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://us06web.zoom.us/j/97199426600 Or you can call in using your telephone only:
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• Enter the Access Code: 971 9942 6600
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• To Speak after being recognized: enter *6 to unmute yourself Alternatively, you may view the meeting (without participating) by clicking on the name of the meeting at www.cityofukiah.com/meetings.
February 21, 2024 - 6:00 PM
1. ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. AB 2449 NOTIFICATIONS AND CONSIDERATIONS
4. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
4.a. Proclamation of the Ukiah City Council Recognizing March as Women’s History Month.
Recommended Action: Issue a Proclamation of the Ukiah City Council recognizing March as Women's History Month.
Attachments:
1. Proclamation
2. Flyer - Womens History Gala Celebration
4.b. 2023/2024 Ukiah On Ice Presentation.
Recommended Action: Receive Report
Attachments:
1. Attachment 1 - Ukiah On Ice sponsors
5. PETITIONS AND COMMUNICATIONS
6. APPROVAL OF MINUTES
6.a. Approval of the Minutes for the February 7, 2024, Special Meeting.
Recommended Action: Approve the Minutes for the February 7, 2024, Special Meeting.
Attachments:
1. 2024-02-07 Draft Minutes - Special Meeting
6.b. Approval of the Minutes for the February 7, 2024, Regular Meeting.
Recommended Action: Approve the Minutes for the February 7, 2024, Regular Meeting.
Attachments:
1. 2024-02-07 Draft Minutes - Regular Meeting
7. 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.
8. 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.
8.a. Report of Disbursements for the Month of November 2023.
Recommended Action: Approve the report of disbursements for the month of November 2023.
Attachments:
1. November 2023 Summary of Disbursements
2. Account Codes for Reference
3. Object Codes for Reference
4. November 2023 Disbursement Detail
8.b. Consideration of the Approval of a Change Order in the Amount of $13,567.14 for the Yardney Filters Replacement Project from Durham Pump & Irrigation at the Wastewater Treatment Plant.
Recommended Action: Approve a change order in the amount of $13,567.14 for the Yardney Filters Replacement Project from Durham Pump & Irrigation.
Attachments:
1. Staff Report from June 7, 2023
2. Durham Pump & Irrigation Sales Order
8.c. Possible Adoption of Ordinance Imposing Possible Civil Penalties for Failure to Abate Public Nuisances on Residential Property.
Recommended Action: Adopt the Ordinance Imposing Possible Civil Penalties for Failure to Abate Public Nuisances on Residential Property.
Attachments:
1. Residential Public Nuisance Civil Penalties Ordinance
8.d. Possible Adoption of an Ordinance Amending Division 9, Chapter 1 of the Ukiah City Code Article 17.1 (Lot Line Adjustments) and Article 17.2 (Parcel Mergers).
Recommended Action: Adopt an ordinance amending Division 9, Chapter 1 of the Ukiah City Code Article 17.1 (Lot Line Adjustments) and Article 17.2 (Parcel Mergers).
Attachments:
1. Lot Line Adjustment & Merger - Redlined Regulations
2. Lot Line Adjustment & Merger - Ordinance
8.e. Possible Adoption of Resolution Authorizing the Submittal of an Application to the California Department of Housing and Community Development for Funding under Round 2 of the
Prohousing Incentive Pilot Program; and if Selected, Authorize the City Manager to Execute a Standard Agreement, Any Amendments Thereto, and of Any Related Documents Necessary to Participate in the Prohousing Incentive Pilot Program, as well as Authorization of the Corresponding Budget Amendments.
Recommended Action: Adopt resolution authorizing submittal of an application from the City of Ukiah to HCD for $530,000 in funding under Round 2 of the Prohousing Incentive Pilot Program; and if the City is selected for award, authorize the City Manager to execute the standard agreement, any amendments thereto, and any related documents necessary; and authorize any corresponding budget amendments.
Attachments:
1. pip-nofa-2-guidelines
2. pip-nofa-2-app
3. PIP - Proposed Resolution
4. 2017_Housing_Strategy
8.f. Consideration of an Amendment to Contract for Medical Control Oversight with Dr. Brandon Begley, Increasing the Annual Compensation to $52,000.00 for the Third Year of the Contract.
Recommended Action: Approve amendment to contract for Medical Control Oversight with Dr.
Brandon Begley, increasing the annual compensation to $52,000.00 for the third year of the contract.
Attachments:
1. ASR - Item 7e 3-17-21
2. Contract 2021-181
3. Amendment 1 - Draft
8.g. Authorize City Manager or Designee to Accept Chapter 11 Bankruptcy Plan for Claims Related to Opioid Settlement Funds Allocated to the City of Ukiah.
Recommended Action: Authorize the City Manager or designee to accept Chapter 11 Bankruptcy Plan as holder of Local Government Opioid Claim against Endo International, a defendant in the National Opioid Settlement.
Attachments:
1. Official Committee of Opioid Claimants Letter
8.h. Notification to City Council of Purchase of Equipment from Stryker Corp. in the Amount of $83,293.42 for the Ukiah Valley Fire Authority.
Recommended Action: Receive notification of equipment purchase from Styker Corporation.
Attachments:
1. 00048529
2. Q10842885 for PO 48529
3. 00048530
4. Q10842897 for PO 48530
8.i. Approval of Notice of Completion of the Grace Hudson Museum Roof Replacement Project, Specification 23-05.
Recommended Action: Approve the Notice of Completion of the Grace Hudson Museum Roof Replacement Project, Specification 23-05.
Attachments:
1. Awarding ASR
2. Spec 23-05 - Grace Hudson Museum Roof Replacement Negotiated Contract
3. San Francisco Roofing Bid
4. Change Order 1 - Spec 23-05 - fully executed (1)
5. Notice of Completion
9. 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 that is within the subject matter jurisdiction of the City Council, 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.
10. COUNCIL REPORTS
11. CITY MANAGER/CITY CLERK REPORTS
12. PUBLIC HEARINGS (6:15 PM)
12.a. Consideration and Possible Adoption of a Resolution Amending the Fee Schedule for the Planning and Building Divisions of the Community Development Department.
Recommended Action: Adopt Resolution amending the Fee Schedule for the Planning and Building Divisions of the Community Development Department.
Attachments:
1. 2023 Fee Comparisons with other Jurisdictions
2. Cost of Services Analysis Planning Building 2024
3. Planning-Services-Fees-2023_Final
4. 2024 Resolution Planning and Building Fees
13. UNFINISHED BUSINESS
13.a. Possible Approval of Joint Exercise of Powers Agreement for the Ukiah Valley Water Authority and if Approved Appoint Two Representatives to the Ukiah Valley Water Authority.
Recommended Action: Approve the Joint Exercise of Powers Agreement for the Ukiah Valley Water Authority and authorize the City Manager to execute the agreement on behalf of the City, and to make any modifications that do not make material, substantive changes to the agreement, including approval of Exhibits A-C thereto, and if approved appoint two representatives to the Ukiah Valley Water Authority.
Attachments:
1. UVWA.JPA.Final 02142024
13.b. Possible Adoption of Resolution Making Findings of Fact Regarding the Need for Additions and Amendments to the California Fire Code, Including the National Fire Protection Association (NFPA) 1 Chapter 38 Due to Local Conditions; and Consideration and Possible Introduction of an Ordinance by Title Only to Adopt the Amended 2022 California Fire Code.
Recommended Action: Adopt resolution making Findings of Fact regarding the need for additions and amendments to the California Fire Code, including the National Fire Protection Association (NFPA) 1 Chapter 38 due to local conditions; and introduce an Ordinance by title only to adopt the amended 2022 California Fire Code.
Attachments:
1. 13a Proposed Resolution
2. Proposed 2022 Fire Code Ordinance - Redline
3. Proposed 2022 Fire Code Ordinance - Clean
13.c. Annual Report on Climate Initiatives.
Recommended Action: Receive the report on Climate Initiatives.
Attachments:
1. CC Reso 2022-44 - Endorsing Climate Emergency Action
2. Climate Emergency Action_2023 action items
14. NEW BUSINESS
14.a. Discuss and Provide Direction for the Establishment of an Oversight Committee, with Possible Appointments, to Review Measure P Expenditures for Fiscal Years 2021 and 2022 per Resolution 2014-28 as well as Fiscal Years 2023 and 2024.
Recommended Action: Approve the establishment of an Oversight Committee to review Measure P expenditures for the fiscal years 2021 and 2022, as well as 2023 and 2024; and appoint Max Brazill representing the Ukiah Police Department; Tony Selvitella representing the Ukiah Valley Fire Authority; and three community members as persons representing members at large to the Measure P Oversight Committee.
Attachments:
1. Resolution 2014-28
14.b. Review and Update, if Warranted, the Ukiah City Council Strategic Plan.
Recommended Action: Review the Ukiah City Council Strategic Plan and provide direction as may be warranted to update the document.
Attachments:
1. Draft City Council Strategic Plan 24
14.c. Receive Updates on City Council Committee and Ad Hoc Assignments, and, if Necessary, Consider Modifications to Assignments and/or the Creation/Elimination of Ad Hoc(s); and Committee Appointments to serve on the Community Health Needs Assessment (CHNA) Steering Committee with Adventist Health.
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. 2024 City Council Special Assignments and Ad Hocs
15. CLOSED SESSION - CLOSED SESSION MAY BE HELD AT ANY TIME DURING THE MEETING
15.a. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(2))
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (1 case)
15.b. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(4))
Initiation of litigation (2 cases)
15.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
15.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
15.e. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9)
Name of case: Ukiah v. Questex, Mendocino County Superior Court Case No. 15-66036
15.f. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9)
Name of case: Jane Doe v. City of Ukiah et al., U.S.D.C. (Eureka Division) Case No. 123-cv009808.
15.g. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(1)(d))
Name of case: Plaintiff v. City of Ukiah et al., Mendocino County Superior Court Case No. 22CV01113
15.h. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 184-080-37;184-080-36; 184-090-01; 184-090-07; 184-090-06; 184-100-04 Negotiator: Sage Sangiacomo, City Manager
Negotiating Parties: Henry's Original
Under Negotiation: Price & Terms of Payment
15.i. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 180-110-07
Negotiator: Shannon Riley, Deputy City Manager
Negotiating Parties: GMB Realty Partners, Inc.
Under Negotiation: Price & Terms of Payment
15.j. Public Employee Appointment
(Government Code Section 54957)
Title: (City Appointment to City Civil Service Commission)
15.k. Conference with Labor Negotiator (54957.6)
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: All Bargaining Units
16. 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. Any handouts or presentation materials from the public must be submitted to the clerk 48 hours in advance of the meeting; for handouts, please include 10 copies.
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, CMC/CPMC
Dated: 2/15/24
Agenda Item No: 4.a.
MEETING DATE/TIME: 2/21/2024
ITEM NO: 2024-1516
AGENDA SUMMARY REPORT
SUBJECT: Proclamation of the Ukiah City Council Recognizing March as Women’s History Month.
DEPARTMENT: City Manager /
Admin PREPARED BY: Kristine Lawler, City Clerk
PRESENTER: Susan Sher, Councilmember
ATTACHMENTS:
1. Proclamation
2. Flyer - Womens History Gala Celebration
Summary: Council to issue a proclamation recognizing March as Women's History Month.
Background: The City celebrates and honors women and their contribution to our community annually during the month of March. In March of 1983, the first Women's History Gala Celebration in Mendocino County was held at Anderson Valley High School. Thereafter, each year (with the exception of 2021 due to COVID-19) the event has been held in the City of Ukiah, with the March 3rd celebration marking its 40th anniversary.
Discussion: At the February 21, 2024, Regular Meeting, the City Council will issue a Proclamation (Attachment 1) recognizing March as Women's History Month. In addition to the proclamation, the Mendocino Women's Political Coalition (MWPC) and the Ukiah chapter of the American Association of University Women (AAUW) will present the 40th Annual Women's History Gala Celebration scheduled to take place at the SPACE Theater on March 3, 2024, at 12:00 p.m (Attachment 2).
Recommended Action: Issue a Proclamation of the Ukiah City Council recognizing March as Women's History Month.
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: Councilmember Sher
DIVERSITY-EQUITY INITIATIVES (DEI): Goal 4 – Identify and actively engage underrepresented communities in which to retain, expand, develop, and implement programs.
CLIMATE INITIATIVES (CI):
GENERAL PLAN ELEMENTS (GP):
March 2024 as “Women’s History Month” and the 40th Annual Women’s History Gala Celebration in the City of Ukiah
Whereas, Women’s History Month began as a local celebration in Santa Rosa, California when in 1978, the Education Task Force of the Sonoma County Commission on the Status of Women planned and executed a “Women’s History Week” celebration.
The organizers selected the week of March 8 to correspond with International Women’s Day. The movement spread across the country as other communities initiated their own Women’s History Week celebrations the following year; and Whereas, in 1980, a consortium of women’s groups and historians—led by the National Women’s History Project (now the National Women's History Alliance)— successfully lobbied for national recognition. In February 1980, President Jimmy Carter issued the first Presidential Proclamation declaring the Week of March 8, 1980, as National Women’s History Week; and
Whereas, in March 1983 the first Women’s History Gala Celebration in Mendocino County was held at Anderson Valley High School. Thereafter, each year (with the exception of 2021 due to COVID-19), it has been held in the City of Ukiah; and Whereas, on March 3, 2024, the Mendocino Women’s Political Coalition (MWPC) and the Ukiah chapter of the American Association of University Women (AAUW) will present the annual Mendocino County Women’s History Gala Celebration marking its 40th anniversary; and
Whereas, these aforementioned women’s organizations continue to work to increase and acknowledge the roles of women at all levels of community and public service, and to become knowledgeable about issues that affect their equality and to foster networks that extend and expand the creative, social and political strength of women; and Whereas, promoting and celebrating the equality and achievements of all women continue to be at the core of this 2024 celebration of Women’s History, and the tradition of the annual Women’s History Gala Celebration is to recognize and honor particular local women who exemplify each year’s designated theme for contributions in their communities through their fields of work; and
Whereas, at this year’s Women’s History Gala Celebration, women will be honored who embody this year’s theme, “Women Who Advocate for Equity, Diversity and Inclusion.” The theme recognizes women throughout the country who understand that, for a positive future, we need to eliminate bias and discrimination entirely from our lives and institutions.
Therefore be it resolved, that the City Council of the City of Ukiah hereby joins other communities in the nation in proclaiming the month of March to be Women’s History Month and recognizes and celebrates the:
40th Anniversary of the Women’s History Gala Celebration on March 3, 2024.
Signed and sealed, this 21st day of February
in the year Two Thousand and Twenty-Four.
____________________________
Josefina Dueñas, Mayor
ATTACHMENT 1
ATTACHMENT 2
Agenda Item No: 4.b.
MEETING DATE/TIME: 2/21/2024
ITEM NO: 2024-1529
AGENDA SUMMARY REPORT
SUBJECT: 2023/2024 Ukiah On Ice Presentation.
DEPARTMENT: Community Services PREPARED BY: Jake Burgess, Community Services Supervisor PRESENTER: Jake Burgess, Community Services Supervisor.
ATTACHMENTS:
1. Attachment 1 - Ukiah On Ice sponsors
Summary: The Ukiah On Ice downtown skating rink was overwhelmingly popular with the community this season and was supported by numerous local sponsors. The Council will receive a presentation showing a video recapping the Ukiah On Ice season and gratitude will be given to the sponsors.
Background: The City of Ukiah has previously partnered with local businesses and organizations to bring a seasonal ice skating rink to downtown Ukiah. The City rented the rink for the 2016 - 2019 seasons from an outside agency, and did not host the skating rink in 2020 due to the COVID pandemic. On September 1, 2021, the City Council approved the purchase of a seasonal ice rink which included skates, glycol tubes/ piping, glycol, clear dasherboards, skate sharpener, Ice Wizard resurfacing machine, gas powered edger, and rubber mats. The 120-ton chiller and 40' x 120' tent remained rental items as they entail complicated installations and would require inordinate amounts of storage space and need specialized maintenance.
The rink was again located on School Street in front of Alex Thomas Plaza. The rink was forty feet wide and one hundred feet long (40' x 100'), which is the maximum size based on the parameters of the location on School Street. The site is ideal for its proximity to electrical access, restrooms, parking and the covered pavilion. Another benefit to the location is that the activity at the rink brings thousands of people to the downtown area, where they have access to local shops and restaurants during the prime holiday shopping season.
Discussion: The Ukiah On Ice downtown skating rink was open daily, including holidays, for six weeks, and hosted school field trips along with private parties throughout the majority of the operation. Skating (including ice skate rental) was $12 per person per session for regular public skating hours and $10 per session for field trips or large groups. Opening night was Saturday, December 2nd and was coordinated with the Light Parade and Home Town Holiday festivities at the Plaza.
The community response to the ice rink was overwhelming, drawing people from all around Mendocino County, Lake County, and Sonoma County. The excitement and energy focused around the rink was palpable and resulted in a significant number of visitors to the downtown area. The rink was especially popular on the weekends, with significant numbers of skaters and families enjoying the activity.
The ice rink hosted a multitude of special events including birthday parties, theme nights, company events, and school fundraisers. These events served to create special memories for those who attended, and the unique setting of a downtown ice skating rink during the holiday season was a ready-made photo opportunity for families and friends.
2023/24 Ukiah on Ice:
- Attracted over 10,000 skaters of all ages to the downtown shopping district - Welcomed 41 field trips with over 2,000 students and 100 chaperones - Booked 13 private parties
- Held 9 fundraisers including school PTO nights, 4H and Mendocino Ballet - Hosted 8 special events including theme nights, discount days and community events - Employed 40 young adults throughout the season
- Was supported by 26 sponsors
- Received widespread exposure on social media: Facebook, ‘Ukiah on Ice’ posts reached an impressive 106,862 people, and 1422 interactions and 264 comments/ shares. Instagram posts and stories reached 8,449 separate users and elicited 680 responses (Likes, Comments) City Staff would like to extend their appreciation to the City Council for their support and to everyone who participated in Ukiah On Ice, from the skaters to the behind-the-scenes-staff. In particular, City Staff would like to recognize the generous community sponsors (listed in Attachment 1) who supported this event and ultimately made it possible, with many going above and beyond for this community event. For their contributions, we will be sending them Certificates of Recognition signed by the Mayor.
Purchasing the seasonal ice rink entailed an interfund loan. At the end of this season, although there are a few budgetary numbers to firm up, we plan to make an estimated transfer of $7,499.
UKIAH ON ICE BUDGET
Revenue FY 24
Ticket sales/ Concessions/ Trips/ Parties $ 114,987.00
Ticket Donations (UUSD, NCO, COU) $ 6,720.00
Sponsors $ 50,750.00
Total $ 172,457.00
Expenses
Chiller $ 26,547.00
Tent $ 13,980.00
Interdepartmental Construction Help (OT) $ 2,573.00
Sand box Sponsor Donation
Fencing Sponsor Donation
Building Permit $ 224.00
Utilities $ 8,446.00
Staff for ice rink (PT) $ 78,123.00
Supplies $ 28,300.00
Allocations (Insurance, Admin, Purchasing) $ 6,765.00
Total $ 164,958.00
Rev minus Expenses $ 7,499.00
Interfund Loan Repayment $ 7,499.00
Recommended Action: Receive Report
BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: General Fund
PREVIOUS CONTRACT/PURCHASE ORDER NO.: PO# 47462
COORDINATED WITH: Neil Davis, Community Services Director DIVERSITY-EQUITY INITIATIVES (DEI): Goal 4 – Identify and actively engage underrepresented communities in which to retain, expand, develop, and implement programs.
CLIMATE INITIATIVES (CI):
GENERAL PLAN ELEMENTS (GP): GP-A2 - Economic Development Element
Partner
Greater Ukiah Business and Tourism Alliance
Platinum
Ghilotti Construction Company
Granite Construction
JD General Engineering Construction
KWINE and MAX FM
PG&E
Gold
Arrow Fencing
Family Tree Service Inc.
Friedman's Home Improvement
Mendocino Forest Products
Super 8/ Wingstop/ Motel 6
WIPF Construction
Silver
AC&R Service Heating & Cooling
Acevedo's Ukiah Truck Repair
Action Rents
City of Ukiah Electric Department
Cupples & Sons Construction Inc.
Defatte Equipment
MCHC Health Centers
Vocality Community Credit Union
WOW! Smiles
Bronze
Bonterra Organic Estates
George Petersen & Associates
Savings Bank of Mendocino County
Ukiah Waste Solutions
2023/24 Ukiah On Ice Sponsors
Attachment 1
AGENDA ITEM 6a
CITY OF UKIAH
CITY COUNCIL MINUTES
Special Meeting
Virtual Meeting Link: https://us06web.zoom.us/j/97199426600 Ukiah, CA 95482
February 7, 2024
4:30 p.m.
1. ROLL CALL AND PLEDGE OF ALLEGIANCE
Ukiah City Council met at a Special Meeting on February 7, 2024, having been legally noticed on February 2, 2024. The meeting was held in person and virtually at the following link:
https://us06web.zoom.us/j/97199426600. Mayor Dueñas called the meeting to order at 4:35 p.m.
Roll was taken with the following Councilmembers Present: Mari Rodin, Juan V. Orozco, Susan Sher, Douglas, F. Crane, and Josefina Dueňas. Staff Present: Shannon Riley, Deputy City Manager; David Rapport, City Attorney (arriving at 5:06 p.m.); and Kristine Lawler, City Clerk.
MAYOR DUEŇAS PRESIDING.
The Pledge of Allegiance was led by Vice Mayor Crane.
2. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
Clerk noted that no public was present.
3. BUDGET WORKSHOP
a. Presentation of City's Audited Annual Comprehensive Financial Report (ACFR) and Audit Reports for the Year Ended June 30, 2023.
Presenter: Dan Buffalo, Finance Director.
Report was received.
b. Receive and File Second Quarter Financial Report.
Presenter: Dan Buffalo, Finance Director.
Report was received.
c. Review and Update, if Warranted, the Ukiah City Council Strategic Plan.
Council Consensus to direct Staff to agendize this item for a different meeting due to time constraints.
4. ADJOURNMENT
There being no further business, the meeting adjourned at 5:39 p.m. ________________________________
Kristine Lawler, CMC/CPMC
AGENDA ITEM 6b
CITY OF UKIAH
CITY COUNCIL MINUTES
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue, Ukiah, CA 95482
Virtual Meeting Link: https://us06web.zoom.us/j/97199426600 Ukiah, CA 95482
February 7, 2024
6:00 p.m.
1. ROLL CALL
Ukiah City Council met at a Regular Meeting on February 7, 2024, having been legally noticed on February 2, 2024. The meeting was held in person and virtually at the following link:
https://us06web.zoom.us/j/97199426600. Mayor Dueñas called the meeting to order at 6:01 p.m.
Roll was taken with the following Councilmembers Present: Mari Rodin, Juan V. Orozco, Susan Sher, Douglas, F. Crane, and Josefina Dueňas. Staff Present: Shannon Riley, Deputy City Manager; David Rapport, City Attorney; and Kristine Lawler, City Clerk.
MAYOR DUEÑAS PRESIDING.
2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Sher.
3. AB 2449 NOTIFICATIONS AND CONSIDERATIONS
4. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a. Receive Presentation of Exceptional Employee Recognition Awards.
Presenters: Shannon Riley, Deputy City Manager; Cedric Crook, Police Chief; Neil Davis, Community Services Director; Craig Schlatter, Community Development Director; and Mayor Dueñas.
Officer Daniel Parker, Ukiah PD: On 12/21/23, Ukiah PD received a "be-on-the-lookout" (BOLO) from Pacifica PD regarding a murder suspect, including details from the FLOCK camera system, having spotted the vehicle in Blue Lakes. Officer Parker, hearing the alert on the Sheriff’s channel and knowing that time was of the essence, took immediate action on Hwy. 101, spotting a matching vehicle two cars behind him. He informed Dispatch, confirmed the suspect's identity, and, with CHP's assistance, executed a traffic stop near Perkins Street exit. Officer Parker's commendable initiative and keen observation skills contributed to the successful interception. Throughout the incident, he maintained composure, communicated effectively, and directed traffic. Post-incident evaluation highlighted Officer Parker's tactical prowess, exemplifying the Department’s values of Safety, Professionalism, and Community Service.
Alyssa Boge, Museum Curator of Education and Exhibits, Grace Hudson Museum:
Alyssa joined the Museum in 2020 and worked with reduced staffing all through the pandemic. As we emerged from the pandemic, Alyssa was quick to take on additional work helping the Recreation and Parks teams set up and open a new Interpretive Center at Observatory Park. With the support of Museum Director David Burton, Alyssa interviewed local subject matter experts and did online research to develop the material that would be presented at the Interpretive Center. She then developed an exhibit and curricula for the
City Council Minutes for February 7, 2022, Continued:
Center. With the plan in place, she then solicited help from Parks, Recreation, and Facilities team members to clean and prepare the site, create exhibits, and coordinate the grand opening of the Center. Following the Grand Opening, Alyssa immediately set about developing a volunteer docent program to allow for public access to the Center.
Isabelle Grieve, Community Development Technician II, Community Development Department: Isabelle joined the City approximately two years ago as a “counter tech." Isabelle’s friendly and courteous demeanor and knowledgeable and accurate permitting guidance quickly earned her appreciation among the builder community. Through sustained commitment to this level of service, she single-handedly achieved the goal of outstanding customer service. Examples of this commitment are Isabelle’s issuing of an ADU building permit in one business day and the issuance of a building permit for Acorn Valley Apartments in two months. Both of these are processing records that qualified the City to earn its ProHousing Designation. Isabelle has become indispensable to the Community Development Department and the glue that holds the team together. Recently, Isabelle completed the renewal of 350 business licenses in one week. She frequently cheers on fellow team members through thoughtful and creative gifts, the funny skeletons around the office, and her positive, proactive, solution-oriented, and helpful attitude. b. Proclamation Recognizing February as Black History Month in the City of Ukiah.
Presenter: Councilmember Orozco.
Proclamation was received by Troyle Tognoli, Diversity and Equity Committee Member
5. PETITIONS AND COMMUNICATIONS
City Clerk, Kristine Lawler, stated that all communications had been distributed.
6. APPROVAL OF MINUTES
a. Approval of the Minutes for the January 17, 2024, Special Meeting. b. Approval of the Minutes for the January 17, 2024, Regular Meeting.
Motion/Second: Rodin/Sher to approve the Special and Regular Meeting Minutes of January 17, 2024, as submitted. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT: None. ABSTAIN: None.
7. RIGHT TO APPEAL DECISION
8. CONSENT CALENDAR
a. Possible Approval of the 2024 Public Spaces Commission Community Outreach Plan and Schedule – Community Services.
b. Possible Adoption of a Resolution (2023-42-Amended) to Rescind and Replace Resolution 2023-42, Approving an Application to LAFCo for Western Hills Property, to Incorporate Exhibits A & B - Administration.
c. Consideration of Approval of the Renewal of ESRI Geographical Information System (GIS) Software Licensing Agreement (2324-155) for a Term of Three Years in the Amount of $85,200.00 – Public Works.
d. Consideration of an Award for a Three-Year Contract (2324-156) for Electric Utility Line Tree Trimming throughout the City of Ukiah's Electric Utility System to Sierra Tree Company, Inc. – Electric Utility - Pulled by Councilmember Sher and placed as Agenda Item 14e.
City Council Minutes for February 7, 2022, Continued:
e. Consideration of Approval for a Partial Release of Retention for Specification No. 21-06 - Runway 15-33 Pavement Rehabilitation Phase 2, to Royal Electric - Airport.
Motion/Second: Crane/Rodin to approve Consent Calendar Items 7a-c, and 7e, as submitted.
Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas.
NOES: None. ABSENT: None. ABSTAIN: None.
Council Consensus to hear agenda item 14e out of order.
14. NEW BUSINESS
e. Consideration of an Award for a Three-Year Contract for Electric Utility Line Tree Trimming throughout the City of Ukiah's Electric Utility System to Sierra Tree Company, Inc. – from Consent Calendar Agenda Item 8d.
Presenters: Mary Horger, Financial Services Manager and Sonu Upadhyay, Senior Power Engineer.
Public Comment: K. C. Johnson.
Motion/Second: Rodin/Crane to award a three-year contract (2324-156) for Electric Utility line tree trimming throughout the City of Ukiah's Electric Utility system to Sierra Tree Company, Inc. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES:
None. ABSENT: None. ABSTAIN: None.
9. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
Public Comment: Catherine Anello – abandoned needles found on property.
10. COUNCIL REPORTS
Presenters: Vice Mayor Crane; Councilmembers Rodin, Orozco, and Sher; and Mayor Duenas.
11. CITY MANAGER/CITY CLERK REPORTS
Presenters: Shannon Riley, Deputy City Manager; and
Report on Grasshopper Bike Event – Neil Davis, Community Services Director. Construction Update – Tim Eriksen, Public Works Director/City Engineer. Palace Hotel Update – Shannon Riley, Deputy City Manager. 2024 Winter Storm Response and Status – Traci Boyl, Senior Management Analyst.
Public Comment: Dennis Crean.
12. PUBLIC HEARINGS (6:15 PM)
a. Conduct a Public Hearing to Solicit Public Comment Regarding the Intent to Apply for United States Department of Agriculture (USDA) Funding in the Amount of $220,000 for the Purchase of a New Wheel Loader.
Presenters: Tim Eriksen, Public Works Director/City Engineer and Andrea Trincado, Grants Manager.
PUBLIC HEARING OPENED AT 7:40 P.M.
Public Comment: Xochilt De Morales Martinez.
PUBLIC HEARING CLOSED AT 7:40 P.M.
City Council Minutes for February 7, 2022, Continued:
Motion/Second: Crane/Rodin to authorize Staff to submit the application to the USDA Community Facilities Disaster Repair Program Calendar Year 2022 grant funding to purchase a new wheel loader. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT: None. ABSTAIN: None.
13. UNFINISHED BUSINESS
a. Review and Possible Adoption of the Western Hills Watershed Protection Area Management Plan.
Presenter: Neil Davis, Community Services Director.
Public Comment: Xochilt De Morales Martinez.
Motion/Second: Rodin/Sher to adopt the Western Hills Watershed Protection Area Management Plan. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas.
NOES: None. ABSENT: None. ABSTAIN: None.
b. Possible Adoption of an Ordinance Amending Section 62 of Division 1, Chapter 2, Article 2 of the Ukiah City Code, Pertaining to Compensation of the Mayor and City Councilmembers.
Presenters: Kristine Lawler, City Clerk and Darcy Vaughn, Assistant City Attorney.
Motion/Second: Crane/Sher to adopt the Ordinance amending Section 62 of the Ukiah City Code, pertaining to compensation of the Mayor and City Council members. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT: None.
ABSTAIN: None.
ORDINANCE NO. 1235
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTION 62 OF THE
UKIAH CITY CODE, PERTAINING TO COMPENSATION OF MAYOR AND CITY
COUNCILMEMBERS
14. NEW BUSINESS – continued
a. Discussion and Possible Introduction by Title Only of an Ordinance Amending Division 9, Chapter 1 of the Ukiah City Code Article 17.1 (Lot Line Adjustments) and Article 17.2 (Parcel Mergers).
Presenter: Jesse Davis, Chief Planning Manager.
Motion/Second: Rodin/Orozco to find the ordinance categorically exempt pursuant to Section 15061 (b)(3) of the CEQA Guidelines. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT: None. ABSTAIN: None.
Motion/Second: Rodin/Sher to introduce the ordinance by title only. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT: None.
ABSTAIN: None.
City Clerk, Kristine Lawler, read the following title into the record:
City Council Minutes for February 7, 2022, Continued:
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING DIVISION 9, CHAPTER 1 OF UKIAH CITY CODE ARTICLE 17.1 (LOT LINE ADJUSTMENTS) AND ARTICLE
17.2 (PARCEL MERGERS) TO ENHANCE APPLICATION PROCESSES AND REVIEW Motion/Second: Rodin/Orozco to introduce the ordinance amending Division 9, Chapter 1 of the Ukiah City Code Article 17.1 (Lot Line Adjustments) and Article 17.2 (Parcel Mergers). Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES:
None. ABSENT: None. ABSTAIN: None.
Council Direction to fix typos Ordinance before finalizing.
RECESS: 8:17 – 8:24 P.M.
b. Possible Introduction by Title Only of Ordinance Imposing Possible Civil Penalties for Failure to Abate Public Nuisances on Residential Property.
Presenters: Darcy Vaughn, Assistant City Attorney and Sean Connell, Code Enforcement Inspector.
Motion/Second: Rodin/Orozco to introduce the ordinance by title only. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT:
None. ABSTAIN: None.
City Clerk, Kristine Lawler, read the following title into the record:
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING VARIOUS SECTIONS OF THE UKIAH CITY CODE AMENDING CHAPTER 12 OF DIVISION 3 OF THE UKIAH CITY
CODE IMPOSING POSSIBLE CIVIL PENALTIES FOR FAILURE TO ABATE PUBLIC NUISANCES ON RESIDENTIAL PROPERTY.
Motion/Second: Rodin/Orozco to introduce the ordinance imposing possible civil penalties for failure to abate public nuisances on Residential Property. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT: None. ABSTAIN:
None.
c. Receive Updates on City Council Committee and Ad Hoc Assignments and, if Necessary, Consider Modifications to Assignments and/or the Creation/Elimination of Ad hoc(s).
No reports were received.
d. Receive Presentation, Discuss, and Possibly Provide Direction to Staff Regarding the Proliferation, Impact, and Regulation of Off-Site Advertisements within the Unincorporated Territory of the Ukiah Valley.
Presenter: Jesse Davis, Chief Planning Manager.
Council Consensus to direct Staff to work informally with county staff and draft a letter that would go to county staff and be copied to the Board of Supervisors.
THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 9:14 P.M.
15. CLOSED SESSION
a. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(2))
City Council Minutes for February 7, 2022, Continued:
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (1 case)
b. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(4)) Initiation of litigation (2 cases) 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
(Government Code Section 54956.9)
Name of case: Ukiah v. Questex, Mendocino County Superior Court Case No. 15-66036 f. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9)
Name of case: Jane Doe v. City of Ukiah et al., U.S.D.C. (Eureka Division) Case No. 123-cv009808. g. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 184-080-37;184-080-36; 184-090-01; 184-090-07; 184-090-06; 184-100- 04 Negotiator: Sage Sangiacomo, City Manager
Negotiating Parties: Henry's Original
Under Negotiation: Price & Terms of Payment
h. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 180-110-07
Negotiator: Shannon Riley, Deputy City Manager
Negotiating Parties: GMB Realty Partners, Inc.
Under Negotiation: Price & Terms of Payment
i. Conference with Labor Negotiator (54957.6)
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: All Bargaining Units
No action reported; direction provided to Staff.
16. ADJOURNMENT
There being no further business, the meeting adjourned at 10:18 p.m. ________________________________
Kristine Lawler, CMC/CPMC
Agenda Item No: 8.a.
MEETING DATE/TIME: 2/21/2024
ITEM NO: 2022-1479
AGENDA SUMMARY REPORT
SUBJECT: Report of Disbursements for the Month of November 2023.
DEPARTMENT: Finance PREPARED BY: MaryJo Reynolds
PRESENTER: Consent Calendar
ATTACHMENTS:
1. November 2023 Summary of Disbursements
2. Account Codes for Reference
3. Object Codes for Reference
4. November 2023 Disbursement Detail
Summary: The Council will review and consider approval of the report of disbursements for the month of November 2023.
Background: Payments made during the month of November 2023 are summarized in the Report of Disbursements. Further detail is supplied on the Schedule of Bills, representing the four (4) individual payment cycles within the month.
Accounts Payable Check Numbers (City & UVFA): 3055170-3055281; 3055282-3055386; 3055387-3055524; 3055525-3055579
Accounts Payable Wire Transfers: 103, 104, 105
Payroll Check Numbers: 514514-514587; 514588-514658
Payroll Manual Check Numbers: 514587
Direct Deposit Numbers: 123551-123867; 12386-124185
Manual Direct Deposit Numbers: N/A
Void Check Numbers: 3054904, 3054937, 3054497, 3047331, 3054915, 3054777, 3054913, 3054825, 3054880
Void Direct Deposit Numbers: N/A
Discussion: This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1.
Attachment #1: November 2023 Summary of Disbursements
Attachment #2: Account Codes for Reference
Attachment #3: Object Codes for Reference
Attachment #4: November 2023 Disbursement Detail
Recommended Action: Approve the report of disbursements for the month of November 2023.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A
DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A
Attachment 1
FUNDS:
100 General Fund $277,326.30 700 Sanitary Disposal Site Fund $101,282.27 101 GF-(Sub-Fund) Visit Ukiah $53,699.28 701 Landfill Corrective Fund 105 GF-(Sub-Fund) Fire Authority $69,075.42 702 Disposal Closure Reserve Fund 110 Special General Fund 704 Post Closure Fund - Solid Waste 120 Streets Capital Improvement $10,386.76 710 Ambulance Services Fund $13,200.81 130 Gov'tl Debt SVC/Reserve Fund 720 Golf Fund $17,898.92 131 Debt Service Reserve 2022 LRB 730 Confernence Center Fund $7,952.47 200 City Adminstrative Services $61,476.02 750 Visit Ukiah 201 Worker's Comp Fund $32,848.70 777 Airport Fund $37,713.52 202 Liability Fund $19,689.95 778 Airport Capital Improvement Fund $1,233,707.76 203 Garage Fund $8,979.15 779 Special Aviation Fund
204 Purchasing Fund $1,754.99 800 Electric Fund $847,467.35 205 Billing & Collections Fund $4,795.36 801 Electric Capital Reserve Fund $185,814.50 206 Public Safety Dispatch Fund $5,024.78 803 Lake Mendocino Bond Reserve 207 Payroll Posting Fund $705,787.98 805 Street Lighting Fund $19,050.03 208 Building Maintenance/Corp Yard Fund $45,090.57 806 Public Benefits Fund $8,021.06 209 IT Fund $55,627.88 807 Cap and Trade
220 Equipment Reserve Fund 820 Water Fund $104,544.60
249 City Housing Bond Proceeds 822 Water Capital Improvement Fund 250 Special Revenue Fund 830 Recycled Water Fund $23,550.48 251 Special Projects Reserve Fund 840 City/District Sewer Fund $240,435.84 252 Streets/ROW Improvement Fund $30,372.65 841 Sewer Contruction Fund 253 CITY PROP 172 843 Sewer Capital Fund
300 Park Development Fund 900 Special Deposit Trust $1,481.92 301 Anton Stadium Fund 901 General Service (Accts Recv) $17,509.90 302 Observatory Park Fund 902 U.S.W. Billing & Collection $48,299.62 303 Playground & Park Amenities Fund $11,330.68 903 Public Safety - AB 109 $0.00 304 Swimming Pool Fund 905 Federal Emergency Shelter Grant 305 Riverside Park Fund $6,823.44 905 Mendocino Emergency Service Authority 306 Skate Park Fund 911 Russian River Watershed Association $30,048.62 308 Opioid Settlement Fund 915 UVFD $148.68
310 Museum Grants $0.00 916 UVFD PROP 172
311 Alex Rorbaugh Recreation Center Fund $5,297.29 917 UVFD Measure B $14.27 312 Downtown Business Improvement Fund 918 UVFD Mitigation 313 LMIHF Housing Asset Fund 920 MSWMA Operations $36,401.32 314 Winter Special Events $224.00 940 Sanitation District Special Fund 315 Advanced Planning Fund 942 Rate Stabilization - UVSD Fund 316 SPECIAL RECREATION EVENTS $4,415.05 943 Sanitation District Capital Improvement Fund 500 2106 Gas Tax Fund 952 REDIP Sewer Enterprise Fund
501 2107 Gas Tax Fund 960 Community Redevelopment Agency 503 2105 Gas Tax Fund 961 RDA Housing Pass-Through
505 Signalization Fund 962 Redevelopment Housing Fund
506 Bridge Fund 963 Housing Debt
507 1998 STIP Augmentation Fund 964 RDA Capital Pass-Through 508 SB325 Reimbursement Fund 965 Redevelopment Capital Improvement Fund 509 S.T.P. Fund 966 Redevelopment Debt Service
510 Trans-Traffic Congest Relief Fund 967 Housing Bond Proceeds 511 Rail Trail Fund 968 Non-Housing Bond Proceeds
600 Community Development Block Grant 969 RDA Obligation Retirement Fund $1,504,309.14 601 EDBG 94-333 Revolving Loan 844/944 Sewer Capital Projects Fund $487.50 602 Community Development Fund
603 08-HOME-4688
604 CDBG Grant 09-STBG-6417
605 11-HOME-7654 Fund $0.00
606 CDBG Grant 10-EDEF-7261
607 Prop 84 Grant Fund
609 13-CDBG-8940 Retainage Withheld $72,518.67
610 City RDA Projects Fund 611 CDBG 16-CDBG-11147 $375.00 613 Home Program Activities
620 CASP Train
630 Asset Seizure Fund $5,935.00
631 Asset Seizure Fund (Drug/Alcohol)
633 H & S Education 11489(B)(2)(A1)
634 Federal Asset Seizure Grants
635 SUP Law Enforcement Service Fund
636 CBTHP Officer
637 Local Law Enforcement Block Grant
638 Asset Forfeiture 11470.2 H & S
639 Special Revenue - Police
640 Parking District Fund $808.00
670 Federal American Rescue Fund
691 Museum Fund
695 Transfer Station Fund
696 Solid Waste Mitigation Fund
TOTAL DEMAND PAYMENTS- A/P CHECKS $5,969,003.50
PAYROLL CHECK NUMBERS: 514514-514587 TOTAL DEMAND PAYMENTS- EFT's $0.00 DIRECT DEPOSIT NUMBERS: 123551-123867 TOTAL PAYROLL CHECKS & DIRECT DEPOSITS $1,333,606.65 PAYROLL PERIOD: 10/15-28/23 TOTAL PAYROLL EFT's (TAXES, PERS, VENDORS) $781,322.84 PAYROLL CHECK NUMBERS: 514588-514658 * vendor name( if applicable) DIRECT DEPOSIT NUMBERS: 12386-124185
PAYROLL PERIOD: 10/29-11/11/23
PAYROLL CHECK NUMBERS:
DIRECT DEPOST NUMBERS:
PAYROLL PERIOD:
TOTAL PAYMENTS $8,083,932.99
VOID CHECK NUMBERS:
3054904, 3054937, 3054497, 3047331,
3054915, 3054777, 3054913, 3054825
3054880,
514587
WIRE TRANSFER NUMBERS:
103, 104, 105
CERTIFICATION OF CITY CLERK
This register of Payroll and Demand Payments was duly approved by the City Council on ____________________.
City Clerk
APPROVAL OF CITY MANAGER CERTIFICATION OF DIRECTOR OF FINANCE I have examined this Register and approve same. I have audited this Register and approve for accuracy and available funds.
____________________________________________ ________________________________________________ City Manager Director of Finance
MANUAL CHECK NUMBERS:
CITY OF UKIAH
REPORT OF DISBURSEMENTS
REGISTER OF PAYROLL AND DEMAND PAYMENTS
FOR THE MONTH OF NOVEMBER
Account Code Summary Attachment 2
10000000 GENERAL FUND 20012300 COMMUNITY OUTREACH/PUBLIC INFO 10017200 SUCCESSOR AGENCY 20012500 CITY CLERK
10020000 POLICE - GEN FUND 20012600 ECONOMIC DEVELOPMENT 10020210 POLICE PATROL 20012800 EMERGENCY MANAGEMENT
10020214 POLICE VOLUNTEERS 20013210 ACCOUNTS PAYABLE
10020216 COPS GRANT 20013220 PAYROLL
10020217 POLICE ANIMAL CONTROL 20013400 ACCOUNTING
10020218 POLICE CSO 20013401 BUDGET MANAGEMENT
10020220 CODE ENFORCEMENT 20014000 CITY ATTORNEY
10020224 MAJOR CRIMES TASK FORCE 20015100 CITY TREASURER 10021210 CITY FIRE 20016100 HUMAN RESOURCES
10022100 PARKS 20023510 HOUSING GRANTS
10022300 AQUATICS 20023520 NON-HOUSING GRANTS
10022700 MUSEUM - GEN FUND 20100000 WORKER'S COMP FUND
10022810 RECREATION ADMINISTRATION 20116220 WORKERS COMPENSATION 10022821 ADULT BASKETBALL 20200000 LIABILITY FUND
10022822 ADULT SOFTBALL 20216200 RISK MANAGEMENT
10022824 CO-ED VOLLEYBALL 20300000 GARAGE FUND
10022831 YOUTH BASKETBALL 20324100 GARAGE
10022832 YOUTH SOFTBALL 20324110 FLEET MAINTENANCE
10022840 DAY CAMP 20400000 PURCHASING FUND
10022850 CLASSES & CLINICS 20413500 PURCHASING
10022860 SPECIAL ACTIVITIES 20413510 CAPITAL ASSET MANAGEMENT 10022900 COMM SVCS SPECIAL SERVICES 20413520 GRANTS AND SPECIAL PROJECTS 10023100 PLANNING SERVICES 20414000 LEGAL SERVICES/EXPENSES 10023110 CURRENT PLANNING 20500000 BILLING AND COLLECTION FUND 10023300 BUILDING INSPECTION 20513300 UTILITY BILLING
10023320 BUILDING INSPECTION 20513380 METERING-ELECTRIC 10023411 CDBG GENERAL ADMIN 20513382 METERING-WATER
10024200 ENGINEERING/STREETS 20600000 PUBLIC SAFETY DISPATCH FUND 10024210 ENGINEERING 20620231 POLICE UKIAH DISPATCH
10024214 TRAFFIC SIGNAL OPERATIONS 20620232 POLICE FT BRAGG DISPATCH 10024224 STORM WATER 20700000 PAYROLL POSTING FUND
10024310 CORP YARD MAINTENANCE 20800000 BUILDING & MAINTENANCE 10024620 STREETS 20822500 BUILDING & MAINTENANCE
10100000 GF- (SUB-FUND) VISIT UKIAH 20824300 BLDG MAINT CORP YARD 10112700 GF-(SUB-FUND) VISIT UKIAH 20900000 IT FUND
10500000 MEASURE S GENERAL FUND 20913900 INFORMATION TECHNOLOGY 10521210 FIRE AUTHORITY 22000000 FIXED ASSET FUND
12000000 STREET REHABILITATION 25100000 SPECIAL PROJECTS RESERVE FUND 12024200 PUBLIC WORKS ENGINEERING 25200000 STREETS/ROW IMPROVEMENT FUND 13000000 GOV'TL DEBT SVC/RESERVE FUND 25224220 STREETS/ROW IMPROVEMENT FUND 13100000 DEBT SERVICE RESERVE 2022 LRB 25300000 PROP 172 FUND 20000000 CITY ADMINISTRATIVE SERVICES 25321210 CITY FIRE 20010000 CITY COUNCIL 30000000 PARK DEVELOPMENT FEES FUND 20012100 CITY MANAGER 30022200 PARK DEVELOPMENT
20012200 ADMINISTRATIVE SUPPORT 30100000 ANTON STADIUM FUND
Account Code Summary Attachment 2
30200000 OBSERVATORY PARK FUND 63500000 SUP.LAW ENFORCE.SVC.FD(SLESF) 30300000 PLAYGROUND & PARK AMENITIES FU 63520210 SLESF
30322230 PLAYGROUND AND PARK AMENITIES 63600000 CBTHP OFFICER 30400000 SWIMMING POOL FUND 63620210 CBTHP OFFICER
30522250 RIVERSIDE PARK 63800000 ASSET FORFEITURE 11470.2 H&S F 30600000 SKATE PARK FUND 63820210 ASSET FORFEITURE 11470 EXPENDI 30700000 SOFTBALL COMPLEX FUND 63900000 SPECIAL REVENUE POLICE 31100000 ARRC GENERAL OPERATING FUND 64000000 PKG. DIST. #1 OPER & MAINT FUN 31122000 ARRC 64012600 ECONOMIC DEVELOPMENT
31200000 DOWNTOWN BUSINESS IMPROVEMENT 64020213 POLICE PARKING ENFORCEMENT 31212600 ECONOMIC DEVELOPMENT 67000000 FEDERAL AMERICAN RESCUE FUNDS 31300000 LMIHF HOUSING ASSET FUND 69500000 TRANSFER STATION 31323400 HOUSING 69624000 SOLID WASTE MITIGATION FUND
31323431 LMI GENERAL ADMIN 70000000 SANITARY DISPOSAL SITE FUND 31500000 ADVANCED PLANNING FUND 70024500 LANDFILL 700
31523100 COMMUNITY PLANNING 70124500 LANDFILL CORRECTIVE 31600000 SPECIAL RECREATION EVENTS 70200000 DISPOSAL CLOSURE RESERVE FUND 31622861 SPECIAL RECREATION EVENTS 70224500 LANDFILL CLOSURE 50000000 GAS TAX FUND 70400000 POST CLOSURE FUND-SOLID WASTE 50024214 TRAFFIC SIGNAL OPERATIONS 71000000 AMBULANCE SERVICES FUND 50500000 SIGNALIZATION FUND 71021100 AMBULANCE SERVICES 50800000 SB325 REIMBURSEMENT FUND 72000000 GOLF FUND
50824210 SB325 ENGINEERING 72022400 GOLF
50900000 S.T.P. 73000000 CONFERENCE CENTER FUND
50924210 STP ENGINEERING 73022600 CONFERENCE CENTER
51100000 RAIL TRAIL FUND 77700000 AIRPORT FUND
51124210 Rail Trail 77714000 CITY ATTORNEY
60000000 COMM. DEVELOPMT. BLOCK GRANT F 77725200 AIRPORT OPERATIONS 60023411 CDBG GENERAL ADMIN 77800000 AIRPORT CAPITAL IMPROVEMENT FU 60023412 CDBG ACTIVITY DELIVERY 77825200 AIRPORT CAPITAL 61100000 CDBG 16-CDBG-11147 77900000 SPECIAL AVIATION FUND 61112600 CDBG ECONOMIC DEVELOPMENT 77925200 AIRPORT SPECIAL 61123410 16-CDBG-11147 80000000 ELECTRIC FUND
61123411 CDBG GENERAL ADMIN 80014000 CITY ATTORNEY
61200000 FUND 612 UNASSIGNED 80026110 ELECTRIC OVERHEAD 61223400 HOME CDD HOUSING 80026120 ELECTRIC UNDERGROUND 61223422 HOME ACTIVITY DELIVERY 80026200 TELEMETRY & CALIBRATION 61323400 HOME HOUSING ACTIVITIES 80026210 SUBSTATION
61323421 HOME GENERAL ADMIN 80026220 HYDROELECTRIC PLANT 62000000 CASP CERTIF & TRAINING 80026400 ELECTRIC ADMINISTRATION 62023320 CASP CERTIF & TRAINING 80026440 POWER PURCHASES 63000000 ASSET SEIZURE FUND 80100000 ELECTRIC CAPITAL RESERVE FUND 63020210 ASSET SEIZURE EXPENDITURE 80126100 ELECTRIC CIP 63300000 H&S EDUCATION 11489(B)(2)(A1) 80126220 HYDROELECTRIC PLANT 63320210 H&S ASSET SEIZURE EXPENDITURE 80500000 STREET LIGHTING FUND 63400000 FEDERAL ASSET SEIZURE GRANTS F 80526150 STREET LIGHTING 63420250 FED ASSET SEIZURE EXPENDITURE 80600000 PUBLIC BENEFITS CHARGES FUND
Account Code Summary Attachment 2
80626450 PUBLIC BENEFITS
80700000 ELECTRIC CAP AND TRADE FUND
80800000 ELECTRIC LOW CARBON FUEL STDS
80826100 ELECTRIC LOW CARBON FUEL STDS
82000000 WATER FUND
82027110 WATER
82027111 PROD OPERATIONS & MAINTENANCE
82027114 DISTRIB OPERATIONS & MAINT
82100000 WATER CAPITAL RESERVE FUND
82200000 WATER CONNECTION FEE FUND
82227113 WATER DISTRIBUTION CAPITAL
83000000 RECYCLED WATER
83027330 RECYCLED WATER
84000000 CITY/DIST. SEWER OPERATING FUN
84027220 WASTE WATER
84027221 CITY WASTE O & M
84027225 WASTE TREATMENT O & M
84100000 SEWER BOND DEBT SERVICE FUND
84127226 WASTEWATER TREATMENT CAPITAL
84200000 RATE STABILIZATION-CITY FUND
84300000 CONNECTION FEE SEWER FUND (CAP
84400000 CITY SEWER CAPITAL PROJECTS FU
84427221 CITY WASTEWATER O&M 844
84427222 CITY WASTE CAPITAL
90000000 SPECIAL DEPOSIT TRUST FUND
91500000 UKIAH VALLEY FIRE DEPARTMENT
91521400 UVFD FIRE ADMINISTRATION
91600000 UVFD PROP 172
91621400 UVFD PROP 172
91700000 UVFD MEASURE B UNASSIGNED
91721400 UVFD FIRE
91800000 UVFD MITIGATION FEES
91821400 UVFD MITIGATION
96900000 REDEVELOPMENT OBLIGATION RETIR
96917200 SUCCESSOR AGENCY
96995669 969 - RDA OBLIGATION RETIREMEN
51211 PERS UNFUNDED LIABILITY 54101 POSTAGE
51220 INSURANCE 54102 SMALL TOOLS
51230 WORKERS COMP 54103 LAB SUPPLIES
51240 MEDICARE 54106 SPECIALTY SUPPLIES
51260 FICA 54107 EMS SUPPLIES
51270 UNIFORM ALLOWANCE 54120 PW - SPECIAL SUPPLIES
51290 CELL PHONE STIPEND 54121 PW - ASPHALT CONCRETE
52100 CONTRACTUAL SERVICES 54122 PW - AGGREGATE BASE
52110 AMBULANCE BILLING 54124 PW - CONCRETE/SUPPLIES
52111 DEFIBRILLATOR MAINTENANCE 54125 PW - TRAFFIC PAINT 52112 M. S. OVERSIGHT 54126 PW-PREMARKS
52113 PLANNING STUDIES 54127 PW - SIGN POSTS/SHEETING
52114 COMPLIANCE STUDIES 54128 PW - COLD PATCH MATERIAL 52130 EDUCATIONAL & MARKETING MATL'S 54129 PW - TACK OIL 52131 ASSISTANCE TO SENIORS 54130 PW - SAFETY
52133 MONTHLY DISCOUNT PROGRAM 54131 PW - BARRICADES & CONES 52134 GENERAL ADMIN 54161 BACKGROUND & PHYSICALS
52135 ENERGY CONSERVATION PROGRAM 54162 ADVERTISING
52137 PUBLIC BENEFITS PROGRAM MGMT 54163 INTERVIEW SUPPLIES 52139 RESEARCH DEVELOPMENT & DEMO 54165 NEW EMPLOYEE FINGERPRINT 52150 LEGAL SERVICES/EXPENSES 54166 DOT TESTING PROGRAM 52151 EMPLOYEE BENEFIT ADMIN FEES 54167 EMPLOYEE DEVELOPMENT 52155 ACTIVITY DELIVERY 54169 LIVESCAN
52180 SECURITY SERVICES 54201 PRISONER EXPENSE
52181 VOLUNTEER EXPENSES 54202 MAJOR CRIME INVESTIGATIONS 52301 PROPERTY TAX ADMIN FEE 54203 RECRUITMENT
52304 LAFCO FEES AND PROP TAX EXP 54320 SOFTWARE
52500 TRUSTEE FEES 54330 COMPUTER AND TECHNOLOGY
52510 ADVERTISING & PROMOTION 54500 EQUIP RENTS AND LEASES 52515 ADVERTISING & PUBLICATION 54700 FINES & PENALTIES 52521 LIABILITY INSURANCE PREMIUM 55100 TELEPHONE
52522 LIABILITY & PROPERTY DEDUCT 55200 PG&E
52524 PROPERTY INSURANCE PREMIUM 55210 UTILITIES
52525 WORKER'S COMP. EXPENSE 56100 VEHICLE & EQUIPMENT MAINT. & R 52526 REMIF ASSESSMENT PAYMENTS 56112 EQUIPMENT PARTS FOR RESALE 52527 A.D.P. PREMIUM & DEDUCTIBLE 56120 EQUIPMENT MAINTENANCE & REPAIR 52528 LIABILITY INSURANCE 56125 LAB EQUIP-REPAIR & MAINT. 52529 EARTHQUAKE & FLOOD (DIC) 56130 EXTERNAL SERVICES
52532 SAFETY & TRAINING SUPPORT 56210 FUEL & FLUIDS
52533 UVFA RETIREE HEALTH INS 56300 BUILDING MAINT. & REPAIR 52600 RENT 56410 EQUIPMENT RENTAL - PRIVATE
52601 DATA STORAGE & CONNECTIVITY 56504 FACILITY MAINTENANCE & REPAIR 52602 RENTAL OF CITY PROPERTY 56600 AIRFIELD MAINTENANCE & REPAIR 52841 SUCCESSOR AGENCY ADMIN 57100 LEARNING AND DEVELOPMENT 53000 LAWSUIT SETTLEMENT 57101 CONF & TRAINING-AQUATICS 54100 SUPPLIES 57300 MEMBERSHIPS & SUBSCRIPTIONS
Object Code Summary Attachment 3
58101 NCPA PLANT GENERATION
58102 NCPA POWER PURCHASES
58103 NCPA TRANSMISSION
58104 NCPA MANAGEMENT SERVICES
58105 NCPA THIRD PARTY SALES
58202 CHEMICALS
58401 AVIATION FUEL
58410 GARAGE LUBRICANTS & PARTS
58510 REIMBURSABLE JOBS
59100 PROPERTY TAXES PAID
59101 FEES
59102 FRANCHISE FEES
59105 CONTRIBUTIONS TO OTHER AGENCY
59106 SENIOR TRASH SUBSIDY
59108 BANK FEES
59400 OTHER EXPENSES
59500 LOANS ISSUED
59502 SCHOLARSHIPS
61200 PURCHASING ALLOCATION
61300 BILLING & COLLECTION ALLOCATIO
61410 RENT ALLOCATION
61420 BUILDING MAINTENANCE ALLOCATIO
61422 IT ALLOCATION
61430 CORP YARD ALLOCATION
61500 INSURANCE ALLOCATION
61600 GARAGE ALLOCATION
61700 DISPATCH
62100 ADMIN & OVERHEAD ALLOCATION
63000 INTERFUND SERVICES USED
70101 LOAN PAYMENTS MADE
70102 BOND INTEREST EXPENSE
70103 LOAN INTEREST
70201 LOAN PRINCIPAL PAYMENTS
70202 BOND PRINCIPAL PAYMENTS
74500 CAPITAL LEASE PRINCIPAL
74501 CAPITAL LEASE INTEREST
80100 MACHINERY & EQUIPMENT
80210 LAND ACQUISITION
80220 BUILDING IMPROVEMENTS
80230 INFRASTRUCTURE
90100 LOAN PROCEEDS
90101 LOAN PAYMENT RECEIVED
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List of Checks Presented for Approval on 11/3/2023
Attachment 4
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The following list of bills payable was reviewed and approved for payment.
