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/84232575010 Or you can call in using your telephone only:
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• Enter the Access Code: 842 3257 5010
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May 7, 2025 - 5:15 PM
1. ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. AB 2449 NOTIFICATIONS AND CONSIDERATIONS
4. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
4.a. Proclamation of the City of Ukiah Recognizing May as Asian American and Pacific Islander Heritage Month.
Recommended Action: Issue a proclamation of the Ukiah City Council recognizing May as Asian American and Pacific Islander Heritage Month.
Attachments:
1. Asian American Pacific Islander Heritage Month Proclamation
4.b. Proclamation Recognizing May 18th - 24th as Emergency Medical Services (EMS) Week in the City of Ukiah.
Recommended Action: Issue proclamation recognizing May 18th through the 24th as Emergency Medical Services (EMS) week in the City of Ukiah.
Attachments:
1. EMS Week Proclamation
4.c. Proclamation Recognizing May 11th – 17th as Police Week in the City of Ukiah.
Recommended Action: Issue Proclamation.
Attachments:
1. Police Week Proclamation
5. PETITIONS AND COMMUNICATIONS
6. APPROVAL OF MINUTES
6.a. Approval of the Minutes for the April 16, 2025, Special Meeting.
Recommended Action: Approve the Minutes for the April 16, 2025, Special Meeting.
Attachments:
1. Draft Minutes - Special Meeting
6.b. Approval of the Minutes for the April 16, 2025, Regular Meeting.
Recommended Action: Approve the Minutes for the April 16, 2025, Regular Meeting.
Attachments:
1. Draft Minutes - Regular Meeting
7. RIGHT TO APPEAL DECISION
Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged.
8. CONSENT CALENDAR
The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council.
Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations.
8.a. Report of Disbursements for the Month of March 2025.
Recommended Action: Approve the report of disbursements for the month of March 2025.
Attachments:
1. March 2025 Summary of Disbursements
2. Account Codes for Reference
3. Object Codes for Reference
4. March 2025 Disbursement Detail
8.b. Consideration of Adoption of Resolution Approving Record Destruction for Outdated Records from the Payroll Division, City Manager's Office, Electric Utility, and Fire Department.
Recommended Action: Adopt resolution authorizing the destruction of outdated records from the Payroll Division, City Manager's Office, Electric Utility, and Fire Department.
Attachments:
1. Proposed Resolution with Exhibit A
8.c. Annual Report on Mobilehome Park Stabilization Fees and Activities, Adoption of Resolution Updating Program Costs, and Approval to Waive Fees for the FY 2024-25.
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 2024-25, and authorize 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. 2025 Letter to Residents
4. Proposed Resolution - redline and clean
8.d. Notification of Purchase of Services from National Aquatic Services in the Amount of $60,590 for Installation of Municipal Pool Filters.
Recommended Action: Receive notification of Purchase of Services from National Aquatic Services in the amount of $60,590 for the installation of municipal pool filters.
Attachments:
1. Staff Report
2. Quote 6493 National Aquatic Services
3. PO 48814
8.e. Approval of Five (5) Year Agreement with Fishbowl Inventory for Inventory Maintenance and Warehouse Management Software for a Total of $82,071.59, and Approve Corresponding Budget Amendment.
Recommended Action: Approve a five (5) year agreement with Fishbowl Inventory for inventory maintenance and warehouse management software for a total of $82,025, and approve corresponding budget amendment.
Attachments:
1. City of Ukiah Proposal -- 5 years
8.f. Approve Plans and Specifications for Corporation Yard Monitoring Well Abandonment Project.
Recommended Action: Approve Plans and Specifications for Corporation Yard Monitoring Well Abandonment Project.
Attachments:
1. PLANS
2. DRAFT 2024 Bid Specifications for Environmental Well Abandonment
8.g. Approval of Financial Contribution in the Amount of $84,000 to the Inland Water and Power Commission for Consulting and Legal Services Related to the Potter Valley Project, and Approve Corresponding Budget Amendment.
Recommended Action: Approve a financial contribution in the amount of $84,000 to the Inland Water and Power Commission for consulting and legal services related to the Potter Valley Project, and approve the corresponding budget amendment.
Attachments:
1. IWPC Invoice PVP 4.2025 City of Ukiah
8.h. Consider Adoption of Resolution Approving the Grant of Funds from the State Coastal Conservancy for the Construction of Phase 4 of the Great Redwood Trail, and Approve Corresponding Budget Amendments.
Recommended Action: Adopt resolution approving the Grant of Funds from the State Coastal Conservancy for the construction of Phase 4 of the Great Redwood Trail, and approve the corresponding budget amendments.
Attachments:
1. G24-099_Final_GA
2. Resolution for Grant Funds DV Edit
8.i. Receive Annual Report Regarding the City of Ukiah's Electric Utility Wildfire Mitigation Plan in Response to Senate Bill 901.
Recommended Action: Receive annual report regarding the City of Ukiah's Electric Utility Wildfire Mitigation Plan in response to Senate Bill 901.
Attachments:
1. City of Ukiah's 2025 Wildfire Mitigation Plan - DRAFT-combined
2. City of Ukiah's 2025 Wildfire Mitigation Plan - Redline
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 (5:30 PM)
13. UNFINISHED BUSINESS
13.a. Status Report on Emergency Contract with Diamond D Construction, LLC for the Emergency Repair of the Western Hills Mudslide at the City Water Tank (Pressure Zone 1-North, or PZ1-N) and Request for Authorization to Continue Work Under This Emergency Contract.
Recommended Action: Receive report and approve the continued work on the emergency contract with Diamond D Construction for the emergency repair of the Western Hills mudslide at the City water tank PZ1-N.
Attachments:
1. Resolution 2025-08 - Emergency Procurement for Mudslide at PZ1
2. Diamond D Estimate for PZ1
3. Purchase Order for Diamond D Slide
4. Slide Pictures
13.b. Consider Resolution to Adopt an Initial Study, Mitigated Negative Declaration, and Mitigation and Monitoring Reporting Program for the Development of an Additional Municipal Well.
Recommended Action: Adopt a resolution to adopt an Initial Study, Mitigated Negative Declaration, and Mitigation and Monitoring Reporting Program for development of an additional municipal Well.
Attachments:
1. Final IS-MND - Ukiah New Municipal Well Project
2. Reso Adopt IS-MND and MMRP-Ukiah New Municipal Well
14. NEW BUSINESS
14.a. Authorize the City Manager to Negotiate and Execute a Purchase Agreement for One Parcel, APN 167-280-15, Located at 1 Carousel Lane, and Adopt Resolution Approving the Purchase of Real Property Located at 1 Carousel Lane for the City of Ukiah Corporation Yard; Find the Project Categorically Exempt from the California Environmental Quality Act Pursuant to CEQA Guidelines Section 15301 (Existing Facilities); and Approve Corresponding Budget Amendment.
Recommended Action: Authorize the City Manager to negotiate and execute a Purchase Agreement for one parcel, APN 167-280-15, located at 1 Carousel Lane, and adopt resolution approving the purchase of real property located at 1 Carousel Lane for the City of Ukiah Corporation Yard; find the project Categorically Exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15301 (Existing Facilities); and approve corresponding budget amendment.
Attachments:
1. Carousel PSA_fully executed
2. DRAFT NOE - 1 Carousel Lane
3. Resolution CEQA Exemption Carousel_050725
14.b. Discussion and Possible Action Regarding the Cancellation of August 6, 2025, and January 7, 2026, 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.
Recommended Action: Approve the cancellation of the August 6, 2025, and January 7, 2026, 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.
Attachments: None
14.c. Receive Updates on City Council Committee and Ad Hoc Assignments, and, if Necessary, Consider Modifications to Assignments and/or the Creation/Elimination of Ad Hoc(s).
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. 2025 City Council Special Assignments and Ad Hocs
15. CLOSED SESSION - CLOSED SESSION MAY BE HELD AT ANY TIME DURING THE MEETING
15.a. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(4))
Initiation of litigation (5 cases)
15.b. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018-70200
15.c. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort, Inc v. City of Ukiah, et al.; Case No. 24-cv-07106-JSC
15.d. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1))
Name of case: Russian River Keepers et al. v. City of Ukiah, Case No. SCUK-CVPT-20-74612
15.e. Conference Involving a Joint Powers Agency (Inland Water and Power Commission) City representative on IWPC Board (Mari Rodin)
Discussion will concern: (Conference with Real Property Negotiators (Gov’t Code §54956.8) Property: PG&E Potter Valley Project;
Agency Negotiators: Scott Shapiro, Janet Pauli.
Negotiating Parties: IWPC and PG&E
Under Negotiation: Price and Terms)
Recommended Action:
Attachments: None
15.f. Conference with Real Property Negotiators
(Cal. Gov’t Code Section 54956.8)
Property: APN No: 167-280-15-00
Negotiator: Shannon Riley, Deputy City Manager
Negotiation Party: AE Carousel, LP
Under Negotiation: Price & Terms of Payment
15.g. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 184-080-37;184-080-36; 184-090-01; 184-090-07; 184-090-06; 184-100-04 Negotiator: Sage Sangiacomo, City Manager
Negotiating Parties: Henry's Original
Under Negotiation: Price & Terms of Payment
15.h. Conference with Labor Negotiator (54957.6)
Agency Designated Representative: Sage Sangiacomo, City Manager Employee Organizations: All bargaining units
Unrepresented Employee: Police Chief
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.
Araceli Sandoval
Dated 5/2/25
Agenda Item No: 4.a.
MEETING DATE/TIME: 5/7/2025
ITEM NO: 2025-472
AGENDA SUMMARY REPORT
SUBJECT: Proclamation of the City of Ukiah Recognizing May as Asian American and Pacific Islander Heritage Month.
DEPARTMENT: City Manager /
Admin
PREPARED BY: Maria Ceja, Administrative Analyst
PRESENTER: Mayor Crane or Councilmember
ATTACHMENTS:
1. Asian American Pacific Islander Heritage Month Proclamation Summary: Ukiah City Council to issue a proclamation recognizing May as Asian American and Pacific Islander Heritage Month in the City of Ukiah.
Background: The City of Ukiah celebrates during the month of May, and honors Asian American and Pacific Islanders and their contribution to our community. In 2009, President Obama issued Presidential Proclamation 8369 proclaiming May as Asian American and Pacific Islander Heritage Month, and the City of Ukiah joins the celebrations, a legacy of leadership and resilience.
Discussion: The Ukiah City Council will issue a proclamation recognizing May as Asian American and Pacific Islander Heritage Month in the City of Ukiah (Attachment 1).
Recommended Action: Issue a proclamation of the Ukiah City Council recognizing May as Asian American and Pacific Islander Heritage Month.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
REVENUE: Yes / No GRANT: Yes / No
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Diversity and Equity Committee
STRATEGIC PLAN (SP):SP 5C - Create, sustain, and advance a diverse and inclusive workplace and workforce that reflects, values, and celebrates the diverse community we serve.
CLIMATE INITIATIVES (CI):
GENERAL PLAN ELEMENTS (GP):
May as “Asian American and Pacific Islander Heritage Month” in the City of Ukiah
Whereas, Asian American and Pacific Islander Heritage Month originated with a congressional bill introduced in June 1977. On March 28, 1979, President Carter issued Presidential Proclamation 4650, proclaiming the week beginning on May 4, 1979, as Asian/Pacific American Heritage Week; and
Whereas, On May 1, 2009, President Obama issued Presidential Proclamation 8369 proclaiming May 2009 as Asian American and Pacific Islander Heritage Month; and Whereas, generations of Asian American and Pacific Islanders from diverse backgrounds have served as inspirational leaders and trailblazers, contributing significantly to the cultural, economic, and civic life across the United States and California; and Whereas, the rich diversity of languages, religions, and cultural traditions of Asian Americans and Pacific Islanders is continuously fostered to strengthen the fabric of American society; and
Whereas, the 2025 theme for the observance of Asian American, Native Hawaiian and Pacific Islander Heritage Month is “A Legacy of Leadership and Resilience”; and Whereas, there are many ways to celebrate Asian American and Pacific Islander Heritage Month and we encourage employers, schools, and other community organizations in Ukiah to learn more about Asian American and Pacific Islander Heritage Month; and Whereas, we encourage our community to observe this month with meaningful programs and activities to celebrate Asian American and Pacific Islander Heritage Month to affirm Ukiah’s commitment to an inclusive community that increases our awareness, appreciation, and celebration of all people.
Therefore be it resolved, that the City Council of the City of Ukiah, hereby proclaims:
May as Asian American and Pacific Islander Heritage Month in the City of Ukiah
Signed and sealed, this 7th day of May in the year
Two Thousand and Twenty-Five.
____________________________
Douglas F. Crane, Mayor
Attachment 1
Agenda Item No: 4.b.
MEETING DATE/TIME: 5/7/2025
ITEM NO: 2025-466
AGENDA SUMMARY REPORT
SUBJECT: Proclamation Recognizing May 18th - 24th as Emergency Medical Services (EMS) Week in the City of Ukiah.
DEPARTMENT: Fire PREPARED BY: Doug Hutchison, Fire Chief PRESENTER: Doug Hutchison, Fire Chief/Paramedic
ATTACHMENTS:
1. EMS Week Proclamation
Summary: Council will proclaim May 18th-24th as Emergency Medical Services (EMS) Week.
Background: President Gerald Ford first established EMS Week in 1974 to recognize the role EMS plays in the delivery of pre-hospital emergency medical services to communities across the United States.
Discussion: 2025 will mark the 51st anniversary of EMS Week to recognize the importance of this vital service to communities and honor those who provide these critical services throughout the year. The theme for this year's EMS Week is "We Care. For Everyone."
Recommended Action: Issue proclamation recognizing May 18th through the 24th as Emergency Medical Services (EMS) week in the City of Ukiah.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
REVENUE: Yes / No x GRANT: No
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A
STRATEGIC PLAN (SP): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A
May 18 – 24, 2025, as Emergency Medical Service Week in the City of Ukiah Whereas, emergency medical services is a vital public service; and Whereas, the members of emergency medical services teams are ready to provide life-saving care to those in need 24 hours a day, seven days a week; and Whereas, access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and Whereas, emergency medical services fills healthcare gaps by providing important, out-ofhospital care, including preventative medicine, follow-up care, and access to telemedicine; and
Whereas, the emergency medical services system consists of first responders, emergency medical technicians, paramedics, emergency medical dispatchers, firefighters, police officers, educators, administrators, pre-hospital nurses, emergency nurses, emergency physicians, trained members of the public, and other out of hospital medical care providers; and
Whereas, the members of emergency medical services teams, whether career or volunteer, engage in thousands of hours of specialized training and continuing education to enhance their life-saving skills; and
Whereas, the 51st anniversary of EMS Week theme is “We Care. For Everyone;” and Whereas, we encourage the community to observe this week with appropriate programs, ceremonies, and activities in honor of the EMS profession and the essential service it provides; and
Whereas, it is appropriate to recognize the value and the accomplishments of emergency medical services providers by designating Emergency Medical Services Week.
Therefore be it resolved, that the City Council of the City of Ukiah hereby proclaims the week of May 18-24, 2025, as
Emergency Medical Services Week
Signed and sealed, this 7th day of May in the year
Two Thousand and Twenty-Five.
____________________________
Douglas F. Crane, Mayor
Attachment 1
Agenda Item No: 4.c.
MEETING DATE/TIME: 5/7/2025
ITEM NO: 2025-448
AGENDA SUMMARY REPORT
SUBJECT: Proclamation Recognizing May 11th – 17th as Police Week in the City of Ukiah.
DEPARTMENT: Police PREPARED BY: Tom Corning, Police Chief PRESENTER: Mayor Crane or Councilmember
ATTACHMENTS:
1. Police Week Proclamation
Summary: The City Council will consider issuing a proclamation recognizing May 11th through the 17th as Police Week in the City of Ukiah.
Background: In 1962, President John F. Kennedy signed a bill into law designating May 15th of each year as Peace Officers’ Memorial Day, and the week in which it falls as Police Week. Each year during Police Week, communities across the United States hold memorial services in tribute to the more than 24,000 law enforcement officers who have made the supreme sacrifice for their communities.
There are currently 24,412 names engraved on the walls of the National Law Enforcement Officers Memorial in Washington D.C., including the names of local law enforcement officers killed in the line of duty. There were 148 law enforcement officers killed in the United States in 2024, and thus far, in 2025, twenty-three officers have lost their lives while serving their communities (as of April 28, 2025).
Discussion: Currently more than 800,000 law enforcement officers proudly serve their communities across the nation, including the dedicated officers of the Ukiah Police Department.
To honor fallen officers who were killed in the line of duty, in-person events are planned for May 11-17, 2025, in Washington, DC, and the 37th annual Candlelight Vigil will be held on May 13th in Washington DC. The City of Ukiah Building Maintenance has arranged for the exterior of the City of Ukiah Civic Center to be accented in blue lighting throughout the week in commemoration of Police Week. The color blue has long been associated with those charged with maintaining order during unrest.
As May 15th is designated as Peace Officers’ Memorial Day in recognition of the fallen officers and their families, U.S. flags should be flown at half-staff. The proclamation recognizing May 11th through May 17th as Police Week in Ukiah is attached.
Recommended Action: Issue Proclamation.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
REVENUE: No GRANT: No
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A
STRATEGIC PLAN (SP): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): GP-A6 - Safety Element
May 11-17, 2025, as Police Week in the City of Ukiah
Whereas, in 1962 President John F. Kennedy signed a bill into law designating May 15th of each year as Peace Officers’ Memorial Day, and the week in which it falls as Police Week; and
Whereas, each year during Police Week, communities across the United States hold memorial services in tribute to the more than 24,000 law enforcement officers who have made the supreme sacrifice for their communities; and
Whereas, there are currently more than 800,000 law enforcement officers proudly serving their communities across the nation, including the dedicated officers of the Ukiah Police Department and in Mendocino County; and
Whereas, there are currently 24,412 names engraved on the walls of the National Law Enforcement Officers Memorial in Washington DC, including the names of local law enforcement officers killed in the line of duty; and
Whereas, there were 148 law enforcement officers killed in the United States in 2024, and in 2025 thus far 23 officers have lost their lives while serving their communities; and Whereas, this year the ceremonies during Police Week to honor those fallen officers whose names that have been recently added to the Memorial will include the 37th Annual Candlelight Vigil on Tuesday May 13th; and
Whereas, in-person events are planned for May 11-17, 2025, in Washington, DC to offer the same respect, honor, remembrance, and community support as National Police Week, while allowing law enforcement, survivors, and citizens to gather and pay tribute to those who gave their lives in the line of duty; and
Whereas, the City of Ukiah Building Maintenance Department has arranged for the exterior of the City of Ukiah Civic Center to be accented in blue lighting throughout the week in commemoration of Police Week, as the color blue has been long associated with those charged with maintaining order during unrest; and Whereas, May 15th is designated as Peace Officers’ Memorial Day in recognition of the fallen officers and their families, and U.S. flags should be flown at half-staff.
Therefore be it resolved, that the City Council of the City of Ukiah hereby proclaims the week of May 11th through May 17th, 2025, as:
Police Week in the City of Ukiah
Signed and sealed, this 7th day of May in the year
Two Thousand and Twenty-Five.
____________________________
Douglas F. Crane, Mayor
Attachment 1
AGENDA ITEM 6a
CITY OF UKIAH
CITY COUNCIL MINUTES
Special Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue, Ukiah, CA 95482
Virtual Meeting Link: https://us06web.zoom.us/j/85055255927 April 16, 2025
3:30 p.m.
1. ROLL CALL AND PLEDGE OF ALLEGIANCE
Ukiah City Council met at a Special Meeting on April 16, 2025, having been legally noticed on April 11, 2025. The meeting was held in person and virtually at the following link:
https://us06web.zoom.us/j/85055255927. Mayor Crane called the meeting to order at 3:33 p.m. Roll was taken with the following Councilmembers Present: Mari Rodin, Heather Criss, Juan V. Orozco, Susan Sher, and Douglas, F. Crane. Staff Present: Sage Sangiacomo, City Manager; and Kristine Lawler, City Clerk.
MAYOR CRANE PRESIDING.
The Pledge of Allegiance was led by Vice Mayor Sher.
2. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
Clerk noted that no public members were present both online and in the chamber.
3. BUDGET WORKSHOP
a. Mid-Year Departmental Budget and Objectives Progress Review for Fiscal Year 2024-25, Review of Draft Objectives, and Review of Individual Departmental Five-Year Capital Improvement Plan Updates for Fiscal Year 2025-26.
Presenters: Sage Sangiacomo, City Manager and Dan Buffalo, Finance Director.
No public comment was received.
Ukiah Valley Fire Authority – Doug Hutchison, Fire Chief; Also Present – Eric Singleton, Battalion Chief (3:38 p.m.)
Police – Cedric Crook, Police Chief and Tom Corning, Police Captain; Jason Chapman, Police Lieutenant (3:45 p.m.)
Human Resources, Risk Management & Payroll – Sheri Mannion, Human Resources/Risk Management Director (4:09 p.m.)
b. Review and Update, if Warranted, the Ukiah City Council Strategic Plan.
Presenter: Traci Boyl, Senior Management Analyst.
No public comment was received.
Council Consensus for edits to be made to the Ukiah City Council Strategic Plan.
4. ADJOURNMENT
There being no further business, the meeting adjourned at 4:58 p.m. ________________________________
Kristine Lawler, City Clerk
AGENDA ITEM 6b
CITY OF UKIAH
CITY COUNCIL MINUTES
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue, Ukiah, CA 95482
Virtual Meeting Link: https://us06web.zoom.us/j/84964463874 April 16, 2025
5:15 p.m.
1. ROLL CALL
Ukiah City Council met at a Regular Meeting on April 16, 2025, having been legally noticed on April 11, 2025. The meeting was held in person and virtually at the following link:
https://us06web.zoom.us/j/84964463874. Mayor Crane called the meeting to order at 5:23 p.m. Roll was taken with the following Councilmembers Present: Mari Rodin, Heather Criss, Juan V. Orozco, Susan Sher, and Douglas, F. Crane. Staff Present: Sage Sangiacomo, City Manager; David Rapport, City Attorney; and Kristine Lawler, City Clerk.
MAYOR CRANE PRESIDING.
2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Crane.
3. AB 2449 NOTIFICATIONS AND CONSIDERATIONS
4. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a. Proclamation Recognizing April as Arts, Culture, and Creativity Month.
Presenter: Councilmember Criss.
No public comment was received.
Proclamation was received Alyssum Wier.
b. Recognition of Eileen Mitro for her "Assembly District 2 Woman of the Year" Award Received from State Assemblyman Chris Rogers.
Presenters: Councilmember Rodin and Vice Mayor Sher.
No public comment was received.
Recognition was received by Eileen Mitro.
b. Introduction, Oath of Office, and Badge Pinning Ceremony for Incoming Police Chief, Thomas Corning.
Presenters: Sage Sangiacomo, City Manager and Cedric Crook, Police Chief.
Public Comment: Chief Jason Ferguson
Outgoing Chief Crook administered oath of office to incoming Chief Corning. Chief Corning’s wife Brooke Corning and kids, pinned the police badge.
City Council Minutes for April 16, 2025, Continued:
RECESS: 5:46 – 5:55 P.M.
5. PETITIONS AND COMMUNICATIONS
City Clerk, Kristine Lawler, stated that all communications had been distributed.
