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2001-05-16 Packet
SUBJECT: AGENDA_ ITEM NO: DATE: ~S_U_M M A R Y__ RE P~OOR T ADOPTION OF RESOLUTION APPROVING APPLICATION FOR DOWNTOWN REBOUND PROGRAM AND PRE-DEVELOPMENT GRANT FOR SEISMIC AND STRUCTURAL ASSESSMENT OF THE PALACE HOTEL SUMMARY: Staff received notice on May 15th of this end of the year funding opportunity from the State of California Department of Housing and Community Development as part of the Downtown Rebound Program. This grant will serve the interests of the business community and the citizens of Ukiah, in providing a seismic and structural assessment of the Palace Hotel. The study will help the cily craft a "blue-print" for the revitalization of the Palace Hotel based upon the hotels' seismic and structural integrity for live-work housing, and mix-use development in the downtown. This grant compliments the previous grant the city received earlier this year, which was aimed at researching what "adaptive reuses" the Palace Hotel could hope to enjoy, given its design, location and age. Seismic assessment will concentrate on identifying earthquake related deficiencies in the structure and the structural assessment will address what improvements may be necessary for the adaptive reuse of the existing commercial building. The study will concentrate on the presence of hazardous materials, such as asbestos, lead based paint, and the remediation of those material to make the Palace Hotel fit for habitation and development. No matching funds from the City are required for this grant, nor is the owner required to co-fund any part of the study. However, the owner is required to enter into an agreement with the city underscoring the owners' cooperation for the revitalization of the Palace Hotel, based upon the findings of the study. In addition, the owner must verify their continuing control of the Palace Hotel during the study period (one year minimum from the due date of the grant June 1, 2002). Staff is recommending applying for $15,000 for the seismic assessment and $15,000 for the structural assessment. RECOMMENDED ACTION: Adopt resolution approving application for Downtown Rebound Program Pre-Development Grant. ALTERNATIVE COUNCIL POLICY OPTIONS: Direct staff to pursue other options. Citizen Advised: N/A Requested by: Prepared by: Coordinated with: Attachments: N/A Albert T. Fierro, Assistant City Manager Candace Horsley, City Manager Resolution for adoption and agreement APPROVED: -~andace H~rsley, ~ity~M~nager RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING AN APPLICATION AND CONTRACT EXECUTION FOR FUNDING FROM THE DOWNTOWN REBOUND PROGRAM PREDEVELOPMENT GRANT AND IDENTIFICATION OF THE PALACE HOTEL, AND ITS OWNER AS THE "TARGET BUILDING" AND ''TARGET BUILDING OWNER," PARTNERING WITH THE CITY OF UKIAH TO PROCEED WITH AN ADAPTIVE RESUE STRATEGY WHEREAS, the City Of Ukiah is committed to increasing housing opportunities for its residents; and WHEREAS, adaptive reuse of downtown buildings is one mechanism for providing additional housing; and WHEREAS, the State of California has funds available for seismic and structural assessments of downtown buildings being converted for adaptive reuse in a program entitled Downtown Rebound Program Predevelopment Grant (DRPPG); and WHEREAS, at least one downtown Ukiah building has been identified for potential adaptive reuse; and WHEREAS, the owner has expressed interest in adaptive reuse; and WHEREAS, the City Of Ukiah wishes to apply for such funds; and THEREFORE, BE IT RESOLVED: by the City Council of the City of Ukiah as follows: SECTION 1' The City Of Ukiah has reviewed and hereby approves application for the State Downtown Rebound Program Predevelopment Grant (DRPP) for $30,0000. The funds will be for: 1. Seismic Assessment 2. Structural Assessment $15,000 $ 5,000 SECTION 2: If awarded the grant, the City Of Ukiah hereby agrees to proceed with an adaptive reuse strategy wherein the Palace Hotel, and its owner will be the ''Target Building" and ''Target Building Owner" accordingly. SECTION 3: The City Council hereby ratifies the attached agreement between the City Of Ukiah and owner of the building located at 295 North State Street to proceed with an adaptive reuse strategy for the building located at 295 North State Street. In this agreement the building owner indicates she has current and continuing site control of the properly located at 295 North State Street for the time at least until the date of June 1, 2002. SECTION 4: The Cily Manager or her designee is hereby authorized and directed to act on the City's behalf in all matters pertaining to this application including submittal of the application, execution of the grant amendment documents. Additionally, the City Manager or her designee shall be the parly responsible for implementing the grant, any procurement processes, grant administration and execution of all documents, including grant amendments. PASSED AND ADOPTED this 16 day of May 2001 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Phillip Ashiku, Mayor ATTEST: Marie Ulvila, City Clerk AGREEMENT BETWEEN CITY OF UKIAH AND ELADIA LAINES-GANULIN, PRESIDENT OF QUESTEX LTD. AS "OWNER OF THE PALACE HOTEL" This Agreement, between the City of Ukiah ("City") and Eladia Laines-Ganulin, President of QUESTEX LTD, Owner of the Palace Hotel, commits to the adaptive reuse of the Palace Hotel, converting at least 40% of the commercial structure to residential dwelling units, live-work units, or both. . . Owner certifies that she is the sole owner of the Palace Hotel, located at 295 North State Street in Ukiah, California, with full site control, current and ongoing. Owner certifies that the five-floor Palace Hotel is vacant above the first floor of the building. Constituting approximately 80% vacant space. Owner hereby commits to the adaptive reuse of the Palace Hotel, converting at least 40% of the commercial structure to residential dwelling units, live-work units, or both. . o o Owner commits to proceeding with the adaptive reuse as rapidly as funds are available. During the time of the seismic assessment funded by the Downtown Rebound Program Predevelopment Grant, the Owner will work with the City to identify an appropriate financing strategy for the adaptive reuse. Owner commits to participating with the City in the preparation, submission, and implementation of a Downtown Rebound Program Predevelopment Grant. Owner commits to full access to the Palace Hotel by City and City consultants to conduct the seismic assessment which is to be funded by the Downtown Rebound Program Predevelopment Grant. , Owner commits to working closely and cooperatively to develop a satisfactory financing strategy, and to obtain the necessary approvals for the adaptive reuse of the Palace Hotel. . The City will prepare and submit an application for a Downtown Rebound Program Predevelopment Grant, requesting funds for a Seismic Assessment of the Palace Hotel. The grant application will be submitted by June 1,2001 for the maximum amount available, $15,000. ' . In the event the grant is funded, the City will serve as the lead agency to implement the grant. The City will be responsible for procurement, fiscal compliance, oversight of the consultant performing the work, final product, and grant administration. 10. The City will work closely with the Owner to develop a financing strategy that will result in the timely adaptive reuse of the Palace Hotel, converting at least 40% of the structure to residential dwelling units, live-work units, or both. 11. The City will work closely with the Owner to proceed with the necessary planning and permit approvals once the Owner begins the process of converting the Palace Hotel for adaptive reuse. 12. The City is committed to the adaptive reuse of the Place Hotel in order to retain a major landmark and facility in the Downtown. 13. The City is committed to uses in the Downtown which include dwelling units and live work units. This Agreement is entered in to on the 16th day of May, 2001. "Owner of Palace Hotel" Candace Horsley City Manager City Of Ukiah Eladia Laines-Ganulin, President QUESTEX LTD. UKIAH REDEVELOPMENT AGENCY REGULAR MEETING CIVIC CENTER COUNCIL CHAMBERS 300 SEMINARY AVENUE May 16, 2001 8:00 P.M.* The Regular Meeting of the Ukiah Redevelopment Agency scheduled for 8:00* p.m. on May 16, 2001, has been canceled due to a lack of business. The next regularly scheduled meeting will be held June 20, 2001. *Or as soon as the meeting may be held in conjunction with the regularly scheduled City Council meeting ...... PROCLAMATION VVHEREAS, the ethnic populan'on of U]~'ah continues to become more diverse every year,, and Vv~I-IEREAS~ Ukiah 's varied communities appreciate the diversity ~4thin their own popuIationsj and VVHEREA S~ many people o f color (including African Americans, Chinese, Japanese, Latinos, l~ative Americans, andAslan/Pacific Islanders) make Uhiah their home! and Vv~IEREA S~ people of many reh'gious and spirituai beIiefs Iive and worh in Ukiah! and VVttEREAS~ lesbian, gay~ bisexual~ and transgendered people are ot~en invisible to their neighbors and friends~ and are subject to ~'scrimination and intolerance! and ~ItEI~EAS~ people ~vho are di~erentIy abled oben encounter prejudice and impatience! and V~-IEREA~ youth are often under-represented and disempo~vered,, and V~IEREA~ allpeopIes have experiencedsome hind of discrimination during their h'~etimes,, and VVHEREAS~ city-v~de events help to promote a stronger sense of cohesion amongst the citizens of Uhiah! and V~HEREAS, a celebration of diverslty in Uhlah is scheduled on Sunday, May 20~ 2001, NOV~, THEREFORE, L Philh'p Ashihu, Mayor of the City of Ukiah, on bchMf of m y fcllow City Councilmcmbers PhilBaldwin, Kad~ y Libby, Roy Smith, andE~ic Larson do herebyproclaim May 20~ 2001~ as Ut~AHAREA DIVERSITYA V~ARENESS DA Y urge all citizens to participate in Diversity Awareness Day acti~ties and ~'scuss diversity issues in appropriate venues, encourage businesses andgovernments to schedule future in- semice trainings relative to diversity issues, and request governments, businesses, organizations, and in di~duMs to support diversity education and activities in local schools an d corem unities. Philh'p Ashihu, Mayor PROC MAT!ON ALTERNATIVE TRANSPORTATION WEEK MAY 14-18, 2001 WHEREAS, the City of Ukiah is in the process of implementing its Bicycle and Pedestrian Master Plan; and WHEREAS, riding a bicycle or walking promotes a healthy mind and body and greatly reduces the anxieties of everyday life; and WHEREAS, the amount of air pollution, traffic congestion, and noise can greatly be reduced by riding a bicycle, walking, or riding an MTA bus rather than using a private automobile; and WHEREAS, the use of bicycles for transportation is steadily growing in Mendocino County; and WHEREAS, twelve bicycles can be parked in the space occupied by one car and each person riding a bicycle, walking, or riding an MTA bus for business in Ukiah will free up parking spaces for those who choose not to use alternative transportation; and WHEREAS, bicycles are the most energy efficient form of transportation in helping to reduce our society's dependence on oil and fossil fuels; and WHEREAS, bicycle transportation is an integral part of the "multi-modal" transportation system planned by federal, state, regional, and local transportation government agencies; and WHEREAS, the California Bicycle Coalition, the American Lung Association of California, and the California Department of Transportation (Caltrans) have worked cooperatively with many public and private groups and individuals to promote bicycle commuting; and WHEREAS, the month of May is "California Clean Air Month" as part of the American Lung Association of California's efforts to promote air quality and National Bike Month to promote the bicycle as a means of transportation and recreation. NOW, THEREFORE, I, Phillip Ashiku, Mayor of the City of Ukiah, on behalf of my fellow City Councilmembers Phil Baldwin, Kathy Libby, Roy Smith, and Eric Larson do hereby proclaim May 14-18, 2001, as ALTERNATIVE TRANSPORTATION WEEK in the City of Ukiah, and urge all who are able to take advantage of the benefits offered to those who ride a bicycle, walk, or ride an MTA bus to do so on this day and throughout the year. Date: Ma 16~_.~ . 3b PROCLAMATION WHEREAS, public access teIevision is an important ingredient to a thriving, interactive community~ especiaIIy in an area as geographicaIIy ~'spersed as Mendocino County; and Vv~I-IEREAS, an effectively functionlngpublic access television station can enhance the lives of community residents by making them more informed o£public events and enriching their Iives vWth locaI arts~ sports~ and educationa[ programming,, and WHEREAS, the majority of Mendocino County does not currentl7 have an effectiveIy functionlng pubIic access teIevision station; and WHEREAS, public access teIevision is a Icey component of most locaI government cable television franchise agreem en ts~. and WIIEREAS, cabIe t~evision franchisees are typicaIIy required to contribute in a meaningful way to the provision o£pubIic access teIevision in the communities theyserve as a condition of their franchise agreements. NOW, THEtlEFORE~ L Philh'p ~hiku, Mayor of the City of Ukiah, on behalf of m y £ellow City Councilmembers lVhiIBaIdv~n, Kathy Libby~ Roy Smith, andE~ic Larson do hereby support the concept o£ ha~ng an effectiveIy functioning public access teIevision station serving the City o£ Uhiah~ am ~villing to explore the feasibility of earmarIclng revenues for use in support of pubIic access teIevision i£needed to augment the funding proWded by ot~er governmental entities and the cable franchisee, and shaII endeavor to include conditions pertainin~ :o franchisee support for public access teIevision in the renewal agreement ~vith Adelphia CabIe that is currently being negotiated. Date~ Mag I~ 2001 Philh'p Ashiku, Mayor AGENDA SUMMARY ITEM NO. 4a DATE: May 16, 2001 REPORT SUBJECT: INTRODUCTION OF NEW EMPLOYEE - PEGGY YEE, RECEPTIONIST/TYPIST CLERK I am very pleased to introduce Peggy Yee to the City Council. Peggy was hired in April as the City's Receptionist to the Administrative Wing to fill the vacancy created when Kim Milani was promoted to Customer Service Representative. She is responsible for greeting customers, answering the switchboard, and maintaining contact with the crews in the field by radio. Peggy came to the City with excellent customer service and clerical experience that has made for a very smooth transition into her new position. She has a quiet, friendly, and efficient approach to greeting and assisting the public, as well as her coworkers, which is very much appreciated. Peggy has lived in Ukiah for the past 31/2 years, and has been working hard to get an Associate degree in Liberal Arts, has already completed 1! ! units towards a Bachelor's in Psychology, with a minor in English. She will be continuing her education at Sonoma State University. When Peggy is not working or going to school, she enjoys gardening, cross-stitch/crafts, and traveling with her husband, Adam, whom she met on the [nternet (another story, another time). Another activity Peggy enjoys is computer graphics and making computer art, and she is also currently editing a book for a Missouri writer. We want to thank the City Council for helping us to officially welcome Peggy into our City "family." RECOMMENDED ACTION: Council help us welcome Peggy Yee as a new member of the City of Ukiah staff. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Karen Yoast, Executive Assistant Candace Horsley, City Manager N/A APPROVED:,~ V'~ Candace Rorsley, (~ity 4/s,.,sR¥..~o~ ~ Manager ITEM NO. 4b MEETING DATE: May 16, 2001 AGENDA SUMMARY REPORT SUB.1ECT: CERTIFICATE OF HONORABLE MENTION TO CITY CLERK MARIE ULVILA The City submitted an "Award of Distinction Nomination Form" to the City Clerks Association of California on behalf of Marie Ulvila in February of this year. The basis for the nomination was Marie's excellent organizational skills and exemplary service record. We are pleased to announce that Marie has received a "Certificate of Honorable Mention" in recognition of her service to the City of Ukiah and the City Clerk's profession. RECOMMENDED ACTION: Council offer congratulations to City Clerk Marie Ulvila for her receipt of Honorable Mention from City Clerks Association of California. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizens Advised: Requested by: Prepared by: Attachment: 1. 2. N/A N/A Candace Horsley, City Manager "Certification of Honorable Mention" from CCAC "Award of Distinction Nomination Form" Candace Horsley, Ci~ 4:Can:ASRaerk.501 Manager ~ mmmm~ ~A~ CITY CLERKS ASSOCIATION OF CALIFORNIA ~£~ ~-~F£~A T£ OF HONOR/I ~L E 4,1EN 7'ZON Presented to MARIE ULVILA in recognition of service to the City of Ukioh, the City Clerk's profession, and the City Clerk's Association of California Dated this 19th day of April, 2001 ¢CA¢ President CCAC PRESIDENT'S 2001 AWARD OF DISTINCTION NOMINATION FORM 1. NAME OF NOMINEE: Marie Ulvila 2. CITY: City of Ukiah 3. TITLE: City Clerk 4. DESCRIPTION OF AREA OF EXPERTISE AND BASIS FOR NOMINATION: Marie Ulvila is an extremely organized and dedicated individual and she carried this trait into the City of Ukiah's recent election process. This past year the City of Ukiah had ballot measures, election of our Mayor, two Councilmembers, and the City Clerk, on the ballot. After many years of working with numerous City Clerks in the past, Marie has proven to be exemplary in providing "above and beyond" service during the complex election process. I welcome the opportunity to commend her for the extreme diligence in which she worked with the candidates, FPPC, and County offices, to ensure everyone was up to speed with the countless requirements and timelines involved. She also made sure everyone on staff was sensitive to the need of making the voting registration cards readily available for anyone visiting City Hall and providing clear direction on where individuals needed to take the cards to register. I find her efforts very commendable especially since she was also maintaining the routine functions of her position that, unfortunately, do not go away during the election process. During this same period of time she was also working with staff to update and adopt a new Record Retention Schedule, which had not been done since 1980, running for election to her position, and meeting the needs of the public and staff. Additionally, Marie is taking the time to expand on the City Clerk's handbook to include, for future City of Ukiah Clerks, the details of how her office runs so any future City Clerks can easily be brought up to speed. This, in itself, is an example of the organizational lengths that Marie goes to with any project she is working on. Thank you for providing the City with this vehicle to express to Marie our gratitude for her hard work and the diligent manner in which she carries out the duties of her position as the City of Ukiah's City Clerk. DATE: February 12, 2001 PERSON SUBMITTING NOMINATION: City Manager Candace Horsley AGENDA SUMMARY ITEM NO. DATE: May 16, 2001 REPORT SUBJECT: PRESENTATION FROM NICHOLS CONSULTING ENGINEERS, CHTD., REGARDING THE CITY OF UKIAH PAVEMENT MANAGEMENT SYSTEM SUMMARY: The Mendocino Council of Governments (MCOG) established a work element in its Overall Work Program for Fiscal Year 2000-2001 to update the Pavement Management System database (PMS) for Ukiah, Willits, Fort Bragg, Point Arena, and Mendocino County. MCOG issued a Request for Proposals and awarded a contract to Nichols Consulting Engineers (NCE) in February 2001 to update the PMS. Nichols Consulting Engineers specializes in pavement and materials engineering. Since then, NCE has inspected all streets and roads in the incorporated cities and the county. NCE has updated the PMS database and will be providing training to City staff on May 15-16, 2001 regarding the new database. The City of Ukiah has used the PMS as the basis to rank and select streets for repair under the 1998 STIP and the 2000 STIP programs. Mary Erchul of NCE will give the presentation regarding the City's PMS. RECOMMENDED ACTION: Receive presentation. ALTERNATIVE COUNCIL POLICY OPTIONS: None. Citizen Advised' Requested by: Prepared by: Coordinated with: Attachments' None. Diana Steele, Director of Public Works / City Enain. eer Rick Seanor, Deputy Director of Public Works z~,L~ Candace Horsley, City Manager None. APPROVED~~~~~ Candace Horsley, Cit~Manager AGNicholsPMS.SUM ITEM NO. 5b MEETING DATE: May 16, 2001 AGENDA SUMMARY REPORT SUBJECT: REPORT ON STATUS OF FIBER OPTICS IN MENDOCINO COUNTY~NDEE LOGAN Cyndee Logan, as the Project Manager for the North Coast Railroad Authority, has worked with fiber optic related issues for over five years, and has extensive knowledge of the various companies that are laying fiber optic cable within Mendocino County at this time. She recently made a presentation to Mendocino Council of Governments (MCOG) regarding the status of fiber optics and staff felt this would be a good opportunity for the Council to be brought up to date on the current situation within Mendocino County. Attached is an outline of Ms. Logan's presentation to MCOG. There is a concerted effort by all agencies within the County to formulate policies and procedures regarding fiber optics so that local governments have access to the optic network, lime is of the essence for being able to work with these companies. RECOMMENDED ACTION' Council receive presentation by Cyndee Logan regarding fiber optics ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachment: 1. N/A City Manager Candace Horsley, City Manager N/A Outline of MCOG Presentation Approved', ~, '. ,)/!~~~ 4:Can:ASRFiber.5olCandace Horsley, Ci~ Manager Fiber Presentation to MCOG, May 7, 2000 By: Cyndee Logan I was asked to try to share some of the things I have learned through my experience working with land owners and communications carriers, about fiber optics. So far in Mendocino County I have completed license agreements for NCRA with Williams Communications, and California Western Railroad with Pacific Bell. I also set up a license agreement for NWPRA/NCRA that included Pacific Bell, Williams Communications and Sprint sharing a trench on the railroad from Healdsburg to San Rafael. This did not go through as NWPRA out priced themselves in the market, and the carriers took alternate routes. I am currently working with an MAI appraiser who has previously appraised for the US Department of Forestry, all their forest lands in California for communications corridors. He is currently working with Caltrans for the same purpose, and in Arizona, again for the US Dept. of Forestry. As NCRA'S property manager I am currently in negotiations with Pacific Bell for a route, multiple places, Ukiah, to Arcata. ! have also met with Cal Trans regarding fiber optic placement and rules and restrictions for placement. (Which are available on their web site). Point Arena has been chosen by the communications world to be the point where a major oversea communications cable comes to ground. Point Arena has no easy access to current major communications corridors, and therefore is fast becoming one of the most desirable locations for carriers to link. I believe it is the benefit of the community to have a cohesive plan for fiber placements and pricing. When negotiating a license with these carriers, consideration of the following points must be taken: 1. The carrier must be required to absorb the cost of an engineer to oversee construction for the landowner. 2. Consideration for the loss of 'road life' in the area to be trenched, for the loss of road life due to the expansion and contraction outside the limits of the trench, which is a added cost to the public of a lower road life, and should be borne by the communication carrier. 3. A plan should be made for specific alignments that are acceptable to the community, and carriers made to fit their build outs to that plan. 4. Any agreements entered into now should have a requirement committing them to a retroactive fee schedule, that is yet to be determined and approved by MCOG, if they are lead agency. 5. Where at all possible, carriers should be made to build in a common trench. 6. I have access to information about other communities that have taken a planned build approach, this is not a new problem, and other areas have set guidelines that can be used for the basic format of a policy. Conditions specific to this area ( such as the reluctance to have microwave towers--- which in itself needs to be considered on valuation of fiber corridors, as that will not be an easy option to fibers) will be added, through coordination of the member agencies. 7. Many areas have been hurt by allowing carriers in and under valuing the hidden costs that the community will bear over the life of the placement. 8. In areas where the fiber is replacing overhead lines, the oversight of removal and disposal of poles and wire needs to be a part of the agreement. Consideration need not be all monetary, and drainage trenching, share of income generated, placement of dark fiber for the land owner's use, or copper cable for the owner's use are options to be considered during negotiations for fiber placement. The ideal is to enter into a win-win negotiation with the carriers, where all parties benefit from the placement of fiber optic lines. This can be one of our county's greatest opportunities to enhance economic development. One way would be with pre-planned fiber exchanges (stub outs) to our commercially zoned land. The actual valuation of placement of cables is not only based on the size of the trench, but also on the amount of cables, and lines per cable. Valuation is also based on cost of build to the carriers, and other competing routes that are available. The fact that carriers literally have to get to Point Arena, places Mendocino county in a favorable position for controlling access routes, as we can plan ahead. Because we know where they all have to end up, we can choose the route of future carriers where they will be most beneficial to the county. Currently there is a cable running the length of the Califomia coast, outside California Costal Commissions control. To reach land, they will have to have approval of the California Coastal Commission, and as far as I know, this has not yet been granted for that cable. I can prepare a full report on sample policy and pricing for the MCOG if the COG decides to become the entity to handle all' fiber placements for the county of Mendocino. Right now, I am just giving you an overview of the areas to watch out for when dealing with communication carriers. I have not prepared specifics as the decision to have one entity control fiber negotiations and placement has not yet been made. I believe having one entity control access and plan for routing would really enhance the opportunities this county will have with the new fiber placements. Examples of consideration re: Public agencies: · Easement--State Park: By, AT&T: 2.7 mile, $1,400.000.00, (.98.23 cents plf) Undersea cable terminus, Montana de Ora State Park. No limitation on conduits. Payment made by improvements to State Park. · 25 year franchise--City of Grover Beach, 7, 392 lineal ft. ($3.38plf) Under sea cable terminus. Fee adjusts to engineering news record index. Connects to UP fiber line. · 25 year franchise~Grover Beach 10,5801f ($3.38 plf) · 20 year license Sacramento Regional Transit Dist 11 miles (Two conduits) additional conduit to District for compensation. $1.00 per foot per conduit per year. · 20 year license San Francisco aqueduct 801f, $2.00 per foot per line · 15 year easement, license Alameda County--$1.75plfper year, cpi, ITEM NO. 5B MEETING DATE: May 16, 2001 AGENDA SUMMARY REPORT SUBJECT: REPORT ON STATUS OF FIBER OPTICS IN MENDOCINO COUNTY--CYNDEE LOGAN Cyndee Logan, as the Project Manager for the North Coast Railroad Authority, has worked with fiber optic related issues for over five years, and has extensive knowledge of the various companies that are laying fiber optic cable within Mendocino County at this time. She recently made a presentation to Mendocino Council of Governments (MCOG) regarding the status of fiber optics and staff felt this would be a good opportunity for the Council to be brought up to date on the current situation within Mendocino County. Attached is an outline of Ms. Logan's presentation to MCOG. There is a concerted effort by all agencies within the County to formulate policies and procedures regarding fiber optics so that local governments have access to the optic network. Time is of the essence for being able to work with these companies. RECOMMENDED ACT[ON: Council receive presentation by Cyndee Logan regarding fiber optics ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachment: 1. N/A City Manager Candace Horsley, City Manager N/A Outline of MCOG Presentation ,~:C~n:ASm~.soz~--~dac~ ~orsley, CJ~ Manager Fiber Presentation to MCOG, May 7, 2000 By: Cyndee Logan I was asked to try to share some of the things I have learned through my experience working with land owners and communications carriers, about fiber optics. So far in Mendocino County I have completed license agreements for NCRA with Williams Communications, and California Western Railroad with Pacific Bell. I also set up a license agreement for NWPRA/NCRA that included Pacific Bell, Williams COmmunications and Sprint sharing a trench on the railroad from Healdsburg to San Rafael. This did not go through as NWPRA out priced themselves in the market, and the carders took alternate routes. I am currently working with an MAI appraiser who has previously appraised for the US Department of Forestry, all their forest lands in California for communications corridors. He is currently working with Caltrans for the same purpose, and in Arizona, again for the US Dept. of Forestry. As NCRA'S property manager I am currently in negotiations with Pacific Bell for a route, multiple places, Ukiah, to Arcata. I have also met with Cal Trans regarding fiber optic placement and rules and restrictions for placement. (Which are available on their web site). Point Arena has been chosen by the communications world to be the point where a major oversea communications cable comes to ground. Point Arena has no easy access to current major communications corridors, and therefore is fast becoming one of the most desirable locations for carders to link. I believe it is the benefit of the community to have a cohesive plan for fiber placements and pricing. When negotiating a license with these carriers, consideration of the following points must be taken: 1. The carder must be required to absorb the cost of an engineer to oversee construction for the landowner. 2. Consideration for the loss of 'road life' in the area to be trenched, for the loss of road life due to the expansion and contraction outside the limits of the trench, which is a added cost to the public of a lower road life, and should be borne by the communication carrier. 3. A plan should be made for specific alignments that are acceptable to the community, and carriers made to fit their build outs to that plan. 4. Any agreements entered into now should have a requirement committing them to a retroactive fee schedule, that is yet to be determined and approved by MCOG, if they are lead agency. 5. Where at all possible, carriers should be made to build in a common trench. 6. I have access to information about other communities that have taken a planned build approach, this is not a new problem, and other areas have set guidelines that can be used for the basic format of a policy. Conditions specific to this area ( such as the reluctance to have microwave towers--- which in itself needs to be considered on valuation of fiber corridors, as that will not be an easy option to fibers) will be added, through coordination of the member agencies. 7. Many areas have been hurt by allowing carriers in and under valuing the hidden costs that the community will bear over the life of the placement. 8. In areas where the fiber is replacing overhead lines, the oversight of removal and disposal of poles and wire needs to be a part of the agreement. Consideration need not be all monetary, and drainage trenching, share of income generated, placement of dark fiber for the land owner's use, or copper cable for the owner's use are options to be considered during negotiations for fiber placement. The ideal is to enter into a win-win negotiation with the carriers, where all parties benefit from the placement of fiber optic lines. This can be one of our county's greatest opportunities to enhance economic development. One way would be with pre-planned fiber exchanges (stub outs) to our commercially zoned land. The actual valuation of placement of cables is not only based on the size of the trench, but also on the amount of cables, and lines per cable. Valuation is also based on cost of build to the carriers, and other competing routes that are available. The fact that carders literally have to get to Point Arena, places Mendocino county in a favorable position for controlling access routes, as we can plan ahead. Because we know where they all have to end up, we can choose the route of future carriers where they will be most beneficial to the county. Currently there is a cable running the length of the California coast, outside California Costal Commissions control. To reach land, they will have to have approval of the California Coastal Commission, and as far as I know, this has not yet been granted for that cable. I can prepare a full report on sample policy and pricing for the MCOG if the COG decides to become the entity to handle all'fiber placements for the county of Mendocino. Right now, I am just giving you an overview of the areas to watch out for when dealing with communication carders. I have not prepared specifics as the decision to have one entity control fiber negotiations and placement has not yet been made. I believe having one entity control access and plan for routing would really enhance the opportunities this county will have with the new fiber placements. Examples of consideration re: Public agencies: · Easement--State Park: By, AT&T: 2.7 mile, $1,400.000.00, (.98.23 cents plf) Undersea cable terminus, Montana de Ora State Park. No limitation on conduits. Payment made by improvements to State Park. · 25 year franchise--City of Grover Beach, 7, 392 lineal fi. ($3.38plf) Under sea cable terminus. Fee adjusts to engineering news record index. Connects to UP fiber line. · 25 year franchise~Grover Beach 10,5801f ($3.38 plf) · 20 year license--Sacramento Regional Transit Dist 11 miles (Two conduits) additional conduit to District for compensation. $1.00 per foot per conduit per year. · 20 year license San Francisco aqueduct 80If, $2.00 per foot per line · 15 year easement, license Alameda County--$1.75plfper year, cpi, MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, March 21,2001 The Ukiah City Council met at a Regular Meeting on March 21,2001, the notic~ had been legally noticed and posted, at 6:30 p.m. in the Civic Center 300 Seminary Avenue, Ukiah, California. Roll was taken and Councilmembers were present: Larson, Smith, Libby, Baldwin, and present: Airport Manager Bua, Community Services Director Administrative Captain Dewey, Finance Director Elton, Assistant Interim Fire Chief Grebil, Personnel Assistant Giuntoli, )nnel Manager/Budget Officer Harris, City Manager Horsley, Airport Manager Richey, Planning Director Stump, Chief/Fire Marshal Yates, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE Councilmember Libby led the Pledge of Alle~ 6a follow in Staff ,lice Williams, Battalion:~'~!ili!ii!ii!i!!ii 3. PROCLAMATION 3a. Designating April 2001 as MTA Month in Re Mayor Ashiku read the proclamati~ designating Thursday, Transit Authority (MTA) Day in led upon all citizens transportation options to bec and more promote public transit in th~ kiah. Anniversary Mendocino their personal efforts to Steve Turner accepted the Procl~ grown during the past 25 years. the north end of alf of discussed how MTA has developing a transit center at 4. INTR{ 4a.M Per., Assi= areas of em Hal Assistanl M, 'uitment an as the City's new part-time Personnel nel Department with assistance, primarily in the benefits. iuntoli nice to be back working for the City with familiar people. . None. . 6a. Ri ouncil of February 21, 2001 Baldwin noted a correction on page 9, third paragraph, that should read: Baldwin inquired if we continue collecting the Public Benefits Charge, how Mr. Barnes' projections for the future?" Regular Meeting March 21,2001 Page 1 of ].8 M/S Larson/Baldwin approving the Regular Meeting minutes of February 21, 2001 as amended; carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Baldwin, and Mayor Ashiku. NOES: Councilmember Libby. ABSENT: None. ABSTAIN: 6. MINUTES 6b. Special Meeting of March 1, 2001 .... M/S Baldwin/Smith approving the Special Meeting minutes of ~~?'ili!i~iiiiii~Q01 as presented, carried by the following roll call vote: AYES: Councilme: LarS~i ~mith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None? 7. RIGHT TO APPEAL DECISION Mayor Ashiku read the appeal process. 8. CONSENT CALENDAR M/S Smith/Larson approving items a through a. Approved Disbursements for Month of b. Approved Extension of Lease with the Services on Behalf of the California Department of Regional Airport; c. Approved Right-of-Way Beacon; d. Approved Amendments e. Approved Budget the Hudson Museum. ,ent Renewal with for G( alendar as follows: Department of General for a Portion of the Ukiah FAA/Airport al Services; Repairs to the Grace Motion carried by the following roll Baldwin, and ,.iku. NOES: C( Larson, Smith, Libby, ABSENT: None. ABSTAIN: None. 9. AUI iNTS ON N ITEMS No one Council. 11. 11a. Statu gement Plan Battalion Yates explained that since the Fire Department's last update on the fire hazard reduction program in the western hills, there about 35 rk from the crews at Parlin Forks Conservation Camp. The project beLa Gap Park and wound through the area west of Maple Avenue This year, the program picked up along the southern boundary park and the crews have been progressing south. The fuel break is about a mile long between 50 and 300 feet wide. This variation of width is a reflection of the type of etation and the terrain. :::~i!ilili~y~':' a~i;rently working in the area adjacent to West Standley Street. The plan is to ~~~ the crews to around the 300 block of South Highland Avenue and to start we~-'"'"' north. This portion will tie into the southern side of the Standley Canyon draw. Regular Meeting March 21,2001 Page 2 of ]8 Some delays in their work schedule have been related to weather, higher priority projects, and also no burn days. All of the property owners in the area of the fuel break have been contacted and staff attempted to keep them informed of the progress around the ,a. He invited members of the Council to tour this area with him and to see progress of reducing the fire hazard in the western hills. 11. UNFINISHED BUSINESS 11b. Discussion and Possible Action R~ City Manager Horsley distributed a letter from The Ford Str~ by the City. Mark Rohloff, Executive Director, describes th, annual cost, if the living wage proposed ordinance approximately $36,834 to the Ford Street Project an letter were to reduce the staff or to try to find other and was re~ that Io affect, would add noted in thc to a~mmodate the project. An analysis of a living wage ordinance was in the Staff Report. Proponents of the ordinance express paid wage earners cannot receive an adequate income to pay for basic livin Opponents believe that the market should be the ultimate determinant of econt They propose that a living wage ordinance will and will lead to increased unemplo Staff also performed a surw of Co~iiis and Oakland were selected for discussion becaUse spectrum. She reviewed the information on these cities, as The survey conclusions are that most service businesses contact~ health benefits pay the higher wage that would :e with the exception of Solid Wastes Systems and the secu es meet the minimum of $8.75 when there are Some part-time employees start at a mi ' annually are not consistent with most bu~ ' She the Ford Street Project and Ukiah Community Center (ucc) the fact that they have over 10 employees. The unique issue with funds received by these entities are not really City funds. basically "pass through" to the applicable agencies are federal would not come to this community without the efforts of the individual Staff has att~pted to provide Council with relevant data, issues, and analysis relative to impacts of ~l!i~ing wage ordinance. The direct impact on the City, if the requirements of ~':~'~iiii~ii!~i!ii~e living~,,,~e were imposed on City part-time employees, would be an approximate ~:":~:~!ii'?,~ea~iiii~i"~55,600 in the first year to the General Fund. This calculation includes the s:~ ~'~'~ool and day camp workers. Unless Council was willing to absorb more of the p~ii~Sts, this would increase unless rates were raised at the pool. All full-time positions Regular Meeting March 21,2001 Page 3 of 18 are above the minimum standards of the proposed policy. She advised that this is an extremely complex issue and if the Council chooses to go forward with adoption of such an ordinance, staff would request that in order to redt time and administrative costs, the requirements be based on the honesty compliance is voluntary, and that the CFARs be exempt from the policy. ShE staff spent approximately 92 hours on this project. '~':~:':~:~:~:~ .... Mayor Ashiku inquired of Councilmember Smith if the Ukiah Habilitation receives City contracts. Councilmember Smith explained that his employer, the..:: Habilitation, does not receive any contracts with the interested in bidding on services such as shredding. and trainee employees and inquired if they would Councilmember Baldwin recommended that and then refer back to this agenda item to allow' furth~ for status of his regula[~?. :i~ ?': : ~:.:.~:::: · Hearing at this time, 9nt. Consensus of Council was to continue this agenda item of the meeting. Public, earing portion 10. PUBLIC HEARING a. Public Hearin. Scan Finger_print Pr~ Police Chief Williams explained obtained a Live-Scan Fingerprint Justice (DOJ) a result of applicant to the and nic [ion User Fee for Live of Department recently a e of California Department of ~nt, the Ukiah Police Department will provide purpose of transmitting juvenile, adult, the DOJ. In addition, staff conducted a survE C¢ fee of $1 nearby ag~ es that ch; expen~ mination fee for processing fingerprints and to set an appropriate user fee for the Ukiah Police Department recommends a user ,Ashiku not ~::typog[aphical error in the Resolution submitted and that the third par'~~,should readY'as, the City of Ukiah conducted an expense determination study ~~?~ii!~entified t~ nse to provide this serve as $12.12, including personnel and Public Heal Opened' 7:06 p.m. '~"~i~iiii!i~iiP:ublic H~ Closed: 7:06 p.m. roi 'Baldwin Adopting Resolution 2001-46, as amended, establishing a User Fee fingerprint processing in the amount of $12.00, carried by the following roll call Regular Meeting March 21,2001 Page 4 of ]8 vote: AYES' Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. 11. UNFINISHED BUSINESS 11b. Discussion and Possible Action Regarding Living Wage Councilmember Baldwin inquired of staff if seasonal employees of the exempted from the proposed ordinance if they were under 18 years of a~ City Manager Horsley explained that if they are under 18 years exempt, however, many of the seasonable employees are college and the lifeguard positions. She did not know what percenta( of under 18 years of age. Councilmember Baldwin referred to the city of C< keeping, complaint process, and penalty section, a that some reporting takes place. He reminded Council of the basic premise that no poverty. Also, the City of Ukiah shouldn't be using tax d less than what it takes to live decently in Ukiah. The health benefits and $10.00 without that most of the fears regarding to city budgets, fear that local providers have had to lay from the other cities concerning be rule~"!iiii!!?egarding the recor?i~,i,~!!':ii!? ied th~t::~:~it::is_ ...~.: not totally velantar¢i i? S~:::'i~!~?~ilI time should live in :o pay any full time worker for $8,.~:~: per hour with enefits. He advised that have not playi id on service ,ith as increase , and that private of favorable reports ordinances. He discussed the affects on non- whether non- be a special erg standar emp Jeration should be made as to :ies should pa than a living wage. He suggested that there or( the ordinance that it reads "A non-profit CFAR shall to come into compliance with the he within four raising the wages of their substandard of th ,nce bet~! present pay and the standard wage g in the living wage adjustments as they approve~ Price Index. That a non-profit shall be . from this section if employees fewer than seven employees for each year, or if the salary ration between the highest paid less than 3.75 to 1 ." It was his belief that since fewer than have more than five employees, that Council consider have fewer than seven employees, rather than 10. He also felt a waiver process that would include trainees, interns, and long-term be part of the hardship consideration. occur and exempted com more w, paid 33% exemptini there shouli Libby questioned Councilmember Baldwin as to how he would address City's procedure to use open Purchase Orders (PO) with the chain stores. stores pay minimum wage and provide no benefits. The City does not have with the stores, only a PO. She raised the issue of fairness. Regular Meeting March 21,2001 Page 5 of ]8 Councilmember Baldwin responded that the living wage ordinance would only apply to those that received City financial aid or have service contracts. This aspect may have a significant impact in terms of monitoring and compliance factors regarding staff Councilmember Smith advised that most of CFAR's funds do not represent.: budget, and in most cases it is only a small portion of their budget, ton-profit agencies would love to pay well above the $8.75 wage to obtain a~ employees to perform the jobs. However, they do not have the fund~ and to pay health insurance and other benefits. As an employee of a ~:~,~,,~,~:=,:~,,~:~:profit recently was told that they need to plan on a 20% increase in health in::~',~ce premi~::?~ for the coming year. They pay higher than the $8.75 wage ~i~yide Not all non-profit agencies are in a position to do that ~::~ii~ii~:':~?:i~tinuous fight to raise funds to meet the daily expenses. He was not in ~'i!'?~f an '~i!~inance at this time,.:.,~:ii:: especially when most of the businesses are cu ~eting,~:~,~:,~e proposal and if it maYi result in increased cost to the City or perhaps contra~ii!i?~i?~i!,,ii~:~,:: Mayor Ashiku explained that the impact to part:time the City's General Fund. He discussed his concern with ti agencies being reduced in order to increase the wages of was not supportive of an ordinan, employer and the matter con~ employee. He was opposed of other CFAR's and felt th~ services to the needy people ordinance. result in $55,000 to ~ual allocations to non-profit fees. He as to their employer and he functions ~ney to provide direct with this proposed Councilmembe wages in the closing wi II have people to find job,' Gl and emplo Ukiah as far a= metro that eneral business community sets the prevailing should rel' and recognize the situation of Masonite ificant im in the community with the loss of 262 been an active supporter of small business feel g wage ordinance addresses the real problems in and benefits. She sees the living wage ordinance more as a ire up government costs. You can't bring legislation into and try to retrofit it to Ukiah. Mayor the felt it is the felt is to create jobs, which would solve a lot of the problems in In the past year new industries have been added to the community and of action that creates opportunity and better wages. Larson proposed that Council direct Staff to prepare an ordinance or appropriate, to require businesses contracting for goods or services with the a questionnaire with information regarding their wage standards. Regular Meeting March 21,2001 Page 6 of 18 Lynn Hoomalu, Ukiah, explained that many businesses in Ukiah pay less than $8.75 per hour but provide health care, paid leave, and paid holidays. When added together, their hourly wage is more than $8.75. Al Beltrami, representing the Mendocino Employers Council, advised that if ~:i::~iiis interested in the amount of wages paid, they may consider the League of Ca.!,i~ii~ effort to support AB181, which will require that the minimum wage of $7.2.Si;~ii~ii~ffective the year 2003, and increased in subsequent years. The minimum w~g~i~~ii?,~hen be adjusted annually based on the Consumer Price Index (CPI). Laura De Lovato, Executive Director of the Ukiah Community r' non-profit agencies would like to increase wages, however uniq~!i~h that they not charge for services and depend on donations to ope ~( incOme may have restrictions toward salaries, making it difficult to increa, i':~h )se working for program. She explained the funding sources an~ )enses, of the Ukiah Communi~ Terry Poplawski, 612 Walnut Avenue, explained of the Mendocino County Coalition Effort. He commended staff for their on the matter and felt that a living wage ordinance is a worthwhile endeavor. He ,ducatio~l activity about l ivi n g wag es to b r i n g to t h e .... Zohar Zaied, 619 North Pine stores that have Iow y at local chain )usiness~::that pay more. M/S Larson/Baldwin directing staff requiring all businesses or org information as t( discussed. resolution, as appropriate, with the City to provide es to their employees, based on the criteria Counci is the least we can do as a movement City. He expressed his disappointment that Councilmembe::~iiiii~ith explained that, based on the information provided in the Staff i~ the majori{~'ii~i~.e businesses that the City contracts with are meeting the goals of :~:~:~'~ ordina~ii~ili~~roducing an ordinance, we would not be changing a great deal intr !~'g some costs to the businesses and the City. He questioned what ~ld the City gain by passing the proposed motion. Mayor Ashi~ilexplained that he is opposed to the motion because he felt it would become cumberso~:nd require businesses to become familiar with this proposal that does not ib:.ave the ::~rity of Council's support at this time. It would also require businesses to ::'~::~'"li;i~it .... ~liance reports to the City and for staff to analyze the data. M~'::failed to pass by the following roll call vote: AYES: Councilmembers Larson and Regular Meeting March 21,2001 Page 7 of ]8 Baldwin. NOES: Councilmembers Smith, Libby, and Mayor Ashiku. ABSENT: None. ABSTAIN: None. Mayor Ashiku thanked the City Manager and Staff for their thorough analysis .... ,~i~,?~!i?,iii',?::,,:. 11c, Approval of Fire Subcommittee Members and Authorization to Ukiah Valley Fire District and California Department of Fire Service Consolidation Interim Fire Chief Grebil thanked Council for attending the 2001 with the Ukiah Valley Fire District (District). At the March motion was approved supporting the Joint Powers participation in sub-committee meetings. District members each of the regular and volunteer firefi~ committee. Councilmembers Larson and Baldwin volunl Councilmember Libby as an alternate. ;ub-committee, with City Manager Horsley explained that approximately two discuss issues related to how the 'A would be set up. be needed to Chief Grebil noted that it is p at 4: 00 p.m. '~'?;;',ii'?' ings be held beginning Recessed: 7:57 p.m. Reconvened: 8:10 p.m. 12. NEW 12a. Di~ Stoves- Baldwin Counci that bringing the matter to Council's attention after .~t ~h. He stated that no one is suggesting any to look at proposals that may improve air quality, )nths, related to new construction, remodels, an advisory or "Spare The Air Day" based on the air quality, and issues related to diances ed to wood stove appliances. Staff assisted with a brief re ~h he The Reports states that the Uendocino County Air ement D 'District) does not have an ordinance regulating wood burning Planning Stump advised the Implementation Measure OC-38.1 (d)in the ~'~:ii?i?i!iiiiiiii~oodGe eral essenbally completed. Item b ~n,,the Measure, ~nstall only EPA-certified sto~?fireplace inserts and pellet stoves. This even applies to remodels if the ra~ii~?proposing a wood stove appliance, then it must be EPA-certified. He noted t~'::~i~i~ of the appliances that are proposed are EPA-certified with catalytic converters, et~!!!~!