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HomeMy WebLinkAbout2012-04-04 PacketCITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 April 4, 2012 6:00 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Regular Meeting of 3/21/12 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. Authorize City Manager To Renew Lease Agreement For Office And Warehouse At 185 Mason For Park Operations Facility 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) a. Public Hearing Of The Ukiah City Council To Consider Adoption Of Rent Stabilization Fees For A 2012 Assessment To City Of Ukiah Mobilehome Parks (Continued from 3/21/12) 12. UNFINISHED BUSINESS a. Resolution Of The City Council Of The City Of Ukiah Determining That Honeywell International, Inc. Has Not Satisfied The Conditions On The City Council's Intent To Contract For Replacement Of Water Meters And Conference Center Equipment And Furnishings Refurbishment And Design b. Resolution Of The City Council Of The City Of Ukiah Adopting Provisions For Reimbursement Of Councilmembers For Purchase Of Electronic Equipment Necessary For Paperless Agenda Packet Review C. Authorize The City Manager To Negotiate And Execute A Professional Services Agreement With Weston Solutions, Inc. For Supplemental Site Investigation Of The Former Leslie Street Gas Plant Property In The Amount Of $23,430. 13. NEW BUSINESS a. Approve Budget Amendment And Award Professional Services Agreement To Selected Consultant For Construction Management And Inspection Services For Perkins And Orchard Intersection Improvements Specification No. 11-01 EDA Award No. 07 01 06042 b. Give Direction To City's Representative On Inland Water And Power Commission Regarding Coyote Dam Feasibility Study (oral report) 14. CITY OF UKIAH, AS SUCCESSOR AGENCY TO THE UKIAH REDEVELOPMENT AGENCY a. Consideration Of A Resolution Approving And Adopting A Proposed Administrative Budget Pursuant To Health And Safety Code Section 341770) 15. CLOSED SESSION - Closed Session may be held at any time during the meeting a. Conference with Legal Counsel -Existing Litigation (Subdivision (a) of Gov't Code Section 54956.9) Name of case: (Ukiah Valley Sanitation District v. City of Ukiah, dispute resolution under Participation Agreement) b. Conference with Real Property Negotiators (§54956.8) Property: APN 180-080-57, 58, 59, 62, 63, 64, 65, 66, 67, and 180-110-08, 09, 10 Negotiator: Jane Chambers, City Manager Negotiating Parties: City of Ukiah and Northwest Atlantic (Costco) Under Negotiation: Price & Terms C. Conference with Real Property Negotiators (54956.8) Property: APN 002-232-12, 13 and 002-282-18 and 19 APN 002-232-09, 10, 11 Negotiator: Jane Chambers, City Manager Negotiating Parties: City of Ukiah, North Coast Railroad Authority, Weston Solutions, Inc., and Administrative Office of the Courts Under Negotiation: Price & Terms d. Conference with Real Property Negotiators (§54956.8) Property: APN 001-090-01 (599 Park BI.-Golf Cart Shed Lease) Negotiator: Jane Chambers, City Manager Negotiating Parties: City of Ukiah and Ukiah Men's Golf Club Under Negotiation: Price & Terms 16. ADJOURNMENT Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business hours, Monday through Thursday, 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 29th day of March, 2012. JoAnne Currie, City Clerk Item 5a CITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 3/21/2012 1. ROLL CALL Ukiah City Council met at a Regular Meeting on March 21, 2012, the notice for which being legally noticed on March 15, 2012. Mayor Landis called the meeting to order at 6:08 pm. Roll was taken with the following Councilmembers present: Thomas, Rodin, Baldwin, Vice Mayor Crane, and Mayor Landis. Councilmembers absent: None. Staff Present: City Manager Chambers, Assistant City Manager Sangiacomo, City Attorney Rapport, City Clerk Currie, Officer Murray and Thor, Officer Long and Rush, Officer Morse and Bugsey, Officer Marsalon and Daisy, Program Analyst Reidy, Finance Director Elton, Director of Planning and Community Development Stump, Building Official Willoughby, and IT Supervisor Butler. 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS 4. PETITIONS AND COMMUNICATIONS a. Police Dog Introductions: Officer Murray And His Dog "Thor," Officer Long And His Dog "Rush," And Officer Morse And His Dog "Bugsey." Director of Public Safety Dewey introduced the officers and canine officers including Officer Marsolan and Daisy. 5. APPROVAL OF MINUTES a. Special Meeting of 2/29/12 b. Regular Meeting of 3/7/12 M/S Crane/Baldwin to Approve the Special Meeting of 2/29/12 and Regular Meeting of 3/7/12 as submitted. Motion carried by the following roll call votes: AYES: Thomas, Rodin, Baldwin, Vice Mayor Crane, and Mayor Landis. NOES: None. ABSENT: None. ABSTAIN: None. 6. RIGHT TO APPEAL DECISION 11. PUBLIC HEARINGS (6:15 PM) a. Public Hearing Of The Ukiah Stabilization Fees For A 2012 Parks City Council To Consider Adoption Of Rent Assessment To City Of Ukiah Mobilehome Page 1 of 7 3/21/2012 City Manager Chambers presented the item. Recommended Action(s): 1) conduct a Public Hearing and 2) adopt the proposed Resolution and Fee Schedule. Public Hearing Opened 6:35 pm Robert Jones, Manor Oaks, understands that next year's fees will only consist of arbitration and actual costs, supports an annual review of fees, supports maintaining some dollars in the arbitration fund, and expects a report of actual costs. Jones does not know what the base arbitration fund balance should be. JR Rose thinks the ordinance is fair, is self-sustaining, and working. Supports an arbitration fund balance. City Attorney Rapport made a correction to the record, there are fewer spaces paying in that originally thought, 282 spaces exist, so the fee will generate approximately $18,000. Bart Clark, Manor Oaks, supports an arbitration fund balance, which cannot be dipped into for any other reason. Thinks the arbitration fee should be paid by the park owner because the reason for the ordinance is due to park owner actions. The fee is a drop in bucket for owners but not so for resident. Jessie Martin, Manor Oaks, supports the fee, 15 to 20 thousand dollars might be reasonable for a fund balance; residents are holding a general meeting in the park next week and this issue will be addressed. Martin asked how common arbitration is in other areas. Thanked City Council for what they have done and supports continuing the Public Hearing. Public Hearing Closed 6:47 pm Public Hearing is Continued to April 4, 2012. By Consensus, City Council supported approximately $20,000 as an acceptable amount for an arbitration fund balance and fees will be reviewed annually. b. Conduct A Public Hearing To Consider And Approve A Resolution Authorizing The< Submittal And Execution Of A 2012 State Community Development Block Grant Application; Approve City's Revised Housing Rehabilitation Guidelines For CDBG; And Approval Of Corresponding Budget Amendments If Awarded The Grant Assistant City Manager Sangiacomo presented the item. Recommended Action(s): 1) Conduct a Public Hearing for approval of application submittal to the State Department of Housing and Community Development; 2) Approve a resolution authorizing the submittal of a 2012 State Community Development Block Grant Application and the City Manager to execute all related documents; 3) Approved City's Revised Housing Rehabilitation Guidelines for CDBG; and 4) Approve the corresponding budget amendments if the Grant is awarded. An updated Resolution was provided to City Council, the general administration portion of the grant (7.5%) has been reduced to 5% for the allowable amount. This also changes the budget amendments if the grant is awarded. Page 2 of 7 3/21/2012 M/S Crane/Thomas to approve Recommended Actions 1 to 4 Public Hearing Opened 6:56 pm Public Hearing Closed 6:56 pm Motion carried by the following roll call votes: AYES: Thomas, Rodin, Baldwin, Vice Mayor Crane, and Mayor Landis. NOES: None. ABSENT: None. ABSTAIN: None. 7. CONSENT CALENDAR a. Report Of Disbursements For Month Of February 2012 b. Approval Of Revised Job Description & Authorization To Re-Classify Salary Range Of Wastewater Treatment Plant "Environmental Laboratory Technician" C. Adoption Of Resolution Approving An Application For Proposition 1c Housing- Related Parks Program Grant. M/S Crane/Rodin to Approve Items 7a-7c. Motion carried by the following roll call votes: AYES: Thomas, Rodin, Baldwin, Vice Mayor Crane, and Mayor Landis. NOES: None. ABSENT: None. ABSTAIN: None. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Robert Jones supports detachment from the Ukiah Valley Sanitation District (UVSD) and requests the item be agendized. Their residents have been overcharged by the UVSD. They will be speaking to LAFCO and UVSD, City Council supports agendizing the topic. JR Rose spoke regarding the sewer rates being calculated in January. This January little rain might cause the rates to, be higher. Asked if rates can be calculated differently. 12. UNFINISHED BUSINESS C. Review And Discuss The Palace Hotel Owners Plan To Abate Nuisance Conditions And Consider Adopting The Resolution Ordering The Repair Or Removal Of The Dilapidated Palace Hotel Structure Located At 272 North State Street Director of Planning and Community Development Stump and Building Official Willoughby presented the item. Recommended Action(s): 1) Review and discuss the owners Plan for abating the public nuisances; 2) Hear from the public and consider any objections or protests to adopting the Resolution; and 3) Adopt the Resolution ordering the Department of Public Works to abate the nuisance after a period of thirty (30) days by having the unsafe and dilapidated building repaired or removed. Public Comment Opened 7:20 pm Mike Petersen, resident, stated he had written some editorials on what can be done with hotel, does not support demolition, and thinks the building would benefit downtown if rehabilitated. He asked if the state declared the Palace as a historical building? Petersen supports the owner in rehabilitating the building. Page 3 of 7 3/21/2012 Staff responded that the building is on the National Registry of Historical Landmarks. Eladia Laines, owner of the Palace Hotel, introduced Norman Hudson a local contractor with experience renovating historical buildings, thanked City Council for continuing the item from the last meeting, and stated they will be getting a permit Monday to start repairs. She addressed each item out of compliance, stated a seismic evaluation is underway, and the building is secure. Laines has a goal to get the building to warm shell, is concerned about funding, and asks Council not to take action because it will put a cloud over the title and further reduce funding opportunities. Norman Hudson discussed the condition of the building and will be concentrating on