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HomeMy WebLinkAbout2001-06-06 Packet (2)AGENDA SUMMARY ITEM NO. 3a DATE: June 6, 2001 REPORT SUBJECT: PRESENTATION BY PUBLIC FINANCIAL MANAGEMENT REGARDING CITY INVESTMENTS Public Financial Management Group (PFM) manages the City's investments, and on an annual basis the City requests a representative speak to the City Council on our current investment status. Nancy Jones, Managing Director of PFM, will be in attendance at the Council meeting to discuss the investment reports and answer any questions the Council may have. RECOMMENDED ACTION: Council consider presentation and request information, as needed, of Nancy Jones, Public Financial Management. No action required. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Candace Horsley, City Manager Attachment: 1. None APPROVED: ~_.q~ ~~_ Candace Horsley, C~ty Manager ! 4/Can. ASRPFM.601 AGENDA SUMMARY 3b ITEM NO. DATE: June 6, 2001 REPORT SUBJECT: REPORT ON STATUS OF FIBER OPTICS IN MENDOCINO COUNTY- CYNDEE LOGAN - (CONTINUED FROM MAY 16, 2001) It was necessary to continue this item from the May 16, 2001 meeting, as Cyndee Logan was called away to a conflicting emergency meeting. I have attached the staff report prepared for that meeting for the Council's review. RECOMMENDED ACTION: Council receive presentation by Cyndee Logan regarding fiber optics. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Citizen Advised: Requested by: Prepared by: Attachment: N/A City Manager Candace Horsley, City Manager 1. Staff Report, Dated May 16, 2001 APPROVED: ,~c.,.^s,F~r.~O, Candace Horsley, City~anager ITEM NO: 3 C I DATE: June 6, 2001 AGENDA SUMMARY REPORT SUBJECT: PRESENTATION FROM APPLIED DEVELOPMENT ECONOMICS, OUR CONSULTANT ON THE PALACE HOTEL RE-USE GRANT PROJECT SUMMARY: Applied Development Economics (ADE) our consultant on the Proposed Re-Use study for the Palace Hotel will give a status presentation on the project approved by the City Council on August 23, 2000. A final report will be made to the City Council in late October 2001. RECOMMENDED ACTION: Receive presentation ALTERNATIVE COUNCIL POLICY OPTIONS: Elect not to have presentation Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Albert T. Fierro, Assistant City Manager Candace Horsley, City Manager N/A Candace Horsley, Ci~anager AGENDA SUMMARY ITEM NO. 3d DATE: June 6, 2001 REPORT SUBJECT: PRESENTATION BY GREATER UKIAH CHAMBER OF COMMERCE The Ukiah Chamber of Commerce Board of Directors will be attending the City Council meeting to make a presentation regarding its last year's activities and goals for the upcoming year. Staff is requesting Council's direction for Chamber activities that are of special interest to the Councilmembers. RECOMMENDED ACTION: City Council receive presentation by Ukiah Chamber of Commerce and discuss goals for upcoming year. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Citizen Advised: Requested by: Prepared by: Attachments: 1. Chamber of Commerce Elizabeth Brazil, Chamber of Commerce Candace Horsley, City Manager Letter from Chamber of Commerce dated May 31,2001 Candace Horsley, City'~anager P_:::xecutive I5oarcJ l~re$icJent: Teri UIIrich National Bank of the Redwoods V~ce F'res~c~ent Jim ~ulheren URiah Custom Cabinets c.h~eJ: Finan°al OrnCicer Jim Harrison Savings Bank of Mendocino Counly ImmecJiat:e F~ast F'resic:Jent: Kathie Spencer Patchen, Inc. ~oarc~ o~ Directors Butch Bainbridge Param o un t Signs Gary Brawley Ukiah Unified School District Christine Dillard First Union Securities Bruce Fedio Masonite Claire Fortier Fortier Consulting Eric Garbocci Garbocci Van Housen Realty Carmen Gleason Hopland Sho Ka Wah Casino Kevin McConnell Ukiah Daily Journal Jeanie Nord KUKI Sue Patel Ramada Limited Kerry Randall Rainbow Agricultural Services Gregg Smith Brutocao Schoolhouse Plaza Chris Weissleder Rainbow Construction P-x O~icio Directors Kathy Libby Council Member, City of Ukiah Richard Shoemaker Mendocino County Supervisor Green Lion Nursery Elizabeth Brazil CEO Debbie Woodworth Operations Coordinator Greater ukbh cb.tuber of Commerce 200 South School Street Ukiah, CA 95482 (707) 462-4705 fax (707) 462-2088 www.ukiahchamber.com info@ukiahchamber.com May 30, 2001 Candace Horsley, City Manager City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Dear Candace, MAY 3 1 CiTY OF uKiAH CITY CLERK'S DEPARTMENT The Greater Ukiah of Chamber and City of Ukiah have shared a very successful public/private partnership in the promotion of Ukiah though the years. We hope this working relationship will continue. The Chamber has historically provided public relations and marketing services for the City of Ukiah in the form of promoting tourism, relocation, and community development. The Chamber has within the last year also assumed the reception duties at the Ukiah Valley Conference Center at the request of City staff. The Chamber is providing staffing for the reception desk Monday - Friday from 9 a.m. to 5 p.m., providing assistance to all visitors, Conference Center patrons and the general public. In return for these increased services, we would like the City Council to increase the compensation for the Chamber's service to $25,000. As you are aware, the cost of doing business increases each year, yet we have not requested a raise in our fee for services within the past four years. Due to the increased costs and since we have augmented our services within the last year by taking on the reception desk at the Ukiah Valley Conference Center, we would appreciate an increase to the Chamber's compensation. The costs of hiring a person at minimum wage to provide the reception duties for the Ukiah Valley Conference Center during the days and hours above would far surpass the increase the Chamber is requesting. In its role of promoting the Ukiah area, the Chamber has managed and fulfilled the following inquiries within the past 12 months: Written inquiries 2,733 Walk-in visitor/tourists 9,053 Telephone inquiries 25,497 Total served 37,283 The estimated cost per contact in material, staff time, postage and overhead to fulfill each request is $1.95 to 15.75 per contact. At the current payment of $19,000, the compensation for fulfilling these requests has decreased. Based upon the number of inquiries the Chamber has received during the City's 2000 - 2001 fiscal year, the City's reimbursement to the Chamber for fulfilling each request was $0.51 per request; this is a decrease from the prior year of $0.03 per request filled or a total additional cost to the Chamber of $1,118.83 over the prior year. For the City to undertake full funding of the costs of filling these requests, based upon the above estimate, the cost would range from $72,701.85 to $587,207 in staff time, material and postage. The Chamber is able to fulfill these requests at a much lower rate thanks to a great volunteer effort, the many in- kind contributions from local merchants and through some funding received from the Chamber membership. Your continued investment in the promotion of our community through the Chamber is as beneficial to the City as it is to the operation of the Chamber of Commerce and the businesses we serve. Continued City funding will allow us to continue providing this quality service for residents and visitors. In addition to all of the above, the Chamber also represents the City of Ukiah through our affiliation with the Mendocino County Alliance (MCA). The Chamber has two representatives on the MCA Board of Directors as well as numerous positions on the various MCA committees. The Chamber provides and displays promotional materials and a pictorial display of the community and surrounding area at many of the MCA events and programs such as the Mendocino Bounty trade shows, the Wine and Mushroom Fest events, etc. The MCA website utilizes the Chamber's website and supporting information in promoting the Ukiah area. Our area businesses are linked to their nationally promoted website through the Chamber's website. The Chamber continually strives to promote the City of Ukiah through all avenues available. The Chamber's effort in tourism support, relocation support, the annual Forth of July Celebration, Ukiah Country PumpkinFest, Small Town Christmas, Holiday Trolley, Truckers Light Parade, the Community of Champions Awards Program, community promotion and businesses development ensure that the Ukiah area will continue to be seen by its residents and others as a premier place to visit, live and do business. Through the efforts of the Chamber of Commerce, the City's investment in the Chamber every year provides returns to the City in sales and bed tax dollars many time over. The Greater Ukiah Chamber of Commerce has worked well with the City of Ukiah and we look forward to continuing this public/private partnership. Sincerely, Teri Ullrich Greater Ukiah Chamber of Commerce PROCLAMATION Organization, was [ormed in 1971 [vith the mission '7o provic[e community assistance to meet urgent needs and promote self-su//iciency. '~,. and ~VHEI~EA~ UCC has served the greater Uk~;?h area for the I~'t 30 year~; pro,'ding crisis and emergency ser~ces to the people o/this community; and ~VI-IEt~EAS, the quah'ty o£1i/e o/the greater U~'iah communit~ b benefi~ed ~vhen all of iu members are provided with basic needs such as food and housin~; and ~-IEHEAS~ the Ukiah ~ommun~ Center recognhes that homele~sne~s and pover~ are :~h~esi~uan~nstha~canbemet,vithahelpinghan~'and ~~ UCC pro~des valuabIe human ser~bes to all peopIe without exception and provides these ser~ces at no charge to i~ clienu; and ~E~ the U~iah Communi~ Center operates the onIy 24-hour crim~ Iine coun~ the only Food ~an~ program in the greater U~h area, the Emergency Shelter program, ~he Volunteer Center of Inland Mendocino Coun~ a commum~y garden program, and b an integraI element of ~e ~inter Homeless Shel~er prolbc~' and ~ER~ ~he U~iah Communi~ Center b an invaluable mset to the Ciw of U~ and C~ Councilmembers, ~hH~aldwin, Kath~ Libb~ ~o~ Sm~?h, and~ric ~rson do hereb~proclm~ UK H COMMU I CENTER MO TH their significant contribution to our commui~ and a lbb well ~one over these Date~ June ~ 2001 Philh~ ~hiku, MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, April 18, 2001 5a The Ukiah City Council met at a Regular Meeting on April 18, 2001, the had been legally noticed and posted, at 6:30 p.m. in the Civic Center Cz 300 Seminary Avenue, Ukiah, California. Roll was taken and Councilmembers were present: Larson, Smith, Libby, Baldwin (6:3; Ashiku. Staff present: Customer Service Supervisor Archibald, Barnes, Administrative Analyst Burke, Community Services Director Administrative Captain Dewey, Finance Director Elton, Assistant Wastewater Treatment Plant Supervisor Gall, I Manager/Budget Officer Harris, City Manager Horsley Public Works Director Seanor, Planning Director Clerk Ulvila. following for ctor er I, RaPport, Deputy Mayor Ashiku, on behalf of the City Council Journal reporter, on his engagement and we~ ~es, Ukiah Daily Urgency Item: M/S Smith/Larson to include the item on the consent. Councilmember Baldwin bsent. by unanimous 2. PLEDGE OFALLEGIANI Mayor Ashiku led the PI~ iance. 3. PROCLAMATIONS 3a. Workers Memorial Day in the Mayor Ashiku de in the City nition of w~ Terry , Proc! and th; ~!nt of the Nati - A 2001 April 28, 2001 as Workers Memorial Day I, injured, and disabled on the job. Letter Carriers (NALC)), accepted the g this event. 3. PR~ 3b. National Asi mail[ Bank. re; in Ukiah of Letter Carriers (NALC) National Food Drive Day in Ukiah designating May 12, 2001 as NALC National Food I citizens to take part by placing a food donation by their so a letter carrier can pick it up and deliver it to the Food Terry Popl accepted the Proclamation on behalf of NALC and thanked Council. MINU' ] of March 21,2001 Ulvila advised that the March 21,2001minutes have not been completed be scheduled on the next agenda. Regular Meeting April 18, 2001 Page 1 of 13 5. RIGHT TO APPEAL DECISION Mayor Ashiku read the appeal process. 6. CONSENT CALENDAR M/S Larson/Libby approving items a through h of the Consent Calendar a. Approved Disbursements for Month of March 2001; b. Received Notification to Council Regarding the Award of Bid for 5, AWG Aluminum, 15 KV, XLPE Insulated, Non-Jacketed, Concer ~gle Conductor Cable to Champion Wire & Cable in the Amount of ;.79; c. Awarded Bid for Purchase of a Patrol Vehicle in the Am~ of $2~ Awarded Bid for Power Pole Inspection and treatm, Servers and Software d, Amount of $20,000; e. Awarded Bid for Purchase of Desktop Com Dell Computer Corporation in the Amount of f. Adopted Resolution No. 2001-51 A 43 and Accepting on Behalf of the Public the' Use; g. Approved Assistance to Firefighters Grant Program- D~ the Authorized Represent, .=' h. Approved Letter of Support tocino County Youth for Funds from the Depar Human Service Motion carried by the following roll Baldwin, and Mayor Ashiku. NOES inor Subdivision 00- Offered for Public Manager as Application ENT: Larson, Smith, Libby, ABSTAIN' None. 7. Al ON ITEM~ No one cam~ CounE 8. BUSINE~ 8a. of with Ul unity Center for Ground Lease of .-, 002-281-27 and 15 in Order to Operate ~ C, rden and ation of City Manager to Execute Aqreement Community ,,.s Director DeKnoblough explained that the Ukiah Community UCC) has'::as lead agency for the Mendocino County Hunger Task ~. The d community gardening as a key activity that would directly of all~ hunger and nutrition through personal food production and approached by Laura Golina de Lovato, Executive Director of Center, about identifying sites and ways in which the City of Ukiah can is effort. property located behind the Museum parking lots. UCC has submitted a for use of the site as a garden. The UCC would work with the Food Bank, and several other community individuals and groups to work in the garden. ers in the Cleveland Lane area are interested in developing a pocket park on Regular Meeting April 18, 2001 Page 2 of 13 the property fronting Cleveland Lane and are also interested in participating in the garden project. The proposed Lease provides for a month-to-month occupancy and staff recommends approval of the lease and the garden project. Miles Gorden, 731 Grove Avenue, discussed his involvement with the working with organizations that need to provide food to the needy. contributions by local businesses for soil, mulch, and other materials for th as for creek improvements. Scott B. Smith, Jr., 806 Grove Avenue, discussed his work with and how the concept of a community garden can develop to her explained that he is very impressed with the leadership take confident the project will succeed. ect Mr. Garcia, Ukiah, through the assistance of an area and plans to be involved in the garden and place for children to go to a park. He went on garden and was impressed with it. ect. that he lives in the need for a see the community Maria Conception Vasgo, through the assistance of an int~ is located next to abandoned pro proposed for the project and felt the project brinl ~borhood and comm~ a Place, which the City Manager Horsley coordinate anything that happens Guild that first planted and built the ~at area park a and would like to Guild because it was the Discussion ,'erning the tracks. Th~ ~scussion of noted that: activity programs in C~ g and Ukiah the g; and th~ PI. ,roximity to the tennis courts and the railroad of the pocket park area and it was Id minimize negative activities. The Department are conducting patrol and the property extending to Cleveland Lane. patrol access was discussed. Laura Golino that UCi Executive Director of the Ukiah Community Center (UCC), received $1,000 grant from the City of Ukiah for this garden Counci he is very project will area. He A~ Der that his business is located across from Clay Street and Jar with the area. Things have improved over the years and the proposed to the type of activity to deter people from nonproductive activity in the would have a positive affect on the area. approving ground lease with Ukiah Community Center for a portion of Parcel No. 002-281-27 and 15 and authorizing the City Manager to execute Regular Meeting April 18, 2001 Page 3 of 13 Discussion followed concerning the project not requiring the review of the Planning Commission for the proposed project. However, should there be a proposal to construct structures, the proposal would then go before the Planning Commission. ......... Councilmember Baldwin expressed his concern that if there is a hous~n~ future, that Council determines some way to continue the garden proj~ relocate it to another area of the City. He is supportive of the project. possibly Mayor Ashiku thanked the public for their support to build a Motion carried by the following roll call vote: AYES: Libby, Baldwin, and Mayor Ashiku. NOES: None. AB~ 8. NEW BUSINESS 8b. Presentation to Council Relative to the Treatment Plant Public Utility Director Barnes explained th~ familiarize the Council with the City's current Wastewater demonstrate the need for expansion and rehabilitation currently provides wastewater ~ent service for 75% of wastewater service for Ukiah Va 25% of Ukiah, Mendocino C~ contiguous to the City of Ex :ion District (UVSD) El Dorado 'None of the Wastewater presentation is to Plant (WWTP) and to The WWTP and provides the remaining and other areas The WWTP was constructed at improvements made through the from the at the ag WWTP 1958 and he discussed operates under permit Board. He discussed the process flow capacity and increasing and discussed explained permit violations regarding Thinl identified as increase ADWF and the increase the capacity of the WWTP were t needed with 25 MGD peak capacity, the need to :ity from 2.8 MGD to 3.6 MGD with the primary sedimentation tanks, and upgrade with mechanical distributor, equalize influent tanks, a new solids contact aerator is needed to g filters and improvement performance of AWT facility, ~e chlorination facility with larger pumps and replacement of the Staff is also considering repairs needed to the existing digester, which equipment, by replacing the covers and exterior insulation. Most of the and internal plumbing in the digesters are no longer operable. He le for the increase flow in the percolation ponds. There are numerous AWT backwash basin concrete walls. H~ future capacity concerns, as noted in the staff report. Another project that is Regular Meeting April 18, 2001 Page 4 of 13 under consideration to be included in this project is West-side Relief Sewer which would extend from Ford Road to the VVWTP and is needed to prevent sanitary sewer overflows during peak wet weather flows and to provide adequate capacity for any future expansion of sewer system or changes in regulations. It is anticipated that construction would begin in March 2003 and be compl{ months. He advised that an important negotiation is that this will be increase capacity. The capacity will come from new hookups and mo~ would occur outside the City in the UVSD area. okups He discussed the requirements of the City's permit related to maximum This the City contracted with the firm of Kennedy Jenks to prow y of needs to be done. He discussed the preliminary cost improvements. Excluding the West-Side Relief Sewer cost of $9 milli, ':expansion amounts to approximately $14.4 million. This does not include for design of proj Discussion followed concerning wintertime fl~ water or rainwater coming from open drains. ~trusion from ground Councilmember Larson expressed his concern with cust( into the sewer system from drain,,He felt the VVVVTP is in needs of current users, and ex meet the possible nc inquired about the cost of the ch of the cost future ratepayers. to get to meet the re users. He borne by current or Mr. Barnes explained that an esti removing the suspended solids, whi¢ expansion, ,rimary sedim. strictly to ~ld most likel, new u will be req not h; for this,ansion. the processing costs of everyone, but the cost of the [ion tanks and other things that are attributed ito a capital improvement fee. When a this fee. The current customers will project. much money has been set aside for this City treatment did has been set aside for the proposed new plant been set aside for the loan for the AWT project. that Proposition 218 might not apply to the sewer If it did, we would have to have a rate study in order to increase capital which would involve identifying the costs for the project. He explained me obligation to develop some factual record to have a fee increase and Kennedy Jenks study would be adequate. in discussed sump pumps and roof drains, and the possibility of requiring an Iion report that certifies that there is no rain, gutter, or basement water going into the Regular Meeting April 18, 2001 Page 5 of 13 sanitary sewer, when a home is resold. Mr. Barnes advised that no inspection is required during real estate sales of laterals or main lines going from the house to the manhole. The ordinance states that the .... lateral to the main is not the City's responsibility, but rather the property own6 There was further discussion of this matter with regards to requiring inspe, no infiltration from any intentional source, during property transa~ City Attorney Rapport advised that the City already prohibits system. He discussed letting realtors know that this ordinanc{ are involved in a sale, they are not at risk of perpetuating a.: adopt an additional ordinance that would require inspection. Discussion followed concerning a proposed ordi provide enforcement. It was noted that such City; however, it would not affect those in the )n. could al,, re and perhaps an and otfi~i~ernatives available t© wo~u~iii~i~tve a problem for the Councilmember Baldwin expressed concern with the capacity concerns related to re( or elimination of afflue larding future the river. Wastewater Treatment that tightening restrictions. Cun % river. been talk about ~e into the flow of the Councilmember Baldwin inquired i available for ne~ hookups for developmen much we conct the amount of fresh water and the availability of water for new the plant. Mr. Ba~ h( has n~ the Board of apply for the for hey are not ret ~ng capacity for any major developments; a lan( of the probability of vacant or available waste disposal would be. The City will inform plan step will be to go to the final design and then g Loan Fund to pay for the progress. He discussed the li~r the State Revolving Loan Funds. and in¢ it, and if th~ reaches ca ~ber Lars{ tired about the relationship between the District and the City uired to take all the sewage produced in the District and treat could require a moratorium on new hookups from the District if the City r. Barm that the agreement with the District does not allow the City to say cannot approve a new development within the District, unless they are for the expansion. Regular Meeting April 18, 2001 Page 6 of 13 City Attorney Rapport advised that he would need to review the agreement before advising Council concerning this matter. Consensus of Council received the presentation relative to the planned expansi, Wastewater Treatment Plant. the Recessed: 8:14 p.m. Reconvened' 8:25 p.m. 8. NEW BUSINESS 8c. ApDroval of City Participation in Nissan North Ameri~ Municipal Pilot Program to Lease Four Hypermini Eh Police Administrative Captain Dewey explained that in the City Council approved funds from the Public Be~ Revenues for the purchase of an alternative fuel within the Parking District. Staff was informed City is eligible to lease vehicles directly from year per vehicle. Nissan requires that participatibn be operates a minimum of three vehicles, and that the mechanics of the vehicle and Nissan would maintain all th. vehicle. Two vehicles would be u,,for the Parking Meter Maid Program would use about a $1 per day in operat Fund two vehicles. Each excluding hicles ...... ::,:::::~, ........ ear 2000/01 Budget, aside from Electric Parking Enforcem{ ram by which the- Inc., for $1,138 per -year period, that the City )uld provide maintain the rical of the the electric ity is reporting City Manager Horsley explained t was asked by MCOG to participate with the electric vehicle program. recharging facility and continues our progress Mr. DeKm that there additional ing stat and it can be cost as ~the lease. initial cost outlay for the City to install by the location. This is a reimbursable Ca for one char( that the vehicles would average 25-30 miles ir Hyperm by and agreement with Nissan North America, Inc. for a three year Vehicles and authorizing the City Manager to execute the ilowing roll call vote: AYES: Councilmembers Larson, Smith, ir Ashiku. NOES: None. ABSENT: None. ABSTAIN: None Mayor to Execute Amendment No. 2 to License No. DACW05-3-96- ~en the Department of the Army, Corp of Enqineers and the City of Authorize Payment of the Annual Facilities Rental Fee of $260.00 lity Director Barnes advised that Amendment No. 2 presented to Council is a extension of a lease agreement the City has with the Army Corp of Engineers Regular Meeting April 18, 2001 Page 7 of 13 that provides the City access to some sites on Corp property. The City of Ukiah was issued a License by the Department of the Army for the use of the entrance road and for the water supply system used for the dissolve oxygen monitoring system at the Lake Mendocino Hydro Plant· Amendment No. 2 will extend the License for an additio~iii~j~/e- year period. The rental payment for the five-year term of this Amendment is.: recommended Council approve the extension of the Lease and payment of for five years at $260. ::,~:,~,~i~,?~ii:,iiiiiiii?,i~:!:: ...... M/S Larson/Baldwin authorizing the Mayor to execute Amendme DACW05-3-96-543 between the Department of Army, Corp of Enc Ukiah and authorizing payment of the Annual Facilities Rental Eee of following roll call vote: AYES: Councilmembers Larson, Smi~i~by, Ashiku. NOES: None. ABSENT: None. ABSTAIN: 8, NEW BUSINESS 8e. Development of a Policy for the City of Uki~ Rolling Blackouts Public Utility Director Barnes advised that th~ participated in requests to reduce load issued by the Operator (CAISO) in order to meet production to load We have met this obligation by facilities. However, extensive require the City of Ukiah to c~ facilities. In summary, the participate in any system problems that we will do what we can to blackout of our customers. He felt P.G.&E. has not Io maintain the system stomers sho NO. and Grid Su!3port and several months Irnia Independent System of generation. various City that could g only City we will support and of operating outages and reduce load, except the to our customers first and if ,unt of reserves they are required to make their affected. Ce Larson ed that when and a it costs needing to si sheds load, we shut down City facilities ,oney. He inquired if those costs could be the costs from those responsible for our :neB ex on the actual costs would include fuel cost and the run hours and · City outside its appear to surplus the City has the legal authority to provide electric service Limits, both based on the state constitution and by statute. The courts the City has to meet its own needs for electricity first, and can only use the City. on the matter followed with regard to the City's obligation to serve its and rolling blackouts. There was discussion concerning energy conservation Lms and staff making announcements to the media to alert customers. Regular Meeting April 18, 2001 Page 8 of 13 Councilmember Libby inquired if a "yes" vote concerning the seven-point strategy means that we would give staff the authority to spend money for what staff perceives as a need for more generation without Council's review. · ............... Mr. Barnes' response was "no". He explained that additional generation is Councilmember Libby inquired if we are going to give staff the investments with NCPA without Council oversight and approval. on Mr. Barnes replied that Council has already given him the alternate commissioner to the NCPA to vote on those issu( Commission when he is representing the City at the meE Councilmember Libby noted that we could NCPA and inquired why they would not come staff are br before dollar investments wi1 Mr. Barnes explained that once the Commission investments have to come before the City Council for ap major expenditures that happen at NCPA. As an alternate c propose a project, he could ~ ", that the City wants to but he would still have to brim Council for a funds. it, typically those He noted that there are no NCPA were to that project, ~ of those Mayor Ashiku requested that Publi detailing of some of the things that h; California's energy situation. [ilities M/S Smith Staff to dealing w uests shedding. at the Council with a memo meeting relative to outlined in the Staff Report when Cou~ ~ber Bald d how the community and City Council are for a that it is more responsive to the community. Councilm~ rial that ~at a "yes'" [he local ~y stated that, in her opinion, this is the most politically worded piece before Council during her tenure. She expressed her mean because of the ambiguous wording. She referred iapers. She advised that the format presented to Council is vote for it unless it is presented in a manner that defines the fa~ took issue with Councilmember Libby's statements referring to Ukiah and profiteering that was reported in the newspapers regarding other ;s. The article did not mention NCP^ or NCPA cities and he felt that municipal have been responsible and handled our resources in a publicly responsible He explained that he asked Director Barnes specifically about the seven items Regular Meeting April 18, 2001 Page 9 of 13 proposed because they are part of NCPA policy. He further noted that Council was provided a copy of the NCPA policy recently. Mr, Barnes explained that the only reason why staff put these items together is this is the policy being followed by NCPA and wants direction by Council if the~ to adhere to those policies. We will do everything we are obligated to under with P.G.&E. and with CAISO to be sure we have enough reserves. Mayor Ashiku explained that Council should be concerned about th~ making relative to this utility and how it participates in various int~ state orders, and any lawful order that comes forth because th~ by our Utility Director becomes the ultimate responsibility of' this is a very difficult time for the state of California and energy policy does affect the rest of the state to some participants and protect our customers. is a city'regarding our Councilmember Larson felt this policy allows other utilities and ISO and to continue to provid. customers as possible, while not letting the system fail. agreements the City currently has with surround fire, cooperated with the service to as many it to the mutual aid artments, Motion carried by the followin Baldwin, and Mayor Ashiku. ABSENT: None. ABSTAIN ,ote: AYES: Coun~ Libby Larson, Smith, policy is written). 8. NEW BUSINESS 8f. Ap;)ointment of Committee to Finance Direcb services. Th the ad ho availabi described advised that ht to the Coui the ba~ ~e Staff Re is preparing to solicit proposals for banking cify the members of staff and Council to posals. He reviewed several options action is the composition of ~d did this six years ago, and the recommended sly. Staff provided three options available for the ;mber Lil nking set that the Investment Oversight Committee should matter followed with regard to including the Assistant City Manager on Li iku that the Investment Oversight Committee, along with the Assistant City the banking service proposals and present a recommendation to the by the following roll call vote: AYES: Councilmembers Larson, Smith, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. Regular Meeting April 18, 2001 Page 10 of 13 8. NEW BUSINESS 8g. Discussion and Consideration of City Seal City Clerk Ulvila explained that the City Clerk's office is in need of purchasing a new embosser of the City Seal since the present embosser does not make a clear impn conducted historical research of the City Seal with local historian, Judy Prude~ The attachments provided in the Staff Report include newspaper articles Seal, which is a shaggy dog. The matter is being brought before Coum of an appropriate design to represent the City Ukiah City Seal. Considerable discussion followed concerning various noted that the City's logo of an oak tree has been in use discussion of the designs of the oak tree compared to th, dog. Those Councilmembers in favor of the oak tre~ provide a more "serious" look to City documents an~ coincide with the oak tree logo on City vehicles. the City 96. T'~e was furth~ !i!ii~ature':0f the ?Opinion that it is needed. It would M/S Smith/Baldwin directing staff that the City's logo, and to delete the Latin wording, incorporat Serve" and "Incorporated March 8, 1876", and add stars o as depicted in the g "We Are Here To Se Further discussion followed con designs. Motion carried by the foil( Mayor Ashiku. NOES: Councilm~ None. ~11 vote. rs Larst Smith, Baldwin, and None. ABSTAIN: 8. NEW BI 8h. Set Date: Risk M; hearin( 30. re( p.m. Wedne,, within two days iili .... meeting. Discu;~i~gllowed Consen: a.m. on Tue: on June Fiscal :icer Harris g the last weel Ies of 001.=2002 Budget Hearing that, historically, the annual budget ~ne to meet the adoption deadline of June and 27 be set as the dates and that the Ukiah Valley Sanitation District be set for 3:00 the budget has been considered and adopted Redevelopment Agency hearing would be scheduled to follow the COl the time to conduct the meetings. Council was to set the dates of June 26 and 27, 2001, beginning at 8:00 June 26 and proceeding to June 27 until completed. The starting time II be determined at the end of the session on June 26th. iSINESS ssion of Possible Cancellation of May 2, 2001 City Council Meeting er Horsley explained that, after polling each of the Directors relative to any Regular Meeting April 18, 2001 Page 11 of 13 critical items of business for their Departments, it was determined there were no pending business items for the May 2, 2001 City Council meeting. Also Mayor Ashiku and Councilmember Smith will be out of town that day. There was a brief discussion of the current meeting's lengthy agenda. Consensus of Council was to cancel the May 2, 2001 Council meeting 8. NEW BUSINESS 8j. Adoption of Resolution Approving Memorandum of Undt Bargaining Unit- Electric Unit City Manager Horsley advised that she received notificati~ ratified the offer and it is no different that what Council M/S Larson/Smith adopting Resolution 20~ Understanding between the City of Ukiah and carried by the following roll call vote: AYES: Cz Mayor Ashiku. NOES: Councilmember Libby. ~BSE ad for y Electric last meeting. Memorandum !W Local Union 1245; Baldwin, and None. 8. NEW BUSINESS 8k. Adoption of Resolution Esperanza Ford, 225 Arlim Risk Manager/Budget Offic, at 225 Arlington is req the property. One of the req' paid off. In the past, the City has sui Ms. Ford, who meets the Iow to modt requesting the $10,000 $8,000 to thc the refinan, Subordination Ac natories for ~at who owns property current so she can refinance , the loan must be n the s Iow and moderate income. the original grant program, is inal loan in the "second" position, repaying M/S auth the Mayor Ashik~ ado Resolution 2~ approving Subordination Agreement and for Ford, 225 Arlington, Ukiah; carried by ~rs Larson, Smith, Libby, Baldwin, and None. 'None. ABSTAIN' None. Gibson Item Rap that when Rural Communities Housing Corporation propose, bdivision and development of a Iow income housing project on as subdivision they were required to execute agreements for subsequent purchasers of any of the parcels in the City, which obligates [in the sewer line which will serve that project, and also to maintain the ~at provides access to Gibson Street. S; Code, that maintenance obligation is required to be secured by a lien on the the time they signed the agreements and were recorded, the HUD attorney in ~ approved those agreements and advised that Department of Housing and Regular Meeting April 18, 2001 Page 12 of 13 Urban Development (HUD) was willing to make the loan for the purchase of the property and construction of the project, not withstanding existence of these liens. They have now reconsidered and have a concern about having the lien on the property. suppose to close on RCHDC on April 27, 2001 and there would not be enough through that process before escrow closes, and there is also a risk that HUD make the money available for the project, and the property would essentially point. In order to facilitate this project moving forward, staff is subordinate the lien (not remove it from the agreements) but trust that HUD will obtain when they make the loans. There was a brief discussion concerning the matter. M/S Smith/Baldwin approving subordinating the lien un~ to the US Dept. of Housing and Urban Development ( authorize the City Manager to execute a subordinati roll call vote: AYES: Councilmembers Larson, NOES: None. ABSENT: None. ABSTAIN: N( Escrow is o that we .~eds of :enance agreements money loans and to:~,,::,,,:~:. :~ ~. carried by the followin~!:~! 'n, and Mayor ^shiku. 9. COUNCIL REPORTS Councilmember Smith reported that Council should have the General Manager to :!