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HomeMy WebLinkAbout2005-03-02 PacketAMENDED: 2/24/2005 - 5:06 iPM, .............................................................. CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 March 2, 2005 6:30 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF MINUTES a. Regular Meeting of January 19, 2005 b. Special Joint Meeting of the City Council & Ukiah Valley Sanitation District of February 2, 2005 ! 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. 5. 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. Award Purchase of Liquid Polymer-Alkyamine to Polydyne, Inc. in the Amount of $15,300.00, b. Award Purchase of Liquid Polymer-Emulsion to Polydyne, Inc. in the Amount of $10,680.00 ~.~ c. Adoption of Resolution Establishing a No-Parking Zone / Bus Loading Zone Near 444 North State Street 6. 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. 7. UN a. FINISHED BUSINESS Reconsideration of Application For Community Development Block Grant Funds Under the General Allocation Grant Program and Authorization For Staff To Submit An Application b. Possible Action Required for Participation in Pension Obligation Bond Programs Offered to CALPERS Participating Agencies by the California Statewide Communities Development Authority (CSCDA) c. Adoption of Resolution Approving Memorandum of Understanding for Electric Employee Bargaining Unit (IBEW Local 1245) d. Request Authorization For the City Manager to Negotiate a Construction Contract for the Water Treatment Plant Improvement Project AMENDED: 2/24/2005 - 5:06 iPM, .................................................................... 8. COUNCIL REPORTS 9. CITY MANAGER/CITY CLERK REPORTS 10. CLOSED SESSION a. G.C. ~54957.6-Conference with Labor Negotiator Employee Organization: Electric Unit (International Brotherhood of Electrical Workers) Agency Designated Representative: Candace Horsley, City Manager 11. ADJOURNMENT TO: FROM: MEMO MAYOR ASHIKU AND CITY COUNCIL CITY CLERK MARIE ULVILA 3a SUBJECT: CITY COUNCIL MEETING MINUTES: JANUARY 19, 2005 DATE: FEBRUARY 24, 2005 Every attempt will be made to provide Council with the draft minutes of the January 19, 2005 regular Council meeting by Tuesday, March 1,2005. If you should have any questions, please do not hesitate to contact me at 463- 6217. Memo: Council- Late Minutes MINUTES OF THE UKIAH CITY COUNCIL Special Joint Meeting of the Ukiah City Council And Ukiah Valley Sanitation District Wednesday, February 2, 2005 The Ukiah City Council met at a Special Joint Meeting with the Ukiah Valley Sanitation District (UVSD) on February 2, 2005, 2004, the notice for which had been legally noticed and posted, at 4:05 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. following Councilmembers were present: Crane, 4:08 p.m.), Baldwin (arrived at 4:20 p.m.), and Mayo Water-Utilities/Project Engineer Burck, Wastewater Manager Horsley, City Attorney Rapport, Public U: City Clerk Ulvila. Ukiah Valley Sanitation Di~ Wattenburger and Crane. District Board prearrangement. Also present: Chief De Deputy Clerk of the Board/District Sec 2. UPDATE ON THE VALUE E WASTEWATER TR Public Utilities Director Zi~ 2004, a Value Engineering (VE) and design of the proposed Wa~ by a certified Value all phases of wa~ project mana( and Caldwell's aspects of the describe issues and R, PE; , PE Roll was taken and the Rodin (arrived at Staff present: Manager Gall, City Ziemianek, and 5 present: was absent by nk Zotter and REVIEW OF THE the week of August 30, in the engineering details The VE Team was led engineering experts in n, on, contracting, and for a full week and focused on Brown of Ukiah and specifically reviewed all Director Ziemianek proceeded to discussed getting safety compliance on acceptable engineering standards today. He introduced the VE Team comprised of ~ader); George Riek, PE/CVS; Richard Steele, PE, Ron Grant, and Dave Ewing, CE. Max Brid~i?,,,~,,~,~==:=,.?epres g Willdan, provided additional introductory remarks concerning th:~!i~,.: ~ i?~ Renee Hoekstra,":'~'~S and Team Leader, provided a Power Point presentation to Council and discussed the following topics: Value Engineering Methodology and Why it is Used Applicability- whenever cost and/or performance improvement is desired Value Study- occurs during a 6-step job plan Project Goals and Objectives Project Criteria- ratings in order of importance Project Constraints VIE Team Observations Joint Meeting of the City Council And the Ukiah Valley Sanitation District February 2, 2005 Page 1 of 2 Functions Identified - the VE team had to make sure these functions were achieved. Fast Diagram - functional system technical diagram and functional analysis of all the systems the VE Team brainstormed Proposed Design and Construction Benefits SuggestionsNVorkshop Results In conclusion, Ms. Hoekstra reported that the VE review provided a good validation of Brown & Caldwell's design approach, both technical and fiscal. The VE process was successful even though there were few II e cost saving ideas. There was a good showing of fiscal responsibility b and the Ukiah Valley Sanitation District (District). She noted that th~ a potential for future savings identified during the construction phase. Ms. Hoekstra and Director Ziemianek cl review with the contractor (Brown and Cai accepting and/or rejecting the Review of the results of the VE Study. Director Ziemianek advised th~ VE Study was conducted and looking at potential future savin~ is the in1 :ion through the , the next ste ~d with atiQns, and evidence be with the way in which the ~n a very positive way when City Manager Horsl~ leading to the the ~. and prior discussion Public Comm, folio VE Study: Mike Both as of the audience spoke regarding the the ~t expressed appreciation for the of the Value Engineering Team. No by nor the District. 