The URL can be used to link to this page

Home My WebLink About2003-04-16 Packet CITY OF UKIAH CITY COUNCIL AGENDA Adjourned Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 April 16, 2003 6:30 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS a. April 28, 2003 is Workers Memorial Day in the City of Ukiah b. May 10, 2003 is NALC National Food Drive Day in Ukiah 1 PRESENTATIONS a. Presentation of "Employee of the Year" Awards by City Manager Horsley b. Presentation of the Mayor's Medal of Valor, Certificates for Bravery, and Other Commendations to Police Sergeant Marcus Young, Julian Covella, and Brett Schott Councilmembers Rodin, Baldwin, and Mayor Larson to Read Poems C, 5. APPROVAL OF MINUTES a. Regular Meeting Minutes of March 19, 2003 b. Special Meeting Minutes of April 2, 2003 Sm RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. m CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Approval of Disbursements for Month of March 2003 b. Rejection of Claim for Damages Received from Lynn Harris and Referral to Joint Powers Authority, Redwood Empire Municipal Insurance Fund c. Report of the Acquisition of Flexible Crack Sealant From Tri-American, Inc. in the Amount of $5,429.53 d. Award of Three-Year Contract to Applied Development Economics for Grant Consultant Services 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. Sm UNFINISHED BUSINESS a. Introduction of Ordinance Amending the City of Ukiah's Miscellaneous PERS Coverage Group Contract to 2.7% at 55 b. Adoption of Resolution Implementing the Paths, Open Space and Creeks Commission c. Possible Discussion Regarding Bilingual Services 10. NEW BUSINESS a. Approval of Letter of Support For The California Main Street Program and AB 1123 b. Discussion and Approval of Mendocino Solid Waste Management Authority (MSWMA) Annual Budget c. Authorization of Mayor to Execute a Member Agreement For Financing of Planning and Development Activities of Hydroelectric Project Number Two Relative to the Poe Hydroelectric Project d. Discussion and Possible Action Regarding Video-Taping and Televising City Council Meetings 11. COUNCIL REPORTS 12. CITY MANAGER/CITY CLERK/DIRECTOR REPORTS 13.CLOSED SESSION 14. ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. PR© LAMAT ON WHEREAS, every year many workers across America are injured or disabled by workplace injuries and occupational disease; and WHEREAS, strong safety and health protections, high employment standards, and the ~ elimination of perilous conditions should be guiding principles for each employer and employee; ~~and WHEREAS, the City of Ukiah strives to provide a safe work environment for its employees and has initiated many programs and procedures to reduce workplace injuries and ~ hazardous situations; and WHEREAS, all employers and employees are encouraged to rededicate themselves to improving safety and health in every American workplace; and WHEREAS, acknowledgment of these factors by recognizing those who have suffered ~ 1 fr°m w°rkplace injuries is a dramatic meth°d °f educating °ur c°mmunity ab°ut this issue' NOW, THEREFORE, I, Eric Larson, Mayor of the City of Ukiah, on behalf of my fellow City Councilmembers, Phil Baldwin, Roy Smith, Paul Andersen, and Mari Rodin, proclaim April 28, 2003 as ~ WORKERS MEMORIAL DAY IN THE CITY OF UKIAH ~ in recognition of workers killed, iniured, and disabled on the iob and inform all residents of the valley about the gathering at 5:30 P.M. at Alex Thomas Plaza on April 28 that is put on by the working men and women in Mendocino County to observe this special day. April 16, 2003 ,7"".~ .... ,, ~--~-,,,.j Eri~- Larson, l(/layor 38 PROCLAMATION . V~rftEREAS~ across America, in large cities andsmalltowns~ Ietter carriers traveltheir ' routes everyday throughout aII communities,, and WHEREAS, these men and women are I~eenly interested in the well-belng of their friends and neighbors and uniquel?aware of the hunger facing many families,, and WHEREAS, these individuals and the U.S. Postal Set,ce have embarl~ed on an ambitio us project to help feed the hungry through the ann ual JYationaIAssociatlon of Letter Carriers GVALC) Food Drivel and ~ V~I-IEREAS, postal customers simply leave food items in bags by their mailboxes on ,~.. .' ~ ~i!