HomeMy WebLinkAbout2011-03-02 PacketCITY OF UKIAH
CITY COUNCIL AGENDA
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
March 2, 2011
6:00 p.m.
1. ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a. Proclamation: March: Women's History Month
b. City Accomplishments By Department
4. PETITIONS AND COMMUNICATIONS
5. APPROVAL OF MINUTES
a. Special Meeting of 2/23/11
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.
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.
a. Report To Council Of The Expenditure Of $7,516.54 To HD Supply Of Benicia For The
Purchase Of Overhead And Underground 12 kV Distribution Fault Indicators And Fiber
Optic Leads For Electric Utility Department (EUD).
b. Report To Council Of The Expenditure Of $8,541.75 To General Pacific, Inc. For The
Purchase Of Four Fiberglass Box Pad Foundations For Pad Mounted Switchgear For The
Electric Utility Department (EUD).
C. Award Purchase Of Flatbed And Utility Rack To Cooks Truck Body Manufacturing, Inc. Of
Roseville, Ca. For The Electric Utility Department In The Amount Of $10,013.13 And
Authorize The Utility Director To Approve Change Orders Not To Exceed 10% Of The Bid
Amount. (EUD)
d. Award The Purchase Of Two Submersible Vacuum Breakers To Trayer Engineering
Corporation In The Amount Of $28,714.00 Including Tax And Estimated Freight (EUD).
e. Approve The Documents Associated With Turlock Irrigation District (TID) Withdrawal From
The Northern California Power Agency (NCPA) And Authorize The City Manager To
Execute All Of The Necessary Agreements And Amendments To Proceed With The
Withdrawal (EUD).
f. Report On Status Of Guard Rail For The Babcock Lane Approach To The New Bridge
Structure Constructed For The Realignment Of Gobbi Street - Oak Manor Drive - Babcock
Lane Intersection
8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are
interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not
on this agenda, 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
a. Status Report on Building Permit Review Process
b. Status Report on Code Compliance Activities
13. NEW BUSINESS
a. Discussion And Consideration Of A Resolution In Opposition To The Governor's Proposal
To Abolish Redevelopment Agencies In California
b. Award Of Contract For Ukiah Municipal Pools Renovation Project Specification Number 10-
19 And Any Necessary Budget Amendments
C. Consideration Of Resolutions Of The Ukiah City Council In Support Of The 12th District
Agricultural Association And The Mendocino County Fair And Apple Show.
d. Discussion And Possible Adoption Of Resolution Approving Contractual Agreement(s)
Between The City Of Ukiah And The Ukiah Redevelopment Agency, Obligating The Agency
To Fund Specified Projects/Programs To Be Undertaken By The City; Adopting Any Legally
Required Findings; Authorizing The City Manager To Execute The Agreement(s) And Any
Other Related Documents; And Approving Corresponding Budget Amendment(s).
e. Discussion And Possible Adoption Resolution Approving Agreement(S) Between The City
Of Ukiah And The Ukiah Redevelopment Agency, To Transfer Agency Owned Real
Property To The City For Specified Purposes And Authorizing The City Manager To
Execute The Agreement And Any Related Documents, Including, But Not Limited To,
Deeds And Other Title Documents. (Property Subject To Conveyance May Include, But Is
Not Limited To, The Following APNs: 002-153-04, 002-153-30, 002-192-01, 002-265-09,
002-281-15, 002-281-18, 002-281-24, 002-281-28, 002-281-29, 180-080-57, 180-080-58,
180-080-59, 180-080-62, 180-080-63, 180-080-64, 180-080-65, 180-080-66, 180-080-67,
180-110-08, 180-110-09, 180-110-10, 180-110-11, 180-110-12, 180-110-13, 180-110-14,
180-110-15)
Discussion And Possible Adoption Loan Agreement(s) Between The City Of Ukiah And The
Ukiah Redevelopment Agency And/Or Resolution(s), Whereby The Agency Borrows Funds
From The City In Support Of Specified Projects/Programs And The Use Of Redevelopment
Tax Increment Funds To Repay The Debt; As Necessary, Adoption Of Any Legally
Required Findings; Authorization For The City Manager To Execute All Necessary
Documents; And Approval Of Corresponding Budget Amendment(s).
14. CLOSED SESSION - Closed Session may be held at any time during the meeting
a. Conference with Legal Counsel -Existing Litigation
Government Code Section 54956.9
Name of case: (Ukiah Valley Sanitation District v. City of Ukiah, SCUK1057183
b. Conference with Legal Counsel-Anticipated Litigation
Initiation of litigation pursuant to subdivision c of Government Code Section 54956.9:
(1 case)
C. Conference with Labor Negotiator 54957.6)
Agency Representative: Jane Chambers, City Manager
Employee Organizations: Police, Fire, Electric, Miscellaneous, Management, and
Department Head Units
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.
Dated this 25th day of February, 2011.
Linda Brown, Acting City Clerk
3a
PROCLAMATION
MARCH: WOMEN'S HISTORYMONTH
28TH ANNIVERSARY OF THE
WOMEN'S HISTORY GALA CELEBRATION
WHEREAS, in March 1983 the first Women s History Gala Celebration in
Mendocino County was held in the Anderson Valley High School. Thereafter, each year
it has been held in the City of Ukiah, the seat of Mendocino County, with the March 6,
2011 celebration marking its 28th anniversary; and
WHEREAS, the United States of America ranks somewhere around #71
worldwide in the number of women in political office, below Pakistan and Cuba;
WHEREAS in the United States Congress, women are just 17% of the elected
representatives, compared to 51% of the US population; and
WHEREAS, the National Women's Political Caucus (NWPC-Mendocino) launched
the Women's History Celebration and is now joined with sponsorship with the American
Association of University Women (AAUW-Ukiah branch); Soroptimist International of
Yokayo Sunrise, and the Ukiah Saturday Afternoon Club; and
WHEREAS, the aforementioned women's organizations continue to work to
increase and acknowledge the roles of women at all levels of community and public
service, and to become knowledgeable about issues that affect their equality and to foster
networks that extend and expand the creative, social, and political strength of women;
and
WHEREAS, the tradition of the annual Women Making History Gala is to
recognize and honor particular women who exemplify each year's designated theme for
contributions in their communities through their fields of work; and
WHEREAS, on Sunday, March 6, 2011 the public is invited to attend the 28th
Anniversary of the Women Making History Gala Celebration at noon at the Saturday
Afternoon Clubhouse. Local women to be honored who embody this year's theme:
Women's History is Our Strength are: Ann Kilkenny, Beba Frey, Laura Wedderburn,
Lynn Meadows, and Molly Johnson Martinez and the Los Hilos de la Vida Quilters.
THEREFORE, I, Mary Anne Landis, on behalf of Mayor Mari Rodin and my fellow
Ukiah City Council members Phil Baldwin, Douglas Crane, and Benj Thomas do hereby
join other communities in the nation in proclaiming the month of March to be Women's
History Month and to recognize and celebrate the 28th Anniversary of the Women
Making History Gala Celebration on Sunday, March 6, 2008.
Signed and sealed, this 2nd day of March, in the year Two Thousand and Eleven
.1{llari Rodin Mayor
CITY OF UKIAH
CITY COUNCIL MINUTES
Special Meeting
Ukiah Valley Conference Center
200 S. School Street, Chenin Blanc Room
Ukiah, CA 95482
February 23, 2011
6:00 p.m.
Item 5a
1. ROLL CALL
Ukiah City Council met at a Special Meeting on
legally noticed on February 18, 2011. Mayor Rod
was taken with the following Councilmembers pres
Rodin. Councilmembers absent: None. Staff
Manager Sangiacomo, City Attorney Rap 4 _ ,
Finance Director Roth, Consultant/Project ge
The meeting was held concurrently with the U
2. AUDIENCE COMM
3. RIGHT TO APPEA
4. APPROVAL OF M:I
I
5. CONSENT CALEN
6. PUBLI s,6
7. UN HED BUST
8. NEW B
a. Disc~ion and
Ukiah R X111cts eloprr
capby
Agency. .A
Febi 23, 2011, the notice for which being
i the meeting to order at 6:03 pm. Roll
an 1'. Thomas, Crane, Baldwin and Mayor
sent: City ,a>ager Chambers, Assistant City
Project & Gr , dministrator Mills, Assistant
r Carmichael, andeting City Clerk Brown.
ITEMS
nt Ag
le adoption of resolution approving issuance by the
kgency of two separate series,of bonds to finance
Agency and low income housing activities by the
City Manager Chambers and Assistant City Manager Sangiacomo presented the
item. Recommended Actions: 1. Authorize the City Manager to take all
necessary steps for a redevelopment bond issuance; and, 2. Approve resolution
attached as Attachment 2.
M/S Baldwin/Landis to approve the Recommended Action with Scenario 1 and the proviso
that the Pay-As-You-Go would be $175,000 per year.
Public Comments were made by: Ernie Fine, J. R. Rose, Lisa Mammina, and Rick
Hansen (Ukiah Main Street).
Motion carried by the following roll call votes: AYES: Councilmembers Landis, Thomas,
Baldwin, and Mayor Rodin. NOES: Councilmember Crane. ABSENT: None. ABSTAIN:
None.
9. COUNCIL REPORTS
10. CITY MANAGER REPORTS
City Manager Chambers reported on an article in today's Ukiah Daily Journal on the topic of Ukiah
Valley Sanitation District's proposed sewer rate hikes that is anticipated to greatly impact
businesses.
11. CLOSED SESSION - Closed Session may be held at any time during the meeting
12.
ADJOURNMENT
There being no further business, the meeting adjourned
Linda C. Brown, Acting City Clerk
ITEM NO.: 7a
MEETING DATE:
AGENDA SUMMARY REPORT
March 2, 2011
SUBJECT: REPORT TO COUNCIL OF THE EXPENDITURE OF $7,516.54 TO HD SUPPLY OF
BENICIA FOR THE PURCHASE OF OVERHEAD AND UNDERGROUND 12 KV
DISTRIBUTION FAULT INDICATORS AND FIBER OPTIC LEADS FOR ELECTRIC
UTILITY DEPARTMENT (EUD).
Pursuant to the requirements of Section 1522 of the Municipal Code, this report is being submitted to the
City Council to advise of the purchase of 12 overhead and 36 underground Fault Indicators and 12 fiber
optic leads with mounting kits.
A bid request was sent to eleven (11) vendors. Six responded with three of those being No Quotes.
Results of that request are as follows:
HD Supply - Benicia
One Source
Wesco Distribution
$ 7,516.54
$ 7,595.36
$ 7,839.01
HD Supply Benicia was awarded the bid with a total price of $7,516.54 with tax and freight included.
Fiscal Impact:
Budgeted FY 10/11 F-1 New Appropriation Not Applicable ❑
Amount Budgeted Source of Funds (title and Account Number
$50,000 800.3728.930.000
Budget Amendment Required
Recommended Action(s): NO ACTION NEEDED - REPORT TO COUNCIL ONLY
Alternative Council Option(s): None Needed
Citizens advised: N/A
Requested by: Mel Grandi, Electric Utility Director
Prepared by: Jim Bauer, Electrical Distribution Engineer, Mary Williamson, Purchasing Assistant
Coordinated with: Mary Horger, Purchasing Supervisor,
Attachments: N/A
Approved: - 6 k" ~
Ja Chambers, City Manager
ITEM NO.: 7b
MEETING DATE: March 2, 2011
AGENDA SUMMARY REPORT
SUBJECT: REPORT TO COUNCIL OF THE EXPENDITURE OF $8,541.75 TO GENERAL PACIFIC,
INC. FOR THE PURCHASE OF FOUR FIBERGLASS BOX PAD FOUNDATIONS FOR
PAD MOUNTED SWITCHGEAR FOR THE ELECTRIC UTILITY DEPARTMENT (EUD).
Pursuant to the requirements of Section 1522 of the Municipal Code, this report is being submitted to the
City Council to advise of the purchase of 4 fiberglass box pads.
A bid request was sent to sixteen (16) vendors. Six responded with two "No Quote" and one was
rejected as not acceptable. Results of that request are as follows:
General Pacific, Inc.
HD Supply Benicia
ProGlass Inc.
$ 8,541.75
$ 9,534.59
$14,572.50
General Pacific, Inc. was awarded the bid with a total price of $8,541.75 with tax and freight included.
Fiscal Impact:
Not Applicable Budget Amendment Required
X I Budgeted FY 10/11 F-1 New Appropriation
F-1 I
Amount Budgeted Source of Funds (title and Account Number
$120,000 800.3729.930.000
Recommended Action(s): NO ACTION NEEDED - REPORT TO COUNCIL ONLY
Alternative Council Option(s): None Needed
Citizens advised:
N/A
Requested by:
Mel Grandi, Electric Utility Director
Prepared by:
Jim Bauer, Electrical Distribution Engineer, Mary Williamson, Purchasing Assistant
Coordinated with:
Mary Horger, Purchasing Supervisor,
Attachments:
N/A
Approved:
J e Chambers, City Manager
ITEM NO.: 7c
MEETING DATE:
March 2, 2011
AGENDA SUMMARY REPORT
SUBJECT: AWARD PURCHASE OF FLATBED AND UTILITY RACK TO COOKS TRUCK BODY
MANUFACTURING, INC. OF ROSEVILLE, CA. FOR THE ELECTRIC UTILITY
DEPARTMENT IN THE AMOUNT OF $10,013.13 AND AUTHORIZE THE UTILITY
DIRECTOR TO APPROVE CHANGE ORDERS NOT TO EXCEED 10% OF THE BID
AMOUNT. (EUD)
Submitted for the City Council's consideration and action is Staff's recommendation that Council award
purchase of a flatbed truck bed and rack per City of Ukiah specification NO. E31134, to Cooks Truck Body
Mfg. Inc. in the amount of $10,013.13. The truck bed unit will be installed on a previously approved 2011
Chevrolet Silverado 350OHD Chassis purchased without the cargo bed. The flatbed and rack will meet the
Electric Utility Department's needs to carry transformers, small poles and other heavy equipment. This bed
purchase consists of vertical storage bins, cargo area with sides and specially designed rack.
Bid Requests were sent to Six (6) companies that specialize in manufacturing truck bodies. Four quotes
were received. The results of those bids are shown below for Council's review. The funding for this vehicle
in the amount of $45,000.00 was approved for the 09/10 budget in the account 800.3642.800.000; the cost
of the vehicle was $38,737.17.
Cooks Truck Body Mfg., Inc.
Western Truck Fab
North Bay Truck Body
Carter Industries
$10,013.13
$10,820.63
$13,624.20
$14,050.03
Fiscal Impact:
Budgeted FY 10/11 New Appropriation Not Applicable Budget Amendment Required
Amount Budgeted Source of Funds (title and Account Number Addit. Appropriation Requested
$1,480,000 800.3728.930.000 Overhead Maintenance
Recommended Action(s): AWARD PURCHASE OF FLATBED AND UTILITY RACK TO COOKS
TRUCK BODY MANUFACTURING, INC. OF ROSEVILLE, CA. FOR THE ELECTRIC UTILITY
DEPARTMENT IN THE AMOUNT OF $10,013.13 AND AUTHORIZE THE UTILITY DIRECTOR TO
APPROVE CHANGE ORDERS NOT TO EXCEED 10% OF THE BID AMOUNT. (EUD)
Alternative Council Option(s): Reject all bids and provide direction to Staff.
Citizens advised: N/A
Requested by: Colin Murphey, Electric Supervisor, Tim Santo, Electrical Sub-Supervisor
Prepared by: Mary Williamson, Buyer
Coordinated with: Mel Grandi, Electric Utility Director, Mary Horger, Purchasing Supervisor
Attachments:
Approved:
J Chambers, City Manager
City of 'Z k6rh
ITEM NO.: 7d
MEETING DATE:
AGENDA SUMMARY REPORT
March 2, 2011
SUBJECT: AWARD THE PURCHASE OF TWO SUBMERSIBLE VACUUM BREAKERS TO
TRAYER ENGINEERING CORPORATION IN THE AMOUNT OF $28,714.00
INCLUDING TAX AND ESTIMATED FREIGHT (EUD).
Staff is requesting authorization to purchase two submersible, liquid insulated vacuum breakers,
15-25 W, 3-phase with stainless tank construction for the City of Ukiah Electric Utility. Trayer was
specified although the option to bid an equivalent design was given to prospective bidders.
Bids were sent to eleven (11) companies including the manufacturer. Responses were received
from seven with four being "No Quotes". The results of the bids are shown below.
Trayer Engineering Corporation
One Source Distributors
HD Supply Benicia
Fiscal Impact:
Budgeted FY 09/10 ❑ New Appropriation
Amount Budgeted Account Number
$120,000 800.3729.930.000
$28,714.00
$30,802.20
$31,450.78
Not Applicable
Additional Funds
N/A
❑ Budget Amendment Required
Reauested
Recommended Action(s): AWARD THE PURCHASE OF TWO SUBMERSIBLE VACUUM
BREAKERS TO TRAYER ENGINEERING CORPORATION IN THE AMOUNT OF $28,714.00
INCLUDING TAX AND ESTIMATED FREIGHT (EUD).
Alternative Council Option(s): (1) Reject Bids; (2) Provide Staff with other direction.
