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HomeMy WebLinkAbout2000-03-15 PacketMINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, March 1, 2000 The Ukiah City Council met at a Regular Meeting on March 1, 2000, the notice for which had been legally noticed and posted, at 6:31 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. Staff present: Public Utilities Director Barnes, Airport Manager Bua, Commu.?y Services Director DeKnoblough, Police Administrative Sergeant Dewey, Ei~.n. anc~iiiiDiii~ctor Elton, I~[i~ant .C. ity.Ma.n,..a, ge! FI.ad_, Ris_k Manager/Budget Offic...er Harris:ii ~i~y::~:hager Horsley, b ~oor~nmor ~,~ing~)eil, City Attorney Rapport, Depuii~:Publi~ili~i~ Director Seanor, and Deputy City Clerk Yeast. City Manager Horsley led the Pledge of a. Presentation by ~ALSTAR Debbie Pardee, Program Director for CALSTARi.JntrodU~ i~ii~alstar employees in attendance. She oriented everyone to the p~i ~i~ii~istribut'~i ~i~Cling their company and explained their mission is to save .!:ii~i!iii::::::iii~i~i ~..a..dqua~ are in Hayward, and Ukiah is one of five bases of operation..:?:::ili~::?~i'999,.:~i ~~d~?to 351 calls, 98 of those patients went from a rural area to U~i~?Valleyli~edi~i ~ii~:~ (UVMC), and 59 required transfer from UVMC to specializediii~ospitali~?? Theyi~i~i~:~°tal activations of 560 when taking into consideration dry ru.n~iii~d abo.:~d calls,.:~hich is an average of 1.5 calls per day. They are only 1.5 miles t~ii.~UC a~ithey C.~i~!ii~ave a patient to Santa Rosa in the time that the next closest.:~heli~Pter se~i~~n~iii~:~ch UVMC. She discussed the many programs:~.t.'~y sponsor..:?:~:....'~ ~ear to ~~i~ ~::Community. Chris ~!~i~i~[i~::.. Le"~ii~iii~ii~ii~i~plain'~::::::'~is background and advised the pilot staff consists of f'i:~ ~{ ~.hom":~ ~~ced. He noted their pilots come to CALSTAR with 5,500 to 6,00.0:~;~~ij. ght e'~~ce and EMS experience. He fu~her explained the types of he!~i~~~ ~;?:~and t~::~"all their pilots are currently trained in instrument flight rules ~::~an fly in 'i~~weather. He explained all the pilots are keenly aware of no~se~problems in co~e~te~ areas and they t~ to modify their routes or conform to re~ts ............. to keep down.~~ff noise. He explained the different regulations they operate u.n~'r and what must.~~ considered relative to their flight pa~erns. He explained they only fl~h~en dispatched~ ~Ut of the Willits CDF, except in the case of pilot training, which he ~!~ed in d.ete~~ .... He recalled only two noise complaints and both occurred during ~~~~'r when they had to fly below the cloud level. Councilmember Baldwin questioned how often they have to fly to Ft. Bragg. Mr, Foerschler indicated 25% of their flights are out of the Mendocino Coast Hospital. Typically, they try to fly in a direct line to a destination, which in this case is over Low Gap Road. Since there were complaints from the residents on Low Gap Road, they try not to fly March 1, 2000 Page 1 of 18 over that area unless the cloud cover prevents them from going over the higher peaks. Councilmember Baldwin questioned why Ukiah was selected as a base out of all the communities in Northern California. Mr. Foerschler speculated the analysis performed by CALSTAR must have determined the need was the greatest in this area. Councilmember Libby and Mayor Mastin thanked the members of CALS~R for having their base in Ukiah and noted the citizens of Ukiah are very fortuna~?.~to h~=='their services here. ..?:iiiiii .... ..~i::ii i'~i~!i!~:~i~ii:~:~:~:i'i iili i'ii:!:!iii? Bob Griffith, Chief Flight Nurse at the Ukiah b~!~i::':"'explai'~?~i~! i~:.'aCkground.:~:d experience, and noted CALSTAR is hands above .~ii?'the com..~!~'ie~:~?:~ i~! ~o. rked;;~:~ ~'r in the past. He noted it is impo~ant for the pilots to "fl~ ~.the..:~:~ flies" b'~~~'One's life is on the line and it is impo~ant to get the two n~~?:'the scene qui'~~ey fly to accident scenes, hiking accidents, diving accide~ ~ell as handling inter-facility transfers. He explained their nurses have a minimu~~ ~S specialized training and they are the elite nurses of any facility. ':~? ........ ~::~?~?:~ .... Joanne Patterson, CALSTAR nurse, exp~~ ~::~specia'i::~~s of their $1 million helicopter that allows them to car~ out .t~j~:~~ ~ ~ ~cialize~:.~anner. Mr. Griffith introduced two videos de~'bing C~ST~~ ~?~es, one from Channel 2, the other produced by the Ronald ~~;~ald H6~:Se, whi~?'~'~'ghlighted the sewice CALSTAR provides, as well as their co.~~:ity o.~ach activities. After viewing the videos, he explained it is impo~ant for C~E~STAR e~loyees[~;~:: have the suppo~ of the community. Dr. Mark~::~~:, emerg~ ~ doct~ ~~::'the hospital staff and local doctors are all ve~ a~i~e., of O~~~s prese"~'~'e in Ukiah, and that it is one of the biggest improve~::~;~ ~de in h:~ ~ Jn this community. He explained no rural community hospital can"::~ ~he se~~ple need and it is vital that patients have the option of being trans~~~::.spec'~:~~ hospital as efficiently and quickly as possible. He stated h:e~?;;~::':"als0'":'::~;~~ide r~:~ident, and finds the noise generated by CALSTAR'S helicop~S comfo~in::~ ~ ~?. Ma~Dr Mastin thank~[h~ CALSTAR representatives for their visit. M~[ Mastin e~:~:~ed that Councilmember Baldwin requested Item 8h be continued to ~ ~uJ:a,r:.:.Me~i~hg of March 15, 2000. Mayor Mastin read the appeal process at this time. March 1,2000 Page 2 of 18 4. APPROVAL OF MINUTES: 48. Regular Meeting of February 16, 200.n Councilmember Libby made a correction on Page 13, changing the last sentence of the first paragraph under Item 10, City Council Reports, to read as follows: "There is approximately $40 million in the lapsed TEA funds and Mr. Dow felt very confident that they will receive additional funds to expand our project." Deputy City Clerk Yoast made a correction on Page 1. In the first paragraph, the last entence was changed to read: "Staff present: Public Utilities Director..::~fnes, Airport anager Bua, Community Services Director DeKnoblough, Police~dmini~tive Sergeant Dewey, Finance director Elton, Assistant City Manager Fl~ad, Per~i~itiiii~i~iicer Harris, RiB,k, Manager/Budget Officer Harris, City Manager Ho~i~i~~. UlSii;;iii~Bii~ator Klingbeil, ..... Additionally, the agenda item nur~bers were chang~?~0-n pages~;~~:..to reflect~'e following: "11. CITY MANAGER/DIRECTOR RE~RTS, l:27CL~~SSlQ~?:i3 M/S Ashiku/Baldwin approving the Minutes of th~;~~i~::.Meeting of Februa~ 16, as amended, carried by the following roll call vote: A~;j~¢~~members Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABS~T: ~~S~AIN: Councilmember Smith. Mayor Mastin pulled Item 6b, which ;~:ame I.t~::~ M/S Ashiku/Smith, approving ite~'a, c, ~8 d of th~onsent Calendar as follows' a. Awarded Bid for Three FIo~ ~ica!~;~mps to.:~i~way Pumps for the Sum of $37,536 Plus Tax; -~;~?:~? c. Receive~ Notification; ~e.~:;ding t~ ~~8~'~?:Bid for 9,000 ff. of ¢2 AWG Aluminum, ~::~:~entric Neutral, Single Conductor Cable to He~~;~teph':~ ~0a~hy & ~Ssociates in the amount of $8,928.56; d. Award~ ~~i~J:on o~:::~~ ~dY for Public Works Depa~ment to T/S Truck Body & Equi P me n:{~i~;~mou nt":~{~ ~1.32. The Meti~:~::;arri;:~;~~ ~Ol. loW?ng roll call vote: AYES: Councilmembers Smith, Libby, Baldw!~::Ashiku, and¥:~~stin. NOES: None. ABSENT: None. ABSTAIN: None. ........ ..-...,... 7:~;~¢~?~UDIENCE COMMENTS.......... ON NON-AGENDA ITEM8 Ji;~¢;~;~;Mulheren, 62.~;;?Capps Lane, requested that Councilmember Baldwin quit making 8~mging re~a;~ about the Airpo~, and not invoke people's dissatisfaction with a ~~b;~;~hst~dB~'n t exist. 88. Receive and File the Audited Financial Statements for Fiscal Year 1998/9[ Finance Director Elton introduced Steve Herr, CPA of Davis Hammon & Co. He explained the purpose of the audited financial statements is to repo~ balances at the end of the year and to present the overall City financial pi~ure. The Auditors render an opinion on whether March 1, 2000 Page 3 of 18 the statements fairly present the financial position of the City. The report is used primarily by investors or when the City is seeking a bond, and is not intended to present every detail of the City's finances. Steve Herr explained it is the auditors' opinion that the overall financial statements present fairly, in all material respects, the financial position of the City as of June 30, 1999, except to the extent that any Year 2000 (Y2K) issues may affect the financial position of the City. Mr. Elton explained the details of the report, and that the City was in a.::~tter financial position than was anticipated when the Fiscal Year 1999/2000 B~d.get..::~" adopted. He noted that Mr. Herr will not be returning for the Redevelopment Ag~~iii~eeting on March 15, and he would present his findings and answer an.ylii~estio~i~i~ii~:.to the Agency at Mr. Herr explained the Y2K qualification was also in~i~ded potion of the audit. He stated it is their opinion, ex~~~y adjustmentS::~~'sa~ due to Y2K, the financial statements present fairlY~~aocial position of the Ukiah Redevelopment Agency as of June 30, 1999 ....... Mr. Elton gave a brief ovewiew of the Redevelo~ent Ag~ ~~i.t. M/RC Ashiku/Smith to accept and file..::~~~ancial..::~ements for Fiscal Year 1998/99, carried by the following rot~i ~11 vo.t~?~~~cilmembers~ Smith, Libby, Baldwin, Ashiku, and Mayor Mastin.~OES;.::~N~'ne. ~~': None. ABSTAIN: None. NEW BUSINESS ..?:::~ ~:?:: .... ::~;~ ?' .................... ..:~:' ..::~:~:~:~:: ab. Approval of AmendmP~::'to Soli~ ~aste~:~naoement Authority Ground Lease ~ · · -:~:::::~- ~:::::~::'"' ==================================== ':':':~:~:~:~:~:F'~::" A lq~l.ng Expans~on.0~ HazM~Eaci~lit~?~ocated on Plant Road City Ma:~~Horsley~~ MendoC~~' Waste Uanagemen~ Authority (MSWMA) currentl':~~he H~~ ~i]::iZy on ~i:~:~"prope~y west of the City s Sewage Treatment Plant. Th':~ ~~ed a ~~S~::..waste grant from the California Integrated Waste Uanagement'::~~to imp'~ ~~acilities and propose to pour a 14-foot concrete slab and suppo~~ ~~re to ~ ~:~d for the Hazmobile trailer and two trucks. In order for this p~" t'o'"~:~~d~:.the "~ity Council must approve an amendment to its Ground Lease~h MSWMA~':~::~~ ~1 come back in October for a five-year renewal. M~:::~eeney, MSW.~ ..... General Manager, advised the changes are to authorize MSWMA t.~pand the footp.[i~ of the facility. Also they will now allow small businesses to bring :::::::::::::::::::::::::::: ..::[:~:::::-' ~~aste to the..:fe~i~ity by appointment, as well as colle~ing electrical items. He noted the ~i~Unci.l.:~ ~'quest that MSWMA cease either of these programs at any time. M/RC::~?~A~:hiku/Baldwin approving Amendment to Solid Waste Management Authority Ground Lease allowing expansion of H~Mat Facility located on Plant Road, carried by the following roll call vote' AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES' None. ABSENT: None. ABSTAIN' None. March 1, 2000 Page 4 of 18 Discussion followed regarding the lease that will be brought back in October, wherein MSWMA pays the City $1 per year. NEW BUSINESS 8c. Approval of Ground Lease Agreement with Ukiah Aviation Services LP for Portion of the Ukiah Regional Airport Community Services Director DeKnoblough advised Greg Taylor approached staff with a proposal to lease the 1.9 acre parcel recently bought by the City, for the development of 16 hangars. The property is totally undeveloped at this time and is adjace .n...~ii~'the taxiway. They will be responsible for repaving, landscaping, infras~.ctu~ii?i~'mprovements, constructing ADA accessible restrooms for the public,~?=and sp~ii~ii~gl ~'e hangars. The lease is for a term of 40 years. Rent to the Airport will.~i ~aid i~?~ii~i~ii~".~of ground rent.at a rate of $825 per month, plus a percentage of t~iiiii~venue..~ii~~i~hmugh hani~i~r rentals. All improvements will revert to the City at th~ii~i~d of t~eiiiii~!~Sei~=~i~i!~iii~Se approved by the Airport Commission and the Airporti ~mmiss',~i~"s Land m· :::::::::::::::::::::::::::: .-.:-:.:;'" '...:.::i:;.....::>"2::~:~::~'~::~.- his project will also bring in revenue equal to the a~;Ei~ili~!:~debt service th':~iiii~::~:~'rt will be carrying over the next two years on this parcel. ~ii!i~iiii~ommending approval of the Assistant City Manager Fled presented a pl...0..t~!~ip....',~, of th?~i~~?=~project. Greg Taylor, Ukiah Aviation Services L~iii~!i~~! ~ ~..a....ckag~?~i material to the Council showing pictures of hangar projects....t~!~ haveii~=~i~i~i?~i~tructed as well as what is proposed in Ukiah. He explained th~!iii~anga[~!ii~re 5~!ii~i~!!iii~'nd can accommodate one or two single engine airplanes. Tb~iii~ill pr.o..~i~e mete~i"Power to each hanger, for which they will charge a service fee ..t-~!=~=iso b~mes pe~i?of the gross income, and which the C ty w~ll receive a porbon..Th~iy~w~ll pr~!~e a f~r~..e..;iSpr~nkler system to meet FAA and local fire requirements, which..~iSoi~elps red~ii~h~iii~'Urance rates for the building. They will also prowi~ ~he overatitili~~nce for i~ ~i~rs, listing the tenant and City of Ukiah as additio~i~il iii~e.d pa~i!~i i~=~=~,.explai'~=~'the alarm system that will notify the Fire Departme:~ii~~iiiMana'~:~ii~ ~iis. representative in case of fire. He next addressed the ADA-compli~::~iii~i~i~::::bathr:~i~i~i~i~ill be constructed. Discuss, io-"!i!~:~i~i:~:~ii?~:~i~g..the':~ssibility of local contractors working on this project, that the Sa~ii~:~s Bank of ~~b::'County will be providing the mortgage for the hangars, how muc~?~dditional noiseii~ii~:::::be generated from the Airport with the construction of these h~ig:ars, and the po~ib[iity of individuals from the Airport's hangar waiting list being i~i~ested in housing::iii~eir planes in the new hangars. ~ ~eYO,...~h!i~?'questioned the response staff received from the survey that was sent ~i~i ~i~!~"months ago to Airport users relative to their desire to house their planes Airport Manager Bua indicated they did not receive a great deal of negative or positive response. He added that today staff received three more requests from people to be added to the hangar waiting. March 1, 2000 Page 5 of 18 Mr. Fled added they did not include in the survey a question relative to hangars of this size. The main response from individuals was the desire to see deferred maintenance on the City hangars completed. Mr. Taylor added that he has found if you build the hangars and provide a service, you will get the tenants. If someone has spent $200,000 to $300,000 on an airplane, they do not want it sitting outside. If just the electronics were stolen, it would cost $20,000 to replace them. ..:;i::,. ........ ........ Vice Mayor Ashiku expressed his concern whether there is a ma~et fo.~?~i~W hangars. Councilmember Libby questioned whether tenants ca~i'~i~nt on~i~ii~~iiia.nd split the re.n.t. Mr. Taylor stated he recommends this to people a~?~vill eve~iii~"t0*~i~i ~Je up~!i~!ii~ey =============================================== - ..:.:.:.:.:.: .... Councilmember Libby questioned whether the Ci~'~ ~..~!i~...h... has any 50'x 50' hangars Mr. Bua responded there are 50'x 60' hangars 15~'"they?i~ii~:p...j.ed. The City charges $750 per month for those hangars. He added;;~...h..ere are:~ii~i~ ~ii~-hangars, 14 open hangars, and 30 port-a-port hangars ...... Discussion followed regarding surroun.~i~:"land,.:~i~::(!~ ~~i~perty that can be used for future structure and hangar develo.p...:~nt .... ~:;i;?~ ...... ~i ii!ii iii!?' Councilmember Smith indicat~ili~i~ prop~:y was p:¢~hased by the City for future hangar development and this propo~i 8'oes ju~(i~at M/S Smi..t."~hiku to:~i~~.the Gri~ i~i~se with Ukiah Aviation Services LP for a portion':~i~ ~ ~iah R~:~i~j ~j~ort. ' ................. Vice Mayoi?~j~?ii::~oted"::~ii~iij~i ~hcerned, however, that this project will create a competitor f0~iii~~ i~!!G:ity ha:~"and he is not certain everyone on the hangar waiting list is rea~!~'i;id W'j:i(ii~ii~ii~.k:e a ~:angar when offered one. Mr..:;~d noted this is aJii!~i;i~:e developer and the project is relatively "risk free" to the City. E~i~~' if he doesn't re.n...'i?u~' a hangar, the City will still get $.02 cents per square foot, plus t~!iiii!!~frastructure heiiij~ installing. For 50,000 square feet of asphalt alone, it would cost ~.ig00, and tl~:~i!ii~bildings another $250,000. The City does not have the funding to 8:::::;:::;:..:~::::: :,:.:.. ,. ....... . · .'..~::.~e~..t.....~::,..t..~is~i::~e of project and it is a much safer investment for the City to partner with City Manager Horsley added the mix between private and public partnerships is important. She advised that two Airport Commissioners were present in the audience. Discussion followed regarding the taxiway and new restroom, which will replace the existing March 1, 2000 Page 6 of 18 restroom facilities. City staff will assume the maintenance until the end of the lease, and. whether the City would realize an increased profit if it developed this type of project on its own. Mr, Taylor stated the actual projected cost by Ukiah Aviation on this project is $1.2 million for the two hangars, taxiway, bathrooms, and infrastructure. Vice Mayor Ashiku expressed concern, even though this is a great proposal relative to what other opportunities the City would forego, such as a fixed base ope..r....~r, that would provide jobs. In this proposal there is no parking infrastructure f.d~emp..:l~es. He noted he is not concerned about traffic generation, but maybe this is no..t.~ii~ iihi~i~st and best use for the Airport at this time. .:?:!iii iiliii iiii?~. ~:~iiiiiiiiiii iii i iii iii ii i!!i::?~ .... Councilmember Smith stated the City has an Airpo.~iii~ommissi~i~?ih~ii!i!i~iiii~ii~i~¢e the Council and they have unanimously approvedi!~iis proj¢~:i' He req'~~ ~!!i~'0wler to approach the microphone to address Vice May~~i~?~ concerns. Airpo~ Commission Chairman Ken Fowler indi~~~ ~mmission felt this is a win- win proje~ for the Airpo~ and the City. There are ~"ble~ ~J~e:.current hangars at the Ai~o~ and with Mr. Taylor's investment in the ce~unity w~~~ndedul oppo~unity to show what the Airpo~ can be. They fe.!~i~ ~ ~ ~ site f0'~:::~hangars, and they are looking m the no~h end of the field for fix~?:~ ~~.rs. He;;~inks the hangars will fill up and create a positive vitality for the~:~po~..~ ?~~ ~ Discussion followed regarding ~y:¥~:~divid.~ on th~..~:~:~'~ar waiting list might not take a hangar when called, such as:~::::~anti~?'a pa~ic~J::~r hangar due to location, size, or maintenance issues; and ~.nfr~:Ucture:~ts to .~lop the east side of the Airpo~. Mr. Flad~te.d this..~~ill brin~ ~~:0 to the Airpo~ over the ne~ 40 years. Perhap~ ~ ~?:incre~ ~ues so~:~:~'~'the infrastru~ure improvements can be made. Councilme'~~by sta:~~ ~hares some of Vice Mayor Ashiku's concerns, but having corp.o~a~~~::avail'~j~?~ight be an incentive to bigger businesses coming to Ukiah a~d~'i"~~ j~bS.. .... Cou i'lmember ~d there has been a lot of activity at the Airpo~ recently and tha~h:as.:~::¥~¥~:~:~:, something to d~........, wi'th the current economy. He questioned whether our becoming a~?~Xtremely active..~i~po~ sewes most of our citizens. Quality of life is the number one i~..~at attracts bu;~esses and noise is a quality of life issue. He would like to see how ~i~i~:Noi.se~:~'ement Plan works before approving additional projects for the Airpo~. V'i:~ ~:- ~shiku stated the Airpo~ is a significant contributor to the economy in that it brings $22 million to the community annually. Since this project will generate additional income and bring additional money into the economy, he will lend his suppo~. Councilmember Smith called for the question. March 1,2000 Page 7 of 18 The motion carried by the following roll call vote: AYES' Councilmembers Smith, Libby, Ashiku, and Mayor Mastin. NOES' Councilmember Baldwin. ABSENT: None. ABSTAIN: None. Mayor Mastin advised the Council will be considering Item 8e at this time. NEW BUSINESS 8e. Approval of Agreement for Subdivision Improvements for Minor Subdivision No. 99-18 for School of Performing Arts and Cultural Educatio,ni!ii..ii Deputy Public Works Director Seanor explained the Pa~i!i.~.:..M~i??meets all the requirements of the Subdivision Map Act. The Subdivider, the~=~S~iii?~f Performing Arts and Cultural Education, has entered an Agreement for.S~ivisi(Ji!~ i~~ements which will require and guarantee the construction of conditionediii~' public.i:~~~ts. Submii~'d with the Agreement is a Letter of Credit guaranteeing the f~!iul i~~e, payment of materials and labor related to the co~!~ctio..n.i;!ii~ii?public i~i~i~~i~:' The Parcel Map has been inspected and approved by t~i~ii~i~ili~:ngineer and st~iii~;ii~questing Council approval of the Agreement for Subdivision I~~..n.ts for Minor Subdivision No. Mayor Mastin stated even though the City Engii~;eer is aU:(::~iiiai~b- approve the Parcel Map, he would request that copies be inclu.d~i ~i!i~iGouncil '~iii~ii~W so they can readily see what is being subdivided ...... ?:::iiiiii? ................. ~::!iiiiiiii!iiil;iiiiii!iiiii;ii:;~ ......... Counc n ern er ,uest o, a':'t,e ,u 'ase C;i ' ivisio,. Mr. Seanor stated it will allow f~i!