The URL can be used to link to this page

Home My WebLink About2015-02-04 PacketPage 1 of 3 CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 February 4, 2015 6:00 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. Acknowledgment of Gift of Artwork to the City of Ukiah from Colleen Henderson. 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Minutes of January 21, 2015, a Regular Meeting. 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, whi ch 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. Approve Final Resolution Ordering and Directing the Ukiah Department of Public Works to Abate the Public Nuisance Located at 272 North State Street (Palace Hotel). b. Adoption of Resolution Removing the Existing No Parking Zone on the North Side of West Church Between Hope Street and Barnes Street and Removing on-Street Parking on the South Side of West Church Street Between Spring Street and Barnes Street. c. Authorize the City Manager to Negotiate and Execute a 48 Month Lease and Maintenance Agreement with Advance Xerographics (Local Xerox Agent) for the Replacement of Existing Multi-Function Copy Machines. d. Approval of Purchase of John Deere 5075e Tractor for the Waste Water Treatment Plant in the Amount of $48,143.87 to Deere & Company. Page 2 of 3 e. Award Purchase of One New Vactor Truck with 10 Cubic Yard Capacity, and a Single Engine Dual Stage Fan Unit with 1000 Gallons Of Water, Mounted on a 2016 Freightliner 114SD 4x2 with a Cummins ISL 370 HP Engine to Owen Equipment for the Water Sewer Department in the Total Amount of $404,626.46 and Approve Budget Transfer and Amendment. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. 9. COUNCIL REPORTS 10. CITY MANAGER/CITY CLERK REPORTS 11. PUBLIC HEARINGS (6:15 PM) 12. UNFINISHED BUSINESS 13. NEW BUSINESS a. Award of Contract for Perkins Street Underground District #2, Specification No. 14-15 to Coastside Concrete in the Amount of $619,220.00 (EUD). b. Consider Approval of Resolution(s) Authorizing the Successor Agency to the Former Redevelopment Agency of the City of Ukiah and the City of Ukiah to Re-enter into a Funding Agreement for Public Infrastructure Improvements for the Redwood Business Park, Dated March 8, 2011 as Authorized by the Oversight Board in Resolution Number 2012-08. c. Update on Fines at the Waste Water Treatment Plant in Connection with Administrative Civil Liability Complaint No. 2014-0058 as Issued by the California Regional Water Quality Control Board. d. Receive Technical Memo for the Basis of Design for Well #4 and Approve Budget Amendment for Final Design. 14. CLOSED SESSION – Closed Session may be held at any time during the meeting a. Public Employee Performance Evaluation Government Code Section 5495 Title: City Manager b. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1)) Name of case: Ukiah Valley Sanitation District v. City of Ukiah, Mendocino County Superior Court Case No. SCUK-CVC-13-63024 c. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1)) Name of case: County of Mendocino v. Solid Waste Systems, Inc., Mendocino County Superior Court Case No. SC-UK-CVG-1159459 Page 3 of 3 d. Conference with Real Property Negotiators (§54956.8) Property: APN 180-070-19 Negotiator: Jane Chambers, City Manager Negotiating Parties: City of Ukiah and RCMC, LLC Under Negotiation: Price & Terms 15. ADJOURNMENT Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business hours, Monday through Friday, 8:00 am to 5:00 pm. I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting set forth on this agenda. Dated this 29th day of January, 2015. Kristine Lawler, City Clerk Agenda Item 5a CITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 January 21, 2015 6:00 p.m. 1. ROLL CALL Ukiah City Council met at a Regular Meeting on January 21, 2015, having been legally noticed on January 15, 2014. Mayor Crane called the meeting to order at 6:00 p.m. Roll was taken with the following Councilmembers Present: Maureen Mulheren, Kevin Doble, Jim O. Brown, Vice Mayor Scalmanini and Mayor Crane. Staff Present: Jane Chambers, City Manager; David Rapport, City Attorney; and Kristine Lawler, City Clerk. 2. PLEDGE OF ALLEGIANCE Tim Erikson, Public Works Director, paid tribute and Mayor Crane led a moment of silence in remembrance of Jerry Whitaker, Public Works Supervisor and employee of the City of Ukiah for 19 years. COUNCIL ADJOURNED TO CLOSED SESSION AT 6:07 P.M. 14. CLOSED SESSION a. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1)) Name of case: Ukiah Valley Sanitation District v. City of Ukiah, Mendocino County Superior Court Case No. SCUK-CVC-13-63024 COUNCIL RECONVENED IN OPEN SESSION AT 6:27 P.M. 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Minutes of January 7, 2015, Regular Meeting. Motion/Second: Brown/Mulheren to approve the minutes of January 7, 2015, a Regular Meeting as submitted. Motion carried by the following roll call votes: AYES: Mulheren, Doble, Brown, Scalmanini, and Crane. NOES: None. ABSENT: None. ABSTAIN: None. 6. RIGHT TO APPEAL DECISION 7. CONSENT CALENDAR a. Report of Disbursements for the Month of December 2014 – Finance. b. Adoption of Resolution (2015-02) Removing 23 Lineal Feet of On-Street Parking at 732 South State Street (Ellie’s Mutt Hut) – Public Works. Page 1 of 5 City Council Minutes for January 21, 2015, Continued: Page 2 of 5 c. Update of Resolutions (2015-03 and 2015-04) for Aviation Fuel Prices at the Ukiah Regional Airport – Airport. d. Receive Notification of Expenditure in the Amount of $24,192.97 to Consolidated Electrical Distributors for 20 New Street Light Standards to be Used in Conjunction with the Perkins Street Underground District No. 2 Project – Electric Utility. Motion/Second: Mulheren/Doble to approve Consent Calendar Items 7a - d, as submitted. Motion carried by the following roll call votes: AYES: Mulheren, Doble, Brown, Scalmanini, and Crane. NOES: None. ABSENT: None. ABSTAIN: None. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Presenter: Stephanie Hoppe. 9. COUNCIL REPORTS Presenters: Councilmembers Doble and Brown. 10. CITY MANAGER/CITY CLERK REPORTS 11. PUBLIC HEARINGS a. Consideration and Possible Adoption of a Resolution Ordering Repair of Dilapidated Palace Hotel Structure, Retention of Cota Cole, LLP, and Setting Forth the Conditions for the Initiation of Proceedings Under Health and Safety Code Section 17980.7 to Establish a Receivership for the Palace Hotel Property – Planning and Community Development. Presenters: Jane Chambers, City Manager; David Rapport, City Attorney; and David Willoughby, Building Official. PUBLIC HEARING OPENED AT 6:49 P.M. Public Comment: Craig Strattman, Janet Ostoya, Lynn Zimmerman, John McCowen (speaking as a private citizen), Judy Pruden, John Curry, Tom Liden, Alan Nicholson, Wendy Jackson, Phil Baldwin, Ernie Olson, and Peter Good. Property Representatives: Eladia Laines, Unique Properties, Inc. President and Norman Hudson, Contractor. Continued Public Comment: Ernie Olson and John McCowen. PUBLIC HEARING CLOSED AT 8:53 P.M. Staff Comment: Sage Sangiacomo, Assistant City Manager. Motion by Councilmember Brown, Seconded by Councilmember Mulheren to: (a) adopt the Resolution authorizing the filing of a petition of an appointment of a receiver; (b) Authorize the retention of Cota Cole to provide legal services in connection with the appointment of a receiver; and (c) Authorize the petition to seek the appointment of Mark Adams as the receiver; changing the date on page 8 of the resolution from October 4, 2014 to February 21, 2015. Upon further consideration, the maker and the second withdrew the motion. City Council Minutes for January 21, 2015, Continued: Page 3 of 5 Motion by Councilmember Brown and Seconded by Mayor Crane to (a) Continue to monitor the Compliance Schedule, (b) adopt the Resolution authorizing the public works director to monitor compliance with the schedule and file the receivership petition, if ownership fails to comply without good cause and (c) retain Cota Cole to provide necessary legal services and authorize petition to seek appointment of Mark Adams as the receiver, with a determination taking place within 90 days of whether a petition is going to be filed. RECESS FOR FURTHER CLARIFICATION TO THE MOTION: 9:18 – 9:39 P.M. The maker and the second agreed to the following amended motion: Motion by Councilmember Brown and Seconded by Mayor Crane to continue to monitor the compliance schedule with the following modifications: Within a 30 day period: • Fire sprinkler systems become operational • Structural assessment to address any immediate hazard concerns is completed • Roof is patched to prevent further water damage • Structure is to be secured from any intrusions • Windows are to be secured Within an additional 30 days (60 days total) • Asbestos abatement is completed And directing staff to proceed with a petition for receivership if ownership is not in compliance by the end of the 60 days. Additionally, after the 60 days have passed, ownership is to come into compliance with the remainder of exhibit B (Compliance Schedule) of the resolution that has been previously outlined by the City Council; (b) authorize the public works director to monitor compliance with the schedule and file the receivership petition, if ownership fails to comply without good cause; and (c) retain Cota Cole to provide necessary legal services and authorize petition to seek appointment of Mark Adams as the receiver. Upon further discussion and consideration by Council, the maker and second agreed to the following and final amended motion: Motion/Second: Brown/Crane to: (a) Continue to monitor the Compliance Schedule (Exhibit B to Resolution shown as Attachment 2 in Agenda Summary Report(ASR)), with the modification that the following items take place within 90 days (from January 21, 2015): • Fire sprinkler systems become operational • Structural assessment to address any immediate hazard concerns is completed • Roof is patched to prevent further water damage • Structure is to be secured from any intrusions • Windows are to be secured • Asbestos abatement is completed The remainder of the compliance schedule in Exhibit B, starting with the milestone “Prepare plan for predevelopment…,”as previously approved by the City Council, shall continue in effect; City Council Minutes for January 21, 2015, Continued: Page 4 of 5 (b) Adopt the Resolution (Attachment 2 in ASR; 2015-05) authorizing the public works director to monitor compliance with the schedule and file the receivership petition, if ownership fails to comply without good cause; and (c) Retain Cota Cole (Agreement shown as Attachment 7 to ASR; COU 1415-156) to provide necessary legal services and authorize (receivership) petition to seek appointment of Mark Adams as the receiver. Motion carried by the following roll call votes: AYES: Mulheren, Doble, Brown, Scalmanini, and Crane. NOES: None. ABSENT: None. ABSTAIN: None. (Clerk’s Note: The City Attorney will be submitting the modified resolution to Council for final confirmation under the Consent Calendar for the February 4, 2015, meeting) RECESS: 9:57 – 10:00 P.M. 12. UNFINISHED BUSINESS a. Authorize the City Manager to Negotiate and Execute a Disposition Agreement with Petaluma Ecumenical Properties, a California Nonprofit Public Benefit Corporation, for a Low and Moderate Income Senior Housing Development on the Former Ukiah Redevelopment Agency’s Cleveland Lane Property and an Amended Memorandum of Understanding Between the City of Ukiah and the Grace Hudson Museum Endowment Fund – Community Services. Presenters: Shannon Riley, Project and Grant Administrator and Sage Sangiacomo, Assistance City Manager. Petaluma Ecumenical Properties (PEP) Representative: Mary Stompe, PEP Executive Director; Motion/Second: Scalmanini/Brown to authorize the City Manager to negotiate and execute the draft Disposition Agreement with Petaluma Ecumenical Properties, a California nonprofit public benefit corporations, for a low and moderate senior housing development on the former Ukiah redevelopment agency’s Cleveland lane property and negotiate and execute an amended Memorandum of Understanding between the Grace Hudson Museum Endowment Fund and the City of Ukiah. Motion carried by the following roll call votes: AYES: Mulheren, Doble, Brown, Scalmanini, and Crane. NOES: None. ABSENT: None. ABSTAIN: None. b. Approve the Purchase of 2.8 Acres with a 15,800 Sq. Ft. Building Located at 1350 Hastings Rd., Ukiah, CA for the Electric Utility Department ($1,200,000.00); and Authorize the City Manager to Execute All Necessary Purchase Documents Contingent on Satisfactory Environmental Clearance – Electric Utility. Presenter: Sage Sangiacomo, Assistant City Manager. Motion/Second: Mulheren/Brown to authorize the City Manager to execute all necessary purchase documents contingent on satisfactory environmental clearance. Motion carried by the following roll call votes: AYES: Mulheren, Doble, Brown, Scalmanini, and Crane. NOES: None. ABSENT: None. ABSTAIN: None. c. Continuation of Consideration of Proposal for Goal Setting for FY 2015/2016 Budget Preparation – Finance Department. City Council Minutes for January 21, 2015, Continued: Page 5 of 5 Presenters: Karen Scalabrini, Finance Director and Jane Chambers, City Manager. Report was received. 5. PETITIONS AND COMMUNICATIONS Presenter: Mayor Crane. CITY COUNCIL ADJOURNED TO SUCCESSOR AGENCY TO THE UKIAH REDEVELOPMENT AGENCY, FOLLOWED BY CLOSED SESSION AT 10:43 P.M. 14. CLOSED SESSION - Continued a. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1)) Name of case: Ukiah Valley Sanitation District v. City of Ukiah, Mendocino County Superior Court Case No. SCUK-CVC-13-63024 b. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1)) Name of Case: Ukiah v. Cohen et al, Sacramento County Superior Court No. 34-2014- 80001744 c. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1)) Name of case: County of Mendocino v. Solid Waste Systems, Inc., Mendocino County Superior Court Case No. SC-UK-CVG-1159459 d. Conference with Real Property Negotiators (§54956.8) Property: APN 180-070-19 Negotiator: Jane Chambers, City Manager Negotiating Parties: City of Ukiah and RCMC, LLC Under Negotiation: Price & Terms e. Conference with Real Property Negotiators (§54956.8) Property: APN 003-572-17-00 and 003-572-18-00 Negotiator: Jane Chambers, City Manager Negotiating Parties: City of Ukiah and Donna Mae Cooper Under Negotiation: Price & Terms f. Conference with Real Property Negotiators (§54956.8) Property: APN Nos. 002-101-19, 20 & 21 Negotiator: Jane Chambers, City Manager Negotiating Parties: Rural Communities Housing Development Corporation (RCHDC) and City of Ukiah Under Negotiation: Price & Terms No action was taken on Closed Session Items. 15. ADJOURNMENT There being no further business, the meeting adjourned at 11:30 p.m. ________________________________ Kristine Lawler, City Clerk ITEM NO.: MEETING DATE: 7c February 4, 2015 AGENDA SUMMARY REPORT SUBJECT: AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND EXECUTE A 48 MONTH LEASE AND MAINTENANCE AGREEMENT WITH ADVANCE XEROGRAPHICS (LOCAL XEROX AGENT) FOR THE REPLACEMENT OF EXISTING MULTI- FUNCTION COPY MACHINES. The City’s lease agreement for multi-function (copy, print, fax, and scan) machines that currently support operations for Public Safety, Administration, Conference Center and Museum has expired. The machines are networked for employees to maximize efficiency - enabling use directly from their desktops. They are used for multiple purposes, including copying, printing, faxing, scanning, and other production/presentation purposes including three-hole punching, folding, electronic filing, collating and stapling. In November, the City Purchasing Supervisor solicited proposals from the two local copy machine dealers that maintain an office and technician services in Ukiah. Given the multifunction nature for which these machines are now used in the office environment, local maintenance and service support with reliable response times are necessary. Proposals were received from both local companies. A summary chart detailing the proposals is included as Attachment #1. When comparing both price and features, the Xerox units offered by Advance Xerographics provide the best fit and are the most cost effective. Below is a summary of the machines, locations, and fund numbers associated with this proposed agreement. Funds have been budgeted and are available in the accounts referenced. Model Location Estimated Lease & Maintenance Cost Fund number Xerox WC7970PT Civic Center, Main $278.64 per month plus per copy fee 10022500.52100 Xerox WC7970PT Civic Center, Annex $278.64 per month plus per copy fee 10022500.52100 Xerox WC7970PT Public Safety $278.64 per month plus per copy fee 10520210.94500 – 55% 10521210.94500 – 35% 20620231.94500 – 5% 64020213.94500 – 5% Xerox WC7220 Public Safety $142.55 per month plus per copy fee 10520210.94500 – 55% 10521210.94500 – 35% 20620231.94500 – 5% 64020213.94500 – 5% Xerox WC7220 Museum $142.55 per month plus per copy fee 69122700.52100 Xerox WC7970PT Conference Center $278.64 per month plus per copy fee 73022600.94500 Recommended Action(s): Authorize the City Manager to negotiate and execute a 48 month lease and maintenance agreement with Advance Xerographics (local Xerox agent) for the replacement of existing multi-function copy machines. Alternative Council Option(s): Determine that the requested action is not appropriate, or provide further direction to staff. Citizens advised: N/A Requested by: Sage Sangiacomo, Assistant City Manager Prepared by: Mary Horger, Purchasing Supervisor and Sage Sangiacomo, Assistant City Manager Coordinated with: Jane Chambers, City Manager Attachments: Attachment #1 – Proposal Summary Sheet The lease includes maintenance and all consumable products including toner, developer, copy cartridges, fusers and staples. Advance Xerographics will be responsible for all cost of maintenance and repairs, including labor, parts, travel time, mileage, supplies and any other expenses required to maintain the equipment in proper order. Staff is requesting Council’s authorization to enter into a 48 month lease and maintenance agreement with Advance Xerographics to replace the existing multifunction units. Benefits of leasing, as opposed to purchasing the machines, include the option to cancel the lease for such things as non-performance and the option to upgrade to new technology at the end of the lease. Fiscal Impact: x Budgeted FY 14/15 New Appropriation Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested ***PLEASE SEE ABOVE*** Attachment #1 City's Specifications XEROX XEROX XEROX XEROX KYOCERA Model Name/Number: WC7220 WC7830PT WC7855PT WC7970PT TA5551ci Configuration: Print/Scan/Copy/Fax (Y/N)Y Y Y Y Y Copies per month (Current Usage of Machines is up to 35,000 per month) :50,000 duty cycle 90,000 duty cycle 300,000 duty cycle 300,000 duty cycle 225,000 duty cycle Pages per minute (55 cpm black and color minimum): 1) Black 20 ppm 30 ppm 55 ppm 70 ppm 160 ppm duplex and 80 ppm simplex Letter 20 ppm 30 ppm 55 ppm 70 ppm 55 ppm Legal 13 ppm 20 ppm 32 ppm 40 ppm 21 ppm Ledger 11 ppm 17 ppm 27 ppm 35 ppm 27 ppm 12" x 18"n/a 17 ppm 27 ppm 35 ppm 27 ppm 2) Color 20 ppm 30 ppm 50 ppm 70 ppm 160 ppm duplex and 80 ppm simplex Letter 20 ppm 30 ppm 50 ppm 70 ppm 50 ppm Legal 13 ppm 20 ppm 29 ppm 40 ppm 21 ppm Ledger 11 ppm 17 ppm 25 ppm 35 ppm 25 ppm 12" x 18"n/a 17 ppm 25 ppm 35 ppm 27 ppm Copying: Resolution (dpi):600 x 600 1200 x 2400 1200 x 2400 1200 x 2400 600 x 600 Single Pass Duplexing (Y/N) N Y Y Y Y Sheet Insertion (Y/N) Y Y Y Y Y Mixed Originals Mode (Y/N) Y Y Y Y Y Post Sheet Insertion (Y/N) N No-see model WC7970 next page No No Y Simplex/Duplex (Y/N) Y Y Y Y Y Automatic/Manual Reduction and Enlargement (Y/N) (List range.)Y 25% - 400%Y 25% - 400%Y 25% - 400%Y 25% - 400%Y 25% - 400% Printing: Resolution (dpi):2400 X 600 1200 x 2400 1200 x 2400 1200 x 2400 600 X 600 Network Printing (Y/N):Y Y Y Y Y Wireless Printing (Y/N):Y w/optional accessory Y w/optional accessory Y w/optional accessory Y w/optional accessory Y w/optional accessory Scanning: Resolution (dpi):600 x 600 600 X 600 up to 70 image per minute black- and-white and color 600 x 600 up to 80 images per minute (simplex) / up to 160 images per minute (duplex)600 x 600 600 x 600 Scan to PDF (Y/N) Y Y Y Y Y Scan to TIFF (Y/N) Y Y Y Y Y Scan to Folder (SMB) (Y/N) Y Y Y Y Y Scan to e-Mail (Y/N) Y Y Y Y Y Scan to FTP (Y/N) Y Y Y Y Y Scan to USB (Y/N) Y Y Y Y Y WSD Scan (Y/N) Y Y Y Y Y TWAIN Scan (Y/N) Y Y Y Y Y Scan to network drive. (Y/N) Y Y Y Y Y Scan to Box (see Box.com ) City folders (Y/N) Y Y Y Y Y Paper: List paper sizes that can be used:3.5 X 3.9" TO 11 X 17"3.5 X 3.9" TO 12.6 X 19 "3.5 X 3.9" TO 12.6 X 19 "3.5 X 3.9" TO 12.6 X 19 " Statement, invoice, letter, legal, ledger, 5.5 x 8.5, 12 x 18, 12 x 48, European and custom sizes List maximum paper weight that can be used:16 lb bond to 140 lb index/ 60 - 256 gsm 300 gsm 110lb cover stock 300 gsm 110lb cover stock 300 gsm 110lb cover stock 60-300 gsm Use of recycled paper? (Y/N)Y Y Y Y Y Print/Copy directly on "Print-On" Dividers (i.e. Avery #11554 ) (Y/N) Y Y Y Y Y-5, 7 and 8 bar Tab Dividers with Avery #11528 Print banners (12" x 47") Y/N N N N N Y-multiple sized banners Envelopes: Print directly on envelopes, minimum of 500 envelope feed capacity 60 60 60 60 Y-75 pg Envelope capacity. For 500 envelope capability feed, they have included the 4100 printer. List envelope sizes, and maximum feed capacity: #10 Commercial (9.25 x 4.125"), Monarch, DL, C5, 6 x 9 in., Custom sizes: 3.9 x 5.8 in to 6.4 x 9.5 in #10 Commercial (9.25 x 4.125"), Monarch, DL, C5, 6 x 9 in., Custom sizes: 3.9 x 5.8 in to 6.4 x 9.5 in #10 Commercial (9.25 x 4.125"), Monarch, DL, C5, 6 x 9 