3. PUBLli 3a. Announc~ Business None. 4. ADJOURNMENT OF JOINT MEETING There being no further business, the meeting was adjourned at 5:05 .m. Marie Ulvila, City Clerk Joint Meeting of the City Council And the Ukiah Valley Sanitation District February 2, 2005 Page 2 of 2 ITEM NO. 5a DATE: March 2, 2005 AGENDA SUMMARY REPORT SUBJECT: AWARD PURCHASE OF LIQUID POLYMER- ALKYAMINE TO POLYDYNE, INC.IN THE AMOUNT OF $15,300.00 SUMMARY: Submitted for the City Council's consideration and action is Staff's recommendation that the purchase of 30,000 lbs. of liquid polymer- alkyamine be awarded to Polydyne Inc. in the amount of $0.510 per pound for a total value of $ $15,300.00 plus tax. The material is used as a coagulant in the advanced treatment process at the Wastewater Treatment Plant. In response to the City's Request for Bids, three bids were received and opened by the City Clerk at the prescribed time for public bid opening. Noticing to bidders was in accordance with the City's informal bid process. The lowest responsible bidder was Polydyne Inc. with a base bid of $0.510 per pound of liquid polymer- alkyamine plus tax. Funds for chemical treatment materials have been budgeted in the City/District Wastewater Enterprise Fund under account number 612-350-520-000 and adequate funds are available for the requested purchase. RECOMMENDED ACTION: Award bid to Polydyne Inc. at $0.510 per pound for a total value of $15,300.00 plus tax. ALTERNATIVE COUNCIL POLICY OPTIONS: 1) Reject the proposal and provide direction to staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Jerry Gall, Wastewater Treatment Supervisor Jerry Gall, Wastewater Treatment Supervisor Bernie Ziemianek, Public Utilities Director 1. Bid Opening Results 2. Initial page of bid from Polydyne Inc. APPROVED: Candace Horsley, City CITY OF UKIAH ,~'tochment # 300 SEMINARY AVENUE UKIAH, CA 95482-5400 (707) 463-6217 (City Clerk-s Office) BID OPENING FOR: 30,000 lbs Liquid Polymer- Alkyamine SPECIFICATION NO. POLY-ALKY DATE: February 17, 2005 TIME: 2:00 p.m. COMPANY AMOUNT . POLYDYNE, INC. 1 CHEMICAL PLANT ROAD RICEBORO, GA 31323 Marie Ulvila, City Clerk Bids: Liquid Polymer-Alkyamine 2005 bids rec CITY of UKIAH 300 Seminary Avenue Ukiah CA. 95482 Phone 707-463-6217 REQUEST FOR BID I NO FAX OR E-MAIL WILL BE ACCEPTED RETURN THIS FORM DATE: THIS IS NOT AN ORDER REQ. NO. Aftachment # 2/2/2005 POLY-ALKY TO: POLYDYNE INC. Attn: Bids & Contracts Administrator P.O. Box 279 Riceboro, GA 31323-0279 BIDS WILL BE RECEIVED UNTIL 2 PM, February 17th, 2005 AT THE OFFICE OF THE CITY CLERK 300 SEMINARY AVE. CITY of UKIAH BY: Marie Ulvila BIDS ARE REQUESTED FOR THE FOLLOWING ITEMS: QUANTITY Approx. 30,000 lbs ALL BIDS SHALL BE F.O.B. UKIAH, CA. DESCRIPTION UNIT PRICE! Liquid Polymer- Alkyamine. Clarifloc SW-238, Praestol 193K or "Equal" as per attached City of Ukiah specifications. $0.510/LB. Clarifloc SW-238 Sealed bids must be received at the Office of the City Clerk no later than 2p.m. on Thursday, February 17th, 2005, at which time bids will be opened. All bids must be signed. Opening date and time MUST be prominently displayed on submitting envelope. Late bids will not be considered. Faxed or e-mailed bids will not be accepted. Any questions regarding the attached specifications can be directed to Jerry Gall, Sewer Treatment Plant Supervisor, at (707) 467-2818. TERMS:Net 30 Days - No Discou s DEL. TO: F.O.B. Ukiah, CA LEAD TIME ARO: 3 Days A.R. 0. COMPANY NAME: Polydy~e Inc. \ ,! ~ SIGNATURE: ~J~O~°n~--a~ 0.,,t~_~- PRINTNAME:Lawrence D. G~i':~zle FAX: DATE: TITLE: Business Manager PHONE: (912) 880-2035 (912) 880-2078 February 15, 2005 TOTAL $15,300.00 TERMS: 1. Right is reserved to reject any and all bids. 2. Right is reserved to accept separate items unless specifically denied by bidder. 3. Right is reserved to reject a quote from any bidder who has previously failed to perforr~ / adequately for the City of Ukiah. 4. In CASE OF DEFAULT, the City of Ukiah may procure the items quoted on from other sources and hold the original bidder liable for any increased costs. 5. The price, terms, delivery point, and delivery date may individually or collectively be the basis of the awarding of the bid. 6. ALL BIDS MUST BE SIGNED. OPENING DATE and TIME "MUST" be prominently displayed on submitting envelope. 7. In submitting the above, the vendor agrees that the acceptance of any or all bids by the City of Ukiah, within 30 days constitutes a contract. AGENDA SUMMARY ITEM NO. st, DATE: March 2, 2005 REPORT SUBJECT: AWARD PURCHASE OF LIQUID POLYMER- EMULSION TO POLYDYNE, INC.IN THE AMOUNT OF $10,680.00 SUMMARY: Submitted for the City Council's consideration and action is Staffs recommendation that the purchase of 12,000 lbs. of liquid polymer - emulsion be awarded to Polydyne Inc. in the amount of $0.89 per pound for a total value of $ $10,680.00 plus tax. The material is used as a coagulant in the digested sludge dewatering process at the Wastewater Treatment Plant. In response to the City's Request for Bids, three bids were received and opened by the City Clerk at the prescribed time for public bid opening. Noticing to bidders was in accordance with the City's informal bid process. The lowest responsible bidder was Polydyne Inc. with a base bid of $0.89 per pound of liquid polymer- emulsion plus tax. Funds for chemical treatment materials have been budgeted in the City/District Wastewater Enterprise Fund under account number 612-350-520-000 and adequate funds are available for the requested purchase. RECOMMENDED ACTION: Award bid to Polydyne Inc. at $0.89 per pound for a total value of $10,680.00 plus tax. ALTERNATIVE COUNCIL POLICY OPTIONS: 1) Reject the proposal and provide direction to staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Jerry Gall, Wastewater Treatment Supervisor Jerry Gall, Wastewater Treatment Supervisor Bernie Ziemianek, Public Utilities Director 1. Bid Opening Results 2. Initial page of bid from Polydyne Inc. APPROVE~_~ Candace Horsley, City Man)~er CITY OF UKIAH A~lachment 300 SEMINARY AVENUE UKIAH, CA 95482-5400 (707) 463-6217 (City Clerk-s Office) BID OPENING FOR: 12,000 lbs. Liquid Polymer- Emulsion SPECIFICATION NO. POLY-EMUL DATE: February 17, 2005 TIME: 2:00 p.m. COMPANY AMOUNT , POLYDYNE, INC. 1 CHEMICAL PLANT ROAD RICEBORO, GA 31323 . . KEMIRON CO. INC. 3211 CLINTON PARKWAY CT., STE 1 LAWRENCE, KS 66047-2654 CIBA SPECIALTY CHEMICALS 2301 WILROY ROAD SUFFOLK, VA 23434-32021 Marie Ulvila, City Clerk Bids: Liquid Polymer-Emulsion 200 bids rec TO: CITY of UKIAH 300 Seminary Avenue Ukiah CA. 95482 Phone 707-463-6217 REQUEST FOR BID I NO FAX OR E-MAIL WILL BE ACCEPTED RETURN THIS FORM THIS IS NOT AN ORDER POLYDYNE INC. Attn: Bids & Contracts Administrator P.O. Box 279 Riceboro, GA 31323-0279 A~achment # i i DATE: 2/2/2005 REQ. NO. POLY-EMUL BIDS WILL BE RECEIVED UNTIL 2 PM, February 17th, 2005 AT TIlE OFFICE OF THE CITY CLERK 300 SEMINARY AVE. CITY of UKIAH BY: Marie Ulvila BIDS ARE REQUESTED FOR THE FOLLOWING ITEMS: QUANTITY Approx. 