HomeMy WebLinkAbout2009-04-01 Packet1. ROLL CALL
6. RIGHT TO APPEAL DECISION
Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court.
The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90)
the time within which the decision of the City Boards and Agencies may be judicially challenged.
7. CONSENT CALENDAR
The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City
Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event
the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the
Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission
recommendations.
a. Rejection of Claim for Damages Received from Robert Mathews and Referral to Joint
Powers Authority, Redwood Empire Municipal Insurance Fund
b. Renewal of Annual IBM AS/400 Hardware Maintenance Contract through Chouinard and
Myhre, Inc. in the Amount of $9357.35.
C. Report Regarding the Repair of Street Light at 595 Oak Manor Drive by Republic ITS in the
Amount of $6,400.00.
d. Discussion and Possible Action Regarding Capital Improvement Program Ad Hoc
Committee Member Change
e. Report Regarding the Purchase of a Burndy Hydraulic Press and Associated Parts and
- Accessories from Wesco Distribution in the Amount of $5,236.43.
f. Formal Approval of City Council Five Percent Pay Reduction for the Months of April
Through June, 2009
g. Update Report Regarding Status of Water Emergency Conditions Necessitating
Emergency Resolution to Expedite Construction of Gobbi Street Water Well
h. Adoption of Ordinance Amending Sections 3798a, 3704.2 And 3706.7, Regulating the Use
of Grease Traps Under the City's Sewer Ordinance and Updating References to Building
and Related Codes in Sections 9277.A and J, 9278.13 and 9543.A of the Ukiah City Code
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. PUBLIC HEARINGS (6:15 PM)
10. UNFINISHED BUSINESS
a. Resolution of the Ukiah City Council Regarding Senior Populations and Eligibility for
Entitlement Programs, and Authorizing the City Council to Support State and Federal
Legislation that Would Increase Protections for Seniors Disqualified from Public
Programs/Services After Receiving One
b. Status Report Regarding Downtown/Perkins Street Zoning District (Form Based Code)
Project
C. Receive Report from Government Financial Strategies (GFS) Regarding Projected General
Fund Revenues and Expenditures
d. City Attorney Report on and Discussion and Possible Direction Regarding Mobile Home
Park Rent Stabilization Ordinance
11. NEW BUSINESS
a. Authorize the City Manager to Execute a Consultant Services Agreement with Taber
Consultants for Oversight of Drilling, Testing and Construction of the Gobbi Street Water
Well Project for a Not To Exceed Amount of $55,000 and Authorize a Budget Transfer
b. Resolutions Concerning Temporary 5% Reduction in Employee Pay for April - June 2009:
Management, Miscellaneous, Fire & Fire Management Bargaining Units.
12. COUNCIL REPORTS
13. CITY MANAGER/CITY CLERK REPORTS
a. Various Stimulus Applications Status Report
14. CLOSED SESSION - Closed Session may be held at any time during the meeting
a. Conference with Labor Negotiator (§54957.6)
Agency Representative: Jane Chambers, City Manager
Employee Organizations: Department Head Unit, Electric Unit, Fire Unit, Management
Unit, Miscellaneous Unit, Police Unit
b. Conference with Real Property Negotiators 54956.8)
Property: APN 001-020-09 and 11
Negotiator: Jane Chambers, City Manager
Negotiating Parties: City of Ukiah/County of Mendocino
Under Negotiation: Price and 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, 7:30 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 27th day of March, 2009.
Linda C. Brown, City Clerk
Item 5a
CITY OF UKIAH
CITY COUNCIL MINUTES
1. ROLL CALL
Ukiah City Council met at a Regular Meeting on March 18, 2009, the notice for which
being legally noticed on March 13, 2009. Mayor Baldwin called the meeting to order at
6:02 pm. Roll was taken with the following Councilmembers present: Landis, Thomas,
Crane, Rodin, and Mayor Baldwin. Councilmembers absent: none. Staff present: City
Manager Chambers, City Attorney Rapport, Associate Planner Faso, Director of
Planning and Community Development Stump, Director of Public Safety Dewey, Finance
Director Elton, and Deputy City Clerk Currie.
2. PLEDGE OF ALLEGIANCE
3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a. Presentation by Ukiah Firefighters Association of a $5,000 In-Kind Donation
of Multi-gas Detectors to the City of Ukiah6:03:10 PM
Joyce Boghosian, Volunteer Firefighter and Treasurer of the Ukiah Firefighters
Association, provided a description of the latest equipment, Multi-gas Detectors,
which was donated to the Ukiah Fire Department by the Association.
4. PETITIONS AND COMMUNICATIONS
a. Citizen Petition of Support from City Council Regarding Possible
Consideration of a Sample Resolution Regarding Seniors Eligibility for
Entitlement Programs, and the Impacts of Automatic Cost of Living
Adjustments (COLAs) that Often Result in Program/Service Disqualification
6:05:57 PM
J. R. Rose, a resident of Mendocino County, petitioned the City Council to add to
an upcoming agenda consideration of a resolution regarding seniors' eligibility for
entitlement programs and the impacts of automatic cost of living adjustments that
often result in program/service disqualification.
M/S Thomas/Landis to approve adding this item
Motion carried by the following roll call vote: AYES
Thomas, Crane, Rodin, and Mayor Baldwin. NOES:
ABSTAIN: None.
5. APPROVAL OF MINUTES 6:15:21 PM
a. Regular Minutes of February 18, 2009
b. Special Minutes of March 4, 2009
C. Regular Minutes of March 4, 2009
to an upcoming agenda.
Councilmembers Landis,
None. ABSENT: None.
CC 3/18/09
Page 1 of 5
M/S Crane/Landis to approve the Regular Minutes of 2/18/09 and 3/4/09 and the
Special Minutes of 3/4/09 as submitted. Motion carried by the following roll call vote:
AYES: Councilmembers Landis, Thomas, Crane, Rodin, and Mayor Baldwin. NOES:
None. ABSENT: None. ABSTAIN: None.
6. RIGHT TO APPEAL DECISION 6:16:02 PM
7. CONSENT CALENDAR 6:16:27 PM
M/S Crane/Thomas to approve the Consent Calendar items 7a-7e:
a. Report of Disbursements for the Month of February 2009
b. Approval of Notice of Completion for the Repairs to the Grace Hudson Museum,
Specification No. 08-13 and Approval of Budget Amendment in the Amount of
$4,760.99
C. Update Report Regarding Status of Water Emergency Conditions Necessitating
Emergency Resolution to Expedite Construction of Gobbi Street Water Well
d. Report to City Council on the Enhancement of the Electric Utility Department's
Public Benefits Program with the Addition of "Keep Your Cool" Program
e. Authorize the City Manager to Execute a Contract Amendment with Borismetrics
in the Amount of $22,000 to Complete a Cost of Service Study and Rate Study
and Authorize a Budget Amendment for the Same
Motion carried by the following roll call vote: AYES: Councilmembers Landis, Thomas,
Crane, Rodin, and Mayor Baldwin. NOES: None. ABSENT: None. ABSTAIN: None.
8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS 6:17:19 PM
Councilmember Baldwin, Landis, and Thomas said a few words about Ken Anderson,
his service over the years to the City, and that he will be missed.
9. PUBLIC HEARINGS (6:15 PM)
a. Approval of Application to Allow the Removal of More than 50% of the
Exterior Front Facade of a Building Over 50 Years Old Located at 113 West
Perkins Street, Ukiah 6:19:26 PM
Associate Planner Faso and Director of Planning and Community Development
Stump presented the item. Recommended Action: Approve the Demolition
Permit to allow the removal of more than 50% of the exterior of the building
located at 113 West Perkins Street, based on the finding that it does not have
historical or architectural significance.
M/S Crane/Landis to approve the Recommended Action.
Public Hearing Opened 6:21 pm 6:21:41 PM
Public Speaking in support of the item: Zachary Schat, property owner.
Public Hearing Closed 6:22 pm 6:22:55 PM
Motion carried by the following roll call vote: AYES: Councilmembers Landis,
Thomas, Crane, Rodin, and Mayor Baldwin. NOES: None. ABSENT: None.
ABSTAIN: None.
b. Public Hearing on Uniform Construction Cost Accounting Commission
(CIFAC) findings: 1) Alice Street Project 2) Golf Course Tributary Project
6:24:48 PM
CC 3/18/09
Page 2 of 5
City Manager Chambers presented the item. Recommended Action: Receive
the report.
Public Hearing Opened 6:33 pm 6:33:15 PM
Public Speaking to the item: Sally Riley, Senior Field Rep for CIFAC, expressed
her thoughts regarding the process, findings, and the City's plan to improve
performance; 6:37:05 PM Pat O'Hallorun, Agent with the Operating Engineers
Local #3, stated it is in the best interest of the employees for the City to be in
compliance with the California Uniform Cost Account and expressed his hope the
City will adhere to the plan to improve performance; 6:38:04 - PM Lee Howard
verbally provided more information regarding the Force Accounting process and
suggested the City Council conduct its own set of checks and balances to ensure
the City remains in compliance; 6:48:25 PM Eric Crane, representing the North
Coast Builders Exchange, spoke to his experience with City staff regarding the
force accounting issues over the years and expressed his hope these strikes will
make the difference and recommends City Council put in place a checks and
balances system.
Public Hearing Closed 6:64 pm
By Consensus, City Council received report.
10. UNFINISHED BUSINESS
a. Update Regarding Judicial Council of California, Administrative Office of
the Courts (AOC): Status of Court Facilities Planning for Mendocino
County Courthouse (Ad Hoc Committee will make a verbal status report
update) 7:00:54 PM
Director of Planning and Community Development Stump and Councilmembers
Rodin and Landis presented a verbal status report on the most recent
correspondence from State Administrative Office of the Courts requesting
detailed information regarding a possible preferred site(s). Staff and the Ad Hoc
Committee are investigating a study area downtown and gathering the
information on what the State Administrative Office of the Courts needs. Staff is
preparing a response to the letter and the Ad Hoc Committee will be meeting
Friday, March 20, to review the materials. The letter to the State Administrative
Office of the Courts will be submitted before the May 2009 deadline.
Recommended Action: receive report.
Public Comment Opened 7:06 pm 7:06:13 PM
Public Speaking to the item: Supervisor McCowen and John Mayfield.
Public Comment Closed 7:08 pm
By Consensus, City Council received report.
11. NEW BUSINESS
a. Consideration of a New Agreement for Automatic Fire Aid and Operational
Memorandum of Understanding Between the Ukiah Valley Fire District and
the City of Ukiah 7:09:36 PM
Director of Public Safety Dewey presented the item and reported the Ukiah
Valley District Board unanimously approved of this agreement at their March 11,
2009, meeting. Recommended Action: Authorize the Director of Public Safety
CC 3/18/09
Page 3 of 5
to enter into a new Auto Aid Agreement and MOU with the Ukiah Valley Fire
District.
M/S Crane/Landis to approve the Recommended Action. Motion carried by the
following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, Rodin,
and Mayor Baldwin. NOES: None. ABSENT: None. ABSTAIN: None.
b. Discussion and Possible Action Accepting Proposals for Water and
Wastewater Rate Studies and Consideration of Budget Amendments for the
Water and Sewer Funds 7:16:16 PM
Director of Finance Elton presented the item. Recommended Action: Discuss
report and direct staff to add award of contracts for water and wastewater rate
study services and the related budget amendments to the planned joint meeting
with the Ukiah Valley Sanitation District (UVSD).
By Consensus, City Council agreed with recommended action.
C. Consideration of Approval of Sending a Letter to the State Water
Resources Control Board in Support of Local Agriculture Frost Protection
7:32:12 PM
Councilmember Thomas presented the item. Local Agriculture Frost Protection
will be discussed next month in Sacramento by the State Water Resources
Control Board. Citizens are urging Municipalities and others to write to the State
Water Resources Control Board in support of local agriculture frost protection.
Recommended Action: Consideration of Approval of Sending a Letter to the
State Water Resources Control Board in Support of Local Agriculture Frost
Protection. Determine the substance of the letter, if applicable, and authorize the
Mayor to sign the letter.
Public Comment Opened 7:37 pm 7:37:27 PM
Public Speaking to the item: John McCowen supports letter.
Public Comment Closed 7:38 pm
M/S Crane/Landis to approve sending a letter in support of local agriculture frost
protection signed by the Mayor. Motion carried by the following roll call vote:
AYES: Councilmembers Landis, Thomas, Crane, Rodin, and Mayor Baldwin.
NOES: None. ABSENT: None. ABSTAIN: None.
d. Award of Contract Subject to Staff Evaluation of Testing Outcomes for the
Construction of the Gobbi Street Water Well Specification Number 09-06, or
Establishment of a Special Council Meeting Date to Award Gobbi Street
Water Well 7:38:54 PM
Deputy Director of Public Works Water/Sewer Division Burck presented the item
and gave a verbal update on drilling done by Zim Industires, Inc., that has
happened the past few days and reported on the amount of water that appears
available based on the geotechnical data. The bids were opened today and Zim
Industries, Inc., was low bidder. Recommended Action: Award contract for the
construction of the Gobbi Street Water Well Project Specification No. 09-06 to
Zim Industries, Inc., the lowest responsive, responsible bidder based on bids
submitted on March 18, 2009.
CC 3/18/09
Page 4 of 5
MIS Crane/Rodin to approve the Recommended Action Motion carried by the
following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, Rodin,
and Mayor Baldwin. NOES: None. ABSENT: None. ABSTAIN: None.
12. COUNCIL REPORTS
Councilmember Landis expressed her interest in becoming a member of the Strategic
Planning Capital Improvement Program Ad Hoc Committee and Councilmember
Thomas is willing to relinquish his appointment; this will be added to a future Consent
Calendar. 8:15:53 PM
Mayor Baldwin inquired as to the protocol for requesting City Attorney Rapport to work
on outside agency issues, for example, Inland Water and Power Commission (IWPC). A
meeting between the Army Corp and the oversight committee (Candace Horsley, Phil
Baldwin, Judy Hatch, and Sean White) is in the process of being scheduled. City
Attorney Rapport stated he receives direction from the City Manager. 8:17:10 PM
13. CITY MANAGER/CITY CLERK REPORTS
City Manager Chambers provided the following tentative meeting dates: May 6 and 7, for
a workshop on the general fund and Ukiah Redevelopment Agency 09/10 budgets and
May 20 for adoption; June 16 for adoption of the remainder of the funds; and June 18 for
a Joint Meeting with UVSD to adopt that budget. .8:20:23 PM
City Manager Chambers notified City Council the Board of Supervisors has requested a
joint meeting the afternoon April 21 to discuss three topics, Revenue Sharing
Agreement, AB 1600, and Courthouse Study, in addition to anything the City would like
to discuss. 8:25:34 pM
Recessed as City Council and convened as Ukiah Redevelopment Agency at 8:28 pm.
Reconvened as City Council and recessed to Closed Session at 8:30 pm.
14. CLOSED SESSION - Closed Session may be held at any time during the meeting
a. Conference with Labor Negotiator (§54957.6)
Agency Representative: Jane Chambers, City Manager
Employee Organizations: Department Head Unit, Electric Unit, Fire Unit,
Management Unit, Miscellaneous Unit, Police Unit
b. Conference with Real Property Negotiators 54956.8);
Property: APN 001-020-09 and 11
Negotiator: Jane Chambers, City Manager
Negotiating Parties: City of Ukiah/County of Mendocino
Under Negotiation: Price and terms
PULLED
Reconvened in Open Session with no reportable action at 9:30 pm.
15. ADJOURNMENT
There being no further business, the meeting adjourned at 9:30 pm.
JoAnne M. Currie, Deputy City Clerk
CC 3/18/09
Page 5 of 5
April 1, 2009
SUBJECT: REJECTION OF CLAIM FOR DAMAGES RECEIVED FROM ROBERT MATHEWS AND
REFERRAL TO JOINT POWERS AUTHORITY, REDWOOD EMPIRE MUNICIPAL
INSURANCE FUND
Background: A claim from Robert Mathews was received by the City of Ukiah on February 26, 2009
requesting reimbursement for medical treatment on September 4, 2008.
Discussion: Pursuant to City policy, it is recommended the City Council reject this claim as stated and refer
it to the Redwood Empire Municipal Insurance Fund (REMIF).
Fiscal Impact:
1-1 Budgeted FY 08/09 1-1 New Appropriation FX1 Not Applicable F Budget Amendment Required
Recommended Action(s): Reject claim for damages received from Robert Mathews and refer it to the
Joint Powers Authority, Redwood Empire Municipal Insurance Fund.
Alternative Council Option(s): Alternative action not advised by the City's Risk Manager.
Citizens advised: Yes
Requested by: Claimant
Prepared by: Melody Harris, Human Resources Director/Risk Manager
Coordinated with: Jane Chambers, City Manager
Attachments: 1 - Claim of Robert Mathews, pages 1 - 4
Approved:
J e Chambers, City Manager
RESERVE FOR FILING STAMP
UM NO.
FEB 2 6 2009
o Ukiah
A claim must be presented, as prescribed by the Government Code of the State of California, by the claimant or a person
acting on his/her behalf and shall show the following:
If additional space is needed to provide your information, please attach sheets, identifying the paragraph(s)
being answered.
1. Name and Post Office address of the Claimant:
NameofClaimant: Robert Matthews
Post Office Address: D !!11 Bex 7`~
P.Q.
Calpella, CA 95418
2. Post Office address to which the person presenting the claim desires notices to be sent:
Name of Addressee: Robert Matthews Telephone: 707.485.7367
Post Office Address: P.O. Box 79
Calpella, CA 95418
3
The date, place and other circumstances of the occurrence or transaction which gave rise to the claim asserted.
Date of Occurrence: September 4, 2008 Time of Occurrence: 9: 00 pm
Location: 100 S. Orchard Ave., Ukiah, GA
Circumstances giving rise to this claim:
Please see attachment 3, which is incorporated by
reference as if fully set forth herein.
4
General description of the indebtedness, obligation, injury, damage or loss incurred so far as it may be known at
the time of the presentation of the claim.
See attachment 41 which is incorporated b_y reference
as if fully set forth herein.
The name or names of the public employee or employees causing the injury, damage, or loss, if known.
Rick Pintane and approximately six (6) other police
officers unknown to me.
5.
Page 1 of 3
Revised 12/2006
6. If amount claimed totals less than $10,000: The amount claimed if it totals less than ten thousand dollars
($10,000) as of the date of presentation of the claim, including the estimated amount of any prospective injury,
damage, or loss, insofar as it may be known at the time of the presentation of the claim, together with the basis of
_corrput~fibn',af tfie amount claimed.
AmouOt Claimed a,nl basis for computation:
. . r3 E qtr
If amount claimed exceeds $10,000: If the amount claimed exceeds ten thousand dollars ($10,000), no dollar
amount shall be included in the claim. However, it shall indicate whether the claim would be a limited civil case.
A limited civil case is one where the recovery sought, exclusive of attorney fees, interest and court costs does not
exceed $25,000. An unlimited civil case is one in which the recovery sought is more than $25,000. (See CCP §
86.)
D Limited Civil Case Unlimited Civil Case
You are required to provide the information requested above, plus your signature on page 3 of this form,
in order to comply with Government Code §910. In addition, in order to conduct a timely investigation and
possible resolution of your claim, the city requests that you answer the following questions.
Claimant(s) Date(s) of Birth:
8. Name, address and telephone number of any witnesses to the occurrence or transaction which gave rise to the
claim asserted:
If the claim involves medical treatment for a claimed injury, please provide the name, address and telephone
number of any doctors or hospitals providing treatment:
Ukiah Valle Medical Center
by Jack Mason and Dr. Art Kugel.
If applicable, please attach any medical bills or reports or similar documents supporting your claim.