safety issues. Terry McGillivray, structural engineer, supports a delay for a short time to allow owner to present signed contracts, specific deliverables to demonstrate movement forward. Delay because there are no good choices. Charley Ruell stated the owner needs time to clean and dry the building and prepare plans. Ruell does not support the City asking an owner where his or her financing comes from, thinks it will be $7 million to rehabilitate the building, and supports this project. Howe Hawkes has been meeting with Friends of the Palace for a long time and supports passing the resolution. Judy Pruden does not support passing the resolution as not to cloud the title so the owner can obtain funding. Eladia Laines stated Norman Hudson can meet with an ad hoc committee to discuss weigh points. Susan Knopf supports holding the owner accountable, monthly check-ins, and owner to provide clarification of title and financing. Baldwin made a motion to approve the Resolution ordering the Department of Public Works to abate the nuisance after a period of 120 days. Motion Failed. Baldwin made a motion to approve the Resolution ordering the Department of Public Works to abate the nuisance after a period of 6 months, two person ad hoc committee meet monthly with the owner. Motion Failed. Greg Foss supports continuation of the item and is concerned the City may incur liability if it owns the building. John McCowen supports adoption of the Resolution with amendments to address City Council's objectives. Public Comment Closed 8:20 pm Page 4 of 7 3/21/2012 M/S Crane/Landis to approve continuation of the item to April 18, 2012; within two weeks an ad hoc committee consisting of the Mayor and Vice Mayor will meet with ownership; and at that time owner has the obligation to make clear what title is and provide a clear understanding of weigh points for stabilization of roof and removal of debris they say they are already undertaking. The owner indicated she agrees to these terms. Motion carried by the following roll call votes: AYES: Thomas, Rodin, Baldwin, Vice Mayor Crane, and Mayor Landis. NOES: None. ABSENT: None. ABSTAIN: None. Recessed 9:25 pm Reconvened 9:42 pm a. Priority Driven Budget Process And Budget Calendar Discussion For FY 2012/13 City Of Ukiah Budget. Adoption Of Budget Principles And Budget Calendar City Manager Chambers and Finance birector Elton presented the item. Recommended Action(s): Receive the City Manager's presentation. Adoption of the suggested principles and calendar dates for the FY 12/13 City of Ukiah Budget process. Councilmember Rodin and Mayor Landis to work on adding wording to the guiding principles to ensure inclusion of annexation. By Consensus, City Council, adopted the principles. Budget calendar changes include adding June 19, 6 pm to 9 pm, June 20, 1 pm to 5 pm (prior to regular council meeting), June 26, 1 pm to 4 pm for any remaining items, and cancel June 27. b. Approve An Amendment To The Fiscal Year 2011/2012 Revenue, Transfers, And Expense Budgets In The Amounts, Of One Million Nine Hundred Seventy Thousand Seven Hundred Fifty-Two Dollars, One Hundred Twenty-Three Thousand Two Hundred Nineteen Dollars, And Two Million Five Hundred Sixty-Three Thousand Fifty-Nine Dollars And Fifty-Five Cents Respectively City Manager Chambers and Gordon Elton presented the item. Assistant City Manager Sangiacomo,was available to answer questions and Program Analyst Reily addressed Council regarding the TOT program. M/S Rodin/Landis to approve Recommended Action. Motion carried by the following roll call votes: AYES: Thomas, Rodin, Baldwin, Vice Mayor Crane, and Mayor Landis. NOES: None. ABSENT: None. ABSTAIN: None. d. Adoption of Open Market Purchase Ordinance (4/1) City Manager Chambers presented the item. Recommended Action: Adopt ordinance. Page 5 of 7 3/21/2012 M/S Thomas/Crane to approve Recommended Action. Motion carried by the following roll call votes: AYES: Thomas, Rodin, Baldwin, Vice Mayor Crane, and Mayor Landis. NOES: None. ABSENT: None. ABSTAIN: None. 13. NEW BUSINESS a. Discussion Of Technology Based Tools And Consideration Of A Resolution Of The City Council Of The City Of Ukiah Establishing A Policy Governing The Use Of Electronic Devices By City Legislative Bodies Subject To The Brown Act During Public Meetings. City Manager Chambers, IT Supervisor Butler, and Assistant City Manager Sangiacomo presented the item. Recommended Action(s): 1) Receive report on technology based tools and 2) Approve a Resolution of the City Council of the City of Ukiah establishing a policy governing the use of electronic devices by City Legislative Bodies subject to the Brown Act during public meetings. Councilmember Baldwin left the meeting at 10:30 pm M/S Crane/Thomas to approve adoption of the Resolution. Motion carried by the following roll call votes: AYES: Thomas, Rodin, Vice Mayor Crane, and Mayor Landis. NOES: None. ABSENT: Baldwin. ABSTAIN: None. 14. CITY OF UKIAH AS SUCCESSOR AGENCY TO THE UKIAH REDEVELOPMENT AGENCY 10. CITY MANAGER/CITY CLERK REPORTS City Manager Chambers suggested two meeting dates for the Successor Agency Oversight Board (April 3 and April 11) as there are some deadlines that need to be met. 9. COUNCIL REPORTS Councilmember Thomas on behalf of the Poet Laureate Committee, it is requested that City Councilmembers share a poem at an upcoming council meeting. Requests the Coyote Dam Feasibility Study be agendized to commit or not commit the City. Thomas also read his daily horoscope. Adjourned to closed session at 11:05 pm. 15. CLOSED SESSION - Closed Session may be held at any time during the meeting a. Conference` with Legal Counsel -Existing Litigation (Subdivision (a) of Gov't Code Section 54956.9) Name of case: (Ukiah Valley Sanitation District v. City of Ukiah, dispute resolution under Participation Agreement) b. Conference with Real Property Negotiators (§54956.8) Property: APN 180-080-57, 58, 59, 62, 63, 64, 65, 66, 67, and 180-110-08, 09, 10 Negotiator: Jane Chambers, City Manager Negotiating Parties: City of Ukiah and Northwest Atlantic (Costco) Under Negotiation: Price & Terms C. Conference with Real Property Negotiators (54956.8) Property: APN 002-232-12, 13 and 002-282-18 and 19 APN 002-232-09, 10, 11 Negotiator: Jane Chambers, City Manager Page 6 of 7 3/21/2012 Negotiating Parties: City of Ukiah, North Coast Railroad Authority, Weston Solutions, Inc., and Administrative Office of the Courts Under Negotiation: Price & Terms Reconvened in Open Session at 11:30 pm with no reportable action. 16. ADJOURNMENT There being no further business, the meeting adjourned at 11:30 pm JoAnne M. Currie, City Clerk Page 7 of 7 3/21/2012 ITEM NO.: MEETING DATE: c_-xry zak~fz AGENDA SUMMARY REPORT 7a April 4, 2012 SUBJECT: AUTHORIZE CITY MANAGER TO RENEW LEASE AGREEMENT FOR OFFICE AND WAREHOUSE AT 185 MASON FOR PARK OPERATIONS FACILITY Background: For the past two years the City has leased a small office and warehouse located at 185 Mason for the Parks Division operations. The building is owned by John Chan and includes a space for staff meetings, a restroom, a small office and a warehouse bay that is approximately 1,500 square feet. There is also a small fenced yard space which is secured and has limited parking for service trucks. This location provides the minimum amenities needed for a reasonable price. In December of 2009 the Parks Division moved from their previous office portable building due to leaks in the roof and a tree which was a hazard over the building. Discussion: In May 2010, the Council authorized the City Manager to negotiate and execute an agreement for the leased premises at 185 Mason. The terms of that lease included a one year term with a one-year renewal. However, staff needs authorization from Council to execute additional renewals. In preparing the lease renewal addendum (Attachment #1) staff included exit language that provides the City with the right to cancel the lease agreement with 90 days notice. With the exit language in place the City will have greater flexibility and can be responsive to the Council direction during budget discussions and so forth. The lease payment is budgeted in the park operations budget fund # 100.6001. Summary: Staff feels that this location is the most suitable and cost-effective option for a park maintenance facility at this time. The property is central in Ukiah, will continue to provide the adequate facilities needed to increase the efficiency of the Parks Division. Moreover, the City has modified the space with phone lines, computer access and security systems, and relocating would require staff time and resources. Staff is asking Council to authorize the City Manager to negotiate a lease agreement with a monthly rent not to exceed $1,300 per month and to continue to negotiate and execute any further extensions to this lease for up to five years. Fiscal Impact: Budgeted FY 12/13F] New Appropriation Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and Account Number Addit. Appropriation Requested $15,600 Parks Div. Rental of Bldgs 100.6001.330.001 N/A Recommended Action(s): Authorize City Manger to renew the lease agreement for the rental of an office and warehouse space at 185 Mason, and appropriate renewals up to five years. Alternative Council Option(s): Remand to staff with direction. Citizens advised: Requested by: Prepared by: Maya Simerson, Community Services Supervisor Coordinated with: Jane Chambers, City Manager, Sage Sangiacomo, Assistant City Manager Attachments: 1. Draft Lease Addendum Approved: Jar}e/Chambers, City Manager ATTACHMENT LEASE ADDENDUM The lease ("the Lease") dated June 25, 2010, between John Chan ("Lessor"), with his principal place of business located at PO Box 154, Ukiah, California 95482, and the City of Ukiah ("Lessee") with its principal place of business located at 300 Seminary Ave., CA. 95482 ("Lease"), effective , 2012, is amended as follows. 2. Term. The term of the Lease is extended for a period of one year, beginning on June 1, 2012, and ending on May 31, 2013 ("the Extended Term"), provided, however, that during the Extended Term either Lessor or Lessee may terminate the Lease by giving the other party written notice of termination not less than ninety (90) days before the termination date specified in the notice. 