12,000 lbs ALL BIDS SHALL BE F.O.B. UKIAH, CA. DESCRIPTION UNIT PRICE Liquid Polymer - Emulsion. Polydyne SW-057, Praestol K144L or "Equal" as per attached City of Ukiah specifications. Clarifloc SW-05 7 $0.89/Lb Sealed bids must be received at the Office of the City Clerk no later than 2p.m. on Thursday, February 17th, 2005, at which time bids will be opened. All bids must be signed. Opening date and time MUST be prominently displayed on submitting envelope. Late bids will not be considered. Faxed or e-mailed bids will not be accepted. Any questions regarding the attached specifications can be directed to Jerry Gall, Sewer Treatment Plant Supervisor, at (707) 467-2818. TOTAL $10,680.00 TERMS: Net 30 Days, No Discount DEL. TO: F.O.B. Ukiah LEAD TIME ARO: 3 Days A.R.O. COMPANY NAME: Polydyne c~.~ SIGNATURE: PRINT NAME: Lawrence D. zle TITLE: Business Manager PHONE: 912-880-2035 FAX: 912-880-2078 DATE: February 15, 2005 TERMS: 1. Right is reserved to reject any and all bids. 2. Right is reserved to accept separate items unless specifically denied by bidder. 3. Right is reserved to reject a quote from any bidder who has previously failed to perform adequately for !he City of Ukiah. 4. In CASE OF DEFAULT, the City of Ukiah may procure the items quoted on from other sources and hold the original bidder liable for any increased costs. I 5. The price, terms, delivery point, and delivery date may individually or collectively be the basis of the awarding of the bid. 6. ALL BIDS MUST BE SIGNED. OPENING DATE and TIME "MUST" be prominently displayed on submitting envelope. 7. In submitting the above, the vendor agrees that the acceptance of any or all bids by the City of Ukiah, within 30 days constitutes a contract. AGENDA SUMMARY ITEM NO. -.~_~. DATE:March 2, 2005 REPORT SUBJECT: ADOPTION OF RESOLUTION ESTABLISHING A NO-PARKING ZONE / BUS LOADING ZONE NEAR 444 NORTH STATE STREET SUMMARY: Staff submitted an agenda report to City Council at the February 16, 2005 meeting to request the extension of an existing no-parking zone to reestablish a Mendocino Transit Authority (MTA) bus loading zone near Coldwell Banker Mendo Lake Realty at 444 North State Street. This is shown as option #3 on Attachment 2. On February 16, 2005, Council directed staff to evaluate other possible bus stop locations since Mark Levy, speaking on behalf of Bob Levy the property owner of 444 North State Street, objected to the loss of one on-street parking space and the proposed location of the bus stop next to the building. Although the Council asked staff to also consider the spaces directly in front of the Coffee Critic indicated as Option #2 on the map, this option would involve the loss of two valuable parking spaces to that business. Staff therefore has reviewed several alternative bus stop locations as identified on the attached location map, Attachment 2. Of the four options presented, MTA and staff prefer option #4 since it has the least impact on adjacent businesses. Dan Baxter, MTA, spoke to Bob Levy of Coldwell Banker Mendo Lake Realty regarding the proposed bus stop location, option ~t~. Mr. Levy has agreed to the proposed bus stop location, option #4. RECOMMENDED ACTION: Adopt resolution establishing a no-parking zone/bus loading zone near 444 North State Street. ALTERNATIVE COUNCIL POLICY OPTIONS: Do not adopt resolution and provide direction to staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Dan Baxter, MTA and Bob Levy, Coldwell Banker Mendo Realty Diana Steele, Director of Public Works/City Engineer Director of Public Works Rick Seanor, Deputy Candace Horsley, City Manager 1. Resolution for Adoption 2. Location Map APPROVED'~., Can-~ace Horsley, ~ity Manager RJS: AGnpM'rAbusZone8 RESOLUTION NO. 2005- Affochrnertt · RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH REMOVING ON-STREET PARKING AND ESTABLISHING A NO PARKING ZONE / BUS LOADING ZONE NEAR 444 NORTH STATE STREET WHEREAS, the City Council may by resolution designate portions of streets upon which the standing, parking, or stopping of vehicles is prohibited or restricted pursuant to Article 11, Chapter 1, Division 8 of the Ukiah City Code; and WHEREAS, the provisions of Sections 21458 and 22500 of the California Vehicle Code permit the stopping of buses in a red zone marked or posted as a bus loading zone; and WHEREAS, on February 8, 2005 the Traffic Engineering Committee (Traffic Engineer) considered the request from the Mendocino Transit Authority to establish a "No Parking Zone / Bus Loading Zone" within the City of Ukiah; and WHEREAS, the Traffic Engineer recommends the request regarding this "No Parking Zone / Bus Loading Zone". NOW, THEREFORE, IT IS HEREBY RESOLVED, that the Ukiah City Council does establish a "No Parking Zone / Bus Loading Zone" on North State Street, west side, near 444 North State Street. PASSED AND ADOPTED this 2nd day of March, 2005 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mark Ashiku, Mayor Marie Ulvila, City Clerk Resolution No. 2005- Page 1 of 1 1'4 Proposed MTA Bus Stop near 444 North State Street Attachment # Bob Mirata Ins. 488 N. State Coffee Critic 476 N. State St. Option #1 remove 1 parking space; combine with existing no-parking zone; too close to intersection Option #2 remove 2 parking spaces Coldwell Banker Mendo Realty, Inc. 444 N. State St. Option #3 remove 1 parking space; combine with existing no-parking zone at fire hydrant Option #4 remove 1 parking space; combine with existing no-parking zone 1 inch equals 100 feet Photo Date: March 2001 ' ITEM NO. ?a AGENDA SUMMARY DATE: March 2, 2005 REPORT SUBJECT: RECONSIDERATION OF APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS UNDER THE GENERAL ALLOCATION GRANT PROGRAM AND AUTHORIZATION FOR STAFF TO SUBMIT AN APPLICATION At the January 19 meeting, Council discussed several requests from community non-profit groups for participation in the City's annual CDBG General Allocation grants for Fiscal Year 2005/06. These are competitive grants in a maximum amount of $500,000. Eligible projects include housing, public works, community facilities, and public services. The primary qualifying criteria, regardless of the project, is that the project or program must provide benefit to the Iow and moderate-income population that is referred to in the grant as the Targeted Income Group (TIG). Attached is an excerpt from the CDBG Notice of Funding Availability providing a detailed definition of Targeted Income Group and the State required TIG benefit for each applicant. After receiving presentations from the various groups on January 19, Council determined to authorize staff to submit an application on behalf of the School for Performing Arts and Cultural Education (SPACE). SPACE intended to use the grant funds to complete the renovation of the old St. Mary's church into its new performance center and classrooms. SPACE has since reconsidered its participation and determined to withdraw from the application process. Attachment #1 is a letter submitted by SPACE thanking the Council for its support and explaining its reasons for withdrawal. Continued on Paqe 2 RECOMMENDED ACTION: application for CDBG funds. After discussion provide direction to staff regarding ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine application for CDBG requires further consideration and remand to staff with direction. 2. Determine application for CDBG funds is inappropriate at this time and direct staff to not apply. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: 1. 2. 3. Yes RCHDC and Plowshares Larry W. DeKnoblough, Community Services Director Candace Horsley, City Manager Letter From SPACE Plowshares Submittal RCHDC Submittal 4. CDBG,,E~cerpt Defining TIG APPROVED: Can~lace Horsl Manager LD/C CDBG2.05 Upon receipt of the notice from SPACE, staff contacted both Plowshares and RCHDC to determine if either group remained interested in submitting an application. Plowshares is in the process of relocating and constructing a community dining facility in order to expand services. RCHDC is proposing the construction of a 30 unit Iow income housing development on the corner of Clara and Orchard Avenue. Staff has attached packets submitted by both Plowshares and RCHDC briefly describing their projects and how the grant funds would be used. While both groups indicated they remained interested in applying, Plowshares is only interested in a two year allocation in the amount of $1,000,000. The two year allocation is necessary for Plowshares to cover the administration costs of the grant and to offset the increase in the overall project cost due to the prevailing wage requirements of the grant. The prevailing wage issue is significant to Plowshares as they estimate it would increase the project cost by more than 35%. The Plowshares project is not subject to that requirement unless the public grant funds are used. However, Council did not discuss the commitment of a two year allOcation at the January 19 meeting. Staff does have some concern regarding the commitment of a two year allocation, as it would eliminate the City's availability of the grant funds through Fiscal Year 2006~07. As these funds could be used for infrastructure and public improvements, the two year commitment will prevent the City from being able to access the grant funds in the event a significant public improvement project becomes needed. Also, there are several capital projects currently under development and will be discussed by Council in the near future which may qualify for CDBG funds. This is of particular concern during these times when State public works funds are not being provided to the cities as they have in the past. Council has inquired regarding the grant application and monitoring and what impact it will have on staff time. While the non-profit will be required to procure grant writing services and provide any required match funds at its own expense, staff time will be required to assist with the grant application preparation, including the preparation and filing of necessary NEPA and CEQA review and documentation. On-going time will be incurred for budget preparation to establish and maintain the receipt and expenditure of grant funds, and overseeing the grant administration during the duration of the grant. Should Council determine to proceed with an application, staff believes both projects will provide essential and significantly beneficial services to the public and are qualified candidates for the funds according to the grant guidelines. Council should note that historically the State has considered Iow income housing projects the most competitive as long as they meet the TIG requirement. However, staff has discussed the Plowshares project with state representatives as well as Madelin Holtkamp of the local Economic Development and Financing Corporation to determine its qualifications. Each have indicated that Plowshares will be an exceptionally competitive application based on the range of services provided to the documented income levels served, as well as additional points awarded for participating in the CDBG Planning and Technical Assistance Program. As the deadline for applications is April 8, 2005 Staff is seeking Council direction as to whether to proceed with an application and if so, on behalf of which project. Staff is also requesting authorization for the City Manager to execute all necessary documents related to the grant. $ P ~ Affachment ~_ / A C F 14.5 East Ehurch Street * Ukiah, C..A 95482 · 707 462-9370 · space@pacific.net Laurel Near & Paulette Arnold, Co-Directors February 14, 2005 Ukiah City Council Members Candace Horsley, City Manager ~Earry DeKnoblough 300 Seminary Ave. Ukiah, CA 95482 Re: CDBG application Dear City Council Members & Staff: Thank you for, on January 19, 2005, choosing the SPACE Theater restoration and building project as the City's sub-recipient for the Community Development Block Grant application. We sincerely appreciate your vote of support. Unfortunately, we are writing to inform you that, after much research and deep discussion, the SPACE Board of Directors has voted to withdraw from the CDBG application process for 2005-06. Among the factors considered were the following: The grant application awards maximum (300 of 1000) points for projects serving 