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/84875504288 Or you can call in using your telephone only:
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October 15, 2025 - 5:15 PM
1. ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. AB 2449 NOTIFICATIONS AND CONSIDERATIONS
4. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
4.a. Strike Out Cancer Fundraiser Presentation.
Recommended Action: Receive presentation and present ceremonial check to Cancer Resource Centers of Mendocino County.
Attachments: None
4.b. Proclamation Recognizing the Month of October as Domestic Violence Awareness Month in the City of Ukiah.
Recommended Action: Issue proclamation recognizing the month of October as Domestic Violence Awareness Month in the City of Ukiah.
Attachments:
1. Proclamation
4.c. Presentation of Proposed Financial Plan and Process for Ukiah Valley Water Authority Rate Adjustments by Hildebrand Consulting.
Recommended Action: Receive the informational presentation from Hildebrand Consulting and provide input to Staff and the consultant on the proposed financial plan and preliminary rate adjustment framework. No formal action is requested at this time.
Attachments:
1. City of Ukiah 2025 Water Financial Plan 10.10.25
5. PETITIONS AND COMMUNICATIONS
6. APPROVAL OF MINUTES
6.a. Approval of the Minutes for the September 17, 2025, Regular Meeting.
Recommended Action: Approve the Minutes for the September 17, 2025, Regular Meeting.
Attachments:
1. 2025-09-17 Council Draft Minutes
6.b. Approval of the Minutes for the October 6, 2025, Special Meeting.
Recommended Action: Approve the Minutes for the October 6, 2025, Special Meeting.
Attachments:
1. 2025-10-06 Draft Minutes
7. RIGHT TO APPEAL DECISION
Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged.
8. CONSENT CALENDAR
The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council.
Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations.
8.a. Report of Disbursements for the Month of August 2025.
Recommended Action: Approve the report of disbursements for the month of August 2025.
Attachments:
1. August 2025 Summary of Disbursements
2. Account Codes for Reference
3. Object Codes for Reference
4. August 2025 Disbursement Detail
8.b. Adoption of a Camping Ordinance Amendment.
Recommended Action: Adopt the Camping Ordinance Amendment.
Attachments:
1. Camping Ordinance Amendment Redline
2. Camping Ordinance Amendment Clean
3. Mendocino County Homeless Encampment Coordination Protocol
4. UPD Policy 429
8.c. Approval of Notice of Completion for the Gobbi Circuit 202 Switching and Reliability Enhancement Project, Specification No. 24-04 and Final Payment of the 5% Retention to Wipf Construction, LLC.
Recommended Action: Approve the Notice of Completion for the Gobbi Circuit 202 Switching and Reliability Enhancement Project, Specification 24-04; approve final payment of the 5% retention to Wipf Construction, LLC; and direct the City Clerk to file the Notice of Completion with the County Recorder.
Attachments:
1. SPEC 24-04 GOBBI CKT 202 SWITCHING PROJ
2. Wipf Construction-Gobbi CKT 202 Switching Contract
3. Notice of Completion-Wipf Construction
8.d. Consideration of Adoption of Resolution Appointing Karissa Grebil to the Public Spaces Commission.
Recommended Action: Adopt Resolution appointing Karissa Grebil to the Public Spaces Comission.
Attachments:
1. Karissa Grebil Application and Resume
2. Resolution 2014-48
3. Memo - Nomination - Grebil - Public Spaces
4. Proposed Resolution
8.e. Consideration of Approval of a Contract Amendment with RingCentral for the City’s Phone System, Totaling $101,329.25 Over the Remaining 55 Months of the Agreement, and Approve Corresponding Budget Amendment.
Recommended Action: Approve a contract amendment with RingCentral for the City’s new phone system in the amount of $101,329.25, and approve a corresponding budget amendment.
Attachments:
1. RingCentral Change Order Form
8.f. Adoption of an Ordinance of the City of Ukiah Adopting the 2025 Edition of the California Fire Code, Part 9, with Amendments, as Well as the 2025 Edition of the California Wildland-Urban Interface Code, Part 7, Regulating and Governing the Safeguarding of Life and Property From Fire and Explosion, and Providing for the Issuance of Permits, and Repealing All Other Ordinances and Parts of Ordinances of the City of Ukiah Fire Prevention Code in Conflict Herewith.
Recommended Action: Adopt an Ordinance adopting the 2025 Edition of the California Fire Code, Part 9, with amendments, as well as the 2025 Edition of the California Wildland-Urban Interface Code, Part 7, Regulating and Governing the Safeguarding of Life and Property from Fire and Explosion, and providing for the issuance of permits, and repealing all other ordinances and parts of ordinances of the City of Ukiah Fire Prevention Code in conflict herewith.
Attachments:
1. 2025 Fire Code Adoption Ordinance Red Line - updated 9/17/25
2. 2025 Fire Code Adoption Ordinance Clean
3. CC Reso 2025-50 - Establishing Findings of Fact for Local Conditions
8.g. Consideration of Approval of a Contract with the California Conservation Corps to Provide Assistance with Landscaping on Phase 4 of the Great Redwood Trail in Accord with Cal Fire's Climate Resilient Forest Grant.
Recommended Action: Approve a contract with the California Conservation Corps to provide assistance with landscaping on phase 4 of the Great Redwood Trail in accord with Cal FIre's Climate Resilient Forest grant.
Attachments:
1. CCC CRF Contract
2. CCC Addendum
8.h. Approval of Notice of Completion for the HVAC Replacement at the Water Treatment Plant, Specification No. 24-03, and Final Payment of the 5% Retention to Peterson Mechanical, Inc.
Recommended Action: Approve the Notice of Completion for the HVAC Replacement at the Water Treatment Plant, Specification 24-03; approve final payment of the 5% retention to Peterson Mechanical Inc; and direct the City Clerk to file the Notice of Completion with the County Recorder.
Attachments:
1. Peterson Mechanical - HVAC at WTP 2425-226 - Contract
2. Notice-of-Completion
8.i. Determination of Notification of Intent to Adjust Curbside Collection and Transfer Station Service Rates.
Recommended Action: Review and confirm the determination of the City Manager of compliance with the provisions of the agreements between the City of Ukiah and Ukiah Waste Solutions, Inc. and Solid Waste Systems, Inc. regarding the company's notice of intent to adjust curbside collection and transfer station rates.
Attachments:
1. UWS Adjustment 2026
2. SWS Adjustment 2026
3. UWS, Curbside Contract
4. SWS, Transfer Station Contract
8.j. Notification of Emergency Contract with Donahoo, Inc in the Amount of $45,320 for Slide Mitigation Work at the Ukiah Landfill, and Approval of Contract and Budget Amendment.
Recommended Action: Receive Notification of Emergency Contract with Donahoo, Inc in the Amount of $45,320 for Slide Mitigation Work at the Ukiah Landfill, and Approve of Contract and Budget Amendment.
Attachments:
1. Donahoo Inc - Emergency Landfill Slide Repair 2425-218 - Contract
2. Landfill Change Order Request
8.k. Approval of Budget Amendment in the Amount of $100,000 for Contracted Maintenance, Consulting, and other Professional Services at the Ukiah Landfill.
Recommended Action: Approve budget amendment in the amount of $100,000 for contracted maintenance, consulting, and other professional services at the Ukiah Landfill.
Attachments: None
8.l. Notification of Emergency Contract with Donahoo, Inc in the Amount of $45,141 for Slide Mitigation Work at the Pressure Zone 1 Water Storage Tank.
Recommended Action: Receive Notification of Emergency Contract with Donahoo, Inc in the Amount of $45,141 for Slide Mitigation Work at the Pressure Zone 1 Water Storage Tank.
Attachments:
1. Donahoo Inc - Water Tank Cleanup 2526-118 - Contract
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)
12.a. Conduct Public Hearing to Receive Public Comment; and Consideration of Adoption of Resolution Adopting City of Ukiah Community Development Block Grant (CDBG) First Time Homebuyer Program Guidelines.
Recommended Action: Conduct a public hearing to receive public comment and adopt Resolution adopting the City of Ukiah Community Development Block Grant (CDBG) Homebuyer Program Guidelines.
Attachments:
1. CDBG_Homebuyer_Prog_Guidelines2025_Draft
2. Proposed Resolution
13. UNFINISHED BUSINESS
14. NEW BUSINESS
14.a. 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 (1 case)
15.b. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1))
Name of case: Nui Rising Moon Trust v. City of Ukiah, et al.; Case No. 3:25-cv-08320
15.c. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018-70200
15.d. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort, Inc v. City of Ukiah, et al.; Case No. 24-cv-07106-JSC
15.e. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 170-030-05; 170-030-03; 170-010-05; 170-020-07; 170-020-11; 170-040- 03; 170-020-08
Negotiator: Sage Sangiacomo, City Manager
Negotiating Parties: Project Ovis LLC
Under Negotiation: Price & Terms of Payment
15.f. 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.
Kristine Lawler, City Clerk
Dated: 10/10/25
Agenda Item No: 4.a.
MEETING DATE/TIME: 10/15/2025
ITEM NO: 2025-1171
AGENDA SUMMARY REPORT
SUBJECT: Strike Out Cancer Fundraiser Presentation.
DEPARTMENT: Community Services PREPARED BY: Jake Burgess, Community Services Supervisor PRESENTER: Kyle Nuss, Senior Sports Coordinator; Jake
Burgess, Community Services Supervisor
ATTACHMENTS:
1. Presentation
Summary: Community Services staff will present a short slide show and financial recap of the Strike Out Cancer fundraiser event. A check will be presented to the Cancer Resource Centers of Mendocino County.
Background: The Strike Out Cancer softball tournament was started in 2016 by the City of Ukiah with the goal of raising money for the Cancer Resource Centers of Mendocino County. The event has continued annually (except 2020), and has been sponsored by Mendocino Community Health Centers since 2017.
Proceeds from this tournament have been donated to the local Cancer Center, which ensures the donations stay in Mendocino County. “The Cancer Resource Centers of Mendocino County is a grassroots organization whose mission is to improve the quality of life for those in Mendocino County faced with cancer. Our vision is that no one in Mendocino County will face cancer alone.” — Cancer Resource Centers of Mendocino County.
Discussion: The Strike Out Cancer fundraiser occurred on October 3rd through the 5th and was a tremendous success this year. The event was sponsored by Mendocino Community Health Centers and began with fundraising activities on Friday, October 3rd, which consisted of a Cornhole Tournament, a Closest to the Pin golf challenge, and a Home Run Derby/ Softball Skills competition. Saturday, October 4th, featured men's and women's softball tournaments and Sunday, October 5th, was a Co-ed softball tournament. A total of thirty teams competed in the tournaments — the most we've ever had participate in the event. After staffing, supplies, awards, and facility expenses were accounted for, the City is donating $9,780 to the Cancer Resource Centers of Mendocino County. This includes $5,280 from the softball tournament and golf components; $3,200 from the Cornhole tournament and a 50/50 raffle operated by Ukiah Trophy; and $1,300 from the Home Run Derby/ Skills Competition operated by the "Most Hated" softball club.
Recommended Action: Receive presentation and present ceremonial check to Cancer Resource Centers of Mendocino County.
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:
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): GP-A2 - Economic Development Element
Agenda Item No: 4.b.
MEETING DATE/TIME: 10/15/2025
ITEM NO: 2025-1187
AGENDA SUMMARY REPORT
SUBJECT: Proclamation Recognizing the Month of October as Domestic Violence Awareness Month in the City of Ukiah.
DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk PRESENTER: Councilmember Criss
ATTACHMENTS:
1. Proclamation
Summary: Council will issue a proclamation recognizing the month of October as Domestic Violence Awareness Month in the City of Ukiah.
Background: Domestic Violence Awareness Month is recognized every October to give communities across the nation an opportunity to empower and support survivors of domestic violence, mourn those who have lost their lives to domestic violence, and promote community action toward eliminating domestic violence.
Discussion: Domestic violence is a serious violent crime that includes both physical and mental abuse.
Domestic violence is a public health issue that impacts people of all races, ages, income levels, and gender.
Efforts to end domestic violence require collaboration and commitment from criminal justice and supportive service agencies, health care organizations, legal communities, schools, and community leaders.
The proclamation recognizing the month of October as Domestic Violence Awareness Month in the City of Ukiah, is Attachment 1.
Recommended Action: Issue proclamation recognizing the month of October as Domestic Violence Awareness Month in the City of Ukiah.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
REVENUE: No GRANT: No
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Project Sanctuary
STRATEGIC PLAN (SP): SP 1B - Provide services that support a high quality of life for all residents, including fostering diverse, inclusive, sustainable, and accessible neighborhoods.
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A
The Month of October as National Domestic
Violence Awareness Month in the City of Ukiah
Whereas, October is annually recognized as National Domestic Violence Awareness Month; and Whereas, policymakers and communities must work together to transform the conditions that domestic violence and support survivor-centered solutions; and Whereas, domestic violence programs in California provide essential lifesaving services for survivors, their children, and communities; and
Whereas, there is a need to support and amplify prevention programs and community-based strategies to create healthy environments and decrease the likelihood or perpetration, thereby stopping domestic violence from occurring in the first place; and Whereas, all survivors deserve access to culturally responsive programs and services to increase their safety and self-sufficiency; and
Whereas, 54% of transgender and fender non-conforming people have experienced domestic violence in their lifetime; and
Whereas, there were 125 domestic violence related homicides in California in 2024, of which 93 of the fatalities were female and 32 were male; and
Whereas, more than 37,000 domestic violence survivors and their children rely on domestic violence shelters and transitional housing programs for safety and shelter daily in the United States; and
Whereas, children exposed to domestic violence can experience long-term consequences including difficulty at school, substance abuse, behavioral problems in adolescence, and serious adult health problems; and
Whereas, the State of California provided 21, 784 individuals with shelter/housing and 226,992 individuals with emergency shelter or safe house services under the Domestic Violence Assistance Program during the 2022-2023 Fiscal Year; and
Whereas, Project Sanctuary’s mission is to provide trauma informed, supportive services, by offering a 24-hour hotline to victims/survivors, responding to emergency calls, offering support, and empowering those impacted by domestic violence to chart their own journey for healing; and Therefore, be it resolved, that the Ukiah City Council joins Project Sanctuary in the belief that all community members must be part of the solution to end Domestic Violence. Therefore, we hereby proclaim October as:
Domestic Violence Awareness Month in the City of Ukiah
Signed and sealed, this 15th day of October in the year Two Thousand and Twenty-Five.
____________________________
Douglas F. Crane, Mayor
Attachment 1
Agenda Item No: 4.c.
MEETING DATE/TIME: 10/15/2025
ITEM NO: 2025-1173
AGENDA SUMMARY REPORT
SUBJECT: Presentation of Proposed Financial Plan and Process for Ukiah Valley Water Authority Rate Adjustments by Hildebrand Consulting.
DEPARTMENT: Finance PREPARED BY:
Dan Buffalo, Finance Director, Jared Walker,
Redwood and Millview Water Districts General
Manager, Sean White, Water Resources Director
PRESENTER: Mark Hildebrand, Hildebrand Consulting
ATTACHMENTS:
1. City of Ukiah 2025 Water Financial Plan 10.10.25
Summary: Mark Hildebrand of Hildebrand Consulting will present the proposed financial plan for water rate adjustments for the City of Ukiah’s water utility. The presentation is intended as an informational item to share preliminary findings, financial projections, and rate structure considerations developed under the Ukiah Valley Water Authority (UVWA) Joint Powers Agreement (JPA) framework. The Council’s feedback and input will help inform the final rate study and recommendations, which will be brought forward for formal consideration at a future meeting.
Background: In 2023, the Ukiah Valley Water Authority (UVWA)—comprised of the City of Ukiah and participating water agencies—initiated a comprehensive review of water utility financial plans and rate structures to ensure long-term fiscal sustainability, equitable cost recovery, and compliance with the cost-ofservice principles outlined in Article XIII D of the California Constitution (Proposition 218).
Hildebrand Consulting was retained to assist UVWA and the City in preparing a financial plan and rate study that incorporates projected capital and operating costs, including those associated with infrastructure renewal, system expansion, and ongoing integration of member water systems.
The rate-setting process is being conducted in accordance with the UVWA Joint Powers Agreement, which designates UVWA as the regional authority responsible for developing and adopting water rates that reflect the full cost of providing service. The UVWA is governed by the Water Executive Committee, composed of two representatives from each member agency, serving as its governing body. The Committee meets regularly to oversee the administration, budgeting, and ratemaking of the Combined Water System, ensuring consistency with state law and Proposition 218. While each Party retains limited authority over its own affairs, no Party may exercise its authority in a manner that directly conflicts with the powers of the Water Executive Committee, including its authority to establish rates under Section 6.A.2 and related provisions of the JPA.