in., Custom sizes: 3.9 x 5.8 in to 6.4 x 9.5 in Up to 60 envelopes: #10 commercial, Monarch, DL, C5, Large U.S. Postcard, A6, Custom sizes: 3.9 x 5.8 in. to 6.4 x 9.5 in.Up to 75 envelopes, 4100 printer 500 Finishing: Multi-position stapling (Y/N) Y Y Y Y Y Max sheet stapling capability?50 sheets 50 sheets 50 sheets 50 sheets 50 sheets Hole Punch, 2-3 (Y/N) Y Y Y Y Y - Optional* List paper sizes and weight that accommodate hole punching.All sizes up to 300 gsm weight All sizes up to 300 gsm weight All sizes up to 300 gsm weight All sizes up to 200 gsm weight 8-1/2 x 11 - 12" x 18", 13 lb - 110 lb List maximum # of sheets for hole punching.Unlimited Unlimited Unlimited Unlimited Unlimited Saddle Stitch Stapling and Fold (Y/N) Y Y Y Y Y C-Z Folding (Y/N) No - see model WC7970 No - see model WC7970 No - see model WC7970 Y Y - C Folding - Optional* - NO Z FOLDING Booklet Folder/Tri-Fold Unit with minimum output of 4000 sheets. (Y/N) Booklet folder, Yes Tri-fold no see model WC7970 Booklet folder, Yes Tri-fold no see model WC7970 Booklet folder, Yes Tri-fold no see model WC7970 Y/Y Y - Optional* Collator (Y/N) Y Y Y Y Y Sorter (Y/N) Unlimited sorting w/o need for bins.Unlimited sorting w/o need for bins.Unlimited sorting w/o need for bins.Unlimited sorting w/o need for bins.Y USB Port (Y/N) Y Y Y Y Y Store jobs in memory (Y/N) list capacity Yes, 160 GB in memory Yes, 160 GB in memory Yes, 160 GB in memory Yes, 160 GB in memory Y - many hundreds Equipment Maximum # paper sheet capacity (looking for approximately 7500 sheets) 2180 sheets, 5-trays 5140 sheets 5140 sheets 5140 sheets 7650 List included paper drawers and sheet capacities: Trays 1-4; 520 sheets each, 100 sheet bypass tray Tray 1: 520 sheets, Tray 2: 520 sheets, Tray 3: 867 sheets, Tray 4: 1,133 sheets, Hi-cap drawer 2000 sheets Tray 1: 520 sheets, Tray 2: 520 sheets, Tray 3: 867 sheets, Tray 4: 1133 sheets, Hi-cap drawer 2000 sheets Tray 1: 520 sheets, Tray 2: 520 sheets, Tray 3: 867 sheets, Tray 4: 1133 sheets, Hi-cap drawer 2000 sheets Standard - 2 x 500 Universal Drawers + 150 Sheet Bypass 4 x 500 Drawers (Bypass), OPTIONAL CONFIGURATION: 2 X 500 paper & 1500 paper drawers + 150 sheet Bypass* Automatic Document Feeder (Y/N) Y Y - up to 70 image per minute B&W and Color Y Y Y How many sheet capacity? 110 sheets 110 sheets 130 sheets up to 80 images per minute (simplex) / up to 160 images per minute (duplex)130sheets, 133 ipm 100 page document feeder standard (175 page document feeder opitonal) List acceptable size of originals.5.5 x 8.5 in to 11 x 17 in.5.5 x 8.5 in to 11 x 17 in.5.5 x 8.5 in to 11 x 17 in.5.5 x 8.5 in to 11 x 17 in.Statement to 11" x 17" List acceptable weights (Simplex / Duplex) 16 lb bond to 32 lb bond / 50 gsm to 128 gsm 16 lb bond to 32 lb bond / 50 gsm to 128 gsm 16 lb bond to 32 lb bond / 50 gsm to 128 gsm 16 lb bond to 32 lb bond 16 lb to 110 lb bond Equipment to come complete w/stand (Y/N) Y Y Y Y Y Equipment overall outside dimensions: 45.8 W x 25.6 D x 44.6 H 75.7 in W x 27.5 in D x 45.2 in H 75.7 in W x 27.5 in D x 45.2 in H 77.9 in W x 28.6 in D x 45.2 in H Base Unit Dimensions 22.51" x 30.20" x 29.41" Surge Protector Included (Y/N) y Y Y Y Y - an industrial surge protector and line filter is included. Power Requirements 110-127 VAC 110-127 VAC 110-127 VAC 110-127 VAC NEMA part #: 5-20R & NEMA part #: 5-15R 120 v, 60 Hz Technology Requirements: Support of the following: Windows Server 2003 (both 32 bit and x64) (Y/N)Y Y Y Y Y Windows Server 2008 R2 (both 32 bit and x64) (Y/N)Y Y Y Y Y Windows 7 (both 32 bit and x64) (Y/N)Y Y Y Y Y Windows Server 2012 R2 64 Bit (Y/N)Y Y Y Y Y Windows 8.1 (Y/N)Y Y Y Y Y Integration with Windows Active Directory 2008r2 (Y/N)Y Y Y Y Y Mac OS Compatibility (Y/N)Y Y Y Y Y Outright purchase price (FOB Ukiah) EXCLUDING TAX:$4191.00 + $323.00, $430 analyst services (included with lease) $6573.00 + $395, $502 analyst services (included with lease) $7262.00 + $504, $610 analyst services (included with lease) $10,186.00 + $504.00, $610 Analyst services (included with lease)$12,109.94 Lease Price (FOB UKIAH) EXCLUDING TAX: 36 month lease (Price per month):$174.57 $232.79 $273.69 $351.45 $358.44 48 month lease (Price per month):$142.55 $184.57 $216.99 $278.64 $287.00 60 month lease (price per month):$123.52 $155.90 $186.29 $235.36 $239.78 MAINTENANCE: Pricing: B/W price per page:$0.008200 $0.0056 $0.0056 $0.0056 $0.0069 Color price per page:$0.050600 $0.0506 $0.0506 $0.0506 Tiered pricing: 1) $0.0149, 2) $0.0429, 3)$ 0.0689 Other: If purchased outright add $20.00 per month service amount Guaranteed response time for maintenance calls:4 hrs 4 hrs 4 hrs 4 hrs Average of 2 hours and 7 minutes for on-site service calls in the City of Ukiah. List how many technicians service this area, what City is their "home base" and dispatched from.3 technicians, one living in Ukiah 3 technicians, one living in Ukiah 3 technicians, one living in Ukiah 3 technicians, one living in Ukiah 3 are "home based" in Discovery's Ukiah Office located 1 mile away, 3 more are "home based" in Santa Rosa. RFP #E34085 Proposal Comparison -2014- Color Multifunctional Office Machines ITEM NO.: MEETING DATE: 7d February 4, 2015 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF PURCHASE OF JOHN DEERE 5075E TRACTOR FOR THE WASTE WATER TREATMENT PLANT IN THE AMOUNT OF $48,143.87 TO DEERE & COMPANY. Background: The current tractor at the Waste Water Treatment Plant (WWTP) was purchased in the 1980’s. It is used for maintenance of the WWTP, the south 43 acre parcel, levee maintenance of the percolation ponds as well as disking of the ponds. This tractor is in fair condition with a value of approximately $3,000. It will be sold for surplus out of state due to the fact it does not comply with California Air Resources Board (CARB) emission standards. Discussion: Pricing was requested from Belkorp Ag, who is an authorized John Deere reseller. The quote for the equipment is $48,143.87, and is based on the National Purchasing Partners (NPP) competitively bid cooperative contract. NPP is a group purchasing organization offering organizations and associations access to an aggressively priced contract. Although Belkorp Ag provided the quote and will facilitate the sale, the purchase order is required to be issued directly to Deere & Company. Other known, competitively bid contracts were also reviewed. National Joint Powers Alliance (NJPA) offered the same discounting (up to 18% off of list), whereas HGAC-Buy provided a lesser discount (up to 17.5% off of list). As per Municipal Code Section 1522, purchases may be made through cooperative purchasing agreements. The need to replace this piece of equipment is due to its age and the lack of parts available. In addition the current tractor is not large enough to pull all of the equipment needed, especially since the acquisition of the south 43 acres. Fiscal Impact: X Budgeted FY 14/15 New Appropriation Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested $80,000 WWTP Machinery & Equipment 84024425.80100 $0 Recommended Action(s): Approve purchase of a John Deere 5075E tractor for the Waste Water Treatment Plant in the amount of $48,143.87 Alternative Council Option(s): Do not approve the purchase and return to staff with direction Citizens advised: Requested by: Tim Eriksen, Director of Public Works/City Engineer Prepared by: Jarod Thiele, Public Works Project Analyst and Mary Horger, Purchasing Supervisor Coordinated with: Andy Luke, WWTP Supervisor; Dave Kirch, Lead Equipment Mechanic Attachments: 1)Vehicle Replacement Justification; City of Ukiah Fleet Vehicle Justification Proposed Vehicle: John Deere 5075E Utility Tractor Department: Public Works Area of use: Waste Water Treatment Plant (WWTP) Prepared by: Jarod Thiele, Public Works Project Analyst and Dave Kirch, Lead Equipment Mechanic 1 VEHICLE PURPOSE Need for vehicle within Department fleet This tractor will be used at the Waste Water Treatment Plant to maintain the grounds, levee maintenance, disking the percolation ponds and maintenance of the 43 acres to the south. 2 REPLACEMENT JUSTIFICATION 2.1 Current Vehicle Description, Mileage, Funding Source and Market Value The tractor being replaced is #1422. It was purchased in 1980’s.with Sewer funds. Currently it has approximately 2000 hours on it. This vehicle is in fair condition with a value of approximately $3,500. Attachment 1 2.2 Maintenance Costs 2.3 Shared Resources Define any resources currently available within the City of Ukiah fleet which could be utilized for this purpose. No resources are recommended as there is a safety issue with this vehicle Overall Condition, Maintenance Costs, Out of Service Time, Parts Availability, and Associated Safety Issues Overall Mechanical Condition: This vehicle is in fair mechanical condition Maintenance Costs: For the past year this vehicle has incurred minimal costs Out of Service Time: This vehicle is currently designated low use due to not complying with California Air Resource Board (CARB) standards and is limited to 200 hours per year Parts Availability: Parts are no longer available from the factory Associated Safety Issues: This vehicle has a faulty ABS module which causes the brakes to lock up and create a safety issue even on dry pavement. The cost to replace this module is $1,000 but is no longer available 3 PROPOSED VEHICLE SPECIFICATIONS Proposed Vehicle Specifications 2015 John Deere 5075E Utility Tractor 4 ALTERNATIVE FUEL AND CARB REGULATIONS 4.1 Alternative Fuels Availability Proposed Vehicle Alternative Fuels Availability Alternative fueled vehicles for this type of use are not available. 