~:~:Sale..:~!.:.i~he parkii~~' lot on the west side of the property to the Presbyterian Church, ~ii~'h will b.':'~iiii~sed fo~[!!~'eir parking facilities. M/RC AS~i~Baldw[~ii ~i~ving A~~ii~::"for Subdivision Improvements for Minor Subdivi'~i~ ~i ~9,18 f~i~~i i0f Perf°i'~'i'ng Arts and Cultural Education and authorizing the Mayor::~i~ ~~e:.thexi!~i ~i~~t~°n~i~..'.:i:.:..~..:~ behalf of the City; carried by the following roll call AYES:"::~::u~!ii~mbe:~ ~iti,?~Libby, Baldwin, Ashiku, and Mayor Masti,. NOES: vote: None. ABSEiN~iil ~ii iABST~i;~;!?~one. 8d.::~;;;i ?AoDroval of ~i?'Area Network and Wide Area Network Infrastructure .:~;;~?~;!iii!i::' Proposals andiiiBudaet Amendment for the Fiscal Year 1999/200rt :.:.:-:.:.:.:.:.:.: . _ ~]~:!;Manager Ho~]~y indicated staff received questions regarding this item and has p~e~a.r....ed additio.n.~i;::~'i:nformation which is before the Council. ~i~!i~~}i~i~;r Klingbeil advised the proposal before Council is to create Local Area Ne~ii~::?:~iE~AN) and Wide Area Network (WAN) infrastructure in all City locations where none exists at this time, the connection of those area networks to each other, and the Wide Area Network connected to the Internet. City Manager Horsley explained this item was included in the Citywide March 1, 2000 Page 8 of 18 Hardware/Technology Needs Assessment and Plan which was accepted by the City Council at its November 3, 1999 meeting. This project is one of the goals of that Plan. Ms. Klingbeil gave a presentation explaining how the LAN/WAN functions, and how it would be installed. She explained all City facilities will be served with the exception of the North State Street location and SunHouse Museum as it was determined the lines going to the SunHouse make it cost prohibitive to connect. She introduced Carl Tarrant and Dennis Condon, from Pacific Bell. ..:;i::.. .,::;:::::::;::. ..::i:i:i:i:i:i::" Mayor Mastin expressed concern about the Museum not being t:ii~., int..0.:~!!~' system. Discussion followed regarding there not being a large::~iitiona:iiii~i!iiiii~!~l, ocation is added Ms. Klingbeil advised some of the immediate en:e.~.:.ts reaJ~zed at the remo..:t:e~,~e~t~ons ~s the ability to share equipment such as printers, plo~?~:~'scanners, th(~:~i ~ii~i~inatina the need to purchase these items for all Iocatior~iiiiiii~ii!i[~:...aiso eliminate 'ihe need fo~ employees to take their information on a diskette fro.~iii~iii~iii~i~ng to another building that has a computer tied to a printer. Sharing informa~ii~::n is":~i~ i~i!~i.tal component. explained his experience using L~..N..i~ii~:i:~NS"~:':':':'::::"' a~iiii~i~i'~efit of being able to Mr. Fled communicate with the various off-site Ioq~8~:~:::~:~~i ~:ryon.ei~i~:job much more efficient. City Manager Horsley added that::~i~:ing co~ecte:~ii~ii~i::i~ity Attorney would be very valuable as correspondence is cu.r~e~iy deli.v..¢~d by h~:d'i' copies are made and then hand delivered back to his office for..~Ction~!iiii? .~:?:ii ? City Manager Horsley net~d ii'~ City O~i~iii~iii~ii::!~f information from other agencies that is only av~i~lie on the:~t~~ii~: Georg~ ~~¢:i Water and Sewer Operations Supervisor, spends:~i~~i ~..ours "~!!ii~ i!~Searchi'~:~:~::~'azMat Programs, new requirements and laws associate~ii~i~i~i ~espon~i::~iii~ii~i ~.'.n.d their annual notices only come through the Internet. For that reaS'~i ~ ~'r...e alre'~8~ ~~d up to a Pacific Bell line where you pay not only for the line but ..t.h~ ~~i~i~iCbarg(?~ ~i~:e Internet. She advised it will be easy to hook up to the City A:t~i~:~:~';:~'~ii~i~ ~¢aus~?he already has a DSL line. Mr...~i~d advised he gi~!i i~:i his E-mail address at home and works probably two hours a,:~:~:~:~:~:~¥::.~igk at home on hii~~ .... pbrsonal computer. He advised the League of California Cities b~illi~tins are delivere~:'to the City's E-mail, but once it is received it has to be copied 20 ~ii.:. Other bene.fj~iii~Would be derived in reserving facilities, and accessing the Budget and =================================== ..::::::::::::::.. F'i:~i~!ii~i~ctor Elton explained he also sees many uses important to his Department such as in purchasing, accessing financial information, submitting reports, budget preparation and management, vendor lists, insurance forms, the requisition process, and the City Clerk's records. They also must download certain reports from state agencies that are no longer being mailed out. Finance generates three reports monthly that are then March 1,2000 Page 9 of 18 copied for various Departments, which generates more than 1,000 pieces of paper every month that could be distributed electronically. Vice Mayor Ashiku stated there is real value to the proposal, but he needs to know what level of access each of the computers needs due to the major expense involved. Ms. Klingbeil explained there are approximately 30 remote computers throughout the City, 45 on the Administrative Wing of the Civic Center, and 50 computers on the Public Safety side of the Civic Center. Not every computer would necessarily be connecte.diii~' the Internet but it is potentially possible for every one of those computers to be d~nne¢~*'with a remote location, and this can be done without Internet capabilities. The.~i~~i~'is for full DSL at each of the remote locations and a DS3 at the Civic .~er. 'F~ii~j~i~ty of the expense is at the Civic Center, and there are other areas whe~?~e could.::~~ ~hm, but it we~:d not address the WAN aspect of the project. She e~:ained th~ ~st'::~i~ ~?l:eng.t~?~nd noted it is mandatow, especially for the Police Dependent ~¢~::'~epa~~ ~{~i;~', that the City installs a firewall for security reasons, whi~ ~,~?~f the major C'~ ;~e noted an~hing less would not be able to provide the ba~~ ~he Civic Center ne'eds to have interaction with the Internet and many users at one:~i~~ ~;~ .... Discussion followed relative to possibly havi:~g;~::..a sep'~~¢~b:.line for the Police eepa~ment and another one to se~e the Ad;~i~ti:ve win':~ ~ ~? .... Dennis Condon, Pacific Bell, advised .t::~?the p:~~~;~;~'Siness~ DSL is the City will lose the ability to bring eve~hing:~;;~' one l~atio~;~¢ ~?~ason there is a large cost associated with the Civic Cente:[~i~?becauS~:?that is ~:~"~e the mai hub, or housed..:~::~ ? ? ?:::~..:~ ~??:...::~ ~ ~? n po~, will be Vice Mayo~:~Ashiku a~e~ted~ put int~'~~~::; what type of bandwidth is required to se~e th~ ~e~ote le~~ ~o deter~~her a standard DSL business connection would Mr. Condon'::~~:..that'~Dj~Ould not have the infrastructure to interconnect with those remote:~:~~i~;~::. The~~:mposing to 'use the same infrastructure for the WAN as they a[e?~:~:'~::~:'~ i~ ~i[y to {~'e Internet. If you do not go with this infrastructure, the City do~:?not have a::~~;for all the se~ices. C~?~arrant, Pacific ~i~i, i~dicmed they did not just look m what the City is doing today, but a~:~0oked at 'ffutureP~ofing" the City's network 10 years from now. ATM is the standard ~~pne going in~g~?~he future for the integration of voice data and video. Currently, in the ~j~i~y~of the...pU~Dii~8 se~or arena, data network is separate, voice network is separate, and i:~ ~ ~¢~o network, it is separate. If in the future the City installs a GIS system, W'~::~;~ ~;~:~e bandwidth users, a dial-up will not work. City Manager Horsley questioned which other agencies locally have these types of systems. March 1, 2000 Page 10 of 18 Carl Tarrant responded Mendocino County Office of Education will most likely migrate to an even larger pipe to the Internet once their federal funding comes through in the summer. The County is looking at a County-wide WAN. He noted the cost of the ATM DS3 to the City is only $2,000 under the Calnet contract. If the City was a private sector customer that component itself is $5,000. Pacific Bell is encouraging government clients to bring their technologies current because it is only going to get bigger and faster and you have to keep up with it. Discussion followed relative to not needing the same equipment if we only .~ei~ed the Civic W ~ ..... :i:::::! ........ Center. If the City went with a standard business line, it ould~t.:'::?:~need~::afl the hardware associated with the WAN and what you lose are the remote sites...~ii~i?:~r.....'~°te sites are still accessible, however, over an Internet connection .... Mr. Condon explained they analyzed providing a ~ at costly plus the City would need to purchase a fire~iil:..for $8~i!~:b0. · .-,-.-...,.,.-..,..-.-.. . ..:.:,:.:.:,:..,.. Chris Dewey, Police Administrative Sergeant, st~i~ii~i~ii?~.a, jor concern is security and needing a firewall. Vice Mayor Ashiku proposed a LAN system at~:~G.i, lY~::Hall ~ii?~?i~!~i~.".ndard business lines, with a firewall in the Police Department a.~ !~!ii~Biministrai~i~ i~nter, and having the remote locations access the main syste .m....~ii~i~:~!~ii~ iiii~:.w...all a~!!~0 the Internet through a standard DSL connection ..... i::? .... Discussion followed concerning::~i~?educ~?§peed a~'i':i:'~'ble through this type of access, whether it would be adequate fo..:~!~i'em0.t.~!.ii~)cation~g.~'0t knowing how much can be saved or whether it would even work,.:ii~ staff .n..~ing mo~::time to investigate. Different benefits to remote Io~tions being..ti!~ ~?the Civi~ ~;t:e~i~}e discussed and the ongoing question remained?!~h:.it be do:~ ~ i~ss mon~ i~iii~i~'ough it may be a little slower'~ Ms. Kli':~~ ............................................. "::::~:~:~ ........... ::::::::::::::::::::::::: locations cannot have WAN access without this i n f rest ruct u r~?iiiiiiiii~iiiiiiiiiiii!ii~i~.i .............. i.~ ..... "::~::iii~/~ i i i ,.::i:!:!:i:i:i::::':'"' .......... :::::::::::::::::::::::::::::::::::::::::::::::::::: "::i:: · Mr. ~'~t,on presented by Vice Mayor Ashiku, coming into the main ~i~m with a D§~!i~i~!i~ccur very quickly, but on the way back out it is going to be :.:.: .... ::::::::::::::::::::::::::::::::::::::::::: slow~i"i only 128k. Fui~ih~i~i::?if we go with older technology, they have found it would cost m~:: .::::::::::::::::::. ..::::::::~' ..:.:.:,:.:.;.:.:.:.:.. .:::::::::.' ::::::::::::::::::::::::: ::i!~i~i~i!:" ~~ilmember..~idwin indicated his appreciation for staff's time involved in this matter ~Bi!ii~ed......h.e:::i,siiii~i::§0 supportive of finding a less expensive way to do the project. V'i:~i~ ~?~shiku expressed the belief if the City developed the LAN network and went with a lesser connection initially, the City may pay $8,000 for a firewall that we may not use in the future if we find out that level of connectivity is not working for us, but if we live with the system for a year it will pay for that many times over because we would only have $3,000 or $4,000 in connectivity charges. Further, it may be a while before everyone is March 1, 2000 Page 11 of 18 trained on the system at the higher level. Mayor Mastin noted he works at the College and has E-mail and calendars on their computers and there are aspects of his job, because of the changes in commerce and reporting, that cannot be done without being connected to the Internet and on a local network. He finds it appalling that in the year 2000 the City of Ukiah is questioning how we can get files back and forth to each other. He does not want to "coddle" together a system. Councilmember Baldwin expressed concern regarding technology .maintena.."~'"'-Ce problems, and there is an issue of planned obsolescence whereby every ne~:pro.gi~ and piece of hardware creates a learning curve that may reduce efficiency fo~ ~ii~onths. Vice Mayor Ashiku stated he believes connecting e~i~0ne is e~i~i ~ut the ques~i~:n is, is it wo~h $42,000 a year to have eve com ute[:~j~?Cit H~J~:~'nn:~~he In ~'~?' ? ~ P ~?:~.:~ .... Y ........... ~:~.~ .-~:..~ .............. ~..~......:~..~..... ~ ....... ternet. He asked Sergeant Dewey how many bodies are siffi~::.at th:ei~:8ompute~;~;~ ~ ~ time Mr. Dewey noted all their Officers are not sitting at..G~~.~ne time, the issue is that each Officer's office has their own information on ~?'Eac~~.~0mputers needs to be hooked up to the Internet. Staff went back...[m?t~he last d~ ~what websites were accessed and they came up with the Arso~i~i~gation N'~~~'' Parole Identification System, the California Gang System, sex.~r~=~~ ~?~missin~ersons. They E-mailed between the San Francisco Police Dep~ent s~~ ~j~~On on robberies and crime information, victim assistance info~ation,...~.~ticai~?=~~tion training, and E-mailed between Mendocino College and..~O~01ita SC~boI. Th~'~son he is passionate about this is because they cannot get thej~.~rma.~" throug.~?ast enough. They want to have the capability of geeing a fingerp~=to De~ment ~bstice and get information back in 20 minutes, which a standa[d~D~[' cannot~.~m~j~'~ ..::~:.: ::::::::::::::::::::::::: :::::::::: Discus~}~ ~~ed ":~i~:.~ ~9~:?.the '~::~:~:~"~ence of DSL and the proposed network infrastruct:~ ~ ]~e spe~ ~i~mments for transmitting images. councilme.~~ ~~?:i~odic~~ ~:e had a concern relative to an outlay of $86,000 to implement~:':'~"~:~ ~ppro~mely $50,000 annually for the monthly sewices. When this w.~'rought bef~ ~bil in November, she did not have a problem with it, but she did..~t think it would~~ught back to the Council so quickly. She would feel more c~~able having it ~e~ack during budget delibermions. Later this evening the Council Wi~]~e looking at financial trends and a possible decrease in revenue and looking at ways ~~:.the budget,~b~ on the other hand we are looking at implementing a top of the line C~~i~:ber Baldwin asked if the Council can approve the hardware purchase tonight and have staff come back with specific justification for specific computer sites and the justification for their need. Ms. Klingbeil indicated with this infrastructure proposal, for the remote locations to access the City, whether there is 1 or 90 computers connected, will be the same cost. The monthly March 1,2000 Page 12 of 18 Internet cost is associated simply with City Hall, not all of the individual computers, and is based on the installation of the DS3 pipe. Vice Mayor Ashiku noted that amount is versus $300 for a standard DSL. Councilmember Smith questioned whether staff felt they have explored all the options adequately: Ms. Klingbeil noted to achieve the level of service we believe is necessary .o~?a day-to-day operations level, yes, she believes they have. Discussion followed regarding whether incremental step~i~euld ~i'~'"~i!ii~o~ ultimately be.at this level of service. Issues that need to be considere~!~ ~:e differe~iii~i!~ii~:and hardware and circuit issues. Vice Mayor Ashiku noted if the City did go increm~~;~at would be '~~::"the first year pays for the hardware if we choose to upgrad~}~ ~i~ ~ears. ,,..::::;:::;:.' ==================================================== Mr. Condon stated to upgrade, the City would ha~::~0 ~:~~::~routers ~.~.:.:~:.~g::./:.~:~ ..... . With DS3, you get a huge pipe but your present needs are onl .... ~:O~/, of that ......... .... Y~..~?....~.~ ........ p ~:~:~::~[~:::.~?:~... pay the same price for a large po~ as opposed to what you ~ ~~e using~J~::the other applications come along, you will not be charged a~?~:~':~~i~g mo[b:~?bandwidth because it is Mr. Dewey advised there could..b~; ~e pe¢~¢~ reque~i?~::~'"a different piece of information at exactly the same time. Pec~~0%::~::~he day.;~t~:s will not be an issue, but the other 20% of the time the additiona!~;~ndwid~;;~ill be.j:~b~ant. City Ma~~?:~Horsley?/~~ ~uncil ~ ~?~re comfo~able if staff brought back more informa~~~ing ~~ ~eeds ar'~:':~:~:~'~d she did not want the Council to take a vote until t h eY"::~ ~y::~:CO mf~~ ~ ~;~ .... MS. Kling~il;~~ ;~::..City"::~;~'iready paid a consultant to determine this was the sol utio n..:~:~'~"~'~:~ ~ ~ ~ ~;::~::~ .... ":?: gis~ion followed staff taking some additional time to answer the questions r~i;~d and bring ba¢~: at a future meeting. Each Councilmember will formulate any q~ions they have ...... .~ meet with Ms. Klingbeil, Chris Dewey, any other expels, including t~?~:chnological..G~sultant who wrote the repo~, to see if he recommended achieving our November and at that point in time it was also approved to issue the Request for Quotations and come back to Council for approval to proceed with the project. They are methodically working their way through the steps of the Plan. March 1,2000 Page 13 of 18 M/S Ashiku/Baldwin to execute that portion of the proposal approving the LAN consolidation at the Civic Center and at the remote sites, and authorize a budget amendment to the Fiscal Year 1999/2000 budget, for an amount not to exceed $17,000; carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None. 10:29 p.m.- Recessed. 10:41 p.m.- Reconvened. .,:;:.. .-;-;.::::::., .... ................ ..::;:;;:;::::::, NEW BUSINESS .,~iiiiiii::~ ...... ?:iiiiii i? .... 8f. Discussion of Homeless Services Planning Group and ::~~i~i~:'' Grant Fundin? Opportunities City M~_nager Horsley advised the City of Ukiah rec~i~i:~, joined:~..t.~! i~~i:no Homeli~i~s Services Planning Group (HSPG), a County-wide c&ii!~borativ, eiii~ith a::~i~i~!~:.o.::c.r::e~ an effective continuum of outreach, housing, and ~i~ort.::~i~:~ices fo~::~!iii~i~i~ss in Mendocino County. She drew attention to the Str~ii~ !~i~n and Action §~i;i~'e HSPG drafted over the last several years. One aspect of t'~ili~i~gj.c Plan the City is interested in seeing accomplished is the establishment of a ho~i:~i~i~ter where people can wash their clothes, have something to eat, have somew~i~:;e to"~ii~i~! ~i~educational programs, get help finding jobs, or getting off of drugs. Al.[::~h~service~ii~ ~ ~nder one roof rather than separated out to many different facj~tii~!i~ ~ City cur~i~??has a new Homeless Shelter Ordinance drafted, and she wou~l~iiii::i~'"'i~ i~i~ii~t.he fle~:i~ility of allowing some of these other services in that type of..~::i~:i'ity. ~'::~~'!i~ii~::iS type would have to be a collaborative effort, and she noted.:~Sistant~ili~:ity M~i~!~?~lad is going to report on the possibility of collaborating with.~:~r age~i:~s to a~iiY'for CDBG funds for a homeless shelter. Mr. Flad expJained the co~iii~ve natu~ i~ ~ ~:BG process and that the City is eligible to appl:y~i!i~ii~i::~:maximUi~i~i i~iS~0,000:i!i~ii ~:~'. It is possible to do a two-year project, whereir~i::~ ~iii~eque~ii~ ~iiii~,., It is ' 'uired that agencies need to work together and not nece~i~i~ ~ ~used"::~ii~ i~il:ity but have a presence there. The facility would not have to be 15'~:~i~i~hin th~::::iii~i~i;l~i~its but it does require that we serve the targeted income gro.u~!:~i ~ ~i~ii~ed t"~i~ i~ii~eline for applying for the current grant is so short it would be~i~i~:~'ii'i'~:~i~ ~i~!e aPplication together. Therefore, he thinks a Planning and Tech~i~'l Assistanc~i~i i(P/TA) to hire a consultant to help locate a site, help in an~!~i~ng the costs of ~::~i!~:~ an existing building or purchase new and land new building, h~!~?i~uild this collabor~ive:"effort, and actually writing this grant for next year's funding cycle ~i~ be the best op~i~::~i~. In talking to the City's CDBG representative, she is very excited ~i.::baving a pr~"like this established in Mendocino County. The County of Mendocino ~ii~i~i~i~S~$:80:0~i~0~::"available to them. Ci:~ii~:' ~i~i~:~' Horsley noted the HSPG realizes it will take at least two years to adequately plan for a site. Vice Mayor Ashiku questioned whether the grant would be flexible in finding a site in the case a targeted site is not available when the grant monies are available. March 1,2000 Page 14 of 18 Mr. Fled indicated it is very flexible. We could identify a proposed site and then change it. One other issue is what other projects would be eligible and competitive for this funding. The Council can determine it wants to do $300,000 for the homeless shelter and $100,000 for another need. He would like to see a study come forward to identify projects, such as ADA accessible play equipment or making certain facilities ADA accessible, to help the City understand what projects are competitive and eligible, and which Council can then prioritize. Vice Mayor Ashiku stated he thinks it is wonderful that the City has take ..n.~'ch an active role but questioned the City's ongoing responsibility if Counci. Jli ~oes::~ard with this project? He does not want the City to take over someth:i:ng that .i~i!i~g~i~?a function of the County. :':':':':':':" ..::ii!!i!i!ii::" "::iiii!!i!ii!i!!!iiiii~i~ii!iiii!~i!iiiii!iii!!i::.. .