the City Council. The City may only use reverse repurchase agreements to (1) cover a temporary cash shortage, or (2) augment earnings. Reverse repos may not be used to leverage the portfolio. In addition:

If a reverse repurchase agreement is authorized, it may be utilized only if the security to be sold on a reverse repurchase agreement has been owned and fully paid for by the City for a minimum of 30 days prior to the sale; the total of all reverse repurchase agreements on investments owned by the City does not exceed 20% of the portfolio; and the agreement does not exceed a term of 92 days, unless the agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of the security using a reverse repurchase agreement and the final maturity date of the same security. The proceeds of the reverse repurchase agreement may not be invested in securities whose maturity exceeds the term of the reverse repurchase agreement.
(l) Medium-term Notes: The City may invest in all corporate and depository institution debt securities with a maximum remaining maturity of five year or less, issued by corporations organized and operating within the United States, or by depository institutions licensed in the United States or any state and operating within the United States. Notes eligible for investment shall be rated in a rating category of “A” or its equivalent or better by an NRSRO. Purchase of corporate notes may not exceed 30% of the portfolio, and no more than 5% of the corporate notes in the portfolio may be invested in the same corporation.
(m) Money Market Funds: Shares of beneficial interest issued by diversified management companies that invest in the securities and obligations as authorized by California Government Code section 53601 subdivisions (a) to (k), inclusive, and subdivisions (m) to (q), inclusive and that are money market funds registered with the

Attachment 3
6 Securities and Exchange Commission under the Investment Company Act of 1940.

To be eligible for investment these companies shall either: (i) attain the highest ranking or highest letter and numerical rating provided by not less than two nationally recognized statistical rating organizations, or (ii) have an investment advisor registered or exempt from registration with the Securities and Exchange Commission with not less than five years experience managing money market mutual funds with assets under management in excess of five hundred million dollars ($500,000,000). The purchase price of shares of beneficial interest purchased shall not include any commission that these companies may charge and shall not exceed 20% of the City’s portfolio.
(n) Local Agency Investment Fund: The City may invest in the Local Agency Investment Fund (LAIF) established by the State Treasurer for the benefit of local agencies under §16429.1 of the Government Code. The maximum balance that can be held in the fund is the maximum amount permitted by LAIF’s Local Investment Advisory Board.
(o) Time Deposits: The City may invest in non-negotiable time deposits that are FDIC insured or fully collateralized in financial institutions located in California, including U.S. branches of foreign banks licensed to do business in California. To be eligible to receive local agency deposits, a financial institution must receive a minimum overall “satisfactory rating” for meeting the credit needs of California Communities in its most recent evaluation. All time deposits must be collateralized in accordance with the California Government Code § 53650, et seq. Since time deposits are not liquid, no more than 25% of the cost value of the portfolio may be invested in this category. (p) Mortgage-Backed and Asset-Backed Securities: Any mortgage pass-through security, collateralized mortgage obligation, mortgage-backed or other pay-through bond, equipment lease-backed certificate, consumer receivable pass-through certificate, or consumer receivable-backed bond. Securities eligible for investment under this subdivision shall be rated in a rating category of “AA” or equivalent or higher by an NRSRO and have a maximum remaining maturity of five years or less.

Purchase of securities authorized by this subdivision may not exceed 20% of the agency's surplus money that may be invested pursuant to this section. (q) Local Government Investment Pools (LGIPs). Shares of beneficial interest issued by a joint powers authority organized pursuant to Section 6509.7 that invests in the securities and obligations authorized in California Government Code section 53601 subdivisions (a) to (r), inclusive. Each share shall represent an equal proportional interest in the underlying pool of securities owned by the joint powers authority. To be eligible under this section, the joint powers authority issuing the shares shall have retained an investment adviser that meets all of the following criteria: (1) The adviser is registered or exempt from registration with the Securities and exchange Commission. (2) The adviser has not less than five years of experience investing in the securities and obligations authorized in subdivisions (a) to (q), inclusive. (3) The adviser has assets under management in excess of five hundred million dollars ($500,000,000).

Attachment 3
7 (r) Supranational Debt. United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or InterAmerican Development Bank, with a maximum remaining maturity of five years or less, and eligible for purchase and sale within the United States. Investments under this subdivision shall be rated in a rating category of "AA" or its equivalent or better by an NRSRO and shall not exceed 30% of the portfolio.

Credit criteria listed in this section refers to the credit quality of the issuing organization at the time the security is purchased. The maturity limits are applied at the time of purchase.

VI. INELIGIBLE INVESTMENTS
The City may only invest in those obligations authorized by this policy. The City shall not invest any funds in inverse floaters, range notes, or interest-only strips that are derived from a pool of mortgages, or in any security that could result in zero interest accrual if held to maturity.

However, the City may hold prohibited investments until their maturity dates.

Notwithstanding the prohibition in the above paragraph, the City may invest in securities issued by, or backed by, the United States government that could result in zero- or negative-interest accrual if held to maturity, in the event of, and for the duration of, a period of negative market interest rates. The City may hold these instruments until their maturity dates. This paragraph shall remain in effect only until January 1, 2026, and as of that date is repealed.

VII. PORTFOLIO LIMITS AND DIVERSIFICATION

1. Maximum Investment Maturity: Unless otherwise noted within this investment policy, the City may not invest in a security with a maturity that exceeds five years from the date of purchase. Investments which exceed five years in maturity require authority granted by City Council before purchase. Written authority of the City Council must be granted specifically or as part of an investment program no less than three months prior to the date of purchase.

2. Maximum Weighted Average Maturity: The maximum weighted average maturity of the City’s investment portfolio shall not exceed 2.53 years to control overall exposure to interest rate risk.

3. Diversification: With the exception of obligations of the United States Government and its Agencies and authorized investment pools, no more than 10% of the portfolio may be invested in the securities of any single issuer, regardless of sector. For certain investment types, a 5% issuer limit is imposed and is stated in the investment description in the Authorized Investment section.

Adopted on the 2nd 1st day of June, 2021 2022 by the Ukiah City Council.

Attachment 3
8 Signed: Attest:
___________________________ _____________________________ Jim O. Brown, Mayor Kristine Lawler, City Clerk

AGENDA ITEM 5a

CITY OF UKIAH

CITY COUNCIL MINUTES
Regular Meeting
Virtual Meeting Link: https://zoom.us/j/97199426600
Ukiah, CA 95482
May 18, 2022
6:00 p.m.

1. ROLL CALL
Ukiah City Council met at a Regular Meeting on May 18, 2022, having been legally noticed on May 13, 2022. The meeting was held virtually at the following link: https://zoom.us/j/97199426600. Mayor Brown called the meeting to order at 6:04 p.m. Roll was taken with the following Councilmembers

Present: Juan V. Orozco, Douglas, F. Crane, Mari Rodin, Josefina Dueňas, and Jim O. Brown. Staff

Present: Sage Sangiacomo, City Manager; David Rapport, City Attorney; and Kristine Lawler, City Clerk.

MAYOR BROWN PRESIDING.

2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Rodin.

3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a. Stormwater Permit Requirements Presentation.

Presenters: Tim Eriksen, Public Works Director/City Engineer and Colleen Hunt, Stone Creek Environmental Consulting.

Presentation was received.
b. Local Roadway Safety Plan (LRSP) Presentation.

Presenters: Tim Eriksen, Public Works Director/City Engineer; Divya Gandhi,TJKM Consultants.

Presentation was received.

4. PETITIONS AND COMMUNICATIONS
The City Clerk stated that all communications had been distributed.

5. APPROVAL OF MINUTES
a. Approval of the Minutes for the May 4, 2022, Regular Meeting.

Motion/Second: Crane/Rodin to approve the corrected of Minutes of May 4, 2022, a regular meeting. Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Dueňas, and Brown. NOES: None. ABSENT: None. ABSTAIN: None.

6. RIGHT TO APPEAL DECISION

7. CONSENT CALENDAR
a. Report of Disbursements for the Month of April, 2022 – Finance.

City Council Minutes for May 18, 2022, Continued:

b. Adoption of Resolution (2022-28) of the City Council Reconsidering the Circumstances of the State of Emergency and Implementing Teleconferencing Requirements for City Council and Board and Commission Meetings During a Proclaimed State of Emergency Due to the COVID-19 Pandemic – City Attorney.
c. Consideration of Adoption of Resolution (2022-29) Approving Records Destruction for the Community Services and Human Resources/Risk Management Departments – City Clerk. d. Annual Report on Mobilehome Park Stabilization Fees and Activities, and Approval to Waive Fees for the FY 2021-22 – City Clerk. Pulled by Staff.
e. Consideration of Adoption of Resolution (2022-30) Appointing Zhao Qiu to the Diversity and Equity Standing Committee – City Clerk.
f. Report of Purchase Order No. 47885 Issued to JM Integration for the Emergency Purchase of Repair Parts for the Waste Water Treatment Plant in the Amount of $36,192.57 – Water Resources. g. Letter of Interest to the State Water Resources Control Board (SWRCB) Regarding Consolidation of Municipal Water Providers – Water Resources.
h. Approval of the Purchase (COU No. 2122-238) of Professional Design Engineering and Construction Management Services for the Suspended Air Floatation (SAF) and Screw Press at the Waste Water Treatment Plant from West Yost in the Amount of $522,087 – Water Resources.

Motion/Second: Rodin/Crane to approve the Consent Calendar Items 7a-c and 7e-h, as submitted.

Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Dueňas, and Brown.

NOES: None. ABSENT: None. ABSTAIN: None.

8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No public comment was received.

9. COUNCIL REPORTS
Presenters: Councilmembers Rodin and Crane; and Sean White, Water Resources Director.

10. CITY MANAGER/CITY CLERK REPORTS
Presenter:
 Leadership Academy – Sage Sangiacomo, City Manager.
 Board of Supervisors Consideration of Sales Tax Measure for Fire Protection and Water Resiliency Projects – Sage Sangiacomo, City Manager.  Implementation of New Ambulance Unit and Emergency Response – Sage Sangiacomo, City Manager.

11. PUBLIC HEARINGS (6:15 PM)
a. Consideration of 1) Adoption of an Initial Study and Mitigated Negative Declaration; and 2) Authorization to Issue a Demolition Permit for a Structure Over the Age of 50 Years Old at 101 South Main Street; File No. 21-6155 and 21-6623 - Continued Item from the May 4, 2022, Council Meeting.

Presenters: Michelle Irace, Planning Manager and Craig Schlatter, Community Development Director.

PUBLIC HEARING OPENED AT 7:55 P.M.

City Council Minutes for May 18, 2022, Continued:

Public Comment: Dennis Crean, Pinky Kushner, Todd Schapmire.

PUBLIC HEARING CLOSED AT 8:55 P.M.

Motion/Second: Rodin/Crane to approve a revised mitigation measure CUL-2: The 101 South Main Street building shall not be demolished until there is a development proposal approved in accordance with the Ukiah City Code and, specifically, the Downtown Zoning Code. At the time of demolition, the pressed metal siding on the west and north portions of the building shall be salvaged. If the pressed metal siding is not able to be salvaged, similar pressed metal siding may be used. Any new development will incorporate into the design all, or a portion, of the pressed metal siding of the existing building to pay homage to the agricultural commercial function of the original building. New development shall require review by the Design Review Board and the Planning Commission, in accordance with the Downtown Zoning Code. Motion carried by the following roll call votes: AYES:

Orozco, Crane, Rodin, and Brown. NOES: Dueňas. ABSENT: None. ABSTAIN: None.

Motion/Second: Rodin/Crane to adopt the Resolution (2022-31) adopting the ISMND with the substituted mitigation – approved in previous motion, based on the Findings in Attachment 4 (see below) with the minor edit (changing ‘for’ to ‘with’ in first sentence of No. 13) as discussed. Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, and Brown. NOES: Dueňas.

ABSENT: None. ABSTAIN: None.

Motion/Second: Rodin/Crane to authorize issuance of the Demolition Permit for 101 South Main Street, based on the market analysis information provided by the applicant indicating that a viable market does not exist and consistent with Findings in Attachment 4 (shown below), including the minor edit from the above motion. Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, and Brown. NOES: Dueňas. ABSENT: None. ABSTAIN: None.

Findings – as seen in Attachment 4:

1. The City of Ukiah, as the Lead Agency, prepared an Initial Study and Mitigated Negative Declaration (ISMND) for the Project (SCH No. 2022030389) under the California Environmental Quality Act (CEQA).

2. The Lead Agency (City) consulted with all applicable responsible agencies and trustee agencies.

3. The Draft ISMND was circulated for public review from March 14, 2022 through April 15, 2022.

No public comments on the ISMND were received during the public review period.

4. The ISMND analyzed areas of potential impacts and based on the conclusions reached within it, the Project would not significantly impact any environmental resources for the following reasons:
a. Temporary ground disturbing activities associated with demolition would have an impact on Air Quality and Cultural/Tribal Cultural Resources. However, mitigation measures identified within the Mitigation, Monitoring and Reporting Program (Section VIII of the ISMND) would adequately reduce all impacts to less than significant. b. The Project would result in a less than significant impact to Aesthetics, Biological Resources, Energy, Geology and Soils, Greenhouse Gases, Hazards Materials, Land Use, Mineral Resources, Noise and Public Services.
c. The Project would have no impact on Agriculture and Forestry Resources, Hydrology and Water Quality, and Population and Housing.

5. Based on the findings and conclusions contained in the ISMND, the proposed Project would not have environmental effects which would cause substantial adverse effects on humans, either directly or indirectly; and there is no substantial evidence in light of the whole record before the

City Council Minutes for May 18, 2022, Continued:

City of Ukiah (including the ISMND and any comments received) that the Project would have a significant effect on the environment.

6. Based upon the analysis, findings, and conclusions contained in the ISMND, the Project will not result in impacts that are individually limited, but cumulative considerable.

7. The Notice of Availability for the public review period, and the Notice of Intent to adopt the ISMND and conduct a public hearing was provided in the following manner, in accordance with the Ukiah City Code and California Environmental Quality Act (CEQA) Guidelines Section 15073: Provided to property owners within 300 feet of the Project parcel, as well as agencies and departments with jurisdiction or interest over the project on March 14, 2022; provided to interested parties who submitted written comments on the Draft ISMND during the public review period on March 14, 2022; posted on the City’s CEQA webpage on March 15, 2022 and March 7, 2022; published in the Ukiah Daily Journal on March 16, 2022; posted on the Project site on March 16, 2022; and posted at the Civic Center (glass case) 72 hours prior to the public hearings.

8. The ISMND and record of proceedings of the decision on the Project are available for public review at the City of Ukiah Community Development Department, Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA.

9. On December 28, 2021, the City’s Demolition Review Committee (DRC) held a public meeting and reviewed the Demolition Permit, in accordance with Ukiah City Code Section 3016(e). The DRC meeting was properly noticed in accordance with 3016(d). The DRC determined that the two buildings do not meet the criteria outlined in UCC 3016(e), and as such, recommended that City Council authorize issuance of the Demolition Permit to demolish the two structures.

10. On May 4, 2022, the City Council held a public hearing in accordance with UCC 3016(g) to receive public comment and consider the DRC’s recommendation, as well as approval of the ISMND for the Project.

11. At the May 4, 2022 Council meeting, Council considered authorization to issue the Demolition Permit for 101 and 105 South Main Street, as well as approval of the Initial Study and Mitigated Negative Declaration (ISMND) for the Project. At this meeting, Council determined that the 105 South Main Street building has no historic significance (5-0 vote) under UCC Section 3016. As such, no further action by Council is needed for 105 South Main Street and the Demolition Permit for that building may be issued.

12. Regarding 101 South Main Street, the Council determined that the following UCC 3016(e) criteria applies to the building: 1) Has special or particular quality such as oldest, best example, largest, or last surviving example of its kind-in this case the metal clad; and 2) Exemplifies or reflects special elements of the City’s cultural, social, economic, political, or architectural history because it is the only remaining building to tell the story of how this block functioned as a service hub for agricultural commerce. Consideration of the Demolition Permit for this building and adoption of the ISMND were continued to the May 18, 2022 City Council meeting.

13. Because of these findings, at the May 18, 2022 Council meeting, Mitigation Measure CUL-2 (requiring an educational plaque to be erected) was substituted with a new CUL-2, requiring salvaging of the metal clad siding. If the pressed metal siding is not able to be salvaged, similar pressed metal siding may be used. Any new development will incorporate into the design all, or a portion, of the pressed metal siding of the existing building to pay homage to the agricultural commercial function of the original building. The substituted CUL-2 is found to be more effective in mitigating impacts related to demolition of the 101 South Main Street building and would not itself have any adverse environmental impacts. The substitution of this mitigation measure was completed in accordance with CEQA Guidelines Section § 15074.1, Substitution of Mitigation

City Council Minutes for May 18, 2022, Continued:

Measures in a Proposed Mitigated Negative Declaration, and does not require recirculation of the ISMND.

14. At the May 18, 2022 Council meeting, in accordance with UCC 3016, Council determined that a viable market does not exist for the 101 South Main Street building based on information submitted by the Applicant. Per UCC 3016, the Building Permit shall be stayed for 90 days while the City and Applicant determined if alternatives exist to salvage the building. However, the 90- day stay was effectively waived by the Council and the Applicant agreeing to implement Mitigation Measure CUL-2. As such, the Council authorized issuance of the Demolition Permit subject to the condition that any site development or building permit issued for new construction on the subject property shall require compliance with CUL-1 and CUL-2 and adopted the ISMND and via Resolution Number 2022-; this decision reflects the City Council’s independent judgment and analysis.

RECESS: 9:08 – 9:21 P.M.

12. UNFINISHED BUSINESS
a. Receive Report on 2019-2027 Housing Element Implementation Program 2c, Monitoring of the Conversion of Single-Family Residential Homes to Commercial Uses, and Provide Direction to Staff as Necessary.

Presenter: Mireya Turner, Planning Manager.

Motion/Second: Crane/Rodin to receive report and direct Staff to bring item back on a regular basis.

Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Dueňas, and Brown.

NOES: None. ABSENT: None. ABSTAIN: None.
b. Review and Update, if Warranted, the Ukiah City Council Strategic Plan.

Presenter: Traci Boyl, Management Analyst.

Council Consensus to accept the changes that have been made. c. Review of the Five-Year Capital Improvement Plan.

Presenter: Mary Horger, Financial Services Manager.

Presentation was received.

13. NEW BUSINESS
a. Discussion and Possible Action Regarding the Cancellation of the July 6, 2022, Regular City Council Meeting, with the Option for the Mayor and/or City Manager to Call for a Special Meeting on an Alternate Date if Time Sensitive Business Arises.

Presenter: Sage Sangiacomo, City Manager.

Motion/Second: Crane/Orozco to approve the cancellation of the July 6, 2022, Regular City Council Meeting, with the option for the Mayor and/or City Manager to call for a special meeting on an alternate date if time sensitive business arises. Motion carried by the following roll call votes: AYES:

Orozco, Crane, Rodin, Dueňas, and Brown. NOES: None. ABSENT: None. ABSTAIN: None.

City Council Minutes for May 18, 2022, Continued:

b. 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).

No reports were received.

14. CLOSED SESSION
a. Conference with Legal Counsel—Anticipated Litigation (Government Code Section 54956.9(d)(2 & 3))
Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2)(Number of potential cases: 1)
b. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1)
Name of case: Roofing & Solar Construction, Inc. v. City of Ukiah et al., Mendocino County Superior Court Case No. 22CV00048
c. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018-70200 d. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Russian River Keepers et al. v. City of Ukiah, Case No. SCUK-CVPT-20-74612 e. Conference with Legal Counsel – Existing Litigation
(Cal. Gov’t Code Section 54956.9(d)(1))
Name of case: Siderakis v. Ukiah, et al, Mendocino County Superior Court, Case No. 21CV00603 f. Conference with Labor Negotiator (54957.6)
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: All Bargaining Units
No Closed Session was held.

15. ADJOURNMENT
There being no further business, the meeting adjourned at 9:55 p.m. ________________________________
Kristine Lawler, City Clerk

Agenda Item No: 7.a.

MEETING DATE/TIME: 6/1/2022
ITEM NO: 2022-1684

AGENDA SUMMARY REPORT
SUBJECT: Adoption of Resolution Adopting a Policy for Escheatment of Unclaimed Money.

DEPARTMENT: Finance PREPARED BY: Ginny Michel, Assistant Finance Director PRESENTER: Ginny Feth-Michel, Assistant Finance Director ATTACHMENTS:

1. Resolution - Escheatment Policy
Summary: Council will consider adoption of a resolution adoption a policy for escheatment of unclaimed money, or provide Staff with suggested changes to be incorporated into the policy.

Background: California’s government code section 50001 through 50057 provides that, except as provided by law, money that is not the property of a local agency that remains unclaimed in its treasury or in the official custody of its officers for three years is the property of the local agency, after notice, if not claimed or if no verified complaint is filed and served. The Code sets forth steps required for notice, claim requirements and other procedures.

The City does not currently have such a policy, therefore the Finance Department, with assistance from the City Attorney’s office, developed the attached policy for the Council’s consideration.

Discussion: Each year the City accumulates uncashed checks, customer utility or other deposits that remain unclaimed, even though attempts are made to contact the payees and reissue the checks or locate the person or entity entitled to the deposits. Normally, these unclaimed funds consist of:
 Uncashed checks issued through Accounts Payable or payroll;  Utility account over payment or deposit on closed accounts where the account holder does not provide a forwarding address or contact information; or
 Project, rental or other deposits that are unused or by agreement are required to be returned to a payer whose contact information is invalid and cannot be located.

Staff proposes that the City Council adopt a formal policy, by Resolution (Attachment 1), regarding the proper handling of unclaimed money that follows the requirements of Government Code Section 50001-57607.

Adoption of this policy will set up a procedure to escheat these funds to the City or appropriate fund after proper notice has been satisfied.

Recommended Action: Adopt the Resolution adopting the policy for escheatment of unclaimed money.

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: Daniel Buffalo, Finance Director, Olga Keough, Controller and City Attorney’s Office

RESOLUTION NO. 2022-XX

RESOLUTION OF THE CITY OF UKIAH ADOPTING THE CITY OF UKIAH POLICY FOR ESCHEATMENT OF UNCLAIMED MONEY.

WHEREAS, California’s government code section 50001 through 50057, provides that, except as provided by law, money that is not the property of a local agency that remains unclaimed in its treasury or in the official custody of its officers for three years is the property of the local agency, after notice, if not claimed or if no verified complaint is filed and served. The Code sets forth steps required for notice, claim requirements and other procedures; and
WHEREAS, the City does not currently have such a policy, therefore the Finance Department, with assistance from the City Attorney’s office, developed the attached policy, which is Exhibit A.

NOW, THEREFORE BE IT RESOLVED, that the Council of the City of Ukiah hereby adopts the City’s Policy for Escheatment of Unclaimed Money.

PASSED, ADOPTED and APPROVED this 1st day of June, 2022 by the following vote on roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_______________________________
Jim O. Brown, Mayor
ATTEST:
_______________________________
Kristine Lawler, City Clerk
ATTACHMENT 1

Finance and IT Department
TITLE:

POLICY FOR HANDLING ESCHEATMENT
CATEGORY: DISBURSEMENTS ADOPTION LEVEL:

DEPARTMENT
DATE:

POLICY NO.: 002-2022 ENABLING RESOLUTION
(resolution no) N/A
Authorizing
Signature

ORIGINALLY ADOPTED NA

REVISED NA

POLICY COMMITTEE

DEPARTMENT HEAD
Table of Contents
Policy ............................................................................................................................................................. 1 General Policy Guidelines ......................................................................................................................... 1 Procedures.................................................................................................................................................... 1 Attachments.................................................................................................................................................. 3 A. Attachment A: Public Notice............................................................................................................. 3 B. Attachment B: Claim Form................................................................................................................ 4 C. Attachment C: Claim Rejection Form................................................................................................ 5 POLICY
General Policy Guidelines
This Policy is established to provide for the escheatment of unclaimed money for the City of Ukiah (“City”), including private organizations or other governments that the City has a fiduciary responsibility to record receipt, temporary investment and remittance of resources, consistent with the provisions of Government Code Sections 50050 through 50057. In the event of any conflict between the provisions of the Government Code and the provisions of this Policy, the provisions of the Government Code shall prevail.