4. Rent. The Rent for the Extended Term shall be $ 1,300 per month, due and payable on the first Friday of every month, and considered delinquent, if not received by Lessor by the 10th day of the month. This is the first addendum to the Lease. All other terms of the Lease, except for paragraphs 2 and 4, as revised above, remain unchanged and in full force and effect. LESSOR By: Name: Its: LESSEE By: Name: Its: Page 1 t uartlc/pati~g jg the O~ei/i9bt fog 26 X02 , ~I ITEM NO.: MEETING DATE: City aJ" tZ-1k7:afz AGENDA SUMMARY REPORT 11a April 4, 2012 SUBJECT: PUBLIC HEARING OF THE UKIAH CITY COUNCIL TO CONSIDER ADOPTION OF RENT STABILIZATION FEES FOR A 2012 ASSESSMENT TO CITY OF UKIAH MOBILHOME PARKS (Continued from 3/21/12) Background: At its Regular meeting of February 15, 2012 the City Council reviewed the Mobilehome Park Rent Stabilization Ordinance to consider possible ordinance repeal, or amendment, and discussed and scheduled a Public Hearing to consider adopting administration fees as provided for in the Ordinance. A copy of that staff report is included for reference. A public hearing was then held on March 21, 2012 to consider adoption of Rent Stabilization fees, and continued to April 4, 2012 for further discussion. Discussion: Attached is a proposed, slightly revised, Resolution for Adoption by City Council establishing Mobilehome Rent Stabilization program administration fees for 2012. The proposed revision to the Resolution alters the fee review frequency by Council to annually. The proposed fee adoption was noticed in the Ukiah Daily Journal on March 8, 2012, in accordance with the 10-day notice requirement. During the review period, correspondence has taken place with park tenants, park representatives, and/or the park owners of all six parks. It is recommended that the City Council conduct the public hearing and adopt the proposed administration fees as indicated in the Resolution, Attachment 1. Fiscal Impact: ❑ Budgeted FY 11/12 ❑ New Appropriation ❑X Not Applicable ❑ Budget Amendment Required Recommended Action(s): 1) Conduct Public Hearing 2) Adopt the Proposed Resolution and Fee Schedule Alternative Council Option(s): Conduct Public Hearing and 1) Amend and the Resolution and Adopt same, or 2) Do not Adopt a fee schedule. Citizens advised: Requested by: City Council Prepared by: Linda Brown, Clerk, Mobilehome Rent Stabilization Program Coordinated with: City Manager Jane Chambers, and City Attorney David Rapport Attachments: 1) Resolution and Exhibits. and 2) Staff Resort from Februarv 15. 2012 Approved: Jape Chambers, City Manager ATTACHMENT 1 RESOLUTION NO. 2012- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING RENT STABILIZATION FEES FOR A 2012 ASSESSMENT TO CITY OF UKIAH MOBILEHOME PARKS WHEREAS: 1. Ukiah City Code ("UCC") Section 2715, provides that "all or any portion of the costs to administer this chapter [Division 2, Chapter 8 of the UCC ("Chapter 8")] may be collected by the imposition of an annual rent stabilization administration fee established by resolution of the City Council"; and 2. Costs to administer the program were in excess of $9,500 from December 2010 through January 13, 2012 (see attached Exhibit A), not including costs to establish a list of qualified arbitrators pursuant to UCC Section 2711.A.1.a; and 3. Additional costs were incurred by Accounting Department staff, and by Management Staff; and 4. With the elimination of redevelopment agencies by the State of California, all of the cost to administer Chapter 8 is borne by the City's General Fund; and 5. Under UCC Section 2708.C, the cost of arbitrations must be paid from the administration fee. $18,336 represents a reasonable estimate for the annual cost to administer Chapter 8, including potential arbitrations, and the above-referenced cost; and 6. There are 382 mobilehome park spaces subject to rent control in the City of Ukiah, making the per space annual fee $48 ($18,336/382); and 7. Under UCC Section 2715, the owner who pays these fees may pass through to the tenant of the space 50 percent of the fees assessed for the space, and 8. Under UCC 2715, the resolution establishing the fee must specify the date by which the fee is due, but the fee may be paid by the park owners in quarterly installments; 9. There are six City of Ukiah mobilehome parks that are subject to the Rent Stabilization Ordinance, including Circle Trailer Court (60 units), Manor Home Mobile Estates (137 units), Shady Grove Mobile Home Park (4 units subject to rent control), Modern Mobile Home Park (26 units), Harold's Square Mobile Home Park (59 units), and Rancho Del Ray Mobile Home Park (96 units); NOW, THEREFORE, BE IT RESOLVED that: 1. The City Council of the City of Ukiah approves an annual administration fee in the amount of $48.00/mobilehome park space subject to rent control to be paid by the City's six mobilehome parks. 2. The fee is due on April 30 of each year, commencing on April 30, 2012, but may be paid in quarterly installments on April 30, July 30, October 30, and January 30. 3. The City Council shall review the administration costs, including the cost of any arbitrations, on an annual basis, during budget preparation as part of the annual fee review in May and June, commencing May 2013, and make any adjustments so that the fee does not exceed the cost to administer Chapter 8. PASSED AND ADOPTED at a regular meeting of the City Council held on April 4, 2012, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: JoAnne Currie, City Clerk Mary Anne Landis, Mayor 2 EXHIBIT A H A,' is is w •x ~ w5 00 U ~ x H rH •K # VJ ',N U x fit ~ + a< 1 -x i< UJ ai is is H O 00 •k i< a ri o In x 41 q a a 41 .13 C •7 C l * ~ H G ~ i z •ri 0 ` w a 4 41 x x a i H a x a k0 o + ,S"4 4.4.4 44.E P4 JJ 4-)V4JV 4J 4J d- a) a< ~ U 04 41 ~4 O a i x i x 10 41 ri N •x-x-x ~i<~ O5+ x 4 W W V 14 N %HHHHk 0u •n •k + a' W N •rl ° ° ' w s a - ra -u w a K % W 0 H •K •k -k t i~ •K S..' N w ai -4 aJ Uri •K r-I 4.) 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Rapport Invoices-Mobile Home Rent Issues (predate) Invoice Direct Comingled Date Charges Charges * Total 08/31/10 40.00 115.20 155.20 09/30/10 1,883.20 977.60 2,860.80 10/31/10 643.20 140.80 784.00 11/30/10 12.80 46.40 59.20 12/31/10 248.00 0.00 248.00 01/31/11 449.60 0.00 449.60 02/28/11 27.20 0.00 27.20 04/30/11 137.60 0.00 137.70 3,441.60 1,280.00 4,721.60 * these charges were lumped together without incremental specificity, although they included time spent on the mobilehome park rent stabilization effort in addition to other projects Ci ly of 'Zikiafi ATTACHMENT 2 ITEM NO.. 12a MEETING DATE: AGENDA SUMMARY REPORT February 15, 2012 SUBJECT: MANDATORY REVIEW BY CITY COUNCIL OF ORDINANCE 1126 "MOBILEHOME RENT STABILIZATION," CONSIDERATION OF ITS REPEAL OR ANY AMENDMENTS TO THE ORDINANCE, AND DISCUSS RECOUPMENT OF COSTS THROUGH A POSSIBLE RENT STABILIZATION ADMINISTRATION FEE AS PROVIDED FOR IN THE ORDINANCE Background: Ordinance 1126, added a new Chapter 8, entitled: "Mobilehome Rent Stabilization," to Division 1 of the Ukiah City Code. It was adopted on October 20, 2010 and then readopted on January 5, 2011 due to possible confusion created by the Ukiah Daily Journal's original publication of the adopted ordinance in which they chose to split the large publication in two parts, and the subsequent objection entered by one of the mobilehome park owners. The Ordinance then became effective 30 days later on February 4, 2011. Discussion: Section Two, 4., provides for a Mandatory Review, and states "The City Council shall review this ordinance at the next regular City Council meeting occurring after the first anniversary of the Effective Date of this ordinance. The review shall consider whether the ordinance should be amended or repealed based on the City's experience of the implementation of the ordinance over that one year period." The next regular Council meeting occurring after the first anniversary of the effective date is February 15, 2012. (See Attachment 1, page 19). Further, Section 2716, Amendment, provides that "Any amendment to this chapter shall require a prior public hearing before the City Council with notice thereof published in a newspaper of general circulation in the City at least 10 days prior to the hearing." Therefore, should the Council wish to amend the Ordinance, it will need to be publicly noticed and brought back for discussion and action (page 18). Continued on Paae 2 Recommended Action(s): 1) Review the Ordinance and consider whether it should be continued and possibly amended based on City's experience of the implementation over the last year; 2) Schedule Public Hearing to hear any proposed amendments; 3) Review City costs incurred from Mobilehome Park Rent Stabilization efforts, consider imposition of annual administration fee by Resolution, and schedule a Public Hearing to consider fee adoption Alternative Council Option(s): Repeal the Ordinance Citizens advised: Requested by: Prepared by: Linda Brown, Clerk, Mobilehome Rent Stabilization Program Coordinated with: Jane Chambers, City Manager, and David Rapport, City Attorney Attachments: 1) Ordinance 1126 2) Resolution for Administration Fees with Exhibit A Costs Approved: Jane Chambers, City Manager Finally, Ordinance Section 2715, Rent Stabilization Administration Fees, provides that "all or any portion of the costs to administer this chapter may be collected by the imposition of an annual rent stabilization administration fee established by resolution of the City Council determined on a date certain each year to be established by the City Council the owner who pays these fees may pass through to the mobilehome owners 50 percent of the fees assessed shall be due on a date established by the City Council but may be paid in quarterly installments (page 18). The City is required to publish a notice in the newspaper 10 days prior to the City Council conducting a Public Hearing on the proposed fee (Gov. Code Sec. 66018). See Attachment 2, draft Resolution with Exhibit A, for a summary of labor costs of the Mobilehome Rent Stabilization Clerk and the City Attorney from December 2010 through January 27, 2012 in the amount of $6,012.16. Additionally, there were costs incurred by the City Attorney in excess of $3,441.60 which accrued prior to establishment of the Mobilehome Park account tracking number designated by the Accounting Department. Together the costs exceed $9,453.96. Not included in this assessment is additional time spent by the City Manager, Finance Director, and accounting personnel including but not limited to the Purchasing Supervisor. Synopsis of Activity for the First Year: • A letter of general information was addressed to mobilehome park owners giving the City contact name, ordinance copy, procedure and forms, and mailed on February 1, 2011. • An RFP was prepared and sent to a list of 36 prospective area Arbitrators on July 26, 2011. One professional services contract has been executed, and two more are in progress. • We have worked with the park owners and tenants of Harold's Square Mobilehome Park on a CPI and capital improvement pass-through, noticed on June 29; this was disputed by petition of the tenants, and then resolved between the parties on October 5 without arbitration. Senior Law Project represented the tenants, and the Park owner's attorney represented him. • We worked with the park owners and the tenants of Rancho Del Rey Mobilehome Park beginning on December 12, 2011 on a rent freeze petition of the park tenants, on the basis of maintenance issues. Sale of the park and positive communications between the new owners and the tenants have suspended the rent freeze action, pending satisfactory park maintenance results delivered by the new owners, as of the most recent correspondence received on January 18, 2012. • We have received telephone communication from Manor Oaks Mobilehome Park on January 17, 2012 regarding the acceptable CPI rent increase for a potential February 1 noticing, and May 1 effective date. Fiscal Impact: ❑ Budgeted FY 11/12 ❑ New Appropriation F_x] Not Applicable Budget Amendment Required ['.'its of- 'kiafi ITEM NO.: 12a MEETING DATE: April 4, 2012 AGENDA SUMMARY REPORT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH DETERMINING THAT HONEYWELL INTERNATIONAL, INC. HAS NOT SATISFIED THE CONDITIONS ON THE CITY COUNCIL'S INTENT TO CONTRACT FOR REPLACEMENT OF WATER METERS AND CONFERENCE CENTER EQUIPMENT AND FURNISHINGS REFURBISHMENT AND DESIGN Background: In June, 2011, the City of Ukiah signed two Letters of Intent ( LOI) with Honeywell International Inc, in accordance with action taken by the City Council. One LOI covered three potential projects that would be considered together, and one covered a proposed project for the Ukiah Municipal Golf Course. A copy of the LOI is Attachment #1 of the Resolution. 