-::i:i:!::" Mr. Fled stated the City's obligation under that gra~iiiiii:S not ::::::::::::;:::. City Mane.er Horsley indicated there are three dif~ii~i i~..u...nty Departmeni~s involved in the HSPG that have other funding sources availa..b...!~i!i~ii!~i:i~::er than CDBG monies.' Councilmember Smith questioned the deadline":~::i; a P~!ii~i~iiiapplication. Mr. Fled stated it is the same date, however.:!i::!i~i ~~can ap~i~ i~ii!ii!i~'ear until the program runs out of money. Part of the goals of .p.....~ii~:¥~~ ~doriti.e.~!~ii~ould be to demonstrate City priorities and not necessarily City~?~unty....P.."~'~i~i~ili !ii iiiiiiiii!iiiil Discussion followed that the othei~ii~i:ties an~?Mendo~ii~0"County can also apply for these funds, and that the P/TA grant::~::ii~s re~i~ed is a~itional funding that can be obtained outside the $800,000 limit. :~ii ii iii?: .?:i!i i ....... ~ii!iiii? Counci!~ber Smit~ii~i~i!:,the De~~?'of Social Services is where the $50,000 came fr'~ij~ ~emei:~!~ ~eless Si~'elter operation. They have money they can put into a pr~:~!~ii~i i~::we r~i~ ~iilP/TA and obtained commitments in writing, it could be that Ford st:~i ~i~::..be tl~:~ii~~:.~ir, and the Department of Social Services would be paying for ce~i~ ~i~and t'~ ~i~'BG could pay for the facility itself, but not running it. M/R~.i~mith/Libby to ~i'~i ~i~ff to pursue a CDBG P/TA grant to hire a consultant to assist in:iiii!i~bating a homele~i?sh:elter ..... site, assist in analyzing the costs of rehabing an existing b~iii!i~.ing or purchas~ii!i~ew and land new building, help build this collaborative effort, and ~!~ili~he grant for....:.n...~' year's CDBG funding cycle, and assist City staff in determining other ~ii~i~i~ili .p....:r?jects~[' would be competitive on a statewide basis; carried by the following roll ~!ii~:~:~:~!~:~!:~:~:i~~": Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES~i~Nb~'e. ABSENT: None. ABSTAIN: None. NEW BUSINESS 8g. Discussion of Financial Trends As a Budaet Plannino Tool City Manager Horsley advised that five years ago ~-he City experienced extreme financial March 1,2000 Page 15 of 18 problems and the City had to take drastic steps. The Council said at that time it never wanted to be in that position again. Staff has come up with a forecast of financial trends based on the last several years. She explained the trend is that revenue is going back down to a standard increase from inflation. If you project this out, we are going to again see a trend toward more expenditures and less revenues and not having a balanced budget. Staff put this together so the Council can plan and budget accordingly. Aisc, the different Departments put together a list to illustrate to Council each of their respective duties. One change facing the City is the Landfill closing, which will impact certain Departments and positions. Another example is the uncertainty whether there will be addii~i~nal funding available from grants to continue the COPS Program. These are v.e~ wo.~hile programs and services but decisions will need to be made by Council on..~i~h~?Will be modified. This information is being given to the Council in a~i~iPatio~i! ~ii~ili~pcoming budget discussions. Finance Director Elton stated the projections are v~:::unsci.ei~i~i:i:C beca~ by the economy. Sales tax is the most significant r~~iii~i~:Urce in the G'~i~g?~ii~:[Jnd and the City has seen some significant growth in the P~i!i~ii~ars and we can'see the retail development that has driven that. He does not..k.:'~iii~ili~t~::.same type of growth will continue and, on top of that, there is a que~i~n "~~i~g. taxability of Internet transactions. There are proposals that range an:y~..-where fr°::~ii~. ~i~iiii~ew taxes to Internet activity all the way to eliminating existing ta~iii~?might aP'~i~ii! ~:~atever happens has a potential to impact our revenue either..:~ii~i~i~i ~ii~i~gativel.~?~here is also movement at the state level to change the way m~y is local governments. They all have variations with some kind .:e~ii::?minimu~:"floS~i~i~:~ld be established for every agency that gets sales tax and is ..~i:iy bas~di~0n If you look at our population growth, it has not fluctuated muc~i!!!ii~i~!~Pe pa~ii!5 or 10 y....:~Ars. With those factors in mind, staff ended up using 4°/° per year ~h ac.r..~il the b.0..~', except for property tax that doesn't grow that fast, and the util.i~::fr~Chise fe~i ~ic.h..'!!~i~:~ been capped. For the expenses they used 5%.g~b, which.:j~ ~ ~ii~ction ofli~ i~i ~'Pected to happen if there are no changes in the ~i~ ~ity d0:~!~i~i~Ss. Th~i~i:~ctions are based on the 1999/2000 Budget, which w'~i~i~te.d wit'~i::ii~i~~Jon in fund balance. It is given, that unless we have a much large~?~i~i~i~i?, of re~~i~iiilfuture years than we do expenses, the reduction of fund balance...~ii?~~, Th~ ~'some elimination of one-time expenditures that are in the cur.~ei~iiiii~::~il ~ ~9jecti'~i~ includes the continuation of the programs that the City Manag~i~iii~iscussed '~ i~i~ ~eneral Fund will be providing those services. C~'cilmember ............. Bald~ir~?noted at the state and national level over the last three to four ~hs, there has bee~:'a shift on the Governor's position on Internet sales tax. Maybe this ~cil should pa~ii!::~ resolution to support Internet sales tax. :,::!iC~i!!iMay~iiii~hiku stated the issue was raised by the Mayor of Santa Clara in speaking wi~iii~i~~oxer. She made it very clear there was no support for taxing the Internet and City's need to acquire other sources of revenue. Councilmember Baldwin stated Prop 218, Prop 13, and another Gann initiative denies cities the ability to even go to the voters with any chance of winning any kind of override or bond issue. March 1, 2000 Page 16 of 18 City Manager Horsley advised staff will be coming back to the Council in April to discuss issues and major trends before getting to the Budget,so staff can receive direction from the Council on how staff should prioritize. She indicated staff will put together a budget schedule, which will include a half-day Budget Planning Workshop. NEW BUSINESS 8i. Award Bid for 2-Wheel Drive 3/4 Ton Truck with Utility Body to Lasher Auto Center for the Sum of $22,519.28 Mayor Mastin asked that this item be pulled from the Consent Calend~:' because of discussions in the past on the local preference issue, and because.:~ashe~i~:io Center won the bid for less than $100 for the 3/4 ton truck. The Ci.ty Man.~ ~ji~i~ated there is an additional $500 discount if paid within 20 days after.?~ji~ery, ~i~i ~! ~i~:t. ed to bring it..:~.p for discussion to see if there were any grounds for ~':~ting this:~i~ · ::i!i::.::J' ..::..-:iiii-:- '~i:!:i:!:i:i!iiiii!!i!i!:i!i:i:iii:iiiiiiiiiii:: .... :::::::::::" City Attorney Rapport stated the only option is ~ii~eject.:.a.'."ili?~ids and'::~i~i~ !iii ~!?~oted equipment purchases are not required to be bid ~i~ ii~w but the CitY~!i~ii~i~i~h has a Procurement Ordinance that requires at least thre~::iiii~~als be solicited and wherever feasible the bid goes to the lowest responsible bidd~?i!ii iii iiii i!i iii;iiiii~ .... Councilmember Libb su ested the Council.'.'[e~hink thi;~::ii~ilili!iiiiiiii!iiiiiii~i~iii?:~'?' . Y gg .......... ~.:~?:...~:.....~.:,......~ ..... S~.:e~.~...?:~;the future_ M/s Ashiku/Baldwin, to award the bid for...:~i?~i~?:ii~ i~ibe tru ~:!i~::'Lash r ...... ~:::~::~.. ' ............ ~:~,.~:..:.,.:.:.:.::~.:.:.~.~ ............ .c.....~..~,:~ e Auto Ce nter for the sum of $22,519.28, carried by the f0ii~6wing r.0ii~:'(~iiiiii~ii~ii~ii~: Councilmembers Smith, Baldwin, Ashiku, and Mayor Ua:s.~!i~i!!::' NOES!" Cou'~iii~ber Libby. ABSENT: None. ABSTAIN: None. ::~iiiii i":::::?;' ..~i::iiiiii?ii~' ....................-'....... ,:.:.:.:.:.:. 9. CITY COUNCIL REPQRT~?" ..~ii .............................. .... Councilmember Smith ad~s~' he wasiiiii~i;i;~i~i:~i;~'ator Wes Chesbro's offi ..:.~::?:~ ......... ~:::~:~:~:~?~?~:::~:~ .... ::?::::::::::::?:::::::::::::::::::::::::::::::?: ce on February 17, and.::~.t.:~!~i!~..Legisf~i~iii~i~. Peggy~i~..t.'~ii~' about the issue of Eel River diversion. He advised~iiilS~i~i~:CheSSi~! ~iii!!!i~e. in Ukiah tomorrow night at the County Administration Center to"~i~~i~iealth C~i~~!i!'~iii~He will also be touring UVAH Friday morning. Councilme~?~ii~!~ted'::~;~iii;~'isoi. lanned to attend Wes Ch ' · ................. , .... ~:.~.:~:.:.:.:~:...:?~..:??:.:~:~:::.~ ...... ..:.. P esbro s meet~ ng. She attendediii;tfie Cham'b~i~ii!iB~!i..n. ess Symposium and worked at the Economic Development Fina?~i~i~ Corporatio~!:::i:~i~i~ii?booth for a few hours. There was Iow attendance until the gu~i::~Speaker section ~'t~:"program. She drew attention to the copies she distributed to C~i~'cil from Mendoci:~:'Council of Governments (MCOG) about the corridor enhancement .P....'~j~. Phil Dow, fr~::'MCOG, is very confident we are going to receive the $500,000 from !i~~:..TEA fund~ili~?expand the program. All the detail is included in the handout. ~i{~ ~~?~;rsley extended kudos to Mr. Dow because he talked to the state about the lal~iii~":fUnds. We are the only County in the whole state that is receiving those funds. Councilrnernber Libby added that in our County there is a state park that had been given funds and they don't think the TEA funds are going to be used. Because we are within the County, we will get first bid on them. So, we are going to have lots of trees. March 1,2000 Page 17 of 18 Councilmember Baldwin reported we are looking at having to provide more money to Inland Water and Power Commission (IWPC) for legal fees associated with the Federal Energy Regulatory Commission (FERC) licensing and possible lease or sale of the Potter Valley Project. It looks like $4,000 is needed right away and $1,000 a month after that. They will need $60,000 for the upcoming year to do what is necessary. There is a meeting Thursday night and the figures will be passed on to us so we can agendize this matter for the next City Council meeting. Another minor issue he wanted to propose is the idea of painting out one side of the fire tower to make it blend with the color of the hills behind it. ..:::.. ........ ........ Vice Mayor Ashiku had no report...;¢iiiiiiiii!i~::...::?:::iii~? iiii? Mayor Mastin said the Fire Department threw him o..f.~ii~:-top ~?~i~!i!~!i~!~i:.tower. He had.a .... :...:.:.:. ================================================ ::.~ ..... good day with them and they inspected the new Juve~ii~:'' Hall. H~ii!~i::~.~.::~0n Bush the Ukiah Valley Fire Department was retiring to Wi~:Sor with them. Also, MSWMA met on February 23, andi.~i~:..r.e wa~ii~:i'SCUSsior~:~::~..'"~~i:~:.:!i~ sale of the North State Street property. It is going to ta~:_~ii.~.~i!~:60 days and to go out to a variety of public agencies that have S:~i~iii~~ parks. They have 60 days to respond whether they would like to buy it. If not~ilM:S~M~iWJll list the property with an agent and accept offers. Before that time, the Cit?i~i"ll b~ii!i~i~i~!~ar on any challenges to the Taylor Drive Transfer Station. He advise~::iii~iii~? unat~ii~.i:i~i~i~e the MTA meeting. ========================================================== ================================= i!il !i':' .ii City Manager Horsley advised she::~ii~+~nded~ ~:~::::i~ii~[iii!~i~?:~'he census as well as the Mayor/Manager meeting. She dist;~i!~uted G~:nsuS:??:~i!i~i~:Uttons and magnets. They undercounted in 1990, especia!.J~Yiiii~i!~'Calif0..,.~ii~., so th~'"~'re making a real effort this year. She shared a California Celeb~ji~' boo~ili~hat high!i!~hts the various events being held at different times of the year. Sh~ii!~Vised ~!i. Will be::~i!Arcata Friday and not available in the office. Sh::~::~:;,.q, uestioned.::?:::~:.~ ~lannedii ~ ~iiii~ i~:~nator Peace's meeting on March 24, wherein ..h~i!~i~ii!~l:..receiv~?~!i~i~ ~:!ative t~ ~ii~:::"method changes for local governments. ::::::::::::::::::::::::::::::::::::::::::::::: ......... .:.;.;:;:::;:;.;.:.... 11. C"~~ ~ESSlO~iii ii i !ili::iii~ .... a. PU~ii:~:.:~P!~yee"::~.~nce Evaluation' City Manager This tem was::::::con~::nu:~::~o the '~[:i'ng of March 15, 2000. i , ,......:,:,,.:....... ~ ......... ........... 12. ?;A~DJOURNMEN~iiiil;ii!i.i.i.i.i.i.i.?' The.[81?being no furthe¢ii~8~ii~:bss, the meeting was adjourned at 1 1:41 p.m. ..iiiiiiiiiii!:' iiiiiii!ii ~:i::" ::::::::::::::::::::::: ....,..... ,..........,.,.,..,...., ..;.:.:.:.:.. :::::::::::::::::::::::::::;;:;:;;:;::' ;-:.:,:.:.:.:.:.:.;-:.:4.:-: ,,;;::::::::.' ~!~ i i~ asr,.. Ci~!:;~ ! erk March 1, 2000 Page 18 of 18 ITEM NO. 5a DATE March 15, 2000 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH FEBRUARY 2000 Payments made during the month of February 2000, are summarized on the attached Report of Disbursements. Further detail is supplied on the attached Schedules of Bills, representing the four (4) individual payment cycles within the month. Accounts Payable check numbers: 21484-21571, 21697-21807. 21825-21897, 22027-22105 Payroll check numbers: 21572-21696, 21808-21824, 21901-22026 Void check numbers: 21898-21900 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 February 2000. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Gordon Elton, Director of Finance Coordinated with: Kim Sechrest, Accounts Payable Specialist Attachments: Report of Disbursements APPROVED' AGENDA. WPD~rs Candace Horsley, City Manager CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF FEBRUARY 2000 Demand Payments approved: Check No. 21484-21571, 21697-21807, 21825-21897, 22027.22105 FUNDS: 100 General Fund $109,077.89 660 131 Equipment Reserve Fund $4,585.90 661 140 Park Development 665 142 National Science Foundation $455.00 670 143 N.E.H.1. Museum Grant $2,861.55 675 150 Civic Center Fund 678 204 Federal Asset Seizure Grants 679 205 Sup Law Enforce. Srv. Fd (SLESF) 695 206 Community Oriented Policing $4,132.02 696 220 Parking Dist. #10per & Maint $803.06 697 230 Parking Dist. #1 Revenue Fund 698 250 Special Revenue Fund $1,052.84 800 260 Downtown Business Improvement 801 301 Gas Tax Fund (2107) 805 330 Revenue Sharing Fund 806 332 Federal Emerg. Shelter Grant $9,884.52 820 333 Comm. Development Block Grant $4,067.50 900 410 Conference Center Fund $6,774.12 910 550 Lake Mendocino Bond 920 555 Lake Mendocino Bond Reserve 940 575 Garage $1,601.21 950 600 Airport $2,203.88 960 612 City/District Sewer $56,995.26 962 640 San Dist Revolving Fund 965 652 REDIP Sewer Enterprise Fund 966 PAYROLL CHECK NUMBERS 21572-21696 DIRECT DEPOSIT NUMBERS 7016-7110 PAYROLL PERIOD 1/23/00-2/5/00 PAYROLL CHECK NUMBERS 21808-21824, 21901-22026 DIRECT DEPOSIT NUMBERS 7111-7207 PAYROLL PERIOD 2/6/00-2/19/00 Sanitary Disposal Site Fund Sanitary Disposal Replace Refuse/Debris Control U.S.W. Billing & Collections 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. TOTAL DEMAND PAYMENTS TOTAL PAYROLL VENDOR CHECKS TOTAL PAYROLL CHECKS TOTAL DIRECT DEPOSIT TOTAL PAYMENTS VOID CHECK NUMBERS 21898-21900 $44,582.82 $1,795.00 $2,466.95 $1,448.40 $5,623.43 $318.96 $4,519.08 $1,930.99 $563,907.37 $12,240.29 $31,954.52 $10,453.63 $51,470.12 $300.00 $80,873.93 $515.71 $45,745.45 $9,368.10 $1,873.62 $1,075,883.12 $69,915.90 $171,391.99 $205,4O5.97 $1,522,596.98 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. CERTIFICATION OF DIRECTOR OF FINANCE I have audited this Register and approve for accuracy and available funds. 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The lease agreement has been renewed at five year intervals and is scheduled for renewal at this time. Since originating its use of the property, SULL has completed extensive improvements through volunteer efforts including the installation of three baseball diamonds, bleachers, a concession stand, restrooms, an access road shared by the City, tree plantings, and a fence line to protect adjoining properties. Maintenance stipulations have been included in the proposed lease which provide for the continued care of these improvements. In addition, the League has participated in the preliminary design process for the proposed Riverside Park and will be an integral part of the on-going planning process should the Council approve the lease. Staff has discussed the lease with the SULL representative and all terms and conditions have been agreed upon. Staff therefore recommends approval of the lease for another five year term commencing March 15, 2000 and ending March 15, 2005. RECOMMENDED ACTION: Approve five year lease extension with South Ukiah Little League. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine lease requires further consideration and remand to staff with direction. 2. Determine lease approval is inappropriate at this time and do not move to approve Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A SULL Larry W. DeKnoblough, Community Services Director~19 Candace Horsley, City Manager 1. Proposed lease agree,me~. APPROVED:\_ ~ndace Horsley, City h~nager LD4 SULL.ASR LEASE AGREEMENT This Lease, made this ..... day of March, 2000, by and between the City of Ukiah, State of California, acting by and through its City Council, hereinafter referred to as "Lessor" and South Ukiah Little League (SULL), a corporation organized and existing under and in compliance with the laws of the State of California and its officers, hereinafter referred to as "Lessee." RECITALS: 1. Lessor has the authority contained in Government Code { {37380 and 37395 and does determine that the use of certain property owned by the Lessor is not required for its use at this time and is available for Lease, and 2. The use of said property by the Lessee would be and is beneficial for the citizens of the City of Ukiah. 1. LEASE. LEASE AGREEMENT The parties hereto agree that on the terms and conditions hereinafter expressed, Lessor does hereby let to Lessee and Lessee does hereby hire from Lessor a portion of that certain parcel of property commonly referred to as "Riverside Park", located on City property to the Southeast of East Gobbi Street (Levaggi Lane), County of Mendocino and West of the Russian River, more specifically described on the attached "Exhibit A". 2. TERM. The term of this Lease is for a period of five (5) years commencing on the date set forth above. 3. RENT. As rent for the term hereby demised, Lessee agrees to pay to Lessor the sum of One Dollar ($1.00) per year in full consideration hereof for the use of said property. -1- 3.1. Lessee specifically represents that it does not intend to make a profit on the use of the leased premises. All income derived from use of the leased premises shall be used exclusively to sponsor or promote Little League Baseball on the leased premises or for improvements to the leased premises. 3.2. Lessee shall maintain regular books of account which it shall make available to Lessor upon demand for inspection or audit. 4. USE AND IMPROVEMENTS. Lessee hereby agrees to install all permanent improvements which shall become part of said property and title to said improvements shall be vested in the Lessor upon termination of this Lease except as set forth herein. 4.1. Lessee shall use the leased premises exclusively as Little League Baseball diamonds and associated activities operated under the Lessee's sponsorship and supervision. 4.2. Improvements, excavations, removal of any trees, brush, grass or improvements and other modifications to the property shall be the sole responsibility of Lessee and shall be approved by Lessor prior to conducting work. Lessee will make all reasonable efforts and take all reasonable precautions to design, construct, and maintain baseball diamonds and improvements to same that are safe and free from unreasonable hazards likely to cause injury to persons who use them. 4.3. Prior to sponsoring its first race, under this Lease, Lessee shall construct a six foot security type fence around the entire perimeter of the leased premises, or in an alternative location meeting the approval of Lessor. Lessee shall obtain the prior written approval for the fence before its installation as well as the written approval of the Lessor for the constructed fence. Utilities as needed (water, electric, sewer) shall be constructed underground. 4.4. Lessee agrees to keep the premises and all improvements in good repair and order and to bear the full cost for maintenance of all improvements. -2- 4.5. Lessee shall acquire the necessary and required permits from the appropriate regulating body for the development proposed under this lease. Lessee shall also: a. Maintain a safety rail and accessibility ladder around the two scoreboard platforms. b. Maintain a fence which prohibits access to the adjoining properties to the south and west of the Little League field and monitor the locked entry gate to secure from unauthorized access during non-use hours. 4.6. Lessee is responsible for the relocation, alteration, removal, construction, reconstruction of any municipal or private facilities, structures or utilities existing on leased premises which are presently in use or abandoned. 