~ funds. At a previous meeting the tree lighting installation. location this past week. TA letter from the claim for had completed occurred at that 10. CITY MANAGER/CITY City Manager Horsley reported that with Public Utiliti being extended and updated )n Departments information. Counl there Chamber of Commerce's Web page, Imembers. Cit~ that was sen look into the matter. She distributed a letter 3day. ~SED SE~ 54957.6 Em Negotiat Lal eg No Closed needed. with Labor Negotiator Electric Unit Horsley 12.ADJOU bei.~ further business, the City Council meeting was adjourned at 9:40 p.m. M City Clerk Regular Meeting April 18, 2001 Page 13 of 13 7a ITEM NO. DATE: June 6, 2001 AGENDA SUMMARY REPORT SUBJECT: REPORT TO COUNCIL REGARDING PUBLIC NOTIFICATION REGARDING VACANCIES ON BOARDS AND COMMISSIONS On May 23, 2001, the City Clerk's office posted a News Release to all media in the area notifying them of upcoming vacancies on the Airport Commission, Design Review Board, Parks, Recreation, and Golf Commission, and the Planning Commission, effective June 30,2001. The submittal deadline for all applications is Friday, June 29, 2001, at noon. RECOMMENDED ACTION: Receive Report. ALTERNATIVE COUNCIL POLICY OPTIONS: Direct staff to re-advertise for all or selected vacancies and reschedule appointments accordingly. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachment: N/A Ukiah City Council . . Marie Ulvila, City Clerk ~.~~2:--~_~ Candace Horsley, City Manager News R,e..l~se announcing vacancies APPROVED: Candace Horsley, City ~nager ASR: Commission Vacancies - Press Release Page 1 of 1 NEWS RELEASE af ltkiah OPPORTUNITY TO SERVE YOUR COMMUNITY DATE: FOR RELEASE: SUBJECT: CONTACT: May 23, 2001 Immediately Vacancies on City of Ukiah Commissions Marie Ulvila, City Clerk, 463-6217 UKIAH, CA.- The City of Ukiah announces there will be vacancies occurring on the Airport Commission, Planning Commission, and the Parks, Recreation, and Golf Commission, effective June 30, 2001. Any qualified individual who would like to make a difference in their community and is interested in serving as a volunteer for the terms as outlined below, may apply for these upcoming vacancies. Current Commissioners may be eligible to reapply. COMMISSION NUMBER OF LENGTH OF RESIDENCY REQUIREMENT VACANCIES TERM Airport Commission 4 3 Years 3 -City Resident 1 - Resident within the City of Ukiah's Sphere of Influence Design Review Board 5 3 Years Must have design experience. 4 - Reside or own real property or a business within the City of Ukiah City Limits 1- Represent community at large with no ownership or residency requirement Parks, Recreation, and Golf 4 2 Years 3 - City Resident Commission 1 - Representative from Men's Golf Club Planning Commission 3 3 Years 3 - City Resident s are located at the reception counter in the administration wing of the Ukiah Civic Center, 300 Seminary Avenue, or by calling the City Clerk's office at 463-6217 for an application to be mailed or faxed to you. Applications must be completed in full prior to submittal. The submittal deadline is Friday, June 29, 2001, at noon. All applicants for appointment to the Airport Commission, Planning Commission, and the Parks, Recreation, and Golf Commission will be interviewed by the City Council and consideration for appointment at the first regular City Council meeting in July, 2001. All applicants will be notified in writing as to the meeting date and scheduled interview time. If you have any questions regarding the election process, you may contact City Clerk Marie Ulvila at 463-6217. ! Marie Ulvila, City Clerk 300 sEMINARy AVENUE uKIAH, CA 95482'5400 Phone# 707/463-6200 Fax'# 707/463-6204 Web Address: www. cityofukiah.com ITEM NO. 7b DATE: June 6, 2001 AGENDA SUMMARY REPORT SUBJECT: REPORT OF THE ACQUISITION OF FLEXIBLE CRACK SEALANT AND DETAC MATERIAL FROM REED & GRAHAM INC. IN THE AMOUNT OF $5,155.52 SUMMARY: In compliance with Section 1522 of the City of Ukiah Municipal Code, this report is being submitted to the City Council for the purpose of reporting the acquisition of supplies costing more than $5,000 but less than $10,000. The City Street Department worked with the Purchasing Department to obtain quotes for the acquisition of 8 pallets (approximately 20,160 pounds) of flexible crack sealant and two each, five-gallon pails of DeTac. The crack sealant is used to seal cracks in pavement in order to prevent water infiltration into the base rock and subgrade. The DeTac material is used to speed up the curing process of the flexible crack sealant applied to streets in heavy traffic areas. Nine companies received requests for quotations. Seven companies responded with quotes. The Iow bidder responded with a product different than originally specified. Jim Looney, Public Works Superintendent, verified that the product bid by the Iow bidder is an acceptable alternate to the product specified in the bid request. The purchase amount of $5,155.52 (tax included) is less than the street maintenance budget amount of $8,000. continued on page 2 RECOMMENDED ACTION: Receive and file report of the acquisition of flexible crack sealant and DeTac material from Reed & Graham Inc. in the amount of $5,155.52. Report is submitted pursuant to Municipal Code. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Diana Steele, Director of Public Works / City Engineer Rick Seanor, Deputy Director of Public Works.L¢2~ Candace Horsley, City Manager 1. Fiscal Year 2000/2001 budget sheet APPROVE (d~- ~_ Candace Horsley, ~[ Manager AgcrackSealant. SUM PAGE 2 REPORT ON THE ACQUISITION OF FLEXIBLE CRACK SEALANT JUNE 6, 2001 Bid Tabulation - Flexible Crack Sealant & DeTac Material Vendor Reed & Graham Sacramento, CA Tri-^merican, Inc. Milpitas, CA Special Asphalt Products Portland, OR Henry Company Elk Grove, CA Crafco, Inc. Chandler, AZ Absolute Asphalt Fontana, CA Maintenance Inc. Wooster, OH Flexible Flexible Crack Crack Sealant Sealant Quantity Bid Amount (8 pallets) (per pound) (pounds) 20,160 $0.239 20,160 $0.24 18 000 $0.289 20,160 $O.27 DeTac Material Bid (per pail) price included price included price included price included 20,160 $0.30 $44.75 20,160 $0.34 $39.75 20,160 $0.615 $50.00 Total Bid (with tax) $5,155.52 $5,177.09 $5,566.14 $5,824.22 $6,567.13 $7,419.27 $13,373.29 0 0 0000 000 0 000 0 0 0 0 0 "r-- 0 00 0 o o o 0 6'9,- . /E ~ -~ 0 · AGENDA SUMMARY REPORT ITEM NO. 7c DATE: June 6, 2001 SUBJECT' AUTHORIZATION OF SOLE SOURCE PURCHASE OF CRISIS RESPONSE NEGOTIATION SYSTEM FROM PROFESSIONAL SAFETY, INC. FOR THE SUM OF $10,254.88. SUMMARY: On November 15, 2000 the City Council held a public hearing and approved a spending plan for the California Law Enforcement Equipment Grant Program (Fund 205). As part of the spending plan, the Police Department requested funding for a Crisis Response Negotiation System. After receiving approval for the purchase of a hostage negotiation phone system, staff researched current available products. The selection committee found that two major vendors produce negotiation systems and that each product had varying qualities and specifications. We arranged for the demonstration of each of the units and compared their strengths. Staff found that the product from Professional Safety Inc., was of a much higher quality, and had options that the other vendor did not provide, including the option of fiber optic cameras, which will provide a higher level of documentation during a critical hostage situation. In addition, Professional Safety's product is offered in a modular format so that additional items and features can be purchased in the future at substantial cost savings. The selection committee found that the Professional Safety Inc., product best met the specifications and needs of our department and recommended this product for purchase. Currently, only Professional Safety Inc. manufactures and distributes the Crisis Response Negotiation System. In addition, our department has been unable to find a comparable product with the options provided by Professional Safety Inc. It is recommended that the purchase of a Crisis Response Negotiation System from Professional Safety Inc., be approved in the sum of $10,254.88. This expenditure was approved in account 205.2001.800.000. RECOMMENDED ACTION 1. Authorize Sole Source Purchase Of Crisis Response Negotiation System From Professional Safety, Inc. For The Sum Of $10,254.88. ALTERNATIVE COUNCIL POLICY OPTION' Reject proposal and provide staffwith direction for alternative action. Citizen Advised' N/A Requested by: Police Department Prepared by: Chris Dewey, Administrative Captain Coordinated with' Candace Horsley, City Manager and John Williams, Police Chief Attachments: Quote from P_rofessional Safety Inc. Candac-e Horsl~y,lity Manager PROFESSIONAL SAFETY, INC, of ENFORCEMENT TECHNOLOGY GROUP, INC. 400 N. Broadway Milwaukee, WI 53202 4-276-4471 800-8732872 Fax: 414-276-4642 Emall: pmsafe~prosafetytn¢.oc~n www._nm:~et?ine, earrl May 15, 2001 City of Ukiah 300 Seminary Ukiah, CA Attn: Nora RE: Req. No. inue At The Office Or Purchasing Dear Nora: The following is firm quote on our DL Model # 830 and extra accessories that come with the I Ea. Direct Link" Model DL 830 $ 8,999.00 Communications System Including All Items Checked Off) You have also ~uested an additional 500 fl. of cable to bring the distance to 1100 ft,: I! 4 Ea. ~ble Spool. & Qulckwlnder Pail, ~ ~nne~s the observation unit tIIthe control unit. 500' of cable/With spool Ii Total Cost: $ 9584.00 The equi.. _i~..ent tJslwarranted for a pedod of 2 years for parts and labor from the time we deliver ~ system. The equiprnen{ will be delivered et no charge. II We look forwarl t~ ~ing with your,ency. Note: Pmfessi~nal Safety, Inc,, Milwaukee, WI Is the cole ~K)ume of the "Direct Link" ~rlsis Reeponae 8y~ten~. I! PATENT PENE~IG ITEM NO. 7d DATE: JUNE 6, 2001 AGENDA SUMMARY REPORT SUBJECT: REJECTION OF CLAIM FOR DAMAGES RECEIVED FROM RAY LANGEVIN AND REFERRAL TO JOINT POWERS AUTHORITY, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND The claim from Ray Langevin was received by the City of Ukiah on May 14, 2001 and alleges personal physical damages related to a fall at the Boonville transfer station in Boonville on February 21,2001. Pursuant to City policy, it is recommended the City Council reject the claim as stated and refer it to the Redwood Empire Municipal Insurance Fund (REMIF). RECOMMENDED ACTION: Reject Claim For Damages Received From Ray Langevin And Refer It To The Joint Powers Authority, Redwood Empire Municipal Insurance Fund. ALTERNATIVE COUNCIL POLICY OPTIONS: Alternative action not advised by the City's Risk Manager. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Yes Claimant Michael F. Harris, Risk Manager/Budget Officer I~~ '~./..,leu~ Candace Horsley, City Manager 1. Claim of Ray Langevin (first five pages), pages 1-5. mfh:asrcc01 Candace Horsley, C~ 0606CLAIM Manager TO' · 2. 3. 4. 5. 6. GOVE RNME N TAJ~ CLAIM Mendocino Solid Waste Management County of Mendocino City of Ukiah, City of Fort Bragg, City of Willits, and the MAY14 2001 hority CITY OF UKIAH CITY CLERK'S DEPARTMENT Anderson Valley Community Services District CImXIMANT · Ray Langevin CLAIMANT ' S ADDRESS' c/o his attorney CLAIMANT'S PHONE NUMBER' Walter C. Cook, 111330 LAW OFFICES OF JOSEPH D. O'SULLIVAN 1500 - 20~h Street San Francisco, California 94107 c/o his attorney (415) 920-0423 ADDRESS TO WHICH NOTICES ARE TO BE SENT· Walter C. Cook LAW OFFICES OF JOSEPH D. O'SULLIVAN 1500 - 20th Street San Francisco, California 94107 DATE OF OCCURP~ENCE OR TRANSACTION' February 21, 2001 PLACE OF OCCURRENCE OR TRANSACTION' Boonville Transfer Station Boonville, California (On Mountain View Road) HOW DID ACCIDENT OR TRANSACTION TAKE PLACE At said time and place, claimant Ray Langevin was at the Boonville County Transfer Station dumping trash from his vehicle into a dumpster. The Boonville County Transfer Station is a owned, controlled, and or managed by the Mendocino Solid Waste Management Authority, which is a a joint powers agency created by the County of Mendocino, City of Ukiah, City of Fort Bragg, and the City of Willits. Each of the above agencies was and is the agent, partner, joint venturer, employee, or principal of each of the remaining governmental agencies. Langevin Claim vs. County of Mendocino, et al., Page 1 Claimant is informed and believes that Amderson Valley Community Services District retains some ownership, management, control, or supervision over the Boonville Transfer Station, and was also an agent, partner, joint venturer, e~ployee or principal of each of the remaining governmental agencies named in this claim. Mr. Langevin was standing on or about his vehicle upon an elevated structure which was to the side of the dumpster, and which was elevated so that the floor of the structure was fl'ush with the top of the dumpster. While so using the C~unty Transfer Station, Claimant Mr. Langevin, fell off the structure, landing'near the foot of the dumpster, so as to' cause severe and permanent physical injuries. The above governmental agency knew or should have known that the structure as designed, maintained, and constructed, constituted a dangerous condition of public property in that it created a substantial risk of harm to the public in general, and Ray Langevin specifically, in that the retaining wall which claimant fell over had inadequate and/or broken guardrails which created a foreseeable and preventable falling hazard. Moreover, the above governmental agency knew or should have known that the above risk of harm should have been mitigated by the placement of warning signs to notify the public of the substantial falling hazard, by fixing the broken guardrail, a~d/or by installing a code complying guardrail. The above governmental agency owned and/or controlled the property where the accident took place at the time it took place. Said governmental agency had actual and constructive notice of the defects complained of herein, and with sufficient time prior to the injuries complained of to have corrected it. The dangerous condition complained of was created and maintained by the agents and employees of the above governmental agency. Claimant is informed and believes that the dangerous condition complained of herein was also in violation of applicable local, county and state building codes, and was also in violation of State OSHA regulations, such that the dangerous condition complained of herein constituted negligence per se against the above named governmental entities. As a direct and proximate cause of the above acts and omissions of the above governmental agency, claimant was caused to suffer severe and permanent physical injuries, loss of earnings (past and future), loss of earning capacity (past and future), and pain and suffering (past and future). In addition, claimant has incurred general damages and special damages, according to proof. DAMAGES SUFFERED BY CLAIMANT. Claimant suffered severe physical and emotional injuries, broken bones, broken ribs, multiple fractures about his skull, and cuts and abrasions, as a result of the above accident. In addition, Claimant has suffered permanent neurologic injuries, cognitive changes, personality changes, memory loss, and post-concusive syndrome. Claimant required emergency medical treatment, helicopter transport, extended hospitalization, follow up care, and rehabilitation. At this time, Mr. Langevin is not in receipt of all of his medical bills, but in an effort to provide as much information as possible Claimant attaches hereto, and incorporates by this reference, a true and correct copy of Mr. Langevin's statement of charges from Santa Rosa Medical Center totaling $95,895.33. DEMAND · Claimants past and future medical expenses, emotional distress, pain and suffering, wage loss, special damages, and general damages, are in an amount above the jurisdictional limits of the Superior Court of California, and will be proved at trial. Alternatively, claimant demands $5,000,000.00 (Five Million Dollars) to settle this case. Dated' 'AW F By' Cook Attorney for Claimant Langevin Claim vs. County ~ M~nd~ci. no. et a].. Pace 3 PROOF OF SERVICE I, Anna Silva, do hereby declare' I am employed in the City and County of San Francisco, my business address is 1500 - 20th Street, San Francisco, California 94107, and I am not a party to this action. On this date I served. GOVERNMENTAL CLAIM XXXX by placfng a true copy thereof'enclosed in a sealed envelope, with postage thereon fully prepaid, in the United States Post Office mail box at San Francisco, California, addressed as set forth below. by personally delivering a true copy thereof to the person at the address set forth below' by giving a true copy thereof enclosed in a sealed envelope to Western Messenger Service for personal service on the persons addressed below' See attached mailing list , I declare under penalty of perjury that the foregoing is true and correct. Executed on ~a~, ZOO! , at San Francisco, California. ~ ~~ Anna Silva Langevin Claim vs. Col]~tv ~ M~ndocino. et a] . . Pace 4 1. Mendocino Solid Waste Management Authority Mr. Paul Taylor SOLID WASTE DIVISION 559 Low Gap Road, Ukiah, CA 95482 2. County of Mendocino Auditor - Controller 501 Low Gap Rd., Room 1080 Ukiah, CA 95482 Board of Supervisor 501 Low Gap Rd., Room 1080 Ukiah, CA 95482 3. City of Ukiah, CITY MANAGER'S OFFICE, 300 Seminary Avenue Ukiah, CA 95482 4. City of Fort Bragg, City of Fort Bragg Attn: Connie Jackson 415 N. Franklin Street Fort Bragg, CA 95437 Fort Bragg Board of Supervisors 790 S. Franklin Fort Bragg, CA 95437 5. City of Willits City of Willits 111E. Commercial St. Willits, CA 95490 6. Anderson Valley Community Services District Address to be determined, and to be mailed under separate cover -.5- AGENDA SUMMARY ITEM NO. 7e DATE: June 6, 2001 REPORT SUBJECT: AWARD OF CONTRACT TO FERRANTI CONSTRUCTION, INC. FOR STATE STREET TREE AND MAIN STREET PARKING LOT LANDSCAPING PROJECT, SPECIFICATION NO. 00-02 IN THE AMOUNT OF $564,625 SUMMARY: The City distributed plans and specifications to four builder's exchanges and six contractors for the State Street Tree and Main Street Parking Lot Landscaping Project. The City publicly advertised this project on May 1, 2001 and May 8, 2001 in the Ukiah Daily Journal. Two sealed proposals were received and opened by the City Clerk on May 29, 2001. Ferranti Construction Inc. of Redwood Valley, California was the Iow bidder with a bid in the amount of $564,625. Please note Attachment 1 for a comparison of the bids. The Engineer's Estimate for the project is $500,000. continued on page 2 RECOMMENDED ACTION: Award the contract for State Street Tree and Main Street Parking Lot Landscaping Project, Specification No. 00-02, to Ferranti Construction Inc. in the amount of $564,625 and authorize the City Manager to execute the contract documents. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Reject the bids and therefore forfeit the TEA Grant Funds of $503,000 for this project. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Diana Steele, Director of Public Works/City Engineer Diana Steele, Director of Public Works/City Engineer Candace Horsley, City Manager 1. Bid Tabulation 2. Bid Proposal from Ferranti Construction Inc. 3. Fiscal Year 2000/2001 Budget Sheet Candace Horsley, C~y Manager Awa~ of Contm~ to Ferranti Constru~ionlnc. forState StreetTme and Main Street PaAing LotLandscaping Pr~e~,Specification No. 00-02inthe Amountof$564,625 June 6,2001 Page 2 The City has a budget amount of $572,000 for this project. The bid amount of $564,625 is within the approved budget amount for this project. Staff is currently in the process of obtaining proposals for construction inspection of this project. Additional funds will be necessary at a future date when construction inspection costs are identified. There was a typographical error in the bid documents which resulted in Ferranti Construction bidding $0 for base bid item 1E on the Bidder's Sheet. Since the price per tree was delineated in the bid, the additional amount was calculated at $5,419 and Ferranti Construction Inc. was still the lowest bidder. Both Caltrans and the City Attorney have approved the irregularity and have approved the Ferranti Construction bid as Iow bidder. As with construction projects there may be cost overruns by reason of unforeseen work or because actual quantities installed exceed estimated quantities. Policy Resolution No. 13, authorizes the responsible Department Head with approval of the City Manager to issue change orders not to exceed 10 percent of the original contract sum or $5,000 whichever is greater provided that no change exceeds the amount budgeted for the project. AGStateStreetTree.SU M LLI Z ~;LIJ r~n~ 0 Z BIDDER'S SHEET (Do Not Detach) In case of discrepancy between words and figures, the words shall prevail. BASE BID ITEMS 1, State Street Trees lA. lB. Installation of Trees at Locations 001-039, from Beacon to Washington, West Side of State Street, complete, a lump sum price of: dollars Installation of Trees at Locations 040-076, from Washington to Luce, West Side of State Street, complete, a lump sum price of: ' '~- £~FE? dollars lC. Installation of Trees at Locations 077-105, from Luce to Gobbi, West Side of State Street, complete, a lump sum price of: I I - 1D. 1E. Installation of Trees at Locations 106-129, from Gobbi to Mill, West Side of State Street, complete, [.:. lump sum price of: ~'~:'¢;~-~ ~?~u.-a.~.~.~, ~.~ ~' ~',-,(~~....~. dollars $. Installation of Trees at Locations 165-198, from Henw to Gibson, West Side of State Street, complete, a lump sum price of: -~ ~ dollars $ 1 F. Installation of Trees at Locations 199-264, from Gibson to Empire, West Side of State Street, complete, a lump sum price of: ~\'-(-~e ~.,, ,4 ~ dollars $ -~.~/ ~ 1G. Installation of Trees at Locations 265-294, from Hastings to Cher.ry, East Side of State Street, complete, a lump sum price of: 1H. Installation of Trees at Locations 295-344, from Cherry to Mill, East Side of State Street, complete, a lump sum price of: Specification 00-02 Addendum No. 1 BB-3 May 16, 2001 1 I. Installation of Trees at Locations 375-440, from opposite Henry to S. end of Fairgrounds, East Side of State Street, complete, a lump sum price of: 1J. Installation of Trees at Locations 471-488, from Gibson to Empire, East Side of State Street, complete, a lump sum price of: / - I 4 / 2. Parking Lot 2A. 2B. 2C. 2D. 3, 3A. 3B. For installation of a new irrigation System in City R-O-W Area, complete, a lump sum price of: ~' ' -~: ' ~..~.~.~. v~--'~ dollars $ } {/~.:C, ~::::: For landscaping, in Ci~ R-O-W Area, including street trees, tree grates and frames, complete, a lump sum price of: (-~'~'~'~:~ ~,~'.-~ ~'~ ~~ "~, dollars $ / {, 1~/~- ~C For the demolition, removal and disposal of existing sidewalk, curb 8nd gu~er, installation of new curb, gu~er and sidewalk, wheelchair ramps, and all related work, completo, ~. lump sum price of: o _~? lv~ dollars $ For landscaping within the Oi~ parking lot (behind back of sidewalk), complete, a lump sum price of: TOTAL ALL BASE BID ITEMS dollars · °'"'-6 ¢4:L/ALTERNATIVE BID ITEMS Additive/Deductive Unit Price Bid Items For furnishing and installing tree with 3'x3' frame and grate in existing AC, complete, a unit price of: dollars per each $ /¢-f/'~-',c-O. per each. For furnishing and installing tree with 4'x4' frame and grate in existing AC, complete, a unit price of: dollars per each $ ?'? ! ~',~K.-~ per each. Specification 00-02 Addendum No. 1 BB-4 2F', ?_.. May 16, 2001 3C. 3D. 3E. 3F. 3G. 3H. 31. For furnishing and installing tree with 3'x3' frame and grate in existing concrete, complete, a unit price of: dollars per each $/~¢ ?.~"7.¢--o per each. For furnishing and installing tree with 4'x4' frame and grate in existing concrete, complete, a unit price of: dollars per each $ ¥~.¢(~.~c per each. For furnishing and installing tree with 5'x5' frame and grate in existing concrete, complete, a unit price of: . . 4 ,-~d<., dollars per each $ \~ -~ x. c--(::, per each. l 4 For furnishing and installing tree in landscaped or unimproved area, complete, a unit price of: %.~-~.-. Lt~'~-7.. ~.,.~' dollars per each $ ~-/.~'~, 8-(:, per each. For relocating Mail Drop Box, as described in Section 10-5.03, complete, a unit price of: .t_ \,~-~_ ~ i_.,'~ -.O,~' dollars per each $ _.¢-~'.~;, ~ per each. For relocating street signs, as described in Section 10-5.04, complete, a unit price of: dollars per each $ o~(~. ~ per each. For removing trees and stumps, as described in Section 10-5.02, complete, a unit price of: '~(, ,~ t~ -/' dollars per each $ ,5~~; per each. Specification 00-02 Addendum No. I BB-5 May 16, 2001 '¸1 INFORMATION REQU;RED OF BIDDERS LIST OF SUBCONTRACTORS The following are the subcontractors we propose to engage on the following items of work. Any item of work for which a subcontractor is not designated will be performed by the prime contractor. Name & Address Type of Work Prime Contractor: List three projects of this type recently completed. Date Completed Owner's Name and Address Contract Amount Person who inspected the site of proposed work for your firm. '~c~AL~.~ ~. F~,'~-'[", Date of lnspection: ,.~/.~?~/ Name: BB-6 WITHHELD CONTRACT FUNDS CERTIFICATION On September 26, 1981, the Governor of California approved Senate Bill No. 835 which requires the inclusion in invitations for public agency bids and in public agency contracts, a provision which will, at the expense of the contractor, permit the substitution of securities of equal value for any construction progress monies withheld to ensure performance up. der a contract pursuant to the requirements of Public Cc,qtract Code Section 10261. STATE STREET TREE AND MAIN STREET PARKING LOT LANDSCAPE PROJECT SPECIFICATION NO. 00-02 Federal Project STPLE- 5049 (007) I hereby submit that: . I do not intend to substitute securities for monies withheld and thereby avail myself of the process and rights outlined in Senate Bill No. 835. () I do intend to exercise my option as spec!lied in Senate Bill No. 835 and hereby agree to the following: . I will establish an escrow agreement satisfactory to the City with a state or federally chartered bank, which shall contain at a minimum provisions governing inter alia: A. The amount of securities to be deposited; 1) 2) 3) The type of securities to be deposited, (eligible securities for deposit are described in Government. Code Sect[on 16430); The providing of powers of attorney or other documents necessary for the transfer of the securities deposited; The terms and conditions of conversion to cash to provide funds to meet defaults by the Contractor including, but not limited to termination of the Contractor's control over the work, stop notices filed pursuant to law, assessment of liquidated damages or ot~o? amounts to be kept or retained under the provisions of the contract; 4) The decrease in value of securities on deposit; and 5) The termination of the escrow agreement upon completion of the contract and acceptance by the City. . . I will obtain written consent of the surety to any such agreement; and I will attach to each progress payment submitted a copy of escrow instructions executed by and notarized by agents thereof and on bank BB-7 Letterhead as proof that such an account has been established· Such instructions will set forth that securities deposited shall not be withdrawn for any purpose (with contractors complete and unreserved agreement) without prior written app-oval by the City of Ukiah with respect to the project hereinabove referenced. , ,~..,,/u2 Contractor Signature Title · - - Busir~ess Address Pla6~ of Residence BB-8 PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT In accordance with Public Contract Code Section 10285.1 (Chapter 376, Stats, 1986), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has , has not v/ been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.!. Note: The bidder must place a check mark after "has" or "has not" in One of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement, Bidders are cautioned that making false certification may subject the certifier to criminal prosecution. BB-9 PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE in accordance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been dlsqua:.,,..d, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No if the answer is "Yes", explain the circumstances in the following space. Contractor BB-IO PUBLIC CONTRACT SECTION 19232 STATEMENT In accordance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than ons final unappealable finding of contempt of court by a federa; court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to com,oly with an order of the National Labor Relations Board. Contractor BB-11 NON-COLLUSiON AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7t 06) In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, an_d has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, . communication, or_ conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the' proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, ~ny fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. NOTE: The above Statement, Questionnaire and Non-Collusion Affidavit are part of the Proposal. Signing this Proposal on the signature portion thereof shall aisc constitute signature of this Statement, Questionnaire, and Non-Collusion Affidavit. · Bidders are cautioned that making a false certification may subject the certifier to criminal prosec?~ion. .j BB-12 ZP. IO TITLE 49, CODE OF FEDERAL REGULATIONS - PART 29 DEBARMENT AND SUSPENSION CERTIFICATION The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any person associated therewith in the capacity of owner, partner, director, officer, manager: is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal Agency within the past 3 years; - does not have a proposed debarment pending; and, has not' been indited,' convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space: Exceptions will not necessarily result in denial of sward, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Note: Providing false information may result in criminal prosecution or administrative sanctions. -The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. Accompanying this proposal is ~.~, ~c~?r~. $ ~,,~-c? (Notice: Insert the words "Cash ($ )," "Cashier's Check", "Certified Check", or "Bidder's Bond", as the case may be), in an amount equal to at ieast 10 percent of the total of the bid. The names of ali persons interested in the foregoing prooosal as principals are as follows: BB-13 '! '1 IMPORTANT NOTICE: If the bidder of other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a co-partnership, state true name of firm, also names of all individual co-partners composing firm; if bidder or other interested person is an individual, state first and ~ast harris in full. Licenses in accordance with an act providing-for the registration.of Contractor's License No. J~ ~~ ., ~pirmion Date ~/Z~/Z,'~ '9 · By my signature on this proposal ! ce~i~, under penal~ of perju~, that the foregoing Public Contra~ Code Sections 10162 questionnaire and 10232 statement and the T~ie 23 United States Code, Section 112 Non-collusion affidavit ere true and correct and that the bidder has complied with the [equirements of Se~ion 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, T~e 2 of +~e Ca~ornia Administrative Code). Sign Here Business Address: Place of Business: Place of Residence: ?s"q' 7 o BB-14 0 0 ITEM NO. DATE: June 6, 2001 AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION AND ADOPTION OF RESOLUTIONS APPROVING REPORTING EMPLOYER PAID MEMBER CONTRIBUTIONS AS ADDITIONAL COMPENSATION - ELECTRIC UNIT Upon the recent adoption by the City of Ukiah of the Memoranda of Understanding (MOU) for the Electric Unit, the City agreed to commence paying and reporting the value of PERS Employer Paid Member Contributions as additional compensation. This program was approved by the City Council for the Fire, Miscellaneous, Management and Department Head Units on February 7, 2001. Under Government Code Section 20636(c), an employer has the option of reporting the value of employer paid member contributions (EPMC) to CalPERS as additional compensation. In addition, with the implementation of Internal Revenue Code Section 414 (h) (2) "Employer Pick-Up", federal and state taxes on the amount of these member contributions are postponed until distribution, either through a retirement allowance or a lump sum payment (refund). To initiate this program the City Council must adopt a Resolution authorizing the City to commence paying and reporting the value of EPMC for the employees in the Electric Unit, in accordance with the adopted MOU. A separate Resolution authorizing implementation of the Employer Pick-Up must be adopted in conjunction with the EPMC resolution. Staff recommends adoption of the attached resolutions for implementation of EPMC and IRS Code Section 414 (h)(2). RECOMMENDED ACTION: 1. Adopt Resolutions Authorizing Employer Paid Member Contributions Reported as Additional Compensation and Employer Pick-Up to Implement Provisions of Section 414(h)(2) of Internal Revenue Code. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. City Council refer to Staff for further information. 2. Determine Program is not to be implemented, do not adopt Resolutions, and provide direction to staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Melody Harris, Personnel Officer Candace Horsley, City Manager 1. Resolution Authorizing Employer Paid Member Contributions Reported as Additional Compensation 2. Resolution Authorizing Employer Pick-Up to Implement Provisions of Section 414(h)(2) of Internal Revenue Code. 3. Electric Unit Memorandum of Understanding, October 1,2000 - September 30, 2004. APPROVED: ~. _ Candace Horsley, ~'~ ~anager 3:MOU~SRepmcelec RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING PAYING AND REPORTING THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS AS ADDITIONAL COMPENSATION WHEREAS, the City Council of the City of Ukiah has the authority to implement Government Code Section 20636(c) (4) pursuant to Section 20691; and WHEREAS, the City Council of the City of Ukiah has written Memoranda of Understanding from the Electric Unit, which specifically provides for the normal member contributions to be paid by the employer, and reported as additional compensation; and WHEREAS, one of the steps in the procedures to implement Section 20691 is the adoption by the City Council of the City of Ukiah of a Resolution to commence paying and reporting the value of said Employer Paid Member Contributions (EPMC); and WHEREAS, the City Council of the City of Ukiah has identified the following conditions for the purpose of its election to pay EPMC; a. This benefit shall apply to all employees of the Electric Unit. b. This benefit shall consist of paying 7% of the normal Electric Unit contributions, as EPMC, and reporting the same percent (value) of compensation earnable [excluding Government Code Section 20636(c)(4)] as additional compensation. c. The effective date of this Resolution shall be July 1,2001. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah elects to pay and report the value of EPMC, as set forth above. PASSED AND ADOPTED this AYES: NOES: ABSENT: ABSTAI N: __ day of June, 2001 by the following roll call vote: ATTEST: Marie Ulvila, City Clerk 3:\mou\epmc.res Phillip Ashiku, Mayor RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH IMPLEMENTING THE PROVISIONS OF SECTION 414(h) (2) OF THE INTERNAL REVENUE CODE FOR EMPLOYER PICK-UP WHEREAS, the City of Ukiah has the authority to implement the provisions of Section 414(h)(2) of the Internal Revenue Code (IRC); and WHEREAS, the Board of Administration of the Public Employees' Retirement System adopted its resolution re Section 414(h)(2) IRC on September 18, 1985; and WHEREAS, the Internal Revenue Service has stated in December 1985, that the implementation of the provisions of Section 414(h) (2) IRC pursuant to the Resolution of the Board of Administration would satisfy the legal requirements of Section 414(h)(2) IRC; and WHEREAS, the City of Ukiah has determined that even though the implementation of the provisions of Section 414(h)(2) IRC is not required by law, the tax benefit offered by Section 414(h)(2) IRC should be provided to its employees who are members of the Public Employees' Retirement System. NOW, THEREFORE, BE IT RESOLVED: I. That the City of Ukiah will implement the provisions of Section 414(h)(2) Internal Revenue Code by making employee contributions pursuant to California Government Code Section 20691 to the Public Employees' Retirement System on behalf of its employees who are members of the Public Employees Retirement System. "Employee contributions" shall mean those contributions to the Public Employees' Retirement System, which are deducted from the salary of employees and are credited to individual employee's accounts pursuant to California Government Code section 20691. II. That the contributions made by the City of Ukiah to the Public Employees' Retirement System, although designated as employee contributions, are being paid by the City of Ukiah in lieu of contributions by the employees who are members of the Public Employees' Retirement System. III. That employees shall not have the option of choosing to receive the contributed amounts directly instead of having them paid by the City of Ukiah to the Public Employees' Retirement System. IV. That the City of Ukiah shall pay to the Public Employees' Retirement System the contributions designated as employee contributions from the same source of funds as used in paying salary. V. That the amount of the contributions designated as employee contributions and paid by the City of Ukiah to the Public Employees' Retirement System on behalf of an employee shall be the entire contribution required of the employee by the Public Employees' Retirement Law (California Government Code sections 20000, et seq.). VI. That the contributions designated as employee contributions made by the City of Ukiah to the Public Employees' Retirement System shall be treated for all purposes, other than taxation, in the same way that member contributions are treated by the Public Employees' Retirement System. PASSED AND ADOPTED this 6th day of June, 2001 by the following roll call vote: AYES: NOES: ABSENT: ABSTAI N: ATTEST: Phillip Ashiku, Mayor Marie Ulvila, City Clerk 3:\mou\414h.res CITY OF UKIAH Memorandum of Understanding between the City of Ukiah and the Electrical Unit/IBEW, Local 1245 For October 1, 2000 - September 30, 2004 Preamble: This Memorandum of Understanding [MOU] is entered into pursuant to the Meyers-Milias-Brown Act (Calif. Gov't Code §3500 et seq.) and applicable ordinances and resolutions of the City of Ukiah, between the City of Ukiah [hereinafter the City] and the Electric Employees / IBEW, Local 1245 [hereafter the "Electric Unit" or IBEW]. As a result of meet and confer sessions, the City and IBEW have agreed to the following understandings. , , Term: The term of this MOU is 4 years - beginning October 1, 2000 and going to September 30, 2004. Equity increases & COLA: The following salary and equity increase schedule for classifications within the Electrical Unit shall not take effect until the first full pay period following final ratification by the Electric Unit / IBEW and ratification and enactment by the City of Ukiah in the spring of 2001. This equity and salary adjustment schedule shall apply, after ratification and enactment over the next 3 1/2 years as follows: CLASSIFICATION YEAR EQUITY COLA TOTA L Lineman & 1 [beginning 1st full pay 6% 4% 10% S_ub-Supervisor period following ratification & enactment in 2001]* 2 [ beginning 1st full pay 4% 4% 8% period in October, 2001] 3 [beginning 1St full pay 0% 4 % 4 % period in October 2002] 4 [[beginning 1st full pay 0% 5% 5% period in October 2003 4 Year Total 27% Apprentice 1 [beginning 1st full pay 3 % 4 % 7% Lineman period following ratification & enactment in 2001]* 2 [ beginning 1st full pay 2.5% 4% 6.5% period in October, 2001] 3 [beginning Ist full pay 0% 4 % 4% period in October 2002] 4 [[beginning 1St full pay 0% 5% 5% period in October 2003 City of Ukiah/Memorandum of Understanding with the Electrical Unit/IBEW Page 1 of 4 4 Year Total 22.5% Groundman, 1 [beginning 1St full pay period 2% 4% 6% Metering Service following ratification & enactment in Attendant, 2001]* Electrical 2 [ beginning 1st full pay period in 1% 4 % 5 % Distribution October, 2001] 3 [beginning 1St full pay period in 0% 4% 4% Associate & Electric October 2002] Engineering 4 [[beginning Ist full pay period in 0% 5% 5% Technician I & II October 2003 4 Year Total 20% * 4th Year Incentive (All Positions): EPMC will be added to salary beginning in Year I of the contract. The employee pays the PERS contribution. o , e 0 , Retirement: The City's current policy on retirement will be maintained. a. However, The MOU may be re-opened to discuss any changes in PERS retirement that may occur during the term of this contract, or any extension thereof. bo It is agreed that any changes in retirement under this section shall be revenue neutral to the City. The costs of any changes in retirement for electric unit members shall be offset by other projected or planned salary or benefit adjustments, such as salary increases, equity adjustments, COLAs or other benefits. EPMC: The City will offer EPMC to the Electrical Unit members beginning with the first pay period after ratification of this MOU. Insurance: a. The Cit~ offers to increase its monthly health insurance contribution for electrical unit members by $45 in year one [2001 - 2002] of the Contract, and another $45 per year in year three of the Contract [2003 - 2004]. b. If at any time during the term of the Contract or any extension thereof, any other employee organization in the Cit~ of Ukiah receives increases in health insurance contributions of $80 or more over the contributions received by members of the Electrical Unit / IBEW, the Ci~ agrees to allow the Union to re-open the Contract for meet and confer on this issue of health insurance contributions to the Electrical Unit members. Effective Date of Salary increases and benefits: The contract and increases in salary and benefits set forth in this MOU will be applicable beginning the pay period after ratification by the unit and IBEW, and final ratification by the City Council. Longevity: a. The merit - longevity "career step program" that the City has offered to other bargaining units is extended to members of the Electric Unit. City of Ukiah/Memorandum of Understanding with the Electrical Unit/IBEW Page 2 of 4 o , 10. 11. b. The same as with the Miscellaneous Bargaining Unit which has accepted this program, the career step program will begin in year two of this bargaining unit's MOU [begirming the first full pay period in October 2001]. Payroll Deduction for Union Dues: The City agrees to allow direct withdrawal of Union dues from Electrical Unit members' payroll upon receipt of proper authorization by IBEW and the Unit member. Equity Increases for Selected Classifications: The City agrees to consider relevant market and other relevant data regarding the classifications of Electrical Engineering Technician I & II, Groundman, Electrical Distribution Associate & the Metering Services Attendant after the beginning of the third year of this contract. a. The City is not under any obligation other than to meet in good faith and listen to the substantiated arguments of the Union regarding increasing the salaries for some or all of these 4 classifications. b. This is NOT a meet and confer obligation. c. The City will determine if it is moved by the logic of the Union's arguments after listening and reviewing its original data, any up-dated data, benchmark information, comparables, and financial situation. Consolidated/Comprehensive MOU: The City agrees to discuss the terms and conditions of a consolidated / comprehensive MOU, except for the items agreed to during current negotiations and set forth in Offer of the City dated April 12, 2001. Continuation: The City and the Electric Unit / IBEW agree that all conditions of employment established by City policy, including all conditions affecting wages, hours, and working conditions that are not specifically addressed in this MOU shall continue in effect and shall not be affected by the terms of this MOU. This Memorandum of Understanding is ratified and adopted pursuant to the recommendations of the following representatives: City of Ukiah , Candace Horsley City Manager Dated Electric Unit Employees/IBEW, Local 1245 AuthoriZed Reprdseniiative Print Name & Title: Dated City of Ukiah/ Memorandum of Understanding with the Electrical Unit/IBEW Page 3 of 4 Authorized Representative Dated Print Name & Title: ~ ~&~~/~, Authorized Re Dated Print Name & Title: ~ .~~~ ~'~-~j~t'~ City of Ukiah/Memorandum of Understanding with the Electrical Unit/IBEW Page 4 of 4 AGENDA SUMMARY ITEM NO. 7g DATE: June 6, 2001 REPORT SUBJECT: ADOPTION OF RESOLUTION ESTABLISHING A TIME LIMITED NO- PARKING ZONE / BUS LOADING ZONE AT 990 SOUTH DORA STREET SUMMARY: George Mayers, representing the Rural Adult Program (RAP) of the Ukiah Valley Association for Habilitation, has requested to establish a time limited no parking zone / bus loading zone at 990 South Dora Street, the location of the RAP facility. There is an existing no parking/bus loading zone along the frontage of 990 South Dora Street. However, this zone is inadequate in length to serve the needs of the RAP during the hours when clients are arriving and departing the facility. The proposed no parking zone, as shown on Attachment 1, would be limited to the hours of 8:30 AM to 9:30 AM and 3:00 PM to 4:00 PM, Monday through Friday. The net result of the proposed action will be a loss of two on-street parking spaces for two hours each day, at a location along the frontage of 990 South Dora Street. As shown on Attachment 1, the private residences adjacent to the RAP have off-street parking. On the west side of South Dora Street, there are two dentist offices located at the south end of the block and one dentist office located at the north end of the block. Each of these offices has off street parking. In addition, there is a total of 275 feet (approximately 13 parking spaces) of curbside parking space available for cars to park on the west side of South Dora Street between Luce Avenue and Observatory Avenue. The Traffic Engineering Committee reviewed this request at its regular meeting of March 20, 2001 and recommended approval to the City Council. Staff will distribute copies of this agenda report to offices and residences adjacent to the bus stop location to advise them of the proposed elimination of on-street parking spaces for a two-hour time period, Monday through Friday. RECOMMENDED ACTION: Adopt Resolution Establishing a Time Limited No-parking Zone/Bus Loading Zone at 990 South Dora Street. ALTERNATIVE COUNCIL POLICY OPTIONS: Do not adopt resolution and provide direction to staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: George Mayers, Rural Adult Program Diana Steele, Director of Public Works/City Engineerc~.-~.~ Rick Seanor, Deputy Director of Public Works Candace Horsley, City Manager 1. Resolution for Adoption 2. Loqati~ ~ap ~s~~~,,.,Ro~~~~~,D Candace H~rsley, City,~l~anager RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH REMOVING ON-STREET PARKING AND ESTABLISHING A TIME LIMITED NO PARKING ZONE / BUS LOADING ZONE ALONG SOUTH DORA STREET WHEREAS, the City Council may by resolution designate portions of streets upon which the standing, parking, or stopping of vehicles is prohibited or restricted pursuant to Article 11, Chapter 1, Division 8 of the Ukiah City Code; and WHEREAS, the provisions of Sections 21458 and 22500 of the California Vehicle Code permit the stopping of buses in a red zone marked or posted as a bus loading zone; and WHEREAS, the Traffic Engineering Committee (Traffic Engineer) considered the request from the Rural Adult Program of the Ukiah Valley Association for Habilitation to establish a time limited "No Parking Zone / Bus Loading Zone" within the City of Ukiah; and WHEREAS, the Traffic Engineer recommends the request regarding this "No Parking Zone / Bus Loading Zone". NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of Ukiah does establish a "No Parking Zone / Bus Loading Zone" limited to the hours of 8:30 AM to 9:30 AM and 3:00 PM to 4:00 PM, Monday through Friday, on the west side of South Dora Street, a length of 44 feet at the location designated by the City Engineer. PASSED AND ADOPTED this 6th day of June, 2001 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Marie Ulvila, City Clerk Phillip Ashiku, Mayor Resolution No. 2001- Page 1 of 1 AGENDA SUMMARY REPORT ITEM NO. gA -- DATE: June 6, 2001 SUBJECT: CONSIDERATION AND ACTION REGARDING APPEAL OF PLANNING COMMISSION DECISION TO CONDITIONALLY APPROVE THE EDGE WIRELESS CITY OF UKIAH COMMUNICATIONS TOWER USE PERMIT At the May 16'h, 2001 City Council meeting, a public hearing was conducted on the proposed use permit for the replacement of the existing City of Ukiah radio communications tower with a new radio communications tower built in partnership with Edge Wireless. The proposed new tower was planned to be built to the same height as the existing tower with the addition of digital cell phone antennas. After hearing from the community, representatives from Edge Wireless, and City Staff, the City Council asked that the matter be continued and directed staff to return to the June 6, 2001 City Council meeting with research relative to: o . Alternatives to the existing communication system, remote locations, and costs basis for each of these alternatives and, Technological enhancement requirements and alternative designs to the proposed communications tower. To conduct this study, staff met with a number of representatives, including the City's current radio service provider, other communication center supervisors who have built and maintained similar systems, FAA representatives for guidance on height and frequency coordination issues, City planning department staff members, and City Airport staff members. Cost estimations were confirmed by contacting an out of area radio service provider for a preliminary cost comparison. In addition, staff traveled to a number of sites to research alternative designs, alternative locations and costs associated with each option. (Continued on page 2) RECOMMENDED ACTION Staff recommends that the City Council up hold the Planning Commissions conditional approval of the radio tower use permit and deny the appeal. ALTERNATIVE COUNCIL POLICY OPTION: Reject proposal and provide staffwith direction for alternative action. Citizen Advised: N/A Requested by: City Council Prepared by: Chris Dewey, Captain Coordinated with: Candace Horsley, City Manager, Dan Grebil, Fire Chief, John Williams, Police Chief, Charley Stump, Planning Director Attachments: Questions and ,A'~wers on Health Studies Candace Horsley, C'ity"~anager On October 20'h, 1999 staff provided the City Council with a presentation regarding the Public Safety Technology Improvement Project, which overviewed the construction of a new Communications Center and installation of associated Dispatch equipment. When this project was conducted, State of California grant funds were utilized for the installation of new computerized dispatch radio workstations for our new communications center. These State Grant funds allowed the City of Ukiah to replace the outdated control portion of our radio communications system within the dispatch center. At this City Council meeting, staff also discussed our need to plan for the replacement of the radio systems along with our antennas and existing radio tower due to their age and use beyond their service life. Currently, our existing radios, antennas, and radio tower are in need of repair. Some of our current public safety radios no longer have replacement parts manufactured. Parts are obtained using recycled used items from discarded radios. Our existing radios have been moved twice in their service life, once from the old police station on Standley Street to the Civic Center, and then recently relocated during the Public Safety Technology Project. During our recent upgrade our radio vendors began to suggest we accelerate our plan for the installation of new backroom radio components. During this upgrade, we also discovered that over time, weather has deteriorated our existing antennas. The fiberglass exterior of some of our antennas has separated from the core, and water now makes contact with the antennas during the winter months. These antennas now swell during the wet periods of the year, and will soon fail to operate effectively. The City of Ukiah currently has 11 antennas mounted on both the radio tower and adjacent roof top area. These antennas operate Police, Fire, Public Works, School Safety, and Multi-Agency Channels. As our communications needs have expanded over time, additional antennas were added to the radio tower to support these added requirements. The City currently does not have the capability to combine antennas to reduce the actual number of antennas on the tower, and additional growth can only be accommodated with the addition of more antennas. Lastly, our current 100' radio tower is beyond its serviceable life. Only one local vendor will still service our current radio tower, and it has served well beyond its expected service life. During our recent planning process for the upgrade and replacement of our existing radio communications tower, staff consulted our radio service provider, Masterson Communications. Our goals for this project were three fold; 1 ) to recycle and use as many of our existing equipment as possible to reduce costs, 2) replace our current antenna system with an antenna combining system, which will reduce our number of antennas from 11 to 5 and allow for additional radios to be added in the future without adding additional antennas to the radio tower, 3) and upgrade our Fire Department communications abilities which currently do not fully support the use of portable radios within buildings. At our planning sessions, we discussed ideas to relocate our existing tower, but did not explore these options due to the substantial increased costs associated with such a move. Masterson Communications presented our radio frequency requirements to a 3'~ party engineer who designed the antenna combining components of the system to ensure that all frequencies will operate from a reduced number of antennas, allow for redundancy within the new system, and allow for the expansion of the system in the future. In addition, we reviewed our existing equipment that can be used for this new system, and specified what additional radio components were necessary to support our requirements. This new system would install five total antennas to a new radio tower, one master receive antenna located at the top of the new tower to receive transmissions from all of our frequencies, and four transmit antennas located at two levels on the tower for the transmission of our various frequencies. These transmit antennas on the tower require separation in order to function properly; two of the antennas would be located at the 70' level and two antennas at the 40' level of the tower. After setting these specifications, a cost analysis of this plan was conducted based upon initial estimates of the expense for the actual antennas, antenna combining system, and base radio components. Because of the complex nature of the project a rough estimate between $45,000 and $54,000, plus approximately $15,000 in labor for the installation, was obtained. This cost will vary due to the engineering costs and actual installation location. This designed system was then combined with the proposal from Edge Wireless and their proposal to add digital cell phone antennas on the tower. Edge Wireless has proposed to place two antennas facing in a northerly direction and two antennas facing in a southerly direction at the top of the tower. These 4 antennas would be located at the base of the Public Safety master receive antenna, and would be separated from our 4 transmit antennas. Of the four antennas proposed by Edge Wireless, two would transmission antennas and two would be receive antennas. Following the May 16'h, City Council meeting, staff began to research alternative locations for the installation of a new radio tower and the costs associated with this relocation, review alternative forms of technology to meet the City of Ukiah's communication needs, and alternative designs and costs for our current site. Because of the complex nature of this project, staff first addressed the type of technology needed to relocate our communications tower on any site, then applied the alternative forms and associated costs to a number of sites within the greater Ukiah Valley area. Actual Tower and Support Building Relocating our communications tower to another site within the area will require the purchase and construction of a new radio communications tower. The total cost of this portion of the project includes the purchase of the actual radio tower, construction of the foundation for the tower, purchase and installation of a support building to house the base radio components, and required power, and telephone to the building. The total estimated cost for this portion of the project is $150,000 dollars. In addition to this cost additional expense would include any land lease or purchase for the actual site chosen for the installation of the radio tower. Licensing Fees Currently the City of Ukiah holds licenses from the Federal Aviation Administration (FAA) and the Federal Communications Commission (FCC) for our current location. Relocating our radio facilities will require the City of Ukiah to apply for new licensing with both agencies. The FAA tower registration fees can be obtained at no cost, but they do require a lengthy application process, and a consultant is needed to assist with the application requirements. The FCC does require fees for their applications, which also need the assistance of a consultant for the application process. Total cost for both agencies and consulting fees would range between $3,000 and $5,000 dollars. Remote Communication to an Off-Site Radio Tower If the City of Ukiah moves the radio tower to another site within the Ukiah area, remote communication to and from the tower will be required. A direct form of communication is required from the Dispatch Center to the actual radio tower, where the communication is then broadcast over the radio frequencies. Currently, there are two forms of communication, which can be utilized from the Civic Center to a remote site. The remote location can be communicated with utilizing a dedicated phone line or through microwave technology. Dedicated Phone Line Using phone line communication to and from the remote location is one of the options available. Because of the volume of communication traffic, a dedicated T-1 type line between the two locations would be required. Currently, the cost of a T-1 to the City of Ukiah is approximately $400 dollars per month. In addition, each location will require the installation of 4 multi-plexing routers to control each site at an estimated cost of $3,000, and an additional $2,000 for redundant routers in the event of an equipment failure. Although this solution to remote connections appears at first to be cost effective, the reliability of this option requires that an in-ground dedicated phone line or fiber-optic line be installed, which would be cost prohibitive, requiring an investment of $30 per foot for the installation. If existing phone lines were used for these communication purposes, a redundant system would be needed to ensure communications could be obtained during a natural disaster, winter storm, or other events, which may disrupt routine phone service. One solution for redundancy would be to install a microwave system as back up for use during these events. Microwave Systems The other reliable solution to communicate with a remote tower location is the installation of a microwave system. This system is currently used by other Public Safety agencies within our county. This system requires a microwave dish, located on the Civic Center property with a line-of-sight to the remote location, where a second microwave dish would be located. The technology would have built-in receiver and transmitter redundancy in the event of an equipment failure. The cost for this system is estimated at $50,000 for equipment, $10,000 labor and approximately $1,200 per year in maintenance. Microwave radio frequency emissions are at a significantly higher level than the levels in this proposal. Voting Receivers If a Iow level location at either end of the Ukiah Valley is selected for the radio tower relocation, an additional component will be required. Currently, the City of Ukiah radio tower is located in the geographical center of the City. Moving the tower to the North, East, or South ends of the City will require additional receivers be added to ensure communication abilities from any location within the area. Voting receivers select the strongest signal coming from a user and then direct that signal back to the Dispatch Center. These receivers are currently utilized by the Mendocino County Sheriff's Office, to ensure communications throughout the County. If used here in the Ukiah area, a voting receiver would be located at an opposing location to the new radio tower. This receiver would then need to be connected back to the Dispatch Center with phone, fiber-optic, or microwave communication, as the new radio tower will require adding an additional cost to these locations. This added component will cost approximately $12,000 in equipment costs and 3,000 in labor. Alternative Locations City staff reviewed a number of locations for the possible relocation of the radio communications tower. Each site was then evaluated based upon the estimated costs associated with relocating at that site. Not every site available within the area was evaluated, but each site was chosen based upon location, availability, and ease of use, taking into consideration ability to obtain the needed licensing from the FAA and FCC, and the land use entitlements and building permits that would be required. In addition, costs were estimated based upon this study, and the redundancy needed for effective communications. $ City Water Treatment Plant, Sewer Treatment Plant, North Fire Station, Gobbi Street Park New Tower and Building FAA and FCC Consulting Fees Microwave Communications Voting Receiver 2~ Microwave Installation $150,000 $4,000 $60,000 $12,000 $60,000 Total Estimated Cost $286,000 Golf Course I Anton Stadium Area, City of Ukiah Landfill Site, Ukiah Airport Location-(possible FAA concerns) New Tower and Building FAA and FCC Consulting Fees Microwave Communications $150,000 $4,000 $60,000 Total Estimated Cost $214,000 Spanish Mountain- (possible FAA concerns) New Tower and Building FAA and FCC Consulting Fees Microwave Communications Leasing Costs $150,000 $4,000 $60,000 $4,000 per year est. Total Estimated Cost $218,000 FAA Concerns While conducting this study, staff contacted and worked with the FAA about concerns with the Spanish Mountain and Airport locations. A list of our current and proposed frequencies was submitted for analysis by the FAA and that study has not been completed at the time of this report. Alternatives at the Ukiah Civic Center While conducting this study, staff reviewed alternatives in design at the Ukiah Civic Center. As staff reviewed our antenna specifications plan, and radio design, City consultants felt that the tower could possibly be lowered to 80' because of the increased efficiency of the new radio equipment. This decrease in size would mean that separation between transmission antennas would be reduced and lowered and that the overall life of the equipment would be significantly decreased, as well as the inability to take advantage of future developments in communications because of the reduced height over other transmission towers. The general recommendation to staff was to leave the radio tower at the 100' level. The 80' level of the tower will increase radio frequency levels at the ground level, while the 100' level will decrease the radio frequency emissions. In addition, staff reconfirmed the antenna combining aspects of the project to ensure no other antennas would be needed. This aspect of the project was reconfirmed, that our current 11 antennas would be reduced to 5 and that room for redundancy and growth has been designed into the antenna-combining project. Staff confirmed lighting issues for the tower. Our current location, FAA license and current regulation indicate that no lighting is required for our radio communications tower. Radio Frequency Emissions Staff additionally researched the radio frequency emissions from our existing radio equipment and researched the proposed emissions from both the proposed City of Ukiah antenna combining plan and the Edge Wireless plan. Staff found that radio frequency emissions are obtained through complex mathematical formulas, and actual levels vary depending upon the actual strength of the transmission radio, length and size of the adjoining coax cable runs, manufacturer, type and DBI or DBM gain of the antennas, the antennas relative position above the ground, and the actual frequency ranges being transmitted. Radio frequency emission levels decrease significantly through "free space loss" or the "Inverse Power Law" as a person moves away from the antenna source. As the City Communications is currently configured, 11 antennas are located on the existing radio tower and adjoining roof top areas. These antennas are located various levels with a number of the antennas located close to the ground. Staff found that by combining our antennas from 11 antennas to 5 antennas and moving them higher on the proposed tower, the 7 exposure to radio frequency levels at the ground level will decrease. In addition, Staff obtained from Edge Wireless their proposed radio frequency emission levels and then verified these levels with Masterson Communications. The proposed radio frequency emissions from their transmissions are stated to be at the maximum level. 12 watts at the base of the tower if the tower was built at the 80' level, and lower radio frequency emissions if located at the 100' level. As a comparison, a standard handheld digital cell phone has a radio frequency emission level of .4 to.6 watts depending upon the manufacture of the phone. Recommendations After a considerable review of the alternatives available for our radio communication needs, staff strongly supports the replacement of our current tower at the Civic Center location. This position is based upon the available alternatives, the cost associated with moving the radio communications offsite, and the ability to minimize the current visual appearance of our tower with antenna combining. Staff recommends that the City Council up hold the Planning Commissions conditional approval of the tower and deny the appeal. ' Cell Phone Antennas (Base Stations) and Human Heal. th .'.-'age ,~- o'' 3~ · In 1996, Mann and R6schke [113 ] reported that cell phone RF caused sleep dismrbanc;e in human volunteers, when the study was' repeated with a higher exposure intensity, the effect vanished [159 ]. Discussed in Q 19C. .... v2.8.0, Jan-2001' · Links to IEEE COMAR Teclmical Information Statements on base stations and hand-held mobile phones. o A report [154] on headaches and other syTnptom.~ reported by cell phone users is discussed in QI9B. · A [~)ort that tLF exposure of pregnant rats had no affect in their offspring [145]. Discussed in Q19C. . EX-13't~nded discussion of whether base station antennas need to be kept away from "sensitive" areas inQ14E. o A ~'~i3-°'~:t [I 48] that RF radiation may induce heat shock in worms without a detectable rise in . .. temperature. · .~ analysis [147] of exposure levels to a person on a roof near a base station antenna. · Three new rel30rts that RF radiation does not cause genotoxic injury to cells discussed in Q23D. o RF radiation did not damage Chromosomes and did not enhance the activity of known carcinogens [149 ]. o RF radiation did'not cause cell transformation [15I ]. o RF radiation did not cause chromosome damage' ~ind did not enhance micronucleus formation [150]. · A report [152, 153]"~hat intraocular melanoma is associated with occupational use of mobile phones an-d ~)~ii~" RF sources. Discussed in Q16. · A report [146] that RF from cell phones affect5 EEG, but not memory or reaction time. Discussed in Q 19C. · Q f5'-a-n'~t Q 16 were reorganized. v2.7.1, Dec-7000: · Two large new epidemiology studies of hand-held cell phones and brain cancer report no significant associations [138, 143 ]. Discussed in Q 16. · A review of epidemiologlca) e¥idence on health hsks of cellular telephones [!_3..9 ]. Discussed in Q16. · A'theory that the pulse pattern in the cell phone signal could cause biological effects independent of the energy in the signal [140]. · Possible effects of cell phon~' RF radiation on sleep [I 41]. Discussed in Q IgC. · Possible effects of cell phone RF radiation on headaches [142]. Discussed in QI9B. · The UK has stopped using its own standard for mobile phOnes and mobile phoh'e- base stations [14] and adopted the ICNIRP standard [10]. 1) Are there health hazards associated with living, working, playing, or going to school near a cellular phone or PCS base station antenna? No. The consensus of the scientific community, both in the US and internationally, is that the power from these base station antennas is fa' too low to produce health hazards as long as people are kept away from direct access to the antennas (see Q 13 and Q i 4 ). htt n://xvwxv.m cw. edtz/2crc/cor~/cel I-Dh o n e-h eal th- FAO/to c.html 3/28/01 7t is critical to be awm-e of the difSerencp, l:etween antennas, the objects that produce radio-fi'equency radiation; and towers or masts, the structures that the antennas are placed on. It is the antennas that p¢:ople need to keep tSere distance from, not the towers that hold the antennas. 2) Is anyone seriously concerned about possible health risks from cellular phone and PCS base station antennas? Not really. There are some reasons to be concerned about human health effects from the hand-held cellular and PCS phones themselves (although it is not certain that any risks to human health actually exist). These concerns exist because the antennas of these phones can deliver large amounts of radiofi'equency energy to very small areas of the user's body [83 ]. Base station antennas do not create such "hot spots", so the potential safety issues concerning the-i3hones have no real applicability to the base station antennas. For further discussion of health issues related to hand-held phones see the ICNIRP report [1 ], the reviews by Moulder and colleagues [95,131 ], the review by the Royal Society of Canada [99], the report of the UK Independent Expert :Oro'u~'on Mobile Phones (the "Stewart Commission")-[128 ], and Human Exposure to Radio Frequency and Microwave Radiation from Portable and Mobile Telephones and Other Wireless Communication Devices, A COMAR Technical Information Statement. 3) Do the differences between cell phones, PCS phones, and other Wpes of portable phones matter when evaluating the potential impacts of base station antennas on human health? No. There are many technical differences between cell phones, PCS t',hones~ and the types of"mobile" phones used in other counties [2, also see international note 2]; but for evaluation of possible health hazards, the only distinction thdt matters is-ffi~t' ~.h~'~"-~-~¢i:~ifd' at slightly different frequencies. The radiowaves from some base stations (e.g., those for the cell phones used in the U.S.) may be absorbed by humans somewhat more than the radiowaves from other types of base stations (e.g., those for the PCS phones used in the U.S.) [23]. However, once the energy is absorbed the effects are the same. · 4) Do the differences between base station antennas and other types of radio and TV broadcast antennas matter when evaluating their potential impacts on human health? Yes and no. The radiowaves from some antennas (particularly FM and VHF-TV broadcast antennas) are absorbed more by humans than the radiowaves from other sources (such as cellular phone or PCS base station antennas); but once the energy is absorbed the effects are basically the same. In addition, FM and TV antennas are 100 to 5000 times more powerful than base station antennas, and are usually mounted on much higher towers (typically 800 to 1200 ft). 5) Do cellular phone and PCS base station antennas produce radiation? Yes. Cellular and PCS phones and their base' station antennas are two-way radios, and produce radiofrequency (RF) radiation [3 ]; that's how they v,,ork. This radiofrequency radiation is "non- ionizing", and its biological effects are fundamentally different from the "ionizing" radiation produced by x-ray machines [see Q6]. http ://wwxv.mcw.edu./gcrc/cop/cell-phone-health-F A Q/toc.html 3/28/01 6) I:~ the nor~-ionizing radiation (radiowaves) from cellular phone and PCS base station ante~,,nas similar to ionizing radiations such as X-rays? No. The interaction of biological material with an electromagmetic source depends on the frequency of the source [4-]. X-rays, radiowaves and "EMF" from power lines are all part of the electromagnetic spectrum, and the parts of the spectrum are characterized by their frequency. The ffeque~cy is the rate at which the electromagnetic field changes direction and is given in Hertz (Hz), where one Hz is one cycle (change in direction) per second, and 1 megahertz (MHz) is one million cycles per second. Electric power in the US is at 60 Hz. AM radio has a frequency of around 1 MHz, FM radio has a frequency of around.100 MHz, microwave ovens have a frequency of 2450 MHz, and X-rays have frequencies above c)ne million million MHz. Cellular phones operate at 860-900 MHz, and PCS phones operate at 1800-2200 MHz [also see international note 2 ]. At the extremely high frequencies characteristic of X-rays, electromagmetic particles have sufficient energy to break chemical bonds (ionization). This is how X-rays damage the genetic material of cells, potentially leading to cancer or birth defects. At lower frequencies, such as radiowaves, the energy of the particles is much too low to break chemical bonds. Thus radiowaves are "non-ionizing". Because non-ionizing radiation cannot break chemical bonds, there is no similarity between the biological effects of ionizing radiation (x-rays) and nonionizing radiation (radiowaves) [4]. The Electromagnetic Spectrum http ://www.m cw. ed u/gcrc/co p/ce ll-pho nehealt h. F A Q/to c. h tm I 3/28/01 smbc pc,~r AM FM radio rnicr¢~ave field line ratio TV o'¢en lOs 10'~ 102 1 10.2 10.4 F . -,.1 I ~ ~ ~ ,l VaYelendh (meters) heal: I:anning medical lamp booth x-rays 10-~ 10.8 10-~o 10-12 L F .ii:. .: .? ~.