HomeMy WebLinkAbout2020-09-02 PacketPage 1 of 6
City Council
Regular Meeting
AGENDA
Civic Center Council Chamber ♦ 300 Seminary Avenue ♦ Ukiah, CA 95482
Register for Ukiah City Council Regular Meeting at:
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name of the meeting at www.cityofukiah.com/meetings.
September 2, 2020 6:00 PM
1. ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
4. PETITIONS AND COMMUNICATIONS
5. APPROVAL OF MINUTES
5.a. Approval of the Minutes for the August 19, 2020, Special Meeting.
Recommended Action: Approve the Minutes of August 19, 2020, Special Meeting, as submitted.
Attachments:
1.20200819 Draft Minutes Special Meeting
5.b. Approval of the Minutes for the August 19, 2020, Regular Meeting.
Recommended Action: Approve the Minutes of August 19, 2020, Regular Meeting, as submitted.
Attachments:
1.20200819 Draft Minutes
6. RIGHT TO APPEAL DECISION
Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The
City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time
within which the decision of the City Boards and Agencies may be judicially challenged.
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7. CONSENT CALENDAR
The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council.
Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will
be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will
approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations.
7.a. Request Authorization for the City Manager to Negotiate and Execute a Seventh Amendment to
the Lease Agreement with Tayman Park Golf Group.
Recommended Action: Authorize the City Manager to negotiate and execute amendment #7 to the
golf course lease agreement with Tayman Park Golf Group.
Attachments:
1.Addendum No 7 to Tayman Park Golf Course Lease
7.b. Adoption of Resolution Approving Records Destruction.
Recommended Action: Adopt resolution authorizing the destruction of outdated documents.
Attachments:
1.Resolution with Exhibit A
7.c. Award Contract to EIDIM Group, Inc. in the Amount of $279,770.43 for the Council Chambers
AV Replacement Project, Specification No. 2009, and Approve Corresponding Budget
Amendment.
Recommended Action: Award contract to EIDIM Group, Inc. in the amount of $279,770.43 for the
Council Chambers AV Replacement Project, Specification No. 2009, and approve corresponding
budget amendment.
Attachments:
1.Bid Results Council Chamber AV Replacement Spec 2009
2.EIDIM Bid Combined
3.Project Allocation
7.d. Award Contract for the Roof Replacement at the Grace Hudson Museum, Spec. No. 2010, and
Approve Corresponding Budget Amendment If Necessary.
Recommended Action: Award contract for the Roof Replacement at the Grace Hudson Museum,
Spec. No. 2010, and approve corresponding budget amendment if necessary.
Attachments:
1.ASR 08052020Museum Roof
2.Spec 2010 Museum Roof Replacement FINAL
7.e. Consider Adoption of Resolution Adopting a 2020 Advocacy Platform to Serve as Guidelines
for Local, State, and Federal Legislative Matters.
Recommended Action: Adopt resolution adopting a 2020 Advocacy Platform to serve as
guidelines for local, state, and federal legislative, administrative, regulatory and court matters.
Attachments:
1.Resolution_2020 Advocacy REV827 Redline
2.2020 Strategic Goals
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8. AUDIENCE COMMENTS ON NONAGENDA ITEMS
The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in,
you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you
may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not
more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in
which the subject is not listed on the agenda.
9. COUNCIL REPORTS
10. CITY MANAGER/CITY CLERK REPORTS
11. PUBLIC HEARINGS (6:15 PM)
12. UNFINISHED BUSINESS
12.a. Receive Status Report and Consider Any Action or Direction Related to the Novel Coronavirus
(COVID19) Emergency Including Operational Preparedness and Response; Continuity of City
Operations and Services; Community and Business Impacts; and Any Other Related Matters.
Recommended Action: Receive status report and consider any action or direction related to the
Novel Coronavirus (COVID19) Emergency including operational preparedness and response;
continuity of City operations and services; community and business impacts; and any other
related matters.
Attachments: None
12.b. Receive Report Regarding Review of Ordinance for Development of Operating Standards for
Community Gardens, Live Entertainment, Outdoor Dining, Sidewalk Cafes, and Specialty Food
and Beverage Sales with Tasting; and Provide Direction to Staff as Necessary.
Recommended Action: Receive report and provide direction to Staff as necessary.
Attachments:
1.Ordinance No. 1167
12.c. Receive Report Regarding Annual Review of Ordinance for the Regulation of Shopping Cart
Containment and Retrieval, and Provide Direction as Necessary.
Recommended Action: Receive report from Staff and direct Staff to review compliance and
enforcement and provide recommendations for Council's consideration at a future Council
Meeting.
Attachments:
1.Ordinance No. 1187 Shopping Cart Containment and Retrieval
2.Ordinance No. 1191 Amending Shopping Cart Containment and Retrieval Ordinance
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12.d. Continued Discussion and Possible Adoption of Resolution Amending Procedures for Annual
Appointment and Rotation of Mayor, Vice Mayor, and City Councilmembers.
Recommended Action: 1) Conduct a discussion per staff recommendations; and 2) If Council
decides to go with the proposed method of rotation, then adopt Resolution A or B, depending on
which option Council chooses; or 3) If Council decides not to go with the proposed method, then
give direction to the ad hoc and staff.
Attachments:
1.Dais Seating
2.Mayor Rotation Scenarios
3.Resolution Redline
4.Resolution A
5.Resolution B
12.e. Discussion with Possible Direction to Staff Regarding Draft Objective Development and Design Standards and
Flexible Parking Options for Multifamily Residential Development.
Recommended Action: Staff recommends the Council review the draft Flexible Parking
Standards, and the draft Objective Design and Development Standards, and provide Staff with
direction.
Attachments:
1.Flexible Parking Options
2.Objective Standards
3.PC and DRB Minutes
13. NEW BUSINESS
13.a. Possible Introduction by Title Only of the Ordinance Amending Division 5, Chapter 2 of the City
Code to Designate the Entity Authorized to Make Determinations on Livestock Permits.
Recommended Action: Approve the introduction of the Ordinance Amending Division 5, Chapter
2 of the City Code to Designate the Entity Authorized to Make Determinations on Livestock
Permits.
Attachments:
1.1952 Health Officer Agreement
2.Livestock Permitting Ordinance Redline
3.Livestock Permitting Ordinance CLEAN
13.b. Discussion and Possible Action to Determine the City’s Position on the 2020 Resolution being
Considered by the League of California Cities and Provide Corresponding Voting Instructions to
the City of Ukiah’s Voting Delegate.
Recommended Action: Staff recommends that the Council provide direction to the voting
delegate on the attached League of California Cities Resolution. The City can choose to support,
oppose or abstain.
Attachments:
1.2020 Resolution Packet
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13.c. Possible Introduction of Ordinance by Title Only, Amending Sign Ordinance.
Recommended Action: Introduce by title only amendment to Ukiah City Code Section 3224.C
listing "Political Signs" as exempt from requiring a sign permit.
Attachments:
1.Sign Ordinance Amendment REDLINED
2.Sign Ordinance Amendment CLEAN
13.d. Receive Updates on City Council Committee and Ad Hoc Assignments, and, if Necessary,
Consider Modifications to Assignments and/or the Creation/Elimination of Ad Hoc(s).
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:
1.2020 City Council Special Assignments 070620
14. CLOSED SESSION CLOSED SESSION MAY BE HELD AT ANY TIME DURING THE MEETING
14.a. Conference with Legal Counsel—Anticipated Litigation
(Government Code Section 54956.9(d)(2))
Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2)(Number
of potential cases: 3)
Recommended Action: Confer in Closed Session
Attachments: None
14.b. Conference with Legal Counsel—Anticipated Litigation
(Government Code Section 54956.9(d)(4))
Deciding whether to initiate litigation pursuant to paragraph (4) of subdivision (d) of
Government Code Section 54956.9 (Potential Cases: 1)
Recommended Action: Confer in Closed Session
Attachments: None
14.c. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUKCVPT201870200
Recommended Action: Confer in Closed Session
Attachments: None
14.d. Conference with Legal Counsel – Existing Litigation
(Cal. Gov’t Code Section 54956.9(d)(1))
Name of case: City of Ukiah v. Questex, LTD, et al, Mendocino County Superior Court, Case
No. SCUK CVPT1566036
Recommended Action: Confer in Closed Session
Attachments: None
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14.e. Conference with Labor Negotiator (54957.6)
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: All Bargaining Units
Recommended Action: Confer in Closed Session
Attachments: None
14.f. Conference with Real Property Negotiators
(Cal. Gov’t Code Section 54956.8)
Property: APN Nos: 15705003, 15706002, 15705004, 15705003, 15703002, 157050
01, 15705002, 15705010, 15705009, 15707001, 15707002, 00319001
Negotiator: Sage Sangiacomo, City Manager;
Negotiating Parties: Dave Hull and Ric Piffero
Under Negotiation: Price & Terms of Payment
Recommended Action: Confer in Closed Session
Attachments: None
15. ADJOURNMENT
Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed
in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon
request. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public
inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business hours, Monday through
Friday, 8:00 am to 5:00 pm.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at the main
entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting set forth on this
agenda.
Kristine Lawler, City Clerk
Dated: August 28, 2020
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AGENDA ITEM 5a
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CITY OF UKIAH
CITY COUNCIL MINUTES
Special Meeting
Virtual Meeting: https://attendee.gotowebinar.com/rt/993588385031958539
Ukiah, CA 95482
August 19, 2020
5:00 p.m.
1. ROLL CALL AND PLEDGE OF ALLEGIANCE
Ukiah City Council met at a Special Meeting on August 19, 2020, having been legally noticed on
August 14, 2020. Mayor Crane called the meeting to order at 5:03 p.m. Roll was taken with the
following Councilmembers Present: Maureen Mulheren, Jim O. Brown, Stephen G. Scalmanini,
Juan V. Orozco, 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 Councilmember Brown.
2. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No public comments were received.
THE CITY COUNCIL ADJOURNED FOR CLOSED SESSION AT 5:05 P.M.
3. CLOSED SESSION
a. Conference with Legal Counsel—Anticipated Litigation
(Government Code Section 54956.9(d))
A. Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code
Section 54956.9: (Number of potential cases: 1.)
B. Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of
Section 54956.9: (Number of potential cases: 1)
b. Conference with Legal Counsel—Anticipated Litigation
Government Code Section 54956.9(d)
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section
54956.9: (Potential Cases: 1)
c. Conference with Legal Counsel—Anticipated Litigation
Government Code Section 54956.9(d)(2)
Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(1) (Number
of potential case: 1)
d. 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
e. Conference with Legal Counsel – Existing Litigation
(Cal. Gov’t Code Section 54956.9(d)(1))
Name of case: City of Ukiah v. Questex, LTD, et al, Mendocino County Superior Court, Case
No. SCUK- CVPT-15-66036
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City Council Minutes for August 19, 2020, Continued:
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f. Conference with Labor Negotiator (54957.6)
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: All Bargaining Units
g. Conference with Real Property Negotiators
(Cal. Gov’t Code Section 54956.8)
Property: APN Nos: 157-050-03, 157-060-02, 157-050-04, 157-050-03, 157-030-02, 157-050-
01, 157-050-02, 157-050-10, 157-050-09, 157-070-01, 157-070-02, 003-190-01
Negotiator: Sage Sangiacomo, City Manager; Negotiating Parties: Dave Hull and Ric Piffero
Under Negotiation: Price & Terms of Payment
Direction was given to staff.
4. ADJOURNMENT
There being no further business, the meeting adjourned at 5:40 p.m.
________________________________
Kristine Lawler, City Clerk
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AGENDA ITEM 5b
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CITY OF UKIAH
CITY COUNCIL MINUTES
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
January 15, 2020
6:00 p.m.
1. ROLL CALL
Ukiah City Council met at a Regular Meeting on August 19, 2020, having been legally noticed on
August 14, 2020. Mayor Crane called the meeting to order at 6:01 p.m. The City Clerk confirmed that
all attendance remained the same as for the Special Meeting held at 5:00 p.m., with the following
Councilmembers Present: Maureen Mulheren, Jim O. Brown, Stephen G. Scalmanini, Juan V.
Orozco, 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 Brown.
3.PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a.Proclamation in Honor of the 100th Anniversary of the 19th Amendment to the Unites
States Constitution.
Presenter: Councilmember Mulheren.
Proclamation was received by Katarzyna Rolzinski.
Public Comment: Katarzyna Rolzinski.
b.Proclamation Recognizing August 20, 2020 to September 20, 2020, as Relay For Life
Month, Supporting the American Cancer Society.
Presenter: Councilmember Brown.
Public Comment: Larry Olsen.
Proclamation was read and will be presented at a later date.
URGENCY ITEM
URGENCY ITEM - Ratification of a Resolution Declaring a Local Emergency Due to Extreme
Heat Conditions and Potential Curtailment of Electrical Services, and Receive a Status
Report.
Presenter: Sage Sangiacomo, City Manager.
Motion/Second: Brown/Mulheren to accept Urgency Item and place as Agenda Item 13b. Motion
carried by the all votes: AYES: Mulheren, Brown, Scalmanini, Orozco, and Crane. NOES: None.
ABSENT: None. ABSTAIN: None.
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City Council Minutes for August 19, 2020, Continued:
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4. PETITIONS AND COMMUNICATIONS
5. APPROVAL OF MINUTES
a. Approval of the Minutes for the August 5, 2020, Regular Meeting.
Motion/Second: Mulheren/Orozco to approve Minutes of August 5, 2020, a regular meeting, as
submitted. Motion carried by the following roll call votes: AYES: Mulheren, Brown, Scalmanini,
Orozco, and Crane. NOES: None. ABSENT: None. ABSTAIN: None.
6. RIGHT TO APPEAL DECISION
7. CONSENT CALENDAR
a. Report of Disbursements for the Month of June 2020 – Finance.
b. Notification of Purchase of Services from Arrow Fencing in the Amount of $6,050 for Materials
and Installation of a Replacement Gate for the Corporation Yard and Approval of Corresponding
Amendment – Public Works.
c. Award of Purchase (PO No. 46808) of Back-Up Power Generators for the Water and Wastewater
Divisions from MULTIQUIP, Inc. in the Amount of $117,690 and from Pac Machine Company
(PO No. 46809) in the Amount of $52,467, as Approved in the Fiscal Year 2020-2021 Capital
Budget – Water Resources.
d. Approval of Notice of Completion for the Bush & Low Gap Electric Improvement Project,
Specification No. 20-05, and Approve Final Payment and the 5% Retention to Wipf Construction,
LLC – Electric Utility.
e. Approval of Notice of Completion for the Todd Grove Park Electric Service Upgrade,
Specification No. 20-07, and Approve Final Payment and the 5% Retention to Wipf Construction,
LLC – Electric Utility.
f. Notification to City Council of the Purchase (PO No. 46787-General Pacific) of Utility Grade Ariel
Infrared Thermal Survey Equipment in the Amount of $24,560.02 (EUD) – Electric Utility.
g. Award of Contract (COU No. 2021-108) to Pavement Coatings Company in the Amount of
$330,494 for the 2020 Slurry Seal of Local Streets, and Approval of Corresponding Budget
Amendment – Public Works.
h. Award of Contract (COU No. 2021-109) to DC Electric Group, Inc. in the Amount of $29,895 Plus
Applicable Sales Tax for the Replacement of the Traffic Signal Video Detection System at the
Intersection of East Perkins Street and North Orchard Avenue – Public Works.
i. Approval of Amendment No. 2 (COU No. 1617-141-A2) with SMB Environmental in the Amount
of $25,000 for Additional CEQA Support Services for the Ukiah Landfill Closure Project – Public
Works.
Motion/Second: Mulheren/Brown to approve Consent Calendar Items 7a-7i, as submitted. Motion
carried by the following roll call votes: AYES: Mulheren, Brown, Scalmanini, Orozco, and Crane.
NOES: None. ABSENT: None. ABSTAIN: None.
8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
Public Comment: David Burton, Museum Director – Women’s Suffrage Exhibit at Museum.
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City Council Minutes for August 19, 2020, Continued:
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9. COUNCIL REPORTS
Presenters: Councilmembers Mulheren and Scalmanini.
Mayor Directive to Staff to agendize a review of the sign ordinance for the next council meeting.
10. CITY MANAGER/CITY CLERK REPORTS
Presenter: Sage Sangiacomo, City Manager.
Water/Legislative Platform Action – David Rapport, City Attorney.
11. PUBLIC HEARINGS (6:15 PM)
a. Water Rate Protest Hearing and Adoption of Water Rate Resolution
Presenters: Dan Buffalo, Finance Director; Bob Reed, Reed Group; and Sean White, Water
Resources Director.
A PowerPoint presentation was given.
PUBLIC COMMENT PERIOD OPENED AT 7:27 P.M.
Public Comment: Michael Roberts (read by clerk), Christopher Watt.
PUBLIC COMMENT PERIOD CLOSED AT 7:49 P.M.
Motion/Second: Brown/Mulheren to adopt the associated resolution (2020-45) with the present rate
study as presented, effective October 1, 2020, noting that a majority of protests - 50%+1 - was not
received. Motion carried by the following roll call votes: AYES: Mulheren, Brown, Scalmanini,
Orozco, and Crane. NOES: None. ABSENT: None. ABSTAIN: None.
b. Public Hearing on and Consideration of City Adopting Resolution Authorizing (1) Series
2020A Lease Revenue Bonds to Reimburse the City for the Cost to Purchase, Renovate,
and Improve City Facilities and (2) 2020B Lease Revenue Bonds to Pay Off a Portion of
the City’s Unfunded Accrued Liability with CalPERS
Presenters: Dan Buffalo, Finance Director and Mike Meyer and Eric Scriven, NHA Advisors.
A PowerPoint presentation was given.
PUBLIC COMMENT PERIOD OPENED AT 9:02 P.M.
No public comment was received.
PUBLIC COMMENT PERIOD CLOSED AT 9:05 P.M.
Motion/Second: Brown/Mulheren to adopt the resolution (2020-46) authorizing staff to move forward
with the financing strategy as presented. Motion carried by the following roll call votes: AYES:
Mulheren, Brown, Scalmanini, Orozco, and Crane. NOES: None. ABSENT: None. ABSTAIN: None.
Council Consensus clarified to staff to use the purple dash option - 7% UAL LRB: ESC Payments
(27 years) (shortest maturity), subject to final review and approval by Council.
Note: Council recessed as the City Council and convened as the Ukiah Public Financing Authority
at 9:06 p.m., then reconvened as City Council at 9:10 p.m.
RECESS: 9:15 – 9:25 P.M.
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City Council Minutes for August 19, 2020, Continued:
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12. UNFINISHED BUSINESS
a. Receive Status Report and Consider Any Action or Direction Related to the Novel
Coronavirus (COVID-19) Emergency Including Operational Preparedness and Response;
Continuity of City Operations and Services; Community and Business Impacts; and Any
Other Related Matters
Presenters: Tami Bartolomei, Office of Emergency Management Coordinator and Sage
Sangiacomo, City Manager.
Reports were received.
b. Annual Report Regarding the Visit Ukiah Program and Authorization for City Manager to
Negotiate and Execute Performance Agreement between the Greater Ukiah Chamber of
Commerce and the City of Ukiah for Continued Administration of the Program for Fiscal
Year 2020-21
Presenters: Shannon Riley, Deputy City Manager and Katrina Kessen, Greater Ukiah Business and
Tourism Alliance Executive Director.
Motion/Second: Brown/Scalmanini to authorize the City Manager to negotiate and execute a
performance agreement (COU No. 2021-110) between the Greater Ukiah Chamber of Commerce
and the City of Ukiah for the continued administration of the program. Motion carried by the following
roll call votes: AYES: Mulheren, Brown, Scalmanini, Orozco, and Crane. NOES: None. ABSENT:
None. ABSTAIN: None.
c. Receive Report Regarding the Economic Development and Financing Corporation
(EDFC); Consideration of Request for Funding from EDFC; and Request for Authorization
for the City Manager to Negotiate and Execute Performance Agreement Between the City
of Ukiah and EDFC
Presenters: Shannon Riley, Deputy City Manager; Jesse Burnett, EDFC Interim Executive Director;
Diann Simmons EDFC Operations Manager; and Robert Gernert EDFC Loan Manager.
A PowerPoint presentation was given.
Motion/Second: Scalmanin/Mulheren to authorize the City Manager to negotiate and execute
Performance Agreement (COU No. 1920-111) between the City of Ukiah and EDFC. Motion carried
by the following roll call votes: AYES: Mulheren, Brown, Scalmanini, Orozco, and Crane. NOES:
None. ABSENT: None. ABSTAIN: None.
d. Discuss and Consider Approval of Resolution Confirming an Emergency Order of the City
Manager of the City of Ukiah in His Capacity as the Director of Emergency Services
Extending the Operation Period of the Inland Winter Homeless Shelter Located at 1045
South State Street in Ukiah through April 30, 2021.
Presenter: Darcy Vaughn, Assistant City Attorney.
Motion/Second: Mulheren/Brown to adopt the Resolution (2020-47) confirming Emergency Order
of the City Manager of the City of Ukiah, in his capacity as the Director of Emergency Services for
the City, extending the operation period of the Inland Winter Homeless Shelter located at 1045 South
State Street in Ukiah through April 30, 2021. Motion carried by the following roll call votes: AYES:
Mulheren, Brown, Scalmanini, Orozco, and Crane. NOES: None. ABSENT: None. ABSTAIN: None.
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City Council Minutes for August 19, 2020, Continued:
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e. Receive Report Regarding Review of Ordinance for Development of Operating Standards
for Community Gardens, Live Entertainment, Outdoor Dining, Sidewalk Cafes, and
Specialty Food and Beverage Sales with Tasting; and Provide Direction to Staff as
Necessary.
f. Receive Report Regarding Annual Review of Ordinance for the Regulation of Shopping
Cart Containment and Retrieval and Provide Direction as Necessary.
g. Continued Discussion and Possible Adoption of Resolution Amending Procedures for
Annual Appointment and Rotation of Mayor, Vice Mayor, and City Councilmembers
Council Consensus to move agenda items 12 e, f, and g to the September 2, 2020, meeting due
to the late hour.
13. NEW BUSINESS
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).
No reports were received.
b. URGENCY ITEM - Ratification of a Resolution Declaring a Local Emergency Due to
Extreme Heat Conditions and Potential Curtailment of Electrical Services, and
Receive a Status Report.
Presenter: Sage Sangiacomo, City Manager.
Motion/Second: Scalmanini/Mulheren to ratify the resolution (2020-49) declaring a local
emergency related to the extreme heat conditions and potential curtailment of electrical
services, and receive a status report. Motion carried by the following roll call votes: AYES:
Mulheren, Brown, Scalmanini, Orozco, and Crane. NOES: None. ABSENT: None. ABSTAIN: None.
14. CLOSED SESSION
Closed Session was held in a Special Meeting at 5:00 p.m., on the same day prior to the regular
meeting.
15. ADJOURNMENT
There being no further business, the meeting adjourned at 10:51 p.m.
________________________________
Kristine Lawler, City Clerk
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Agenda Item No: 7.a.
MEETING DATE/TIME: 9/2/2020
ITEM NO: 2020-518
AGENDA SUMMARY REPORT
SUBJECT: Request Authorization for the City Manager to Negotiate and Execute a Seventh Amendment to
the Lease Agreement with Tayman Park Golf Group.
DEPARTMENT: City Manager /
Admin PREPARED BY: Maya Simerson, Project & Grant Administrator
PRESENTER: Consent Calendar
ATTACHMENTS:
1. Addendum No 7 to Tayman Park Golf Course Lease
Summary: Tayman Park Golf Group is under contract with the City of Ukiah to manage and operate the Ukiah
Valley Golf Course. This public-private partnership is successful in part because both parties are receptive to
identifying potential issues and looking for ways to mitigate them before a problem arises. This seventh
amendment allows for a one-time possible adjustment to potential water charges in excess of the identified
cap payed through the Golf Enterprise Account by taking into consideration the effects of an extreme drought
year for FY2020.
Background: The Ukiah Valley Golf Course has been operated by Tayman Park Golf Group (TPGG) since
2005. The City of Ukiah and TPGG have demonstrated that the agreement is successful and beneficial for
both parties and the community. The existing agreement between the parties outlines a strong foundation for
the operation of the partnership; however in some cases, unforeseen elements arise that prompt review,
discussion, and possible action. Staff has recently identified one such item and evaluated the need for an
adjustment to the contract.
Tayman has proved to be a reliable and trusted operator, which has sought to minimize the expenses of
running the course whereever possible in order to sustain its operation. However, TPGG faces the same
challenges common to the industry, with one of the major challenges being the cost of water to irrigate the
course, which is amplified in Ukiah by their dependency on using an old and inefficient irrigation system. The
City is actively pursuing the implementation of the fourth phase of the recycled water project (Purple Pipe),
which when completed, will extend to the parks, fields and golf course. Phase 4 has not yet been initiated.
In March of 2018, Council approved a third amendment to the TPGG contract and, as part of that amendment,
relief on the bulk of the water costs to the contractor was achieved. At the time the third amendment was
developed and executed, staff and TPGG used a five-year average for water costs to determine a fair value to
be assigned as a cap for the amount of water charges the City's Golf Enterprise would be responsible for
paying. What was not considered in the formula for determining the dollar amount cap was the possibility of
the extreme drought like that of FY2020, where rainfall measured only 39% of normal National Oceanic and
Atmospheric Administration, California Nevada Forecast Center. Due to the lack of precipitation in FY 2020,
the course had to be irrigated more than in a normal year, costing much more in water expenses than
anticipated in the formula used to determine a cost of water cap.
Discussion: This seventh amendment proposes to take into account the recent extreme drought year.
Because the rainfall in the past year was 39% of normal, the City may, upon direction from the City Manager,
Page 14 of 361
Page 2 of 2
pay up to fifty (50%) percent of City’s annual charges to TPGG for water in excess of the allotted annual
amount specified in the lease agreement. If approved by Council, it should be noted that payment of this
additional amount is subject to the review by the City Manager and can only be applied for FY2020 if
circumstances support the making of such payment and as to availability of cash on hand in the Golf
Enterprise Fund (GEF).
The existing agreement with TPGG outlines strict standards for the maintenance of the course. TPGG is
constantly challenged to meet these standards due to many factors including the ongoing struggle to utilize an
old and inefficient irrigation system. Despite the difficulties, the course has been maintained in good condition
and is being used and enjoyed by the community. Currently the golf course, following all required COVID-19
safety precautions, provides one of the only allowed methods of recreational sporting excepted from the
pandemic restrictions. The Ukiah community is fortunate to have this resource and the City appreciates the
value of the asset.
Staff supports the recommendation to modify the agreement to accommodate a one-time option for flexibility
related to water costs brought on by this by extreme drought season in FY2020. Staff recommends that
Council authorize the City Manager to negotiate and execute a seventh amendment to the lease agreement
with Tayman Park Golf Group. The draft amendment is attached as Attachment #1.
Recommended Action: Authorize the City Manager to negotiate and execute amendment #7 to the golf
course lease agreement with Tayman Park Golf Group.
BUDGET AMENDMENT REQUIRED: n/a
CURRENT BUDGET AMOUNT: n/a
PROPOSED BUDGET AMOUNT: n/a
FINANCING SOURCE: 72022400.55210
PREVIOUS CONTRACT/PURCHASE ORDER NO.: 070112
COORDINATED WITH: Sage Sangiacomo, City Manager & David Rapport, City Attorney
Page 15 of 361
1
ATTACHMENT #1
ADDENDUM NO. 7 TO UKIAH MUNICIPAL GOLF COURSE LEASE
AGREEMENT
This Agreement (“Addendum No. 7”) entered in Ukiah, California on August __
2020 (“Effective Date”), amends Addendum No. 3, effective March 13, 2018, to
the Municipal Golf Course Lease Agreement (“Lease”), dated July 1, 2012,
between the City of Ukiah (“Lessor” or “City”), a general law municipal
corporation, and Tayman Park Golf Course Group, Inc. (“Lessee” or “TPGG”), a
corporation in good standing under the laws of the State of California. Except as
amended herein the Lease, as amended by Addendum No. 3, dated March 13,
2018, Addendum No. 4, dated October 17, 2018, Addendum No. 5, dated October
2, 2019, and Amendment No. 6, dated April 1, 2020, remain in full force and
effect.
AGREEMENT:
Section 4 of Addendum No. 3 is amended to read as follows:
Section 4. Potable Water Fees Suspended.
A. Retroactive to July 1, 2017, TPGG shall receive Potable Water from the City
until the earlier of the last day of the Initial Term or the Purple Pipe Date. To avoid
any subsidy by other ratepayers for Potable Water used by TPGG, the City shall
make those payments to the WSE in accordance with Section 6 of City Council
Resolution No. 2018-08 as described in Section 4B below.
B. Until the Purple Pipe Date, TPGG will apply Potable Water to irrigate the Golf
Course in a professional manner. Retroactive to July 1, 2017, the GCE will pay up
to one hundred and eighty-five thousand ($185,000) dollars of City’s annual
charges to TPGG for Potable Water. TPGG shall pay any charges in excess of one
hundred and eighty-five thousand ($185,000) dollars. TPGG’s use of Potable
Water under this Subsection B is subject to any more restrictive mandatory water
use limitation regulations imposed upon or by the City.
C. Because the Ukiah rainfall reported by the National Oceanic and Atmospheric
Administration, California Nevada Forecast Center for the twelve months ended
June 30, 2020 was only thirty-nine (39%) percent of normal rainfall for the period,
the GCE may on a one time basis upon direction from the City Manager, pay up to
fifty (50%) percent of City’s charges to TPGG for Potable Water in excess of one
Page 16 of 361
2
hundred and eighty-five thousand ($185,000) dollars billed for the twelve month
period ended June 30, 2020. Payment of any amount in excess of one hundred and
eighty-five thousand ($185,000) dollars for this period is subject to the sole
discretion and judgment of the City Manager that circumstances support the
making of such payment and as to the availability of cash generated only in the
GCE Fund and on hand.
D. Any refund by WSE to TPGG for Potable Water payments credited under 4.B
above, for payments made by TPGG after July 1, 2017, will first be applied by the
City to full payment of the forty‐thousand ($40,000) dollar annual Lease payments
due the GCE for FY2018. The remaining balance, if any, will be paid to TPGG to
be used for UVGC purposes.
WHEREFORE, the Parties have entered this Addendum No. 7 on the Effective
Date.
City of Ukiah:
By: ______________________________
Sage Sangiacomo, City Manager
Attest:
_________________________
Kristine Lawler, City Clerk
Approved as to form:
_________________________
David J. Rapport, City Attorney
TAYMAN PARK GOLF GROUP, INC.,
Lessee
By: ______________________
Its:
Page 17 of 361
Page 1 of 1
Agenda Item No: 7.b.
MEETING DATE/TIME: 9/2/2020
ITEM NO: 2019-237
AGENDA SUMMARY REPORT
SUBJECT: Adoption of Resolution Approving Records Destruction.
DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk
PRESENTER: Consent Item
ATTACHMENTS:
1. Resolution with Exhibit A
Summary: The Finance department, along with the City Attorney and City Clerk, have reviewed records that
have been identified as being ready for destruction. Council is being asked to approve their destruction.
Background: The Finance department, along with the City Attorney, and City Clerk have reviewed the
Records Destruction Notices for 103 boxes and have approved them for shredding. The removal of these
boxes for destruction will create much needed space for new record retention boxes currently awaiting storage
locations.
Discussion: The estimated cost for shredding the 103 boxes is $721. The City Clerk budget includes funds
for annual records destruction and no budget amendment is necessary at this time.
Staff recommends that Council adopt the resolution (Attachment 1), authorizing the destruction of 103 boxes
of outdated documents, listed in full and attached as Exhibit A to the resolution.
Recommended Action: Adopt resolution authorizing the destruction of outdated documents.
BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: $12,000
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: 10012500.52100; City Clerk Contracted Services
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A
Page 18 of 361
ATTACHMENT 1
RESOLUTION NO. 2020-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING THE
DESTRUCTION OF CERTAIN RECORDS
WHEREAS, the Finance department, along with the City Attorney and City Clerk offices have
reviewed and approved the list of records that are attached as Exhibit A, and determined that said
records are no longer necessary and may at this time be destroyed.
NOW, THEREFORE, BE IT RESOLVED, that the Ukiah City Council hereby approves the
destruction of certain records, contained in Exhibit A of this Resolution, and authorizes the City Clerk
to destroy the records.
PASSED AND ADOPTED this 2nd day of September, 2020, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Douglas F. Crane, Mayor
ATTEST:
______________________________
Kristine Lawler, City Clerk
Page 19 of 361
CONTAI
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SHELF LOCATION BOX # Date Rec'd Con /
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RECORD TITLE RECORD DATES RETAIN
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1 a 16 1602 Pub Payroll Validation 12/94 - 9/95 2020 Thomas Finance
1 a 39 1671 Pub Payroll Validations 12/94 - 4/95 2020 Thomas Finance
1 b 51 1603 Pub Payroll Validation and Register 12/94 - 12/95 2020 Thomas Finance
1
b
55 3778 3/13/2009 Con Employee Payroll Files 12/03 2020 ElizaBeth MacFarland Finance Originally scheduled for destruction in 2015; destruction
date was changed to 2020 on 11/21/16 -AC
1
b
59 3779 3/13/2009 Con Employee Payroll Files 12/03 2020 ElizaBeth MacFarland Finance Originally scheduled for destruction in 2015; destruction
date was changed to 2020 on 11/21/16 -AC
1 c 96 1604 Pub Employee Dist/Calculation Totals 12/94 - 12/95 2020 Thomas Finance
1 e 188 1610 Pub Feature Distribution Reports 11/95 - 12/95 2020 Thomas Finance
1 f 216 1599 Pub Feature Distribution Reports 12/94 - 4/95 2020 Thomas Finance
1 f 247 00184 8/9/2019 Pub 716.05 Stores 1/1/08-12/31/17 2020 Seth Strader Finance
1 g 260 4709 6/8/2018 con 704.09 Cash Receipt Stubs 2015-2016 2020 Lori Martin Finance
1 g 278 4712 6/8/2018 Con 704.09 Cash Receipt Stubs 2016 2020 Lori Martin Finance
1 g 293 00119 4/29/2018 Con Utility Receipt Stubs 6/2015-6/2016 2020 Nancy Cooley Finance was box 4772
1 h 313 4715 6/8/2018 Con Billing Records 12/27/16-2/2/17 2020 Lori Martin Finance
1 h 314 4716 6/8/2018 Con Billing Records 2014-2016 2020 Lori Martin Finance
1
h
320 4718 6/8/2018 Con Billing Records +*2015-2016 2020 Lori Martin Finance Includes Requisition Books, Electric Mtr AMR Mtr Chg
Tags Rtes; Utility service orders
1
h
324 4719 6/8/2018 Con Billing Records*2014-2015 2020 Lori Martin Finance EFT; Heap; Utility Credits; MDR; Life Support; Zeiffert &
Assoc/HUD; NSF's
1 h 329 4721 4/29/2018 Con 704.09 Cash Receipt Stubs 11/2015-3/2016 2020 Nancy Cooley Finance Edit List
2j 386 00138 6/5/2018 Pub Accounts Payable 7/1/13-6/30/14 2020 Lora Smith Finance was location 528, box 48150
2j 397 00139 11/19/2018 Pub Accounts Payable 7/1/13-6/30/14 2020 Candice Rasmason Finance was location 514, box 4847
2k 438 00142 11/19/2018 Pub Accounts Payable 7/1/14-6/30/15 2020 Candice Rasmason Finance was location 517, box 4848
2l 476 4615 8/9/2016 Accounts Payable 7/12 - 8/13 2020 Joanna Montes Finance G.I. Joe's - Home Depot
2l 480 4616 8/9/2016 Accounts Payable 7/12 - 8/13 2020 Joanna Montes Finance Epic Aviation - F File
2l 482 1612 Pub Feature Distribution Reports 4/95 - 7/95 2020 Thomas Finance
2l
485 4617
8/9/2016
Accounts Payable 7/12 - 8/13 2020 Joanna Montes Finance Coursey, Jennifer - Environmental Science
2l 489 00150 6/30/2018 Pub Accounts Payable/Warrants Paid 7/1/13-6/30/14 2020 Laura Smith Finance was box 4835
2l 491 4836 11/19/2018 Pub Accounts Payable 7/1/14-6/30/15 2020 Candice Rasmason Finance Pard - Q
2l 493 4837 6/5/2018 Pub Accounts Payable 7/1/13-6/30/14 2020 Laura Smith Finance Moirs - One Source
2l 496 4838 11/19/2018 Pub Accounts Payable 7/1/14-6/30/15 2020 Candice Rasmason Finance Ups - Z
2l 497 4839 11/19/2018 Pub Accounts Payable 7/1/14-6/30/15 2020 Candice Rasmason Finance
J-L
2l 498 4840 6/5/2018 Pub Accounts Payable 7/1/13-6/30/14 2020 Laura Smith Finance Bu-DC
2l 502 4841 6/5/2018 Pub Accounts Payable 7/1/13-6/30/14 2020 Laura Smith Finance Public Service Dept. - Rino Pacific
2l 503 4842 6/5/2018 Pub Accounts Payable 7/1/13-6/30/14 2020 Laura Smith Finance Kiwanis - Michell 1
2m 505 4843 11/19/2018 Pub Accounts Payable 7/1/13-6/30/14 2020 Candice Rasmason Finance Ukiah Valley - Z
2m 508 4844 11/19/2018 Pub Accounts Payable 7/1/14-6/30/15 2020 Candice Rasmason Finance Bu-C
2m 510 4845 11/19/2018 Pub Accounts Payable 7/1/13-6/30/14 2020 Candice Rasmason Finance Ris - Sur
2m 519 4849 6/5/2018 Pub Accounts Payable 7/1/13-6/30/14 2020 Laura Smith Finance A-AT
2m 530 4851 11/19/2018 Pub Accounts Payable 7/1/13-6/30/14 2020 Laura Smith Finance D-E
2m 543 4852 11/19/2018 Pub Accounts Payable 7/1/14-6/30/15 2020 Candice Rasmason Finance O-Parc
2m 544 00152 6/5/2018 Pub Accounts Payable 7/1/13-6/30/14 2020 Lora Smith Finance
2m 546 4853 11/19/2018 Pub Accounts Payable 7/1/14-6/30/15 2020 Candice Rasmason Finance At-Bu
2n 548 4854 11/19/2018 Pub Accounts Payable 7/1/14-6/30/15 2020 Candice Rasmason Finance 101-At
2n 550 4855 6/5/2018 Pub Accounts Payable 7/1/13-6/30/14 2020 Laura Smith Finance De-Fred
2n 552 1611 Pub Feature Distribution Reports 7/95 - 11/95 2020 Thomas Finance
2n 553 4856 6/5/2018 Pub Accounts Payable 7/1/13-6/30/14 2020 Laura Smith Finance Hastings - Kirk
2n 554 04857 11/27/2018 Pub Accounts Payable 1/1/12-12/31/15 2020 Candice Rasmason Finance
2n 556 4858 11/19/2018 Pub Accounts Payable 7/1/14-6/30/15 2020 Candice Rasmason Finance T-Up
2n 563 4859 11/19/2018 Pub Accounts Payable 7/1/14-6/30/15 2020 Candice Rasmason Finance Gp-Je
2n 570 4860 11/19/2018 Pub Accounts Payable 7/1/14-6/30/15 2020 Candice Rasmason Finance F-Go
2n 578 4862 11/19/2018 Pub Accounts Payable/Report of 7/1/14-6/30/15 2020 Candice Rasmason Finance S
EXHIBIT A
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2o 602 4865 11/28/2018 Pub Warrant Register/Report of 7/1/12-6/30/15 2020 Candice Rasmason Finance
2o 606 04866 11/28/2018 Pub Report of Disbursements 7/1/14-6/30/15 2020 Candice Rasmason Finance Jan-Oct
2q 682 4462 10/14/2015 Con Billing Records 3/25/15-6/18/15 2020 Candice Rasmason Finance Register Receipt Packets
2q 683 4748 4/29/2018 Con Billing Records 11/2016-12/2016 2020 Nancy Cooley Finance
2q 689 4750 4/29/2018 Con Billing Records 11/2015-12/2015 2020 Nancy Cooley Finance
2q 690 4465 10/14/2015 Con Billing Records 12/23/14-3/24/15 2020 Candice Rasmason Finance Register Receipt Packets
2q 698 4470 10/21/2015 Con Billing Records 12/22/14-1/26/15 2020 Candice Rasmason Finance Utility Payment Stubs
2r 716 4752 4/29/2018 Con Billing Records 5/2016-6/2016 2020 Nancy Cooley Finance
2r 726 4477 10/21/2015 Con Billing Records 2013-2015 2020 Candice Rasmason Finance Credit Card; Utility Post; UVSD
3s 768 00269 9/26/2019 Pub 719.09 Past Due Reports 07/20/16-07/20/17 2020 Karen Brazil Finance
3u 851 00183 8/9/2019 Pub 716.01 Bids, RFQs, RFPs - Successful 1/1/99-12/31/11 2017 Seth Strader Finance
3u
856 4496 10/27/2015
Con
Cash Receipts Batches 11/2014 - 1/2015 2020 Jan Newell Finance
Cash Receipts, Batches 11/2014 - 01/2015
3u 858 4497 10/27/2015 Con Cash Receipt Postings 7/2014 - 8/2014 2020 Jan Newell Finance Cash Reciept Postings July - August 2014
3u 862 4499 10/27/2015 Con Batch Postings - Cash Receipts 9/2014 - 10/2014 2020 Jan Newell Finance Batch Postings - Cash Reciepts
3u 866 00277 5/26/1982 Con 714.15 Ledgers 01/01/78 1986 Finance was location 22, box 520
3v 889 4500 10/27/2015 Con 704.09 Cash Receipt Stubs 7/2014 - 11/2014 2020 Jan Newell Finance Tyler Cashiering Payment Stubs / Work Packets
3v 892 4501 10/27/2015 Con General Billing Batches & Journals 4/2014 - 5/2014 2020 Jan Newell Finance General Billing Batches & Journal Pmts
3v 903 4602 8/11/2016 Accounts Payable 7/12 - 6/13 2020 Joanna Montes Finance Weston - XYZ
3v 907 4603
8/11/2016 Accounts Payable 7/12 - 6/13 2020 Joanna Montes Finance Business Card - County of San Mateo
3w 951 4503 10/27/2015 Con General Billing Batches & Journals 6/2013 - 6/2014 2020 Jan Newell Finance General Billing Batches & Journal Pmts & Cash Postings
3w 956 4508 10/27/2015 Con General Billing Batches & Journals 1/2014 - 3/2014 2020 Jan Newell Finance General Billing Batches & Journal Pmts
3x 970 4604 8/9/2016 Accounts Payable 7/12 - 6/13 2020 Joanna Montes Finance Napa Auto Parts - One Source
3x 971 4605 8/9/2016 Accounts Payable 7/12 - 6/13 2020 Joanna Montes Finance Madrigal - M File
3x 978 00350 1/13/2020 719.09 Past Due Report 01/01/11-12/31/15 2020 Lori Martin Finance
3x 991 4606 8/9/2016 Accounts Payable 7/12 - 6/13 2020 Joanna Montes Finance Homemade - L File
3x 992 4524 10/27/2015 Con Closed Business Licenses 1/2014 - 12/2014 2020 Jan Newell Finance Closed Business Licenses 2014
3y 1040 4096 7/9/2012 Both Accounts Payable 7/1/08 - 6/30/09 2020 Sechrest Finance #1 - A - As
3y 1042 4097 7/9/2012 Both Accounts Payable 7/1/08 - 6/30/09 2020 Sechrest Finance #2 - AT&T - Az
3y 1044 4098 7/9/2012 Both Accounts Payable 7/1/08 - 6/30/09 2020 Sechrest Finance #3 - B -
3y 1046 4099 7/9/2012 Both Accounts Payable 7/1/08 - 6/30/09 2020 Sechrest Finance #4 - C - Da
3y 1048 4100 7/9/2012 Both Accounts Payable 7/1/08 - 6/30/09 2020 Sechrest Finance #5 - De - Fi
3y 1049 4669 2/17/2017 Con 704.09 Cash Receipt Stubs 6/2015 - 10/2015 2020 Kathy Norris Finance Tyler Daily
3y 1050 4101 7/9/2012 Both Accounts Payable 7/1/08 - 6/30/09 2020 Sechrest Finance #6 - Fl - G
3z 1052 4102 7/9/2012 Both Accounts Payable 7/1/08 - 6/30/09 2020 Sechrest Finance #7 - H - J
3z 1054 4103 7/9/2012 Both Accounts Payable 7/1/08 - 6/30/09 2020 Sechrest Finance #8 - K - Ma
3z 1056 4104 7/9/2012 Both Accounts Payable 7/1/08 - 6/30/09 2020 Sechrest Finance #9 - Mc - N
3z 1058 4105 7/9/2012 Both Accounts Payable 7/1/08 - 6/30/09 2020 Sechrest Finance #10 - O - Pi
3z 1060 4106 7/9/2012 Both Accounts Payable 7/1/08 - 6/30/09 2020 Sechrest Finance #11 - Pl - RDO
3z 1062 4107 7/9/2012 Both Accounts Payable 7/1/08 - 6/30/09 2020 Sechrest Finance #12 - Re - Rz
3z 1064 4108 7/9/2012 Both Accounts Payable 7/1/08 - 6/30/09 2020 Sechrest Finance #13 - S - St
3z 1066 4607 8/9/2016 Accounts Payable 7/12 - 6/13 2020 Joanna Montes Finance 101 Things - AT&T
3z
1067 4608 8/11/2016 Accounts Payable 7/12 - 6/13 2020 Joanna Montes Finance Ukiah High School - Western Renewable
3z 1068 4109 7/9/2012 Both Accounts Payable 7/1/08 - 6/30/09 2020 Sechrest Finance #14 - Su - Ukiah High
3z 1070 4110 7/9/2012 Both Accounts Payable 7/1/08 - 6/30/09 2020 Sechrest Finance #15 - Ukiah Lock - Wh
3z 1072 4111 7/9/2012 Both Accounts Payable 7/1/08 - 6/30/09 2020 Sechrest Finance #16 - Wi - Z
3z 1076 4609 8/11/2016 Accounts Payable 7/12 - 6/13 2020 Joanna Montes Finance Target Safety - Ukiah Gun Club
3z 1080 4112 7/9/2012 Both Accounts Payable 7/1/08 - 6/30/09 2020 Sechrest Finance #17 - Edge
3z 1089 4610 8/9/2016 Accounts Payable 7/12 - 6/13 2020 Joanna Montes Finance S.P.A.C.E - S File
3aa 1111 4675 2/17/2017 Con Accounts Receivable 2009 - 2016 2020 Kathy Norris Finance Miscellaneous
3aa 1112 00261 9/27/2019 Pub 719.08 Cashier Daily Work 03/22/11-05/13/11 2017 Karen Brazil Finance
3aa 1133 4611 8/9/2016 Accounts Payable 7/12 - 8/13 2020 Joanna Montes Finance AT&T - Bushway
3aa 1134 4612 8/9/2016 Accounts Payable 7/12 - 8/13 2020 Joanna Montes Finance Redwood Coast Fuels - R File
4bb 1136 4218 1/10/2014 Con Payroll Time Sheets Apr 2012 - Aug 2012 2020 Elizabeth MacFarland Finance
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1 a 35 4778 5/25/2018 Con Payroll Records 2017 2020 Kippy Cummins Finance/P
Page 22 of 361
Page 1 of 2
Agenda Item No: 7.c.
MEETING DATE/TIME: 9/2/2020
ITEM NO: 2020-552
AGENDA SUMMARY REPORT
SUBJECT: Award Contract to EIDIM Group, Inc. in the Amount of $279,770.43 for the Council Chambers AV
Replacement Project, Specification No. 20-09, and Approve Corresponding Budget Amendment.
DEPARTMENT: Finance PREPARED BY: Michael Ingwell, I.T. Manager, Mary Horger,
Financial Services Manager
PRESENTER: Consent Calendar
ATTACHMENTS:
1. Bid Results - Council Chamber AV Replacement - Spec 20-09
2. EIDIM Bid - Combined
3. Project Allocation
4. 7c Correspondence Received - PCD
5. 7c Correspondence Received - Mary Horger
Summary: Council will consider awarding a contract to EIDIM Group, Inc. in the amount of $279,770.43 for the Council
Chambers AV Replacement Project, Specification No. 20-09, and approve corresponding budget amendment.
Background: On December 4, 2019, Council approved the design from ABD Engineering and Design for the
Audio/Visual Upgrade of the Council Chambers and Conference Rooms 3 and 5 Project ("Project"). The City
is currently utilizing antiquated equipment in the Council Chambers, consisting of an old computer, one
stationary camera used to televise the Council meetings, and failing microphone equipment, all in significant
need of replacement.
This equipment is what makes it possible to broadcast meetings held in the Chamber to the public and record
the discussions as part of the official record, which are both essential components of complying with
Resolution No. 2016-58 (Action Minutes in Conjunction with Digital Audio or Audio-Video Recordings to the
Official Recordation to be used for City Council and all City Boards and Commissions) and the Brown Act to
make the legislative process transparent.
Staff has also identified the need for enhancing Conference Rooms 3 and 5 at the Civic Center to increase the
flexibility of televised meetings. Staff worked with ABD Engineering and Design to propose design
specifications for this project and will be assisting staff with Quality Assurance (QA) through the course of
construction and installation.
Discussion: On July 17, 2020, the bid notice was released for the Project. On August 4, 2020, a virtual Non-Mandatory Pre-Bid
Meeting was conducted via an on-line meeting platform, with fourteen (14) companies pre-registering for the meeting.
Bids were due by 2:00 p.m., August 18, 2020. Bids were received from three (3) contractors. The bid tabulation is provided as
Attachment 1. As per the bid specifications, the lowest bid was to be based on the base bid, with no consideration of the Add
Alternates.
After careful review by both City Staff and ABD Engineering, it was found that EIDIM Group, Inc submitted the lowest, responsible bid,
in the amount of $279,770.43. Please see Attachment 2 for a copy of their bid.
Several factors are expected to have played a role in the bid amounts, versus the original Engineer's estimate of $160,284 for the
Council Chambers, and $41,282 for the two conference rooms. These factors include higher engineering labor costs and higher labor
costs associated with necessary turn-key electrical work and general construction costs. Employer safety requirements in response to
Page 23 of 361
Page 2 of 2
the COVID-19 pandemic likely contributed to higher than estimated Project costs submitted by bidders. Based on a review of
similar projects by other agencies, the bids have been deemed to be competitive and consistent with similarly
scoped projects. A rebid is not recommended given the range of bids received and the potential for increased
costs. Furthermore, there are cost, timing, and efficiency benefits to complete the project while COVID-19
restrictions prevent the physical use of the meeting space.
Note, the audio/video rehabilitation/upgrade project is a complete automated production system that does not
require the use of paid staff to operate the cameras, thus resulting in low ongoing operational costs.
It is staff’s recommendation to award contract to EIDIM Group, Inc, in the amount of $279,770.43 for the Audio/Visual Upgrade of the
Council Chambers and Conference Rooms 3 and 5 Project, and approve corresponding budget amendment, plus 10% for any
contingencies. The previously budgeted amount in FY 2020 was $150,000 and funded by reserves in the City's Building Maintenance
internal service fund. The difference between that amount and the bid amount recommended here is $129,770.43 and is
recommended to be funded by that reserve with an adjusted allocation proposed through a budget amendment. Estimated amounts of
that allocation by fund are included here in Attachment 3.
Recommended Action: Award contract to EIDIM Group, Inc. in the amount of $279,770.43 for the Council
Chambers AV Replacement Project, Specification No. 20-09, and approve corresponding budget amendment.
BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: 20822500.80220.15016: $0
PROPOSED BUDGET AMOUNT: 20822500.80220.15016: $279,770.43 + 10% (Contingency)= $307,747.47
FINANCING SOURCE:
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Erik Geiger, ABD Engineering & Design; Kristine Lawler, City Clerk
Page 24 of 361
Item #Item CodeItem Description Quantity UOM Unit Price Item Total Unit Price Item Total Unit Price Item Total
1 24 41 20 - CITY OF UKIAH COUNCIL CHAMBERS: AUDIOVISUAL SYSTEMS 1 EA $198,479.87 $198,479.87 $259,512.00 $259,512.00 $187,817.37 $187,817.37
2 27 41 30 - CITY OF UKIAH CONFERENCE ROOM 3: AUDIOVISUAL SYSTEMS 1 EA $30,635.54 $30,635.54 $40,860.00 $40,860.00 $38,010.97 $38,010.97
3 27 41 35 - CITY OF UKIAH CONFERENCE ROOM 5: AUDIOVISUAL SYSTEMS 1 EA $26,655.02 $26,655.02 $38,136.00 $38,136.00 $36,263.63 $36,263.63
4 27 41 00 - TRAINING COSTS, PER PART 1.24 1 EA $2,000.00 $2,000.00 $3,470.00 $3,470.00 $1,500.00 $1,500.00
5 27 41 00 - WARRANTY - YEAR ONE PER PART 1.24 1 EA $15,000.00 $15,000.00 $2,370.00 $2,370.00 $0.00 $0.00
6 27 41 00 - SOFTWARE SERVICE CONTRACT COSTS, PER 3.3.D.2 1 EA $7,000.00 $7,000.00 $4,470.00 $4,470.00 $18,480.00 $18,480.00
$279,770.43 $348,818.00 $282,071.97
Item #Item CodeItem Description Quantity UOM Unit Price Item Total Unit Price Item Total Unit Price Item Total
1 ADD ALTERNATE 1 - 27 41 20 - CITY OF UKIAH COUNCIL CHAMBERS 1 EA $7,795.11 $7,795.11 $20,120.00 $20,120.00 $7,645.05 $7,645.05
2 ADD ALTERNATE 2 - 27 41 00 - WARRANTY, YEAR 2 - PER PART 1.7 1 EA $16,000.00 $16,000.00 $7,964.00 $7,964.00 $16,500.00 $16,500.00
3 ADD ALTERNATE 3 - 27 41 00 - WARRANTY, YEAR 3 - PER PART 1.7 1 EA $18,000.00 $18,000.00 $8,154.00 $8,154.00 $33,000.00 $33,000.00
4 ADD ALTERNATE 4 - 27 41 00 - WARRANTY, YEAR 4 - PER PART 1.7 1 EA $20,000.00 $20,000.00 $8,360.00 $8,360.00 $49,500.00 $49,500.00
5 ADD ALTERNATE 5 - 27 41 00 - WARRANTY, YEAR 5 - PER PART 1.7 1 EA $22,000.00 $22,000.00 $8,568.00 $8,568.00 $66,000.00 $66,000.00
$83,795.11 $53,166.00 $172,645.05
$363,565.54 $401,984.00 $454,717.02
Lunardi Electric
Electrical
Bid List
Total Bid
Listed Subs
Bid List
ADD ALTERNATES
Buena Park, CA 90621 Santa Rosa, CA 95401
Base Bid
Fresno, CA
Council Chambers AV Replacement Project
City of Ukiah
Bid Opening:2020-08-18
EIDIM Group, Inc. dba EIDIM
AV Technology PCD EKC Enterprises, Inc.
6905 Oslo Circle Suite J 1032 Maxwell Drive
ATTACHMENT 1
Page 25 of 361
EIDIM Group, Inc.ATTACHMENT 2
Page 26 of 361
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Audio/Visual Upgrade of the Council Chambers and Conference Rooms 3 and 5
Adjusted
Allocation for
FY 2021
Fund No.Allocated Funds Amount Indirect Rate
Share ot Total
Cost Amount Indirect Rate
Share ot Total
Cost
Increase
(Decrease)
100 GENERAL FUND 104,267$ 4.91%69.51%194,471$ 5.75%69.51%90,205$
200 CITY ADMINISTRATIVE SERVICES 33,699 5.59%22.47%62,853 6.55%22.47%29,154
205 BILLING AND COLLECTION FUND 5,970 2.06%3.98%11,135 2.41%3.98%5,165
800 ELECTRIC FUND 4,027 0.17%2.68%7,510 0.19%2.68%3,484
820 WATER FUND 871 0.15%0.58%1,625 0.17%0.58%754
840 CITY SEWER OPERATIONS FUND 1,166 0.16%0.78%2,175 0.19%0.78%1,009
Total 150,000$ 1.64%100.00%279,770$ 1.92%100.00%129,770$
Notes:
1.Prior budget amount represents share of reserves in the Building Maintenance internal service fund (208), attributed to allocated funds.
Prior Budget Allocation from Reserves Recommended Budget Allocation
Attachment 3
Page 106 of 361
September 1, 2020
Via Regular Mail & Email
CITY OF UKIAH
300 Seminary Avenue
Ukiah, CA 95482-5400
Attn: Mary Horger, Financial Services Manager mhorger@cityofukiah.com
Re: Council Chambers A/V Replacement
LETTER OF PROTEST
On August 18, 2020, PCD responded to a request for bids to replace the audio visual
equipment in the council chambers and other rooms. On August 19th, we received the bid
results showing the breakdown of amounts from the three responding contractors. On August
30th, PCD received a recap of the bids which differs from the numbers shown on the August
19th detail. Notably, the total bid amount for contractor EIDIM Group, Inc.has risen from
$309,294.36 to $363,565.54 – an increase of $54,271.18 over the original bid tally. This letter
is to be considered a formal protest of the process. From the documents provided, it is unclear
as to how the numbers changed but original bid results tally shown on the ‘ebidboard’ form
clearly show numbers for bidder EIDIM with all categories accounted for and then clearly
modified in the Excel spreadsheet sent later. The modifications are considered “material”
under California contracting law and may not be waived by the city as it potentially provides an
unfair advantage to said contractor as opposed to the other respondents.
As described above, the bid results from respondent EIDIM Group, Inc. has materially changed
from the first tally provided on August 19, 2020 to the “updated” tally provided on August 28,
2020 even if it did not affect the base bid pricing on which the award is to be made. The City
must explain how it “mis-tallied” on its original form or it must find respondent EIDIM’s bid non-
responsive if there were any post-opening changes.
Correspondence Received for Agenda Item 7c
Page 107 of 361
We understand the City went to considerable effort to prepare the bid solicitation and does not
want to see that work wasted and require a rebid. But the facts remain that the process has
included irregularities of a material nature that makes it non-compliant with California law and
prevents responding contractors from participating in a fair and unbiased process.
Very truly yours,
PCD
Henry Beaumont
President
cc: Carla Sodsod carla.sodsod@eidim.com
Christopher Shafer cshafer@ekccorp.com
Doug Crane, Mayor City of Ukiah doug.crane@craneofukiah.com
Page 108 of 361
8/19/2020 eBidboard
https://www.ebidboard.com/public/projects/project_bidresults.asp?mbrguid={A596A592-EC3F-4F8E-BCEE-2F7DFA70661C}&projectguid={153DA92F-69DF-46E4-AA69-4367BB21ED41}1/3
Bid Results
Council Chambers AV Replacement Project 20-09
Show Bid Items
Show Listed Subcontractors
General Contractor: EIDIM Group, Inc. dba EIDIM AV Technology
6905 Oslo Circle
Suite J
Buena Park, CA 90621
Bidder
Status:
Under
Review
Total Bid Amount: $309,294.36 * marks an allowance.
Bid List Name Bid List Total
Base Bid $225,499.25
Item # Item Code Item Description
Estimated
Quantity
Unit of
Measure
Unit Price Item Total
1 24 41 20 - CITY OF UKIAH COUNCIL
CHAMBERS: AUDIOVISUAL SYSTEMS
1 EA $198,479.87 $198,479.87
2 27 41 30 - CITY OF UKIAH CONFERENCE
ROOM 3: AUDIOVISUAL SYSTEMS
1 EA $1,575.82 $1,575.82
3 27 41 35 - CITY OF UKIAH CONFERENCE
ROOM 5: AUDIOVISUAL SYSTEMS
1 EA $1,443.56 $1,443.56
4 27 41 00 - TRAINING COSTS, PER PART 1.24 1 EA $2,000.00 $2,000.00
5 27 41 00 - WARRANTY - YEAR ONE PER PART
1.24
1 EA $15,000.00 $15,000.00
6 27 41 00 - SOFTWARE SERVICE CONTRACT
COSTS, PER 3.3.D.2
1 EA $7,000.00 $7,000.00
Bid List Name Bid List Total
ADD ALTERNATES $83,795.11
Item # Item Code Item Description
Estimated
Quantity
Unit of
Measure
Unit Price Item Total
1 ADD ALTERNATE 1 - 27 41 20 - CITY OF
UKIAH COUNCIL CHAMBERS
1 EA $7,795.11 $7,795.11
2 ADD ALTERNATE 2 - 27 41 00 - WARRANTY,
YEAR 2 - PER PART 1.7
1 EA $16,000.00 $16,000.00
3 ADD ALTERNATE 3 - 27 41 00 - WARRANTY,1 EA $18,000.00 $18,000.00
Page 109 of 361
8/19/2020 eBidboard
https://www.ebidboard.com/public/projects/project_bidresults.asp?mbrguid={A596A592-EC3F-4F8E-BCEE-2F7DFA70661C}&projectguid={153DA92F-69DF-46E4-AA69-4367BB21ED41}2/3
YEAR 3 - PER PART 1.7
4 ADD ALTERNATE 4 - 27 41 00 - WARRANTY,
YEAR 4 - PER PART 1.7
1 EA $20,000.00 $20,000.00
5 ADD ALTERNATE 5 - 27 41 00 - WARRANTY,
YEAR 5 - PER PART 1.7
1 EA $22,000.00 $22,000.00
General Contractor: PCD
1032 Maxwell Drive
Santa Rosa, CA 95401
Bidder
Status:
Under
Review
Total Bid Amount: $401,984.00 * marks an allowance.
Bid List Name Bid List Total
Base Bid $348,818.00
Item # Item Code Item Description
Estimated
Quantity
Unit of
Measure
Unit Price Item Total
1 24 41 20 - CITY OF UKIAH COUNCIL
CHAMBERS: AUDIOVISUAL SYSTEMS
1 EA $259,512.00 $259,512.00
2 27 41 30 - CITY OF UKIAH CONFERENCE
ROOM 3: AUDIOVISUAL SYSTEMS
1 EA $40,860.00 $40,860.00
3 27 41 35 - CITY OF UKIAH CONFERENCE
ROOM 5: AUDIOVISUAL SYSTEMS
1 EA $38,136.00 $38,136.00
4 27 41 00 - TRAINING COSTS, PER PART 1.24 1 EA $3,470.00 $3,470.00
5 27 41 00 - WARRANTY - YEAR ONE PER PART
1.24
1 EA $2,370.00 $2,370.00
6 27 41 00 - SOFTWARE SERVICE CONTRACT
COSTS, PER 3.3.D.2
1 EA $4,470.00 $4,470.00
Bid List Name Bid List Total
ADD ALTERNATES $53,166.00
Item # Item Code Item Description
Estimated
Quantity
Unit of
Measure
Unit Price Item Total
1 ADD ALTERNATE 1 - 27 41 20 - CITY OF
UKIAH COUNCIL CHAMBERS
1 EA $20,120.00 $20,120.00
2 ADD ALTERNATE 2 - 27 41 00 - WARRANTY,
YEAR 2 - PER PART 1.7
1 EA $7,964.00 $7,964.00
3 ADD ALTERNATE 3 - 27 41 00 - WARRANTY,
YEAR 3 - PER PART 1.7
1 EA $8,154.00 $8,154.00
4 ADD ALTERNATE 4 - 27 41 00 - WARRANTY,
YEAR 4 - PER PART 1.7
1 EA $8,360.00 $8,360.00
5 ADD ALTERNATE 5 - 27 41 00 - WARRANTY,
YEAR 5 - PER PART 1.7
1 EA $8,568.00 $8,568.00
Listed Subcontractors Description of Work Listing Amount Percent of Contract License No - Expiration
Lunardi Electric Electrical -
General Contractor: EKC Enterprises, Inc. Bidder
Page 110 of 361
8/19/2020 eBidboard
https://www.ebidboard.com/public/projects/project_bidresults.asp?mbrguid={A596A592-EC3F-4F8E-BCEE-2F7DFA70661C}&projectguid={153DA92F-69DF-46E4-AA69-4367BB21ED41}3/3
Fresno, CA Status:
Under
Review
Total Bid Amount: $454,717.02 * marks an allowance.
Bid List Name Bid List Total
Base Bid $282,071.97
Item # Item Code Item Description
Estimated
Quantity
Unit of
Measure
Unit Price Item Total
1 24 41 20 - CITY OF UKIAH COUNCIL
CHAMBERS: AUDIOVISUAL SYSTEMS
1 EA $187,817.37 $187,817.37
2 27 41 30 - CITY OF UKIAH CONFERENCE
ROOM 3: AUDIOVISUAL SYSTEMS
1 EA $38,010.97 $38,010.97
3 27 41 35 - CITY OF UKIAH CONFERENCE
ROOM 5: AUDIOVISUAL SYSTEMS
1 EA $36,263.63 $36,263.63
4 27 41 00 - TRAINING COSTS, PER PART 1.24 1 EA $1,500.00 $1,500.00
5 27 41 00 - WARRANTY - YEAR ONE PER PART
1.24
1 EA $0.00 $0.00
6 27 41 00 - SOFTWARE SERVICE CONTRACT
COSTS, PER 3.3.D.2
1 EA $18,480.00 $18,480.00
Bid List Name Bid List Total
ADD ALTERNATES $172,645.05
Item # Item Code Item Description
Estimated
Quantity
Unit of
Measure
Unit Price Item Total
1 ADD ALTERNATE 1 - 27 41 20 - CITY OF
UKIAH COUNCIL CHAMBERS
1 EA $7,645.05 $7,645.05
2 ADD ALTERNATE 2 - 27 41 00 - WARRANTY,
YEAR 2 - PER PART 1.7
1 EA $16,500.00 $16,500.00
3 ADD ALTERNATE 3 - 27 41 00 - WARRANTY,
YEAR 3 - PER PART 1.7
1 EA $33,000.00 $33,000.00
4 ADD ALTERNATE 4 - 27 41 00 - WARRANTY,
YEAR 4 - PER PART 1.7
1 EA $49,500.00 $49,500.00
5 ADD ALTERNATE 5 - 27 41 00 - WARRANTY,
YEAR 5 - PER PART 1.7
1 EA $66,000.00 $66,000.00
Page 111 of 361
Item #Item CodeItem Description Quantity UOM Unit Price Item Total Unit Price Item Total Unit Price Item Total
1 24 41 20 - CITY OF UKIAH COUNCIL CHAMBERS: AUDIOVISUAL SYSTEMS 1 EA $198,479.87 $198,479.87 $259,512.00 $259,512.00 $187,817.37 $187,817.37
2 27 41 30 - CITY OF UKIAH CONFERENCE ROOM 3: AUDIOVISUAL SYSTEMS 1 EA $30,635.54 $30,635.54 $40,860.00 $40,860.00 $38,010.97 $38,010.97
3 27 41 35 - CITY OF UKIAH CONFERENCE ROOM 5: AUDIOVISUAL SYSTEMS 1 EA $26,655.02 $26,655.02 $38,136.00 $38,136.00 $36,263.63 $36,263.63
4 27 41 00 - TRAINING COSTS, PER PART 1.24 1 EA $2,000.00 $2,000.00 $3,470.00 $3,470.00 $1,500.00 $1,500.00
5 27 41 00 - WARRANTY - YEAR ONE PER PART 1.24 1 EA $15,000.00 $15,000.00 $2,370.00 $2,370.00 $0.00 $0.00
6 27 41 00 - SOFTWARE SERVICE CONTRACT COSTS, PER 3.3.D.2 1 EA $7,000.00 $7,000.00 $4,470.00 $4,470.00 $18,480.00 $18,480.00
$279,770.43 $348,818.00 $282,071.97
Item #Item CodeItem Description Quantity UOM Unit Price Item Total Unit Price Item Total Unit Price Item Total
1 ADD ALTERNATE 1 - 27 41 20 - CITY OF UKIAH COUNCIL CHAMBERS 1 EA $7,795.11 $7,795.11 $20,120.00 $20,120.00 $7,645.05 $7,645.05
2 ADD ALTERNATE 2 - 27 41 00 - WARRANTY, YEAR 2 - PER PART 1.7 1 EA $16,000.00 $16,000.00 $7,964.00 $7,964.00 $16,500.00 $16,500.00
3 ADD ALTERNATE 3 - 27 41 00 - WARRANTY, YEAR 3 - PER PART 1.7 1 EA $18,000.00 $18,000.00 $8,154.00 $8,154.00 $33,000.00 $33,000.00
4 ADD ALTERNATE 4 - 27 41 00 - WARRANTY, YEAR 4 - PER PART 1.7 1 EA $20,000.00 $20,000.00 $8,360.00 $8,360.00 $49,500.00 $49,500.00
5 ADD ALTERNATE 5 - 27 41 00 - WARRANTY, YEAR 5 - PER PART 1.7 1 EA $22,000.00 $22,000.00 $8,568.00 $8,568.00 $66,000.00 $66,000.00
$83,795.11 $53,166.00 $172,645.05
$363,565.54 $401,984.00 $454,717.02
Lunardi Electric
Electrical
Bid List
Total Bid
Listed Subs
Bid List
ADD ALTERNATES
Buena Park, CA 90621 Santa Rosa, CA 95401
Base Bid
Fresno, CA
Council Chambers AV Replacement Project
City of Ukiah
Bid Opening:2020-08-18
EIDIM Group, Inc. dba EIDIM
AV Technology PCD EKC Enterprises, Inc.
6905 Oslo Circle Suite J 1032 Maxwell Drive
ATTACHMENT 1
Page 112 of 361
300 Seminary Avenue • Ukiah • CA • 95482-5400
Phone: (707) 463-6233 · Fax: (707) 313-3621 · www.cityofukiah.com
MEMORANDUM
Date: September 2, 2020
To: Honorable Mayor and Council Members
From: Mary Horger, Financial Services Manager
Re: Agenda Item No. 7c. – Council Meeting of September 2, 2020
Request for Modified Award Recommendation
On September 1, 2020, a bid protest was received from PCD (please refer to Exhibit 1),
which staff subsequently responded to (please refer to Exhibit 2).
As a result, staff is requesting that the recommended action for this item be revised as
follows:
Revised Recommended Action: Disregard Bid Protest Received by PCD, and award
contract to EIDIM Group, Inc. in the amount of $279,770.43 for the Council Chambers
AV Replacement Project, Specification No. 20-09, and approve corresponding budget
amendment.
Correspondence Received for Agenda Item 7c
Page 113 of 361
September 1, 2020
Via Regular Mail & Email
CITY OF UKIAH
300 Seminary Avenue
Ukiah, CA 95482-5400
Attn: Mary Horger, Financial Services Manager mhorger@cityofukiah.com
Re: Council Chambers A/V Replacement
LETTER OF PROTEST
On August 18, 2020, PCD responded to a request for bids to replace the audio visual
equipment in the council chambers and other rooms. On August 19th, we received the bid
results showing the breakdown of amounts from the three responding contractors. On August
30th, PCD received a recap of the bids which differs from the numbers shown on the August
19th detail. Notably, the total bid amount for contractor EIDIM Group, Inc.has risen from
$309,294.36 to $363,565.54 – an increase of $54,271.18 over the original bid tally. This letter
is to be considered a formal protest of the process. From the documents provided, it is unclear
as to how the numbers changed but original bid results tally shown on the ‘ebidboard’ form
clearly show numbers for bidder EIDIM with all categories accounted for and then clearly
modified in the Excel spreadsheet sent later. The modifications are considered “material”
under California contracting law and may not be waived by the city as it potentially provides an
unfair advantage to said contractor as opposed to the other respondents.
As described above, the bid results from respondent EIDIM Group, Inc. has materially changed
from the first tally provided on August 19, 2020 to the “updated” tally provided on August 28,
2020 even if it did not affect the base bid pricing on which the award is to be made. The City
must explain how it “mis-tallied” on its original form or it must find respondent EIDIM’s bid non-
responsive if there were any post-opening changes.
EXHIBIT 1
Page 114 of 361
We understand the City went to considerable effort to prepare the bid solicitation and does not
want to see that work wasted and require a rebid. But the facts remain that the process has
included irregularities of a material nature that makes it non-compliant with California law and
prevents responding contractors from participating in a fair and unbiased process.
Very truly yours,
PCD
Henry Beaumont
President
cc: Carla Sodsod carla.sodsod@eidim.com
Christopher Shafer cshafer@ekccorp.com
Doug Crane, Mayor City of Ukiah doug.crane@craneofukiah.com
Page 115 of 361
8/19/2020 eBidboard
https://www.ebidboard.com/public/projects/project_bidresults.asp?mbrguid={A596A592-EC3F-4F8E-BCEE-2F7DFA70661C}&projectguid={153DA92F-69DF-46E4-AA69-4367BB21ED41}1/3
Bid Results
Council Chambers AV Replacement Project 20-09
Show Bid Items
Show Listed Subcontractors
General Contractor: EIDIM Group, Inc. dba EIDIM AV Technology
6905 Oslo Circle
Suite J
Buena Park, CA 90621
Bidder
Status:
Under
Review
Total Bid Amount: $309,294.36 * marks an allowance.
Bid List Name Bid List Total
Base Bid $225,499.25
Item # Item Code Item Description
Estimated
Quantity
Unit of
Measure
Unit Price Item Total
1 24 41 20 - CITY OF UKIAH COUNCIL
CHAMBERS: AUDIOVISUAL SYSTEMS
1 EA $198,479.87 $198,479.87
2 27 41 30 - CITY OF UKIAH CONFERENCE
ROOM 3: AUDIOVISUAL SYSTEMS
1 EA $1,575.82 $1,575.82
3 27 41 35 - CITY OF UKIAH CONFERENCE
ROOM 5: AUDIOVISUAL SYSTEMS
1 EA $1,443.56 $1,443.56
4 27 41 00 - TRAINING COSTS, PER PART 1.24 1 EA $2,000.00 $2,000.00
5 27 41 00 - WARRANTY - YEAR ONE PER PART
1.24
1 EA $15,000.00 $15,000.00
6 27 41 00 - SOFTWARE SERVICE CONTRACT
COSTS, PER 3.3.D.2
1 EA $7,000.00 $7,000.00
Bid List Name Bid List Total
ADD ALTERNATES $83,795.11
Item # Item Code Item Description
Estimated
Quantity
Unit of
Measure
Unit Price Item Total
1 ADD ALTERNATE 1 - 27 41 20 - CITY OF
UKIAH COUNCIL CHAMBERS
1 EA $7,795.11 $7,795.11
2 ADD ALTERNATE 2 - 27 41 00 - WARRANTY,
YEAR 2 - PER PART 1.7
1 EA $16,000.00 $16,000.00
3 ADD ALTERNATE 3 - 27 41 00 - WARRANTY,1 EA $18,000.00 $18,000.00
Page 116 of 361
8/19/2020 eBidboard
https://www.ebidboard.com/public/projects/project_bidresults.asp?mbrguid={A596A592-EC3F-4F8E-BCEE-2F7DFA70661C}&projectguid={153DA92F-69DF-46E4-AA69-4367BB21ED41}2/3
YEAR 3 - PER PART 1.7
4 ADD ALTERNATE 4 - 27 41 00 - WARRANTY,
YEAR 4 - PER PART 1.7
1 EA $20,000.00 $20,000.00
5 ADD ALTERNATE 5 - 27 41 00 - WARRANTY,
YEAR 5 - PER PART 1.7
1 EA $22,000.00 $22,000.00
General Contractor: PCD
1032 Maxwell Drive
Santa Rosa, CA 95401
Bidder
Status:
Under
Review
Total Bid Amount: $401,984.00 * marks an allowance.
Bid List Name Bid List Total
Base Bid $348,818.00
Item # Item Code Item Description
Estimated
Quantity
Unit of
Measure
Unit Price Item Total
1 24 41 20 - CITY OF UKIAH COUNCIL
CHAMBERS: AUDIOVISUAL SYSTEMS
1 EA $259,512.00 $259,512.00
2 27 41 30 - CITY OF UKIAH CONFERENCE
ROOM 3: AUDIOVISUAL SYSTEMS
1 EA $40,860.00 $40,860.00
3 27 41 35 - CITY OF UKIAH CONFERENCE
ROOM 5: AUDIOVISUAL SYSTEMS
1 EA $38,136.00 $38,136.00
4 27 41 00 - TRAINING COSTS, PER PART 1.24 1 EA $3,470.00 $3,470.00
5 27 41 00 - WARRANTY - YEAR ONE PER PART
1.24
1 EA $2,370.00 $2,370.00
6 27 41 00 - SOFTWARE SERVICE CONTRACT
COSTS, PER 3.3.D.2
1 EA $4,470.00 $4,470.00
Bid List Name Bid List Total
ADD ALTERNATES $53,166.00
Item # Item Code Item Description
Estimated
Quantity
Unit of
Measure
Unit Price Item Total
1 ADD ALTERNATE 1 - 27 41 20 - CITY OF
UKIAH COUNCIL CHAMBERS
1 EA $20,120.00 $20,120.00
2 ADD ALTERNATE 2 - 27 41 00 - WARRANTY,
YEAR 2 - PER PART 1.7
1 EA $7,964.00 $7,964.00
3 ADD ALTERNATE 3 - 27 41 00 - WARRANTY,
YEAR 3 - PER PART 1.7
1 EA $8,154.00 $8,154.00
4 ADD ALTERNATE 4 - 27 41 00 - WARRANTY,
YEAR 4 - PER PART 1.7
1 EA $8,360.00 $8,360.00
5 ADD ALTERNATE 5 - 27 41 00 - WARRANTY,
YEAR 5 - PER PART 1.7
1 EA $8,568.00 $8,568.00
Listed Subcontractors Description of Work Listing Amount Percent of Contract License No - Expiration
Lunardi Electric Electrical -
General Contractor: EKC Enterprises, Inc. Bidder
Page 117 of 361
8/19/2020 eBidboard
https://www.ebidboard.com/public/projects/project_bidresults.asp?mbrguid={A596A592-EC3F-4F8E-BCEE-2F7DFA70661C}&projectguid={153DA92F-69DF-46E4-AA69-4367BB21ED41}3/3
Fresno, CA Status:
Under
Review
Total Bid Amount: $454,717.02 * marks an allowance.
Bid List Name Bid List Total
Base Bid $282,071.97
Item # Item Code Item Description
Estimated
Quantity
Unit of
Measure
Unit Price Item Total
1 24 41 20 - CITY OF UKIAH COUNCIL
CHAMBERS: AUDIOVISUAL SYSTEMS
1 EA $187,817.37 $187,817.37
2 27 41 30 - CITY OF UKIAH CONFERENCE
ROOM 3: AUDIOVISUAL SYSTEMS
1 EA $38,010.97 $38,010.97
3 27 41 35 - CITY OF UKIAH CONFERENCE
ROOM 5: AUDIOVISUAL SYSTEMS
1 EA $36,263.63 $36,263.63
4 27 41 00 - TRAINING COSTS, PER PART 1.24 1 EA $1,500.00 $1,500.00
5 27 41 00 - WARRANTY - YEAR ONE PER PART
1.24
1 EA $0.00 $0.00
6 27 41 00 - SOFTWARE SERVICE CONTRACT
COSTS, PER 3.3.D.2
1 EA $18,480.00 $18,480.00
Bid List Name Bid List Total
ADD ALTERNATES $172,645.05
Item # Item Code Item Description
Estimated
Quantity
Unit of
Measure
Unit Price Item Total
1 ADD ALTERNATE 1 - 27 41 20 - CITY OF
UKIAH COUNCIL CHAMBERS
1 EA $7,645.05 $7,645.05
2 ADD ALTERNATE 2 - 27 41 00 - WARRANTY,
YEAR 2 - PER PART 1.7
1 EA $16,500.00 $16,500.00
3 ADD ALTERNATE 3 - 27 41 00 - WARRANTY,
YEAR 3 - PER PART 1.7
1 EA $33,000.00 $33,000.00
4 ADD ALTERNATE 4 - 27 41 00 - WARRANTY,
YEAR 4 - PER PART 1.7
1 EA $49,500.00 $49,500.00
5 ADD ALTERNATE 5 - 27 41 00 - WARRANTY,
YEAR 5 - PER PART 1.7
1 EA $66,000.00 $66,000.00
Page 118 of 361
Item #Item CodeItem Description Quantity UOM Unit Price Item Total Unit Price Item Total Unit Price Item Total
1 24 41 20 - CITY OF UKIAH COUNCIL CHAMBERS: AUDIOVISUAL SYSTEMS 1 EA $198,479.87 $198,479.87 $259,512.00 $259,512.00 $187,817.37 $187,817.37
2 27 41 30 - CITY OF UKIAH CONFERENCE ROOM 3: AUDIOVISUAL SYSTEMS 1 EA $30,635.54 $30,635.54 $40,860.00 $40,860.00 $38,010.97 $38,010.97
3 27 41 35 - CITY OF UKIAH CONFERENCE ROOM 5: AUDIOVISUAL SYSTEMS 1 EA $26,655.02 $26,655.02 $38,136.00 $38,136.00 $36,263.63 $36,263.63
4 27 41 00 - TRAINING COSTS, PER PART 1.24 1 EA $2,000.00 $2,000.00 $3,470.00 $3,470.00 $1,500.00 $1,500.00
5 27 41 00 - WARRANTY - YEAR ONE PER PART 1.24 1 EA $15,000.00 $15,000.00 $2,370.00 $2,370.00 $0.00 $0.00
6 27 41 00 - SOFTWARE SERVICE CONTRACT COSTS, PER 3.3.D.2 1 EA $7,000.00 $7,000.00 $4,470.00 $4,470.00 $18,480.00 $18,480.00
$279,770.43 $348,818.00 $282,071.97
Item #Item CodeItem Description Quantity UOM Unit Price Item Total Unit Price Item Total Unit Price Item Total
1 ADD ALTERNATE 1 - 27 41 20 - CITY OF UKIAH COUNCIL CHAMBERS 1 EA $7,795.11 $7,795.11 $20,120.00 $20,120.00 $7,645.05 $7,645.05
2 ADD ALTERNATE 2 - 27 41 00 - WARRANTY, YEAR 2 - PER PART 1.7 1 EA $16,000.00 $16,000.00 $7,964.00 $7,964.00 $16,500.00 $16,500.00
3 ADD ALTERNATE 3 - 27 41 00 - WARRANTY, YEAR 3 - PER PART 1.7 1 EA $18,000.00 $18,000.00 $8,154.00 $8,154.00 $33,000.00 $33,000.00
4 ADD ALTERNATE 4 - 27 41 00 - WARRANTY, YEAR 4 - PER PART 1.7 1 EA $20,000.00 $20,000.00 $8,360.00 $8,360.00 $49,500.00 $49,500.00
5 ADD ALTERNATE 5 - 27 41 00 - WARRANTY, YEAR 5 - PER PART 1.7 1 EA $22,000.00 $22,000.00 $8,568.00 $8,568.00 $66,000.00 $66,000.00
$83,795.11 $53,166.00 $172,645.05
$363,565.54 $401,984.00 $454,717.02
Lunardi Electric
Electrical
Bid List
Total Bid
Listed Subs
Bid List
ADD ALTERNATES
Buena Park, CA 90621 Santa Rosa, CA 95401
Base Bid
Fresno, CA
Council Chambers AV Replacement Project
City of Ukiah
Bid Opening:2020-08-18
EIDIM Group, Inc. dba EIDIM
AV Technology PCD EKC Enterprises, Inc.
6905 Oslo Circle Suite J 1032 Maxwell Drive
ATTACHMENT 1
Page 119 of 361
300 Seminary Avenue • Ukiah • CA • 95482-5400
Phone: (707) 463-6233 · Fax: (707) 313-3621 · www.cityofukiah.com
September 2, 2020
Via Email
PCD
1032 Maxwell Drive
Santa Rosa, California 95401
Attention: Mr. Henry Beaumont, President - hbeaumont@pcdinc.net
RE: PCD Letter of Protest Dated 9/1/2020
Council Chamber AV Replacement Project, Spec. 20-09
Dear Mr. Beaumont:
The City of Ukiah is in receipt of your Letter of Protest dated September 1, 2020 regarding the bid results and award
recommendation for the Council Chamber AV Replacement Project, Spec. 20-09. The basis of your protest is that
the original bid results posted on the City of Ukiah’s website differed from the final bid results provided on August 28,
2020. The difference was in the Base Bid items from EIDIM as follows:
From EIDIM’s Base Bid
Item # Description Original
Bid Results
Final
Bid Results
2 27 41 30 – City of Ukiah Conference Room 3: Audiovisual Systems $1,575.82 $30,635.54
3 27 41 35 – City of Ukiah Conference Room 5: Audiovisual Systems $1,443.56 $26,655.02
The explanation regarding the differences of the two bid results can be simply explained. When posting the
preliminary bid results, City Staff made a data entry error. Please refer to Attachment 1. Staff mistakenly entered
the taxes stated in the bid for Base Bid Items #s 2 and 3 rather than the total dollar amount for each of those bid
items as stated in EIDIM’s Base Bid Item #’s 2 and 3. This was discovered during the bid review period, and
subsequently corrected in preparation of the final bid results and award recommendation to City Council.
Furthermore, the total for EIDIM’s base bid has remained unchanged from the amount recorded during the original
bid opening. Please refer to Attachment 2.
Since the bid tabulation differences have nothing to do with the original bid submitted by EIDIM, and no material
change exists, it will be Staff’s recommendation to Council to disregard the bid protest received, and to continue to
consider the original award recommendation.
Sincerely,
Mary Horger
Financial Services Manager
Enc.
Cc: Kristine Lawler, City Clerk - klawler@cityofukiah.com
Sage Sangiacomo, City Manager – ssangiacomo@cityofukiah.com
Doug Crane, Mayor - dcrane@cityofukiah.com
Carla Sodsod, EIDIM – carla.sodsod@eidim.com
Christopher Shafer, EKC Corporation – cshafer@ekccorp.com
EXHIBIT 2
Page 120 of 361
P-2703 City of UkJah C.lifom ..
Council CMmberw AV Replacement
AREA
27 41 20 ·CITY OF UKIAH COUNCIL CHAMBERS:
AUDIOVISUAL SYSTEMS
27 41 30 ·CITY OF UKIAH CONFERENCE ROOM 3:
AUDIOVISUAL SYSTEMS
27 41 35 • CITY OF UKIAH CONFERENCE ROOM 5:
AUDIOVISUAL SYSTEMS
27 41 00. Training Costs, per Part 1.24
27 41 00 • Warranty
Year One (1) • Per Part 1.6
27 41 00 ·Software Service Contract Costs, Per
3.3.D.2
27 41 20 ·CITY OF UKIAH COUNCIL CHAMBERS: BID
ALTERNATE'A'
27 41 00 • Warranty Year Two (2) -Per Part 1.7
27 41 00 • Warranty Year Three (3) • Per Part 1. 7
-
27 41 00 • Warranty YearFour(4) ·Per Part 1.7
27 41 00 -Warranty Year Five (5) ·Per Part 1 .7
QUANTITY of
SPACES
1
1
1
1
1
1
1
1
1
1
1
.t..,._.,lx A. P-2703 CITY OF UKIAH COUNCIL CHAMBERS AV REPLACEMENT
MASTER PRICING TABLE· 27 41 00 AUDIOVISUAL SYSTEMS
BASE BID
EQUIPMENT ENGINEERING PRE-INSTALL INSTAU
$110,808.85 $14,850 .00 $7,443.00 $33,900.50
$17,755.72 $1,280.00 $720.00 $6,480.00
$16,265.48 $720.00 $720.00 $4,950.00
ADD ALTERNATE 1
$3,412.27 $4,080.00
ADD ALTERNATE 2
.. ADD ALTERNATE 3
ADD ALTERNATE 4
ADD ALTERNATE 5
G&A TAXES AREA TOTAL
$21,881.20 $9,818.52 $198,479.87
$2,844.00 $1,575.82 $30,835.54
$2,556.00 $1,443.56 $28,855.02
$2,000.00
$15000.00
$7 000.00
TOTAL BASE BID->» $279, 770.43
$302.84 $7,795.11
TOTAL ADD ALTERNATE 'A'-=<»> $287,565.54
$16,000.00
SIB.000.00
$20 .000.00
122000.00
$18,000 .00
$18.000.00
$20 .000.00
$22 000 .00
SECTION 27 41 00 • APPENDIX 'A'
AUDIOVISUAL SYSTEMS MASTER PRICING
PAGE 1of1
Attachment 1 - City of Ukiah Response to Bid Protest Letter EIDIM Group
Page 121 of 361
ATTACHMENT 2 - City of Ukiah Response to Bid Protest Letter
Page 122 of 361
Page 1 of 2
Agenda Item No: 7.d.
MEETING DATE/TIME: 9/2/2020
ITEM NO: 2020-554
AGENDA SUMMARY REPORT
SUBJECT: Award Contract for the Roof Replacement at the Grace Hudson Museum, Spec. No. 20-10, and
Approve Corresponding Budget Amendment If Necessary.
DEPARTMENT: Finance PREPARED BY: Mary Horger, Financial Services Manager
PRESENTER: Consent Calendar
ATTACHMENTS:
1. ASR - 08052020-Museum Roof
2. Spec 20-10 Museum Roof Replacement - FINAL
3. 7d Correspondence Received - Mary Horger
Summary: Council will consider awarding a contract for the Roof Replacement at the Grace Hudson Museum,
Specification No. 20-10, and approving corresponding budget amendment if necessary.
Background: On August 5, 2020, Council approved the plans and specifications for the Museum Roof
Replacement Project, Specification No. 20-10. Please refer to Attachment 1 for a copy of the staff report that
includes the history of the roof replacement, and Attachment 2 for a copy of the plans and specifications.
Following the approval, the Bid Notice was released on August 6, 2020 to all bidders registered on the City's
Qualified Bidder's List with a C39-Roofing Contractor's license, Builders Exchanges, and other interested local
roofing contractors. The Bid Notice was advertised in the Ukiah Daily Journal, as well as posted on the City
website, along with the plans and specifications. The bid opening is scheduled for 2:00 p.m., Tuesday,
September 1, 2020.
On August 19, 2020 a Non-Mandatory Pre-Bid Meeting was held at the project site, with six (6) companies in
attendance.
Discussion: With a bid opening scheduled for 2:00 p.m., September 1, 2020, staff will be submitting a
supplemental memo to Council with an award recommendation for consideration in time for the September 2,
2020 Council Meeting. The memo will be accompanied by the bid tabulation, and a copy of the lowest,
responsible bidder's bid documents.
The 2020/2021 fiscal year adopted budget for this project is $350,000. The Architect's budgetary estimate for
this work is $390,000, so it is anticipated that a budget amendment may be required. The financing source
for the project will be the Series 2020A Lease Revenue Bonds approved by Council at the August 19, 2020
meeting, and are anticipated to be issued in the next few months. Additionally, the Museum Endowment has
committed $60,000 ($30,000 per year for two years) to assist in the debt service payments.
Recommended Action: Award contract for the Roof Replacement at the Grace Hudson Museum, Spec. No.
20-10, and approve corresponding budget amendment if necessary.
BUDGET AMENDMENT REQUIRED: TBD
CURRENT BUDGET AMOUNT: 10022700.80220.18021: $350,000
Page 123 of 361
Page 2 of 2
PROPOSED BUDGET AMOUNT: TBD
FINANCING SOURCE: Bond Proceeds, Museum Endowment
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: David Burton, Museum Director; Thomas Hise, Architect
Page 124 of 361
Page 1 of 3
Agenda Item No: 7.j.
MEETING DATE/TIME: 8/5/2020
ITEM NO: 2020-492
AGENDA SUMMARY REPORT
SUBJECT: Approval of Plans and Specifications for the Museum Roof Replacement Project, Specification
No. 20-10, and Authorize Staff to Issue the Request for Bid.
DEPARTMENT:Finance PREPARED BY:Mary Horger, Financial Services Manager
PRESENTER: Consent Calendar
ATTACHMENTS:
1.Spec 20-10 Museum Roof Replacement
Summary: Council will consider approving plans and specifications for the Museum Roof Replacement
Project, Specification No. 20-10, and authorize staff to issue the Request for Bid.
Background: Beginning in 2016, it has been acknowledged by both City Staff and City Council that the roof at
the Grace Hudson Museum is failing and in need of replacement. Since that time, two separate bid attempts
were made without receiving bids.
In May of 2016, Specification 16-03 was released without receiving any bids. As per the California Uniform
Cost Accounting Act, when not receiving bids using the formal or informal bidding process, you are allowed to
proceed with negotiated contract, which Staff did at that time. The proposals received came in much higher
than was thought reasonable. Participating contractors had some suggested revisions to the specifications to
save costs. It was decided to revise the specifications and rebid. At the time, patchwork repairs were
adequate to get the Museum safely through the following winter.
In April of 2017, Staff released Specification 17-05. No bids were received. Staff again attempted to proceed
with a negotiated contract, resulting in proposals even higher than before making the project unaffordable.
In the meantime, the roof continues to deteriorate, and patchwork repairs are no longer adequate, as was
experienced this past winter when significant leaking occurred. Additionally, the leaking roof is also affecting
the integrity of the glulam beams that provide the support to the roof. Temporary shoring and repair of the
beams took place earlier this year, but it is imperative that the roof is replaced sooner than later, as it has
been determined a major contributing factor in their continuing deterioration.
Discussion: Architect Thomas Hise was hired as a consultant to the City to inspect and prepare repair
recommendations for the Museum's glulam beams, as their deterioration was becoming a growing safety
concern. Once a temporary solution was identified, it led to revisiting the roof replacement issue.
City Staff requested that Mr. Hise evaluate alternate cost-effective roof replacement solutions, including the
option of utilizing the existing metal roof panels, in addition to evaluating composition shingle versus metal
roofing material. The following is a summary of his findings:
1. Using the existing metal roof panels: Budgetary estimate of $242,000. No warranty available.
2. Composite shingle roof: Budgetary estimate of $203,000. Standard manufacturer's warranty for
ATTACHMENT 1
Page 125 of 361
Page 2 of 3
composition shingles is for material replacement only, no workmanship covered, and materials pro-rated after
ten (10) years. One manufacturer was found to provide a "platinum protection" option including materials and
installation only for fifty (50) years, and coverage reduced as pro-rated after twenty-five (25) years. No
coverage other than their product.
3. Standing seam metal roof: Budgetary estimate of $390,000. A 30-year "No-Dollar-Limit" warranty will
cover all authorized costs of repairs to the roofing system necessary to stop any leaks caused by defective
materials or workmanship.
Final recommendation from Mr. Hise was that, given the priceless contents of the Grace Hudson Museum,
and the warranty available, that the standing seam metal roof would provide the most protection against the
potential ravages of weather and fire. The second option would be the composite roof material.
Staff has carefully reviewed the result of this study, discussed with key stakeholders, including the Museum
Endowment Board, and as a result, agree with Mr. Hise's recommendation of using standing seam metal roof
material for the roof replacement. Considering warranty options, as well as durability, this direction would
present the best value for the City. Furthermore, after consultation with Mr. Hise, it was determined that the
temporary repairs to the glulam beams are holding well and no further work is necessary as long as the
beams are protected by the new roofing.
Consequently, Staff is presenting the plans and specifications for the Museum Roof Replacement Project,
Specification 20-10 (Attachment 1) for your review and approval, that call-out for the standing seam metal
roof. The Architect is still researching the option of insulated roof panels versus insulation installation in the
attic. If the result of that assessment is to use insulated roof panels, the specifications will need to be modified
by addendum after its release, as we don't anticipate the report being completed in time. If the
recommendation is insulation installed in the attic, that work would be performed under a separate contract.
If approved as Staff recommends, the bid documents will be immediately released for bidding, with an
anticipated Council contract award at the beginning of September.
The adopted budget for the 20/21 fiscal year was $350,000 for this project. This included a corresponding
budgeted off-set revenue source representing that the project is to be financed. The financing facility will be
subject to Council approval at a later date with the final amount to correspond with the awarded bid.
Additionally, the Grace Hudson Museum Endowment has committed $60,000 to the project and supports the
immediate replacement.
Recommended Action: Approve the plans and specifications for the Museum Roof Replacement Project,
Specification No. 20-10, and authorize staff to issue the Request for Bid.
BUDGET AMENDMENT REQUIRED: Not at this time.
CURRENT BUDGET AMOUNT: 10022700.80220.18021: $350,000
PROPOSED BUDGET AMOUNT: TBD
FINANCING SOURCE: TBD
PREVIOUS CONTRACT/ORDER NO.: N/A
COORDINATED WITH: Thomas Hise, Architect; David Burton, Museum Director; Maya Simerson, Interim
Community Services Administrator; Sage Sangiacomo, City Manager
Page 126 of 361
Page 3 of 3
Page 127 of 361
CITY OF UKIAH
MENDOCINO COUNTY, CALIFORNIA
SPECIAL PROVISIONS
FOR
ROOF REPLACEMENT AT THE GRACE HUDSON MUSEUM
SPECIFICATION NO. 20-10
NON-MANDATORY PRE-BID MEETING
11:00 a.m., Wednesday, August 19th, 2020
Grace Hudson Museum
431 South Main Street
Ukiah, California 95482
CITY OF UKIAH
DEPARTMENT OF COMMUNITY SERVICES
300 Seminary Avenue
Ukiah, California 95482-5400
Bids Open: Tuesday, September 1, 2020
2:00 p.m.
Office of City Clerk
ATTACHMENT 2
Page 128 of 361
CITY OF UKIAH
MENDOCINO COUNTY, CALIFORNIA
CITY COUNCIL:
DOUGLAS CRANE – MAYOR
JUAN OROZCO – VICE-MAYOR
JIM BROWN – COUNCIL MEMBER
STEVE SCALMANINI – COUNCIL MEMBER
MAUREEN MULHEREN – COUNCIL MEMBER
SAGE SANGIACOMO – CITY MANAGER
TIM ERIKSEN - DIRECTOR OF PUBLIC WORKS / CITY ENGINEER
MARY HORGER – FINANCIAL SERVICES MANAGER
KRISTINE LAWLER – CITY CLERK
R. ALLEN CARTER - CITY TREASURER
CITY OF UKIAH
DEPARTMENT OF COMMUNITY SERVICES
AUGUST 2020
Page 129 of 361
ROOF REPLACEMENT AT THE GRACE HUDSON MUSEUM iii Spec No. 20-10
TABLE OF CONTENTS
PAGE
NOTICE TO BIDDERS
INSTRUCTIONS TO BIDDERS ...................................................................................................................... 1
GENERAL CONDITIONS
SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS .............................................. 3
1-01. Definitions
1-02. Examinations of Plans, Special Provisions and Site of Work
1-03. Proposal
1-04. Withdrawal of Bids
1-05. Public Opening of Bids
1-06. Bid Guaranty
1-07. Qualification of Bidders
1-08. Disqualification of Bidders
1-09. Identification of Subcontractors
1-10. General Provisions of the Standard Specifications
1-11. Addenda
SECTION 2. AWARD AND EXECUTION OF CONTRACT ........................................................................... 5
2-01. Award of Contract
2-02. Return of Proposal Guaranties
2-03. Execution of Contract
SECTION 3. SCOPE AND INTENT OF CONTRACT .................................................................................... 5
3-01. Effect of Inspection and Payments
3-02. Effect of Extension of Time
3-03. Extra Work
3-04. Assignment of Contract
3-05. Subcontractors
3-06. Interpretation of Special Provisions and Drawings
3-07. Addenda
3-08. Liability of City Officials
3-09. Dispute Resolution
SECTION 4. BONDS ..................................................................................................................................... 6
4-01. Faithful Performance Bond
4-02. Material and Labor Bond
4-03. Defective Material and Workmanship Bond
4-04. Notification of Surety Companies
SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS ......................................................... 7
5-01. Minimum Scope of Insurance
5-02. Minimum Limits of Insurance
5-03. Deductibles and Self-Insured Retentions
5-04. Other Insurance Provisions
5-05. Acceptability of Insurers
5-06. Verification of Coverage
Page 130 of 361
ROOF REPLACEMENT AT THE GRACE HUDSON MUSEUM iv Spec No. 20-10
5-07. Subcontractors
SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR ......................................................... 8
6-01. Legal Address of Contractor
6-02. Office of Contractor at Site
6-03. Attention to Work
6-04. Liability of Contractor
6-05. Protection of Persons and Property
6-06. Protection of City Against Patent Claims
6-07. Protection of Contractor's Work Property
6-08. Regulations and Permits
6-09. Construction Utilities
6-10. Approval of Contractor's Plans
6-11. Suggestions to the Contractor
6-12. Termination of Unsatisfactory Subcontracts
6-13. Preservation of Stakes and Marks
6-14. Assistance to Engineer
6-15. Removal of Condemned Materials and Structures
6-16. Proof of Compliance with Contract
6-17. Errors and Omissions
6-18. Cooperation
6-19. Right of Contractor to Stop Work
6-20. Hiring and Dismissal of Employees
6-21. Wage Rates
6-22. Cleaning Up
6-23. Guaranty
SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY ........................................................................ 13
7-01. Authority of the Engineer
7-02. Inspection
7-03. Surveys
7-04. Rights-of-Way
7-05. Retention of Imperfect Work
7-06. Changes in the Work
7-07. Additional Drawings by City
7-08. Additional and Emergency Protection
7-09. Suspension of Work
7-10. Right of City to Terminate Contract
7-11. Use of Completed Portions
SECTION 8. WORKMANSHIP, MATERIALS AND EQUIPMENT .............................................................. 15
8-01. General Quality
8-02. Quality in Absence of Detailed Specifications
8-03. Materials and Equipment Specified by Name
8-04. Source of Materials
8-05. Storage of Materials
8-06. Drawings, Samples and Tests
SECTION 9. PROSECUTION OF WORK ................................................................................................... 16
9-01. Equipment and Methods
9-02. Time of Completion
9-03. Avoidable Delays
9-04. Unavoidable Delays
Page 131 of 361
ROOF REPLACEMENT AT THE GRACE HUDSON MUSEUM v Spec No. 20-10
9-05. Notice of Delays
9-06. Extension of Time
9-07. Unfavorable Weather and Other Conditions
9-08. Saturday, Sunday, Holiday and Night Work
9-09. Hours of Labor
SECTION 10. PAYMENT ............................................................................................................................. 17
10-01. Certification by Engineer
10-02. Progress Estimates and Payment
10-03. Substitution of Securities
10-04. Acceptance
10-05. Final Estimate and Payment
10-06. Delay Payments
10-07. Extra Work and Work Omitted
10-08. Compensation for Extra Work or Work Omitted
10-09. Compensation to the City for Extension of Time
10-10. Liquidated Damages for Delay
SECTION 11. MISCELLANEOUS ............................................................................................................... 20
11-01. Notice
11-02. Computation of Time
11-03 Claims Procedure Required by Public Contract Code Section 9204
11-04. Litigation and Forum Selection
11-05. Waiver
TECHNICAL SPECIFICATIONS
SECTION 12. GENERAL INFORMATION .................................................................................................. 23
12-01. Location and Scope of Work
12-02. Arrangement of Technical Specifications
12-03. Arrangement of Plans
12-04. Business Licenses
12-05. Permits
12-06. Standard Specifications and Standard Plans
12-07. Temporary Facilities
12-08. Public Convenience and Safety
12-09. Maintaining Traffic
12-10. Stream Pollution
12-11. Warranties
12-12. Utilities
12-13. Preconstruction Conference
12-14. Safety Requirements
SECTION 13. CONSTRUCTION DETAILS ................................................................................................. 25
13-01. Technical Specifications and Project Drawings
SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS ................................................................. 26
14-01. Provisions to be Excluded from General Conditions
SECTION 15. AMENDMENTS TO GENERAL CONDITIONS .................................................................... 26
15-01. Provisions of General Conditions to be Amended
Page 132 of 361
ROOF REPLACEMENT AT THE GRACE HUDSON MUSEUM vi Spec No. 20-10
CERTIFICATES AND DOCUMENTS
BID SUBMITTAL CHECKLIST ...................................................................................................................... 27
PROPOSAL ............................................................................................................................................. 28
BIDDING SCHEDULE ................................................................................................................................... 29
FAIR EMPLOYMENT PRACTICES CERTIFICATION .................................................................................. 31
WORKER'S COMPENSATION CERTIFICATE ............................................................................................ 32
CERTIFICATE OF NONDISCRIMINATION IN EMPLOYMENT ................................................................... 33
LIST OF PROPOSED SUBCONTRACTORS ............................................................................................... 34
STATEMENT OF EXPERIENCE OF BIDDER .............................................................................................. 35
SIGNATURE OF BIDDER ............................................................................................................................. 36
BIDDER'S BOND .......................................................................................................................................... 37
NON-COLLUSION AFFIDAVIT ..................................................................................................................... 38
AGREEMENT ............................................................................................................................................. 39
INDEMNIFICATION AGREEMENT ............................................................................................................... 43
EXAMPLE BOND FORMS ............................................................................................................................ 44
DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND ............. 48
DEFECTIVE MATERIAL AND W ORKMANSHIP (MAINTENANCE) BOND ................................................. 49
INSURANCE CERTIFICATES AND ENDORSEMENT FORMS
APPENDICES:
APPENDIX A – TECHNICAL SPECIFICATIONS
APPENDIX B – PROJECT DRAWINGS
Page 133 of 361
CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA
NOTICE TO BIDDERS FOR THE ROOF REPLACEMENT AT THE GRACE HUDSON MUSEUM
SPECIFICATION NO. 20-10
NOTICE IS HEREBY GIVEN that sealed standard proposals for the ROOF REPLACEMENT AT THE GRACE
HUDSON MUSEUM will be received at the Office of the City Clerk, Ukiah Civic Center Annex – located at 411
West Clay Street, Ukiah, California until 2:00 p.m. on Tuesday, September 1, 2020. Bids shall be addressed to
the City Clerk and shall be endorsed ROOF REPLACEMENT AT THE GRACE HUDSON MUSEUM. DUE TO THE
CITY’S CURRENT CLOSURE TO THE PUBLIC BECAUSE OF THE COVID-19 EPIDEMIC, bids that are HAND
DELIVERED must be placed in the Night Drop Box located to the right of the front doors of the Ukiah Civic Center
Annex, at the address listed above. As soon thereafter as possible, the bids will be publicly opened via live
streaming at http://www.cityofukiah.com/meetings/ and read. Bids are required for the entire work described
herein. No fax bids will be accepted.
