HomeMy WebLinkAbout2010-10-06 PacketCITY OF UKIAH
CITY COUNCIL AGENDA
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
October 6, 2010
6:00 p.m.
1. ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a. Wastewater Treatment Plant Employees Acknowledgement
4. PETITIONS AND COMMUNICATIONS
a. Storm Drain Art by Dennis Slota
5. APPROVAL OF MINUTES
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. Report to Council of the Change in Vendors From General Pacific, Inc. to the
Okonite Company for the Purchase of 4500 Feet of #2 STR Aluminum Conductor
in the Amount of $9,219.83 for Inventory Stock for the Electric Utility Department
(EUD)
b. Report of Disposition of Surplus Materials, Used Equipment, and Supplies
C. Report to City Council Regarding the Purchase of Pulsar Plus Chlorine Briquettes
From Lincoln Equipment Co, Inc. for the Ukiah Municipal Swimming Pools in the
Amount of $5,002.50
d. Approve Amended Technical Service Support Agreement with Physio-Control
e. Award Professional Services Contract to Ann Baker Landscape Architecture in
an Amount Not to Exceed $17,300 for Consulting Services Related to the
Completion of Observatory Park Funded by the Land and Water Conservation
Fund
f. Report of Acquisition of Professional Consulting Services for Solid Waste Rates
and Transfer Station Fee Adjustment and Approve Associated Budget
Amendment
g. Update Report on Local Emergency Declaration Regarding Drought and Water
Shortage Status
h. Update Report Regarding Status of Water Emergency Conditions Necessitating
Emergency Resolution to Expedite Construction of Oak Manor Drive Water Well
i. Confirm Continuance of City Council Ad Hoc Committee Members Crane and
Baldwin for Discussions with Ukiah Valley Sanitation District (UVSD)
Adoption of Resolution Approving Contract to Share Proceeds of County
Imposed Transaction and Use Tax and Authorizing City Manager to Sign
Agreement
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. Discussion and Possible Introduction of Mobile Home Rent Stabilization
Ordinance
b. Discussion and Possible Direction of the Function and Future of the Orr Creek
Bridge
C. Consideration of Approval of a Resolution Encouraging the Marine Life Protection
Act Initiative Blue Ribbon Task Force and California Fish and Game Commission
to Support and Adopt the Regional Stakeholder Group Marine Protected Area
(MPA) Array Proposal (Unified MPA Array); and Possible Appointments of Two
Agency Representatives
11. NEW BUSINESS
a. Consideration and Possible Introduction of An Ordinance of the City Council of
the City of Ukiah Amending Section 1965 and Adding Section 2000.3 to Chapter
12 (Parks and Recreation Facilities) of Division 1 (Government) of the Ukiah City
Code
12. COUNCIL REPORTS
13. CITY MANAGER/CITY CLERK REPORTS
14. CLOSED SESSION - Closed Session may be held at any time during the meeting
a. Conference with Legal Counsel - Anticipated Litigation
Government Code Section 54956.9(b)(1) - Significant exposure to litigation (1
case)
b. Conference with Real Property Negotiators (§54956.8)
Property: APN 180-080-57, 58, 59, 62, 63, 64, 65, 66, 67, and 180-110-08, 09,
10
Negotiator: Jane Chambers, City Manager
Negotiating Parties: Ukiah Redevelopment Agency and Northwest Atlantic
(Costco)
Under Negotiation: Price & Terms
C. Conference with Labor Negotiator 54957.6)
Agency Representative: Jane Chambers, City Manager
Employee Organizations: Miscellaneous Unit and Management Unit
d. Conference with Real Property Negotiators (§54956.8)
Property: APN 002-232-12, 13 and 002-282-18 and 19 APN 002-232-09, 10, 11
Negotiator: Jane Chambers, Executive Director
Negotiating Parties: Ukiah Redevelopment Agency, City of Ukiah, North Coast
Railroad Authority, Weston Solutions Inc, and Administrative Office of the Courts
Under Negotiation: Price and Terms
e. Conference with Real Property Negotiators (§54956.8)
Property: APN 002-192-01, 02, 03, 11, 14 and 18
Negotiator: Jane Chambers, Executive Director
Negotiating Parties: Ukiah Redevelopment Agency, City of Ukiah, and
Administrative Office of the Courts
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, 8:00 am to 5:00 pm.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing
agenda was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at
300 Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting set forth on this
agenda.
Dated this 1st day of October 2010.
JoAnne Currie, City Clerk
ITEM NO.: 7a
MEETING DATE:
AGENDA SUMMARY REPORT
October 6, 2010
SUBJECT: REPORT TO COUNCIL OF THE CHANGE IN VENDORS FROM GENERAL PACIFIC,
INC. TO THE OKONITE COMPANY FOR THE PURCHASE OF 4500 FEET OF #2 STIR
ALUMINUM CONDUCTOR IN THE AMOUNT OF $9,219.83 FOR INVENTORY STOCK
FOR THE ELECTRIC UTILITY DEPARTMENT. (EUD)
Pursuant to the requirements of Section 1522 of the Municipal Code, this report is being submitted to the
City Council of the change in vendors from General Pacific, Inc. to The Okonite Company for the
purchase of 4500 feet of #2 stranded aluminum conductor in the amount of $9219.83.
Bids were sent out on August 12, 2010 to twenty five vendors. Three responded with bids and a fourth
with a No Bid and the results are as follows:
General Pacific, Inc.
The Okonite Company
Champion Wire & Cable
$ 8,716.61
$ 9,131.74
$10,869.02
General Pacific, Inc. was originally awarded the bid with a total price of $8,716.61 including tax. General
Pacific's stock was depleted before our order was placed and their lead time for replacement stock was
thirteen (13) weeks out which, would leave the City of Ukiah's Electric Utility Department without back-up
stock. The decision was made to order from the second low bidder, The Okonite Company in the
amount of $9,219.83 which includes escalation charges from the original bid. The Okonite Company can
have the cable delivered within two to three weeks from the time of the order.
Since this is a purchase for stock, the cable was purchased from 800.131.002, and will be charged to the
Electric Utility, Underground Maintenance Account, 800.3729.690.000 when it is used.
Fiscal Impact:
Budget Amendment Required
❑ Budgeted FY 09/10 1-1 New Appropriation Fx_1 Not Applicable
F
Amount Budgeted Source of Funds (title and Account Number
Recommended Action(s): NO ACTION NEEDED - REPORT TO COUNCIL ONLY
Alternative Council Option(s): None Needed
Citizens advised: N/A
Requested by: Colin Murphey, Electric Utility Supervisor, Mel Grandi, Electric Utility Director
Prepared by: Mary Williamson, Purchasing Assistant
Coordinated with: Mary Horger, Purchasing Supervisor,
Attachments: N/A
J
Approved:
Ja Chambers, City Manager
City of Ukiah
ITEM NO.: 7b
MEETING DATE:
AGENDA SUMMARY REPORT
October 6, 2010
SUBJECT: REPORT OF DISPOSITION OF SURPLUS MATERIALS, USED EQUIPMENT AND
SUPPLIES
Background: Per City of Ukiah Procedures for Sale of Surplus or Obsolete Materials, Used Equipment
and Supplies dated September 19, 1996 (Attachment 1), this report documents the sale of equipment
determined to be obsolete and no longer used. Sale of the equipment is also in accordance to City Code
Section 1533 (Attachment 2).
Discussion: On May 20, 2010, three pieces of equipment were entered into an auction through Ritchie
Bros. Auctioneers Inc. out of Dunnigan, California. The items that were sold were the following: a 1974
Ford 8000 Utility Truck, a 1984 American LaFrance Ladder Truck, and a 1993 Ford F7000 Vacuum
Sweeper truck
This equipment, due to the Air Resources Board restrictions, could not be re-registered in the State of
California. Ritchie Bros., having a combination of on-site and on-line capabilities, as well as reaching a
world-wide market, made them a good candidate to sell the equipment through.
The net amount received as a result of this sale was $7,847.50.
Fiscal Impact:
Budgeted FY 08/09 ❑ New Appropriation Not Applicable Budget Amendment Required
H
Amount Budgeted Source of Funds (title and Account Number Addit. Appropriation Requested
Recommended Action(s): Receive and file report regarding the disposition of surplus materials, used
equipment and supplies.
Alternative Council Option(s): N/A
Citizens advised: N/A
Requested by: Gordon Elton, Director of Finance
Prepared by: Mary Horger, Purchasing Supervisor
Coordinated with: Jane Chambers, City Manager
Attachments: 1. Procedures for Sales of Surplus or Obsolete Materials, Used Equipment and
Supplies Statement; 2. City Code Section 1533
Approved: ~ - ~W~
Jars Chambers, City Manager
Attachment # 1
PROCEDURES FOR SALES OF SURPLUS OR OBSOLETE
MATERIALS, USED EQUIPMENT, AND SUPPLIES
9/18/96
In order to process materials or equipment found to be surplus or obsolete within each City
Department, the following procedure is established:
1. On a "quarterly basis (July 1, October 1, January 1, April 1), each City Department Head
completes and submits a prescribed farm listing all materials and equipment found to be
surplus or obsolete to the Director of Finance for approval. Copies of the completed form are
distributed to the City Manager and Purchasing/Warehouse Supervisor.
2. Those items listed as surplus will continue to be housed within the Department requesting
disposition until a sale is completed or date of auction.
3. Copies of the items listed as surplus are distributed by the Director of Finance to all
Department Heads for possible recycling.
4. Purchasing Officer shall have the authority to dispose`of surplus and file 'a report with the
City Council setting forth a description of sale by the close of the agenda for the next
regularly scheduled meeting.
5. The Purchasing Department will follow City Code. Section 1533, Procedures for Sale of the
Surplus Items.
a. Purchasing Department will solicit bids on surplus wire and scrap iron from local and
outside dealers of these commodities.
b. Purchasing Department will coordinate public auctions with the County of Mendocino,
joining with them for safe of surplus items. The auctioneer will publicize the date of
auction and items available for sale.
C, Purchasing Department will coordinate the moving of surplus items to the auction site
during the week immediately preceding the auction.
d. Following the auction, the auctioneer will provide a list of items sold, the selling prices,
and the funds received to the Purchasing Department.
e. Specialty items as approved by the Purchasing Officer or extremely large items which
cannot be moved to the auction, site, will be advertised for sale in the local newspaper
or through direct contact with governmental agencies or purchasers appropriate to the
specialty surplus items by the Purchasing Department. The Purchasing Officer shall
have the authority to solicit on the open market.
f. During those times of the year that items are declared as surplus that do notcoincide
with the annual public auction conducted by the County, items for sale will be
advertised by the Purchasing Department and closed bids will be accepted by the City
Clerk. Bids will be opened at a designated time and the high bidder will be notified by
the Purchasing Department. In the event of the high bid ending in a tie for any item, all
bids will be rejected and the bid process will be repeated; with the tie bid as the new
minimum bid.
6. If after completing steps 1-5 above, any item is not sold or recycled, and it is not reasonable
to assume that the item can be sold or recycled, the purchasing agent is authorized to dispose
of such item by any safe and lawful method.
CWY DocumcntsMI'DOCSTPOCEDURES FOR SALES OF SURPU I.COR OSSOI .FTF.96,in,
i '
§1530
E)
§1534
ion above.
2; Emergency Procedure: The Purchasing Officer shall prescribe by rules and
regulations the procedure under which emergency purchases by heads of
departments may be made. (Ord. 667, §2, adopted 1975)
AtfachmentA Z.
1. Recorded Explanation: The head of such department shall send to the'
Purchasing Officer a requisition and a copy of the delivery record together with
a full written report of the circumstances of the emergency. The report shall be
filed with the Council as provided in sobsect' Ai
§1531: COOPERATIVE PURCHASING: The :Purchasing Officer shall have the
authority to join wlth ether units of government In cooperative purchasing
plans when the best interests 'of the. Cfty„would be setved thereby. (Ord.
667, §2, adopted 1975)
§ 1532: INSPECTION AND TESTING: The Purchasing Officer shall inspect supplies
and equipment delivered to determine their conformance with the
specifications set forth in the order. The Purchasing Offlcer shall have authority to
require chemical and physical tests of samples submitted with bids and samples of
deliveries which are necessary to determine their quality and conformance with
specifications. (Ord. 667, §2,. adopted 1975)
§1533: SURPLUS SUPPLIES -AND EQUIPMENT: All departments shall submit to
the Purchasing Officer, at such times and in such forms as he shall
prescribe, reports showing all supplies and equipment which are' no, . longer used or
which have become obsolete or worn out. The Purchasing Officer shall have authority:
to exchange for or trade in on new supplies and equipment all supplies and equipment
which cannot be used by any agency or which have -become - unsuitable' for City use.
The Purchasing Officer shall have the authority to dispose of surplus property by.
solicitation of bids or by public auction. (Ord. 667, §2, adopted 1975)
§1534: SEVERABILITY If any section, subsection, 'subdivision, sentence, clause
or phrase of this ordinance is for any reason held to be unconstitutional or
otherwise invalid, such Invalidity. shall not affect the. validity of the entire ordinance or
any of the remaining portions thereof. The City Council hereby declares that it would
have passed this ordinance, and each section, subsection, subdivision, sentence,
clause and phrase hereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses or phrases be-declared unconstitutional
or otherwise invalid. (Ord. 667, §2, adopted 1975)
1064
ITEM NO.: 7c
MEETING DATE: October 6, 2010
city mil`.Zjkjah
AGENDA SUMMARY REPORT
SUBJECT: REPORT TO CITY COUNCIL REGARDING THE PURCHASE OF PULSAR
PLUS CHLORINE BRIQUETTES FROM LINCOLN EQUIPMENT CO, INC FOR
THE UKIAH MUNICIPAL SWIMMING POOLS IN THE AMOUNT OF $5,002.50.
Summary: Summary: Pursuant to the requirements of Section 1522 of the Municipal Code, Staff is filing
with the City Council this report regarding the annual purchase of chlorine briquettes for the Ukiah
Municipal Swimming Pools. The only qualified bidder who stocks these specialty pool products is Lincoln
Equipment Co, Inc. This item is budgeted in account #100.6130.690.001.
Discussion:
Fiscal Impact:
Not Applicable Budget Amendment Required
x I Budgeted FY 10/11 F-1 New Appropriation
F-1 F
Amount Budgeted Source of Funds (title and Account Number Addtl. Appropriation Requested
$5,002.50 CS Dept, Aquatics, Supplies 100.6130.690.001 N/A
Recommended Action(s): Receive report regarding the purchase of Pulsar Plus Chlorine Briquettes
from Lincoln Equipment Co, Inc. for the Ukiah Municipal Swimming Pools in the amount of $5,002.50.
Alternative Council Option(s): N/A
Citizens advised:
Requested by:
Prepared by: Katie Merz, Community Services Supervisor
Coordinated with: Mary Horger, Purchasing Supervisor
Attachments:
Approved: V Chambers, City Manager
City o,J`7.lklah.
ITEM NO.: 7d
MEETING DATE: October 6, 2010
AGENDA SUMMARY REPORT
SUBJECT: APPROVE AMENDED TECHNICAL SERVICE SUPPORT AGREEMENT WITH
PHYSIO-CONTROL
Background: The Ukiah Fire Department owns 5 LifePak 12 cardiac monitors, manufactured by Medtronic
Physio-Control, 2 of which are capable of advanced life support procedures. The maintenance and software
upkeep of these monitors is essential to provide life saving services.
Discussion: On 7/01/2007 a technical service support agreement went into effect for 5 years on all of the
monitors. This agreement was for inspection only services, which are required annually. The contract was
originally put into place when the monitors were new, and had 3 year warranties.
Two of the Department's cardiac monitors are capable of advanced life support procedures. These 2
monitors are more expensive to repair and have more features to repair on them. The original warranty for
these 2 monitors has now expired and the monitors recently had expensive repairs that would have been
covered if an additional maintenance and repair contract was in place.
To offset the cost of future repairs, and increase the useful life of the monitors, staff is requesting to
increase the Technical Service Support Agreement to cover repairs, maintenance, and battery
replacements of these two advanced monitors.
The original cost of the 5 year contract was $7,800.00 to be paid in annual installments of $1,560.00. The
amended contract reflects a $3,316.00 increase for a total of $11,116.00 paid over the 5 year period of the
contract.
For FY 2010-11, $1,560 was budgeted in account 105.2101.302.004 for the. maintenance of the cardiac
monitors. Additional funds for FY 2010-11 in the amount of $1,658 will be transferred from
105.2101.690.000 (EMS Operational Supplies) to cover the additional costs of the amended contract.
Recommendations:
Approve the Addendum to the existing Technical Service Support Agreement with Physio-Control to
increase the contract by $3,316.00, to a total of $11,116.00 over the 5 year period of 2007 - 2012.
Fiscal Impact:
Not Applicable Budget Amendment Required
❑X Budgeted FY 10/11 1-1 New Appropriation
F1 F
Amount Budgeted Source of Funds (title and Account Number Addtl. Appropriation Requested
$1,560.00 Maintenance Contract Cardiac Monitors 105.2101.302.004 None
$1,658.00 EMS Operational Supplies 105.2101.690.000 None
Recommended Action(s): Approve the Addendum to the contract to increase the contract by
$3,316.00, to a total of $11,116.00 over the 5 year period of 2007 - 2012.
Alternative Council Option(s): Provide Staff with alternative direction
Citizens advised:
Requested by: Kirk Thomsen, Fire/EMS Division Chief
Prepared by: Kirk Thomsen, Fire/EMS Division Chief
Coordinated with: Jane Chambers, City Manager and Chris Dewey, Director of Public Safety
Attachments:
Approved:
J Chambers, City Manager
C ;t.J 0-7' Zikfa..Fx.
ITEM NO.: 7e
MEETING DATE:
AGENDA SUMMARY REPORT
October 6, 2010
SUBJECT: AWARD PROFESSIONAL SERVICES CONTRACT TO ANN BAKER LANDSCAPE
ARCHITECTURE IN AN AMOUNT NOT TO EXCEED $17,300 FOR CONSULTING
SERVICES RELATED TO THE COMPLETION OF OBSERVATORY PARK FUNDED BY
THE LAND AND WATER CONSERVATION FUND
Summary: In February 2009 the Community Services Department received direction from the City
Council to pursue a grant funding opportunity with the Land and Water Conservation Fund (LWCF) for
the completion of Observatory Park. At that time the City adopted a resolution to allocate $55,000
from the Park Development Fund to match the grant request of $55,000 for a total project cost of
$110,000. The City was successful in securing the grant award and is now moving forward with the
final stages of park completion.
Background: Observatory Park is approximately four acres with frontages facing Luce Street and
Observatory Avenue. The property is both historic and special in that only five such International Latitude
Observatory sites exist around the world. The other four sites are located in Maryland, Italy, Japan, and
Russia. Ukiah's original Observatory was built on this site in 1899 with the existing buildings constructed
in 1948. The historical residence and three small outbuildings, comprising approximately one acre, are
concentrated on the south side of the property facing Observatory Avenue. The remaining property
extends north to Luce Street and is marked by a large specimen Oak tree with substantial open space
extending back to the structures. The Department of Interior granted the property to the City of Ukiah for
the purpose of developing a public park. The site plan is included as Attachment #1.
The property's extensive size has provided an excellent opportunity to create an expansive green space
in a developed residential area that is surrounded by single family dwellings and a number of high density
apartment complexes. The park currently includes a green turf area with irrigation, a labyrinth, a number
of established trees along with the historic buildings. City staff have worked in collaboration with
community members through the Friends of Observatory Park in the design and planning of the park
Recommended Action(s): Award professional services contract to Ann Baker Landscape Architecture
in an amount not to exceed $16,500 for consulting services related to the completion of Observatory
Park landscaping funded by the Land and Water Conservation Fund.