10. If the claim relates to an automobile accident:
Claimant(s) Auto Ins. Co.: Telephone:
Address:
Insurance Policy No.:
Insurance Broker/Agent: Telephone:
Address:
Claimant's Veh. Lic. No.:
Vehicle Make/Year:
Claimant's Drivers Lic. No.: Expiration:
If applicable, please attach any repair bills, estimates or similar documents supporting your claim.
Page 2 of 3
Revised 12/2006
READ C
For all accident claims, place on following diagram name of
streets, including North, East, South, and West; indicate place of
accident by "X" and by showing house numbers or distances to
street corners. If /Agency Vehicle was involved, designate by
letter "A" location of /Agency Vehicle when you first saw it, and by
"B" location of yourself or your vehicle when you first saw
AREFULLY
/Agency Vehicle; location of /Agency vehicle at time of accident
by "A-1" and location of yourself or your vehicle at the time of the
accident by "B-1" and the point of impact by "X."
NOTE: If diagrams below do not fit the situation, attach hereto a
proper diagram signed by claimant.
CURB
77
SIDEWALK
CURB
Warning: Presentation of a false claim with the intent to defraud is a felony (Penal Code §72). Pursuant to CCP
§1038, the /Agency may seek to recover all costs of defense in the event an action is filed which is later
determined not to have been brought in good faith and with reasonable cause.
Signature: lv"~67-4 4V~Alu' ~ Date: 2- -z 6 o i
SIDEWALK
Page 3 of 3
Revised 12/2006
ATTACHMENT 3
3. I was falsely and illegally arrested for reckless driving. While effecting the arrest, Rick
Pintane and several other police officers used excessive force upon me causing injury. This force
included handcuffing me with two sets of handcuffs which applied excessively tight as well as
violently forcing me into the police car on two separate occasions. Furthermore, while being
booked for this offense, I was subjected to multiple computer fingerprint scans. These scans
caused me serious injury to my eyes.
ATTACHMENT 4
4. I suffered injury to the nerves of my left hand which caused one of the nerves to be
completely severed.. I also suffered injury to two of my fingers on my left hand. The fingerprint
scan burned my eyes.
City aJ_'ZJkiafi
ITEM NO.. 7b
MEETING DATE:
AGENDA SUMMARY REPORT
4/1/2009
SUBJECT: RENEWAL OF ANNUAL IBM AS/400 HARDWARE MAINTENANCE CONTRACT
THROUGH CHOUINARD AND MYHRE, INC. IN THE AMOUNT OF $9357.35.
Background: The IBM AS/400 is a mid-range computer platform that houses the City of Ukiah's Financial
and Utility Billing applications. Annual maintenance for support of the hardware is paid to IBM annually
through a contract with an approved IBM VAR (Value Added Reseller). Chouinard and Myhre, Inc. has been
the IBM partner recommended in this area.
Discussion: To insure reliability and availability of our Financial and Utility applications the IT Department
recommends renewing our annual hardware maintenance contract with IBM through the recommended
reseller, Chouinard and Myrhe, Inc in the amount of $9357.35.
Fiscal Impact:
Budgeted FY 08/09 New Appropriation Not Applicable Budget Amendment Required
Amount Budgeted Source of Funds (title and Account Number Addit. Appropriation Requested
$3743.00 Finance Admin. and Accting. 100.1301.302.000
$3743.00 Billing and Collection 697.1305.302.000
$1871.35 Purchasing 696.1390.302.000
Recommended Action(s):
Renew annual IBM AS/400 hardware maintenance contract through Chouinard and Myhre, Inc. in the
amount of $9357.35.
Alternative Council Option(s): Reject and provide direction.
Citizens advised:
N/A
Requested by:
Steven A Butler, IT Supervisor
Prepared by:
Steven A Butler, IT Supervisor
Coordinated with:
N/A
Attachments:
IBM Hardware Maintenance renewal for AS400.msa
Approved: -.:v--~ -
J Chambers, City Manager
Page 1 of 1
Linda Brown
From: Sandy Obertello [sandy. obertello@cm-inc.com]
Sent: Tuesday, March 10, 2009 9:12 AM
To: Steven Butler
Subject: Maintenance renewal for AS/400
Importance: High
Steve, I sent you some initial list pricing for a new system, but I do not think we can get this
installed in 10 days ...your current maintenance contract expires on the 19th...so we should
probably get maintenance and shoot for a new system sometime in June ...then we can get
some credit back from IBM for the unused portion.
Here is the breakdown...I am not sure if you want everything on maintenance ...please let me
know as soon as you can so I can get contracts to you...
AS/400.....5149.69
Modem........ 56.99
8mm tape.. 1224.98
3570 tape..2925.69
Thanks
sandy Obertellul Account Executive
sandy.obertello@cm-inc.com
Ohouinard & Ui yhre, Inc.
An IBM Premier Business Partner
P 415-897-534119 707.795.0350
PO Box 636 1 Cotati CA 94931
www.cm-inc.com
3/19/2009
7c
April 1, 2009
SUBJECT: REPORT REGARDING THE REPAIR OF STREET LIGHT AT 595 OAK
MANOR DRIVE BY REPUBLIC ITS IN THE AMOUNT OF $6,400.00.
Pursuant to the requirements of Section 1522 of the Municipal Code, staff is filing with the City Council this report
regarding the repair of a street light at 595 Oak Manor Drive that was damaged by a private citizen and will be
reimbursed by their insurance. The total cost to repair was $6,400.00 and included: saw cutting and removal of
sidewalk, cutting anchor bolts, demolishing existing foundation below grade, and furnishing and installing a new
pull-box and lid in its place; constructing a new concrete foundation and re-routing conduits into the new
foundation; furnished and installed a new 20 ft. streetlight pole on the new foundation including a City-furnished
post top fixture with lamp and photo cell; pulled conductors, fuse and splice to make the streetlight fully operational;
and, numbered the pole per City records. Republic ITS was the company selected to do the work.
Funds from account 805.4001.250.000 (Project #9006) for Fiscal Year 2008-2009 were used and will be
reimbursed by the insurance.
Fiscal Impact:
Not Applicable Budget Amendment Required
® Budgeted FY 08/09 F-1 New Appropriation
7 F
Recommended Action(s): NO ACTION NEEDED - REPORT TO COUNCIL ONLY
Alternative Council Option(s): None Needed
Citizens advised: N/A
Requested by: Mary Horger, Purchasing Supervisor and Mel Grandi, Public Utilities Director
Prepared by: Mary Parker, Purchasing Assistant
Coordinated with: Jane Chambers, City Manager
Attachments: N/A
Approved:,. J466-Chambers, City Manager
c ily a1 q-lk-iaF
ITEM NO.: 7d
MEETING DATE: April 1, 2009
AGENDA SUMMARY REPORT
SUBJECT: DISCUSSION AND POSSIBLE ACTION REGARDING A CAPITAL IMPROVEMENT
PROGRAM AD HOC COMMITTEE MEMBER CHANGE
Background: The Mayor, with the Consensus of the City Council, appoints Ad-Hoc Committee
responsibilities as needed from the City Council members.
Discussion: Councilmember Landis has asked for discussion and possible action concerning the makeup
of the Capital Improvement Program Ad Hoc Committee, indicating a desire to serve on this committee, if a
currently-seated Councilmember were willing to give up his seat. Currently, seated are Councilmembers
Crane and Thomas.
Fiscal Impact:
Budgeted FY 08/09 F-1 New Appropriation Fx] Not Applicable F-1 Budget Amendment Required
Recommended Action(s): Discuss and Consider a Change to the Capital Improvement Program Ad
Hoc Committee makeup.
Alternative Council Option(s): n/a
Citizens advised:
Requested by: Councilmember Mary Anne Landis
Prepared by: Linda Brown, City Clerk
Coordinated with: Jane Chambers, City Manager
Attachments:
Approved: qx_'24VL1,_
Jane Chambers, City Manager
Ci t y q1 `LU 3'ah
ITEM NO.: 7e
MEETING DATE:
AGENDA SUMMARY REPORT
April 1, 2009
SUBJECT: REPORT REGARDING THE PURCHASE OF A BURNDY HYDRAULIC PRESS
AND ASSOCIATED PARTS AND ACCESSORIES FROM WESCO DISTRIBUTION IN THE
AMOUNT OF $5,236.43.
Pursuant to the requirements of Section 1522 of the Municipal Code, staff is filing with the City Council this report
regarding the purchase of a Burndy Press, along with associated parts and accessories, from Wesco Distribution in
the amount of $5,236.43, including tax and freight.
City staff requested bids from a total of 6 companies. Three bids were received, as well as one "no bid". A bid
tabulation of the three bidders that responded is below for Council's review.
Vendor Total Price inc. Tax & Freight
WESCO $5,236.43
Western States (HD Supply Portland) $ 5,363.79
Southwest Power (HD Supply Benicia) $ 8,110.03
The Burndy EPP10 hydraulic pump will be used by the Electric Department in various situations for the pressing of
full tension and underground conductor splices. Most notable use for this pump is the ability of CUE crews to
operate a 60 ton press procured in the last quarter of 2008 for use in disaster preparedness of the City's 115 KV
transmission line. This hydraulic pump will also have the capability of being a multi-use tool utilized for our
distribution system splicing needs. Along with the aforementioned pump, there is included a Y46 hydraulic
handheld press, along with commonly used dies and single return high pressure hose required for frequent use in
our distribution system by CUE crews. Included in the order, are specialized splices capable of making repairs to
the City's 1000 MCM underground cable where there may be a need to splice existing 1000 MCM to 750 MCM
cable. These would be used in an emergency type splicing application only.
Funds from account 800.3728.690.000 ($2,240.12) & 800.3729.690.000 ($2,996.31) for Fiscal Year 2008-2009
were specifically budgeted and available for this purpose.
Fiscal Impact:
Not Applicable Budget Amendment Required
® Budgeted FY 08/09 F1 New Appropriation
F-1 F
Amount Budgeted Source of Funds (title and Account Number
$40,000 Underground Maintenance Supplies & Equipment 800.3729.690.000
$90,000. Overhead Maintenance Supplies & Equipment 800.3728.690.000
Recommended Action(s): NO ACTION NEEDED - REPORT TO COUNCIL ONLY
Alternative Council Option(s): None Needed
Citizens advised: N/A
Requested by: Mary Horger, Purchasing Supervisor and Mel Grandi, Public Utilities Director
Prepared by: Mary Parker, Purchasing Assistant
Coordinated with: Jane Chambers, City Manager
Attachments: N/A
Approved: , t1 J `~-t L_--
Janq°~hambers, City Manager
SUBJECT: FORMAL APPROVAL OF CITY COUNCIL FIVE PERCENT PAY REDUCTION FOR THE
MONTHS OF APRIL THROUGH JUNE, 2009
Background:
Prior to asking all employees to take a five percent pay cut, the City Council first gave instructions that their
own salaries were to be cut by five percent for the same period that is being asked of city employees. This
staff report confirms recognition that this cut in pay will be made for the pay periods April through June,
2009.
Fiscal Impact:
❑ Budgeted FY 08/09 7 New Appropriation I -XI Not Applicable ~ Budget Amendment Required
Recommended Action(s): Formally approve City Council pay reduction by 5 percent for the payroll
periods of April through June, 2009
Alternative Council Option(s):
Citizens advised:
Requested by: City Council
Prepared by: Linda Brown, City Clerk
Coordinated with: Jane Chambers, City Manager
Attachments:
Approved: Z~ , - -
Chambers, City Manager
7g
April 1, 2009
SUBJECT: UPDATE REPORT REGARDING STATUS OF WATER EMERGENCY CONDITIONS
NECESSITATING EMERGENCY RESOLUTION TO EXPEDITE CONSTRUCTION OF
GOBBI STREET WATER WELL
Background: On March 4, 2009, at a regular meeting of the Ukiah City Council, an emergency resolution
was adopted to expedite the construction of a water well at the corner of Gobbi Street and Orchard Avenue.
Pursuant to Public Contracts Code Section 22050(b)(1), the City Council delegated authority to the City
Manager to order action pursuant to subparagraph (a)(1) of that section and directed the City Manager to
undertake all steps necessary to have the well constructed without going through a competitive bidding
process. Pursuant to Public Contracts Code Section 22050(b)(3), adoption of this resolution requires the
City Manager to report back to the City Council at its next regular meeting setting forth the reasons justifying
why the emergency will not permit a delay resulting from the competitive solicitation for bids for the well and
why the action is necessary to respond to the emergency.
Discussion: The reasons for the emergency were set forth in Resolution No.2009-12. These reasons
continue to exist: 1) the State of Emergency declared by the Governor of California due to drought
conditions, 2) recommendation to municipalities from Victoria Whitney, Deputy Director for Water Rights for
the State of California Water Resources Control Board, that drought conditions may necessitate suspension
of surface water rights this summer and to secure groundwater sources, and 3) the time required to drill,
develop, and construct a temporary connection from a new groundwater well into the City's water
distribution system is not sufficient to comply with the noticing requirements of the Public Contracts Code
formal bidding process.
A test bore to 400 feet and geophysical testing was completed at the Gobbi Street site. The test data show
a 100 foot-thick gravel layer between 100 feet to 200 feet below ground level. The geophysical technician
and geologist onsite during the drilling and testing reported gravel layers of this thickness and
characteristics have the potential to produce from 1,500 gallons per minute (gpm) up to 3,000 gpm.
Fiscal Impact:
Budgeted FY 08/09 F-1 New Appropriation Not Applicable Budget Amendment Required
Recommended Action(s): Receive the report.
Alternative Council Option(s):
Citizens advised: n/a
Requested by: Tim Eriksen, Director of Public Works/City Engineer
Prepared by: Ann Burck, Deputy Director Public Works - Water & Sewer Division
Coordinated with: Jane Chambers, City Manager
Attachments:
Approved: _~z"..
Jap(eJChambers, City Manager
C t if o/ ` kia-h
ITEM NO.: 7h
MEETING DATE: 4!1!2009
AGENDA SUMMARY REPORT
SUBJECT: ADOPTION OF ORDINANCE AMENDING SECTIONS 3798A, 3704.2 AND 3706.7,
REGULATING THE USE OF GREASE TRAPS UNDER THE CITY'S SEWER
ORDINANCE AND UPDATING REFERENCES TO BUILDING AND RELATED CODES
IN SECTIONS 9277.A AND J, 9278.13 AND 9543.A OF THE UKIAH CITY CODE
Summary: The ordinance attached as Attachment 2 was introduced at the City Council's meeting on
February 4, 2009. Please refer to the ASR for February 4 for details about the ordinance. It was agendized
for discussion at the Joint City Council/UVSD meeting of March 26. It is ready for adoption at this meeting
and that is the staff recommendation.
Fiscal Impact:
Budget Amendment Required
F-1 Budgeted FY 08109 F-1 New Appropriation ® Not Applicable
F
Recommended Action: Adopt the ordinance by motion.
Alternative Council Option(s): Propose revisions to the ordinance; adopt the ordinance; delay
adoption of the ordinance pending a discussion with the Ukiah Valley Sanitation District concerning
which ordinance should apply in areas of overlapping jurisdiction.
Citizens advised: N/A
Requested by: City Attorney
Prepared by: Linda Brown, City Clerk,and David Rapport, City Attorney
Coordinated with: Jane Chambers, City Manager
Attachments: Attachment 1 - ASR of February 4, 2009
Attachment 2 Ordinance
Approved:--
e Chambers, City Manager
A ACHMENT
11d
February 4, 2009
SUBJECT: CONSIDERATION AND POSSIBLE INTRODUCTION OF CITY SEWER ORDINANCE
AMENDING SECTIONS 3798A, 3704.2 AND 3706.7 AND UPDATING REFERENCES
TO BUILDING AND RELATED CODES IN SECTIONS 9277.A AND J, 9278.13 AND
9543.A OF THE UKIAH CITY CODE
Summary: The ordinance attached as Attachment 1 addresses: (1) a concern expressed by the Ukiah
Valley Sanitation District ("District") about the recent amendments to the City's grease trap ordinance, and
(2) outdated references to the Uniform Building Code in certain sections of the Ukiah City Code.
Section One of the attached ordinance addresses the District's concern about Section 3798A(c) discussed
below, and two other sections in the City's sewer ordinance.
Section Two of the ordinance addresses other sections of the Ukiah City Code which contain outdated
references to uniform building and related codes. The outdated references to "uniform" are changed to the
currently correct "California," e.g., California Building Code, California Plumbing Code and California Fire
Code.
Section One
The District has raised a concern about Section 3798A of the Ukiah City Code which the City Council
adopted on October 1, 2008. That section reads in pertinent part: "(c) This Article shall apply to the City of
Ukiah and to persons outside the City and the Ukiah Valley Sanitation District (District) who, by contract or
agreement with the City or the District, are users of the City's POTW. This Article rather than the
District's Grease Interceptor Ordinance No. _ shall apply to properties located both in the City and
the District. (Emphasis added.) Jeanine Nadel, Mendocino County Counsel, on behalf of the District
objects to this sentence, because she does not believe the City has the authority to prevent the District from
Continued on Page 2
Recommended Action: Consider whether to introduce the proposed sewer ordinance. If the City
Council decides to make the amendments, it should pass a motion to introduce the ordinance by title
only, request the Deputy City Clerk to read the ordinance title, and, then, pass a motion to introduce the
ordinance.
Alternative Council Option(s): Propose revisions to the ordinance; decline to introduce the
ordinance; delay adoption of the ordinance pending a discussion with the Ukiah Valley Sanitation
District concerning which ordinance should apply in areas of overlapping jurisdiction.
Citizens advised: N/A
Requested by: City Attorney
Prepared by: David J. Rapport, City Attorney
Coordinated with: Jane Chambers, City Manager
Attachments: Attachment 1 - Proposed Ordinance
Approved:
Jane Chambers, City Manager
Subject: Consideration and possible introduction of ordinance
Meeting Date: 2/4 /2009
Page 2 of 2
applying its ordinance to properties located within its geographical boundaries, even if those properties are
also located within the Ukiah city limits. I agree. (See South Santa Clara Valley Water Conservation Dist. v.
Santa Clara Valley Water District (1978) 76 Cal. App. 3d 852, 861 [partial inclusion of a district within a city
having all of the powers of the district, and more, does not operate to dissolve the district in the overlapping
area].)
It may make sense for only one grease trap ordinance to apply within an area of overlapping jurisdiction, but
that would have to be negotiated and agreed upon by the City and the District. In the absence of an
agreement, both ordinances apply and either one can be enforced in the area of overlapping jurisdiction.
For that reason, the proposed amendment to Section 3798A deletes the sentence highlighted above.
In reviewing the sewer ordinance, I noted that section 3704.2 refers to the uniform plumbing code. The
proposed amendment would update the section to reference the California Plumbing Code.
Section 3706.7.17, adopted in 1985, contains provisions governing grease interceptors. To avoid possible
conflicts between that existing section of the sewer ordinance and the provisions of Article 17 adopted in
October, an introductory clause has been added to the first section of the sentence to read: "In accordance
with Article 17 of Chapter 2, Division 4 of the Ukiah City Code, commencing with Section 3798.A, "
Section Two
Sterling Codifiers, which maintains the Ukiah City Code for the City, has brought to the City's
attention certain outdated references to uniform codes in sections of the Ukiah City Code. The
state now adopts its own versions of the uniform codes adopted by the International Conference of
Building Officials. The versions of those codes, now called the California Building Code, etc., must
be adopted by local governments. Accordingly, Section Two of the attached ordinance changes
those references.
Fiscal Impact:
Budgeted FY 08/09 F-] New Appropriation ® Not Applicable Budget Amendment Required
ATJkCHMENT
ORDINANCE O.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIA
AMENDING SECTIONS 3798A, 3704.2, 3706.7, 3000, 8336, 9150,
Subsections B and J, 9277, Subsection B, 9278, and 9543,
Subsection A of the Ukiah City Code.