Citizens advised: n/a
Requested by: Mel Grandi, Electric Utility Director
Prepared by: Mary Williamson, Buyer, Colin Murphey, Electric Supervisor
Coordinated with: Mary Horger, Purchasing Supervisor
Attachments:
Approved:
,fan Chambers, City Manager
ITEM NO.:
MEETING DATE:
C'i6y oJ' Vk aF
AGENDA SUMMARY REPORT
7e
March 2, 2011
SUBJECT: APPROVE THE DOCUMENTS ASSOCIATED WITH TURLOCK IRRIGATION
DISTRICT (TID) WITHDRAWAL FROM THE NORTHERN CALIFORNIA POWER
AGENCY (NCPA) AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL OF
THE NECESSARY AGREEMENTS AND AMENDMENTS TO PROCEED WITH THE
WITHDRAWAL (EUD).
Background
TID provided a letter to NCPA, dated March 16, 2009, announcing its intention to provide notice to all
members of its intent to terminate its membership in NCPA in accordance with the terms of the Joint Powers
Agreement (JPA). This letter was followed by a letter dated March 24, 2009 to each NCPA member,
indicating that TID had provided notice to NCPA that it was terminating its membership effective no later
than April 1, 2011. Notwithstanding the clear termination date provided to each of the members in their
March 24, 2009 letter, the March 16 letter to NCPA did not comport with the two-year notice requirement, as
it indicated an intent to send a notice to withdraw as opposed to a formal notice to withdraw by a date
certain. As a result of the ambiguity between the two sets of letters, utility directors requested the NCPA
General Manager to follow up with TID to secure a more formal notice of TID's intention to withdraw from
NCPA. In response to that request, TID provided a resolution of its board, dated June 2, 2009, indicating
that the board had met in closed session on March 24, 2009 and had authorized, among other things, the
TID general manager to send notices of termination to member agencies as required under the JPA. Based
on the receipt of the TID board resolution, in combination with the March 16th letter to NCPA and the March
24th letters to NCPA members, the NCPA Commission agreed to establish April 1, 2011 as the effective
termination date for TID's membership in the JPA, and directed staff to begin working out the details
necessary to provide for an orderly withdrawal no earlier than April 1, 2011.
In order to accommodate TID's withdrawal, staff performed an inventory of all agreements that appeared to
be relevant to TID's withdrawal and has been working together with TID staff and legal counsel over the last
eighteen months to terminate, update and/or develop as necessary, agreements, policies and procedures
that are required to effectuate TID's withdrawal from the Agency. After lengthy negotiations, the
agreements, policies and procedures deemed necessary fell into three categories as follows:
Recommended Action(s):
APPROVE THE DOCUMENTS ASSOCIATED WITH TURLOCK IRRIGATION DISTRICT (TID)
WITHDRAWAL FROM THE NORTHERN CALIFORNIA POWER AGENCY (NCPA) AND
AUTHORIZE THE CITY MANAGER TO EXECUTE ALL OF THE NECESSARY AGREEMENTS
AND AMENDMENTS TO PROCEED WITH THE WITHDRAWAL (EUD).
Alternative Council Option(s):
Citizens advised:
Requested by:
Mel Grandi, Electric Utility Director
Prepared by:
Mel Grandi, Electric Utility Director
Coordinated with:
Jane Chambers, City Manager and NCPA Staff
Attachments:
Resolution
Approved:
a O Chambers, City Manager
• Natural Gas Related Programs and Projects
• Geothermal Related Programs and Projects
• Obligations under existing governance agreements to be settled prior to exit
Natural Gas Related Programs and Projects
All work associated with natural gas related programs and projects has been completed. Activity included
terminating the Natural Gas Purchase Program third phase agreement, removing TID from the natural gas
procurement and pipeline capacity management agreement and modifying natural gas pipeline tariff
agreements to reflect a split of pipeline capacity between NCPA and TID. (See NCPA Commission Staff
Reports: 223:10 and 222:10 for complete details on these changes)
Geothermal Related Programs and Projects
After some vacillation by TID with respect to whether or not to retain its ownership interest, TID decided that
it will retain its interests in Geothermal Project No.3 even after its withdrawal from NCPA membership. TID
is not currently, however, a signatory to the Geothermal Project Third Phase Agreement. TID's rights and
entitlements in the geothermal project flow instead from letter agreements between TID and various
geothermal project participants by which project entitlement percentages are transferred (currently affecting
Palo Alto, Gridley, and Plumas who are sometimes referred to as the "permanently transferring
participants"), letter agreements between TID and NCPA by which NCPA agreed to treat TID as a project
participant, at least as to the first of the transfer agreements, and more typical agency governance
documents such as the Facilities Agreement and the Geothermal Project Operating Agreement.
Significantly, since TID is not a signatory to the geothermal project third phase agreement it currently
derives its ability to vote its interests in its share of the geothermal project only through the previously
referenced letter agreements. This has been treated as permitting TID's commissioner to vote at
commission meetings and through its appointed representative on the Facilities Committee. Once TID's
termination of membership is effective, however, TID will no longer have a commissioner on the NCPA
Commission that will be able to vote TID's interests with regard to its entitlements in the geothermal project.
Likewise, while TID is a signatory to the Facilities Agreement, that agreement provides that representation
on the Facilities Committee is based upon being an NCPA member. As a result, NCPA and TID staffs have
been negotiating agreements that will ensure that TID's rights and obligations as embodied in those letter
agreements are continued in successor agreements to be implemented upon TID's withdrawal and that
continuing NCPA member interests are protected in an equal fashion. Specific changes surrounding the
geothermal related programs and projects are discussed in more detail below in the "Issue" section of this
staff report.
Obligations under existing governance agreements to be settled prior to exit
The JPA provides that any signatory to the JPA terminating its membership in the JPA is obligated to pay its
pro-rata share of all encumbrances and indebtedness of NCPA as of the date of termination as a condition
precedent to such termination and withdrawal. NCPA and TID have been negotiating regarding a set of
claims that each has specified against the other in an effort to reach agreement on a lump sum amount that
would be used to settle all known and unknown claims made by one entity against the other. The vehicle
for settling all known and unknown claims has been titled the "exit agreement" and in addition to settling all
claims, would be used to terminate certain remaining agreements between the parties that require
termination due to the termination of membership and to establish dispute resolution scope limits and
processes for disputed payments made by TID to NCPA during fiscal year 2010/2011 as a consequence of
TID having declined to approve the NCPA annual budget. Further detail associated with the "exit
agreement" is provided in the "Issue" section of this staff report below.
Actions:
Each of the agreements requiring approval is summarized below:
Geothermal Project Agreements
Attached to this ASR are a set of geothermal project related agreements requiring Council approval as
follows:
Amendment Number Two To Agreement For Construction Operation And Financing of Geothermal
Generating Project Number 3
The primary purpose of this agreement is to provide for TID to become a signatory to the Geothermal
Project Number Three Third ' Phase Agreement and thereby be recognized as an official "Project
Participant" under that Agreement. This amendment also clarifies that a Project Participant's
entitlements under the project include attributes that may exist now or in the future, such as
environmental attributes, in addition to project capacity and energy. The amendment clarifies and
strengthens the obligation that Project Participants have to protect the tax exempt status of the bonds
issued to finance the project. It also establishes an "in-lieu" JPA cost assessment for non-members
equivalent to the "in-lieu" cost assessment for non-members established for the Lodi Energy Center
Project. Upon withdrawal, TID would be subject to this "in-lieu" JPA cost assessment.
This amendment would provide that the permanently transferring participants remain secondarily liable
for any payments not made by TID. This provision is necessary so that the security of bond holders is
not adversely affected and therefore the approval of the bond trustee is not required. This secondary
liability is terminated, under the terms of the Fourteenth Supplemental Indenture of Trust discussed
below, once currently outstanding bonds are paid off.
Approvals Required: NCPA Commission, TID Governing Board and Geothermal Project Participant
Governing Boards
• Amended and Restated Geothermal Project Operating Agreement
The Geothermal Project Operating Agreement (Operating Agreement) is a schedule to the Facilities
Agreement. It generally provides for the means by which Project No. 2 and Project No. 3 are operated
as a single shared resource. It is proposed that the current operating agreement would be completely
replaced by the Amended and Restated Operating Agreement.
The Amended Operating Agreement will take precedence over the Facilities Agreement in the event of
conflicts between the two agreements. The Amended Operating Agreement contains all of detail
required to administer and operate the geothermal project on behalf of the project participants and
provides for the combined operation of geothermal projects number two and three in the most cost
efficient manner due to the finite and limited nature of the steam field supply. Definitions in the
Amended Operating Agreement were updated to include new terms that are relevant to operations
today, 20 years after the first Operating Agreement was adopted. The Amended Operating Agreement
clarifies how Administrative Costs will be identified and allocated to the project as an addition to the prior
Operating Agreement that was limited to methodologies for allocating Project Costs.
A section on Surplus Capacity and Energy Sales was added that eliminates all Rights of First Refusal
with regard to capacity, energy or other attributes associated with the project, irrespective of possible
contradictory language in the third phase agreement. This provision was the subject of extensive
debate by the Facilities Committee and the Utility Directors.
Annual budget processes were amended to be consistent with third phase agreement language. Project
Participant Direction and Review sections were amended to clarify how project participants, and
particularly TID as a project participant and non-member will be able to participate at Commission
meetings, Facilities Committee meetings, and other meetings of NCPA committees which are subject to
the Brown Act. In particular, TID will not have a vote or participation rights (other than as a member of
the public) at Commission meetings. It will, however, have the right to direct the vote of the permanently
transferring participants, and the right to demand a "project vote" occur at the Commission. It will
remain a member of the Facilities Committee where TID will have the right to participate in and vote on
matters that relate to the Geothermal Project. It will have the right to receive notices, agendas and
materials of other Brown Act committees of NCPA which have Geothermal Project matters listed on their
agendas.
Scheduling sections were updated to eliminate the ability to store steam for later electricity production
and delivery, while retaining the ability to reduce output of the plant and the participants' share of that
output up to annually determined plant reduction limits.
Lastly, the Amended Operating Agreement is used to terminate agreements, including the First and
Second Transfer Agreements between TID and transferring project participants, the Letter Agreement
between TID and NCPA specifying TID's rights under the first Transfer Agreement, the Layoff
Equalization Agreement in support of the combined refinancing of the Geothermal Project and
Hydroelectric Project, with rights and obligations of terminated agreements transferred to the Amended
Operating Agreement, or eliminated, as appropriate.
Approvals Required: NCPA Commission, TID Governing Board and Geothermal Project Participant
Governing Boards
Amendment Number One to Northern California Power Agency Facilities Agreement
The current Facilities Agreement provides that a Participant to the Facilities Agreement is a member of
NCPA. Or stated another way, the Facilities Agreement did not contemplate that participants in NCPA
projects would not be a member of NCPA. Amendment Number One provides that, notwithstanding
language in the Facilities Agreement to the contrary, TID will be able to designate one member to the
Facilities Committee so long as TID remains a project participant in Geothermal Project Number 3 and
that TID shall have voting rights on the Facilities Committee only with respect to Geothermal Project
Number Three. This amendment will implement the agreements and understandings contained in the
Amended Operating Agreement that provide for TID's continued ability to vote and participate in
meetings requiring notice and which, will involve discussions affecting its interests in the project.
Approvals Required: NCPA Commission, TID Governing Board and Facilities Agreement Participant
Governing Boards
Fiscal Impact
An attachment summarizing the settlement amounts for each of the known claims identified in Section 3 of
the Exit Agreement, along with an allocation of the revenue or the cost to each member affected or
benefitting from a particular settlement category is in development.
Discussion
Negotiations surrounding the referenced agreements have been both quite lengthy and very fluid,
necessitating regular modifications and updates to the agreements. As a result, it proved to be very difficult
to coordinate regular ongoing review and comment from potential additional reviewers (members) outside of
the negotiating group established by the NCPA Commission. Consequently, the approach taken by the
negotiating group was to review all contracts at certain milestone points with our Facilities Committee, Utility
Directors, Legal Committee and Commission, and to obtain regular policy direction from the Commission
regarding key terms and conditions in the agreements during closed sessions.
At this point, the referenced agreements have been reviewed with the Facilities Committee, Utility Directors,
Legal Committee and Commission at various points of completion over the last three months. The Legal
Committee agreed in principle with the agreements as drafted at the time of their review and recommended
that Commission approval of the exit agreement be conditioned on receipt of TID executed copies of all
agreements within seven (days) of the conditional approval of the agreements by the NCPA Commission.
Both the Facilities Committee and Legal Committee suggested eliminating language within the Amended
Operating Agreement indicating that costs would be allocated according to "cost causation principles"
unless the term cost causation could be defined. TID and NCPA negotiating teams were unable to come to
agreement on a definition for cost causation, and TO was adamant that this language should stay in the
agreement. After much discussion, the NCPA negotiating team recommends that the cost causation
language be left in the agreement without the definition. It is our view that there is sufficient case law on the
subject to refer to in the event there is ever a dispute over whether NCPA is properly allocating costs to the
Project in accordance with cost causation principles.
The Facilities Committee will review the final set of agreements on February 17t", which will occur after staff
reports are due. Staff will provide an oral update at the Commission meeting, summarizing the Facilities
Committee recommendation.
Fiscal Impact: No significant impact in budget.
Budgeted FY 10/11 F] New Appropriation Not Applicable F Budget Amendment Required
Amount Budgeted Source of Funds (title and Account Number Addit. Appropriation Requested
ATTACHMENT I
RESOLUTION NO.2011-
RESOLUTION OF THE CITY OF UKIAH APPROVING AGREEMENTS REQUIRED FOR
TURLOCK IRRIGATION DISTRICT (TID) WITHDRAWAL FROM THE AMENDED AND
RESTATED NORTHERN CALIFORNIA POWER AGENCY JOINT POWERS AGREEMENT
WHEREAS, Turlock Irrigation District (TID) is a signatory to the Amended and Restated Northern
California Power Agency Joint Powers Agreement (JPA) dated as of January 1, 2008; and
WHEREAS, TID has provided the required 2 year notice of termination of membership in the JPA and
the Commission has accepted that 2 year notice to be effective April 1, 2011 ; and
WHEREAS, TID's termination of membership in the JPA affected its rights and obligations under
various agreements between TID and NCPA members and between TID and NCPA, requiring those
agreements to be either terminated, clarified or amended in some fashion; and
WHEREAS, Any signatory to the JPA terminating its membership in the JPA is obligated to pay its
pro-rata share of all debts, liabilities and obligations of NCPA as of the date of termination as a condition
precedent to such termination and withdrawal; and
WHEREAS, TID and NCPA staffs have worked together to identify all agreements needing to be
either terminated, clarified or amended, and have arrived at a recommended settlement amount that would
satisfy TID's obligation to pay its pro-rata share of all debts, liabilities and obligations of NCPA as of the date
of termination; and
WHEREAS, the agreements required to effectuate TID's withdrawal from the JPA are attached to the
Agenda Summary Report 7e, dated March 2, 2011.
WHEREAS, approval of these agreements is not a project for purposes of the California
Environmental Quality Act; and
NOW, THEREFORE BE IT RESOLVED that the Ukiah City Council:
1. Finds that approval of the agreements referenced in the attached staff report is an administrative
activity which will not result in either a direct physical change in the environment or a reasonably
foreseeable indirect change in the environment, and is therefore not a "project" for purposes of the
California Environmental Quality Act pursuant to CEQA Guidelines section 153789(a) and (b).
2. Adopt a resolution which:
a. Approves and authorizes the City Manager to execute the following agreements on behalf of
the City of Ukiah, with such minor modifications approved by General Counsel, and
conditioned on receipt of executed copies of the agreements, properly executed by TID,
which shall include a resolution of the TID board authorizing execution of each of the
agreements requiring execution by TID as referenced in the staff report:
• Amendment Number Two to Agreement for Construction, Operation and Financing of
Geothermal Generating Project Number 3
• Amended and Restated Geothermal Project Operating Agreement Between Northern
California Power Agency and the Geothermal Project Participants
• Amendment Number One to Northern California Power Agency Facilities Agreement
vote:
PASSED AND ADOPTED by the City of Ukiah Council on March 2, 2011, by the following roll call
AYES:
NOES:
ABSTAIN:
ABSENT:
Mari Rodin, Mayor
JoAnne Currie, City Clerk
NCPA Resolution 11-10 -2-
MAN* FP ITEM NO.: 7f
MEETING DATE: March 2, 2011
city of Wkinh
AGENDA SUMMARY REPORT
SUBJECT: REPORT ON STATUS OF GUARD RAIL FOR THE BABCOCK LANE APPROACH TO
THE NEW BRIDGE STRUCTURE CONSTRUCTED FOR THE REALIGNMENT OF GOBBI STREET -
OAK MANOR DRIVE - BABCOCK LANE INTERSECTION
Background & Discussion: City staff has worked with its consultant, Green Valley Consulting Engineers,
regarding the plan to construct a guard rail on the Babcock Lane approach to the new bridge structure
constructed for the realignment of Gobbi Street - Oak Manor Drive - Babcock Lane intersection. The
Babcock Lane bridge end wall is located at the edge of pavement which is also the top of bank for Gibson
Creek. Due to this configuration, construction of the guard rail will trigger either an amendment to the City's
existing Fish and Game permit or a new Fish and Game permit. As such, work will need to be completed
during the summer months when construction is permitted adjacent to the creek. In addition, design work
will be required for the guard rail due to the limited space at the edge of bank / top of bank. Furthermore,
City staff will continue monitoring a section of the east bank of Gibson Creek to determine if extension of rip-
rap is required. If additional rip-rap is needed, this work will be coordinated with the Fish and Game permit
and the guard rail work.