~i:'thei~i present time, the City is not requiring conversion of old wood burning stoves. Regular Meeting March 21,2001 Page 8 of ]8 er will appoint two District to the ~i'~i~'::'':'~:~ Councilmember Larson inquired if there is currently a City ordinance or restriction concerning the installation of non-EPA approved appliances. Mr. Stump explained that although there is no City ordinance, there are Unifor~ii~ii~g~. Code requirements that require an EPA-certified stove. He described th~i~iii'~ ren~ between a fireplace insert and a pellet or wood stove, as well as a maso.D~i~place. Mayor Ashiku inquired about the status of Implementation Measure:~i~;'ii"i::~) an~i!~:ii~iii~nd if the District has proposed any regulations. ~'~?,ili!!!iiiii!iii~:: ':~"~:'~'~!~!ii!i~?,ii',!~,',ii~::~, Mr. Stump advised that, to his knowledge, the District has With regard to Measure 38.1 (e), he explained that thi~ approach to the issue. He felt the City should rely technical information relating to a perceived There has to be a partnership. ;peaks. to a regional~:~:'::~:~'~':""~: i ???: expe'~ise of the District for ~ ~: lead to regulationi ??: City Manager Horsley noted that through the quality conditions that were prepared for the Mendocinc District, there are agreements between the three ag measures. It was her belief that the the programming and possible actions for residl older stoves that do not mt wood burning devices for Iow in~ three agencies would need to coord was the lead red to the Air :1 the attached air Air Quality Management of these to do some of ich addresses such as assist~i~;~ebate programs for the insul~n..:~::,..~ of better performing of the items that the Councilmembe dangerous, in advised th forward to s verified that this particular type of pollution is ;ituation. Dean Man~ has the air has declined that, by the ather Senio~ r Quality for the Mendocino County Air Quality District ~at he is on behalf of Phil Toll, APCO. The District as fast as they would like. He advised that is very goo~ has been improving over the past 10 years, but .lly in the last two years with regard to particulate material. The more and more problems will be seen. They are to look at this issue and possibly take action. The District for their Board, and once their General Plan has been provide them direction with regard to further regulation. In any make more stringent regulations than Ukiah, there is no prohibition for ~r own standards and there is nothing that the District would do to overwrite referenced the Criteria Pollutant Emission and Air Quality Table for County, attached to the Staff Report, for PM10. She inquired as to the in numbers. Regular Meeting March 21,2001 Page 9 of 18 Mr. Wolbach explained that when the District has exceedences on one or two days, one causes may be attributed to wildfires, especially in 1994 and the 1997, as well as the year 2000. Also when there is an especially cold winter, there will be an increase. Th~ ........... be an increase in the year 2001 because there will be an extensive amount of burning for safety and fire prevention reasons and for an increase in ag management burning. He is currently in the process of preparing a Program and Plan to attempt to mitigate those impacts from these Mayor Ashiku inquired if there is any raw data on actual months that are directly related to residential wood burning. Mr. Wolbach explained that they are currently taking sar an exceedence, and analyzed to determine their mai number of samples that are below exceedence where they have exceedence, there is a much present. He felt that the problem in the Ukiah inversion layer that traps smoke at night fairly agement ......... g the~:"~:~i~.r ,~h time they measure and then a them. In every smoke type material concerns an )r. Mayor Ashiku noted that in light of all these problems, I~~: ~,;i~,::,not unde[stand why the District is waiting for the Board of S~ ~ervisors to move forward":~',!;i~ei~ii~';~eral Plan. He felt it is a regional problem. '::~,~::~?~iiiii~,~!ii~,!i,~!iii!i,.,i~? ?~ii~ ...... Mr. Wolbach explained th; that triggers both a state and receive. The District is hopeful they things before they get to the point of find a solution, de funding to it is emph~ the Ci )blem, it=~'f{::not at a problem level to the funding they a jump on some of these state agencies say they must Suzanne a that effort to be Council: solve iiiiii~;, .... 3. Eithl 1 proble~ ~lic health !stablish a to heat a phc )kayo Drive, problems with smoke from wood stoves in her neighbo~ which is densely populated. She felt it is !d it Ukiah's neighborhoods. She explained woodstoves, but to reduce their impact. In an she ideas from other cities, which she provided to program to help homeowners, particularly those who burn ~s, upgrade to cleaner burning appliances. imber that citizens can call when they are concerned about their neighborhood. Mail information to all households in the If the complaint is about one home, work with the homeowner to problem. uire that smoke from chimneys or stovepipes be light (less than 40% or pass an ordinance that requires new construction and remodels to Iow-emission fireplaces and woodstoves. people in Ukiah use their fireplace or woodstove for special occasions. If they :1 look in the air quality section of the local newspaper and see a symbol that it Regular Meeting March 21, 2001 Page 10 of !8 is okay or not okay to burn, then they can make responsible choices. She explained that wood smoke is particularly harmful to children and requested that Council consider monitoring the area near Nokomis School during the winter mon.::~:~::~:~::,~.~,?~':'~'~ .~ as well as the proposed new school site on South State Street. She continued to ~i health problems she has had and those of her family. ~,,,~;:~iiiiiiiiiiiiii??,~ Park Steiner, Environmental Consultant from Potter Valley, advised th~i~!~iii,9volved in getting the County to enact a burn ban ordinance for trash barrels,,,~i~e pr~~?,~?ok over two years. He explained that Mendocino County resident,s are~'~rious for their trash in wood stoves. He discussed the content of PM1QS. The~i~;::,.,a high le~i toxicity in trash burning because of incomplete combusti(~iiii~ii~!asticS?!i~e suggest~ another item should be added to the list presented by that a very strong repetitive public education campaign be established to.::~'citize~:'~":~°f what they can should not burn. Once awareness has been ~:~,,i,~,~i;,~i~:?ere will be significani improvement. '::~::'~iii?!i!i!iiiiii:~ii~,, .... Tim Pletcher, 1385 Yokayo Drive, stated that the and adverse health affects to the community at large. the growth of Ukiah and felt the City should be recommended initiating a rebate..::~:=~gram as well as an community. Hiawatha Blake, 517 family's ongoing health problems. quality of wood burning appliances felt Dotie Copelam burns garba )rth Pine their fire n~'ative environmental problems related to t situation. He ram for the mi~iii~i;ve contributed to his that would improve the that she lives next door to a home that Counci quali Councilrm new recomm{ Council take the lead to improve the air stove needs to be hooked up and in place with :~ ..... M~~........,:__. g. Ins. pe. ct .or makes sure that the construction project is ::'.i? .... co pl~.~~.,~u,u,.g u 3provea se~ oT p~ans. ":: ::~:~.::~: City Mana orsley inquired if there are any timeframes or plans for when the District i!:~ii',?, would be ab~° implement some of the programs, based on the General Plan and study. .... :'~'ii!!iil;~iiiiii~iil!!i~r. Wolb~i~xplained that this issue is currently under debate within their office. One of ..... ::~ii~!~:,~:irs[~,~s they will look at is what the outcome will be as they work on development of t~ ~YWide General Plan this summer. The District will need to rely on the guidance of th~i~'~rd of Supervisors before they take action. Regular Meeting March 21,2001 Page 11 of ~8 City Manager Horsley explained that educational information concerning not burning garbage could be included in the City's newsletter and posted on the City's Web Page. There would not be any cost associated with this type of service. However, if ad~nal mailers were needed, then postage would be the greatest cost. Councilmember Smith felt Council should direct Staff direction to provid~~mation t~ the public that would include incentives for the District to move forward.jD~ii~:¥~"''~'~ ion as Mayor Ashiku inquired about the status of the County regarding,~.~:.imple~ ion mea~ for the Ukiah Valley Area Plan. ........................ Mr. Brown explained that a lot of the implementation been trimmed back and the Board would like to accomplished. He was of the understanding dwellings to have a primary source of heat that wording related to energy efficiency, it is not as c sections related to wood combustion. Councilmember Baldwin felt if t motivate the other agencies to d, Staff to work with Mrs. Pletcl three months to Council wit to air quality on th~se that they feel will b~ is a m~re requiring all primary h there is some w~=bn the City reviewed City took a leadershiP"::~'!iiii~!? ~i~atter it might similar. He recomm ~at Council direct the Petaluma nce, and return in Councilmember Libby felt an She discussed helping those that are people are tryin the use of would be most beneficial. ed and noted these same bills. She was not supportive of banning City impl{ con,, not need to enact an ordinance to will investigate regulations concerning new .Mayor Ashiku Growth Man~ the opinion that there is a health issue during the winter months as far as particulates. He discussed encouraging public programs. He inquired about an exchange-out program Smith explained that, according to the Ukiah Valley General Plan and the Program, implementation measures 03-38.1 (e) would accomplish this like to see direction to include incentives to voluntarily retrofit existing older, highly polluting woodstoves and fireplaces, with the EPA-certified This would be in cooperation with the City, County, and Mendocino Quality District. Regular Meeting March 21,2001 Page 12 of ]8 Mendocino County Board of Supervisor Shoemaker, 1379 Beacon Way, advised that his neighborhood is highly impacted by wood smoke, and he noted that he owns a wood stove. He discussed a committee that he served on last year that directed the District to find state funds for this situation. He recommended Council should contact the California Cities, Redwood Empire Division, with their concerns related to this solicit additional support from other rural cities. With this support, the issue c to the state representatives as part of California's energy crisis, and pt would provide funds. Currently, it costs approximately $1,500-$3 woodstove. Mayor Ashiku advised that Mrs. Pletcher has presented volunteer and educational approach related to the issue ,ded. concept of meeting on a regional basis would be benefici; state. He proposed that Council direct staff to campaign with the City's current mailers to bring smoke, what we can do as citizens to reduce im solution to meet with cities within Mendocino District to develop regional strategy to improve air Ukiah's General Plan. The City could then pursue o Cities and state representatives for funds for a retrofit chan informational campaign, staff wouh information to utilize media resources to brinc ~reness and to through the District so peop about conditit quality. He did not think an~ this tim~ the state an old iiil~alsc felt funding from the ~e of an educational.~,,:.,:::~iiiii~,~i awareness of issues with wood"'"i taril~iii~n:d to work on a regional Boa~i!~i~8:upervisors, and the ma'~::~ated in the City of h the League of California As part of the a strategy to line available lead to poor air Councilmember Libby requested basis and on an educational basis. St regulations are Mayor bringin! prob Izens can do on a volunteer an at this time and felt current the District Board could be more active. he felt [n~s ~s~::~,~un issue and thanked Mrs. Pletcher for · ~:..i~~ - _ He f~~re is a need to work toward solving this blic Councilm~ The City's does not have a significant ordinance to enforce. states that the City "may" act in several sections. It does not say ;r agency to act first. He felt there might be a need to use to enforce City ordinances related to planning, zoning, Council was supportive of direction to Staff to develop an educational with County agencies, and work towards a legislative solution as far state representatives through the League of California Cities to obtain ional basis regarding the matter. Councilmember Larson opposed the to staff. Ri 9:41 p.m. Regular Meeting March 21,2001 Page 13 of ]8 Reconvened' 9:56 p.m. 12. 12b. Development Administration for Airport Terminal Remodel Grant Assistant Airport Manager Richey advised that at the previous meeting, th approved a contract for architectural services for the preparation of a pre-; Economic Development Administration (EDA) for grant funds for the of the Airport terminal and administration buildings. In order to su EDA requires the City Council also adopt a resolution su authorizing the pre-application. Architectural renderings woul be NEW BUSINESS Adoption of Resolution Approving a Pre-Application to the Ec~ M/S Smith/Libby Adopting Resolution 2001-47, Au Economic Development Administration for upgrade an; administration building. :ion to the ~grade ion, he proje~i::::iii~d to the??:! Airport terminal Community Development Director DeKm and that the City would receive 60% of the cost would be from EDA through a Rural Development Corpoi loan and funding would come from the Enterprise Fund at for the project the remaining 40% loan. It would be a 40-year Councilmember Baldwin was on that the project is and grandiose. Motion carried by the fol Mayor Ashiku. NOES: Coun~ None. s Larsol ~uncilm~ Smith, Libby, and None. ABSTAIN' 12. NEW BU~ 12c. Di= Air Planni rector the of that time, Master Bi( funds for the because of lection of Remaining KMART Fund that wh Big Kmart store was built in 1994, one of :ed on ect was that Kmart would pay into an Air 250. This money was paid and the Council, at that $19 .m the fund would be spent on preparation of a Plan (Plan), and the remaining $16,450 would be used for grant of the Plan. The "Walk and Roll Coalition", a local group has approached staff with an alternative way to 450. that the $16,450 by paying a consultant to prepare grants ~ey to implement the Plan. Staff is supportive of this approach lack of staff time available to spend on grants. He recommended allocating isultant assistance and reserving $6,450 for either grant matching funds or assistance if "no-match" grants are pursued. Larson advised that in excess of $100,000 is available in STIP funds COG for bike and pedestrian purposes. He noted that a new cycle is coming up the City should receive 5% of between $15 and $10 million. This is a potential Regular Meeting March 21,2001 Page 14 of 18 source for grant funding that could be pursued. Chris Brown, Mendocino County Air Quality Management District, advised that he serves on the Technical Advisory Committee for MCOG and explained that the deadline fo~ and pedestrian grants for STIP funding is May 30, 2001 and more than $,~ available in that cycle. Discussion followed concerning the matter. It was noted by staff that th~ prioritized and be reviewed by Council. There was also discussion c~ a consultant, depending on the type of grant. The contract for the structured carefully. Jennifer Puser, 309 Jones Street, advised that she Consulting and he advised her that there would be soon. She explained that grants available, other Bicycle Lane Account. be for ike J°~es from Alta ~m :Ia,~t grants available~,,;,;i; ii':? .... lude a Federal and State!:!.ii!iii~:~ Sanjeev Balajee, Ukiah, explained that he is an aw~ importance of moving forward to obtain more bike lanes i safety. He discussed statistics for traffic related fat; bicyclists and environmental d. He stressed the with a primary concern for ,destrians and Mr. Brown explained that funds. A State Bicycle Lane can match one account with anothe that bike and pedestrian lanes could pushing a stroller, and for those u~ looks for matching money. A consultant more easily. He advised iividuals using a wheelchair, Paul Ander,, to develo safety Ukiah Police Department was asked supportive of bicycle and pedestrian of bike lanes and improvements to M/S Smith Funds for up to $10,000 of the remaining Kmart Air Quality ~,e for grant writing services. the amount of money to allocate for consultant services. M/S g the motion to include that $6,450 is allocated for either grant or continued consultant assistance if "no-march" grants are pursued. the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, ~or Ashiku. NOES' None. ABSENT: None. ABSTAIN: None. BUSINESS 3n and Adoption of Resolution Revising Compensation for City Regular Meeting March 21,2001 Page 15 of 18 Clerk City Manager Horsley explained that annually the City Manager discusses the performance of the City Clerk and proposes a compensation increase, as was directed by Council several years ago. An on-going concern is the fact that since the City is elected, there are no prerequisite skills required in order for a person to position. She proposed to the City Council that one method to adjust for varic~:'i:ll le~ of a City Clerk is to provide a 5-step range within which the City Council, b~i'::~:::'~i~?i0n~,,,~,~:~,,~,~:~ the jo~ performance of the City Clerk, may place the City Clerk. There is a 5% d ~ i!~etween each step. These steps are also equivalent to the Administrative S~~~ claymation within the City, but at a 32-hour level. '~',~?~ii?~ il ':':,,~,, .... ':~:~"~::::::~'~:'::~'~:~'~'~'~'::'::~' The City Clerk's current annual salary is $20,862, and bas~ job duties and functions, and the time that she has been the City Clerk's compensation be increased to Step received some information that perhaps more Council as to what level has to be reached Council, staff can bring that information back t, Upon direction by Councilmember Larson was of the belief that established that sets a standard by which Council performance of the City Clerk or punishing another elected offici~ should be some measure of judgment on another ele~ ective criteria should be n judging the option of Council, there Council is passing Councilmember Smith referred to the budget process, the City Manage the City Clerk is official. which it states that during an of the City Clerk. Since evaluator should be the public that elected the Mayor eval~ Councilm~ the City Clerk's City Manager being charged with the ks with the City Clerk on a daily basis. ~ situation if an unskilled person were elected to their salary would begin at Step A, as proposed. based behind in hours and necessary, City emplo' ;mber Lil that she is disturbed by the effort to pay the City Clerk Is establi: City employees. She explained that if the City Clerk gets ]ets help from staff. As an elected official, she makes her own ~s time off when she wants. She did not think an annual salary raise is an employee, and should not be tying this elected office to the salary of explained that the public spoke to the issue of whether they wanted the City elected or appointed. The determination of salary, merit pay increases, and evaluation, is under the purview of the City Council. City Clerk's have Regular Meeting March 21,2001 Page 16 of 18 considerable training beyond a high school graduate. The position is very demanding and technical. He felt the City Clerk does a good job of keeping Council informed regarding political filings and other legal matters. He felt it is fair, and the only way to consider compensation is to compare it to comparable work and the hours required. He co ;d with the City Manager's findings that the City Clerk has performed her fun( demonstrated throughout the years her capacity to perform these felt that the matter can become politicized by having the City evaluation of the City Clerk and is best handled by the City Manager. M/S Smith/Baldwin Approving the step levels as presented in t~i!iStaff Re Adoption of Resolution No. 2001-48, Approving for the following roll call vote: AYES: Councilmembers Bal~ih,-- ~" and M~ Ashiku. NOES: Councilmember Libby. ABSENT: N, 13. CITY COUNCIL REPORTS Councilmember Smith reported that he attend, Program and both he and Assistant City appreciation. The City also received a certifica~ of )n. er for the Main Street certificates of Councilmember Libby reported that the Sun House discussion about having a City would like to pursue, it Marvin Trotter provided a Community Recreation C( presentation on the status of the R~ this project. The Board decid( action and not a ;hamber of C( He ~ation 14. CITY City Manag doing a inform~ Publ ::)iversi¢ Council Depart requested Appreciation Series. that and there was g the ild action. Dr. concerning the 9 City Council with a Council's support for CLER R REPORTS ised that the Integrated Waste Management Board is ,p at Community Center. She provided Workshop. Iso had a draft electricity update from the Council, concerning the rolling blackouts, will be distributed to the public in May. She s pr reproduction. She noted that the Commissioner take place on June 10. This event will be combined with the the~:,=~10th year for the Concert Series and there will also be an anniversary for the City. City ila Council that FPPC Form 700, Statement of Economic Interests her office by the deadline. nounced that he and Councilmember Smith would be attending a NCPA and solicited Council's input. SESSION Regular Meeting March 21,2001 Page 17 of 18 None, 16.ADJOURNMENT There being no further business, the City Council meeting was adjourned at 10:4,~. Marie Ulvila, City Clerk Regular Meeting March 21,2001 Page 18 of ]8 MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, April 4, 2001 6b The Ukiah City Council met at a Regular Meeting on April 4, 2001, the notice been legally noticed and posted, at 6:307 p.m. in the Civic Center Coum Seminary Avenue, Ukiah, California. Roll was taken and the following were present: Larson, Smith, Libby, Baldwin, and Mayor Ashiku. St~ Service Supervisor Archibald, Public Utility Director Barnes, DeKnoblough, Finance Director Elton, Assistant City Manager Grebil, City Manager Horsley, City Attorney Rapport, Co~,~un Sangiacomo, Planning Director Stump, and City Clerk Ulvil 2. PLEDGE OF ALLEGIANCE Councilmember Smith led the Pledge of Alle( 3. COMMENDATIONS =:~:~i;!,i!i!i!,,i!~,:~, .... 3a. Commendation for Bette Fairbairn Mayor Ashiku read a Commendation for Bette F~ Museum Assistant at the Grace Hudson Museum, and u loyal and steadfast service ~ad ~r ~irector ;hief ~n of her position as after 15 years of Bette Fairbairn thanked 3. COMMENDATIONS 3b. Commendation for Lee Mads~ Mayor Ashiku read a Commendatio~ Finance Depart le City's poinl her retireme~ of her position in the of Customer Service and Cashier, and upon Lee M~ thanked C, cil for the com Tht dedicated City. Fairbairn and Lee Madsen in appreciation of their ICY ITEM attention will be he~ advi.~ is an Urgency Item that needs to be included on the is a n. ) take immediate action and the need for action came to the City uent to the agenda being posted. The Urgency Item concerns a 'egarding Adoption of a Resolution approving Community Development Block for Ukiah Valley Cultural/Community Center. The Public Hearing 7:00 p.m. to add the urgency item to the agenda as a Public Hearing, carried by consent. Regular Meeting April 4, 2001 Page 1 of ]! Mayor Ashiku advised that item 9d, Accept Public Utility Easements for Minor Subdivision 00-43 and Authorize Mayor to Sign Map, is been pulled from the agenda. 3. PRESENTATION 3c. Presentation on the 2001 Youth Basketball Program Community Service Director DeKnoblough advised that the 2001 Youth B~ with the Community Services Department was very successful. Community Services Supervisor Sangiacomo explained that the one of the largest youth basketball programs in Northern C~ Basketball Program served 800 boys and girls, third grade Ukiah Valley and surrounding communities. The Program Willits, Potter Valley, and Anderson Valley School Di,, Christian School, Coyote Valley Tribe, City of Willits, a~ The revenue collected from sponsors and expenses. ~erates ~uth He advised that their youth sports programs are amen to incorporate a youth asset-building component. The have fun while participating. Future challenges for the Pro( fees Iow and to acquire en( gh of recreation programs goal is to ensure youth participant Mr. Sangiacomo advised Social Services, schools, Department of ~d for indoor facilities. City Manager Horsley responded County contributing a portion of their participants live this week willing to the 4, 4a. Regular Councilmeml corrected; Baldwin, Libby regarding the recreational program since many explained that staff met with the County officials receiving funds and these officials are with regard to allocating funds to )n noted a typographical error on page 7, first paragraph under Council Larson. The second paragraph should read "There is a to contribute more than the $17 million that has already been in the next STIP augmentation." approving the minutes of the Regular Meeting of March 7, 2001, as by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, ,or Ashiku. NOES: None. ABSENT: None. ABSTAIN: None Meeting of March 89, 2001 with Ukiah Valley Fire District Board of Regular Meeting April 4, 2001 Page 2 of 1] Councilmember Larson inquired if the Fire District Board would receive the same set of minutes. City Clerk Ulvila responded affirmatively. M/S Smith/Baldwin approving the minutes of the Special Meeting of Mar~ Ukiah Valley Fire District Board of Directors; as presented carried by th vote: AYES' Councilmembers Larson, Smith, Libby, Baldwin, and M~ None. ABSENT: None. ABSTAIN: None /ing roll ~Ji NOES: 5. RIGHT TO APPEAL DECISION Mayor Ashiku read the appeal process. 6. CONSENT CALENDAR M/S Smith/Larson approving items a through d a. Received Notification to Council Regarding Aluminum, 600V, Single Conductor Cable b. Received Notification to Council Regarding Electric Meters to WESCO in the Amount of $6,378 c. Awarded Bid for Various Pad Mount Transformers in th Various Vendors; d. Received Report to Council Conditioning Unit at the Amount of $7,598.62. Calendar as follows: :~:~?:~.~,,,:. 5,000 ft. of 750 MCM mount of $6,878.23; 9 Purchase of 978.18 to and Air and Cooling in the Motion carried by the following roll Baldwin, and Mayor Ashiku. NOES: Larson, Smith, Libby, ABSTAIN: None. 7. AUDII Susan J Council IDA ITEMS of poetry and requested to represent Ukiah for the coming year. Street. He finding parking received a parking ticket for parking on Standley five-hour parking zones and discussed the difficulty ~. He recommended that all parking on Standley Street be for the same eters be changed to ten cents. disaster explained that he manages a bank in Japan. He discussed fiber optics. He recommended that the Masonite facility, once it sed as a disaster recovery facility for Bay Area firms. He discussed computer creating new jobs involving fiber optics. He felt this is an opportunity for the to work together to obtain access to fiber optics in Mendocino County. P.O. Box 220, Roseburg, Oregon, discussed a conflict he has with the Ukiah concerning his duel residency in Roseburg and Ukiah and his alleged detainment by the Ukiah Police Department. Regular Meeting April 4, 2001 Page 3 of ]1 Justin McBurnet, 4503 Moose Road, Ukiah, discussed sustainable energy for the County and how the Masonite facility could be a future resource, both financially and for energy purposes. He explained that AB48X, a community choice bill that furthers dere on, is currently under consideration in the state legislature. He recommended Counc.i[~~i~his bill and the cap on net metering systems URGENCY ITEM Public Hearing Regarding Adoption of a Resolution A Development Block Grant (CDBG) Application for Ukiah Val Center Community Development Director DeKnoblough advis, is Council at the request of the Ukiah Valley Cultural (Committee). He explained that staff is bringing th~ er fo~=rd as an Urgency Ite~ because the resolution needs to be adopted by t Co~ at a Public Hearing ~ authorizes the application and execution of the Iowever, due to the short notice in which the item was received by be included with the distribution of packets last week. Due to the in order to allow for better opportunity for public review, staff is Council continue the Public Hearing to a special meeting on April 12, 2001. This will City a~ Committee staff adequate time to complete the application prior Public Hearing and time to address any chang~ result from the Publi~ Dr. Marvin Trotter, chai ,e nked Ci~:~"~ff--'""'"'"" and Councilmember Libby for their work on the project. 1997, the City Council passed a resolution to ask the g a Community Center in Ukiah, per the Ukiah General Plan. of has appropriated $1 million in Tobacco fund; this project, School District will provide the land and site preparation. ' will be Idren, families, and the general community. They ~ake a ~ blend to th~ ity in the areas of recreation, culture, and health, izations th; ex in participating in the project are the Boys and N Consoli Tribal Health, SPACE, Ukiah Senior Center, Men~ College, Mendocino County Public Health Department, of Ukiat reation Department. He discussed the architectural .drawing and the facility with Council. It is estimated that approximately 100 to 200 would u: after school from the neighborhood or transported on school Lrticipateand Girls Club. The community would have use of the facility after 6:i be given to children and family activities. ........ .... ~:.~:=~:~i~ Councilm~ Baldwin was of the opinion that the facility is needed, however, he ~:"=~i':ii iiiiiii~i!ii~ =. expressed c~ern the facility would be maintained by a non-profit agency during the next 10 ":'~i!i~'ii ii ii~:~ years witho xpayer funding. He also expressed concern with vandalism and ensuring the :~ii"!~'~i~iiii~!~acility wo.~ii~e adequately staffed. ~i~!!ii i~'~' discussed proven track records with Boys and Girls Clubs and felt the Ukiah co~!~nity would be able to continue the program. In response to an inquiry from Regular Meeting April 4, 2001 Page 4 of ]] Councilmember Baldwin regarding use of the facility for theatrical productions, Dr. Trotter explained how the cafeteria and gym would be used as a stage and also for rehearsal space. Councilmember Libby explained that it is anticipated that there will be a mod and having the City subsidize the Recreational Center is not included in the fin~i~l str~~ of the project. Since the Committee was established, they have had~i!ili~i°wnsize Recreation Center because of the amount of land that will be available::~:ii~i!i~~h there is a critical need for gyms in the community, they have to use the prope~i~:~t is ~i~ble. Mr. DeKnoblough explained that the deadline for the applicat application for a two-year allocation and would obligate the organization over the next two years. The City gets a HCD for qualified projects to apply. Dr. Troffer advised that the Committee has n( Market. It is a School District issue. The community and $100,000 match will need to be is 2001 an bility td~tk with any ~,,::,~ ~!t~ each year frO'~iii;~!i!i~ to do ~',iii~.,the situation with Bi-Low dsing $700,000 in the He presumed that the Committee would provide those matching funds. Discussion followed concerning the to establish a Recreation Cente~ and it was noted that the fee,, story of the Committee ~i~i~.ir S, over the years, ~. The subject'~!i~i~es was addressed Councilmember Baldwin inquired funding from the City Council in the le would request further Dr. Trotter was ' ' that concerned unds by the confident Cent~ II be able to s the City is not an issue. The Committee is that has been accomplished, they are ;If. Coul a va He noted th~ ber Lars 'ed if the is indi( would be supportive of an effort to create sine it will be a valley-wide recreational program. the Ukiah General Plan. year, and There was responi :ively. il million application covering a two-year period, at $500,000 per other projects are being considered, such as a homeless shelter. of how the grant funding could be allocated. Staff will provide Council )se projects at the April 12, 2001 meeting. Libby inquired if the homeless shelter could apply for a CDBG grant through Ci er Horsley responded affirmatively. The plan was that the homeless shelter Regular Meeting April 4, 2001 Page 5 of ]1 committee was going to apply to both the County and the City for funding because it is a valley-wide project. She noted that if you jointly apply, you would only be allocated a maximum of $800,000 per year. Dr. Trotter explained that the County already contributed $1 million so it as d~ Committee to apply for a CDBG request through the County. Public Hearing Opened' 7:43 p.m. William French, 140 Zinfandel, Apt. 6, Ukiah, was of the opinion needed, however, he felt the site was poorly selected. He discussed the area, as well as a bar located across the street from the s~~e voicel concerns traffic. Since the site is located within the County's jurisdiG~!i!"i~i~eir" ~;~'~' responsibility to the improvements. .::~::~iiiiii~i~ii,~ili!iiii?:?~' ........ ~iiii?,? Jennifer Puser, Ukiah, strongly supported the new Bike and Pedestrian Plan, there will b~ assessable from South Dora Street. As a mem that they have identified other funding sources for a is ~ excellent site. With the and the site will be Project, she advised shelter. Justin McBerden explained that minds. He discussed educatint anchor that part of the comm Public Hearing Closed' 7:47 p.m, of people's site would also M/S Smith/Ashiku to continue the unanimous 8. UN 8a. PI~ brief discussions, to 2, 2001 at 4:00 p.m.; carried by a Way~::~l~l:}o~nt Plannin_cl Commissioners - Vice- ring the past year, there have been a number of ssioners are appointed. As a result of those directed to bring the matter back before Council so that, after a full whether to take action prior to the appointments of Planning June 2001. el .. discussed the current process for appointment to the Planning involves completion of an application and being interviewed by the City lit it is easy for the majority of the Council to determine ahead of time that licants share that majority's vision. He felt Council also searches for people vision to their own. that the open application process continue, but rather than a question and session between Council and the applicant, that the applicant be allowed to make a Regular Meeting April 4, 2001 Page 6 of ~! statement. He preferred that the applicant express their idea of service on the Planning Commission and their vision for future land use. Discussion followed regarding Councilmember Baldwin's recommendation. It wa%~gd that each Councilmember would be allowed to appoint one Planning Commissioner same term as the Councilmember. Further discussion of the terms followed~!!iiii Mayor Ashiku felt the current process is honest and the participants h~i~~pointed on their background and knowledge. Since the current process works, ~~'~ing it ~,jnvolve more conflicts. He was not supportive of changing the appointmen{ii;~ess and':~'~'~!~j, ned that by interviewing the applicants, it provides Council with an 9pportu~':'~i~;~::>ee how {'~ ~ill perform publicly. '?%iii Councilmember Larson noted that a former Commission and he did not share the same politic~ change in decision by the City Council is due recommendations and finding of the Commis~ excellent body and does dedicated work. He change to the appointment process while he served on asked to serve at the disposal of an individual Cou Councilmember Libby ag Councilmember Baldwin's because Council and the appeal Commission decisions to thi there is a need to seriously look Councilmember Baldwin's efforts rescheduled. included on review ications need to be in Ju~ the pro( questions for g Plan ap~ted him to the Planni~i! He noted that frequent~;~':~~::: project, based on the !ing Commission is an I made the proposed , and he had been would,:have resigned. did not think that decisions duties and the right to of process, She stated that ssions. She supported the reappointments are to be by which we appoint Airport Commissions be discussion. She would also like Council to May :u recom that and applications for all commissions and at the next meeting. Councilmemb by the el explained that his proposal is not concerned with the lack of, or the City Council, but about varied perspectives that are on the City Council. M/S open ap g staff to prepare an ordinance changing the process to allow ,ns and for open public statements by the applicants, and at the end of that would then be granted the courtesy of appointing one Planning the remainder of his/her term of office, to begin with the first meeting in pass by the following roll call vote: AYES: Councilmembers Libby and IOES: Councilmembers Larson, Smith, and Mayor Ashiku. ABSENT: None. i: None. Regular Meeting April 4, 2001 Page 7 of 11 Recessed: 8:24 p.m. Reconvened' 8:35 p.m. 9. NEW BUSINESS 9a. Adoption of Resolution Approvin~ Co-Sponsorship of an Applicatim in River Unlimited for an Urban Streams Restoration Grant Department of Water Resources and Approving the as FiS~:~i~ Receiver for all Financial Matters Associated with Said Assistant City Manager Fierro advised that staff has been appro River Unlimited to co-sponsor a grant application for funds offered by the Resources Department for cleanup of the river. The grant prQ,posal t( 1 if approved, the City of Ukiah would become fiscal receiver o.~¢~i~nt f, '1 City receive $10,588 as administrative compensation under tbi~~i~s of the grant prc The purpose of the grant would be for river cleanup, co.~~ity ed':~tion, and restorati~ the Russian River. He felt this is an excellent o ~gd recommended the Oi~'§: participation. Joseph Scribbin, 499 Pomolita Drive, advised discussed the process of grant writing and liability recommended Russian River Unlimited and the City with Rebecca Kress. He noted a grant writing team. He ~ciated with the proposal. He relationship Rebecca Kress, Ukiah, Manager Fierro's assistant River Unlimited consists of ago. They will meet tomorrow members, including an attorney from~ water monitorin( Project and M/S appl for all associ; for Assistant City rrent status of Russian status about one year directors from three to five ssed their plans to conduct ,rships with Redwood Valley Outdoor Education in cleanup in Sonoma County. -49, approving co-sponsorship of an an Streams Restoration Grant offered by the and Approving the City of Ukiah as Fiscal Receiver Grant. ~!member B~!n s~ted felt we are setting a great precedent because the future of ............... 0~i~iii~!i~rms of to i~i!~¥ecreation, has something to do with the Russian River. Council~ er Lib~i~{:ated that she is proud to be participating in the decision to move forward wit~!!~s project. She expressed her appreciation to Assistant City Manager Fierro, City Manag~i~orsley, Planning Director Stump, and other City Staff for their efforts to pull this project tog ~r. ~'~ iom~heo by the following roll call vote' AYES: Councilmembers Larson, Smith, Libby, ~~~"nd Mayor Ashiku. NOES' None. ABSENT: None. ABSTAIN' None. Regular Meeting April 4, 2001 Page 8 of ]! . NEW BUSINESS Receive and File the Audited Financial Statements for Fiscal Year 1999/2000 Finance Director Elton advised that there were several places where the auditors expressed an opinion on topics, the most important one is the initial independent auditors states that the general-purpose financial statements referred to, presented material respects the financial position of the City of Ukiah as of June 30 of this operation and its cash flow of its proprietary fund types for the with general accounting principals. The auditors did not find any way in which the City is keeping its financial records. The compliance did identify some areas where improvement could be m~:,~¢nd staff on those improvements. The overall financial position of the .~,itY is g'~:!ii!~?~iiiiii!=~ Consensus of Council received report. 9. NEW BUSINESS 9c. Discussion of City Image in Relation to Hi Removal - Vice-Mayor Baldwin Vice-Mayor Baldwin explained that he has been w~ North State Street exit concerning the accumulation of property but it is an eye sore· He recommended asking property, even though the would not make improvements domain action because it is the Highway Program when have adopted a highway, but the staff to contact Caltrans to find out how often it yields cleanup. He regarding this Consensi Hk that all conform~ with the g 101 a'~iiNorth State Street Litter the situation near the did not know who owned the to clean up the · If the owner consider eminent with the Adopt nating sponsors who uired if Council could direct the Highway Program and to write a letter to Caltrans ;cted Staff to ':'~,,l~i~,~,.;... Caltrans as to the process for the Adopt a fo . 9d. Acce Easeme~ Minor Subdivision 00-43 and Authorize Mayor to Si~ ~:'" 9e. Disc~ a-~'~~val for Sharing Expenses for Fire Consolidation Consultant .... Service .... ~'~:~:~,':i!iii!!~.ii:;'??~.:.:: !Horsley advised that Council approved the creation of a subcommittee to on Fire consolidation services for the Ukiah Valley, She met with Interim and realized that it would be desirable and extremely helpful to have a trained facilitator to assist the group in reaching it's objectives, The is to hire the services of Elizabeth Silver who provides facilitation services other cities and districts that have consolidated fire services, It is proposed that Regular Meeting April 4, 2001 Page 9 of the expenses for the facilitation of two meetings, for up to six hours at less than $700 per agency, be split between the City and District on an equal basis. Interim Fire Chief Grebil will be taking the proposal to the Ukiah Valley Fire District Board for approval. .::~:~:~:~ Discussion followed concerning the amount of commuting time for the facilitator~.ii~i~:~ted__~.~:~. that the first available date for a meeting of the subcommittee is April 26, 2~:~ii~i~:gin~i!~ ~t 4:00 p.m. It was noted that Councilmembers Baldwin and Larson ar~i,,ii~igned to ~::~:~ subcommittee. There was discussion concerning the financial limit, pff,~i!i~~iii!~O place on M/S Ashiku/Smith approving an allocation of 50/50, up to a portion, with the Ukiah Valley Fire District for consultant Service consolidation; carried by the following roll call rot Smith, Libby, Baldwin, and Mayor Ashiku. NOES: 10. COUNCIL REPORTS Councilmember Larson reported that he att{ Committee on Transportation, Telecommuni~ ~ons, state legislation. He advised that SB910 is intended certified housing element by taking away a larger portion of of Gas Tax revenue can be certified housing element. He jurisdictions have voiced thei~ one of the few cities in the bill if passed. He noted that Uki discussion of a bill that would ban and redistributed t( :he status of the bill is intolerable a Cities Policy and they reviewed lize cities that do not have a las Tax Up to 60% that do have a that a number of that Ukiah is and would benefit from at any time. There was also He attended a asking optic MCOG road, the explained from Asia and letter was received from the City of Point Arena )mmunications and the laying of fiber There was some acceptance among the as it relates to the condition of the Currently no fees are required for the laying of the holes that are made in the pavement. He access on the cables coming to the Pacific Coast ~e cable has already been installed in the County without any nodes ounty to connect. attended celebrati( he attended a NCPA meeting with Mayor Ashiku. He also and they discussed the activities for their 25th anniversary content of a letter that would be forwarded to MCOG will be on their agenda $183,000 that is available for transportation. The Main Street Board Libby reported attending a public policy committee for the Chamber of They are compiling a survey to distribute to their members on what they would :1 in the public policy handbook. She attended a meeting for the Recreation Regular Meeting April 4, 2001 Page 10 of ] ] Center. There was some public comments about the site not being a good site and she noted that the southern portion of the City has many Iow-income families. She felt the school and recreation center would greatly benefit this portion of the City. Vice-Mayor Baldwin reported that he attended a League of California Committee meeting on Community Services in South San Francisco. He le~ problems related to homeless. He also discussed cameras in police vehi( the Los Angeles Police Department is removing theirs, while the Ci' cameras installed in vehicles. The most significant issue mentioned skateboard parks. He discussed how other cities have funded state legislation regarding skateboard parks that repeals the set provisions that removes city liability. The League Policy Mayor Ashiku reported that he attended the NCPA There was a review of the current energy crisis between 200 and 300 hours of statewide blacko item of interest that is projecting future Larson attended the Strategic Planning meet NCPA's growth needs as well the individuals city to look at the prospect of new generation and/or altern participated in a vote that funded investigation of various Councilmembers to contact any questions they 11. CITY MANAGER None. noted t~i~i having to is this ~g wi~?~Councilmember Smith~:i ~w bgiigg rejected that there wili:~:::': on ~.i?~[,¢sources available. One that Councilmember at that meeting that, to power, in the future we need ng They He encouraged Adjourned to Closed Session' 9:21 Reconvened: 9 10. CLOSl a. GJ with otiator No action Marie Ulvila no furth, the City Council meeting was adjourned at 9:38 p.m. Clerk Regular Meeting April 4, 2001 Page 11 of ]! MINUTES OF THE UKIAH CITY COUNCIL Adjourned Regular Meeting Thursday, April 12, 2001 The Ukiah City Council met at an Adjourned Regular Meeting on April 12, 2001 for which had been legally noticed and posted, at 4:00 p.m. in the Civic C~ Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken Councilmembers were present: Larson, Smith, Libby, Baldwin Mayor Ashiku. Staff present: Community Services Director D( [;Ih Director Elton, Assistant City Manager Fierro, Risk Manager/Bud Manager Horsley, City Attorney Rapport, Public Works Dire~ Executive Assistant to the City Manager Yoast, and City C following , and .nce URGENCY ITEM Mayor Ashiku advised that there is an Urgency agenda. There is a need to take immediate attention of the City subsequent to the agenda authorization of the City Manager to negotiate Services Agreement to provide landscape architectural the bid documents for the State Street Tree Project. to be included on th~:: action came to the Item concerns Professional Consulting services to complete M/S Smith/Libby to include th~ following roll call vote: AYES: NOES: None. ABSENT: carried by the and Mayor Ashiku. 2. PUBLIC HEARING- Contin~ a. Adoption of Resolution A City Cou an a (uv( $1 mflfion allowed for completed, prefer could be 4:05 p.m.: Development Block Grant Cultural/Community Center that at the April 4 meeting the the adoption of a resolution approving Itural and Recreation Center Committee Grant (CDBG) General Allocation Funds of The continuance of the Public Hearing also 9 public input. The application has been to Council, and has been available for public review. At the previous that there may be some concerns relative to funding for a community facility grants are pending. Should Council project be allocated for a one-year period of time, the Resolution ~ded aci gly. ~ncilmember Baldwin arrived at the meeting. Man Horsley stated that it has been a heroic effort for the UVCRC to assemble two weeks. Many hours have been contributed. Hearing Opened' 4:07 p.m. Adjourned Regular Meeting April 12, 2001 Page 1 of 6 Mark Rohloff, Director of the Ford Street Project, expressed concern for the possibility that the Ford Street Project may be shut out of a Homeless Shelter application for two years, as opposed to one year. He expressed his appreciation to City staff for working clos~ii~ith them to secure the winter shelter site. Their concern is that they may need tglii:~ii~~ CDBG funding for a Homeless Shelter in the next year. He discussed proble~i~0ci~ with operating a shelter, and that no rent can be charged. This is a majo~:~?,ii~ for them because it means there is no way they can service a debt. They are:~: '"~i~::secure other funding sources and noted that CDBG is one of those source.~iii i!ii!?:: ........ ~!"i~il Laura Golino DeLovato, 1080 Road N, Redwood Valley, Executi~iiii~ii~gctor of':'~::~::~iii~i~ Community Center (UCC), echoed Mr. Rohloff's concerns r~~i~Dg the' ear fundi~iiii! cycle that may eliminate their chances of applying for hQ~i~'~'~iii~elter funds next year. She stressed the importance of having a homeless sb~'::'~as a ~'~'=~munity facility. use of funds toward a multi-faceted homeless be a better use funds than the expenditures they use etc. She encouraged Council to leave the door open for an a i-faceted homeless service center. Dr. Marvin Trotter, Mendocino County Public Health De in the emergency room at the ho,, shelter. He discussed the Sc would be difficult to construct approximately 20-30% mc will provide 20% of the funding. H Council's approval the homeless cycle. He advised that they should demonstrate a..:~ ~?nt on the grant being ~:~'?~ iscussed thc Ukiah com,~'i~y and t~conomic im Disc~ Ilowed co the fun~ in community pro were discussed from working ,r a homeless next year. It and it would be and the CDBG grant cycle and that with from next year's funding the funding cycle and it would City and strengthen the likelihood of the e Recreation Center would have on the south Ukiah area. benefits to the community, and reduction children. Accommodations in the plans for officers, and nurses to rotate on a regular basis Club a~ advised ect site would be the permanent site for the Boys and Girls 'or will be providing after school, weekends, and summer ~e 6-18 old child. He continued to discuss financing of the project with funds, $1 million from this CDBG grant, $1 in-kind contribution bythe and $2 million that they would need to raise. They are also applying for a ~wment Grant next week and it is their desire to be able to construct the time as construction takes place for the new school next year. If that they will be involved in a long-term effort to raise the funds and will build a gym next summer and attach it to the school and stage area. Adjourned Regular Meeting April 12, 2001 Page 2 of 6 Mr. DeKnoblough explained that during the presentation by Dr. Trotter at the previous meeting, one of the bigger issues concerns the design of the gym, multi-purpose room and stage. During the school hours, the school would have use of this area and after hours the Boys and Girls Club and other programs would be able to use that area. If this~,,::~?,~,ect does not go forward in the same timeline as the school construction, then the not be able to be built at that time, and it would change the entire design C~'~rati::~i i According to the architects, it would significantly increase the cost to retrof~i!ii~iii~ir: to design those buildings separately due to the space limitations on the site ..... :~::~:~!i':iiii~ iiiii!!?~i~i?'i!i!!i ii ii?,?~,~,:~ Deborah Meade explained that TIG refers to Targeted Income Grou~?~ TIG incl~all those whose income is 80% or less of the median income in M~,g:docin~::~':~ty. The group is designated as LTIG and includes 50% of less of ~i~edian i~i~rne; non-Tl~ includes those individuals who income is above 80% of ~i~~Jncome levels. Discussion continued of having youth on probation school children. There was also discussion conc the 1,600 sq. ft. community room. It was barrier, however, the center will need to raise enOugh were discussed. proximity to elementa~:~?