4.7. Lessee shall insure that no alcoholic beverages are possessed or consumed on the leased premises at any time. Lessee shall not use or permit the leased premises to be used except in full compliance with all rules, regulations, laws or ordinances of the City of Ukiah and the State of Califomia. Lessee shall not permit use of the property for any reason atter the hour of 10:00 p.m. Lessee shall not permit vehicles to park on the premises between the hours of 10 p.m. and 8 a.m., and shall properly post the premises in accordance with Vehicle Code requirements. 5. ASSIGNMENT. Lessee will not assign this Lease or any interest therein and will not let or underlet the said premises or any part thereof without the prior written consent of the Lessor. 6. INDEMNIFICATION AND INSURANCE. 6.1. Lessor shall not be liable for and is free from the cost of any damages for personal injury or property damage resulting from the use made by Lessee of the demised premises, any defective condition or faulty construction of the demised premises existing at the time of letting or arising thereafter and Lessee covenants and agrees to indemnify and save harmless said Lessor and -3- its officers, agents and employees fi.om and against any and all liability, loss, cost, or other obligation, including reasonable attorney's fee, on account of or arising out of any such injuries or losses however occurring. 6.2. Lessee covenants and agrees during the life of this Lease at Lessee's sole expense to comply with the requirements of Exhibit B, Insurance Requirements for Lessees (No Auto Risks), attached hereto and incorporated herein by reference. 6.3 Notwithstanding the provisions of Exhibit B requiring Lessee to procure workmen's compensation insurance, Lessee need not procure such insurance provided all of the fol- lowing conditions are met: a. It maintains its status as a non-profit tax exempt organization; b. It's Board of Directors takes no action to designate any person providing services or work to the organization as its employee; and c. All persons performing services for the organization do so strictly as volunteers without receiving any compensation whatsoever. Lessee shall immediately notifiy Lessor if it fails to meet all of the conditions of this paragraph 6.3 and shall immediately thereafter comply with the workmen's compensation provisions of Exhibit B. 7. TERMINATION. 7.1. This Lease or any renewal thereof, may be canceled for any reason by either party on sixty (60) days written notice to the other party. 7.2. Lessor can cancel this Lease immediately for any breach of this lease by Lessee, including, but not limited to, failure to provide insurance, without any prior notice to Lessee. -4- 8. ATTORNEY'S FEES. Lessee shall pay Lessor its reasonable costs and attorneys fees if Lessor prevails in any legal action to enforce any of the terms of this Lease. 9. TIME OF ESSENCE. Time is of the essence of this agreement. 10. WAIVER. City's waiver of any default in Lessee's performance of any condition of this Lease, including the obligation to pay rent, shall not constitute a waiver of remedies available for a subsequent breach of the same or a different condition of this Lease. Acceptance of subsequent rental payments from Lessee or its assignees shall not constitute a waiver of the failure of Lessee to pay rent or obtain prior approval to an assignment of this Lease. 11. NOTICES. Any written notice required hereby shall be deemed sufficient when placed in the United States mail, postage prepaid and addressed as follows: TO LESSEE~ South Ukiah Little League P.O. Box 1197 Ukiah, CA 95482 TO CITY: City Manager Ukiah Civic Center 300 Seminary Avenue Ukiah, CA 95482 12. PARAGRAPH HEADINGS. Paragraph headings are included for the convenience of the parties and are not intended to define or limit the scope of this Lease. 13. PREVIOUS AGREEMENTS. Any and all existing statement or agreements, whether oral or written, or renewals thereof, between the parties hereto, covering the same subject matter, are hereby canceled and superseded by -5- the terms of this Lease, and such prior agreements, statements or understandings shall have no further force or effect. 14. DUPLICATE ORIGINALS. This Lease may be executed in one or more duplicate originals bearing 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 this Lease. Entered on the date first written above. CITY OF UKIAH ATTEST: By: City Clerk SOUTH UKIAH LITTLE LEAGUE. LD/AGR SULL. AGR By: It's -6- June 16, 1978 Lease Agreement - South Ukiah' Little League Description EXHIBIT "A" Being a portion of that tract of land, Dillingham to the Town of Ukiah City, as recorded September 10, 1896 in Deeds of Mendocino County, State of California, in Book 69, Page 390, said portion_. being more particu].arly described as follows: Beginning at a Roint on the Westerly line of said tract, said point being S 9" E 40.00 feet from the Northwesterly corner of said tract; thence along the Westerly line of said tract, S 9° E 549 feet more or less to a point which is 75.00 feet NOrtherly from the Southerly line of said tract, measured at right angles to said Southerly line; thence parallel to and 75.00 feet ~ortherly of said Southerly line, N 81o15, E 550.00 feet; thence N 9v W 549 feet more or less to a point which is 40.00 feet Southerly from the Northerly line of said tract, measured a't right angles to said Northerly line; thence parallel to and 40.00 feet Southerly of said Northerly line, S 81o15' W 550.00 feet to the point of beginning and containing 633.acres, more or less. Ref: R-13 ] ,11 II '. C H A P T E R F I V E Exhibit "13 INSURANCE REQUIREMENTS FOR LESSEES (NO AUTO RISKS) Lessee shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Lessee's operation and use of the leased premises. The cost of such insurance shall be borne by the Lessee. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage ("occurrence' form CG 0001). 2. Workers' Compensation insurance as required by the State of CaLifornia and Employer's Liability insurance {for lessees with employees). · 3. Property insurance against all risks of loss to any tenant improvemefits or betterments. Minimum Limits of Insurance Lessee shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for' bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required ocdurrence limit. 2. Employer's Liability: $1,000,000 per accident for bodily injury or disease. 3. Property Insurance: Full replacement cost with no coinsurance penalty provision. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Lessee shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions The general liability policy is to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees and volunteers are to be covered as insureds with respect to liability arising out of ownership, maintenance or use of that part of the premises leased to the lessee. 2. The Lessee's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Lessee's insurance and shall not contribute with it. Insurance R~luirements in Contracts 27 CHAPTER FIVE 3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled, except after thirty {30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Verification of Coverage Lessee shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time. Insurance R~luirements in Contracts 28 ITEM NO. .Sc DATE: MARCH 15, 2000 AGENDA SUMMARY REPORT SUBJECT: AUTHORIZATION TO PROCEED WITH REQUEST FOR PROPOSALS (RFP) FOR CABLE TELEVISION RENEWAL CONSULTING SERVICES The City's Cable Television Franchise Agreement with Adelphia Communications will expire on December 6, 2000. At the June 3, 1998 meeting of the City Council, staff was authorized to collaborate with the County of Mendocino and the other cities in the County to hire a consultant and develop a franchise agreement for approval and adoption. The Staff Report from the meeting states that "the City of Ukiah, and the other cited local agencies would meet to develop consultant selection criteria and a contribution model, which would be forwarded to the Council for review and approval before proceeding with actually hiring the consultant." (Attachment A) The Mendocino Telecommunication Coordinators Group, comprised of representatives from the County of Mendocino, Fort Bragg, Willits, and Michael Flad representing the City of Ukiah have met several times over the past few months and have developed the attached draft Request for Proposal (RFP) selection criteria (Attachment B). The County of Mendocino continues to serve as the lead agency on this matter and will facilitate the issuance of the RFP. The Coordinators Group is requesting that each agency authorize the attached RFP. Prior to the selection of a consultant and a contribution formula, this issue will be brought to the City Council for additional approval. It should be noted that it is the recommendation of the Coordinators Group that the consultant fees be paid by Adelphia Communications as part of the negotiation process. Staff will be available at the meeting to answer any questions. RECOMMENDED ACTION: Authorize staff to issue a Request for Proposals (RFP) for Cable Television Renewal Consulting Services. ALTERNATIVE COUNCIL POLICY OPTIONS: Determine authorization is inappropriate at this time and remand to staff with direction. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Candace Horsley, City Manager Michael Flad, Assistant City Manage(~'~'~ Candace Horsley, City Manager 1. Agenda Summary Report dated June 3, 1998. 2. Draft Mendocino Telecommunication Coordinators Group Request for P,r~,als. APPROVED:'.~ _~-~,,~ Candace Horsley, City M~nager (ATTACHMENT "A") ITEM NO. 6b DATE: June 3, 1998 SUBJECT: CABLE TELEVISION FRANCHISE RENEWAL: CONCEPTUAL APPROVAL TO COLLABORATE WITH THE COUNTY AND HIRE A CONSULTANT TO DEVELOP THE OPTIMUM FRANCHISE AGREEMENT FOR THE CITY OF UKIAH, AND OTHER PARTICIPATING ENTITIES SUMMARY: The City's cable television franchise agreement with Century Communications Corporation will expire on December 6, 2000, as will the other local agencies' agreements with Century, and a new franchise agreement must be developed and made ready for adoption in the intervening 2~ years. This is a complicated and highly regulated field with (Continued on page 2) RECOMMENDED ACTION: Approve the proposal to collaborate with the County of Mendocino and the other cities in the County to hire a consultant to assist in developing the best possible cable television franchise agreement for Council's ultimate consideration and approval. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Do not participate with the County and other cities in the county to collectively address the cable franchise renewal issue, and, rather, independently develop a renewal agreement. Citizen Advised: N/A Requested by: County of Mendocino via City Manager Candace Horsley Prepared by: Robert Sawyer, Planning Director Coordinated with: Candace Horsley, City Manager Attachments: Logan Letter (dated 4/2/98) Mordhorst Letter (dated 4/29/98) Gold Letter (dated 4/15/98) APPROVED: ~ Candace H0rsl~y~Cit~ Manager ("ATTACHMENT "B") D AFT MENDOCINO TELECOMMUNICATION COORDINATORS GROUP REQUEST FOR PROPOSALS FEBRUARY 2000 Introduction The Mendocino Cable Group is requesting proposals from selected experienced and qualified consulting firms to assist with our Cable Television Franchise Renewal processes. Current agreements with Adelphia expire within the next year for the County and the three cities of Fort Bragg, Ukiah and Willits. In an effort to increase our leverage with Adelphia on behalf of cable subscribers, we have agreed to xvork together on the renewal process. Technological advances, regulatory changes and increased interest in community access have led the Group to seek expert assistance. Background Mendocino County is located in Northern California, approximately 100 miles north of San Francisco. Adelphia serves the three cities and the surrounding area of these cities. Specifics for each entity is as follows: City or County Population Cable Subscribers Other Cable Information Fort Bragg 6,392 2,138 Regulates Rates Ukiah 14,983 3,726 none Willits 5,165 1,276 none Mendocino County 60,166 8,137 Does not include South Coast Scope of Requested Services Task I: Conduct a Cable Television Needs Assessment An assessment of both current and future cable television needs will be made and will include the following actions: Analyze trends such as demographics, expansion of technology, community interests, growth of telecommunications industry, services and programs, and patterns of use including home-based businesses and level of telecommunications in Contra Costa communities. Compare cable services with systems elsewhere. Conduct a technical review of each system. Determine the likely future cable needs for subscribers based on trend analysis and analysis of already-existing cable-relevant data. Specifically, the consultant will have access to the following materials: · Existing Cable Television Franchise Agreements · Existing Community Television Franchise Ordinances · Franchise Fee Audit Task I Report. Upon completion of Phase I, the consultant will present findings to the Group and submit 11 copies of a written report. Task II: Devise Community Input Plan Based on the assessment, the consultant will prepare a strategy for gathering community input. This plan may include: Determine how well the level of "public access" in Group communities currently meets community needs, and project future "public access" needs for at least the next ten to fifteen years. Recommend cost-effective methods to gather community input through such mechanisms as focus groups, written surveys, telephone surveys, etc. Task II Report. Upon completion of Task II, the consultant will submit a written plan and present those results to the Group and/or others as determined Task III: Implement Community Input Plan After devising a community input plan, consultant will work with the Group to implement the chosen information on collection methods. We recognize the difficulty in assigning costs to implementing the plan. Please indicate cost per focus group, and cost per written or telephone survey of particular number of residents. In the total price, include some combination of surveys and focus groups into a scenario and then assign cost to the scenario. Task III Report. Upon completion of Task III, the consultant will submit a xvritten summary of findings and, if necessary, present those results to the Group and/or others as determined. Task IV' Review and Evaluate Current Telecommunications Ordinances Because of changes in the telecommunications industry and a growing desire to interact with Adelphia and other telecom companies more effectively, the County and cities plan to adopt a telecommunication ordinance tailored to meet local requirements. Before this final step, and because the ordinance is crucial in the renewal process, we would like the chosen consultant to suggest a draft of this ordinance for all entities. Task IV Deliverable. Prepare draft telecommunications ordinance for group consideration. Task V: Develop a Strategy for Entering Negotiations with Adelphia Based on results from Phase I and Phase II and working with staff, prepare a strategy for negotiating with Adelphia that will allow 9 months (if nine months is found to be unreasonable the Group may consider and recommend an extension of Adelphia's franchise for not more than 1 year) for actual agreement to be reached. Components should include the following: PEG/Community Access services and channels Customer Service Standards Length of contract term Other telecommunication services Revenue considerations Possible subscriber discounts Draft Telecommunication Ordinance should be considered in devising the strategy. Task V Deliverable. Working with Group staff, devise a plan for entering negotiations based on results of Tasks I, II and III, xvith specific consideration of and recommendations for each community's needs. Task VI' Work with Group to Implement a Strategy for Negotiations with Adelphia The consultant will assist in the process of negotiations with Adelphia. The level and nature of assistance xvill be determined, but may range anywhere from telephone support in the background to sitting at the table with representatives. Project Deliverables Prepare 11 copies each of the cable needs assessment and the results of the community input strategy as specified in Tasks I and II and present results to the Group. . Work with Group to implement community input plan and prepare a written report that summarizes findings. . Prepare a draft of the Telecommunications Ordinance and present results to the Group. Working with Group staff, devise an overall plan for entering negotiations based on results of Tasks I, II III, and IV with recommendations for tailoring to each community's needs. 5. Implement the negotiation plan as instructed by Group. . In addition to the deliverables and presentations specified above, consultant should be available for up to 3 presentations on the findings to any of the following: the Group, the City Council of each of the cities, the Mendocino County Board of Supervisors, or any others selected by the Group. Selection Criteria Proposals submitted will be evaluated and ranked according to the following criteria: 1. Consultant (and sub-contractor, if any) qualifications and recent relevant experience: Qualifications of the firm and its managers Brief resume(s) of project manager and staff who will be responsible for this project Recent experience with cable and telecommunications industry, and Adelphia in particular Recent experience gathering community input on behalf of public agencies Knowledge of and experience in evaluating PEG and customer services Experience working with public agencies on cable or telecommunications An understanding of the trends affecting cable and telecommunication services in the future , o . References from previous projects Demonstrated understanding of project requirements, including potential problem areas Content and thoroughness of the proposal which demonstrates the consultant's understanding of the task and familiarity with the types of issues applicable to the project Understanding of the scope of work Project approach, work program and quality assurance pro,am Technical approach including how the consultant will conduct the work required, necessary site visits, meetings with Group representatives and community members to collect information, progress reports, etc. Detailed discussion of the tasks or steps to accomplish the project Overall quality and responsiveness/completeness of proposal Ability to complete project in a timely manner Proposed project schedule, including major tasks and target completion dates Descriptions of resources, including personnel, to conduct each phase of the project Current workload of firm Consultant shall provide ~vritten guarantees or assurances that the proposed team will be assigned to the project Selection Process An evaluation committee will be comprised of Group members. The most qualified consultants based on the proposals submitted will be invited to interview with the evaluation committee. The final selection will be made based on both the proposal and the interview results. Cost and Method of Payment Cost will be negotiated with the selected candidate. A cost estimate broken do~vn by task should be included in the proposal. Cost of any additional services not specified in the RFP, but recommended by proposer, should be included separately. The County of Mendocino will coordinate Group actions including payments upon completed milestones to be negotiated with the successful candidate. Timeline for Proposal Process March 1 Request for Proposals Issued M,arch 24 Pre-bid Conference April 7 Proposals due (the following dates are tentative) Apr. 10-21 Week of May 1 st Week of May 15th late May early June Staff review of proposals Selection committee interviews best qualified consultants Consultant selected Group secures funding approval from City Councils, Board of Supervisors County of Mendocino issues contract and work is initiated Proposal Instructions and Format Consultants interested in providing these services must prepare a proposal that includes: mo Cover Letter. Firm name, address, phone number and contact person regarding the proposal should be clear. In addition, please provide a brief firm history including the consultant's current permanent staff size and how that staff's size has changed in the past five years. g. Firm Qualifications. Areas of expertise of current permanent staff and generally, the scope of services that can be provided by the firm without the services of an outside consultant under the consultant's