6. APPROVAL OF MINUTES
a. Approval of the Minutes for the April 2, 2025, Special Meeting. b. Approval of the Minutes for the April 2, 2025, Regular Meeting.
Motion/Second: Orozco/Rodin to approve the Special and Regular meeting minutes of April 2, 2025, as submitted. Motion carried by the following roll call votes: AYES: Rodin, Criss, Orozco, Sher, and Crane. NOES: None. ABSENT: None. ABSTAIN: None.
7. RIGHT TO APPEAL DECISION
8. CONSENT CALENDAR
a. Consider Adoption of a Resolution Authorizing the Exception to the 180-Day Waiting Period, and Authorizing the City's Retired Fire-Fuels Crew Superintendent to Work as Interim FireFuels Crew Superintendent in Accordance with Government Code Sections 7522.56 & 21221(h) – Human Resources/Risk Management – Pulled and placed as Agenda Item 14d. b. Consideration of Adoption of Resolution (2025-14) Approving Record Destruction for Outdated Records from the City Clerk's Office – City Clerk.
c. Request for Budget Amendment in the Amount of up to $100,000 to Cover the Cost of an Emergent Replacement of the Municipal Pool Filters – Community Services.
Motion/Second: Orozco/Sher to approve Consent Calendar Items 8b-8c, as submitted. Motion carried by the following roll call votes: AYES: Rodin, Criss, Orozco, Sher, and Crane. NOES: None.
ABSENT: None. ABSTAIN: None.
9. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
Public Comment: Greg Hubbs (gave handout), Emma Goldman (bomber), and Charles Watt
10. COUNCIL REPORTS
No Council reports were received.
11. CITY MANAGER/CITY CLERK REPORTS
City Manager Sangiacomo stated that in consideration of public members who were present for other items of business, that he would forego the City Manager reports; however, if Council or a member of the public have questions regarding City projects, they can contact the City Manager’s office.
12. PUBLIC HEARINGS (5:30 PM)
13. UNFINISHED BUSINESS
a. Adopt Resolution Affirming that the Proclamation of a Local Emergency Due to Ongoing Atmospheric Rivers Causing Damaging to Public Infrastructure Remains in Effect.
Presenter: Traci Boyl, Senior Management Analyst.
No public comment was received.
City Council Minutes for April 16, 2025, Continued:
Motion/Second: Crane/Orozco to adopt Resolution (2025-15) amending Resolution 2025-07, "Ratifying the Proclamation of a Local Emergency Due to Ongoing Atmospheric Rivers Causing Damaging to Public Infrastructure," and affirming that the local emergency remains in effect. Motion carried by the following roll call votes: AYES: Rodin, Criss, Orozco, Sher, and Crane. NOES: None.
ABSENT: None. ABSTAIN: None.
b. Status Report on Emergency Contract with Diamond D Construction, LLC for the Emergency Repair of the Western Hills Mudslide at the City Water Tank (Pressure Zone 1- North, or PZ1-N) and Request for Authorization to Continue Work Under This Emergency Contract.
Presenter: Sage Sangiacomo, City Manager.
No public comment was received.
Motion/Second: Crane/Criss to receive report and approve the continued work on the emergency contract (PO 48757) with Diamond D Construction for the emergency repair of the Western Hills mudslide at the City water tank PZI-N. Motion carried by the following roll call votes: AYES: Rodin, Criss, Orozco, Sher, and Crane. NOES: None. ABSENT: None. ABSTAIN: None.
14. NEW BUSINESS
a. Consider Providing Staff Direction to Prepare Applications for Reorganization and Sphere of Influence Update, to Prezone Those Areas Subject to the Reorganization and Make Relevant Amendments to the 2040 General Plan, and to Conduct Any Required Analyses, Including Any Analyses Required by CEQA, in Support of the Applications, Prezoning, and General Plan Amendments, and to Bring These Documents to the Council for Consideration.
Presenters: Phillip Williams, Special Counsel; Craig Schlatter, Community Development Director; and Shannon Riley, Deputy City Manager.
Public Comment: Katrina Bartolomei; Kerri Vau; Steven Johnson; Ross Liberty; Dick Seltzer; John Strangio; Bode Gower; Natalie Vau; Candace Horsely, Ukiah Valley Sanitation District; Adam Gaska, Mendocino County Farm Bureau; Maureen Phillips; Pinky Kushner; Devon Boer; and Charles Vau.
Council Consensus to hear additional public comment.
Public Comment: Katrina Bartolomei, Charles Vaught, Kerri Vau, Maureen Phillips, Motion/Second: Rodin/Sher to direct Staff to prepare applications for reorganization and sphere of influence update, to make relevant amendments to the 2040 General Plan, to prezone those areas subject to the reorganization and to conduct any required analyses, including any analyses required by CEQA, in support of the applications, General Plan Amendment, prezoning, and to bring these documents to the Council for consideration. Motion carried by the following roll call votes: AYES:
Rodin, Criss, Orozco, Sher, and Crane. NOES: None. ABSENT: None. ABSTAIN: None.
RECESS: 8:42 – 8:50 P.M.
b. Consideration of Authorization for Mayor to Sign City of Ukiah Comment Letter Pertaining to 2025 Fire Hazard Severity Zone Maps Released by the Office of the State Fire Marshal and the California Department of Forestry and Fire Protection.
Presenter: Craig Schlatter, Community Development Director.
No public comment was received.
City Council Minutes for April 16, 2025, Continued:
Motion/Second: Rodin/Criss to authorize the Mayor to sign the City of Ukiah comment letter pertaining to the 2025 Fire Hazard Severity Zones released by the Office of the State Fire Marshal and the California Department of Forestry and Fire Protection and for ad hoc to meet again to discuss rules. Motion carried by the following roll call votes: AYES: Rodin, Criss, Orozco, Sher, and Crane.
NOES: None. ABSENT: None. ABSTAIN: None.
c. Receive Updates on City Council Committee and Ad Hoc Assignments and, if Necessary, Consider Modifications to Assignments and/or the Creation/Elimination of Ad hoc(s).
Presenter: Councilmember Criss.
Report was received.
d. Consider Adoption of a Resolution Authorizing the Exception to the 180-Day Waiting Period, and Authorizing the City's Retired Fire-Fuels Crew Superintendent to Work as Interim Fire-Fuels Crew Superintendent in Accordance with Government Code Sections 7522.56 & 21221(h) – From Consent Calendar Item 8a.
Presenter: Sheri Mannion, Human Resources Director/Risk Manager and Eric Singleton, Battalion Chief.
Motion/Second: Sher/Criss to:
1. Approve the hiring of retired annuitant, David "Dave" Sentak, on April 21, 2025, as Interim Fire-Fuels Crew Superintendent under Government Code 7522.58 & 21221(h) and approve the associated Resolution.
2. Authorize the City Manager to execute the necessary employment agreement (Exhibit A of Resolution ((2025-16) ensuring compliance with CalPERS requirements and the 960-hour annual limit for retired annuitants.
3. Direct Staff to open and conduct a recruitment for a permanent Fire-Fuels Crew Superintendent, making all reasonable efforts to fill the position with a qualified applicant during Dave's tenure.
Motion carried by the following roll call votes: AYES: Rodin, Criss, Orozco, Sher, and Crane. NOES:
None. ABSENT: None. ABSTAIN: None.
THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 9:16 P.M.
15. CLOSED SESSION
a. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(4))
Initiation of litigation (5 cases)
b. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018- 70200
c. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort, Inc v. City of Ukiah, et al.; Case No. 24-cv-07106-JSC
City Council Minutes for April 16, 2025, Continued:
d. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Russian River Keepers et al. v. City of Ukiah, Case No. SCUK-CVPT-20- 74612
e. Conference Involving a Joint Powers Agency (Inland Water and Power Commission) City representative on IWPC Board (Mari Rodin)
Discussion will concern: (Conference with Real Property Negotiators (Gov’t Code §54956.8) Property: PG&E Potter Valley Project;
Agency Negotiators: Scott Shapiro, Janet Pauli.
Negotiating Parties: IWPC and PG&E
Under Negotiation: Price and Terms)
f. Conference with Real Property Negotiators
(Cal. Gov’t Code Section 54956.8)
Property: APN No: 167-280-15-00
Negotiator: Shannon Riley, Deputy City Manager
Negotiation Party: AE Carousel, LP
Under Negotiation: Price & Terms of Payment
g. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 184-080-37;184-080-36; 184-090-01; 184-090-07; 184-090-06; 184-100- 04 Negotiator: Sage Sangiacomo, City Manager
Negotiating Parties: Henry's Original
Under Negotiation: Price & Terms of Payment
h. Conference with Labor Negotiator (54957.6)
Agency Designated Representative: Sage Sangiacomo, City Manager Employee Organizations: All bargaining units
Unrepresented Employee: Police Chief
No action reported; direction provided to Staff.
16. ADJOURNMENT
There being no further business, the meeting adjourned at 9:45 p.m. ________________________________
Kristine Lawler, City Clerk
Agenda Item No: 8.a.
MEETING DATE/TIME: 5/7/2025
ITEM NO: 2022-1479
AGENDA SUMMARY REPORT
SUBJECT: Report of Disbursements for the Month of March 2025.
DEPARTMENT: Finance PREPARED BY: MaryJo Reynolds
PRESENTER: Consent Calendar
ATTACHMENTS:
1. March 2025 Summary of Disbursements
2. Account Codes for Reference
3. Object Codes for Reference
4. March 2025 Disbursement Detail
5. Correspondence Received - UkiahWhistleblower
Summary: The Council will review and consider approval of the report of disbursements for the month of March 2025.
Background: Payments made during the month of March 2025 are summarized in the Report of Disbursements. Further details are supplied on the Schedule of Bills, representing the four (4) individual payment cycles within the month.
Accounts Payable Check Numbers (City & UVFA): 3061708-3061785; 3061786-3061870; 3061871-3061973; 3061974-3062059
Accounts Payable Wire Transfers: 133-137
Payroll Check Numbers: 517244-517340; 517341-517419
Payroll Manual Check Numbers: 517244
Direct Deposit Numbers:134987-135334; 135335-135667
Manual Direct Deposit Numbers: NA
Void Check Numbers: 517055, 3060855,3061844,3061839, 3061798, 3061832, 3061848, 3061862, 3061864, 3061819, 3061789, 3061828, 3061941, 3061804, 3061838
Void Direct Deposit Numbers: N/A
Discussion: This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1.
Attachment #1: March 2025 Summary of Disbursements
Attachment #2: Account Codes for Reference
Attachment #3: Object Codes for Reference
Attachment #4: March 2025 Disbursement Detail
Recommended Action: Approve the report of disbursements for the month of March 2025.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
REVENUE: N/A GRANT: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A
STRATEGIC PLAN (SP): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A
Attachment 1
FUNDS:
100 General Fund $783,494.53 700 Sanitary Disposal Site Fund $44,410.77 101 GF-(Sub-Fund) Visit Ukiah $499.85 701 Landfill Corrective Fund 105 GF-(Sub-Fund) Fire Authority $150,103.82 702 Disposal Closure Reserve Fund 106 USDA Forest Serv CWDG $17,227.73 704 Post Closure Fund - Solid Waste 110 Special General Fund $4,084.14 710 Ambulance Services Fund $35,696.35 120 Streets Capital Improvement $217,086.30 720 Golf Fund $2,226.96 130 Gov'tl Debt SVC/Reserve Fund $2,210,518.96 730 Confernence Center Fund $8,560.36 131 Debt Service Reserve 2022 LRB $2,382,981.25 750 Visit Ukiah 200 City Adminstrative Services $66,732.32 777 Airport Fund $72,223.00 201 Worker's Comp Fund 778 Airport Capital Improvement Fund $7,187.50 202 Liability Fund 779 Special Aviation Fund
203 Garage Fund $20,050.31 800 Electric Fund $763,281.17 204 Purchasing Fund $1,158.02 801 Electric Capital Reserve Fund $100,641.10 205 Billing & Collections Fund $32,307.10 803 Lake Mendocino Bond Reserve 206 Public Safety Dispatch Fund $3,437.23 805 Street Lighting Fund $9,145.70 207 Payroll Posting Fund $409,677.40 806 Public Benefits Fund $41,940.25 208 Building Maintenance/Corp Yard Fund $195,483.21 807 Cap and Trade 209 IT Fund $27,595.86 820 Water Fund $208,686.35
220 Equipment Reserve Fund 821 Water Capital Reserve Fund $1,000,837.45 249 City Housing Bond Proceeds 822 Water Capital Improvement Fund $142,659.38 250 Special Revenue Fund 830 Recycled Water Fund $627,987.19 251 Special Projects Reserve Fund 840 City/District Sewer Fund $247,291.25 252 Streets/ROW Improvement Fund $328,673.78 841 Sewer Contruction Fund 253 CITY PROP 172 843 Sewer Capital Fund
300 Park Development Fund 900 Special Deposit Trust $1,260.57 301 Anton Stadium Fund 901 General Service (Accts Recv) $1,500.00 302 Observatory Park Fund 902 U.S.W. Billing & Collection $70,521.76 303 Playground & Park Amenities Fund 903 Public Safety - AB 109 $0.00 304 Swimming Pool Fund 905 Federal Emergency Shelter Grant 305 Riverside Park Fund 905 Mendocino Emergency Service Authority 306 Skate Park Fund 911 Russian River Watershed Association 308 Opioid Settlement Fund 915 UVFD
310 Museum Grants $0.00 916 UVFD PROP 172
311 Alex Rorbaugh Recreation Center Fund $8,587.73 917 UVFD Measure B 312 Downtown Business Improvement Fund 918 UVFD Mitigation 313 LMIHF Housing Asset Fund $455,000.00 920 MSWMA Operations $96,993.86 314 Winter Special Events 922 Millview County Water District $110,880.55 315 Advanced Planning Fund 923 Milview Capital Charge $10,029.15 316 SPECIAL RECREATION EVENTS 927 Redwood Valley Water District $187,801.25 500 2106 Gas Tax Fund $9,500.00 932 Willow Water District Operations $1,135.12 501 2107 Gas Tax Fund 940 Sanitation District Special Fund 503 2105 Gas Tax Fund 942 Rate Stabilization - UVSD Fund 505 Signalization Fund 943 Sanitation District Capital Improvement Fund 506 Bridge Fund 952 REDIP Sewer Enterprise Fund
507 1998 STIP Augmentation Fund 960 Community Redevelopment Agency 508 SB325 Reimbursement Fund $23,302.50 961 RDA Housing Pass-Through 509 S.T.P. Fund 962 Redevelopment Housing Fund
510 Trans-Traffic Congest Relief Fund 963 Housing Debt
511 Rail Trail Fund $881.25 964 RDA Capital Pass-Through 600 Community Development Block Grant 965 Redevelopment Capital Improvement Fund 601 EDBG 94-333 Revolving Loan 966 Redevelopment Debt Service 602 Community Development Fund 967 Housing Bond Proceeds 603 08-HOME-4688 968 Non-Housing Bond Proceeds
604 CDBG Grant 09-STBG-6417 969 RDA Obligation Retirement Fund 605 11-HOME-7654 Fund $0.00 844/944 Sewer Capital Projects Fund $105,901.57 606 CDBG Grant 10-EDEF-7261
607 Prop 84 Grant Fund
609 13-CDBG-8940
610 City RDA Projects Fund
613 Home Program Activities
620 CASP Train
630 Asset Seizure Fund Retainage Withheld $96,973.04
631 Asset Seizure Fund (Drug/Alcohol) 611 CDBG 16-CDBG-11147 633 H & S Education 11489(B)(2)(A1)
634 Federal Asset Seizure Grants
635 SUP Law Enforcement Service Fund
636 CBTHP Officer
637 Local Law Enforcement Block Grant
638 Asset Forfeiture 11470.2 H & S
639 Special Revenue - Police
640 Parking District Fund $555.64
670 Federal American Rescue Fund
691 Museum Fund
695 Transfer Station Fund
696 Solid Waste Mitigation Fund $604.83
PAYROLL CHECK NUMBERS: 517244-517340
DIRECT DEPOSIT NUMBERS: 134987-135334
PAYROLL PERIOD: 02/1625-03/01/25
PAYROLL CHECK NUMBERS: 517341-517419 TOTAL DEMAND PAYMENTS- A/P CHECKS $11,345,315.41 DIRECT DEPOSIT NUMBERS: 135335-135667 TOTAL DEMAND PAYMENTS- EFT's $0.00 PAYROLL PERIOD: 03/02/25-03/15/25 TOTAL PAYROLL CHECKS & DIRECT DEPOSITS $1,521,082.89 PAYROLL CHECK NUMBERS: TOTAL PAYROLL EFT's (TAXES, PERS, VENDORS) $843,827.04 DIRECT DEPOST NUMBERS: * vendor name( if applicable)
PAYROLL PERIOD:
VOID CHECK NUMBERS:
517055, 3060855, 3061844, 3061839,
3061798, 361832, 3061848, 3061862,
3061864, 3061819, 3061789, 3061828
3061941, 3061804, 3061838
TOTAL PAYMENTS $13,710,225.34
NA
WIRE TRANSFER NUMBERS:
133,134,135,136,137
CERTIFICATION OF CITY CLERK
This register of Payroll and Demand Payments was duly approved by the City Council on ____________________.
City Clerk
APPROVAL OF CITY MANAGER CERTIFICATION OF DIRECTOR OF FINANCE I have examined this Register and approve same. I have audited this Register and approve for accuracy and available funds.