The work consists of all labor, equipment and materials to replace the existing roof with a standing seam metal roof
at the Grace Hudson Museum, located at 431 South Main Street in Ukiah, California.
A NON -MANDATORY PRE-BID MEETING will be held at 11:00 a.m . on Wednesday, August 19, 2020, meeting
outside the Grace Hudson Museum at 431 South Main Street, Ukiah, California 95482. Social distancing will be
mandatory, and maintained through the course of the meeting.
Plans and Special Provisions may be inspected and/or copies obtained from the City’s website at
www.cityofukiah.com/purchasing. No bid will be considered unless it is made on the forms furnished by the City and
is made in accordance with the details of the Special Provisions. Each bidder must be licensed as required by law.
Further information regarding the work or these specifications can be obtained by calling Mary Horger,
Procurement Manager at (707) 463-6233 or by email at mhorger@cityofukiah.com.
The City Council reserves the right to reject any or all bids and to determine which proposal is, in its opinion, the
lowest responsive bid by a responsible bidder and which it deems in the best interest of the City to accept. The City
Council also reserves the right, but not the obligation, to waive any irregularity or failure to strictly comply with the
bidding requirements, that the City determines in the reasonable exercise of its discretion does not provide the
bidder with a competitive advantage over other bidders.
No contractor or subcontractor may be listed on a bid proposal for a public works unless registered with the
Department of Industrial Relations (“DIR”) pursuant to Labor Code section 1725.5 except as allowed. under Labor
Code section 1771.1(a). The prime contractor shall be responsible for posting job site notices as prescribed by
regulation. This project is subject to compliance monitoring and enforcement by the DIR.
Pursuant to provisions of Section 1770, including amendments thereof, of the Labor Code of the State of California,
the 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 C39 Roofing 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: August 6, 2020 ________________________________________
Kristine Lawler, City Clerk, City of Ukiah, California
PUBLISH ONE TIME: August 13, 2020
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ROOF REPLACEMENT AT THE GRACE HUDSON MUSEUM 1 Spec. No. 20-10
INSTRUCTIONS TO BIDDERS
The ROOF REPLACEMENT AT THE GRACE HUDSON MUSEUM 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 ninety (90) calendar days. The Contractor will pay to the City the sum of five
hundred ($500.00) dollars per day for each and every calendar day's delay beyond the time prescribed.
The staff shall notify a bidder by telephone, email or fax, if it intends to recommend the rejection of the bidder’s
bid. Any bid protest must be filed with the City Clerk not more than five calendar days following the bid opening,
or 2 calendar days following notice that staff is recommending the rejection of a bid. If any such timely written
protest is filed, all bidders shall be provided a copy of the protest within 2 calendar days of its receipt, which
may be delivered to the bidders as an email attachment or by fax. All such bidders may file with the City
Manager a written objection or other response to the protest.
All objections or responses filed not more than 5 days after receipt of the written protest will be presented to the
City Council at its next regular meeting occurring not less than 12 calendar days following the bid opening. The City
Council will resolve the bid protest at that meeting based on the written protest, any staff recommendation and all
timely written objections and responses. In accordance with the Brown Act, any person may address the City
Council on this item during the meeting. The City Council action on the protest shall represent a final decision by
the City on the protest.
Examination of Site, Drawings, Etc.
A non-mandatory pre-bid conference will be held at 11:00 a.m., Wednesday, August 19, 2020 meeting outside
the Grace Hudson Museum, located at 431 South Main Street, 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. Social distancing will be
mandatory, and maintained through the course of the meeting. Failure to attend the mandatory bid conference will
be just cause for the bid to be rejected as non-responsive. Bidders shall thoroughly examine and be familiar with
the Plans and Special Provisions.
Oral statements or instructions made during this visit will not constitute an amendment to this solicitation. The City
will determine the appropriate action necessary, if any, and may issue a written amendment to the bid request.
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
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execution of the work under the Contract. Bidders shall thoroughly examine and be familiar with the Plans and
Special Provisions. The failure of any bidder to receive or examine any form, instrument, addendum, or other
document, or to visit the site and acquaint himself with conditions there existing, shall in no way relieve the bidder
from any obligation with respect to his or her proposal or to the contract. The drawings for the work show conditions
as they are supposed or believed by the Engineer to exist; but, it is neither intended nor shall it be inferred that the
conditions as shown thereon constitute a representation by the Engineer, the City or its officers that such conditions
are actually existent, nor shall the City, the Engineer or any of their officers or representatives be liable for any loss
sustained by the Contractor as a result of a variance between the conditions shown on the drawings and the
conditions actually revealed during the progress of the work or otherwise.
The bidder's attention is directed to the possible existence of obstructions and public improvements within the limits
of the work or adjacent thereto, which may or may not be shown on the Drawings. Any bid shall take into
consideration that conditions may exist underground or otherwise that are not known to the City or easily detected
during a site inspection that could impact the time or cost of completing the project. The City expects the bids to
anticipate such conditions so that it can know for budgeting and other purposes the total cost to complete the
project before accepting a bid and undertaking the legal obligation to construct the project. In awarding the contract
the City relies on the contractor’s representation that its bid anticipates differing site conditions and the additional
time or cost that such conditions may necessitate.
The bidder shall investigate to his or her satisfaction the conditions to be encountered, the character, quality and
quantities of work to be performed and materials to be furnished and the requirements of the Plans, Special
Provisions, Standard Specifications, Standard Plans, and Contract Documents. The submission of a proposal shall
be considered conclusive evidence that the bidder has made such examination and has accepted the project
workplace as a safe workplace to perform the work of the Contract.
Bidder Inquiries and Questions
Inquiries and questions must be submitted in writing via fax or email to the following designated contact person:
Mary Horger, Financial Services Manager
Fax: (707) 313-3621
Email: mhorger@cityofukiah.com
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 the Grace Hudson Museum, 431
South State Street, Ukiah, California.
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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 or Architect duly and officially appointed by the City to observe
the work of construction under this contract, acting personally or through agents or assistants duly
authorized by him, such agents or assistants acting within the scope of the particular duties
entrusted to them.
c. "Inspector" shall mean the engineering or technical inspector or inspectors duly authorized or
appointed by the Engineer, limited to the particular duties entrusted to him or her or them.
d. "Contractor" shall mean the party entering into contract with the City of Ukiah for the performance
of work covered by this contract and his or her authorized agents or legal representatives.
e. "Date of signing of contract" or words equivalent thereto, shall mean the date upon which this
contract, with the signature of the Contractor affixed, together with the prescribed bonds, shall be
or shall have been delivered to the City or its duly authorized representatives.
f. "Day" or "days", unless herein otherwise expressly defined, shall mean a calendar day or days of
twenty-four hours each.
g. "The work" shall mean and include all the work specified, indicated, shown or contemplated in the
contract to construct the improvement, including all alterations, amendments or extensions thereto
made by contract change order or other written orders of the Engineer.
h. "Contract drawings", "drawings", "plans" shall mean and include 1) all drawings or plans which
may have been prepared by or on behalf of the City, as a basis for proposals, when duly signed
and made a part of this contract by incorporation or reference, 2) all drawings submitted in
pursuance of the terms of this contract by the successful bidder with his or her proposal and by the
Contractor to the City if and when approved by the Engineer and 3) all drawings submitted by the
Engineer to the Contractor during the progress of the work as provided for herein.
i. Where "as shown", "as indicated", "as detailed" or words of similar import are used, it shall be
understood that reference to the drawings accompanying these Special Provisions is made unless
stated otherwise.
Where "as directed", "as permitted", "approved" or words of similar import are used, it shall be
understood that the direction, requirements, permission, approval or acceptance of the Engineer is
intended unless stated otherwise.
As used herein, "provide" or "install" shall be understood to mean "provide or install complete in
place", that is, "furnish and install". "Shall" is mandatory; "may" is permissive.
1-02. Examination of Plans, Special Provisions and Site of Work. The bidder shall examine carefully the
Proposal, Plans, Special Provisions, Contract forms and the site of the work contemplated therefor. It will be
assumed that the bidder has investigated to his or her satisfaction the conditions to be encountered and the
character, quality and requirements of all Plans, Special Provisions, Standard Specifications, and Standard Plans
involved.
1-03. Proposal. Bids shall be made on the blank forms prepared by the City. All bids shall give the prices bid, both
in writing and in figures and shall be signed by the bidder or his or her authorized representative, with his or her
address. If the bid is made by an individual or partner, his or her name and the post office address of his or her
business or partnership, along with his or her signature or the signature of one or more partners must be shown; if
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ROOF REPLACEMENT AT THE GRACE HUDSON MUSEUM 4 Spec. No. 20-10
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.
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.
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1-11. Addenda. If it becomes necessary to revise any part of these plans and specifications after they have been
released, the City will issue an addendum containing the revision. All addenda will be posted on the City’s website
at www.cityofukiah.com/purchasing with the rest of the bid documents. Anyone who intends to submit a bid in
response to this Request for Bid must check the website frequently for any posted addenda. Anyone submitting a
bid will be deemed to have seen and agreed to be bound by the posted addenda.
SECTION 2. AWARD AND EXECUTION OF CONTRACT
2-01. Award of Contract. Award of the contract, if it be awarded, will be to the lowest responsible bidder whose
bid complies with all the specified requirements. The award, if made, will be made within thirty (30) days after
opening of the bids. The City reserves the right to reject any and all bids and to waive any irregularity in the
proposal not pertaining to cost.
2-02. Return of Proposal Guaranties. All bid guaranties will be held until the contract has been fully executed,
after which they will be returned upon request to the respective bidders whose bids they accompany.
2-03. Execution of Contract. The contract agreement shall be executed in duplicate by the successful bidder and
returned, together with the contract bonds, insurance certificates and endorsements, within fifteen (15) days after
written notice of the award of the contract. After execution by the City; one copy shall be filed with the City and one
copy shall be returned to the Contractor. If the bidder fails or refuses to enter into the contract agreement within the
required time, then the bid guaranty accompanying the bid shall be forfeited to the City.
SECTION 3. SCOPE AND INTENT OF CONTRACT
3-01. Effect of Inspection and Payments. Neither the inspection by the Engineer or an inspector, nor any order,
measurement or approved modification, nor certificate or payment of money, nor acceptance of any part or whole
of the work, nor any extension of time, nor any possession by the City or its agents, shall operate as a waiver of any
provision of this contract or of any power reserved therein to the City, or of any right to damages thereunder; nor
shall any breach of this contract be held to be a waiver of any subsequent breach. All remedies shall be construed
as cumulative.
3-02. Effect of Extension of Time. The granting of any extension of time on account of delays which, in the
judgement of the City, are avoidable delays shall in no way operate as a waiver on the part of the City of its rights
under this contract.
3-03. Extra Work. If extra work orders are given in accordance with provisions of this contract, such work shall be
considered a part hereof and shall be subject to each and all of its terms and requirements.
3-04. Assignment of Contract. The contract may be assigned or sublet in whole or in part only upon the written
consent of the City acting through its authorized agents. Consent will not be given to any proposed assignment
which would relieve the original contractor or its surety of their responsibilities under the contract nor will the
Engineer consent to any assignment of a part of the work under the contract.
3-05. Subcontractors. The Contractor shall be as fully responsible for the acts and omissions of his or her
subcontractors and of persons either directly or indirectly employed by them, as he or she is for the acts and
omissions of persons directly employed by him.
The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind
subcontractors to the terms of this Contract which are applicable to the work of subcontractors.
Nothing contained in this contract shall be construed to create or shall be relied upon to create any contractual
relationship between any subcontractor and the City and no action may be brought by any subcontractor against the
City based on this contract.
3-06. Interpretation of Special Provisions and Drawings. The Special Provisions and the Contract Drawings
are intended to be explanatory of each other. Any work indicated in the Contract Drawings and not in the Special
Provisions, or vice versa, is to be executed as if indicated in both. In case of a discrepancy or conflict between the
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Technical Specifications and Contract Plans, the Technical Specifications shall govern. All work shown on the
Contract Drawings, the dimensions of which are not figured, shall be accurately followed to the scale to which the
drawings are made, but figured dimensions are in all cases to be followed, where given, though they differ from
scaled measurements. Large scale drawings shall be followed in preference to small scale drawings. Should it
appear that the work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in
these contract documents, including the contract drawings, the Contractor shall apply to the Engineer for such
further explanations as may be necessary and shall conform thereto as part of this contract, so far as may be
consistent with the terms of this contract. In the event of any doubt or questions arising respecting the true meaning
of the Special Provisions, reference shall be made to the Engineer and his or her decision thereon shall be final. If
the Contractor believes that a clarification or interpretation justifies an increase in the contract price or contract
time, the Contractor must comply with the written notice provisions of Sections 9-05 and 10-07 of these Special
Provisions. Contractor’s attention is directed to Section 12-06 of the Technical Specifications regarding the
Standard Specifications and Standard Plans.
3-07. Addenda. If it becomes necessary to revise any part of these plans and specifications after they have been
released, the City will issue an addendum containing the revision. All addenda will be posted on the City’s website
at www.cityofukiah.com/purchasing with the rest of the bid documents. Anyone who intends to submit a bid in
response to this Request for Bid must check the website frequently for any posted addenda. Anyone submitting a
bid will be deemed to have seen and agreed to be bound by the posted addenda.
3-08. Liability of City Officials. No city official, nor the Engineer, nor any authorized assistant of any of them, shall
be personally responsible for any liability arising under this contract.
3-09. Dispute Resolution. Claims of $375,000 or less by the Contractor that arise under this Contract are subject
to the mandatory dispute resolutions provisions in Public Contract Code Sections 20104-20104.6.
SECTION 4. BONDS
4-01. Faithful Performance Bond. As a part of the execution of this contract, the Contractor shall furnish a bond
of a surety company or other securities providing equivalent protection such as cash, letter of credit, or certificates
of deposit, acceptable to the City, conditioned upon the faithful performance of all covenants and stipulations under
this contract. The amount of the bond shall be 100 percent of the total contract price, as this sum is set forth in the
agreement.
4-02. Material and Labor Bond. As a part of the execution of this contract, the Contractor shall furnish a bond of
a surety company or other securities providing equivalent protection such as cash, letter of credit or certificates of
deposit acceptable to the City in a sum not less than 50 percent of the total contract price, as this sum is set forth in
the agreement for the payment in full of all persons, companies or corporations who perform labor upon or furnish
materials to be used in the work under this contract, in accordance with the provisions of Sections 3247 through
3252 inclusive of the Civil Code of the State of California and any acts amendatory thereof.
4-03. Defective Material and Workmanship Bond. As a condition precedent to the completion of this contract,
the Contractor shall furnish a bond of a surety company acceptable to the City in an amount not less than 5 percent
(5%) of the final contract price, to hold good for a period of one (1) year after the completion and acceptance of the
work, to protect the City against the results of defective materials, workmanship and equipment during that time.
This bond shall be delivered to the City before the final payment under this contract will be made.
4-04. Notification of Surety Companies. The surety companies shall familiarize themselves with all of the
conditions and provisions of this contract and they waive the right of special notification of any change or
modification of this contract or of extension of time, or decreased or increased work, or of the cancellation of the
contract, or of any other act or acts by the City or its authorized agents, under the terms of this contract; and failure
to so notify the aforesaid surety companies of changes shall in no way relieve the surety companies of their
obligation under this contract.
SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS
(WITH CONSTRUCTION RISKS)
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Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of the work hereunder
by the Contractor, his or her agents, representatives, employees or subcontractors.
5-01. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial Liability Coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any
auto).
3. Worker's Compensation insurance as required by the State of California and Employer's Liability
Insurance.
4. Course of Construction insurance covering for “all risks” of loss.
5-02. Minimum Limits of Insurance
Contractor shall maintain limits no less than:
1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage
including operations, products and completed operations. If Commercial General
Liability Insurance or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to this project/location or the
general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $2,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury and property damage.
4. Course of Construction: Completed value of the project with no co-insurance penalty provisions.
5-03. Deductibles and Self-insured Retentions. Any deductibles or self-insured retentions must be declared to
and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall
provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
5-04. Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following
provisions:
1. The City, its officers, officials, employees and volunteers are to be covered as Additional Insured with
respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the
contractor; and with respect to liability arising out of work or operations performed by or on behalf of the
Contractor including materials, parts or equipment furnished in connection with such work or operations.
General liability coverage can be provided in the form of an endorsement to the Contractor's insurance, or
as a separate owner's policy.
2. The workers’ compensation policy is to be endorsed with a waiver of subrogation. The insurance
company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers, officials,
employees and volunteers for losses paid under the terms of this policy which arises from the work
performed by the named insured for the City.
3. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as
respects the City, its officers, officials, employees or volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's
insurance and shall not contribute with it.
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4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the City.
5. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in
any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of
Section 2782 of Civil Code.
6. Course of Construction policies shall contain the following provisions:
a.) The City shall be named as loss payee.
b.) The insurer shall waive all rights of subrogation against the City.
5-05. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than the following:
A++ VII A- VIII
A+ VII B++ X
A VII B+ X
5-06. Verification of Coverage. Contractor shall furnish the City with original certificates and amendatory
endorsements effecting coverage required by this clause. The endorsements shall be on forms provided by the City
or on other than the City's forms, provided those endorsements or policies conform to the requirements. All
certificates and endorsements are to be received within 15 days from written notice of contract award, and the work
shall not commence until the certificates and endorsements have been approved by the City. The City reserves the
right to require complete certified copies of all required insurance policies, including endorsements affecting the
coverage required by these Special Provisions at any time.
5-07. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to
all of the requirements stated herein.
SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR
6-01. Legal Address of Contractor. Both the address given in the proposal and the Contractor's office in the
vicinity of the work are hereby designated as places to either of which drawings, samples, notices, letters or other
articles or communications to the Contractor may be mailed or delivered. The delivery at either of these places of
any such thing from the City or its agents to the Contractor shall be deemed sufficient service thereof upon the
Contractor and the date of such service shall be the date of such delivery. The address named in the proposal may
be changed at any time by notice in writing from the Contractor to the City. Nothing herein contained shall be
deemed to preclude or render inoperative the service of any drawing, sample, notice, letter or other article or
communication to or upon the Contractor personally.
6-02. Office of Contractor at Site. During the performance of this contract, the Contractor shall maintain a
suitable office at the site of the work which shall be the headquarters of a representative authorized to receive
drawings and any such thing given to the said representatives or delivered at the Contractor's office at the site of
work in his or her absence shall be deemed to have been given to the Contractor.
6-03. Attention to Work. The Contractor shall give his or her personal attention to and shall supervise the work to
the end that it shall be prosecuted faithfully and when he or she is not personally present on the work, he or she
shall at all reasonable times be represented by a competent superintendent or foreman who shall receive and obey
all instructions or orders given under this contract and who shall have full authority to execute the same and to
supply materials, tools and labor without delay and who shall be the legal representative of the Contractor. The
Contractor shall be liable for the faithful observance of any instructions delivered to him or her or to his or her
authorized representative.
6-04. Liability of Contractor. The Contractor shall do all of the work and furnish all labor, materials, tools and
appliances, except as otherwise herein expressly stipulated, necessary or proper for performing and completing the
work herein required in the manner and within the time herein specified. The mention of any specific duty or liability
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imposed upon the Contractor shall not be construed as a limitation or restriction of any general liability or duty
imposed upon the Contractor by this contract, said reference to any specific duty or liability being made herein
merely for the purpose of explanation.
The right of general supervision by the City shall not make the Contractor an agent of the City and the liability of the
Contractor for all damages to persons or to public or private property, arising from the Contractor's execution of the
work, shall not be lessened because of such general supervision.
Until the completion and final acceptance by the City of all the work under and implied by this contract, the work
shall be under the Contractor's responsible care and charge. The Contractor shall rebuild, repair, restore and make
good all injuries, damages, re-erections and repairs, occasioned or rendered necessary by causes of any nature
whatsoever, excepting only acts of God and none other, to all or any portions of the work, except as otherwise
stipulated.
To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the City and its officers,
directors, agents and employees from and against all claims, damages, losses and expenses including but not
limited to attorneys' fees, costs of suit, expert witness fees and expenses and fees and costs of any necessary
private investigators arising out of or resulting from the performance of the work, provided that any such claim,
damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction
of tangible property, other than the work itself, including the loss of use resulting therefrom and (2) is caused in
whole or in part by any act or omission of the Contractor, any subcontractor, or anyone directly or indirectly
employed by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is
caused in part by a party indemnified hereunder, or by the negligence or omission of a party indemnified herein.
In any and all claims against the City or any of its agents or employees by any employee of the Contractor, any
subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be
liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of
damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or
workmen's compensation acts, disability benefit acts, or other employee benefit acts. The obligation to indemnify
shall extend to and include acts of the indemnified party which may be negligent or omissions which may cause
negligence.
The City shall have the right to estimate the amount of such damage and to cause the City to pay the same and the
amount so paid for such damage shall be deducted from the money due the Contractor under this contract; or the
whole or so much of the money due or to become due the Contractor under this contract as may be considered
necessary by the City, shall be retained by the City until such suits or claims for damages shall have been settled or
otherwise disposed of and satisfactory evidence to that effect furnished to the City.
6-05. Protection of Persons and Property. The Contractor shall furnish such watchman, guards, fences,
warning signs, walks and lights as shall be necessary and shall take all other necessary precautions to prevent
damage or injury to persons or property.
All property line fences and improvements in the vicinity of the work shall be protected by the Contractor and, if they
are injured or destroyed, they and any other property injured by the Contractor, his or her employees or agents,
shall be restored to a condition as good as when he or she entered upon the work.
6-06. Protection of City Against Patent Claims. All fees, royalties or claims for any patented invention, article or
method that may be used upon or in any manner connected with the work under this contract shall be included in
the price bid for the work and the Contractor and his or her sureties shall protect and hold the City, together with all
of its officers, agents, servants and employees, harmless against any and all demands made for such fees or
claims brought or made on account of this contract. The Contractor shall, if requested by the Engineer, furnish
acceptable proof of a proper release from all such fees or classes.
Should the Contractor, his or her agents, servants or employees, or any of them be enjoined from furnishing or
using any invention, article, material or appliance supplied or required to be supplied or used under this contract,
the Contractor shall promptly substitute other articles, materials or appliance, in lieu thereof, of equal efficiency,
quality, finish, suitability and market value and satisfactory in all respects to the Engineer. Or, in the event that the
Engineer elects, in lieu of such substitution, to have supplied and to retain and use, any such invention, article,
material or appliance, as may by this contract be required to be supplied, in that event the Contractor shall pay such
royalties and secure such valid licenses as may be requisite and necessary for the City, its officers, agents,
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servants and employees, or any of them, to use such invention, article, material or appliance without being
disturbed or in any way interfered with by any proceeding in law or equity on account thereof. Should the Contractor
neglect or refuse to make the substitution promptly, or to pay such royalties and secure such licenses as may be
necessary, then in that event the Engineer shall have the right to make such substitution, or the City may pay such
royalties and secure such licenses and charge the cost thereof against any money due to the Contractor from the
City or recover the amount thereof from him or her and his or her sureties notwithstanding final payment under this
contract may have been made.
6-07. Protection of Contractor's Work Property. The Contractor shall protect his or her work, supplies and
materials from damage due to the nature of the work, the action of the elements, trespassers, or any cause
whatsoever under his or her control, until the completion and acceptance of the work. Neither the City nor any of its
agents assumes any responsibility for collecting indemnity from any person or persons causing damage to the work
of the Contractor.
6-08. Regulations and Permits. The Contractor shall secure and pay for all permits, give all notices and comply
with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the
Contractor observes that the Plans and Special Provisions are at variance therewith, he or she shall promptly notify
the Engineer in writing and any necessary changes shall be adjusted as provided in the contract for changes in the
work. The contractor and any subcontractors shall each secure and maintain a valid City of Ukiah Business
License. The City of Ukiah will issue a no fee encroachment permit to the Contractor allowing him or her to perform
work within City right of way or within City property after the Contract Documents have been executed and
insurance certificates and endorsements have been approved by the City.
6-09. Construction Utilities. The Contractor shall be responsible for providing for and in behalf of his or her work
under this contract, all necessary utilities, such as special connection to water supply, telephones, power lines,
fences, roads, watchmen, suitable storage places, etc.
6-10. Approval of Contractor's Plans. The approval by the Engineer of any drawing or any method of work
proposed by the Contractor in accordance with paragraph 8-06 shall not relieve the Contractor of any of his or her
responsibility for his or her errors therein and shall not be regarded as any assumption of risk or liability by the City
or any officer or employee thereof and the Contractor shall have no claim under this contract on account of the
failure or partial failure or inefficiency of any plan or method so approved. Such approval shall be considered to
mean merely that the Engineer has no objection to the Contractor's using, upon his or her own full responsibility the
plan or method approved.
6-11. Suggestions to the Contractor. Any plan or method of work suggested by the Engineer to the Contractor,
but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk
and responsibility of the Contractor; and the Engineer and the City shall assume no responsibility thereof.
6-12. Termination of Unsatisfactory Subcontracts. Should any subcontractor fail to perform in a satisfactory
manner the work undertaken by him, such subcontract shall be terminated immediately by the Contractor upon
notice from the Engineer.
6-13. Preservation of Stakes and Marks. The Contractor shall preserve carefully bench marks, reference points
and stakes and in case of destruction he or she shall replace his or her stakes, reference points and bench marks
and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance.
Contractor’s attention is directed to Section 7-03 of these Special Provisions.
6-14. Assistance to Engineer. At the request of the Engineer the Contractor shall provide men from his or her
force and tools, stakes and other materials to assist the Engineer temporarily in making measurements and
surveys and in establishing temporary or permanent reference marks. Payment for such materials and assistance
will be made as provided for under the caption "Extra Work," provided, however, that the cost of setting stakes and
marks carelessly lost or destroyed by the Contractor's employees will be assessed to the Contractor.
6-15. Removal of Condemned Materials and Structures. The Contractor shall remove from the site of the work,
without delay, all rejected and condemned materials or structures of any kind brought to or incorporated in the work
and upon his or her failure to do so, or to make satisfactory progress in so doing, within forty-eight (48) hours after
the service of a written notice from the Engineer, the condemned material or work may be removed by 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
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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
Contractor that any person on the work is, in his or her opinion, incompetent, unfaithful, intemperate or disorderly,
or refuses to carry out the provisions of this contract, or uses threatening or abusive language to any person on the
work representing the City, or is otherwise unsatisfactory, such person shall be discharged immediately from the
work and shall not be re-employed upon it except with the consent of the Engineer.
6-21. Wage Rates.
1. Contractor shall pay all mechanics and laborers employed or working upon the site of the work
unconditionally and without subsequent deductions or rebate on any account the full amounts due at the
time of payment at wage rates not less than those contained in the applicable prevailing wage
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
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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 m ust furnish
electronic certified payroll records directly to the DLSE.
6. Travel and Subsistence Payments.
Contractor shall make travel and subsistence payments to each workman needed to execute the
work in accordance with the requirements in Section 1773.8 of the Labor Code (Chapter 880,
Statutes of 1968).
7. Apprentices.
Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1968) and
1777.6 of the California Labor Code concerning the employment of apprentices by the Contractor
or any subcontractor under him. Contractor and any subcontractor under him or her shall comply
with the requirements of said sections in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules and other requirements may be
obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship,
San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
6-22. Cleaning Up. The Contractor shall not allow the site of the work to become littered with trash and waste
material, but shall maintain the same in a neat and orderly condition throughout the construction period. The
Engineer shall have the right to determine what is or is not waste material or rubbish and the place and manner of
disposal.
On or before the completion of the work, the Contractor shall without charge therefore carefully clean out all pits,
pipes, chambers or conduits and shall tear down and remove all temporary structures built by him or her and shall
remove rubbish of all kind from any of the grounds which he or she has occupied and leave them in first class
condition.
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
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repairs, provided, however, that in case of an emergency where, in the opinion of the City delay would cause
serious loss or damage, repairs may be made without notice being sent to the Contractor and the Contractor shall
pay the costs thereof.
Pursuant to the provisions of Section 4-03 of these Special Provisions, the Contractor shall furnish a Defective
Material and Workmanship Bond in an amount not less than 5 percent of the final contract price, which shall be
effective for a period of one (1) year after the completion and acceptance of the work.
SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY
7-01. Authority of the Engineer. All work done under this contract shall be done in a workmanlike manner and
shall be performed to the reasonable satisfaction of the Engineer, who shall have general observation of all work
included hereunder. To prevent disputes and litigation, the Engineer (1) shall in all cases determine the amount,
quality, acceptability and fitness of the several kinds of work and materials which are to be paid for under this
contract, (2) shall decide all questions relative to the true construction, meaning and intent of the Special Provisions
and Drawings, (3) shall decide all questions which may arise relative to the classifications and measurements of
quantities and materials and the fulfillment of this contract and (4) shall have the power to reject or condemn all
work or material which does not conform to the terms of this contract. his or her estimate and decision in all matters
shall be a condition precedent to an appeal for arbitration, or the right of the Contractor to receive, demand, or
claim any money or other compensation under this agreement and a condition precedent to any liability on the part
of the City to the Contractor on account of this contract. Whenever the Engineer shall be unable to act, in
consequence of absence or other cause, then such engineer as the Engineer or the City shall designate, shall
perform any and all of the duties and be vested with any or all of the powers herein given to the Engineer.
7-02. Inspection. The City will provide engineering personnel for the inspection of the work.
The Engineer and his or her representatives shall at all times have access to the work whenever it is in preparation
or progress and the Contractor shall provide proper facilities for such access and inspection.
If the Special Provisions, the Engineer's instruction, laws, ordinances, or any public authority require any work to be
specially tested or approved, the Contractor shall give the Engineer timely notice of its readiness for inspection and,
if the inspection is by an authority other than the Engineer, of the date fixed for such inspection. Inspections by the
Engineer shall be promptly made at the source of supply where practicable. If any work shall be covered up without
approval or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination and
properly restored at the Contractor's expense.
Re-examination of any work may be ordered by the Engineer and, if so ordered, the work must be uncovered by the
Contractor. If such work is found to be in accordance with the contract documents, the City shall pay the cost of re-
examination and replacement. If such work is not in accordance with the contract documents, the Contractor shall
pay such cost.
Properly authorized and accredited inspectors shall be considered to be the representatives of the City limited to
the duties and powers entrusted to them. It will be their duty to inspect materials and workmanship of those portions
of the work to which they are assigned, either individually or collectively, under instructions of the Engineer and to
report any and all deviations from the Drawings, Special Provisions and other contract provisions which may come
to their notice. Any inspector may be considered to have the right to order the work entrusted to his or her
supervision stopped, if in his or her opinion such action becomes necessary, until the Engineer is notified and has
determined and ordered that the work may proceed in due fulfillment of all contract requirements.
7-03. Surveys. Contractor shall furnish all land surveys, establish all base lines and bench marks and make
sufficient detailed surveys needed for working points, lines and elevations. The Contractor shall develop all slope
stakes and batter boards. Contractor shall also develop all additional working points, lines and elevations as he or
she may desire to facilitate his or her methods and sequence of construction.
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
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have the right and authority to retain such work instead of requiring the imperfect work to be removed and
reconstructed, but he or she shall make such deductions therefor in the payments due or to become due the
Contractor as may be just and reasonable.
7-06. Changes in the Work. The Engineer shall have the right, in writing, to order additions to, omissions from, or
corrections, alterations and modifications in the line, grade, form, dimensions, plan, or kind or amount of work or
materials herein contemplated, or any part thereof, either before or after the beginning of construction. However,
the arithmetical sum of the cost to the City of additions and subtractions from the work under this contract shall not
exceed 10 percent of original contract amount or $5,000, whichever is the greater, unless based upon a
supplementary agreement to be made therefore.
The order of such additions, omissions, corrections, alterations and modifications shall be in writing and signed by
the Engineer and, in order, shall then be binding upon the Contractor. The Contractor shall proceed with the work
as changed and the value of such change shall be determined as provided for in section 10-07 of these Special
Provisions.
Such alterations shall in no way affect, vitiate, or make void this contract or any part thereof, except that which is
necessarily affected by such alterations and is clearly the evident intention of the parties to this contract.
7-07. Additional Drawings by City. The drawings made a part of this contract at the time of its execution are
intended to be fairly comprehensive and to indicate in more or less detail the scope of the work. In addition to these
drawings, however, the Engineer shall furnish such additional drawings from time to time during the progress of the
work as are necessary to make clear or to define in greater detail the intent of the Special Provisions and the
contract drawings and the Contractor shall make his or her work conform to all such drawings.
7-08. Additional and Emergency Protection. Whenever, in the opinion of the Engineer, the Contractor has not
taken sufficient precautions for the safety of the public or the protection of the works to be constructed under this
contract, or of adjacent structures or property which may be injured by the processes of construction on account of
such neglect and whenever, in the opinion of the Engineer, an emergency shall arise and immediate action shall be
considered necessary in order to protect public or private, personal or property interest, then and in that event, the
Engineer, with or without notice to the Contractor may provide suitable protection to the said interests by causing
such work to be done and such material to be furnished as shall provide such protection as the Engineer may
consider necessary and adequate.
The cost and expense of such work and material so furnished shall be borne by the Contractor and, if the same
shall not be paid on presentation of the bills therefor, then such costs shall be deducted from any amounts due or to
become due the Contractor.
The performance of such emergency work under the direction of the Engineer shall in no way relieve the Contractor
from any damages which may occur during or after such precaution has been taken by the Engineer.
7-09. Suspension of Work. The City may at any time suspend the work or any part thereof by giving five (5) days
written notice to the Contractor. The work shall be resumed by the Contractor within ten (10) days after the date
fixed in the written notice from the City to the Contractor so to do. The City shall reimburse the Contractor for
expense incurred by the Contractor in connection with the work under this contract as a result of such suspension.
If the work, or any part thereof, shall be stopped by the notice in writing aforesaid and if the City does not give
notice in writing to the Contractor to resume work at a date within ten (10) days of the date fixed in the written notice
to suspend, then the Contractor may abandon that portion of the work so suspended and he or she will be entitled
to the estimates and payments for all work done on the portions so abandoned, if any, plus 5 percent of the value of
the work so abandoned, to compensate for loss of overhead, plant expense and anticipated profit.
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,
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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.
7-11. Use of Completed Portions. The City shall have the right to take possession of and use any completed or
partially completed portions of the work, notwithstanding the time for completing the entire work or such portions
which may not have expired; but such taking possession and using shall not be deemed an acceptance of any work
not completed in accordance with the contract documents. If such prior use increases the cost of or delays the
work, the Contractor shall be entitled to such extra compensation, or extension of time or both, as the Engineer
may determine.
SECTION 8. WORKMANSHIP, MATERIALS and EQUIPMENT
8-01. General Quality. Materials and equipment shall be new and of a quality equal to that specified or approved.
Work shall be done and completed in a thorough and workmanlike manner.
8-02. Quality in Absence of Detailed Specifications. Whenever under this contract it is provided that the
Contractor shall furnish materials or manufactured articles or shall do work for which no detailed specifications are
set forth, the materials or manufactured articles shall be of the best grade in quality and workmanship obtainable in
the market from firms of established good reputation, or, if not ordinarily carried in stock, shall conform to the usual
standards for first-class materials or articles of the kind required, with due consideration of the use to which they
are to be put. In general, the work performed shall be in full conformity and harmony with the intent to secure the
best standard of construction and equipment of the work as a whole or in part.
8-03. Materials and Equipment Specified by Name. Whenever any material or equipment is indicated or
specified by patent or proprietary name or by the name of the manufacturer, such specification shall be considered
as used for the purpose of describing the material or equipment desired and shall be considered as followed by the
words "or approved equal". The Contractor may offer any material or equipment which shall be equal in every
respect to that specified, provided that written approval first is obtained from the Engineer.
8-04. Source of Materials. Price, fitness and quality being equal, preference shall be given by the Contractor for
supplies grown, manufactured or produced in the State of California and, next, for such products partially produced
in this State in accordance with Government Code Section 4332.
8-05. Storage of Materials. Materials shall be so stored to ensure the preservation of their quality and fitness for
the work. They shall be so located and disposed that prompt and proper inspection thereof may be made.
8-06. Drawings, Samples and Tests. As soon as possible after execution of the contract, the Contractor shall
submit to the Engineer, in quintuplicate, sufficient information including, if necessary, assembly and detail drawings
to demonstrate fully that the equipment and materials to be furnished comply with the provisions and intent of these
Special Provisions and Drawings. If the information thus submitted indicates the equipment or materials is
acceptable, the Engineer will return one copy stamped with his or her approval; otherwise, one copy will be returned
with an explanation of why the equipment or material is unsatisfactory. The Contractor shall have no claims for
damages or for extension of time on account of any delay due to the revision of drawings or rejection of material.
Fabrication or other work performed in advance of approval shall be done entirely at the Contractor's risk. After
approval of equipment or material, the Contractor shall not deviate in any way from the design and specifications
given without the written consent of the Engineer.
When requested by the Engineer, a sample or test specimens of the materials to be used or offered for use in
connection with the work shall be prepared at the expense of the Contractor and furnished by him or her in such
quantities and sizes as may be required for proper examination and tests, with all freight charges prepaid and with
information as to their sources.
All samples shall be submitted before shipment and in ample time to permit the making of proper tests, analyses,
or examination before the time at which it is desired to incorporate the material into the work. All tests of materials
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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
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
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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.
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.
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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.
(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
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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.
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.
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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.
W hen 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 agreement
in price, the Contractor shall be compensated for performing extra work pursuant to the provisions of Section 4-
1.03 D, "Extra Work", and Section 9-1.03,"Force Account Payment" of the Standard Specifications.
This method of determining the price of work shall not apply to the performance of any work which is required or
reasonably implied to be performed or furnished under this contract.
10-09. Compensation to the City for Extension of Time. In case the work called for under this contract is not
completed within the time limit stipulated herein, the City shall have the right as provided hereinabove, to extend the
time of completion thereof. If the time limit be so extended, the City shall have the right to charge to the Contractor
and to deduct from the final payment for the work the actual cost to the City of engineering, inspection,
superintendence and other overhead expenses which are directly chargeable to the contract and which accrue
during the period of such extension, except that the cost of final unavoidable delays shall not be included in such
charges.
10-10. Liquidated Damages for Delay. It is agreed by the parties to the contract that time is of the essence and
that, in case all the work is not completed before or upon the expiration of the time limit as set forth, damage, other
than those cost items identified in section 10-09, will be sustained by the City and that it is and will be impracticable
to determine the actual amount of damage by reason of such delay; and it is therefore agreed that the Contractor
will pay to the City the sum of five hundred dollars ($500.00) per day for each and every calendar day's delay
beyond the time prescribed.
SECTION 11. MISCELLANEOUS
11-01. Notice. Whenever any provision of the contract documents requires the giving of written notice, it shall be
deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer
of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid,
to the last business address known to the giver of the notice. If mailed, the notice shall be deemed received on the
date of delivery stated in the return receipt.
11-02. Computation of Time. When any period of time is referred to in the Contract Documents by days, it shall
be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be
omitted from the computation.
11-03. Claims Procedure Required by Public Contract Code Section 9204. This section shall apply to any claim
by the Contractor arising in connection with this project in accordance with Public Contract Code Section 9204.
a, For purposes of this section "Claim" means a separate demand by the Contractor sent by registered mail or
certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed
by the City under this contract.
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(B) Payment by the City of money or damages arising from work done by, or on behalf of, the Contractor
pursuant to this contract and payment for which is not otherwise expressly provided or to which the Contractor is
not otherwise entitled.
(C) Payment of an amount that is disputed by the City.
b.
(1)
(A) Upon receipt of a claim pursuant to this section, the City shall conduct a reasonable review of
the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying
what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and the
contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The Contractor shall furnish reasonable documentation to support the claim.
(C) If the City needs approval from its governing body to provide the Contractor a written
statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not
meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by
registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly
publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant
a written statement identifying the disputed portion and the undisputed portion.
(D) Any payment due on an undisputed portion of the claim shall be processed and made within
60 days after the City issues its written statement. If the City fails to issue a written statement, paragraph (3) shall
apply.
(2)
(A) If the Contractor disputes the City's written response, or if the City fails to respond to a claim
issued pursuant to this section within the time prescribed, the Contractor may demand in writing an informal
conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by
registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference
within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the
claim or any portion of the claim remains in dispute, the City shall provide the claimant a written statement
identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on
an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its
written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to
nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and
Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has
been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those
mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each
party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral
mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable
procedures outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including, but not
limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the
parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall
conform to the timeframes in this section.
(D) Unless otherwise agreed to in writing by th e City and the Contractor, the mediation conducted
pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate
after litigation has been commenced.
(3) Failure by the City to respond to a claim from the Contractor within the time periods described in this
subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed
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rejected in its entirety. A claim that is denied by reason of the public entity's failure to have responded to a claim, or
its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard
to the merits of the claim or the responsibility or qualifications of the Contractor.
(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per
annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public
entity because privity of contract does not exist, the Contractor may present to the public entity a claim on behalf of
a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf
or on behalf of a lower tier subcontractor, that the Contractor present a claim for work which was performed by the
subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the
claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days
of receipt of this written request, the Contractor shall notify the subcontractor in writing as to whether the Contractor
presented the claim to the public entity and, if the original contractor did not present the claim, provide the
subcontractor with a statement of the reasons for not having done so.
c. A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1)
upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the
commencement of a civil action or binding arbitration, as applicable; and (2) the City may prescribe reasonable
change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this
section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and
procedures set forth in this section.
11-04. Litigation and Forum Selection. Contractor and City stipulate and agree that any litigation relating to the
enforcement or interpretation of this contract, arising out of Contractor's performance or relating in any way to the
work shall be brought in Mendocino County and that venue will lie in Mendocino County.
Except as otherwise expressly provided by law, the parties waive any objections they might otherwise have to the
propriety of jurisdiction or venue in the state courts in Mendocino County and agree that California law shall govern
any such litigation.
The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder
to the parties hereto and, in particular but without limitation, the warranties, guaranties and obligations imposed
upon the Contractor and all of the rights and remedies available to the City thereunder, shall be in addition to and
shall not be construed in any way as a limitation of, any rights and remedies available to any or all of them which
are otherwise imposed or available by law or contract, by special warranty or guaranty, or by other provisions of the
contract documents and the provisions of this paragraph shall be as effective as if repeated specifically in the
contract documents in connection with each particular duty, obligation, right and remedy to which they apply. All
warranties and guaranties made in the contract document shall survive final payment and termination or completion
of this contract. The City disclaims an express or implied warranty that the plans and specifications identify all site
conditions that could affect the time or cost to complete the Work.
11-05. Waiver. The Contractor shall strictly comply with all notices and other contract requirements. Waiver by the
City of any failure of the Contractor to comply with any term of the contract, including the notice provisions, shall not
be deemed a waiver of a subsequent breach.
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TECHNICAL SPECIFICATIONS
SECTION 12. GENERAL INFORMATION
12-01. Location and Scope of Work. All of the work to be performed is within the City of Ukiah and consists of of
all labor, equipment and materials to replacing the existing roof with a standing seam metal roof at the Grace
Hudson Museum, located at 431 South Main Street in Ukiah, California.
The Contractor should familiarize himself with the local conditions of the project sites. Failure to do so will in no
way relieve him of the responsibility for performing any of the work or operations required as a part of this contract.
Further information regarding the work or these specifications can be obtained from Mary Horger at (707) 463-
6233.
12-02. Arrangement of Technical Specifications. The Technical Specifications are arranged in sections
covering the various phases of work as follows:
Section No. Title
12 General Information
13 Construction Details
14 Exclusions from General Conditions
15 Amendments to General Conditions
12-03. Arrangement of Plans. General locations and linear quantities of the work are shown in Appendix "A". A
map will be provided to the successful bidder showing the exact locations of the work to be done.
12-04. Business Licenses. The Contractor and any subcontractors shall each secure and maintain a valid City of
Ukiah Business License prior to the start of any portion of the work.
12-05. Permits. The Contractor shall provide, procure, and pay for all permits required to complete this work.
12-06. Standard Specifications and Standard Plans. The Standard Specifications and Standard Plans of the
California State Department of Transportation, 2015, are hereby made a part of these Special Provisions and are
hereinafter referred to as "California Standard Specifications" and "California Standard Plans."
Whenever in the California Standard Specifications and the California Standard Plans the following terms are used,
they shall be understood to mean and refer to the following:
Department of Transportation - The City Council.
Director of Public Works - The City of Ukiah Director of Public Works.
Engineer - The Engineer designated by the City Council, acting either directly or through properly authorized
agents, such agents acting within the scope of the particular duties entrusted to them.
Laboratory - The designated laboratory authorized by the City of Ukiah to test materials and work involved in the
contract.
State - The City of Ukiah
Other terms appearing in the California Standard Specifications and the California Standard Plans shall have the
intent and meaning specified in Section I, Definition of Terms of the California Standard Specifications.
In case of discrepancy between the contract documents, the order of precedence from the highest to lowest is as
follows:
1. (City) Special Provisions
2. (City) Project Plans
3. City Standard Plans and Details
4. California Standard Plans
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5. California Standard Specifications
12-07. Temporary Facilities. All temporary facilities are the responsibility of the Contractor. The removal of said
facilities shall be the responsibility of the Contractor. The Contractor shall be responsible for any and all damages to
existing facilities which are a result of the work.
12-08. Public Convenience and Safety. The Contractor shall conduct operations so as to cause the least
possible obstruction and inconvenience to public traffic. The Contractor shall, at his or her expense, furnish such
flag persons and furnish, erect, construct and maintain such fences, barriers, lights, signs, detours, pedestrian
walkways, driveway ramps and bridging as may be necessary to give adequate warning to the public that work is in
progress and that dangerous conditions exist, to provide access to abutting properties and to permit the flow of
pedestrian and vehicular traffic to safely and expeditiously pass the work.
12-09. Maintaining Traffic. Attention is directed to Section 7-1.08, "Public Convenience," 7-1.09, "Public Safety,"
7-1.092, "Lane Closure," and 7-1.095, "Flagging Costs," of the California Standard Specifications.
Streets shall be open to through vehicular traffic during non-working hours. All public traffic shall be permitted to
pass through the work with as little inconvenience and delay as possible.
Full costs for "Maintaining Traffic", including "Flagging Costs", shall be considered as included in the various items
of work and no additional compensation will be made.
12.10. Stream Pollution. The Contractor shall exercise every reasonable precaution to prevent muddying or
silting of live streams, and the Contractor's attention is called to the fact that the terms of this contract do not relieve
him or her of responsibility for compliance with Sections 5650 and 12015 of the Fish and Game Code or other
applicable statutes relating to pollution prevention or abatement.
12-11. Warranties. Unless otherwise indicated, the Contractor shall warrant all materials provided and work
performed under this contract for a period of one year from the date of final acceptance. He shall replace promptly
and at his own expense any materials and/or workmanship which fail during this warranty period.
12-12. Utilities. No water, sewer or electrical services will be provided by the owner. It is the Contractor's sole
responsibility to arrange such services as necessary.
12-13. Preconstruction Conference. A preconstruction conference will be held before any work will be allowed to
commence. This meeting will cover inspection, schedule for work, and among other items, the responsibilities and
procedures of each of the interested parties to assure that the project will be completed in accordance with the
contract documents.
12-14. Safety Requirements. The Contractor shall comply with all pertinent provisions of the Department of Labor
"Safety and Health Regulations for Construction (29 FCS Part 1518, 36 CFR 7340)", with additions or modifications
thereto, in effect during construction of this project.
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SECTION 13 - CONSTRUCTION DETAILS
13-01. Technical Specifications and Project Drawings. Please refer to Appendix A and B.
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SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS
14-01. Provisions to be Excluded from General Conditions. The following designated provisions of the
General Conditions are hereby determined to be inapplicable to the proposed work and, therefore, are hereby
excluded from the terms of the Notice to Bidders, Proposal, Agreement and other contract documents as though
entirely omitted from said General Conditions:
(1) Section 6-02. Office at the Site
(2) Section 7-03. Surveys
No other exclusions.
SECTION 15. AMENDMENTS TO GENERAL CONDITIONS
15-01. Sections of General Conditions to be Amended.
The following designated sections of the Special Provisions are hereby amended to read as follows:
No amendments.
Page 160 of 361
ROOF REPLACEMENT AT THE GRACE HUDSON MUSEUM 27 Spec. No. 20-10
BID SUBMITTAL CHECKLIST
The following is a checklist to assist you in your submission of your bid documents. Please make sure you
include the following when submitting your bid documents to reduce the risk of having your bid rejected:
Did you include?...
o Proposal (Page 28)
Unit prices filled out clearly.
Extended prices filled out clearly and calculated correctly
Total bid amount filled out clearly and calculated correctly
Sign the proposal, and provide complete information
CLSB No. and expiration date
Department of Industrial Relations Public Works Contractor Registration Number
o Fair Employment Practices Certification (Page 31)
Filled out completely per instruction
o Worker’s Compensation Certificate (Page 32)
Filled out completely per instruction
o Certification of Non-Discrimination in Employment (Page 33)
Filled out completely per instruction
o List of Proposed Subcontractors (Page 34)
Filled out completely per instruction
o Statement of Experience (Page 35)
o Signature of Bidder (Page 36)
Filled out completely per instruction
Authorized signature provided
o Bidder’s Bond (Page 37)
Filled out completely per instruction
o Non-Collusion Affidavit (Page 38)
Filled out completely per instruction
Notarized
o Addenda Issued
Check the City website for any addenda issued: www.cityofukiah.com/purchasing.
o Additional Documentation to be Submitted with Bid:
Standing Seam Metal Roof Manufacturer Material Cut Sheets for roofing material being
proposed.
Standing Seam Metal Roof Manufacturer Warranty
Manufacturer’s Statement regarding Roofer Certification
Page 161 of 361
ROOF REPLACEMENT AT THE GRACE HUDSON MUSEUM 28 Spec. No. 20-10
CITY OF UKIAH
MENDOCINO COUNTY, CALIFORNIA
PROPOSAL
FOR
ROOF REPLACEMENT AT THE GRACE HUDSON MUSEUM
Specification No. 20-10
The undersigned, as bidder,
declares that he or she has examined thoroughly all of the contract documents herein contained, that this proposal
is made without collusion with any other person, firm or corporation and that all laws and ordinances relating to the
interest of public officers in this contract have been complied with in every respect.
AND he or she proposes and agrees, if this proposal is accepted,
1) that he or she will contract with the City of Ukiah, Mendocino County, California, in the form of the
copy of the agreement herein contained
a) to provide all necessary machinery, tools, apparatus and other means of construction;
b) to furnish all materials;
c) to provide all superintendence, overhead expenses and all labor and expenses of whatever
nature necessary to complete the job in conformity with the specifications and drawings and
other contract provisions herein or reasonably implied hereby or as necessary to complete the
work in the manner and within the time named herein and according to the requirements and to
the reasonable satisfaction of the City Engineer;
d) to pay all charges of freight transportation and hauling;
2) that he or she indemnifies the City against any loss or damage arising from any act of the
undersigned as Contractor; and
3) that he or she will accept as full payment therefor the following sums:
Page 162 of 361
ROOF REPLACEMENT AT THE GRACE HUDSON MUSEUM 29 Spec. No. 20-10
BIDDING SCHEDULE
In the case of any discrepancy between the unit price and the total set forth for the item, the unit price shall prevail;
provided, however, that if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any
reason, or is omitted, or in the case of lump sum items, is not the same amount as the entry in the “Total” column,
then the amount set forth in the “Total” column for the item shall prevail in accordance with the following:
1. As to lump sum items, the amount set forth in the “Total” column shall be the unit price;
2. As to unit basis items, the amount set forth in the “Total” column shall be divided by the estimated quantity
for the item and the price thus obtained shall be the unit price.
The Total Base Bid shall be the sum of the items in the “Total” column. In case of discrepancy between the sum of
the items in the “Total” column and the amount entered as Total Base Bid, the sum of the “Total” column items
shall prevail. The bid comparison will be based on the sum of the items in the “total” column for each bidder.
The Unit prices for the various Construction Items below include all costs associated with the General Conditions,
Special Provisions, Requirements of the Construction Contract, and represent the total, complete, in-place cost for
each specific Construction Item in accordance with the Construction Documents, including all elements, work
components, accessories, and connections, shown in applicable details or required to yield a complete, sound and
functional component or system appropriate for its intended function, whether or not such is specifically described
or listed in any description of measurement or payment. The total amount of the Construction items below shall
represent the total and complete cost of the fully functional Project. All work not specifically listed below be
required to complete the work of the various construction items and the cost of such shall be considered as
included throughout the various unit prices indicated.
Lowest bid will be based on the lowest Base Bid.
Page 163 of 361
ROOF REPLACEMENT AT THE GRACE HUDSON MUSEUM 30 Spec. No. 20-10
NAME OF BIDDER:
SPEC #: 20-10
PROJECT NAME: ROOF REPLACEMENT AT THE GRACE HUDSON MUSEUM
BASE BID
ITEM
#
DESCRIPTION UNIT OF
MEASURE
QUANTITY UNIT PRICE TOTAL
1
All material, equipment, labor and incidentals of any kind
to replace the roof at the Grace Hudson Museum as per
these specifications.