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List of Checks Presented for Approval on 11/9/2023
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The following list of bills payable was reviewed and approved for payment.
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List of Checks Presented for Approval on
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The following list of bills payable was reviewed and approved for payment.
Signature
List of Checks Presented for Approval on
11/22/2023
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Agenda Item No: 8.b.
MEETING DATE/TIME: 2/21/2024
ITEM NO: 2023-3158
AGENDA SUMMARY REPORT
SUBJECT: Consideration of the Approval of a Change Order in the Amount of $13,567.14 for the Yardney Filters Replacement Project from Durham Pump & Irrigation at the Wastewater Treatment Plant.
DEPARTMENT: Finance PREPARED BY: David Mendez, Buyer II PRESENTER: David Mendez, Buyer II
ATTACHMENTS:
1. Staff Report from June 7, 2023
2. Durham Pump & Irrigation Sales Order
Summary: Council will consider approving a change order in the amount of $13,567.14 for the replacement of the Yardney Filters from Durham Pump & Irrigation at the Wastewater Treatment Plant.
Background: Reclaimed water is used throughout the wastewater facility. Operators frequently use this water for hosing and cleaning rather than using potable or drinking water in the facility. Thus, operators come in contact with this reclaimed water daily. The Yardney Filters ensure the safety of our operators through the proper treatment of reclaimed water. The facility is experiencing more frequent backwashes and the media has rounded, decreasing efficiency and removal of particulates in the filter units. Per the manufacturer, "typical filter media life is expected to be 5-10 years depending on the use". The filter media hasn't been replaced in over 16 years of operation.
Discussion: Council approved the purchase of the Yardney Filter Replacement through Durham Pumps & Irrigation on June 7, 2023 (ASR provided as attachment 1). Durham Pump & Irrigation completed a walk through and determined that an additional $13,241.13 is needed to haul away previous Anthracite/Garnet on Quote # 0060624 (Attachment 2). Therefore, it is staff's recommendation to approve a purchase order change order in the amount of $13,241.13, which will result in a revised purchase order amount of $77,895.62.
Recommended Action: Approve a change order in the amount of $13,567.14 for the Yardney Filters Replacement Project from Durham Pump & Irrigation.
BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: 84027225.80100.18243: $77,895.62 PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: Wastewater Utility Funds
PREVIOUS CONTRACT/PURCHASE ORDER NO.: Purchase Order 48425 COORDINATED WITH: Ryan Kriken, WWTP Supervisor; Mary Horger, Financial Services Manager DIVERSITY-EQUITY INITIATIVES (DEI):
CLIMATE INITIATIVES (CI):
GENERAL PLAN ELEMENTS (GP):
Attachment 1
Sales Order
Sold To: Ship To /
Service
Address:
CITY OF UKIAH
300 PLANT RD
UKIAH, CA 95482
CITY OF UKIAH
300 SEMINARY AVE.
UKIAH, CA 95482-5400
Order Number
Order Date:
Salesperson:
Customer #:
0060624
3/7/2023
02-0008076
JAMES WIKANDER
DAVE MENDEZ
FILTER SERVICE
Confirm To:
Job Name:
WM. P. WILSON & SONS
Main Office:
Durham Pump, Inc.
2313 Durham-Dayton Hwy, Durham, CA 95938
530.891.4821 530-891.0613 Fax
Woodland Branch:
Wm. P. Wilson & Sons
202 Kentucky Ave, Woodland, CA
95695
CL #271327
Please Remit All Payments to: Durham Pump, PO Box 60, Durham, CA 95938 Thank You! Customer P.O. Ship VIA: F.O.B. Terms: NET 30 DAYS
Item Code Item Description Unit W/H Qty. Ordered / Shipped / B/O Price Amount SERVICE DATE: UPON APPROVAL
/ILABOR IRR REPAIR LABOR 0.00 0.00 10,800.00
INCLUDES ONE DATE SITE VISIT TO COMPLETE QUOTE FOR REPLACEMENT UNIT QUOTE AND DISPOSAL QUOTES; ALSO INCLUDES 3 DAYS CREW TIME FOR REPAIRS W/ TRAVEL COSTS
/IMC02 ATHROCITE/SILCA SAND EA 114.00 0.00 0.00 88.0000 10,032.00 /IMC02 FINE GARNET EA 285.00 0.00 0.00 89.5000 25,507.50 /IMC02 GARNET EA 112.00 0.00 0.00 77.0000 8,624.00
/IMC02 GRAVEL MEDIA EA 66.00 0.00 0.00 48.5000 3,201.00
ALL MATERIALS PLUS FREIGHT, WHICH WILL BE ADDED TO THIS QUOTE AND WILL BE BILLED AT COST /IMC02 SERVICE BOND EA 1.00 0.00 0.00 2,100.0000 2,100.00
HAUL AWAY OF PREVIOUS ANTHRACITE/GARNET/ QUOTED SEPARATELY AFTER SITE VISIT BELOW IS FOR HAUL AWAY.
/ILABOR IRRIG REPAIR LABOR 0.00 0.00 2,500.00
/ISC02 DUMP TRUCK /DUMP FEE EA 1.00 0.00 0.00 6,495.0000 6,495.00 /RENTAL1 BACKHOE 0.00 0.00 3,900.00
Net Order: 73,159.50
Less Discount: 0.00
Sales Tax: 4,736.12
Order Total: 77,895.62
Signed _______________________________________________
I hereby approve and authorize Durham Pump, Inc. to proceed with the work as outlined herein..
Date _______________________________________________
This Quote is based on information provided by the Customer.
Prices listed herein are good for 14 days from the Order Date shown above. 53,364.50
19,795.00
Taxable Amount:
Non-Taxable Amount:
Less Deposit: 0.00
Invoice Balance: 77,895.62
Attachment 2
Agenda Item No: 8.c.
MEETING DATE/TIME: 2/21/2024
ITEM NO: 2024-1495
AGENDA SUMMARY REPORT
SUBJECT: Possible Adoption of Ordinance Imposing Possible Civil Penalties for Failure to Abate Public Nuisances on Residential Property.
DEPARTMENT: City Attorney PREPARED BY: Darcy Vaughn, Assistant City Attorney PRESENTER: Darcy Vaughn, Assistant City Attorney; Sean
Connell, Code Enforcement Inspector
ATTACHMENTS:
1. Residential Public Nuisance Civil Penalties Ordinance Summary: Council will discuss and consider adopting the Ordinance Imposing Possible Civil Penalties for Failure to Abate Public Nuisances on Residential Property.
Background: The City's Code Enforcement officials request and recommend that Council consider an amendment to the City Code that will allow Code Enforcement to impose civil penalties in the form of fines on property owners who repeatedly and flagrantly violate City Code provisions requiring owners to abate public nuisance conditions on residentially-zoned properties. The imposition of civil penalties for failure to abate public nuisances is not a new enforcement method for the City, as Code Enforcement already has authority to impose fines on property owners for repeated failure to abate public nuisances on commercially-zoned properties, as set forth in City Code section 3424.A. Due to a recent spate of public nuisance abatement violations on residential properties that have required significant Staff time and costs to correct, Code Enforcement officials believe that the possibility of imposing fines for such violations would be a significant incentive for recalcitrant property owners to act promptly to address notices of violation and correct nuisance conditions on their residential properties.
Note that imposition of fines for failure to abate public nuisance conditions on residential properties would be a last resort, as Code Enforcement prefers to work with property owners and provide assistance and education in order to promptly abate nuisances. In addition, the City offers a Housing Rehabilitation Program that will fund housing repairs for low-income homeowners and for landlords renting to low-income tenants, particularly repairs of conditions that constitute health and safety hazards and/or Code violations. However, for those few instances in which residential property owners are either unresponsive or refuse to take any steps to abate public nuisances after being served notices of violation and being given a reasonable amount of time to correct those violations, Staff recommends that Council amend the City Code via ordinance to allow for imposition of civil penalties for those violations.
For example, Code Enforcement Staff might consider imposing civil penalties for a residential property where the residence was failing structurally, posed a fire hazard due to the fact that trespassers were illegally accessing the structure's electrical system and setting warming and cooking fires in the structure, and was littered with refuse and debris piles left by the trespassers, thus posing a health and safety hazard to neighbors. Code Enforcement staff would make multiple efforts, after issuance of a notice of violation, to work with the property owner to secure the property and abate the nuisance conditions at the residence, but, if the property owner still refused to take action to abate the nuisance conditions or to cooperate with Code Enforcement, the imposition of civil penalties would be an interim measure to ensure compliance before
asking Council to hold a public hearing to declare the residential property a public nuisance and issue an abatement order.
Discussion: The Ordinance Imposing Possible Civil Penalties for Failure to Abate Public Nuisances on Residential Property, attached here as Attachment 1, would authorize the City's Code Enforcement officials to impose civil penalties, i.e. fines, for repeated and flagrant failure of property owners to abate public nuisances on residentially-zoned properties within the city. The Ordinance states that property owners in violation of the City Code provisions requiring property owners to abate public nuisances on their residentially-zoned properties may be subject to civil action to abate the public nuisances and civil penalties in the amount of not less than one hundred dollars ($100.00) or more than one thousand dollars ($1,000.00) for each day the violation continues. The Ordinance also states that violators may be subject to any administrative penalties authorized under the City Code. In addition, the Ordinance states that (1) no penalties will be imposed for violations unless the owner has been given a reasonable amount of time to correct the violations, and (2) a reasonable amount of time to correct a violation will be thirty (30) days from service of a notice of violation unless otherwise directed by the City Council. Finally, the Ordinance states that anyone who interferes with or impedes the abatement of a public nuisance is guilty of a misdemeanor.
Council voted unanimously to introduce the Ordinance at their February 7, 2024, meeting. The current version of the Ordinance Imposing Possible Civil Penalties for Failure to Abate Public Nuisances on Residential Property reflects a wide array of community, City Staff, and Council input. The Ordinance is now ready for consideration for adoption, and will go into effect thirty days after the date of adoption.
Recommended Action: Adopt the Ordinance Imposing Possible Civil Penalties for Failure to Abate Public Nuisances on Residential Property.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT:
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Sean Connell, Code Enforcement Inspector DIVERSITY-EQUITY INITIATIVES (DEI):N/A
CLIMATE INITIATIVES (CI):N/A
GENERAL PLAN ELEMENTS (GP):GP-A8 - Housing Element (2019-2027), Goal H-1: Conserve, rehabilitate, and improve the existing housing stock to provide adequate, safe, sustainable, and decent housing for all Ukiah residents.
1 ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING VARIOUS SECTIONS OF THE UKIAH CITY CODE AMENDING CHAPTER 12 OF DIVISION 3 OF THE UKIAH CITY CODE IMPOSING POSSIBLE CIVIL PENALTIES FOR FAILURE TO ABATE PUBLIC NUISANCES ON RESIDENTIAL PROPERTY.
The City Council of the City of Ukiah hereby ordains as follows.
SECTION 1
Chapter 12 of Division 2 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by “* * *”):
CHAPTER 12. ABATEMENT OF PUBLIC NUISANCES
* * *
§3467 VIOLATIONS ON RESIDENTIALLY-ZONED PROPERTY - PENALTY A. Civil Penalties: Without limiting the enforceability of any other statute, ordinance or regulation that may contain a different or greater penalty under those provisions, after service of notice thereof pursuant to this Chapter any person violating the provisions of this Chapter shall be subject to a civil action to abate or enjoin the nuisance and shall be liable for civil penalties as follows: Any violation concerning property that is located in a residentially-zoned district as authorized by Articles 3, 4, and 5 of Division 9, Chapter 2 of this Code (as amended or supplanted) of not less than one hundred dollars ($100.00) or more than one thousand dollars ($1,000.00) for each day the violation continues. The City Attorney may pursue any lawful civil remedy and civil penalties brought to enforce any provisions of this Chapter.
B. Administrative Penalties: In addition to civil penalties provided in this section, and other remedies set forth in this Chapter, administrative penalties may be imposed against any responsible party, whether owner, lessee, sublessor or sublessee or occupant of any premises in violation of any of the provisions of this Chapter.
Imposition, enforcement, collection and administrative review of administrative penalties imposed shall be conducted pursuant to this Code.
C. Reasonable Period to Correct Violations: No penalty shall be imposed for violations of provisions of this Chapter unless the owner has been provided a reasonable period of time after notice thereof service pursuant to this Chapter to correct the violation before imposition of the penalty, except in those cases in which there is an immediate danger to health or safety. The reasonable period for purposes of this Chapter shall be thirty (30) days from service of a notice of violation unless otherwise directed by the City Council.
Attachment 1
2 D. Abatement Interference: Any person who obstructs, impedes or interferes with any representative, officer, employee, contractor or authorized representative of the City Council or with any representative of a City department or with any person who owns or holds any estate or interest in a building which has been ordered to be vacated, repaired, rehabilitated or demolished pursuant to the provisions of this Chapter when any of the aforementioned individuals are engaged in the work of abating any nuisance as required by the provisions of this Chapter, or in performing any necessary act preliminary to or incidental to such work authorized or directed pursuant to this Chapter lawfully engaged in proceedings involving the abatement of a nuisance is guilty of a misdemeanor.
§3468 ALTERNATIVE REMEDIES
The procedures established in this chapter shall be in addition to criminal, civil or other legal or equitable remedies established by law which may be pursued to address violations of this code or applicable state codes and the use of this chapter shall be at the sole discretion of the City.
SECTION 2
1. SEVERABILITY.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Ukiah hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
2. EFFECTIVE DATE.
This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption.
Introduced by title only on February 7, 2024, by the following roll call vote:
AYES: Councilmembers Rodin, Sher, Orozco, Crane, and Mayor Dueñas NOES:
ABSENT:
ABSTAIN:
3 Adopted on ___________, 2024 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________________
Josephina Dueñas, Mayor
ATTEST:
__________________________________________
Kristine Lawler, City Clerk
Agenda Item No: 8.d.
MEETING DATE/TIME: 2/21/2024
ITEM NO: 2024-1496
AGENDA SUMMARY REPORT
SUBJECT: Possible Adoption of an Ordinance Amending Division 9, Chapter 1 of the Ukiah City Code Article
17.1 (Lot Line Adjustments) and Article 17.2 (Parcel Mergers).
DEPARTMENT: Community
Development PREPARED BY: Jesse Davis, Chief Planning Manager PRESENTER: Jesse Davis, Chief Planning Manager.
ATTACHMENTS:
1. Lot Line Adjustment & Merger - Redlined Regulations
2. Lot Line Adjustment & Merger - Ordinance
Summary: The ordinance amendment includes updates to policies and procedures regarding 'Parcel Mergers' and 'Lot Line Adjustments' as conveyed in Attachment 1. If approved, Lot Line Adjustments and Mergers regulations will be updated to encourage the modification or consolidation of properties for infill multifamily development.
Background: On February 7, 2024, the City Council considered introduction of an ordinance amending various sections of Ukiah City Code. After conducting a public hearing, the item was unanimously approved.
The ordinance amendment includes updates to policies and procedures regarding 'Parcel Mergers' and 'Lot Line Adjustments' as conveyed in Attachment 1. If adopted, Lot Line Adjustments and Mergers will no longer require submission of a Preliminary Title Report as a component of the application, unless determined necessary by the City Engineer. Furthermore, Staff will no longer verify that property owners have obtained partial reconveyances from any mortgagor or other lien holder for any portion of a parcel being transferred to an adjacent parcel. Additionally, approved adjustments and mergers will be valid for an extra 12 months, and financial incentives to merge parcels for affordable and special needs housing will be codified into Article 17.2 (Parcel Mergers) to encourage, where appropriate, the consolidation of small properties for infill multifamily development.
The City's Housing Element seeks to expand housing opportunities for all economic segments of the community, and includes an implementation measure to “Facilitate the consolidation of smaller, multifamily parcels by providing technical assistance to property owners and developers in support of lot consolidation (Program 2g).” In 2020, the City of Ukiah received grant funding from the California Department of Housing and Community Development (HCD) through a Local Early Action Planning (LEAP) grant to explore policies and incentives to facilitate the consolidation of smaller, multifamily parcels by providing technical assistance or incentives to property owners. The introduction and adoption of an ordinance (Attachment 2) will fulfill the associated grant requirements.
Upon evaluating the feasibility of lot consolidation incentives adopted by peer jurisdictions, Community Development Staff concluded that additional merger incentives were unwarranted, due to limitations created by existing density restrictions, zoning pattern, a residential sites inventory that features sufficient capacity, and a lack of adjacent underdeveloped or vacant sites conducive to residential development.
When reviewing the peer jurisdictions of Palo Alto, San Clemente and Mill Valley, it became clear that their policies to encourage consolidation were constrained to their Residential Sites Inventory, and relied on
incentives that the City of Ukiah already provides, such as objective design and development standards, as well as the use of density bonuses. Given that the City of Ukiah's Residential Site Inventory has demonstrated the capacity to meet its Regional Housing Needs Allocation, the approaches undertaken by other jurisdictions to encourage lot consolidation would not be particularly effective. If adopted by the City Council this ordinance amendment will improve lot line adjustment and merger policies to help foster more sustainable infill development, reduce unnecessary application burdens, and catalyze economic growth by creating a more efficient and flexible framework for land use that conforms with existing zoning regulations.
Discussion: If adopted, this ordinance amendment will improve lot line adjustment and merger policies to help foster more sustainable infill development, reduce unnecessary application burdens, and catalyze economic growth by creating a more efficient and flexible framework for land use that conforms with existing zoning regulations.
Staff recommends Council adopt the ordinance (Attachment 2) amending Division 9, Chapter 1 of the Ukiah City Code Article 17.1 (Lot Line Adjustments) and Article 17.2 (Parcel Mergers). If adopted, the Ordinance will go into effect thirty days after the date of adoption.
Recommended Action: Adopt an ordinance amending Division 9, Chapter 1 of the Ukiah City Code Article
17.1 (Lot Line Adjustments) and Article 17.2 (Parcel Mergers).
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: Local Early Action Planning Grant (LEAP) PC-18239: LEAP - T2 PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Department of Public Works; City Attorney DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): 5a & 5b: Update Zoning Ordinance; Protect Against Sprawl GENERAL PLAN ELEMENTS (GP): Housing Element Act H-2(g): Facilitate the consolidation of smaller, multifamily parcels by providing technical assistance to property owners and developers in support of lot consolidation.
ATTACHMENT 1
CHAPTER 1
SUBDIVISIONS
ARTICLE 17.1. LOT LINE ADJUSTMENTS
SECTION:
§8294: Purpose
§8295: Applicability
§8296: Application And Processing
§8297: Approval Or Denial Of Adjustment
§8298: Completion Of Adjustment
§8295PURPOSE
This chapter prescribes the procedures for the preparation, filing, processing, and approval or denial of lot line adjustments consistent with the policies of the General Plan, the requirements of this code, and the requirements of Government Code section 66412(d), part of the California Subdivision Map Act ("Map Act"). This chapter also prescribes the procedures for voluntary parcel mergers. (Ord. 1138, §2 (Exh. A), adopted 2012) §8295 APPLICABILITY
As provided by Map Act section 66412(d) the Subdivision Map Act of the State of California set forth in the Government Code, Sections 65000, et seq., the lot line adjustment procedure is for the purpose of relocating lot lines between four (4) or fewer existing adjoining parcels where the land taken from one parcel is added to an adjoining parcel and where a greater number of parcels than originally existed is not created. For the purpose of this chapter, "adjoining" means touching. (Ord. 1138, §2 (Exh. A), adopted 2012) §8296 APPLICATION AND PROCESSING
A lot line adjustment application shall be prepared, filed, and processed as prescribed by this section.
A. Application Submittal And Contents: A lot line adjustment application shall include a completed application form and all information and other materials required by the Public Works Department and shall be filed with the City PlanningCommunity Development Department.
B. Application Fees: Application fees shall be established from time to time by resolution of the City Council adopted in accordance with the procedures required by law. An applicant must pay the fee when the application is submitted.
C. Application Review: City staff shall review the application for completeness and accuracy. The application may be referred to any City department or any public agency that may be affected or have an interest in the proposed lot line adjustment.
ATTACHMENT 1
D. Environmental Review: A lot line adjustment is considered a ministerial project and for that reason is not subject to environmental review under the California Environmental Quality Act ("CEQA"). See Pub. Resources Code section 21080, subds. (a), (b)(1) and Sierra Club v. Napa County Bd. of Supervisors (Cal. App. 1st Dist. 2012) 205 Cal. App. 4th 162.
E. Public Notice: No public notice is required as the lot line adjustment application is a ministerial action.
F. Concurrent Permit Processing: When a lot line adjustment is part of a project that requires one or more discretionary planning entitlements and the applicant does not want the lot line adjustment unless the entire project is approved, then the lot line adjustment shall be reviewed as part of the discretionary planning application. In that event, all permits and approvals, including the lot line adjustment, shall be combined into one application, processed concurrently, and acted upon by the highest review authority required by this code based on the entitlements included in the application. (Ord. 1138, §2 (Exh. A), adopted 2012)
§8297 APPROVAL OR DENIAL OF ADJUSTMENT
The City Engineer shall determine whether the parcels resulting from the adjustment will conform with the applicable provisions of this chapter, the City’s General Plan and Zoning Ordinance, Ukiah Municipal Airport Land Use Compatibility Master Plan, and the California Building and related codes as adopted in the City (hereafter "Building Code"). The City Engineer may approve, conditionally approve, or deny the lot line adjustment in compliance with this section.
A. Required Findings: A proposed lot line adjustment shall be approved if the City Engineer finds all of the following:
1. The adjustment will not create a greater number of parcels than existed prior to the adjustment;
2. The adjustment will not result in an increase in the number of nonconforming parcels;
3. The adjustment will not increase the nonconformity of any parcel; and
4. All of the parcels resulting from the adjustment are consistent with the General Plan, Zoning Ordinance, Ukiah Municipal Airport Land Use Compatibility Plan, and Building Code.
B. Conditions Of Approval: In approving a lot line adjustment, the City Engineer shall adopt conditions only as necessary to conform the adjustment and proposed parcels to the requirements of the General Plan, Zoning Ordinance, Ukiah Municipal Airport Land Use Compatibility Plan, Building Code or to facilitate the relocation of existing utilities, infrastructure, or easements. The City Engineer may not impose conditions or exactions on approval except to conform to such plans, to require payment of taxes, or facilitate relocation of facilities.
ATTACHMENT 1
C. Appeal: The decision of the City Engineer may be appealed to the City Council. Said appeal shall be filed with the City Clerk within ten (10) days of the date of the decision, shall state the reason(s) for the appeal, and be accompanied by the appeal fee, if any, established by the City Council from time to time by resolution; provided, however, that the City Council decision on the appeal is subject to the provisions of this section regarding findings and conditions of approval. (Ord. 1138, §2 (Exh. A), adopted 2012) §8298 COMPLETION OF ADJUSTMENT
Within twelve (12) months after approval, the lot line adjustment process shall be completed in compliance with this section through the recordation of a deed, after all conditions of approval have been satisfied.
A. Completion By Deed: A lot line adjustment shall not be considered complete or become effective until recordation in the official records of Mendocino County of a grant deed or deeds signed by the record owners. Prior to recordation, the applicant shall submit deeds to the City Engineer for review and approval in compliance with subsection B of this section, and shall pay the review fees. The legal descriptions provided in the deeds, including an accompanying plat, shall be prepared by a qualified registered civil engineer, or a land surveyor licensed or registered in the state in accordance with state law and shall be accompanied by a preliminary title report prepared within fifteen (15) days of the date of submission by a title company, if determined approved bynecessary, by the City Engineer.