This presentation is meant to provide Council with the opportunity to contribute feedback and insight into the rate development process for consideration by the Executive Committee.
Discussion: The proposed financial plan, still in draft but summarized in Attachment 1, and rate analysis presented by Hildebrand Consulting represent the next step in a collaborative, multi-phase rate-setting process. The plan evaluates the adequacy of current revenues to meet projected operating and capital funding needs over the next five years, assesses reserve targets, and identifies rate adjustments necessary to sustain water utility operations and maintain regulatory and fiscal compliance.
This presentation provides the City Council an opportunity to review and comment on key assumptions, priorities, and policy considerations before the plan is finalized and the Proposition 218 process begins. Staff seeks Council input on:
• The overall direction and structure of proposed rate adjustments; • Funding strategies for capital improvement projects;
• Reserve and debt coverage targets; and
• Communication and implementation considerations for the upcoming Proposition 218 hearing process.
Similar presentations are being delivered to the other JPA member governing bodies.
Under the UVWA JPA, the rate-setting process follows these key steps:
1. Financial Plan Development – Consultant and Staff prepare revenue requirements and projections based on operating, maintenance, and capital needs. This includes the use of City capital assets in the provision of services to JPA member agencies. JPA member governing bodies may be asked to provide input and comment at this stage. This is the stage the process is at currently.
2. Cost of Service Analysis – Allocates system costs among customer classes in accordance with proportional use and benefit. For this rate review, each JPA member is being evaluated separately and independently as part of the financial plan.
3. Rate Design – Establishes rates that recover costs in an equitable and transparent manner. For this rate review, the rate structure is not being considered for revision. A financial plan is being developed to adjust current rates under the existing rate design.
4. UVWA Executive Committee Adoption – The Water Executive Committee formally adopts rates applicable to all member agencies pursuant to Section 6.A.2 of the JPA.
5. City Implementation and Proposition 218 Process – The City conducts the Proposition 218 notification, protest, and public hearing process on behalf of the UVWA and its member agencies. As the agency responsible for UVWA operations, billing, and administrative services, the City administers the procedural requirements of Proposition 218 to ensure proper notification and compliance, formally implementing retail rates consistent with the UVWA-adopted structure.
In conjunction with this process, Staff will also recommend that UVWA—and by extension, the City—adopt the provisions of Assembly Bill 2257 (2024). This legislation modernizes and codifies several best practices for public water agencies, including requirements for long-term financial planning, enhanced public notice of proposed rate changes, and improved disclosure of cost-of-service analyses. AB 2257 encourages regional cooperation among agencies operating under Joint Powers Agreements (JPAs), authorizing them to consolidate rate-setting, planning, and infrastructure investment functions to promote efficiency and consistency across service areas. It also establishes expectations for increased public transparency by requiring that financial plans, reserve policies, and rate models be accessible to ratepayers and subject to periodic review. Adoption of AB 2257’s provisions would align UVWA and the City with emerging statewide standards for fiscal accountability, transparency, and equitable rate development, reinforcing local commitment to sound water utility governance.
Staff requests Council receive the informational presentation from Hildebrand Consulting and provide input to Staff and the consultant on the proposed financial plan and preliminary rate adjustment framework. No formal action is requested at this time.
Recommended Action: Receive the informational presentation from Hildebrand Consulting and provide input to Staff and the consultant on the proposed financial plan and preliminary rate adjustment framework. No formal action is requested at this time.
BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
REVENUE: No GRANT: No
PREVIOUS CONTRACT/PURCHASE ORDER NO.:
COORDINATED WITH: City Manager's Office
STRATEGIC PLAN (SP): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A
City of Ukiah
2025 Water Utility Financial Plan
Recommendations
October 15, 2025
Attachment 1
2 Agenda
1. Ukiah Valley Water Authority
2. Rate Setting Process
3. City of Ukiah Water Enterprise Financial Plan
4. Proposed Rates
5. Project Schedule
Attachment 1
3 Ukiah Valley Water Authority
Joint Powers Authority (JPA) between 5 water utilities:
- City of Ukiah
- Calpella County Water District
- Millview County Water District
- Redwood Valley County Water District
- Willow County Water District
The City provides each member agency with operating and administrative services through a Joint Services Agreement (JSA).
For now, each utility will maintain a separate accounting of finances and reserves.
Calpella did not participate in the current rate study since a study was completed in 2024.
Attachment 1
The Rate Setting Process
Compares the revenues of the utility to its
expenses to determine the overall level of rate
adjustment
Equitably allocates the revenue requirements
between the various customer classes of service
Design rates for each class of service to meet
the revenue needs of the utility, along with any
other rate design goals and objectives
Revenue Requirements
Cost-of-Service
Rate Design
4 Attachment 1
5 Legal Requirements
for Setting Water Rates In California
Proposition 218 (Article XIIID, Section 6 of California Constitution) • Revenues shall not exceed funds required to provide service; nor used for another purpose
• Amount shall not exceed the proportional cost of the service attributable to the parcel
• Service must be actually used or immediately available • Approval process includes 45-day notice, public hearing, and written majority protest. Does not require a voting process (unlike taxes).
Attachment 1
6 City of Ukiah Water Utility
Cash Balances
Fiscal Year beginning July 1, 2024
Water Fund $793,000
Water Capital Reserve $1,721,000
Water Connection Fee $99,000
Water Debt Service Reserve $744,000
Total: $3,357,000
Attachment 1
7 City of Ukiah Water Utility
Reserve Policies
In addition to protecting the Water Fund against unforeseen circumstances, these policies also contribute towards the City’s credit rating.
The City’s Operating Reserve policy requires the water utility to maintain cash reserves of at least 25 percent of operating expenses (currently equal to about $1.4 million).
The Study recommends that the City work towards developing a Capital Reserve policy relative to average annual capital spending). This reserve will help the City absorb any spikes in capital spending or unforeseen infrastructure failure. A policy of half of annual average capital spending would be approximately $900 thousand.
Attachment 1
City of Ukiah Water Utility
Revenue
FY2025/26 Budget *
8 Rate Revenue $8,600,000
Non-Rate Revenue
Miscellaneous Revenue $380,000
Charges to Sewer Fund $653,000
Performance Agreement Revenue $2,491,000
Interest Earnings $129,000
Connection Fees $25,000
Total: $12,278,000
* Performance Agreement Revenue based on updated allocation Attachment 1
9 Allocation of Costs among Member Agencies
Expense Type Allocation Method Example Expenses
Shared operating costs Primarily relative water
usage*
Water utility salaries,
general operations
Specific operating costs Direct Chemicals, electricity, treatment cost
City support services Cost Allocation Plan Billing, administration, purchasing, rent
Capital Direct Repairs of wells, pipes
treatment plant, etc.
Debt Direct City and Millview only
* Sometimes number of accounts
Attachment 1
10 Shared Asset Expenses
• Most assets are owned independently by each respective member agency • Some assets will be shared by the member agencies
• Vehicles
• Buildings
• Other?
• For example, Willow currently owns a fleet of vehicles and a building, which will be sold to the City of Ukiah for shared use among all the member agencies
• It is proposed that these shared asset costs be shared among the member agencies based on annualized depreciation expense for each asset.
Attachment 1
City of Ukiah Water Utility
Operating and Debt Expenses
FY2025/26 Budget
11 Water Personnel and General Operations $4,904,000
Professional Services $905,000
Miscellaneous $118,000
Supplies and Chemicals $105,000
Utilities $793,000
Insurance $368,000
City Support Services $1,457,000
Debt Service $1,971,000
Total: $10,621,000
Attachment 1
12 Annual Inflation Assumptions
Salaries and Benefits……………………………. 5% per year
Insurance……………………………………………. 7% per year
Utilities, fuel and chemicals……………….. 4% per year
All other……………………………………………… 3% per year
Attachment 1
13 City of Ukiah Water Utility
Capital Spending
Recycled Water Phase 4
Average annual budget = $1.9 million
Attachment 1
City of Ukiah Water Utility
Financial Forecast & Proposed Rate Revenue Increases
14 Non Rate Revenue
Operating Expenses
Debt Service
Existing Rate Revenue
Cash Capital
Additional Rate Revenue
Debt Service
FY2025 FY2026 FY2027 FY2028 FY2029 FY2030 FY2031 FY2032 FY2033 FY2034 FY2035 Rate Revenue Increase: 3.0% 3.0% 4.0% 4.0% 4.0% 4.0% 4.0% 4.0% 4.0% 4.0% Debt Coverage Ratio: 2.00 2.12 1.56 1.62 1.54 1.60 1.65 1.78 1.85 1.91 1.98 Proposed Forecasted
$0
$2
$4
$6
RESERVES
($M)
Projected Fund Balance Minimum Reserves Target Reserves $0
$2
$4
$6
$8
$10
$12
$14
$16
$18
$20
FY2025 FY2026 FY2027 FY2028 FY2029 FY2030 FY2031 FY2032 FY2033 FY2034 FY2035
TOTAL REVENUE / EXPENSES
($M)
Expenses
Revenues
Attachment 1
15 City of Ukiah Water Utility
Current & Proposed Water Rates
Current 1
March 1,
2026 July 2026 July 2027 July 2028 July 2029
Percent increase: 3.0% 3.0% 4.0% 4.0% 4.0%
Water Usage Rate ($/CCF)
All Water Usage $4.18 $4.31 $4.44 $4.62 $4.80 $4.99
Monthly Service Charge
3/4" meter $51.30 $52.84 $54.43 $56.61 $58.87 $61.22
1" meter $82.15 $84.61 $87.15 $90.64 $94.27 $98.04
1 1/2" meter $158.61 $163.37 $168.27 $175.00 $182.00 $189.28 2" meter $250.72 $258.24 $265.99 $276.63 $287.70 $299.21 3" meter $465.81 $479.78 $494.17 $513.94 $534.50 $555.88 4" meter $773.02 $796.21 $820.10 $852.90 $887.02 $922.50 6" meter $1,540.35 $1,586.56 $1,634.16 $1,699.53 $1,767.51 $1,838.21 1 Effective as of July 1, 2024
Change to a typical single family home monthly bill: $2.84 $2.93 $3.05 $3.17 $3.30 Attachment 1
16 Summary of Proposed Water Rate Increases
for UVWA member agencies
March 1, 2026 July 2026 July 2027 July 2028 July 2029
City of Ukiah 3.0% 3.0% 4.0% 4.0% 4.0%
Millview 6.0% 6.0% 6.0% 5.0% 5.0%
Redwood Valley 30.0% 12.0% 6.0% 3.0% 3.0%
Willow 20.0% 20.0% 12.0% 12.0% 5.0%
Calpella * NA** 14.0% 12.0% 10.0% (TBD)
* Previously adopted
** A 14% increase was implemented in July 2025
Attachment 1
17 Proposed Year 1 Monthly water bill comparisons among selected regional water agencies Single Family Homes with ¾” meter using 10,000 gallons per month Attachment 1
18 Proposed Year 5 Monthly water bill comparisons among selected regional water agencies Single Family Homes with ¾” meter using 10,000 gallons per month *
* Year 4 rate because Year 5 rate is TBD
Attachment 1
19 Project Schedule
Oct. 15 – Oct. 23 Present findings to all member agencies November 6 Present recommendations to UVWA Executive Committee • Request approval to mail the 218 notices
• Propose adoption of 2257 procedures
(If either of the above don’t happen and second meeting is necessary, we will need to target a second Executive Committee meeting by late November) Mid-November Mail the 218 notices
Early January, 2026 Deadline for 2257 objections
Early February Public Hearing
March 1 First rate increase
Attachment 1
AGENDA ITEM 6a
CITY OF UKIAH
CITY COUNCIL MINUTES
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue, Ukiah, CA 95482
Virtual Meeting Link: https://us06web.zoom.us/j/87542445328 September 17, 2025
5:15 p.m.
1. ROLL CALL
Ukiah City Council met at a Regular Meeting on September 17, 2025, having been legally noticed on September 12, 2025. The meeting was held in person and virtually at the following link:
https://us06web.zoom.us/j/87542445328. Mayor Crane called the meeting to order at 5:15 p.m. Roll was taken with the following Councilmembers Present: Mari Rodin (arriving at 5:21 p.m.), 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 Councilmember Orozco.
3. AB 2449 NOTIFICATIONS AND CONSIDERATIONS
4. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a. Receive Presentation of Exceptional Employee Recognition Awards.
Presenters: Sage Sangiacomo, City Manager; Ralph Randal, Police Sergeant; Neil Davis, Community Services Director; Dan Buffalo, Finance Director; and Mayor Crane.
The Employee Recognition Awards were received by:
Christian Ballestrazze, Police Officer, Police Department: Christian Ballestrazze was dispatched to Safeway for a report of shoplifting. Officer Ballestrazze obtained video footage of the incident and determined that two female subjects stole approximately $600 worth of items and fled the area and likely drove to Covelo. The Mendocino County Sheriff's Office had stopped the vehicle based on a request from Officer Ballestrazze. 15 minutes prior to the end of Officer Ballestrazze's shift, he drove to HWY 162 which was approximately one hour away. The two subjects who stole the items were placed under arrest. Officer Ballestrazze transported the subjects to jail and returned all the stolen items to Safeway. Officer Ballestrazze's determination and willingness to complete an investigation for a simple shoplift call resulted in two felony arrests, drug charges, and the ability to return $600 worth of stolen merchandise. The Safeway Store Manager was extremely grateful.
David Burton, Museum Director, Community Services Department: David Burton has been the Director of the Grace Hudson Museum for the last six years. During his tenure, he has guided the Museum on a path of ever-increasing professionalism and national recognition. He has cultivated a deepening relationship with Native American community members, most notably seen in the Gathering Time exhibition, the first ever exhibition curated by and featuring Native American Artists.
Though not a job requirement, Mr. Burton has served on both the Visit Ukiah Board and the Greater Ukiah Business and Tourism Board. More importantly, he has promoted and expanded the statewide recognition of the Museum through his service on the California Association of Museums Board,
City Council Minutes for September 17, 2025, Continued:
serving on the executive committee, the bylaws committee, and chairing the governance committee.
Mr. Burton works long hours, including weekends and evenings, in his pursuit of excellence.
MaryJo Reynolds, Senior Financial Services Specialist, and AJ Johnson, Financial Services Specialist I, Finance Department: This spring, the Accounts Payable (AP) team successfully led the transition from paper to paperless invoice processing—a major shift they embraced with persistence and a commitment to improvement. Most recently, a retirement in Accounts Receivable (AR) created staffing gaps. Without hesitation, both AP staff stepped up to help: one split time between AP and AR to support the temporary hire, while the other took on additional work and even offered to postpone a planned vacation. Despite increased pressure, they remained positive and focused. Their flexibility, teamwork, and dedication have been critical to keeping operations running smoothly during a time of transition, and it has been truly appreciated.
Staff Comment: Christian Ballestrazze, Police Officer; David Burton, Museum Director; MaryJo Reynolds, Senior Financial Services Specialist; and AJ Johnson, Financial Services Specialist I, Finance Department.
b. Council to Receive Presentation on the Ukiah Valley Golf Course 2025/2026 Capital Improvement Plan.
Presenters: Maya Simerson, Project and Grant Administrator and Jake Burgess, Community Services Supervisor.
No public comment was received.
Presentation was received.
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 September 3, 2025, Regular Meeting.
Motion/Second: Criss/Orozco to approve Minutes of September 3, 2025, a regular meeting, 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. Approval of Budget Amendment in the Amount of $126,000 for Cybersecurity with Convergent Computing (CCO) – Information Services.
b. Notification to Council of a Billing Error that Affected the Retention Amount on the Kirby Construction Company Contract for Specification No 24-04, Electric Service Center Tenant Improvements and Fire Damage Repair – Electric Utility. c. Consideration of Adoption of Resolution (2025-46) Appointing Chantal Simonpietri to the Public Spaces Commission – City Clerk.
d. Consideration of Additional Funding for the Proposed Ukiah Electric Vehicle Charging Stations Project, and Approve Corresponding Budget Amendment – Electric Utility.
City Council Minutes for September 17, 2025, Continued:
e. Authorization for the City Manager to Negotiate and Execute an Amendment to the Contract (2021-181-A3) for Medical Control Oversight with Dr. Brandon Begley, Extending the Contract to the End of the 25/26 Fiscal Year and an Increase in the Amount of $51,600 – Fire.
Public Comment: Chantal Simonpietri.
Motion/Second: Rodin/Orozco to approve Consent Calendar Items 8a-8e, 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: James Gore – Running for Senator, introducing self.
10. COUNCIL REPORTS
Presenter: Councilmember Orozco.
11. CITY MANAGER/CITY CLERK REPORTS
Presenter: Sage Sangiacomo, City Manager.