4.2 CARB STANDARDS CARB STANDARDS The current tractor does not meet CARB emission standards ITEM NO.: MEETING DATE: 7e February 4, 2015 AGENDA SUMMARY REPORT SUBJECT: AWARD PURCHASE OF ONE NEW VACTOR TRUCK WITH 10 CUBIC YARD CAPACITY, AND A SINGLE ENGINE DUAL STAGE FAN UNIT WITH 1000 GALLONS OF WATER, MOUNTED ON A 2016 FREIGHTLINER 114SD 4X2 WITH A CUMMINS ISL 370 HP ENGINE TO OWEN EQUIPMENT FOR THE WATER SEWER DEPARTMENT IN THE TOTAL AMOUNT OF $404,626.46 AND APPROVE BUDGET TRANSFER AND AMENDMENT. Submitted for the City Council’s consideration and action is Staff’s recommendation to award the purchase of a new Vactor Truck with a 10-cubic yard capacity, single engine dual stage fan unit with 1000 gallons of water, mounted on a 2016 Freightliner 114SD 4x2 with Cummins ISL 370 HP Engine, Allison 3000 RDS Transmission in the amount of $404,626.78 to Owen Equipment. Owen Equipment provided a quote on December 22, 2014 based on the National Joint Powers Alliance (NJPA) agreement #022014-FSC, which is a national, competitively bid cooperative purchasing agreement. Purchasing staff also checked with HGAC-Buy who has an agreement with Owen Equipment as well, but the price utilizing that agreement was $420,900.35 for the same chassis. As per Municipal Code Section 1522, purchases may be made through cooperative purchasing agreements such as NJPA or HGAC-Buy. This purchase would replace the existing 1997 Vactor Combination Jet/Vac truck which is used for maintenance of the water distribution and sewer collection systems. This equipment has both pumping and jetting capabilities and is used to keep all of the sewer main lines free from blockages. It is also used for cleaning of lift stations and catch basins where heavy grit, sediment, sludge and other semi- solid and wet solid removal is needed. This is an essential piece of equipment, necessary in an emergency, for clearing any blockage and for cleaning up the area to help reduce any potential fines. Fiscal Impact: Budgeted FY 14/15 X New Appropriation Not Applicable X Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested $0 Water Fund 82024414.80100 $202,313.23 $0 Sewer Fund 84024421.80100 $202,313.23 Recommended Action(s): Award the purchase of Vactor Truck to Owen Equipment in the amount of $404,626.78 utilizing the NJPA Contract #022014-FSC Alternative Council Option(s): Reject award recommendation and provide direction to Staff. Citizens advised: N/A Requested by: Tim Eriksen, Director of Public Works and City Engineer Prepared by: Mary Williamson, Buyer; Jarod Thiele, Public Works Project Analyst; Dave Kirch, Lead Equipment Mechanic Coordinated with: Tim Eriksen, Public Works Director and Mary Horger, Purchasing Supervisor Attachments: 1) Vehicle Justification The State of California Air Resource Board rules require the City’s current Vac-Con truck be retrofitted or replaced with a machine that meets the current emission requirements. This vehicle is currently used minimally due to the costly amount of repairs needed and the fact it is not in compliance with diesel emissions regulations. In order for it to comply with California Air Resources Board (CARB) standards, it would require approximately $150,000 to re-power both engines. This vehicle has a current value of approximately $10,000 and will have to be sold out-of-state because it does not comply with CARB emission standards. The current vehicle is in fair to poor mechanical condition. For the past year, this vehicle has incurred approximately $15,000 in parts and labor costs. In addition, it needs approximately another $25,000 of repairs for parts plus labor. Staff has evaluated several different machines and tested them in the field. The Vactor design has been determined to be the best choice for our operation. Funds for this have been appropriated to the Equipment Replacement Fund for the last 3 fiscal years. Currently there is $403,461 for sewer equipment replacement and $280,000 for water equipment replacement. City of Ukiah Fleet Vehicle Justification Proposed Vehicle: 2016 Freightliner 114SD 4X2 with Cummins ISL 370 HP Engine, Allison 3000 RDS Transmission, 10-Cubic Yard Capacity, Single Engine Dual Stage Fan unit with 1000 Gallons of Water, mounted on a. Department: Public Works Area of use: Water and Sewer Divisions Prepared by: Jarod Thiele, Public Works Project analyst and Dave Kirch Lead Equipment Mechanic 1 VEHICLE PURPOSE Need for vehicle within Department fleet This vehicle will be used daily for all of the Water and Sewer Divisions maintenance of the water distribution and waste water collection systems 2 REPLACEMENT JUSTIFICATION 2.1 Current Vehicle Description, Mileage, Funding Source and Market Value The vehicle being replaced is #2513. It was purchased in 1997 with Water and Sewer funds. Currently it has 8500 hours on it and 52,000 miles. This vehicle is in fair to poor condition with a value of approximately $40,000. However there is a large amount of repairs needed. Attachment 1 2.2 Maintenance Costs 2.3 Shared Resources Define any resources currently available within the City of Ukiah fleet which could be utilized for this purpose. This vehicle will have to be sold out of state as it does not comply with CARB emissions standards. Overall Condition, Maintenance Costs, Out of Service Time, Parts Availability, and Associated Safety Issues Overall Mechanical Condition: This vehicle is in fair to poor mechanical condition. Currently this vehicle needs a new Hydrostatic Pump, 3-Stage Fan assembly as well as a new boom turret and pins. The estimated cost of these repairs is approximately $25,000 plus labor. Maintenance Costs: For the past year this vehicle has incurred approximately $15,000 in parts and labor costs. Out of Service Time: This vehicle is currently used minimally due to diesel emission requirements. In order for it to comply with California Air Resources Board (CARB) standards would cost approximately $150,000 to re-power both engines in addition to the repairs mentioned above. Parts Availability: Most parts are available from the factory Associated Safety Issues: The boom turret could cause a safety issue. 3 PROPOSED VEHICLE SPECIFICATIONS Proposed Vehicle Specifications 10-Cubic Yard Capacity, Single Engine Dual Stage Fan unit with 1000 Gallons of Water, mounted on a 2016 Freightliner 114SD 4X2 with Cummins ISL 370 HP Engine, Allison 3000 RDS Transmission. 4 ALTERNATIVE FUEL AND CARB REGULATIONS 4.1 Alternative Fuels Availability Proposed Vehicle Alternative Fuels Availability Alternative fueled vehicles for this type of use are not available. 4.2 CARB STANDARDS CARB STANDARDS The current vehicle #2513 does not meet CARB Standards. ITEM NO.: MEETING DATE: 13a February 4, 2015 AGENDA SUMMARY REPORT SUBJECT: AWARD OF CONTRACT FOR PERKINS STREET UNDERGROUND DISTRICT #2, SPECIFICATION NO. 14-15 TO COASTSIDE CONCRETE IN THE AMOUNT OF $619,220.00 (EUD). Summary: The City of Ukiah Electric Department is requesting the award of contract for the Perkins Street Underground District #2, Specification No. 14-15, to Coastside Concrete for the total bid amount of $619,220.00. Discussion: On March 5, 2014, the Ukiah City Council approved Perkins Street Underground District #2, a City improvement project to enhance the beauty of our Community. Council approved the plans and specifications for this project on December 3, 2014. Following the approval, the City distributed the plans and specifications to the required builders’ exchanges, publicly advertised this project in the Ukiah Daily Journal, sent copies of the Notice to Bidders to all licensed Class A contractors on the City’s 2014 Qualified Contractors List, and posted them to the City’s website. The City Clerk opened bids on January 13, 2015, with four bidders responding. Attached is a copy of the Bid Tabulation for Council’s review. Staff is recommending award to Coastside Concrete for $619,220.00. If the contract is awarded, construction will be scheduled to start in early March 2015. This contract will install the required electric, phone and cable TV substructures (conduits and vaults) from State Street to Pomeroy Street. The new conduit system will connect to existing underground facilities that are already in place. The connection between the new and old duct system will provide a pathway for all utilities to underground the overhead facilities. In addition, this contract installs the necessary LED streetlights to facilitate the overhead lighting system removal. Since this project is a shared benefit for all utilities, the cost for some portions of the project would be divided according to space occupied, footage of trench and number of utilities. Whereas, if only one utility occupies the trench, that utility would pay the entire cost to install substructures. Continued on Page 2 Recommended Action(s): Award of Contract for Perkins Street Underground District #2, Specification No. 14-15 to Coastside Concrete in the Amount of $619,220.00 (EUD). Alternative Council Option(s): (1) Reject Approval, (2) provide Staff with other direction. Citizens advised: Requested by: Mel Grandi, Electric Utility Director Prepared by: Al Smatsky, Electric System Designer Coordinated with: Jane Chambers, City Manager, David Rapport, City Attorney, and Mary Horger, Purchasing Supervisor Attachments: Bid Tabulation The Underground District No. 2 construction is divided into four major phases: Phase 1: Conduit and vault installation contract, Specification No. 14-15 (this ASR request). Phase 2: Electric Utility: transfer facilities from overhead to underground. Phase 3: Cable TV, Comcast: transfer facilities underground. Phase 4: Telephone, AT&T: transfer facilities undergrounded and pole removal. Once each phase (2-4) of underground construction is completed, the customer will be connected to the new underground facilities and the overhead system removed. The anticipated completion date is December 31 2015. Fiscal Impact: Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested $675,000 Electric Underground-Infrastructure 80026120.80230 $295,000 Electric Street Lighting-Infrastructure 80526610.80230 Subject: Meeting Date: Page 2 of 2 X Budgeted FY 14/15 New Appropriation Not Applicable Budget Amendment Required Item #Ite Item Description Quantity UOM Unit Price Item Total Unit Price Item Total Unit Price Item Total Unit Price Item Total 1 EXCAVATE, TRENCH, BACKFILL AND COMPACTION (12”X36” STREET TRENCH)2000 LF $14.00 $28,000.00 $64.00 $128,000.00 $124.75 $249,500.00 $46.00 $92,000.00 2 EXCAVATE, TRENCH, BACKFILL AND COMPACTION (12”X36” OFF-STREET TRENCH)300 LF $10.00 $3,000.00 $91.30 $27,390.00 $223.67 $67,101.00 $45.00 $13,500.00 3 EXCAVATE, TRENCH, BACKFILL AND COMPACTION (18”X48” STREET TRENCH)120 LF $18.00 $2,160.00 $113.00 $13,560.00 $128.15 $15,378.00 $85.00 $10,200.00 4 EXCAVATE, TRENCH, BACKFILL AND COMPACTION (18”X59” STREET TRENCH)675 LF $25.00 $16,875.00 $94.40 $63,720.00 $162.33 $109,572.75 $80.00 $54,000.00 5 EXCAVATE, TRENCH, BACKFILL AND COMPACTION (18”X59” OFF-STREET TRENCH)110 LF $22.00 $2,420.00 $108.00 $11,880.00 $147.44 $16,218.40 $90.00 $9,900.00 6 EXCAVATE, TRENCH, BACKFILL AND COMPACTION (24”X59” STREET TRENCH)400 LF $30.00 $12,000.00 $94.00 $37,600.00 $133.67 $53,468.00 $99.00 $39,600.00 7 EXCAVATE, TRENCH, BACKFILL AND COMPACTION (24”X59” OFF-STREET TRENCH)325 LF $27.00 $8,775.00 $72.50 $23,562.50 $125.55 $40,803.75 $62.00 $20,150.00 8 EXCAVATE, TRENCH, BACKFILL AND COMPACTION (30”X59” OFF-STREET TRENCH)60 LF $30.00 $1,800.00 $218.00 $13,080.00 $245.35 $14,721.00 $100.00 $6,000.00 9 REMOVE AND REPLACE ASPHALT CONCRETE (12” TRENCH)4000 SF $8.00 $32,000.00 $26.00 $104,000.00 $27.70 $110,800.00 $34.00 $136,000.00 10 REMOVE AND REPLACE ASPHALT CONCRETE (18” TRENCH)1325 SF $8.00 $10,600.00 $43.00 $56,975.00 $23.16 $30,687.00 $36.00 $47,700.00 11 REMOVE AND REPLACE ASPHALT CONCRETE (24” TRENCH)375 SF $9.00 $3,375.00 $115.00 $43,125.00 $24.25 $9,093.75 $45.00 $16,875.00 12 1” PVC SCH 40 CONDUIT (COMCAST) INCLUDING INSTALLATION 240 FT $10.00 $2,400.00 $1.90 $456.00 $2.54 $609.60 $7.00 $1,680.00 13 2” PVC SCH 40 CONDUIT (COMCAST) INCLUDING INSTALLATION 6700 FT $12.00 $80,400.00 $1.75 $11,725.00 $2.64 $17,688.00 $7.50 $50,250.00 14 3” PVC SCH 40 