B. Review And Approval By The City Engineer: The City Engineer shall:
1. Examine the deeds to ensure that all record title owners and lien holders have consented to the adjustment;
2. Verify that all conditions of approval have been satisfactorily completed and that the deeds are in substantial compliance with the lot line adjustment as approved by the review authority;
3. Verify that the property owners have obtained partial reconveyances from any mortgagor or other lien holder for any portion of a parcel being transferred to an adjacent parcel and that any liens covering the adjacent property have been modified to cover the newly created larger parcel;
43. If satisfied that the deeds comply with the above requirements, place an endorsed approval upon the deeds; and
54. After approval of the legal description, assemble the deeds and return them to the applicant's title company for recordation.
C. Expiration: The approval of a lot line adjustment shall expire and become void if the adjustment has not been completed as required by this section within twelve twenty-four (2412) months of approval. (Ord. 1138, §2 (Exh. A), adopted 2012)
ATTACHMENT 1
ARTICLE 17.2. PARCEL MERGERS
SECTION:
§8299: Merger Not Required
§8299.1: Processing Of Requested Merger
§8299.2: Review Authority
§8299.3: Conditions Of Approval
§8299.4: Completion Of Merger
§8299.5: Merger Incentives
§8299 MERGER NOT REQUIRED
Two (2) or more contiguous parcels or units of land which have been subdivided under the provisions of this code or the Map Act shall not merge by virtue of the fact that the contiguous parcels are held by the same ownership. No further proceedings under this code shall be required for the purpose of sale, lease or financing, except as provided by this chapter. (Ord. 1138, §3 (Exh. A), adopted 2012)
§8299.1 PROCESSING OF REQUESTED MERGER
Upon request of the legal owner of contiguous parcels, the City may approve the merger of the property in compliance with the California Subdivision Map Act section 66499.20 3/4.
The request shall be in writing and shall be accompanied by data and documents as required by the City Engineer. (Ord. 1138, §3 (Exh. A), adopted 2012) §8299.2 REVIEW AUTHORITY
The City Engineer shall review and approve or conditionally approve each proposed merger when in compliance with the California Subdivision Map Act section 66451.11. The City Engineer may refer any proposed merger to any department or agency that may have an interest in the merger. (Ord. 1138, §3 (Exh. A), adopted 2012) §8299.3 CONDITIONS OF APPROVAL
In approving a merger, the City Engineer may impose reasonable conditions. The reasonableness of conditions imposed by the City Engineer may be appealed to the City Council within ten (10) days of written notice of the conditions in compliance with section 8337 of this code (Appeals). (Ord. 1138, §3 (Exh. A), adopted 2012) §8299.4 COMPLETION OF MERGER
Upon approval, a notice of lot merger shall be filed with the County Recorder. The form and content of the notice shall be as required by the City Engineer. (Ord. 1138, §3 (Exh. A), adopted 2012)
§8299.5 MERGER INCENTIVES
ATTACHMENT 1
Lot Mergers that facilitate affordable or special needs housing shall be evaluated at a reduced rate per the adopted fee schedule of the Community Development Department.
Application processing shall be prioritized throughout the planning entitlement phase to the extent feasible.
ORDINANCE NO. 1236
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH
AMENDING DIVISION 9, CHAPTER 1 OF UKIAH CITY
CODE ARTICLE 17.1 (LOT LINE ADJUSTMENTS)
AND ARTICLE 17.2 (PARCEL MERGERS) TO ENHANCE
APPLICATION PROCESSES AND REVIEW
WHEREAS, on December 7, 2022, the City Council adopted a resolution adopting the 2040 General Plan (Resolution No. 2022-79), as well as a Resolution certifying the EIR, adopting the Findings of Fact and Statement of Overriding Considerations, and approving the Mitigation Monitoring Reporting Program (Resolution No. 2022-78). (State Clearinghouse No. 2022- 050556); and
WHEREAS, the Housing Element contained in the City’s 2040 General Plan specifies implementation measures with a goal to facilitate the consolidation of smaller, multifamily parcels by providing technical assistance to property owners and developers in support of lot consolidation; and
WHEREAS, in 2020, the City of Ukiah received grant funding from California Department of Housing and Community Development through a Local Early Action Planning (LEAP) grant to explore policies and options to facilitate the consolidation of smaller, multifamily parcels by providing technical assistance or incentives to property owners; and WHEREAS, upon evaluating the feasibility of Lot Consolidation incentives and researching the approaches of similar jurisdictions, Community Development staff concluded that additional merger incentives were unwarranted, due to limitations created by existing density restrictions, the City’s zoning pattern, a residential sites inventory that features sufficient capacity, and a lack of adjacent underdeveloped or vacant sites conducive to residential development; and.
WHEREAS, in 2023, the City processed and approved parcel merger (#23-8285) to facilitate the construction of 72-units of multi-family housing in 14 days by prioritizing review, providing technical assistance, and processing the request at a reduced rate, thereby demonstrating the City’s ability to use existing policies to encourage the consolidation of parcels for multifamily residential development; and
WHEREAS, the City of Ukiah is largely built out, future development necessitates that the City’s Lot Line Adjustment policies and procedures be streamlined so that additional infill residential development can be realized; and
WHEREAS, California Government Code, Section 65800 et seq. authorizes the City of Ukiah (“City”) to adopt and administer zoning laws, ordinances, rules, and regulations as a means of implementing the General Plan; and
WHEREAS, pursuant to the California Environmental Quality Act (Pub. Resources Code, 21000 et seq.) (“CEQA”), the City is Lead Agency for the Housing Element, Housing Action Plan and implementation of associated grants; and
WHEREAS, the general rule exemption set forth in Section 15061(b)(3) of the California Environmental Quality Act Guidelines (Title 14, Cal. Code Regs., section 15000 et seq; "CEQA Guidelines") applies to this action because, for the reasons set forth in the staff report accompanying this Ordinance, the Project does not have the potential to cause a significant effect Attachment 2
on the environment and is therefore not subject to CEQA, as the amendments proposed would not expand or reduce the City’s policies or allowances related to Lot Line Adjustment or Lot Mergers but rather ensure consistency with existing plans and only require the application components necessary to determine completeness and ensure compliance with State Law; and WHEREAS, on February 7, 2023, the City Council held a duly noticed public hearing on the subject amendments, and considered evidence presented by City staff, and other interested parties.
NOW, THEREFORE, the City Council of the City of Ukiah hereby finds and declares as follows:
SECTION ONE - FINDINGS AND DECLARATIONS
1. The majority of Division 9, Chapter 1 (Subdivisions) of the Ukiah City Code was adopted in 1958 and updated in 2012 by Ordinance No. 1138. Since that time the City has adopted new plans, such as the Ukiah Municipal Airport Land Use Compatibility Plan (UKIALUCP), as well as altered the naming conventions of City Departments, thereby necessitating minor corrections and clarifications within City Code.
2. The State Subdivision Map Act limits local discretion when acting on lot line adjustments to ensuring that the adjustment will not create a greater number of parcels than existed prior to the adjustment; that the adjustment will not result in an increase in the number of non-conforming parcels; that the adjustment will not increase the non-conformity of any parcel; and that all of the parcels resulting from the adjustment are consistent with the General Plan, Zoning Ordinance, and Building Code.
3. The purpose of the ordinance is to clarify and streamline the lot line adjustment and parcel merger processes, reduce or remove unnecessary application requirements, and encourage, where appropriate, merger of parcels.
4. The amendments proposed would not alter the capabilities or allowances related to Lot Line Adjustment or Lot Mergers, but by streamlining the review process and application requirements, the ordinance would encourage the development of underutilized parcels.
SECTION TWO
Article 17.1 entitled "LOT LINE ADJUSTMENTS," is hereby amended within Division 9 (Planning and Development), Chapter 1 (Subdivisions) of the Ukiah City Code pursuant to the attached Exhibit A.
SECTION THREE
Article 17.2 entitled "PARCEL MERGERS” is hereby amended within Division 9 (Planning and Development), Chapter 1 (Subdivisions) of the Ukiah City Code pursuant to the attached Exhibit A.
SECTION 4
1. SEVERABILITY
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of
the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Ukiah hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
2. EFFECTIVE DATE
This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah and shall become effective thirty (30) days after its adoption.
Introduced by title only on February 7, 2024, by the following roll call vote:
AYES: Councilmembers Orozco, Sher, Rodin, Crane and Mayor Duenas NOES:
ABSENT:
ABSTAIN:
Adopted on February 21, 2024, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________________
Josephina Duenas, Mayor
ATTEST:
_________________________________________
Kristine Lawler, City Clerk
Exhibit A: Ordinance Amending Division 9, Chapter 1 of the Ukiah City Code Article 17.1 (Lot Line Adjustments) and Article 17.2 (Parcel Mergers)
EXHIBIT A
CHAPTER 1
SUBDIVISIONS
ARTICLE 17.1. LOT LINE ADJUSTMENTS
SECTION:
§8294: Purpose
§8295: Applicability
§8296: Application And Processing
§8297: Approval Or Denial Of Adjustment
§8298: Completion Of Adjustment
§8295PURPOSE
This chapter prescribes the procedures for the preparation, filing, processing, and approval or denial of lot line adjustments consistent with the policies of the General Plan, the requirements of this code, and the requirements of Government Code section 66412(d), part of the California Subdivision Map Act ("Map Act"). This chapter also prescribes the procedures for voluntary parcel mergers. (Ord. 1138, §2 (Exh. A), adopted 2012) §8295 APPLICABILITY
As provided by the Subdivision Map Act of the State of California set forth in the Government Code, Sections 65000, et seq., the lot line adjustment procedure is for the purpose of relocating lot lines between four (4) or fewer existing adjoining parcels where the land taken from one parcel is added to an adjoining parcel and where a greater number of parcels than originally existed is not created. For the purpose of this chapter, "adjoining" means touching. (Ord. 1138, §2 (Exh. A), adopted 2012)
§8296 APPLICATION AND PROCESSING
A lot line adjustment application shall be prepared, filed, and processed as prescribed by this section.
A. Application Submittal And Contents: A lot line adjustment application shall include a completed application form and all information and other materials required by the Public Works Department and shall be filed with the Community Development Department.
B. Application Fees: Application fees shall be established from time to time by resolution of the City Council adopted in accordance with the procedures required by law. An applicant must pay the fee when the application is submitted.
C. Application Review: City staff shall review the application for completeness and accuracy. The application may be referred to any City department or any public agency that may be affected or have an interest in the proposed lot line adjustment.
EXHIBIT A
D. Environmental Review: A lot line adjustment is considered a ministerial project and for that reason is not subject to environmental review under the California Environmental Quality Act ("CEQA"). See Pub. Resources Code section 21080, subds. (a), (b)(1) and Sierra Club v. Napa County Bd. of Supervisors (Cal. App. 1st Dist. 2012) 205 Cal. App. 4th 162.
E. Public Notice: No public notice is required as the lot line adjustment application is a ministerial action.
F. Concurrent Permit Processing: When a lot line adjustment is part of a project that requires one or more discretionary planning entitlements and the applicant does not want the lot line adjustment unless the entire project is approved, then the lot line adjustment shall be reviewed as part of the discretionary planning application. In that event, all permits and approvals, including the lot line adjustment, shall be combined into one application, processed concurrently, and acted upon by the highest review authority required by this code based on the entitlements included in the application. (Ord. 1138, §2 (Exh. A), adopted 2012)
§8297 APPROVAL OR DENIAL OF ADJUSTMENT
The City Engineer shall determine whether the parcels resulting from the adjustment will conform with the applicable provisions of this chapter, the City’s General Plan and Zoning Ordinance, Ukiah Municipal Airport Land Use Compatibility Plan, and the California Building and related codes as adopted in the City (hereafter "Building Code"). The City Engineer may approve, conditionally approve, or deny the lot line adjustment in compliance with this section.
A. Required Findings: A proposed lot line adjustment shall be approved if the City Engineer finds all of the following:
1. The adjustment will not create a greater number of parcels than existed prior to the adjustment;
2. The adjustment will not result in an increase in the number of nonconforming parcels;
3. The adjustment will not increase the nonconformity of any parcel; and
4. All of the parcels resulting from the adjustment are consistent with the General Plan, Zoning Ordinance, Ukiah Municipal Airport Land Use Compatibility Plan, and Building Code.
B. Conditions Of Approval: In approving a lot line adjustment, the City Engineer shall adopt conditions only as necessary to conform the adjustment and proposed parcels to the requirements of the General Plan, Zoning Ordinance, Ukiah Municipal Airport Land Use Compatibility Plan, Building Code or to facilitate the relocation of existing utilities, infrastructure, or easements. The City Engineer may not impose conditions or exactions on approval except to conform to such plans, to require payment of taxes, or facilitate relocation of facilities.
EXHIBIT A
C. Appeal: The decision of the City Engineer may be appealed to the City Council. Said appeal shall be filed with the City Clerk within ten (10) days of the date of the decision, shall state the reason(s) for the appeal, and be accompanied by the appeal fee, if any, established by the City Council from time to time by resolution; provided, however, that the City Council decision on the appeal is subject to the provisions of this section regarding findings and conditions of approval. (Ord. 1138, §2 (Exh. A), adopted 2012) §8298 COMPLETION OF ADJUSTMENT
Within twelve (12) months after approval, the lot line adjustment process shall be completed in compliance with this section through the recordation of a deed, after all conditions of approval have been satisfied.
A. Completion By Deed: A lot line adjustment shall not be considered complete or become effective until recordation in the official records of Mendocino County of a grant deed or deeds signed by the record owners. Prior to recordation, the applicant shall submit deeds to the City Engineer for review and approval in compliance with subsection B of this section, and shall pay the review fees. The legal descriptions provided in the deeds, including an accompanying plat, shall be prepared by a qualified registered civil engineer, or a land surveyor licensed or registered in the state in accordance with state law and shall be accompanied by a preliminary title report prepared within fifteen (15) days of the date of submission by a title company, if determined necessary, by the City Engineer.
B. Review And Approval By The City Engineer: The City Engineer shall:
1. Examine the deeds to ensure that all record title owners and lien holders have consented to the adjustment;
2. Verify that all conditions of approval have been satisfactorily completed and that the deeds are in substantial compliance with the lot line adjustment as approved by the review authority;
3. If satisfied that the deeds comply with the above requirements, place an endorsed approval upon the deeds; and
4. After approval of the legal description, assemble the deeds and return them to the applicant's title company for recordation.
C. Expiration: The approval of a lot line adjustment shall expire and become void if the adjustment has not been completed as required by this section within twenty-four (24) months of approval. (Ord. 1138, §2 (Exh. A), adopted 2012) ARTICLE 17.2. PARCEL MERGERS
SECTION:
§8299: Merger Not Required
§8299.1: Processing Of Requested Merger
EXHIBIT A
§8299.2: Review Authority
§8299.3: Conditions Of Approval
§8299.4: Completion Of Merger
§8299.5: Merger Incentives
§8299 MERGER NOT REQUIRED
Two (2) or more contiguous parcels or units of land which have been subdivided under the provisions of this code or the Map Act shall not merge by virtue of the fact that the contiguous parcels are held by the same ownership. No further proceedings under this code shall be required for the purpose of sale, lease or financing, except as provided by this chapter. (Ord. 1138, §3 (Exh. A), adopted 2012)
§8299.1 PROCESSING OF REQUESTED MERGER
Upon request of the legal owner of contiguous parcels, the City may approve the merger of the property in compliance with the California Subdivision Map Act. The request shall be in writing and shall be accompanied by data and documents as required by the City Engineer. (Ord. 1138, §3 (Exh. A), adopted 2012)
§8299.2 REVIEW AUTHORITY
The City Engineer shall review and approve or conditionally approve each proposed merger when in compliance with the California Subdivision Map Act. The City Engineer may refer any proposed merger to any department or agency that may have an interest in the merger. (Ord. 1138, §3 (Exh. A), adopted 2012)
§8299.3 CONDITIONS OF APPROVAL
In approving a merger, the City Engineer may impose reasonable conditions. The reasonableness of conditions imposed by the City Engineer may be appealed to the City Council within ten (10) days of written notice of the conditions in compliance with section 8337 of this code (Appeals). (Ord. 1138, §3 (Exh. A), adopted 2012) §8299.4 COMPLETION OF MERGER
Upon approval, a notice of lot merger shall be filed with the County Recorder. The form and content of the notice shall be as required by the City Engineer. (Ord. 1138, §3 (Exh. A), adopted 2012)
§8299.5 MERGER INCENTIVES
Lot Mergers that facilitate affordable or special needs housing shall be evaluated at a reduced rate per the adopted fee schedule of the Community Development Department.
Application processing shall be prioritized throughout the planning entitlement phase to the extent feasible.
Agenda Item No: 8.e.
MEETING DATE/TIME: 2/21/2024
ITEM NO: 2024-1514
AGENDA SUMMARY REPORT
SUBJECT: Possible Adoption of Resolution Authorizing the Submittal of an Application to the California Department of Housing and Community Development for Funding under Round 2 of the Prohousing Incentive Pilot Program; and if Selected, Authorize the City Manager to Execute a Standard Agreement, Any Amendments Thereto, and of Any Related Documents Necessary to Participate in the Prohousing Incentive Pilot Program, as well as Authorization of the Corresponding Budget Amendments.
DEPARTMENT: Community
Development PREPARED BY: Jim Robbins, Housing and Grants Manager PRESENTER: Jim Robbins, Housing and Grants Manager.
ATTACHMENTS:
1. pip-nofa-2-guidelines
2. pip-nofa-2-app
3. PIP - Proposed Resolution
4. 2017_Housing_Strategy
Summary: Council will consider the adoption of a resolution authorizing submittal of an application to the California Department of Housing and Community Development (HCD) for $530,000 in funding from Round 2 of the Prohousing Incentive Pilot (PIP) Program; and if the City is selected for award, authorize the City Manager to execute the Standard Agreement, any amendments thereto, and any related documents; and authorize the corresponding budget amendments.
Background: On August 17, 2022, Council unanimously adopted Resolution No. 2022-57, authorizing an application to and participation in the Prohousing Designation Program. The Prohousing Designation Program (PDP) is a program created through the 2019-2020 Budget Act by the State Legislature and implemented by the Department of Housing and Community Development (HCD) to create incentives for jurisdictions that are compliant with state housing element requirements and that have enacted Prohousing local policies. Being awarded a Prohousing designation by HCD enables such jurisdictions to receive additional points or other preference during the scoring of competitive applications for specified housing and infrastructure funding opportunities. The minimum score a jurisdiction must attain to be designated a Prohousing jurisdiction is 30, out of a total of 60 points. Staff submitted the City's Prohousing Program application on October 21, 2022, and received notification from HCD on April 5, 2023 that the City was awarded a Prohousing Designation with 38 points.
On March 1, 2023, Council unanimously adopted Resolution No. 2023-11, authorizing an application for Round 1 of Prohousing Incentive Pilot (PIP) funds. The application was awarded, and the City executed a Standard Agreement with HCD to allocate $455,000 toward “i. the development of low- and moderate-income multifamily rental housing,” or “ii. affordable rental and ownership housing for individuals and households with incomes up to 120 percent of area median income.”
On January 23, 2024, HCD announced the release of a Round 2 Notice of Funding Availability (NOFA) and final Guidelines (Attachment 1) for approximately $9.4 million for the PIP Program. According to HCD, the PIP Program is an “...investment the state is making to reward jurisdictions at the forefront in addressing California's housing crisis..." and "...is designed to reward local governments with Prohousing Designation with
additional funding to accelerate affordable housing production and preservation." Eligible activities include:
i. The development of low- and moderate-income multifamily rental housing. ii. Affordable rental and ownership housing for individuals and households with incomes up to 120 percent of area median income.
iii. Matching portions of funds placed into local or regional housing trust funds. iv. Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund. v. Capitalized reserves for services connected to the creation of new permanent supportive housing, including, but not limited to, developments funded through the Veterans Housing and Homelessness Prevention Bond Act of 2014.
vi. Assisting persons who are experiencing or at risk of homelessness. vii. Accessibility modifications.
viii. Efforts to acquire and rehabilitate foreclosed vacant homes. ix. Homeownership opportunities, including, but not limited to, down payment assistance x. Fiscal incentives or matching funds to local agencies that approve new housing for low- and moderateincome households.
Funding under the PIP Round 2 NOFA and Guidelines follows a formula based on the population size of the local jurisdiction and bonus points based on an eligible applicant’s Prohousing Designation application score, plus an additional $10,000 for each point of the score. For example, an applicant with a Prohousing Designation application score of 35 points will be eligible to receive up to a $350,000 bonus award in addition to the base award. As a jurisdiction with a population of less than 20,000, the City's base award for Round 2 is $150,000. Based on the preliminary score of 38 points, the maximum funding the City can apply for is $530,000.
Discussion: An award of funding from the PIP program would help fulfill goals included in the City's 2017 Housing Strategy (Attachment 4). The Housing Strategy includes the creation of a Housing Trust Fund (UHTF), which was completed in 2017. Furthermore, it lists activities to be funded by the UHTF, such as "1.
Creation of new affordable units; 2. Purchase of vacant and underutilized land (land assembly) for the purpose of facilitating future affordable housing production; 5. Preservation of existing affordable housing; and 9.
Predevelopment assistance to non-profit and for-profit developers with project feasibility and preliminary design studies for potential affordable housing projects." An award of funding from the PIP program would also help fulfill one of the goals in the City’s 2019-2027 Housing Element. Policy 2-2 under Goal H-2 notes the City should “encourage the development of a variety of different types of housing,” and Policy 5-3 under Goal H-5 encourages staff to “assume a leadership role in the development of all types of housing in the community.”
In response to the PIP Round 2 NOFA, Staff is recommending Council authorize an application (Attachment 2) in the amount of $530,000 for the following eligible activities:
1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low-, very low-, low-, and moderate-income households, including necessary operating subsidies.
2) Affordable rental and ownership housing for individuals and households with incomes up to 120 percent of area median income (AMI).
3) Homeownership opportunities, including, but not limited to, down payment assistance.
Staff recommends Council adopt the Resolution in Attachment 3 authorizing submittal of an application to HCD for $530,000 in funding under Round 2 of the Prohousing Incentive Pilot Program; and if the City is selected for award, authorize the City Manager to execute the standard agreement, any amendments thereto, and any related documents necessary; and authorize any corresponding budget amendments.
Recommended Action: Adopt resolution authorizing submittal of an application from the City of Ukiah to HCD for $530,000 in funding under Round 2 of the Prohousing Incentive Pilot Program; and if the City is selected for award, authorize the City Manager to execute the standard agreement, any amendments thereto, and any related documents necessary; and authorize any corresponding budget amendments.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: HCD PIP Program
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Craig Schlatter, Community Development Director DIVERSITY-EQUITY INITIATIVES (DEI): Goal 5 – Instill diversity, equity, and inclusion as essential core elements of policy-making, accountability, and delivery of City services.
CLIMATE INITIATIVES (CI):
GENERAL PLAN ELEMENTS (GP): GP-A8 - Housing Element (2019-2027) 2d: Pursue additional funding sources to augment the Ukiah Housing Trust Fund, creating a permanent source of funding for affordable housing.
Prohousing Incentive Program
Guidelines
State of California
Governor Gavin Newsom
Melinda Grant, Undersecretary
Business, Consumer Services and Housing Agency
Gustavo Velasquez, Director
California Department of Housing and Community
Development
Megan Kirkeby, Deputy Director
Division of Housing Policy Development
2020 West El Camino, Suite 500
Sacramento, CA 95833
Website: https://www.hcd.ca.gov/grants-and-funding/programs-active/prohousing-incentive-program Email: [email protected]
January 23, 2024
Attachment 1
Contents
Section 100: Introduction...........................................................................................................1 Section 101: Scope and Authority................................................................................................... 1 Section 200: Eligibility................................................................................................................2 Section 201: Eligible Applicants ...................................................................................................... 2 Section 202: Threshold Requirements........................................................................................... 2 Section 300: Application Requirements ...................................................................................3 Section 301: Application Content.................................................................................................... 3 Section 302: Application Submittal................................................................................................. 4 Section 400: Application Review...............................................................................................4 Section 401: Application Process.................................................................................................... 4 Section 402: Base Award and Bonus Award Calculation ......................................................... 5 Section 403: Scoring – Tie Breaker................................................................................................. 5 Section 404: Geographic Categories.............................................................................................. 5 Section 500: Eligible Award Calculation...................................................................................6 Section 600: Uses of Funds .......................................................................................................7 Section 601: Eligible Uses................................................................................................................. 7 Section 700: Administration ......................................................................................................8 Section 701: Fiscal Administration ................................................................................................. 8 Section 702: Accounting Records, Audits, Remedies of Non-performance, and Reporting.............................................................................................................................................. 10 Section 800: Right to Modify or Suspend and Final Decision-making ................................14 Attachment A: Enabling Legislation .......................................................................................15 Attachment B: Required Resolution Template ......................................................................21 Attachment C: Definitions........................................................................................................22
1 Prohousing Incentive Program
Section 100: Introduction
The California Department of Housing and Community Development (Department/HCD) is pleased to release program guidelines (Guidelines) for funding through the Prohousing Incentive Program (Program). The Prohousing Incentive Program is designed to encourage cities and counties to obtain Prohousing Designation.
The Program is funded through Chapter 364, Statutes of 2017 (SB 2, Atkins), which established the Building Homes and Jobs Trust Fund (Fund). The Fund utilizes real estate transaction fees collected at a county level to establish a permanent source of funding. Five percent of annual collections are deposited in a fund to be used for an incentive program.
The Program awards funds based on the Eligible Applicant’s Prohousing Designation Program Score (as codified in the California Code of Regulations Title 25 Housing and Community Development, Division 1, Chapter 6, Subchapter 6.6, Sections 6600 through 6608, Consecutive Prohousing Designation Program). This round of program funding provides awards for Eligible Applicants to use towards planning and implementation activities related to housing and community development. The content and structure of future rounds of Program funding is subject to change at the Department’s sole discretion.
Section 101: Scope and Authority
These Guidelines are authorized pursuant to Chapter 2.5 of Health and Safety Code (Sections 50470 to 50475). The Guidelines implement, interpret, and make specific provisions for purposes of implementing an incentive program pursuant to Health and Safety Code section 50470, subdivision (b)(2)(C)(i), (hereinafter “Prohousing Incentive Program” or “PIP”).
The Guidelines provide the Department’s plan for the expenditure of PIP funds and the administration of the Program. As such, these Guidelines establish terms, conditions, forms, procedures, and other mechanisms as the Department deems necessary to exercise the powers and perform the duties conferred by Chapter 2.5.
The matters set forth herein are regulatory mandates, and are adopted in accordance with the authorities set forth below:
Section 50470 (d) of the Health and Safety Code states “In consultation with stakeholders, the department may adopt guidelines to implement this section, including
2 to determine allocation methodologies. Any guideline, rule, policy, or standard of general application employed by the department in implementing this chapter shall not be subject to the requirements of the Administrative Procedures Act.” These guidelines are mandated and have the dignity of statutes. (Ramirez v. Yosemite Water Co., 20 Cal. 4th 785, 800 (1999) [stating "“Quasi-legislative regulations … have the dignity of statutes … [and]… delegation of legislative authority includes the power to elaborate the meaning of key statutory terms…”].
Ramirez v. Yosemite Water Co., 20 Cal. 4th 785, 800 (1999) The Department reserves the right, at its sole discretion, to suspend or amend the provisions of these Guidelines, including, but not limited to, grant award amounts.
