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/82205587854 Or you can call in using your telephone only:
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June 5, 2024 - 6:00 PM
1. ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. AB 2449 NOTIFICATIONS AND CONSIDERATIONS
4. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
4.a. Proclamation Recognizing June as LGBTQ+ and Pride Month.
Recommended Action: Issue a Proclamation recognizing June as LGBTQ+ and Pride Month in the City of Ukiah.
Attachments:
1. LBGTQ Proclamation
4.b. Proclamation of the Ukiah City Council Recognizing June as Immigrant Heritage Month.
Recommended Action: Issue a Proclamation of the Ukiah City Council recognizing June as Immigrant Heritage Month.
Attachments:
1. Immigrant Heritage Month Proclamation
4.c. Proclamation of the Ukiah City Council Recognizing June 19, 2024, as Juneteenth - National Freedom Day: A Day of Observance in the City of Ukiah.
Recommended Action: Issue a Proclamation of the Ukiah City Council recognizing June 19, 2024, as Juneteenth - National Freedom Day: A Day of Observance in the City of Ukiah.
Attachments:
1. Juneteenth Proclamation
2. Juneteenth Flyer
5. PETITIONS AND COMMUNICATIONS
6. APPROVAL OF MINUTES
6.a. Approval of the Minutes for the May 15, 2024, Regular Meeting.
Recommended Action: Approve the minutes for the May 15, 2024, regular meeting.
Attachments:
1. 2024-05-15 Draft Minutes
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. Annual Report on Mobilehome Park Stabilization Fees and Activities, Adoption of Resolution Updating Program Costs, and Approval to Waive Fees for the FY 2023-24.
Recommended Action: Receive report on the Mobilehome Park Stabilization Administrative Costs and Activities; adopt the Resolution Amending Exhibit A - updating the program costs; approve waiving fees for the FY 2023-24, and authorized the use of the account reserves for current year administrative activities.
Attachments:
1. Ordinance No. 1126
2. CC Reso 2023-21 - Mobilehome Rent Stabilization Fees
3. 2024 Letter to Residents
4. Proposed Resolution - redline and clean
8.b. Authorize the City Manager to Negotiate and Sign a Memorandum of Understanding with Ukiah Pickleball Club.
Recommended Action: Authorize the City Manager to Negotiate and Sign a Memorandum of Understanding with Ukiah Pickleball Club.
Attachments:
1. Pickleball Fund MOU
8.c. Approval of Contract with E Source for Project Management Services to Transition Millview and Redwood Valley Water Billing to the City's Customer Information System Software, Meeting the Ukiah Valley Water Authority Joint Power Agreement's January 1, 2025 Go-Live Date, and Approve Corresponding Budget Amendment.
Recommended Action: Approve a contract with E Source for $88,485 for project management services to transition Millview and Redwood Valley water billing to the City's Customer Information System Software, ensuring compliance with the Ukiah Valley Water Authority Joint Power Agreement's January 1, 2025, go-live date, and approve the corresponding budget amendment.
Attachments:
1. E Source Response to City of Ukiah CIS Customer Acquisition Support May 17 2024
8.d. Approve Purchase of Intimidator 12XP Track Chipper for the Amount of $100,198, Using Funds from the USDA Community Wildfire Defense Grant and Corresponding Budget Amendment.
Recommended Action: Approve the purchase of Intimidator 12XP Track Chipper for the amount of $100,198, using funds from the USDA Community Wildfire Defense Grant and corresponding budget amendment.
Attachments:
1. Quote-Cal-Line Equipment-12XP 74hp CAT Diesel
8.e. Approval of Notice of Completion for Peterson Mechanical Inc. for the Wastewater Treatment Plant HVAC Replacement Project Spec 23-10, and Direct the City Clerk to File the Notice of Completion with the County Recorder.
Recommended Action: Approve the Notice of Completion for Peterson Mechanical Inc for the Wastewater Treatment Plant HVAC Replacement Project Spec 23-10, and direct the City Clerk to file the Notice of Completion with the County Recorder.
Attachments:
1. Notice-of-Completion
8.f. Adoption of Resolution Calling for the Holding of a General Municipal Election to be Held on November 5, 2024, and to Consolidate and Request the County Clerk to Conduct Said Election with the Statewide General Election.
Recommended Action: Adopt the resolution calling for the holding of a General Election November 5, 2024; to consolidate said Election with the Statewide General Election pursuant to Election Code §10403; and request the Board of Supervisors of the County of Mendocino to request the County Clerk to Conduct the Municipal Election of the City of Ukiah on Tuesday, November 5, 2024, pursuant to Election Code §10002.
Attachments:
1. Resolution - Call for Election 2024
8.g. Approval of a Three-Year Agreement with JM Integration for an On-Call Maintenance and Troubleshooting Agreement at the Water Treatment Plant in the Amount of $173,138.03.
Recommended Action: Approve the three-year contract with JM Integration for an on-call maintenance and troubleshooting agreement at the Water Treatment Plant in the amount of $173,138.03.
Attachments:
1. Three-Year Proposal
8.h. Approve Contract Amendment 1 to JM Integration in the Amount of $13,718.24, per Actual Time and Materials for SCADA Maintenance at the Water Treatment Plant.
Recommended Action: Approve contract amendment 1 to JM Integration in the amount of $13,718.24, per actual time and materials for SCADA maintenance at the Water Treatment Plant.
Attachments:
1. JM Integration, Inc. 2223175
2. Invoices
8.i. Consideration of Approving a One (1) Year Extension of City of Ukiah Agreement No. 2021-184 to AP Triton LLC for Continued Consulting Services for the Ukiah Valley Fire Authority's PreHospital Emergency Medical Services Program and Review of the Electric Utility's Fire Mitigation Plan in an Amount not to Exceed $60,000, and Approve Corresponding Budget Amendment.
Recommended Action: Approve a one (1) year extension of COU Agreement No. 2121-184 with AP Triton for an amount not to exceed $60,000.00, and approve corresponding budget amendment.
Attachments:
1. Ukiah Valley - extension 05.01.24 to 04.30
2. Original Agreement and First Extention
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. Conduct a Public Hearing and Receive the Measure P Oversight Board Report and Findings for 2021 and 2022 Per Resolution 2014-28.
Recommended Action: Hold a Public Hearing and receive the Measure P Annual Finance Report.
Attachments:
1. Measure P Financial Report, FYs 2021-2022
12.b. Conduct a Public Hearing to Receive Public Comment; Discuss Final Grantee Performance Under State Community Development Block Grant 20-CDBG-12052; Adopt Resolution Confirming Project Closeout and Reimbursement of Grant Expenses from the California Department of Housing and Community Development; and Approve any Corresponding Budget Amendments Required as part of the Grant Closeout Process.
Recommended Action: 1) Receive report from Staff on final performance related to State Community Development Block Grant 20-CDBG-12052; 2) conduct a public hearing to receive public comment; 3) adopt a Resolution acknowledging accomplishments, confirming activity completion, and confirming receipt of grant reimbursement funds from the State; and 4) approve any corresponding budget amendments required as part of the grant closeout process.
Attachments:
1. Resolution_2020-43
2. Standard_Agreement_20-CDBG-12052
3. Orr Street Bridge Feasibility Study_Final_with Appendix
4. Land_Survey_Results_on_TopoMap_Property_Lines_Utilities
5. Resolution - Close-20-CDBG-12052
13. UNFINISHED BUSINESS
14. NEW BUSINESS
14.a. Adopt a Resolution Making a Declaration of Surplus Property, Pursuant to Government Code Section 54220, for Property Located within the Airport Industrial Park - Planned Development in the City of Ukiah, California, County of Mendocino (APNs: 180-110-12; 180-120-15; 180-120- 16).
Recommended Action: 1) Find that the declaration of surplus property is exempt from environmental review pursuant to the California Environmental Quality Act (“CEQA”), Class 12, Surplus Property Sales; 2) Adopt the attached Resolution declaring that the properties located within the Airport Industrial Park - Planned Development (APNs: 180-110-12; 180-120-15; 180-120- 16) are surplus land; and 3) Direct the City Manager to follow the procedures set forth in the Surplus Lands Act (“SLA”), for the sale of the aforementioned surplus land.
Attachments:
1. Property Profile Maps
2. Draft Resolution, APN Maps, NOA
14.b. Receive Updates on City Council Committee and Ad Hoc Assignments, and, if Necessary, Consider Modifications to Assignments and/or the Creation/Elimination of Ad Hoc(s).
Recommended Action: Receive report(s). The Council will consider modifications to committee and ad hoc assignments along with the creation/elimination ad hoc(s).
Attachments:
1. 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 – Initiation of Litigation (Government Code Section 54956.9(d)(4))
Initiation of litigation (3 cases)
15.b. 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.c. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 180-110-12; 180-120-15; 180-120-16
Negotiator: Shannon Riley, Deputy City Manager
Negotiating Parties: GMB Realty Partners, Inc.
Under Negotiation: Price & Terms of Payment
15.d. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 002-232-05 and 002-282-02
Negotiator: Sage Sangiacomo, City Manager
Negotiating Parties: Bartolomei Trustees
Under Negotiation: Price & Terms of Payment
15.e. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 003-230-03-00
Negotiator: Sage Sangiacomo, City Manager
Negotiating Parties: Mark and Jann Lanz
Under Negotiation: Price & Terms of Payment
15.f. 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: 5/31/24
Agenda Item No: 4.a.
MEETING DATE/TIME: 6/5/2024
ITEM NO: 2024-265
AGENDA SUMMARY REPORT
SUBJECT: Proclamation Recognizing June as LGBTQ+ and Pride Month.
DEPARTMENT: City Manager /
Admin PREPARED BY: Maria Ceja, Administrative Analyst
PRESENTER: Josefina Dueñas, City Council, Mayor
ATTACHMENTS:
1. LBGTQ Proclamation
Summary: Council to issue a proclamation recognizing June as LGBTQ+ and Pride Month in the City of Ukiah.
Background: The City recognizes LGBTQ+ individuals in Ukiah are invaluable resources to the city, providing an abundance of knowledge and skills. They play vital roles within their workplace environments and serve as excellent representatives of their community.
Discussion: The Ukiah City Council will issue a Proclamation recognizing June as LGBTQ+ and Pride Month (Attachment 1).
Recommended Action: Issue a Proclamation recognizing June as LGBTQ+ and Pride Month in the City of Ukiah.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Diversity and Equity Committee
DIVERSITY-EQUITY INITIATIVES (DEI): Goal 1 – Create and sustain a diverse, equitable, and inclusive workplace and workforce that reflects, values, and celebrates the diverse community we serve.
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A
June as “Lesbian, Gay, Bisexual, Transgender, Queer (Plus) (LGBTQ+) Pride Month” in the City of Ukiah
Whereas, throughout the United States during June, celebrations will be held recognizing the diversity and strength that has developed in the Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, Asexual, and Two-Spirit community; and
Whereas, the Stonewall Uprising of 1969 marked a pivotal moment in the struggle for LGBTQ+ rights in the United States. The events at the Stonewall Inn in New York City galvanized a movement and led to the establishment of annual Pride celebrations around the world; and Whereas, Harvey Milk was a visionary civil and human rights leader who became one of the first openly gay elected officials in the United States; elected to the San Francisco Board of Supervisors in 1977, Harvey Milk was a beacon of hope for the (LGBTQ+) community; and Whereas, LGBTQ+ youth face higher rates of discrimination, harassment, and violence than their cisgender and heterosexual peers, and are more likely to experience mental health issues, such as depression, anxiety, and suicidal ideation, as a result of the stigma and marginalization they encounter, and
Whereas, LGBTQ+ youth deserve to be respected, supported, and celebrated for their identities and expressions while having the right to access safe spaces and resources that promote their wellbeing and meet their needs, and Whereas, the City of Ukiah has a long-standing commitment to fostering an inclusive community that celebrates diversity and promotes mutual respect among all citizens; and Whereas, LGBTQ+ individuals in Ukiah are invaluable resources to the city, providing abundant knowledge and skills. They play vital roles within their workplace environments and serve as excellent community representatives; and
Whereas, the City of Ukiah encourages the community to ensure that everyone in Ukiah feels safe and respected no matter who they are or whom they love; and encourages celebration of the LGBTQ+ community by attending events and celebrations that embody the spirit of unity and acceptance and provide a vibrant space for individuals and families to come together in support of the LGBTQ+ community; and
Whereas, the Ukiah Unity Coalition, has organized an event, Ukiah Pride in Progress Walk and Picnic, on June 16th, 2024, as an event that embodies the spirit of unity and acceptance, providing a vibrant space for individuals and families to come together in support and celebration of the LGBTQ+ community; and
Whereas, the walk and picnic serve as a powerful demonstration of the community’s dedication to creating a culture of inclusivity, where every individual feels valued and empowered to be their authentic self.
Therefore be it resolved, that the Ukiah City Council proclaims the month of June as:
Lesbian, Gay, Bisexual, Transgender, Queer (Plus) (LGBTQ+), Pride Month in the City of Ukiah
Signed and sealed, this 5th day of June in the year
Two Thousand and Twenty-Four.
____________________________
Josefina Dueñas, Mayor
ATTACHMENT 1
Agenda Item No: 4.b.
MEETING DATE/TIME: 6/5/2024
ITEM NO: 2024-266
AGENDA SUMMARY REPORT
SUBJECT: Proclamation of the Ukiah City Council Recognizing June as Immigrant Heritage Month.
DEPARTMENT: City Manager /
Admin PREPARED BY: Maria Ceja, Administrative Analyst
PRESENTER: Josefina Dueñas, City Council, Mayor
ATTACHMENTS:
1. Immigrant Heritage Month Proclamation
Summary: Council to issue a proclamation recognizing June as Immigrant Heritage Month.
Background: For decades, immigrants have provided neighborhoods in Ukiah with unique social and cultural influences, fundamentally enriching the extraordinary character of our community. Immigration enhances Ukiah's culture and prosperity as foreign-born individuals continue diversifying our neighborhoods and strengthening our economy.
Discussion: At the June 5, 2024, Regular Meeting, the City Council will issue a Proclamation (Attachment 1) recognizing June as Immigrant Heritage Month.
Recommended Action: Issue a Proclamation of the Ukiah City Council recognizing June as Immigrant Heritage 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: Diversity and Equity Committee
DIVERSITY-EQUITY INITIATIVES (DEI): Goal 1 – Create and sustain a diverse, equitable, and inclusive workplace and workforce that reflects, values, and celebrates the diverse community we serve.
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A
June as “Immigrant Heritage Month” in the City of Ukiah Whereas, generations of immigrantsfrom every corner of the globe have built our country’s economy and created the unique character of our nation; and Whereas, immigrants continue to grow businesses, innovate, strengthen our economy, and create employment opportunities in the City of Ukiah; and Whereas, immigrants have provided neighborhoods in the City of Ukiah with unique social and cultural influence, fundamentally enriching the extraordinary character of our community; and
Whereas, immigrants have been tireless leaders not only in securing their own rights and access to equal opportunity but have also campaigned to create a fairer and more just society for all Americans; and
Whereas, immigration enhances City of Ukiah’s culture and prosperity, as foreign-born individuals continue to diversify our neighborhoods and strengthen our economy; and Whereas, mingling of immigrants and Ukiah residents cultivates cross-cultural interactions and mutual comprehension through shared experiences, friendships and connections forged across cultural barriers; and
Whereas, we welcome the community to participate in the celebration and recognition of Immigrant Heritage Month by learning more about the history of immigrant communities throughout generations following our Nation’s founding, and to observe this month with appropriate celebrations and activities.
Therefore be it resolved, that the City Council of the City of Ukiah, hereby proclaims June 2024, as
Immigrant Heritage Month in the City of Ukiah
Signed and sealed, this 5th day of June in the year
Two Thousand and Twenty-Four.
____________________________
Josefina Dueñas, Mayor
Attachment 1
Agenda Item No: 4.c.
MEETING DATE/TIME: 6/5/2024
ITEM NO: 2024-277
AGENDA SUMMARY REPORT
SUBJECT: Proclamation of the Ukiah City Council Recognizing June 19, 2024, as Juneteenth - National Freedom Day: A Day of Observance in the City of Ukiah.
DEPARTMENT: City Manager /
Admin PREPARED BY: Maria Ceja, Administrative Analyst
PRESENTER: Josefina Dueñas, City Council, Mayor
ATTACHMENTS:
1. Juneteenth Proclamation
2. Juneteenth Flyer
Summary: Council to issue a proclamation recognizing June 19, 2024, as Juneteenth - National Freedom Day: A Day of Observance in the City of Ukiah.
Background: The City of Ukiah is committed to equity, equality, and justice, and we encourage the community to reflect on the historical struggle for human rights faced by African Americans, and upon our incredible capacity to heal, hope, and emerge from our darkest moments with purpose and resolve. In honor and celebration of Juneteenth, the City Council will issue a proclamation (Attachment 1) in honor and celebration of Juneteenth National Independence Day. The City encourages the community to come together to celebrate Juneteenth, and to educate themselves to be empowered. Information about Juneteenth celebrations in our community can be found in the attached flyer (Attachment 2).
Discussion: At the June 5, 2024, Regular Meeting, the City Council will issue a Proclamation (Attachment 1) recognizing June 19, 2024, as Juneteenth - National Freedom Day: A Day of Observance in the City of Ukiah.
Recommended Action: Issue a Proclamation of the Ukiah City Council recognizing June 19, 2024, as Juneteenth - National Freedom Day: A Day of Observance in the City of Ukiah.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Diversity and Equity Committee
DIVERSITY-EQUITY INITIATIVES (DEI): Goal 1 – Create and sustain a diverse, equitable, and inclusive workplace and workforce that reflects, values, and celebrates the diverse community we serve.
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A
June 19, 2024 as “Juneteenth – National Freedom Day,”
a Day of Observance in the City of Ukiah
Whereas, President Abraham Lincoln signed the Emancipation Proclamation on January 1, 1863, paving the way for the passing of the 13th Amendment, which formally abolished slavery in the United States of America; and
Whereas, More than two years after the Emancipation Proclamation declaring the slaves in Confederate territory free, roughly a quarter-million enslaved people in Galveston, Texas finally received word that they were free from bondage, on June 19, 1865; and Whereas, Juneteenth, officially Juneteenth National Independence Day, is a federal holiday in the United States commemorating the ending of slavery, and is celebrated annually on June 19th; and
Whereas, Juneteenth affords us the opportunity to engage in meaningful dialogues that build relationships, increase awareness, empathy, and understanding of the hardships, pain, and oppressions that we're all still here fighting for; and Whereas, this day of reflection shall remind us of the historical struggle for human rights faced by African Americans across the country and in our community and the incredible capacity to heal, hope, and emerge from our darkest moments with purpose and resolve; and
Whereas, this year’s theme for Juneteenth 2024, “Their Wildest Dreams” represents a day of profound weight and power, a day in which we remember the moral stain and terrible toll of slavery on our country. It is also a time of celebration and deep reflection on our complex yet powerful history, the journey of progress, and a promise for a better tomorrow; and
Whereas, the City of Ukiah is committed to equity, equality, and justice, and to creating safe and respectful spaces that celebrate the differences and similarities of our diversity and encourage the community to come together to celebrate Juneteenth.
Therefore be it resolved, that the Ukiah City Council, hereby recognizes June 19, 2024, Juneteenth as an opportunity to be intentional in the ways we embrace and practice respect and inclusion. And as a time to volunteer and embrace our African American citizens and community,
Juneteenth – National Freedom Day: A Day of Observance in the City of Ukiah Signed and sealed, this 5th day of June in the year
Two Thousand and Twenty-Four.
____________________________
Josefina Dueñas, Mayor
Attachment 1
BLACK LIVES MATTER
“Their Wildest Dreams,”
Wednesday June 19th 4-8pm.
106 W. Standley (MEC)
A true Southern show-down!!
Join of for an evening of reflection, fun, food and faire.
Traditional African American Faire 5-7:30 $25pp
Collard Green, Corn Bread, RIBS, Chicken, Potatoe Salad, Mac and Cheeses, Catfish, Sweet Potatoes, and more. …..It won’t last, come early!
Silent Auction 4-6pm…
items included African American hair products, art, textiles, books and more!!! Piano Bar 5-7pm
Poetry Reading 6pm
We are Indigenous to the Planet Earth
and our lives matter.
Attachment 2
St (MEC)
AGENDA ITEM 6a
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/83126454812 Ukiah, CA 95482
May 15, 2024
6:00 p.m.
1. ROLL CALL
Ukiah City Council met at a Regular Meeting on May 15, 2024, having been legally noticed on May 10, 2024. Mayor Dueñas called the meeting to order at 6:00 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: Sage Sangiacomo, 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 Rodin.
URGENCY ITEM
Motion/Second: Crane/Rodin to accept the Urgency Item and place on the agenda as Agenda Item 14e. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas.
NOES: None. ABSENT: None. ABSTAIN: None.
3. AB 2449 NOTIFICATIONS AND CONSIDERATIONS
4. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a. Presentation on the Annual Ukiah Airport Day, June 1, 2024.
Presenter: Greg Owen, Airport Manager.
Presentation was received.
b. Proclamation of the City of Ukiah Recognizing June as Mountain Bike Month.
Presenter: Councilmember Orozco.
Proclamation was received by Jason Strnad.
c. Proclamation Declaring May19-May 25, 2024, as Emergency Medical Services (EMS) Week.
Presenter: Councilmember Sher.
Proclamation was received by Douglas Hutchison, Fire Chief.
5. PETITIONS AND COMMUNICATIONS
City Clerk, Kristine Lawler, stated that all communications had been distributed.
City Council Minutes for May 15, 2024, Continued:
6. APPROVAL OF MINUTES
a. Approval of the Minutes for the May 1, 2024, Regular Meeting Motion/Second: Rodin/Sher to approve Minutes of May 1, 2024, a regular meeting, 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. Report of Disbursements for the Month of April 2024 - Finance. b. Approval of Plans and Specifications for Gobbi Ckt (Circuit) 202 Switching and Reliability Enhancement Project, Specification 24-04 to Install Conduits, Pedestal and Padmount Switches (Electric Utility).
c. Approve a Resolution (2024-16) Authorizing the Submission of an Application for Grant Funds for the California Museum Grant Program and Approve Corresponding Budget Amendments if Awarded the Grant – Community Services.
d. Adopt Resolution (2024-17) Approving Transmission Owner Rate Case Agreement (2324-212) with Northern California Power Agency, and Authorize City Manager to Execute All Necessary Documents – Electric Utility.
e. Consider Approval of Change Order No. 3, (2223-191-CO3) in the Amount of $3,600, for the Todd Grove Park Public Barbecue Facility Project, Specification 23-03, and Approve Corresponding Budget Amendment – Community Services.
f. Authorize the City Manager to Execute a Three-Year Renewal Agreement (2324-206) with Governmentjobs.com, Inc. (dba "NEOGOV") for Cloud-Based Recruiting and Onboarding Modules in the Amount of $75,211.56 – HR/Risk Management.
Neil Davis, Community Services Director responded to questions regarding Agenda Item 8c.
Motion/Second: Rodin/Crane to approve Consent Calendar Items 7a-7f, as submitted. 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
No public comments were received.
10. COUNCIL REPORTS
Presenters: Councilmembers Sher and Rodin, and Mayor Duenas.
11. CITY MANAGER/CITY CLERK REPORTS
Presenters: Sage Sangiacomo, City Manager; and
Construction Update – Tim Eriksen, Public Works Director / City Engineer. Palace Hotel Update – Shannon Riley, Deputy City Manager.
Public Comment: Pinky Kushner and Dennis Crean, Tom Carter.
City Council Minutes for May 15, 2024, Continued:
12. PUBLIC HEARINGS (6:15 PM)
a. The Ukiah City Council Will Receive a Financial Report for the Electric Utility and Consider Adoption of the Proposed Electric Rate Adjustments by Resolution Presenters: Cindy Sauers, Electric Utility Director and Boris Prokop, Borismetrics.
PUBLIC HEARING OPENED AT 7:14 P.M.
No public comment was received.
PUBLIC HEARING CLOSED AT 7:14 P.M.
Motion/Second: Rodni/Orozco to approve the proposed electric rate adjustments by resolution (2024-18). 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. Consideration of Adoption of Resolution to Remove On-Street Parking on the West Side of Main Street, from the Intersection of Mill Street to Norton Street.
Presenter: Tim Eriksen, Public Works Director/City Engineer.
Motion/Second: Rodin/Sher to adopt a resolution (2024-19) removing on-street parking on the western side of Main Street from the intersection of Mill Street to Norton Street. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None.
ABSENT: None. ABSTAIN: None.
b. Receive Report and Recommendations Regarding Research into the Existing Fee Discount Categories of Select Services of the Planning Division of the Community Development Department, and Provide Direction as Necessary to Staff Presenter: Craig Schlatter, Community Development Director.
Motion/Second: Crane/Orozco to move forward with the proposed recommendations:
1. Direct Staff and the Zoning Reform Ad Hoc to explore the development of a new Administrative use permit (AUP) and/or make additional recommendations on how to streamline entitlement processes.
2. Direct Staff to bring back an amendment to the existing fee schedule at a future Council meeting to remove fee discounts and possibly make additional changes to fees for AUPs and other planning permits.
Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas.
NOES: None. ABSENT: None. ABSTAIN: None.
Report was received and additional direction was given to Staff.
City Council Minutes for May 15, 2024, Continued:
Note: the following three items were heard together.
c. Award Contract for Specification No 21-02 – Great Redwood Trail Phase 4 to Granite Construction of Ukiah, CA, in the Amount of $3,179,369.10, and Approve Corresponding Budget Amendment
d. Approval of a Contract Amendment 3 and 4 for the Additional Design and Environmental Services by GHD Engineers for Technical Services Related to the Great Redwood Trail, in the Amount of $63,635.39, and Approve Corresponding Budget Amendment. e. Receive Report of Contract for Five Year Environmental Monitoring Services by GHD Engineers for the Great Redwood Trail, in the Amount of $35,173.50, and Approve a Corresponding Budget Amendment.
Presenters: Tim Eriksen, Public Works Director/City Engineer and Andrew Stricklin, Senior Civil Engineer.
Staff Comment: Neil Davis, Community Services Director.
Public Comment: Linda Sanders.
13c Motion/Second: Rodin/Crane to award bid (2324-207) to Granite Construction in the amount of $3,179,369.10 for the Great Redwood Trail Phase 4, Specification No 21-02, and approve corresponding budget amendment. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT: None. ABSTAIN: None. 13d Motion/Second: Rodin/Crane to approve contract amendment 3 and 4 (2122-118-A3; (2122- 118-A4)) and budget amendment in the amount of $63,635.39 for additional Design and Environmental Services. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT: None. ABSTAIN: None. 13e Motion/Second: Rodin/Crane to receive report of contract (2324-208), and approve corresponding budget amendment. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT: None. ABSTAIN: None.
RECESS: 8:17 – 8:26 P.M.
14. NEW BUSINESS
a. Approval of Plans and Specifications for the Riverside Park Regeneration Project, Specification 24-05, and Direct Staff to Advertise Bids.
Presenter: Neil Davis, Community Services Director.
Motion/Second: Crane/Rodin to approve the Plans and Specifications for the Riverside Park Regeneration Project, Specification 24-05, and Direct Staff to Advertise Bids. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT:
None. ABSTAIN: None.
b. Consideration of Adoption of Resolution Approving a Cash Flow Financing Plan for City Expenditure-Driven Grant-Funded Projects.
Presenter: Dan Buffalo, Finance Director.
Motion/Second: Rodin/Crane to adopt the Resolution (2024-20) Approving the cash flow financing plan. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas.
NOES: None. ABSENT: None. ABSTAIN: None.