Alternative Council Option(s): Remand to staff with direction.
Citizens advised:
Requested by:
Prepared by: Katie Merz and Maya Simerson Community Services Department
Coordinated with: Mary Horger, Purchasing Supervisor, Sage Sangiacomo, Assistant City Manager
Attachments: 1. Observatory Park Site Plan
2. Original Landscape Plan
3. Site Photographs
4. Proaosal from Ann Baker Landscape Architecture
Approved:
J 6 Chambers, City Manager
space. More than 10 years ago the City and community members went about crafting a landscaping plan
which is included as Attachment #2. The City then took steps to partner with the CCC to install irrigation.
Additionally, the City partnered with local Boy Scouts on the labyrinth. Because the project was funded
entirely by the City the goal was to complete the project in stages. The pathways were graded but left
without any curbing or finishing material. Photographs of the park site are included as Attachment #3.
Over the years staff continued to look for funding sources to support the ongoing development of the
park. The funding through the LWCF grant and the overall completion plan for the park includes finishing
the main pathway, the perimeter landscaping and the primary entry point to the park at Luce Street.
The goal for the grant funds is to create a park space that encourages a healthy community. One of the
features of the park completion includes native drought tolerant plants that will be used for educational
purposes. The pathway will encourage walking and the history of the Observatory will be highlighted to
educate our community about the natural sciences. By installing the final materials for the pathway,
improving areas such as the deteriorating fencing and filling the empty planter beds, the location will truly
become a safe and welcoming park.
Community Services staff were also successful in securing grant funding through the Community
Foundation for signage at the park facility. The signage will be part of a self-guided tour and educate
visitors about the history of the observatory structures. The signs will explain the unique buildings and
markers that are part of the park space.
Discussion: The Community Services Department worked in collaboration with the Purchasing
Department to prepare a request for proposals for a landscape design professional. The design
professional will provide the plans and specifications for the City to hire a landscape installation firm who
will install the pathways, planting, and entry areas. Due to the City's purchasing guidelines in relation to
the total project cost, and the California contractor licensing requirements, it is necessary that the
landscape design services be conducted separately from the landscape installation services.
The City requested proposals from four landscape design professionals. Two professionals declined the
opportunity to submit a proposal stating that they were too busy with other projects. The other two
professionals pooled their experience and submitted a combined proposal. The proposal is included as
Attachment #4. The proposal is submitted by Ann Baker Landscape Architecture who is working in
collaboration with Ukiah resident Nick Thayer of Late Afternoon Garden Design. The proposal includes a
scope of services that meets the request for proposals. Staff feels that the professionals have excellent
experience and knowledge for this project as well as an understanding of Ukiah and our City Parks. Staff
is recommending that Council award the professional services agreement to Ann Baker Landscape
Architecture in an amount not to exceed $17,300.
The proposal fees include: $15,000 for task A the preparation of plans and specifications, $1,500 for task
B the preparation of entry signage, and $800 allowed for reimbursable expenses. The tasks are set at a
not to exceed amount totaling $17,300. This work is budgeted in account 140.6050.920.000 and will be
reimbursed through the Land and Water Conservation Fund.
If approved, staff will work with the landscape professional to produce the landscaping plans. Plans will
be completed during the winter so that the City can process a request for bids for construction and
installation for the work to be conducted in the spring of 2011.
Fiscal Impact:
Budgeted FY 10/11 ❑ New Appropriation ❑ Not Applicable F1 Budget Amendment Required
Amount Budgeted Source of Funds (title and Account Number Addtl. Appropriation Requested
$110,000 Park Development: Observatory 140.6050.920.000 $0
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20. Photographs of the Proiect Site
9 7
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Ann Baker Landscape Architecture
August 20, 2010
Katie Merz
Community Services Supervisor
City of Ukiah
411 Clay St.
Ukiah, CA 95482
Re: Proposal for Observatory Park Construction Plans and Specifications
Dear Ms Merz,
Ann Baker Landscape Architecture is a landscape architecture firm specializing in ecological
landscapes, particularly parks, restoration projects and educational landscapes. As a small
firm, we take pride in providing high attention to detail and continuity on our project staff. In
order to tackle larger projects, we team with project partners to assist in specialized design
tasks or larger production needs. For this project, we are teaming with Wilksco to assist in
drafting, and submittals. We will provide their insurance certification as required by the City of
Ukiah's standard agreement.
Please review the following proposal for the preparation of plans and specifications for the
Observatory Park. The proposal covers layout, design and specifications for site pathways,
site supplemental plantings, site supplemental irrigation. This proposal specifically excludes
addressing the paving, pathways, entrances and gardens of the existing house on the site, and
it excludes addressing paving and entry to the Observatory structure. This proposal assumes
the City of Ukiah has a standard details and specifications for driveway ramps that can be used
at the Luce St. entrance, and that no pedestrian curb ramps are required for the project.
This proposal assumes that the existing irrigation system is adequate for the expansion of the
zones to accomodate the new plantings proposed around the perimeter of the site and at the
entrances and that the irrigation design will be conducted as a design/build effort by the
chosen contractor. This scope of services will provide specifications and basic details to guide
1535 San Anselmo Ave. Unit A, San Anselmo, CA 94960 ab 510.926.2557 ab landarches@comcast net ab Lic. #5006
August 20, 2010 Observatory Park Proposal
Page 2 of 7
the irrigation design and installation but excludes irrigation design layout, head spacing, pipe
sizing, and pressure calculations, as well as design tasks and calcuations required by SB 1881.
It is our understanding that conceptual design services are not required, nor will there be any
community meetings in order to finalize the design. We have budgeted for three (3) meetings
with staff and two (2) submittals for client review at 90% and 100% submittal.
Due to the lack of a site survey, ABLA proposes to use a scaled map based off Google Earth,
matching the parcel dimensions and with Luce Street topographical information added to it.
As there will be no other information upon which to base site grading other than the information
adjacent to Luce Street, no grading or drainage plan will be provided. The City of Ukiah will
indemnify and hold harmless ABLA for grading and drainage design in the absence of
providing any survey data.
1. Scope of Services Riverside Park Phase I Project Implementation
Task A
Subtask A.1 Prepare Site Layout Plan
ABLA will provide a layout plan for site pathways and planting areas including the
entrances from Luce and Observatory Streets. ABLA will provide two (2) alternative
approaches to the entry path and layout of landscape areas at the Observatory Street
frontage. One of these approaches will be incorporated into the layout plan. ABLA
proposes minor changes to the layout of the main pathway around the turf area. ABLA is
not aware of any additional design elements, other than a commemorative grove of trees
that needs to be sited in the layout plan.
Deliverables: Layout Plan to scale on 24"x36" sheet in print and electronic format
Subtask A.2 Prepare Construction Details
ABLA will provide construction details for the following elements only: site pathways,
path headers (if any), site entry paving, site entry control bollards, picnic tables and
benches, boulder placement.
Deliverables: Construction details sheet in print and electronic format
Subtask A.3 Prepare Irrigation Details
ABLA to (1) sheet of irrigation details to accompany the irrigations specifications in order
to describe the materials required to be used by the contractor.
Deliverables: One (1) sheet of Irrigation Details in print and electronic format
Subtask AA Prepare Planting Plan
ABLA will provide a planting plan addressing the east and west perimeter of the site and
the Observatory Street entrance and open area excluding the house landscaping.
Deliverables: One (1) planting plan in print and electronic format
August 20, 20 10 Observatory Park Proposal
Page 3 of 7
Subtask A.5 Prepare Planting Details
ABLA to provide a set of planting details to accompany all the planting types described
in the planting plan.
Deliverables: Planting Details in print and electronic format.
Subtask A.6 Prepare Technical Specifications
ABLA to provide technical specifications covering the following elements only: pathway
construction and paving, planting and soil preparation, irrigation.
Deliverables: One (1) Set of Cut Sheets and Vendor Information for restoration plan
related specifications.
Subtask A.7 Project Meetings and Submittals
ABLA will meet with the City three (3) times on site over the course of the project. ABLa
will provide two (2) plan and specification submittals to the City, one at 90% and the
Final submittal at 100%.
Task B
Subtask 6.1 Optional Entry Signage
ABLA will create a two (2) conceptual entry sign s and incorporate one of those designs
into the project plans and specifications.
II. Client Responsibilities
The City agrees to the following:
1. Designate City's project manager through whom all direction to ABLA
will be communicated.
2. The City will provide survey data for the Luce St. entrance sufficient to provide ADA access
into the park.
III. Limitations and Exclusions on Scope of Services
This proposal specifically excludes the following:
Erosion Control Plan
Stormwater Pollution Prevention Plan
Irrigation Design and Services for AB 1881 Standards
Grading Plan
Drainage Plan
Surveying
Design of Luce Street sidewalk
Bidding Assistance and Construction Observation Services
Hazardous Materials Investigations and Remediation
Geotechnical investigations
Construction Management
Environmental Impact Reports
Testing and Inspection
August 20, 20 10 Observatory Park Proposal
Page 4 of 7
Revisions to the Master Plan or Phasing Plan
Additional Public Outreach
IV. Fee Proposal
Task A- Preparation of Plans and Specifications .................................................$15,000 (A)
Task B - Optional Preparation of Entry Signage ........:.........................................$1,500 (B)
Reimbursable Expenses ..........................................................................Billed at Cost (C)
Total Proposal (excluding reimbursable expense) ..................................................$16,500
Fee Notes
A. Fixed fee tasks will be billed as the work progresses until the task is completed and the
total amount stated in the contract for the task is invoiced.
B. Estimated fees for tasks shown as "Time and Materials" (T&M) are provided for
informational purposes. Amounts billed for these tasks, which will reflect actual hours
worked, may be more or less than the estimate given.
C. Reimbursable expenses shall be reimbursed at cost and shall include, but are not limited
to: reproduction costs, postage, shipping and handling of drawings and documents, long
distance communications, fees paid to authorities having jurisdiction over the project,
travel expenses (transportation, automobile, lodging, meals), renderings and models.
Reimbursable automobile travel will be billed at the current IRS standard mileage rate.
Please see attached Schedule A for information related to reimbursable expenses and billing
rates. ABLA reserves the right to increase fees on an annual basis to adjust for inflation.
V. Schedule
Per the City's requirement, plans and specifications will be complete within 30 days of the
notice to proceed. The City's time reviewing project documents will not be included in the 30
days. ABLA cannot be held to the project completion schedule if the design decisions take
more iterations than listed in this scope for pathways, planting areas, and signage, or if the
survey data is not available at the start of the thirty day period.
Outlined Schedule:
Week 1: Kickoff Meeting, City provides survey data for Luce St. and irrigation pressure/flow
details as well as as built drawings
Week 2: 2nd Meeting to discuss alternative layouts for Observatory entrance and planting
areas
Week 3: 90% submittal, at the end of the week, 3rd Meeting to review submittal
Week 4: 100% submittal
Please carefully review all of the information contained in this scope of services and let me
know if I can answer any questions or further clarify any task or deliverable.
Best Regards,
Ann Baker, ASLA LEEP AP #5006
Mae*
City a `Uktaft
ITEM NO.: 7f
MEETING DATE: October 6, 2010
AGENDA SUMMARY REPORT
SUBJECT: REPORT OF ACQUISITION OF PROFESSIONAL CONSULTING SERVICES FOR
SOLID WASTE RATES AND TRANSFER STATION FEE ADJUSTMENT AND
APPROVE ASSOCIATED BUDGET AMENDMENT
Background & Discussion:
On September 1, 2010 the City Council was presented with data and information to consider the adjustment
to the transfer station fees and the resulting solid waste collection rates (curbside rates). This presentation
was prepared by the City of Ukiah's Finance Director. Staff enlisted the assistance of Emmett Jones for
professional services for the accounting and the business modeling upon which the request for rate and fee
adjustments was based. This adjustment of the rates requires the adherence to Proposition 218.
Proposition 218 requires mailing a notice to customers at least 45 days prior to the date of the public
hearing. This notice must identify the proposed rate changes and describe the process customers must
follow if they wish to object to the rate change. Mr. Jones is helping with this process and will be present for
discussion at the City Council meeting scheduled for November 3, 2010.
In compliance with Section 1522 of the City Code, this report is submitted to the City Council for the
purpose of reporting the acquisition of services costing more than $5,000 but less than $10,000. The Public
Works Department obtained a proposal from Emmett Jones for Professional Consulting Services to review
and analyze the proposed rate adjustment for 2010 Solid Waste rates.
Fiscal Impact:
" Budgeted FY 10/11 F-1 New Appropriation ❑ Not Applicable FX] Budget Amendment Required
Amount Budgeted Source of Funds (title and Account Number Addit. Appropriation Requested
General Fund Balance 100.1201.250.000 $10,000
Recommended Action(s): 1.Receive and file report of the acquisition of services from Emmett Jones
in the amount not to exceed $10,000 for Consulting Services for the 2010 Solid Waste rate review and
approve budget amendment.
Alternative Council Option(s): N/A
Citizens advised: None
Requested by: Tim Eriksen, Director of Public Works/City Engineer
Prepared by: Jarod Thiele, Public Works Administration
Coordinated with: Jane Chambers, City Manager
Attachments: None
Approved:
J Chambers, City Manager
ITEM NO.: 7g
MEETING DATE: October 6, 2010
City of T-1k#aFL
AGENDA SUMMARY REPORT
SUBJECT: UPDATE REPORT ON LOCAL EMERGENCY DECLARATION REGARDING DROUGHT
AND WATER SHORTAGE STATUS
Summary: In drought conditions, the City may declare a local emergency under the California Emergency
Services Act ("ESA"). In addition, the City Council under the Ukiah City Code may declare a Water Shortage
Emergency as a Stage I, II or III emergency. At its meeting of April 15, 2009, the City Council adopted a
RESOLUTION DECLARING A LOCAL EMERGENCY UNDER THE STATE EMERGENCY SERVICES ACT
AND A STAGE I WATER SHORTAGE EMERGENCY UNDER SECTION 3602 THE UKIAH CITY CODE.
(Attachment #1).
The resolution contains recitals setting forth the drought conditions and the response to those conditions by
the State, Mendocino County, the Sonoma County Water Agency and the State Water Resources Control
Board which the resolution seeks to address. Please refer to those recitals for details.
Subsequent to adoption of the resolution, City staff has responded further to the water shortage emergency by
replying to the Sonoma County Water Agency (SCWA) regarding actions that the City of Ukiah has taken, and
will be taking, to address water conservation. Attachment #2 is a copy of that letter. The letter outlined
actions that the City is taking, responded to SCWA's request for water use information, and included an outline
of the City of Ukiah's water conservation program for 2009.
As a result of the drought, the City Council has considered many different aspects of the water shortage issue.
Under Council's direction, staff has implemented a series of water conservation and education measures. In
addition, the City has a full time staff position dedicated to implementing these measures.
Water demand has decreased by 20.8% from the 2008 quantities and 19.0% as compared to the 2004
quantities. Staff assumes that this is as a result of our conservation efforts. This will affect our revenues and
staff is working on solutions for this issue as we analyze the fee study that is currently being prepared by an
outside consulting firm.
Developments from the SWRCB
On May 28, 2009, the State Water Resources Control Board (SWRCB) issued an amendment to Order WR
2009-0027-DWR, Order WR 2009-0034-EXEC. The amended order conditionally approves Sonoma County
Water Agency's (SCWA) petition to reduce the flow in the Russian River from July 6 through October 2, 2009
to 25 cubic feet per second (cfs) for the upper Russian River and 35 cfs for the lower Russian River if during
Continued on r)aae 2
Recommended Action: 1. City Council receive the status report on water shortage emergency
Alternative Council Option(s): N/A
Citizens advised:
N/A
Requested by:
Jane Chambers, City Manager
Prepared by:
Tim Eriksen, Director of Public Works and City Engineer
Coordinated with:
Tim Eriksen, Director of Public Works and City Engineer
Attachments:
Attachment 1 - Resolution
Attachment 2 - Letter to SCWA
Approved: /
Jars /Chambers, City Manager
Subject: Drought and Water Shortage Status
Meeting Date: October 6, 2010
Page 2 of 2
the period from April 1 through June 30 total inflow to Lake Mendocino is less than or equal to 25,000 acre-
feet.
The amended order confirms a water conservation goal for Mendocino County of 50% (compared to 2004)
from April 6, 2009 until the expiration of this order (October 2, 2009), "By May 6, 2009, SCWA shall submit a
plan to the State Water Resources Control Board to obtain the cooperation and participation of agricultural and
municipal Russian River water user to reach a water conservation goal of 25 percent in Sonoma County and
50 percent in Mendocino County for the period of April 6, 2009 until the expiration of this order (October 2,
2009).
The amended order modified the original order issued on April 6, 2009. From July 6 through October 2, 2009,
minimum in-stream flow shall remain at or above 25 cfs, if Lake Mendocino storage is less than 65,630 acre
feet on July 1, 2009 (instead of total inflow to Lake Mendocino less than or equal to 25,000 acre-feet).
On October 27, 2009 the County of Mendocino Water Agency discussed the current water storage situation in
the Ukiah Valley. The discussion led to the consideration of repealing the County emergency order for all
water purveyors to limit water usage by 50%. The Agency was not comfortable with the language in the
repealing order as prepared by staff and requested staff to bring the order back for adoption at the next
regularly scheduled meeting. On November 3, 2009 the County of Mendocino retracted the 50% conservation
requirement. However, the Board of Supervisors recommended that each water district strive to achieve 25%
conservation on a voluntary basis. The City of Ukiah in the coming weeks must consider how to address this
voluntary request by the County of Mendocino.
Updated Staff Actions
Staff has continually monitored this issue in response to the City Council concerns about this emergency and
the length of time that it has been in effect. On December 16, 2009 City Council repealed the mandatory
water rationing, however, Stage I voluntary rationing is still in place. Lake Mendocino storage is now 89,979
acre-feet. The state is predicting a dry year so staff recommends the continuation of the voluntary
conservation measures. It should be noted that the construction of the pump house at Oak Manor well #8 is
near completion. Staff anticipates that this well will be in operation within the next two months. Once the City
Electric Department can get power to the facility, the well should be fully operational. The landscape
contractor has replaced all damaged sod at Oak Manor Park as a result of the construction activity.
Regional Issues
The administrative draft of The Water Supply Assessment for the Ukiah Valley Area Plan (UVAP) has been
released for comment. This plan was originally drafted a few months ago. The original was flawed with
inaccurate data. County staff has done an admiral job at rewriting this document. A meeting on the revised
draft was held by County staff and city staff is in the process of reviewing this document for comment.