direction. List all relevant experience, including description of each project, role of each professional for that project, scope of responsibility, and the date completed. Co Key Personnel. Proposed project management structure, including the project manager and individuals that will be assigned to the project and sub-contractors (if any). There can be no change of key personnel once the proposal is submitted without the prior approval of the Group. Do Subcontractors. Identification of any work that will be subcontracted. Include firm qualifications and key personnel for any subcontractors. E. Project Workplan. A description of project understanding, detailed approach, and methodology. List specific tasks and any specific considerations or options. Fo G° Ho Project Schedule. Propose a timeline for completion of the project including start date, milestones (see below) and target completion date. June 2000 Work begins Task I complete, draft plan submitted Plan accepted and authorization to begin Task II given Task II complete and draft report on both Task I and II submitted Review of report by Group complete Task III complete Task IV complete and plan submitted Plan accepted by Group and direction for negotiations determined Negotiations entered Negotiations complete References. At least 5 recent (within the last 3 years) references for whom the consultant has performed relevant work. References should include name, title, organization or agency name, phone number, address and a brief description of the project. Work Samples. Two samples of written reports prepared by the consultant for similar projects. Pre-Bid Conference In order to answer questions and collect feedback, an opportunity to meet in advance of the proposal deadline has been arranged: When: Where: Who: Questions: Friday, March 24, 2000, at 10:00 a.m. County of Mendocino Administration Building, 501 Low Gap Road, Conference Room C, Ukiah, CA Open to all interested in submitting proposals; staff involved in the project will be on hand Submit questions in writing by Wednesday, March 22, 2000, to: Bruce Mordhorst, Deputy County Administrator County of Mendocino 501 Low Gap Road, Room 1010 Ukiah, CA 95482 FAX: 707/463-5649 E-Mail: mordhorb~co.mendocino.ca.us Deadline for Proposals Questions about this RFP and the project should be directed to Bruce Mordhorst, County of Mendocino at (707) 463-4441. Eleven (11) copies of the proposal must be submitted by 5 p.m. on April 7, 2000, to: Bruce Mordhorst, Deputy County Administrator County of Mendocino 50.1 Low Gap Road, Room 1010 Ukiah, CA 95482 Proposals arriving late, unsealed or as a fax transmission are unacceptable and will not be considered. General Terms and Conditions o o , The Group reserves the right to reject any and all proposals. The Group reserves the right to modify the scope of the project at any time based on the best interests of its members. All documents, drawings and findings (regardless of format) that are associated with this study shall be the property of the Group. Proposals shall remain effective for 90 days beyond the submitted date. Consultant agreement will be based on the County of Mendocino's standard Consulting Service Agreement. ITEM NO. 7a AGENDA SUMMARY DATE: March 15, 2000 REPORT SUBJECT: ADOPTION OF URGENCY ORDINANCE TO AMEND UKIAH CITY CODE SECTION 7071 REGARDING ROADWAY SPEED ZONES SUMMARY: Attached is an urgency ordinance amending Ukiah City Code (UCC) Section 7071 to list all street segments in the City on which the posted speed limit is not 25 miles per hour. The ordinance is proposed as an urgency measure so that the City can implement the necessary signing immediately rather than wait until May 5, the date when a typical adoption process would be effective. By adopting the ordinance as an urgency ordinance by at least a 4/5 vote of the City Council, the ordinance can be introduced, adopted and become effective at the March 15 meeting (per Government Code Sections 36936 and 36937). Vehicle Code Section 22357 permits a city to determine on the basis of an engineering and traffic survey that a prima facie speed limit of more than 25 miles per hour is reasonable and safe on specified segments of city streets. The City must declare the prima facie speed limit by ordinance in increments of five miles per hour, starting at 30 mph. continued on page 2 RECOMMENDED ACTION: Introduce and adopt ordinance amending UCC Section 7071 as an urgency measure by a 4/5 or greater vote of the City Council. ALTERNATIVE COUNCIL POLICY OPTIONS: Introduce ordinance, not on an urgency basis or reject ordinance. Altering the recommended speed limits is not a policy option. Citizen Advised' Requested by: Prepared by: Coordinated with: Attachments: None. Otto Bertolero, Interim Director of Public Works/City Engineer David J. Rapport, City Attorney Rick Seanor, Deputy Director of Public Works~~ Candace Horsley, City Manager Otto Bertolero, Interim Director of Public Works/City Engineer David J. Rapport, City Attorney John Williams, Police Chief Roe Sandelin, Fire Chief 1. Ordinance amending Ukiah City Code Section 7071 2. Memo from Ukiah Fire Department 3. Engineering Survey and Traffic Investigation for Low Gap Road .... sum Candace Horsley, anager ADOPTION OF URGENCY ORDINANCE TO AMEND UKIAH CITY CODE SECTION 7071 REGARDING ROADWAY SPEED ZONES MARCH 15, 2000 In addition, under Vehicle Code Section 22358.3, a city may lower the speed limit to 20 or 15 mph in a business or residential district or in a public park, on any roadway not exceeding 25 feet in width, if it determines on the basis of an engineering and traffic survey that 25 mph is more than is reasonable and safe. These speed limits become effective when appropriate signs giving notice of the limits are erected upon the streets. Any such limit cannot thereafter be revised except upon the basis of an engineering and traffic survey and approval by City Council. The City Engineer recently completed an engineering and traffic survey on various city street segments. This survey was too lengthy to include in this report, however a copy of the survey is available in the City Engineer's office and will also be available for review at the City Council meeting. Speed limits are ordinarily established at or near the 85th percentile speed taking into account the accident history along with roadway, traffic, and roadside conditions which are not readily apparent to the driver. Generally accepted traffic engineering principles recognize that 85 percent of the traffic is moving at a speed which is reasonable and safe for the respective street. Speed limits are therefore established at the nearest 5 mph increment below the 85th percentile speed. The two most significant changes based on the engineering and traffic surveys are Gobbi Street between Dora Street and Leslie Street which will decrease from 30 mph to 25 mph and Low Gap Road between Bush Street and the West City Limits, which will increase from the existing speed limit of 30 mph to 35 mph. In review of the proposed speed zones, Public Safety expressed concern that 35 mph may be too fast for a street used by a large number of pedestrians and cyclists traveling to the high school. A copy of the memo regarding this concern is found as Attachment 2. The engineering and traffic survey for this section of Low Gap Road is included as Attachment 3. In the case of Low Gap Road, there were only two reported traffic accidents during the 45 month period ending September 30, 1999 within the limits of the proposed 35 mph speed zone. In addition, there are no unusual roadway, traffic, and roadside conditions which might justify a speed limit lower than the speed zone established by the 85th percentile speed of 36.1 mph for this roadway. There are bicycle lanes and sidewalks on both sides of the street which provide suitable routes for bicyclists and pedestrians. No parking is allowed on Low Gap Road. These factors indicate that 35 mph is a reasonable speed limit for Low Gap Road between Bush St. and the West City limits. The attached ordinance adopts the prima facie speed limits for those streets pursuant to Vehicle Code Sections 22357 and 22358.3. PAGE 2 ADOPTION OF URGENCY ORDINANCE TO AMEND UKIAH CITY CODE SECTION 7071 REGARDING ROADWAY SPEED ZONES MARCH 15, 2000 The recently completed engineering and traffic survey will also aid in the enforcement of speed limits on city streets that are not considered local streets. Under Vehicle Code Section 40803, when using radar evidence to prove a violation, the prosecution must include in its prima facie case that an engineering and traffic study was conducted on the street where the violation occurred within 5 years of the date of the offense, unless the street is a local street as defined in Section 40802. "Local street" means a local street or road as shown on the latest functional usage and federal-aid system maps submitted to the Federal Highway Administration. If those maps have not been submitted, or when the particular street or road is not shown on the map, a local street or road is a street or road that primarily provides access to abutting residential properties and meets three conditions: a) Roadway is not more than 40 feet wide; b) Roadway is not more than 1/2 mile of uninterrupted length (traffic control signs count as an interruption); and c) Roadway is not more than one traffic lane in each direction. The combination of updating UCC Section 7071 and competing the engineering and traffic survey should aid the City Police Department in enforcing speed limits in the City. Staff recommends adoption of the urgency ordinance. PAGE 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTION 7071 IN ARTICLE 4 OF CHAPTER 1 OF DIVISION 8 OF THE UKIAH CITY CODE, PROVIDING EXCESS SPEED ZONES FOR THE CITY OF UKIAH The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE Section 7071 is hereby amended to read as follows: §7071- EXCESS SPEED ZONE: There is hereby established exceptions to the speed zone set forth in Section 7070 of this Article to exist as hereafter set forth: 15 MILES PER HOUR Street Between Lorraine Street Marlene Street and Talmage Road 30 MILES PER HOUR Street Between Airport Park Boulevard Bush Street Clay Street Dora Street Gobbi Street Grove Avenue Helen Avenue Low Gap Road Orchard Avenue Perkins Street State Street State Street Wabash Avenue Washington Avenue Talmage Road and South End Grove Avenue to North City Limit Dora Street and Highland Avenue South City Limit and Grove Avenue Leslie Street and Oak Manor Drive Pine Street and Live Oak Avenue Mendocino Drive and Doolan Canyon Dr. State Street and Bush Street Ford Street and Gobbi Street State Street and Highway 101 North City Limits and Norton Street Gobbi Street and Talmage Road State Street and Dora Street State Street and Helen Avenue ORDINANCE NO.m Page I of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Street Low Gap Road Perkins Street State Street 35 MILES PER HOUR Between Bush Street and West City limits Highway 101 and Oak Manor Drive Talmage Road and Beacon Lane SECTION TVVO This Ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. SECTION THREE Upon approval by a 4/5 vote of the City Council, this Ordinance shall be adopted and become effective immediately as an urgency measure. The urgency arises from the immediate necessity to preserve the public peace, health, and safety. The specific facts constituting the urgency are as follows: These amendments to Ukiah City Code Section 7071 implement a recently completed traffic and engineering survey as required by California Vehicle Code Section 40802, establishing the safe speed for the studied streets. Before these safe speeds may be enforced on the designated streets, new speed limit signs must be erected. It will compromise public safety, if the City must wait for the approximately 6-8 weeks required for an ordinance not adopted as an urgency measure to become effective. Introduced by title only and adopted on March 15, 2000 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jim Mastin, Mayor Marie Ulvila, City Clerk ORDINANCE Page 2 of Memo To~ Date: Re~ Rick Seanor, Deputy Director of Public Works Roe M. Sandelin, Fire Chief 03/05/00 Proposed Speed Changes I forwarded your proposed speed changes to Fire Department staff for comment. From the standpoint of Fire Depadment operations, I do not believe the proposed speed changes will impede our ability to deliver service. One Fire Captain did express concem about the proposed speed of 35 miles per hour for Low Gap Road between Bush Street and the West City limits. I think it is his personal observation that younger ddvers using the street already ddve too fast for conditions and he feels raising the speed limit would only make the situation worse. Also, there are a high number of pedestrians in the area dudng school hours and at school related special events. There is concern that raising the speed could result in increased pedestrian related acddents. · Page 1 CITY OF UKIAH, ENGINEERJNG DIVISION SPEED ZONING ENGINEERING SURVEY AND TRAFFIC INVESTIGATION STREET: LOW GAP ROAD. - BUSH ST. TO WEST END DATA 1. Classification of terrain: 2. Roadside development: 3. Surface type: 4. Road width: 5. Surface condition: 6. Shoulder or parkin8 width: 7. Sisht distance: 8. Averase daily traffic volume: 9. Reported no. of accidents (45 months): 10. Existin§ Speed Limit (mph) ! 1. 85th percentile speed (mPh): 12. Pace ranEe (mph): Flat R,B asphalt 35'- 37' good 0 good 4,577 2 30 36.1 28-38 CONCLUSION: On the basis of an engineering survey and traffic investigation, as reported above, and in accordance with the provisions of the California Code Sections 22357, 22358, and 40802, the reasonable speed of the street described above has been established. RECOMMENDATION: It is hereby recommended that the Ukiah City Council determine and declare the speed limit to be 35 miles per hour. Otto Bertolero Interim City Ensineer Date and Time Printed: 3/7/00 at 9:40 AM Filename: C99-12 NUMI]ER OF VEtlICLES 5 10 15 20 I" E Itl C E f~f r CUI'4ULATI Vr OF TOTAL PErtCEN rAGE' 43 / / 7 $ // 31 30 2O 18 NOTES: r'CT, o VEt~! ?/ 7/. 75 g~- 3 TOTAL NU&IBEI1 OF VEtlICLES 7b Item No. Date: March 15, 2000 AGENDA SUMMARY REPORT SUBJECT: Authorize Payment to the Inland Water and Power Commission of $8,000 to Cover the City of Ukiah's Share of Outstanding and Future Legal Expenses relative to the Eel River Diversion and the Sale of the Potter Valley Hydro Project. REPORT: The Inland Water and Power Commission has retained Mr. Antonio Rossmann to represent the IWP in matters relative to the Russian - Eel River Diversion and the possible sale of the Potter Valley Hydro Project. The IWP has accumulated a total of $ 20,000 for Mr. Rossmann's work for January and February. In addition, it was recommended that IWP budget $5,000 per month for the coming year to cover additional work that would be required. This would result in an additional funding of $ 20,000 to cover legal expenses through June. The cost will be covered on an equal basis by each of the five (5) organizations represented on the commission. Ukiah's share of these expenses would therefore be $ 8,000. This effort will be funded equally from electric, water and wastewater departmental operating budget in 800-5536-250, 820-3901-250 and 612-3505-250. RECOMMENDED ACTION: Authorize Payment to the Inland Water and Power Commission of $ 8,000 to cover Ukiah's share of Outstanding and Future Legal Expenses. ALTERNATIVE COUNCIL POLICY OPTIONS: Direct Staff as to Alternative Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Coordinated with: Candace Horsley, City Manager Attachment:l ) None Candace Horsley, City ~/lanager [tern No. 7c Date: March 15, 2000 AGENDA SUMMARY REPORT SUBJECT: Accept Report from the Electric Utility Outlining System Improvements to the City of Ukiah's Electrical System and Consideration of a Budget Amendment in the Amount of $ 77,000. REPORT: Staff will give a presentation outlining the electric system improvements that have been accomplished since Fiscal Year 1991-92. Handouts covering the presentation will be distributed at the meeting. It was suggested during the midyear budget amendment consideration review that interest accumulated within the electric reserve account be transferred to the electric department's operating budget to be used for system improvements. Council's efforts to assure that the electric department has adequate materials to accomplish its tasks, is greatly appreciated by the department. However, with the size of our current staffing we are only able to spend and install a certain amount of equipment. Our current budget was formulated to match staffing to spending requirements to accomplish those tasks identified as having the highest priority. RECOMMENDED ACTION: Accept Report from the Electric Utility Outlining System Improvements to the City of Ukiah's Electrical System and Do Not Authorize a Budget Amendment to the Electric Department's Operating Account. ALTERNATIVE COUNCIL POLICY OPTIONS: Direct Staff as to Council's Alternative. Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Coordinated with: Candace Horsley, City Manager Attachment:l ) None APPROVED: i__~.,~ ~~'~~ Candace FIo~'sley, C~ty~anager AGENDA SUMMARY ITEM NO. 7d DATE' March 15. 2000 REPORT SUBJECT: CONSIDERATION AND ADOPTION OF RESOLUTION REVISING COMPENSATION FOR CITY CLERK In 1997, the City Council approved the procedure for City Clerk evaluation and compensation adjustment, whereby the City Manager would meet with the City Clerk to discuss performance and then return to the City Council with the review and cost of living increase recommendation. Before 1997, the process was rather ad-hoc and the Council felt they had insufficient information for determination of salary consideration. The last City Clerk cost of living increase was approved in February 1999. Marie Ulvila has been City Clerk since June 17, 1998. She was appointed to the position upon the resignation of Colleen Henderson. Marie has proven to have excellent skills and demonstrated considerable professionalism with the public. We have received many comments regarding her quality of service and how helpful she has been with the public and in working with staff members. (Continued on Page 2) RECOMMENDED ACTION: After discussion, Council adopt Resolution Approving Compensation for City Clerk ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Do not adopt Resolution or adopt modified Resolution. Citizen Advised: Requested by: Prepared by: Coordinated with' Attachments' N/A N/A Candace Horsley, City Manager N/A 1. Resolution Approving Compensation 2. Ukiah City Code Section 350 APPROVED.