RESOLUTION R2024-__
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NAPA, STATE OF CALIFORNIA, (1) authorizing THE PUBLIC WORKS DIRECTOR TO NEGOTIATE AND EXECUTE AN IMPROVEMENT AGREEMENT WITH NAPA REDEVELOPMENT PARTNERS, LLC (nrp) REQUIRING NRP TO REPAIR AND REPAVE A SECTION OF KAISER ROAD BETWEEN STATE HIGHWAY 221 AND EAST OF THE NEW ROUNDABOUT AT KAISER ROAD AND SYAR WAY IN LIEU OF MAKING THE TWO PAYMENTS REQUIRED BY THE NAPA PIPE DEVELOPMENT AGREEMENT IN THE AMOUNT OF $350,000 EACH; (2) DETERMINING THAT THE WORK TO BE PERFORMED UNDER THE IMPROVEMENT AGREEMENT QUALIFIES AS A SPECIALTY ITEM UNDER nAPA MUNICIPAL CODE SECTION 2.91.050; AND (3) determining that the actions authorized by this resolution were adequately analyzed by a previous CEQA action WHEREAS, on February 28, 2020, the City and Napa Redevelopment Partners (“NRP”) executed that certain Second Amendment to and First Restatement of Development Agreement by and between City of Napa and Napa Redevelopment Partners, LLC, (the “DA”) to govern NRP’S development of the Napa Pipe project (the “Project”) on approximately 154 acres in the City of Napa, as more particularly described in the DA; and WHEREAS, the Project site is located at 1025 Kaiser Road, and the segment of Kaiser Road that connects the Project site to State Highway 221 (hereafter, “Kaiser Road”) is in need of repaving because it currently has a failed rating based on the latest pavement condition index; and WHEREAS. under the DA, NRP is required to make certain improvements to Kaiser Road, but the required improvements do not include repaving; and WHEREAS, the repaving of Kaiser Road is not in the City’s current capital improvement program or the Public Works Operations local street paving program, and Staff estimates the cost to the City of designing, contracting, constructing and inspecting a Kaiser Road paving project would exceed $850,000; and WHEREAS, the DA also requires NRP to make annual payments of $350,000 each to the City (the “Landowner Payments”) commencing on the date the first residential building permit is issued, and continuing each year until a Certificate of Occupancy is issued for a membership warehouse store on the Project site; and WHEREAS, the City began issuing residential building permits in late 2023, and one Landowner Payment is currently due but has not been paid; and WHEREAS, it is anticipated that a second Landowner Payment will be due later this year; and WHEREAS, NRP has proposed that, in lieu of making the first two Landowner Payments under the DA, it repave a portion of Kaiser Road as part of the Kaiser Road improvements work required under the DA; and WHEREAS, because the value to the City of the completed repaving work exceeds the total of the first two Landowner Payments under the DA, and because the City would not be in a position to complete the re-paving work for several years, Staff has recommended that the City accept the NRP’s proposal to repave a portion of Kaiser Road in lieu of making the first two Landowner Payments; and WHEREAS, Staff has also determined that the potential environmental impacts from adding the repaving work to the Kaiser Road improvements work that NRP is currently required to perform under the DA were adequately considered and addressed in the environmental impact report for the Project certified by the Napa County Board of Supervisors on or about January 14, 2013 (State Clearinghouse No. 2008122111) (including subsequent addenda thereto, the “Certified EIR”).
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Napa, as follows:
Section 1. The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct and establish the factual basis for the City Council’s adoption of this Resolution.
Section 2. The City Council hereby determines, based on the Certified EIR, that the potential environmental effects of the actions authorized by this resolution were adequately evaluated, that none of the conditions described in Section 15162 of the CEQA Guidelines requiring preparation of a subsequent environmental document would occur as a result of approving this agreement, the actions authorized by this action were adequately addressed by such previous CEQA actions, and therefore no additional environmental review or document is required.
Section 3. The City Council hereby determines that the work to be performed under the Improvement Agreement qualifies as a specialty item under Napa Municipal Code Section 2.91.050 and makes the findings set forth in Exhibit A in support thereof.
Section 4. The City Council hereby authorizes the Public Works Director to negotiate and execute an Improvement Agreement with NRP for the paving of Kaiser Road by NRP in accordance with City standards and plans approved by the City in lieu of making the first two Landowner Payments required by the DA.
Section 5. This Resolution shall take effect immediately upon its adoption.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Napa at a public meeting of said City Council held on the 4th day of June 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: ________________________
Tiffany Carranza
City Clerk
Approved as to form:
Sabrina S.Wolfson
Interim City Attorney
EXHIBIT A
WRITTEN DETERMINATION AND FINDINGS
FOR SPECIALTY ITEMS PURSUANT TO NAPA MUNICIPAL CODE SECTION 2.91.050 KAISER ROAD REPAIR AND RE-PAVING PROJECT (ENG18-0017)
Per NMC 2.91.050, the City may enter into a contract for a "specialty item," provided that the City Manager makes a written determination of the following:
1. Project need which the City intends to satisfy through the contract for the specialty item. Please provide a functional description (or performance criteria) of the City’s needs.
Kaiser Road is in need of repaving including grinding, asphalt repairs (digouts), lowering and raising utility structures, paving and striping.
2. The types of property or service which are available (or used by other similarly situated private or public agencies) to meet this need (or similar needs), and the contractors which are available to provide the property or service. Please provide documentation of the steps the City has taken to evaluate the types of property, service, and contractors potentially available to serve the City's needs.
NRP, as the Landowner for the Napa Pipe project, due to the nature of their construction project and resources available to them, can perform the repaving of Kaiser Road more efficiently and expediently than the City or another contractor.