CONDUIT (COMCAST) INCLUDING INSTALLATION 120 FT $14.00 $1,680.00 $9.70 $1,164.00 $4.49 $538.80 $10.00 $1,200.00 15 2” PVC SCHE 40 CONDUIT (AT&T) INCLUDING INSTALLATION 520 FT $12.00 $6,240.00 $1.35 $702.00 $2.87 $1,492.40 $8.00 $4,160.00 16 4” PVC SCH 40 CONDUIT (AT&T) INCLUDING INSTALLATION 1660 FT $18.00 $29,880.00 $17.90 $29,714.00 $4.57 $7,586.20 $11.00 $18,260.00 17 2” PVC SCH 40 CONDUIT INCLUDING INSTALLATION (ELECTRIC)190 FT $12.00 $2,280.00 $2.40 $456.00 $4.51 $856.90 $9.00 $1,710.00 18 3” PVC SCH 40 CONDUIT INCLUDING INSTALLATION (ELECTRIC)510 FT $14.00 $7,140.00 $1.00 $510.00 $3.85 $1,963.50 $9.50 $4,845.00 19 4” PVC SCH 40 CONDUIT INCLUDING INSTALLATION (ELECTRIC)2550 FT $18.00 $45,900.00 $3.80 $9,690.00 $6.08 $15,504.00 $10.50 $26,775.00 20 6’ PVC SCH 40 CONDUIT INCLUDING INSTALLATION (ELECTRIC)960 FT $22.00 $21,120.00 $9.25 $8,880.00 $11.01 $10,569.60 $14.00 $13,440.00 21 SIDEWALK REMOVAL AND REPLACEMENT FOR INSTALLATION OF ELECTRIC, CABLE & AT&T VAULTS AND BOXES 840 SF $18.00 $15,120.00 $38.00 $31,920.00 $14.71 $12,356.40 $60.00 $50,400.00 22 EXCAVATE, BACKFILL, COMPACT AND INSTALL CABLE SERVICE VAULTS B48 (COMCAST)7 EA $2,750.00 $19,250.00 $608.00 $4,256.00 $3,978.00 $27,846.00 $2,650.00 $18,550.00 23 EXCAVATE, BACKFILL, COMPACT AND INSTALL CABLE SERVICE VAULTS N36 (COMCAST)6 EA $1,000.00 $6,000.00 $634.00 $3,804.00 $1,365.00 $8,190.00 $2,450.00 $14,700.00 24 EXCAVATE, BACKFILL, COMPACT AND INSTALL CABLE SERVICE VAULTS N30 (COMCAST)8 EA $750.00 $6,000.00 $603.00 $4,824.00 $1,029.00 $8,232.00 $2,000.00 $16,000.00 25 EXCAVATE, BACKFILL, COMPACT AND INSTALL CABLE SERVICE VAULTS K243630AT (AT&T)7 EA $3,000.00 $21,000.00 $879.00 $6,153.00 $4,732.00 $33,124.00 $3,500.00 $24,500.00 26 EXCAVATE, BACKFILL, COMPACT AND INSTALL CONCRETE VAULT (CITY TO PROVIDE VAULT 94) (SPECIAL)1 EA $10,000.00 $10,000.00 $2,433.00 $2,433.00 $18,708.00 $18,708.00 $1,400.00 $1,400.00 27 EXCAVATE, BACKFILL, COMPACTION AND INSTALL PEDESTEL BOX PAD (CITY TO PROVIDE)4 EA $5,000.00 $20,000.00 $975.00 $3,900.00 $1,768.00 $7,072.00 $750.00 $3,000.00 28 EXCAVATE, BACKFILL, COMPACTION AND INSTALL TRANSFORMER BOX PAD (CITY TO PROVIDE)2 EA $7,500.00 $15,000.00 $1,038.00 $2,076.00 $2,814.00 $5,628.00 $700.00 $1,400.00 29 EXCAVATE, BACKFILL, COMPACTION AND INSTALL PADMOUNT SWITCH BOX PAD (CITY TO PROVIDE)3 EA $5,000.00 $15,000.00 $898.00 $2,694.00 $3,720.00 $11,160.00 $900.00 $2,700.00 30 EXCAVATE, BACKFILL, COMPACTION AND INSTALL SECONDARY SERVICE BOX(CITY TO PROVIDE)4 EA $5,000.00 $20,000.00 $1,111.00 $4,444.00 $377.00 $1,508.00 $700.00 $2,800.00 31 DRIVEWAY, SIDEWALK AC REMOVAL AND REPLACEMENT BEHIND RIGHT-A-WAY ALONG PERKINS STREET (RESIDENTIAL 1 LS $25,000.00 $25,000.00 $46,822.00 $46,822.00 $40,470.00 $40,470.00 $15,000.00 $15,000.00 32 LANDSCAPE REMOVAL AND REPLACEMENT-PERKINS STREET AND ORCHARD AVENUE 1 LS $15,000.00 $15,000.00 $12,018.00 $12,018.00 $6,847.00 $6,847.00 $10,000.00 $10,000.00 33 LANE STRIPING 200 FT $15.00 $3,000.00 $30.00 $6,000.00 $2.32 $464.00 $13,000.00 $2,600,000.00 34 TRAFFIC LOOP REPAIR 1 LS $7,500.00 $7,500.00 $7,811.50 $7,811.50 $5,562.00 $5,562.00 $7,500.00 $7,500.00 35 1” HDPE CONDUIT INCLUDING INSTALLATION 1700 FT $25.00 $42,500.00 $36.00 $61,200.00 $96.91 $164,747.00 $48.00 $81,600.00 36 STREETLIGHT FOUNDATIONS INCLUDING REMOVAL AND REPLACEMENT OF SIDEWALK AND INSTALLATION OF STREETLIGHT STANDARD AND LUMINAIRE 20 EA $1,200.00 $24,000.00 $2,936.00 $58,720.00 $3,393.00 $67,860.00 $4,000.00 $80,000.00 37 INSTALL STREETLIGHT JUNCTION BOXES AND MAKE ELECTRIC CONNECTIONS 20 EA $950.00 $19,000.00 $216.00 $4,320.00 $745.00 $14,900.00 $1,500.00 $30,000.00 38 #8 AWG THWN INCLUDING INSTALLATION 6000 FT $2.09 $12,540.00 $2.10 $12,600.00 $4.47 $26,820.00 $2.20 $13,200.00 39 #12 AWG THWN INCLUDING INSTALLATION 2700 FT $1.95 $5,265.00 $1.50 $4,050.00 $8.86 $23,922.00 $1.80 $4,860.00 2285 Morello Avenue Pleasant Hill, CA 94595 PERKINS STREET UNDERGROUNDING PROJECT Owner: City of Ukiah Bid Opening: 01/13/15 Coastside Concrete G.D. Nielson Construction Inc.Herman Weissker ETIC, Inc. BID SCHEDULE 147 Camino Oruga Napa, CA 94558 1645 Brown Avenue Riverside, CA 92509 6050 Commerce Blvd Suite 203 Rohnert Park, CA 95407 $619,220.00 $866,235.00 $1,259,569.05 $3,545,855.00 $619,220.00 $866,235.00 $1,259,569.05 $3,545,855.00 Bid List Total Bid Amount Listed Subs Advanced Cutting & Paving 6526 Alyssa Ct San Jose, CA 95138 Cotati, CA 94931 DC Electric 8023 Gravenstein Hwy S Cotati, CA 94931 Striping Graphics 501 Aaron Street W. Bradley Electric Novato, CA Long's Directional Boring 1476 Bodie Place Norco, CA 92860 SHN Engineers & Geologists 335 S Main St Willtis, CA 95490 Statewide Traffic Safety Fairfield, CA A-Z Construction Calpella, CA Oden & Doucette, Inc. American Canyon, CA J.A. Gonsalves & Sons Napa, CA Saint Francis Electric 1001 Carden Street San Leandro, CA 94577 ITEM NO.: MEETING DATE: CC 13b & SA 7a February 4, 2015 CITY OF UKIAH & SUCCESSOR AGENCY TO THE FORMER UKIAH REDEVELOPMENT AGENCY AGENDA SUMMARY REPORT SUBJECT: CONSIDER APPROVAL OF RESOLUTION(S) AUTHORIZING THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF UKIAH AND THE CITY OF UKIAH TO RE-ENTER INTO A FUNDING AGREEMENT FOR PUBLIC INFRASTRUCTURE IMPROVEMENTS FOR THE REDWOOD BUSINESS PARK, DATED MARCH 8, 2011 AS AUTHORIZED BY THE OVERSIGHT BOARD IN RESOLUTION NUMBER 2012-08. Background: On March 8, 2011, the City of Ukiah (“City”) and the former Ukiah Redevelopment Agency (“Agency”) approved an Amended Funding Agreement (Exhibit A to Attachment #1) under which the City agreed to be responsible for the design and construction of public improvements within and around the Redwood Business Park (“RBP”) that are necessary for the continued economic vitality of the Park. The Agency agreed to pay the City not to exceed $6 million for the cost of performing the City’s obligations under the agreement. The funding amount was based on engineering estimates that had been prepared for all of the improvements required in the RBP, including improvements to Airport Park Boulevard, Talmage Road, Airport Road, Hastings Avenue, utilities, signalization, and the Talmage Road/Highway 101 interchange. The Agreement constitutes an indebtedness of the Agency and a pledge of the Agency’s Tax Increment revenues. The Agreement obligated the Agency to pay this money to the City for the public infrastructure improvements from any funds available to the Agency, including the proceeds of any bonds issued by the Agency and/or Tax Increment revenue to the Agency from the project area. The Agency planned to utilize a combination of bond proceeds from Tax Allocation Bonds that it issued in Continued on Page 2 Recommended Action(s): Approve corresponding resolution (Attachment #2 for the City of Ukiah and Attachment #3 for the Successor Agency) authorizing the Successor Agency to the former Redevelopment Agency of the City of Ukiah and the City of Ukiah to re-enter into a funding agreement for public infrastructure improvements for the Redwood Business Park, dated March 8, 2011 as authorized by the Oversight Board in Resolution Number 2012-08. Alternative Council Option(s): If necessary, provide any other related direction to staff. Citizens advised: N/A Requested by: N/A Prepared by: David Rapport, City Attorney and Sage Sangiacomo, Assistant City Manager Coordinated with: Jane Chambers, City Manager/Executive Director Attachments: 1. OB Resolution authorizing the City and Successor Agency to re-entering the March 8, 2011 Amended Funding Agreement 2. City of Ukiah Resolution authorizing re-entering into the March 8, 2011 Restated funding agreement for Public Infrastructure Improvement for the RBP 3. Successor Agency Resolution authorizing re-entering into the March 8, 2011 Restated funding agreement for Public Infrastructure Improvement for the RBP Subject: Re-entered Amended Funding Agreement Meeting Date: February 4, 2015 Page 2 of 2 March 2011, the proceeds from the sale of the land owned by the Agency within the RBP and funds that were in the Agency’s reserves. Discussion: Except for loans made within the first two years of the formation of a redevelopment agency (“RDA”) or loans related to issued instruments of indebtedness, such as bonds, Health and Safety Code §34171(d)(2) excludes from the definition of “enforceable obligations” agreements between a city and an RDA. Under the law dissolving redevelopment agencies only enforceable obligations are entitled to funding from the income or assets of a successor agency to an RDA. However, the law at the time did provide for such agreements to be entered or re-entered with the appropriate oversight board approval pursuant to Health and Safety Code §34178(a) and §34180(h). Health and Safety Code §34178(a) stated that agreements between a city and an RDA are “invalid and shall not be binding on the successor agency; provided, however, that a successor entity wishing to enter or reenter into agreements with the city…that formed the redevelopment agency that it is succeeding may do so upon obtaining the approval of its oversight board.” Health and Safety Code §34180(h) required the oversight board to first approve any successor agency action to enter or re-enter into an agreement with the city that formed the redevelopment agency that it is succeeding. On June 13, 2012, the Oversight Board considered and approved a resolution to reauthorizing the Successor Agency to reenter the previously approved Funding Agreement for public improvements for the Redwood Business Park (Attachment #1). On June 14, 2012, the Successor Agency emailed a notice of the Ukiah Oversight Boards agenda, minutes, and actions from the June 13, 2012 meeting to the Mendocino County Auditor-Controller, the State of California Controller, and the State of California Department of Finance and posted all of these materials for review on the Oversight Board/Successor Agency’s web-site. Under Health and Safety Code Section 34179(h), the resolution of the Oversight Board did not become effective for three business days after it was adopted. During those three days, the action would not become effective, if the Department of Finance requested review of the resolution. The three day period expired on June 19, 2012. The Successor Agency did not receive any request from the Department of Finance for review of the resolution. Accordingly, the resolution became effective on June 20, 2012, and the Successor Agency and City Council were thereafter authorized under the law in effect at that time to reenter the March 8, 2011, an Amended Funding Agreement (Exhibit A to Attachment #1). The corresponding resolutions for the City and Successor Agency authorizing the parties to reenter the Amended Funding Agreement (Exhibit A to Attachment #1) are contained in Attachment #2 and #3. The City Council and Successor Agency previously approved re-entering the agreement on June 20, 2012. However, the payment schedule in the agreement