~': needing to rent e chi iii~::Will have no income , ::~i i:~i ~ i i~i:.i:.::!i::i ~ :.i ~: i~: the facility. Fees Ms. DeLovato explained that prohibited them from charging five years. She noted that th Councilmember Libby inquired through the County if the UVCRC a :he UCC received their of the grant of their commun~ for a period of ~ the Recreati~ nter. is a CI for a homeless shelter Mr. D~ allocations, would noted that they are separate jurisdictional the Recreation Center as well. Re~ ;enter. asset to the She asked CoUi comm ;mber Bali the Vision for the Ukiah Valley Cultural and S Lined sits on the UVCRC Board of Directors, in Committee and felt it would be a tremendous chik and for the southern portion of the community. ;upport to approve the proposal. if there is anything in the grant application that would ity to cng ing for maintenance, supervision, and staffing. Mr. D~ U~ explained that it would apply only during the administrative phase of the City has requested 5% of the administrative draw down. If funding were full amount City staff would be reimbursed $50,000 for time spent on grant i. This would not include any maintenance of the facility. He felt it is address the issue of staff's involvement in maintenance and supervision of because it has not been determined as to the amount of time that the City would facility. He advised that he and Community Services Supervisor Sangiacomo Adjourned Regular Meeting April 12, 2001 Page 3 of 6 would be sitting on the Program Committee. If the City were a significant user of the facility, it would only be fair that the City pay a portion based on its share of use. Councilmember Libby explained that part of the fund raising for the R~ includes an endowment fund and to fund operation of the facility for two year., ter Mr. DeKnoblough explained that approximately 10-15% of the City's time is currently spent on securing facilities and scheduling. If the City facility that would support its programs, consideration would need those funds for the cost of the programs. on staff's have a Councilmember Baldwin expressed concern that tax in the maintenance of the facility in future years. He n~ group would be in competition with other local group! facility can be maintained properly over the next 20 excludes the poor people. Recreation Center undinc. He questioned if using a fee structure tha~ Public Hearing Opened' 4:44 p.m. Dr. Trotter explained that there are multiple examples in centers that are based on a third (I h) coming from fees, grant funds. He further noted has engaged campaign consultant and will plan. of successful foundation or of a capital Public Hearing Closed: 4:45 p.m, Mayor Ashiku stated that both the h~ Since the Re 3ter project School Distri ' ' topun center an( at :unding helter recreation center have merit. to proceed and is in collaboration with the funding program for the recreation s shelter. M/S the (CDBG) Pro amendments th Ado ;olution Approving an application for funding from of the State Community Development Block authoriz e execution of a Grant Agreement and any the State of California for the purposes of this grant. Ukiah c( :mber Lari that the Ukiah General Plan identifies two neighborhoods services; the southern portion of the City and the neig He felt this is an excellent project to benefit the greater ,. He voiced conflicts he has with a two year funding cycle for the project not want to see the homeless shelter abandoned in order to make the a reality. He expressed concern that the project is $2 million short of the CDBG grant is approved and it ties up the City's availability of funding He was supportive of a one-year funding cycle for the project. .~r Smith explained that he is the City's representative on the homeless Adjourned Regular Meeting April 12, 2001 Page 4 of 6 shelter-planning group. He discussed his experiences as a youth in a Boys and Girls Club and participating in constructing activities. He is taking the view that this center will help prevent the development of some homeless individuals. Many of the participants will come from the lower income targeted group that potentially could become homeless in th~:,~.re. Through their involvement in the Center, they could development some skills art~'~ii~ that would lead them away from that path. He is supportive of the project to make a commitment to the homeless services planning group. .~:~::~,,i?~iii~?~iiiiiiii~:,,::~, City Manager Horsley advised that, unless otherwise directed by C i::ii~i:~'the~i~:'~i~!d be no reduction in staff's commitment to the homeless shelter. The Co~i~,ibas indic~{~at they would be interested in working with the City on a gra~:~'ii!i~i~he Councilmember Baldwin expressed his concern g in the project;~,?~?~ neighborhood that do not have recreational facilitit to them that the~:~ would have as much, or more time than recreational space. He inquired if it would be priority to individuals that live close by. He recomme~ arts in the facility. He can support the project at the ongoing funding in the future. .reds of the City, for )rofit agency to give sp~Ce be allotted to the but has some concern for Motion carried by the followin, Libby, Baldwin, and Mayor Larson, Smith, iTAIN' None. 3. URGENCY ITEM 3a. Authorization of the City . Consulting Services Ag Services to te the Bid Public Engineer for Trans Enh; ment Act June 1 One ionditions ~n one hat date com Recently uestions and dea( to archit{ Street Tree based 2,000 ',ritical to ,iscussi~ W; Into a Professional Architectural and Arborist for the State Street Tree Project ,ised that the City of Ukiah was approved for the State Street Tree Project on is that a construction contract must be order to complete the bid documents for pe architect and arborist are required. Don and air, arborists, to discuss some of the technical line the scope of services the City requires. The firm provided a reimbursement and estimate their services will total Completion of these tasks necessary to meet the funding ect. She recommended Council authorize the City Manager nto a consulting service agreement to provide landscape ~d arborist services necessary to complete the Bid Documents for the State ect. concerning the services provided by a landscape architect and arborist tree selection and planting, soil amendment, and irrigation design, and on of walkways to determine that power lines, signs, and awning not interfere growth of the trees. Adjourned Regular Meeting April 12, 2001 Page 5 of {5 M/S Smith/Larson Authorizing the City Manager to negotiate and enter into a professional Consulting Services Agreement to provide landscape architectural and arborist services to complete the Bid Documents for the State Street Tree Project, carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor NOES: None. ABSENT: None. ABSTAIN: None. City Manager Horsley inquired as to which Councilmembers are plann Redwood Empire Division of the League of California Cities me~ Councilmembers Larson and Baldwin expressed interest in attendir the ~w Inn. A meeting is tentatively scheduled for April 25, 2001 for the Fire Councilmember Baldwin advised that he would be able to 4. ADJOURNMENT There being no further business, the City Council wa ~ittee to ourned at 5:05 p.m. Marie Ulvila, City Clerk Adjourned Regular Meeting April 12, 2001 Page 6 of 6 6d MINUTES OF THE UKIAH CITY COUNCIL Special Meeting Thursday, May 3, 2001 The Ukiah City Council met at a Special Meeting on May 3, 2001, the notice for been legally noticed and posted, at 4:00 p.m. in the Civic Center Council Seminary Avenue, Ukiah, California. Roll was taken and the following were present: Larson, Libby, and Vice-Mayor Baldwin. Co~ Councilmember Smith and Mayor Ashiku. Staff present: City Man Public Works Director Seanor, Public Works Director/City Engineer and Ulvila. 2. PROCLAMATION - TV TURNOFF WEEK MAY 7-1: Vice-Mayor Baldwin read a Proclamation designatin! Turnoff Week in the City of Ukiah. Anne Molgaard, Executive Director of the ME Commission, accepted the Proclamation. She First Commission have the privilege of dispersing the working with children 0-5 years old for the basic health their families in Mendocino Cou receive about $1 funds go towards grants ~. So far this about $500,000 and some of ;ide for certain Turnoff Week. and Families First and Families Tax funds. Their goal is II children and most of the have disbursed such as TV 3. Approval of Revocable of the Healdsburg Transfer A_clreement -- City Mana~ Sonoma garba! ~e is in the Station is month period tO 's open. for She with ~a County for Limited Use City Manager to Si_tin -- that Solid Waste Statio~ that addition, ,~d Agreement has been approved by Inc. to transport the City of Ukiah's the Taylor Drive Transfer Station in Ukiah of Sonoma County emergency use of period until the Taylor Drive Transfer them to extend the agreement for a seven- for any other unanticipated delays or problems after the Transfer of Supervisors approved the agreement between the of Ukiah on May 1,2001. Council Der uested clarification on the agreement for no cost to the City's when the agreement was made. Horsley advised that the agreement was made with Jim Ratto of Solid about one year ago, in case the transfer station was not completed on approved the agreement with Mr. Ratto whereby they will pack out our no additional cost to the City of Ukiah's residents. Special Meeting May 3, 2001 Page 1 of 2 M/S Larson/Libby approving a Revocable License Agreement with Sonoma County for limited use of the Healdsburg Transfer Station and authorizing the City Manager to sign Agreement. Councilmember Libby inquired about the plan for the self-haulers. City Manager Horsley explained that the City has arranged for them to There will be space and drop boxes at the landfill for self-haulers. She of self-haulers are from the County area. Solid Waste, Inc. met with is trying to get the County to allow them to open the Transfer Stati( of the construction is completed for Empire Waste trucks and ,e landfill. 90% and n the fin Motion carried by the following roll call vote: AYES: Vice-Mayor Baldwin. NOES: None. ABSENT: Counc ABSTAIN: None 4. ADJOURNMENT There being no further business, the City Larson, Libby, and !h and Mayor Ashiku. 0:brned at 4'10 p.m. Marie Ulvila, City Clerk Special Meeting May 3, 2001 Page 2 of 2 ITEM NO.: 8a DATE: May 16, 2001 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF APRIL 2001 Payments made during the month of April, 2001, are summarized on the attached Report of Disbursements. Further detail is supplied on the attached Schedule of Bills, representing the four (4) individual payment cycles within the month. Accounts Payable check numbers: 30984-31174, 31278-31501 Accounts Payable Manual check numbers: 20581 Payroll check numbers: 30882-30983, 31175-31277 Void check numbers: None This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1. RECOMMENDED ACTION: Approve the Report of Disbursements for the month of April, 2001. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Kim Sechrest, Accounts Payable Specialist Coordinated with: Gordon Elton, Director of Finance and Candace Horsley, City Manager Attachments: Report of Disbursements Candace Horsley, City l~anager KRS:W ORD/AGENDAMAR01 CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF APRIL 2001 Demand Payments approved: Check No. 20581, 30984-31082, 31083-31174, 31278-31369, 31370-31501 FUNDS: 100 General Fund $113,041.06 650 131 Equipment Reserve Fund 652 142 National Science Foundation $1,125.00 660 143 N.E.H.1. Museum Grant $1,237.99 665 150 Civic Center Fund $40,352.29 675 200 Asset Seizure Fund 678 203 H&S Education 11490(B)(2)(A)(I) $282.13 679 205 Sup Law Enforce Srv. Fd (SLESF) $39,069.15 695 206 Community Oriented Policing $382.98 696 207 Local Law Enforce. BIk Grant 697 220 Parking Dist. #10per & Maint $437.56 698 230 Parking Dist. #1 Revenue Fund 800 250 Special Revenue Fund 801 260 Downtown Business Improvement $14,298.62 805 310 Special Aviation Fund 806 332 Federal Emerg. Shelter Grant $5,863.23 820 333 Comm. Development Block Grant $5,045.73 900 335 Community Dev. Comm. Fund 910 410 Conference Center Fund $5,257.38 920 550 Lake Mendocino Bond 940 555 Lake Mendocino Bond Reserve 950 575 Garage $2,322.24 960 600 Airport $36,253.60 962 612 City/District Sewer $458,572.80 965 615 City/District Sewer Replace 966 Spec San Dist Fund (Cap Imp) REDIP Sewer Enterprise Fund Sanitary Disposal Site Fund Refuse/Debris Control Contracted Dispatch Services Public Safety Dispatch MESA (Mendo Emerg Srv Auth) Golf Warehouse/Stores Billing Enterprise Fund Fixed Asset Fund Electric Electric Revenue Fund Street Lighting Fund Public Benefits Charges Water Special Deposit Trust Worker's Comp. Fund Liability Fund Payroll Posting Fund General Service (Accts Recv) Community Redev. Agency Redevelopment Housing Fund Redevelopment Cap Imprv. Fund Redevelopment Debt Svc. PAYROLL CHECK NUMBERS 30882-30983 DIRECT DEPOSIT NUMBERS 10059-10168 PAYROLL PERIOD 3/18/01-3/31/01 PAYROLL CHECK NUMBERS 31175-31277 DIRECT DEPOSIT NUMBERS 10169-10277 PAYROLL PERIOD 4/1/01-4/14/01 TOTAL DEMAND PAYMENTS TOTAL PAYROLL VENDOR CHECKS TOTAL PAYROLL CHECKS TOTAL DIRECT DEPOSIT TOTAL PAYMENTS $42,842.94 $2,396.49 $1,916.86 $9,926.46 $11,388.77 $2,419.91 $20,023.19 $7,829.62 $516,444.31 $9,086.51 $3,101.58 $43,604.41 $13,732.91 $2,762.00 $124,144.91 $1,161.87 $609.92 $244,794.80 $26,820.13 $1,808,549.35 $69,693.67 $154,046.18 $247,695.42 $2,279,984.62 VOID CHECK NUMBERS: None CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on City Clerk APPROVAL OF CITY MANAGER I have examined this Register and approve same. 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ZZZZZZZZZZZZZZZZZZZZ~ 00000000000000000000 o o o ,-t Z ~Z O~ ~Z ~0 ~ZZZZZZZZZZZZZZZZZZZZ DO0000000000000000000 0 c~ © O~ rJ · 0 0 0000000 00 00 ~ C~ Z~ CO ~0 LN Lr~ 0 ~'~ 00 LN LN 00 00 00 ~ {2> 0 O0 O0 O0 000000000000 O0 0 O0 0 oo~ o;E~ ogE~ 0 oEE~ oo~ oo~ 0 O0 0 0000000 · . · . · . · o~oo~o ....... o~° oo~oo~ O0 O0 ZZ O0 Z E~ ~0 ~0 ~Z oEo~EEoEEooE 0 O0 0 O0 000000000000 o~oo~o~oo~ ~~00~000~ ~0 O~ 0 ............ 00000000~0 00000000~0 ~0~0~ U~U~UU~HUUU~ Z'-- Z 0 O~ Z~ > HHHHHHH ~0000000 O~ mO ~>~ i Z H H ~ rS',l E~ Z Z ~ > O~ U · o 0 0 0 o oo~o~o oo~o~o 0 ODDDDDD H ~ · ~ o > ffi [-.x.1 -..~ . ~,-~ ~,-,~ o · 0 0 o o o o 0 > o O~ {J · ~° · O> o ~ · HO O~ r0 . o 8b ITEM NO. DATE May 16, 2001 AGENDA SUMMARY REPORT SUBJECT: AWARD OF BID TO WESTERN STATES ELECTRIC, INC. FOR THE PURCHASE OF THREE PADMOUNT SWITCHES IN THE AMOUNT OF $60,237.93. A quotation was requested for the purchase of three padmount switches manufactured by Cooper Power Systems from Western States Electric, Inc., who is the exclusive representative for Cooper Power Systems. The switches have been budgeted in the 2000/01 Fiscal Year in Account Number 800-3646-690-000 and sufficient funds are available. These switches will provide better system protection and considerably shorten the duration and lessen the magnitude of an outage. Cooper Power Systems is the sole manufacturer of these specific switches which meet the City of Ukiah specifications. The cost of the switches will be $60,237.93, including tax and freight. RECOMMENDED ACTION: Award bid for the purchase of three padmount switches to Western States Electric, Inc. in the amount of $60,237.93. ALTERNATIVE COUNCIL OPTIONS- Reject bid and provide direction to staff. Citizen Advised- N/A Requested by- Stan Bartolomei, Electric Supervisor Prepared by- Judy Jenney, Purchasing & Warehouse Assistant Coordinated with- Candace Horsley, City Manager Attachment: Letter from vendor Candace Horsley,~ity Manager Cooper Industries Cooper Power Systems Division · January 26, 2000 City of Ukiah 1320 Airport Rd. Ukiah, CA 95482 Attn: Stan Bartolomei COOPER Cooper Power Systems RE: Cooper Power Systems Distributor / Agents Stan: Cooper Power Systems has a formal Distributor / Agent agreement with Western States Electric to represent and quote our products in Northem California. The City of Ukiah is included in this agreement. At this time, Western States Electric is the only authorized Distributor / Agent for Cooper Power Systems in Northern California. Please let me know if what further information you may need. Regards, Jeanne D. Ward Sr. Sales Engineer Cooper Power Systems 01-4022 AGENDA SUMMARY ITEM NO. 8c DATE: May 16, 2001 REPORT SUBJECT: REPORT TO COUNCIL REGARDING EMERGENCY PURCHASE OF TWO DISPATCH COMPUTER WORKSTATIONS FROM DELL COMPUTERS IN THE AMOUNT OF $8,538.60. SUMMARY: In the 2000/01 fiscal year budget, the Dispatch Center has $9,000 budgeted for new computers. Computers are critical for dispatching emergency units and have been operated continually since they were installed in July, 1998. Over the past few weeks, the original computers experienced a number of problems and it was necessary to immediately replace two of them. Based upon the requirements for the specially made dispatch systems, we found that most major vendors were unable to configure a system to meet these specifications. Dell Computers was able to configure systems which did meet our needs and provided us with these systems under the State California Multiple Award Schedule (CMAS)contract at a reduced cost. Rather than having staff custom build the computer systems at a much higher cost, staff elected to purchase these computers directly from Dell Computers taking advantage of the current CMAS contract. RECOMMENDED ACTION: Receive report regarding the emergency purchase of two computer systems from Dell Computers in the amount of $8,538.60. ALTERNATIVE COUNCIL POLICY OPTION: N/A 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' None APPROVED' ~.~ ' ~¢Z~"'%~ "' ~,.,.,3. Candace Horsley, ~ty ~anager AGENDA SUMMARY ITEM NO. 8a DATE: MAY 16, 2001 REPORT SUBJECT: AWARD OF BID FOR JET FUEL TRUCK PURCHASE TO ALTERNATE SUPPLIER, VALLEY OIL, IN THE AMOUNT OF $53,450 At its February 21, 2001 meeting, the City Council approved the purchase of a used jet fuel truck from Perry Aviation Refue[in~ in the amount of $39,221.25. When contacted, the company advised staff that the salesperson who had submitted the bid was no [on~er under its employ and no trucks were available that met the City's specifications. Garsite, the next lowest bidder was contacted. The truck it had quoted for $48,250 had since been sold and the Company had no used vehicles currently available that would meet our specifications. Valley Oil, the third lowest bidder was then contacted. It currenUy has a vehicle in stock that meets the City's specifications and is ready for immediate delivery. The vehicle wiLL be refurbished prior to delivery. The cost of this truck is $53,450 inc[udin~ sa[es tax and delivery. The fire season wi[[ be upon us soon, and with the two turbine powered CDF air tankers to be based in Ukiah, the extra fue[in~ capacity is necessary to provide fuel durin~ fire emergencies. The current jet fuel truck has a staintess steel tank, and although the cab and chassis are worn, the vehicle can be sold to an airport that does not have the capacity requirements of Ukiah. The estimated resale value of the truck is S8,000. Staff is requestin§ authorization to purchase the jet fuel truck from Valley Oil as soon as possible. The funds necessary to purchase this truck are available in the Airport fund. $49,000 is budgeted in account 600.5001.800.000 [Machinery and Equipment] for purchase of the truck and a maintenance vehicJe (later to be rebud~eted in 2001/02), with the remainin~ $4,450 bein~ transferred from the Airport bui[din~ and ~rounds maintenance account 600.5001.305.000. RECOMMENDED ACTION: Award bid for purchase of fuel truck to alternative supplier, Valley OiJ, in the amount of $53,450. ALTERNATIVE COUNCIL POLICY OPTIONS: Do not approve alternative purchase, and direct staff to repeat bid process. Citizen Advised: N/A Requested by: Candace Hors[ey, City Manager Prepared by: Don Bua, Airport Manager Coordinated with' Candace Hors[ey, City Manager Attachments: None~,~ APPROVED:~ t."~ ~ Candace Hors[ey, Iity Manager ITEM NO. 8e DATE: May 16, 2001 AGENDA SUMMARY REPORT SUBJECT: REPORT OF THE ACQUISITION OF SERVICES FROM PETERSON TRACTOR COMPANY IN THE AMOUNT OF $9,352.63 SUMMARY: In compliance with Section 1522 of the Ukiah City Code, this report is being submitted to the City Council for the purpose of reporting the acquisition of services costing $5,000 or more but less than $10,000. Staff discovered damage to the auger motor on the Caterpillar 627F scraper at the landfill. Since the scraper is essential equipment for daily operations at the disposal site, staff contacted Peterson Tractor Company and obtained a quote for repair. The auger motor repairs were completed at a total cost of $9,352.63. Funds are available in the City's budget, account number 660.3401.302.000. RECOMMENDED ACTION' Receive and file report regarding the acquisition of services from Peterson Tractor Company in the amount of $9,352.63. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Diana Steele, Director of Public Works / City Engi,neer Rick Seanor, Deputy Director of Public Works Candace Horsley, City Manager 1. Fiscal Year 2000/2001 budget sheet Candace Horsley, City lanager AGLFScraperRepair. SUM I-- Z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O0 0 0 0 0 ~-- 0 > 0 0 o . ~~ E 0 I'~ 0 1.0 0 0 0 0 0 (D (D 0 ~-- 0 0 0 0 AGENDA SUMMARY 8f ITEM NO. DATE: MAY 16, 2001 REPORT SUBJECT: REPORT REGARDING REPLACEMENT OF ACE AERIAL SERVICE HANGAR DOORS WITH SCHWEISS BI-FOLD DOORS IN THE AMOUNT OF $7,652 AND APPROVAL OF BUDGET AMENDMENT TO AIRPORT FUND The City of Ukiah owns and rents a commercial hangar at the Ukiah Regional Airport to Ace Aerial Service for shop purposes. This hangar is approximately 3,000 square feet in size. The all-metal hangar was constructed in the early 1960's, and is sound and in good condition with the exception of the main doors. There are five steel doors that span a distance of approximately 50 feet, with each door measuring approximately 10 feet wide by 16 feet high. These doors are hung from the top on lightweight rollers and guided on the bottom by a recessed track and guide. The doors have been very maintenance intensive for many years, always difficult and sometimes impossible to open or close by hand, causing the tenant to lose time and possibly business while repairs are being made. The original track and roller system is not sufficient to support the weight of these steel doors, and has deteriorated to the point of requiring total replacement. The entire door system was surveyed by Crane Construction of Ukiah, and it was determined that the cost to retrofit the doors to a bottom roller, top guided configuration suitable to support the weight of the doors would cost between $8,706 and $9,982 depending on wage requirements. Airport staff contacted various door manufacturers for price information regarding bi-fold doors and received quotes from three door companies. The prices were: Colorado Door Fabricators: $ 6,908.00 including freight, less installation. Schweiss Bi-fold Doors: $ 6,652.00 including freight, less installation. Hydroswing Overhead Door: $ 8,402.00 including freight, less installation The Schweiss door is considered to be the superior bi-fold door because of the strap operating system used, as compared to the cable operating system on the other bi-fold doors. The Hydroswing door, although innovative, costs considerably more than the Schweiss door. Each company indicated that installation of the door is easily accomplished by a local contractor. A maximum installation estimate of $1,000.00 is included in the total cost of the replacement. This project was not included in the 2000/01 budget and thus a budget amendment is necessary. RECOMMENDED ACTION: Receive Report Regarding Replacement Of Ace Aerial Service Hangar Doors With Schweiss Bi-Fold Doors In The Amount Of $7,652 And Approve Amendment To The 2000/01 Budget Increasing Expenditures In The Airport Fund Machinery And Equipment Account, 600.5001.800.000, By $7,652. ALTERNATIVE COUNCIL POLICY OPTIONS: Refuse budget transfer request, direct staff to investigate other door options. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Candace Horsley, City Manager Don Bua, Airport Manager Candace Horsley, City Manager 1. Door price quotes. 2. Work description and cost estimate by Crane Construction of Ukiah. 3. Budget amendment worksheet. Candace Horsley, C%y Manager COLORADO DOOR FABRICATORS P.O. BOX 10, PIERCE, CO 80650 (800) 451-2550 OFFICE-(970) 834-2446 FAX: (970) 834-2308 PROPOSAL TO: Don Bua 1411 S. State Street Ukiah, CA 95482 DATE: 2-16-01 JOB SITE: CUSTOMER: PHONE: 707-467-2819 PHONE: FAX: 707-467-2853 For CDF standard door frame; your project specifications may increase this price. CLEAR HINGE UNIT EXTENDED QTY OPENING HEIGHT DESCRIPTION AND OPTIONS PRICE PRICE 1 50' x 16' 19' Bi-fold door frame $5448.00 $5,448.00 1 n/a n/a Wiring harness set $160.00 $160.00 1 n/a n/a Delivery to job site $1300.00 $1,300.00 Total order amount: $6,908.00 Any applicable taxes will be in addition to the above amount. Tax exempt numbers must be on file at time of invoicing or tax will be added to Colorado and certain other state orders. Bi-fold doors include: electric operator with control switch, top and bottom weather seals, latches, lif~ cables and other hardware to make door operational. This proposal does not include erection, sheeting, trim or wiring. Sliding doors include: door frame, track, wheels and latch. Sliding door does not include sheeting, trim, weather seal or erection. We propose to furnish the material in accordance with the above specifications for the sum of: Payable as follows: 25% Non-refundable payment at time oforder: $1,727.00 Balance COD by certified funds: $5,181.00 $6,908.00 Payment Terms: 25% down payment, balance on delivery by certified funds prior to unloading; or, if buyer is unable to accept door(s) as scheduled, then balance due and payable by certified funds at time of offer to deliver. Note: This proposal may be withdrawn or prices altered if not accepted within 30 days. Acceptance signature: Date: Receipt of 25% payment indicates acceptance of this proposal. Note: Orders are not scheduled for manufacture until 25% payment is received. Any estimated delivery time discussed before payment is received and order is scheduled for manufacture is an approximation only. Exact shipping schedule will be determined at time payment is received. Colorado Door Fabricators will not be responsible for delays and changes to this agreement due to strikes, accidents, natural disasters, local building codes or delays beyond our control. Product or material furnished according to customer specification does not imply engineering suitability. All engineering information pertaining to installation and application is the responsibility of ordering party and/or the building manufacturer. E HydroSwing Overhead Door "The Superior Alternative to Bi-Fold Doors" Don Bua Ukiah Regional Airport 1411 S. State St. Ukiah, CA 95482 Phone: 707-467-2817 Fax: Door Number Ship To: Cottonwood Ft~elding and Manufacturing, Inc. 400 East 4th Street North P.O. Box 15 Cottonwood, MN 56229 (507) 423-6666 Fax (507) 423-5609 Quotation and Purchase Agreement Quote Number: 4546 Same as Bill To Address Don Bua Doug Kerkvliet Quantity Attention: SalesPerson: Product Description and Size (Skinning and Insulation not included) 50 Feet 0 Inches Wide X 16 Feet 0 Inches High Quote Date: 2/19/01 (Quote good for 30 days) 50.0% Deposit with the Order. [] Certified Check upon delivery Balance due when door is delivered. Normal delivery is 4 to 6 weeks from receipt of deposit. Cost Extended Each Cost I 7407.00 7407.00 0.00 0.00 Building Type: Steel Mounting: Inside Notes: VBI Option Remote Control ~ Installation (by Customer if not Checked) ~ Sales Tax if Applicable Freight Cost ( FOB Cottonwood, MN) Grand Total: Cost 0.00 0.00 0.00 995.00 $8,402.00 If this is acceptable, please sign this and the Measurement Spec Sheet and return one copy of each to us. Down Payment: Due on Delivery: $4,201.00 $4,201.00 Customer Signature Comments: Date Visit our Website at www. hydroswing, com or e-mail us at cascot~_~starpoint, net BST. 1914 Crane of Ukiah, nc. Building & Engineering Contractor 4 Banker Boulevard Ukiah, California 95482-5652 Telephone 707-462-1412 Lic.#193537 Fax 707-462-$013 February 12, 2001 Mr. Don Bua, Airport Manager City of Ukiah Airport 1411 South State Street Ukiah, CA 95482 Dear Don; Enclosed herewith are two copies of our Description of Work and Drawing, both dated 2-12-01, for the revision of the hanger door track, wheel and guide systems for the building occupied by Ace Aerial Service, Inc. We have modified the drawing to reflect the improvements you requested after review of the draft drawings of January 12th. The eight inch diameter wheel with roller bearing, if properly lubricated should last for decades of normal wear and tear, and, with the removable axle as shown, the axle, bearing and wheel can be removed for service or replacement without cutting and subsequent rewelding the wheel frame assembly or the door frame in the event of damage to or failure of the axle, bearing or wheel components. The most likely cause of failure is lack of adequate lubrication. Hopefully a procedure will be established to insure timely lubrication. We estimate the cost provide the materials, labor and equipment to preform the work outlined by the attached Description of Work and Drawing to be $8,607.00 if the work is performed at our standard commercial labor rates. If it is determined that the work must be preformed under the rules of prevailing wage, add $1,375.00. Due upon completion or monthly progress payments, which ever comes first. This proposal expires in 60 days A) Terms: Payments to be monthly based upon progress, and, materials acquired, stored, and or fabricated both on and off site. Sales taxes are included in all of the above amounts. Payment shall be made by the Owner to Crane of Ukiah within 15 days from the date of the invoice. If the account is not paid within the above terms, a finance charge will be added at the rate of one and one-half percent (1.5%) per month (or minimum charge of $1.50) which is an ANNUAL RATE of 18% B) The above proposal is subject to revision of scope and subsequent cost, subject to C) below. Building permits, inspections, testing and related fees are not included in the above proposal amounts. Page 2 of 2, plus enclosures, Mr. Don Bua, Airport Manager, City of Ukiah Airport Proposal to revise of the hanger door track, wheel & guide systems for the building occupied by Ace Aerial Service, Inc. February 12, 2001. C) Any deviation from above specifications involving extra costs will be executed only upon written order and will be added to the contract amount. All agreements are contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado, earthquake and any other insurance the owner deems necessary to protect in place construction. D) The owner reserves the right for any cause to terminate this agreement by paying Crane of Ukiah for labor, materials, equipment, facilities use, services, professional fees or any other liabilities that Crane of Ukiah has paid or incurred for the project, plus 20% of those amounts. E) Should either party employ an attorney to institute suit or to enforce any of the provisions hereof, to protect its interest in any matter arising under this agreement, or to collect damages for the breach of the agreement, the prevailing party shall be entitled to recover reasonable attorney's fees, costs, charges and expenses expended or incurred therein. F) Contractors are required by law to be licensed and regulated by the Contractors' State License Board. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License Board, 9835 Goethe Road, Sacramento, CA 95827. Mailing Address: P.O. Box 26000, Sacramento, CA 95826. Please call with any questions. (~pect~lly submitted Douglas F. Crane President enclosures; 2 copies each of Description of Work and drawing. S:\VqPWIN~WPDOCS\~IP\U~iah nb'pofl Ace dr rev~,wpd LLI LIJ Z 0 m -- ~_)- -L- -- o ~ ®, E .-~. ~ ~ ~ ._ o ~.~ ~ E ~ ~ ~ ~ ~ ~ o- 0 ~ ~ J ~ ~ 0 ~ ~ ~ ~.-- 0 888000 . ~ ~oooooooo o o, OO 0~ o ~ o ~ ;E ~ 00 ~ 0 00000000 000 ~ 0 0 X 00000000 0 0 0,0 x ~ 0 0 ~ ~ 00000000 ~ ~ ~ 0 ~ :0 ~ 0 0 0 0 0 0 0 o~o o o ~o~oo~o~o o · ~ ~ ..... oo~~: m m ~o~m:ooooo 0000 0 ~ 0~00~00 0 : : : : : ' 0 : ~ : : : : : : : : ~ 0 0 0 0 0© ~ oo~ ~o o~ oo ~ ~ ~~ ~oo AGENDA SUMMARY ITEM NO. 8g DATE: May 16, 2001 REPORT SUBJECT: ADOPTION OF RESOLUTION WAIVING THE 60-DAY NOTIFICATION REQUIREMENT FOR ESTABLISHING A COUNTY FACILITY IN THE CITY (290 EAST GOBBI STREET), PURSUANT TO GOVERNMENT CODE §25351 SUMMARY: The County Department of Social Services has requested a waiver from the 60- day notification requirement, as established by Government Code §25351, to lease the property at 290 East Gobbi Street for office space. The existing offices would house the Veteran Services Office, Teen Services System of Care Program, and a general space for a Departmental Conference Room. Government Code §25351 provides for such a waiver if the City Council adopts a Resolution to this effect. Without the waiver, the County would simply have to wait the 60 days otherwise required by State law before improving the property and occupying the building. The subject site is zoned C-1 (Community Commercial), which allows or permits a variety of commercial and professional office uses. The subject property on East Gobbi Street was previously used as offices for a private company. Use of this existing office space as professional offices for the County Social Service veterans and teen programs is a use that can be established in this Zoning District. In conclusion, staff can find no reason to oppose the County's immediate use of this site in the manner described, and, therefore, believes the 60-day noticing waiver is supportable. RECOMMENDED ACTION: Adopt the Resolution waiving the 60-day noticing requirement pursuant to the provisions contained in Government Code §25351. ALTERNATIVE POLICY OPTIONS: Do not adopt the waiver Resolution, thereby requiring the County to wait 60 days to improve and occupy the building located at 290 East Gobbi Street. Citizen Advised: N/A Requested By: Steve Prochter, Assistant Director, County Social Services Department Prepared By: Charley Stump, Director of Planning and Community Development Coordinated With: Candace Horsley, City Manager Attachments: 1) Waiver Resolution; 2) Prochter Correspondence; and 3) Location Map APPROVE 'D~~ ~,~~, ~. Candace Horsley, ~ity Manager RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH WAIVING THE 60-DAY NOTIFICATION REQUIREMENT FOR ESTABLISHING A COUNTY FACILITY WITHIN THE CITY LIMITS, AS REQUIRED BY GOVERNMENT CODE §25351 WHEREAS, 1. Government Code §25351 requires that a County notify a City in advance of its intent to locate a County facility in the incorporated area; and 2. Government Code §25351 further requires that said advance notification occur at least 60 days prior to use and occupancy of the County facility, unless the City Council waives the notification requirement by Resolution; and 3. The Mendocino County Department of Social Services has requested a waiver of the 60- day notification requirement to lease the property located at 290 East Gobbi Street for the purpose of providing office space for veteran and teen services; and 4. The granting of the waiver will enable the Mendocino County Department of Mental Health to facilitate the timely use of the office building; and 5. The property located at 290 East Gobbi Street is zoned for commercial and professional office uses; and the intended use would be compatible with the existing land uses in the vicinity; and 6. The use of the properties by the Mendocino County Department of Social Services for office space would not be inconsistent with any City code, or the goals and policies of the Ukiah General Plan. 7. NOW, THEREFORE, BE IT RESOLVED that the City of Ukiah grants the County of Mendocino Social Services Department a waiver of the 60-day notification requirement to lease and occupy the property at 290 East Gobbi Street in a timely manner in order to provide much needed space for the Veteran Services Office, Teen Services System of Care Program, and a general space for a Departmental Conference Room. PASSED AND ADOPTED on this 16TM day of May, 2001, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Marie Ulvila, City Clerk Phillip Ashiku, Mayor Resolution No. Page 1 of 1 Mendocino County Department of Social Services Alison Glassey, Director Adult Services Family & Children's Se rvices Employment & Family Assistance Services 747 South State Street · PO Box 1060 · Ukiah · California · 95482 · (707) 463-7700 · FAX (707) 463:7804 April 10, 2001 City Council City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Re~ Agenda Item for Next City Council Meeting County lease of a 5,424 square foot office complex located at 290 East Gobbi Street, Ukiah ] ] 2001 CITY OF UKIAH CITY CLt:.g~.K,~ _ Honorable Council Members: The County of Mendocino wishes to lease 5,424 square feet of office space located at 290 East Gobbi Street, Ukiah. The aforementioned space is for expansion use by the Social Service Department's Veteran Services Office, the Teen Services System of Care Program and general space for a Departmental Conference Room. The additional space will help alleviate staff overcrowding, allow for the development of a teen services program, re-establish one of many departmental conference rooms that have been eliminated due to overcrowding and expand services to Veterans. By way of this letter, we hereby request that the City Council adopt a resolution waiving the 60-day notification as required by Government Code Section 25351. Your cooperation in granting this request will enable the Social Service Department to initiate and complete a lease agreement and set an occupancy target date. In absence of such waiver, the Social Service Department must compromise service due to inadequate staff space. Thank you for your cooperation concerning this matter, if you have any questions, please do not hesitate to contact me at 463-7732. Yours truly, ' Steve Prochte'r ' Assistant Director, Social Services Department dr cc: Kristi Furman, Clerk of the Board Pete Halstad, Director of General Services ..................... ~: MENDOCINO COUNTY SOCIAL Veteran Services Office SERVICES Teen Service of Care Program Departmental Conference Space 290 East Gobbi Street 8h ITEM NO. DATE: May 16, 2001 AGENDA SUMMARY REPORT SUBJECT: REPORT TO COUNCIL CONCERNING THE EXECUTION OF A CONSULTANT CONTRACT TO PREPARE GRANT APPLICATIONS FOR IMPLEMENTING THE MASTER BICYCLE AND PEDESTRIAN PLAN SUMMARY: The City Council recently authorized staff to spend a portion of the Kmart Air Quality Mitigation Fund to hire a consultant to prepare grant applications for implementing the Master Bicycle and Pedestrian Plan. The purpose of this Agenda item is to provide a report to the City Council, pursuant to the requirements of the Ukiah Municipal Code, concerning the execution of a contract of less than $10,000. The $9,950.00 contract was awarded to Alta Transportation Consultants, who authored the Implementation and Financing chapter in the Bicycle and Pedestrian Plan. They have a strong familiarity with the City of Ukiah, and specialize in pursuing grants for bicycle and pedestrian projects. They secured over 20 million dollars in funding for cities/counties during the 1990's, and have a strong statewide reputation as a leader in the field. RECOMMENDED ACTION: Receive Report. ALTERNATIVE COUNCIL POLICY OPTION: Do not receive Report and provide direction to staff. Citizen Advised: Walk and Roll Bicycle/Pedestrian Group Requested by: Planning and Community Development Department Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager Attachments: 1. Contract with Alta Transportation Consultants ca-n~ace' H(~sley, ~ity'~anager CITY OF UKIAH AGREEMENT FOR PROFESSIONAL SERVICES PREPARATION AND SUBMITTAL OF GRANTS APPICATIONS FOR IMPLEMENTATION OF THE BICYCLE AND PEDESTRIAN MASTER PLAN This agreement shall be considered a contract, and is entered into this ~ day of ,2001 (effective date), by and between the CITY OF UKIAH, a general law municipal corporation, hereinafter referred to as "CITY" and Alta Transportation, Consulting, a professional corporation, hereinafter referred to as the "CONSULTANT." PREMISES The purpose of this agreement is the preparation and completion by CONSULTANT of grant applications for implementing the Ukiah Bicycle and Pedestrian Master Plan. The scope of work is more particularly described in the Exhibit "A", attached to this agreement. CITY may retain independent contractor to perform special services for CITY or any department thereof. CONSULTANT is willing and able to perform duties and render services in preparation and completion of such grant applications. This work has been determined by the City Council to be necessary for the welfare of residents of the CITY. CITY believes the provision of these services to the residents is in their best interests, and CONSULTANT agrees to perform such duties and render such services as outlined below: 1.01 AGREEMENT CITY and CONSULTANT agree as follows: ARTICLE 1 SERVICES OF CONSULTANT CONSULTANT shall provide those technical, expert, and professional grant writing services as described in Exhibit "A," which consists of the scope of 1.02 1.03 1.04 1.05 1.06 1.07 1.08 2.01 work, dated May 3, 2001, which is attached hereto as Exhibit "A" and incorporated herein. CONSULTANT shall provide such services within the time limits described below. The absence, omission, or failure to include in this agreement items which are considered to be a part of normal procedure for a study of this type or which involve professional judgement, shall not be used as a basis for submission of inadequate work or incomplete performance. CITY relies upon the professional ability and stated experience of CONSULTANT as a material inducement to entering into this agreement. CONSULTANT understands the use to which the CITY will put his work product and hereby warrants that all information contained in the grant applications shall be made and prepared in accordance with generally accepted professional practices. CONSULTANT shall furnish the CITY with a copy of each fully completed grant application, and shall bear the expense of all printing and reproduction costs. CONSULTANT shall deliver copies of all completed grant applications to the CITY. CITY will be responsible for preparing the final package and submitting them for consideration to the identified funding sources. CONSULTANT shall be responsible for completing a minimum of three grant applications consistent with the Scope of Work included as Exhibit "A." CONSULTANT shall be responsible for attendance at a minimum of two (2) public meetings as determined and required by CITY. CONSULTANT shall perform any additional services as may be required due to significant changes in general scope of the project. Such additional services shall be paid for by supplemental agreement and shall conform to the rates of payment specified in Article V below. ARTICLE II SERVICES OF CITY CITY shall provide any information as to its requirements for performance of the agreement not already contained in Exhibit "A." 2.02 3.01 3.02 3.03 3.04 3.05 4.01 Upon request, CITY shall provide CONSULTANT any information in its possession or reasonably available to it that consultant may need to perform services under this agreement. ARTICLE III TERM OF AGREEMENT The term of this agreement shall commence on the effective date and shall terminate when consultant has satisfactorily completed the third grant application as described in Exhibit "A". This agreement may be extended on its same terms and conditions upon written agreement between the Planning Director and CONSULTANT. The execution of this agreement by the CITY shall constitute the CONSULTANT'S authority to proceed immediately with the performance of the work described by Exhibit "A." All work by CONSULTANT shall be completed pursuant to exhibit "A" and paragraph 1.05 above in a reasonable timeframe according to grant application deadlines. CONSULTANT shall not be held responsible for delays caused by circumstances beyond its control. CONSULTANT acknowledges that timely performance of services is an important element of this agreement and will perform services in a timely manner as provided in paragraph 1.05 above and consistent with sound professional practices. If CITY requests significant modifications or changes in the scope of this project the time of performance shall be adjusted appropriately. The number of days of said extension shall be the final decision of CITY. ARTICLE IV COST OF SERVICES CONSULTANT has been selected by the CITY to provide services described in Exhibit "A," attached hereto and incorporated herein by reference, for which compensation shall not exceed nine thousand nine hundred and fifty dollars ($9,950.00) on a time and materials basis. 4.02 Cost overruns or failure to perform within the maximum compensation ceiling established in 4.01 above shall not relieve CONSULTANT of responsibility to provide those services specified in Exhibit "A", for a total compensation including reimbursable expenses not to exceed $9,950. 5.01 5.02 5.03 5.04 5.05 6.01 6.02 ARTICLE V PAYMENT FOR SERVICES CITY shall pay CONSULTANT for work required for satisfactory completion of this agreement in amount to be determined in accordance with the method described in paragraph 5.02 below. Payment scheduling: Total payment not to exceed $9,950.00. Fees for professional services as outlined herein shall be paid on a time and materials basis. A detailed explanation of services and associated fees shall be listed on each invoice submitted by CONSULTANT. Payments to CONSULTANT shall be based on an itemized invoice submitted by CONSULTANT not more frequently than monthly. Payments will be made by CITY within thirty (30) days of receipt of invoice from CONSULTANT. If CITY substantially alters the scope of work to include additional analyses, the total payment and cost of services may be changed by amending the agreement. ARTICLE VI PROJECT INSPECTION AND ACCOUNTING RECORDS Duly authorized representatives of the CITY shall have right of access to the CONSULTANT'S files and records relating to the project included in the agreement and may review the work at appropriate stages during performance of the work. CONSULTANT must maintain accounting records and other evidence pertaining to costs incurred, which records and documents shall be kept available at the CONSULTANT'S California office during the contract period and thereafter for three (3) years from the date of final payment. 7.01 7.02 8.01 ARTICLE VII DISPOSITION OF FINAL REPORTS All grant documents and associated materials and backup data as required by this agreement shall be and shall remain the sole property of CITY. CONSULTANT'S attention is directed to the required notice under Government Code Section 7550, which states in part that "any documents or written reports prepared as a requirement of this contract shall contain, in a separate section preceding the main body of the document, the number and dollar amounts of all contracts and subcontracts relating to the preparation of those documents or reports if the total cost for work by non- employees of the public agency exceeds $5,000.00." ARTICLE VIII TERMINATION OF AGREEMENT At any time CITY may suspend indefinitely or abandon the project, or any part thereof, and may require CONSULTANT to suspend the performance of the service. In the event the CITY abandons or suspends the project, CONSULTANT shall receive compensation for services rendered to date of abandonment and suspension in accordance with the provisions of Sections 5.01, 5.02, and 5.03 herein. 8.02 8.03 It is understood and agreed that should CITY determine that any part of the work involved in the program is to be suspended indefinitely, abandoned, or canceled, said agreement shall be amended accordingly. Such abandonment or cancellation of a portion of the program shall in no way void or invalidate this agreement as it applies to any remaining portion of the project. If, in the opinion of the CITY, the CONSULTANT fails to perform or provide prompt, efficient, and thorough service, or if CONSULTANT fails to complete the work within the time limits provided, CITY shall have the right to give notice in writing to CONSULTANT of its intention to terminate this agreement. The notice shall be delivered to CONSULTANT at least seven (7) days prior to the date of termination specified in the notice. Upon such termination, CITY shall have the right to take CONSULTANT'S studies and reports insofar as they are complete and acceptable to CITY, and pay CONSULTANT for his performance rendered, in accordance with Sections 5.01, 5.02, and 5.03 herein, prior to the delivery of the notice of intent to terminate, less the amount of damages, general or consequential, which CITY may sustain as a result of CONSULTANT'S failure to satisfactorily perform his obligations under this agreement. 9.01 ARTICLE IX RESPONSIBILITY FOR CLAIMS AND LIABILITIES HOLD HARMLESS: The CONSULTANT shall indemnify and hold harmless the CITY, its agents, officers, and employees against and from any and all claims, lawsuits, actions, liability, damages, losses, expenses, and costs (including but not limited to attorney's fees), brought for, or on account of, injuries to or death of any person or persons including employees of the CONSULTANT, or injuries to or destruction of property, arising out of, or resulting from, the performance of the work described herein, provided that any such claim, lawsuit, action, liability, damage, loss, expense, or cost is caused in whole or in part by any negligent or intentional wrongful act or omission of the CONSULTANT, any subcontractor, anyone directly or indirectly employed by any of them, or any for whose acts any of them may be liable. CONSULTANT shall have no duty to indemnify or defend CITY under this paragraph if the damage or injury is caused by the active and sole negligence or willfully wrongful act or omission of CITY or its officers or employees. CITY agrees to timely notify CONSULTANT of any such claim and to cooperate with CONSULTANT to allow CONSULTANT to defend such a claim. 10.01 11.01 ARTICLE X INSURANCE CONSULTANT, at its expense, shall secure and maintain at all times during the entire period of performance of this agreement, insurance as set forth in Exhibit "B", attached hereto, and incorporated herein by reference. ARTICLE Xl GENERAL COMPLIANCE WITH LAWS It is understood and agreed that the CONSULTANT will comply with all federal, state and local laws and ordinances as may be applicable to the performance of work under this agreement. ARTICLE Xll ENDORSEMENT OF DOCUMENTS 12.01 12.02 13.01 14.01 ARTICLE Xlll NONDISCRIMINATION CONSULTANT certifies that it is in compliance with the Equal Employment Opportunity Requirement of Executive Order 11246, as amended by Executive Order 11375, Title VII of the Civil Rights Act of 1964, the California Fair Employment Practices Act, and any other Federal or State laws pertaining to equal employment opportunity and that it will not discriminate against any employee or applicant for employment on the basis of race, color, religion, handicap, age sex, national origin, or ancestry, in matters pertaining to recruitment, hiring, training, upgrading, transfer, compensation, or termination. In the event of the CONSULTANT'S noncompliance with the nondiscrimination provisions of this agreement, the CITY shall impose such contact sanctions as it may determine to be appropriate including, but not limited to: a, Withholding of payments to the CONSULTANT under the agreement until the CONSULTANT complies, and/or bm Cancellation, termination, or suspension of the Agreement in whole or in part. ARTICLE XlV INDEPENDENT CONSULTANT The CONSULTANT, in accordance with its status as an independent contractor, covenants and agrees that it will conduct itself consistent with such status, that it will neither hold itself out as nor claim to be an officer or employee of the CITY by reason hereof, and that it will not by reason hereof, make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the CITY including, but not limited to, worker's compensation coverage, unemployment benefits, and retirement membership or credit. ARTICLE XV SUCCESSOR AND ASSIGNMENTS The CITY and the CONSULTANT each binds itself, its partners, successors, and executors, administrators, and assigns to the other party to this agreement, and to the partners, successors, executors, administrators, and assigns to such party in respect to all covenants of this agreement. 