ATTACHMENT`,,
RESOLUTION NO. 2009-17
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
U.KYAH DECLARING A LOCAL EMERGENCY
PURSUANT TO THE EMERGENCY SERVICES ACT AND
A STAGE I WATER EMERGENCY UNDER SECTION 3602
OF THE UNIAH CITY CODE
WHEREAS,
1. Lake Mendocino and the Russian River are one current source of water for the City of
Ukiah and the primary source of water for other domestic and agricultural users of water in
,Mendocino and Sonoma Counties; and
2. Average rainfall through March for the area contributing run-off to Lake Mendocino
is 42 inches and the rainfall total through March 2009 is 23 inches; and
3. There have been below average rainfall and reduced storage in Lake Mendocino in
2004, 2007 and 2008; and
4, Average rainfall for April June is 4.8 inches; and
• 5. Even average rainfall for the remainder of the rainy seas on cannot compensate for the
extremely low rainfall this year; and
6. Lake Mendocino held approximately 53,000 acre feet on April 1, 2009, with a Lake
level of 727.63 feet; and
7. The average Lake storage in April is 84,448 acre feet, the Lake storage in April 2007
was 66,617 acre feet and the average Lake storage in October is 55,854 acre feet, more water at
the end of the dry summer season than is currently stored in the Lake; and
8. The historically low water storage level in Lake Mendocino this year is part of a
statewide water shortage caused by inadequate rainfall which has prompted Governor
Schwarzenegger to declare a statewide emergency under the Emergency Services Act due to
these drought conditions; and -
9. Mendocino County has declared a local emergency due to drought conditions under
the Emergency Services Act; and
10. On April 6, 2009, the State Water Resources Control Board C'SWRCB") has
approved an Urgency Change Petition filed by the Sonoma County Water Agency C'SCWA") to
reduce in-stream flows in the Russian River to 75 cfs from April 6-June 30, 2009 and to as low
as 25 cfs for the period July 1-October 2, 2009, if cumulative total inflow to Lake Mendocino is
equal to or less than 25,000 acre feet for the period April I-June 30, 2009; and
11. The order approving temporarychanges to the minimum in-stream flows required by the
appropriative rights permits issued to SCWA is subject to several conditions, including a condition
requiring the SCWA to submit a plan by May 6, 2009, to the SWRCB to "obtain the cooperation
and participation of agricultural and municipal Russian River water users to reach a water
conservation goal of 25 percent in Sonoma County and 50 percent in Mendocino County for the
period of April 6, 2009 until the expiration of this order (October 2,2009)"; and
12. A local emergency under the California Emergency Services Act (Government Code
§8550 et seq.) is defined in Section 8558(c) as the duly proclaimed existence of conditions of disaster
or of extreme peril to the safety of persons and property within the territorial limits of the City caused
by such conditions as drought which are or are likely to be beyond the control of the services,
personnel, equipment, and facilities of individual local governments and which require the combined
farces of other political subdivisions to combat, and
13. The historically low rainfall and water storage in Lake Mendocino qualifies as a local
emergency under the statutory definition; and
14. In a declared local emergency, local agencies may provide mutual aid as needed pursuant
to agreements or resolutions, state agencies may provide mutual aid to local agencies pursuant to
agreement or at the direction of the Governor, costs incurred by the City in providing mutual aid
pursuant to agreements or resolution constitute a charge against the state, when approved by the
Governor in accordance with adopted regulations, and the City Council may promulgate orders and
regulations for the duration of the emergency to provide protection for life and property (see
Government Code 8631-86-34); and
~i
15. In a declared local emergency, the City Council must review the state of the emergency
not less than every 21 days after first declaring the emergency; and
16. Under Ukiah City Code Section 3602, the City Council may by resolution declare a
water emergency, specify the degree of emergency and place into effect the appropriate provisions of
Division 4, Chapter 1, Article 11 of the Ukiah City Code pertaining to a Water Shortage Emergency;
and
17. In a Stage I water emergency the Mayor shall issue a proclamation urging citizens to
institute such water conservation measures on a voluntary basis as maybe required to reduce
water demand to coincide with available supply; and
18. The City Council has already authorized the development of a groundwater well on
an emergency basis to provide the City with an additional water source this summer that does not
rely on the Russian River or water stored in Lake Mendocino; and
19. Stage II and III water emergencies impose various mandatory conservation measures
on City residents, including a prohibition on `nonessential water use" in. a Stage II water
emergency and a limit on the daily use of water by different classes of water user in a Stage Ill
emergency, and
2
20. The City can declare a Stage H or Stage II emergency, if voluntary measures or less
sever mandatory measures does not achieve an adequate reduction in the use of Russian River
water or in water use generally to meet the available supply;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah hereby:
I. Declares a local emergency due to drdught under the Emergency Service Act.
2. Declares a Stage I Water Storage Emergency under Ukiah City Code Section 3602.
3. Directs the City Manager:
a. to identify and encourage the use as a Russian River water user of voluntary
measures to reach a water conservation goal of 50 percent for the period of April 6, 2009 to
October 2, 2009 ("Conservation period', and to report back to the City Council at each City
Council meeting field during that same time period on the measures identified, the means used to
encourage their use, the amount of water use reduction, and the status of the emergency
conditions; .
b. to notify the City Council, if the City Manager determines that a Stage I Water
Emergency is not reducing water use to match the available supply and to recommend a Stage II
or M emergency, if necessary to achieve that level of water use;
c. at City Council meetings during the Conservation Period to recommend
temporary rules or orders to supplement or modify mandatory conservation measures in a Stage
H or III Water Storage Emergency to reduce water use to the available supply and to achieve the
conservation goals in Order WR 2009-0027-DWR issued by the Division of Water Rights of the
State Water Resources Control Board;
c. to work with other local governments in the County, including the incorporated
cities and county water districts, to preserve as much water as possible for use during the dry summer
months and for the fall return of Chinook Salmon to the Russian River; and
d. to coordinate mutual aid efforts to address the local emergency between and among
political subdivisions in Mendocino and Sonoma Counties and state agencies.
PASSED AND ADOPTED on April 15, 2009, by the following roll call vote:
AYES: Councilmembers Landis,
Thomas, Crane, Rodin, and Mayor Baldwin
NOES: None
ABSTAIN: None
ABSENT: None
Philip E. aldwin, Mayor
ATTE.
.
Lind ro ity Clerk
3
April 28, 2009
Lynn Florey
Sonoma County Water Agency
Principal Program Specialist
P.O. Box 11628
Santa Rosa, CA 95406
Dear Ms. Florey;
This letter is written in response to your letter dated April 17, 2009. 1 do not know when
your letter was received by the City of Ukiah, but it arrived-at our water treatment plant
rather than in my office at City Hall. The letter was just brought to my attention late
yesterday.
I had been expecting a request to respond to Sonoma County Water Agency for
information related to the State Water Resources Control Board's ruling, and, therefore,
am making an effort to meet your deadline of today's date. In future, it would be helpful
if.you could copy and/or address critical dated correspondence about these current
drought conditions directly to my office, as that will assist ifs in making timely replies.
Attached; please rind the diversion volumes information requested in your letter. You
will see that overall annual water use since 2004 has been reduced by 11.4%. Water use
in the months of April through October has been reduced since.2004 by 13%. Diversion
volume during the months April tluough October has also been reduced, for some 25%
between 2004 and 2007, and 16% between 2004 and 2008 use.
Reduced use over the last few years is a result of the City's commitment to institute
conservation measures in both the irrigation and domestic use of water in our community.
Attached please find the City of Ukiah's Water Conservation Program which outlines
current activities the City is taking to address water conservation.
With regard to immediate drought related conditions, here are some technical and rate
related factors that the City of Ukiah must deal with as the summer and high irrigation
use time approaches:
The. City's water supply is obtained from a Ranney collector well and Wells 43
and 44. The Ranney and Well #3 draw water from an alluvial zone along the
Russian River. The pumping capacity of both the Ranney collector and Well #3
are affected by the amount of flow in the river. If that water is not available
during this surnmer, the only source of water available as of this date will be Well
#4, which is percolated groundwater.
• On February 27, 2009 Governor Arnold Schwarzenegger declared a water
shortage. On February 26, 2009, the City received a letter from Victoria A.
300 SEMINARY AVENUE UKIAH, CA 95482-5400
Phone# 707/463-6200 Fax# 707/463-6204 Web Address: www.cityofukiah.com
City staff is actively seeking stimulus funding for a system to deliver recycled
water from the City's wastewater. treatment plant. At the current time, it is
anticipated that the wastewater treatment plant could begin to produce recycled
water by August of 2009. A distribution system is under design and plans will be
developed within the next few months. Funding for this important resource
deliveiy project will be explored from all possible resources, as the City fully
recognizes the value of using recycled water to lower the demand for surface
water in our area. Although a recycled water distribution system cannot be in
place for this summer, the City will pursue developing this resource.
With regard to efforts to identify and prevent water waste and tuireasonable use: Typical
water waster penalties include, in the order implemented:
1. Educational letter or visit
2. Educational visit and warning
3. Citation
4. Installation of flow restrictor and possible fine
5. Shutoff and reconnection fee
The City will identify water wasters through monitoring the water meters and citizen
reports.
In closing, please review all aspects of the attached conservation measures and water use
detail in addressing the four questions of your letter, in addition to the specific issues
addressed in the above bullet points.
Please call me at 707- 463- 6213 if you have questions regarding this information.
Sincerely,
ane A. C ambers
City Manager
Attachments: 1. City of Ukiah Water Use
2. City of Ukiah Water Conservation Program 2009
City of Uldah Water Use
Annual Water
Use
MG
2008
1192.968
-11.4% 2008/2004
2007
1219.964
-9.3% 2007/2004
2006
1248.424
-7.2% 2006/2004
2005
1223.542
-9.1% 2005/2004
2004
1345.744
Water Use (MG)
2004
2007 2008 2009
2007/2004
2008/2004
April
96.743
87.507 87.865
-10%
-9%
May
145.402
121.505 132.345
-16%
-9%
June
162.897
149.782 143.469
-8%
-12%
July
185.876
164.473 158,899
-1296
-15%
August
179.326
162.859 157.056
-9%
-12%
Sept,
156.798
134.481 130,508
-1496
-17%
Oct.
109.224
83.777 91.724
-23%
-1690
Total
MG
1036,266
904.385 901.866
-13%
-13%
ac-ft
3180
2775 2768
Diversion Volume (MG)
2004
2007 2008 2009
2007/2004
2008/2004
April
57.046
27.598 62.754
-52%
10%
May
112.803
72.833 111.365
-35%
-1%
June
129.493
109.976 102.115
-15%
-21%
July
131.935
105.631 109.09
-20%
-17%
August
126.768
104.658 101.593
-17%
-20%
Sept.
117.755
88.234 85.313
-25%
-28%
Oct.
96.734
72.864 73.465
-25%
-24%
Total
MG
772.534
581.694 645.695
-25%
-15%
ac-ft
2371
1785 1982
The City of Ukiah
Water Conservation Program
2009
The unpredictability of its water supplies and ever increasing demand on California's complex
water resources have resulted Ina coordinated effort by the California Department of Water
Resources (DWR), water utilities, environmental organizations, and other interested groups to
develop a list of urban water conservation demand management measures (DMM) for
conserving water. This consensus building effort resulted in a Memorandum of Understanding
(MOU) Regarding Urban Water Conservation in Califomle, as amended September 16, 1999,
among parties, which formalizes an agreement to implement these DMMs and makes a
cooperative effort to reduce the consumption of Califomia's water resources. The MOU is
administered by the Callfornia Urban Water Conservation Council (CUWCC). The DMMs as
defined In the MOU are generally recognized as standard definitions of water conservation
measures.
1. CUWCC Demand Management Measures Implemented
The existing conservation The City of Ukiah has had a water conservation program in place
since the late 1970's. During the past five years, the City has expanded its program and public
outreach. The City reduced the amount of water it used by over 9.3% in 2007 and 11.4% in
2008 compared to 2004.
Currently, the City's conservation program includes the following DMMs:
DMM 1. Water survey programs for single-family residential and multi-family residential
connections.
The City tests customer meters upon request and instructs customers in how to use their water
meter to determine if there Is a leak on the demand side of the meter. The City provides toilet
leak detection tablets to customers.
DMM 3. System water audits, leak detection, and repair.
The City performs leak detection and repair on an ongoing basis. The City, also, calculates
system water losses annually and reports this Information to DWR.
DMM 4. Metering with commodity rates for all new connections and retrofit of existing
connections.
The City water distribution system is fully metered. The City is currently replacing old meters in
the system. The new meters will provide a more accurate reading of water use within the City.
The City recently went through a rate re-structuring that is believed will reduce water uses in the
future.
DMM S. Large landscape conservation programs and Incentives.
The City's Planning Department reviews all landscape plans proposed for new developments.
Included in the City's Municipal Code is a requirement for all landscape planting to be "those
which grow well in Ukiah's climate without extensive irrigation." City staff reviews the water use
of its top 5 water users and holds meetings with them on a regbier basis to discuss landscape
conservation programs,
DMM 7. Public Information programs.
The City believes public awareness of water conservation issues is an important factor In
ensuring a reliable water supply. The City promotes public awareness of water conservation
through occasional bill stuffers, distribution of the Consumer Confidence Report, radio
broadcasts, newspaper articles, the City of Ukiah's "Activity and Recreatlon Guide", distribution
of brochures and additional Information at local expositions andfairs, and on the City website
advertised to the community on a banner across a City thoroughfare. The City also provides
free of charge water conservation yard signs to encourage minimal use of water for lawn
Irrigation.
Water conservation Information and assistance is routinely provided to the public by the water
utility maintenance staff and meter readers while in the field. Field staff receives conservation
training to better assist customers and promote conservation. Door hangers are used to remind
customers of Ukiah's Voluntary Water Conservation Program measures and to provide notice of
problems with outdoor water use.
DMM 8. School education programs.
City staff presents Information on water conservation to elementary school children in the
classroom. The City offers local schools tours of its water treatment plant and also provides
educational materials. Four science classes on public water supply at the high school are
offered once a year.
DMM 9. Conservation programs for commercial, industrial, and institutional accounts
The City has only two Industrial customers: Maverick Industries and Fled Tail Ale Brewery. The
City surveys the water usage of these Industries. Any new commercial, industrial, or institutional
developments will be reviewed by the City Planning Department and must meet all requirements
of the Municipal Code.
DMM 11. Conservation pricing.
In 2005, the City Increased and re-structured Its water rates to encourage more conservation.
The City has simplified Its rate structure by eliminating rate codes and classifying customers
according to their meter size. The new rate structure incorporates the American Water Works
Association (AWWA) demand capacity guidelines so that price Increases across meter size in
proportion to the potential demand a customer can place on the water system.
DMM 12. Conservation Coordinator.
The City's Conservation Coordinator Is essential to sustaining and Improving Ukiah's ongoing
water conservation program. The conservation coordinator Is responsible for implementing and
monitoring the City's water conservation activities. In practice, the City's water conservation
program includes the efforts of the Conservation Coordinator and all staff.
DMM 13. Water waste prohibition.
The City has adopted regulations that state in part: "Where negligent or wasteful use of water
exists on a customer's premises-the City may discontinue the service..." (City Municipal Code
Article 7, Section 3571). The City first sends customers a letter calling their attention to the
wasteful practice and asking for correction. if the condition is not corrected within five days after
the written notice, service maybe discontinued if necessary.
DMM 14. Residential UI-FT replacement programs.
Since October 1992, the sale of toilets using more than 1.6 gallons per flush has been
prohibited by State and Federal regulations. These regulations are enforced in the City.
If. Additional Water Conservation Measures
In addition to the DMMs, the City has also taken the following actions:
1. Installation of five waterless urinals in the Ukiah Civic Center to support and promote the
use of waterless urinals In all City facilities and In the publio sector. The use of these
urinals has received very positive feedback from Facilities staff who would like to install
these in the Ukiah Valley Conference Center.
2. Cooperative water conservation programs have been developed between the City and
the Mendocino County Water Agency, the Russian River Public Water Agencies, and the
Sonoma County Water Agency.
3. The Ukiah City Council adopted the Ahwahnee Water Principles on April 4, 2007. The
Principles contain ideas for protecting and.enhancing water quality, improving water
availability, making more efficient use of water, and conserving water as a scarce
resource. The Principles suggest a process for improving decision-making as it impacts
water-related Issues. The City Council reviewed the Principles and determined the Ideas
and suggestions promote the Council's stated goals.
Ilia Future Water Conservation Activities
The City has recently undertaken a rate and revenue study of Its water utility. A tiered inclining
block rate structure and excess use charge are being evaluated to-encourage water
conservation.
The City has submitted a pre-application to the State Water Resourbes Control Board State
Revolving Fund to construct a recycled water system, The City's Wastewater Treatment Plant
Improvement Project is scheduled to be completed by June 2009. After the project is
completed, the plant will be capable of producing 2 million gallons per day (MGD) in the summer
and up to 7,5 MGD in the winter of Title 22 unrestricted use recycled water.
Other immediate and long-term conservation measures Include: -
Installation of waterless urinals and dual flush toilets in all City buildings (immediate)
• Sign the California Urban Water Conservation Council's Memorandum of Understanding
Regarding Urban Water Conservation and implement the 14 best management practices
(long term)
• Water efficiency standards for new single-family development (long term)
• Water efficient landscaping (long term)
• . Water waste ordinance prohibiting; (Immediate)
1. gutter flooding
2, carwash fundraisers
3. non-recycling decorative water fountains
4. breaks or leaks in the water delivery system
• Incentives for Retrofits (long term)
i. low flow shower heads
2. toilet displacement devices
3. toilet flappers
4. faucet aerators
5. high efficiency washing machines
6. ultra-low flow toilets
ITEM NO.:
MEETING DATE:
City of 'Z.I.kiaft
AGENDA SUMMARY REPORT
7h
October 6, 2010
SUBJECT: UPDATE REPORT REGARDING STATUS OF WATER EMERGENCY CONDITIONS
NECESSITATING EMERGENCY RESOLUTION TO EXPEDITE CONSTRUCTION OF
OAK MANOR DRIVE 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 Oak Manor Drive in Oak Manor Park to the
east of the tennis courts. 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 formal 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 formal 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 number 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, 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.
Gobbi Well
The date of the bid opening for construction of the Gobbi Street well head and pump house was June 18,
2009. The contractor mobilized their equipment on site on July 13. Substantial completion of this project
Continued on Page Z
Recommended Action(s): Receive the report.
Alternative Council Option(s): Reject recommended action(s) and provide staff with alternate
direction.
Citizens advised: n/a
Requested by: Tim Eriksen, Director of Public Works / City Engineer
Prepared by: Tim Eriksen, Director of Public Works / City Engineer
Coordinated with: Jane Chambers, City Manager
Attachments: None.
Approved:
J Chambers, City Manager
Subject: Update Report Regarding Status of Water Emergency Conditions Necessitating Emergency Resolution to
Expedite Construction of Oak Manor Drive Water Well
Meeting Date: October 6, 2010
Page 2 of 2
was November 10t". The time required from the bid opening to substantial completion of the Gobbi Street
well head and pump house was approximately five months.
Oak Manor Well
In the December 16, 2009 Agenda Summary Report, Item 7d, a best case schedule was developed
assuming the Oak Manor well head and pump house bid in December 2009 and construction started no
later than January. With this schedule it was possible the Oak Manor well (Well #8) would have been
completed in May 2010. This completion date assumed a shortened bid period and no delays due to
weather or other circumstances.
Bids were issued on January 8, 2010. The revised schedule includes the January bid date and a 30 day
noticing period with bids due February 9t". The lowest, qualifying bid was submitted by Wipf Construction
in the amount of $377,000 and was approved by Council on February 17t". Construction began April 26,
2010.
The pump house at Oak Manor well #8 is complete. All equipment is in place and DPW staff is
coordinating with the City's electrical department for power. Staff anticipates that this well will be in
operation within the next two months. The landscape contractor has turned over the responsibility of the
new sod in the park where the construction disturbed the existing sod.
ITEM NO.:
MEETING DATE:
~ia~ af' rllk3a.Ft
AGENDA SUMMARY REPORT
7i
October 6, 2010
SUBJECT: CONFIRM CONTINUANCE OF CITY COUNCIL AD HOC COMMITTEE MEMBERS
CRANE AND BALDWIN FOR DISCUSSIONS WITH UVSD
Background: At the joint meeting between the Ukiah Valley Sanitation District Board (UVSD) and the
Ukiah City Council, on January 14, 2010, the City Council appointed Council members Crane and Baldwin
to serve as Ad Hoc members in future discussions with UVSD. At the joint meeting between the two entities
on September 29, 2010, further discussion was had between the parties about appointments.