100% low income clients and a minimum of 51% of clients must be low income in order for the application to receive any points at all. We do not currently obtain income data on those we serve. We need to obtain and develop this information in order to be competitive. . The development and the writing of the application is an enormous project for which a professional grant writer experienced with CDBG applications is essential. We do not currently have a relationship with such a writer. SPACE is a tax exempt 501 (c) (3) organization. Federal identification Number 68-0379044 . We do not, unfortunately, at this time have specific plans and specifications for Phase 3, the project's final phase, which we would need in order to complete the grant and create a budget for the grant proceeds and for the entire project. It takes considerable time to obtain this from our architect. This information is especially important because all rules and regulations that apply to the grant will continue to apply through the completion of the entire project. The deadline for the grant application is April 8. Considering all of the above, the board members reluctantly decided that it was not in the best interest of SPACE to pursue the application at this time. Again, our sincere thanks to the City and all those who provided us with information and advice on this issue during the past few weeks. Yo~s truly, ~: · / . ....i/ ....... l:qd~;i~t of the Board // Attachment February 22, 2005 To Members of the Ukiah City Council: The Board of Directors of Plowshares resolved today to request that the City of Ukiah apply for Community Development Block Grant funding in the amount of $1,000,000 over a two-year period, for construction of a Community Dining Room facility to address the unmet hunger needs of our mutual constituency, the hungry and needy of our community. Our current facility does not allow us to meet this need because our City of Ukiah Use Permit restricts us to lunchtime-only meal service--and the fastest-growing local hunger need is among low-income workers and schoolchildren who cannot access our mid-day services, and now go to bed hungry on an alarmingly regular basis. For nearly three years now Plowshares has been planning and fundraising for this facility while continuing to watch the local hunger reality become progressively more grim. Hunger becomes progressively more real and more painful as housing costs escalate and living-wage employment opportunities shrivel proportionate to low-wage jobs. This new facility will be a bright spot in Ukiah's ability to provide nutritious food, a safe and welcoming atmosphere, a meeting place for other poverty-targeting programs, and other services including job training, information and referral, and the potential for many more activities to bring the community together and address the needs of its most disadvantaged members. After extensive research into the implications of CDBG funding, this grant over a two year period would be an enormous boost to the project, actually making , it possible to complete construction of this much-needed community facility within the time period of the grant. The funds available for one year ($500,000) would not be sufficient when administrative and monitoring expenses awarded to the city and project coordinator contract an other state mandated expenses are factored in. We appreciate your support of our efforts to feed and care for our hungry and needy neighbors. This new facility will truly be a giant step forward in the fulfillment of Plowshares' basic mission "that no one in our community go hungry." Thank you, Mary Buckley Executive Director Kiichli and Associates I ! ii i ii1,1,,,,, ,, I I II 1103 West Perkins Street, Uklah, CA 96482 · (707) 468-1655. fax (707) 468-'/6~5 kiichliC~j:~_..Cbell, ne! February 21_, 2005 Plowshares Board of Directors Plowshares Peace and Justice Center, Inc. Luce Avenue Ukiah, CA 95482 Dear Board Members: This letl~ is intended to lend my support to the possibility of an application sponsored by the City of Ukiah for CDBG funding to support the construction of the new Plowshares Community Dimng Room. As I believe you are all aware, I have been working with Mary Bucldey over the past year to identify potential grant resources and develop grant proposals to secure funding for the Plowshares Capital Campaign. Over the past month, I have been involved with Mary and with Martin Bradley in their efforts to explore the potential of CDBG funding through the City, and to analyze the advisability of seeking and securing these funds for the proposed dining room facility. When we initially began this process, I had many concerns about the wisdom of seeking or securing CDBG funding, particularly in light of the various regulatory issues attached to the funds. I also had concerns about a partnership between Plowshares and SPACE, given that it does not appear that the SPACE project is in keeping with the purpose of this funding. However, as our investigation and analysis has continued, and SPACE has withdrawn from the process, I have come to believe that the possibility of a City-sponsored CDBG application for the Plowshares fadlity creates a tremendous opportunity for Plowshares, so long as the City is willing to submit a proposal for two years of funding for a total of $1,000,000. I will try to summarize here the masons that I have come to this position: 1. A single grant for $1,000,000 would put Plowshares in a very strong position to move ahead with this project. The grass-roots Capital Campaign being conducted by Plowshares has been tremendously successful, but the process has been an arduous one and an influx of $1,000o000 to this campaign would provide a tremendous boost to the efforts. 