14.02 14.03 15.01 15.02 16.01 17.01 Except as stated above, neither the CITY nor the CONSULTANT shall assign, sublet, or transfer his interest in this agreement without the written consent of the other, however, the CONSULTANT reserves the right to assign the proceeds due under this agreement to any bank or person. In the case of death of one or more members of the firm of the CONSULTANT, the surviving member or members shall complete the professional services covered by this agreement. ARTICLE XVl EXTENT OF AGREEMENT This agreement shall consist of this agreement, the Scope of Work, dated May 3, 2001, identified as Exhibit "A", as attached hereto and incorporated herein, and the insurance requirements set forth in the attached Exhibit "B." This agreement constitutes the whole agreement between the CITY and CONSULTANT and any other representations or agreements are superseded by the terms of this agreement. ARTICLE XVll PARAGRAPH HEADINGS The paragraph headings contained herein are for convenience and reference only and are not intended to define or limit the scope of this contract. ARTICLE XVlll NOTICE Whenever a notice to a party is required by this agreement, it shall be deemed given when deposited with proper address and postage in the U.S. mail or when personally delivered as follows: City of Ukiah Civic Center 300 Seminary Drive Ukiah, California 95482 ATTN: Charley Stump, Director Planning and Community Development CONSULTANT/ CONTRACTOR: Michael Jones, Principal Alta California Transportation Consulting 707 C Street San Rafael, California 94901 ARTICLE XlX DUPLICATE ORIGINALS 18.01 This agreement may be executed in one or more duplicate originals bearing the original signature of both parties and when so executed and such duplicate original shall be admissible as proof of the existence and terms of the agreement between the parties. ARTICLE XX FORUM SELECTION 19.01 CONSULTANT and CITY stipulate and agree that any litigation relating to the enforcement or interpretation of the agreement, arising out of CONSULTANT's performance or relating in any way to the work shall be brought in Mendocino County and that venue will lie in Mendocino County. CONSULTANT hereby waives any right it might otherwise have to seek a change of venue based on its status as an out of county corporation, or on any other basis. IN WITNESS WHEREOF, the parties hereto have caused their duly authorized officers to execute this agreement in duplicate the day and year first above written. CITY OF UKIAH Candace Horsley, City Manager Date CONSULTANT/CONTRACTOR Michael Jones, Principal Alta California Transportation Consulting APPROVED AS TO FORM: IRS IDN Number Date David Rapport, City Attorney Date ~3/03/01 TI~ 09:41 FAX 707 8235797 Joshua S. Abrams ~002 alta 707 C Street San Rafael, CA 94901 (415) 482-8660 (415) 482-8603 fax EXHIBIT "A" May 3, 2001 Mr. Charlie Stump City of Ukiah Planning Department 300 Seminary Avenue Uldah, CA 95482 Re: Proposal for Services Dear Mr. Stump: Alta Transportation Consulting Inc. is pleased to submit this proposal to provide grant writing services and non-motorized transportation planning assistance to the City of Ukiah to help implement the 1999 Bicycle and Pedestrian Master Plan. Our objective is to perform the required steps needed to develop grant applications for three bicycle and pedestrian projects that the City would like to acquire state and federal funding for, which as you know can be time consuming. Many of the outside funding sources for which the City can apply to for funding for non-motorized transportation projects are competitive on a regional or statewide basis. Given the competitive nature of the grants, it is important that well developed applications that include maps, cost. estimates, schedules, narratives on project need and purpose, and letters of support among other items be submitted to increase the likely hood of success. Alta has extensive experience developing applications and has helped clients to receive over $20 million dollars from competitive sources. We will also make ourselves available to provide feasibility, environmental assessment, and design assistance on an as- needed basis to support the City's implementation efforts. I have prepared a basic scope of work for your consideration. Scope of Work Task 1: Prepare Grant Applications Alta will prepare up to three grant applications. Working with the City we will develop maps, costs, project narratives, project need and usage estimates, obtain letters of support, and the other items needed to complete competitive applications. Task 2: Design Assistance Alta has more specialized experience in bicycle facility planning and design than any other firm in the country. We were a part of the team that developed the Bicycle and Pedestrian Master Plan and as such have intimate knowledge of the City. We will provide design, feasibility, and/or environmental assessment assistance on projects on an as needed basis including the development of alternative concepts, review of construction documents, input into design standards and guidance, and attend up to two (2) public meetings. Cost It is difficult to anticipate exactly how many hours will be required for this type of contract. We typically estimate that it takes approximately 35 hours of stafftime to prepare'a well-developed grant application. We suggest working on a time and materials basis within a maximum budget of $9,950 in order to complete three grant applications and provide design assistance on the projects as they arise. We will provide a sununary of fees to date on every invoice. Sincerely, Alta Transportation Consulting Inc. Michael G. Jones Principal Tr'a~portation Planner Accepted by: Name, Title Date ITEM NO. DATE: May 16, 2001 AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION AND ACTION ON APPEAL OF PLANNING COMMISSION DECISION TO CONDITIONALLY APPROVE THE EDGE WIRELESS / CITY OF UKIAH COMMUNICATIONS TOWER USE PERMIT SUMMARY: On March 28, the Planning Commission conducted a public hearing on the Edge Wireless / City of Ukiah Use Permit to replace the existing communications tower on the Civic Center property. After considerable public testimony, and a lengthy discussion, the Commission voted 4-0 (Commissioner Puser recused) to conditionally approve the tower. On April 9, 2001, Jennifer Puser, acting as a nearby property owner, filed a timely appeal citing potential negative impacts on property values in the neighborhood. Ms. Puser also expressed concerns related to potential health and aesthetic impacts resulting from the tower (see attached appeal correspondence). BACKGROUND: Edge Wireless and the City Public Safety Department applied for a Use Permit to allow the replacement of an existing 100-foot tall tower with a new 100-foot tall tower, where 40- feet is the maximum height permitted in the P-F (Public facilities) Zoning District. The communications tower is an allowed use, but because it exceeds the maximum height standard, the Ukiah Municipal Code requires the applicants to secure a Use Permit. In order to issue a Use Permit, the decision-makers must make a finding that the additional height is not detrimental to the public's health, safety, and general welfare. (continued on page 2) RECOMMENDED ACTION: Conduct a public hearing and deny the appeal, supporting the action of the Planning Commission to conditionally approve the height relief for the proposed communications tower. ALTERNATIVE COUNCIL POLICY OPTION: Support the appeal, make the necessary findings, and deny the height relief Use Permit for the proposed communications tower. Citizen Advised: Publicly noticed according to the Ukiah Municipal Code Requested by: Appeal filed by Ms. Jennifer Puser Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager, and David Rapport, City Attorney Attachments: 1. 2. 3. 4. 5. 6. 7. Appeal letter from Jennifer Puser Planning Commission Staff Report Planning Commission meeting minutes, dated March 28, 2001 Excerpt from the Federal Telecommunications Act FCC information regarding radio frequency emission safety/hazards Information regarding potential impacts on property values Article from the Santa Barbara News-Press dated April 20, 2001 APPROVED: ~~~~,~,.~ Candace Horsley,-C.,i~ Manager The existing 100-foot communications tower was installed as an "allowed" land use during the mid 1980's when there was no height limit for such structures on property zoned for public facilities. The proposed tower would reach the same 100-foot height, but would have a wider base and would be slightly wider at the top. There would be an associated small equipment structure and a perimeter fence to help screen the wider "triangular" base and the equipment building (see illustrations in Planning Commission Staff Report - Attachment No. 2). The tower would have three (3) thin "whip" antennas for the City's use, and three (3) 1-foot by 4-foot cellular phone panels. SCOPE OF REVIEW: There are two issues regarding the City's scope of review for the proposed communications tower that set the framework for the Council's decision-making. The following text outlines these issues. Federal Telecommunications Act / Health Effects of Radio Frequency Emissions: The Federal Telecommunications Communications Act (FCA) specifically limits the review authority of local jurisdictions. Section 704(7)(B) of the Act states that "no state or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission's (FCC) regulations concerning emissions." The applicants have indicated that the proposed tower would emit less than 1% of the total emissions allowed by the FCA for this type of tower in this location. This amount of emissions is far below levels necessary to produce biological damage. Based on this information, it seems clear that the City Council cannot regulate the proposed tower based on radio frequency emissions/environmental health effects. Purpose of Use Permit: Public utility facilities, such as communication towers are an "allowed" land use in the P-F (Public Facilities) Zoning District. Uses that are incidental or accessory to communication towers, such as antennas for cellular phone service are similarly "allowed" without Use Permit approval. The Use Permit in this case is required because the 100-foot height of the tower exceeds the 40- foot maximum height standard for structures on the P-F (Public Facilities) Zoning District. The Use Permit tool for granting relief from the height standard is similarly used in the R-1 (Single-Family Residential) and (C-N) Neighborhood Commercial Zoning Districts surrounding the Civic Center site. PLANNING COMMISSION ACTION: The Planning Commission considered the proposed height of the tower, and the requested relief from the 40-foot maximum height, and made the required Use Permit findings to conditionally approve the request for the 100-foot tall tower. A central component of their decision making was the fact that the proposed height would be the same as the existing tower, which to their understanding, had never received a complaint or criticism about having an adverse or detrimental impact on the public health, safety, and general welfare. The Planning Commission also discussed the potential health issues related to radio frequency energy, but acknowledged that the Federal Telecommunications Act restricted their discretion on the topic. The Planning Commission's action included 14 conditions of approval, which included landscaping and fencing around the base of the tower to help screen it from public view. REASONS FOR THE APPEAL: The appellant claims that the replacement of the existing 100-foot tower with a new 100-foot tower could have potential negative impacts on property values in the neighborhood. She also has expressed concerns related to the potential health and aesthetic impacts resulting from the tower. Finally, she believes that the community should be informed about the City's agreement or contract with the applicants. In essence, the appellant is seeking a more comprehensive discussion on the complex community issues surrounding the placement of communication towers within urban areas. Impacts on property Values: Staff researched the topic of the potential impact of communication towers on residential property values. We found two studies written in 1995 by independent professional land appraisers for a number of residential areas in the Pacific Northwest (summaries included as attachment 5). Both studies involved towers from 100-140 feet tall adjacent to or in close proximity to single-family residential neighborhoods. The focus of the studies was on the visual quality of the areas, and whether or not there was a downward trend in the sale prices of homes that could be attributed to the presence and visual impact of the towers. The conclusion of both studies was that there was no impact to property values due to their proximity to 100-140 foot tall communication towers. One of the studies indicated that the authors had prepared and reviewed thousands of residential appraisals, and that they could not recall a single incident where an appraiser adjusted the value on property for proximity to a lO0-foot tower. Other information (Illinois Real Estate Letter- attachment 5) suggests that arguments can be made that transmission towers with high voltage power lines can reduce the value of nearby property. However, this publication does not address towers that emit radio frequency energy without high power transmission lines. Even with this information, staff believes under certain circumstances, it is possible that the value of a residential property could be adversely impacted by the presence of a communication tower. For example, if such a facility was located on a typical residential lot adjacent to homes, or if one clearly obstructed a scenic viewshed, then the value of adjacent properties could be impacted. In the proposed case, the tower is replacing an existing tower on a large Civic Center property with large mature trees and other landscaping that provide generous screening. It is not on top of a ridge along the scenic western hills, nor is it hovering over nearby residences. Staff is hard- pressed to conclude that residential property values are going to be compromised or negatively impacted by the replacement of an existing tower with one of the same height. Health Risks: Even though the Council is limited in their scope of review concerning the potential health risks of radio frequency emissions, staff is providing the Council with information regarding this topic (attachment 4). This document, entitled, "Questions and Answers about Bioloqical Effects and Potential Hazards of Radiofrequency Electromaqnetic Fields", was prepared in 1999 by the Federal Communications Commission (FCC), and was designed to provide factual and unbiased information. This is a very complex topic and there are differing opinions about whether or not radiofrequency energy causes biological damage in humans, and if so, at what level of exposure does the damage occur. The report indicates that studies have shown that the levels of RF energy routinely encountered by the general public are far below levels necessary to produce biological damage. The report also indicates that RF energy can be potentially harmful in areas where humans are exposed to high-powered RF sources. It is for these sources that the FCC has established an exposure threshold. To reiterate, the proposed tower would emit less than 1% of the RF emissions threshold established by the Federal Communications Commission. Agreement/Contract: The City's agreement/contract with the applicants for the placement of the existing tower is an issue separate from the land use planning and height issue, and was not a part of the Planning Commission decision-making process. CONCLUSION: The City Police Department has been exploring alternatives for replacing the existing 100-foot tall communications tower on the Civic Center property. One of the options was to partner with Edge Wireless (AT&T) to erect a new 100-foot tall lattice tower that would accommodate the City's emergency service radio communication needs, as well as Edge Wireless cellular telephone antennas. The Planning Commission conducted a public hearing, and after discussing a wide array of issues, conditionally approved the Use Permit granting relief of the height standard for the proposed tower. This action was appealed by a concerned neighbor, who has expressed concerns about property values, health implications, and the City's pending agreement/contract with Edge Wireless. The Council's scope of review is limited by Federal law in terms of the possible environmental/health impacts resulting from radio frequency energy emitted from the tower. In addition, the focus of the Use Permit is on providing relief from the maximum height limit. Public utility facilities are an allowed use in the P-F (Public Facilities) Zoning District, but if they exceed 40-feet in height, a Use Permit must be secured. After evaluating the Planning Commission decision, exploring the issues raised by the appellant, and conducting research, staff is able to conclude that the issues surrounding the placement of communications towers in urban areas are complex and certainly controversial. Health, property value, and aesthetic impacts can be argued with passion from various perspectives. However, based on the City's limited scope of review, the fact that the proposed tower is replacing an existing tower of the same height, and the determination that the tower will not result in significant visual impacts, staff is able to conclude that the Planning Commission's decision was reasonable and appropriate. RECOMMENDATION: Conduct a public hearing and deny the appeal, sustaining the action of the Planning Commission STU L ARCHITECTS MEMBER OF THE AT&T WIRELESS NETWORK AT&T PROJECT: EDGE WIRELESS#: DATE: Ukiah Ukiah DT 264.Mend January 25, 2001 Figure 3: BEFORE FROM THE WEST NOTE: This photocopy does not provide a clear picture of what the proposed tower would look like. Original photographs will be furnished at the meeting Figure 4: SIMULATED TOWER FROM THE WEST 157 Yesler Way Suite 319 Seattle, WA 98104 Tel. 206 623 1702 Fax 206 623 1896 $ ~utpl:n~ Ouqslx2 +I April 9, 2001 Ms. Marie Ulvila, City Clerk City of Ukiah 300 Seminary Ave. Ukiah, CA 95482 Dear Ms. Ulvila: I am writing to appeal the City of Ukiah Planning Commission's 4-0 decision approving Major Use Permit #01-02 that would allow Edge Wireless to construct a 100' cellular phone tower at the City of Ukiah's Civic Center. My reason for appealing is the potential negative impact on property values in the neighborhood. At the March 28 Use Permit hearing, there was a lack of accurate legal information. The City did not present any legal information or background on issues related to the Federal Teleco~mnunications Act of 1996 which denies local and state governments from taking into account potential health effects of radio frequency radiation when deciding whether to allow construction of such towers. Edge Wireless simply told.the Cmxnnissioners that they could not use health effects as a reason for denial of the per,pit. Edge Wireless did no'[ mention recent cases in wh_ich federal dis,trict courts have ruled that cell towers do not have to be approved in residential neighborhoods. The City should tM~e the time to identify current legal issues and case law surrounding this complicated legal matter and inform the public of the precise issues involved. An appeal makes this possible. (Legal infonmation should not be supplied by the applicant to a city decision-making b,:>dy, the City's at-tomey should do so.) In addition, the community should be informed about the City's agreement or contract with Edge Wireless. Did.the City Council or public have any input on the contract? If not, they should. An appeal makes this possible as well. Finally, there should be a broader discussion within the community on potential health and aesthetic effects of the proposed cellular tower at the Ukiah Civic Center, because whether documented or simply perceived, potential impacts can affect prope~y values in the neighborhood. I look forward to a more in-depth analysis and colru'nunity debate on this issue. Sincerely, Jennifer Puser 309 Jones St. Ukiah, CA 95482 707-467-9508 ITEM NO. 8-B DATE: March 28, 2001 CITY OF UKIAH PLANNING REPORT DATE: March 28, 2001 TO: City of Ukiah Planning Commission FROM: SUBJECT: City of Ukiah Planning Department Major Use Permit No. 01-02 APPLICANT: City of Ukiah PROJECT SUMMARY: Approval of this Major Use Permit would allow the construction of a 100- foot high communications tower and an equipment building on a portion of the Ukiah Civic Center grounds. The proposed tower would replace an existing tower that is also approximately 100 feet high. The Use Permit is required to provide relief from the 40-foot maximum height standard in the Public Facilities (PF) Zoning district. The discretionary actions associated with this project are quasi-judicial in nature; therefore each decision-maker must physically and personally visit the site prior to participating in the vote to approve, disapprove or modify the project. LOCATION: The project site is located at 300 Seminary Avenue (Assessor Parcel No. 002-255- 03 and 05), which is bounded by North Oak Street, Clay Street, and Nor[h Dora Street. The proposed tower would be constructed in the patio area on the west side of the Civic Center, between the City Council chambers and the south (Public Safety) wing of the building. DEPARTMENT RECOMMENDATION: The Planning Department recommends APPROVAL of Major Use Permit No. 01-02 on the grounds that the proposed tower is consistent with the Public land use designation of the Ukiah General Plan, the use and development standards for the P-F (Public Facility) Zoning District. It is also generally consistent with the height and design of the tower it would replace. ENVIRONMENTAL DETERMINATION: The City of Ukiah's Environmental Coordinator has determined this project is exempt from the requirements of the California Environmental Quality Act (CEQA), in accordance with Categorical Exemption Section 15302, Class 2. GENERAL PLAN DESIGNATION: P (Public) ZONING: P-F (Public Facility) PROJECT DESCRIPTION: The project involves the construction of a communications tower and an equipment building to replace the existing communications tower in the same general area at the Ukiah Civic Center. 100-foot high 100-foot high The existing tower is located within one foot of the Civic Cc:nter building, in a patio area between the City Council chambers and the south wing of the building, which houses the City Police and Fire Departments. This tower is triangular in shape, with one-foot wide metal lattice panels joined together over its entire height of 100 feet. There are four fiberglass pole antennas for public agency use mounted in the highest 30 feet of this structure, as shown on Attachments 3 and 4. Tt'~is area is currently used for an outdoor break area, and is landscaped with a large evergreen tree, a lawn area, and ground cover. The proposed tower would be built with the same metal lattice panel construction as the e.xisting tower, but the bottom portion of the structure would be approximately 115 feet in area due to the use of 15-foot wide panels mounted in concrete blocks at the base. This tower would also be triangular in shape, but the mass caused by the larger panels at the bottom would decline as panel widths are gradually reduced to approximately one foot at the top of the tower (see Attachments 3 and 4). Four to five fiberglass antenna poles similar to those in use on the existing tower and two panel-style antennas would be mounted near the top of this tower. The pole antennas would be used by City agencies, including police, fire, and public utility personnel, while the antenna panels'would be reserved for cellular customer use. The equipment building would be prem'anufactured and installed on a gravel base p~'oposed for the lease area. The building would be approximately 8 feet wide, 25 feet long, and 10 feet high, and would be constructed with metal walls and vents, with an access door on the north elevation (see Attachment 5). Both the tower and the equipment building would be constructed further to the west than the existing tower to avoid the conflicts and hazards caused by the existing tower's proximity to the building's rear entrance. This designated lease area would be covered with gravel to allow easier maintenance, and would require the removal of approximately 1,500 square feot of lawn area. A six--foot high fence would be constructed around the area to provide screening, with access provided via a gate on the west side of the fence. STAFF ANALYSIS: The Planning Department's analysis is discussed below. General Plan Consistency: The proposed 100-foot tall communication tower is consistent with the goals and policies of the Ukiah General Plan Land Use Element because it is a public safety structure on the Civic Center property that would not adversely impact surrounding properties. Compliance with P-F Zone Development Standards: Planning staff has determined the proposed tower would require the approval of the proposed Use Permit application since it exceeds the 40- foot height limit in the P-F Zoning District for public safety structures. However, the building is consistent with all other applicable development standards for the P-F district, including those for setbacks and parking. Project plans do not include any lighting standards for lighting the utility yard area, but security lighting may be added to assist employees that work late with safe access to the tower base and equipment shed. Planning staff recommends that such lighting be on the ground or Iow-level wall- mount lighting that would not shine outside the fenced area or skyward. In fact, staff recommends that Condition of Approval No. 11 be required to ensure that any light standards installed in this area would be consistent with those in use on the Civic Center grounds and that the bulb wattage area of coverage does not extend beyond the lease area. Consistency with Downtown Revitalization Master Plan & Desiqn Guide: The project site is subject to Downtown design guide standards for site planning, building materials, and landscape design. A review of the project's consistency' with applicable design criteria is included below. a. Site Features: The Civic Center is not officially listed as a historic or architec[urally significant structure, but the cOnversion of the building to its current use was done in a manner designed to preserve and enhance its original Mission-style design. While the proposed tower 2 does not blend in with this design due to its height and building material, it would replace an existing tower that has been in place for many years as an integral part of police and fire agency functions in the City of Ukiah. Therefore, it is staff's opinion that the proposed tower would be consistent with Civic Center site criteria despite its lack of Spanish/mission style design. Staff also notes that a six-foot high fence would be installed for security and screening. The applicant originally proposed a chain link fence with slats to match the fence around a n(~arby outdoor generator area, but has since agreed with Planning staff that the development of a solid wood fence would be more consistent with the materials used on the Civic Center building. The applicant has not submitted a particular design for this fence, so staff recommends that the final design be subject to the approval of the Planning Director, as outlined in recommended Condition No. 12. b. Coordination with Adiacent Properties: The proposed tower would be visible to persons living on or using the commercial and Iow to medium-density residential uses located on ali sides of the Civic Center. While the appearance of the tower is not consistent with the appearance of the center or structures on the nearby properties, staff notes that it would be highly consistent with the appearance of the communications tower it would replace. In addition, the communication tower has become an integral component of the Civic Center development, and in staff's opinion, it has become an expected and accepted element on the property. c. Landscape Maintenance: Project plans do not include a landscape maintenance plan, but the regular maintenance of iandscapin~t recommended in the design guide will be performed as part of the grounds maintenance activities of Community Services staff. Planning staff concurs with this maintenance plan due to the fact fhat the e.'<tensive landscaping on the Civic Center complex is regularly maintained. The applicant also proposed to staff that one or more additionsl trees would be planted to screen the proposed maintenance building and tower, but did not wish to pinpoint a specific location until the tower was constructed since minor modifications to its location may be necessary. Therefore, staff recommends that Condition Nos. 8-10 be required to ensure that all future landscaping is approved by the Planning Director and maintained in an efficient manner. c. Buildinq Materials: The proposed tower and equipment building would utilize metal lattice panels that do not match well with the stucco wall coverings and tile roof materials used on the Civic Center building, but these materials would not be used extensively enough to cause a major inconsistency. Furthermore, the bottom portion of the tower and the equipment building would be largely screened by a solid wood fence that could be required to match the heavy wood beam construction in the affected patio area. Airport Master Plan Consistency: According to the Ukiah Municipal Airport Master Plan, the subject property is located within Land Use Compatibility Zone D (Other Airport Environs). However, this designation is for those lands that are subject to negligible risk from aircraft flying over the site, and the addition is considered a "normally acceptable use" that is not subject to density or open lands requirements. Lands in the Zone D designation are also subject to nuisance factors caused by aircraft overflights, particularly noise. In this case, such disturbances are not expected to be a major problem since the proposed tower would be unmanned. Planning staff also notes that rotating lights would be used to advertise the presence of the tower in the same manner as the existing tower, which is widely recognized by area pilots. COMMUNITY CONCERN: Staff received a note from a concerned citizen regarding the proposed communication tower (Attachment 6). Ms. Suzanne Pletcher suggests in her correspondence that the tower not be approved unless it is adequately concealed from view. It is unclear whether or not Ms. Pletcher knows that the proposed tower is very similar in size and design as the existing tower, and that it will be used primarily for public safety communica'~ions. The upgraded tower is extremely important for the City Public Safety Departments and must be situated on the Civic Center property. Staff explored possible ways to conceal the tower, but no there are no existing structures to incorporate the tower into, and creating a new structure would create additional bulk and mass. As noted above, trees will be planted to help screen the proposed maintenance building and lower portion of the tower. CONCLUSIONS: Planning Department staff is able to conclude that the proposed communications tower would be consis, tent with Ukiah General Plan goals and policies for the P (Public) land use classification and with all applicable use and development standards for the P- F (Public Facility) Zoning District. in addition, staff notes that the tower would also be generally consistent with design standards of the Downtown Revitilization Master Plan, and consistent with the existing character of the Civic Center complex. FINDINGS: The Planning Department's recommendation for the approval of Major Use Permit #01-02 is based on the following findings: . The construction of the proposed 100-foot tower, as conditioned, would be consistent with the General Plan goals and policies for development in the P (Public) land use classification, because it is a public safety improvement project on public facility grounds that will not adversely impact adjacent and surrounding properties. , The proposed tower would comply with all the development standards for the P-F (Public Facility) Zoning District except for height, and with and the design criteria for the Downtown Revitalization Master Plan area; 3. The proposed 100-foot height of the tower, which exceeds the height limit by 60-feet is reasonab!e and appropriate for the following reasons: a. It is replacin, g an existing tower that is similar in design and height, and the existing tower has not caused adverse impacts to the health and welfare of the general public. b. The tower is a very thin, narrow, and almost transparent structure that will not block views or significantly obscure the visual quality of the area. Co The Federal Aviation Administration has reviewed the proposed tower and its height, and has issued a "Determination of No Hazard to Air Navigation" statement for the project. , The proposed tower would not create hazardous or inconvenient impacts to existing vehicular or pedestrian patterns since it would not cause a substantial increase in area traffic or modifications to existing on-site traffic circulation patterns for vehicles or pedestrians; 5. The landscaping plan for the proposed tower would retain most of the existing landscaping on the project area and provide fencing to screen areas that would not be landscaped; The proposed tower would not restrict and cut out light or air on abutting parcels since it would be constructed with open metal lattice panels and would be far enough from abutting properties to limit the casting of shadows onto adjacent lots; 7. The affected areas of the project site have no substantial natural features that would be damaged or destroyed by the construction of the tower; . The proposed tower would not have a detrimental effect on the character of nearby residential homes since it would be consistent with required setbacks for development abutting residential properties and its appearance would be highly consistent with the existing communications tower on the Civic Center grounds; o The proposed tower would cause no signficant adverse environmental impacts, and is in fact exempt from the provisions of the California Environmental Quality Act, in accordance with Categorical Exemption Section 15302, Class 2; and 10. The conditional construction and operation of the proposed tower would not be detrimental to the public's health, safety and general welfare because the structure would not have excessive bulk and mass, block views, or create a significant unsightly structure that is out of character with its surroundings. CONDITIONS OF APPROVAL: The following Conditions of Approval shall be made a permanent part of Major Use Permit No. 01-02, shall remain in force regardless of property ownership, and shall be implemented in order for this entitlement to remain valid: , All use, construction, or occupancy shall conform to the application approved by the Planning Commission, and to any supporting documents submitted therewith, including maps, sketches, renderings, bUilding elevations, landscape plans, and alike. . Any construction shall comply with the "Standard Specifications" for such type of construction now existing or which may hereafter be promulgated by the Engineering Department of the City of Ukiah; except where higher standards are imposed by law, rule, or regulation or by action of the Zoning Administrator. . In addition to any particular condition, which might be imposed, any construction shall comply with all building, fire, electric, plumbing, occupancy, and structural laws, regulations and ordinances in effect at the time the Building Permit is approved and issued. 4. Applicant shall be required to obtain any permit or approval, which is required by law, regulation, or ordinance, be it required by Local, State, or Federal agency. . Building Permits shall be issued within two years after the effective date of the Use Permit, or it shall be subject to the City's permit revocation process and procedures. In the event the Building Permit cannot be issued within the stipulated period from the project approval date, a one year extension may be granted by the Director of Planning if no new circumstances affect the project which otherwise would render the original approval inappropriate or illegal, it is the applicant's responsibility in such cases to propose the one- year extension to the Planning Department prior to the two-year expiration date. o The approved Use Permit may be revoked through the City's revocation process if the approved project related to the Use Permit is not being conducted in compliance with the stipulations and conditions of approval; or if the project is not established within two years of the effective date of approval; or if the established land use for which the permit was granted has ceased or has been suspended for twenty four (24) consecutive months. . Except as otherwise specifically noted, the Use Permit shall be granted only for the specific purposes stated in the action approving the Use Permit and shall not be construed as eliminating or modifying any building, use, or zone requirements except as to such specific purposes. . A Final Landscape Plan for the areas surrounding the tower shall be approved by the Planning Director prior to the issuance of a Building Permit for the structure. This plan shall include the following: a. The location, species, and common names for all trees and other vegetation used, b. A sched;Jle of planting for all vegetation included in the plan; and c. The inclusion of trees to help screen the fencing and base structure of the tower. . Ali landscaping approved as part of the Final Landscape Plan shall be planted prior to a request for final inspection, unless the Planning Director approves an alternative planting schedule based on seasonal planting requirements or other factors that would affect the survival of the vegetation. 10. All landscaping shall be maintained in a neat, weed-free manner, and may not be removed or substantially altered unless the Director of Planning reviews and approves the remova! or replacement of vegetation determined to be diseased, unstable, hazardous, or poorly located on the site. Any vegetation removed from the site shall be replaced with similar vegetation approved by the Planning Director. 11. No exterior lighting shall be installed on the project site until the Planning Director approves a Lighting Plan that lists the style, location, wattage, and approximate area of coverage for all outdoor lighting. Lighting selected shall not project skyward or in a pattern broad enough to shine outside the immediate area of the tower. 12. A solid wood fence or other fencing material approved by the Planning Director shall be constructed prior to the final inspection of the tower. The approval of the fence shall be based on a determination by the director that the fence design and building materials are generally consistent with the design and materials in use on the Civic Center structure. 13. Hours of construction shall be limited to the hours between 7:00 a.m. to 7:00 p.m., Monday through Saturday unless additional hours of construction for special construction activities or projects are reviewed and approved by the Planning Director. 14. All conditions that do not contain a specific date or time period for completion shall be completed prior to the issuance of a Certificate of Occupancy. ATTACHMENTS: 1. Location Map 2. Site Plan 3. Comparative Photographic Elevations for Existing Tower and Proposed Tower from East 4. Comparative Photographic Elevations for Existing Tower and Proposed Tower from West 5. Photographic Elevation of Proposed Equipment Building Page 1 of 1 Ina Ford From: "Suzanne" <tpzranch@mindspring.com> To: <i n af@cityofu kiah .corn> Sent: Wednesday, March 14, 2001 10:05 AM Subject: Proposed Edge Communications Tower at civic Ms. Ford, thank you for forwarding this email to the planning commissioners for consideration at their meeting tonight. To the Planning Commissioners: Modem techniques now allow for artful concealment of communications towers, and until the Council has explored the opportunity to conceal the Edge Communications tower proposed for .construction on the Civic Center gromxds, I believe we should oppose it. I understand from an. acquaintance who works for a cellular communications company in N. Calif. that thek towers are often concealed in church steeples, in streetlight pillars, in billboards etc., a:~d concealment construction is paid for by the company. Keep the civic center uncluttered--and get a policy for towers completed pronto! --Suzarme Pletcher, 1385 Yokayo Drive., Ukiah Kirby McKague, Ukiah, UVMC representative, stated there is no existing off-site parking agreement and staff utilizes the parking area, referred to above, for convenience. It was noted the addition would eliminate one row of parking. However, parking space is available behind the Perkins Street medical facility. It was noted UVMC is confident there would be sufficient parking space available for employees. PUBLIC HEARING CLOSED: 7:18 p.m. Planning Commission Discussion: There was a brief discussion relevant to landscaping. The Commission supported staff's project analysis. ON A MOTION by Commissioner Chiles, seconded by Chairman Correll, it was carried by an all AYE voice vote of the Commissioners to approve Major Site Development Permit No. 01-01 with Findings Nos. 1-10 and Conditions of Approval Nos. 1-14, as discussed above. 8B. Major Use Permit No. 01-02, as submitted by Edge Wireless to allow the construction of a 100-foot tall metal lattice communications tower on the Civic Center grounds. Located at 300 Seminary Avenue (Assessor Parcel No. 002- 255-03) in the PF (Public Facility) Zoning District. Commissioner Puser chose to recuse herself, as she is a property owner within 300 feet of tho proposed project. Chairman Correll expressed concern that his profession could be a project conflict of interest, but chose not to recuse himself as there would be no financial detriment or gain. Staff noted the criteria for project recusal encompasses whether there is the possibility for personal financial detriment or gain. Associated Planner Lohse reported approval of Major Use Permit No. 01-02 would allow the construction of a 100-foot high communications tower and an equipment building to replace the existing 100-foot high communications tower in the same general area of the Ukiah Civic Center. A Use Permit is required to provide relief from the 40- foot maximum height standard in the Public Facilities (PF) Zoning District. Staff recommends approval of Major Use Permit No. 01-02 on the grounds the proposed communications tower is consistent with the Ukiah General Plan goals and policies for the Public land use designation, the use and development standards for the PF Zoning District, general consistency with the design standards of the Downtown Revitalization Master Plan, and the existing character of the Civic Center complex. Project approval is subject to Findings Nos. 1-10 and Conditions of Approval Nos. 1-14 and the staff report is specifically provided for and incorporated herein by reference as agenda item 8B. Mr. Lohse briefly reported on staff's analysis relevant to consistency with the Ukiah General Plan, P-F Zone Development Standards, Airport Master Plan, and the Downtown Revitalization Master Plan and Design Guide to include site features, coordination with adjacent properties, landscape maintenance, and building materials. A MINUTES OF THE PLANNING COMMISSION Page 3 March 28, 2001 project description notes the proposed tower would be triangular in shape and built with the same metal lattice panel construction as the existing tower incorporating a l-foot width on each of the legs. He noted the original plans included 15-foot wide panels, but the revised plans show the panel dimensions would be 10-feet 11-inches resulting in tower mass reduction. He further noted the shape of the tower has been modified to reflect a narrower width, particularly at the top of the tower where it reduces down to a maximum of 2 feet wide. There will be 4 fiberglass antenna poles similar to those in use on the existing tower and 2 panel-style antennas would be mounted near the top of the tower. The pole antennas would be utilized by City agencies including police, fire, and public utilities personnel and the antenna panels would be reserved for cellular customer use. The equipment building would be premanufactured and installed on a gravel base for the designated lease area. The tower and building would be constructed to the west of the existing structure and this designated lease area would be covered with gravel. Both the tower and the equipment building would be constructed further west of the existing tower. He addressed building and tower materials as well as general appearance issues. He noted a six-foot high fence would screen the bottom portion of the tower and equipment building. Mr. Lohse noted staff received one letter in opposition to the project. Planning Commission Questions to Staff: Commissioner Chiles queried whether the proposed 100-foot tower height was a necessity? He noted, in comparison, the California H!§hway Patrol tower is approximately 60-feet high. Mr. Lohse replied the 100-foot height was necessary for the benefit of the City and the public in order to cover the appropriate communication range. Chairman Correll inquired what course of action precipitated the project? Mr. Lohse stated the project was prompted by the need to replace the existing aging tower and to increase the City's communication technology. He noted the project would be mutually beneficial to the City and the public. He briefly outlined the existing tower's design and noted replacement was necessary not only for increased communication technology, but for public use and safety reasons. He noted the existing tower was not structurally sound and both the tower and antennas need maintenance. It was noted the tower would not be constructed with guy wires and would be self- standing. The tower would be established on a concrete base allowing for more security than the thin base of the existing tower. Mr. Correll inquired whether the applicant would be amenable to implementing a smaller equipment building? Mr. Lohse replied the original building plan showed the building to be smaller. However, the applicant expressed the necessity for additional storage. He noted the applicar~t might be amenable to formulating a smaller structure. MINUTES OF THE PLANNING COMMISSION Page 4 March 28, 2001 A brief discussion followed relative to the establishment of a more aesthetically pleasing building. The utility area will not be as attractive as the current courtyard, but the prr:posed fence would provide project screening. PUBLIC HEARING OPENED: 7:36 p.m. Mike Gomes, 540 Fir Crest, Ukiah, Ukiah Unified School District Board member, expressed concern that a cellular tower could be a potential health/safety detriment to individuals living, working, and attending school in the area. He stated the Ukiah Unified School District was not notified of this project. He was not in support of the project. Mark Hilliker, 618 Grove Avenue and 300 Seminary Avenue, Ukiah, City of Ukiah Firefighter, expressed concern regarding the installation of microwave towers. He provided examples of other municipalities involved in existing health/safety lawsuits relevant to the installation of microwave towers and/or similar communication towers. He recommended the project be further researched and reviewed to determine pot~;ntial health and safety effects. He supported implementation of a more efficient communication system and recommended review of an alternative approach. The fire department personnel were unaware of the exact project details until earlier this week. Jennifer Puser, 309 Jones Street, Ukiah, inquired whether the plans were drawn to scale, as the existing tower is displayed as being small in comparison to the proposed lattice tower? Staff replied the plans were drawn to scale. Ms. Puser expressed concern relevant to the potential health issue and recommended securing additional information on the health effects of implementing such a communication system. She stated health/safety information as well as information appropriately identifying the type of tower should have been included in the Planning Commission packet. She was not supportive of the building dimensions and building/fence aesthetic features. She inquired whether there were existing structures on site onto which the public safety tower could be attached? Mr. Lohse replied the aforementioned question has not been a major part of the discur'sion. He stated placement of the tower in another area or attachment to another structure is likely to create increased visible impaction. Lorie Leaf, 1105 Clay Street, Ukiah, commented on visibility and potential health issues relevant to the proposed tower. Jill Gomes, Ukiah, commented on an article from the California Public Utility Commission News Release, dated November 8, 1995. The Commission made it mandatory that cellular utilities publicly identify and/or disclose concerns about potential health problems from electro magnetic field and radio frequency exposure when siting and building new cellular towers. It urged cellular companies to choose tower sites away from schools, hospitals, and to restrict access to sites with warning signs and barriers. Alan Waters, Ukiah, Project Manager for Edge Wireless, made the distinction his company is a PCS Company and not a cellular company. He stated the project consists of an all-digital wireless communication system and his company has been instrumental MINUTES OF THE PLANNING COMMISSION Page $ March 28, 2001 in implementing such systems in various areas of the United States. He stated his company is an AT&T affiliate and all the company's systems, programs, technology, and subscription opportunities are similar to those of AT&T. He briefly introduced some of his technical staff and noted this staff would be available to answer questions and/or concerns. He noted this particular system would also benefit the health care industry and assist with those individuals medically requiring sophisticated technical communication systems. He noted his company is particularly interested in assisting with communication systems in rural areas as they are often behind in such technology. He further noted his company is concerned with mitigating visual impacts created by the systems while also maintaining the integrity and quality of the product. Edge Wireless accomplishes this task by implementing wooden poles rather than lattice towers whenever possible. Data must not be interrupted between the sender and receiver and, therefore, effective data transmission is the most important element to consider when implementing a system. He briefly elaborated on other project enhancement features in conjunction with the police department necessities. He reported the proposed tower would be self-supporting with emphasis placed on implementing the smallest tower incorporating the greatest structural benefit. He drew attention to the revised plans indicating the tower would be 10-feet, 10-,inches at the base and tapering upward such that the portion protruding above the structure should be similar to the existing structure. He elaborated on the additional features relevant to the arms holding the width antennas. Chairman Correll inquired as to the type of emissions as well as the destinations for the prospective transmissions? He further inquired whether the system would be universal and focused transmission up and down? Would the system be digital as opposed to analog? Would the system incorporate wide or narrow band? Alan Waters noted the transmissions would not be microwaw:; and there would be no system microwave component. The project is a PCS system and the radios would transmit approximately 200 watts. He noted the emissions are essentially similar to those of common florescent lights and would emit less Radio Frequency (RF) emissions than the current tower. The Federal Communications Commission (FCC), as part of the 1996 Telecommunications Act relative to PCS transmissions, has ruled in a publication called OET 65 that radio frequency transmissions cannot be used to judge zoning approvals for PCS sites. The reason being the transmission and the RF emissions are Iow. Unfortunately, PCS transmission has been classified and/or connected with electro magnetic radiation, microwave transmission and analog cellular transmission towers, which are totally different from electric lines. There was discussion relevant to the size of the tower and proposed building, which were modified. The tower would encompass a 10-foot, 10 inch spread on the legs. The shelter would be 8 feet by 14 feet, representing similar dimensions to those of other jurisdictions. These dimensions would allow for appropriate storage of the radios and other relevant equipment. Ms. Pruden addressed the project modifications and noted that such changes must be submitted timely for appropriate review. Mr. Lohse supported the changes, which include a reduced width of the panels. MINUTES OF THE PLANNING COMMISSION Page 6 March 28, 2001 Felix Van Bormann, Project Engineer, provided a lengthy scientific and in depth technological presentation of the PCS system. Essentially, there would be no