FEMA Floodplain Maps
12. PUBLIC HEARINGS (5:30 PM)
a. Conduct a Public Hearing and Consideration of the Lookout Peak Trail Project Including the Adoption of a Resolution Adopting the California Environmental Quality Act (CEQA) Initial Study and Mitigated Negative Declaration (ISMND) Prepared for the Lookout Peak Trail Project; and Authorize the City Manager to Negotiate a Donation of Trail Construction by the Ukiah Valley Trail Group.
Presenters: Neil Davis, Community Services Director and Katherine Schaefers, Planning Manager.
PUBLIC HEARING OPENED AT 6:09 P.M.
Public Comment: Kylle St. Pierre (handout given), Paul Outin, Fred Conklin, Paul Outin (speaking for a second time), Jason Strnad, Carol Mordhorst, Dennis Aseltyne, Mike Cannon, Fred Conklin, JoAnn Henrie, Eileen Russell, Joseph Sorenson, Sean White (speaking as a citizen), Andrea Davis, Dean Richards, Chess, Chantal Simonpietri, Kylle St. Pierre (speaking for second time).
PUBLIC HEARING CLOSED AT 6:48 P.M.
Motion/Second: Criss/Rodin to adopt a resolution (2025-47) adopting the California Environmental Quality Act (CEQA) Initial Study and Mitigated Negative Declaration (ISMND) prepared for the Lookout Peak Trail Project. Motion carried by the following roll call votes: AYES: Rodin, Criss, Orozco, Sher, and Crane. NOES: None. ABSENT: None. ABSTAIN: None.
Motion/Second: Criss/Sher to authorize the City Manager to negotiate a donation of trail construction by the Ukiah Valley Trail Group. Motion carried by the following roll call votes: AYES:
Rodin, Criss, Orozco, Sher, and Crane. NOES: None. ABSENT: None. ABSTAIN: None.
RECESS: 7:02 – 7:12 P.M.
City Council Minutes for September 17, 2025, Continued:
b. Proposition 218 Protest Hearing and Consideration of Adjustments to Sewer Service Rates by Resolution.
Presenters: Dan Buffalo, Finance Director and Mark Hildebrand, Hildebrand Consulting.
Staff Comment: Sean White, Water Resources Director.
PUBLIC HEARING OPENED AT 7:28 P.M.
No public comment was received.
PUBLIC HEARING CLOSED AT 7:29 P.M.
Motion/Second: Rodin/Sher to adopt a resolution (2025-48) adjusting sewer service rates, with the first increase effective October 1, 2025. Motion carried by the following roll call votes: AYES: Rodin, Criss, Orozco, Sher, and Crane. NOES: None. ABSENT: None. ABSTAIN: None. c. Conduct a Public Hearing to Receive Public Comment; Discuss Final Grantee Performance Under State Community Development Block Grant 21-CDBG-NH-20004; Adopt Resolution Confirming Project Closeout and Reimbursement of Grant Expenses from the California Department of Housing and Community Development; and Approve any Corresponding Budget Amendments Required as Part of the Grant Closeout Process.
Presenter: Jim Robbins, Housing and Grants Manager.
PUBLIC HEARING OPENED AT 7:34 P.M.
No public comment was received.
PUBLIC HEARING CLOSED AT 7:34 P.M.
Motion/Second: Rodin/Criss to receive report on final performance related to State Community Development Block Grant 21-CDBG-NH-20004, adopt a resolution (2025-49) acknowledging accomplishments, confirming activity completion, and confirming approval for receipt of grant reimbursement funds from the State, and approve any corresponding budget amendments required as part of the grant closeout process. Motion carried by the following roll call votes: AYES: Rodin, Criss, Orozco, Sher, and Crane. NOES: None. ABSENT: None. ABSTAIN: None.
13. UNFINISHED BUSINESS
a. Continue Hearing to Resolve Bid Protests Received for Specification No. 25-04 for the Remodel of 501 South State Street, and Approve Final Award.
Presenters: Myles Fisette, Purchasing Manager and Matt Keizer, Chief Building Official.
PUBLIC HEARING OPENED AT 7:59 P.M.
Public Comment: Casey Cupples and JR Da Silva.
PUBLIC HEARING CLOSED AT 8:10 P.M.
Motion/Second: Crane/Criss to adopt the proposed decision to reject the protest submitted by Cupples and Sons Construction Inc., accept the counterprotest from DMR Builders, waive the irregularity in DMR Builder's bid, and award the contract to the lowest responsible bidder, DMR Builders, in the amount of $3,487,850 for Specification No. 25-04, Remodel of 501 South State
City Council Minutes for September 17, 2025, Continued:
Street. Motion carried by the following roll call votes: AYES: Rodin, Criss, Orozco, and Crane.
NOES: Sher. ABSENT: None. ABSTAIN: None.
14. NEW BUSINESS
a. Possible Introduction of Camping Ordinance Amendment by Title Only.
Presenters: Darcy Vaughn, Assistant City Attorney and Tom Corning, Police Chief.
Public Comment: Jordan Uggla and Megan Wolf.
Motion/Second: Rodin/Sher to introduce an ordinance by title only. Motion carried by the following roll call votes: AYES: Rodin, Criss, Orozco, Sher, and Crane. NOES: None. ABSENT: None.
ABSTAIN: None.
City Clerk, Kristine Lawler, read the following ordinance title into the record:
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING DIVISION 7, CHAPTER 1, ARTICLE 8 OF THE UKIAH CITY CODE, ENTITLED “CAMPING” TO REFLECT GUIDANCE PROVIDED BY STATE OF CALIFORNIA IN ITS “MODEL ORDINANCE:
ADDRESSING ENCAMPMENTS WITH URGENCY AND DIGNITY.”
Motion/Second: Rodin/ Sher to introduce the Camping Ordinance Amendment. Motion carried by the following roll call votes: AYES: Rodin, Criss, Orozco, Sher, and Crane. NOES: None. ABSENT:
None. ABSTAIN: None.
b. Introduction of an Ordinance by Title Only and Adoption of the Corresponding Resolution of the City of Ukiah Adopting the 2025 Edition of the California Fire Code, Part 9, With Amendments, as Well as the 2025 Edition of the California Wildland-Urban Interface Code, Part 7, Regulating and Governing the Safeguarding of Life and Property From Fire and Explosion, and Providing for the Issuance of Permits, and Repealing All Other Ordinances and Parts of Ordinances of the City of Ukiah Fire Prevention Code in Conflict Herewith.
Presenter: Matt Keizer, Chief Building Official.
No public comment was received.
Motion/Second: Rodin/Orozco to introduce an ordinance by title only. Motion carried by the following roll call votes: AYES: Rodin, Criss, Orozco, Sher, and Crane. NOES: None. ABSENT:
None. ABSTAIN: None.
City Clerk, Kristine Lawler, read the following ordinance title into the record:
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING DIVISION 6, CHAPTER 3, ARTICLES 1 AND 3 OF THE UKIAH CITY CODE, ENTITLED: FIRE PREVENTION CODE.
Motion/Second: Criss/Rodin to introduce an Ordinance adopting the 2025 California Fire Code and the 2025 Wildland-Urban Interface Code, and adopt a resolution (2025-50) establishing the findings of fact, including additions or amendments, to address local conditions. Motion carried by the following roll call votes: AYES: Rodin, Criss, Orozco, Sher, and Crane. NOES: None. ABSENT:
None. ABSTAIN: None.
City Council Minutes for September 17, 2025, Continued:
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:
No reports were received.
THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 9:08 P.M.
15. CLOSED SESSION
a. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(4))
Initiation of litigation (1 case)
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 d. 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
e. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 170-030-05; 170-030-03; 170-010-05; 170-020-07; 170-020-11; 170-040-03; 170-020-08
Negotiator: Sage Sangiacomo, City Manager
Negotiating Parties: Project Ovis LLC
Under Negotiation: Price & Terms of Payment
f. Threat to Public Services or Facilities
Consultation with: Dan Buffalo, Director of Finance and Scott Shaver, Interim Information Technology Manager
g. 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 9:55 p.m. ________________________________
Kristine Lawler, CMC
City Clerk
AGENDA ITEM 6b
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/84685724162 October 6, 2025
4:30 p.m.
1. ROLL CALL AND PLEDGE OF ALLEGIANCE
Ukiah City Council met at a Special Meeting on October 6, 2025, having been legally noticed on October 3, 2025. The meeting was held in person and virtually at the following link:
https://us06web.zoom.us/j/84685724162. Mayor Crane called the meeting to order at 4:35 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.
The Pledge of Allegiance was led by Mayor Crane.
2. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No public comment was received.
3. CONSENT CALENDAR
a. Consider Authorization for the Mayor to Finalize and Execute a Memorandum of Understanding (2526-119) Confirming Public Safety and Animal Control Services for Pinoleville Pomo Nation – Police.
b. Approval of the Adding of a Management Analyst I/II (Housing and Grants Specialist/Coordinator) Position in the Community Development Department; and Approval of Corresponding Budget Amendment – Community Development. c. Authorization for the City Manager to Respond to a Letter from Department of Corrections and Rehabilitation Objecting to Two of the Proposed Locations for a Parole Office in Ukiah – City Manager.
d. Approval of Proposal Received from Plant Road Farming, Authorize the City Manager to Negotiate and Execute an Agreement (2526-120) with Plant Road Farming, and Approve Corresponding Budget Amendment – Water Resources.
Tom Corning, Police Chief addressed questions regarding Agenda item 3a.
Motion/Second: Criss/Rodin to approve Consent Calendar Items 8a-8d, with the updated recommended action for agenda item 8d. Motion carried by the following roll call votes: AYES:
Rodin, Criss, Orozco, Sher, and Crane. NOES: None. ABSENT: None. ABSTAIN: None.
4. UNFINISHED BUSINESS
City Council Minutes for October 6, 2025, Continued:
5. NEW BUSINESS
a. Adoption of a Resolution Approving Successor Memoranda of Understanding Between the City of Ukiah and Employee Bargaining Units — International Brotherhood of Electrical Workers, Local 1245, Ukiah Police Officers Association, Management Unit, and Department Head Unit — Effective September 19, 2025, through September 18, 2028, and Corresponding Salary Schedules; and Authorize the City Manager to Execute the Agreements and Amend the Budget Accordingly.
Presenter: Sheri Mannion, Human Resources Director/Risk Manager.
No public comment was received.
Motion/Second: Sher/Criss to adopt a Resolution (2025-51) approving the successor Memoranda of Understanding between the City of Ukiah and Employee Bargaining Units — International Brotherhood of Electrical Workers Local 1245 (2526-121), Ukiah Police Officers Association (2526- 122), Management Unit (2526-123), and Department Head Unit (2526-124) — effective September 19, 2025, through September 18, 2028, and corresponding Salary Schedules; and authorize the City Manager to execute the agreements on behalf of the City and amend the budget accordingly. 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 4:48 P.M.
6. CLOSED SESSION
a. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(4))
Initiation of litigation (1 case)
b. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(2) or (3))
Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9 (1case)
c. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018- 70200
d. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort, Inc v. City of Ukiah, et al.; Case No. 24-cv-07106-JSC e. 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
City Council Minutes for October 6, 2025, Continued:
f. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 170-030-05; 170-030-03; 170-010-05; 170-020-07; 170-020-11; 170-040- 03; 170-020-08
Negotiator: Sage Sangiacomo, City Manager
Negotiating Parties: Project Ovis LLC
Under Negotiation: Price & Terms of Payment
g. 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.
7. ADJOURNMENT
There being no further business, the meeting adjourned at 5:15 p.m. ________________________________
Kristine Lawler, City Clerk
Agenda Item No: 8.a.
MEETING DATE/TIME: 10/15/2025
ITEM NO: 2022-1479
AGENDA SUMMARY REPORT
SUBJECT: Report of Disbursements for the Month of August 2025.
DEPARTMENT: Finance PREPARED BY: MaryJo Reynolds
PRESENTER: Consent Calendar
ATTACHMENTS:
1. August 2025 Summary of Disbursements
2. Account Codes for Reference
3. Object Codes for Reference
4. August 2025 Disbursement Detail
Summary: The Council will review and consider approval of the report of disbursements for the month of August 2025.
Background: Payments made during the month of August 2025 are summarized in the Report of Disbursements. Further details are supplied on the Schedule of Bills, representing the four (5) individual payment cycles within the month.
Accounts Payable Check Numbers (City & UVFA): 3063774-363913; 3063914-3064021; 3064022-3064112; 3064113-3064225; 3064226-3064341
Accounts Payable Wire Transfer: NA
Payroll Check Numbers: 58274-518347; 518348-518449
Payroll Manual Check Numbers: 518348-518350
Direct Deposit Numbers: 138895-139242; 139243-139608
Manual Direct Deposit Numbers: NA
Void Check Numbers: 3061853, 3063797, 3063839, 3063889, 3063584, 3063684 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: August 2025 Summary of Disbursements
Attachment #2: Account Codes for Reference
Attachment #3: Object Codes for Reference
Attachment #4: August 2025 Disbursement Detail
Recommended Action: Approve the report of disbursements for the month of August 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 $288,165.05 700 Sanitary Disposal Site Fund $49,106.97 101 GF-(Sub-Fund) Visit Ukiah $24,319.68 701 Landfill Corrective Fund 105 GF-(Sub-Fund) Fire Authority $62,661.63 702 Disposal Closure Reserve Fund 106 USDA Forest Serv CWDG $13,343.06 704 Post Closure Fund - Solid Waste 110 Special General Fund 710 Ambulance Services Fund $95,594.37 120 Streets Capital Improvement 720 Golf Fund $53,603.93 130 Gov'tl Debt SVC/Reserve Fund 730 Confernence Center Fund $22,048.53 131 Debt Service Reserve 2022 LRB 750 Visit Ukiah
200 City Adminstrative Services $101,460.52 777 Airport Fund $127,432.16 201 Worker's Comp Fund 778 Airport Capital Improvement Fund 202 Liability Fund 779 Special Aviation Fund
203 Garage Fund $11,617.06 800 Electric Fund $1,358,076.70 204 Purchasing Fund $2,394.88 801 Electric Capital Reserve Fund $646.52 205 Billing & Collections Fund $24,829.70 803 Lake Mendocino Bond Reserve 206 Public Safety Dispatch Fund $21,578.14 805 Street Lighting Fund $12,225.53 207 Payroll Posting Fund $885,711.11 806 Public Benefits Fund $29,319.37 208 Building Maintenance/Corp Yard Fund $89,201.81 807 Cap and Trade 209 IT Fund $293,632.43 808 Electric Low Carbon Fuel STDS $1,000.00 220 Equipment Reserve Fund 820 Water Fund $213,123.76
249 City Housing Bond Proceeds 821 Water Capital Reserve Fund $55,314.65 250 Special Revenue Fund 822 Water Capital Improvement Fund $182,801.02 251 Special Projects Reserve Fund 830 Recycled Water Fund $628,265.58 252 Streets/ROW Improvement Fund $1,662,419.02 840 City/District Sewer Fund $297,371.32 253 CITY PROP 172 841 Sewer Contruction Fund $1,008,178.30 300 Park Development Fund $224.74 843 Sewer Capital Fund 301 Anton Stadium Fund 900 Special Deposit Trust $41,992.59 302 Observatory Park Fund 901 General Service (Accts Recv) $1,417.54 303 Playground & Park Amenities Fund 902 U.S.W. Billing & Collection $63,403.95 304 Swimming Pool Fund 903 Public Safety - AB 109 $0.00 305 Riverside Park Fund 905 Federal Emergency Shelter Grant 306 Skate Park Fund 905 Mendocino Emergency Service Authority 308 Opioid Settlement Fund 911 Russian River Watershed Association $53,488.62 310 Museum Grants $0.00 915 UVFD $8,110.00
311 Alex Rorbaugh Recreation Center Fund $6,932.27 916 UVFD PROP 172 312 Downtown Business Improvement Fund $1,150.25 917 UVFD Measure B 313 LMIHF Housing Asset Fund 918 UVFD Mitigation
314 Winter Special Events $217.35 920 MSWMA Operations $99,025.79 315 Advanced Planning Fund 922 Millview County Water District $60,442.16 316 SPECIAL RECREATION EVENTS $1,293.50 923 Milview Capital Charge 500 2106 Gas Tax Fund 927 Redwood Valley Water District $414,468.64 501 2107 Gas Tax Fund 932 Willow Water District Operations $19,182.90 503 2105 Gas Tax Fund 937 Calpella Water District Operations $1,922.75 505 Signalization Fund 937 Calpella Sewer $3,306.31
506 Bridge Fund 940 Sanitation District Special Fund
507 1998 STIP Augmentation Fund 942 Rate Stabilization - UVSD Fund 508 SB325 Reimbursement Fund $12,267.50 943 Sanitation District Capital Improvement Fund 509 S.T.P. Fund 945 River Estate Operations $5,394.52
510 Trans-Traffic Congest Relief Fund 947 Hopland Water Operations $4,275.32 511 Rail Trail Fund $246,331.11 950 Hopland Sewer Operations $4,039.25 600 Community Development Block Grant 952 REDIP Sewer Enterprise Fund 601 EDBG 94-333 Revolving Loan 960 Community Redevelopment Agency 602 Community Development Fund 961 RDA Housing Pass-Through 603 08-HOME-4688 962 Redevelopment Housing Fund
604 CDBG Grant 09-STBG-6417 963 Housing Debt
605 11-HOME-7654 Fund $0.00 964 RDA Capital Pass-Through 606 CDBG Grant 10-EDEF-7261 965 Redevelopment Capital Improvement Fund 607 Prop 84 Grant Fund 966 Redevelopment Debt Service
609 13-CDBG-8940 967 Housing Bond Proceeds
610 City RDA Projects Fund 968 Non-Housing Bond Proceeds 613 Home Program Activities 969 RDA Obligation Retirement Fund $2,822.04 620 CASP Train 844/944 Sewer Capital Projects Fund $2,000.00 630 Asset Seizure Fund $2,604.73
631 Asset Seizure Fund (Drug/Alcohol)
633 H & S Education 11489(B)(2)(A1)
634 Federal Asset Seizure Grants Retainage Withheld $124,226.70 635 SUP Law Enforcement Service Fund 611 CDBG 16-CDBG-11147 636 CBTHP Officer
637 Local Law Enforcement Block Grant
638 Asset Forfeiture 11470.2 H & S
639 Special Revenue - Police
640 Parking District Fund $2,960.80
670 Federal American Rescue Fund
691 Museum Fund
695 Transfer Station Fund
696 Solid Waste Mitigation Fund
PAYROLL CHECK NUMBERS: 518274-518347
DIRECT DEPOSIT NUMBERS: 138895-139242
PAYROLL PERIOD: 07/20/25-08/02/25
PAYROLL CHECK NUMBERS: 518348-518449
DIRECT DEPOSIT NUMBERS: 139243-139608
PAYROLL PERIOD: 08/03/25-08/16/25
PAYROLL CHECK NUMBERS: TOTAL DEMAND PAYMENTS- A/P CHECKS $8,798,944.13 DIRECT DEPOST NUMBERS: TOTAL DEMAND PAYMENTS- EFT's $0.00 PAYROLL PERIOD: TOTAL PAYROLL CHECKS & DIRECT DEPOSITS $1,665,729.31 TOTAL PAYROLL EFT's (TAXES, PERS, VENDORS) $903,630.64
VOID CHECK NUMBERS: * vendor name( if applicable)
3061853, 3063797, 3063839, 3063889,
3063584, 3063684
518348-518350
WIRE TRANSFER NUMBERS:
NA TOTAL PAYMENTS $11,368,304.08
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
I have examined this Register and approve same. CERTIFICATION OF DIRECTOR OF FINANCE 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 AUGUST 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
92300000 MILLVIEW CAPITAL CHARGE
92700000 REDWOOD VALLEY WATER DISTRICT
93700000 CALPELLA WATER DISTRICT OPERATION
93800000 CALPELLA SEWER
94500000 RIVER ESTATES OPERATIONS
94700000 HOPLAND WATER OPERATIONS
95000000 HOPLAND SEWER OPERATIONS
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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List of Checks Presented for Approval on 8/1/2025 Attachment 4
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The following list of bills payable was reviewed and approved for payment.