~?' the Food Drive day and when the city letter carrier delivers ma# that day the food is ~.~ coIlected~ tal~en bach to a postal station, then delivered to the local food ban~,, and t~¥.~'-' VVrHEREAS, what began as a p#otprogram in ten cities in 1991 has grown quicldy ~.~ into the largest one,day food collection in our nation. ~.. NO~, THEREFORE~ I, Eric Larson, ~ayor of the City of Uhiah, on behalf of my ~ fellow City Counc#members PhilBaldv~n, Roy Smith, PaulAndersen, andMari Rodin do * i' hereb?proclaim May lO~ 2003~ as JVALC JVA TIOIVAL FOOD DRIVE DA YIJV UKIAH ~..~:~, ~ and urge alI citizens to tahe part by placing a food donation by your ma# box on Saturday, (~) May 10 so your letter carrier can piclc it up and deIiver it to the Food Ban~. ~:!.~, Date: April 16. 2003 ~~~., Eric Larso~, Mayor 3b PROCLAMATION WHEREAS, the office of the Municipal Clerk, a time honored and vital part of local government, exists throughout the world; and WHEREAS, the office of the Municipal Clerk is the oldest among public servants; and WHEREAS, the office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels; and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and WHEREAS, the Municipal Clerk serves as the information center on functions of local government and community; and WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state province, county and international professional organizations; and WHEREAS, it is most appropriate that we recognize the accomplishments of the office of the Municipal Clerk. NOW, THEREFORE, I, Eric Larson, Mayor of the City of Ukiah, on behalf of my fellow City Councilmembers, Mari Rodin, Paul Andersen, Roy Smith, and Phil Baldwin, do recognize the week of April 27 through May 3, 2003, as Municipal Clerks Week, and further extend appreciation to our Municipal Clerk, Marie Ulvila, and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. Date: April 16, 2003 Eric Larson, Mayor 3c 1TEM NO: MEETING DATE: April 16, 2003 AGENDA SUMMARY REPORT SUB3ECT: PRESENTAT]~ON OF "EMPLOYEE OF THE YEAR" AWARDS BY CI'TY MANAGER HORSLEY City Manager Horsley will present the City of Ukiah's "Employee of the Year" awards to two distinguished employees. RECOMMENDED ACT]'ON: N/A ALTERNAT]:VE COUNC]:L POLTCY OPTI'ONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Shannon Riley, Executive Assistant Candace Horsley, City Manager None Approved: Candace Horsley, C~y~Manager 4:CAN/EmplYr.41603 AGENDA ITEM NO: 4b MEETING DATE: April 16, 2003 SUMMARY REPORT SUB3ECT: PRESENTATTON OF THE MAYOR'S MEDAL OF VALOR, CERTTFTCATES FOR BRAVERY, AND OTHER COMMENDATIONS TO POLTCE SERGEANT MARCUS YOUNG, .1ULTAN COVELLA, AND BRETT SCHO'n' In response to the extremely brave actions by Police Sergeant Marcus Young, Cadet Julian Covella, and Security Guard Brett Schott during the recent officer-involved shooting at Walmart, these individuals will receive special recognition by Mayor Larson, the American Legion, and others. RECOMMENDED ACTION: N/A ALTERNATi~VE COUNCTL POLICY OPTIONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Mayor Larson Shannon Riley, Executive Assistant Candace Horsley, City Manager, Commander Maxwell, American Legion Post 76 None Approved' '~.~.-3~~c-r,~, C-andace Horsley, ~ Manager 4:CAN/ASR. MedalsofValor.41603 MEMO Agenda Item: 5a TO: Honorable Mayor and City Councilmembers FROM: City Clerk Marie Ulvila SUBJECT: City Council Meeting Minutes: March 5, 2003 DATE: April 11,2003 Every attempt will be made to forward the Draft Minutes of the Regular Meeting of the City Council meeting held on March 19, 2003 for review by Monday, April 14, 2003. Memos: CC031903 - minutes MINUTES OF THE UKIAH CITY COUNCIL SPECIAL MEETING WEDNESDAY, APRIL 2, 2003 The Ukiah City Council met at a Special Meeting on April 2, 2003, the notice had been legally noticed and posted, at 5:00 p.m. in the Ukiah Conference South School Street, Ukiah, California. Roll was taken and =~,=~ ~':followin~ Councilrnernbers were present: Rodin, Andersen, Smith, Baldwin, a.~ii~ :L.arson. Staff present: City Manager Horsley and City Clerk Ulvila. Otb~?'Pre~t~:~,:~:Mike McCann, James Uulheren, and aendocino County Supervisor Ric~,:.Shoema'~!!