LS
1 $__________ $__________________
TOTAL BID ==>> $__________________
We, the undersigned, acknowledge that the City Council has reserved the right to reject any or all bids and to
determine which proposal is, in its opinion, the lowest responsive bid from a responsible bidder and that which it
deems in the best interest of the City to accept. We, the undersigned, further agree, if this proposal shall be
accepted, to sign the agreement and to furnish the required bonds with satisfactory surety, or sureties, within fifteen
(15) calendar days after written notice that the contract is ready for signature; and, if the undersigned shall fail to
contract, as aforesaid, it shall be understood that he or she has abandoned the contract and that, therefore, this
proposal shall be null and void and the proposal guaranty accompanying this proposal, or the amount of said
guaranty, shall be forfeited to and become the property of the City. Otherwise, the proposal guaranty accompanying
this proposal shall be returned to the undersigned.
Witness our hands this day of ___________________, 20____.
Licensed in accordance with an act providing for the registration of California Contractors License No.
___________, expiration date _____________.
THE CONTRACTOR'S LICENSE NUMBER AND EXPIRATION DATE STATED HEREIN ARE MADE UNDER
PENALTY OF PERJURY.
Department of Industrial Relations Public Works Contractor Registration Number:_____________________
Signature of bidder or bidders, with business name, address, and phone number:
By: _____________________________________________________________
Print Name: _______________________________________________________
Company Name: _______________________________ Address: __________________________________
City: _________________ Zip: _________________Phone #:
Notice: In the case of a corporation, give below the addresses of the principal office thereof and names and
addresses of the President, Secretary, Treasurer.
Corporations:
Address of principal office:
Name and address of President:
Name and address of Secretary:
Name and address of Treasurer:
Page 164 of 361
ROOF REPLACEMENT AT THE GRACE HUDSON MUSEUM 31 Spec. No. 20-10
FAIR EMPLOYMENT PRACTICES CERTIFICATION
TO:_____________________________________________________________
________________________________________________________________
The undersigned, in submitting a bid for performing the following work by Contract, hereby certifies that he or she
has or will meet the standards of affirmative compliance with the Fair Employment Practices requirements of the
Special Provisions contained herein.
ROOF REPLACEMENT AT THE GRACE HUDSON MUSEUM
By ________________________________________________________________
(Signature of Bidder)
Business Name: _________________________________________________
Business Mailing Address:
_______________________________________
Business Location:
_________________________________________________
_________________________________________________
(The bidder shall execute the certification of this page prior to submitting his or her proposal.)
Page 165 of 361
ROOF REPLACEMENT AT THE GRACE HUDSON MUSEUM 32 Spec. No. 20-10
WORKER'S COMPENSATION CERTIFICATE
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against
liability for Worker's Compensation or undertake self-insurance in accordance with the provisions of that code and I
will comply with such provisions before commencing the performance of the work of this contract.
Witness my hand this________ day of _______________, 200____
By ________________________________________________________________
(Signature of Bidder)
Business Name: _________________________________________________
Business Mailing Address:
_______________________________________
Page 166 of 361
ROOF REPLACEMENT AT THE GRACE HUDSON MUSEUM 33 Spec. No. 20-10
CERTIFICATION OF NONDISCRIMINATION IN EMPLOYMENT
The bidder represents that he or she has/has not, participated in a previous contract or subcontract subject to either
the equal opportunity clause herein or the clause contained in Section 301 of Executive Order 10925; that he or she
has/has not, filed all required compliance reports; and that representations indicating submission of required
compliance prior to subcontract awards.
Witness my hand this________ day of _______________, 20____
By ________________________________________________________________
(Signature of Bidder)
Business Name: _________________________________________________
Business Mailing Address:
_______________________________________
(This certification shall be executed by the bidder in accordance with Section 60-1.6 of the Regulations of the
President's Committee on Equal Employment Opportunity for implementing Executive Orders 10925 and 11114.)
Page 167 of 361
ROOF REPLACEMENT AT THE GRACE HUDSON MUSEUM 34 Spec. No. 20-10
LIST OF PROPOSED SUBCONTRACTORS
In compliance with the provisions of Sections 4100-4108 of the California Public Contract Code and any
amendments thereof, each bidder shall set forth (a) the name and location of the place of business of each
subcontractor who will perform work or labor or render service in or about the construction site or a subcontractor
licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a
portion of the work or improvement according to detailed drawings contained in the plans and specifications in an
amount in excess of one-half of 1 percent of the total bid and (b) the California Contractor License Number for each
subcontractor, and (c) the portion of the work to be done by each subcontractor.(See General Conditions Section 1-
09.) Include with the name of each sub-contractor their Department of Industrial Relations Public Works Contractor
Registration Number.
SUBCONTRACTOR
NAME
SUBCONTRACTOR
LICENSE NUMBER
SUBCONTRACTOR
DIR
REGISTRATION
NUMBER
SUBCONTRACTOR
BUSINESS
ADDRESS
DESCRIPTION
OF WORK
Page 168 of 361
ROOF REPLACEMENT AT THE GRACE HUDSON MUSEUM 35 Spec. No. 20-10
STATEMENT OF EXPERIENCE OF BIDDER
The bidder is required to state below what work of similar magnitude or character he or she has done and to give
references that will enable the City Council to judge of his or her experience, skill and business standing and his or
her ability to conduct work as completely and rapidly as required under the terms of the contract. Please refer to
“Bid Submittal Checklist” for additional submittals needed to accompany bid documents.
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
Page 169 of 361
ROOF REPLACEMENT AT THE GRACE HUDSON MUSEUM 36 Spec. No. 20-10
SIGNATURE(S) OF BIDDER
Accompanying this proposal is ___________________________________
(insert the words "cash ($)", "cashier's check" or "bidder's bond", as the case may be) in an amount equal to at
least 10 percent of the bid.
The names of all persons interested in the foregoing proposal as principals are as follows:
IMPORTANT NOTICE: If bidder or other interested person is a corporation, provide the legal name of corporation
and also the names of the president, secretary, treasurer and manager thereof. If a co-partnership, provide the true
name of firm and also the names of all individual co-partners composing the firm. If bidder or other interested
person is an individual, provide the first and last names in full.
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
Licensed in accordance with an act providing for the registration of Contractors:
License No. ______________________________, License Expiration Date .
Signature(s) of Bidder: ______________________________________________
______________________________________________
______________________________________________
NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with
the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a
co-partnership, the true name of the firm shall be set forth above together with the signature of the partner
or partners authorized to sign contracts in behalf of the co-partnership; and if bidder is an individual, his or
her signature shall be placed above. If a member of a partnership, a Power of Attorney must be on file with
the Department prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as
irregular and unauthorized.
Business address: ___________________________________________________
___________________________________________________
Place of residence: ___________________________________________________
___________________________________________________
Dated: __________________
Page 170 of 361
ROOF REPLACEMENT AT THE GRACE HUDSON MUSEUM 37 Spec. No. 20-10
CITY OF UKIAH
Mendocino County, California
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, ______________________________________________________________
________________________________________________________________, as PRINCIPAL and
________________________________________________________________
________________________________________________________________, as SURETY,
are held and firmly bound unto the City of Ukiah in the penal sum of 10 PERCENT OF THE TOTAL AMOUNT OF
THE BID of the Principal above named, submitted by said Principal to the City of Ukiah, as the case may be, for the
work described below, for the payment of which sum in lawful money of the United States, well and truly to be
made, to the City Clerk to which said bid was submitted, we bind ourselves, our heirs, executors, administrators
and successors jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder
exceed the sum of $____________________
THE CONDITION OF THIS OBLIGATION IS SUCH,
That whereas the Principal has submitted the above mentioned bid to the City of Ukiah, as aforesaid, for certain
construction specifically described as follows, for which bids are to be opened at the Office of the City Clerk, Ukiah
Civic Center, Ukiah, California, on September 1, 2020 for ROOF REPLACEMENT AT THE GRACE HUDSON
MUSEUM.
NOW, THEREFORE, If the aforesaid Principal is awarded the contract and, within the time and manner required
under the specifications, after the prescribed forms are presented to him or her for signatures, enters into a written
contract, in the prescribed form, in accordance with the bid and files two bonds with the City of Ukiah, one to
guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law,
then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this ______ day of ________________,
A.D. 20_____.
__________________________________________________(Seal)
__________________________________________________(Seal)
__________________________________________________(Seal)
Principal
__________________________________________________(Seal)
__________________________________________________(Seal)
__________________________________________________(Seal)
Surety
Address: __________________________________________________________
__________________________________________________________
__________________________________________________________
Page 171 of 361
ROOF REPLACEMENT AT THE GRACE HUDSON MUSEUM 38 Spec. No. 20-10
NON-COLLUSION AFFIDAVIT
Note: Bidder shall execute the affidavit on this page prior to submitting his or her bid.
To City Council, City of Ukiah:
The undersigned in submitting a bid for performing ROOF REPLACEMENT AT THE GRACE HUDSON MUSEUM
by contract, being duly sworn, deposes and says:
that he or she has not, either directly or indirectly, entered into any agreement, participated in any collusion,
or otherwise taken any action in restraint of free competitive bidding in connection with such contract.
__________________________________________________
__________________________________________________
__________________________________________________
Signature(s) of Bidder
Business Address:__________________________________________________
__________________________________________________
__________________________________________________
Place of Residence:__________________________________________________
__________________________________________________
__________________________________________________
NOTARIZATION
Subscribed and sworn to before me this ______ day of _________, 20____.
__________________________________________________
Notary Public in and for the County of______________________________, State of California.
My Commission Expires ________________________, 20 ____.
Page 172 of 361
ROOF REPLACEMENT AT THE GRACE HUDSON MUSEUM 39 Spec. No. 20-10
CITY OF UKIAH
Mendocino County, California
AGREEMENT
FOR
ROOF REPLACEMENT AT THE GRACE HUDSON MUSEUM
Specification No. 20-10
THIS AGREEMENT, made this ______ day of ___________________, 20____, by and between the City of Ukiah,
Mendocino County, California, hereinafter called the City and _______________________ hereinafter called the
Contractor,
WITNESSETH:
WHEREAS, the City has caused to be prepared in accordance with law, specifications, drawings and other contract
documents for the work herein described and shown and has approved and adopted these contract documents,
specifications and drawings and has caused to be published in the manner and for the time required by law a notice
to bidders inviting sealed proposals for doing the work in accordance with the terms of this contract and
WHEREAS, the Contractor, in response to the notice to bidders, has submitted to the City a sealed proposal
accompanied by a proposal guaranty in an amount of not less than 10 percent of the bid price for the construction
of the proposed work in accordance with the terms of this contract and
WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the
proposals submitted and as a result has determined and declared the Contractor to be the lowest and best regular
responsible bidder for the work and for the sums named in the proposal,
NOW, THEREFORE, THIS AGREEMENT WITNESSETH:
Article 1. Work to be Done and Contract Days Allowed.
That the Contractor shall provide all necessary machinery, tools, apparatus and other means of construction; shall
furnish all materials, superintendence, overhead, expenses, all labor and expenses of whatever nature necessary
for completion of the work in conformity with the Special Provisions and other contract documents hereto attached
and according to such instructions as may be given by the Engineer. The Contractor shall complete the work within
ninety (90) calendar days. Contract days shall be counted starting with the 10th day following receipt of notice that
the contract has been executed by the City. Contractor, at his or her option, may begin work prior to start of
counting contract days, however, in no event shall the Contractor start work without giving notification to the
Engineer at least 72 hours prior to the start of work, without obtaining an encroachment permit from the City, or
without having submitted certificates of insurance that have been accepted and approved by the Engineer
Page 173 of 361
ROOF REPLACEMENT AT THE GRACE HUDSON MUSEUM 40 Spec. No. 20-10
Article II. Contract Prices.
That the City shall pay the Contractor the prices stated in the proposal submitted by the Contractor, for complete
performance of the contract by the Contractor. The Contractor hereby agrees to accept the prices as full
compensation for all material and appliances necessary to the work, for all labor and use of tools and other
implements necessary to execute the work contemplated in this contract; for all loss or damage arising out of the
nature of the work or from the action of the elements, or from any unforeseen obstructions or difficulties which may
be encountered in the prosecution of the work; for all risks of every description connected therewith; for all
expenses of the work, as herein specified; for all liability and other insurance, for all overhead and other expenses
incident to the work; all according to the Contract Drawings, the Special Provisions, the Details, the instructions and
the requirements of the City.
Article III. Labor Discrimination.
Attention is directed to Section 1735 of the Labor Code, which reads as follows:
"No discrimination shall be made in the employment of persons upon public works because of the race,
color, national origin or ancestry, or religion of such persons and every contractor for public works violating
this section is subject to all the penalties imposed for a violation of this chapter."
In connection with the performance of work under this contract, the Contractor agrees as follows:
(a) The Contractor will not willfully discriminate against any employee or an applicant for employment
because of race, color, religion, ancestry, or national origin. The Contractor will take affirmative action
to ensure that applicants are employed and that employees are treated during employment without
regard to their race, color, religion, ancestry, or national origin. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the awarding authority setting
forth the provisions of this Fair Employment Practice section.
(b) The Contractor will send to each labor union or representative of workers with which he or she has a
collective bargaining agreement or other contract or understanding, a notice, to be provided by the
awarding authority, advising the said labor union or worker's representative of the Contractor's
commitments under this section, to employees and applicants for employment.
(c) The Contractor will permit access to his or her records of employment, employment advertisements,
application forms and other pertinent data and records by the Fair Employment Practices
Commission, City of Ukiah or any other appropriate agency of the State of California designated by
the awarding authority, for the purposes of investigation to ascertain compliance with the Fair
Employment Practices section of this contract.
(d) A finding of willful violation of the Fair Employment Practices section of this Contract or of the Fair
Employment Practices Act shall be regarded by the awarding authority as a basis for determining the
Contractor to be not a "responsible bidder" as to future contracts for which such Contractor may
submit bids, for revoking the Contractor's pre-qualification rating, if any and for refusing to establish,
reestablish or renew a pre-qualification rating for the Contractor.
The City of Ukiah shall deem a finding of willful receipt of written notice from the Fair Employment
Practices Act to have occurred upon that it has investigated and determined that the Contractor has
violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426
or obtained an injunction under Labor Code Section 1429.
Page 174 of 361
ROOF REPLACEMENT AT THE GRACE HUDSON MUSEUM 41 Spec. No. 20-10
Upon receipt of such written notice from the Fair Employment Practices Commission, the City shall
notify the Contractor that unless he or she demonstrates to the satisfaction of the awarding authority
within a stated period that the violation has been corrected, his or her pre-qualification rating will be
revoked at the expiration of such period.
(e) The Contractor agrees that should the City determine that the Contractor has not complied with the
Fair Employment Practices section of this Contract, then pursuant to Labor Code Section 1735 and
1775 the Contractor shall, as a penalty to the City, forfeit for each calendar day or portion thereof, for
each person who was denied employment as a result of such non-compliance, the penalties provided
in the Labor Code for violation of prevailing wage rates. Such monies may be recovered from the
Contractor. The City may deduct any such damages from any monies due the Contractor.
(f) Nothing contained in this Fair Employment Practices section shall be construed in any manner of
fashion so as to prevent the City or the State of California from pursuing any other remedies that may
be available at law.
(g) Prior to awarding the Contract, the Contractor shall certify to the awarding authority that he or she has
or will meet the following standards for affirmative compliance, which shall be evaluated in each case
by the awarding authority:
(1) The Contractor shall provide evidence, as required by the City that he or she has notified all
supervisors, foremen and other personnel officers in writing of the content of the anti-discrimination
clause and their responsibilities under it.
(2) The Contractor shall provide evidence, as required by the City, that he or she has notified all
sources of employees’ referrals (including unions, employment agencies, advertisements,
Department of Employment) of the content of the anti-discrimination clause.
(3) The Contractor shall file a basic compliance report, as required by the City. Willfully false
statements made in such reports shall be punishable as provided by law. The compliance report shall
also spell out the sources of the work force and who has the responsibility for determining whom to
hire, or whether or not to hire.
(4) Personally, or through his or her representatives, the Contractor shall, through negotiations with
the unions with whom he or she has agreements, attempt to develop an agreement which will:
a. Spell out responsibilities for nondiscrimination in hiring, referral, upgrading and training.
b. Otherwise implement an affirmative anti-discrimination program in terms of the unions'
specific areas of skill and geography to the end that qualified minority workers will be available
and given and equal opportunity for employment.
(5) The Contractor shall notify the City of opposition to the anti-discrimination clause by individuals,
firms or organizations during the period of its pre-qualification.
(h) The Contractor will include the provisions of the foregoing paragraphs 1 through 5 in every first tier
subcontract so that such provisions will be binding upon each such subcontractor.
(i) The "Fair Employment Practices Certification" must be completed and signed prior to the time of
submitting the bid.
Page 175 of 361
ROOF REPLACEMENT AT THE GRACE HUDSON MUSEUM 42 Spec. No. 20-10
Article IV. Parts of the Contract.
That the complete contract consists of the following documents, all of which shall be considered a part of this
agreement.
1. Notice to Bidders
2. Wage Rates
3. General Conditions
4. Technical Specifications
5. Proposal
6. Fair Employment Practices Certification
7. Agreement
8. Contract Bonds
9. Contract Drawings and Construction Details
10. Standard Drawings
11. Indemnification Agreement
IN WITNESS WHEREOF, this contract being executed in duplicate and the parties having caused their names to
be signed by authority of their duly authorized office this _____ day of _____________, 20____.
CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA
By: ______________________________________________________________
CITY MANAGER, CITY OF UKIAH
Attest: ______________________________________________________________
CITY CLERK, CITY OF UKIAH
By: ______________________________________________________________
CONTRACTOR
Attest: ______________________________________________________________
Title: ______________________________________________________________
The foregoing contract is approved as to form and legality this ______ day of ______________, 20 ____.
__________________________________________________
CITY ATTORNEY, CITY OF UKIAH
Page 176 of 361
ROOF REPLACEMENT AT THE GRACE HUDSON MUSEUM 43 Spec. No. 20-10
INDEMNIFICATION AGREEMENT
This Indemnification Agreement is made and entered in Ukiah, California, on _________________, 20____, by
and between the City of Ukiah (Ukiah) and ______________________________________ (Contractor).
Contractor is
_________________________________________________________________________________
___________________________________________ for Ukiah.
As a condition of issuing the work order, attached hereto, Ukiah requires assurance that Contractor will protect
Ukiah from damage or damage claims which arise from its performance of the work.
Accordingly, Contractor agrees as follows:
1. Indemnification. Contractor shall indemnify and hold harmless Ukiah and its officers, agents, and employees
from and against any claim, loss, or damage, including the legal and other costs of defending against any claim of
damage or loss which arises out of the Contractor’s negligent or wrongful performance under the work order
attached hereto, except for claims, losses, or damages resulting from the sole and exclusive negligence or other
wrongful conduct of Ukiah or its officers, agents and employees.
CONTRACTOR
BY: _______________________________________________
TITLE: _______________________________________________
Page 177 of 361
ROOF REPLACEMENT AT THE GRACE HUDSON MUSEUM 44 Spec. No. 20-10
CITY OF UKIAH
Mendocino County, California
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS,
That we the undersigned, ______________________________________________________________
__________________________________________________________________________________,
AS PRINCIPAL, and
__________________________________________________________________________________,
AS SURETY,
are held firmly bound unto THE CITY OF UKIAH, hereinafter called the “City”, in the penal sum of
dollars ($____________________)
for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and
severally.
WHEREAS, the Principal has entered into a certain Contract with the City, dated __________, 20_____,
a copy of which is hereto attached and made a part hereof,
NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the
Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may
be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all
claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all
expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the
Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the
prosecution of the work under the Contract, in default of which such persons shall have a direct right of action
hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the
performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the
Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the
performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. No
modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City shall in any
way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification,
extension, or forbearance is hereby waived.
IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seals
hereto, this ________ day of _______________,20_______.
In the presence of:
WITNESS:
_________________________________
________________________________(SEAL)
(Individual Principal)
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
Page 178 of 361
ROOF REPLACEMENT AT THE GRACE HUDSON MUSEUM 45 Spec. No. 20-10
WITNESS:
____________________________________
______________________________(SEAL)
(Corporate Principal)
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
ATTEST:
________________________________
(Corporate Principal) Affix
Corporate
Seal
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
ATTEST:
____________________________ ________________________________ Affix
(Corporate Surety) Corporate
Seal
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
The rate of premium on this bond is $___________________________ per thousand.
The total amount of premium charges is $____________________________..
(The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be
attached).
(CERTIFICATE AS TO CORPORATE PRINCIPAL)
I,_________________________________________, certify that I am the ______________________________
Secretary of the corporation named as Principal in the foregoing bond; that
_______________________________________, who signed the said bond on behalf of the Principal, was then
____________________________________________ of said corporation; that I know his signature, and that his
signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said
corporation by authority of its governing body.
____________________________________________ Affix Corporate Seal
Page 179 of 361
ROOF REPLACEMENT AT THE GRACE HUDSON MUSEUM 46 Spec. No. 20-10
CITY OF UKIAH
Mendocino County, California
MATERIAL AND LABOR BOND
KNOW ALL MEN BY THESE PRESENTS,
That we the undersigned, ______________________________________________________
__________________________________________________________________________, AS PRINCIPAL, and
__________________________________________________________________________
__________________________________________________________________________, AS SURETY,
are held firmly bound unto THE CITY OF UKIAH, hereinafter called the “City” in the penal sum of
dollars ($____________________)
for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and
severally.
WHEREAS, the Principal has entered into a certain Contract with the City, dated _________________, 20_____,
a copy of which is hereto attached and made a part hereof,
NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the
Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may
be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all
claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all
expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the
Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the
prosecution of the work under the Contract, in default of which such persons shall have a direct right of action
hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the
performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the
Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the
performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. No
modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City shall in any
way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such m odification,
extension, or forbearance is hereby waived.
IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seals
hereto, this ________ day of _______________,20_______.
In the presence of:
WITNESS:
____________________________________
________________________________(SEAL)
(Individual Principal)
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
Page 180 of 361
ROOF REPLACEMENT AT THE GRACE HUDSON MUSEUM 47 Spec. No. 20-10
WITNESS:
____________________________________
______________________________(SEAL)
(Corporate Principal)
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
ATTEST:
________________________________
(Corporate Principal) Affix
Corporate
Seal
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
ATTEST:
____________________________ ________________________________ Affix
(Corporate Surety) Corporate
Seal
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
The rate of premium on this bond is $___________________________ per thousand.
The total amount of premium charges is $____________________________..
(The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be
attached).
(CERTIFICATE AS TO CORPORATE PRINCIPAL)
I,_________________________________________, certify that I am the ______________________________
Secretary of the corporation named as Principal in the foregoing bond; that
_______________________________________, who signed the said bond on behalf of the Principal, was then
____________________________________________ of said corporation; that I know his signature, and that his
signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said
corporation by authority of its governing body.
____________________________________________ Affix Corporate Seal
Page 181 of 361
ROOF REPLACEMENT AT THE GRACE HUDSON MUSEUM 48 Spec. No. 20-10
DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND
1. Individual sureties, partnerships, or corporations not in the surety business will not be acceptable.
2. The name of the Principal shall be shown exactly as it appears in the Contract.
3. The penal sum shall not be less than required by the Specifications.
4. If the Principals are partners or joint venturers, each member shall execute the bond as an individual and
state his place of residence.
5. If the Principal is a corporation, the bond shall be executed under its corporate seal.
If the corporation has no corporate seal, it shall so state and affix a scroll or adhesive seal following the
corporate name.
6. The official character and authority of the person(s) executing the bond for the Principal, if a corporation,
shall be certified by the Secretary or Assistant Secretary thereof under the corporate seal, or copies
attached to such records of the corporation as will evidence the official character and authority of the officer
signing, duly certified by the Secretary or Assistant Secretary, under the corporate seal, to be true copies.
7. The current power-of-attorney of the person signing for the surety company must be attached to the bond.
8. The date of the bond must not be prior to the date of the Contract.
9. The following information must be placed on the bond by the surety company:
a. The rate of premium in dollars per thousand; and
b. The total dollar amount of premium charged.
10. The signature of a witness shall appear in the appropriate place attending to the signature of each party of
the bond.
11. Type or print the name underneath each signature appearing on the bond.
12. An executed copy of the bond must be attached to each copy of the Contract (original counterpart)
intended for signing.
Page 182 of 361
ROOF REPLACEMENT AT THE GRACE HUDSON MUSEUM 49 Spec. No. 20-10
CITY OF UKIAH
Mendocino County, California
DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, _____________________________________________________________________
__________________________________________________________________, as PRINCIPAL
and__________________________________________________________________________
___________________________________________________________________, as SURETY,
are held and firmly bound unto the City of Ukiah as Obligee, in the penal sum of
___________________________________________________________________________________
_________________________________________________________($____________________),
(5 PERCENT OF THE FINAL CONTRACT AMOUNT)
to which payment well and truly to be made, we do bind ourselves, our and each of our heirs, executors,
administrators successors and assigns jointly and severally, firmly by these presents.
WHEREAS, the said Principal entered into a Contract with the City of Ukiah
dated_________________________
for _________________________________________________________________________________
____________________________________________________________________________________
WHEREAS, said Contract has been completed, and was approved on the ______ day of ___________,
_________,
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall guarantee that
the work will be free of any defective materials or workmanship which become apparent during the period of one (1)
year following completion of the Contract, then this obligation shall be void, otherwise to remain in full force and
effect, provided however, any additional warranty or guarantee whether expressed or implied is extended by the
Principal or Manufacturer only, and the surety assumes no liability for such a guarantee.
Signed, sealed, and dated this __________ day of ____________, 20_____.
__________________________________________________(Seal)
BY:_______________________________________________(Seal)
__________________________________________________(Seal)
Principal
__________________________________________________(Seal)
BY:_______________________________________________(Seal)
__________________________________________________(Seal)
Surety
Page 183 of 361
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Page 184 of 361
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Page 187 of 361
S P E C I F I C A T I O N S
CITY OF UKIAH
GRACE HUDSON MUSEUM
July 27,2020
APPENDIX A
Page 188 of 361
Specification Index
Grace Hudson Museum Re-Roof Project
431 South main Street, Ukiah
Page i - i
TABLE OF CONTENTS
Page 189 of 361
Selective Demolition
Grace Hudson Museum Re-Roof Project
431 South Main Street, Ukiah
Page 190 of 361
Selective Demolition
Grace Hudson Museum Re-Roof Project
431 South Main Street, Ukiah
Page 191 of 361
Selective Demolition
Grace Hudson Museum Re-Roof Project
431 South Main Street, Ukiah
Page 192 of 361
Miscellaneous Carpentry
Grace Hudson Museum Re-Roof Project
431 South Main Street, Ukiah
Page 06100 - 1
Page 193 of 361
Miscellaneous Carpentry
Grace Hudson Museum Re-Roof Project
431 South Main Street, Ukiah
Page 06100 - 2
Page 194 of 361
Metal Roofing Panels
Grace Hudson Museum Re-Roof Project
431 South Main Street, Ukiah
Page 07410 - 1
Page 195 of 361
Metal Roofing Panels
Grace Hudson Museum Re-Roof Project
431 South Main Street, Ukiah
Page 07410 - 2
Page 196 of 361
Metal Roofing Panels
Grace Hudson Museum Re-Roof Project
431 South Main Street, Ukiah
Page 07410 - 3
Page 197 of 361
Sheet Metal & Flashing
Grace Hudson Museum Re-Roof Project
431 South Main Street, Ukiah
Page 07620 - 1
Page 198 of 361
Sheet Metal & Flashing
Grace Hudson Museum Re-Roof Project
431 South Main Street, Ukiah
Page 07620 - 2
Page 199 of 361
Roofing-Built-Up
Grace Hudson Museum Re-Roof Project
431 South Main Street, Ukiah
Page 07510 - 1
Page 200 of 361
Roofing-Built-Up
Grace Hudson Museum Re-Roof Project
431 South Main Street, Ukiah
Page 07510 - 2
Page 201 of 361
NO. C-014042
8/22/2021
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DRAWING SYMBOLS5 SHEET INDEX1
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DESCRIPTION OF WORK
8 VICINITY MAP 4 SCHEMATIC SITE PLAN
Scale: 1" = 50'-0"
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WALL WITH WINDOW
WALL WITH DOOR
FACE-OF-STUD TO FACE-OF-STUD
FACE-OF-STUD TO CENTER LINE OF STUD
FACE-OF-STUD TO FACE OF FINISH
PARTIAL HEIGHT WALL
NEW WALL
MASONRY / CONC WALL
DEMO EXIST'G WALL
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#
#
HIDDEN LINE (BELOW OR ABOVE)
GRID LINE
DETAIL CUT w/ DRW'G & PAGE
SECTION ELEVAT'N w/ DRW'G & PAGE
SECTION CUT w/ DRW'G & PAGE
ELEVATION VIEW w/ DRW'G & PAGE
DATUM LINE / POINT
ACCESSIBLE or EXIT'G PATH
EXIST'G WALL
CONTACT
Project Name Grace Hudson Museum / Re-Roof
Project Address 431 South Main Street
Ukiah, CA 95482
APN 002–281–26 & 27
Zoning PF-Public Facility
Permitting Agency City of Ukiah / Building & Code Enforcement Services
300 Seminary Avenue Ukiah, CA 95482
Phone: (707) 463–6206
CODE ANALYSIS
Building Code Edition CBC 2019
Construction Type Type V-B Sprinklers (Built as V-N w/ Sprinklers)
Roof Rating Class "A"
Energy Compliance Nonresidential Compliance Manual 2019
Building Envelope – Addt'ns & Altert'ns
Page 3–76C Roofs
(100%) Replacement & o/ (2,000) sqft
R14 for Climate Zone 2
"E" Roof Data
Exposed Deck Area
(4" ave) below metal R-0.9
Vapor Barr R-0.2
(1/2") Plywd R-0.6
(3/4") Air Space R-0.8
(2") R-10
(3") Wood-Lock Deck R-3.5
R-15.2
Roof w/ Attic Fiberglass Batt R-30
UTILITY & SUPPORT
Fire District Ukiah Valley Fire Protection District (707) 462–2918
School District Ukiah Unified School District (707) 472–5000
Utilities City of Ukiah Utilities Department
BUILDING DATA
"E" Building Area
First Floor (~11,137) sqft
Re-Roof Area (~14,144) sqft (Contractor to Verify)
DEFERRED SUBMITTALS
Deferred Submittal 1. Insulation Upgrade by Apperson Energy
2. Wind Calculation for Fasteners by D. Jankovski PE
3. Metal Roofing Shop Drawings by Contractor
COST DATA
Architect's Estimate $390,000
PLUMBING FIXTURE DATE
EXIST'G REMOVED NEW ADDED
Water Delivery Fixture (0) (0)
ATTACHMENTS
(n/a)
DRAWING SHEETS
A1.1 PROJECT DATA
A1.2 PROJECT PHOTOS
A1 ROOF PLAN, BLDG SECTIONS, & DETAILSs
The "Work" of this Project is summarized as follows:
The Museum has a "Cor-Ten" Burmuda style metal roof system that is now (35) years old, and has
started to leak. The decision has been made to remove that roof, and replace it with a traditional
standing seam metal roof, which includes a proven compliment of reliable and time-tested
attachment and trim components.
The Museum's was built on the grounds of Grace Hudson's residence, and houses a priceless and
irreplaceable collection of her art and artifacts of the Pomo people who made this land their home.
The City of Ukiah is expecting the highest level of craftsmanship and expertise, and who can bring
both to bear on this project. Also, if possible, to execute the work early this Fall.
1. Remove the existing roofing, palatize and secure the Cor-Ten panel components and make ready
for the re-use by others. The actual short term storage will be the Museum parking area, and will
be coordinated between the Contractro and the Architect in consultation with the Museum staff.
The Museum is currently not open to the public, and staff are working from home.
2. Recon and repair any fungus rot or water damaged to the building as needed. This work will be
on a time and materials basis, and is further described in the Bidding Docs. Also, the Contractor
will make all other repairs and additions to accomodate the new roofing system, including fascia
and related building trim and flashings.
3. Prep the roof deck and install the weather barrier.
4. The Contractor will also coordinate with other Owner contracted trades, including insulation, and
and attic ventilation.
5. The Contractor will need to supply support items to accomodate workmen, such as restrooms,
as maintaining the Museum security is of upmost concern.
6. The Contractor is contractually bound to make available all workman and materials, and proceed
to completion except during rain days.
7. The Bid Docs will specify the schedule for pre-construction meetins, responding to Contractor's
questions, Bids due date, insurance requirements, selection criteria for evaluating Bids and
Contractor's, and other Bidding and Contractual requirements.
7
APPENDIX B
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ENTRY BEAM & FASCIA DETAIL5
EAVE SOFFIT DETAILS8
6
WEST GABLE FASCIA DETAIL7
NO. C-014042
8/22/2021
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N
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NOTE: USE THIS DETAIL FOR ALL BEAM ENDS, AND ADJUST SIZE
ACCORDINGLY. SUBMIT SHOP DRAWINGS TO ARCHITECT
FOR REVIEW AND APPROVAL PRIOR TO FABRICAT'N &
INSTALLAT'N.
4
A1
TYPICAL ALL
ROOF PLAN1
Scale: 1/8" = 1'-0"
GABLE END FASCIA REPLACEM'T3
Scale: 1/4" = 1'-0"
SCHEMATIC VAULTED BLDG SECTION2A
Scale: 1/8" = 1'-0"
SCHEMATIC VAULTED BLDG SECTION2B
Scale: 1/8" = 1'-0"
6:1
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WRAP SIDE & BOTT BM W/
BITUTHANE MEMBRANE
WRAP CAP FLSH'G O/ SIDE FLSH'G
W/ BITUTHANE MEMBRANE
(24) GA GALV SHT MET SIDE FLASH'G
(24) GA GALV SHT MET CAP FLASH'G
SAW CUT FASCIA ASSEMBLY TO ACCOMDATE
BITUTHANE, SIDE, & CAP FLASH'G & SET IN
POLY URATHANE CAULK
"E" 2X WD DECK'G"E" BM END
(VERIFY)
END FLSH'G W/ HEM'D EDGE
& POP RIVIT TO SIDE FLSH'G
END FLSH'G W/ HEM'D
EDGE & POP RIVIT TO
SIDE FLSH'G
NEW (4X) FASCIA TO REFLECT NEW ROOF
PITCH W/ ON-SITE FITTING NECESSARY.
CONTRACTOR TO MOCK-UP FOR ARCHITECT
REVIEW & APPROVAL
LINE OF "E" MIX'D ROOF PITCH
~30'-7
"
24'-0"12'-0"12'-0"
4'-0"
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@ (24") OC (PARELEL TO RIDGE), W/ AIR SPACE & (2") POLY FOAM
IN CAVITY, O/ (3/8") CDX PLYWD, ALL O/ (3X8) EXPOSED WD DECK'G
NEW STAND'G SEAM METAL ROOF'G SYSTEM SUPPORTED ON HAT-
CHANNELS @ (48") OC (PARA TO RIDGE), O/ (1/4") DENS BD, O/
"BITUTHANE TYPE" PEAL & STICK MEMBRANE, O/ "E" DECK'G. ADJUST
PLANE HT WITH PLT SHIMPS & VARITY HT PANEL CLIPS
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5
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(24") OC (PERP TO RIDGE),
NEW STANDING SEAM METAL ROOF'G SYSTEM SUPPORTED BY HAT-
CHANNELS @ (48") OC (PARA TO RIDGE), O/ (1/4") DENS BD, O/
"BITUTHANE TYPE" PEAL & STICK MEMBRANE, O/ (E) TRUSS SYSTEM.
ADJUST PLANE HT WITH PLT SHIMPS & VARITY HT PANEL CLIPS
"E" COPPER GUTTER &
RAIN LEADER SYSTEM
12'-0"12'-0"12'-0"12'-0"
PLTS
RIDGE
~2
1
'
-
0
"
FLR
PLTS
RIDGE
~9
'
-
0
"
~2
1
'
-
0
"
12'-0"12'-0"12'-0"12'-0"
FLR
~9
'
-
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(~ 7")
NEW STAND'G SEAM MET ROOF'G, INCLUD'G VENT'
RIDGE & EAVE, GUTTER & RAIN LEADER SYSTEM,
& ALL ATTACHM'TS PER MFGR'S APPROV'D SPECS
HAT CHAN & PANEL CLIPS, INCLUD'G SHIM PLTS
AS NEEDED FOR FASTN'G & NEW SLOPE
WATER TIGHT BITUTHANE TYPE PEAL & STICK, W/
LAP & ATTACHMENT PER MRGR'S APPROV'E SPECS
EXIST'G PLYWD ROOF'G & DECK SYSTEM
LOW SLOPE BUILT-UP ROOF BELOW
INSPECT & NOTIFY OWNER IF RE-
PLACEM'T NEED'S
AREA OF EXIST'G VAULT'D ROOF STRUCTURAL SYSTEM
EXTREME CARE IS REQUIR'D TO AVOID FASTENERS FROM
PENETRAT'G THROUGH EXPOS'D DECKING BELOW.
2A
A1
2B
A1
SEE
ALL OTHER ROOF AREA OVER ATTIC TYPICAL
SEE
4'
-
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"
5'
-
6
"
12
6 (E)26.
5
12
5 (E)22.5
~5.5 (NEW)24.5
(~ 7")
12
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"
Page 204 of 361
300 Seminary Avenue • Ukiah • CA • 95482-5400
Phone: (707) 463-6233 · Fax: (707) 313-3621 · www.cityofukiah.com
MEMORANDUM
Date: September 2, 2020
To: Honorable Mayor and Council Members
From: Mary Horger, Financial Services Manager
Re: Agenda Item No. 7d. – Council Meeting of September 2, 2020
Award Recommendation – Roof Replacement at the Grace Hudson Museum,
Specification No. 20-10
At 2:00 p.m. on September 1, 2020, bids were opened for the Roof Replacement at the
Grace Hudson Museum, Specification No. 20-10. Please refer to Exhibit 1 for a copy of
the bid results. Roofing & Solar Construction, Inc. was the lowest responsible bidder,
submitting a bid in the amount of $348,000. Please refer to Exhibit 2 for a copy of their
bid submission.
The recommended action is revised as follows:
Recommended Action: Award contract for the Roof Replacement at the Grace Hudson
Museum, Spec. No. 20-10 to Roofing & Solar Construction, Inc., in the amount of
$348,000, and approve a budget amendment for up to 10% of the awarded amount to
cover for any unexpected contingencies.
Current Budget Amount: 10022700.80220.18021: $350,000
Proposed Budget Amount: 10022700.80220.18021: $348,000 + $34,800 for a revised
budget amount of $382,800.
Correspondence Received for Agenda Item 7d
Page 205 of 361
Item # Item Description QTY UOM Unit Price Item Total Unit Price Item Total Unit Price Item Total Unit Price Item Total Unit Price Item Total
1
ALL MATERIAL, EQUIPMENT, LABOR AND
INCIDENTALS OF ANY KIND TO REPLACE THE
ROOF AT THE GRACE HUDSON MUSEUM AS
PER THESE SPECIFICATIONS.
1 LS $348,000.00 $348,000.00 $419,757.00 $419,757.00 $544,000.00 $544,000.00 $547,200.00 $547,200.00 $988,000.00 $988,000.00
Bid List
Total $348,000.00 $419,757.00 $544,000.00 $547,200.00 $988,000.00 Total Bid
Amount $348,000.00 $419,757.00 $544,000.00 $547,200.00 $988,000.00
Klondike Construction Services
Inc.
Roof Demo
Listed Subs
Base Bid
Comment:Westech Roofing bid was
stuck in the night drop box, and was not
discovered in time for the public bid
opening.
Novato, CA 94949 Richmond, CA 94804 San francisco, CA 94124 Fairfiled, CA 94534 Gardena, CA 90248
15 Crissy Place 220 Cutting Blvd 2115 Jennings Street 4349 Cordelia Road 19027 South Hamilton Avenue
Museum Roof Replacement Project ‐ Spec 20‐10
City of Ukiah
Bid Opening:2020‐09‐01
Roofing & Solar Construction
Inc. Westech Roofing Inc.
San Francisco Roofing
Services Inc. Solano County Roofing Best Contracting Services, Inc.
EXHIBIT 1
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Roofing + Solar
Construction, Inc.EXHIBIT 2
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Page 1 of 2
Agenda Item No: 7.e.
MEETING DATE/TIME: 9/2/2020
ITEM NO: 2019-238
AGENDA SUMMARY REPORT
SUBJECT: Consider Adoption of Resolution Adopting a 2020 Advocacy Platform to Serve as Guidelines for
Local, State, and Federal Legislative Matters.
DEPARTMENT: City Manager /
Admin PREPARED BY: David Rapport, City Attorney, Shannon Riley,
Deputy City Manager
PRESENTER:
ATTACHMENTS:
1. Resolution_2020 Advocacy REV8-27 - Redline
2. 2020 Strategic Goals
Summary: Council will consider adoption of a Resolution adopting a 2020 Advocacy Platform to provide
guidance regarding local, state and federal legislative and judicial matters, and allow the City to weigh in on
such matters in a timely fashion. An advocacy platform enables the Mayor and/or City Manager, or their
designee, to submit letters or other filings on behalf of the City if the proposed matter is within the City’s
adopted advocacy platform guidelines. Additionally, platform guidelines enable the City to actively participate
in the regional, state and federal legislative processes on behalf of the City of Ukiah.
Background: The ability of the City to serve the residents and provide for a thriving and sustainable
community requires support from all levels of government. Local government is uniquely and best positioned
to support, serve, and respond to community and individual needs. However, with local, state and federal
legislative policy and judicial matters, action is often needed to support local government in having this impact.
These legislative policies and legal actions can affect the City's ability to deliver services, shape what services
are delivered, impact the resources available for services, and remove obstacles to delivering services. These
policies sometimes require immediate attention.
The Ukiah City Council has annually adopted a Platform and a corresponding resolution, most recently in
December 2019. The proposed Advocacy Platform and Resolution (redlined version provided as Attachment
1) expands the December 2019 Platform by including action related to precedent-setting decisions by the
California and United States Supreme Courts, as well as administrative actions, regulations, court cases, and
amicus briefs to California and Federal appellate courts.
Discussion: In order to fulfill the City’s commitment to the community, positive local, state and federal action--
including the allocation of resources--should be sought.
The Advocacy Platform is also consistent with the 2020 goals and priorities of the League of California Cities
("the League"), provided as Attachment 2.
The proposed 2020 Advocacy Platform from the City states it does not take positions on matters outside the
scope and purpose of municipal government. Occasionally, the City is asked to take positions that do not
materially affect the scope and purpose of our municipal government; these tend to be quality of life or social
issues; or federal government matters like foreign policy.
The Platform would not preclude the Mayor or Councilmembers from placing an item on the agenda for
Page 229 of 361
Page 2 of 2
consideration. However, it would provide guidance to others about positions typically taken by the City
Council.
To this end, if the City should adopt/update the proposed 2020 Advocacy Platform, it would provide a guide for
the City’s legislative advocates and highlight key issues important to the local community. The Platform
provides 14 over-arching guiding principles intended for specific legislative and legal action and supports
existing City Council-established goals and policies. The priorities outlined streamline the legislative approval
process by providing clear direction on pertinent issues for our community. It is by no means all-
encompassing.
As previously stated, the Platform is reviewed by Council on an annual basis in coordination with the State’s
legislative calendar, and will continue to be listed on the tracking calendar for Council review, likely in
December 2020.
Staff recommends the adoption of the proposed Resolution that includes the 2020 Advocacy Platform
providing overall guidance that allows the Mayor, and/or City Manager, or their designee, to send/file support
or opposition to the League and other agencies/organizations to protect or advocate for our community.
Recommended Action: Adopt resolution adopting a 2020 Advocacy Platform to serve as guidelines for local,
state, and federal legislative, administrative, regulatory and court matters.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Sage Sangiacomo, City Manager
Page 230 of 361
Page 3 of 3
Attachment 1
RESOLUTION NO. 2020-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING AND ADOPTING A
2020 LEGISLATIVE ADVOCACY PLATFORM
WHEREAS; an advocacy legislative platform is a tool that the City Council and staff can utilize to support
the goals and objectives of the City; and
WHEREAS, the California State Legislature alone considers thousands of bills during each two- year
legislative session, state and federal administrative agencies establish policies and engage in rule-making
and many precedent setting decision are heard by the California and federal courts of appeal and the
California and United States Supreme Court; and any number of these bills, administrative actions and
regulations and court cases can affect cities—through changes in funding, employment law, or water
regulation as examples; and
WHEREAS, development of an Advocacy Legislative Platform provides the opportunity to identify
issues and priorities that may be addressed through legislative and administrative advocacy and amicus
briefs to California and federal appellate courts; and
WHEREAS, the City desires to be proactive and involved in the governmental, administrative and
judicial decision- making process directly affecting the City of Ukiah and the League of California Cities;
and
WHEREAS, the platform will also be used when applicable on other local, regional, state, and federal
matters not evaluated by the League; and
WHEREAS, adoption of a 2020 Legislative Advocacy Platform enables the City Council and staff to react
quickly to most legislative or administrative issues or the filing of amicus briefs as they arise; and
WHEREAS, the 2020 Legislative Advocacy Platform can be provided to State and Federal representatives
sso they are made aware of the issues that are important to Ukiah; and
WHEREAS, the City Council wishes to adopt the 2020 Legislative Advocacy Platform which provides
overall guidance that allows the City Manager and the Mayor, or their designee, to send letters of support
or opposition to the League, and the local, state and federal legislatures and administrative agencies
and to participate in amicus briefs to the state and federal appellate courts in certain instances.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Ukiah hereby adopts a
“2020 Legislative Advocacy Platform,” attached as “Exhibit A” to this Resolution.
DULY AND REGULARLY ADOPTED this 18th __th day of December September, 202019.
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: Douglas F. Crane, Mayor
Kristine Lawler, City Clerk
Page 231 of 361
EXHIBIT A
Page 1 of 2
CITY OF UKIAH
LEGISLATIVE ADVOCACY PLATFORM 2020
PURPOSE OF PLATFORM
The City of Ukiah recognizes the need for active legislative engagement at the local, state and
federal levels to protect and enhance the interests of Ukiah’s residents and businesses.
Accordingly, City o f f i c i a l s maintain close r e l a t i o n s h i p s with Ukiah’s state and
federal representatives to advocate, influence and monitor pertinent legislation.
The purpose of this platform is to clearly outline the position of the City on priority issues and
matters that impact the City’s ability to operate effectively, while allowing consideration of
additional legislative issues that arise during the legislative session. By doing this, the legislative
process is streamlined by receiving clear direction at the beginning of the legislative session from the
City Council on pertinent legislative issues.
The League of California Cities is a primary resource for the City of Ukiah with respect to state and
federal legislative or administrative agency matters affecting municipal government, and the
following priorities are consistent with those of the League. The platform will also be used when
applicable on other local, regional, state and federal matters not evaluated by the League, including
administrative agency policies and rule-making, and appellate and Supreme Court cases in the
California and federal courts. Platform priorities are intended to assist the Mayor, City Council, and
staff to proactively and appropriately address legislation, administrative agency rule-making and
precedent setting court cases to promote City interests and preserve local legislative authority if and
when necessary.
PRIORITIES
The City of Ukiah takes the following positions and the Mayor and the City Manager may send
corresponding letters of opposition or support without further City Council action and, whenever filing
deadlines preclude prior City Council action, may authorize naming the City as a party to an amicus
brief to be filed in state or federal court, provided the City incurs no cost to join the amicus brief. n.
1. The City values its ability and authority to exercise local control, enable excellent public
services and protect and enhance the quality of life for Ukiah residents and businesses. The
City supports efforts to streamline regulations that simplify the job of running the City and
opposes efforts that erode the City’s authority to control its own affairs.
2. The City opposes attempts to decrease, restrict or eliminate city revenue sources and
opposes any efforts at the local, state or federal level to retain additional revenues
currently dedicated to local government for state purposes.
3. The City opposes any regulations or legislative actions or court decision that would eliminate
or limit the City’s ability to provide utility services within the incorporated jurisdiction.
4. The City supports local, state and federal budget plans that provide sustainable, reliable
funding for priority local government programs.
5. The City supports any legislative or regulatory action that increases the energy value for the
electric customer.
6. The City supports the use of California Air Resources Board’s (CARB) Cap and Trade
program allowances and energy resources that are clean, renewable and cost effective.
Page 232 of 361
EXHIBIT A
Page 1 of 2
`
7. The City supports increases in transportation funding for local street and road
improvements to promote investing in the maintenance and rehabilitation of aging
infrastructure.
`
8. The City embraces efforts to obtain funding for economic development and environmental
initiatives, including planning and implementation of regional transportation and traffic
congestion relief projects, and the creation of affordable housing. The City also supports
legislation that provides incentives for job creation and retention, including legislation that
increases funding and allowable uses for the Community Development Block Grant
program.
9. The City supports policy that advocates for a clean environment and policy to improve
environmental standards and promote sustainable energy policies.
10. The City supports legislation and policies that enable local officials to access resources to
provide quality police, fire, emergency management, emergency medical services, youth
violence prevention initiatives, and to engage the community in its own safety.
11. The City values a sustainable quality of life and supports parks and open space, recreation
facilities, environmental and climate protection, resource conservation, libraries, arts and
culture and legislation and policies that emphasize sustainable development.
12. The City supports legislation that provides Cities additional funding and tools and preserves
local authority to address housing production, affordability, and homelessness challenges.
13. The City supports policy that helps improve disaster preparedness, recovery, and climate
resiliency.
14. The City supports policy that promotes the sustainability of public pension and retirement
health benefits.
In most cases the City of Ukiah will not take positions on matters not affecting the primary scope and
purpose of municipal government – for example social issues or foreign policy, however such items
can be brought forward to Council if appropriate.
TRACKING
The City Manager (or City Manager designee) will provide updates on important legislative issues
and/or those matters that the City has stated a position on during the City Manager’s comment
section to City Council. Copies of all correspondence will be copied to City Council. The City
Attorney will seek authorization to join amicus briefs, whenever possible, and will promptly notify
and explain to the City Council any briefs in which the City joins without prior City Council approval.
REVIEW
This platform will be reviewed prior to each year’s legislative session in January of each year.
Page 233 of 361
Excerpt from the League of California Cities website Attachment2
2020 Strategic Goals
How does the League determine the organization’s top issues?
Every year, the League’s members and leadership work together to set strategic priorities for
the next 12 months. These goals focus our legislative and advocacy activities and serve as a
powerful tool for advancing local control.
2020 Strategic Priorities
Throughout the state, city leaders – urban, suburban and rural – work hard every day to improve the quality of life for
their residents. To meet this commitment to our communities, city leaders come together annually and set the League
of California Cities strategic priorities, to strengthen our cities as vibrant places to live, work, and play. We stand ready
to work collaboratively with the Governor, the Legislature and other stakeholders to accomplish these strategic
priorities in 2020.
1. Improve the supply and affordability of housing. Provide cities with financial tools to increase construction of
housing, particularly for vulnerable populations, reform state regulatory barriers, and ensure cities retain
flexibility based on the size, geography, demographics, impact mitigation and land use needs of each
community.
2. Advocate for increased funding and resources to prevent homelessness and assist individuals experiencing
homelessness. Secure additional resources and flexibility to provide navigation assistance, emergency shelters
and permanent supportive housing and strengthen partnerships with stakeholders to ensure mental health,
substance abuse treatment, and wraparound services are available for adults and youth at risk or already
experiencing homelessness in our communities.
3. Address fiscal sustainability. Raise awareness among stakeholders about the fiscal challenges cities face and
work collaboratively to secure new revenue tools and flexible prudent policies to ensure cities are able to
provide essential services to their residents while maintaining their ability to meet pension obligations.
4. Strengthen community and disaster preparedness, public safety, and resiliency. Improve community
resiliency to disasters and environmental threats, and strengthen infrastructure stability and control, through
expanding partnerships, including state and federal agencies, and securing additional resources and support
for climate change adaptation, planning, preparedness, response, recovery, and sustainability in our cities.
5. Address public safety concerns of California cities. Reform recently enacted criminal justice laws — enacted
by both statute and initiative — that have eroded public safety protections of California residents through the
passage of the Police Chiefs/Grocer’s‐sponsored criminal justice reform measure eligible for the November
2020 state ballot, or by equivalent reforms achieved through legislative action. Protect public safety by
reducing access to firearms by the mentally ill. Support additional tools and resources to address critical
community challenges such as homelessness, mental health, domestic violence, drug rehabilitation, human
trafficking, and workforce development for ex‐offender reentry.
Page 234 of 361
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Agenda Item No: 12.a.
MEETING DATE/TIME: 9/2/2020
ITEM NO: 2020-352
AGENDA SUMMARY REPORT
SUBJECT: Receive Status Report and Consider Any Action or Direction Related to the Novel Coronavirus
(COVID-19) Emergency Including Operational Preparedness and Response; Continuity of City Operations and
Services; Community and Business Impacts; and Any Other Related Matters.