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List of Checks Presented for Approval on 8/8/2025
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List of Checks Presented for Approval on 8/15/2025
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List of Checks Presented for Approval on 8/25/2025
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Agenda Item No: 8.b.
MEETING DATE/TIME: 10/15/2025
ITEM NO: 2025-1062
AGENDA SUMMARY REPORT
SUBJECT: Adoption of a Camping Ordinance Amendment.
DEPARTMENT: City Attorney PREPARED BY: Darcy Vaughn, Assistant City Attorney PRESENTER: Darcy Vaughn, Assistant City Attorney
ATTACHMENTS:
1. Camping Ordinance Amendment Redline
2. Camping Ordinance Amendment Clean
3. Mendocino County Homeless Encampment Coordination Protocol
4. UPD Policy 429
5. 8b Correspondence Received - Anonymous
Summary: City Council will consider adopting a Camping Ordinance Amendment that responds to City of Grants Pass v. Johnson and incorporates elements of the State's Model Encampment Ordinance.
Background: The U.S. Supreme Court ruling in City of Grants Pass v. Johnson issued on June 28, 2024, centered around a local jurisdiction’s ability to enforce a ban on public camping when sufficient shelter for unhoused individuals is not available. The ruling reversed a Ninth Circuit decision that prohibited local restrictions on public camping as unconstitutional cruel and unusual punishment under the Eighth Amendment, unless the person was provided access to adequate temporary shelter. This ruling allows local jurisdictions greater latitude to enforce anti-camping rules even when alternative shelter is not offered to the unhoused individual. The City of Ukiah's current City Code provisions prohibiting public camping were adopted in February 2019 and reflect the previous Ninth Circuit limitations on the authority state and local government entities to enforce public camping prohibitions. These limiting regulations are no longer required in light of the Supreme Court ruling and, as such, the City may revert to the provisions of the Camping Ordinance that were originally adopted in 2005.
On July 25, 2024, in response to the Supreme Court's holding that states and their subdivisions can take reasonable actions to clear encampments, the Governor of the State of California signed Executive Order N-1- 24, which directed state agencies to develop policies to prioritize addressing encampments on state property while providing reasonable advance notice and partnering with shelter and services providers. Executive Order N-1-24 also encouraged local governments to adopt similar policies, and to use all available resources and infrastructure, including the historic resources provided by the State, to take urgent action to humanely remove encampments from public spaces.
On May 12, 2025, the Governor released a model ordinance (“Model Ordinance”) for cities and counties to address unhealthy and dangerous encampments and which follows and builds on the Executive Order N-1-24 by providing model methods to local jurisdictions to quickly address encampments and use state and local funding to connect people experiencing homelessness with the care and support they need.
Discussion: In response to the Supreme Court's decision in City of Grants Pass v. Johnson and the Governor's Executive Order N-1-24 and Model Ordinance for addressing the public health and safety issues posed by public camping and encampments, City staff propose a number of amendments to the current City Code provisions prohibiting public camping. The proposed Camping Ordinance Amendment is attached to
this staff report in redline as Attachment 1 and as a clear version in Attachment 2. The Ordinance includes the following changes to the current anti-camping provisions in the City Code, which revert the City's camping regulations back to those originally adopted by ordinance in 2005, add clarity to the anti-camping provisions, and allow these provisions to be enforced by City staff members who are not law enforcement officers:
1. The Ordinance removes the requirement that the public camping provisions can be enforced only if shelter space is available and the individual who is camping in the public right of way in violation of the Ordinance refuses to use the shelter space. In addition, the Ordinance removes a number of provisions that were intended to limit public camping to certain hours, locations, and encampment size in the event that the lack of available shelter space made enforcement of the Ordinance impossible. Finally, the Ordinance requires that Ukiah Police Department officers or other City officials who are delegated the authority to enforce the Ordinance make reasonable efforts to assist an individual who is violating the Ordinance to find alternate shelter and supportive services.
2. The Ordinance authorizes the Chief of the Ukiah Police Department to delegate enforcement authority to other City officials.
3. The Ordinance adds an explicit prohibition on camping in the public right of way, in a manner that impedes passage within the meaning of the Americans with Disabilities Act.
While the Model Ordinance sets forth required procedures for enforcement of public camping prohibitions that are intended to prevent unconstitutional enforcement of such provisions, the Camping Ordinance Amendment retains the City's current approach, which requires the Ukiah Police Department to "adopt a policy establishing procedures to be followed . . . in the enforcement of [the Ordinance] that prevent [the Ordinance] from being enforced in an arbitrary or discriminatory manner and that prevent the violation of the constitutional right to due process and to be free from unreasonable search or seizure." Furthermore, while the Model Ordinance outlines procedures for collecting and retaining personal property collected at encampment sites, the Camping Ordinance Amendment retains the City Council's authority and responsibility to set such procedures by resolution. The Ukiah Police Department and Mendocino County Department of Social Services recently adopted an updated Homeless Encampment Coordination Protocol (Attachment 3) that is intended, in part, to ensure constitutional enforcement of the City's public camping prohibition and to set forth procedures for collecting and storing personal property collected from camp sites and encampments while preventing health and safety threats to City and County officials changed with collecting and storing such personal property.
Ukiah Police Department Policy 429 (Attachment 4) outlines specific guidance regarding interactions with homeless individuals. The Policy states that when officers encounter a homeless person who has committed a non-violent misdemeanor and their continued freedom is not likely to result in further offenses or a breach of the peace, officers are encouraged to pursue long-term solutions—such as shelter referrals or counseling—in lieu of arrest. This Policy reflects the department’s commitment to a balanced and compassionate approach when addressing issues related to homelessness. Additionally, the UPD works closely with members of the Heads Up Mendocino project, which provides a mechanism for law enforcement agencies to connect individuals in need with Behavioral Health and Social Services when their challenges fall outside the scope of the criminal justice system. The Department’s mission is not to penalize individuals for being homeless, but enforcement action is sometimes necessary when unlawful camping activities negatively impact public spaces, businesses, or the broader community.
The City has also actively pursued the facilitation of new housing units and the expansion of housing services.
Starting in 2017 with the adoption of the City's Housing Strategy, Staff across the City have implemented a "whole-City approach," to streamline the zoning code and accelerate the permitting process; set up, capitalize, and award funding from the Ukiah Housing Trust Fund to develop new affordable housing projects; build and maintain relationships with housing partners; and design and launch first time home buyer, tenant based rental assistance, utility assistance, and housing rehabilitation programs for qualifying low-income households. Due to these efforts, in 2023, Ukiah became the first rural Northern California city to be awarded the ProHousing designation from the California Department of Housing and Community Development (HCD).
On September 18, 2025, Council unanimously approved the introduction of this Ordinance. The current version of the Ordinance reflects a wide array of community, City staff, and Council input. Staff now recommends Council adopt the Camping Ordinance Amendment, which will go into effect thirty (30) days after adoption.
Recommended Action: Adopt the Camping Ordinance Amendment.
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: Tom Corning, Ukiah Police Department; Craig Schlatter, Community Development STRATEGIC PLAN (SP): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A
ORDINANCE NO.X
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING DIVISION 7, CHAPTER 1, ARTICLE 8 OF THE UKIAH CITY CODE, ENTITLED “CAMPING” TO REFLECT GUIDANCE PROVIDED BY STATE OF CALIFORNIA IN ITS “MODEL ORDINANCE: ADDRESSING ENCAMPMENTS WITH URGENCY AND DIGNITY.” The City Council of the City of Ukiah hereby ordains as follows:
SECTION ONE. FINDINGS AND DECLARATION OF INTENT
1. Unauthorized overnight camping in the City poses significant risks to public health and safety, including environmental damage.
2. Such camping can expose the campers to crimes from which they would be protected, if they were camping in designated campgrounds or facilities.
3. Unauthorized overnight camping occurs where proper sanitation and cooking facilities are not available resulting in unhealthful and unsanitary conditions.
4. Unauthorized overnight camping in the floodway results in trash, human waste and food waste being deposited in close proximity to creeks, streams and rivers. These waterways are used for recreation and drinking water and support fish and wildlife.
5. Unauthorized overnight camping and the storage of camping paraphernalia on public property interferes with the general public’s access and use of such property for the purposes for which it is intended.
6. Unauthorized overnight camping and the adverse impacts from such activity pose a significant public health and environmental problem in the City.
7. After the United States Supreme Court’s decision in Grants Pass v. Johnson clarified that states and their subdivisions can take reasonable actions to clear encampments, the Governor of the State of California signed Executive Order N-1-24, which directed state agencies to develop policies to prioritize addressing encampments on state property while providing reasonable advance notice and partnering with shelter and services providers.
8. Executive Order N-1-24 also encouraged local governments to adopt similar policies, and to use all available resources and infrastructure, including the historic resources provided by the State, to take urgent action to humanely remove encampments from public spaces.
9. On May 12, 2025, the Governor released a model ordinance (“Model Ordinance”) for cities and counties to address unhealthy and dangerous encampments and which follows and builds on the Executive Order N-1-24 by providing model methods to local jurisdictions to quickly address encampments and use state and local funding to connect people experiencing homelessness with the care and support they need.
10. By adopting these amendments to the City’s Camping regulations, the City Council intends to update the application of camping restrictions in the City to reflect the legal effects of Grants Pass v. Johnson and to incorporate elements of the Model Ordinance that will enhance the City’s ability to humanely remove encampments from public spaces, to provide care and support to people experiencing homelessness, and to protect public health and safety and to keep public property accessible and useful to the general public for the purposes for which it was acquired and is maintained.
Attachment 1
SECTION TWO.
Article 8, entitled “Camping” in Division 7, Chapter 1 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by “* * *”):
ARTICLE 8. CAMPING
SECTION:
§6080: Definitions
§6081: Unlawful Camping
§6082: Special Event Permit
§6083: Storage of Personal Property on Public or Private Property §6084: Penalty for Violation
§6085: Enforcement
§6080 DEFINITIONS
The following words shall have the following meanings, when used in this article, unless the context clearly indicates otherwise:
CAMP FACILITIES: Tents, tent-like shelter, tarpaulins, huts, or temporary or permanent structures, when placed on public or private property for the purpose of camping or when used on public or private property to camp. Camp facilities also include recreational or motor vehicles used as camp facilities.
CAMP PARAPHERNALIA: Bedrolls, blankets, tarpaulins, cots, beds, sleeping bags, tents, hammocks, mattresses, sleeping pads, portable stoves, barbecues, grills, cooking pots, or similar equipment when placed on public or private property for the purpose of camping or when used to camp. Camp paraphernalia also includes other personal property, when used or stored with camp paraphernalia as described herein.
CAMP SITE: The physical area on public or private property occupied by camp facilities and/or camp paraphernalia for purposes of camping.
ESTABLISH: Setting up or moving camp facilities, camp paraphernalia or other equipment, supplies or materials onto public or private property to camp or make ready to camp.
FLOODWAY: The area designated as "floodway" on the Flood Boundary Floodway Map issued by the Federal Emergency Management Authority ("FEMA") for the City of Ukiah, regardless of ownership, and any other area within fifty feet (50') of the top of the bank of any creek, stream, river or drainage facility the purpose of which is to channel water to a creek, stream or river.
MAINTAIN: Keeping or permitting camp facilities, camp paraphernalia or other equipment, supplies or materials to remain on public or private property to camp or make ready to camp.
MOTOR VEHICLE: A self-propelled car, truck or van or other motorized vehicle that can carry two (2) or more persons within an enclosed or enclosable portion thereof.
OCCUPY: To be physically present and/or reside at a camp site.
OPERATE: Participating or assisting in establishing or maintaining a camp or camp facility.
PERMANENT: When used in reference to a camp site, camp facilities, camp paraphernalia or other equipment, supplies or materials: any camp facility, camp paraphernalia or other equipment, supplies or materials that cannot be broken down, packed up, and removed from a camp site as readily as a tent or tentlike structure, as commonly used for temporary recreational camping.
PRIVATE PROPERTY: Real property that is not public property, including, but not limited to, streets, sidewalks, and improved or unimproved land.
PUBLIC PROPERTY: Real property that is open to the public and owned by a government body or agency such as, but not limited to, the Federal government, the State of California, the County of Mendocino, the City of Ukiah, and special districts, regardless of the form of ownership, including, but not limited to, streets, sidewalks, and improved or unimproved land and parks.
RECREATIONAL OR MOTOR VEHICLES USED AS CAMP FACILITIES: Recreational or motor vehicles when placed on public or private property to camp.
RECREATIONAL VEHICLE: As defined in California Health and Safety Code section 18010.
RECREATIONAL VEHICLE PARK OR MOBILE HOME PARK: Any area of land within the City licensed pursuant to the California Health and Safety Code as a mobile home park, as defined in California Health and Safety Code section 18214, or a special occupancy park as defined in California Health and Safety Code section 18862.43, which has a currently effective city business license, and in which space is rented or held out for camping.
SIDEWALK: Any area of public property adjacent to a street, or within a parking lot, whether improved or unimproved, and commonly intended or designed for pedestrian use.
STORE: To put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.
STREET: A street, alley, way or place of whatever nature, publicly or privately maintained for purposes of vehicular travel. "Street" includes highway, as that term is defined in the California Vehicle Code.
TO CAMP or CAMPING: The occupation of a camp site, either in the open air or using camp facilities and camp paraphernalia, including to place, pitch, or use, as applicable, camp facilities or camp paraphernalia for such purposes.