was modified from the original March 8, 2011, agreement. To avoid any question that the Successor Agency and the City are reentering the agreement approved by the Oversight Board, staff is recommending the Council and Agency authorize re-entering the exact agreement approved by the Oversight Board. If approved, the agreement will be included as an enforceable obligation on the next recognized obligation schedule that must be submitted to the Department of Finance on March 3, 2015. Attachment #2 THE CITY OF UKIAH RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING RE-ENTERING THE FIRST AMENDED FUNDING AGREEMENT FOR PUBLIC INFRASTRUCTURE IMPROVEMENTS FOR THE REDWOOD BUSINESS PARK, DATED MARCH 8, 2011, BETWEEN THE DISSOLVED REDEVELOPMENT AGENCY AND THE CITY OF UKIAH AS AUTHORIZED IN RESOLUTION NUMBER 2012-08 BY THE OVERSIGHT BOARD FOR THE SUCCESSOR AGENCY WHEREAS, the City Council of the City of Ukiah (“City”) approved and adopted the Redevelopment Plan for the Ukiah Redevelopment Project (“Redevelopment Plan”) covering certain properties within the City (the “Project Area”); and WHEREAS, the Community Redevelopment Agency of the City of Ukiah (“Dissolved Agency”) was engaged in activities to execute and implement the Redevelopment Plan pursuant to the provisions of the California Community Redevelopment Law (Health and Safety Code § 33000, et seq.) (“CRL”); and WHEREAS, since adoption of the Redevelopment Plan, the Dissolved Agency had undertaken redevelopment projects in the Project Area to eliminate blight, to improve public facilities and infrastructure, to renovate and construct affordable housing, and to enter into partnerships with private businesses to create jobs and expand the local economy; and WHEREAS, the Dissolved Agency adopted a five year implementation plan that included infrastructure improvements to facilitate full development of the Redwood Business Park; and WHEREAS, the Dissolved Agency was involved in the preparation of and approved an Exclusive Negotiating Agreement (“ENA”) with Costco Wholesale Corporation at the Redwood Business Park in an effort to assist in the elimination of economic and physical blight through focused and intense efforts by encouraging new business investment, commercial tenancy and job creation in this only partially developed commercial area to enhance the community; and WHEREAS, in furtherance of its effort to eliminate economic and physical blight in the project area, the Dissolved Agency expended over $3.3 Million to assemble acreage previously owned by multiple owners (“the assembled acreage”) and entered into other agreements with property owners in the Redwood Business Park in order to facilitate the development of the Redwood Business Park and the elimination of economic and physical blight; and WHEREAS, under the ENA, the Dissolved Agency was obligated to negotiate in good faith and enter a disposition and development agreement with Costco under specified terms, if Costco obtains the necessary entitlements to construct and open its store on the assembled acreage; and 1 WHEREAS, the Dissolved Agency entered a substantial number of contracts and expended in excess of $430,021 for various studies and engineering services to plan and design the planned infrastructure improvements for the RBP; and WHEREAS, the Dissolved Agency issued tax allocation bonds that closed on March 9, 2011, in part, to fund the Public Improvements; and WHEREAS, the Bond Indenture for the tax exempt bonds represents a contract with third parties that specifically obligates the Successor Agency to use the bond proceeds for redevelopment projects, as specifically described in the bond documents, including the Redwood Business Park infrastructure improvements; and WHEREAS, Section 10.07(a) of the 2011 Supplemental Bond Indenture requires $4,392,288.33 to be deposited in the 2011 Redevelopment Fund and Section 10.08 requires moneys in the Redevelopment Fund to be used “solely for the purpose of aiding in financing the Redevelopment Project” and provides that: “The Agency covenants that no funds on deposit in the Redevelopment Fund shall be applied for any purpose not authorized by the Law and the provisions of this Indenture”; and WHEREAS, the Dissolved Agency desired to cooperate with the City in its efforts to improve transit service and entered into a Funding Agreement on March 8, 2011, and pledged funding in an amount not to exceed SIX MILLION DOLLARS ($6,000,000) (“Agency Contribution”) to enable the City to design and build the Public Improvements to benefit the Redevelopment Project Area; and WHEREAS, as part of the 2011-12 State budget bill, the California Legislature enacted, and the Governor signed, companion bills AB 1X 26 and AB 1X 27, requiring that each redevelopment agency be dissolved unless the community that created it enacts an ordinance committing it to making certain payments; and WHEREAS, on August 3, 2011, the Ukiah City Council adopted as an urgency ordinance, effective upon its adoption, Urgency Ordinance #1131 which approved the community’s participation in the Alternative Voluntary Redevelopment Program defined by ABx1 27 to enable a redevelopment agency to remain in existence and carry out the provisions of California Redevelopment Law; and WHEREAS, a Petition for Writ of Mandate was filed in the Supreme Court of the State of California on July 18, 2011 (California Redevelopment Association, et al. v. Ana Matosantos, et al., Case No. S194861), challenging the constitutionality of AB 1X 26 and AB 1X 27 on behalf of cities, counties and redevelopment agencies and requesting a stay of enforcement; and WHEREAS, on August 11, 2011, and modified on August 17, 2011, the Supreme Court stayed portions of AB 1X 26, and AB 1X 27 in its entirety during the pendency of the matter; and WHEREAS, on December 29, 2011, the Supreme Court issued its final decision in the aforesaid litigation, upholding AB 1X 26, invalidating AB 1X 27, and extending all statutory deadlines under AB 1X 26, essentially dissolving all redevelopment agencies throughout the State effective February 1, 2012; and 2 WHEREAS, AB 1X 26 further provides that, upon their dissolution, any property taxes that would have been allocated to redevelopment agencies will no longer be deemed tax increment, and will be allocated first to successor agencies to make payments on the existing indebtedness and enforceable obligations of the dissolved redevelopment agencies, with remaining balances allocated in accordance with applicable constitutional and statutory provisions; and WHEREAS, AB 1X 26 provides that successor agencies be designated as successor entities to the former redevelopment agencies, and provides that, with certain exceptions, all authority, rights, powers, duties and obligations previously vested with the former redevelopment agencies, under the CRL, are vested in the successor agencies; and WHEREAS, on January 8, 2012, the City Council of the City of Ukiah (“Council”) adopted Resolution No. 2012-04 designating the City as the Successor Agency to the Dissolved Agency (“Successor Agency”); and WHEREAS, on March 8, 2011, months prior to the Governor signing the Dissolution Act into law, the City and the now Dissolved Agency entered into the First Amended Funding Agreement for public infrastructure improvement projects for the Redwood Business Park (“Funding Agreement”) whereby the City agreed to carry out certain activities described in the Dissolved Agency’s redevelopment plan and its Implementation Plan in exchange for a pledge of assets from the Dissolved Agency; and WHEREAS, the Funding Agreement represents a means whereby funds from the now Dissolved Agency would be made available to the City to complete the Public Improvements for the Redwood Business Park, including, but not limited to, the proceeds from the Series A 2011 Tax Allocation Bonds, loans, and Tax Increment from the Redevelopment Project Area; and WHEREAS, the Funding Agreement entered into by the City and Dissolved Agency was enacted in accordance with then-existing redevelopment law as a legal and binding obligation prior to the approval of ABx1 26 on June 28, 2011; and WHEREAS, the Funding Agreement was declared to constitute an indebtedness of the Dissolved Agency and a pledge of the Dissolved Agency’s Tax Increment revenues; and WHEREAS, under Health and Safety Code Section 34178(a), as it read prior to June 28, 2011, such agreements became enforceable obligations if their reentry was approved by the appropriate oversight board pursuant to Health and Safety Code §34178(a) and §34180(h); and WHEREAS, the Oversight Board for the Successor Agency to the Dissolved Agency (“Oversight Board”) reviewed the Funding Agreement as presented by Successor Agency staff at the Oversight Board meeting of June 13, 2012, and reviewed and considered written and oral comments from the Successor Agency and public relating thereto; and WHEREAS, the Oversight Board approved Resolution Number 2012-08 on June 13, 2012 which authorized the Successor Agency to re-enter into the Funding Agreement; and WHEREAS, on June 14, 2012, the Successor Agency emailed a notice of the Ukiah Oversight Boards agenda, minutes, and actions from the June 13, 2012 meeting to the Mendocino County Auditor-Controller, the State of California Controller, and the State of 3 California Department of Finance and posted all of these materials for review on the Oversight Board/Successor Agency’s web-site; and WHEREAS, under Health and Safety Code Section 34179(h), the resolution of the Oversight Board would not become effective for three business days pending a potential request for a review by the Department of Finance; and WHEREAS, the three day review period expired on June 19, 2012, and the Successor Agency did not receive any request from the Department of Finance for review of the resolution; and WHEREAS, the Oversight Board Resolution No. 2012-08 became effective on June 20, 2012, which authorizes the Successor Agency and City Council to re-enter the Funding Agreement; and WHEREAS, on June 20, 2012, the City Council and Successor Agency approved re- entering the Funding Agreement with the only substantive change in paragraph 4, changing the initial payment by the Dissolved Agency to the City from $3,306,195 to a payment of $1,700,138.83 by the Successor Agency; and WHEREAS, the Successor Agency and the City intended on June 20, 2012, to reenter the agreement as approved by the Oversight Board in Resolution No. 2012-08; and WHEREAS, no funds have been advanced by the Dissolved Agency or the Successor Agency and retained by the City pursuant to Section 4 of the Funding Agreement; and WHEREAS, the Successor Agency and the City can fully perform the Funding Agreement as approved by the Oversight Board in Resolution No. 2012-08; and WHEREAS, the City shall be responsible for conducting environmental review prior to its approval of the Public Improvements, and as a prerequisite for funding made available from the Funding Agreement; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah hereby finds, resolves, and determines 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. CEQA Compliance. The approval for the City to enter into the Funding Agreement does not commit the City to any action that may have a significant effect on the environment. As a result, such action does not constitute a project subject to the requirements of the California Environmental Quality Act. SECTION 3. Approval to Re-enter into Funding Agreement. Pursuant to the Oversight Board’s approval in its Resolution No. Number 2012-08, the City of Ukiah hereby re- enters the First Amended Funding Agreement with the Successor Agency to the former Redevelopment Agency of the City of Ukiah for public infrastructure improvement projects for the Redwood Business Park, dated March 8, 2011, a true and correct copy of which is attached hereto as Exhibit A. The specific public improvements to be designed and constructed are set forth in the attached Exhibit B. 4 SECTION 4. Implementation. The City Council directs the City Manager to take all steps and actions necessary to implement this Resolution and the Funding Agreement on behalf of the City of Ukiah. SECTION 5. Severability. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council declares that the City of Ukiah would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution. SECTION 6. Certification. The City Clerk of the City of Ukiah shall certify to the adoption of this Resolution. SECTION 7. Effective Date. This Resolution becomes effective upon its adoption. PASSED, APPROVED AND ADOPTED at a meeting of the City Council of the City of Ukiah on February 4, 2015, by the following roll call vote: AYES: NOES: ABSENT: ABSTAINED: ________________________________ Douglas F. Crane, Chairperson ATTEST: ________________________________ Cathy Elawadly, Deputy City Clerk 5 Attachment #3 THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF UKIAH RESOLUTION NO. 2015- A RESOLUTION THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF UKIAH APPROVING THE SUCCESSOR AGENCY TO RE-ENTER INTO THE FIRST AMENDED FUNDING AGREEMENT FOR PUBLIC INFRASTRUCTURE IMPROVEMENTS FOR THE REDWOOD BUSINESS PARK, DATED MARCH 8, 2011, BETWEEN THE DISSOLVED REDEVELOPMENT AGENCY AND THE CITY OF UKIAH AS AUTHORIZED IN RESOLUTION NUMBER 2012-08 BY THE OVERSIGHT BOARD FOR THE SUCCESSOR AGENCY; MAKING RELATED FINDINGS AND DECLARATIONS AND TAKING RELATED ACTIONS IN CONNECTION THEREWITH WHEREAS, the City Council of the City of Ukiah (“City”) approved and adopted the Redevelopment Plan for the Ukiah Redevelopment Project (“Redevelopment Plan”) covering certain properties within the City (the “Project Area”); and WHEREAS, the Community Redevelopment Agency of the City of Ukiah (“Dissolved Agency”) was engaged in activities to execute and implement the Redevelopment Plan pursuant to the provisions of the California Community Redevelopment Law (Health and Safety Code § 33000, et seq.) (“CRL”); and WHEREAS, since adoption of the Redevelopment Plan, the Dissolved Agency had undertaken redevelopment projects in the Project Area to eliminate blight, to improve public facilities and infrastructure, to renovate and construct affordable housing, and to enter into partnerships with private businesses to create jobs and expand the local economy; and WHEREAS, the Dissolved Agency adopted a five year implementation plan that included infrastructure improvements to facilitate full development of the Redwood Business Park; and WHEREAS, the Dissolved Agency was involved in the preparation of and approved an Exclusive Negotiating Agreement (“ENA”) with Costco Wholesale Corporation at the Redwood Business Park in an effort to assist in the elimination of economic and physical blight through focused and intense efforts by encouraging new business investment, commercial tenancy and job creation in this only partially developed commercial area to enhance the community; and WHEREAS, in furtherance of its effort to eliminate economic and physical blight in the project area, the Dissolved Agency expended over $3.3 Million to assemble acreage previously owned by multiple owners (“the assembled acreage”) and entered into other agreements with property owners in the Redwood Business Park in order to facilitate the development of the Redwood Business Park and the elimination of economic and physical blight; and WHEREAS, under the ENA, the Dissolved Agency was obligated to negotiate in good faith and enter a disposition and development agreement with Costco under specified terms, if 1 Costco obtains the necessary entitlements to construct and open its store on the assembled acreage; and WHEREAS, the redevelopment of the Redwood Business Park (“RBP”) requires certain critical infrastructure projects to improve traffic circulation, drainage and utility service (the “Public Improvements”); and WHEREAS, the Dissolved Agency entered a substantial number of contracts and expended in excess of $430,021 for various studies and engineering services to plan and design the planned infrastructure improvements for the RBP; and WHEREAS, the Dissolved Agency issued tax allocation bonds that closed on March 9, 2011, in part, to fund the Public Improvements; and WHEREAS, the Bond Indenture for the tax exempt bonds represents a contract with third parties that specifically obligates the Successor Agency to use the bond proceeds for redevelopment projects, as specifically described in the bond documents, including the Redwood Business Park infrastructure improvements; and WHEREAS, Section 10.07(a) of the 2011 Supplemental Bond Indenture requires $4,392,288.33 to be deposited in the 2011 Redevelopment Fund and Section 10.08 requires moneys in the Redevelopment Fund to be used “solely for the purpose of aiding in financing the Redevelopment Project” and provides that: “The Agency covenants that no funds on deposit in the Redevelopment Fund shall be applied for any purpose not authorized by the Law and the provisions of this Indenture”; and WHEREAS, Health and Safety Code Section 34177(i) provides that bond proceeds shall be used for the purposes for which bonds were sold unless the purposes can no longer be achieved, in which case, the proceeds may be used to defease the bonds; and WHEREAS, the Dissolved Agency desired to cooperate with the City in its efforts to improve transit service and entered into a Funding Agreement on March 8, 2011, and pledged funding in an amount not to exceed SIX MILLION DOLLARS ($6,000,000) (“Agency Contribution”) to enable the City to design and build the Public Improvements to benefit the Redevelopment Project Area; and WHEREAS, as part of the 2011-12 State budget bill, the California Legislature enacted, and the Governor signed, companion bills AB 1X 26 and AB 1X 27, requiring that each redevelopment agency be dissolved unless the community that created it enacts an ordinance committing it to making certain payments; and WHEREAS, on August 3, 2011, the Ukiah City Council adopted as an urgency ordinance, effective upon its adoption, Urgency Ordinance #1131 which approved the community’s participation in the Alternative Voluntary Redevelopment Program defined by ABx1 27 to enable a redevelopment agency to remain in existence and carry out the provisions of California Redevelopment Law; and WHEREAS, a Petition for Writ of Mandate was filed in the Supreme Court of the State of California on July 18, 2011 (California Redevelopment Association, et al. v. Ana Matosantos, et al., Case No. S194861), challenging the constitutionality of AB 1X 26 and AB 1X 27 on behalf of cities, counties and redevelopment agencies and requesting a stay of enforcement; and 2 WHEREAS, on August 11, 2011, and modified on August 17, 2011, the Supreme Court stayed portions of AB 1X 26, and AB 1X 27 in its entirety during the pendency of the matter; and WHEREAS, on December 29, 2011, the Supreme Court issued its final decision in the aforesaid litigation, upholding AB 1X 26, invalidating AB 1X 27, and extending all statutory deadlines under AB 1X 26, essentially dissolving all redevelopment agencies throughout the State effective February 1, 2012; and WHEREAS, AB 1X 26 further provides that, upon their dissolution, any property taxes that would have been allocated to redevelopment agencies will no longer be deemed tax increment, and will be allocated first to successor agencies to make payments on the existing indebtedness and enforceable obligations of the dissolved redevelopment agencies, with remaining balances allocated in accordance with applicable constitutional and statutory provisions; and WHEREAS, AB 1X 26 provides that successor agencies be designated as successor entities to the former redevelopment agencies, and provides that, with certain exceptions, all authority, rights, powers, duties and obligations previously vested with the former redevelopment agencies, under the CRL, are vested in the successor agencies; and WHEREAS, on January 8, 2012, the City Council of the City of Ukiah (“Council”) adopted Resolution No. 2012-04 designating the City as the Successor Agency to the Dissolved Agency (“Successor Agency”); and WHEREAS, on March 8, 2011, months prior to the Governor signing the Dissolution Act into law, the City and the now Dissolved Agency entered into the First Amended Funding Agreement for public infrastructure improvement projects for the Redwood Business Park (“Funding Agreement”) whereby the City agreed to carry out certain activities described in the Dissolved Agency’s redevelopment plan and its Implementation Plan in exchange for a pledge of assets from the Dissolved Agency; and WHEREAS, the Funding Agreement represents a means whereby funds from the now Dissolved Agency would be made available to the City to complete the Public Improvements for the Redwood Business Park, including, but not limited to, the proceeds from the Series A 2011 Tax Allocation Bonds, loans, and Tax Increment from the Redevelopment Project Area; and WHEREAS, the Funding Agreement entered into by the City and Dissolved Agency was enacted in accordance with then-existing redevelopment law as a legal and binding obligation prior to the approval of ABx1 26 on June 28, 2011; and WHEREAS, the Funding Agreement was declared to constitute an indebtedness of the Dissolved Agency and a pledge of the Dissolved Agency’s Tax Increment revenues; and WHEREAS, Health and Safety Code §34171(d)(2) does not recognize any agreements made between a city and redevelopment agency as “enforceable obligations” (except for loans made within the first two years of the formation of the RDA or loans related to issued instruments of indebtedness, such as bonds, notes, etc.) and effectively treats these agreements as unenforceable; and 3 WHEREAS, under