City Council Minutes for May 15, 2024, Continued:
c. Discussion and Possible Action Regarding the Cancellation of July 3, 2024, December 4, 2024, and January 1, 2025, Regular City Council Meetings, with the Option for the Mayor and/or City Manager to Call for a Special Meeting on an Alternate Date if Time Sensitive Business Arises
Presenter: Sage Sangiacomo, City Manager
Motion/Second: Crane/Orozco to approve the cancellation of the July 3, 2023, December 4, 2024, and January 1, 2025, Regular City Council meetings, with the option for the Mayor and/or City Manager to call for a special meeting on an alternate date if time sensitive business arises. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES:
None. ABSENT: None. ABSTAIN: None.
d. 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).
Presenter: Mayor Duenas.
Mayor Directive and Council Consensus to direct Staff to forecast and agendize a Teacher Appreciation Proclamation.
e. (Urgency Item) Adoption of Resolution Authorizing the Submission of an Application for Grant Funds for the CAL Fire Urban and Community Forestry Grant Program, and Authorize City Manager to Execute All Necessary Related Contract Documents.
Presenters: Neil Davis, Community Services Director, and Blake Adams, Chief Resilience Officer.
Motion/Second: Crane/Rodin to adopt a Resolution (2024-21) authorizing the submission of an application for grant funds for the CAL Fire Urban and Community Forestry Grant Program and authorize City Manager to execute all necessary related contract documents. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT:
None. ABSTAIN: None.
THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 8:55 P.M.
15. CLOSED SESSION
a. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(4))
Initiation of litigation (3 cases)
b. 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 c. 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
City Council Minutes for May 15, 2024, Continued:
d. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 002-232-05 and 002-282-02
Negotiator: Sage Sangiacomo, City Manager
Negotiating Parties: Bartolomei Trustees
Under Negotiation: Price & Terms of Payment
e. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 003-230-03-00
Negotiator: Sage Sangiacomo, City Manager
Negotiating Parties: Mark and Jann Lanz
Under Negotiation: Price & Terms of Payment
f. 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 9:30 p.m. ________________________________
Kristine Lawler, CMC
Agenda Item No: 8.a.
MEETING DATE/TIME: 6/5/2024
ITEM NO: 2024-144
AGENDA SUMMARY REPORT
SUBJECT: Annual Report on Mobilehome Park Stabilization Fees and Activities, Adoption of Resolution Updating Program Costs, and Approval to Waive Fees for the FY 2023-24.
DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk PRESENTER: Kristine Lawler, City Clerk
ATTACHMENTS:
1. Ordinance No. 1126
2. CC Reso 2023-21 - Mobilehome Rent Stabilization Fees
3. 2024 Letter to Residents
4. Proposed Resolution - redline and clean
Summary: Council will receive an annual report on the administrative costs and activities regarding the mobilehome park rent stabilization program, and consider waiving the fees for the Fiscal Year 2023-24.
Background: In October 2010, the City Council adopted Ordinance 1126 (Attachment 1) to provide regulations surrounding mobilehome park rent increases and capital improvement pass-through costs. This Ordinance works in tandem with an adopted resolution that sets the administrative fees associated with Section 2715 of the Ordinance, and is reviewed annually.
In 2018, Council gave direction to Staff to charge the mobilehome park stabilization account each year to cover the City administrative costs incurred to maintain the requirements laid out in the Resolution; only invoicing the mobilehome park owners/residents when the balance in the account falls below the estimated costs for arbitration and administrative activities. Staff was also directed to implement an annual educational program to inform the tenants of their rights through the ordinance and resolution, and include those actions and results in the yearly report to Council.
As part of the educational program, a webpage was established and has been maintained on the City’s website at: http://www.cityofukiah.com/mobile-home-park-rent-stabilization-2/. The webpage contains links to the following: Ordinance 1126 and Resolution 2023-21 that govern the stabilization process and costs; the December 20, 2017, Staff Report to Council that details how the fees are assessed; and the annual letter sent to the mobilehome park owners regarding the October CPI, which dictates the amount that rent can be increased. All correspondence and documents pertaining to the mobilehome park rent stabilization are added on an on-going basis to this webpage.
In May of 2023, Council adopted Resolution 2023-21 (Attachment 2) that amended and updated the arbitration and administrative costs.
In addition, a letter (Attachment 3) was sent out on May 3, 2024, to all mobilehome park residents to bring their awareness to the website resource. As of the publication of this agenda item, the Clerk’s office has not received any inquiries or feedback from park residents who wish to learn more about the program.
Discussion: The current before-year-end-close balance in the Mobilehome Rent Stabilization Trust Fund (90000000.23251) is $22,705. The estimated attorney fees for 8 hours at a rate of $400 per hour is $3,200,
discounted by 50% is $1,600. The arbitrators, JAMS and ADR Services, has informed Staff that their 2023 fees have remained the same at $15,500. The estimated administrative and educational outreach costs for the 23-24 Fiscal Year is $1,650 (using the higher of the two invoicing rates specified in Exhibit A of the resolution).
The remaining fund balance less the administrative costs, attorney fees, and arbitrator cost, would leave a balance of $3,955. As the estimated remaining balance would still exceed the suggested reasonable estimate of costs, Staff recommends waiving the annual billing to the mobilehome parks for the fiscal year 2023-24, and authorize the use of the account reserves for the current year administrative activities. If no billing is sent to the mobilehome parks, then the administrative cost plus the educational outreach cost would be $896.
Costs to implement the program shown on Exhibit A to Resolution 2023-21, have changed due to clerk, attorney, and postal rate changes. Therefore, Staff is recommending adoption of a new resolution amending Exhibit A to include the cost differences. Red-line and clean versions of the proposed resolution are included as Attachment 4. These changes would not affect the recommendation to waive the annual fee to the mobilehome parks for the fiscal year 2023-24.
Recommended Action: Receive report on the Mobilehome Park Stabilization Administrative Costs and Activities; adopt the Resolution Amending Exhibit A - updating the program costs; approve waiving fees for the FY 2023-24, and authorized the use of the account reserves for current year administrative activities.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: $22,705
PROPOSED BUDGET AMOUNT: $896
FINANCING SOURCE: 90000000.23251 - Mobilehome Rent Stabilization Trust Fund PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A
DIVERSITY-EQUITY INITIATIVES (DEI): Goal 4 – Identify and actively engage underrepresented communities in which to retain, expand, develop, and implement programs. Goal 6 – Ensure accountability in the implementation of goals and assessment of progress toward outcomes CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A
ORDINANCE NO. 1126
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
UKIAH ADDING A NEW CHAPTER 8, ENTITLED:
MOBILEHOME RENT STABILIZATION," TO DIVISION 1
OF THE UKIAH CITY CODE.
SECTION ONE.
The City Council of the City of Ukiah hereby ordains that a new Chapter 8, entitled "Mobilehome Rent Stabilization" is hereby added to Division 1 of the Ukiah City Code to read as follows.
DIVISION 1 BUILDING
CHAPTER 8 MOBILEHOME RENT STABILIZATION
2700: FINDINGS AND PURPOSE.
A) The State of California has recognized, by the adoption of special legislation regulating tenancies of mobilehome owners in mobilehome parks, that there is a significant distinction between homeowners in mobilehome parks and other dwelling units, and the State likewise has recognized that homeowners in mobilehome parks, unlike apartment tenants or residents of other rental stock, are in the unique position of having made a substantial investment in a residence, the space for which is rented or leased as distinguished from owned.
The physical removal and relocation of a mobilehome from a rented or leased space within a mobilehome park can be accomplished only at substantial cost and inconvenience with a limited concurrent ability to find another location and, in many instances, the removal requires a separation of the mobilehome unit from appurtenances which have been made permanent, thus creating severe damage and depreciation in value to the mobilehome.
Because of the limited availability of vacant spaces in mobilehome parks, the age and condition of some mobilehomes and the cost of moving mobilehomes, it is extremely difficult, if not impossible, to move a mobilehome from one park to another within the City.
B) There is presently within the City and the surrounding areas a shortage of sites for the placement of mobilehomes.
C) According to the Ukiah General Plan Housing Element, mobilehomes presently constitute an important source of housing for persons of extremely low, ATTACHMENT 1
very low, low, and moderate income levels, who as a group are unable to afford unreasonably large rent increases.
D) A large number of persons living in mobilehomes are elderly, some of whom live on small fixed incomes. These persons may expend a substantial portion of their income on rent and may not be able to afford other housing within the City.
E) Rents for sites within mobilehome parks in the City have, prior to the adoption of this chapter, increased substantially, with recent increases in one park exceeding by a substantial amount the annual increase in the cost of living.
F) Space rent increases at the time of sale or other transfer of a mobilehome within a park have been shown to be substantially over the pre-transfer rent.
Such large rent increases at the time of sale of a mobilehome may unfairly depress the sales price of the mobilehome and work an economic hardship on the mobilehome owner. The annual rent increases and vacancy control provisions of this chapter prevent this economic hardship while protecting the property rights of owners.
G) Because of the space shortage and potential for rapidly rising rents, regulation is necessary to assure that economic hardship to a substantial number of mobilehome owners in the City, many of whom are senior citizens on low fixed incomes, does not occur.
H) It is the purpose of this chapter to establish a speedy and efficient method of reviewing certain requested mobilehome space rent increases in mobilehome parks to protect mobilehome owners from arbitrary, capricious or unreasonable site rent adjustments while insuring owners and/or operators and investors a fair and reasonable return on their investment in their mobilehome park. 2701: DEFINITIONS.
For the purpose of this chapter, the following words, terms and phrases shall be defined as follows:
A) "Affected mobilehome owners" means those mobilehome owners whose space is not covered by a valid lease meeting the requirements of section 798. b) 17(of the California Civil Code or otherwise legally exempt from local rent control regulation.
B) "Arbitrator" means a person who is neither a mobilehome owner nor has an interest in a mobilehome park of a nature that would require disqualification under the provisions of the Political Reform Act if the person were a designated City employee, has experience in analysis of financial records, and meets one of the following criteria:
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1) Licensed attorney or CPA who is qualified by experience or training to conduct the arbitrations authorized by this chapter.
2) Membership in the American Arbitration Association with expertise in rental dispute arbitration; or
3) Service as a judge in a state or federal court.
C) "Capital improvement" means those improvements which directly and primarily benefit and serve the existing mobilehome owners by materially adding to the value of the park or adapting it to new uses, and which are required to be amortized over the useful life of the improvements pursuant to the provisions of the Internal Revenue Code. "Capital improvement costs" means all costs reasonably and necessarily related to the planning, engineering and construction of capital improvements and shall include debt service costs, if any, incurred as a direct result of the capital improvement. Capital improvement does not include ordinary maintenance or repairs or Capital replacements.
D) "Capital replacement" means a capital expenditure as defined by the Internal Revenue Code which replaces, upgrades or repairs an existing improvement, such as, but not limited to, an on-site water or electrical distribution or sewage collection system, a street, a parking area, or common facility, such as a laundry, community kitchen or meeting room. If the expenditure qualifies for treatment as a capital expenditure which must be depreciated under the Internal Revenue Code, it is a capital replacement. If it can be fully deducted in one year as a business expense, it does not qualify as a capital replacement.
E) "City" means the City of Ukiah, California.
F) "Clerk" means Clerk of the Ukiah Mobilehome Rent Stabilization Program, who shall be an employee or independent contractor designated by the City Manager as the Clerk and assigned the Clerk's duties as prescribed by this chapter or as needed for the proper implementation of this chapter.
G) "Consumer Price Index" or "CPI" means the Consumer Price Index for all urban consumers in the San Francisco/ SanOakland/Jose area published by the United States Bureau of Labor Statistics.
H) "Department" means the Department of Community Development of the City of Ukiah.
1) " MRL" means the California Mobilehome Residency Law.
J) "Mobilehome" means
1) a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code, including a manufactured home, as defined in Section 18007 of the Health and Safety Code, and a mobilehome, as defined in Section 18008 of the Health and Safety Code, but, except as provided in subdivision (2), does not include a recreational vehicle, as defined in Section 799.29 of the Civil Code and Section 18010 of the Health and Safety Code or a commercial coach as defined in Section 18001.8of the Health and Safety Code.
2) "Mobilehome," for purposes of this chapter, also includes trailers and other recreational vehicles of all types defined in Section 18010 of the Health and Safety Code, other than motor homes, truck campers, and camping trailers, which are used for human habitation, if the occupancy criteria of either paragraph (i) or (ii), as follows, are met:
i) The trailer or other recreational vehicle occupies a mobilehome site in the park, on November 15, 1992, under a rental agreement with a term of one month or longer, and the trailer or other recreational vehicle occupied a mobilehome site in the park prior to January 1, 1991. ii) The trailer or other recreational vehicle occupies a mobilehome site in the park for nine or more continuous months commencing on or after November 15, 1992.
Mobilehome" does not include a trailer or other recreational vehicle located in a recreational vehicle park subject to Chapter 2.6 (commencing with Section 799.20) of the Civil Code.
K) "Mobilehome park" or "park" means any area of land within the City of Ukiah where two or more mobilehome spaces are rented, or held out for rent, to accommodate mobilehomes used for human habitation.
L) "Mobilehome space" means the site within a mobilehome park intended, designed or used for the location or accommodation of a mobilehome and any accessory structures or appurtenances attached thereto or used in conjunction therewith.
M) "Mobilehome owner" means a person who is the owner of a mobilehome and legally occupies the mobilehome within a mobilehome park. Unless otherwise indicated, mobilehome owner includes tenants.
N) "Owner" means the owner or operator of a mobilehome park or an agent or representative authorized to act on said owner's or operator's behalf in connection with the maintenance or operation of such park. 4
O) "Party" as used in this chapter refers to any affected mobilehome owner and/or owner involved in proceedings under this chapter.
P) "Prospective mobilehome owner" means a person who is in the process of negotiating a tenancy in a mobilehome park.
Q) "Rent" means the consideration paid for the use or occupancy of a mobilehome space.
R) "Rent stabilization administration fee" means the fee established from time to time by resolution of the City Council in accordance with the provisions of the chapter.
S) "Rent increase" means any increase in base rent charged by an owner to a mobilehome owner or offered to a prospective mobilehome owner.
T) "Tenant" means the person or persons who have signed a lease of a mobilehome park space as the lessee of the space.
2702: BASE RENT.
Except as provided in this chapter, an owner shall not demand, accept or retain rent for a mobilehome space exceeding the base rent which shall be the rent in effect for that space on the date this section becomes effective (the Effective Date"). If a previously rented mobilehome space was not rented on the Effective Date, the base rent shall not exceed the rent in effect during the last month the space was rented prior to that date, except as provided in this chapter.
For a mobilehome space first rented after the Effective Date, the owner shall establish the base rent. For parks annexed into the City after the Effective Date, the base rent shall be the rent charged on the effective date of a park's annexation into the City.
2703: CONSUMER PRICE INDEX, UTILITIES AND OTHER PASS
THROUGHS.
A) Consumer Price Index. An owner, once in any 12-month period, may impose a rent increase for a mobilehome space by 100 percent of the percentage increase, if any, in the Consumer Price Index (CPI) during the most recent 12-month period ending in October; provided, however, the rental increase shall not exceed five percent of the previous rent charged for the space.
If an owner has obtained a rent increase under subsection 2704(B), the owner may calculate the rent increase allowed by this subsection based upon the approved comparable rent as allowed in subsection 2704(8) instead of upon the actual rent in effect at the time of the increase.
B) If the change in the CPI exceeds five percent for two consecutive years, the Clerk shall review the maximum rent increase and recommend an ordinance amendment if appropriate.
C) Government Mandated Expense Pass Through. An owner may pass through to affected mobilehome owners any new or increase in government mandated capital expenditures and operating expenses including taxes (other than the two percent annual increase authorized by California Constitution Article XIIIA, section 2(b)) and assessments, fees and mandated expenses due to code changes subject to the following procedure:
1) Upon a petition signed by one adult mobilehome owner for each of 50 percent of the spaces subject to rent control in a mobilehome park or 50 spaces, whichever is less, and filed with the Clerk within 30 days of the date the owner gives notice of a government mandated expense pass through to every affected mobilehome owner, the Arbitrator, in accordance with the meet and confer and arbitration procedures provided in this chapter, may disallow or decrease the proposed pass through based upon substantial evidence in the record that the pass through is not legally proper, or is excessive, or that during the pass through period the owner is including an unreasonably high financing cost and/or return on the expense being passed through.
D) Utilities. If not billed by the utility directly to the mobilehome owner, an owner may separately pass through to a mobilehome owner charges for all utilities, including, but not limited to, sewer, water, garbage, cable TV., gas and electricity, and any increases in such charges, subject to compliance with Sections 3960-3963. Notwithstanding any provision to the contrary in this section, the owner shall not pass through any charge or expense for gas or electric service to the extent prohibited by section 739.5 of the California Public Utilities Code.
E) Capital Improvement Pass Through. An owner may charge to the affected mobilehome owner as additional rent the pro rata share of new service and capital improvement costs including reasonable financing costs if, prior to initiating the service or incurring the capital improvement cost, the owner has:
1) Consulted with the mobilehome owners prior to initiating construction of the improvements or initiating the new service regarding the nature and purpose of the improvements or services and the estimated cost of the improvements or services;
2) Obtained the prior written consent of at least one adult mobilehome owner in each of a majority of the mobilehome spaces which are occupied by the mobilehome owner to the proposed service or capital improvement. Each space shall have only one vote.
6
F) Capital Replacement Pass Through. Notwithstanding the provision of subsection E of this section, an owner may charge to the mobilehome owner as additional rent the pro rata share of capital replacement costs including reasonable financing costs, if not otherwise prohibited by law, subject to the following procedure:
1) The owner may seek advance approval for the proposed pass through, before undertaking the capital project, by following the procedures set forth in Sections 2709 to 2711. If the increase is approved by the Arbitrator, it shall not be effective until the next regularly scheduled annual rent increase date, provided that the 90-day notice is issued, the expense is actually incurred and that proper verification is submitted. This verification shall include, at a minimum, proof of actual costs and payment to vendors or contractors. In the event that the actual cost of the capital expense is less than the approved amount, the increase shall be adjusted to reflect this decreased amount;
2) The owner shall give notice of the proposed pass through to each affected mobilehome owner no later than 12 months after completion of the capital replacement work;
3) Upon a petition signed by one adult mobilehome owner of each of 50 percent of the spaces subject to rent control in a park or 50 spaces subject to rent control, whichever is less, and filed with the Clerk within 30 days of the date the owner gives notice of the pass through to every affected mobilehome owner, the Arbitrator, in accordance with the arbitration procedure provided in this chapter, may disallow or decrease the pass through for capital replacements based upon substantial evidence in the record that the capital replacement was not necessary, or that the cost of the capital replacement was excessive, or that during the pass through period, the owner is including an unreasonably high financing cost and/or return on the expense being passed through. The owner shall have the burden of proving the necessity for and reasonable cost of the capital replacements. In determining whether the owner has met its burden of proving the necessity for and reasonable cost of the capital replacement, the Arbitrator may consider, among other factors, the reasonableness of the owner's history of maintenance of the property or improvement to be replaced. The Arbitrator'sreview will include, but not necessarily be limited to, the records reflecting past maintenance work and the cost.
G) All charges passed through by the owner to the mobilehome owners pursuant to subsection C and D of this section and additional rent charged pursuant to subsections E and F of this section must be separate from the base rent and listed separately. All billings used to calculate a pass through or additional rent to mobilehome owners must be disclosed within a reasonable time upon request by a mobilehome owner.
7
H) Notice. A written notice of each rent increase or new or increased capital improvement or capital replacement pass through charge made under the provisions of this section shall be filed by the owner with the Clerk, and provided to each affected mobilehome owner, at least 90 days before the rent increase goes into effect or as required by the MRL. The notice shall identify the park and shall specify the dollar amount of the increase, the percentage of the increase, an itemization of all new or increased pass throughs and additional rent charges, the specific space affected, the date the increase will go into effect, how each increase was calculated, and the date the rent on each affected space was last increased. The notice shall also advise each affected mobilehome owner of any right to petition for review of a proposed rent increase and that a petition form may be requested from the Clerk.
1) Whenever a time period is prescribed for filing an application or petition, the application or petition shall be deemed filed when it is first filed with the Clerk, even if the Clerk determines that the application or petition is not complete, provided that the Clerk determines that application or petition is complete, as a result of additional submissions by the applicant or petitioner, within thirty days of the initial filing.
2704: IN-PLACE TRANSFER RENT INCREASES-ESTABLISHMENT OF NEW BASE RENT.
A) Whenever either of the following events occurs, an owner shall be permitted to charge a new base rent for the mobilehome space as provided in this section:
1) The termination of the tenancy of the affected mobilehome owner in accordance with the MRL (California Civil Code sections 798.55 through 798.60, as amended, excepting section 798.59); or
2) The voluntary permanent removal of a mobilehome by a mobilehome owner. A removal of the mobilehome from the space for the purpose of performing rehabilitation or capital improvements to the space or for the purpose of upgrading the mobilehome shall not constitute a voluntary removal of the mobilehome.
B) Upon the sale of a mobilehome in-place, an owner may implement an increase of the base rent for that space in an amount equal to 10% of the rent for that space then in effect.
C) Except as provided in subsections (A) and (B), an owner may not condition an in-place transfer of a mobilehome or condition assignment of an existing lease to a prospective mobilehome owner, upon agreement to an increased rent in anticipation of the in-place transfer. This subsection shall not apply to specific conditions included in a lease exempt from rent control which
allows an owner to condition assignment in a manner prohibited by this section.
For purposes of this subsection, "a lease exempt from rent control" means a lease meeting, in all respects, the criteria of Civil Code section 798. b), 17(as such criteria are presently enacted or may hereafter be amended. 2705: FAIR RETURN RENT INCREASES.
If an owner presents evidence to the Arbitrator, including any financial records requested by the Arbitrator, which proves that the owner is denied a fair return by the rent control provisions of this chapter, the Arbitrator may authorize an increase in rents as deemed appropriate by the Arbitrator to provide a fair return to the owner. The Arbitrator shall use the method set forth in subsection 2711(C) to determine the fair return.
2706: RENT FREEZE OR RENT ROLLBACK.
A) Upon the petition signed by one adult mobilehome owner of 50 percent of the spaces subject to rent control in a park or 50 spaces subject to rent control, whichever is less, the Arbitrator may prohibit future rent increases for spaces governed by this chapter, upon its determination that maintenance by the owner has been substantially reduced and is insufficient to adequately maintain the park in a habitable condition. The determination shall be based upon substantial evidence in the record. The prohibition may be continued until the Arbitrator determines that maintenance by the owner has been restored to a reasonable level.
B) Upon petition by one or more affected mobilehome owners, an Arbitrator may prohibit future rent increases, or order a rollback of the existing rent as to those petitioners, upon its determination that after the Effective Date, an owner instituted a rent increase inconsistent with the criteria established by this chapter.
The determination shall be based upon substantial evidence in the record. The prohibition may be continued until the Arbitrator determines that the rent has become consistent with this chapter.
2707: TIME OF ALLOWED RENT INCREASE/ADJUSTMENT.
A) Once within a 12-month period, the owner may implement a CPI rent adjustment (subsection 2703(A)), if any, or a fair return increase (Section 2703), but not both.
B) A capital replacement pass through under subsection 2703(F) may only be implemented on the effective date of the CPI or fair return rent adjustment.
C) The following increases or adjustments may be implemented at any time during the year:
9
1) Government mandated expense pass through (subsection 2703(C)); 2) Utility pass throughs (subsection 2703(D));
3) Capital improvements (subsection 2703(E));
4) In-place transfer rent increases (Section 2704).
Any increases subject to arbitration shall be implemented after the final ruling of the Arbitrator.
D) Rent freeze and rent rollbacks shall be implemented at the time they are ordered (Section 2706).
2708: ARBITRATION.
A) Matters Subject to Arbitration.
1) An owner shall file with the Clerk:
a) An application seeking to increase space rents beyond 100 percent of the CPI to provide a fair return to the owner as allowed by Section 2705. 2) Affected mobilehome owners may file with the Clerk:
a) A petition objecting to a government mandated expense pass through as allowed by subsection 2703(C);
b) A petition objecting to a capital replacement pass through as allowed by subsection 2703(F);
c) A petition for rent freeze as allowed by subsection 2706(A); d) A petition for rent rollback as allowed by subsection 2706(B).
B) These petitions and applications shall be decided by the Arbitrator.
C) Cost of Arbitration. The cost of arbitration shall be paid by the Clerk out of revenue from the rent stabilization administration fee. The Arbitrator may reimburse the City by assessing the cost of the arbitration to either party if the Arbitrator determines that the position taken by the party is frivolous. 2709: PROCEDURES FOR FAIR RETURN NOTICE AND APPLICATION AND PETITION FORMS.
10
A) Notice. At least 10 days prior to submission of a fair return application or a petition to the Clerk, the applicant or petitioner shall mail or deliver a notice and a copy of the application or petition to the owner and each affected mobilehome owner in the park. The notice shall be on a form specified by the Clerk. The at the park's office and shall be posted on the City'swebsite. One copy of the supporting documents shall be provided by the applicant or petitioner at no cost to the other party. All fair return notices shall include the following information:
1) The amount of the rent increase both in dollars and as a percentage of the existing rent, how it was calculated, an itemization of all pass throughs and additional rent charges, information that explains and supports the level of increase proposed including, at a minimum, a summary of the owner's net operating income for the base year and the preceding 24 months and other relevant information that supports the level of rent increase desired, the effective date of the increase and that copies of the supporting documents shall be provided by the owner at no cost to the mobilehome owners' representative and be available to the mobilehome owners at the park's office for inspection and on the City's website;
2) The name, address and telephone number of the Clerk or designee, a statement to inform the mobilehome owners to contact the Clerk or designee for an explanation of the provisions of this chapter, and that a roster of affected mobilehome owners can be requested from the Clerk; and
3) A copy of the official petition form which is to be used for the process established by this chapter.
B) Application/Petition Forms. The application or petition shall be filed with the Clerk on the form prescribed by the Clerk and must be accompanied by all supporting material necessary to support the request. The application and petition shall contain the following declaration: "I declare under penalty of perjury that the foregoing is true and correct." The application shall be dated and subscribed by the applicant(s) and shall state the place of execution. 1) Within five working days of receipt, the Clerk shall complete a preliminary review of the application or petition. Applications or petitions which are incomplete will not be considered properly filed.
2) No further action shall take place on applications or petitions which are not properly filed, and the Clerk may decline to accept such application and/or return them to the petitioner immediately after the preliminary review with a notice of the defects.
11
3) When the Clerk determines that the application or petition is complete, the Clerk shall send a written notice of confirmation of receipt of a completed application or petition to the parties.
4) In capital replacement proceedings and in government mandated capital expenditure and operating expense proceedings, affected mobilehome owners shall have 30 calendar days after receipt of the confirmation of the completed application to file with the Clerk a petition objecting to the rent increase signed by one adult tenant in at least 50 percent of the mobilehome spaces subject to rent control.
C) Insufficient Objection-Capital Replacement or Government-Mandated Pass Through Proceeding-Clerk Action. If less than the required number of affected mobilehome owners object to a proposed capital replacement or government-mandated pass through, or if objection is withdrawn, including any amendments, before or after the meet and confer process, the Clerk shall approve the requested pass through.
2710: PROCEDURE FOR MEET AND CONFER.
Within 10 working days of the date of the Clerk's notice of a completed application or petition and prior to assignment of an Arbitrator, affected mobilehome owners and owners shall meet and confer with each other's representatives. The time, place and date of the meeting shall be agreed to by the parties or, if the parties cannot agree, determined by the Clerk. Written notice of the scheduled meeting shall be given by the applicant or petitioner. At the meeting, representatives of the parties shall exchange documentary evidence that the parties, in good faith then know, will be used to support their respective positions in an arbitration and discuss the issues in dispute. In the case of an owner, all financial data upon which any proposed increase is claimed shall be supplied to affected mobilehome owner representatives at the time of the meet and confer meeting. The parties may request that the Clerk provide a mediator, at no cost to the parties, to assist with the meet and confer process. The Arbitrator may deny an application based on the applicant'sfailure to participate in good faith in the meet and confer process.