Fiscal Impact:
Budgeted FY 10/11 F-1 New Appropriation Not Applicable Budget Amendment Required
HFRI
Amount Budgeted Source of Funds (title and Account Number Addtl. Appropriation Requested
Recommended Action(s): Receive and file report on status of guard rail for the Babcock Lane
approach to the new bridge structure constructed for the realignment of Gobbi Street - Oak Manor Drive
= Babcock Lane intersection
Alternative Council Option(s): N/A
Citizens advised: N/A
Requested by: Tim Eriksen, Director of Public Works / City Engineer
Prepared by: Rick Seanor, Deputy Director of Public Works - Engineering and Streets
Coordinated with: Jane Chambers, City Manager
Attachments: None.
Approved:
tn_ Chambers, City Manager
City of TJkiar
ITEM NO.: 12a
MEETING DATE. March 2, 2011
AGENDA SUMMARY REPORT
SUBJECT: STATUS REPORT ON BUILDING PERMIT REVIEW PROCESS
SUMMARY: Last summer, a number of local representatives visited the City of Sunnyvale Building
Department to learn about how Sunnyvale has developed a customer friendly and efficient building
permit plan-check and review process. While Sunnyvale is a large City with capabilities the City of Ukiah
does not currently have, there were a number of ideas and discussion items brought back by the local
representatives. City Council members Landis and Thomas met with City Staff to discuss these ideas.
One-Stop Permit Center
Sunnyvale has a one-stop permit center that is staffed by a building permit plan-checker, structural
engineer, planner, fire protection engineer, and others. The purpose is to have all of these staff
members routinely available in one place to provide information to the public, review permits, and in
some cases issue permits over the counter. The one-stop permit center provides coordinated customer
contacts with appropriate staff representation, development services in a central location, a streamlined
permit process, and plan-checks and permit issuance combined in one location.
While the City of Ukiah has a permit services counter, it does not have Staff solely dedicated to it. For
example, the City Building Official handles front counter customer service, but also performs plan checks,
all building inspections, building code enforcement, oversees the structural engineer consultants, code
update work and other duties. He is not available 8-hours per day to perform plan checks at the permit
services counter. All the Staff dedicated to providing permit review and information have other
responsibilities as well.
There have been some recent changes to create more of a one-stop permit center to improve the service
related to the review and issuance of permits. These include the following:
1. Relocation of the Water/Sewer Program Coordinator to the front counter area.
2. Relocation of the Community Service Representative (Business Licenses) to the front counter
area.
3. Certification of the Development Permit Coordinator as a Permit Technician.
4. Fire code plan check and inspection training for the Building Official.
(Continued on page 2)
Recommended Action(s): Receive report
Alternative Council Option(s): N/A
Citizens advised: N/A
Requested by: Charley Stump, Director of Planning and Community Development
Prepared by: Charley Stump, Director of Planning and Community Development
Coordinated with: Jane Chambers, City Manager and David Willoughby, Building Official
Attachments: None
Approved:
TP Chambers, City Manager
5. Cross-training of all front counter staff, particularly with basic building permit tasks.
Over the Counter Permit Review and Issuance
The City of Sunnyvale and the City of Ukiah issue a number of building permits over the counter. These
include re-roofs, window replacements, water heater replacements, furnace replacements, minor kitchen or
bathroom remodels, minor electrical work, minor residential repairs, and others. However, Sunnyvale, with
its one-stop structural engineer, can issue additional permits over the counter, such as single story
additions. Staff is currently analyzing the feasibility of having our plan check consultants provide a
structural engineer on a designated day(s) to provide pre-arranged on-site structural engineering plan check
services. Such services would be funded by the building permit applicants receiving the service.
Permit Review Timeframes
The established review time for commercial building permits is 15 days, and for residential projects it is 10
days. The building permit review timeframes have been closely monitored since the beginning of the fiscal
year. During the first quarter (July-September), there were 64 plan checks performed by inter-departmental
staff, and 76.6% were reviewed on time. The average number of days the reviews were late was 4.
During the second quarter (October-December), there was noticeable improvement. There were 78 plan
checks performed by inter-departmental staff, and 90.0% were reviewed on time. Of those that were late,
the average number of days late was 1.
During the first month of the third quarter (January 2011), there were 34 plan checks and 100% were
reviewed on time.
Computer Software
Sunnyvale has a dynamic software program that supports its permit review and issuance function. The
program was designed and created by in-house Sunnyvale IT staff, and is maintained by the same staff. It
allows for the on-line application and issuance of minor building permits, the scheduling of building and fire
inspections, permit and plan history on parcels, customer access to building permit review status, zoning
information, etc.
The City of Ukiah is currently exploring purchase of a new software system that could provide vastly
expanded customer service, on a 24/7 basis, for permit operations. Purchase and installation of this system
could be available within this calendar year to improve customer service options.
Substitute Building Inspection
Substitute building inspection services with our current consultants are expensive, costing as much as $850
per day. Staff has been discussing a possible relationship with the Mendocino County Planning and
Building Services Department to provide occasional substitute inspection services that would cost
approximately $600 per day. In the event that the City Building Official/Inspector is out of the office for a
two-week vacation or training event, this could represent a savings of $2,500.00.
Improved Public Handouts/Applicant Response
One of the primary reasons that it may take longer than expected to issue a building permit is the lack of
understanding by the applicant as to what information is required and resulting insufficient plan preparation.
Staff has been revising the public handouts that describe the required information to make them more user-
friendly. Staff has also posted additional information on the City's website to assist applicants. For
example, information about the new building codes, has been placed on the City's website.
Additionally, in an effort to improve and expedite communication, the project architects and engineers can
now directly contact the City's structural engineering/plan check consultants to discuss issues and problems
with plans that are under review.
Fiscal Impact:
1-1 Budgeted FY 09/10 F New Appropriation ❑X Not Applicable Budget Amendment Required
city ai- uk ah
ITEM NO.: 12b
MEETING DATE: March 2, 2011
AGENDA SUMMARY REPORT
SUBJECT: STATUS REPORT ON CODE COMPLIANCE ACTIVITIES
SUMMARY: This item is intended to provide the City Council with a status report regarding recent code
compliance activities. After the loss of the Code Compliance Coordinator in April, 2009, the City Police
Department has assumed a more prominent role in the Code Compliance Program and has worked very
closely with the Planning Staff, Building Official, and other local and State agencies to manage code
violation issues. This added workload on all City personal involved in code compliance has resulted in a
primarily complaint driven program focused on public health and safety cases.
Major Cases: Team Approach
The Police Department, Building Official, Planning Staff, and other agencies are working together on
major code compliance cases. These currently include an unauthorized/unpermitted spray paint and
powder coating operation; a large vacant warehouse that has experienced trespassing, fires, sanitation
issues, and violence; major junk and debris accumulations; marijuana growing cases; and a number of
cases involving second hand or pawn dealers operating without the required state license issued by the
Police Department.
Police Department
The Police Department is also working on a number of animal control cases, large vehicles parked for
long periods of time on the street, businesses operating without business licenses, abandoned or stored
vehicles on the street or private property, and garbage cans being left out for long periods of time in the
downtown and elsewhere.
Buildinq Official
Since the beginning of the fiscal year, the Building Official has issued 23 Stop Work Orders for
unauthorized building projects, some of which were the result of complaints and others from in-the-field
observations. These cases consume time because the violators are required to submit plans and apply
for required permits, and many need guidance with plan preparation and code interpretation. Some
cases involve the removal of portions of work so the Building Official can determine if required code
construction methods were used. Of the 23 cases, 16 have been satisfactorily resolved.
Recommended Action(s): Receive report
Alternative Council Option(s): N/A
Citizens advised: N/A
Requested by: Charley Stump, Director of Planning and Community Development
Prepared by: Charley Stump, Director of Planning and Community Development
Coordinated with: Jane Chambers, City Manager; Police Captain Trent Taylor; and David Willoughby,
Building Official
Attachments: None
Approved:
J Chambers, City Manager
Planning Staff
Aside from the large public health and safety cases, the Planning Staff is involved in a number of smaller
cases. These include a number of use permit and site development permit condition violations; nine
unauthorized banners/signs; unpermitted second residential units; unauthorized mobile outdoor sales;
excessive lighting; farm animals in the City; and excessive evening construction noise.
City Departments have pulled together to handle code compliance cases, with the Police Department
managing the largest load. While the primary focus is on large public health and safety cases and
violations driven by complaints, Staff has managed to address and resolve many smaller cases as well.
Fiscal Impact:
Budgeted FY 09/10 ❑ New Appropriation ❑X Not Applicable ❑ Budget Amendment Required
2
City of"'T1/Ciafit.
ITEM NO.: 13a
MEETING DATE: March 2, 2011
AGENDA SUMMARY REPORT
SUBJECT: DISCUSSION AND CONSIDERATION OF A RESOLUTION IN OPPOSITION
TO THE GOVERNOR'S PROPOSAL TO ABOLISH REDEVELOPMENT
AGENCIES IN CALIFORNIA
Summary: As has been discussed at previous City Council/Agency Meetings, Governor Brown
has proposed eliminating local redevelopment agencies as part of his 2011-12 Budget. This
proposal will severely impede local economic development efforts, programs, and projects.
A broad coalition of local governments, business and labor, environmental leaders, affordable
housing advocates and community groups all oppose the proposal to abolish redevelopment.
The attached draft resolution would add the Ukiah City Council's voice to the mounting
opposition.
Information prepared by the coalition opposing the State's Redevelopment Proposal can be
found online at www.ProtectOurLocalEconomy.com.
The Governor's Budget Proposal can be found at http://www.ebudget.ca.qov/.
The specific bill language for the Governor's proposal to eliminate redevelopment agencies can
be found on the Department of Finance's website at http://www.dof.ca.gov/budgetinq/trailer bill
language/financial research and local government/documents/502%20RDA%20Legislation%
202-23P. Of.
Recommended Action(s): Approve the Resolution in opposition to the Governor's
proposal to abolish Redevelopment Agencies in California
Alternative Council Option(s): Remand to staff with further direction.
Citizens advised: N/A
Requested by: N/A
Prepared by: Sage Sangiacomo, Assistant City Manager and Guy Mills, Project and Grant
Administrator
Coordinated with: Jane Chambers, City Manager
Attachments: 1. Draft Resolution
Approved: J.®.e ...~.-~.Q~
Janir~Chamb rs, City Manager
Attachment 1
RESOLUTION NO. 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH IN OPPOSITION
TO THE ADMINISTRATION'S PROPOSAL TO ABOLISH REDEVELOPMENT
AGENCIES IN CALIFORNIA
WHEREAS, as part of its 2011-12 budget proposal, the Governor has proposed permanently
abolishing California's more than 400 local redevelopment agencies; and
WHEREAS, this proposal represents more of the same misguided and illegal State budget raids
of local government funds that voters have repeatedly sought to end, most recently in
November 2010 when an overwhelming 61 % of voters elected to stop State raids of local
government funds, including redevelopment funds; and
WHEREAS, this proposal will bring very little financial benefit to the State. According to the
State Controller's Office, redevelopment agencies have more than $87 billion in bond and other
contractual obligations that legally must be repaid before revenues are available to any other
purpose. In fact, according to the State Department of Finance's own budget documents, there
will be zero State savings in out years from shutting down redevelopment; and
WHEREAS, this proposal will destroy local economic development, including hundreds of
thousands of jobs and billions of dollars in local economic activity throughout California; and
WHEREAS, throughout California, redevelopment activities support 304,000 jobs annually,
including 170,600 construction jobs, contribute over $40 billion annually to California's economy
in the generation of goods and services, and generate more than $2 billion in state and local
taxes in a typical year; and
WHEREAS, eliminating redevelopment will take away one of the few tools local governments
have to comply with state requirements to plan for more compact urban development supported
by transit-oriented development, housing, jobs and infrastructure; and
WHEREAS, eliminating redevelopment will destroy the development of affordable housing in
California. Redevelopment agencies are the second largest funder of affordable housing,
behind only the federal government, responsible for over 98,000 units of affordable housing
since 1993; and
WHEREAS, shutting down redevelopment agencies is a violation of multiple State and Federal
constitutional provisions.
THEREFORE, BE IT RESOLVED that the City of Ukiah formally opposes the Administration's
proposal to abolish redevelopment in California.
THEREFORE, BE IT FURTHER RESOLVED, that the City of Ukiah authorizes its council and
city staff to communicate its opposition to this proposal to the Governor, the Legislature,
business groups, and citizens.
PASSED AND ADOPTED by the Ukiah City Council this 2nd day of March, 2011, by the
following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Mari Rodin, Mayor
ATTEST:
JoAnne Currie, City Clerk
ITEM NO.:
MEETING DATE:
AGENDA SUMMARY REPORT
March 2, 2011
SUBJECT: AWARD OF CONTRACT FOR UKIAH MUNICIPAL POOLS RENOVATION PROJECT
SPECIFICATION NUMBER 10-19 AND ANY NECESSARY BUDGET AMENDMENTS
Summary: Staff is requesting that the City Council award the contract for Ukiah Municipal Pools
Renovation Project, Specification No. 10-19.
Background: The Ukiah Municipal Swimming Pools, located at Todd Grove Park, provides the only
public access to supervised aquatic activities for the residents and visitors of the greater Ukiah area.
Additionally, the pools provide an American Red Cross certified swim lesson program. The primary users
of the facility are youth, representing approximately 80% of the total attendance. The facility structures,
which have been in operation since 1932, have deteriorated beyond repair and require significant
reconstruction.
The City was awarded a grant from the California State Parks Roberti-Z'berg-Harris Non-Urban
Competitive Grant Program for renovation of the Ukiah Municipal Swimming Pools. The City retained
Alameida Architecture in 2009 for design and architecture services. The City Council, staff members and
community members, worked with Alameida to assemble the pool renovation plan.
Discussion: The majority of expenses for the pool renovation are constructions costs. There are
however additional costs such as architecture and engineering, construction support, material and lab
testing. The cost estimate is included as Attachment #1. As shown in the cost estimate, the total project
is estimated to cost nearly $800,000.
The proposed project will provide significant repairs to the 25 yard lap pool and improve the pool house
for ADA compliance issues. Construction is anticipated to take four to five months and all construction
must be completed by December 2011. The contractor will have 180 days to complete the project. As
stated in the specifications, the contractor must provide access to the large pool and the pool house
during the swim season to allow for summer programming.
The work of the renovation project is focusing on the most urgent repairs such as the cracks in the small
pool and the piping and decking. Other items, that are not urgent repairs, are included within the
Recommended Action(s): Award contract for Ukiah Municipal Pools Renovation Project specification
number 10-19 to the lowest responsive, responsible bidder based on bids submitted on March 1, 2011,
and approve any necessary budget amendments.
Alternative Council Option(s): Remand to staff with direction.
Citizens advised: Friends of the Todd Grove Pool
Requested by:
Prepared by: Katie Marsolan, Community Services Administrator
Coordinated with: Jane Chambers, City Manager and Sage Sangiacomo, Assistant City Manager
Attachments: 1. Cost Estimate for Pool Renovation
Approved:
„s~,~,,
Jai° a Ch afters, City Manage
specifications as add-alternate items. The bid was assembled with five add-alternate items which
include installation of the underwater swimming pool lights, installation of the walk-in stairs, installation
of the filtration backwash tank, addition of roof monitors in pool house for light and ventilation, and the
addition of non-slip surface applied to concrete flooring in the pool house. Based on the engineer's
estimate for all items, this project is underfunded and therefore the alternate items will be evaluated
when the bids are opened.
The Purchasing Department began advertising the project on January 23, 2011. Sealed proposals will
be received and opened by the City Clerk on March 1, 2011. Staff is seeking Council approval for award
of the contract based on the outcome of the bid opening. A bid tabulation sheet will be provided to the
Council and the public at the meeting.
The funding for this project is budgeted in account 140.6050.930.008 in the Park Development Fund.
The project expenses will be reimbursed by a combination of grants, donations and park development
funds. Previously Council approved an internal loan of $148,000, however, staff was directed to return to
Council with further information on interest. As part of this Agenda item staff is seeking direction
regarding the interest on the internal loan. Staff will provide further information on the interest options at
the meeting. Additionally, staff can discuss the project funding which is outlined in the cost estimate.
Based on the results of the bid opening staff may provide Council with additional information on a budget
amendment as necessary.
Fiscal Impact:
Not Applicable Budget Amendment Required
I Budgeted FY 10/11 ~ New Appropriation 1-1 F
Amount Available Source of Funds (title and Account Number Addtl. Appropriation Requested
$763,541 Park Development: Pool Construction 140.6050.930.008
Attachment #1
Pool Renovation Cost Estimate
2005 Grant
Application
2010 Grant
Scope-Change
Deck repair
30,000.00
77,000.00
Circulation system replacement
60,000.00
included in s
mall pool upgrade cost item
PVC liner for the small pool
55,000.00
n/a
Comprehensive Small Pool upgrade
n/a
269,250.00
Chlorination system
15,000.00
10,000.00
Filtration system
40,000.00
6,000.00
Solar Panel and Photovoltaic Systems
120,000.00
n/a
Slide to replace large diving board (remove)
65,000.00
n/a
Renovate existing large diving board
n/a
5,000.00
Site work; removal of old office and wading pool
10,000.00
n/a
Office, restroom, concession & storage rooms
252,936.00
308,000.00
Lifeguard stands at small pool
10,000.00
1,062.50
completed
Chairs, benches, tables
6,000.00
4,984.74
completed
Subtotal Capital
663,936.00
681,297.24
Other project related costs
architecture and engineering
16,850.00
100,000.00
site inspections
2,500.00
5,000.00
material testing and lab
1,000.00
12,000.00
Subtotal Other
20,350.00
117,000.00
Project Grand Total
684,286.00
798,297.24
Funding Sources
Funds Available as of 2-23-11
CA Department of Parks and Recreation RZH grant
500,000.00
500,000.00
Community Donations
71,429.00 36,000.00
County per capita: Wattenburger Funds Remaining
37,233.00
37,233.00
City of Ukiah- park dev fee collected FY 2010-2011
42,308.00
42,308.00
City of Ukiah- internal loan
148,000.00
148,000.00
Total all funding sources
798,970.00
763,541.00
Items budgeted with per capita funds
These items have been expensed separately to utilize funding that expired December 201
0.