The City Council of the City of Ukiah hereby ordains as follows:
SECTION ONE.
Sections 3798A, 3706.4, and 3706.7, of the Ukiah City Code are hereby
amended to read as follows:
§3798A: PURPOSE, POLICY, AND ADMINISTRATION:
(a) The purpose of this Article is the regulation of the generation and disposal
of grease interceptor waste for the protection of the City of Ukiah (City) Sewage
Treatment Plant (POTW) and the environment.
(b) The objective of this Article is to reduce the operational and maintenance
costs of maintaining the POTW and ensure compliance of State Water Resources
Control Board (SWRCB) permits, including the City's National Pollutant Discharge
Elimination System (NPDES) permit by preventing the accumulation of Grease within
the collection system.
(c) This Article shall apply to the City of Ukiah and to persons outside the City
and the Ukiah Valley Sanitation District (District) who, by contract or agreement with the
City or the District, are users of the City's POTW.
3704.2: DESIGN AND CONSTRUCTION REQUIREMENTS:
Design and construction of building laterals and street laterals shall be in accordance
with the requirements of the district and/or city as adopted from time to time, including,
but not limited to, the California plumbing code as adopted by the City.
3706.7: IMPLEMENTING PROVISIONS:
F. Interceptors Required: In accordance with Article 17 of Chapter 2, Division 4 of the
Ukiah City Code, commencing with Section 3798.A, grease, oil and sand interceptors
shall be provided when in the opinion of the City they are necessary for the proper
handling of liquid wastes, containing grease in excessive amounts, or any flammable
wastes, sand and other harmful ingredient; except that such interceptors shall not be
required for buildings used for residential purposes. All interceptors shall be of a type
and capacity currently designated by the California Plumbing Code, and shall be so
located as to be readily and easily accessible for cleaning and inspection. In addition,
commercial or industrial waste discharges may be required to provide holding tanks
with provision for neutralization, temperature control or rate-of-discharge control to
avoid slug loadings or excessive flow rates.
The Director of Public Works may require screening of any flow of commercial or
industrial sewage as is required to protect the usefulness of the sewage system of the
City. Such screens shall have the equivalent to twenty (20) meshes to the linear inch,
both directions. No insoluble material of such size that will not pass through the screen
herein required, may be discharged or permitted to enter the sewage system of the
City.
G. Maintenance of Interceptors: All grease, oil and sand interceptors shall be
maintained by the owner at his expense, in continuously efficient operation at all times,
and corrected immediately on notice of deficient operation, and In accordance with
Article 17 of Chapter 2, Division 4 of the Ukiah City Code, commencing with Section
3798.A.
SECTION TWO
Sections 3000, 8336, 9150, Subsections B and J, 9277, Subsection B, 9278, and 9543,
Subsection A of the Ukiah City Code are hereby amended to read as follows:
3000: ADOPTION OF MODEL CODES:
Except as amended or modified by other provisions of this division, the city council
hereby adopts by reference and makes effective within the city, the following: The
versions of the model codes and specific appendices, as listed and defined in sections
3001 through 3010 of this chapter, which have been adopted by the state of California
within title 24 of the California Code of Regulations, as they are adopted, amended, or
repealed from time to time pursuant to chapter 2 of part 1.5 of division 13 of the Health
and Safety Code (commencing with section 17920) including the California Code of
Regulations, California building code, California electrical code, California mechanical
code, California plumbing code, California energy code, California elevator safety
construction code, California historical building code, California existing building code,
and the California referenced standards code
8336: GRADING AND EROSION CONTROL:
Every map approved pursuant to this Chapter shall be conditioned on compliance with
the requirements for grading and erosion control, including the prevention of
sedimentation or damage to off-site property, set forth in the California Building Code
as from time to time adopted by the City.
9150: DEVELOPMENT STANDARDS:
Condominium developments, either new structures or the conversion of existing
structures originally built for sale or lease, shall be permitted in any district upon the
securing of use permit, provided that the following standards are met:
B. Classification: Residential condominiums shall be classified as follows:
1. Horizontal condominiums shall be buildings in which single-family units are
constructed, either as separate structures or as self-contained units, within a common
structure having individual entrances and utility connections, no opening in any wall
common to two (2) or more units and no part of any unit on top of any part of any other
unit.
2. Vertical condominiums shall be any duplex, triplex or apartment house, as defined in
the California Building Code of the City (Chapter 1, Division 3) in which condominium
any part of any dwelling units is on top of any part of any other dwelling unit.
J. Occupancy Type: Condominiums shall be Group 1 occupancy as defined in the
California Building Code (Chapter 1, Division 3 of this Code).
9277: TERMINOLOGY:
B. "Building Official" means the person designated by the California Building Code, as
adopted by the City, as responsible for enforcement and administration of the building
code.
9278: DEFINITIONS:
FLOOR AREA, GROSS: The total enclosed area of all floors of a building, measured to
the surfaces of exterior walls, including halls, stairways, elevator shafts, service and
mechanical equipment rooms, light wells, courts, and basement, cellar or attic areas
deemed usable by the building official or habitable by the California Building Code.
9543: ESTABLISHMENT OF CAPITAL IMPROVEMENT FEES:
A. Creation by Resolution: By resolution the City Council shall establish such capital
improvement fees as it determines are necessary to contribute toward the financing of
public facilities. Each such resolution shall:
1. Establish and describe the benefit and impact area within which the fee shall apply;
2. Set forth the specific amount of the fee;
3. List the specific public improvement or improvements to be financed;
4. Describe the estimated cost of these facilities, and associated costs such as
necessary engineering services and administrative costs;
5. Describe the reasonable relationship between the fee and the types of new
development to which it will apply;
6. Set forth the time when the fee must be paid as follows:
a. As to residential development that time shall not be sooner than the date of final
inspection or the date the certificate of occupancy is issued, whichever occurs first. The
City shall not furnish utilities to occupants of any such residential development prior to
final inspection and the issuance of a certificate of occupancy. The City shall disconnect
utilities furnished to a residential development if that development is occupied prior to
final inspection and the issuance of a certificate of occupancy. In accordance with the
§§2136 to 2137, the City shall revoke the business license issued pursuant to Division 2
of this Code to any person (as defined in §2100) engaged in a business (as defined in
§2101), if such person participates as seller, broker or otherwise in the sale of a
residential development to an occupant of that development before final inspection and
issuance of a certificate of occupancy. The City shall not issue a new business license
to a person whose license is revoked as provided herein for a period of two (2) years.
b. As to all other development that time shall be at the time a building permit is issued.
c. No certificate of occupancy or building permit, as appropriate, shall issue until the
required fees are paid. "Building permit," "final inspections," and "certificate of
occupancy," as used in this Section, have the same meaning as described in the
California Building Code, as adopted by the City of Ukiah.
SECTION THREE
This Ordinance shall become effective thirty (30) days after adoption.
Introduced by title only on February 4, 2009, by the following roll call vote:
AYES: Councilmembers Landis, Thomas, Rodin, and Mayor Baldwin
NOES: None
ABSENT: Councilmember Crane
ABSTAIN: None
Adopted on April 1, 2009 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Philip E. Baldwin, Mayor
ATTEST:
Linda C. Brown, City Clerk
,C- a r cE cif `Z.I&-jah
ITEM NO.: 10a
MEETING DATE: April 1, 2009
AGENDA SUMMARY REPORT
SUBJECT: RESOLUTION OF THE UKIAH CITY COUNCIL REGARDING SENIOR POPULATIONS
AND ELIGIBILITY FOR ENTITLEMENT PROGRAMS, AND AUTHORIZING THE CITY
COUNCIL TO SUPPORT STATE AND FEDERAL LEGISLATION THAT WOULD
INCREASE PROTECTIONS FOR SENIORS DISQUALIFIED FROM PUBLIC
PROGRAMS/SERVICES AFTER RECEIVING ONE
Background:
Citizen J. R. Rose spoke to the City Council on March 18 under Petitions and Correspondence. He has
provided the City with a sample Resolution for City Council Consideration regarding seniors' eligibility for
entitlement programs and the impacts of automatic cost of living increases. Mr. Rose has also petitioned
the Mendocino County Board of Supervisors.
Discussion:
Council's action, if adopted, would authorize the City Council to support state and federal legislation that
would increase protections for seniors from being disqualified from public programs as a result of automatic
COLAs to their Social Security income.
Fiscal Impact:
F7Budgeted FY 08/09 1-1 New Appropriation 7 Not Applicable 7 Budget Amendment Required
Recommended Action(s): 1) Adopt the attached Resolution as presented; or, 2) Edit the attached
Resolution to reflect Council's preferred wording, and Adopt the edited rendition.
Alternative Council Option(s): Do not adopt the Resolution.
Citizens advised: J. R. Rose
Requested by: J. R. Rose
Prepared by: Linda Brown, City Clerk
Coordinated with: Jane Chambers, City Manager
Attachments: Sample Resolution
Approved:
ne Chambers, City Manager
41
RESOLUTION NO. 2009-
RESOLUTION OF THE UKIAH CITY COUNCIL REGARDING SENIOR POPULATIONS AND
ELIGIBILITY FOR ENTITLEMENT PROGRAMS, RECOGNIZING THE IMPACTS OF
AUTOMATIC COST OF LIVING ADJUSTMENTS (COLAs), AND AUTHORIZING THE CITY
COUNCIL TO SUPPORT STATE AND FEDERAL LEGISLATION THAT WOULD INCREASE
PROTECTIONS FOR SENIORS DISQUALIFIED FROM PUBLIC PROGRAMS/SERVICES
AFTER RECEIVING ONE
WHEREAS, seniors sixty years of age, or older are among the most vulnerable citizens
in our Country, being at risk of physical, financial, emotional abuse and neglect; and
WHEREAS, over 8% of seniors sixty-five years of age, or older in Mendocino County live
below the federal poverty level; and
WHEREAS, in 2000, over 15,000 seniors resided in Mendocino County comprising 18%
of the total County population, totaling 5.6% higher than the national average; and
WHEREAS, Over 600 cases of neglect and abuse were reported to Mendocino County
Adult Protective Services in 2008; and
WHEREAS, the failure to address the widespread and persistent abuse and neglect of
seniors breaches our social commitment to protect our most vulnerable citizens from harm; and
WHEREAS, increases in Social Security benefits cause seniors to fall out of eligibility for
numerous federal, state and local service programs in food, housing and medical services,
which result in tremendous hardship and suffering for our most vulnerable populations; and
WHEREAS, seniors living near or below the poverty level should be protected from
disqualification from entitlement programs when they are granted automatic Cost of Living
Adjustments; and
WHEREAS, poverty levels are not adjusted automatically when COLA increases are
implemented, leaving many seniors either ineligible or with a loss of services; and
WHEREAS, based on Area Agency on Aging surveys, issues affecting seniors' access
to affordable health and dental care were identified as top priorities for Mendocino County
seniors, and
NOW THEREFORE, BE IT RESOLVED that the Ukiah City Council will support and
advocate for the following:
Legislation that would increase protections for seniors receiving automatic Social
Security Insurance Cost of Living Adjustments;
Legislation that would increase protections for seniors, including physical and financial
abuse and neglect;
The Elder Justice Act, which would increase protections for seniors, including elder
abuse, and establish more stable funding streams for protective senior services;
Outreach and information dissemination measures to increase seniors' awareness
regarding elder abuse prevention and COLAs and their potential impacts to Social
Security and other entitlement program benefits;
Oppose legislation that would further denigrate protective services programs serving our
nation's senior populations, and measures that would increase the population of seniors
living at or below the federal poverty level.
PASSED AND ADOPTED on this 1 st day of April, 2009 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Philip E. Baldwin, Mayor
ATTEST:
Linda C. Brown, City Clerk
ITEM NO.. 10b
MEETING DATE: April 1, 2009
AGENDA SUMMARY REPORT
SUBJECT: STATUS REPORT REGARDING DOWNTOWN / PERKINS STREET ZONING DISTRICT
(FORM BASED CODE) PROJECT
SUMMARY: The Downtown/Perkins Street Form Based Code project is a high priority project and will
contribute to our strategic planning priority for maintaining downtown Ukiah's historic place as a regional
center for civic and economic activity. The draft code was unveiled last spring and staff received a
considerable number of suggestions and identified a number of complex issues. Through the process of
studying the issues and developing alternatives for resolving them, staff embarked on revising the draft
document rather than preparing a list of suggestions for consideration. This Agenda item is intended to brief
the City Council on the approach staff is taking, the progress being made, a tentative timeline for completing
the project, and to receive any direction the Council may have.
CURRENT STATUS: Substantial progress has been made to re-evaluate the draft code in light of the issues
and questions that have been expressed. Both the code and map are being revised to resolve issues, clarify
requirements, and simplify the usability of the document without sacrificing the community's vision and the
fundamental principles of form based regulations. To accomplish this, some of the tables and diagrams were
revised, regulations were moved from the text and placed in new tables, some terminology was converted to
more common zoning language, the charrette illustrations and new photographs were added to supplement
the text, the mapping was modified to simplify information, and changes were made to make implementation
achievable.
The airport compatibility issue that staff previously advised the Council on has been discussed with the airport
consulting team and the Ukiah Airport Commission. Staff is working towards some form of resolution to the
maximum number of building stories issue that pertains to parcels east of State Street because they are
located within the airport approach and departure zone. Staff will be continuing its discussion with the Airport
Commission in April.
Continued on Paae 2
Recommended Action(s): 1) Receive Report and Provide Direction to Staff
Alternative Council Option(s): N/A
Citizens advised:
N/A
Requested by:
Charley Stump, Director of Planning and Community Development
Prepared by:
Charley Stump, Director of Planning and Community Development
Coordinated with:
Jane Chambers, City Manager and Kim Jordan, Senior Planner
Attachments:
None
Approved: s A a
J ...1 Chambers, City Manager
Subject: Status Report - Downtown/Perkins Street Zoning
Meeting Date: April 1, 2008
Page 2 of 2
PROGRAM: Once the revised draft document and maps are completed, Staff intends to conduct an
internal workshop with various departments. The material would then be made available to the public and
decision makers for review. Staff plans to conduct a workshop with the Downtown Design Review Board
that would focus on the design standards, and then begin the Planning Commission workshop process.
SCHEDULE: Staff anticipates completing the revised draft document and map, internal Staff review, and
the Design Review Board study session within the next 11 weeks. Accordingly, the target date for
beginning the Planning Commission workshop process is June 2009.
PLANNING COMMISSION: The Planning Commission discussed the current status, program, and
schedule on March 25th. Staff will provide a verbal report to the Council about that discussion and any
recommendations the Commission formulated.
RECOMMENDATION: Receive report and provide any direction to Staff.
Fiscal Impact:
1-1 Budgeted FY 08/09 F] New Appropriation ® Not Applicable Budget Amendment Required
10c
April 4, 2009
SUBJECT: RECEIVE REPORT FROM GOVERNMENT FINANCIAL STRATEGIES (GFS)
REGARDING PROJECTED GENERAL FUND REVENUES AND EXPENDITURES
Background:
The City Council authorized the City Manager to engage Government Financial Strategies, Inc (GFS) for
financial studies regarding the City's General Fund. The first part of this study has now been completed and
will be presented by Mr. Richard Arrow.
Although the study will be presented, it is important to note that both the revenue and expenditure
projections are subject to change as City staff and the consultant continue to work with outside resources and
refine both expenditure and revenue projections.
The current dynamics of the economy make projections very difficult, and past trends cannot be used to help
forecast the future as reliably as in previous years. However, there is enough valid information to establish
the trends in both revenues and expenditures. These trends are of concern, and need to be discussed and
reviewed by the City Council and made available to the public at the earliest date feasible to allow for
reflection and absorption prior to presentation of formal budget data for FY 2009/2010.
Mr. Arrow will make a power-point presentation and distribute charts and spread-sheets related to his report
for the Council's review. These have not been provided herein due to the need to leave as much time as
possible for refining this information prior to its presentation. The City Council is not asked to make any
decisions at its April 1, 2009 meeting, merely to receive this information for future reference.
Fiscal Impact:
1-1 Budgeted FY 08/09F] New Appropriation F7x Not Applicable Budget Amendment Required
Recommended Action(s): That the City Council receive the GFS report and ask questions regarding
the assumptions made and/or any other issues related to the projections. Mr. Arrow can be available at a
future date if needed to answer questions the Council may have after having an opportunity to review
this material.
Alternative Council Option(s):
Citizens advised:
Requested by:
Prepared by: Jane Chambers, City Manager
Coordinated with:
Attachments:
Approved:
Jar. Chambers, City Manager
O
N
0
O
c~
0
c
co
co
W
0•
03
cn
/\Y
N
d'
W
t-'
Oil
t-Ill
I
C
~
J
e-r
I=
1~J
a
F
Owl
V
CO
:3
b:.
4
C.
N
bA
-T ~
A
`l
\
A
A
C!2
4
Con
1
_
-
W
V~
^V
T`T
,V
44
^
^i
W
SE
P~
V
N
n
0
0
m
0
n
V,
'S
Qa.
tC
n
n
V ~
._t
-'a
;r
i
r° ~f
r", l a
i==3
E
.tea
l
i
r
r
war
ti-O
e
FEW*
2
4
6
0 FUN
1
s
I~T
ci
m
a
U
ca
dJ
N
0
ti
0
0
co
0
n
CD
z
vm
m
m'
n
wd.
04,
U~
C~a
®
®
Mom a
CA
Omni
Mod a
MEW 0
~J
:ter
t
T
S s
4 ~
I
~J
4 J
4
t
L
rb-
-`3
~
o
o
00
°o
CU
LLL
L
CU
r
m
~a
c
m
X
m N
co
Fm-
'
-
i
v'
U]
-
C
J
v
LL
Nrn
1
\
i-
N
lL
1
"
i
U
2
j
~
C \ r
W i
-
a
ov
X
_
~
c
x a
a
av
a?i
m`LO
4
Fm W
C'
ul
a
a
a
a`
w
V ,1
C3
V
cF
lb
h
CD'
n -
n
a
1
UCH
(ID
:~z
O m w
m CL CD CD -I
3 a ca m m
m -3 O n m
cl)
m =j- a cn
a, CD
cD m 3
N v I II
j Lll ~ O
Zcn Cc
O -r~ cn
3 °O a[ <
co = Cn CS - CD CD
X X O
O
~ O
(oD .0 O ID
N . CL CL 3 a
q ° CQ O
CC CD Cr
CO O O O ~cr
° °
°
m 3 n
m
CO C° m °
x N O O C
-1 O T
S O ?
co
LA
cOr -O --CI o 7
O (D
m cn
n ° a
° o n rn
O
m
~
Cll C-0 c
0 :2.
C x
CD
cn Cn X
ID O UO) O
C=D C
° Q m
cr CD CL
M O
-3 CD
[1
CD -1
0 CD
O O
O O.