health/safety hazards associated with PCS transmission, as the emissions generated would be less than utilizing a common microwave oven or sleeping under an electric blanket. He specifically identified voltage, the amount of AMPs and the amount of coverage provided by the system. He provided a brief explanation for implementing the tower at the proposed location rather than stationed on a hill. Captain Chris Dewey, City Police Department, coordinates all the communications for the City. He addressed the 100-foot height and stated the California Highway Patrol tower is 60 feet because it operates as a substation transmitting and receiving from larger towers located on surrounding hills. The project's objective is to combine the antennas utilized by the City as well as the cellular business to reduce the emissions. He noted the consultants working with the City provided the emissions information. He explained the newer technology would allow the City antennas to have reduced RF frequency transmissions. The resulting total RF transmissions from the tower including the PCS antennas would be lower than the RF frequency transmissions of the existing tower. The Planning Commission was reluctant to move forward with the discretionary review process until it could be determined no health and safety problems exist in conjunction with this particular project. Lorie Leaf inquired as to the business arrangement between the City and the applicants? Planning Director Stump was not comfortable with having to disclose the business arrangement, as it was not relevant to the Use Permit topic. Planning staff was also not well versed in this relationship and, therefore, staff would be hesitant to provide an explanation. The focus of the review is for land use purposes. Ms. Puser, Ukiah, inquired as to the applicant's contract with the City relevant to the tower should the technology become outdated. What would be the effects of implementing new technology and would there be sufficient space for such future accommodations? She reiterated even though the Use Permit concerns the tower height, it should encompass discussion pertinent to potential health and safety issues. She noted it would be difficult to rule on the project when the information discussed above was not included in the packet contents. She stated the project may contain new technology and there may be no alleged health and safety hazards, but the information should be appropriately disclosed to the public. Mr. Chiles noted the City's environmental coordinator determined the project to be exempt from CEQA requirements. Ms. Puser replied this information should have been included in the Commissioners' packet. Alan Waters stated Edge Wireless intends to construct the tower at its expense as well as provide the shelter space free of charge. His company would pay the City market rate rent for use of the space. He stated it has been ruled by the FCC that it is not legal MINUTES OF THE PLANNING COMMISSION Page '7 March 28, 2001 in a zoning hearing for placement of a tower to Consider RF emissions factors. It was ruled in this manner because of Iow- level emissions. Mr. Chiles inquired whether the applicant would be amenable to a project continuance until additional information could be formulated regarding the proposed issues discussed above. Mr. Waters was not supportive of a project continuance. It was noted if the Planning Commission approved the project, the public could appeal it. Mr. Chiles reported valid project concerns have been raised, but he felt comfortable with approving the project provided there is a Iow-level emission rate. He noted the Planning Commission does have an obligation to the public regarding disclosure of potential negative information concerning the project. Mr. Stump reported the Telecommunication Act of 1996, Section 704 allows the local jurisdictions the authority to regulate tower projects. This law requires that tower projects be subject to discretionary review as well as allowing the Use Permits to be conditioned. Should local jurisdictions deny such a project, denial must be formulated in writing based upon appropriate Findings. No local or state government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission's regulations concerning such emissions. This project cannot be regulated based upon potential environmental effects as long as it complies with the federal government's criteria for emission standards. He stated it was his understanding there would be no microwave transmission or electro magnetic emissions. These issues were the Commission's main concern relative to health and safety issues. PUBLIC HEARING CLOSED: 8:53 p.m. It was noted the Commission's concern was to specifically identify what emission would come out of the proposed tower and recommended should the emission be radio frequency, the applicant expand on this principle and/or information. Staff was comfortable with the written and verbal information received from the applicant and is confident there is no health hazard. However, the project is mainly subject to the conditions set forth by Federal law. Mr. Van Bormann reported each time an electrical current goes through a conductor, a magnetic field is generated. This magnetic field is referred to as Electro Magnetic Field (EMF). The entire EMF spectrum encompasses approximately 50 hertz. This spectrum from sound to light (ultraviolet, X-rays) has the potential to be converted and/or returned to radio waves, EMF, and/or other associated scientific aspects. These terms are often interchangeably used. However, microwave, specifically, addresses a certain band of frequencies identified in giga hertz and are normally very intense laser shots. These frequencies are so concentrated that all the power in the microwave is going down in varying degrees. Radio waves that his company utilizes operate at 1900 mega hertz, which is far below light frequency. Light is considered the most damaging of radio waves or any associated form of waves. Skin cancer, as an example, is caused from MINUTES OF THE PLANNING COMMISSION Page 8 March 28, 2001 exposure to varying degrees of ultraviolet light. He scientifically explained radio waves incorporate more powerful protons than those of sound. In simple language this broadcast communication system would essentially allow superimposed digital mechanisms to operate on radio waves at a very Iow frequency, which would not create a health hazard. The PCS system operates with radio waves and differs from cellular towers that operate by implementing directional laser beams point to point. Planning Commission Discussion: Commissioner Chiles was comfortable with the above-referenced presentation and supported moving forward with the project. Chairman Correll was also comfortable with the above-reference presentations. Commissioner Mulheren stated, aesthetically speaking, he never noticed the existing tower, as the Civic Center is actually the focus of attention. He further stated the height and width would not be an issue as the adjacent trees grow. Commissioner Pruden favored the 50 percent reduction at the base allowing for a height break extending over the roof. She expressed concern whether her project approval would violate a doctrine of public trust regarding health, safety, and welfare issues. She favored the applicant hosting a workshop on the implementation of the proposed tower prior to the public hearing. There was a brief discussion relative to tower color, fencing materials, and the actual revised tower and building dimensions. PUBLIC HEARING REOPENED: 9:01 p.m. Alan Waters reviewed the tower and building dimensions. PUBLIC HEARING CLOSED: 9:03 p.m. ON A MOTION by Commissioner Chiles, seconded by Commissioner Mulheren, it was carried by an all AYE voice vote of the Commissioners to approve Major Use Permit No. 01-02 with Findings Nos. 1-10 and Conditions of Approval Nos. 1-14, as discussed above. RECUSED: Jennifer Puser 9. DISCUSSION OF MENDOCINO COUNTY UKIAH VALLEY AREA PLAN (UVAP)-PROPOSED LAND USE DESIGNATIONS FOR PROPERTY ADJACENT TO CITY LIMITS. Planning Director Stump credited Commissioner Pruden for her monitoring of the UVAP process. It is important for the Planning Commission to understand the general ramifications regarding UVAP and how this particular land use plan for the unincorporated areas could potentially affect City borders. He drew attention to a County General Plan Land Use Map including proposed Ukiah urban boundaries. He stated the Ukiah General Plan was responsible, in part, for the County's approach to designating land. He presented a brief overview of the County land use designated changes surrounding the City's borders. One change located on the north end of town consists of MINUTES OF THE PLANNING COMMISSION Page 9 March 28, 2001 l~l~a~i?~, ~"~L~rHO~S, ~TC. 47 § 332 (4) ~o~ ~m~t ~ c~m~i~on~ ~t~lite ~ti~ ~t ~ ~ ~fls ~ of ~e ~mnn!~o~ ~ ~ ~ l~ [47 U~C~ ~ 741 a ~.] ~ ~ ~~on autho~d by ~e ~ ~ ~ ~ {47 f . , ., ($) Such watv~ ~ not permit the subsequent tlla~er ~f ~ tu ':..' ." :"' :' :",' ' (A)~~t~fi~ ~' ' .'~' ':' · '.', .. . ..' ~ ~ au~n~ ~ a ~ ~ !~ ~t or t ' ~~~~ .:', , .: .. : . (B) ~om : · .:, ". ' .. ~ · .. . . . : (iff) ~ ~'~ a ~ w ~ ~~ ~ i~ ~f denya ~u~~ ~~ or ~ ~ ~~ a~~. . .' . ..'.' , . 197 OET BULLETIN Fourth Edition 56 August 1999 INTR OD UCTION Many consumer and industrial products and applications make use of some form of electromagnetic energy. One type of electromagnetic energy that is of increasing importance worldwide is radiofrequency (or "RF") energy, including radio waves and microwaves, which is used for providing telecommunications, broadcast and other services. In the United States the Federal Communications Cormnission (FCC) authorizes or licenses most RF telecommunications services, facilities, and devices used by the public, industry and state and local governmental organizations. Because of its regulatory responsibilities in this area the FCC often receives inquiries concerning whether ~here are potential safety hazards due to human exposure to RF energy emitted by FCC-regulated transmitters. Heightened awareness of the expanding use of RF technology has led some people to speculate that "electromagnetic pollution" is causing significant risks to human health from environmental RF electromagnetic fields. This document is designed to provide factual information and to answer some of the most commonly asked questions related to this topic.~ WHAT IS RADIOFREQUENCY ENERGY? Radio waves and microwaves are forms of electromagnetic energy that arc: collectively described by the tetxn "radiofrequency" or "RF." RF emissions and associated phenomena can be discussed in terms of "energy," "radiation" or "fields." Radiation is defined as the propagation of energy through space in t'i~.e form of waves or particles. Electromagnetic "radiation" can best be described as waves of electric and magnetic energy moving together (i.e., radiating) tlrrough space as illustrated in Figure 1. These waves are ge.~erated by the movement of electrical charges such as in a conductive metal object or antenna. For example, the alternating movement of charge (i.e., the :'current") in an antenna used by a radio or television broadcast station or in a cellular base station antenna generates electromagnetic waves that radiate away from the "transmit" antenna and are then intercepted by a "receive" antenna such as a rooftop TV antenna, car radio antenna or an antenna integrated into a hand-held device such as a cellular telephone. The term "electromagnetic field" is used to indicate the presence of electromagnetic energy at a given location. The RF field can be described in terms of the el~.'~ctric and/or magnetic field strength at that location.2 Like any wave-related phenomenon, electromagnetic energy can be characterized by a wavelength and a frequency. The wavelength (~,) is the distance covered by one complete ~ Exposure to low-frequency electromagnetic fields generated by electric power transmission has also been the subject of public concern. However, because the FCC does not have regulatory authority with respect to power-line electromagnetic fields, this document only addresses questions related to RF exposure. Information about exposure due to electrical power transmission can be obtained from several sources, including the following Internet World Wide Web site: http://www.niehs.nih.gov/emfrapid 2 The term "EMF" is often used to refer to electromagnetic fields, in general. It can be used to refer to either power-line frequency fields, radiofrequency electromagnetic fields or both. electromagnetic wave cycl,2, as shown in Figure 1. The frequency is the number of electromagnetic waves passing a given point in one second. For example, a typical radio wave transmitted by an FM radio station has a wavelength of about three (3) meters and a frequency of about 100 million cycles (waves) per second or "100 MHz." One "hertz" (abbreviated "Hz") equals one cycle per second. Therefore, in this case, about 100 million RF electromagnetic waves Would be transmitted to a given point every second. ,1. Electric Field Magnetic Field Direction of Propagation FIGURE 1, Electromagnetic Wave Electromagnetic waves travel through space at ihe speed of light, and the wavelength and frequency of an electromagnetic wave are inversely related by a simple mathematical formula: frequency (f) times wavelength (~,) = the speed of light (c), or f x ~, = c. This simple equation can also be expressed as follows in terms of either frequency or wavelength: £_c or 3.-c 3. £ Since the speed of light in a given medium or vacuum does not change, high- frequency electromagnetic waves have short wavelengths and low-frequency waves have long wavelengths. The electromagnetic "spectrum" (Figure 2) includes all the various forms of electromagnetic energy from extremely low frequency (ELF) energy, with very long wavelengths, to X-rays and gamma rays, which have very high frequencies and correspondingly short wavelengths. In between these extremes are radio waves, microwaves, infrared radiation, visible light, and ultraviolet radiation, in that order. The RF part of the electromagnetic spectrum is generally defined as that part of the spectrum where electromagnetic waves have frequencies in the range of about 3 kilohertz to 300 gigahertz. One kilohertz (kHz) equals one thousand hertz, one megahertz (MHz) equals one million hertz, and one gigahertz (GHz) equals one billion hertz. Thus, when you tune your FM radio to 101.5, it means that your radio is receiving signals from a radio station emitting radio waves at a frequency of 101.5 million cycles (waves) per second, or 101.5 MHz. NON- IONIZING -> I~ IONIZING I I I Frequency ('Hertz) Energy (oV) Power Lines ITelev[slonRadl° and Microwavos I Infra-red Gamma Rays Cellular Radio 10 1~ 103 10'~ 10s 10* 107 10s 10~ 10'°10" 10~ 10u 10~'~ 10~s 10'~ 1017 10'a10'~10~ 102'1022 102310~'~ 10~s 102s FIGURE 2. The Electromagneti,: Spectrum HOW DO WE USE RADIOFREQUENCY ENERGY? t;mbably the most important use for RF energy is in providing telecommunications services to the public, industry and government. Radio and television broadcasting, cellular telephones, personal communications services (PCS), pagers, cordless telephones, busi. ness radio, radio communications for police and fire departments, amateur radio, microwave point-to-point radio links and satellite communications are just a few of the many applications of RF energy for telecommunications. Microwave ovens and radar are examples of non-communications uses of RF energy. Also important ar~z uses of RF energy in industrial heating and sealing where electronic devices generate RF radiation that rapidly heats the material being processed in the same way that a microwave oven cooks food. RF heaters and sealers have many uses in industry, including molding plastic materials, gluing wood products, sealing items such as shoes and pocketbooks, and processing food products. Them are a number of medical applications of RF energy, including a technique called diathermy, that take advantage of the ability of RF energy to rapidly heat tissue below the body's surface. Tissue heating Chyperthermia") can be beneficial in the therapeutic treatment of injured tissue and cancerous tumors (see References 17 & 18). WHAT ARE MICR 0 WA VES ? Microwaves are a specific category of radio waves that can be defined as radiofrequency radiation where frequencies range upward from several hundred megahertz (MHz) to several gigahertz (GHz). One of the most familiar and widespread uses of microwave energy is found in household microwave ovens, which operate at a frequency of 2450 MHz (2.45 GHz). Microwaves are also widely used for telecommunications purposes such as for cellular radio, personal communications services (PCS), microwave point-to-point communication, transmission links between ground stations and orbiting satellites, and in certain broadcasting operations such as studio-to-transmitter (STL) and electronic news gathering (ENG) radio lit~ks. Microwave radar systems provide :,nfor~nation on air traffic and weather :',nd are extensively used in military and police applications. In the medical field microwave devices are used for a variety of therapeutic purposes including the selective heating of tumors as an adjunct to chemotherapy treatment (microwave hyperthermia). Radiofrequency radiation, espe~zially at microwave frequencies, efficiently l-ransfers energy to water molecules. At high microwave intensities the resulting energetic water molecules can generate heat in water-rich materials such as most foods. The operation of microwave ovens is based on this principle. This efficient absorption of microwave energy via water molecules results in rapid heating throughout an object, thus allowing food to be cooked more quickly than in a conventional oven. WHAT IS NON-IONIZING RADIATION? As explained earlier, electromagnetic radiation is defined as the propa~ ttion of energy through space in the form of waves or particles. Some electromagnetic phenomena can be most easily described if the energy is considered as waves, while other phenomena are more readily explained by considering the energy as a flow of particles or "photons." This is known as the "wave-particle" duality of electromagnetic energy. The energy associated with a photon, the elemental unit of an electromagnetic wave, depends ca its frequency (or wavelength). The higher the frequency of an electromagnetic wave (and the shorter its corresponding wavelength), the greater will be the energy of a photon associated with it. The energy content of a photon is often expressed in terms of the unit "electron-volt" or "eV". Photons associated with X-rays and gamma rays (which have very high electromagnetic frequencies) have a relatively large energy content. At the other end of the electromagnetic spectrum, photons associated with low-frequency waves (such as those at ELF frequencies) have many times less energy. In between these extremes ultraviolet radiation, visible light, infrared radiation, and RF energy (including microwaves) exhibit intermediate photon energy content. For comparison, the photon energies associated with high-energy X-rays are billions of times more energetic than the energy of a 1-GHz microwave photon. The photon energies associated with the various frequencies of the electromagnetic spectrum are shown in the lower scale of Figure 2. Ionization is a process by which electrons are stripped from atoms and molecules. This process can produce molecular changes that can lead to damage in biological tissue, including effects on DNA, the genetic material. This process requires interaction with photons containing high energy levels, such as those of X-rays and gamma rays. A single quantum event (absorption of an X-ray or gamma-ray photon) can cause ionization and subsequent biological damage due to the high energy content of the photon, which would be in excess of 10 eV (considered to be the minimum photon energy capable of causing ionization). Therefore, X-rays and gamma rays are examples of ionizing radiation. Ionizing radiation is also associated with the generation of nuclear energy, where it is often s~mply referred to as "radiation." The photon energies of RF electromagnetic waves are not great enough to cause the ionization of atoms and molecules and RF energy is, therefore, characterized as non-ionizing radiation, along with visible light, infrared radiation and other forms of electromagnetic radiation with rt~latively low frequencies. It is important '.shat the te~xns "ionizing" and "non-ionizing" not be confused when discussing biological effects of electromagnetic radiation or energy, since the mechanisms of interaction with the human body are quite different. HOW ARE RADIOFREQUENCY FIELDS MEASURED ? Because an RF electromagnetic field has both an electric and a magnetic component (electric field and magnetic field), it is often convenient to express the intensity of the RF field in terms of units specific for each component. The unit "volts per meter" (V/m) is often used to measure the strength ("field strength") of the electric field, and the unit "amperes per meter" (Mm) is often used to express the strength of the magnetic field. Another commonly used unit for characterizing an RF electromagnetic field is "power density." Power density is most accurately used when the point of measurement is far enough away from the RF emitter to be located in what is commonly referred to as the "far-field" zone of the radiation source, e.g., more than several wavelengths distance from a typical RF source. In the far field, the electric and magnetic fields are related to each other in a known way, and it is only necessary to measure one of these quantities in order to determine the other quantity or the power density. In closer proximity to an antenna, i.e., in the "near-field" zone, the physical relationships between the electric and magnetic components of the field are usually comple:<. In this case, it is necessary to determine both the electric and magnetic field strengths to fully characterize the RF environment. (Note: In some cases equipment used for making field measurements displays results in terms of "far-field equivalent" power density, even though the measurement is being taken in the near field.) At frequencies above about 300 MHz it is usually sufficient to measure only the electric field to characterize the RF environment if the measurement is not made too close to the RF emitter. Power density is defined as power per unit area. For example, power density can be expressed in terms of milliwatts per square centimeter (~lW/cm2) or microwatts per square centimeter (gW/cm2). One mW equals 0.001 watt of power, and one gW equals 0.000001 watt. With respect to frequencies in the microwave range and higher, power density is usually used to express intensity since exposures that might occur would likely be in the far- field. More details about the physics of RF fields and their analysis and measurement can be found i.n References 2, 3, 8, 21, 33, 34 and 35. WHAT BIOLOGICAL ~'i~FFECTS CAN i,'iIE CAUSED BY RF ENERGY? A biological effect occurs when a change can be measured in a biological system after the introduction of some type of stimuli. However, the observation of a biological effect, in and of itself, does not necessarily suggest the existence of a biological hazard. A biological effect only becomes a safety hazard when it "causes detectable impairment of the health of the individual or of his or her offspring" (Reference 25). There are many published reports in the scientific literature concerning possible biological effects resulting from animal or human exposure to RF energy. The following discussion only provides highlights of current knowledge, and it is not meant to be a complete review of the scientific literature in this complex field. A number of references are listed at the end of this doc: ~.ment that provide further information and details concerning this topic and some recent research reports that have been published (References 1, 3, 6, 7, 9, 14, 15-19, 21, 25, 26, 28-31, 34, 36, 39-41, 47, 49 and 53). Biological effects that result from heating of tissue by RF energy are often referred to as "thermal" effects. It has been known for many years that exposure to high levels of RF radiation can be harmful due to the ability of RF energy to heat biological tissue rapidly. This is the principle by which microwave ovens cook food, and exposure to very high RF power densities, i.e., on the order of 100 mW/cra2 or more, can clearly result in heating of biological tissue and an increase in body temperature. Tissue damage in humans could occur during exposure to high RF levels because of the body's inability to cope with or dissipate · the excessive heat that could be generated. Under certain conditions, exposure to RF energy at power density levels of 1-10 mW/cm2 and above can result in measurable heating of biological tissue (but not necessarily tissue damage). The extent of this heating would depend on several factors including radiation frequency; size, shape, and orientation of the exposed object; duration of exposure; environmental conditions; and efficiency of heat dissipation. Two areas of the body, the eyes and the testes, are known to be particularly vulnerable to heating by RF energy because of the relative lack of available blood flow to dissipate the excessive heat load (blood circulation is one of the body's major mechanisms for coping with excessive heat). Laboratory experiments have shown that short-term exposure (e.g., 30 minutes to one hour) to very high levels of RF radiation (100-200 mW/cm2) can cause cataracts in rabbits. Temporary sterility, caused by such effects as changes in sperm count and in sperm motility, is possible after exposure of the testes to high-leve! RF radiation (or to other forms of energy that produce comparable increases in temperature). Studies have shown that environmental levels of RF energy routinely encountered by the general public are far below levels necessary to produce significant heating and increased body temperature (References 32, 37, 45, 46, 48 and 54). However, there may be situations, particularly workplace environments near high-powered RF sources, where recommended limits for safe exposure of human beings to RF energy could be exceeded. In such cases, restrictive measures or actions may be necessary to ensure the safe use of RF energy. In addition !:o intensity, the frequency of an RF electromagnetic wave can be important in detenv_ining how much energy is absorbed and, therefore, the potential for h;~rm. The quantity used to char;:zcterize this absorption is called O~e "specific absorption rate" or "SAR," and it is usually expressed in units of watts per kilogram (W/kg) or mill.iwatts per gram (mSV/g). In the far-field of a source of RF energy (e.g., several wavelengths distance from the source) whole-body absorption of RF energy by a standing human adult has been shown to occur at a maximum rate when the frequency of the RF radiation is between about 80 and 100 MHz, depending on the size, shape and height of the individual. In other words, the SAR is at a maximum under these conditions. Because of this "resonance" phenomenon, RF safety standards have taken account of the frequency dependence of whole-body human absorption, and the most restrictive limits on exposure are found in this frequency range (the very high frequency or "VH ~:" frequency range). Although not commonly observed, a microwave "hearing" effect has been shown to occur under certain very specific conditions of frequency, signal modulation, and intensity where animals and humans may perceive an RF signal as a buzzing or clicking sound. Although a number of theories have been advanced to explain this effect, the most widely-accepted hypothesis is that the microwave signal produces thermoelastic pressure within the head that is perceived as sound by the auditory apparatus within the ear. This effect is not recognized as a health hazard, and the conditions under which it might occur would rarely be encountered' by members of the public. Therefore, this phenomenon should be of little concern to the general population. Furthermore, there is no evidence that it could be caused by telecommunications applications such as wireless or broadcast transmissions. At relatively low levels of exposure to RF radiation, i.e., field intensities lower than those that would produce significant and measurable heating, the evidence for production of harmful biological effects is ambiguous and unproven. Such effects have sometimes been referred to as "non-thermal" effects. Several years ago publications began appearing in the scientific literature, largely overseas, reporting the observation of a wide range of low-level biological effects. However, in many of these cases further experimental research was unable to reproduce these effects. Furthermore, there has been no determination that such effects might indicate a human health hazard, particularly with regard to long.-term exposure. More recently, other scientific laboratories in North America, Europe and elsewhere have reported certain biological effects after exposure of animals ("in vivo") and animal tissue ("in vitro'~) to relatively low levels of RF radiation. These reported effects have included certain changes in the immune system, neurological effects, behavioral effects, evidence for a link between microwave exposure and the action of certain drags and compounds, a "calcium effiux" effect in brain tissue (exposed under very specific conditions), and effects on DNA. Some studies have also examined the possibility of a link between RF and microwave exposure and cancer. Results to date have been inconclusive. 'While some experimental data have suggested a possible link between exposure and tumor formatioa in animals exposed under certain specific conditions, the results have not been independently replicated. In fact, other studies have failed to find evidence for a causal link to cancer or any related condition. Further research is undecway in several laboratories to help resolve this question. In general, while the possibility of "non-thermal" biological effects may exist, whether or not such effects might indicate a human health hazard is not presently known. Further research is needed to determine the generality of such effects and their possible relevance, if any, to human health. In the meantime, standards-setting organizations and government agencies continue to monitor the latest experimental findings to confirm their validity and determine whether alterations in safety limits are needed in order to protect human health. WHAT RESEARCH IS BEING DONE ON RF BIOLOGICAL EFFECTS? For many years research into possible biological effects of RF energy has been carried out in government, academic and industrial laboratories all over the world, and such research is continuing. Past research has resulted in a very large number of scientific publications on this topic, some of which are listed in the reference section of this document. For many years the U.S. Government has sponsored research into the biological effects of RF energy. The majority of this work has been funded by the Department of Defense, due, in part, to the extensive military interest in' using RF equipment such as radar and other relatively high- powered radio transmitters for routine military operations. In addition, some U.S. civilian federal agencies responsible for health and safety, such as the Environmental Protection Agency (EPA) and the U.S. Food and Drug Administration (FDA), have sponsored and conducted research in this area in the past, although relatively little civilian-sector RF research is currently being funded by the U.S. Government. At the present time, much of the non-military research on biological effects of RF energy in the U.S. is being funded by industry organizations such as Motorola, Inc. In general, relatively more research is being carried out overseas, particularly in Europe. In 1996, the World Health Organization (WHO) established a program (the International EMF Project) designed to review the scientific literature concerning biological effects of electromagnetic fields, identify gaps in knowledge about such effects, recommend research needs, and work towards international resolution of health concerns over the use of RF technology. (see Reference 40) The WHO and other organizations maintain Internet Web sites that contain additional information about their programs and about RF biological effects and research (see list of Web sites in Table 3 of this bulletin). The FDA, the EPA and other federal agencies responsible for public health and safety are working with the WHO and other organizations to monitor developments and identify research needs related to RF biological effects. For example, in 1995 the EPA published the results of a conference it sponsored to assess the current state of lcnowledge of RF biological effects and to address future research needs in this area (Reference 53). WHAT .r~EVELS ARE SAFE FOR EXPOSURE TO RF ENERGY? Development of Exposure Guidelines Exposure standards and guidelines have been developed by various organizations and countries over the past several decades. In North America and most of Europe exposure standards and guidelines have generally been based on exposure levels where effects considered harmful to humans occur. Safety factors are then incorporated to arrive at specific levels of exposure to provide sufficient protect[on for various segments of the population. Not all standards and guidelines throughout the world have recommended the same limits for exposure. For example, some published exposure limits in Russia and some eastern European countries have been generally more restrictive than existing or proposed recommendations for exposure developed in North America and other parts of Europe. This discrepancy may be due, at least in pm't, to the possibility that these standards were based on exposure levels where it was believed no biological effects of any type would occur. This philosophy is inconsistent with the approach taken by most other standards-setting bodies which base limits on levels where recognized hazards may occur and then incorporate appropriate safety margins to ensure adequate protection. In the United States, 'although the Federal Government has never itself developed RF exposure standards, the FCC has adopted and used recognized safety guidelines for evaluating RF environmental exposure since 1985. Federal health and safety agencies, such as the Environmental Protection Agency (EPA), the Food and Drug Administration (FDA), the National Institute for Occupational Safety and Health (NIOSH) and the Occupational Safety and Health Administration (OSHA) have also been actively involved in monitoring and investigating issues related to RF exposure. For example, the FDA has issued guidelines for safe RF emission levels from microwave ovens, and it continues to monitor exposure issues related to the use of certain RF devices such as cellular telephones. NIOSH conducts investigations and health hazard assessments related to occupational RF exposure. In 1971, a federal RF radiation protection guide for workers was issued by OSHA based on the 1966 American National Standards Institute (ANSI) RF exposure standard. However, the OSHA regulation was later ruled to be advisory only and not enforceable. Presently, OSHA enforcement actions related to RF exposure of workers are undertaken using OSHA's "general duty clause," which relies on the use of widely-supported voluntary "consensus" standards such as those discussed below.3 U.S. federal, state and local governmental agencies and other organizations have generally relied on RF exposure standards developed by expert non-gover~ment organizations such as ANSI, the Institute of Electrical and Electronics Engineers (IEEE) and the National Council on Radiation Protection and Measurements (NCRP).4 For example, in 1966, 1974, and 1982, ANSI issued protection guides for RF exposure developed by conurtittees of experts. These earlier ANSI standards reconm~ended limits for exposu~'e of the p'~..blic that were the same as those recommended for exposure of workers. In 1986, the NCRP issued exposure criteria for the workplace that were the same as the 1982 ANSI recommended levels, but the NCRP also recommended more restrictive limits for exposure of the general public. Therefore, the NCRP exposure criteria included two tiers of recommended limits, one fcc the general population and another for occupational exposure. In 1987, the ANSI committee on RF exposure standards (Standards Coordinating Committee 28) became a committee of the IEEE, and, in 1991, revised its earlier standard a~:d issued its own two-tiered standa,'d that had been developed over a period of several years. 3 For information about OSHA RF-related activities and RF protection programs for workers, see the OSHA Internet Web site (case sensitive): www.osha-slc.gov/SLTC/ (select subject: "radiofrequency radiation"). 4 ANSI is a non-profit, privately funded, membership organization that coordinates development of voluntary national standards. The IEEE is :~ non-profit technical and professional engineering society. The NCRP is a non- profit corporation chartered by the U.S. Congress to develop information and recommendations concerning radiation protection. Several government agencies, including the FCC, and non-government organizations have established ~'elationships with NCRP as "Collaborating Organizations." 10 The ANSI/IEEE standards have been widely used and cited and have served as the basis for similar standards in the United States and in other countries. Both the NCRP and ANSI/IEEE guidelines were developed by scientists and engineers with a gmat deal of experience and knowledge in the area of RF biological effects and related issues. These individuals spent a considerable amount of time evaluating published scientific studies relevant to establishing safe levels for human exposure to RF energy. In addition to NCRP and ANSI/IEEE, other organizations and countries have issued exposure guidelines. For example, several European countries are basing guidelines on exposure criteria developed by the International Committee on Nonionizing Radiation Protection (ICNIRP, Reference 25). The ICNIRP guidelines am also derived from an SAR threshold of 4 W/kg (for adverse effects) and are similar to the 1992 ANSI/IEEE and NCRP recormnendations with certain exceptions. For example, ICNIRP recommends somewhat different exposure levels in the lower and upper frequency ranges and for localized exposure due to such devices as hand-held cellular telephones. Many, but not all, countries have based exposure recommendations on the same general concepts and thresholds as those used by the NCRP, ANSI/IEEE and ICNIRP. Because of differences in international standards, the World Health Organization (WHO), as part of its EMF Project (discussed earlier), has initiated a program to try and develop an international framework for RF safety standards. FCC Exposure Guidelines I,'~ 1985, the FCC adopted the 1982 ANSI guidelines for purposes of evaluating t:xposure due to RF transmitters licensed and authorized by the FCC. This decision was in response to provisions of the National Environmental Policy Act of 1969 requiring all Federal Government agencies to evaluate the impact of their actions on the "quality of the human environment.''~ In 1992, ANSI adopted the 1991 IEEE standard as an Americ~,n National Standard (a revision of its 1982 standard) and designated it ANSI/IEEE C95.1-1992fi In 1993, the FCC proposed to update its rules and adopt the new ANSI/IEEE guidelines. After a lengthy period to allow for the filing of comments and for deliberation the FCC decided, in 1996, to adopt a modified version of its original proposal.7 The FCC's The National Environmental Policy Act of 1969, 42 USC Section 4321, et seq. 6 ANSI/IEEE C95.1-1992 (originally issued as IEEE C95.1-1991), "IEEE Standard for Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz," (Reference 3). ? See Report and Order and Second Memorandum Opinion and Order and Notice of Proposed Rulemaking, ET Docket 93-62, (References 55 and 56). In 1997, the FCC released a technical bulletin entitled, "Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields," OET Bulletin 65 (Reference 57) that contains detailed information on methods for compliance with FCC guidelines. These documents can be accessed at the FCC's Web site: http://www.fcc.gov/oeffrfsafety. 11 action also fulfilled requirements of the Telecommunications Act of 1996 for adopth~g new RF exposure guidelines.~ The FCC considered a large number of comments submitted by industry, government agencies and the public. In pmficular, the FCC considered comments submitted by the EPA, FDA, NIOSH and OSHA, which have primary responsibility for health and safety in the Federal Government. The guidelines the FCC adopted were based on the recommendations of those agencies, and they have sent letters to the FCC supporting its decision and endorsing the FCC's guidelines as protective of public health. In its 1996 Order, the FCC noted that research and analysis relating to RF safety and health is ongoing and changes in recommended exposure limits may occur in the future as knowledge increases in this field. In that regard, the FCC will continue to cooperate with industry and with expert agencies and organizations with responsibilitie:; for health and safety in order to ensure that the FCC's guidelines continue to be appropriate and scientifically valid. The FCC's guidelines' are based on recommended exposure criteria issued by the NCRP and ANSI/IEEE. The NCRP exposure guidelines are similar to the ANSVIEEE 1992 guidelines except for differences in recommended exposure levels at the lower frequencies and higher frequencies of the RF spectrum. Both ANSI/IEEE and NCRP recommend two different tiers of exposure limits. The NCRP designates one tier for occupational exposure and the other for exposure of the general population while ANSI/IEEE designators exposure tiers in terms of "environments," one for "controlled" environments and the other for "uncontrolled" environments. Over a broad range of frequencies, NCRP exposure limits for the public are generally on,>fifth those for workers in terms of power density? The NCRP and ANSI/IEEE exposure criteria identify the same threshold level at which harmful biological effects may occur, and the values for Maximum Permissible Exposure (MPE) recommended for electric and magnetic field strength and power density in 8 The Telecommunications Act of 1996, enacted on February 8, 1996, required that: "Within 180 days after ~he enactment of this Act, the Commission shall complete action in ET Docket 93-62 to prescribe and make effective rules regarding the environmental effects of radio frequency emissions." See Section 70{(b) of the T~,lecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996). 9 The FCC adopted limits for field strength and power density that are based on Sections 17.4.1 and 17.4.2, and the time-averaging pro,,'isions of Sections 17.4.1.1 and 17.4.3, of "Biological Effects and Exposure Criteria for Radiofrequency Electromagnetic Fields," NCRP Report No. 86, for frequencies between 300 kHz and 100 GHz (Reference 34). With the exception of limits on exposure to power density above 1500 MHz, and limits for exposure to lower frequency magnetic fields, these MPE limits are also based on the guidelines developed by the IEF£ and adopted by ANSI. See Section 4.1 of ANSI/IEEE C95.1-1992, "Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz" (Reference 3). 12 bofll documents are based on this threshold level,l° In addition, both the ANSI/IEEE and NCRP guidelines are frequency dependent, based on findings (discussed earlier) that whole- body human absorption of RF energy varies with the frequency of the RF signal. The most restrictive limits on exposure are in the frequency range of 30-300 MHz where the human body absorbs RF energy most efficiently when exposed in the far field of an RF transmitting source. Although the ANSI/IEEE and NCRP guidelines differ at higher and lower frequencies, at frequencies used by the majority of FCC licensees the MPE limits are essentially the same regardles~ of whether ANSI/IEEE or NCRP guidelines are used. Most radiofrequency saf~-;ty limits are defined in terms of the electric and magnetic field strengths as well as in terms of power density. For lower frequencies, limits are more meaningfully expressed in terms of electric and magnetic field strength values, and the indicated power densities are actually "far-field equivalent" power density values. The latter are listed for comparison purposes and because some instrumentation used for measuring RF fields is calibrated in terms of far-field or plane-wave equivalent power density. At higher frequencies, and when one is actually in the "far field" of a radiation source, it is usually only necessary to evaluate power density. In the far field of an RF transmitter power density and field strength are related by standard mathematical equations]~ The exposure limit:; adopted by the FCC in 1996 expressed in terms of electric and magnetic field strength and power density for transmitters operating at frequencies from 300 kHz to 100 GHz are shown in Table 1. The FCC also adopted limits for localized ("pmfial body") absorption in terms of SAR, shown in Table 2, that apply to certain portable transmitting devices such as hand-held cellular telephones.~2 ~o These exposure limits are based on criteria quantified in terms of specific absorption rate (SAR). SAR is a measure of the rate at which the body 'absorbs RF energy. Both the ANSIflEEE and NCRP exposure criteria are based c.,n a determination that potentially harmful biological effect ~ can occur at an SAR level of 4 W/kg as averaged over the whole-body. Appropriate safety factors have been incorv~rated to arrive at limits for both whole-body exposure (0.4 W/kg for "controlled" or "occupational" exposure and 0.08 W/kg for "uncontrolled" or "general population" exposure, respectively) and for partial-body (localized SAR), such as might occur in the head of the user of a hand-held cellular telephone. The new MPE limits are more conservative in some cases than the limits specified by ANSI in 1982. However, these more conservative limits do not arise from a fundamental change in the SAR threshold for harm, but from a precautionary desire to add an additional margin of safety for exposure of the public or exposure in "uncontrolled' environments. See OET Bulletin 65 (Reference 57) for details. ~2 These guidelines are based on those recommended by ANSI/IEEE and NCRP. See Sections 4.2.1 and 4.2.2 of ANSI/IEEE C95.1-1992 and Section 17.4.5 of NCRP Report No. 86. For purposes of evaluation, the FCC has designated these devices as either "portable" or "mobile" depending on how they are to be used. Portable devices are normally those used within 20 centimeters of the body and must be evaluated with respect to SAR limits. Mobile devices are normally used 20 c,mtimeters or more away from the body and can be evaluated in terms of either SAR or field intensity. Detailed information on FCC requirements for evaluating portable and mobile devices can be found in OET Bulletin 65 and in the FCC's Rules and Regulations, 47 CFR 2.1091 and 2.1093. 13 Time Averaging of Exposure The NCRP and ANSI/IEEE exposure criteria and most other standards specify "time-averaged" MPE limits. This means that it is permissible to exceed the recommended limits for short periods of time as long as the average exposure (over the appropriate period specified) does not exceed the limit. For example, Table 1 shows that for a frequency of 100 MHz the recommended power density limit is 1 mW/cm2 with an averaging time of six minutes (any six-minute period) for occupational/controlled exposure. The time-averaging concept can be illustrated as follows for exposure in a workplace environment. The sum of the product (or products) of the actual exposure level(s) multiplied by the actual time(s) of exposure must not be greater than the allowed (average) exposure limit times the specified averaging time. Therefore, for 100 MHz, exposure at 2 mW/cm2 would be permitted for three minutes in any six-minute period as long as during the remaining three minutes of the six-minute period the exposure was at or near "zero" level of exposure. Therefore, in this example: (2 mW/cm2) X (3 min.) + (0 mW/cm2) X (3 min.) = (1 mW/cm2) X (6 min.) Of course, other combinations of power 4ensity and time are possible. It is very important to remember that time averaging of exposure is only necessary or relevant for situations where temporary exposures might occur that are in excess of the absolute limits for power density or field strength. These situations usually only occur in wo:kplace envia'onments where exposure can be monitored and controlled. For general population/uncontrolled exposures, say in a residential neighborhood, it is seldom possible to have sufficient information or control regarding how long people are exposed, and averaging of exposure over the designated time period (30 minutes) is normally not al',propriate. For such public exposure situations, the MPE limits no~rnally apply for continuous exposure. In other words, as long as the absolute limits are not exceeded, indefinite exposure is allowed. Induced and Contact Currents In addition to limits on field strength, power density and SAR, some standards for RF exposure have incorporated limits for currents induced in the human body by RF fields. For example, the 1992 ANSI/IEEE standard (Reference 3), includes specific restrictions that apply to "induced" and "contact" currents (the latter, which applies to "grasping" contact, is more related to shock and burn hazards). The limits on RF currents are based on experimental data showing that excessive SAR levels can be created in the body due to the presence of these currents. In its 1996 Order adopting new RF exposure guidelines the FCC declined to adopt limits on induced and contact currents due primarily to the difficulty of reliably determining compliance, either by prediction methods or by direct measurement. However, the FCC may reconsider this decision in the future because of the development of new instrumentation and analytical techniques that may be more reliable indicators of exposure. 14 Table 1. FCC Limits for Maximum Permissible Exposure (MPE) (A) Limits for Occupational/Controlled Exposure Frequency Electric FieldMagnetic Field Power Density Averaging Time Range Strength (E) Strength (H) (S) I E 12, IH 12 or S (MHz) (V/m) (A/m) (mW/cm2) (minutes) 0.3-3.0 614 1.63 (100)* 6 3.0-30 1842/f 4.89/f (900/f2)* 6 30-300 61.4 0.163 1.0 6 300-1500 .... f/300 6 1500-100,000 .... 5 6 (B) Limits for General Population/Uncontrolled Exposure Frequency Electric FieldMagnetic Field Power Density Averaging Time Range Strength (E) Strength (H) (S) [E 12, IH 12 or S (MHz) (V/m) (A/m) (mW/cra2) (minutes) 0.3-1.34 614 1.63 (100)* 30 1.34-30 824/f 2.19/f (180/f2)* 30 30-300 27.5 0.073 0.2 30 200-1500 .... f/1500 30 1500-100,000 .... 1.0 30 f = frequency in MHz *Plane-wave equivalent power density NOTE 1: Occupational/controlled limits apply in situations in which persons are exposed as a consequence of their employment provided those persons are fully aware of the potential for exposure and can exercise control over theft exposure. Limits for occupational/controlled exposure also apply in situations when an individual is transient through a location where occupational/controlled limits apply provided he or she is made aware of the potential for exposure. NOTE 2: General population/uncontrolled exposures apply in sirt~ations in which the general public may be exposed, or in which persons that are exposed as a consequence ~;~5 their employment may not be f~lly aware of the potential for exposure or can not exercise control over their exposure. 