DEPARTMENT: City Manager /
Admin PREPARED BY: Tami Bartolomei, Office of Emergency
Management Coordinator
PRESENTER: Tami Bartolomei, Office of Emergency
Management Coordinator
ATTACHMENTS:
None
Summary: The City Council will receive a status report and consider any action or direction related to the
Novel Coronavirus (COVID-19) Emergency including operational preparedness and response; continuity of
City operations and services; community and business impacts; and any other related matters.
Background: On March 4, 2020, California Governor Gavin Newsom declared a State of Emergency in
California in response to the COVID-19 pandemic.
The County of Mendocino declared a State of Emergency related to the COVID-19 on March 4, 2020.
On March 17, 2020, the City Manager acting as the Director of Emergency Services declared the existence of
a local emergency.
On March 18, 2020, City Council approved a Resolution ratifying the proclamation declaring the existence of a
local emergency.
Since the onset of the emergency, the City of Ukiah has worked to respond to the public health and safety
needs of the community in cooperation with the County of Mendocino and other partners. The local response
for public health is lead regionally by the County of Mendocino and the County's Public Health Officer. In
addition, the City of Ukiah has worked to maintain the continuity of public services including public safety,
water, sewer, electric, airport, public works, and other essential activities.
Discussion: As the coronavirus “COVID-19” continues to evolve, the City of Ukiah continues to monitor the
situation and respond to emerging needs of the community. The City is in continued contact with local and
state agencies, as well as community partners, hospitals, schools, and neighboring cities to ensure we have
the most updated information pertaining to COVID-19 and are coordinating efforts.
Reports and/or information from the City of Ukiah's Emergency Operation Center (EOC) will include:
* Emergency Operation Center (EOC) Status
* COVID-19 Case Updates
* Public Information Officer
* Medical Services
* School/Education
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* Public Safety (Police/Fire/EMS)
* Shelter in Place Monitoring and Compliance
* Community Service Groups
* Homeless Response
* Business Impacts/Services
* Public Infrastructure/Construction Status
* City Finance
* Recovery Efforts and Planning
* Other Related matters
Staff will provide a status report to City Council and will seek direction or action on operational preparedness
and response; continuity of City operations and services; community and business impacts; and any other
related matters.
Go to the City's website (www.cityofukiah.com) for direct access to information related to the Novel
Coronavirus (COVID-19) emergency including local updates, City Services, Community/Resident Information,
and Business Resources.
Recommended Action: Receive status report and consider any action or direction related to the Novel
Coronavirus (COVID-19) Emergency including operational preparedness and response; continuity of City
operations and services; community and business impacts; and any other related matters.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Sage Sangiacomo, City Manager
Page 236 of 361
Page 1 of 2
Agenda Item No: 12.b.
MEETING DATE/TIME: 9/2/2020
ITEM NO: 2020-512
AGENDA SUMMARY REPORT
SUBJECT: Receive Report Regarding Review of Ordinance for Development of Operating Standards for
Community Gardens, Live Entertainment, Outdoor Dining, Sidewalk Cafes, and Specialty Food and Beverage
Sales with Tasting; and Provide Direction to Staff as Necessary.
DEPARTMENT: Community
Development PREPARED BY: Craig Schlatter, Community Development Director
PRESENTER: Craig Schlatter, Community Development
Director
ATTACHMENTS:
1. Ordinance No. 1167
Summary: Council will receive a report from Staff on review of the Ordinance for Development and Operating
Standards, located in Division 9, Chapter 2, Article 15.6 of Ukiah City Code, for community gardens, live
entertainment, outdoor dining, sidewalk cafes, and specialty food and beverage sales with tasting.
Background: On August 3, 2016, City Council adopted Ordinance No. 1167 (Attachment 1), establishing
development and operating standards for community gardens, live entertainment, outdoor dining, sidewalk
cafes, and specialty food and beverage sales with tasting. The Ordinance also added specific definitions for
outdoor dining and sidewalk cafes.
At the August 3, 2016 meeting, Council directed that Staff present a one-time review and report on Staff's
implementation of the Ordinance, with a specific report of how the Ordinance impacted live entertainment
applications. In each of the subsequent years, 2017, 2018, and 2019, Council directed Staff provide additional
annual reports related to Ordinance No. 1167. Below is a summary of these previously presented reports.
- September 1, 2017 - report presented to Council. No new applications nor new inquiries had been received
for activities listed within the Ordinance.
- August 1, 2018 - report presented to Council. One new application for a specialty beverage tasting room with
sales was received. No other new applications had been received, but three existing outdoor dining permits
were renewed. One inquiry was recorded regarding the addition of live music to a restaurant in the downtown.
- September 4, 2019 - report presented to Council. No new applications received. A few inquiries were
recorded related to sidewalk cafes.
Discussion: Since August 2019, Staff has received no new applications for activities permitted by the
Ordinance. Three existing outdoor dining permits were renewed in September 2019, and Staff anticipates
these permits will be renewed again in September 2020.
Although not directly related to Ordinance No. 1167, the City adopted a Temporary Use Permit process to
allow businesses more flexibility during the COVID-19 pandemic. This process provides temporary flexibility
and streamlines and expedites applications for mobile food vending, business signage, and the use of outdoor
space (both public and private) to assist with COVID-related requirements. Prior to the expiration of this
program, Staff will present an analysis of its implementation and recommendations regarding its future
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Page 2 of 2
applicability to the Council.
Ordinance No. 1167 appears to still be well-received by the business community, and Staff has recorded no
specific feedback related to the Ordinance. Staff recommends Council receive the report and provide
additional direction as necessary.
Recommended Action: Receive report and provide direction to Staff as necessary.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Shannon Riley, Deputy City Manager
Page 238 of 361
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ORDINANCE NO. 1167
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING DIVISION 9,
CHAPTER 2, ARTICLE 15.6, SECTIONS §9173, §9173.1, §9173.2, §9173.3, §9173.4, §9173.5,
9173.6 TO THE ZONING CODE RELATED TO DEVELOPMENT AND OPERATING
STANDARDS FOR: COMMUNITY GARDENS, LIVE ENTERTAINMENT, OUTDOOR DINING,
SIDEWALK CAFES, SPECIALTY FOOD AND BEVERAGE SALES WITH TASTING AND
AMENDING SECTION §9278 ADDING DEFINITIONS OF OUTDOOR DINNING AND
SIDEWALK CAFES
The City Council hereby ordains as follows:
SECTION ONE — FINDINGS
1. Pursuant to the procedures set forth in the Ukiah Municipal Code section 9265, the
Official Zoning Ordinance for the City of Ukiah is amended to include development and
operational standards for Community Gardens, Live Entertainment, Outdoor Dining,
Sidewalk Cafes, Specialty Food and Beverage Sales with Tasting.
2. Planning Department staff prepared an initial environmental study (IS) in order to
evaluate the potential impacts that could result from the Project. Due to the specificity of
the standards, the IS concluded the Zoning Ordinance amendments could not have a
significant effect on the environment and a Negative Declaration was prepared.
3. The Planning Commission held a duly noticed public hearing on May 11, 2016 and June
16, 2016 after giving notice of said hearing in the manner, for the period, and in the form
required by the Ukiah City Code and Government Code sections 65090 and 65091 to
consider the Negative Declaration for the Zoning Ordinance Amendments. At the
meeting, the Planning Commission received public comment, discussed the initial
environmental study, and voted 5-0 to recommend the City Council adopt the negative
declaration for the Zoning Ordinance amendments.
4. At the May 11, 2016 and June 16, 2016 public hearing, the Planning Commission
conducted a public hearing to consider the Zoning Ordinance Amendments. After
receiving public testimony, considering the staff report, and due deliberation, the
Planning Commission voted 5- 0 to recommend the City Council approve the Zoning
Ordinance amendments,
5. The Project is consistent with General Plan Goal ED -1 by supporting economic
development, strong businesses, and CD -3 by promoting aesthetically pleasing
urbanscapes, and CD -10 preserving and enhancing neighborhood character.
SECTION TWO
Article 15.6 of Chapter 2 of Division 9 of the Ukiah City Code is hereby added to tread as
follows.
Article 15.6. STANDARDS FOR SPECIFIC LAND USES
9173 PURPOSE
Sections 9173.2-9173.6 in this Article 15.6 provide site planning, development, and/or
operational standards for certain land uses that are allowed in certain zoning districts without
discretionary review. The standards for each use are intended to mitigate any potentially
adverse impacts associated with the specific use.
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Attachment 1
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9173.1 APPLICABILITY
The land uses and activities included in sections 9173.2-91.734.6 of this code shall comply with
the provisions of the section applicable to the specific land use, in addition to all other applicable
provisions of this article and the Ukiah City Code.
A. Where Allowed: The uses that are subject to the standards in sections 9173.2-9173.6 of this
code shall only be located in the zoning districts indicted herein.
B. Development Standards: The standards for specific land uses included in sections 9173.2-
9173.6 of this code are required and supplement those included in the Ukiah City Code. In
the event of any conflict between the requirements of sections 9173.2-9173.6 of this code
and those included elsewhere in the City Code, the requirements of sections 9173.2-9173.6
of this code shall control.
9173.2 COMMUNITY GARDENS
Community gardens may be located in any zoning district provided they comply with the
following standards and requirements:
A. Days and Hours of Operation: Seven (7) days a week from seven o'clock (7:00) A.M. until
dusk.
B. Fencing: Fencing is discouraged. When fencing is required to prevent vandalism or theft,
trespassing, and/or encroachment by animals, fencing shall comply with the following:
1. Open Fencing: Open fencing (such as chain link, wrought iron, deer) up to seven
7) feet in height, measured from the grade adjacent to the fence to the top of the
fence, is allowed at the property line or set back from the property line. This type of
fencing allows the garden to be protected and maximizes the size of the garden
while creating an open, pedestrian -oriented use consistent with the purposes of
this code.
2. Solid Fencing: Solid fencing (such as wood, masonry) is prohibited since this
closes off the site to the public realm, presents a solid unbroken surface which is
not pedestrian -oriented, and reduces the size of the garden.
C. Herbicides and Pesticides: All pest and weed control shall be accomplished through organic
means using the least toxic methods available. If unsure how to combat pests, weeds, and
diseases organically, contact the garden team leader or other qualified professionals or
organizations for guidance and resources.
D. Motorized Equipment: Use of motorized equipment (such as weed eaters, leaf blowers,
rototillers) shall be limited to weekdays from eight o'clock (8:00) A.M. to seven o'clock (7:00)
P.M. and weekends and holidays recognized by the City of Ukiah from ten o'clock (10:00)
A.M. to five o'clock (5:00) P.M.
E. Noise: Compliance with the City of Ukiah noise ordinance is required, except as indicated in
subsection D of this section, Motorized Equipment, which may be more restrictive.
F. Parking: A minimum of one parking space along the street frontage of the community
garden shall be provided. Vehicle use by members of the community garden should be
limited to taking supplies to and from the garden, rainy or poor weather, or assisting
gardeners with a disabilities Users of the garden shall be encouraged to walk or bike to the
site in order to reduce the need for parking and parking impacts on neighboring uses.
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G. Signs: Signs are limited to identification, informational, and directional signs in conformance
with the City of Ukiah sign ordinance requirements.
H. Structures — Accessory: The following accessory structures are allowed: tool sheds,
greenhouses, cold -frames, hoop houses, compost bins, rain barrel systems, picnic tables,
benches, bike racks, garden art, and fences subject to the development standards of the
zoning district in which the community garden is located and the requirements of this
section. Commercially maintained portable bathrooms are allowed as accessory structures;
provided, that they comply with accessibility standards and comply with the development
standards of the zoning district in which the community garden is located.
Water Use: Every effort shall be made to reduce water usage. Drip irrigation is required
where feasible. Mulch and compost shall be used in order to reduce the amount of water
needed for garden plots.
Prohibitions: Smoking, drinking alcoholic beverages, using illegal drugs, and gambling are
prohibited. Weapons, pets and other animals (except service animals) are also prohibited.
Ord. 1139, §2 (Exh. A, 5.030), adopted 2012)
9173.3 LIVE ENTERTAINMENT
A. Live entertainment uses may occur in the C-1, C-2, and P -F zoning districts provided they
comply with the following standards and requirements:
1. Live entertainment shall commence no earlier than 10:00 a.m. and shall end at
11:00 p.m. and is limited to two times a week.
2. Live entertainment shall not violate the City of Ukiah noise ordinance
3. The number of people within a building where live entertainment is performing
shall not exceed the occupancy standards contained in the California I3uilding
Code or Ukiah City Code.
4. Businesses desiring to have live entertainment shall provide adequate security
during and after live entertainment events.
5. Parking shall generally comply with the Ukiah City Code, although on -street
parking within commercial zoning districts may be included in the number of
parking spaces provided for the live entertainment.
6. Any building proposed for live entertainment shall comply with all Fire Code
requirements and shall be reviewed and approved by the Ukiah Fire Marshal.
B. Management Plan: Prior to the conduct of live entertainment, the applicant shall submit a
Management Plan addressing the items listed below. The Management Plan shall be
submitted to the Director of Planning and Community Development for review and action.
The Director shall distribute the Plan to the Ukiah Police and Fire Departments for review.
The Management Plan shall, at a minimum, include the following:
1. Potential for loitering and how the business will preclude loitering
2. Adequacy of lighting for security and safety purposes.
3. Adequacy of parking.
4. Compatibility and suitability with the existing and allowed uses in the area
and/or character of the area, including, but not limited to, proximity to
sensitive land uses such as residences, schools, parks, daycare facilities,
and churches.
5. Details regarding how security will be provided during and after live
entertainment events.
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6. Likelihood the use would facilitate the vitality, economic viability, and/or
provide recreational or entertainment opportunities in an existing commercial
area without presenting a significant impact on health and safety.
7. Hours of operation for the business and hours of proposed live entertainment.
8. Other information deemed necessary on a case-by-case basis.
If the Management Plan is found acceptable by the Police and Fire Departments, as well as
the Director of Planning and Community Development, the Director shall make
corresponding findings and approve it writing.
C. Relief from any of the standards or requirements may be sought through the Use Permit
process. The Director of Planning and Community Development shall determine whether or
not a certain Use Permit is minor or major. The determination shall be based, in part. on
how much relief is being sought and the location of the proposed live entertainment and its
potential to disrupt the area.
9173.4 OUTDOOR DINING
On-site outdoor dining may be allowed in the C -N, C-1 and C-2 zoning districts, provided it is
incidental to and part of the operation of a restaurant located on the same parcel, and it
complies with the standards and requirements listed below.
A. Purpose: The provisions of this section are intended to allow outdoor dining in association
with a restaurant located on the same parcel as the outdoor dining, where the outdoor
dining is clearly incidental to the adjacent restaurant use and will not negatively impact the
operations and function of the existing restaurant, including parking facilities, pedestrian
access and circulation, and disabled access facilities.
B. Location of Outside Dining: Outdoor dining shall be located on the same site as the
restaurant which the outdoor dining will serve. Outdoor dining facilities, such as tables,
chairs, umbrellas, etc., shall not be located in pedestrian walkways, required parking
spaces, or disabled access facilities (such as parking spaces, walkways, entries, etc.).
Outdoor dining areas may be located in landscaped areas if located in such a manner as to
not damage the landscaping.
C. Hours of Operation: Days and hours of operation for the outdoor dining shall not extend
beyond the hours of operation for the restaurant which it serves. Tables, chairs, and all
other furniture used in the operation of outdoor dining shall be removed from any pedestrian
walkways and stored indoors at night and whenever the cafe is not in operation.
D. Live Entertainment: Outdoor dining shall not be used for live entertainment unless in
compliance with section 9173.3 of this code.
E. Tables, Chairs, Furniture, Signage:
1. In order to provide adequate and safe ingress/egress, a minimum unobstructed
pedestrian walkway width of forty-eight inches (48") or the width of the doors,
whichever is greater, shall be maintained. The required width of the unobstructed
pedestrian walkway shall extend from the front of the door(s) to the public
sidewalk. A reduced width may be approved by the Building Official in compliance
with the building code.
2. A minimum of sixty inches (60") of unobstructed space shall be maintained
between exits and any furniture or fixtures related to outdoor dining, or as required
by the building code, whichever is greater.
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3. All outdoor dining furniture, including tables, chairs, umbrellas, and planters, shall
be movable.
4. Umbrellas shall be secured with a minimum base of not less than sixty (60) pounds
and shall leave a vertical clearance of seven feet (7') from the sidewalk surface.
5. Outdoor heaters are allowed subject to fire and building code compliance. Non -live
music and/or speakers may be used provided the music does not violate the City of
Ukiah noise ordinance.
6. No signage shall be allowed in the outdoor dining area except for the name of the
establishment on an awning or umbrella fringe and in compliance with this section
and Division 3, Chapter 7 of this code (sign ordinance).
F. Maintenance: The property and/or business owner are responsible for maintaining all
outdoor dining furnishings and the outdoor dining area in good condition, including, but not
limited to, the following:
1. AH outdoor dining furnishings and all exterior surfaces within the outdoor dining
area shall be easily cleanable and kept clean and free of debris.
The outdoor dining area and adjacent areas kept in a clean and safe condition.
G. Food and Beverages: Outdoor dining areas may only serve food and nonalcoholic
beverages prepared or stocked for sale at the adjoining indoor restaurant; provided,
however, that the service of beer or wine or both, solely for on -premises consumption by
customers within the outdoor dining area, may be authorized by the Planning Director and
Police Department if each of the following requirements are met:
1. The outdoor dining operation is duly licensed, or prior to the service of any beer or
wine, will be duly licensed by State authorities to sell beer or wine for consumption
within the outdoor dining area.
2. The authorized outdoor dining area is identified in a manner which will clearly
separate and delineate it from the areas of the sidewalk that will remain open to
pedestrian traffic.
3. One or more signs, as approved as part of the encroachment permit, are posted
during all times the sidewalk cafe is in operation, which shall give notice to the
cafe's customers that the drinking of beer or wine or the carrying of any open
container which contains beer or wine is prohibited and unlawful outside the
delineated outdoor dining area.
Outdoor dining areas authorized by the Planning Department and Police Department and in
compliance with the requirements of this section are exempt from section 6000 of this code.
H. Service Requirements:
1. Service areas (such as busing and service stations) may be located within the
outdoor dining area. Service areas shall comply with subsection B of this section
Location of Outside Dining). Outdoor food preparation in the outdoor dining area is
prohibited.
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2. Restrooms for the outdoor dining area shall be provided in the adjoining indoor
restaurant. Seating for the outdoor dining may be counted in determining the
restroom requirements for the indoor restaurant at the discretion of the Building
Official.
Revocation: The outdoor dining may be revoked by the City upon finding that one or more of
the requirements of this section have been violated or that the outdoor dining is being
operated in a manner that constitutes a nuisance.
9173.5 SIDEWALK CAFE
A. A sidewalk cafe may be allowed in the C -N, C-1, and C-2 zoning districts provided it is
incidental to and part of the operation of a restaurant and it complies with the standards and
requirements listed below;
B. Purpose: The provisions of this section are intended to allow a sidewalk cafe to operate in
association with an allowed restaurant use, where the sidewalk cafe is clearly incidental to
the restaurant use and will not negatively impact the right-of-way.
C. Permit Requirements: A sidewalk cafe shall require the approval of an encroachment permit
from the Department of Public Works and Planning and Community Development
Department.
D. Limitations and Requirements: A sidewalk cafe may be allowed only where allowed by
section 9173.4 and only when the sidewalk cafe is incidental to and part of the operation of
an adjacent restaurant and when in compliance with the following requirements of this
section.
1. Where Permissible: A sidewalk cafe may be located on a public sidewalk
immediately adjacent to and abutting the indoor restaurant which operates the
cafe; provided, that the area in which the sidewalk cafe extends is no farther along
the sidewalk frontage than the operating indoor restaurant.
2. Location of Sidewalk Cafes: Each cafe shall be confined to a defined location on
the sidewalk immediately adjacent to the restaurant which operates the cafe.
3. Hours of Operation: Sidewalk cafes may operate on days whenever fair weather
would enhance outdoor dining. The hours of operation shall not exceed eight
o'clock (8:00) A.M. to nine o'clock (9:00) P.M. Tables, chairs, and all other furniture
used in the operation of a sidewalk cafe shall be removed from the sidewalk and
stored indoors at night and whenever the cafe is not in operation. Additional hours
may be authorized with Zoning Administrator approval of a minor use permit.
4. Sidewalk Clearances: A sidewalk cafe may be allowed only where the sidewalk is
wide enough to adequately accommodate the usual pedestrian traffic in the area,
to comply with California State accessibility standards and federal ADA
requirements, and the operation of the proposed cafe.
5. Live Entertainment: A sidewalk cafe shall not be used for live entertainment. Live
entertainment at sidewalk cafes may be authorized in compliance with section
9224.6 of this code.
E. Tables, Chairs, Furniture, Signage:
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1. All tables and chairs comprising a sidewalk cafe shall be situated in a safe fashion
and away from any sidewalk or street barrier including a bollard, and shall not be
within eight feet (8') feet of any designated bus stop.
2. The dining area shall not impede the use of public furnishings such as lighting,
benches, etc.
3. In order to provide adequate and safe ingress/egress, a minimum unobstructed
public sidewalk width of forty-eight inches (48") shall be maintained for the entire
length of the sidewalk cafe. The required width shall extend from the front of the
door(s) to the end of the sidewalk cafe.
4. A minimum of sixty inches (60") of unobstructed space shall be maintained
between exits and any furniture or fixtures related to the sidewalk cafe, or as
required by the building code, whichever is greater.
5. All sidewalk cafe furniture, including tables, chairs, umbrellas, and planters, shall
be movable.
Umbrellas shall be secured with a minimum base of not less than sixty (60) pounds
and shall leave a vertical clearance of seven feet (7') from the sidewalk surface.
Outdoor heaters are allowed subject to fire and building code compliance. Music
and/or speakers may be authorized with Zoning Administrator approval of a minor
use permit.
8. No signage shall be allowed at the sidewalk cafe except for the name of the
establishment on an awning or umbrella fringe and in compliance with this section
and the sign ordinance (Division 3, Chapter 7 of this code).
9. All furnishings and other items associated with the sidewalk cafe shall be removed
from the sidewalk during nonoperation hours of the cafe. Storage of these items
outside may be authorized with Zoning Administrator approval of a minor use
permit.
10. Any proposed seating in the vicinity of street trees shall comply with the City's
Management Guidelines adopted December 1, 2010
Maintenance: The permittee is responsible for maintaining all outdoor dining furnishings and
the sidewalk cafe area in good condition, including, but not limited to, the following:
1. AH outdoor dining furnishings and all exterior surfaces within the sidewalk cafe area
shall be easily cleanable and kept clean and free of debris.
2. The sidewalk cafe area and adjacent areas shall be kept in a clean and safe
condition.
G. Food and Beverages: A sidewalk cafe may serve only food and nonalcoholic beverages
prepared or stocked for sale at the adjoining indoor restaurant; provided, however, that the
service of beer or wine or both solely for on -premises consumption by customers within the
areas of the sidewalk cafe may be authorized by the Planning Director and Police
Department as part of the required encroachment permit if each of the following
requirements are met:
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1. The sidewalk cafe operation is duly licensed, or prior to the service of any beer or
wine will be duly licensed by State authorities to sell beer or wine for consumption
within the area of the sidewalk cafe.
2. The area in which the sidewalk cafe is authorized is identified in a manner, as part
of the encroachment permit, which will clearly separate and delineate it from the
areas of the sidewalk that will remain open to pedestrian traffic.
3. One or more signs, as approved as part of the encroachment permit, are posted
during all times the sidewalk cafe is in operation, which shall give notice to the
cafe's customers that the drinking of beer or wine or the carrying of any open
container which contains beer or wine is prohibited and unlawful outside the
delineated area of the sidewalk cafe. Sidewalk cafes authorized by the Planning
Department and Police Department as part of the required encroachment permit
and in compliance with the requirements of this section are exempt from section
6000 of this code.
H. Service Requirements:
1. The outdoor preparation of food and busing and service stations are prohibited at
the sidewalk cafe. Outdoor service station may be authorized with Zoning
Administrator approval of a minor use permit.
Restrooms for the sidewalk cafe shall be provided in the adjoining indoor
restaurant. Seating for the sidewalk cafe may be counted in determining the
restroom requirements for the indoor restaurant at the discretion of the Building
Official.
Trash and refuse receptacles for the sidewalk cafe shall not be permitted within the
area designated for the sidewalk cafe or on adjacent sidewalk areas and the
permittee shall remove trash and litter as they accumulate. Trash and/or refuse
containers may be authorized within the outdoor dining area or adjacent sidewalk
areas with Zoning Administrator approval of a minor use permit.
I. Power to Prohibit Operation of the Sidewalk Cafe: Any encroachment permit issued for a
sidewalk cafe shall provide that the City shall have the right and power, acting through the
City Manager or designee, to prohibit the operation of a sidewalk cafe at any time because
of anticipated or actual problems or conflicts in the use of the sidewalk area. Such problems
may arise from, but are not limited to, scheduled festivals and similar events, or parades or
marches, or repairs to the street or sidewalk, or from demonstrations or emergencies
occurring in the area. To the extent possible, the permittee shall be given prior written notice
of any time period during which the operation of the sidewalk cafe will be prohibited by the
City, but any failure to give prior written notice shall not affect the right and power of the City
to prohibit the cafe's operation at any particular time.
Conditions: In connection with granting the encroachment permit for a sidewalk cafe,
conditions may be imposed in granting approval as deemed necessary for the proposed
operation to meet the operating requirements of this section.
K. Modifications: In the event the City determines during the operation of an approved sidewalk
cafe that additional or revised conditions are necessary in order for the sidewalk cafe to
comply with the requirements of this section, the City shall have the ability to add additional
conditions to the approved encroachment permit.
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L. Revocation: The encroachment permit to operate a sidewalk cafe may be revoked by the
City upon finding that one or more conditions of the permit or this section have been violated
or that the sidewalk cafe is being operated in a manner that constitutes a nuisance or that
the operation of the sidewalk cafe unduly impedes the movement of pedestrians past the
sidewalk cafe. (Ord. 1139, §2 (Exh. A, 5.080), adopted 2012) Revocations may be appealed
per the process outlined in Section 5613 of the City of Ukiah Municipal Code.
9173.6 SPECIALTY FOOD AND BEVERAGE SALES WITH TASTINGS
Specialty food and beverage sales with tastings may be allowed in the C -N, C-1, C-2, and P -F
zoning districts provided they comply with the following standards and requirements:
A. Days and Hours of Operation: Days and hours of operation shall be limited to daily from ten
o'clock (10:00) A.M. to ten o'clock (10:00) P.M. Additional hours may be authorized with
Zoning Administrator approval of a minor use permit.
B. Live Entertainment: Live entertainment is allowed in compliance with section 9173.3 of this
code and may perform until eight o'clock (8:00) P.M. Other arrangements for live
entertainment may be authorized with Zoning Administrator approval of a minor use permit.
C. Outdoor Seating: Outdoor seating is allowed in compliance with the applicable requirements
for outdoor dining included in section 9173.4 of this code or sidewalk cafes in section 9173.5
of this code.
D. Minor Use Perrnit: An application for a minor use permit to allow additional operating hours
and/or live entertainment in a manner that exceeds the operating characteristics required in
this section may be authorized with Zoning Administrator approval of a minor use permit. An
application for a minor use permit shall address the following considerations:
1. Potential for loitering and how the business will preclude loitering.
2. Adequacy of lighting for security and safety purposes.
3. Adequacy of parking.
4. Compatibility and suitability with the existing and allowed uses in the area and/or
character of the area, including but not limited to proximity to sensitive land uses
such as residences, schools, parks, daycare facilities, and churches.
5. Likelihood the use would facilitate the vitality, economic viability, and/or provide
recreational or entertainment opportunities in an existing commercial area without
presenting a significant impact on health and safety.
6. Details regarding how security will be provided during and after live entertainment
events.
7. Other information deemed necessary on a case-by-case basis.
E. Minor Use Perrnit Findings: The above considerations shall be incorporated as findings for
approval, conditional approval, or disapproval of a use permit for a specialty food and
beverage sales with tastings in addition to the findings required by Article 20 of this Code.
9278 DEFINITIONS
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OUTDOOR DINING- A designated area on the premise of a retail food establishment or
restaurant, but outside the principal building, and where patrons may sit at tables while
consuming food and beverages ordered from the establishment.
SIDEWALK CAFES- A designated area of a public sidewalk where patrons may sit at tables
while consuming food and beverages ordered from the establishment.
SECTION THREE
1. Severability: If any section, subsection, sentence, clause or phrase of this Ordinance is
for any reason held by a court of competent jurisdiction to be invalid or unconstitutional,
such decision shall not affect the validity of the remaining portions of the Ordinance.
The City Council of the City of Ukiah hereby declares that it would have passed this
Ordinance and each section, subsection, sentence, clause and phrase thereof
irrespective of the fact that one or more sections, subsections, sentences, clauses or
phrases may be held invalid or unconstitutional.
2. 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.
3. Effective Date: The ordinance and shall become effective thirty (30) days after its
adoption.
Introduced by title only on July 20, 2016, by the following roll call vote:
AYES: Councilmembers Crane, Doble, Brown, and Mayor Scalmanini
NOES: None
ABSENT: Councilmember Mulheren
ABSTAIN: None
Adopted on August 3, 2016, by the following roll call vote:
AYES: Councilmembers Crane, Mulheren, Doble, Brown, and Mayor Scalmanini
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
4../Gbt,(.,
Kristine Lawler, City Clerk
Page 10 of 10
fiedu2-1-- )
1.4-€40,1art-‘0-tc
ephen G. Scalmanini, Mayor
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Page 1 of 3
Agenda Item No: 12.c.
MEETING DATE/TIME: 9/2/2020
ITEM NO: 2020-479
AGENDA SUMMARY REPORT
SUBJECT: Receive Report Regarding Annual Review of Ordinance for the Regulation of Shopping Cart
Containment and Retrieval, and Provide Direction as Necessary.
DEPARTMENT: Community
Development PREPARED BY: Craig Schlatter, Community Development Director
PRESENTER: Craig Schlatter, Community Development
Director.
ATTACHMENTS:
1. Ordinance No. 1187 Shopping Cart Containment and Retrieval
2. Ordinance No. 1191 Amending Shopping Cart Containment and Retrieval Ordinance
Summary: City Council will receive a report from Staff regarding an annual review of the ordinance for the
regulation of shopping cart containment and retrieval, Ordinance No. 1187.
Background: On April 4, 2018, City Council adopted Ordinance No. 1187 (Attachment 1), an ordinance
adding Article 8 to Chapter 2, Division 2 and Article 11 to Chapter 1, Division 7 of the Ukiah City Code (UCC)
to regulate shopping cart containment and retrieval. An amendment to Ordinance No. 1187 amending UCC
Sections 6096 and 6098 to more closely parallel the Business and Professions Code Section 22435.2 and
avoid preemption issues was adopted by Council on December 5, 2018, through Ordinance No. 1191
(Attachment 2).
Council requested a one-time review of the Ordinance one year after the effective date of the Ordinance. Staff
provided this update on July 3, 2019. A summary of the July 3, 2019 report is below:
- Ordinance No. 1187 became effective May 4, 2018. On May 9, 2018, the Community Development
Department (CDD) released packets informing the businesses of the new ordinance. The packets also
included a shopping cart plan template that could be used by the businesses to complete their plans.
- By August 7, after a 90-day grace period suggested by the shopping cart ad hoc, four shopping cart plans
had been received. Of the four plans received, two plans (10% of businesses) met ordinance requirements
and were approved by CDD. No shopping cart plans were received from 16 businesses.
- CDD conducted an extension outreach campaign via phone in August. Two additional businesses submitted
plans, which were approved.
- CDD released a first warning letter to the 80% of businesses still out of compliance, as well as follow-up calls
to the businesses. Six plans were submitted as a result of this effort, and all six plans were approved.
- CDD released a final warning letter to the 10 businesses still out of compliance as of December 3, 2018. This
final warning letter marked the start of the code enforcement proceedings and was referred to as a Notice of
Violation. Four additional shopping cart plans were received and approved as a result of this letter.
- As of January 1, 2019, 14 businesses (70%) were in compliance with shopping cart plan requirements listed
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Page 2 of 3
in Ordinance No. 1187. The remaining six businesses were referred to the City Attorney's Office for code
enforcement legal proceedings.
- As a result of the City Attorney's letters, two additional businesses were brought into compliance as of June
26, 2019.
- As of July 3, 2019, the remaining four businesses were still out of compliance with Ordinance No. 1187.
Overall, during its first year of implementation the Ordinance appeared effective in accomplishing the
intentions of the ad hoc and reducing the number of abandoned carts citywide, as well as reducing the impact
related to cart retrieval on Ukiah Police Department (UPD) officers related to cart retrieval.
Enforcement responsibilities and efforts increased, however, for CDD Staff and the City Attorney's Office.
Additionally, it was only through CDD and City Attorney enforcement efforts that 90% of businesses achieved
compliance with the Ordinance. CDD staff time per business on average, for example, was approximately 10-
15 hours. This was a point to be reviewed and considered in the future.
The Council received the report and provided direction to Staff to present annual reports on the Ordinance
going forward.
In accordance with this direction, this 2019-2020 annual report provides an update since July 3, 2019, as well
as evaluating the effectiveness of the Ordinance in accomplishing the policy directive of the Council.
Discussion: Section 2384F of Ordinance No. 1187 requires that "every two years a business owner may
renew an exemption or a previously approved shopping cart plan, without modification, if no more than six of
the owner's shopping carts have been found off-site within the previous three months. The owner shall submit
a written application for renewal by July 1st, together with the owner's statement that no more than six of the
business's shopping carts have been found off-site within the previous three months." To assist the
businesses in meeting this biennial plan renewal requirement, on May 5, 2020, CDD Planning Division staff
sent letters to the 16 businesses that had submitted approved plans in 2018-2019. Staff did not send biennial
renewal letters to the four businesses that still, as of May 4, 2020, had never submitted a shopping cart plan.
At the time of development of the Ordinance, Staff and the ad hoc believed the biennial plan renewal process
would be relatively straightforward and involve little effort by Staff or the businesses. Staff approached the
biennial renewal process from this standpoint, sending courtesy letters to each of the 16 businesses that had
previously submitted approved plans and making one follow-up call to each business that had not met the
biennial renewal requirement by July 1, 2020.
As of August 26, 2020, six businesses had submitted new plans meeting the requirements of the Ordinance
and three businesses had submitted a written statement that there had been no changes to their previously
approved plans. Although these nine businesses (45%) are materially in compliance with Ordinance No. 1187,
the three businesses submitting written statements of no plan changes did not make a statement that no more
than six of their businesses' shopping carts were found off-site within the previous months, per Section 2384F.
Seven businesses that had previously submitted approved plans had not completed their biennial plan
renewal by July 1, 2020, and are now out of compliance with the Ordinance.
Overall compliance statistics are as follows:
- Zero (0) businesses met the requirement of submitting an owner's statement that no more than six of the
business's shopping carts have been found off-site within the previous three months.
- Nine (9) businesses (45%) submitted approved plans or statements that their plans had not changed, and
besides not having the owner's statement, are in full compliance with the Ordinance.
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Page 3 of 3
- Seven (7) businesses (35%) with previously approved plans have not met their biennial plan renewal
requirement and are currently out of compliance with the Ordinance.
- Four (4) businesses (20%) still have never submitted plans and are out of compliance.
Overall Evaluation of the Ordinance, 2019-2020:
The Ukiah Police Department reported a 63% increase in the number of shopping cart citations issued
between June 2019 and July 2020, as well as mentioning there are "a large number" of unclaimed carts at the
City yard. UPD also reported that as of December 31, 2019, the California Shopping Cart Retrieval Service
had collected 1,594 shopping carts citywide (due to budgetary issues, UPD is no longer tracking current data
from this company).
Comparing 2018-2019 to 2019-2020, it appears that when an increased amount of time is dedicated by Staff
in outreach and enforcement efforts, primarily by the Community Development Department and City Attorney's
Office, more businesses achieve compliance with the ordinance. This in turn leads to fewer abandoned
shopping carts citywide and less impact to UPD in the issuance of citations. These two metrics- fewer
abandoned shopping carts and less impact to UPD officers- were the two primary objectives of the ad hoc and
Council in developing the Ordinance.
Given the challenges with implementation and general lack of compliance, Staff recommends Council consider
directing Staff to review compliance and enforcement and provide recommendations for Council's
consideration.
Recommended Action: Receive report from Staff and direct Staff to review compliance and enforcement and
provide recommendations for Council's consideration at a future Council Meeting.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Captain Sean Kaeser, Ukiah Police Department; Darcy Vaughn, Assistant City
Attorney
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ORDINANCE NO. 1187
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING ARTICLE 8 TO
CHAPTER 2, DIVISION 2 AND ARTICLE 11 TO CHAPTER 1, DIVISION 7 OF THE UKIAH
CITY CODE TO REGULATE SHOPPING CART CONTAINMENT AND RETRIEVAL
The City Council of the City of Ukiah ordains as follows:
SECTION ONE. FINDINGS AND DECLARATION OF INTENT:
The City Council of the City of Ukiah hereby finds and declares as follows:
Abandoned shopping carts constitute a nuisance, create potential hazards to the health and
safety of the public, and interfere with pedestrian and vehicular traffic within the City.
2. The accumulation of wrecked, dismantled and abandoned shopping carts on public and
private property also tends to create conditions that reduce property values, promoting
blight and deterioration in the City.
The intent of this Ordinance is to ensure that measures are taken by businesses that own
and use shopping carts to prevent the removal of shopping carts from store premises.
4. This Ordinance is based in part on California Business and Professions Code section 22435
and following.
SECTION TWO. Article 8, entitled "Shopping Cart Containment and Retrieval" is added to
Chapter 2, Division 2 of the Ukiah City Code and shall read as follows.
ARTICLE 8. SHOPPING CART CONTAINMENT AND RETRIEVAL
Sections:
2380 Applicability.
2381 Definitions.
2382 Prohibitions.
2383 Shopping cart identification signs.
2384 Shopping cart plan.
2385 Enforcement.
2380 Applicability.
This Article applies to:
A. Each business owner in the City that provides shopping carts for customer use on the
business premises: and
B. Any person who removes or who is in possession of or who has abandoned an off- site
shopping cart.
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Attachment 1
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2381 Definitions.
Administrator means the Director of Planning and Community Development or his or her
designee.
Business owner or owner means one or more persons or any legal entity, such as, but not
limited to, a corporation, limited liability company, partnership or association that owns a
business that provides shopping carts for customer use on the premises.
Off-site shopping cart means a shopping cart that has been removed from the premises where it
belongs in violation of the requirements of this Article.
Premises means the entire area owned or under the control of a business owner, including the
parking area and for businesses in a shopping center or other development where common
areas serve more than one business, the common area shared by the business with other
businesses in the development.
Shopping cart or cart means a basket or a similar device which is mounted on wheels and is
generally owned and used as part of a retail establishment and used by a customer for
transporting goods.
Shopping cart plan means a document submitted to the City by the business owner, under
Ukiah City Code Section 2384.C.
2382 Prohibitions.
A. Prohibitions Applicable to Business Owners. It is unlawful and a violation of this Article for a
business owner to:
1. Fail to affix an identifying sign to each shopping cart;
2. Fail to submit a shopping cart plan or request for exemption in conformance with Ukiah
City Code Section 2384.B;
3. Fail to comply with an approved shopping cart plan; or
4. Allow or authorize a shopping cart to be removed from the premises, except to allow for
shopping carts to be serviced or repaired by a qualified and licensed company off-site.
B. Other Prohibitions. It is unlawful and a violation of this Article for a person to:
1. Remove a shopping cart from the premises where it belongs; or
2. Possess an off-site shopping cart; or
3. Abandon an off-site shopping cart; or
4. Alter, convert, or tamper with a shopping cart, or remove any part or portion thereof or
remove, obliterate or alter an identifying sign or serial numbers on a shopping cart.
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2383 Shopping cart identification signs.
The business owner shall have a sign permanently affixed to each cart in a prominent location.
The sign shall include all of the following information:
A. The identity of the owner of the cart or the business, or both;
B. The valid address or phone number of the business for returning the cart to the owner or
business;
C. Notice to the public that the unauthorized removal of the cart from the premises or the
unauthorized possession of the cart is a violation of state law and of the Ukiah City Code;
and
D. Notice to the public that there shall be no authorized removal of the cart from the premises.
2384 Shopping cart plan.
A. General requirement. Each owner of a business shall submit to the Administrator, obtain
approval from the Administrator, and effectively implement a shopping cart plan in
accordance with this Article.
B. Exemptions. A business owner is exempt from this Article, for two years at a time, if the
owner submits an exemption request and meets all of the following requirements:
1. The business has effective restraints that prohibit any carts from exiting the premises or
from operating off the premises. Examples of such effective restraints include but are not
limited to: poles attached to carts to keep them from passing a certain point; electronic
wheel locks on all carts which prevent wheels from rolling past the perimeter of the
premises; physical constraints such as bollards; and continuous use of courtesy clerks
to accompany customers and return the carts to the store.
2. The business secures all shopping carts during the hours the business is closed by
storing carts inside or locking them outside.
C. Contents of the shopping cart plan. The shopping cart plan shall include all of the following
elements:
1. Name, address and telephone number of the business, the business owner and the
name and telephone number of the on-site manager.
2. The number of on-site shopping carts, and a description of how the business owner
intends to comply with the requirements for sign identification on carts.
3. Public notices. A description of a customer education process by which the business
owner will inform customers that the removal or off-site possession or abandonment of
carts is a violation of state law and this Article. This information may include business
signs posted in prominent places, flyers, warnings on shopping bags, direct mail, in -
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store announcements, or other means demonstrated to be effective. Public notice to
customers shall include signage permanently affixed to each shopping cart that that
identifies the owner of the cart or the retailer, or both, as set forth in Business &
Professions Code Section 22435.1 and Section 2383 of this Code.
4. Employee training. A description of an annual (or more frequent) employee training
program to educate existing and new employees about the shopping cart plan.
5. Loss prevention. A description of the measures that the business owner will implement
to prevent the removal of shopping carts from the premises. These measures may
include any of those listed in subsection B of this section or use of security personnel to
prevent removal, security deposit for use of a cart, or other measures demonstrated to
be effective.
6. Cart retrieval. A plan for mandatory retrieval of off-site shopping carts on at least a
weekly basis, and within three business days of notice from the City under Ukiah City
Code Section 2385.A. The Administrator may require retrieval on a more frequent time
schedule based on the number of off-site carts from the business requiring retrieval. Cart
retrieval may be done by the business owner, business employees or agents, or a cart
retrieval service contracted for by the business owner or by a combination of owners. A
business owner is not required to retrieve an off-site cart in someone's possession and
containing personal property of the person.
7. Implementation: The plan shall describe the measures the owner intends to take to
prevent the removal of shopping carts from the premises, to retrieve off-site shopping
carts on at least a weekly basis, and to modify these measures should they result in
circumstances that would justify revocation of the plan as set forth in Subsection G of
this Section.
D. Administrator review. Within 30 days after a shopping cart plan is submitted, the
Administrator shall render a decision to approve or deny the plan, or to request additional
information. If a plan is rejected as incomplete or inadequate, or if additional information is
needed, the Administrator shall notify the owner in writing. The owner has 30 days from the date
such notification is given to submit the additional information or a complete or adequate plan, as
the case may be.
The Administrator may deny a plan on any of the following grounds:
1. The plan fails to include the information required under this Article or fails to adequately
address the required elements.
2. The plan fails to meet the standards contained in Subdivision C.5 to prevent removal of
carts.
3. Implementation of the plan violates this Article, or a local, state or federal law.
4. The owner knowingly makes a false statement in or omits material facts from the plan, or
any amendment.
E. Plan modification. The owner may submit a plan modification of any previously approved
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shopping cart plan to address changed circumstances or to modify ineffective provisions. The
Administrator shall review and consider the modification in the same manner set forth in
Subsection D of this Section.
F. Biennial renewal. Every two years a business owner may renew an exemption or a
previously approved shopping cart plan, without modification, if no more than six of the owner's
shopping carts have been found off-site within the previous three months. The owner shall
submit a written application for renewal by July 1st, together with the owner's statement that no
more than six of the business's shopping carts have been found off-site within the previous three
months.
G. Denial or revocation. The Administrator may revoke a plan approved under Subsection D of
this Section, deny a renewal under Subsection F of this Section, or revoke an exemption
granted under Subsection B of this Section if:
1. A shopping cart has been found on public property on seven or more occasions within
the prior three-month period;
2. The owner has failed to comply with a provision of this Article;
3. The owner has knowingly made a false statement or failed to disclose material
information in an application, an amendment or a report required or provided under this
Article.
2385 Enforcement.
A. Retrieval. Whenever the Administrator notifies a business owner of an off-site cart, either
verbally or in writing, the owner shall retrieve the cart within three business days.
B. Violations.
The following will be subject to any enforcement procedures permitted by law, as set forth in
Subsection C of this Section:
1. An owner who violates this Article or a provision of the owner's approved shopping cart
plan;
2. A person who removes or possesses or abandons a shopping cart off-site;
3. A person who alters, converts, or tampers with a shopping cart; or
4. An owner of real property who allows off-site carts to remain on his, her or its real
property.
C. The enforcement procedures permitted by law for violations of this Article include:
1. Revocation of an exemption under Ukiah City Code Section 2384.B.
2. The requirement for a stricter shopping cart plan.
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3. Prosecution as a misdemeanor under the authority of California Business and
Professions Code sections 22435.2, 22435.3 or 22435.13 or Section 6098 of this Code.
4. Imposition of a fine not exceeding (1) one hundred dollars ($100.00) for a first violation,
2) two hundred dollars ($200.00) for a second violation within the same year, and (3)
five hundred dollars ($500.00) for each additional violation within the same year.
5. Procedures for abatement of a nuisance under Ukiah City Code Sections 3452.K and
3402.A, the civil and criminal penalties in Ukiah City Code Section 3424, and any other
applicable administrative procedures contained in the Ukiah City Code.
6. Civil action for enforcement, including to abate a public nuisance by injunction, the City
Council declaring that a violation of this Article constitutes a public nuisance.
7. Proceedings for revocation of a use or site development permit, if applicable.
These enforcement procedures and penalties are cumulative with each other and any other
remedy available at law or in equity, and are not mutually exclusive. Any one or more of them
may apply and be used or charged in response to a single violation of this Article.
SECTION THREE. Article 11, entitled "Shopping Carts" is added to Chapter 1, Division 7 of the
Ukiah City Code and shall read as follows.
ARTICLE 11. SHOPPING CARTS
Sections:
6096 Unauthorized removal, alteration, or possession of a shopping cart.
6097 Definitions.
6098 Penalty for Violation.
6096 Unauthorized removal, alteration, or possession of a shopping cart.
It is unlawful and a public nuisance for any person to:
A. Remove a shopping cart from the business premises where it belongs; or
B. Possess or abandon an off-site shopping cart; or
C. Alter, convert, or tamper with a shopping cart, remove any part or portion thereof or remove,
obliterate or alter an identifying sign or serial numbers on a cart.
6097 Definitions.
All terms in this Article shall have the meaning stated in Section 2381 of this Code.
6098 Penalty for Violation.
In addition to the penalty prescribed in Business and Professions Code Section 22435.3 or any
amendment thereof, a violation of this Article is a misdemeanor, subject to a fine not exceeding
five hundred dollars ($500.00) or imprisonment in the County jail for a period not exceeding
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three (3) months, or by both such fine and imprisonment.
SECTION FOUR.
1. SEVERABILITY.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this
Ordinance, or its application to any person or circumstance, is for any reason held to be invalid
or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability
of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or
phrases of this Ordinance, or its application to any other person or circumstance. The City
Council of the City of Ukiah hereby declares that it would have adopted each section,
subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact
that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses
or phrases hereof be declared invalid or unenforceable.
2. EFFECTIVE DATE.
This Ordinance shall be published as required by law in a newspaper of general circulation in
the City of Ukiah, and shall become effective thirty (30) days after its adoption.
Introduced by title only on March 21, 2018, by the following roll call vote:
AYES: Councilmembers Brown, Scalmanini, Crane, Mulheren, and Mayor Doble
NOES: None
ABSENT: None
ABSTAIN: None
Adopted on April 4, 2018, by the following roll call vote:
AYES: Councilmembers Brown, Scalmanini, Crane, and Vice Mayor Mulheren
NOES: None
ABSENT: Mayor Doble
ABSTAIN: None
f
Maure-n Mulheren, Vic Mayor
ATTEST:
11/1_5.1)1A -e (*.6t (Z-•
Kristine Lawler, City Clerk
Page 7of7
Page 258 of 361
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ORDINANCE NO. 1191
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING ARTICLE 11
TO CHAPTER 1, DIVISION 7 OF THE UKIAH CITY CODE TO REGULATE ENFORCEMENT
OF SHOPPING CART CONTAINMENT AND RETRIEVAL ORDINANCE.
The City Council of the City of Ukiah ordains as follows:
SECTION ONE. Article 11, entitled "Shopping Carts" in Chapter 1, Division 7 of the Ukiah City
Code shall be amended to read as follows.
ARTICLE 11. SHOPPING CARTS
Sections:
6096 Unauthorized removal. alteration, or possession of a shopping cart.
6097 Definitions.
6098 Penalty for Violation.
6096 Unauthorized removal, alteration, or possession of a shopping cart.
It is unlawful and a public nuisance for any person to do any of the following acts, if a shopping
cart or laundry cart has a permanently affixed sign in compliance with Section 2383 of this Code:
A. Remove a shopping cart from the business premises where it belongs. with the intent to
temporarily or permanently deprive the business owner or business of possession of the cart: or
B. Possess or abandon an off-site shopping cart, with the intent to temporarily or permanently
deprive the business owner or business of possession of the cart; or
C. Alter, convert, or tamper with a shopping cart, remove any part or portion thereof or remove,
obliterate or alter an identifying sign or serial numbers on a cart. with the intent to temporarily or
permanently deprive the business owner or business of possession of the cart.
6097 Definitions.
All terms in this Article shall have the meaning stated in Section 2381 of this Code.
6098 Penalty for Violation.
Any person who knowingly or willfully violates any provision of this Article is guilty of
a misdemeanor.
SECTION FOUR.
1. SEVERABILITY.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance,
or its application to any person or circumstance, is for any reason held to be invalid or
unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of
the remaining sections, subsections, subdivisions, paragraphs. sentences, clauses or phrases of
1
Attachment 2
Page 259 of 361
this Ordinance, or its application to any other person or circumstance. The City Council of the
City of Ukiah hereby declares that it would have adopted each section, subsection, subdivision,
paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other
sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be
declared invalid or unenforceable.
2. EFFECTIVE DATE.
This Ordinance shall be published as required by law in a newspaper of general circulation in the
City of Ukiah, and shall become effective thirty (30) days after its adoption.
Introduced by title only on November 7, 2018, by the following roll call vote:
AYES: Councilmembers Brown, Scalmanini, Crane, Mulheren, and Mayor Doble
NOES: None
ABSENT: None
ABSTAIN: None
Adopted on December 5, 2018, by the following roll call vote:
AYES: Councilmembers Orozco, Brown, Scalmanini, Crane, and Mayor Mulheren
NOES: None
ABSENT: None
ABSTAIN: None
1\(
Maureen Mulheren, Mayor
ATTEST:
t Vb ' (iv
Kristine Lawler, City Clerk
2
1
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Agenda Item No: 12.d.
MEETING DATE/TIME: 9/2/2020
ITEM NO: 2020-481
AGENDA SUMMARY REPORT
SUBJECT: Continued Discussion and Possible Adoption of Resolution Amending Procedures for Annual
Appointment and Rotation of Mayor, Vice Mayor, and City Councilmembers.
DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk
PRESENTER: Kristine Lawler, City Clerk
ATTACHMENTS:
1. Dais Seating
2. Mayor Rotation Scenarios
3. Resolution - Redline
4. Resolution A
5. Resolution B
Summary: The City Council will continue their discussion and possibly adopt a resolution amending the
guidelines for the annual councilmember rotations.
Background: In 2011, the City Council adopted resolution 2011-44, which established guidelines for how the
Mayor and Councilmembers rotate their seating from year to year. The guidelines are based on seniority in a
number of given situations, which can sometimes be unclear and requires interpretation by staff for what
recommendations to make to Council.
On December 4, 2019, the Council held a discussion followed by the appointment of Mayor Crane and
Councilmember Brown to serve on a Mayor Rotation ad hoc, to review the Mayor rotation guidelines and
determine if they could be modified to address the discussed concerns.
On August 5, 2020, Council held a discussion for this item, and then continued this item to the August 19th
meeting for further discussion and consideration.
On August 19, 2020, due to the late hour of the evening, this item was continued to the September 2nd
meeting.
Discussion: The Mayor Rotation ad hoc met and a revised rotation method – shown below - was proposed.