PROCEDURES

1. Money that is not the property of the City that remains unclaimed for a period of more than three (3) years shall become the property of the City forty-five (45) days after publication of the Notice described in Paragraph 3 below (Government Code Sections 50050 and 50051). 4/30/2022

EXHIBIT A

2. Each December and June, a register of unclaimed checks will be generated or updated and reviewed. Items older than six (6) months will be voided in the financial software system and moved to an Unclaimed Checks liability account.

3. Annually, following the expiration of the three (3) year period described in Paragraph 1 above, the Finance Director (or designee) of the City may cause a Notice to be published once a week for two successive weeks in a newspaper of general circulation published in the local area of the City of Ukiah, and on its website (Government Code Section 50050).

4. The Notice shall include the following information:
a) The individual or business name as shown on the issued check b) The amount of the issued check
c) The check number
d) A statement announcing that the money shall become the property of the City on the date that is forty-five (45) days after the publication of the notice. (Government Code Section 50051). A model template for the Notice is attached as Attachment A.

5. A party of interest may file a Claim at any time until the date on which the money becomes the property of the City as provided in Paragraph 1 above. The Claim request must include the following information:
a) The claimant’s name, address, and telephone number;
b) A form W-9;
c) Proof of identity such as a copy of a driver’s license, social security card or birth certificate; d) Amount of the claim;
e) The grounds on which the claim is founded (Government Code Section 50052).

A model Claim Form is attached as Attachment B.

6. Upon receipt of the information and documents described in Paragraph 5 above, prior to the date the unclaimed money becomes the property of the City, the Finance Director may release the money (by issuance of a new check, for example) to the depositor, or heir, beneficiary, or duly appointed representative (Government Code Section 50052.5). Any claims paid under this policy shall be without interest.

7. Upon rejection of a claim by the Finance Director, a claimant may file a verified complaint seeking to recover all, or a designated part, of the money in a court of competent jurisdiction (Government Code Section 50052).

8. Unless otherwise required by law (e.g., where the claimant has served the Finance Director with a timely complaint as described in Paragraph 7 above), upon unclaimed money becoming the property of the City, it shall be removed from the Unclaimed Checks liability account and recognized as General Fund miscellaneous revenue or other appropriate fund as determined by the Finance Director.

9. Any individual item of less than fifteen ($15.00) dollars or any amount, if the depositor’s name is unknown, which remains unclaimed for a period of one (1) year may become the property of the City without the necessity of public notification in a newspaper or City website (Government Code Section 50055).

ATTACHMENTS
A. Attachment A: Public Notice

PUBLIC NOTICE
_____________________________________________________________________

CITY OF UKIAH

PUBLIC NOTICE
_____________________________________________________________________ NOTICE IS HEREBY GIVEN THAT, the Finance Department of the City of Ukiah, County of Mendocino, State of California, declares that the following monetary sums have been held by the City of Ukiah and have remained unclaimed in the amounts hereafter indicated for a period of over three (3) years and will become the property of the City of Ukiah on the __ day of [month], [year], a date not less than fortyfive (45) days after the first publication of this Notice.

Any party of interest may, prior to the date designated herein above, file a claim with the City’s Finance Department which includes the claimant’s name, address, telephone number, amount of claim, the grounds on which the claim is founded and proper proof of the claim. The Unclaimed Funds Form can be obtained from the City’s Finance Department at 300 Seminary Avenue, Ukiah, CA 95482 or from the City’s website at www.cityofukiah.com/finance/. A completed and executed Form W-9 must be provided before funds will be released. A copy of Form W-9 can be found at www.irs.gov/pub/irspdf/fw9.pdf.

The City’s Finance Department can be contacted with any questions at (707) 463-6212.

Check Date Check Number Check Amount Payee Name
_________________________________________
Daniel Buffalo
Finance Director

B. Attachment B: Claim Form

CLAIM FORM
____________________________________________________________________

CITY OF UKIAH
UNCLAIMED FUNDS – CLAIM FORM
____________________________________________________________________ Return competed form to:

City of Ukiah
Finance Department
300 Seminary Avenue
Ukiah, CA 95482
Pursuant to California Government Code Section 50052, I wish to file a claim for a previously unclaimed check in the amount of $____________. I have attached a completed Form W-9 and the grounds on which I file this claim are: (provide documents that support your claim, otherwise your claim may be rejected. For example, copies of signed agreements, permit number, or cancelled checks):
_____________________________________________________________________________________ _____________________________________________________________________________________ Vendor or Individual Name (Printed)
_______________________________________________________ Vendor or Individual Name (Signature) Telephone Number
_______________________________________ __________________________ Address
_________________________________________________________________ City / State / Zip Code
_________________________________________________________________ For Finance Department Only
Completed Form W-9: ____ Proof of Identity Verified: ____ Check One:
_____ Driver’s License _____ Social Security Card _____ Birth Certificate Verified by: ____________________________ Date: __________________________ Claim: _____ Approved _____ Rejected Reason for Rejection: ________________________ Reviewed by: ____________________________Date: __________________________

C. Attachment C: Claim Rejection Form

CLAIM REJECTION FORM
____________________________________________________________________

CITY OF UKIAH
UNCLAIMED MONEY – CLAIM REJECTION FORM
____________________________________________________________________ The City of Ukiah has rejected the unclaimed property claim of:

Vendor or Individual Name
_____________________________________________________________ Address
_________________________________________________________________ City / State / Zip Code
_____________________________________________________________ Original Check Date: __________________________________________ Original Check Amount: __________________________________________ The grounds on which this claim has been rejected are:
_____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Under California Government Code Section 50052, you have the right to file a verified complaint seeking to recover all or a designated part of the money in a court of competent jurisdiction within Mendocino County. A copy of the complaint and the summons issued thereon must be served within thirty (30) days of receiving this notice of rejection. Upon being served, the Finance Director will withhold the disputed amount from being released until a decision is rendered by the court. _________________________________________
Daniel Buffalo
Finance Director

Agenda Item No: 7.b.

MEETING DATE/TIME: 6/1/2022
ITEM NO: 2022-1688

AGENDA SUMMARY REPORT
SUBJECT: Annual Report on Mobilehome Park Stabilization Fees and Activities, Adoption of Resolution Updating Program Costs, and Approval to Waive Fees for the FY 2021-22..

DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk PRESENTER: Kristine Lawler, City Clerk
ATTACHMENTS:

1. Ordinance No. 1126

2. Resolution No. 2020-26

3. Letter to Mobilehome Residents

4. Proposed Resolution - redline and clean
Summary: Council will receive an annual report on the administrative costs and activities regarding the mobilehome park rent stabilization program, and consider waiving the fees for the Fiscal Year 2021-22.

Background: In October 2010, the City Council adopted Ordinance 1126 (Attachment 1) to provide regulations surrounding mobilehome park rent increases and capital improvement pass-through costs. This Ordinance works in tandem with an adopted resolution that sets the administrative fees associated with Section 2715 of the Ordinance, and is reviewed annually.

In 2018, Council gave direction to Staff to charge the mobilehome park stabilization account each year to cover the City administrative costs incurred to maintain the requirements laid out in the Resolution; only invoicing the mobilehome park owners/residents when the balance in the account falls below the estimated costs for arbitration and administrative activities. Staff was also directed to implement an annual educational program to inform the tenants of their rights through the ordinance and resolution, and include those actions and results in the yearly report to Council.

As part of the educational program, a webpage was established and has been maintained on the City’s website at: http://www.cityofukiah.com/mobile-home-park-rent-stabilization-2/. The webpage contains links to the following: Ordinance 1126 and Resolution 2020-26 that govern the stabilization process and costs; the December 20, 2017, Staff Report to Council that details how the fees are assessed; and the annual letter sent to the mobilehome park owners regarding the October CPI, which dictates the amount that rent can be increased. All correspondence and documents pertaining to the mobilehome park rent stabilization are added on an on-going basis to this webpage.

In May of 2020, Council adopted Resolution 2021-26 (Attachment 2) that amended and updated the arbitration and administrative costs. In May of 2021, there was no need to update the resolution.

In addition, a letter (Attachment 3) was sent out on May 9, 2022, to all mobilehome park residents to bring their awareness to the website resource. As of the publication of this agenda item, the Clerk’s office has received three calls from park residents who wished to learn more about the program.

Discussion: The current before-year-end-close balance in the Mobilehome Rent Stabilization Trust Fund (90000000.23251) is $24,020. The estimated administrative and educational outreach costs for the 21-22 Fiscal Year is $878 (using the higher rate of the two invoicing rates specified in the resolution), which would

leave a remaining balance of $23,142. After acquiring an updated fee schedule from JAMS and ADR Services, the total reasonable estimate for the annual cost to administer Chapter 8, including arbitrations is $12,278. As the estimated remaining balance would still exceed the suggested reasonable estimate of costs, Staff recommends waiving the annual billing to the mobilehome parks for the fiscal year 2021-22, and authorized the use of the account reserves for current year administrative activities.

Costs to implement the program shown on Exhibit A to Resolution 2020-26, have changed due to the hourly arbitration costs. Therefore, Staff is recommending adoption of a new resolution amending Exhibit A to include the cost differences. Red-line and clean versions of the proposed resolution are included as Attachment

4. These changes would not affect the recommendation to waive the annual fee to the mobilehome parks for the fiscal year 2021-22.

Recommended Action: Receive report on the Mobilehome Park Stabilization Administrative Costs and Activities; adopt the Resolution Amending Exhibit A - updating the program costs; approve waiving fees for the FY 2020-21, and authorized the use of the account reserves for current year administrative activities.

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: $24,020
PROPOSED BUDGET AMOUNT: $523
FINANCING SOURCE: 90000000.23251 - Mobilehome Rent Stabilization Trust Fund PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A

ORDINANCE NO. 1126

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
UKIAH ADDING A NEW CHAPTER 8, ENTITLED:

MOBILEHOME RENT STABILIZATION," TO DIVISION 1
OF THE UKIAH CITY CODE.

SECTION ONE.

The City Council of the City of Ukiah hereby ordains that a new Chapter 8, entitled "Mobilehome Rent Stabilization" is hereby added to Division 1 of the Ukiah City Code to read as follows.

DIVISION 1 BUILDING
CHAPTER 8 MOBILEHOME RENT STABILIZATION
2700: FINDINGS AND PURPOSE.

A) The State of California has recognized, by the adoption of special legislation regulating tenancies of mobilehome owners in mobilehome parks, that there is a significant distinction between homeowners in mobilehome parks and other dwelling units, and the State likewise has recognized that homeowners in mobilehome parks, unlike apartment tenants or residents of other rental stock, are in the unique position of having made a substantial investment in a residence, the space for which is rented or leased as distinguished from owned.

The physical removal and relocation of a mobilehome from a rented or leased space within a mobilehome park can be accomplished only at substantial cost and inconvenience with a limited concurrent ability to find another location and, in many instances, the removal requires a separation of the mobilehome unit from appurtenances which have been made permanent, thus creating severe damage and depreciation in value to the mobilehome.

Because of the limited availability of vacant spaces in mobilehome parks, the age and condition of some mobilehomes and the cost of moving mobilehomes, it is extremely difficult, if not impossible, to move a mobilehome from one park to another within the City.

B) There is presently within the City and the surrounding areas a shortage of sites for the placement of mobilehomes.

C) According to the Ukiah General Plan Housing Element, mobilehomes presently constitute an important source of housing for persons of extremely low, ATTACHMENT 1

very low, low, and moderate income levels, who as a group are unable to afford unreasonably large rent increases.

D) A large number of persons living in mobilehomes are elderly, some of whom live on small fixed incomes. These persons may expend a substantial portion of their income on rent and may not be able to afford other housing within the City.

E) Rents for sites within mobilehome parks in the City have, prior to the adoption of this chapter, increased substantially, with recent increases in one park exceeding by a substantial amount the annual increase in the cost of living.

F) Space rent increases at the time of sale or other transfer of a mobilehome within a park have been shown to be substantially over the pre-transfer rent.

Such large rent increases at the time of sale of a mobilehome may unfairly depress the sales price of the mobilehome and work an economic hardship on the mobilehome owner. The annual rent increases and vacancy control provisions of this chapter prevent this economic hardship while protecting the property rights of owners.

G) Because of the space shortage and potential for rapidly rising rents, regulation is necessary to assure that economic hardship to a substantial number of mobilehome owners in the City, many of whom are senior citizens on low fixed incomes, does not occur.

H) It is the purpose of this chapter to establish a speedy and efficient method of reviewing certain requested mobilehome space rent increases in mobilehome parks to protect mobilehome owners from arbitrary, capricious or unreasonable site rent adjustments while insuring owners and/or operators and investors a fair and reasonable return on their investment in their mobilehome park. 2701: DEFINITIONS.

For the purpose of this chapter, the following words, terms and phrases shall be defined as follows:

A) "Affected mobilehome owners" means those mobilehome owners whose space is not covered by a valid lease meeting the requirements of section 798. b) 17(of the California Civil Code or otherwise legally exempt from local rent control regulation.

B) "Arbitrator" means a person who is neither a mobilehome owner nor has an interest in a mobilehome park of a nature that would require disqualification under the provisions of the Political Reform Act if the person were a designated City employee, has experience in analysis of financial records, and meets one of the following criteria:
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1) Licensed attorney or CPA who is qualified by experience or training to conduct the arbitrations authorized by this chapter.
2) Membership in the American Arbitration Association with expertise in rental dispute arbitration; or
3) Service as a judge in a state or federal court.

C) "Capital improvement" means those improvements which directly and primarily benefit and serve the existing mobilehome owners by materially adding to the value of the park or adapting it to new uses, and which are required to be amortized over the useful life of the improvements pursuant to the provisions of the Internal Revenue Code. "Capital improvement costs" means all costs reasonably and necessarily related to the planning, engineering and construction of capital improvements and shall include debt service costs, if any, incurred as a direct result of the capital improvement. Capital improvement does not include ordinary maintenance or repairs or Capital replacements.

D) "Capital replacement" means a capital expenditure as defined by the Internal Revenue Code which replaces, upgrades or repairs an existing improvement, such as, but not limited to, an on-site water or electrical distribution or sewage collection system, a street, a parking area, or common facility, such as a laundry, community kitchen or meeting room. If the expenditure qualifies for treatment as a capital expenditure which must be depreciated under the Internal Revenue Code, it is a capital replacement. If it can be fully deducted in one year as a business expense, it does not qualify as a capital replacement.

E) "City" means the City of Ukiah, California.

F) "Clerk" means Clerk of the Ukiah Mobilehome Rent Stabilization Program, who shall be an employee or independent contractor designated by the City Manager as the Clerk and assigned the Clerk's duties as prescribed by this chapter or as needed for the proper implementation of this chapter.

G) "Consumer Price Index" or "CPI" means the Consumer Price Index for all urban consumers in the San Francisco/ SanOakland/Jose area published by the United States Bureau of Labor Statistics.

H) "Department" means the Department of Community Development of the City of Ukiah.
1) " MRL" means the California Mobilehome Residency Law.

J) "Mobilehome" means

1) a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code, including a manufactured home, as defined in Section 18007 of the Health and Safety Code, and a mobilehome, as defined in Section 18008 of the Health and Safety Code, but, except as provided in subdivision (2), does not include a recreational vehicle, as defined in Section 799.29 of the Civil Code and Section 18010 of the Health and Safety Code or a commercial coach as defined in Section 18001.8of the Health and Safety Code.
2) "Mobilehome," for purposes of this chapter, also includes trailers and other recreational vehicles of all types defined in Section 18010 of the Health and Safety Code, other than motor homes, truck campers, and camping trailers, which are used for human habitation, if the occupancy criteria of either paragraph (i) or (ii), as follows, are met:
i) The trailer or other recreational vehicle occupies a mobilehome site in the park, on November 15, 1992, under a rental agreement with a term of one month or longer, and the trailer or other recreational vehicle occupied a mobilehome site in the park prior to January 1, 1991. ii) The trailer or other recreational vehicle occupies a mobilehome site in the park for nine or more continuous months commencing on or after November 15, 1992.

Mobilehome" does not include a trailer or other recreational vehicle located in a recreational vehicle park subject to Chapter 2.6 (commencing with Section 799.20) of the Civil Code.

K) "Mobilehome park" or "park" means any area of land within the City of Ukiah where two or more mobilehome spaces are rented, or held out for rent, to accommodate mobilehomes used for human habitation.

L) "Mobilehome space" means the site within a mobilehome park intended, designed or used for the location or accommodation of a mobilehome and any accessory structures or appurtenances attached thereto or used in conjunction therewith.

M) "Mobilehome owner" means a person who is the owner of a mobilehome and legally occupies the mobilehome within a mobilehome park. Unless otherwise indicated, mobilehome owner includes tenants.

N) "Owner" means the owner or operator of a mobilehome park or an agent or representative authorized to act on said owner's or operator's behalf in connection with the maintenance or operation of such park. 4

O) "Party" as used in this chapter refers to any affected mobilehome owner and/or owner involved in proceedings under this chapter.

P) "Prospective mobilehome owner" means a person who is in the process of negotiating a tenancy in a mobilehome park.

Q) "Rent" means the consideration paid for the use or occupancy of a mobilehome space.

R) "Rent stabilization administration fee" means the fee established from time to time by resolution of the City Council in accordance with the provisions of the chapter.

S) "Rent increase" means any increase in base rent charged by an owner to a mobilehome owner or offered to a prospective mobilehome owner.

T) "Tenant" means the person or persons who have signed a lease of a mobilehome park space as the lessee of the space.
2702: BASE RENT.

Except as provided in this chapter, an owner shall not demand, accept or retain rent for a mobilehome space exceeding the base rent which shall be the rent in effect for that space on the date this section becomes effective (the Effective Date"). If a previously rented mobilehome space was not rented on the Effective Date, the base rent shall not exceed the rent in effect during the last month the space was rented prior to that date, except as provided in this chapter.

For a mobilehome space first rented after the Effective Date, the owner shall establish the base rent. For parks annexed into the City after the Effective Date, the base rent shall be the rent charged on the effective date of a park's annexation into the City.
2703: CONSUMER PRICE INDEX, UTILITIES AND OTHER PASS
THROUGHS.

A) Consumer Price Index. An owner, once in any 12-month period, may impose a rent increase for a mobilehome space by 100 percent of the percentage increase, if any, in the Consumer Price Index (CPI) during the most recent 12-month period ending in October; provided, however, the rental increase shall not exceed five percent of the previous rent charged for the space.

If an owner has obtained a rent increase under subsection 2704(B), the owner may calculate the rent increase allowed by this subsection based upon the approved comparable rent as allowed in subsection 2704(8) instead of upon the actual rent in effect at the time of the increase.

B) If the change in the CPI exceeds five percent for two consecutive years, the Clerk shall review the maximum rent increase and recommend an ordinance amendment if appropriate.

C) Government Mandated Expense Pass Through. An owner may pass through to affected mobilehome owners any new or increase in government mandated capital expenditures and operating expenses including taxes (other than the two percent annual increase authorized by California Constitution Article XIIIA, section 2(b)) and assessments, fees and mandated expenses due to code changes subject to the following procedure:
1) Upon a petition signed by one adult mobilehome owner for each of 50 percent of the spaces subject to rent control in a mobilehome park or 50 spaces, whichever is less, and filed with the Clerk within 30 days of the date the owner gives notice of a government mandated expense pass through to every affected mobilehome owner, the Arbitrator, in accordance with the meet and confer and arbitration procedures provided in this chapter, may disallow or decrease the proposed pass through based upon substantial evidence in the record that the pass through is not legally proper, or is excessive, or that during the pass through period the owner is including an unreasonably high financing cost and/or return on the expense being passed through.

D) Utilities. If not billed by the utility directly to the mobilehome owner, an owner may separately pass through to a mobilehome owner charges for all utilities, including, but not limited to, sewer, water, garbage, cable TV., gas and electricity, and any increases in such charges, subject to compliance with Sections 3960-3963. Notwithstanding any provision to the contrary in this section, the owner shall not pass through any charge or expense for gas or electric service to the extent prohibited by section 739.5 of the California Public Utilities Code.

E) Capital Improvement Pass Through. An owner may charge to the affected mobilehome owner as additional rent the pro rata share of new service and capital improvement costs including reasonable financing costs if, prior to initiating the service or incurring the capital improvement cost, the owner has:
1) Consulted with the mobilehome owners prior to initiating construction of the improvements or initiating the new service regarding the nature and purpose of the improvements or services and the estimated cost of the improvements or services;
2) Obtained the prior written consent of at least one adult mobilehome owner in each of a majority of the mobilehome spaces which are occupied by the mobilehome owner to the proposed service or capital improvement. Each space shall have only one vote.
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F) Capital Replacement Pass Through. Notwithstanding the provision of subsection E of this section, an owner may charge to the mobilehome owner as additional rent the pro rata share of capital replacement costs including reasonable financing costs, if not otherwise prohibited by law, subject to the following procedure:
1) The owner may seek advance approval for the proposed pass through, before undertaking the capital project, by following the procedures set forth in Sections 2709 to 2711. If the increase is approved by the Arbitrator, it shall not be effective until the next regularly scheduled annual rent increase date, provided that the 90-day notice is issued, the expense is actually incurred and that proper verification is submitted. This verification shall include, at a minimum, proof of actual costs and payment to vendors or contractors. In the event that the actual cost of the capital expense is less than the approved amount, the increase shall be adjusted to reflect this decreased amount;
2) The owner shall give notice of the proposed pass through to each affected mobilehome owner no later than 12 months after completion of the capital replacement work;
3) Upon a petition signed by one adult mobilehome owner of each of 50 percent of the spaces subject to rent control in a park or 50 spaces subject to rent control, whichever is less, and filed with the Clerk within 30 days of the date the owner gives notice of the pass through to every affected mobilehome owner, the Arbitrator, in accordance with the arbitration procedure provided in this chapter, may disallow or decrease the pass through for capital replacements based upon substantial evidence in the record that the capital replacement was not necessary, or that the cost of the capital replacement was excessive, or that during the pass through period, the owner is including an unreasonably high financing cost and/or return on the expense being passed through. The owner shall have the burden of proving the necessity for and reasonable cost of the capital replacements. In determining whether the owner has met its burden of proving the necessity for and reasonable cost of the capital replacement, the Arbitrator may consider, among other factors, the reasonableness of the owner's history of maintenance of the property or improvement to be replaced. The Arbitrator'sreview will include, but not necessarily be limited to, the records reflecting past maintenance work and the cost.