Pool Covers and storage reel
25,000.00
16,358.00
City & County per capita- completed
Small diving board replacement
5,000.00
11,000.00
County per capita- in progress
ADA Lift
n/a
10,000.00
County per capita- in progress
r~
C~
MEMORANDUM
To: Members of the City Council
From: Katie Marsolan, Community Services Administrator
cc: JoAnne Currie, City Clerk
Date: March 2, 2011
Re: ITEM 13b - Meeting of March 2, 2011, Ukiah Municipal Pools Renovation
Project, Specification No. 10-19
Attachment "A" for your review is the Bid Tabulation sheet for the above referenced project.
The bid opening occurred at 2:00 PM Tuesday, March 1, 2011. Seven contractors
submitted bids. As outlined in the bid schedule the lowest bid was based upon the base bid
item. The lowest responsive, responsible bidder, was Cupples & Sons Construction, Inc. of
Hopland, CA with a bid of $480,209.
Based on the budget for the project, staff is recommending that the City award alternate
items one, two and five. The cost of the base bid plus alternate items #1, #2, and #5 equals
$606,669.
Fiscal Impact:
Budgeted FY Budget Amendment
I-I X 10/11 11 New Appropriation F1 Not Applicable ❑ Required
Funds Available Source of Funds (title and Account Number Addtl. Appropriation
$763,541 Park Development: Pool Const. 140.6050.930.008
RECOMMENDED ACTION
Award the construction contract for Renovation of the Ukiah Municipal Pool, Specification
No. 10-19 to Cupples & Sons Construction Inc. of Hopland, CA in the amount of $606,669.
Attachment # A
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City 0j-,Wfjaf:.
ITEM NO.: 13c
MEETING DATE: March 2, 2011
AGENDA SUMMARY REPORT
SUBJECT: CONSIDERATION OF RESOLUTIONS OF THE UKIAH CITY COUNCIL IN
SUPPORT OF THE 12TH DISTRICT AGRICULTURAL ASSOCIATION AND
THE MENDOCINO COUNTY FAIR AND APPLE SHOW.
Summary: The 12th District Agricultural Association (home of the Redwood Empire Fair) and
the Mendocino County Fair and Apple Show are requesting that the City Council consider
adopting resolutions supporting the operation and activities of the local fairgrounds. These
agencies provide and promote significant economic and cultural activities for the community. In
addition, the facilities are important public safety staging areas.
The Governor's proposed budget includes significant implications for the immediate and long
term viability and operation of our local fairgrounds. The attached resolutions identify the issues
and importance of the local fair operations and facilities.
In addition, Jennifer Seward, CEO of the 12th District Agricultural Association, and other
representatives will be available to address questions regarding the requests for support.
Recommended Action(s): Approve Resolutions of the Ukiah City Council in support of the 12
District Agricultural Association and the Mendocino County Fair and Apple Show.
Alternative Council Option(s): Remand to staff with further direction.
Citizens advised: Al Beltrami, Board of Directors, 12 District Agricultural Association
Requested by: Jennifer Seward, CEO 12th District Agricultural Association
Prepared by: Sage Sangiacomo, Assistant City Manager
Coordinated with: Jane Chambers, City Manager
Attachments: 1. Draft Resolution Supporting the 12tH District Agricultural Association
2. Draft Resolution Supporting the Mendocino County Fair and Apple Show
Approved: .r- I S-4 J Cha ers, City Manager
Attachment 1
RESOLUTION NO. 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH IN SUPPORT OF
THE 12TH DISTRICT AGRICULTURAL ASSOCIATION FUNDING
WHEREAS, as part of his 2011-12 budget presentation, the Governor has proposed to
permanently discontinue funding for the 12th District Agricultural Association; and
WHEREAS, the 12th District Agricultural Association currently houses four schools and RV Park
a motorized racing facility and generated $8,262,00 in spending activity in 2009, benefiting the
local economy and creating a economic benefit for the City of Ukiah and its residents; and
WHEREAS, this severe budget proposal can threaten the loss of all such services which the fair
provides to Ukiah and its residents; and
WHEREAS, this proposal is "pennywise and pound foolish" by incurring more expense to the
State as the cost of maintaining the 52 acres located in the center of Ukiah would far out weight
the allocation that the fair receives, with just the security aspect being more than the current
funding amount; and
WHEREAS, this proposal will eliminate 93 jobs that are created as a result of spending by the
12th District Agricultural Association, it's support businesses and its attendees, with the labor
income generated by these additional jobs is projected to be approximately $2,707,000.00
annually.; and
WHEREAS, the 12th District Agricultural Association has been utilized as a fire camp by CalFire,
law enforcement training center, a heating and cooling center by the State of California and is
an Office of Emergency Service evacuation center in time of emergency requiring the need for
the facilities existence; and
WHEREAS, by eliminating the funding Mendocino County would possibly lose the center of the
community that provides a place for all people from every corner of the county to meet including
two fairs and multiple fundraisers that cannot be served by other facilities; and
WHEREAS, without the funding an estimated loss directly to the City of Ukiah $91,000.00
created from the increased business activity caused by the fair, its attendees and "interim"
events.
WHEREAS, the City of Ukiah would suffer a direct loss of approximately $111,000.00
generated by the 12th District Agricultural Assocation utilization of City utilities
THEREFORE, BE IT RESOLVED that the City Council of the Ukiah formally supports the
continued funding of the 12th District Agricultural Association by the State of California.
THEREFORE, BE IT FURTHER RESOLVED, that the City of Ukiah Council authorizes and
directs its staff to communicate this resolution to the Governor, the Legislature, business
groups, and citizens.
PASSED AND ADOPTED by the Ukiah City Council this 2nd day of March, 2011, by the
following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Mari Rodin, Mayor
ATTEST:
JoAnne Currie, City Clerk
Attachment 2
RESOLUTION NO. 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH IN SUPPORT OF
THE MENDOCINO COUNTY FAIR AND APPLE SHOW FUNDING
WHEREAS, as part of its 2011-12 budget proposal, the Governor has proposed to permanently
discontinue funding for the Mendocino County Fair and Apple Show; and
WHEREAS, this proposal represents the possible loss of services the fair provides to City of
Ukiah residents, the Mendocino County Fair and Apple Show currently houses a Mendocino
County Sheriff outpost, RV Park, Anderson Valley High School football field and Anderson
Valley Little League Field and generated $2,095,000.00 in spending activity alone in 2009
benefiting the local economy and creating an of economic benefit for city and county residents;
and
WHEREAS, this proposal is "pennywise and pound foolish" as it will bring even more expenses
to the County as the cost of maintaining the 32 acres located in Boonville would far out weight
the allocation that the fair receives, with just the security aspect being more than the current
funding amount; and
WHEREAS, this proposal will possibly eliminate 23 jobs that are created as a result of spending
by the Mendocino County Fair and Apple Show, it's support business and its attendees, the
labor income generated by these additional jobs is projected to be approximately $787,000.00
annually; and
WHEREAS, the Mendocino County Fair and Apple Show has been utilized as a fire camp by
CalFire, law enforcement training center, a heating and cooling center by the State of California
and is an Office of Emergency Service evacuation center for both the public and animals in time
of emergency requiring the need for the facilities existence; and
WHEREAS, eliminating the funding Mendocino County would possibly lose the center of the
community that provides a place for all people from every corner of the county to meet including
a fair and multiple fundraisers that cannot be served by any other facility; and
WHEREAS, an estimated annual additional business tax of $10,700.00 is generated annually,
indirectly impacting and the City of Ukiah and the surrounding areas created from the increased
business activity caused by the fair, its attendees and "interim" events.
THEREFORE, BE IT RESOLVED that the City of Ukiah formally supports the continued funding
of the Mendocino County Fair and Apple Show in Boonville, CA by the State of California.
THEREFORE, BE IT FURTHER RESOLVED, that the City of Ukiah authorizes its council and
city staff to communicate this resolution to the Governor, the Legislature, business groups, and
citizens.
PASSED AND ADOPTED by the Ukiah City Council this 2nd day of March, 2011, by the
following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Mari Rodin, Mayor
ATTEST:
JoAnne Currie, City Clerk
Attachment 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH IN SUPPORT OF
THE 12TH DISTRICT AGRICULTURAL ASSOCIATION FUNDING
WHEREAS, as part of his 2011-12 budget presentation, the Governor and the Legislature has
proposed to permanently discontinue funding for the 12th District Agricultural Association; and
WHEREAS, the 12th District Agricultural Association currently houses four schools , an RV Park
a motorized racing facility and generated $8,262,000 in spending activity in 2009, benefiting the
local economy and creating a economic benefit for the City of Ukiah, the Mendocino County and
its residents; and
WHEREAS, this severe budget proposal can threaten the loss of all such services which the fair
provides to Ukiah, Mendocino County and its residents; and
WHEREAS, this proposal is "pennywise and pound foolish" by incurring more expense to the
State as the cost of maintaining the 52 acres located in the center of Ukiah would far outweigh
the allocation that the fair receives, with just the security aspect being more than the current
funding amount; and
WHEREAS, this proposal will eliminate 93 jobs that are created as a result of spending by the
12th District Agricultural Association, its support businesses and its attendees, with the labor
income generated by these additional jobs projected to be approximately $2,707,000.00
annually.; and
WHEREAS, the 12th District Agricultural Association has a core function of government for the
State as it is utilized as a fire camp by CalFire, law enforcement training center, a heating and
cooling center by the State of California and is an Office of Emergency Service evacuation
center in time of emergency requiring the need for the facilities existence; and
WHEREAS, by eliminating the funding Mendocino County would possibly lose the center of the
community that provides a place for all people from every corner of the county to meet including
two fairs and multiple fundraisers that cannot be served by other facilities; and
WHEREAS, without the funding an estimated loss directly to the City of Ukiah $91,000.00
created from the increased business activity caused by the fair, its attendees and "interim"
events.
WHEREAS, the City of Ukiah would suffer a direct loss of approximately $111,000.00
generated by the 12th District Agricultural Association's utilization of City utilities
THEREFORE, BE IT RESOLVED that the City Council of Ukiah formally supports the continued
funding of the 12th District Agricultural Association by the State of California, as a core function
of government.
THEREFORE, BE IT FURTHER RESOLVED, that the City of Ukiah Council authorizes and
directs its staff to communicate this resolution to the Governor, the Legislature, business
groups, and citizens.
PASSED AND ADOPTED by the Ukiah City Council this 2nd day of March, 2011, by the
following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Mari Rodin, Mayor
ATTEST:
JoAnne Currie, City Clerk
V,,_&4
Attachment 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH IN SUPPORT OF
THE MENDOCINO COUNTY FAIR AND APPLE SHOW FUNDING
WHEREAS, as part of its 2011-12 budget proposal, the Governor and the Legislature has
.proposed to permanently discontinue funding for the Mendocino County Fair and Apple Show;
and
WHEREAS, this proposal represents the possible loss of services the fair provides to City of
Ukiah residents, the Mendocino County Fair and Apple Show currently houses a Mendocino
County Sheriff outpost, RV Park, Anderson Valley High School football field and Anderson
Valley Little League Field and generated $2,095,000.00 in spending activity alone in 2009
benefiting the local economy and creating an of economic benefit for city and county residents;
and
WHEREAS, this proposal is "pennywise and pound foolish" as it will bring even more expenses
to the County as the cost of maintaining the 32 acres located in Boonville would far outweigh the
allocation that the fair receives, with just the security aspect being more than the current funding
amount; and
WHEREAS, this proposal will possibly eliminate 23 jobs that are created as a result of spending
by the Mendocino County Fair and Apple Show, its support businesses and its attendees, the
labor income generated by these additional jobs is projected to be approximately $787,000.00
annually; and
WHEREAS, the Mendocino County Fair and Apple Show has a core function including being
utilized as a fire camp by CalFire, law enforcement training center, a heating and cooling center
by the State of California and is an Office of Emergency Service evacuation center for both the
public and animals in time of emergency requiring the need for the facility's existence; and
WHEREAS, by eliminating the funding, Mendocino County would possibly lose the center of the
community that provides a place for all people from every corner of the county to meet including
a fair and multiple fundraisers that cannot be served by any other facility; and
WHEREAS, an estimated annual additional business tax of $10,700.00 is generated annually,
indirectly impacting and the City of Ukiah and the surrounding areas created from the increased
business activity caused by the fair, its attendees and "interim" events.
THEREFORE, BE IT RESOLVED that the City of Ukiah formally supports the continued funding
of the Mendocino County Fair and Apple Show in Boonville, CA, as a core function of
government facility, by the State of California.
THEREFORE, BE IT FURTHER RESOLVED, that the City of Ukiah authorizes its council and
city staff to communicate this resolution to the Governor, the Legislature, business groups, and
citizens.
PASSED AND ADOPTED by the Ukiah City Council this 2nd day of March, 2011, by the
following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Mari Rodin, Mayor
ATTEST:
JoAnne Currie, City Clerk
LOCAL FAIR AND ATTENDEES' SPENDING SNAPSHOT - BY THE DOLLAR
The Redwood Empire Fair is an economic engine generating tangible benefits beyond the
educational, cultural and agricultural tradition.
The Redwood Empire Fair generated approximately $8,262,000 in spending activity alone in
2009 - benefiting the local economy and creating a ripple effect of economic benefit for the
state.
The network of California fairs generates upwards of $2.5 billion dollars in economic activity
benefiting the local, state and global economy.'
The Redwood Empire Fair creates California jobs through an economic ripple effect of fair
patron spending and the business activity required in support of the fair's traditional agricultural
educational activities.
The equivalent of 93 jobs are created as a result of spending by the Redwood Empire Fair, its
support businesses and its attendees.
The labor income generated by these additional jobs is projected to be approximately
$2,707,000 annually.
The Redwood Empire Fair generates business tax revenue through the collection of state and
local sales taxes, transient occupancy taxes, possessory interest taxes and other taxes and fees.
These revenues further generate economic activity by providing for programs to benefit the local
TOPICS: community.
An estimated $91,000 annually in additional business taxes will be created from the
Economic Impacts increased business activity caused by the fair, its attendees and "interim" events or events
held on the fairgrounds occurring throughout the year.
Spending
Jobs
Personal Income
Tax Revenue
Summary
ECONOMIC IMPACTS
The Redwood Empire Fair, as part of the network of California fairs, provides an enormous
return on investment in economic and other terms. Fairs celebrate our history and heritage.
Fairs are an educational opportunity for youth, and provide wholesome entertainment for
families. Livestock and 4-H programs support California's vibrant agriculture sector.
Children and people of all ages enter their artwork, baked goods, photography and other
homemade products in pursuit of coveted blue ribbons. Many non-profit and charity-based . ,
organizations raise substantial portions of their annual budgets through fundraising booths
and activities at fairs. Fairgrounds are even used as staging sites and rescue locations during forest fires, floods,
earthquakes and other emergencies.
The network of California fairs also has a significant impact on our economy. Fairs infuse $2.55 billion annually into the
California economy, create 28,000 jobs and generate almost $136 million in State and local government tax revenues.2
SPENDING
$10
$8 - .!4- J
$6 a..
$4
$2
$0
2002 2003 2004 2005 2006 2007 2008 2009 2010
JOBS
Jobs are created directly by fair organizations, 125
exhibitors, carnivals and commercial
businesses. Jobs are also created by the ripple loo
effect of fair spending, causing additional
employment by vendors, suppliers and businesses 75
where goods and services are purchased in the
community. Events at the Redwood Empire 50
Fairgrounds created the equivalent of 93 jobs in 25
2009 a
In 2009, 161,179 people attended fairs and events
at the Redwood Empire Fair. Fairgoers spent money
on tickets, food, carnivals and other fair products
and services. As well, fair organizers,
concessionaires and commercial exhibitors spent
money on supplies, lodging and meals. These
purchases have a ripple effect on the local economy
by infusing dollars that are spent again by
others. Together, direct spending and indirect ripple
effect spending represent a significant economic
impact. For the Redwood Empire Fair, events created
a total spending impact of approximately
$8,26 2,000 on the local economy.'
1-1-4 101 103
101
99
=25
Jobs
2003 2004 2005 2006 2007 2008 2009
PERSONAL INCOME
Income earned by fair and event workers also has a
ripple effect on the economy - dollars they spend
become income for other workers in the local
area. Fair and other events held at the Redwood
Empire Fairgrounds created approximately
$2,707,000 in overall salary and benefits for
employees.'
$3.5~ $2.b $2:88
$3.0--
_-J
$2.5
$1.5
$1.0-
- T --$0.0
$0.5
2002 2003 2004 2005 2006 2007 2008 2009 2010
TAX REVENUE
$125
8 $9~ $95-=$9~ ~9~
$100-
$
J J J
-J
$75 r
$50 1 - - -
$25 1.