§6081 UNLAWFUL CAMPING
Except as provided in this article, it is unlawful and a public nuisance for any person to camp, or to establish, maintain, operate or occupy a camp site, camp facilities, or use camp paraphernalia in or upon the areas listed in subsections A through F G of this section:
A. Any public park except as provided for in section 1967 of this code; B. Any sidewalk;
C. Any public right of way, in a manner that impedes passage within the meaning of the Americans with Disabilities Act.
CD. Any street except for recreational or motor vehicles used as camp facilities that are legally parked and do not remain parked longer than the posted time limit, if any, or twelve (12) hours, whichever is less;
DE. Any other public property except as otherwise permitted in this article; EF. Any floodway whether on public or private property; FG. Any private property, except when permitted under subsection G H of this section.
GH. The prohibitions on camping do not apply to:
1. Camping on private residential property by friends or family of the property owner or person in lawful possession of the property, so long as the owner or lawful occupant consents, and the camping does not create a public or private nuisance;
2. Mobile home parks and special occupancy parks or other locations where camping is specifically allowed under the Ukiah City Code;
3. Camping on public or private property in connection with a special event, when authorized pursuant to section 6082 of this code.
H. No person shall be in violation of the general prohibition on camping on public property contained in subsection D of this section unless:
1. The person is informed of the location of homeless shelters currently in operation in the City or outside of but within one mile of the City limits;
2. Such shelter is actually available to the person; and
3. The person voluntarily refuses to utilize or sleep in such shelter.
I. Even if the prohibition on camping does not apply, because the requirements set forth in subsection H of this section are not met, establishment, maintenance, operation or occupation of camp facilities is prohibited between the hours of seven o’clock (7:00) A.M. and ten o’clock (10:00) P.M. and constitutes a violation of this section, except as otherwise permitted herein.
J. Even if the prohibition on camping does not apply, because the requirements set forth in subsection H of this section are not met, establishment, maintenance, operation or occupation of a camp site, camp facilities, or use of camp paraphernalia within an area larger than sixty-four (64) square feet per person is prohibited and constitutes a violation of this section, except as otherwise permitted herein.
KI. Recreational or motor vehicles used as camp facilities shall be allowed to occupy a space equal to the dimensions of the vehicle, if parking in the space is otherwise permitted under this code, but the establishment, maintenance, operation, or occupation of a camp, camp facilities, or use of camp paraphernalia outside the vehicle is prohibited and constitutes a violation of this section except as otherwise permitted herein.
LJ. Establishment, maintenance, operation or occupation of permanent camp facilities or camp paraphernalia for camping; attaching permanent structures to trees or other on-site fixtures and the associated installation of fencing or similar materials is prohibited and constitutes a violation of this section.
* * *
§6083 STORAGE OF PERSONAL PROPERTY ON PUBLIC OR PRIVATE PROPERTY
It is unlawful and a public nuisance for any person to store camp paraphernalia in the following areas:
A. Any public property;
B. Any floodway; or
C. Outside a structure on any private property without the prior written consent of the owner. §6084 ENFORCEMENT
A. The Ukiah Police Department shall adopt a policy establishing procedures to be followed by its officers, and any other City officials delegated with the authority to enforce this Article by the Chief of the Department, in the enforcement of this article that prevent this article from being enforced in an arbitrary or discriminatory manner and that prevent the violation of the constitutional right to due process and to be free from unreasonable search or seizure. The City Council shall adopt by resolution procedures for removing personal property from an area used for camping in violation of this article and provide an opportunity and procedure for any person to claim property removed by the City from a site used for camping in violation of this article.
B. Members of the Ukiah Police Department or any other City officials delegated with the authority to enforce this Article by the Chief of the Department shall make every reasonable effort to identify and offer shelter at an emergency shelter, navigation center, or other appropriate housing, and to offer supportive services, to persons who are camping in violation of this Article. * * *
SECTION THREE.
1. Publication: Within fifteen (15) days after its adoption, this Ordinance shall be published once in a newspaper of general circulation in the City of Ukiah. In lieu of publishing the full text of the Ordinance, the City may publish a summary of the Ordinance once 5 days prior to its adoption and again within fifteen (15) days after its adoption.
2. Effective Date: The ordinance shall become effective thirty (30) days after its adoption.
3. Severability: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Ukiah hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
Introduced by title only on , 2025, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Adopted on , 2025, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Douglas F. Crane, Mayor
ATTEST:
Kristine Lawler, CMC/City Clerk
ORDINANCE NO.X
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING DIVISION 7, CHAPTER 1, ARTICLE 8 OF THE UKIAH CITY CODE, ENTITLED “CAMPING” TO REFLECT GUIDANCE PROVIDED BY STATE OF CALIFORNIA IN ITS “MODEL ORDINANCE:
ADDRESSING ENCAMPMENTS WITH URGENCY AND DIGNITY.”
The City Council of the City of Ukiah hereby ordains as follows:
SECTION ONE. FINDINGS AND DECLARATION OF INTENT
1. Unauthorized overnight camping in the City poses significant risks to public health and safety, including environmental damage.
2. Such camping can expose the campers to crimes from which they would be protected, if they were camping in designated campgrounds or facilities.
3. Unauthorized overnight camping occurs where proper sanitation and cooking facilities are not available resulting in unhealthful and unsanitary conditions.
4. Unauthorized overnight camping in the floodway results in trash, human waste and food waste being deposited in close proximity to creeks, streams and rivers. These waterways are used for recreation and drinking water and support fish and wildlife.
5. Unauthorized overnight camping and the storage of camping paraphernalia on public property interferes with the general public’s access and use of such property for the purposes for which it is intended.
6. Unauthorized overnight camping and the adverse impacts from such activity pose a significant public health and environmental problem in the City.
7. After the United States Supreme Court’s decision in Grants Pass v. Johnson clarified that states and their subdivisions can take reasonable actions to clear encampments, the Governor of the State of California signed Executive Order N-1-24, which directed state agencies to develop policies to prioritize addressing encampments on state property while providing reasonable advance notice and partnering with shelter and services providers.
8. Executive Order N-1-24 also encouraged local governments to adopt similar policies, and to use all available resources and infrastructure, including the historic resources provided by the State, to take urgent action to humanely remove encampments from public spaces.
9. On May 12, 2025, the Governor released a model ordinance (“Model Ordinance”) for cities and counties to address unhealthy and dangerous encampments and which follows and builds on the Executive Order N-1-24 by providing model methods to local jurisdictions to quickly address encampments and use state and local funding to connect people experiencing homelessness with the care and support they need.
10. By adopting these amendments to the City’s Camping regulations, the City Council intends to update the application of camping restrictions in the City to reflect the legal effects of Grants Pass v. Johnson and to incorporate elements of the Model Ordinance that will enhance the City’s ability to humanely remove encampments from public spaces, to provide care and support to people experiencing homelessness, and to protect public health and safety and to keep public property accessible and useful to the general public for the purposes for which it was acquired and is maintained.
Attachment 2
SECTION TWO.
Article 8, entitled “Camping” in Division 7, Chapter 1 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by “* * *”):
ARTICLE 8. CAMPING
SECTION:
§6080: Definitions
§6081: Unlawful Camping
§6082: Special Event Permit
§6083: Storage of Personal Property on Public or Private Property §6084: Penalty for Violation
§6085: Enforcement
§6080 DEFINITIONS
The following words shall have the following meanings, when used in this article, unless the context clearly indicates otherwise:
CAMP FACILITIES: Tents, tent-like shelter, tarpaulins, huts, or temporary or permanent structures, when placed on public or private property for the purpose of camping or when used on public or private property to camp. Camp facilities also include recreational or motor vehicles used as camp facilities.
CAMP PARAPHERNALIA: Bedrolls, blankets, tarpaulins, cots, beds, sleeping bags, tents, hammocks, mattresses, sleeping pads, portable stoves, barbecues, grills, cooking pots, or similar equipment when placed on public or private property for the purpose of camping or when used to camp. Camp paraphernalia also includes other personal property, when used or stored with camp paraphernalia as described herein.
CAMP SITE: The physical area on public or private property occupied by camp facilities and/or camp paraphernalia for purposes of camping.
ESTABLISH: Setting up or moving camp facilities, camp paraphernalia or other equipment, supplies or materials onto public or private property to camp or make ready to camp.
FLOODWAY: The area designated as "floodway" on the Flood Boundary Floodway Map issued by the Federal Emergency Management Authority ("FEMA") for the City of Ukiah, regardless of ownership, and any other area within fifty feet (50') of the top of the bank of any creek, stream, river or drainage facility the purpose of which is to channel water to a creek, stream or river.
MAINTAIN: Keeping or permitting camp facilities, camp paraphernalia or other equipment, supplies or materials to remain on public or private property to camp or make ready to camp.
MOTOR VEHICLE: A self-propelled car, truck or van or other motorized vehicle that can carry two (2) or more persons within an enclosed or enclosable portion thereof.
OCCUPY: To be physically present and/or reside at a camp site.
OPERATE: Participating or assisting in establishing or maintaining a camp or camp facility.
PERMANENT: When used in reference to a camp site, camp facilities, camp paraphernalia or other equipment, supplies or materials: any camp facility, camp paraphernalia or other equipment, supplies or materials that cannot be broken down, packed up, and removed from a camp site as readily as a tent or tentlike structure, as commonly used for temporary recreational camping.
PRIVATE PROPERTY: Real property that is not public property, including, but not limited to, streets, sidewalks, and improved or unimproved land.
PUBLIC PROPERTY: Real property that is open to the public and owned by a government body or agency such as, but not limited to, the Federal government, the State of California, the County of Mendocino, the City of Ukiah, and special districts, regardless of the form of ownership, including, but not limited to, streets, sidewalks, and improved or unimproved land and parks.
RECREATIONAL OR MOTOR VEHICLES USED AS CAMP FACILITIES: Recreational or motor vehicles when placed on public or private property to camp.
RECREATIONAL VEHICLE: As defined in California Health and Safety Code section 18010.
RECREATIONAL VEHICLE PARK OR MOBILE HOME PARK: Any area of land within the City licensed pursuant to the California Health and Safety Code as a mobile home park, as defined in California Health and Safety Code section 18214, or a special occupancy park as defined in California Health and Safety Code section 18862.43, which has a currently effective city business license, and in which space is rented or held out for camping.
SIDEWALK: Any area of public property adjacent to a street, or within a parking lot, whether improved or unimproved, and commonly intended or designed for pedestrian use.
STORE: To put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.
STREET: A street, alley, way or place of whatever nature, publicly or privately maintained for purposes of vehicular travel. "Street" includes highway, as that term is defined in the California Vehicle Code.
TO CAMP or CAMPING: The occupation of a camp site, either in the open air or using camp facilities and camp paraphernalia, including to place, pitch, or use, as applicable, camp facilities or camp paraphernalia for such purposes.
§6081 UNLAWFUL CAMPING
Except as provided in this article, it is unlawful and a public nuisance for any person to camp, or to establish, maintain, operate or occupy a camp site, camp facilities, or use camp paraphernalia in or upon the areas listed in subsections A through G of this section:
A. Any public park except as provided for in section 1967 of this code; B. Any sidewalk;
C. Any public right of way, in a manner that impedes passage within the meaning of the Americans with Disabilities Act.
D. Any street except for recreational or motor vehicles used as camp facilities that are legally parked and do not remain parked longer than the posted time limit, if any, or twelve (12) hours, whichever is less;
E. Any other public property except as otherwise permitted in this article; F. Any floodway whether on public or private property;
G. Any private property, except when permitted under subsection H of this section.
H. The prohibitions on camping do not apply to:
1. Camping on private residential property by friends or family of the property owner or person in lawful possession of the property, so long as the owner or lawful occupant consents, and the camping does not create a public or private nuisance;
2. Mobile home parks and special occupancy parks or other locations where camping is specifically allowed under the Ukiah City Code;
3. Camping on public or private property in connection with a special event, when authorized pursuant to section 6082 of this code.
I. Recreational or motor vehicles used as camp facilities shall be allowed to occupy a space equal to the dimensions of the vehicle, if parking in the space is otherwise permitted under this code, but the establishment, maintenance, operation, or occupation of a camp, camp facilities, or use of camp paraphernalia outside the vehicle is prohibited and constitutes a violation of this section except as otherwise permitted herein.
J. Establishment, maintenance, operation or occupation of permanent camp facilities or camp paraphernalia for camping; attaching permanent structures to trees or other on-site fixtures and the associated installation of fencing or similar materials is prohibited and constitutes a violation of this section.
* * *
§6083 STORAGE OF PERSONAL PROPERTY ON PUBLIC OR PRIVATE PROPERTY It is unlawful and a public nuisance for any person to store camp paraphernalia in the following areas:
A. Any public property;
B. Any floodway; or
C. Outside a structure on any private property without the prior written consent of the owner. §6084 ENFORCEMENT
A. The Ukiah Police Department shall adopt a policy establishing procedures to be followed by its officers, and any other City officials delegated with the authority to enforce this Article by the Chief of the Department, in the enforcement of this article that prevent this article from being enforced in an arbitrary or discriminatory manner and that prevent the violation of the constitutional right to due process and to be free from unreasonable search or seizure. The City Council shall adopt by resolution procedures for removing personal property from an area used for camping in violation of this article and provide an opportunity and procedure for any person to claim property removed by the City from a site used for camping in violation of this article.
B. Members of the Ukiah Police Department or any other City officials delegated with the authority to enforce this Article by the Chief of the Department shall make every reasonable effort to identify and offer shelter at an emergency shelter, navigation center, or other appropriate housing, and to offer supportive services, to persons who are camping in violation of this Article. * * *
SECTION THREE.
1. Publication: Within fifteen (15) days after its adoption, this Ordinance shall be published once in a newspaper of general circulation in the City of Ukiah. In lieu of publishing the full text of the Ordinance, the City may publish a summary of the Ordinance once 5 days prior to its adoption and again within fifteen (15) days after its adoption.
2. Effective Date: The ordinance shall become effective thirty (30) days after its adoption.
3. Severability: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Ukiah hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
Introduced by title only on , 2025, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Adopted on , 2025, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Douglas F. Crane, Mayor
ATTEST:
Kristine Lawler, CMC/City Clerk
Attachment 3 SS-25-053
Policy
429
Ukiah Police Department
Ukiah PD Policy Manual
Copyright Lexipol, LLC 2025/09/24, All Rights Reserved.
Published with permission by Ukiah Police Department ***DRAFT*** Homeless Persons - 1 Homeless Persons
429.1 PURPOSE AND SCOPE
The purpose of this policy is to ensure that personnel understand the needs and rights of the homeless and to establish procedures to guide officers during all contacts with the homeless, whether consensual or for enforcement purposes. The Ukiah Police Department recognizes that members of the homeless community are often in need of special protection and services.
The Ukiah Police Department will address these needs in balance with the overall mission of this department. Therefore, officers will consider the following when serving the homeless community.
429.1.1 POLICY
It is the policy of the Ukiah Police Department to provide law enforcement services to all members of the community, while protecting the rights, dignity and private property of the homeless.
Homelessness is not a crime and members of this department will not use homelessness solely as a basis for detention or law enforcement action.
429.2 HOMELESS COMMUNITY LIAISON
The Chief of Police may designate a member or members of this department to act as the department's homeless liaison. The responsibilities of homeless liaison may include some or all of the following:
(a) Maintain and make available to all department employees a list of assistance programs and other resources that are available to the homeless. (b) Meet with social services and representatives of other organizations that render assistance to the homeless.
(c) Remain abreast of laws dealing with the removal and/or destruction of the personal property of the homeless. This will include:
1. Proper posting of notices of trespass and clean-up operations.
2. Proper retention of property after clean-up, to include procedures for owners to reclaim their property in accordance with the Property and Evidence Policy and other established procedures.
(d) Be present during any clean-up operation conducted by this department involving the removal of personal property of the homeless to ensure that the rights of the homeless are not violated.
(e) Develop training to assist officers in understanding current legal and social issues relating to the homeless.
429.3 FIELD CONTACTS
Officers are encouraged to contact the homeless for purposes of rendering aid, support and for community-oriented policing purposes. Nothing in this policy is meant to dissuade an officer from taking reasonable enforcement action when facts support a reasonable suspicion of criminal Attachment 4
Ukiah Police Department
Ukiah PD Policy Manual
Homeless Persons
Copyright Lexipol, LLC 2025/09/24, All Rights Reserved.
Published with permission by Ukiah Police Department ***DRAFT*** Homeless Persons - 2 activity. However, when encountering a homeless person who has committed a non-violent misdemeanor and continued freedom is not likely to result in a continuation of the offense or a breach of the peace, officers are encouraged to consider long-term solutions to problems that may relate to the homeless, such as shelter referrals and counseling in lieu of physical arrest.