• -1
CO
0 Q3 NO
° m p
cr - N
N m ~ O
c9 M O
Zfu
O o U] C1
cc m
p 1 ZI CD
ct
CO O
:T -3 01
m = ° cn
"oo m m
CD CAD S CA
0 ~ cn
co m
° °
CD
(D
n to m
° S C
CD o C° °
`CD
° 'o
C3 -3
'r 0
O 6-0 A 0 co CL C • ^ N 03
C) x
CD
-I U7D UD DO <mr5 m~ CA-I-1=0-4AL 1.')
o ~ ~ ct c
m m o 0 Q < c n Q co a O cD -I ti m c
M d N 7n' N Coll C3 O CD R N o ~t C
< M CU N❑ 'D 'n II C
L'] CD C❑ 0 m 0 CD ~p 13 D F Co DOj F m
[rD - 1 r X DJ
c < < -n -n = n o 3 m x -°o
m y7 C G N N M 3 m N N -n IM
m CD co CD m R
C) < m
C U D) r x
m x C -n
m
CD
m
C
m
U)
0
c
n
N D
N
NW Wv m❑p by PN~ t+7N p W C❑
0 C3
❑
p
CD ~~N ~Immvto CA rubo co ~ ~~,j ruG)~
~
cn
0
A0m0 co a0 ma o j m m W ❑
0 0 0 0 0 0 0 0 0 0 0 o o` ~31-1
N
Ill
0 cl
❑
N
oW V A ❑W W Cn❑NN❑~pm~i}'170W m
j
p
~CO0~ McnMm0Co 0-,]m❑b-,1 )1m m°j
C-
m
pmN~l -I~mOO4~hmmmmm w m-mco
m
O
Q I O O O O O O O O 0 D O 0 D u
D
<< n
N
p 'JW (D (b0-J''"0'
V
NOb l
NCn
~
m
V
.
oN:
]
-
I
(U❑CO - C31G7CAG]- Il]C51'❑,1.ACJ~111
NCl N
OCn co Rmm❑ o o0 a o W W Q
❑E
~p
0
_
o a o 0 0 0 0 0 0 o P o 0 0 0^ ❑
O
-C m
m
CTI N
p~~IN ~0 ❑❑Ncno6 oW63 mO
❑ C
❑CD
l
O
:pm fu fV 0o 00 fU .A~o.p❑ W 0 Iu cn
Te
l
m
o
mW mN -co ooCnACOCOmNm0u-cn~y
00 00 o 0 0 -.R 0 000 0❑Uo0❑Ga
-1 M
m
N
❑
R7 0rUR70 NNNCU❑0MWFU RINCnNNCncn
❑9
p moot cpbbbboobobooo000
li °C
p
o ~000cnmcn0000000009000
~
.
a
0 o cc i~ o
o 0 0 0 0 0 0 0 0 0 0 0 *.-9 o
N -3
❑ 2.
N
W NNIl10 mrn0')CD 0❑NWNNN0 W W
-.N F,
p
o to (noo - o o o o Cn Cn -cno o ❑ o o
NQ
m
O Cn0❑❑ mmmm000❑o00❑OQO❑
0
0 0 0 0 0 0 0 0 0 0 0 o n o 0 0 0 u^^;~ o ^
N -1
❑ 2.
N
W NWNO C31O1cnLn00ruW W W w w co co co W
n39
m
❑ m o o o :P-P,lA o, 00 0❑❑❑p❑pOp❑
!A Q
❑000000❑0
❑0❑
p o0❑❑ co ca Coco
W
o
o
o
❑
0 0 0 o 0 0 0 o a 0 0 0 0 O 0 o a` o` e o e
m
N
W
W N❑ W w W W❑❑ N W W W W W W W W W
co
W enr
6-1 c31'0 b o O o cal Ln cn cn Gi Cn Cn Lii
a
CO
0 W P P P-P0 0 0000 000000
,p
o, cs,
N
p
W
W W W 0 0 M W A P P~ 1`s A Pr
A. W AN❑
'
Acr
b
o
o p❑o*0 »❑bbbbb❑o❑ao
co
m
0 CO❑❑❑ W W W W ooo0❑ooooo00
C.n
o
0 0 0 0 0 o a o 0 o a u~ o a 0 :i~ u
❑ Ill 67 [O CC)lUmm V~I67 4r raNGNr6
-0 CM
Z D O
-1mC
❑ N A
z -n
nm
M 1<n
me
m0
❑ m
m
C-3
m
D =
m
rn
(q
`JiA
~J~
I'
vl_ -A
4-. Iflf~
i
=l
v
f
f:
-i
r.
in '''~nm❑m mmm0❑mnmv❑cm
n cu
o mcoc;•m^7Nmmmzr❑ommN mo❑m0 O N
m -'9, Q cCJ c co ICJ m r n d: ❑ O m d: m<❑ N N O
n^n❑'nnmmCT] 0MC]mmm 00nm N
O l, N m il] m m -cv- ° m r n O 0 m h m
m 'r r, cu
O S7 In N❑ m m T r r ICJ n 1 7 <
DL mrr - :J
< <
'~7 ;n m ICJ m 37 ❑ ❑ O m ❑ m ❑ N m
m iL! C, n° j q N N 7 0 a 0 Ifl O N N N m m
m❑ :JC r y n❑:~rpmonp<❑ nmm
'a N q N .J m r m m - r r r r LrI M N m
m ❑ p U p m m m m❑ o m m m❑ o❑ ❑ n
° ti„ -uuNnmm=m❑ommmmamm nm c7 m
ama N u: _ N N O n❑ O n n n m O❑ m co S, <
2-1
- Cfl m cu m d' co frj m ❑ M p n O N O ICJ n
d' Q ED
m° :i7 r m p ICI r CU _b r r r r r ICJ co
m ,-J <
r r - N
o N c
❑ In m m v o❑ m m m m❑ o m
I m cu
j p p 2 m m N 0 m dT m❑ O N d• m °if, IT
m a M Cip p7 M❑ n If1 rn z❑ ❑ m CJJ CO r❑ o m
mmlfivin.aT0mmmm ocuLO
m m C; t7 n n 7 m LrJ r O m m m ❑ O on N u m
cu m Ln LO cc
d
L ; r a- O QI cll
<
❑ - m ❑ ❑ ❑ ❑ Z ❑ ❑ O cY n d' ❑ ❑ O CT
Cj ; l C! Lo f., m ❑ N i~ N ❑ p m m m m ❑ ❑ DJ c. m
U V m
m O m r ra_j D O N❑ m w Ifi w 00 m
G' m r; r 0 m m m m p p Ii] cm n
•a N q' r ^7 Cu Ic7 r h r r r r LL7 co
m U m
a` v; r m m
p ni n!
<
❑ O p - rnpp ❑p❑p O O O ❑ ❑ ❑a Oo ❑o CO,, co y ❑ En o❑❑ o❑ f7
m n
J❑ 0 r O p q p q O O O O❑ O m N
umi ❑ m nJ 0 N M ❑ m m m IT ❑ M0 m n cb < C31 cb
N N n m n7 f7 m n r O m m m m m p C] N m
N ❑ 4 m r N uj r<< ICI m Rl
cc m r a- O =j co
Cll
r <
m r u7 pw p N m LL7 Cp ❑ O n❑ O O O O m - J O
W ° INCJ-m t`N'J-LO cJ:000OC*lmmr
m Nm <rm~mo~'vmmmmm 'r❑~ ` N
❑N --In cu mrcu
If7 nn - m
Q y 0; r r Cll N
<
m _I ,m. ❑ N m'T N 0 ;1 O m n 0❑ N m 0 m m
❑ m mna 12a❑n mmmmm m
-m~ ?f?r 0mmn m oq❑m~m0 mm m nB
° `9 m f u 7 O O m -O d' M M N N m N Id f: m r' O
Q N 'J d' ~:J a-- m r m r- d• r ICJ n m <
m r r m
N C7
m m❑ m O m cu N N❑❑ < LL <
❑ p m m m r❑ m m in m❑ N m 0 m O 0 m m m 0 n <
N O m N c0 co cq m m m co m
17 N
m n r. m n CU n N
3ma c h-I~ y lrimm;n~rvivomm mnm - m
¢c°il ~Ir -1m a 0mmnnn ammo
r r
CJ I7 N m
r r C:1 Crj
m ❑ay. Jpm°o; Co NNnmvmmm
m °
-1 i7 m m alm nun-JOm 0 -mcu m
t<7 tfJ N ~ C:t m
U❑ ❑ n '7 h m co m 0 ICJ m 0 If) n m c*I ~J I[7
cu flu 0, 'T
C12 r o r <
<
d 2 m m
m m m m m N
COL C&
m m m m m m
N
N t!1 (L 11 ,U U U U U U m
°
m
m _v m m
- m m 3 r o o a o a o o a Q
} I
~
Ql N
1 O O OI ❑1 OI O] °l QI
LA L
m L
D. '
-
'
L
I
m
r
,
,
a m m
- m m m m m Lm m m❑
o
m in Z❑❑ J L .1 U U U U U U a
iq
m
=
W
C
LU
W
~
u
a
` =
¢
~
En
yJ
E = m m ❑
-a
LL
CJ
U3
U. U3
U3
m
° Q
m
b ul (U CD
11 8' ~ a m N :o L D-
U m° U s
ul
cc
y4:4py~
NN
d
.1Z
v
42
2
U
p~
W
Q~
`d
N
7
O
R a
V
~TT
`14
wJ
W
z
WTT
,Y
`Y•
N
t7
0
~e
14
•i
i
t f
r`
C
f
1~ . rl
t_
l
1
TT
,
u
[
-
-
I
j
❑
O F4
U-
cu
i cu
C13
O
(
00
44 Q
CU
LL
!
o
m
O
.N
-
ul L
N C
N
C
} C N
N
=
cu
CJ
°
LL
C
1
-
O (D
GS
d N
J
= U
U ~
I
T
T ❑
w
,
~
❑
S m °
.
❑
v
L
CD
C
0
I
,
c
f
❑CU
cu
ow
as
Q a
-
s o
Er
'
a
N > >
1i N
t
L m
m
os
CL
cc
~
cn
-
-
-
-
-
h
LL
t
d
-
CD
0
C7 I
S
° °
d
O
3
L
~
N
w
C6
cu
}
i
}
_
C
4S
°
E
°
cn
co
L
F-
f
in
❑
03
N
°
cu
L
D m
m
>
r-
a
ci
ul
LL
ai (D
CD
a7
j
w w
¢
¢
tt
o
(
L
i
N
}
❑
❑
❑
❑
O
❑
❑
❑
❑
❑
❑
❑
❑
❑
O
D
❑
❑
❑
❑
❑
ff} -
0
0
0
0
❑
❑
❑
o
❑
❑
0
c
❑
0
❑
0
❑
-0
❑
0
❑
0
°
0
❑
0
❑
C
❑
0
❑
o
o
❑
❑
o
o
❑
o
o
o
cc: O
co
cr
~f
N
❑
m
1
N
E3
69
413
e
83
E5
&3
4A
ffl
E3
a
I:j
.Ei
t3l
4.2
rr-~
v~
U
C
44
C
L
TTW
Vd
Cl
N
co
S'
Qa.
ct)
n
k~
cm
ER Eft
N .A
❑ ❑
❑ o
0 0
EA 0 ❑
0 ❑ ❑
a
CR
❑
❑
O
0
❑
ff3
°_m
O
❑
❑
❑
❑
~
❑
❑
o
17
❑
❑
ff3
N
D
0
0
❑
EPr
_A
0'
❑
O
❑
0
ff3
CA
0
❑
0
❑
❑
fPr
m
0
❑
0
D
❑
N T
❑ 'x0
O p,
❑ `Z
C3
O m
❑
E
N
i
!
r
C"i
J(
TJ
o
CD
f 5v
m
c
o
m
I
-
N
c
E m
-
-
-
3
<
f
N
i
0
~p
:3
0
CD
< _
s CD
R'
f
i C7
CD
a~
I
~
I
i ~
w
CD
G Cl1
❑
03
~ G C
C~
T - j - -
; CD co
L
N
5-
❑
-
~
eat
O
CD
QZ
CD
CD
N
C~
CD
`
i
ICn C
CD CD
❑
eF
'Q
N
❑
W
co
~r
n~--a
A
i.-,_=
M
-1
a
y
r i
-1
1
_ a
-yam
i.
t
~.7
,1 -
3 --9 f
e i
i
I
L-A
m
cu
m
N
N
N
c
'e
co
O
o
. D
TN
0
O off'
m
D ~N
3 N
n
3N
_Nm
°o
D r
a'
N
~A
»
~d
a
nvJ
42
rr4^31
`+J
V
m
N
O
N
co
0
ro
C)
+i.l
CO
t7
~o
UIQ
&3
GR
ER
69
ER
69
ED
e
_
R3
N
A
❑
N
O
N
p
0]
CO
O
O
❑
O
❑
O
O
❑
❑
O
O
0
O
O
O
O
Q
O
O
D
O
ft3
❑
c
❑
❑
❑
❑
❑
O
❑
❑
❑
❑
o
❑
❑
❑
O
O
❑
❑
O
I
i
N
-
-
o
o
-G -
i
CD
N
G
N
❑
N
j
N
0
CA
M
m
❑
m
y
i
CD
w N
-
w
.p
m ❑ 03
m
:
0
1
I
N -
- - -
~
zci
m
m
c
y
x
a
m
4
C
m
y
m
x
CD
Q.
C
CD
w
CD
"D
O
CD
n
CD
S
O
m
x
Cl)
CD
CD
CL
CD
G
CD
a
CD
cD
CC
N
O
C)
Cb
CD
CU
f
t'
7
7'j
a
7
<„y
I
1
s~
O
r
as
O
d
N
U-
C
m
U
03
.Q
i
CL
tU
tl~
Q)
V
a
iLf
cz
m
C
U-
C
W
a'
U
C
It
❑
N
}
LL
0
N
Ll l
N
r
cu
W
I
❑ Ifttf
cu
U-
0
N
}
u_
m
o ~
o '
N g
} W
U- Cq
m i
❑
❑
v
CU
~L tl.
❑
❑
:V
L
D
u
LL
n
U
L
f
7
u
`E
❑
❑
❑
❑
❑
❑
O
❑
O
❑
❑
O
G
❑
O
O'.
O
❑
O
❑
O
O
❑
❑
❑
❑
O
❑
O
❑
❑
❑
O
p
O
C
❑
O
❑
O
❑
O
❑
❑
O
C
q
cu
cu
cr
m
m
❑
N
d'
CD
m -
C
fft
fA
fft
ff3
-
-
_
ER
63
ER
fF}
Efl
W
X10
.M
U
N
.U
aUa
vd
U
Iwl
R~
M
0
0
1y~
y
Z
2
0
N
l L
UQ
C~
m
m m
Z
Z Z
m
-I
D C7 IF C
T p m -D
m
0 m 0
-1~
m
° m
O
x
c
-
= s o m
s m a
C
D
co
m m
SL
co
a
)
LM
m
n
m o
o
x
C3 'D 'D W
❑
°
~
m m
m
m m m 2
m
RL
C m
c
m a
m m
Q Q
m
a 0 ❑
m -1
N
C m C
(0 ~
CL
0 'fl
m C
~
co
N O
~
3 Ci
2
N
C
m
m-
~
d N x
x CO
_
CL
-
X.
D
W
D
N N r
O
C
C<< m
7 O N
N
N
C N Q)
N
N N
a
C Z S
N
CL
❑
N
❑ N N
❑
N ❑
tD N
C3
n
N y
0
O N v
N
N N N
N 0
cn X
-
7
co 0
❑
`
(D
3
N m
d fNl1
CU
u
N
E5
m
_u
7
N
•7
`C
C3
C ~
C
7
N
N
N
CO
UI
'
U)
V
?
j
N M
_ A
Nm
71)
c
G]
A
1A
ja)~
V A
CJt
A
jV NV
rn
m
V prn
C31 W V
ND
Cil
ip~
c
o
Mm
Am❑A
W
NL)i corn
~ j
0
co
m
'•J CD
lA
C
"f.J
N
❑(0
0.7 CSI
V
V
'~A~
Cop CD
rn
W
CD NA
N ACD
m
m
mN V m
W mRJ
Am_
❑
[D
_
rim
V
W fD
V
mpCO W
CT)
NCJI w0
rn
mO~m
I
C
J
'
-
f
7
<
V
N
A
rn
urn
❑
V
rn -
N❑ VCVJI
A
UImAA
11 Z,
(O
Ul
CJI
CJ AQ-
00
(0
W CSI
-
A W
N
N
m(0[D CD
A
C31
A
OI CJI CJ)CS)
co
V mEDCD
m
❑C
rnm
W
N
cnm
in
0
W:JN
0
co
co VIU
Nj CL) co w
co
0 WD_
Co M
A
A
cn
MQ)
10
CO
_
a)
NCCC
C
D
V m
N
C71AV m
❑
mC
i)CJ1 Ln
O❑m
CDC
(n
N
~
N
V N
W
~
~
~ m~
p
R3
m
p
CA
f
V
0
mWilA
co W
CO
A
'(33A(0
m
0)
A
A
V A N
aD
- m
CJ)
N V
m
(0
CO
D
co V
CD
❑mA(0
m
V tD A
mV rn V
fD
c
mA(0❑
❑
t>7C
m
rn
m
-M
w
A
❑
Ij
(1]
m
~
WD 0m0
NmNV
co
(D
Vm5 ru
CDrn CD
❑p(0 V
mm V 0
m
O
-
0
RjN
0
61
4❑
❑co 03 LI
UI(0A V
CD
❑
V
N
N
W
V N
W
V-~
m
(0
p
V
❑
rn
(3)
R)
N
co N 'I N
EnrnVN
co
V ED A m
AA
fn
m V❑ p
Ul
,
❑ n
O
)
)71 -C
O
A
A
C71
CA[D❑DJ
~
AO
V
1
61(0 9
-
V
co
co
ru
~
-co
-
CO
(O C31 [D A
m A.CN31 CD
A
(0
.,j to 03
N A V
❑
❑
m
co
❑
A❑ N Al
(0
m❑ W 10
co
❑ (0❑ co
m
-13
N
A
N., (D N
N
❑
: (0~
A m
o
N
- Cil
m
(0
IJ R7
fU
R) W - .
M R)
co
R)
V CD W A
❑❑CDA
A
OI
m CD
❑(0VCD
❑D
ED
_
)
D
"
❑ A
❑
m c
o -11
CD CD CD W
~(Dm j
0rDe
NJ
C.0)
CP
0 1
V
CN)I❑CUlim
❑
A
C107v❑CND
ul
CD
W aCO
rnrn
m
❑m
CD -
- ❑
CD
CD
0CD
co
mN - R)
ED LTI 11
p
m
N
Wi]
rn
f 7
0
Wt?,
QED
-co
CO
Cc M
COW ❑ W
co mRJ V
!U
co
co
(D CD W N
Nco co ID
CD
P)
m p) N U
MCO D) V
N 33
It
=
CO
n
p7
N
VNN
Q7
V N QI co
(0
V
❑ V
~
A
-
mm
T
V
C1
0 U"
co
CD
owcil -
Cti W V N
A
A.
m
❑
O
C
_
p
❑
❑ 0
A co co
0000
(0
, R) ❑
W p
p
.
°
~ m
P]
CSi
~ (O N
N
❑
CJ
m
V
A A
R)
`v„
IU
a
w
v
[ O DNOA
(0 co W N
0
V
❑ ❑
co
CD
V
A co m C71
v
W❑mm
CD W N W
(
D
O~AN
~n
❑
co
01)
-co
j
m
O
V03Illm
(0J7
(DO VO
.91 co a 0
m
mN~m
rn
~Q
~
❑
nJ
N
❑m CSI
(0
p (0000
❑
m
0NO
-
❑
)
NN
C
U
Ul
-mN
N
_ P
LO
M
N
'
ro
V @rn
A
(0
N
CD
V
j~❑(D
O C`❑p'
p
r_]
Cli
❑
V m N
A
CD
C
)I
❑
-
DI p W
a
'
,-D+
Uri
n]
ii
O)
O OD UI ~
V A V CIl
N
A❑ rn 0
-
w IV m
(0 03 W W
m
CL
CD
N
V
V
UI❑VCD
A
WCDV❑
(0
CD- rn❑
N
W
rn
N~pN
W
❑
m>
~N
N
"
m
(:W
w
m
fU C)CN In
❑
N
(0CO AM
m
[D
m Vmu
❑ W
❑
NO
~m
El
-
CD
0
ID
p
CD
p
❑
rn
A
W j
W NCO
i~
VA (D
UIVNW
V
A
W❑U7V
O
Oj
r.)
fu
4N
N
-4
~
N
m
m
NJm
0
N
~ACJI~
N
'C.