~~/ ~ Candace Horsley, C~y Manager ,I/Can. ASRCityCl.300 This year, Marie has accomplished two significant projects, which are well worth mentioning. She spent many months reorganizing our record retention schedules, and working with the various Departments in organizing the process of how records are checked out from the storage area, as well as improving the timelines of the records destruction schedule. Records retention is a large responsibility for any City Clerk. Records must be maintained in a method to allow easy access and retrieval, while at the same time maintaining security and confidentiality. Marie also was an integral part of selecting and recommending an optical imaging system to the City Council, which will greatly increase accessability to our documents. The second project that Marie has spent many hours completing is the listing of all of our many leases administered by the City Departments. This was a project that I requested be performed so that we would not miss any expiration dates or requirements of a lease. Marie spent many hours searching through the vault to document the leases and put them in a format that we can easily retrieve, and to ensure staff is aware of any approaching stipulations or deadlines that must be met. Overall, Marie is performing a very effective job, has accomplished many tasks, and is working very well with staff to coordinate and accomplish the everyday duties required of her position. It is the City Manager and staff's opinion that Marie has performed in an excellent manner in her position this year. I would recommend an increase of 4% based on the cost of living figures of 4.2% from the San Francisco/Oakland/San Jose Consumer Price Index, December 1999. The increase between March 19 and June 30 equals $255, which can be absorbed by savings in the current City Clerk budget. The goal for next year is to have Council consider the City Clerk's compensation adjustment in April, to be effective in the subsequent fiscal year budget. I have discussed this proposal with the City Clerk and she agrees this plan is acceptable. RESOLUTION NO. 2000- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING COMPENSATION FOR CITY CLERK WHEREAS, Ukiah City Code Section 350 states that the compensation for the City Clerk "...shall be determined by the City Council and established by resolution as adopted from time to time by the City Council."; and WHEREAS, the City Council concurs with the City Manager' s performance evaluation of the City Clerk and determines that an increase in the compensation paid to the City Clerk is earned and justified; and WHEREAS, the previous increase in compensation was effective January 1, 1999; and WHEREAS, the amount paid as salary specified herein does not include amounts authorized and paid on behalf of the City Clerk for retirement, health and welfare, and Federal social security and medicare benefits. NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of Ukiah does hereby approve an increase in the salary paid per year to the City Clerk from twenty thousand sixty dollars ($20,060) to twenty thousand, eight hundred, sixty-two dollars ($20,862) effective March 19, 2000. PASSED AND ADOPTED this 15th day of March, 2000 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jim Mastin, Mayor Marie Ulvila, City Clerk Resolution No. 2000 Page 1 of 1 §350 §350 CHAPTER 3 OFFICERS AND EMPLOYEES ARTICLE 5. CITY CLERK SECTION: §350: Compensation; Bond §350: CO~4PF_,NSAI'ION; BOND: The Clerk of the City shall receive as total compensation the sum of twenty thousand sixty dollars ($20,060.00) per year payable biweekly. This increase in compensation shall be retroactive to January 1, 1999. Subsequent modifications to City Clerk compensation shall be determined by the City Council and established by resolution as adopted from time to time by the City Council. The City Clerk shall be bonded in the sum of twenty five thousand dollars ($25,000.00) or such other sum as the City Council shall determine by resolution. The bond fee shall be a proper charge against such funds of the City as the City Council shall designate. (Ord. 288, §2, adopted 1929; Ord. 847, §1, adopted 1985; Ord. 856, §1, adopted 1986; Ord. 909, §1, adopted 1990; Ord. 994, §1, adopted 1997; Ord. 1016, §1, adopted 1999) 4/99 1021 , ORDINANCE NO. 1016 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING DIVISION 1, CHAPTER 3, ARTICLE 5, SECTION 350 OF THE UKIAH MUNICIPAL CODE REGARDING CITY CLERK COMPENSATION The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE Section 350 of the Ukiah Municipal Code is hereby amended to read as follows: §350: COMPENSATION; BOND: The Clerk of the City shall receive as total compensation the sum of twenty thousand and sixty dollars ($20,060.00) per year payable biweekly. This increase in compensation shall be retroactive to January 1, 1999. Subsequent modifications to City Clerk compensation shall be determined by the City Council and established by resolution as adopted from time to time by the City Council. The City Clerk shall be bonded in the sum of twenty five thousand dollars ($25,000.00) or such other sum as the City Council shall determine by resolution. The bond fee shall be a proper charge against such funds of the City as the City Council shall designate. SECTION TWO This Ordinance shall be published as required by law and shall become effective thirty (30) days-after it is adopted. Introduced by title only on February 17, 1999, by the following roll call vote: AYES: NOES: ABSENT: Councilmembers Libby, Baldwin, Askiku, Kelly, and Mayor Mastin None None . Adopted on March 3, 1999, by the following roll call vote: AYES' NOES' ABSENT: Councilmembers Libby, Baldwin, Askiku, Kelly, and Mayor Mastin None None -.(~. Ji~ Mastin, Mayor Marie Ulvila, City Clerk Ordinance No. 1016 Page 1 of 1 AGENDA SUMMARY ITEM NO, 7e DATE: March 15. 2000 REPORT SUBJECT: REPORT ON ANNUAL NORTHERN CALIFORNIA POWER ASSOCIATION LEGISLATIVE CONFERENCE The Northern California Power Association (NCPA) led a team of approximately 40 individuals, locally elected officials, and utility representatives, to Washington, D.C. to solicit support from the California Congressional Delegation on several critical issues. Vice Mayor Ashiku and Councilmember Libby were among those delegates and they will be reporting on the various issues addressed, which included Market Power, Bond Fairness and Protection Act (private use protection), PG&E Hydroelectric Divestiture, Trinity River EIS/EIR, Geothermal Royalties, and Purchase Power and Wheeling Funds. More than 45 meetings were held (with every utility member meeting with their congressional office) in less than three days. Attached for your information is background information on each issue and a draft of the Meeting'Summary of all the meetings attended. NCPA feels this year's trip may have been the most successful yet because of the large turnout of elected officials on the trip. RECOMMENDED ACTION: Council conduct discussion regarding Annual NCPA Legislative Conference. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Vice Mayor Ashiku and Councilmember Libby Candace Horsley, City Manager Kathy Libby, Councilmember 1. Meeting Summary 2. Documents summarizing various issues addressed APPROVED:, ~;~ ~'~'~~..,.,-,, cand~--ce Horsley, ~ity/Manager 4/Can.ASRNCPA.300 0 0 MARKET POWER ISSUE: ELECTRIC UTILITY COMPETITION: CONSUMERS MUST BENEFIT What is the problem ? The unifying principal of all state restructuring legislation has been the removal of regulated monopolies from the retail electric market. The benefits of such "deregulation" are then to flow to consumers. Simply declaring retail markets open, however, does not remove the structural impediments to a truly competitive environment. As we have seen in California, even the most well intentioned state efforts can fail to produce robust competition. In fact, they sometimes create undeniable market power opportunities causing severe price fluctuations. Thanks to temporary rate caps, these fluctuations have had a minimal affect on consumers. The Federal Energy Regulatory Commission (FERC), however, has made it clear that rate caps are a temporary solution. Unless the federal government acts to restructure retail electric markets in a.w__ay that fosters_ :compeli_tion,. not_market powey, consumers large and small will be the losers. -- California Example: A recent the California Independent System Operator (CAISO) report concluded that the California power market is far from competitive. Existing market power conditions are allowing some market participants to manipulate prices - particularly for ancillary services. Such market power can lead to extreme price spikes, distort the mmket, cost electricity consumers excessive dollars, and destabilize the ISO. FERC recently approved a one-year purchase price cap for the CAISO. Once the cap is gone, however, there will be no ceiling on how high prices may go in times of scarcity, or as a routine matter. Failure of existing ISOs greatly jeopardizes the future success of regional transmission organizations (RTOs) and federal restructuring legislation. What is the status of market power protections in current legislation ? Current efforts in the House and Senate exacerbate potential market power problems. Legislation passed by the House Subcommittee on Energy & Power (H.R. 2944) and introduced by Senate Energy Committee Chairman Frank Murkowski give virtually free reign to incumbent utilities at the expense of consumers, competitors and the goal of a competitive market. These bills seem to encourage consolidation at the expense of competition. The requirements for a vigorously competitive national electricity market are just the opposite. As aptly stated by columnist William Satire, "Competition is the driving force of free enterprise. Concenti-ated power is the greatest danger to capitalism." Page 1 of 3 What can Congress do to help NCPA and its members ? The potential for market power abuse--with the level of concentration evidenced by the recent Energy Information Administration 0EIA) report that shows 20 companies will hold 75 percent of the nation's generating capacity--has not been addressed by Congress. NCPA believes that the transformation of the industry from a government sanctioned monopoly to a competitive market cannot happen simply by deregulation, federal anti-trust enforcement or state restructuring laws. Congress must include provisions in federal restructuring legislation to: Foster independent control of broad regional transmission networks to facilitah,, competitive markets. As long as incumbent utilities retain control of both generation and transmission, they will have the opportunity to exercise market power. For example, Cynergy, an Ohio-based utility, recently broke North American Electric Reliability CNERC) rules to draw cheaper electricity off the grid. Without an independent entity to guard against such market power manipulation, such behavior will on!y increase. Strong RTOs will prevent utilities from compromising reliability for their own financial gain. Prevent dominant generators from stifling competition and raising consumer prices. Last year, Northern California learned first hand what can happen if too few generators control output. In July, prices for ancillary services skyrocketed 3500 percent because only four companies dominated this niche market. With such market power, generators can lock competitors out and charge whatever they like. Provide timely and thorough review of all utility mergers to assess their competitive impact. Utilities are merging at an unprecedented rate. As mentioned above, an EIA study indicates that 20 companies will control 75 percent of the nation's generation. NCPA believes that mergers should be reviewed carefully and thoroughly to assure that such mergers do not create, exacerbate, or maintain market power in any relevant geographic, product or service market. Mergers must be assessed for their competitive impact since the goal of restructuring is to foster competition not massive consolidation. Suvoort the Markey Amendment. During the Subcommittee on Energy & Power's mark-up of H.R. 2944, Representative Ed Markey introduced an amendment that would address all of the provisions needed for effective competition in the wholesale electric market. The amendment closely mirrored language developed by Consumers for Fair Competition, a coalition of consumers, utilities, power marketers, environmentalists, and others working for fair rules for the competitive transition. NCPA urges you to support such provisions in any federal restructuring package. Page 2 of 3 Conclusion NCPA recognized early on that, if electric restructuring was to be successful, Congress must play a significant role. During the debate in our state, parties agreed that market structure concerns were critical to a thriving national electricity market. These concerns, however, are beyond the jurisdiction of state legislatures and public utility commissions. Federal action is necessary to facilitate state restructuring efforts and usher in a nationally competitive electric market. Effective, sustainable competition will not automatically emerge by simply relaxing or eliminating regulation. All that produces are unregulated monopolies. In order to achieve the intended benefits of competition, steps must be taken to ensure consumers have real choices, competitors can enter the market, and market success is determined by efficiency - not predetermined by unearned advantages. For these reasons NCPA supports comprehensive federal restructuring. Page 3 of 3 ISSUE: SUPPORT THE BOND FAIRNESS & PROTECTION ACT (S. 386/H.R. 721) What is the problem ? Traditionally, publicly owned utilities have used tax-exempt bonds to finance generation, distribution and transmission projects. The 1986 tax law- restricted the use of these facilities based upon their tax-exempt financing. Violating the private use restrictions could cause the bonds to lose their tax-exempt status and impose a retroactive tax liability on the bondholders. While many of the state's public utilities are prepared to participate in California's ISO and restructured electric market, private use restrictions prevent their doing so. Failure to address private use restrictions creates unnecessary transmission constraints, diminishes "green power" oppommities and diminishes the overall reliability of the electric system. The net effect is harm to consumers and the still emerging competitive market. Transmission Constraints' Municipal utilities own 55 percent of the California intertie capacity. - the facilities used for importing electricity from the Pacific Northwest. In addition, municipal utilities own 35% of the total high-voltage transmission capacity within the state. While the private utilities in California have transferred operational control of their transmission assets to an independent system operator (ISO) to ensure the competitivelv neutral use of these assets, municipal electric utility have not similarly transferred their transmission to ISO in large part due to existing private use restrictions. "Green Power": Most of NCPA's generation resources are renewable resources that meet the "green marketing" requirements of the California restructuring statute. Private use restrictions severely limit sales NCPA can make to marketers and others seeking to serve this niche market. Consequently, NCPA's renewable plants are underutilized - increasing the potential stranded cost and threatening the financial health of NCPA's member municipal utilities - and the emerging renewable energy market is inadequately served. ReliabiliW: NCPA owns five combustion turbines that were built to provide operating reserves needed to ensure system reliability. NCPA's combustion turbines meet the requirements for "must mn" designation. However, such designation and operation of these facilities by the ISO would violate existing private use restrictions. Consequently, NCPA is considering shutting down these facilities for economic reasons and the reliability of the system in the East Bay and Sacramento region could suffer. What is the status of the Bond Fairness & Protection Act? Over 105 House Members and 33 Senators have cosponsored this important legislation (H.R. 721/S. 386). Although one hearing has been held on the legislation in the Senate Finance Committee, no other action has been taken at this time. What can Congress do the help NCPA and its members ? NCPA urges cosponsorship of the "Bond Fairness & Protection Act," and thanks those in the delegation that have already signed on to this important legislation. Contacts with the House Ways & Means Committee and the Senate Finance Committee, supporting prompt action, are needed. Page 1 of I THE BOND FAIRNESS & PROTECTION ACT H.R. 721/S. 386 Background As a result of current private use restrictions, public power systems in Califomia still do not participate fully in the competitive market, consumer choice is limited, reliability is threatened, and the market in our state is unnecessarily constrained. In 1999, legislators in both the House and Senate recognized that these private use restrictions could stall competition for millions of consumers. Subsequently, the Bond Fairness and Protection Act (S. 386/H.R. 721) was introduced in both Houses. The bill allows communities with municipal utilities two choices: First, the community may continue to operate under existing tax laws and regulation- private use restrictions would apply to outstanding bonds and utilities could issue tax- exempt bond for new facilities; and Second, if the community feels their utility needs relief from the private use restrictions, they can opt for full grandfathering of their outstanding debt if they exercise an "irrevocable termination election" that would permanently eliminate their ability to issue tax-exempt debt to build new generation facilities.' Under this election, utilities could only use tax-exempt bonds to refinance existing tax-exempt debt, make repairs to existing facilities, and finance pollution control equipment. If, however, the system also opens its transmission and distribution facilities to competition, the utility may continue to issue tax-exempt debt for transmission and distribution. The Senate Finance Committee held a hearing on S. 386 in the fall of 1999. Conclusion Private use relief is one of the issues in the utility restructuring debate that only the federal government can correct. Without it, even though the states are moving forward, municipal utilities cannot participate fully in the competitive market. Page ;l. of 2 ISSUE: PG&E HYDRO ELECTRIC DIVESTITURE What is the problem ? Pacific Gas & Electric Company (PG&E), as part of its restructuring, initially proposed to transfer all of its hydro assets, including 65 FERC-licensed powerhouses and three exempt powerhouses, directly to its non-regulated division. In 1999, PG&E changed its position and now seeks to auction virtually all of its hydroelectric projects, representing almost 4,000 MW. For auction purposes, PG&E has divided the licenses into five watersheds comprised of 20 smaller "asset bundles" (see Attachment); and it proposes to allow bidding on both a watershed and asset-bundle basis. It has asked the California Public Utility Commission (CPUC) to allow PG&E's non-regulated division to participate in the auction under terms that would give it a su~nanc~al advantage over other bidders. Problem 1' Market Power. A recent California Independent System Operator (CAISO) Market Surveillance Committee report recommends that PG&E be precluded from bidding for the hydro assets in order to avoid the market power represented by PG&E's ownership of so much generation. - At present, the California ancillary power market is far from competitive, and domination of these hydro assets could give their owner the power to manipulate prices in that market. Such market power can lead to extreme price spikes, distort the market, cost electricity consumers excessive dollars, and destabilize the CAISO. The Federal Energy Regulatory Commission (FERC) recently approved a one-year purchase price cap for the CAISO. Once the cap is gone, however, there will be no ceiling on how high prices may go in times of scarcity, or as a routine matter. Failure of existing ISOs greatly jeopardizes the future success of regional transmission organizations (RTOs) and federal restructuring legislation. Problem 2: No Local Option to Purchase Project. PG&E's proposed auction rules would preclude communities with an interest in preserving their current water resource arrangements -- including water supply, environmental quality, and recreation uses -- from bidding to acquire local projects. A change in the ownership of PG&E's hydro projects -- particularly ownership gained by a high purchase price -- could adversely affect present water conditions on which local communities rely and could preclude local participation as to the future use of these water resources. Page I of 2 Problem 3: Development of Fair Rules to Govern the Dispensation of Assets. PG&E proposes a price-only auction based on asset bundles that are too large for most local communities to consider buying. Most local communities could not realistically bid on an entire watershed, or even on one of PG&E's asset-bundles, which often consist of more than one powerhouse. PG&E's proposed timing and bidder-qualification rules would effectively preclude local communities from participating in the auction, because they penalize public entities for the procedures they must follow to obtain financing. ' Anyone seeking information from PG&E to develop a bid will be precluded from competing for the project at the time of its license expiration, for five years. (It's not clear if PG&E will agree not to compete for projects with expiring licenses it sells.) Moreover, PG&E's secrecy rules may prevent some public entities from participating in the auction. What is the status of the PG&E's Proposal? The PG&E proposal is currently before the CPUC, in its initial stages. PG&E hopes to get CPUC approval to conduct the auction in 2000. After the auction is held, PG&E will ask FERC for permission to transfer the projects to the winner(s) of the auction. What can Congress do to help NCPA and its members ? Congress needs to be aware that current federal policy, as interpreted by FERC, does not include consideration of the need for a local option to purchase a hydro ~roject to protect a community's vital infrastructure. Moreover, FERC only sometimes subjects a transfer to a strict market power test. Laissez-faire is not a proper attitude when almost 4,000 MW of hydro generation and five watersheds are at stake. The law allows FERC and the Department of Energy (DOE) to do more. Congress should tell FERC and DOE to use the full extent of their present