Officers should provide homeless persons with resource and assistance information whenever it is reasonably apparent that such services may be appropriate. 429.3.1 OTHER CONSIDERATIONS
Homeless members of the community will receive the same level and quality of service provided to other members of the community. The fact that a victim or witness is homeless can, however, require special considerations for a successful investigation and prosecution. Officers should consider the following when handling investigations involving homeless victims, witnesses or suspects:
(a) Document alternate contact information. This may include obtaining addresses and phone numbers of relatives and friends.
(b) Document places the homeless person may frequent.
(c) Provide homeless victims with victim/witness resources when appropriate. (d) Obtain statements from all available witnesses in the event that a homeless victim is unavailable for a court appearance.
(e) Consider whether the person may be a dependent adult or elder, and if so, proceed in accordance with the Adult Abuse Policy.
(f) Arrange for transportation for investigation-related matters, such as medical exams and court appearances.
(g) Consider whether a crime should be reported and submitted for prosecution, even when a homeless victim indicates that he/she does not desire prosecution. 429.4 PERSONAL PROPERTY
The personal property of homeless persons must not be treated differently than the property of other members of the public. Officers should use reasonable care when handling, collecting and retaining the personal property of homeless persons and should not destroy or discard the personal property of a homeless person.
When a homeless person is arrested or otherwise removed from a public place, officers should make reasonable accommodations to permit the person to lawfully secure his/her personal property. Otherwise, the personal property should be collected for safekeeping. If the arrestee has more personal property than can reasonably be collected and transported by the officer, a supervisor should be consulted. The property should be photographed and measures should be taken to remove or secure the property. It will be the supervisor’s responsibility to coordinate the removal and safekeeping of the property.
Ukiah Police Department
Ukiah PD Policy Manual
Homeless Persons
Copyright Lexipol, LLC 2025/09/24, All Rights Reserved.
Published with permission by Ukiah Police Department ***DRAFT*** Homeless Persons - 3 Officers should not conduct or assist in clean-up operations of belongings that reasonably appear to be the property of homeless persons without the prior authorization of a supervisor or the department homeless liaison member(s). When practicable, requests by the public for clean-up of a homeless encampment should be referred to the homeless liaison member(s).
Officers who encounter unattended encampments, bedding or other personal property in public areas that reasonably appears to belong to a homeless person should not remove or destroy such property and should, when practicable, inform the department homeless liaison member(s). If such property appears to involve a trespass, blight to the community or is the subject of a complaint, it will be the responsibility of the homeless liaison member(s), if so designated, to address the matter in a timely fashion.
429.5 MENTAL ILLNESS AND MENTAL IMPAIRMENT
Some homeless persons may suffer from a mental illness or a mental impairment. Officers shall not detain a homeless person under a mental illness commitment unless facts and circumstances warrant such a detention (see the Crisis Intervention Incidents Policy).
When a mental illness hold is not warranted, the contacting officer should provide the homeless person with contact information for mental health assistance as appropriate. In these circumstances, officers may provide transportation to a mental health specialist if requested by the person and approved by a supervisor.
429.6 ECOLOGICAL ISSUES
Sometimes homeless encampments can impact the ecology and natural resources of the community and may involve criminal offenses beyond mere littering. Officers are encouraged to notify other appropriate agencies or departments when a significant impact to the environment has or is likely to occur. Significant impacts to the environment may warrant a crime report, investigation, supporting photographs and supervisor notification.
1 Kristine Lawler
From: Ukiah Public Records <[email protected]> Sent: Monday, October 13, 2025 12:53 AM
To: City Manager's Office
Cc: CityClerk; Kristine Lawler; Craig Schlatter; Housing Division; Police; Mendo Voice; KC Meadows; [email protected]; KZYX General; Doug Crane; Susan Sher; Juan Orozco; Heather Criss; Mari Rodin; Shannon Riley; Maya Simerson; Traci Boyl; Maria Ceja; Sage Sangiacomo; Cassandra Borgna; Human Resources Department; Jesse Davis; Matthew Keizer; Katherine Schaefers; Isabelle Grieve; PlanningDivision; Building Division; Daniel Buffalo; Mary Horger; Olga Keough; Finance-AccountsPayable; Tim Eriksen; Andrew Stricklin; Myles Fisette; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Matt Lafever; [email protected]; [email protected]; [email protected]; [email protected] Subject: Public Comment & Press Copy – Item 8.b (Camping Ordinance Amendment) – October 16 Ukiah Council
Attachments: Untitled document - CofU.pdf; Untitled document - LocalPress.pdf Follow Up Flag: Follow up
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Dear City Manager Sangiacomo, Mayor, Councilmembers, City Clerk & Administration, and Members of the Press,
Attached are two documents regarding Item 8.b (Camping Ordinance Amendment) scheduled for the October 16 Ukiah City Council meeting:
Attachment 1: Full public comment letter submitted for inclusion in the official record. Attachment 2: Press summary version for publication and community awareness.
This message serves both as an official public submission and as a press notification.
Please ensure the letter is printed, distributed to all councilmembers, and entered into the meeting record.
If public reading of written correspondence is not permitted, I request that the City Attorney identify the policy or rule prohibiting it on the record.
2 The correspondence demands that Item 8.b be pulled from the Consent Calendar and that the City release all fiscal, legal, and shelter-capacity data before any vote proceeds.
It also raises major concerns about conflict of interest, opaque budgeting, and the disproportionate cost of policing versus prevention.
This email is shared simultaneously with local and regional media outlets for transparency and public accountability.
Individual replies are not requested — only confirmation that this submission has been received and filed.
Thank you,
A concerned Ukiah resident (name withheld for safety and privacy reasons)
PUBLIC COMMENT – City of Ukiah Council Meeting, October 16, 2025 RE: Item 8.b – Camping Ordinance Amendment
Dear City Manager Sangiacomo, Mayor, Councilmembers, and City Clerk & Administration, This message is submitted for the public record by a concerned Ukiah resident.
Please ensure that this correspondence is printed, distributed to all councilmembers, and entered into the official record for the October 16 Council Meeting.
I also request that the Clerk read this letter summary aloud at the meeting under the public correspondence or public comment segment. If reading is not allowed by procedure, I ask that the City Attorney state on the record the rule or policy that prohibits reading written public submissions.
Please note: I am aware of Brown Act restrictions — this message is from a private citizen, not a deliberation among councilmembers. To remain compliant, please do not “Reply All.” Please confirm receipt of this message for inclusion in the official record for the October 16 Council Meeting. Individual councilmember responses are not requested — only confirmation that this has been received and distributed.
This letter is also being shared with the press and public observers for transparency. I’m demanding that you pull Item 8.b (Camping Ordinance Amendment) from the Consent Calendar and halt any vote until the City publicly releases the full data, fiscal analysis, and legal review.
Ukiah’s working families are drowning under rising costs and collapsing revenue streams, while City leadership proposes to fine and criminalize the people hit hardest by those same conditions.
Summary for Public Reading (3-Minute Version)
Ukiah is at a breaking point. The City is preparing to criminalize homelessness instead of confronting the collapse of local housing and wages. The 2024 Point-in-Time Count found 774 unhoused residents, up 22 percent in one year. Our shelters are full. There are no beds, no units, and no plan—yet you’re advancing an ordinance that lets police cite and arrest people for existing in public.
The staff report claims “Budget Impact: N/A,” but UPD already consumes over 40 percent of the general fund—around $15 million a year—while housing and prevention programs receive under $1 million. Ninety-five percent of police calls involve poverty or behavioral health. You’re spending millions on lawsuits, overtime, and enforcement instead of funding social-worker teams that cost a fraction and actually work.
Meanwhile, utility rates have jumped 40 percent, sales-tax revenue is down, and rents tied to San Francisco’s CPI are skyrocketing while wages stagnate. Most Ukiah families are one lost paycheck away from homelessness. You cannot solve poverty with fines. You can’t make people disappear by citing them for being poor.
The City’s own budget process hides accountability—disbursements are listed only by number codes, with 200 pages of cross-references no ordinary resident can interpret. Every month another “emergency” comes before Council for $100K here, $75K there, for the same landfill slope that never gets fixed. If you can plan an emergency monthly, it’s not an emergency—it’s gross mismanagement.
Do your jobs. Fund housing, prevention, and mental-health response. Create a Street-Response Team, a Civilian Police Oversight Board, and require full disclosure of mayoral rental holdings.
Pull Item 8.b from the consent calendar, release the fiscal data, and stop governing by blank check.
Ukiah deserves transparency, ethics, and measurable results—not another round of criminalizing poverty.
1 Homelessness: the reality you’re legislating against
The 2024 Mendocino County Point-in-Time Count documented roughly 774 people experiencing homelessness, a 22 percent increase over 2023.
The ICF Shelter Evaluation (June 2025) found Ukiah’s shelters operating at capacity, underfunded, and unable to expand.
The ordinance you’re advancing removes the requirement that a shelter bed be available before enforcement, effectively allowing citations, confiscations, and arrests when there is nowhere to go.
The staff report lists “Budget Impact: N/A,” an admission that the fiscal and social cost hasn’t even been calculated.
Punishing poverty isn’t policy. It’s abdication of duty. 2 The policing imbalance and the cost of failure
UPD’s own data show roughly 95 percent of calls for service involve poverty-related or unhoused cases.
Over the last decade, UPD misconduct settlements and legal judgments have cost Ukiah taxpayers millions in insurance payouts, attorney fees, and staff hours. Those are public dollars that could have funded outreach teams, detox beds, or rent assistance.
In this same agenda, the City is in closed-session negotiations to raise the Police Chief’s pay, despite this track record.
Every dollar spent cycling people through citations, jail, and court fees is a dollar not spent preventing homelessness.
The average social-worker-led placement costs a fraction of an arrest cycle. Published state benchmarks put successful housing navigation at roughly $2,000–$4,000 per person; criminal enforcement and incarceration exceed $25,000 per year per individual. Ukiah has chosen the expensive route that doesn’t work.
3 Economic collapse by the numbers
Sales-tax revenue has been in decline since 2022 as the cannabis industry crash and local job losses removed millions from circulation.
Electricity rates are up ≈ 40 percent, water and waste rates climb annually, and rents indexed to San Francisco’s CPI rise far faster than local wages.
The median household income in Ukiah lags the state average by nearly 40 percent, while inflation wipes out disposable spending.
Residents are being squeezed from every direction — utilities, rent, food, and gas — yet this ordinance would add fines on top of that.
4 Emergency-spending leaks, shell-game budgeting, and financial obfuscation
Every single month, another so-called “emergency” hits the consent calendar — $100K here, $75K there — for the same landfill slope or hillside project that somehow never stays fixed. At this point, “emergency” isn’t a classification, it’s a budgeting lifestyle. If you can plan it monthly, it’s not an emergency — it’s gross mismanagement masquerading as urgency. Maybe start budgeting like adults instead of passing the hat every thirty days for problems you already knew about last fiscal year.
And the way you publish budgets makes it worse. The Report of Disbursements doesn’t show departments, programs, or vendors. It’s a wall of numbered fund codes — “100,” “200,” “710,” “840” — with no labels. To know what any line means, residents must cross-reference two
separate attachments containing 200+ cryptic codes. That’s not transparency; that’s intentional obfuscation. No one should need to decode a spreadsheet like the Rosetta Stone just to see how the City spent its money.
Whoever thought it was acceptable to publish financial reports this way — detaching code numbers from their purposes and scattering explanations across multiple attachments — is either profoundly incompetent or deliberately insulating themselves from scrutiny. Either way, the pattern of financial concealment is not going unnoticed. 5 Conflict of interest: the Mayor’s landlord holdings
The Mayor is widely known to own roughly twenty+ rental properties in Ukiah. That makes any vote on homelessness, rent burden, or enforcement a clear conflict of interest.
Under Gov. Code §1090 and FPPC regs, officials must abstain from decisions in which they have a financial interest. When the same person who profits from rent inflation votes to criminalize poverty, public trust evaporates.
Demand:
● Immediate public disclosure of all real-property holdings by the Mayor and any councilmember owning rental property within city limits. ● A City Attorney memo assessing whether the Mayor must recuse from votes on homelessness, housing, and rent.
● Inclusion of these disclosures and opinions in the public meeting packet. 6 The cost of “law and order” vs. the price of solutions Estimated UPD annual budget: ≈ $13–15 million (> 40% of the general fund).
Annual spending on housing and homelessness: < $1 million, mostly pass-through grants.
That imbalance guarantees failure.
Redirecting just 10 percent of the police budget could fund:
● A full-time housing-navigation team (4 case workers + 1 supervisor ≈ $600k).
● Mobile mental-health crisis response (2 licensed clinicians ≈ $300k). ● Transitional-shelter operations (~$400k).
Those programs would reduce UPD calls, lawsuits, and incarceration costs within a year. 7 A Street-Response Model and Civilian Oversight Are Overdue The City’s own budget documents confirm that the “mental-health co-responder implementation plan” — a collaboration among UPD, the Sheriff’s Office, and County Behavioral Health — was marked “Completed” and described only as a pilot with the “goal to expand to 24/7 coverage.”
That means Ukiah has no permanent funding, no full coverage, and no accountability mechanism for non-police crisis response, even though nearly 95 percent of UPD calls are poverty- or behavioral-health-related.
The City labeled this initiative “completed,” then reverted to business as usual. This is performative progress without implementation. The budget is prepared, not allocated — those funds have not been sustained or audited for outcomes.
We need an operational, non-law-enforcement Street Response Team staffed by licensed behavioral-health clinicians, EMTs, and peer specialists, able to take 911-diverted calls 24/7.
Comparable programs (CAHOOTS – Eugene, HEART – Denver, STAR – San Francisco) save millions annually in police overtime, ER visits, and jail bookings.
And we need a Civilian Police Oversight Board with investigatory authority, subpoena power for misconduct cases, and a public complaint dashboard.
Given UPD’s multimillion-dollar settlement history, this is non-negotiable public accountability. 8 Administrative opacity
The ordinance lets the Police Chief delegate enforcement to other city staff and defers penalty schedules to later resolutions. The public has no way to know who will enforce it, what fines will be levied, or how indigent defendants will be treated.
That is government by blank check.
9 The human cost
Every citation against an unhoused person ends up in court where failure to pay becomes a bench warrant. Each warrant turns into arrest, jail time, and re-entry barriers — at taxpayer expense. These are uncollectible fines that destroy people and budgets alike.
Before I get to the list below, allow me to do your jobs for you, since it’s clearly not research, critical thinking, or problem solving taking up your time. The majority of people in this town are one missed paycheck or medical bill away from being homeless, and it’s a lot closer than most of you seem to realize. You can’t just hide poverty out of sight, slap a citation on it, and call that leadership. Criminalizing desperation in a city doing nothing to stimulate jobs or build housing isn’t policy — it’s cowardice.
Comprehensive Demands (for written response before any
vote)
1. Pull Item 8.b from Consent; postpone the vote until data and fiscal impact are published.
2. Full shelter-capacity report: beds, vacancies, turn-aways, outreach and hygiene capacity, and funding sources.
3. Exact fine schedule & indigency process: disclose amounts, penalties, lien/collection procedures, and due-process safeguards.
4. Five-year fiscal ledger: all “emergency” contracts, initial vs final cost, vendor, funding source, and ratepayer impact.
5. UPD vs Social Work cost comparison: calls for service, outcomes, cost per placement, and potential savings from outreach-first models.
6. Police misconduct ledger: five-year list of civil-rights suits, settlements, judgments, and attorney fees, with total cost.
7. Conflict-of-interest disclosure: Mayor’s and Council’s rental holdings; City Attorney’s recusal opinion; publish in the next agenda packet.
8. Revenue transparency: five-year trend of sales-tax, utility revenue, cannabis-related receipts, and the resulting general-fund shortfall.
9. Reinvestment plan: reallocate at least 10% of the UPD budget to housing navigation, behavioral health, and permanent-supportive housing.
10. Utility-rate equity: create low-income discounts, arrearage relief, and no-shutoff policies during smoke/heat events.
11. Rent-burden protections: a rent registry, emergency rental assistance, and legal aid for eviction defense.
12. Quarterly public reporting: on shelter capacity, housing production, enforcement actions, fines assessed, and program outcomes.
13. State oversight referral: if data or conflicts are withheld, refer the matter to the FPPC and the CA State Auditor for investigation.
14. Immediate creation of a Street Response Team with a transparent budget line in FY 2025/26, separate from UPD, reporting quarterly on calls diverted, outcomes, and cost savings.
15. Formation of a Civilian Police Oversight Board with authority to review misconduct investigations, monitor use-of-force incidents, and publish quarterly public reports.