Discussion: Engagement of a facilitator to assist both entities was approved at the September 29 2010
joint meeting, and an item regarding future discussions about the participation agreement ( Item 5) of the
September 29 agenda was deferred to the October 14 joint meeting.
Confirmation of the City Council's appointed Ad Hoc members allows the City to move forward as needed in
future discussions without further Council action.
Fiscal Impact: None at this time
Budgeted FY 10/11 1-1 New Appropriation Fx-] Not Applicable F Budget Amendment Required
Amount Budgeted Source of Funds (title and Account Number Addit. Appropriation Requested
Recommended Action(s): Confirm Continuance of City Council Ad Hoc Committee Members Crane
and Baldwin for Discussions with UVSD
Alternative Council Option(s):
Citizens advised:
Requested by:
Prepared by: Jane A. Chambers, City Manager
Coordinated with:
Attachments: None
Approved: C_,....._. ~G
Jan ambers, City Manager
ITEM NO.:
MEETING DATE:
City a,J-41(iaf
AGENDA SUMMARY REPORT
October 6, 2010
SUBJECT: ADOPTION OF RESOLUTION APPROVING CONTRACT TO SHARE PROCEEDS OF
COUNTY IMPOSED TRANSACTION AND USE TAX AND AUTHORIZING CITY
MANAGER TO SIGN AGREEMENT
SUMMARY: Attachment 1 is a resolution approving a contract attached to the resolution as Exhibit A. The
City Council previously authorized the City Manager to negotiate and sign an agreement with Mendocino
County that would share sales tax revenues generated from sales in the City from a half cent sales tax
ordinance that the County has placed on the ballot for the statewide election to be held on November 2,
2010. Exhibit A to the resolution has been negotiated among Ukiah, Willits, Fort Bragg, and Mendocino
County. Each city will sign an identically worded agreement with the County.
Under Cal Const. Art.Xlll, §29 and Gov Code 55704, the City and the County can agree to share sales tax
revenue but the tax sharing agreement must be contained in an ordinance or resolution of the Board of
Supervisors and City Council and each must approve by a 2/3 majority vote. The resolution must also
identify the City official authorized to the sign the agreement for the City.
The attached resolution and agreement are submitted to satisfy these requirements. The Board of
Supervisors should have adopted a resolution approving the agreement at its meeting on October 5, 2010.
1~ Budgeted FY New Not Applicable Budget Amendment
09/10 F1 Appropriation 11 11 Required
Amount Budgeted Source of Funds (title and Account Number Addtl. Appropriation Requested
Recommended Action(s): Adopt attached resolution by a vote of at least 4/5 of the whole council.
Alternative Council Option(s): Propose revisions; decline to adopt
Citizens advised:
n/a
Requested by:
City Council
Prepared by:
David J. Rapport, City Attorney
Coordinated with:
Jane Chambers, City Manager
Attachments:
1- Resolution and attached Ex. A
. ^
Approved:
G-
J Chambers, City Manager
ATT x.- L
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UKIAH APPROVING AGREEMENT WITH THE MENDOCINO
COUNTY BOARD OF SUPERVISORS TO SHARE PROCEEDS OF
COUNTY IMPOSED Y2 CENT SALES TAX FROM SALES WITHIN
THE CITY OF UKIAH
WHEREAS,
1. The Board of Supervisors of Mendocino County has placed on the ballot for the
election to be held on November 2, 2010, a measure to adopt a one-half cent transaction
and use tax on taxable sales in the County; and
2. The City of Ukiah ("City") and the County of Mendocino ("County") wish to
enter an agreement under which the County would share with the City one-half of the
proceeds of the tax on taxable sales within the City; and
3. The terms of that agreement are contained in Exhibit A, attached hereto; and
4. Article XIII §29 of the State Constitution and Government Code §55704.5
allows the City and County to enter a contract to apportion revenue from a transaction
and use tax between them provided the contract is proposed in an ordinance or resolution
of the governing body of each jurisdiction that is a party to that contract and the
resolution is approved by a 2/3 vote of the City Council and the Board of Supervisors;
NOW, THEREFORE, BE IT RESOLVED that the contract attached hereto as
Exhibit A is hereby approved and adopted by this resolution and the City Manager of the
City of Ukiah is hereby authorized to sign the contract on behalf of the City.
PASSED AND ADOPTED by the Ukiah City Council on October 6, 2010, by the
following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Benj Thomas, Mayor
ATTEST:
JoAnne Currie, City Clerk
EXHIBIT A
TAX SHARING AGREEMENT FOR COUNTY VITAL SERVICES
TRANSACTION AND USE TAX REVENUES BETWEEN THE COUNTY OF
MENDOCINO AND THE CITY OF UKIAH
THIS AGREEMENT is made and entered into this _day of , 2010
by and between the County of Mendocino, a political subdivision of the State of
California, (hereinafter "COUNTY") and the City of Ukiah, a municipal
corporation, (hereinafter "CITY") with reference to the following facts:
RECITALS:
WHEREAS, Article XIII, Section 29 of the California Constitution allows cities
and counties to enter into contracts to apportion sales and use tax revenue, by
ordinance or resolution, and upon approval by a two-thirds vote of the legislative
bodies of the parties to the contract; and
WHEREAS, Government Code sections 55700 et seq. provides cities and
counties with the option to approve contracts apportioning sales and use tax
revenue consistent with the provisions of Article XIII, Section 29 of the California
Constitution; and
WHEREAS, it is the intent of the Parties to approve this Contract for
apportionment of sales and use tax revenue by resolution, and by a two-thirds vote
of the CITY Council and a two-thirds vote of the COUNTY Board of Supervisors in
accordance with Government Code section 55704.5; and
WHEREAS, the purpose of this agreement is to make a fair and equitable
distribution of sales tax revenues generated by the County Vital Services
Transactions and Use Tax that are derived from businesses operating now or in
the future within the territorial limits of the CITY to maximize each party's ability
to finance the delivery of essential governmental services.
NOW THEREFORE, in consideration of the foregoing recitals, the mutual
promises contained herein, and for such other good and valuable consideration
the receipt of which is hereby acknowledged by the Parties, the COUNTY and
the CITY agree as follows:
AGREEMENT
1. Term. This Agreement shall become effective upon its approval by the
governing bodies of each party and upon approval of the County Vital Services
Transaction and Use Tax Ordinance by the voters and shall remain in effect until
the tax expires by the terms of the ordinance or this agreement is terminated by
mutual consent of both the CITY and the COUNTY.
-1-
EXHIBIT A
2. Share of Revenues. During each calendar year, and on a monthly basis,
commencing June 20, 2011, revenues from the County Vital Services
Transactions and Use Tax that are generated from taxable sales occurring within
the territorial limits of the City will be shared fifty percent (50%) by each party.
Payments shall be calculated by COUNTY and remitted to CITY on the last
business day of each month following collection from the State Board of
Equalization.
3. Cost of Administration. COUNTY will be responsible for the administration
and distribution of funds. The total cost of administration ("Administration Costs")
shall in no event exceed 4 hours of staff time per month at the employee's
weighted hourly rate. The Administration Costs will be calculated on a monthly
basis and divided equally between the CITY and COUNTY if no other CITY
enters into a similar agreement with COUNTY. In the event that any of the cities
of Willits, Ukiah, and Point Arena enter into agreements with COUNTY I will
change for each agreement), the COUNTY will bear Y2 the Administration Costs
and the remaining Y share of Administration Costs will be divided proportionately
amongst the participating cities based on the amount of sales tax received by
each participating city. Said Costs shall be deducted from the revenue owed to
CITY in each monthly installment.
4. Dispute Resolution.
(a) Inadmissibility. Should any disputes arise as to the performance of this
Agreement, COUNTY and CITY agree to use the dispute resolution process set
forth below. All conduct, testimony, statements or other evidence made or
presented during the meeting described in subsection 4(b) shall be confidential to
the extent permitted by applicable laws, and inadmissible in any subsequent
arbitration proceedings brought to prove liability for any claimed breach or
damages which are the subject of the dispute resolution process.
(b) Initiation of Process. COUNTY or CITY may initiate the dispute resolution
process by submitting written notification to the other of a potential dispute
concerning the performance of this Agreement. This written notification shall
state what is in dispute, shall include all supporting documentation, and shall
request a meeting between the County Executive Officer and the City Manager,
or their respective designees, to determine whether a resolution of the
disagreement is possible without third party intervention. The party receiving the
written notification, upon receipt, shall undertake to locate all information and
documentation that is relevant to the alleged dispute and provide the notifying
party with copies of the same at least five business days prior to the meeting.
This meeting shall be scheduled to take place within thirty (30) days of receipt of
the written notification of the dispute. At the meeting, the respective
representatives of the COUNTY and the CITY shall attempt to reach an equitable
settlement of the disputed issue(s), subject to review and approval by the Board
of Supervisors and the City Council. The parties shall continue to meet for as
-2-
EXHIBIT A
long as progress is being made toward a resolution of the dispute. If one party
determines that further meetings are not warranted and that binding arbitration
should be commenced, as described in subsection (c), below, that party shall
provide the other party with notice of an intent to initiate binding arbitration.
(c) Binding Arbitration. If the meeting(s) and subsequent review by the parties'
governing bodies provided for in subsection 4(b) fails to fully resolve the dispute,
the matter may then be submitted by either party to the American Arbitration
Association ("Arbitrator"), following the notice requirement in subsection (b),
above, to appoint a single," neutral arbitrator for a decision. Both CITY and
COUNTY waive the requirement of filing a claim and other procedural
requirements as described in Government Code Section 905 et seq. The
arbitration shall be conducted pursuant to the procedures set forth in Chapter 3
(commencing with Section 1282) of Title 9 of the California Code of Civil
Procedure. The Arbitrator's decision shall be based on the following factors, but
the Arbitrator shall have no authority to alter or refuse to apply and enforce the
provisions of this Agreement:
(1) evidence relevant to the scope of the issue being decided;
(2) timeliness of raising the issue at hand;
(3) whether the submitting party has met its burden of persuasion; and
(4) any other factors the Arbitrator deems appropriate.
The matter shall be heard by the Arbitrator within forty five 45 days from one
party serving a Notice of Request for Arbitration on the other party and a final
decision by the Arbitrator must be made within thirty 30 days from the day upon
which the arbitration hearing is completed. The arbitration hearing date and the
hearing procedures shall be established by the Arbitrator in accordance with the
Code of Civil Procedure section 1282.2. The Arbitrator shall prepare in writing
and provide to the parties factual findings and the reasons on which the decision
of the Arbitrator is based. The decision of the Arbitrator shall be served on the
parties in accordance with Code of Civil Procedure section 1283.6, shall be
controlling between the CITY and the COUNTY and shall be final. Except as
provided in Code of Civil Procedure sections 1286.2 and 1286.4, neither party
shall be entitled to judicial review of the Arbitrator's decision. The party against
whom the award is rendered shall pay any monetary award and/or comply with
any other order of the Arbitrator within sixty (60) days of service of the award. If
not paid within said sixty (60) days, the award may be enforced pursuant to Code
of Civil Procedure sections 1285 et seq. and Government Code sections 970-
971.2 or as otherwise authorized by law.
(d) Costs. The parties shall share equally the Arbitrator's fees and expenses.
Each party shall bear its own costs, expenses and attorney's fees and no party
shall be awarded its costs, expenses, or attorney's fees incurred in the dispute
resolution process.
-3-
EXHIBIT A
5. Mutual Defense of Agreement. If the ability to enter into this Agreement is
challenged in any legal action by a party other than COUNTY or CITY, then
COUNTY and CITY agree to defend jointly against the legal challenge and to
share equally any award of costs, including attorney's fees, against COUNTY,
CITY, or both.
6. Indemnification. Both the CITY and COUNTY agree to hold harmless,
defend and indemnify each other in the event that there is a challenge to the
receipt or use of funds distributed pursuant to this agreement.
7. Waiver of Retroactive Recovery. If the validity of this Agreement is
challenged in any legal action, CITY and COUNTY hereby waive any right to the
retroactive recovery of any Sales Tax Revenue transferred pursuant to this
Agreement prior to the date on which such legal action is filed in a court of
competent jurisdiction.
8. Audit. CITY at any time during the term of this agreement may request an
audit of the sales tax revenue that is the subject of this agreement, such audit to
be conducted by a person(s), or entity, of CITY's selection. The request shall be
made in writing and all costs associated with such audit shall be borne initially by
CITY. If the results of the audit show that an CITY is entitled to additional sales
tax revenue in an amount that is in excess of the cost of the audit, then COUNTY
shall reimburse CITY for the cost of the audit. Otherwise, the cost of the audit
shall be borne by CITY.
COUNTY will make any adjustments to payment of tax revenues which are
required as a result of the audit within 60 days of receipt of the audit. The
adjustments will in the form of an additional transfer of tax revenues or in the
form of an offset against the future distribution of tax revenues if the audit
discloses that CITY received more revenue than it should have received. CITY
shall have the right to inspect records associated with the transfer of tax
revenues within 10 days of making such request.
9. Modification. The provision of this Agreement and all of the covenants and
conditions set forth herein may be modified or amended only by a writing duly
authorized and executed by both the COUNTY and CITY.
10. Entire Agreement. With respect to the sharing of sales tax revenues
generated by the County Vital Services Transactions and Use Tax, this
Agreement supersedes any and all previous negotiations, proposals,
commitments, writings, and understandings of any nature whatsoever between
COUNTY and CITY except as otherwise provided herein.
11. Notices. All notices, requests, certifications or other correspondence
required.to be provided by the parties to this Agreement shall be in writing and
shall be personally delivered or delivered by first class mail to the respective
-4-
EXHIBIT A
parties at the following addresses:
COUNTY OF MENDOCINO
Executive Office
Attn: Chief Executive Officer
Administration Center
501 Low Gap Road, Rm. 1010
Ukiah, CA 95482
CITY OF UKIAH
Ukiah Civic Center
ATTN: City Manager
300 Seminary Ave.
Ukiah, CA 95482
shall be effective upon receipt or three (3) days after mailing, whichever is earlier.
12. Approval, Consent and Agreement. Wherever this Agreement requires a
party's approval, consent, or agreement, the party shall make its decision to give
or withhold such approval, consent or agreement in good faith, and shall not
withhold such approval, consent or agreement unreasonably or without good
cause.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first above written.
COUNTY OF MENDOCINO
By:
CHAIR, Board of Supervisors
CARMEL ANGELO, Clerk of said Board
By
Deputy
CITY OF UKIAH
By:
Jane Chambers, City Manager
APPROVED AS TO FORM FOR CITY:
By
NAME AND ADDRESS OF CITY:
Name: Jane Chambers
Department: City Manager
City of Ukiah
300 Seminary Ave.
Ukiah, CA 95482
ATTEST: INSURANCE REQUIREMENTS:
KRISTIN McMENOMEY, Risk Manager
By
-5-
EXHIBIT A
APPROVED AS TO FORM FOR
COUNTY:
JEANINE B. NADEL, County Counsel
By:
RISK MANAGER
By signing above, signatory warrants
and represents that he/she executed
this Agreement in his/her authorized
capacity and that by his/her signature
on this Agreement, he/she or the entity
upon behalf of which he/she acted,
executed this Agreement
-6-
Ago*
C ay aJ- 4l u,F.
ITEM NO.: 10a
MEETING DATE: October 6, 2010
AGENDA SUMMARY REPORT
SUBJECT: DISCUSSION AND POSSIBLE INTRODUCTION OF MOBILEHOME RENT
STABALIZATION ORDINANCE
SUMMARY: At its meeting on September 15, 2010, the City Council voted to direct the City
Attorney to prepare for introduction at its meeting on October 6 an ordinance regulating the space
rents charged by mobilehome parks. Based on the recommendation of the mobilehome rent
control subcommittee consisting of Mayor Benj Thomas and Council member Phil Baldwin, the
ordinance was to be modeled on the Santa Rosa mobilehome rent control ordinance with some
modifications recommended by the subcommittee.
The attached ordinance was prepared in response to this direction from the City Council. As
recommended by the subcommittee, it includes the 5% cap on cost of living rent increases (see
§2703(A)) ragther than the 6$ cap in the Santa Rosa ordinance, and a limit on rent increases
when a mobilehome is sold in-place of the lesser of 10% of the rent for that space or the average
of the three highest space rents in the park (see §2704(6).) rather than the $50 per month limit in
the Santa Rosa ordinance.
Other changes from the Santa Rosa ordinance include:
1. a definition of Clerk to include a person appointed by the City Manager to perform that
function who may be an employee or independent contractor (§2701(F));1
2. a definition of Arbitrator which includes any lawyer or CPA qualified by experience or
training to conduct arbitrations and judges or former judges in any state or federal court
(2701(6);2
3. a definition of Mobilehome that includes the entire definition in Cal. Civil Code §798.3
(2701(J);3
' The Santa Rosa ordinance made the Director of Community Development or his or her designee the Clerk.
z The Santa Rosa ordinance required specific training as an arbitrator or service as a California judge. The modification should
expand the pool for potential arbitrators.
Recommended Action(s): If City Council approves of the ordinance, introduce ordinance by title
only, have City Clerk read title, and introduce the ordinance.
Alternative Council Option(s): Propose revisions; decline to introduce
Citizens advised: n/a
Requested by: City Council
Prepared by: David J. Rapport, City Attorney
Coordinated with: Jane Chambers, City Manager
Attachments: 1- Ukiah Rent Stabilization Ordinance
Approved: _ "
Jaye hambers, City Manager
ASR - Rent Control Page 2
4. a modified definition of Capital Replacement to include an expenditure to replace, repair or
upgrade existing improvements, if the cost under the Internal Revenue Code must be depreciated
over a period of years rather than expensed in a single year for federal income tax purposes
(§2701(D);4 and
5. revisions to the utility pass-through to include reference to the Ukiah City Code sections
3960-3963 governing the pass-through of City furnished water and sewer service. (§2703(D).
The ordinance is ready for City Council consideration and introduction.
❑ Budgeted FY 09/10 ❑ New Appropriation F-1 Not Applicable ❑ Budget Amendment Required
Amount Budgeted Source of Funds (title and Account Number Addtl. Appropriation Requested
s Under the more summary definition in the Santa Rosa ordinance an RV Park could come within the definition of Mobilehome
Park.
4 The Santa Rosa ordinance limited the definition to actual replacements. In the City Attorney's opinion, the more limited
definition creates ambiguities and may discourage needed renovations. If the pipes in a water distribution system were not
completely replaced, it is not clear under the Santa Rosa definition that a major renovation and upgrade of a water distribution
system would qualify as a capital replacement. Under the revised definition, it clearly would as long as the cost must be
capitalized under federal income tax law and the cost is added to the base value of the asset and recovered over the useful life of
the asset as a depreciation deduction on an income tax return.
ATTACt-W°
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
UKIAH ADDING A NEW CHAPTER 8, ENTITLED:
"MOBILEHOME RENT STABILIZATION," TO DIVISION 1
OF THE UKIAH CITY CODE.
SECTION ONE.
The City Council of the City of Ukiah hereby ordains that a new Chapter 8,
entitled "Mobilehome Rent Stabilization" is hereby added to Division 1 of the
Ukiah City Code to read as follows.
DIVISION 1 BUILDING
CHAPTER 8 MOBILEHOME RENT STABILIZATION
2700: FINDINGS AND PURPOSE.
(A) The State of California has recognized, by the adoption of special
legislation regulating tenancies of mobilehome owners in mobilehome parks, that
there is a significant distinction between homeowners in mobilehome parks and
other dwelling units, and the State likewise has recognized that homeowners in
mobilehome parks, unlike apartment tenants or residents of other rental stock,
are in the unique position of having made a substantial investment in a
residence, the space for which is rented or leased as distinguished from owned.