____________________________________________ ________________________________________________ City Manager Director of Finance
MANUAL CHECK NUMBERS:
CITY OF UKIAH
REPORT OF DISBURSEMENTS
REGISTER OF PAYROLL AND DEMAND PAYMENTS
FOR THE MONTH OF MARCH 2025
Account Code Summary Attachment 2
10000000 GENERAL FUND 20012300 COMMUNITY OUTREACH/PUBLIC INFO 10017200 SUCCESSOR AGENCY 20012500 CITY CLERK
10020000 POLICE - GEN FUND 20012600 ECONOMIC DEVELOPMENT 10020210 POLICE PATROL 20012800 EMERGENCY MANAGEMENT
10020214 POLICE VOLUNTEERS 20013210 ACCOUNTS PAYABLE
10020216 COPS GRANT 20013220 PAYROLL
10020217 POLICE ANIMAL CONTROL 20013400 ACCOUNTING
10020218 POLICE CSO 20013401 BUDGET MANAGEMENT
10020220 CODE ENFORCEMENT 20014000 CITY ATTORNEY
10020224 MAJOR CRIMES TASK FORCE 20015100 CITY TREASURER 10021210 CITY FIRE 20016100 HUMAN RESOURCES
10022100 PARKS 20023510 HOUSING GRANTS
10022300 AQUATICS 20023520 NON-HOUSING GRANTS
10022700 MUSEUM - GEN FUND 20100000 WORKER'S COMP FUND
10022810 RECREATION ADMINISTRATION 20116220 WORKERS COMPENSATION 10022821 ADULT BASKETBALL 20200000 LIABILITY FUND
10022822 ADULT SOFTBALL 20216200 RISK MANAGEMENT
10022824 CO-ED VOLLEYBALL 20300000 GARAGE FUND
10022831 YOUTH BASKETBALL 20324100 GARAGE
10022832 YOUTH SOFTBALL 20324110 FLEET MAINTENANCE
10022840 DAY CAMP 20400000 PURCHASING FUND
10022850 CLASSES & CLINICS 20413500 PURCHASING
10022860 SPECIAL ACTIVITIES 20413510 CAPITAL ASSET MANAGEMENT 10022900 COMM SVCS SPECIAL SERVICES 20413520 GRANTS AND SPECIAL PROJECTS 10023100 PLANNING SERVICES 20414000 LEGAL SERVICES/EXPENSES 10023110 CURRENT PLANNING 20500000 BILLING AND COLLECTION FUND 10023300 BUILDING INSPECTION 20513300 UTILITY BILLING
10023320 BUILDING INSPECTION 20513380 METERING-ELECTRIC 10023411 CDBG GENERAL ADMIN 20513382 METERING-WATER
10024200 ENGINEERING/STREETS 20600000 PUBLIC SAFETY DISPATCH FUND 10024210 ENGINEERING 20620231 POLICE UKIAH DISPATCH
10024214 TRAFFIC SIGNAL OPERATIONS 20620232 POLICE FT BRAGG DISPATCH 10024224 STORM WATER 20700000 PAYROLL POSTING FUND
10024310 CORP YARD MAINTENANCE 20800000 BUILDING & MAINTENANCE 10024620 STREETS 20822500 BUILDING & MAINTENANCE
10100000 GF- (SUB-FUND) VISIT UKIAH 20824300 BLDG MAINT CORP YARD 10112700 GF-(SUB-FUND) VISIT UKIAH 20900000 IT FUND
10500000 MEASURE S GENERAL FUND 20913900 INFORMATION TECHNOLOGY 10521210 FIRE AUTHORITY 22000000 FIXED ASSET FUND
10600000 USDA FOREST SERV CWDG 25100000 SPECIAL PROJECTS RESERVE FUND 12000000 STREET REHABILITATION 25200000 STREETS/ROW IMPROVEMENT FUND 12024200 PUBLIC WORKS ENGINEERING 25224220 STREETS/ROW IMPROVEMENT FUND 13000000 GOV'TL DEBT SVC/RESERVE FUND 25300000 PROP 172 FUND 13100000 DEBT SERVICE RESERVE 2022 LRB 25321210 CITY FIRE 20000000 CITY ADMINISTRATIVE SERVICES 30000000 PARK DEVELOPMENT FEES FUND 20010000 CITY COUNCIL 30022200 PARK DEVELOPMENT
20012100 CITY MANAGER 30100000 ANTON STADIUM FUND
Account Code Summary Attachment 2
20012200 ADMINISTRATIVE SUPPORT 63500000 SUP.LAW ENFORCE.SVC.FD(SLESF) 30200000 OBSERVATORY PARK FUND 63520210 SLESF
30300000 PLAYGROUND & PARK AMENITIES FU 63600000 CBTHP OFFICER 30322230 PLAYGROUND AND PARK AMENITIES 63620210 CBTHP OFFICER 30400000 SWIMMING POOL FUND 63800000 ASSET FORFEITURE 11470.2 H&S F 30522250 RIVERSIDE PARK 63820210 ASSET FORFEITURE 11470 EXPENDI 30600000 SKATE PARK FUND 63900000 SPECIAL REVENUE POLICE 30700000 SOFTBALL COMPLEX FUND 64000000 PKG. DIST. #1 OPER & MAINT FUN 30800000 OPIOD SETTLEMENT FUND 64012600 ECONOMIC DEVELOPMENT 31100000 ARRC GENERAL OPERATING FUND 64020213 POLICE PARKING ENFORCEMENT 31122000 ARRC 67000000 FEDERAL AMERICAN RESCUE FUNDS
31200000 DOWNTOWN BUSINESS IMPROVEMENT 69500000 TRANSFER STATION 31212600 ECONOMIC DEVELOPMENT 69624000 SOLID WASTE MITIGATION FUND 31300000 LMIHF HOUSING ASSET FUND 70000000 SANITARY DISPOSAL SITE FUND 31323400 HOUSING 70024500 LANDFILL 700
31323431 LMI GENERAL ADMIN 70124500 LANDFILL CORRECTIVE 31500000 ADVANCED PLANNING FUND 70200000 DISPOSAL CLOSURE RESERVE FUND 31523100 COMMUNITY PLANNING 70224500 LANDFILL CLOSURE
31600000 SPECIAL RECREATION EVENTS 70400000 POST CLOSURE FUND-SOLID WASTE 31622861 SPECIAL RECREATION EVENTS 71000000 AMBULANCE SERVICES FUND 50000000 GAS TAX FUND 71021100 AMBULANCE SERVICES
50024214 TRAFFIC SIGNAL OPERATIONS 72000000 GOLF FUND
50500000 SIGNALIZATION FUND 72022400 GOLF
50800000 SB325 REIMBURSEMENT FUND 73000000 CONFERENCE CENTER FUND 50824210 SB325 ENGINEERING 73022600 CONFERENCE CENTER
50900000 S.T.P. 77700000 AIRPORT FUND
50924210 STP ENGINEERING 77714000 CITY ATTORNEY
51100000 RAIL TRAIL FUND 77725200 AIRPORT OPERATIONS
51124210 Rail Trail 77800000 AIRPORT CAPITAL IMPROVEMENT FU 60000000 COMM. DEVELOPMT. BLOCK GRANT F 77825200 AIRPORT CAPITAL 60023411 CDBG GENERAL ADMIN 77900000 SPECIAL AVIATION FUND 60023412 CDBG ACTIVITY DELIVERY 77925200 AIRPORT SPECIAL 61100000 CDBG 16-CDBG-11147 80000000 ELECTRIC FUND
61112600 CDBG ECONOMIC DEVELOPMENT 80014000 CITY ATTORNEY 61123410 16-CDBG-11147 80026110 ELECTRIC OVERHEAD
61123411 CDBG GENERAL ADMIN 80026120 ELECTRIC UNDERGROUND 61200000 FUND 612 UNASSIGNED 80026200 TELEMETRY & CALIBRATION 61223400 HOME CDD HOUSING 80026210 SUBSTATION
61223422 HOME ACTIVITY DELIVERY 80026220 HYDROELECTRIC PLANT 61323400 HOME HOUSING ACTIVITIES 80026400 ELECTRIC ADMINISTRATION 61323421 HOME GENERAL ADMIN 80026440 POWER PURCHASES
62000000 CASP CERTIF & TRAINING 80100000 ELECTRIC CAPITAL RESERVE FUND 62023320 CASP CERTIF & TRAINING 80126100 ELECTRIC CIP
63000000 ASSET SEIZURE FUND 80126220 HYDROELECTRIC PLANT 63020210 ASSET SEIZURE EXPENDITURE 80500000 STREET LIGHTING FUND 63300000 H&S EDUCATION 11489(B)(2)(A1) 80526150 STREET LIGHTING 63320210 H&S ASSET SEIZURE EXPENDITURE 80600000 PUBLIC BENEFITS CHARGES FUND
Account Code Summary Attachment 2
63400000 FEDERAL ASSET SEIZURE GRANTS F
63420250 FED ASSET SEIZURE EXPENDITURE
80626450 PUBLIC BENEFITS
80700000 ELECTRIC CAP AND TRADE FUND
80800000 ELECTRIC LOW CARBON FUEL STDS
80826100 ELECTRIC LOW CARBON FUEL STDS
82000000 WATER FUND
82027110 WATER
82027111 PROD OPERATIONS & MAINTENANCE
82027114 DISTRIB OPERATIONS & MAINT
82100000 WATER CAPITAL RESERVE FUND
82200000 WATER CONNECTION FEE FUND
82227113 WATER DISTRIBUTION CAPITAL
83000000 RECYCLED WATER
83027330 RECYCLED WATER
84000000 CITY/DIST. SEWER OPERATING FUN
84027220 WASTE WATER
84027221 CITY WASTE O & M
84027225 WASTE TREATMENT O & M
84100000 SEWER BOND DEBT SERVICE FUND
84127226 WASTEWATER TREATMENT CAPITAL
84200000 RATE STABILIZATION-CITY FUND
84300000 CONNECTION FEE SEWER FUND (CAP
84400000 CITY SEWER CAPITAL PROJECTS FU
84427221 CITY WASTEWATER O&M 844
84427222 CITY WASTE CAPITAL
90000000 SPECIAL DEPOSIT TRUST FUND
91500000 UKIAH VALLEY FIRE DEPARTMENT
91521400 UVFD FIRE ADMINISTRATION
91600000 UVFD PROP 172
91621400 UVFD PROP 172
91700000 UVFD MEASURE B UNASSIGNED
91721400 UVFD FIRE
91800000 UVFD MITIGATION FEES
91821400 UVFD MITIGATION
92000000 MSWMA OPERATIONS
92200000 MILLVIEW COUNTY WATER DISTRICT
92700000 REDWOOD VALLEY WATER DISTRICT
96900000 REDEVELOPMENT OBLIGATION RETIR
96917200 SUCCESSOR AGENCY
96995669 969 - RDA OBLIGATION RETIREMEN
51211 PERS UNFUNDED LIABILITY 54101 POSTAGE
51220 INSURANCE 54102 SMALL TOOLS
51230 WORKERS COMP 54103 LAB SUPPLIES
51240 MEDICARE 54106 SPECIALTY SUPPLIES
51260 FICA 54107 EMS SUPPLIES
51270 UNIFORM ALLOWANCE 54120 PW - SPECIAL SUPPLIES
51290 CELL PHONE STIPEND 54121 PW - ASPHALT CONCRETE
52100 CONTRACTUAL SERVICES 54122 PW - AGGREGATE BASE
52110 AMBULANCE BILLING 54124 PW - CONCRETE/SUPPLIES
52111 DEFIBRILLATOR MAINTENANCE 54125 PW - TRAFFIC PAINT 52112 M. S. OVERSIGHT 54126 PW-PREMARKS
52113 PLANNING STUDIES 54127 PW - SIGN POSTS/SHEETING
52114 COMPLIANCE STUDIES 54128 PW - COLD PATCH MATERIAL 52130 EDUCATIONAL & MARKETING MATL'S 54129 PW - TACK OIL 52131 ASSISTANCE TO SENIORS 54130 PW - SAFETY
52133 MONTHLY DISCOUNT PROGRAM 54131 PW - BARRICADES & CONES 52134 GENERAL ADMIN 54161 BACKGROUND & PHYSICALS
52135 ENERGY CONSERVATION PROGRAM 54162 ADVERTISING
52137 PUBLIC BENEFITS PROGRAM MGMT 54163 INTERVIEW SUPPLIES 52139 RESEARCH DEVELOPMENT & DEMO 54165 NEW EMPLOYEE FINGERPRINT 52150 LEGAL SERVICES/EXPENSES 54166 DOT TESTING PROGRAM 52151 EMPLOYEE BENEFIT ADMIN FEES 54167 EMPLOYEE DEVELOPMENT 52155 ACTIVITY DELIVERY 54169 LIVESCAN
52180 SECURITY SERVICES 54201 PRISONER EXPENSE
52181 VOLUNTEER EXPENSES 54202 MAJOR CRIME INVESTIGATIONS 52301 PROPERTY TAX ADMIN FEE 54203 RECRUITMENT
52304 LAFCO FEES AND PROP TAX EXP 54320 SOFTWARE
52500 TRUSTEE FEES 54330 COMPUTER AND TECHNOLOGY
52510 ADVERTISING & PROMOTION 54500 EQUIP RENTS AND LEASES 52515 ADVERTISING & PUBLICATION 54700 FINES & PENALTIES 52521 LIABILITY INSURANCE PREMIUM 55100 TELEPHONE
52522 LIABILITY & PROPERTY DEDUCT 55200 PG&E
52524 PROPERTY INSURANCE PREMIUM 55210 UTILITIES
52525 WORKER'S COMP. EXPENSE 56100 VEHICLE & EQUIPMENT MAINT. & R 52526 REMIF ASSESSMENT PAYMENTS 56112 EQUIPMENT PARTS FOR RESALE 52527 A.D.P. PREMIUM & DEDUCTIBLE 56120 EQUIPMENT MAINTENANCE & REPAIR 52528 LIABILITY INSURANCE 56125 LAB EQUIP-REPAIR & MAINT. 52529 EARTHQUAKE & FLOOD (DIC) 56130 EXTERNAL SERVICES
52532 SAFETY & TRAINING SUPPORT 56210 FUEL & FLUIDS
52533 UVFA RETIREE HEALTH INS 56300 BUILDING MAINT. & REPAIR 52600 RENT 56410 EQUIPMENT RENTAL - PRIVATE
52601 DATA STORAGE & CONNECTIVITY 56504 FACILITY MAINTENANCE & REPAIR 52602 RENTAL OF CITY PROPERTY 56600 AIRFIELD MAINTENANCE & REPAIR 52841 SUCCESSOR AGENCY ADMIN 57100 LEARNING AND DEVELOPMENT 53000 LAWSUIT SETTLEMENT 57101 CONF & TRAINING-AQUATICS 54100 SUPPLIES 57300 MEMBERSHIPS & SUBSCRIPTIONS
Object Code Summary Attachment 3
58101 NCPA PLANT GENERATION
58102 NCPA POWER PURCHASES
58103 NCPA TRANSMISSION
58104 NCPA MANAGEMENT SERVICES
58105 NCPA THIRD PARTY SALES
58202 CHEMICALS
58401 AVIATION FUEL
58410 GARAGE LUBRICANTS & PARTS
58510 REIMBURSABLE JOBS
59100 PROPERTY TAXES PAID
59101 FEES
59102 FRANCHISE FEES
59105 CONTRIBUTIONS TO OTHER AGENCY
59106 SENIOR TRASH SUBSIDY
59108 BANK FEES
59400 OTHER EXPENSES
59500 LOANS ISSUED
59502 SCHOLARSHIPS
61200 PURCHASING ALLOCATION
61300 BILLING & COLLECTION ALLOCATIO
61410 RENT ALLOCATION
61420 BUILDING MAINTENANCE ALLOCATIO
61422 IT ALLOCATION
61430 CORP YARD ALLOCATION
61500 INSURANCE ALLOCATION
61600 GARAGE ALLOCATION
61700 DISPATCH
62100 ADMIN & OVERHEAD ALLOCATION
63000 INTERFUND SERVICES USED
70101 LOAN PAYMENTS MADE
70102 BOND INTEREST EXPENSE
70103 LOAN INTEREST
70201 LOAN PRINCIPAL PAYMENTS
70202 BOND PRINCIPAL PAYMENTS
74500 CAPITAL LEASE PRINCIPAL
74501 CAPITAL LEASE INTEREST
80100 MACHINERY & EQUIPMENT
80210 LAND ACQUISITION
80220 BUILDING IMPROVEMENTS
80230 INFRASTRUCTURE
90100 LOAN PROCEEDS
90101 LOAN PAYMENT RECEIVED
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The following list of bills payable was reviewed and approved for payment.
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1 Kristine Lawler
From: UkiahWhistleblower <[email protected]> Sent: Friday, May 2, 2025 6:45 PM
To: Doug Crane; Susan Sher; Mari Rodin; Heather Criss; Juan Orozco; CityClerk Subject: Demand for Transparency: Budget Breakdown, Police Spending & Housing Crisis Follow Up Flag: Follow up
Flag Status: Flagged
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Dear Ukiah City Council,
As a resident and small business owner, I am deeply concerned about the decisions made in the May 7, 2025 council meeting.
You approved:
$13.7 million in March payments with no public breakdown of where that money went An $84,000 invoice for the Potter Valley Project with no explanation of services rendered Ongoing funding for police departments and asset seizure programs, without any itemized budgets or transparency
Ordinance updates allowing landlords to pass utility and capital costs onto mobilehome residents, some of whom live on fixed incomes
Rent increases during in-place transfers—guaranteeing higher costs for the next tenant This is unacceptable. The community deserves:
1. A full breakdown of the $13.7M in expenditures
2. A line-by-line explanation of the $84K invoice
3. A transparent accounting of police funds, including SLESF, asset forfeiture, and public safety expenditures
4. A plan for how the City intends to prevent homelessness and displacement caused by these rent passthroughs and increases
5. An immediate statement on why Mayor Douglas Crane—whose private financial interest as a landlord is well known—is allowed to vote on housing policy without recusal What are you doing to support the working poor? The elders? The families scraping by? The renters who can’t afford another $50 utility pass-through?
We deserve answers, and we deserve leadership that prioritizes people, not profit.
We deserve answers, and we deserve leadership that prioritizes people, not profit. I hope you'll have these numbers ready and publicly accessible before the May 7 meeting— without requiring an official records request or escalation up the chain of command. Transparency should not be a special request. It should be the baseline.
2 In defense of my community,
An Anonymous Source from Ukiah
Agenda Item No: 8.b.
MEETING DATE/TIME: 5/7/2025
ITEM NO: 2025-457
AGENDA SUMMARY REPORT
SUBJECT: Consideration of Adoption of Resolution Approving Record Destruction for Outdated Records from the Payroll Division, City Manager's Office, Electric Utility, and Fire Department.
DEPARTMENT: City Clerk PREPARED BY: Araceli Sandoval, Deputy City Clerk PRESENTER: Kristine Lawler, City Clerk
ATTACHMENTS:
1. Proposed Resolution with Exhibit A
Summary: The City Council will consider adopting a resolution authorizing the destruction of outdated documents from the Payroll Division, City Manager's Office, Electric Utility, and Fire Department.
Background: The City of Ukiah's Records Retention Guidelines were constructed based on the State of California's recommended retention schedule and various government regulations, as well as recommendations from City departments. The Payroll Division, City Manager's Office, Electric Utility, and Fire department, along with the City Clerk's office and the City Attorney's office, have reviewed the Transfer Notices for a total of 36 boxes that are due for destruction per the Guidelines, and have approved them for shredding.
Discussion: The estimated cost for shredding the 36 boxes is $288, and this has been budgeted for the 24-25 fiscal year.
Staff recommends that Council adopt the resolution (Attachment 1), authorizing the destruction of 36 boxes of outdated documents, attached as Exhibit A to the resolution.
Recommended Action: Adopt resolution authorizing the destruction of outdated records from the Payroll Division, City Manager's Office, Electric Utility, and Fire Department.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: 20012500.52100 - City Clerk Contracted Services: $1,616 PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: City Clerk Contracted Services budget REVENUE: No GRANT: No
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A
STRATEGIC PLAN (SP): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A
RESOLUTION NO. 2025-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING THE
DESTRUCTION OF OUTDATED RECORDS
WHEREAS, the Payroll Division, City Manager, Electric Utility, and Fire departments, along with the City Clerk's office and the City Attorney's office, have reviewed and approved the list of records that are attached as Exhibit A, and determined that said records are no longer necessary and may at this time be destroyed.
NOW, THEREFORE, BE IT RESOLVED that the Ukiah City Council hereby approves the destruction of certain outdated records, contained in Exhibit A of this Resolution, and authorizes the City Clerk to destroy the records.
PASSED AND ADOPTED this 7th day of May, 2025, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Douglas F. Crane, Mayor
ATTEST:
______________________________
Kristine Lawler, City Clerk
Attachment 1
ROOM SHELF LOCATION BOX # Date Rec'd Central File
#
RECORD TITLE START DATE END DATE RETAIN
UNTIL USER/SENDER DEPARTMENT
1 a 2 01110 2/16/1990 714.20 Salary Records 1/1/1951 12/31/1986 1989 Inman Payroll 1 d 57 04559 3/8/2016 714.09 Employee Time Sheets 1/1/2009 12/31/2014 2022 Elizabeth MacFarland Payroll 1 e 82 04787 5/25/2018 714.20 Salary Records 9/1/2016 12/1/2016 2023 Kippi Cummins Payroll 1 e 88 00023 5/25/2018 714.20 Salary Records 5/1/2016 8/31/2016 2023 Kippi Cummins Payroll 1 f 94 04561 3/8/2016 714.09 Employee Time Sheets 6/1/2014 10/31/2014 2022 Elizabeth MacFarland Payroll 1 f 100 04789 5/25/2018 714.09 Employee Time Sheets 1/1/2016 4/30/2016 2023 Kippi Cummins Payroll 1 g 117 04564 3/8/2016 714.09 Employee Time Sheets 12/1/2013 6/30/2014 2021 Elizabeth MacFarland Payroll 1 L 211 02117 714.10 Feature Distribution 1/1/1999 3/31/1999 2024 Thomas Payroll 1 L 217 02119 714.10 Feature Distribution 10/1/1999 12/31/1999 2024 Thomas Payroll 1 m 229 02121 714.10 Feature Distribution 7/1/1999 9/30/1999 2024 Thomas Payroll 1 m 238 02123 714.10 Feature Distribution 4/1/1999 6/30/1999 2024 Thomas Payroll 1 p 296 02061 Payroll Ledgers 10/1/1998 12/31/1998 2023 Thomas Payroll 1 q 322 01576 714.10 Feature Distribution 7/1/1994 11/30/1998 2024 Payroll 1 r 344 04394 6/1/2015 714.09 Employee Time Sheets 12/1/2012 6/30/2013 2020 Payroll 1 r 346 04395 6/1/2015 714.09 Employee Time Sheets 6/1/2013 12/31/2013 2020 Payroll 1 t 387 02190 Confidential Program Files 1/1/1992 12/31/1998 2023 Klingbeil Payroll 1 z 518 01381 714.05 Check Register 1/1/1992 3/30/1993 1996 Deknoblough Payroll 2 g 733 02003 Payroll Ledgers 7/1/1999 9/30/1999 2024 Thomas Payroll 2 g 736 02006 714.05 Feature Distribution 3/1/1997 3/30/1998 2023 Thomas Payroll 2 h 742 02012 714.10 Feature Distribution 3/1/1998 6/30/1998 2023 Thomas Payroll 2 r 940 04663 7/27/2017 714.09 Employee Time Sheets 1/1/2015 5/30/2015 2023 ElizaBeth MacFarland Payroll 2 t 986 02462 Payroll Ledgers 10/1/1997 6/30/1998 2023 Thomas Payroll 2 u 1017 04666 7/27/2017 714.09 Employee Time Sheets 5/1/2015 8/30/2015 2023 ElizaBeth MacFarland Payroll 2 u 1018 04667 7/27/2017 714.09 Employee Time Sheets 8/1/2015 12/30/2015 2023 ElizaBeth MacFarland Payroll 2 cc 1174 00680 2/15/2022 714.11 Federal and State Reports; Payroll 1/1/2015 12/31/2016 2021 Kippi Cummins Payroll 2 cc 1189 00688 1/5/2022 714.09 Employee Time Sheets 12/18/2016 4/22/2017 2024 Devon King Payroll 2 cc 1190 00689 1/5/2022 714.09 Employee Time Sheets 8/13/2017 12/31/2017 2024 Devon King Payroll 2 dd 1197 00679 1/5/2022 714.09 Employee Time Sheets 4/23/2017 8/12/2017 2024 Devon King Payroll 2 dd 1198 00681 2/15/2022 714.20 Salary Records 1/1/2019 12/31/2019 2023 Kippi Cummins Payroll 2 dd 1203 00579 6/22/2021 714.20 Salary Records 1/1/2018 12/31/2018 2022 Kippi Cummins Payroll 2 dd 1212 00682 2/15/2022 714.02 Benefit Distribution 1/1/2012 12/31/2013 2020 Kippi Cummins Payroll
PAYROLL
RECORDS SCHEDULED FOR DESTRUCTION
Exhibit A
ROOM SHELF LOCATION BOX # Date Rec'd Con / Pub Central File # RECORD TITLE START DATE END DATE RETAIN UNTIL USER/SENDER DEPARTMENT COMMENT 2 p 908 00979 Pub 101.01 General Subject Files - Administration 11/17/1993 6/19/1996 1999 City Manager
CITY MANAGER
RECORDS SCHEDULED FOR DESTRUCTION
LOCATION BOX # Date Rec'd Con/P Central File # START DATE END DATE RETAIN UNTIL USER/SENDER DEPARTMENT Rolling Files 05001
ub
4/23/2025 Pub 601.01 1/1/2009 12/31/2022 2024 Diann Lucchetti Electric Utility
RECORD TITLE
General Subject Files
ELECTRIC UTILITY
RECORDS SCHEDULED FOR DESTRUCTION
ROOM SHELF LOCATION BOX # Date Rec'd Con / Pub Central File # RECORD TITLE START DATE END DATE RETAIN UNTIL USER/SENDER DEPARTMENT COMMENT 1 k 185 01718 Pub 9 Entry level Fire Fighter study guides 1/1/1981 1/31/1997 2022 McAfee Fire1 w 448 01930 Pub Daily Journals, Shift History Reports 1/1/1995 12/31/1997 2022 McAfee Fire 2 d 667 01887 Pub Human Resources, FLSA, Overtime and Payroll 1/1/1993 12/31/1997 2022 Faye McAfee Fire 9/4/24 gave box to Sheri to review FIRE
RECORDS SCHEDULED FOR DESTRUCTION
Agenda Item No: 8.c.
MEETING DATE/TIME: 5/7/2025
ITEM NO: 2025-449
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 2024-25.
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. 2025 Letter to Residents
4. Proposed Resolution - redline and clean
5. Correspondence Received - UkiahWhistleblower
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 2024-25.
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. The City Attorney also stated that the mobilehome parks cannot be legally charged if the account has an excess of funds that is more than needed for the estimated costs of arbitration. Additionally, Staff was 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: https://cityofukiah.com/city-clerk/#mobile-home. The webpage contains links to the following:
Ordinance 1126 and Resolution 2024-22 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 June of 2024, Council adopted Resolution 2024-22 (Attachment 2) that amended and updated the arbitration and administrative costs.
In addition, a letter (Attachment 3) was sent out on April 23, 2025, 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 received one inquiry from a park resident who asked to have the letter translated into Spanish, which was done and
sent to the requestor the same day. The Clerk's office will take additional steps to have the ordinance and resolution translated and posted onto the website.
Discussion: The current before-year-end-close balance in the Mobilehome Rent Stabilization Trust Fund (90000000.23251) is $21,808. The estimated attorney fees for 8 hours at a rate of $400 per hour is $3,200, discounted by 50% is $1,600. Assuming an arbitration hearing takes one 8-hour day, and the arbitrator takes 4 hours to prepare a written decision, a total of 12 hours at $1,250 (average arbitration cost) = $15,000 + $950 (admin fee for arbitration) for a total of $15,950.
The estimated administrative and educational outreach costs for the 24-25 Fiscal Year is $2,085 (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 $2,173. 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 2024-25, 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 $1,120.
Costs to implement the program shown on Exhibit A to Resolution 2024-22, 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 2024-25.
Projecting forward, it is anticipated that next fiscal year (25-26) will also have enough reserves in the mobilehome rent stabilization fund to cover the administrative costs. However, the year following that (FY 26- 27) it is anticipated that the mobilehome parks will need to be invoiced.
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 2024-25, and authorize the use of the account reserves for current year administrative activities.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: 90000000.23251: $21,808
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: Mobilehome Rent Stabilization Trust Fund REVENUE: No GRANT: No
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A
STRATEGIC PLAN (SP): N/A
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.