-.:. .~,, Non-theh'nal Law ii~duced cu.[Tents .4::???? :..' .:,.-' ::.'.: AM -:: r'adio 3080 m 300 m _JZ, I ngth l F:requen~,,, 10 s 10 Radio Non-lonizincj Thermal Hgh induced currents Hca(lng '~-.. ~ , l' ! ..... 1 1 0tg.;~ 1 0~2 1 0TM 1 0~$ 1 0~a 1 020 ;~::.. v "' InFrared : X-my Micr~ve~.. s U rmv Jo bt (M~X0 -.~ (IR) ~ (UV) '/t '~'~. L '% ~ Ionizing I' o~Fa~ ]~oke~ ~o~> El~trdnic D~ ~ma~ exc~. Ph~hembal effS~ 3Om VHF-TV UHF-Tv' IvIW oven 3 m 30cm m I I I I I I t 100kHz 1000kHz '10MHz 100MHz 10001vtHz 10GHz 'OB' "cordless 'cellular" "PCS" e ~gg, z~>~o~r phones phonc-s prron~ p~nes 7) Are the radiowaves from cellular phone and PCS base station antennas similar to the "EMF" produced by power lines? No. Power lines produce no significant non-ionizing radiation, they produce electric and magnetic fields. In contrast to non-ionizing radiation, these fields do not radiate energy into space, and they cease to exist when power is turned off. It is not clear how, or even whether, power line fields produce biolo~cal effects; but if they do, it is not in the same way that high power RF radiation produces biological effects [4, 53 ]. There appears to be no similarity be~veen the biological effects of power lithe "EMF" and the biological effects of RF radiation. 8) Are there safety standards for cellular phone and PCS base station antennas? Yes. There are national and international safety gddelines for exposure of the public to the radiowaves produced by cellular phone and PCS base station antennas. The most widely accepted standards are those developed by the Institute of Electrical and Electronics Engineers and American National Standards Institute (ANSI/IEEE) [5 ], the International Commission on Non-Ionizing Radiation Protection (ICNIRP) [6], and the National Council on Radiation Protection and Measurements (NCRP) http ://w vvw.m cw. ed u/gcrc/cop/cel 1-phone-h eal th- F A Q/to c. h tm I 3/28/01 [7]~ These radiofrequency standards are expressed in "plane wave power density", which is measured in mW/cm-sq (milliwatts per square centimeter) [8 ]. For PCS (1800-2000 MHz) antennas, the 1992 ANSI/IEEE exposure standard for the general public is t.2 mW/cm-sq. For analog cellular phones (about 900 MHz), the ANSI/IEEE exposure standard for the general public is 0.57 mW/cm-sq [9]. The ICNIRP standards are slightly lower and the NCR) st,'mdards are essentially identical [[.0]. .. In 1996 the U.S. Federal Communications Commission (FCC) released radiofrequency guidelines for the frequencies and devices they regulate, including cellular phone and PCS base station antennas [l I ]. The FCC standards for cellular phone and PCS base station antennas are essentially identical to the ANSI/IEEE standard [5 ]. The public exposure standards apply to power densities averaged over relatively short periods to time, 30 minutes in the case of the ANSI/IEEE, NCRP, and FCC standards (at PCS and cellular phone frequencies), Where there are multiple antennas, these standards apply to the total power produced by all antennas [13 ]. See international note I2. 9) Is there a scientific basis for these radiofrequency safety standards? Yes. When scientists examined all the published literature on the biological effects of radiowaves they found that the literature a~eed on a number of key points [see 1,5,6,7, I4,53,83,90, 95,9'6 and 99 for details]' 1. The research on radiowaves is extensive [I 5 ], and is adequate for establishing safety standards. 2. Exposure to radiowaves can be hazardous if the exposure is sufficiently intense. Possible injuries include cataracts, skin bums, deep bums, heat exhaustion and heat stroke. See Reeves [[..'26] for a . .. discussion of the known effects of overexpose to RF radiation in humans. 3. Biological effects of radiowaves depend on the rate of energy absorption [8 ]; and within a broad range of frequencies (1 to 10,000 MHz), the frequency matters very little. 4. Biological effects of radiowaves are proportional to the rate of energy absorption; and the duration of exposure matters very little [96 ]. 5. No hazardous effects have been ~onsistently shown below a certain rate of whole body energy absorption [16 ]. Based on this scientific consensus, different agencies and countries took different approaches to setting safety standards. A typical approach was that used by ANSI/IEEE [5 ] and the FCC [[ t. ]. ANSI/IEEE and FCC applied a 10-fold safety margin to establish occupational exposure guidelines. They then applied an additional 5-fold safety margin for continuous exposure of the general public. Finally, detailed studies were done to establish the relationship of power density, which can be routinely measured, to energy absorption, which really matters [8 ]. The result was a highly conservative public exposure guideline that was set at a level that is only 2% of the level where replicated biological effects have actually been observed. http ://www.mcw. edtt/gcrc/cop/cell-phone-health-'F A Q/toc.html o/_8/01 10) Are all the safety, standards the same? No. There are differences between the standards. ANSI/IEEE, ICNIRP, NC1LP and FCC all use the same biomedical data, and the same general approach to set~ ing safety gn2idelines. However, there are differences in the models used by the different groups, and hence there -are slight differences in the final numbers [1 VI. No biological significance should be associated with these slight differences. A number of countries have their own regulations for public exposure to RF radiation from mobite phone base station antennas. While most of these regmlation follow the same patterns and rationales used by ANSI/IEEE [5] and ICNIRP ['6], they do diffkr. See note 12 for details.' · . . 11) Does the U. S. have safety, guidelines for mobile phone base stations? Yes. Until 1996 the U. S. Federal Communication Commission (FCC) used an out-dated (1982) ANSI standard that was .really desired for occupational, rather than public exposure. In 1996 the FCC adopted a new standard that is based on the newer (1992) ANSI standard, but which is not identical to it [ll]. The new FCC standard for mobile phone base stations is 0.57 mW/cm-sq for cellular phone frequencies and 1.0 mW/cm-sq for ]>CS phone frequencies. This 1996 FCC standard applied to all new transmitters licensed after 15-Oct-97, but pre-existing facilities had until 1-Sep-2000 to demonstrate compliance. The FCC power-density standards described above apply to whole-body public exposure to radio- frequency radiation from mobile phone base stations; they do not apply to exposure from the phones themselves or to occupational exposure. For a discussion of exposure from the phones or a discussion of occupational RF radiation exposure see FCC OET Bulletin 56 [135], the FCC guideline itself[l 1], a'~d Foster and Moulder [131 ]. ' ....... 12) Can cellular phone and PCS base station antennas meet the safety standards? Yes. With proper design, cellular phone and PCS base station antennas can meet all safety standards by a wide margin. A low-gain base station antenna, mounted 10 meters (33 fi) off the Round and operated at the maximum possible intensity, might produce a power density as high as 0.01 mW/cm-sq on the ground near the antenna site; but ground level power densities will more often be in the 0.00001 to 0.0005 mW/cm-sq range [57, 77,123,130]. These power densities are far below all the safety standards, and the standards themselves are'Set far below the level where potentially hazardous effects have been seen. Within about 200 meters (650 fi) of the base of the antenna site, the power density may be greater at elevations above the base of the antenna site (for example, at the second floor ora building or on a hill). Even with multiple antennas, and with both cellular phone and PCS antennas on the same tower, power densities will be less than 5% of the FCC guidelines at ail heights and at all distances of more than 55 meters (180 ft) fi'om an antenna site. Further than about 200 meters (650 ft) from the antenna site power density does not rise with increased elevation. http://wTvw.mcw.edu/gcrc/cop/cell-phone_health-FAQ/toc.html 3128/01 Power densiW inside a building will be loxver by a factor of 3 to 20 than outside [54,130]. Peterson et al [77 ] measured power densities around 4ell phone base stations. The measurements xvere for 1600 W (ERP) Iow-gain antennas (see Q14H for a discussion of antenna power and gain) on towers that ranged from 40 to 83 meters (130 to 2'75 ik) in height. The maxinmm power density on the Hound ,,vas 0.002 mW/cm-sq, and the maximum was at 20 to 80 meters (65-265 feet) from the base of the towers. Within 100 meters (330) feet of the base of the towers, the average power density was less than 0.001 mW/ca-sq. These maximum tLF power densities are all less than 1% of the FCC, ANSI/IEEE, NRPB and ICNIRP standards for public exposure. In 1999 in Vancouver Canada, Thansandote et al [I23 ] measured RF levels in five schools, three of which had base stations on them or near them. All Schools met Canadian, US and international RF standards by a wide margin. The maximum readings are shown in the following table. RF Levels in Canadian Schools Near [IS hoo ll Base Station Location I 1 -~l PCS base station across street ][ ~--- 'II analog base station 0nroof' ii Cell Phone Base Stations Maximum RF Le~ vel 0.00016 mW/cmLsq 0.0026 mW/cm-Sq 3" "llanalog base station across st eetl[ 0.00022 mW/cm}sq. SI[ antennas nearby I[~e~ than 0.00001 mV~/cm-sc [ Ca..n.a. di.a_n St~.n. da.r_..d ][ less than 0.57 mW/cm-.sq In 2000, the U.K. National Radiation Protection Board [I30] measured radiofrequency radiation levels at 118 publicly-accessible si. tes around 17 cell phone bas'e-stations. The maximum exposm'e at any location was 0.00083 rnW/cm-sq (on a playing field 60 meters from a school building with an antenna on its roof). Typical power densities were less than 0.0001 mW/cm-sq (less than 0.01% of the ICNIRP public exposure guidelines). Power densities indoors were substantially less than power densities outdoors. When radiofrequency radiation from all sources (cell phone, FM radio, TV, etc.) was taken into account the maximum power density at any site was less than 0.2% of the ICNIRP public exposure guidelines. Details are shown in the following figure. Radiofrequency Radiation Levels Near Mobile Phone Base Stations.in the UK I 0.1 0.01 Pov~r 0.001 densil:,/ (mW/cm2} 0.0001 0.0000 0.00000' 0.0000001 0 :'::::::-:: FCC,NFIP8 andlCN1RP Public ~xposu'e lirml:s ~,:.-..;. . , Ra. ng eot F' o'.~/~" D ensil:.y 50 100 150 200 Distonce from ~he to~,aer (or Imilding) b~m (meters) http://www.mcw.edu/gcrc/cop/cell-phone-health-FAQ/toc.html 3/28/01 The relationship betwee:i the F~-power density ,'md distance from the base of the tower or building on which the mobile phone base an~e~r,a was located. Adapted from Mann et al. [130]. The relationship between the PT levels required to produce known biological effects, the RS levels specified in the FCC safe .ty guidelines, ,'md the RF levels found around mobile phone base stations is shown in the following figure:. Standards for Mobile Phone Base Stations 1 O0 mW/cra2 - 40 mW/cra2 - 4 rnW/cm2 - 1 mV,//crn2 - 0.5 mW/crn2 - O. 0'1 mW/cra2 - O. O0 02'mY,//cm2 - · - Clear Hazards - Reproducible Effects - Unconfirmed Reports of Effects - FCC Public Exposure Standard (2000 MHz) - FCC Public Exposure Standard (900 IvlHz) - Maximum hlear a Cell Phone Tower Typical l',lea, r a Modern Phone Tower 02000, 3'~ ZvIou.lxle r The relationship between the RS power density level required to produce known biological effects, the RF power density levels specified in the FCC safety g-uidelines, and the RF power density. le. vels found around mobile phone base stations. Because the RF power density required to produce biological effects is dependent on fi'equency, this figure only applies to frequencies between 800 and 2200 MHz (that is, those currently used by analog and digital cellular phones). 13) Are there circumstances where cellular phone and PCS base station antennas could fail to meet the safety standards? Yes. There are some circumstances under which an improperly designed cellular phone and PCS base station antenna could violate safety standards. Safety standards for uncontrolled (public) exposure could be violated if antennas were mounted in such a way that the public could gain access to areas within 6 meters/20 feet (horizontal) of the antennas themselves [18]. This could arise for antermas mounted on, or near, the roofs of buildings. For antennas http :/Avww. mcw. edu/gcrc/cop/cell-phon e-h ealth-FA Q/toc.html 3/28/01 mounted on towers, it is very difficult to imagine a situation that would not meet the safety, stm~dards. Safety standards for controlled (occupational) exposure could be violated if antennas were mounted on a structure where worker access to areas within 3 meters/10 feet the antennas is required [I! 8]. Peterson et al [77], for example, found that 2-3 feet (I meter) from a 1600 W (ERP) low-gain roof-toi0 antenna, the power densi~ was as high as 2 mW/cm-sq (compared t< the ANSI [9] public exposure standard of 1.2 to 0.57 mW/cm-sq). 14) What siting criteria are required to ensure that a cellular phone and PCS base station antenna will meet safety, standards? While specific recommendations require a detailed knowledge of the site, the antenna, and the mounting structure, some general criteria can be set. 14A) What are some general siting criteria? 1. Antenna sites should be designed so that the public cann°t access areas that exceed the 1992 ANSI [5] or FCC [QI1 ] standards for public exposure. As a general rule, the uncontrolled (public) exposure standard dafinot be exceeded morethan 6 meters (20 feet) from an antenna [~8:]. 2. If there are areas accessible to workers that exceed the 1992 ANSI [5] or FCC [Q~ll ] st-andards for uncontrolled (public) exposure, make s~re workers know where the areas are, an-d :What precautions need to be taken when entering these areas. In general, this would be areas less than 6 meters (20 feet) fi'om the antennas [1 $ ]. 3. If there are areas that exceed the 1992 ANSI [5] or FCC [QI I ] standards for controlled (occupational) exposure, make sure that work~rs 'know wh~r~ these areas are, and that they can (and do) power-down (or shut down) the transmitters when entering these areas. Such areas may not exist; but if they do, they will be confined to areas within 3 meters (10 feet) of the antennas [~8]. If there are questions about whether these g-uidelines are met, compliance should be verified by measurements done after the antennas are activated. The FCC guidelines [11 ] require detailed calculations and/or measurement ofradiofrequency radiation for some high-power rooftop transmitters, and some high-power transmitters whose antennas are mounted on low towers [19 ]. --. In general, the above gmidelines will always be met when antennas are placed on their own towers. Problems, when they exist, are generally confined to: Antennas placed on the roofs of buildings; particularly where multiple cellular and/or PCS base station antennas for different carriers are mounted on the same building; Antennas placed on structures that require access by workers (both for regular maintenance, and for uncommon events such as painting or roofing). See international note 19. 14B) How can you tell the difference between a high-gain (sector) antenna and a low-gain (whip) http://www.mcw.edu/gcrc/cop/cell-phone-health-FAQ/toc.html 3/28/01 antenna? Because siting criteria for high- and Iow-gain antennas ~e different i't is important to be able to tell them apart (see Q 14H tbr a discussion of antenna gain). Fortunately, the antennas look rather different: Distinguish the Two Antenna Types 2-10 teat 2- 6 inches Low-gai n Omni-directional Usually in 3's (1 transmt antenna and 2 receive a nten nas) L ow-.Gain (whip) , _/Ua tenna 6-12 inches 4-5 feet ~ 6-8 inches Hlgh-,~,in 90-120° sector Usually in 9's (3 sectors wth 1 transmit antenna and 2 receive antennas per sector) High-Gain '(sector) Antenna Even from a distance the site (towers) for high- and low-gain antennas look different. When high-gain antennas are mounted on buildings;, they may not be obvious, particularly if they are mounted to rite sides of building, or more commonly to the sides of penthouses. Different Ways to Mount Antennas L Pole Mount Pole. Mount "Pen~houm .... Roof' Moun! "Paral:et' k, ow-CCaht (whip)', High-Gain (sector) 14C) What is the difference between the PO' patterns for high-gain and low-gain antennas? The RF patterns for the two different types of antennas are very different. For a low-gain (whip) antenna with a typical 1000 W ERP (see Q 14H for a discussion of antenna power and gain) of the type used by most cell phone bases stations, the- pattern looks like this: http://www.mcw.edu/gcrc/cop/cell-phone-health-FAQ/toc.html 3/28/01 RF Emiss~,ons from a 1000 W ERP Low-Gain Antenna (Typical analog cell phone b~se station antenna) Vertical (side view) Horizontal (top view) Very close to a low-gain antenna (in what is technically known as the "near field"), the power density around an antemm looks like ti:is: RF Emissions from a 1000 W ERP Low-Gain Antenna (Top view of the power density, close to the antenna) The data for the above figure were adapted (xvith permission) from drawings provided by UniSite Inc. of http://www.mcw.edu/gcrc/cop/cell-phone-health-FAQ/toc.html 3/28/01 Tampa, Florida 0~ttp://www.unisite.com). For a high-gain (sector) antenna of the type used in PCS base stations, the pattern looks like this: RF Emissions from a Single 1000 W ERP High- Gain Antenna (Typical digital cell phone or PCS base station antenna) Vertical (side view) Horizontal (top view) 0 '-'"'-'-~~ O. O01 m',~¢/crn2 contour · .--'7'-"~/'~ "'i oo ~'t · ' ~ 40ft ~70 180 @~ Mollie r Keep in mind that a typical PCS base station will use 3 (or occasionally 4) of these transmission antennas, all pointing in different directions. Very close to a single high-gain antenna (in what is technically known as the "near field"), the power density, around an anterma looks like this: RF Emissions from a Single 1000 W ERP High- Gain Antenna (Top view of the power density close to the antenna) http://www.mcw.edu/gcrc/cop/cell-phone-health-FAQ/toc.html 3/28/01 The data for the above :figure were adapted (With permission) from drawings provided by UniSite Inc. of Tampa, Florida (http://www.unisite. com). 14D) Is it safe to live on the top floor of a building that has a cell phone or base station antenna on it? In genet ::d this will not be a problem. 1. As can be seen from the antenna patterns shown in QI4C, neither hi?~., or low-gain antennas radiate much energy straight down. 2. The roof of the building will absorb large amounts of the RF energy. Typically a roof would be expected to decrease signal strenZh by a factor of 5 to 10 (or more for a reinforced concrete or metal roof). ' 3. FCC will require RF evaluations of all but the most low-powered roof-top transmitters (see note 19). 4. Even a worst-case calculation predicts that power density on the floor below an antenna will meet all cmTent RF safety standards [55 ]. 5. Actual measurements in top floor apartments and corridors confirm the power density will be far below all current RF safety standards [55]. 14E) Are use restrictions or "set-backs" required around cellular phone or PCS base station antenna sites? No. Radiofrequency safety guidelines do not require either setbacks or use restrictions around cellular or PCS base station antenna sites, since power le',els on the gound are never high enough to exceed the g~idelines for continuous public exposure (see Q8 and ..Q I.¢). As discussed in Q13 and Q14, there may be circumstances where use restrictions will have to be placed around the antenna~ themSel~,es. Some people have argued that base stations should be kept some distance away from "sensitive" areas. There is little logic to this argument: http://xvwxv.mcw.edtffgcrc/cop/cell-phone-health-FAQ/toc.html 3/28/01 1. As discussed in (!12 and documented in the 2000 NRPB report [130], the ground level power density does not drop with distance in any regular manner until you get about at least several hundred meters away from a base station. 2. People living, wor 'k_ing or studying in a building usually get less exposure from a base station that is on their building than they would from a base station several hundred meters away (Q12 and Note 130). 3. HorizOntal distance from a base station is less of a factor in g-round level power density than antenna height, the antenna power and antenna pat-tern. In addition, moving base antennas away fi-om an area where there are mobile phone users may' 1. Increase the exposure of the users from their handsets. 2. Require the base antenna power to be increased. 3. Require the base antennas to placed further above the ground. 4. Increase the cell size and limit the number of users. 14F) What precautions need to be taken when wm''king around mobile phone base station antennas? A detailed discussion of radio-frequency radiation oc, cupational safety guidelines is beyond the scope of this FAQ. In a detailed discussion of guidelines for teleco~mnunications antenna installation, Tell [116] makes the following recommendations: Specific Antenna Installation Guidelines (from Tell [116]) 1. For roof-mounted antennas, elevate the transmitting antennas above the height of people why may have to be on the roo 7. 2. For roof-mounted antennas, keep the transmitting antennas away from the areas where people are most likely to be (e.g., roof access points, telephone service points, HVAC equipment). 3. For roof-mounted directional antennas, place the antennas near the periphery and point them away from the building. 4. Consider the trade off between large aperture antennas (lower maximum RF) and small aperture antennas (lower visual impact). 5. Remember that RF standards are stricter for lower-frequency antennas (e.g., 900 Mhz) than for higher-frequency antennas (eo.=., 1800 MHz). 6. Take special precautions to keep higher-power antennas away from accessible areas. 7. Keep antennas at a site as for apart as possible; although this may run contrary to local zoning requirements. 8. Take special precautions when designing "co-location" sites, where multiple antennas owned by different companies are on the same structure. This applies particularly to sites that include high- power broadcast (FM/TV) antennas. Local zoning often favors co-location, but co-location can provide "challenging" RF safety, problems. Work Practices for Reducing Radio-frequency Radiation Exposure (from Tell [116]) . 1. Individuals working at antenna sites should be informed about the presence of RF radiation, the potential for exposure and the steps they can take to reduce their exposure. http ://x'vxvw. m cw. edu/gcrc/cop/cell-pho ne-h ealth- FA Q/to c.html 3/28/01 2. "Ifradiofrequency radiation at a site can exceed the FCC standard for general public/uncontrolled exposures, then the site'should be posted with appropriate sio. ns." [Per Richard Tell, personal communication, Feb 2000] 3. Radio-frequency radiation levels at a site should modeled befbre the site is built. 4. Radio-frequency radiation levels at a site should measured. 5. Assume that all antennas are active at all times. 6. Disable (lock out) all attached transmitters before working on an antenna. 7. Use personal monitors to ensure that all transmitters have actually been shut down. 8. Keep a safe distance from antennas. "As a practical guide for keeping [radio-frequency radiation] exposures low, maintain a 3-4 ft [1-1.2 mi distance from any [telecommunications] antenna."[~. 16] - . V' ~o" ~ 9. "Keep on mo m~, and "avoid unnecessary, and prolonged exposure in close proximity to antennas". 10. At some site (e.g., multiple antennas in a restricted space where some antennas cannot be shut down) it may be necessary to use protective clothing. 11. Remember that there are many non-PT hazards at most sites (e.g., dangerous machinery, 'electric shock hazard, falling hazard), so allow only authorized, trained personnel at a site. Also see Bernardi et al [147] for an analysis of actual exposure levels to a person on a roof near a base station antenna. 14G) How do you assess compliance with radio-frequency radiation guidelines for mobile phone base stations? Compliance can be assessed through measurements or calculations. Both methods require a solid understanding of the physics of RF radiation, and measurements require access to sophisticated and expensive equipment. Calculation: If the effective radiated power (ERP) and antenna gain of the base station antenna is known (see Q 14H 10r a discussion of ERP and gain) and the height of the antenna is 'known, then "worst case" calcul~ifi$iqS' of ground level power density can be made. However, rite calculation method is not simple and the ERP is often unknown (height and antenna gain can be estimated by visual inspection of a site). Measurement: Actual measurement of power density from mobile phone base stations requires sophisticated and expensive equipment and considerable technical knowledge. The instruments designed to measure power line fields and the instruments designed to test microwave ovens are not suitable for measuring base stations. Determining that base stations meet ANSI/IEEE, FCC, or ICNIRP standards is "relatively easy", but the instruments required cost well over US$$ 2000. Actual measurement of the power-density from a base station antenna is much more difficult, as there are many other sources of RF radiation at a typical site (see Mann et al [130]). . . For a technical discussion of measurement techniques and instrumentation see Mann et al [~30] and ........ NCRP Report No. 119 [134]. 14It) What do the phrases "antenna gain", "transmitter power" and "effective radiated power (ERP)" mean? The power of a mobile phone base station is usually described by its effective radiated power (ERP) which is given in watts (W). Alternatively, the power can be given as transmitter power (in watts) and http:/Avww.mc~v.edu/gcrc/cop/cell-phone-health-FAQ/toc.html 3/28/01 the antenna gain. Transmitter power is a measure of total power, while ERP is a measure of the power in the main beam. If an antenna was omni-directional and 100% efficient, then transmitter power and ERP would be the same. But mobile phone base station antennas (like most antennas) are not omni-directional; they are moderately (low-gain antennas) to highly (high-gain antennas) directional. The fact that they are directional means that they concentrate their power in some directions, and give out much less power in other directions. Antenna gain is a measure of how directional an antenna is; it is measured in decibels (dB). For example, a 30 W transmitter with a 15 dB antenna (reasonably typical for a sectored mobile phone base station) would have an ER? of 950 W. Perhaps the concept of "gain" and "ERP" are best explained by analogy to light bulbs. Compare a regular 100 W light bulb and a 100 W spot light. Both have the same total power, but the spot light is much brighter when you are in its beam and very weaker when you are outside its main beam. A mobile phone base antenna (particularly a high-gain panel antenna) is like the spot light, and ERP is equivalent to the power in the spot light's main beam. For a more complete technical discussion of these issues see Section 2.2.11 of NCRP Report No. 119 [1341. 15) Does everyone agree with the current RF safety standmds? Not everyone. Even among scientists there are a few people who claim that there is evidence that Iow level exposure to RF is hazardous (see, for example, Q15B and Q15C). However, even these scientists generally do not arg-ue that power densities as low as ih'6k3' found'-~ir-6hnd properly-designed base station antenna sites are hazardous. 15A) Does the U. S. Environmm~tal Protection Agency (EPA) thinks that the current safety standards for cellular and PCS phones are adequate? Yes. The EPA asked the FCC to adopt parts of the 1986 NCRP =m.fidelines [7] rather than the entire 1992 ANSI guidelines [5]. This the FCC did [11], and EPA has formally endorsed the FCC safety standards. _ ._ .. In a 25-Jul-96 letter to Reed Hunt (Chaim~an of the FCC), Carol Browr~er (Director of EPA) wrote: "We have reviewed... 'FCC Draft of July 2, 1996, in the Matter of Guidelines for Evaluating The Environmental Effects of Radiofrequency Radiation'. This new approach.., addresses our concerns about adequate protection of public health. I commend you for taking this · approach..." In a 17-Jan-97 follow-up letter to Reed Hunt (Chairman of the FCC), Ma~ Nichols (EPA Assistant Administrator for Air and Radiation) wrote: "I would like to reiterate EPA's support of FCC's final RF exposure ~idelines issued in August [of 1996] as providing adequate protection of public health." hap ://w ww.m cw. edu/gcrc/co p/c ell-ph one-h ealth-F A Q/to c. html 3/28/01 In a 30-April-i999 letter to the FCC. Robert Brenner (EPA Acting Deputy Assistant Administrator fc, r Ai~ and Radiation) stated: "The FCC guidelines expressly take into account thermal effects of RF energy, but do not directly address postulated non-thermal effects, such as those due to chronic exposure. That is the case largely because of the paucity, of scientific research on cb2-onic, non-thermal health effects. The information base on non-thermal health effects has not changed si~ificantly since the EPA's original comments in 1993 and 1996. A few studies report that at non-thermal levels, long term exposure to RF energy may have biolo~cal consequences. The majority of currently available studies suggests, however, that there are no significant non-thermal human health hazards. It therefore continues to be EPA's view that the FCC exposure guidelines adequately protect the public from all scientifically established harms that may result from RE energy fields generated by FCC licensees." 15B) Has an Australian group claimed that there is evidence that living near TV broadcast towers causes an increase in childhood leukemia? Yes and no. That claim was made in 1996, but follow-up studies in Australia (see below) and in the UK (see Q 15D) contradict this claim. Hocking and colleagues [28] published an "ecological" epidemiology study that compares municipalities "near TV towers" to those"-further away. No RF exposures were actually measured, but the authors calculate that exposures in the municipalities "near TV towers" were 0.0002 to 0.008 mW/cra-sq. No other sources of exposure to tD~ are taken into account, and the study is based on only a single metropolitan area. The authors report an elevated incidence of total leukemia and childhood leukemia, but no increase in total brain tumor incidence or childhood brain tumor incidence. More detailed epi&:miology studies of FM/TV antennas in the U.K. have not found evidence for a cancer connection (see Q 1 SD). In 1998, McKenzie and collea~es [62] repeated the Hocking study [2'8]. McKenzie and colleagues looked at the same area, and at the same time period; but they made more precise estimates of the RF exposure that people got in various areas. They found increased childhood leukemia in one area near the TV antennas, but not in other similar areas near the same TV antennas; and they found no significant correlation between RI: exposure and the rate of childhood leukemia. They also found that much of the "excess childhood leukemia" reported by Hocking et al occurred before high-power 24-hour TV broadcasting had started. This replication study, plus the failure to find any effect in the larger UK studies (see Q15D), suggests that correlation reported by Hocking et al [28 ] was an artifact. 15C) Has an Israeli epidemiologist claimed that there is evidence that low-level RF exposure causes a variety of health effects? Yes. In a 1995 article labeled an "opinion piece", Goldsmith [29A ] argnes that there is evidence that RF exposure is associated with mutations, birth defect, and cancer. This review is based largely on what the autt~or admits to be "non-peer-reviewed sources", most of which are stated to be "incomplete" and to lack "reliable dose estimates". The author further states that "no systematic effort to include negative reports is made; thus this review has a positive reporting bias". http://www.mcw.edu/gcrc/cop/cell-phone-health-FAQ/toc.html 3/28/01 7n an article based cna 1996 n,.eeting presentation [29B] Goldsmith argues that epidemiological studies "suggest that RI: exposures are pc, ter:tially carcinogenic and have other health effects". His conclusions are based largely on: - studies of RF exposure at the LIS embassy in Moscow (see Q16 and Hill [68]); - the "geographical correlation" studies of Hocking et al [28] and Dolk et al [34, 35] that are discussed in Q15B~dQI5D; · - the sn~_dy of Korean war radar operators by Robinet-te et al [67] that is discussed in Qi 6. Few scientists agree with the opinions expressed by Goldsmith (see, for examples the reviews of the RF epidemiology in 1,5, 6, '7, 14, 53, 94,139); and even fewer would be willing to base a conclusion on the types of' data sources that Goldsmith relies on. 15D) Has a British group reported excess leukemia and lymphoma around a high-power FM/TV broadcast antenna? Yes and no. Dolk and colleagues [34] investigated a reported leukemia and lymphoma cluster near a high-power F~M/TV broadcast antenna at Sutton Coldfield in the UK. They found that the incidence of adult leukemia and skin cancer was elevated within 2 km of the antenna, and that the incidence of these cancers decreased with distance. No associations at all were seen for brain cancer, male or female breast cancer, lymphoma or any other type of cancer. Because of this finding, Dolk and colleag-ues [35] extended their study to 20 other high-power FM/TV b;'oadcast antennas in the UK. Cancers examined were adult leukemia, skin melanoma and bladder cancer, and childhood leukemia and brain cancer. No elevations of cancer incidence were found near the antennas, and no declines in cancer incidence with distance were seen. This large study does not support the results found in the much smaller studies by the same authors at Sutton Coldficld [34] or by Hocking .et al [28] in Australia. -.- 15E) Has a University. of Washington (Seattle, U.S.A) researcher claimed that there is evidence that RF exposure from base stations is hazardous? Yes and no. Dr. Henry Lai (Department of Bioengineering, University of Washington, Seattle) has claimed a{ meetings that "low intensity" RF radiation has effects on the nervous system of rats. Dr. Lai has fi~rthe: claimed at meetings that there are published studies showing that RF radiation can produce "health effects" at "very low field" intensities. Dr. Lai's own research has no obvious relevance to the safety of cell phone base stations since most of his studies were conducted with RF radiation intensities far above those that would be encountered near base stations. In general, Dr. Lai's studies were done with at a power density of 1 mW/cm-sq and an SAR of 0.6 W/kg [31,92, 93 ]. This RF radiation intensity is over 100 times greater than that would be encountered in publlcl>;'--ac~ssible areas near FCC-compliant base stations [16], and substantially exceeds the SAR limit that forms the basis of the FTC [11] and ANSI [5] safety guidelines for public exposure [17]. For further discussion of the research on iSbssible effects'°f RF radiation on the nervous system see'reviews by Lai [93] and Juutilainen and de Seze [_9...0..]. .-- At a meeting in V;,enna in 1998, and in a letter sent to public officials in 1999, Dr. Lai referenced six studies in support of his claim that there is data showing that RF radiation can produce "health effects" at "very low field" intensities. These studies were: / http:/, xx ww.mcw.edu/gcrc/cop/cell-phone-health-FAQ/toc.html 3/28/01 o Changes in the blood-brain barn. er (Salh~rd et al, 1997). An as-yet unpublished meeting r, resentatior~: for earlier work t¥om ti:is group see Salford et al, 1994 [1 I4]. Note that in 2000, 'l's,,:rita et al [1331! reported that R? radiation had no effect on the blood-brain barrier in rats. · Changes in cell proliferation (Kwee and Rasmark, 1997). This is an unpublished study that may be the same as that published by Kwee and R. asm~k in 1998 [7..6]. · Decreased fertility in mice (Mag-fas and Xenos, 1997) [86]. · Decreased eating and drinking in mice (Ray and Behari,' 1990) [88]. · Changes in calcium transport in cells (Dutta et al, 1989) [89]. . _ · DNA damage (Phillips et al, 1998) [78]. .