G) All charges passed through by the owner to the mobilehome owners pursuant to subsection C and D of this section and additional rent charged pursuant to subsections E and F of this section must be separate from the base rent and listed separately. All billings used to calculate a pass through or additional rent to mobilehome owners must be disclosed within a reasonable time upon request by a mobilehome owner.
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H) Notice. A written notice of each rent increase or new or increased capital improvement or capital replacement pass through charge made under the provisions of this section shall be filed by the owner with the Clerk, and provided to each affected mobilehome owner, at least 90 days before the rent increase goes into effect or as required by the MRL. The notice shall identify the park and shall specify the dollar amount of the increase, the percentage of the increase, an itemization of all new or increased pass throughs and additional rent charges, the specific space affected, the date the increase will go into effect, how each increase was calculated, and the date the rent on each affected space was last increased. The notice shall also advise each affected mobilehome owner of any right to petition for review of a proposed rent increase and that a petition form may be requested from the Clerk.
1) Whenever a time period is prescribed for filing an application or petition, the application or petition shall be deemed filed when it is first filed with the Clerk, even if the Clerk determines that the application or petition is not complete, provided that the Clerk determines that application or petition is complete, as a result of additional submissions by the applicant or petitioner, within thirty days of the initial filing.
2704: IN-PLACE TRANSFER RENT INCREASES-ESTABLISHMENT OF NEW BASE RENT.

A) Whenever either of the following events occurs, an owner shall be permitted to charge a new base rent for the mobilehome space as provided in this section:
1) The termination of the tenancy of the affected mobilehome owner in accordance with the MRL (California Civil Code sections 798.55 through 798.60, as amended, excepting section 798.59); or
2) The voluntary permanent removal of a mobilehome by a mobilehome owner. A removal of the mobilehome from the space for the purpose of performing rehabilitation or capital improvements to the space or for the purpose of upgrading the mobilehome shall not constitute a voluntary removal of the mobilehome.

B) Upon the sale of a mobilehome in-place, an owner may implement an increase of the base rent for that space in an amount equal to 10% of the rent for that space then in effect.

C) Except as provided in subsections (A) and (B), an owner may not condition an in-place transfer of a mobilehome or condition assignment of an existing lease to a prospective mobilehome owner, upon agreement to an increased rent in anticipation of the in-place transfer. This subsection shall not apply to specific conditions included in a lease exempt from rent control which

allows an owner to condition assignment in a manner prohibited by this section.

For purposes of this subsection, "a lease exempt from rent control" means a lease meeting, in all respects, the criteria of Civil Code section 798. b), 17(as such criteria are presently enacted or may hereafter be amended. 2705: FAIR RETURN RENT INCREASES.

If an owner presents evidence to the Arbitrator, including any financial records requested by the Arbitrator, which proves that the owner is denied a fair return by the rent control provisions of this chapter, the Arbitrator may authorize an increase in rents as deemed appropriate by the Arbitrator to provide a fair return to the owner. The Arbitrator shall use the method set forth in subsection 2711(C) to determine the fair return.
2706: RENT FREEZE OR RENT ROLLBACK.

A) Upon the petition signed by one adult mobilehome owner of 50 percent of the spaces subject to rent control in a park or 50 spaces subject to rent control, whichever is less, the Arbitrator may prohibit future rent increases for spaces governed by this chapter, upon its determination that maintenance by the owner has been substantially reduced and is insufficient to adequately maintain the park in a habitable condition. The determination shall be based upon substantial evidence in the record. The prohibition may be continued until the Arbitrator determines that maintenance by the owner has been restored to a reasonable level.

B) Upon petition by one or more affected mobilehome owners, an Arbitrator may prohibit future rent increases, or order a rollback of the existing rent as to those petitioners, upon its determination that after the Effective Date, an owner instituted a rent increase inconsistent with the criteria established by this chapter.

The determination shall be based upon substantial evidence in the record. The prohibition may be continued until the Arbitrator determines that the rent has become consistent with this chapter.
2707: TIME OF ALLOWED RENT INCREASE/ADJUSTMENT.

A) Once within a 12-month period, the owner may implement a CPI rent adjustment (subsection 2703(A)), if any, or a fair return increase (Section 2703), but not both.

B) A capital replacement pass through under subsection 2703(F) may only be implemented on the effective date of the CPI or fair return rent adjustment.

C) The following increases or adjustments may be implemented at any time during the year:
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1) Government mandated expense pass through (subsection 2703(C)); 2) Utility pass throughs (subsection 2703(D));
3) Capital improvements (subsection 2703(E));
4) In-place transfer rent increases (Section 2704).

Any increases subject to arbitration shall be implemented after the final ruling of the Arbitrator.

D) Rent freeze and rent rollbacks shall be implemented at the time they are ordered (Section 2706).
2708: ARBITRATION.

A) Matters Subject to Arbitration.
1) An owner shall file with the Clerk:
a) An application seeking to increase space rents beyond 100 percent of the CPI to provide a fair return to the owner as allowed by Section 2705. 2) Affected mobilehome owners may file with the Clerk:
a) A petition objecting to a government mandated expense pass through as allowed by subsection 2703(C);
b) A petition objecting to a capital replacement pass through as allowed by subsection 2703(F);
c) A petition for rent freeze as allowed by subsection 2706(A); d) A petition for rent rollback as allowed by subsection 2706(B).

B) These petitions and applications shall be decided by the Arbitrator.

C) Cost of Arbitration. The cost of arbitration shall be paid by the Clerk out of revenue from the rent stabilization administration fee. The Arbitrator may reimburse the City by assessing the cost of the arbitration to either party if the Arbitrator determines that the position taken by the party is frivolous. 2709: PROCEDURES FOR FAIR RETURN NOTICE AND APPLICATION AND PETITION FORMS.
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A) Notice. At least 10 days prior to submission of a fair return application or a petition to the Clerk, the applicant or petitioner shall mail or deliver a notice and a copy of the application or petition to the owner and each affected mobilehome owner in the park. The notice shall be on a form specified by the Clerk. The at the park's office and shall be posted on the City'swebsite. One copy of the supporting documents shall be provided by the applicant or petitioner at no cost to the other party. All fair return notices shall include the following information:
1) The amount of the rent increase both in dollars and as a percentage of the existing rent, how it was calculated, an itemization of all pass throughs and additional rent charges, information that explains and supports the level of increase proposed including, at a minimum, a summary of the owner's net operating income for the base year and the preceding 24 months and other relevant information that supports the level of rent increase desired, the effective date of the increase and that copies of the supporting documents shall be provided by the owner at no cost to the mobilehome owners' representative and be available to the mobilehome owners at the park's office for inspection and on the City's website;
2) The name, address and telephone number of the Clerk or designee, a statement to inform the mobilehome owners to contact the Clerk or designee for an explanation of the provisions of this chapter, and that a roster of affected mobilehome owners can be requested from the Clerk; and
3) A copy of the official petition form which is to be used for the process established by this chapter.

B) Application/Petition Forms. The application or petition shall be filed with the Clerk on the form prescribed by the Clerk and must be accompanied by all supporting material necessary to support the request. The application and petition shall contain the following declaration: "I declare under penalty of perjury that the foregoing is true and correct." The application shall be dated and subscribed by the applicant(s) and shall state the place of execution. 1) Within five working days of receipt, the Clerk shall complete a preliminary review of the application or petition. Applications or petitions which are incomplete will not be considered properly filed.
2) No further action shall take place on applications or petitions which are not properly filed, and the Clerk may decline to accept such application and/or return them to the petitioner immediately after the preliminary review with a notice of the defects.
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3) When the Clerk determines that the application or petition is complete, the Clerk shall send a written notice of confirmation of receipt of a completed application or petition to the parties.
4) In capital replacement proceedings and in government mandated capital expenditure and operating expense proceedings, affected mobilehome owners shall have 30 calendar days after receipt of the confirmation of the completed application to file with the Clerk a petition objecting to the rent increase signed by one adult tenant in at least 50 percent of the mobilehome spaces subject to rent control.

C) Insufficient Objection-Capital Replacement or Government-Mandated Pass Through Proceeding-Clerk Action. If less than the required number of affected mobilehome owners object to a proposed capital replacement or government-mandated pass through, or if objection is withdrawn, including any amendments, before or after the meet and confer process, the Clerk shall approve the requested pass through.
2710: PROCEDURE FOR MEET AND CONFER.

Within 10 working days of the date of the Clerk's notice of a completed application or petition and prior to assignment of an Arbitrator, affected mobilehome owners and owners shall meet and confer with each other's representatives. The time, place and date of the meeting shall be agreed to by the parties or, if the parties cannot agree, determined by the Clerk. Written notice of the scheduled meeting shall be given by the applicant or petitioner. At the meeting, representatives of the parties shall exchange documentary evidence that the parties, in good faith then know, will be used to support their respective positions in an arbitration and discuss the issues in dispute. In the case of an owner, all financial data upon which any proposed increase is claimed shall be supplied to affected mobilehome owner representatives at the time of the meet and confer meeting. The parties may request that the Clerk provide a mediator, at no cost to the parties, to assist with the meet and confer process. The Arbitrator may deny an application based on the applicant'sfailure to participate in good faith in the meet and confer process.
2711: PROCEDURES FOR ARBITRATION.

A) The Clerk shall give written notice to the applicant or petitioners and mobilehome owner representative that the application/petition has been referred to arbitration.
1) An Arbitrator shall be appointed in the following manner:
a) The Clerk shall maintain a list of qualified arbitrators. 12

b) Assignment of Arbitrator and Hearing Date. The Clerk shall choose three possible Arbitrators and present them to the residents' representative and the owner. Within five days each party may challenge one candidate. The one remaining shall be the selected Arbitrator. If both parties challenge the same candidate, the Clerk shall choose between the two remaining candidates. The Clerk shall set a date for the arbitration hearing no sooner than 30 or no later than 40 days after the Arbitrator is assigned. The owner and affected mobilehome owners shall be notified immediately in writing by the Clerk of the date, time and place of the hearing and this notice shall be served either in person or by ordinary mail. The parties may agree, in writing, to extend these times. The Arbitrator may extend the date for the arbitration hearing upon a showing of good cause.
2) The Arbitrator shall conduct a hearing with the parties and/or their representatives. During this hearing process, the concerns of each party shall be discussed and the Arbitrator shall indicate the amount and nature of information needed from any party in order to reach a determination. In fair return proceedings in Section 2705, this shall include four years of the income and expense portion of the general ledgers for the park. All information submitted shall be in writing and shall be certified in the same manner as set forth in subsection 2709( TheB).applicant or petitioner shall have the burden of proof unless other sections of this chapter specify otherwise. Each party shall comply with the Arbitrator'srequest for information within seven days of the request.

Additional information provided to the Arbitrator shall be immediately available to the owner or affected mobilehome owner representative which will have seven days to give written comment to the Arbitrator. The Arbitrator may proceed under this part regardless of whether any party defaults in providing any of the requested information.

B) Arbitration Determination.
1) Within 21 days of the hearing, but no later than 90 days from the date of the owner'srent increase notice, the Arbitrator shall deliver his or her decision on the application or petition and a bill for services to the Clerk. 2) The rent increase in a fair return proceeding shall not exceed the increase requested in the application.
3) The Clerk shall provide the result of the Arbitrator'sdecision to the affected parties.
4) The Arbitrator'sdecisions are final and not appealable to the City Council.

C) Method to Determine a Fair Return.
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1) The base year for the purpose of this section shall be the last full fiscal year prior to the park becoming subject to this chapter. The Arbitrator may establish an alternative base year if the owner is unable to produce records of the last full fiscal year prior to the park becoming subject to rent control. 2) It shall be presumed that the net operating income produced by the property during the base year provided a fair return. An owner shall be entitled to rents to earn a just and reasonable return and to maintain and increase their base year net operating income in accordance with subsection (C)(4) of this section. This method is called maintenance of net operating income (MNOI) and shall be included in all applications.
3) The applicant or the affected mobilehome owners may present evidence to rebut the presumption of fair and reasonable return based upon the base year net operating income. To make such a determination and in order to adjust to the base year net operating income, the Arbitrator must make the following finding:
a) The owner'soperating and maintenance expenses in the base year were unusually high or low in comparison to other years. In such instances, adjustments may be made in calculating such expenses so that the base year operating expenses reflect average expenses for the property over a reasonable period of time. In considering whether the base year net operating income yielded more or less than a fair net operating income, the Arbitrator shall consider the following factors:
i) Substantial repairs were made due to damage caused by uninsured disaster or vandalism;
ii) Maintenance and repairs were below accepted standards so as to cause significant deterioration of housing services;
iii) Other expenses were unreasonably high or low notwithstanding prudent business practice; and
iv) The rent in the base year was disproportionately low due to the fact that it was not established in an arms-length transaction or other peculiar circumstances.
4) Fair Net Operating Income. The Arbitrator shall submit a determination based on rental income which will provide the owner a net operating income which shall be increased by 100 percent of the percentage increase in the CPI over the base year's CPI index. The base year CPI shall be the CPI for the first day of June. For purposes of this section, the current CPI shall be the CPI last reported as of the date of the completed application.
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5) Net operating income of a mobilehome park means the gross income of the park less the operating expenses of the park.
6) Gross income means the sum of the following:
a) Gross space rents computed as gross space rental income at 100 percent occupancy (but excluding rent attributed to a space occupied by a park employee who receives the space rent free as part of the employee's compensation); plus
b) Other income generated as a result of the operation of the park, including, but not limited to, fees for services actually rendered; plus c) All other pass through revenue received from mobilehome owners except capital pass throughs and gas and electric; minus
d) Uncollected space rents due to vacancy and bad debts to the extent that the same are beyond the owner'scontrol. There is a rebuttable presumption that uncollected space rents in excess of the average of the current and past three years uncollected rents (each year's rent shall be adjusted by the change in the CPI between that year and the final year of the four-year period) are excessive and shall not be deducted from gross income.
7) Operating expenses means:
a) Real property taxes and assessment;
b) Advertising costs;
c) Management and administrative expenses including the compensation of administrative personnel;
d) Repair and maintenance expenses for the grounds and common facilities including, but not limited to, landscaping, cleaning and repair of equipment and facilities;
e) In addition to the management expenses listed above, where the owner performs onsite managerial or maintenance services which are uncompensated, the owner may include the reasonable value of such services. Owner-performed labor shall be limited to five percent of gross income unless the Arbitrator finds that such a limitation would be substantially unfair in a given case. No credit for such services shall be authorized unless an owner documents the hours utilized in performing such services and the nature of the services provided; f) Operating supplies such as janitorial supplies, gardening supplies, stationery and so forth;
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g) Insurance premiums related to operation of the park prorated over the life of the policy;
h) Payroll taxes, business, utility, license and permit fees; i) Dues;
j) Consultant services for park operation and maintenance; k) All operating expenses must be reasonable and necessary. Whenever a particular expense exceeds the normal industry or other comparable standard, the owner shall bear the burden of proving the reasonableness of the expense.

To the extent that an Arbitrator finds any expense to be unreasonable, the Arbitrator shall adjust the expense to reflect the normal industry or other comparable standard;
1) There is a rebuttable presumption that expenditures in the current year are unreasonable to the extent that they substantially exceed the average of the current and past three years (each year's expenses shall be adjusted by the change in the CPI between that year and the final year of the four-year period); m) Operating expenses shall not include the following:
i) Mortgage debt service expenses;
ii) Land-lease expenses;
iii) Depreciation;
iv) Income taxes;
v) Electric and gas expenses included in Section 739.5 of the California Public Utility Codes;
vi) The cost of government mandated expenses (subsection 2703(C)), capital improvements (subsection 2703(D)), or capital replacements (subsection 6- 040(66. F)).
8) Notwithstanding any other provisions of the ordinance codified in this chapter, the Arbitrator is authorized to approve any rent increase that is constitutionally required by law to yield a fair return.

E) Subpoenas. The parties may obtain the issuance and service of a subpoena for the attendance of witnesses or the production of other evidence at the arbitration hearing. Subpoenas shall be issued and attested by the Clerk. 16

Issuance of the subpoena must be obtained upon the filing with the Clerk of the City of an affidavit or declaration, under oath, setting forth the name and address of the proposed witness; specifying the exact things to be produced and the relevancy to the issues involved; and stating that the witness as the desired things in his/her possession or under his/her control.

Service of the subpoena on a witness to attend arbitration must be at least five working days before the hearing. Service of a subpoena duces tecum must be at least 21 days before the hearing. Any party served with a subpoena duces tecum must produce copies of the requested items to the subpoenaing party no later than 10 days before the hearing.

A subpoena need not be issued when the affidavit or declaration is defective in any particular. No arbitration hearing may be continued due to the failure to file a timely request, or to timely serve a subpoena. Any person who refuses, without lawful excuse, to attend the arbitration or to produce relevant evidence as required by a subpoena served upon that person shall be guilty of a misdemeanor.

No subpoena shall issue until after the parties have met and conferred as required in Section 2710.

F) Increases for Capital Expense. Increases attributed to a capital expense, as approved by the Arbitrator to provide a park with a fair return, shall not be included in base rent. These increases must be separately itemized on the monthly rent invoice and terminate at the end of the approved amortized period.

Advance approval and effective date of the increase shall be as allowed in subsection 2703( 1). F(
G) Rent Increase Effective Date. Rent increases approved by the Arbitrator, as determined necessary to provide an owner with a fair return, shall be allowed upon the effective date given by the applicant in the notice to the affected mobilehome owners, required in section 798.30 of the California Civil Code. 2712: REFUSAL OF MOBILEHOME OWNER TO PAY ILLEGAL RENT.

An affected mobilehome owner may refuse to pay any rent in excess of the maximum rent permitted by this chapter. The fact that such unpaid rent is in excess of the maximum rent shall be a defense in any action brought to recover possession of a mobilehome space for nonpayment of rent or to collect the illegal rent.
2713: DISCLOSURES.

An owner shall disclose to each prospective tenant the current and proposed base rent for the mobilehome space and the rental agreement options required 17

by this section and Section 2714, provide each prospective tenant with a copy of this chapter, and disclose to the prospective tenant that if the prospective tenant signs a lease with a term of more than one year, that lease will be exempt from rent control. The owner shall give the required disclosure and provide a copy of this chapter to the prospective tenant at the time that the owner, or owner's representative, receives the prospective tenant'sapplication for tenancy. The required disclosures shall be made in a form approved by the Clerk, and the owner shall obtain a signature of the prospective tenant on the disclosure form acknowledging receipt of the disclosures. An owner must retain the signed disclosure form throughout the entire tenancy of the tenant. This signed form shall be made available to the Clerk upon reasonable written notice. 2714: PROSPECTIVE MOBILEHOME OWNER-TENANCY 12 MONTHS OR LESS.

All prospective tenants shall be offered the option of a tenancy of 12 months or less upon terms consistent with the provisions of the ordinance codified in this chapter. This section shall not apply to prevent a mutually agreed upon assignment between an owner and an existing mobilehome owner of an existing lease, provided any such assignment does not violate subsection 2704(C). 2715: RENT STABILIZATION ADMINISTRATION FEES.

All or any portion of the costs to administer this chapter may be collected by the imposition of an annual rent stabilization administration fee established by resolution of the City Council. The fee shall be chargeable against the total number of mobilehome spaces in the City subject to rent control determined on a date certain each year to be established by the City Council. The owner who pays these fees may pass through to the mobilehome owners, subject to rent control on the date established by the City Council, 50 percent of the fees assessed against a mobilehome space. The fee shall be due on a date established by the City Council but may be paid in quarterly installments by the owners. Owners of parks annexed to the City after the Effective Date, shall be charged the fee established by resolution beginning on the effective date of the annexation.
2716: AMENDMENT.

Any amendment to this chapter shall require a prior public hearing before the City Council with notice thereof published in a newspaper of general circulation in the City at least 10 days prior to the hearing.
2717: VIOLATION.
18

Every person who violates any provision of this chapter is guilty of a misdemeanor. This section shall not apply to the Arbitrator or officers or employees of the City.

SECTION TWO

1. COMPLIANCE WITH CEQA. The City Council finds that this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060( 2) ( c(the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), 15061( 3) ( b(there is no possibility the activity in question may have a significant effect on the environment.)

2. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have adopted this Ordinance and any section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or otherwise invalid.

3. 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.

4. MANDATORY REVIEW. The City Council shall review this ordinance at the next regular City Council meeting occurring after the first anniversary of the Effective Date of this ordinance. The review shall consider whether the ordinance should be amended or repealed based on the City's experience of the implementation of the ordinance over that one year period.

Introduced by title only on October 6, 2010, by the following roll call vote:

AYES: Councilmembers Landis, Rodin, Baldwin, and Mayor Thomas NOES: Councilmember Crane
ABSENT: None
ABSTAIN: None
Adopted on October 20, 2010, by the following roll call vote:

AYES: Councilmembers Landis, Rodin, Baldwin, and Mayor Thomas NOES: Councilmember Crane
ABSENT: None
ABSTAIN: None
s/ Benj Thomas, Mayor
ATTEST:
s/JoAnne M. Currie, City Clerk
19

Re-adopted on January 5, 2011, by the following roll call vote:

AYES: Councilmembers Landis, Thomas, Baldwin, and Mayor Rodin NOES: Councilmember Crane
ABSENT: None
ABSTAIN: one
Mari Rodin, Mayor
ATTEST:
foAnne Currie, City Clerk
20

RESOLUTION NO. 2020-26

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING EXHIBIT A TO RESOLUTION 2019- 42 ADOPTING RENT STABILIZATION FEES FOR ARBITRATION AND

ADMINISTRATIVE COSTS TO CITY OF UKIAH MOBILEHOME PARKS
WHEREAS:

1. Ukiah City Code (" UCC") Section 2715, provides that " all or any portion of the costs to administer this chapter [Division 2, Chapter 8 of the UCC (" Chapter 8")] may be collected by the imposition of an annual rent stabilization administration fee established by resolution of the City Council"; and

2. Costs to administer the program have been assessed and are shown in Exhibit A; and

3. With the elimination of redevelopment agencies by the State of California, all of the cost to administer Chapter 8 is borne by the City' s General Fund; and

4. Under UCC Section 2708. C, the cost of arbitrations must be paid from the rent stabilization administration fee. Exhibit A states a reasonable estimate for the annual cost to administer Chapter 8, including potential arbitrations; and

5. There are 382 mobilehome park spaces subject to rent control in the City of Ukiah, with the final annual per space cost being determined each year based on occupied non- longterm leased spaces; and

6. Under UCC Section 2715, the owner who pays these fees may pass through to the tenant of the space 50 percent of the fees assessed for the space: and

7. Under UCC 2715, the resolution establishing the fee must specify the date by which the fee is due, but the fee may be paid by the park owners in quarterly installments; and

8. There are six City of Ukiah mobilehome parks that are subject to the Rent Stabilization Ordinance, including Circle Trailer Court ( 60 units), Manor Home Mobile Estates ( 137 units), Shady Grove Mobile Home Park ( 4 units subject to rent control), Modern Mobile Home Park (26 units), Harold' s Square Mobile Home Park (59 units), and Rancho Del Ray Mobile Home Park (96 units).

NOW, THEREFORE, BE IT RESOLVED that:

1. The City Council of the City of Ukiah approves an annual administration fee an amount equally divided between billable spaces subject to rent control to be paid by the City' s six mobilehome parks.

2. The fee is due on July 30 of each year, but may be paid in quarterly installments on July 30, October 30, January 30, and April 30.

3. The City Council shall review the administration costs, including the cost of any arbitrations, on an annual basis, during budget preparation as part of the annual fee review 1 ATTACHMENT 2

in May and June, and make any adjustments so that the fee does not exceed the cost to administer Chapter 8.

4. This resolution supersedes resolution 2019-42.

PASSED AND ADOPTED at a regular meeting of the City Council held on May 20, 2020, by the following roll call vote:

AYES: Councilmembers Mulheren, Brown, Scalmanini, Orozco, and Mayor Crane NOES: None
ABSENT: None
ABSTAIN: None
Douglas F ran , Mayor
ATTEST:

Kri tine Lawler, City Clerk
2

EXHIBIT A
2020 COST ASSESSMENT FOR IMPLEMENTING RESOLUTION 2020/ 2021 RENT STABILIZATION FEES Estimated Arbitration Costs:

TOTAL -$ 9, 450
The Northern California rates charged for arbitrations conduct by ADR Service, Inc., an alternate dispute resolution service that has rates in the middle between JAMS at the high end and Ione arbitrators at the low end.