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F) Capital Replacement Pass Through. Notwithstanding the provision of subsection E of this section, an owner may charge to the mobilehome owner as additional rent the pro rata share of capital replacement costs including reasonable financing costs, if not otherwise prohibited by law, subject to the following procedure:
1) The owner may seek advance approval for the proposed pass through, before undertaking the capital project, by following the procedures set forth in Sections 2709 to 2711. If the increase is approved by the Arbitrator, it shall not be effective until the next regularly scheduled annual rent increase date, provided that the 90-day notice is issued, the expense is actually incurred and that proper verification is submitted. This verification shall include, at a minimum, proof of actual costs and payment to vendors or contractors. In the event that the actual cost of the capital expense is less than the approved amount, the increase shall be adjusted to reflect this decreased amount;
2) The owner shall give notice of the proposed pass through to each affected mobilehome owner no later than 12 months after completion of the capital replacement work;
3) Upon a petition signed by one adult mobilehome owner of each of 50 percent of the spaces subject to rent control in a park or 50 spaces subject to rent control, whichever is less, and filed with the Clerk within 30 days of the date the owner gives notice of the pass through to every affected mobilehome owner, the Arbitrator, in accordance with the arbitration procedure provided in this chapter, may disallow or decrease the pass through for capital replacements based upon substantial evidence in the record that the capital replacement was not necessary, or that the cost of the capital replacement was excessive, or that during the pass through period, the owner is including an unreasonably high financing cost and/or return on the expense being passed through. The owner shall have the burden of proving the necessity for and reasonable cost of the capital replacements. In determining whether the owner has met its burden of proving the necessity for and reasonable cost of the capital replacement, the Arbitrator may consider, among other factors, the reasonableness of the owner's history of maintenance of the property or improvement to be replaced. The Arbitrator'sreview will include, but not necessarily be limited to, the records reflecting past maintenance work and the cost.
G) All charges passed through by the owner to the mobilehome owners pursuant to subsection C and D of this section and additional rent charged pursuant to subsections E and F of this section must be separate from the base rent and listed separately. All billings used to calculate a pass through or additional rent to mobilehome owners must be disclosed within a reasonable time upon request by a mobilehome owner.
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H) Notice. A written notice of each rent increase or new or increased capital improvement or capital replacement pass through charge made under the provisions of this section shall be filed by the owner with the Clerk, and provided to each affected mobilehome owner, at least 90 days before the rent increase goes into effect or as required by the MRL. The notice shall identify the park and shall specify the dollar amount of the increase, the percentage of the increase, an itemization of all new or increased pass throughs and additional rent charges, the specific space affected, the date the increase will go into effect, how each increase was calculated, and the date the rent on each affected space was last increased. The notice shall also advise each affected mobilehome owner of any right to petition for review of a proposed rent increase and that a petition form may be requested from the Clerk.
1) Whenever a time period is prescribed for filing an application or petition, the application or petition shall be deemed filed when it is first filed with the Clerk, even if the Clerk determines that the application or petition is not complete, provided that the Clerk determines that application or petition is complete, as a result of additional submissions by the applicant or petitioner, within thirty days of the initial filing.
2704: IN-PLACE TRANSFER RENT INCREASES-ESTABLISHMENT OF NEW BASE RENT.
A) Whenever either of the following events occurs, an owner shall be permitted to charge a new base rent for the mobilehome space as provided in this section:
1) The termination of the tenancy of the affected mobilehome owner in accordance with the MRL (California Civil Code sections 798.55 through 798.60, as amended, excepting section 798.59); or
2) The voluntary permanent removal of a mobilehome by a mobilehome owner. A removal of the mobilehome from the space for the purpose of performing rehabilitation or capital improvements to the space or for the purpose of upgrading the mobilehome shall not constitute a voluntary removal of the mobilehome.
B) Upon the sale of a mobilehome in-place, an owner may implement an increase of the base rent for that space in an amount equal to 10% of the rent for that space then in effect.
C) Except as provided in subsections (A) and (B), an owner may not condition an in-place transfer of a mobilehome or condition assignment of an existing lease to a prospective mobilehome owner, upon agreement to an increased rent in anticipation of the in-place transfer. This subsection shall not apply to specific conditions included in a lease exempt from rent control which
allows an owner to condition assignment in a manner prohibited by this section.
For purposes of this subsection, "a lease exempt from rent control" means a lease meeting, in all respects, the criteria of Civil Code section 798. b), 17(as such criteria are presently enacted or may hereafter be amended. 2705: FAIR RETURN RENT INCREASES.
If an owner presents evidence to the Arbitrator, including any financial records requested by the Arbitrator, which proves that the owner is denied a fair return by the rent control provisions of this chapter, the Arbitrator may authorize an increase in rents as deemed appropriate by the Arbitrator to provide a fair return to the owner. The Arbitrator shall use the method set forth in subsection 2711(C) to determine the fair return.
2706: RENT FREEZE OR RENT ROLLBACK.
A) Upon the petition signed by one adult mobilehome owner of 50 percent of the spaces subject to rent control in a park or 50 spaces subject to rent control, whichever is less, the Arbitrator may prohibit future rent increases for spaces governed by this chapter, upon its determination that maintenance by the owner has been substantially reduced and is insufficient to adequately maintain the park in a habitable condition. The determination shall be based upon substantial evidence in the record. The prohibition may be continued until the Arbitrator determines that maintenance by the owner has been restored to a reasonable level.
B) Upon petition by one or more affected mobilehome owners, an Arbitrator may prohibit future rent increases, or order a rollback of the existing rent as to those petitioners, upon its determination that after the Effective Date, an owner instituted a rent increase inconsistent with the criteria established by this chapter.
The determination shall be based upon substantial evidence in the record. The prohibition may be continued until the Arbitrator determines that the rent has become consistent with this chapter.
2707: TIME OF ALLOWED RENT INCREASE/ADJUSTMENT.
A) Once within a 12-month period, the owner may implement a CPI rent adjustment (subsection 2703(A)), if any, or a fair return increase (Section 2703), but not both.
B) A capital replacement pass through under subsection 2703(F) may only be implemented on the effective date of the CPI or fair return rent adjustment.
C) The following increases or adjustments may be implemented at any time during the year:
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1) Government mandated expense pass through (subsection 2703(C)); 2) Utility pass throughs (subsection 2703(D));
3) Capital improvements (subsection 2703(E));
4) In-place transfer rent increases (Section 2704).
Any increases subject to arbitration shall be implemented after the final ruling of the Arbitrator.
D) Rent freeze and rent rollbacks shall be implemented at the time they are ordered (Section 2706).
2708: ARBITRATION.
A) Matters Subject to Arbitration.
1) An owner shall file with the Clerk:
a) An application seeking to increase space rents beyond 100 percent of the CPI to provide a fair return to the owner as allowed by Section 2705. 2) Affected mobilehome owners may file with the Clerk:
a) A petition objecting to a government mandated expense pass through as allowed by subsection 2703(C);
b) A petition objecting to a capital replacement pass through as allowed by subsection 2703(F);
c) A petition for rent freeze as allowed by subsection 2706(A); d) A petition for rent rollback as allowed by subsection 2706(B).
B) These petitions and applications shall be decided by the Arbitrator.
C) Cost of Arbitration. The cost of arbitration shall be paid by the Clerk out of revenue from the rent stabilization administration fee. The Arbitrator may reimburse the City by assessing the cost of the arbitration to either party if the Arbitrator determines that the position taken by the party is frivolous. 2709: PROCEDURES FOR FAIR RETURN NOTICE AND APPLICATION AND PETITION FORMS.
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A) Notice. At least 10 days prior to submission of a fair return application or a petition to the Clerk, the applicant or petitioner shall mail or deliver a notice and a copy of the application or petition to the owner and each affected mobilehome owner in the park. The notice shall be on a form specified by the Clerk. The at the park's office and shall be posted on the City'swebsite. One copy of the supporting documents shall be provided by the applicant or petitioner at no cost to the other party. All fair return notices shall include the following information:
1) The amount of the rent increase both in dollars and as a percentage of the existing rent, how it was calculated, an itemization of all pass throughs and additional rent charges, information that explains and supports the level of increase proposed including, at a minimum, a summary of the owner's net operating income for the base year and the preceding 24 months and other relevant information that supports the level of rent increase desired, the effective date of the increase and that copies of the supporting documents shall be provided by the owner at no cost to the mobilehome owners' representative and be available to the mobilehome owners at the park's office for inspection and on the City's website;
2) The name, address and telephone number of the Clerk or designee, a statement to inform the mobilehome owners to contact the Clerk or designee for an explanation of the provisions of this chapter, and that a roster of affected mobilehome owners can be requested from the Clerk; and
3) A copy of the official petition form which is to be used for the process established by this chapter.
B) Application/Petition Forms. The application or petition shall be filed with the Clerk on the form prescribed by the Clerk and must be accompanied by all supporting material necessary to support the request. The application and petition shall contain the following declaration: "I declare under penalty of perjury that the foregoing is true and correct." The application shall be dated and subscribed by the applicant(s) and shall state the place of execution. 1) Within five working days of receipt, the Clerk shall complete a preliminary review of the application or petition. Applications or petitions which are incomplete will not be considered properly filed.
2) No further action shall take place on applications or petitions which are not properly filed, and the Clerk may decline to accept such application and/or return them to the petitioner immediately after the preliminary review with a notice of the defects.
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3) When the Clerk determines that the application or petition is complete, the Clerk shall send a written notice of confirmation of receipt of a completed application or petition to the parties.
4) In capital replacement proceedings and in government mandated capital expenditure and operating expense proceedings, affected mobilehome owners shall have 30 calendar days after receipt of the confirmation of the completed application to file with the Clerk a petition objecting to the rent increase signed by one adult tenant in at least 50 percent of the mobilehome spaces subject to rent control.
C) Insufficient Objection-Capital Replacement or Government-Mandated Pass Through Proceeding-Clerk Action. If less than the required number of affected mobilehome owners object to a proposed capital replacement or government-mandated pass through, or if objection is withdrawn, including any amendments, before or after the meet and confer process, the Clerk shall approve the requested pass through.
2710: PROCEDURE FOR MEET AND CONFER.
Within 10 working days of the date of the Clerk's notice of a completed application or petition and prior to assignment of an Arbitrator, affected mobilehome owners and owners shall meet and confer with each other's representatives. The time, place and date of the meeting shall be agreed to by the parties or, if the parties cannot agree, determined by the Clerk. Written notice of the scheduled meeting shall be given by the applicant or petitioner. At the meeting, representatives of the parties shall exchange documentary evidence that the parties, in good faith then know, will be used to support their respective positions in an arbitration and discuss the issues in dispute. In the case of an owner, all financial data upon which any proposed increase is claimed shall be supplied to affected mobilehome owner representatives at the time of the meet and confer meeting. The parties may request that the Clerk provide a mediator, at no cost to the parties, to assist with the meet and confer process. The Arbitrator may deny an application based on the applicant'sfailure to participate in good faith in the meet and confer process.
2711: PROCEDURES FOR ARBITRATION.
A) The Clerk shall give written notice to the applicant or petitioners and mobilehome owner representative that the application/petition has been referred to arbitration.
1) An Arbitrator shall be appointed in the following manner:
a) The Clerk shall maintain a list of qualified arbitrators. 12
b) Assignment of Arbitrator and Hearing Date. The Clerk shall choose three possible Arbitrators and present them to the residents' representative and the owner. Within five days each party may challenge one candidate. The one remaining shall be the selected Arbitrator. If both parties challenge the same candidate, the Clerk shall choose between the two remaining candidates. The Clerk shall set a date for the arbitration hearing no sooner than 30 or no later than 40 days after the Arbitrator is assigned. The owner and affected mobilehome owners shall be notified immediately in writing by the Clerk of the date, time and place of the hearing and this notice shall be served either in person or by ordinary mail. The parties may agree, in writing, to extend these times. The Arbitrator may extend the date for the arbitration hearing upon a showing of good cause.
2) The Arbitrator shall conduct a hearing with the parties and/or their representatives. During this hearing process, the concerns of each party shall be discussed and the Arbitrator shall indicate the amount and nature of information needed from any party in order to reach a determination. In fair return proceedings in Section 2705, this shall include four years of the income and expense portion of the general ledgers for the park. All information submitted shall be in writing and shall be certified in the same manner as set forth in subsection 2709( TheB).applicant or petitioner shall have the burden of proof unless other sections of this chapter specify otherwise. Each party shall comply with the Arbitrator'srequest for information within seven days of the request.
Additional information provided to the Arbitrator shall be immediately available to the owner or affected mobilehome owner representative which will have seven days to give written comment to the Arbitrator. The Arbitrator may proceed under this part regardless of whether any party defaults in providing any of the requested information.
B) Arbitration Determination.
1) Within 21 days of the hearing, but no later than 90 days from the date of the owner'srent increase notice, the Arbitrator shall deliver his or her decision on the application or petition and a bill for services to the Clerk. 2) The rent increase in a fair return proceeding shall not exceed the increase requested in the application.
3) The Clerk shall provide the result of the Arbitrator'sdecision to the affected parties.
4) The Arbitrator'sdecisions are final and not appealable to the City Council.
C) Method to Determine a Fair Return.
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1) The base year for the purpose of this section shall be the last full fiscal year prior to the park becoming subject to this chapter. The Arbitrator may establish an alternative base year if the owner is unable to produce records of the last full fiscal year prior to the park becoming subject to rent control. 2) It shall be presumed that the net operating income produced by the property during the base year provided a fair return. An owner shall be entitled to rents to earn a just and reasonable return and to maintain and increase their base year net operating income in accordance with subsection (C)(4) of this section. This method is called maintenance of net operating income (MNOI) and shall be included in all applications.
3) The applicant or the affected mobilehome owners may present evidence to rebut the presumption of fair and reasonable return based upon the base year net operating income. To make such a determination and in order to adjust to the base year net operating income, the Arbitrator must make the following finding:
a) The owner'soperating and maintenance expenses in the base year were unusually high or low in comparison to other years. In such instances, adjustments may be made in calculating such expenses so that the base year operating expenses reflect average expenses for the property over a reasonable period of time. In considering whether the base year net operating income yielded more or less than a fair net operating income, the Arbitrator shall consider the following factors:
i) Substantial repairs were made due to damage caused by uninsured disaster or vandalism;
ii) Maintenance and repairs were below accepted standards so as to cause significant deterioration of housing services;
iii) Other expenses were unreasonably high or low notwithstanding prudent business practice; and
iv) The rent in the base year was disproportionately low due to the fact that it was not established in an arms-length transaction or other peculiar circumstances.
4) Fair Net Operating Income. The Arbitrator shall submit a determination based on rental income which will provide the owner a net operating income which shall be increased by 100 percent of the percentage increase in the CPI over the base year's CPI index. The base year CPI shall be the CPI for the first day of June. For purposes of this section, the current CPI shall be the CPI last reported as of the date of the completed application.
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5) Net operating income of a mobilehome park means the gross income of the park less the operating expenses of the park.
6) Gross income means the sum of the following:
a) Gross space rents computed as gross space rental income at 100 percent occupancy (but excluding rent attributed to a space occupied by a park employee who receives the space rent free as part of the employee's compensation); plus
b) Other income generated as a result of the operation of the park, including, but not limited to, fees for services actually rendered; plus c) All other pass through revenue received from mobilehome owners except capital pass throughs and gas and electric; minus
d) Uncollected space rents due to vacancy and bad debts to the extent that the same are beyond the owner'scontrol. There is a rebuttable presumption that uncollected space rents in excess of the average of the current and past three years uncollected rents (each year's rent shall be adjusted by the change in the CPI between that year and the final year of the four-year period) are excessive and shall not be deducted from gross income.
7) Operating expenses means:
a) Real property taxes and assessment;
b) Advertising costs;
c) Management and administrative expenses including the compensation of administrative personnel;
d) Repair and maintenance expenses for the grounds and common facilities including, but not limited to, landscaping, cleaning and repair of equipment and facilities;
e) In addition to the management expenses listed above, where the owner performs onsite managerial or maintenance services which are uncompensated, the owner may include the reasonable value of such services. Owner-performed labor shall be limited to five percent of gross income unless the Arbitrator finds that such a limitation would be substantially unfair in a given case. No credit for such services shall be authorized unless an owner documents the hours utilized in performing such services and the nature of the services provided; f) Operating supplies such as janitorial supplies, gardening supplies, stationery and so forth;
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 April 23, 2025
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 2024-22- 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. 20242025-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING EXHIBIT A TO RESOLUTION 20232024-21 22 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 20232024-2122.
PASSED AND ADOPTED at a regular meeting of the City Council held on May 7, 2025, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
______________________________
Douglas F. Crane, Mayor
ATTEST:
_________________________________
Kristine Lawler, City Clerk
EXHIBIT A
Estimated Administrative Costs:
TOTAL - $1,650 2,085(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 - $15,500 950
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 $500 950 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 + $500 950 (admin fee; assuming only two parties) for a total of $15,500950.
Educational Outreach Costs: $468571
• Draft Letter to Residents
• Print, fold, label, and stuff envelopes
• Postage to send educational outreach letters
If MHP owners are invoiced: $1,182514
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 96 per space.
If MHP owners are not invoiced: $428 549
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 $18,75019,635.
1 RESOLUTION NO. 2025-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING EXHIBIT A TO RESOLUTION 2024-22 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 2024-22.
PASSED AND ADOPTED at a regular meeting of the City Council held on May 7, 2025, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
______________________________
Douglas F. Crane, Mayor
ATTEST:
_________________________________
Kristine Lawler, City Clerk
EXHIBIT A
Estimated Administrative Costs:
TOTAL - $2,085 (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 - $15,950
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 $950 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 + $950 (admin fee; assuming only two parties) for a total of $15,950.
Educational Outreach Costs: $571
• Draft Letter to Residents
• Print, fold, label, and stuff envelopes
• Postage to send educational outreach letters
If MHP owners are invoiced: $1,514
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 = $3.96 per space.
If MHP owners are not invoiced: $549
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 $19,635.
1 Kristine Lawler
From: UkiahWhistleblower <[email protected]> Sent: Friday, May 2, 2025 6:45 PM
To: Doug Crane; Susan Sher; Mari Rodin; Heather Criss; Juan Orozco; CityClerk Subject: Demand for Transparency: Budget Breakdown, Police Spending & Housing Crisis Follow Up Flag: Follow up
Flag Status: Flagged
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Dear Ukiah City Council,
As a resident and small business owner, I am deeply concerned about the decisions made in the May 7, 2025 council meeting.
You approved:
$13.7 million in March payments with no public breakdown of where that money went An $84,000 invoice for the Potter Valley Project with no explanation of services rendered Ongoing funding for police departments and asset seizure programs, without any itemized budgets or transparency
Ordinance updates allowing landlords to pass utility and capital costs onto mobilehome residents, some of whom live on fixed incomes
Rent increases during in-place transfers—guaranteeing higher costs for the next tenant This is unacceptable. The community deserves:
1. A full breakdown of the $13.7M in expenditures
2. A line-by-line explanation of the $84K invoice
3. A transparent accounting of police funds, including SLESF, asset forfeiture, and public safety expenditures
4. A plan for how the City intends to prevent homelessness and displacement caused by these rent passthroughs and increases
5. An immediate statement on why Mayor Douglas Crane—whose private financial interest as a landlord is well known—is allowed to vote on housing policy without recusal What are you doing to support the working poor? The elders? The families scraping by? The renters who can’t afford another $50 utility pass-through?
We deserve answers, and we deserve leadership that prioritizes people, not profit.
We deserve answers, and we deserve leadership that prioritizes people, not profit. I hope you'll have these numbers ready and publicly accessible before the May 7 meeting— without requiring an official records request or escalation up the chain of command. Transparency should not be a special request. It should be the baseline.
2 In defense of my community,
An Anonymous Source from Ukiah
Agenda Item No: 8.d.
MEETING DATE/TIME: 5/7/2025
ITEM NO: 2025-465
AGENDA SUMMARY REPORT
SUBJECT: Notification of Purchase of Services from National Aquatic Services in the Amount of $60,590 for Installation of Municipal Pool Filters.
DEPARTMENT: Community Services PREPARED BY: Myles Fisette, Purchasing Manager PRESENTER: Consent Calendar
ATTACHMENTS:
1. Staff Report
2. Quote 6493 National Aquatic Services
3. PO 48814
Summary: Council will receive notification of Purchase of Services from National Aquatic Services in the amount of $60,590 for the installation of municipal pool filters.
Background: The City's Municipal Pool located at Todd Grove Park is an aging facility, with the newer of the two pools over 60 years old. The pools were designed with a set of three sand filters. The filters are visibly aged and the Parks team has performed multiple repairs on the filters. The first filter failure occurred more than five years ago when the metal sides of the filter became too thin for additional patches to be welded on.
Filtration rates with two remaining filters, however, remained adequate. Last year, a second of the pool filters failed. With only one remaining functional pool filter, the flow rate is now not high enough to maintain legally mandated filtration rates.
On April 16, 2025, Council approved a budget amendment (Attachment 1) for the cost of emergency replacement of the municipal pool filters.
Discussion: On March 12, 2025, City Staff released a formal bid solicitation for the project but received no bids. As per CA Public Contract Code Section 22038, when no bids are received through the formal or informal procedure, the project may be performed by the employees of the public agency by force account, negotiated contract, or both, without further complying with the Act. Due to the time sensitive nature of the work required, Staff obtained a quote (Attachment 2) for the installation from National Aquatic Services in the amount of $60,590. PO 48814 (Attachment 3) was created and provided to National Aquatic Services as a notice to proceed with the installation work. As previously reported, Council approved a budget amendment on April 16, 2025 to ensure the work could proceed in time for the facility to be open for the summer season.
Recommended Action: Receive notification of Purchase of Services from National Aquatic Services in the amount of $60,590 for the installation of municipal pool filters.
BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: 10022300.80100.18448: $100,640
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: General Fund Reserves
REVENUE: Yes / No GRANT: Yes / No
PREVIOUS CONTRACT/PURCHASE ORDER NO.: 48814
COORDINATED WITH: Jake Burgess, Community Services Supervisor; Neil Davis, Community Services Director; Mary Horger, Financial Services Manager
STRATEGIC PLAN (SP):
CLIMATE INITIATIVES (CI):
GENERAL PLAN ELEMENTS (GP):
Agenda Item No: 8.c.
MEETING DATE/TIME: 4/16/2025
ITEM NO: 2025-401
AGENDA SUMMARY REPORT
SUBJECT: Request for Budget Amendment in the Amount of up to $100,000 to Cover the Cost of an Emergent Replacement of the Municipal Pool Filters.
DEPARTMENT: Community Services PREPARED BY: Neil Davis, Community Services Director PRESENTER: Neil Davis, Community Services Director
ATTACHMENTS:
None
Summary: Council will consider approving a budget amendment in the amount of up to $100,000 to cover the cost of an emergent replacement of the Municipal Pool Filters.
Background: The City's Municipal Pool located at Todd Grove Park is an aging facility with the newer of the two pools over 60 years old. The pools were designed with a set of three sand filters. The filters are visibly aged and the Parks team has performed multiple repairs on the filters. The first filter failure occurred more than five years ago when the metal sides of the filter became too thin for additional patches to be welded on.
Filtration rates with two remaining filters, however, remained adequate. Last year, a second of the pool filters failed. With only one remaining functional pool filter, the flow rate is now not high enough to maintain legally mandated filtration rates.
Discussion: Parks and Recreation Staff researched options for repair over the winter and now have developed a plan to replace the filters and the concrete slabs that support them. As the filter failure was unplanned, no funds were allocated in the budget. Staff recommends a budget amendment to allow the transfer of up to $100,000 to cover the cost of filter replacement. This project will allow the opening for the pool as per schedule for summertime pool fun.