- A review of the above studies finds little actual support for Dr. Lai's claim. One of the studies, Salford et al, has never been published and cannot be evaluated. o Two of the studies [78, 88] do not actually report any statistically-significant effects. o Ray and Behari'[88] reported that exposed animals merely "tended" to eat and drink less than the controls,"and that the effect larg¢.ly disappeared by the end of the exposure period. o Phillips et al [78] reported that exposure caused increased DNA damage in 3 of 12 exposure regimens and decreased DNA damage in 4 of the other 9 regimens. The study found no overall effect and no pattern. The statistical significance of the "effects" reposed in two other studies ~6, 89] is open to question, as the effects reported are very small aad appear in only some e:k-pefiments. o Dutta et al [89] reported increased calcium efflux for only 6 of the 19 exposure regimens that were teSted. Since the increases were unrelated to exposure intensity or frequency, they . may be a multiple comparison artifact. o The "effect" reported by Kwee and Rasmark [76] is a 5-10% decreases in cell ~oxvth that was statistically significant in only 5 of 9 trials. o Two of the studies [86, 88] have inadequate control groups, so that if there is an effect, there is no way to be certain thai it'was due to the RF. o Magas and Xenos [86] compared mouse fertility in breeding pairs kept in an "antenna park" with those kep'l?in a laboratory. The conclusion that the effect on breeding was due to the RF rather than other environmental factors is purely speculative. o Ray and Behari [88 ].tightly confined their animals during exposure, but did not appear to simil;arly confine their controls. This type of "confinement stress" is known to cause changes in physiology and behavior (see discussion of Szmigielski et al [65] in Q~C). o Several of the studies [88, 89] also use RF radiation intensities that substantially exceed anything that would be found in'public areas near an FCC-compliant base station. Ivlany of the "effects" reported have no 'known relationship to any human health hazard. For example, neither the changes in calcium efflux reported by Durra et al [89 ], the small decreases in cell growth reported by Kwee and Rasmark [76], nor the small changes'in food consumption reported by Ray and Behari [88] have any knswn sig-nificance for human health, o All of the "effects" quoted by Dr. Lai have been the subject of other studies that have shown no such effects, including studies done at substantially higher field intensities. http ://wxvw.mcw.edu/gcrc/cop/cell-phone-health-FAQ/toc.htrnl 3/28/01 15F) ~Vhat about the claims on British, American and French TV that there is new data suggesting that cell phones might cause cancer? There appears to be no real scientific basis for these claims. In the summer and fall of 1999 (and repeated in 2000), programs on British, American and French TV claimed that there was new data suggesting that R_F ::adiation from cell phones could cause injury, to humans. Four sources of "new" information were generally cited: 1. The study by Hardell et al [100] that is discussed in Q 16. 2. The study by Preece et al [97] ii,at is discussed in Q 19C. ·_ 3. A new and unpublished gen6toxicity study. 4. A new and then unpublished epidemiology study. The last txvo of these "new" studies were only va~m.~ely described in the TV reports, but they appear to be references to studies sponsored by the mobile phone industry in the US (under the program called WTR). The g?i'R epidemiology study was presented at a meeting in June of 1999, and has now been published in the peer-reviewed literature [138]. The published version reports no significant association bet~veen malignant brain cancer and the US~ of hand-held cell phones. See further discussion of the study in Q 16. The WTR genotoxicity study was presented at a meetS.~g in Ivlarch of 1999 and published abstracts are available [102, t 03 ]. However, it has never been published and details are not publicly available. Despite th~-f~'f~l'i~it the study has not bcen published, Vijayalaxmi et al [150] have already reported that they cannot confirm the findings. The U:S. FoOd and Drug Administrations (FDA) appears to have seen the 5VTR genoloxicity studies, and published the following comments on 20-Oct-99 [for full text see http ://www. fda.gov/cdrh/ocd/mobilphone.html ]. "Researchers conducted a large battery of laboratory tests to assess the effects of exposure to mobile phone RF on genetic mater/al. These included tests for several kinds of abnormalities, including mutations, chromosomal aberrations, DNA strand breaks, and structural changes in the genetic material of blood cells called lymphocytes. None of the tests showed any effect of the RF except for the micronucleus assay, which detects structural effects on the genetic mater/al. The cells in this assay showed changes after exposure to simulated cell phone radiation, but only after 24 hours of exposure. It is possible that exposing the test cells to radiation for this long resulted in heating. Since this assay is known to be sensitive to heating, heat alone could have caused the abnormalities to occur. The data already in the literature on the response of the micronucleus assay to RF are conflicting. Thus, follow-up research is necessary. [Tice et al. Tests of mobile phone sig-nals for activity in genotoxicity and other laboratory assays. In: Annual Meeting of the Environmental Mutagen Society; 29 March 1999, Washington, D.C.; and. personal communication, unpublished results.]." 15G) What did the UK Independent Expert Group (the "Stewart Cmnmission") say about the safety, of cell phone base stations? http://xvww.mcw.edu/gcrc/cop/cell-phone-health-FAQ/toc.html 3/28/01 .~n May 2(~00, a spec:iai committee in the L .tx.., the "Independent Expert Group on Mobile phones (also ~own as the""'~t'e~. v'ar: Co~ss:cn' ' ' ") issued a repo~ on mobile phone saikW issues [~ 28]. 'l~e tull text On the general issue ofradio-ffequcncy radiation safety., the U.K. Independent Expert Group concluded that: "The balance of ~:vidence to date suggests that exposures to tLF radiation below NRPB [[4] and ICNIRP [6] guidelines do not cause adverse health effects to the general population." [Section 1.17] "There is now scientific evidence, howex/er, which suggests that there may be biological effects occurring at exposures below these guidelines. This does not necessarily mean that these effects lead to disease or injury, but it is potentially important information..." [Section This "new scientific information" the Stewart Commission refers to is largely the reaction time studies of Preece et al [9.7] and Koivisto et al [117] that are discussed in Q~gc, and studied by dePomerai et al [127, 14.8 ] which' suggest that nonthermal exposures of nematode'~6i:ms can lead to expression of heat sh~ck-proteins. With respect to mobile phone base stations, the U.K. independent Expert Group concluded that: "The balance of evidence indicates that there is no general risk to the health of people living near to base stations on the basis that exposures are expected to be small fi-actions of guidelines." [Section 1.33] However, the U.K. Independent Expert Group was quite'critical of the planning process used for siting base stations in the U.K., and recommended that: "...the siting of all new base stations should be subject to the normal planning process." [Section 1.36] "...protocols be developed, in concert'with industry and consumers, which can be used to infmTn the planning process and which must be assiduously and openly followed before permission is given for the siting of a new base station." [Section 1.37] "[the protocols should include] a requirement for public involvement, an input by health authorities/health boards and a clem- and open system of documentation which can be readily inspected by' the general public." [Section 1.38] "...an independent random, ongoing, audit of all base stations be carri'ed out to ensure that exposure guidelines are not exceeded outside the marked exclusion zone.., and that particular attention should be paid initially to the auditing of base stations near to' schools..." [Sections 1.40 and 1.41]. Specifically with respect to schools, the U.K. Independent Expert Group also recomrriended that: "...[for] base stations sited within school grounds, that the beam of ~eatest intensity should not fall on any part of the school ~ounds or buildings without a~eement from the school http://wwxv.mcw.ei:tu/gcrc/cop/cell-phone-health-FAQ/toc.html 3/28/01 and parents, gimila:r con:;icteraSons sSould apply to base stations sited new to school ~irounds." [5;ection 1.42]. Probably the n~ost controversial recommendations made by the U.K. Independent Expert Group refer:ed to the plnones themselves rather than base sta. tions, when they recommended that: "...drivers be dissuaded from using either hand-held or hands-free phones while on the move." [Section 1.22] and ihat: "...the widespread use of mobile phones by children for non-essential calls should be discouraged and.., that the mobile phone industry should refrain from promoting the use of mobile phones by children." [Section 1.53]. The recommendation that children be discouraged from using phones is based largely on the cognitive effect studies of Preece et al [97] and Koivisto et al [117] and on the European Union "Precautionary Principle" [129]. This recommendation has been criticized on multiple grounds: ~ The notion that there may be neurological effects at the SAR levels produced by hand-held mobi e phones is based on reports of effects that are both weak and contradictory. o There is no evidence that the reported cognitive effects would cause an adverse health effect, and the reported effects appear to be too small to have any real functional significance. , The Stewart Commission provides no evidence to justify the premise that children are more susceptible to the reported effects, other than to speculate about the susceptibility of the "developing nervous system". Since most nervous system development is done by the end of infancy, the relevance of this to phone use by teenagers is unclear. ° The suggestion that phones will produce higher SARs in the head of a child compared to an adult is provided without any supporting argument. · The Stewart Commission's application of the precautionary principle to children's exposure to hand-held mobile phones appears to violate the "Precautiona~ Principle" guidelines established by the European Union [I 29]. 16) Are there epidemiological studies showing that RF exposure from base stations is safe? Yes and no. While there have been no epidemiology studies of cancer and cell phone base stations, there have been epidemiology studies of cancer and other types of exposure to radiofrequency radiation. For recent reviews see Elwood [94] and Rothman [139]. In general, epidemiology studies of radiofrequency radiation and cancer have not found significant correlations between exposure and cancer. The studies include: · geographic correlation studies that compare cancer rates among areas with different potential exposures to radiofrequency radiation ° "cancer cluster" studies · studies of cancer in people occupationally exposed to radiofrequency radiation · users of hand-held mobile phones httla://v,"ww.mcw.edu/gcrc/cop/cell-phone-health-FAQ/toc.html 3/28/01 Geosraphic ¢:~,rrelation studies Geographic correlation studies estimate the strength of RF radiation in geogx'aphic areas and con'elate these estimates with disease rates in these areas. Even when the desi=c,n of geo~aphic correlation studies is optimal, they are considered exploratory and t'u'e not used for determining causality. The geo~aphical correlation studies done to date show no consistent relationship between exposure to RF radiation and either adult o~' childhood cancer. SeeQISB, QISD and Elwood [9'4] for further discussion of these sWdies. Cancer cluster studies Reports of clusters of cancer provide little practical information. The major steps in evaluating reports of "cancer clusters" are: - define a logical (as opposed to arbitrary) boundary in space and time, - determine whether an excess ora specific type of cancer has actually occurred, - identify common exposures and characteristics. The above steps, however, have not generally been followed in studies of RF radiation, and reports of "cancer clusters" are of essentially no value in determining whether exposure to RF radiation is a cause of cancer (see Elwood [94] for details of these studies). -. Occupational exposure studies The majority of the occupational studies of RF radiation exposure have deficiencies in exposure assessments because occupation or job title was used as an estimate of exposure; that is, actual RF radiation exposure levels are not .'known. There are four epidemiological studies of occupational exposure to RF radiation that are generally considered to have acceptable design and analysis, adequate sample size, and sufficient follow-up time: Robinette et al [67], Hill [68], Milham [69], and Morgan et al [2 I8]. These four studies do not show statistically-significant ass°'ciations betwben exposure to radio-'Sehuency radiation and either cancer in general or any specific kind of cancel The other studies of acceptable design (Lilienfeld et al g0], Lagorio et al ~.i ], Muhm [7..2 ], Tynes et al [73 ], Grayson et al [33 ], and Thomas et al [105]) have more limitations in exposure assessment, case ascertainment, or follOw-up time; but they also do not suggest that RF radiation exposure increases the risk of either cancer in general or any specific kind of cancer. Szmigielski [79] studied Polish military personnel who may have had RF radiation exposure. The incidence of cancer of all types, brain cancer, leukemia and lymphoma are reported to be elevated in exposed personnel. Because the methods of data collection and analysis are inadequately described or unsuitable, and because assessment of RF radiation exposure is very deficient, the report does not meet basic epidemiological criteria for acceptability. Elwood [94] also concludes that the methods used in the Szmigielski study may have created a systematic bias "that would be expected to produce an increased relative risk for all types of cancer". Studies of exposure to mobile phone RF radiation In 1996, Rothman et al. [121] published a study that reviewed health records of more than 250,000 mobile phone users. They found no difference in mortality between the users of hand-held portable http ://www.mcw.edu/gcrc/cop/cell-phone-health-FAQ/toc.html 3/28/01 phones (where the antenna is placed close to tt~e head) and mobile cellular phones (where the antenna is mounted on the: vehicle:). In a 1999 follow-'ap study' [122], the same group examined specific causes of death among nearly 300,000 mobile phone users in several U.S. cities. The investigators found no difference in overall cancer rates, leukemia rates, or brain cancer rates between the users of hand-held portable phones and the users of mobile cellular phones. The only specific cause of death that correlated w/th use of hand-held mobile phones was death from motor vehicle collisions. in 1999-2001, three case-control studies evaluated brain cancer in users of hand-held cell phones: the first by Hardell et al [100], the second by Muscat et al [138] and the third by Inskip et al [!)_3]. None of studies found associations between cell phone use ~d brain cancer, and none fomod exposure-response trends. In general, the temporal lobe of the brain gets the highest PT radiation exposure in users of hand- held cell phones; Hardell et al [100] reported a non-significant excess of temporal lobe tumors, but Muscat et al [138] and Inskip et al [143] reported a non-significant decrease of these tumors. Hardell et al [100] reported a non-significant ex~ess of temporal lobe tumors on the side of the head where the patfe'nts reported using their phones, but Muscat et al [138] and Inskip et al [.!..4..3~] reported non- significant trends in the opposite direction. In the first of the cell phone studies, Hardell et al. [100] analyzed mobile phone use in 233 Swedish brain tumor patients, some of whom has used'hand:lfdd mobile phones for as long as 10 years. This was done as part of a larger study of possible causes of brain cancer (other possible causes evaluated included occupation, radiation therapy for cancer, exposure to diag-nostic radiation, and exposure to a ..'ide variety of chemicals). Exposure was assessed by questionnai~'es, and analyses were based on use of hand-held cellular telephones (use of"hands-free" devices and use in a car with a fixed antenna were not considered to be "exposure"). No elevation of brain tumor incidence was found in users of either digital or analog phones, and no exposure-response-trend was observed (see figure below). When analysis was restricted to tempo-, :d lobe (or temporal, occipital plus temporoparietal lobe) tumors on the same side of the brain where the cell phone was reported to have been used, a non-si~m'~ificant exce~s incidence was fom,d. This "handedness" was seen for use of analog phones, but not for the use of digital phones [~OOA]. Brain Cancer in Cell Phone Users (Hardell et al, 1999) Relatb,'e Risk of Cancer 0.,2. 0.4 0.6 1.0 -2_.0 4.0 6.0 10 used ~oq pl~one used digital pl~one used pl~one > 136 I~ot,s used pl~one ::, 5 used phone > 5 yrs -and > 424 hm tempot~ lobe ~Llrnors used phone on R, tumor on R used pl~one on R, tempo~ lobe tumor on R . I. lsed phone on L., temporal lobe l].lmor on L [ [ [ [ k_) [ , I I ~00O, ~ Mmfl,t~r Relative risk of brain cancer (odds ratio with 95% confidence interval) in ' ' users of hand-held cell phones from the epidemiolo~cat study of Hardell et a] [I00]. The number of cases in the overall analysis, and the sub-analyses h ttr~ : //www.mcxv.edu]o_ crc/coro/cell-phone-health-FA Q/toc.html 3/28/01 are shown in parentheses. The analog phones are either at 450 (NMT 450) or 900 MHz; the digital phones are GSM. The lines highlighted in red are probably the ones most relevant to cancer risk assessment as they look at long-term hea,~.'y use. The line hi,2hli~hted in blue refers to tumors in the lobe of the brain that should ,get the highest RF radiation exposure in users o£hand-held phones. 'Ihe last 4 rows look at which side of the head (L=Left, R=Right) the phone was used on. In December 2000, Muscat et al [138] published a similarly-designed study of 469 brain tumor patients in the US, some of whom has used-hand-held mobile phones for as long as 4 years. Exposure was assessed on the basis of in-hospital interviews. No elevation of brain tumor incidence was found in users of hand-held phones, and no exposure-response trend was observed (see fi~m-~re below). The incidence of temporal lobe tumors (where RF radiation exposure should be the greatest in users of hand-held phones) was not elevated. There was a non-significant trend for tumors to be on the side of the head where the patients reported using their phones; but when analysis was confined to the temporal lobe tumors, there were fewer tumors than expected on the side of the head where the phones were used. When Muscat et al [138 ] analyzed tumors by histopatholo~cal type, there was no excess of gliomas (the most common and deadly form of brain tumors); but there was an cxcess ofneuroepitheliomas (see figure below). This increase was not statistically signific,'mt. Hardell et al. [t00] did not explicitly analyze this histopatholo~cal subtype of tumor, but Inskip et al [!4_.3 ] found a dect'eased incidence of neuroepitheliomas. Brain Cancer in Ceb, Phone Users (Muscat et al, 2000) 0.2 e~/er used phone used phone > 480 hoi~rs -----7~ (14! used phor, e >,,;.i yrs ~ (17).i .( "l~m poral lc, be IL~nC~ 1 ~ other glio, m~ net, oe pilheliornatous tumors -- ¢2000, ~ M. oul~r Relative Risk of Cancer 0.4 0.6 1.0 .2.0 4.0 6.0 10 Relative risk of brain cancer (odds ratio with 95°,/o conf~d~hc~ interval) in users of hand-held cell phones fi.om the epidemiological study of Muscat et al [138 ]. The number of cases in the overall analysis, and the sub-afial'yses are shown in parentheses.. The analysis is for a mix of analog (88%) and digital phones. The lines highlighted in red are probably the ones most relevant to cancer risk assessment as they look at long-term heaW use. The Ii.ne highlighted in blue refers to tumors in the lobe of ~he brain .that should get the hight'st RF radiation exposure in users of hand- held phones. The last 3 rows look at different histological types of brain tumors. http://w~vw.mcw.edu/gcrc/cop/cell-phone-health-FAQ/toc.html 3/'28/01 ,As soon 'as bluscat t.'t al [138] wats publSshcd, NEJM rn.~shed a similar study' onto their website that had been scheduled for Publication in J~muai.'y c,f 2001. Inskip et al [143] studied 782 brain tumor patients in a dif:fkrent part of the US, some of whom has used hand-held mObile phones for as long as 5 years. They ibund no elevation of brain tumor incidence in users of hand-held phones, and observed no exposure- response trend (see figure below). The incidence of temporal lobe tumors (where PT radiation exposure should be the ~eatest in users of hand-held phones) xvas not elevated. There was a non-significant trend l:br tumors to be on. the side of the head opposite to ,,,,,here the patients had reported using their phones. When Inskip et al [143] analyzed minors my histopathological type, there was no significant excess of any types of mali=o-nan'i or benign brain tumors (see figure below). Brain Cancer in Cell Phone Users Onsldp et al, 2001) 0.2 used phone more than 5 times. 'regular-" use of phone used pt~one > 1 O0 hours used phone > 500 hours used phone > 5 yrs started pl~one use before 1993 temporal lobe tumors gliomas ne uroep itheliomato us tumors~- acoustic ne uromas Relative Risk of Cancer 0.4 0.6 1.0 2.0 4.0 6.0 10 '~h (194i "' ' 1-~ (139)~ 02000, ~ Relative risk o~rain cancer (odds ratio with 95% confidence interval) in users of hand-held cell phones from the epidemiological study of Inskip et al [143]. The number of cases in the overall analysis, and the sub-'~'/ilyses are shown in parentheses. 'I~e phones used were "primarily analog". The lines highlighted in red are probably the ones most relevant to cancer risk assessment as they look at long-term heaW use. The line highlighted in blue refers to tumors in the lobe of the brain that should get the highest RF radiation exposure in users of hand- held phones. The last 3 rows look at different histolo=oical types of brain tumors. .~ In early 2001, Johansen et al [155] published a retrospective cohort study of all types of cancer in Danish cell phone users, some of whom has used cell phones as long as 5 years. This included 154 brain cancer patients. Cell phone use was associated with a significantly decreased overall risk of cancer that was attributable largely to less smoking-related c~mcsr. No increased risk of brain cancer, leukemia, lymphoma, ocular cancer or melanoma was found in cell phone users. No significant increase in any types of cancer were found in cell phone users. No exposure response trends in leukemia or brain cancer incidence were seen in cell phone users. There was no increase in temporal or occipital lobe tumors in cell phone users. See figure below. In the accompanying editorial [155B] Park wrote: . . "Regardless of how convincing the evidence exonerating cell phones may be, there will http://xwvw.mcw.edu/gcrc/cop/cell-phone-health-FAQ/toc.html 3/28/01 continue: to) be those whc ,,viii argue tha: the issue has not been completely settled. In science, few things ever are. The scientific community has a responsibility to put all the evidence in to perspective for the public." Cancer in Cel Phone Users (Johansen et al, 2001) Brain cancer used cell phone used analog cell phone used digital cell phone use,d phone > 5 yrs temporal lobe gliomas gliomas Other cancer leukemia melanoma (men only) ocular cancer (men only) lung cancer- (men only) Relative Risk of Cancer 0.4 0.6 1.0 2.0 4.0 0200 Relative risk of cancer (odds ratio with 95% cohfid'ence interval) in users of hand-held cell phones from the epidemiological study of Johansen et al [155]. The number of cases in the overall analysis, and the sub-analyses are shown in parentheses. The line highlighted in red is probably the one most relevant to brain cancer risk assessment as it looks at long-term heavy use. The line highlighted in blue refers lo tumors in ~he lobe of the brain that should get the highest RF radiation exposure in users of hand- held phones. The last 4 rows look at other types of cancer. In a stud./published in early 2000, Morgan and colleagues [118] studied all major causes of mortality (with emphasis on brain cancer, lymphoma and leukemia) in employees of Motorola, a manufacturer of wireless communication products. Based on job titles, workers were classified into high, moderate, low, and background RF exposure ~oups. For workers with moderate or high RFR exposure no elevation in rates of brain cancer, leukemia and lymphoma were found. Actual peak ~.nd/or average RFR exposure levels are not known. ,[~: In January 2001, Stang et al [152] reported that the use of"radio sets, mobile phones, or similar devices at [the] workplace for at least several hours per day" was associated with uveal (intraocular) melanoma. Of 118 individuals with intraocular melanoma, 6 (5.1%) reported that they were "probable or certain" to have "ew ~' been exposed" to mobile phones at work. According to the authors, this occupational mobile phone use is 4 times higher than expected. Mobile phone use outside of work was not assessed, and other risk factors (for example, UV exposure and light skin color) were not assessed. In the only other comparable study, Joh,'msen et al [155] found less melanoma and ocular cancer than expected in cell phone users. According to the accompanying editorial [I53 ]: Stang and colleagues raise that possibilits' that we should add a new type of cancer to those already under leading consideration as possible hazards of RFR, and it may well be that http://www.mo, v.edu/gcrc/cop/cell-phone-health-FAQ/toc.htrnl 3/28/01 f~mre studies will support=their hypothesis. At this point, hoxvever, given the small size of the stud,./, the relatively crude exposure assessment, the absence of attention to UVR exposure or other possible confounding variables, and limited support from the literature, a cautious interpretation of their results is ip. dicated. Summary of the epidemiology The lack of associations between exposure to radiowaves and total cancer, and thc lack of consistent associations between exposure to radiowaves and any specific type of cancer, suggests that radiowaves are unlikely to have a strong causal influence on cancer. In a 1999 review of the RF epidemiology literature, Elwood [94] concluded that: Several positive associations suggesting an increased risk of some t,vpes of cancer in those who may have had =o-rearer exposure to RF emissions have been reported. However, the results are inconsistent: there is no type of cancer that has been consistently associated with RF exposures. The epidemlologic evidence fails short of'the strength and consistency of evidence that is required to come to a reasonable conclusion that RF emissions are a likely cause of one or more types of human cancer. The evidence is weak in regard to its inconsistency, the desi=o-n of the studies, the lack of detail on actual exposures, and'the limitations of the studies in their ability to deal with other likely relevant factors. In some studies there may be biases in the data uses. In a 2000 review of the RF epidemiology literature, Rothman [139] concluded that: ...... Based on the epidemiological evidence available now, the main public health concern is clearly motor vehicle collisions, a behavioral effect rather than an effect of RF exposure as such. Neither the several studies of occupational exposure to RI; nor the few of cellular telephone .users offer any clear evidence of an association with brain tumors of other malignancies. Even if the studies in progress were to find large relative effects for brain cancer, the absolute increase in risk would probably be smaller than the risk sten-u-ning from motor vehicle collisions. 17) Could modulated RF radiation produce different effects than the continuous-wave (CW) RF radiation used in many laboratory studies? Possibly, but there is no replicated evidence for such effects. It has been suggested that amplitude- modulated (AM) RF radiation might have different effects than continuous-wave (CW, unmodulated) RF radiation (see for example Hyland [140]. This could be important, since cell and PCS phones and base stations produce a modulated sign~l-}"and much of the research has been done with unmodulated RF sources. This issue had been reviewed in detail by Juutilainen and de Seze [90] who concluded that: .. The literature relevant to the possible biological effects of AM radiofrequency radiation consists of scattered observations using a wide variety of experimental models and exposure parameters... Several studies have reported findings consistent with effects on the nervous system and cancer-related biological processes. However, the methods and exposure parameters vary widely, and no independent replications of the positive finds have been http://wwxv.mcw.edu/gcrc/cop/cell-phone-health-FAQ/toc.html .. 3/28/01 The results available today fail tc, support the existence of well-defined nnodulation-specific bioeffects from c,.po.,,are to radiofrequency radiation. 18) Are there groups (such as children or the elderly) that are more sensitive to the effects of radiowaves? Possibly. Some ~oups in the general population might be more sensitive to the effects ofradiowaves than others, but no such ~oups have actually been found. The possible existence of such sensitive individuals is one of the main reasons that an additional 5-fold safety margin is added to the public exposure =cmidellnes (see Q9). See the discussion of whether children should use hand-held mobile phones inQtdG 19) Will cellular phone or PCS base station antennas affect heart pacemakers, cause headaches, etc? Although the public's principle health concern about cell phone and PCS base station antennas appears to be the possibility of a cancer connection (see Q21-and Q23B-Q23D), other health-related issues come up periodically. Particularly common are questi0ns"'about'in't~rfei:dh~ with heart pacemakers (covered in Q19A). This section will also cover less common issues. The possibility ora connection with mlsdarriages and birth defects is covered in Q22. 19A) Will cellular phone or PCS base station antennas affect medical devices such as cardiac pacemakers? No. ~l'here is no evidence that cellular phone or PCS base station antennas will interfere with cardiac pacemakers or other implanted medical devices as long as exposure levels are kept within the ANSI standard for uncontrolled exposure (see Q8 and QI2). It is possible that PCS phones themselves might interfere with pacemakers if the antenna is placed directly over the pacemaker. This problem is reported to occur with only some types of PCS phones and some types of pacemakers [46,137]. 19B) Do cell phones or cell phone base stations cause headaches? It is possible that use of cell phones causes headaches. In 1998, Frey [48] reported anecdotal evidence that cell phones cause headaches. - In 2000, Oftedal et al [154] found that users of cell phones commonly report having headaches, but since the study contains. no data on non-users it is not known whether the rate of headaches reported by these cell phone users is unusual. In 2000, Chia et al [I 42 ] reported that headaches were significantly more common among users of hand- held cell phones than'among non-users (65% vs 54%). Headache prevalence increase significantly with duration of use, and the use of hand-free equipment eliminated the increase. http ://v,,ww.mcw.edu/gcrc/cop/cell-phone-health-FAQ/toc.html 3/28/01 L(:.'.: ,':'..none ~'~,n:ennas [.f, ase btatlons) anti .mm-nan r~emul rage ,~.o o~ No one has claimed thai there is scientific evidence that base stations cause headaches, and there are no biophysical or physiological bases for expecting such. an effect. 19C) Does radio-frequency radiation fi'om cell phones or cell phone base stations cause physiological or behavioral changes? There are unreplicated reports of such effects. There are some studies that suggest that RF radiation from hand-held mobile phones might cause subtle physiological or behavioral changes. However, none of the studies provides substantial evidence that mobile phone base stations might pose a health hazard: · None of the "effects" reported imply the existence of hazards. · All of these studies used radio-freq~.]ency radiation of an intensity, far above those associated with mobile phone base stations. · Most of these reports have not been independently confirmed, and there are ~ounds for being skeptical about most of them. - Braune et al [82] reported that human volunteers using a GSM cell phone for 35 minutes showed a 5- 10 mm Hg r/se in blood pressure. The study i's small and was not blinded, and a rise in blood pressure of this magnitude has no known health consequences. - Eulitz et al [84] reported that cell phones can alter the electrical activity of the brain. However, the -. effect may be an artifact caused by RS' interference with the EEG leads. - Freude et al [111 ] exposed human volunteers to RF fi'om a 916 Mhz 350mW GSM digital phone. · Small changes in EEG were seen that "did not indicate any influence on human per/brmance, well-being and health" ,~w. In 1996 Mann and R6schke [113] reported that exposure to a mobile phone signal at 0.05 mW/cm- sq could cause slight changes in sl~'~p patterns; but subsequent studies by the same group found no significant effect when the power density was lowered to 0.02 mW/cm-sq [115], and no effect at all when the power density was increased to 5 mW/cm-sq [159]. - - In 1999, Borbdly, Huber and colleagues [110,141 ] reported that exposure to a mobile phone signal at 1 W/kg could cause slight changes in sleep pattern's and sleeping EEG. - De Seze et al [113] reported that exposure of human volunteers to cell phone PT had no effect on night-time secretion ofmelatonin. Effects on melatonin have been suggested as a mechanism by which power line fields might affect human health (see note 4). - Wang and Lai [109] reported that rats exposed to 2450 MHz pulsed radio-frequency radiation showed "defects in long-term memory". The RF-exposed animals were slower than normal animals to learn a maze. Animals received whole-body RF exposure for 1 hr/day. The average SAR was 1.2 W/kg with peaks of 3-4 W/kg. The sisal is quite different from that associated with a mobile phone base station and the peak SAR may have been high enough to cause thermal stress. The exposure intensity (SAR) was 15 times higher than the FCC standard for whole-body exposure of the general public. In 2000 Sienkiewicz et al [120] performed a similar experiment in mice (but using a signal and a power-density simulating a European digtal cell phone base station signal) and found no effects on maze performance. - In 1999, Preece et al [97] reported that exposure of human volunteers to cell phone Rix. radiation might http://www.mcw.edu/gcrc/cop/cell-phone-health-FAQ/toc.html 3/28/01 decrease reaction :Jmes (see Fi.__.