Section 200: Eligibility
Section 201: Eligible Applicants
(A) Eligible Applicants are limited to cities, counties, and cities and counties. (B) Only Eligible Applicants may submit an application. (C)Eligible Applicants may partner through legally binding agreements with other forms of governments or entities. This includes, but is not limited to, partnerships with other localities, regional governments, housing authorities, school districts, special districts, community-based organizations, Tribal Entities or any duly constituted governing body of an Indian Reservation or Rancheria. (D)Eligible Applicants in partnerships may determine the amount of incentive payments between Eligible Applicants participating in the partnership in consultation with the Department.
(E) Eligible Applicants forming partnerships must submit separate, completed, and signed application packages, including resolutions and a copy of the signed agreement between partners to the Department in order to be awarded funds.
Section 202: Threshold Requirements
Eligible Applicants must meet all of the following threshold requirements for participation in the Program:
(A) An adopted housing element in substantial compliance, as determined by the Department, pursuant to Housing Element Law (Article 10.6 of Gov. Code) in
3 accordance with Government Code section 65585, subdivision (h).
1. Applicants not meeting housing element requirements may be considered to meet this threshold requirement at the discretion of the Department on a case-by-case basis. Criteria for consideration include but are not limited to significant progress in meeting housing element requirements (e.g., a draft found to meet statute, rezoning near completion), proposing activities to meet housing element requirements (e.g., rezoning to accommodate housing needs pursuant to Gov. Code Section 65583(c)(1)) and adoption of a compliant element prior to the award of funds.
(B) Housing Element Annual Progress Report submittal pursuant to Government Code Section 65400 for the current or prior year, as applicable. (C)Prohousing Designation: A completed Prohousing Designation application (per the regulations codified in the California Code of Regulations Title 25 Housing and Community Development, Division 1, Chapter 6, Subchapter 6.6, Sections 6600 through 6608, Consecutive Prohousing Designation Program), with an authorizing resolution, must be submitted prior to or in conjunction with the applicant’s PIP application. PIP awards cannot be made until a Prohousing Designation is obtained, as determined by the Department. (D)A complete application as determined by the Department. (E) A resolution authorizing submittal of the application to the Program that materially comports with the Program’s requirements and is legally sufficient as determined in the Department’s reasonable discretion, including an authorized representative. See Attachment B for required resolution format. (F) Compliance with state and federal housing laws as determined by the sole discretion of HCD.
(G)Demonstration of meeting threshold criteria shall be determined by the Department in its sole and absolute discretion. No documentation of meeting threshold requirements is required in the application unless requested by the Department.
Section 300: Application Requirements
Section 301: Application Content
(A) Eligible Applicants may request an allocation of funds by submitting a complete application to the Department.
4 (B) Application must utilize the forms and manner prescribed in the Department’s application.
(C)The application can be found on the Department’s website at https://www.hcd.ca.gov/grants-and-funding/programs-active/prohousingincentive-program. (D)Eligible Applicants must submit a Government Agency Taxpayer Identification Form for an application to be considered complete.
(E) The Department may request additional information and documentation as appropriate.
(F) The Department may consult with and gather relevant information from any individual, entity, or public agency.
Section 302: Application Submittal
(A) An applicant must submit a completed, signed original application in electronic form.
(B) The Department encourages early applications and will accept applications up to the date and time noted on the cover letter of the Notice of Funding Availability (NOFA).
(C)All applications must be submitted by email to: [email protected].
Section 400: Application Review
Section 401: Application Process
(A) Applications will be reviewed for completeness, eligibility, and for meeting threshold requirements.
(B) Eligible Applicants will have until the date specified in the NOFA to obtain Prohousing Designation. After the specified date, HCD will rank Eligible Applicants that met threshold requirements according to their Prohousing Designation Score, as determined by the Department.
(C)Ranked applications will be sorted by geographic category, as described in Section 404 of these Guidelines.
(D)Priority will be given to Eligible Applicants that have not received PIP funds in prior funding rounds. Eligible Applicants awarded in prior funding rounds will only
5 be eligible to receive an award once all previously unfunded Eligible Applicants receive an award.
Section 402: Base Award and Bonus Award Calculation
(A) Eligible Applicants will receive a base award according to population size (see Section 500). In addition, Eligible Applicants may receive a bonus award up to $500,000.
(B) For the purpose of calculating the bonus award, an Eligible Applicant’s Prohousing Designation Score will be multiplied by 10,000. For example, an Eligible Applicant with a Prohousing Designation Score of 35 points will be eligible to receive up to a $350,000 bonus award in addition to the base award.
The bonus award amount shall not exceed $500,000.
Section 403: Scoring – Tie Breaker
(A) Eligible Applicants that submit complete applications that meet threshold requirements will be awarded in order of rank and priority, as described in Section 401(D), until funding is depleted.
(B) In the event of a tie (i.e., two or more Eligible Applicants have the same Prohousing Designation Score), the Eligible Applicant with the smaller population size will receive funding first.
Section 404: Geographic Categories
(A) Ranked applications will be considered for awards according to six geographic categories, as follows:
1. Southern California: Imperial, Los Angeles, Orange, Riverside, San Bernardino, Ventura, and San Diego
2. Bay Area: Alameda, Contra Costa, Marin, Napa, San Mateo, Santa Clara, Solano, Sonoma, San Francisco
3. San Joaquin Valley: Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus, Tulare
4. Sacramento Area: Amador, El Dorado, Placer, Sacramento, Sutter, Yolo, Yuba
6 5. Central Coast: Monterey, San Benito, San Luis Obispo, Santa Barbara, Santa Cruz
6. North State and Sierra Nevada: Alpine, Butte, Calaveras, Colusa, Del Norte, Glenn, Humboldt, Inyo, Lake, Lassen, Mariposa, Mendocino, Modoc, Mono, Nevada, Plumas, Shasta, Sierra, Siskiyou, Tehama, Trinity, Tuolumne
(B) Funds are made available to each geographic category based upon the percentage of 2030 population projections, as determined by the Department of Finance (see the NOFA).
(C)The total proportion of available funds in geographic categories will not exceed 75 percent of the total amount of the NOFA.
(D) Awards will be funded from each geographic category’s total available funding amount until the funds for that category are depleted. If Eligible Applicants’ awards exceed the funding available to a geographic category, Eligible Applicants may qualify to fulfill their eligible award from the 25 percent residual set-aside in ranking order.
1. In the event of funds being depleted such that a partial award is indicated, the residual set-aside may be utilized to enhance the award at the discretion of the Department.
(E) If both an Eligible Applicant’s geographic category and the residual set-aside have been depleted, that Eligible Applicant may be eligible for remaining funds at the sole discretion of the Department. Remaining funds will come from unutilized money from geographic categories only after Eligible Applicants located in those geographic categories have been awarded.
(F) When all funds have been depleted, the final Eligible Applicant in the ranking will only be eligible for the award amount that remains in the coffer. Eligible Applicants in this position may opt to pull their PIP application until additional funds are made available to fulfill their eligible award amount in potential future funding rounds.
(G)The Department reserves discretion to alter funding amounts and the distribution methodology to advance Program goals and achieve an equitable outcome.
Section 500: Eligible Award Calculation
(A) This program will make funding available to jurisdictions as Prohousing Incentive grants as determined by the NOFA.
7 (B) Maximum total award amounts will be no greater than $2 million per Eligible Applicant. Total potential award amounts are determined by adding an Eligible Applicant’s base award amount with an Eligible Applicant’s bonus award amount, as established by the criteria described in Section 402 of these Guidelines. (C)Base award amounts are based on population estimates as of January 1 of the NOFA year1. See the NOFA for the maximum base award amount that a jurisdiction may receive pursuant to this subdivision2. (D)Eligible Applicants in partnerships with other cities or counties, as allowed by section 201(C) of these Guidelines, may qualify for up to the sum of individual Eligible Applicant base award amounts. For example, two jurisdictions between 50,000 and 99,999 people could submit a proposal for up to $1 million in base awards.
Section 600: Uses of Funds
Section 601: Eligible Uses
Eligible Applicants must use award funds towards planning or implementation activities related to housing and community development limited to activities that conform with eligible uses pursuant to Health and Safety Code section 50470(b)(2)(D):
1. The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low-, very low-, low-, and moderate-income households, including necessary operating subsidies.
2. Affordable rental and ownership housing that meets the needs of a growing workforce earning up to 120 percent of area median income, or 150 percent of area median income in high-cost areas.
3. Matching portions of funds placed into local or regional housing trust funds.
4. Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of Section 34176 of the Health and Safety Code.
1 Population estimates are based on the Department of Finance E-1 report:
https://dof.ca.gov/Forecasting/Demographics/estimates-e1/. 2 Maximum and minimum award amounts may be adjusted by the Department based on demand for the Program.
8 5. Capitalized reserves for services connected to the creation of new permanent supportive housing, including, but not limited to, developments funded through the Veterans Housing and Homelessness Prevention Bond Act of 2014.
6. Assisting persons who are experiencing or at risk of homelessness, including providing rapid rehousing, rental assistance, navigation centers, emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.
7. Accessibility modifications.
8. Efforts to acquire and rehabilitate foreclosed or vacant homes.
9. Homeownership opportunities, including, but not limited to, down payment assistance.
10. Fiscal incentives or matching funds to local agencies that approve new housing for extremely low, very low, low-, and moderate-income households.
Section 700: Administration
Section 701: Fiscal Administration
(A) Grant Execution and Term
1. The Department will notify the grantee if they have been selected for a grant award:
i. After the Standard Agreement has been drawn, the grantee will be provided instructions for signing all required
documents. The grantee must submit all supporting materials and a signed Standard Agreement within the timeline provided in the instructions, or risk forfeiting the grant award; ii. The grant term begins on the day the Department and the grantee have fully executed the Standard Agreement. The Department will notify the grantee and partners when work may proceed under the agreement. However, eligible activities that are approved by the Department may be retroactively reimbursed to the date of the NOFA; and
iii. The end of the grant term will be determined by the state based on the availability of grant funds and the administrative requirements for liquidation.
9 (B) Payment and Accounting of Grant Funds
1. Grant funds cannot be reimbursed until the Standard Agreement has been fully executed.
2. The grantee will be responsible for compiling and submitting all invoices and reporting documents. Invoices must be accompanied by reporting materials where appropriate. Invoices without the appropriate reporting materials will not be paid. Failure to provide requested documentation to HCD could result in exclusion from consideration for grants in future program years.
3. The grantee will submit documentation to the Department detailing actual costs incurred, which must be based on clear and completed objectives and deliverables as outlined in the PIP application, Exhibit E of the Standard Agreement, and any other supplemental forms prescribed by the Department.
4. Supporting documentation may include, but is not limited to, receipts, progress payments, subcontractor invoices, timecards or any other documentation as deemed necessary by the Department to support the reimbursement to the grantee for expenses in accordance with the grantee’s PIP application and these PIP Guidelines.
5. The grantee must bill the state based on clear deliverables outlined in the Standard Agreement or budget timeline. Only approved and eligible costs incurred for work after the NOFA date, and completed and processed prior to the expenditure deadline, will be reimbursable. Approved and eligible costs incurred prior to the NOFA date are ineligible.
6. Work must be completed prior to requesting reimbursement, unless otherwise approved by the Department.
7. Grant fund payment will be made on a reimbursement basis. Project invoices will be submitted to the Department by the grantee on a quarterly basis or, if earlier, upon completion of deliverables.
8. In unique and/or unusual circumstances, the Department may consider alternative arrangements (e.g., disbursements in advance of activity initiation) to reimbursement and payment methods.
Unusual circumstances include but are not limited to feasibility, unavailable funds or lack of resources and substantial progress in expenditure.
10 9. The Department recognizes that budgeted deliverable amounts are based upon estimates. Grantees may request, in writing, a budget adjustment across deliverables subject to written approval by the Department, as long as the total budget does not exceed the maximum amount awarded to the grantee.
10.The Department may withhold grant funds until grant terms have been fulfilled.
11. The Department may withhold eligible program grants in future program years until terms of the Standard Agreement have been fulfilled to the satisfaction of the Department.
12.Each recipient of funds under the Program shall expend those funds no later than June 30, 2026. Final invoices shall be submitted to the Department three months prior to the expenditure deadline.
Section 702: Accounting Records, Audits, Remedies of Non-performance, and Reporting
(A) Accounting Records
1. The contractor is responsible for maintaining records which fully disclose the activities funded by the grant. Adequate documentation of each transaction shall be maintained to permit the determination, through an audit if requested by the state, of the accuracy of the records and the allowability of expenditures charged to grant funds. If the allowability of an expenditure cannot be determined because records or documentation are inadequate, the expenditure may be disallowed, and the state shall determine the reimbursement method for the amount disallowed. The state’s determination of the allowability of any expense shall be final.
2. The grantee, its staff, contractors, and subcontractors shall establish and maintain an accounting system and reports that properly accumulate incurred project costs by line. The accounting system shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for payment vouchers and invoices.
3. The grantee must establish a separate ledger account for receipts and expenditures of grant funds and maintain expenditure details in accordance with the scope of work, project timeline and budget. Separate bank accounts are not required.
11 4. The grantee shall maintain documentation of its normal procurement policy and competitive bid process (including the use of sole source purchasing), and financial records of expenditures incurred during the project in accordance with GAAP.
5. The grantee agrees that the Department or its designee shall have the right to review, obtain, and copy any records and supporting documentation pertaining to the performance of the Standard Agreement.
The grantee agrees to provide the Department or its designee with any relevant information requested.
6. The grantee agrees to permit the Department or the Department’s designee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees who might reasonably have information related to such records and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with statutes, Program Guidelines, and the Standard Agreement.
7. Subcontractors employed by the grantee and paid with moneys under the terms of the Standard Agreement shall be responsible for maintaining accounting records as specified above. The grantee shall monitor and enforce subcontracts accordingly.
(B) Audits
1. At any time during the term of the Standard Agreement, the Department may perform or cause to be performed a financial audit of all phases of the award. At the Department’s request, the grantee shall provide, at its own expense, a financial audit prepared by a certified public accountant. The State of California has the right to review project documents and conduct audits during and over the project life.
2. The grantee agrees that the Department or the Department’s designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance of the Standard Agreement.
3. If a financial audit is required by the Department, the audit shall be performed by an independent certified public accountant. Selection of an independent audit firm shall be consistent with procurement standards contained in Exhibit D, Section 8 of the Standard Agreement.
4. The grantee shall notify the Department of the auditor’s name and address immediately after the selection has been made. The contract for the audit
12 shall allow access by the Department to the independent auditor’s working papers.
5. The grantee is responsible for the completion of audits and all costs of preparing audits.
6. If there are audit findings, the grantee must submit a detailed response acceptable to the Department for each audit finding within 90 days from the date of the audit finding report.
7. The grantee agrees to maintain such records for possible audit after the final payment pursuant to Exhibit D, Sections 8 and 9 of the Standard Agreement, unless a longer period of records retention is stipulated.
8. The grantee shall include in any contract that it enters in an amount exceeding $10,000, the Department’s right to audit the contractor’s records and interview their employees.
9. The grantee shall comply with the caveats and be aware of the penalties for violation of fraud and for obstruction of investigation as set forth in California Public Contracts Code Section 10115.10.
10.The grantee shall retain all books and records relevant to the Standard Agreement for a minimum of five years after the end of the term of the Standard Agreement. Records relating to any and all audits or litigation relevant to the Standard Agreement shall be retained for five years after the conclusion or resolution of the matter.
i. If any litigation, claim, negotiation, audit, monitoring, inspection, or other action has been started before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues which arise from it.
(C)Remedies of Non-performance
1. In the event that it is determined, at the sole discretion of the Department, that the grantee is not meeting the terms and conditions of the Standard Agreement, the grantee shall cease all work under the Standard Agreement immediately upon receiving a written notice from the Department. The Department has the sole discretion to determine that the grantee meets the terms and conditions after a stop work order, and to deliver a written notice to the grantee to resume work under the Standard Agreement.
2. Both the grantee and the Department have the right to terminate the
13 Standard Agreement at any time upon 30 days written notice. The notice shall specify the reason for early termination and may permit the grantee or the Department to rectify any deficiency(ies) prior to the early termination date. The grantee will submit any requested documents to the Department within 30 days of the early termination notice.
3. At any time, if the Department finds the applicant falsely proposed information in the application or as part of the application review, including documentation related to incentive payments (e.g., affordability, enhancements), the Department may require the repayment of funds or decline reimbursement.
4. The Department may, as it deems appropriate or necessary, require the repayment of funds from a grantee, or pursue any other remedies available to it by law for failure to comply with Program requirements (Health and Safety Code section 50515.04(e).
(D)Reporting
1. At any time during the term of the Standard Agreement, the Department may request a performance report that demonstrates satisfaction of all requirements identified in the Standard Agreement with emphasis on eligible activities, eligible uses, ineligible uses, and expenditures, according to timelines and budgets referenced in the Standard Agreement.
2. Grantees shall submit a report, in the form and manner prescribed by the Department, by April 1 of the year following the receipt of funds, and annually thereafter until funds are expended. The annual report shall contain a detailed report which must include, at a minimum:
i. Identification of the eligible activities to which the Grantee committed program funds, and the income levels of households assisted;
ii. Amounts awarded to Subrecipients with the activity(ies) identified; iii. Identification of the eligible activities upon which the contractor expended program funds, and the income levels of households assisted and the affordability level for any units assisted; and iv. Close out report for contracts that were fully expended and in which all activities funded were completed during the fiscal year.
3. The Department may request additional information, as needed.
14 4. Upon completion of all deliverables within the Standard Agreement and prior to processing final invoicing, the awardee shall submit a closeout report.
Section 800: Right to Modify or Suspend and Final Decisionmaking The Department reserves the right, at its sole discretion, to suspend, amend, or modify the provisions of these Guidelines at any time, including, without limitation, the amount of funds available hereunder. If such an action occurs, the Department will notify all interested parties and will post the revisions to the Department’s website. You may subscribe to the Department’s email list here:
http://www.hcd.ca.gov/HCD_SSI/subscribe-form.html.
The Department’s decision to approve or deny an application or request for funding pursuant to the Program, and its determination of the amount of funding to be provided, shall be final.
15 Attachment A: Enabling Legislation
Building Homes and Jobs Act
Chapter 2.5 of the Health and Safety Code (Sections 50470 – 50475) (Chapter 364, Statutes of 2017)
Health and Safety Code 50470.
(a) (1) There is hereby created in the State Treasury the Building Homes and Jobs Trust Fund. All interest or other increments resulting from the investment of moneys in the fund shall be deposited in the fund, notwithstanding Section 16305.7 of the Government Code.
(2) Moneys in the Building Homes and Jobs Trust Fund shall not be subject to transfer to any other fund pursuant to any provision of Part 2 (commencing with Section 16300) of Division 4 of Title 2 of the Government Code, except to the Surplus Money Investment Fund.
(b) Moneys in the Building Homes and Jobs Trust Fund shall be appropriated either through the annual Budget Act, or as provided in this subdivision, in accordance with the following:
(1) Moneys collected on and after January 1, 2018, and until December 31, 2018, shall, upon appropriation by the Legislature, be allocated as follows:
(A) Fifty percent of deposits into the fund shall be made available for local governments to update planning documents and zoning ordinances in order to streamline housing production, including, but not limited to, general plans, community plans, specific plans, sustainable communities strategies, and local coastal programs. Eligible uses also include new environmental analyses that eliminate the need for project-specific review and local process updates that improve and expedite local permitting. (i) Five percent of the funds specified by this subparagraph shall be available for technical assistance to jurisdictions updating specified planning documents. Technical assistance shall be provided by the department and the Governor’s Office of Planning and Research. (ii) The funds to be allocated pursuant to this subparagraph shall be held by the department until a local government submits a request for use. The request shall include a description of the proposed use of the funds in the interest of accelerating housing production. The proposed use of these funds shall be included in the local government’s funding plan and annual reports pursuant to subclauses (II) and (III) of clause (ii) of subparagraph (B) of paragraph (2). Each recipient of funds under the program shall encumber the funds by December 31, 2020, and shall expend those funds no later than December 31, 2023. Any of these funds not allocated by the department within the first two years that those funds are available shall be made available by the department for the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675)).
(B) Fifty percent of deposits into the fund shall be made available to the department to assist persons experiencing or at risk of homelessness,
16 including, but not limited to, providing rapid rehousing, rental assistance, navigation centers, and the new construction, rehabilitation, and preservation of permanent and transitional rental housing. (C) The department shall ensure geographic equity in the distribution and expenditure of funds allocated pursuant to this paragraph. (2) Moneys collected on and after January 1, 2019, shall be allocated as follows:
(A) Twenty percent of all moneys in the fund shall, upon appropriation by the Legislature, be expended for affordable owner-occupied workforce housing.
(B) (i) Seventy percent of moneys deposited in the fund shall, upon appropriation by the Legislature, be made available to local governments as follows:
(I) Ninety percent of the moneys specified in this
subparagraph shall be allocated based on the formula
specified in Section 5306 of Title 42 of the United States Code, in accordance with the distribution of funds pursuant to that formula for the federal Fiscal Year 2017, except that the portion allocated to nonentitlement areas pursuant to that section shall be distributed through a competitive grant program, administered by the department, as follows:
(ia) The department shall award priority points to a
county that has a population of 200,000 or less within
the unincorporated areas of the county, to a local
government that did not receive an award based on
the formula specified in Section 5306 of Title 42 of the United States Code in 2016, and to a local
government that pledges to use the money awarded
pursuant to a competitive grant under this subclause
to assist persons experiencing or at risk of
homelessness, including, but not limited to, providing
rapid rehousing, rental assistance, navigation centers, and the new construction, rehabilitation, and
preservation of permanent and transitional rental
housing.
(ib) Moneys awarded to a local government pursuant
to the competitive grant program shall be used for the
purposes specified in subparagraph (D).
(II) The remaining 10 percent of the moneys specified in this subparagraph shall be allocated equitably among local
jurisdictions that are nonentitlement areas pursuant to the formula specified in Section 5306 of Title 42 of the United States Code for federal Fiscal Year 2017.
(ii) To receive moneys pursuant to this subparagraph, local governments shall document minimum standards including the following:
17 (I) Submit a plan to the department detailing the manner in which allocated funds will be used by the local government in a manner consistent with this paragraph and to meet the local government’s unmet share of the regional housing
needs allocation.
(II) Have a compliant housing element with the state and submit a current annual report pursuant to Section 65400 of the Government Code.
(III) Submit an annual report to the department that provides ongoing tracking of the uses and expenditures of any
allocated funds.
(IV) Funds may be expended for the uses listed in
subparagraph (D). Two or more local governments that
receive an allocation pursuant to this subparagraph may expend those moneys on a joint project that is an authorized use under subparagraph (D).
(V) Prioritize investments that increase the supply of housing to households that are at or below 60 percent of area
median income, adjusted for household size.
(VI) If a local government does not have a documented plan to expend the moneys allocated to it pursuant to this
subparagraph within five years of that allocation, those moneys shall be exempt from the allocation requirements in this paragraph and shall revert to, and be paid and deposited in, the Housing Rehabilitation Loan Fund established
pursuant to Section 50661 to be used for the Multifamily Housing Program (Chapter 6.7 (commencing with Section
50675)) or for technical assistance for local governments. (VII) A local government may petition the department to return any moneys allocated to it pursuant to this
subparagraph. Any moneys returned pursuant to this clause shall be used for the Multifamily Housing Program (Chapter
6.7 (commencing with Section 50675)).
(C) Thirty percent of moneys deposited in the fund shall be made available to the department for use as follows:
(i) Five percent of the moneys deposited in the fund shall, upon appropriation by the Legislature, be used for state incentive programs, including loans and grants administered by the department. If the department receives insufficient funding applications for incentive programs financed pursuant to this clause, the department shall make those funds available for the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675)).
(ii) (I) Subject to subclause (II), 10 percent of the moneys deposited in the fund shall, upon appropriation by the
Legislature, be used to address affordable homeownership
18 and rental housing opportunities for agricultural workers and their families.
(II) On and after January 1, 2020, housing funded pursuant to this clause shall not be rented, sold, or subleased to an agricultural employer, as defined in Section 1140.4 of the Labor Code, or its agent, or a farm labor contractor, as defined in Section 1682 of the Labor Code, or its agent, who employs at least one H-2A worker, as defined in Section 50205, until the expiration of the regulatory agreement or affordability covenant, as applicable. A person or entity who receives funds made available pursuant to this clause on or after January 1, 2020, and expends any of those funds for the purpose of funding predevelopment of, developing, or operating any housing that is rented, sold, or subleased to an agricultural employer, as defined in Section 1140.4 of the Labor Code, or its agent, or a farm labor contractor, as defined in Section 1682 of the Labor Code, or its agent, and who employs at least one H-2A worker, as defined in Section 50205, until the expiration of the regulatory agreement or affordability covenant, as applicable, shall reimburse the department or other state agency that provided those funds, as provided in paragraph (2) of subdivision (b) of Section 50205. This subclause shall not apply to any contract
entered into or any financial assistance provided pursuant to this clause prior to January 1, 2020.
(III) A person or entity who receives funds made available pursuant to this section on and after January 1, 2020, and expends any of those funds for the purpose of funding
predevelopment of, developing, or operating any housing shall submit a declaration to the department declaring the following:
(ia) (Ia) The person or entity is not an agricultural
employer, as defined in Section 1140.4 of the
Labor Code, or its agent, or a farm labor
contractor, as defined in Section 1682 of the
Labor Code, or its agent, who employs at least
one H-2A worker, as defined in Section 50205.
(Ib) The person or entity will not rent, sell, or
sublease any housing funded pursuant to this
chapter to an agricultural employer, as defined
in Section 1140.4 of the Labor Code, or its
agent, or a farm labor contractor, as defined in
Section 1682 of the Labor Code, or its agent,
who employs at least one H-2A worker, as
defined in Section 50205, until the expiration of
19 the regulatory agreement or affordability
covenant, as applicable.
(ib) The declaration described in sub-subclause (ia)
can be met through the inclusion in a regulatory
agreement or affordability covenant, as applicable,
with the department that is signed by the person or
entity receiving funds pursuant to this chapter.
(iii) Fifteen percent of the moneys deposited in the fund shall, notwithstanding any other provision of this section or Section 13340 of the Government Code, be continuously appropriated to the California Housing Finance Agency for the purpose of creating mixed income multifamily residential housing for lower to moderateincome households pursuant to Chapter 6.7 (commencing with Section 51325) of Part 3.
(D) The moneys in the fund allocated to local governments may be expended for the following purposes:
(i) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low, very low, low-, and moderateincome households, including necessary operating subsidies. (ii) Affordable rental and ownership housing that meets the needs of a growing workforce earning up to 120 percent of area median income, or 150 percent of area median income in high-cost areas. (iii) Matching portions of funds placed into local or regional housing trust funds.
(iv) Matching portions of funds available through the Low and Moderate Income Housing Asset Fund pursuant to subdivision (d) of Section 34176 of the Health and Safety Code.
(v) Capitalized reserves for services connected to the creation of new permanent supportive housing, including, but not limited to, developments funded through the Veterans Housing and
Homelessness Prevention Bond Act of 2014.
(vi) Assisting persons who are experiencing or at risk of homelessness, including providing rapid rehousing, rental assistance, navigation centers, emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.
(vii) Accessibility modifications.
(viii) Efforts to acquire and rehabilitate foreclosed or vacant homes. (ix) Homeownership opportunities, including, but not limited to, downpayment assistance.
(x) Fiscal incentives or matching funds to local agencies that approve new housing for extremely low, very low, low-, and moderate-income households.
(3) A state or local entity that receives an appropriation or allocation pursuant to this chapter shall use no more than 5 percent of that appropriation or allocation
20 for costs related to the administration of the housing program for which the appropriation or allocation was made.