16. Ring-fence behavioral-health response funding so it cannot be absorbed into UPD overtime or general operations.
17. Full publication of all UPD misconduct settlements, including case summaries, legal fees, and insurance recoveries since 2015.
18. Prepared vs. Actual spending: publish FY 2023/24 and 2024/25 actual expenditures (not prepared budgets) for Police Operations and Housing/Community Development, including indirect costs, side-fund transfers, and unspent grant balances; provide the variance from budget and a five-year trend.
19. Police budget transparency: export and publish the five-year Police Operations trend (direct + indirect) as tables, not just graphs, so residents can see the true share of the General Fund.
Bottom Line:
Ukiah is at a crossroads. You can choose to criminalize poverty and feed another decade of litigation and decay, or you can redirect those dollars toward housing, prevention, and dignity.
The residents of this city deserve transparency, ethics, and measurable results — not another round of optics and empty promises.
This message is directed to individual councilmembers for transparency. Please do not “Reply All” to comply with Brown Act requirements.
Submitted anonymously by a Ukiah resident and taxpayer
(Name withheld for safety and privacy reasons)
I am submitting this correspondence anonymously due to community safety concerns.
Please ensure that my identity, email address, and IP are not disclosed publicly in accordance with the California Public Records Act and the City’s duty to protect whistleblower communications.
Hello,
I’m sharing a letter submitted for the October 16 Ukiah City Council meeting regarding Item 8.b (Camping Ordinance Amendment) — a proposal that effectively criminalizes homelessness while the city’s shelters are full and its budget grows increasingly opaque.
The data show homelessness up 22% year-over-year, while 95% of UPD calls involve NON-VIOLENT poverty-related issues. Despite that, police spending exceeds 40% of the general fund, and the mayor — a landlord with over twenty local rental properties — is poised to vote on enforcement policy that directly benefits his financial interests.
City budgets are now published as unlabeled code lists requiring cross-referencing across 200+ pages, and “emergency” spending on different over-budget items continue monthly at around $100K per approval. The ordinance lists “Budget Impact: N/A.” This is a story about a small city mirroring California’s statewide failures: criminalizing the visible poor while refusing to build housing, release fiscal data, or account for police overspending.
Full letter attached.
— A concerned Ukiah resident (name withheld for safety)
Agenda Item No: 8.c.
MEETING DATE/TIME: 10/15/2025
ITEM NO: 2025-1083
AGENDA SUMMARY REPORT
SUBJECT: Approval of Notice of Completion for the Gobbi Circuit 202 Switching and Reliability Enhancement Project, Specification No. 24-04 and Final Payment of the 5% Retention to Wipf Construction, LLC.
DEPARTMENT: Electric Utility PREPARED BY: Diann Lucchetti, Administrative Secretary PRESENTER: Cindy Sauers, Electric Utility Director
ATTACHMENTS:
1. SPEC 24-04 GOBBI CKT 202 SWITCHING PROJ
2. Wipf Construction-Gobbi CKT 202 Switching Contract
3. Notice of Completion-Wipf Construction
Summary: City Council will consider approving the Notice of Completion for the Gobbi Circuit 202 Switching and Reliability Enhancement Project, Specification 24-04, and approve final payment of the 5% Retention to Wipf Construction, LLC.
Background: On May 15, 2024, Council approved the plans and specifications for the Gobbi Circuit 202 Switching and Reliability Enhancement Project, Specification 24-04, (Attachment 1). The project consisted of the installation of conduits, pedestal and padmount switches at three different locations that added switching capacity and enhanced electric service reliability for the residents and businesses on Orchard Avenue and in the Oak Manor subdivision.
On June 19, 2024, Council awarded the contract to Wipf Construction, LLC (Attachment 2) in the amount of $130,290.00 for Specification No. 24-04 Gobbi Circuit 202 Switching and Reliability Enhancement Project.
Discussion: The contracted work was completed by the contractor in conformance with the approved plans and specifications on March 6, 2025. The original contract amount, based on estimated quantities, was $130,290.00. On January 24, 2025, an additional line item was added from the original bid to install a padmount switch box pad in the amount of $4,300 that resulted in a revised contract amount of $134,590.00. The 5% payment will be made to the contractor after 35 days from the date the Notice of Completion (Attachment 3) is filed with the County Recorder.
Staff requests Council approve the Notice of Completion (Attachment 3) of the Gobbi Circuit 202 Switching and Reliability Enhancement Project, Specification No. 24-04; approve the final payment of the 5% retention to Wipf Construction, LLC; and direct the City Clerk to file the Notice of Completion with the County Recorder.
Recommended Action: Approve the Notice of Completion for the Gobbi Circuit 202 Switching and Reliability Enhancement Project, Specification 24-04; approve final payment of the 5% retention to Wipf Construction, LLC; and direct the City Clerk to file the Notice of Completion with the County Recorder.
BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: 80126100.80230.18358: $134,590
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: Electric Fund
REVENUE: No GRANT: No
PREVIOUS CONTRACT/PURCHASE ORDER NO.: Contract 2324224
COORDINATED WITH:
STRATEGIC PLAN (SP):
CLIMATE INITIATIVES (CI):
GENERAL PLAN ELEMENTS (GP):
CITY OF UKIAH
MENDOCINO COUNTY, CALIFORNIA
SPECIAL PROVISIONS
FOR
GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT SPECIFICATION NO. 24-04
CITY OF UKIAH
DEPARTMENT OF ELECTRIC UTILITY
300 Seminary Avenue
Ukiah, California 95482-5400
Mandatory Pre-Bid Meeting
10:00 a.m., May 29, 2024
Southwest corner of Gobbi Street & S Orchard Avenue
Ukiah CA 95482
Bids Open: June 11, 2024
2:00 p.m.
Office of City Clerk
Attachment 1
CITY OF UKIAH
MENDOCINO COUNTY, CALIFORNIA
CITY COUNCIL:
JOSEFINA DUEÑAS – MAYOR
DOUGLAS CRANE – VICE-MAYOR
SUSAN SHER – COUNCIL MEMBER
MARI RODIN – COUNCIL MEMBER
JUAN OROZCO – COUNCIL MEMBER
SAGE SANGIACOMO – CITY MANAGER
CINDY SAUERS - DIRECTOR OF ELECTRIC UTILITY
MARY HORGER – FINANCIAL SERVICES MANAGER
KRISTINE LAWLER – CITY CLERK
R. ALLEN CARTER - CITY TREASURER
CITY OF UKIAH
DEPARTMENT OF ELECTRIC UTILITY
MAY 2024
GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT iii Spec No. 24-04
TABLE OF CONTENTS
PAGE
NOTICE TO BIDDERS
INSTRUCTIONS TO BIDDERS...................................................................................................................... 1
GENERAL CONDITIONS
SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS.............................................. 3 1-01. Definitions
1-02. Examinations of Plans, Special Provisions and Site of Work 1-03. Proposal
1-04. Withdrawal of Bids
1-05. Public Opening of Bids
1-06. Bid Guaranty
1-07. Qualification of Bidders
1-08. Disqualification of Bidders
1-09. Identification of Subcontractors
1-10. General Provisions of the Standard Specifications 1-11. Addenda
SECTION 2. AWARD AND EXECUTION OF CONTRACT .......................................................................... 6 2-01. Award of Contract
2-02. Return of Proposal Guaranties
2-03. Execution of Contract
SECTION 3. SCOPE AND INTENT OF CONTRACT ................................................................................... 6 3-01. Effect of Inspection and Payments
3-02. Effect of Extension of Time
3-03. Extra Work
3-04. Assignment of Contract
3-05. Subcontractors
3-06. Interpretation of Special Provisions and Drawings 3-07. Addenda
3-08. Liability of City Officials
3-09. Dispute Resolution
SECTION 4. BONDS ..................................................................................................................................... 7 4-01. Faithful Performance Bond
4-02. Material and Labor Bond
4-03. Defective Material and Workmanship Bond
4-04. Notification of Surety Companies
SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS......................................................... 7 5-01. Minimum Scope of Insurance
5-02. Minimum Limits of Insurance
5-03. Deductibles and Self-Insured Retentions
5-04. Other Insurance Provisions
5-05. Acceptability of Insurers
5-06. Verification of Coverage
GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT iv Spec No. 24-04 5-07. Subcontractors
SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR......................................................... 9 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
6-24. Public Notification
SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY........................................................................ 14 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
7-12. Right of City to Terminate Contract for Convenience SECTION 8. WORKMANSHIP, MATERIALS AND EQUIPMENT.............................................................. 17 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 ................................................................................................... 18 9-01. Equipment and Methods
9-02. Time of Completion
GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT v Spec No. 24-04 9-03. Avoidable Delays
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............................................................................................................................. 20 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............................................................................................................... 23 11-01. Notice
11-02. Computation of Time
11-03 Claims Procedure
11-04. Litigation and Forum Selection
11-05. Waiver
TECHNICAL SPECIFICATIONS
SECTION 12. GENERAL INFORMATION .................................................................................................. 27 12-01. Scope of Work and Location
12-02. Arrangement of Technical Specifications
12-03. Arrangement of Plans
12-04. Temporary Facilities
12-05. Stream Pollution
12-06. License
12-07. Location of Work
12-08. Permits
12-09. Public Convenience and Safety
12-10. Maintaining Traffic
12-11. Warranties
12-12. Utilities
12-13. Preconstruction Conference
12-14. Safety Requirements
12-15. Notification of Underground Service Alert (USA)
SECTION 13. PROJECT DETAILS/SCOPE OF WORK............................................................................. 29 13-01. General
13-02 Materials
13-03 Quantities
13-04 Payment
13-05 Trenching and Conduit
13-06 Bonding and Grounding
GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT vi Spec No. 24-04 13-07 Maintaining Traffic
13-08 Dust and Control Watering
13-09 Traffic Control
13-10 Protection of Existing Facilities
13-11 Removal Methods
13-12 Vacuum Excavation
13-13 Pipe and Structure Excavation, Backfill and Compaction 13-14 Excavation Safety
13-15 Sprinklers and Landscaping
13-16 Clean-Up
13-17 Aggregate Base
13-18 Asphalt Concrete
13-19 Asphalt Concrete Trench Paving
13-20 Curbs, Sidewalk and Miscellaneous Concrete
13-21 Soil and Groundwater Disposal
13-22 Traffic Stripes and Pavement Markings
13-23 Signal, Lighting and Electrical Systems
13-24 Maintaining Existing Systems
13-25 Maintaining Traffic and Pedestrian Operations
13-26 Accessibility
13-27 Public Safety
13-28 Payment
SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS................................................................. 39 14-01. Provisions to be Excluded from General Conditions SECTION 15. AMENDMENTS TO GENERAL CONDITIONS.................................................................... 39
CERTIFICATES AND DOCUMENTS
BID SUBMITTAL CHECKLIST...................................................................................................................... 40 PROPOSAL ............................................................................................................................................. 41 BIDDING SCHEDULE................................................................................................................................... 42 FAIR EMPLOYMENT PRACTICES CERTIFICATION ................................................................................. 46 WORKER'S COMPENSATION CERTIFICATE............................................................................................ 47 CERTIFICATE OF NONDISCRIMINATION IN EMPLOYMENT................................................................... 48 LIST OF PROPOSED SUBCONTRACTORS............................................................................................... 49 STATEMENT OF EXPERIENCE OF BIDDER.............................................................................................. 50 SIGNATURE OF BIDDER............................................................................................................................. 51 BIDDER'S BOND .......................................................................................................................................... 52 NON-COLLUSION AFFIDAVIT..................................................................................................................... 53 IRAN CONTRACTING ACT .......................................................................................................................... 54
GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT vii Spec No. 24-04 AGREEMENT ............................................................................................................................................. 55 INDEMNIFICATION AGREEMENT .............................................................................................................. 59 FAITHFUL PERFORMANCE BOND ............................................................................................................ 60 MATERIAL AND LABOR BOND ................................................................................................................... 62 DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND ............ 64 DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND ................................................ 65 SAMPLE INSURANCE CERTIFICATES ..........................................................................................................
APPENDIX:
EAST GOBBI STREET 202 CIRCUIT EXTENSION (PMS 751) 2 SHEETS
CITY OF UKIAH ELECTRIC DEPARTMENT ENGINEERING AND CONSTRUCTION STANDARDS PADMOUNT SWITCH BOX PAD 922 5406
PADMOUNT SWITCH BOX PAD INSTALLATION 317 2426
GROUNDING 314 1008, 311 2011
BUMPER POST 326 1503
CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA
NOTICE TO BIDDERS FOR
GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT SPECIFICATION NO. 24-04
NOTICE IS HEREBY GIVEN that sealed standard proposals for GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT, Specification 24-04, will be received at the Office of the City Clerk, Ukiah Civic Center, 300 Seminary Avenue, Ukiah California until 2:00 p.m. on Tuesday, June 11, 2024. Bids shall be addressed to the City Clerk and shall be endorsed “GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT ". Bids are required for the entire work described herein. No fax bids will be accepted. As soon thereafter as possible, the bids will be publicly opened and read in the Council Chambers at 300 Seminary Avenue, Ukiah. The bid opening will also be visible via live streaming at http://www.cityofukiah.com/meetings/.
ENGINEER'S ESTIMATE OF QUANTITIES FOR BID ITEM #1
NEW PED - 225 S ORCHARD AVE - BIG LOTS
Item No. Description Quantity Unit of Measure
1. EXCAVATE, TRENCH, BACKFILL AND
COMPACTION (24”X59” TRENCH) 30 LF
2. REMOVE AND REPLACE ASPHALT
CONCRETE (24” TRENCH) 72 SF
3. 4” PVC SCH 40 CONDUIT INCLUDING
INSTALLATION (ELECTRIC) 40 FT
4. SIDEWALK REMOVAL AND REPLACEMENT
FOR INSTALLATION OF ELECTRIC, CABLE &
AT&T VAULTS AND BOXES
24 SF
5. EXCAVATE, BACKFILL, COMPACTION AND
INSTALL PEDESTEL BOX PAD (CITY TO
PROVIDE)
1 EA
6. LANDSCAPE REMOVAL AND REPLACEMENT 1 LS
7. MOBILIZATION 1 LS
8. DEMOBILIZATION 1 LS
ENGINEER'S ESTIMATE OF QUANTITIES FOR BID ITEM #2
ORCHARD AND GOBBI ST – NEW PADMOUNT SWITCH
Item No. Description Quantity Unit of Measure
1. EXCAVATE, TRENCH, BACKFILL AND
COMPACTION (24”X59” TRENCH) 80 LF
2. 4” PVC SCH 40 CONDUIT INCLUDING
INSTALLATION (ELECTRIC) 30 FT
3. 6’ PVC SCH 40 CONDUIT INCLUDING
INSTALLATION (ELECTRIC) 100 FT
4. SIDEWALK REMOVAL AND REPLACEMENT
FOR INSTALLATION OF ELECTRIC, CABLE &
AT&T VAULTS AND BOXES
48 SF
5. EXCAVATE, BACKFILL, COMPACTION AND
INSTALL PADMOUNT SWITCH BOX PAD (CITY
TO PROVIDE)
1 EA
ENGINEER'S ESTIMATE OF QUANTITIES FOR BID ITEM #3
NEW PADMOUNT SWITCH – 751 EAST GOBBI ST
Item No. Description Quantity Unit of Measure
1. EXCAVATE, TRENCH, BACKFILL AND
COMPACTION (24”X59” TRENCH) 340 LF
2. REMOVE AND REPLACE ASPHALT
CONCRETE (24” TRENCH) 870 SF
3. 4” PVC SCH 40 CONDUIT INCLUDING
INSTALLATION (ELECTRIC) 180 FT
4. 6’ PVC SCH 40 CONDUIT INCLUDING
INSTALLATION (ELECTRIC) 190 FT
5. SIDEWALK REMOVAL AND REPLACEMENT
FOR INSTALLATION OF ELECTRIC, CABLE &
AT&T VAULTS AND BOXES
12 SF
6. EXCAVATE, BACKFILL, COMPACTION AND
INSTALL PADMOUNT SWITCH BOX PAD (CITY
TO PROVIDE)
1 EA
7. LANDSCAPE REMOVAL AND REPLACEMENT 1 LS
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, Procurement Manager at (707) 463-6225 or by email at [email protected].
A MANDATORY PRE-BID MEETING will be held at 10 :00 a.m., May 29, 2024, at the southwest corner of Gobbi Street & S Orchard Avenue, Ukiah, California 95482.
The City Council reserves the right to reject any or all bids and to determine which proposal is, in its opinion, the lowest responsive bid by a responsible bidder and which it deems in the best interest of the City to accept. The City Council also reserves the right, but not the obligation, to waive any irregularity or failure to strictly comply with the bidding requirements, that the City determines in the reasonable exercise of its discretion does not provide the bidder with a competitive advantage over other bidders.