$0 1
2002 2003 2004 2005 2006 2007 2008 2009 2010
SUMMARY
The direct and indirect economic activity created by
fair events leads to revenues for state and local
governments. Sales tax, possessory interest tax for
the use of government property, transient occupancy
taxes and business license taxes are paid as a result
of fair event activities. Tax revenues to state and
local governments generated by fairs and events held
at the Redwood Empire Fair in 2009 are estimated at
approximately $91,000.6
The formulas for estimating a fair's economic impacts for a given year were developed
from the 2002 economic impact study, adjusted by the consumer price index (CPI) and
factoring that year's overall event attendance and operating expenditures. As such, they
are estimates; however, they are also a clear indication of the importance of the impact of
fair events on state and local economies.
The California Department of Food and Agriculture, Division of Fairs and Expositions will
continue to assess and monitor the economic impact of fair events in order to provide
relevant information to fair organizers, elected officials and interested community
representatives.
C
CALIFORNIA DEPARTMENT OF FOOD & AGRICULTURE
Division of Fairs & Expositions
c1010 a Hurley Way, Suite 200
~i Sacramento, CA 95825
(916) 263-2955 • (916) 263-2969
cdfa.ca.gov/fe • cafairs.com
NOTES
'"Fairs: Exploring a California Gold Mine" prepared by KPMG LLP, 2003
z Ibid.
3 The CPI-adjusted 2009 formula that is used to estimate the overall spending impact for the Redwood Empire Fair is: fair and
event attendance multiplied by 26.84, plus fair operating expenditures multiplied by 4.49, rounded to the nearest thousand.
4 The CPI-adjusted 2009 formula that is used to estimate the number.of jobs created, directly and indirectly, for the Redwood
Empire Fair is: fair and event attendance multiplied by 0.00031, plus fair operating expenditures multiplied by 0.00005.
'The CPI-adjusted 2009 formula to estimate the overall income earned by workers, directly and indirectly, for the Redwood
Empire Fair is: fair and event attendance multiplied by 8.80, plus fair operating expenditures multiplied by 1.47, rounded to
the nearest thousand.
'The tax impacts estimating methodology was developed from the 2003 economic impact study and is unique for each fair -
BE estimates that the total tax revenue generated by the Redwood Empire Fair for a given year is 1.10% of the total spending
created for that year, rounded to the nearest hundred.
City ,J7 ~Z1kjaft
ITEM NO.:
CC NB 13 D, E, F
URANB8A,B,C
MEETING DATE:
March 2, 2011
UKIAH CITY COUNCIL AND UKIAH REDEVELOPMENT AGENCY
AGENDA SUMMARY REPORT
SUBJECT: CONSIDERATION OF RESOLUTIONS APPROVING A PROJECT FUNDING
AGREEMENT BETWEEN THE AGENCY AND CITY, A BUDGET AMENDMENT
PURSUANT TO THE 1996 LOAN AGREEMENT BETWEEN THE AGENCY AND CITY,
AND RESOLUTIONS CONVEYING AGENCY PROPERTY TO THE CITY.
Recommended Action(s) for:
City Council:
1. Adopt Resolution of the City Council of the City of Ukiah approving a funding agreement with
the Redevelopment Agency attached as Attachment 3.
2. Pursuant to the provisions of the 1996 Loan Agreement attached as Attachment 4, approve a
budget amendment and transfer in the amount of $6,000,000 to the Ukiah Redevelopment
Agency Administration Fund to be loaned to the Agency for public infrastructure projects.
3. Adopt Resolution of the City Council of the City of Ukiah approving Purchase and Sale
Agreement (Attachment 5) for the conveyance of Agency property to the City of Ukiah attached
as Attachment 7.
Ukiah Redevelopment Agency:
1. Adopt Redevelopment Agency Resolution approving Project Funding Agreement with the City
of Ukiah attached as Attachment 1.
2. Pursuant to the provisions of the 1996 Loan Agreement (Attachment 4) request budget
amendment by the City of Ukiah in the amount of $6,000,000 as a loan from the City to the
Agency for public infrastructure projects.
3. Adopt Resolution of the Ukiah Redevelopment Agency approving Purchase and Sale
Agreement between Agency and City (Attachment 5) for the conveyance of Agency property to
the City attached as Attachment 6.
Alternative Council Option(s): Remand to staff with an alternate direction.
Citizens advised: N/A
Requested by: N/A
Prepared by: David Rapport, City/Agency Attorney, Sage Sangiacomo, Assistant City
Manager and Guy Mills, Project & Grant Administrator
Coordinated with: Jane Chambers, Executive Director; Robert Gamble, Public Financial
Management (PFM), Financial Advisor; and Iris Yang, Best Best & Krieger LLP,
URA's Specialized Legal Counsel.
Attachments:
Funding Agreement and Resolutions
1. Ukiah Redevelopment Project Area Funding Agreement between City and URA
2. Resolution of the URA approving a Funding Agreement and Findings
3. Resolution of the City approving a Funding Agreement and Findings
Loan
4. Loan Agreement between the Ukiah Redevelopment Agency and City of Ukiah
Property Conveyance
5. Agreement of Purchase and Sale
6. Resolution of the URA for Conveyance of Agency Property and Findings
7. Resolution of the City for Conveyance of Agency Property and Findings
8. Transfer Property List
Approved:
Jan/ 6ambers, City Manager/Executive Director
BACKGROUND: On January 10, 2011, the Governor released his 2011/12 budget proposal. A major
provision of the Governor's budget that significantly affects local government is the proposed elimination of
redevelopment agencies throughout the State by July 1, 2011, and use of the local tax increment from
Redevelopment to fund existing State obligations. The proposal jeopardizes the projects and programs
which the City and its Redevelopment Agency ("Agency") have undertaken to promote jobs, services, and
economic development.
Legislative language detailing the proposed elimination of redevelopment agencies was released last week
and is under review by a Budget Conference Committee in the Legislature. In order to accomplish such
rapid termination of redevelopment as part of the overall budget package, the proposal contemplates
urgency legislation that could be adopted by mid-March 2011. If the Legislation is enacted as currently
drafted, immediately upon its enactment, subject to an exemption for existing debts and obligations, it would
block the Agency from taking any actions in pursuit of its existing projects and programs and would place all
assets of the Agency under the jurisdiction of an Oversight Board charged with overseeing the winding up
the Agency's affairs.
The proposed actions discussed below are intended to take advantage of the exception for existing debts
and obligations and to transfer some Agency assets to the City before the legislation is enacted.
In a summary released by the California Redevelopment Association, Best Best & Krieger reports the draft
legislation released by the Department of Finance on February 23 is generally consistent with the
Governor's proposal and the general descriptions contained in testimony from the Department of Finance in
legislative hearings that took place over the last few weeks. The general outline of the legislation is as
follows:
1. Commencing with the effectiveness of the bill (the day the Governor signs the bill), virtually all
redevelopment activity would be suspended except paying existing obligations.
2. Redevelopment agencies would continue to operate under restrictions until July 1, 2011, when all
agencies would be abolished.
3. Effective July 1, successor agencies would take over the assets and obligation of the former
redevelopment agencies. The City would be the successor agency for its Redevelopment Agency,
unless it declined to assume that role. The successor agency, including the City, would be subject to
direction from an Oversight Board.
4. Successor agency would be charged with wrapping up the operations of the former redevelopment
agency under the direction of an oversight board dominated by appointees from education and
county interests.
5. County auditor-controllers would essentially become the treasurers for all the redevelopment
agencies in the county.
6. In 2011-12, $1.7 billion would be paid to the State for trial court and Medi-Cal costs from the tax
increment revenues.of the redevelopment agencies. A small amount would allegedly be available for
distribution to cities and counties.
7. In subsequent fiscal years, what was formerly tax increment will be distributed to taxing agencies
after first paying amounts due on existing obligations under current payment schedules.
8. Some, but not all, prior obligations will have priority over payment to the State and taxing agencies.
Some obligations which had a first priority on tax increment will be subordinated to payments to the
State and taxing agencies.
Over the past year, the Agency has been working toward the development of a redevelopment bond
issuance to fund necessary and planned public infrastructure and housing projects that will support
economic development and low income housing activities for the community. On February 23, the Agency
approved a bond issuance that would result in approximately $4 million in non-housing funds and $2 million
in housing funds. The Agency's redevelopment legal counsel continues to maintain that the bond issuance
is the most defensible strategy to fund the Agency's planned projects and protect those funds from the
State. The Agency is proceeding in its effort to close on the sale of the bonds before any proposed
legislation is enacted.
Discussion: Because of the potential impact of the pending legislation, staff is proposing that the City and
Agency consider several actions intended to preserve the City's ability to complete projects and programs in
which it has already invested substantial funds and effort which are very important to the ongoing
redevelopment and economic development of the City. While these actions are being proposed at this time
because of the prospect of State action precluding the use of Redevelopment funds, the identification and
funding of the projects outlined in the following resolutions and agreements implement previous planning
efforts and Agency Board actions and agreements. The following summarizes the agreements, resolutions
and actions recommended for adoption by the City and the Agency.
RECOMMENDATIONS:
Funding Agreement and Resolutions
Attached as Attachments 1 and 2 are two resolutions, one to be adopted by the City Council and one to be
adopted by the Agency, approving a Project Funding Agreement between the City and the Agency attached
as Attachment 3.
Resolutions: The two resolutions contain recitals identifying the past actions and agreements the City and
the Agency have undertaken to promote the development of the Redwood Business Park, including the
assembly of acreage and the approval of the Exclusive Negotiating Agreement with Costco. The recitals
point out that under the ENA, the Agency has a contractual obligation to enter a Disposition and
Development Agreement with Costco, if Costco receives the necessary permits from the City for which it
has already applied. Under the DDA the Agency will sell Costco in excess of 15 acres that the Agency has
purchased. Moreover, specific public infrastructure projects will be required for the build-out of the RBP,
including the Costco store.
The resolutions make findings and determinations required by the Community Redevelopment Law. They
approve the Project Funding Agreement and authorize the City Manager and the Agency's Executive
Director to sign the agreement and take any other actions necessary to carry out the obligations of the City
and the Agency under the Agreement.
Project Funding Agreement: Under the Project Funding Agreement the City agrees to be responsible for
the design and construction of Public Improvements within the Redwood Business Park identified by the
City and assumes the responsibility to conduct environmental review required prior to the approval of final
design and construction of these projects. The Agency agrees to pay the City not to exceed $6 Million to
pay the City for the cost of performing the City's obligations under the agreement. The Agreement obligates
the Agency to pay this money to the City for these purposes from any funds available to the Agency,
including the proceeds of any bonds issued by the Agency and Tax Increment revenue to the Agency from
the project area.
The Agreement declares that it constitutes an indebtedness of the Agency and a pledge of the Agency's
Tax Increment revenues.
Purchase and Sale Agreement and Resolutions
Resolutions: Attached as Attachment 5 is a Purchase and Sale Agreement and two resolutions, one to be
adopted by the Agency (Attachment 6) and one to be adopted by the City (Attachment 7), which approve
the agreement and authorize the Agency Executive Director and the City Manager to sign the agreement
and to take necessary action to perfect the conveyances of real property under the agreement. The
resolutions make certain findings and determinations that the conveyances are consistent with the Agency's
redevelopment and implementation plans and will benefit the project area.
Purchase and Sale Agreement: Under the Purchase and Sale Agreement, the Agency agrees to sell and
the City agrees to buy for one dollar parcels of real property described by Mendocino County Assessor
Parcel Number and location in a spreadsheet attached to the agreement. The property includes all of the
parcels owned by the Agency in the Redwood Business Park, on Airport Park Blvd. south of the RBP, the
Alex R. Thomas Plaza, and the parking lot on Main Street. The spread sheet includes property on Cleveland
Lane and North Main Street acquired with the Agency's low and moderate income housing funds.
The City agrees to pay all costs necessary to close on the sale of this property to the City.
If the resolutions approving the agreement are adopted, the Agency and the City wil endeavor to record
deeds before the end of the next week.
Loan under 1996 Loan Agreement
In 1996, the City and the Agency executed a loan agreement which quantified past loans from the City to
the Agency as they existed when the agreement was approved, spelled out the terms under which the
Agency would repay the City and established a procedure for the City making future loans to the Agency for
expenses and projects. The agreement also spells out the terms under which the City will advance loan
funds for Agency expenses and projects and the Agency will repay those loans.
To obtain additional loans, the agreement requires the Agency to request the City to make a budget
amendment, setting aside in a Ukiah Redevelopment Agency Administration Fund money to be advanced to
the Agency as needed for Agency expenses or projects. Once set aside, the City can advance those funds
to pay for Agency expenses or projects as they are incurred by the Agency. The loans earn 6% simple
annual interest once they are advanced and until they are repaid. The Agency is required to repay all or any
portion of the principle and accrued interest upon demand of the City.
Staff recommends that the Agency request the City Council to approve a budget amendment for a $6 Million
to loan to the Agency under the 1996 Loan Agreement for infrastructure projects in the Redwood Business
Park. Staff has identified the closure, post-closure and self-insurance funds of the solid waste disposal site
as the source of funding. The $6 Million Dollar figure is based on engineering estimates that have been
prepared for all of the projects required in the RBP, including improvements to Airport Park Blvd., Airport
Road, Hastings Avenue, utility projects, signalization projects and Talmage Road on-ramp projects. Not all
of these projects may be constructed, other funds may defray some of the cost or the projects may be .
phased. Accordingly, the loan may not exceed that amount, but less than the full amount may be advanced.
The loan is intended as a back-up, if the Legislature adopts legislation which prevents the Agency from
closing on the bonds which the Agency has authorized.
The loan represents an internal financing from invested City funds and is a permissible investment under
Section V(e) of the City's Statement of Investment Policy and Government Code Section 53601(e) which
allow the City to invest in bonds, notes, warrants and other certificates of indebtedness of any local agency
within the state.
FUNDING AGREEMENT
UKIAH REDEVELOPMENT PROJECT AREA
(Public Improvements)
Attachment #1
THIS FUNDING AGREEMENT is entered into as of March 2, 2011, by and between the
REDEVELOPMENT AGENCY OF THE CITY OF UKIAH, a public body, corporate and
politic (Agency), and the CITY OF UKIAH, a municipal corporation (City).
Recitals
A. Pursuant to the Community Redevelopment Law of the State of California (Health
and Safety Code Section 33000 et seq.), the Agency is a duly constituted redevelopment agency
under the laws of the State of California and pursuant to said laws is carrying out the
Redevelopment Plan (Redevelopment Plan) for the Ukiah Redevelopment Project (Redevelopment
Proj ect).
B. The major goals and objectives of the Redevelopment Plan include, among others,
the elimination of blighting influences and the correction of environmental deficiencies in the
Redevelopment Project Area, improving pedestrian and vehicular circulation in the
Redevelopment Project Area, and the installation of new or replacement of existing public
improvements which are currently inadequate to serve the area. The Redevelopment Plan
authorizes the Agency to pay for, develop, or construct any publicly-owned improvements, either
within or without the Project Area, for itself or for any public body or entity, which improvements
are or would be of benefit to the Project Area. The Five Year Implementation Plan for the Ukiah
Redevelopment Plan also specifically identifies the traffic, drainage and utility improvements as
the public improvements projects to be undertaken by the Agency.
C. The Redwood Business Park is a potential major commercial-retail center within
the Redevelopment Project Area which requires the installation certain traffic, drainage and utility
improvements (the "Public Improvements") in order to induce private investment.
D. In furtherance of an Agreement between the Agency and Costco Wholesale
Corporation, approved by the Agency in January 2011 (the "Agreement"), the Agency desires to
cooperate with the City and provide funding to assist with the costs necessary for the Public
Improvements at the Redwood Business Park, which Public Improvements will serve and be of
primary benefit to the Ukiah Redevelopment Project Area.
E. Pursuant to Health and Safety Code Section 33445, the Agency is authorized, with
the consent of the City Council, to pay all or part of the value of the land for and the cost of the
design, installation and construction of any building, facility, structure, or other improvements
which are publicly owned either within or without the Redevelopment Project Area, upon a
determination by the City Council and Agency that such buildings, facilities, structures or other
improvements are of benefit to the Redevelopment Project by helping to eliminate blight within
the Redevelopment Project Area, that no other reasonable means of financing such buildings,
1
Ukiah FA
82661.00001\5861357.1
facilities, -structures, or other improvements are available to the community, and that the payment
of funds for the cost of such buildings, facilities, structures or other improvements is consistent
with the Agency's five-year Implementation Plan for the Redevelopment Project.
F. Section 33678 of the Community Redevelopment Law provides that the portion of
taxes allocated to the Agency pursuant to Section 33670(b) of the Community Redevelopment
Law (Tax Increments) will not be deemed the receipt or appropriation of proceeds of taxes for the
purposes of Article XIII.B. of the California Constitution so long as such Tax Increments are used
for redevelopment activity which primarily benefits the Redevelopment Project Area.
G. In order to enable the City to continue its efforts to construct the Improvements for
the benefit of the Redevelopment Project Area, and as an inducement to the City to do so, the
parties desire to enter into this Agreement providing for the Agency to contribute to the City a
portion of the costs relating to the development and construction of the Improvements.
Agreement
THE AGENCY AND THE CITY HEREBY AGREE AS FOLLOWS:
1. The City shall be responsible for all of the design and construction of the Public
Improvements identified by the City in the Redwood Business Park and that will serve the
Redevelopment Project Area.
2. The City shall be responsible for conducting environmental review prior to its
approval of the Improvements, final design and construction and as a prerequisite for use of any of
the Agency Contribution (as defined below) for final design and construction. It is understood and
agreed that the Agency Contribution provided in this Agreement may be used to conduct such
environmental review. The City shall cause the environmental review to be undertaken as soon as
feasible.
3. The City shall cause such development and construction work to be undertaken as
soon as feasible and continue in order to ensure that the Improvements are completed in a timely
manner.