The physical removal and relocation of a mobilehome from a rented or leased
space within a mobilehome park can be accomplished only at substantial cost
and inconvenience with a limited concurrent ability to find another location and, in
many instances, the removal requires a separation of the mobilehome unit from
appurtenances which have been made permanent, thus creating severe damage
and depreciation in value to the mobilehome.
Because of the limited availability of vacant spaces in mobilehome parks, the
age and condition of some mobilehomes and the cost of moving mobilehomes, it
is extremely difficult, if not impossible, to move a mobilehome from one park to
another within the City.
(B) There is presently within the City and the surrounding areas a shortage
of sites for the placement of mobilehomes.
(C) According to the Ukiah General Plan Housing Element, mobilehomes
presently constitute an important source of housing for persons of extremely low,
very low, low, and moderate income levels, who as a group are unable to afford
unreasonably large rent increases.
(D) A large number of persons living in mobilehomes are elderly, some of
whom live on small fixed incomes. These persons may expend a substantial
portion of their income on rent and may not be able to afford other housing within
the City.
(E) Rents for sites within mobilehome parks in the City have, prior to the
adoption of this chapter, increased substantially, with recent increases in one
park exceeding by a substantial amount the annual increase in the cost of living.
(F) Space rent increases at the time of sale or other transfer of a mobilehome
within a park have been shown to be substantially over the pre-transfer rent.
Such large rent increases at the time of sale of a mobilehome may unfairly
depress the sales price of the mobilehome and work an economic hardship on
the mobilehome owner. The annual rent increases and vacancy control
provisions of this chapter prevent this economic hardship while protecting the
property rights of owners.
(G) Because of the space shortage and potential for rapidly rising rents,
regulation is necessary to assure that economic hardship to a substantial number
of mobilehome owners in the City, many of whom are senior citizens on low fixed
incomes, does not occur.
(H) It is the purpose of this chapter to establish a speedy and efficient method
of reviewing certain requested mobilehome space rent increases in mobilehome
parks to protect mobilehome owners from arbitrary, capricious or unreasonable
site rent adjustments while insuring owners and/or operators and investors a fair
and reasonable return on their investment in their mobilehome park.
§2701: DEFINITIONS.
For the purpose of this chapter, the following words, terms and phrases shall
be defined as follows:
(A) "Affected mobilehome owners" means those mobilehome owners whose
space is not covered by a valid lease meeting the requirements of section
798.17(b) of the California Civil Code or otherwise legally exempt from local rent
control regulation.
(B) "Arbitrator" means a person who is neither a mobilehome owner nor has
an interest in a mobilehome park of a nature that would require disqualification
under the provisions of the Political Reform Act if the person were a designated
City employee, has experience in analysis of financial records, and meets one of
the following criteria:
2
(1) Licensed attorney or CPA who is qualified by experience or training to
conduct the arbitrations authorized by this chapter.
(2) Membership in the American Arbitration Association with expertise in
rental dispute arbitration; or
(3) Service as a judge in a state or federal court.
(C) "Capital improvement" means those improvements which directly and
primarily benefit and serve the existing mobilehome owners by materially adding
to the value of the park or adapting it to new uses, and which are required to be
amortized over the useful life of the improvements pursuant to the provisions of
the Internal Revenue Code. "Capital improvement costs" means all costs
reasonably and necessarily related to the planning, engineering and construction
of capital improvements and shall include debt service costs, if any, incurred as a
direct result of the capital improvement. Capital improvement does not include
ordinary maintenance or repairs or Capital replacements.
(D) "Capital replacement" means a capital expenditure as defined by the
Internal Revenue Code which replaces, upgrades or repairs an existing
improvement, such as, but not limited to, an on-site water or electrical distribution
or sewage collection system, a street, a parking area, or common facility, such as
a laundry, community kitchen or meeting room. If the expenditure qualifies for
treatment as a capital expenditure which must be depreciated under the Internal
Revenue Code, it is a capital replacement. If it can be fully deducted in one year
as a business expense, it does not qualify as a capital replacement.
(E) "City" means the City of Ukiah, California.
(F) "Clerk" means Clerk of the Ukiah Mobilehome Rent Stabilization
Program, who shall be an employee or independent contractor designated by the
City Manager as the Clerk and assigned the Clerk's duties as prescribed by this
chapter or as needed for the proper implementation of this chapter.
(G) "Consumer Price Index" or "CPI" means the Consumer Price Index for all
urban consumers in the San Francisco/Oakland/San Jose area published by the
United States Bureau of Labor Statistics.
(H) "Department" means the Department of Community Development of the
City of Ukiah.
(1) WRL" means the California Mobilehome Residency Law.
(J) "Mobilehome" means
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(1) a structure designed for human habitation and for being moved
on a street or highway under permit pursuant to Section 35790 of the Vehicle
Code, including a manufactured home, as defined in Section 18007 of the Health
and Safety Code, and a mobilehome, as defined in Section 18008 of the Health
and Safety Code, but, except as provided in subdivision (2), does not include a
recreational vehicle, as defined in Section 799.29 of the Civil Code and Section
18010 of the Health and Safety Code or a commercial coach as defined in
Section 18001.8 of the Health and Safety Code.
(2) "Mobilehome," for purposes of this chapter, also includes trailers
and other recreational vehicles of all types defined in Section 18010 of the Health
and Safety Code, other than motor homes, truck campers, and camping trailers,
which are used for human habitation, if the occupancy criteria of either
paragraph (i) or (ii), as follows, are met:
(i) The trailer or other recreational vehicle occupies a
mobilehome site in the park, on November 15, 1992, under a rental agreement
with a term of one month or longer, and the trailer or other recreational vehicle
occupied a mobilehome site in the park prior to January 1, 1991.
(ii) The trailer or other recreational vehicle occupies a
mobilehome site in the park for nine or more continuous months commencing on
or after November 15, 1992.
"Mobilehome" does not include a trailer or other recreational vehicle located in a
recreational vehicle park subject to Chapter 2.6 (commencing with Section
799.20) of the Civil Code.
(K) "Mobilehome park" or "park" means any area of land within the City of
Ukiah where two or more mobilehome spaces are rented, or held out for rent, to
accommodate mobilehomes used for human habitation.
(L) "Mobilehome space" means the site within a mobilehome park intended,
designed or used for the location or accommodation of a mobilehome and any
accessory structures or appurtenances attached thereto or used in conjunction
therewith.
(M) "Mobilehome owner" means a person who is the owner of a mobilehome
and legally occupies the mobilehome within a mobilehome park. Unless
otherwise indicated, mobilehome owner includes tenants.
(N) "Owner" means the owner or operator of a mobilehome park or an agent
or representative authorized to act on said owner's or operator's behalf in
connection with the maintenance or operation of such park.
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(O) "Party" as used in this chapter refers to any affected mobilehome owner
and/or owner involved in proceedings under this chapter.
(P) "Prospective mobilehome owner" means a person who is in the process
of negotiating a tenancy in a mobilehome park.
(Q) "Rent" means the consideration paid for the use or occupancy of a
mobilehome space.
(R) "Rent stabilization administration fee" means the fee established from
time to time by resolution of the City Council in accordance with the provisions of
the chapter.
(S) "Rent increase" means any increase in base rent charged by an owner to
a mobilehome owner or offered to a prospective mobilehome owner.
(T) "Tenant" means the person or persons who have signed a lease of a
mobilehome park space as the lessee of the space.
2702: BASE RENT.
Except as provided in this chapter, an owner shall not demand, accept or
retain rent for a mobilehome space exceeding the base rent which shall be the
rent in effect for that space on November 19, 2010. If a previously rented
mobilehome space was not rented on November 19, 2010, the base rent shall
not exceed the rent in effect during the last month the space was rented prior to
November 19, 2010, except as provided in this chapter. For a mobilehome space
first rented after November 19, 2010, the owner shall establish the base rent. For
parks annexed into the City after November 19, 2010, the base rent shall be the
rent charged on the effective date of a park's annexation into the City.
§2703: CONSUMER PRICE INDEX, UTILITIES AND OTHER PASS
THROUGHS.
(A) Consumer Price Index. An owner, once in any 12-month period, may
impose a rent increase for a mobilehome space by 100 percent of the
percentage increase, if any, in the Consumer Price Index (CPI) during the most
recent 12-month period ending in October; provided, however, the rental
increase shall not exceed five percent of the previous rent charged for the space.
If an owner has obtained a rent increase under subsection 2704(B), the owner
may calculate the rent increase allowed by this subsection based upon.the
approved comparable rent as allowed in subsection 2704(B) instead of upon the
actual rent in effect at the time of the increase.
(B) If the change in the CPI exceeds five percent for two consecutive years,
the Clerk shall review the maximum rent increase and recommend an ordinance
amendment if appropriate.
(C) Government Mandated Expense Pass Through. An owner may pass
through to affected mobilehome owners any new or increase in government
mandated capital expenditures and operating expenses including taxes (other
than the two percent annual increase authorized by California Constitution Article
XIIIA, section 2(b)) and assessments, fees and mandated expenses due to code
changes subject to the following procedure:
(1) Upon a petition signed by one adult mobilehome owner for each of 50
percent of the spaces subject to rent control in a mobilehome park or 50 spaces,
whichever is less, and filed with the Clerk within 30 days of the date the owner
gives notice of a government mandated expense pass through to every affected
mobilehome owner, the Arbitrator, in accordance with the meet and confer and
arbitration procedures provided in this chapter, vmay disallow or decrease the
proposed pass through based upon substantial evidence in the record that the
pass through is not legally proper, or is excessive, or that during the pass
through period the owner is including an unreasonably high financing cost and/or
return on the expense being passed through.
(D) Utilities. If not billed by the utility directly to the mobilehome owner, an
owner may separately pass through to a mobilehome owner charges for all
utilities, including, but not limited to, sewer, water, garbage, cable T.V., gas and
electricity, and any increases in such charges, subject to compliance with
Sections 3960-3963. Notwithstanding any provision to the contrary in this
section, the owner shall not pass through any charge or expense for gas or
electric service to the extent prohibited by section 739.5 of the California Public
Utilities Code.
(E) Capital Improvement Pass Through. An owner may charge to the affected
mobilehome owner as additional rent the pro rata share of new service and
capital improvement costs including reasonable financing costs if, prior to
initiating the service or incurring the capital improvement cost, the owner has:
(1) Consulted with the mobilehome owners prior to initiating construction of
the improvements or initiating the new service regarding the nature and purpose
of the improvements or services and the estimated cost of the improvements or
services;
(2) Obtained the prior written consent of at least one adult mobilehome
owner in each of a majority of the mobilehome spaces which are occupied by the
mobilehome owner to the proposed service or capital improvement. Each space
shall have only one vote.
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(F) Capital Replacement Pass Through. Notwithstanding the provision of
subsection E of this section, an owner may charge to the mobilehome owner as
additional rent the pro rata share of capital replacement costs including
reasonable financing costs, if not otherwise prohibited by law, subject to the
following procedure:
(1) The owner may seek advance approval for the proposed pass through,
before undertaking the capital project, by following the procedures set forth in
Sections 2709 to 2711. If the increase is approved by the Arbitrator, it shall not
be effective until the next regularly scheduled annual rent increase date, provided
that the 90-day notice is issued, the expense is actually incurred and that proper
verification is submitted. This verification shall include, at a minimum, proof of
actual costs and payment to vendors or contractors. In the event that the actual
cost of the capital expense is less than the approved amount, the increase shall
be adjusted to reflect this decreased amount;
(2) The owner shall give notice of the proposed pass through to each
affected mobilehome owner no later than 12 months after completion of the
capital replacement work;
(3) Upon a petition signed by one adult mobilehome owner of each of 50
percent of the spaces subject to rent control in a park or 50 spaces subject to
rent control, whichever is less, and filed with the Clerk within 30 days of the date
the owner gives notice of the pass through to every affected mobilehome owner,
the Arbitrator, in accordance with the arbitration procedure provided in this
chapter, may disallow or decrease the pass through for capital replacements
based upon substantial evidence in the record that the capital replacement was
not necessary, or that the cost of the capital replacement was excessive, or that
during the pass through period, the owner is including an unreasonably high
financing cost and/or return on the expense being passed through. The owner
shall have the burden of proving the necessity for and reasonable cost of the
capital replacements. In determining whether the owner has met its burden of
proving the necessity for and reasonable cost of the capital replacement, the
Arbitrator may consider, among other factors, the reasonableness of the owner's
history of maintenance of the property or improvement to be replaced. The
Arbitrator's review will include, but not necessarily be limited to, the records
reflecting past maintenance work and the cost.
(G) All charges passed through by the owner to the mobilehome owners
pursuant to subsection C and D of this section and additional rent charged
pursuant to subsections E and F of this section must be separate from the base
rent and listed separately. All billings used to calculate a pass through or
additional rent to mobilehome owners must be disclosed within a reasonable time
upon request by a mobilehome owner.
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(H) Notice. A written notice of each rent increase or new or increased capital
improvement or capital replacement pass through charge made under the
provisions of this section shall be filed by the owner with the Clerk, and provided
to each affected mobilehome owner, at least 90 days before the rent increase
goes into effect or as required by the MRL. The notice shall identify the park and
shall specify the dollar amount of the increase, the percentage of the increase,
an itemization of all new or increased pass throughs and additional rent charges,
the specific space affected, the date the increase will go into effect, how each
increase was calculated, and the date the rent on each affected space was last
increased. The notice shall also advise each affected mobilehome owner of any
right to petition for review of a proposed rent increase and that a petition form
may be requested from the Clerk.
(1) Whenever a time period is prescribed for filing an application or petition,
the application or petition shall be deemed filed when it is first filed with the Clerk,
even if the Clerk determines that the application or petition is not complete,
provided that the Clerk determines that application or petition is complete, as a
result of additional submissions by the applicant or petitioner, within thirty days of
the initial filing.
§2704: IN-PLACE TRANSFER RENT INCREASES-ESTABLISHMENT OF
NEW BASE RENT.
(A) Whenever either of the following events occurs, an owner shall be
permitted to charge a new base rent for the mobilehome space as provided in
this section:
(1) The termination of the tenancy of the affected mobilehome owner in
accordance with the MRL (California Civil Code sections 798.55 through 798.60,
as amended, excepting section 798.59); or
(2) The voluntary permanent removal of a mobilehome by a mobilehome
owner. A removal of the mobilehome from the space for the purpose of
performing rehabilitation or capital improvements to the space or for the purpose
of upgrading the mobilehome shall not constitute a voluntary removal of the
mobilehome.
(B) Upon the sale of a mobilehome in-place, an owner may implement an
increase of the base rent for that space in an amount equal to the lesser of 10%
the rent for that space then in effect or the average of the three highest space
rents in the park then in effect. This in-place rent increase may be implemented
for a maximum of three in-place transfers of the mobilehome in that space.
(C) Except as provided in subsections (A) and (B) an owner may not
condition an in-place transfer of a mobilehome or condition assignment of an
existing lease to a prospective mobilehome owner, upon agreement to an
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increased rent in anticipation of the in-place transfer. This subsection shall not
apply to specific conditions included in a lease exempt from rent control which
allows an owner to condition assignment in a manner prohibited by this section.
For purposes of this subsection, "a lease exempt from rent control" means a
lease meeting, in all respects, the criteria of Civil Code section 798.17(b), as
such criteria are presently enacted or may hereafter be amended.
§2705: FAIR RETURN RENT INCREASES.
If an owner presents evidence to the Arbitrator, including any financial records
requested by the Arbitrator, which proves that the owner is denied a fair return by
the rent control provisions of this chapter, the Arbitrator may authorize an
increase in rents as deemed appropriate by the Arbitrator to provide a fair return
to the owner. The Arbitrator shall use the method set forth in subsection 2711(C)
to determine the fair return.
§2706: RENT FREEZE OR RENT ROLLBACK.
(A) Upon the petition signed by one adult mobilehome owner of 50 percent of
the spaces subject to rent control in a park or 50 spaces subject to rent control,
whichever is less, the Arbitrator may prohibit future rent increases for spaces
governed by this chapter, upon its determination that maintenance by the owner
has been substantially reduced and is insufficient to adequately maintain the park
in a habitable condition. The determination shall be based upon substantial
evidence in the record. The prohibition may be continued until the Arbitrator
determines that maintenance by the owner has been restored to a reasonable
level.
(B) Upon petition by one or more affected mobilehome owners, an Arbitrator
may prohibit future rent increases, or order a rollback of the existing rent as to
those petitioners, upon its determination that after November 19, 2010, an owner
instituted a rent increase inconsistent with the criteria established by this chapter.
The determination shall be based upon substantial evidence in the record. The
prohibition may be continued until the Arbitrator determines that the rent has
become consistent with this chapter.
§2707: TIME OF ALLOWED RENT INCREASE/ADJUSTMENT.
(A) Once within a 12-month period, the owner may implement a CPI rent
adjustment (subsection 2703(A)), if any, or a fair return increase (Section 2703),
but not both.
(B) A capital replacement pass through under subsection 2703(F) may only
be implemented on the effective date of the CPI or fair return rent adjustment.
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(C) The following increases or adjustments may be implemented at any time
during the year:
(1) Government mandated expense pass through (subsection 2703(C));
(2) Utility pass throughs (subsection 2703(D));
(3) Capital improvements (subsection 2703(E));
(4) In-place transfer rent increases (Section 2704).
Any increases subject to arbitration shall be implemented after the final ruling
of the Arbitrator.
(D) Rent freeze and rent rollbacks shall be implemented at the time they are
ordered (Section 2706).
§2708: ARBITRATION.
(A) Matters Subject to Arbitration.
(1) An owner shall file with the Clerk:
(a) An application seeking to increase space rents beyond 100 percent of the
CPI to provide a fair return to the owner as allowed by Section 2705.
(2) Affected mobilehome owners may file with the Clerk:
(a) A petition objecting to a government mandated expense pass through as
allowed by subsection 2703(C);
(b) A petition objecting to a capital replacement pass through as allowed by
subsection 2703(F);
(c) A petition for rent freeze as allowed by subsection 2706(A);
(d) A petition for rent rollback as allowed by subsection 2706(8).
(B) These petitions and applications shall be decided by the Arbitrator.
(C) Cost of Arbitration. The cost of arbitration shall be paid by the Clerk out
of revenue from the rent stabilization administration fee. The Arbitrator may
reimburse the City by assessing the cost of the arbitration to either party if the
Arbitrator determines that the position taken by the party is frivolous.
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§2709: PROCEDURES FOR FAIR RETURN NOTICE AND APPLICATION AND
PETITION FORMS.
(A) Notice. At least 10 days prior to submission of a fair return application or
a petition to the Clerk, the applicant or petitioner shall mail or deliver a notice and
a copy of the application or petition to the owner and each affected mobilehome
owner in the park. The notice shall be on a form specified by the Clerk. The
supporting documents for the application or petition shall be available for review
at the park's office and shall be posted on the City's website. One copy of the
supporting documents shall be provided by the applicant or petitioner at no cost
to the other party. All fair return notices shall include the following information:
(1) The amount of the rent increase both in dollars and as a percentage of
the existing rent, how it was calculated, an itemization of all pass throughs and
additional rent charges, information that explains and supports the level of
increase proposed including, at a minimum, a summary of the owner's net
operating income for the base year and the preceding 24 months and other
relevant information that supports the level of rent,increase desired, the effective
date of the increase and that copies of the supporting documents shall be
provided by the owner at no cost to the mobilehome owners' representative and
be available to the mobilehome owners at the park's office for inspection and on
the City's website;
(2) The name, address and telephone number of the Clerk or designee, a
statement to inform the mobilehome owners to contact the Clerk or designee for
an explanation of the provisions of this chapter, and that a roster of affected
mobilehome owners can be requested from the Clerk; and
(3) A copy of the official petition form which is to be used for the process
established by this chapter.