2. It appears that there is a strong possibility that, should the City decided to support this proposal, the application would be funded. I base this conclusion on the following: a. According to the grant guidelines, last year Stat~ HCD funded 68 of 69 proposals in this category of funding. The one that was not funded did not qualify for funding. Opportunities with odds like these are very unusual. b. According to $~ah~ HCD, this year there is a one-year only increase in CDBG funding~ and they will be able to fund more projects th~n they h~ve in past years. c. I understand that this region's HCD representative told Larry DeKnoblough that ~ is 'a good year for community facilities, and a good year for multi- year applications." One could probably assume that the additional funding is the reason for those statements. gm d. The Plowshares Community Dining Room project is an excellent match for the funding criteria, as follows: 1) The project is consistent with the purpose of the funding and the goals of the CDBG program. In reviewing the funding criteria, the project looks as though it will warrant a strong rating in all categories 2) Because Plowshares has a focus on feeding the homeless, there is a strong possibility that the application will automatically qualify for the maximum number of points in the category relat~l to the income status (low) of the people who will be served by the project. One common hurdle to accessing CDBG funding is the complicated process involved in proving the income levels of the target population. When serving the homeless population, this process is eliminated. 3) Plowshares can easily demonstrate a strong base of community support, among the local dtizenry and among the governmental entities that have a responsibility to serve those who eat at Plowshares. This support will also lend strength to the proposal. 4) The required "matching funds" have already been raised by Plowshares through the current Capital Campaign. A portion of the CDBG funding can be allocated to support administrative costs ("overall program management, coordination, monitoring, reporting and evaluation), and for "activity delivery" ("costs associated with staff and overhead directly involved with carrying out the project, including preparation of final plans and specifications"). This would make it possible for the City and Plowshares to hire one or more persons to oversee the project and to make sure that the project is in compliance with the regulations. Regulatory compliance will be an issue for this construction, project, with o'r without someone to manage the project. This funding would provide a resource to help with those issues. It is also my understanding that at least one individual with a strong track record in this field may be interesied in contracting to manage the project. 4. When CD~ funding is utilized, those who work on the project must be paid "prevailing wages" as set by the State. Paying Prevailing Wages usually increases the cost of a project. It is my understanding that the analysis conducted by Mary, Bob Axt and a local contractor who may bid on the project indicate that this requirement makes a one-year application for $500,000 impractical, but with a two year application for $1,000,000, Plowshares would be able to pay Preva/l/ng Wages, administrative overhead and project management costs and st/Il come out about $700,000'~head. 5. Finally, but perhaps most importantly, I believe that with all of the support that Plowshares has in this community, the human resources are available to successfully implement a CDBG grant and bring this long awaited new facility to this community. I do not want to represent myself as an expert on the implementation of CDBG grant funding. There may be many additional hurdles in the process of which I am not aware. My expertise lies in the area of resource development. As a project/program developer and grant writer working in this community for almost thirty years, I have written scores of successful grants, bringing in many millions of dollars to support projects here in Mendocino County. Based upon this experience, I can easily say that the odds of this grant being funded are stronger than almost any opportunity that I have seen in my career. I would hate to see Plowshares miss this opportunity. Thank you for your at~ntion to my thoughts and opinions, and I wish you good luck with your decision. Sincerely, Sharon Sharon Kiichli ~1/14/200~ i6:37 7074634188 CDC PAGE 82/83 Attachment #_ ~ DE LO E TT CO I$$IO 7071483-5462 FAX: 7071463-4188 TDD; 707/463-5697 January 14, 2005 Larry DeKnoblaugh City of Ukiah 300 Seminary Ave~.ue Ukiah, CA 95482 Dea~ Mr. DeKnoblaugh: On behalf of Rural Communities Housing Development Corporation (RCHDC) and the Community Development Commission of Mendocino County (CDC), I appreciate the' opportunity to submit a preliminary project proposal for funding tmd~ thc 2005/2006 Communit7 Development Block G-rant (CDBG) Program. What is being proposed is an application for on-site and oft-site improvements for affordable housing &w¢lopment at Clara Court. Thc property on thc comer of Clara Avenue and Orchard Street was acquired by RCHDC with the financial assistance of'the Ukiah Redevelopment Agency. The project is still in the pre-development stage. A phase I environmental review has been eompleteA. At this time, 26 to 32 rental units are proposed. 20 units will be for those at 60% and below of Mendocino County median income, adju.~d for household size. The remaining units will be available to low and moderate income tenants. Furidiu8 request is as follows: · Housing Construction (off'site and on sit~ improv~nents): · Activity Delivery · Administration $425,500 $37,000 $37,500 · Total $500,000 Match and leverage are provided through Ukiah Redevelopment Agency funds already committed for acquisition of property. The CDC is cooperating with RCt/I)C on this project by offering to write and administer funding applications. The CDC has experience with CDBG as the administrator for the C-ene~ Allocafion component of CDBO for the County of Mendocino. We have also '- L ' 81/14/2885 16:37 7874634188 CDC 'PAGE 83/83 admini~,ar~l CDBO gran~ for the City of LTkiah, most recently last year's CDBG application, which was fullded. We look forward to the opportunity to discuss ou~ p~oposal in more detail with you. you havc any questions, please contact me at 463-$462 Xl09. Sincerely, Todd Cral~tree Community Development Manager CC: Charley Stump, City of Ukiah Director Planning and DeveloPment Tom Mon Per~, RCHDC Roy Tindle, CDC Attachment #_ /7/ 14. STATE REQUIREMENTS The CDBG Program is a federally-funded program that is administered in California's small cities and counties by the Department (HCD). Within State Statute and R%mJ~lations, HCD has