2711: PROCEDURES FOR ARBITRATION.
A) The Clerk shall give written notice to the applicant or petitioners and mobilehome owner representative that the application/petition has been referred to arbitration.
1) An Arbitrator shall be appointed in the following manner:
a) The Clerk shall maintain a list of qualified arbitrators. 12
b) Assignment of Arbitrator and Hearing Date. The Clerk shall choose three possible Arbitrators and present them to the residents' representative and the owner. Within five days each party may challenge one candidate. The one remaining shall be the selected Arbitrator. If both parties challenge the same candidate, the Clerk shall choose between the two remaining candidates. The Clerk shall set a date for the arbitration hearing no sooner than 30 or no later than 40 days after the Arbitrator is assigned. The owner and affected mobilehome owners shall be notified immediately in writing by the Clerk of the date, time and place of the hearing and this notice shall be served either in person or by ordinary mail. The parties may agree, in writing, to extend these times. The Arbitrator may extend the date for the arbitration hearing upon a showing of good cause.
2) The Arbitrator shall conduct a hearing with the parties and/or their representatives. During this hearing process, the concerns of each party shall be discussed and the Arbitrator shall indicate the amount and nature of information needed from any party in order to reach a determination. In fair return proceedings in Section 2705, this shall include four years of the income and expense portion of the general ledgers for the park. All information submitted shall be in writing and shall be certified in the same manner as set forth in subsection 2709( TheB).applicant or petitioner shall have the burden of proof unless other sections of this chapter specify otherwise. Each party shall comply with the Arbitrator'srequest for information within seven days of the request.
Additional information provided to the Arbitrator shall be immediately available to the owner or affected mobilehome owner representative which will have seven days to give written comment to the Arbitrator. The Arbitrator may proceed under this part regardless of whether any party defaults in providing any of the requested information.
B) Arbitration Determination.
1) Within 21 days of the hearing, but no later than 90 days from the date of the owner'srent increase notice, the Arbitrator shall deliver his or her decision on the application or petition and a bill for services to the Clerk. 2) The rent increase in a fair return proceeding shall not exceed the increase requested in the application.
3) The Clerk shall provide the result of the Arbitrator'sdecision to the affected parties.
4) The Arbitrator'sdecisions are final and not appealable to the City Council.
C) Method to Determine a Fair Return.
13
1) The base year for the purpose of this section shall be the last full fiscal year prior to the park becoming subject to this chapter. The Arbitrator may establish an alternative base year if the owner is unable to produce records of the last full fiscal year prior to the park becoming subject to rent control. 2) It shall be presumed that the net operating income produced by the property during the base year provided a fair return. An owner shall be entitled to rents to earn a just and reasonable return and to maintain and increase their base year net operating income in accordance with subsection (C)(4) of this section. This method is called maintenance of net operating income (MNOI) and shall be included in all applications.
3) The applicant or the affected mobilehome owners may present evidence to rebut the presumption of fair and reasonable return based upon the base year net operating income. To make such a determination and in order to adjust to the base year net operating income, the Arbitrator must make the following finding:
a) The owner'soperating and maintenance expenses in the base year were unusually high or low in comparison to other years. In such instances, adjustments may be made in calculating such expenses so that the base year operating expenses reflect average expenses for the property over a reasonable period of time. In considering whether the base year net operating income yielded more or less than a fair net operating income, the Arbitrator shall consider the following factors:
i) Substantial repairs were made due to damage caused by uninsured disaster or vandalism;
ii) Maintenance and repairs were below accepted standards so as to cause significant deterioration of housing services;
iii) Other expenses were unreasonably high or low notwithstanding prudent business practice; and
iv) The rent in the base year was disproportionately low due to the fact that it was not established in an arms-length transaction or other peculiar circumstances.
4) Fair Net Operating Income. The Arbitrator shall submit a determination based on rental income which will provide the owner a net operating income which shall be increased by 100 percent of the percentage increase in the CPI over the base year's CPI index. The base year CPI shall be the CPI for the first day of June. For purposes of this section, the current CPI shall be the CPI last reported as of the date of the completed application.
14
5) Net operating income of a mobilehome park means the gross income of the park less the operating expenses of the park.
6) Gross income means the sum of the following:
a) Gross space rents computed as gross space rental income at 100 percent occupancy (but excluding rent attributed to a space occupied by a park employee who receives the space rent free as part of the employee's compensation); plus
b) Other income generated as a result of the operation of the park, including, but not limited to, fees for services actually rendered; plus c) All other pass through revenue received from mobilehome owners except capital pass throughs and gas and electric; minus
d) Uncollected space rents due to vacancy and bad debts to the extent that the same are beyond the owner'scontrol. There is a rebuttable presumption that uncollected space rents in excess of the average of the current and past three years uncollected rents (each year's rent shall be adjusted by the change in the CPI between that year and the final year of the four-year period) are excessive and shall not be deducted from gross income.
7) Operating expenses means:
a) Real property taxes and assessment;
b) Advertising costs;
c) Management and administrative expenses including the compensation of administrative personnel;
d) Repair and maintenance expenses for the grounds and common facilities including, but not limited to, landscaping, cleaning and repair of equipment and facilities;
e) In addition to the management expenses listed above, where the owner performs onsite managerial or maintenance services which are uncompensated, the owner may include the reasonable value of such services. Owner-performed labor shall be limited to five percent of gross income unless the Arbitrator finds that such a limitation would be substantially unfair in a given case. No credit for such services shall be authorized unless an owner documents the hours utilized in performing such services and the nature of the services provided; f) Operating supplies such as janitorial supplies, gardening supplies, stationery and so forth;
15
g) Insurance premiums related to operation of the park prorated over the life of the policy;
h) Payroll taxes, business, utility, license and permit fees; i) Dues;
j) Consultant services for park operation and maintenance; k) All operating expenses must be reasonable and necessary. Whenever a particular expense exceeds the normal industry or other comparable standard, the owner shall bear the burden of proving the reasonableness of the expense.
To the extent that an Arbitrator finds any expense to be unreasonable, the Arbitrator shall adjust the expense to reflect the normal industry or other comparable standard;
1) There is a rebuttable presumption that expenditures in the current year are unreasonable to the extent that they substantially exceed the average of the current and past three years (each year's expenses shall be adjusted by the change in the CPI between that year and the final year of the four-year period); m) Operating expenses shall not include the following:
i) Mortgage debt service expenses;
ii) Land-lease expenses;
iii) Depreciation;
iv) Income taxes;
v) Electric and gas expenses included in Section 739.5 of the California Public Utility Codes;
vi) The cost of government mandated expenses (subsection 2703(C)), capital improvements (subsection 2703(D)), or capital replacements (subsection 6- 040(66. F)).
8) Notwithstanding any other provisions of the ordinance codified in this chapter, the Arbitrator is authorized to approve any rent increase that is constitutionally required by law to yield a fair return.
E) Subpoenas. The parties may obtain the issuance and service of a subpoena for the attendance of witnesses or the production of other evidence at the arbitration hearing. Subpoenas shall be issued and attested by the Clerk. 16
Issuance of the subpoena must be obtained upon the filing with the Clerk of the City of an affidavit or declaration, under oath, setting forth the name and address of the proposed witness; specifying the exact things to be produced and the relevancy to the issues involved; and stating that the witness as the desired things in his/her possession or under his/her control.
Service of the subpoena on a witness to attend arbitration must be at least five working days before the hearing. Service of a subpoena duces tecum must be at least 21 days before the hearing. Any party served with a subpoena duces tecum must produce copies of the requested items to the subpoenaing party no later than 10 days before the hearing.
A subpoena need not be issued when the affidavit or declaration is defective in any particular. No arbitration hearing may be continued due to the failure to file a timely request, or to timely serve a subpoena. Any person who refuses, without lawful excuse, to attend the arbitration or to produce relevant evidence as required by a subpoena served upon that person shall be guilty of a misdemeanor.
No subpoena shall issue until after the parties have met and conferred as required in Section 2710.
F) Increases for Capital Expense. Increases attributed to a capital expense, as approved by the Arbitrator to provide a park with a fair return, shall not be included in base rent. These increases must be separately itemized on the monthly rent invoice and terminate at the end of the approved amortized period.
Advance approval and effective date of the increase shall be as allowed in subsection 2703( 1). F(
G) Rent Increase Effective Date. Rent increases approved by the Arbitrator, as determined necessary to provide an owner with a fair return, shall be allowed upon the effective date given by the applicant in the notice to the affected mobilehome owners, required in section 798.30 of the California Civil Code. 2712: REFUSAL OF MOBILEHOME OWNER TO PAY ILLEGAL RENT.
An affected mobilehome owner may refuse to pay any rent in excess of the maximum rent permitted by this chapter. The fact that such unpaid rent is in excess of the maximum rent shall be a defense in any action brought to recover possession of a mobilehome space for nonpayment of rent or to collect the illegal rent.
2713: DISCLOSURES.
An owner shall disclose to each prospective tenant the current and proposed base rent for the mobilehome space and the rental agreement options required 17
by this section and Section 2714, provide each prospective tenant with a copy of this chapter, and disclose to the prospective tenant that if the prospective tenant signs a lease with a term of more than one year, that lease will be exempt from rent control. The owner shall give the required disclosure and provide a copy of this chapter to the prospective tenant at the time that the owner, or owner's representative, receives the prospective tenant'sapplication for tenancy. The required disclosures shall be made in a form approved by the Clerk, and the owner shall obtain a signature of the prospective tenant on the disclosure form acknowledging receipt of the disclosures. An owner must retain the signed disclosure form throughout the entire tenancy of the tenant. This signed form shall be made available to the Clerk upon reasonable written notice. 2714: PROSPECTIVE MOBILEHOME OWNER-TENANCY 12 MONTHS OR LESS.
All prospective tenants shall be offered the option of a tenancy of 12 months or less upon terms consistent with the provisions of the ordinance codified in this chapter. This section shall not apply to prevent a mutually agreed upon assignment between an owner and an existing mobilehome owner of an existing lease, provided any such assignment does not violate subsection 2704(C). 2715: RENT STABILIZATION ADMINISTRATION FEES.
All or any portion of the costs to administer this chapter may be collected by the imposition of an annual rent stabilization administration fee established by resolution of the City Council. The fee shall be chargeable against the total number of mobilehome spaces in the City subject to rent control determined on a date certain each year to be established by the City Council. The owner who pays these fees may pass through to the mobilehome owners, subject to rent control on the date established by the City Council, 50 percent of the fees assessed against a mobilehome space. The fee shall be due on a date established by the City Council but may be paid in quarterly installments by the owners. Owners of parks annexed to the City after the Effective Date, shall be charged the fee established by resolution beginning on the effective date of the annexation.
2716: AMENDMENT.
Any amendment to this chapter shall require a prior public hearing before the City Council with notice thereof published in a newspaper of general circulation in the City at least 10 days prior to the hearing.
2717: VIOLATION.
18
Every person who violates any provision of this chapter is guilty of a misdemeanor. This section shall not apply to the Arbitrator or officers or employees of the City.
SECTION TWO
1. COMPLIANCE WITH CEQA. The City Council finds that this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060( 2) ( c(the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), 15061( 3) ( b(there is no possibility the activity in question may have a significant effect on the environment.)
2. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have adopted this Ordinance and any section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or otherwise invalid.
3. EFFECTIVE DATE. This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty 30) days after its adoption.
4. MANDATORY REVIEW. The City Council shall review this ordinance at the next regular City Council meeting occurring after the first anniversary of the Effective Date of this ordinance. The review shall consider whether the ordinance should be amended or repealed based on the City's experience of the implementation of the ordinance over that one year period.
Introduced by title only on October 6, 2010, by the following roll call vote:
AYES: Councilmembers Landis, Rodin, Baldwin, and Mayor Thomas NOES: Councilmember Crane
ABSENT: None
ABSTAIN: None
Adopted on October 20, 2010, by the following roll call vote:
AYES: Councilmembers Landis, Rodin, Baldwin, and Mayor Thomas NOES: Councilmember Crane
ABSENT: None
ABSTAIN: None
s/ Benj Thomas, Mayor
ATTEST:
s/JoAnne M. Currie, City Clerk
19
Re-adopted on January 5, 2011, by the following roll call vote:
AYES: Councilmembers Landis, Thomas, Baldwin, and Mayor Rodin NOES: Councilmember Crane
ABSENT: None
ABSTAIN: one
Mari Rodin, Mayor
ATTEST:
foAnne Currie, City Clerk
20
RESOLUTION NO. 2023- 21
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING EXHIBIT A TO RESOLUTION 2022- 33 ADOPTING RENT STABILIZATION FEES FOR ARBITRATION AND
ADMINISTRATIVE COSTS TO CITY OF UKIAH MOBILEHOME PARKS
WHEREAS:
1. Ukiah City Code (" UCC") Section 2715, provides that " all or any portion of the costs to administer this chapter[ Division 2, Chapter 8 of the UCC (" Chapter 8")] may be collected by the imposition of an annual rent stabilization administration fee established by resolution of the City Council"; and
2. Costs to administer the program have been assessed and are shown in Exhibit A; and
3. Wth the elimination of redevelopment agencies by the State of California, all of the cost to administer Chapter 8 is borne by the City' s General Fund; and
4. Under UCC Section 2708. C, the cost of arbitrations must be paid from the rent stabilization administration fee. Exhibit A states a reasonable estimate for the annual cost to administer Chapter 8, including potential arbitrations; and
5. There are 382 mobilehome park spaces subject to rent control in the City of Ukiah, with the final annual per space cost being determined each year based on occupied non- longterm leased spaces; and
6. Under UCC Section 2715, the owner who pays these fees may pass through to the tenant of the space 50 percent of the fees assessed for the space; and
7. Under UCC 2715, the resolution establishing the fee must specify the date by which the fee is due, but the fee may be paid by the park owners in quarterly installments; and
8. There are six City of Ukiah mobilehome parks that are subject to the Rent Stabilization Ordinance, including Circle Trailer Court ( 60 units), Manor Home Mobile Estates ( 137 units), Shady Grove Mobile Home Park ( 4 units subject to rent control), Modern Mobile Home Park( 26 units), Harold' s Square Mobile Home Park( 59 units), and Rancho Del Ray Mobile Home Park ( 96 units).
NOW, THEREFORE, BE IT RESOLVED that:
1. The City Council of the City of Ukiah approves an annual administration fee an amount equally divided between billable spaces subject to rent control to be paid by the City' s six mobilehome parks.
2. The fee is due on July 30 of each year, but may be paid in quarterly installments on July 30, October 30, January 30, and April 30.
3. The City Council shall review the administration costs, including the cost of any arbitrations, on an annual basis, during budget preparation as part ofthe annual fee review 1 ATTACHMENT 2
in May and June, and make any adjustments so that the fee does not exceed the cost to administer Chapter 8.
4. This resolution supersedes resolution 2022- 33.
PASSED AND ADOPTED at a regular meeting of the City Council held on May 17, 2023, by the following roll call vote:
AYES: Councilmembers Orozco, Sher, Crane, Duenas, and Mayor Rodin NOES: None
ABSTAIN: None
ABSENT: None
Mari Rodin, Mayor
ATTEST:
L/4dntKristine Lawler, City Clerk
2
EXHIBIT A
Estimated Administrative Costs:
TOTAL-$ 1, 456 ( Uslng the higher rate of the two invoicing rates below) MHP = Mobile Home Park
Estimated Attorney Fees for Various Matters Pertaining to Mobilehome Parks: $ 1, 400 Note: only the actual expenses would be billed to the account) Estimated Arbitration Costs:
TOTAL-$ 15, 500
The Northern California rates charged for arbitrations conduct by ADR Service, Inc., an alternate dispute resolution service that has rates in the middle between JAMS at the high end and lone arbitrators at the low end.
An arbitration through ADR includes a $ 500 administrative fee, plus the hourly or daily rate charged by the arbitrator and the fees charged by ADR. ADR arbitrators are retired judges or attorneys. The hourly rates vary from $ 500 at the low end to$ 2, 000 at the high end. The average hourly rate is $ 1, 250.
Assuming an arbitration hearing takes one 8- hour day and the arbitrator takes 4 hours to prepare a written decision, 12 hours @ $ 1, 250 = $ 15, 000 + $ 500 ( admin fee; assuming only two parties) for a total of$ 15, 500.
Educational Outreach Costs: $ 427
Draft Letter to Residents
Print, fold, label, and stuff envelopes
Postage to send educational outreach letters
If MHP owners are invoiced: $ 1, 029 + postage
Includes:
Review CPI and write annual letter to MHP owners regarding the CPI.
Review MHP rent increase letters per Ordinance 1126, Section 2703( H) Staff Report to Council
Send Letters to MHP owners requesting number of billable spaces Prep invoices
Receive and process payments
Total divided by 382* spaces =$ 2. 69 per space.
If MHP owners are not invoiced: $ 373
Includes:
Review CPI and write annual letter to MHP owners regarding the CPI.
Review MHP rent increase letters per Ordinance 1126, Section 2703( H) Staff Report to Council
Send post-Council decision to waive fee letters to MHP owners Total divided by 382* spaces= . 98 cents per space ( rounded).
Note— This is the number of spaces calculated in Ordinance 1126, however, the actual number of billable spaces is determined each year depending on the number of occupied spaces by non-long-term leases.
TOTAL REASONABLE ESTIMATE FOR THE ANNUAL COST TO ADMINISTER CHAPTER 8, INCLUDING POTENTIAL ARBITRATIONS IS $ 18, 356.
300 Seminary Avenue • Ukiah • CA • 95482-5400
Phone: (707) 463-6200 · Fax: (707) 463-6204 ·www.cityofukiah.com May 6, 2024
SUBJECT: Mobilehome Park Rent Stabilization Resource Information Dear Mobilehome Park Residents,
This letter is an educational outreach only, so that you are aware of your rights – per ordinance 1126 and resolution 2023-21- as a mobilehome park resident.
In 2011, the Ukiah City Council adopted an ordinance to establish a mobilehome park rent stabilization. In an effort to assist mobilehome park residents to better understand how the rent increases, and fees and pass-through charges operate, a webpage was created on the City of Ukiah’s website, which can be found at: https://cityofukiah.com/cityclerk/#mobile-home .
Mobilehome park residents are encouraged to explore the webpage, which contains the full ordinance and resolution that explains how the rent stabilization works. There are also links to annual correspondence regarding the October CPI index, which is what determines the amount by which rent can be increased, and staff reports presented to the City Council explaining in detail how the yearly fees operate.
The City Clerk’s office is available to address any questions or concerns that you may have and can be reached by email at [email protected], or by calling 707-463- 6217.
Sincerely,
Kristine Lawler
City Clerk
ATTACHMENT 3
1 RESOLUTION NO. 20232024-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING EXHIBIT A TO RESOLUTION 20222023-33 21 ADOPTING RENT STABILIZATION FEES FOR ARBITRATION
AND ADMINISTRATIVE COSTS TO CITY OF UKIAH MOBILEHOME PARKS WHEREAS:
1. Ukiah City Code (“UCC”) Section 2715, provides that “all or any portion of the costs to administer this chapter [Division 2, Chapter 8 of the UCC (“Chapter 8”)] may be collected by the imposition of an annual rent stabilization administration fee established by resolution of the City Council”; and
2. Costs to administer the program have been assessed and are shown in Exhibit A; and
3. With the elimination of redevelopment agencies by the State of California, all of the cost to administer Chapter 8 is borne by the City’s General Fund; and
4. Under UCC Section 2708.C, the cost of arbitrations must be paid from the rent stabilization administration fee. Exhibit A states a reasonable estimate for the annual cost to administer Chapter 8, including potential arbitrations; and
5. There are 382 mobilehome park spaces subject to rent control in the City of Ukiah, with the final annual per space cost being determined each year based on occupied non-longterm leased spaces; and
6. Under UCC Section 2715, the owner who pays these fees may pass through to the tenant of the space 50 percent of the fees assessed for the space; and
7. Under UCC 2715, the resolution establishing the fee must specify the date by which the fee is due, but the fee may be paid by the park owners in quarterly installments; and
8. There are six City of Ukiah mobilehome parks that are subject to the Rent Stabilization Ordinance, including Circle Trailer Court (60 units), Manor Home Mobile Estates (137 units), Shady Grove Mobile Home Park (4 units subject to rent control), Modern Mobile Home Park (26 units), Harold’s Square Mobile Home Park (59 units), and Rancho Del Ray Mobile Home Park (96 units).
NOW, THEREFORE, BE IT RESOLVED that:
1. The City Council of the City of Ukiah approves an annual administration fee an amount equally divided between billable spaces subject to rent control to be paid by the City’s six mobilehome parks.
2. The fee is due on July 30 of each year, but may be paid in quarterly installments on July 30, October 30, January 30, and April 30.
3. The City Council shall review the administration costs, including the cost of any arbitrations, on an annual basis, during budget preparation as part of the annual fee review ATTACHMENT 4 - redline
2 in May and June, and make any adjustments so that the fee does not exceed the cost to administer Chapter 8.
4. This resolution supersedes resolution 20222023-3321.
PASSED AND ADOPTED at a regular meeting of the City Council held on May 17June 5, 20232024, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
______________________________
Mari RodinJosefina Dueñas, Mayor
ATTEST:
_________________________________
Kristine Lawler, City Clerk
EXHIBIT A
Estimated Administrative Costs:
TOTAL - $1,456 650 (Using the higher rate of the two invoicing rates below) MHP = Mobile Home Park
Estimated Attorney Fees for Various Matters Pertaining to Mobilehome Parks: $1,400 600 (Note: only the actual expenses would be billed to the account) Estimated Arbitration Costs:
TOTAL - $15,500
The Northern California rates charged for arbitrations conduct by ADR Service, Inc., an alternate dispute resolution service that has rates in the middle between JAMS at the high end and lone arbitrators at the low end.
An arbitration through ADR includes a $500 administrative fee, plus the hourly or daily rate charged by the arbitrator and the fees charged by ADR. ADR arbitrators are retired judges or attorneys. The hourly rates vary from $500 at the low end to $2,000 at the high end. The average hourly rate is $1,250.
Assuming an arbitration hearing takes one 8-hour day and the arbitrator takes 4 hours to prepare a written decision, 12 hours @ $1,250 = $15,000 + $500 (admin fee; assuming only two parties) for a total of $15,500.
Educational Outreach Costs: $427 468
Draft Letter to Residents
Print, fold, label, and stuff envelopes
Postage to send educational outreach letters
If MHP owners are invoiced: $1,029 182 + postage
Includes:
Review CPI and write annual letter to MHP owners regarding the CPI. Review MHP rent increase letters per Ordinance 1126, Section 2703(H) Staff Report to Council
Send Letters to MHP owners requesting number of billable spaces Prep invoices
Receive and process payments
Total divided by 382* spaces = $2.693.09 per space.
If MHP owners are not invoiced: $373 428
Includes:
Review CPI and write annual letter to MHP owners regarding the CPI. Review MHP rent increase letters per Ordinance 1126, Section 2703(H) Staff Report to Council
Send post-Council decision to waive fee letters to MHP owners Total divided by 382* spaces = .98 cents$1.12 per space (rounded). *Note – This is the number of spaces calculated in Ordinance 1126, however, the actual number of billable spaces is determined each year depending on the number of occupied spaces by non-long-term leases.
TOTAL REASONABLE ESTIMATE FOR THE ANNUAL COST TO ADMINISTER CHAPTER 8, INCLUDING POTENTIAL ARBITRATIONS IS $18,356750.
1 RESOLUTION NO. 2024-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING EXHIBIT A TO RESOLUTION 2023-21 ADOPTING RENT STABILIZATION FEES FOR ARBITRATION AND
ADMINISTRATIVE COSTS TO CITY OF UKIAH MOBILEHOME PARKS
WHEREAS:
1. Ukiah City Code (“UCC”) Section 2715, provides that “all or any portion of the costs to administer this chapter [Division 2, Chapter 8 of the UCC (“Chapter 8”)] may be collected by the imposition of an annual rent stabilization administration fee established by resolution of the City Council”; and
2. Costs to administer the program have been assessed and are shown in Exhibit A; and
3. With the elimination of redevelopment agencies by the State of California, all of the cost to administer Chapter 8 is borne by the City’s General Fund; and
4. Under UCC Section 2708.C, the cost of arbitrations must be paid from the rent stabilization administration fee. Exhibit A states a reasonable estimate for the annual cost to administer Chapter 8, including potential arbitrations; and
5. There are 382 mobilehome park spaces subject to rent control in the City of Ukiah, with the final annual per space cost being determined each year based on occupied non-longterm leased spaces; and
6. Under UCC Section 2715, the owner who pays these fees may pass through to the tenant of the space 50 percent of the fees assessed for the space; and
7. Under UCC 2715, the resolution establishing the fee must specify the date by which the fee is due, but the fee may be paid by the park owners in quarterly installments; and
8. There are six City of Ukiah mobilehome parks that are subject to the Rent Stabilization Ordinance, including Circle Trailer Court (60 units), Manor Home Mobile Estates (137 units), Shady Grove Mobile Home Park (4 units subject to rent control), Modern Mobile Home Park (26 units), Harold’s Square Mobile Home Park (59 units), and Rancho Del Ray Mobile Home Park (96 units).
NOW, THEREFORE, BE IT RESOLVED that:
1. The City Council of the City of Ukiah approves an annual administration fee an amount equally divided between billable spaces subject to rent control to be paid by the City’s six mobilehome parks.
2. The fee is due on July 30 of each year, but may be paid in quarterly installments on July 30, October 30, January 30, and April 30.
3. The City Council shall review the administration costs, including the cost of any arbitrations, on an annual basis, during budget preparation as part of the annual fee review ATTACHMENT 4 - clean
2 in May and June, and make any adjustments so that the fee does not exceed the cost to administer Chapter 8.
4. This resolution supersedes resolution 2023-21.
PASSED AND ADOPTED at a regular meeting of the City Council held on June 5, 2024, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
______________________________
Josefina Dueñas, Mayor
ATTEST:
_________________________________
Kristine Lawler, City Clerk
EXHIBIT A
Estimated Administrative Costs:
TOTAL - $1,650 (Using the higher rate of the two invoicing rates below) MHP = Mobile Home Park
Estimated Attorney Fees for Various Matters Pertaining to Mobilehome Parks: $1,600 (Note: only the actual expenses would be billed to the account) Estimated Arbitration Costs:
TOTAL - $15,500
The Northern California rates charged for arbitrations conduct by ADR Service, Inc., an alternate dispute resolution service that has rates in the middle between JAMS at the high end and lone arbitrators at the low end.
An arbitration through ADR includes a $500 administrative fee, plus the hourly or daily rate charged by the arbitrator and the fees charged by ADR. ADR arbitrators are retired judges or attorneys. The hourly rates vary from $500 at the low end to $2,000 at the high end. The average hourly rate is $1,250.
Assuming an arbitration hearing takes one 8-hour day and the arbitrator takes 4 hours to prepare a written decision, 12 hours @ $1,250 = $15,000 + $500 (admin fee; assuming only two parties) for a total of $15,500.
Educational Outreach Costs: $468
Draft Letter to Residents
Print, fold, label, and stuff envelopes
Postage to send educational outreach letters
If MHP owners are invoiced: $1,182
Includes:
Review CPI and write annual letter to MHP owners regarding the CPI. Review MHP rent increase letters per Ordinance 1126, Section 2703(H) Staff Report to Council
Send Letters to MHP owners requesting number of billable spaces Prep invoices
Receive and process payments
Total divided by 382* spaces = $3.09 per space.
If MHP owners are not invoiced: $428
Includes:
Review CPI and write annual letter to MHP owners regarding the CPI. Review MHP rent increase letters per Ordinance 1126, Section 2703(H) Staff Report to Council
Send post-Council decision to waive fee letters to MHP owners Total divided by 382* spaces = $1.12 per space (rounded). *Note – This is the number of spaces calculated in Ordinance 1126, however, the actual number of billable spaces is determined each year depending on the number of occupied spaces by non-long-term leases.