An arbitration through ADR includes a $ 450 administrative fee, plus the hourly or daily rate charged by the arbitrator and the fees charged by ADR. ADR arbitrators are retired judges or attorneys. The hourly rates vary from $ 450 at the low end to $ 975 at the high end. The average hourly rate is $ 712. 50.

Assuming an arbitration hearing takes one 8- hour day and the arbitrator takes 4 hours to prepare a written decision, 12 hours @ $ 712. 50 = 8, 550+ $ 900 ( admin fee, assuming only two parties) for a total of$ 9, 450.

Estimated Administrative Costs:

TOTAL - $1, 850 ( Using the higher rate of the two invoiced rates below and rounding) MHP = Mobile Home Park
Estimated Attorney Fees for Various Matters Pertaining to Mobilehome Parks: $ 1, 000 Note. only the actual expenses would be billed to the account) Educational Outreach Costs: $294 ( rounded)
Draft Letter to Residents
Print, fold, label, and stuff envelopes
Postage to send letters
If MHP owners are invoiced: $ 556 ( rounded and includes postage) Includes:

Review CPI and write annual letter to MHP owners regarding the CPI.

Review MHP rent increase letters per Ordinance 1126. Section 2703( H) Staff Report to Council
Send Letters to MHP owners requesting number of billable spaces Prep invoices
Receive and process payments
Total divided by 382" spaces = $1. 46 per space.

If MHP owners are not invoiced: $ 201
Includes:

Review CPI and write annual letter to MHP owners regarding the CPI.

Review MHP rent increase letters per Ordinance 1126, Section 2703( H) Staff Report to Council
Send post-Council decision to waive fee letters to MHP owners Total divided by 382* spaces= . 53 cents per space (rounded).

TOTAL REASONABLE ESTIMATE FOR THE ANNUAL COST TO ADMINISTER CHAPTER 8, INCLUDING POTENTIAL ARBITRATIONS IS $ 11, 300**.

Note— This is the number of spaces calculated in Ordinance 1126, however, the actual number of billable spaces is determined each year depending on the number of occupied spaces by non-long-term leases.

Note— This number is comprised as follows. Arbitration= $ 9, 450; MHP Owners invoiced= $556; Educational Outreach= $ 294; Attorney Fees = $ 1, 000.

300 Seminary Avenue • Ukiah • CA • 95482-5400
Phone: (707) 463-6200 · Fax: (707) 463-6204 ·www.cityofukiah.com May 6, 2022
SUBJECT: Mobilehome Park Rent Stabilization Resource Information Dear Mobilehome Park Residents,
This letter is an educational outreach, so that you are aware of your rights – per ordinance 1126 and resolution 2020-26 - as a mobilehome park resident.

In 2011, the Ukiah City Council adopted an ordinance to establish a mobilehome park rent stabilization. In an effort to assist mobilehome park residents to better understand how the rent increases, fees, and pass-through charges operate, a webpage was created on the City of Ukiah’s website, which can be found at: http://www.cityofukiah.com/mobilehome-park-rent-stabilization-2/.

Mobilehome park residents are encouraged to explore the webpage, which contains the full ordinance and resolution that explains how the rent stabilization works. There are also links to annual correspondence sent to the mobilehome park owners regarding the October CPI index that determines the amount that can be charged for rent increases, and staff reports presented to the City Council explaining in detail how the yearly fees operate.

In respect to State legislation regarding COVID-19 as it relates to tenancy and protections, please see the following articles for more information:

Assembly Bill No. 2179:
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2179 HansonBridgett Update Regarding Senior Housing and Care:
https://www.hansonbridgett.com/Publications/articles/220405-5100-covid-tenantprotections The City Clerk’s office is available to address any questions or concerns that you may have, and can be reached by email at [email protected], or by calling 707-463- 6217.

Sincerely,
Kristine Lawler
City Clerk
ATTACHMENT 3

1 RESOLUTION NO. 20202022-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING EXHIBIT A TO RESOLUTION 20192020-42 26 ADOPTING RENT STABILIZATION FEES FOR ARBITRATION

AND ADMINISTRATIVE COSTS TO CITY OF UKIAH MOBILEHOME PARKS WHEREAS:

1. Ukiah City Code (“UCC”) Section 2715, provides that “all or any portion of the costs to administer this chapter [Division 2, Chapter 8 of the UCC (“Chapter 8”)] may be collected by the imposition of an annual rent stabilization administration fee established by resolution of the City Council”; and

2. Costs to administer the program have been assessed and are shown in Exhibit A; and

3. With the elimination of redevelopment agencies by the State of California, all of the cost to administer Chapter 8 is borne by the City’s General Fund; and

4. Under UCC Section 2708.C, the cost of arbitrations must be paid from the rent stabilization administration fee. Exhibit A states a reasonable estimate for the annual cost to administer Chapter 8, including potential arbitrations; and

5. There are 382 mobilehome park spaces subject to rent control in the City of Ukiah, with the final annual per space cost being determined each year based on occupied non-longterm leased spaces; and

6. Under UCC Section 2715, the owner who pays these fees may pass through to the tenant of the space 50 percent of the fees assessed for the space; and

7. Under UCC 2715, the resolution establishing the fee must specify the date by which the fee is due, but the fee may be paid by the park owners in quarterly installments; and

8. There are six City of Ukiah mobilehome parks that are subject to the Rent Stabilization Ordinance, including Circle Trailer Court (60 units), Manor Home Mobile Estates (137 units), Shady Grove Mobile Home Park (4 units subject to rent control), Modern Mobile Home Park (26 units), Harold’s Square Mobile Home Park (59 units), and Rancho Del Ray Mobile Home Park (96 units).

NOW, THEREFORE, BE IT RESOLVED that:

1. The City Council of the City of Ukiah approves an annual administration fee an amount equally divided between billable spaces subject to rent control to be paid by the City’s six mobilehome parks.

2. The fee is due on July 30 of each year, but may be paid in quarterly installments on July 30, October 30, January 30, and April 30.

3. The City Council shall review the administration costs, including the cost of any arbitrations, on an annual basis, during budget preparation as part of the annual fee review ATTACHMENT 4

2 in May and June, and make any adjustments so that the fee does not exceed the cost to administer Chapter 8.

4. This resolution supersedes resolution 20192020-4226.

PASSED AND ADOPTED at a regular meeting of the City Council held on May 2018, 20202022, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
______________________________
Douglas F. CraneJim O. Brown, Mayor
ATTEST:
_________________________________
Kristine Lawler, City Clerk

EXHIBIT AATTACHMENT 3a
Estimated Administrative Costs:

TOTAL - $850 870 (Using the higher rate of the two invoicing rates below) MHP = Mobile Home Park
Estimated Attorney Fees for Various Matters Pertaining to Mobilehome Parks: $1,000 (Note: only the actual expenses would be billed to the account) Estimated Arbitration Costs:

TOTAL - $8,85010,400
The Northern California rates charged for arbitrations conduct by ADR Service, Inc., an alternate dispute resolution service that has rates in the middle between JAMS at the high end and lone arbitrators at the low end.

An arbitration through ADR includes a $450 500 administrative fee, plus the hourly or daily rate charged by the arbitrator and the fees charged by ADR. ADR arbitrators are retired judges or attorneys. The hourly rates vary from $450 at the low end to $975 1,200 at the high end. The average hourly rate is $712.50825.

Assuming an arbitration hearing takes one 8-hour day and the arbitrator takes 4 hours to prepare a written decision, 12 hours @ $712.50825 = $8,5509,900 + $900 500 (admin fee; assuming only two parties) for a total of $9,45010,400.

Educational Outreach Costs: $294 314
 Draft Letter to Residents
 Print, fold, label, and stuff envelopes
 Postage to send educational outreach letters
If MHP owners are invoiced: $556 + postage
Includes:
 Review CPI and write annual letter to MHP owners regarding the CPI.  Review MHP rent increase letters per Ordinance 1126, Section 2703(H)  Staff Report to Council
 Send Letters to MHP owners requesting number of billable spaces  Prep invoices
 Receive and process payments
Total divided by 382* spaces = $1.451.46 per space.

If MHP owners are not invoiced: $201
Includes:
 Review CPI and write annual letter to MHP owners regarding the CPI.  Review MHP rent increase letters per Ordinance 1126, Section 2703(H)  Staff Report to Council
 Send post-Council decision to waive fee letters to MHP owners Total divided by 382* spaces = .53 cents per space (rounded).

*Note – This is the number of spaces calculated in Ordinance 1126, however, the actual number of billable spaces is determined each year depending on the number of occupied spaces by non-long-term leases.

TOTAL REASONABLE ESTIMATE FOR THE ANNUAL COST TO ADMINISTER CHAPTER 8, INCLUDING POTENTIAL ARBITRATIONS IS $11,30012,270.

1 RESOLUTION NO. 2022-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING EXHIBIT A TO RESOLUTION 2020-26 ADOPTING RENT STABILIZATION FEES FOR ARBITRATION AND

ADMINISTRATIVE COSTS TO CITY OF UKIAH MOBILEHOME PARKS
WHEREAS:

1. Ukiah City Code (“UCC”) Section 2715, provides that “all or any portion of the costs to administer this chapter [Division 2, Chapter 8 of the UCC (“Chapter 8”)] may be collected by the imposition of an annual rent stabilization administration fee established by resolution of the City Council”; and

2. Costs to administer the program have been assessed and are shown in Exhibit A; and

3. With the elimination of redevelopment agencies by the State of California, all of the cost to administer Chapter 8 is borne by the City’s General Fund; and

4. Under UCC Section 2708.C, the cost of arbitrations must be paid from the rent stabilization administration fee. Exhibit A states a reasonable estimate for the annual cost to administer Chapter 8, including potential arbitrations; and

5. There are 382 mobilehome park spaces subject to rent control in the City of Ukiah, with the final annual per space cost being determined each year based on occupied non-longterm leased spaces; and

6. Under UCC Section 2715, the owner who pays these fees may pass through to the tenant of the space 50 percent of the fees assessed for the space; and

7. Under UCC 2715, the resolution establishing the fee must specify the date by which the fee is due, but the fee may be paid by the park owners in quarterly installments; and

8. There are six City of Ukiah mobilehome parks that are subject to the Rent Stabilization Ordinance, including Circle Trailer Court (60 units), Manor Home Mobile Estates (137 units), Shady Grove Mobile Home Park (4 units subject to rent control), Modern Mobile Home Park (26 units), Harold’s Square Mobile Home Park (59 units), and Rancho Del Ray Mobile Home Park (96 units).

NOW, THEREFORE, BE IT RESOLVED that:

1. The City Council of the City of Ukiah approves an annual administration fee an amount equally divided between billable spaces subject to rent control to be paid by the City’s six mobilehome parks.

2. The fee is due on July 30 of each year, but may be paid in quarterly installments on July 30, October 30, January 30, and April 30.

3. The City Council shall review the administration costs, including the cost of any arbitrations, on an annual basis, during budget preparation as part of the annual fee review

2 in May and June, and make any adjustments so that the fee does not exceed the cost to administer Chapter 8.

4. This resolution supersedes resolution 2020-26.

PASSED AND ADOPTED at a regular meeting of the City Council held on May 18, 2022, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
______________________________
Jim O. Brown, Mayor
ATTEST:
_________________________________
Kristine Lawler, City Clerk

EXHIBIT A
Estimated Administrative Costs:

TOTAL - $870 (Using the higher rate of the two invoicing rates below) MHP = Mobile Home Park
Estimated Attorney Fees for Various Matters Pertaining to Mobilehome Parks: $1,000 (Note: only the actual expenses would be billed to the account) Estimated Arbitration Costs:

TOTAL - $10,400
The Northern California rates charged for arbitrations conduct by ADR Service, Inc., an alternate dispute resolution service that has rates in the middle between JAMS at the high end and lone arbitrators at the low end.

An arbitration through ADR includes a $500 administrative fee, plus the hourly or daily rate charged by the arbitrator and the fees charged by ADR. ADR arbitrators are retired judges or attorneys. The hourly rates vary from $450 at the low end to $1,200 at the high end. The average hourly rate is $825.

Assuming an arbitration hearing takes one 8-hour day and the arbitrator takes 4 hours to prepare a written decision, 12 hours @ $825 = $9,900 + $500 (admin fee; assuming only two parties) for a total of $10,400.

Educational Outreach Costs: $314
 Draft Letter to Residents
 Print, fold, label, and stuff envelopes
 Postage to send educational outreach letters
If MHP owners are invoiced: $556 + postage
Includes:
 Review CPI and write annual letter to MHP owners regarding the CPI.  Review MHP rent increase letters per Ordinance 1126, Section 2703(H)  Staff Report to Council
 Send Letters to MHP owners requesting number of billable spaces  Prep invoices
 Receive and process payments
Total divided by 382* spaces = $1.46 per space.

If MHP owners are not invoiced: $201
Includes:
 Review CPI and write annual letter to MHP owners regarding the CPI.  Review MHP rent increase letters per Ordinance 1126, Section 2703(H)  Staff Report to Council
 Send post-Council decision to waive fee letters to MHP owners Total divided by 382* spaces = .53 cents per space (rounded).

*Note – This is the number of spaces calculated in Ordinance 1126, however, the actual number of billable spaces is determined each year depending on the number of occupied spaces by non-long-term leases.

TOTAL REASONABLE ESTIMATE FOR THE ANNUAL COST TO ADMINISTER CHAPTER 8, INCLUDING POTENTIAL ARBITRATIONS IS $12,270.

Agenda Item No: 7.c.

MEETING DATE/TIME: 6/1/2022
ITEM NO: 2022-1690

AGENDA SUMMARY REPORT
SUBJECT: Report of Acquisition of Professional Services from Alpha Analytical Laboratories, Inc. in the Amount of $27,895 for Quarterly Water Sampling and Completion of Chemical Examination Reports for the Ukiah Landfill.

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

1. Invoice
Summary: Council will receive a report regarding the acquisition of services for quarterly water sampling and preparation of chemical examination reports for the Ukiah Landfill.

Background: In accordance with the Waste Discharge Requirements issued by the North Coast Regional Water Quality Control Board (NCRWQCB), the City is mandated to complete quarterly water sampling and analysis for the Ukiah Landfill.

Discussion: In compliance with Section 1522 of the City Code, this report is submitted to the City Council for the purpose of reporting the acquisition of professional consulting services costing more than $10,000. The Public Works Department requested Alpha Analytical Laboratories, Inc. to conduct quarterly water sampling and to prepare chemical examination reports for the Ukiah Landfill. Alpha Analytical completed the quarterly water sampling and produced the chemical examination reports for the amount of $27,895.00. For reference, please refer to Attachment #1, a copy of the Alpha Analytical invoices. In conjunction with these chemical examination reports, EBA Engineering analyzes the data to prepare and submit the required detection monitoring report to the NCRWQCB.

Recommended Action: Receive and file report of acquisition of professional services from Alpha Analytical laboratories, Inc. in the amount of $27,895.00 for quarterly water sampling and completion of chemical examination reports for the Ukiah landfill. report is submitted pursuant to city code.

BUDGET AMENDMENT REQUIRED: NO
CURRENT BUDGET AMOUNT: 70024500.52100: $407,501.36
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: TBD
COORDINATED WITH: Tim Eriksen, Director of Public Works & Jason Benson, Senior Engineer

Ukiah, CA 95482
2053845-UKIAHLF
04/25/22 NET 30
Quantity Analysis/Description Matrix Unit Cost Extended Cost Ukiah Landfill
300 Seminary Ave
22D3453
Attn:

Bill To:

Order # Receipt Date
Date: 05/16/22
Invoice #:

PO/Reference:

Project No:

Terms
Jason Benson Project ID: Monitoring Wells - Quarterly
Monitoring Wells - Quarterly
Alpha Analytical Laboratories, Inc.
6 Volatiles by EPA 8260 [10 day] Water $160.00 $960.00
5 Total Alkalinity by SM2320B [10 day] Water $25.00 $125.00 5 Ammonia by SM4500-NH3 C [10 day] Water $48.00 $240.00 5 Boron Dissolved by EPA 200.7 [10 day] Water $25.00 $125.00 1 Small Bailer [10 day] Water $176.00 $176.00
5 Bicarbonate by SM2320B [10 day] Water $25.00 $125.00
5 Calcium Dissolved by EPA 200.7 [10 day] Water $25.00 $125.00 5 Carbonate by SM2320B [10 day] Water $25.00 $125.00
5 Chloride by EPA 300.0 [10 day] Water $30.00 $150.00
5 Conductivity by SM2510B [10 day] Water $30.00 $150.00 1 Field Technician [10 day] Water $770.00 $770.00
1 Filters [10 day] Water $200.00 $200.00
5 Fluoride by EPA 300.0 [10 day] Water $30.00 $150.00
1 GeoTracker EDF File [10 day] Water $269.00 $269.00
5 Handling & Disposal [10 day] Water $5.00 $25.00
5 Potassium Dissolved by EPA 200.7 [10 day] Water $25.00 $125.00 5 Magnesium Dissolved by EPA 200.7 [10 day] Water $25.00 $125.00 1 Miles [10 day] Water $7.00 $7.00
5 Manganese Dissolved by EPA 200.7 [10 day] Water $25.00 $125.00 5 Sodium Dissolved by EPA 200.7 [10 day] Water $25.00 $125.00 5 NB TPH as Diesel/Motor Oil by EPA 8015B [10 day] Water $100.00 $500.00 5 Total Nitrogen (NO2, NO3, TKN & Calc.) [10 day] Water $125.00 $625.00 5 pH Water by SM4500-H+ B [10 day] Water $32.00 $160.00 5 Total Dissolved Solids by SM2540C [10 day] Water $30.00 $150.00 5 Sulfate by EPA 300.0 [10 day] Water $30.00 $150.00
McCampbell Analytical/Alpha Quote 222315
5 NB TPH as Gasoline by EPA 8015 [10 day] Water $100.00 $500.00

ATTACHMENT 1

Invoice Total: $6,307.00

Ukiah, CA 95482
2054122-UKIAHLF
04/26/22 NET 30
Quantity Analysis/Description Matrix Unit Cost Extended Cost Ukiah Landfill
300 Seminary Ave
22D3594
Attn:

Bill To:

Order # Receipt Date
Date: 05/17/22
Invoice #:

PO/Reference:

Project No:

Terms
Jason Benson Project ID: Monitoring Wells - Quarterly
Monitoring Wells - Quarterly
Alpha Analytical Laboratories, Inc.
7 Volatiles by EPA 8260 [10 day] Water $160.00 $1,120.00 1 Silver Dissolved by EPA 200.7 [10 day] Water $25.00 $25.00 1 Aluminum Dissolved by EPA 200.7 [10 day] Water $25.00 $25.00 6 Total Alkalinity by SM2320B [10 day] Water $25.00 $150.00 6 Ammonia by SM4500-NH3 C [10 day] Water $48.00 $288.00 1 Arsenic Dissolved by EPA 200.8 [10 day] Water $25.00 $25.00 6 Boron Dissolved by EPA 200.7 [10 day] Water $25.00 $150.00 1 Barium Dissolved by EPA 200.7 [10 day] Water $25.00 $25.00 1 Small Bailer [10 day] Water $264.00 $264.00
1 Beryllium Dissolved EPA 200.7 [10 day] Water $25.00 $25.00 6 Bicarbonate by SM2320B [10 day] Water $25.00 $150.00
6 Calcium Dissolved by EPA 200.7 [10 day] Water $25.00 $150.00 6 Carbonate by SM2320B [10 day] Water $25.00 $150.00
1 Cadmium Dissolved by EPA 200.7 [10 day] Water $25.00 $25.00 6 Chloride by EPA 300.0 [10 day] Water $30.00 $180.00
1 Cobalt Dissolved by EPA 200.7 [10 day] Water $25.00 $25.00 6 Conductivity by SM2510B [10 day] Water $30.00 $180.00 1 Chromium Dissolved by EPA 200.7 [10 day] Water $25.00 $25.00 1 Hexavalent Chromium in Water by EPA 7196A [10 day] Water $76.00 $76.00 1 Copper Dissolved by EPA 200.7 [10 day] Water $25.00 $25.00 1 Iron Dissolved by EPA 200.7 [10 day] Water $25.00 $25.00 1 Field Technician [10 day] Water $770.00 $770.00
1 Filters [10 day] Water $240.00 $240.00
6 Fluoride by EPA 300.0 [10 day] Water $30.00 $180.00
1 GeoTracker EDF File [10 day] Water $361.00 $361.00
6 Handling & Disposal [10 day] Water $5.00 $30.00
1 Mercury Dissolved by EPA 245.1 [10 day] Water $60.00 $60.00

Ukiah, CA 95482
2054122-UKIAHLF
04/26/22 NET 30
Quantity Analysis/Description Matrix Unit Cost Extended Cost Ukiah Landfill
300 Seminary Ave
22D3594
Attn:

Bill To:

Order # Receipt Date
Date: 05/17/22
Invoice #:

PO/Reference:

Project No:

Terms
Jason Benson Project ID: Monitoring Wells - Quarterly
Monitoring Wells - Quarterly
Alpha Analytical Laboratories, Inc.
6 Potassium Dissolved by EPA 200.7 [10 day] Water $25.00 $150.00 6 Magnesium Dissolved by EPA 200.7 [10 day] Water $25.00 $150.00 1 Miles [10 day] Water $7.00 $7.00
6 Manganese Dissolved by EPA 200.7 [10 day] Water $25.00 $150.00 1 Molybdenum Dissolved by EPA 200.7 [10 day] Water $25.00 $25.00 6 Sodium Dissolved by EPA 200.7 [10 day] Water $25.00 $150.00 6 NB TPH as Diesel/Motor Oil by EPA 8015B [10 day] Water $100.00 $600.00 1 Nickel Dissolved by EPA 200.7 [10 day] Water $25.00 $25.00 6 Total Nitrogen (NO2, NO3, TKN & Calc.) [10 day] Water $125.00 $750.00 1 Oil and Grease (HEM) [10 day] Water $95.00 $95.00
1 Lead Dissolved by EPA 200.8 [10 day] Water $25.00 $25.00 6 pH Water by SM4500-H+ B [10 day] Water $32.00 $192.00 1 Antimony Dissolved by EPA 200.7 [10 day] Water $25.00 $25.00 1 Selenium Dissolved by EPA 200.8 [10 day] Water $25.00 $25.00 1 Tin Dissolved by EPA 200.7 [10 day] Water $25.00 $25.00 6 Total Dissolved Solids by SM2540C [10 day] Water $30.00 $180.00 6 Sulfate by EPA 300.0 [10 day] Water $30.00 $180.00
1 Thallium Dissolved by EPA 200.7 [10 day] Water $25.00 $25.00 1 Vanadium Dissolved by EPA 200.7 [10 day] Water $25.00 $25.00 1 Zinc Dissolved by EPA 200.7 [10 day] Water $25.00 $25.00 McCampbell Analytical/Alpha Quote 222315
6 NB TPH as Gasoline by EPA 8015 [10 day] Water $100.00 $600.00 Invoice Total: $8,178.00

Ukiah, CA 95482
2054394-UKIAHLF
04/27/22 NET 30
Quantity Analysis/Description Matrix Unit Cost Extended Cost Ukiah Landfill
300 Seminary Ave
22D3808
Attn:

Bill To:

Order # Receipt Date
Date: 05/18/22
Invoice #:

PO/Reference:

Project No:

Terms
Jason Benson Project ID: Leachate - Quarterly
Leachate - Quarterly
Alpha Analytical Laboratories, Inc.
1 Volatiles by EPA 8260 [10 day] Water $0.00 $0.00
1 Total Alkalinity by SM2320B [10 day] Water $25.00 $25.00 1 Ammonia by SM4500-NH3 C [10 day] Water $48.00 $48.00
1 Boron Dissolved by EPA 200.7 [10 day] Water $25.00 $25.00 1 Bicarbonate by SM2320B [10 day] Water $25.00 $25.00
1 BOD by SM5210B [10 day] Water $65.00 $65.00
1 Calcium Dissolved by EPA 200.7 [10 day] Water $25.00 $25.00 1 Carbonate by SM2320B [10 day] Water $25.00 $25.00
1 Chloride by EPA 300.0 [10 day] Water $30.00 $30.00
1 COD by SM5220D [10 day] Water $45.00 $45.00
1 GeoTracker EDF File [10 day] Water $41.00 $41.00
1 Handling & Disposal [10 day] Water $5.00 $5.00
1 Potassium Dissolved by EPA 200.7 [10 day] Water $25.00 $25.00 1 Magnesium Dissolved by EPA 200.7 [10 day] Water $25.00 $25.00 1 Manganese Dissolved by EPA 200.7 [10 day] Water $25.00 $25.00 1 Sodium Dissolved by EPA 200.7 [10 day] Water $25.00 $25.00 1 NB TPH as Diesel/Motor Oil by EPA 8015B [10 day] Water $100.00 $100.00 1 NB TPH as Gas & VOAs by EPA 8015 & 8260B [10 day] Water $160.00 $160.00 1 Nitrate as N by EPA 300.0 [10 day] Water $40.00 $40.00 1 Total Dissolved Solids by SM2540C [10 day] Water $30.00 $30.00 1 Total Suspended Solids by SM2540D [10 day] Water $30.00 $30.00 1 Sulfate by EPA 300.0 [10 day] Water $30.00 $30.00
Invoice Total: $849.00

Ukiah, CA 95482
2054395-UKIAHLF
04/27/22 NET 30
Quantity Analysis/Description Matrix Unit Cost Extended Cost Ukiah Landfill
300 Seminary Ave
22D3790
Attn:

Bill To:

Order # Receipt Date
Date: 05/18/22
Invoice #:

PO/Reference:

Project No:

Terms
Jason Benson Project ID: Monitoring Wells - Quarterly
Monitoring Wells - Quarterly
Alpha Analytical Laboratories, Inc.
3 Volatiles by EPA 8260 [10 day] Water $0.00 $0.00
1 Volatiles by EPA 8260 [10 day] Water $160.00 $160.00
1 Silver Dissolved by EPA 200.7 [10 day] Water $25.00 $25.00 1 Aluminum Dissolved by EPA 200.7 [10 day] Water $25.00 $25.00 3 Total Alkalinity by SM2320B [10 day] Water $25.00 $75.00 3 Ammonia by SM4500-NH3 C [10 day] Water $48.00 $144.00 1 Arsenic Dissolved by EPA 200.8 [10 day] Water $25.00 $25.00 3 Boron Dissolved by EPA 200.7 [10 day] Water $25.00 $75.00 1 Barium Dissolved by EPA 200.7 [10 day] Water $25.00 $25.00 1 Small Bailer [10 day] Water $176.00 $176.00
1 Beryllium Dissolved EPA 200.7 [10 day] Water $25.00 $25.00 3 Bicarbonate by SM2320B [10 day] Water $25.00 $75.00
3 Calcium Dissolved by EPA 200.7 [10 day] Water $25.00 $75.00 3 Carbonate by SM2320B [10 day] Water $25.00 $75.00
1 Cadmium Dissolved by EPA 200.7 [10 day] Water $25.00 $25.00 3 Chloride by EPA 300.0 [10 day] Water $30.00 $90.00
1 Cobalt Dissolved by EPA 200.7 [10 day] Water $25.00 $25.00 3 Conductivity by SM2510B [10 day] Water $30.00 $90.00
1 Chromium Dissolved by EPA 200.7 [10 day] Water $25.00 $25.00 1 Hexavalent Chromium in Water by EPA 7196A [10 day] Water $76.00 $76.00 1 Copper Dissolved by EPA 200.7 [10 day] Water $25.00 $25.00 1 Iron Dissolved by EPA 200.7 [10 day] Water $25.00 $25.00 1 Field Technician [10 day] Water $770.00 $770.00
1 Filters [10 day] Water $160.00 $160.00
3 Fluoride by EPA 300.0 [10 day] Water $30.00 $90.00
1 GeoTracker EDF File [10 day] Water $226.00 $226.00
3 Handling & Disposal [10 day] Water $5.00 $15.00

Ukiah, CA 95482
2054395-UKIAHLF
04/27/22 NET 30
Quantity Analysis/Description Matrix Unit Cost Extended Cost Ukiah Landfill
300 Seminary Ave
22D3790
Attn:

Bill To:

Order # Receipt Date
Date: 05/18/22
Invoice #:

PO/Reference:

Project No:

Terms
Jason Benson Project ID: Monitoring Wells - Quarterly
Monitoring Wells - Quarterly
Alpha Analytical Laboratories, Inc.
1 Mercury Dissolved by EPA 245.1 [10 day] Water $60.00 $60.00 3 Potassium Dissolved by EPA 200.7 [10 day] Water $25.00 $75.00 3 Magnesium Dissolved by EPA 200.7 [10 day] Water $25.00 $75.00 1 Miles [10 day] Water $7.00 $7.00
3 Manganese Dissolved by EPA 200.7 [10 day] Water $25.00 $75.00 1 Molybdenum Dissolved by EPA 200.7 [10 day] Water $25.00 $25.00 3 Sodium Dissolved by EPA 200.7 [10 day] Water $25.00 $75.00 3 NB TPH as Diesel/Motor Oil by EPA 8015B [10 day] Water $100.00 $300.00 3 NB TPH as Gas & VOAs by EPA 8015 & 8260B [10 day] Water $160.00 $480.00 1 Nickel Dissolved by EPA 200.7 [10 day] Water $25.00 $25.00 3 Total Nitrogen (NO2, NO3, TKN & Calc.) [10 day] Water $125.00 $375.00 1 Oil and Grease (HEM) [10 day] Water $95.00 $95.00
1 Lead Dissolved by EPA 200.8 [10 day] Water $25.00 $25.00 3 pH Water by SM4500-H+ B [10 day] Water $32.00 $96.00
1 Antimony Dissolved by EPA 200.7 [10 day] Water $25.00 $25.00 1 Selenium Dissolved by EPA 200.8 [10 day] Water $25.00 $25.00 1 Tin Dissolved by EPA 200.7 [10 day] Water $25.00 $25.00 3 Total Dissolved Solids by SM2540C [10 day] Water $30.00 $90.00 3 Sulfate by EPA 300.0 [10 day] Water $30.00 $90.00
1 Thallium Dissolved by EPA 200.7 [10 day] Water $25.00 $25.00 1 Vanadium Dissolved by EPA 200.7 [10 day] Water $25.00 $25.00 1 Zinc Dissolved by EPA 200.7 [10 day] Water $25.00 $25.00 Invoice Total: $4,740.00

Ukiah, CA 95482
2054497-UKIAHLF
04/27/22 NET 30
Quantity Analysis/Description Matrix Unit Cost Extended Cost Ukiah Landfill
300 Seminary Ave
22D3823
Attn:

Bill To:

Order # Receipt Date
Date: 05/19/22
Invoice #:

PO/Reference:

Project No:

Terms
Jason Benson Project ID: Surface Water - Quarterly
Surface Water - Quarterly
Alpha Analytical Laboratories, Inc.
2 Ammonia by SM4500-NH3 C [10 day] Water $48.00 $96.00
2 Ammonia Unionized [10 day] Water $60.00 $120.00
2 Chloride by EPA 300.0 [10 day] Water $30.00 $60.00
2 COD by SM5220D [10 day] Water $45.00 $90.00
2 Dissolved Oxygen by SM4500-O G [10 day] Water $32.00 $64.00 2 Handling & Disposal [10 day] Water $5.00 $10.00
2 Total Nitrogen (NO2, NO3, TKN & Calc.) [10 day] Water $125.00 $250.00 2 pH Water by SM4500-H+ B [10 day] Water $32.00 $64.00
2 Total Settleable Solids by SM2540 [10 day] Water $40.00 $80.00 2 Total Dissolved Solids by SM2540C [10 day] Water $30.00 $60.00 2 Total Suspended Solids by SM2540D [10 day] Water $30.00 $60.00 2 Sulfate by EPA 300.0 [10 day] Water $30.00 $60.00
2 Turbidity by SM2130B [10 day] Water $25.00 $50.00
Invoice Total: $1,064.00

Ukiah, CA 95482
2054512-UKIAHLF
04/27/22 NET 30
Quantity Analysis/Description Matrix Unit Cost Extended Cost Ukiah Landfill
300 Seminary Ave
22D3819
Attn:

Bill To:

Order # Receipt Date
Date: 05/19/22
Invoice #:

PO/Reference:

Project No:

Terms
Jason Benson Project ID: Stormwater
Stormwater
Alpha Analytical Laboratories, Inc.
3 Volatiles by EPA 8260 [10 day] Water $160.00 $480.00
2 Total Alkalinity by SM2320B [10 day] Water $25.00 $50.00 2 Boron Total by EPA 200.7 [10 day] Water $25.00 $50.00 2 Barium Total by EPA 200.7 [10 day] Water $25.00 $50.00 2 Bicarbonate by SM2320B [10 day] Water $25.00 $50.00
2 Calcium Total by EPA 200.7 [10 day] Water $25.00 $50.00 2 Carbonate by SM2320B [10 day] Water $25.00 $50.00
2 Chloride by EPA 300.0 [10 day] Water $30.00 $60.00
2 COD by SM5220D [10 day] Water $45.00 $90.00
2 Conductivity by SM2510B [10 day] Water $30.00 $60.00
2 Metals Preparation & Digest [10 day] Water $12.00 $24.00 2 Iron Total by EPA 200.7 [10 day] Water $25.00 $50.00
2 Handling & Disposal [10 day] Water $5.00 $10.00
2 Potassium Total by EPA 200.7 [10 day] Water $25.00 $50.00 2 Magnesium Total by EPA 200.7 [10 day] Water $25.00 $50.00 2 Sodium Total by EPA 200.7 [10 day] Water $25.00 $50.00 2 Nitrate as N by EPA 300.0 [10 day] Water $40.00 $80.00 2 Oil and Grease (HEM) [10 day] Water $95.00 $190.00
2 pH Water by SM4500-H+ B [10 day] Water $32.00 $64.00
2 Total Dissolved Solids by SM2540C [10 day] Water $30.00 $60.00 2 Total Suspended Solids by SM2540D [10 day] Water $30.00 $60.00 2 Sulfate by EPA 300.0 [10 day] Water $30.00 $60.00
2 Total Organic Carbon by SM5310 [10 day] Water $76.00 $152.00 2 Turbidity by SM2130B [10 day] Water $25.00 $50.00
2 Zinc Total by EPA 200.7 [10 day] Water $25.00 $50.00

Invoice Total: $1,990.00

Ukiah, CA 95482
2055007-UKIAHLF
04/28/22 NET 30
Quantity Analysis/Description Matrix Unit Cost Extended Cost Ukiah Landfill
300 Seminary Ave
22D4020
Attn:

Bill To:

Order # Receipt Date
Date: 05/23/22
Invoice #:

PO/Reference:

Project No:

Terms
Jason Benson Project ID: Monitoring Wells - Quarterly
Monitoring Wells - Quarterly
Alpha Analytical Laboratories, Inc.
5 Volatiles by EPA 8260 [10 day] Water $160.00 $800.00
4 Total Alkalinity by SM2320B [10 day] Water $25.00 $100.00 4 Ammonia by SM4500-NH3 C [10 day] Water $48.00 $192.00 4 Boron Dissolved by EPA 200.7 [10 day] Water $25.00 $100.00 4 Bicarbonate by SM2320B [10 day] Water $25.00 $100.00
4 Calcium Dissolved by EPA 200.7 [10 day] Water $25.00 $100.00 4 Carbonate by SM2320B [10 day] Water $25.00 $100.00
4 Chloride by EPA 300.0 [10 day] Water $30.00 $120.00
4 Conductivity by SM2510B [10 day] Water $30.00 $120.00 1 Field Technician [10 day] Water $440.00 $440.00
1 Filters [10 day] Water $160.00 $160.00
4 Fluoride by EPA 300.0 [10 day] Water $30.00 $120.00
1 GeoTracker EDF File [10 day] Water $220.00 $220.00
4 Handling & Disposal [10 day] Water $5.00 $20.00
4 Potassium Dissolved by EPA 200.7 [10 day] Water $25.00 $100.00 4 Magnesium Dissolved by EPA 200.7 [10 day] Water $25.00 $100.00 1 Miles [10 day] Water $7.00 $7.00
4 Manganese Dissolved by EPA 200.7 [10 day] Water $25.00 $100.00 4 Sodium Dissolved by EPA 200.7 [10 day] Water $25.00 $100.00 4 NB TPH as Diesel/Motor Oil by EPA 8015B [10 day] Water $100.00 $400.00 4 Total Nitrogen (NO2, NO3, TKN & Calc.) [10 day] Water $125.00 $500.00 4 pH Water by SM4500-H+ B [10 day] Water $32.00 $128.00 4 Total Dissolved Solids by SM2540C [10 day] Water $30.00 $120.00 4 Sulfate by EPA 300.0 [10 day] Water $30.00 $120.00
McCampbell Analytical/Alpha Quote 222315
4 NB TPH as Gasoline by EPA 8015 [10 day] Water $100.00 $400.00

Invoice Total: $4,767.00

Agenda Item No: 7.d.

MEETING DATE/TIME: 6/1/2022
ITEM NO: 2022-1693

AGENDA SUMMARY REPORT
SUBJECT: Notification of Emergency Purchase of all Materials and Labor for the Repair of Traffic Signal Control Cabinets at the Intersections of South State Street and Washington Ave from DC Electric Group in the Amount of $49,895, and Approve a Corresponding Budget Amendment.

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

1. Proposal

2. Purchase Order 47926
Summary: Council will receive a report of the acquisition of an emergency traffic signal cabinet replacement from DC Electric Group in the amount of $49,895, and consider approving a corresponding budget amendment.

Background: On Friday, May 13th, City Staff received a report of the total failure of the traffic control cabinets at the intersection of South State Street and Washington Avenue. Staff put the intersection into flash mode and contacted DC Electric to diagnose the repair.

Discussion: DC Electric returned with a proposal for the instrumentation and labor to repair the intersection and install the new Vantage traffic control cameras located at other intersections within the city. Please see Attachment 1 for a copy of the proposal. Staff reviewed the proposal and scheduled DC Electric to repair the intersection the following Monday morning.

Purchse Order 47926 was issued to DC Electric in the amount of $49,895 for the installation of new and replacement of old hardware (Attachment 2).

Staff is requesting a budget amendment in the amount of $49,814.56. These funds would be used to cover the existing shortfall of funds in the Traffic Signal Maintenance account due to this emergency expense.

Recommended Action: Receive notification of the emergency purchase of all materials and labor for the repair of traffic signal control cabinets at the intersections of South State Street and Washington Ave from DC Electric Group in the amount of $49,895, and approve a corresponding budget amendment.

BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: 10024214.52100: $0
PROPOSED BUDGET AMOUNT: 10024214.52100: $49,814.56
FINANCING SOURCE: General Fund
PREVIOUS CONTRACT/PURCHASE ORDER NO.: 47926
COORDINATED WITH: Tim Eriksen, Director of Public Works; Andrew Stricklin, Associate Engineer; Mary Williamson, Buyer II

DC Electric Group, Inc., 605 W. Sierra Ave, Cotati, CA 94931 t: (707) 992-0141 f: (888) 525-8419 Lic. #949934 DIR #1000003395 SBE #1748848
May 13, 2022
City of Ukiah
Attn: Andrew Stricklin via email: [email protected] 300 Seminary Avenue
Ukiah, CA 95482-5400
Job Name: Replace Failed Traffic Signal Cabinet & Install New Four (4) Camera Video Detection System Job Location: S. State St & Hastings/Washington, Ukiah, CA Dear Andrew,
The existing traffic signal is in red flash because the old signal cabinet has failed and needs replacement. Per your request, we offer to perform the following work based on our standard terms and conditions:
• Establish temporary traffic control.
• Place stop signs for each approach.
• Disconnect service feed and remove and dispose of existing failed traffic signal cabinet, salvage BBS cabinet for re-use.
• Furnish and install a new fully loaded 332L cabinet on existing foundation using red-head anchor bolts. • Reinstall BBS cabinet.
• Re-attach service feed.
• Furnish and install a 170E controller and 210E Conflict Monitor and re-enter timing to match existing. • Remove stop signs and restore intersection to normal auto operation. • Furnish and install a new four (4) camera Vantage NEXT™ video detection system at the subject intersection. • Furnish and install the necessary cable through existing conduits and mount the cameras on the signal mast arm (SMA) on 6-ft Pelco risers for each approach, as recommended by manufacturer. • Install all necessary mounting hardware, cabinet components, and program the cameras for proper operation (vehicles and bicyclists), including advanced detection where feasible.

Labor, Material, & Equipment… $49,895.00
NOTE: This price includes removal of existing failing Gridsmart video detection system; all existing equipment shall be delivered to City of Ukiah or disposed of if desired.

This price assumes all conduits are in-tact, accessible, and capable of accepting the new video cable(s) without removal/replacement/repair of existing conductors or conduit. All material is stock with DC Electric Group, Inc. and work is scheduled to begin on Monday, 5/16/22.

This offer is hereby accepted on this __________ day of _________________, 2022.

City of Ukiah DC Electric Group, Inc.

By: ____________________ Tim Carter
Title: __________________ Regional Manager
ATTACHMENT 1

Purchase Order
Purchase
Order #

THIS NUMBER MUST APPEAR ON ALL INVOICES,
PACKAGES AND SHIPPING PAPERS.

Fiscal Year Page of
Delivery must be made within
doors of specified destination.

RECEIVING COPY PO Total
B
I
L
L
T
O
V
E
N
D
O
R
S
H
I
P
T
O
Vendor Phone Number Vendor Fax Number Buyer Date Ordered Date Required Item# Description/Part No. Qty UOM Unit Price Extended Price

CITY OF UKIAH
ATTN: ACCOUNTS PAYABLE
300 SEMINARY AVENUE
UKIAH, CA 95482
Delivery Reference Freight Method/Terms Department/Location Sales Tax Rate 2022 1 1
47926-00

DC ELECTRIC GROUP INC
PO BOX 7525
COTATI CA 94931

CITY OF UKIAH - CIVIC CENTER
300 SEMINARY AVENUE
UKIAH CA 95482
Mary Williamson 05/17/2022 05/17/2022
PW - SETH N/A - NET 30 PUBLIC WORKS DEPARTMENT 0.000
$49,895.00
1 ALL LABOR, MATERIALS AND EQUIPMENT TO 1.0 EACH $49,895.000 $49,895.00

REPLACE FAILED TRAFFIC SIGNAL CABINET AND
INSTALL 4 CAMERA DETECTION SYSTEM
100.10.00.24.242.2421.24214.52100. $49,895.00
REQ #E39573
**EMERGENCY WORK, CABINET FAILED ON 5/13,
WITH ACCIDENTS REPORTED**
AS PER QUOTE DATED 5/13/22

APPROVED BY CITY MANAGER

WORK PERFORMED WILL BE SUBJECT TO
PREVAILING WAGE ADDENDUM û
ATTACHMENT #A, DATED 5/17/2022
Attachment 2

Agenda Item No: 7.e.

MEETING DATE/TIME: 6/1/2022
ITEM NO: 2022-1694

AGENDA SUMMARY REPORT
SUBJECT: Consideration of Award of Bid to Ghilotti Construction Co. in the Amount of $609,806.30 for the Dora Street Overlay Project Specification No. 21-05, and Approval of Corresponding Budget Amendment.

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

1. March 2, 2022 - Staff Report

2. Bid_Results_Dora St Overlay Spec 21-05

3. Bid from Ghilotti

4. April 20, 2022 - Staff Report
Summary: Council will consider awarding a contract to Ghilotti Construction Co. in the amount of $609,806.30 for the Dora Street Overlay Project, Specification No. 21-05.

Background: At the December 15, 2021 City Council meeting, the Council was presented with a number of potential projects to be funded by lease revenue bonds, including a selection of streets to be rehabilitated and the renovation of the City Corporation Yard. At the February 2, 2022 meeting, the Council authorized pursuance of the lease revenue bonds. At the March 2nd meeting, the Council was presented with and approved plans and specifications for one of those projects--the Dora Street Overlay (Staff Report provided as Attachment 1), with direction to advertise the project for construction bid.

This project will rehabilitate Dora Street from upper Luce Avenue north to West Mill Street, as well as pedestrian and ADA access improvements. The project will also include Class 2 bike lanes in both directions and the installation of a new storm drain at Yokoyo Elementary School, along with traffic-calming curb extensions.

Discussion: The City received three construction bids (Attachment 2) for this project on May 19, 2022. Ghilotti Construction Co. was the low bidder with a bid amount of $609,806.30. A copy of Ghilotti Construction Co.’s bid is provided in Attachment 3.

It is Staff's recommendation to award the bid for Specification No. 21-05 for the Dora Street Overlay Project in the amount of $609,806.30 to Ghilotti Construction Co. Staff has included a change order of 10% added to the contract award and is thus requesting an additional $60,980.63 be included with the budget amendment to cover any necessary change orders. $366,424.00 of this project will be paid for SB1 funds authorized in Resolution 2022-26 approved at the April 20, 2022 Council meeting (Attachment 4). The amount referenced in that meeting ($332,953) referenced the wrong fiscal year and should be $366,424.00 Engineering Staff continues to work with the Complete Streets Ad-Hoc in order to provide a more multi-modal network. The existing bike lanes are currently under consideration for alteration as the project proceeds.

Recommended Action: Award bid to Ghilotti Construction Co. in the amount of $609,806.30 for the Dora Street Overlay Project , Specification No. 21-05, and approve a corresponding budget amendment.

BUDGET AMENDMENT REQUIRED: YES

CURRENT BUDGET AMOUNT: 25224220.80230.18342: $332,953.00 25224220.43209.18342: - $332,953.00
PROPOSED BUDGET AMOUNT: 25224220.800230.18382: $670,786.83 25224220.43209.18342: $- 366,424.00
FINANCING SOURCE: SB1Funds and 2022 Lease Revenue Bonds PREVIOUS CONTRACT/PURCHASE ORDER NO.: NA
COORDINATED WITH: Tim Eriksen, Director of Public Works; Andrew Stricklin, Associate Engineer; Mary Horger, Financial Services Manager

Agenda Item No: 12.d.

MEETING DATE/TIME: 3/2/2022
ITEM NO: 2022-1441

AGENDA SUMMARY REPORT
SUBJECT: Approval of Plans and Specifications for the Dora Street Overlay Project, Specification No. 21-05, and Direct Staff to Advertise for Bids.

DEPARTMENT: Public Works PREPARED BY: Andrew Stricklin, Associate Engineer PRESENTER: Tim Eriksen, Director of Public Works/ City
Engineer
ATTACHMENTS:

1. Spec 21-05 Dora Overlay Project
Summary: Council will consider approval of the plans and specifications for the Dora Street Overlay Project, Specification No. 21-05, and direct Staff to advertise for bids. This project will rehabilitate the roadway with an edge grind and 2" asphalt overlay on Dora Street from upper Luce Avenue north to West Mill Street. Work will also include pedestrian and ADA access improvements.