~re below). The press coverage was extensive, but the actual stud>' t-as no obvious implications tot' human health: The effect was seen for just one of 15 measures ofco=o-nitive function (reaction times, memory tests, etc). The effect was veu small (a decrease from 0.388 seconds to 0.373 seconds). The effect was seen for an analog signal, but not for a distal signal. Because an effect was seen in.just 1 of the 30 tests, it may be an artifact (statistical noise). Even if the effect is real, it appears to be far too small to have, any real functional si~ificance. Cell Phone Use and Reaction Time Reaction Ti'ne Test 1 I I i:3i:i:: ~: :~ i f: :i::::: :i:: :i::: :::::E:::::::':::: :::: ::::::::: :::::::::::::::: - 1 ...... { ~ ':.:.:.:-:.:.:.:.:.:.:.:.:.:~ - ~ aml~ RF s~nal :~:~:~:::i:~,~,*:,~,~:~, ~ d~i~l RF signal ~ ~ s h~ expos ~e delayed picture delayed recall memory scanning spatial memory vigilance choice simple 0 0.2 0.4 0.6 0.8 Mean reaction time (seconds) Reaction time data from Preece et al [97]. Reaction times are shown for seven separate reaction time tests. The "analog" signal was a 915 MHz sine wave. The "digital" signal was a 915 MHz sine wave modulated with a 217 Hz square wave at a 12.5% duty cycle. According to the authors, the analog test goup for the "choice reaction time" test (marked in red) was considered to be significantly lower than the sham exposure value, but no other differences were considered to be statistically significant. - In 2000, Koivisto et al [117,132 ] reported studies of human volunteers who were exposed to 902 MHz RF from a 250 mW digital-(GSM) phone and given a battery of reaction time tests. For some tests, exposure reduced (improved) the time required, other' tests showed less significant time improvements. Some tests showed no significant effects. For the test in which Preece et al [97] found an effect for the ... analog signal, Koivisto et al [117] found no effect for a digital signal. The tests showing effects are stated to be tests of cognitive function. The Koivisto et al [132] conclude that: "With respect to behavioral consequences of the RF fields in humans, all available evidence point to the same direction: RF fields facilitate rather than disrupt performance. The physiological mechanisms underlying such influences are poorly understood, and it is too early to conclude what the significance of the observed effects is on human health." - In 2000, Krause et al [146] reported a study of human volunteers who were exposed to 902 MHz RF t¥om a 250 mW digital (GSM) phone and given memory and reaction time tests. Effects on error rate http://xvww.mcw.edu/gcrc/cop/cell-phone-health-FAQ/toc.html 3/28/01 and reaction time were not significant. Some effects cn EEG xvere obServed under some test conditions. According to the authors: "Th'e'p'resent results do not allow any conclusions concerning the possible effects of cellular phone use on co=onition". - In 2000 Tsurita et al [133] reported that RJr radiation had no effect on the blood-brain barrier in rats. · These rats were exposed to a 1339 MHz digital (TDMA) sig-nal for one hour per day for 2-4 weeks. The average whole body SAR was 0.25 W/kg and the brain SAR was 2 W/kg, and no changes in body temperature were observed. No effects were observed on body weight, brain morphology or blood-brain barrier permeability. The Tsurita et al [133] paper includes a detailed discussion of previous studies of RF effects on the blood-brain barrier. - In 2000, Bomhausen and Schein~aber [145 ] reported that exposure of pregnant rats to RF radiation has no effect on the behavior of their off-spring. Free-roaming preg-nant rat:; were continuously exposed to 900 MHz GSM RF at 0.1 mW/cm-sq (SARs ranged from 17.7-75 mW/kg). No cognitive deficits were found in their offspring. For a review'of the behavioral effects of RF radiation see D'Andrea [96]. _ 20) Do radiowaves produce biological effects? Yes. If exposure is sufficiently intense, radiowaves can cause biological effects. Possible injuries include cataracts, skin bums, deep bums, heat exhaustion and heat stroke. Most, if not all, of the known biological effects from exposure to high-power radioffequency sources are due to heating [20]. The effects of this heating range from behavioral changes to eye damage: (cataracts) [see refs in'i', 5, 6, ? 14, 53,.83, 90, 99 and 99]. Except possibly within a few feet of the ante~mas themselves [1_2_8_ ], {he'-phaser'' t:/r0dflced by'cellular phone and PCS base station antennas is too low to cause heating. There have been scattered reports of effects [21 ] that do not appear to be due to heating, the so called non-thermal effects [20, 25,158]. None of th¢~e effects have been independently replicated, and none have any obvious cor~n-e&-i-0ri~-tb human health risks. The lack of biological effects from exposures to radio-frequency radiation that do not produce biologically significant temperature changes is not surprising, as there are no 'known biophysical mechanisms that would suggest that such effects were likely [25, .!2.4, 1..5..8_]. ,~-~: In a 2001'review, Pickard and 1Moros [158] conclude that: "The prospects of UHF (300-3000 MHz) irradiation producing a nonthermal bioeffect are considered theoretically and found to be small... This supports previous arguments for the improbability of biological effects at UHF frequencies unless a mechanism can be found for accumulating energy over time and space and focusing it. Three possible mechanisms are then considered and shown to be unlikely... Finally, it is concluded that the rate of energy deposition from a typical fields and within a typical tissue is so small as to make unlikely any significant nonthem~al biological effect." 21) Is there any replicated evidence that radiowaves can cause cancer? No. Even at high levels of exposure, there is no substantial evidence that radiowaves can either cause or httD ://www. m cw. edu/~crc/cop/cell-phone-healtt't-F A Q/to c.htm 1 3/28/01 , ~,..c.:.'~ ~'.',lon¢ Antennas ~ase 5tatlOn$) an~ lg. Ulllitii iictutii i-,iE~c .~ ,.~ .~ con:ribute to cancer (for..an opinion to the contrary see the reports discussed in Q I 5B and Q[ 5C). Although research in this area has been extensive, there is no replicated laboratory or epidemiological evidence that radiowaves at the poxver levels associated with public expo-,ure to radiowaves from cellular phone and PCS base station antennas are associated with cancer [see rets in [, 5,6,7, ~4,74, 83, 95,99 and 128 for details]. · . There are two recent laboratory, reports that RF exposure might produce cancer, or cancer-related injuries in animals. These studies are discussed in Q23B. and Q23D. Both studies use RF levels far above those found in publicly-accessible area near base station'an{-ennas, and neither study has been replicated. The epidemiological studies of RF show no consistent association with total cancer, or with any specific type of cancer (see Q16). · . _ 22) Is there any evidence that radiowaves can cause miscarriages or birth defects? Indirectly, yes. Exposure to levels of radiowaves sufficient to cause whole body heating can cause miscarriages or birth defects. The power produced by cellular phone and PCS base station antennas is far too low to cause such heating. There is no laboratory or epidemiological evidence at all that radiowaves at the power levels associated with public exposure to radiowaves from cellular phone and PCS 'r,ase station antennas are associated with miscarriages or birth defects [see refs in It, 5,6, 7 and ~4 for details]. 23) What do the most recent scientific studies of radiowaves and human health show? ' There is a constant flow of new information. This section will attempt to summarize this new information. Studies which attract major attention will often get their own sections, such as the reports discussed in Q 15B, Q 15C and Q 15D, the mouse and rat studies discussed in Q23B and Q23C, and the DNA strand bi-eak studibs discus-s~d in Q23D. 23A) What do recent reports from scientific meeting and journals say? Goswami et al [87] reported that 835-848 MHz RF radiation at a SAR of 0.6 W/kg did not trigger a general stress i:~sponse in cultured mmnmalian cells. Chag-naud and Veyret [91 ] reported that exposure of rats to a 900 MHz cell phone signal at 0.05 and 0.2 mW/cm-sq (SAR of 0.075 and 0.27 W/kg) had no effect on their immune system. Moulder et al [95]: A review of the evidence for a causal association between cell phone RF radiation and cancer. D'Andrea [96]: A review of the behavioral effects of RF radiation. Preece et al' [97]' Effects of RF on brain function discussed in Qlgc. Hardell et al [I 00]-No excess incidence of brain tumors in mobi'ib'-13hone users, discussed in ... QI6C. Ade3; et al [24]' No excess incidence ofbrain tumors in rats exposed for life-time to pulse- modulated RF. See Q23C. Higashikubo et al [1'07]:"Exposure of rats with brain tumors to RF had no effect on the growth of the brain tumors. Se~ Q23C. De Seze et al [108]: Exposure of human volunteers to RF had no effect on melatonin production. SeeQl9C. http://vcww.mcw.edu/gcrc/cop/cell-phone-health-FAQ/toc.html 3/28/01 . ce:~ Fnone Antennas tfSase 3rations) a. no t-~umtu-~ l-xcaltl~ x-,~gc a, vt :2o · Wang and Lai [109]: Exposure of rats to high-intensity RF had effects of maze learning behavior. .... See Q I9C. · Borbdly et al [110]' Study of effects of RF exposure on human sleep. See QI9C. · Freude et al [1 fl ]: Study of effects of RF exposure on human brain function."See Q19C. · Mann and Rbschke [113]' Study of effects of I'LF exposure on human sleep. See Q19C. · Wagner et al [115]: sm~ly of effects of RF exposure on human sleep. See Q19C. · Koivisto et al: [1-i'7]' Effects of RF on brain function discussed in Q19C. · Morgan et al' [118]: Epidemiological study of occupational ILl: exposure and cancer discussed in Q16. · vijayalaxmi et al [119]' Genotoxicity study with human blood ceils discussed in Q23D. · Sienkiewicz et al [i-20]: Exposure of mice to RF had no effects of maze learning beh~'5or. See ..... Q19C. · DreYer et al [122]' Epidemiological study of mobile phone users and cancer which found no sig-nificant asi't3'~iations discussed in Q16. · Thansandote et al [123] measured RF levels in five schools, ttu'ee of which had base stations on them or near them. Da'ta and discussion in Q 12. · Foster [124] discusses possible nonthem-~al mechanisms for biological effects of radio-frequency radiationl' · Hardell et al [100A] provides further details of their 1999 [100B] case control study of brain cancer and cel'l'i3h'$ne use. This is discussed in Q I6C. .......... · Reeves [126] reviews medical reports of 34 individuals with 'known or suspected overexposure to radiofreq-d~hcy radiation. · dePomerai et al [127] reports that radio-frequency radiation may induced heat shock protein expression in nem-a-~-ode worms without a detectable rise in temperature. · Foster et al [129] discuss the "Precautionary Principle" both in general terms and with respect to radio-frequency radiation safety issues. · Mann et al [130]' Measurements of RF radiation from mobile phone bases stations in the UK. Data and discussion in Q12. · Adey et al [50]: No exc~ss"/ncidence of brain minors in rats exposed for life-time to continuous RF. See Q2.~'~. · Foster an-d'M3ulder [131 ]' "Research done so far in both animals and humans has not supported a link to brain cancer". · Koivisto et al [132]: Effects of RF on brain function discussed in Q19C. · Tsurita et al [133']': RF radiation has no effect on the blood-brain barrier in rats. Discussed in QI9C. · Go~ ~t al [136]' RF radiation of the type produced by GSM phones was not genotoxic and did not enhance th~'a'ctivity of a chemical carcinogen. Discussed in Q23D. · Grant and Schlegel [137]: Information on the potential of wireless phones to interfere with.cardiac pacemakers. o -Muscat, Malkin et al [138]: Epidemiology study of cellular telephone use and brain cancer. Discussed in Q 16. ° Rothrnan [139]'i"Review of epidemiological evidence on health risks of cellular telephones. Discussed in-'Q 16. · Hyland [140]' A'-theory that the pulse pattern in the cell pho~'e sig-nal could cause biological effects inae-pendent of the energy in the signal. · Huber, Graf et al [141 ]' Possible effects of cell phone RF radiation on sleep. Discussed in Q 19C. ° Chia, Chia et al [142]: Possible effects of cell phone RF radiation on headaches. Discussed in Q19C. · Bomhausen and Scheingraber [145]: RF exposure of pre,ant rats had no affect in their offspring. Discussed in Q 19C. ° Oftedal, Wil~ri-ei-al [154]' headaches and other symptoms reported by cell phone users. Discussed http://www.mcw.edu/gcrc/cop/cell-phone-health-FAQ/toc.html 3/28/01 in Q 19B. · de?0merai et al [I 48]' RF may induced heat shock protein expression in nematode worms without a detectable rise in temt~erature. Also see [127]. · . · Bernardi et al Il,l?]: an analysis of actual exposure levels to a person on a roof near a base station antenna. · Maes et al [149]: RF radiation did not damage chromosomes and did not enhance the acti'/ity of known carcinogens. Discussed in Q23D. · Roti Roti et al [151 ]' RF radiation did not cause cell transtbrmation. Discussed in Q?_.3D. · Vijayalaxmi et at'Il 50]' RF radiation did not cause chromosome damage and did ~'${~'iqShance micronucleus form~ibn. Discussed in Q23D. o Stang et al [152 ]' Intraocular melanoma is associated with occupational use of mobile phones and other RF sources. Discussed in Q 16. · Inskip [153]' Editorial accompanYing Stang el~ al [152]. · Krause et al [146]. Effects of RF on brain function'discussed inQI9C. · ,~w Zook and Simmens [104] reported the absence of an effect Oh-brain tumor incidence in rats exposed to continuous-wave'or pulsed RF radiation at 1.0 W/kg. Discussed in Q27C. · ,[w. Johansen, Boice et al [155]' A retrospective cohort study of cell phone usef~-f0und no increased risk of brain cancer, leukemia, lymphoma, ocular cancer or melanoma. Discussed in QI6. · ,~ Jauchem et al [I 56]' No increase in cancer in mice exposed to ultra-wide band RF pulses. Discussed in Q23C. ° ~ Maes and'~iiier [157]: no evidence for genotoxicity or epigenetic activity, in human lymphocytes exposed to"6i30 MHz RF at 0.4-10 W/kg for 4 hrs. , ,~-w Pickard and Moros [158 ] discuss possible nor~i~hermal mechanisms for biolo~cal e5%cts of radio-frequency radiation. · ~,[~ Wagner et al [I .59]: cell phone RF caused no sleep disturbances in human volunteers, contradicting a pre~iicJus study done by the same group at a lower power intensity [!_!_3-_ ]. 23B) What about the report that exposure of mice to cell phone radiation causes cancer? A 1997 study [37] reports that lymphoma-prone mice exposed for 18 months to strong, but intermittent, radio-frequency' fields of the type used by digital cellular phones have an increased incidence of lymphomas. No increases in the incidence of other types of tumors were found. The field intensities used are above the guidelines for public exposure recommended in the ANSI/IEEE standard (Q8), and are far above those that exist in publicly-accessible areas near cellular phone and PCS base station antennas [16]. While this study is very interesting, its impact on regulation of RF exposure of the general public is quite unclear, as it cannot be determined from the study: 1. Whether lymphomas can be induced in normal (as opposed to cancer-prone) animals by exposure to RF radiation. 2. ~Vhether other types o~- tumors can be induced by exposure to RF radiation. 3. What RF exposure level is required for induction oflymphoma in these mice. Clearly the study will need to be repeated with both normal and lymphoma-prone mice. If the effect can be replicated, it will be critical to determine the dose-response relationship for lymphoma induction, and to determine whether the effect occurs for other tumors and/or in other species. See the Technical notes for the reference [37], quotes from the authors' abstract [38.'], quotes from the h ttp ://www.mcw. edu/g crc/cop/cell-pho ne-heal th-FA Q/t oc.h tml 3/28/01 autl-tc, rs' discussion [3!)], and tbr [:urd~er technical de. tail:s [40]. Several questions have been repeatedly asked about ti~is study: Does this study mean that cell phones or PCS phones cause cancer? No. Before this study can be related to human risk assessment: - it must be replicated, - a similar study must be done with normal mice, - the exposure-response relationship for the effect must be known, - the induction of other ty. pes of tumors must be studied. · If it is so difficult to extrapolate from these cancer-prone mice to humans, why were they used? When you want to know whether something might cause cancer, you usually start with a sensitiv, e strain of animals and a high dose of the agent. This maximizes you: chance of finding something. If you find nothing under these circumstances, then you can be' fairly confident that the agent does not cause this cancer. If you do find excess cancer, you then need to determine whether this will also happen in normal animals andJor at more reasonable doses. If you first do normal animals at low doses, and you f'md no excess cancer, you still would need to test cancer-prone animals at high doses. .An additional problem with using normal mice and low doses of RF to study induction of lymphoma, is that lymphoma is rare in normal mice (1-3% lifetime incidence). To detect a 50% increase in this normal rate would require ove~' 2000 mice. · Do we know whether exposure to cell phone radiation causes lymphoma in normal animals? There are at least 12 other studies of long-term exposure of rodents to radiofrequency radiation. None of these studies used lymphoma-prone mice and none have reported excess lymphoma. See Q23C for details. A difference in tumor induction between normal animals and animals that have been genetically- altered to make them cancer prone is not unexl:.ected, as other studies (for example, Johnson [112]) have shown that the genetically-altered animals often show different responses than normal animals in carcinogen screening tests. o Why is the level of RF exposure in this study so poorly-defined? It is not easy to expose animals to uniform levels of RF. If animals are unrestrained in cages, the RF dose (the SAR [8]) varies with the position of the animal, with the animals's orientation to the antenna, with the presence of other animals, and with the animal's size. To get well-defined RF doses, the animals must be confined in small holders, and the daily handling and confinement this requires can produce biological effects all by itself. Even under these conditions, the SAR may change as the animals increase in size. Basically, the experimenter has a choice: treat free-running animals with minimal disturbance, and accept uncertain dosimetry; or get good dosimetry, and risk artifacts due to handling and confinement. Either choice is open to criticism. 23C) Has anyone else exposed rodents to cell phone radiation to see if they got cancer? http ://~x~vw.mcw.edu/ gcrc/cop/cell-phone-heal th-F A Q/toc.html 3/28/01 There are at least 15 other st,~dies of long-text, expos,are to rodents to radio-frequency radiation. i ' lln 197 i, Spading el al !64] published a study ofrnice that had been exposed to 800-MHz RF for 2 hr/day, 5 days/week, lb~: 35 weeks at a SAR of 13 W/kg. The average life span of the RF-exposed ~oup (664 days) ,,,,'as slightly, but not significa.ntly, longer than that of the shah-exposed goup (645 days). - In 1982 Szrnigielski et al [65] published a study of mice that were exposed to 2450-MHz RF for 2 hr/day, 6 days/wk, for up to 6 months. Exposures were at 2-3 and 6-8 W/kg. Controls included both sham-irradiated animals and animals subject to "confinement stress". Both RF exposure and confinement stress significantly accelerated the appearance of both chemically-induced .skin tumors and chemically-induced breast tumors. The dosimetry in this study is questiona')le, and seems likely that the mice exposed at the hi~her dose were subjected to physiologically-significant heating. - In 1988 Saunders et al [98] published a study of male mice that were exposed to 2450.MHz RF radiation (power density of 10 mW/cm-sq and SAR of 4 W/kg) for 6 h per day for a total of 120 h over an 8-week per~od. At the 'end of the treatment the mice were mated with unexposed females. There was no significant reduction in pregnancy rate, so that there had been no increase in dominant lethal mutations. Examination of spermatogonia showed no increase in chromosome aberrations. The authors conclude that "there is no evidence in this experiment to show that chronic exposure of male mice to 2450-MHz microwave radiation induces a mutagenic response''. - In 1994 Liddle ¢~ al [66] published a study that examined the effects of life-time 2450-MHz RF exposure in mice. Mica":Were exposed for 1 hr/day, 5 days/week tt~'oughm~t their life at either 2 or 6.8 W/kg. Life span was significantly shortened in mice exposed at 6.8 W/kg (median of 572 days vs 706 days in the sham-exposed group). However, at 2 W/kg, the RF-exposed animals lived slightly, but not significantly longer (median of '138 days) than the sham-exposed group. The authors suggested that the heating from exposure at 6.8 W/kg was stressful enough to decrease life span. - In 1992, Chou et al [43 ] published a study of 100 normal rats that were exposed to pulsed 2450 MHz RF at 0.15-0.40 W/kg-[§] for 21.5 hfs/day ,'md 25 months. No effects were observed on life-span or cause of death. An increase in total cancer was seen in exposed group, with no effect on survival. The malignancy rates in the controls was unusually low for this strain, and no increase in benign tumors were observed. Two primary lymphomas were seen in the exposed animals, and two in the controls. No benign or malignant brain tumors were seen in either exposed or control rats. The authors concluded: Microwave exposure.., showed no biologically significant effects on. general health... The findings of an excess of primary malignancies in exposed animals is provocative. However, when this single finding is considered in light of other parameters, it is conjectural whether the statistical difference reflects a true biological influence. The overall results indicate that there are no definitive, b'iologically significant effects... - In 1994, Wu et al [56] published a report on 26 mice that wer~ exposed to a chemical carcinogen plus 2450 MHz RF at 10/i~iW/crn-sq (10-12 W/kg). Exposure continued for 3 hrs/day, 6 days/week for 5 months. The chemical carcinogen is one that causes colon cancer. No difference in colon cancer rates were seen between animals treated with the carcinogen alone and the animals treated with the carcinogen plus RF. - In 1997, Toler el [45] published a report on 200 mammary-tumor-prone mice exposed to pulsed 435 MHz RF at 1.0 mW/cm-sq (0.32 W/kg). Exposure continued for 22 ks/day, 7 days/week for 21 months. http://wxwv.mcw.edu/gcrc/cop/cell-phone-health-FAQ/toc.html 3/28/01 -. The ~-~uth,:,"s reported no differences in survival or mammary tumor incidence. The authors reported that there was ~to difference in the rates of any types of tumors between the exposed and the control g-roup. Of pa.,-ticular note, there was no difference in the lymphoma, leukemia or brain tumor rate between the exposed and the control group. - In 1998, Frie et al [44] published a report on 100 mammary-tumor prone mice that were exposed to 2450 MHz RF at a SAR of 0.3 W/kg. Exposure was for 20 hrs/day, 7 days/week for 18 months. The study found no difference in tumor incidence or survival between the exposed and the control ~oup. - Laterin 1998, Frie et al [47] published a second study using the same mouse model and the same exposure regimen, but a higher SAR of 1.0 W/kg. Again, the study found no difference in tumor incidence or survival between the exposed and the centrol gToup. There were no differences in lyrnphoma, leukemia or brain tumor incidence between the exposed and the control goup in either study. - In 1998 Imaida et al [6.~, ] published a report on 48 rats that were given a chemical carcinogen that cause liver cancer, and '¢)'e're then exposed to 929 MHz RF an a SAR of 0.6-0.9 W/kg. Exposure was for 90 min/day, 5 days/week for 6 weeks. No difference in liver cancer rates were seen between RF-exposed rats and rats given only the chemical carcinogen. - In a second 1998 paper, Imaida et al [63b] reported a similar lack of liver cancer promotion in rats exposed to 1500 MHz RF at a SAR of 2~0 W/kg. Again, exposure was for 90 rain/day, 5 days/week for 6 weeks. - In 1998 Adey et al [24] reported that exposure to pulse-modulated 837 MHz P,_F did not induce or promote brain tumors-ln rats. RF exposure started with continuous whole-body far-field exposure of pre,ant rats and continued through weaning. At 7 weeks of age, localized near-field exposure of the head was begun, and this exposure continued for 22 months (2 hrs/day, 7.5 rain on - 7.5 rain off, 4 days/week). Some rats were also treated with a chemical brain tumor carcinogen (ethylnitrosourca, ENU). Brain SARs ranged from 0.7 to 1.6 W/kg, and whole-body SAR ranged from 0.2 to 0.7 W/kg; the range of SARs was due to changes in weight and variability in animal positioning. The number of brain tumors was less in the. RF-exposed goups than in the sham-exposed goups, but the difference was not statistically significant. This non-significant decrease was seen in both rats treated with R.F alone, and in rats treated with RF plus the chemical brain tumor carcinogen. - In 2000, Adey et al [50] reported that exposure to continuous wave 837 MHz RF did not induce or promote brain tumors i'i~' rats. Other than the difference in modulation, the 2000 study used the same design and exposure protocol as the 1999 study. - In 1999, Chagnaud et al [106] reported that exposure of rats to a GSM signal did not promote chemically-induced breast da'hcer. At various times after exposure to a chemical carcinogen, rats were exposed for 2 weeks at 2 hours per days to a 900-MHz GSM signal at 0.075 or 0.27 W/kg. No effects on tumor incidence, tumor growth or animal survival were observed. - Also in 1999, Higashikubo et al [107] reported that exposure of rats that had brain tumors to radio- frequency radiation had no effect o~i-ffte gowth of these brain tumors. Rats were exposed to either 835 mhz continuous wave RFR or 848 MHz pulsed RFR at SARs of 0.75 W/kg. Exposure was for 4 hrs/day, 5 days per week, starting 28 days prior to tumor implantation and continuing for 150 days after tumor implantation. http://w,,wv.mcw.edu/gcrc/cop/cell-phone-health-FAQ/toc.html 3/28/01 .~.~m - In 2001, Zook and Simmens [104] reported the absence of an effect on brain tumor incidence in rats exposed to continuous-wave or pulsed 860-MHz radio-frequency radiation at 1.0 W/kg. Exposure was for 6 hfs/day, 5 days/week for 22 months, starting when the rats were '2 months old. Zook and Simmens also reported that the s:,~me RF protocols di.'1 not promote chemically induced brain cancer. No statistically-sig-nificant PT-related increases in overall cancer or any specific types of cancer (including lymphoma) were found. ~ - Also in 2001, Jauchem et al [156] reported that there were no significant effects on mammary tumor development or animal survival in mamma~ tumor-prone mice exposed to pulses composed of an ultra-wideband (U-WB) of frequencies, h~cluding those in the RF range. Histopathological evaluations revealed no significant effect on the numbers of neoplasms in any tissue studied (including lymphomas). Thus it would appear that induction oflymphoma, and tumors in general, by life-time exposure of rodents to RF is not a general phenomena. 23D) What about the report that exposure of mice to cell phone radiation causes damage to the DNA in their brain cells? Agents that can damage the DNA of cells are'presumed to have carcinogenic potential [.4]. Agents that can damage DNA are called genotoxins, or are referred to as having genotoxic activity. In general, studies of cells exposed to RF have not found evidence for genotoxicity unless the SAR was high enou2-A2 to cause thermal (heat) injury [5,6, 7, 14]. -- In 1995 and 1996, Lai and Singh [31 ] reported that PT caused DNA damage (genotoxic injury) in rats. In these experiments, rats were exposed to 2450 MHz RF at 0.6 and 1.2 W/kg. After exposure, the animals were killed, and their brain cells were analy:~':ed for DNA injury. The authors reported an increase in DNA stand breaks 4 hours after exposure. The work of Lai and Singh [31 ] has failed independent attempts at replication. In 1997, Malyapa et al [49a, 49b] reported that they'~-0uld not detect the effect seen by Lai and Singh, but there were some diffei'~h-~'~s between the studies. In 1998, Malyapa et al [49c] reported that they could not detect the .... effect in an exact replicate of the Lai and Singh [31 ] study. Other recently published studies on the genotoxic potential of RF have reported no evidence for genotoxicity (damage to DNA)' . Vijayalaxmi et al [4la, 4lb, 119] found no evidence for genotoxic injury in the blood cells of mice exposed to 245(j'MHZ P~' for 18 months at 1 W/kg; or in human lymphocytes exposed in cell culture to 2450 MHz RF at 2.1 or 12.5 W/kg. Cain et al [42 ] found no effect of 836 MHz RF exposure at 0.015 W/kg on neoplastic cell transformation in animal fibroblasts. Antonopoulos et al [75] found no effects of RF exposure on cell growth or chromosome injury in human lyrnphocytes.'Cells were exposed to RF for 48-72 hrs at 380 MHz (SAR=0.08 W/kg), 900 MHz (S)d:~=0.2 W/kg) or 1800 MHz (GSM, SAR=I.7 W/kg). Gos et al [136] reported that RF radiation of the type produced by GSM phones (at 0.13 or 1.3 W/kg) was'¥ibt mutagenic and did not enhance the activity of a chemical carcinogen. Maes et al [149] reported that RF radiation exposure of human blood cells at 6.5 W/kg'did not damage chr6mosomes, did not enhance the a.ctivity of a chemical carcinogen, and did not enhance chromosome damage induced by X-rays. http ://www.mcw. edu/gcrc/cop/cell-phone-health-F A Q/to c. html 3/28/01 · Ce}i Phone Antennas (Base Stations) and Human Health Page 43 of 58 · Roti Roti et al [151] reported that RF radiation (analog or digital) exposure of mammalian cells at 0.6 W/kg did no{ Cause cell transformation. · Vijayalaxmi et al [150] reported that RF radiat'ion exposure of human blood cells at 4.4-5.0 W/kg did not cause chromosome damage and did not enhance micronucleus formation. · NH lVlaes and Collier [1570] found no increase in chromosome aberrations or SCE in human lymphocytes exposed to 600 MHz GSM at 0.4-10 W/kg for 4 hrs. RF exposure also did not enhance the genotoxic effects of X-rays or of a chemical carcinogen (tests for epigenetic activity). In contrast, other 1996-1998 studies found some evidence for RF exposure might be genotoxic: · Maes et al [32] reported that exposure of human blood cells to 954 lvIHz PO' at 1.5 W/kg did not cause chromosome damage, but increased the amount of chromosome damage produced by a chemical carcinogen. · Scarfi et al [36] reported that exposure of animal white blood cells to 9000 MHz RF at 70 W/kg produced caused genotoxic injury and enhanced the genotoxic injury caused by a chemical carcinogen. However, the SAR in this experiment was high enough to cause thermal (heat) injury, so the relevance to real-world human exposure is unclear. · Phillips et al [78] exposed mammalian cells to tLF for 2 or 21 hours at 814 or 827 MHz. The SAR was 0.0002 or 0.002 W/kg. Both increases and decreases in the incidence of DNA strand breaks were observed, with no obvious pattern. Two reviews of the genotoxic potential of RF were published in 1998. Verschaeve and Maes [80] concluded that: "According to a great majority of papers, PT fields, and mobile telephone frequencies in particular, are not genotoxic: they do not induce genetic effccts in vitro [in cell culture] and in vivo [in animals], at least under non-thermal conditions [conditions that do not cause heating], and do not seem to be teratogenic [cause birth defects] or to induce cancer." Brusick et al [81 ] concluded'that: ...... "The data from over 100 studies suggest that PT radiation is not directly mutagenic and that adverse effects from exposure of organisms to high power intensities of RF radiation are predominantly the result ofhyperthermia [heating]; however, there may be some subtle indirect effects on the replication and/or transcription of genes under relatively restricted exposure conditions." 24) Where can I get more information? The documentation of the various radiofrequency standards [5,6, 7 and 14] contain extensive references. Reasonably up-to-date reviews of this area include: · the ICNIRP publication on hand-held phones [1 ]. o the review by Smchly [83]. ,, the review by Repacholi [74]. ° the Q and A sheet from thO"US FCC [135]. Online at: ht~p://www, fcc.gov/Bureaus/Engineeririg_Technology/Documents/bulletins/oet56/oct56e4.pdf o ihe report from the U.K. Independent Expert Group on Mobile Phones [128]. Online at: http://www.iegrnp.org.uk/IEGMPtxt.htm. h,,-,.//,,,,,,,v ,~r,t,., r. ch,locre/en,~leell-nhcme-health-FAO/toc.html 3/28/01 · %'c..:, '?:~one ~"~n:ennas (?~ase :._,ta~ons)~ 'anc. k. uman ..-..ea..?n .~oa~eo ,~-'. ot .3~ . :he report from the Royal Society of Canada [99 ]. Online at: h ttp ://wwxv. rs c. ca/engl istvRFr eport, pd f. · S[f~[Y-ik-sues Associated W'i-~h-B-[~'-stations Used tbr Personal Wireless Communications, A COMAR Technical Information Statement, September, 2000. Online at: ht-tp ://www.seas. upenn.edu: 8080/---kfoster/t)ase.htm -. 25) Who wrote these Questions and Answers? This FAQ sheet was written by Dr. John Moulder, Professor of Radiation Oncology, Radiology and Pharmacology/Toxicology at the Medical College of Wisconsin. Dr. Moulder has taught, lectured and written on the biological effects of non-ionizing radiation and electroma,mnetic fields since the late 1970%. The original version of this FAQ was written in 1995 under a contract with the City of Brookfield, Wisconsin. The FA.Q has been maintained and expanded since 1995 as a teaching aid at the Medical College of Wisconsin. The web server and web management is provided by the General Clinical Research Center at the Medical College of Wisconsin. The development and maintenance of this document is not supported by any person, agency, group or corporation outside the Medical College of Wisconsin. Parts of this FAQ are derived from the following peer-reviewed publications: o IGR Foster, LS Erdreich, YE Moulder: Weak electromagnetic fields and cancer in the context of risk assessment. Proc IEEE, 85:733-746, 1997. · JE Moulder: Power-frequency fields and cancer. Crit Rev Biomed Eng 26:1-116, 1998. · JE Ivloulder, LS Erdreich, RS Malyapa, J Merritt, WF Pickard, Vijayalaxmi: Cell phones and cancer: What is the evidence for a connection? Radiat. Res., 151:513-531, 1999. · KR Foster and JE Moulder: Are mobile phones safe? IEEE Spectrum, Aug-ust 2000, pp 23-28. · KR Foster and JE Moulder: Mobiles et cancer, un vrai casse-tfite. La Recherche 337:39-47, 2000. o tLR Foster, P Vecchia et al: Effetfi .~. dla salute del telefoni mobili. AEI 87:36-41, 2000. Dr. Moulder maintains similar "FAQ" documents on '~Powert[nes and Cancer" and '~S.~fic EM F~ekts and Cancer". Technical Notes: 1. International Commission on Non-Ionizing Radiation Protection: Health issues related to the use of hand-held radiotelephones and base transmitters. Health Physics 70:587-593, 1996. 2. PCS (Personal Communication Systems) phones are hand-held two-way radios that use a distal, rather than the analog transmission system.used by most cellular phones. In the U.S., cellular phones operate at 860-900 MHz, while PCS phones operate at 1800-2200 MHz. In appearance, cellular and PCS phones and their base station antennas are similar. In the U.S., "cordless" phones operate at frequencies ranging from 45 to 1800 MHz, and "citizens band (CB)" two-way radios operate at about 27 MHz. Some cordless phones operate at power levels that equal or exceed some cellular phones. International note: Around the world a vardew of other frequencies are used for both analog and digital httr>://xvww,mcw,edu/.~crc/coD/cell-phone-health-FAQ/toc,html 3/28/01 ITEM NO. 10a DATE: June 6, 2001 AGENDA SUMMARY REPORT SUBJECT: STATUS REPORT REGARDING REPLACEMENT OF THOMAS PLAZA FOUNTAIN At the direction of City Council, staff has been meeting with Fountain Committee members Mayor Ashiku and Councilmember Larsen to determine the type of improvements to be made in the Thomas Plaza to replace the fountain. Council's direction at the time was to investigate and report back on the cost and design options for a replacement fountain, a tree with benches, or some form of open shade structure such as a gazebo, with a cost limitation of $25,000. Associate Planner Brian Keefer has a background in landscape architecture and was enlisted to provide a conceptual design for shading and a water element. Since the Council's last discussion of this item, staff has received considerable public comment requesting the center circle of the Plaza, which was the previous location of the fountain, be retained as a gathering place but enhanced with a greater amount of shade. In general, it was the consensus of the comments received that the Plaza was greatly lacking in shade and that the emphasis of any improvements should be on increasing shaded gathering areas throughout the park. (continued on page 2) RECOMMENDED ACTION: further direction to staff. After discussion of improvements to Thomas Plaza provide ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A City Council Larry W. DeKnoblough, Community Services Director Candace Horsley, City Manager Brian Keefer, Associate Planner None APPROVED: Plaza.asrLB/ZIP Candace Horsley, Cit~Manager In response to the public comment, the Committee's discussion focused on developing a central structure in place of the fountain, possibly with a fabric covering, which could be removed during the off-season and four arbors placed over the existing benches located at the end of the four walkways heading into the center of the Plaza. A water element could be added to the design by virtue of a water wall, which would fall from the rear of each arbor into a grate and circulate into one or two small pool type fountains constructed at the east and west ends of the Park between the arbors. In addition to the structural improvements the Committee discussed the planting of several large, strategically placed trees around the perimeter grass areas. While this proposal is significantly expanded from Council's original direction and would increase costs for both construction and maintenance, it is anticipated that these improvements could be completed in phases over a period of perhaps five years. In this manner the more immediate need of shade could be met by constructing the central shade structure and planting trees first followed by the arbors and water elements in subsequent budget years. .