TOTAL REASONABLE ESTIMATE FOR THE ANNUAL COST TO ADMINISTER CHAPTER 8, INCLUDING POTENTIAL ARBITRATIONS IS $18,750.
Agenda Item No: 8.b.
MEETING DATE/TIME: 6/5/2024
ITEM NO: 2024-245
AGENDA SUMMARY REPORT
SUBJECT: Authorize the City Manager to Negotiate and Sign a Memorandum of Understanding with Ukiah Pickleball Club.
DEPARTMENT: Community Services PREPARED BY: Neil Davis, Community Services Director PRESENTER: Marianne Aranda, Senior Recreation Coordinator ATTACHMENTS:
1. Pickleball Fund MOU
Summary: Council will consider authorizing the City Manager to Negotiate and Sign a Memorandum of Understanding with Ukiah Pickleball Club.
Background: Pickleball is one of the fastest growing sports in the United States and in Ukiah. It has elements of tennis, badminton, and ping-pong played with a paddle and wiffle ball. While popular mostly among seniors because of its low impact and accessibility, it is a growing sport of all ages and athletic skills. Despite its popularity, there are no dedicated pickleball courts in the Ukiah Valley. The Ukiah Pickleball Club (UPC) has obtained 501c7 status and represents the interests of the Ukiah pickleball community.
On December 7, 2022, the City Council authorized a joint venture with the County of Mendocino to allow City Staff to work to convert the tennis courts at Low Gap Park to pickleball courts. Under the Joint Venture Agreement, the City will take the financial lead on the project and will seek funding through grants.
Additionally, Staff will work in support of the UPC’s fundraising efforts in support of the conversion. The City will be responsible for all aspects of awarded grants and project management, including the bidding process, contracting, and construction oversight. Once the conversion is complete, the County will resume oversight and maintenance of the facility.
Discussion: The UPC has begun fundraising and would like the City to steward the raised funds. In collaboration with CFO Dan Buffalo, Staff created the appropriate accounts and developed an MOU (Attachment 1) to direct the relationship between the UPC and the City and for the management of the funds.
Staff recommend Council authorize the City Manager to negotiate and sign a Memorandum of Understanding with Ukiah Pickleball Club.
Recommended Action: Authorize the City Manager to Negotiate and Sign a Memorandum of Understanding with Ukiah Pickleball Club.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: $0
FINANCING SOURCE: Grants, fundraising, donations, and sponsorship PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Dan Buffalo
DIVERSITY-EQUITY INITIATIVES (DEI): Goal 4 – Identify and actively engage underrepresented communities in which to retain, expand, develop, and implement programs.
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A
Attachment 1
MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF UKIAH AND UKIAH PICKLEBALL CLUB
FOR THE FORMATION AND MAINTENACE OF A UKIAH PICKLEBALL FUND This Memorandum of Understanding (“MOU”), is made by and between the Ukiah Pickleball Club, a 501c7 non-profit (“UPC”), and the City of Ukiah (“City”), a public entity.
Whereas Pickleball is an emerging and popular sport with more than a decade of sustained growth and community interest; and
Whereas there are no pickleball specific courts in the Ukiah Valley; and Whereas the City of Ukiah and the UPC share an interest in creating courts designed and built specifically to meet the needs of Pickleball players, and Whereas the City and the UPC share an interest in raising the funds to pay for the creation of pickleball specific courts; and
Whereas the UPC has gained 501c7 nonprofit status with a defined leadership infrastructure which provides an accountable representation of the interests of the Pickleball community; and Whereas the City of Ukiah may obtain or dedicate funds with the express purpose of creating pickleball specific facilities, and
Now, therefore, the City of Ukiah and UPC agree to establish a Ukiah Pickleball Court Fund to be used for the conversion of an existing tennis facility or the building of one or more new pickleball courts under the following terms and conditions:
1. All funds held by the city for the purpose of creating pickleball specific facilities will be kept in dedicated, restricted accounts by the City of Ukiah.
2. The funds placed in these accounts will be restricted for the express and exclusive purpose of facilitating and or creating pickleball specific courts.
3. The City will maintain a chart of accounts for this project No. 18403, PICKLEBALL in a designated capital project fund. Preliminary accounts established are included in Attachment A. The City’s Finance Director may create, change, or eliminate certain accounts or funds used to account for these activities and resources based on need but will maintain appropriate accounting of these activities until the project is completed, cancelled by UPC, UPC dissolution or loss of status as a 501c7 non-profit, or when funds are exhausted with no stated intention by UPC of replenishment.
4. If the project is cancelled by UPC, UPC ceases to exist, or UPC loses permanently its 501c7 nonprofit status, any remaining funds for this project will be donated to the City for unrestricted use in City park development not exclusive to pickleball.
5. The City will monitor the Ukiah Pickleball Fund's financials, encompassing both the City's contributions and those from donors. The City's contributions may comprise in-kind assets, including, but not limited to, the use or donation of personnel, capital assets (land, equipment, vehicles, buildings, improvements), rights-of-way, other City property and facilities, transfers from other funds, and donations.
6. The City will provide Ukiah Pickleball Court financial reports to the UPC upon request.
Attachment 1
7. Ukiah Pickleball will maintain all necessary records on individual volunteer donations and provide receipts and gift acknowledgements as requested by donors as deemed necessary by the Club. Donors who require tax deductibility for their donations may request a receipt from the city, as UPC’s 501c7 status does not provide tax deductibility to donors. The City will maintain such records within the scope of its most recent documents retention and destruction policy, a copy of which can be obtained from the Ukiah City Clerk upon request.
8. Ukiah Pickleball will provide the City of Ukiah with an annual donor report including the donor and donation amount.
9. Use of Ukiah Pickleball funds will be restricted for pickleball infrastructure unless mutually agreed to otherwise by the City and the UPC.
10. If no progress has been made in pursuit of improved Pickleball infrastructure by January 1, 2028, the restriction on any unexpended and unencumbered funds and financial resources may be changed to include non-infrastructure Pickleball expenses with written authorization from UPC.
11. UPC may request, with concurrence by the City’s Finance Director, changing the restriction on these funds at any time, including unrestricting them upon written notice to the City.
12. The City and UPC will comply with all federal, state, and local laws, ordinances, and generally accepted accounting principles as may be applicable in performing under this MOU.
13. The Term of this MOU shall commence on ____________ 2023 and shall continue until ______________ 2033 or until the court conversion is complete.
City of Ukiah Ukiah Pickleball Club President
________________ ________________________
Date Date
ATTEST;
______________________________
City Clerk
APPROVED AS TO FORM;
_____________________________ __________________________________ City Attorney Ukiah Pickleball Representative
IN WITNESS WHEREOF, the parties hereto have executed these presents in duplicate original the day and year first above written.
Attachment 1
Agenda Item No: 8.c.
MEETING DATE/TIME: 6/5/2024
ITEM NO: 2024-247
AGENDA SUMMARY REPORT
SUBJECT: Approval of Contract with E Source for Project Management Services to Transition Millview and Redwood Valley Water Billing to the City's Customer Information System Software, Meeting the Ukiah Valley Water Authority Joint Power Agreement's January 1, 2025 Go-Live Date, and Approve Corresponding Budget Amendment.
DEPARTMENT: Finance PREPARED BY: Mary Horger, Financial Services Manager PRESENTER: Dan Buffalo, Finance Director.
ATTACHMENTS:
1. E Source Response to City of Ukiah CIS Customer Acquisition Support May 17 2024 Summary: The Council will consider approving a contract with E Source for project management services to transition Millview and Redwood Valley water billing to the City's Customer Information System (CIS) software, ensuring compliance with the Ukiah Valley Water Authority Joint Power Agreement's January 1, 2025, go-live date, and approving the corresponding budget amendment.
Background: In July 2020, following an extensive procurement selection process and based on Staff recommendations, the Council awarded a contract to Excergy, which later became E Source, for project management services to implement the new Utility Billing Customer Information System. These services were essential due to the complexities of the implementation and the lack of internal resources to perform this proprietary work. Throughout the project, Staff recognized and valued the expertise that E Source brought to the table, leading to the successful go-live date.
Discussion: To ensure readiness for the January 1, 2025, billing go-live date for Millview and Redwood Valley water agencies, Staff recommends enlisting the assistance of E Source once again. Please refer to Attachment 1 for a copy of their proposal. The project management will encompass the initial kick-off through final operational transition and training. Given the tight six-month window to complete this implementation, it is crucial that Staff have the appropriate tools to accomplish the task. Timing is of the essence. This support will be instrumental in achieving this goal. Therefore, Staff recommends awarding a contract to E Source for $88,485 for these project management services and approving a corresponding budget amendment.
Recommended Action: Approve a contract with E Source for $88,485 for project management services to transition Millview and Redwood Valley water billing to the City's Customer Information System Software, ensuring compliance with the Ukiah Valley Water Authority Joint Power Agreement's January 1, 2025, go-live date, and approve the corresponding budget amendment.
BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: 20513300.52100: $0
PROPOSED BUDGET AMOUNT: 20513300.52100: $88,485
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Dan Buffalo, Finance Director; Lori Martin, Utility Billing Customer Service Manager; Ginny Feth-Michel, Assistant Finance Director
DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A
E Source
Technology Planning & Implementation
3020 S. Carbon Pl., Suite 300 | Boulder, CO 80301
www.esource.com | [email protected]
Customer
Information
System Customer
Acquisition
Support
E Source Proposal
Prepared for
City of Ukiah
Mary Horger, Financial Services Manager
City of Ukiah
411 West Clay Street
Ukiah, CA 95482
via email to [email protected] May 17, 2024
ATTACHMENT 1
A
Customer Information System Customer Acquisition Support © 2024 E Source Companies LLC | Proposal prepared for City of Ukiah Table of Contents
About E Source..............................................................................................................................................................2 Proposed Scope of Work ...............................................................................................................................................3 Task 1: Project Planning and Kickoff.......................................................................................................................3 Task 2: Functional Requirements/Solutions Architecture ........................................................................................3 Task 3: Project Management...................................................................................................................................3 Task 4: Testing Support...........................................................................................................................................4 Task 5: Operational Transition/Training...................................................................................................................5 Proposed Project Team..................................................................................................................................................6 Fee.................................................................................................................................................................................7
1 Customer Information System Customer Acquisition Support © 2024 E Source Companies LLC | Proposal prepared for City of Ukiah May 17, 2024
Mary Horger, Financial Services Manager
City of Ukiah
411 West Clay Street
Ukiah, CA 95482
via email to [email protected]
RE: E Source Proposal for Customer Information System (CIS) Customer Acquisition Support Dear Ms. Horger and the Evaluation Team:
E Source Companies LLC (E Source), the leading solver of problems facing water utilities and municipalities, appreciates the opportunity to submit this proposal in response to the needs of the City of Ukiah (“City” or “Ukiah”) to support the acquisition of two new water utilities into your CIS system.
We have included specific tasks in this scope of services that we believe are fundamental to a successful migration of these new customers into your existing CIS based on recent discussions about your specific needs. Accompanying this scope of services, we have included a fee by task that reflects level of effort and participation by our E Source subject matter expert that we believe best suits your needs / budget. E Source has a proven history of working with the City through the initial procurement and implementation of your CIS. We welcome the opportunity to continue our relationship with Ukiah and assist you in onboarding new customers.
We appreciate the opportunity to submit our proposal and thank you in advance for your consideration of our capabilities. Should you have any questions or require additional information, please feel free to contact me at (615) 375-6396 | [email protected] or Joel Westvold (503) 944-9434 | [email protected]. We look forward to working with you to implement this scope to meet the needs of the City.
Sincerely,
Kody Salem, Senior Vice President, Business Development, E Source
2 Customer Information System Customer Acquisition Support © 2024 E Source Companies LLC | Proposal prepared for City of Ukiah About E Source
For more than 35 years, E Source has been providing services on a variety of projects for 500+ water, electric, and gas utilities across North America. We have fine-tuned
methodologies to produce world-class tools and processes that have led to an unmatched record of successful project outcomes. As the leading solver of problems facing water, electric, and gas utilities and municipalities, E Source provides utilities with world-class consulting and system implementation services on a wide range of technologies and business and customer matters to address the challenges that utilities face today.
The TPI Consulting Group has a particular business focus on municipal utility projects—from data analytics, feasibility studies, strategic plans, business cases, procurements, and contract negotiations, to all phases of the system implementation and upgrades thereafter.
E Source’s TPI team has prepared 100s of business cases and technology roadmaps and successfully completed numerous system acquisition and implementation efforts for water, gas, and energy utilities of all sizes (from 5K to
4.7M meters). We have incorporated the lessons learned through our involvement in many of the nation’s largest implementations and many municipal utility projects into our current methodology and approach, which will also be leveraged to ensure Ukiah’s project success.
With an average of 25+ years of utility technology experience, E Source’s consultants provide a range of services—spanning from initial needs assessment and technology roadmaps to vendor RFPs, all the way through to successful implementation and “go-live” of a holistic and integrated system. Our staff have implemented or integrated virtually every major utility information technology system in the past 20 years, including AMR/AMI, MDMS, EAM, CIS, GIS, MWFM/WMS, OMS, Customer Portal and Communications, and many other utility operational technologies. We understand the entire utility “system of systems.” Our mission is to ensure a high-quality delivery that meets your needs, budget, and schedule.
3 Customer Information System Customer Acquisition Support © 2024 E Source Companies LLC | Proposal prepared for City of Ukiah Proposed Scope of Work
Per our conversations with Ukiah, it is our understanding that the City is taking on responsibility for two additional water districts and approximately 3,000 new customers. Billing and other customer related functions for these new customers need to be incorporated into your Milsoft CIS. This proposal addresses E Source requested support for this effort. We have broken that support down into several tasks as outlined below.
Task 1: Project Planning and Kickoff
Immediately following notice to proceed, E Source will begin planning/preparation and then hold a kickoff meeting with the City's project team to review project scope, requirements, deliverables, schedule, and reporting relationships.
This meeting will also address project issues and concerns. We’ll review the make-up of your project team and subject matter experts (SMEs) to confirm there is a complete representation.
DELIVERABLES
Kickoff meeting presentation
Task 2: Functional Requirements/Solutions Architecture
E Source will work with the City’s team to conduct a set of discovery sessions and configuration discussions to identify the functional requirements that will be provided to Milsoft to design required new configurations and build the new interfaces needed for the CIS to support the added water districts. This effort will also involve discussions with Milsoft to ensure that the requirements provided are clear and achievable.
E Source will also use the information provided in the discovery and configuration discussions to define and document the overall solutions architecture to be deployed upon delivery of the CIS upgrade. This architecture will provide a guide to all involved as the upgrade effort progresses through design and testing.
DELIVERABLES
Listing of functional requirements
Documented to-be solutions architecture including all new or revised interfaces Task 3: Project Management
One of the primary factors that distinguish successful CIS projects is the quality of the overall project management. In the E Source model, based on the Project Management Institute’s (PMI’s) PMBOK® and Agile methodologies, our PM works very closely with Ukiah management and uses proven process, methodologies, and templates to produce a robust, flexible implementation approach. Throughout the design and implementation phases, we maintain and monitor the “iron triangle” dimensions of cost, quality, and schedule.
In the implementation phase, the E Source PM will be responsible for supporting the activities listed in Table 1. Our PM will manage the project status cycle for the City, which includes measurement of progress towards the plan, performance status, risk management, items of concern, and open action items. These items will be managed regularly and will be consistently tracked.
4 Customer Information System Customer Acquisition Support © 2024 E Source Companies LLC | Proposal prepared for City of Ukiah E Source Project Management Activities
Scope
Management
Ensure the project plans outline all of the work required to complete the project successfully and that the client and vendors avoid scope creep. Scope management consists of initiation, scope planning, scope definition, scope verification, and scope change control.
Change
Management
Ensure a formal change control process is in place to control changes to the baseline project plan and SOW throughout the project lifecycle.
Cost
Management
Ensure the project is completed within the approved budget. Cost management consists of resource planning, cost estimating, cost budgeting, and cost control.
Quality
Management
Ensure the project will satisfy the needs for which it was undertaken. Quality management consists of quality planning, quality assurance, and quality control.
Reporting
Management
Ensure timely & appropriate generation, collection, distribution, and storage of project information. Handle communications planning, performance reporting, and administrative closure.
Schedule
Management
Ensure timely project completion. Time management consists of activity definition, sequencing, and duration estimating, as well as schedule development and control.
Vendor
Management
Ensure vendors are completing their contractual scope of work on schedule and within budget. Coordinate with technical resources as necessary to ensure verification of technical deliverables.
Resource
Management
Ensure qualified resources are available and properly prepared to perform each task. Identify project resourcing needs and coordinate with the appropriate organizations to meet them.
Risk & Issue
Management
Ensure risk is identified, analyzed, and responded to appropriately based on probability and impact in accordance with the risk management plan. Once a risk is realized, transition it to a pre-defined issue tracking and resolution process.
DELIVERABLES
Periodic Status Meetings with issuance of Status Reports with Action Items captured and schedule progress updated
Task 4: Testing Support
A graduated, thorough, and robust test program is needed to ensure the smooth transition for the City’s new customers, and E Source has implemented hundreds of successful integrated technology testing programs for our clients that trust both our processes and the experience of our people.
Our test approach minimizes your risk by providing early validation of the technologies in steps, so that any problems are identified early and corrected. All discovered defects are formally logged, managed, and resolved as appropriate until acceptance is achieved. We will oversee the production of test plans and procedures that exercise the functionality of systems that must interface to meet business, technical, functional, integration, performance, and any other specified requirements. A Test Report is generated after each test phase is completed.
Should issues be identified during the testing process, we are ready and able to work with applicable vendors and development teams to resolve those issues. The clear documentation of the relationship between the requirement and test case makes it easier to pinpoint the problem that needs to be addressed. Once identified, we follow a rigorous corrective action process that ensures the problem is documented, root-cause determined, corrective and preventive actions are taken, and retesting is performed to verify that the problem has been corrected.
Our typical approach to a test strategy incorporates the following elements:
Functional Testing – Testing on a cross section of customer configurations to confirm functional requirements and other acceptance criteria as outlined in the Test Plan. This testing phase is critical to ensure that the system as upgraded addresses the functional requirements. System Integration Testing – This brings all applicable systems together in testing to verify data sets are received and transformed properly, that data from a single source is properly routed to multiple destinations and that individual systems still perform as expected while integrated. This testing is normally conducted within a QA/test environment.
5 Customer Information System Customer Acquisition Support © 2024 E Source Companies LLC | Proposal prepared for City of Ukiah User Acceptance Testing – This testing verifies that the correct information flows through for a particular business process, including both automated and manual business processes. It is the final gate and ensures that the system functions and is aligned with requirements and processes that are used operationally. In this testing, a single trigger can initiate data transfers between multiple source and destination systems. It is the most comprehensive test of the complete set of business processes and maximizes to the extent possible the real-world use of the City’s integrated systems. Test cases are executed by Ukiah users of the systems on a day-by-day basis. This testing is normally conducted within a QA/Test environment.
DELIVERABLES
Test plans, procedures, and results documentation for all tests Task 5: Operational Transition/Training
The City is responsible for operating the CIS to achieve successful billing and support of your new customers. and it is essential that Ukiah personnel fully understand how to operate the system on a day-do-day basis. E Source will work with the City and Milsoft to develop an Operational Transition Plan (OTP) in conjunction with the Training Plan provided by Milsoft, incorporating the “meter-to-cash” operations and the “go-live” process. Based on our experience, significant lessons-learned and risk reduction strategies will be incorporated into the OTP. We will then help Ukiah implement the OTP.
DELIVERABLES
Operational Transition Plan (OTP)
Support Ukiah’s implementation of the OTP
6 Customer Information System Customer Acquisition Support © 2024 E Source Companies LLC | Proposal prepared for City of Ukiah Proposed Project Team
E Source’s mission is to provide the right focused expert(s) on each project we pursue—highly skilled consultant(s) and experts in their fields who understand the unique drivers, responsibilities, and needs of our clients. Therefore, to best deliver the scope of services requested by Ukiah and contained herein, we have identified an expert who can efficiently address all of the needs of this SOW – John Beichman, Executive Consultant. John provided the vast majority of support for Ukiah’s initial implementation of the Milsoft system and we’re confident can deliver on the needs of this upgrade project as well.
The following highlights John’s qualifications for this project.
John Beichman is a CIS practice area expert and brings more than 30 years of experience providing selection services, project management, and management consulting. He is a veteran of multiple CIS and selection engagements and fully immersed in both utility best practices and the CIS application marketplace. He has been involved in over 30 CIS projects, leading several successful implementations and building successful CIS projects through his focus on a utility’s people and processes.
In addition to his work with CIS systems, John was recently both project manager and functional solution architect in a systems integration effort to consolidate eight ordering applications charges into a single Oracle Financials AR billing solution. His has most recently supported CIS implementation efforts for the City of Ukiah in California, Green Mountain Power in Vermont, where he provided best practices business process mapping, and at Otter Tail Power in Minnesota, where he also served as the Quality Assurance advisor to the implementation effort. John holds a Bachelor of Arts degree from Harvard and a Master of Science in Information Resource Management from Syracuse University.
7 Customer Information System Customer Acquisition Support © 2024 E Source Companies LLC | Proposal prepared for City of Ukiah Fee
E Source has developed the not to exceed fee for services based on experience with several similar projects and understanding of the level of effort desired by Ukiah. This fee includes all services and deliverables described herein.
All tasks will be invoiced monthly on a Time and Materials basis. Travel and incidentals will be billed monthly at actual cost although none is anticipated to complete this work.
Table 1. Implementation Fees
CIS Upgrade Support
Task ID Task Hours Fee Total
Task 1 Project Kick-off & Planning 22 $5,610 $5,610
Task 2 Functional Requirements/Solutions Architecture 66 $16,830 $16,830 Task 3 Project Management 176 $44,880 $44,880
Task 4 System Testing/Acceptance 70 $17,850 $17,850
Task 5 Operational Transition and Training 13 $3,315 $3,315 Total 347 $88,485 $88,485
Reimbursable Expenses
Travel expenses, should they be necessary, will be submitted for reimbursement on an actual and reasonable basis.
There is no markup on these direct costs, and E Source does not charge for time spent traveling. We will seek to minimize expenses using government contractor rates and teleconferences whenever possible.
Assumptions
The following assumptions apply to this proposal:
E Source’s fee to implement this Scope of Work is based on the timely start and timely completion of each proposed task as outlined in the project schedule provided. If the duration for any proposed task exceeds the duration outlined in the proposed schedule, E Source may need to develop a change order in accordance with the additional services required to complete the task(s). Deliverable documents will be in Microsoft Office, including MS-Word, PowerPoint, Excel, MS-Project, Visio, or Adobe PDF.
The Utility’s management will coordinate and consolidate all Utility comments on draft document deliverables to provide a single redline for E Source to make updates to the final document deliverables. The Utility will provide E Source with working space, network connections, infrastructure, administrative support, and other services and materials reasonably required to perform Project work while onsite at City offices, if requested.
Utility personnel will support workshops and meetings as needed.
Taxes
These rates and estimates are exclusive of taxes. The taxes relating to applicable services are the sole responsibility of the District.
Billing and Payment Terms
E Source will invoice the utility on a monthly basis for actual labor and expenses incurred on the required tasks.
Payment terms are net thirty (30) days. Unless otherwise agreed to, E Source reserves the right to charge one and one-half (1.5%) percent per month, or the maximum rate permitted by law, whichever is greater, on any balance remaining unpaid after thirty (30) days.
Proposal Terms and Conditions
Terms of this proposal remain valid for 90 days from date of submittal. E Source reserves the right to negotiate any terms and conditions of the written agreement relating to this SOW.
Agenda Item No: 8.d.
MEETING DATE/TIME: 6/5/2024
ITEM NO: 2024-251
AGENDA SUMMARY REPORT
SUBJECT: Approve Purchase of Intimidator 12XP Track Chipper for the Amount of $100,198, Using Funds from the USDA Community Wildfire Defense Grant and Corresponding Budget Amendment.
DEPARTMENT: Fire PREPARED BY: Myles Fisette
PRESENTER: Doug Hutchison, Fire Chief
ATTACHMENTS:
1. Quote-Cal-Line Equipment-12XP 74hp CAT Diesel
Summary: Council will consider approving the purchase of an Intimidator 12XP Track Chipper (Attachment 1) for the amount of $100,198 using funds from the USDA Community Wildfire Defense Grant and corresponding budget amendment.
Background: As previously reported, the City of Ukiah/Ukiah Valley Fire Authority (UVFA) were awarded a USDA Community Wildfire Defense Grant for the purpose of equipping and employing a Fuels/Fire Crew for Five (5) years. The City and UVFA sought out this grant for the Fuels/Fire Crew to be innovative in our approach to increasing public safety.
Discussion: The chipper is being purchased under a Sourcewell cooperative contract using a portion of those grant funds. City Staff researched and vetted the bidding process of the Sourcewell contract to verify that it met all requirements of both the City and the Federal USDA grant. It is therefore staff's recommendation to approve the purchase of the Intimidator 12XP Track Chipper for the amount of $100,198.
Recommended Action: Approve the purchase of Intimidator 12XP Track Chipper for the amount of $100,198, using funds from the USDA Community Wildfire Defense Grant and corresponding budget amendment.
BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: 10621600.80100.18428: $0
PROPOSED BUDGET AMOUNT: 10621600.80100.18428: $100,198.00 FINANCING SOURCE: USDA Grant
PREVIOUS CONTRACT/PURCHASE ORDER NO.:
COORDINATED WITH: Doug Hutchison, Fire Chief; Jim Robbins, Housing and Grants Manager; Dave Kirch, Fleet & Facilities Maintenance Manager; Mary Horger, Financial Services Manager DIVERSITY-EQUITY INITIATIVES (DEI):N/A
CLIMATE INITIATIVES (CI): 4b – Maintain wild lands.
GENERAL PLAN ELEMENTS (GP):GP-A6 - Safety Element
Cal-line Equipment Inc.
6010 Southfront Road
Livermore, CA 94551
USA
707-398-1227 (Phone)
QUOTATION
Quotation #: Quote Created: Last Updated: Salesperson:
167394 04/02/24 04:21 pm
by Cal-line Equipment Inc.
05/07/24 05:46 pm
by Cal-line Equipment Inc. Dave Gill
CUSTOMER: BILL TO: SHIP TO:
City Of Ukiah
300 Seminary Ave.
Ukiah, CA 95482
United States
707-272-2832 (Phone)
Dave Kirch (Contact)
[email protected]
Cal-Line Equipment Inc.
6010 Southfront Road
Livermore, CA 94551
USA
925-443-6571 (Phone)
Denny Knoll (Contact)
[email protected]
Cal-Line Equipment Inc.