~ 2. DISCUSSION WITH MENDOClNO COUNTY SUPERVlSO!R SHOE~KER The City Council, Uendocino County District 2 Supervi~?~~makeri~=~::'~nd City sta~ :~:.:, discussed the following ma~ers: ..:.:~:~?~?~?:?~:~::~:.:~ ~??: ...... * Water issues related to the needs of Ukiah and o~:~:?:~gencies in the Ukiah Valley * Funding of water pro ects ~:~ ~::~:~:' ...... ::~:~ ~::~:: * Establishing a new water agency and issues relat~?~ ~ing, ~atershed management, water quality, and for the water agenc~=~::self sustaining ::~ [~:~:[ [;:. [~[[ [:~:::.~ .... ::::::::::::::::::::::::::::::: *The Mendocino Coun~ Board:~upe~isor's withdrawal 0f~[ :~bership in the Inland Water and Power ConVert, and the role of the Inla~a?~ ~r and Power * Obtaining water rights in order t~ll water::~:~ * Russian River Flood Control Distr'i~?~:;:::?;?~::~::~ ~:~:~ ~? ..... * State Wat~?~~~ Control Boa'~anti~g moro acro-foot of now wator * Stor~:~?:~cilities and ~i~tribution of wa~ ?:: * Water and Power Commission related to the S e ct i o n Discussion'::~~olving the Inland Water and Power Commission for another more ~ :~:: :~,~::~:~:,~:::~:::::~pansive J P~:~:~,gency with in the County : i:~ ::~:?~ ?::?~:?:~?~?,i~:?~;~:?:~ussed lang~:~:in theagreement that affects the City and County Disc~ ~ exploring~[~:?tevenue sharing agreements between the Ci~ and County, such a~?~:~::: develd;~ent of the Brush Street Triangle Discussi~ boncerning the current housing situation and how to increase the housin~::::}~ck in Ukiah ......................... ............. .................. . N M E N T T ~ing no fu~her business, the City Council meeting was adjourned at 6:18 p.m. Ma~'ie Ulvila, City Clerk Special City Council Meeting April 2, 2003 Page 1 of 1 ITEM NO.: 7a DATE: April 16 2003 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF MARCH 2003 Payments made during the month of March 2003, are summarized on the attached Report of Disbursements. Further detail is supplied on the attached Schedule of Bills, representing the four (4) individual payment cycles within the month. Accounts Payable check numbers: 45824-45962, 45963-46052, 46140-46222, 46224-46312 Accounts Payable Manual check numbers: none Payroll check numbers: 45729-45823, 46053-46139 Payroll Manual check numbers: 46223 Void check numbers: none This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1. RECOMMENDED ACTION: Approve the Report of Disbursements for the month of March 2003. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Kim Sechrest, Accounts Payable Specialist Coordinated with:Gordon Elton, Director of Finance and Candace Horsley, City Manager Attachments: Report of Disbursements Ca'dace Horsley, C~~,Manager KRS:W ORD/AGENDAAMAR03 CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF MARCH 2003 Demand Payments approved: Check No. 45824-45962, 45963-46052, 46140-46222, 46224-46312 FUNDS: 100 General Fund $134,447.84 131 Equipment Reserve Fund 140 Park Development 141 Museum Grants $2,228.00 143 N.E.H.1. Museum Grant $657.32 150 Civic Center Fund $68.43 _ 200 Asset Seizure Fund 201 Asset Seizure (Drug/Alcohol) 203 H&S Education 11489 (B)(2)(A1) 205 Sup Law Enforce Srv. Fd (SLESF) 206 Community Oriented Policing _ 207 Local Law Enforce. BIk Grant $1,666.66 220 Parking Dist. #10per & Maint $1,350.70 230 Parking Dist. #1 Revenue Fund 250 Special Revenue Fund $909.75 260 Downtown Business Improvement 290 Bridge Fund 310 Special Aviation Fund 330 Revenue Sharing Fund 332 Federal Emerg. Shelter Grant $15,256.20 333 Comm. Development Block Grant $5,632.78 334 EDBG 94-333 Revolving Loan $10,480.50 335 Community Dev. Comm. Fund $4,510.00 341 S.T.P. 342 Trans-Traffic Congest Relief 345 Off-System Roads Fund 410 Conference Center Fund $8,949.61 550 Lake Mendocino Bond 575 Garage $2,207.38 600 Airport 611 Sewer Construction Fund 612 City/District Sewer 660 Sanitary Disposal Site Fund 664 Disposal Closure Reserve 665 Refuse/Debris Control 670 U.S.W. Bill & Collect 675 Contracted Dispatch Services 678 Public Safety Dispatch 679 MESA (Mendocino Emergency Srv Auth) 695 Golf 696 Warehouse/Stores 697 Billing Enterprise Fund 698 Fixed Asset Fund 699 Special Projects Reserve 800 Electric 805 Street Lighting Fund 806 Public Benefits Charges 820 Water 840 Special Water Fund (Cap Imp) 900 Special Deposit Trust 910 