1. Comprehensive replacement of water meters with Advanced Meter Reading technology and leak detection equipment 2. Comprehensive Conference Center Equipment and Furnishings Refurbishment and Design including implementation of energy saving retrofits to include HVAC, Controls, Lighting, and Life Safety. 3. Biogas Cogeneration system for Ukiah Waste Water Treatment Plant. Honeywell had previously made a public presentation of its intent not to continue with further consideration of item #3 above, the biogas cogeneration system, due to a lack of acceptable payback. At the Council meeting of March 7, 2012, representatives from Honeywell presented their proposal for projects 1 and 2 above. After consideration, the City Council directed staff to return with a resolution stating reasons why the conditions outlined in the LOI have not been met. Discussion: Continued on page 2 Recommended Action(s): Approve Resolution Of The City Council Of The City Of Ukiah Determining That Honeywell International, Inc. Has Not Satisfied The Conditions On The City Council's Intent To Contract For Replacement Of Water Meters And Conference Center Equipment And Furnishings Refurbishment And Design Alternative Council Option(s): Determine alternate course of action and provide instructions to city staff Citizens advised: Requested by: Prepared by: Jane Chambers, City Manager Coordinated with: David Rapport, City Attorney Attachments: 1) Resolution Approved: J rif hambers, City Manager Discussion: Under the LOI, the specific issues the City Council should address are: 1. Whether the City Council finds that the water meter and conference center projects and the proposed financing are acceptable to the community; 2. Whether Honeywell has provided the City in writing all of the information and data developed or considered by Honeywell in determining whether the project is feasible and meets the intent of this letter of intent, including reasonable detail (30% design) for all components of the contract, and program cash flows and the opportunity cost of maintaining the status quo; 3. Whether the contract proposed by Honeywell meets the following criteria: a. Proposed project savings and additional revenue projections allow the project to be paid for in not more than 13 years out of savings in energy, operational costs and new revenue generation. b. The proposed project costs do not increase the total energy and operational expenditures for the facilities above the level spent in 2010 beyond the adjustment for CPI. c. Whether Honeywell financially guarantees the proposed annual energy savings under terms mutually negotiated with the City and the City can use the energy savings to pay the debt instrument. d. Whether Honeywell has arranged financing for the Projects on terms mutually negotiated with the City. e. Whether the proposed contract documents provides for capital improvements which are paid for through energy savings, operational savings and/or additional revenue generation. f. Whether the contract documents provide a detailed scope of work and document energy savings guarantees. Fiscal Impact: Budgeted FY 11/12 F New Appropriation ❑X Not Applicable Budget Amendment Required Amount Budgeted Source of Funds title and Account Number Addit. Appropriation Requested $ $ RESOLUTION NO. 2012- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH DETERMINING THAT HONEYWELL INTERNATIONAL, INC. HAS NOT SATISFIED THE CONDITIONS ON THE CITY COUNCIL'S INTENT TO CONTRACT FOR REPLACEMENT OF WATER METERS AND CONFERENCE CENTER EQUIPMENT AND FURNISHINGS REFURBISHMENT AND DESIGN WHEREAS: 1. On June 15, 2011, the City Council authorized the City Manager to sign a letter of intent ("LOI") addressed to Robert Falco, an Energy Services Account Executive with Honeywell International, Inc. ("Honeywell"), a true and correct copy of which is attached hereto as Attachment 1; and 2. In the LOI, the City Manager confirmed that the City intended to proceed toward finalizing a contract with Honeywell for three projects: (1) a comprehensive replacement of water meters used by the City's water department with water meters using Advanced Meter Reading technology and leak detection equipment; (2) design and installation improvements to the HVAC, lighting and life safety equipment at the City's conference center, the design and installation of a commercial kitchen at the conference center and replacement of conference center chairs; and (3) the design and installation of a biogas cogeneration system for the City's Wastewater Treatment Plant; and 3. The LOI stated that the contract with Honeywell must provide a turn-key program for design, implementation and financing of the projects, utilizing 3rd party financing; and 4. The LOI specified that for a period of 180 days, commencing on June 15, 2011, and ending on December 12, 2011, Honeywell was to undertake certain activities, including an investment grade assessment of these projects and the creation of contract documents, and the City agreed to negotiate exclusively with Honeywell; and 5. Under the LOI, the City's intent to enter a contract with Honeywell was subject to all of the following conditions: a. The City Council finds that the water meter and conference center projects and the proposed financing are acceptable to the community; b. Honeywell has provided the City in writing all of the information and data developed or considered by Honeywell in determining whether the project is feasible and meets the LOI's intent, including reasonable detail (30% design) for all components of the contract, and program cash flows and the opportunity cost of maintaining the status quo; c. The contract proposed by Honeywell meets the following criteria: (1) Proposed project savings and additional revenue projections allow the project to be paid for in not more than 13 years out of savings in energy, operational costs and new revenue generation. (2) The proposed project costs do.not increase the total energy and operational expenditures for the facilities above the level spent in 2010 beyond the adjustment for CPI. (3) Honeywell financially guarantees the proposed annual energy savings under terms mutually negotiated with the City and the City can use the energy savings to pay the debt instrument. (4) Honeywell has arranged financing for the Projects on terms mutually negotiated with the City (5) The proposed contract documents provide for capital improvements which are paid for through energy savings, operational savings and/or additional revenue generation. (6) The contract documents provide a detailed scope of work and document energy savings guarantees by Honeywell; and 6. If all of the conditions as stated above in paragraph 5 were satisfied and the City Council decided, nevertheless, not to contract with Honeywell for a final project, the City agreed to pay Honeywell a fee of $85,000 (the "break fee") to reimburse it for the expenses of performing in accordance with the LOI; and 7. Honeywell determined that the biogas cogeneration project at the Wastewater Treatment Plant would not produce sufficient revenue or energy savings to pay for the cost of the project over a 13 year period; and 8. As stated in more detail below, Honeywell reported to the City that it determined that water meter replacement project and the Conference Center project would produce sufficient increased revenue and cost savings to pay for the costs of those projects over a 13 year period; and 9. Honeywell reported a total cost for the water meter project of $2,650,000, consisting of $1,907,260 in labor and materials, $529,230 to Honeywell for project development, project management, overhead and profit, and $213,500 for bonds and contingency; and 10. For different time periods between June 30, 2013, and December 30, 2025, Honeywell projected different amounts of "positive cash flow" to the City's water and sewer departments, meaning increased annual revenue and reduced operation and maintenance costs from the use of more accurate meters minus the annual debt service on the loan to pay the project cost and the cost of Honeywell's guarantee of the accuracy of the new water meters: a. through December 30, 2015, the annual positive cash flow was projected at $6,000 ($500/month) b. for the period December 30, 2015, to December 30, 2023, the annual positive cash flow was projected at $7,176 ($600/month), and c. for the period December 30, 2023, to December 30, 2025, the annual positive cash flow was projected at $2,914 ($243/month). 