15 Table 2. FCC Limits for Localized (Partial-body) Exposure Specific Absorption Rate (SAR) Occupational/Controlled Exposure (100 kHz - 6 GHz) < 0.4 W/kg whole-body < 8 W/kg partial-body General Uncontrolled/Exposure (100 kHz - 6 GHz) < 0.08 W/kg whole-body < 1.6 W/kg partial-body WHY HAS THE FCC ADOPTED GUIDELINES FOR RF EXPOSURE? The FCC authorizes and licenses devices, transmitters and facilities that generate RF and microwave radiation. It has jurisdiction over all transmitting services in the U.S. except those specifically operated by the Federal Government. However, the FCC's primary jurisdiction does not lie in the health and safety area, and it must rely on other agencies and organizations for guidance in these matters. Under the National Environmental Policy Act of 1969 (NEPA), the FCC has certain responsibilities to consider whether its actions will "significantly affect the quality of the human environment."' Therefore, FCC approval and licensing of transmitters and facilities must be evaluated for significant impact on the environment. Human exposure to RF radiation emitted by FCC-regulated transmitters is one of several factors that must be considered in such environmental evaluations. Major RF transmitting facilities under the jurisdiction of the FCC, such as radio and television broadcast stations, satellite-earth stations, experimental radio stations and certain cellular, PCS and paging facilities are required to undergo routine evaluation for RF compliance whenever an application is submitted to the FCC for construction or modification of a transmitting facility or renewal of a license. Failure to comply with the FCC's RF exposure guidelines could lead to the preparation of a formal Eavironmental Assessment, possible Environmental Impact Statement and eventual rejection of an application. Technical 16 5-"/7 guidelines for evaluating compliance with the FCC RF safety requirements can be found in the FCC's OET Bulletin 65 (Reference 57). Low-powered, intermittent, or inaccessible RF transmitters and facilities are normally "categorically excluded" from the requirement for routine evaluation for RF exposure. These exclusions are based on calculations and measurement data indicating that such transmitting stations or devices are unlikely to cause exposures in excess of the guidelines under normal conditions of use.~3 The FCC's policies on RF exposure and categorical exclusion can be found in Section 1.1307(b) of the FCC's Rules and Regulations.14 It should be emphasized, however, that these exclusions are not exclusions from compliance, but, rather, only exclusions from routine evaluation. Furthermore, transmitters or facilities that are otherwise categorically excluded from evaluation may be required, on a case-by-case basis, to demonstrate compliance when evidence of potential non-compliance of the transmitter or facility is brought to the Commission's attention [see 47 CFR § 1.1307(c) and (d)]. The FCC's policies with respect to environmental RF fields are designed to ensure that FCC-regulated transmitters do not expose the public or workers to levels of RF radiation that are considered by expert organizations to be potentially harmful. Therefore, if a transmitter and its associated antenna are regulated by the FCC, they must comply with provisions of the FCC's rules regarding human exposure to RF radiation. In its 1997 Order, the FCC adopted a provision that all transmitters regulated by the FCC, regardless of whether they are excluded from routine evaluation, are expected to be in compliance with the new guidelines on RF exposure by September 1, 2000 (Reference 56). In the United States some local and state jurisdictions have also enacted rules and regulations pertaining to human exposure to RF energy. However, the Telecommunications Act of 1996 contained provisions relating to federal jurisdiction to regulate human exposure to RF emissions from certain transmitting devices.. In particular, Section 704 of the Act states that, "No State or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission's regulations concerning such emissions." Further information on FCC policy with respect to facilities siting is available in a factsheet from the FCC's Wireless Telecommunications Bureau.15 ~3 The Council on Environmental Quality, which has oversight responsibility with regard to NEPA, permits federal agencies to categorically exclude certain actions from routine environmental processing when the potential for individual or cumulative environmental impact is judged to be negligible (40 CFR §§ 1507, 1508.4 and "Regulations for Implementing the Procedural Provisions of NEPA, 43 Fed. Reg. 55,978, 1978). ~4 47 Code of Federal Regulations 1.1307(b). ~5 "Fact Sheet 2", September 17, 1997, entitled, "National Wireless Facilities Siting Policies," from the FCC's Wireless Telecommunications Bureau. This factsheet can be viewed and downloaded from the bureau's Internet World Wide Web Site: http://www.fcc.gov/wtb/. 17 -'o: Char'ey Stump City of Ukiah Planning Dept. From: Joe Chiles Information on. Hmnan Exposure To Radiofre... From Cellular and PCS Radio Transmitters http://www, fcc.gov/oet/rfsafety/cellpcs.htrrd FEDERAL COMMUNICATIONS COMMISSION OFFICE OF ENGINEERING & TECHNOLOGY WASHINGTON, D.C. 20554 January 1998 INFORMATION ON HUMAN EXPOSURE TO RADIOFREQUENCY FIELDS FROM CELLULAR AND PCS RADIO TRANSMITTERS 1 of 4 (1) Cellular and PCS base stations Radiofrequencies constitute part of the overall electromagnetic spectrum. Cellular communications systems use frequencies in the 800-900 megahertz (MHz) portion of the radiofrequency (RF) spectn !m (frequencies formerly used for UHF-TV broadcasting), and transmitters in the Personal Communications Service (PCS) use frequencies in the range of 1850-1990 Mttz. Primary antennas for cellular and PCS transmissions are usually located on towers, water tanks and other elevated structures including rooftops and the sides of buildings. The combination °fantennas associated electronic equipment is referred to as a cellular or PCS base station" or "cell site." Typical heights for base station towers or structures are 50-200 feet. A typical cellular base station may utilize several "omni-directioi.~al" antennas that look like poles or whips, 10 to 15 feet in length. PCS (and also many cellular) base stations use a number of"sector" antennas that look like rectangular panels. The dimensions of a sector antenna are typically 1 foot by 4.feet. Antennas are usually arranged in three groups of three with one antenna in each group used to transmit signals to mobile units (car phones or hand-held phones). The other two antennas in each group are used to receive signals from mobile units. The Federal Communications Commission (FCC) authorizes cellular and PCS carriers in various service areas around the country. At a ceil'site, the total RF power that could be transmitted from each transmitting antenna at a cell site depends on the number of radio channels (transmitters) that have been authorized and the power of each transmitter. Typically, for a cellular base station, a maximum of 21 channels per sector (depending on the system) could be used. Thus, for a typical cell site utilizing sector antennas, each of the three transmitting antennas could be connected to up to 21 transmitters for a total of 63 transmitters per site. When omi-directional antennas are used, up to 96 transmitters could be implemented at a cell site, but this would be very unusual. While a typical base station could have as many as 63 transmitters, not all of the transmitters would be expected to operate simultaneously thus reducing overall emission levels. For the case of PCS base stations, fewer transmitters are normally required due to the relatively greater number of base stations. Although the FCC permits an effective radiated power (ERP) of up to 500 watts per channel (depending on the tower height), the majority of cellular base stations in urban and suburban areas operate at an ERP of 100 watts per channel or less. An ERP of 100 watts corresponds to an actual radiated power of 5-10 watts, depending on the type of antenna used (ERP is not equivalent to the power that is radiated but is a measure of the directional characteristics of the antenna). As the capacity cfa system is expanded by dividing cells, i.e., adding additional base stations, lower ERPs are normally used. In urban areas, an ERP of 10 watts per channel (corresponding to a radiated power of 0.5 - 1 watt) or less is commonly used. For PCS base stations, even lower radiated power levels are normally used. 5---/7 03/29/2001 12:30 PM v: ,..,-~ '- ?~ ~':'~ "~-3 ~ ':y o' ~ < an :-' ann~ng Dep":. =-rom: ,.'ce Ch:,Ies Infor~ration {:,:n ~turrtan 1;xposttrc %: :.~tct.ofre... Frcm C~llular and PCS Rad/o Transmitters http://www, fcc.gov/oet/rfsafety/cellpcs.html 2 of 4 Thc signal t~om a cellular or PCS base station antenna is essentially directed toward the horizon in a relatively narrow beam in the vertical pl.ane. For example, the radiation pattern for an omi-directional antenna might be compared to a thin doughnut or pancake centered around the antenna while the pattem for a sector antenna is fan-shaped, like a wedge cra from a pie..is with all forms of electromagnetic energy, the power density from a cellular or PCS transmitter decreases rapidly (according to an inverse square law) as one moves away from the antenna. Consequently, normal ground-level exposure is much less than exposures that might be encountered if one were very close to the antenna and in its main transmitted beam. Measurements made near typical cellular and PCS installations have shown that ground-level power densities are well below limits recormnended by RF/microwave safety standards. In 1996, the FCC adopted updated guidelines for evaluating human exposure to radiofrequency (RF) fields from fixed transmitting antennas such as those used for cellular radio and PCS base stations1. The new guidelines for cellular and PCS base stations are identical to those recommended by the National Council on Radiation Protection and Measurements (NCRP)2. These guidelines are also similar to the 1992 guidelines recommended by the American National Standards Institute and the Institute of Electrical and Electronics Engineers (ANSI/IEEE C95.1. 1992)~. The FCC adopted guidelines for hand-held RF devices, such as cellular and PCS phones, that are the same as those recommended by the ANSI/IEEE and NCRP guidelines (see later discussion). In the case of cellular base station transmitters, at a frequency of 869 MHz (the lowest frequency used), the FCC's RF exposure guidelines recommend a maximum permissible exposure level of the general public (or exposure in "uncontrolled" environments) of about 580 microwatts pez' square centimeter (pW/cm2), as averaged over any thirty-minute period. This limit is many times greater than RF levels typical found near the base of typical cellular towers or in the vicinity of other, lower-powered cellular base station transmitters. For example, measm ~ment data obtained from various sources have consistently indicated that "worst-case" ground-level power &~nsities near typical cellular towers are on the order of 1 lzW/cm2 or less (usually significantly less). Calculations corresponding to a "worst-case" situation (all transmitters operating simultar:eously and continuously at the maxhnum licensed power) show that in order to be exposed to levels near the FCC's limits for qellular.freq~encies, an individual would e_essentially have to re~nain in the main transmitting beam (at the height of the antenna) mM within a few ~eet from the ant___enn._.a: ~is~na_kes it e~remely tinlikely tl~at a member ~)ft~t-al publ'ic C°ulri be ~xposed to ~,~ levels i~ -~ excess of these guidelines from cellular base station transmitters. For PCS base station transmitters, the same type of analysis holds, except that at the PCS transmitting frequencies (1850-1990 MHz) the FCC's exposure limits for the public are 1000 laW/em2. Therefore, there would typically be an even greater margin of safety between actual public exposure levels and the recognized safety limit. When cellular and PCS antennas are mounted at rooftop locations it is possible that RF levels greater than 1 pW/cm2 could be present on the rooftop itself. This might become an issue if the rooftop were accessible to maintenance personnel or others. However, exposures approaching or exceeding the safety guidelines are only likely to be encountered very close to and directly in front of the antennas. Even ifRF levels were to be higher than desirable on a rooftop, appropriate restrictions could be placed on access. Factoring in the time-averaging aspects of safety standards could also be used to reduce potential exposure. The fact that rooftop cellular and PCS antennas usually operate at lower power levels than antennas on free-standing towers makes excessive exposure conditions on rooftops even less likely. This reason and the significant signal attenuation of a building's roof also minimizes any chance for harmful exposure ofpersor~s living or working within the building itself. (2) Mobile (vehicle-mounted) antennas Vehicle-mounted antennas used for cellular communications normally operate at a power level of 3 watts or less. These cellular antennas are typically mounted on the roof, on the trunk, or on the rear window cfa car or truck. Studies have shown that in order to be exposed to RF levels that approach the safety guidelines it would be necessary to remain very close to a vehicle-mounted cellular anterma. For example, a study done for AT&T Bell Laboratories by the University of Washington documented typical and "worst-case" exposure levels and specific absorption rates (SAR) for vehicle occupants and persons standing close to vehicle-mounted cellular antennas. Worst-case exposure conditions were considered when an individual was at the closest possible distance from the antenna. Several 03/29/2001 12:30 PM ~.. ~, -.~: ::: ~ o:. ::' --/:7 c~ ~ 4. ~:. ~ ~,. ~nn nc Dept. :-'rom: ,~oe Chi!es [~£orn:.ation ,c,n ]-lu~ ~n ]:'.X]~OStL[c t:<: :~La:Jx,fi'e... F~J'cm C~l]ulaz and PCS Radio ?ransmitters http://~rw, fcc. gov/oet~ffsafety/c ellpc s. htm] 3 of 4 co~zfig:urations were test¢cl z~.sing adult and child "phantom" models. The results of this study showed that the highest exposure (1900 pW/cm2) occurred with a female model at a distance of 9.7 cm (3.8 inches) from one of the antennas operating at a power level of 3 watts. Although this level is nominally in ::.xcess of the FCC's exposure limits for power density at this frequency, analysis of the data indicated that the antenna would have to be driven to 7 W of power before the limit for specific absorption rate (SAR) allowed by the FCC guidelines would be exceeded. The intermittent nature of transmission and the improbability that a person would remain so close to the antenna for any length of time further reduces the potential for excessive exposure. The University of Washington study also indicated that vehicle occupants are effectively shielded by the metal body. Motorola, Inc., in comments filed with the FCC, has expressed the opinion that proper installation cfa vehicle-mounted antenna to maximize the shielding effect is an effective way of limiting exposure. Motorola and olher companies have recommended antenna installation either in the center of the roof or the center of the trunk. In response 'to concerns expressed over the commonly-used rear-window mounted cellular antennas, Motorola has recommended a minimum separation distance of 30-60 cm (1 -2 feet) to minimize exposure to vehicle occupants resulting from antenna mismatch for this type of anteIma installation. In summary, from data gathered to date, it appears that properly installed, vehicle- mounted, personal wireless transceivers using up to 3 watts ofpo~ver would result in maximum exposure levels in or near the vehicle that are well below the FCC's safety limits. This assumes that the transmitting antenna is at least 15 crn (about 6 inches) or more from vehicle occupants. Time-averaging of exposure (either a 6 or 30 minute period is specified) will usually result in still lower values when compared with safety guidelines. (3) Hand-held cellular telephones and PCS 6.evices A question that often arises is whether there may be potential health risks due to the RF emissions from hand-held cellular telephones and PCS devices. The FCC's exposure guidelines, and the ANSI/IEEE and NCRP guidelines upon which they are based, specify limits for human exposure to RF emissions from hand-held RF devices in terms of specific absorption rate (SAR). For exposure of the general public, e.g., exposure of the user cfa cellular or PCS phone, the SAR limit is an absorption threshold of 1.6 watts/kg (W/kg), as measured ow.:r any one gram of tissue. Measurements and computational analysis of SAR in models of the human head and other studies of SAR distribution using hand-held cellular and PCS phones have shown that, in general, the 1.6 W/kg limit is unlikely to be exceeded under normal conditions of use. Before FCC approval can be granted for marketing cfa cellular or PCS phone, compliance with the 1.6 W/kg limit must be demonstrated. Also, testing of hand-held phones is normally done under conditions of maximum power usage. In reality, normal power usage is less and is dependent on distance of the user from the base station transmitter. In recent years publicity, speculation and concern over claims of possible health effects due to RF fields from hand-held wireless telephones prompted industry-sponsored groups, such as Wireless Technology Research, L.L.C. (WTR) and Motorola, Inc., to initiate research programs aimed at investigating whether there is any risk to users of these devices. Past studies carried out at frequencies both higher and lower than those used for cellular and PCS phones have led expert organizations to conclude that typical RF exposures from these devices are safe. However, the Federal Government is monitoring the results of the ongoing industry-sponsored research through an inter-agency working group led by the EPA and the FDA's Center for Devices and Radiological Health. In a 1993 "Talk Paper," the FDA stated that it did not have enough information at that thne to rule out the possibility of risk, but if such a risk exists "it is probably small." The FDA concluded that there is no proof that cellular telephones can be harmful, but if individuals remain concerned several precautionary actions could be laken. These included limiting conversations on hand-held cellular telephones to those that are essential and making greater use of telephones with vehicle-mounted antennas where there is a greater separation distance between the user and the radiating structure. 03/29/2001 12:30 PM -o: ,:;nar ey .Stum; Ci':Y o= '~'kiah ~'anning Dept. From: Joe Chiles Information on. Hurrtan Exposure :?c. RadLc,fi'e... Frcm Cellular and PCS Radio Transmitters http:llwww, fcc.gov/oet/tisafety/cellpcs.htm] NOTE: For more infom~ation on these and other RF-related topics, you may call the FCC's toll-free number: 1-888-CALL FCC (1-888-225-5322) or contact the FCC's RF Safely Program, in the Office of Engineering and Technology, at (202) 418-2464. Information is also available at the FCC's Office of Engineering and Technology World Wide Web Site under the "RF Safety" heading at the following address: http://www.fcc.gov/oet/rfsafety/. Endnotes: 1. FCC Report and Order in ET Docket 93-62, 61 Federal Register 41006 (August 7, 1996); 11 FCC Record 15123 (1997). See also, FCC Second Memorandmn Opinion and Order, ET Docket 93-62, 62 Federal Register 47960 (September 12, 1997), 12 FCC Record 13494 (1997). For more information on these documents contact the FCC's toll-free number: 1-888-CALL FCC (1-888-225-5322). They may also be viewed and downloaded at the FCC's Office of Engineering and Technology World Wide Web Site under the "RF Safety" heading at the following address: www.fcc.gov/oet/rfsafety. The FCC's RF exposure guidelines are based on recommendations made to the FCC by U.S. federal safety and health agencies such as the Environmental Protection Age~: ?y (EPA), the Food and Drug Administration (FDA), the National Institute for Occupational Safety and Health (NIOSH) and the Occupational Safety and Health Administration (OSHA). 2. The NCRP is a non-profit corporation chartered by congress to develop information and recommendations concerning radiation protection. 3. The American National Standards ~stitute is a non-profit, privately-funded, membership organization that coordinates development of voluntary national standards in the United States. The IEEE is a non-profit technical and professional engineering society. 4 of 4 03/29/2001 12:30 PM Register, issued on March 29, 1996. For more information on the use of federal property to site wireless antenna facilities, please contact James Herbert, Office of Property Acquisition and Realty Services, Public Building Service, General Services Adnfinistration, at (202) 501-0376, or write to GSA at 18th & F Streets, NW, Washington, DC 20405. Section 704 also mandated the Commission to provide technical support to states in order to encourage tl~ :~m to make property, rights-of-way and easements under their jurisdiction available for the placement of new spectrum-based telecommunications services. For more information on how the Commission can be of assistance to the state and local governments in this area, please contact Steve Markendorff, Chief of the Broadband Branch, Commercial Wireless DiviSion, Wireless Telecommunications Bureau, at (202) 418-0620, or fax (202) 418-1412, or email "smarkend~fcc.gov." RADIOFREQUENCY (ltF) EMISSIONS 16. Does Section 704preempt state and local governments from basing regulation of the placement, construction or modification of personal wireless facilities directly or indirectly on the environmental effects of RF emissions? Answer: Yes. Section 704 states that "No State or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission's regulations concerning such emissions." 17. tlave any studies been conducted on potential health hazards of locating an antenna structures close to residential corem unities? Answer: Many governmental agencies, scientists, engineers and professional associations have conducted studies of exposure levels due to RF emissions from cellular transmitter facilities. These levels have been found to be typically thousands of times below the levels considered to be safe by expert entities such as the Institute of Electrical and Electronics Engineers, Inc. (IEEE), and the National Council on Radiation Protection and Measurements (NCRP), as reflected in the Commission's rules governing RF emissions. 18. Has the Commission adopted new guidelines for evaluating RF exposures? Answer: Yes. In light of revised guidelines developed by the Institute of Electrical and Electronics Engineers, Inc. and adopted by the American National Standards Institute in 1992 (ANSI/IEEE C95.1-1992), the Commission initiated a proceeding in 1993 to determine whether the Commission should adopt these guidelines to replace the 1982 ANSI guidelines. Section 704 of the 1996 Act required the Commission to complete this rulemaking proceeding (ET Docket 93-62) and have in place revised RF exposure guidelines by August 7, 1996. The Commission adopted a Report and Order, FCC 96-326, on August 1, 1996, which revised the guidelines that 12 the Commission will use to evaluate the environmental effects of transmitters licensed or authorized by the Commission. The new guidelines governing transmitter facilities become effective January 1, 1997. Guidelines governing equipment authorization become effective immediately. 19. How do the new guidelines differ from the existing guidelines used by the Commission? Answer: The new guidelines are based on recommendations from the public, including federal health and safety agencies, such as the Environmental Protection Agency (EPA) and the Food and Drug Administration (FDA). These agencies recommended that we adopt elements of both the 1992 revision of the ANSI standard and the exposure criteria recommended by the National Council on Radiation Protection and Measurements. In certain respects the new guidelines are more stringent than those used previously by the Commission. For example, exposure limits allowed for the general public are stricter with respect to exposure from building-mounted and tower-mounted transmitting antennas as well as from hand-held devices such as cellular telephones. 2O. Which federal agencies made reco~ ~mendations to the Cotnmission that formed a basis for the final rules? Answer: While Congress vested the Commission with the authority and responsibility for regulating the environmental effects of RF emissions, four key federal agencies with responsibility for health and safety filed comments in this proceeding and made specific recommendations. These agencies were the Environmental Protection Agency (EPA), the Center for Devices and Radiological Health (CDRH) of the Food and Drug Administration (FDA), the National Institute for Occupational Safety and Health (NIOSH) and the Occupational Safety and Health Administration (OSHA). In adopting the new guidelines, the Commission paid considerable deference to the recommendations of these federal agencies, and these agencies have reaffn-rned their support for the Commission's action with letters which are part of the record in this docket. 21. What is the American National Standards Institute? Answer: The American National Standards Institute (ANSI) is a non-profit, privately funded membership organization that coordinates the development of voluntary national standards in the United States. ANSI, based in New York, New York, has a membership composed of over 1200 companies, 250 professional, technical, trade, labor and consumer organizations, and approximately 30 government agencies. ANSI and IEEE standards are often recognized by many government agencies and organizations in both the United States and abroad. 22. What is the Institute of Electrical and Electronics Engineers, Inc? The Institute of Electrical and Electronic Engineers (IEEE) is the world's largest technical 13 professional society comprised of over 320,000 engineers throughout the world. IEEE is a non- profit organization that promotes the development and application of electrotechnology and applied sciences for the benefit of humanity, the advancement of the profession and the well being of its members. The technical objectives of the IEEE focus on advancing the theory and practice of electrical, electronics and computer engineering, and computer science. IEEE standards are voluntary and these documents are developed within the Technical Committees of the IEEE Societies and the Standards Coordinating Committees of the IEEE Standards Board. Members of these committees serve voluntarily and without compensation and may or may not be members of the institute. The standards developed within the IEEE represent a consensus of the broad expertise on the subject within the Institute as well as those activities outside the IEEE that have expressed an interest in participating in the development of the standard. 23. What is the National Council on Radiation Protection and Measurements? Answer: The National Council on Radiation Protection and Measurements (NCRP) is a non- profit organization chartered by the United States Congress to provide government, the public, and industry with recommendations and guidance concerning hmr~'~.n exposure to ionizing and non-ionizing radiation. The Commission, along with other govermnent agencies and organizations, has an official relationship with NCRP as a "collaborating organization." 24. How will antenna sites be evaluated for RF exposure? Answer: Antenna sites will be evaluated for compliance with limits for maximum permissible exposure (MPE) if they meet the criteria based on operating power, location, or height above ground set forth in Table 1 in the new Section 1.1307 of the Commission's rules. Under the rules, all sites are required to comply with the new MPE limits, but only certain sites are required to undergo environmental evaluation. The rules provide specific guidelines and procedures for such evaluation. 25. Some carriers say their facilities are "categorically excluded"from compliance. What does that mean? Answer: In the past, the Commission categorically excluded certain radio services, including cellular, land mobile services, and others, from routine environmental evaluation requirements. Categorical exclusions are allowed under the National Environmental Policy Act if such facilities are determined, individually or collectively, to have no significant impact on the quality of the human environment. This does not mean, however, that such facilities do not have to meet the Commission's guidelines for exposure to RF emissions. Rather, it means that certain facilities will normally be assumed not to exceed the applicable MPE limits, and do not have to demonstrate compliance routinely. 14 Under the new rules, the Commission has changed the ways it determines which facilities should be categorically excluded. Instead of exempting whole services, the categorical exclusions are now based on the operating power, location, or accessibility of an individual facility. Thus, the categories requiring environmental evaluation have been changed to include some facilities which were previously categorically excluded and to categorically exclude others which were previously included. Table 1 in the new Section 1.1307 of the Conunission's rules identifies those facilities that are subject to routine environmental evaluation. Thus, under the new rules which apply to cellular, PCS, and paging, as well as other services, some of a carrier's facihties may be categorically excluded, while others are subject to routine environmental evaluation. It is important to note that if the Commission receives evidence that a particular facility or equipment may not be in compliance with the MPE or specific absorption rate (SAR) limits, the Commission can require that the operator of such facility or the manufacturer of such device demonstrate compliance, even if it is otherwise categorically excluded. 26. How can I obtain a copy of the new Commission rules adopting the revised RF exposure guidelines? Answer: PART II of this Fact Sheet #2 sets forth the most relevant Commission rules governing RF emissions. Paper copies of the Commission's Report and Order which adopted these new guidelines can be obtained from the Commission's duplication contractor, International Transcription Service (ITS), 2100 M Street, N.W., Suite 140, Washington, DC 20037, at (202) 857-3800. An electronic version of the Report and Order is also available from the Internet on the Commission's Office of Engineering and Technology (OET) homepage at http://www.fcc.gov/oet. Under the section entitled "Headlines," click on the sentence concerning RF guidelines. The text of a press release and the complete Report and Order can be accessed this wa3,. 2 7. How can I obtain additional information about RJr safety and standards? Answer: The Commission's Office of Engineering and Technology (OET) provides technical bulletins and fact sheets that address these issues. These documents are available by mail upon request to the OET's RF Svfety Information Line at (202) 418-2464. Additionally, the Commission's Compliance and Information Bureau maintains a Communications and Crisis Management Center which is staffed 24 hours a day, seven days a week. In the event of an emergency, such as a radiofrequency hazard threatening public safety or health, the public can call (202) 632-6975, or fax (202) 418-2813, or e-mail "dprescot~fcc.gov." The watch officer who answers at that number can contact the Commission's staff in the affected area and dispatch them within a matter of hours. For more general background information on the health and safety issues related to electromagnetic fields and biological effects, you may also call the Environmental Protection Agency's Electromagnetic Field (EMF) information line at 1-800-363-2383. 15 LAM]B HANSON LAMB APPRAISAL ASSOCIATES, 'INC. Professional Appraisers and Cons_ultants February 18, 1995 Mr. Allen Potter U.S. West Nevwector Group 13701 Aurora Avenue North Seattle, Washington 98133 Re: Market study of residential sales surrounding proposed cellular tower facility located at 225th and 97th West, Edmonds, Washington. (Our Job No. S994-361) Dear Mr. Potter:. As requested, we have completed a study of the potential impacts, if any, on residential property values related to property located in close proximity a cellular facility. As we discussed previously, this letter is not intended to be nor is it represented to be an appraisal of the adjacent properties. Instead, it is a study which consists of analyzing residential sales surrounding several existing cellular facilities to determine if there are any noticeable differences in sale pdces and marketing time associated with houses located within 1-5 blocks of the facility versus similar single family residences located outside of this "influence" area. From this data, it is apparent that there is no measurable difference between the sale prices, leading one to the conclusion that proximity of a typical single family residence to a medium size cellular transmission tower does not appear to have a positive or negative influence on value. Furthermore, our analysis included extraction of marketing time from the multiple listing when available and/or confirmation with home owners or real .estate agents. Here again, no measurable trends were detected. There was a relatively wide range of marketing time for all the sales, ranging from a few weeks to several months. The proposed project includes placing a 100 foot mono-pole and utility shed on the undeveloped comer of an existing church site. The facility is to be somewhat insulated from view by planned landscaping and existing trees up to 85 feet in height. The immediate neighborhood is somewhat mature with single family residences of 30 to 40 years old and average single family residential sale pdces of $130,000 to $175,000. Due to the age of these dwelling units, much of the landscaping consists of trees that are of significant size and height. The church building, parking lot and trees in addition to the cluster surrounding the prop~sed facility generally insulates the residential units to the east and north of the property. The topography of the land to the east of the proposed facility is such that none of the prop~:rties have any views to the west; thus the facility as proposed and existing trees will not be obstructive of views. Some of the residential units to the west of the proposed facility have partial views towards the west; thus the proposed facility will be to the rear, insulated from full view and not obtrusive of any Puget Sound and territorial views that homes may have towards the west. / .o Mr. Potter 2/18/95 Page Two A preliminary survey of the area appears to indicate that only a lil~ited number of residences would have partial view of the proposed facility. Those few in close proximity will likely have a view of the base unit and "trunk" of the mono-pole while some of the houses further away will have a partial view of the top of the facility among tree tops. This is typical of the low to medium density residential areas in the northwest where there are an abundance of trees that block and partially block sight distance from houses and their yards. The locations we studied consists of several similar facilities. The scope of our study included identification of all single family residential sales located I-5 blocks from an existing facility over the past 10-18 months, researching characteristics of these properties through public records, TRW data services, and local multiple listings. The second phase of our study included identifying similar houses that have sold within the same time frame that are located outside of the I-5 block influence area (5-10+ blocks). In appraisal terminology, this is called a match-pair analysis where patterns of price range variations, if they existed, would become apparent. All recorded sales within the predominant price range in the neighborhood are included regardless of physical characteristics for the first group. For the compara~:ive group outside the influence area, those that are most similar in physical characteristics ~.re chosen for analysis regardless of sale price. Our research covered multiple locations with facilities of vadous sizes and expanded search parameters with the objective of obtaining a "study population" of significant size; the:'oby increasing the reliability'of results. This Will allow a trend to emerge if it existed for a band of residential property types and locations. This method is much more desirable than restricting the analysis to one or two locations or sales where numerous other factors may cause sale prices to vary. These factors include: listing pdces that are unrealistic, marketing techniques, condition of the property, unusual seller fir;ancing or irlcentives, and other non-arms length influences such as distress sales. A total of seven sites were studied: Four of these are classified as "primary" due to their overall similarity in residential setting and size of the facility while three are considered "supplemental" due to variations in size of facility and setting. These are tabulated, summarized and included with this letter along with location maps showing relative location of the facility and the neighborhood. For the primary sites, additional discussions are to follow. The principle unit of comparison is the average sales pdce of the group within the influence are as compared with the average sale pdce of the group outside the influence areas (see table). From this data, it is apparent that there is no measurable difference between the sale prices, leading one to the conclusion that proximity of a typical single family residence to a medium size cellular transmission tower does not appear to have a positive or negative influence on value. Furthermore, our analysis included extraction of marketing time from the multiple listing when available and/or confirmation with home owners or real estate agents. Here again, no measurable trends were detected. There was a relatively wide range of marketing time for all the sales, ranging from a few weeks to several months. LAMB HANSON LA,WB APPRAISAL ASSOCIATES. INC. Mr. Potter 2/18~95 Page Three _Si_to Location Avondale-17401 198th Ave NE Marysville-1094 Ash St. SE Plateau-1616 228th Ave SE Redmond-10633 132nd Ave N Lynnwood-3303 196th P! SW Issaquah-205 Mtn. Park Blvd. Bothell-17324 Bothell Way ~fluence...grouo avg. price Non-influence Cv.g. odce $132,025 $134,425 $112,929 $110,371 $199,900. $206,958 $168,983 $169,214 $140,500 $137,850 $149,350 $150,920 $142,983 $141,350 AVONDALE;, This facility is very similar to the subject in size and is similarly located on a chL~rch property near Woodinville. Also similar to the subject is that there are some trees that partially obstruct views of the tower. It should be noted that the slightly lower average sale price of the influence group at $132,025 is due to the fact that these houses happen to be smaller in square footage that the group outside the influence area, at an average size of under 1,200' sf versus over 1,400 sf. Moreover, our conversation with the listing agont of the most recent sale located very close to the tower (17430 198th Ave NE) indicates no negative influence on marketing. When asked whether the property's proximity to the cellular tower caused any difficulty in marketing, the agent reported that "it was a non-issue" with the buyer and potential bUyem. MARYSVILLE: __ Located in a residential area of Marysville, this site is less insulated from view by trees that the subject and the area suffers from some road noise (both groups of sales). Due to the lack of mature trees shielding the facility, any impact on value would likely be more evident should it be present. Since both groups of sale suffer equally from the freeway noise, it is no+ a factor that 'would skew the findings. Based on these sales, it appears that no measurabi<~, impact was noted. p_LATEAU' The transmission antenna at this location is situated on top of an existing water tank near Pine Lake. It is surrounded by residential I~.nd uses and appears to be a good indicator of whether there is any influence on property values. Interview with an agent currently marketing residential lots one block to the south of the facility indicates that lots and houses are selling well in the immediate neighborhood and-that the water tower and antennas "were not a complaint of any of the potential buyers/builders" of her lots. The slight variation in average sale pdce.s at under 3% is rather insignificant and may by partly attributable to three of the non-influence sales being larger houses of some 2,300 sf. L,%%4B Fu~N$ON L~.tB · vo~AISAI_ zSSOCIATI:S. INC. Mr. Potter 2/18/95 Page Four ~IEDMOND.:. This facility is located next to an existing water tower rather than on it as is the case with the Plateau site. There are some trees and vegetation that shield the water tank from view but visibility of the transmission tower from neighborhood residences are comparable to the subject. Here again, neither the average sale pdces nor the marketing time appears to be influenced by proximity to the facility. It should be noted that one of the sales located 3 blocks away took place within days of the listing and the agent reported no significant concerns by buyers. The supplemental study sites reinforces the conclusion that there is no impact of property values due to their proximity to a facility such as the one proposed. Further support may be found through our conversations with other knowledgeable Realtors, and revie.w of several studies by other consultants, all concurring with our conclusions. The overall variation from the sale pdces above is less than half of 1% with a total of over 60 residential s~,les. From an appraisal standpoint, the undersigned have over the: years prepared and reviewed thousands of residential appraisals; and while appraiser frequently 'adjust" for road noise, airport noise, poor access and numerous other factors that influence value, we do not recall a single incident where an appraiser adjusted value on a property for proximity to or being in a neighborhood where there is a cellular transmission tower similar to the one proposed. Ali data gathered, some of which is included herein, has been retained in our files and is available for use if your should have the need. I trust that the foregoing i,~ sufficient for your needs at this time. Please call if you should have any questions or require additional information. Very Truly Yours, I/..a~nb,, .Han.s~t'n .Lamb Appraisal Associates Inc. #270-11 -CH-AI-'A-T4080Z cc: Mr. John Hendrickson Mr. Timothy McFadden Mr. James Gibson ATC/mj/attachments I.AM~B I-{A~',;SON LA,~,IB APPRAISAL ASSOCIAI"ES. INC. CERTIFICATION We, the undersigned, do hereby certify that, except as otherwise noted in this appraisal report: 1. We have no present or contemplated future interest in the real estate that is the subject of this study. 2. That we have no personal interest or bias with respect to the subject matter of this assignment nor to the parties involved. . To the best of our knowledge and belief, the statements of fact contained in this letter, upon which the analyses, opinions and conclusions expressed herein are partially based, are true and correct. 4. No one other than the undersigned prepared the analyses, conclusions and opinions concerning real estate that are set forth in this report. . 5. In arriving at the analyses, conclusions and opinions concerning real estate contained in this report, we consulted with other a0praisers, and we hereby acknowledge their professional contribution to the analyses, concl;~sions and opinions concerning real estate set forth in the ' report. 6. Possession of this report, a copy, or any part thereof does not carry with it the dght of publication. Disclosure of the contents of this report is governed by the By-Laws and Regulations of the Appraisal Institute. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives.,. 7. Neither all, nor any part of the contents of this report shall be used for any purposes by anyone but the client specified in the report, without the previous written consent of the Appraiser. Nor shall it be conveyed by anyone to the public through advertising, public relations, news, sales, or other media, without the express wdtten consent and approval of the undersigned. 8. This assignment was not based on a requested minimum valuation, a specific valuation, or conclusion. Our compensation is not contingent upon the reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event. Alfred ~ Ch~i Senior Abpraiser and Consultant Lic #270-11-CH-Ai-*AT4080Z d,/"Rese~'rc~ ~,~?~'t'~nt LAMB HANSON LAMB APPIL-kISAL ASSOCIATES. INC. Professional Real Estate Appraisers and Conzultants Published by the Office of Real Estate Research University of Illinois at Urbana-Champaign Winter 1999 Illinois Re-al Estate Letter The Price of Zoning l :' evisited: Zoning Issues Raised by the Telecommunications Act of 1996 The Telecommunications Act of 1996~ contains provisions that may affect a municipality's ability to implement .zoning regulations. This article briefly summarizes the history and purpose of zoning regulations, discusses the (:hal-. lenge to local zoning posed by the Tele- communications Act (along with recent activities at the state level and in the f: :deral courts), and offers an approach by which municipalities can optimize their role in the process of locating sites for telecommunication towers. Traditions of Local Control For the better part of a century, land use control has been largely a local govern- mental function in our country. The first comprehensive zoning ordinance in the United States was adopted in New York City in 1916, and other municipalities soon followed. The zoning enabling acts of many states are based on the federal Standard Zoning Enabling Act of 1926. In the 1926 landmark decision Euclid v. Ambler Realty Co., the US Supreme Court rejected arguments that zoning laws were an unconstitutional depriva- tion of property without due process, and subsequently many state courts upheld the concept of zoning. The Court's deci- sion, involving a land owner in suburban Carol C. McDonough Cleveland, is noteworthy because it reinforced the earlier notion of a hierar- chy of land uses. with single-family residential use at the top of the hierarchy - to be protected. From an economic standpoint, municipal zoning regula- tions are meant to mitigate the negative externalities that a real estate owner's use of his property might impose on other members of the community. Challenges to Local Zoni~,d Municipalities' longstanding and broad power to oversee land use has been called into question as legislative enactments and judicial rulings have pushed local zoners' wishes aside in favor of improved wireless phone service. One example is Congress's 1996 passage of the Telecom- · munications Act, which opens doors for a federal agency to overrule local officials on siting telecommunication towers. The Act (which has no impact on most zoning functions) empowers the Federal Com-' munications Commission (FCC) to pre- empt local officials' decisions on the placement, construction, and modifica- tion of personal wireless service facili- ties. The FCC is given express regulatory power over wireless facilities' radio fre- quency emissions when concerns arise over possible environmental impacts. Inside This Issue... The Value of Zoning Price Impacts of Incompatible Land Uses ' The Greatest Real Estate Movies of All Time Deals Illustrated 4 8 9 16 The 1996 Act was passed following the somewhat recent development of the personal communication services (PCS) mode .of wireless communication (PCS is a type ofdlgital service). The develop- ment of PCS, which offers better sound quality and better security than the older cellular systems, has brought with it an increased need for tower sites on which transmitters can be placed. PCS is located at a higher frequency range, requiring towers that ate closer together than the older cellular towers were. The improved technology is also likely to necessitate more towers through increased custom- er demand. It is estimated that, in high demand areas, PCS transmitters will have to be situated about a mile apart. The typical municipal zoning Ordi- nance requires a PCS provider to obtain a variance or a special permit in order to construct a cellular tower. A variance is required when the proposed tower would be built in a Zoning district that prohibits such structures; receipt of a variance usually requires proof of hardship owing to the topography of other nearby sites. A specialpermit is required when a cell tower is a permitted use of the proposed locus; the permit indicates that the local- ity has found the proposed tower not to be unreasonably detrimental. Of course, under the 1996 Act the FCC can second- guess a local decision to deny approval. The FCC seems willing to require accep- tance of towers that local officials reject, though the evidence to date is limited. The federal judiciary also has shown a willingness to substitute its views for the wishes of local regulators, although it Illinois Real Estate Letter Policy Perspectives -Winter 1999- Volume 13, Number 1 Illinois Real Estate Letter is published by the Office of Real Estate Research at the University of Illinois at Urbana-Champaign http:llwww.cba.uiuc.edu/orer/orer.htm Copyright 1999; Subscriptions $16 per year Editor: Peter F. Colwell, University of - Illinois at Urbana-Champaign e-mail: pcolwell~uiuc, edu Associate Editor: Joseph W. Trefzger, Illinois State University e-mail: jwtrefz~ilstu, edu Assistant Director:- Carolyn A. Dehring e-mail: orer~uiuc, edu Media Specialist: Shelley A. Campbell e-mail: scampbe l ~uiuc. edu Secretary: Shirley J. Wells Address corresPondence to: Office of Real Estate Research 304-D David Kinley Hall 1407 W. Gregory Drive Urbana, IL 61801 Phone: (217) 244-0951 FAX: (217) 244-9867 e-Mail: orer~uiuc.edu ORER Advisory Committee Gary L. Clayton Executive Vice President, IlliNois Association of Realtors* Peter F. Colwell Director of Real Estate Research, ORER Professor of Real Estate, and Professor of Finance, University of Illinois at Urbana-Champaign Connie Conway Vice President, Koenig & Strey, Inc. David C. Eades Managing General Partner, Regency AssoCiates William E. Long President and Chief Executive Officer, LaSalle Home Mortgage Corporation Greg R. Oidham Director of Commerce Research and IBE Distinguished Professor of Business A&ninistration, University of Illinois at Urbana-Champaign Gerald N. Perlow President, Property Valuation Services Past President, Illinois Assn. of Realtors® Eli Sidwell, Jr. Director of Real Estate, Office of Banks and Real Estate, State of Illinois Arlen R. Sp~;ckman President, Speckman Realty Past President, Illinois Assn. of Realtors* Donald J. Ursin Retired President, Coldwell-Banker Residential Real Estate Services Past President, Illinois Assn. of Realtors* has not completely gutted local control. For example, in Sprint Spectrum, L.P. v. City of Medina (1996), a federal district court upheld Medina, WA's six-month tower moratorium as an appropriate use of the city's authority to determine a tele- communications policy, and procedures for processing applications.. However, in. Illinois RSA No.3 v. County of Peoria (1997), another federal district court overturned a county's decision denying a plaintiff's request for a cellular tower, ruling that adequate reasons for the denial were not given: Stating that the mere existence of opposition is insufficient to support denial, the court directed that the permit be issued, without even remanding to the county for further decision making. Even the states may be inclined to overrule local officials when wireless phone service is the issue. In Massachu- setts, municipalities' zoning authority has been diluted by the MasSachusetts Department of Telecommunications and Energy's designation of wireless service providers as public service utilities. This designation' exempts the providers from Ch. 40A, the state's basic zoning regula- tion, therebY limiting local authority to deny permission for tower construction. Paying the Freight In general, opportunities for relief from zoning restrictions - through receiving a variance or permit, or the overriding actions of a court or a legislative body - can have unexpected side effects.2 The recipient of zoning relief obtains windfall ' economic rent (a return in excess of that' called for bythe accompanying risks), because he is able to put his property to a use that had previously been prohibited or controlled. At the same time, despite the fact that a use is not to be approved if it would be unreasonabl-y detrimental to the neighborhood or municipality, negative externalities may be suffered by abutters, and by others in close proximity to the locus on which local, state, or fed- eral relief has been granted. In the Summer 1991 issue of this publication,3 David Mills suggested that, becaUse of such externalities, resource use would be enhanced if zoning rights were bought and sold, rather than given away. The development of PCS and the attendant need for towers creates a forum in which the sale of zoning rights can be revisited. In fact, the FCC employs a Sim- ilar process for issuing licenses to operate PCS systems within the fifty-one major trading areas (MTAs), and the 493 basic trading areas (BTAs), within which PCS systems are marketed. Since demand by potential PCS providers typically exceeds the limited supply of licenses that the FCC issues in a particular MTA or BTA, the FCC auctions off the licensing rights. It should be pointed out that the fed- eral government is not hypocritical in providing relief from local restrictions; it also makes its own land available to wireless service providers. The 1996 Act specifies that a federal deparm~ent or agency must make property under its control available for the placement of the new telecommunication services when doing so does not directly ccnflict with the department's mission. Yet even then, reasonable fees may be charged to PCS providers. (The Act also requires the FCC to provide technical support to states, to encourage them to use property under their jurisdictions for PCS purposes.) By taking a cue from federal fee- collection efforts, and selling zoning l';ermits for PCS transmitters, municipali- ties would gainrevenues to offset, at least partially, the cost imposed on municipal residents by any associated negative externalities. Residents would benefit from the sale of zoning permits, in that revenues so generated would fund increased municipal services and/or allow for reduced taxes. Such a plan Contains the acknowledgment that perceived aesthetic or health problems can be asso- ciated with towers and transmitters, and that residents should be compensated for. those negative effects. The price of a per- mit should be based on the magnitude of the negative externalities, not on the PCS provider's expected profit. The greater the perceived visual or health derogation, the higher the amount that should be charged for a permit. (It. is assumed that the PCS provider owns, or has leased, the land on which the tower is to be built.) Measuring the Damages How can the magnitude of the negative externalities - aesthetic and health issues - associated with towers be estimated? The aesthetics debate is' not easily page 2 Illinois Real Estate Letter Winter 1999 Policy Perspectives resolved: beauty is in the beholder's eye, and some might argue that towers in fact enhance, rather than detract from, the municipal panorama's appearance. The health debate might be almost as diffi- cult; with cell towers still in their infan- cy, it is far too soon to develop reliable scientific information on health effects. Moreover, issues of aesthetics and health intertwine when tower opponents argue that towers red.u~ values. Indeed, opponents m~ght d~sgmse con- cems about aesthetics as health concerns, because the latter appear less frivolous. Yet whether the dangers are imagined or. real, opponents' concerns have delayed tower approval by many local planning boards, and several lawsuits have been brought by residents against municipali- health risk, but only that the perception ~ of danger led to a drop in property value. The court held that whether the danger is scientifically genuine is irrelevant to the central issue of market value impact. The Rental Alternative Because the PCS operator seeking access to a site can possibly obtain it by pursu- ing federal, state, or judicial remedies, a seemingly sensible approach for a muni- cipality is simply to make the desired rights available at an appropriate price. As noted earlier, the municipaI sale of zoning rights for cellular tower construc- tion would'enable a community, and thus its residents, to be compensated for the negative externalities that may derive from celI towers' existence. Yet while The municipal sale of zoning rights for tower construction.' would enable a community, and thus its residerJ, ts, to be compensated for the negative externalities that may derive.. from cell towers' existence. ' .. ties that have appreved the construction of towers. Concern over cell towers has led to the formation of organizations such as the Cellular Tower Coalition (CTC), which advocates increased local control / over tower siting, monitors relevant legislation, and maintains a Web site for the dissemination of information. It is certainly possible to infer that transmission towers impose negative externalities on property values, if not necessarily on human health. AVailable evidence relates to the siting of electric .power lines, which admittedly involve higher voltage electrical transmission than do cell towers. Colwell's 1990 article in the Journal of Real Estate "-'~ Research4 reports that proximity to ! towers supporting transmission lines reduces property values, a finding that is corroborated by the 1993 work of Gregory and von Winterfeldt.s Moreover, a 1993 ruling by the New York State Court of Appeals6 (along with a similar ruling in Komis v. City of Sante Fe)7 supports the idea ora stigmatization associated with power lines. Ruling for the plaintiff, the New York court did not require proof that the power line posed a selling zoning fights is the most efficient economic solution, the outright sale of regulatory approval raises legal questions. Still, a city or town might achieve a similar economic outcome, while avoid- ing legal confrontations, by leasing space owned by the municipality to PCS oper- ators for the construction of towers. The centralized locations of publicly owned buildings could prove ideal for the siting of wireless transmitters. Municipally- owned access strips adjacent to streets and highways would be other possible sites for the placement of cell towers. Several localities have already con- sidered ,renting" out municipal space for ' cellular towers. Prince Georges County, MD plans to charge rent to telecommuni- cations firms for putting towers on public land. In Illinois, the Warrenville village council approved a permit to allow a cell- ular transmitter on the local water tower, in exchange for benefits to the village, although nearby Naperville rejected plans to install cellular antennae on a local post office and the Municipal Center, and North Barrington home owners actually sued local planning officials for approv- ing a cellular tower at the Village Hall. Taking the Initiative Residents concerned about PCS towers for reasons of aesthetics, health, or property values may oppose tower siting on public land under any circumstances, viewing the receipt of money as inappro- priate collaboration with PCS providers. However, because the Telecommunica- tions Act of 1996 precludes the blanket denial of permission to build cell towers, and because courts and state legislatures have also supported the industry, it would seem to be in residents' best interests to participate actively in the process. In fact, by offering to lease municipal land for tower siting, a locality would be able to gain some control over the process, along with some revenue. The rent would com- pensate citizens, at least in part, for any negative externalities created by the wire- less systems. Moreover, if operators had to price their services to reflect the nega- tive externality costs currently borne by others, the allocation of societal resour- ces to this burgeoning industry would be reduced to a more efficient level. [] Dr. McDonough is a Professor of Econ- o:nics at the University of Massachusetts- Lowell. She also serves as Clerk of the Andover, MA Zoning Board of Appeals. Notes 1. The Telecommunications Act of 1996, Sec. 704. Facilities Siting; Radio Frequency Emission Stds. 2. Colwell, Peter F., "Tender Mercies: Efficient and Equitable Land Use Change," Real Estate Economics 25(4), Winter 1997, pp. 525-537. 