Worker's Comp. Fund 920 Liability Fund 940 Payroll Posting Fund 950 General Service (Accts Recv) 960 Community Redev. Agency 962 Redevelopment Housing Fund 965 Redevelopment Cap Imprv. Fund 966 Redevelopment Debt Svc. PAYROLL CHECK NUMBERS 45729-45823 DIRECT DEPOSIT NUMBERS 16045-16172 PAYROLL PERIOD 2/16/03-3/1/03 PAYROLL CHECK NUMBERS 46053-46139, 46223 DIRECT DEPOSIT NUMBERS 16173-16300 PAYROLL PERIOD 312103-3115~03 TOTAL DEMAND PAYMENTS TOTAL PAYROLL VENDOR CHECKS TOTAL PAYROLL CHECKS TOTAL DIRECT DEPOSIT TOTAL PAYMENTS _$_27,261.52_ $52,628.32 $41,329.56 $9,359.32 $2,121.25 $25,272.03 $776.'79 . $27,919.26 $6,791.96 $238.92 $5,455.75 $127,392.09 $1,960.18 $647,125.67 $9,086.50 $2,092.26 $128,428.34 $222,972.71 $96,505.35 $213,487.33 $426.44 $2,422.84 _ $274.63 $1,839,694.19 $68,O63.38 $135,010.48 $308,221.22 $2,350,989.27 VOID CHECK NUMBERS: none CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on City Clerk APPROVAL OF CITY MANAGER I have examined this Register and approve same. CERTIFICATION OF DIRECTOR OF FINANCE I have audited this Register and approve for accuracy and available funds. City Manager Director of Finance 0 ~ r~ . , o L~ o E~ o 0 o'~ E~ -1- rj , > Z © 0 ~ Z 0 -2- o ~ H > 0 ~ t.D Z 0 Z · ~ ~OD ~ Z~D MZD~ 0 Z 0 m 0 m 0 -4- [',-,. cD Ln ~o 0'3 o~ cz) o o o oo o o o D-. ~ [.,-. o o ~ .cc cD o o o 0'3 ~ C~ ~D o o o ~.o t.o · , . Ln C-,1 c0 oo,~ oo~ ~o oo ~o Z~O HO~ 0 0 0 D~ E~ ~ o ~ E~ o~o ~c c~ o o Ln Ln O . ,--i o o0 co Ln L~ · Ln Ln O0 <o 0 Z H > o > ~H~ ,< H E~ E-4 < U o ,< z~ oo~a z o~ H~ O~H ~ -5- Z 88 o o O O oo 8 0 ~ o :~ · 0 u~ , Z~ O~ H DJ ~OO O ~ ~ O U~:> 88 ~ Z a~a~O OUO H H ~ ~Z Z~ Oo U~ Um 0 > U ~ O > ~ZO~OO~U O~ ~Z ~ H u ~ E~ 0,~ U ~ Om ~o r_.Q , 0 Z ~ H ~ ~Z U~ U >U 0 Z 0 U ~ ~ O u -6- 0,< U · o cD cD 0 0 ~o ~ o o o ~° 000000000 oo~oo~o~ 0000000 0 ~o~oO~o oo oo~~~o 0 0 ~ Z u 0 ~ H H ~ ~ 0 ~ ~ ~ U~O ~ 0 >~HZ Z z ogg°o o° oo~ ZZZO UUU OUUO ~H~ H ~ 0 8oo8oo88o ~oo~oooo ......... ~~°°~ ......... ~UUU UZZZ ~~~HO o ~° Z 0 ~ U 0 ~ Z ~ > Z~ 0 ~ZZZ ~UUU U Z o= > ~Z H © O~ © Z OZZ m~oo 0 U 0 · 0 U ~ Z~ H ~ ~Z U r~ > ~ u Z> OO00000000 ~000000000 > U -7- ~o [-.. o o o t.D ~ 000 0 0 o o HHO D 0 ~0 Z~Z ~ ~ ZmmZ go°° O0 HHH ~0 o o~ · °~ cq · oh oo ~.-.-t 000 ~° 0 ~ H i-t 0~ I-t H i.--t ~ 0 ~0 ~H d © ~ , 0 C~ -8- ~o o~OO~oo o ~°° o oooo~°°~oo O ogg~goo oh C~ v--I ~ 0 0 CD CD L~ Lf~ 0'~ O~ o 0 o 0 ~~Soosso~ss~oo~so~ ~ O0 O0 ~00 O~ ~0000000000~00000~0 000000000000000000000 000~0~00~0~0~0~00 ~oo~~o~oo~o~~o~ ~ ~ oo ~ ~o 0%~ ~ ~ ~0 ~ ~ ~o~ ~ ~ ~ ~DDDD~DD DDNDDDDDN ~ 0 u ~o o ~ Z~o Oo u% ,,<o Z 0 Z ~ Z ~ > ZOO0000000000000000000 H ~ ~o~ r.11 © Ln L~ CD 0 0 0 ,ri ,,-I C) 0 t'~ z z oo z z ooo~oo~ 000 o ,4.4 ~ o CD C) 00 00 · . 00 · . 00 · 0 H H 0 0 0 ooooo 0 0 ~4 > © O0 oo~°~° 0 0 00000000 o~~oo °~°°2oo ~ O0 O0 D~ z o Z ~ 0 r~ E~ Z E~ E~ Z Z ~Z ~ ~ E~ c~o~. D~ H E~ 0 H ~ H -~ Z Z~ H (J © o oo ~ 0 r~ z ~ © -la- Z ooooo oooo 0 0 O E--, Z ~ 0 0 r..) r.j Z c:0 ~ · 0 ua ~ Z U ~ H ~HOHHO ~0~00 ~0 O0 ~H~ ~Z~ ~oOO o o L~ ~D ~,1 ,r---t · · ~,° cq c~ · OZ~ Zca~ ~0 ~o Oo ~o Z 0 Z ~ 0 t~ Z~ 0000000 coO ~ 0 H ~ 0 O~E~ 0 Z Z H O ~ H,~ O -12- o~~~~oo o OOOOOOOOOO 0000 0000 o o ~~ooo O ~OOOOO OOOOOOO ~ DDDD~ ~~HHHO OO OO o~OO~o o ~o .......... oo~o~o~ o o ~ o H~HHHH~H~ 0 HOD ~D~D ~o~zo~o o~D~~ o r,-. ~ 0 ~ 0 O(J o o o ~ o ~ o o< o HHHHHHHHHH DDDD~DDDDD -13- :~ o 0< H ~ rj . O 0 O0 000 000 O0 0 O0 00000000 O0 O0 O0 0 0 O0 000000000000 0 0 00,< UO~ 0 ~10 E~ E~ ::> 0000000000000000000 Z ZZZZZZZZZZZZZZZZ~ZZ 0000000000000000~00 Z~ Oo U~ <o Z 0 Z H > ~Z~Z~ZZ~ZZ~ Z ~ Z~ZZZ~Z ~H~H~H~H~H~ ~ ~ ~H~H~H~ ~0~0~0~0~0 0~0 0~0~0~0 0 0 ~ 0~ 0~ ~00 0 0 ~ZZZZZZZZZ~ZZZZZZ~Z ~0000000000000000000 -14- O~ > cid ~o88ooo8oo~ooo~ o oo~ oo ~oo 0000000 0000 00000 ~o~oooo~oo~oo~oo .................. ~8~oo o~ ~o~o o ....... . .......... g~oo~o~o~~o~o 000000000000000000 S 888888° 0 0000000 o o~o~oo o 88°88°°oo Oo 0 Z ~ 0 ~ 0 ~000000000000000000 © -15- o ~° DDDDD U~UUU o o o o o E~E~ 0 0 mmmmmmmm< U U H H ~0 ~0 H ~ ~ 0 ~U H F~ O~ 0 ~ 0 ~o°° o~ UUUUUUU~ O~ 0 ~ Z~ ~UUUUUOUU U !~ H H H UUUU 0~ H 0 ~00000 0 ~ ~000 <000 -18- 0 O0 O0 0 tx3 1D t.D oo 0 0 0000000 000 ~0~0~0.~ 000000~~ ~ UU~IHU~U~UU~ o oooooo ~o~oo DD DD~ mm~mm© u U u ,~o o Z O ZH ~U 0 ~ ~ , H ~ O~ ~ E~ H 0 ~00000000000 ~ Z Z Z ~ 0 0 0 -1'?- o°~° o o o o o [.