Background: The City Council was presented with a selection of streets to be rehabilitated at the December 15, 2021, meeting regarding the lease revenue bonding to renovate the City Corporation Yard and improve various city streets. With the Council approval to pursue bonding at the February 2, 2022, meeting and subsequent award of said bonds, Public Works has completed both plans and specifications for the Dora Street Overlay Project.

Discussion: City Staff has completed plans and specifications (Attachment 1) for the rehabilitation of the roadway on Dora Street from upper Luce Avenue north to West Mill Street as well as pedestrian and ADA access improvements. This project will also include the restoration of Class 2 bike lanes and installation of new storm drain at Yokayo Elementary School along with traffic calming curb extensions. The construction estimate for this project is $739,000.

Recommended Action: Approve the Plans and Specifications for the Dora Street Overlay Project, Specification No. 21-05, and direct Staff to advertise for bids.

BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: $0
PROPOSED BUDGET AMOUNT: To be determined after bid opening FINANCING SOURCE: Series 2022 Lease Revenue Bonds
PREVIOUS CONTRACT/PURCHASE ORDER NO.:

COORDINATED WITH: Tim Eriksen, Director of Public Works/ City Engineer ATTACHMENT 1

Item # Item Description Quantity UOM Unit Price Item Total Unit Price Item Total Unit Price Item Total 1 TRAFFIC CONTROL 1 LS $35,000.00 $35,000.00 $25,000.00 $25,000.00 $65,700.00 $65,700.00 2 MOBILIZATION / DEMOBILIZATION 1 LS $44,000.00 $44,000.00 $59,200.00 $59,200.00 $40,000.00 $40,000.00 3 ASPHALT GRINDING 98 CY $170.00 $16,660.00 $200.00 $19,600.00 $225.00 $22,050.00 4 ASPHALT CONCRETE FIBER REINFORCED 1411 TN $150.00 $211,650.00 $190.00 $268,090.00 $166.00 $234,226.00 5 ADJUST MANHOLE TO GRADE 7 EA $1,000.00 $7,000.00 $1,500.00 $10,500.00 $1,625.00 $11,375.00 6 ADJUST EXISTING VALVE/SSCO TO GRADE 13 EA $750.00 $9,750.00 $600.00 $7,800.00 $900.00 $11,700.00 7 REFLECTIVE PAVEMENT MARKERS (BLUE) 6 EA $15.00 $90.00 $15.00 $90.00 $15.00 $90.00 8 TRAFFIC STRIPE - DET 1 1389 LF $0.40 $555.60 $0.40 $555.60 $0.40 $555.60 9 TRAFFIC STRIPE - DET 21 603 LF $0.80 $482.40 $0.80 $482.40 $0.80 $482.40 10 TRAFFIC STRIPE - DET 27B 3626 LF $0.60 $2,175.60 $0.60 $2,175.60 $0.60 $2,175.60 11 TRAFFIC STRIPE - DET 38 215 LF $1.50 $322.50 $1.50 $322.50 $1.50 $322.50 12 TRAFFIC STRIPE - DET 39 3522 LF $0.60 $2,113.20 $0.60 $2,113.20 $0.60 $2,113.20 13 TRAFFIC STRIPE - DET 39A 375 LF $0.60 $225.00 $0.60 $225.00 $0.60 $225.00 14 THERMO X-WALK & PAVEMENT 1261 SF $6.00 $7,566.00 $6.00 $7,566.00 $6.00 $7,566.00 15 REMOVE CONCRETE (CURB & GUTTER) 742 LF $18.00 $13,356.00 $22.00 $16,324.00 $24.00 $17,808.00 16 REMOVE CONCRETE (SIDEWALK & 2951 SF $6.00 $17,706.00 $4.50 $13,279.50 $11.00 $32,461.00 17 MINOR CONCRETE (SIDEWALK) 1334 SF $14.00 $18,676.00 $15.00 $20,010.00 $24.00 $32,016.00 18 MINOR CONCRETE (CURB AND GUTTER) 476 LF $65.00 $30,940.00 $54.00 $25,704.00 $70.00 $33,320.00 19 MINOR CONCRETE (6" PLANTER 18 LF $35.00 $630.00 $49.00 $882.00 $40.00 $720.00 20 MINOR CONCRETE (CURB RAMP) 1979 SF $22.00 $43,538.00 $25.00 $49,475.00 $41.00 $81,139.00 21 MINOR CONCRETE (VALLEY GUTTER) 1520 SF $25.00 $38,000.00 $19.00 $28,880.00 $50.00 $76,000.00 22 MINOR CONCRETE (BIORETENTION CURB 83 LF $90.00 $7,470.00 $93.00 $7,719.00 $110.00 $9,130.00 23 MINOR CONCRETE (BIORETENTION CURB) 110 LF $70.00 $7,700.00 $65.00 $7,150.00 $85.00 $9,350.00 24 INSTALL 3"X12" GALVANIZED 61 LF $150.00 $9,150.00 $110.00 $6,710.00 $200.00 $12,200.00 25 INSTALL 12" STORM DRAIN 362 LF $160.00 $57,920.00 $148.00 $53,576.00 $142.00 $51,404.00 26 REMOVE DRAINAGE INLET 2 EA $1,000.00 $2,000.00 $850.00 $1,700.00 $600.00 $1,200.00 27 PLANTER STORM OVERFLOW INLET 2 EA $1,000.00 $2,000.00 $3,500.00 $7,000.00 $1,000.00 $2,000.00 28 DRAINAGE INLET - TYPE GO D73 1 EA $3,000.00 $3,000.00 $6,500.00 $6,500.00 $4,700.00 $4,700.00 29 BIORETENTION AREA 490 SF $25.00 $12,250.00 $18.00 $8,820.00 $17.00 $8,330.00 30 CONSTRUCTION STAKING 1 LS $7,880.00 $7,880.00 $8,472.00 $8,472.00 $8,500.00 $8,500.00 Total Bid $609,806.30 $665,921.80 $778,859.30
Dora Street Overlay Project, Spec 21-05
City of Ukiah
Bid Opening:2022-05-19
Ghilotti Construction
Company, Inc. Granite Construction Company Argonaut Constructors Base Bid
246 Ghilotti Avenue 1324 S State Street PO Box 639
Santa Rosa, CA 95407 Ukiah, CA 95482 Santa Rosa, CA 95402 Chrisp Co.

Striping and Markings
Anrak
Asphalt Grinding
Chrisp Co.

Striping
Pacific Northwest Oil
Tack Oil
Chrisp Co.

Striping
CWM Concrete
Concrete
Pacific Northwest Oil
Tack Oil
Listed Subs
ATTACHMENT 2

ATTACHMENT 3

Agenda Item No: 7.h.

MEETING DATE/TIME: 4/20/2022
ITEM NO: 2022-1569

AGENDA SUMMARY REPORT
SUBJECT: Adoption of Resolution Identifying the 2021-22 Project Funded by SB1: The Road Repair and Accountability Act; and Approval of Corresponding Budget Amendment.

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

1. RMRA Info

2. Ukiah SB-1 2122 Resolution
Summary: Council will consider adopting a resolution to identify a street paving project on Dora Street between Luce and Mill St which will utilize Senate Bill 1, The Road Repair and Accountability Act funds, in addition to bond revenue funds; and consider approving a corresponding budget amendment.

Background: With the adoption of Senate Bill 1 - the Road Repair and Accountability Act (SB 1) - into law, local agencies are required to submit a list of projects using the funding amount identified as the Road Maintenance Rehabilitation Account (RMRA). The City of Ukiah's estimated RMRA funding amount available for Fiscal Year 2021-2022, is $332,953. Further detailed information on RMRA funding can be found in Attachment 1, an excerpt from the League of California Cities bulletin on transportation funding and the projected FY 2021-2022 revenues.

Discussion: City Staff have reviewed the City’s Pavement Management Program and identified a list of streets for asphalt concrete (AC) overlays to be constructed in 2022. Among the streets included on this list, Staff identified a section of Dora Street between Luce and Mill to be funded with RMRA funding.

As a condition to receive RMRA funding, cities are required to select a project through a City resolution (Attachment 2) and submit a copy of the resolution to the California Transportation Commission.

Recommended Action: Adopt resolution identifying the 2021-2022 Project Funded by SB 1: The Road Repair and Accountability Act; and approve corresponding budget amendment.

BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: 25224220.80230.18342: $0; 25224220.43209.18342: $0 PROPOSED BUDGET AMOUNT: 25224220.80230.18342: $332,953; 25224220.43209.18342: -$332,953 FINANCING SOURCE: RMRA Revenue authorized by Senate Bill 1 and Measure Y PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Tim Eriksen, Public Works Director/City Engineer ATTACHMENT 4

Agenda Item No: 7.f.

MEETING DATE/TIME: 6/1/2022
ITEM NO: 2022-1695

AGENDA SUMMARY REPORT
SUBJECT: Adoption of Resolution Calling for the Holding of a General Municipal Election to be Held on November 8, 2022, and to Consolidate and Request the County Clerk to Conduct Said Election with the Statewide General Election.

DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk PRESENTER: Kristine Lawler, City Clerk
ATTACHMENTS:

1. Proposed Resolution - Call for Election for November 8, 2022 Summary: The City Council will consider adopting a resolution that will call for an election to be held on November 8, 2022, for city council candidates, and to request the County Clerk to conduct the municipal election in consolidation with the statewide general election.

Background: The City of Ukiah historically has consolidated its elections with Mendocino County. The estimated cost for providing these election services is $8,000, depending on how many cities consolidate with the County, and other variables that are unknown at this time. This cost will be budgeted accordingly in the Fiscal Year 2022-2023 Elections budget.

Discussion: In order to conduct an election on November 8, 2022, the City Council must adopt the resolution (Attachment 1) calling for the holding of a general municipal election on November 8, 2022, pursuant to Elections Code §10403, and contracting with the County of Mendocino for election services pursuant to Elections Code §10002. The election is necessary to fill the vacancies created by the expiration of three Council terms: Jim O. Brown, Juan V. Orozco, and Mari Rodin, who has been serving the unexpired term of Maureen Mulheren.

Recommended Action: Adopt the resolution calling for the holding of a General Election November 8, 2022; to consolidate said Election with the Statewide General Election pursuant to Election Code §10403; and request the Board of Supervisors of the County of Mendocino to request the County Clerk to Conduct the Municipal Election of the City of Ukiah on Tuesday, November 8, 2022, pursuant to Election Code §10002.

BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: FY 22-23 $8,000
FINANCING SOURCE: 20012500.52100 - City Clerk Contracted Services PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: David Rapport, City Attorney

ATTACHMENT 1

RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON NOVEMBER 8, 2022, FOR THE ELECTION OF CITY COUNCIL CANDIDATES; TO CONSOLIDATE SAID ELECTION

WITH THE STATEWIDE GENERAL ELECTION HELD ON THE SAME DATE PURSUANT TO ELECTIONS CODE §10403; AND REQUESTING THE BOARD OF SUPERVISORS OF THE

COUNTY OF MENDOCINO TO REQUEST THE COUNTY CLERK TO CONDUCT THE MUNICIPAL ELECTION OF THE CITY OF UKIAH ON TUESDAY, NOVEMBER 8, 2022, PURSUANT TO ELECTIONS CODE §10002.

WHEREAS,

1. The City Council of the City of Ukiah has determined to call a Municipal Election to be held on Tuesday, November 8, 2022, to fill three (3) City Council positions; and

2. Elections Code §10403 authorizes the City Council of the City of Ukiah (“City”) to request the Mendocino County Board of Supervisors to consolidate a municipal election with the statewide election scheduled for November 8, 2022; and

3. Elections Code §10002 authorizes the Clerk of the County of Mendocino to render specified services relating to the conduct of an election to any city or district which has by resolution requested the Board of Supervisors to permit the County Clerk to render the services, subject to requirements set forth in that section; and

4. Pursuant to Elections Code §10403(3), the City Council acknowledges that the consolidated election will be held and conducted in the manner prescribed in Elections Code §10418.

NOW, THEREFORE, BE IT RESOLVED that:

1. A municipal election shall be held on November 8, 2022, to fill three City Council positions; and

2. Pursuant to the above cited provisions, the Board of Supervisors of the County of Mendocino is hereby requested to permit the County Clerk to perform and render all services and proceedings incidental to and connected with the conduct of the November 8, 2022, Municipal Election of the City of Ukiah with the cooperation and assistance of the City Clerk of the City of Ukiah, such services to include, but not be limited to, the following:
a. Establish precinct boundaries to coincide with Statewide Election. b. Designate polling locations and appoint election officers. c. Notify election officers of their appointment and instruct inspectors concerning their duties. d. Appoint and pay election officers.
e. Arrange for the availability of polling locations, all supplies necessary for casting ballots, and setting up voting booths, if necessary.
f. Publish lists of precincts, election officers, dates and times polling locations will be open. g. Verify signatures appearing on candidates’ nomination papers; h. Provide sample ballots to each voter.
i. Receive absent voter applications, accept absent voter ballot returns, retain custody of absent voter ballot, and count absent voter ballots.

ATTACHMENT 1

j. Provide Certificate of County Clerk as to result of the Canvass, for approval by the City Council.

BE IT FURTHER RESOLVED, the City Clerk shall be responsible for:
a. Publication of Notice of Election.
b. Publication of Candidate Information as required by law. c. Distribution and receipt of nomination papers.
d. Receipt of Candidate Statements and printing deposits. e. Receive campaign statements and disclosure statements as required by law.

BE IT FURTHER RESOLVED, in consideration of the services rendered by the County Clerk and described herein, the City of Ukiah agrees to pay the actual direct costs reasonably attributable to the City's Municipal Election, and a ten percent (10%) charge for associated overhead based upon a detailed invoice prepared by the County Clerk and presented to the City for payment, and payment for services due shall be made after billing is submitted by the County of Mendocino.

THE FOREGOING RESOLUTION WAS ADOPTED at a regular meeting of the Ukiah City Council held on the 1st day of June 2022, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Jim O. Brown, Mayor
ATTEST:
___________________________________
Kristine Lawler, City Clerk

Agenda Item No: 7.g.

MEETING DATE/TIME: 6/1/2022
ITEM NO: 2022-1697

AGENDA SUMMARY REPORT
SUBJECT: Approval of Amendment No. 4 to a Professional Services Agreement with PSOMAS for an Amount Not to Exceed $2,500 for Professional Consulting Services Related to the City’s Annexation Efforts.

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

1. 6UKI010100 CONTRACT 1920-138

2. COU 1920-138 Amendment 1 Executed

3. COU 1920-138 Amendment 2 Executed

4. COU 1920-138 Amendment 3 Executed

5. COU 1920-138 Amendment 4 City Manager signed

6. COU 1920-138 Amendment 4 Proposed
Summary: Council will consider approval of an Amendment No. 4, to the professional services agreement with PSOMAS for an amount not to exceed $2,500 for professional consulting services related to the City's annexation of City-owned properties.

Background: The City released a Request for Proposals (RFP) in July 2019 for qualified firms to perform land surveyor services to produce application materials for the City's annexation of City-owned parcels. PSOMAS was awarded a contract and executed a professional services agreement with the City for $42,245 on September 9, 2019 through COU #1920-138 (Attachment 1).

Three amendments to COU #1920-138 have since been approved by City Council and executed. Amendment #1 for $3,290 was approved on May 20, 2020 (Attachment 2), Amendment #2 for $2,600 was approved on August 18, 2021 (Attachment 3), and Amendment #3 for $1,600 was approved on November 12, 2021 (Attachment 4).

Since 2019, the City has entered into other agreements for professional services with PSOMAS. On July 7, 2020, the City entered into a separate yet similar agreement (COU #2021-082) to prepare land surveys and metes and bounds application materials for other applications to the Local Agency Formation Commission (LAFCo). This separate agreement with PSOMAS totaled $55,410.40 and is unrelated to the request for annexation of City-owned properties.

Discussion: On March 16, 2022, the City received a Memo from Mendocino County Geographic Information Services (GIS) staff regarding potential inconsistencies within the City's submitted City-owned annexation application. After a series of conversations with County and LAFCo staff, County staff clarified there were minor mapping errors that needed to be processed to move the City's application forward.

Due to the State Board of Equalization's (SBOE) 2022 deadline and the resulting urgent need to progress the City-owned application forward for a hearing by the Local Agency Formation Commission, the City Manager executed the amendment to the PSOMAS contract on May 23, 2022, for $2,600 (Attachment 5). The mapping issues cited by the County are in the process of being corrected by PSOMAS.

The purpose of this agenda item is to seek Council approval on Amendment 4 to COU 1920-138 (Attachment 6). This would bring the total cost of the professional services agreement to $52,235.

Recommended Action: Approve Amendment No. 4 to a professional services agreement with PSOMAS for an amount not to exceed $2,500 for professional consulting services related to the City’s annexation efforts.

BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: 20012200.52304: $6,085
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: COU 1920-138
COORDINATED WITH: Mary Horger, Financial Services Manager; Jesse Davis, Planning Manager

"Scanned"
10-1-19 RS 6UKI010100
Attachment 1

City of Ukiah | RFP for Land Surveyor Services 1

PROJECT UNDERSTANDING
The City of Ukiah (City) desires to annex 17 parcels of land. This requires various documents be prepared by a licensed land surveyor in support of the City’s application to the Mendocino County LAFCo review process for changes to the City’s jurisdiction boundary.

Psomas will prepare an Annexation Exhibit and Legal Description for each of the APN parcels as noted in the RFP in accordance with the requirements of LAFCo’s application process and State Board of Equalization review. The Annexation Exhibits will be similar in format to the examples found in Attachment “A” hereto. We understand that these documents must meet the City’s, LAFCo’s and the State Board of Equalization’s requirements. Psomas understands that full compliance with these requirements is essential before a formal application to change jurisdictional boundaries of the City can be submitted to LAFCo.

To prepare the legal description and exhibits, we will conduct extensive record boundary research and analysis and coordinate with LAFCo for recordation.

We will develop precisely created CAD line work that will provide the basis for the individually numbered courses that will form the body of each legal description. We will incorporate “controlling calls” in the legal description to township, range and section and citations to the applicable record documents, street right of way, subdivision, parcel, adjacent parcel deeds. This will ensure we have met LAFCo and the State Board of Equalization’s criteria that each legal description be a stand-alone document, suitable for recordation.

Our Proposal also includes providing an exhibit schematic diagram of the plan for providing water, sewer and storm drain services, together with a Statement of Water Availability. These services will be provided in coordination with the City’s Utility and Water Services Departments.

This scope includes time to respond to initial review comments from LAFCo.

Psomas will provide additional services for subsequent LAFCo reviews on a time and materials basis, upon request from the City.

As described in our Scope of Work below, Psomas’ proposal fully addresses the requirements for the preparation of the necessary documents needed for the City’s LAFCo Annexation Application.

SCOPE OF WORK
In response to the RFP issued July 23rd, 2019, Psomas proposes to provide the services as described below:
§ Review the preliminary title reports and determine record ownerships and any existing encumbrances on each of the subject parcels. 1 Provided Services

SECTION
ATTACHMENT A - CONTRACT 1920-138

City of Ukiah | RFP for Land Surveyor Services 2
§ Perform research of public records, grant deeds and record maps to determine the property boundaries of the subject assessor’s parcels. § Perform a monument recovery field survey to locate a sufficient number of record boundary corners to be able to geo-reference the individual parcel boundaries to Lambert NAD83 Zone 2 coordinates. This will provide the basis of bearings for the cadastral landbase mapping and legal descriptions for each APN parcel.
§ Horizontal control will be based on U.S. Survey Feet. All distances will be shown in Ground Distances. Any records that are shown in grid distances or in other units with be converted to U.S. Survey Feet.
§ Prepare an Annexation Exhibit Map (Plat) and a written Geographic Description (Legal Description) for each of the 17 APN’s listed in the RFP.

There are two items listed in the RFP that address the requirements for LAFCo’s “Plan of Service” that Psomas has included in this proposal:
§ One (1) copy of the plan for providing services along with a schematic diagram of water, sewer and storm drainage system (refer to Government Code Section 56653).
§ One (1) copy of the Statement of Timely Availability of Water Supplies (reference to Government Code Section 56668(k).

Psomas will coordinate with the City Utility and Water Departments to provide the above documents. We have addressed these in more detail in our stated Assumptions.

Deliverables
Psomas will provide CAD and GIS data compatible with the City of Ukiah’s records management system and Mendocino County’s GIS system. All deliverables will comply with the State Board of Equalization requirements; Government Code Sections 54900 through 54903 as referenced in the RFP. The deliverables for each APN parcel will include:
• AutoCAD Civil 3D .DWG files containing the individual APN Exhibit Maps.
• Digital copy of the legal description in MS Word and PDF file format. • One (1) printed copy (8 1/2” x 11”) of the Exhibit Map for each APN parcel.
• The Exhibit Map and Boundary Description for each APN parcel shall meet the following: The Requirements for Written Geographic Description of the Project Area, Map(s) and List of Assessor’s Parcel Numbers for the Project Area as contained in the State Board of Equalization Requirements will be followed in preparing each of the deliverables. A copy of the State Board of Equalization Requirements is included as Attachment “B”.

Assumptions
The following assumptions are hereby stated for this Work:
§ The City has indicated that they will provide existing as-built drawings of existing water, sewer and storm drain utilities in the areas for the

City of Ukiah | RFP for Land Surveyor Services 3
annexations so that Psomas can utilize this information to prepare the Utility Plan and Exhibit required in the RFP. It is our understanding that this information will be in the form of GIS and/or CAD data and as-built drawings in .PDF format.
§ Psomas will coordinate with the City’s Water Department for compiling the information needed to prepare the Statement of Timely Availability of Water Letter for the parcels to be annexed.
§ Prior to commencement of Work, Psomas will be provided with copies of all land records held by the City that pertain to the APN parcels to be included in the annexation. These land records will include:
• Current Preliminary Title Reports (PTR’s); These will include copies of all supporting documents referenced in the PTR’s.
• CAD and GIS information on City Boundary and APN parcels. • Copies of Tract and Parcel Maps and Record of Survey Maps for the subject APN’s
• Utility as-built drawings and information for the areas covering the affected parcels.
§ The land records will be provided in electronic format with file names indexed APN, Record Map Number or other geo-reference.
§ Provided title information per the preliminary title reports from the City is correct.
§ Record information is correctly indexed in the County Recorder’s office. § We will coordinate with the City to obtain any additional land records necessary for determining property ownership or boundary information.

Exclusions
The following services are excluded from the scope of this proposal. If any of the following services are required, Psomas can provide a separate scope and fee estimate for those services:
§ Boundary Dispute Resolution or Boundary Corner Monumentation. § Filing a Record of Survey for any of the APN parcels is not included in this Proposal.
§ Boundaries that are along non-cadastral lines such as stream, rivers, etc. will be represented “graphically” on the Boundary Exhibit and described in accordance with regional standards for describing these features in the legal description.
§ The preparation of agreements ancillary to the annexation are not included in the scope of work for this proposal.
§ Utility As-Built Surveying (Underground Locating Services). Note: This Proposal does not include these services, however Psomas can provide these services per separate Services Agreement.

City of Ukiah | RFP for Land Surveyor Services 4

PROJECT TEAM
Knowing that surveying is often in the critical path, Psomas’ key to success in maintaining schedules and budgets is maintaining clear communication and having an understanding of expectations. Communication, with and between our clients and staff, is crucial to understanding project needs and client expectations. Only with a mutual understanding of expectations, scope of work, deliverables, budgets and schedules can a project be successfully completed by all involved. With these goals in mind, Psomas strives first and foremost to open the communication dialogue to discuss the project’s ultimate goals and needs with our clients.