3. Mills, David E., "The Price of Zonings" Illinois Real Estate Letter 5(3), Summer 1991, pp. 1-4. 4. Colwell, Peter F., "Power Lines & Land Value," J. ofRealEst. Rsch. 5(1), Spring 1990, pp. 117-127. 5. Gregory, Robin and Detlofvon Winterfeldt, "The Effects of Electromagnetic Fields from Trans- mission Lines on Public Fears & Property Values," J. of Environmental Mgt. 48, 1996, pp. 201-214. 6. Ibid. 7. Ibid. Author Viewpoints The viewpoints expressed by authors of ILJJJgOIS REAL ESTATE LETTER articles (or by authors of other materials distributed or funded by ORER) do not necessarily reflect the views of the University of Illinois, the Advisory Committee of the Office of Real Estate Research, or the editorial staff of the ILLINOIS REA L ESTATE LETTER. Even when ORER provides' direct funding for the analysis of an issue, the researcher is free to report findings that conflict with the views of the above-named groups or institutions. Anyone whose views d~ffer from those expressed in any ORER publication is encouraged to send comments' or suggestions to Editor. ILLINOIS REAL ESTATE LETTER at the address shown with editorial information on page 2. Winter 1999 Illinois Real Estate Letter page 3 TRANSMISSION TROUBLE MIKE.ELIASON I NEWS-PRESS From left, Fire Captain Paul Main, Fire Captain Jay Erwin and Paramedic Firefighter Michae! Morrison illustrate how close the flagpole-mounted Nextel cellUlar transmitter is to the Lillie Avenue fire station in Summerland. · Fire district hot over cellular towers By CHUCR SCIIULTZ ,',-~vs-rRms s'r..u~ wnn'az e-mail: cschultz @ newspress.com Whether transmissions from cellular 'phone towers threaten the health of people living or working nearby -- an issue on which not all scientists agree -- is at the heart ora legal battle beb. veen the Carpinteria-Summerland Fire Dis- trier and Nextel Corp. The district is suing the cellular technology giant in hopes of forcing it to remove transmis- sion towers from fire stations in Carpinteria and Summerland. Firefi~ters there have eom- plainer of headaches, sleeplessness and leth- ar'D' they believe are caused by radio-frequency radiation h'om the towers located several yards from their sleeping quartem, according to the ewe believe that claim (lawsuiO b without merit whatsoever.' Dominic Suprenant, attorney for Nextel Superior Court lawsuit Nextel insists its equipment is completely sate and adamantly refutes the notion that its transmissions 'are making anyone sick_ "We believe that claim (lawsuit) is without merit whatsoever," said Nextel's attorney, Dominic Suprenant of Los .-~geles. The Federal Communications Commission sets stanl dards for acceptable radio-magnetic transmis- sions, he noted, "and we are. way, way, way below those." Nonetheless, the possible heath risks of cellu- lar towers is a gro,.ving concern here and else- where as the number of transmission sites rap- idly increases to meet the demand of mushrooming cell phone usage. 'In response, numerous localities around California--includ- ing Carpinteria and Lompoe -- are also scram- bling to write ordinances limiting where cellular transmitters can be installed. However, federal legislation prohibits local governments from considering health issues when deciding whether to permit wireless facilities, officials See TOWI~RS an B6 Col rule tob as a By J0S N-EWS-I e-mail: Graham Pr an adult for kidnapping old Nicholas bara County Joseph Lodg~ But the pledged to which b, time for the iforni Supreme Co to settle la.er issue Proposition the new 1 that emp{ ered the 1o District At'l ney's Office cha~e him an adult. Pressley 17 at the time Pressley's ers across t2 limbo follow late court unconstitutio The new 1 tors cha~e out a court h~ nearly two-th 2000. In a 2-1 d~ trier Court o ruled the pr( Constitution': clause by and giving it part of the branch. The San Attorney's Of sion to the which is ex~ sometime thi ira, defense; decision to m be sent tojuv Pressley's: Defender Talk Show's Ol rah moving to Montecito rt. · )lTl last · he new city of ,ter, Morgan Green, · ties and explains the 'he major players- ~ earnest next week · ' ro include IV. 56-7171 · ., NeWel calls claims unfounded · TOWJ~RS consequences of radio-magnetic Medicine magazine that mdio- ContinuedfrmnPcf;eB1 transmissions has been widely publi, frequency' radiation can cause a cized ,%i-years. That information's, as 'wide range of biological effects, such said. ' readily available to the district and as "DNA breaks and chromosome The fire district's lawsuit, filed in the public through.news stories and aberrations," premature aging, mere- December, seeks to revoke leases other sources, .he said. '"l'here was ory loss, headaches, fatigue, sleep signed in 1998 that allowed Nex-~ei to nothinghidderr'~ disorders and cancer..'The most mi> install cellular towers outside asta- Although some scientists warn of idly growing environmental pollut- t. ion on Lillie Avenue in Summer- possible heath risks, many more are ant in today's environment, is land and one on Walnut Avenue in of the opinion that cellular transmis- probably electromagnetic fields Carpinteria. When the leases were sion equipment poses no such .dan- (EMF), including radio frequency agreed to by the district, Nextel , gers, according to Suprenant. 'There radiation," Sage wrote. never mentioned there was scientific is a considerable bcdy of' scientific Suprenant asserted ~at Sage is literature describing possible health study showing these things are per- not a reliable expert on the subject. threats from exposure to radio- fectly safe," he said. '°I'he scientific "We believe her study is completely frequency .radiation, the suit con- consensus is that these things are unscientific and has no merit," he tends. It goes as far as accusiflg the safe." said. '%Ye're very willing and ready company of "fraudulent conceal- He said Nextel is "overwhelmingly to try this matter (lawsuit) and estab- ment"ofthatinformation, confident" that its cellular towers lish beyond any reasonable doubt Had the district "known of the are not causing the headaches, that these things are safe.'' technical literature supporting the sleeplessness and other physical In Lompoc, the CiW Council on existence of such risks,"- it would symptoms complained ofby the fire- Wednesday passed an emergency have never agreed to lease space to fighters, moratorium halting construction of Nextel for the two towers, for a corn- That viewpoint is not shared by an any new cellular towers there for at bined fee of $1,600 monthly, the suit environmental consultant hired by least 45 days. In the meantime, the adds. the dis~'ict, though. Cindy Sage, of city staff will be drafting an ordi- Suprenant countered that scien- Sage Associates in Montecito, warns nance to regulate the aesthetics of fific debate over the potential health in a recent m:ticle in San Francisco telecommunications facilities. · Carpinteria passed such a momto- abli, tS=CO,m hum in February and recently extended it until this summer, When it expects to have a wireless facilities ordinance in place, It will regulate the design and placement ofcommu- ANTS! A ;°;; !,a j,, ;:~,~,,o~ ..... ~ equipment nications antennas and transmission NO MORE. ANTS M E .S A COMMUNICATIONS LENZ CO ©L'962-9151 NOKIA5165 -~ r, 5215a1~ 16a. a6t ~ - $99.99 HUGE ANNUAL SPRING SALE .40.00, THIS "60.00 ,,. W~K~SD FRIDAY, SATURDAY & SUNDAY So .,. , . _ ONLY! APRIl, 20-22.,10AM-6PM FREE UP TO 50% OFF ON OVER3,000 SO.=. FT. OF 966-1414 ANTIQUES - GARDEN ii ] ,~'--477~-/., SHABBY-CHIC on ~n¥ AT&T plan. * °Acliyate on ~ay AT&T pl,n of FUKN ITURE.-ETC. S29.99 and ab ..... d ....ive a S60 mail-in rebate SOMETHING FOR EVERYONE! Uo.~ AT&T. {.BEAU RIVAGE ANTIQUES 2_ SANT,5 CLAUS LANE ,, (805)566-9955 Carole Aleshire P.O. Box 1390 · Willits, CA 95490 May 12, 2001 To the Ukiah City Council: CITY OF UKIAH CITY CLERK'S DEPARTMENT I have been part of the site selection committee for a Ukiah Skatepark since early in 1997. We have worked diligently over these four years to find a site that would meet our criteria, including: safety and visibility, central location, legal accessibility to skateboarders, proximity to Pomolita and Ukiah High, low impact on neighbors, multigenerational use, ease of development, feasibility of the site for good park design, room for expansion, and ease of acquisition of the property. We have formally rated 18 sites, officially given up our highest rated site to the Rotary Club, conducted public meetings for the two sites most highly recommended by Larry DeKnoblough and met with vehement public opposition from the neighbors at both sites. At both public meetings it was suggested that Low Gap would be ideal for our park because there are few if any neighbors to object. So Larry found a site for us on Low Gap which appeared perfect in every way except that MCOE had an option to build on that site. MCOE seemed amenable to giving up a portion of the property from their option for our skatepark, the Sheriff's Office was quite willing to give up a small strip of land to add to the area for the park, and we were ready and hoping to post a sign, "Future Home of the Ukiah Skatepark," at the site. We were making ready to start the process of design and the hard road offimdraising, neither of which could begin until we had a site. We wrote a letter to MCOE thanking them for their support and urging a quick resolution to the question of what part of the property would be released to us. Now it appears that they will not be able to move quickly enough on releasing that part of their option, to make it possible to start work on a park this year. We understand there are questions about the soils on the site that must be resolved before MCOE can complete their site planning. This site remains our top choice with the fewest obstacles, if and when MCOE's site plans allow us to plan the skatepark there. Larry has spent a lot of time and effort supporting our group effort and trying to find solutions for us, at the direction of the last Ukiah City Council. His efforts are greatly appreciated by our group. We are now at an impass, and we are looking at another year going down without a skatepark for our youth. Many of the young people that we are connected with that motivated this group to work toward building a skatepark have gone away for college and will not be here to use it when built. But there is a steady, rising interest in Ukiah and in the county for a skatepark, so we continue our efforts. I would urge the Council and each councilmember to make a commitment to helping us with this effort. Larry has suggested a site for a temporary skatepark on Dora behind the City Hall, and I urge you to commit to this concept so that we can finally see something come of all of our effort, while we continue to work toward a permanent park. The kids in our wonderful town need this NOW, and we need to provide it for them! Further, I urge the Council to listen carefully to Larry's report of our efforts and his recommendations for other sites, and commit to helping us work through the problems and find a permanent site for our park. We need your help in order to make this happen. Thank you for your consideration. Sincerely, Carole Aleshire Willits 5/13/01 Page 2 ITEM NO. 11a DATE: May 16, 2001 AGENDA SUMMARY REPORT SUBJECT: STATUS REPORT AND DISCUSSION REGARDING POTENTIAL SKATEPARK FACILITY LOCATIONS The City Council last discussed possible skatepark locations on August 18, 1999. At that time the Council reviewed four sites, including the vacant property located on Low Gap Road between the Sheriff's Department and the Ukiah Players Theatre, the future River Park, Vinewood Park, and the property located on East Clay Street that previously housed Police Activities League (PAL). Staff has continued to meet with members of the Ukiah Skatepark Committee in an on-going effort to evaluate these and other potential sites. As progress on this item has been difficult and has met with considerable public resistance, staff is returning the item to the Council in order to provide a status report on each of these locations, identify and discuss alternative sites, and seek direction from Council in order to secure a location and initiate the skatepark's development. Summarized below is a discussion of the previously considered sites, possible alternative locations, and staff's activities relative to determining feasibility. East Clay Street This site was most recently occupied by the (PAL). Staff had been discussing the possibility of a lease/purchase paid through fundraising or grants with then property owner Jim Holtzhauser. Unfortunately, Mr. Holtzhauser sold the property in the middle of those discussions and it is no longer available. (Continued on Paqe 2) RECOMMENDED ACTION: staff. After discussion of identified skatepark sites provide direction to ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A 2. N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Skatepark Committee City Council Larry W. DeKnoblough, Community Services Director Candace Horsley, City Manager 1. Map of Identified Sites 2. Photographs of sites ,, APPROVED:, i~ LD/ZIP Candace Horsley, City Ianager Skatepark01 .asr Low Gap Road Earlier discussion of the Low Gap area had included two sites. The west site consisted of a portion of Low Gap Park, which is County operated, between the Ukiah Players Theatre and the tennis courts. However, the County had previously made a commitment to the Ukiah Rotary Club to construct a memorial grove and picnic area in this location and Rotary has expended significant volunteer time in planning and secudn8 donations for the project. In lisht of the commitment made by the County as faci[ity operator and the Rotary volunteers who have 8iven time to develop the project, staff believes it would be inappropriate to require them to cease their memorial project in favor of the skatepark. Subsequent consideration then shifted to the east site between the Sheriff's property yard and the Ukiah Players Theatre. The entire property is approximately 70,000 square feet and is owned by the City of Ukiah, exclusive of a forty-foot wide strip alon8 the eastern most boundary of the property which is owned by the County of Mendocino. County Supervisor Richard Shoemaker has informed staff that he has been able to secure the Sheriff's approval of use of the County's 40-foot wide portion, which means the City would only need a 60-80 foot wide strip of the property to build a 20,000 square foot park. As the Council was informed in Ausust, the City's portion is held in option by the Mendocino County Office of Education (MCOE) and in order to proceed with any project on the property, an amendment to MCOE's option, releasin8 the project area, would be required. Initially MCOE Superintendent, Paul Tichinen indicated MCOE would be willin8 to aJlow the skatepark to locate on the site, however, they now have plans to construct a Resional Occupational Trainin8 Prosram (ROP) faciJity on the site. The specific details of that project have not been finalized as yet. In order to finalize their pians, MCOE will be conductin8 soil samples and compJetin8 the development pJans to determine their project's scope in the next few weeks. MCOE staff has indicated they will contact the City as soon as soils determinations are completed. Their staff has indicated that if for any reason the project doesn't 8o forward or should it be possible to share the site, MCOE would be wiJlin8 to do so. Staff believes this site should remain as a primary location, however, the development scheduJe for a skatepark would have to be delayed until MCOE finalizes its plans or releases its option. Vinewood Park Staff believes Vinewood Park should remain as an alternative due to its central location, proximity to the Hish School and Pomolita Middle School, and hish visibility for public safety. Staff also believes that incorporatin8 the skatepark in an existin8 park as opposed to creatin8 an additional standalone facility reduces the impact on Parks staff but also helps to mainstream the skatepark into the community and enhance intersenerational exposure. Subsequent to the Counci['s Ausust discussion of Vinewood Park as a potential site, staff conducted an open neishborhood meetin8 in the park with surroundin8 residents. The specific locations in the park discussed at that meetin8 were at the east end adjacent to the picnic area and on the currently unused basketball court. The majority of residents present were not in favor of the project and stronsly expressed concerns resardin8 [oss of 8reen space, increased noise and traffic, and increased vandalism. Due to recent chan~es in the State safety regulations re~ardin~l play~rounds, the situation at Vinewood may merit reconsideration by the Council as a possible site. Based upon recent safety audits, the Parks Division is prepadn~ to implement a major play~round overhaul, includin~ the play~round at Vinewood Park. It would be possible to incorporate a skate area of about 8,000 to 10,000 square feet into the redesign of the play~round with a minimum loss of ~reen space. River Park As was discussed in AuBust, the River Park offers more than adequate space for a larBe facility around the BMX track and Little Lea8ue fields. Staff believes the site would be ideal with the exception of its remoteness. The timeline for the development of the park remains uncertain and while the skatepark could be developed ahead of the rest of the project, the lack of improvements such as appropriate access, pedestrian safety on Gobbi Street, and public safety patrol are concerns. FailinB all other options, the Council may wish to retain the River Park as an option. Oak Manor Park Staff is currently in the plannin8 process of relocatin8 the picnic 8rounds from their current location at the south end of the park. Our intention is to up8rade the tables, seatin8, and improve handicap access. Relocatin8 the 8rounds to the north side of the play8round will place the new picnic 8rounds amon8 the existin8 trees, providin8 better shade and allow the use of the existin8 paved path, thereby improvin8 wheelchair access. Once this relocation is completed and the playBround is up8raded, this area would provide a viable site for up to 10,000 square feet of skate area with surroundin8 8reenspace. Because this site is at the far south end of the park with Gibson creek, several lar8e oak trees, and an earth berm between it and the neiBhbors, it is well screened and would have a minimum visual impact on the nei8hbors. With additional moundin8, trees, and landscape alonB the Oak Manor and Gobbi Street fronta8es, staff believes this site would be an excellent alternative. Dora Street Fronta~le of Civic Center With the construction of the addition to the Civic Center, the storage buildin~ west of the fire tower on Dora Street will be demolished. This area is approximately 10,000 square feet and could contain a small park of up to 8,000 square feet. While this is not an ideal location due to its limited size and proximity to the emergency vehicle e~ress from police and fire, it is property under the City's ownership which does not have an immediate planned use. Staff does not recommend this location be considered for a permanent facility, however, it is possible to construct a temporary skatepark on this site. Once the old storage buildin~l is demolished, the surface could be paved and through the use of mobile ramps, a reasonable facility could be created and utilized while efforts continue to locate a permanent site. Mendocino County Properties As stated above, Supervisor Richard Shoemaker has been assistin~ staff in secudn~ the County's portion of the Low Gap Road site. In addition to that site, staff has met with County Buildings and Grounds staff to discuss any other County properties within the Low Gap area. Specifically identified was the vacant land between the General Services buildin~l and the County Administrative complex. County staff has indicated that this site is intended for expansion and 3 parking for Administrative services in the near future. While County staff also indicated no other County owned sites in the immediate vicinity of Low Gap Road are available, they are willing to continue discussions should other sites be identified. Ukiah Unified School District Properties Staff also discussed several Ukiah Unified School District sites with Superintendent Gary Brawley, who personally reviewed the locations which were recommended. The specific area staff identified was around Pomolita School including the track, tennis courts, and north ball fields. The track area and north ball fields currently experience heavy use by soccer and women's softball. The area at the west end of the track adjacent to the tennis courts was also reviewed. This area was determined to be inappropriate due to size and its narrow configuration, which would not allow adequate space for a buffer between the Skatepark and the track. Mr. Brawley also indicated that the tennis courts are not available as the School District has plans to renovate them. Staff is continuing to discuss potential sites as they are identified with superintendent Braw[ey to determine availability. Private Property Acquisition To date the search for sites has been focused on publicly owned land as acquisition of private property would significantly increase the cost of the project, which is intended to be built through the fundraising efforts of the Skatepark Committee and/or any grants that may be available. The properties described above sum up the available sites currently owned by the City. One additional alternative to consider is the outright purchase of privately owned property. The cost of this option could vary greatly depending upon the individual value of each specific property. Summary As stated above, progress on this project has been difficult due partially to the limited number of sites available and the impacted uses of our existing parks. A second factor, which has significantly inhibited progress, is public resistance to a skatepark, due in large part to public perceptions as to what a skatepark is and how it will affect a neighborhood. Staff has visited several skateparks and while not all of them have been trouble free, they offer an excellent and intriguing venue for a very energetic youth activity. Those parks, which have experienced difficulties, have been almost exclusively the result of poor design and location. The successful skateparks are clean and well maintained, used by a mixture of youth from the very young to post-teens, and are incorporated into high visibility areas including parks and schools where a variety of other family recreation and sports activities are occurring. In these situations the skaters have exhibited responsibility and respect for the facility and surrounding area with little evidence of vandalism or abuse. In the locations staff has witnessed, skateparks have integrated into the public park system as well as any traditional park amenity or recreational activity. Staff has been coordinating the property search and neighborhood meetings with the Skatepark Committee for approximately four years. Some of these volunteers have children who skate, some had children who skated when this project began but have since grown up, and some just be live that the youth of Ukiah deserve a place to skate legally. It is the Committee's belief and staff concurs, that given the positive alternative of skating among their peers in a well designed skatepark, the majority of skaters will do so. In any event, Committee members have been unwavedn8 in their support of the City and our efforts to see this project to fruition and staff is 8reatly appreciative of their dedication, support, and perseverance. Staff believes that a skatepark would be a significant benefit to our Parks and Recreation system and recommends continuin~ with the effort to identify a location and assist the Skatepark Committee in secudn8 fundin8 and/or donations for construction. Staff is now seekin8 additional direction from the Council. FIIII I IIIk-1 :~ !11!11111 ) ? / OAK MA, NOR [LEMENTARY Low Gap Road Vinewood Park Oak Manor Park Pomolita Tennis Courts Clay Street Civic Center ITEM NO. lib MEETING DATE: May 16, 2001 AGENDA SUMMARY REPORT SUBJECT: REPORT AND APPROVAL OF FIRE J.P.A. SUBCOMMITTEE ACTION The City Council directed staff to conduct a subcommittee meeting regarding Fire .1.P.A. comprised of members of the Ukiah paid Firefighters and Volunteers, Ukiah Valley Fire District (District) Firefighters and Volunteers, two District Board members, and two City Councilmembers. The meeting was held on April 25, and was facilitated by Attorney Elizabeth Silver, as approved by Council and District Board. Ms. Silver submitted an outline of the objectives and various methods of accomplishing Fire Consolidation, and discussed each item while receiving feedback from both the subcommittee members and public members who were in attendance. She has sent us a revised Outline based on the subcommittee's comments for Council's information, which is included with this agenda report. The objectives as discussed at the meeting are: Ii 1 To provide an efficient and cost effective fire protection system that is beneficial to the residents of the City of Ukiah and the District; To reduce duplication of services where the City of Ukiah, District, and California Department of Forestry (CDF) have contiguous services and needs (e.g., administrative staff, dispatching operations, volunteer programs, training programs, equipment purchasing, and shiffc supervision); (Continued on Page 2) RECOMMENDED ACTION: After discussion, Council approve development of fire consolidation documents. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine that revised or additional action steps be taken and provide direction to staff. Citizens Advised: Requested by: Prepared by: Coordinated with: Attachment: Z. N/A Candace Horsley, City Manager Interim Fire Chief Dan Grebil "Outline for Discussion Purposes" prepared by Elizabeth Silvers, Esq. Approved: ,',._~___~, ~ ~,~~~ ~_, 4:Can:ASRFire.50! Candace Horsley, (~ity Manager 1 1 J To enhance the depth of resources available to the residents of the City of Ukiah, the District, and CDF. To maximize the level of fire protection provided in the City of Ukiah and the District within available funding levels; To maintain the community identity and ownership of the City of Ukiah and the District fire stations and fire apparatus. Ms. Silver explained to the group that in order to create a Joint Powers Authority (.]PA), an Agreement and several contracts must be approved by each of the parties, including one for the City to provide career personnel for the .]PA and one for CDF to provide services in the northern portion of the .]PA's jurisdictional area. It was the consensus to continue with the consolidation process and the elected officials directed Ms. Silver to draft the necessary documents for review by the subcommittee. She is in the process of preparing the drafts, which she estimates will be completed by the end of May and in time for the next subcommittee meeting of May 30, 2001. Councilmember Larson attended the subcommittee meeting and will be providing Council with additional details of the discussion and direction given by the District Board and Council representatives. Staff is providing this information to Council for your information and asking for approval to proceed in developing the necessary documents for the fire .].P.A. Objective: OUTLINE FOR DISCUSSION PURPOSES Subcommittee Meeting April 25, 2001 (with revisions followinq meeting) 1) To provide an efficient and cost effective fire protection system that is beneficial to the residents of the City of Ukiah and the Ukiah Valley Fire District. 2) To reduce duplication of services where the City of Ukiah, Ukiah Valley Fire District and CDF have contiguous services and needs (e.g., administrative staff, dispatching operations, volunteer programs, training programs, equipment purchasing and shift supervision). 3) To enhance the depth of resources available to the residents of the City of Ukiah, Ukiah Valley Fire District and CDF. 4) To maximize the level of fire protection provided in the City of Ukiah and the Ukiah Valley Fire District within available funding levels. 5) To maintain the community identity and ownership of the City of Ukiah and the Ukiah Valley Fire District fire stations and fire apparatus. Proposed Method of Accomplishing Objective: Create a joint powers authority to provide fire services in the areas now served by the City of Ukiah and the Ukiah Valley Fire District. To do so requires four separate agreements. I. The Joint Powers Aqreement The City and the District enter into a Joint Powers Agreement to create a Joint Powers Authority, to be called the "Ukiah Fire Authority." The Joint Powers Agreement will: A. State the purpose: to provide a specified level of fire protection services in the City and the District (the combined area will be the Authority's Jurisdictional Area) , State the service level in the City (e.g., Advanced Life Support Program) and any desired performance objectives. , State the service level in the District and any desired performance objectives. B. Create a Joint Powers Authority as a legal entity separate from the City and the District to provide the fire protection services by contract. -1- . Two contracts are anticipated: one with the City for provision of career personnel services (discussed in III below) and one with CDF for provision of services in the northern area of the Authority's jurisdictional area (discussed in IV below). . Dispatch services will be provided by the Authority by contract with the City, CDF or the County. . The agreement will specify other typical powers of the Authority, such as the power to enter into contracts, to retain the services of consultants, and to sue and be sued. C. Require regular meetings to be held at least annually. D. Designate the composition of the governing board (number of members), how appointed, how vacancies are filled, whether they receive compensation. . Proposed: City Manager; one Councilmember; two District Board Members; one member appointed by majority vote of other four members. E. Provide for any voting requirements (e.g., do actions require a simple majority of the authorized members of the board or a super majority?). F. Provide for election of officers (chair, vice chair). G. Provide that the Executive Officer of the Authority will be the Fire Chief and specify the duties of the Executive Officer. , Designate the treasurer of the Authority (must be either the City Finance Director or the District Treasurer). H. Prohibit the Authority from hiring employees. The Authority will, however, be able to provide some services through the use of volunteers. [Note: The prohibition against hirinq employees is critical to cost savings. If the Authority' has any' emplo)/ees, the Authority' will have to establish a personnel system, provide retirement and medical benefits, and take similar actions related to employment. It is unlikely' the Authority could provide benefits at the same cost as the C~ty. 1 I. Provide that the City and the District will retain ownership of existing fire stations and equipment (fire engines and trucks) , The City and District will lease the Central Station and South Station, respectively, and equipment to the Authority. The City and District will be responsible for providing liability insurance for the stations and -2- equipment. , The City and District will be responsible for providing equal funding to replace existing apparatus and equipment owned by either, when deemed necessary by the Authority. The City and District will be separately responsible for constructing new stations (if required for their service areas). 3. The Authority will maintain the equipment. J. Specify the respective funding obligations of the District and the City for operational costs of Authority. , Anticipated sharing: 71.55% City and 28.45% District, based on current operating budgets. The agreement needs to address how these percentages will be adjusted, based on growth, over time. . Any special services requested by either the City or District will be the financial responsibility of the City or District. K. Provide for accountability of funds, including an annual audit. L. Specify that areas to be annexed to the City in the future will not be detached from the District for fire protection services, in order to maintain the voter-approved special tax in the District's area. M. Require the board of the Authority to adopt the California Fire Code for the Authority's Jurisdictional Area; the City's code will apply for areas within the City; the District's code will apply for areas within the District. N. State the Effective Date that the Authority will assume the responsibility for fire protection. O. Provide for termination by either City or District following months' notice. . Include provisions clarifying disposition of capital facilities and equipment (remains property of City and District) and any personal property acquired during the term of the Agreement (turnout gear, computers, etc.). II. The City/District Contract to Hire Former District Employees The City and the District will enter into a contract whereby the City will agree to hire the current District employees. ^. On the date the new Authority assumes responsibility for providing services, the City will agree to hire all employees of the District who will be laid off by the District -3- at the same time. There will be no break in service. [Note: The Distdct has an obligation to meet and confer with its employee or.(Tanization regarding the effects of the decision to enter into the joint powers agreement and to Iai/off the existin,q employees, but does not have to meet and confer regarding the decision itself. Likewise, the City does not have to meet and confer regarding the decision to enter into the joint powers agreement but does have an obligation to meet and confer regarding any' effects of the decision which are within the scope of representation./ , All such new City employees will be subject to the provisions of the City's MOU with its fire unit regarding salaries, health benefits, retirement, hours, and other terms and conditions of employment. III. The Authority/City Contract for Career Personnel~Services IV The Authority will enter into a contract with the City whereby the City agrees to provide career personnel services in the Authority's jurisdictional area on such terms as provided in the contract. A. The City will agree to provide fire protection services to the entire area using its career personnel. B. The City will employ the Fire Chief for the Authority, subject to the Authority Board's approval. 1. The Fire Chief will represent the City before the Authority Board and will be designated as the Fire Chief of the Authority. 2. The Fire Chief will serve ex officio as the Clerk of the District's Board and as a Director to the City Manager. C. The level of services will be spelled out in the contract in the same way the service levels are set forth in the Joint Powers Agreement. D. The Authority will pay the City for the cost of providing the career fire protection personnel, including the cost of salaries and benefits, and any other services the contract provides that the City will perform for the Authority (e.g., payroll, purchasing, administration of insurance contracts) E. Termination of the contract by the City will be subject to the same provisions for termination in the Joint Powers Agreement. The Authority/CDF Contract for Fire Protection Services The Authority will enter into an "Amador" type contract with the California Department of Forestry (CDF) whereby CDF agrees to provide fire protection services in the northern area of Authority's Jurisdictional Area on such terms as provided in the contract. Role of City Following Approval of Agreements: The City will meet its obligation to provide fire services to its residents through the Joint Powers Authority. The City Council will adopt a budget each year for its share of the Authority's costs of providing fire service and will pay such monies to the Authority. The Authority will use those monies to provide fire services. It will do so by the use of volunteers; by contracting with the City for a certain number of personnel and other administrative functions; by contracting with CDF for fire services; and by contracting for dispatch services. Role of District Following Approval of Agreements: The District will meet its obligation to provide fire services to its residents through the Joint Powers Authority. The District's Board will adopt a budget each year for its share of the Authority's costs of providing fire service and will pay such monies to the Authority. The Authority will use those monies to provide fire services. It will do so by the use of volunteers; by contracting with the City for a certain number of personnel and other administrative functions; by contracting with CDF for fire services; and by contracting for dispatch services. J:~WPD~MNRSVV~715~OO1~Ltr~outline 050901.doc -5- ITEM NO. l~.a MEETING DATE: May 16, 2001 AGENDA SUMMARY REPORT SUBJECT: 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 ACT[ON: 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 ~P]iOAsVR]ddg:e. S0~ Candace H°rsley' (~ty Manager After negotiations with the City Manager, the current proposal is as follows: . . 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 CPT rate with a maximum CPT of 5%, and the lessees did not pay any revenue until five years after completion of the tower construction. Tn 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 Monday 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 antenna tower at the rear of the Police and Fire Departments, 300 Seminary Road, City of Ukiah, in Mendocino County, State of Califomia (collectively the "Premises ") together with access for Licensee's uses from the nearest public right-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 condition 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 EdgcLICENSE5-14CouncilClean 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(f). 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 fight 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 all applicable federal, 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 make 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 EdseLICENSES- 14CounciIClean 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 equipment from the tower and 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 Eds~LICENSES- 14CouneilCl~m 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 use of the Licensed premises and surrounding property. Licensee shall not be responsible for maintenance of the City's communication facilities 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 EdgeLICENSE5-14CouncilClean May 14, 2001 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 or 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, 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 except as otherwise specifically provided in 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 terminating such interference. In the event any 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. EdseLICENSE$- ! 4CouncilClean 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. Transferabili_ty 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 communications 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 any 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 Edse. LICENSES- 14CouncilCl~an 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 attomment 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 required 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 of Ukiah Edge Wireless, LLC EdgeLICENSE5-14CouncilClean May 14, 2001 By: By: Printed: Printed: 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 EdgeLICENSE5-14CouncilCl~m May 14, 2001 EXHIBIT "B" A SITE PLAN SKETCH COMPLETED BY AN ENGINEERING FIRM WILL BE PROVIDED BY THE LICENSEE AND ATTACHED PRIOR TO EXECUTION. EdgeLICENSES- 14CouncilClean May 14, 2001 ITEM NO. 12b DATE: May 16. 2001 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF PROFESSIONAL SERVICES CONTRACT WITH STERLING CODIFIERS, INC. FOR CODIFICATION AND RELATED SERVICES AND AUTHORIZlON FOR THE CITY MANAGER TO SIGN CONTRACT On January 28, 1991, the City of Ukiah entered into a Professional Services Contract with Sterling Codifiers, Inc. for codification services related to the City of Ukiah City Code. Since that time, the City's needs have changed, and new technology has been developed related to the codification process. The new proposed contract includes Folio Views, which is a search engine used for search and retrieval of information in the City Code. New items listed in the Contract include a $50 fee for each CD supplement update in Folio Views; a one-time charge of $2,800 for the Folio electronic software with the code as an InfoBase including the City's site license with access by unlimited users; and a yearly charge of $720 to host the City's Code on the Internet. On site training in Folio Views will be provided by Sterling Codifiers and is included in the one-time charge of $2,800. An average annual cost of $3,000 has been expended over the past four year period for codification services. Folio Views is a very user-friendly program, and those who need to access the Ukiah City Code on the Internet will find it easy to use. With the installation of Folio and the City Code on staff computers, there will be less paper generated. The City Attorney has reviewed and approved the proposed Contract. , Continued on Page 2 RECOMMENDED ACTION: Approve Professional Services Contract with Sterling Codifiers, Inc. and Authorize the City Manager to Sign the Contract ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine contract is to be modified, identify changes, and approved revised contract. 2. Determine contract is not to be amended and take no action. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Marie Ulvila, City Clerk Marie Ulvila, City Clerk ~ ~ Candace Horsley, City Manager, David Rapport, City Attorney, and Paulette Klingbeil, MIS Coordinator 1. Proposed Professional Services Contract with Sterling Codifiers, Inc. ,/ A P P R OV E D ~-~-"b~'~,.,,,,, Candace Horsley, ~ Manager Page 1 of 2 Staff researched the costs for codification services and found that it would cost approximately $25,000 for another vendor to codify our code and it would take approximately one year to complete. The City is happy with the services provided by Sterling Codifiers during the past ten years, and codification of the City Code is up to date. Page 2 of 2 PROFESSTONAL SERV] CES CONTRACT between .