authority to examine transfers of hydro licenses and generation assets in the public interest, and to condition those transfers if they do not satisfy the public interest standard. Congress should rewrite the Federal Power Act's hydro relicensing provision to remove the de facto preference for existing licensees. PG&E and other privately owned utilities argued for such a preference because they claimed all their power from hydro projects was used for their retail customers at original cost. Under retail competition, PG&E and many other utilities no longer have the obligation to supply generation to their retail customers. PG&E's auction and disposal of its licenses should wipe out any preference PG&E and other privately owned systems obtained under the Electric Consumers Protection Act (ECPA). To permit a preference in favor of these incumbents as FERC uniformly does, is to ignore the realities of electric utility restructuring. The continuation of this policy will result in higher prices for consumers and a disincentive for local communities to compete for licenses that are expiring. Page 2 of 2 PG&E's DIVESTITURE OF HYDRO ASSETS AND FERC POLICY ON HYDRO LICENSE TRANSFERS Background Pacific Gas and Electric Company (PG&E), as part of its restructuring, now proposes to auction 68 powerhouses almost all of which are held under various the Federal Energy Regulatory Commission (FERC) licenses. Some of these licenses have been expired for over 25 years, and the projects have been held by PG&E under annual licenses; others will soon be expiring (within the next five years); and others have recently been relicensed and have licenses for the next 20-30 years. The five watersheds in which PG&E's 68 powerhouses are dispersed have a capacity of almost 4,000 MW and extend over northern and central California. One project, Helms, has a capacity in excess of 1,000 MW. The value of these projects is variously estimated at between $3-5 billion. In some cases, PG&E owns both the non-consumptive and consumptive water rights. - According to the rules for the auction recently proposed by PG&E (September 1999), the projects may be bid for in watersheds or in "asset-bundles" that often consist of more than one powerhouse. This means that there often will be no local option exercisable for an individual powerhouse within a watershed. Other rules preclude competing for the relicensing of the projects if their licenses expire, in the five years following the auction. PG&E would be allowed to bid for some or all of the watersheds and asset bundles. The matter of PG&E's auction is presently before the California Public Utilities Commission (CPUC). The Market Surveillance Committee of the California Independent System Operator (CAISO) reported that the retention of the hydro project licenses by PG&E would constitute a continuation of market power by PG&E and should not be allowed. Instead, the Committee suggests that the projects be transferred to non-generation- owning entities. After the auction is conducted, FERC must approve any transfers. In general, FERC regards transfers as a ministerial act although the Federal Power Act charges FERC to approve transfers in the public interest. Page 1 of.3 Better coordination is needed between the CPUC and FERC to protect local communities and electricity consumers. Both the CPUC and FERC need to be aware of delays and confusion likely to arise if they do not coordinate their review of PG&E's proposed divestiture and the auctioning off' of 68 hydro powerhouses with a capacity of approximately 4,000 MW. Both agencies should determine at the outset whether PG&E's rules of the auction should be applied, or whether the rules should be changed before the auction takes place. For example, should PG&E be allowed to bid for all or some of the projects? Second, should individual communities be allowed to bid for (and win) a single project critical to their communities for water and related needs, or to match a bid for any given single project? Finally, should the rules of the auction be modified to eliminate the five-year prohibition against participants in the auction process competing for other, PG&E project licenses that are expiring? Local option needs to be preserved to protect communities who wish to continue their current mode of operations or want a part in the future operations. Market power is and should be a concern to those interested in a competitive retail market. If PG&E is allowed to win all the projects, its monopoly will continue, but without the usual regulatory protections for the consumer. If other privately owned entities are allowed to share PG&E's market power, it is clear that their incentives will be to recover their high prices and to that end, extend their market power to do so. The resulting volatility of prices and price spikes will also tend to destabilize the ISO at a time when key questions about open market, access, and reliability are to be resolved by the ISO. Currently, most FERC licensees are regulated utilities and maintain their books of account according to the Uniform System of Accounts. This assures that the federal government has a consistent, understandable and audited version of the costs of operating a project as well as an appreciation of the transfer price at the end of the license term. So does the public. Because the Federal Power Act provides for the offset of excess profits against the ultimate transfer price to the federal government if it exercises the option to recapture, there is a responsibility on the par[. of the licensee to maintain these records. If PG&E transfers the projects to a new licensee, it is not clear that the new licensee can reproduce PG&E's records at the time of the license expiration and provide the required information for the federal government. Absent this information, the federal government may not be able to make an informed decision; nor can the public, in general, know the value of competing for the projects as they expire. Page 2 of ~ Conclusion The falling waters of this Nation that are licensed to privately owned utilities belong to the people. The public interest in their use should be recognized by_ FERC prior to their transfer. The example in California of PG&E's transfer of almost 4,000 MW of hydro projects with the ability to exert market power is notable, but the situation is not an isolated one. FERC needs to examine transfers more carefully to make sure that local options are retained when the licenses are being transferred as part of electric utility restructuring. > FERC needs to make certain that the state-adopted rules governing the dispensation of licenses and assets are consistent with the provisions and intent of federal law. FERC needs to protect the integrity of future relicensing proceedings. Both the federal government and the public should be advised in advance of the the hydro electric projects subject to relicensing. Only by knowing what the transfer price is ahead of time can the federal government know if it should exercise its option to recapture -- or can a community or other individual know whether to compete in an expensive relicensing process. FERC's authority to require adherence to the accounting regulations for FERC licensees needs to be exercised to provide accurate information to allow critical decisions to be made about relicensing. To continue to assure the use of the Nation's hydro electric resources in the public interest and in the comprehensive development of the Nation's waterways, Congress should eliminate the preference for incumbent licensees in the Electric (;oy~;~'~ers Protection Act, where the incumbent no longer has the responsibility to supply the ultimate consumers' power supply under retail electricity competition. Key Legislative Points The use (both present and future) of the waterways of central and northern California are important to NCPA and its member communities, for not only power but also for recreation, water supply, and aesthetics. Absent emphasis by Congress on the public interest responsibilities of the federal agencies assigned to approve the transfers of these licenses, the individual communities and consumers may lose the protection intended by statute. The present policies of FERC in approving transfers of licenses do not always take into consideration local needs. Page 3 of.~ ISSUE' TRINITY RIVER ENVIRONMENTAL IMPACT STATEMENT (ElS/R) What is the problem ? NCPA's members have relied on electricity generation from the Trinity River Division (TRD) of the Central Valley Project (CVP) since 1963. In October 1999, the U.S. Fish and Wildlife Service (FWS), the U.S. Bureau of Reclamation, the Hoopa Valley Tribe, and the County of Trinity, California released an EIS/R to fundamentally change the operations of the Trinity Dam with a goal of restoring fish habitat and a consequence of increasing consumer costs for electricity. NCPA agrees with the goal of restoring fisheries habitat, but the EIS/R's preferred alternative would reduce TRD's hydropower generation by half, exacerbate water supply shortages in the CVP area and result in adverse impacts on fishery resources in the Sacramento River and the Sacramento - San Joaquin Delta. The cost increase to electricity consumers ranges from at least $5 million to perhaps more than $10 million per year depending on different flow regimes. The EIS/R's preferred alternative aims to restore and maintain fishery habitat over the long- term by relying almost solely on increased water flows, which causes unnecessary economic impacts to other beneficiaries of the water. The comment period on the EIS/R closed January 20, 2000. What is being done to lessen the EIS/R's impacts ? To help avoid these significant and unnecessary detrimental impacts, NCPA is working to modify, mitigate and refine the EIS/R to accomplish the habitat restoration goals with less impact on power users. NCPA is working with a bipartisan coalition of Congressional Members and Senators representing the electricity consumers affected by the EIS/R, to help resolve the differences over fishery restoration and economic impacts. NCPA has been working with other affected and interested parties to ensure that the Secretary of Interior is aware of the implications of this decision. Who else supports modification to the ElS~R? The CVP water users who depend on water from TRD, support modifying the EIS/R to reflect better science. A bipartisan delegation of Congressional Members representing parts of Northern and Central California asked for an extension of the EIS/R's comment period to help remedy disagreements on the EIS/R. (See Appendix lA) NCPA urges you to support our efforts to get the U.S. Fish and Wildlife Service and other parties to modify the EIS/R. Page I of 1 TRINITY RIVER ENVIRONMENTAL IMPACT STATEMENT/REPORT (ElS/R) Background Construction of the Trinity River Division (TRD) of the Central Valley Project (CVP) was completed in 1963. The primary function of the TRD is to store Trinity River water for regulated diversion to the Central Valley of California for agricultural, municipal and industrial uses and to generate electricity. The TRD is one of the CVP's 11 hydroelectric projects. Overall, the CVP provides electricity to 21 federal installations, 18 irrigation and water districts, 13 municipal utilities. 9 state agencies and 8 public utility districts. (~dl CVP customers affected by the Trinity River EIS/R are listed in Appendix lB.) In response to declining salmon and steelhead fisheries, the U.S. Fish and Wildlife Service was directed to undertake a Flow Evaluation Study to assess fish habitat in the Trinity River. This Flow Evaluation Study began in October 1984 and was completed in June 1999. The resulting EIS/R issued in October 1999 includes several different actions intended to restore the natural production of salmon and steelhead in the Trinity River. The proposed actions identified as being preferred by the EIS/R's lead agencies rely on large increases of water flows from the Trinity River to Lewiston Dam and Reservoir to restore and enhance instream habitat conditions. The lead agencies believe that larger flow increases will enhance habitat through channel bed scouring and will provide optimal ~vater temperature and physical habitat for salmon and steelhead. The EIS/R is flawed in several ways: The document assumes that increasing flows will create a healthy river and result in enhanced fishery production. Lacking are documentation of the amount of spawning habitat needed, the practicality of creating this amount of habitat or any meaningful consideration of the role of fish harvest or hatchery operations. Page 1 of 2 Also lacking are viable alternatives to increased flow, such as non-flow habitat restoration and maintenance (i.e., channel modification, ongoing mechanical removal of excess silt and cobble and mechanical vegetation control.) Mechanical habitat restoration and maintenance has been used successfully in similar conditions. These flaws will result in substantial costs to NCPA's members and, ultimately, their consumers. See Appendix 1C for affect on NCPA's members. Conclusion NCPA supports the goal of restoring Trinity River's habitat to increase natural production of salmon and steelhead. However, NCPA believes that this goal can be achieved without the adverse impacts to other beneficial uses on the river that are certain to occur if EIS/R is implemented as proposed. Key Legislative Points Modification of the EIS/R is required to mitigate adverse impacts on electricity consumers. Congressional support to help resolve differences over the EIS/R has been instrumental. Continued support and presentation of the facts is needed even though the comment period closed on January 20, 2000. Page 2 of 2 ISSUE: FEDERAL GEOTHERMAL STEAM ROYALTIES What is the problem ? NCPA generates electricity at the Geysers Plant using steam produced from federal lands in Lake and Sonoma Counties in California. Royalties for using the steam are paid to the Minerals Management Service (MMS) at the Department of Interior. The MMS has begun a formal proceeding that could result in higher steam royalty payments for NCPA in response to some local government concerns over the current royalty calculations. NCPA currently uses MMS's "Netback" method to calculate steam royalties owed to the federal government. Under this royalty scheme, NCPA now pays MMS approximately $1 million annually, compared to the previous royalty calculation of $5 million per year for its portion of the Geysers plant. However, over the next 20 years, the Netback method would ultimately yield more funds for the U.S. Treasury than the previous royalty calculation should electricity prices rise as predicted. Local government jurisdictions containing the federal geothermal facilities historically have received a portion of these royalties from the federal government. Due to NCPA's lower royalty payments under the Netback method, some local governments are concerned that lower royalties will yield less revenues for county consumption, particularly over the next 10 years. Lake County has witnessed a reduction of 75 percent of its share of federal steam royalties due to NCPA's lower royalty payments at the Geysers. Concerned with this loss of revenue, Lake County has appealed to its Congressional Representative, Mike Thompson (D-Healdsburg and Ukiah). Rep. Thompson has effectively pushed MMS into opening a formal proceeding. NCPA is concerned that a new, different royalty calculation methodology could cause royalty payments to be so high as to render the Geysers plant uneconomical. In response to MMS's formal proceeding, NCPA has proposed a constant royalty payment scheme which "front-loads" projected royalty payments into an additional $2.2 million for Lake County over the next 5 years. Page I of 2 FEDERAL GEOTHERMAL STEAM ROYALTIES Background In March 1999, MMS procedures allowed NCPA a formal in methodology for calculating steam royalties on federal lands in the Geysers. Known as the Netback method, this effectively reduced NCPA's annual steam royalties to $1 million (from previous years of $5 million annually). NCPA and other steam users have been able to switch to the Netback method because the restructured electricity market in California has brought about an arms-length benchmark electricity price with which to calculate royalty payments. This reduction of federal lease payments cascaded down to local and state agencies that receive a portion of NCPA's royalty from the MMS. The most impacted - and the most vocal - has been Lake County, California. Lake County estimated that it will lose 50-95 percent of its previous royalties payments under the Netback method. Lake County will lose $400,000 of its $104.5 million budget (or .5 of 1 percent of its FY99-00 budget.) According to Lake County's FY99-00 budget, geothermal impact funds would have been used to support improvements to the county's parks. Lake County then sought and received congressional intervention from its Rep. Mike Thompson. In a July 30, 1999, letter to Interior Secretary Bruce Babbitt, Thompson, Senators Dianne Feinstein and Barbara Boxer and other members of the California congressional delegation requested a revisitation of the Netback method. (See Appendix 2A for congressional letter.) On August 19, 1999, the MMS published an Advance Notice of Proposed Rulemaking that raised questions about the need to administratively amend the Netback method. The Geothermal Energy Association - including NCPA - is now working to respond to MMS and to address Representative Thompson's and Lake County concerns while keeping royalty rates relatively lower than in previous years. In that vein, NCPA has recently proposed a constant royalty percentage which would "front-load" a portion of the .Netback payments over the next 5 years. Specifically, this formula is based on: Page ! of 2 The anticipated Netback payments over the next 20 years adjusted for steam decline and cost of power; NCPA would pay about 20 percent more to Lake County than the average Netback payments for the next 5 years, resulting in an additional $2.2 million over that time period; and The change would take place as soon as possible, but not before the MMS drops its formal proceeding. Conclusion The Netback royalty method has come under intense political and regulatory scrutiny due to significant outcry from some local governments. Returning to the old methodology of calculating steam royalties could result in the premature closure of the renewable Geysers Geothermal Energy Plant. NCPA is leading the way to satisfy both local government and congressional concerns while retaining lower royalty payments. Key l-egislative/Regulatory Points NCPA urges MMS to reconsider its formal proceeding on the Netback method and consider NCPA's front-loading mechanism to benefit Lake County, California. Rendering the Geysers plant uneconomical and forcing its closure would eliminate the benefits of all of its royalty payments to federal, state and local governments and would deprive California of an important renewable energy resource. Page 2 of 2 PURCHASE POWER & WHEELING FUNDING Background/Problem NCPA's members receive federal power through the Central Valley Project (CVP), which is operated by the Western Area Power Administration (Western) to fulfill its power function. Current law authorizes federal appropriations to Western for purchasing and wheeling this power to NCPA's members in accordance with existing contracts. Similar arrangements exist with customers of other Power Marketing Administrations. These federal appropriations are repaid to the federal Treasury through the sale of electricity to Western's customers, thus there is no net cost to the federal government. However, the federal government's budget rules penalize the Department of Energy by charging it with the expenditure (for purchase power and wheeling) but not crediting it with the receipts derived from electricity sales. This makes it appear that there is a net budget loss, rather than an expenditure cancelled by an equal receipt. An annual federal appropriation has been necessary so that funds are available for Westem to honor its contractual obligations as well as to optimize hydro-based resources that are subject to weather extremes in order to deliver electric power to NCPA's members. However, the Clinton Administration's Fiscal Year (FY) 2000 budget for the Department of Energy recommended the elimination of the federal purchase power and wheeling authority and funding. To restore authority and funding, NCPA worked closely with the American Public Power Association and sympathetic members of Congress and the Senate during last fall's appropriations process with initial mixed results. The Senate Energy and Water Appropriations Subcommittee fully funded purchase power and wheeling funding and authority while its House counterpart did not give authority and funding for purchase power and wheeling. The Energy and Water Appropriations conference committee later restored the authority and funding at the last minute. As part of this restoration and under good faith efforts that reflected existing alternative financing arrangements with Western, NCPA agreed to a $12 million reduction in funding for CVP-related purchase power and wheeling functions while the rest of the other purchase power and wheeling accounts in other PMA's were fully restored. Page 1 of 2 Although NCPA is working to avoid another appropriations battle during the upcoming congressional session by amending its purchase power and wheeling contracts with Westem, efforts are underway by the Administration and some in Congress to fix the budget government's budget scoring guidelines. Absent such a budgetary fix and a long-term contract fix with Westem, federal appropriations may be necessary for FY 2001 although acquiring such funding will be an uphill battle. The Administration is set to announce its FY 2001 budget request in February 2000. Indications are that a budgetary fix for purchase power and wheeling will be included in this budget. Conclusion Western's purchase power and wheeling function is important to NCPA's members and consumers. NCPA has to amend its contracts with Western or federal budgetary rules must be cha.t~ged to continue the value of purchase power and wheeling of CVP power and to avoid another appropriations showdown. Key Legislative/Regulatory Points Support the budgetary fix should it be included in the President's FY 2001 budget request. Support amending contracts with Western to give customers the flexibility to advance funding for Western's purchase power and wheeling function. Barfing these two solutions, federal appropriations should be made to carry out the purchase power and wheeling function. Page 2 of 2 PURCHASE POWER AND WHEELING FUNDS RESTORED! THANK YOU!