(c) Both of the following shall be paid and deposited in the fund:
(1) Any moneys appropriated and made available by the Legislature for purposes of the fund.
(2) Any other moneys that may be made available to the department for the purposes of the fund from any other source or sources.
(d) In consultation with stakeholders, the department may adopt guidelines to implement this section, including to determine allocation methodologies. Any guideline, rule, policy, or standard of general application employed by the department in implementing this chapter shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
21 Attachment B: Required Resolution Template
RESOLUTION NO. [insert resolution number]
A RESOLUTION OF THE [INSERT EITHER “CITY COUNCIL” OR “COUNTY BOARD OF SUPERVISORS”] OF [INSERT THE NAME OF THE CITY OR COUNTY] AUTHORIZING APPLICATION FOR, AND RECEIPT OF, Prohousing Incentive Program funds.
WHEREAS, pursuant to Health and Safety Code 50470 et. Seq, the California Department of Housing and Community Development (Department) is authorized to issue Guidelines as part of an incentive program (hereinafter referred to by the Department as the Prohousing Incentive Program or “PIP”); and WHEREAS the [insert either “City Council” or “County Board of Supervisors”] of [insert the name of the City or County] desires to submit a PIP grant application package (“Application”), on the forms provided by the Department, for approval of grant funding for eligible activities toward planning and implementation activities related to housing and community development as a result of meeting eligibility criteria including but not limited to Prohousing Designation; and WHEREAS, the Department has issued Guidelines and Application on January 23, 2024 in the amount of $9,483,402.17 for PIP;
Now, therefore, the [insert either “City Council” or “County Board of Supervisors”] of [insert the name of the city or county] (“Applicant”) resolves as follows:
SECTION 1. The [insert the authorized designee’s TITLE ONLY] is hereby authorized and directed to submit an Application to the Department in response to the NOFA, and to apply for the PIP grant funds in a total amount not to exceed $__________;
SECTION 2. In connection with the PIP grant, if the Application is approved by the Department, the [insert the authorized designee’s TITLE ONLY] of the [insert the name of the City or County] is authorized and directed to enter into, execute, and deliver on behalf of the Applicant, a State of California Agreement (Standard Agreement) for the amount of [$ enter the dollar amount of the Applicant’s request], and any and all other documents required or deemed necessary or appropriate to evidence and secure the PIP grant, the Applicant’s obligations related thereto, and all amendments thereto; and SECTION 3. The Applicant shall be subject to the terms and conditions as specified in the Guidelines, and the Standard Agreement provided by the Department after approval. The Application and any and all accompanying documents are incorporated in full as part of the Standard Agreement.
Any and all activities funded, information provided, and timelines represented in the Application will be enforceable through the fully executed Standard Agreement. Pursuant to the Guidelines and in conjunction with the terms of the Standard Agreement, the Applicant hereby agrees to use the funds for eligible uses and allowable expenditures in the manner presented and specifically identified in the approved Application.
ADOPTED ON [insert the date of adoption], by the [insert either “City Council” or “County Board of Supervisors”] of [insert the name of the City or County] by the following vote count:
AYES: NAYS: ABSENT: ABSTAIN:
ATTEST: APPROVED AS TO FORM:
[Signature of Attesting Officer]
___________________________________________APPROVED
[Signature of approval]
22 Attachment C: Definitions
Capitalized terms shall have the meanings set forth below:
A. “Department” means the California Department of Housing and Community Development.
B. “Designated Program Year” means the designated time period as indicated in the Notice of Funding Availability (“NOFA”) issued by the Department for each funding round.
C. “Eligible Applicant” means a city, county, or city and county that is in compliance with applicable housing laws as described in section 203 herein.
D. “Extremely Low-Income Households” has the meaning set forth in Health and Safety Code Section 50106.
E. “Low-Income Households” has the meaning set forth for lower-income households in Health and Safety Code Section 50079.5.
F. “Preserved” means units Preserved at affordable housing costs to lower-income households by acquisition of the units or the purchase of affordability covenants and restrictions as described in paragraph (2) of subdivision (c) of Section 65583.1 of the Government Code, except that the city, county, or city and county may have committed assistance at any time during the projection period.
G. “Program” means the Prohousing Incentive Program implemented by these Guidelines.
H. “Prohousing Designation” means the Eligible Applicant has fulfilled the criteria codified at CCR Title 25 HCD Div. 1, Chapter 6, Subchapter 6.6, Sections 6600 through 6607, consecutive prohousing-regulation-text.pdf (ca.gov).
I. “Prohousing Designation Score” means the number of points allocated to a jurisdiction as part of the Prohousing Designation Program for the purpose of determining whether the jurisdiction receives designation, per the regulations codified in the California Code of Regulations Title 25 Housing and Community Development, Division 1, Chapter 6, Subchapter 6.6, Sections 6600 through 6607, Consecutive Prohousing Designation Program.
J. “Substantially Rehabilitated” means units at imminent risk of loss to the housing stock which are Substantially Rehabilitated and therefore represent a net increase in the community’s affordable housing stock as described in paragraph (2) of subdivision (c) of Section 65583.1 of the Government Code, except that the city, county, or city and county may have committed assistance at any time during the projection period.
K. “Very Low-Income Households” has the meaning set forth in Health and Safety Code Section 5015.
Prohousing Incentive Pilot
(PIP) Program
2024 Application for Local Governments
State of California
Governor, Gavin Newsom
Melinda Grant, Undersecretary
Business, Consumer Services and Housing Agency
Gustavo Velasquez, Director
Department of Housing and Community Development
Megan Kirkeby, Deputy Director
Division of Housing Policy Development
Final Filing Date: March 15, 2024
2020 West El Camino Avenue, Suite 500, Sacramento, CA 95833 Website: https://www.hcd.ca.gov/grants-and-funding/programs-active/prohousingincentive-program Email: [email protected]
Attachment 2
X
X
X
X
X
X
Prohousing Incentive Pilot (PIP) Program Application Instructions The applicant is applying to the Department of Housing and Community Development (Department) for a grant authorized under the provisions pursuant to Health and Safety Code Section 50470(2)(C)(i). PIP is designed to encourage cities and counties to achieve Prohousing Designation. Please refer to the PIP Guidelines and 2024 Notice of Funding Availability (NOFA) for detailed information on eligible uses and awards. If you have questions regarding this application or the PIP Program, email [email protected].
If approved for funding, the PIP application is incorporated as part of your Standard Agreement with the Department. To be considered for funding, all sections of this application, including attachments if required, must be complete and accurate.
In order to be considered for funding, all applicants must submit a complete, signed application to [email protected] by March 15, 2024. Pursuant to Section 202 of the PIP Guidelines, all applicants must meet the following threshold requirements to be eligible for funding:
An adopted housing element in substantial compliance, as determined by the Department, pursuant to Housing Element Law (Article 10.6 of Gov. Code) in accordance with Government Code section 65585, subdivision (h).
Threshold Requirements
Demonstration of meeting threshold criteria shall be determined by the Department in its sole and absolute discretion. No documentation of meeting threshold requirements is required in the application unless requested by the Department.
Housing Element Annual Progress Report submittal pursuant to Government Code Section 65400 for the current or prior year, as applicable.
Prohousing Designation: An awarded or completed Prohousing Designation Application with an authorizing resolution must be submitted prior to or in conjunction with the Applicant’s PIP Application. PIP Awards cannot be made until a Prohousing Designation is awarded.
A complete application as determined by the Department.
An authorizing resolution authorizing submittal of the application to the Program that materially comports with the Program’s requirements and is legally sufficient as determined in the Department’s reasonable discretion, including an authorized representative. See Attachment B of the PIP Guidelines for required resolution format.
Compliance with state and federal housing laws as determined by the sole discretion of HCD.
Applicant
Applicant Agency Type
Mailing Address
City Zip Code
County
Website
DUNS Number
TIN
Authorized Representative Name
Authorized Representative Title
Phone Fax
Email
Contact Person Name
Contact Person Title
Phone Fax
Email
Signature Date
Name Title
94-6000446
Sage Sangiacomo
City Manager
707-463-6221
[email protected]
Jim Robbins
707-463-6204
Applicant Information
City of Ukiah
City
300 Seminary Ave
Ukiah 95482
Mendocino
https://cityofukiah.com
74642893
Sage Sangiacomo
2/23/2024
City Manager
As the official designated by the governing body (authorized representative above and in resolution), I hereby certify that, if approved by HCD for funding through PIP, the applicant assumes the responsibilities specified in the NOFA and certifies that the information, statements, and other contents contained in this application are true and correct. 707-463-6204
Housing and Grants Manager
707-463-6708
[email protected]
X
X
X
Statement of Work Plan
Acquisition of infill parcel(s) for Affordable Housing
Research and prep to initiate search for parcels
List of approriate parcels
"Comparables" report of eligible parcels
One or more willing seller letters for purchase of parcel or parcels
Phase I enviornmental site assessment
Documentation of escrow process or escrow agreement
Conformed copy of recorded title document
Begin
Jan-25
25-Jan
5/1/2025
9/1/2025
12/1/2025
4/1/2026
10/1/2026
3/1/2027
City of Ukiah
City of Ukiah
City of Ukiah
Est. Cost
$530,000
$1,000
$2,000
$7,500
$2,500
$10,000
Notes i or ii Housing projects developed with PIP funds will include an affordability period of at least 55 years.
Subtask 9 City of Ukiah i or ii TBD: Draft of Loan agreement with selected developer(s) Subtask 8 City of Ukiah 7/1/2027 i or ii TBD: Draft of NOFA or RFP 11/1/2027
$2,000
$2,000
10/31/2027
6/30/2028
Release of NOFA and/or RFP for ENA to select housing
development partner(s)
Loan agreement(s) with selected developer(s) of low/mod income or workfroce housing
Any funds not expended for Subtasks 1, 2, 3, 4, 5, 6, 8, or 9 will be allocated to Subtask 7.
Subtask 7 $500,000 30-Jun i or ii
Subtask 6 $3,000 6/30/2027 i or ii
Subtask 5 9/30/2026 i or ii
Multifamily Housing
Notes
incl: pre-development, development, acquisition, rehab., and/or preservation, incl. nec. op. subsid.
Eligible Use Category
i or ii
End
Jun-28
Subtask 1 5/30/2025 i or ii City of Ukiah staff time
Subtask 2 8/31/2025 i or ii City of Ukiah staff time
Subtask 3 11/30/2025 i or ii
Subask 4 3/31/2026 i or ii
Eligible Applicants must use award funds towards any planning or implementation activities related to housing and community development including, but not limited to, any eligible uses pursuant to Health and Safety Code section 50470(b)(2)(D), as described below. Please indicate which of the following the applicant will use award funds toward:
Eligible Uses
Objective
Summary of Proposed Activities
(v) Capitalized reserves for services connected to the creation of new permanent supportive housing, including, but not limited to, developments funded through the Veterans Housing and Homelessness Prevention Bond Act of 2014. (vi) Assisting persons who are experiencing or at risk of homelessness, including providing rapid rehousing, rental assistance, navigation centers, emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing. (i) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low, very low, low-, and moderate-income households, including necessary operating subsidies. (ii) Affordable rental and ownership housing that meets the needs of a growing workforce earning up to 120 percent of area median income, or 150 percent of area median income in high-cost areas. (iii) Matching portions of funds placed into local or regional housing trust funds. (vii) Accessibility modifications.
(viii) Efforts to acquire and rehabilitate foreclosed or vacant homes. (ix) Homeownership opportunities, including, but not limited to, downpayment assistance. (x) Fiscal incentives or matching funds to local agencies that approve new housing for extremely low, very low, low-, and moderate-income households. (iv) Matching portions of funds available through the Low and Moderate Income Housing Asset Fund pursuant to subdivision (d) of Section 34176 of the Health and Safety Code.
Responsible Party
City of Ukiah
City of Ukiah
City of Ukiah
City of Ukiah
City of Ukiah
Jurisdiction Name Eligible Base Award
Geographic Category Bonus Award Amount:
Prohousing Designation Application
Score 38 Total Award $ 530,000
Award Amount
Ukiah $ 150,000
North State and Sierra Nevada
Click the dropdown menu to choose a jurisdiction. The geographic category and base award will auto-populate. If the jurisdiction has obtained Prohousing Designation at the time of PIP application submittal, enter in the Prohousing Designation applicant score.
Population projections are based on the Department of Finance E-1 Jan 1, 2023 estimates. https://dof.ca.gov/Forecasting/Demographics/estimates-e1/ $ 380,000
Attachment 3
RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING APPLICATION
FOR, AND RECEIPT OF, PROHOUSING INCENTIVE PILOT PROGRAM FUNDS WHEREAS, pursuant to Health and Safety Code 50470 et. Seq, the Department of Housing and Community Development (Department) is authorized to issue Guidelines as part of an incentive program (hereinafter referred to by the Department as the Prohousing Incentive Pilot Program or “PIP”); and WHEREAS, the City Council of the City of Ukiah desires to submit a PIP grant application package (“Application”), on the forms provided by the Department, for approval of grant funding for eligible activities toward planning and implementation activities related to housing and community development as a result of meeting eligibility criteria including but not limited to Prohousing Designation; and WHEREAS, the Department has issued Guidelines and Application on January 23, 2024 in the amount of $9,483,402.17 for PIP;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UKIAH AS FOLLOWS:
1. The City Manager is hereby authorized and directed to submit an Application to the Department in response to the NOFA, and to apply for the PIP grant funds in a total amount not to exceed $530,000;
2. In connection with the PIP grant, if the Application is approved by the Department, the City Manager of the City of Ukiah is authorized and directed to enter into, execute, and deliver on behalf of the Applicant, a State of California Agreement (Standard Agreement) for the amount of $530,000, and any and all other documents required or deemed necessary or appropriate to evidence and secure the PIP grant, the Applicant’s obligations related thereto, and all amendments thereto; and
3. The Applicant shall be subject to the terms and conditions as specified in the Guidelines, and the Standard Agreement provided by the Department after approval. The Application and any and all accompanying documents are incorporated in full as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the Application will be enforceable through the fully executed Standard Agreement. Pursuant to the Guidelines and in conjunction with the terms of the Standard Agreement, the Applicant hereby agrees to use the funds for eligible uses and allowable expenditures in the manner presented and specifically identified in the approved Application.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ukiah on this 21st day of February, 2024, by the following roll call vote count:
AYES:
NAYS:
ABSENT:
ABSTAIN:
_____________________________
Josefina Dueñas, Mayor
ATTEST:
______________________________________
Kristine Lawler, City Clerk
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Attachment 4
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Agenda Item No: 8.f.
MEETING DATE/TIME: 2/21/2024
ITEM NO: 2024-1522
AGENDA SUMMARY REPORT
SUBJECT: Consideration of an Amendment to Contract for Medical Control Oversight with Dr. Brandon Begley, Increasing the Annual Compensation to $52,000.00 for the Third Year of the Contract.
DEPARTMENT: Fire PREPARED BY: Doug Hutchison, Fire Chief PRESENTER: Doug Hutchison - Fire Chief
ATTACHMENTS:
1. ASR - Item 7e 3-17-21
2. Contract 2021-181
3. Amendment 1 - Draft
Summary: Council will consider Amendment No. 1 to City of Ukiah Contract No. 2021-181, a Professional Services Agreement for Medical Direction Oversight with Dr. Brandon Begley in the amount of $52,000.00 for the third year of the contract and initiate termination of the existing contract at the end of the third year.
Background: All agencies in California that provide Advanced Life Support (ALS) services are required to have a Medical Director for oversight of the program under Title 22 regulations. In 2021, the Ukiah Valley Fire Authority (UVFA) contracted with Dr. Brandon Begley for these services as approved by Council (Attachment #1). The resulting contract is provided for as Attachment 2; services began on June 1, 2021.
Discussion: In 2023, the Ukiah Valley Fire Authority implemented a new Continuous Quality Improvement (CQI) program, which provides for the objective review of 100% of all Patient Care Reports (PCRs) submitted by our team members. Previously, these reviews were performed by select on-duty team members as part of their assigned duties. However, due to increasing call volumes and task saturation from additional assigned duties, it became unmanageable to review all the PCRs in-house, so Staff sought outside assistance.
Dr. Begley was already under contract with UVFD, primarily supplying the department authorization to purchase required controlled substances a few times per year and had very limited, on-call oversight of the (then) limited CQI program. Under the more comprehensive 2023 program, Dr. Begley, as our Medical Director, is now directly involved in the PCR reviews, which he had not been in the past. Dr. Begley receives weekly reports from the CQI team of reports requiring his review and determination. Additionally, he engages directly with our paramedics individually if any issues are identified through the process. This has led to a significant increase in the time commitment on his part in support of our Paramedic program and quality improvement efforts, as the Ukiah Valley fire Authority wrote over 3,000 PCRs in 2023. While not all of those required Dr. Begley's review, a large portion did, particularly in the beginning, as the new system was being rolled out.
Additionally, part of Dr. Begley's original compensation amount was to cover the extra costs of insurance required for this specific service; those costs have risen as well, from $4,000 to $6,000. Thus, Amendment #1 (Attachment #3) increases the total compensation for his services for the third year (June 2023 - Jun 2024) of the contract from $10,000 to $52,000.00 to compensate for the increased scope of services and insurance costs.
Given the expanded scope and continued need for services now required, Staff recommends initiating the
termination of the existing (2021) contract with Dr. Begley at the end of May 2024 and preparing a new procurement with a current scope of work for ongoing services, with the expectation of uninterrupted service delivery.
Recommended Action: Approve amendment to contract for Medical Control Oversight with Dr. Brandon Begley, increasing the annual compensation to $52,000.00 for the third year of the contract.
BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: 10521210.52112: $41,600; 71021100.52112: $10,400 PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: 2021181
COORDINATED WITH:
DIVERSITY-EQUITY INITIATIVES (DEI):
CLIMATE INITIATIVES (CI):
GENERAL PLAN ELEMENTS (GP):
Agenda Item No: 7.e.
MEETING DATE/TIME: 3/17/2021
ITEM NO: 2021-761
AGENDA SUMMARY REPORT
SUBJECT: Consideration and Possible Action to Enter into a Professional Services Agreement with Dr.
Brandon Begley, MD, to Provide Medical Direction Oversight to the Ukiah Valley Fire Authority (UVFA) for Paramedic Services.
DEPARTMENT: Fire PREPARED BY: Doug Hutchison, Fire Chief PRESENTER: Consent Calendar
ATTACHMENTS:
1. Medical Director SOW and Functionsv_1
Summary: Council will consider approval of a contract with Dr. Brandon Begley, MD to provide Medical Direction oversight.
Background: Every agency providing Advanced Life Support (ALS) in California is required by Title 22 regulations to have a Medical Director to provide oversight to ALS providing agencies. By these provisions the agency’s paramedics work under the Doctor's medical license.
Discussion: The Ukiah Valley Fire Authority (UVFA) provides ALS care daily with ambulance service and ALS capabilities on staffed fire engines. Current Medical Director services are limited to signatures for required pharmaceutical purchases, including controlled substances. The proposed agreement will provide the Fire Authority with Medical Director services that will expand existing services to include continuing education, provide oversight and quality assurance of our paramedics, and assist with protocol development and implementation.
Dr. Begley was chosen for his extensive experience in emergency medicine. Dr. Begley started his medical career as a Paramedic and thus is acutely aware of the job and what it entails. Dr. Begley is a practicing Emergency Department physician, and also serves as the medical director for Med Star ambulance. As such, Dr. Begley will be able to provide the service that we need to continuously increase the effectiveness of our Paramedic program, as well as the quality of care that we provide.
Attachment 1 shows a Scope of Work and Essential Functions of the Medical Director for the UVFA.
Recommended Action: Approve a three-year Professional Services Agreement with Brandon Begley, MD, to provide Medical Direction oversight, at an amount not to exceed $10,000.00 per year.
BUDGET AMENDMENT REQUIRED: No.
CURRENT BUDGET AMOUNT: 10021210.52112: $5,000.00; 71021000.52112: $3,000 PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
ATTACHMENT 1
COORDINATED WITH: Doug Hutchison- Fire Chief, Justin Buckingham- Battalion Chief
ATTACHMENT 2
COU 2021-181-A1
CITY OF UKIAH
AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
DR. BRANDON BEGLEY and THE CITY OF UKIAH
This Amendment No. 1, entered on _______, 2024 revises the Agreement for Professional services dated May 1, 2021 between the City of Ukiah and Dr. Brandon Begley for consulting services relating to Advanced Life Support Medical Direction.
This Amendment No. 1 adds an additional $42,000 for year three of the agreement. This revises the total, not-to-exceed amount for all three years combined to $72,000.
Except as expressly amended by this Amendment, all other terms remain unchanged and in full force and effect.
IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS
AMENDMENT ON THE EFFECTIVE DATE:
CONSULTANT
BY: DATE:
PRINT NAME:
CITY OF UKIAH
BY: DATE:
SAGE SANGIACOMO, CITY MANAGER
ATTEST
BY: DATE:
KRISTINE LAWLER, CITY CLERK
ATTACHMENT 3
Agenda Item No: 8.g.
MEETING DATE/TIME: 2/21/2024
ITEM NO: 2024-1528
AGENDA SUMMARY REPORT
SUBJECT: Authorize City Manager or Designee to Accept Chapter 11 Bankruptcy Plan for Claims Related to Opioid Settlement Funds Allocated to the City of Ukiah.
DEPARTMENT: City Attorney PREPARED BY: Darcy Vaughn, Assistant City Attorney PRESENTER: Darcy Vaughn, Assistant City Attorney
ATTACHMENTS:
1. Official Committee of Opioid Claimants Letter
Summary: The City Council is asked to authorize the City Manager or his designee to accept Chapter 11 Bankruptcy Plan as holder of Local Government Opioid Claim against Endo International, a defendant in the National Opioid Settlement.
Background: Pharmaceutical company Endo International Plc ("Endo") is one of the defendants in the complex national opioid litigation. Endo has been accused of fueling the opioid crisis through illegal promotion of painkiller, Opana ER. Endo filed for bankruptcy in August 2022, seeking to address its $8 billion debt load and to settle thousands of lawsuits over allegations of its role in the opioid epidemic. As part of its bankruptcy, Endo has committed to pay $465 million to U.S. states, $119.7 million to people affected by opioid addiction, and $11.5 million to a trust for future opioid claimants. The case is titled In re Endo International, U.S.
Bankruptcy Court for the Southern District of New York, No. 22-22549. The docket for the Chapter 11 bankruptcy case, as well as all case documents, can be found at https://restructuring.ra.kroll.com/Endo/ The City of Ukiah is considered a holder of Local Government Opioid Claims and is eligible to receive distributions from the State of California in accordance with the State's opioid abatement programs. At this time, Staff has not been able to locate information about 1) the amount of California's share of the $465 million to be paid to the states (aka the "Public Opioid Consideration") as part of the Chapter 11 Bankruptcy Plan or 2) the percentage of California's distribution of the Public Opioid Consideration that will be allocated to the City as a Local Government Opioid Claim holder. That information will be provided to Council when available.
While Council has already authorized the City Manager to execute ongoing participation documents related to the National Opioid Settlements, as the Endo settlement involves a slightly different issue, i.e. acceptance of Endo's Chapter 11 Bankruptcy plan, Staff asks that Council confirm that the City Manager is authorized to accept the Chapter 11 Bankruptcy Plan for distribution of settlement funds to claimants in this matter.
Discussion: The opioid crisis has had a significant and devastating impact on the Ukiah community. Given the limited amount of funding allocated to the City and the urgency of addressing the opioid crisis, Staff recommends that the City Council authorize the City Manager or his designer to accept the Chapter 11 Bankruptcy Plan for distribution of settlement funds to claimants in this matter.
As a holder of a Local Government Opioid Claim, the City is part of a voting class in the Endo Chapter 11 Bankruptcy. The City has been asked to vote on whether to accept the proposed Chapter 11 Bankruptcy plan in this matter. Included as Attachment 1 to this report is a letter from the Official Committee of Opioid Claimants (the “OCC”) appointed in the bankruptcy case. The OCC recommends that all holders of claims against Endo vote to accept the plan. While the OCC's letter is more concerned with private citizen claims
against Endo, as opposed to the public opioid claimant group, one rationale for OCC's recommendation is entirely applicable to government claimants: "he certainty of cash in the near term was more important than the more speculative possibility of value from non-cash and contingent assets, such as the rights to seek recovery from the Debtors’ insurance assets or prosecute causes of action against third parties." As noted above, the City, as a holder of a Local Government Opioid Claim, shall be eligible to receive distributions from California's share of the $460,048,000 Public Opioid Consideration. On the effective date of the Chapter 11 plan, this amount will be distributed to the Public Opioid Trust to be established for administration and payment of all State Opioid Claims. Note that the Chapter 11 plan indicates that the Trust will be formed, and distributions from the Public Opioid Consideration will be made, in accordance with the "Public Opioid Distribution Documents." However, such Documents, which will consist of a "Transaction Support Agreement" and a "Public Opioid Trust Agreement" will not be drafted until after the Chapter 11 plan goes into effect.
Despite the fact that the amount of funds the City may recover as a holder of a Local Government Opioid Claim pursuant to the Chapter 11 plan is unknown at this time, the fact that the State of California has not entered into a separate settlement agreement with Endo means that the City's recovery as local government entity within California will be limited to a percentage of the Public Opioid Consideration. Given the certainty of a cash payment to satisfy the City's claims versus an uncertain recovery through protracted litigation, staff concurs in the OCC's recommendation that the City accept the proposed Chapter 11 Bankruptcy Plan for its claims against Endo. The City's eventual allocation of the Public Opioid Consideration will be used in the same manner as the Settlement Funds the City has received and will receive as part of the National Opioid Settlement, i.e., specific purposes related to opioid remediation, including but not limited to substance abuse disorder facilities, SUD treatment infrastructure, support for communities of color and vulnerable populations, diversion programs from the justice system, and interventions to prevent drug addiction among vulnerable youth.
At the Regular City Council meeting of October 4, 2023 (Item 13c), the City Council directed that the City allocate, "the entire amount of the settlement funds, without deduction for administration costs, toward the development and enhancement of substance abuse treatment facilities within the city limits. The City's General Fund will fund the cost of all administrative and internal services related to the use of settlement funds. This approach aligns directly with the intent of the Allocation Agreements and will have a more sustainable, immediate and direct impact on addressing the opioid crisis in our community. Allocating the settlement funds exclusively to substance abuse treatment infrastructure aligns with the overarching goal of addressing the opioid epidemic and supporting those most affected. By not deducting administration costs, the City can maximize the impact of these funds and ensure that they are directed toward the front lines of the opioid crisis." Any funds received through Endo's Chapter 11 Bankruptcy Plan would also be managed in this manner.
Recommended Action: Authorize the City Manager or designee to accept Chapter 11 Bankruptcy Plan as holder of Local Government Opioid Claim against Endo International, a defendant in the National Opioid Settlement.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: City Manager
DIVERSITY-EQUITY INITIATIVES (DEI):N/A
CLIMATE INITIATIVES (CI):N/A
GENERAL PLAN ELEMENTS (GP):N/A
In re Endo International Plc, Case No. 22-22549 (JLG)
The OCC’s Letter to Opioid Claimants in Support of the Plan To all holders of Opioid Claims against Endo International Plc and its subsidiaries and affiliates (collectively, the “Debtors” or “Endo”):
We write this letter as counsel to, and on behalf of the Official Committee of Opioid Claimants (the “OCC”) appointed in the Debtors’ bankruptcy cases (the “Chapter 11 Cases”) to share the OCC’s views on the Joint Chapter 11 Plan of Reorganization of Endo International Plc and its Affiliates Debtors (the “Plan”)1and the resolution for private2 Opioid Claimants that is part of the Plan (the “OCC Resolution”).