~
u
tD
W
(D
ii)
iD
CD
p
j
m
W-~❑N
V
V
~W ~p
N
❑(0 W CJl
co
- GS
p
GS
73
V
M 0 Rl
W
V
m
{ N
- i
N
a)
u7
N
m
N
CD
mCA CJIV
p(0m w
(M
CO
(0m AN
co C7)Nf0
N
0
m V ❑m
Ui CD
0
Ip
(0
S
CD
co t0 N N
V
[D ❑ Cn W
[D
Co [D Cil =
~
N n
O
s
2❑
07
:n
)
co
W
co 0 N R)
A CD C3I A
W
CD
IU V 0 O
V
E
[il
CP
O N m A
fu
~ C.
y
iD
On
W
_
AW W~
U)
m
D
0
CDm 00
m
V VA
.C
~N
C
L
(0
i.)
V
(p
,J
V
❑
NEON
V (m(Om
A
N
V COAN
CD
V
ED co (m
V NCJI
W
ru
C3
Co
_
.
v
❑
V
V
W
CS1(0NV
rn
R) IJ 4N ED
VA❑W
-
WO
j [)trn
.AK
CD
JJ
0
~I
I
V
V
ED
CO
a W CD ~
❑ V R)m
N
N
j)) O) fu ❑
WN'0
~
OI
V WD W ❑
(0p CD CO
~ D
M.
m
_
J
CD
AV WOJ
P
co N❑
W
Wv❑m
Di
l\l
{r
T
t= T~
_ t
i'
r
-;xr✓
Yti.. J
r
yr'^ri
r `--1
f
i
I
ci
rr2
V,
V
L.
L.
10d
4/1/2009
SUBJECT: CITY ATTORNEY REPORT ON AND DISCUSSION AND POSSIBLE DIRECTION
REGARDING MOBILE HOME PARK RENT STABILIZATION ORDINANCE
Summary: At its meeting on December 17, 2008, the City Council adopted a motion directing the City
Attorney to investigate possible rent stabilization ordinances that are self enforcing, that would not involve
City administration on the process.
I have searched for examples of self-enforcing ordinances that would not involve City staff in the
administration or enforcement of the ordinance. I have not found any examples of such an ordinance.
Lake County has considered, but the Board of Supervisors has not adopted, an ordinance which is not self-
enforcing (it establishes a rent stabilization administrator and a board appointed by the Board of
Supervisors), but the ordinance exempts mobile home parks that offer all of their tenants an opportunity to
enter a County approved form long-term lease with a term of not less than 5 years. The long-term lease
establishes a base rent to which the landlord and the tenant must agree and specifies how the rent may be
increased during the term of the lease. Any dispute that arises under the lease between the mobile home
park owner and a tenant must be resolved by the parties through a court action, if necessary. The County
would not be involved in the enforcement of the lease. The ordinance requires the Mobile Home Park
Administrator ("Administrator") to verify that the mobile home park qualifies for this exemption and to provide
notice to tenants of their rights under the ordinance. Consequently, even if all mobile home parks in the City
claimed the exemption, the ordinance still would require administration by and cost to the City. Copies of
the form lease and the draft ordinance are attached as Attachments 1 and 2 for the Council's reference.
If a mobile home park owner is not willing to offer the approved lease to its tenants, the County ordinance
applies. With respect to non-exempt mobile home parks, the ordinance functions in a manner which is
similar to all of the rent control or stabilization ordinances I have reviewed. It establishes the position of
Administrator. It also establishes a Mobile Home Rent Stabilization Board. Among his or her duties, the
Administrator can approve a long-term lease with the same or better protections as are contained in the
form lease, provide information to tenants about their rights under the ordinance, verify that a park owner
has qualified for the exemption by offering the form lease to all tenants, calculate the annual rent increase
for each non-exempt mobile home park and mail a notice of the increase to each mobile home park owner,
Continued on Page 2
Recommended Action: Discuss and provide direction on whether City staff should pursue the
development of a rent stabilization ordinance.
Alternative Council Option(s): NIA
Citizens advised: Legal Services of Northern California
Requested by: City Council
Prepared by: David J. Rapport, City Attorney
Coordinated with: Jane Chambers, City Manager
Attachments: Attachment 1 - Lake County Draft Form Lease
Attachment 2 - Lake County Draft Rent Stabilization Ordinance
Approved:
Je Chambers, City Manager
Subject: Discussion and Direction on Possible Mobile Home Park Rent Stabilzation Ordinance
Meeting Date: 4/1/2009
Page 2 of 2
and administer the approval of applications by park owners for other rent increases resulting, for example,
from a park owner making qualifying capital improvements. If the Administrator approves a rent increase
based on a qualifying capital improvement, a majority of the tenants in the mobile home park may file a
petition with the Administrator challenging that increase. The Administrator processes the petition, verifies
signatures and conducts an informal hearing. The Hearing Board hears appeals from decisions by the
Administrator.
Like other rent stabilization ordinances, the draft Lake County ordinance allows the County to adopt a rent
stabilization fee to reimburse the county for the cost of administering the ordinance. The fee is imposed on
each mobile home park owner. The owners are authorized to pass the cost of the fee through to their
tenants on a pro-rata basis.
In my opinion, the reason I have not found any examples of self-enforcing rent stabilization ordinances is
that once a city adopts an ordinance which limits the rents a mobile home park owner can charge, it cannot
avoid responsibility for determining whether the rents charged by the park owner comply with the ordinance.
Even if the City adopts fees to recover all of its costs, enforcement problems can arise in connection with
collecting the fee. Even if the City successfully recovers all of its costs, those costs will be passed through
the mobile home park tenants. This will, of course, increase the tenants' rents by the amount of the fees.
The City Council needs to decide whether it wants to undertake the administrative burden of regulating
mobile home park rents in the City limits. In making that determination, it should consider the administrative
burden and cost associated with such regulation and the potential cost to each mobile home park tenant.
Fiscal Impact:
Budgeted FY 08/09 New Appropriation ® Not Applicable Budget Amendment Required
THIS AGREEMENT WILL E EXEMPT FROM ANY ORDINANCE, RULE,
REGULATION OR INITIATIVE MEASURE ADOPTED BY ANY LOCAL
GOVERNMENTAL ENTITY WHICH ESTABLISHES A MAXIMUM AMOUNT
THAT A LANDLORD MAY CHARGE A TENANT FOR RENT.
INSERT PARK NAME Manufactured Home Community (hereinafter "Park") and those
persons (collectively, "Resident") listed on the last page of this document (hereinafter
"Supplement") agree to the terms and conditions set forth herein which amend and
supplement the Rental Agreement (hereinafter "Agreement") for Homesite entered
into by and between the parties on ,
ACKNOWLEDGEMENT: Resident acknowledges and agrees that this Supplement, in
addition to other modifications, modifies the provisions of the Agreement regarding the
payment of rent, the manner in which rent increases are computed, and the term of the
Agreement. Accordingly, Resident acknowledges and agrees that the Agreement shall be
deemed to immediately follow this Supplement, pursuant to Section 798.17 of the
California Civil Code, and the Agreement shall remain in full force and effect subject to
the following modifications:
1. SPECIFIC INFORMATION.
1.1 Term. The tenancy created under the Agreement shall be changed from a
month-to-month tenancy to the period designated below (unless sooner terminated in
accordance with the terms of this Supplement, the Agreement, California Civil Code or
other applicable law).
Five years (60 month) and shall commence on , and end on
Seven years (84 months) and shall commence on , and end on
5
Ten years (120 months) and shall commence on , and end on
Other:
and end on ,
1.2 Initial Base Rent:
1.3 Anniversary Date:
and shall commence on ,
per month.
("Anniversary Date")
10c 1 Rent Stabilization attach 1 1 PARK NAME
3/19/2009
1.4 Termination by Resident. Resident may elect to terminate the
Agreement and this Supplement on sixty (60) days' prior written notice to
Park pursuant to paragraph 3 below.
2. RENT. Resident shall pay Base Rent in advance to Park on the first day of each
month, without deduction, offset, eliminated abatement or rebate.
2.1 First Anniversary Date. The Initial Base Rent specified in paragraph 1.2
shall remain in effect until the first Anniversary Date, whereupon the Cost
of Living adjustments shall commence pursuant to paragraph 2.2 below.
2.2 Cost of Living Adjustments. Commencing with the first Anniversary
Date and on each Anniversary Date thereafter, the Base Rent then in effect
shall be increased by an amount equal to the percentage increase in the
Consumer Price Index for All Urban Consumers for the San Francisco-
Oakland-San Jose California Area (1982-84=100) as published by the
United States Department of Labor, Bureau of Labor Statistics during the
twelve (12) month period ending at least one (1) month (but not more than
four (4) months) prior to the month in which notice of increase if given.
Such increase shall be made upon ninety (90) days' prior written notice.
However, the cost-of-living adjustment shall not be less than three percent
(3%) or greater than seven percent (7%). In the event of the foregoing
Consumer Price Index is discontinued or revised, another governmental
index then in existence shall be selected by Park and used to obtain
substantially the same result.
2.3 Formula Adjustments to Base Rent. At any time after the initial twelve
(12) months of this Agreement, the Base Rent then in effect shall be
subject to formula adjustments.
2.3.1 Notice. A formula adjustment to Base Rent can be made by Park
only after the giving of at least ninety (90) days' prior written
notice. If a formula adjustment has been made for any of the items
listed in subparagraph 2.3.4 below, then no additional increase for
such item shall be implemented for twelve (12) months from the
date of the previous noticed increase.
2.3.2 Comparison Period. For each formula adjustment set forth below,
the "Comparison Period" is the twelve (12) month period ending at
least one (1) month (but not more than four (4) moths) prior to the
month in which the rent increase notice is given or, at the election
of the Park, the twelve (12) month period ending in December of
the year prior to the month in which the rent increase notice is
given. The "Base "Period" is the twelve (12) month period
immediately preceding the Comparison Period.
I Oct Rent Stabilization attach 1 2 PARK NAME
3/19/2009
2.3.3 Annualized. It the amount for any item subject to the formula
adjustments listed in subparagraph 2.3.4 has been instituted or
increased at any time during the Comparison Period, such amounts
may, at the election of Park, be annualized and be considered on a
full twelve (12) month basis for the Comparison Period.
2.3.4 Formula adjustments are as follows:
(a) Property Taxes. If the property taxes for the
Comparison Period exceeds the property taxes for the Base Period by more than two
percent (2%), the Base Rent then in effect shall be increased by the amount of the
increase in excess of two percent (2%), divided by twelve (12) and divided by the number
of spaces in the Park. Property taxes includes, without limitation, general and special real
estate taxes, personal property taxes, ad valorem taxes, bonds, fees, user fees, charges for
or on offsite or onsite improvements, or any assessments or charges in lieu of real
property taxes), any tax or excise on rents or any such other tax, however described,
which is levied or assessed against Park as a direct substitution in whole or in part for any
real property taxes. In the event Resident's Mobilehome, appurtenances and/or accessory
structures shall be assessed and taxed with Park's real property, such tax assessed is
included in property taxes. Park may estimate the amount of such taxes due and impound
from Resident, on a monthly basis, Resident's estimated tax obligation pursuant to this
paragraph. Park shall disclose exact amount of taxes due.
(b) Government Required Services. If the costs for
Government Required Services on an item-by-item basis for the Comparison Period
exceed the cost for any one or more Government Required Services compared to the Base
Period, the Base Rent then in effect shall be increased by the amount of all such increased
costs, divided by twelve (12) and divided by the number of spaces in the Park. The term
"Government Required Services" includes, without limitation, any existing, new,
additional or changed service or facility which Park is required by the government to
provide, or which is economically imprudent not to provide due to governmental
regulation, fees, bonds, charges and other related costs and expenses for water, sewer,
hook-up to municipal sewer or local water company, trash pickup and trash bin rental and
utilities provided by Park. Utilities separately billed by Park to Resident are excluded
_ from this definition.
(c) Capital Improvements and Capital Replacements.
The Base Rent then in effect shall be increased by an amount equal to the total cost of
Capital Improvements and Capital Replacements made by the Park during the
Comparison Period, amortized in accordance to Internal Revenue Service Depreciation
Schedule, divided by twelve (12) and divided by the number of spaces in the park.
Capital Improvements and Replacements are estimated to have a useful life of at least one
(1) year, and Park shall be entitled to received interest on the unamortized balances
calculated by utilizing a prime + two percent (2%) interest factor.
loci Rent Stabilization attach 1 3 PARK NAME
3/19/2009
(i) Capital Improvement Defined. The term
"Capital Improvement" refers to any thing that is new and does not currently exist in the
Park, such as the construction of a new swimming pool where none existed before.
(ii) Capital Replacement Defined. The term
"Capital Replacement" refers to replacement of any existing thing in the Park. Examples
of Capital Replacements are: a new roof to replace the old roof on the existing clubhouse;
and a replacement pump and filter for the swimming pool. Examples of repairs which are
Capital Replacements, but which are excluded from the formula adjustment are: ordinary
upkeep, e.g., repairing the clubhouse roof or repairing the pool pump and filter,
maintaining landscaping and ordinary expenses which may be deducted in accordance
with Internal Revenue Service regulations and federal tax and case law.
(iii) Approval. No individual capital
improvement which would cost more than $10,000 and which would result in an increase
in Base Rent then in effect shall be made without the approval of the Park and the
approval, by written ballot, of a majority (more than 50%) of Residents (one vote per
Homesite). In the event that a capital improvement is proposed by the Park, but is not
approved by a majority of Residents, then Resident's rent shall not be increased for such
capital improvement.
(d) Insurance. If the costs for insurance to the Park
during the Comparison Period exceed the costs for insurance during the Base Period, the
Base Rent in effect shall be increased by the amount of excess cost, divided by twelve
(12) and divided by the number of spaces in the Park. The term "insurance" includes all
amounts paid by the Park for insurance with respect to the Park, including, without
limitation, insurance for any loss, damage or injury to property or person, including fire,
earthquake, flood, vandalism, burglary, or theft, or workers' compensation insurance.
2.3.5 Increases Comprise Rent. The Base Rent increases in
paragraphs 2.2 and 2.3 comprise rent. No delay in the exercise of any right of Park to
institute or increase any formula adjustment to Base Rent listed hereinabove shall be
construed as a waiver or shall impair any right of Park to institute or increase such
formula adjustment.
2.4 . Disclosure. All billings and other documentation relating to calculation
of an adjustment, pass through, or rent increase shall be disclosed to a homeowner within
a reasonable time after request.
2.5 Adjustment Upon Expiration. Notwithstanding paragraphs 2.2 and
2.3, the Base Rent shall be increased either to (1) the highest space rent in the Park, or (2)
by ten percent (10%) of the then existing base rent, whichever amount is higher,
commencing with the next to last month of this Supplement, unless this Supplement is
renewed pursuant to paragraph 6 entitled "Extension or Renewal."
10c1 Rent Stabilization attach 1 4 PARK NAME
3/19/2009
3.0 TERMINATION BY RESIDENT. Resident may elect to terminate the
Agreement and this Supplement on sixty (60) days' prior written notice to Park if one of
the following occurs:
3.1 Removal of Mobilehome. All persons occupying the Homesite rented to
Resident by the Agreement and this Supplement terminate their tenancy as to said
Homesite and remove Resident's Mobilehome, appurtenances and accessory structures
from the Park. In such event, the Homesite shall revert to Park's control, and Park may
lease or rent the Homesite to any party on any terms Park chooses.
3.2 Sale of Mobilehome. All persons occupying the Homesite rented to
Resident by the Agreement and this Supplement terminate their tenancy as to said
Homesite and sell Resident's mobilehome to another party who has been approved by
Park for tenancy in the Park in accordance with the terms set forth in the paragraph
entitled "Approval of Purchaser." In such event, the Agreement and this Supplement
may, be assigned to the purchaser in accordance with the terms of this Supplement.
4. APPROVAL, OF PURCHASER. Resident may sell Resident's Mobilehome at
any time pursuant to the Mobilehome Residency Law and other applicable law. If the
prospective purchaser of the Mobilehome intends for the Mobilehome to remain in the
Park, said purchaser must do the following before occupying the Mobilehome: (a)
complete an application for tenancy (which may include a fee for obtaining a credit
report); (b) be accepted by Park; and (c) execute an assignment of Resident's interest in
the Agreement and this Supplement or a new rental agreement, the Park's Rules and
Regulations, and other residency documents. If the purchaser fails to execute an
assignment or a new agreement, such purchaser shall have no rights of tenancy. The
residency documents signed by the prospective purchaser may be different in their terms
and provisions than such residency documents now in effect so long as residency
documents are consistent with the terms of this agreement
5. ASSUMPTION OF AGREEMENT. After the initial twelve months of this
Supplement, upon the sale of Resident's Mobilehome, Resident shall assign and the
purchaser shall assume Resident's interest in the Agreement and this Supplement. Park
retains the option, upon such assumption and transfer, to increase the adjusted Base Rent
(the Base Rent then in effect for the month immediately preceding the effective date of
the assumption or transfer) either (1) to the highest space rent in the Park for a
comparable site/space, or (2) by an amount not exceeding ten percent (10%) of the then
existing Base Rent, whichever amount is higher. Said increase shall be in addition to any
other rental adjustments provided for in this Supplement.
6. EXTENSION OR RENEWAL. As long as this Agreement is in full force
and effect and Resident is not in default of any term or condition hereof, Resident shall
have the right to renew the Agreement and this Supplement for two (2) additional terms
of sixty (60) months by giving written notice to other party of such election at least sixty
(60) days prior to the expiration of the term. Park shall provide resident with at least six
(6) and no more than nine (9) months notice of Resident's right to renew.
I Ocl Rent Stabilization attach 1 5 PARK NAME
3/19/2009
7. MEGAN'S LAW DISCLOSURE. NOTICE. : Pursuant to Section 290.46
of the Penal Code, information about specified sex offenders is made available to the
public via an internet Web site maintained by the Department of Justice at
www.meganslaw.ca.gov. Depending on the offender's criminal history, this information
will include either the address at which the offender resides or the community of
residence and Zip Code in which he or she resides.
8. PRIOR AGREEMENTS. This Supplement supersedes all prior agreements
regarding the terins of tenancy referenced herein. In the event of a conflict between the
terms of the Agreement and the terms of this Supplement, the terms of this Supplement
shall control.
9. ACKNOWLEDGMENTS. Resident represents, acknowledges and agrees as
follows:
9.1 Personal Residence. Resident is entering into this Supplement for the
personal and actual residence of Resident.
9.2 Acceptance Period. Resident has sixty (60) calendar days from and after
the date Park submits this Supplement to Resident to accept or reject it.
9.3 Cancellation Period. Resident may cancel this Supplement within
seventy-two (72) hours after executing it, by delivering a written notice to the Park
stating Resident's election to cancel.
IOcI Rent Stabilization attach 1 6 PARK NAME
3/19/2009
10. ATTORNEYS FEES. If any action at law or in equity is necessary to
enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees, costs, and necessary disbursements in addition to any other
relief to which such party may be entitled.
THE PERSONS whose signatures appear below have reviewed, understand, and agree
to be bound by this Supplement.
INSERT PA NAME
Dated:
By:
Authorized Agent
RESIDENT(S)
Dated:
Time:
Dated:
Time:
Print Naive
10c1 Rent Stabilization attach 1 7 PARK NAME
3/19/2009
Signature
Print Name
Signature
A A
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
BOARD OF SUPERVISORS, COUNTY OF LAKE, STATE OF CALIFORNIA
ORDINANCE NO.