$TER£.rlv CODZF. rER .rNc. and the CITY OF UL_rAH CAL.rFORN_rA Section :t. General Provisions. This contract provides for the performance and delivery by Sterling Codifiers, Inc., in return for the consideration as stated herein, of the specialized professional services of collection, organization, classification, analysis, editing, proofreading, publication and supplementation of the legislation of the City of Ukiah, having been entered into between the City of Ukiah, in the County of Mendocino, State of Califomia, hereinafter termed "City'; and Sterling Codifiers, Inc., whose principal office is located in the City of Coeur d'Alene, County of Kootenai, State of Idaho, hereinafter termed "Stealing". Section 2. Subject Hatter. The legislation to be codified will mean the body of administrative and regulatory ordinances and/or local laws of the City that are general and permanent, in existence and in full force and effect, excluding the texts of standard codes adopted by reference (such as, but not limited to, building, housing or fire prevention codes recommended by ICBO, BOCA, etc., and state codes or regulations, etc.). Section 3. Materials Furnished by City. Whereas the City is already a client of Stealing, Steding has a copy of the code updated by regular supplement service through Ordinance 1033. The existing code currently totals about 1,100 pages, including zoning and subdivision ordinances. Ordinances subsequently passed should be forwarded to Sterling upon their passage. If any materials are available in an electronic format, those disks should also be sent. Section 4. Supplement Procedures. In the process of supplementation, Sterling will analyze the ordinance to be sure there are no discrepancies or conflicts with other parts of the code not addressed by the new or amending legislation. Any questions will be directed immediately to the City and clarified before work on the legislation is completed. The amendments will then be inserted, all changes to the table of contents, index and pages with special tables made, Steding Contract - Page 1 and the proper number of supplement sets for hard copy and updated electronic copies will be forwarded to the City. The city will continue to forward ordinances to Sterling as same are passed, and Sterling will proceed with supplementation to the municipal code using the same procedures outlined in this section. Section 5. Electronic Code. A. Computerized Version of the Code. As requested by the City, the code will be provided electronically in Folio VZEW$ search and retrieval software. Sterling provides installation, technical support, a user manual and teleconference training for key City personnel. B. The ]nternet. Sterling will also, at the future request of the City, provide and host /he code on the ~[nternet with a link from the City's home page. Section 6. Cost and Payment Procedures. Sterling will invoice the City for the services provided under this contract at its prevailing rates then in effect. A. Supplement Service. The rates in effect as of the date of this contract are: Annual fee No charge Hard copy, per page $20.00 CD update in Folio VIEWS, per supplement $50.00 Number of code books to supplement 30 B. Code in Folio VIEWS. Folio electronic software with code as an infobase (site license, unlimited users) Host code on the Internet, per year $2,800 $720 (optional) C. Other Services. Additional binders imprinted with City logo, each (minimum order of ten) $35 D. Shipping and Handling. Shipping and handling charges are prepaid by Steding and invoiced to the City. EJ Payment Schedule. The costs of Folio V~EWS and ongoing supplement service will be paid by the City upon delivery to the City and receipt of invoice from Stealing. Section 7. Waiver or ModificaUons. Steding Contract - Page 2 No waiver, alteration or modification of any of the provisions of this contract shall be binding unless in writing and signed by a duly authorized representative of both parties to this contract. Section 8. Governing Law. This contract shall be govemed by the laws of the state of Califomia. Section 9. Previous Agreement. Any and ali existing statements or agreements, whether oral or wdtten, or renewals thereof, between the parties hereto, covering the same subject matter, are hereby cancelled and superseded by this contract and such prior agreement shall have no further force and effect. Section 10. Paragraph Headings. The paragraph headings contained herein are for convenience and reference only and are not intended to define or limit the scope of this contract. Section 11. Notice. Whenever notice to a party is required by this contract, it shall be deemed given when deposited with proper address and postage in the U. S. mail, or when personally delivered as follows: ci-rY C~I-Y OF UK[AH Civic Center 300 Seminary Avenue Ukiah, Califomia 95482 STERLING CODIFIERS, INC. Attn: Bobbi Rollins 7600 Mineral Drive Coeur d'Alene, ID 83815 Section 12. Duplicate Originals. This contract may be executed in one or more duplicate originals beadng the original signature of both parties and when so executed, any such duplicate original shall be admissible as proof of the existence and terms of the contract between the parties. Section 13. Forum Selection. Stealing and the City stipulate and agree that any litigation relating to the enforcement or interpretation of this contract, arising out of the contractor's performance or relating in any way to the work, shall be brought in the appropriate court in Mendocino County and that venue will lie in Mendocino County. Sterling hereby waives any right it might sterling Contract - Page 3 otherwise have to seek a change of venue based on its status as an out of county corporation, or on any other basis. Section 14. Term of Contract. This contract will be in effect for three years from the date of execution by both parties. Either party may terminate this contract at any time by giving the other party sixty days written notice of such termination. ]:N WITNESS WHEREOF, Sterling and authorized officials of the City have hereby set their official signatures, at which time this contract shall take force and effect. TH]:S CONTRACT :IS HEREBY EXECUTED by the Cib/of Ukiah, by its. proper officers, this__ day of ...... ,2001. CITY OF UKIAI-I~ CAL.IFORNIJI By. Title Attest; Title: THZS CONTRACT :I:S APPROVED AND EXECUTED by an officer of Sterling Codifiers, Inc. this "" day ofL~;~.--~' ., 2001. (President \ Sterling Contract - Page 4 AGENDA SUMMARY ITEM NO. ~2c DATE: May 16, 2001 REPORT SUBJECT: CONSIDERATION OF ESTABLISHING POET LAUREATE PROGRAM IN THE CITY OF UKIAH At the April 4, 2001 City Council meeting, Susan Sparrow addressed the Council during the Audience Comments portion of the agenda concerning the possibility of Ukiah appointing a Poet Laureate (PL). Staff has conducted some preliminary research on this type of program and offers the following information for your consideration, and seeks direction as to how the Council wishes to proceed. The PL is given the charge of seeking to raise the consciousness and appreciation of the reading and writing of poetry. As noted in Attachment #2, there is a wide range of methods used to create and operate the honorary position of Poet Laureate. In all instances, the arts community has a strong presence in the selection and/or operation of a program, with either representation or endorsement from the governing agency. In all instances, it appears to be a (Continued on Page 2) RECOMMENDED ACTION: Determine whether Ukiah shall establish a Poet Laureate Program and provide direction to staff relative to process for making appointment. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine appointment of Armand Brint is appropriate at this time and request staff to draft a resolution for the next Council meeting for official appointment for a specified term. 2. Direct staff to correspond with other groups and agencies to initiate establishment of a local Poet Laureate Program with Council endorsement. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Susan J. Sparrow Karen Yoast, Executive Assistant Candace Horsley, City Manager 1. Susan Sparrow's Letter of April 4, 2001 2. Survey of Laureate Programs 3. iB~raphy for Armand Brint and sample of his work APPROVED~~ ~ ~s~.^s,~,o~.~o, Candace Horsley,-Gi~Manager very enjoyable and positive program. When Ms. Sparrow spoke to Council, she made a recommendation, on behalf of Writers Read, that Armand Brint be appointed as Ukiah's first Poet Laureate. Staff obtained additional information regarding Mr. Brint's qualifications as they pertain to this position as well as one of his poems (Attachment #3). When contacted by staff, Mr. Brint noted how surprised he was, and honored, that he had been nominated by Writers Read, and confirmed his agreement to work with the City Council and staff if Council would like to make an appointment at the meeting. However, if Council prefers to establish a process first and go through the usual solicitation for applications process (as we do with Commission/Committee members), appointment could be coordinated with that function for a July 1, 2001 effective date. Before that time, a subcommittee, or the Parks and Recreation Commission, could develop a Program to bring back to Council for approval. Another option would be to select a different time of year for an independent process to select the PL. Suggestions for composition of an initial subcommittee, if not performed by the Parks and Recreation Commission, could include the SunHouse Museum Director or her representative, a teacher and active writer, City Council and/or staff liaison, a Mendocino County representative, a Writers Read representative, and an interested citizen. Suggested items to be developed by the subcommittee would include: 1. Establishing future membership of formal subcommittee; 2. Establishing the role and responsibility of the PL; 3. Establishing the length of the PL's term; 4. Establishing duties of the PL; 5. Ratifying the process for selection of a PL, as determined by the Council; 6. Examining the possibility of having more than one individual serve as PL; 7. Examining any possible financial implications to ensure there is no financial impact on the City. Direction relative to other important items staff should provide prior to adoption of a PL Program is requested. Staff believes it would be very appropriate to commence a Poet Laureate Program in Ukiah, not just because Ukiah spelled backwards is "haiku" (a form of poetry), but because it will further demonstrate the City of Ukiah's dedication to promoting and highlighting our local cultural and literary arts, as well as honoring the individual chosen as the PL. Susan J Sparrow PO Box 2710 Ukiah CA 95482 275.9010 4/4/01 Mayor Phillip Ashiku City Manager Candace Horsley City Council Members Over the last 8 years there has been a resurgence of interest in poetry and the spoken word. Mendocino County is home to many outstanding writers and poets. For the past year, Ukiah's Writer's Read, a monthly public venue for the spoken word, has been attracting participants of all ages and walks of life. Each month 25 to 60 people attend the program with at least 12 of them reading during open mic time. Following the community readings, we feature a published reader, many of whom are nationally known. Two months ago Poets & Writers Inc. recognized our series by providing support through a matching grant from the James Irvine Foundation. Additional support for this event is given by Tenacity Press and the Saturday Afternoon Club. As April is National Poetry Month, I would like to recommend the City Council appoint Armand Brint as Poet Laureate to represent Ukiah for this coming year. Given that Ukiah has a growing reputation for supporting cultural events, with music, theater, dance, and a wonderful museum, this would be a nice addition announcing to the world that we really do care about the arts. A Poet Laureate is an honorary position and the appointee can participate in local events and important occasions with a special poem. Lake County and Point Arena both have their Poet Laureates. Shouldn't we have one too? V RITEK5 REAP at Sa~u rday A{--ternoon Cl u bhouse tO7 South Oak at Church Streets, Ukiah Thursday, April 26, 2001 7:00- 9:30 pm featuring Robin RuLe Recipient of the 1989-90 CaLifornia Arts Counci[ Fet[owship for Literature. Robin is the author of 4 books. She is atso the pubtisher of Rainy Day Women's Press; and in conjunction with Danie[ Essman, organizes and co-hosts Car[or& Poetry Series in Wi[Uts. This event is supported by Poets & Writers, Inc. through a grant it has received from The James Irvine Foundation. Open mike begins at 7:00 PM Bring your poetry, or a favorite piece to read Upcoming Readers May - Crawdad Ne[son JuLy- Mary Norbert torte June- Theresa Whitehi[[ August- Patricia GaLe Additional support for this event is given by Tenacity Press and the Saturday Afternoon CLub Tea, coffee and deserts available information at: 2 75-9010; write®sabennet Armand Brint ~ Biographical Information & Comments About "Ukiah Poet Laureate" ' Armand Brint's award winning poetry has appeared in many literary journals over the years and he is the author of Schools ofLight (Linwood Publishers, 1995). He recently completed a second manuscript, The League of Slow Cities. Armand received his Masters Degree in English/Creative Writing from San,Francisco State University and has taught creative writing at colleges/universities in the Bay Area as well as at Mendocino College. He also co-edited two books on preventive health care. .. Armand is a popular reader in Mendocino County and a sincere advocate for poetry and the artS. While "Poet Laureate" is a somewhat imposing title, Armand sees it as a entree, an opportunity to bring poetry into Ukiah classrooms, communities and organizations. Arid he sees the designation of Poet Laureate as recognition of the importance of art in daily community life. As Prevention Services Manager for the County's Department of Public Health, Armand has integrated expressive writing and presentations in his own community health work and supported school-based and grass roots programs that involve young people in the arts. He strongly beheves that one proven waY' to keep kids engaged (and away frOm drugs, violence and related risky behaviors) is to encourage their creative expression. Finally, Armand believes that a Ukiah Poet Laureate would allow people to see that poetry is not the exclusive property of academics and "romantics," but a useful vehicle for the extraordinary feelings and experiences of ordinary people. ~' Thc Emerald Cafe I was sorry, to hear about the closing of the Emerald Cafe. The place we met to read poems. Understanding it had always been ephemeral-- a green vapor passing through Dorothy's mind. It's green glass steeples st~ding in the middle distance, in a near future composed of skipping." Gleaming towers singing all things green-- because life is sweet. The Emerald was too full of light-- incapable of catering to the lower appetites: ..- black and white hard scrabble, dark tornados and the cackle of scared pullets. Ma.vbe its owners miscalculated the arc of rainbows, the migration of blue birds or the fact that Munchkins live on fat flowers and refuse to sit at tables. In any case, I'm sorry to hear about the Emerald-- that the ghost of poems will recede into its brick walls, yellowing with time. Already people forget the silk balloons that brought them here fi.om Omaha. And the Wicked Wi'tch darkens the sky with doubts, sickens the air with rotten eggs of sulphur. There is only one thing to do-- m~e the long journey back to the Great and Powerful OZ, and ask ~hat we always ask for in our poems: a brain, a heart, some courage. 12d ITEM NO. MEETING DATE: May 16, 2001 AGENDA SUHIqARY REPORT SUB.1ECT: APPROVAL TO EXTEND CLOSURE DATE OF LANDFILL OPERATIONS TO OCTOBER 31, 2001 Staff is recommending Council approve the extension of the closure date for the Ukiah Solid Waste Landfill to allow the continuation of operations to meet the community's waste disposal needs until the Taylor Drive Transfer Station opens. The City had previously declared a closing date for the landfill of .lune 4, 2001. Since that time, the Taylor Drive Transfer Station has been under construction and is completed. However, the design and construction of required off-site improvements fell behind schedule and completion is currently not expected until August. Area franchise haulers have made other disposal arrangements for the packer loads. Solid Waste Systems is currently hauling City of Ukiah waste to the Healdsburg Transfer Station under an agreement approved by the Sonoma County Board of Supervisors on May 1, 2001. This agreement was established with an end date of October 31, 2001 even though (Continued on Page 2) RECOMMENDED ACTION: Council approve extension date of landfill closure to October 31, 2001. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Council approve extension date of landfill closure to August 31, 2001 Citizens Advised: Requested by: Prepared by: Coordinated with: Attachment: N/A N/A Diana Steele, Director of Public Works/City Engineer Candace Horsley, City Manager None Approved: 4:Can:ASRExt. S01 Candace Horsley, Cil Manager the necessity for the agreement is not exPected to extend beyond August when the off- site improvements for the Taylor Drive project are completed. City staff is working with the Local Enforcement Agency (LEA), to arrive at a Stipulated Agreement to continue waste disposal operation for self-haulers at the Ukiah Solid Waste Landfill. Under this Agreement, small loads will be directly loaded into roll-off boxes that Solid Waste Systems will haul away on an ongoing basis. Larger loads, such as from end dumps and dump trucks, will be landfilled as long as conventional landfill capacity remains. These larger loads are generally inert demolition and construction materials, and do not contain household or food waste, and therefore do not constitute a health or contamination hazard. Under the Agreement, when the landfill capacity is reached, the larger loads will then be dumped on the ground, track-walked or compacted to break it down, and then loaded into roll-off boxes to be hauled off the site by Solid Waste Systems. Staff recommends approval by the City Council to extend the closure date of landfill operation to October 31, 2001. ITEM NO. 12e MEETING DATE: May 16, 2001 AGENDA SUMMARY REPORT SUB..1ECT: DISCUSSION OF COMMI1-FEE/COMMISSION APPOINTMENT PROCESS AND APPLICA~ON FORMS AND POSSIBLE DIRECTION TO STAFF- COUNCILMEMBER LIBBY Councilmember Libby had requested that Council hold a discussion on the process for recruitment and selection of City Committee and Commission members. A copy of Councilmember Libby's letter is attached for your information. Background The following outlines the current process for filling a vacancy on a City of Ukiah Commission/Committee: . 1 . City Clerk provides a News Release to the media announcing vacancy(ies) to commissions and the deadline for submittal of applications. Applications are provided to the public upon request. Each application contains questions relevant to the individual commission. City Clerk receives all applications by the deadline and prepares an Agenda Summary Report to the City Council. Copies of all applications are included in the Report. (Continued on Page 2) RECOMMENDED ACTION: Council discussion and direction to staff regarding Committee/Commission appointment process ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine no revisions to appointment process are to be made 2. Provide direction to staff and bring this item back to the City Council at a later time for further discussion Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: 1. 2. 3. 4. 5. N/A Councilmember Libby Candace Horsley, City Manager Marie Ulvila, City Clerk Letter, dated 5/2/01, from Councilmember Libby Resolution No. 95-48 Terms of Commission/Committee Members Sample Press Release Applications for Respective Commissions/Committees Approved: ~ ~~--~ Candace Horsley, C~ty Manager 4:Can:ASRProcess.501 ~ . . For Planning Commission appointments only, an interview timeline is determined which normally occurs just prior to the regular City Council meeting, and the applicants are interviewed by the City Council. (In the early 1990s, the City Council felt that the Planning Commission appointments were of such an important nature that they preferred to be able to interview the applicants to get a better understanding of the applicant's background, qualifications, and viewpoints. At that time, questions submitted by both Councilmembers and Planning staff were asked of each Planning Commission candidate during the interview session with the City Council.) At a regular City Council meeting, the applications are reviewed by the City Council and a designated Councilmember (selected on a rotational basis) makes the first nomination for appointment to fill the vacancy on the commission. The City Clerk keeps a record of the rotation schedule for each commission or committee. 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. The City Council adopts a Resolution making appointments to the specific commission/committee with the designated term of office. The City Clerk has provided copies of the terms of City Boards and Commissions as well as an example of a typical Press Release and the application forms and questions for each Commission. Staff will be available to answer any questions that Council may have. MEMO 5/2/2001 Dear Candace: Regarding the council meeting on 5/16/2001 and my request we take a look and possibly act on the manner we have been appointing airport commissioners, I would like to clarify the following. Council member Ashiku asked that we also look at the other individual committees so, as we do not piece them in one at a time. I feel this is a good idea to spend the time on each committee just as a matter of making sure ways of the past are still applicable to today. In addition, we recently per the request by council member Baldwin discussed if planning commissioners should be appointed individually by council members instead of the appointment process. We did not however discuss if the currant appointment process is adequate or maybe needs a little tweaking. I want to make sure in the discussion process scheduled for the May 16th the Planning Commission is included in that process for what will probably be a very short discussion. ~y/u Candace. . Kathy / / 300 SEMINARY AVENUE uKIAH' CA 95482-5400 Phone# 707/463-6200 Fax-# 707/463-6204 Web Address: www. cityofukiah.com RESOLUTION NO. 95- 48 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IIKIAH ESTABLISHING PROCEDURE FOR FILLING VACANCIES ON CITY COMMISSIONS AND BOARDS. WHEREAS, 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; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts the following 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. All 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. 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. s:~u~resos95~vacancy.pro May 30, 1995 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 tl~e 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 7 th day of Jtme following roll call vote: , 1995, by the AYES: Cotmcilmembers ' Wattenburger, Shoemaker and Mayor Schneiter NOES: Councilmember Malone ABSTAIN: None ABSENT: Councilmember Mastin Fred Schn~'i'~er, Mayor TERMS OF CITY OF UKIAH BOARDS AND COMMISSION MEMBERS As of January 17, 2001 *Next Councilmember to nominate for appointment to this Commission/Board. Planning Commission-3 year term - (Larson*) James Mulheren Jennifer Puser Mike Correll Judy Pruden Joe Chiles Date of Current Appointment 1/17/01 7/01/98 7/01/98 7/17/99 7/05/00 Present Term Expires 6/30/01 6/30/01 6/30/01 6/30/02 6/30/03 Last Date To Serve 6/30/04 6/30/04 6/30/04 6/30/02 6/30/03 Airport Commission - 3 year term ** - (LibbY*) Ken Fowler ** - Chairperson Mark Ashiku James Mulheren Michael Whetzel Allen Rogina** 7/01/98 7/O 1/98 1/11/00 7/01/98 8/4/99 ** Two Commissioners may reside within the Sphere of Influence 6/30/01 6/30/01 6/30/01 6/30/01 6~30/02 6/30/01 6/30/04 6/30/04 6/30/04 6~3O~05 Parks, Recreation, and Golf Commission - (Smith*) Perry Ramsey - Men's Golf Club Judith Waterman - Women's Golf Club Faye Hefte - Golf- Public Member Fredrick Koeppel Jon Henderson James Mulheren Susan Johnson, Chairperson 8/18/99 6/30/01 6/30/01 7/05/00 6~30~02 6~30/04 7/05/00 6~30/02 6/30/04 7/01/98 6/30/01 6/30/04 7/01/98 6/30/01 6/30/04 7/01/98 6/30/01 6/30/04 8/18/99 6/30/02 6/30/02 Design Review Board - (Ukiah Redevelopment Agency Commissioner Baldwin*) Thom Parducci, Chairperson 6/30/95(Retro) 6/30/01 DeDe Ledford 6/30/95 (Retro) 6/30/01 Marge Boynton 1/20/99 6/30/01 Donna Berry 10/15/97 10/15/00 Joan Schlienger (at large) 2/18/98 6/30/00 6/30/01 6/30/01 6/30/04 10/15/00 6/3O/03 *First three terms were to expire in 1995, however, individuals not nominated until 6/19/96. It was necessary for these terms to expire in 1998, therefore, their 6/19/96 appointment was retroactive to 6/30/95 for purposes of their terms. Investment Oversight Committee - Public Member 2-year term - (Ashiku*) Phillip Ashiku - Mayor Roy Smith - City Councilmember Candace Horsley - City Manager Gordon Elton - Finance Director Monte Hill- Public Member 7/05/00 Allen Carter - City Treasurer, Chair 6/30/02 N/A Terms: January 17, 2001 Page 1 of 2 TERMS OF CITY OF UKIAH BOARDS AND COMMISSION MEMBERS As of July 5, 2000 Traffic Engineering Committee - (LibbY*) Diane Zucker Steve Turner (MTA Rep.) Benjamin Kageyama (Public Rep.) City Manager - Candace Horsley City Engineer- Diana Steele Police Chief - John Williams Planning Director - Charley Stump Superintendent of Public Works - Jim Looney Civil Service Board Albert Beltrami (reappointed by Council 9/6/95) Bill Webster (appointed by employees on 10/25/99) Dan Saylor (appointed by two other members) Date of Current Appointment 4/5/00 6/15/88 10/6/99 Present Term Expires Last Date To Serve City Representative on the Library Advisory Commission Ann Fatch 11/04/92 Cultural Arts Advisory Board - Mastin* Currently Inactive Demolition Permit Review Committee - 2 year term -...!...n.....a_.c...t!...v....e.. Director of Public Works/City Engineer (all other terms have expired) City of Ukiah Disaster Council Mayor - Phillip Ashiku Councilmember - Kathy Libby City Manager- Candace Horsley Assistant City Manager - Albert Fierro Police Captain - Chris Dewey Fire Operations Captain - Bill Woodworth City Attorney- David Rapport (no vote) Federal, State and Local Organizations: American Red Cross California Dept. of Forestry Mendocino Emergency Services Authority Mendocino Transit Authority Pacific Bell Pacific Gas and Electric Radio Amateur Civic Emergency Services (R.A.C.E.S.) 12/20/00 Chair 12/02/98 First Vice Chair 12/02/98 Second Vice Chair 2000 2000 11/05/97 11/05/97 Ukiah Chamber of Commerce Ukiah Unified School District Ukiah Valley Medical Center Emergency Services Coordinator - Staff Terms: January 17, 2001 Page 2 of 2 NEWS RELEASE 300 SEMINARY AVE., UKIAH, CA 95482-5400 · ADMIN. 707/463-6200 · PUBLIC SAFETY 463-5242/6274 · FAX # 707/463-6204 · EMAIL: ukiahcty®jps.net · OPPORTUNITY TO SERVE YOUR COMMUNITY DATE: FOR RELEASE: SUBJECT: CONTACT: May 19, 2000 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 Planning Commission, Parks, Recreation, and Golf Commission, and the Design Review Board, effective June 30, 2000. 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 eliqible to reapply. ~ i I COMMISSION -. NUMBER OF LENGTH OF RESIDENCY VACANCIES TERM REQUIREMENT Planning Commission 1 3 Years City Resident Parks, Recreation, and 2 2 Years City Resident Golf Commission Investment Oversight 1 2 Years City Resident Committee Applications are located at the reception counter in the administration wing of the Ukiah Civic Center, 300 Seminary Avenue, or call 463-6217 for an application to be mailed or faxed to you. The submittal deadline is Friday, June 23, 2000, at noon. The appointments will be considered at the regular City Council meeting of July 5, 2000. Marie Ulvila, City Clerk c: KUKI/KIAH KMFB KPRA KWNE KZYX KFWU UKIAH DALLY JOURNAL KNTI PRESS DEMOCRAT KQPM MAIN STREET NEWS If you have any questions regarding the election process, you may contact City Clerk Marie Ulvila at 463-6217. Clerk:PR10 (5/19/2000) 'SX/e Are Here To Serve" CITY OF UKIAH APPLICATION FOR AIRPORT COMMISSION APPOINTMENT DATE: I am applying for an appointment to the City of Ukiah's Airport Commission 1. Name 2. Residence Address 3. Business Address 4. Employer 5. How long have you resided in Ukiah? California? 6. Job title Res. Phone Bus. Phone Employed since years; Mendocino County? Please list community groups or organizations you are affiliated with. Indicate office held Please answer the following questions on separate sheets of paper and attach. 7. Why are you applying to serve on the City of Ukiah's Airport Commission? 8. What is your understanding of the purpose, role and responsibility of the Airport Commission? 9. How do you believe your own skills, experience, expertise and perspectives will be beneficial to the work of the Airport Commission? 10. What do you believe is the single most important Airport related issue facing our community? and why? 11. In your opinion, what type of Airport programs or Airport development should the City encourage? 12. In your opinion, what type of Airport programming or Airport development should the City discourage? 13. What kind of ideal community do you envision for Ukiah? 14. Do you have any known projects or conflict of interest related to this Commission? SUBMIT THIS APPLICATION TO: City of Ukiah, Attn: City Clerk, 300 Seminary Avenue, Ukiah, CA 95482-5400 Comms:apairpor-11/99 CITY OF UKIAH APPLICATION FOR DESIGN REVIEW BOARD APPOINTMENT Date: I am applying for an appointment to the City of Ukiah's Design Review Board. 1. Name: 2. Residence Address' Res. Phone: 3. Business Address' Bus. Phone: . Se . e Employer: Job Title: Employed Since: How long have you resided in Ukiah?~ yrs; Mendocino County?~ California? Have you received and read the Downtown Master Revitalization Plan and Downtown Guide? Please list community groups or organizations you are affiliated with and list any offices held. Please answer the following questions on separate sheets of paper and attach to application. e , . Why are you applying to serve on the City of Ukiah's Design Review Board? What is your understanding of the purpose, role and responsibility of the Design Review Board? Do you live within the Ukiah city limits? 10. Do you own a business in the Downtown District? 1 1. How do you believe your own skills, experience, expertise, and perspective will be beneficial to the work of tt'e Design Review Board? 12. 13. What type of design/architectural experience do you have? Are there any other City of Ukiah Committees/Commissions in which you are interested, and on which would you be willing to serve? 14. Are you familiar with the Ukiah Main Street Program? If so, please explain your understanding of the purpose and function of Design Review in connection with the Main Street Program. Your name will be kept in an applicants' pool for one year from the date of your application, and we will notify you of vacancies as they occur. For more information or if you have questions, please contact the City Clerk's office at 463-6217. Thank you for your interest in serving the City of Ukiah. 6:CITY CLERK B:~DRB-COMM.APP CITY OF UKIAH APPLICATION FOR PUBLIC MEMBER INVESTMENT OVERSIGHT COMMITTEE ! am applying for appointment as the Public Member of the Investment Oversight Committee for the City of Ukiah. NAME: RESIDENCE ADDRESS: RESIDENCE PHONE: BUSINESS PHONE: BUSINESS ADDRESS: EMPLOYER: POSITION/JOB TITLE: EMPLOYED SINCE: RESIDED IN THE CITY OF UKIAH SINCE: RESIDED IN MENDOCINO COUNTY SINCE: Please list any elected or appointed position you have held: Please answer the questions on the next page using extra sheets of paper as needed. When submitting this application, please attach a complete resume covering your education, career, and community experience. Signature Date SUBMIT APPLICATION TO: City Clerk, 300 Seminary Avenue, Ukiah, CA 95482 CITY OF UKIAH APPLICATION QUESTIONNAIRE PI. IBLlC MEMBER- INVESTMENT OVERSIGHT COMMITTEE 1. Why did you apply to serve the City of UMah in this capacity? , What experience do you have that qualifies you to carry out the duties and responsibilities as a member of the Investment Oversight Committee? o Do you currently conduct any business with the City as a vendor, supplier, or independent contractor? . Please be specific in describing your experience in the management of a multifaceted investment portfolio. , How extensive is your experience relating to municipal investing? Are you familiar with the State requirements associated with local government investments? Describe any previous experience you have had with municipal government finances. o What types of internal controls would you recommend for the City's investment committee? 7. Why should the City Council appoint you to this position? clerk a:invest.app Date CITY OF UKIAH APPLICATION FOR APPOINTMENT PARKS, RECREATION & GOLF COMMISSION I am applying for an appointment to the City of Ukiah's Parks, Recreation & Golf Commission. 1. Name 2. Residence Address 3. Business Address 4. Employer 5. How long have you resided in Ukiah? . 6. Job Title years; Mendocino County Res. Phone Bus. Phone Employed Since years; Calif.? years Please list community groups or organizations you are affiliated with and indicate any offices held Please answer the following questions on separate sheets of paper and attach to application. 7. Why are you applying to serve on the City of Ukiah's Parks, Recreation and Golf Commission? . What is your understanding of the purpose, role and responsibility of the Parks, Recreation and Golf Commission? . How do you believe your own skills, experience, expertise and perspectives will be beneficial to the work of the Parks, Recreation and Golf Commission? 10. What do you believe is the single most important parks, recreation, and golf issue facing our community? And why? 11. In your opinion what type or types of parks development or recreational and golf programs should the City encourage? 12. In your opinion what type or types of parks development or recreational and golf programs should the City discourage? 13. What kind of ideal community do you envision for Ukiah? 14. Are there any other city of Ukiah Committees/Commissions in which you are interested and on which you would be willing to serve? SUBMIT THIS APPLICATION TO: City of Ukiah, Attn: City Clerk, 300 Seminary Avenue, Ukiah, CA 95482-5400 commsn:aplctn2 Date CITY OF UKIAH APPLICATION FOR PLANNING COMMISSION I am applying for an appointment to the City of Ukiah's Planning Commission. 1. Name 2. Residence Address 3. Business Address 4. Employer 5. How long have you resided in Ukiah? Job Title years; Mendocino County Res. Phone Bus. Phone Employed Since years; Calif.? 6. Please list community groups or organizations you are affiliated with and indicate any offices held: Please answer the following questions on separate sheets of paper and attach. 7. Why are you applying to serve on the City of Ukiah's Planning Commission? 8. What is your understanding of the purpose, role and responsibility of the Planning Commission? 9. What is, or should be the relationship between the City's Planning Commission and the City Council and between the Commission and Staff? 10. How do you believe your own skills, experience, expertise and perspective will be beneficial to the work of the Planning Commission? 11. What do you believe is the most important land use related issue presently facing our community? 12. As a member of the Planning Commission, how would you attempt to address this priority issue? 13. In your opinion what type or types of growth, if any, should the City encourage? 14. In your opinion, what type or types of growth should the City discourage? 15. Are there any changes to the City's current planning review process that you would like to see implemented? 16. What kind of ideal community do you envision for Ukiah? 17.Are there any other City of Ukiah Committees/Commissions in which you are interested and on which you would be willing to serve? Your name will be kept in an applicants' pool for one year from the date of your application, and we will notify you of vacancies as they occur. For more information or if you have questions, please contact the City Clerk's office at 463-6217. Thank you for your interest in serving the City of Ukiah. Forms:Planning Commission ^pp Revised: 11/2000 CITY OF UKIAH APPLICATION FOR TRAFFIC ENGINEERING COMMITTEE APPOINTMENT Date I am applying for an appointment to the City of Ukiah's Traffic Engineering Committee 1. Name 2. Residence Address 3. Business Address 4. Employer Job title Res. Phone Bus. Phone Employed since 5. How long have you resided in Ukiah?__ years; Mendocino County? California? 6. Please list community groups or organizations you are affiliated with. Indicate office held. Please answer the following questions on separate sheets of paper and attach. 7. Why are you applying to serve on the City of Ukiah's Traffic Engineering Committee? 8. What is your understanding of the purpose, role and responsibility of the Traffic Engineering Committee? 9. How do you believe your own skills, experience, expertise and perspectives will be beneficial to the work of the Traffic Engineering Committee? 10. What do you believe is the single most important traffic related issue facing our community? and why? 11. In your opinion, what other transportation issues/problems should the City expend its limited resources to resolve? 12. What kind of ideal community do you envision for Ukiah? 13. Are there any other City of Ukiah Committees/Commissions in which you are interested, and on which you would be willing to serve? 14. Do you have any known projects or conflict of interest related to this Committee? SUBMIT THIS APPLICATION TO: City of Ukiah, Attn: City Clerk, 300 Seminary Avenue, Ukiah, CA 95482-5400 Comms:aptrafc Revised: 8/20/99 12f ITEM NO. DATE: MRy 1R, 2{301 _A_GI=N_DA_ $1_IMM_ARY Ri=PORT SUBJECT: Authorize submittal of the annual "Power Source Disclosure and Customer Credit Program Report" for 2000. REPORT: California state law, SB 1305, requires any retail supplier that makes specific claims regarding a power mix that differs from the California system power mix to submit quarterly and annual power source disclosure reports to all customers and an annual report to the California Energy Commission (CEC). Since Ukiah elected to use a power source mix different than the California system power mix, the city is required to submit an annual power source disclosure report to the CEC. The CEC reporting procedures require that the City Council approve submittal of the annual report and attestation executed by the Director of Public Utilities. An attestation is required as verification of the information contained in the applicable schedules and that the power has been sold "once and only once to retail consumers". Staff requests authorization to submit the required report. RECOMMENDED ACTION: Authorize submittal of the annual "Power Source Disclosure and Customer Credit Program Report" for 2000. ALTERNATIVE COUNCIL POLICY OPTIONS: Direct staff as to alternative. Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Prepared by: Ann Burck, Administrative Analyst Coordinated with: Candace Horsley, City Manager Attachments: 1. Annual Report to the California Energy Commission: Power Source Disclosure and Customer Credit Programs, March 2001, including Attestation Form Candace Horsley, anager R:4/CM ASR GENERAL INSTRUCTIONS Please enter your company's name, CPUC registration number as filed with the California Public Utilities Commission (if applicable), and/or the California Energy Commission Renewable Energy Program Registration number (if applicable). Company Name CPUC Reg # (if applicable) CEC Reg # (if applicable) City of Ukiah Fill out the schedules that apply to your company's filing requirements and e-mail the completed file to the addresses shown below. Then print out the file, sign the attestation as appropriate, and mail the package to the address shown below: California Energy Commission 1516 9th St. MS-45 Sacramento, CA 95814 e-mail: <sb1305@energy.state.ca.us> If you have questions, contact Drake Johnson at (916) 653-5898 or <djohnson@energy.state.ca.us>. NOTE: Information submitted in this report is not automatically held confidential. If your company wishes the information you submit to be held in confidence, it will be necessary to submit an application for confidentiality. dsn: 2000_annual_rpt_forms_U K INSTRUCTIONS: Enter information about power purchases supporting all electricity products for which your company is filing the Annual Report. If you need additional rows, add them from the INSERT menu. Note: if the power was purchased from a power pool or registered renewable wholesaler that will be filing an Annual Report with the Energy Commission (schedules 3 and 4), identify the name of the pool / wholesaler under "Facility Name." SPECIAL INSTRUCTIONS FOR PARTICIPANTS IN THE CUSTOMER CREDIT PROGRAM: Place a check mark in the final column to indicate any transactions that are eligible for the customer credit (i.e. purchases for which the customer credit was received). Note that the net kWh purchased as indicated on this schedule should be consistent with the information reported in Box 9 from your Monthly Performance Reports. Geothermal Plant #1 Geothermal Plant #2 Spicer #1 Spicer #2 )icer #3 Coll. #1 Coll. #2 Alam #1 Natural Gas Alam #1 Oil/Distillate Alam #2 Natural Gas Alam #2 Oil/Distillate Lodi CT #1 Natural Gas Lodi CT #1 Oil/Distillate Roseville CT #1 Nat Ga Roseville CT #10il/Dist Roseville CT #2 Nat Ga: Roseville CT #20il/Dist Lodi CT #2 Natural Gas Graeagle Folsom J. F. Carr Keswick Geo Steam Geo Steam Hydro Hydro Hydro Hydro Hydro NG Oil NG Oil NG Oil 7368 29,488,600 7369 7453 7453 7453 7453 7453 7450 7450 7450 7450 7451 7451 NG 7452 Oil 7452 NG Oil NG Hydro Hydro Hydro Hydro 7452 7452 Hydro 22,875,700 156,831 184,189 54,658 6,065,218 5,728,604 281,411 0 250,679 0 291,374 0 269,334 0 268,202 0 7449 0 H0209 0 441 442 443 6158 New Melones Hydro Nimbus Hydro 444 O'Neill 446 Hydro Hydro Hydro Gianelli Shasta Spring Creek Trinity 448 445 450 451 3,712,294 3,758,338 2,973,307 3,144,332 432,646 39,006 981,031 13,650,457 4,854,628 Hydro 4,301,213 Total Specific Purchase 103,762,053 103,762,053 ~Please enter the Energy Information Administration identification number for the generating facility, if available. 2 Please enter the Energy Commission Renewable Energy Program Registration number for the generating facility, if applicable. 3 California Energy Commission's assigned unique number for the Certificate of Specific Generation CEC Reg. # dsn: 2000_annual_rpt_forms_UK (1) 52,364,30(} 867,330 49,169.423 1,361,000 . ~ If total retail sales do not match total "Net kWh Purchased' from Schedule 1. please provide an explanation in an attachment to your filing. If the difference is due to losses, it is sufficient to simply state this. CEC Reg. # 0 dsn: 2000_annual_rpt_fon~s_UK (1) INSTRUCTIONS: Total your specific purchases (by fuel type) and generic purchases from Schedule 1 and enter these numbers in the first column. The remainder of this sheet is automated. If for any fuel type (including generic) the numbers in the Difference column are negative, please provide an explanation for this imbalance of supply and load. 52,364,300 .. _ 867,330 - 49,169,423 1,361,000 - 867,330 EXPLANATION OF DISCREPANCIES: 1 If total retail sales do not match total "Net kWh Purchased" from Schedule 1, please provide an explanation in an attachment to your filing. If the difference is due to losses, it is sufficient to simply state this. CEC Reg. Cf 0 dsn: 2000_annual_rpt_forms_UK INSTRUCTIONS: This form will automatically calculate the correct annual power content label percentages based on your sales reported on Schedule 2. CEC Reg. # 0 Eligible Renewables -- Biomass & waste -- Geothermal -- Small hydroelectri~ -- Solar -- Wind Coal Large Hydroelectric Natural Gas Nuclear Other TOTAL 89% 0% 0% 0% 0% 11% 0% 0% 0% 0% Specific Purchases (UWh) 53,231,630 52,364,300 867,330 . 49,169,423 1,361,000 103,762,053 Breakdown of Specific Purchases =(x) 51% O% 50% 1% 0% O% 0% 47% 1% 0% 0% 100% Weighted Specific Purchases =(wl)(x) 45% 0% 45% 1% 0% 0% 0% 42% 1% 0% 0% 89% Breakdown of 1999 Net System Power =(y) 12% 2% 5% 3°/, 0°/, 1°/, 20% 20% 31% 16% 1% 100% Weighted Generic Purchases =(w2)(y) 1% O% 1% O% 0% O% 2% 2% 4% 2% 0% 11% 0% Power Content Label Percentages =(wl)(x)+(w2)(y) 47% 0% 45% 1% 0% 0% 2% 44% 5% 2% 0% 100% dsn: 2000_annual_rpt_forms_UK (1) I, DarryI Barnes~ Director of Ukiah Utilities, declare under penalty of perjury, that the statements contained in Schedules 1~ 2A~ 2B~ and 2C are true and correct and that I, as an authorized agent of the City of Ukiah, have authority to submit this report on the company's behalf. I further declare that the megawatt-hours claimed as specific purchases as shown in these Schedules were, to the best of my knowledge, sold once and only once to retail consumers. Signed: Dated: Executed at: Ann Burck Administrative Anal' City of Ukiah 300 Seminary Avenue Ukiah, CA 95482-5400 707-463-6286 )4 dsn: 2000_annual_rpt_forms_UK (2) AGENDA SUMMARY ITEM NO. 12g DATE: May 16, 2001 REPORT SUBJECT: ADOPTION OF RESOLUTIONS ELECTING CALPERS HEALTH PLANS FOR THE FIRE AND POLICE UNIT EMPLOYEES As agreed upon in the current Police and Fire Units Memoranda of Understanding, the respective Units may elect to enroll in the CalPERS Health Program (Public Employees' Medical and Hospital Care Act). Each unit conducted an election and the majority of unit members voted for the CaI-PERS Health Plan. Their current health plan contract ends on June 30, 2001, therefore a resolution must be forwarded to CalPERS immediately in order to complete enrollment for a July 1,2001 effective date. A resolution for each of the two employee units is attached for Council's review and consideration. CalPERS allows enrollment either on a city-wide basis (which was not elected by the remaining employee units), or by individual employee units. In addition to electing CalPERS Health Plan for the members of the Police and Fire Units, the resolution also establishes the employer rates for employees and retirees. The City has elected the minimum allowable employer rate of $16.00 per employee, per month, which will be deducted from the established flex plan dollars or City paid health contribution that each Unit member receives. The employer rate for retirees will be $1.00 per month, with an annual increase of 5% of the active employee rate per year. Therefore, the monthly employer rate for retirees would increase $.80 per year until the rate reaches $16.00. Staff recommends adoption of the resolution in order to provide CalPERS Health Plans to the Police and Fire Units effective July 1,2001. RECOMMENDED ACTION: Adopt Resolutions for Fire Unit and Police Unit Electing to be Subject to Public Employees' Medical and Hospital Care Act ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Do not adopt Resolutions. 2. Refer to Staff for additional information. Requested by: Prepared by: Coordinated with: Attachments: City of Ukiah Police and Fire Units Melody Harris, Personnel Officer Candace Horsley, City Manager 1. Resolution Electing PERS Health Plan - Fire Unit 2. Resolution Electing PERS Health Plan- Police Unit APPROVED:.. 3:\per\RESpershlth Candace Horsley, City~anager RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ELECTING TO BE SUBJECT TO PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT ONLY WITH RESPECT TO MEMBERS OF THE FIRE UNIT AND FIXING THE EMPLOYER'S CONTRIBUTION FOR EMPLOYEES AND THE EMPLOYER'S CONTRIBUTION FOR ANNUITANTS AT DIFFERENT AMOUNTS WHEREAS, Government Code Section 22850.3 provides that a contracting agency may elect upon proper application to participate under the Public Employees' Medical and Hospital Care Act with respect to a recognized employee organization only; and WHEREAS, Government Code Section 22857 provides that a contracting agency may fix the amount of the employer's contribution for employees and the employer's contribution for annuitants at different amounts provided that the monthly contribution for annuitants shall be annually increased by an amount not less than 5 percent of the monthly contribution for employees, until such time as the amounts are equal; and WHEREAS, The City of Ukiah, hereinafter referred to as Public Agency, is a local agency contracting with the Public Employees' Retirement System; and WHEREAS, The Public Agency desires to obtain for the members of the Fire Unit, who are employees and annuitants of the agency, the benefit of the Act and to accept the liabilities and obligations of an employer under the Act and Regulations; now, therefore. NOW, THEREFORE, BE IT RESOLVED, that the Public Agency elect, and it does hereby elect, to be subject to the provisions of the Act; and be it further BE IT FURTHER RESOLVED, that the employer's contribution for each employee shall be the amount necessary to pay the full cost of his enrollment, including the enrollment of his family members in a health benefits plan up to a maximum of $16.00 per month; and be it further BE IT FURTHER RESOLVED, that the employer's contribution for each annuitant shall be increased annually by 5% percent of the monthly contribution for employees, until such time as the contributions are equal; and that the contributions for employees and annuitants shall be in addition to those amounts contributed by the Public Agency for administrative fees and to the Contingency Reserve Fund; and BE IT FURTHER RESOLVED, That the City Council appoint and direct, and it does hereby appoint and direct, the City Manager to file with the Board of Administration of the Public Employees' Retirement System a verified copy of this Resolution, and to perform on behalf of said Public Agency all functions required of it under the Act and Regulations of the Board of Administration; and be it further BE IT FURTHER RESOLVED, that the coverage under the Act be effective on July 1,2001. PASSED AND ADOPTED this 16th day of May 2001, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Phillip Ashiku, Mayor Marie Ulvila, City Clerk 3:\mou\RESpershlth RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ELECTING TO BE SUBJECT TO PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT ONLY WITH RESPECT TO MEMBERS OF THE POLICE UNIT AND FIXING THE EMPLOYER'S CONTRIBUTION FOR EMPLOYEES AND THE EMPLOYER'S CONTRIBUTION FOR ANNUITANTS AT DIFFERENT AMOUNTS WHEREAS, Government Code Section 22850.3 provides that a contracting agency may elect upon proper application to participate under the Public Employees' Medical and Hospital Care Act with respect to a recognized employee organization only; and WHEREAS, Government Code Section 22857 provides that a contracting agency may fix the amount of the employer's contribution for employees and the employer's contribution for annuitants at different amounts provided that the monthly contribution for annuitants shall be annually increased by an amount not less than 5 percent of the monthly contribution for employees, until such time as the amounts are equal; and WHEREAS, The City of Ukiah, hereinafter referred to as Public Agency, is a local agency contracting with the Public Employees' Retirement System; and WHEREAS, The Public Agency desires to obtain for the members of the Police Unit, who are employees and annuitants of the agency, the benefit of the Act and to accept the liabilities and obligations of an employer under the Act and Regulations; now, therefore. NOW, THEREFORE, BE IT RESOLVED, that the Public Agency elect, and it does hereby elect, to be subject to the provisions of the Act; and be it further BE IT FURTHER RESOLVED, that the employer's contribution for each employee shall be the amount necessary to pay the full cost of his enrollment, including the enrollment of his family members in a health benefits plan up to a maximum of $16.00 per month; and be it further BE IT FURTHER RESOLVED, that the employer's contribution for each annuitant shall be increased annually by 5% percent of the monthly contribution for employees, until such time as the contributions are equal; and that the contributions for employees and annuitants shall be in addition to those amounts contributed by the Public Agency for administrative fees and to the Contingency Reserve Fund; and BE IT FURTHER RESOLVED, That the City Council appoint and direct, and it does hereby appoint and direct, the City Manager to file with the Board of Administration of the Public Employees' Retirement System a verified copy of this Resolution, and to perform on behalf of said Public Agency all functions required of it under the Act and Regulations of the Board of Administration; and be it further BE IT FURTHER RESOLVED, that the coverage under the Act be effective on July 1,2001. PASSED AND ADOPTED this 16th day of May 2001, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Marie Ulvila, City Clerk 3:\mou\RESpershlth Phillip Ashiku, Mayor 12h ITEM NO. DATE: May 16, 2001 AGENDA SUMMARY REPORT SUBJECT: SETTNG OF DATE AND TIME FOR CONSIDERATION OF FISCAL YEAR 2001- 2002 BUDGET ACCOMPLISHMENTS AND OBJECTIVES A very relevant step in the budget process is the City Council's review of the individual departments past year's accomplishments and consideration of the upcoming year's objectives. This is an opportunity for dialogue between the Council and Staff regarding the City's programs, projects, and priorities for the next fiscal year. Staff is requesting the City Council set a date and time for this discussion. This subject generally takes one and one half to two hours to complete. Staff suggests this matter be presented before the next regular Council meeting (June 6), beginning at 4:30 or 5:00 PM, or at a special meeting on a Thursday afternoon when both Mayor Ashiku and Vice-Mayor Baldwin are generally available. The Council should consider each member's calendar and set the City Council budget accomplishments and objectives presentation accordingly. RECOMMENDED ACTION: Set date and time to present the 20001-2002 City of Ukiah Fiscal Year Budget Accomplishments and Objectives. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine other date and time are more appropriate and set those as desired. 2. Determine presentation of the Accomplishments and Objectives is not required and do not set date. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Candace Horsley, City Manager - ~ ~t,~ _ Michael F. Harris, Risk ManagedBudget Officer Gordon Elton, Director of Finance and Candace Horsley, City Manager None mfh:asrcc01 0516GOALSSCH