6010 Southfront Road
Livermore, CA 94551
USA
707-398-1227 (Phone)
David Gill (Contact)
[email protected]
INTIMIDATOR 12XP TRACK (12" DRUM STYLE)
Qty Part #: Description: Base Price:
1 MODEL-12XPTRK Intimidator 12XP Track - (12" Drum Style) $ 74695.00
STANDARD EQUIPMENT
1 STANDARD 24" diameter x 18 3/4" wide chipper drum with (4) 5/8" x 5 1/2" x 9" dual edge knives 1 STANDARD "Drum Shear Bar" spans full width of the drum mounted in the upper portion of the drum housing potentially creating a slicing action of a winch line or climber's rope 1 STANDARD "Power slot" assists in maximizing chip velocity. The power slot also provides a place for fine material to escape that might tend to lie in the belly of the drum. 1 STANDARD 50 gallon steel fuel tank with magnetic drain plug, lockable filler caps, and aluminum sight gauge 1 STANDARD 50 gallon steel hydraulic tank with magnetic drain plug, lockable filler cap, and aluminum sight gauge 1 STANDARD Gate valve for hydraulic tank
1 STANDARD Slide box feed system (includes adjustable spring on each side) with (2) horizontal feed wheels 7 1/2" diameter x 16 3/8" wide, driven by (2) 15.9 CID hydraulic motors. 1 STANDARD Hydraulic lift cylinder - utilizes a hydraulic cylinder to raise or provide down pressure for the top feed wheel (controlled via radio remote control)
1 STANDARD Bottom feed wheel clean out door (opens via spring latch pin allowing dirt and debris to fall out extending knife and component life)
1 STANDARD Hydraulic controlled swivel discharge with adjustable end chip deflector 1 STANDARD Clean out and inspection door on discharge bottom STANDARD 29" high x 54" wide tapered infeed hopper with 30" fold down infeed hopper tray, heavy-duty taillight covers, and spring lift assists
1 STANDARD (2) Last chance safety pull cables
1 STANDARD Round control bar - located around top and sides of infeed hopper with 3 control positions (forward / stop / reverse)
1 STANDARD Wooden pusher tool with mount on infeed hopper 1 STANDARD Banded chipper drive belts (adjustable via a sliding engine system) 1 STANDARD Pressure check kit - Gauge is NOT included
5/7/24, 3:52 PM Bandit Industries, Inc.
quotebandit.com/index2.php?option=com_quotations&view=quotation"eId=167394&pf=1&Itemid=11 1/3 ATTACHMENT 1
Total Unit Price: $ 106475.00
Customer Discount: 12.0000 % - $ 12777.00
Dealer Preparation/Delivery: $ 1500.00
Customer Net Unit Price: $ 95198.00
Freight/Shipping: $ 5000.00
Customer Total: $ 100198.00
1 STANDARD Radio remote control with tether back-up (controls following functions: track forward/reverse, track left/right, discharge swivel left/right (n/a on stationary discharge), discharge deflector up/down, yoke up/down, feed forward/reverse, throttle, engine e-stop, and hydraulic winch if applicable). 1 STANDARD Stand alone hydraulic oil cooler
1 STANDARD Weather resistant manual container
1 STANDARD Engine disable plug for hood locking pin-preventing engine from operating without pin in place 1 STANDARD (1) weatherproof machine manual (includes safety, operation and parts sections) also (1) engine and clutch manual is included if applicable
1 STANDARD Spanish & English combination safety decals
1 STANDARD Inspection window mounted on top of belt shield (allows viewing of belt and easy way to check belt tension)
1 STANDARD Electronic flow control for feed system (feed rate can be adjusted through controller)
OPTIONS
Qty Part #: Description: Option Price: Extended:
1 333-28984 Standard Imron Industrial Urethane Green $ 0.00 $ 0.00 1 990-RC1579-163 Caterpillar C3.4, 74 horsepower engine without clutch - Tier 4 FINAL (Includes 2 year / 2,000 hour engine warranty)
$ 21430.00 $ 21430.00
1 905-6000-46 Murphy PV485 panel with reversing auto feed for Cat 74 horsepower diesel engines (Includes 1,000 CCA battery with box) - TRACK UNITS ONLY
$ 3045.00 $ 3045.00
1 700-1000-12 NACD Spring Loaded Clutch $ 1725.00 $ 1725.00 1 standard820 Track One 2-speed 303CR rubber track undercarriage $ 0.00 $ 0.00 1 OPTION-905-5002-26 29" high x 54" wide tapered heavy-duty infeed with weld on pan and infeed deflectors
$ 755.00 $ 755.00
1 OPTION-980-5001-20 Hydraulic winch with line docking station and feed assist controlled via remote (Includes 5/16" diameter x 200' Teufelberger rope with 12" loop installed)
$ 4500.00 $ 4500.00
1 OPTION-980-5001-61 2-1/2 Pound Fire Extinguisher with bolt on mount $ 150.00 $ 150.00 1 911-1000-08 Lockable aluminum tool box $ 175.00 $ 175.00
CUSTOMER TOTALS
DEALER TOTALS
COMMENTS
By Cal-line Equipment Inc. on 04/02/2024 04:28 PM
Sourcewell Discount Given: Sourcewell #050119-BAN
By Cal-line Equipment Inc. on 04/02/2024 04:40 PM
**PRICE DOES NOT INCLUDE TAX**
By Cal-line Equipment Inc. on 04/02/2024 04:40 PM
**ORDER ITEM FROM BANDIT 90-120 DAYS **
SIGNATURE
5/7/24, 3:52 PM Bandit Industries, Inc.
quotebandit.com/index2.php?option=com_quotations&view=quotation"eId=167394&pf=1&Itemid=11 2/3
The Buyer, whose name and address appears above, agrees to purchase from the Seller, whose name and address appears above, the above equipment at the prices stated and upon the terms and conditions of this agreement.
X
Signature Date
Close Print
5/7/24, 3:52 PM Bandit Industries, Inc.
quotebandit.com/index2.php?option=com_quotations&view=quotation"eId=167394&pf=1&Itemid=11 3/3
Agenda Item No: 8.e.
MEETING DATE/TIME: 6/5/2024
ITEM NO: 2024-268
AGENDA SUMMARY REPORT
SUBJECT: Approval of Notice of Completion for Peterson Mechanical Inc. for the Wastewater Treatment Plant HVAC Replacement Project Spec 23-10, and Direct the City Clerk to File the Notice of Completion with the County Recorder.
DEPARTMENT: Public Works PREPARED BY: Seth Strader, Administrative Analyst PRESENTER: Sean White, Water Resources Director
ATTACHMENTS:
1. Notice-of-Completion
Summary: Council will consider approving the Notice of Completion of the Wastewater Treatment Plant HVAC Replacement Project Spec 23-10, and approving the final payment of the 5% retention to Peterson Mechanical Inc.
Background: Peterson Mechanical completed the removal of the existing failed HVAC system at the Wastewater Treatment Plant and installation of the new system and ducting.
Discussion: At the August 2, 2023, meeting, Council awarded the Wastewater Treatment Plant HVAC Replacement Project Spec 23-10 to Peterson Mechanical Inc. for the amount of $206,865. A change order was approved in the amount of $4,546.73 for additional coating material on the condensing coils. The project total was $211,411.73. The Notice of Completion is attached as Attachment 1.
Recommended Action: Approve the Notice of Completion for Peterson Mechanical Inc for the Wastewater Treatment Plant HVAC Replacement Project Spec 23-10, and direct the City Clerk to file the Notice of Completion with the County Recorder.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: 2324083
COORDINATED WITH: Ryan Kriken, Wastewater Treatment Plant Supervisor, and Sean White, Water Resources Director
DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A
Please return to:
CITY OF UKIAH
300 Seminary Avenue
Ukiah, California 95482-5400
(707) 463-6200
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:
1. That the project described as: HVAC Replacement at the Wastewater Treatment Plant, Spec 23-10
2. That the nature of the title to the HVAC replacement at the Wastewater Treatment Plant
3. That on the 29th day of February 2024, the Contract work for this project was actually completed.
4. That the name and address of the Contractor is Peterson Mechanical, Inc. PO Box 450, Sonoma, California 95476
5. That the real property herein referred to is situated in the County of Mendocino, State of California, and is described as follows: City-owned property identified as the Wastewater Treatment Plant, 300 Plant Road Ukiah CA 95482.
I hereby certify under penalty of perjury that the forgoing is true and correct:
City Council Approval CITY OF UKIAH, a Municipal Corporation _________________ By: __________
Date Kristine Lawler, City Clerk Date
State of California
County of Mendocino
Exempt from recording fees pursuant to Government Code Section 27383 ATTACHMENT 1
Agenda Item No: 8.f.
MEETING DATE/TIME: 6/5/2024
ITEM NO: 2024-273
AGENDA SUMMARY REPORT
SUBJECT: Adoption of Resolution Calling for the Holding of a General Municipal Election to be Held on November 5, 2024, and to Consolidate and Request the County Clerk to Conduct Said Election with the Statewide General Election.
DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk PRESENTER: Kristine Lawler, City Clerk
ATTACHMENTS:
1. Resolution - Call for Election 2024
Summary: The City Council will consider adopting a resolution that will call for an election to be held on November 5, 2024, for city council candidates and the treasurer, and to request the County Clerk to conduct the municipal election in consolidation with the statewide general election.
Background: The City of Ukiah historically has consolidated its elections with Mendocino County. The estimated cost for providing these election services, based on the invoice received for the 2022 election, is $20,000, depending on how many cities consolidate with the County, and other variables that are unknown at this time. This cost will be budgeted accordingly in the Fiscal Year 2023-2024 Elections budget.
Discussion: In order to conduct an election on November 5, 2024, the City Council must adopt the resolution (Attachment 1) calling for the holding of a general municipal election November 5, 2024, pursuant to Elections Code §10403, and contracting with the County of Mendocino for election services pursuant to Elections Code §10002. The election is necessary to fill the vacancies created by the expiration of two Council terms: Douglas F. Crane and Josefine Duenas; and one Treasurer’s term: Allen Carter.
Recommended Action: Adopt the resolution calling for the holding of a General Election November 5, 2024; to consolidate said Election with the Statewide General Election pursuant to Election Code §10403; and request the Board of Supervisors of the County of Mendocino to request the County Clerk to Conduct the Municipal Election of the City of Ukiah on Tuesday, November 5, 2024, pursuant to Election Code §10002.
BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: FY 24-25 $20,000
FINANCING SOURCE: 10012500.52100 - City Clerk Contracted Services 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
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON NOVEMBER 5, 2024, FOR THE ELECTION OF CITY COUNCIL CANDIDATES; TO CONSOLIDATE SAID ELECTION
WITH THE STATEWIDE GENERAL ELECTION HELD ON THE SAME DATE PURSUANT TO ELECTIONS CODE §10403; AND REQUESTING THE BOARD OF SUPERVISORS OF THE
COUNTY OF MENDOCINO TO REQUEST THE COUNTY CLERK TO CONDUCT THE MUNICIPAL ELECTION OF THE CITY OF UKIAH ON TUESDAY, NOVEMBER 5, 2024, PURSUANT TO ELECTIONS CODE §10002.
WHEREAS,
1. The City Council of the City of Ukiah has determined to call a Municipal Election to be held on Tuesday, November 5, 2024, to fill two (2) City Council positions and one (1) City Treasurer position; and
2. Elections Code §10403 authorizes the City Council of the City of Ukiah (“City”) to request the Mendocino County Board of Supervisors to consolidate a municipal election with the statewide election scheduled for November 5, 2024; and
3. Elections Code §10002 authorizes the Clerk of the County of Mendocino to render specified services relating to the conduct of an election to any city or district which has by resolution requested the Board of Supervisors to permit the County Clerk to render the services, subject to requirements set forth in that section; and
4. Pursuant to Elections Code §10403(3), the City Council acknowledges that the consolidated election will be held and conducted in the manner prescribed in Elections Code §10418.
NOW, THEREFORE, BE IT RESOLVED that:
1. A municipal election shall be held on November 5, 2024, to fill two (2) City Council positions and one (1) City Treasurer position; and
2. Pursuant to the above cited provisions, the Board of Supervisors of the County of Mendocino is hereby requested to permit the County Clerk to perform and render all services and proceedings incidental to and connected with the conduct of the November 5, 2024, Municipal Election of the City of Ukiah with the cooperation and assistance of the City Clerk of the City of Ukiah, such services to include, but not be limited to, the following:
a. Establish precinct boundaries to coincide with Statewide Election. b. Designate polling locations and appoint election officers. c. Notify election officers of their appointment and instruct inspectors concerning their duties. d. Appoint and pay election officers.
e. Arrange for the availability of polling locations, all supplies necessary for casting ballots, and setting up voting booths, if necessary.
f. Publish lists of precincts, election officers, dates and times polling locations will be open. g. Verify signatures appearing on candidates’ nomination papers; h. Provide sample ballots to each voter.
i. Receive absent voter applications, accept absent voter ballot returns, retain custody of
ATTACHMENT 1
absent voter ballot, and count absent voter ballots.
j. Provide Certificate of County Clerk as to result of the Canvass, for approval by the City Council.
k. Provide a detailed accounting of services rendered, including any hidden Excel formulas.
BE IT FURTHER RESOLVED, the City Clerk shall be responsible for:
a. Publication of Notice of Election.
b. Publication of Candidate Information as required by law. c. Distribution and receipt of nomination papers.
d. Receipt of Candidate Statements and printing deposits. e. Receive campaign statements and disclosure statements as required by law.
BE IT FURTHER RESOLVED, in consideration of the services rendered by the County Clerk and described herein, the City of Ukiah agrees to pay the actual direct costs reasonably attributable to the City's Municipal Election, and a ten percent (10%) charge for associated overhead based upon a detailed invoice prepared by the County Clerk and presented to the City for payment, and payment for services due shall be made after billing is submitted by the County of Mendocino.
THE FOREGOING RESOLUTION WAS ADOPTED at a regular meeting of the Ukiah City Council held on the 5th day of June 2024, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Josefina Dueñas, Mayor
ATTEST:
___________________________________
Kristine Lawler, City Clerk/CPMC
Agenda Item No: 8.g.
MEETING DATE/TIME: 6/5/2024
ITEM NO: 2024-272
AGENDA SUMMARY REPORT
SUBJECT: Approval of a Three-Year Agreement with JM Integration for an On-Call Maintenance and Troubleshooting Agreement at the Water Treatment Plant in the Amount of $173,138.03.
DEPARTMENT: Public Works PREPARED BY: Seth Strader, Administrative Analyst PRESENTER: Sean White, Water Resources Director
ATTACHMENTS:
1. Three-Year Proposal
Summary: Council will consider approval of contract with JM Integration for an On-Call Maintenance and Troubleshooting Agreement at the Water Treatment Plant in the amount of $173,138.03.
Background: JM Integration has been working with Staff at both the Water and Wastewater Treatment Plant for many years. JM Integration has been a key part of the effort to update and modernize the SCADA infrastructure at both of the City's treatment plants. The SCADA improvements bring additional functionality and resilience to the Water Treatment Plant processes.
Discussion: JM Integration would provide general maintenance and troubleshooting tasks as assigned by City Staff as required. These visits can be on-call or scheduled reoccurring visits. JM Integration has in depth knowledge on all aspects of the Water Treatment Plant and has provided contracted services previously and to Staff's satisfaction. This three-year agreement would allow staff to rely on the accessibility of a service technician with expert knowledge of current and previous operations and avoid future price increases for JM Integration's labor. This is an on-call, as needed contract billed at an hourly rate. See Attachment 1 for a copy of the proposal.
Recommended Action: Approve the three-year contract with JM Integration for an on-call maintenance and troubleshooting agreement at the Water Treatment Plant in the amount of $173,138.03.
BUDGET AMENDMENT REQUIRED: NO
CURRENT BUDGET AMOUNT: 82027111.52100: $134,704
PROPOSED BUDGET AMOUNT: 82027111.52100: $134,704, estimated at $44,901 per annum.
FINANCING SOURCE:
PREVIOUS CONTRACT/PURCHASE ORDER NO.:
COORDINATED WITH: Shelley Wagenet, Water Treatment Plant Supervisor and Sean White, Water Resources Director
DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): 7a – Expand sustainable water practices.
GENERAL PLAN ELEMENTS (GP): GP-A4 - Public Facilities, Services, and Infrastructure Element
Agenda Item No: 8.h.
MEETING DATE/TIME: 6/5/2024
ITEM NO: 2024-278
AGENDA SUMMARY REPORT
SUBJECT: Approve Contract Amendment 1 to JM Integration in the Amount of $13,718.24, per Actual Time and Materials for SCADA Maintenance at the Water Treatment Plant.
DEPARTMENT: Public Works PREPARED BY: Seth Strader, Administrative Analyst PRESENTER: Sean White, Water Resources Director
ATTACHMENTS:
1. JM Integration, Inc. 2223175
2. Invoices
Summary: Council will consider approving contract Amendment 1 to JM Integration in the amount of $13,718.24, per actual time and materials for SCADA maintenance at the Water Treatment Plant.
Background: The City entered into a year-long, bi-weekly SCADA maintenance and troubleshooting contract with JM Integration in March 2023. The original contract amount was $59,223.49. See Attachment 1. JM Integration has been installing and maintaining the SCADA systems at both the Water and Wastewater Treatment Plants for several years. Staff is satisfied with the work done by JM Integration.
Discussion: Staff is requesting Council approve a contract amendment for an additional $13,718.24 to the contract to cover the cost of additional site visits and the cost of materials used. See Attachment 2 for the additional invoices to be covered by remaining contract funds and the proposed contract Amendment 1.This contract amendment would bring the contract total to $72,941.73. Currently, there are enough budgeted funds to cover this amendment. This will conclude the current one year contract and staff will be seeking approval for new three year contract under a separate agenda item.
Recommended Action: Approve contract amendment 1 to JM Integration in the amount of $13,718.24, per actual time and materials for SCADA maintenance at the Water Treatment Plant.
BUDGET AMENDMENT REQUIRED: NO
CURRENT BUDGET AMOUNT: 82027111.52100: $134,704.40
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: 2223175
COORDINATED WITH: Shelly Wagenet, Water Treatment Plant Supervisor and Sean White, Water Resources Director
DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): 7a – Expand sustainable water practices.
GENERAL PLAN ELEMENTS (GP):GP-A4 - Public Facilities, Services, and Infrastructure Element
ATTACHMENT 1
JM Integration LLC
865 Cotting Ln Ste F
Vacaville, CA 95688
+1 7075147358
https://www.jmintegration.com/
Invoice
BILL TO
City of Ukiah
Attn: ACCOUNTS PAYABLE
300 SEMINARY AVENUE
UKIAH, CA 95482
SHIP TO
City of Ukiah
Attn: ACCOUNTS PAYABLE
300 SEMINARY AVENUE
UKIAH, CA 95482
INVOICE # DATE TOTAL DUE DUE DATE TERMS ENCLOSED
23370 04/06/2024 $11,559.03 05/21/2024 Net 45
AGREEMENT NUMBER PROJECT REFERENCE
2223175 230107
DATE PRODUCT/SERVICE QTY RATE AMOUNT
03/19/2024 Site Visit
See field report for details (12 of 26)
1 2,277.83 2,277.83
03/20/2024 Site Visit
See field report for details (13 of 26)
1 2,277.83 2,277.83
586773
75 ft. Drywall Joint Tape
1 8.59 8.59T
479652
#6 x 1-1/4 in. Philips Bugle-Head Coarse
Thread Sharp
Point Drywall Screws (1 lb./Pack)
1 9.85 9.85T
6DYL6
SOLENOID VALVE WITH
MANUALOPERATOR,BRAS
MANUFACTURER # 8210G009MO
4 476.68 1,906.72T
C3RWT472
Hammond wiring trough, 4 x 4 x 72in (HxDxL),
NEMA 3R, wall mount, carbon steel, ANSI61
gray, powder coat finish, screw cover.
1 217.10 217.10T
157274
POWER-STRUT PS 500 EH 10' PGAL Shallow
Strut - Elongated Holes,Steel, Pre-Galvanized,
1-5/8" x 13/16" x 10'
20 6.38 127.60T
157435
POWER-STRUT PS 200 EH 10' PGAL Deep
Strut - Elongated Holes,Steel, Pre-Galvanized,
1-5/8" x 1-5/8" x 10'
20 8.41 168.20T
8747K217
Chemical-Resistant PVC Sheet, 48" x 96" x
1/2"
1 585.38 585.38T
4881K751
Thick-Wall PVC Plastic Pipe Fitting for Water,
Reducer, 4 Socket-Connect Female x 2
Socket-Connect Female
3 126.52 379.56T
ATTACHMENT 2
DATE PRODUCT/SERVICE QTY RATE AMOUNT
96640A285
Black-Oxide 18-8 Stainless Steel Phillips Flat
Head Screws, 82 Degree Countersink, 1/4"-20
Thread, 1/2" Long, Undercut, packs of 25
1 12.86 12.86T
96640A277
Black-Oxide 18-8 Stainless Steel Phillips Flat
Head Screws, 82 Degree Countersink, 10-24
Thread, 1/2" Long, Undercut, packs of 50
1 12.26 12.26T
7880T328
Push-to-Connect Tube Fitting for Air and
Water,
Wye Adapter, 1/4" Tube OD x 1/4 NPT Male,
Nickel-Plated
2 9.31 18.62T
4596K715
Thick-Wall Plastic Pipe Fitting for Water,
Bushing
Adapter, 3/4 Socket Male x 1/4 NPT Female
4 7.35 29.40T
91735A546
316 Stainless Steel Pan Head Phillips Screw,
Super-Corrosion-Resistant, 1/4"-20 Thread
Size,
1-1/2" Long, packs of 10
2 12.12 24.24T
5218K36
Plastic Barbed Hose Fitting for Water, Adapter,
3/4" Hose ID, 3/4 NPT Male, 125 PSI
5 2.82 14.10T
32625T49
Strut-Mount Vibration-Damping Routing Clamp
with TPE Rubber Cushion, Zinc-Plated Steel,
1/4" ID
10 3.26 32.60T
214442
HUBBELL WEATHERPROOF BOX SINGLE
GANG
THREE 1/2 IN. OUTLETS GRAY
2 6.08 12.16T
1002426753
1-Gang Extra Duty Non-Metallic Low Profile
While-In-Use
Weatherproof Horizontal/Vertical Receptacle
Cover and
GFCI, Gray
2 42.20 84.40T
342576
9 ft. 14/3 Medium Duty Tool Replacement
Cord, Black
4 19.47 77.88T
293669
3/4 in. Rigid Chase Conduit Nipple
2 3.07 6.14T
618841
3/4 in. Rigid Conduit Coupling
2 3.20 6.40T
1000053588
SpeedLoad+ 5-Piece Power Groove
Countersink Drill Bit Set
1 20.76 20.76T
5233K68
Clear Masterkleer Soft PVC Plastic Tubing for
Air and Water, 1/2" ID, 3/4" OD, 25 ft. Length
1 50.70 50.70T
DATE PRODUCT/SERVICE QTY RATE AMOUNT
5439K25
Firm Clear Polyurethane Rubber Tubing for
Drinking Water, Clear, 3/4" ID, 1-1/16" OD, 25
ft. Length
1 287.30 287.30T
91525A141
316 Stainless Steel Washer, Oversized, 3/8"
Screw Size, 0.406" ID, 1.25" OD, packs of 10
10 8.40 84.00T
91735A102
316 Stainless Steel Pan Head Phillips Screw,
Super-Corrosion-Resistant, 4-40 Thread Size,
1/4"
Long, Packs of 50
1 6.49 6.49T
01.SP-ASM
Annual Support & Maintenance includes all
Software upgrades and unlimited telephone &
e-mail support for 1 year. Cost includes one
time support
reestablishment fee.
Support Expiration Date: Sep 18, 2024
1 600.00 600.00
0003157
Appleton RB10075 Reducing Bushing,
Threaded, 1" x 3/4", Steel
1 4.56 4.56T
0066773
LIQTITE 3/4 STR CONNECTOR
2 8.40 16.80T
0066774
LIQTITE 3/4 STR CONNECTOR
2 13.86 27.72T
0078795
APP RB10050 RDC BUSH STL 1 T
1 4.24 4.24T
0003170
Appleton RB7550 Reducing Bushing,
Threaded, 3/4" x 1/2", Steel
1 2.78 2.78T
0089217
LIQTITE 1/2 STR CONNECTOR
2 5.73 11.46T
0066772
LIQTITE 1/2 90D CONNECTOR
2 9.37 18.74T
0157523
ARL NMLT50 1/2 STR L/T PVC FOR FLEX
NONMETALLIC CONDUIT
10 3.07 30.70T
0157521
ARL NMLT9050 1/2 90D LT CONN FOR FLEX
NONMETALLIC CONDUIT
10 4.85 48.50T
0078795
APP RB10050 RDC BUSH STL 1 T
1 4.24 4.24T
0158452
PST PS 1300 AS 3/4 EG UNIVCLM
20 1.75 35.00T
0158457
PST PS 1300 AS 2 EG 2 UNIVCLM
10 2.42 24.20T
1663232
MIL 48738922 HIGH VISIBILIT
1 9.15 9.15T
PVPSCH802 20 4.93 98.60T
DATE PRODUCT/SERVICE QTY RATE AMOUNT
SCH 80/XH PVC Pipe, 2 in, Plain, 20 ft L, Gray
PVPSCH8034
SCH 80/XH PVC Pipe, 3/4 in, Plain, 20 ft L,
Gray
40 1.55 62.00T
PFE42
45 deg Elbow, 2 in, Socket, SCH 80/XH, PVC
6 31.51 189.06T
PFET2
Tee, 2 in, Socket, SCH 80/XH, PVC
4 47.54 190.16T
PFEC34
Coupling, 3/4 in, Socket, SCH 80/XH, PVC
20 9.17 183.40T
PFE92
90 deg Elbow, 2 in, Socket, SCH 80/XH, PVC
2 13.34 26.68T
PFE934
90 deg Elbow, 3/4 in, Socket, SCH 80/XH, PVC
20 4.78 95.60T
PFEMA34
Male Adapter, 3/4 in, Socket x MNPT, SCH
80/XH, PVC
25 8.75 218.75T
PFECAP2
Cap, 2 in, Socket, SCH 80/XH, PVC
2 29.58 59.16T
PFEFA34
Female Adapter, 3/4 in, Socket x FNPT, SCH
80/XH, PVC
11 9.44 103.84T
IPS71112PT
711™ Heavy Body Cement, 1/2 pt, Gray, For
PVC
1 26.31 26.31T
IPSP7012PT
P70™ Primer, 1/2 pt, Purple, For PVC, CPVC
1 21.44 21.44T
PVPSCH801
SCH 80/XH PVC Pipe, 1 in, Plain, 20 ft L, Gray
20 2.26 45.20T
PFEC1
Coupling, 1 in, Socket, SCH 80/XH, PVC
2 9.44 18.88T
525432
Leviton C-Series Magnetic Stainless Steel 1-
Gang Decora/Decora Plus/GFCI Wall Plate,
Standard Size
2 2.90 5.80T
211962
3/8 in.-16 x 1-1/2 in. Galvanized Hex Bolt (15-
Pack)
2 13.42 26.84T
1005226567
1/2 in. x 7 in. Parawedge Wedge Anchor (25-
Pack)
1 42.84 42.84T
1005226556
3/8 in. x 5 in. Wedge Anchor (40-Pack)
1 45.44 45.44T
We appreciate your business. If you have any questions
regarding this invoice contact us at (888) 536-8623 or
[email protected]
Our terms are due and payable 30 days from date of invoice unless otherwise noted. If payment is not received by the 30th day, a 1.5% monthly service charge (18% annually) will be charged on all accounts past due.
Payment of outstanding invoices by credit card will be subject to a surcharge on the total amount charged of 2.9%
SUBTOTAL 11,037.06
TAX 521.97
TOTAL 11,559.03
BALANCE DUE $11,559.03
Agenda Item No: 8.i.
MEETING DATE/TIME: 6/5/2024
ITEM NO: 2024-280
AGENDA SUMMARY REPORT
SUBJECT: Consideration of Approving a One (1) Year Extension of City of Ukiah Agreement No. 2021-184 to AP Triton LLC for Continued Consulting Services for the Ukiah Valley Fire Authority's Pre-Hospital Emergency Medical Services Program and Review of the Electric Utility's Fire Mitigation Plan in an Amount not to Exceed $60,000, and Approve Corresponding Budget Amendment.
DEPARTMENT: Fire PREPARED BY: Doug Hutchison, Fire Chief PRESENTER: Doug Hutchison, Fire Chief- Ukiah Valley Fire Authority
ATTACHMENTS:
1. Ukiah Valley - extension 05.01.24 to 04.30
2. Original Agreement and First Extention
Summary: Council will consider approving a one (1) year extension to AP Triton for consulting services for the Ukiah Valley Fire Authority's Pre-Hospital Emergency Medical Services (PHEMS) and review of the Electric Uitilty's Fire Mitigation Plan, for an amount not to exceed $60,000.00, and approve corresponding budget amendment.