2 To achieve the positive cash flow for the period December 30, 2015, to December 30, 2023, Honeywell assumed that the Honeywell guarantee of water meter accuracy would terminate on December 30, 2015, saving the City the annual fee of $13,000. If the guarantee continued, the City would incur a negative cash flow of approximately $5,000 per year; and 11. Honeywell reported a total cost for the conference center project of $500,000, consisting of $383,125 in labor and materials, $98,240 to Honeywell for project development, project management, overhead and profit, and $24,450 for bonds and contingency; and 12. Honeywell projected annual debt service for the conference center project of $48,462 for the period December 30, 2013, to December 30, 2025, with annual revenues of $62,400, projecting a positive cash flow for the 13 year period of $11,538. Honeywell based the projections on the rate for commercial kitchens on a website called "Kitchens by the Hour," the current daily rate for the conference center ballroom and the daily rate for the conference center meeting rooms, projecting that the commercial kitchen would be rented 5 days per month ($200/day x 5 days = $1000/mo.), and that the improvements to the conference center would increase ballroom rentals by one day per month ($2600 x 1) and meeting room rentals by two days per month ($800/day x 2 days = $1600) for an annual revenue of $62,400 ($5200 month x 12); and 13. Honeywell did not account for any cost increases resulting from the operation of a commercial kitchen or the increased use of the ballroom or meeting rooms, including utilities, janitorial service, maintenance or repair; and 14. Honeywell did not investigate whether there are commercial kitchens available for rent in the Ukiah area, what the rental rates for commercial kitchens in the Ukiah area are or what demand exists for commercial kitchen rental other than receiving a statement from the conference center manager that they have received inquiries about the availability of a commercial kitchen at the conference center. Honeywell did not conduct any market research upon which to base its projections for increased rentals at the conference center; and 15. Honeywell offered no guarantee of its revenue projections resulting from the conference center project; and 16. Honeywell's Investment Grade Assessment Report, dated March 7, 2012, contains all of the information concerning the projects that Honeywell has submitted to the City. Honeywell has not represented to the City that the report contains all of the information and data developed or considered by Honeywell in determining whether the project is feasible and meets the LOI's intent; and 17. The City Council considered the LOI at meetings on April 14, 2011, May 4, 2011, June 1, 2011 and June 15, 2011. At those meetings no member of the general public spoke in favor of the Honeywell proposal and numerous members of the public spoke against or expressed skepticism about the Honeywell proposal. A number advocated public bidding, if the City was going to pursue the projects. Based largely on these concerns, the City Council negotiated for the provision in the LOI that made the City's obligation to pay the break fee conditioned on the City Council finding that the water meter and conference center projects and the proposed financing are acceptable to the community; and 18. The City Council understood at the time it approved the LOI that Honeywell proposed to guarantee its revenue projections, assuring the City that Honeywell would assume the risk that revenue increases and cost savings would pay the debt service for the projects; NOW, THEREFORE, BASED ON THE FOREGOING, THE CITY COUNCIL FINDS AND RESOLVES AS FOLLOWS: 1. Honeywell has not satisfied the conditions on the City Council's intent to contract for the water meter replacement project and the conference center project. A. The water meter and conference center projects and the proposed financing are not acceptable to the community for the following reasons: 1. The revenue projections for the water meter replacement project do not contain an adequate cushion to protect the City, particularly in light of the following: a. A positive cash flow of $6,000 to $7,000 per year for the City's water and sewer departments with combined annual revenue of over $8 Million does not provide an adequate cushion to assure the City that revenues and cost savings will, in fact, cover debt service over the 13 year term of the loan. b. Honeywell has not offered to guarantee its revenue projections; c. It only offers to guarantee the accuracy of the newly installed water meters; d. It only offers to guarantee the accuracy of the meters until December 30, 2015; e. It proposes to charge an annual fee for the meter accuracy guarantee starting at approximately $12,000 and increasing to over $13,000; f. Beginning on January 1, 2016, Honeywell's revenue projections would not cover debt service, if the accuracy guarantee and its fee continued beyond December 30, 2015; g. The accuracy guarantee does not assure the City of the projected increase in revenue to the water and sewer funds, if consumption is reduced as a result of higher bills or voluntary or mandated water conservation, particularly because mandated water conversation is imposed on both residential and commercial accounts; h. If the projected revenue increases and cost reductions do not cover debt service, the City would be faced with the prospect of increasing water and sewer rates. These rates were recently increased over a five year period, imposing a hardship on many City residents. As a result substantial barriers exist to any additional water or sewer rate increases over the next few years. The City general fund is running a deficit and the City must make painful budget cuts to balance its general fund budget. There are no general fund revenues available to subsidize the City's water and sewer utilities. 2. The revenue projections for the conference center project are inadequate to incur the debt necessary to fund the project. 4 a. The revenue projections are not based on adequate research and are highly speculative. b. Honeywell has not offered to guarantee the projections. The City will undertake the entire risk in assuming this debt c. The only source of revenue to pay debt service, if Honeywell's revenue projections for the conference center are not realized over this 13 year debt repayment period, is the City's General Fund, where expenses already exceed revenue. The Community does not support an additional debt burden for a conference center when it is already faced with the possibility of cuts in public safety and other essential public services. 3. The Community does not support contracting with Honeywell for construction of these projects without public bidding, particularly in light of the fact that Honeywell did not submit its detailed specifications for the conference center and the Investment Grade Assessment Report within the six month term of the LOI and taking into consideration the substantial portion of the project cost going to Honeywell for project development, project management, overhead and profit. In the absence of competitive bidding, the Community is not assured that the project costs are competitive. There has been no negotiation with Honeywell over its charges. B. Honeywell has not represented to the City that it has provided the City with all of the information and data developed or considered by Honeywell in determining whether the project is feasible and meets the LOI's intent. C. Honeywell did not provide 30% design for all components of the contract D. In identifying the above conditions in the LOI which Honeywell has not satisfied, the City Council does not intend to express or imply that Honeywell has satisfied all of the other conditions in the LOI. II. Because Honeywell did not satisfy all of the conditions in the LOI, the City Council does not intend to contract with Honeywell for these projects. PASSED AND ADOPTED at a regular meeting of the City Council held on April 4, 2012, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Mary Anne Landis, Mayor ATTEST: JoAnne Currie, City Clerk 5 June 15, 2011 Robert Falco Energy Services Account Executive Honeywell International Inc. 353 A Vintage Park Drive Foster City, CA 94545 cit., Re: Letter of Intent Regarding Comprehensive Efficiency and Conservation Measures Program Dear Robert, This letter is to confirm that the City of Ukiah ("City") intends to proceed with Honeywell, Inc. toward finalizing a contract for energy efficiency, water conservation, operational and facility improvements of City- owned facilities and equipment. The purpose of the contract is for Honeywell to offer a turn-key program for design, implementation and financing, utilizing P party financing vehicles such as a tax-exempt municipal lease instrument, for capital improvements resulting in improved efficiency, revenue generation from City owned assets, conservation savings, and operational improvements for the City. This Letter of Intent shall be effective for 180 days or until superseded by an executed contract between the parties. During the time this Letter of Intent remains in effect, the City of Ukiah shall not negotiate with any party other than Honeywell concerning the comprehensive efficiency and conservation measures described in this letter. Additionally, Honeywell will undertake certain activities including, but not limited to, an investment grade assessment and Contract documents creation for the following Scope of Services: 1. Comprehensive replacement of water meters with Advanced Meter Reading technology and leak detection equipment 2. Comprehensive Conference Center Equipment and Furnishings Refurbishment and Design including implementation of energy saving retrofits to include HVAC, Controls, Lighting, and Life Safety. 3. Biogas Cogeneration system for Ukiah Waste Water Treatment Plant. "Investment grade assessment," as used herein means the work outlined in the attached Program Development Schedule and any additional work performed by Honeywell to develop a contract proposal to the City. The City of Ukiah intends to enter into a contract with Honeywell International Inc., provided that (1) the City Council determines that the projects and proposed financing are acceptable to the community; (2) can be approved in compliance with California Environmental Quality Act; (3) prior to entering negotiations with the City for a contract to perform a project, Honeywell provides the City in writing all of the information and data developed or considered by Honeywell in determining whether the project is feasible and meets the intent of this letter of intent, including reasonable detail (30% design) for all components of the contract, and program cash flows and the opportunity cost of maintaining the status quo; and (4) Honeywell develops a contract that meets all of the following criteria: • The proposed project savings and/or additional revenue projections allow the project to be paid for in not more than 13-years out of savings in energy, operational costs and new revenue generation. Page 1 of 2 300 SEMINARY AVENUE UKIAH, CA 95482-5400 Phone# 707/463-6200 Fax# 707/463-6204 Web Address: www.cityofukiah.com • The proposed project costs do not increase the total energy and operational expenditures for the facilities above the level spent in 2010 beyond the adjustment for CPI. • Honeywell financially guarantees the proposed annual energy savings under terms mutually negotiated with the City. The City of Ukiah uses the savings to pay the debt instrument. • Honeywell arranges financing for the Projects on terms mutually negotiated with the City. • The proposed project Contract Documents will address the overall intent