AN ORDINANCE ADDING TO CHAPTER 32 TOT LAKE COUNTY CODE
ESTABLISHING A MOBILE HOME RENT STABILIZATION PROGRAM
THE BOARD OF SUPERVISORS OF THE COUNTY OF LAKE ORDAINS AS
I FOLLOWS:
SECTION ONE: Chapter 32 is hereby added to the Lake County Code to read as follows:
"CHAPTER 32. MOBILE ROME RENT STABILIZATION PROGRAM
ARTICLE I. IN GENERAL
Sec. 32.1. Title.
This Ordinance may be cited as the Mobile Home Park Rent Stabilization Program
Ordinance of the County of Lake.
Sec. 32.2. Findings.
(a) Mobile home parks are a valuable resource of affordable housing for low and
moderate income individuals and families. There are considerable differences between
residents of mobile home parks and tenants of other types of rental properties. It is
generally impractical to move a mobile home because of the significant cost to do so. A
mobile home owner typically rents a plot of land from the owner of a mobile home park.
The park owner provides private roads within the park and may also provide certain
common facilities and utilities. The mobile home owner often invests in site-specific
improvements such as a driveway, steps, walkways, porches, or landscaping. When the
mobile home owner wishes to move, the mobile home is usually sold in place. The
immobility of the mobile home, the investment of the mobile home owner, and restriction
on mobile home spaces, has sometimes led to what has been perceived as an economic
imbalance of power in favor of mobile home park owners.
(b) Many residents of mobile home parks have expressed concerns about both the
significant increases in mobile home park space rents and the potential for unexpected
Ordinance Adding to Chapter 32 to the Lake County Code
Establishing a Mobile Home Rent Stabilization Program
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
future increases. In response to those concerns, the Board of Supervisors created an Ad
Hoc committee, the Mobile Home Task Force, the composition of which included two
members of this Board, mobile home park residents and mobile home park owners. The
Mobile Home Task Force devoted considerable time and effort over the course of their
numerous meetings, culminating in the development of a supplemental lease agreement,
which agreement limits both the amount and frequency of rental increases imposed upon
mobile home park residents.
(c) The Board of Supervisors adopted Resolution No.2008-117 on September 16, 2008,
whereby the Board endorsed the supplemental lease agreement and encouraged all mobile
home park owners to agree to offer this Agreement to all eligible residents of their
respective parks.
(d) The Board of Supervisors finds and declares that a Mobile Home Rent Stabilization
Program is necessary to facilitate and encourage fair bargaining between mobile home
park owners and park residents in order to reach mutually satisfactory agreements as to
space rental rates in mobile home parks, which agreements preserve the value of the
residents' mobile homes and the value of the owners' mobile home parks. Absent such
agreements, the Board hereby finds it is necessary to protect the residents from
unreasonable rent increases in a manner which still provides for the interest of the park
owners in achieving a fair and reasonable return on their property. Administration of this
Ordinance shall be under the direction of the Lake County Mobile Home Rent
Stabilization Program Administrator.
(e) The Board of Supervisors finds that the adoption of the ordinance codified in this
chapter will not have a significant, substantial or adverse effect on the physical
environment of the community because enactment of this chapter involves no deviation
from the General Plan and no change in the present use of any property within the
unincorporated areas.
Ordinance Adding to Chapter 32 to the Lake County Code
Establishing a Mobile Home Rent Stabilization Program
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Sec. 32.3. Purpose.
The purpose of this chapter is to:
(a) Encourage the fair and reasonable practices utilized by most mobile home park
owners and managers in the County.
(b) Encourage good and productive relationships between mobile home park owners and
residents, and mobile home park owners and managers;
(c) Prevent excessive and unreasonable increases in mobile home park space rents;
(d) Permit mobile home park owners to fairly run their businesses and receive a fair
return on their investments; and
(e) Help preserve a valuable form of affordable housing within the County of Lake.
32.4. Definitions..
(a) Approved Long-Term Lease Supplement. The Approved Long-Term Lease
Supplement is the supplemental lease agreement approved by Board of Supervisors
pursuant to Resolution No.2008-117. The Approved Supplement, included here as
Appendix "A", sets forth the applicable terms to be included in any long-term lease
agreement or as a supplement to any existing written lease agreement.
(b) Base Rent. The authorized rent, as calculated pursuant to the provisions of Section
32.11 herein, plus any rent increase allowed under this Chapter or any rent adjustment
attributable to vacancies as provided in Section 32.10(c) herein.
(c) Consumer Price Index. The Consumer Price Index all items for the western region for
all-urban consumers as reported by the Bureau of Labor Statistics of the United States
Department of Labor.
(d) In-Place Transfer. The transfer of the ownership of a mobile home with the mobile
home remaining on the mobile home park space following the transfer.
(e) Mobile Dome. A structure transportable in one (1) or more sections, designed and
equipped to contain not more than one (1) dwelling unit, to be used with or without a
foundation system.
Ordinance Adding to Chapter 32 to the Lake County Code
Establishing a Mobile Home Rent Stabilization Program
31
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(f) Mobile )dome Owner or Resident. A person entitled to occupy a mobile home
dwelling space pursuant to ownership thereof or a rental or lease agreement with the
owner thereof. To be entitled to the protections of this Ordinance, a mobile home owner
or resident must occupy the mobile home as his/her principal residence.
(g) Mobile Home Park. Any area or tract of land where # or more mobile home
lots are rented or leased, or held out for rent or lease, to accommodate mobile homes used
for human habitation for permanent, as opposed to transient, occupancy.
(h) Mobile Home Park Owner. A mobile home park owner, mobile home owner, lessor
or sublessor who receives or is entitled to receive rent for the use and occupancy of any
rental unit or portion thereof, and the agent, representative or successor of any of the
foregoing and one who reports to the Internal Revenue Service any income received or
loss of income resulting from such ownership or claims any expenses, credits, or
deductions because of such ownership.
(i) Mobile Dome Rearing Board. A Hearing Board, consisting of three (3) members,
exclusive of elected officials.
0) Mobile Dome Rent Stabilization Administrator or Administrator. The individual
designated by the Board of Supervisors to administer the County's Mobile Home Rent
Stabilization Program.
(k) Mobile Home Space. The site within a mobile home park intended and/or used for the
location of a mobile home and any structures, accessory or appurtenant thereto.
(1) Space Rent or Rent. Any consideration, including any bonus, benefit or gratuity,
demanded or received for and in connection with the use or occupancy of a mobile home
space within a mobile home park, but exclusive of any amounts paid for the use of the
mobile home as a dwelling unit. The use or occupancy of a mobile home space shall
include the exercise of all rights and privileges and the use of facilities, services, and
amenities accruing to the residents thereof. Space rent or rent does not include any
separately billed utility fees and charges for propane gas, electricity, water, cable
Ordinance Adding to Chapter 32 to the Lake County Code
Establishing a Mobile Home Rent Stabilization Program
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
television, garbage, or sewer service.
(m) Rent Adjustments. Any rent increase or decrease demanded of or paid by a mobile
home park resident, including any reduction in housing services without a corresponding
reduction in the monies demanded or paid for in rent.
(n) Rental Agreement. A written agreement between a mobile home park owner and
mobile home park resident establishing the terms and conditions of the occupancy and use
of a mobile home space in a mobile home park. A lease is a rental agreement.
ARTICLE II. MOBILE HOME HEARING BOARD ESTABLISHMENT AND
POWERS
See. 32.5. Establishment of Hearin Board. oard. The Board of Supervisors hereby
establishes a Mobile Home Hearing Board for the County of Lake for the purpose of
hearing and determining any petitions filed pursuant to Section 32.16 or Article V of this
chapter.
Sec. 32.6. Composition. The Board shall consist of three (3) regular members and two (2)
alternate members. One regular member shall be a mobile home park resident whose
principal residence is in the unincorporated area of Lake County; one regular member shall
be a mobile home park owner of a mobile home park located in the unincorporated area of
Lake County. The two alternate members shall be a mobile home park resident from a
different mobile home park in the unincorporated area of Lake County and a mobile home
park owner of a different mobile home park in the unincorporated area of Lake County.
The remaining regular member shall be a resident of the unincorporated area of Lake
- County who is neither a mobile home park resident or owner and who has no conflict of
interest due to a relationship with either or both. Candidates for membership shall submit
the County's standard application form used for consideration of appointment to various
County boards and commissions, which form is available from the Office of the Clerk of
the Board of Supervisors. The Board of Supervisors shall appoint the members in
accordance with all applicable County procedures.
Ordinance Adding to Chapter 32 to the Lake County Code
Establishing a Mobile Home Rent Stabilization Program
51
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Sec. 32.7. Term.
(a) Each regular member of the Mobile Home Board shall serve for a term of two (2)
years. For the first Board, the members shall be appointed to serve terms which shall
conclude on January 1, 2011. Thereafter, the successors shall be appointed for terms of
two (2) years. Each regular member shall hold office until a new member has been duly
appointed and assumed his or her duties. Each alternate member of the Board shall serve
for a term of two (2) years except as provided herein. Each alternate member shall hold
office until a new alternate member has been duly appointed and assumes his or her duties.
If a vacancy occurs or an office becomes vacant other than by expiration of a term, it shall
be filled by the Board of Supervisors by appointment as previously prescribed herein for
the unexpired portion of such member's term. Notwithstanding the above provisions of
this paragraph, a member may be removed, at any time, with cause, by a majority vote of
the Board of Supervisors. Further notwithstanding the above provisions of this
paragraph, any member who is absent without sufficient cause as determined by the
Board of Supervisors from three (3) consecutive meetings of the Mobile Home Board
which such member was required to attend shall be deemed to have vacated his or her
office.
(b) The Board of Supervisors hereby reserves the right to dissolve the Mobile Home
Hearing Board at any time upon majority vote to do so and transfer the functions and
duties of the Mobile Home Hearing Board to an Arbitrator selected by the Board of
Supervisors. Said Arbitrator shall conduct those functions and duties according to the
provisions herein applicable to the Mobile Home Hearing Board.
Sec. 32.8. Powers and Duties of the Board.
The Mobile Home Hearing Board may approve, modify, or deny major rent adjustments as
defined in Article V herein and may determine whether the action or proposed action
which is the subject of said petition is valid, authorized, and in conformity with Section
32.16 pursuant to the criteria and conditions enumerated in this chapter.
Ordinance Adding to Chapter 32 to the Lake County Code
Establishing a Mobile Home Rent Stabilization Program 6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ARTICLE III. APPLICABILITY AND EXEMPTIONS
Section 32.9. Applicability
This Ordinance shall be applicable to all mobile home park spaces within the
unincorporated areas of the County of Lake, unless exempt pursuant to the provisions of
this Ordinance and/or pursuant to state or federal law. Nothing in this Ordinance shall be
deemed to supersede any provision of California Civil Code Sections 798, et seq. as
written and/or as it may be amended.
Section 32.10. Exemptions
The provisions of this Ordinance shall not apply to:
(a) Approved Long-Term Lease Supplement
1. A mobile home park shall be exempt from this chapter if it has entered into the
Approved Long Term Lease Supplement. The mobile home park owner must provide all
eligible mobile home owners and residents who, as of [date] , are not
parties to an existing long-tenn rental agreement having an initial term in excess of twelve
(12) months, the opportunity to enter into the Approved Long-Term Lease Supplement,
and provide proof of offer of said Approved Long-Term Lease Supplement to the County
of Lake.
2. The Approved Long-Term Lease Supplement is identical to the terms as approved by
Board of Supervisors resolution. Alternatively, any long-term lease which offers the same
or better protections to the mobile home owners and residents may be used with approval
of the Mobile Home Rent Stabilization Program Administrator. As long as the Approved
Long-Term Lease Supplement is offered to the mobile home owners and residents, the
park owner may offer other rental agreements to the mobile home owners and residents for
their consideration and acceptance/rejection.
3. The mobile home owner or resident must be provided with an Information Sheet, which
among other things, must set forward the rights of residents and owners under this Chapter
as well as additional information as determined by the Mobile Home Rent Stabilization
Ordinance Adding to Chapter 32 to the Lake County Code
Establishing a Mobile Home Rent Stabilization Program
71
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17'
18
19
20
21
22
23
24
25
26
27
28
Program Administrator.
4. The mobile home park owner must submit verification of compliance with this section
to the County for each current and incoming resident, in accordance with procedures as set
forth by the Mobile Home Rent Stabilization Program Administrator. The mobile home
park owner must also submit verification of compliance upon request of the County.
(b) State Law Exemptions.
1. Spaces that are subject to a rental agreement which exempts that space from rent
regulation pursuant to the California Mobile Home Residency Law, California Civil Code
Section 798 et seq.
2. Newly constructed spaces, which are exempted pursuant to Civil Code Section 798.45.
3. Spaces which are exempt pursuant to Civil Code Section 798.21 (which exempts
spaces which are not the principle residence of the mobile home owner).
4. Any space otherwise exempted by State law.
5. Units Owned or Operated by Government Agencies. The provisions of this chapter
shall not apply to any rental unit whose rent is subsidized pursuant to a public program
that limits the rent that can be charged for the mobile home park space.
(c) Vacancies
1. Subject to the limitations of paragraphs 2 and 3 below, if a mobile home space or
mobile home is voluntarily vacated, abandoned or repossessed, or vacated pursuant to
California Civil Code Section 798.56 or 798.75, the mobile home park owner may.adjust
the space rental rate to an amount he/she in his or her discretion may determine.
2. Subject to the provisions of Civil Code Section 798.17, if the mobile home is sold in
i
place and is to remain on site, the landlord may only increase the rental rate of the space to
to new owner to an amount that is no greater than the average of the three highest rentals
then currently being charged by the park owner for resident owner occupied spaces of
comparable size, location, and amenities in the park.
3. If a resident owner must move from his or her mobile home because of a need for long-
Ordinance Adding to Chapter 32 to the Lake County Code
Establishing a Mobile Home Rent Stabilization Program
81
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
term medical care or custodial care, the space shall remain subject to this Ordinance
during the time the owner is absent and remains incapacitated. In those parks which allow
subletting, the absent and incapacitated owner may sublet the mobile home for a charge
not to exceed the space rent and utilities and all legally allowable pass-through costs for a
period of time to exceed twenty-four (24) months without removing the space from the
protection of this Ordinance.
(d) Tenant Approval
This Ordinance does not apply if two-thirds of all residents in a mobile home park affected
by a rent increase or other action give their approval in writing as evidenced by the
signature of one resident for each space or in an election called to consider the matter with
each space casting one vote. The mobile home park owner shall supply proof of such
approval to the Mobile Home Park Rent Stabilization Administrator for verification.
ARTICLE IV. SPACE RENT INCREASE LIMITATIONS
Sec. 32. 11. Base Rent - Initial Calculation.
Except as hereinafter provided, an owner shall not demand, accept, or retain rent for a
mobile home space exceeding rent in effect for such space on the effective date of this
Ordinance. If a previously rented mobile home space was not rented on the effective date
of this Ordinance, the mobile home park owner shall not, except hereinafter provided,
demand, accept, or retain rent for such space exceeding the rent in effect during the last
month the space was rented prior to the effective date of this Ordinance.
Sec. 32.12. Space Rent Ceiling Adjustment.
(a) Permissive Annual Adjustment
Except as otherwise provided herein, from and after the effective date of this Ordinance,
the space rent payable for the use or occupancy of any mobile home space shall not be
adjusted in any twelve-month period more than once and no increase resulting from said
adjustment shall exceed the percent change in the Consumer Price Index. This allowance
shall not exceed five percent (5%). No application or permission is required for the annual
Ordinance Adding to Chapter 32 to the Lake County Code
Establishing a Mobile Home Rent Stabilization Program
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
adjustment under this section.
(b) Notice of Permissive Annual Rent Increase.
1. Notice by Mobile Home Rent Stabilization Administrator. The annual rent increase
shall be annually calculated by the Mobile Home Rent Stabilization Administrator, and
posted by February 1 of each year both in the County Courthouse located at 255 North
Forbes Street in Lakeport, California and on the County of Lake website. The information
shall also be mailed to each non-exempt mobile home park owner.
(2) Notice in Mobile Home Parks. A copy of the notice shall be posted by the park owner
or manager in a prominent place in each non-exempt mobile home park within three (3)
days after it is received by the mobile home park owner.
(c) No Decrease if CPI Decreases. In the event that the CPI decreases, no rent decrease
shall be required pursuant to this section.
(d) Compliance with State Law. Rent increases permitted pursuant to this section shall
not be effective and shall not be demanded, accepted, or retained until the mobile home
park owner has given the notice required by State law.
Sec 32 13 In-Place and Other Transfer of Ownership of Mobile Homes.
(a) Increase Permitted. Upon an in-place sale or transfer of the ownership of a mobile
home, a park owner may increase the space rent by ten (10) percent.
(b) Allowable Frequency of Increases. Only one (1) increase of ten (10) percent shall be
allowed pursuant to this section within a sixty (60) month period.
(c) Types of Transfers Excluded from this Section. In-place sales and transfer of
ownership of the purposes of this chapter shall not include transfer to the conservator,
guardian or trustee of a homeowner, transfers to a homeowner's trust (provided that the
beneficiaries entitled to ownership of the mobile home are members of the homeowner's
Ordinance Adding to Chapter 32 to the Lake County Code
Establishing a Mobile Home Rent Stabilization Program
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
immediate family), for transfers to a surviving spouse, parent, or children of the
homeowner.
(d) Replacement of Mobile Nome not a Transfer. No increase may be imposed pursuant
to this section pursuant to the removal of a mobile home from a park by a homeowner
already residing in the park for the purpose of replacing a mobile home with a new or
different mobile home.
(e) Advance Notice of Allowable Rent Increases Pursuant to this Section. A mobile
home owner who intends to offer the mobile home for sale may request a written
statement from the mobile home park owner specifying the rent which will be charged to a
new mobile home owner. The mobile home park owner shall provide this written
statement within ten (10) days of the request, which shall be deemed received on the day
that the notice is personally delivered or within three (3) days of the time that the notice is
mailed.
Sec 32.14. Pass-through of Property Tax Increases Pursuant to the Sale of a Park/
Special Assessments.
(a) A mobile home park owner may pass through property tax increases resulting from a
reassessment of the park as a consequence of the sale of the park, provided that the
purchaser of the park is not a member of the seller's immediate family or a surviving
spouse. This section shall not authorize any pass-through that is not permitted under State
law.
(b) The amount of the property tax increase resulting from the sale of a park for the year in
which the sale took place shall be computed by comparing the annual property tax for the
property tax year (July 1 st-June 30th) prior to the sale of the property with the property tax
Ordinance Adding to Chapter 32 to the Lake County Code
Establishing a Mobile Home Rent Stabilization Program 11
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
for the property tax year in which the transfer occurred. The amount of the property tax
increase for subsequent years shall be computed by comparing the annual property tax for
the property tax year (July 1 st-June 30th) prior to the sale of the property with the property
tax for the property tax year following the year in which the transfer occurred. The
property tax comparisons pursuant to this section shall not take into account the portion of
the property tax increase attributable to County-wide increase in assessed values, such as
the two (2) percent annual increase that is ordinarily applied to all properties.
(c) A park owner may pass through cost increases resulting from new types of property
assessments. The amount of the any property tax increase or cost increase resulting from a
new type of property assessment shall be prorated on a monthly basis among all of the
spaces in a park.
Sec. 32.15. Administrative )Fees.
(a) A park owner may increase the space rent payable for a mobile home space within any
twelve-month period to apportion and pass through, on a pro-rata basis, to each mobile
home space subject to the provisions of this chapter, the allowable percentage of County
administrative fees pursuant to Section 32.36.