On March 12, 2025, City Staff released a formal bid solicitation for the complete project with a base bid for the installation of the new equipment and alternate bid items for the demolition and removal of the existing filter system and concrete pad and for the pouring of a new pad. The contractor's estimate for the complete job was $97,085. Because of the value of the project, this was scheduled as a public bid opening on April 8, 2025, in the Council Chambers where no bids were submitted. As per CA Public Contract Code Section 22038, when no bids are received through the formal or informal procedure, the project may be performed by the employees of the public agency by force account, negotiated contract, or both, without further complying with the Act. Because of the window of time available before the scheduled pool opening, it is the intention of Staff to use a combination of force account and negotiated contract to complete the project.
Staff recommends Council approve the budget amendment in the amount of up to $100,000 to cover the cost of an emergent replacement of the Municipal Pool Filters. This repair is necessary for the operation of the facility.
Recommended Action: Approve a budget amendment in the amount of up to $100,000 to cover the cost of an emergent replacement of the Municipal Pool Filters.
BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: 10022300.80100.18448: -$640.00
Attachment 1
PROPOSED BUDGET AMOUNT: 10022300.80100.18448: $100,640
FINANCING SOURCE: General Fund Reserves
REVENUE: Yes / No GRANT: Yes / No
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Myles Fisette, Procurement Manager; Jake Burgess, Community Services Supervisor STRATEGIC PLAN (SP):SP 1A - Build neighborhoods that provide access for all to a compatible balance of housing, employment, commercial, medical, education, and recreational resources.
CLIMATE INITIATIVES (CI):
GENERAL PLAN ELEMENTS (GP):
Sales Quote
Sales Quote Date: 4/4/2025
Sales Quote # SQ-6493
Customer
Ukiah, City of
411 West Clay St
Ukiah, Ca 95482
Job Site
Ukiah, City of
Ukiah Municipal Swimming Pools
511 Park Blvd.
Ukiah, CA 95482
Name: Signature: Date:
Phone (925) 513-9025 E-mail: [email protected] Web Site: NASPools.com Quote Total
Sales Tax ()
Quote is valid for fifteen days. Unless line itemed in this quote, permits and fees are the responsibility of the owner and can be facililated by NAS on a time and materials basis.
National Aquatic Services, Inc.
PO Box 2168
Brentwood, CA 94513
Check or money order. Credit card accepted with a 3% fee by arrangment.
Description Quantity Price Extension
Installation of a new 54 square foot filter system, 2 tank at 27 sq ft each with header piping and semi auto backwash.
The pool was said to be 240,000 gallons, this filter system would flow at 13 GPM per sq ft.
It is our recommendation to remove all iron pipe that is above grade and build the new system with sch80 pvc. (the suction side of the pump is to remain)
Filter Installation
- Set the new filters on the new keeping pad
- Assemble the header piping on to the filters, align both filters, - Add the gravel to the filters, anchor the filters to the keeping pad with the factory supplied SS 1/2"x 7" anchors. - Run new plumbing from the main pump (4" flange to a 4"x8" reducer coupling) to a new Tufff Skin wafer style check valve with new flanges and a Pool Pro butterfly valve to the influent side of the filter manifold system. - Plumb the effluent side of the filter to the return line. - Install new flow meter on the return line.
- Run new plumbing for the backwash line to a new backwash holding tank (tank provided by the city). This is 6" sch80 piping
- Install the semi-auto backwash multi-port valve. (we will install FEP (Teflon is for outdoor use) tubing for the backwash system)
- All of the new plumbing will be mounted to unistrut.
- Install the pressure amp pump with fresh water, run a 20amp circuit for the new pump - Finish filling the filters with the sand
- Close the manways and perform a backwash for both tanks This bid is three men for five days at prevailing wage plumber + install materials - All new PVC fittings, pipe, valves, strut , clamps. transportation and hotels.
1 57,465.00 57,465.00
Estimated Environmental Health Department Permits and Fees 1 3,125.00 3,125.00 Sales Tax 0.00 0.00
This does not include payment and performance bonds, that would be an additional 3% $60,590.00
$0.00
Attachment 2
Purchase Order
Purchase
Order #
THIS NUMBER MUST APPEAR ON ALL INVOICES,
PACKAGES AND SHIPPING PAPERS.
Fiscal Year
Vendor Phone Number Vendor Fax Number Buyer Date Ordered Date Required Delivery must be made within
doors of specified destination.
Item# Description/Part No. Qty UOM Unit Price Extended Price By
Purchasing Supervisor VENDOR COPY PO Total
B
I
L
L
T
O
V
E
N
D
O
R
S
H
I
P
T
O
CITY OF UKIAH
ATTN: ACCOUNTS PAYABLE
300 SEMINARY AVENUE
UKIAH, CA 95482
Delivery Reference Freight Method/Terms Department/Location Sales Tax Rate Total Ext. Price $60,590.00
Total Sales Tax
Total Discount
Total Credit
Total Freight
$60,590.00
2025 Page 1 of 3
48814-00
NATIONAL AQUATIC SERVICES INC
9030 BRENTWOOD BLVD
SUITE F
BRENTWOOD CA 94513
CITY OF UKIAH - ANNEX
411 W CLAY STREET
UKIAH CA 95482
Myles Fisette 04/23/2025
N30 PARKS 0.000
The Above Purchase Order Number Must Appear On
All Correspondence - Packing Sheets And Bills Of
Lading
1 Installation of a new 54 square foot filter system, 2 tank at 27 sq ft each with header piping and semi auto backwash.
The pool was said to be 240,000 gallons, this filter system would flow at 13 GPM per sq ft.
It is our recommendation to remove all iron pipe that is above grade and build the new system with sch80 pvc.
(the
suction side of the pump is to remain)
Filter Installation
- Set the new filters on the new keeping pad
- Assemble the header piping on to the filters, align both filters,
- Add the gravel to the filters, anchor the filters to the keeping pad with the factory supplied SS 1/2"x 7" anchors. - Run new plumbing from the main pump (4" flange to a
4"x8" reducer coupling) to a new Tufff Skin wafer style check
valve with new flanges and a Pool Pro butterfly valve to the influent side of the filter manifold system.
- Plumb the effluent side of the filter to the return line. - Install new flow meter on the return line.
- Run new plumbing for the backwash line to a new
backwash holding tank (tank provided by the city). This is 6" sch80
piping
- Install the semi-auto backwash multi-port valve. (we will install FEP (Teflon is for outdoor use) tubing for the
backwash
system)
- All of the new plumbing will be mounted to unistrut.
- Install the pressure amp pump with fresh water, run a 20amp circuit for the new pump
- Finish filling the filters with the sand
- Close the manways and perform a backwash for both
tanks
This bid is three men for five days at prevailing wage
plumber + install materials - All new PVC fittings, pipe, valves, strut
, clamps. transportation and hotels.
57465.0 EACH $1.000 $57,465.00
10022300 - 80100 - 18448 $57,465.00
Attachment 3
Purchase Order
Purchase
Order #
THIS NUMBER MUST APPEAR ON ALL INVOICES,
PACKAGES AND SHIPPING PAPERS.
Fiscal Year
Vendor Phone Number Vendor Fax Number Buyer Date Ordered Date Required Delivery must be made within
doors of specified destination.
Item# Description/Part No. Qty UOM Unit Price Extended Price By
Purchasing Supervisor VENDOR COPY PO Total
B
I
L
L
T
O
V
E
N
D
O
R
S
H
I
P
T
O
CITY OF UKIAH
ATTN: ACCOUNTS PAYABLE
300 SEMINARY AVENUE
UKIAH, CA 95482
Delivery Reference Freight Method/Terms Department/Location Sales Tax Rate Total Ext. Price $60,590.00
Total Sales Tax
Total Discount
Total Credit
Total Freight
$60,590.00
2025 Page 2 of 3
48814-00
NATIONAL AQUATIC SERVICES INC
9030 BRENTWOOD BLVD
SUITE F
BRENTWOOD CA 94513
CITY OF UKIAH - ANNEX
411 W CLAY STREET
UKIAH CA 95482
04/23/2025
N30 PARKS 0.000
2 ENVIRONMENTAL HEALTH DEPARTMENT PERMITS
AND FEES
3125.0 EACH $1.000 $3,125.00
10022300 - 80100 - 18448 $3,125.00
PER REQ E39825 PER QUOTE SQ-6493 S
UBJECT TO PREVAILAING WAGE APPROVED BY
CM TO MOVE FORWARD WITH COUNCIL NOTIFICAT
ION
1 GENERALLY. These Terms and Conditions of
Sale (“Terms and Conditions”) apply to all purchases by City of Ukiah. (Referred to as “Buyer”). The supplier of goods and services under this transaction is herein
referred to as “Seller”. The goods or service purchased are referred to as the “Purchase.”
2. TERMS EXCLUSIVE. Buyer will order the goods or
services described herein only upon the terms and
conditions contained herein. Seller’s acceptance of this order shall occur either through commencement of
performance under this order or acknowledgment of this
order. By accepting this order, Seller waives all terms and conditions contained in its quotation, acknowledgment,
invoice or other documents which are different from or
additional to those contained herein and all such different or additional terms and conditions shall be null and void.
SELLER MAY NOT CHANGE MATERIAL OF
MANUFACTURE, SOURCES OF SUPPLY,
MANUFACTURING PROCESS OR LOCATION WITHOUT
THE PRIOR WRITTEN CONSENT OF BUYER.
3. INSPECTION. All goods shall be received subject
to Buyer’s inspection and rejection. Defective goods and goods otherwise not conforming to this order shall be held for Seller’s instruction and at Seller’s risk, and if Seller so directs, shall be returned at Seller’s expense. No defective goods shall be replaced without a new purchase order.
Payment by Buyer shall not be construed as an
acceptance of goods. Buyer may return to Seller any nondefective, excess goods within thirty (30) days of receiving them.
4. CHANGES. City may make changes within the
general scope of this order in drawings and specifications for specially manufactured supplies, place of delivery, method of shipment or packing of the order by giving notice to Seller and subsequently confirming such changes in
writing. If such changes affect the cost of or the time required for performance of this order, an equitable
adjustment in the price or delivery or both must be made.
No change by Seller is allowed without City’s written
approval. Any claim by Seller for an adjustment under this section must be made in writing within thirty (30) days from the date of receipt by Seller of notification of such change unless City waives this condition in writing. Nothing in this section excuses Seller from proceeding with performance of the order as changed.
5. TERMINATION. City may terminate this order at
any time, either verbally or in writing, with or without cause. Should termination occur, City will pay Seller as full performance until such termination the unit or pro rata order price for the performed and accepted portion of the Purchase. City may provide written notice of termination for Seller’s default if Seller refuses or fails to comply with this order. If Seller does not cure such failure within a reasonable time period, or fails to perform the Purchase within the time specified (or allowed by extension), Seller will be liable to City for any excess costs incurred by City.
6. TIME EXTENSION. Time is of the essence City
may extend the time for completion if, in City’s sole
determination, Seller was delayed because of causes
beyond Seller’s control and without Seller’s fault or
negligence. In the event delay was caused by City,
Seller’s sole remedy is limited to recovering money actually and necessarily expended by Seller because of the delay; there is no right to recover anticipated profit.
7. REMEDIES CUMULATIVE. City’s rights and
remedies under this order are not exclusive and are in
addition to any rights and remedies provided by law.
8. TITLE. Title to materials and supplies purchased
under this order pass directly from Seller to City upon City’s written acceptance following an actual inspection and City’s opportunity to reject.
9. PAYMENT. City will pay Seller after receiving
acceptable invoices for materials and supplies delivered and accepted or services rendered and accepted. City will not pay cartage, shipping, packaging or boxing expenses unless specified in this order.
10. INDEMNIFICATION. Seller agrees to indemnify
and hold harmless from and against any claim, action,
damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising out of the Purchase or the order, or their performance. Should City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the Purchase or order, or their performance, Seller will defend City (at City’s request and with counsel
satisfactory to City) and indemnify City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section “City” includes City’s officers, elected officials, and employees. This paragraph 9 will survive termination of this order. The requirements as to the types and limits of insurance
coverage to be maintained by Seller, and any approval of such insurance by City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by Seller pursuant to this order,
including, without limitation, to the provisions concerning indemnification.
11. WARRANTY. Seller agrees that the Purchase is
covered by the most favorable commercial warranties the Seller gives to any customer for the same or substantially similar supplies or services, or such other more favorable warranties as is specified in this order. Warranties will be effective notwithstanding any inspection or acceptance of the Purchase by City.
12. ASSIGNMENT. City may assign this order.
Except as to any payment due under this order, Seller may not assign or subcontract the order without City’s written approval. Should City give consent, it will not relieve Seller from any obligations under this order and any transferee or subcontractor will be considered Seller’s agent.
13. INSURANCE. Seller must provide the insurance
indicated on the face sheet of this order.
14. PERMITS. Seller must procure all necessary
permits and licenses, and abide by all federal, state, and local laws, for performing this order.
15. INDEPENDENT CONTRACTOR. City and Seller
agree that Seller will act as an independent contractor and will have control of all work and the manner in which it is performed. Seller will be free to contract for similar service to be performed for other employers while under contract with City. Seller is not an agent or employee of City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees.
Any provision in this order that may appear to give City the right to direct Seller as to the details of doing the work or to exercise a measure of control over the work means the
Seller will follow the direction of the City as to end results of the work only.
16. WAIVER. City’s review or acceptance of, or
payment for, work product prepared by Seller under this order will not be construed to operate as a waiver of any rights City may have under this Agreement or of any cause of action arising from Seller’s performance. A waiver by City of any breach of any term, covenant, or condition
contained in this order will not be deemed to be a waiver of any subsequent breach of the same or any other term,
covenant, or condition contained in this order, whether of the same or different character.
17. INTERPRETATION. This Agreement was drafted
in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Mendocino County.
Agenda Item No: 8.e.
MEETING DATE/TIME: 5/7/2025
ITEM NO: 2025-467
AGENDA SUMMARY REPORT
SUBJECT: Approval of Five (5) Year Agreement with Fishbowl Inventory for Inventory Maintenance and Warehouse Management Software for a Total of $82,071.59, and Approve Corresponding Budget Amendment.
DEPARTMENT: Finance PREPARED BY: Myles Fisette, Purchasing Manager PRESENTER: Consent Calendar
ATTACHMENTS:
1. City of Ukiah Proposal -- 5 years
Summary: Council will consider approval of five (5) year agreement with Fishbowl Inventory for inventory maintenance and warehouse management software for a total of $82,071.59, and approval of corresponding budget amendment.
Background: The City is operating without a fully integrated computerized inventory system, relying on manual processes to manage and track inventory. This approach requires Staff to manually record items removed from shelves and utilize QuickBooks for managing inventory counts, consuming significant labor hours and increasing the potential for human error. Consequently, there have been instances where critical supplies were depleted without prior notice, leading to emergency situations and operational disruptions.
The City previously attempted to implement an inventory module within our existing Tyler Munis system; however, despite multiple efforts, these attempts were ultimately unsuccessful. The process was repeatedly hindered by technical issues and the module lacked the necessary functionality to meet the operational needs of our departments. As a result, the solution proved to be inefficient and unsustainable for long term use, prompting the need to pursue a more robust and reliable inventory management system.
The impending relocation of the Electric Utilities department to the Hastings property has created a time sensitive need for a reliable inventory management solution. With the transition introducing new logistical challenges and the need for greater coordination of supplies across multiple sites, it became clear that continuing with the current manual system would no longer be viable. Following a meeting with the City Manager, Staff was directed to explore third party inventory management solutions that could address the operational needs of all departments involved.
Discussion: Staff attended demonstrations and carefully evaluated proposals from Fishbowl Inventory, Sortly, Collective Data, and Acctivate, all of which are leading providers of inventory maintenance and warehouse management software. After reviewing the strengths and limitations of each solution, including functionality on the Purchasing side and the ease of use for the end users in our utility departments, Staff recommends proceeding with the purchase of the inventory maintenance and warehouse management software from Fishbowl Inventory for a five (5) year total amount of $82,071.59 (Attachment 1).
The following is the 5-year breakdown of fees:
Implementing this inventory software will enhance operational efficiency, reduce waste, and ensure accurate tracking of assets and supplies, all leading to improved accountability, cost savings, and better service delivery to the community.
A budget amendment will be necessary in the amount of $7,947.16 in the software account to cover for the first year cost of the agreement.
Recommended Action: Approve a five (5) year agreement with Fishbowl Inventory for inventory maintenance and warehouse management software for a total of $82,025, and approve corresponding budget amendment.
BUDGET AMENDMENT REQUIRED:
CURRENT BUDGET AMOUNT: 20413500.54320: $5,352.84; 20413500.52100: $9,620 PROPOSED BUDGET AMOUNT: 20413500.54320: $13,300; 20413500.52100: $9,620 FINANCING SOURCE: Cost Allocation
REVENUE: Yes / No GRANT: Yes / No
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Mary Horger, Financial Services Manager; Dave Mendez, Buyer II; Scott Bozzoli, Electrical Engineer Tech III
STRATEGIC PLAN (SP):
CLIMATE INITIATIVES (CI):
GENERAL PLAN ELEMENTS (GP):
Fishbowl Inventory
580 East Technology Ave.
Suite C1100
Orem, UT 84097
Quote
Date 4/30/2025
Customer Name City of Ukiah
Reference 431959
Term 5 year
Prepared By:
Email:
Chris Mann
[email protected]
Product Quantity Unit Price Discount Total
Recurring Products
Fishbowl Cloud Hosted Advanced Warehouse with AI
Warehouse Management Software for Efficient inventory tracking & robust order fulfillment with AI Capabilities
10 $6,650.00 $66,500.00
Fishbowl Advanced Mobile App
Powerful, easy-to-use mobile warehouse App and Barcode scanning solution
1 $0.00 $0.00
Subtotal: $66,500.00
Implementation and Services
Warehousing Implementation & Certification
Dedicated Implementation Specialist, Data Migration (not including history), Specialized Onboarding & Certification, Dedicated Go-Live Support *For Data Migration, client data must be in Quickbooks or CSV format
1 $4,000.00 -$1,600.00 $2,400.00
LilyPad Multi-Cart Data Exchange
LilyPad Multi-Cart Data Exchange (.CSV export of PO's and inventory) -- $1800/annually starting year 2
1 $5,400.00 $5,400.00
Custom Report
Custom Barcode Label -- Customer name
1 $1,500.00 -$975.00 $525.00
Lilypad Renewal
Renewal of .CSV accounting export -- Years 2-5
4 $1,800.00 $7,200.00
Subtotal: $15,525.00
Subtotal $82,025.00
Tax $46.59
Total $82,071.59
*Prices shown are in USD and exclude tax.
Have feedback?
Reach out to our CEO: [email protected]
Attachment 1
Agenda Item No: 8.f.
MEETING DATE/TIME: 5/7/2025
ITEM NO: 2025-468
AGENDA SUMMARY REPORT
SUBJECT: Approve Plans and Specifications for Corporation Yard Monitoring Well Abandonment Project.
DEPARTMENT: Public Works PREPARED BY: Seth Strader, Administrative Analyst PRESENTER: Tim Eriksen, Director of Public Works/City
Engineer
ATTACHMENTS:
1. PLANS
2. DRAFT 2024 Bid Specifications for Environmental Well Abandonment Summary: Council will consider the approval of plans and specifications for Corporation Yard Monitoring Well Abandonment Project.
Background: In the 1990's, a hydrocarbon leak was detected in an underground fuel tank that was used at the Corporation Yard at 1320 Airport Road. The City was required by the State Water Resources Control Board (SWRCB) to clean the site. The clean-up has been completed for several years and the site was declared clean by the SWRCB. As part of the clean-up process, several monitoring and sparging wells were installed. These wells were used to monitor the severity and spread of contaminants from the leak. This project will abandon these wells in order to close out the site with the SWRCB.
Discussion: The project includes the abandonment of a total of fifty-one(51) wells. Please see Attachment 1 for a copy of the plans and Attachment 2 for a copy of the bid specification. These costs will be reimbursed by an independent insurance policy obtained by the City. The insurer, Great American Insurance Group, has already approved this project.
The engineer's estimate for the well abandonment is $171,433 and project management is $53,707 for a total project cost of $225,140. Once the construction bid process is complete, a budget amendment will be requested at the time of the bid award to include both the construction and project management services, which will also include a report of the project management contract.
Staff recommends Council approve the plans and specifications for the Corporation Yard Monitoring Well Abandonment Project.
Recommended Action: Approve Plans and Specifications for Corporation Yard Monitoring Well Abandonment Project.
BUDGET AMENDMENT REQUIRED: Not at this time.
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: Insurance Proceeds
REVENUE: Yes / No GRANT: Yes / No
PREVIOUS CONTRACT/PURCHASE ORDER NO.:
COORDINATED WITH: Tim Eriksen, Director of Public Works/City Engineer STRATEGIC PLAN (SP):
CLIMATE INITIATIVES (CI):
GENERAL PLAN ELEMENTS (GP):
VICINITY MAP AERIAL MAP NOT TO SCALE ABBREVIATIONS MW-3 A3 LEGEND INDEX TO SHEETS SHEET NO. TITLE NOT TO SCALE BENCHMARK OS-8 DPE-8 17 SITE PROJECT 1Submittal / Revision: 234567 1 1320 AIRPORT ROAD
UKIAH, CALIFORNIA
ABANDONMENT OF ENVIRONMENTAL MONITORING & REMEDIATION WELLS TITLE SHEET City of Ukiah PLANS FOR ABANDONMENT OF ENVIRONMENTAL MONITORING AND REMEDIATION WELLS 1320 AIRPORT ROAD UKIAH, CALIFORNIA MENDOCINO COUNTY, CALIFORNIA APN 003-280-050 SPECIFICATION No. 24-08 ’ PROJECT SITE OFF-SITE WELL LOCATIONS DRAFT
ATTACHMENT 1
AIRPORT ROAD
NORTHWEST PACIFIC RAILROAD
UKIAH WELL #2 OS-4
OS-3
OS-2
OS-1
DPE-1
DPE-4
EW-1 DPE-3
AIRPORT PARK BOULEVARD
PacBell
MW-21B
MW-22
MW-23B
MW-24
SB-7
SB-8
SB-6
SB-5
SB-3
SB-4
APN
180-008-016
APN
180-008-025
CPT-13
MW-14B
MW-15
MW-13B
MW-19
MW-20
MW-6
MW-10
MW-11
MW-12B
MW-17
MW-18B
MW-7
MW-2
MW-4
MW-5
MW-8
B-1
B-2 B-3
B-15
B-14
B-13
B-11 B-12
B-16
B-10
B-6
(B-7)
(B-4)
B-17
(B-8)
(B-5)
(B-9)
(B-21)
(B-22)
B-18
B-19
CPT-5
CPT-6
CPT-10
CPT-12
CPT-9 CPT-8
CPT-14
CPT-13a
CPT-1
CPT-4
CPT-2
CPT-7
CPT-3 MW-16
CPT-11
UKIAH MUNICIPAL AIRPORT RUNWAY
P-2
P-1
OS-10
OS-9
OS-8
OS-7
OS-5
OS-13
OS-14
OS-11 OS-6
DPE-12
DPE-10
DPE-11
DPE-9
DPE-8
DPE-6 DPE-5
DPE-7
MW-9
(B-20)
OS-12
OS-15
OS-16
MW-3 DPE-2 1
Submittal / Revision: 234567
UKIAH WELL #2
LEGEND
MW-21B
B-15
CPT-1
MW-3
P-1
REMEDIATION
COMPOUND
DPE-3
OS-1 2
B,C3
B,C3
B,C3
B,C3
B,C3
B,C3
SEE SHEET 3
FOR DETAIL
(TYP)
A,C3
A,C3
A,C3
A,C3
A,C3
SEE SHEET 3
FOR DETAIL
(TYP)
A,D3
A,D3
A,D3
B,D3 B3
PRESSURE
GROUT DPE-9
PRESSURE GROUT MW-11.