Background: The Ukiah Valley Fire Authority has utilized the expertise of AP Triton for consultation on a wide range of issues surrounding the Fire Authority's provision of Pre-Hospital Emergency Medical Services for several years. Their subject matter experts (SMEs) have vast experience regarding fire services, PHEMS, master, and strategic planning.
Discussion: The Fire Authority would like to extend the current agreement, COU 2021-184, for an additional year as the Fire Authority, the City, and the County continue to work through the process of potentially establishing a Joint Powers Agreement (JPA) for provision of Pre-Hospital Emergency Medical Services (PHEMS), and Emergency Ambulance Transport in Inland Mendocino County.
Additionally, with this extension, The Fire Authority is bringing AP Triton's SMEs in to review the Electric Utility's Fire Mitigation Plan(s) at the request of the City of Ukiah's Electric Utility.
AP Triton has been providing consulting services to the Fire Authority since 2019, and their continued expertise will be crucial in crafting a plan that is beneficial to the entire community while at the same time protecting the signatory agencies' rights and obligations. The proposed extension for May 2024 to April 2025 is provided as Attachment 1. For reference, our original agreement with AP Triton, COU 2021-184, and first extension is Attachment 2.
A budget amendment is being requested to cover these funds.
Recommended Action: Approve a one (1) year extension of COU Agreement No. 2121-184 with AP Triton for an amount not to exceed $60,000.00, and approve corresponding budget amendment.
BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: 71021100.52100: $0; 71021110.52100: $0; 10521210.52100: $0
PROPOSED BUDGET AMOUNT:
71021100.52100: $27,348; 71021110.52100: $24,000; 10521210.52100: $12,000 FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: COU 2021-184
COORDINATED WITH: Doug Hutchison, Fire Chief- Ukiah Valley Fire Authority 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): 10a – Protect from dangerous emission by preventing fires.
GENERAL PLAN ELEMENTS (GP): GP-A6 - Safety Element
1309 Coffeen Avenue, Suite 3178 • Sheridan, WY 82801 • 833.251.5824 • www.aptriton.com May 25, 2024
Sage Sangiacomo, City Manager
Doug Hutchison, Fire Chief
City of Ukiah / Ukiah Valley Fire Authority
300 Seminary Avenue
Ukiah, CA 95482-5400
SUBJECT: Agreement for consulting services for PHEMS for Ukiah Valley Fire Authority Dear Mr. Sangiacomo and Chief Hutchison:
The professional services agreement between AP Triton and the City of Ukiah (COU No. 2021-184), which was entered into effective May 1, 2021, and has been extended by mutual agreement to April 30, 2024. Both parties have expressed interest in extending the current professional services agreement for a period of twelve months, and including the review of the fire mitigation plan for the City’s Electric Department to the Scope of Services (Attachment 1). There are no changes needed to any other sections in the current agreement, including Attachment 2.
Therefore, by way of this letter, parties agree to:
• Extend the current professional services agreement for one year, May 1, 2024 through April 30, 2025.
• Add “Review of City of Ukiah Electric Department’s Fire Mitigation Plan” to the Scope of Services (Attachment 1).
This letter serves as a formal amendment of the agreement once signed by both parties.
___________________________ __________________________
Sage Sangiacomo Date
City Manager
___________________________ ___________________________ Kurt P. Henke Date
Principal / Managing Partner
COU 202 l -l 84-A2
1309 Coffeen Avenue, Suite 3178 • Sheridan, WY 82801 • 833.251.5824 • www.aptriton.com April 17, 2023
Sage Sangiacomo, City Manager
Doug Hutchison, Fire Chief
City of Ukiah/ Ukiah Valley Fire Authority
300 Seminary Avenue
Ukiah, CA 95482-5400
SUBJECT: Agreement for consulting services for PHEMS for Ukiah Valley Fire Authority Dear Mr. Sangiacomo and Chief Hutchison:
The professional services agreement between AP Triton and the City of Ukiah (GOU No. 2021-184 ), which was entered into effective May 1, 2021, and has been extended by mutual agreement to April 30, 2023. Both parties have expressed interest in extending the current professional services agreement for one year. Furthermore, there are no changes needed to any sections in the current agreement, including Exhibits A and B.
Therefore, by way of this letter, parties agree to:
• Extend the current professional services agreement for one year, May 1, 2023 through April 30, 2024.
This letter serves as a formal extension of the agreement once signed by both parties.
Sage Sangiacomo
City Manager
Kurt P. Henke
Principal / Managing Partner
Julll,2023
Date
Date
Signature:
Email:
Signature:
Email:
Signature:
Email:
mhorger@cityofukiah. com
Darcy Vaughn ( Jul 10, 2023 11: 09 CDT)
Darcy Vaughn
dvaughn@cityofukiah. onmicrosoft. com
smannion@cityofukiah. com
CONSTRUTION PROJECT UPDATE
City of Ukiah
June 5, 2024
• Recycled Water Phase 4
• Streetscape Phase 2
• Urban Core Street and
Utility Project
• Screw Press and SAF
• Distribution System
• Waste Waster Treatment
Plant
• Water Treatment Plant
• Distribution System – will
be trench paving from
Todd Grove Area to
Brush Street. Crews are
aware of the
Graduation Ceremonies
at the end of
• Sludge Lagoon has been eliminated and the new
pond is getting ready for construction.
• Water Treatment
Plant Tank should
be done in
August.
Significantly
ahead of
schedule
• Ready for Pavement
tomorrow morning first
lift will go down
tomorrow.
• Finishing the structural
section and Pave early
next week.
• Sewer Line replacement on Main Street.
• Taking the opportunity when school is out to move to
areas impacted by school traffic.
Agenda Item No: 12.a.
MEETING DATE/TIME: 6/5/2024
ITEM NO: 2024-237
AGENDA SUMMARY REPORT
SUBJECT: Conduct a Public Hearing and Receive the Measure P Oversight Board Report and Findings for 2021 and 2022 Per Resolution 2014-28.
DEPARTMENT: Police PREPARED BY: Cedric Crook, Police Chief PRESENTER: Doug Hutchison, Fire Chief
ATTACHMENTS:
1. Measure P Financial Report, FYs 2021-2022
Summary: During the summer of 2014, the Ukiah City Council approved Resolution 2014-28 establishing a spending plan for Public Safety and the creation of an Oversight Board to make reports on the public safety plan. In April 2024, the City Council selected the Oversight Board, which has now met and reviewed the Measure P Annual Financial Report.
Citizen advisement: A notice has been published in the Ukiah Daily Journal no less than 10 days prior to the Public Hearing, placed in the Civic Center Public Binder and available for public review on the City's website at https://cityofukiah.com/notices-and-bulletins/ under the Public Notices tab.
Background: During the summer of 2014, the City of Ukiah began the effort to renew Measure S, a 1/2 cent sales tax. During this process, the City Council unanimously approved Resolution 2014-28 (included in Attachment 1), which established an expenditure plan for public safety and an Oversight Board to make periodic reports on the performance of the public safety spending plan.
The Ukiah City Council also unanimously adopted Resolution 2014-29, which was placed on the November 2014 regular municipal election ballot, calling for the extension of the one-half percent general sales tax without a sunset clause. In November 2014, 76% of Ukiah's participating voters approved Measure P.
In April 2024, the Ukiah City Council selected and appointed a Measure P Oversight Board to participate in the process and conduct the review for Fiscal Years (FY) 2021 and 2022. It should be noted that per the Council's direction, this same panel will also be used for the FY 23 and FY 24 Oversight Board due to the close time in proximity that it will be held. The selected members included Anthony Selvitella (representing Ukiah Valley Fire Authority), Max Brazill (representing Ukiah Police) and three at-large members; Scott Cratty, Stephanie Dunken, and Troyle Tognoli.
The Measure P Oversight Committee met on April 29, 2024, and reviewed and discussed the City's Measure P Annual Financial Report (Attachment 1).
Discussion: At the April 29, 2024, Measure P Oversight Board meeting, the committee members met, along with the City of Ukiah representatives, City Clerk, Kristine Lawler; City Finance Director, Dan Buffalo; Ukiah Valey Fire Authority Chief, Doug Hutchison; and City Police Chief, Cedric Crook. To begin the process, City Clerk Lawler issued the Oath of Office to the committee members. Finance Director Dan Buffalo reviewed the City's Annual Measure P Financial Reports for FY 2021 and FY 2022, and the Oversight members asked questions concerning the Public Safety budgets and overall staffing needs of both Police and Fire. The committee asked for additional data, which was subsequently provided to them.
The committee voted unanimously to submit to the City Council the Measure P Financial Report as presented in Attachment 1, outlining what funds were spent in alignment with Measure P expenditure plan incorporated in the resolution for FY 2021 and FY 2022, which includes staffing levels, and the historical expenditure of funds to support public safety.
Recommended Action: Hold a Public Hearing and receive the Measure P Annual Finance Report.
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: Dan Buffalo, Finance Director, Doug Hutchison, Fire Chief; Cedric Crook, Police Chief
DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): GP-A6 - Safety Element
Measure P
Oversight Committee
Fiscal Compliance Report
Fiscal Years 2021 and 2022
Attachment 1
RESOLUTION NO. 2014-28
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING AN
EXPENDITURE PLAN FOR PUBLIC SAFETY AND AN OVERSIGHT BOARD TO MAKE
PERIODIC REPORTS ON THE PERFORMANCE OF THE EXPENDITURE PLAN WHEREAS:
1. The City of Ukiah is 47 square miles in size, but is surrounded by additional urban areas and residential subdivisions within an unincorporated portion of Mendocino County. The Ukiah Valley is the most populous portion of Mendocino County, containing, at least, 2/ 3 of the total county population; and
2. The California Department of Finance estimates the population of the City of Ukiah (" City") Iasof January 1, 2004, at 15, 907 people and 16, 185 as of January 1, 2014; and
3. Ukiah is the County Seat for Mendocino County and a commercial center for Mendocino County, Lake County, Southern Humboldt County and Northern Sonoma County; and I4. As such during business hours, the City population swells to perhaps as many as 40, 000 people, including people who work, shop and receive services in Ukiah; and
5. Ukiah also is located on U. S. Highway 101, which is the major north-south highway west of I Interstate Highway 5, and links southem California to Northem California and Oregon; and
6. Consequently, a small city with a population of 15, 907 people in 2004 and 16, 185 in 2014 must provide law enforcement, fire protection and emergency medical services to a day time population of 40,000, and respond to emergencies within the City, on U. S. Highway 101, and on a mutual aid basis within the larger Ukiah Valley; and
7. Public safety services are a general fund obligation of the City, which receives revenues from ad valorem property taxes, sales taxes and vehicle license fees. The City receives only 1% of the gross receipts from taxable retail sales within the City and less than 10% of the property taxes collected from real property located within the City; and
8. While population within the Ukiah Valley and City of Ukiah has grown over the last 30 years, calls for police services have also grown significantly. Calls for police services has increased from around 2500 calls in 1969 to over 25,000 in 2014, or by 1000%. Calis for service have increased in virtually every category, including assaults with weapons, burglary, thefts and shoplifting, drugs, sexual assaults and domestic violence; and
9. In contrast, between the years 1989 and 2003, the number of sworn officers in the Ukiah Police Department has remained constant at 28 officers; and
10. Calls for fire services have also grown. Between 1986 and 2012, fire calls increased 61% from 1. 353 in 1986 to 3, 277 in 2012; and
11. In 1988, the Ukiah Valley Fire District contracted with the City of Ukiah to provide fire services. The combined fre department had 15 firefighters; and
12. In 1988, the Ukiah Valley Fire District and City of Ukiah fire departments elected to I
independently provide fire services to their communities. Over the next 20 years, City of Ukiah Fire Department continued to provide at least 15 firefighter staffing; and
13. In 2003, due to the State of California' s budget deficit, the City' s general fund revenues were decreased significantly; and
Attachment 1
14. As a result, the City was faced with substantial deficits for fiscal years 2004- 2005, which required lay-offs or other reductions in expenditures for public safety services in the City; and
15. These budget deficits lead to deferment of equipment replacements, including fire engines, the City' s ladder truck and police patrol cars; and
16. To address the significant demands of an increased public safety workload and provide funding for necessary equipment, in June of 2005, the Citizens of Ukiah passed by a majority vote, Measure S, a '/ z cent general sales tax measure (" Measure S Sales Tax"), and Measure T, an accompanying advisory measure, which said that the first priority for additional sales tax funds should be support of essential public safety services; and
17. Measure S provided funding that has been used to increase the Police Department staffing from 28 sworn officers to 32 sworn officers. The 4 additional officers ( one per work shift) were added to address workload increases and decrease response times; and
18. Measure S allowed the Fire Department to replace aging fire equipment, including the City' s essential ladder truck, and other fire vehicles, and maintain a staff of at least 15 firefighters, with at least 4 firefighters on duty per shift for emergency services; and
19. In 2008, the Nation, State of California and the City of Ukiah, experienced a recession which significantly reduced city revenues from sales taxes, including revenues received from Measure S. Due to these budget deficits, the City' s general fund revenues were significantly decreased; and
20. This unanticipated nation-wide recession forced the City of Ukiah to eliminate open positions, layoff personnel and reduce general fund budgets; and
21. Over the last six years, every employee in the City of Ukiah has had a 5% reduction in pay, and absorbed increases to their health insurance costs, in addition to various unpaid furloughs and reduced work hours which were made necessary by significantly reduced sales and property tax revenues ; and
22. The City of Ukiah fully complied with the PERS retirement cost reductions, reducing retirements costs for new employees; and
23. The Police Department was reduced over a two year period from 32 sworn officers to 30 sworn, then 26 sworn officers, because of the 2008 recession and reduction in General Fund revenues and Measure S revenues; and
24. The Fire Department operated ambulance service was eliminated as an additional measure to economize in response to the 2008 recession and reduction in Measure S Sales Tax and General Fund revenues, because the cost of the ambulance service exceeded the limited compensation from reduced Medi- Cal and Medi- Care reimbursements; and
25. As the economy improved, and General Fund revenues and Measure S Sales Tax revenues have been restored to the levels prevailing before the 2008 recession, the City of Ukiah has worked to improve public safety services to the Ukiah community; and
26. For a two year period commencing January 1, 2014 and ending on December 31, 2015, the City of Ukiah and the Ukiah Valley Fire District have entered a contract to provide fire services to the entire Ukiah Valley and City of Ukiah; and Attachment 1
27. This agreement has increased the available on-duty firefighting staff to 18 firefighters, ( 11- City paid personnel, 6- District personnel, and shared Fire Chief ) a combined twodepartment volunteer firefighter force, with an increased firefighter capacity to at least 6 firefighters on-duty each day for firefighting and Paramedic medical services; and
28. The City Council has reauthorized the Police Department to increase staffing back to 32 sworn officers. The additional officers ( which allow for an extra officer per work shift) were added to address workload increases and decreased response times; and
29. Unlike the City' s 1% share of the current 825% statewide sales tax, all sales taxes produced by Measure S must remain in the City of Ukiah. These taxes cannot be taken away by the State of California. Although enacted as a general tax which can lawfully be used for any municipal purpose, the City Council has and by this resolution will continue to place the Measure S Sales Tax revenue in a designated account within its budget and financial statements so that its use for public safety services can be reviewed, audited and accounted for; and
30. In addition, it is the intent of this resolution to commit the City to maintain the amount of general fund revenues supporting public safety at or above current levels. This resolution also commits the City to maintain the current level of public safety services, including a minimum of 32 sworn police officer, and the level of fire prevention and protective services commensurate with the City of Ukiah' s portion of any City and District contractual agreement forjoint fire, paramedic and fire prevention operations; and
31. Measure S will sunset in September of 2015. Without the continuation of Measure S Sales Tax revenue, the City of Ukiah could not maintain current Police and Fire services. Without Measure S Sales Tax revenues, the City of Ukiah would be forced to reduce or eliminate some or all of these essential public safety services.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. EXPENDITURE PLAN: While the revenue received by the City from Measure S Sales Tax is unrestricted general fund revenue, by this resolution, the City Council commits to using these revenues to provide public safety services. "Public safety services" means law enforcement and crime prevention services provided by the Ukiah Police Department, and fire protection and prevention and emergency medical services provided by the Ukiah Fire Department, by contract with the Ukiah Valley Fire Protection District or any other arrangement approved by the City Council. These taxes may be used to pay for such public safety services expenses as the training and salaries, including overtime and specialty pay, and fringe benefits, of public safety officers and support staff working in the Police Department and of firefighters, emergency medical technicians and support staff providing fire prevention and protection services to the City. These funds may also be used for operating expenses, and the purchase of vehicles, equipment and supplies, and capital improvements used exclusively for Public safety services.
A. Accountinq for Public Safetv Services Revenue. In each fiscal year commencing with the 2014- 2015 fiscal year, for purposes of accounting for the use of these revenues, the City shall continue to credit to an account or fund in the City' s budget and financial records, to be designated by the Finance Director, all of the following: ( 1) Measure S Sales Tax revenue; and ( 2) " Public Safety Revenue" which is the revenue produced by the Police and Fire Departments.
3 Attachment 1
B. Minimum level of Public Safetv Services. The City shall maintain a minimum level of public safety services, but nothing in this resolution prevents the City Council from establishing a higher level of public safety services, reorganizing or changing the method of providing public safety services or reducing staffing for public safety where required by financial necessity resulting from circumstances beyond the control of the City, such as a prolonged recession like the one experienced in 2008 or other prolonged and substantial reduction in general fund revenues. The minimum level of public safety services shall be the level of such services available in the City in the 2014- 15 fiscal year, including the following: ( 1) thirty-two 32) full- time peace officers as defined in Penal Code Section 7 and Title 3, Part 2, Chapter 4. 5 commencing with Section 830), and the level of fire prevention and protective services commensurate with the City of Ukiah' s portion of any City and District contractual agreement for joint fire, paramedic, and fire prevention operations .
2. OVERSIGHT COMMITTEE. Every two years after the Effective Date of Ordinance No. 1149, extending the Measure S sales tax, the City Council shall appoint five people to an Oversight Committee" the only function of which shall be to review the City' s budget for public safety services and the expenditure of the revenues so budgeted. The persons appointed to the Oversight Committee should represent a broad range of interests in the City, including such interests as business owners, ethnic minorities, ( 1) Ukiah City firefighter, ( 1) Ukiah City peace officer, homeowners and tenants.
The City Manager shall provide the Oversight Committee with any information it requests which is not exempt from disclosure under the California Public Records Act and shall assist it in organizing and analyzing the information so provided. The Oversight Committee must prepare a written report which shall be presented to the City Council at a noticed public hearing and which shall be available to the general public for not less than 10 calendar days prior to the scheduled hearing date. The report shall contain an analysis of the level and types of service provided by the City' s police department and fire department or other arrangement approved by the City Council, the revenues and expenditures of the designated fund or account. It shall also make recommendations concerning the future use of these funds and levels and types of service. The Oversight Committee shall dissolve after it files its report with the City Council, until a new Oversight Committee is appointed for the next two year review.
3. ACCOUNTING FOR MEASURE S SALES TAX REVENUE. All Measure S Sales Tax revenues and all interest on said revenues shall be credited to the designated fund or account and shall be designated for use in accordance with this Resolution.
PASSED AND ADOPTED ON JUNE 24, 2014, BY THE FOLLOWING ROLL CALL VOTE:
AYES: Councilmembers Scalmanini, Crane, Thomas, Landis, and Mayor Baldwin NOES: None
ABSENT: None
ABSTAIN: None
Philip E. Idwin, Mayor
ATTEST:
s.
i _ G , -
Kristine Lawler, City Clerk
4 Attachment 1
Measure P
Measure P, passed by a simple majority (50 percent plus 1) of Ukiah voters in November of 2014, is a general (unrestricted) transaction and use tax. A general, unrestricted tax is one that can be used to fund any program, function, service, or project at the discretion of the City Council. It is not a special, restricted tax, which would require approval of two-thirds of the voting public. It continued a sun-set transaction and use tax, known as Measure S (2005), accompanied by an advisory Measure T (2005). Measure P, however, was passed with no advisory measure. The purpose of Measure P is to augment public safety expenditures to provide a higher level of police and fire service to the community. Amounts collected from the tax are to be used in addition to the commitment of the General Fund and not in replacement of. The following graph demonstrates how the past revenue measure (S) and now Measure P have been employed with relation to the General Fund. -
2,000,000
4,000,000
6,000,000
8,000,000
10,000,000
12,000,000
14,000,000
16,000,000
2014-15 2015-16 2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 Measure S/P Over Time
Revenue to Expenditures
Fiscal Years 2015 to 2022
Police expenditures Fire expenditures Measure S/P revenue General revenues Attachment 1
Fiscal Year 2021
2014-15 2020-21 Variance with
Baseline Actual Baseline
REVENUES
Measure P $ 2,465,521 $ 3,858,985 $ 1,393,464
Public safety revenues:
Police 1,001,861 296,441 (705,420)
Fire 37,235 196,930 159,695
Prop 172 53,471 102,251 48,780
General revenues (general fund) 7,922,006 9,100,101 1,178,095 Total revenues 11,480,094 13,554,708 2,074,614
EXPENDITURES
Current:
Police 8,709,693 9,308,866 (599,173)
Fire 2,553,407 4,166,491 (1,613,084)
Total current 11,263,100 13,475,357 (2,212,257)
Capital outlay:
Police 186,594 55,999 130,595
Fire 30,400 23,352 7,048
Total capital outlay 216,994 79,351 137,643
Total expenditures 11,480,094 13,554,708 (2,074,614)
Excess (deficiency) of revenues over expenditures $ - $ - $ -
PERSONNEL
Police:
Sworn 32 27 (5)
Miscellaneous 18 17 (1)
Total police 50 44 (6)
Fire:
City 11 18 7
UVSD 6 - (6)
Total fire 17 18 1
Notes:
1) Excludes parking enforcement expenditures and associated revenue. 2) Excludes dispatch service revenue, except for general fund contributions. 3) Includes a temporary reduction in budgeted officers and an increase to the number of CSO positions, an interim measure to meet work demands due to the number of sworn officer vacancies.
4) Does not include Emergency Management services, which are included in Public Safety on the Statement of Revenues, Expenditures, and Changes in Fund Balance.
City of Ukiah
Measure P
Schedule of Revenues, Expenditures, and Changes in Fund Balances – Baseline to Current Actual For the Year Ended June 30, 2021
Attachment 1
Fiscal Year 2022
2014-15 2021-22 Variance with
Baseline Actual Baseline
REVENUES
Measure P $ 2,465,521 $ 3,623,593 $ 1,158,072
Public safety revenues:
Police 1,001,861 663,099 (338,762)
Fire 37,235 1,665,636 1,628,401
Prop 172 53,471 161,965 108,494
General revenues (general fund) 7,922,006 8,713,810 791,804 Total revenues 11,480,094 14,828,104 3,348,010
EXPENDITURES
Current:
Police 8,709,693 8,917,751 (208,058)
Fire4 2,553,407 5,761,443 (3,208,036)
Total current 11,263,100 14,679,195 (3,416,095)
Capital outlay:
Police 186,594 117,509 69,085
Fire 30,400 31,400 (1,000)
Total capital outlay 216,994 148,909 68,085
Total expenditures 11,480,094 14,828,104 (3,348,010)
Excess (deficiency) of revenues over expenditures $ - $ - $ -
PERSONNEL
Police:
Sworn 32 27 (5)
Miscellaneous 18 18 (0)
Total police 50 45 (5)
Fire:
City 11 21 10
Ambulance/Misc - 7 7
UVSD 6 - (6)
Total fire 17 28 11
Notes:
1) Excludes parking enforcement expenditures and associated revenue. 2) Excludes dispatch service revenue, except for general fund contributions. 4) Beginning fiscal year 2021-22 the City changed its accounting of the UVFD and City shared cost. The District's contribution to personal and other operating expenditures are not recognized as revenues to the City. Conversely, the City's expenditures related to fire services now include those amounts previously reported as expenditures of UVFD. 3) Does not include Emergency Management services, which are included in Public Safety on the Statement of Revenues, Expenditures, and Changes in Fund Balance.
City of Ukiah
Measure P
Schedule of Revenues, Expenditures, and Changes in Fund Balances – Baseline to Current Actual For the Year Ended June 30, 2022
Attachment 1
Agenda Item No: 12.b.
MEETING DATE/TIME: 6/5/2024
ITEM NO: 2024-262
AGENDA SUMMARY REPORT
SUBJECT: Conduct a Public Hearing to Receive Public Comment; Discuss Final Grantee Performance Under State Community Development Block Grant 20-CDBG-12052; Adopt Resolution Confirming Project Closeout and Reimbursement of Grant Expenses from the California Department of Housing and Community Development; and Approve any Corresponding Budget Amendments Required as part of the Grant Closeout Process.
DEPARTMENT: Community
Development PREPARED BY: Jim Robbins, Housing and Grants Manager, Jason Benson, Senior Civil Engineer PRESENTER: Jim Robbins, Housing and Grants Manager;
Jason Benson, Senior Civil Engineer
ATTACHMENTS:
1. Resolution_2020-43
2. Standard_Agreement_20-CDBG-12052
3. Orr Street Bridge Feasibility Study_Final_with Appendix
4. Land_Survey_Results_on_TopoMap_Property_Lines_Utilities
5. Resolution - Close-20-CDBG-12052
6. 12b Correspondence Received - Councilmember Susan Sher Summary: Council is requested to conduct a public hearing to receive a report from Staff on performance and accomplishments from State Community Development Block Grant #20-CDBG-1252; receive public comment related to the City's performance on this grant project; pass a Resolution acknowledging project accomplishments and confirming activity completion; and approve any corresponding budget amendments required as part of the grant closeout process.
Background: On August 5, 2020, the Ukiah City Council adopted Resolution No. 2020-43 (Attachment 1) authorizing the submittal of a State Community Development Block Grant (CDBG) application in response to the 2020 CDBG Notice of Funding Availability (NOFA) issued by the State Department of Housing and Community Development (HCD). The authorizing Resolution for the application included a Transportation Corridor Study and Plan for Orr Street Bridge (the subject project), a Microenterprise Technical Assistance Program, a Business Assistance Program, and a Design and Feasibility Study for ADA Improvements at 501 S. State Street, all of which were funded through separate standard agreements in 2021. The City was awarded $150,000 in State CDBG funds for the subject project and executed Standard Agreement 20-CDBG12052 on June 7, 2021 (Attachment 2).
The City has received the final bridge and corridor study for the subject project. In order to complete closeout requirements related to the grant, and to remain eligible to receive funding for similar activities in the future, the City is required to present a report on accomplishments and performance related to 20-CDBG-12052, conduct a public hearing to receive public comment, and pass a Resolution acknowledging accomplishments, confirming activity completion, and confirming receipt of grant reimbursement funds from the State.
Discussion: City Staff implemented the Orr Street Bridge and Corridor Study with assistance from a procured contractor, GHD Inc. GHD has completed the study, and it has been reviewed and approved by the City of Ukiah Engineering Division (Attachments 3 and 4).
The Orr Street Bridge and Corridor Study, initiated by the City of Ukiah and conducted by GHD Inc., evaluated multiple options for replacing the Orr Street Bridge and upgrading the surrounding roadway to a complete street design. Funded by a Community Development Block Grant, the study addressed the deteriorating conditions of the bridge, closed to vehicle traffic since 2009, and aimed to enhance walkability, bike access, and overall connectivity within the local community. Various design alternatives were considered, including two-lane and single-lane bridge configurations, bike and pedestrian-only bridges, and options for emergency vehicle access. The study involved environmental evaluations, hydraulic studies, preliminary structural planning, and cost estimates.
Three of the five proposed bridge alternatives were brought to the public and neighborhood groups for consideration during public meetings held in April and August 2022. The findings from these engagements and consultations have identified options that will inform the subsequent phases of the project, including preliminary design, environmental clearance, final design, and construction.