established the following program requirements: a. Targeted IncOme Group (TIG) Benefit All activities funded through the CDBG General Allocation Program shall principally benefit the Targeted Income Group (TIG) persons or households. As such, at least 51% of the beneficiaries of an eligible activity Shall be TIG · (unless it'is direct assistance, like housing rehab programs, whose beneficiaries must be 100% TIG). Targeted Income Group, which includes "Lowest Targeted Income Group (LTIG)," is based on current county income'limits provided annually by HCD. Targeted Income Group is defined as beneficiaries having incomes that are 80% or less of the adjusted area median household income. Lowest Targeted Income Group (LTIG) beneficiaries have incomes that are at 50% of the adjusted area median household income. Each application must contain a discussion of'how the proposed activity will principally benefit the targeted income group. Failure to adequately document the level of TIG benefit for the proposed activity, if the activity is brought to completion, will result in denial of the funds. Different actiVities can have TIG benefit documented in a variety of ways, so read the activity appendix in this NOFA for your proposed activity about how to provide the proper documentation. Exception: 10% set-aside activities may address either low income benefit, or slums and blig, ht. This is recent change so check with your CDBG Program representative to confirm how this national objective is to be documented. bi Native American Allocation An amOunt equal to 1.25% of the total State Program funds is to be granted to · eligible cities and counties to be used in identifiable geographic areas with concentrations (at least 51%) of Native American Indians not recognized as an Indian tribe by the Housing and Community Development Act of 1974. Contact your CDBG program representative for guidance on how to document this status. c. Colonias Allocation For the 2004 program year, an amount equal to five (5)% of the total State CDBG Program' funds is to be granted to 'eligible cities and counties to be used for eligible activities in designated Colonias. 13 AGENDA ITEM NO: 7B MEETING DATE: March 2, 2005 SUMMARY REPORT SUBJECT: POSSIBLE ACTION REQUIRED FOR PARTICIPATION IN PENSION OBLIGATION BOND PROGI::~MS OFFERED TO CALPERS PARTICIPATING AGENCIES BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY (CSCDA), Pension Obligation Bonds (POB's) have been suggested by CSCDA and CalPERS as a way to manage the City's CalPERS Unfunded Actuarially Accrued Liability (UAAL) in a way that takes advantage of current bond market conditions. The potential benefit to participation is the difference in the cost of borrowing money on the bond market vs. the cost of borrowing money from CalPERS, as a UAAL does. On February 16, Council provided direction to research possible participation in the current bond offer being developed, requiring Council action on March 2, 2005. While participation in these bonds is clearly a Council decision, staff has received very mixed thoughts about the wisdom of offering a staff recommendation to Council. Ukiah's Statement of Investment Policy summarizes the primary objectives of City investments, in order of priority, as safety, liquidity and yield. Staff is not comfortable that all the elements of risk are sufficiently understood to allow a positive recommendation at this time. (continued on page 2) RECOMMENDED ACTION: Receive and discuss Staff report presented at Council meeting. Take action as recommended. ALTERNATIVE COUNCIL POLICY OPTIONS: Provide direction to staff to participate in current or future bond issue, or to discontinue further research and attention. Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: Mike McCann, Finance Director Approved: Candace Horsley, Cit~anager Staff believes that there are several risk factors associated with this bond issue: , CalPERS attempts to maximize earnings by investing more aggressively in the equity and bond markets than City of Ukiah policy generally allows. One way to understand the issuance of POB bonds is that the City is exchanging its conservative, and very safe, investment restrictions for the more aggressive and risky policies of retirement system. Generally the CalPERS portfolio is more volatile in market downturns and upswings than the City's investments . The interest rate CalPERS earns on their portfolio may fall below the rate at which the bonds were issued, in which case the City would be making a bond payment at a higher rate than the retirement system's current earnings. Staff is aware of a widely repeated impression that there was a 75% chance that POBs would be a good investment, with a 25% chance of a probably small loss. . In the event of an actual market loss at CalPERS, any funds that the City has in that investment portfolio share in that loss of principal. The higher our investment total, the higher the loss. In the event of a loss it would in fact be better to have high UAAL and Iow investment balance. . CalPERS may have higher than expected returns (i.e.16% vs. 7.75% expected in 2003-04) which may lead to a restatement of Ukiah's UAAL. A significant reduction in the UAAL could have the effect of putting the city into a "superfunded" position, in effect pre-paying our retirement obligations. While our funds would earn interest and help reduce future cash-flow needs, it is unclear that this would be an advantage in the present period. Super-funded balances cannot be refunded to the City in cash but are used to reduce the City's current contribution rates. , Making a decision to move into the next "validation" stage of preparation for the issuance does not obligate the City to issue bonds, however it does involve a non-refundable $7,500 bond attorney's fee and creates the expectation that the City Attorney will "coordinate all court filings, appearances and publication of summons" 6. Finally, staff notes that with the issue water and waste water bond issues already in preparation, this would be the third City debt issue in a single year. Documents were delivered via e-mail to Ukiah for review on Monday, February 28. Staff attended a professional conference on February 24 and 25, during which several conversations on the