~ [-~ [,,~ o~ o~ o'~ OOOOO ~~oo oo ~ZZZZZZ o o o o o ,r-'~ O0 ,r~ ~0~ 0 0 ~ H~ Z~ Oo U~ Z 0 0 ~ > Or, D ~Z ~ u © ~ 0 0 ~ 0 H ~000000 UUUUU ~HHHHH ~00000 00000 -18- O< ~o > o~~~~o oo 00000000000 O0 0 O0 00000 m n~ 0 0 ,-i Z Z ~ 0~ < 0 0 © ~ZZZO ~ o o. ~o°o°oooo C'~ c"q Z~ Oo ~00000000000 00000000000 0 O~ Z > H S ~ 0 0 0 ~ ~ ~m ~o ~o ~ ~H~ ZO ~H~ > -19- 0,~ H ~ ~ · ~D 0 ['-.- co o o o o C-- L'"- CD O O C) O r~ O O O ~ ~ ~--t ,---t Z O OoO OO OOO OOO~ OOOOO ZZZ~ ~z~ ZZZO0~ OOO~ · · 0 o~ o Z~ OO Z 0 ~ H > 0 r~ Z 0 0 O00~m~ ~00~ m 0~ o ~000 HHHH HHH ~HH~ -20- Z O~ Z~ -21- ~ U 0 ~ U · > O~ U~ 0 0 © m O~ 0 · o o 888°°88°°88°°88°°88oo oo oo oo c~ c~ 0 0 0 Z~ 0 ~ 0 ~Z O0 O0 O0 O0 ~ ~oo~oo ~0 ~0 Z ZZ Z Z Z~Z Z Z Z Z Z ~ Z ~ Z ~ DZ O00000000000000000~ffi gg8°°88°°888°°88°88°oooooooo ~0~ ~ O~ ~ ~0 ~°~ Z 0 Z~ 0 ~ Z 0 ~ ZZ 0 0 Z~ -28- o~°~o 00000 000 0 00 00 00 00 0'3 E~ Z 0 u o o E~ Z 0 (J 0 0 0 · 0 ..... · . . . . 0 H ~ ~ U 0 0 OU UU ~ ~ ~ ~ ~ ~ 00~ O0 ~ ~ 0 0 ~0 0 > ~ ~ 0 oO cD 0,-~ 0 Z ~ 0 ~ Z~ ¥ ZZ r4 Z 0 0 0000000 Z Z E~ ~ > , 0 O~ U ~ O~ U , > © ,< 0 ZZ ~00 -24 - O0 O0 O0 0 O0 0 000 00000 0 ~ 0 0 ~ U ~ U ~ ~ > 0 · o,1 ~ O~ ~ ~0 ~0~0 ~ ~o o O~ U~ 0 > OZ 0 <0 ~ Z 0000000000000000 ~0000000000000000 000000000000000000000 000000000000000000000 -25- Z o ~> ~ ~ 0 0 r-~ 0 = o ~ o ooo ~ o ~ oo ~ o o ~ ~ ~ ; o~ o ~ ~ · o~ ~ o ~ . o = o oo o ooo o ~ o o ~ o o ~ o o u Z 0 ~0 ~H~ ~HO · . . ct.) Z~ :Dm O~ O~ Z 0 ~ H > r..a 0 0 ~Z ~0 H ~ 0 U Z 0~ 0 U © 0 ~Z ~ H O ~ ~ H 0 ~-1Z -26- o cD C'xl kid Ct1 CO O0 0 CD 0 ~ 0 CD b'- L.~ L.~ 0 CD [~. [~ CD, 0'3 O0 o o oo o o o c~ o o o k-~ H 0 o°o°o o,~ o ~ o o~o o Z~ :Dm O~ U~ U~ Z o Z ~ ora > o E~ . o ~o ~Z u ~Z o ::om ~o ~ r~ ~Z >0 O~ o © ~ o > -27- ZZZ o~ o~ O0 o r4r4o oo a~o 00~ ~ 0 ~Z ~0~ ~[~0 ~0~ U o oo oo~oooo ~~o~o oo~oo~ O0 O0 .H Z 0 Z~ 0 ~ Z ~ > ~ 0 ~ 0 ~ ~o O~ H~ H~O ¥ O (J H E~ O ~Z ~ 0 Z ~ 0 0 0 ~mmm O~ Z ZZ Z ~ O~ ~E~O O~c~ ZO~ -28- 0,~ i-4 ~ · o :> LF} ~oo~oo~oo~ooo~oo~oo~ O0 O0 O0 000 O0 O0 000 ZZZ o~ °° oo~°~°o 0 O0 O0 O0 0000000000000 Z E~O ~. ZZ~ 00~ H~ ~00 OOm Z 0 Z~ 0 ~ 0 -29- rz.,O o,< E-, c::, r.j · > , z rJUU OhO'hO", u u 00000000000000000000000000 00000000000000000000000000 O0 O0 O0 O0 0 000 0 0 0 0 0 oo 0 0 oo,~ o 0 O0 0 O0 0 o ~ o o oooooooooooooooooooooooooo 00000000000000000000000000 0 O0 O0 O0 O0 ~ ~ Z Z Z Z ZZZZ Z Z Z Z ZZ Z Z Z Z Z Z Z ZZ Z Z 00000000000000000000000000 0,'~ r,.)% rjeq ~o Z o ZH 0 ~ Z~ o u o~ H~ Z u mZ Z ZZ Z Z Z Z Z Z Z Z Z Z Z Z Z Z ~ Z Z Z Z Z Z Z ~ZZZZZZZZ~ZZZZZZZZZZZ~ZZZZZ H -30- o,~ ~D CD O0 t---I cq o o Z ~~0 ZZZZZ~ 000000 0 z o ~q~> ooooo 00 ZH ~~ ~D Z ...... Z ~ ~> OH 0 0 © ZH 0 H O~ H ~ 4,~ 0 H Om Z o O~ mO H o~~oo ~ O0 O0 0 0 L~ LC) t~ ~ oh o~ 0 0 ,.--4 D DDDD o o H ~ ~ H ~ ~r--- ,<c:, Z 0 > Z 0 O~ DO0 r.~ ~ Z ~0 ~0 ~Z m~ ~-.~H r.D r.D ZZ cd 0 © © Z~ 0 ~ H ~ r. DO ~.q -32- o D~ H > -88- r,. r.~ or4 F-4 ~ r,.) ~D ::> °~ CD ~° Z 0 ~ Z Z > m -34- H "~ U · C~ C~ C~ 0 0 oo~~o ~oo~ooo o~~oo ~ t'~ co ~0 0'3 o~ ~0~0 o~oogggo oo g o° o° ~ o~ ~ 00000000 0 0 0 0 O0 ~ oooooooo : ~ ~ ~ oo ~ O~~~ ~ O ~ O~ ..... . o~oo~o ~ ~ o o o oo o ~ ~ OO O ~ O ~ O OO ~] ~ U U 0 0 U U ~ > ~ o o o o Z~ O~ U~ Z O D.-1 H > Z~ O ~ O Zn~n~ o~ ,< 0 ~ U H n~ O ~ Z 0 E~ 0 0 r~ © O H ~ O H H C~ -35- o o o o o o c~ ce} o o o 0'3 ,c~ ,,~ o o o cD o o co 00 0 0 ~ ~-~ 0 ~0 E~E~ Z~Z 00~ ~o°° 0000 ~0 O~ 0 Z H Om Z ~ mmm 0 0 E~ Z Z~ Z ~000 ,,, HO00 H ~:~ Z ~ r4 H Z n~ -31]- 0,< rD · ~D 0 0 0 °~ 0'3 00 ¢0 o cD .,~ L~ L~ 0 0 0 0 0 0 O0 ¢0 ~ ~.~ 0 u~ .~ 0 0 0 0 E~ O~ U~ <cD Z 0 > OO U U 0 r~ ~ 0 ~0 0 0 ~ Zmm 0~ ~ZZ :>OU 0 ~ OU -37- 00000000000 00000000000 00000000000 ZZ O0 Z Z o o o o o o gg g o goo O0 0 0 000 · O0 0 0 000 0~ ~0~ 00~ ~0~000~0~0 o o O0 oo~ o U o o o o o o · o o ~o ~o · · -I o · ~t ,---q Z~ :Do O~ U~ ~o Z 0 ~-~ Z ~ O~ U ~ O~ ZZ U ~ 0 ~ Z~ OE~ H U . ~ Z O OH Z ~H Z~ O~ ~ U Z -38- U · O O O c~ OhO, Oh O O O O o 0 H HHHHH ~HHUHHHHHO O~ O~~> DDD> og ~o ~o~ ~ o ~0 ~c~ O r.~ O :::)o 0o4 ~:o Z 0 Z H Ora U~UOUUUUU ~ooooooooo o o ~ O ~ ,< OE~ o HHHHHHHHHHHHHH ~DD~DDDDDDDDDDD -39- 0000000000 0000000000 o0 c0 o o o o co Ix) <2> ~ o o c) o ~0 cz) cD o o cD o0 00 o~ ZZ 00 c) c) 0 0 O oo88o888oo oo o ~~ oo ~o~o~~ oo HHHHHH~HHH0 HHHHHH~HHH~ U o E~ r. zl ~ 0 O~ ~Z ~C~ O0 o [.i.1 ffi H H 0 oo~ Z% ~o ~o Z 0 > 0 U U~ ~0 ~ZZZZZZZ o H E~E~ U Z HE~E~ OZZ Z~ H Z Z H E~ O~ Z © (.) OE~ H U ~ U Z~ 0 -40- E~o H ~ 0 · > Z ~-~ o o o o c0 co o~ o E~ ~0 ZZE~ O0 ~ ~0 ~Z ~:> oo oo~gg°~°o o o oo~o~oo .......... ~.