of this Letter of Intent which is a project consisting of capital improvements paid for through energy savings, operational savings and/or additional revenue generation forecasts. The mutually negotiated contract will provide a detailed scope of work and document energy savings guarantees. • Other mutually agreed contract terms, provided that both Honeywell and the City negotiate in good faith. The project's final scope of work, to include all asset improvement measures, will be co-authored and agreed to by both Honeywell and the City. If Honeywell meets all of the requirements listed above, and the City decides not to enter into a Contract for a final project with Honeywell, then the City shall reimburse Honeywell $85,000. At that time, Honeywell will present an itemized listing of all Assessment Grade Investment Grade Activities associated with the break fee. Sincerely, ?;e hambers anager Page 2 of 2 city c j 41kiafi ITEM NO.: 12b MEETING DATE: April 4, 2012 AGENDA SUMMARY REPORT SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING PROVISIONS FOR REIMBURSEMENT OF COUNCILMEMBERS FOR PURCHASE OF ELECTRONIC EQUIPMENT NECESSARY FOR PAPERLESS AGENDA PACKET REVIEW Background: At the City Council meeting of March 21, 2012, the City Council received an update on various technology related activities currently underway in the City organization. One of these items included a discussion regarding proceeding to a paperless agenda process. The FY 11/12 Budget included funds for the City Council to proceed to a paperless agenda. Discussion: Attached is a proposed resolution for the City Council's consideration that provides a framework for individual Councilmembers to be reimbursed for the cost of the electronic equipment necessary to move to a paperless agenda process. Several members of the City Council have already migrated to this format during this year, in an effort to test out and explore how a paperless process would work. Many Cities throughout California and the nation have successfully moved to a paperless process. Electronic agenda's contribute to savings and/or improvements in the following areas: • Improved review time and access for Councilmembers ( Members can access Agenda from any location while out of town) • Savings on personnel costs (copy work, binding work, current cost of duplicated efforts producing both electronic and paper formats) • Improved use of staff time and skilled labor for other higher order tasks than copy and delivery • Savings in paper supply cost • Saves costs associated with actual delivery of binders At its meeting in March, the City Council indicated its interest in pursuing the paperless process and making use of the current year's budget allocation for this purpose. Staff has therefore returned with a proposed resolution that outlines a process for reimbursing individual Councilmembers for purchase of the equipment necessary to that process. Recommended Action(s): Adopt Resolution of the City Council of the City of Ukiah Adopting Provisions for Reimbursement of Councilmembers for Purchase of Electronic Equipment Necessary for Paperless Agenda Packet Review Alternative Council Option(s): Provide staff with alternative direction Citizens advised: Requested by: Prepared by: Jane Chambers, City Manager Coordinated with: David Rapport, City Attorney, and Sage Sangiacomo, Assistant City Manager Attachments: Resolution Approved: ' J,ane(Chambers, City Manager This resolution has been prepared based upon discussions with Council to date regarding concerns and thoughts related to use of electronic devices. It has also been prepared with the future in mind, considering that from time to time, an individual elected official may require and/or choose to receive only a paper agenda. This could be the case for members who are not familiar with electronic access, and may need a learning period, or members who need to use traditional paper packets. Such needs can be addressed as provided for in the resolution without further Council or staff interpretation. Fiscal Impact: Under the City Council's annual FY 2011/12 budget, an amount of $7,000 was included for miscellaneous supplies and electronic agenda equipment, with $5,000, or $1,000 per member being estimated for purchase of an electronic item. In subsequent discussions, the Council indicated that it was open to considering a wide range of equipment options, not limited to a singular type, as long as the equipment worked with current City technology. Since the original recommendation, the market place has continued to produce a number of electronic devices that are capable of providing the service required, and the cost of such items includes a wide range of choices as well. Also, since that first recommendation, the concept of having members reimbursed for purchase of personal equipment, rather than equipment purchased and assigned to each member by the City, has been discussed as an alternative that achieves the purpose intended. The sum of a maximum of $600 has been suggested in keeping within the range of choices and costs in the current marketplace for this equipment, with an PAID retail cost of $599. Members are free to make a more expensive or less expensive choice, with reimbursement limited to $600, or actual cost if less. Staff will continue to analyze what, if any, further staff equipment is necessary in order to fully implement a paperless agenda system. Several senior staff members have already purchased their own equipment and are utilizing it in meeting processes, and others are prepared to use their City issued lap-tops as needed. To date, City Council members in Ukiah have served without provision for any equipment, either telephone and/or computer, to do the job of Councilmember. In order to fully function as a Councilmember, ability to access electronic data has become a routine necessity. Staff recommends that Council consider providing for each member's ability to fully access the electronic agenda as an item of equipment necessity, and consider it a reimbursable item required for the Councilmember to perform the duties of office. Councilmembers preside over an organization with a total budget of about $60 million dollars. Spending up to $600 per term for each member on the equipment necessary to assure an efficient electronic format, is reasonable, and supports the Council's efforts to make the highest and best use of all available technology, labor, and material resources. Staff recommends that Council approve the attached resolution. F Budgeted FY 11/12 ❑ New Appropriation I-XI Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and Account Number Addit. Appropriation Requested $ $ 4. After July 1, 2012, all Councilmembers will be required to utilize electronic equipment in order to assist with cost reductions associated with paperless agenda production except where the following conditions apply: a. Where a Councilmember's study, understanding, and review of an agenda item is improved by having a paper copy of a particular agenda item, a Councilmember may request that item to be printed. Such requests shall be made to the City Clerk and/or City Manager by no later than close of business two days before the meeting. For Special Meetings and Workshops, printed agenda materials will be provided if requested at least 4 hours prior to the posted meeting time. It is understood that the provision of printed copies will be made on an occasional basis, and is not intended to become a regular printing of agenda items. b. Printed materials will be provided for meetings called on an emergency basis if requested by a Councilmember. c. It is the intention of the City Council to proceed with a paperless agenda process to the fullest extent possible, and all Councilmembers shall be expected to use that medium. Should the electronic format become an impediment to decision- making for any current and/or future Councilmember, that member may exclusively use a printed format. A member using an exclusively printed format may take steps to migrate towards the electronic format, but will not be eligible for equipment reimbursement until the member makes exclusive use of electronic agenda packets, limiting paper copies to occasional use as provided in item 4.a, above. d. Any member may choose not to seek reimbursement for eligible electronic equipment, choosing instead to self-fund this particular expense. The electronic equipment reimbursement of up to $600 is not available in such cases, for any other purpose. PASSED AND ADOPTED at a regular meeting of the City Council held on April 4, 2012, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Mary Anne Landis, Mayor ATTEST: JoAnne Currie, City Clerk City cf 'Z_lkiafz ITEM NO.: 12c MEETING DATE: AGENDA SUMMARY REPORT April 4, 2012 SUBJECT: AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH WESTON SOLUTIONS, INC. FOR SUPPLEMENTAL SITE INVESTIGATION OF THE FORMER LESLIE STREET GAS PLANT PROPERTY IN THE AMOUNT OF $23,430. Background: The Judicial Counsel of California, Administrative Office of the Courts (AOC) has approved the construction of a new courthouse for Mendocino County. The site selection committee formed by the AOC to make recommendations for the location of the new courthouse has identified the Perkins Street Rail Property as the primary site for the project. The property consists of approximately 11 acres located south of East Perkins and west of Leslie Streets in downtown Ukiah (the "Property"). The western half of the property is owned outright by the North Coast Railroad Authority (NCRA) and the eastern half of the property is currently owned in fee by Union Pacific Railroad (successor in interest to Southern Pacific Transportation Co. and Northwestern Pacific Railroad Company) subject to an enforceable duty to convey the property to NCRA upon the remediation of the contamination located on the eastern half. The City, as the Successor Agency to the Ukiah Redevelopment Agency, has an option agreement with NCRA to acquire the property and a development and sale agreement with Weston, Inc. The City has facilitated the partnership with NCRA and Weston Solutions, Inc. in an effort to a develop a framework to ready the entire property for development and present to the AOC a viable 4.5 acres site that could be considered for the relocation of the new courthouse. Weston is an international company with offices throughout the United States and the world which specializes in acquiring, cleaning-up and developing Brownfields. Discussion: The City of Ukiah owns three parcels along Leslie Street adjacent to the NCRA property that could also be utilized as part of the development of possible project(s) at this location. However, the Leslie Street property is impacted by potential contamination from past activities when it was utilized by the City as a Gas Plant. Last year, the Ukiah Redevelopment Agency contracted with Weston for a site investigation of the Leslie Street Property that would include an analysis of past work completed by other contractors and Continued on Page 2 Recommended Action(s): Authorize the City Manager to negotiate and execute a professional services agreement with Weston Solutions, Inc. for supplemental site investigation of the former Leslie Street Gas Plant Property in the amount of $23,430. Alternative Council Option(s): Do not approve the agreements and provide direction to staff. 