Psomas has assembled a survey team to meet the needs of the City of Ukiah.

This team has extensive experience in providing exceptional survey services to public works agencies, special districts, transportation authorities, private developers, and the public at-large.

Resumes of our key staff have been included in the Appendix.

PROJECT SURVEYOR
Manrique Jarquin, LSIT
Psomas

PROJECT MANAGER
Lester E. Carter, Jr., PLS
Psomas

PRINCIPAL TEAM LEADER
Dan Forgey, PLS
Psomas

PROJECT MANAGER

CITY OF UKIAH
Mary Horger

CAD/GIS SPECIALIST
Robert Jacobson
Psomas

CAD/GIS
Brad Hampshire
Psomas

CAD/GIS CERTIFICATION
Tim Schooss
Psomas

City of Ukiah | RFP for Land Surveyor Services 5
2 Time & Materials / Rate Schedule

SECTION

PSOMAS FEE
Psomas’ fee for the above services is based on Time and Materials “Not-toExceed” Fee of: $42,245.00 The above estimated fee shall not be exceeded without prior authorization from client and shall remain valid for 30 days. Psomas’ current Standard Rate Schedule is attached on the following page.

City of Ukiah | RFP for Land Surveyor Services 6

City of Ukiah | RFP for Land Surveyor Services 7
3 Proposed Schedule

SECTION
Psomas has anticipated 30 working days to perform the above scope of services. Meeting our proposed schedule and submittal deadline is dependent upon receiving work authorization and reference documents in sufficient time to complete the work and the time required for the District to complete a review of the preliminary deliverables.

Client Name | Project Name 8

Client Name | Project Name 9

Attachment 2

"Scanned"
9-14-2021 RS 6UKI010100
Task 1 Addt'l Funds
Attachment 3

"Scanned"
11-17-2021 RS 6UKI010100
Task 1 Additional Funds
Attachment 4

5-23-2022
Attachment 5

11661 Blocker Drive
Suite 200
Auburn, CA 95603
Tel 530.885.7072
www.Psomas.com
Amendment No. 4 – Revisions to City Boundary for Initial Annexations May 23, 2022

P22-0110
EXHIBIT “A”
From: Jesse Davis <[email protected]>
Sent: Friday, May 20, 2022 12:06 PM
To: Lester Carter <[email protected]>
Cc: Ruth Smith <[email protected]>; Manrique Jarquin <[email protected]>; Bradley Hampshire <[email protected]>; Craig Schlatter <[email protected]> Subject: RE: City of Ukiah - Revisions to City Boundary for Initial Annexations (P22-0110) Importance: High
Good Morning Lester,
Greetings, and thank you for this follow-up explanation and response. It is appreciated and understood. I hope that you are feeling well.

I have been authorized by the Community Development Director, as well as the City Manager, to allow PSOMAS to undertake this work (not to exceed $2,500) as soon as you are able. Please proceed.

Should you need anything from myself or other City Staff, please do not hesitate to contact me. As this is one of the last updates needed to progress this annexation request to a hearing, any needed assistance will be prioritized by City staff.

Thank you in advance for your work on updating this map as well as the legal description, and responding to the County’s Information Services Division.

Best Regards,
Jesse Davis
Jesse Davis, AICP
Planning Manager
Department of Community Development
300 Seminary Avenue, Ukiah, CA 95482
P: 707.463.6207
www.cityofukiah.com/community-development
From: Lester Carter [mailto:[email protected]]
Sent: Wednesday, May 18, 2022 7:58 AM
To: Jesse Davis <[email protected]>
Cc: Ruth Smith <[email protected]>; Manrique Jarquin <[email protected]>; Bradley Hampshire <[email protected]>
Subject: FW: City of Ukiah - Revisions to City Boundary for Initial Annexations (P22-0110) Hello Jesse:

As Leif noted below, these documents were not scanned and thus not available for public review, except someone went to the City to spend the time

11661 Blocker Drive
Suite 200
Auburn, CA 95603
Tel 530.885.7072
www.Psomas.com
Amendment No. 4 – Revisions to City Boundary for Initial Annexations May 23, 2022

P22-0110
coordinating an information request with the “respective Departments”. I feel that this was not an oversight on our part as we performed agency outreach and normal due diligence in researching the City and individual parcel boundaries. I will need to request a budget amendment to address the revisions Leif has noted in his memo. I estimate this being between $1,464 and $1,952 for the CAD Mapping Tech time, with some PM/PLS oversight and review time. It is difficult to gauge the amount of staff and project management effort until I have the documents and can review them.

Do you have an option to authorize this work under a “Time and Materials” budget, with an initial Not-to-Exceed limit of $2,500? I anticipate this amount of time will be needed, since this will also affect the “controlling calls” in the legal description, i.e., whenever a portion of a parcel boundary or a portion of the Annexation Boundary crosses the City boundary into unincorporated area, we will now need to cite this in the legal and show it on the Exhibit B.

Let me know your thoughts on this – Thank You,
Lester E. “Les” Carter Jr., PLS
P S O M A S | Balancing the Natural and Built Environment Project Manager
Survey and Geospatial Services
11661 Blocker Drive, Suite 200
Auburn, CA 95603
Mobile: 805-503-3632
www.Psomas.com

COU #1920-138-A4

CITY OF UKIAH
AMENDMENT NO. 4
TO

PROFESSIONAL SERVICES AGREEMENT

BETWEEN
PSOMAS and THE CITY OF UKIAH
This Amendment No. 4, entered on June 1, 2022, revises the Agreement for Professional services dated September 9, 2019 between the City of Ukiah and PSOMAS for professional consulting related to land surveyor services.

This Amendment No. 4 requests revisions to the previously provided Annexation Exhibit Map and Legal Description to correct issues identified by the County of Mendocino’s Information Services Division.

This additional work adds $2,500 to the agreement, for a total revised contract amount of $52,235.

Except as expressly amended by this Agreement, all other terms and conditions of the agreement remain unchanged and in full force and effect.

IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS
AMENDMENT ON THE EFFECTIVE DATE:

PSOMAS
BY: DATE:

PRINT NAME: DAN FORGEY, VICE PRESIDENT

CITY OF UKIAH
BY: DATE:

SAGE SANGIACOMO, CITY MANAGER
ATTEST
BY: DATE:

KRISTINE LAWLER, CITY CLERK
Attachment 1: Correspondence - Lester Carter/Jesse Davis (Revisions to City Boundary for Initial Annexations (P22-0110)
Attachment 6

Agenda Item No: 7.h.

MEETING DATE/TIME: 6/1/2022
ITEM NO: 2022-1699

AGENDA SUMMARY REPORT
SUBJECT: Consideration of Award of a One (1) Year Extension of City of Ukiah Agreement No. 2021-184 to AP Triton LLC for Continued Consulting Services for The Ukiah Valley Fire Authority's Pre-Hospital Emergency Medical Services in an Amount not to Exceed $60,000.

DEPARTMENT: Fire PREPARED BY: Doug Hutchison, Fire Chief PRESENTER: Doug Hutchison, Fire Chief- Ukiah Valley Fire Authority
ATTACHMENTS:

1. Ukiah Valley - extension 05.01.22 to 04.30.23

2. Ukiah Valley PSA 05.01.2021 FULLY EXECUTED
Summary: Council will consider awarding a one (1) year extension to AP Triton for consulting services for the Ukiah Valley Fire Authority's Pre-Hospital Emergency Medical Services (PHEMS), for an amount not to exceed $60,000.00
Background: The Ukiah Valley Fire Authority has utilized the expertise of AP Triton for consultation on a wide range of issues surrounding the Fire Authority's provision of Pre-Hospital Emergency Medical Services.

Discussion: The Fire Authority would like to extend the current agreement, COU 2021-184, for an additional year as the Fire Authority, the City, and the County continue to work through the process of potentially establishing a Joint Powers Agreement (JPA) for provision of Pre-Hospital Emergency Medical Services (PHEMS), and Emergency Ambulance Transport in Inland Mendocino County. AP Triton has been providing consulting services to the Fire Authority since 2019, and their continued expertise will be crucial in crafting a plan that is beneficial to the entire community while at the same time protecting the signatory agencies' rights and obligations. The proposed extension is provided as Attachment 1. For reference, our previous agreement with AP Triton, COU 202-184, is Attachment 2.

Recommended Action: Approve a one (1) year extension of COU Agreement No. 2121-184 with AP Triton for an amount not to exceed $60,000.00.

BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: 71021100.52100: $63,348
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: COU 2021-184
COORDINATED WITH: Doug Hutchison, Fire Chief- Ukiah Valley Fire Authority

ATTACHMENT 1

Agenda Item No: 7.i.

MEETING DATE/TIME: 6/1/2022
ITEM NO: 2022-1700

AGENDA SUMMARY REPORT
SUBJECT: Consideration of Award of Bid to Wahlund Construction, Inc. in the Amount of $220,775 for the Ford and Orchard Lift Station Replacement Specification No. 22-02.

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

1. Bid Notice

2. Bid Tabulation

3. Wahlund Bid
Summary: Council will consider awarding a contract to Wahlund Construction in the amount of $220,775 for Ford and Orchard Lift Station Replacement, Specification No. 22-02.

Background: It was determined that the existing lift station at Ford and Orchard that serves the Wagenseller and surrounding communities has begun to fail. Both the pumps and control system are at end of life and need replacement.

In addition to the lift station mechanical and control equipment replacement - and other improvements such as wet well epoxy coating, site fencing, and traffic bollards - Public Works Staff coordinated with the Electric Utility Department and included the installation of new primary underground electric conduits under Orchard Avenue for future development.

Discussion: The City released the bid notice (Attachment 1) in April and interested contractors participated in a bid walk for the project on May 3, 2022. The City received three construction bids for this project on May 18, 2022 (Bid Tabulation is Attachment 2). Wahlund Construction was the low bidder with a bid amount of $220,775.

It is Staff's recommendation to award the bid (Attachment 3) for Specification No. 22-02 for the Ford and Orchard Lift Station Replacement in the amount of $220,775 to Wahlund Construction, Inc.

An internal budget transfer will be performed to link budgeted Electric Utility Department funds to the Project Code associated with the replacement project. (18134)

Recommended Action: Approve award of a contract to Wahlund Construction, Inc. in the amount of $220,775.00 for the Ford and Orchard Lift Station Replacement, Specification No. 22-02.

BUDGET AMENDMENT REQUIRED: NO
CURRENT BUDGET AMOUNT: 84027221.80100.18134: $200,000 80126100.80230.18034: $0 PROPOSED BUDGET AMOUNT: 84027221.80100.18134: $170,825 80126100.80230.18134: $49,950 (by internal transfer from PC 18044)
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A

COORDINATED WITH: Tim Eriksen, Director of Public Works; Cindy Sauers, Electric Utility Director; Jason Benson, Senior Engineer; Sonu Upadhyay, Senior Power Engineer; and Mary Horger, Financial Services Manager.

CITY OF UKIAH

MENDOCINO COUNTY, CALIFORNIA

SPECIAL PROVISIONS
FOR

FORD AND ORCHARD LIFT STATION REPLACEMENT
SPECIFICATION NO. 22-02

CITY OF UKIAH

DEPARTMENT OF PUBLIC WORKS
300 Seminary Avenue
Ukiah, California 95482-5400
MANDATORY PRE-BID MEETING:
10:00 a.m., Tuesday, May 3, 2022
Beginning at the north parking lot of the Home Depot,
located at 350 N Orchard Ave, Ukiah, CA 95482
Bids Open: May 11, 2022
2:00 p.m.

Office of City Clerk
ATTACHMENT 1

CITY OF UKIAH

MENDOCINO COUNTY, CALIFORNIA
CITY COUNCIL:

JIM O. BROWN, MAYOR
JUAN OROZCO – VICE-MAYOR
JOSEFINA DUENAS – COUNCIL MEMBER
DOUGLAS CRANE – COUNCIL MEMBER
MARI RODIN– COUNCIL MEMBER
SAGE SANGIACOMO – CITY MANAGER

TIM ERIKSEN - DIRECTOR OF PUBLIC WORKS / CITY ENGINEER
MARY HORGER – FINANCIAL SERVICES MANAGER
KRISTINE LAWLER – CITY CLERK
R. ALLEN CARTER - CITY TREASURER

CITY OF UKIAH

DEPARTMENT OF PUBLIC WORKS
APRIL 2022

FORD AND ORCHARD LIFT STATION REPLACEMEMT iii Spec No. 22-02

TABLE OF CONTENTS

PAGE

NOTICE TO BIDDERS
INSTRUCTIONS TO BIDDERS ...................................................................................................................... 1

GENERAL CONDITIONS
SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS .............................................. 3 1-01. Definitions
1-02. Examinations of Plans, Special Provisions and Site of Work 1-03. Proposal
1-04. Withdrawal of Bids
1-05. Public Opening of Bids
1-06. Bid Guaranty
1-07. Qualification of Bidders
1-08. Disqualification of Bidders
1-09. Identification of Subcontractors
1-10. General Provisions of the Standard Specifications 1-11. Addenda
SECTION 2. AWARD AND EXECUTION OF CONTRACT........................................................................... 5 2-01. Award of Contract
2-02. Return of Proposal Guaranties
2-03. Execution of Contract
SECTION 3. SCOPE AND INTENT OF CONTRACT .................................................................................... 5 3-01. Effect of Inspection and Payments
3-02. Effect of Extension of Time
3-03. Extra Work
3-04. Assignment of Contract
3-05. Subcontractors
3-06. Interpretation of Special Provisions and Drawings 3-07. Addenda
3-08. Liability of City Officials
3-09. Dispute Resolution
SECTION 4. BONDS...................................................................................................................................... 6 4-01. Faithful Performance Bond
4-02. Material and Labor Bond
4-03. Defective Material and Workmanship Bond
4-04. Notification of Surety Companies
SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS ......................................................... 7 5-01. Minimum Scope of Insurance
5-02. Minimum Limits of Insurance
5-03. Deductibles and Self-Insured Retentions
5-04. Other Insurance Provisions
5-05. Acceptability of Insurers
5-06. Verification of Coverage

FORD AND ORCHARD LIFT STATION REPLACEMEMT iv Spec No. 22-02 5-07. Subcontractors
SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR ......................................................... 8 6-01. Legal Address of Contractor
6-02. Office of Contractor at Site
6-03. Attention to Work
6-04. Liability of Contractor
6-05. Protection of Persons and Property
6-06. Protection of City Against Patent Claims
6-07. Protection of Contractor's Work Property
6-08. Regulations and Permits
6-09. Construction Utilities
6-10. Approval of Contractor's Plans
6-11. Suggestions to the Contractor
6-12. Termination of Unsatisfactory Subcontracts
6-13. Preservation of Stakes and Marks
6-14. Assistance to Engineer
6-15. Removal of Condemned Materials and Structures
6-16. Proof of Compliance with Contract
6-17. Errors and Omissions
6-18. Cooperation
6-19. Right of Contractor to Stop Work
6-20. Hiring and Dismissal of Employees
6-21. Wage Rates
6-22. Cleaning Up
6-23. Guaranty
SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY ........................................................................ 13 7-01. Authority of the Engineer
7-02. Inspection
7-03. Surveys
7-04. Rights-of-Way
7-05. Retention of Imperfect Work
7-06. Changes in the Work
7-07. Additional Drawings by City
7-08. Additional and Emergency Protection
7-09. Suspension of Work
7-10. Right of City to Terminate Contract
7-11. Use of Completed Portions
SECTION 8. WORKMANSHIP, MATERIALS AND EQUIPMENT .............................................................. 15 8-01. General Quality
8-02. Quality in Absence of Detailed Specifications
8-03. Materials and Equipment Specified by Name
8-04. Source of Materials
8-05. Storage of Materials
8-06. Drawings, Samples and Tests
SECTION 9. PROSECUTION OF WORK .................................................................................................... 16 9-01. Equipment and Methods
9-02. Time of Completion
9-03. Avoidable Delays
9-04. Unavoidable Delays

FORD AND ORCHARD LIFT STATION REPLACEMEMT v Spec No. 22-02 9-05. Notice of Delays
9-06. Extension of Time
9-07. Unfavorable Weather and Other Conditions
9-08. Saturday, Sunday, Holiday and Night Work
9-09. Hours of Labor
SECTION 10. PAYMENT ............................................................................................................................. 17 10-01. Certification by Engineer
10-02. Progress Estimates and Payment
10-03. Substitution of Securities
10-04. Acceptance
10-05. Final Estimate and Payment
10-06. Delay Payments
10-07. Extra Work and Work Omitted
10-08. Compensation for Extra Work or Work Omitted
10-09. Compensation to the City for Extension of Time
10-10. Liquidated Damages for Delay
SECTION 11. MISCELLANEOUS ............................................................................................................... 20 11-01. Notice
11-02. Computation of Time
11-03 Claims Procedure Required by Public Contract Code Section 9204 11-04. Litigation and Forum Selection
11-05. Waiver

TECHNICAL SPECIFICATIONS
SECTION 12. GENERAL INFORMATION .................................................................................................. 24 12-01. Location and Scope of Work
12-02. Arrangement of Technical Specifications
12-03. Arrangement of Plans
12-04. Business Licenses
12-05. Permits
12-06. Standard Specifications and Standard Plans
12-07. Temporary Facilities
12-08. Public Convenience and Safety
12-09. Maintaining Traffic
12-10. Stream Pollution
12-11. Warranties
12-12. Utilities
12-13. Preconstruction Conference
12-14. Safety Requirements
12-15. Notification of Underground Service Alert (USA) and Location of Existing Facilities.

SECTION 13. CONSTRUCTION DETAILS ................................................................................................. 27 13-01. Mobilization
13-02. Site Preparation
13-03. Dust Control
13-04. Earthwork
13-05. Backfill and Compaction
13-06. Excavation Support and Protection
13-07. Inspection and Acceptance
13-08. Startup and Commissioning

FORD AND ORCHARD LIFT STATION REPLACEMEMT vi Spec No. 22-02 13-09. Mechanical and Piping
13-10. Electrical, Instrumentation and Controls
13-11. Concrete
SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS ................................................................. 28 14-01. Provisions to be Excluded from General Conditions22 SECTION 15. AMENDMENTS TO GENERAL CONDITIONS .................................................................... 28 15-01. Provisions of General Conditions to be Amended

CERTIFICATES AND DOCUMENTS
BID SUBMITTAL CHECKLIST ...................................................................................................................... 29 PROPOSAL ............................................................................................................................................. 30 BIDDING SCHEDULE ................................................................................................................................... 31 FAIR EMPLOYMENT PRACTICES CERTIFICATION .................................................................................. 35 WORKER'S COMPENSATION CERTIFICATE ............................................................................................ 36 CERTIFICATE OF NONDISCRIMINATION IN EMPLOYMENT ................................................................... 37 LIST OF PROPOSED SUBCONTRACTORS ............................................................................................... 38 STATEMENT OF EXPERIENCE OF BIDDER .............................................................................................. 39 SIGNATURE OF BIDDER ............................................................................................................................. 40 BIDDER'S BOND .......................................................................................................................................... 41 NON-COLLUSION AFFIDAVIT ..................................................................................................................... 42 AGREEMENT ............................................................................................................................................. 43 INDEMNIFICATION AGREEMENT ............................................................................................................... 47 EXAMPLE BOND FORMS ............................................................................................................................ 48 DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND ............. 53 DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND ................................................. 54

INSURANCE CERTIFICATES AND ENDORSEMENT FORMS
APPENDICES:

A – Site Map
B – Xylem Submittal
C -- COU-PW Lift Pump Station WIP SB

CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA

NOTICE TO BIDDERS FOR
FORD AND ORCHARD LIFT STATION REPLACEMENT SPECIFICATION NO. 22-02 NOTICE IS HEREBY GIVEN that sealed standard proposals for FORD AND ORCHARD LIFT STATION REPLACEMENT will be received at the Office of the City Clerk, Ukiah Civic Center, 300 Seminary Avenue, Ukiah California until 2:00 p.m. on May 11, 2022, at which time, or as soon thereafter as possible, they will be publicly opened and read. Bids shall be addressed to the City Clerk and shall be endorsed “FORD AND ORCHARD LIFT STATION REPLACEMENT." Bids are required for the entire work described herein. No fax bids will be accepted.

ENGINEER'S ESTIMATE OF QUANTITIES
Item
No.

Description Quantity Unit of
Measure

1. MOBILIZATION, DEMOBIZATION, FINAL CLEANUP 1 LS

2. TEMPORARY WATER POLLUTION CONTROL PLAN 1 LS

3. CONSTRUCTION AREA SIGNS 1 LS

4. TRAFFIC CONTROL SYSTEM 1 LS

5. CONSTRUCTION SURVEY 1 LS

6. EROSION CONTROL 1 LS

7. BYPASS SEWAGE PUMPING 1 LS

8. LANDSCAPE REMOVAL AND REPLACEMENT, AS REQUIRED 1 LS

9. REMOVE EXISTING PUMP STATION EQUIPMENT 1 EA

10. REMOVE EXISTING CONTROL CABINET 1 EA

11. INSTALL (2) PUMPS 1 EA

12. INSTALL (2) CHECK VALVES 1 EA

13. INSTALL LEVEL SENSORS 3 EA

14. INSTALL CONTROL CABINET 1 EA

15. INSTALL NEW POWER METER 1 LS

16. INSTALL NEW 480V 3PH. FROM METER TO CABINET 1 LS

17. TIE-IN TO EXISTING SEWER 1 LS

18. REMOVE EXISTING PRIMARY PULL BOX 1 EA

19. INSTALL NEW PRIMARY PEDESTAL 1 EA

20. BORE 4” CONDUIT TO EAST (180’) 2 EA

21. INSTALL TRANSFORMER PAD 1 EA

22. TRENCH AND INSTALL 4” CONDUIT TO SEC. PULL BOX SPB-1 1 EA

23. INSTALL CHAINLINK FENCE 100 LF

24. INSTALL GATE FOR FENCED AREA 1 EA

25. INSTALL BOLLARDS 5 EA

Plans and Special Provisions may be inspected and/or copies obtained from the City’s website at www.cityofukiah.com/purchasing. No bid will be considered unless it is made on the forms furnished by the City and is made in accordance with the details of the Special Provisions. Each bidder must be licensed as required by law.

Further information regarding the work or these specifications can be obtained by calling Mary Horger, Financial Services Manager at (707) 463-6233 or by email at [email protected].

A MANDATORY PRE-BID MEETING will be held at 10:00 a.m., Tuesday, May 3, 2022 beginning at the north parking lot of the Home Depot, located at 350 N Orchard Ave, Ukiah, CA 95482.

The City Council reserves the right to reject any or all bids and to determine which proposal is, in its opinion, the lowest responsive bid by a responsible bidder and which it deems in the best interest of the City to accept. The City Council also reserves the right, but not the obligation, to waive any irregularity or failure to strictly comply with the bidding requirements, that the City determines in the reasonable exercise of its discretion does not provide the bidder with a competitive advantage over other bidders.

No contractor or subcontractor may be listed on a bid proposal for a public works unless registered with the Department of Industrial Relations (“DIR”) pursuant to Labor Code section 1725.5 except as allowed. under Labor Code section 1771.1(the prime contractor shall be responsible for posting job site notices as prescribed by regulation. This project is subject to compliance monitoring and enforcement by the DIR.