~ o o ~ZE~ C~O E~O o o0 co ~o Z 0 Z~ 0 ~ Z~ 0 Z 0 U HZ D4 H 0 ~ 0 E~ Z ~ Z ~ U~ ~ < ~0 Hm O~ OU ~ -41- t.D O ~o co c~ o~ o o u~ ~ 0 o c~ o c) ,rd o ~ ~ c) ,,'q o c,q c) C~ CO ~ o o ~ o ~oo o °o ~D ,rd C~ CD O~ C~ Z H H MHO · ~o Oc~ U~ Z 0 Z H 0 ~ ~> 0 F-z.l © DO H 0"1 0 0~ H ~ D D c~ ,< © -42- rD · Z~ O~ U~ U~ Z 0 Z ~ ~U O~ Z ~ > -43- Z 0 -44- o cD o o o o o o O O o~ o'~ o o 000000000000 OOOOOOOOOOOO o'~ ,r--I O O O~ ~,. CO O'~ O O O O O O O O ~'- ~'"'- D'"- OO CO OD OOO 88° U © o8 o88oo888o88~o o o o o oooooooooooo oo~oo~ooooo H DDDDDDDDDDD~O © ZZZZZZZZ~ZZZ~ 000000000000~ oo88oo88oo8oo oo~ O~Z Z~ HO~ ~ ~0 ~ 0 Z~ Oc~ Z 0 > ZZZ HHH Z ~ Om ~ Z ~ O~ ~ ~ ~ oo ~ ~Z ZO ~ O H ~)' 0 ~ Z OZ O0 Z~ ~OOO O~ -45- o o o o o o 00 co o o o o o o o o o 0 0 c~ c~ o o o o o o o o o0 c0 ~.~ o o 0 0 o r~ U ZZ~ 00~ ~E~ 0 ~ ~E~ r~o r.~ ~0 ~ · ~Z Z O~ E~O0 O~ ~0~ ~Z Z , E~ Z~ O~ E~O0 Z~E~ 0 ~ ~0 00~ ~>0 Z~ ~ 0 0~~ ~° Z 0 > E~ OZZ r~ r.D r.D H 0 0 l~ ~ 0 0 O~ o oo oooo 0~~ 0~~ 0~~ m 0 0 -46- o o g° o o oo~oo~ O0 O0 0000000 0 0 ~0 0 OOa~ ~o o · 0 · o ~HO ~0~ 0~ 0000000 O0 ....... ~oo~ 0 ~ 0 Z 0 ~O 0 ~ Z ~ :> 0 O~ O~U 0 ~ 0 m O~ O~ ~O > ~0 0 Z 0 H o ~J 0 ~-, c~ 0 O ~HHH H ~ · ~ Z~ Z~ ~ DUO ~m ~OH ~ ~ H~ ~ -47- o 0 0 0 0 0 ~0 CO r'~ t~ ~Z 0 0 ,--I 0 0 o 0 0 °~ CO 120 o u~ ~ o 88 o oo oo o oo oo ~ 0 ~8 E~ H · . z o > > MOO ~I~ , , u z z m ~Z ~ z o ~o H ~00000 ~UUU~U ~8~88o o H H~ ~ o o z~ o ~ Z Z Z 0 M Z ~ 0~ ~0 0 0 -48- E~o > ~°°~° oo ~0 ~ o o o o o o o o ~0 co o~ o o o o o ~° 0'3 c~ o~o°°~ > 0000 O0 .... ~ , ~ ~ 0 ~~Z~Z UUUUOU~ ZZZZUZ> U · Om~O ~0 ~ 0 ZO~ 0~ o§~o · o o o © ~ H 0 H~HHHH~HHHHO H[HHHH~HHHH~ ~0~~~~ E~ Z~ OC~ U~ Z 0 Z ~ O~ E~ i.-i i-i l-I © ~ooo~o H~Z~ 0 Z Z 00. ~0,< ~ E~ Z 0 Z ~HHH H~ © O ~ Z (DO Z H ~Z Zm 0 U H 0 Z 0 DDDDDDDDDDD E~o . kid >> OOc~ (JUo o~ ~ o o o o o p... o o o oooooooo o~~~oo OOOOOOOOOOOOOO OOOOOOOOOOOOOO o~m~mm~mm~mooo oo o 0 0 o o _~ o Z · :D o 0 m (J ~ t--- ,< · o 0-~ Ln ~ O O ~ · ~ O O ~ 0 OOoO o o ,-t ~-.~ ,:--I DD~O ~O 000~ oo O O O O · . · O~ O ~O~O~ bm mum U U U U ~Z~Z~ ~H~H~H~H~ © o~z oo oogg°gg~°ggo oo OOOOOOOOOOOOOO ~°°~°~°~°~°~~~~~ ~OO~O~~O~ °°~2~°°g°o~ goggoggoog~o~o o o oH omo UUOUUUUUUU DDDD Z~ O~ Z 0 > O0 ~ H :> ZZ Z~ 0 ~ * 0 ¥ UUUUUUUUUUUUUU -50- 0 0 0 CD <2> o 0 r--I ooo~ a~ E~ 0 OZ O~ m~> 0 0 0 Ln L.n 0 · · · t~ ,'"~ 0 '~ "~:~ 0 ~o Z 0 Z~ 0 ~a Z ~ o~ H H 0 O~ oo OH ~o -51- 0,~ > o~ 8°88°°8ooo O0 i~ L~ coco~ ~-~ D~ 0 ZZZZ ZZZZ~ 0000~ ~~0 o ~ ~-~ · o o Z H :::> 0 ~0 O0 0 00~~ ZZZ 00~ ~o~o 0 u ~.-~ Z 0 ZH 0 ~ Z~ 00 0 ~o Hr, D~ Z 0~~ ~0000 On~ m ~0000000 H ,'~ r~ , 0~0 -52- O~ to · > LD o o c) o o o,1 c~ o~ o o o o o o o 00 00 t~ ~ 0'3 c~ ~ {:2> 0 u,4 0 oooo o · o o ZZ tx] ~q · ~0 co · o Z Z~ ~o Z 0 > ~ H Z~ 0 ~ O~ O~ 0 B~ -53- ITEM NO. 75 DATE: APRIL 16, 2003 AGENDA SUMMARY REPORT SUBJECT: REJECTION OF CLAIM FOR DAMAGES RECEIVED FROM LYNN HARRIS AND REFERRAL TO JOINT POWERS AUTHORITY, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND The claim from Lynn Harris was received by the City of Ukiah on March 21, 2003 and alleges damages faulty electrical equipment at 704 Willow Avenue on January 8, 22, and 24, 2003. Pursuant to City policy, it is recommended the City Council reject the claims as stated and refer them to the Redwood Empire Municipal Insurance Fund (REMIF). RECOMMENDED ACTION: Reject Claim For Damages Received From Lynn Harris And Refer It To The Joint Powers Authority, Redwood Empire Municipal Insurance Fund. ALTERNATIVE COUNCIL POLICY OPTIONS: Alternative action not advised by the City's Risk Manager. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Yes Claimant Michael F. Harris, Risk Manager/Budget Officer ~ -- Candace Horsley, City Manager 1. Claim of Lynn Harris, pages 1-9; APPROVED: mfh:asrcc03 0219CLAIM Candace H~rsley, City I~nager ' . NOTICE'OF CLAIM AGAINST _ : THE CiTY OF"UKIAH,-'CALIFORNIA .a.e or c;a,rrorn,a, ny ~e claimant or by a person ac~.g on hi~er, ~~ ~~~ ~ ~ ,ant Code of ~e ~90 Semina~Avenue · uKiah, California 95482 - -~' i1~ I i I I 1. C~MANT'S NAME: .