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:
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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
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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
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City of Ukiah
D. 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
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