Proposed Method:
Based on the following seating arrangement (See Attachment 1 for image of Dais seating):
Seat 1 – Farthest to Mayor’s right
Seat 2 – Middle seat to Mayor’s right
Seat 3 – Directly to Mayor’s right
Vice Mayor
Mayor
Each year, all members will rotate as follows:
Seat 1 to Seat 2
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Seat 2 to Seat 3
Seat 3 to Vice Mayor
Vice Mayor to Mayor
Outgoing Mayor to Seat 1
Rotation with Incoming Councilmembers:
• Outgoing Mayor will rotate into Seat 1.
• New member will rotate into Seat 2, which will give the new member a chance to be Mayor once during their
first term.
o If there are two new members, then they will rotate into Seat 2 & 3.
o If there are three new members:
– This is the only scenario where – using the new method – a new member would rotate directly
into the Vice Mayor position (see Attachment 2, highlighted scenario.) Alternatively, the three new
members could rotate into Seat 1, 2 & 3; this would put the outgoing mayor back into the vice
mayor position, and put the incoming member with the least amount of votes into Seat 1, which
would most likely not give them a chance to be mayor in their first term.
– The seniority given to three new members would remain the same as the current method. With
the member having received the most votes going into the most advanced seat.
• Appointed members to unfulfilled terms will be treated as new members in respect to the rotations.
There are an infinite number of combinations and possibilities for how various rotations would look over time;
however, Attachment 2 provides some scenarios to show how the proposed method could look over the next
couple of years.
Staff Recommendations:
Staff recommends that the City Council have a discussion regarding the following points:
• To keep the old method of rotation, go with the new method, or return back to the ad hoc with direction.
• If going with the new method, discuss the following options regarding the scenario of three new members:
Option A – Incoming members would go into Seat 2, 3, and the Vice Mayor position – meaning the
member with the most votes would be placed directly into the Vice Mayor position; this option giving all
three incoming members a chance to be mayor once during their first term.
Option B – Incoming members would go into Seat 1, 2, and 3 - meaning the outgoing mayor would
rotate directly back to the vice mayor position, and the new member with the least votes would likely not
be mayor in their first term.
• If going with the new method, then adopt one of the following resolutions (a redline version has been
provided for reference as Attachment 3):
- Resolution for Option A (Attachment 4)
- Resolution for Option B (Attachment 5)
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Recommended Action: 1) Conduct a discussion per staff recommendations; and 2) If Council decides to go
with the proposed method of rotation, then adopt Resolution A or B, depending on which option Council
chooses; or 3) If Council decides not to go with the proposed method, then give direction to the ad hoc and
staff.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Mayor Rotation Ad Hoc Committee (Crane;Brown) and Sage Sangiacomo, City
Manager.
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DAIS SEATING
Audience
ATTACHMENT 1
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MAYOR ROTATION SCENARIOS USING PROPOSED NEW METHOD OF ROTATION
Proposed Rotation Method: Leaving Mayor always rotates to Seat 1 on the far right. Incoming members start in the middle seat (this allows a chance to be mayor in a four‐year term. All other members rotate one seat up starting from Seat 1, 2, 3, Vice‐Mayor, then Mayor.
RED = Councilmember Term Expirations 2022, 2026, 2030, 2034
BLUE = Councilmember Term Expirations 2020, 2024, 2028, 2032
2019 2020 ‐ Election Year, 2 blue Seats 2021
Scenario 1: Current Positions Scenario 2: No New Members Scenario 3: No New Members from 2
MAYOR CouncilMember 1: 2006;2010;2012;2016 Councilmember 2: 2018 Councilmember 3: 2015;2016
VICE‐MAYOR Councilmember 2: 2018 Councilmember 3: 2015;2016;2020 Councilmember 4: 2014;2018
SEAT 3 ‐ next to Mayor CouncilMember 3: 2015;2016 CouncilMember 4: 2014;2018 CouncilMember 5: 2014;2018
SEAT 2 ‐ middle CouncilMember 4: 2014;2018 CouncilMember 5: 2014;2018 CouncilMember 1: 2006;2010;2012;2016;2020
SEAT 1 ‐ far right CouncilMember 5: 2014;2018 CouncilMember 1: 2006;2010;2012;2016;2020 Councilmember 2: 2018
Scenario 2a: CM 1 Replaced Scenario 3a: No New Members from 2a Scenario 4a: CM 2 Replaced from 3a Scenario: CM 2 Replaced from 3
MAYOR Councilmember 2: 2018 Councilmember 3: 2015;2016 CouncilMember 4: 2014;2018;2022 CouncilMember 4: 2014;2018;2022
VICE‐MAYOR Councilmember 3: 2015;2016 CouncilMember 4: 2014;2018 CouncilMember 5: 2014;2018;2022 CouncilMember 5: 2014;2018;2022
SEAT 3 ‐ next to Mayor CouncilMember 4: 2014;2018 CouncilMember 5: 2014;2018 Councilmember 6: 2020 CouncilMember 1: 2006;2010;2012;2016;2020
SEAT 2 ‐ middle CouncilMember 5: 2014;2018 Councilmember 6: 2020 Councilmember 7: 2022, new Councilmember 6: 2022, New
SEAT 1 ‐ far right Councilmember 6: 2020, new Councilmember 2: 2018 CouncilMember 3: 2015;2016 CouncilMember 3: 2015;2016;2020
Scenario 2b: CM 3 Replaced Scenario 3b: No New Members from 2b Scenario 4b: CM 4 Replaced from 3b Scenario: CM 4 Replaced from 3
MAYOR Councilmember 2: 2018 CouncilMember 4: 2014;2018 CouncilMember 5: 2014;2018 CouncilMember 5: 2014;2018
VICE‐MAYOR CouncilMember 4: 2014;2018 CouncilMember 5: 2014;2018 Councilmember 1: 2006;2010;2012;2016 Councilmember 1: 2006;2010;2012;2016;2020
SEAT 3 ‐ next to Mayor CouncilMember 5: 2014;2018 CouncilMember 1: 2006;2010;2012;2016 CouncilMember 6: 2020 Councilmember 2: 2018
SEAT 2 ‐ middle CouncilMember 1: 2006;2010;2012;2016 CouncilMember 6: 2020 Councilmember 2: 2018 Councilmember 6: 2022, new
SEAT 1 ‐ far right CouncilMember 6: 2020, new Councilmember 2: 2018 Councilmember 7: 2022, new CouncilMember 3: 2015;2016
Scenario 2c: CM 1 & 3 Replaced Scenario 3c: No New Members from 2c Scenario 4c: CM 5 Replaced from 3c Scenario 4 : CM 5 Replaced from 3
MAYOR Councilmember 2: 2018 CouncilMember 4: 2014;2018 Councilmember 6: 2020 CouncilMember 4: 2014;2018
VICE‐MAYOR CouncilMember 4: 2014;2018 CouncilMember 5: 2014;2018 Councilmember 7: 2020 Councilmember 1: 2006;2010;2012;2016;2020
SEAT 3 ‐ next to Mayor CouncilMember 5: 2014;2018 Councilmember 6: 2020 Councilmember 2: 2018 Councilmember 2: 2018
SEAT 2 ‐ middle Councilmember 6: 2020, new Councilmember 7: 2020 Councilmember 8: 2022, new Councilmember 6: 2022, new
SEAT 1 ‐ far right Councilmember 7: 2020, new Councilmember 2: 2018 CouncilMember 4: 2014;2018 CouncilMember 3: 2015;2016;2020
Scenario 2d: CM 1, 3, & 5 Replaced Scenario 3d: No New Members from 2d Scenario 4d: CM 2,4 Replaced from 3d Scenario 4 : CM 2,4 Replaced from 3
MAYOR Councilmember 2: 2018 CouncilMember 4: 2014;2018 Councilmember 6: 2020 CouncilMember 5: 2014;2018
VICE‐MAYOR CouncilMember 4: 2014;2018 Councilmember 6: 2020 Councilmember 7: 2020 CouncilMember 1: 2006;2010;2012;2016;2020
SEAT 3 ‐ next to Mayor Councilmember 6: 2020, new Councilmember 7: 2020 CouncilMember 8: appt to fill term Councilmember 6: 2022, new
SEAT 2 ‐ middle Councilmember 7: 2020, new CouncilMember 8: appt to fill term Councilmember 9: 2022, new Councilmember 7: 2022, new
SEAT 1 ‐ far right CouncilMember 8: appt to fill term, new Councilmember 2: 2018 Councilmember 10: 2022, new Councilmember 3: 2015;2016
Scenario 4e: CM 2,5 Replaced from 3
MAYOR Councilmember 4: 2014;2018
VICE‐MAYOR CouncilMember 1: 2006;2010;2012;2016;2020
SEAT 3 ‐ next to Mayor Councilmember 6: 2022, new
SEAT 2 ‐ middle Councilmember 7: 2022, new
SEAT 1 ‐ far right Councilmember 3: 2015;2016
Scenario 4f: CM 4,5 Replaced from 3
MAYOR CouncilMember 1: 2006;2010;2012;2016;2020
VICE‐MAYOR Councilmember 2: 2018
SEAT 3 ‐ next to Mayor Councilmember 6: 2022, new
SEAT 2 ‐ middle Councilmember 7: 2022, new
SEAT 1 ‐ far right Councilmember 3: 2015;2016
Scenario 4g: CM 2,4,5 Replaced from 3
MAYOR CouncilMember 1: 2006;2010;2012;2016;2020
VICE‐MAYOR Councilmember 6: 2022, new
SEAT 3 ‐ next to Mayor Councilmember 7: 2022, new
SEAT 2 ‐ middle Councilmember 8: 2022, new
SEAT 1 ‐ far right Councilmember 3: 2015;2016
Councilmember 2: 2018;2022
CouncilMember 3: 2015;2016;2020
2022 ‐ Election Year, 3 red Seats
Scenario 4: No New Members from 3
CouncilMember 4: 2014;2018;2022
CouncilMember 5: 2014;2018;2022
CouncilMember 1: 2006;2010;2012;2016;2020
ATTACHMENT 2
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Resolution No. 2006-04
Page 1of 1
RESOLUTION NO. 20112020-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING RULES
GOVERNING COUNCIL MEETINGS
WHEREAS,
1.The City Council has adopted by resolution Procedures of Conduct for City Council Meetings,
last revised on July 20, 2005November 2, 2011 (“Procedures”); and
2.The City Council has determined to revise the rules governing the Mayoral Rotation and Seating
Arrangement for Council.
NOW, THEREFORE, BE IT RESOLVED that the title and Section 7 of the Procedures are
amended as follows:
TITLE: City of Ukiah City Council Meeting Procedures
SECTION 7. VOTING PROCEDURE
I. Mayoral Rotation and Seating Arrangement for Council
It is the policy of the City Council that the office of Mayor be rotated insofar as possible among
the members of the City Council and that the Mayor shall serve a term of one year or until a
successor is appointed. The City Council shall choose one of its members as Mayor, and one
of its members as Vice Mayor, at the same regular meeting in the month of December when
the election results are presented.
Rotation is based on the following seating arrangement:
Seat 1 – Farthest to Mayor’s right
Seat 2 – Middle seat to Mayor’s right
Seat 3 – Directly to Mayor’s right
Vice Mayor
Mayor
Mayor
CCM
Seat 2Vice
Mayor Most
Senior
CCMSeat 3
Least Senior
CCM
Seat 1
City
Manager
City
Attorney
ATTACHMENT 3
Page 266 of 361
Resolution No. 2006-04
Page 2of 1
Each year, all members will rotate as follows:
Seat 1 to Seat 2
Seat 2 to Seat 3
Seat 3 to Vice Mayor
Vice Mayor to Mayor
Outgoing Mayor to Seat 1
Incoming Councilmembers:
- Outgoing Mayor will
[Resolution A] rotate into Seat 1.
[Resolution B] either rotate into Seat 1, or into Vice Mayor position if there are three
incoming members.
- New member will rotate into Seat 2;
- If there are two new members, then they will rotate into Seat 2 & 3.
- If there are three new members:
[Resolution A] then incoming members will go into Seat 2, 3, and the Vice Mayor position,
with the member having received the most votes going into Vice Mayor position, and the
member with the least votes going into Seat 2.
[Resolution B] then incoming members will go into Seat 1, 2, and 3, with the member
having received the most votes going into Seat 3, and the member with the least votes
going into Seat 1.
- Appointed members to unfulfilled terms will be treated as new members in respect to the
rotations.
The rotation is based on seniority. The Vice Mayor shall replace the outgoing Mayor. It is
the intent and desire of the City Council to allow every member the opportunity to serve as
Mayor, and consideration is given to those members of the Council who have not previously
served as Mayor unless all members have so served.
The City Council shall, at its first regular meeting in the month of December, meet and
choose one of its members as Mayor, and one of its members as Vice Mayor. The Mayor’s
seat shall be filled by the most senior member in length of uninterrupted service who has
not previously served as Mayor. The Councilmember selected as Mayor, however, shall
have served at least one year as a member of the City Council.
Where all Councilmembers have served a term as Mayor, the person to be selected as
Mayor shall be the person who has not served as Mayor for the longest period of time. If
the person who has not served as Mayor for the longest period of time declines the
position, then the person who has not served as Mayor for the longest period of time other
than the declining Councilmember or Councilmembers shall be selected.
When a selection of Mayor is to be made from a Councilmember who has not yet served as
Mayor, the person who is otherwise qualified and has served on the Council the longest
without being Mayor shall be selected as Mayor. In the case where two or more persons
qualified to be selected as Mayor have served the same amount of time as a
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Resolution No. 2006-04
Page 3of 1
Councilmember without being Mayor, the person selected shall be the person who received
the most votes at their initial election.
At the time of selection of the Mayor in any given year, the individual who would qualify to
be selected as Mayor in the next following year, using the criteria above, shall be named
Vice Mayor for the current year.
If a Councilmember declines to serve as Vice Mayor, the Council will decide by formal action
where the member will fit into the rotation at the December meeting. The Council has the
ultimate discretion to elect or not elect any Councilmember for any office at the December
meeting.
The Mayor and Councilmembers shall be seated as follows, seating assignments given from
the perspective facing the audience:
A. The Mayor and Councilmembers shall sit in the five of seven furthest rightward
positions on the dais.
B. The Mayor’s position shall be the fourth from the right or center of the dais.
C. The Vice Mayor shall be seated immediately to the Mayor’s left or left hand side.
D. Following the installation of new Councilmembers into office, Councilmembers leaving
office shall immediately step down from the dais. Incumbent Councilmembers shall
then assume any positions vacated to their left. Newly elected or appointed
Councilmembers shall be seated at the far right of the dais. If more than one
Councilmember is newly elected, they shall be seated in order of votes cast, with the
lowest vote getter being seated furthest right and the highest vote getter being seated
to the left.
E. Except as described in subsection F below, following the annual rotation of the Vice
Mayor, the exiting Vice Mayor shall move right to the Mayor’s position in the center of
the dais, the newly selected Vice Mayor shall move to the Mayor’s left hand side, and
the remaining Councilmembers shall move one seat to their left.
F. Following the annual rotation of the Vice Mayor during general election years, the
newly elected Councilmembers shall remain in the furthest right seats and only
incumbent Councilmembers shall rotate positions as described in subsection E above.
G. To the extent that the foregoing rules do not address Councilmember seating changes
or rotations, the City Council shall determine the seating location by formal action of
the same at a regular, special, or adjourned meeting.
Mayor
CCM
Vice
Mayor Most
Senior
CCM
Least Senior
CCM
City
Manager
City
Attorney
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Resolution No. 2006-04
Page 4of 1
BE IT FURTHER RESOLVED that the amended version of Section 7 as contained in this
Resolution shall replace Section 7 in the City Council Meeting Procedures as it read prior to the
adoption of this Resolution.
PASSED AND ADOPTED this 2nd 5th day of NovemberAugust, 20112020, by the following roll call
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Mari RodinDouglas F. Crane, Mayor
ATTEST:
______________________________
JoAnne CurrieKristine Lawler, City Clerk
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ATTACHMENT 4 (Option A)
Page 1 of 1
RESOLUTION NO. 2020-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING RULES
GOVERNING COUNCIL MEETINGS
WHEREAS,
1. The City Council has adopted by resolution Procedures of Conduct for City Council Meetings,
last revised on November 2, 2011 (“Procedures”); and
2. The City Council has determined to revise the rules governing the Mayoral Rotation and Seating
Arrangement for Council.
NOW, THEREFORE, BE IT RESOLVED that the title and Section 7 of the Procedures are
amended as follows:
TITLE: City of Ukiah City Council Meeting Procedures
SECTION 7. VOTING PROCEDURE
I. Mayoral Rotation and Seating Arrangement for Council
It is the policy of the City Council that the office of Mayor be rotated among the members of the
City Council and that the Mayor shall serve a term of one year or until a successor is
appointed. The City Council shall choose one of its members as Mayor, and one of its
members as Vice Mayor, at the regular meeting in the month of December when the election
results are presented.
Rotation is based on the following seating arrangement:
Seat 1 – Farthest to Mayor’s right
Seat 2 – Middle seat to Mayor’s right
Seat 3 – Directly to Mayor’s right
Vice Mayor
Mayor
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ATTACHMENT 3 (Option A)
Page 2 of 1
Each year, all members will rotate as follows:
Seat 1 to Seat 2
Seat 2 to Seat 3
Seat 3 to Vice Mayor
Vice Mayor to Mayor
Outgoing Mayor to Seat 1
Incoming Councilmembers:
Outgoing Mayor will rotate into Seat 1.
New member will rotate into Seat 2;
If there are two new members, then they will rotate into Seat 2 & 3.
If there are three new members, then incoming members will go into Seat 2, 3, and the
Vice Mayor position, with the member having received the most votes going into the
Vice Mayor position, and the member with the least votes going into Seat 2.
Appointed members to unfulfilled terms will be treated as new members in respect to the
rotations.
If a Councilmember declines to serve as Vice Mayor, the Council will decide by formal action where
the member will fit into the rotation at the December meeting. The Council has the ultimate
discretion to elect or not elect any Councilmember for any office at the December meeting.
BE IT FURTHER RESOLVED that the amended version of Section 7 as contained in this
Resolution shall replace Section 7 in the City Council Meeting Procedures as it read prior to the
adoption of this Resolution.
PASSED AND ADOPTED this 5th day of August, 2020, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Douglas F. Crane, Mayor
ATTEST:
______________________________
Kristine Lawler, City Clerk
Page 271 of 361
ATTACHMENT 5 (Option B)
Page 1 of 1
RESOLUTION NO. 2020-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING RULES
GOVERNING COUNCIL MEETINGS
WHEREAS,
1. The City Council has adopted by resolution Procedures of Conduct for City Council Meetings,
last revised on November 2, 2011 (“Procedures”); and
2. The City Council has determined to revise the rules governing the Mayoral Rotation and Seating
Arrangement for Council.
NOW, THEREFORE, BE IT RESOLVED that the title and Section 7 of the Procedures are
amended as follows:
TITLE: City of Ukiah City Council Meeting Procedures
SECTION 7. VOTING PROCEDURE
I. Mayoral Rotation and Seating Arrangement for Council
It is the policy of the City Council that the office of Mayor be rotated among the members of the
City Council and that the Mayor shall serve a term of one year or until a successor is
appointed. The City Council shall choose one of its members as Mayor, and one of its
members as Vice Mayor, at the regular meeting in the month of December when the election
results are presented.
Rotation is based on the following seating arrangement:
Seat 1 – Farthest to Mayor’s right
Seat 2 – Middle seat to Mayor’s right
Seat 3 – Directly to Mayor’s right
Vice Mayor
Mayor
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ATTACHMENT 4 (Option B)
Page 2 of 1
Each year, all members will rotate as follows:
Seat 1 to Seat 2
Seat 2 to Seat 3
Seat 3 to Vice Mayor
Vice Mayor to Mayor
Outgoing Mayor to Seat 1
Incoming Councilmembers:
Outgoing Mayor will either rotate into Seat 1, or into Vice Mayor position if there are
three incoming members.
New member will rotate into Seat 2;
If there are two new members, then they will rotate into Seat 2 & 3.
If there are three new members, then incoming members will go into Seat 1, 2, and 3,
with the member having received the most votes going into Seat 3, and the member
with the least votes going into Seat 1.
Appointed members to unfulfilled terms will be treated as new members in respect to the
rotations.
If a Councilmember declines to serve as Vice Mayor, the Council will decide by formal action where
the member will fit into the rotation at the December meeting. The Council has the ultimate
discretion to elect or not elect any Councilmember for any office at the December meeting.
BE IT FURTHER RESOLVED that the amended version of Section 7 as contained in this
Resolution shall replace Section 7 in the City Council Meeting Procedures as it read prior to the
adoption of this Resolution.
PASSED AND ADOPTED this 5th day of August, 2020, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Douglas F. Crane, Mayor
ATTEST:
______________________________
Kristine Lawler, City Clerk
Page 273 of 361
Page 1 of 3
Agenda Item No: 12.e.
MEETING DATE/TIME: 9/2/2020
ITEM NO: 2020-550
AGENDA SUMMARY REPORT
SUBJECT: Discussion with Possible Direction to Staff Regarding Draft Objective Development and Design Standards and Flexible
Parking Options for Multi-family Residential Development.
DEPARTMENT: Community
Development PREPARED BY: Mireya Turner, Planning Manager
PRESENTER: Mireya Turner, Planning Manager
ATTACHMENTS:
1. Flexible Parking Options
2. Objective Standards
3. PC and DRB Minutes
Summary: City Council will discuss and possibly provide direction to Staff on the draft Objective Design and
Development Standards and the Flexible Parking Standards.
Background:
The 2019-2027 General Plan Housing Element Tasks 1e and 3b read as follows:
1e. "Develop standards and design guidelines for residential development in the Medium Density
Residential (R-2) and High Density Residential (R-3), Community Commercial (C-1) and Heavy
Commercial (C-2) zoning districts."
3b. "Develop flexible parking policies for new residential development."
Council's review and possible direction on the draft Standards is a part of the City's ongoing effort to
accomplish the Implementing Programs of the Housing Element. SB 2 grant funding is dedicated to this
priority.
SB 2 planning grant funds were awarded by the State Department of Housing and Community Development
(HCD) to the City in October 2019 through Standard Agreement #19-PGP-13298, in the amount of $160,000,
to facilitate efforts to streamline the production of housing. As described in the grant application, the City's
Project "Priority Policy Area (PPA) 1" is to establish,
"Zoning revisions to streamline multi-family housing production-by-right housing; development of
objective design and development standards; and development of zoning recommendations for
additional housing incentives."
The area required for parking in multi-family dwellings can be cost-prohibitive for developers, while also not
reflective of today's residents and their various modes of travel. Flexible parking standards in new residential
development will support and encourage housing, particularly for lower-income housing stock. Objective
development and design standards offer developers the opportunity to save between two and five months in
the entitlement approval process by removing the design review process for individual projects. The Objective
Standards allow for flexibility while holding a development project to standards in order to produce housing
that fits and complements the City's residential character.
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Page 2 of 3
The Public Review Drafts of the Flexible Parking Standards and Objective Design and Development
Standards are included as Attachments 1 and 2.
Flexible Parking Standards
The Design Review Board and Planning Commission reviewed the draft Flexible Parking Standards at a Joint
Meeting on June 10, 2020. Both bodies approved a recommendation of the Moderate Reduction to Residential
Parking Standards, and Unbundled Parking Options with a minimum requirement of one (1) standard parking
space per unit of housing.
Objective Design and Development Standards
At its June 25, 2020 meeting, the Design Review Board recommended approval of the Objective Design and
Development Standards, and requested the following comments be conveyed to the Council:
• Remove A.9.c Street-facing Structures. Structures at the street shall have a front entry oriented to the
street.
• Add an indoor parking option to A.14 Parking and Circulation.
• Remove 14.a.4.b Carports shall be located no more than 50 feet from the dwelling units they serve.
• Amend B.7.c.1 to read: "Non-reflective standing seam metal roofs in shades of tan, brown, black, red,
and light blue."
• Amend B.8 Screening to read, "All screening of ground-mounted, wall-mounted, and roof-mounted
equipment shall be painted in accordance with the approved color palette for the project. Visual
screening shall be installed if ground-mounted or wall-mounted equipment faces the street."
• Add requirement, "The edge of veneers should not be obvious, such as by avoiding vertical joints at
exterior corners."
The Planning Commission approved consensus on the following comments at their July 22, 2020 meeting:
• Add/modify language to clarify and differentiate between 10.a.3 Landscaping and 11.b.3 Site
Landscaping.
• Modify 11.b.4 to read as follows, "In addition to the Exterior Lighting standards in Subsection (A)(15),
public open spaces shall incorporate accent lighting. Accent lighting may include string lighting in trees
or crisscrossed over pedestrian area via courtyards, or plazas; tree up-lighting; lighting in fountains; or
lighting of significant structures or architectural design features."
• Modify B.7.c.1 Roof Design and Materials to read as follows, "Non-reflective standing seam metal roofs
in shades of tan, brown, black, light blue, red, and green.
On August 12, 2020, the Planning Commission approved a approval to the City Council of the Objective
Design and Development Standards. Additionally, they requested Staff convey their concern of a possible
conflict between the Guest Parking (Objective Design and Development Standards, Section 14.a.4.b) and the
Maximums in Lieu of Minimums option within the Flexible Parking Standards. The Commission recommended
a reduction in the number of guest parking spaces required per unit of housing, as a possible remedy to the
conflict.
The Minutes of the above-described meetings are included as Attachment 3.
Agency Comments
Administrative Review Drafts of the Objective Standards and Flexible Parking Standards were circulated to the
City of Ukiah Community Development Department – Building Division, Public Works Department, Electric
Utility Department, Police Department, and Ukiah Valley Fire Authority. No changes were requested by these
agencies.
Environmental Documentation
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Page 3 of 3
The California Environmental Quality Act (CEQA) defines a project as an activity which may cause either a
direct physical change in the environment, or a reasonably foreseeable indirect physical change in the
environment, and which is any of the following (Sections 15378 and 21065):
(a) An activity directly undertaken by any public agency.
(b) An activity undertaken by a person which is supported, in whole or in part, through contracts, grants,
subsidies, loans, or other forms of assistance from one or more public agencies.
(c) An activity that involves the issuance to a person of a lease, permit, license, certificate, or other entitlement
for use by one or more public agencies.
Consideration of the Objective Development and Design Standards and Flexible Parking Standards for Staff
direction is not a project within this CEQA definition, and therefore, a CEQA determination is not required.
Discussion: The City Council is asked to review and provide direction to Staff on the draft Objective Design
and Development Standards and the Flexible Parking Standards. The two sets of standards, as approved by
Council, will be integrated into a comprehensive Zoning Code update addressing housing. The draft Zoning
Code update will go through the required agency reviews of a zoning text amendment and will return to
Council for final review and possible adoption at a future meeting.
Recommended Action: Staff recommends the Council review the draft Flexible Parking Standards, and the
draft Objective Design and Development Standards, and provide Staff with direction.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Mireya Turner, Planning Manager
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Flexible Parking Standards
PARKING FOR NEW RESIDENTIAL DEVELOPMENT
What are Parking
Standards?
Parking standards are
regulations set forth by a county
or city requiring new buildings to
include a fixed minimum number
of off-street parking spaces
based on an assumed demand
for parking generated by the
building use.
This practice dates back to the
early 1950s when rapid urban
and suburban development
resulted in a dramatic increase in
the number of privately owned
cars and a shortage of parking
spaces.
California is amid a housing crisis. Communities throughout the State
are challenged with accommodating their fair share of housing
production, many of which are exploring innovative solutions to that
challenge. One such strategy is reexamining the number of parking
spaces required for new residential development. Through its Zoning
Code, the City of Ukiah has a unique opportunity to reduce parking
requirements in order to remove barriers to and reduce costs for multi-
family and low-income housing development.
Overview
Through their zoning code, most cities establish a minimum number of
off-street parking spaces that must be created for each dwelling unit in a
residential development. These requirements can be based on the
number of bedrooms in each unit or on a per unit basis, and sometimes
may even vary by project or location.
Parking standards are created to ensure that new residents have a
dedicated space for their vehicles without creating a burden on on-street
and public parking. However, these same parking requirements often
lead to an increase in the cost of developing housing by increasing the
land area required for a residential project. In turn, residential
developments, especially multi-family and low-income projects, become
increasingly more expensive and less affordable. Due to the increased
cost of construction, tenants end up paying higher housing costs even if
they don’t use the parking spaces. Most often, the parking requirements
go beyond what is actually needed to ensure that residents have
adequate parking, which results in an excess of unused parking spaces.
Communities seeking to expand the supply of housing are revisiting their
zoning codes to determine whether current parking requirements can be
reduced. In doing so, those communities may reduce the cost of housing
for residents, potentially lower development costs, and potentially free
up land for additional dwelling units.
Attachment 1
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City of Ukiah Housing Element (2019-2027)
The Housing Element is one of seven State mandated elements that
every general plan must contain. This Element provides an analysis of
existing barriers to development, the community’s housing needs for all
income levels, and the strategies to respond to those needs. Adopted on
October 23, 2019, the City of Ukiah, with assistance from the State
Department of Housing and Community Development (HCD), updated its
Housing Element for the 2019-2027 planning cycle. This update brought
about substantive changes in format and content from the previously
adopted Element to address the multitude of policy changes brought
about by the 2017 Housing Bills package signed into law by the Governor.
One barrier to affordable housing the Housing Element addresses is
parking standards and requirements. According to the Element,
excessive parking requirements may serve as a constraint to residential
development by increasing development costs and reducing the amount
of land available for additional units or project amenities. As discussed in
further detail in the Ukiah City Code: Zoning (Chapter 2) section of this
paper, the City generally requires one parking space for one-bedroom
apartment units and two spaces for two-bedroom apartment units.
Relief from these parking requirements may be granted in some
instances through the discretionary review process. These instances
include day and nighttime use offsets, mixed-use developments, and
special housing developments (i.e. housing for seniors and disabled
persons).
Based on feedback from multi-family developers and community
stakeholders during the Housing Element Update, the City learned that
despite the flexibility in existing parking standards, the requirements
may be unintentionally resulting in a reduction of the number of dwelling
units feasible on a site. In particular, the requirements may serve as a
potential constraint to the development of moderate-income, and
affordable housing. To address this issue, the 2019-2027 Housing
Element included the following goal, policies, and implementation
program regarding parking requirement constraints:
Goal H-3: Remove governmental constraints to infill housing
development.
Policies to Support Goal H-3
Policy 3-1: Improve building and planning permit processing for
residential construction.
Policy 3-2: Encourage the use of density bonuses and provide
other regulatory concessions to facilitate housing development.
What is a General
Plan?
California law requires that
every city and county adopt a
general plan “for the physical
development of the city and any
land outside its boundaries that
bear relation to its planning”
(California Government Code
Section 65300, et. Sec.).
A general plan serves as the
jurisdiction’s “constitution” or
“blueprint” for future decisions
concerning a variety of topics
including land use, health and
safety, and circulation. The
Housing Element and Land Use
Element are two of the seven
State-mandated elements of the
Ukiah General Plan that set forth
both land use and housing
policies in the community.
The OPR General Plan Guidelines aids
cities and counties in the preparation and
content of general plans
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Implementation Program to Support Goal H-3
3b: Develop flexible parking policies for residential development.
The intent of this policy is to reduce parking requirements;
especially in zoning districts that allow foe lower-income housing
developments.
Responsibility: Community Development Department, Planning
Services Division; Planning Commission; City
Council
Funding: Department budget and other funding sources
as available.
Schedule: Complete draft policy by June 30, 2020.
The following summarizes other key goals in the Housing Element related
to the production and preservation of multi-family and special needs
housing:
Goal H-2. Expand housing opportunities for all economic
segments of the community, including special needs populations.
Goal H-4. Promote well-planned and designed housing
opportunities and projects for all persons, regardless of race,
gender, age, sexual orientation, marital status, or national origin.
Goal H-5. Provide support for future housing needs.
To help achieve these goals, the Housing Element includes the following
policies related to the development of multi-family and special needs
hosing:
Policy 2-2: Encourage the development of a variety of different
types of housing.
Policy 2-5: Facilitate the production of housing for all segments
of the Ukiah population, including those with special needs.
Policy 5-2: Continue to encourage and facilitate public
participation in the formulation and review of the City’s housing
and development policies.
Policy 5-3: Assume a leadership role in the development of all
types of housing in the community.
The City of Ukiah Housing Element was
adopted on October 23, 2019, for the 2019-
2027 Planning Cycle.
.
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City of Ukiah Land Use Element (1995)
Similar to the Housing Element, the Land Use Element is one of the seven mandated
elements California law requires to be a part of a general plan. The purpose of a Land
Use Element is to identify the locations and types of land uses that are to be
designated throughout a city and its planning area. These land use classifications are
intended to show the future use of lands during the life cycle of a general plan.
The Element provides broad classifications for how land can be used. Subsequently,
these classifications form the foundation upon which the zoning and subdivision
regulations are developed. It is from the implementation of these regulations, that
the goals, policies, and implementation measures specified in the General Plan are
applied. The culmination of all General Plan policy programs in the Land Use Element
ultimately define what kind of uses are permitted and which regulations govern
them.
Ukiah City Code: Zoning (Chapter 2)
A zoning code, or ordinance, establishes regulations that, in part, implement the
General Plan and determine how property in a city can be used. Zoning codes
typically establish zoning districts that specify allowable uses (e.g., residential,
commercial, industrial) and development standards (e.g., structure height, setbacks,
lot size, parking requirements). The Ukiah Zoning Code generally allows duplexes and
multi-family residential developments in seven districts:
• Medium Density Residential
(R-2)
• High Density Residential (R-3)
• Heavy Commercial (C-2) • Community Commercial (C-1)
• General Urban (GU) • Urban Center (UC)
• Downtown Core (DC)
Parking standards are set forth in Division 9, Chapter 2, Section 17.9198 of the Ukiah
City Code. Generally, the Code requires two parking spaces for single family homes
and duplexes, one parking space for one-bedroom apartment units and two spaces
for two-bedroom apartment units (see Table 1). Mixed use projects containing a
commercial component generally require one space per every 250 square feet of
gross leasable space.
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Table 1 – Number of Parking Spaces Required
Residential Parking Requirements
Land Use Number of Spaces Required
Single-Family Dwellings 2.0 spaces per dwelling unit
Duplexes 2.0 spaces per dwelling unit
Multiple-Family and
Condominiums
1.0 parking space for one bedroom units;
2.0 parking spaces for two or more
bedroom units
Source: Chapter 2, Section 17.9198(A) Number of Parking Spaces Required , 2020.
Parking Reduction Policies
The existing Zoning Code allows slight deviations from the parking
standards through a discretionary review process depending on specific
circumstances. For example, in any district, the sum of the separate
parking requirements for each use in a mixed residential/commercial
project may be reduced up to 35 percent when the City can make a finding
that daytime and nighttime demand for parking spaces are offset. Parking
requirements may also be reduced in Parking District 1 within the
downtown area for projects containing pedestrian accessibility to services,
are within a set distance from transit stops, or are located near City parking
lots.
In any district, the Community Development Director may approve a
reduction in parking requirements up to 30 percent for specific types of
residential development. The reduction in parking for each use is
dependent on a multitude of factors, such as the occupants age disabilities,
or household size. Projects eligible for this reduction are housing
developments with at least four dwelling units reserved for any of the
following:
• Seniors • Emergency shelters
• Transitional housing • Single room occupancies
• Other special needs
housing
The City also grants parking reductions for affordable housing projects. In
any district where residential development is allowed, a reduction in
parking requirements up to 20 percent may be granted for housing with at
least four units made available to persons of low, very low, or extremely
low income.
Potential Flexible Parking Considerations
Municipalities throughout the state are modernizing parking standards as
travel habits shift away from single-occupancy automobile travel toward
Multi-family complexes with an abundance
of parking spaces are common in Ukiah.
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alternative modes of transportation. Local governments are taking new
approaches to determining parking demand, particularly in areas that are
walkable and have access to transit. Greater flexibility in parking requirements
can reduce the amount of land that is allocated to parking and increase the
amount of land for active uses.
Fortunately, cities have a multitude of tools at their disposal to further reduce
parking standards if they so wish. As stated in the City of Ukiah Housing
Element, the existing inflexibility in parking requirements may put an
unnecessary constraint on the development of housing. The following section
provides examples the Ukiah might consider implementing to address parking
challenges.
Maximums in Lieu of Minimums
Parking requirements in the Zoning Code are currently stated in terms of a
minimum number of required spaces. One of the biggest concerns with
minimum parking requirements is they have the potential to waste a great deal
of space by applying a “one size fits all” solution. Parking minimums fail to
consider the many nuances of a residential development, such as tenant vehicle
ownership rates and transit use. That is, parking minimums assume that every
tenant owns one or more vehicles, which is increasingly not the case,
particularly with lower income tenants. In many cases, parking lots are rarely
fully occupied.
To address this issue, some communities have not only eliminated minimum
parking standards but have adopted parking maximums instead. Rather than
specifying a minimum number of spaces that must be provided, a maximum
limit is placed on the number of parking spaces that may be developed as a part
of a residential project. Replacing parking minimums with maximums can help
developers avoid having to over-supply parking just to comply with regulatory
requirements. Additionally, parking maximums have the potential to reduce
development costs and greatly reduce the entitlement process timeframe
because developers avoid the procedure of securing a zoning modification that
allows them to provide fewer spaces than required.
Unbundled Parking
“Unbundling” parking is the practice of selling or leasing parking spaces
separate from the purchase or lease of the commercial or residential use. This
allows base housing costs to be lowered and individuals who do not need
parking the flexibility of paying less for their dwelling unit. It also incentivizes
individuals—where they have the option, to walk, bike, or use public transit for
daily activities—to forego parking space ownership.
The Cities of Albany and San Jose included unbundled parking as a parking
reduction incentive for multi-family residential projects. These cities allowed
reduced parking requirements, via unbundling, for multi-family residential
projects in pedestrian-oriented areas. Ukiah can apply a similar reduction
incentive to residential developments across the City. While the City Code
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allows the Community Development Director, based on making specific
findings, to reduce the parking for residential development by a percentage,
the City could implement additional provisions to allow or incentivize
unbundled parking for residential projects.
Implementation of AB 744
Assembly Bill (AB) 744 is a bill signed into legislation in 2015 aimed at easing
parking requirements for affordable housing. The bill allows affordable housing
developers to build less parking than many local zoning regulations currently
permit. AB744 is limited to a few specific types of housing that generally house
population groups that tend to own fewer cars and drive less than the general
population. Those instances include housing for special needs populations, and
housing for low-income and very-low income people. The bill also applies to
mixed-income developments that include a minimum number of affordable
units. In all cases, these developments are required to have easy and
convenient access to public transportation.
Under AB 744, if a developer of a qualified housing type requests to build less
parking than required in the zoning code, a city must allow it, unless it can
demonstrate that more parking is necessary. The bill further specifies that
“demonstrate” does not entail the preparation of a vague “parking study.” The
parking study to be conducted would have to be recent and based on
“substantial evidence,” including area-wide parking availability, transit access,
potential for shared parking, the effect of parking requirements on the cost of
developments, and rates of car ownership among low-income, senior, and
special needs individuals. This process shifts the burden of proof from the
developer to the city, while in the process codifying the assumption that in
general the populations in these types of development need and use fewer
parking spaces.
AB 744 allows developers of specific housing types to request lower parking
minimums as follows:
• 100 percent affordable housing within ½ mile of transit with frequent
service: 0.5 parking spaces per unit
• 100 percent affordable housing for seniors, within ½ mile of frequent
transit service or with access to paratransit service: 0.5 parking spaces
per unit
• 100 percent affordable housing for developmentally disabled adults,
within ½ mile of frequent transit service or with access to paratransit
service: 0.5 parking spaces per unit
• Mixed-income housing within ½ mile of a well-served transit stop and
with at least 11 percent of the units set aside for extremely low-income
residents or 20 percent set aside for low-income residents: 0.5 parking
spaces per bedroom
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While Ukiah currently grants parking reductions up to 20 percent for affordable
housing projects, it may consider amending its parking regulations to be consistent
with AB 744.
Reduction in Residential Parking Minimums
Communities can reduce the number of spaces required per unit (i.e. from 1.5 to
1.0 spaces per bedroom or per unit) on a community-wide basis. This technique
works well in particular zoning districts or locations for specific types of housing,
such as age-restricted senior or affordable housing. Based on an analysis of
communities with a similar population density, it appears that Ukiah’s parking
requirements are higher than average. The cities that were analyzed as part of this
memo include: Albany, Arcata, and Red Bluff. The following tables (Table 2)
summarize each city’s parking standards for residential uses.
Table 2 – Parking Standards in Similar Communities
Residential Parking Requirements
Land Use City of Albany City of Arcata City of Red Bluff
Single-Family
Dwelling
2.0 spaces per
unit
Min: 1.0 space
per unit
2.0 spaces per
unit
Max: 2.0 spaces
per unit
Two-Family
Dwelling/Duplex
1.5 spaces per
unit
Min: 1.0 space
per unit
2.0 spaces per
unit
Max: 2.0 spaces
per unit
Multi-Family
Dwelling
1.0 space per unit Min: 1.0 space
per unit
2.0 spaces per
unit
Max: 2.0 spaces
per unit
Senior Housing
Development
0.5 spaces per
unit
Min: 0.75 spaces
per unit
N/A
Max: 1.5 spaces
per unit
Residential Mixed-
Use Development
1.0 space per unit N/A N/A
Affordable Housing 0.5 spaces per
bedroom
N/A N/A
Shared Housing 0.5 spaces per
unit
N/A N/A
Live/Work Space 1.0 space per unit N/A N/A
Source: Section 20.28.030 Parking Spaces Required, City of Albany, 2020. Section 9.36.040
Number of Parking Spaces Required, City of Arcata, 2020. Chapter 25, Article XXIII, Section
25.217(D) Off-Street Parking Requirements, City of Red Bluff, 2020.
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Based on the above analysis of similar cities, Ukiah may consider amending their
City Code to reduce the overall parking requirements for residential uses. Table 3
below provides a moderate reduction in parking standards, whereas Table 4
provides a more aggressive reduction.
Table 3 – Moderate Reduction to Residential Parking Standards for Ukiah
Residential Parking Requirements
Land Use Existing Proposed
Single-Family Dwellings 2.0 spaces per dwelling 2.0 spaces per dwelling
Duplexes 2.0 spaces per dwelling 1.5 spaces per dwelling
Multiple-Family and
Condominiums
1.0 parking space for one
bedroom units; 2.0 parking
spaces for two or more
bedroom units
1.0 spaces per dwelling
Table 4 – Aggressive Reduction to Residential Parking Standards for Ukiah
Residential Parking Requirements
Land Use Existing Proposed
Single-Family Dwellings 2.0 spaces per dwelling 2.0 spaces per dwelling
Duplexes 2.0 spaces per dwelling 1.0 spaces per dwelling
Multiple-Family and
Condominiums
1.0 parking space for one
bedroom units; 2.0 parking
spaces for two or more
bedroom units
0.5 spaces per dwelling
Conclusion
Many cities hoping to encourage affordable multi-family development have found
reducing parking standards to be one effective and innovative solution. Whether
through the implementation of State law, the reduction of parking standards
community-wide, or the adoption of new parking reduction concepts, it is
imperative communities reduce barriers to multi-family residential development
during this housing crisis.
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Sources
California Legislative Information, Assembly Bill No. 744, accessed March 2020
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB744
City of Albany Zoning Code, accessed March 2020
https://www.albanyca.org/home/showdocument?id=37652
City of Arcata Zoning Ordinance, accessed March 2020
https://www.codepublishing.com/CA/Arcata/#!/LUC/ArcataLUC0930/ArcataLUC0936.html#9.36
City of Ukiah City Code, accessed March 2020
http://www.cityofukiah.com/NewWeb/wp-content/uploads/2019/12/City-of-Ukiah-2019-2027-
Housing-Element-Update-full-CERTIFIED-120519.pdf
City of Ukiah Housing Element Update 2019-2027, accessed March 2020
http://www.cityofukiah.com/NewWeb/wp-content/uploads/2019/12/City-of-Ukiah-2019-2027-
Housing-Element-Update-full-CERTIFIED-120519.pdf
City of Ukiah Land Use Element 1995, accessed March 2020
http://www.cityofukiah.com/NewWeb/wp-content/uploads/2012/12/Land-Use-Element-
1995_Amended-2019.pdf
Local Housing Solutions. Reducing Parking Requirements.
https://www.localhousingsolutions.org/act/housing-policy-library/reduced-parking-requirements-
overview/reduced-parking-requirements/. March 2020.
Skyline Parking, Minimum parking requirements – problems and alternatives. https://www.parking-
net.com/parking-news/skyline-parking-ag/minimum-parking-requirements. March 2020.
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U k i a h O b j e c t i v e M u l t i f a m i l y R e s i d e n t i a l D e s i g n a n d D e v e l o p m e n t
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City of Ukiah Objective Multi-Family Residential Design and Development Standards
Public Review Draft – June 2020
Informational Icons
The following design and development standards with the leaf logo indicate that the standard aligns
with sustainability practices.
The following design and development standards with the law enforcement logo indicate that the
standard aligns with common Crime Prevention Through Environmental Design (CPTED) practices.
A. Development Standards.
1.Setbacks.
a.Front. The front setback shall comply with the base zone front setback requirements.
b.Setback Landscaping. Areas between the required setback and street improvements shall
be landscaped per the landscaping requirements in Subsection (A)(11).
c.Side (Interior).
(1) Minimum Side Setbacks. There is no minimum interior side setback, provided that
structures comply with the Building and Fire Code standards for structure separation.
(2) Zero Setback. If zero setbacks are proposed, the side setback opposite the zero setback
shall be a minimum of five feet.
d.Rear. The rear setback shall comply with the base zone rear setback requirements.
2.Property Access. There shall be vehicular access from a dedicated and improved street,
easement, or alley to off-street parking areas.
3.Street Frontage. Every primary residential structure shall have frontage on a public street or an
access-way which has been approved for residential access by the City.
4.Structure Orientation. Structures shall incorporate site design that reduces heating and cooling
needs by orienting structures (both common facilities and dwelling units) on the parcel to reduce
heat loss and gain, depending on the time of day and season of the year.
5.Structure Height. Structure height shall comply with the base zone maximum allowable height.
6.Alternative Energy Applications. All structures shall be designed to allow for the installation of
alternative energy technologies including but not limited to active solar, wind, or other emerging
technologies, and shall comply with the following standards:
a.Installation of solar technology on structures such as rooftop photovoltaic cell arrays shall be
installed in accordance with the State Fire Marshal safety regulations and guidelines.
b.Roof-mounted equipment shall be located in such a manner so as to not preclude the
installation of solar panels.
7.Utility Lines. All utility lines from the service drop to the structure shall be placed underground.
8.Mail and Package Delivery Location. Mailboxes and package delivery areas shall be in
locations that are visible by residents at the interior of a structure entrance, elevator lobby, or
stairwell.
9.Primary Entrances.
a.Entry Lighting. All primary structure entrances shall include dawn to dusk lighting for safety
and security per Subsection A(15).
b.Interior-Facing Structures.
Attachment 2
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(1) The primary entrance of each interior-facing structure shall be oriented toward paseos,
courtyards, pathways, and active landscape areas.
(2) For safety, units not facing the street shall be oriented to provide visual access to
entryways, pedestrian pathways, recreation areas, and common facilities from dwelling
units.
c. Street-Facing Structures. Structures at the street shall have a front entry oriented to the
street.
10. Open Space.
a. Public Open Space.
(1) Public Open Space. Not less than 10 percent of the gross acreage of the total project
shall be set aside as public open space to allow for active and passive recreation
opportunities and that includes shading elements to benefit all residents of the project.
Open space ownership and maintenance shall be the responsibility of the property
owner(s).
(2) Connections. Public open space areas shall be directly connected to all interior space
areas (i.e., community room, recreation room, exercise center), trash and recycl ing
enclosures, laundry facilities (if applicable), structure entrances, parking areas, and mail
delivery areas by pedestrian-oriented pathways.
(3) Landscaping. A minimum of 15 percent of the required public open space shall be
landscaped with materials and plantings consistent with the standards in Subsection
(A)(11) (Landscaping) and the subject parcels underlying base zone landscaping
requirements.
(4) Lighting. In addition to the Exterior Lighting standards in Subsection (A)(15), public open
space areas shall incorporate accent lighting. Accent lighting may include string lighting
in trees or crisscrossed over pedestrian area via, courtyards, or plazas; tree up-lighting;
lighting in fountains; or lighting of significant structures or architectural design features.
(5) Public Gathering Space. Public open space areas shall include a minimum of two of the
following public gathering spaces:
a) Patio seating area for a minimum of eight people. Patio seating can be fixed chairs
and tables, table/bench combination, or landscape materials (i.e., slabs of stone or
rock);
b) Water feature in the form of a fountain, bubblers, or water play pad;
c) BBQ area no smaller than 200 square feet with a minimum of three BBQs and tables;
or
d) Pedestrian plaza no smaller than 200 square feet with a minimum of four benches.
(6) Recreation Facilities. A maximum of 25 percent of the required public open space area
may be paved for recreation facilities including but not limited to basketball courts, tennis
courts, common playground, or swimming pools.
b. Private Open Space.
(1) Ground Floor Units. Each ground floor dwelling unit shall include a minimum of 80
square feet of private open space in the form of a covered or uncovered patio to allow for
light, air, and privacy.
(2) Above Ground Floor Units. Each above ground floor dwelling unit shall include a
minimum of 40 square feet of private open space in the form of a terrace, balcony, or
rooftop patio to allow for light, air, and privacy.
11. Landscaping.
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a. Landscaping Plans. Existing features, such as trees, creeks, and riparian habitats shall be
incorporated into landscaping plans.
b. Site Landscaping.
(1) All street trees shall be planted consistent with the Standard Planting Detail on file with
the City Engineer.
(2) Vegetation (i.e., bushes, shrubs, flowers) shall be maintained at a height of no more than
three feet when located adjacent to pedestrian pathways and building facades and
placed in such a manner that does not obstruct lighting.
(3) In addition to the landscaping standards associated with the subject parcels underlying
base zone, multi-family developments shall include a minimum of 20 percent onsite
landscaping.
c. Landscaping Plant Selection.
(1) Landscape planting shall consist of at least 75 percent native, drought-tolerant plants
and/or flowering plants.
(2) All tree plantings shall be equivalent to a 15-gallon container or larger.
(3) Street trees shall be selected from the approved species on the Ukiah Master Tree List –
Required Street Tree List.
12. Personal Outdoor Storage Spaces. A minimum of 10 square feet (80 cubic feet) of personal
outdoor storage space shall be provided for each dwelling unit. Personal outdoor storage areas
shall be covered and able to be locked.
13. Bicycle Parking.
a. Class I Bicycle Parking. One Class I bicycle parking space (i.e., bicycle locker) is required
for every 15 dwelling units. The Class I bicycle space shall be located within or directly
adjacent to the required public open space area.
b. Class II Bicycle Parking. One Class II bicycle parking space (i.e., inverted U-rack, ribbon
rack, wave rack) is required for every three dwelling units. The Class II bicycle space shall be
located within or directly adjacent to the required public open space area.
14. Parking and Circulation.
a. Parking Areas.
(1) Parking Lot Design and Location.
a) Parking is prohibited within required sight distance areas.
b) Projects with more than 15 dwelling units shall not site more than 50 percent of the
total parking stalls in a single parking area.
c) Parking areas shall not be located between the building(s) and the primary street
frontage.
d) Parking areas within a site shall be internally connected and use shared driveways.
(2) Parking Lot Landscaping.
a) Parking areas with 12 or more parking stalls shall have a tree placed between every
four parking stalls with a continuous linear planting strip, rather than individual
planting wells, unless infeasible.
b) Parking areas shall provide shade trees in landscaped areas and along pedestrian
pathways. Parking areas shall be designed to provide a tree canopy coverage of 50
percent over all paved areas within 10 years of planting.
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c) Parking areas shall use concrete curbing or raised planting areas to protect
landscaped areas from encroaching vehicles.
d) At least 75 percent of parking lots trees shall be deciduous species.
(3) Parking Lot Lighting.
a) Parking lots shall include pole mounted lighting that shall be no more than 16 feet in
height.
b) Parking lot lighting shall be directed downward to minimize glare.
(4) Carports.
a) Carports shall be reserved for vehicles and shall not be used as storage space.
b) Carports shall be located no more than 50 feet from the dwelling units they serve.
b. Required Parking.
(1) Guest Parking. A minimum of three guest parking spaces shall be provided for every six
dwelling units.
(2) Parking Standards. Multi-Family dwelling parking standards shall be consistent with the
parking regulations in Article 17 (Off -Street Parking and Loading).
15. Exterior Lighting.
a. Pedestrian-oriented lighting shall be provided in active pedestrian areas (i.e., paseos ,
sidewalks, pathways, etc.) for safety and security.
b. Pedestrian pathway lighting features shall not exceed 10 feet in height.
c. Active pedestrian areas shall incorporate free-standing lighting separate from structures.
d. Pedestrian pathways, elevator lobbies, parking areas, stairwells, and other common areas
shall have a minimum illumination levels of 0.5 foot-candles at the pathway surface to clearly
show walking conditions.
e. Overhead sports court lighting shall illuminate only the intended area. Light tres pass onto
neighboring parcels is prohibited.
f. Outdoor lighting shall use energy efficient lighting technology and shall be shielded
downward to reduce glare and light pollution.