Pursuant to provisions of Section 1770, including amendments thereof, of the Labor Code of the State of California, the DIR Director has ascertained the general prevailing rate of wages for straight time, overtime, Saturdays, Sundays and Holidays including employer payment for health and welfare, vacation, pension and similar purposes for the City of Ukiah. Copies of his General Prevailing Wage Determination are available on the Internet at web address: http://www.dir.ca.gov/DLSR/PWD/ The prime contractor for the work herein shall possess a current, valid State of California, Class A Contractor's License. Pursuant to California Public Contract Code §22300, this contract includes provisions that allow substitutions of certain types of securities in lieu of the City withholding a portion of the partial payments due the Contractor to insure performance under this contract.

By order of the City Council, City of Ukiah, County of Mendocino, State of California.

Dated: ________________________ ________________________________________ Kristine Lawler, City Clerk, City of Ukiah, California
PUBLISH ONE TIME: April 26, 2022
4/18/22

FORD AND ORCHARD LIFT STATION REPLACEMENT 1 Spec. No. 22-02

INSTRUCTIONS TO BIDDERS
FORD AND ORCHARD LIFT STATION REPLACEMENT shall be performed in accordance with the Plans and Special Provisions therefor adopted, to which special reference is hereby made.

Each bidder must supply all the information required by the bid documents and Special Provisions.

Minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color or national origin in consideration for an award of any contract entered into pursuant to this advertisement. Women will be afforded equal opportunity in all areas of employment. However, the employment of women shall not diminish the standards or requirements for the employment of minorities.

All proposals or bids shall be accompanied by a cashier's check or certified check payable to the order of the City of Ukiah amounting to 10 percent of the bid, or by a bond in said amount and signed by the bidder and a corporate surety, payable to said City. Said check shall be forfeited, or said bond shall become payable to said City in case the bidder depositing the same does not, within fifteen (15) days after written notice that the contract has been awarded to him: (a) enter into a contract with the City and (b) furnish certificates of insurance and endorsements, a bond of faithful performance and a payment bond as described in the Special Provisions.

No bidder shall withdraw his or her bid for a period of thirty (30) calendar days after the date set by the City for the opening thereof.

The Contractor and any subcontractors shall each possess a valid City of Ukiah Business License prior to the start of any work.

The Contractor shall furnish a project schedule to the Engineer prior to the start of any work and start work as scheduled.

The work is to be completed within twelve (12) calendar days. The Contractor will pay to the City the sum of five hundred ($500.00) dollars per day for each and every calendar day's delay beyond the time prescribed.

The staff shall notify a bidder by telephone, email or fax, if it intends to recommend the rejection of the bidder’s bid.

Any bid protest must be filed with the City Clerk not more than five calendar days following the bid opening, or 2 calendar days following notice that staff is recommending the rejection of a bid. If any such timely written protest is filed, all bidders shall be provided a copy of the protest within 2 calendar days of its receipt, which may be delivered to the bidders as an email attachment or by fax. All such bidders may file with the City Manager a written objection or other response to the protest.

All objections or responses filed not more than 5 days after receipt of the written protest will be presented to the City Council at its next regular meeting occurring not less than 12 calendar days following the bid opening. The City Council will resolve the bid protest at that meeting based on the written protest, any staff recommendation and all timely written objections and responses. In accordance with the Brown Act, any person may address the City Council on this item during the meeting. The City Council action on the protest shall represent a final decision by the City on the protest.

Examination of Site, Drawings, Etc.

A mandatory pre-bid conference will be held at 10 a.m., May 3, 2022. Due to project location, we will begin the meeting at the north parking lot of the Home Depot, located at 350 N Orchard Ave, Ukiah, CA 95482. From there, a caravan will take place to the project site, to fully acquaint interested Contractors with local conditions, construction and labor required so that he or she may fully understand the facilities, difficulties and restrictions attending the execution of the work under the Contract. Failure to attend the mandatory bid conference will be just cause for the bid to be rejected as non-responsive. Bidders shall thoroughly examine and be familiar with the Plans and Special Provisions.

Oral statements or instructions made during this visit will not constitute an amendment to this solicitation. The City will determine the appropriate action necessary, if any, and may issue a written amendment to the bid request.

FORD AND ORCHARD LIFT STATION REPLACEMENT 2 Spec. No. 22-02 Each bidder shall visit the site of the proposed work and fully acquaint himself with local conditions, construction and labor required so that he or she may fully understand the facilities, difficulties and restrictions attending the execution of the work under the Contract. Bidders shall thoroughly examine and be familiar with the Plans and Special Provisions. The failure of any bidder to receive or examine any form, instrument, addendum, or other document, or to visit the site and acquaint himself with conditions there existing, shall in no way relieve the bidder from any obligation with respect to his or her proposal or to the contract. The drawings for the work show conditions as they are supposed or believed by the Engineer to exist; but, it is neither intended nor shall it be inferred that the conditions as shown thereon constitute a representation by the Engineer, the City or its officers that such conditions are actually existent, nor shall the City, the Engineer or any of their officers or representatives be liable for any loss sustained by the Contractor as a result of a variance between the conditions shown on the drawings and the conditions actually revealed during the progress of the work or otherwise.

The bidder's attention is directed to the possible existence of obstructions and public improvements within the limits of the work or adjacent thereto, which may or may not be shown on the Drawings. Any bid shall take into consideration that conditions may exist underground or otherwise that are not known to the City or easily detected during a site inspection that could impact the time or cost of completing the project. The City expects the bids to anticipate such conditions so that it can know for budgeting and other purposes the total cost to complete the project before accepting a bid and undertaking the legal obligation to construct the project. In awarding the contract the City relies on the contractor’s representation that its bid anticipates differing site conditions and the additional time or cost that such conditions may necessitate.

The bidder shall investigate to his or her satisfaction the conditions to be encountered, the character, quality and quantities of work to be performed and materials to be furnished and the requirements of the Plans, Special Provisions, Standard Specifications, Standard Plans, and Contract Documents. The submission of a proposal shall be considered conclusive evidence that the bidder has made such examination and has accepted the project workplace as a safe workplace to perform the work of the Contract.

Bidder Inquiries and Questions
Inquiries and questions must be submitted in writing via fax or email to the following designated contact person:

Mary Horger, Procurement Manager
Fax: (707) 313-3621
Email: [email protected]
The City reserves the right to not respond to inquiries or questions submitted within 3 business days of the bid opening.

Location of the Work
All of the work to be performed is within the City of Ukiah. Project is located near the intersection of Ford Street and N Orchard Avenue. Refer to Appendix A.

FORD AND ORCHARD LIFT STATION REPLACEMENT 3 Spec. No. 22-02

GENERAL CONDITIONS
SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS 1-01. Definitions. Whenever any word or expression defined in this section, or pronoun used in its stead, occurs in these contract documents, it shall have and is mutually understood to have the meaning given:
a. "City of Ukiah" or "City" shall mean the City of Ukiah, Mendocino County, California, acting through its City Council or any other board, body, official or officials to which or to whom the power belonging to the Council shall by virtue of any act or acts, hereafter pass or be held to appertain. b. "Engineer" shall mean the Engineer duly and officially appointed by the City to supervise and direct the work of construction under this contract, acting personally or through agents or assistants duly authorized by him, such agents or assistants acting within the scope of the particular duties entrusted to them.
c. "Inspector" shall mean the engineering or technical inspector or inspectors duly authorized or appointed by the Engineer, limited to the particular duties entrusted to him or her or them. d. "Contractor" shall mean the party entering into contract with the City of Ukiah for the performance of work covered by this contract and his or her authorized agents or legal representatives. e. "Date of signing of contract" or words equivalent thereto, shall mean the date upon which this contract, with the signature of the Contractor affixed, together with the prescribed bonds, shall be or shall have been delivered to the City or its duly authorized representatives. f. "Day" or "days", unless herein otherwise expressly defined, shall mean a calendar day or days of twenty-four hours each.
g. "The work" shall mean and include all the work specified, indicated, shown or contemplated in the contract to construct the improvement, including all alterations, amendments or extensions thereto made by contract change order or other written orders of the Engineer. h. "Contract drawings", "drawings", "plans" shall mean and include 1) all drawings or plans which may have been prepared by or on behalf of the City, as a basis for proposals, when duly signed and made a part of this contract by incorporation or reference, 2) all drawings submitted in pursuance of the terms of this contract by the successful bidder with his or her proposal and by the Contractor to the City if and when approved by the Engineer and 3) all drawings submitted by the Engineer to the Contractor during the progress of the work as provided for herein. i. Where "as shown", "as indicated", "as detailed" or words of similar import are used, it shall be understood that reference to the drawings accompanying these Special Provisions is made unless stated otherwise.

Where "as directed", "as permitted", "approved" or words of similar import are used, it shall be understood that the direction, requirements, permission, approval or acceptance of the Engineer is intended unless stated otherwise.

As used herein, "provide" or "install" shall be understood to mean "provide or install complete in place", that is, "furnish and install". "Shall" is mandatory; "may" is permissive. 1-02. Examination of Plans, Special Provisions and Site of Work. The bidder shall examine carefully the Proposal, Plans, Special Provisions, Contract forms and the site of the work contemplated therefor. It will be assumed that the bidder has investigated to his or her satisfaction the conditions to be encountered and the character, quality and requirements of all Plans, Special Provisions, Standard Specifications, and Standard Plans involved.
1-03. Proposal. Bids shall be made on the blank forms prepared by the City. All bids shall give the prices bid, both in writing and in figures and shall be signed by the bidder or his or her authorized representative, with his or her address. If the bid is made by an individual or partner, his or her name and the post office address of his or her

FORD AND ORCHARD LIFT STATION REPLACEMENT 4 Spec. No. 22-02 business or partnership, along with his or her signature or the signature of one or more partners must be shown; if made by a corporation, the bid shall show the name of the state under the laws of which the corporation is chartered, the name of the corporation and the title of the person who signs on behalf of the corporation.

Each proposal shall be enclosed in a sealed envelope, endorsed as specified in the notice to bidders. Bidders are warned against making erasures or alterations of any kind and proposals which contain omissions, erasures, conditions, alterations, additions not called for, additional proposals or irregularities of any kind may be rejected. 1-04. Withdrawal of Bids. Any bid may be withdrawn at any time prior to the hour fixed in the notice to bidders for the openings of bids, provided that a request in writing, executed by the bidder or his or her duly authorized representative, for the withdrawal of such bid is filed with the City. The withdrawal of a bid will not prejudice the right of a bidder to file a new bid.
1-05. Public Opening of Bids. Bids will be opened and read publicly at the time and place indicated in the notice to bidders. Bidders or their agents are invited to be present. 1-06. Bid Guaranty. Each bid must be accompanied by a certified check, cashier's check or bidder's bond executed by an admitted surety insurer, payable to the order of the City of Ukiah in an amount not less than 10 percent of the bid as a guarantee that the bidder will enter into a contract, if awarded the work. 1-07. Qualification of Bidders. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. The prime contractor shall be responsible for posting job site notices as prescribed by regulation. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Each bidder shall be licensed under the provisions of Chapter 9, Division 3 of the Business and Professions Code and shall be skilled and regularly engaged in the general class or type of work called for under this contract. A statement setting forth this experience and business standing shall be submitted by each bidder on the form provided herewith. It is the intention of the City to award a contract only to a bidder who furnishes satisfactory evidence that he or she has the requisite experience and ability and that he or she has sufficient capital, facilities and equipment to enable him or her to prosecute the work successfully and promptly within the time and in the manner agreed.

In determining the degree of responsibility to be credited to a bidder, the City may weigh evidence that the bidder or his or her personnel charged with the responsibility in the work, has performed satisfactorily other contracts of like nature and magnitude or comparable difficulty at similar rates of progress. 1-08. Disqualification of Bidders. More than one bid from an individual business, partnership, corporation or association, under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is financially interested in more than one bid for the work will cause the rejection of all bids in which he or she is so interested. If there is reason to believe that collusion exists among the bidders, none of the participants in such collusion will be considered. Bids in which the prices obviously are unbalanced may be rejected. 1-09. Identification of Subcontractors. All bids shall comply with the Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100 and following) and shall set forth:
(a) The name and the location of the place of business of each subcontractor who will perform work or labor, or render service to the prime contractor in or about the construction of the work, or to a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work according to detailed drawings contained in the plans and Special Provisions, in an amount in excess of one-half of 1 percent of the prime contractor's total bid. (b) The portion of the work which will be done by each such subcontractor. The prime contractor shall list only one subcontractor for each such portion defined by the prime contractor in his or her bid.

FORD AND ORCHARD LIFT STATION REPLACEMENT 5 Spec. No. 22-02 1-10. General Provisions of the Standard Specifications. All provisions of the General Provisions, Sections 1 through 11, of the Standard Specifications, shall be applicable to the contract except as modified by these Special Provisions. The Standard Specifications are set forth in Section 12-06 of these Special Provisions. 1-11. Addenda. If it becomes necessary to revise any part of these plans and specifications after they have been released, the City will issue an addendum containing the revision. All addenda will be posted on the City’s website at www.cityofukiah.com/purchasing with the rest of the bid documents. Anyone who intends to submit a bid in response to this Request for Bid must check the website frequently for any posted addenda. Anyone submitting a bid will be deemed to have seen and agreed to be bound by the posted addenda.

SECTION 2. AWARD AND EXECUTION OF CONTRACT
2-01. Award of Contract. Award of the contract, if it be awarded, will be to the lowest responsible bidder whose bid complies with all the specified requirements. The award, if made, will be made within thirty (30) days after opening of the bids. The City reserves the right to reject any and all bids and to waive any irregularity in the proposal not pertaining to cost.
2-02. Return of Proposal Guaranties. All bid guaranties will be held until the contract has been fully executed, after which they will be returned upon request to the respective bidders whose bids they accompany. 2-03. Execution of Contract. The contract agreement shall be executed in duplicate by the successful bidder and returned, together with the contract bonds, insurance certificates and endorsements, within fifteen (15) days after written notice of the award of the contract. After execution by the City; one copy shall be filed with the City and one copy shall be returned to the Contractor. If the bidder fails or refuses to enter into the contract agreement within the required time, then the bid guaranty accompanying the bid shall be forfeited to the City.

SECTION 3. SCOPE AND INTENT OF CONTRACT
3-01. Effect of Inspection and Payments. Neither the inspection by the Engineer or an inspector, nor any order, measurement or approved modification, nor certificate or payment of money, nor acceptance of any part or whole of the work, nor any extension of time, nor any possession by the City or its agents, shall operate as a waiver of any provision of this contract or of any power reserved therein to the City, or of any right to damages thereunder; nor shall any breach of this contract be held to be a waiver of any subsequent breach. All remedies shall be construed as cumulative.
3-02. Effect of Extension of Time. The granting of any extension of time on account of delays which, in the judgement of the City, are avoidable delays shall in no way operate as a waiver on the part of the City of its rights under this contract.
3-03. Extra Work. If extra work orders are given in accordance with provisions of this contract, such work shall be considered a part hereof and shall be subject to each and all of its terms and requirements. 3-04. Assignment of Contract. The contract may be assigned or sublet in whole or in part only upon the written consent of the City acting through its authorized agents. Consent will not be given to any proposed assignment which would relieve the original contractor or its surety of their responsibilities under the contract nor will the Engineer consent to any assignment of a part of the work under the contract. 3-05. Subcontractors. The Contractor shall be as fully responsible for the acts and omissions of his or her subcontractors and of persons either directly or indirectly employed by them, as he or she is for the acts and omissions of persons directly employed by him.

The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the terms of this Contract which are applicable to the work of subcontractors.

Nothing contained in this contract shall be construed to create or shall be relied upon to create any contractual relationship between any subcontractor and the City and no action may be brought by any subcontractor against the City based on this contract.
3-06. Interpretation of Special Provisions and Drawings. The Special Provisions and the Contract Drawings are intended to be explanatory of each other. Any work indicated in the Contract Drawings and not in the Special

FORD AND ORCHARD LIFT STATION REPLACEMENT 6 Spec. No. 22-02 Provisions, or vice versa, is to be executed as if indicated in both. In case of a discrepancy or conflict between the Technical Specifications and Contract Plans, the Technical Specifications shall govern. All work shown on the Contract Drawings, the dimensions of which are not figured, shall be accurately followed to the scale to which the drawings are made, but figured dimensions are in all cases to be followed, where given, though they differ from scaled measurements. Large scale drawings shall be followed in preference to small scale drawings. Should it appear that the work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in these contract documents, including the contract drawings, the Contractor shall apply to the Engineer for such further explanations as may be necessary and shall conform thereto as part of this contract, so far as may be consistent with the terms of this contract. In the event of any doubt or questions arising respecting the true meaning of the Special Provisions, reference shall be made to the Engineer and his or her decision thereon shall be final. If the Contractor believes that a clarification or interpretation justifies an increase in the contract price or contract time, the Contractor must comply with the written notice provisions of Sections 9-05 and 10-07 of these Special Provisions. Contractor’s attention is directed to Section 12-06 of the Technical Specifications regarding the Standard Specifications and Standard Plans.
3-07. Addenda. If it becomes necessary to revise any part of these plans and specifications after they have been released, the City will issue an addendum containing the revision. All addenda will be posted on the City’s website at www.cityofukiah.com/purchasing with the rest of the bid documents. Anyone who intends to submit a bid in response to this Request for Bid must check the website frequently for any posted addenda. Anyone submitting a bid will be deemed to have seen and agreed to be bound by the posted addenda. 3-08. Liability of City Officials. No city official, nor the Engineer, nor any authorized assistant of any of them, shall be personally responsible for any liability arising under this contract. 3-09. Dispute Resolution. Claims of $375,000 or less by the Contractor that arise under this Contract are subject to the mandatory dispute resolutions provisions in Public Contract Code Sections 20104-20104.6.

SECTION 4. BONDS
4-01. Faithful Performance Bond. As a part of the execution of this contract, the Contractor shall furnish a bond of a surety company or other securities providing equivalent protection such as cash, letter of credit, or certificates of deposit, acceptable to the City, conditioned upon the faithful performance of all covenants and stipulations under this contract. The amount of the bond shall be 100 percent of the total contract price, as this sum is set forth in the agreement.
4-02. Material and Labor Bond. As a part of the execution of this contract, the Contractor shall furnish a bond of a surety company or other securities providing equivalent protection such as cash, letter of credit or certificates of deposit acceptable to the City in a sum not less than 50 percent of the total contract price, as this sum is set forth in the agreement for the payment in full of all persons, companies or corporations who perform labor upon or furnish materials to be used in the work under this contract, in accordance with the provisions of Sections 3247 through 3252 inclusive of the Civil Code of the State of California and any acts amendatory thereof. 4-03. Defective Material and Workmanship Bond. As a condition precedent to the completion of this contract, the Contractor shall furnish a bond of a surety company acceptable to the City in an amount not less than 5 percent (5%) of the final contract price, to hold good for a period of one (1) year after the completion and acceptance of the work, to protect the City against the results of defective materials, workmanship and equipment during that time.

This bond shall be delivered to the City before the final payment under this contract will be made. 4-04. Notification of Surety Companies. The surety companies shall familiarize themselves with all of the conditions and provisions of this contract and they waive the right of special notification of any change or modification of this contract or of extension of time, or decreased or increased work, or of the cancellation of the contract, or of any other act or acts by the City or its authorized agents, under the terms of this contract; and failure to so notify the aforesaid surety companies of changes shall in no way relieve the surety companies of their obligation under this contract.

FORD AND ORCHARD LIFT STATION REPLACEMENT 7 Spec. No. 22-02 SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS
(WITH CONSTRUCTION RISKS)
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. 5-01. Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. Insurance Services Office Commercial Liability Coverage (occurrence form CG 0001).

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

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

4. Course of Construction insurance covering for “all risks” of loss. 5-02. Minimum Limits of Insurance
Contractor shall maintain limits no less than:

1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

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

3. Employer's Liability: $1,000,000 per accident for bodily injury and property damage.

4. Course of Construction: Completed value of the project with no co-insurance penalty provisions. 5-03. Deductibles and Self-insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
5-04. Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees and volunteers are to be covered as Additional Insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations.

General liability coverage can be provided in the form of an endorsement to the Contractor's insurance, or as a separate owner's policy.

2. The workers’ compensation policy is to be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers, officials,

FORD AND ORCHARD LIFT STATION REPLACEMENT 8 Spec. No. 22-02 employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City.

3. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees or volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.

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

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

6. Course of Construction policies shall contain the following provisions:
a.) The City shall be named as loss payee.
b.) The insurer shall waive all rights of subrogation against the City. 5-05. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than the following:

A++ VII A- VIII
A+ VII B++ X
A VII B+ X
5-06. Verification of Coverage. Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements shall be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received within 15 days from written notice of contract award, and the work shall not commence until the certificates and endorsements have been approved by the City. The City reserves the right to require complete certified copies of all required insurance policies, including endorsements affecting the coverage required by these Special Provisions at any time. 5-07. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR
6-01. Legal Address of Contractor. Both the address given in the proposal and the Contractor's office in the vicinity of the work are hereby designated as places to either of which drawings, samples, notices, letters or other articles or communications to the Contractor may be mailed or delivered. The delivery at either of these places of any such thing from the City or its agents to the Contractor shall be deemed sufficient service thereof upon the Contractor and the date of such service shall be the date of such delivery. The address named in the proposal may be changed at any time by notice in writing from the Contractor to the City. Nothing herein contained shall be deemed to preclude or render inoperative the service of any drawing, sample, notice, letter or other article or communication to or upon the Contractor personally.
6-02. Office of Contractor at Site. During the performance of this contract, the Contractor shall maintain a suitable office at the site of the work which shall be the headquarters of a representative authorized to receive drawings and any such thing given to the said representatives or delivered at the Contractor's office at the site of work in his or her absence shall be deemed to have been given to the Contractor. 6-03. Attention to Work. The Contractor shall give his or her personal attention to and shall supervise the work to the end that it shall be prosecuted faithfully and when he or she is not personally present on the work, he or she

FORD AND ORCHARD LIFT STATION REPLACEMENT 9 Spec. No. 22-02 shall at all reasonable times be represented by a competent superintendent or foreman who shall receive and obey all instructions or orders given under this contract and who shall have full authority to execute the same and to supply materials, tools and labor without delay and who shall be the legal representative of the Contractor. The Contractor shall be liable for the faithful observance of any instructions delivered to him or her or to his or her authorized representative.
6-04. Liability of Contractor. The Contractor shall do all of the work and furnish all labor, materials, tools and appliances, except as otherwise herein expressly stipulated, necessary or proper for performing and completing the work herein required in the manner and within the time herein specified. The mention of any specific duty or liability imposed upon the Contractor shall not be construed as a limitation or restriction of any general liability or duty imposed upon the Contractor by this contract, said reference to any specific duty or liability being made herein merely for the purpose of explanation.

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

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

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

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

The City shall have the right to estimate the amount of such damage and to cause the City to pay the same and the amount so paid for such damage shall be deducted from the money due the Contractor under this contract; or the whole or so much of the money due or to become due the Contractor under this contract as may be considered necessary by the City, shall be retained by the City until such suits or claims for damages shall have been settled or otherwise disposed of and satisfactory evidence to that effect furnished to the City. 6-05. Protection of Persons and Property. The Contractor shall furnish such watchman, guards, fences, warning signs, walks and lights as shall be necessary and shall take all other necessary precautions to prevent damage or injury to persons or property.

All property line fences and improvements in the vicinity of the work shall be protected by the Contractor and, if they are injured or destroyed, they and any other property injured by the Contractor, his or her employees or agents, shall be restored to a condition as good as when he or she entered upon the work. 6-06. Protection of City Against Patent Claims. All fees, royalties or claims for any patented invention, article or method that may be used upon or in any manner connected with the work under this contract shall be included in the price bid for the work and the Contractor and his or her sureties shall protect and hold the City, together with all of its officers, agents, servants and employees, harmless against any and all demands made for such fees or