- THANK YOU!- THANK YOU! In early 1999, the Clinton Administration failed to provide funding in the proposed FY 99-00 Budget for the Purchased Power and Wheeling (PP&W) program of the power marketing administration (PMA) of the Department of Energy. The PP&W program is reimbursed 100 percent by PMA customers, but a congressional appropriation was necessary to permit the PP&W program to be utilized to supplement generation output from federal facility. The Central Valley Project (CVP) power customers are especially dependent on having the Western Area Power Administration supplement the output of CVP facilities by means of the PP&W program, and would have been damaged significantly by abrupt termination of the PP&W program. When we informed the California congressional delegation of the damage caused by the lack of appropriation, excellent leadership and support as recruited from the following officials: Senator Dianne Feinstein Senator Barbara Boxer Representative Barbara Lee Representative Wally Herger Representative Doug Ose Representative Mike Thompson Representative Richard Pombo Representative Lois Capps Representative Tom Campbell Representative John T. Doolittle Representative Anna Eshoo Representative Gary Condit In addition, numerous staff members provided invaluable assistance in correcting the initial problem and ultimately obtaining a full appropriation for the FY 99-00 budget. No appropriation for PP&W is being requested for FY 00-01 because the customers have agreed to fund the program expenditures in advance. The extremely low rainfall and snowfall in the Sierra, so far this winter, has made the assistance of congressional members and staff especially important and we are very appreciative. The PP&W program has performed exactly as it was designed and the customers will reimburse all expenses. THANK YOU!- THANK YOU!- THANK YOU! Page 1 of 1 ITEM NO, 7f DATE: March 15, 2000 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION OF AB483, BILLBOARD REMOVAL- COUNCILMEMBER BALDWIN Councilmember Phil Baldwin requested that AB483 regarding reimbursement for billboard removal, be agendized for Council discussion. If passed, the Bill would have deleted the section of state law that required local governments to fully compensate billboard companies for the complete value of billboards that are removed even if they have been amortized. Unfortunately, current law is one of the most expensive billboard reimbursement mandates in the nation. Even though the Bill failed passage in the Assembly, the League of California Cities is recommending all local governments inform their citizenry of the issues at stake. Seventeen years ago, the City of Ukiah passed an ordinance that prohibited billboards within the City limits, and all billboards along Highway 101 were removed by 1986. A similar law has not been passed in the County area and there are billboards along Highway 101, both to the north and south of Ukiah. Councilmember Baldwin will introduce this item for Council discussion. RECOMMENDED ACTION: Discussion of AB483, Billboard Removal, and possible direction to staff. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Citizen Advised: Requested by: Prepared by: Attachments: N/A Councilmember Phil Baldwin Candace Horsley, City Manager 1. Overview of AB483 Candace horsley, Cit~ Manager 4/Can.ASRAB483.300 ........... LEGISLATIVE ACTIVITIES HOUSING AND LAND USE 1) AB 483 (Wildman). Billboard Removal: Amortization. League Position: Support Bill Status: Failed Passage in Assembly Governmental Organization Committee Update: AB 483 was heard in the Assembly Governmental Organization Committee on Monday, January 10. The billboard lobbyists were out in full force. It became clear that there were not sufficient votes to pass the bill, which would have allowed local governments to remove billboards through amortization programs. However, support witnesses for the bill from the Cities of Oceanside and Stockton, the County of Riverside, the American Planning Association, the California Redevelopment Association, and the League were given significant time by the committee to outline the problems faced by communities in removing billboards. Several committee members suggested alternate ways of approaching the topic such as imposing caps on the life of a billboard. Assembly Member Wildman has committed to start a working group on the issue to identify potential improvements to the law and perhaps insert them into legislation later in the year. At the hearing, it was also clear that cities need to do a better job of educating their legislators locally about the problems and excessive costs the current law imposes on public agencies who seek to remove billboards. Let's do it! If your city has experienced problems with billboard removal, then you need to take the following actions to help build the legislative support for a comprehensive fix. Send a letter to your Assembly Member and Senator outlining specific costs and issues with billboard removal in your community. Send a copy of this letter to both the League and Assembly Member Wildman. Take your legislators or their district staff on a tour of problem billboards and stress the potential costs you face attempting to remove them for road widening, redevelopment, neighborhood improvements, and other projects. Make sure they understand that California law--a product of the billboard lobby-requires compensation far beyond what is typically required by the federal courts and in other states. Ask for their support for making productive changes to the law. (Referred to previously carriggd~cacities.org] in Bulletin #11-99.) [League Staff: Daniel Carrigg, #4 5 1/28/00 League Position: Under Review; Opposition Anticipated Bill Status: Pending Assignment to Committee Action: Review and Send Letters. What the Bills Do: Both AB 1216 and AB 1159 would permit smoking in bars, ~ming clubs and taverns if certain conditions are met. AB 1216 does not preempt local authority to regulate smoking in these arms, including a total prohibition. AB 1159 appears to preempt such authority. However, the author's office has informed the League that it is not their intent to preempt local authority and that they will amend the bill to remedy the situation. The League has provided the author's office with language to do just that. Background: Existing law in California, Labor Code Section 6404.5, prohibits smoking in most enclosed places of employment. The smoking prohibition was phased in over time and on January 1, 1998, smoking was prohibited in bars, taverns and gaming club areas. Last year, several legislative attempts to repeal the smoking ban in bars failed. A[ 12.16 and AB 1159 are the latest legislative efforts to permit smoking ban in bars, taverns and gaming clubs. The League is reviewing the specific language of each bill to determine its effect. We anticipate that the League will oppose both bills, consistent with past League positions on similar bills. Interested cities should review AB 1216 and AB 1159 and send their letters to the authors and the League. Once the bills have been assigned to committees, we wil! notify cities in the Bulletin. Copies of AB 1216 and AB 1159 are available on CITYLINK 2000 or by contacting the State Capitol Bill Room at 916/445-2323. [League Staff: Yvonne Hunter] 4. AB 483 (Wildman). Outdoor Advertising: Removal. League Position: Support Bill Status: Assembly Governmental Organization Committee; No Date Set Action: Send Support Letters to Members of Above Committee and the Assembly Judiciary Committee What the Bill Does: Deletes the requirement in state law which requires local governments to fully compensate billboard companies for complete value of billboards which are removed, even if they have been amortized. Reasons for the League's Position: The League supports the ability of cities to regulate billboards and other signage. Background: California law contains some of the most comprehensive protections in the nation against local government billboard removal programs. Billboard removal is a takings issue involving the question of whether or not local regulation requiring the removal of a billboard constitutes a "taking" of the billboard owner's property, requiring compensation under the takings clause of the Fifth Amendment. A series of court decisions across the nation have upheld the validity of local amortization programs, which require removal of billboards after four, five and seven-year periods, without requiring compensation. In California, local government billboard removal efforts are preempted by state law which requires full compensation even if there are amortization programs. This bill will obviously be hotly contested, and may be amended in various ways. Cities with concerns regarding billboards, should support this effort to return local authority to enact amortization programs. Letters should contain specific local examples of billboard problems, as well as the levels of compensation demanded by billboard companie: for their removal. Known Support: The League. Known Opposition: No letters yet, but billboard companies are sure to oppose. (See Committee membership after Legislative Activities in this Bulletin.) [League Staff: Dan Carri_~g_] 5. S.B 177 (Peace). Public Utilities. Eminent Domain. League Position: Support 4ofll 02/17/00 09:50:4 (:DF. iI~LETE BILL HISTORY http :i/tofo.sen.ca. gow pu'>~bt'./j asmJ a'~_9,:.5.1.-9590,'ab_,'.g3_'>fi_2t~OOO2Og_i~storv, hun BILL NUM, E, ER : A.B. No. 483 AUTHCR : Wildman TCP!C : Cutdoor advertising displays: removal compensation: exemptions. TYPE OF BILL : Inactive Non-Urgency Non-Appropriations Majority Vote Required Non-State-Mandated Local Program Non-Fiscal Non-Tax Levy BILL HISTORY 2000 Feb. 3 From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. Died pursuant to Art. IV, Sec. 10(c) of the Constitution. Jan. 10 Re-referred to Com. on G.O. In committee: Set, second hearing. Hearing canceled at the request of author. Jan. 4 From committee chair, with author's amendments: Amend, and re-refer to Com. on G.O. Read second time and amended. 1999 Apr. 27 In committee: Set, first hearing. Hearing canceled at the request of author. Mar. 1 Referred to Coms. on G.O. and JUD. Feb. 19 From printer. May be heard in committee March 21. Feb. 18 Read first time. To print. 1 ofl 02/17/00 09:44:4. AB 483 Page 1 Date of Hearing: January 10, 2000 ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION Herb Wesson, Chair AB 483 (Wildman) - As Amended: January 3, 2000 SUBJECT : Outdoor Advertising SUMMARY : Expands the authoritv of local governments to use amortization as a method to remove unwanted billboards. Specifically, this bill : 1. Authorizes "other public agencies" to require the removal of an outdoor advertising display according to an amortization schedule but without additional compensation. 1. Provides that a city, county, or other public agency may require the removal of a display subject to an amortization schedule if the following requirements are met: a. The display is immediately adjacent to a residential area, is located in a Community Redevelopment Area, a Business Improvement District, or is part of the California Main Street Program; or b. The local agency makes findings, based on substantial evidence in the administrative record, that removal of the display is necessary to: i) expand, renovate, or repair existing roads, sidewalks or other infrastructure; or ii) remove or remediate environmental contaminants; or iii) install transit stops and rail rights of way in urban areas, business districts, and neighborhoods; or C. de The display is contiguous with an official state scenic highway; and Displays removed under the authority of this'bill meet other applicable provisions of law. EXISTING LAW 1)Prohibits government entities from requiring the removal of a lawfully erected advertising display without payment of compensation to the owner of the display and the owner of the land upon which the display is located. Cities and counties may require the removal of ar.. advertising dis]play without uompensation but subject to an aInortization schedule if the display is located in a residential neighborhood or on agricultural lands. 2)Declares that the policy of the state is to encourage local entities and display owners to enter into relocation agreements which allow local entities to continue development in a planned manner without expenditure of public funds while allowing the continued maintenance of private investment and a medium of public communication. FISCAL EFFECT : Unknown. COMMENTS : 1. Purpose of the bill . The author's office asserts that local agencies face substantial financial difficulties when they wish to remove a billboard from an inappropriate or undesired location. According to the author, these financial difficulties result from the requirement that local agencies fully compensate a billboard owner for the value of the billboard as well as the estimated income lost from the removed billboard over time. The author argues that the compensation for a billboard removal in California far exceeds the compensation requirements in other states and those required by federal law. 1. Background . Prior to 1980, local governments were given broad authority to regulate billboards. In response to an increasing number of local ordinances authorizing advertising display removals without compensation, the outdoor advertising industry brought legal actions against local governments based on the assertion that billboard removals constituted takings required to be justly compensated. Because of the complicated legal issues involved, litigation was extremely costly and led both sides to seek a legislative solution. In 1980, the Legislature passed and the Governor signed legislation that created the Governor's Outdoor Advertising Advisory Committee (Committee) to study and issue a report on the status of all laws, ordinances, and regulations affecting outdoor advertising, the impact of the laws on the state, the outdoor advertising industry, and local governments. The report issued by the Committee recommended the establishment of statewide standards for the removal of existing lawfully erected signs and offered four points to serve as guidance for legislative action. These points were described as "reasonable compromise[s] between the positions advanced by local government and the industry": Se That outdoor advertising is an appropriate use in commercial and industrial areas, subject to reasonable local controls; b. That state controls over outdoor advertising should be kept to a minimum and that new state legislation should deal exclusively with the establishment of uniform removal criteria; C. That signs in commercial and industrial areas can only be removed with payment of just compensation; but that relocation should be encouraged in lieu of compensation; and That signs in residential and agricultural areas can be removed without compensation provided that an amortization period is provided on a basis consistent with statewide standards. The compromise resulted in a new statute (Chapter 494, Statutes of 1982), which has not been substantially amended. 1. Amortization . One provision of the 1980 statute authorized cities and counties to "amortize" the removal of advertising displays in residential and agricultural areas. "Amortization" is the process where an advertising display is required to be removed after a period of time determined by the value of the sign. The more valuable a sign is, the longer it is allowed to remain standing. Once the amortization period concludes, the display must be removed without any further compensation. The theory behind amortization is that it permits sign owners to continue to collect revenue from a sign while at the same time providing a fixed date to remove an unwanted sign. Local governments have been traditional supporters of amortization because of its cost efficiency when compared to the costs associated with compensating display owners for the removal of unwanted signs. Local governments claim that amortization balances the public interest with the interest of sign owners because it neither requires the expenditure of exorbitant funds to remove or relocate billboards nor does it require an immediate loss of income for the display owner. Billboard owners, on the other hand, believe that the use of . amortization for the removal of advertising displays is unfair. They claim that in order to erect a billboard, a billboard owner is required to comply with all existing laws, pay for and obtain a legal permit, and pay significant expenses for construction of the display. To require the removal of a billboard without compensation, they assert, deprives the owner of the potential to earn future income and in no way compensates for the economic loss. 1. Just Compensation . Local governments have become frustrated in their attempts to remove or relocate unwanted signs. One reason for this frustration is that there is no prescribed method or formula in existing law to determine the value of ~n unwanted sign. The existing process requires negotiation between the display owner and local governments and may result in litigation when the two parties cannot come to an agreement on the value of a display. Most often, local governments claim that industry appraisals are too high and industry claims that local government appraisals are too low. This situation may be resolved if the state prescribed a formula or method of appraisal for the value of the sign. The author may wish to consider whether a prescribed appraisal process would resolve the objectives of this legislation without denying display owners just compensation for the economic losses associated with sign removal or relocation. Policy consideration . This bill would essentially eliminate the requirement that billboard and property owners be compensated for future losses associated with the removal of a billboard. The bill would instead authorize any local agency to order the removal of a billboard according to an amortization schedule already specified in existing law. Adopting this legislation would be a major shift in the long-standing state policy of compensating billboard owners for removal of advertising displays. REGISTERED SUPPORT / OPPOSITION : Support (January 4, 2000 version) California Redevelopment Association City of Agoura Hills City of Arroyo Grande City of Azusa City of National City City of Norwalk City of Rancho Mirage City of Redondo Beach League of California Cities Opposition __ California State Outdoor Advertising Association California Teamsters Public Affairs Council ~nalysis Prepared by : Richard Rios / G. O. / (916) 319-2531