~ Staff is not recommending any specific action at this time, however, this item is being returned to the Council as an update on the Committee's activity and to seek any additional direction the Council may provide. LD/ZIP Plaza.asr Pase 2 AGENDA SUMMARY ITEM NO. lOb DATE: June 6, 2001 REPORT SUBJECT: COMMISSION TERMS (i) INTRODUCTION OF ORDINANCE CONCERNING THE TERMS OF OFFICE FOR MEMBERS OF CITY COMMISSIONS AND BOARDS (ii) ADOPTION OF RESOLUTION AMENDING PROCEDURES FOR FILLING VACANCIES ON CITY COMMISSIONS AND BOARDS At the meeting of May 16, 2001, the City Council discussed the various aspects of City appointed Commissions and Committees with regards to terms, recruitments, and the appointment process. As a result of that discussion, the City Council took the following actions: . The City Council will interview applicants for the Planning Commission, Airport Commission, and the Parks, Recreation, and Golf Commission. (Continued on Page 2) RECOMMENDED ACTIONS: After Council discussion, (i) introduce ordinance concerning the terms of office for members of the City Commissions and Boards; and (ii) Adopt resolution amending procedures for filling vacancies on City Commissions and Boards. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine changes are to be made to the ordinance and/or resolution prior to adoption, identify changes and introduce/adopt revised document 2. Determine the existing process is not to be changed and do not adopt ordinance or resolution Citizen Advised: N/A Requested by: Prepared by: Coordinated with: Attachments: APPROVED': ~;~ ~,..~% ~ 4/Can. ASRBoards.601 Candace Horsley, CitI City Council Candace Horsley, City Manager David Rapport, City Attorney 1. Draft Ordinance for adoption 2. Draft resolution with strikeouts and underlined additions 3. Dra.,ft resolution for adoption Manager ,, The application is deemed complete when signed by a new applicant. Any Commissioners who are requesting reappointment must make a written request by the deadline for reappointment, but they are not required to submit a full application to the Council. This requirement excludes elected officials and City staff. 3. Term limits on all Commissions are rescinded. The City Attorney has prepared an ordinance that amends the terms of office for members of the City Commissions and Boards and also a resolution that amends the procedures for filling the vacancies on City Commissions and Boards. If the Council chooses to continue with this process, the ordinance must be introduced and will return at the next Council meeting for adoption. The resolution can be adopted at this meeting. Councilmember Libby has asked for further discussion on the actions that were taken at the last Council meeting regarding the elimination of term limits and the process for submission of applications. ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH, AMENDING SECTION 1200 OF THE UKIAH CITY CODE CONCERNING THE TERMS OF OFFICE FOR MEMBERS OF CITY COMMISSIONS AND BOARDS. The City Council of the City of Ukiah ordains as follows: SECTION 1. Division 1, Chapter 4, Article 5, Section 1200 of the Ukiah City Code is amended to read as follows: § 1200: TERMS OF COMMISSION OR BOARD MEMBERS LIMITED: All members of commissions and boards appointed by the City Council shall serve at the will and pleasure of the City Council and may be removed at any time during their term of office with or without cause upon a motion of any councilmember and a four-fifths (4/5) vote of the City Council. There shall be no limit on the number of terms a member of a commission or board may serve. SECTION 2. This ordinance shall be published as required by law and shall become effective 30 days after its adoption by the City Council. Introduced by title only on AYES: NOES: ABSENT: ,2001, by the following roll call vote: Adopted on AYES: NOES: ABSENT: ., 2001, by the following roll call vote: ATTEST: Phillip Ashiku, Mayor Made Ulvila, City Clerk C:\windows\TEMP\CommissionTERMS.doc RESOLUTION NO. 9to-- - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHINGAMENDING PROCEDURE FOR FILLING VACANCIES ON CITY COMMISSIONS AND BOARDS. 1. -Ukiah City Code ~1151 provides that members of the Planning Commission shall be appointed in accordance with a procedure established by resolution of the City Council; and 2. The City Council has not adopted a procedure for filling vacancies on the City's boards and commissions, including the Planning Commission; and 3. -The City Council has determined that using a uniform procedure will insure fair and consistent treatment of candidates and councilmembers; ....... ~. ..... The~gi~I ~CoNn~G~ ,haS~ d._e~e~mi~n~ed ~to~Nend~t~.oGedu~es f 0 ~ ~apPo~n t~isg~ c9~i.s signe~s; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts the following am~nd~dprocedure for filling vacancies on the City's commissions and boards, including the Planning Commission. PROCEDURE FOR FILLING VACANCIES ON COMMISSIONS AND BOARDS The City Council shall fill vacancies on City boards and commissions, using the following procedure. 1. Applicant pool. The City Council shall develop an available pool of candidates for a vacancy by advertising the vacancy at least once in a newspaper of general circulation in Ukiah not less than thirty (30) days prior to the council meeting at which the vacancy is to be filled. The advertisement shall specify a deadline for submitting applications. Ail completed applications received prior to the deadline shall be included in the pool of available applicants, provided the applicant: a. meets the minimum qualifications for the position as established in the applicable Ukiah City Code section or resolution, establishing the commission or board; and b. participates in a personal interview, if the City Council conducts personal interviews for the position. appl~icant. Applications included in an available pool may be used as a source of nominations for a period of one (1) year from the application deadline. 2. Exceptions. The following shall be considered for a~ditiona!_~, term; gapa_c.~ as eSecte~_ Qffic.i_a!s; as...g~ty s..t_~ff; 4. All appointees, except public members, on the BQe. r.d ~_.n._Q.the Disaster Boar. d; membe.~:~ ~..~ and Any such exempt applicants shall be considered for appointment, if they submit a written request for consideratien ............ 2. Nominations. Each councilmember, including the Mayor, shall have the right to nominate a candidate from the available pool of candidates. s:\u~resos95\vacancy.pro June 1, 20013 a. The right to place a name before the City Council for consideration shall rotate among the councilmembers based on seniority with the most senior councilmember going first. made. b. The Council shall vote on each nomination as it is c. A councilmember's right to make a nomination shall terminate and the right to nominate candidates shall rotate to the next most senior councilmember, when a councilmember's nomination is approved by a majority vote of the councilmembers present or the councilmember agrees to pass the nomination to the next most senior councilmember, whichever occurs first. d. This process for rotating the right to nominate candidates among councilmembers to fill vacancies shall be followed for each separate commission or board. (1) The City Clerk shall maintain a record of the last councilmember to make a nomination for each commission or board. (2) When another vacancy must be filled on that commission or board, the next councilmember in line to make nominations for that commission or board shall make the first nomination to fill the vacancy. PASSED AND ADOPTED this following roll call vote: th day of · 2001, by the AYES: NOES: ABSTAIN: ABSENT: Philip Ashiku, Mayor ATTEST: s:\ukresosg$\vacancy.pro June I, 20014 RESOLUTION NO. - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING PROCEDURE FOR FILLING VACANCIES ON CITY COMMISSIONS AND BOARDS. 1. Ukiah City Code §1151 provides that members of the Planning Commission shall be appointed in accordance with a procedure established by resolution of the City Council; and 2. The City Council adopted a procedure for filling vacancies on the City's boards and commissions, including the Planning Commission; and 3. The City Council has determined that using a uniform procedure will insure fair and consistent treatment of candidates and councilmembers; 4. The City Council has determined to amend its procedures for appointing commissioners; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts the following amended procedure for filling vacancies on the City's commissions and boards, including the Planning Commission. PROCEDURE FOR FILLING VACANCIES ON COMMISSIONS AND BoARDs The City Council shall fill vacancies on City boards and commissions, using the following procedure. 1. Applicant pool. The City Council shall develop an available pool of candidates for a vacancy by advertising the vacancy at least once in a newspaper of general circulation in Ukiah not less than thirty (30) days prior to the council meeting at which the vacancy is to be filled. The advertisement shall specify a deadline for submitting applications. Ail completed applications received prior to the deadline shall be included in the pool of available applicants, provided the applicant: a. meets the minimum qualifications for the position as established in the applicable Ukiah City Code section or resolution, establishing the commission or board; and b. participates in a personal interview, if the City Council conducts personal interviews for the position. An application shall be deemed complete when signed by the applicant. Applications included in an available pool may be used as a source of nominations for a period of one (1) year from the application deadline. 2. Exceptions. The following shall be considered for appointment or reappointment to a commission or board without submitting a written application: · Incumbents seeking additional term; reappointment for an · Elected officials seeking appointment in their capacity as elected officials; · City staff seeking appointment in their capacity as City staff; · Ail appointees, except public members, on the Investment Oversight Commission, Traffic Engineering Committee, Cultural Arts Advisory Board and the Disaster Board; · City Council members, including the Mayor, appointed in their capacity as City Council members; and · Appointments to the Civil Service Board. Any such exempt applicants shall be considered for appointment, if they submit a written request for consideration within 10 days of the date the appointment is made. 2. Nominations. Each councilmember, including the Mayor, shall have the right to nominate a candidate from the available pool of candidates. a. The right to place a name before the City Council for consideration shall rotate among the councilmembers based on seniority with the most senior councilmember going first. made. b. The Council shall vote on each nomination as it is c. A councilmember's right to make a nomination shall terminate and the right to nominate candidates shall rotate to the next most senior councilmember, when a councilmember's nomination is approved by a majority vote of the councilmembers present or the councilmember agrees to pass the nomination to the next most senior councilmember, whichever occurs first. d. This process for rotating the right to nominate candidates among councilmembers to fill vacancies shall be followed for each separate commission or board. (1) The City Clerk shall maintain a record of the last councilmember to make a nomination for each commission or board. (2) When another vacancy must be filled on that commission or board, the next councilmember in line to make nominations for that commission or board shall make the first nomination to fill the vacancy. PASSED AND ADOPTED this following roll call vote: th day of , 2001, by the AYES: NOES: ABSTAIN: ABSENT: ATTEST: Philip Ashiku, Mayor Marie Ulvila, City Clerk ITEM NO. 11a MEETING DATE: .lune 6, 2001 AGENDA SUMMARY REPORT SUB]ECl': APPROVAL OF AGREEMENT WITH EDGE WIRELESS Five years ago, the Public Safety Department relayed to the City Manager that the tower, which houses the antennas for the Public Safety and field crew radio system was deteriorating and would require replacement within the next 10 years. The tower had originally been located at the Police Station on Standley Avenue and was brought over to the Civic Center when the facility was constructed in 1987. It is estimated that the tower is well over 30 years old. Life expectancy for these types of towers is 25 to 30 years and, in fact, only one antenna company will still send its staff up the tower due to the decrepit condition of the structure. As the City was contemplating how we would afford to construct a new tower and purchase the new technology equipment required for Public Safety, we were contacted by Edge Wireless with a proposal for the construction of a new tower for City and cell communication equipment purposes. The Police Department originally were contacted by Edge Wireless and when the City Manager's office received the initial proposal it consisted of Edge Wireless constructing the tower and providing the shelter for the City's Public Safety radio equipment. But Edge Wireless would not pay any lease value to the City for a period of 10 years to cover their capital costs, and after that point the lease value would be $500, with an annual Consumer Price Index (CPI) increase of 3%. (Continued on Page 2) RECOMMENDED ACTION: Council approve agreement with Edge Wireless ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Council approve revised agreement or remand matter to staff for further negotiations Citizens Advised: Requested by: Prepared by: Coordinated with: Attachment: 1. 2. N/A Candace Horsley, City Manager Chris Dewey, Police Captain; Dave Rapport, City Attorney Agreement with Edge Wireless Pictures of the Public Safety equipment shelter ,~:Can:AS~Edge.6olCandace Horsley, Cit~anager After negotiations with the City Manager, the current proposal is as follows: 1 ! 1 Edge Wireless will construct the tower and provide the shelter for the City's radio equipment The lease payments will begin immediately upon construction of the tower and will start at $800 per month There will be an automatic annual increase of 5% to the lease rate Edge Wireless will assist with the labor to install the City's antenna system and connection to the Civic Center and shelter system The initial term will be for five years, with four renewal options of five years each. A similar lease agreement with another Northern California City reveals that they recently negotiated a sum of $350 per month, a variable CPI rate with a maximum CPI of 5%, and the lessees did not pay any revenue until five years after completion of the tower construction, l~n reviewing several other similar leases, it appears that the City's lease is appropriate and acceptable for our particular situation and condition of construction. The City will have costs for the purchase of our own equipment, which will include an antenna combiner and master transmit antennas, multiple frequency radio equipment and transmission line for the antennas, equipment racks, and inter-connecting cables. It is estimated that the total cost for this equipment and associated hardware will be around $47,000. The labor has been estimated at $14,000, but with the assistance of Edge Wireless we plan to cut this at least by half. If the City had constructed the tower and bought the equipment, we would be looking at approximately $125,000 for the total project. Through this agreement with Edge Wireless, we are not only dramatically reducing our out-of-pocket costs, but we will be receiving a lease payment every month, which will be increasing annually to help cover future costs of replacing our radio equipment. The City Attorney has prepared the agreement in coordination with Edge Wireless's Attorney. Staff believes that since this is a replacement tower, and not a new tower, the impact on the community will be minimal and will be of great value to our citizens. We, therefore, are recommending approval of the agreement with Edge Wireless. The Attorneys have completed the final version of the agreement, but the City has not received the document in time to go out with the packet. Staff will deliver the document to the City Council by IVlonday at 5:00 p.m. LICENSE AGREEMENT This License Agreement is made and entered into the ~ day of ,2001 ("Effective Date"), by and between The City of Ukiah, 300 Seminary Road, Ukiah, California 95482 hereinafter referred to as "City ", and Edge Wireless LLC, an Oregon limited liability company, Attention: Sr. Real Estate Manager, 600 SW Columbia, Suite 7200, Bend, Oregon 97702 ("Licensee "). In consideration of the mutual promises, conditions, and other good and valuable consideration of the parties hereto, it is covenanted and agreed as follows: 1. License. (a) As of the Effective Date, City hereby grants to Licensee a non-exclusive License from City covering the following described Premises: Approximate dimensions: 35 feet x 20 feet Approximate square footage: 700 Location: Approximately 30 feet West of the existing ante~ma tower at the rear of the Police and Fire Departments, 300 Seminary Road, City of Ukiah, in Mendocino County, State of California (collectively the "Premises ") together with access for Licensee's uses from the nearest public fight-of-way along the City's property subject to limitations set forth in paragraph l(c). See Exhibit "A" attached hereto for sketch of subject site. A description of said site produced by a licensed surveyor or engineer will be attached as Exhibit "A" at a later date. (b) Prior to commencing the use of the Licensed Premises, the Licensee and its agents, engineers, surveyors and other representatives will have the right, but not the obligation, to enter upon the Premises to inspect, examine, conduct soil borings, drainage testing, material sampling, and other geological or engineering tests or studies of the Premises (collectively the "Tests") subject to limitations set forth herein, and otherwise to do those things on the Premises that, in the opinion of Licensee, are necessary to determine the physical ceadition of the Premises, the environmental history of the Premises, City's title to the Premises, and the feasibility or suitability of the Premises for Licensee's Permitted Use, all at Licensee's expense. In conducting any tests, inspections or other activity pursuant to this subparagraph 1 (b), Licensee shall not interfere with the regular business of the City conducted in or around the Licensed Premises. Licensee shall consult with City on the tests or other activities it plans to undertake and schedule and conduct those activities only as approved by City. (c) In consideration of City granting Licensee, Licensee hereby agrees to pay City the sum of EdgeLICENSE5-14CouncilClean May 14, 2001 EIGHT HUNDRED DOLLARS ($800.00) upon execution of this Agreement and the additional consideration and services set forth in paragraphs 2(b) and 2(0. 2. License Terms. City grants a non-exclusive License covering the Premises to the Licensee subject to the following terms and conditions. (a) Survey / Site Plan. Licensee may, at Licensee's expense, cause a survey, site plan, and/or legal description of the Premises to be prepared, to further delineate and identify the land underlying the Premises, and to attach the same as exhibits to this License Agreement. Licensee shall furnish such survey, plan or description to City within 90 days of the Effective Date. (b) Use of Premises. (1) Licensee may use the premises solely for the purpose of installing and operating a tower, antennas, equipment shelter, and related equipment (collectively known as "Licensee's Facilities") for the transmission and receipt of radio-telephone and other electrical signals for PCS/cellular telephone service under the FCC authorization issued to Licensee in a manner that does not interfere with City's use of the tower for it's communications facilities. (2) Licensee shall have a right of access to the licensed premises that includes the placement of utility facilities underground to service the Premises in accordance with an encroachment permit issued by the City. (3) Licensee shall not locate any other antennas on the tower or related equipment on the licensed premises used by any other person or entity or for any other purpose without the consent and agreement of the City. (4) Licensee shall comply with ail applicable fe&~ral, state, and local laws. Licensee agrees to replace the City's existing communication tower with a one hundred foot (100') high tower, the plans and specifications for which must be approved by City. Licensee shall construct the tower in accordance with the approved plans and specifications and m~:ke it accessible for inspection by the City during construction and upon its completion. The City shall have the right to inspect and approve the construction as complying with the approved plans and specifications. Licensee shall be able to locate its communication antennas and related equipment at or near the top of the tower and will install for the City (1) three omni antennas at locations agreeable to the parties, (2) base station radios in the equipment building and (3) the necessary relocated wiring to connect the base station radios to the new antennas. City will be entitled to use one rack in Licensee's equipment shelter and Licensee shall install the City's equipment in that rack in accordance with the City's instructions. Licensee shall remain the owner of tower, equipment shelter, and its equipment installed on the tower or inside the equipment shelter. Upon termination of this Agreement by Licensee (other than as a result of a material breach by City) or if Licensee provides notice that it will not exercise any of its options to renew this License, the tower and shelter shall become the property of the City. If the City terminates this License (other than as a result of a default by Licensee), the tower and shelter shall remain the property of Licensee. Licensee must commence construction of the tower within 180 days of the Effective Date, and diligently complete construction in accordance with the approved plans and specifications, including the installation of all of the City's antennas on the tower and in its equipment in the EdgeLICENSE5- i 4CouncilCl~an May 14, 2001 equipment shelter. (c) Term of License Agreement. The initial term of the License will be five (5) years (the "Initial Term"), commencing upon the Effective Date. The Initial Term will terminate on the last day of the month in which the fifth (5th) annual anniversary of the Effective Date occurred. (d) Option to Renew. Licensee shall have the option to renew this License Agreement for up to four (4) additional terms of five (5) years each, upon a continuation of all the same provisions hereof. Each option to extend this lease shall be automatically exercised by the Licensee or its successors, unless written notice is sent by certified mail, addressed to the City at the address shown above, three (3) months prior to the expiration of the then existing term of this License Agreement. (e) Termination. Licensee shall have the right to terminate this License Agreement or any extension thereof at .any time upon giving the City sixty (60) days' written notice. If the License is terminated, all antennas and equipment belonging to and installed by the Licensee shall remain the property of the Licensee. The tower, equipment shelter and City owned antennas and equipment shall remain the property of the City. Upon termination of the License, Licensee shall have sixty (60) days to remove its antennas and equiprnent from the tower aad shelter. Any equipment remaining on the Licensed Premises after said sixty (60) days shall become the property of the City, which it may use or dispose of as it sees fit. Licensee shall pay any costs to dispose of the antennas or equipment, if the City elects to dispose of it. Any such costs shall be reduced by the amount, if any, received by the City for the sale of same. (f) License Fee. Commencing on the first day that Licensee commences construction (the "Commencement Date"), Licensee shall pay a License fee to City in the amount of EIGHT HUNDRED DOLLARS ($800) per month, which shall be due on the first day of the month following the month when construction begins and then regularly thereafter on first of each month thereafter. The License fee shall be payable to the City of Ukiah and must be received by the City Finance Department located at 300 Seminary Ave., Ukiah, CA. 95482, by 4 p.m. on the first day of the month. Fees not received by the 10th day following that date and time shall be considered delinquent. Delinquent License fees shall be subject to a late fee of $100 and interest on the unpaid balance, including unpaid late fees, of 1.5% until paid in full, or the maximum rate of interest allowed by law, whichever is less. (g) Adjusted License Fee. On every one (1) year anniversary of the date the License fee was first due under subsection 2(f), the License fee shall be increased by five percent (5 %). (h) Possession of Premises. Licensee shall not be entitled to take possession of the Premises and commence work to construct the Improvements unless Licensee has paid all fees then due. (i) Utilities. Licensee shall solely and independently be responsible for all EdgeLICENSES- 14CouncilClean May 14, 2001 costs of providing utilities to the Premises, including the separate metering, billing, and payment of utility services consumed by Licensee's operations. (j) Property_ Taxes. (i) Licensee shall pay the personal property taxes levied against the Improvements and the real estate taxes levied against the land underlying the Premises, if any. If the classification of the land for tax purposes changes as a result of Licensee's commercial use, then Licensee shall be responsible for increases attributable to such commercial use. (ii) The licensed premises is exempt from real and personal property taxes as City owned property. Licensee shall be solely responsible for any personal property or possessory interest taxes resulting from its use of the license of premises during this license agreement. (k) Maintenance and Repairs. Licensee shall maintain the Improvements in good repair and working order, shall prevent the Improvements from deteriorating and shall promptly make repairs to the Improvements, when necessary to maintain them in good repair and working order, and may at its own expense alter or modify the Improvements to suit its needs consistent with the intended use of the Premises and provided, such modifications do not interfere with the City's communication facilities located on the tower or in the equipment shelter, nor with the City's usc of the Licensed premises and surrounding property. Licensee shall not be responsible for maintenance of the City's communication facil'ities located on the Premises, except any such repairs made necessary by Licensee's activities on the licensed Premises. (1) Non-Interference. (i) Licensee agrees to install equipment of types and frequencies which will not cause interference to the currently existing communications equipment of the City. In the event Licensee's equipment causes such interference, Licensee shall cooperate with City in determining the source and will immediately take all steps necessary to correct and eliminate the interference. If said interference cannot be eliminated within forty-eight (48) hours after receipt of notice from City to Licensee of the existence of such interference and City has determined Licensee's equipment to be the source of said interference, Licensee shall discontinue use of the equipment creating said interference. Licensee shall shut down the interfering equipment except for intermittent operation for the purpose of testing after performing any maintenance, repair, modification, replacement or other action for the purpose of correcting such interference. If such interference is not corrected within thirty (30) days after receipt of the aforesaid notice, Licensee shall remove the interfering equipment from the Premises. In the event that the cause of such interference cannot be pinpointed to a particular piece of equipment or system, Licensee shall disconnect the electric power and shut down all of its equipment until such time as the interference problem is corrected. If such interference is not corrected within thirty (30) days after receipt of the aforesaid notice, Licensee shall remove its equipment from the premises EdgeLICENSES- 14CouncilCle, an May 14, 20OI within an additional ten (10) day period. The Agreement shall then terminate without further obligations then owing or past-due and except as may otherwise be specifically enumerated herein. City shall not be liable to Licensee for any interruption of service of Licensee or for interference with the operation of Licensee's equipment. Notwithstanding the foregoing, in the event that said interference interferes with City's own equipment and in City's sole judgment, said interference jeopardizes the safe operation of City's operations, Licensee will be responsible for eliminating the interference within twenty- four (24) hours, upon becoming aware of such interference. City reserves the fight to disconnect power to the interfering equipment if Licensee is unable to eliminate said interference within twenty-four (24) hours of said notification. Licensee has satisfied itself and hereby represents and warrants to City that no such interference shall result to the currently existing systems of City. Licensee agrees to indemnify, hold harmless and defend City against any claim or damage, including reasonable attorney's fees, arising out of such interference. Licensee shall be responsible for performing all engineering studies to ensure that the placement of its equipment at the Licensed Premises will not cause interference with any existing equipment or equipment the parties contemplate the City to install on the tower, the equipment shelter ox which uses or relies upon those facilities. If any future equipment installed by Licensee or its sub-licensees interferes with the City's communications, the City's needs shall prevail over any conflicting needs of Licensee or its sub-licensees and they shall be required to modify or remove their interfering equipment. (ii) Licensee shall not use the Premises in any other way which interferes with the use of the Premises by City, the provision of services to City's customers, or the use of the Premises by other tenants or licensees of City. Similarly, except as otherwise specifically provided in subsection 2.1(i), City shall not use, nor shall invitees or agents to use any portion of City's interferes with the operations of Licensee. Such by the interfering party who shall, upon written terminating such interference. In the event any City permit its tenants, licensees, employees, real property in any way which unreasonably interference shall be deemed a material breach notice from the other party, be responsible for such interference does not cease promptly, the parties acknowledge that continuing interference may cause irreparable injury and, therefore, the injured party's exclusive remedy shall be the right to bring an action to enjoin such interference and/or to terminate this License Agreement. (m) Mutual Indemnification. Licensee shall indemnify and hold City harmless from and against any loss, damage, or injury caused by, or on behalf of, or through the fault of the Licensee, or in any way resulting from Licensee's presence upon City's lands. City shall indemnify and hold Licensee harmless from and against any loss, damage, or injury caused by, or on behalf of, or through the fault of the City. Nothing in this Article shall require a party to indemnify the other party against such other party's own willful or negligent misconduct. EdgaLICENSES- 14Coun¢iICl~an May 14, 2001 (n) Insurance. Licensee shall comply with the Insurance Requirements set forth in the attached Exhibit C which is incorporated herein by this reference. (o) Opportuni_ty to Cure Non-Monetary Defaults. Except as otherwise provided in 2.1(i), if City or Licensee fails to comply with any non-monetary provision of this License Agreement which the other party claims to be a default hereof, the party making such claim shall serve written notice of such default upon the defaulting party, whereupon a grace period of thirty (30) days shall commence to run during which the defaulting party shall undertake and diligently pursue a cure of the default. Such grace period shall automatically be extended for an additional thirty (30) days, provided the defaulting party makes a good faith showing that efforts toward a cure are continuing. 3. Transferability of Licensee's Interest. Licensee's interest under this License Agreement may only be assigned in connection with the transfer of Licensee's FCC authorization to operate a communicatigns facility at the Site and with the City's prior written consent, which consent shall not be unreasonably withheld. 4. Sublicensing. Upon giving City fourteen (14) days' prior written notice, and with City's consent which consent shall not be unreasonably withheld, Licensee may procure co- licensees to the use of the tower, building, and ground space upon the Premises. City shall agree to license said co-licensees to use the Premises under terms which are consistent with the terms of this Agreement and Licensee shall be entitled to a fee from City equal to fifty percent (50%) of the license fees collected from any such co-licensees. 5. Execution of Other Instruments. City agrees to execute, acknowledge, and deliver to Licensee other instruments respecting the Premises, as Licensee or Licensee's lender may reasonably request from time to time, provided that m~y such instruments are in furtherance of, and do not substantially expand, Licensee's rights and privileges herein established. Such instruments may include a memorandum of License Agreement which may be recorded in the county land records. City also agrees to reasonably cooperate with Licensee's efforts to obtain all private and public consents related to Licensee's use of the Premises, as long as City is not expected to bear the financial burden of any such efforts. 6. Quiet Enjoyment. City covenants that Licensee shall have quiet and peaceable possession of the Premises throughout the License Agreement term as the same may be extended, and that City will not intentionally disturb Licensee's enjoyment thereof as long as Licensee is not in default under this License Agreement. 7. Subordination. Licensee agrees to subordinate this License Agreement to any mortgage or trust deed which may hereafter be placed on the Premises, provided such mortgagee or trustee thereunder shall ensure to Licensee the right to possession of the Premises and other rights granted to Licensee herein so long as Licensee is not in default beyond any applicable grace or cure period, such assurance to be in form reasonably satisfactory to Licensee. If EdgeLICENSES- ! 4CouneilClean May 14, 2001 requested by Licensee, City agrees to use City's best efforts to assist Licensee in obtaining from any holder of a security interest in the land underlying the Premises a non-disturbance agreement or attornment agreement in form reasonably satisfactory to Licensee. 8. Binding Effect. All of the covenants, conditions, and provisions of this License Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective permitted successors and assigns. 9. Entire Agreement. This License Agreement constitutes the entire agreement between the parties and supersedes any prior understandings or oral or written agreements between the parties respecting the within subject matter. 10 Modifications. This License Agreement may not be modified, except in writing signed by the party against whom such modification is sought to be enforced. 