3. Please provide the reasons why a similar property or service cannot meet the City’s needs (including considerations of compatibility with other City property and services regarding maintenance, repair, training, quality, price, or similar considerations), or why the City's needs can only be met by one type of property or service (the specialty item).
NRP can perform the repaving work as part of its construction of the Napa Pipe project and other improvements to Kaiser Road, thereby providing the most efficient means for performing the work.
4. By entering into a contract for the specialty item from the proposed contractor, the City will meet the purpose and goals identified in NMC Section 2.91.010.
The City will meet the purpose and goals identified in Section 2.91.010(D) by contracting with NRP to perform the paving work because NRP will already be performing work in the area resulting in efficient project delivery and a cost-effective project.5. The contract complies with the requirements of NMC Section 2.91.030 (B).
Pursuant to NMC Section 2.91.030(B)(2), (a) the contract will be approved as to form by the City Attorney, (b) as determined by the City Auditor, there are sufficient unencumbered funds to cover the cost of the contract, and (c) the City Council will authorize the Parks and Recreation Services Director to enter into the contract.
BUDGET APPROVAL: YES IFAS BUDGET #: N/A
REQUESTOR NAME AND DEPARTMENT
Tim Wood, Public Works
EXTENSTION
7690
REQUESTED VENDOR NAME
Napa Redevelopment Partners, LLC
VENDOR CONTACT PHONE NUMBER
415-810-6404 (D. Irving)
________________________________ _________________________ Signature of Requestor Date
________________________________ _________________________ Department Head Signature Date
________________________________ __________________________ City Manager Date
NMC 2.91.010 D. Consistent with the requirements of the City Charter, including City Charter Sections 100 through 105, this Chapter establishes the parameters by which representatives of the City may enter into contractual obligations on behalf of the City. It is the goal of the City that any administrative regulations adopted to implement this Chapter, and any City contract, will meet the following goals:
Obtain the most cost effective result for the City, which avoids improvidence, extravagance, and any other waste of public funds or public property, and which also achieves an appropriate balance between the costs and benefits of maximizing quality within available resources.
Takes into consideration all reasonably available relevant information regarding the range of types, effectiveness, quality, and costs of potential property, services, public projects, and contractors available to achieve the City's project goals. Depending upon the particular requirements of the project (and the more particular procedures identified in this chapter), the information to be considered may include data gathered from one or more of the following sources: similar City projects, other public agencies, professional journals, private businesses, outreach to potential contractors, and private businesses, competitive bids, formal or informal quotes, proposals, or qualification statements.
Guards against favoritism, fraud, corruption, and conflicts of interest.
Efficiently uses City resources in the preparation, approval, administration, and enforcement of contracts which are effective tools in achieving the City's goals.
NMC 2.91.030 B. Execution and administration of contracts The City Manager is authorized to take any steps necessary to prepare contract documents, prior to final approval of the contract, in accordance with the procedures set forth in this Chapter, including: requesting proposals, inviting bids, applying for grants, and negotiating contract terms.
The City Manager is authorized to execute any contract on behalf of the City provided that: (a) pursuant to City Charter Section 100, the contract is in writing and approved as to form by the City Attorney; and (b) the contract is covered by sufficient unencumbered funds appropriated in the adopted budget, and (to the extent required by City Charter Section 100) the contract is endorsed by the City Auditor; and (c) the contract is prepared in accordance with all other requirements of this Code and the administrative regulations; and (d) the contract is covered by any one of the following categories: (i) the City Council has separately authorized the City Manager to execute on behalf of the City pursuant to an ordinance, resolution, or other Council action, or (ii) the City’s commitments under the contract are in an amount less than or equal to the amount established by the Controller of the State of California for formal bidding procedures as required by California Public Contract Code Sections 22020 and 22032(c) (as of January 1, 2009, this amount is established at $125,000), or (iii) the contract is necessary to resolve an emergency pursuant to Section 2.91.040 of this Chapter or pursuant to Chapter 2.89 of this Code. It shall be unlawful to split, or separate into smaller contracts, any contract for the purpose of evading the dollar amounts identified in this chapter.
The City Manager is authorized to implement and enforce each contractor's compliance with contract requirements, including inspections and acceptance of complete performance, and termination of the contract, all in accordance with the requirements of the contract.
NMC 2.91.050 Exceptions for Specialty Items
The City may enter into a contract for a "specialty item," in accordance with this section, without further complying with the requirements of this Code, provided that the City Manager makes a written determination of the following:
The project need which the City intends to satisfy through the contract for the specialty item. This includes a functional description (or performance criteria) of the City’s needs.
The types of property or service which are available (or used by other similarly situated private or public agencies) to meet this need (or similar needs), and the contractors which are available to provide the property or service. This includes documentation of the steps the City has taken to evaluate the types of property, service, and contractors potentially available to serve the City's needs.
The reasons why a similar property or service cannot meet the City’s needs (including considerations of compatibility with other City property and services regarding maintenance, repair, training, quality, price, or similar considerations), or why the City's needs can only be met by one type of property or service (the specialty item).
By entering into a contract for the specialty item from the proposed contractor, the City will meet the purpose and goals identified in Section 2.91.010 of this Chapter.
The contract complies with the requirements of Section 2.91.030 (B) of this Chapter.
The City Council hereby determines that compliance with the requirements of this Section shall satisfy the requirement to award City contracts to the lowest and best bidder, pursuant to City Charter Section 101.
R2024-__ Page 1 of 2 June 4, 2024
R2018-__ Page 1 of 2 Type approved date of resolution here ATTACHMENT 1
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