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: Draft Scope of Services for Supplemental Site Investigation Approved: Jan Chambers, City Manager additional sampling where necessary. Council expressed a desire to get the property to a point of "no further action" with the RWQCB and recognized a value to being able to potentially merge remediation efforts with the NCRA property. During the course of the site investigation, Weston has been fully engaged with the RWQCB. Upon completing the investigation, Weston and City staff met with the RWQCB to present the results of the sampling efforts and seek additional direction. The RWQCB has requested additional sampling to be conducted during high water levels. It is believed that this information will help determine the extent and potential source of contamination. A draft work plan for the supplemental investigation is included as Attachment #1. Under the proposed scope, Weston will develop a work plan for the RWQCB approval, complete the required sampling, and update the Site Characterization Report. With the dissolution of redevelopment by the State of California, the City will have to re-assume the management and cost of closing this site since it is a City-owned property. Staff recommends approval of this item using a portion of the funds that were budgeted for contractual services in the Miscellaneous General Government Account. Fiscal Impact: ❑X Budgeted FY 11/12 F New Appropriation ❑ Not Applicable F-1 Budget Transfer Required Amount Available Source of Funds (title and Account Number Additional Funds Requested $76,275 Misc. General Govt. Exp. 100.1990.250.000 $0 ATTACHMENT A WESTON Supplemental Site Investigation Former Leslie Street Gas Plant Redevelopment Project, Ukiah, CA Weston Solutions, Inc. (WESTON) appreciates the opportunity to submit our scope of work (SOW) to the City of Ukiah (City) for conducting additional groundwater sampling at the former Leslie Street Gas Plant. The objective of the additional sampling is to evaluate the potential for petroleum hydrocarbons concentrations groundwater at depth in on-site monitoring wells MW-1 through MW-5; sample shallow groundwater in well MW-5 to assess the potential presence of dissolved petroleum concentrations; and remove the thin floating product layer in well MW-5 and re-inspect the well after 2-4 weeks to determine if the floating product layer returned to the well. This additional sampling was requested by the North Coast Regional Water Quality Control Board (NCRWQCB) during a January 23, 2012 meeting with WESTON and the City in Santa Rosa, CA. Following the completion of the additional sampling, a conference call with the City and WESTON will held to discuss next steps. A second conference call with the City and the NCRWQCB would be held to discuss the results. WESTON would then update the Site Characterization Report and upload all the information to the State's GeoTracker web site. This proposal summarizes the scope of work and the costs estimated for this effort. SCOPE OF WORK The following scope of work is proposed in response to the NCRWQCB request: Task 1- Work Plan and HASP Preparation: A Work Plan documenting the scope of work to be performed at the property and a HASP will be prepared. A copy of the Work Plan will be submitted to the City and NCRWQCB for review. Procurement of the laboratory subcontractor, equipment and supplies would occur under this task. Task 2 - Sample Collection and Analysis, and Product Removal: Field activities to be conducted by WESTON include the following • Evaluate the potential for petroleum hydrocarbons concentrations groundwater at a depth of approximately 25 feet in on site monitoring wells MW-1 through MW-5. A pneumatic packer will be deployed at approximately 20 feet below grade prior to sampling; • Sample groundwater in well MW-5 at a depth of approximately 5 feet below the thin floating product layer to assess the potential presence of dissolved petroleum concentrations; and Remove the thin floating product layer in well MW-5 and re-inspect the well after 2-4 weeks to determine if the floating product layer returned to the well. Groundwater water samples will be analyzed at an off-site laboratory assuming standard turn-around- time (approximately two weeks). Samples were analyzed for BTEX (benzene, toluene, ethylbenzene, and xylenes); Gasoline Ranges Organics (GRO); Diesel Range Organics (DRO); Heavy Range Organics (HRO); polycyclic aromatic hydrocarbons (PAHs) and lead. All analytical data will be validated by a WESTON chemist. The cost estimate assumes that groundwater disposal will be covered under a separate scope of work. WESTON_Leslie St_GW Sampling Pro_020112.docx Page A-1 February 1, 2012 Task 3 - Data Evaluation and Update Site Characterization Report: Once received from the laboratory, WESTON will evaluate the analytical data to assess if elevated petroleum hydrocarbon concentrations are present in the deeper aquifer. WESTON will then update the Site Characterization Summary Report follow meetings with the City and the NCRWQCB. WESTON would then upload all the information to the State's GeoTracker web site. Task4 - City and Agency Meetings: Following the completion of the additional sampling, a conference call with the City and WESTON will held to discuss next steps. A second conference call with the City and the NCRWQCB would be held to discuss the results. COST ESTIMATE A total cost of $23,430 is estimated to complete the scope of work described above. The estimated cost is summarized as follows: Task Description Labor Expenses Total 1 Site Review and Planning $3,650 $ 3,650 2 Sample Collection and Analysis $6,960 $5,255 $12,215 3 Data Evaluation and Site Characterization Summary Report $6,640 $ 6,640 4 City and Agency Meetings $980 $ 925 TOTAL $23,430 Work will be completed on a time and materials basis per WESTON's agreement with the City. Costs are estimated for each task and may change due to regulatory demands or site conditions. See below for WESTON's rate schedule. WESTON RATE SCHEDULE Labor Categories Rate Administrative $70/hr Graphics Specialist $80/hr Staff Scientist/Engineer $80/hr Project Analyst $100/hr Associate Scientist/Engineer $110/hr Project Scientist/Engineer $130/hr Senior Scientist/Engineer $150/hr Sr. Project Manager/Technical Consultant $165/hr Principal Engineer/Scientist $180/hr Please contact Greg Stuesse at (206) 521-7683 if you have any questions or comments on this proposal. WESTON_Leslie St_GW Sampling Pro_020112.docx Page A-2 February 1, 2012 AN* lrq~ City ITEM NO.: 13a MEETING DATE AGENDA SUMMARY REPORT April 4, 2012 SUBJECT: APPROVE BUDGET AMENDMENT AND AWARD PROFESSIONAL SERVICES AGREEMENT TO SELECTED CONSULTANT FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR PERKINS AND ORCHARD INTERSECTION IMPROVEMENTS SPECIFICATION NO. 11-01 EDA AWARD NO. 07 01 06042 Background & Discussion: In order to comply with the Economic Development Administration's conditions for construction management and inspection of the Perkins and Orchard Intersection Improvements project, staff issued a request for proposals and distributed it to five prospective consultants. Submitted proposals will be reviewed and evaluated by a selection committee. The selected consultant will be named in a memorandum to City Council on April 4, 2012. The construction management and inspection services will involve daily project inspection, specialized inspection of traffic signal equipment, review and compliance with the Caltrans encroachment permit, review and verification of contractor submittals, review and verification of contractor's pay requests, review and verification of certified payroll reports, and other duties. Fiscal Impact: ❑ Budgeted FY 11/12 1-1 New Appropriation Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and Account Number Add'I Appropriation Requested Recommended Action(s): Approve budget amendment and award Professional Services Agreement to selected consultant for Construction Management and Inspection Services for Perkins and Orchard Intersection Improvements Specification No. 11-01 EDA Award No. 07 01 06042. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Provide staff with other direction. Citizen Advised: None. Requested by: Tim Eriksen, Director of Public Works / City Engineer Prepared by: Rick Seanor, Deputy Director of Public Works Coordinated with: Jane Chambers, City Manager Attachments: None APPROVED: --r- % Jars Chambers, City Manager c~ MEMORANDUM To: Members of the City Council From: Tim Eriksen, Director of Public Works / City Engineer cc: JoAnne Currie, City Clerk Date: April 4, 2012 Re: ITEM 13a - Meeting of April 4, 2012 APPROVE BUDGET AMENDMENT AND AWARD PROFESSIONAL SERVICES AGREEMENT TO SELECTED CONSULTANT FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR PERKINS AND ORCHARD INTERSECTION IMPROVEMENTS SPECIFICATION NO. 11-01 EDA AWARD NO. 07 01 06042 On April 2, 2012, the Consultant Review Committee (Tim Eriksen, Jarod Thiele, and Rick Seanor) met to review and rate four proposals regarding construction management and inspection services for the Perkins and Orchard Intersection Improvements project. Proposals were received from the following firms: Coastland, $60,450; Green Valley Consulting Engineers, $48,498; GHD, $85,291; and SHN Consulting Engineers & Geologists, $41,200. After extensive discussion, the Committee selected Green Valley Consulting Engineers as the most qualified and responsive consultant for the update of the City's speed zone surveys. Sixty percent of the cost of this project will be reimbursed by the US Department of Commerce, Economic Development Administration (EDA) through EDA Award No. 07 01 06042. Fiscal Impact: ❑ Budgeted FY 11/12 F-1 New Appropriation F-1 Not Applicable Amount Budgeted Source of Funds (title and Account Number Gas Tax Fund 301 301 ® Budget Amendment Required Addtl. Appropriation Requested $48,498 RECOMMENDED ACTION Approve budget amendment to transfer funds from Fund 301 to Fund 290 and award Professional Services Agreement to Green Valley Consulting Engineers in the amount of $48,498 for Construction Management and Inspection Services for Perkins and Orchard Intersection Improvements Specification No. 11-01 EDA Award No. 07 01 06042. Item 13b April 4, 2012 To members of the Ukiah City