HIGH PRESSURE NATURAL GAS
TRANSMISSION LINE PRESENT. 1320 AIRPORT ROAD UKIAH, CALIFORNIA City of Ukiah ABANDONMENT OF ENVIRONMENTAL MONITORING & REMEDIATION WELLS
DRAFT SITE MAP
C (E) CDF TRENCH BACKFILL (E) SAND BEDDING CONC. COLLAR CDF BACKFILL EXISTING AC OZONE SPARGE & DUAL PHASE EXTRACTION WELL BACKFILL DETAIL (PAVED AREAS) SAWCUT NEW AC SAWCUT MATCH EXISTING AC THICKNESS OR 4" MIN. CAP ON (E) PVC CONDUIT, TYP NEAT CEMENT WELL BACKFILL, TYP WELL DETAIL (TYP) B 24" WELL BOX AT GRADE, (TYP) (TRAFFIC RATED) 24" 2" OR 4" SCH 40 PVC CONDUIT10" 2" SCH 80 PVC PIPE DUAL PHASE EXTRACTION 18" CIRCULAR WELL BOX AT GRADE, (TYP), (TRAFFIC RATED) 18" OZONE SPARGE WELL DETAIL (TYP) A 1Submittal / Revision: 234567 3 1320 AIRPORT ROAD
UKIAH, CALIFORNIA
City of Ukiah 1 1/2" SCH 80 WELL CASING (EXISTING) 12" 18" 12" CONC. COLLAR CDF TRENCH BACKFILL 10"
MIN 8" MIN SAND BEDDING CONC. COLLAR CDF TRENCH BACKFILL 10"
MIN SAND BEDDING 8" MIN 2" OR 4" SCH 40 PVC CONDUIT D (E) CDF TRENCH BACKFILL (E) SAND BEDDING CONC. COLLAR CLASS II AGGREGATE BASE BACKFILL OZONE SPARGE & DUAL PHASE EXTRACTION WELL BACKFILL DETAIL (NON-PAVED AREAS) SAWCUT SAWCUT CAP ON (E) PVC CONDUIT, TYP NEAT CEMENT WELL BACKFILL, TYP
ABANDONMENT OF ENVIRONMENTAL MONITORING & REMEDIATION WELLS DRAFT
DETAILS
CITY OF UKIAH
MENDOCINO COUNTY, CALIFORNIA
SPECIAL PROVISIONS
FOR
ABANDONMENT OF ENVIRONMENTAL MONITORING AND REMEDIATION WELLS SPECIFICATION NO. 24-08
CITY OF UKIAH
DEPARTMENT OF PUBLIC WORKS
300 Seminary Avenue
Ukiah, California 95482-5400
Bids Open: _____,_______, 2025
2:00 p.m.
Office of City Clerk
ATTACHMENT 2
CITY OF UKIAH
MENDOCINO COUNTY, CALIFORNIA
CITY COUNCIL:
DOUGLAS CRANE – MAYOR
SUSAN SHER – VICE-MAYOR
JUAN OROZCO – COUNCIL MEMBER
HEATHER CRISS – COUNCIL MEMBER
MARI RODIN – COUNCIL MEMBER
SAGE SANGIACOMO – CITY MANAGER
TIM ERIKSEN - DIRECTOR OF PUBLIC WORKS / CITY ENGINEER
MARY HORGER – FINANCIAL SERVICES MANAGER
KRISTINE LAWLER – CITY CLERK
R. ALLEN CARTER - CITY TREASURER
CITY OF UKIAH
DEPARTMENT OF PUBLIC WORKS
MAY 2025
Environmental Well Abandonment iii Spec No. 24-08
TABLE OF CONTENTS
PAGE
NOTICE TO BIDDERS
INSTRUCTIONS TO BIDDERS ...................................................................................................................... 1
GENERAL CONDITIONS
SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS.............................................. 3 1-01. Definitions
1-02. Examinations of Plans, Special Provisions and Site of Work 1-03. Proposal
1-04. Withdrawal of Bids
1-05. Public Opening of Bids
1-06. Bid Guaranty
1-07. Qualification of Bidders
1-08. Disqualification of Bidders
1-09. Identification of Subcontractors
1-10. General Provisions of the Standard Specifications SECTION 2. AWARD AND EXECUTION OF CONTRACT .......................................................................... 5 2-01. Award of Contract
2-02. Return of Proposal Guaranties
2-03. Execution of Contract
SECTION 3. SCOPE AND INTENT OF CONTRACT ................................................................................... 5 3-01. Effect of Inspection and Payments
3-02. Effect of Extension of Time
3-03. Extra Work
3-04. Assignment of Contract
3-05. Subcontractors
3-06. Interpretation of Special Provisions and Drawings 3-07. Liability of City Officials
3-08. Dispute Resolution
SECTION 4. BONDS ..................................................................................................................................... 6 4-01. Faithful Performance Bond
4-02. Material and Labor Bond
4-03. Defective Material and Workmanship Bond
4-04. Notification of Surety Companies
SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS......................................................... 6 5-01. Minimum Scope of Insurance
5-02. Minimum Limits of Insurance
5-03. Deductibles and Self-Insured Retentions
5-04. Other Insurance Provisions
5-05. Acceptability of Insurers
5-06. Verification of Coverage
5-07. Subcontractors
Environmental Well Abandonment iv Spec No. 24-08
SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR......................................................... 8 6-01. Legal Address of Contractor
6-02. Office of Contractor at Site
6-03. Attention to Work
6-04. Liability of Contractor
6-05. Protection of Persons and Property
6-06. Protection of City Against Patent Claims
6-07. Protection of Contractor's Work Property
6-08. Regulations and Permits
6-09. Construction Utilities
6-10. Approval of Contractor's Plans
6-11. Suggestions to the Contractor
6-12. Termination of Unsatisfactory Subcontracts
6-13. Preservation of Stakes and Marks
6-14. Assistance to Engineer
6-15. Removal of Condemned Materials and Structures
6-16. Proof of Compliance with Contract
6-17. Errors and Omissions
6-18. Cooperation
6-19. Right of Contractor to Stop Work
6-20. Hiring and Dismissal of Employees
6-21. Wage Rates
6-22. Cleaning Up
6-23. Guaranty
SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY........................................................................ 13 7-01. Authority of the Engineer
7-02. Inspection
7-03. Surveys
7-04. Rights-of-Way
7-05. Retention of Imperfect Work
7-06. Changes in the Work
7-07. Additional Drawings by City
7-08. Additional and Emergency Protection
7-09. Suspension of Work
7-10. Right of City to Terminate Contract
7-11. Use of Completed Portions
SECTION 8. WORKMANSHIP, MATERIALS AND EQUIPMENT.............................................................. 16 8-01. General Quality
8-02. Quality in Absence of Detailed Specifications
8-03. Materials and Equipment Specified by Name
8-04. Source of Materials
8-05. Storage of Materials
8-06. Drawings, Samples and Tests
SECTION 9. PROSECUTION OF WORK ................................................................................................... 16 9-01. Equipment and Methods
9-02. Time of Completion
9-03. Avoidable Delays
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9-04. Unavoidable Delays
9-05. Notice of Delays
9-06. Extension of Time
9-07. Unfavorable Weather and Other Conditions
9-08. Saturday, Sunday, Holiday and Night Work
9-09. Hours of Labor
SECTION 10. PAYMENT............................................................................................................................. 18 10-01. Certification by Engineer
10-02. Progress Estimates and Payment
10-03. Substitution of Securities
10-04. Acceptance
10-05. Final Estimate and Payment
10-06. Delay Payments
10-07. Extra Work and Work Omitted
10-08. Compensation for Extra Work or Work Omitted
10-09. Compensation to the City for Extension of Time
10-10. Liquidated Damages for Delay
SECTION 11. MISCELLANEOUS............................................................................................................... 21 11-01. Notice
11-02. Computation of Time
11-03 Claims Procedure Required by Public Contract Code Section 9204 11-04. Litigation and Forum Selection
11-05. Waiver
TECHNICAL SPECIFICATIONS
SECTION 12. GENERAL INFORMATION .................................................................................................. 25 12-01. Location and Scope of Work
12-02. Arrangement of Technical Specifications
12-03. Arrangement of Plans
12-04. Business Licenses
12-05. Permits
12-06. Standard Specifications and Standard Plans
12-07. Temporary Facilities
12-08. Public Convenience and Safety
12-09. Maintaining Traffic
12-10. Stream Pollution
12-11. Warranties
12-12. Utilities
12-13. Preconstruction Conference
12-14. Safety Requirements
SECTION 13. CONSTRUCTION DETAILS................................................................................................. 27 13-01. Scope
13-02. Personnel and Equipment
13-03. Permits, Certificates, Laws, and Ordinances
13-04. Well Abandonment
13-05. Disposal of Soil Cuttings, Decontamination Water, and Construction Debris 13-06. Environmental Control
13-07. Cleanup
Environmental Well Abandonment vi Spec No. 24-08
13-08. Payment
SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS................................................................. 31 14-01. Provisions to be Excluded from General Conditions SECTION 15. AMENDMENTS TO GENERAL CONDITIONS.................................................................... 31 15-01. Provisions of General Conditions to be Amended
CERTIFICATES AND DOCUMENTS
BID SUBMITTAL CHECKLIST...................................................................................................................... 32 PROPOSAL ............................................................................................................................................. 33 BIDDING SCHEDULE................................................................................................................................... 34 FAIR EMPLOYMENT PRACTICES CERTIFICATION ................................................................................. 37 WORKER'S COMPENSATION CERTIFICATE............................................................................................ 38 CERTIFICATE OF NONDISCRIMINATION IN EMPLOYMENT................................................................... 39 LIST OF PROPOSED SUBCONTRACTORS............................................................................................... 40 STATEMENT OF EXPERIENCE OF BIDDER.............................................................................................. 41 SIGNATURE OF BIDDER............................................................................................................................. 42 BIDDER'S BOND .......................................................................................................................................... 43 NON-COLLUSION AFFIDAVIT..................................................................................................................... 44 AGREEMENT ............................................................................................................................................. 45 INDEMNIFICATION AGREEMENT .............................................................................................................. 49 EXAMPLE BOND FORMS............................................................................................................................ 50 DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND ............ 55 DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND ................................................ 56
INSURANCE CERTIFICATES AND ENDORSEMENT FORMS
APPENDICES: APPENDIX A
CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA
NOTICE TO BIDDERS FOR ENVIRONMENTAL WELL ABANDONMENT SPECIFICATION NO. 24-08 NOTICE IS HEREBY GIVEN that sealed standard proposals for Environmental Well Abandonment will be received at the Office of the City Clerk, Ukiah Civic Center, 300 Seminary Avenue, Ukiah California until 2:00 p.m. on _______ ____, 2025, at which time, or as soon thereafter as possible, they will be publicly opened and read. Bids shall be addressed to the City Clerk and shall be endorsed “Environmental Well Abandonment “. Bids are required for the entire work described herein. No fax bids will be accepted.
ENGINEER'S ESTIMATE OF QUANTITIES
Item No. Description Quantity Unit of Measure
1. Site Preparation, Mobilization and Demobilization 1 Lump Sum
2. Agency Fees, Including Permits and Inspection 1 Lump Sum
3. Monitoring Well Abandonment 620 Vertical Feet
4. Remediation Well Abandonment 612 Vertical Feet
5. Cement Grout Well Backfill 1,232 Vertical Feet
6. Restore Former Monitoring Well Locations to Match
Existing Conditions 23 Each
7. Sawcut Existing Asphalt Paving and/or Concrete at
Existing Remediation Well Boxes 350 Linear Feet
8. Remove, Haul, and Dispose of Remediation Well
Box; Remove Concrete Collar; and Cut & Cap
Conduit
28 Each
9. Backfill Remediation Well Boxes with CDF to 4”
Minus 7 Cubic Yards
10. Replace Asphalt Concrete at Remediation Well Box
Locations 360 Square Feet
11. Backfill Remediation Well Boxes with Class II
Aggregate Base to Final Grade 2.5 Cubic Yards
Plans and Special Provisions may be inspected and/or copies obtained from the City’s website at www.cityofukiah.com/purchasing. No bid will be considered unless it is made on the forms furnished by the City and is made in accordance with the details of the Special Provisions. Each bidder must be licensed as required by law. Further information regarding the work or these specifications can be obtained by calling Myles Fisette, Purchasing Manager at (707) 463-6225 or by email at [email protected].
The City Council reserves the right to reject any or all bids and to determine which proposal is, in its opinion, the lowest responsive bid by a responsible bidder and which it deems in the best interest of the City to accept. The City Council also reserves the right, but not the obligation, to waive any irregularity or failure to strictly comply with the bidding requirements, that the City determines in the reasonable exercise of its discretion does not provide the bidder with a competitive advantage over other bidders.
No contractor or subcontractor may be listed on a bid proposal for a public works unless registered with the Department of Industrial Relations (“DIR”) pursuant to Labor Code section 1725.5 except as allowed. under Labor Code section 1771.1(a). The prime contractor shall be responsible for posting job site notices as prescribed by regulation. This project is subject to compliance monitoring and enforcement by the DIR.
Pursuant to provisions of Section 1770, including amendments thereof, of the Labor Code of the State of California, the Director of the Department of Industrial Relations, State of California, has ascertained the general prevailing rate of wages for straight time, overtime, Saturdays, Sundays and Holidays including employer payment for health and welfare, vacation, pension and similar purposes. Copies of the General Prevailing Wage Determination (applicable to the work), for the locality in which the work is to be done are available on the Internet at web address: http://www.dir.ca.gov/DLSR/PWD/ The prime contractor for the work herein shall possess a current, valid State of California C-57 Water Well Contractor's License. Pursuant to California Public Contract Code
§22300, this contract includes provisions that allow substitutions of certain types of securities in lieu of the City withholding a portion of the partial payments due the Contractor to insure performance under this contract.
By order of the City Council, City of Ukiah, County of Mendocino, State of California.
Dated:________________________ ________________________________________ Kristine Lawler, City Clerk, City of Ukiah, California
PUBLISH ONCE:
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INSTRUCTIONS TO BIDDERS
Environmental Well Abandonment shall be performed in accordance with the Plans and Special Provisions therefor adopted, to which special reference is hereby made.
Each bidder must supply all the information required by the bid documents and Special Provisions.
Minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color or national origin in consideration for an award of any contract entered into pursuant to this advertisement. Women will be afforded equal opportunity in all areas of employment. However, the employment of women shall not diminish the standards or requirements for the employment of minorities.
All proposals or bids shall be accompanied by a cashier's check or certified check payable to the order of the City of Ukiah amounting to 10 percent of the bid, or by a bond in said amount and signed by the bidder and a corporate surety, payable to said City. Said check shall be forfeited, or said bond shall become payable to said City in case the bidder depositing the same does not, within fifteen (15) days after written notice that the contract has been awarded to him: (a) enter into a contract with the City and (b) furnish certificates of insurance and endorsements, a bond of faithful performance and a payment bond as described in the Special Provisions.
No bidder shall withdraw his or her bid for a period of thirty (30) calendar days after the date set by the City for the opening thereof.
The Contractor and any subcontractors shall each possess a valid City of Ukiah Business License prior to the start of any work.
The Contractor shall furnish a project schedule to the Engineer prior to the start of any work and start work as scheduled.
The work is to be completed within sixty (60) calendar days. The Contractor will pay to the City the sum of five hundred ($500.00) dollars per day for each and every calendar day's delay beyond the time prescribed.
The staff shall notify a bidder by telephone, email or fax, if it intends to recommend the rejection of the bidder’s bid.
Any bid protest must be filed with the City Clerk not more than five calendar days following the bid opening, or 2 calendar days following notice that staff is recommending the rejection of a bid. If any such timely written protest is filed, all bidders shall be provided a copy of the protest within 2 calendar days of its receipt, which may be delivered to the bidders as an email attachment or by fax. All such bidders may file with the City Manager a written objection or other response to the protest.
All objections or responses filed not more than 5 days after receipt of the written protest will be presented to the City Council at its next regular meeting occurring not less than 12 calendar days following the bid opening. The City Council will resolve the bid protest at that meeting based on the written protest, any staff recommendation and all timely written objections and responses. In accordance with the Brown Act, any person may address the City Council on this item during the meeting. The City Council action on the protest shall represent a final decision by the City on the protest.
Examination of Site, Drawings, Etc.
Each bidder shall visit the site of the proposed work and fully acquaint himself with local conditions, construction and labor required so that he or she may fully understand the facilities, difficulties and restrictions attending the execution of the work under the Contract. Bidders shall thoroughly examine and be familiar with the Plans and Special Provisions. The failure of any bidder to receive or examine any form, instrument, addendum, or other document, or to visit the site and acquaint himself with conditions there existing, shall in no way relieve the bidder from any obligation with respect to his or her proposal or to the contract. The drawings for the work show conditions as they are supposed or believed by the Engineer to exist; but, it is neither intended nor shall it be inferred that the conditions as shown thereon constitute a representation by the Engineer, the City or its officers that such conditions are actually existent, nor shall the City, the Engineer or any of their officers or representatives
Environmental Well Abandonment 2 Spec. No. 24-08
be liable for any loss sustained by the Contractor as a result of a variance between the conditions shown on the drawings and the conditions actually revealed during the progress of the work or otherwise.
The bidder's attention is directed to the possible existence of obstructions and public improvements within the limits of the work or adjacent thereto, which may or may not be shown on the Drawings. Any bid shall take into consideration that conditions may exist underground or otherwise that are not known to the City or easily detected during a site inspection that could impact the time or cost of completing the project. The City expects the bids to anticipate such conditions so that it can know for budgeting and other purposes the total cost to complete the project before accepting a bid and undertaking the legal obligation to construct the project. In awarding the contract the City relies on the contractor’s representation that its bid anticipates differing site conditions and the additional time or cost that such conditions may necessitate.
The bidder shall investigate to his or her satisfaction the conditions to be encountered, the character, quality and quantities of work to be performed and materials to be furnished and the requirements of the Plans, Special Provisions, Standard Specifications, Standard Plans, and Contract Documents. The submission of a proposal shall be considered conclusive evidence that the bidder has made such examination and has accepted the project workplace as a safe workplace to perform the work of the Contract.
Bidder Inquiries and Questions
Inquiries and questions must be submitted in writing via email to the following designated contact person:
Myles Fisette, Purchasing Manager
Email: [email protected]
The City reserves the right to not respond to inquiries or questions submitted within 3 business days of the bid opening.
Location of the Work
All of the work to be performed is within the City of Ukiah. Project is located at 1320 Airport Road, Ukiah, California 95482.
Environmental Well Abandonment 3 Spec. No. 24-08
GENERAL CONDITIONS
SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS 1-01. Definitions. Whenever any word or expression defined in this section, or pronoun used in its stead, occurs in these contract documents, it shall have and is mutually understood to have the meaning given:
a. "City of Ukiah" or "City" shall mean the City of Ukiah, Mendocino County, California, acting through its City Council or any other board, body, official or officials to which or to whom the power belonging to the Council shall by virtue of any act or acts, hereafter pass or be held to appertain.
b. "Engineer" shall mean the Engineer duly and officially appointed by the City to supervise and direct the work of construction under this contract, acting personally or through agents or assistants duly authorized by him, such agents or assistants acting within the scope of the particular duties entrusted to them.
c. "Inspector" shall mean the engineering or technical inspector or inspectors duly authorized or appointed by the Engineer, limited to the particular duties entrusted to him or her or them. d. "Contractor" shall mean the party entering into contract with the City of Ukiah for the performance of work covered by this contract and his or her authorized agents or legal representatives. e. "Date of signing of contract" or words equivalent thereto, shall mean the date upon which this contract, with the signature of the Contractor affixed, together with the prescribed bonds, shall be or shall have been delivered to the City or its duly authorized representatives. f. "Day" or "days", unless herein otherwise expressly defined, shall mean a calendar day or days of twenty-four hours each.
g. "The work" shall mean and include all the work specified, indicated, shown or contemplated in the contract to construct the improvement, including all alterations, amendments or extensions thereto made by contract change order or other written orders of the Engineer. h. "Contract drawings", "drawings", "plans" shall mean and include 1) all drawings or plans which may have been prepared by or on behalf of the City, as a basis for proposals, when duly signed and made a part of this contract by incorporation or reference, 2) all drawings submitted in pursuance of the terms of this contract by the successful bidder with his or her proposal and by the Contractor to the City if and when approved by the Engineer and 3) all drawings submitted by the Engineer to the Contractor during the progress of the work as provided for herein. i. Where "as shown", "as indicated", "as detailed" or words of similar import are used, it shall be understood that reference to the drawings accompanying these Special Provisions is made unless stated otherwise.
Where "as directed", "as permitted", "approved" or words of similar import are used, it shall be understood that the direction, requirements, permission, approval or acceptance of the Engineer is intended unless stated otherwise.
As used herein, "provide" or "install" shall be understood to mean "provide or install complete in place", that is, "furnish and install". "Shall" is mandatory; "may" is permissive. 1-02. Examination of Plans, Special Provisions and Site of Work. The bidder shall examine carefully the Proposal, Plans, Special Provisions, Contract forms and the site of the work contemplated therefor. It will be assumed that the bidder has investigated to his or her satisfaction the conditions to be encountered and the character, quality and requirements of all Plans, Special Provisions, Standard Specifications, and Standard Plans involved.
Environmental Well Abandonment 4 Spec. No. 24-08
1-03. Proposal. Bids shall be made on the blank forms prepared by the City. All bids shall give the prices bid, both in writing and in figures and shall be signed by the bidder or his or her authorized representative, with his or her address. If the bid is made by an individual or partner, his or her name and the post office address of his or her business or partnership, along with his or her signature or the signature of one or more partners must be shown; if made by a corporation, the bid shall show the name of the state under the laws of which the corporation is chartered, the name of the corporation and the title of the person who signs on behalf of the corporation.
Each proposal shall be enclosed in a sealed envelope, endorsed as specified in the notice to bidders. Bidders are warned against making erasures or alterations of any kind and proposals which contain omissions, erasures, conditions, alterations, additions not called for, additional proposals or irregularities of any kind may be rejected. 1-04. Withdrawal of Bids. Any bid may be withdrawn at any time prior to the hour fixed in the notice to bidders for the openings of bids, provided that a request in writing, executed by the bidder or his or her duly authorized representative, for the withdrawal of such bid is filed with the City. The withdrawal of a bid will not prejudice the right of a bidder to file a new bid.