In summary, the OCC recommends that you (a) vote to accept the Plan and (b) grant the third party release by checking the box on your ballot (if you are a PI, NAS, or IERPclaimant) or by not opting out of the release on your ballot (if you are any other type of opioid claimant, such as a Hospital or Third Party Payor).
Your Ballot must be received by February 22, 2024 at 4:00 p.m. (ET) to be counted.
This letter is divided into the following sections:
1. The OCC and its Members
2. The Reasons that the OCC Supports the Plan
3. A Summary of the Chapter 11 Cases
4. The OCC Settlement/the Plan
5. Important Information About Voting and Granting the Releases *****
1 Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Plan. This summary is for informational purposes only and is subject in all respects to the Plan. In the event of a conflict between this summary and the Plan, the Plan controls.
2 The OCC Resolution included in the Plan, and as discussed in this letter, provides recoveries to present private opioid claimants (PI’s, NAS Claimants, Hospitals, Third Party Payors, and Independent Emergency Room Physicians). The Plan provides for separate recoveries for various Public Opioid Claimants: (1) More than 40 states (the majority of which negotiated a resolution with Endo prior to the Petition Date) will receive $273 million on the Effective Date (which will increase to $460 million if paid over 8 years); (2) Tribes will receive up to $15 million paid over 8 years (subject to potential prepayment at a discount); (3) certain Canadian governmental entities will receive up to $7.25 million paid over a number of years (subject to potential prepayment at a discount); and (4) Public Schools will receive up to $3 million paid over a number of years (subject to a potential prepayment at a discount). Local governments in the United States will receive the right to participate in their applicable State distribution, subject to the determination of each State. Although the OCC did not directly negotiate any of these resolutions, the OCC facilitated many of them and supports all of them. The OCC would also note that Endo paid approximately $240 million in settlement payments prior to chapter 11 to various States, political subdivisions, and one NAS claimant. Therefore, the sum total of Endo’s payment for its opioid liability, on an NPV basis, is more than $600 million, and on a nominal basis, is close to $800 million. The OCC recommends that each State, Public School, Tribe, and Canadian Governmental entity that is subject to these various settlements vote in favor of the Plan and, to the extent applicable, grants the releases. 75795-03
Attachment 1
2 1. The OCC And Its Members
The OCC is the official independent fiduciary for the interests of all Opioid Claimants. Each member of the OCC was appointed by the Office of the United States Trustee (the “UST”)3to serve on the OCC.
The OCC consists of the following unpaid and volunteer members:4
1. Robert Asbury, who serves as a Guardian Ad Litem representing two children afflicted with Neonatal Abstinence Syndrome (“NAS”) who are plaintiffs in a Tennessee lawsuit seeking damages under Tennessee’s Drug Dealer Liability Act from certain of the Debtors.
2. Sabrina Barry, who is a mother and caregiver of two children exposed to opioids in utero.
In 2011, Ms. Barry suffered a car accident. When she was admitted to the hospital for treatment for her injuries, she learned she was pregnant. Without receiving information from her doctors regarding the risks, Ms. Barry was prescribed opioids, including Percocet, throughout her entire pregnancy and for a year and a half after she gave birth.
3. Blue Cross and Blue Shield Association, a national association of 34 independent, community-based Blue Cross and Blue Shield companies (the “BCBS Companies”). The BCBS Companies provide healthcare coverage to one-third of all Americans, including approximately 5.5 million federal employees and annuitants who are members of a health plan established under the Federal Employee Health Benefits Act that BCBSA administers.5
4. Erie County Medical Center Corporation, one of Western New York’s leading hospitals, serving Western New York and its surrounding areas. ECMCC specializes in trauma care, transplantation and kidney care, oncology and behavioral health, including the care and treatment of those afflicted with opioid addiction. ECMCC has been at the forefront of addressing the opioid crisis in Western New York, and has borne the brunt of uncompensated and undercompensated care for harm inflicted by the Debtors. Not only is ECMCC a leader in the treatment and care of those afflicted with opioid addiction, but it also is at the cutting-edge of researching, strategizing and developing new protocols and remedies to fight the opioid crisis to ease the burdens of those affected most. 3 The UST is an agency within the United States Department of Justice (the “DOJ”) tasked, among other things, with determining whether to appoint a committee (or multiple committees) of unsecured creditors to represent the interests of unsecured creditors in chapter 11 cases.
4 For more information about the members of the OCC, we refer you to the Verified Statement of the Official Committee of Opioid Claimants of Endo International plc, et al., Pursuant to Bankruptcy Rule 2019, dated September 27, 2022 [ECF No. 299], a copy of which can be accessed on the Debtors’ case website at:
https://restructuring.ra.kroll.com/endo/Home-DownloadPDF?id1=MTM0NzI1OA==&id2=-1. 5 BCBSA’s claims arise from payments of excessive amounts for prescription medications used by members of private Medicare Part C and Medicaid plans, Federal Employee Health Benefits Act plans and coverage and administrative services for fully insured and self-funded employer health plans under ERISA. BCBSA’s claims also arise from the downstream effects of these opioid prescriptions, including paying for the treatment—emergency treatment and protracted rehabilitation—of current and former members who have suffered the effects of improper opioid prescriptions.
75795-03
3 5. Sean Higginbotham, is the husband of Lisa, whom he met in Texas. Sean and Lisa moved to rural Oklahoma to raise their family. However, a hit-and-run accident left Lisa with severe back problems and intense chronic pain. A number of surgeries and years of use of prescription opioids—including opioids manufactured by certain of the Debtors—did little to solve these issues. By 2012, Lisa had a noticeable change in her personality, having become increasingly reserved and refusing to leave her home. Lisa’s opioid dependence symptoms worsened until her children found her deceased due to an opioid overdose in 2018.
6. Alan MacDonald was prescribed opioids—including oxycodone manufactured by certain of the Debtors—to treat his pain after suffering an injury. Soon thereafter, his growing dependence on opioids affected his life and his family. Mr. MacDonald lost his job, suffered a divorce from his wife and lost custody of his two daughters. He subsequently pursued rehabilitation seeking the help he needed; however, he needed more time than he had to recover from his dependence on opioids. After struggling with recovery for many years, Mr. MacDonald now attends and hosts AA meetings to help others who have also suffered from opioid addiction.
7. Michael Masiowski, M.D., is an independent emergency room physician who has provided emergency opioid treatment services to patients who were uninsured, indigent or otherwise eligible for services through programs such as Medicaid. Dr. Masiowski is the putative class representative for a class of emergency room physicians who have been forced to provide an inordinate amount of emergency room services related to the “opioid epidemic,” either for no compensation or for compensation substantially below market rates.
In addition to these voting members, Rochester City School District serves as an ex officio member of the OCC on behalf of certain public school districts.
On September 8, 2022, the OCC selected Cooley LLP to serve as lead and general bankruptcy counsel and Akin Gump Strauss Hauer & Feld LLP (“Akin”) to serve as special counsel. The OCC selected Province, Inc. (“Province”) to serve as its financial advisor and Jefferies LLC (“Jefferies”) to serve as its investment banker on September 9, 2022. Akin, Province and Jefferies also served as the main legal and financial advisors to the opioid claimants’ committees or official committees of unsecured creditors in the bankruptcy cases of Purdue and Mallinckrodt, and Akin and Province also served as the main legal and financial advisors to the official committee of unsecured creditors in the bankruptcy case of Insys Therapeutics.
*****
2. The Reasons that the OCC Supports the OCC Settlement in the Plan The opioid epidemic is the single worst man-made public health crisis of our time. Countless lives have been devastated by the opioid crisis, and the number continues to grow. The OCC is sensitive to and focused on the harm suffered by every Opioid Claimant and its sole mandate in the Chapter 11 Cases has been to advocate for Opioid Claimants and to do whatever is possible to further the 75795-03
4 efforts of obtaining compensation for victims and abating the opioid crisis resulting from the harm that these particular Debtors have allegedly caused.6
The OCC acknowledges that the OCC Resolution included in the Plan (as well as the other settlements that public opioid claimants have reached) is not perfect and that the amount of money being provided to Opioid Claimants by Endo to resolve the OCC’s objections and issues in the Chapter 11 Cases (as well as to resolve the issues raised by various public opioid claimants) will never provide enough value to make up for the harm allegedly caused by the Debtors—indeed, that no amount of money would ever remedy such harm. The OCC has had to balance this understanding against the need for Opioid Claimants to receive material cash in a meaningful timeframe. This was particularly challenging in these Chapter 11 Cases given the relatively small size of the Debtors’ business, particularly as compared to Purdue (and even Mallinckrodt), and the significant amount of secured financial debt that the Company had (billions of dollars).
After significant work, the OCC concluded that the OCC Resolution embodied in the Plan—i.e., the payment of $119.7 million over two years to Private Opioid Claimants (or $89.7 million if paid entirely on the Effective Date of the Plan)—was the best way now available to meet the OCC’s goals and to ensure that funds reach Opioid Claimants as quickly as possible. The OCC Resolution, along with resolutions reached with public Opioid Claimants both during and before the chapter 11 case, will provide for more than $600 million (net present value) 7 in funding for critical
abatement efforts and victim compensation.
One of the factors that led the OCC to this conclusion is the substantial delay in payments to Opioid Claimants that has occurred in other opioid chapter 11 cases. In Mallinckrodt, for example, the settlement for opioid claimants in Mallinckrodt’s first bankruptcy filing provided for an eight-year payment stream. However, as a result of Mallinckrodt’s second bankruptcy filing, only a portion of those payments were ever made, and the remaining payments were heavily discounted, cutting off hundreds of millions of dollars that would have gone to opioid abatement and victim compensation. In Purdue, as a result of ongoing appeals brought by the DOJ and the UST, opioid claimants other than the DOJ have not received any money from Purdue or the Sackler family since Purdue filed for bankruptcy in September 2019, despite approval of the Purdue plan of reorganization by the bankruptcy court in the fall of 2021. In light of these cases, the OCC negotiated for a resolution that requires that all payments be made within two years of the Effective Date of the Plan. Private Opioid Claimants who filed proofs of claim, elect or are deemed to give the third party releases8and who meet the other relevant criteria for their specific sub-trust can 6 The OCC also considers its mandate in these opioid cases to include doing what it can to protect public health and safety from the results of Endo’s opioid practices. To that end, the OCC was instrumental in negotiating for the appointment of a monitor to oversee Endo’s compliance with the voluntary business injunction it negotiated with the States to ensure that its business practices concerning opioids comply with such injunction. The OCC was also pleased that the States negotiated for the funding of a document repository to include tens of thousands of Endo documents to help educate the public about Endo’s role in the opioid crisis. 7 As noted earlier, Endo paid approximately $242 million in settlement payments to public opioid claimants and one NAS claimant prior to chapter 11. If Endo pays the amounts due under the Plan entirely on the Effective Date—which is likely—the net present value of those payments to Opioid Claimants is approximately $370 million. 8 The third-party releases are discussed in more detail below. 75795-03
5 expect to receive payment on their claim as soon after the Effective Date as the trustees for their trusts are able to do so.
Another factor that led the OCC to support this Plan is the desire to distribute money to Private Opioid Claimants without harming the settlement reached by the State Attorneys General on their public side opioid claims. Private Opioid Claimants are not parties to the approximately $50 billion in settlements negotiated outside of bankruptcy by certain public opioid claimants (including the Federal government, states, political subdivisions and Native American Tribes) with other opioid defendants (i.e., companies not in bankruptcy such as Teva, McKesson and CVS). As a result, private Opioid Claimants have received almost none of the cash distributed to date in connection with those settlements and will receive none in the future. Indeed, to date, private opioid claimants have received only limited distributions in connection with just two bankruptcy cases: Insys and Mallinckrodt. The Endo Plan, conversely, will deliver $119 million to private opioid claimants in two years (or, if prepaid, approximately $90 million on the Effective Date).
A third important factor is the OCC’s determination that the certainty of cash in the near term was more important than the more speculative possibility of value from non-cash and contingent assets, such as the rights to seek recovery from the Debtors’ insurance assets or prosecute causes of action against third parties. This determination was based in part on the immediate need faced by Opioid Claimants, but also—and more importantly—on the OCC’s work to evaluate these contingent assets and the problems that could be encountered in trying to recover from them. The OCC’s advisors conducted extensive diligence regarding the Debtors’ insurance assets, including the Debtors’ access to products liability insurance coverage for claims related to their manufacture, marketing, and sale of opioid products. Based on this diligence, the OCC considered the strengths and weaknesses of any claims against such insurance, as well as potential estate causes of action against other defendants relating to such insurance and determined that the better option, in light of the OCC’s goals set forth above, was to negotiate for payment of cash as soon as possible. The OCC also recognized that even if contingent assets could be more valuable in the longer term, the process of obtaining that value would delay much-needed recoveries for Opioid Claimants and would require funding that could be better used for opioid abatement and victim compensation. By negotiating for cash payment in the near term, the OCC Resolution avoids the significant costs and delays associated with pursuit of these contingent assets.
Fourth, the OCC considered the strength of its legal arguments against the proposed Plan (and prior to that, against the proposed sale), and weighed the strength of those legal arguments and the potential recoveries for opioid claimants if the OCC were successful, against the OCC Resolution and the associated factors discussed in this letter. The OCC included in that analysis the risks, costs, and delay associated with bringing any such litigation. The OCC concluded that the OCC Resolution was preferable.
A final important factor considered by the OCC was the recovery for Private Opioid Claimants (and the allocation among them) as compared to the recovery for Public Opioid Claimants. First, the OCC looked at both (i) the proposed allocations between public and private opioid claimants in Purdue and Mallinckrodt and (ii) the relative size of the resolution reached with the public Opioid Claimants in these Chapter 11 Cases. After engaging in this analysis, the OCC was comfortable that the outcome in this case was comparable to the allocations and total 75795-03
6 proposed recoveries agreed to in those cases. Second, the OCC worked with the various private claimant sub-groups (including through a two day mediation session) to ensure that each subgroup of private Opioid Claimants will receive an allocation percentage that is similar (taking into consideration the relative size of these Chapter 11 Cases when compared to Purdue and Mallinckrodt) to what its respective sub-group of private opioid claimants were allocated in Purdue and Mallinckrodt. The OCC was satisfied that these considerations also weighed in favor of supporting the OCC Resolution.
For all of these reasons, the OCC determined that it was in the best interests of private Opioid Claimants to support the settlement incorporated in the OCC Resolution and the Plan. The OCC encourages all holders of private Opioid Claims to vote to accept the Plan and to grant the releases as we explain herein.
In addition, the OCC is pleased the settlements were reached between Endo, its secured creditors, and certain Public Opioid Claimants. Therefore, and as noted above, the OCC recommends that each State, Public School, Tribe, and Canadian Governmental entity that is subject to the various settlements contained in the Plan for their claimant category vote in favor of the Plan and, to the extent applicable, grants the release.
*****
3. A Summary of the Chapter 11 Cases
Endo filed for Chapter 11 on August 16, 2022. At that time, it announced, among other things, three important aspects of the framework it intended to use for the Chapter 11 Cases:
First, that it had entered into a restructuring support agreement with an ad hoc group of its first-lien secured lenders, pursuant to which that group would purchase Endo’s assets during the bankruptcy case;
Second, that the ad hoc group of first lien lenders had in turn reached a resolution with the vast majority of State Attorneys General for a payment of roughly $450 million over 10 years to resolve those States’ opioid-related claims against Endo; and Third, that the ad hoc group of first lien lenders would offer to any private opioid claimant the chance to participate in its pro rata share of $85 million paid no earlier than ten years after the Closing Date (i.e., no earlier than 2033), if and only if such claimants would agree to provide certain releases for the benefit of third parties, including Endo, Endo’s directors and officers and the first-lien lenders themselves. This “open offer” had a total net present value of approximately $27.4 million.
The OCC did not support the “open offer” to Private Opioid Claimants and resolved to challenge the proposed sale of Endo’s assets, to seek ownership of Endo’s insurance assets and causes of action, and to generally increase the value being “offered” to Private Opioid Claimants9. 9 At that time, there were no resolutions yet negotiated with the Canadian Provinces nor the Public Schools. 75795-03
7 The OCC’s advisors concluded that the total value that could be available for distribution to Opioid Claimants would have to come from, among others, the following sources (and would come only after subtracting any amounts that would need to be paid to more senior or secured valid creditors):
(i) the value of the Company’s business operations; (ii) the Debtors’ cash balance of approximately $1 billion as of the Petition Date; and (iii) potential claims and causes of action for the benefit of the estate, including claims to recover from the Debtors’ insurance policies and claims against fiduciaries and other third parties.
Unlocking portions of this value for Opioid Claimants may have depended on the results of litigation against certain of the Debtors’ secured creditors. At the beginning of the Chapter 11 Cases, the OCC’s advisors investigated, among other things, claims that could be pursued to bring value into the Debtors’ estates and/or make value available for the benefit of Opioid Claimants, as well as other potential sources of value for Opioid Claimants. The OCC coordinated with the Official Committee of Unsecured Creditors (the “UCC”) on investigating any such claims and on considering and analyzing the likelihood of success of any such claims and the likely recovery associated with any such claims, as well as the likelihood of collecting on any judgment rendered in favor of such claims.
To that end, in late January 2023, the OCC—together with the UCC—filed a motion seeking standing to bring certain causes of action, and attached four draft complaints, including complaints seeking to invalidate certain liens of the secured creditors, and a complaint seeking to unwind approximately $90 million in bonus payments made to Endo’s officers prior to filing for bankruptcy. (Of course, if the OCC had not ultimately reached a settlement, it would have pursued this litigation).
In late January, the Court ordered that certain parties participate in mediation and appointed Judge Shelley C. Chapman (Ret.) as mediator. The mediation parties consisted of, among others, (i) the Debtors, (ii) the Ad Hoc First Lien Group (i.e. the secured creditors whose liens the OCC was challenging), (iii) the UCC, (iv) the OCC, and (v) the United States of America (i.e. the DOJ).
Following multiple rounds of contentious negotiations, the OCC eventually entered into an agreement in principle with the Ad Hoc First Lien Group to resolve any and all disputes between the parties, which was subsequently reflected in the Voluntary Present Private Opioid Claimant Trust Term Sheet. This term sheet was initially filed in March 2023. The terms of the OCC resolution are more fully explained below. A resolution was also reached with the UCC.
Between March 2023 and August 2023, Endo and the Ad Hoc First Lien Group negotiated resolutions with other parties representing opioid interests, including certain Canadian provinces and certain public school districts. Endo and the Ad Hoc First Lien Group also negotiated a resolution with the court appointed future claimants’ representative, which settlement included a resolution of future opioid-related claims. The OCC was not a party to these resolutions, but helped to facilitate them.
Beginning in the summer of 2023 and continuing into the fall, Endo and the Ad Hoc First Lien Group also negotiated with the Department of Justice regarding both civil and criminal opioid and non-opioid claims against Endo. As a result of those negotiations, Endo determined to pursue a plan of reorganization as opposed to a sale of its assets to its first lien secured lenders. 75795-03
8 *****
4. The OCC Settlement/The Plan
The OCC Resolution reflects an agreement between the OCC and the Ad Hoc First Lien Group for the payment of $119.7 million to present private opioid claimants, to be paid within no more than two years of closing (as opposed to one payment in ten years, per the original “open offer”), which may be paid in full in the amount of $89.7 million if paid on the Effective Date. This resolution is in exchange for (i) the OCC’s agreement to resolve all of the disputed matters (including those mentioned above) and (ii) present private Opioid Claimants agreeing to provide releases to, among others, the Ad Hoc First Lien Group and certain of Endo’s directors and officers. More specifically, the Plan provides that each present private Opioid Claimant will:
(i) Have its opioid claim channeled to a trust (the “PPOC Trust”); (ii) Obtain payment, if any, from such trust in accordance with trust distribution procedures (“TDPs”); and
(iii) Have the opportunity to release third parties from related claims in exchange for a right to a greater recovery (i.e., an additional payment of four times the base amount) under the applicable TDPs.
The Plan contemplates the establishment of the following trusts, for the following groups of present private Opioid Claimants:
The PPOC Trust will be the initial recipient of all assets used to pay present private Opioid Claimants’ claims. The PPOC Trust will forward this money, less administrative costs, to the various sub-trusts (the “PPOC Sub-Trusts”) created for specific private Opioid Claimant constituencies, in the following allocation:
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9 Trust Allocation
Percentage10
Nominal Allocation Assuming:
No Prepayment Prepayment at
Emergence
Hospital Trust 17.3% $20,621,600.00 $15,431,600.00
IERP Trust II 2.2% $2,622,400.00 $1,962,400.00
NAS PI Trust 7.2% $9,082,400.00 $6,922,400.00
PI Trust 44.5% $53,044,000.00 $39,694,000.00
TPP Trust 28.8% $34,329,600.00 $25,689,600.00
TOTAL: 100.0% $119,700,000.00 $89,700,000.00
Each of these PPOC Sub-Trusts will distribute their share of the money to the relevant group of claimants in accordance with its applicable TDPs, current drafts of which are available on the Bankruptcy Court docket and at the informational website established by the OCC, (https://cases.ra.kroll.com/EndoOpioidClaimantInfo/). It is anticipated that updated drafts of these trusts should be available around mid-February.
Importantly, each Present Private Opioid Claimant (assuming you hold a valid claim under your applicable TDP) will be entitled to receive an additional four times (thus, a total of five times the base amount) distribution if it provides releases to certain third parties (including certain of the Debtors’ directors and officers) from claims and causes of action related to their Opioid Claims against Endo. Conversely, present private Opioid Claimants who choose not to grant the releases, but who are otherwise entitled to a distribution from their PPOC Sub-Trust, will only receive 20% of what they would be entitled to receive had they elected to grant the releases. For this reason, the OCC encourages all holders of present private Opioid Claims to elect to grant the releases.
For the avoidance of doubt, electing to grant the releases will not release any claims you may have against, among others, McKinsey & Company, Inc., Arnold and Porter, LLP or any of the opioid distributors, manufacturers (other than the Debtors) or pharmacies that have been frequently named as defendants in any of the nationwide opioid litigations. A summary of which parties are and are not being released if you choose to grant the releases is set forth in the following chart.
This summary is qualified in its entirety by reference to the Disclosure Statement and the Plan.
Claim Type/Classes Who Is Getting a Release? Who is NOT Getting a Release? Present Private Opioid
Claimants (“PPOCs”) that
opt into, or do not opt out
of, the release
Classes 7(A), 7(B), 7(C),
7(D), 7(E)
1) The Debtors and their Estates11
2) The Non-Debtor Affiliates
3) The Post-Emergence Entities
4) Each Consenting First Lien Creditor and Prepetition
Secured Party, solely in their respective capacities as such 1) McKinsey Parties
2) Arnold & Porter Parties
3) Any of the Debtors’ current
or former third-party agents,
partners, representatives, or
consultants involved in the
production, distribution,
marketing, promotion, or
10 In connection with the overall settlement of allocation of the consideration to be contributed to the PPOC Trust among the PPOC Sub-Trusts, certain third parties agreed to contribute an additional $500,000 to the PPOC Trust, which will be directly reallocated to the NAS PI Trust. 11 Regardless of whether you choose to grant a release, if the Plan is confirmed any claims you may have against the Debtors and the Post-Emergence Entities will be discharged by the Plan. 75795-03
10 Claim Type/Classes Who Is Getting a Release? Who is NOT Getting a Release? 5) The Ad Hoc Cross-Holder Group, the Ad Hoc First Lien Group, and each of the members of the foregoing, in each case, solely in their respective capacities as such, and each of the advisors thereto or of the individual members hereof, in each case solely in their respective capacities as such
6) The OCC and each of the members thereof, in each case solely in their respective capacities as such, and each of the advisors thereto or of the individual members thereof, in each case, solely in their respective capacities as such 7) The UCC and each of the members thereof, in each case, solely in their respective capacities as such, and each of the advisors thereto or of the members thereof, in each case, solely in their respective capacities as such
8) The FCR, solely in his capacity as such, and the advisors to the FCR, solely in their respective capacities as such 9) The Endo EC and each of the States that are members
thereof and their respective officers and Representatives in each case solely in their respective capacities as such 10) The PPOC Trust, the PPOC Sub-Trusts, the GUC Trust, the Distribution Sub-Trusts, the Future PI trust, the Public Opioid Trust, the Tribal Opioid Trust and the Trustees, administrators, boards or governing bodies of, any
advisors to, and any other Persons with similar
administrative or supervisory roles in connection with, any of the foregoing, in each case, solely in their
respective capacities as such
11) The First Lien Backstop Commitment Parties and the
GUC Backstop Commitment Parties, in each case, solely
in their respective capacities as such
12) The Unsecured Notes Indenture Trustees, solely in their capacities as such
13) With respect to anyone listed in (1) through (12) above, such Persons’ predecessors, successors, permitted
assigns, current and former subsidiaries and Affiliates, respective heirs, executors, estates, and nominees, in each case, solely in their respective capacities as such
14) With respect to anyone listed in (1) through (13) above, such Persons’ current and former officers, directors
(including any Persons in analogous roles under
applicable law), employees, and Representatives, in each case, solely in their respective capacities as such
sale of Opioids or Opioid
Products (excluding the
Debtors’ (i) current and
former officers, directors and
employees (in each case,
solely in their respective
capacities as such); and (ii)
professionals retained by the
Debtors in the Chapter 11
Cases (including any
ordinary course
professionals)
4) Practice Fusion, Inc.
5) Publicis Health Parties
6) ZS Associates Parties
7) Co-Defendants
8) Any distributor,
manufacturer or pharmacy
engaged in the distribution,
manufacture, or
dispensing/sale of Opioids or
Opioid Products
Canadian Governments
that do not opt out of the
release
Class 9
Same as the PPOCs Same as the PPOCs
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11 Claim Type/Classes Who Is Getting a Release? Who is NOT Getting a Release? Public School Districts
that do not opt out (or are
deemed not to opt out) of
the release
Class 8
Same as the PPOCs Same as the PPOCs
State Opioid Claimants
Class 6(A)
1) The Debtors and their Estates
2) The Non-Debtor Affiliates
3) The Post-Emergence Entities
4) Each Consenting First Lien Creditor and Prepetition
Secured Party, solely in their respective capacities as such 5) The Ad Hoc Cross-Holder Group, the Ad Hoc First Lien Group, and each of the members of the foregoing, in each case, solely in their respective capacities as such, and each of the advisors thereto or of the individual members hereof, in each case solely in their respective capacities as such
6) The OCC and each of the members thereof, in each case solely in their respective capacities as such, and each of the advisors thereto or of the individual members thereof, in each case, solely in their respective capacities as such 7) The UCC and each of the members thereof, in each case, solely in their respective capacities as such, and each of the advisors thereto or of the members thereof, in each case, solely in their respective capacities as such
8) The FCR, solely in his capacity as such, and the advisors to the FCR, solely in their respective capacities as such 9) The Endo EC and each of the States that are members
thereof and their respective officers and Representatives in each case solely in their respective capacities as such 10) The First Lien Backstop Commitment Parties and the
GUC Backstop Commitment Parties, in each case, solely
in their respective capacities as such
11) With respect to anyone listed in (1) through (10) above, such Persons’ predecessors, successors, permitted
assigns, current and former subsidiaries and Affiliates, respective heirs, executors, estates, and nominees, in each case, solely in their respective capacities as such
12) With respect to anyone listed in (1) through (11) above, such Persons’ current and former officers, directors
(including any Persons in analogous roles under
applicable law), employees, and Representatives, in each case, solely in their respective capacities as such
1) McKinsey Parties
2) Arnold & Porter Parties
3) Any of the Debtors’ current
or former third-party agents,
partners, representatives, or
consultants involved in the
production, distribution,
marketing, promotion, or
sale of Opioids or Opioid
Products (excluding the
Debtors’ (i) current and
former officers, directors and
employees (in each case,
solely in their respective
capacities as such); and (ii)
professionals retained by the
Debtors in the Chapter 11
Cases (including any
ordinary course
professionals)
4) Practice Fusion, Inc.