(b) The park owner shall provide to all affected residents documentation supporting the
allowable amount to be collected in order to recover a portion of rent stabilization
administration fees. At a minimum such documentation shall include: billing notices or
other equivalent documents from the County imposing the rent stabilization administration
fee.
(c) The administrative fee rent increase shall not be included as part of the base rent upon
Ordinance Adding to Chapter 32 to the Lake County Code
Establishing a Mobile Home Rent Stabilization Program
121
1
2
which future rent increases are based and shall be deleted from the space rent once the
mobile home owner's pro rata share of said administrative fee rent increase has been
3
collected.
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Sec. 32.16. Rent Increase Based upon Capital Improvements - Five Percent
Limitation.
(a). Streamlined Procedure Where Cost is Five Percent or Less of Existing Rent
An application for a rent increase based on the cost of a proposed or completed capital
improvement shall be approved by the Mobile Home Rent Stabilization Program
Administrator if it meets the criteria and conditions of this section. For the purposes of this
section "Capital Improvement" is defined as the installation of new improvements and
facilities, and/or the replacement or reconstruction of existing improvements and facilities
which consist of more than ordinary maintenance or repairs, with a useful life of at least
five (5) years. In no event shall any single rent increase or any cumulative rent increases
under this subsection exceed five percent (5%) of any mobile home owner's then existing
rent.
(b) Approval of Capital Improvements When Required for Public Health and Safety
and/or to Comply with Federal, State, and Local Law.
A capital improvement shall be approved by the Rent Stabilization Program Administrator
upon a satisfactory showing by the mobile home park owner that the improvement is
required to:
1. Maintain the common facilities and other areas of the park in a safe and sanitary
condition; or
2. Comply with the law or an administrative regulation.
Ordinance Adding to Chapter 32 to the Lake County Code
Establishing a Mobile Home Rent Stabilization Program
13
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(c) Amortization. Capital Improvement rent increases permitted under this section shall
be amortized over the useful life of the improvement as set forth in Internal Revenue class
life tables then in effect, unless the Mobile Home Rent Stabilization Administrator in
his/her discretion determines that the use of such tables is unreasonable under the
circumstances.
(d) Apportionment. Capital Improvement rent increases shall be apportioned equally
among all spaces in the mobile home park affected thereby and shall be payable monthly,
and shall be set forth by the park owner as a separate item from the space rent. The
increase shall remain in effect only until the cost of the improvement, plus reasonable
costs of financing as set forth above, have been fully recovered.
(e) Contents of the Application. The application for the cost of a completed capital
improvement or the estimated cost of a proposed capital improvement shall contain:
1. A description of the capital improvement;
2. A copy of all estimates, contracts, bills, invoices, canceled checks and other
documentation reasonably necessary to establish the cost of the capital improvement and
the reasonable cost of financing the capital improvement.
(f) A petition by an affected residents of a mobile home park, as allowed by Section 32.19,
shall, as to this section, be limited to challenging the increase for a capital improvement
only on the basis that it does not meet the criteria established in this section.
(g) Nothing in this section shall preclude a mobile home park owner from foregoing the
right to seek a rent increase under this section and instead applying for a major rent
increase, including applying for a major increase based on capital improvement
Ordinance Adding to Chapter 32 to the Lake County Code
Establishing a Mobile Home Rent Stabilization Program
14
expenditures that would otherwise result in a rent increase in excess of five percent of the
mobile home resident's then existing rent.
(h) No rent increase for a proposed capital improvement may be collected until the mobile
home park owner provides proof to the Administrator that the improvement has been
completed.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Sec. 32.17. Notice to Residents. A notice of rent increase given by a mobile home park
owner pursuant to this Article shall be given in writing at least ninety (90) days before any
rent increase is to take effect
Sec 32.18. Piling of a Petition by a Mobile Home Park Resident
(a) Any resident of a mobile home park subject to this Ordinance and joined by at least
fifty percent (50%) of the other residents similarly affected, may petition for a
determination whether a proposed or actual action by the mobile affecting such resident(s)
i
is within the terms of Section 32.16. Such petition shall be on a form prescribed by the
Mobile Home Rent Stabilization Administrator. In the absence of such designated form,
the petition shall contain the name, address and telephone number, if known, of the mobile
home park owner or other person authorized to represent the owner of the mobile home
park, a brief statement of the facts giving rise to the petition and a statement that a copy of
the petition has been personally served or mailed to the owner or other person authorized
to accept and receive notices.
(b) A petition must be filed within 60 days of notice being given by the park owner or
within 90 days of the action actually taken by the park owner when no written notice
preceded the action.
I Ordinance Adding to Chapter 32 to the Lake County Code
Establishing a Mobile Home Rent Stabilization Program
15
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(c) Upon receipt of the petition, the Administrator shall determine whether the petition
contains the minimum number of signatures required. Thereafter, the Administrator shall
notify, in writing, the park owner and the residents of the results of that determination.
(d) Informal Bearing. The Administrator shall conduct an informal hearing in an attempt
to resolve the matter. In making his/her recommendation(s), the Administrator may
consider all relevant factors including those listed in this Ordinance.
1. The hearing may be attended by no more than two representatives from the affected
residents and two representatives from the park owner. Attorneys shall not be present at
the informal hearing(s) unless agreed to by both sides except in a case where the park
owner or petitioning resident(s) is an attorney in which case the other party may be
accompanied by its own attorney.
2. The Administrator shall submit his/her final recommendations in written form to both
sides. Any agreements reached by the parties shall be reduced to writing and be signed by
them and the Administrator.
3. Any party to the informal hearing conducted by the Administrator shall be entitled to
appeal the decision to the Mobile Home Hearing Board. The conduct of proceedings on
appeal shall be as described in Section 32.27 herein.
ARTICLE V. MAJOR RENT INCREASES
An increase in space rent payable for any mobile home space within any twelve-month
period more than the amounts otherwise permitted herein, whether for a hardship rent
increase, capital improvement costs as to which Section 32.16 herein is inapplicable, or for
other reasons and purposes, and/or a reduction in services without a concurrent decrease in I
Ordinance Adding to Chapter 32 to the Lake County Code
Establishing a Mobile Home Rent Stabilization Program
161
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
space rent shall be considered a major rent increase and is subject to the provisions set
forth in this Article, Article V and other provisions of this chapter.
Sec. 32.19. Notice to Mobile Nome Park Residents.
(a) At least ninety (90) days before instituting a major rent adjustment as defined in this
Article, the mobile home park owner shall,give written notice of the proposed action to all
affected mobile home residents.
(b) Whenever the owner serves such a notice of rent increase, owner shall at the same time
and in the same manner serve the affected resident with a notice that sets forth all of the
following information:
1. The amount of the rent increase both in dollars and as a percentage of existing rent and
documentation supporting the level of increase desired, including at a minimum: a
summary of the unavoidable increases in maintenance and operating expenses; a statement
of the cost, nature, amortization, and allocation among mobile home spaces of any
substantial rehabilitation or capital improvement; a summary of the increased cost of the
owner's debt service and the date and nature of the sale or refinancing transaction; a
summary of the owner's net operating income of the preceding twenty-four (24) months
and other relevant information that supports the level of rent increase desired;
- 2. The identity of all affected residents.
(c) Reduction in Mobile Home Park Service. For a reduction in park service with or
without a decrease in rent, the relevant information to be provided to affected park
residents referred to in Section 32.19(b) hereinabove must include the specific park
services to be reduced and the decrease in park space rent, if any, which will result.
Ordinance Adding to Chapter 32 to the Lalce County Code
Establishing a Mobile Home Rent Stabilization Program
17
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Sec. 32.20. Notice of Meeting.
(a) Concurrently with providing notice of a rent increase as required in Section 32.19, or
reasonably soon thereafter, the mobile home park owner shall provide at least thirty (30)
days advance written notice of a meeting with the affected residents to discuss the
proposed increase. This notice shall include the time and date of the meeting, which time
must be as convenient for as many'affected residents as possible, the exact location of the
meeting, which shall be at a location within the mobile home park. The rent increase not
become effective until forty-five (45) days after the commencement of this meeting.
Sec. 32.21. Notice to Mobile Nome Rent Stabilization Administrator.
The mobile home park owner shall serve a copy of the notice of rent increase described in
Section 32.19 and a list of names and addresses of all persons receiving notice upon the
Mobile Home Rent Stabilization Administrator at least seventy-five (75) days prior to the
effective date of the rate increase.
Sec. 32.22. Manner of Giving Notice.
Notices of rent increases and meetings required by this chapter shall be given personally to
the affected resident, deposited in the United States mail, postage prepaid, addressed to the
resident at his or her site within the mobile home park or by other manner agreed upon in
- writing by the resident and the park owner.
Sec. 32.23. Implementation. Following the provision of notice in substantial compliance
with the requirements of this Article and the holding of the meeting required herein, and
the provision of any and all notices required by state law, the rent increase may be
implemented unless a timely petition substantially in compliance with the requirements
Ordinance Adding to Chapter 32 to the Lake County Code
Establishing a Mobile Home Rent Stabilization Program
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
provided in Article VI herein has been filed. Should such a petition be so filed, the
collection of increased rent shall be stayed pending the review proceedings provided
herein.
ARTICLE VI. VIEW HEARING PROCEDURES
Sec. 32.24. Petition for Review.
(a) Right to Petition. Mobile home residents affected by a major rent increase as
described herein shall have the right to file a petition for review of any such increase with
the Mobile Home Rent Stabilization Administrator in the Lake County _[name of
department]_ Department at 255 North Forbes Street, Lakeport, California. 95453.
(b) The petition must be signed by more than fifty (50) percent of the mobile home
residents affected by the rent increase. For purposes of determining the sufficiency of the
petition, only one resident per occupied space shall be counted.
(c) The petition must include the name and address of the mobile home park, the names
and addresses of the park owners, and the name of the petitioners' legal representative or
the affected resident who shall act as the representative of the petitioners.
(d) Petition Form Required. Such petition shall be on a form prescribed by the Mobile
Home Rent Stabilization Administrator.
(e) Petition Content. The petition shall include a brief summary of the amount of the
disputed rent increase. For a petition challenging a reduction in service without a
concurrent decrease in rent, the petition must describe the service that has been reduced,
the date the reduction occurred or was discovered, and the claimed amount that the space
rent should be decreased as a result of the reduction in service. The petition should
Ordinance Adding to Chapter 32 to the Lake County Code
Establishing a Mobile Home Rent Stabilization Program
19
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
include all documentation which the petitioners believe is relevant to the rate increase
under review.
(f) Time for Piling. The petition shall be filed no later than thirty (30) days after the
effective date of the rent increase.
(g) Verification of Petition. Within twenty (20) days after the petition is submitted, the
Mobile Home Rent Stabilization Administrator shall determine if the petition is complete
and verify that the petition has the required number of signatures.
(h) Notification of Mobile Home Park Owner. Upon verifying the petition, the Mobile
Home Rent Stabilization Administrator shall send written notice to the park owner that a
petition has been received and determined to be sufficient.
Sec. 32.25. Dispute Resolution.
Within fifteen (15) days of having sent notification to the mobile home park owner as
described in Section 32.24 (h), the Mobile Home Rent Stabilization Administrator shall
convene a meeting with the park owner and the petitioners' representative for purposes of
mediating the dispute. If no resolution is achieved through this process within forty-five
(45) days of having first convened a meeting, the Administrator shall notify the Mobile
Home Hearing Board that it will convene for a hearing on the petition.
Sec. 32.26. Hearing Before the Mobile Home Hearing Board.
(a) The Mobile Home Hearing Board shall commence an administrative hearing on the
petition within not less than thirty (30) nor more than sixty (60) days after the date of
notification from the Mobile Home Rent Stabilization Administrator described in Section
32.25.
Ordinance Adding to Chapter 32 to the Lake County Code
Establishing a Mobile Home Rent Stabilization Program
20
1
2
3
4
5
6
7
8I
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(b) The hearing shall be completed within fifteen (15) days after it is commenced. These
time deadlines may be extended if the Hearing Board finds that there is good cause to
commence and/or complete the hearing at a later date.
(b) The Hearing Board may schedule the hearing during the normal business hours of the
County unless the park owner or a majority of the residents that are subject to the petition
request that the hearing be scheduled during the evening.
(c) Notice of Hearing. The Mobile Home Rent Stabilization Administrator shall give
written notice of the time, date, and place of the administrative hearing to the park owner
and to the petitioners, by and through their designated representative, at least thirty (30)
days prior to the hearing.
(d) The Hearing Board may order production of such requested documentation, if the
Hearing Board determines the information is relevant to the proceedings.
Sec. 32.27. Conduct of the Hearing .
(a) All hearings held by the board shall be conducted in accordance with the Ralph
M. Brown Act, at Sections 54950 et seq. of the California Government Code.
(b) All interested parties to a hearing may have assistance from an attorney or such other
person as may be designated by the parties in presenting evidence or in setting forth by
argument their positions. All witnesses shall be sworn in and all testimony shall be under
penalty of perjury.
(c) In the event that either the mobile home park owner or the petitioners should fail to
appear at the hearing at the specified time and place, the board may hear and review such
evidence as may be presented, and make such decisions as if all parties had been present.
Ordinance Adding to Chapter 32 to the Lake County Code
Establishing a Mobile Home Rent Stabilization Program
21
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(d) The petitioners and the mobile home park owner may offer any relevant evidence and
the formal rules of evidence shall not apply.
(e) The board shall maintain a record of all proceedings by electronic recording. Either the
petitioners or the mobile home park owner will have the right to procure the services of a
court reporter at their own expense to record and transcribe the proceedings.
Sec. 32.28. Standards of Review
(a) In reviewing a petition challenging a major rent increase, the board may consider,
along with all other factors it considers relevant, changes in costs to the mobile home park
owner attributable to an increase or decrease in utility rates, property taxes, insurance,
advertising, variable mortgage interest rates, employee costs, normal repair and
maintenance, and other considerations, including, but not limited to, rehabilitation work,
capital improvements, upgrading and addition of amenities or services, net operating
income and the level of rent necessary to permit a just and reasonable return on the
owner's property.
(b) In reviewing a petition appealing a determination permitting a rent increase based on
capital improvements with a fiver percent (5%) limitation under Section 32.16 herein, the
board may consider only whether the proposed increase meets the criteria established in
that section.
Sec. 32.29. Standards of Review for Rent Increase to Maintain Net Operating
Income.
(a) In addition to the information to be considered enumerated in Section 32.29(a), when
reviewing a space rent increase imposed by a park owner to maintain the owner's net
Ordinance Adding to Chapter 32 to the Lake County Code
Establishing a Mobile Home Rent Stabilization Program
221
operating income from the park, the following definitions and provisions shall apply:
2
3
4
5
6
7
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1. "Net operating income" of a mobile home park means the gross income of the park less
the operating expenses of the park.
2. "Gross income" means the sum of the following:
A. Gross space rents, computed as gross space rental income at one hundred
percent (100%) occupancy; plus
B. Other income generated as a result of the operation of the park, including, but
not limited to, fees for services actually rendered; plus
C. Revenue received by the park owner from the sale of gas and electricity to park
residents where such utilities are billed individually to the park residents by the
park owner; minus
D. Uncollected space rents due to vacancy and bad debts to the extent that the same
are beyond the park owner's control. Uncollected space rents in excess of three
percent (3%) of gross space rent shall be presumed to be unreasonable unless
established otherwise and shall not be included in computing gross income. Where
uncollected space rents must be estimated, the average of the preceding three (3)
years experience shall be used.
3. "Operating expenses" means:
A. Real property taxes and assessments;
B. Utility costs to the extent that they are included in space rent;
C. Management expenses including the compensation of administrative personnel,
including the value of any mobile home space offered as part of compensation for
such services, reasonable and necessary advertising to ensure occupancy only, legal
and accounting services as permitted herein, and other managerial expenses.
Management expenses are presumed to be not more than five percent (5%) of gross
income, unless established otherwise;
D. Normal repair and maintenance expenses for the grounds and common facilities
including but not limited to landscaping, cleaning and repair of equipment and
facilities;
E. Owner-performed labor in operating or maintaining the park. (To be limited to
five percent of gross income unless the Hearing Board finds in a particular case
such a limitation would be unfair.)
F. Operating supplies;
G. Insurance premiums pro-rated over the life of the policy;
H. Taxes, fees, and permits, except as provided in Section 32.14.
1. Capital Improvement Costs;
J. Involuntary Refinancing of Mortgage or Debt Principal.
Ordinance Adding to Chapter 32 to the Lake County Code
Establishing a Mobile Home Rent Stabilization Program
23
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15 li
16
17
18
19
20
21
22
23
24
25
26
27
28
(b) All operating expenses must be reasonable. Whenever a particular expense exceeds the
normal industry or other comparable standard, the park owner shall bear the burden of
proving the reasonableness of the expense.
(c) Presumption of Pair Base Year Net Operating Income. A mobile home park owner
has the right to obtain a net operating income equal to the base year net operating income
adjusted by the percentage increase in the CPI since the base year. It shall be presumed
that the net operating income received by the mobile home park owner in the base year,
provided the park owner with a fair and reasonable return.
Sec. 32.30. Standards of Review for Capital Improvement Rent Increases.
(a) In a review of a rent increase for a capital improvement not subject to the streamlined
procedure provided in Section 32.16, and in addition to the information described in
Section 32.28(a), the Hearing Board shall consider:
1. The description of the improvement;
2. Contract documents or bid documents showing the cost or estimated cost of the project.
3. The amortization period to be used;
4. The interest rate to be obtained;
5. The formula used to calculate the pro-rata share of each resident;
6. The monthly cost to each resident in dollars.
Sec. 32.31. Decision of the Board.
(a) The board shall make a final decision no later than twenty days after the conclusion of
its hearing. The board's decision shall be based on the preponderance of the evidence
submitted at the hearing. The decision shall be based on findings. All parties to the hearing
Ordinance Adding to Chapter 32 to the Lake County Code
Establishing a Mobile Home Rent Stabilization Prograin
241
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
shall be advised by mail of the board's decision and findings.
(b) Pursuant to its findings, the board may:
1. Permit the requested rent increase to become effective, in whole or in part, or
2. Deny the requested rent increase, or
3. Permit or deny, in whole or in part, requested reductions of or charges for, facilities or
services.
(c) Any decision of the board shall be final unless, within fifteen days after mailing of the
decision, an appeal is filed with the Board of Supervisors pursuant to the terms and
conditions provided in Section 32.32.
Sec. 32.32. Appeal.
(a) Any appeal from a decision of the Mobile Home Hearing Board shall be filed with the
Clerk of the Board of Supervisors. The date for consideration of the appeal shall be set by
the clerk no less than ten days nor more than thirty days after the expiration date for filing
of an appeal. Notice of the date, time and place shall be given by the clerk to the
petitioners by and through their designated representative, and the mobile home park
owner.
(b) At the time set for consideration of the appeal, the Board of Supervisors shall review
and consider the record of board hearing and the decision and findings of the Mobile
Home Hearing Board. After review and consideration, the Board of Supervisors may
either:
1. Determine that a further hearing shall be held, to be conducted before the Board of
Supervisors at the second regular meeting of the Board of Supervisors following the
Ordinance Adding to Chapter 32 to the Lake County Code
Establishing a Mobile Home Rent Stabilization Program
251
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
determination that such further hearing is necessary; or
2. Ratify and adopt the decision and findings of the Mobile Home Hearing Board.
(c) If a further hearing is conducted, the Board of Supervisors may, upon conclusion of the
hearing, and in no event more than forty-five days thereafter, modify, reverse or uphold the
decision of the board, and shall make the findings in support thereof.