The study provides information and analysis that will help to inform future policy and infrastructure considerations. In addition, the completion of study will improve the City's ability to compete for future infrastructure grants for the corridor. The alternative and/or combination of alternatives that might be ultimately chosen for this corridor will be a matter of consideration at future City Council meeting(s). The reconstruction contract for the Orr Street Bridge has been awarded and scheduled for early summer 2024.
The total amount of 20-CDBG-12052 funds expended for the project was $150,000, representing an expenditure rate of 100% of total available grant funds. The total project cost was $152,075.86, with $2,075.86, or 1.4%, covered by other City funds as an informal match. No City of Ukiah CDBG Program Income funds were used for this project.
Staff recommends Council receive this report, conduct a public hearing to receive public comment on the City’s performance related to 20-CDBG-12052, and adopt a Resolution acknowledging accomplishments, confirming activity completion, and confirming receipt of grant reimbursement funds from the State (Attachment 5).
Recommended Action: 1) Receive report from Staff on final performance related to State Community Development Block Grant 20-CDBG-12052; 2) conduct a public hearing to receive public comment; 3) adopt a Resolution acknowledging accomplishments, confirming activity completion, and confirming receipt of grant reimbursement funds from the State; and 4) approve any corresponding budget amendments required as part of the grant closeout process.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: $150,000
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: State CDBG Grant 20-CDBG-12052
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Jason Benson, Senior Engineer; Tim Eriksen, Public Works Director; 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): N/A
GENERAL PLAN ELEMENTS (GP): N/A
RESOLUTION NO. 2020-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING AN
APPLICATION FOR FUNDING AND THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO FROM THE 2019- 2020 FUNDING YEAR OF THE STATE CDBG
PROGRAM
BE IT RESOLVED by the City Council of the City of Ukiah as follows:
SECTION 1:
The City Council has reviewed and hereby approves the submission to the State of California of one or more application( s) in the aggregate amount, of not to exceed $ 850, 500, for the following CDBG activities, pursuant to the January 2020 CDBG NOFA:
City of Ukiah Microenterprise Technical Assistance Program 140, 000 General Administration — Microenterprise Technical Assistance Program 10, 500 City of Ukiah Business Assistance Program 431, 000
Activity Delivery— Business Assistance Program 34, 000
General Administration — Business Assistance Program 35, 000 Orr Street Bridge and Transportation Corridor Study and Plan 150, 000 Design and Feasibility Study for ADA Improvements at City of Ukiah Municipal Services Facility Located at 501 South State Street 50, 000 Total Grant Amount 850, 500
SECTION 2:
The City hereby approves the use of Program Income in an amount not to exceed $ 140, 000 for the City of Ukiah Business Assistance Program described in Section 1.
SECTION 3:
The City acknowledges compliance with all state and federal public participation requirements in the development of its applications.
SECTION 4:
The City hereby authorizes and directs City Manager to execute and deliver all applications and act on the City's behalf in all matters pertaining to all such applications.
SECTION 5:
If an application is approved, the City Manager is authorized to enter into, execute and deliver the grant agreement ( i. e., Standard Agreement) and any and all subsequent amendments thereto with the State of California for the purposes of the grant.
SECTION 6:
If an application is approved, City Manager is authorized to sign and submit Funds Requests and all required reporting forms and other documentation as may be required by the State of California from time to time in connection with the grant.
ATTACHMENT 1
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ukiah held on August 5, 2020 by the following vote:
AYES: Councilmembers Mulheren, Brown, Scalmanini, Orozco, and Mayor Crane NOES: None
ABSTAIN: None
ABSENT: None
r
r
Douglas F:,°Crane, Mayor
Ukiah City Council
STATE OF CALIFORNIA
City of Ukiah
ATTEST:
I, Kristine Lawler, City Clerk of the City of Ukiah, State of California, hereby certify the above and foregoing to be a full, true and correct copy of a resolution adopted by said City Council on this 5th day of Au ust, 2020.
Kristine Lawler, City Clerk
of the City of Ukiah of the State of California
Name and Title
ATTACHMENT 2
Shaun Singh Contracts Manager
Business & Contracts Services Branch
6/7/2021
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
ADMINISTRATION AND MANAGEMENT DIVISION
Business & Contract Services Branch
2020 W. El Camino Avenue, Suite 130, 95833
P. O. Box 952054
Sacramento, CA 94252-2054
(916) 263-6872
www.hcd.ca.gov
Sage Sangiacomo, City Manager
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
Dear Sage Sangiacomo,
RE: City of Ukiah
Contract No.: 20-CDBG-12052
Congratulations on your Community Development Block Grant (CDBG) Program Award.
You have received your CDBG Standard Agreement, Exhibits A through E, in the Grants Network System:
A. Standard Agreement (STD 213 and Exhibits A thru E)
STD 213 - Cover page
Exhibit A - Authority, Purpose and Scope of Work
Exhibit B - Budget Detail and Payment Provisions
Exhibit C - State of California General Terms and Conditions - GTC 04/2017 Exhibit C is now incorporated by reference; please see the STD 213 for additional information.
Exhibit D – CDBG Program Terms and Conditions
Exhibit E – Program Application
B. For expeditious handling, please review the STD 213, sign and upload it into the Grants Network System. Do not mail or email the signed STD 213. Please follow the instructions below:
1. Review the entire Standard Agreement thoroughly and, if necessary, discuss the requirements with your legal and financial advisors.
2. The person or persons authorized by the Resolution(s), must provide an original signature, printed name, title and date, using blue ink, on the lower left-hand section entitled "Contractor" on the STD 213 and/or on page 2 of the STD 213, if applicable.
City of Ukiah
20-CDBG-12052
3. Print and upload the signed STD 213 into the Grants Network System within 30 days from the date of this letter.
4. Note: If the resolution did not authorize a designated official to sign the STD 213 and amendments thereto, your governing body must adopt a resolution authorizing a designated official(s) to sign the STD 213 and any subsequent amendments. If the authorized designee as reflected in the resolution, the awarded NOFA amount or your entity status has changed, you are required to provide, to the Department, a new resolution consistent with the terms of the NOFA award and adopted by your Board.
6. Maintain a complete electronic version of the STD 213 and Exhibits A through E for your pending file. Note: The Standard Agreement is not effective until it is signed by the Awardee's designated official and the Department.
The Department reserves the right to cancel any pending Standard Agreement in its entirety if not returned within the required 30-day period.
Please contact Connie Mallavia, CDBG Program Manager, Federal Programs Branch, at (916) 263-2711 or email [email protected], if you have any questions regarding the Standard Agreement or the provisions therein.
Sincerely,
LaTasha Jackson
Contracts Analyst
cc: Janice Waddell, Branch Chief, Federal Programs Branch
City of Ukiah
20-CDBG-12052
EXHIBIT A
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended: 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 12/15/2020
AUTHORITY, PURPOSE AND SCOPE OF WORK
1. Authority & Purpose
This Standard Agreement (hereinafter "Agreement") will provide official notification of the conditional reservation of funds under the State of California's administration of the federal Community Development Block Grant Program for non-entitlement jurisdictions (hereinafter, "CDBG" or the “Program") by the Department of Housing and Community Development (hereinafter the "Department") pursuant to the provisions of 42 U.S. Code (U.S.C.) 5301, et seq., 24 Code of Federal Regulations (CFR) Part 570, Subpart l , California Health and Safety Code Section 50825, et seq., and the California State CDBG Program Guidelines in effect as of October 15, 2019, all as may be amended from time to time. The Program is listed in the Catalog of Federal Domestic Assistance as 14.228 - CDBG -Community Development Block Grant Program. In accepting this conditional reservation of funds by executing this Agreement, the Grantee agrees to comply with the terms and conditions of this Agreement, the Notice of Funding Availability (NOFA) under which the Grantee applied, as identified in this document footer, the representations contained in the Grantee's application (the "Application") for this funding allocation, which is incorporated herein by reference and is included as a summary in Exhibit E, and the requirements of the authorities cited above. For activities funded outside of a NOFA, including activities funded through Program Income, and activities funded through Urgent Need, the Grantee agrees to comply with the terms and conditions of this Agreement, the representations contained in the Grantee’s Application for activity funding, which is incorporated herein by reference and is included as a summary in Exhibit E, and the requirements of the authorities cited above. Any changes made to the submitted and awarded Application after this Agreement is executed must receive prior written approval from the Department. For purposes of this Agreement, use of the term "Grantee" shall be a reference to "Contractor".
2. Scope of Work
A. The Grantee shall perform the funded activities described in the Scope of Work (Work), including applicable National Objectives as represented in Exhibit E Sections I through IV, and the Application which is on file with the Department and which is incorporated herein by reference. All written materials or alterations submitted as addenda to the original Application and which are approved in writing by the Department are hereby incorporated as part of the Application. The Department reserves the right to require the Grantee to modify any or all parts of the Application in order to comply with CDBG requirements. The Department
City of Ukiah
20-CDBG-12052
EXHIBIT A
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended: 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 12/15/2020
reserves the right to monitor all Work to be performed by the Grantee, its contractors, and subgrantees in relation to this Agreement. Any proposed revision to the Scope of Work must be submitted in writing for review and approval by the Department and may require an amendment to this Agreement.
Approval shall not be presumed unless such approval is made by the Department in writing.
B. For the purposes of performing the Scope of Work, the Department agrees to provide the amount(s) identified in Exhibit B, and as detailed in Exhibit E, Section VI, Budget Worksheet. Unless amended in writing, the Department shall not be liable for any costs in excess of the total approved budget. The Department shall not, under any conditions, be liable for any unauthorized or ineligible costs or activities.
C. Except for General Program Administration, grant activity(ies) must meet one of the following three CDBG National Objectives:
1) Benefit to Low/Moderate Income Persons or Households, 2) Urgent Need, or
3) Elimination of Slums or Blight as defined in 24 CFR 570.483.
3. Effective Date and Commencement of Work
A. This Agreement is effective upon approval by the Department as evidenced by the Department representative’s signature on page one of the fully executed Standard Agreement, STD 213.
B. The CDBG Grantee agrees that no Work toward the implementation of the project activity or program activity, as identified in Exhibit E, Section I through IV, shall commence without prior written authorization from the Department prior to the execution of this Agreement by the Department.
4. Term of Agreement and Performance Milestones
A. Term of Agreement: With the exception of the Grant Closing Requirements set forth in Exhibit B, Section 6, the Grantee shall complete the grant activity and/or activities on or before 36 months (three (3) years) from the Department’s execution date identified on the STD 213 of this Standard Agreement. Any
City of Ukiah
20-CDBG-12052
EXHIBIT A
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended: 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 12/15/2020
extensions beyond the 36 months will require the Department’s approval and a contract amendment.
B. Expenditure Deadline: All Program funds shall be expended no later than 36 months (three (3) years) from the final Department execution date of this Agreement as identified on the STD 213. All requests for funds must be submitted prior to the Expenditure Deadline.
1) Reporting Deadlines:
a) All activities except activities in support of new housing construction and activities in support of economic development must report final beneficiaries no later than thirty (30) days after the expiration of the Expenditure Deadline. Extensions for final reporting must be approved in writing by the Department.
b) For activities in support of new housing construction and economic development where housing units or jobs are dependent on off-site infrastructure development, the activity shall have an extended reporting term of two years (24 months) from the expenditure deadline to complete reporting of units constructed and occupied or jobs created or retained. Activities that do not meet the reporting deadline will be deemed ineligible and the Grantee will be required to repay all grant funds expended on the activity.
C. Milestones: Grantee shall timely adhere to project milestones as established in Exhibit E, Section V.
1) Failure to Meet Milestones:
a) Failure to meet the first milestone identified in Exhibit E, Section V, is a material breach and will result in a for-cause termination of this Agreement. All funds, including program income, reimbursed for this activity prior to the termination shall be returned to the Department no less than thirty (30) days from the written notification of termination.
b) Failure to meet any given subsequent milestones identified in Exhibit E, Section V, may result in loss of program eligibility and will restrict the Grantee from applying for additional CDBG funding until
City of Ukiah
20-CDBG-12052
EXHIBIT A
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended: 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 12/15/2020
the activity is corrected and put back on schedule, or the activity is completed, or the activity is canceled.
2) Any milestone or deadline except the first milestone, the final activity report milestone, and the expenditure deadline may be revised administratively with the approval of the Department without incurring penalty, provided the revision request is received in advance of the original milestone due date.
D. Scope of Work Revisions and Amendments
1) Contract Revisions: Adjustments to the Scope of Work that do not require an increase or reduction of activity scope, a change in National Objective, or a change in the type of beneficiaries assisted may be completed as a Contract Revision. Contract Revisions must be approved by the Department prior to implementation. If approved, contract revisions shall automatically be deemed a part of, and incorporated into, this Agreement.
Approval shall be provided either through the online grant management system, or in writing, as appropriate. Contract Revisions shall include but not be limited to:
a) Adjustments that itemize the scope of work, revise milestone deadlines, except for first and last milestones, and change the scope of work in a manner that does not change the overall budget, National Objective, or change type or reduce count of estimated beneficiaries.
b) Adjustments that increase the estimated number of beneficiaries without increasing or decreasing the scope of work and without changing the overall budget.
2) Contract Amendments: Adjustments to the Scope of Work that require an increase or a reduced scope of work, that change the National Objective, or that change the type or reduces the number of beneficiaries assisted shall require a Contract Amendment. Contract Amendments must be fully executed by both the Grantee and the Department prior to implementation. Adjustments may not be implemented prior to execution unless the Department has provided written notice authorizing the Grantee to proceed. Contract Amendments shall include but not be limited to:
City of Ukiah
20-CDBG-12052
EXHIBIT A
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended: 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 12/15/2020
a) Adjustments that either add scope beyond what was included in the original application, or that reduce scope such that the activity is materially different from the original application, or that reduce estimated beneficiary counts.
b) Adjustments that change the scope in a manner that requires a change to awarded activity budget, including adding funds from other State CDBG funded activities, adding Program Income, and reducing funds from either State CDBG awarded funds or Program Income.
3) HUD Matrix Codes: If HUD changes an activity matrix code(s) or if there is an error in recording the activity code, the Grantee shall be notified in writing and the correction shall not require an amendment to this Agreement.
E. State CDBG Program Contract Management
1) Department Contract Manager: For purposes of this Agreement, the State CDBG Program Contract Manager for the Department is the Program Manager of the State CDBG Program in the Division of Financial Assistance, or such person’s designee. Written communication regarding this Agreement shall be directed to the State CDBG Program Contract Manager at the following address:
State CDBG Program Contract Manager
Division of Financial Assistance
Department of Housing and Community Development
P.O. Box 952054
Sacramento, California 94252-2054
Ph: (916) 263-2711
Email: [email protected]
2) Contract Management: Day-to-day administration of this Agreement shall take place through the online grant management system, including but not limited to:
a) Financial Reports (Funds Requests);
b) Activity Reports;
City of Ukiah
20-CDBG-12052
EXHIBIT A
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended: 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 12/15/2020
c) Semi-Annual Reports;
d) Annual Reports;
e) Submittal of any and all requested supporting documentation; f) Standard Agreement Revisions (non-material contract changes); and,
g) Standard Agreement Amendments (material contract changes). 3) Grantee Contract Administrator: The Grantee's Contract Administrator (must be a Grantee employee) is identified in Exhibit E, Profile. Unless otherwise informed, any notice, report, or other communication required by this Agreement shall be directed to the Grantee’s Contract Administrator at the contact information identified in Exhibit E, Profile.
Written communication shall be directed to the Grantee’s Contract Administrator as identified in the Grantee Profile as referenced in Exhibit E.
4) Capacity to Contract: Contractor has the capacity and authority to fulfill the obligations required of it hereunder and nothing prohibits or restricts the right or ability of Contractor to carry out the terms hereof. 5) Authority to Execute: Each person executing this Agreement represents and warrants to the Department that he or she is duly authorized to execute and deliver this Agreement on behalf of the Contractor, and that such authority is evidenced by a binding authorization. The person executing this Agreement, and the Contractor, acknowledge that the Department is materially relying upon the foregoing representation and warranty in agreeing to enter into this Agreement. In the event of a defect in any resolution submitted to the Department in connection herewith, then this provision shall be deemed satisfactory and admissible evidence of the authority of the signer to bind Contractor to this Agreement and Contractor shall remain fully bound to the terms hereof. In the event the Department determines in its sole discretion that a resolution submitted by the Contractor is deficient in any way, then within thirty (30) days of the
City of Ukiah
20-CDBG-12052
EXHIBIT A
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended: 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 12/15/2020
Department’s request, Contractor shall resubmit a new resolution which is satisfactory to the Department. Failure by the Contractor to timely provide such resolution to the Department shall constitute a default under this Agreement.
City of Ukiah
20-CDBG-12052
EXHIBIT B
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended on 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 12/15/2020
BUDGET DETAIL AND PAYMENT PROVISIONS
1. Budget
A. Budget Detail: The activity shall follow the budget as detailed in Exhibit E, Section VI.
B. Program Income: All Program Income is state administered CDBG funding and is subject to the same federal requirements for financial administration as open grant awards. Program Income, including both cash-on-hand and future projected receipts, if identified as a funding source for any given activity, must be included in the activity budget and must be substantially expended prior to drawing grant award funds. Program Income must be identified separately from grant funds in the activity budget and must be broken out into activity and general administration funding, as applicable. The Department will not encumber locally administered Program Income against NOFA grant funds in the state’s accounting system. Only new grant awards made under a NOFA or in conjunction with an Urgent Need application will be encumbered in the state’s accounting system.
Funding in this Agreement may include either or both:
1) the total new grant award from the NOFA to be encumbered by the Department from grand funds,
2) total locally held Program Income to be included in the activity budget but that will not be encumbered by the Department. This Agreement is for the sum total of funds to be used in the activity including grant funds and Program Income, as applicable. Program Income receipts must be reported no less than quarterly.
C. Other Non-State CDBG Funding Sources: The Grantee shall report on the value of other contributions included as leverage for each activity via the Financial Reports required for such activity. The Financial Reports shall be accessed through the online grant management system and are the reports which convey the information needed to complete financial transactions in HUD’s Integrated Disbursement and Information System (IDIS).
City of Ukiah
20-CDBG-12052
EXHIBIT B
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended on 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 12/15/2020
2. Availability of Funds
The Department’s provision of funding to Grantee pursuant to this Agreement is contingent on the continued availability of CDBG funds and continued federal authorization for CDBG activities, as well as the conditions set forth in Exhibit D, Section
33. The Department’s provision of funding is subject to amendment or termination due to lack of funds or authorization. This Agreement is subject to written modification or termination as necessary by the Department in accordance with requirements contained in any future state or federal legislation and/or state or federal regulations. All other modifications must be in written form and approved by both parties.
3. Eligible Costs
A. No activity costs may be incurred, or funds reimbursed until the Grantee has documented compliance with the applicable National Environmental Protection Act (NEPA) requirements established in 24 CFR 50, 24 CFR 58, and 42 USC 4321, et seq.
B. Allowable Costs: Allowable costs shall mean those necessary and proper costs under 2 CFR 200.400 through 475, and as identified in the Grantee’s application and as detailed in Exhibit E, Section VI, and as approved by the Department unless any or all such costs are disallowed by the State of California or HUD.
Allowable costs include necessary and proper activity and administration costs incurred prior to the execution of this Agreement. All costs incurred prior to the execution of this Agreement must be eligible to be considered allowable and suitable for reimbursement. Eligible costs must, at a minimum, be costs incurred according to the procurement requirements of 2 CFR 200.317, et seq. and be costs required for the activity in this Agreement to meet a National Objective.
C. Priority of Funds: The Grantee agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. To the extent available, the Grantee must disburse funds available from locally held funding CDBG grant resources such as, but not limited to Program Income, rebates, refunds, contract settlements, audit recoveries, and interest earned on such funds before requesting additional cash payments from the grant award.
City of Ukiah
20-CDBG-12052
EXHIBIT B
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended on 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 12/15/2020
D. Withholding Funds: The Department reserves the right to withhold payments pending timely delivery of program reports or documents as may be required under this Agreement. Payments are contingent upon the Grantee's financial management system meeting the requirements of 2 CFR 200.302, and the internal control requirements of 2 CFR 200.303. Payment may be suspended or terminated, in whole or in part, by the Department in its sole discretion in the event of a default by Grantee.
E. Disencumbering Funds: The Grantee agrees that funds determined by the Department to be surplus upon completion of the activity, or that have not been spent prior to the Expenditure Deadline will be subject to disencumbrance by the Department.
F. Indirect Costs: If Grantee wishes to charge for indirect costs, the Grantee must develop an indirect cost allocation plan for determining the appropriate CDBG share of such indirect costs and submit such plan to the Department for approval prior to submission of requests for any payments for the indirect cost expenditures.
G. Pre-Agreement Costs: Pre-Agreement Costs are eligible costs incurred prior to the award of funds as defined in Exhibit D, Section 1. Eligible Pre-Agreement costs as identified in Exhibit E, Section VI, Project Budget, may only be reimbursed upon the full execution of this Agreement and verification that the costs meet all eligibility criteria. Pre-Agreement costs may include both activity delivery and general program administration.
The Grantee agrees that any Pre-Agreement costs not previously identified in Exhibit E, Section VI, Project Budget, will not be paid with CDBG funds.
4. Method of Payment
The Department will not authorize payments unless it has determined the costs incurred are in compliance with the terms of this Agreement. Funds requested through the Financial Reports must be for a minimum of $1,000.00, with the exception of the final funds request, which must be marked “Final”. Payments will be issued to the agency identified on the Taxpayer Identification Form (TIN) provided by the Grantee to the
City of Ukiah
20-CDBG-12052
EXHIBIT B
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended on 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 12/15/2020
Department.
A. Reimbursements: The Department will reimburse the Grantee its allowable costs for the services identified in this Agreement in Exhibit E, Section VI, upon presentation of invoices which Grantee certified are true and correct copies of payments due on behalf of the Grantee for the activity covered by this Agreement and made in accordance and compliance with Exhibit A, Scope of Work. The Grantee may not request reimbursements under this Agreement until the funds are needed for payment of eligible costs. The amount of each request must be limited to the amount needed.
1) To receive reimbursement for grant activities, including reimbursement for eligible Pre-Agreement costs, the Grantee must submit all Department required forms according to the applicable deadlines. Financial Reports and Activity Reports are due no less than quarterly, within 15 days of the end of the quarter. Financial Reports and Activity Reports may be submitted more frequently at the Grantee’s discretion. Financial Reports shall include the level of documentation specified by the Department, including proof of expenditure, and proof of cost eligibility. Grantees must submit documentation supporting cost amounts and cost eligibility with each funds request as part of the Financial Report.
2) Grantees shall submit Financial Reports (funds requests) no less than quarterly. If no funds have been expended, the Grantee shall provide a description of work completed and an explanation of why no funds have been expended.
B. Advances: The Grantee must receive prior written approval from the Department before submitting an advance request. All advances are subject to the Department’s consent, which may be given or withheld on its sole discretion. No advances will be issued prior to full Agreement execution.
C. Final Payment Requests:
1) Grantees on the Reimbursement Payment System: All requests for final reimbursement must be submitted before the Expenditure Deadline
City of Ukiah
20-CDBG-12052
EXHIBIT B
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended on 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 12/15/2020
referenced in Exhibit A, Section 4 of this Agreement.
2) Grantees on the Advance Payment System: The last advance payment must be submitted to the Department no later than sixty (60) days prior to the Expenditure Deadline of this Agreement.
3) Return of Unexpended Funds: All funds received by the Grantee but not expended by the Expenditure Deadline must be accounted for and returned to the Department within thirty (30) days after the Expenditure Deadline. Funds shall be returned in accordance with the current State CDBG Grants Management Manual. All returned funds will be disencumbered.
4) All Funds Not Previously Requested: If the final funds disbursement request for costs expended during the term of this Agreement has not been received by the Department before the Expenditure Deadline, and the Grantee has not requested an extension per Exhibit A Section 4, (Term of Agreement and Performance Milestones), the Department may disencumber any funds remaining and grant funds will no longer be available for the Grantee.
5. Budget Revisions and Amendments
Budget line item adjustments may be made in accordance with the following:
A. Budget Revisions: Adjustments to the Budget that do not require an increase or reduction of total activity budget, a change in National Objective, or a change in the type or a reduction in number of beneficiaries assisted may be completed as a Budget Revision. Budget Revisions shall include but not be limited to:
1) Adjustments that reallocate funds between budget line items, including between General Administration funding, activity funding, and Program Income resources, including both Program Income cash on hand, and Program Income projected receipts, but that otherwise does not change the overall budget total, the scope of work, the National Objective, and type and count of estimated beneficiaries. Reallocations involving General Administration funding are subject to applicable General Administration caps identified in the Notice of Funding Availability.
2) Adjustments that increase or decrease the detail included in the submitted lined item budgets, including adding and removing budget line items,
City of Ukiah
20-CDBG-12052
EXHIBIT B
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended on 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 12/15/2020
without increasing or decreasing the scope of work and without changing the overall budget.
Budget Revisions must be approved by the Department prior to implementation.
Approval shall be provided either through the online grant management system, or in writing, as appropriate. If approved, Budget Revisions shall automatically be deemed a part of, and incorporated into, this Agreement.
B. Budget Amendments: Adjustments to the Budget that result in an increased or a reduced total activity budget shall require a Contract Amendment. Contract Amendments must be fully executed by both the Grantee and the Department prior to implementation. Adjustments may not be implemented prior to execution unless the Department has provided written notice authorizing the Grantee to proceed.
6. Grant Closing Requirements
A. Expenditure Deadline:
1) All Program funds shall be expended no later than the Expenditure Deadline as defined in Exhibit A, Section 4. All requests for funds must be submitted prior to the Expenditure Deadline.
2) The Final Financial Report for the activity must be marked final and submitted before the Expenditure Deadline. Financial Reports submitted after the Expenditure Deadline will not be eligible for reimbursement.
Closeout Procedure: The Grantee must submit the following at the completion of the activity:
1) A Final Activity Report that includes all required reporting data for the activity;
2) A filed Notice of Completion (if applicable);
3) Evidence, satisfactory to the Department, of compliance with any and all other Special Conditions of this Agreement as set forth in Exhibit E hereto; and,
4) A resolution from the governing body acknowledging the accomplishments of the activity and confirming that the activity is complete and that all
City of Ukiah
20-CDBG-12052
EXHIBIT B
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended on 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 12/15/2020
outstanding funds have been reimbursed by the Department.
If the Grantee identified an extended reporting period will be required to meet the National Objective for the activity in the Application, the above closeout requirements shall be submitted upon the completion of the activity, or within twenty-four (24) months after the Expiration Deadline, whichever comes first. If no extended reporting period is required, the above closeout requirements shall be submitted within thirty (30) days after the Agreement's Expenditure Deadline.
Upon receipt of the above documentation, the Department will close out this Agreement and finalize the activity in IDIS for final reporting to HUD.
B. Ongoing Reporting: Grants that have been closed may, as applicable, have continued reporting requirements, including Program Income reporting, performance reporting, beneficiary reporting, asset reporting, and other federally required reports as identified in Exhibit D, Section 22.
City of Ukiah
20-CDBG-12052
EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended on 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 12/15/2020
CDBG PROGRAM TERMS AND CONDITIONS
1. Definitions
A. "Activity" means one of the following HUD eligible activities as per 42 U.S.C. 5305.
1) Acquisition (§ 5305 (a)(1))
2) Public Improvements (§ 5305 (a)(2))
3) Public Facilities (§ 5305 (a)(2) and (5))
4) Code Enforcement (§ 5305 (a)(3))
5) Housing Rehabilitation (§ 5305 (a)(4))
6) Public Services (§ 5305 (a)(8))
7) Planning and Technical Assistance (Section 105(a)(12), (14) and (19) 8) Business Financial Assistance (§ 5305 (a)(17))
9) Microenterprise Assistance (§ 5305 (a)(22))
10) Homeownership (§ 5305 (a)(24))
B. “Activity Budget” means the budget included in Exhibit E, Section VI, Project Budget, as referenced by Exhibit B, Budget Detail, and Payment Provisions.