Council: The Coyote Dam feasibility study In 2005 the Inland Water and Power Commission entered into an agreement with the Army Corps of Engineers in which the Corps would conduct a feasibility study of raising the capacity of Lake Mendocino behind the Coyote Valley Dam. The funding for this was to be divided 50-50 between the Corps and the IWPC. In the years intervening, according to the Corps in a September 2011 status report, the Corps has expended $706K and the IWPC $537K. IWPC is a JPA, currently with five participants, but only three are currently fully enrolled - City, PVID and RRFC - Redwood Valley and the County have stopped making payments for the feasibility study. Currently the Corps is requesting another payment of $90K to match an outlay on the part of the Corps that, in the view of the Commission, has not been sufficiently explained or justified. At issue is the money expended and the results of that expenditure. It seems that no-one familiar with the local story believes that the Corps has earned its money. The six studies completed at this point are minimally useful in moving toward the goal of more water storage. Other jurisdictions and agencies have had similar tales to tell. Continuing payments to the Corps would therefore seem to be throwing good money after bad. The problem is that if the City withdraws for the JPA we will likely lose our share of rewards (water) if the reservoir capacity is increased as a result of the study, but even more likely is that the study itself will be abandoned, perhaps never to be resurrected. It's a poker game, in other words, with the ante going up and up, with no guarantee of a payout. The cost of participation, past and future, is borne by the ratepayers. If the expenditures result in a reliable water supply for the City (positing that our own resources might prove inadequate), then it is to some degree defensible. A complicating factor is the future reliability of water from the Eel River diversion, a source of ongoing controversy and likely litigation in the future. Without expansion of the Lake to store a greater amount of wet-season rainfall in the watershed that empties into the Lake, an adequate water supply for downstream users in the event of no diversion from the Eel is jeopardized. In an alternative scenario, Congress may step in to speed up and, to an uncertain degree, fund more generously the expansion of the Lake. So should the City continue to make payments to the feasibility study in order to keep it going and to maintain our place in line? Benj Thomas city crl'ez_ikjah ITEM NO.. 14a MEETING DATE: April 4, 2012 SUCCESSOR AGENCY TO THE UKIAH REDEVELOPMENT AGENCY AGENDA SUMMARY REPORT SUBJECT: Consideration of a Resolution approving and adopting a proposed administrative budget pursuant to Health and Safety Code section 341770) DISCUSSION: Pursuant to Health and Safety Code Section 34172, the Redevelopment Agency of the City of Ukiah was dissolved as of February 1, 2012. The City of Ukiah ("RDA Successor Agency") is the successor agency for the Ukiah Redevelopment Agency (Resolution No. 2012-04). Pursuant to Health and Safety Code Section 341770), the RDA Successor Agency is required to prepare a proposed administrative budget ("Budget") and submit it for approval to the Oversight Board. The Budget is required to include all of the following: (1) estimated amounts for RDA Successor Agency administrative costs for the period between February 1, 2012 through June 30, 2012; (2) proposed sources of payment for all administrative costs; (3) proposals for arrangements for administrative and operations services provided by the City of Ukiah. The attached Administrative Budget for the period of February 1, 2012 - June 30, 2012 has been prepared for consideration and approval. For Successor Agencies, and subject to the approval of the Oversight Board, up to 5% of the property tax allocated to the Successor Agency for 2011-12 and up to 3% of the property tax allocated to the Redevelopment Obligation Trust Fund for 2012-12 and each year thereafter. The Administrative Cost Allowance shall not be less than $250,000 for any fiscal year or such lesser amount as agreed to by the Successor Agency. The Administrative Cost Allowance shall exclude administrative costs that can be paid from bond proceeds or from sources other than property taxes. 34171(b) The Oversight Board is responsible for approving the actions of the RDA Successor Agency pursuant to Health and Safety Code Section 34179. Thus, the Budget will be submitted to the Oversight Board for consideration. Pursuant to Health and Safety Code Section 34179(h), because the Department of Finance may review Oversight Board actions, the Oversight Board's action to approve the Budget is not effective for three business days, pending a request for review by the DOF. Under Health and Safety Code section 34177(k), the City is to provide administrative cost estimates, from the Approved Administrative Budget, that are to be paid from property tax revenues deposited in the Redevelopment Property Tax Trust Fund, to the Mendocino County Auditor-Controller for the upcoming six-month fiscal period. Fiscal Impact: ❑ Budgeted FY 11112 X❑ Revised Appropriation ❑ Not Applicable Fx] Budget Amendment Required As Attached Recommended Action(s): Adopt a Resolution approving and adopting a proposed administrative budget pursuant to Health and Safety Code section 341770) Alternative Council Option(s): Remand to staff with alternate direction. Citizens advised: N/A Requested by: N/A Prepared by: Gordon Elton, Director of Finance and Sage Sangiacomo, Assistant City Manager Coordinated with: Jane Chambers, City Manager and David Rapport, City Attorney Attachments: 1. City Council Resolution approving and adopting the proposed administrative budget pursuant to Health and Safety Code section 341770). Approved: r Jane Ch mbers, City of Ukiah ATTACHMENT RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH, SERVING AS THE SUCCESSOR AGENCY TO THE DISSOLVED REDEVELOPMENT AGENCY OF THE CITY OF UKIAH, APPROVING AND ADOPTING A PROPOSED ADMINISTRATIVE BUDGET PURSUANT TO HEALTH AND SAFETY CODE SECTION 341770) WHEREAS, pursuant to Health and Safety Code section 34173(d), the City of Ukiah ("Successor Agency") elected to become the successor agency to the Redevelopment Agency of the City of Ukiah by Resolution No. 2012 on January 9, 2012; and WHEREAS, Health and Safety Code section 341770), as modified by the Supreme Court decision in California Redevelopment Association, et al. v. Ana Matosantos, et al., Case No. 5194861, requires the Successor Agency to prepare a proposed administrative budget covering the period from February 1, 2012, through June 30, 2012 and submit it to the oversight board for approval; and WHEREAS, pursuant to Health and Safety Code section 34177(k), upon approval of the administrative budget by the oversight board, the Successor Agency is required to provide administrative cost estimates, from the approved administrative budget, that are to be paid from property tax revenues deposited in the Redevelopment Property Tax Trust Fund, to the Mendocino County Auditor-Controller for each fiscal period covered by the administrative budget; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UKIAH, SERVING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF UKIAH, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference. Section 2. Approval of Proposed Administrative Budget. The Successor Agency hereby approves and adopts the proposed administrative budget covering the period from February 1, 2012, through June 30, 2012, in substantially the form attached to this Resolution as Exhibit A, as required by Health and Safety Code Section 34177. Section 3. Transmittal of Proposed Administrative Budget. The City Manager is hereby authorized and directed to take any action necessary to carry out the purposes of this Resolution and comply with applicable law regarding the proposed administrative budget, including submitting the proposed administrative budget to the Successor Agency's oversight, board, and upon oversight board approval of the administrative budget, the provision of administrative cost estimates, from the approved administrative budget, that are to be paid from 1 09959.00000\7232657.1 property tax revenues deposited in the Redevelopment Property Tax Trust Fund, to the Mendocino County Auditor-Controller. Section 5. Effectiveness. This Resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Ukiah, serving as the successor agency to the Redevelopment Agency of the City of Ukiah on the 4th day of April, 2012, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Mary Anne Landis, Mayor ATTEST: JoAnne Currie, City Clerk 2 09959.00000\7232657.1 EXHIBIT A PROPOSED ADMINISTRATIVE BUDGET [Attached behind this page] 09959.00000\7232657.1 o r O N r N T- U. 2 Q Y D LL O H U T U o Z C4 p W r Z r Z) Q o N NN LL J N If. <oQ z y LLI w W J (D U Q U U CO) M M f~ 0) O M 00 t- O p f- O Cl) 0 d M N O - y M O Do M P- O M LC) Do v> M M M 00 M 0 N (D O cl) M N M C r N U Q M M Il-O O M m f- O 1'- W - M O Vt M N O N a C M O 00 M h 0 M LO 00 T O M 00 00 CO M N r O CO co N co N m EC N T G r p CD 0 N U ~ C ~ 0- M O 'It M N O d y M O 00 M I- O M Ln 00 E m O CO 00 00 O O N r co 7 CO r co N Cl) r N Q d d ~ V ~ d r O Q r o n- Ci} N O T N d M3 W o ~ O N Q 69CD ns ao 3 o ~ CD Q N CH co t6 3 O V O Q N 64 N p W Rf W a) - m U C L Z r_ r_ C ca L V CB W U C - LL1 c c Q Q rn c cu 0 p m Q ry z = p E U U vi w w c U - p @ a> a) E L ca a co = Y 2 E Q R ca ca a> :r p p -0 0) U)fn00of CD~ ~E:I-p O r LO - - N It LO M r r r It LO LO LO LO LO C D 0 0 0 0 0 0 0 0 O Ln O O O 10 N r r 00 r M r 0I C3 C) C) C) C) 0 O O O O O O if) O (O co Ln N Do - M r C) CD CD 0 CD CD CD 0 0 0 ° C) LL C 0 C 0 N 00 M r 60, U} ER d V C R C d N N 'p c .2 N m c a U_ 3 06 C a 70 o 06 05 cn c U a) rn C6 J C C .C- 3 N N E p N -E w -Fa 0 - QU~W UDI I- -(D O o 0 0 0 0 CD N M LO M 0 N N N N M CO m a = S Q ~ ~ y 0 C I- u U < w M w Oo Cl) 0 M am 60- o , n W M W M } ~ T H 50 U W w ~ 1- W F- O M j W C Cl) CL LLI i i w to i N I T O N j T O 1 N 1 Q LLI I • J I Q S2 I LL .y C m C CO) W ~ L r ~ O ~ O CO) r p O T r z z m 0 U U Q 000 0000 0 0 M N M N- N '.010 0 0 0 0 0 0 0 0 pM N a C) M I- N - N 0 0 0 0 0 0 0 0 0 O O N O n N 0 w a L O M ) N E ca Q L O U f6 y_ 5 a) O w p O (n N 2 C Q L u c c U 0 3 0 M ,O M O O UQu_au_UQQQ O O O O r O rn T 0 0 T 401, ti d- n O t` I\ ti d- to n T O 0 !A L 7 O L O W O N J+ f6 C Q U a) O d c rn ; O o a w •L O O O T O r T r O r CD 0 r 0 O O O Ir- T O r 0 0 r Q O 0 0 LO O r r: 49 0 O 0 0 LCD O r T 0 O O r C) CD L O 64 ELT o O LO O T -r t4 44 O O O EA a) U c fL6 y rn co C a) c • c U O a) Q C • O (B x Co Lu F- U) co 0) C O a) c = U c W o_ _ C a ) m Ov (L a) L Q V O c U > U) E C o o a a~i a Y U L ' C4 C < ea N a) ca . 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