11. Notices. All notices requ!red or desired to be given under this License Agreement shall be in writing and dispatched by certified mail or commercial courier to the party to be served at its address as follows: If to City: City of Ukiah Attention City Manager 300 Seminary Road Ukiah, CA 95482 If to Licensee: EDGE WIRELESS, LCC Attn: Sr. Real Estate Manager 600 S.W Columbia, Suite 7200 Bend, OR 97702 or at such other address as such party may previously have advised the other party by notice similarly given. IN WITNESS WHEREOF, the parties hereto bind themselves to this License Agreement as of the Effective Date. CITY: LICENSEE: The City ofbkiah Edge Wireless, LLC Ed$¢LICENS£$- 14CouncilClean May 14, 2001 By: By: Primed: Primed: Title: Title: STATE OF CALIFORNIA COUNTY OF ) ) ss ) On ., before me, ., Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature STATE OF CALIFORNIA COUNTY OF ) ) ss ) On , before me, ., Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature EdgeLICENSES- 14CouncilClean M~y 14, 2001 EXHIBIT "B" A SITE PLAN SKETCH COMPLETED BY AN ENGINEERING FIRM WILL BE PROVIDED BY THE LICENSEE AND ATTACHED PRIOR TO EXECUTION. EdgeLIC£NSES- 14Coun¢ilClean May 14, 2001 AGENDA SUI~IMARY lib ITEM NO. DATE: ]UNE 6, 2001 REPORT SUB.1EC ~: ANNUAL REVIEW AND COMMENT ON PROPOSED MENDOCINO SOLID WASTE MANAGEMENT AUTHORITY 2001-02 FISCAL YEAR BUDGET Submitted for the City Council's review and comment is the Annual Report and proposed 2001-02 Fiscal Year Budget for Mendocino Solid Waste Management (MSWMA), which was tentatively approved by the MSWMA Board on April 25, 2001. After review by each of the members of the .loint Powers Agreement, the MSWMA Board of Directors will take action for final adoption of the Budget. As in the past, no monies are being requested from the ]PA members' General Funds to augment the activities of MSWMA, however, the member jurisdictions may wish to comment on particular programs contained in the budget, as well as the level of funding appropriated to the various programs. The main funding source for MSWMA is a $4.50 per ton surcharge on solid waste disposal, which will continue at the same rate after the Transfer Station is completed. Other sources of revenue include grant funding, which in past years has been secured to help fund a large portion of the HazMobile capital costs. City staff finds no concerns with MSWMA's 2001-02 budget, and requests Council's review and approval to forward concurrence with its content to the MSWMA Board of Directors. Mike Sweeney, General Manager of MSWMA, will be available at the meeting to answer any (Continued on Page 2) RECOMMENDED ACtiON: Consider MSWMA's 2001-02 budget and direct comments to MSWMA Board of Directors. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: 1. 2. N/A Michael Sweeney, General Manager of MSWMA Candace Horsley, City Manager Rick Seanor, Deputy Director of Public Works MSWMA Annual Report and 2001-02 Fiscal Year Budget. May 23, 2001 news article relative to Award APPROVEDt _(~/~'/5~ _~ 4:Can:Asr~4sw.^.6o?ndace Horsley, City l~anager questions Council may have. Councilmember Larson may have additional information, as well, since he is a member of the MSWMA Board. Staff would also like to take this opportunity to congratulate Mike Sweeney and MSWMA on the recent Outstand/ng Rura/ Househo/d Hazardous Waste Program /Iwardthey received from the State of California. The competition is sponsored by Cal/EPA's Department of Toxic Substances Control and the Integrated Waste Management Board. They noted the local program has been one of the state's leaders in handling difficult hazardous items like fluorescent light tubes, electronics and aerosol cans. City staff is especially appreciative of MSWMA's efforts relating to electronics. It started the program two years ago, so when the state banned televisions and monitors from landfills earlier this year, MSWMA was up and running and it made for a smooth and efficient transition. The General Manager is also to be commended for his successful grant activities. 8 - WEDNESDAY, MAY 23, 2001 Local HazMobile gets state award Named 'Outstanding Rural Household Hazardous Waste Program' The Daily Journal The "HazMobile" service of the Mendocino Solid Waste Management Au. thority has teceived the state of California's award as the Outstanding Rural Household Hazardous Waste Program. The award was presented May 17 by State Department of Toxic Substances Control Director Ed Lowry at the annual Cal/EPA Household Hazardous Waste Conference in Tahoe City, which was attended by over 300 profes-. sionals in hazardous waste management. HazMobile manager Mike Sweeney was present to receive the award. It was one of several com- petitive awards presented to local government entities for excellence in different aspects of household hazardous waste service. "Your efforts are pay- ing off," Lowry told the con- ference. "Your dedication and programs have resulted in less waste going to landfills and storm drains." The conference and the statewide awards competition are sponsored by Cal/EPA's Department of Toxic Substances Control (DTSC) and the Integrated Waste Management Board (IWMB). In honoring the HazMobile, the state noted that the program has grown from serving 3,819 customers in 1997 to 5,324 in 2000, and offe~'s 92 collection days per year throughout .Mendocino and Lake counties. The HazMobile has been one of the state's leaders in handling difficult hazardous items like fluorescent light tubes, elec- tronics and aerosol cans. The program has als6 rapidly expanded its service to small businesses, which is especial- Especially noted by the state is the challenge of elec- tronics recycling, now that televisions and monitors have been banned from the landfills due to their hazardous materi- als. The HazMobile was the first household' hazardous waste pi'ogram in California to add electronics to its regu- .lax collections, and presented its experience to the confer- ence at a workshop on May 16. Another hallmark of the HazMobile's service is on-site recycling of latex paint, with more than 35,000 gallons given away free-to the public since the HazMobile started in 1996. The HazMobile started col- lections in 1996. It is owned and operated by the Mendocino. SOlid Waste Management Authority, a joint powers agency formed by the County of Mendocino and the cities of Ukiah, Fort Bragg and Willits. Lake County is served under con- tract. The' authority is governed by a board of directors con- sisting of Bruce Burton of Willits (chairman), Michele White of Fort Bragg, Eric Larson of Ukiah, David Colfax of the COunty of Mendocino, and Michael Delbar of the County of Mendocino. The' schedule~ of HazMobile collections is available on the Authority'.s toll-free Recycling Hotline at 800-246-3939, or on its Web site at www. mendoRecycle.org. Although the HazMobile is primarily supported by local funding, grant support has been provided by the California Integrated Waste Mendocino Solid Waste Management Authority Annual Report / Budget Review May, 2001 In March, 2001, the state banned televisions and monitors from the landfills. MS WMA was ready with our electronics recycling program, which began two years earlier. MSWMA's HazMobile was the first household hazardous waste program in the state to add electronics to the list of items collected. 30°.4 post-consumer re~vcled paper HazMobile In 2001, the HazMobile household hazardous waste collection team will hold mobile collections on 51 days in Mendocino County at 10 locations, and another 24 days in Lake County at 8 locations. Beginning in October~ 2000. the llazMobile is also collecting hazardous waste by appointment on every Tuesday at our newly-enlarged base thcility in south Ukiah. This has greatly improved our service to households and small businesses. HazMobile participation continues to grow every year--by 17% in 2000. Technician Scott Anderson unloading customer vehicle at Ukiah base.facility. c CTION Mobile collection vehicle serves 18 locations throughout Mendocino & Lake Counties. MSWMA annual report - page 2 Number of vehicles 6000 50OO 4000 3000 2000 1000 HazMobile participation 96-97 97-98 98-99 99-00 Year Pounds of hazardous waste collected by HazMobile 300,000 250,000 200,000 150,000 100,000 50,000 O, 96-97 97-98 98-99 99-00 Year MSWMA annual report - page 3 200 180 160 140 120 1 O0 80 60 40 2O 0 Business & agency hazardous waste transactions with · HazMobile 97-98 98-99 99-00 00-01 Year Household appliances serviced by HazMobile technicians 2500 2OOO 1500 IOO0 5OO 0 1998 1999 2OOO Year MSWMA annual report - page 4 Business hazardous waste service Every year, more businesses find out that the HazMobile provides cost-effective hazardous waste disposal. State law allows our program to serve "small quantity generators," including non-profits and other government agencies. A pass-through fee is collected to offset the HazMobile's disposal costs. Latex paint recycling More than 35,000 gallons of latex paint has been recycled by HazMobile and given away to the public since 1996. Empty plastic buckets are donated by Mrs. Dennson's Cookies in Ukiah. Appliance hazardous waste service To reduce fees to the public, MSWMA provides free removal of refrigerants and oil from appliances at all disposal sites in Mendocino County. This has caused a noticeable drop in the illegal dumping of rethgerators. Grant funding MSWMA has secured ongoing grant funding from the State of California for used oil recycling, beverage container recycling, free tire disposal, and large-scale illegal dump cleanups. In past years, state grants have been secured for a large portion of HazMobile capital costs. MSWMA annual report - page 5 Illegal dump cleanup MS WMA respond~ to all roadside dumping complaints throughout Mendocino County. We also reimburse dump tees for volunteer cleanup activities, post "No Dumping" signs, and plan large-scale cleanup work using state grant funding. MSWMA also coordinates the annual Calitbrnia Coastal Cleanup Day in Mendocino County, mobilizing more than 300 volunteers to clean up all the beaches. Without constant ef/brt, illegal dumping will engulf the county. Illegal dump cleanups by MSWMA 250 2OO 150 100 50 1999 2000 Year Recycling,promotion To help the jurisdictions meet the 50% recycling mandate of AB 939, MSWMA canvasses throughout the county to promote waste diversion. On-site consulting at businesses, apartment complexes, schools and agencies is provided to help the public take advantage of recycling services. MSWMA participated in the successful introduction of commingled recycling collection in Willits in late 2000. Since 1995, MS WMA has sold backyard composting bins at cost in cooperation with the ti'anchised waste haulers. MSWMA publishes the annual Recycling Guide and maintains the toll- tree Recycling Hotline and the internet site, www.mendoRecycle.org. MSWM,4 recycling specialist Linda Cushman shows apartment owner Dan Craighead the new commingled recycling cart. AB 939 Reporting & Monitoring MSWMA prepares the quarterly disposal reports for Mendocino County, the annual reports on AB 939 progress tbr each jurisdiction, and other state-mandated documents required by the California Integrated Waste Management Board. MSWMA prepared the entire County Integrated Waste Management Plan in-house, and will be prepared to carry out the mandated review and update for submission to the state. Electronics Recycling With the state ban on televisions from landfills in March, 2001, MSWMA's electronics recycling program accelerated. In addition to collecting electronics at all HazMobile collections, we are establishing drop-off points at disposal sites. MSWMA annual report - page 7 HazMobi!e Facility Relocation Notice has been given to MSWMA that the HazMobile base thcility at 298A Plant Road must be relocated. The site was originally leased from the City of Ukiah in 1995. The thcilitv was built using funds from three state grants, supplemented by MSWMA's own fur~ds. In 2000, the County of Mendocino obtained an option from the City of Ukiah to take possession of the HazMobile site when MSWMA's current lease expires in 2005. The County wants to have the land available for possible future expansion of the Animal Shelter. On February 13, 2001, the County of Mendocino gave notice that it will exercise its option. The notice was made earlier than required, "in an effort to provide as much time as possible tbr the Mendocino Solid Waste Management Authority, and its member agencies, to review alternatives tbr the uninterrupted service of household hazardous waste disposal." On February 25,2001, the MSWMA Board authorized the start of a search for a new HazMobile site. To help pay the cost of a new site, MSWMA has retained the proceeds from the sale of its [brmer property at 3401 N. State Street in a reserve fund. As of April 1,2001, the balance of the reserve fund was $349,801. MSWMA annual report - page 8 Staffing MSWMA has four full-time employees: a General Manager, and three Hazardous Waste Technicians. There is no clerical or accounting staff. MSWMA funds are deposited with the Treasurer of the County of Mendocino. MSWMA also employs two part-time recycling specialists. Governance MSWMA is governed by a Board of Directors consisting of two County Supervisors and one councilmember from each city. Current Board members are: Bruce Burton, City of Willits (Chairman) Michele White, City of Fort Bragg (Vice-Chair) Eric Larson, City ofUkiah David Colfax, County of Mendocino Michael Delbar, County of Mendocino Revenue The core fimding for MSWMA is a surcharge on solid waste disposal. This was set at $6 per ton in 1992, and has been reduced three times since then, to its present level of $4.50 per ton. When adjusted for inflation, the surcharge has declined even more--to a current value of $3.85 in 1993 dollars (see chart). The surcharge is supplemented by state grants and fees charged for hazardous waste service. No funding is provided by General Fund allocations by the member jurisdictions. For the 2001-2002 fiscal year, MSWMA anticipates a decline in revenue, due primarily to the completion of the state HHW grant, which paid $41,283 toward a facility expansion in 2000. MSWMA annual report - page 9 MSWMA surcharge in current-year dollars: 1992-98: $6/ton 1998:$5.50 1999:$5.00 2000:$4.50 MSMWA surcharge per ton, 1993 dollars (deflated with California CPI) 1993 1994 1995 1996 1997 1998 1999 2000 Year 2001-2002 Budget: Revenue Actual results Tentative 12 months 01-02 Budget ending approved by April 16, 2001 MSWMA Board Ap~l 25, 2001 REVENUES Household Hazardous Waste Grant 41,283 Used Oil Block Grant 33,2101 71,000 Recycling Blocl< Grant (SB 332) 32,596 32,596 Faro, & Ranch Cleanup Grant 10,000 HHW Service (Lake County, small biz) 70,312 77,000 Inter est 21,956 32,000 Eie(,-bonics Recycling Fees 623 2,500' Revenue, misc. 2,574 1,500 salesl compost bin 1,950 3,360 ~urcharge 262,046 245,'000 'i-~'e Recycling Grant 5,184 5,200 Transfer f~om Det)t Service Reserve 22,800 TOTAL REVENUES 494,534 480,156 MSWMA annual report - page 10 2 001-2 002 Budget: Expenditures Actual results Tentative 12 months 01-02 Budget ending approved by April 16, 2001 MSWMA Board April 25, 2001 EXPENDITURES ,, Advertising 4,709 5,000 Audit 2,900 3,000 Compost bin purchases 3,360 3,360 Debt service (3401 N. State Street) 27,113 E~ectric~j ' '314 350 Eiecl]'onics R~cycling Costs ' 2,500 Fuel 4,646 7,000 Health insurance 8,204 11,232' HHW disposal 67,525 70,000 , HHW facility improvement 50,762 HHW supplies 10,185 11,000 Illegal dump cleanup 'f~s & costs 1,406 ' 12,000 Liability insurance 7,396 9,000 Miscellaneous 1,096 1,000 Office supp, es 3,229 3,2b0" Oil grant expenditures, geher~U 20,714 " 33,600 Oil recycling tank acquisition 11,051 , , Payroll expenses, oil grant 12,608 37,400 Payroll expenses, regular 169,263 155,300 Postage 978 1,200 Priming 9,962 5,000 Recycling Block Grant expenditures 3,261 32,596 Rent ' 3,875 4,000 , Sales tax 150 150 Spanish-language outreach contract 12,000 Telephone ' 7,148 7,200' Tire Grant expenditures 8,711 7,000 Training fees ,, 2,228 , 2,300, Transfer to del3reciation fund 0 9,000 Transfer interest to reserve fund 0 16,000 Trash disposal 748 1,000 Vehicle maintenance 4,245 5,000 , Vehicle mileage 4,666 4,700 Workers comDensation insurance 7,008 8,912'" TOTAL EXPENDITURES 459,461 481,000 'suRPLUS OR DEFICIT '35,073 (844) , MSWMA annual report - page l I DATE: June 6, 2001 AGENDA SUMARY REPORT SUBJECT: ADOPT RESOLUTION DECLARING INTENT TO ANNEX TWO PARCELS OF LAND OWNED BY THE CITY SUMMARY: The City owns two parcels of land that are currently situated outside the City limits. One of the parcels was purchased in the mid 1980's, and is adjacent to the sewer treatment plant It has been developed with a percolation/evaporation pond for many years and is an integral component of the City wastewater treatment facility. The second parcel was purchased in 1999 and is adjacent to the southwestern end of the airport. The parcel is currently vacant, but a proposal is being advanced to lease the land and develop it with airplane hangers. The two parcels are adjacent to City limits, intended for long-term public facility use, and can be adequately served by City utilities and all other public services. Accordingly, it is logical and reasonable to annex these parcels into the City limits. Unfortunately, the staff at the Local Agency Formation Commission (LAFCO) have indicated that under normal circumstances, the City would have to have an updated Master Services Element Plan (MSE) prior to annexing property into the City limits. However, because these two parcels are owned by the City, intended for sewer treatment plant and airport use, and can be readily served by City public services, the City may be able to proceed without an updated MSE. In addition, as the Council knows, staff will be preparing the MSE later this year when we propose to amend our current Sphere of Influence as directed by the General Plan. Adoption of the Resolution declaring our intent to annex the parcels and prepare the MSE with our Sphere of Influence amendment application will assist the LAFCO in making a determination regarding the City's ability to proceed with annexation at this time. RECOMMENDED ACTION: Adopt Resolution declaring intent to annex two parcels of land into the City limits, and to prepare a Master Services Element (Plan) for LAFCO consideration when we propose to amend our Sphere of Influence later this year. ALTERNATIVE COUNCIL ACTION: Do not adopt the Resolution and provide direction to staff. Citizen's Advised: LAFCO staff Requested by: Charley Stump, Director of Planning and Community Development Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager and David Rapport, City Attorney Attachments: 1) Resolution for Adoption 2) Map Depicting Parcel Locations Candace Horsley, City er RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING INTENT TO ANNEX TWO PARCELS OF LAND OWNED BY THE CITY WHEREAS, in 1985, the City of Ukiah purchased Assessor's Parcel No. 184-100-04, a 10.52 acre parcel north of and adjacent to the City Wastewater Treatment Plant; and WHEREAS, APN 184-100-04 is developed with a settling pond and is an integral part of the wastewater treatment plant; and WHEREAS, in 1999, the City of Ukiah purchased Assessor's Parcel No. 003-330-66, a 1.94 acre parcel southwest of and adjacent to the Ukiah Municipal Airport; and WHEREAS, the City intends to lease APN 003-330-66 for the construction of airplane hangers, and the parcel will become an integral part of the Ukiah Airport and; WHEREAS, the City Council has determined that because these two City-owned parcels are adjacent to City incorporated land, and are or will be used as public facility property, they logically belong in the City limits; and WHEREAS, the City Council has determined that these parcels are currently or can be efficiently and adequately served by City public services with no need for additional staff or expansion of facilities or services, and therefore a request is being made to Local Agency Formation Commission to allow the City to move forward prior to updating or preparing a Master Services Element with the understanding that one will be prepared when the City makes application to LAFCO to amend (reduce) its current Sphere of Influence as directed by the Ukiah General Plan; and RESOLUTION NO. Page 1 of 2 WHEREAS, approval of the annexation would bring the property under control of the City, which by law already controls its development because the City is exempt from the Mendocino County development project review process. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Ukiah hereby declares its intent to annex APN's 003-330-66 and 184-100-04 into the City limits, and to prepare a Master Services Element Plan at a later date when the City pursues an amendment (reduction) to its current Sphere of Influence. PASSED AND ADOPTED on this 6th day of June, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Philip Ashiku, Mayor ATTEST: Marie Ulvila, City Clerk RESOLUTION NO. Page 2 OF 2 [fJ ?HE AnEA OF [IOWNTOWN] I[II<IAH STRFETS ARE OESIG-! ITHEm CnO~S~G OF STATE ST I lUORTH OR 5OUTH fROM THEIRI [CROSS~r4G Or PERKIIJS ST J I L RIVERSIDE PARK MUNICIPAL CITY OF UKIAH lld Item No. Date: June 6, 2001 AGENDA SUMMARY REPORT SUBJECT: NOTIFICATION TO COUNCIL OF ACTION TAKEN BY THE NORTHERN CALIFORNIA POWER AGENCY COMMISSION TO AUTHORIZE AN EVALUATION OF NEW GENERATION RESOURCES AND UKIAH'S COMMITMENT TO PARTICIPATE Northern California Power Agency (NCPA) staff conducted a load growth survey ot the members and determined there is a need for an additional 300 Mw of generation resources by 2004. As a result, the Northern California Power Agency Commission, at its scheduled meeting in April, authorized the staff of NCPA to begin an evaluation to determine alternatives for new generation resources. The cost of this evaluation will be $500,000. Since it is expected that the City of Ukiah will require an estimated 6 to 8 Mws of additional generation resources in the 2004-2005 timeframe, our Commissioner (Mayor Ashiku) authorized the City of Ukiah's participation in the evaluation. For those cities participating in the evaluation, the cost of the study will be shared based on percentage of peak load requirement. Since the City's peak load requirement is approximately 3% of the NCPA peak, our share of the evaluation will be approximately $15,000. Cost will be paid out of Phase II project funds held at NCPA. Since the City of Ukiah does not currently have Phase II funds on hand, the City will be billed quarterly through our member assessment fees. The City of Ukiah's Utility Director has been asked to serve as a member of the evaluation team and will participate, unless otherwise instructed. RECOMMENDED ACTION: Receive Notification of Action Taken by the Commission of the Northern California Power Agency to Authorize an Evaluation of New Generation Resources and Ukiah's Commitment to Participate. ALTERNATIVE COUNCIL POLICY OPTIONS: Direct staff as to Alternative. Citizen Advised: N/A Prepared by: Darryl L. Barnes, Director of Public Utilities Coordinated with: Candace Horsley, City Manager Attachment: None APPROVED:'_-~';:.-~.-~~ Candace Horsley, Ci~'y rv~nager ITEM NO. 1 :[e MEETING DATE:June 6, 2001 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION OF ORDINANCE REQUIRING INSPECTION OF SEVVER LINES DURING REAL ESTATE TRANSACTIONS SUMMARY: This item is for Council discussion. No action will be taken until further Council direction is given. The City Council requested the City Attorney to prepare an ordinance which would require certification when property sells that the property is properly connected to the City's sewer system and that storm water on the property is not being diverted into the City's sewer system. As requested by the City Council, attached is a DRAFT ordinance adding a new Article 18 to Chapter 2, Division 4 of the Ukiah City Code. Chapter 2, Division 4 contains all of the City Code provisions governing sewage disposal and the City's sewer system. The new Article 18 is entitled CERTIFICATION OF COMPLIANCE. It contains six sections. Section 3799.1 contains definitions of terms used in the ordinance, including definitions of "covered real property," "covered person," and "real property transaction." Under Section 3799.3 a certification must be filed with the City before the transaction is completed, whenever "covered property" is involved in a "real property transaction." The term "covered real property" includes any real property containing structures which are required to be connected to the City's sewer system. A "real property transaction" is any transaction involving real property in which ownership of the real property will change or a (Continued to page 2) RECOMMENDED ACTION: Discuss ordinance and direct staff as to how the Council wishes to proceed. ALTERNATIVE COUNCIL POLICY OPTIONS: Revise ordinance. Distribute draft ordinance to Realtors, title companies and other affected parties for further public comment before taking action on ordinance. Requested by: Prepared by: Coordinated with: Attachment: City Council David J. Rapport, City Attorney Candace Horsley, City Manager Draft Ordinance Adding Article 18, Chapter 2, Division 4 to Ukiah City Code Approved', ~. [ /,, Candace Horsley, ~ty Manager 4:Can:ASRSewer.601 [Continued from Summary, page 1] legal or equitable interest in the property will be acquired or transferred, including, but not limited to, a sale, a purchase, a conveyance, or a secured financing or refinancing. The content of the certification is spelled out in Section 3799.3 and must be prepared by a licensed general contractor, plumber or plumbing contractor. If for some reason it is not possible to obtain before the transaction is completed a certification that the property complies with the City's sewer regulations and that no storm water on the property is discharged to the City's sewer system, the person who will own the property when the transaction is completed may sign an agreement acceptable to the City to make any necessary corrections or repairs instead of filing the certification. (Section 3799.4.) Under Section 3799.2, it is unlawful for a "covered person" to participate in a real property transaction involving covered real property without compliance with Section 3799.3 or 3799.4. A "covered person" includes any realtor, title company or seller of real property. Any violation of the ordinance by a "covered person" is punishable as a misdemeanor. In addition, the City Attorney is authorized to bring a legal action against a violator in which the Court is empowered to impose a civil penalty of $5,000 for each violation. Finally, all of the enforcement provisions in Article 11 of Chapter 2 are made available to address a violation of the ordinance. These include declaring the violation a public nuisance and disconnecting the property from the sewer system. C:\WlNDOWS\Temporary Internet Files\OLK6225~SewerlNSPECTIONS1.doc June 1, 20012 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH, ADDING ARTICLE 18 TO CHAPTER 2 OF DIVISION 4 OF THE UKIAH CITY CODE, REQUIRING CERTIFICATION OF COMPLIANCE WITH SEWER REGULATIONS DURING REAL ESTATE TRANSACTIONS. The City Council of the City of Ukiah ordains as follows: SECTION 1. A new Article 18 is hereby added to Chapter 2, Division 4 of the Ukiah City Code to read as follows: ARTICLE 18. CERTIFICATION OF COMPLIANCE §3799.1: DEFINITIONS: As used in this Article, the following terms have the following meanings: A. "Covered person" means a real estate licensee, a title company, an escrow agent or a seller of real property. B. "Covered real property" means real property in the City of Ukiah which contains a single-family unit as defined in Section 3700.11, a multiple dwelling as defined in Section 3700.13 or other structure from which domestic sanitary sewage as defined in Section 3700.32 or industrial waste as defined in Section 3700.33 is or may be discharged. C. "Escrow Agent" means a person, other than a title company, that performs escrow services in connection with the sale or conveyance of real property in the State of California. D. "Person" means an individual, a partnership, a corporation, a limited liability company, an association, a company, and any other group or entity. E. "Real estate licensee" shall mean a person who has or is required by the California Business and Professions Code to have a license to engage in the business of acting as a broker or agent in connection with the purchase or sale of real property in the State of California. F. "Real estate transaction" means any transaction involving real property in which ownership of the real property will change or a legal or equitable interest in the property will be acquired or transferred, including, but not limited to, a sale, a purchase, a conveyance, or a secured financing or refinancing. G. "Title company" means a company that issues policies of title insurance and performs title, escrow and related services for a fee in connection with the sale or conveyance of real property in the State of California. C:\windows\TEMP\SewerlNSPECTIONS 1 .doc §3799.2: UNLAWFUL PARTICIPATION. It shall be unlawful and constitute a violation of this ordinance for a covered person to participate in a real estate transaction involving covered real property, unless prior to close of escrow, transfer of title, or other completion of the transaction a certification is filed pursuant to Section 3799.3 or an agreement is signed and filed pursuant to Section 3799.4. §3799.3: CERTIFICATION REQUIRED: Prior to close of escrow, transfer of title or other completion of the transaction in any real estate transaction involving covered real property, a certification signed by a licensed general contractor, plumber or plumbing contractor must be filed with the City of Ukiah containing substantially the following declaration under penalty of perjury: The undersigned is a licensed general contractor or licensed plumber or plumbing contractor. I have a current license in good standing issued by the State Contractor's Licensin~ Board. My license number is and the license expires on . I have reviewed and know the contents of Chapter 2 of Division 4 of the Ukiah City Code, governing sewers and sewage discharges in the City of Ukiah. I have inspected the sewer lines and storm water facilities on the property which is the subject of this transaction Based on that inspection I have determined the following: 1. All domestic sanitary sewage and/or industrial waste produced on the property is properly discharged to the City ofUkiah's sewer system in strict compliance with Chapter 2 of Division 4 of the Ukiah City Code; 2. All sewer laterals and connections on the property comply with the requirements in Division 4, Chapter 2 of the Ukiah City Code. 3. No storm water collected or channeled on the property is discharged to the City's sewer system and no pipes or conduits for the transport of storm water are connected to the City of Ukiah sewer system. §3799.4: AGREEMENT IN LIEU OF CERTIFICATION: If a certification as required by Section 3799.3 cannot be filed with the City of Ukiah prior to close of escrow, transfer of title or other completion of the transaction, it shall constitute a violation of this Article and be unlawful for escrow to close, title to transfer, or to otherwise complete the transaction, unless prior thereto, the party or parties who will own the property upon completion of the transaction have entered into an agreement, satisfactory to the City, to address and correct any conditions on the property that violate any provision in Division 4, Chapter 2 of the Ukiah City Code. Any such agreement may include a bond or other form of security, satisfactory to the City, to secure the buyer's compliance with the agreement. §3799.5: CITY MANAGER TO ADMINISTER ARTICLE: Pursuant to Section 3770, whenever a document must be filed with the City or the City's approval is required under the terms of this Article, "City" shall means the City Manager or his or her designee. C:\windows\TEMP\ScwerlNSPECTIONSI.doc §3799.6: PENALTIES AND ENFORCEMENT: A. Any violation of this Ordinance shall constitute a misdemeanor and shall be punishable by a fine of not more than $1,000 or by imprisonment in the County jail for not more than six months or both. B. The City Attorney is authorized to bring a civil action to enforce the requirements of this Ordinance which may include a civil penalty of $5,000 per violation against any covered person and injunctive relief.. C. The City shall have all of the remedies specified in Article 11 of this Chapter. SECTION 2. This ordinance shall be published as required by law and shall become effective 30 days after its adoption by the City Council. Introduced by title only on ., 2001, by the following roll call vote: AYES: NOES: ABSENT: Adopted on ,2001, by the following roll call vote: AYES: NOES: ABSENT: ATTEST: Phillip Ashiku, Mayor Marie Ulvila, City Clerk C:\windows\TEMP\SewerlNSPECTIONS 1 .doc ITEM NO. lz~a DATE: June 6, 2001 AGENDA SUMMARY REPORT SUBJECT: CLOSED SESSION- POLICE NEGOTIATIONS The Police Unit's contract will be in effect for another two years, but they have come to the City under the current contract to discuss 3% at 50 as a "reopener." I will be discussing the costs and impact of this enhanced PERS benefit with the Council in Closed Session. RECOMMENDED ACTION: Council provide direction to Labor Negotiator relative to Police Unit Negotiations ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine discussion of Police Unit request is not appropriate at this time. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Police Unit Candace Horsley, City Manager Melody Harris, Personnel Officer APPROVED:~~ 4:c~:^Sm,o,¢e.~o~ Candace Horsley, City ~nager MEMORANDUM DATE: June 1, 2001 TO: FROM: SUBJECT: Honorable Mayor Ashiku and City Councilmembers Candace Horsley, City Manager CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD MEETING - GOOD NEWS! City staff met with staff from the Regional Water Quality Control Board (RWQCB) on Wednesday to request the postponement of our Landfill closure agenda item that was to go before their Board on June 18. This item would have required the City of Ukiah to: 1) Close its Landfill by July 1; 2) complete all closure mitigations by May 2002, which is when we were going to begin the closure process due to wet winter conditions; and 3) construct a prescriptive cap on the Landfill. All of these actions would have been disastrous for us. After listening to our reasons for postponing this item, they agreed to take it off the agenda and they will be working directly with our consultant and staff to formulate a study to determine if an "engineered" versus "prescriptive" cap will be appropriate for the City of Ukiah Landfill. The importance to the City of this portion of our request is the additional cost of $500,000 to $2 million to provide Landfill soil cover that is currently already on site. I am very relieved that they were willing to work with us and remove the item from their agenda. We were prepared to discuss this with Wes Chesbro if RWQCB staff had not moved on their original course of action. RWQCB staff spent some time explaining several of the changes that have led to situations such as ours in California. Evidently, the Legislator's response to concerns about polluted beaches in Southern California, and to bay and estuary concerns, have stimulated a push for enforcement measures at the expense of working cooperatively with local jurisdictions. They revealed to us that under several new bills passed in the last two years by the State Legislators, there are minimum fines of $3,000 for very small violations. These fines are not tempered by the size of an agency. Therefore, a $3,000 minimum fine for San Francisco or L.A. is a drop in the bucket, but could wipe out the yearly budget for a Water District such as Happy Camp. After that law was passed and the Legislators realized they had created a problem, their response was to pass another law, which said that instead of the fine going to the state, it had to be used in repairing the problem. Again, for small entities this is always not the best solution. In addition, staff discussed the fact that the new laws have increased the number of lawsuits by the "green specialist" attorneys. There is a new trend in legal actions where lawyers search for permit violations in the RWQCB records and then slap a lawsuit on the city(ies) for the very violations that have already been reported. The cities, instead of wanting to spend a lot of money on litigation, settle with the law firm. Healdsburg settled for $50,000 and Fortuna is settling for $160,000. This allows more seed money for the law firm to continue to prepare more lawsuits. I understand that two new claims are being filed against Willits and Ft. Bragg. This is a very easy process for the attorneys and the returns are getting higher and higher. There is no substantial environmental benefit from these lawsuits as the violations have already been reported to the RWQCB and the remediations are on file with the Board. The only safe harbor for the cities is if the RWQCB prepares a time schedule for violation relief and during that time period no lawsuits can be filed. RWQCB staff also indicated that in the last two years, due to the enforcement priority directive that has been given, they have actually been given quotas for the number of permits, violations, and projects that have. to be completed during the year. This is one of the reasons that both our agenda items, as well as Ft. Bragg's and Willits', all appeared on the same agenda even though only one of the items had actually been completed. The result is less cooperation with the local agencies and an increase in huge disputes between the RWQCB staff and the local agencies, which causes even longer delays in completing these projects--the ultimate "Catch-22." To make it even more difficult, the Director who worked cooperatively with us at our meeting this week has turned in his resignation and will be leaving the RWQCB as of July 2001. I will continue to update the Council as we work through this process. CH:ky 4:Can:MCC318.601