1-05. Public Opening of Bids. Bids will be opened and read publicly at the time and place indicated in the notice to bidders. Bidders or their agents are invited to be present. 1-06. Bid Guaranty. Each bid must be accompanied by a certified check, cashier's check or bidder's bond executed by an admitted surety insurer, payable to the order of the City of Ukiah in an amount not less than 10 percent of the bid as a guarantee that the bidder will enter into a contract, if awarded the work. 1-07. Qualification of Bidders. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. The prime contractor shall be responsible for posting job site notices as prescribed by regulation. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
Each bidder shall be licensed under the provisions of Chapter 9, Division 3 of the Business and Professions Code and shall be skilled and regularly engaged in the general class or type of work called for under this contract. A statement setting forth this experience and business standing shall be submitted by each bidder on the form provided herewith. It is the intention of the City to award a contract only to a bidder who furnishes satisfactory evidence that he or she has the requisite experience and ability and that he or she has sufficient capital, facilities and equipment to enable him or her to prosecute the work successfully and promptly within the time and in the manner agreed.
In determining the degree of responsibility to be credited to a bidder, the City may weigh evidence that the bidder or his or her personnel charged with the responsibility in the work, has performed satisfactorily other contracts of like nature and magnitude or comparable difficulty at similar rates of progress. 1-08. Disqualification of Bidders. More than one bid from an individual business, partnership, corporation or association, under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is financially interested in more than one bid for the work will cause the rejection of all bids in which he or she is so interested. If there is reason to believe that collusion exists among the bidders, none of the participants in such collusion will be considered. Bids in which the prices obviously are unbalanced may be rejected. 1-09. Identification of Subcontractors. All bids shall comply with the Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100 and following) and shall set forth:
(a) The name and the location of the place of business of each subcontractor who will perform work or labor, or render service to the prime contractor in or about the construction of the work, or to a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work according to detailed drawings contained in the plans and Special Provisions, in an amount in excess of one-half of 1 percent of the prime contractor's total bid.
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(b) The portion of the work which will be done by each such subcontractor. The prime contractor shall list only one subcontractor for each such portion defined by the prime contractor in his or her bid. 1-10. General Provisions of the Standard Specifications. All provisions of the General Provisions, Sections 1 through 11, of the Standard Specifications, shall be applicable to the contract except as modified by these Special Provisions. The Standard Specifications are set forth in Section 12-06 of these Special Provisions.
SECTION 2. AWARD AND EXECUTION OF CONTRACT
2-01. Award of Contract. Award of the contract, if it be awarded, will be to the lowest responsible bidder whose bid complies with all the specified requirements. The award, if made, will be made within thirty (30) days after opening of the bids. The City reserves the right to reject any and all bids and to waive any irregularity in the proposal not pertaining to cost.
2-02. Return of Proposal Guaranties. All bid guaranties will be held until the contract has been fully executed, after which they will be returned upon request to the respective bidders whose bids they accompany. 2-03. Execution of Contract. The contract agreement shall be executed in duplicate by the successful bidder and returned, together with the contract bonds, insurance certificates and endorsements, within fifteen (15) days after written notice of the award of the contract. After execution by the City; one copy shall be filed with the City and one copy shall be returned to the Contractor. If the bidder fails or refuses to enter into the contract agreement within the required time, then the bid guaranty accompanying the bid shall be forfeited to the City.
SECTION 3. SCOPE AND INTENT OF CONTRACT
3-01. Effect of Inspection and Payments. Neither the inspection by the Engineer or an inspector, nor any order, measurement or approved modification, nor certificate or payment of money, nor acceptance of any part or whole of the work, nor any extension of time, nor any possession by the City or its agents, shall operate as a waiver of any provision of this contract or of any power reserved therein to the City, or of any right to damages thereunder; nor shall any breach of this contract be held to be a waiver of any subsequent breach. All remedies shall be construed as cumulative.
3-02. Effect of Extension of Time. The granting of any extension of time on account of delays which, in the judgement of the City, are avoidable delays shall in no way operate as a waiver on the part of the City of its rights under this contract.
3-03. Extra Work. If extra work orders are given in accordance with provisions of this contract, such work shall be considered a part hereof and shall be subject to each and all of its terms and requirements. 3-04. Assignment of Contract. The contract may be assigned or sublet in whole or in part only upon the written consent of the City acting through its authorized agents. Consent will not be given to any proposed assignment which would relieve the original contractor or its surety of their responsibilities under the contract nor will the Engineer consent to any assignment of a part of the work under the contract. 3-05. Subcontractors. The Contractor shall be as fully responsible for the acts and omissions of his or her subcontractors and of persons either directly or indirectly employed by them, as he or she is for the acts and omissions of persons directly employed by him.
The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the terms of this Contract which are applicable to the work of subcontractors.
Nothing contained in this contract shall be construed to create or shall be relied upon to create any contractual relationship between any subcontractor and the City and no action may be brought by any subcontractor against the City based on this contract.
3-06. Interpretation of Special Provisions and Drawings. The Special Provisions and the Contract Drawings are intended to be explanatory of each other. Any work indicated in the Contract Drawings and not in the Special Provisions, or vice versa, is to be executed as if indicated in both. In case of a discrepancy or conflict between the
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Technical Specifications and Contract Plans, the Technical Specifications shall govern. All work shown on the Contract Drawings, the dimensions of which are not figured, shall be accurately followed to the scale to which the drawings are made, but figured dimensions are in all cases to be followed, where given, though they differ from scaled measurements. Large scale drawings shall be followed in preference to small scale drawings. Should it appear that the work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in these contract documents, including the contract drawings, the Contractor shall apply to the Engineer for such further explanations as may be necessary and shall conform thereto as part of this contract, so far as may be consistent with the terms of this contract. In the event of any doubt or questions arising respecting the true meaning of the Special Provisions, reference shall be made to the Engineer and his or her decision thereon shall be final. If the Contractor believes that a clarification or interpretation justifies an increase in the contract price or contract time, the Contractor must comply with the written notice provisions of Sections 9-05 and 10-07 of these Special Provisions. Contractor’s attention is directed to Section 12-06 of the Technical Specifications regarding the Standard Specifications and Standard Plans.
3-07. Addenda. If it becomes necessary to revise any part of these plans and specifications after they have been released, the City will issue an addendum containing the revision. All addenda will be posted on the City’s website at www.cityofukiah.com/purchasing with the rest of the bid documents. Anyone who intends to submit a bid in response to this Request for Bid must check the website frequently for any posted addenda. Anyone submitting a bid will be deemed to have seen and agreed to be bound by the posted addenda. 3-08. Liability of City Officials. No city official, nor the Engineer, nor any authorized assistant of any of them, shall be personally responsible for any liability arising under this contract. 3-09. Dispute Resolution. Claims of $375,000 or less by the Contractor that arise under this Contract are subject to the mandatory dispute resolutions provisions in Public Contract Code Sections 20104-20104.6.
SECTION 4. BONDS
4-01. Faithful Performance Bond. As a part of the execution of this contract, the Contractor shall furnish a bond of a surety company or other securities providing equivalent protection such as cash, letter of credit, or certificates of deposit, acceptable to the City, conditioned upon the faithful performance of all covenants and stipulations under this contract. The amount of the bond shall be 100 percent of the total contract price, as this sum is set forth in the agreement.
4-02. Material and Labor Bond. As a part of the execution of this contract, the Contractor shall furnish a bond of a surety company or other securities providing equivalent protection such as cash, letter of credit or certificates of deposit acceptable to the City in a sum not less than 50 percent of the total contract price, as this sum is set forth in the agreement for the payment in full of all persons, companies or corporations who perform labor upon or furnish materials to be used in the work under this contract, in accordance with the provisions of Sections 3247 through 3252 inclusive of the Civil Code of the State of California and any acts amendatory thereof. 4-03. Defective Material and Workmanship Bond. As a condition precedent to the completion of this contract, the Contractor shall furnish a bond of a surety company acceptable to the City in an amount not less than 5 percent (5%) of the final contract price, to hold good for a period of one (1) year after the completion and acceptance of the work, to protect the City against the results of defective materials, workmanship and equipment during that time. This bond shall be delivered to the City before the final payment under this contract will be made. 4-04. Notification of Surety Companies. The surety companies shall familiarize themselves with all of the conditions and provisions of this contract and they waive the right of special notification of any change or modification of this contract or of extension of time, or decreased or increased work, or of the cancellation of the contract, or of any other act or acts by the City or its authorized agents, under the terms of this contract; and failure to so notify the aforesaid surety companies of changes shall in no way relieve the surety companies of their obligation under this contract.
SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS
(WITH CONSTRUCTION RISKS)
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Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. 5-01. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial Liability Coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
3. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Course of Construction insurance covering for “all risks” of loss. 5-02. Minimum Limits of Insurance
Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury and property damage.
4. Course of Construction: Completed value of the project with no co-insurance penalty provisions. 5-03. Deductibles and Self-insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
5-04. Other Insurance Provisions.
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees and volunteers are to be covered as Additional Insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations.
General liability coverage can be provided in the form of an endorsement to the Contractor's insurance, or as a separate owner's policy.
2. The workers’ compensation policy is to be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City.
3. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees or volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
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4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.
5. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of Civil Code.
6. Course of Construction policies shall contain the following provisions:
a.) The City shall be named as loss payee.
b.) The insurer shall waive all rights of subrogation against the City. 5-05. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than the following:
A++ VII A- VIII
A+ VII B++ X
A VII B+ X
5-06. Verification of Coverage. Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements shall be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received within 15 days from written notice of contract award, and the work shall not commence until the certificates and endorsements have been approved by the City. The City reserves the right to require complete certified copies of all required insurance policies, including endorsements affecting the coverage required by these Special Provisions at any time. 5-07. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR
6-01. Legal Address of Contractor. Both the address given in the proposal and the Contractor's office in the vicinity of the work are hereby designated as places to either of which drawings, samples, notices, letters or other articles or communications to the Contractor may be mailed or delivered. The delivery at either of these places of any such thing from the City or its agents to the Contractor shall be deemed sufficient service thereof upon the Contractor and the date of such service shall be the date of such delivery. The address named in the proposal may be changed at any time by notice in writing from the Contractor to the City. Nothing herein contained shall be deemed to preclude or render inoperative the service of any drawing, sample, notice, letter or other article or communication to or upon the Contractor personally.
6-02. Office of Contractor at Site. During the performance of this contract, the Contractor shall maintain a suitable office at the site of the work which shall be the headquarters of a representative authorized to receive drawings and any such thing given to the said representatives or delivered at the Contractor's office at the site of work in his or her absence shall be deemed to have been given to the Contractor. 6-03. Attention to Work. The Contractor shall give his or her personal attention to and shall supervise the work to the end that it shall be prosecuted faithfully and when he or she is not personally present on the work, he or she shall at all reasonable times be represented by a competent superintendent or foreman who shall receive and obey all instructions or orders given under this contract and who shall have full authority to execute the same and to supply materials, tools and labor without delay and who shall be the legal representative of the Contractor. The Contractor shall be liable for the faithful observance of any instructions delivered to him or her or to his or her authorized representative.
6-04. Liability of Contractor. The Contractor shall do all of the work and furnish all labor, materials, tools and appliances, except as otherwise herein expressly stipulated, necessary or proper for performing and completing the work herein required in the manner and within the time herein specified. The mention of any specific duty or
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liability imposed upon the Contractor shall not be construed as a limitation or restriction of any general liability or duty imposed upon the Contractor by this contract, said reference to any specific duty or liability being made herein merely for the purpose of explanation.
The right of general supervision by the City shall not make the Contractor an agent of the City and the liability of the Contractor for all damages to persons or to public or private property, arising from the Contractor's execution of the work, shall not be lessened because of such general supervision.
Until the completion and final acceptance by the City of all the work under and implied by this contract, the work shall be under the Contractor's responsible care and charge. The Contractor shall rebuild, repair, restore and make good all injuries, damages, re-erections and repairs, occasioned or rendered necessary by causes of any nature whatsoever, excepting only acts of God and none other, to all or any portions of the work, except as otherwise stipulated.
To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the City and its officers, directors, agents and employees from and against all claims, damages, losses and expenses including but not limited to attorneys' fees, costs of suit, expert witness fees and expenses and fees and costs of any necessary private investigators arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, other than the work itself, including the loss of use resulting therefrom and (2) is caused in whole or in part by any act or omission of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder, or by the negligence or omission of a party indemnified herein.
In any and all claims against the City or any of its agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts, or other employee benefit acts. The obligation to indemnify shall extend to and include acts of the indemnified party which may be negligent or omissions which may cause negligence.
The City shall have the right to estimate the amount of such damage and to cause the City to pay the same and the amount so paid for such damage shall be deducted from the money due the Contractor under this contract; or the whole or so much of the money due or to become due the Contractor under this contract as may be considered necessary by the City, shall be retained by the City until such suits or claims for damages shall have been settled or otherwise disposed of and satisfactory evidence to that effect furnished to the City. 6-05. Protection of Persons and Property. The Contractor shall furnish such watchman, guards, fences, warning signs, walks and lights as shall be necessary and shall take all other necessary precautions to prevent damage or injury to persons or property.
All property line fences and improvements in the vicinity of the work shall be protected by the Contractor and, if they are injured or destroyed, they and any other property injured by the Contractor, his or her employees or agents, shall be restored to a condition as good as when he or she entered upon the work. 6-06. Protection of City Against Patent Claims. All fees, royalties or claims for any patented invention, article or method that may be used upon or in any manner connected with the work under this contract shall be included in the price bid for the work and the Contractor and his or her sureties shall protect and hold the City, together with all of its officers, agents, servants and employees, harmless against any and all demands made for such fees or claims brought or made on account of this contract. The Contractor shall, if requested by the Engineer, furnish acceptable proof of a proper release from all such fees or classes.
Should the Contractor, his or her agents, servants or employees, or any of them be enjoined from furnishing or using any invention, article, material or appliance supplied or required to be supplied or used under this contract, the Contractor shall promptly substitute other articles, materials or appliance, in lieu thereof, of equal efficiency, quality, finish, suitability and market value and satisfactory in all respects to the Engineer. Or, in the event that the Engineer elects, in lieu of such substitution, to have supplied and to retain and use, any such invention, article, material or appliance, as may by this contract be required to be supplied, in that event the Contractor shall pay
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such royalties and secure such valid licenses as may be requisite and necessary for the City, its officers, agents, servants and employees, or any of them, to use such invention, article, material or appliance without being disturbed or in any way interfered with by any proceeding in law or equity on account thereof. Should the Contractor neglect or refuse to make the substitution promptly, or to pay such royalties and secure such licenses as may be necessary, then in that event the Engineer shall have the right to make such substitution, or the City may pay such royalties and secure such licenses and charge the cost thereof against any money due to the Contractor from the City or recover the amount thereof from him or her and his or her sureties notwithstanding final payment under this contract may have been made.
6-07. Protection of Contractor's Work Property. The Contractor shall protect his or her work, supplies and materials from damage due to the nature of the work, the action of the elements, trespassers, or any cause whatsoever under his or her control, until the completion and acceptance of the work. Neither the City nor any of its agents assumes any responsibility for collecting indemnity from any person or persons causing damage to the work of the Contractor.
6-08. Regulations and Permits. The Contractor shall secure and pay for all permits, give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the Plans and Special Provisions are at variance therewith, he or she shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. The contractor and any subcontractors shall each secure and maintain a valid City of Ukiah Business License. The City of Ukiah will issue a no fee encroachment permit to the Contractor allowing him or her to perform work within City right of way or within City property after the Contract Documents have been executed and insurance certificates and endorsements have been approved by the City. 6-09. Construction Utilities. The Contractor shall be responsible for providing for and in behalf of his or her work under this contract, all necessary utilities, such as special connection to water supply, telephones, power lines, fences, roads, watchmen, suitable storage places, etc.
6-10. Approval of Contractor's Plans. The approval by the Engineer of any drawing or any method of work proposed by the Contractor in accordance with paragraph 8-06 shall not relieve the Contractor of any of his or her responsibility for his or her errors therein and shall not be regarded as any assumption of risk or liability by the City or any officer or employee thereof and the Contractor shall have no claim under this contract on account of the failure or partial failure or inefficiency of any plan or method so approved. Such approval shall be considered to mean merely that the Engineer has no objection to the Contractor's using, upon his or her own full responsibility the plan or method approved.
6-11. Suggestions to the Contractor. Any plan or method of work suggested by the Engineer to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor; and the Engineer and the City shall assume no responsibility thereof. 6-12. Termination of Unsatisfactory Subcontracts. Should any subcontractor fail to perform in a satisfactory manner the work undertaken by him, such subcontract shall be terminated immediately by the Contractor upon notice from the Engineer.
6-13. Preservation of Stakes and Marks. The Contractor shall preserve carefully bench marks, reference points and stakes and in case of destruction he or she shall replace his or her stakes, reference points and bench marks and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance.
Contractor’s attention is directed to Section 7-03 of these Special Provisions. 6-14. Assistance to Engineer. At the request of the Engineer the Contractor shall provide men from his or her force and tools, stakes and other materials to assist the Engineer temporarily in making measurements and surveys and in establishing temporary or permanent reference marks. Payment for such materials and assistance will be made as provided for under the caption "Extra Work," provided, however, that the cost of setting stakes and marks carelessly lost or destroyed by the Contractor's employees will be assessed to the Contractor. 6-15. Removal of Condemned Materials and Structures. The Contractor shall remove from the site of the work, without delay, all rejected and condemned materials or structures of any kind brought to or incorporated in the work and upon his or her failure to do so, or to make satisfactory progress in so doing, within forty-eight (48) hours after the service of a written notice from the Engineer, the condemned material or work may be removed by
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the City and the cost of such removal shall be taken out of the money that may be due or may become due the Contractor on account of or by virtue of this contract. No such rejected or condemned material shall again be offered for use by the Contractor under this Contract.
6-16. Proof of Compliance with Contract. In order that the Engineer may determine whether the Contractor has complied with the requirements of this contract, not readily enforceable through inspection and tests of the work and materials, the Contractor shall, at any time when requested, submit to the Engineer properly authenticated documents or other satisfactory proofs as to his or her compliance with such requirements. 6-17. Errors and Omissions. If the Contractor, in the course of the work, finds any errors or omissions in plans or in the layout as given by survey points and instruction, or if he or she finds any discrepancy between the plans and the physical conditions of the locality, he or she shall immediately inform the Engineer, in writing and the Engineer shall promptly verify the same. Any work done after such discovery, until authorized, will be done at the Contractor's risk.
6-18. Cooperation. The Contractor shall cooperate with all other contractors who may be performing work in behalf of the City and workmen who may be employed by the City on any work in the vicinity of the work to be done under this contract with the work of such contractors or workmen. He or she shall make good promptly, at his or her own expense, any injury or damage that may be sustained by other contractors or employees of the City at his or her hands.
Any difference or conflict which may arise between the Contractor and other contractors, or between the contractor and workmen of the City in regard to their work shall be adjusted and determined by the Engineer. If the work of the Contractor is delayed because of any acts or omissions of any other contractor or of the City, the Contractor shall on that account have no claim against the City other than for an extension of time. 6-19. Right of Contractor to Stop Work. Under the following conditions the Contractor shall have the right, if he or she so desires, to stop the work and terminate the contract upon ten (10) days written notice to the Engineer and recover from the City payment for all work actually performed and for all satisfactory materials actually delivered to the site of the work for permanent incorporation therein, all as may be shown by the estimate of the Engineer.
(1) If the work is stopped under an order of any court or other competent public authority for a period of time of three (3) months through no act or fault of the Contractor or of anyone employed by him or her.
(2) If the Engineer fails to issue the monthly certificate for payment in accordance with the terms of this contract.
(3) If the City fails to pay the Contractor within sixty (60) days after it shall have become due, as provided by the terms of this contract, any sum certified by the Engineer or awarded by the City.
All provided that if such action to terminate the contract be not instituted by the Contractor within ten (10) days after the alleged existence of such condition and if written notice of such action be not at that time delivered to the City and the Engineer, then such right shall lapse until another occasion arises according to this section. 6-20. Hiring and Dismissal of Employees. The Contractor shall employ only such foremen, mechanics and laborers as are competent and skilled in their respective lines of work and whenever the Engineer shall notify the Contractor that any person on the work is, in his or her opinion, incompetent, unfaithful, intemperate or disorderly, or refuses to carry out the provisions of this contract, or uses threatening or abusive language to any person on the work representing the City, or is otherwise unsatisfactory, such person shall be discharged immediately from the work and shall not be re-employed upon it except with the consent of the Engineer. 6-21. Wage Rates.
1. Contractor shall pay all mechanics and laborers employed or working upon the site of the work unconditionally and without subsequent deductions or rebate on any account the full amounts due at the time of payment at wage rates not less than those contained in the applicable prevailing wage
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determination, regardless of any contractual relationship which may be alleged to exist between the Contractor and subcontractors and such laborers and mechanics.
2. Contractor shall comply with the California Labor Code Section 1775. In accordance with said Section 1775, Contractor shall forfeit as a penalty to the Owner, $50.00 (or the higher minimum penalty as provided in Section 1775(B)(ii) – (iii)) for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for such work or craft in which such workman is employed for any work done under the Contract by him or her or by any subcontractor under him or her in violation of the provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less than the stipulated prevailing wage rate shall be paid to each workman by the Contractor.
3. Pursuant to the provision of Section 1770 of the Labor Code of the State of California, Owner has ascertained the general prevailing rate of wages (which rate includes employer payments for health and welfare, vacation, pension and similar purposes) applicable to the work to be done, for straight time work.
The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of workmen concerned. Copies of the General Prevailing Wage Determination are available on the Internet at web address:
http://www.dir.ca.gov/DLSR/PWD The Contractor shall post the wage determination at the site of work in a prominent place where it can easily be seen by the workers.
4. City will not recognize any claim for additional compensation because the Contractor has paid any rate in excess of the prevailing wage rate obtained by the Contractor. The possibility of wage increases is one of the elements to be considered by the Contractor in determining his or her bid and will not in any circumstances be considered as the basis for a claim against the City.
5. The Labor Commissioner through the Division of Labor Standards Enforcement (DLSE) may at any time require contractors and subcontractors to furnish electronic certified payroll records directly to DLSE.
Commencing with contracts awarded or after April 1, 2015, all contractors and subcontractors must furnish electronic certified payroll records directly to the DLSE.
6. Travel and Subsistence Payments.
Contractor shall make travel and subsistence payments to each workman needed to execute the work in accordance with the requirements in Section 1773.8 of the Labor Code (Chapter 880, Statutes of 1968).
7. Apprentices.
Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1968) and 1777.6 of the California Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Contractor and any subcontractor under him or her shall comply with the requirements of said sections in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 6-22. Cleaning Up. The Contractor shall not allow the site of the work to become littered with trash and waste material, but shall maintain the same in a neat and orderly condition throughout the construction period. The Engineer shall have the right to determine what is or is not waste material or rubbish and the place and manner of disposal.
On or before the completion of the work, the Contractor shall without charge therefore carefully clean out all pits, pipes, chambers or conduits and shall tear down and remove all temporary structures built by him or her and shall remove rubbish of all kind from any of the grounds which he or she has occupied and leave them in first class condition.
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6-23. Guaranty. All work shall be guarantied for a period of one year from the date of acceptance by the City. The Contractor shall promptly make all needed repairs arising out of defective materials, workmanship and equipment.
The City is hereby authorized to make such repairs if within ten days after the mailing of a notice in writing to the Contractor or his or her agent, the Contractor shall neglect to make or undertake with due diligence the aforesaid repairs, provided, however, that in case of an emergency where, in the opinion of the City delay would cause serious loss or damage, repairs may be made without notice being sent to the Contractor and the Contractor shall pay the costs thereof.
Pursuant to the provisions of Section 4-03 of these Special Provisions, the Contractor shall furnish a Defective Material and Workmanship Bond in an amount not less than 5 percent of the final contract price, which shall be effective for a period of one (1) year after the completion and acceptance of the work.
SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY
7-01. Authority of the Engineer. All work done under this contract shall be done in a workmanlike manner and shall be performed to the reasonable satisfaction of the Engineer, who shall have general supervision of all work included hereunder. To prevent disputes and litigation, the Engineer (1) shall in all cases determine the amount, quality, acceptability and fitness of the several kinds of work and materials which are to be paid for under this contract, (2) shall decide all questions relative to the true construction, meaning and intent of the Special Provisions and Drawings, (3) shall decide all questions which may arise relative to the classifications and measurements of quantities and materials and the fulfillment of this contract and (4) shall have the power to reject or condemn all work or material which does not conform to the terms of this contract. his or her estimate and decision in all matters shall be a condition precedent to an appeal for arbitration, or the right of the Contractor to receive, demand, or claim any money or other compensation under this agreement and a condition precedent to any liability on the part of the City to the Contractor on account of this contract. Whenever the Engineer shall be unable to act, in consequence of absence or other cause, then such engineer as the Engineer or the City shall designate, shall perform any and all of the duties and be vested with any or all of the powers herein given to the Engineer.
7-02. Inspection. The City will provide engineering personnel for the inspection of the work.
The Engineer and his or her representatives shall at all times have access to the work whenever it is in preparation or progress and the Contractor shall provide proper facilities for such access and inspection.
If the Special Provisions, the Engineer's instruction, laws, ordinances, or any public authority require any work to be specially tested or approved, the Contractor shall give the Engineer timely notice of its readiness for inspection and, if the inspection is by an authority other than the Engineer, of the date fixed for such inspection. Inspections by the Engineer shall be promptly made at the source of supply where practicable. If any work shall be covered up without approval or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination and properly restored at the Contractor's expense.
Re-examination of any work may be ordered by the Engineer and, if so ordered, the work must be uncovered by the Contractor. If such work is found to be in accordance with the contract documents, the City shall pay the cost of re-examination and replacement. If such work is not in accordance with the contract documents, the Contractor shall pay such cost.
Properly authorized and accredited inspectors shall be considered to be the representatives of the City limited to the duties and powers entrusted to them. It will be their duty to inspect materials and workmanship of those portions of the work to which they are assigned, either individually or collectively, under instructions of the Engineer and to report any and all deviations from the Drawings, Special Provisions and other contract provisions which may come to their notice. Any inspector may be considered to have the right to order the work entrusted to his or her supervision stopped, if in his or her opinion such action becomes necessary, until the Engineer is notified and has determined and ordered that the work may proceed in due fulfillment of all contract requirements. 7-03. Surveys. Contractor shall furnish all land surveys, establish all base lines and bench marks and make sufficient detailed surveys needed for working points, lines and elevations. The Contractor shall develop all slope stakes and batter boards. Contractor shall also develop all additional working points, lines and elevations as he or she may desire to facilitate his or her methods and sequence of construction.
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7-04. Rights-of-Way. The City will provide all necessary rights-of-way and easements in or beneath which work will be performed by the Contractor under this contract. 7-05. Retention of Imperfect Work. If any portion of the work done or material furnished under this contract shall prove defective and not in accordance with the Plans and Special Provisions, and if the imperfection in the same shall not be of sufficient magnitude or importance to make the work dangerous or undesirable, the Engineer shall have the right and authority to retain such work instead of requiring the imperfect work to be removed and reconstructed, but he or she shall make such deductions therefor in the payments due or to become due the Contractor as may be just and reasonable.
7-06. Changes in the Work. The Engineer shall have the right, in writing, to order additions to, omissions from, or corrections, alterations and modifications in the line, grade, form, dimensions, plan, or kind or amount of work or materials herein contemplated, or any part thereof, either before or after the beginning of construction. However, the arithmetical sum of the cost to the City of additions and subtractions from the work under this contract shall not exceed 10 percent of original contract amount or $5,000, whichever is the greater, unless based upon a supplementary agreement to be made therefore.
The order of such additions, omissions, corrections, alterations and modifications shall be in writing and signed by the Engineer and, in order, shall then be binding upon the Contractor. The Contractor shall proceed with the work as changed and the value of such change shall be determined as provided for in section 10-07 of these Special Provisions.
Such alterations shall in no way affect, vitiate, or make void this contract or any part thereof, except that which is necessarily affected by such alterations and is clearly the evident intention of the parties to this contract. 7-07. Additional Drawings by City. The drawings made a part of this contract at the time of its execution are intended to be fairly comprehensive and to indicate in more or less detail the scope of the work. In addition to these drawings, however, the Engineer shall furnish such additional drawings from time to time during the progress of the work as are necessary to make clear or to define in greater detail the intent of the Special Provisions and the contract drawings and the Contractor shall make his or her work conform to all such drawings. 7-08. Additional and Emergency Protection. Whenever, in the opinion of the Engineer, the Contractor has not taken sufficient precautions for the safety of the public or the protection of the works to be constructed under this contract, or of adjacent structures or property which may be injured by the processes of construction on account of such neglect and whenever, in the opinion of the Engineer, an emergency shall arise and immediate action shall be considered necessary in order to protect public or private, personal or property interest, then and in that event, the Engineer, with or without notice to the Contractor may provide suitable protection to the said interests by causing such work to be done and such material to be furnished as shall provide such protection as the Engineer may consider necessary and adequate.
The cost and expense of such work and material so furnished shall be borne by the Contractor and, if the same shall not be paid on presentation of the bills therefor, then such costs shall be deducted from any amounts due or to become due the Contractor.
The performance of such emergency work under the direction of the Engineer shall in no way relieve the Contractor from any damages which may occur during or after such precaution has been taken by the Engineer. 7-09. Suspension of Work. The City may at any time suspend the work or any part thereof by giving five (5) days written notice to the Contractor. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor so to do. The City shall reimburse the Contractor for expense incurred by the Contractor in connection with the work under this contract as a result of such suspension.
If the work, or any part thereof, shall be stopped by the notice in writing aforesaid and if the City does not give notice in writing to the Contractor to resume work at a date within ten (10) days of the date fixed in the written notice to suspend, then the Contractor may abandon that portion of the work so suspended and he or she will be entitled to the estimates and payments for all work done on the portions so abandoned, if any, plus 5 percent of the value of the work so abandoned, to compensate for loss of overhead, plant expense and anticipated profit.
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7-10. Right of City to Terminate Contract. If the Contractor should be adjudged a bankrupt, or if he or she should make a general assignment for the benefit of his or her creditors, or if a receiver should be appointed on account of his or her insolvency, or if he or she should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply sufficient properly skilled workmen or proper materials, or if he or she should fail to make prompt payments to subcontractors or for material or labor, or persistently disregard laws, ordinances or the instructions of the Engineer, or otherwise be guilty of a substantial violation of any provision of the contract, then the City, upon the certificate of the Engineer that sufficient cause exists to justify such action, may, without prejudice to any other right or remedy and after giving the Contractor seven days written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools and appliances and finish the work by whatever method the City may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative services, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the City. The expense incurred by the City as herein provided and the damage incurred through the Contractor's default, shall be certified by the Engineer. In the event that a termination under this section is determined to be improper, such termination shall be deemed a constructive termination for convenience taken pursuant to section 7-12 below. 7-11. Use of Completed Portions. The City shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding the time for completing the entire work or such portions which may not have expired; but such taking possession and using shall not be deemed an acceptance of any work not completed in accordance with the contract documents. If such prior use increases the cost of or delays the work, the Contractor shall be entitled to such extra compensation, or extension of time or both, as the Engineer may determine.
7-12. Right of City to Terminate Contract for Convenience. The City may terminate performance of the work called for by the contract documents in whole or, from time to time, in part, if the City determines that a termination is in the City’s best interest. The Contractor shall terminate all or any part of the work upon delivery to the Contractor of a notice of termination specifying that the termination is for the convenience of the City, the extent of termination, and the effective date of such termination. After receipt of notice of termination, and except as directed by the Engineer, the Contractor shall, regardless of any delay in determining or adjusting any amounts due under this termination for convenience clause, immediately proceed with the following obligations:
1. Stop work as specified in the notice.
2. Complete any work specified in the notice of termination in a least cost/shortest time manner while still maintaining the quality called for under the contract documents.
3. Leave the property upon which the Contractor was working and upon which the facility (or facilities) forming the basis of the contract documents is situated in a safe and sanitary manner such that it does not pose any threat to the public health or safety.
4. Terminate all subcontracts to the extent that they relate to the portions of the work terminated.
5. Place no further subcontracts or orders, except as necessary to complete the continued portion of the contract.
6. Submit to the Engineer, within ten (10) calendar days from the effective date of the notice of termination, all of the usual documentation called for by the contract documents to substantiate all costs incurred by the Contractor for labor, materials and equipment through the effective date of the notice of termination.
Any documentation substantiating costs incurred by the Contractor solely as a result of the City's exercise of its right to terminate this Contract pursuant to this clause, which costs the contractor is authorized under the contract documents to incur, shall: (1) be submitted to and received by the Engineer no later than 30 calendar days after the effective date of the notice of termination; (2) describe the costs incurred with particularity; and (3) be conspicuously identified as “Termination Costs occasioned by the City's Termination for Convenience.”
Termination of the contract shall not relieve Surety of its obligation for any just claims arising out of or relating to the work performed. In the event that the City exercises its right to terminate this contract pursuant to this clause, the City shall pay the Contractor, upon the Contractor's submission of the documentation required by this clause and other applicable provisions of the contract documents, the following amounts:
All actual reimbursable costs incurred according to the provisions of this contract.
1. A reasonable allowance for profit on the cost of the Work performed, provided Contractor establishes to the satisfaction of the Engineer that it is reasonably probable that Contractor would have made a profit had the contract been completed and provided further, that the profit allowed shall in no event exceed fifteen (15%) percent of the costs.
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2. A reasonable allowance for Contractor's administrative costs in determining the amount payable due to termination of the contract under this Article.
Notwithstanding any other provision of this Article, when immediate action is necessary to protect life and safety or to reduce significant exposure or liability, the City may immediately order Contractor to cease work on the project until such safety or liability issues are addressed to the satisfaction of the City or the contract is terminated.
SECTION 8. WORKMANSHIP, MATERIALS and EQUIPMENT
8-01. General Quality. Materials and equipment shall be new and of a quality equal to that specified or approved.
Work shall be done and completed in a thorough and workmanlike manner. 8-02. Quality in Absence of Detailed Specifications. Whenever under this contract it is provided that the Contractor shall furnish materials or manufactured articles or shall do work for which no detailed specifications are set forth, the materials or manufactured articles shall be of the best grade in quality and workmanship obtainable in the market from firms of established good reputation, or, if not ordinarily carried in stock, shall conform to the usual standards for first-class materials or articles of the kind required, with due consideration of the use to which they are to be put. In general, the work performed shall be in full conformity and harmony with the intent to secure the best standard of construction and equipment of the work as a whole or in part. 8-03. Materials and Equipment Specified by Name. Whenever any material or equipment is indicated or specified by patent or proprietary name or by the name of the manufacturer, such specification shall be considered as used for the purpose of describing the material or equipment desired and shall be considered as followed by the words "or approved equal". The Contractor may offer any material or equipment which shall be equal in every respect to that specified, provided that written approval first is obtained from the Engineer. 8-04. Source of Materials. Price, fitness and quality being equal, preference shall be given by the Contractor for supplies grown, manufactured or produced in the State of California and, next, for such products partially produced in this State in accordance with Government Code Section 4332. 8-05. Storage of Materials. Materials shall be so stored to ensure the preservation of their quality and fitness for the work. They shall be so located and disposed that prompt and proper inspection thereof may be made. 8-06. Drawings, Samples and Tests. As soon as possible after execution of the contract, the Contractor shall submit to the Engineer, in quintuplicate, sufficient information including, if necessary, assembly and detail drawings to demonstrate fully that the equipment and materials to be furnished comply with the provisions and intent of these Special Provisions and Drawings. If the information thus submitted indicates the equipment or materials is acceptable, the Engineer will return one copy stamped with his or her approval; otherwise, one copy will be returned with an explanation of why the equipment or material is unsatisfactory. The Contractor shall have no claims for damages or for extension of time on account of any delay due to the revision of drawings or rejection of material. Fabrication or other work performed in advance of approval shall be done entirely at the Contractor's risk.
After approval of equipment or material, the Contractor shall not deviate in any way from the design and specifications given without the written consent of the Engineer.
When requested by the Engineer, a sample or test specimens of the materials to be used or offered for use in connection with the work shall be prepared at the expense of the Contractor and furnished by him or her in such quantities and sizes as may be required for proper examination and tests, with all freight charges prepaid and with information as to their sources.
All samples shall be submitted before shipment and in ample time to permit the making of proper tests, analyses, or examination before the time at which it is desired to incorporate the material into the work. All tests of materials furnished by the Contractor shall be made by the Engineer. Samples shall be secured and tested whenever necessary to determine the quality of the material.
SECTION 9. PROSECUTION OF WORK
9-01. Equipment and Methods. The work under this contract shall be prosecuted with all materials, tools, machinery, apparatus and labor and by such methods as are necessary to the complete execution of everything described, shown, or reasonably implied. If at any time before the beginning or during the progress of the work,
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any part of the Contractor's plant or equipment, or any of his or her methods of execution of the work, appear to the Engineer to be unsafe, inefficient, or inadequate to insure the required quality or the rate of progress of the work, he or she may order the Contractor to increase or improve his or her facilities or methods and the Contractor shall comply promptly with such orders; but, neither compliance with such orders nor failure of the Engineer to issue such orders shall relieve the Contractor from his or her obligation to secure the degree of safety, the quality of the work and the rate of progress required of the Contractor. The Contractor alone shall be responsible for the safety, adequacy and efficiency of his or her plant, equipment and methods. 9-02. Time of Completion. The Contractor shall promptly begin the work under this contract and shall complete and make ready for full use all portions of the project made the subject of this contract within the time set forth in the agreement bound herewith.
9-03. Avoidable Delays. Avoidable delays in the prosecution or completion of the work shall include all delays which might have been avoided by the exercise of care, prudence, foresight and diligence on the part of the Contractor. The City will consider as avoidable delays within the meaning of this contract (1) delays in the prosecution of parts of the work, which may in themselves be unavoidable, but do not necessarily prevent or delay the prosecution of other parts of the work nor the completion of the whole work within the time herein specified, (2) reasonable loss of time resulting from the necessity of submitting plans to the Engineer for approval and from the making of surveys, measurements, inspections, and testing and (3) such interruptions as may occur in the prosecution of the work on account of the reasonable interference of other contractors employed by the City which do not necessarily prevent the completion of the whole work within the time herein specified. 9-04. Unavoidable Delays. Unavoidable delays in the prosecution or completion of the work under this contract shall include all delays which may result, through cause beyond the control of the Contractor and which he or she could not have provided against by the exercise of care, prudence, foresight and diligence. Orders issued by the City changing the amount of work to be done, the quantity of material to be furnished or the manner in which the work is to be prosecuted and unforeseen delays in the completion of the work of other contractors under contract with the City will be considered unavoidable delays, so far as they necessarily interfere with the Contractor's completion of the whole of the work. Delays due to normally adverse weather conditions will not be regarded as unavoidable delays. However, truly abnormal amounts of rainfall, temperatures or other weather conditions for the location of the work and time of year may be considered as unavoidable delays if those conditions necessarily cause a delay in the completion of the work.
9-05. Notice of Delays. Whenever the Contractor foresees any delay in the prosecution of the work and, in any event, immediately upon the occurrence of any delay which the contractor regards as an unavoidable delay, he or she shall notify the Engineer in writing of the probability of the occurrence of such delay and its cause, in order that the Engineer may take immediate steps to prevent, if possible, the occurrence or continuance of the delay, or, if this cannot be done, may determine whether the delay is to be considered avoidable or unavoidable, how long it continues and to what extent the prosecution and completion of the work are to be delayed thereby. 9-06. Extension of Time. Should any delays occur which the Engineer may consider unavoidable, as herein defined, the Contractor shall, pursuant to his or her application, be allowed an extension of time proportional to said delay or delays, beyond the time herein set forth, in which to complete this contract; and liquidated damages for delay shall not be charged against the Contractor by the City during an extension of time granted because of unavoidable delay or delays.
Any claim by Contractor for a time extension based on unavoidable delays shall be based on written notice delivered to the Engineer within 15 days of the occurrence of the event giving rise to the claim. Failure to file said written notice within the time specified shall constitute a waiver of said claim. Notice of the full extent of the claim and all supporting data must be delivered to the Engineer within 45 days of the occurrence unless the Engineer specifies in writing a longer period. All claims for a time extension must be approved by the Engineer and incorporated into a written change order.
9-07. Unfavorable Weather and Other Conditions. During unfavorable weather and other conditions, the Contractor shall pursue only such portions of the work as shall not be damaged thereby. No portions of the work whose satisfactory quality or efficiency will be affected by any unfavorable conditions shall be constructed while these conditions remain, unless, by special means or precautions approved by the Engineer, the Contractor shall be able to overcome them.
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The Contractor shall be granted a time extension of one day for each unfavorable weather day which prevents him or her from placing concrete forms or placing and finishing concrete or asphalt concrete. Such unfavorable weather day is defined as a rain day where precipitation prevents the contractor from performing the work more than four (4) continuous hours within the authorized work period or a temperature day where the ambient temperature is below that specified for the placement of materials associated with the controlling work item for more than four (4) continuous work hours of the authorized work period.
9-08. Saturday, Sunday, Holiday and Night Work. No work shall be done between the hours of 6 p.m. and 7 a.m., nor on Saturdays, Sundays or legal holidays except such work as is necessary for the proper care and protection of work already performed, or except in cases of absolute necessity and in any case only with the permission of the Engineer.
It is understood, however, that night work may be established as a regular procedure by the Contractor if he or she first obtains the written permission of the Engineer and that such permission may be revoked at any time by the Engineer if the Contractor fails to maintain at night adequate force and equipment for reasonable prosecution and to justify inspection of the work.
9-09. Hours of Labor. Eight (8) hours of labor shall constitute a legal day's work and the Contractor or any subcontractor shall not require or permit more than eight hours of labor in a day from any person employed by him or her in the performance of the work under this contract, unless paying compensation for all hours worked in excess of eight (8) hours per day at not less than 1½ times the basic rate of pay. The Contractor shall forfeit to the City, as a penalty, the sum of twenty-five dollars ($25.00) for each workman employed in the execution of the contract by him or her or by any subcontractor, for each calendar day during which such laborer, workman, or mechanic is required or permitted to labor more than eight hours in violation of the provisions of Section 1810 to 1816, inclusive, (Article 3, Chapter 1, Part 7, Division 2) of the Labor Code of the State of California and any acts amendatory thereof.
SECTION 10. PAYMENT
10-01. Certification by Engineer. All payments under this contract shall be made upon the presentation of certificates in writing from the Engineer and shall show that the work covered by the payments has been done and the payments thereof are due in accordance with this contract. 10-02. Progress Estimates and Payment. The Engineer shall, within the first seven (7) days of each month, make an estimate of the value of the work performed in accordance with this contract during the previous calendar month.
The first estimate shall be of the value of the work satisfactorily completed in place and meeting the requirements of the contract. And every subsequent estimate, except the final estimate, shall be of the value of the work satisfactorily completed in place since the last preceding estimate was made; provided, however, that should the Contractor fail to adhere to the program of completion fixed in this contract, the Engineer shall deduct from the next and all subsequent estimates the full calculated accruing amount of the liquidated damages to the date of said estimate, until such time as the compliance with the program has been restored.
The estimate shall be signed by the Engineer and, after approval, the City shall pay or cause to be paid to the Contractor in the manner provided by law, an amount equal to 95 percent of the estimated value of the work satisfactorily performed and complete in place.
10-03. Substitution of Securities.
1. At such times that Pubic Contract Code Section 22300 is in effect Contractor may propose the substitution of securities of at least equal market value for any moneys to be withheld to ensure performance under the Contract.
Market value shall be determined as of the day prior to the date such substitution is to take place. Such substitution shall be made at the request and expense of the Contractor. The securities shall be one or more of the following types:
(a) Bonds or interest-bearing notes or obligations of the United States, or those for which the faith and credit of the United States are pledged for the payment of principal and interest.
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(b) Bonds or interest-bearing notes on obligations that are guaranteed as to principal and interest by a federal agency of the United States.
(c) Bonds of the State of California, or those for which the faith and credit of the State of California are pledged for the payment of principal and interest.
(d) Bonds or warrants, including, but not limited to, revenue warrants, of any county, city, metropolitan water district, California water district, California water storage district, irrigation district in the State of California, municipal utility district, or school district of the State of California, which are rated by Moody's or Standard and Poor as A or better.
(e) Bonds, consolidated bonds, collateral trust debentures, consolidated debentures, or other obligations issued by federal land banks or federal intermediate credit banks established under the Federal Farm Loan Act, as amended; debentures and consolidated debentures issued by the Central Bank for Cooperatives and banks for cooperatives established under the Farm Credit Act of 1933, as amended; bonds, or debentures of the Federal Home Loan Bank Board established under the Federal Home Loan Bank Act; and stock, bonds, debentures and other obligations of the Federal National Mortgage Association established under the National Housing Act as amended and bonds of any Federal Home Loan Mortgage Corporation.
(f) Commercial paper of "prime" quality as defined by a nationally recognized organization which rates such securities. Eligible paper is further limited to issuing corporations: (1) organized and operating within the United States; (2) having total assets in excess of five hundred million dollars ($500,000,000); and (3) approved by the Pooled Money Investment Board of the State of California. Purchases of eligible commercial paper may not exceed 180 days' maturity, nor represent more than 10 percent of the outstanding paper of an issuing corporation.
(g) Bills of exchange or time drafts on and accepted by a commercial bank, otherwise known as bankers acceptances, which are eligible for purchase by the Federal Reserve System. (h) Certificates of deposits issued by a nationally or state-chartered bank or savings and loan association. (i) The portion of bank loans and obligations guaranteed by the United States Small Business Administration or the United States Farmers Home Administration. (j) Student loan notes insured under the Guaranteed Student Loan Program established pursuant to the Higher Education Act of 1965, as amended (20 U.S.C. 1001, et seq.) and eligible for resale to the Student Loan Marketing Association established pursuant to Section 133 of the Education Amendments of 1972, as amended (20 U.S.C. 1087-2).
(k) Obligations issued, assumed or guaranteed by International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, or the Government Development Bank of Puerto Rico.
(l) Bonds, debentures and notes issued by corporations organized and operating within the United States.
Such securities eligible for substitution shall be within the top three ratings of a nationally recognized rating service.
2. The securities shall be deposited with City or with any commercial bank as escrow agent, who shall arrange for transfer of such securities to the Contractor upon satisfactory completion of the contract. Any interest accrued or paid on such securities shall belong to the Contractor and shall be paid upon satisfactory completion of the contract.
The market value of the securities deposited shall at all times be maintained in an amount at least equal, in the sole judgment of City, to the moneys to be withheld pursuant to the Contract Documents to ensure performance of the Contract. In order to comply with this condition, Contractor shall deposit additional securities as necessary upon request by City or the escrow agent.
3. Upon acceptance of any Proposal that includes substituting securities for amounts withheld to ensure performance, a separate escrow agreement satisfactory in form and substance to City shall be prepared and