C. "Activity Delivery" (AD) means any reasonable and necessary costs that are not directly related to labor and/or direct construction and/or direct activity implementation costs. The Grantee may expend up to the indicated AD as identified the NOFA that is associated with this Agreement or any relevant CDBG Management Memo. CDBG funds for AD cannot be drawn down unless CDBG activity costs have previously been drawn down or are being drawn down on the same funds request.
D. “Activity Reports” are the activity reports that must be submitted at least quarterly that describe program or project progress and/or beneficiaries served during a
City of Ukiah
20-CDBG-12052
EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended on 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 12/15/2020
given reporting period.
E. “Department” means the California Department of Housing and Community Development.
F. "Funds Request" is also identified as a Financial Report and refers to the forms and processes required to request the drawdown of CDBG funds (requests for funds must be a minimum of $1,000.00 unless it is the final Financial Report for an activity). Funds disbursements must be completed no less than quarterly for each open activity, including Program Income funded activities.
G. "General Administration" refers to eligible administrative expenses as provided in 42 U.S.C. 5305(a)(13).
H. “Grantee” means the jurisdiction that applied for CDBG funding and has legal authority to sign this Agreement and commit to compliance with all federal requirements regarding the administration of federal funds, as identified in 2 CFR 200.
I. “Pre-Agreement Costs” are pre-award costs as defined at 2 CFR 200.458 and 24 CFR 570.489(p) and are costs that are eligible per 2 CFR 200.400 et.seq. that have been itemized on the approved activity budget as identified in Exhibit E, Section VI, Project Budget, as referenced by Exhibit B, Budget Detail and Payment Provisions.
J. "Program" means an eligible activity that provides direct assistance to eligible participants within a defined service area. Programs include public services, housing assistance to households, and instances where an eligible person, household, or area is directly assisted with a unit of service.
K. “Program Guidelines” means the CDBG Program Guidelines adopted in October 2019 that replaced the California state regulations regarding the operation of the State CDBG program, as per Health and Safety Code 50826.1(a) that states that the regulations are repealed upon adoption of guidelines.
L. “Program Income”, as defined in 24 CFR 570.489(e), means gross income received by the Grantee that is directly generated from the use of CDBG funds.
When such income is generated by an activity that is only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG
City of Ukiah
20-CDBG-12052
EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended on 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 12/15/2020
funds used.
M. "Project" means eligible capital improvements to public facilities, infrastructure, assets, and right-of-way. Projects may also include eligible capital improvements to privately owned facilities, infrastructure, and assets that serve the public or that provide a public good, including shelters, community-based facilities, and utilities.
2. Eligible Activities
Grantee will only use funds under this Agreement for the activity identified in Exhibit E.
All activities must be eligible CDBG activities as authorized under 42 U.S.C. 5305 and 24 CFR 570.482.
3. National Objectives
Grantee will only use funds in support of the National Objective identified in Exhibit E, Section IV. All CDBG funded grant activities must meet a National Objective as defined in 42 U.S.C. 5304(b)(3), as amended, and 24 CFR Part 570.483.
Real Property acquired in whole or in part with CDBG funds must be used to meet the same National Objective for which it was purchased for no less than five years from the date of acquisition. The Department may require a Use Restriction Agreement be recorded against real property acquired or improved in whole or in part with CDBG funds.
4. Termination and Remedies for Noncompliance
Awards as secured by this Agreement may be terminated by the Department in whole or in part as per federal regulation at 2 CFR 200.339. All terminations shall include written notification setting forth the reason(s) for such termination, the effective date, and the portion to be terminated in the case of partial terminations and will follow termination notification requirements identified in 2 CFR 200.340.
A. Termination without Cause: Agreements may be terminated without cause in whole or in part by the Department only with the consent of the Grantee. In the case of a whole agreement termination, the two parties shall agree upon termination conditions, including the effective date. In the case of partial termination, the two parties shall agree upon termination conditions, including the
City of Ukiah
20-CDBG-12052
EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended on 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 12/15/2020
portion to be terminated and the effective date.
B. Noncompliance and Termination with Cause: The Department may terminate this Agreement for Grantee’s failure to comply with the terms and conditions of this Agreement. Terminations for material failure to comply with the Agreement terms and conditions must be reported by the Department to the appropriate federal program integrity and performance system accessible through the System for Award Management (SAM) as per 2 CFR 200.339(b).
1) The Department may initiate remedies for noncompliance as identified in 2 CFR 200.338 at any time it has been determined that the Grantee is no longer meeting the terms and conditions of this Agreement. Remedies for noncompliance may be required in addition to, in lieu of, or prior to termination.
2) Prior to terminating this Agreement for cause or noncompliance, the Department shall submit written notice specifying noncompliance and/or specifying the event or events that if not cured would constitute an event of default. The Department’s written notice shall identify remedies for cure.
Grantee shall have thirty (30) calendar days from receipt of notice to fully cure. This period may be extended at the Department’s discretion for a reasonable period of time if the Grantee is acting in good faith to cure the noncompliance or cause. Any extension of the cure period must be communicated in writing by the Department.
3) The Department’s remedies for Grantee’s noncompliance with a federal statute or regulation, a state statute or regulation, an assurance, in a State plan or application, a notice of award, or elsewhere may include, as appropriate:
a) Temporarily withhold cash payments pending correction of the deficiency by the Grantee.
b) Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the activity or action not in compliance. c) Wholly or partly suspend or terminate the current award for the Grantee’s program or project, as applicable.
City of Ukiah
20-CDBG-12052
EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended on 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 12/15/2020
d) Withhold further and/or future awards of CDBG funds. e) Request that HUD initiate federal suspension debarment proceedings.
f) Take other remedies that may be legally available, including, but not limited to:
(i) In the case of costs incurred without meeting a National Objective, require repayment of all funds reimbursed,
including General Administration, Activity Delivery, and any and all Program Income, as appropriate.
4) In taking an action to remedy noncompliance, the Department will provide the Grantee an opportunity for such hearing, appeal, or other administrative proceeding to which the Grantee is entitled under any statute or regulation applicable to the action involved as per 2 CFR 200.341.
C. Effects of Suspension and Termination: Grantee costs resulting from obligations incurred by the Grantee or any of the Grantee’s contractors, subrecipients, or subgrantees during a suspension or after termination of an Agreement are not allowable unless otherwise authorized by the Department in written notice or as allowable in 2 CFR 200.342. Termination and remedies for noncompliance identified in this Section do not preclude a Grantee or any of the Grantee’s contractors, subrecipients, or subgrantees from being subject to nonprocurement debarment and suspension requirements at 2 CFR 2424. CDBG funds may not be provided to excluded or disqualified persons pursuant to 24 CFR 570.489(l).
D. Remedies: All remedies of the Department hereunder are cumulative and not exclusive.
5. Severability
A. If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of the Department, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are, and shall be, deemed severable.
City of Ukiah
20-CDBG-12052
EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended on 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 12/15/2020
B. The Grantee shall notify the Department immediately of any claim or action undertaken by or against it which affects or may affect this Agreement or the Department, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of the Department.
6. Waivers
No waiver or any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of the Department to enforce, at any time, the provisions of this Agreement or to require, at any time, performance by the Grantee of these provisions shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of the Department to enforce these provisions.
7. Uniform Administrative Requirements
The Grantee, its agencies or instrumentalities, and Subgrantees shall comply with the policies, guidelines and Administrative Requirements of 2 CFR Part 200 et seq., as applicable, as they relate to the cost principles, audit requirements, acceptance and use of federal funds.
A. Single Audit Compliance: Funds will not be disbursed to any Grantee identified by the State Controller's Office (SCO) as non-compliant with the Federal Single Audit Act, as described in the Uniform Administrative Requirements, Cost Principles, And Audit Requirements for Federal Awards at 2 CFR 200 Sub-Part F. No funds may be disbursed until compliance with the Uniform Administrative Requirements is demonstrated to the satisfaction of the Department.
B. Accounting Standards: Grantee agrees to comply with, and administer the activity in conformance with, 2 CFR Part 200.300 et seq, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.
C. Suspension and Debarment: By executing this Agreement, Grantee verifies and affirms that it has not been suspended or debarred from participating in or receiving federal government contracts, subcontracts, loans, grants or other assistance programs.
City of Ukiah
20-CDBG-12052
EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended on 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 12/15/2020
8. Compliance with State and Federal Laws and Regulations A. Grantee, its agencies or instrumentalities, contractors, sub-grantees, and subrecipients shall comply with all local, state, and federal laws, statutes, and regulations, as well as policies and guidelines established by the Department for the administration of the CDBG program.
B. Grantee shall comply with the requirements of 24 CFR 570.480 et seq., the Housing and Urban Development (HUD) regulations concerning State administered Community Development Block Grants, 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Final Guidance, as adopted by HUD at 2 CFR 2400, Title II of the Cranston-Gonzales National Affordable Housing Act (42 U.S.C. § 12701 et seq.) and all federal regulations and policies issued pursuant to these regulations. The Grantee further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available.
9. Affirmatively Furthering Fair Housing
Grantee shall affirmatively further fair housing, in accordance with the Civil Rights Act of 1964 (42 U.S.C 2000a, et seq.), and the Fair Housing Act (42 U.S.C. 3601, et seq.), according to 42 U.S.C. 5306, et seq. and in compliance with California statute (Gov.
Code sections 65583, et seq.). Grantee shall comply with the Fair Housing Amendment Act of 1988 (Public Law 100-430).
10. Equal Opportunity Requirements and Responsibilities Grantee agrees that it undertakes hereby the same obligations to the Department that the Department has undertaken to HUD pursuant to the Department’s CDBG certifications. The obligations undertaken by Grantee include, but are not limited to, the obligation to comply with all applicable federal laws and regulations described in Subpart K of 24 CFR Part 570 and specifically with each of the following:
A. The Housing and Community Development Act of 1974 (Public Law 93-383) that authorized the CDBG program, as amended, and legislative changes contained in the Housing and Urban-Rural Recovery Act of 1983 that authorized the state administered CDBG program for non-entitlement communities, and the Architectural Barriers Act of 1968 (42 U.S.C. Section 4151) that requires publicly funded facilities be accessible to the public;
City of Ukiah
20-CDBG-12052
EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended on 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 12/15/2020
B. Title VI of the Civil Rights Act of 1964 (Public Law 88-352) prohibiting discrimination based on protected class, as amended, Title VIII of the Civil Rights Act of 1968 (Public Law 90-284) prohibiting discrimination in housing, as amended; the Civil Rights Restoration Act of 1987 (Public Law 100-259) requiring expanded compliance with civil rights laws for jurisdictions receiving federal funding; Section 104(d) regarding relocation and displacement and Section 109 of Title 1 of the Housing and Community Development Act of 1974 prohibiting discrimination in CDBG funded programs, as amended; Section 504 of the Rehabilitation Act of 1973 prohibiting recipients of federal funds from discrimination against persons with disability; the Americans With Disabilities Act of 1990 prohibiting all public discrimination against persons with disabilities; the Age Discrimination Act of 1975 prohibiting age-based discrimination in federally funded activities; Executive Order 11063 prohibiting discrimination in disposition of properties owned or financed with federal funds, as amended by Executive Order 12259; and Executive Order 11246 regarding fair employment, as amended by Executive Orders 11375, 11478 and 12086; and HUD regulations heretofore issued or to be issued to implement these authorities relating to civil rights;
C. The Equal Employment Opportunity Act of 1972 that created the Equal Employment Opportunity Commission, Equal Employment Opportunity and Affirmative Action requirement (EEO/AA); Grantee shall, in all solicitations or advertisements for employees placed by or on behalf of the Grantee, state that it is an Equal Opportunity or Affirmative Action employer.
11. Relocation, Displacement, and Acquisition
Grantee shall comply with the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, in 24 CFR Part 42, 49 CFR Part 24, and 42 U.S. §5304(d) as they apply to the performance of this Agreement. Grantee agrees to comply with 24 CFR 570.606 relating to the acquisition and disposition of all real property utilizing grant funds and to the displacement of persons, businesses, nonprofit organizations and farms occurring as a direct result of any acquisition of real property utilizing grant funds.
12. Section 3: Training, Employment and Contracting Compliance Grantee shall comply with Section 3 of the Housing and Urban Development Act of
City of Ukiah
20-CDBG-12052
EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended on 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 12/15/2020
1968 (12 U.S.C. 1701u), and implementing regulations at 24 CFR, Part 135. The responsibilities of the Grantee are outlined in 24 CFR 135.32 and include, but may not be necessarily limited to:
A. Implementing procedures designed to notify Section 3 eligible residents about training and employment opportunities generated by Section 3 covered assistance and Section 3 business concerns about contracting opportunities generated by Section 3 covered assistance.
B. Notifying potential contractors for Section 3 covered projects of the requirements of Part 135 and incorporating the Section 3 clause set forth in 24 CFR 135.38 in all solicitations and contracts in excess of $100,000.00.
C. Facilitating the training and employment of Section 3 residents and the award of contracts to Section 3 business concerns to reach the goals set forth in 24 CFR 135.30. Recipients, at their own discretion, may establish reasonable numeric goals for the training and employment of Section 3 residents and contract awards to additional Section 3 business concerns that exceed the goals specified in 24 CFR 135.30.
D. Assisting and actively cooperating with the Department in obtaining the compliance of contractors and subcontractors with the requirements of Part 135 and refraining from entering into any contract with any contractor where the recipient has notice or knowledge that the contractor has been found in violation of the regulations in 24 CFR Part 135.
E. Documenting actions taken to comply with the requirements of Part 135, the results of those actions taken and impediments, if any.
13. Environmental Compliance
A. Grantee shall comply with the California Environmental Quality Act (CEQA) (Pub.
Resources Code § 21000, et seq.) requirements as they apply to this project.
CEQA reviews and determinations are the responsibility of local agencies and shall be administered by the Grantee as applicable.
B. Grantee shall comply with the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251, et seq., as amended, and 33 U.S.C. § 1318 relating to inspection, monitoring, entry, reports, and information, and all regulations and
City of Ukiah
20-CDBG-12052
EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended on 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 12/15/2020
guidelines issued thereunder.
C. Grantee shall comply with the requirements of the Clean Air Act, as amended, 42 U.S.C. 7401, et seq.
D. Grantee shall comply with Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50 regarding air quality protections, as amended.
E. Grantee shall comply with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001). Grantee shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, that flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation).
F. Grantee shall comply with the requirements of the Residential Lead-Based Paint Hazard Reduction Act of 1992 and Section 401(b) of the Lead-Based Paint Poisoning Prevention Act of 1971. Grantee agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBGassisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of leadbased paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be required.
G. Grantee shall comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), the Archaeological and Historical Preservation Act of 1974 (Public Law 93-291), and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. Grantee shall also comply with federal Executive Order 11593 on the protection and enhancement of the cultural environment. In general, this requires concurrence from the State Historic
City of Ukiah
20-CDBG-12052
EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended on 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 12/15/2020
Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state, or local historic property list.
H. Grantee shall comply with all National Environmental Protection Act (NEPA) requirements as applicable to the performance of this Agreement as found in 24 CFR Part 50, 24 CFR Part 58, as applicable, and 40 CFR 1500 – 1508. Grantee shall not receive authority to incur activity costs until they have successfully documented compliance with the applicable NEPA requirements, including public noticing and publishing.
14. Procurement
The Grantee shall comply with the procurement provisions in 2 CFR Part 200.317 – 200.326, Procurement Standards, as well as all other Administrative Requirements for Grants and Cooperative Agreements to state, local and federally recognized Indian tribal governments as set forth in 2 CFR 200, et al, as applicable.
15. Procurement of Recovered Materials
A. Grantee and the Grantee’s contractors shall comply with Section 6002 of the Solid Waste Disposal Act of 1965, as amended by the Resource Conservation and Recovery Act. The Contractor shall procure items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, unless the Contractor determines that such items:
1) are not reasonably available in a reasonable period of time; 2) fail to meet reasonable performance standards, which shall be determined on the basis of the guidelines of the National Institute of Standards and Technology, if applicable to the item; or
3) are only available at an unreasonable price.
B. This clause shall apply to items purchased under this Agreement or subsequent contract where:
1) the Contractor purchases in excess of $10,000.00 of the item under this
City of Ukiah
20-CDBG-12052
EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended on 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 12/15/2020
Agreement; or
2) during the preceding federal fiscal year, the Contractor:
a) purchased any amount of the items for use under a contract that was funded with Federal appropriations and was with a Federal agency or a State agency or agency of a political subdivision of a State; and
b) purchased a total of in excess of $10,000.00 of the item both under and outside that contract.
16. Contracting and Labor Standards
A. Grantee shall comply with the Davis-Bacon Act (40 U.S.C. §§ 3141-3148) and 29 CFR Subtitle A, Parts 1, 3 and 5, as applicable, to construction, alteration, and repair contracts over $2,000.00.
B. Grantee shall ensure that all contracts comply with the Anti-Kickback Act of 1986 (41 U.S.C. §§ 51-58) that prohibits attempted as well as completed "kickbacks," which include any money, fees, commission, credit, gift, gratuity, thing of value, or compensation of any kind.
C. Grantee shall ensure all contracts comply with the Contract Work Hours and Safety Standards Act of 1962 (40 U.S.C. § 3702) which requires that workers receive overtime compensation at a rate of one and one-half (1-1/2) times their regular hourly wage after they have worked forty (40) hours in one week.
D. Grantee shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Department for review upon request.
17. Prevailing Wages
A. Where funds provided through this Agreement are used for construction work, or in support of construction work, the Grantee shall ensure that the requirements of California Labor Code, Chapter 1, commencing with Section 1720, Part 7 [California Labor Code Sections 1720-1743] (pertaining to the payment of prevailing wages and administered by the California Department of Industrial
City of Ukiah
20-CDBG-12052
EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended on 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 12/15/2020
Relations) are met.
B. Where funds provided through this Agreement are used for construction work or in support of construction work, the Grantee shall also ensure that the federal requirements of the Davis Bacon Act codified at 40 U.S.C. 3141, et seq. (as amended), pertaining to federal labor standards and compliance, are met and documented. Grantee recognizes that multiple labor standards (both state prevailing wage and federal Davis-Bacon Act) may apply to the project and both standards must be satisfied.
C. For the purposes of this requirement "construction work" includes, but is not limited to, rehabilitation, alteration, demolition, installation or repair done under contract and paid for, in whole or in part, through this Agreement. All construction work shall be done through the use of a written contract with a properly licensed building contractor incorporating these requirements (the "construction contract"). Where the construction contract will be between the Grantee and a licensed building contractor, the Grantee shall serve as the "awarding body" as that term is defined in the California Labor Code. Where the Grantee will provide funds to a third party that will enter into the construction contract with a licensed building contractor, the third party shall serve as the "awarding body." Prior to any disbursement of funds, including but not limited to release of any final retention payment, the Department may require a certification from the awarding body that prevailing wages have been or will be paid.
D. The applicable wage rate determination on construction work will be the more restrictive of the rate prescribed in the California Labor Code Sections 1770- 1784, or the Davis-Bacon Wage Determination.
18. Contractors and Subrecipients
A. Grantee shall comply with 24 CFR Part 2424 and shall not enter into any agreement, written or oral, with any contractor or subrecipient without the prior determination that the contractor or subrecipient is eligible to receive CDBG funds and is not listed on the Federal Consolidated List of Debarred, Suspended, and Ineligible Contractors.
B. Any agreement between the Grantee and any contractor or subrecipient shall include the terms and conditions in Appendix II of 2 CFR 200.
City of Ukiah
20-CDBG-12052
EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended on 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 12/15/2020
C. Grantee shall ensure that any contract or subrecipient agreement includes clauses requiring the maintenance of workers’ compensation insurance, as applicable, as well as general liability insurance. Contract or subrecipient agreements must require that the Grantee is notified in the event that any required insurance is canceled, expired, or otherwise invalidated during the performance period of the contract or subrecipient agreement.
D. Grantee shall require that contractors and subrecipients comply with the Drug-Free Workplace Act of 1988.
19. Requirements for Economic Development Activities
A. Public Benefit Standards for Economic Development Activities: Per 24 CFR 570.482 (e) (f), (g) and 570.483(b)(4), the Grantee must comply with federal underwriting standards and must meet the public benefit standards for all CDBG Economic Development activities under 42 U.S. §5305(a)(17). The use of public benefit standards is mandatory.
B. Anti-Job Pirating Certification: Pursuant to 24 CFR 570.482(h) CDBG funds may not be used to directly assist a business, including a business expansion, in the relocation of a plant, facility, or operation from one labor market area to another labor market area if the relocation is likely to result in a significant loss of jobs in the labor market area from which the relocation occurs. Job loss of more than 500 employees is always considered significant. Job loss of 25 or fewer positions is never considered significant.
20. Rights to Inventions Made Under a Contract or Agreement Grantee shall comply with and require the following in contracts and subrecipient agreements: If a Federal award meets the definition of “funding agreement” under 37 CFR 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of recipient or subrecipient must comply with requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,“ and any implementing regulation issued by the awarding agency.
City of Ukiah
20-CDBG-12052
EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended on 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 12/15/2020
21. Prohibition Against Payments of Bonus or Commission The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of:
A. Obtaining the Department's approval of the Application for such assistance or additional assistance; or,
B. Securing any other approval or concurrence of the Department required under this Agreement, Title I of the Housing and Community Development Act of 1974, or the State regulations or Program Guidelines with respect thereto; provided, however, that reasonable fees for bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs.
22. Reporting Requirements
A. Requirements: During the term of this Agreement, the Grantee must submit all CDBG program reports required by the Department, including quarterly activity, financial, and Program Income reports, semi-annual labor and compliance reports, annual performance reports, and other reports required by the Department or HUD. The Department reserves the right to request additional detail and support for any report made. Reports must be made according to the dates identified, unless otherwise specified at the discretion of the Department.
The Grantee's performance under this Agreement will be evaluated in part on whether it has submitted the reports on a timely basis.
B. Reporting Period: Grantee shall submit reports quarterly, and as required for semi-annual and annual reports, and shall continue to submit reports until such time that the activity is complete, a National Objective has been met and beneficiaries have been identified. The reporting period for this activity may extend beyond the Expenditure Deadline as defined in Exhibit A.
C. Final Reporting Deadline: Grantee shall complete all required reporting for this activity no later than five (5) years from the execution date of this Agreement as identified on the STD 213.
D. Asset Reporting: Grantee shall report annually on the status of all assets (real and personal property, equipment, and vehicles) purchased in whole or in part
City of Ukiah
20-CDBG-12052
EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended on 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 12/15/2020
with CDBG funds for no less than five years from the completion of the activity that generated the asset. Reporting shall continue until the property is disposed, fully depreciated, or, in the event of real property, the five-year commitment to a National Objective has been completed.
23. Fiscal Controls
Grantee shall be responsible for the internal control and monitoring of fiscal and programmatic/operational goals and procedures. The Grantee shall establish and maintain such fiscal controls and fund accounting procedures as required by federal regulations, or as may be deemed necessary by the Department to ensure the proper disbursal of, and accounting for, funds paid to the Grantee under this Agreement.
A. Deposit of Funds: Grantee shall maintain separate accounts within established bookkeeping systems for the deposit of CDBG funds. All cash advances must be deposited in an interest-bearing account; any interest earned in excess of $100.00 per year (which may be retained for related administrative expenses) must be returned at least quarterly to HUD via the Department. Deposits in minority banks are encouraged.
B. Fund Management: Grantee shall deposit funds in an account requiring two signatures for disbursement and shall submit to the Department specimen signatures for all authorized signatories prior to receipt of funds; C. Fiscal Liability: Grantee shall be liable for all amounts which are determined to be due by the Department including, but not limited to, disallowed costs which are the result of Grantee’s or its contractor’s conduct under this Agreement. Grantee shall be notified in writing and shall be permitted to respond regarding any controversy or proceeding between the Department and HUD arising from this Agreement.
D. Fiscal Records: All financial transactions must be supported by complete and verifiable source documents. Records shall provide a clear audit trail and shall be maintained as specified in Section 25 of this Agreement.
E. Program Income: Any and all Program Income received by Grantee during the administration of this Agreement must be receipted and deposited into a separate Program Income account. Program Income funds may not be comingled with CDBG grant funds in a single account.
City of Ukiah
20-CDBG-12052
EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended on 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 12/15/2020
24. Reversion of Assets
Upon expiration of this Agreement, Grantee shall transfer to the Department any CDBG funds, excluding Program Income, in Grantee’s control at the time of expiration. Further, any real property under Grantee’s control that was acquired and/or improved in whole or in part with CDBG funds (including CDBG funds provided to the Grantee in the form of a loan and Program Income) in excess of $25,000.00 shall be either:
A. Used to meet one of the National Objectives in 24 CFR Part 570 until five (5) years after expiration or closure of this Agreement, the length of time to be further prescribed by mutual agreement of the parties.
B. Disposed of in such manner that Grantee is reimbursed in the amount of the fair market value of the property at the time of disposition of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition and/or improvement of such property. The proceeds from such disposition is Program Income.
If the Grantee provides funds for the purchase or improvement of real property to a subrecipient that is a private non-profit organization, that subrecipient must further agree to a voluntary lien on above-referenced real property as to any CDBG funds received and that such lien will be notarized and recorded in the Office of the County Recorder where the real property is located.
25. Monitoring Requirements
The Department shall perform a program and/or fiscal monitoring of the CDBG grant no less than once during the thirty-six (36) month expenditure period of this Agreement.
The Grantee shall be required to resolve any monitoring findings to the Department's satisfaction by the deadlines set by the Department to maintain program eligibility.
Grantees and applicable subrecipients shall retain all books, records, accounts, documentation, and all other materials relevant to this Agreement for a minimum period of five (5) years after the Department notifies the Grantee that the HCD contract has been closed according to the record retention requirements at 2 CFR 200.333.
Grantees and applicable subrecipients shall permit the State, federal government, the state Bureau of State Audits, the Department, and/or their representatives, upon reasonable notice, unrestricted access to any or all books, records, accounts,
City of Ukiah
20-CDBG-12052
EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended on 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 12/15/2020
documentation, and all other materials relevant to this Agreement for the purpose of monitoring, auditing, or otherwise examining said materials.
26. Inspections of Grant Activity
The Department reserves the right to inspect any grant activity(ies) performed hereunder to verify that the grant activity(ies) is being and/or has been performed in accordance with the applicable federal, state and/or local requirements and this Agreement.
A. The Grantee shall inspect any grant activity performed by contractors and subrecipients hereunder to ensure that the grant activity(ies) is being and has been performed in accordance with the applicable federal, state and/or local requirements and this Agreement.
B. The Grantee agrees to require that all grant activity(ies) found by such inspections not to conform to the applicable requirements be corrected, and to withhold payment to its contractor or subcontractor, respectively, until it is so corrected.
27. Signs
If the Grantee places signs stating that the activity is funded with private or public dollars and the Department is also providing financing, it shall indicate in a typeface and size commensurate with the Department's funding portion of the project that the Department is a source of financing through the CDBG Program.
28. Insurance
The Grantee shall have and maintain in full force and effect prior to the start of work, and at all times during the term of this Agreement such forms of insurance, at such levels as may be determined by the Grantee and the Department to be necessary for specific components of the grant activity(ies) described in Exhibit E. Prior to the commencement of any work, Grantee shall provide to the Department acceptable proof(s) of insurance confirming the required insurance coverages are in effect and naming the Department as an additional insured, where applicable. No insurance policy may be cancellable on less than thirty (30) calendar days prior notice to the insured and the Department. Grantees are responsible for requiring sufficient insurance, including but not limited to liability and workers compensation insurance, from all contractors and