16. Trash and Recycling Enclosures. All trash and recycling enclosures shall include the following:
a. Masonry walls with finished metal doors.
b. Vehicle and pedestrian access gates.
c. Downward lighting for safety and security.
17. Structure Identification. Structure identification numbers shall be placed along pedestrian
pathways and roads and shall be readable from a distance of at least 60 feet.
18. Signage and Information. Developments shall comply with the Sign Standards in Division 3,
Article 7 of the Municipal Code (Signs). In addition, all directional signage and informational
kiosks (i.e., development maps) shall be located at the entrances of individual buildings and at
convergences of main pedestrian pathways.
B. Design Standards.
1. Carports. Carports shall not be visible from the street and shall include the approved color
palette, materials, and design elements of the structure.
2. Color Palettes.
Page 290 of 361
U k i a h O b j e c t i v e M u l t i f a m i l y R e s i d e n t i a l D e s i g n a n d D e v e l o p m e n t
Sta n d a r d s P a g e 5 | 6
a. All structures shall include at least one primary color, one secondary color, and two accent
colors, in addition to the color of the roofing material.
b. Each structure elevation shall include two colors in the selected color palette.
c. Projects that include more than 10 dwelling units shall include at least two -color palettes,
where no single-color palette shall be used on more than 50 percent of the dwelling units.
3. Fences and Walls. The following materials are prohibited for all fences and walls:
a. Electrified;
b. Barb wire/razor wire;
c. Sharp objects such as spires and glass;
d. Cyclone or chain link; and;
e. Vinyl.
4. Glazing. Structures shall incorporate the use of energy efficient glazing to reduce heat loss and
gain.
5. Community Mailboxes. Common mailboxes shall be painted using the approved color palette
for the overall development.
6. Trash and Recycling Enclosures. Masonry walls and metal doors shall be painted in
accordance with the approved color palette for the overall project.
7. Roof Design and Materials.
a. Horizontal eaves longer than 20 feet in length shall be broken up by gables, building
projections, or other forms of articulation.
b. Roof overhangs shall be a minimum of 12 inches.
c. The following are allowable roofing materials:
(1) Non-reflective standing seam metal roofs in shades of tan, brown, and black;
(2) Cool foam roofs (white);
(3) Clay tile; and
(4) Architectural composition shingles.
8. Screening. All screening of ground-mounted and roof-mounted equipment shall be painted in
accordance with the approved color palette for the project.
9. Stairways/Stairwells. Exterior stairways/stairwells that are not enclosed shall not be visible from
the public right-of-way.
10. Structure Massing. Structures that have a length longer than 30 feet shall include facades with
varying modulation with a minimum depth of 2 feet at intervals of no more than 10 feet.
11. Structure Materials and Elements.
a. Drainpipes, parapets, and ledges shall not be located near windows, corridors, and
balconies. If such placement is not feasible, they shall face parking lots, public spaces, and
roads.
b. All structures shall include a minimum of two primary materials (i.e., stone, wood, masonry, or
metal) on each structure elevation. Each material shall comprise at least 20 percent of the
elevations excluding windows and railings.
c. The following primary structure materials are prohibited:
(1) Heavy timber, exposed logs in their natural state;
Page 291 of 361
U k i a h O b j e c t i v e M u l t i f a m i l y R e s i d e n t i a l D e s i g n a n d D e v e l o p m e n t
Sta n d a r d s P a g e 6 | 6
(2) Stucco textured foam, synthetic stucco, vinyl or vinyl clad materials; and
(3) Unfinished galvanized metals.
Page 292 of 361
Page 1 of 2
CITY OF UKIAH
PLANNING COMMISSION MINUTES
Regular Meeting
Held remotely via GoTo Meeting
June 10, 2020
6:00 p.m.
1.CALL TO ORDER
The City of Ukiah Planning Commission met at a Regular Meeting on June 10, 2020, having
been legally noticed on June 3, 2020. Chair Christensen called the meeting to order at 6:00
p.m.
CHAIR CHRISTENSEN PRESIDING.
2.ROLL CALL
Roll was taken with the following Commissioners Present: Ruth Van Antwerp, Linda Sanders,
Mike Whetzel, and Chair Laura Christensen; Staff Present: Craig Schlatter, Community
Development Director; Mireya Turner, Interim Senior Planner; and Alicia Tlelo-Martinez,
Assistant Planner. Commissioner Hilliker was absent.
3.PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Chair Christensen.
4.APPROVAL OF MINUTES
There were no Minutes to approve.
5.APPEAL PROCESS
No matters eligible for appeal were heard.
6.COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS
No public comment was received.
7.SITE VISIT VERIFICATION
Confirmed by Commissioners.
8.VERIFICATION OF NOTICE
Confirmed by Staff.
9.PLANNING COMMISSIONERS’ REPORT
Presenter: Chair Christensen.
10.PLANNING COMMISSION DIRECTOR’S REPORT
Presenter: Craig Schlatter, Community Development Director.
11.CONSENT CALENDAR
There were no Consent items.
12.NEW BUSINESS
Attachment 3
Page 293 of 361
Minutes of the Planning Commission, June 10, 2020 Continued:
Page 2 of 2
a.Joint Meeting with Design Review Board to Consider the Draft Objective Development and
Design Standards for Multi-family Residential Development, and Approve Recommendation to
City Council
Community Development Director Craig Schlatter notified the Commission that this item
required further staff review and should be carried over to a future meeting.
There were no members of the public present wishing to speak.
Motion/Second: Commissioner Sanders/Commissioner Whetzel carried the item over to a
future meeting; carried by the following roll call vote: AYES: Van Antwerp, Whetzel, Sanders
and Chair Christensen, NOES: None ABSENT: Hilliker. ABSTAIN: None.
b.Joint Meeting with the Design Review Board to Consider the Flexible Parking Standard Options
for New Residential Development, and Approve Recommendation to City Council
Community Development Director Craig Schlatter introduced the item. Interim Senior Planner
Mireya Turner presented the staff report.
No one from the public was present wishing to speak.
Motion/Second: Commissioner Sanders/Commissioner Whetzel approved a recommendation
of the Moderate Reduction to Residential Parking Standards, and Unbundling Parking Options,
with a minimum requirement of one (1) standard parking space per unit of housing; carried by
the following roll call vote: AYES: Van Antwerp, Whetzel, Sanders and Chair Christensen,
NOES: None ABSENT: Hilliker. ABSTAIN: None.
13.UNFINISHED BUSINESS
There were no items to consider.
14.ADJOURNMENT
There being no further business, the meeting adjourned at 7:25 p.m.
____________________________
Mireya G. Turner, Interim Senior Planner
Page 294 of 361
Page 1 of 2
CITY OF UKIAH
DESIGN REVIEW BOARD MINUTES
SPECIAL MEETING
Meeting held remotely, via GoTo Meeting
June 10, 2020
6:00 p.m.
1.CALL TO ORDER
Chair Liden called the Design Review Board meeting to order at 6:05 p.m.
Chair Tom Liden presiding.
2.ROLL CALL Present:Members Morrow, and Chair Liden
Absent: Members Coale, Hawkes, and Nicholson
Staff Present: Craig Schlatter, Community Development Director
Mireya G. Turner, Interim Senior Planner
Alicia Tlelo-Martinez, Assistant Planner
Others Present: Planning Commissioners Van Antwerp, Sanders,
Whetzel, and Christensen
3.CORRESPONDENCE
None was received.
4.APPROVAL OF MINUTES
None
5.COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS
No comments were received.
6.NEW BUSINESS
a.Joint Meeting with Design Review Board to Consider the Draft Objective Development
and Design Standards for Multi-family Residential Development, and Approve
Recommendation to City Council
Members Hawkes and Coale were present at 6:15 p.m.
Community Development Director Craig Schlatter notified the Commission that this
item required further staff review and should be carried over to a future meeting.
There were no members of the public present wishing to speak.
Motion/Second: Members Hawkes/Commissioner Coale carried the item over to a
future meeting; carried by the following roll call vote: AYES: Hawkes, Coale, Morrow,
and Liden NOES: None ABSENT: Nicholson ABSTAIN: None.
Page 295 of 361
Page 2 of 2
b.Joint Meeting with the Design Review Board to Consider the Flexible Parking Standard
Options for New Residential Development, and Approve Recommendation to City
Council
Community Development Director Craig Schlatter introduced the item. Interim Senior
Planner Mireya Turner presented the staff report.
No one from the public was present wishing to speak.
Motion/Second: There was consensus to approve a recommendation of the Moderate
Reduction to Residential Parking Standards, and Unbundling Parking Options, with a
minimum requirement of one (1) standard parking space per unit of housing; carried
by the following roll call vote: AYES: Hawkes, Coale, and Liden NOES: Morrow
ABSENT: Nicholson ABSTAIN: None.
7.MATTERS FROM THE BOARD
None
8.MATTERS FROM STAFF
None.
9.ADJOURNMENT
There being no further business, the meeting adjourned at 7:25 p.m.
Page 296 of 361
Page 1 of 2
CITY OF UKIAH
DESIGN REVIEW BOARD SPECIAL MEETING MINUTES
Held remotely via GoTo Meeting
June 25, 2020
6:00 p.m.
1.CALL TO ORDER
Chair Liden called the Design Review Board meeting to order at 3:11 p.m.
Chair Tom Liden presiding.
2.ROLL CALL Present:Members Coale, Hawkes and Chair Liden
Absent: Member Morrow and Nicholson
Staff Present: Craig Schlatter, Community Development Director
Mireya G. Turner, Interim Senior Planner
Alicia Tlelo-Martinez, Assistant Planner
3.CORRESPONDENCE
None was received.
4.APPROVAL OF MINUTES
a.Approval of Draft Minutes of the September 26, 2019 Regular Meeting
There was consensus to carry over the minutes to the next meeting.
5.COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS
No comments were received.
6.NEW BUSINESS
a.Consideration of Draft Objective Development and Design Standards for Multi-family
Residential Development, including Duplexes, Tri-plexes, and Four-plexes, and Approve
Recommendation to the City Council
Community Development Director Craig Schlatter introduced the item. Interim Senior
Planner Mireya Turner presented the staff report.
No one from the public was present wishing to speak.
Following discussion, the Design Review Board voiced consensus on a number of
comments.
Motion/Second: Commissioner Hawkes/Commissioner Coale approved a
recommendation of approval of the Draft Objective Development and Design Standards,
and requested staff convey their comments to the City Council; carried by the following
roll call vote: AYES: Coale, Hawkes and Chair Liden NOES: None ABSENT: Morrow and
Nicholson ABSTAIN: None.
7.MATTERS FROM THE BOARD
None
Page 297 of 361
Page 2 of 2
8.MATTERS FROM STAFF
None.
9.ADJOURNMENT
There being no further business, the meeting adjourned at 4:35 p.m.
Page 298 of 361
Page 1 of 2
CITY OF UKIAH
PLANNING COMMISSION MINUTES
Regular Meeting
Held remotely via GoTo Meeting
July 22, 2020
6:00 p.m.
1.CALL TO ORDER
The City of Ukiah Planning Commission met at a Regular Meeting on July 22, 2020, having
been legally noticed on July 17, 2020. Chair Christensen called the meeting to order at 6:00
p.m.
CHAIR CHRISTENSEN PRESIDING.
2.ROLL CALL
Roll was taken with the following Commissioners Present: Ruth Van Antwerp, Linda Sanders,
Mike Whetzel, Mark Hilliker, and Chair Laura Christensen; Staff Present: Craig Schlatter,
Community Development Director and Mireya Turner, Interim Senior Planner.
3.PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Chair Christensen.
4.APPROVAL OF MINUTES
a.Approval of Minutes of the June 10, 2020 Regular Meeting
Motion/Second: Commissioners Hilliker/Whetzel approved the Minutes of the June 10,
2020 Regular Meeting, carried the following roll call vote: AYES: Van Antwerp, Whetzel,
Hilliker, Sanders and Chair Christensen, NOES: None ABSENT: None. ABSTAIN: None.
5.APPEAL PROCESS
No matters eligible for appeal were heard.
6.COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS
No public comment was received.
7.SITE VISIT VERIFICATION
Site visit verification was not required.
8.VERIFICATION OF NOTICE
Confirmed by Staff.
9.PLANNING COMMISSIONERS’ REPORT
Presenter: Chair Christensen.
10.PLANNING COMMISSION DIRECTOR’S REPORT
Presenter: Craig Schlatter, Community Development Director.
11.CONSENT CALENDAR
There were no Consent items.
Page 299 of 361
Minutes of the Planning Commission, July 22, 2020 Continued:
Page 2 of 2
12.NEW BUSINESS
a.Consideration of Draft Objective Development and Design Standards for New Residential
Development, including duplexes, triplexes, four-plexes, and multi-family projects with more
than five units, and recommendation to City Council
Interim Senior Planner Mireya Turner presented the staff report.
After discussion, the Commission expressed consensus on the following comments:
•Add/modify language to clarify and differentiate between 10.a.3 Landscaping, and
11.b.3 Site Landscaping
•Modify 11.b.4 to read as follows, “In addition to the Exterior Lighting standards in
Subsection (A)(15), public open space areas shall incorporate accent lighting. Accent
lighting may include string lighting in trees or crisscrossed over pedestrian area via,
courtyards, or plazas; tree up-lighting; lighting in fountains; or lighting of significant
structures or architectural design features.”
•Modify B.7.c.1 Roof Design and Materials, to read as follows, “Non-reflective standing
seam metal roofs in shades of tan, brown, black, light blue, red, and green.”
Motion/Second: Commissioners Hilliker/Whetzel approved the comments listed above; carried
by the following roll call vote: Van Antwerp, Whetzel, Hilliker, Sanders and Chair Christensen,
NOES: None ABSENT: None. ABSTAIN: None.
The Planning Commission continued the item to a future meeting, to allow time for staff
to research questions posed by the Commission.
13.UNFINISHED BUSINESS
There were no items to consider.
14.ADJOURNMENT
There being no further business, the meeting adjourned at 7:36 p.m.
____________________________
Mireya G. Turner, Interim Senior Planner
Page 300 of 361
Page 1 of 2
CITY OF UKIAH
PLANNING COMMISSION MINUTES
Regular Meeting
Held Remotely via GoTo Meeting: https://global.gotomeeting.com/join/281764245
August 12, 2020
6:00 p.m.
1.CALL TO ORDER
The City of Ukiah Planning Commission met at a Regular Meeting on August 12, 2020, having
been legally noticed on August 7, 2020. Chair Christensen called the meeting to order at 6:10
p.m.
CHAIR CHRISTENSEN PRESIDING.
2.ROLL CALL
Roll was taken with the following Commissioners Present: Ruth Van Antwerp, Linda Sanders,
Mike Whetzel, Mark Hilliker (arriving at 6:14 p.m.), and Laura Christensen; Staff Present:
Craig Schlatter, Community Development Director; Mireya Turner, Planning Manager; and
Kristine Lawler, City Clerk.
3.PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Chair Christensen.
4.APPROVAL OF MINUTES
a.Approval of May 27, 2020, Regular Meeting Minutes.
b.Approval of July 22, 2020, Regular Meeting Minutes.
Motion/Second: Sanders/Whetzel to approve Minutes of May 27, 2020, a regular meeting,
and the Minutes of July 22, 2020, a regular meeting, as submitted. Motion carried by the
following roll call votes: AYES: Van Antwerp, Whetzel, Hilliker, Sanders and Chair Christensen.
NOES: None. ABSENT: None. ABSTAIN: None.
5.APPEAL PROCESS
No matters eligible for appeal were heard.
6.COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS
No public comment was received.
7.SITE VISIT VERIFICATION
Confirmed by Commissioners.
8.VERIFICATION OF NOTICE
Confirmed by Staff.
9.PLANNING COMMISSIONERS’ REPORT
Presenter: Commissioner Van Antwerp
10.DIRECTOR’S REPORT
Presenter: Craig Schlatter, Community Development Director.
Page 301 of 361
Minutes of the Planning Commission, August 12, 2020 Continued:
Page 2 of 2
11.CONSENT CALENDAR
No Consent Calendar Items on agenda.
12.NEW BUSINESS
a.Consideration of Appeal of City Engineer's Approval of a Minor Subdivision to Divide
the Existing ±0.60-acre (26,136 sf) parcel into three parcels at 589 North School
Street, APN 002- 146-01. File No. 19-4992.
Presenters: Mireya Turning, Planning Manager and Craig Schlatter, Community
Development Director.
Public Comment: Jim Brown, Appellant, Mary Misseldine (Read by Clerk), Quelani Penland,
Representing Applicant; and Andrew Webb.
At 7:40 p.m., Vice Chair Sanders departed, returning at 7:42 p.m.
Motion by Chair Christensen to deny the appeal and approve the minor subdivision, based on
attachment six - the draft findings - for the minor subdivision for 589 North School Street,
Motion failed for lack of a second.
RECESS: 8:12 – 8:23 P.M.
Clerk performed a roll call to determine that all commissioners were back from recess.
Motion/Second: Sanders/Hilliker to postpone this item to the August 26, 2020, Planning
Commission meeting at 6:00 p.m. pending a staff report on potential findings or legal concerns.
Motion carried by the following roll call votes: AYES: Van Antwerp, Whetzel, Hilliker, and
Sanders. NOES: Christensen. ABSENT: None. ABSTAIN: None.
13.UNFINISHED BUSINESS
a.Update to Consideration of Draft Objective Development and Design Standards for
New Residential Development, including duplexes, triplexes, four-plexes, and multi-
family projects with five or more units, and recommendation to City Council.
Presenter: Mireya Turning, Planning Manager and Craig Schlatter, Community
Development Director.
No public comment was received.
Motion/Second: Whetzel/Hilliker to recommend the objective design and development
standards for new residential construction with the concerns [regarding possible conflicts
between a required number of guest parking per units and the flexible parking standards]
conveyed to the City Council. Motion carried by the following roll call votes: AYES: Van
Antwerp, Whetzel, Hilliker, Sanders and Christensen. NOES: None. ABSENT: None.
ABSTAIN: None.
ADJOURNMENT
There being no further business, the meeting adjourned at 9:00 p.m.
____________________________
Kristine Lawler, City Clerk
Page 302 of 361
Page 1 of 3
Agenda Item No: 13.a.
MEETING DATE/TIME: 9/2/2020
ITEM NO: 2020-547
AGENDA SUMMARY REPORT
SUBJECT: Possible Introduction by Title Only of the Ordinance Amending Division 5, Chapter 2 of the City
Code to Designate the Entity Authorized to Make Determinations on Livestock Permits.
DEPARTMENT: City Attorney PREPARED BY: Darcy Vaughn, Assistant City Attorney
PRESENTER: Darcy Vaughn, Assistant City Attorney
ATTACHMENTS:
1. 1952 Health Officer Agreement
2. Livestock Permitting Ordinance Redline
3. Livestock Permitting Ordinance CLEAN
4. 13a Correspondence Received - Tom Liden
5. 13a Correspondence Received - Brenda Gallegos
6. 13a Correspondence Received - Ruth Van Antwerp
Summary: The City Council will discuss and consider introducing an Ordinance Amending Division 5, Chapter
2 of the City Code to Designate the Entity Authorized to Make Determinations on Livestock Permits.
Background: Planning staff were recently asked to investigate whether a resident of an R1 district was
allowed to keep two goats on their property and under what circumstances. The City Code, in Division 5,
Chapter 2, outlines a process for applying for a permit (“Livestock Permit”) to keep livestock, such as goats,
within the City, sets forth standards for determining whether the Livestock Permit should be granted, and
allows for an administrative hearing for the applicant or an interested person to appeal that determination.
The City Code currently designates the Health Department of the City as the department charged with making
Livestock Permit determinations. “Health Department” is defined in Section 4152, Division 5, Chapter 1 of the
City Code as the “Health Officer or authorized agents of the County Health Officer or City Health Officer.”
While the City Code, in Sections 470-471, establishes the office of Health Officer, there is no City Health
Officer currently designated. However, in 1952, the City and the County of Mendocino entered into an
agreement (“Agreement”, included here as Attachment 1) whereby the County Health Officer acts as the
Health Officer for the City and performs “ . . .all the functions relating to the enforcement in the City of all
Ordinances of the City relating to public health and sanitation. . ..” To staff’s knowledge, that Agreement
remains in effect.
The City Code provisions regarding Livestock Permits in Division 5, Chapter 2 were adopted in 1961. At the
time they went into effect, it is likely that the County Health Officer was charged with administering Livestock
Permits for the City. There is no historic record of the County Health Officer fulfilling that function within the
last decade. In addition, given the current demands on the County Health Officer and related officials during
the COVID-19 pandemic, it would not be practical to seek to have the County take on this administrative role
for the City, nor is this desired by City staff. In the City, as in other jurisdictions, these sort of property-related
health and safety issues are largely treated as issues of land use and zoning. (See, e.g., Ukiah City Code
Section 9181, which charges the Zoning Administrator with the responsibility to receive applications for and
grant use permits to allow keeping hen chickens or rabbits.) Because Planning and Building staff currently
handle administration, inspections, and enforcement of health and safety issues related to land use and
zoning, it makes the most sense for Planning and Building to be responsible for administering and enforcing
Page 303 of 361
Page 2 of 3
Livestock Permits. As such, staff recommends that the Council introduce and adopt a Livestock Permit
Ordinance that authorizes the City’s Zoning Administrator to review applications for Livestock Permits, conduct
necessary investigations, and make findings and determinations on issuance of Livestock Permits.
Discussion: The Livestock Permit Ordinance, a redlined version of which is attached here as Attachment 2
and a clean version as Attachment 3, amends Division 5, Chapter 2 of the City Code to replace all references
to the “Health Department” as the entity authorized to review applications for and make determinations
regarding Livestock Permits with references to the “Zoning Administrator”. In addition, a definition for Hearing
Officer is added to clarify that appeals of the Zoning Administrator’s Livestock Permit determinations will be
heard by the Hearing Officer appointed by the City Council to hear and decide appeals from a variety of
determinations made by City officials and entities.
Specifically, under the Livestock Permit Ordinance, any person, firm, or corporation wishing to keep livestock
in the City must submit an application for a permit to do so to the Zoning Administrator. On receipt of a
Livestock Permit application, the Zoning Administrator will conduct an investigation to determine whether
keeping animals as requested in the application would: 1) Create a hazard to public health or safety; 2)
Constitute a public or private nuisance; or, 3) Otherwise seriously and injuriously affect living conditions or
property values in adjacent or neighboring properties (“Adverse Conditions”).
If the Zoning Administrator finds that none of the Adverse Conditions are present, or would be present in the
event the application is granted, he/she shall issue the Livestock Permit. A Livestock Permit, like a use permit,
may contain any conditions that the Zoning Administrator deems necessary. Livestock Permits are
nontransferable and are valid only for the location stated in the Permit. In addition, Livestock Permits may be
modified or terminated at any time whenever the Zoning Administrator determines that the circumstances have
changed so as to cause any of the Adverse Conditions.
If a Livestock Permit applicant or permittee, or any other interested person is dissatisfied with the
determination of the Zoning Administrator regarding the existence of any Adverse Conditions or is aggrieved
by any decision of the Zoning Administrator with respect to the issuance, modification or termination or refusal
to issue, modify or terminate any Livestock Permit, they may apply for a hearing before the Hearing Officer of
the City. The Livestock Permit Ordinance sets forth the standard procedure for these administrative hearings.
Finally, the Livestock Permit Ordinance states that anyone dissatisfied with the decision of the Hearing Officer
may appeal to the City Council, which will hear and consider evidence and make a final determination on the
appeal.
These amendments to the Livestock Ordinance are intended to clarify the process for permitting livestock.
However, Staff intends to conduct a more comprehensive review of the livestock and related ordinances and
propose more comprehensive amendments as time allows.
Recommended Action: Approve the introduction of the Ordinance Amending Division 5, Chapter 2 of the City
Code to Designate the Entity Authorized to Make Determinations on Livestock Permits.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Community Development
Page 304 of 361
Page 3 of 3
Page 305 of 361
, .
..
AGREE M E T
THIS AGREEME NT 1 mad and nter d into
day of Feb.15~h;l9S4,by and betwe e n COUNTY OF MEND OCI NO, Politioal
Subdivision of th St ta of Oa l 1forn1 1 hereinaft r r f rred to and
call d "County", nd the CITY OF UKI AH, a Mtmioipal Corporation, herein-
ed
art r o 1111 the "Ci tyJ
l I T N E S S E 'I' HI
s, th reap ctive pa?'tie s h r to have found it will b for
th be t interest of id City and of s id 0-0unty that th County He 1th
Officer of Mondooino County ct for said CITY OF UKI AH,
NOW, THEREFORE , pursuant to authority vested in the above r f rr d
to publia g enciea, the County and th City r ee th t the Health Officer
of the County shall perform in the City all th functions rel ting to
the enforcem nt in the City of 11 Ordin n:>es of the City rel ting to
public he lth and sanita tion, and the making of a ll inspection and th
performn nces of all funct i ons in connection ther with, d of 11 funo-
t1ons and dutie a s uthorized under Sootion 480, 481 and 482 of the
H 1th a nd Sllf'ety Cod , t t e of C liforni , including control of oom•
munioable diseases, gener l s anitation, food inspection, quarantin nd
1 olation reg ula tions and other publ i c h alth matt rs a are now or may
h reafte r be conferred upon health o f ficers by St te Law a nd Loo 1
Ordinances within th City or County. The County agre a to furnish to
the City such s rvioes of health officer t tho dnt thereof or t ny
time during th lit of this Ag r eme nt.
IT IS UNDER STOOD AND AGREED t ha t this Oontraot s hall be in foro
and ffeot from the 15th. day of FEBRUARY, 1952 and hall continue and
b in fore until o ncell d by thirty-day writt n notio by eithe~
p rty to this contract.
1.
Page 306 of 361
... . . ., ..
The County agr e to provide the se:rvioes p rtorm d for th Oity
und r the t rms or this Contract, at no cost to the City.
IT I UNDERSTOOD that the City ay, as it sees tit, ~ppoint
additional public h alth personnel for duty within th Oity, xoept
th t suoh appo i ntments shall be p s d upon by th He 1th Officer
to bility and qu lif1oations and that 11 uoh appoint ea shall b
under the control BJld supervision of the Health Offio r. Th xpense
involved s to s a l ri s• mileage, supplies and quipm nt for C1ty
appointed public health personnel sh 11 not be chargeable to th County • .
The City turth r a.gr es that said Health Officer of the County
hall h ve auch po er d as istanoe in the city, including aoo s to
such information and records of s id City necessary nd usually extend d
to City Health Officer for law enforoem nt.
The City re s and understands that said Health Offic r may p r-
form serv'ic e s for th County outside of the City; provid d, how ver,
that City appointe will cooperate und r the orders of the H 1th
Offic r with County Public He 1th personnel in problems wher in mutu 1
b nefit to o id City nd s id County is involv d and that ther will
be no duplio tion of sorvio by bove named publio h alth personnel.
IT IS AL 0 FURTHER UNDERSTOOD ND AGREED that copies of thi
Agreement will be distributed to the County and the City, th County
Henlth Offic r nd th C 11forn1a S t te Department of Public H lth•
Bur au of Loe 1 Health Servio , 611 Phelan Building , San Franoisoo,
California.
IN ITNESS WHEREOF, the County b , by order of th Board of
Supervi ors. caused this Agr ement to be subscrib d by the Chairman
of s id Board of Sup rvi ors nd to b tt sted and the Seal of s id
Bo rd affixed her to by the Clark of said Board, and the City has,
Page 307 of 361
'
by order of ita City Couno11 1 o d th1 Agr ment to b ub orib d
on 1 ts b halt b th M yoF of th C 1 ty nd to be t t · t . d · d th
s al or the City Affixed by th Cl rk ot the City a of th d y and
year firat abov writt n.
BOARD OF SUPERVISORS OF THE 00
OF OOI10• STATE O~ 0 LIFORTIA
By ~k~
DI co
ATTES'l'
H
Page 308 of 361
c
AGREEMENT
THIS AGREEMENT, ma~e and entered into in quadruplicate this 1st.,
day of Feb. 15th; 1952, by and between COUNTY OF MENDOCINO, a Poli~ical
Subdivision of the State of California, hereinafter referred to and
called "County", and the CITY OF UKIAH, ~.'!Municipal Corporation, herein-
after called the "City".
W I T N E S S E T H:
WHEREAS, the respective parties hereto have found it will be for
the best interest of said City and of said County that the County Health
Officer of Menaocino County act for said CITY OF UKIAH,
NOW, THEREFORE, plll?suant to authority vested in the above referred
to public agencies, the County and the City agree that the Health Officer
of the County shall perform in the City all the functions relating to
the enforeement in the City of all Ordinances of the City relating to
public health and sanitation, and the making of all inspections and the
performances of all functions in connections therewith, and of all func-
tions and duties as authorized under Sections 480, 481, and 482 of the
Health and Safety Code, State of California, including control of com-
municable diseases, general sanitation, food inspection, quaranti~ and
isolation regulations and other public health matters as are now or may
hereafter be conferred upon health officers by State Law and Local
Ordinances within the City or County. The County agrees to furnish to
the City such services of a health officer at the date thereof or at any
time during the life of this agreement.
IT IS UNDERSTOOD AND AGREED that this Contract shall be in force
and effect from the 15th. day of FEBRUARY, 1952 and shall continue and
be in force until concelled by a thirty-day written notice by either
party to this contract.
1. Page 309 of 361
c
The County agr e es to provide the _services performed for the City
under the terms of this Contract, at no cost to the City~
IT IS UNDERSTOOD that the City may, as it sees fit, appoint
additional public health personnel for duty within the City, except
that such appointments shall be passed upon by the Health Officer as
to ability and qualifications and that all such appointees shall be
under the control and supervision of the Health Officer. The expense
involved as to salaries, mileage, supplies and equipment for City
appointed public health personnel shall not be chargeable to the County.
The City further agrees that said Health Officer of the County
shall have such power and assistance in the City, including access to
such information and records of said City necessary and usually extended
to a City Health Officer for law enforcement.
The City agrees and understands that said Health Officer may per-
form services for the County outside of the City; provided, however,
that City appointees will cooperate under the orders of the Health
Officer with County Public Health personnel in problems wherein mutual
benefit to said City and said County is involved and that there will
be no duplication of service by above named public health personnel.
IT IS ALSO FURTHER UNDERSTOOD AND AGREED that copies of this
Agreement will be distributed to the County and the City, the County
Health Officer and the California State Department of Public Health,
Bureau of Local Health Service, 611 Phelan Building, San Francisco,
California.
IN WITNESS WHEREOF, the County has, by order of the Board of
Supervisors, caused this Agreement to be subscribed by the Chairman
of said Board of Supervisors and to be attested and the Seal of said
Board affixed hereto by the Clerk of said Board, and the City has,
2.
Page 310 of 361
by order of its City Council, caused this Agreement to be subscribed
on its behalf by the Mayor of the City and to be atteate4 and the
Seal of the City Affixed by the Clerk of the City as of the day and
year first above written.
BOARD OF SUPERVISORS OF THE COUNTY
OF MENDOCINO, STATE OF CALIFORNIA
By~~--...._....-~.......,--~--~~~~~-I ts Chairman
ATTEST:
ITS Clerk
Approved as to form and legality
DISTRICT ATTORNEY OFJ MENDOCINO
COUNTY
3.
CITY OF UKIAH, A MUNICIPAL CORPOR-
ATION OF THE STATE OF CALIFORNIA
By~~~ ....... ~---~~--~----~~--I ts Mayor
ATTEST:
Its City Clerk
6ITY ATTORNEY OF THE CITY OF UKIAH
Page 311 of 361
. I'll ~
I .,,--.. ..,
.. c
AGREEMENT
THIS AGR EEMENT, made and entered into in quadruplicate this lst.1
day of Feb. 1$th; 19521 QY and betwe en COUNTY OF MENDOCINO, a Political
Subdivision of the State of California; hereinafter referred to and ·
called "County", and the CITY OP UKtAH, a r Mun1c1pal Corporation, he~ein•
after called the ttc1t1"•
K I T N E S S E T Ht
WHEREAS, t~e respective parties hereto have found it will be fOP
the best interest of said City and of said Oounty that t he Countr Health
Offioer of Mendocino County act for said CITY OF UKIAH,
{
NOW, THEREFORE, p'W'a~\bt to authority vested in the above referred
•• ,.1
to public agencies, the G~~ty .a.nd the City a gree that the Health OfficeJ
of the County shall perform 1h the Oity all the functions relating to
the enforeement 1n the City of ll Ordinances of the City relating to
public health and sanitation . .,, and the ma~in g of all 1nsp eot1ons and the
performannes of all funot1ons in connections therewith, and of all funo•
tione and duties as authorized under S ctions 480 1 481 1 and 482 of the
Health and Safety Code, State of California, including control of com-
municable diseases, general sanitation, food inspeotion, quarantin and
isolation regulations and. other publio health matters as are now or may
hereafter be conferred upon health off leers by State Law end Looal
Ordinances within the City or County. The County agrees to ru:rnish to
the City such services of a health officer at the date thereof or at any
time during the life of this agreement.
IT IS UND ERSTOOD AND AGREED that this Gontraot shall be in force
and effect from the 15th. day of FEBRUARY, l9S2 and shall continue and
be in force unt i l ooncelled by a thirty-day written notice by either
party to this contract.
1. Page 312 of 361
The County a gr c s to provide th services performed for the City
under the terms of this Oontraot1 at no oos,t to the City.
IT IS UND ER STOOD that the City ma7 1 as it sa s fit, appoint
additional publi c he lth personnel for duty within the City, except
that such ap pointments shall be passed upen by the Health Off1oer as
to ability and qualifications and that all suoh appointees shall be
Wlder the control and supervision or the Health Off1Qer. The e xpense
involv d as to salaries, milea ~e, supplies nd equipment for City
appointed public health personnel shall not b chargeable to the County.
The 01ty further agrees that said Health Officer of the County
shall have such po er and assistance in the City, including acoess to
I
such in.formation and reoords of said City necessary and usually ext c
to a City Health Offic r for law $n!'orcement.
'?he Oity agre s and understands that said Health Officer may per•
form services for the County out ide of the City1 prov1de4, however,
that City appointees will oooperate und r the orders of the He lth
Offieer with Oounty Public Health per Qnnel 1n problems 'Wh$rein mutual
benefit to said City and said County is involved and that there w11i
be no duplication Qf service by above nam d public health personnel.
IT IS ALSO FURTHER UNDERSTOOD AND ACREED that cop1e$ of this
Agreement will be distributed to the County and the City• the County
H alth Offic r and the California State Depatttment of Public He 1th,
Bureau of Looa1 Health Service, 611 Phelan Building , San Francisco,
Calif orn1a.
IN WITNFSS WHEREOF,. the County has, by order of the Board of
Supervisors, caused this Agreement to be sUbsoribed by the Chairman .
0£ said Board of Supervisors and to be atteat.~d $nd the Se l or said
Board affixed h ~eto by the Clerk of said BOard~ and the City ha ,
2 ..
Page 313 of 361
• c c
by order of its City Council, oauaed this Agreement to be subsor1be4
oo its behalf by the Mayor or the Gity EUld to be atteat ~d and the
Seal of the City A!'fixed by the Clark of the City as of the day and
year first above written.
BOARD OF SUPERVISORS OF TH'~ COUNTY
OF MENDOCI NO, STATE OF CALIFORN I A
BY.------~---1""!"-.---------------I ts dnatrman
ATTES'l':
1 ITS Cle:rk
Approved as to fo?'nt and leg ality
DISTRICT ATTORNEY OF MSNDOCINO
COUNTY
CITY OF UKIAH, A MUNI CIP AL CORPOR•
ATIOM OF THE ST .A TE OF CALIFORNIA
BY.------~--------------------I ts Mayor
AT TE ST I
Its City Bierk
eirt A'l'TofiNEY oil THE cITY oF' maAif
Page 314 of 361
' I' ......
THIS AGREEME ?fl.'1 ma.de and, nte:red into in quadl-uplicate th1B lat.,
day of feb• 1SthJ 19S2 , by and b e t~een COtJN'?Y OF MENDOCINO, a Poli ~eal
Subdi vt.s''-On of the State or O lif ornl , het-e1.nafter ref erred to nd ·
cai1 -d "Co-unty", and the CITY OF UKIAH, a Wdc1pal Corporation, her ln•
after co.llecl the ttc1 ty" •.
W I T N E S S K T Ht
MIEREAS, the r speot1ve parties here to have tound it will be fOP
the best interest of aid City and or s a id County that the Count7 Be 1th
Ottio r or Mendocino Oount.1 ct for a id Oii'Y OF UKIAH ,
NOW, THER EF ORE·._ .:,pttD ll · tit to utho:r1 ty vested in the above tt tet'red
. . ~ .
to public a.g eno1 s,. tho 0Q14'.""?t1 an1. the C1t'1 o.gree that the Health Oftloel'
of the Oounty shall pe:rto:rm in the City all th function :r lat1ng to
the enforoomont 1n the Oity of all Ordinances or the City relat1ns to
public health nd s .an1tat10n,. and the ma king of all inspections o.nd the
perfQitmances or a ll ft1J!lct1ona i n eonn a ctions therewith, and of all funo•
tlona and duti a s authorized undor S ot1ona 480, 481 1 and 482 or the
.. alth and Satety Code; State of Callfo:rni ,. including control of com-
muni.oable dis ases; g neral s n1tat1on1 food. inspection, ciuarantln and
1•ol t1on regul t1ons and other public h 1th matt rs aa re now ~r may
her aft r be conf e r:r d upon health ott c rs by Stat& L w snd Looal
Ordinano a w1th1 n th& City or CoWlty. The O~unty a ~rees to tui-niah to
th 01ty such a ei-v1c s'ot a health oftioet-at·~ dat thereof or t ny
time duri~ the 111'e or this agreement,
IT IS UNDERSTOOD AND AGR -ED that thia Ccntraot shall be in force
and effect from the 1$th. dtay of !PEBRUARY; 19$2 and ahall oontinue an4
b in toro until ooncellod bf a thirty•da:y written Botice bf' either
pa~ty to th1 contr ct.
Page 315 of 361
'l'he County agr ·ee to prov1d the services performed fop the City
under the t rms ot this Oontre.ot, at no ost to th Oit7.
IT IS UND ERSTOOD that the City may, as it a tit1 ppo1nt
dd1t!onal public h• 1th peraonne1 tor duty within the 01ty1 exoept
that ~uoh apoo1ntmente shall be passed upon bJ the Health Oft1oer ao
to .$b111ty and qua11f 1cat1ons and that all suoh np o1nteea shall be
under th• control anti sup rv1a1on of the Health O.ff'icer. The expense
invclv&d. as to salaries, mileage, supplies nd equipment .for City
appointed public h 1th peroonnel ball not b char &able to the Countr.
The C1ty further agree that said U lth Officer of th County
shall have suoh pow e i-and. a sistance in the CH t1i including aoo a to
uoh 1ntormat1on and reoo~ds of said City nee sss.z'y and usually ext 44
~o a City Be l.tb. Off1o r tor law enforcem.e nt.
'?he City and unde~stando t t said Health Offic r may per•
fel'Dt s rvicea for th County out 1de or the a1t1J provided, how ve~,
that City appoint e e ~ will COQperate under tbe orders of the H th
O~t'-c r with Oountf Publ'-e Health per onne1 1n problems ltlereln mutua l
be~ t'1$ to id City ·a~.~· id County is involved ancl. that th r• will
b n.o dupl1cat1on ot aervioa by abov n11m d public health pe:r onnel.
IT IS ALSO FUM'Rml UNDERSTOOD nND AC.R EED that oopie of ~bis
Agreement will be .. dittti-1.buted to th County and. th& 01t:y, th& County
H a1th Officer and the Oa11forn1a St te D partm nt ot Public He 1th,
B~eau of Looa1 Health Serv1o 1 611 Phelan Bu1ld1ng, San F:ro.nc1sco,
Cal1f orn1a.
IN WIT NES S WHEREOF, the County ha , by order of the Board of
lupervtsore, o us d this Asre m nt to be subeoribed by the CbaiMmn
ot s~1d Beard or Supervisors nd to be tteated and the Se 1 cf said
So rd artix d b.ei-eto 01 tb.e Clork of said Board, and the Cit7 ha.a,
2.
Page 316 of 361
c (
by order or its City Couno11 1 cauoed this lgree ment to be subsor1bed
on its bob.alt b7 the Ma7or or tho 01tJ and to be attoatod and the
Seal of the City Affixed a, the Ol ork of tbe 01ty as ot the day and.
year first above written.
BOARD OF SUPERVISORS OF THE COUNTY
OF MJ,41DOCIIO t STATE OP CALIP'OR!UA
BY.----~1-t-s ~a-hiL ..... irnmn ____________ _
ATTES T1
ITS OleJ'k
Approved as to tol'Dl and legality
b!cTRiCT ATTORNEY OF MENDOCINO
COUNTY
OITY OF UKIAH , A MUNICIPAL CORPOR·
ATIOB OF THE ST .T~ 09 CALIFORNIA
87.----~~~~~--------------I to flia1o:r •
AT STs
Its c!tr cierk
iiTY ATTORNiff OF THE CITY OF UKIAH
Page 317 of 361
1
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH
AMENDING DIVISION 5, CHAPTER 2 OF THE CITY CODE TO
DESIGNATE THE ENTITY AUTHORIZED TO MAKE
DETERMINATIONS ON LIVESTOCK PERMITS.
The City Council of the City of Ukiah hereby ordains as follows:
SECTION ONE.
Division 5, Chapter 2 of the Ukiah City Code is hereby amended to read as follows
(unchanged text is omitted and is shown by “* * *”):
§4200 KEEPING LIVESTOCK WITHIN CITY LIMITS PROHIBITED WITHOUT PERMIT
It shall be unlawful for any person, firm, or corporation to keep, harbor or maintain, or
cause, permit or suffer to be kept, harbored or maintained within the corporate limits of
the City any cow, bull, calf, horse, mule, jennie, jack, burro, sheep, goat, swine or any
other livestock without then and there having a valid permit in writing issued by the
Zoning Administrator of the City under the provisions of the Chapter.
§4201 APPLICATION FOR PERMIT
Any person, firm or corporation required to have a permit under the provisions of this
Chapter shall make application for the same to the Health DepartmentZoning
Administrator of the City. Such application shall be in writing and signed by the applicant
and shall contain the following:
A. The name and address of the applicant.
B. The type and number of such animals.
C. The place where such animals are intended to be ke pt.
D. The length of time such applicant intends to keep such animals at such place.
E. Such other information as may be required by the Health DepartmentZoning
Administrator for the enforcement of the provisions of this Chapter.
§4202 HEALTH DEPARTMENTZONING ADMINISTRATOR TO INVESTIGATE
CONDITIONS; STANDARDS
Upon receipt of an application for a permit required under this Chapter the Health
Department Zoning Administrator shall make an investigation to determine if the keeping
Page 318 of 361
2
of such animals as requested in the application would create or continue any of the
following conditions:
A. Create a hazard to public health or safety; or,
B. Constitute a public or private nuisance; or,
C. Otherwise seriously and injuriously affect living conditions or property values in
adjacent or neighboring properties
§4203 ISSUANCE OF PERMIT; FORM; CONDITIONS
If the Health DepartmentZoning Administrator finds that none of the conditions set forth
in §4202 are present, or would be present in the event the application were granted, it
shall issue to the applicant the permit requested. The permit may be unconditional or
may contain such conditions as are de emed necessary by the Health DepartmentZoning
Administrator. The permit shall be in such form as prescribed by the Health
DepartmentZoning Administrator and shall be signed by an authorized member thereof.
It shall be nontransferable and shall be valid onl y for the location stated in the permit.
§4204 DURATION OF PERMIT; TERMINATION OR MODIFICATION; NOTICE TO
PERMITTEE
The permit shall continue until modified or terminated, and the same way be modified or
terminated at any time whenever in the opinion of the Health DepartmentZoning
Administrator the circumstances have changed so as to cause any of the conditions set
forth in §4202 to be present. At least ten (10) day’s notice in writing shall be given the
permittee prior to any modification or termination becoming effective. Placing such notice
in the regular U.S. Mail, postage prepaid, and addressed to the permittee at t he address
appearing on the application shall constitute such notice. Permittee shall at all times
keep the Health DepartmentZoning Administrator informed of any change in his address,
and in the event of notification of such change such notice shall be gi ven to permittee at
such changed address rather than the address appearing in the application.
§4205 REFUSAL TO ISSUE PERMIT
If the Health DepartmentZoning Administrator finds that any one or more of the
conditions set forth in §4202 are present, or would be present in the event the
application were granted, it shall refuse to issue the permit requested, and shall notify
the applicant of such action and the reason therefo r.
§4206 ADMINISTRATIVE HEARINGS
In any case where an applicant for a permit, a permittee, or any other interested person
is dissatisfied with any determination of the Health DepartmentZoning Administrator
relative to the presence or absence of any of the conditions mentioned in section 4202 of
this code, or is aggrieved by any decision of the Health DepartmentZoning Administrator
with respect to the issuance, modification or termination or refusal to issue, modify or
Page 319 of 361
3
terminate any permit required by this chapter, such person may apply for a hearing
before the Hearing Officer of the City. Such hearing shall be held within fifteen (15) days
from the date of filing the application for hearing, unless continued at the request of the
appellant. Notice of the time and place of hearing shall be given the appellant, and he
shall be entitled to appear in person or by counsel and present evidence. In the event
such a hearing is requested by other than an applicant or permittee, any applicant or
permittee affected thereby shall be given the same notice and shall have the same rights
to appear and present evidence as the person requesting the hearing.
The Hearing Officer shall hear and consider evidence presented at such hearing, and
shall decide the issue based upon the evidence presented. A decision must be rendered
in writing by such Hearing Officer within ten (10) days from the date of hearing, and a
copy of any such decision shall be furnished to the person requesting the hearing, and
affected applicant or permittee, and any other interested person requesting the same.
The decision may reverse, affirm or modify any action of the Health DepartmentZoning
Administrator, and may provide such other determination as the Hearing Officer may
deem appropriate.
* * *
SECTION TWO.
A new Section 4211 shall be added to Chapter 2 in Division 5 of the Ukiah City Code
and shall read as follows:
§4211 DEFINITIONS
Unless the context otherwise requires, the following terms shall have the following
meanings when those terms are used in this Chapter.
HEARING OFFICER. An individual appointed by the City Council to hear and decide
appeals of certain decisions made by City officials and entities, as defined further in
Section 23 of this Code.
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.
3. Effective Date: The ordinance shall become effective thirty (30) days after its
adoption.
Introduced by title only on ___________ 2020, by the following roll call vote:
AYES:
NOES:
Page 320 of 361
4
ABSENT:
ABSTAIN:
Adopted on ___________, 2020, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________
Douglas F. Crane, Mayor
ATTEST:
_______
Kristine Lawler, City Clerk
Page 321 of 361
1
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH
AMENDING DIVISION 5, CHAPTER 2 OF THE CITY CODE TO
DESIGNATE THE ENTITY AUTHORIZED TO MAKE
DETERMINATIONS ON LIVESTOCK PERMITS.
The City Council of the City of Ukiah hereby ordains as follows:
SECTION ONE.
Division 5, Chapter 2 of the Ukiah City Code is hereby amended to read as follows
(unchanged text is omitted and is shown by “* * *”):
§4200 KEEPING LIVESTOCK WITHIN CITY LIMITS PROHIBITED WITHOUT PERMIT
It shall be unlawful for any person, firm, or corporation to keep, harbor or maintain, or
cause, permit or suffer to be kept, harbored or maintained within the corporate limits of
the City any cow, bull, calf, horse, mule, jennie, jack, burro, sheep, goat, swine or any
other livestock without then and there having a valid permit in writing issued by the
Zoning Administrator of the City under the provisions of the Chapter.
§4201 APPLICATION FOR PERMIT
Any person, firm or corporation required to have a permit under the provisions of this
Chapter shall make application for the same to the Zoning Administrator of the City.
Such application shall be in writing and signed by the applicant and s hall contain the
following:
A. The name and address of the applicant.
B. The type and number of such animals.
C. The place where such animals are intended to be kept.
D. The length of time such applicant intends to keep such animals at such pla ce.
E. Such other information as may be required by the Zoning Administrator for the
enforcement of the provisions of this Chapter.
§4202 ZONING ADMINISTRATOR TO INVESTIGATE CONDITIONS; STANDARDS
Upon receipt of an application for a permit required under this Chapter the Zoning
Administrator shall make an investigation to determine if the keeping of such animals as
requested in the application would create or continue any of the follo wing conditions:
Page 322 of 361
2
A. Create a hazard to public health or safety; or,
B. Constitute a public or private nuisance; or,
C. Otherwise seriously and injuriously affect living conditions or property values in
adjacent or neighboring properties
§4203 ISSUANCE OF PERMIT; FORM; CONDITIONS
If the Zoning Administrator finds that none of the conditions set forth in §4202 are
present, or would be present in the event the application were granted, it shall issue to
the applicant the permit reque sted. The permit may be unconditional or may contain
such conditions as are deemed necessary by the Zoning Administrator. The permit shall
be in such form as prescribed by the Zoning Administrator and shall be signed by an
authorized member thereof. It shall be nontransferable and shall be valid only for the
location stated in the permit.
§4204 DURATION OF PERMIT; TERMINATION OR MODIFICATION; NOTICE TO
PERMITTEE
The permit shall continue until modified or terminated, and the same way be modified or
terminated at any time whenever in the opinion of the Zoning Administrator the
circumstances have changed so as to cause any of the conditions set forth i n §4202 to
be present. At least ten (10) day’s notice in writing shall be given the permittee prior to
any modification or termination becoming effective. Placing such notice in the regular
U.S. Mail, postage prepaid, and addressed to the permittee at the address appearing on
the application shall constitute such notice. Permittee shall at all times keep the Zoning
Administrator informed of any change in his address, and in the event of notification of
such change such notice shall be given to permittee at such changed address rather
than the address appearing in the application.
§4205 REFUSAL TO ISSUE PERMIT
If the Zoning Administrator finds that any one or more of the conditions set forth in §4202
are present, or would be present in the event the application were granted, it shall refuse
to issue the permit requested, and shall notify the applicant of such action and the
reason therefor.
§4206 ADMINISTRATIVE HEARINGS
In any case where an applicant for a permit, a permittee, or any other interested person
is dissatisfied with any determination of the Zoning Administrator relative to the presence
or absence of any of the conditions mentioned in section 4202 of this code, or is
aggrieved by any decision of the Zoning Administrator with respect to the issuance,
modification or termination or refusal to issue, modify or terminate any permit required by
this chapter, such person may apply for a hearing before the Hearing Officer of the City.
Such hearing shall be held within fifteen (15) days from the date of filing the application
for hearing, unless continued at the request of the appellant. Notice of the time and
Page 323 of 361
3
place of hearing shall be given the appellant, and he shall be entitled to appear in person
or by counsel and present evidence. In the event such a hearing is requested by other
than an applicant or permittee, any applicant or permittee affected thereby s hall be given
the same notice and shall have the same rights to appear and present evidence as the
person requesting the hearing.
The Hearing Officer shall hear and consider evidence presented at such hearing, and
shall decide the issue based upon the evidence presented. A decision must be rendered
in writing by such Hearing Officer within ten (10) days from the date of hearing, and a
copy of any such decision shall be furnished to the person requesting the hearing, and
affected applicant or permittee, and any other interested person requesting the same.
The decision may reverse, affirm or modify any action of the Zoning Administrator, and
may provide such other determination as the Hearing Officer may deem appropriate.
* * *
SECTION TWO.
A new Section 4211 shall be added to Chapter 2 in Division 5 of the Ukiah City Code
and shall read as follows:
§4211 DEFINITIONS
Unless the context otherwise requires, the following terms shall have the following
meanings when those terms are used in this Chapter.
HEARING OFFICER. An individual appointed by the City Council to hear and decide
appeals of certain decisions made by City officials and entities, as defined further in
Section 23 of this Code.
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 adop tion and again within fifteen (15) days after its
adoption.
3. Effective Date: The ordinance shall become effective thirty (30) days after its
adoption.
Introduced by title only on ___________ 2020, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Page 324 of 361
4
Adopted on ___________, 2020, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________
Douglas F. Crane, Mayor
ATTEST:
_______
Kristine Lawler, City Clerk
Page 325 of 361
30 August, 2020
Kristine Lawler, City Clerk
City of Ukiah
300 Seminary Ave
Ukiah, CA 95482
Ukiah City Council Members;
I’m writing concerning an issue on your September 2nd agenda. The subject is related to the municipal
code concerning livestock within City limits. Ruth Van Antwerp has asked the City to enforce this code
in regards to two goats at 1070 N. Oak St. This has affected her residence at 1060 N. Oak as well as
mine at 1050 N. Oak. I support her request to the Council to revisit this code, close any loopholes and
direct the City to have these goats removed.