topic were held with private actuaries and other Finance Directors. Staff was encouraged to thoroughly investigate all the risks before recommending any action. Staff would be pleased to continue to watch this situation and return at a later date if action seems appropriate. AGENDA ITEM NO: MEETING DATE: March 2, 2005 SUMMARY REPORT SUBJECT: POSSIBLE ACTION REQUIRED FOR PARTICIPATION IN PENSION OBLIGATION BOND PROGRAMS OFFERED TO CALPERS PARTICIPATING AGENCIES BY THE CALIFORNIA STATEWlDE COMMUNITIES DEVELOPMENT AUTHORITY (CSCDA), As previously reported, Pension Obligation Bonds (POB's) may be a way to manage the City's CalPERS Unfunded Actuarially Accrued Liability (UAAL) in a way that takes advantage of current bond market conditions. The potential benefit to participation is simply the difference in the cost of borrowing money on the bond market vs. the cost of borrowing money from CalPERS, as a UAAL does. On February 16, Council provided direction to continue to research possible participation in the current bond offer being developed, requiring Council action on March 2, 2005. That research is on-going. It appears that the Council may have to make a decision to move into the next "validation" stage of preparation for the issuance. While this step does not obligate the City to issue bonds, it does involve a non-refundable $7,500 fee. Since documents will not be delivered to Ukiah for review until Monday, February 28, 2005, it is staff's recommendation that Council receive this report to allow the City to keep the option to participate open while adequate research can be performed. RECOMMENDED ACTION: Receive and discuss report ALTERNATIVE COUNCIL POLICY OPTIONS: Determine that further efforts towards POB participation be discontinued. Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: Council Mike McCann, Finance Director Candace Horsley, City Manager Non Approved:,._ anager ITEM NO. 7c DATE: March 2, 2005 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING FOR ELECTRIC EMPLOYEE BARGAINING UNIT (IBEW LOCAL 1245) The City's Labor Negotiators and the City Manager have met with representatives of the Electric/IBEW Unit to discuss negotiation items for the term of October 1, 2004 - December 31, 2005. The negotiations resulted in a mediated agreement on February 10, 2005, which was subsequently ratified by the Unit. The City Council discussed the mediated agreement at its February 16, 2005 meeting in closed session. The proposed Memorandum of Understanding (MOU) has been submitted for Council's review under separate cover for closed session, if necessary. The Electric Unit has a comprehensive MOU document, therefore to make the review process easier for you, only those items that were negotiated or changed as a result of the February 10, 2005 mediation agreement have been provided for your review. A complete copy of the Electric Unit MOU is available in the Personnel Department. If the City Council is prepared to adopt the attached resolution, a closed session will not be necessary. Staff recommends adoption of the resolution approving the Memorandum of Understanding for the Electric/IBEW Unit for the term of October 1, 2004 - December 31,2005. RECOMMENDED ACTION: Adoption of resolution approving Memorandum of Understanding for the Electric/IBEW Bargaining Unit for the term of October 1,2004 - December 31,2005. ALTERNATIVE COUNCIL POLICY OPTIONS: . Do not adopt resolution. Refer to Staff for amendments. Citizen Advised: Requested by: N/A Prepared by: Coordinated with: Attachments: N/A Melody Harris, Personnel Officer Candace Horsley, City Manager 1. Resolution Candace Horsley, City M~ager 3:MOU~ASR-IBEW04-05 Aflachmen! ~p RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF UKIAH AND THE ELECTRIC UNIT (IBEW LOCAL 1245) WHEREAS, the Employee/Employer Relations Officer has met and conferred in good faith with representatives of the Electric Unit; and WHEREAS, a Memorandum of Understanding for the term of October 1, 2004 - December 31,2005 has been arrived at; and WHEREAS, said Memorandum of Understanding has been presented to the City Council for its consideration. NOW, THEREFORE, BE IT RESOLVED that this Memorandum of Understanding is hereby adopted and the Employee/Employer Relations Officer is authorized to enter into this Agreement. PASSED AND ADOPTED this 2nd day of March 2005, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Mark Ashiku, Mayor ATTEST: Marie Ulvila, City Clerk 3:mou\resmou Resolution No. 2005- Page 1 of 1 AGENDA SUMMARY ITEM NO. DATE: March 2, 2005 REPORT SUBJECT: REQUEST AUTHORIZATION FOR THE CITY MANAGER TO NEGOTIATE A CONSTRUCTION CONTRACT FOR THE WATER TREATMENT PLANT IMPROVEMENT PROJECT On January 3, 2005, a Request For Bids was issued for improvements to the Water Treatment Plant including construction of a high-pressure pump station and the addition of a water filtration unit as required by the California Department of Health Services (DHS). 29 sets of plans and specifications were distributed to Builders Exchanges, General Contractors, and subcontractors. On February 24, at 2:00 p.m., the City received no bids from any General Contractors. The California Public Contracts Code § 20166 pertaining to rejection of bids, identical bids and the absence of bids allows in its discretion, if no bids are received, the legislative body have the project done without resubmitting the project for bids. Due to the importance of completing the improvements to the Water Treatment Plant within this construction season, Staff is requesting the City Council authorize the City Manager to negotiate a construction contract for this project with a qualified and experienced construction company in water treatment plant construction projects. The final contract will be presented to the Council at that time for approval. RECOMMENDED ACTION: Authorize the City Manager to negotiate a construction contract for the Water Treatment Plant Improvement Project. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Reject Staff's request and provide direction to Staff on alternatives. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Bernie Ziemianek, Director of Public Utilities Ann Burck, Project Engineer/Manager Candace Horsley, City Manager APPROVED: Candace Cit~ Horsley, anager