(B) Application/Petition Forms. The application or petition shall be filed with
the Clerk on the form prescribed by the Clerk and must be accompanied by all
supporting material necessary to support the request. The application and
petition shall contain the following declaration: "I declare under penalty of perjury
that the foregoing is true and correct." The application shall be dated and
subscribed by the applicant(s) and shall state the place of execution.
(1) Within five working days of receipt, the Clerk shall complete a preliminary
review of the application or petition. Applications or petitions which are
incomplete will not be considered properly filed.
(2) No further action shall take place on applications or petitions which are
not properly filed, and the Clerk may decline to accept such application and/or
return them to the petitioner immediately after the preliminary review with a
notice of the defects.
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(3) When the Clerk determines that the application or petition is complete,
the Clerk shall send a written notice of confirmation of receipt of a completed
application or petition to the parties.
(4) In capital replacement proceedings and in government mandated capital
expenditure and operating expense proceedings, affected mobilehome owners
shall have 30 calendar days after receipt of the confirmation of the completed
application to file with the Clerk a petition objecting to the rent increase signed by
one adult tenant in at least 50 percent of the mobilehome spaces subject to rent
control.
(C) Insufficient Objection-Capital Replacement or Government-Mandated
Pass Through Proceeding-Clerk Action. If less than the required number of
affected mobilehome owners object to a proposed capital replacement or
government-mandated pass through, or if objection is withdrawn, including any
amendments, before or after the meet and confer process, the Clerk shall
approve the requested pass through.
§2710: PROCEDURE FOR MEET AND CONFER.
Within 10 working days of the date of the Clerk's notice of a completed
application or petition and prior to assignment of an Arbitrator, affected
mobilehome owners and owners shall meet and confer with each other's
representatives. The time, place and date of the meeting shall be agreed to by
the parties or, if the parties cannot agree, determined by the Clerk. Written notice
of the scheduled meeting shall be given by the applicant or petitioner. At the
meeting, representatives of the parties shall exchange documentary evidence
that the parties, in good faith then know, will be used to support their respective
positions in an arbitration and discuss the issues in dispute. In the case of an
owner, all financial data upon which any proposed increase is claimed shall be
supplied to affected mobilehome owner representatives at the time of the meet
and confer meeting. The parties may request that the Clerk provide a mediator,
at no cost to the parties, to assist with the meet and confer process. The
Arbitrator may deny an application based on the applicant's failure to participate
in good faith in the meet and confer process.
§2711: PROCEDURES FOR ARBITRATION.
(A) The Clerk shall give written notice to the applicant or petitioners and
mobilehome owner representative that the application/petition has been referred
to arbitration.
(1) An Arbitrator shall be appointed in the following manner:
(a) The Clerk shall maintain a list of qualified arbitrators.
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(b) Assignment of Arbitrator and Hearing Date. The Clerk shall choose three
possible Arbitrators and present them to the residents' representative and the
owner. Within five days each party may challenge one candidate. The one
remaining shall be the selected Arbitrator. If both parties challenge the same
candidate, the Clerk shall choose between the two remaining candidates. The
Clerk shall set a date for the arbitration hearing no sooner than 30 or no later
than 40 days after the Arbitrator is assigned. The owner and affected
mobilehome owners shall be notified immediately in writing by the Clerk of the
date, time and place of the hearing and this notice shall be served either in
person or by ordinary mail. The parties may agree, in writing, to extend these
times. The Arbitrator may extend the date for the arbitration hearing upon a
showing of good cause.
(2) The Arbitrator shall conduct a hearing with the parties and/or their
representatives. During this hearing process, the concerns of each party shall be
discussed and the Arbitrator shall indicate the amount and nature of information
needed from any party in order to reach a determination. In fair return
proceedings in Section 2705, this shall include four years of the income and
expense portion of the general ledgers for the park. All information submitted
shall be in writing and shall be certified in the same manner as set forth in
subsection 2709(B).The applicant or petitioner shall have the burden of proof
unless other sections of this chapter specify otherwise. Each party shall comply
with the Arbitrator's request for information within seven days of the request.
Additional information provided to the Arbitrator shall be immediately available to
the owner or affected mobilehome owner representative which will have seven
days to give written comment to the Arbitrator. The Arbitrator may proceed under
this part regardless of whether any party defaults in providing any of the
requested information.
(B) Arbitration Determination.
(1) Within 21 days of the hearing, but no later than 90 days from the date of
the owner's rent increase notice, the Arbitrator shall deliver his or her decision on
the application or petition and a bill for services to the Clerk.
(2) The rent increase in a fair return proceeding shall not exceed the
increase requested in the application.
(3) The Clerk shall provide the result of the Arbitrator's decision to the
affected parties.
(4) The Arbitrator's decisions are final and not appealable to the City
Council.
(C) Method to Determine a Fair Return.
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(1) The base year for the purpose of this section shall be the last full fiscal
year prior to the park becoming subject to this chapter. The Arbitrator may
establish an alternative base year if the owner is unable to produce records of
the last full fiscal year prior to the park becoming subject to rent control.
(2) It shall be presumed that the net operating income produced by the
property during the base year provided a fair return. An owner shall be entitled to
rents to earn a just and reasonable return and to maintain and increase their
base year net operating income in accordance with subsection (C)(4) of this
section. This method is called maintenance of net operating income (MNOI) and
shall be included in all applications.
(3) The applicant or the affected mobilehome owners may present evidence
to rebut the presumption of fair and reasonable return based upon the base year
net operating income. To make such a determination and in order to adjust to the
base year net operating income, the Arbitrator must make the following finding:
(a) The owner's operating and maintenance expenses in the base year were
unusually high or low in comparison to other years. In such instances,
adjustments may be made in calculating such expenses so that the base year
operating expenses reflect average expenses for the property over a reasonable
period of time. In considering whether the base year net operating income
yielded more or less than a fair net operating income, the Arbitrator shall
consider the following factors:
(i) Substantial repairs were made due to damage caused by uninsured
disaster or vandalism;
(ii) Maintenance and repairs were below accepted standards so as to cause
significant deterioration of housing services;
(iii) Other expenses were unreasonably high or low notwithstanding prudent
business practice; and
(iv) The rent in the base year was disproportionately low due to the fact that it
was not established in an arms-length transaction or other peculiar
circumstances.
(4) Fair Net Operating Income. The Arbitrator shall submit a determination
based on rental income which will provide the owner a net operating income
which shall be increased by 100 percent of the percentage increase in the CPI
over the base year's CPI index. The base year CPI shall be the CPI for the first
day of June. For purposes of this section, the current CPI shall be the CPI last
reported as of the date of the completed application.
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(5) Net operating income of a mobilehome park means the gross income of
the park less the operating expenses of the park.
(6) Gross income means the sum of the following:
(a) Gross space rents computed as gross space rental income at 100
percent occupancy (but excluding rent attributed to a space occupied by a park
employee who receives the space rent free as part of the employee's
compensation); 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) All other pass through revenue received from mobilehome owners except
capital pass throughs and gas and electric; minus
(d) Uncollected space rents due to vacancy and bad debts to the extent that
the same are beyond the owner's control. There is a rebuttable presumption that
uncollected space rents in excess of the average of the current and past three
years uncollected rents (each year's rent shall be adjusted by the change in the
CPI between that year and the final year of the four-year period) are excessive
and shall not be deducted from gross income.
(7) Operating expenses means:
(a) Real property taxes and assessment;
(b) Advertising costs;
(c) Management and administrative expenses including the compensation of
administrative personnel;
(d) Repair and maintenance expenses for the grounds and common facilities
including, but not limited to, landscaping, cleaning and repair of equipment and
facilities;
(e) In addition to the management expenses listed above, where the owner
performs onsite managerial or maintenance services which are uncompensated,
the owner may include the reasonable value of such services. Owner-performed
labor shall be limited to five percent of gross income unless the Arbitrator finds
that such a limitation would be substantially unfair in a given case. No credit for
such services shall be authorized unless an owner documents the hours utilized
in performing such services and the nature of the services provided;
(f) Operating supplies such as janitorial, supplies, gardening supplies,
stationery and so forth;
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(g) Insurance premiums related to operation of the park prorated over the life
of the policy;
(h) Payroll taxes, business, utility, license and permit fees;
(i) Dues;
Q) Consultant services for park operation and maintenance;
(k) All operating expenses must be reasonable and necessary. Whenever a
particular expense exceeds the normal industry or other comparable standard,
the owner shall bear the burden of proving the reasonableness of the expense.
To the extent that an Arbitrator finds any expense to be unreasonable, the
Arbitrator shall adjust the expense to reflect the normal industry or other
comparable standard;
(1) There is a rebuttable presumption that expenditures in the current year
are unreasonable to the extent that they substantially exceed the average of the
current and past three years (each year's expenses shall be adjusted by the
change in the CPI between that year and the final year of the four-year period);
(m) Operating expenses shall not include the following:
(i) Mortgage debt service expenses;
(ii) Land-lease expenses;
(iii) Depreciation;
(iv) Income taxes;
(v) Electric and gas expenses included in Section 739.5 of the California
Public Utility Codes;
(vi) The cost of government mandated expenses (subsection 2703(C)),
capital improvements (subsection 2703(D)), or capital replacements (subsection
6-66.040(F)).
(8) Notwithstanding any other provisions of the ordinance codified in this
chapter, the Arbitrator is authorized to approve any rent increase that is
constitutionally required by law to yield a fair return.
(E) Subpoenas. The parties may obtain the issuance and service of a
subpoena for the attendance of witnesses or the production of other evidence at
the arbitration hearing. Subpoenas shall be issued and attested by the Clerk.
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Issuance of the subpoena must be obtained upon the filing with the Clerk of the
City of an affidavit or declaration, under oath, setting forth the name and address
of the proposed witness; specifying the exact things to be produced and the
relevancy to the issues involved; and stating that the witness as the desired
things in his/her possession or under his/her control.
Service of the subpoena on a witness to attend arbitration must be at least
five working days before the hearing. Service of a subpoena duces tecum must
be at least 21 days before the hearing. Any party served with a subpoena duces
tecum must produce copies of the requested items to the subpoening party no
later than 10 days before the hearing.
A subpoena need not be issued when the affidavit or declaration is defective
in any particular. No arbitration hearing may be continued due to the failure to file
a timely request, or to timely serve a subpoena. Any person who refuses, without
lawful excuse, to attend the arbitration or to produce relevant evidence as
required by a subpoena served upon that person shall be guilty of a
misdemeanor.
No subpoena shall issue until after the parties have met and conferred as
required in Section 2710.
(F) Increases for Capital Expense. Increases attributed to a capital expense,
as approved by the Arbitrator to provide a park with a fair return, shall not be
included in base rent. These increases must be separately itemized on the
monthly rent invoice and terminate at the end of the approved amortized period.
Advance approval and effective date of the increase shall be as allowed in
subsection 2703(F)(1).
(G) Rent Increase Effective Date. Rent increases approved by the Arbitrator,
as determined necessary to provide an owner with a fair return, shall be allowed
upon the effective date given by the applicant in the notice to the affected
mobilehome owners, required in section 798.30 of the California Civil Code.
§2712: REFUSAL OF MOBILEHOME OWNER TO PAY ILLEGAL RENT.
An affected mobilehome owner may refuse to pay any rent in excess of the
maximum rent permitted by this chapter. The fact that such unpaid rent is in
excess of the maximum rent shall be a defense in any action brought to recover
possession of a mobilehome space for nonpayment of rent or to collect the illegal
rent.
§2713: DISCLOSURES.
An owner shall disclose to each prospective tenant the current and proposed
base rent for the mobilehome space and the rental agreement options required
17
by this section and Section 2714, provided each prospective tenant with a copy
of this chapter, and disclose to the prospective tenant that if the prospective
tenant signs a lease with a term of more than one year, that lease will be exempt
from rent control. The owner shall give the required disclosure and provide a
copy of this chapter to the prospective tenant at the time that the owner, or
owner's representative, receives the prospective tenant's application for tenancy.
The required disclosures shall be made in a form approved by the Clerk, and the
owner shall obtain a signature of the prospective tenant on the disclosure form
acknowledging receipt of the disclosures. An owner must retain the signed
disclosure form throughout the entire tenancy of the tenant. This signed form
shall be made available to the Clerk upon reasonable written notice.
§2714: PROSPECTIVE MOBILEHOME OWNER-TENANCY 12 MONTHS OR
LESS.
All prospective tenants shall be offered the option of a tenancy of 12 months
or less upon terms consistent with the provisions of the ordinance codified in this
chapter. This section shall not apply to prevent a mutually agreed upon
assignment between an owner and an existing mobilehome owner of an existing
lease, provided any such assignment does not violate subsection 2704(C).
§2715: RENT STABILIZATION ADMINISTRATION FEES.
All or any portion of the costs to administer this chapter may be collected by
the imposition of an annual rent stabilization administration fee established by
resolution of the City Council. The fee shall be chargeable against the total
number of mobilehome spaces in the City subject to rent control determined on a
date certain each year to be established by the City Council. The owner who
pays these fees may pass through to the mobilehome owners, subject to rent
control on the date established by the City Council, 50 percent of the fees
assessed against a mobilehome space. The fee shall be due on a date
established by the City Council but may be paid in quarterly installments by the
owners. Owners of parks annexed to the City after November 19, 2010, shall be
charged the fee established by resolution beginning on the effective date of the
annexation.
§2716: AMENDMENT.
Any amendment to this chapter shall require a prior public hearing before the
City Council with notice thereof published in a newspaper of general circulation in
the City at least 10 days prior to the hearing.
§2717: VIOLATION.
18
Every person who violates any provision of this chapter is guilty of a
misdemeanor. This section shall not apply to the Arbitrator or officers or
employees of the City.
SECTION TWO
1. COMPLIANCE WITH CEQA. The City Council finds that this ordinance is not
subject to the California Environmental Quality Act ("CEQA") pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment), 15061(b)(3) (there is no possibility the activity in
question may have a significant effect on the environment.)
2. SEVERABILITY. If any provision of this ordinance or the application thereof to any
person or circumstance is held invalid, the remainder of the ordinance and the
application of such provision to other persons or circumstances shall not be affected
thereby. The City Council hereby declares that it would have adopted this Ordinance
and any section, subsection, sentence, clause or phrase thereof irrespective of the fact
that any one or more sections, subsections, sentences, clauses or phrases be declared
unconstitutional or otherwise invalid.
3. EFFECTIVE DATE. This Ordinance shall be published as required by law in a
newspaper of general circulation in the City of Ukiah, and shall become effective thirty
(30) days after its adoption.
Introduced by title only on , 2010, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Adopted on , 2010, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Benj Thomas, Mayor
ATTEST:
JoAnne Currie, City Clerk
19
q- I U.- LO - VU
r
Jane Chambers
From:
Joseph W. Carroll fiwc-mhlaw@sbcglobal.net]
Sent:
Wednesday, October 06, 2010 5:45 PM
To:
Jane Chambers
Cc:
David Rapport
Subject:
Ukiah Rent Control Ordinance
Dear Ms. Chambers:
Thank you for taking my call this afternoon. As we discussed, my client is RT Enterprises, the management
and ownership group for Rancho Del Ray Mobilehome Park. Be advised, the first notice my client received
about the meeting tonight was the overnight package of tonight's agenda and a copy of the proposed rent control
ordinance which was received this morning. Until that point, neither my client nor myself had heard from
the Ukiah city staff or any Ukiah City Council members regarding this issue.
My client is very interested in meeting with the council and attempting to draft a long term "Memorandum of
Understanding" which would control rent increases during the next several years. However, we have not been
contacted by any members to discuss meeting to negotiate. My client would be willing to generally accept a
reasonable increase each year and/or discuss a long term lease situation.
Alternatively, if the city council votes in favor of the ordinance, my review of the proposed ordinance shows
there are several problems with the language. Although the ordinance is very similar to the current Santa Rosa
rent control ordinance, there are several changes which have been made to the proposed ordinance which are
subject to legal challenge. For example, upon turnover the Santa Rosa ordinance allows a space rent increase of
$50.00 to the new purchaser/occupant of the home. However, the proposed Ukiah ordinance limits the increase
to 10 percent of the existing space rent or the average of the three highest rents in the park, whichever is lower.
This issue is currently before the Ninth Circuit and the City should want to proceed with extreme caution before
voting in favor of an ordinance which has language which may be illegal and/or unconstitutional and could lead
to the City being named as a defendant in future litigation.
Again, I have not had time to review the proposed ordinance in depth because of the fact I just received the
proposed ordinance from my client today. However, my client is willing to sit down with residents and city staff
or council members and negotiate a long term solution to this problem.
I am available to meet either tomorrow or Friday or can meet Friday of next week with the residents of the park
to discuss a long term solution.
Thank You,
Joe Carroll
Joseph W. Carroll
Attorney at Law
2131 Capitol Avenue, Suite 307
Sacramento, CA 95816
Telephone: (916)443 -9000
Facsimile: (916)443 -9090
iwc-mhlawa),sbcglobal.net
Confidentiality Notice
The information contained in this email is intended to be personal, confidential and/or protected by the attorney-
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James C.Kuppenbender The Law Offices of James C. Kuppenbender
Iaw(ftuppenbender.com
575 University Avenue, Suite 180
Jon Lrg burg
nbu rgCakuppe nbe tide r.co in Sacramentor CA 95825
ioldebu
t: (916) 641-6811 f: (916) 641-1931
www.kuppenbenderiaw.com
October 5, 2010
Via U.S. Mail /Email/Facsimile
Mayor Benj Thomas
City of Ukiah
C/O City Clerk's Office
300 Seminary Avenue
Ukiah, CA 95482
And
Ukiah City Council Members: Phil Baldwin, Mari Rodin, Douglas F. Crane, and Mary Anne Landis
Re: Possible Introduction of Mobile Home Rent Stabilization Ordinance: Set for
Discussion October 6 2010 During City Council Meeting
Dear Mayor Thomas and Ukiah City Council Members:
This office represents Storz Management, a very reputable mobile home park management
company that manages properties throughout the Western United States, but is more centralized in
California and Oregon. It has come to our attention that various proponents of a rent control have
urged the City Council and the Mayor to align with their efforts in instituting rent a rent control
ordinance in the City of Ukiah. This office and Storz Management have reviewed and researched
extensive studies as well as other research on the issue. We have found that rent control can
actually be very detrimental and costly to your community and taxpayers.
First and foremost, rent control is contrary to the capitalistic system of the United States
because it places artificial rent restrictions which can seriously impact property values. As such,
rent control ordinances are subject to legal challenge.
In the Guggenheim v. City of Goleta case, Daniel Guggenheim, Susan Guggenheim and
Maureen H. Pierce v. City of Goleta, et al (2007) 582 F.3d 996, the Court held that while rent control is
not precluded by the provisions of the Court's findings, the Court has found that rent control is and
will be interpreted as a "regulatory taking" under the Constitution. This taking will require
11 11 age
remunerations to the owner for the loss of value to his or her real property as a result of the rent
control. The Court in the Guggenheim case found that the City had imposed a burden of 80%
housing subsidy on a private property owner which caused an enormous wealth and property
transfer from the park owners to the mobile home park tenants. The issue before the Court was
whether that burden can be imposed on park owners without causing a compensable taking. The
Court stated, "it cannot". The Courts held that, "if the City were to require property owners at large
to dedicate 80% of their property for affordable housing, there is little doubt that such a regulation
would be deemed a taking." The Court concluded that "In short, appellants contend that additional
reductions of rent on grounds of hardship accomplishes a transfer of the landlord's property to
individual hardship tenants; the ordinance forces private individuals to shoulder the "public
burden" of subsidizing their poor tenant housing." Because of the rent subsidies, the Court's found
that an average mobile home worth $12,000 would sell for $100,000. The Courts further found that
the rent control ordinance (RCO) was an unconstitutional regulatory taking and that the park
owners were entitled to just compensation." While this case is on appeal, the city of Goleta faces
hundreds of millions of dollars in compensatory damages to the landowner for using rent control
ordinances to improperly pass a public burden onto a private citizen.