~." . . CLAIMANT'S ADDRESS: "t'oH; LO'~ LLou,3 Fed t~9 ~ Number/Street and/or Post Office Box City State Z~ Code Home Phone Number Work Phone Number PERSON TO WHOM NOTICES REGARDING.THIs CLAIM SHOULD BE SENT (if different from above): Name Number/Street and/or Post Office Box Telephone c~y DATE OF THE ACCIDENT OR OCCURRENCE: · 5. PLACE OF ACCIDENT OR OCCURRENCE: r'loH' L~~j,3 fh,,)t.,,,.)oE; t)[<.~)C/~. 6. · GENERAL DESCRIPTION OF THE ACCIDENT OR OCCURRENCE (Attach addib'onal page(s), ff more space is needed): .- _.~E,F_.. R ~,- % e NAME(S), if known, OF ANY PUBUC EMPLOYEE(S) ALLEGEDLY CAUSING THE INJURY OR LOSS: 8. WlTNES$~ES), ff kno~vn (optional): Name. . ;~ .'," :": ~ "'" Address Telephone . ~. '.e .... ~' : . .....~o~:.:'!~ :~'~--.~.~-b-.--~, (~,~'~'~.,-c,~.~.2~ ' s. CnOCrOR(SY~OS~A~S);, ~.~.~~~ C~M~ ..',.. · .,.....::.:~.:;~? ~ '~. ...~....~,:.~...~,, ......... . ............ ..:.,~ ,~.~. ~ . .WAS TR . · · . ,. , ... . ~...,':'f~4~,~,~;:,~..;'."...;~;~./. ..... '.'.'L'...: .... ",:"' i'~'~';:~:~t~Z."~'; ..... ;-; , ~ -" · ' . · ':' · : I~e~O~e . '~ '"'.' . ..., :..:,......,.,-. ........ ~.-, , .. ,. .. .. . ... . · . . . . .. . · .. · - . - r:..'.&..'~...~F~.,~..~.,~%1.r-.,,;,:· ,?.,.:-;,%,-..~.,-..:.~-.?,>~,,,.,~.¢~,~,.~..-~ .. .%- ;: - , . · :..... · .. .... ,--..r[.:,.,*:...,,.;.....;,.,,.,..~.~;......;..~; ,.~:; .. .. .... b~ 10. GENER~ ~_L.-I~.. ~N.~-TH.E-~, ._._..O~EBTEDNESS, OBLIGATION,' INJURY, DAMAGE OR LOSS so far /,.~,. , .: ~': i "7. '. , o; . as it may be 11. STATE~E=~]t~?CI~MED~_g. orals less than ten thousand do/lam ($10,000) as of the date of p~senta~on of the claim, including the estimated amount of any p~s~ive inju~, damage or loss, insofar' as ~ ~y ~ ~own a~ ~he ~ of ~he p~sen~a~ion of the claim, ~oge~her wi~h ~he basis of comp~ation of ~he amount claimed (for computation use ~12 be/ow). Howeve~ if ~he amount claimed ex, ods ~en ~housand doila~ (~10,~0), no dollar amount shall ~ indud~ in ~he claim. Howeve~ it shall indi~e whether ~he claim would be a limi~ civil case (CCP ~ 85)." Amount-Claimed $ 2 ~ ~ 5. ~ (~ .- or Applicable Jurisdiction 12. THE BASIS OF COMPUTING THE TOTAL AMOUNT CLAIMED IS AS FOLLOWS: a. Damages incurred to date: Expenses for medical/hospital care: Loss of earnings: Special damages for. Gene~l damages: b. E~mated prospecb've damages as far as known: -Futu~ ex~nses for medical and hospital ca~: F~um loss of earnings: . Otherp~s~dive's~cial damages: Pms~dive gene~l damages: ~1 ~ ~, ~ $ oo $ 6a $ 00. oo This claim must be signed by the claimant or by, "some person on his/her behalf. A claim relating to a cause of ach'on for death or for injury to the person or to personal property or growing crops shall be presented not later than six (6) calendar months or 182 days after the accrual of the cause of action, whichever is longer. Claims relating to any other causes of action shall be presented not later than one (1) year after accrual of the cause of action. Dated: 3 " ~ ~ -13 5 ~ ~ SIGNATURE OF CLAIMANT(S) Received in the Office of the City Clerk this _ o.~ / ..... day of ~~ ~ . ~0 ~ . NOTE: This form of claim is for your convenience only. Any other type of form ma)~'be used ff desired, as long as it satisfies the requirements of the Government Code. The use of this form is not intended in any way to advise you of your legal riglits or to Interpret any law. 'ff..you. are*iq dqUbt regarding your legal rights or the interpretation of any law, you should sc=P, I.e,,gal counsel of you~'bhOi~e at'y~ui"o~wri.'~e~xpen~e. ' ..... ~,~.~ Re~. ~8/gg ' - - -~ ....... ' ..........-' .............................. '~ ....... ,/,~" ,~ ::,. · the outside wiring to the house and found no problems with it. However, they neglected to check and detect the broken neutral conductor until the THIRD TRIP to the house. Because of the city's negligence, my family and my house were placed in a very dangerous situation and some of my property was destroyed. In addition, their negligence in not checking the neutral conductor, discovering the problem and repairing it until the THIRD TRIP to the house forced me to incur a tremendous bill for the services of the electricians as they continued to search for the cause of the electrical problems. If the city had accurately inspected and repaired the outside electrical equipment, there would have been no need for