Tom Liden
1050 N. Oak St.
Ukiah, CA. 95482
Correspondence Received for Agenda Item 13a
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August 26 , 2020
Ruth Van Antwerp
1060 N. Oak St .
Ukiah
roody@pacific.net
Dear Neighbor,
Have you noticed an increase in flies in your'yard? 1t m b y b\, die t'o the iwo go~t s'living' at 1t 10 \. Oak
St . I have biting flies for the first time in 20 years of living here . The goats arrived on June 29, 2020. The
Ukiah Municipal code explicitly forbids livestock in residential zones. The City has not been willing to
enforce the zoning code, but the issue will be on the City Council agenda September 2. You can read the
municipal code at cityofukiah.com . Please send comments to the City Council asking that they close any
loopholes in the code. I have planted 12 fruit trees, grapes and berries, and vegetables in my yard. I
thought I lived in a residential zone .
Thanks for reading this,
Ruth
707-472 -7514
ft) ¾L ';~
and 11 tfJ '2-u±h
Page 327 of 361
August 31, 2020
To the Ukiah City Council:
In 1961, the City prohibited livestock but with a giant loophole. The town was changing from rural to
urban, and the intent was to give people time to adjust. In 2020, keep it simple. Delete the loophole,
the permit. Please omit the permit from the revised livestock code. This law is fifty‐nine years old.
Ukiah was changing from rural to urban, and the permit was granted to make the change easier. We no
longer have any need for livestock in residential zones. Governing livestock adds to the workload of
Planning and Building, and they already have a full workload.
Quoting City Attorney Darcy Vaughn, “Staff intends to conduct a more comprehensive review….as time
allows.” As time allows. These are key words from Ms. Vaughn. Council, please keep it simple. Agree
with the prohibition. Make the departments’ employees’ lives easier.
Livestock in residential zones is a hazard and a nuisance. You must plan for more flies, manure and its
runoff, escaped animals and their destruction of gardens, and liability questions. Will the livestock be
slaughtered onsite? Will livestock require licenses and vaccinations like our dogs are? How will neglect
and abuse be handled? What will be the specifications for pens and fencing? Are evacuation plans
required? Planning and Building already has a huge workload: building permits, mandates from the
state of Ca., housing elements, Covid‐19, airport and much more. Please don’t add to their workload;
close the permit loophole.
Property values will go down with livestock in the neighborhood. A responsible realtor will advise you to
disclose the presence of livestock in your neighborhood if you are selling a home.
Livestock in residential zones contradicts the current General Plan. The State of California says Ukiah
will need hundreds more dwelling units in the next ten years. To avoid sprawl, we will infill our current
land space. Most town dwellers do not want to live ten feet from the odor, noise, insects and manure of
livestock. Mendocino County has an abundance of agricultural land, a good place for goats, cows,
sheep, burros, horses, and swine.
Please enhance Ukiah’s quality of life and make the livestock prohibition real.
Day 62 of two goats 14 feet from my home,
Ruth Van Antwerp
Correspondence Received for Agenda Item 13a
Page 328 of 361
Page 1 of 2
Agenda Item No: 13.b.
MEETING DATE/TIME: 9/2/2020
ITEM NO: 2019-87
AGENDA SUMMARY REPORT
SUBJECT: Discussion and Possible Action to Determine the City’s Position on the 2020 Resolution being
Considered by the League of California Cities and Provide Corresponding Voting Instructions to the City of
Ukiah’s Voting Delegate.
DEPARTMENT: City Manager /
Admin PREPARED BY: Sage Sangiacomo, City Manager
PRESENTER: Sage Sangiacomo, City Manager
ATTACHMENTS:
1. 2020 Resolution Packet
Summary: Council will discuss and provide direction to the City's voting delegate regarding the 2020 League
of California Cities Conference Resolution to be considered at the League's Annual Conference.
Background: At the City Council Meeting of July 15, 2020, the Council designated Mayor Mulheren as the
City's voting delegate, and City Manager Sangiacomo and Deputy City Manager Riley as the alternates, to
represent the City of Ukiah at the League's 2020 Annual Conference October 7 - 9, to be held virtually. At the
General Assembly meeting, the League membership considers and takes action on resolutions that establish
League policy and positions.
There is one resolution up for consideration this year:
1. A RESOLUTION OF THE GENERAL ASSEMBLY OF THE LEAGUE OF CALIFORNIA CITIES CALLING
FOR AN AMENDMENT OF SECTION 230 OF THE COMMUNICATIONS DECENCY ACT OF 1996 TO
REQUIRE SOCIAL MEDIA COMPANIES TO REMOVE MATERIALS WHICH PROMOTE CRIMINAL
ACTIVITIES
Summary - This resolution states that the League of California Cities should urge Congress to amend Section
230 of the federal Communications Decency Act of 1996 (CDA) to limit the immunity provided to online
platforms where their forums enable criminal activity to be promoted.
Ultimately, the policy objectives proposed under this resolution, if enacted, would incentivize social media
companies to establish and implement a reasonable program to identify and remove content that solicits
criminal activity.
The full resolution being considered, along with background, supporting documents, and analysis are provided
in Attachment #1, and can also be reviewed online at https://www.cacities.org/resolutions.
Discussion: Staff recommends that the Council provide direction to the voting delegate on the attached
League of California Cities Resolution. The City can choose to support, oppose or abstain.
Recommended Action: Staff recommends that the Council provide direction to the voting delegate on the
attached League of California Cities Resolution. The City can choose to support, oppose or abstain.
BUDGET AMENDMENT REQUIRED: N/A
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Page 2 of 2
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A
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Annual Conference
Resolutions Packet
2020 Annual Conference Resolutions
October 7 – 9, 2020
ATTACHMENT 1
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INFORMATION AND PROCEDURES
RESOLUTIONS CONTAINED IN THIS PACKET: The League bylaws provide that
resolutions shall be referred by the president to an appropriate policy committee for review and
recommendation. Resolutions with committee recommendations shall then be considered by the
General Resolutions Committee at the Annual Conference.
This year, one resolut ion has been introduced for consideration at the Annual Conference and
referred to League policy committees.
POLICY COMMITTEES: Two policy committees will meet virtually at the Annual Conference to
consider and take action on the resolution referred to them. The committees are: Governance,
Transparency & Labor Relations and Public Safety. These committees will meet virtually on
Tuesday, September 29, with the Governance, Transparency and Labor Relations Policy Committee
meeting from 9:30 – 11:30 a.m. and the Public Safety Policy Committee meeting from 1:00 – 3:00
p.m. The sponsor of the resolution has been notified of the t ime and location of the meeting.
GENERAL RESOLUTIONS COMMITTEE: This committee will meet virtually at 1:00 p.m. on
Thursday, October 8, to consider the reports of the policy committees regarding the resolutions. This
committee includes one representative from each of the League’s regional divisions, functional
departments and standing policy committees, as well as other individuals appointed by the League
president.
GENERAL ASSEMBLY: This meeting will be held virtually at 11:00 a.m. on Friday,
October 9.
PETITIONED RESOLUTIONS: For those issues that develop after the normal 60-day
deadline, a resolution may be introduced at the Annual Conference with a petition signed by
designated voting delegates of 10 percent of all member cities (48 valid signatures required) and
presented to the Voting Delegates Desk at least 24 hours prior to the time set for convening the
Annual Business Meeting of the General Assembly. This year, that deadline is 12:30 p.m.,
Thursday, October 8.
Any questions concerning the resolutions procedures may be directed to Meg Desmond at the
League office: mdesmond@cacities.org or (916) 658-8224
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GUIDELINES FOR ANNUAL CONFERENCE RESOLUTIONS
Policy development is a vital and ongoing process within the League. The principal means for
deciding policy on the important issues facing cities is through the League’s seven standing policy
committees and the board of directors. The process allows for timely consideration of issues in a
changing environment and assures city officials the opportunity to both initiate and influence policy
decisions.
Annual conference resolutions constitute an additional way to develop League policy. Resolutions
should adhere to the following criteria.
Guidelines for Annual Conference Resolutions
1.Only issues that have a direct bearing on municipal affairs should be considered or adopted
at the Annual Conference.
2.The issue is not of a purely local or regional concern.
3.The recommended policy should not simply restate existing League policy.
4.The resolution should be directed at achieving one of the following objectives:
(a) Focus public or media attention on an issue of major importance to cities.
(b) Establish a new direction for League policy by establishing general principals around
which more detailed policies may be developed by policy committees and the board of
directors.
(c) Consider important issues not adequately addressed by the policy committees and
board of directors.
(d) Amend the League bylaws (requires 2/3 vote at General Assembly).
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KEY TO ACTIONS TAKEN ON RESOLUTIONS
Resolutions have been grouped by policy committees to which they have been assigned.
Number Key Word Index Reviewing Body Action
1 2 3
1 - Policy Committee Recommendation
to General Resolutions Committee
2 - General Resolutions Committee
3 - General Assembly
GOVERNANCE, TRANSPARENCY & LABOR RELATIONS POLICY COMMITTEE
1 2 3
1 Amendment to Section 230 of The Communications
Decency Act of 1996
PUBLIC SAFETY POLICY COMMMITTEE
1 2 3
1 Amendment to Section 230 of The Communications
Decency Act of 1996
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KEY TO ACTIONS TAKEN ON RESOLUTIONS (Continued)
Resolutions have been grouped by policy committees to which they have been assigned.
KEY TO REVIEWING BODIES KEY TO ACTIONS TAKEN
1. Policy Committee A Approve
2. General Resolutions Committee D Disapprove
3. General Assembly N No Action
R Refer to appropriate policy committee for
study
ACTION FOOTNOTES
a Amend+
* Subject matter covered in another resolution Aa Approve as amended+
** Existing League policy Aaa Approve with additional amendment(s)+
*** Local authority presently exists Ra Refer as amended to appropriate policy
committee for study+
Raa Additional amendments and refer+
Da Amend (for clarity or brevity) and
Disapprove+
Na Amend (for clarity or brevity) and take No
Action+
W Withdrawn by Sponsor
Procedural Note:
The League of California Cities resolution process at the Annual Conference is guided by the League
Bylaws. A helpful explanation of this process can be found on the League’s website by clicking on this
link: Resolution Process.
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1.A RESOLUTION OF THE GENERAL ASSEMBLY OF THE LEAGUE OF
CALIFORNIA CITIES CALLING FOR AN AMENDMENT OF SECTION 230
OF THE COMMUNICATIONS DECENCY ACT OF 1996 TO REQUIRE
SOCIAL MEDIA COMPANIES TO REMOVE MATERIALS WHICH
PROMOTE CRIMINAL ACTIVITIES
Source: City of Cerritos
Concurrence of five or more cities/city officials
Cities: City of Hawaiian Gardens, City of Lakewood, City of Ontario, City of Rancho
Cucamonga, City of Roseville
Referred to: Governance, Transparency and Labor Relations and Public Safety Policy
Committees
WHEREAS, local law enforcement agencies seek to protect their communities’
residents, businesses, and property owners from crime; and
WHEREAS, increasingly, criminals use social media platforms to post notices of places,
dates and times for their followers to meet to commit crimes; and
WHEREAS, Section 230 of the Communications Decency Act of 1996 currently
provides online platforms (including social media platforms) immunity from civil liability based
on third -party content and for the removal of content; and
WHEREAS, in the 25 years since Section 230’s enactment, online platforms no longer
function simply as forums for the posting of third-party content but rather use sophisticated
algorithms to promote content and to connect users; and
WHEREAS, the United States Department of Justice, in its June 2020 report, “Section
230 — Nurturing Innovation or Fostering Unaccountability?,” concluded the expansive
interpretation courts have given Section 230 has left online platforms immune from a wide array
of illicit activity on their services, with litt le transparency or accountability, noting it “makes
little sense” to immunize from civil liability an online platform that purposefully facilitates or
solicits third-party content or activity that violates federal criminal law; and
WHEREAS, current court precedent interpreting Section 230 also precludes state and
local jurisdictions from enforcing criminal laws against such online platforms that, while not
actually performing unlawful activities, facilitate them; and
WHEREAS, amendment of Section 230 is necessary to clarify that online platforms are
not immune from civil liability for promoting criminal activities; and
NOW, THEREFORE, BE IT RESOLVED at the League General Assembly, assembled
at the League Annual Conference on October 9, 2020 in Long Beach, California, that the League
calls upon the U.S. Congress to amend Section 230 of the Communications Decency Act of 1996
to condition immunity from civil liability on the following:
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1.Online platforms must establish and implement a reasonable program to identify and take
down content which solicits criminal activity; and
2.Online platforms must provide to law enforcement information which will assist in the
identification and apprehension of persons who use the services of the platform to solicit
and to engage in criminal activity; and
3.An online platform that willfully or negligently fails in either of these duties is not
immune from enforcement of state and local laws which impose criminal or civil liability
for such failure.
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Background Information to Resolution
Source: City of Cerritos
Background:
Social media platforms are now used as a pr imary means o f communication, including by
criminals who use them to advertise locations, dates, and times where the criminal acts will take
place. Such co mmunications, because they occur online, render the online platform immune
from any civil liability for the costs incurred by law enforcement agencies that respond under
Section 230 of the Communications Decency Act of 1996. Immunity from civil liability extends
even to injunctive relief, t hus pr even ting local go ve rnments from merely seeking an injunction
against the online platform to have such a post removed.
The City of Cerritos supports the rights of free speech and assembly guaranteed under the First
Amendment, but believes cities should have t he abi lity t o hold social media companies liable for
their role in promoting criminal acts. Recently, the City suffered thousands of do llars in damages
to respond to online threats that the Cerritos Mall would be looted. Anonymous posts on
Instagram.com invited followers to “work together to loot Cerritos [M]all” only several days
after the Lakewood Mall had been looted, causing thousands of dollars in damages. The posts
were made under the names “cerritosmalllooting” and “cantstopusall,” among others. The City of
Cerritos had no choice but to initiate response to protect the Mall and the public from this
credible threat.
At the same time local governments face historic shortfalls owing to the economic effects of
COVID-19, the nation’s so cial media platforms are seeing a record rise in profits. The broad
immunity provided by Section 230 is completely untenable. Online platforms should be held
responsible—and liable—for the direct harm they facilitate. Local governments are in no
position to bear the costs of the crimes facilitated by these companies alone.
Congress is currently reviewing antitrust legislation and by extension, Section 230’s immunity
provisions. The League urges Congress to amend Section 230 to limit the immunity provided to
online platforms when they promote criminal act ivity to provide local governments some
measurable form of relief.
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League of California Cities Staff Analysis on Resolution No. 1
St aff: Charles Harvey, Legislative Representative
Bijan Mehryar, Legislative Representative
Caroline Cirrincione, Policy Analyst
Johnnie Piña, Policy Analyst
Committees: Governance, Transparency and Labor Relations
Public Safety
Summary:
This resolution states that the League of California Cities should urge Congress to amend Section
230 of the federal Communications Decency Act of 1996 (CDA) to limit the immunity provided
to online platforms where their forums enable criminal activity to be promoted.
Ultimately, the policy objectives proposed under this resolution, if enacted, would incentivize
social media companies to establish and implement a reasonable program to identify and remove
content that solicits criminal activity.
Background:
The City of Cerritos is sponsoring this resolution in reaction to events whereby persons, using
social media platforms to coordinate locations, dates, and times for their planned criminal
activity, have committed acts of looting and vandalism resulting in both actual economic harm
for targeted businesses, and pecuniary loss to cities who used resources to prevent such acts from
occurring when such plans are discovered.
For example, just days after the Lakewood Mall had been looted, the City of Cerritos uncovered
online communications via social media that persons were planning to target the nearby Cerritos
Mall. Consequently, the city felt compelled to undertake measures to protect the Cerritos Mall,
costing the city thousands of dollars to guard against what officials believed to be a credible
threat.
Staff Comments:
Overview:
While there is certainly an argument to substantiate concerns around censorship, the use of social
media as a tool for organizing violence is equally disturbing.
Throughout much of the 2020 Summer, there have been many reports of looting happening
across the country during what were otherwise mostly peaceful demonstrations. Combined with
the speculation of who is really behind the looting and why, the mayhem has usurped the
message of peaceful protestors, causing a great deal of property damage in the process.
Likewise, these criminal actions have upended the livelihood of some small business owners,
many of whom were already reeling in the wake of the COVID-19 pandemic.
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While social media allows people to connect in real time with others all over the world,
organized illegal activity using social media is made easier by the anonymous nature of virtual
interactions.
Nation’s Reaction to the Murder of George Floyd:
Shortly after the senseless killing of George Floyd by law enforcement on May 26, 2020, civil
unrest began as local protests in the Minneapolis–Saint Paul metropolitan area of Minnesota
before quickly spreading nationwide to more than 2,000 cities and towns across the United
States, and in approximately 60 countries in support of the Black Lives Matter movement.
Protests unfolded across the country throughout the entire month of June and into July, and
persisted in a handful of cities such as Portland and Seattle into the month of August .
Although the majority of protests were peaceful, some demonstrations in cities escalated into
riots, looting, and street skirmishes with police. While much of the nation’s focus has been on
addressing police misconduct, police brutality, and systemic racism, some have used
demonstrators’ peaceful protests on these topics as opportunities to loot and/or vandalize
businesses, almost exclusively under the guise of the “Black Lives Matter” movement. It has
been uncovered that these “flash robs”1 were coordinated through the use of social media. The
spontaneity and speed of the attacks enabled by social media make it challenging for the police
to stop these criminal events as they are occurring, let alone prevent them from commencing
altogether.
As these events started occurring across the country, investigators quickly began combing
through Facebook, Twitter, and Instagram seeking to identify potentially violent extremists,
looters, and vandals and finding ways to charge them after — and in some cases before — they
sow chaos. While this technique has alarmed civil liberties advocates, who argue the strategy
could negatively impact online speech, law enforcement officials claim it aligns with
investigation strategies employed in the past.
Section 230 and other Constitutional Concerns
At its core, Section 230(c)(1) of the CDA provides immunity from liability for providers and
users of an “interactive computer service” who publish information provided by third-party
users. Essentially, this protects websites from lawsuits if a user posts something illegal, although
there are exceptions for copyright violations, sex work-related material, and violations of federal
criminal law.
Protections from Section 230 have come under more recent scrutiny on issues related to hate
speech and ideological biases in relation to the influence technology companies can hold on
political discussions.
Setting aside Section 230, there are some potential constitutional issues one could raise, should
there be an attempt to implement such a resolution into statute.
1 The “flash robs” phenomenon—where social media is used to organize groups of teens and young
adults to quickly ransack and loot various retail stores—began to occur sporadically throughout the United
States over the past ten years.
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In the United States, the First Amendment prohibits the government from restricting most forms
of speech, which would include many proposals to force tech companies to moderate content.
While “illegal” types of speech enjoy limited or no First Amendment protection, the line for
delineating between “legal” and “illegal” speech is very difficult to determine. Consequently,
one would expect online platforms to push back on whether there is a constitutionally feasible
way for them to “identify” protected speech versus unprotected speech, or whether there is a
feasible way to define “content which solicits criminal activity.” A law requiring companies to
moderate content based on the political viewpoint it expresses, for example, would likely be
struck down as unconstitutional.
Nonetheless, private companies can create rules to restrict speech if they so choose. Online
platforms sometimes argue they have constitutionally-protected First Amendment rights in their
“editorial activity,” and therefore, it violates their constitutional rights to require them to monitor
(i.e., “identify and take down”) content that may be protected under the First Amendment. They
may also argue, along the same lines, that the government may not condition the granting of a
privilege (i.e., immunity) on doing things that amount to a violation of their first amendment
rights. This is why Facebook and Twitter ban hate speech and other verifiably false information,
for example, even though such speech is permitted under the First Amendment.
With respect to privacy and the Fourth Amendment, online platforms may argue that requiring
them to “provide to law enforcement information that will assist in the identification and
apprehension of persons who use the services of the platform to solicit and to engage in criminal
activity,” turns them into government actors that search users’ accounts without a warrant based
on probable cause, in violation of the Fourth Amendment.
Industry Perspective
Unsurprisingly, industry stakeholders have strong opinions for what such changes could mean
for their respective business models.
For instance, a Facebook spokesperson recently noted in a Fortune article that, “By exposing
companies to potential liability for everything that billions of people around the world say, this
would penalize companies that choose to allow controversial speech and encourage platforms to
censor anything that might offend anyone.”
The article acknowledges that in recent years, both political parties have put social media
companies under increased scrutiny, but they are not unified in their stated concerns. While
Republicans accuse the companies of unfairly censoring their post, Democrats complain that
these companies fail to do enough to block misinformation, violent content, and hate speech.
The article concludes that there is no way companies like Facebook and Twitter could operate
without Section 230, and that the removal of this section would thereby “eliminate social media
as we know it.”
Recent Federal Action on Social Media
The President recently issued an Executive Order on Preventing Online Censorship. In it, he
notes the following:
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“The growth of online platforms in recent years raises important questions about applying
the ideals of the First Amendment to modern communications technology. Today, many
Americans follow the news, stay in touch with friends and family, and share their views
on current events through social media and other online platforms. As a result, these
platforms function in many ways as a 21st century equivalent of the public square.
Twitter, Facebook, Instagram, and YouTube wield immense, if not unprecedented, power
to shape the interpretation of public events; to censor, delete, or disappear information;
and to control what people see or do not see.”
Ultimately the President implores the U.S. Attorney General to develop a proposal for federal
legislation that “would be useful to promote the policy objectives of this order.” The President is
not subtle in communicating his desire to ultimately see legislation heavily slanted toward the
preservation of free speech on social media, which some interpret as a maneuver to preempt
Twitt er and Facebook from regulating speech they otherwise deem as hateful or demonstrably
false.
Considerations for Congress
Courts have generally construed Section 230 to grant internet service providers broad immunity
for hosting others’ content. Many have claimed that Section 230’s immunity provisions were
critical to the development of the modern internet, and some continue to defend Section 230’s
broad scope. But simultaneously, a variety of commentators and legislators have questioned
whether those immunity provisions should now be narrowed, given that the internet looks much
different today than it did in 1996 when Section 230 was first enacted.
One way for Congress to narrow Section 230’s liability shield would be to create additional
exceptions, as it did with FOSTA and SESTA2. If a lawsuit does not fall into one of the express
exceptions contained in Section 230(e)3, courts may have to engage in a highly fact-specific
inquiry to determine whether Section 230 immunity applies: Section 230(c)(1) immunity will be
inapplicable if the provider itself has developed or helped to develop the disputed content, while
Section 230(c)(2) immunity may not apply if a service provider’s decision to restrict access to
content was not made in good faith.
Date Storage and Usage Considerations for Cities
Section 2 of the conditions the resolution applies to civil immunity requires that online platforms
provide relevant information to law enforcement to assist in the identification and apprehension
of persons who use the services of the platform to solicit and to engage in criminal activity. This
section would most likely require the development of new procedures and protocols that govern
law enforcements usage and retention of such information. Those new policies and procedures
would undoubtedly raise privacy concerns depending on how wide the latitude is for law
2 The Fight Online Sex Trafficking Act (FOSTA) and the Stop Enabling Sex Traffickers Act (SESTA)
create an exception to Section 230 that means website publishers would be responsible if third parties
are found to be posting ads for prostitution — including consensual sex work — on their platforms.
3 Section 230(e) says that Section 230 will not apply to: (1) federal criminal laws; (2) intellectual property
laws; (3) any state law that is “consistent with” Section 230; (4) the Electronic Communications Privacy
Act of 1986; and (5) civil actions or state prosecutions where the underlying conduct violates federal law
prohibiting sex trafficking.
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enforcement to request such information. In those circumstances cities could end up themselves
incurring new liability for the governance of data that could either violate certain privacy rules o r
increase their data governance costs.
Fiscal Impact:
Unlike the costly resources needed to support or oppose a ballot measure, a federal resolution
from the League of California Cities that simply urges Congress to undertake certain action
should have a negligible fiscal impact, if any monetary impact at all.
Regarding cities, if social media had no immunity for its failure to police content that solicits
criminal activity, then an individual city could theoretically save thousands if not millions of
dollars, depending on its size and other subjective circumstances. Collectively, cities across the
country could potentially save at least hundreds of millions between redress for actual economic
harm suffered and/or the cost of preventative measures taken to stop criminal activity from
occurring in the first place.
Conversely, if social media platforms were to shut down, due to an inability to comply with a
policy requirement to regulate speech on the internet, it is unclear on how cities might be
impacted from a fiscal standpoint.
Existing League Policy:
Public Safety:
Law Enforcement
The League supports the promotion of public safety through:
•Stiffer penalties for violent offenders, and
•Protecting state Citizens’ Option for Public Safety (COPS) and federal Community
Oriented Police Services (COPS) funding and advocating for additional funding for local
agencies to recoup the costs of crime and increase community safety.
Violence
The League supports the reduction of violence through strategies that address gang violence,
domestic violence, and youth access to tools of violence, including but not limited to firearms,
knives, etc.
The League supports the use of local, state, and federal collaborative prevention and intervention
methods to reduce youth and gang violence.
Governance, Transparency & Labor Relations:
Private Sector Liability
The League will work closely with private sector representatives to evaluate the potential for
League support of civil justice reform measures designed to improve the business climate in
California. These measures should be evaluated on a case-by-case basis through the League
police process.
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Questions to Consider:
Many cities obviously believe that creating civil liability for social media platforms—due to their
role in providing the communication mediums for those who organize looting attacks— is key to
deterring this organized criminal activity.
If such a change was actually passed by Congress, it would force social media to essentially
police every conversation on stakeholders’ respective platforms, putting immense pressure on the
industry to make subjective determinations about what conversations are appropriate and what
are unacceptable.
At the end of the day, there are a few questions to consider in assessing this proposed resolution:
1)What would this resolution’s impact be on free speech and government censorship?
2)What are the expectations for cities when they receive information from a social media
platform about a potentially credible threat in their respective communities? Does a city
become liable for having information from a social media platform and the threat
occurs?
3)What would the costs be to develop and maintain new data governance policies,
including data infrastructure, to store this information?
4)What is the role of the League in engaging in issues relating to someone’s privacy?
Support:
The following letters of concurrence were received:
City of Hawaiian Gardens
City of Lakewood
City of Ontario
City of Rancho Cucamonga
City of Roseville
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LETTERS OF CONCURRENCE
Resolution No. 1
Amendment to Section 230 of the Communications
Decency Act of 1996
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Page 1 of 2
Agenda Item No: 13.c.
MEETING DATE/TIME: 9/2/2020
ITEM NO: 2020-553
AGENDA SUMMARY REPORT
SUBJECT: Possible Introduction of Ordinance by Title Only, Amending Sign Ordinance.
DEPARTMENT: City Attorney PREPARED BY: David Rapport, City Attorney
PRESENTER: David Rapport, City Attorney
ATTACHMENTS:
1. Sign Ordinance Amendment - REDLINED
2. Sign Ordinance Amendment - CLEAN
Summary: City Council will consider whether to amend Ukiah City Code Section 3224.C which lists "Political
Signs" as exempt from requiring a sign permit. The proposed amendment would delete the requirement that
the sign not be erected more than 60 days before the election to resolve a potential conflict with the First
Amendment.
Background: The Ukiah Sign Ordinance in Section 3200.44 defines a "Political Sign" as a sign designed for
the purpose of soliciting support of, or opposition to, a candidate or proposition at a public election. Currently,
Ukiah City Code Section 3224.C exempts Political Signs, along with other listed types of signs, from the permit
requirement, if the sign is erected no more than 60 days before the election and is removed no more than 10
days after the election.
The City Council heard a concern from a City Council member that a political sign may have been erected
within city limits more than 60 days before the upcoming election on November 2, 2020. In advising how to
respond to the issue, the City Attorney informed the City Clerk and later the City Council that several federal
district courts had invalidated as, an unconstitutional violation of the First Amendment, a 60-day limit on
similar political signs.
The City Council requested that the matter be placed on the agenda to discuss and possibly amend the Sign
Ordinance to avoid the potential conflict with the First Amendment.
Discussion: The federal district court in Sacramento struck down a 60-day time limit on small temporary
political signs as violating the First Amendment. (Antioch v. Candidates' Outdoor Graphic Service, 557 F.
Supp. 52 (1982). Its decision has been followed three times by other federal district courts in California. The
9th Circuit and the U.S. Supreme Court have not decided the issue.
The First Amendment claim arose in the Antioch case, because the 60-day limit in the city ordinance was
directed at “political signs” which are distinguished by their content from other types of signs. Because the 60-
day limit was applied to these signs, which are distinguished by the message communicated by the sign, the
limit was considered a form of regulating speech content, which is presumed to be a per se violation of the
First Amendment. Because of the presumption of unconstitutionality arising from the limitation on political
signs in the Antioch case, Antioch had to prove that the 60-day limit was the least restriction possible to
achieve its objective and the purpose of the regulation couldn’t be achieved by other less restrictive means.
The court found that political signs before an election are a localized form of communication available to
candidates or to persons supporting or opposing ballot measures that are less expensive and potentially more
effective than radio or television. The court held that Antioch failed to show that the ordinance used the least
Page 351 of 361
Page 2 of 2
drastic measures necessary to achieve its ends. Other options available to the city were possible regulation of
the size and construction of signs, and clean-up and removal requirements.
The simple solution to avoid the possible First Amendment violation is to simply delete the 60-day limit from
Section 3224.C, as proposed in the Ordinance amending Section 3224.C, which is attached in redlined format
(Attachment 1) to show the deletion and a clean version (Attachment 2) to adopt, if the Council so chooses.
This is the quick fix to the potential conflict with the First Amendment. At a later date, the City Council may
want to consider a more extensive review of the sign ordinance to address any other potential constitutional
violations or other concerns that have arisen in administering the ordinance over the last 39 years since it was
first adopted.
Recommended Action: Introduce by title only amendment to Ukiah City Code Section 3224.C listing "Political
Signs" as exempt from requiring a sign permit.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A
Page 352 of 361
1
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING UKIAH CITY
CODE SECTION 3224 IDENTIFYING SIGNS THAT DO NOT REQUIRE A SIGN PERMIT
The City Council of the City of Ukiah hereby ordains as follows.
SECTION 1
§3224 SIGNS EXEMPTED FROM PERMIT REQUIREMENTS
The following signs do not require a sign permit:
A. Professional or business signs in residential zones not to exceed two (2) square feet in area for home
occupations as allowed by the zoning ordinance.
B. For real estate signs, no single face may exceed six (6) square feet for each single-family home or duplex,
and sixteen (16) square feet for multiple-family uses. Signs for commercial uses may not exceed thirty-two (32)
square feet per face. These signs must be removed when the property is taken off the market.
C. One political campaign sign on private property not exceeding four (4) square feet in area or four feet (4’)
in height. These signs shall be removed within ten (10) days following the elections. Such signs shall not be
erected prior to sixty (60) days before the election.
D. Names of buildings or dates of erection of buildings when cut in a masonry surface or constructed of
bronze or other incombustible material.
E. Traffic or other municipal signs, railroad crossing signs, danger and other such emergency signs including
wording painted on streets.
F. Signs of a directional nature for special events not to exceed twenty four (24) square feet each to be
allowed for the duration of the event, but not to exceed fourteen (14) days.
G. Permanent signs serving as directional signs to institutes of an educational, religious, charitable or civic
nature not to exceed four (4) square feet in area.
H. Directional signs located within parking lots identifying the entrance and exit and other directional
information only. Such signs shall not exceed four (4) square feet each or eight (8) square feet for all such signs
per acre of parking.
I. Signs showing the location of public telephones, restrooms and underground utility facilities.
J. Signs (or decals) advertising credit cards, association memberships or trading stamps not to exceed two (2)
square feet for each sign.
K. Holiday lights, decorations and displays, provided such lights, decorations and displays are removed within
ten (10) days after the holiday.
L. Any sign, posting, notice, etc., placed by or required by a governmental entity in carrying out its
responsibility to protect the general health and welfare of the community.
Formatted: Font: (Default) Times New Roman, 12 pt
ATTACHMENT 1
Page 353 of 361
2
M. Street signs and address numbers.
N. Downtown parking district signs with business identification.
O. Signs prohibiting parking on private property in conformance with section 7389 of this code.
SECTION 4
1. SEVERABILITY.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its
application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity
or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections,
subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person
or circumstance. The City Council of the City of Ukiah hereby declares that it would have adopted each
section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any
one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be
declared invalid or unenforceable.
2. EFFECTIVE DATE.
This ordinance shall become effective thirty (30) days after adoption.
Introduced by title only on September 2, 2020 by the following roll call vote:
AYES:
NOS:
ABSENT:
ABSTAIN:
Passed and adopted on ______, 2020 by the following vote:
AYES:
NOS:
ABSENT:
ABSTAIN:
_______________________________
Douglas F. Crane, Mayor
ATTEST:
______________________________
Kristine Lawler, City Clerk
Formatted: Font: Times New Roman, 12 pt
Formatted: Space After: 15 pt, Adjust space between Latin
and Asian text, Adjust space between Asian text and
numbers, Font Alignment: Baseline, Pattern: Clear (White)
Formatted: Font: (Default) Times New Roman, 12 pt
Formatted: Font: (Default) Times New Roman, 12 pt
Formatted: Font: (Default) Times New Roman, 12 pt
Formatted: Font: (Default) Times New Roman, 12 pt
Page 354 of 361
1
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING
UKIAH CITY CODE SECTION 3224 IDENTIFYING SIGNS THAT DO NOT REQUIRE
A SIGN PERMIT
The City Council of the City of Ukiah hereby ordains as follows.
SECTION 1
§3224 SIGNS EXEMPTED FROM PERMIT REQUIREMENTS
The following signs do not require a sign permit:
A. Professional or business signs in residential zones not to exceed two (2) square feet in area
for home occupations as allowed by the zoning ordinance.
B. For real estate signs, no single face may exceed six (6) square feet for each single-family
home or duplex, and sixteen (16) square feet for multiple-family uses. Signs for commercial uses
may not exceed thirty-two (32) square feet per face. These signs must be removed when the
property is taken off the market.
C. One political campaign sign on private property not exceeding four (4) square feet in area or
four feet (4’) in height. These signs shall be removed within ten (10) days following the
elections.
D. Names of buildings or dates of erection of buildings when cut in a masonry surface or
constructed of bronze or other incombustible material.
E. Traffic or other municipal signs, railroad crossing signs, danger and other such emergency
signs including wording painted on streets.
F. Signs of a directional nature for special events not to exceed twenty four (24) square feet
each to be allowed for the duration of the event, but not to exceed fourteen (14) days.
G. Permanent signs serving as directional signs to institutes of an educational, religious,
charitable or civic nature not to exceed four (4) square feet in area.
H. Directional signs located within parking lots identifying the entrance and exit and other
directional information only. Such signs shall not exceed four (4) square feet each or eight (8)
square feet for all such signs per acre of parking.
I. Signs showing the location of public telephones, restrooms and underground utility facilities.
ATTACHMENT 2 - CLEAN
Page 355 of 361
2
J. Signs (or decals) advertising credit cards, association memberships or trading stamps not to
exceed two (2) square feet for each sign.
K. Holiday lights, decorations and displays, provided such lights, decorations and displays are
removed within ten (10) days after the holiday.
L. Any sign, posting, notice, etc., placed by or required by a governmental entity in carrying
out its responsibility to protect the general health and welfare of the community.
M. Street signs and address numbers.
N. Downtown parking district signs with business identification.
O. Signs prohibiting parking on private property in conformance with section 7389 of this
code.
SECTION 4
1.SEVERABILITY.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance,
or its application to any person or circumstance, is for any reason held to be invalid or
unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of
the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of
this Ordinance, or its application to any other person or circumstance. The City Council of the
City of Ukiah hereby declares that it would have adopted each section, subsection, subdivision,
paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other
sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared
invalid or unenforceable.
2. EFFECTIVE DATE.
This ordinance shall become effective thirty (30) days after adoption.
Introduced by title only on September 2, 2020 by the following roll call vote:
AYES:
NOS:
ABSENT:
ABSTAIN:
Passed and adopted on ______, 2020 by the following vote:
AYES:
NOS:
Page 356 of 361
3
ABSENT:
ABSTAIN:
_______________________________
Douglas F. Crane, Mayor
ATTEST:
______________________________
Kristine Lawler, City Clerk
Page 357 of 361
Page 1 of 1
Agenda Item No: 13.d.
MEETING DATE/TIME: 9/2/2020
ITEM NO: 2019-62
AGENDA SUMMARY REPORT
SUBJECT: 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).
DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk
PRESENTER: Sage Sangiacomo, City Manager
ATTACHMENTS:
1. 2020 City Council Special Assignments - 07-06-20
Summary: City Council members will provide reports and updates on their committee and ad hoc
assignments. If necessary, the Council may consider modifications.
Background: City Council members are assigned to a number of committees and ad hoc activities. These
assignments are included as Attachment #1.
Discussion: Previously, the City Council discussed having more time allocated to reporting on committee and
ad hoc activities. Often, the Council Reports section of the regular agenda is rushed due to impending
business (i.e., public hearings), and not enough time is afforded for reports beyond community activities.
In an effort to foster regular updates on committee and ad hoc assignments, this item is being placed on the
agenda to provide the City Council members an expanded opportunity to report on assignments and modify
assignments as necessary.
Recommended Action: Receive report(s). The Council will consider modifications to committee and ad hoc
assignments along with the creation/elimination ad hoc(s).
BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A
Page 358 of 361
2020 CITY COUNCIL SPECIAL ASSIGNMENTS
COUNTY/REGIONAL
OnGoing One + Alternate MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT
Disaster Council
Shall meet a minimum
of twice a year at a
time and place
designated upon call
of the chair
Place designated upon call of the
chair or, if she/he is unavailable
or unable to call such meeting,
the first vice chair and then the
City Manager or her/his
designee.
Emergency Management
Coordinator
300 Seminary Ave.
Ukiah, CA 95482
467-5765 - Tami Bartolomei
Develop any necessary emergency and
mutual aid plans, agreements, ordinances,
resolutions, rules, and regulations.
Mulheren
Orozco- Alternate
Tami Bartolomei, Community Services
Administrator; 467-5765
tbartolomei@cityofukiah.com
Greater Ukiah Business & Tourism
Alliance
3rd Tuesday of month,
11:30 a.m.
200 S School St.
Ukiah, CA 95482
200 S School St.
Ukiah, CA 95482
Promotes tourism and works to strengthen
and promote the historic downtown and
businesses within the greater Ukiah area
Mulheren Shannon Riley,Deputy City Manager;
467-5793 sriley@cityofukiah.com
Mendocino Council of Governments
(MCOG)
1st Monday of month,
1:30 p.m.
Board of Supervisors Chambers
501 Low Gap Road
Ukiah, CA
Executive Director
367 N. State Street, Ste. 206
Ukiah, CA 95482
463-1859
Plan and allocate State funding,
transportation, infrastructure and project
County wide
Brown
Mulheren- Alternate
Tim Eriksen, Public Works Director/City
Engineer; 463-6280 teriksen@cityofukiah.com
Mendocino County Inland Water and
Power Commission (IWPC)
2nd Thursday of
month, 6:00 p.m.
Civic Center
300 Seminary Avenue
conference room 5
IWPC Staff
P.O. Box 1247
Ukiah, CA 95482
391-7574 - Candace Horsley
Develops coordination for water resources
and current water rights: Potter Valley
project - Eel River Diversion
Orozco
Brown- Alternate
Sean White,Director of Water Resources;
463-5712 swhite@cityofukiah.com
Mendocino Solid Waste Management
Authority (MSWMA)
3rd Thursday of every
other month (varies),
10:00 a.m.
Willits Council Chambers
Solid Waste Director
3200 Taylor Drive
Ukiah, CA 95482
468-9710
County-wide Solid Waste JPA Brown
Scalmanini- Alternate
Tim Eriksen, Public Works Director/City
Engineer; 463-6280 teriksen@cityofukiah.com
Mendocino Transit Authority (MTA)
Board of Directors
Last Wednesday of
month, 1:30 p.m.
Alternating locations - Ukiah
Conference Center or Fort
Bragg, or Point Arena
Executive Director
241 Plant Road
Ukiah, CA 95482
462-1422
County-wide bus transportation issues and
funding
Mulheren
Brown- Alternate
Tim Eriksen, Public Works Director/City
Engineer; 463-6280 teriksen@cityofukiah.com
North Coast Opportunities (NCO)4th Wednesday of
month, 2 p.m.
Alternating locations - Ukiah and
Lakeport
Ross Walker, Governing Board Chair
North Coast Opportunities
413 North State Street
Ukiah, CA 95482
Assist low income and disadvantaged
people to become self reliant
Bartolomei
(appointed 12/19/18)
Tami Bartolomei, Community Services
Administrator; 467-5765
tbartolomei@cityofukiah.com
North Coast Rail Authority (NCRA)2nd Wednesday of
month, 10:30 a.m.Various Locations - announced
419 Talmage Road, Suite M
Ukiah, CA 95482
463-3280
Provides a unified and revitalized rail
infrastructure meeting the freight and
passenger needs of the region
Shannon Riley, Deputy
City Manager Shannon Riley,Deputy City Manager;
467-5793 sriley@cityofukiah.com
Russian River Watershed Association
(RRWA)
4th Thursday of
month, 9:00 a.m. (only
5 times a year)
Windsor Town Hall
Russian River Watershed Association
Attn: Daria Isupov
425 South Main St., Sebastopol, CA
95472
666-4857
Consider issues related to Russian river -
plans projects and funding requests
Mulheren
Brown- Alternate
Tim Eriksen, Public Works Director/City
Engineer;463-6280 teriksen@cityofukiah.com
Ukiah Valley Basin Groundwater
Sustainability Agency (GSA)
2nd Thursday of
month, 1:30 p.m.
Board of Supervisors Chambers;
501 Low Gap Road
Ukiah, CA
County Executive Office
Nicole French
501 Low Gap Rd., Rm. 1010
Ukiah, CA 95482
463-4441
GSA serves as the Groundwater
Sustainability Agency in the Ukiah Valley
basin
Crane
Mulheren- Alternate
Sean White, Director of Water Resources;
463-5712 swhite@cityofukiah.com
COUNTY/REGIONAL
One + Staff Alternate MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT
Economic Development & Financing
Corporation (EDFC)
2nd Thursday of
month, 2:00 p.m.
Primarily 631 S. Orchard Street
(location varies)
Executive Director
631 South Orchard Avenue
Ukiah, CA 95482
467-5953
Multi-agency co-op for economic
development and business loan program
Riley
(appointed 12/19/18)
Shannon Riley, Deputy City Manager;
467-5793 sriley@cityofukiah.com
Sun House Guild ex officio 2nd Tuesday of
month, 4:30 p.m.
Sun House
431 S. Main St.
Ukiah, CA
431 S. Main Street
Ukiah, CA 95482
467-2836
Support and expand Grace Hudson
Museum
Bartolomei
(appointed 12/19/18)
David Burton, Museum Director; 467-2836
dburton@cityofukiah.com
Continued -
COUNTY/REGIONAL
One + Staff Alternate
MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT
Mendocino Youth Project JPA Board of
Directors
3rd Wednesday of
month, 7:45 a.m.
776 S. State Street Conference
Room
Mendocino Co. Youth Project
776 S. State Street, Ste. 107
Ukiah, CA 95482
707-463-4915
Targets all youth with a focus on drug and
alcohol prevention, healthy alternatives and
empowering youth to make healthy choices
Noble Waidelich, Police
Lieutenant
Noble Waidelich, Police Lieutenant; 463‐6249;
nwaidelich@cityofukiah.com
Northern California Power Agency
(NCPA)
4th Thursday of
month, 9:00 a.m. (see
calendar from NCPA)
Roseville, CA
and other locations
651 Commerce Drive
Roseville, CA 95678
916-781-4202
Pool of public utilities for electric generation
and dispatch
Crane
Grandi - Alternate
Mel Grandi, Electric Utility Director; 463-
6295 mgrandi@cityofukiah.com
1 6/22/2020
ATTACHMENT 1
Page 359 of 361
2020 CITY COUNCIL SPECIAL ASSIGNMENTS
LOCAL/COUNTY/REGIONAL/LIASONS
OnGoing One or Two Council and/or
Staff
MTG DATE/TIME LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT
Adventist Health Community Advisory
Council
Quarterly:
Aug. 27, 6:45 a.m.
Nov 5, 6:45 a.m.
275 Hospital Drive
Ukiah, CA 95482
275 Hospital Drive
Ukiah, CA 95482
707-463-7623
Allyne Brown - Allyne.Brown@ah.org
Provides the Adventist Health Ukiah Valley
(AHUV) Governing Board and
Administration with advice, support, and
suggestions on matter of importance to
Mendocino, Lake and Sonoma Counties.
Brown Kristine Lawler, City Clerk, 463-6217
klawler@cityofukiah.com
League of California Cities Redwood
Empire Legislative Committee
Prior to Division
Meetings, meets 3x in
person and then via
conference call
Various locations that are
announced
Redwood Empire League President;
Public Affairs Program Manager
(916) 658-8243
Elected city officials and professional city
staff attend division meetings throughout
the year to share what they are doing and
advocate for their interests in Sacramento
Mulheren
Brown‐ Alternate
Sage Sangiacomo, City Manager; 463-6221
ssangiacomo@cityofukiah.com
City Selection Committee Called as required by
the Clerk of the Board
BOS Conference Room
501 Low Gap Rd. Rm. 1090
Ukiah, CA
C/O: BOS
501 Low Gap Rd., Rm 1090
Ukiah, CA 95482
463-4441
Makes appointments to LAFCO and Airport
Land Use Commission Mayor Kristine Lawler, City Clerk; 463-6217
klawler@cityofukiah.com
Investment Oversight Committee Varies
Civic Center
300 Seminary Ave.
Ukiah, CA 95482
Civic Center
300 Seminary Ave.
Ukiah, CA 95482
Reviews City investments, policies, and
strategies
Crane
Orozco, Alternate
Alan Carter, Treasurer
Dan Buffalo, Director of Finance; 463-6220
dbuffalo@cityofukiah.com
Library Advisory Board
3rd Wednesdays of
alternate months
(beginning January),
1:00 p.m.
Various Mendocino County
Libraries
Ukiah County Library
463-4491 Review library policy and activities Mulheren
Kristine Lawler, City Clerk; 463-6217;
klawler@cityofukiah.com
Ukiah Players Theater Board of
Directors
3rd Tuesday of month,
6:00 p.m
1041 Low Gap Rd
Ukiah, CA 95482
462-1210
1041 Low Gap Rd
Ukiah, CA 95482
462-1210
To oversee the activities, organization and
purpose of the Ukiah Players Theater
Greg Owen, Airport
Manager
(appointed 12/19/18)
Kristine Lawler, City Clerk; 463-6217
klawler@cityofukiah.com
Ukiah Unified School District (UUSD)
Committee Quarterly 511 S. Orchard, Ste. D
Ukiah, CA 95482
511 S. Orchard
Ukiah, CA 95482
Information exchange with UUSD Board
Chair, Mayor, Superintendent, and City
Manager
Mayor, City Manager and
Police Chief
Sage Sangiacomo, City Manager; 463-6221
ssangiacomo@cityofukiah.com
Russian River Flood Control District
(RRFCD) Liaison
1st Monday of month,
5:30 p.m.
151 Laws Ave.,Suite D
Ukiah, CA
151 Laws Ave., Ukiah, CA 95482;
rrfc@pacific.net; 462-5278
Proactively manage the water resources of
the upper Russian River for the benefit of
the people and environment of Mendocino
County
Mulheren/Orozco
White
(appointed 12/19/18)
Sean White, Director of Water Resources;
463-5712 swhite@cityofukiah.com
HHSA Advisory Board 2nd Wednesday of
month; 9:00 a.m.
Big Sur Room
County Department of Social
Services
Executive Director
Jackie Williams - 462-1934
c/o Ford St. Project
139 Ford St.
Ukiah CA 95482
Discussions and possible work on health
and human service issues Brown - Liaison Shannon Riley, Deputy City Manager; 467-
5793 sriley@cityofukiah.com
Mendocino County Local Area
Formation Commission (LAFCO)
1st Monday of month,
9:00 a.m.Board of Supervisors Chambers
Executive Director
200 S. School Street, Ste. 2
Ukiah, CA 95482
463-4470
Required by legislation - planning spheres
of influence, annexation, service areas, and
special districts
(positions not active)
Crane
Mulheren- Alternate
Craig Schlatter, Director of Community
Development; 463-6219;
cschlatter@cityofukiah.com
Mendocino County Airport Land Use
Commission As needed
BOS Conference Room
501 Low Gap Rd., Rm. 1090,
Ukiah, CA
Mendocino County Executive Office
501 Low Gap Rd. Rm. 1010
Ukiah, CA 95482
To formulate a land use compatibility plan,
provide for the orderly growth of the airport
and the surrounding area, and safeguard
the general welfare of the inhabitants within
the vicinity
Owen/Schlatter
Greg Owen, Airport Manager; 467-2855;
gowen@cityofukiah.com
Craig Schlatter, Director of Community
Development; 463-6219;
cschlatter@cityofukiah.com
Mendocino County 2nd District Liaison 1st Wednesdays of
month, 8:00 a.m.
Civic Center Annex
conference room #5
411 West Clay St.
Ukiah, CA 95482
Civic Center
300 Seminary Ave.
Ukiah, CA 95482
To coordinate activities and policy
development with the City's 2nd District
Supervisor
Brown
Crane- Alternate
Sage Sangiacomo, City Manager;
463-6221; ssangiacomo@cityofukiah.com
LOCAL/COUNTY/REGIONAL/LIASONS
OnGoing One or Two Council and/or
Staff
MTG DATE/TIME LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT
Fire Executive Committee 2nd Wednesdays of
month, 3:45 p.m.
Ukiah Valley Conference Center,
200 S. School Street
Ukiah, CA
Stephanie Abba
Civic Center
300 Seminary Ave.
Ukiah, CA 95482
sabba@cityofukiah.com
Per the recently adopted agreement
between the City of Ukiah and the Ukiah
Valley Fire Protection District
Orozco/Brown
Doug Hutchison, Fire Chief; 463-6263;
dhutchison@cityofukiah.com
Mendocino County 5th District Liaison Monthly; TBD
Civic Center Annex
conference room #5
411 West Clay St.
Ukiah, CA 95482
Civic Center
300 Seminary Ave.
Ukiah, CA 95482
To coordinate activities and policy
development with the County's 5th District
Supervisor
Brown Sage Sangiacomo, City Manager;
463-6221; ssangiacomo@cityofukiah.com
2 6/22/2020
Page 360 of 361
COMMITTEE ASSIGNED TO PRINCIPAL STAFF SUPPORT COMMENTS
Electric Grid Operational
Improvements Crane/Scalmanini Mel Grandi, Electric Utility Director;
463-6295 mgrandi@cityofukiah.com
Downtown Parking Management Mulheren/Brown Shannon Riley, Deputy City Manager;
467-5793 sriley@cityofukiah.com
Public Works Project Specification
Development Crane/Mulheren
Tim Eriksen, Public Works Director/City
Engineer; 463-6280 teriksen@cityofukiah.com
Uniform Cost Accounting Crane/Mulheren
Tim Eriksen, Public Works Director/City
Engineer; 463-6280 teriksen@cityofukiah.com
Marbut Study Ad Hoc Brown/Scalmanini
Justin Wyatt, Police Operations Captain,
463-6760 jwyatt@cityofukiah.com
Cannabis Events
Mulheren/Brown
Tami Bartolomei, Community Services
Administrator; 467-5765
tbartolomei@cityofukiah.com
Public Right of Way Related ADA
Compliance Scalmanini/Orozco
Tim Eriksen, Public Works Director/City
Engineer; 463-6280 teriksen@cityofukiah.com
Mayor Rotation Guidelines Brown/Crane
Kristine Lawler, City Clerk;
463-6217 klawler@cityofukiah.com
2020 Rate Study for Sewer Brown/Orozco
Sean White, Director of Water Resources;
463-5712 swhite@cityofukiah.com
Tim Eriksen, Public Works Director/City
Engineer;463-6280 teriksen@cityofukiah.com
Dan Buffalo, Director of Finance; 463-6220
dbuffalo@cityofukiah.com
Budget Development Best
Practices and Financial Policy For
FY 20/21 Budget
Crane/Brown
Dan Buffalo, Director of Finance;
463-6220 dbuffalo@cityofukiah.com
Sheri Mannion, Human Resource Director/Risk
Manager; 463-6272, smannion@cityofukiah.com
Advance Planning & Policy for
Sphere of Influence (SOI),
Municipal Service Review (MSR),
Annexation, Tax Sharing,
Detachment, and Out of Area
Service Agreements
Crane/Scalmanini
Sage Sangiacomo, City Manager
463-6221 ssangiacomo@cityofukiah.com
Shannon Riley, Deputy City Manager
467-5793 sriley@cityofukiah.com
Craig Schlatter, Community Development
Director
463-6219 cschlatter@cityofukiah.com
Sean White, Director of Water Resources;
463-5712 swhite@cityofukiah.com
Tim Eriksen, Public Works Director/City
Engineer; 463-6280 teriksen@cityofukiah.com
Mel Grandi, Electric Utility Director;
463-6295 mgrandi@cityofukiah.com
Dan Buffalo, Director of Finance; 463-6220
dbuffalo@cityofukiah.com
2020 Electric Rate Study Crane/Scalmanini Mel Grandi, Electric Utility Director; 463‐6295
mgrandi@cityofukiah.com
Diversity and Equity Orozco/Mulheren TBD
2020 AD HOC COMMITTEES
3 7/6/2020
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