4. In consideration of the undertakings of the City under Sections 1 through 3 of this
Agreement, the Agency shall pay to the City (or pay to a third parry on behalf of the City) a portion
of the actual costs incurred by the City as necessary for the design, environmental review and
construction of the Improvements, in a total amount not to exceed SIX MILLION-DOLLARS
($6,000,000) (Agency Contribution).
The Agency shall make such Agency Contribution to (or on behalf of) the City from any
funds available to the Agency for such purpose, including the proceeds of any bonds issued by the
Agency, loans and Tax Increments from the Redevelopment Project Area, at the Agency's sole
discretion.
5. Failure by either parry to perform its obligations hereunder shall constitute a default
under this Agreement, and the other party may institute legal action to cure, correct or remedy such
2
Ukiah FA
82661.00001\5861357.1
default, to recover damages for such default or to obtain any other remedy, including injunctive or
declaratory relief, consistent with the purpose of this Agreement.
6. This Agreement constitutes an indebtedness of the Agency incurred in carrying out
the Redevelopment Project, and a pledge of Tax Increments from the Redevelopment Project to
repay such indebtedness, under the provisions of Section 16 of Article XVI of the California
Constitution and Section 33670 et seq. of the Health and Safety Code; provided, however, that
such pledge of Tax Increments shall always be subordinate and subject to the right of the Agency
to pledge or commit Tax Increments from the Redevelopment Project Area to repay bonds or other
indebtedness incurred by the Agency in carrying out the Redevelopment Project.
7. Pursuant to Section 895.4 of the Government Code, the Agency and City agree that
each will assume the full liability imposed upon it or any of its officers, agents or employees for
injury caused by a negligent or wrongful act or omission occurring in the performance of this
Agreement and each party agrees to indemnify and hold harmless the other parry for any loss, costs
or expense that may be imposed upon such other party by virtue of Sections 895.2 and 895.6 of the
Government Code.
8. This Agreement and the obligations of the City and the Agency hereunder shall
terminate upon the completion of the construction of the Improvements by the City and the
payment of the Agency Contribution as set forth in Section 4.
9. Within 30 calendar days of the end of each fiscal year, the City shall prepare and
deliver to the Agency a report of activities and accomplishments with regard to the Improvements,
together with 1) any environmental documentation or notice required as a result of any activity
undertaken in compliance with this Agreement that is a project under CEQA and/or NEPA, 2)
evidence of the costs incurred by the City to provide the Public Improvements provided for under
this Agreement, and 3) any other information reasonably requested by the Agency relating to this
Agreement or the Public Improvements (City's Report). Such information, provided in a timely
manner, shall assist the Agency to fulfill its reporting requirements regarding construction of
capital improvements under California Health and Safety Code Section 33080 et seq.
IN WITNESS WHEREOF, the Agency and the City have executed this Agreement as of
the date first above written.
REDEVELOPMENT AGENCY OF THE
CITY OF UKIAH
By:
By:
Executive Director
Attest:
Secretary
Ukiah FA
82661.00001\5861357.1
Approved as to Form
By;
Agency Counsel
CITY OF UKIAH
By:
Attest:
By:
City Clerk
Approved as to Form:
By:
City Attorney
City Manager
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Ukiah FA
82661.00001\5861357.1
Attachment #2
RESOLUTION NO.
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF UKIAH
APPROVING A FUNDING AGREEMENT WITH THE CITY OF UKIAH AND MAKING
CERTAIN FINDINGS THAT THE PUBLIC IMPROVEMENTS BENEFIT THE UKIAH
REDEVELOPMENT PROJECT AREA
WHEREAS, pursuant to the Community Redevelopment Law of the State of California
(Health and Safety Code Section 33000 et seq.), the Redevelopment Agency of the City of Ukiah
("Agency") is carrying out the Redevelopment Plan for the Ukiah Redevelopment Project Area
("Redevelopment Project Area"); and
WHEREAS, in furtherance of the Redevelopment Plan, the Agency adopted a Five-Year
Implementation Plan, as required by Health and Safety Code Section 33490, covering the period
2007-2012 ("Implementation Plan); and
WHEREAS, the Agency has been involved in the preparation of and approved an Exclusive
Negotiating Agreement ("ENA") with Costco Wholesale Corporation at the Redwood Business
Park in an effort to assist in the elimination of economic and physical blight through focused and
intense efforts by encouraging new business investment, commercial tenancy and job creation in
this high vacancy commercial facility to enhance the community; and
WHEREAS, in furtherance of its effort to eliminate economic and physical blight in the
project area, the Agency expended over $3.3 Million to assemble acreage previously owned by
multiple owners ("the assembled acreage") and entered into other agreements with property owners
in the Redwood Business Park in order to facilitate the development of the Redwood Business Park
and the elimination of economic and physical blight; and
WHEREAS, under the ENA, the Agency is obligated to enter a disposition and development
agreement with Costco under specified terms, if Costco obtains the necessary entitlements to
construct and open its store on the assembled acreage; and
WHEREAS, the Agency has expended in excess of $700,000 to obtain a 3-year option,
expiring on August 3, 2012, to purchase additional acreage in the Redwood Business Park for
commercial development; and
WHEREAS, the redevelopment of the Redwood Business Park requires certain critical
infrastructure projects to improve traffic circulation, drainage and utility service (the "Public
Improvements"); and
WHEREAS, Section 33678 of the Community Redevelopment Law provides that the
portion of taxes allocated to the Agency pursuant to Section 33670(b) of the Community
Redevelopment Law (Tax Increments) will not be deemed the receipt or appropriation of proceeds
for the purposes of Article XIII.B. of the California Constitution so long as such Tax Increments are
used for redevelopment activity which primarily benefits the redevelopment project area; and
82661.00001\5861399.1
WHEREAS, the Agency desires to cooperate with the City in its efforts to improve transit
service and provide funding in an amount not to exceed SIX MILLION DOLLARS ($6,000,000)
("Agency Contribution") to enable the City to design and build the Public Improvements to benefit
the Redevelopment Project Area; and
WHEREAS, the City shall be responsible for conducting environmental review prior to its
approval of the Public Improvements, final design and construction and as a prerequisite for use of
any of the Agency Contribution for final design and construction; and
WHEREAS, the Agency and City have cooperated in the preparation of a Funding
Agreement ("Funding Agreement") to provide for payment of the Agency Contribution to the City
to pay for the costs for the City to design, obtain all approvals for and build the Public
Improvements to benefit the Redevelopment Project Area (Project).
NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of
Ukiah as follows:
Section 1. The Agency hereby finds and determines that the Project, and payment of the
Agency Contribution to assist with financing the Public Improvements as provided for under the
Funding Agreement, are of primary benefit to the Redevelopment Project Area by helping to
eliminate blight within the Redevelopment Project Area; that no other reasonable means of
financing the costs of the Public Improvements are available to the City; and that the payment of the
Agency Contribution to construct the Public Improvements is consistent with the Implementation
Plan adopted by the Agency pursuant to Section 33490 of the Community Redevelopment Law.
These findings and determinations are based on the following facts:
a) The major goals and objectives of the Redevelopment Plan include, among others,
the elimination of blighting influences and the correction of environmental deficiencies in the
Redevelopment Project Area, including, among others, inadequate or deteriorated public
improvements, facilities and utilities; the strengthening of retail and other commercial functions in
the Redevelopment Project Area; the strengthening of the economic base of the Redevelopment
Project Area and the community by the installation of needed site improvements to stimulate new
residential commercial and light industrial expansion, employment and social and economic
growth; and the replanning, redesign and development of portions of the Redevelopment Project
Area which are stagnant or improperly utilized. The Redevelopment Plan provides the Agency with
powers, duties and obligations for the redevelopment, rehabilitation and revitalization of the area
within the Redevelopment Project Area.
(b) Given the ongoing downturn in the economy, the decreases in funding available to
cities and other local jurisdictions for general funding purposes, including the current budget crisis
of the City, State and federal governments, and the lack and reduction of other governmental grants
and assistance programs to help with the costs of these projects and services, the City does not have
the necessary funds in the General Fund or any other sources available to it to fund the costs
necessary to construct the Public Improvements that are required within the Redevelopment Project
Area to provide this key component to the Redwood Business Park.
(c) In order to ensure that the Agency Contribution does not exceed the costs of the
Project provided to benefit the Redevelopment Project Area, the Funding Agreement requires the
82661.00001\5861399.1 2
City to provide evidence to the Agency of the costs incurred by the City for the construction of the
Public Improvements to benefit the Redevelopment Project Area.
(d) As set forth in Section 33031 of the Community Redevelopment Law, conditions
that cause blight include, among others, substandard, defective or obsolete design or construction;
faulty or inadequate utilities, or other similar factors; depreciated or stagnant property values;
abnormally high business vacancies, low lease rates and abandoned buildings; and a high crime rate
that constitutes a serious threat to the public safety and welfare. The Project is consistent with the
types of projects and programs identified in the Redevelopment Plan and the Implementation Plan
that will stimulate and encourage further redevelopment and private investment in the
Redevelopment Project Area.
Section 2. Pursuant to Section 33678 of the Community Redevelopment Law, the Agency
further determines that the Project to be provided will benefit the Redevelopment Project Area and
the Agency Contribution toward the costs of the Public Improvements are redevelopment activities
as prescribed in Sections 33020 and 33021 of the Community Redevelopment Law, that the
provision of the Project provided for under the Funding Agreement will primarily benefit the
Redevelopment Project Area, and that none of the funds used to pay for the Project will be used for
employee or contractual services of any local government agency except those directly relating to
the provision of the Project to benefit the Redevelopment Project Area.
Section 3. The Agency hereby approves the Funding Agreement, including without
limitation the Agency Contribution provided for under the Funding Agreement, in substantially the
form currently on file with the Agency Secretary. The Executive Director is authorized and
directed to execute the Funding Agreement on behalf of the Agency, subject to any minor,
clarifying or technical modifications approved by Agency Counsel. The Executive Director is
further authorized and directed to take all actions and execute such documents as may be necessary
to carry out the obligations of the Agency under the Funding Agreement, including payment of the
Agency Contribution pursuant to the terms of the Funding Agreement.
DULY AND REGULARLY ADOPTED by the Redevelopment Agency of the City of
Ukiah this 2d day of March, 2011.
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mari Rodin, Chairman
ATTEST:
Linda Brown, Secretary
82661.00001\5861399.1
Attachment #3
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING A
FUNDING AGREEMENT WITH THE REDEVELOPMENT AGENCY OF THE CITY OF
UKIAH AND MAKING CERTAIN FINDINGS THAT THE PUBLIC IMPROVEMENTS
BENEFIT THE UKIAH REDEVELOPMENT PROJECT AREA
WHEREAS, pursuant to the Community Redevelopment Law of the State of California
(Health and Safety Code Section 33000 et seq.), the Redevelopment Agency of the City of Ukiah
("Agency") is carrying out the Redevelopment Plan for the Ukiah Redevelopment Project Area
("Redevelopment Project Area"); and
WHEREAS, in furtherance of the Redevelopment Plan, the Agency adopted a Five-Year
Implementation Plan, as required by Health and Safety Code Section 33490, covering the period
2007-2012 ("Implementation Plan); and
WHEREAS, the Agency has been involved in the preparation of and approved an Exclusive
Negotiating Agreement ("BNA") with Costco Wholesale Corporation at the Redwood Business
Park in an effort to assist in the elimination of economic and physical blight through focused and
intense efforts by encouraging new business investment, commercial tenancy and job creation in
this high vacancy commercial facility to enhance the community; and
WHEREAS, in furtherance of its effort to eliminate economic and physical blight in the
project area, the Agency expended over $3.3 Million to assemble acreage previously owned by
multiple owners ("the assembled acreage") and entered into other agreements with property owners
in the Redwood Business Park in order to facilitate the development of the Redwood Business Park
and the elimination of economic and physical blight; and
WHEREAS, under the ENA, the Agency is obligated to enter a disposition and development
agreement with Costco under specified terms, if Costco obtains the necessary entitlements to
construct and open its store on the assembled acreage; and
WHEREAS, the Agency has expended in excess of $700,000 to obtain a 3-year option,
expiring on August 3, 2012, to purchase additional acreage in the Redwood Business Park for
commercial development; and
WHEREAS, the redevelopment of the Redwood Business Park requires certain critical
infrastructure projects to improve traffic circulation, drainage and utility service (the "Public
Improvements"); and
WHEREAS, Section 33678 of the Community Redevelopment Law provides that the
portion of taxes allocated to the Agency pursuant to Section 33670(b) of the Community
Redevelopment Law (Tax Increments) will not be deemed the receipt or appropriation of proceeds
for the purposes of Article XIII.B. of the California Constitution so long as such Tax Increments are
used for redevelopment activity which primarily benefits the redevelopment project area; and
WHEREAS, the City desires to cooperate with the Agency in its efforts to stimulate private
investment by improving traffic circulation, drainage and utility improvements in the Redwood
Business Park and provide funding in an amount not to exceed SIX MILLIION DOLLARS
($6,000,000) ("Agency Contribution") to enable the City to design and build the Public
Improvements to benefit the Redevelopment Project Area; and
WHEREAS, the City shall be responsible for conducting environmental review prior to its
approval of the Public Improvements, final design and construction and as a prerequisite for use of
any of the Agency Contribution for final design and construction; and
WHEREAS, the Agency and City have cooperated in the preparation of a Funding
Agreement ("Funding Agreement") to provide for payment of the Agency Contribution to the City
to pay for the costs for the City to design, obtain all approvals for and build the Public
Improvements to benefit the Redevelopment Project Area (Project).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ukiah as
follows:
Section 1. The City Council hereby finds and determines that the Project, and payment of
the Agency Contribution to assist with financing the Public Improvements as provided for under the
Funding Agreement, are of primary benefit to the Redevelopment Project Area by helping to
eliminate blight within the Redevelopment Project Area; that no other reasonable means of
financing the costs of the Public Improvements are available to the City; and that the payment of the
Agency Contribution to construct the Public Improvements is consistent with the Implementation
Plan adopted by the Agency pursuant to Section 33490 of the Community Redevelopment Law.
These findings and determinations are based on the following facts:
a) The major goals and objectives of the Redevelopment Plan include, among others,
the elimination of blighting influences and the correction of environmental deficiencies in the
Redevelopment Project Area, including, among others, inadequate or deteriorated public
improvements, facilities and utilities; the strengthening of retail and other commercial functions in
the Redevelopment Project Area; the strengthening of the economic base of the Redevelopment
Project Area and the community by the installation of needed site improvements to stimulate new
residential commercial and light industrial expansion, employment and social and economic
growth; and the replanning, redesign and development of portions of the Redevelopment Project
Area which are stagnant or improperly utilized. The Redevelopment Plan provides the Agency with
powers, duties and obligations for the redevelopment, rehabilitation and revitalization of the area
within the Redevelopment Project Area.
(b) Given the ongoing downturn in the economy, the decreases in funding available to
cities and other local jurisdictions for general funding purposes, including the current budget crisis
of the City, State and federal governments, and the lack and reduction of other governmental grants
and assistance programs to help with the costs of these projects and services, the City does not have
the necessary funds in the General Fund or any other sources available to it to fund the costs
necessary to construct the Public Improvements that are required within the Redevelopment Project
Area to provide this key component to the Redwood Business Park.
82661.00001 \5 861861.1
(c) In order to ensure that the Agency Contribution does not exceed the costs of the
Project provided to benefit the Redevelopment Project Area, the Funding Agreement requires the
City to provide evidence to the Agency of the costs incurred by the City for the construction of the
Public Improvements to benefit the Redevelopment Project Area.
(d) As set forth in Section 33031 of the Community Redevelopment Law, conditions
that cause blight include, among others, substandard, defective or obsolete design or construction;
faulty or inadequate utilities, or other similar factors; depreciated or stagnant property values;
abnormally high business vacancies, low lease rates and abandoned buildings; and a high crime rate
that constitutes a serious threat to the public safety and welfare. The Project is consistent with the
types of projects and programs identified in the Redevelopment Plan and the Implementation Plan
that will stimulate and encourage further redevelopment and private investment in the
Redevelopment Project Area.
Section 2. Pursuant to Section 33678 of the Community Redevelopment Law, the City
Council further determines that the Project to be provided will benefit the Redevelopment Project
Area and the Agency Contribution toward the costs of the Public Improvements are redevelopment
activities as prescribed in Sections 33020 and 33021 of the Community Redevelopment Law, that
the provision of the Project provided for under the Funding Agreement will primarily benefit the
Redevelopment Project Area, and that none of the funds used to pay for the Project will be used for
employee or contractual services of any local government agency except those directly relating to
the provision of the Project to benefit the Redevelopment Project Area.
Section 3. The City Council hereby approves the Funding Agreement, including without
limitation the Agency Contribution provided for under the Funding Agreement, in substantially the
form currently on file with the Agency Secretary. The City Manager is authorized and directed to
execute the Funding Agreement on behalf of the City, subject to any minor, clarifying or technical
modifications approved by City Attorney. The City Manager is further authorized and directed to
take all actions and execute such documents as may be necessary to carry out the obligations of the
City under the Funding Agreement.
DULY AND REGULARLY ADOPTED by the City Council of the City of Ukiah this 2d
day of March, 2011.