5) Publicis Health Parties
6) ZS Associates Parties
7) The PPOC Trust, the PPOC
Sub-Trusts, the GUC Trust,
the Distribution Sub-Trusts,
the Future PI trust, the Public
Opioid Trust, the Tribal
Opioid Trust and the
Trustees, administrators,
boards or governing bodies
of, any advisors to, and any
other Persons with similar
administrative or supervisory
roles in connection with, any
of the foregoing, in each
case, solely in their
respective capacities as such
and any of their
predecessors, successors,
permitted assigns, current
and former subsidiaries and
Affiliates, respective heirs,
executors, estates, and
nominees, or such Persons’
75795-03
12 Claim Type/Classes Who Is Getting a Release? Who is NOT Getting a Release? current and former officers,
directors (including any
Persons in analogous roles
under applicable law),
employees, and
Representatives in each case,
solely in their respective
capacities as such
8) The Unsecured Notes
Indenture Trustees, solely in
their capacities as such and
any predecessors, successors,
permitted assigns, current
and former subsidiaries and
Affiliates, respective heirs,
executors, estates, and
nominees or such Persons’
current and former officers,
directors (including any
Persons in analogous roles
under applicable law),
employees, and
Representatives, in each
case, solely in their
respective capacities as such
Local Government or
Tribal Opioid Claimants
that do not opt out of the
release
Classes 6(B) and 6(C)
Same as the PPOCs 1) McKinsey Parties
2) Arnold & Porter Parties
3) Any of the Debtors’ current
or former third-party agents,
partners, representatives, or
consultants involved in the
production, distribution,
marketing, promotion, or
sale of Opioids or Opioid
Products (excluding the
Debtors’ (i) current and
former officers, directors and
employees (in each case,
solely in their respective
capacities as such); and (ii)
professionals retained by the
Debtors in the Chapter 11
Cases (including any
ordinary course
professionals)
4) Practice Fusion, Inc.
5) Publicis Health Parties
6) ZS Associates Parties
75795-03
13 *****
5. Important Information About Voting and Granting the Releases:
Please read this section, as it contains important information about voting and how you can ensure that you remain eligible for the enhanced compensation in these cases.
IF YOU VOTE TO ACCEPT THE PLAN, YOU WILL BE DEEMED TO CONSENT TO GRANT THE RELEASES and (i) automatically release such claims in the event the Plan is confirmed and goes effective and (ii) automatically receive an additional payment of four times the compensation to which you are entitled under the relevant TDPs. WE ENCOURAGE YOU TO VOTE TO ACCEPT THE PLAN AND GRANT THE RELEASES.
If you do not vote to accept the Plan, then your ability to receive the increased compensation in exchange for “giving” a release depends upon what type of claim you hold:
IF YOU HOLD A PERSONAL INJURY, NAS PERSONAL INJURY OR INDEPENDENT EMERGENCY ROOM PHYSICIAN CLAIM:
If you vote to reject the Plan, to receive the increased compensation, you must specifically elect to grant the releases by checking the “OPT IN” election in the same row on your ballot as your vote to “REJECT.”
If you choose to abstain from voting on the Plan, in order to receive the increased compensation, you must specifically elect to grant the releases by checking the “OPT IN” election in the same row on your ballot as your election to “ABSTAIN.” To be clear, if you vote to reject the Plan or elect to abstain from voting on the Plan and you do not make the “OPT IN” election on your ballot, you will receive a greatly reduced distribution from your applicable PPOC Sub-Trust. If you fail to return your ballot by the voting deadline set forth on your ballot, you will be deemed to have elected to not grant the releases, and you will receive a greatly reduced distribution from your applicable PPOC SubTrust.
IF YOU HOLD A HOSPITAL OR THIRD PARTY PAYOR CLAIM:
If you vote to reject the Plan, to receive the increased compensation, you must specifically elect to grant the releases by checking the “OPT IN” election in the same row on your ballot as your vote to “REJECT.”
If you choose to abstain from voting on the Plan, in order to receive the increased compensation, you should not check the “OPT OUT” election in the same row on your ballot as your election to “ABSTAIN.” If you elect to “OPT OUT” of the releases, you will receive a greatly reduced distribution from your applicable PPOC Sub-Trust.
Finally, if you fail to return your ballot by the voting deadline set forth on your ballot, you will be deemed to have elected to grant the releases, which will entitle you to the greater recovery from your applicable PPOC Sub-Trust.
75795-03
14 The following chart explains the above:
Type of Claimant If you Vote
Yes/Accept the
Plan
If you Don’t Vote
on the
Plan/Abstain
If you Vote
No/Reject the Plan
State/DOJ N/A N/A N/A
PI/NAS/IERP Deemed to grant
the Release and
will receive the
enhanced
distribution
You must check a
box to “Opt in” to
the Release in
order to get the
enhanced
distribution
You must check a
box to “Opt in” to
the Release in
order to get the
enhanced
distribution
Any Other Opioid
Claimant12
Deemed to Grant
the Release and
will receive the
enhanced
distribution
You should refrain
from checking a
box to “Opt Out”
of the Release in
order to get the
enhanced
distribution
You must check a
box to “Opt in” to
the Release in
order to get the
enhanced
distribution
To the extent that any Opioid Claimant has any questions about the above (including voting or the release process), the Plan in general or these Chapter 11 Cases, the OCC encourages such claimant to reach out to the OCC’s counsel at [email protected].
Very truly yours,
The Official Committee of Opioid Claimants of Endo
International plc., et al.
12 To be clear, the OCC would encourage any claimant that is part of a public opioid claimant group that negotiated its own resolution to discuss the specifics of that resolution and how claimants in that group can receive a distribution.
The OCC can provide contact information for each public opioid claimant group upon request. Further, the OCC would note that some opioid claimants may not receive any distribution but are still required to “opt out” of the release in order to avoid granting the release. If you have any questions about the voting or release process, please contact the OCC at the contact information above.
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Agenda Item No: 8.h.
MEETING DATE/TIME: 2/21/2024
ITEM NO: 2024-1530
AGENDA SUMMARY REPORT
SUBJECT: Notification to City Council of Purchase of Equipment from Stryker Corp. in the Amount of $83,293.42 for the Ukiah Valley Fire Authority.
DEPARTMENT: Fire PREPARED BY: Doug Hutchison, Fire Chief PRESENTER: Doug Hutchison, Fire Chief
ATTACHMENTS:
1. 00048529
2. Q10842885 for PO 48529
3. 00048530
4. Q10842897 for PO 48530
Summary: Council will receive notification of purchase from Stryker Corp. in the amount of $83,293.42 for the Ukiah Valley Fire Authority.
Background: The Ukiah Valley Fire Authority (UVFA) provides Advanced Life Support (ALS) ambulance service and recently took delivery of two (2) new Type I ambulances from Braun NW.
Discussion: To complete the outfitting of the second new unit, the Ukiah Valley Fire Authority (UVFA) purchased a Stryker Power Load system (Purchase Order 48530 - $42,992.56), and a Stryker Power Pro gurney (Purchase Order 48529 - $40,300.86) to match the equipment currently deployed in our other ambulance units. Please refer to Attachments 1-4 for copies of the purchase orders and associated quotes. The first unit was able to be outfitted by moving equipment from a unit being retired by the UVFA. The Power Pro gurney reduces the amount of lifting that our team members must perform, increasing safety for them as well as the patient. The Power Load system takes the next step by loading the gurney into the ambulance, further reducing the risks to team members and patients. The total price of the units also includes six (6) years of preventive maintenance and care for each.
Recommended Action: Receive notification of equipment purchase from Styker Corporation.
BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: 71021100.54102 (equipment): $63,546.22; 71021100.52100 (preventative maintenance): $19,747.20
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: Ambulance Fund
PREVIOUS CONTRACT/PURCHASE ORDER NO.: Purchase Order 48529 and 48530.
COORDINATED WITH: Douglas Hutchison, Fire Chief; Myles Fisette, Purchasing Manager DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A
Purchase Order
Purchase
Order #
THIS NUMBER MUST APPEAR ON ALL INVOICES,
PACKAGES AND SHIPPING PAPERS.
Fiscal Year
Vendor Phone Number Vendor Fax Number Buyer Date Ordered Date Required Delivery must be made within
doors of specified destination.
Item# Description/Part No. Qty UOM Unit Price Extended Price By
Purchasing Supervisor VENDOR COPY PO Total
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CITY OF UKIAH
ATTN: ACCOUNTS PAYABLE
300 SEMINARY AVENUE
UKIAH, CA 95482
Delivery Reference Freight Method/Terms Department/Location Sales Tax Rate Total Ext. Price $40,300.86
Total Sales Tax
Total Discount
Total Credit
Total Freight
$40,300.86
2024 Page 1 of 2
48529-00
STRYKER SALES CORPORATION
1901 ROMENCE RD PARKWAY
PORTAGE MI 49002
CITY OF UKIAH - ANNEX
411 W CLAY STREET
UKIAH CA 95482
800-669-4968 Myles Fisette 01/31/2024
N30/FOB UKIAH FIRE DEPARTMENT 0.000
The Above Purchase Order Number Must Appear On
All Correspondence - Packing Sheets And Bills Of
Lading
1 650605550003 6506 MTS POWER PRO COT HIGH
CONFIG
1.0 EACH $28,860.810 $28,860.81
71021100 - 54102 $28,860.81
2 POWERPRO PROCARE 1.0 EACH $8,154.900 $8,154.90
71021100 - 52100 $8,154.90
3 TAX 3285.2 EACH $1.000 $3,285.15
71021100 - 54102 $3,285.15
ER REQ # E37959 PER ATTACHED QUOTE 1084
2885
ATTACHMENT 1
1 GENERALLY. These Terms and Conditions of
Sale (“Terms and Conditions”) apply to all purchases by City of Ukiah. (Referred to as “Buyer”). The supplier of goods and services under this transaction is herein
referred to as “Seller”. The goods or service purchased are referred to as the “Purchase.”
2. TERMS EXCLUSIVE. Buyer will order the goods or
services described herein only upon the terms and
conditions contained herein. Seller’s acceptance of this order shall occur either through commencement of
performance under this order or acknowledgment of this
order. By accepting this order, Seller waives all terms and conditions contained in its quotation, acknowledgment,
invoice or other documents which are different from or
additional to those contained herein and all such different or additional terms and conditions shall be null and void.
SELLER MAY NOT CHANGE MATERIAL OF
MANUFACTURE, SOURCES OF SUPPLY,
MANUFACTURING PROCESS OR LOCATION WITHOUT
THE PRIOR WRITTEN CONSENT OF BUYER.
3. INSPECTION. All goods shall be received subject
to Buyer’s inspection and rejection. Defective goods and goods otherwise not conforming to this order shall be held for Seller’s instruction and at Seller’s risk, and if Seller so directs, shall be returned at Seller’s expense. No defective goods shall be replaced without a new purchase order.
Payment by Buyer shall not be construed as an
acceptance of goods. Buyer may return to Seller any nondefective, excess goods within thirty (30) days of receiving them.
4. CHANGES. City may make changes within the
general scope of this order in drawings and specifications for specially manufactured supplies, place of delivery, method of shipment or packing of the order by giving notice to Seller and subsequently confirming such changes in
writing. If such changes affect the cost of or the time required for performance of this order, an equitable
adjustment in the price or delivery or both must be made.
No change by Seller is allowed without City’s written
approval. Any claim by Seller for an adjustment under this section must be made in writing within thirty (30) days from the date of receipt by Seller of notification of such change unless City waives this condition in writing. Nothing in this section excuses Seller from proceeding with performance of the order as changed.
5. TERMINATION. City may terminate this order at
any time, either verbally or in writing, with or without cause. Should termination occur, City will pay Seller as full performance until such termination the unit or pro rata order price for the performed and accepted portion of the Purchase. City may provide written notice of termination for Seller’s default if Seller refuses or fails to comply with this order. If Seller does not cure such failure within a reasonable time period, or fails to perform the Purchase within the time specified (or allowed by extension), Seller will be liable to City for any excess costs incurred by City.
6. TIME EXTENSION. Time is of the essence City
may extend the time for completion if, in City’s sole
determination, Seller was delayed because of causes
beyond Seller’s control and without Seller’s fault or
negligence. In the event delay was caused by City,
Seller’s sole remedy is limited to recovering money actually and necessarily expended by Seller because of the delay; there is no right to recover anticipated profit.
7. REMEDIES CUMULATIVE. City’s rights and
remedies under this order are not exclusive and are in
addition to any rights and remedies provided by law.
8. TITLE. Title to materials and supplies purchased
under this order pass directly from Seller to City upon City’s written acceptance following an actual inspection and City’s opportunity to reject.
9. PAYMENT. City will pay Seller after receiving
acceptable invoices for materials and supplies delivered and accepted or services rendered and accepted. City will not pay cartage, shipping, packaging or boxing expenses unless specified in this order.
10. INDEMNIFICATION. Seller agrees to indemnify
and hold harmless from and against any claim, action,
damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising out of the Purchase or the order, or their performance. Should City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the Purchase or order, or their performance, Seller will defend City (at City’s request and with counsel
satisfactory to City) and indemnify City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section “City” includes City’s officers, elected officials, and employees. This paragraph 9 will survive termination of this order. The requirements as to the types and limits of insurance
coverage to be maintained by Seller, and any approval of such insurance by City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by Seller pursuant to this order,
including, without limitation, to the provisions concerning indemnification.
11. WARRANTY. Seller agrees that the Purchase is
covered by the most favorable commercial warranties the Seller gives to any customer for the same or substantially similar supplies or services, or such other more favorable warranties as is specified in this order. Warranties will be effective notwithstanding any inspection or acceptance of the Purchase by City.
12. ASSIGNMENT. City may assign this order.
Except as to any payment due under this order, Seller may not assign or subcontract the order without City’s written approval. Should City give consent, it will not relieve Seller from any obligations under this order and any transferee or subcontractor will be considered Seller’s agent.
13. INSURANCE. Seller must provide the insurance
indicated on the face sheet of this order.
14. PERMITS. Seller must procure all necessary
permits and licenses, and abide by all federal, state, and local laws, for performing this order.
15. INDEPENDENT CONTRACTOR. City and Seller
agree that Seller will act as an independent contractor and will have control of all work and the manner in which it is performed. Seller will be free to contract for similar service to be performed for other employers while under contract with City. Seller is not an agent or employee of City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees.
Any provision in this order that may appear to give City the right to direct Seller as to the details of doing the work or to exercise a measure of control over the work means the
Seller will follow the direction of the City as to end results of the work only.
16. WAIVER. City’s review or acceptance of, or
payment for, work product prepared by Seller under this order will not be construed to operate as a waiver of any rights City may have under this Agreement or of any cause of action arising from Seller’s performance. A waiver by City of any breach of any term, covenant, or condition
contained in this order will not be deemed to be a waiver of any subsequent breach of the same or any other term,
covenant, or condition contained in this order, whether of the same or different character.
17. INTERPRETATION. This Agreement was drafted
in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Mendocino County.
ATTACHMENT 2
Purchase Order
Purchase
Order #
THIS NUMBER MUST APPEAR ON ALL INVOICES,
PACKAGES AND SHIPPING PAPERS.
Fiscal Year
Vendor Phone Number Vendor Fax Number Buyer Date Ordered Date Required Delivery must be made within
doors of specified destination.
Item# Description/Part No. Qty UOM Unit Price Extended Price By
Purchasing Supervisor VENDOR COPY PO Total
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CITY OF UKIAH
ATTN: ACCOUNTS PAYABLE
300 SEMINARY AVENUE
UKIAH, CA 95482
Delivery Reference Freight Method/Terms Department/Location Sales Tax Rate Total Ext. Price $42,992.56
Total Sales Tax
Total Discount
Total Credit
Total Freight
$42,992.56
2024 Page 1 of 2
48530-00
STRYKER SALES CORPORATION
1901 ROMENCE RD PARKWAY
PORTAGE MI 49002
CITY OF UKIAH - ANNEX
411 W CLAY STREET
UKIAH CA 95482
800-669-4968 Myles Fisette 01/31/2024
N30/FOB UKIAH FIRE DEPARTMENT 0.000
The Above Purchase Order Number Must Appear On
All Correspondence - Packing Sheets And Bills Of
Lading
1 639005550001 MTS POWER LOAD 1.0 EACH $27,895.700 $27,895.70 71021100 - 54102 $27,895.70
2 POWER LOAD PROCARE 1.0 EACH $11,592.300 $11,592.30
71021100 - 52100 $11,592.30
3 TAX 3504.6 EACH $1.000 $3,504.56
71021100 - 54102 $3,504.56
ER REQ # E37960 PER ATTACHED QUOTE 1084
2897
ATTACHMENT 3
1 GENERALLY. These Terms and Conditions of
Sale (“Terms and Conditions”) apply to all purchases by City of Ukiah. (Referred to as “Buyer”). The supplier of goods and services under this transaction is herein
referred to as “Seller”. The goods or service purchased are referred to as the “Purchase.”
2. TERMS EXCLUSIVE. Buyer will order the goods or
services described herein only upon the terms and
conditions contained herein. Seller’s acceptance of this order shall occur either through commencement of
performance under this order or acknowledgment of this
order. By accepting this order, Seller waives all terms and conditions contained in its quotation, acknowledgment,
invoice or other documents which are different from or
additional to those contained herein and all such different or additional terms and conditions shall be null and void.
SELLER MAY NOT CHANGE MATERIAL OF
MANUFACTURE, SOURCES OF SUPPLY,
MANUFACTURING PROCESS OR LOCATION WITHOUT
THE PRIOR WRITTEN CONSENT OF BUYER.
3. INSPECTION. All goods shall be received subject
to Buyer’s inspection and rejection. Defective goods and goods otherwise not conforming to this order shall be held for Seller’s instruction and at Seller’s risk, and if Seller so directs, shall be returned at Seller’s expense. No defective goods shall be replaced without a new purchase order.
Payment by Buyer shall not be construed as an
acceptance of goods. Buyer may return to Seller any nondefective, excess goods within thirty (30) days of receiving them.
4. CHANGES. City may make changes within the
general scope of this order in drawings and specifications for specially manufactured supplies, place of delivery, method of shipment or packing of the order by giving notice to Seller and subsequently confirming such changes in
writing. If such changes affect the cost of or the time required for performance of this order, an equitable
adjustment in the price or delivery or both must be made.
No change by Seller is allowed without City’s written
approval. Any claim by Seller for an adjustment under this section must be made in writing within thirty (30) days from the date of receipt by Seller of notification of such change unless City waives this condition in writing. Nothing in this section excuses Seller from proceeding with performance of the order as changed.
5. TERMINATION. City may terminate this order at
any time, either verbally or in writing, with or without cause. Should termination occur, City will pay Seller as full performance until such termination the unit or pro rata order price for the performed and accepted portion of the Purchase. City may provide written notice of termination for Seller’s default if Seller refuses or fails to comply with this order. If Seller does not cure such failure within a reasonable time period, or fails to perform the Purchase within the time specified (or allowed by extension), Seller will be liable to City for any excess costs incurred by City.
6. TIME EXTENSION. Time is of the essence City
may extend the time for completion if, in City’s sole
determination, Seller was delayed because of causes
beyond Seller’s control and without Seller’s fault or
negligence. In the event delay was caused by City,
Seller’s sole remedy is limited to recovering money actually and necessarily expended by Seller because of the delay; there is no right to recover anticipated profit.
7. REMEDIES CUMULATIVE. City’s rights and
remedies under this order are not exclusive and are in
addition to any rights and remedies provided by law.
8. TITLE. Title to materials and supplies purchased
under this order pass directly from Seller to City upon City’s written acceptance following an actual inspection and City’s opportunity to reject.
9. PAYMENT. City will pay Seller after receiving
acceptable invoices for materials and supplies delivered and accepted or services rendered and accepted. City will not pay cartage, shipping, packaging or boxing expenses unless specified in this order.
10. INDEMNIFICATION. Seller agrees to indemnify
and hold harmless from and against any claim, action,
damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising out of the Purchase or the order, or their performance. Should City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the Purchase or order, or their performance, Seller will defend City (at City’s request and with counsel
satisfactory to City) and indemnify City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section “City” includes City’s officers, elected officials, and employees. This paragraph 9 will survive termination of this order. The requirements as to the types and limits of insurance
coverage to be maintained by Seller, and any approval of such insurance by City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by Seller pursuant to this order,
including, without limitation, to the provisions concerning indemnification.
11. WARRANTY. Seller agrees that the Purchase is
covered by the most favorable commercial warranties the Seller gives to any customer for the same or substantially similar supplies or services, or such other more favorable warranties as is specified in this order. Warranties will be effective notwithstanding any inspection or acceptance of the Purchase by City.
12. ASSIGNMENT. City may assign this order.
Except as to any payment due under this order, Seller may not assign or subcontract the order without City’s written approval. Should City give consent, it will not relieve Seller from any obligations under this order and any transferee or subcontractor will be considered Seller’s agent.
13. INSURANCE. Seller must provide the insurance
indicated on the face sheet of this order.
14. PERMITS. Seller must procure all necessary
permits and licenses, and abide by all federal, state, and local laws, for performing this order.
15. INDEPENDENT CONTRACTOR. City and Seller
agree that Seller will act as an independent contractor and will have control of all work and the manner in which it is performed. Seller will be free to contract for similar service to be performed for other employers while under contract with City. Seller is not an agent or employee of City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees.
Any provision in this order that may appear to give City the right to direct Seller as to the details of doing the work or to exercise a measure of control over the work means the
Seller will follow the direction of the City as to end results of the work only.
16. WAIVER. City’s review or acceptance of, or
payment for, work product prepared by Seller under this order will not be construed to operate as a waiver of any rights City may have under this Agreement or of any cause of action arising from Seller’s performance. A waiver by City of any breach of any term, covenant, or condition
contained in this order will not be deemed to be a waiver of any subsequent breach of the same or any other term,
covenant, or condition contained in this order, whether of the same or different character.
17. INTERPRETATION. This Agreement was drafted
in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Mendocino County.
ATTACHMENT 4
Agenda Item No: 8.i.
MEETING DATE/TIME: 2/21/2024
ITEM NO: 2024-1533
AGENDA SUMMARY REPORT
SUBJECT: Approval of Notice of Completion of the Grace Hudson Museum Roof Replacement Project, Specification 23-05.
DEPARTMENT: Finance PREPARED BY: Mary Horger, Financial Services Manager PRESENTER: Mary Horger, Financial Services Manager
ATTACHMENTS:
1. Awarding ASR
2. Spec 23-05 - Grace Hudson Museum Roof Replacement Negotiated Contract
3. San Francisco Roofing Bid
4. Change Order 1 - Spec 23-05 - fully executed (1)
5. Notice of Completion
Summary: Council will consider approving the Notice of Completion for the Grace Hudson Museum Roof Replacement Project, Specification 23-05.
Background: In August 2023, Council awarded a contract for the re-roof of the Grace Hudson Museum to San Francisco Roofing Services, Inc., for the amount of $450,000. Please refer to Attachment 1 for a copy of the Agenda Summary Report, Attachment 2 for a copy of the specification, and Attachment 3 for a copy of the bid.
Discussion: Following the Council award of the contract, Staff released a Notice of Award to the contractor on August 17, 2023. Once all the proper documentation was received, and the contract fully executed, a Notice to Proceed was issued on September 13, 2023. The on-site construction work began on October 17, 2023. The project management and inspection of the construction was conducted through a contract with Jankovsky Engineering Services. One change order was issued on November 7, 2023, in the amount of $5,030 (Attachment 4) to install new galvanized gutter screens on all gutters. The final project completion took place on February 9, 2024. The final contract amount, including the one change order, was $455,030.
City Staff was very pleased with the workmanship of the roof installation, and the project oversight that was performed. The roof manufacturer is in the process of issuing the certificate of warranty.
Final payment of the retention will be made to the contractor 35 days after the date of the Notice of Completion (Attachment 5) is filed with the County Recorder.
Recommended Action: Approve the Notice of Completion of the Grace Hudson Museum Roof Replacement Project, Specification 23-05.
BUDGET AMENDMENT REQUIRED: No.
CURRENT BUDGET AMOUNT: 20824700.80220.18406: $455,030
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: Bond funds and settlement funds.
PREVIOUS CONTRACT/PURCHASE ORDER NO.: 2324-090
COORDINATED WITH: City Attorney and Community Services Department
DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): 1e – Decarbonize existing building stock.
GENERAL PLAN ELEMENTS (GP): N/A
Agenda Item No: 8.f.
MEETING DATE/TIME: 8/16/2023
ITEM NO: 2023-2946
AGENDA SUMMARY REPORT
SUBJECT: Award Contract for the Re-Roof of the Grace Hudson Museum to San Francisco Roofing Services, Inc., Authorize a Separate Purchase with Garland for the Roofing Materials, and Approve Corresponding Budget Amendments.
DEPARTMENT: Finance PREPARED BY: Mary Horger, Financial Services Manager PRESENTER: Mary Horger, Financial Services Manager
ATTACHMENTS:
1. Spec 23-05 - Grace Hudson Museum Roof Replacement Negotiated Contract
2. San Francisco Roofing
3. Western Roofing Service
Summary: Council will consider awarding a contract to San Francisco Roofing Services, Inc. for the re-roof of the Grace Hudson Museum, approve a separate purchase from Garland for the roofing materials, and approve corresponding budget amendments.
Background: In September of 2020, the City Council awarded a bid for the replacement of the Grace Hudson Museum Roof, Specification No. 20-10. This contract resulted in the installation of a roof that independent inspections by a City retained civil engineer and a civil engineer retained by the roofing manufacturer determined must be removed and replaced before the manufacturer will provide its 30 year warranty. Responsibility for the cost of the replacement is at issue but currently unresolved in pending litigation and confidential mediation proceedings.
Discussion: In March of this year, and as part of the legal process, bids were sought from manufacturerapproved contractors for the complete re-roofing of the Grace Hudson Museum. Please see Attachment 1 for a copy of the bid specifications. Bids were received from two companies: San Francisco Roofing Services, Inc. for the amount of $450,000 (Attachment 2), and Western Roofing Service for the amount of $574,900 (Attachment 3). The bids received exclude the roofing materials, as these will be separately acquired by the City directly from the manufacturer.
The low bidder, San Francisco Roofing, has extended the deadline for accepting its bid to August 18, 2023. This is the second and final extension of the deadline for accepting the bid. Failure to accept the bid could result in the roof in its current condition leaking this winter, as well as increased costs due to inflation of labor and materials. If the bid is awarded, the work will be scheduled and performed to prevent leakage and potential damage to the museum's collections.
For these reasons, Staff recommends awarding the bid to San Francisco Roofing Services, Inc. in the amount of $450,000, and approving the corresponding budget amendment. In addition to being recommended by the roofing manufacturer, the City has also used this contractor for two other successful roofing projects. Approval is also being sought to purchase the roofing materials from Garland at a price not yet known, and approval of a corresponding budget amendment if needed. Staff will come back to the next regularly scheduled meeting to report the purchase if the cost meets the thresholds in the City Code for reporting to the City Council.
ATTACHMENT 1