No contractor or subcontractor may be listed on a bid proposal for a public works unless registered with the Department of Industrial Relations (“DIR”) pursuant to Labor Code section 1725.5 except as allowed. under Labor Code section 1771.1(aThe prime contractor shall be responsible for posting job site notices as prescribed by regulation. This project is subject to compliance monitoring and enforcement by the DIR.
Pursuant to provisions of Section 1770, including amendments thereof, of the Labor Code of the State of California, the DIR Director has ascertained the general prevailing rate of wages for straight time, overtime, Saturdays, Sundays, and Holidays including employer payment for health and welfare, vacation, pension and similar purposes for the City of Ukiah. Copies of his General Prevailing Wage Determination are available on the Internet at web address: http://www.dir.ca.gov/DLSR/PWD/ The prime contractor for the work herein shall possess a current, valid State of California, Class A (General Engineering) or Class C-10 (Electrical) 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: May 23, 2024
5/15/24
GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 1 Spec. No. 24-04
INSTRUCTIONS TO BIDDERS
GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 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 days delay beyond the time prescribed.
The staff shall notify a bidder by telephone, email, or fax, if it intends to recommend the rejection of the bidder’s bid. Any bid protest must be filed with the City Clerk not more than five calendar days following the bid opening, or 2 calendar days following notice that staff is recommending the rejection of a bid. If any such timely written protest is filed, all bidders shall be provided a copy of the protest within 2 calendar days of its receipt, which may be delivered to the bidders as an email attachment or by fax. All such bidders may file with the City Manager a written objection or other response to the protest.
All objections or responses filed not more than 5 days after receipt of the written protest will be presented to the City Council at its next regular meeting occurring not less than 12 calendar days following the bid opening. The City Council will resolve the bid protest at that meeting based on the written protest, any staff recommendation and all timely written objections and responses. In accordance with the Brown Act, any person may address the City Council on this item during the meeting. The City Council action on the protest shall represent a final decision by the City on the protest.
Examination of Site, Drawings, Etc.
A mandatory pre-bid conference will be held at 10 a.m., May 29, 2024, at the southwest corner of Gobbi Street & S Orchard Avenue, Ukiah, California 95482, to fully acquaint interested Contractors with local conditions, construction and labor required so that he or she may fully understand the facilities, difficulties and restrictions attending the execution of the work under the Contract. Failure to attend the mandatory bid conference will be just cause for the bid to be rejected as non-responsive. Bidders shall thoroughly examine and be familiar with the Plans and Special Provisions.
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
GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 2 Spec. No. 24-04 document, or to visit the site and acquaint himself with conditions there existing, shall in no way relieve the bidder from any obligation with respect to his or her proposal or to the contract. The drawings for the work show conditions as they are supposed or believed by the Engineer to exist; but, it is neither intended nor shall it be inferred that the conditions as shown thereon constitute a representation by the Engineer, the City or its officers that such conditions are actually existent, nor shall the City, the Engineer or any of their officers or representatives be liable for any loss sustained by the Contractor as a result of a variance between the conditions shown on the drawings and the conditions actually revealed during the progress of the work or otherwise.
The bidder's attention is directed to the possible existence of obstructions and public improvements within the limits of the work or adjacent thereto, which may or may not be shown on the Drawings. Any bid shall take into consideration that conditions may exist underground or otherwise that are not known to the City or easily detected during a site inspection that could impact the time or cost of completing the project. The City expects the bids to anticipate such conditions so that it can know for budgeting and other purposes the total cost to complete the project before accepting a bid and undertaking the legal obligation to construct the project. In awarding the contract the City relies on the contractor’s representation that its bid anticipates differing site conditions and the additional time or cost that such conditions may necessitate.
The bidder shall investigate to his or her satisfaction the conditions to be encountered, the character, quality and quantities of work to be performed and materials to be furnished and the requirements of the Plans, Special Provisions, Standard Specifications, Standard Plans, and Contract Documents. The submission of a proposal shall be considered conclusive evidence that the bidder has made such examination and has accepted the project workplace as a safe workplace to perform the work of the Contract.
Bidder Inquiries and Questions
Inquiries and questions must be submitted in writing via 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:
• 225 S Orchard Avenue
• Southwest corner of Gobbi/Orchard
• 700 Block of East Gobbi St
GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 3 Spec. No. 24-04
GENERAL CONDITIONS
SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS 1-01. Definitions. Whenever any word or expression defined in this section, or pronoun used in its stead, occurs in these contract documents, it shall have and is mutually understood to have the meaning given:
a. "City of Ukiah" or "City" shall mean the City of Ukiah, Mendocino County, California, acting through its City Council or any other board, body, official or officials to which or to whom the power belonging to the Council shall by virtue of any act or acts, hereafter pass or be held to appertain.
b. "Engineer" shall mean the Engineer duly and officially appointed by the City to supervise and direct the work of construction under this contract, acting personally or through agents or assistants duly authorized by him, such agents or assistants acting within the scope of the particular duties entrusted to them.
c. "Inspector" shall mean the engineering or technical inspector or inspectors duly authorized or appointed by the Engineer, limited to the particular duties entrusted to him or her or them. d. "Contractor" shall mean the party entering into contract with the City of Ukiah for the performance of work covered by this contract and his or her authorized agents or legal representatives. e. "Date of signing of contract" or words equivalent thereto, shall mean the date upon which this contract, with the signature of the Contractor affixed, together with the prescribed bonds, shall be or shall have been delivered to the City or its duly authorized representatives. f. "Day" or "days", unless herein otherwise expressly defined, shall mean a calendar day or days of twenty-four hours each.
g. "The work" shall mean and include all the work specified, indicated, shown or contemplated in the contract to construct the improvement, including all alterations, amendments or extensions thereto made by contract change order or other written orders of the Engineer. h. "Contract drawings", "drawings", "plans" shall mean and include 1) all drawings or plans which may have been prepared by or on behalf of the City, as a basis for proposals, when duly signed and made a part of this contract by incorporation or reference, 2) all drawings submitted in pursuance of the terms of this contract by the successful bidder with his or her proposal and by the Contractor to the City if and when approved by the Engineer and 3) all drawings submitted by the Engineer to the Contractor during the progress of the work as provided for herein. i. Where "as shown", "as indicated", "as detailed" or words of similar import are used, it shall be understood that reference to the drawings accompanying these Special Provisions is made unless stated otherwise.
Where "as directed", "as permitted", "approved" or words of similar import are used, it shall be understood that the direction, requirements, permission, approval or acceptance of the Engineer is intended unless stated otherwise.
As used herein, "provide" or "install" shall be understood to mean "provide or install complete in place", that is, "furnish and install". "Shall" is mandatory; "may" is permissive. 1-02. Examination of Plans, Special Provisions and Site of Work. The bidder shall examine carefully the Proposal, Plans, Special Provisions, Contract forms and the site of the work contemplated therefor. It will be assumed that the bidder has investigated to his or her satisfaction the conditions to be encountered and the character, quality and requirements of all Plans, Special Provisions, Standard Specifications, and Standard Plans involved.
1-03. Proposal. Bids shall be made on the blank forms prepared by the City. All bids shall give the prices bid, both in writing and in figures and shall be signed by the bidder or his or her authorized representative, with his or
GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 4 Spec. No. 24-04 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. (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.
GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 5 Spec. No. 24-04 1-10. General Provisions of the Standard Specifications. All provisions of the General Provisions, Sections 1 through 11, of the Standard Specifications, shall be applicable to the contract except as modified by these Special Provisions. The Standard Specifications are set forth in Section 12-06 of these Special Provisions. 1-11. Addenda. If it becomes necessary to revise any part of these plans and specifications after they have been released, the City will issue an addendum containing the revision. All addenda will be posted on the City’s website at www.cityofukiah.com/purchasing with the rest of the bid documents. Anyone who intends to submit a bid in response to this Request for Bid must check the website frequently for any posted addenda. Anyone submitting a bid will be deemed to have seen and agreed to be bound by the posted addenda. (THIS SECTION IS LEFT INTENTIONALLY BLANK)
GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 6 Spec. No. 24-04 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 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
GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 7 Spec. No. 24-04 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
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.
GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 8 Spec. No. 24-04 5-01. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial Liability Coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
3. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Course of Construction insurance covering for “all risks” of loss. 5-02. Minimum Limits of Insurance
Contractor shall maintain limits no less than:
1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $2,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury and property damage. 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.
GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 9 Spec. No. 24-04
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.
GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 10 Spec. No. 24-04 6-04. Liability of Contractor. The Contractor shall do all of the work and furnish all labor, materials, tools and appliances, except as otherwise herein expressly stipulated, necessary or proper for performing and completing the work herein required in the manner and within the time herein specified. The mention of any specific duty or liability imposed upon the Contractor shall not be construed as a limitation or restriction of any general liability or duty imposed upon the Contractor by this contract, said reference to any specific duty or liability being made herein merely for the purpose of explanation.
The right of general supervision by the City shall not make the Contractor an agent of the City and the liability of the Contractor for all damages to persons or to public or private property, arising from the Contractor's execution of the work, shall not be lessened because of such general supervision.
Until the completion and final acceptance by the City of all the work under and implied by this contract, the work shall be under the Contractor's responsible care and charge. The Contractor shall rebuild, repair, restore and make good all injuries, damages, re-erections and repairs, occasioned or rendered necessary by causes of any nature whatsoever, excepting only acts of God and none other, to all or any portions of the work, except as otherwise stipulated.
To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the City and its officers, directors, agents and employees from and against all claims, damages, losses and expenses including but not limited to attorneys' fees, costs of suit, expert witness fees and expenses and fees and costs of any necessary private investigators arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, other than the work itself, including the loss of use resulting therefrom and (2) is caused in whole or in part by any act or omission of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder, or by the negligence or omission of a party indemnified herein.
In any and all claims against the City or any of its agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts, or other employee benefit acts. The obligation to indemnify shall extend to and include acts of the indemnified party which may be negligent or omissions which may cause negligence.
The City shall have the right to estimate the amount of such damage and to cause the City to pay the same and the amount so paid for such damage shall be deducted from the money due the Contractor under this contract; or the whole or so much of the money due or to become due the Contractor under this contract as may be considered necessary by the City, shall be retained by the City until such suits or claims for damages shall have been settled or otherwise disposed of and satisfactory evidence to that effect furnished to the City. 6-05. Protection of Persons and Property. The Contractor shall furnish such watchman, guards, fences, warning signs, walks and lights as shall be necessary and shall take all other necessary precautions to prevent damage or injury to persons or property.
All property line fences and improvements in the vicinity of the work shall be protected by the Contractor and, if they are injured or destroyed, they and any other property injured by the Contractor, his or her employees or agents, shall be restored to a condition as good as when he or she entered upon the work. 6-06. Protection of City Against Patent Claims. All fees, royalties or claims for any patented invention, article or method that may be used upon or in any manner connected with the work under this contract shall be included in the price bid for the work and the Contractor and his or her sureties shall protect and hold the City, together with all of its officers, agents, servants and employees, harmless against any and all demands made for such fees or 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.
GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 11 Spec. No. 24-04 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 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
GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 12 Spec. No. 24-04 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 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.
(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
GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 13 Spec. No. 24-04 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 im mediately 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 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
GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 14 Spec. No. 24-04 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 kinds from any of the grounds which he or she has occupied and leave them in first class condition.
6-23. Guaranty. All work shall be guaranteed 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. 6-24. Public Notification. The contractor shall be responsible for all public notification regarding construction work including detours, lane and street closures, hours of operations, and notification of effected commercial businesses within 1000 feet of the construction. For any business impacted by construction, the contractor shall provide adequately sized on-site signage indicating that businesses are open during construction. The contractor shall prepare public noticing via the newspaper, radio announcements, notification of the emergency vehicle agencies, public transit, Ukiah Unified School District and St. Mary’s School, that the project streets will be affected by potential detours and street closures, with recommended alternate routes of travel. Through street access will be restricted to businesses and residents only during construction closures. Location of Street Closures signage shall be positioned to give motorists the ability to use alternate routes prior to coming to a dead-end road closed for construction. All proposed detours, closures and traffic control methods shall be submitted to the Engineer for approval prior noticing to the public. All public noticing shall be performed a minimum of one week prior to instituting traffic control, and lane or street closures. The tentative construction schedule shall be included in the public noticing. The contractor shall submit all public notice language to the City Engineer for approval prior to publication of notices. All road closures, detour routes, and traffic control including temporary lane closure plans shall be submitted by the Contractor to the City Engineer for approval prior to public noticing and use.
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
GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 15 Spec. No. 24-04 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 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 benchmarks 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. 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.
GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 16 Spec. No. 24-04 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. 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
GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 17 Spec. No. 24-04 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.
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
GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 18 Spec. No. 24-04 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, 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
GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 19 Spec. No. 24-04 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.
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.
GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 20 Spec. No. 24-04 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. (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.
GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 21 Spec. No. 24-04 (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 executed by City, the Contractor and the escrow agent, which may be City. The escrow agreement shall specify, among other matters, value of securities to be deposited; procedures for valuing the securities and for adding or withdrawing securities to maintain the market value of the deposited securities at least equal to the amount of moneys which would otherwise be withheld; the terms and conditions of conversion to cash in case of the default by the Contractor; and terms, conditions and procedure for termination of the escrow. City shall have no obligation to enter any such Agreement that does not provide the City with the unilateral right to convert securities to cash and to gain immediate possession of the cash.
GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 22 Spec. No. 24-04 10-04. Acceptance. The work must be accepted by vote of the City Council of the City of Ukiah when the whole shall have been completed satisfactorily. The Contractor shall notify the Engineer, in writing, of the completion of the work, whereupon the Engineer shall promptly, by personal inspection, satisfy himself as to the actual completion of the work in accordance with the terms of the contract and shall thereupon recommend acceptance by the City Council.
10-05. Final Estimate and Payment. The Engineer shall, as soon as practicable after the final acceptance of the work done under this contract, make a final estimate of the amount of work done thereunder and the value thereof.
Such final 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, the entire sum so found to be due hereunder, after deducting therefrom all previous payments and such other lawful amounts as the terms of this contract prescribe.
In no case will final payment be made in less than thirty-five (35) days after the filing of the notice of completion with the County Recorder.
10-06. Delay Payments. Should any payment due the Contractor or any estimate be delayed, through fault of the City beyond the time stipulated, such delay shall not constitute a breach of contract or be the basis for a claim for damages, but the City shall pay the Contractor interest on the amount of the payment at the rate of 6 percent per annum for the period of such delay. The terms for which interest will be paid shall be reckoned, in the case of any monthly or progress payment, from the twentieth day of the month next succeeding the month in which the work was performed to the date of payment of the estimate; and in the case of the final estimate, from the forty-fifth day after acceptance to the date of payment of the final estimate.
The date of payment of any estimate shall be considered the day on which the payment is offered or mailed as evidenced by the records of the Treasurer of the City. If interest shall become due on any delayed payment, the amount thereof, as determined by the City, shall be added to a succeeding payment. If the interest shall become due on the final payment, it shall be paid on a supplementary voucher to interest or any sum or sums which, by the terms of this contract, the City is authorized to reserve or retain. 10-07. Extra Work and Work Omitted. Whenever corrections, alterations, or modifications of the work under this contract ordered by the Engineer and approved by the City increase the amount of work to be done, such added work shall be known as "extra work"; and when such corrections, alterations, or modifications decrease the amount of work to be done, such subtracted work shall be known as "work omitted".
When the Contractor considers that any changes ordered involve extra work, he or she shall immediately notify the Engineer in writing and subsequently keep him or her informed as to when and where extra work is to be performed and shall make claim for compensation therefor each month not later than the first day of the month following that in which the work claimed to be extra work was performed and he or she shall submit a daily complete statement of materials and labor used and expenses incurred on account of extra work performed, showing allocation of all materials, labor and expenses.
All such claims shall state the date of the Engineer's written order and the date of approval by the City authorizing the work on account of which claim is made. Unless such notification is made in writing within the time specified and unless complete statements of materials used and expenses incurred on account of such extra work are furnished as above required, the Contractor shall not be entitled to payment on account of extra work and Contractor shall be deemed to have waived the right to make any future claims for compensation for such extra work.
When changes decrease the amount of work to be done, they shall not constitute a claim for damages on account of anticipated profits on the work that may be omitted. 10-08. Compensation for Extra Work or Work Omitted. Whenever corrections, additions, or modifications in the work under this contract change the amount of work to be done or the amount of compensation due the Contractor, excepting increases or decreases in contract items having unit contract prices for each measurable quantity installed in place, and such changes have been ordered in writing by the Engineer and approved by the City prior to the Contractor performing the extra work, then a price may be agreed upon. Failing such an