AYES:
NOES:
ABSENT:
ABSTAIN:
82661.00001\5861861.1
APPROVED:
Mari Rodin, Mayor
ATTEST:
Linda Brown, City Clerk
82661.00001\5861861.1
ATTACHMENT
RESOLUTION NO. 96-52
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF UKIAH APPROVING LOAN AGREEMENT BETWEEN THE
UKIAH REDEVELOPMENT AGENCY AND THE CITY OF UKIAH
WHEREAS, the Ukiah Redevelopment Agency (Agency) was established by the Ukiah
City Council (City) In 1974, and adopted a Redevelopment Plan in 1989; and
WHEREAS, the Ukiah Redevelopment Agency performs duties and carries out plans
and programs beneficial to the City and Its environs; and
WHEREAS, the City acknowledges the positive benefits of the Agency and desires that
It remain a viable entity, and
WHEREAS, the Agency, like all Redevelopment Agencies, must operate in a debt
situation, precluding unencumbered fund balances; and
WHEREAS, both the Agency and the City wish to formalize the loan procedures
between the two parties.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Ukiah that the
Loan Agreement between the City of Ukiah and the Ukiah Redevelopment Agency,
attached hereto as Exhibit 'A,' is approved, and the Mayor Is authorized to execute same.
PASSED AND ADOPTED this 3rd day of April, 1996, by the following roll call vote:
AYES: Councilmembers Mostin, Malone, Shoemaker, and Chairman Schnelter
NOES: Councllmember Wattenburger
ABSENT: None
ABSTAIN: None
AE
,
Cat y cKay, C Clerk
4/Res: Loan
Fred Schnelter, Mayor
LOAN AGREEMENT
BETWEEN
THE UKIAH REDEVELOPMENT AGENCY
AND
THE CITY OF UKIAH
This Agreement is made and entered in Ukiah, California, on
1996, by and between the City of Ukiah ("City") and the Ukiah
edevelopment Agency ("Agency"), effective as of January 1, 1987.
RECITALS:
1. City first formed the Agency in 1974.
2. In 1983 the City began to consider adopting a Redevelop-ment
Plan.
3. Beginning in 1987 the Agency retained professional consultants
to advise and assist it in the development of a redevelopment plan and
associated documents, including environmental documents. These
consultants included the law firm of McDonough, Holland and Allen, the
planning firms of Wurster, Bernardi & Emmons, Inc., and John B. Dykstra
& Associates as well as financial consultants.
4. In addition, the Agency incurred additional legal and
administrative expenses in the course of developing and implementing its
redevelopment plan.
5. The City has advanced funds to the Agency for all of these
purposes periodically since February, 1983.
6. Not later than October 1 of each year, the Agency has filed
annual statements of indebtedness with the County
Auditor pursuant to the Health & Safety Code §33675.
7. Periodically, the City will be required to advance funds to the
Agency in the future for administrative and other expenses of the
Agency.
8. All of these advances to the Agency were made as loans which
the Agency is required to repay pursuant to resolutions of the City and
the Agency.
9. The purpose of this Agreement is to memorialize the terms under
which the City has and will loan funds to the Agency for costs of
developing, implementing, revising and administering the redevelopment
plan.
AGREEMENT :
In consideration of the above-recited facts and on the terms and
conditions as further stated herein, the parties hereby agree as
follows:
1. REPAYMENT OF PAST LOANS. To and including June 30, 1996, the
City has or will have loaned the Agency for the development,
implementation and administration of the Ukiah Redevelopment Plan,
amounts as set forth in the attached Exhibit A which is incorporated
herein by reference. The total amount of said loan equals $1,577,205.52
("Loan Amount"). The Loan Amount is comprised of the following:
TABLE I
Date of Advance
Amount Interest Rate
Designation
2/2/83 - 1/3/87
Fy 91/92 - 3/29/96
3/5/96 - 6/30/96
$ 152,110.001 100
$1,379,331.522 Adjust.3
$ 45,764.004 Adjust.
"Audited Loan"
"Budget Deficit
Loan"
"Projected
Deficit Loan"
Agency agrees to repay the Loan Amount as further provided in this
paragraph.
1.1 Upon demand of the City, Agency shall repay all or
part of the outstanding balance of the Loan Amount; provided,
however, that the Agency shall only be obligated to repay the Loan
Amount from unencumbered tax increment revenues actually available
to the Agency and not required by the Agency to satisfy legally
binding financial commitments arising prior to a demand for
repayment by the City.
1.2 From the date of advance through June 30, 1996, the
Agency shall pay annual interest on the Audited Loan, Budget
Deficit Loan and Projected Deficit Loan at the interest rates
stated in Table I, compounded annually. The Loan Amount already
includes accrued interest at these rates to the dates stated in
footnotes 1-2 and 4 of paragraph 1. After June 30, 1996, the
1 Includes interest through 6/30/96
2 Includes accrued interest through March 5, 1996
3 Adjustable rate equal to the average interest rate earned
by City on all its invested funds.
4 Includes accrued interest through June 30, 1996
s:\u\agrmts96\rda.1n
March 29, 1996 2
Agency shall pay annual interest on the entire unpaid balance of
the Loan Amount, including accrued but unpaid interest at the rate
of 6%, compounded annually.
1.3 The Agency shall continue to make payments on demand
as provided in this paragraph until the total outstanding balance
of the Loan Amount and accrued interest is paid in full.
2. REPAYMENT OF FUTURE BUDGETED LOANS. On and after June 30,
1996, the Agency may request the City to budget additional amounts
to loan the Agency pursuant to the terms of this paragraph.
2.1 On or before May 15 of each year, the Agency may
submit a request to the City to budget an amount of funds to loan
the Agency for costs of revising, implementing and administering
the redevelopment plan or performing a public function of the
community. These purposes can include costs of City supplied
personnel, equipment, overhead and supplies, costs associated with
the officers and employees of the Agency, costs of outside
contractors and consultants, and costs associated with the
purchase of real or personal property. All amounts budgeted shall
be a loan from the City to the Agency ("Budgeted Loan") which the
Agency shall repay pursuant to the terms of this paragraph.
2.2 In addition to Budgeted Loans requested pursuant to
paragraph 2.1, the Agency make request the City to budget
additional amounts at any time for the purposes stated in paragraph
2.1. Any additional amounts so budgeted by the City shall also be
considered Budgeted Loans subject to the terms of this paragraph 2.
2.3 Upon demand of the City, Agency shall repay all or
part of the outstanding balance of the Budgeted Loan; provided,
however, that the Agency shall only be obligated to repay the
Budgeted Loan from unencumbered tax increment revenues actually
available to the Agency and not required by the Agency to satisfy
legally binding financial commitments arising prior to a demand for
repayment by the City.
2.9 From the date of each advance of a Budgeted Loan to
the Agency, the Agency shall pay annual interest on the entire
unpaid balance of the Budgeted Loan, including accrued but unpaid
interest, at the rate of 6%, compounded annually.
2.5 The Agency shall continue to make payments on demand
as provided in this paragraph until the total outstanding balance
of the Budgeted Loan and accrued interest are paid in full.
3. FINANCIAL REPORTS REQUIRED. As long as a Loan Amount,
Budgeted Loan or accrued interest remain unpaid, Agency shall file
annual financial statements with the City of all revenues and
expenditures.
s:\u\ag=ts96\rda.ln
March 29, 1996 3
4. AGENCY ADMINISTRATIVE FUND. All money loaned to Agency
under this Agreement shall be kept by the treasury of the City in
a special fund to be known as the "Ukiah Community Redevelopment
Agency Administrative Fund" and money shall be drawn from the fund
to meet the administrative and other approved expenses of the
Agency in substantially the same manner as money is drawn by other
departments and agencies of the City subject to budgetary control.
5. SUBORDINATION. The Agency's pledge of tax increment
revenues and its obligation to repay the Loan Amount, a Budgeted
Loan or accrued interest under the terms of this Agreement is
subordinate to its pledge of tax increments for tax allocation
bonds or other long-term indebtedness the Agency incurs to carry
out a project.
6. SEVERABILITY. If any provision of the Agreement is held
by a court of competent jurisdiction to be invalid, void, or
unenforceable, the remaining provisions shall nevertheless continue
in full force and effect without being impaired or invalidated in
any way.
7. INTEGRATION. This Agreement contains the entire
agreement among the parties and supersedes all prior and
contemporaneous oral and written agreements, understandings, and
representations among the parties. No amendments to this Agreement
shall be binding unless executed in writing by all of the parties.
8. WAIVER. No waiver, of any of the provisions of this
Agreement shall be deemed, or shall constitute a waiver of any
other provision, nor shall any waiver constitute a continuing
waiver. No waiver shall be binding unless executed in writing by
the party making the waiver.
9. NOTICES. Whenever notice, payment or other communication
is required or permitted under this Agreement it shall be deemed to
have been given when personally delivered or when deposited in the
United Sates mail with proper first class postage affixed thereto
and addressed as follows:
AGENCY
Executive Director
Ukiah Civic Center
300 Seminary Ave.
Ukiah, CA. 95482
CITY
City Manager
Ukiah Civic Center
300 Seminary Ave.
Ukiah, CA. 95482
10. PARAGRAPH READINGS. . The paragraph headings contained
herein are for convenience and reference only and are not intended
to define or limit the scope of this agreement.
s:\u\agrmts96\rda.1n
March 29, 1996 4
11. DUPLICATE ORIGINALS. This Agreement may be executed
in one or more duplicate originals bearing the original signature
of both parties and when so executed any such duplicate original
shall be admissible as proof of the existence and terms of the
Agreement between the parties.
WHEREFORE, the parties have entered this Agreement on the date
first written above.
CITY OF UKIAH
By: iKI-J-111(Adr-1
Fred Schneiter, Mayor
ATTEST:
Cathy McK4y,-City[Cler
UKIAH REDEVELOPMENT AGENCY
44
B
3Y:
Fred Sc neiter, Chairman
ATTEST:
Karen Yoast, St cretary
s:\u\agrmts96\rda.1n
March 29, 1996 5
EXHIBIT A
KUA 6OKKOWING
Accumulated
Balance
Principal
Interest to 6/30/95
Due
2/2/83
10,000.00
12,333.00
22,333.00
5/15/85
15,000.00
15,193.00
30,193.00
1/3/87
50,000.00
42,084.00
92,084.00
Audited balance 6/30/95
75,000.00
69,610.00
144,610.00
Interest 7/1/95 - 3/31/96
5,625.00
150,235.00
Interest 4/1/96 - 6/30/96
1,875.00
152,110.00
Interest 7/1/96-6/30/97 7,500.00 159,610.00
CASH FLOW DEFICIT
DEBT SUMMARY
Operating Cap. Project
Original
Combined
Fund 960 Fund 965
Loans *
Total
Prior to FY 91/92
(34,060.73)
(114,610.00)
(148,670.73)
FY 1991/92
(176,211.84)
(7,500.00)
(183,711.84)
FY 1992/93
(21,696.99)
(7,500.00)
(29,196.99)
FY 1993/94
(167,514.30)
(7,500.00)
(175,014.30)
FY 1994/95
(585,542.46)
(7,500.00)
(593,042.46)
FY 1995/96 YTD
(204,178.29) (190,126.91)
(5,625.00)
(399,930.20)
FY 1996 Projected to Apr - Jun
140,800.00 186,564.00
1,875.00
47,639.00
TOTAL at June 30, 1996
1,048,404.61 (376,690.91
152,110.00 1,577,205.52)
FY 1996/97 Projected
(20,595.39) 70,309.09
9,126.60)
100,031.08
TOTAL
2,117,404.61 823,690.91
313,346.60)
1,677,236.60
Total debt, pre-existing loan (Principal & accrued interest), as of June 30, 1996 (152,110.00)
Total debt (Budget Deficit) incurred to March 29, 1996 (1,379,331.52)
Projected debt to be incurred to June 30, 1996 (45,764.00)
TOTAL (1,577,205.52)
Projected debt to be incurred in FY 1996/97 (100,031.08)
TOTAL (1,677,236.60)
* Includes accrued interest
Includes $77,110 of accrued interest.
DEBTSUM.XLS 3/29/96 Page 1 April 3, 1996 Agenda
AGREEMENT OF PURCHASE AND SALE
Attachment #5
This Agreement of Purchase and Sale ("Agreement"), dated as of March 2, 2011, is made
and entered into by and between the Redevelopment Agency of the City of Ukiah, a public body,
corporate and politic ("Seller"), and the City of Ukiah, a municipal corporation of the State of
California ("Buyer"). The Seller and Buyer agree as follows:
RECITALS
A. Seller is the owner of certain real property known as Mendocino County
Assessor's Parcel Numbers and addresses as set forth in the spreadsheet attached hereto ("the
Property"). The Property is located within the Ukiah Redevelopment Project Area.
B. Buyer desires to purchase the Property from Seller, and Seller desires to sell the
Site to Buyer, upon the terms, conditions, and provisions set forth in this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants
contained herein, the parties agree as follows:
1. Purchase and Sale. Seller agrees to sell and convey to Buyer, and Buyer agrees to
purchase from Seller, the Property, on the terms and subject to the conditions set forth in this
Agreement.
2. Purchase Price. The purchase price ("Purchase Price") for the Property shall be
the amount of One Dollar ($1) and other good and valuable consideration, the sufficiency of
which is hereby acknowledged.
3. Payment of Purchase Price. On the Closing Date (defined below), the Purchase
Price shall be payable by Buyer to Seller in the form of cash or check, made payable to the
Seller, in the amount of the Purchase Price.
4. Closing. For the purpose of this Agreement, the "Closing Date" shall occur on
the date that the Grant Deed (defined below) is recorded in the Official Records of Mendocino
County. The Closing Date shall occur on a date mutually agreed upon by Seller and Buyer.
5. Grant Deed; Title. Transfer of the Property from Seller to Buyer shall be
evidenced by a grant deed or quitclaim deed ("Grant Deed") as mutually determined by and in a
form reasonably acceptable to Seller and Buyer. Prior to the Closing Date, Seller shall deliver to
Buyer the Grant Deed duly executed and acknowledged in recordable form by Seller, and Buyer
shall record the Grant Deed in the Official Records of Mendocino County within five (5)
business days following receipt of same.
S:\Administration\Agendas & ASRs\Mar 2 Regular Agenda\URA and City ASR for 3-1-11\Attachment 5 purchase and sale final.doc 1
6. Costs. Buyer shall be solely responsible for all costs associated with the
conveyance of the Property, including any and all transfer taxes and recording fees in connection
with the conveyance of the Property.
7. As-Is Conveyance. Buyer has made such independent examinations and inquiries
as Buyer deems necessary and desirable with respect to the Property and the transaction
contemplated by this Agreement. Buyer is purchasing the Property on an "AS-IS WITH ALL
BASIS," and is relying upon Buyer's own independent investigations, examinations, and
inquiries, and the materials and information prepared by Buyer or by third parties at Buyer's
request in determining that the Property and each portion thereof is suitable and adequate in all
respects for any and all activities and uses which Buyer may elect to conduct thereon. Seller is
not making, has not made, and expressly disclaims, any representation, warranty, or other
assurance whatsoever with respect to the Property or any condition or feature thereof.
8. Miscellaneous.
(a) Notices. Any notices, requests, demands, or other communications
required or permitted to be given under this Agreement shall be in writing and shall be deemed
to have been duly given on the date of service if served personally (FedEx and similar services
shall be considered to be personal service), and upon the second business day after mailing, if
mailed to the party to whom notice is to be given, by first class mail, registered or certified,
postage prepaid, return receipt requested, and properly addressed as follows:
To Seller: Redevelopment Agency of the City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
Attention: Executive Director
To Buyer: City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
Attention: City Manager
(b) Integration. This Agreement contains the entire agreement of the parties
hereto; and this Agreement supersedes any and all prior written and oral agreements between
them concerning the subject matter contained herein. There are no representations, agreements,
arrangements or understandings, oral or written, relating to the subject matter which are not fully
expressed herein.
(c) Amendment. No change, alteration, amendment, modification, or waiver
of any of the terms or provisions hereof shall be valid unless the same shall be in writing and
signed by the parties hereto.
(d) Additional Documents. From time to time prior to and after the Closing
Date, each party shall execute and deliver such instruments of transfer and other documents as
SAAdministration\Agendas & ASRs\Mar 2 Regular Agenda\URA and City ASR for 3-1-11\Attachment 5 purchase and sale final.doc2
may be reasonably requested by the other party to carry out the purpose and intent of this
Agreement.
(e) Possession; Risk of Loss. Risk of loss shall remain with Seller until Closing.
Possession of the Site and the risk of loss shall pass to Buyer at closing.
(f) Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute but one and the
same instrument.
(g) No Brokers. Seller and Buyer hereby acknowledge that neither party has been
represented by any real estate broker, agent, or finder in connection with this transaction.
Accordingly, each party hereby agrees to indemnify, defend, and hold the other harmless from
and against any claims (including all costs, expenses, and attorney's fees related thereto) payable
as to any real estate broker, agent, or finder which the indemnifying party may engage or is
claimed to have engaged in connection with this transaction.
(h) Assignment. Buyer may not assign this Agreement or any of its rights, liabilities,
or obligations hereunder, without the prior written consent of Seller, which may be withheld in
Seller's sole and absolute discretion.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set
forth above.
SELLER:
By:
APPROVED AS TO FORM:
By:
Agency Counsel
ATTEST:
By:
Secretary
REDEVELOPMENT AGENCY OF THE
CITY OF UKIAH, a public body,
corporate and politic
Executive Director
SAAdministration\Agendas & ASRs\Mar 2 Regular Agenda\URA and City ASR for 3-1-11\Attachment 5 purchase and sale final.doc3
BUYER:
By:
APPROVED AS TO FORM:
By:
City Attorney
ATTEST:
By:
City Clerk
CITY OF UKIAH, a municipal
corporation of the State of California
City Manager
S:\Administration\Agendas & ASRs\Mar 2 Regular Agenda\URA and City ASR for 3-1-11\Attachment 5 purchase and sale final.doc4
Attachment #6
RESOLUTION NO.