Health and Safety Code Section 34178(a), as it read prior to June 28, 2011, such agreements became enforceable obligations if their reentry was approved by the appropriate oversight board pursuant to Health and Safety Code §34178(a) and §34180(h); and WHEREAS, Health and Safety Code §34178(a) stated prior to June 28, 2011, that agreements between a city and a redevelopment agency are “invalid and shall not be binding on the successor agency; provided, however, that a successor entity wishing to enter or reenter into agreements with the city…that formed the redevelopment agency that it is succeeding may do so upon obtaining the approval of its oversight board”; and WHEREAS, Health and Safety Code §34180(h) requires the oversight board to first approve any successor agency action to enter into an agreement with the city that formed the redevelopment agency that it is succeeding; and WHEREAS, the Oversight Board for the Successor Agency to the Dissolved Agency (“Oversight Board”) reviewed the Funding Agreement as presented by Successor Agency staff at the Oversight Board meeting of June 13, 2012, and reviewed and considered written and oral comments from the Successor Agency and public relating thereto; and WHEREAS, the Oversight Board approved Resolution Number 2012-08 on June 13, 2012 which authorized the Successor Agency to re-enter into the Funding Agreement; and WHEREAS, on June 14, 2012, the Successor Agency emailed a notice of the Ukiah Oversight Boards agenda, minutes, and actions from the June 13, 2012 meeting to the Mendocino County Auditor-Controller, the State of California Controller, and the State of California Department of Finance and posted all of these materials for review on the Oversight Board/Successor Agency’s web-site; and WHEREAS, under Health and Safety Code Section 34179(h), the resolution of the Oversight Board would not become effective for three business days pending a potential request for a review by the Department of Finance; and WHEREAS, the three day review period expired on June 19, 2012, and the Successor Agency did not receive any request from the Department of Finance for review of the resolution; and WHEREAS, the Oversight Board Resolution No. 2012-08 became effective on June 20, 2012, which authorizes the Successor Agency and City Council to re-enter the Funding Agreement; and WHEREAS, on June 20, 2012, the City Council and Successor Agency approved re- entering the Funding Agreement with the only substantive change in paragraph 4, changing the initial payment by the Dissolved Agency to the City from $3,306,195 to $1,700,138.83; and WHEREAS, the Successor Agency and the City intended to reenter the agreement as approved by the Oversight Board in Resolution No. 2012-08; and WHEREAS, no funds have been advanced by the Dissolved Agency or the Successor Agency and retained by the City pursuant to Section 4 of the Funding Agreement; and 4 WHEREAS, the Successor Agency and the City can fully perform the Funding Agreement as approved by the Oversight Board in Resolution No. 2012-08; and WHEREAS, the City shall be responsible for conducting environmental review prior to its approval of the Public Improvements, and as a prerequisite for funding made available from the Funding Agreement; and NOW, THEREFORE, BE IT RESOLVED that the Successor Agency to the dissolved Agency of the City of Ukiah hereby finds, resolves, and determines 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. CEQA Compliance. The approval for the Successor Agency to enter into a Funding Agreement for public infrastructure improvements for the Redwood Business Park through this Resolution does not commit the Successor Agency to any action that may have a significant effect on the environment. As a result, such action does not constitute a project subject to the requirements of the California Environmental Quality Act. SECTION 3. Approval to Re-enter into Funding Agreement. Pursuant to the Oversight Board’s approval in its Resolution No. Number 2012-08, the Successor Agency hereby re-enters the First Amended Funding Agreement with the City of Ukiah for public infrastructure improvement projects for the Redwood Business Park, dated March 8, 2011, a true and correct copy of which is attached hereto as Exhibit A. The specific public improvements to be designed and constructed are set forth in the attached Exhibit B. SECTION 4. Implementation. The Successor Agency directs the Executive Director to take all steps and actions necessary to implement this Resolution and the Funding Agreement on behalf of the Successor Agency. SECTION 5. Severability. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The Successor Agency declares that the Successor Agency would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution. SECTION 6. Certification. The City Clerk of the City of Ukiah, acting on behalf of the Successor Agency as its Secretary, shall certify to the adoption of this Resolution. SECTION 7. Effective Date. This Resolution becomes effective upon its adoption. PASSED, APPROVED AND ADOPTED at a meeting of the Successor Agency to the Dissolved Agency of the City of Ukiah on February 4, 2015, by the following roll call vote: AYES: NOES: ABSENT: ABSTAINED: 5 ________________________________ Douglas F. Crane, Chairperson ATTEST: ________________________________ Cathy Elawadly, Deputy City Clerk acting as Successor Agency Secretary 6 ITEM NO.: MEETING DATE: 13c February 4, 2015 AGENDA SUMMARY REPORT SUBJECT: UPDATE ON FINES AT THE WASTE WATER TREATMENT PLANT IN CONNECTION WITH ADMINISTRATIVE CIVIL LIABILITY COMPLAINT NO. 2014-0058 AS ISSUED BY THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD Background: Over the last few years, City Staff has updated the Council regarding fines as a result of the exceedances of discharge requirements in the City’s existing National Pollutant Discharge Elimination System (NPDES) Permit for the Waste Water Treatment Plant. The budget includes a line item for “fines” in order to resolve these violations. Staff has been working with Regional Water Quality Control Board (RWQCB) staff (Board Staff) for the past few months and now is reporting to Council. Staff initially received notice of the Administrative Civil Liability Complaint (ACLC) from the RWQCB in November 2014. This started a discussion with Board Staff and City Staff to address the violations (Attachment 1). The majority of the compliance issues were a result of minimum mandatory penalties that were assessed for copper discharge limit exceedance. Discussion: During the renewal of the current NPDES permit, City Staff and Water Board Staff agreed to examine the copper limits in order to judge the appropriateness of the limits. A Copper Water Effects Ratios Study was performed by Winzler and Kelly (Now GHD) which proved the limits in the prior permit were too low. This study was acknowledged and approved by Regional Water Board staff which resulted in the final effluent limitations for copper to be increased by 5.33 times our current permit. This current round of fines is based on the expired permit, as it was the permit in effect at the time of the exceedances. The total amount of fines is $51,000. The City may choose to submit a project to Water Board staff that will be an offset of, no more than, 50% of the fines. City staff plans to submit a project for Board approval as an offset. The project that staff is recommending is a Sewer Master Plan study. This study would give the City a strategic approach to addressing our infiltration and inflow (I and I) issue in order to significantly lessen the flow to the plant which, would result in less flow to the river. Fiscal Impact: X Budgeted FY 14/15 New Appropriation Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested $50,000 WWTP- 84024425.94700 84024425.94700 $ Recommended Action(s): 1. Receive update Alternative Council Option(s): Provide direction to staff. Citizens advised: Requested by: Tim Eriksen, Director of Public Works/City Engineer Prepared by: Jarod Thiele, Public Works Project Analyst Coordinated with: Jane Chambers, City Manager Attachments: 1: Fact sheet for ACLC R1-2014-0058. ITEM NO.: MEETING DATE: 13d February 4, 2015 AGENDA SUMMARY REPORT SUBJECT: RECEIVE TECHNICAL MEMO FOR THE BASIS OF DESIGN FOR WELL #4 AND APPROVE BUDGET AMENDMENT FOR FINAL DESIGN Background: On April 2, 2014, Council awarded a contract to GHD in the amount of $359,610 for the design of new water well #9, which will be located on the north side of Orr Creek near the intersection of Orchard Avenue and Brush Street. This contract also included the rehabilitation of existing Well #4 which is on Lorraine Street. Initially, staff was working with GHD on the design of the new well #9 which was sited on property owned by RCHDC. Upon further investigation of the surrounding properties, GHD learned that there were 2 bulk fuel sites in the area which could have contamination. This was during the middle of the drought so it was decided to put well #9 on hold and shift the efforts to the rehabilitation of well #4. Discussion: GHD began investigating the current state of Well #4 and reviewed files and videos and made the following discoveries regarding its condition: 1) A split in the well casing was observed which indicates structural weakness; 2) Extensive plugging of the well screen; 3) Lack of proven Sanitary Seal which is required by the Drinking Water Division of the Regional Water Quality Control Board (RWQCB); 4) Re-occurring bacteria issues; and 5) High risk that aggresseive rehabilitation will end in well failure. Given these conditions, GHD is recommending that the existing well should be abandoned and a new well should be drilled on the current property. Also, it is recommended to drill a test well which will then be converted to a monitoring well with another hole drilled for the production well. It is important for the City to have a monitoring well in place with the new Groundwater Legislation that is coming into effect. Now that Engineering staff and GHD have a recommendation for how to proceed with the resolution for the facility, GHD has provided a scope of services to provide design and the completion of plans and specifications for the complete rehabilitation of well #4. The scope (Attachement 2) is provided for council review. Fiscal Impact: Budgeted FY 14/15 X New Appropriation Not Applicable X Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested $0 Water Capital 82224413.80230 $244,455.20 Recommended Action(s): Receive technical memo regarding design of well #4 and approve budget amendment. Alter native Council Option(s): N/A Citizens advised: Requested by: Tim Eriksen, Director of Public Works and City Engineer Prepared by: Jarod Thiele, Public Works Project Analyst Coordinated with: Jane Chambers, City Manager Attachments: 1.Technical Memo for basis design of well #4 2.Amendment for Engineering Design