I recently attended a city council meeting in Galt, who also considered rent control. As we
did with the City of Galt, we can provide substantial research on the negative effects of rent control.
We have also researched public programs to assist needy tenants and we can provide you with
information regarding the same. To my knowledge, the City of Galt has halted development of a
RCO due to the negative ramifications.
This leads also into a very important issue. Blanket rent control artificially freezes rents for
those who are on limited incomes, but also does so for those that are not on limited income and do
not require or need the assistance of rent control when it comes to the payment of fair rents. It is
far more lucrative from the City's standpoint, and cost efficient to administer a subsidy program in
which those that actually qualify are provided rent subsistence funds from the general funds to
assist in their payment of rents. Many park owners, including Storz Management, have programs
to provide for rent subsidies to those who may require the same. These programs make targeting
those who need assistance possible. Therefore, the private property owners are not burdened by
governmental agencies who impose obligations to provide low-income housing. This will fall
directly on your taxpayers.
Another salient fact emanated from the city council meeting in Galt and from the particular
tenants themselves was that the rents in the Galt community were "reasonable". The proponents of
rent control could not provide any evidence that rents being charged by the mobile home park
owners were unreasonable, but only that they feared that if unchecked, they could become
unreasonable. In fact, several tenants testified the rents were reasonable, but the reason that their
rents became unaffordable was because governmental utility had increased by 200%. It is often the
utilities and not the actual rent being charged by the mobile home industry which is inordinately
drive up the cost of living for such tenants.
In conclusion, there are many other programs which are much more viable, fair and
sustainable to assist low income tenants, such as subsidy programs and long term leases.
Artificially freezing rents not only seriously undermine real property values and fair market
conditions, it will ensureable face legal challenges and substantial legal fees that can be well into the
hundreds of thousands of dollars. This decision must also be considered that in light of the
Guggenheim case, should an ordinance artificially sustain or reduce current rents below market,
2 1 P a g e
these actions would be considered to be a "taking", subjecting the city or county to millions of
dollars in compensable damages.
Storz Management would offer their cooperation to assist in any due diligence and
discussion that the City Council and/or the Mayor's Office needs to help understand the true
practical issues behind rent control and the disadvantages it brings to all those involved.
Very truly yours,
THE LAW OFFICE OF JAMES C. KUPPENBENDER
Dictated but not read
Sent to avoid delay.
James C. Kuppenbender, Attorney at Law
3 1 P a g e
ITEM NO. 10b
DATE: October 6, 2010
City of Ukiah
AGENDA SUMMARY REPORT
SUBJECT: DISCUSSION AND POSSIBLE DIRECTION OF THE FUNCTION AND
FUTURE OF THE ORR STREET BRIDGE
SUMMARY: The Orr Street Bridge is between Ford Street and Brush Street and spans
Orr Creek. On August 6, 2008 the City Council awarded a professional services
agreement to LACO Associates in an amount not to exceed $9,500 for preparation of bid
documents for replacement of the Orr Street Bridge deck. At that meeting several
members of the Wagenseller's community stated that they had an issue with the current
functional use of the bridge. Staff explained that the award of the contract was not going
to determine the bridges future use and, that regardless of the use; the prudent course of
action was to explore a way to repair the deck of the bridge. The concerns of the
Wagenseller's community were further explored through a few meetings with staff to
identify issues and alternatives to the bridges current use.
The plans that LACO delivered required some further analysis. The City hired Rau. and
Associates to do a peer review of the plans. This review exposed some issues with the
bridge and with the LACO plans. Most significant was the fact that the LACO design may
Continued to page 2
Fiscal Impact:
Budgeted FY
X
10/11 New Appropriation
I-1 F1 11
Amount Budgeted Source of Funds (title and
$125,000 699 Special Project Reserve
Not Applicable F1 Budget Amendment
Required
Account Number Additional Appropriation
699.3110.930.016
RECOMMENDED ACTION: Discuss and give direction to staff on the future. use and
function of the Orr Street Bridge.
ALTERNATIVE COUNCIL POLICY OPTIONS: None
Citizen Advised: Wagenseller's community representatives.
Requested by: Tim Eriksen, Director of Public Works / City Engineer
Prepared by: Tim Eriksen, Director of Public Works / City Engineer
Coordinated with: Jane Chambers, City Manager
Attachments: 1. Aerial photo of existing bridge
2. Budget Sheet
APPROVED:
an Chambers, ity Manager
Page 2
be cost prohibitive. An update to this design has been put on hold pending the direction of
the Council on this item.
The City's Street Department has been patching this bridge together for many years to
keep it safe and usable for the relatively significant cut-through traffic (vehicles having their
origin and destination outside of the area) that used the bridge prior to the opening of the
Jason J. Buzzard Memorial Bridge. However, on February 6, 2009, the City Engineer
determined that the bridge had become unsafe for public traffic and the bridge was closed
for public use and has been closed since that date. Since the bridge has been closed for a
year and a half it needs to be repaired. Staff is now requesting direction for the ultimate
use and function of the bridge. Once that is determined the bridge can be repaired and/or
reconstructed for that purpose and use.
OPTIONS: There are many options for the bridge use. However, this report will address
the three.options that have been suggested the most frequently by the community and
staff.
1. PEDESTRIAN AND BICYCLE BRIDGE WITH NO TRAFFIC PERMITTED.
This option is most favored by many in the Wagenseller's community, and includes
the possibility of narrowing the bridge to restrict traffic to pedestrians and bicycles.
There are many advantages to this option that have been expressed by neighbors.
It would provide a route between to busier streets that would allow for bikes and
pedestrians to have a refuge from auto mobile traffic. This option would also
provide a quieter environment for the residents who live adjacent to the bridge.
Another benefit that the community believes is that this could be a portion of a
bigger bike and pedestrian path only.
This option also has some disadvantages. If this road is closed off to through traffic
then the City should provide some option for vehicles to turn around. A cul-de-sac
would be the most optimal however the City does not have adequate right of way to
provide that kind of facility (Attachment 1). Another disadvantage is the result of
dead end streets. Many discarded items tend to collect in these kinds of places.
Shopping carts, discarded appliances, and other abandoned items are all
candidates to collect in this area. Another disadvantage of this option is the
elimination of emergency vehicle access. City staff has not yet had a full discussion
within Public Safety regarding the impacts of full street closure. This could be an
issue for fire and ambulance services.
2. REOPEN BRIDGE TO TRAFFIC.
While many would argue that closing the Orr Street Bridge will reduce traffic, the
opposite effect is more likely to occur. Accommodating vehicular traffic on the Orr
Street bridge creates an additional access point within the local neighborhood,
making possible alternative travel routes and thus offers several advantages:
reduced congestion and internal travel volumes; diffusion of the traffic impact on the
road system; and continuity in the internal street system for emergency and delivery
Page 3
services. The frequency of cut-through traffic (vehicles having their origin and
destination outside of the area) will be minimal due to the recent construction of the
Orchard Avenue Bridge, which now provides the quickest and easiest route
between North Orchard Avenue and North State Street.
3. ONE LANE BRIDGE THAT WOULD SUPORT BOTH FUNCTIONS.
This option would consist of splitting the bridge into two lanes. One for bicycle and
pedestrians and one for vehicles separated by some type of traffic rated barrier.
The one lane for vehicle use would be stop sign controlled and require vehicles to
only proceed after the bridge is clear of vehicles in the oncoming direction. The
advantages to this option combine most of the advantages of the first two options.
However, the noise of the traffic would still be perceived as an issue for neighboring
residents. Staff is confident that the type of material used for the deck would
mitigate this issue. This option may have more costs than either of the other two,
as some kind of traffic wall would need to be constructed for traffic separation.
FISICAL ISSUES: Repairs to this bridge were included in the 2010/2011 budget and
funded for $125,000 (Attachment 2). This project was also included in the Capital
Improvement Program (CIP) presented to the City Council during the budget process.
Allachment # 1
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DRAFT
10 July, 2009
Dear Ukiah City Council Members,
We are writing this letter to provide community input from the Wagenseller
Neighborhood Association about the future of the little, but important Orr Street (Creek)
Bridge. Our proposal comes after lengthy discussion and eventual consensus on key
points.
Our proposal is this: after the opening of the Orchard St Bridge, the Orr Street Bridge
will be closed to through traffic except for emergency vehicles, and open primarily to
pedestrians and bicycles. Our vision is that the bridge retain its quaint quality to provide
an aesthetically pleasing experience for walking, strolling, and pedaling, connecting the
old neighborhood to the newer, still forming Brush Street area. A public walking path
along the creek east of the bridge would be a quality addition to our neighborhood.
The 16' 9" wide bridge will be divided into two lanes: a four foot designated pedestrian
lane, and a 12 foot wide single auto lane that will be closed to through traffic with rubber
pylons, the kind that can be driven over by emergency vehicles whenever necessary.
Pedestrians and autos will be separated by a hard barrier for safety. The aesthetically
pleasing version will cost less than the currently planned cement and steel upgrade.
Money saved would go into a special fund to purchase land for a park or recreation in the
Wagenseller district.
BACKGROUND
HISTORY: Neighborhood members maintain that the plan to close the little bridge to
through traffic was promised years ago. Former Mayor, Eric Larson, states that it was
part of the plan in the mid 1990's when Kmart impact fees were negotiated and
designated for the future Orchard St. Bridge. [DIANE: Facts about General Plan Here]
TRAFFIC: "Tipping point" and "breaking point" are terms local residents have
repeatedly used to describe pressures on the neighborhood. One major complaint has
been the high volume and excessive speed of automobile traffic combined with the lack
of sidewalks in a neighborhood that many people walk.
PARK LAND FOR THE NEIGHBORHOOD
This caveat is the Wagenseller group's old refrain. City officials have heard it many
times. We want a park! The old Wagenseller addition is a high density, at-risk area with
constant foot traffic, dilapidated infrastructure and no green gathering space within
walking distance. On April 1 lth 2007, planning commissioner, the late Ken Anderson
declared that he would not vote for one more development in the Wagenseller
neighborhood until there was a plan for a park. Two years later the plan has yet to occur.
Yet the Brush street area still offers opportunity for a park AND money saved on the Orr
Street bridge could be the beginnings of a plan.
VOTE
Please vote for our proposal of an aesthetically pleasing, bike and pedestrian friendly, Orr
Street bridge that is closed to traffic except for emergency vehicles. We further ask you
to take action on developing a plan for a park in the Wagenseller Neighborhood.
With sincere appreciation for your consideration, your time and your service,
Respectfully,
Ann Kelly
Wagenseller Neighborhood Association
City oJ' Ukia t
ITEM CVO.: 10c
MEETING DATE:
AGENDA SUMMARY REPORT
October 6, 2010
SUBJECT: CONSIDERATION OF APPROVAL OF A RESOLUTION ENCOURAGING THE
MARINE LIFE PROTECTION ACT INITIATIVE BLUE RIBBON TASK FORCE AND CALIFORNIA
FISH AND GAME COMMISSION TO SUPPORT AND ADOPT THE REGIONAL STAKEHOLDER
GROUP MARINE PROTECTED AREA (MPA) ARRAY PROPOSAL (UNIFIED MPA ARRAY); AND
POSSIBLE APPOINTMENTS OF TWO AGENCY REPRESENTATIVES
Background: At its August 4 Regular Meeting, the City Council discussed and approved adoption of the
Marine Life Protection Act Memorandum of Agreement (item 1 Ob) with the addition of the changes the
County of Mendocino requested which include 1) written notice of withdrawal in item 7, and adding a new
item 8 to include mutual indemnification. This MOA authorized the participation by the City in the regional
stakeholder group Now the Resolution before Council is the proposal from the stakeholders group to send
forward to the MLPA Blue Ribbon Task Force and to CA Fish and Game for their proposed adoption.
Summary of the Issue: The California Marine Life Protection Act (MLPA) calls for the reexamination and
redesign of California's MPA system to increase its coherence and effectiveness at protecting the state's
marine life, habitat, and ecosystems. The MLPA Initiative is a public / private partnership that has been
designing a new MPA system for the North Coast (Point Arena to the Oregon border). As part of the MLPA
Initiative process, a regional stakeholder group was formed to design MPAs. The Regional Stakeholder
Group has completed an MPA Array design that will be moved forward to the MLPA Initiative Blue Ribbon
Task Force and CA Fish and Game Commission for adoption. There is concern that the Blue Ribbon Task
Force will modify the Regional Stakeholder Group's proposal, as they have in other regions. The Regional
Stakeholder Group was successful in reaching a compromise that is accepted by diverse stakeholders and
any changes by the Blue Ribbon Task Force would essentially undermine that work.
There is certainly debate about the appropriateness of implementing any new MPAs on the North Coast
during a time when existing regulations are stringent; fisheries are sustainable or recovering; adequate
science is lacking to support creating new MPAs on the North Coast; and economic conditions are poor.
However, it is apparent that MPAs will be implemented in the near future. It is important to show support for
the Unified MPA Array as a compromise which achieves the goals of the MLPA while minimizing
socioeconomic impacts.
Fiscal Impact:
Budgeted FY 10/11 1-1 New Appropriation Not Applicable Budget Amendment Required
F-1 F-X1
Recommended Action(s): Staff recommends adoption of the Resolution which encourages the Marine
Life Protection Act Initiative Blue Ribbon Task Force and California Fish and Game Commission to
support and adopt the Unified Marine Protected Area Array Proposal that was developed by the
Regional Stakeholder Group during round three of the North Coast Marine Life Protection Act Initiative
process; and Possible Appointments of Two Agency Representatives
Alternative Council Option(s): Do not adopt the resolution and remand to staff.
Citizens advised:
Requested by: Dr. Jeanine Pfeiffer, U.C. Davis
Prepared by: Linda Brown, Administrative Assistant to the City Manager
Coordinated with: Jane Chambers, City Manager
Attachments: 1) Proposed Resolution, 2) Map North Coast Proposed Marine Protected Areas
Approved:
Ja a Chambers, City Manager
Attachment 1
RESOLUTION NO. 2010-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ENDORSING THE
UNIFIED MARINE PROTECTED AREA ARRAY
WHEREAS, the California Marine Life Protection Act (MLPA) calls for the
reexamination and redesign of California's Marine Protected Area (MPA) system to
increase its coherence and effectiveness at protecting the state's marine life, habitat, and
ecosystems; and
WHEREAS, it is consistent with the MLPA and good public policy to redesign
California's MPA system in a manner that gives meaningful consideration to the
sustainability of ecological, economic, cultural, and social systems; and
WHEREAS, North Coast fisheries are currently sustainable or rebuilding under
existing regulations'; and
WHEREAS, recent scientific research has demonstrated that the California Current
Ecosystem is one of the most conservatively managed ecosystems in the world 2; and
WHEREAS, Mendocino County, Humboldt County and Del Norte County are
classified as vulnerable to changes in fisheries management measures3 due to factors such
as high economic dependence on fishing, high community isolation, limited industry
diversification, high unemployment, and high poverty rates; and
WHEREAS, the MLPA Initiative Regional Stakeholder Group unified during Round
Three of the MLPA Initiative process to develop a consensus based MPA array (Unified
MPA Array) that meets the goals of the MLPA while minimizing impacts to social, cultural,
and economic systems; and
WHEREAS, we recognize that, due to significantly distinct ecological, social,
cultural and economic conditions in the North Coast, the Unified MPA Array does not
precisely meet all the guidelines established by the MLPA Initiative Science Advisory
Team, yet represents an MPA network consistent with the spirit of those guidelines and the
goals and elements identified in the MLPA legislation; and
WHEREAS, the long term success of MPAs will require acceptance by local
communities; and although many community members do not believe any new MPAs are
warranted, the Unified MPA Array represents a compromise acceptable to North Coast
residents, including recreational fishermen, commercial fishermen and conservation
advocates; and
WHEREAS, California Indian Tribes and Tribal Communities are traditional and
active stewards of marine ecosystems, and their continued gathering and use of marine
resources is an ongoing and essential part of their culture and survival.
' National Marine Fisheries Service. 2009. Our living oceans: report on the status of U.S. living marine
resources, 6 h edition. U.S. Dep. Commerce, NOAA Technical Memo. NMFS-F/SPO-80.
2 Worm et al. 2009. Rebuilding Global Fisheries. Science 325: 578-585.
3 Pacific Fishery Management Council and National Marine Fisheries Service. 2006. Proposed acceptable
biological catch and optimum yield specifications and management measures for the 2007-2008 Pacific coast
groundfish fishery, and Amendment 16-4: rebuilding plans for seven depleted Pacific coast groundfish species;
final environmental impact statement including regulatory impact review and initial regulatory flexibility
analysis. Pacific Fishery Management Council, Portland, Oregon, 2006.
NOW, THEREFORE, BE IT RESOLVED by the City of Ukiah that we strongly
urge the Marine Life Protection Act Initiative Blue Ribbon Task Force and the California
Fish and Game Commission to support and adopt the Unified MPA Array developed by
the Regional Stakeholder Group during Round 3 of the North Coast MLPA Initiative
process.
BE IT FURTHER RESOLVED THAT if the Blue Ribbon Task Force makes the
decision to redesign the Unified MPA Array contrary to the recommendation of the City
of Ukiah, then the redesign must be conducted in collaboration with North Coast
Regional Stakeholders. Regional Stakeholders have worked for months to design a
single cohesive array that incorporates the unique ecological, social, cultural and
economic conditions of the North Coast within the framework of the statewide MLPA
Initiative Guidelines and MLPA legislation. Because the alteration of any single element
of the Unified MPA Array has the potential to undermine its cohesiveness, collaboration
with Regional Stakeholders and local communities regarding any change to the Unified
MPA Array is essential to retaining both its integrity and the support of local
communities, factors that are vital to the long term success of the MPA system.
BE IT FURTHER RESOLVED THAT any approved MPA array design will need
to allow traditional, non-commercial, gathering, subsistence, harvesting, ceremonial and
stewardship activities by California Tribes and Tribal Communities.
PASSED AND ADOPTED this 6th day of October, 2010 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Benj Thomas, Mayor
ATTEST:
JoAnne M. Currie, City Clerk
Pyramid Pointer
Del Norte;
Point St. George Reef ❑ r
rr~CPe Mf' Pity ~ :f `
Reading Rock
County
Cape Mendocino/Steamboat
State Marine Reserve
no take
State Marine Conservation Area
some commercial and/or recreational take
State Marine Recreational Management Area
no take except waterfowl
State Marine Park
0 5 10 20
Miles
ne Region Stakeholder Group recommends that
traditional, non-commercial gathering, harvesting
and fishing for subsistence, ceremonial or stewardship
purpose be permitted in proposed marine protected areas.