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF UKIAH
APPROVING THE CONVEYANCE OF AGENCY PROPERTY TO THE CITY AND MAKING
CERTAIN FINDINGS THAT THE CONVEYANCE WILL BE USED FOR REDEVELOPMENT
PURPOSES IN CONFORMITY WITH THE REDEVELOPMENT PLAN AND TO BENEFIT
THE UKIAH REDEVELOPMENT PROJECT AREA
WHEREAS, pursuant to the Community Redevelopment Law of the State of California
(Health and Safety Code Section 33000 et seq.), the Redevelopment Agency of the City of Ukiah
("Agency") is carrying out the Redevelopment Plan for the Ukiah Redevelopment Project Area
("Redevelopment Project Area"); and
WHEREAS, in furtherance of the Redevelopment Plan, the Agency adopted a Five-Year
Implementation Plan, as required by Health and Safety Code Section 33490, covering the period
2007-2012 ("Implementation Plan); and
WHEREAS, in furtherance of its effort to eliminate economic and physical blight in the
project area, the Agency expended $4 Million to assemble acreage previously owned by multiple
owners in order to facilitate the development of the Redwood Business Park; and
WHEREAS, the Agency has been involved in the preparation of and approved an Exclusive
Negotiating Agreement ("ENA") with Costco Wholesale Corporation at the Redwood Business
Park in an effort to assist in the elimination of economic and physical blight through focused and
intense efforts by encouraging new business investment, commercial tenancy and job creation in
this high vacancy commercial facility to enhance the community; and
WHEREAS, Section 33678 of the Community Redevelopment Law provides that the
portion of taxes allocated to the Agency pursuant to Section 33670(b) of the Community
Redevelopment Law (Tax Increments) will not be deemed the receipt or appropriation of proceeds
for the purposes of Article XIII.B. of the California Constitution so long as such Tax Increments are
used for redevelopment activity which primarily benefits the redevelopment project area; and
WHEREAS, in order to facilitate the implementation of the redevelopment plan and the
redevelopment of the project area, the Agency has determined to convey and the City has agreed to
accept certain parcels of Agency real property listed by Mendocino County Assessor Parcel number
and location on the attached spreadsheet which is incorporated herein by this reference ("the
Transferred Property"); and
WHEREAS, parcels 12-28 on the attached spreadsheet ("Redevelopment Parcels") were
acquired for the purposes described above; and
WHEREAS, parcels 3-4 and 7-11 (the "Housing Parcels") on the attached spreadsheet were
acquired with Agency funds set aside for low and moderate income housing; and
WHEREAS, parcel 5 ("Main Street Parking Lot") and parcel 6 ("Thomas Plaza") on the
attached spreadsheet are public improvements which the City is responsible to operate and
maintain; and
WHEREAS, the City will use the Housing Parcels to provide low and moderate income
housing; and
WHEREAS, the City will operate and maintain the Main Street Parking Lot and the Thomas
Plaza as public facilities and improvements with the same discretion as the City exercises in its
ownership and use of other City property used for similar purposes; and
WHEREAS, the City shall be responsible for conducting environmental review prior to its
approval of the use or disposal of the Transferred Property, and in any future disposition of said
property, the City shall strictly comply with the Community Redevelopment Law; and
WHEREAS, the Agency and City have entered a Project Funding Agreement to provide
certain public improvements that will benefit the Redevelopment Parcels.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ukiah as
follows:
Section 1. The Ukiah Redevelopment Agency hereby finds and determines that the Project
and the conveyance of the Transferred Property are of primary benefit to the Redevelopment Project
Area by helping to eliminate blight within the Redevelopment Project Area and that the conveyance
of the Transferred Property to the City is consistent with the Implementation Plan adopted by the
Agency pursuant to Section 33490 of the Community Redevelopment Law. These findings and
determinations are based on the following facts:
a) The major goals and objectives of the Redevelopment Plan include, among others,
the elimination of blighting influences and the correction of environmental deficiencies in the
Redevelopment Project Area, including, among others, inadequate or deteriorated public
improvements, facilities and utilities; the strengthening of retail and other commercial functions in
the Redevelopment Project Area; the strengthening of the economic base of the Redevelopment
Project Area and the community by the installation of needed site improvements to stimulate new
residential commercial and light industrial expansion, employment and social and economic
growth; and the replanning, redesign and development of portions of the Redevelopment Project
Area which are stagnant or improperly utilized. The Redevelopment Plan provides the Agency with
powers, duties and obligations for the redevelopment, rehabilitation and revitalization of the area
within the Redevelopment Project Area.
(b) As set forth in Section 33031 of the Community Redevelopment Law, conditions
that cause blight include, among others, substandard, defective or obsolete design or construction;
faulty or inadequate utilities, or other similar factors; depreciated or stagnant property values;
abnormally high business vacancies, low lease rates and abandoned buildings; and a high crime rate
that constitutes a serious threat to the public safety and welfare. Conveyance of the Transferred
Property is consistent with the types of projects and programs identified in the Redevelopment Plan
2
82661.00001\5861861.1
and the Implementation Plan that will stimulate and encourage further redevelopment and private
investment in the Redevelopment Project Area and increase the supply of low income housing.
Section 2. Pursuant to Section 33678 of the Community Redevelopment Law, the Ukiah
Redevelopment Agency further determines that conveyance of the Transferred Property to the City
are redevelopment activities as prescribed in Sections 33020 and 33021 of the Community
Redevelopment Law, and that said conveyance will primarily benefit the Redevelopment Project
Area.
Section 3. The Ukiah Redevelopment Agency hereby approves the conveyance of the
Transferred Property to the City and directs and authorizes the Executive Director of the Agency to
prepare, execute and deliver the necessary deeds or other conveyance documents to convey the
Transferred Property to the City. The Executive Director is further authorized and directed to take
all actions and execute such documents as may be necessary to carry out the conveyance of the
Transferred Property to the City.
DULY AND REGULARLY ADOPTED by the Redevelopment Atency of the City of Ukiah
this 2d day of March 2011.
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mari Rodin, Chairman
ATTEST:
Linda Brown, Agency
Secretary
82661.00001\5861861.1
Attachment #7
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING AN
AGREEMENT FOR THE CONVEYANCE OF AGENCY PROPERTY TO THE CITY OF
UKIAH AND MAKING CERTAIN FINDINGS THAT THE CONVEYANCE WILL BE USED
FOR REDEVELOPMENT PURPOSES IN CONFORMITY WITH THE REDEVELOPMENT
PLAN AND THE BENEFIT THE UKIAH REDEVELOPMENT PROJECT AREA
WHEREAS, pursuant to the Community Redevelopment Law of the State of California
(Health and Safety Code Section 33000 et seq.), the Redevelopment Agency of the City of Ukiah
("Agency") is carrying out the Redevelopment Plan for the Ukiah Redevelopment Project Area
("Redevelopment Project Area"); and
WHEREAS, in furtherance of the Redevelopment Plan, the Agency adopted a Five-Year
Implementation Plan, as required by Health and Safety Code Section 33490, covering the period
2007-2012 ("Implementation Plan); and
WHEREAS, in furtherance of its effort to eliminate economic and physical blight in the
project area, the Agency expended $3.3 Million to assemble acreage previously owned by multiple
owners and $700,000 to purchase an option on additional property in order to facilitate the
development of the Redwood Business Park; and
WHEREAS, the Agency has been involved in the preparation of and approved an Exclusive
Negotiating Agreement ("ENA") with Costco Wholesale Corporation at the Redwood Business
Park in an effort to assist in the elimination of economic and physical blight through focused and
intense efforts by encouraging new business investment, commercial tenancy and job creation in
this high vacancy commercial facility to enhance the community; and
WHEREAS, Section 33678 of the Community Redevelopment Law provides that the
portion of taxes allocated to the Agency pursuant to Section 33670(b) of the Community
Redevelopment Law (Tax Increments) will not be deemed the receipt or appropriation of proceeds
for the purposes of Article XIII.B. of the California Constitution so long as such Tax Increments are
used for redevelopment activity which primarily benefits the redevelopment project area; and
WHEREAS, in order to facilitate the implementation of the redevelopment plan and the
redevelopment of the project area, the Agency has determined to convey and the City has agreed to
accept certain parcels of Agency real property designated by Mendocino County Assessor Parcel
Numbers and location on the attached spreadsheet which is incorporated herein by reference. ("the
Transferred Property"); and
WHEREAS, parcels 12-28 on the attached spreadsheet ("Redevelopment Parcels") were
acquired for the purposes described above; and
WHEREAS, parcels 3-4 and 7-11 (the "Housing Parcels") on the attached spreadsheet were
acquired with Agency funds set aside for low and moderate income housing; and
WHEREAS, parcel 5 ("Main Street Parking Lot") and parcel 6 ("Thomas Plaza") on the
attached spreadsheet are public improvements which the City is responsible to operate and
maintain; and
WHEREAS, the City will use the Housing Parcels to provide low and moderate income
housing; and
WHEREAS, the City will operate and maintain the Main Street Parking Lot and the Thomas
Plaza as public facilities and improvements with the same discretion as the City exercises in its
ownership and use of other City property used for similar purposes; and
WHEREAS, the City shall be responsible for conducting environmental review prior to its
approval of the use or disposal of the Transferred Property, and in any future disposition of said
property, the City shall strictly comply with the Community Redevelopment Law; and
WHEREAS, the Agency and City have entered a Project Funding Agreement to provide
certain public improvements that will benefit the Redevelopment Parcels.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ukiah as
follows:
Section 1. The City Council hereby finds and determines that the Project and the
conveyance of the Transferred Property are of primary benefit to the Redevelopment Project Area
by helping to eliminate blight within the Redevelopment Project Area and that the conveyance of
the Transferred Property to the City is consistent with the Implementation Plan adopted by the
Agency pursuant to Section 33490 of the Community Redevelopment Law. These findings and
determinations are based on the following facts:
a) The major goals and objectives of the Redevelopment Plan include, among others,
the elimination of blighting influences and the correction of environmental deficiencies in the
Redevelopment Project Area, including, among others, inadequate or deteriorated public
improvements, facilities and utilities; the strengthening of retail and other commercial functions in
the Redevelopment Project Area; the strengthening of the economic base of the Redevelopment
Project Area and the community by the installation of needed site improvements to stimulate new
residential commercial and light industrial expansion, employment and social and economic
growth; and the replanning, redesign and development of portions of the Redevelopment Project
Area which are stagnant or improperly utilized. The Redevelopment Plan provides the Agency with
powers, duties and obligations for the redevelopment, rehabilitation and revitalization of the area
within the Redevelopment Project Area.
(b) As set forth in Section 33031 of the Community Redevelopment Law, conditions
that cause blight include, among others, substandard, defective or obsolete design or construction;
faulty or inadequate utilities, or other similar factors; depreciated or stagnant property values;
abnormally high business vacancies, low lease rates and abandoned buildings; and a high crime rate
that constitutes a serious threat to the public safety and welfare. Conveyance of the Transferred
Property is consistent with the types of projects and programs identified in the Redevelopment Plan
2
82661.00001 \5861861.1
and the Implementation Plan that will stimulate and encourage further redevelopment and private
investment in the Redevelopment Project Area and increase the supply of low income housing.
Section 2. Pursuant to Section 33678 of the Community Redevelopment Law, the City
Council further determines that conveyance of the Transferred Property to the City are
redevelopment activities as prescribed in Sections 33020 and 33021 of the Community
Redevelopment Law, and that said conveyance will primarily benefit the Redevelopment Project
Area.
Section 3. The City Council hereby approves the Agreement for the Purchase and Sale of
Real Property attached hereto and directs and authorizes the City Manager to execute the agreement
and to accept the conveyance and arrange for the recordation of the conveyance deeds. The City
Manager is further authorized and directed to take all actions and execute such documents as may
be necessary to carry out the conveyance of the Transferred Property to the City.
Section 4. The Transferred Property shall be used by the City to further the purposes of
redevelopment of the Project Area. Any future disposition of the Transferred Property shall comply
with the Community Redevelopment Law. Any funds produced from the disposition of the
Transferred Property shall be used to benefit the Project Area and the purposes of redevelopment.
cy Secretary. The City Manager is authorized and directed to execute the Funding Agreement on
behalf of the City, subject to any minor, clarifying or technical modifications approved by City
Attorney.
DULY AND REGULARLY ADOPTED by the City Council of the City of Ukiah this 2d
day of March 2011.
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
ATTEST:
Linda Brown, City Clerk
Mari Rodin, Mayor
82661.00001 \5861861.1
Ukiah Redevelopment Agency Properties Transferred Property List
APN
Address
Type
002-153-04
215 Norton
Housing
002-153-30
345 North Main Street
Housing
002-192-01
289 North Main Street
RDA
002-265-09
300 South State Street
RDA
002-281-15
Cleveland Lane
Housing
002-281-18
Cleveland Lane
Housing
002-281-24
517 South Main Street
Housing
002-281-28
Cleveland Lane
Housing
002-281-29
Cleveland Lane
Housing
180-080-57
Airport Park Blvd.
RDA
180-080-58
Airport Park Blvd.
RDA
180-080-59
Airport Park Blvd.
RDA
180-080-62
Airport Park Blvd.
RDA
180-080-63
Airport Park Blvd.
RDA
180-080-64
Airport Park Blvd.
RDA
180-080-65
Airport Park Blvd.
RDA
180-080-66
Airport Park Blvd.
RDA
180-080-67
Airport Park Blvd.
RDA
180-110-08
Airport Park Blvd.
RDA
180-110-09
Airport Park Blvd.
RDA
180-110-10
Airport Park Blvd.
RDA
180-110-11
Airport Park Blvd.
RDA
180-110-12
Airport Park Blvd.
RDA
180-110-13
Airport Park Blvd.
RDA
180-110-14
Airport Park Blvd.
RDA
180-110-15
Airport Park Blvd.
RDA
Attachment #8
Project
Student Joint Housing Project with CDC/College
Student Joint Housing Project with CDC/College
Parking Lot
Alex R. Thomas Plaza
Cleveland Lane Senior Housing Project; Purchase in Progress
Cleveland Lane Senior Housing Project
Cleveland Lane Senior Housing Project
Cleveland Lane Senior Housing Project
Cleveland Lane Senior Housing Project; Partial Purchase in Progress
Proposed Costco Property
Proposed Costco Property
Proposed Costco Property
Proposed Costco Property
Proposed Costco Property
Proposed Costco Property
Proposed Costco Property
Proposed Costco Property
Proposed Costco Property
Parcel 1; Partial Portion Proposed for Costco
Parcel 1; vacant
Parcel 1; Partial Portion Proposed for Costco
Vacant; across street from Costco site next to Mendocino Brewery
Vacant; South East of Mendocino Brewery; Partial Wetlands
Vacant; South East of Mendocino Brewery; Partial Wetlands
Vacant; Reserved for Southern Airport Park Blvd. road; near MBC
Vacant; Reserved for Southern Airport Park Blvd. road; near MBC
C. 'ty oJ' ?I aF~
ITEM NO.: Urgency Item 13g
MEETING DATE: 3/2/2011
AGENDA SUMMARY REPORT
SUBJECT: REQUEST BY UNITED STATES POSTAL SERVICE (USPS) FOR UKIAH CITY
COUNCIL TO SCHEDULE DISCUSSION OF RELOCATION OF POSTAL SERVICES
FOR GENERAL PUBLIC EXPRESSION OF OPINIONS AND CONSTRUCTIVE
COMMENTS AND POSSIBLE ACTION BY CITY COUNCIL TO RESPOND TO USPS
AND PROVIDE ADDITIONAL DIRECTION TO CITY STAFF
Background: On February 23, 2011, City Council members and other community members attended a
meeting to discuss the proposed closure of USPS facilities at 224 North Oak Street and transfer of all USPS
services to 671 South Orchard. At that meeting, the Mayor of Ukiah, Mari Rodin, was given a letter by
USPS that stated the intention to move the facilities, and requested that the Mayor assist with having the
project scheduled for the next available town meeting so that the "general public may express its opinions
and offer constructive comments on the project."
Discussion: Citizens and representatives of other agencies in the area also attended the meeting, and
have expressed concerns about the USPS's assessment of the 224 North Oak Street facilities. The Mayor
is under the impression from USPS the meeting requested must be held within 60 days of receipt of the
letter from USPS, according to the Community Regulations for U.S. Postal Service Facilities Projects.
The Mayor and City Manager have discussed the setting of a meeting time and date, and propose that the
meeting be held Thursday, April 21, at 6 p.m. at a location other than in the City Council Chambers, as that
site is already booked, or at a time agreed to by Mayor and City Manager in connection with availability of
the USPS representatives.
Fiscal Impact:
Budget Amendment Required
Budgeted FY 10/11 F-1 New Appropriation ❑X Not Applicable
I
Amount Budgeted
Source of Funds title and #
Account Number
Addit. Appropriation Re
$
$
Continued on Paqe 2
Recommended Action(s): Discuss the Request made by USPS for a public meeting and provide city
staff any additional direction necessary to accomplish holding of the meeting at a time and date
acceptable to the. USPS.
Alternative Council Option(s):
Determine not to hold a public meeting as requested by USPS
Citizens advised:
Requested by: Mayor Mari Rodin
Prepared by: Jane Chambers, City Manager
Coordinated with:
Attachments:
Approved:
,J n'e Chambers, City Manager