(d) Notice of Decision. The Clerk of the Board of Supervisors shall mail copies of the
decision to the petitioners, by and through their designated representative, and the mobile
home park owner no later than ten (10) days after the approval of the decision by the
Board of Supervisors.
ARTICLE VII. OBLIGATIONS OF THE MOBILE HOME PA OWNER TO
PROVIDE INFORMATION
Sec 32.33. Information to be Supplied by the Mobile Dome Park Owner to Residents
and Prospective Residents.
(a) Posting of Ordinance. A copy of the ordinance codified in this chapter shall be posted
in the office of every mobile home park and in the recreation building or clubhouse of
every mobile home park located in the County.
(b) A copy of this ordinance shall be provided to every resident and to prospective
residents of a mobile home park in the County before the resident or prospective resident
agrees to any rental agreement or lease.
Sec. 32.34. Information to be Provided by the Park Owner to Prospective Park
Purchasers.
A copy of this Ordinance shall be shown to every prospective purchaser of a mobile home
park in the unincorporated areas of the County before the prospective purchaser enters
into an agreement to purchase the park.
Ordinance Adding to Chapter 32 to the Lake County Code
Establishing a Mobile Home Rent Stabilization Program
26
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Sec 32.35. Annual Registration and Other Notices Required from Owner.
(a) Due .Date. Every mobile home park owner shall file an annual registration statement on
a form provided by the Mobile Home Rent Stabilization Administrator no later than
February 1 st of each year.
(b) Contents of Registration Form. The initial registration shall include the name(s),
business address(es), and business telephone number(s) of each person or legal entity
possessing an ownership interest in the park and the nature of such interest; the number of
mobile home spaces within the park; a rent schedule reflecting space rents within the park;
a listing of all other charges, including utilities not included in space rent, paid by mobile
home owners within the park and the approximate amount of each such charge; the name
and address to which all required notices and correspondence may be sent, and other
information required by the Mobile Home Rent Stabilization Administrator.
(c) Certification of Registration Forms. All registration forms and any documentation
accompanying any registration forms shall contain an affidavit or declaration, signed by
the park owner or a designated agent, with his/her signature notarized, certifying that the
information contained therein is true, correct, and complete.
(d) Notice of Sale of a Park. Upon the sale or transfer of a mobile home park, the seller or
transferor shall notify the Mobile Home Rent Stabilization Administrator of the sale or
transfer and of the name and address of the buyer or transferee. Within ten (10) days
following the sale or transfer of a mobile home park, the buyer or transferee shall register
with the Mobile Home Rent Stabilization Administrator by providing the information
required by this subsection.
Ordinance Adding to Chapter 32 to the Lake County Code
Establishing a Mobile Home Rent Stabilization Program
27
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ARTICLE VIII. FEES AND PENALTIES.
See. 32.36. Administrative Fees.
(a) Administrative fees imposed for the purpose of reimbursement to the County's general
fund the costs of providing and administering the administrative hearing process and other
services established by this chapter may be adopted pursuant to Board resolution.
(b) The Mobile Home Rent Stabilization Administrator shall provide the Board of
Supervisors with a recommendation regarding the amount of the fee that is necessary to
recover the costs of administering this chapter as part of the County's annual budget
process. The amount of the fee shall be set forth in the schedule of fees adopted by
resolution of the County of Lake. The fee shall not exceed the amount found by the Board
of Supervisors to be necessary to recover the costs of administering this chapter, and the
Board's finding in this regard shall be final.
(c) The mobile home park owner shall pay any applicable fee to the County for all of the
owner's rental spaces which are subject to this chapter on or before January 31 st of each
year.
(d) The mobile home park owner may pass the amount of the administrative fee to the
resident of each space which is subject to the fee as provided in Section 32.15 herein.
(e) Any mobile home park owner who fails or refuses to pay any fee required under this
chapter for a period of thirty (30) days from and after the date such fee is due shall, in
addition to the fee, pay a penalty of twenty (20) percent of the amount of the unpaid fee.
The penalty shall be increased to fifty (50) percent if the fee is not paid within ninety (90)
days after the due date. A park owner must be provided with a thirty (30) day notice prior
Ordinance Adding to Chapter 32 to the Lake County Code
Establishing a Mobile Home Rent Stabilization Program
281
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
to becoming subject the penalties set forth in this subsection. The notice shall be delivered
by certified U.S. mail, postage prepaid and return receipt requested; U.S. mail delivery
confirmation; U.S. mail signature confirmation; or such other delivery method that is
reasonably calculated to provide actual notice to the park owner.
Sec. 32.37. Penalties and Remedies. In addition to those penalties and remedies set forth
elsewhere in this chapter, the following remedies shall apply:
Any mobile home park owner who demands, accepts, receives or retains any money as
rent from a mobile home park resident to which the owner is not entitled under the
provisions of this chapter shall be liable to the resident for any actual damages, attorney's
fees and costs incurred by the resident as a consequence thereof plus a penalty in the sum
of three (3) times the amount of money the owner accepted, received or retained in
violation of the provisions of this article or five hundred dollars ($500.00), whichever is
greater.
Sec 32 38 Rights of Affected Residents Reserved. This chapter shall not be construed
to limit or curtail any other action or proceeding which may be pursued by an affected
mobile home park resident against an owner before any court or other body having
jurisdiction thereof.
Sec 32.39. Authority of the Board of Supervisors to Bring Civil Action to Compel
Compliance.
In addition to any other remedy available by law, the Board of Supervisors may institute a
civil action to compel compliance with this chapter."
SECTION TWO: The Board of Supervisors shall review the effectiveness of this chapter in
addressing the problems giving rise to its enactment at least one (1) year from its enactment.
Ordinance Adding to Chapter 32 to the Lake County Code
Establishing a Mobile Home Rent Stabilization Program
29
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
Notice of the time and place of the board of supervisors' review shall be published at least ten
(10) days prior to said date in a newspaper of general circulation in the County of Lake.
SECTION THREE: If any provision or clause of this chapter or application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other provisions or
applications of this chapter which can be given effect without the invalid provision or application,
and to this end the provisions of this chapter are declared to be severable and are intended to have
independent validity. The Board of Supervisors declares that it would have passed the Mobile
Home Rent Stabilization Program codified in this chapter and each section, subsection, clause, or
phrase hereof, irrespective of the fact that any one (1) or more of the sections, subsections,
sentences, clauses, or phrases hereof be declared invalid or unconstitutional.
SECTION FOUR: All ordinances or parts of ordinances in conflict herewith are hereby
repealed to the extent of such conflict and no further.
SECTION FIVE: This Ordinance shall take effect on the of , 2009,
and within fifteen (15) days after adoption of the ordinance, the Clerk to the Board of
Supervisors shall publish a summary of the Ordinance with the names of those supervisors
voting for and against the ordinance and the Clerk shall post in the office of the Clerk to the
Board of Supervisors a certified copy of the full text of the adopted ordinance along with the
21
22
23
24
25
26
27
28
names of those supervisors voting for and against the Ordinance.
Ordinance Adding to Chapter 32 to the Lake County Code
Establishing a Mobile Home Rent Stabilization Program
301
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
The Foregoing Ordinance was introduced before the Board of Supervisors on the
day of , 2009, and passed by the following vote on the day of
2009.
AYES:
NOES:
ABSENT OR NOT VOTING:
COUNTY OF LAKE
Chair Board of Supervisors
ATTEST: KELLY F. COX
Clerk of the Board of Supervisors
APPROVED AS TO FORM:
ANITA L. GRANT
By:
Deputy
By:
Ordinance Adding to Chapter 32 to the Lake County Code
Establishing a Mobile Home Rent Stabilization Program
31
Headquarters: 131 B Stony Circle, Suite # 1700
Santa Rosa, CA 95401
(707) 542-1579 • Fax: (707) 542-1008
April 1, 2009
The Honorable Phil Baldwin, Mayor
Ukiah City Council
300 Seminary Avenue
Ukiah, CA 95482
Dear Mayor Baldwin and members of the City Council:
Service Center: 2407 California Blvd., Suite #1
Napa, CA 94558
(707)255-1040•Fax: (707) 252-5330
The North Bay Association of REALTORSO, NorBAR, is a 3000+ REALTORO trade organization that serves
Mendocino, Sonoma, Napa and Lake Counties. The purpose of this letter is to provide written comments from
NorBAR, on the consideration of adopting a Mobile Home Rent Stabilization Ordinance and to bring to your
attention the concerns of the North Bay Association of REALTORS', Mendocino Chapter.
We appreciate the concerns of the Ukiah City Council, as they relate to maintaining affordable housing, but we
firmly oppose a Mobile Home Rent Stabilization Ordinance. In speaking with the County of Lake, we have
found that there was not enough support from the Board of Supervisors to proceed with a Rent Stabilization
Ordinance. Per County Staff, the Board is encouraged by the overwhelmingly positive response from park
owners and tenants whom are, or whom are intending to actively participate in a voluntary lease agreement.
They do not have, nor are considering at this time, any mandatory form of Rent Stabilization or an Ordinance.
Several years back, this issue came before the County and City of Napa. Both were successful in creating a
MOU, which has served the needs of both the park owners and mobile home owners. We are happy to
provide you with a copy of the MOU.
We appreciate the opportunity to provide comment and we urge the Ukiah City Council to meet with NorBAR
and other stakeholders regarding this issue.
Sincerely,
KEN MARSHALL
President
Mendocino Chapter
North Bay Association of REALTORSO
www.noi-barrealtor.com
MEMBER:
V-f
1-1
REALTOR'
NATIONAL ASSOCIATION OF
REALTORS@
CALIFORNIA ASSOCIATION OF
REALTORS@
EQUAL HOUSING OPPORTUNITY
ty z r ~ ~ z r/~xc~F
ITEM NO.:
MEETING DATE:
AGENDA SUMMARY REPORT
11a
April 1, 2009
SUBJECT: AUTHORIZE THE CITY MANAGER TO EXECUTE A CONSULTANT SERVICES
AGREEMENT WITH TABER CONSULTANTS FOR OVERSIGHT OF DRILLING,
TESTING AND CONSTRUCTION OF THE GOBBI STREET WATER WELL PROJECT
FOR A NOT TO EXCEED AMOUNT OF $55,000 AND AUTHORIZE A BUDGET
TRANSFER
Background: The City issued a Request for Proposal to provide geotechnical engineering and geological
services during construction of the Gobbi Street Well Project. The construction contract for The Gobbi
Street Well Project was awarded to Zim Industries at the previous City Council meeting on March 18,
2009.
Discussion: The engineering services needed for the Gobbi Street Well Project are:
1. Periodic inspections during the well drilling and testing phase to supplement the City's
Visits, approximately 14 - 15 site visits during the drilling and testing process to check water
levels, logging data and other issues encountered during the drilling and testing process. The
number of site visits will be reduced accordingly should the drilling and testing take less time than
anticipated;
2. Analysis of the geologic and geophysical logging conducted during the well drilling;
(Continued on Page 2)
Fiscal Impact:
Budgeted FY 08/09 New Appropriation 17
®
Amount Budgeted Source of Funds (title and
$ 37,000 Special Proj. Rsrv. Fund
$ 18,000 Water Prod. Mach. & Equip
Not Applicable ❑ Budget Amendment Required
Account Number Addit. Appropriation Requested
699.260.038 $0
820.3908.800.000 $0
Recommended Action(s): Approved for City Manager to execute a Consultant Services Agreement
with Taber Consultants for a not to exceed amount of $55,000 for oversight of drilling, testing and
construction of the Gobbi Street Water Well Project and authorize a budget transfer from account
699.260.038 for $37,000 to account 820.3908.250.001
Alternative Council Option(s): n/a
Citizens advised: n/a
Requested by: Tim Eriksen, Director of Public Works/City Engineer
Prepared by: Ann Burck, Deputy Director of Public Works - Water and Sewer Division
Coordinated with: Jane Chambers, City Manager
Attachments: Request for Proposal
Approved: `
J~ Chambers, City Manager
3. Analysis of water quality data derived during the well drilling and testing, and comparison to
California Department of Health Services drinking water standards using AquaChem software
from Schlumberger Water Services;
4. Analysis of pumping test data using AquiferTest Pro software from Schlumberger Water Services
to determine hydraulic conductivity, optimal pumping rates and expected cone of depression for
the proposed temporary well;
5. Preparation of a final well design to include, but not limited to, sanitary seal depth, screen
intervals, initial pump depth, pump sizing based on optimal pumping rates, etc.;
6. A final report will be prepared documenting all of the above tasks and will also include
preparation of the California Department of Water Resources drill log and the California
Department of Health Services SWAP form;
7. Simultaneously with the above tasks, the Engineering Consultant will begin discussions with the
City, permitting agencies (including California Department of Health Services and Mendocino
County), along with potential contractors, to develop a plan, schedule and budget for the
temporary well equipping and connection to the City of Ukiah water system in early summer.
Proposals were received from three companies, Winzler & Kelly, Brown and Caldwell, and Taber
Consultants. The proposals were evaluated based on an understanding of the scope of work, relevant
project experience, staff experience and qualifications and cost. According to the California Public
Contracts Code, professional service proposals cannot be based on cost. The proposal estimates
ranged from $45,000 to $55,000.
Staff is recommending the City Manager be authorized to execute a Consultant Services Agreement with
Taber Consultants for a not to exceed amount of $55,000 to provide geotechnical engineering and
geological services during the well drilling and testing for the Gobbi Street Well Project. Funds for these
services have not been budgeted, but are available in the Special Projects Reserve Fund in account
number 699.260.038. Funds in this account are reserved for an Asset Management System and $37,000
were contributed from the Water Fund. Staff is requesting authorization for a budget transfer from this
account in the amount of $37,000 to account number 820.3908.250.001 (Water Production Contractual
Services).
ATTAC
CITY OF UKIAH
REQUEST FOR PROPOSALS
GEOTECHNICAL ENGINEERING SERVICES
1. INTRODUCTION
The City of Ukiah (City) is soliciting proposals to provi
services for the Gobbi Street Water Well. The production
City of Ukiah near the corner of Gobbi Street and Orchard
The location is shown in the figures that are located at the
specifications.
2. PROJECT DESCRIPTION
de geotechnical engineering
well will be completed in the
Street in Mendocino County.
end of the written technical
The objective of the work to construct a public potable water supply well that will yield at
least 1,500 gallons per minute (gpm). In achieving this objective, the water supply well
will be completed in water-bearing formations to a target depth of approximately 300 feet.
The work will be accomplished utilizing reverse circulation drilling equipment.
The work includes:
a) The drilling of an 18-inch diameter test hole to a depth of 300 feet, conducting
geophysical logging activities, and obtaining water samples from aquifers selected
by the City's Representative.
b) Reaming of the test hole to 30-inches in diameter to the depth prescribed by the
City's Representative, conducting a caliper log, setting blank casing and louvered
well casing, gravel packing, installing the cement seal, initial well development by
airlift swabbing, installing an inner-casing, further development by pumping with a
deep well turbine pump, and establishing well characteristics through test pumping
activities.
c) The final well bore shall be 30-inches in diameter in order to accept 16-inch
diameter casing, a 4-inch gravel feed tube, a 4-inch sounding pipe, and to provide
an annular space of appropriate thickness to receive filter and grout seal media.
d) The work also includes filing of state and local drilling reports; provisions for above
ground drilling fluid pits; conveyance of water to the drill site; disposal of water,
cuttings, and drilling fluid; safety and protective measures; and other work
incidental to the project.
City of Ukiah -1- 03/27/09
Request for Proposal
The Engineer's preliminary construction cost estimate for drilling and testing is $150,000.
3. IMPLEMENTATION SCHEDULE
The project schedule is as follows:
Approve Drill Specifications
Issue RFB for Drilling
Drilling Operation Bid Opening
Award Drilling Bid
Drilling Operation & Testing
Well Design
Approve Well Design Plans & Specs
Issue RFB for Well Construction
Well Construction Bid Opening
Award Well Construction Bid
Well Construction
3/4/09
3/5/09 - 3/18/09
3/18/09
3/18/09
3/19/09 - 4/28/09
3/19/09 - 5/19/09
5/20/09
5/21/09 - 6/3/09
6/4/09
6/5/09
6/8/09 - 7/3/09
4. SCOPE OF GEOTECHNICAL ENGINEERING SERVICES
The Consultant will perform geotechnical engineering services during the well drilling and
testing. These services will include: periodic inspections (augmenting City site visits);
analysis of the logging, water quality, and pumping test data; final well design, and a final
report. The Consultant will also simultaneously begin discussions with the City,
permitting agencies (including DPH and the County), and potential contractors to develop
a plan, schedule and budget for the temporary well equipping and connection to City
water system early this summer.
The City will perform a portion of the well construction work itself (such as procuring the
pump, connecting to the City's water system and electrical power). In preparation for well
construction, the Consultant will need to visit the site and meet with City Staff to
determine which activities will be performed by the City and by the Contractor. The
Consultant will develop a written plan, construction cost estimate, and Microsoft Project
schedule for the Gobbi Street Well temporary pump design and construction, temporary
equipping, and connection.
City of Ukiah -2- 03/27/09
Request for Proposal
11 b.
April 1, 2009
SUBJECT: RESOLUTIONS CONCERNING TEMPORARY 5% REDUCTION IN
EMPLOYEE PAY FOR APRIL - JUNE 2009: MANAGEMENT,
MISCELLANEOUS, FIRE & FIRE MANAGEMENT BARGAINING UNITS
Background:
On March 4, 2009 the City Council adopted resolutions from the Police and Department Head Units,
as well as the Public Safety Chief and the City Manager authorizing a temporary 5% reduction in pay
for the final quarter of FY 2008/09, due to the current budget crisis. The remaining bargaining units
have subsequently met with their members and come back with agreement to the City's request for
the temporary 5% reduction in pay, with either a reduction to base pay or unpaid time off (furlough)
over the next three months equivalent to the 5% reduction.
Discussion:
Council may consider the enclosed Addenda to the Memoranda of Understanding between the City of
Ukiah and the Management, Miscellaneous, Fire and Fire Management Units in Closed Session.
Continued on Page 2
Recommended Action(s): Adopt Resolution concerning 5% temporary reduction of employee pay for
April June 2009 by Management, Miscellaneous, Fire and Fire Management employee bargaining
units.
Alternative Council Option(s):
Citizens advised:
n/a
Requested by:
Jane Chambers, City Manager
Prepared by:
Jane Chambers, City Manager
Coordinated with:
Melody Harris, HR Director
Attachments:
Resolution Adopting Addenda to Memoranda of Understanding
pp
Jane Chambers, City Manager
ATTACHMENT
RESOLUTION NO. 2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH
ADOPTING THE ADDENDA TO THE MEMORANDA OF UNDERSTANDING
BETWEEN THE CITY OF UKIAH AND THE MANAGEMENT, MISCELLANEOUS,
FIRE AND FIRE MANAGEMENT UNITS
WHEREAS, the Employee/Employer Relations Officer has met and conferred in good faith
with representatives of the Management, Miscellaneous, Fire and Fire Management Units; and
WHEREAS, each of these units in good faith considered the City's request for a 5% base
pay reduction to occur in the final quarter of the 2008/2009 fiscal year, encompassing the first full
pay period beginning in April and ending the last pay period that begins in June, 2009; and
WHEREAS, an Addendum has been reviewed and approved by each of these Units; and
WHEREAS, said Addenda have been presented to the City Council for its consideration.
NOW, THEREFORE, BE IT RESOLVED that the Addenda for the Management,
Miscellaneous, Fire and Fire Management Units are hereby adopted and the City Manager is
authorized to enter into the Addenda to the current Memoranda of Understanding.
PASSED AND ADOPTED this 1st day of April, 2009, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Philip E. Baldwin, Mayor
Linda C. Brown, City Clerk
IMOWRES.ADD