VizcainoT] ells'docillo
Cou,ntv
Ten Mile,
Fort Bragg
Point Cabrillo
Big River Estuary
Navarro River Estuary l Uh
ITEM NO.:
MEETING DATE:
City a-1-T1kiuFr
AGENDA SUMMARY REPORT
11a
October 6, 2010
SUBJECT: CONSIDERATION AND POSSIBLE INTRODUCTION OF AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTION 1965 AND ADDING
SECTION 2000.3 TO CHAPTER 12 (PARKS AND RECREATION FACILITIES) OF
DIVISION 1 (GOVERNMENT) OF THE UKIAH CITY CODE
Background & Discussion:
The Ukiah Skate Park is in its final construction phase. Staff has worked closely with the City of Ukiah's
insurance company Redwood Empire Municipal Insurance Fund (REMIF), the City Attorney, the Park,
Recreation and Golf Committee, the Skate Park Committee and the skate park design consultant to
research and review safety guidelines.
California Health & Safety Code 115800 (Attachment 1) states that any City operating a skate park must
require the participants to wear helmets, elbow pads, and knee pads. The section further states that a City
must adopt and ordinance outlining these requirements, provisions for its enforcement and guidelines for
posting the rules on the site (Attachment 2). Compliance with the State Code as well as the REMIF
conditions for coverage (attachment 3) is required in order to receive insurance coverage for the operation
of the Ukiah Skate Park.
The ordinance (attachment 4) outlines the rules of conduct expected at the facility as well as the penalties
for violation. Participants are required to wear safety equipment. In addition, no food, drink, moveable
obstacles, or bicycling are allowed within the fenced skating area. Placing graffiti anywhere in or on the
park is prohibited and the park will be closed until the graffiti is removed or repaired. The following are also
Fiscal Impact:
Budgeted FY 10/11 F] New Appropriation F-xl Not Applicable F-1 Budget Amendment Required
Amount Budgeted Source of Funds (title and Account Number Addit. Appropriation Requested
Continued on Page 2
Recommended Action(s): Introduce the Ordinance by title only, request the City Clerk to read the
title, and, then, pass a motion to introduce the Ordinance.
Alternative Council Option(s): Do not take action and remand to Staff with direction.
Citizens advised: Ukiah Skate Park Committee Members, REMIF, and Skate Park Design Consultant
Requested by: Community Services Department
Prepared by: Maya Simerson, Community Services, David Rapport, City Attorney, Katie Merz,
Community Services Administrator, Guy Mills, Project & Grant Administrator, and
Sage Sangiacomo, Assistant City Manager
Coordinated with: Jane Chambers, City Manager
Attachments: 1) California Health & Safety code 115800, 2) Ukiah Skate Park Rules, 3) REMIF
Conditions of Coverage, 4) Proposed Ordinance
Approved:
Jane hambers, City Manager
Subject: Ukiah Skate Park Ordinance
Meeting Date: October 6, 2010
Page 2 of 2
prohibited in the park area at all times: (a) possession or use of drugs or alcohol or being under the
influence; (b) fighting or other violence; (c) possession or use of firearms, knives, or other weapons of any
kind; and (d) smoking or use of tobacco products. Self-policing of the rules by users is expected given that
the park will be closed for periods of time by the Community Services Department if the rules are habitually
violated. This self-policing model has been effective in other communities similar to Ukiah. The Ukiah
Skate Park Committee is also committed to the safe use of the park and will assist with monitoring and
education.
Similar to other park rules, a first violation of this ordinance is punishable by a fine not exceeding $50.00 A
second infraction within a year may be punishable by a fine not exceeding $100 and a third infraction is
punishable by a fine not to exceed $250. Second and subsequent offenses may also be prosecuted as a
misdemeanor. There is also a provision for a violator of this ordinance to lose his/her privileges at the skate
park for up to one year.
{ r
Attachment #
State of California
HEALTH AND SAFETY CODE
SECTION 115800
115800. (a) No operator of a skateboard park shall permit any
person to ride a skateboard therein, unless that person is wearing a
helmet, elbow pads, and knee pads.
(b} With respect to any facility, owned or operated by a local
public agency, that is designed and maintained for the purpose of
recreational skateboard use, and that is not supervised on a regular
basis, the requirements of subdivision (a) may be satisfied by
compliance with the following:
(1) Adoption by the local public agency of an ordinance requiring
any person riding a skateboard at the facility to wear a helmet,
elbow pads, and knee pads.
.(2) The posting of signs at the facility affording reasonable
notice that any person riding a skateboard in, the facility must wear
a helmet, elbow pads, and knee pads, and that any person failing to
do so will be subject to citation under the ordinance required by
paragraph (1),
(c) "Local public agency" for purposes of this section includes,
but is not limited to, a city,' county, or city and county.
(d) (1) Skateboarding at any facility or park owned or operated by
a public entity.as a public skateboard park, as provided in
paragraph (3), shall be deemed a hazardous recreational activity
within the meaning of Section 831.7 of the Government Code if all of
the following conditions are met:
(A) The person skateboarding is 14 years of age or older.
(8) The skateboarding activity that caused the injury was stunt,
trick, or luge skateboarding.
(C) The skateboard park is on public property that complies with
subdivision (a) or (b).
(2) In addition to the provisions of subdivision (c) of Section
831.7 of the Government Code, nothing in this section is intended to
limit the liability of a public entity with respect to any other duty
imposed pursuant to existing law, including the duty to protect
against dangerous conditions of public property pursuant to Chapter 2
(commencing with Section 830) of Part 2 of Division 3.6 of Title 1
of the Government Code. However, nothing in this section is intended
to abrogate or limit any other legal rights, defenses, or immunities
that may otherwise be available at law.
(3) For public skateboard parks that were constructed on or before
January 1, 1998, this subdivision shall apply to hazardous
recreational activity injuries incurred on or after January 1, 1998,
and before January 1, 2001. For public skateboard parks that are
constructed after January 1, 1998, this subdivision shall apply to
hazardous recreational activity injuries incurred on or after January
1, 1998, and before January 1,.2008. For purposes of this
subdivision, any skateboard facility that is a movable facility shall
be deemed constructed on the first date it is initially made
available for'use at any location by the local public agency.
(4) The appropriate local public agency shall maintain a record of
all known or reported injuries incurred by a skateboarder in a
public skateboard park or facility'. The local public agency shall
also maintain a record of all claims, paid and not paid, including
any lawsuits and their results, arising from those incidents that
were filed against the public agency. Beginning in 1999, copies of
these records shall be filed annually, no later than January 30 each
year, with the Judicial Council, which shall submit a report to the
Legislature on or before March 31, 2007, on the incidences of
injuries incurred, claims asserted, and the results of any lawsuit
filed., by persons injured while skateboarding in public skateboard
parks or facilities.
(5) This subdivision shall not apply on or after January 1, 2001;
to public skateboard parks that were constructed on or before January
1, 1998, but shall continue to apply to public skateboard parks that
are constructed after January 1, 1998.
(e) This section shall remain in effect until January 1, 2008, and
as of that date is repealed, unless a later enacted statute, enacted
before January 1, 2008, deletes or extends that date.
Attachment #2
UKIAH SKATE PARK RULES
HOURS OF USE
Dawn to Dusk
(unless otherwise posted)
HELMETS, ELBOW PADS AND KNEE PADS MUST BE WORN AT ALL TIMES
No person shall be allowed to use the skate park without wearing a helmet, elbow pads and
knee pads
PARK USE REQUIREMENTS
Obey the rules and regulations
Act with respect and courtesy
PROHIBITED IN THE PARK
Skating or skateboarding outside designated areas
Drugs, alcohol or being under the influence
Fighting or other violence
Firearms, knives or other weapons
Smoking or use of tobacco products
Amplified sound
Food or drink
Bicycles or scooters
Moveable obstacles or materials such as ramps and jumps
GRAFFITIIVANDALISM WILL RESULT IN PARK CLOSURE
TRESPASSING AND VIOLATING RULES AND REGULATIONS IS UNLAWFUL
PENALTIES INCLUDE CITATION, PROSECUTION, FINES AND LOSS OF USE
PRIVILEGES
Attachment #
PERMANENT, BUILT-IN SKATEBOARD PARKS/FACILITY
(Conditions for Coverage from REMIF)
1. Design of the facility shall be performed by a. licensed designer/architect with experience in
skateboard park design. The park shall not include deep vertical drops or half pikes; no obstacles,
elements or components of this skating area shall have a vertical drop more than 36".
2. Design of the facility must be approved by the city in compliance with necessary government code
sections to achieve design immunity. In addition, REW's conditions for coverage must be
reviewed and approved by the city.
3. There shall be a six foot fence surrounding the facility with sufficient area for a participant to safely
perform maneuvers.
4. There shall be fixed and posted hours. of operations.
5. While using the facility, the participant must use personal safety equipment comprised of at least
head, knee, and elbow protection. The city shall not be the provider of such equipment.
6. A facility maintenance check shall be made on at least a daily basis to note and correct safety
problems.
7. If in-line skaters are allowed to use the facility, rules and regulations of usage shall be posted for
safety purposes.
8. The city police department will include the park on a daily routine patrol during the play, evening,
weekend, and holiday hours.
9. Food and drink is prohibited inside the fenced area.
10. No temporary or moveable obstacles or materials (i.e. ramps/jumps) are allowed into the fenced
area.
11,. Bicycling is prohibited within the skateboard facility.
12. Landscaping material must be of a non-shed variety (i.e. no sand, gravel, bark, etc.) and all brushes
and trees should be such a distance from the facility as to not litter the facility with debris.
13. If the facility is to be used after dark, it must be lighted according to current standards.
14. The facility shall be locked during hours of non-operation.
15, The city shall pass an ordinance in compliance with Health and Safety Code 115800 and establish
and maintain provisions for its enforcement.
16. A $25,000 self insured retention (deductible) shall apply to all claims/lawsuits resulting from the
use of a permanent, built-in park facility.
ORDINANCE NO.
Attachment #4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
UKIAH AMENDING SECTION 1965 AND ADDING SECTION
2000.3 TO CHAPTER 12 (PARKS AND RECREATION
FACILITIES) OF DIVISION 1 (GOVERNMENT) OF THE UKIAH
CITY CODE
The City Council of the City of Ukiah hereby ordains as follows:
SECTION ONE
Section 1965 of the Ukiah City Code is amended to read as follows:
SECTION 1965: FACILITIES:
The following described parcels of land are parks and recreation facilities of the city and shall be
known by the names indicated:
A.Todd Grove municipal park: Bounded by Walnut, Live Oak Avenue, and Park Boulevard;
B.Giorno park: Situated next to Anton stadium and lying between Giorno Avenue and Park
Boulevard;
C.Carpenter park: Bounded by Clay Street and Main Street;
D.McGarvey park: Bounded by Stephenson, Bush, Dora, and Clay Streets;
E.Oak Manor park: Bounded by Oak Manor Drive, Gobbi, and Gibson Streets;
F.Seminary Avenue: Bounded by Oak and State Streets;
G.Vinewood park: Situated between Elm and Pine Streets;
H.Municipal golf course: Situated along Live Oak Avenue and Park Boulevard;
I.Gardner Pocket park: Situated within parking lot A;
J.Alex R. Thomas, Jr., Plaza: Bounded by State, School, and Clay Streets;
K.Observatory park: Situated between Observatory Avenue and Luce Avenue;
L.Orchard park: Bounded by Orchard Avenue and Cindee Drive;
M.Riverside park: Situated at the east end of Gobbi Street and bordered on the east by
the Russian River.
N. City View Trail: Situated on the City-owned property above the Ukiah Municipal Golf
Course in the lower western hills. The 1.5 mile looped trail begins and ends at a point in
Low Gap Regional Park.
0. Ukiah Skate Park on a portion of the City-owned property known as Mendocino County
Assessor's Parcel No. 001-020-09 adjoining the County Regional Park on Low Gap Road,
which is improved with a Skate Park.
SECTION TWO
Section 2000.3 is added to the Ukiah City Code to read as follows:
SECTION 2000.3: UKIAH SKATE PARK RULES AND REGULATIONS:
1. PURPOSE.
The purpose of this section is to comply with California Health and Safety Code Section
115800 that requires a public agency that owns or operates a skate park facility to adopt an
ordinance requiring persons riding skateboards, in-line skates, and other self-propelled wheeled
apparatus at said facility to wear a helmet, elbow pads, and knee pads.
2. DEFINITIONS.
For the purpose of this section, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
CONTROLLED SUBSTANCE. Any substance listed in California Health and Safety
Code Sections 11054-1056, as amended from time to time.
DAWN. One (1) hour prior to sunrise.
DUSK. One (1) hour after sunset.
ELBOW PADS AND/OR KNEE PADS. Protective devices that are partially constructed
of durable foam-like materials for ground shock resistance that are fitted and fastened to cover
the elbows and knees (respectively) and are specifically designed and manufactured to absorb
the impact of a fall.
HELMET. A properly fitted and fastened protective device that meets the standards of
either the American Society for Testing and Materials (ASTM) or the United States Consumer
product Safety Commission (CPSC) that is worn on the head and is specifically designed and
manufactured to absorb the impact of a fall.
IN-LINE SKATES. Any device which may be attached to the foot or footwear, to which
wheels are attached "in-line" and where such wheels are used to aid the wearer in moving or
propulsion.
ROLLER SKATES. Any device which may be attached to the foot or footwear, to which
four wheels or rollers are attached and where such wheels are used to aid the wearer in moving
or propulsion.
2
SKATEBOARD. A mechanism with wheels that are fastened to a platform, commonly
constructed to accommodate a standing person. Skateboards are normally propelled by the
operator pushing off the ground with one (1) foot, or by the force of gravity.
SKATE PARK. A facility designed and constructed for recreational use for persons
using in-line skates, roller skates, and skateboards, located at Low Gap County Park on Low
Gap Road, Ukiah.
3. HELMETS, ELBOW PADS AND KNEE PADS REQUIRED.
No person shall be permitted to ride skateboards, in-line skates, or roller skates in the
Skate Park unless that person is wearing a helmet, elbow pads, and knee pads. Any person
who does not wear a helmet, elbow pads, and knee pads as defined herein shall be deemed to
be in violation of this ordinance.
4. POSTING OF SIGNS AT SKATE PARK.
Signs shall be posted at the Skate Park giving notice that any person riding a
skateboard, in-line skates, or roller skates must wear a helmet, elbow pads, and knee pads, and
that any person failing to do so will be subject to citation and prohibition of use of the facilities
for one year. Signs shall also be posted setting rules for use of the Skate Park, and violation
thereof will be subject to citation. An example of a sign conforming to the requirements of this
subsection 4 is attached hereto as Exhibit A.
5. REGULATION OF USE AND RULES OF CONDUCT.
Any person using the Skate Park shall comply with the following rules and regulations:
A. The hours of use of the Skate Park shall be from dawn to dusk. Use of the park
at any other time is prohibited. unless a special permit is secured and approved
by the City Manager or his or her designee.
B. No skating when wet, raining, during routine maintenance periods, or when
facility is closed to the public.
C. While in-line skating, roller skating, or skateboarding, the participant may only
use those areas designated for skateboarding or related skating activities.
D. While using the facility, the participant must use personal safety equipment
comprised of at least a helmet, elbow pads, and knee pads.
E. No food or drink shall be allowed in the skating area of the Skate Park.
F. No glass containers shall be allowed in the Skate Park.
G. No littering or disposal of household refuse shall be allowed at the Skate Park.
H. No barbecues or fires are allowed at the Skate Park.
1. No moveable obstacles or materials (i.e. ramps, jumps, or obstacles) shall be
allowed in the park. No modifications to the skating surface or features are
allowed. No skating on park structures not specifically designed for that purpose.
No skating on curbs, driveways, or parking lots.
J. The use of bicycles, motorized vehicles, go-peds, other wheeled devices is not
permitted in the Skate Park.
K. No pets shall be allowed in the Skate Park.
L. No amplified sound (i.e. stereos, radios, or similar devices) shall be allowed in
the Skate Park unless permitted and approved by the City Manager or his or her
designee.
M. Any act of vandalism, including the placement of graffiti, anywhere in or on the
park is prohibited. The Skate Park will be closed until any graffiti is removed
and/or any other act of vandalism is remedied or repaired. In addition to other
penalties provided herein, any person committing an act of vandalism in the
Skate Park, including putting graffiti on any part of the Skate Park, shall pay for
the cost of removal and damages relating thereto.
N. Personal conduct and behavior. The following are prohibited in the park area at
all times:
1. Possession or use of any controlled substance or alcohol;
2. Being under the influence of any controlled substance or alcohol;
3. Fighting, aggressive behavior, or other forms of violence;
4. Abusive, profane, or foul language;
5. Possession or use of firearms, knives, or other weapons of any kind; and
6. Smoking or use of tobacco products.
0. Everyone shall treat each other with respect and courtesy.
5. ORGANIZED EVENTS - APPROVAL REQUIRED.
Organized events require the prior approval of the City Manager or his or her designee.
Applicants for organized events shall obtain a permit from the Community Services
Department.
6. PENALTY FOR VIOLATION AND ENFORCEMENT OF RELGULATIONS.
Violation of this Section shall be deemed an infraction punishable by a fine of $100 or a
first offense, $250 for a subsequent offense, and $500 for a third and any additional
offenses thereafter. Multiple (three or more) violations of this section within a twelve-
month period may be charged and prosecuted as misdemeanors. The Director of Parks
and Recreation or his or her designee may prohibit any person citable for a violation of
this section from using the Skate Park for a period of up to one (1) year, the length of
such exclusion to be based on the age of the violator, the risk of injury posed by the
violation, and the degree of willfulness of the violation. Any person who has been
excluded from the Skate Park and violates that exclusion shall be in violation of this
Section. The City Manager or his or her designee may close the Skate Park to public
use for any period of time, if he or she determines that violations of this section have
become excessive and beyond the enforcement capacity of the City. In the event of
closure, signs to that effect shall be posted and any public use of the Skate Park during
such a closure shall constitute a violation of this Section.
SECTION TWO
1. COMPLIANCE WITH CEQA. The City Council finds that this ordinance is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity
will not result in a direct or reasonably foreseeable indirect physical change in the environment),
15061(b)(3) (there is no possibility the activity in question may have a significant effect on the
environment.)
2. SEVERABILITY. If any provision of this ordinance or the application thereof to any
person or circumstance is held invalid, the remainder of the ordinance and the application of
such provision to other persons or circumstances shall not be affected thereby. The City
Council hereby declares that it would have adopted this Ordinance and any section, subsection,
sentence, clause or phrase thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared unconstitutional or otherwise invalid.
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3. EFFECTIVE DATE. This Ordinance shall be published as required by law in a newspaper of
general circulation in the City of Ukiah, and shall become effective thirty (30) days after its
adoption.
Introduced by title only on , 2010, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Adopted on , 2010, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Benj Thomas, Mayor
ATTEST:
JoAnne Currie, City Clerk
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Exhibit A
UKIAH SKATE PARK RULES
HOURS OF USE
Dawn to Dusk
(unless otherwise posted)
HELMETS, ELBOW PADS AND KNEE PADS MUST BE WORN AT ALL TIMES
No person shall be allowed to use the skate park without wearing a helmet, elbow pads and
knee pads
PARK USE REQUIREMENTS
Obey the rules and regulations
Act with respect and courtesy
PROHIBITED IN THE PARK
Skating or skateboarding outside designated areas
Drugs, alcohol or being under the influence
Fighting or other violence
Firearms, knives or other weapons
Smoking or use of tobacco products
Amplified sound
Food or drink
Bicycles or scooters
Moveable obstacles or materials such as ramps and jumps
GRAFFITINANDALISM WILL RESULT IN PARK CLOSURE
TRESPASSING AND VIOLATING RULES AND REGULATIONS IS UNLAWFUL
PENALTIES INCLUDE CITATION, PROSECUTION, FINES AND LOSS OF USE
PRIVILEGES
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