the electricians to have spent 12 hours fruitlessly searching inside the house for the cause of the electrical problems. My electrical bill would have been minor. And, actually, if it had not been for the determination of Herb Lawrence and the other electricians who work for him, who spent 12 hours at my home on January 24, 2003, the cause of the electrical problems might not have been discovered and a disaster/tragedy might have occurred. L-~WRENCE ELECTRIC PO BOX 1640 UKIAH, CA 95482 462-6772 BUS./466-5099 PAGER BILL TO HARRIS LYNN 704 WILLOW ST U IAI-t, CA 95482 INVOICE DATE INVOICE NO. 2/8/2003 1486 JOB SITE HARRIS LYNN 704 WILLOW ST U IAH, CA 95482 TERMS DUE DATE DUE ON RECEIPT 2/8/2003 ITEM DESCRIPTION QTY RATE AMOUNT TOTAL LABOR WEDNESDAY 1-22-03 CUSTOMER P. EQUESTED 1.5 55.00 82.50 THAT MR LAWRENCE ARRIVE AT RESIDENCE TO DO. WORK AND SOLVE SINCE PROBLEM WAS NOT SOLVED .ON MONDAY .1-08433 CITY OF UKIAH. WAS CALLED ON MONDAY :1 438433 TO .. CHECK THERE POWER SUPPLY SAID ALL POWER WAS GOOD. I WAS UNABLE TO PERSONALLY DO WORK AT MS HARRIS HOUSE ON 1-22-03 SHE TOLD ME THE SYMPTOMS AND SENT ANOTHER JOURNEYMAN ELECTRICIAN TO W~I? I THOUGHT PROBLEM WAS WITH ELECTRICAL PANEL SHE WAS NOT HAPPY ABOUT ME NOT SHOWING UP. PANELS WERE BONDED TOGETHER AND PROBLEM STILL PERSISTED. . WE MADE ARRANGE~ TO HAVE MYSELF AND THE 2 OTHER PREVIOUS JOURNEYMAN ARRIVE AT THE RESIDENCE FIRST THING FRIDAY MORNING TO CLEAR PROBLEM FOR HER_ CITY OF UKIAH WAS RE CALLED OUT IN THE MORNING SAME STORY ALL IS GOOD. WITH THE NEW REMODEL GOING ON INSIDE WE WERE NOT SURE SO KEPT TRYING TO SINGLE OUT THE PROBLEM. WE RE CALLED CITY OF UKIAH FOR THE THIRD TIME TO RE CHECK THERE WORK AND PROBLEM WAS FOUND IN METER AND NELrrRAL CONDUCTOR FEEDING THE RESIDENCE. TOTAL LABOR FRIDAY 1-24-03 3 MEN H K F 10 165.00 1,650.00 TOTAL LABOR ~ FRIDAY 1-24-03 2 MEN K F 3.5 110.00 385.00 TOTAL LABOR FRIDAY 1-24-03 1 MAN C 2 35.00 70.00 TOTAL LABOR MONDAY I'-27-03 1 MAN K ITEMSWERE NOT' 1.5 55.00 82.50 WORKING IN RESIDENCE THEY WERE BLOWN UP FROM LOST NEUTRAL MATERIALS Mt~C MATERIAL USED i 25.00 25.00 Thank you for thc work and'fed free to call. .... .... · ,~,'~ I' · LAWRENCE ELECTRIC PO BOX 1640 UKIAH, CA 95482 462-6772 BUS./466-5099 PAGER INVOICE DATE INVOICE NO. 2/8/2003 i 486 BILL TO HARRIS LYNN 704 WILLOW ST U IAH, CA 95482 JOB SITE HARRIS LYNN 704 WILLOW ST U IAH, CA 95482 TERMS DUE DATE DUE ON RECEIPT 2/8/2003 ITEM DESCRIPTION ..' QTY RATE AMOUNT IF YOU HAVE ANY QUESTIONS PLEASE FEEL FREE TO CONTACT ME I FEEL THAT THE CITY OF UKIAH SHOULD PICK UP THIS PRICE OF THIS INVOICE NOT LYNN HARRIS. A NORMAL SITUATION IN A RESIDENCE WHEN A NEUTRAL IS LOST INSIDE THE RESIDENCE IS BETWEEN 100 TO 300 HUNDRED DOLLARS, TO FIND AND FIX. Ibage 2,_ (..o - Empire Garage DoOrS 1970 Cori Lane .. 281721 ON ACCT,. MDSE RE:iD PAiD c_._..-' RECEIVED BY . , : . KEEP THIS SLIP FOR REFERENCE ORIGINAL ITEM NO. 7 ¢ DATE: April 16, 2003 AGENDA SUMMARY REPORT SUBJECT: REPORT OF THE ACQUISITION OF FLEXIBLE CRACK SEALANT FROM TRI-AMERICAN, INC. IN THE AMOUNT OF $5,429.53 SUMMARY: In compliance with Section 1522 of the City Code, this report is being submitted to the City Council for the purpose of reporting the acquisition of supplies costing more than $5,000 but less than $10,000. The City Street Department worked with the Purchasing Department to obtain quotes for the acquisition of 10 pallets (approximately 22,500 pounds) of flexible crack sealant. The crack sealant is used to seal cracks in pavement in order to prevent water infiltration into the base rock and subgrade. Eight companies received requests for quotations. Six companies responded with quotes. The purchase amount of $5,429.53 (tax included) is less than the street maintenance budget amount of $8,000. (continued on page 2) RECOMMENDED ACTION: Receive and file report of the acquisition of flexible crack sealant from Tri-American, Inc. in the amount of $5,429.53. Report is submitted pursuant to City Code. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Diana Steele, Director of Public Works / City Engin. ee~(..~ Rick Seanor, Deputy Director of Public Works Candace Horsley, City Manager 1. Fiscal Year 2002/2003 budget sheet APPROVED:' Candace Horsley, City~anager AgcrackSealant-3.SUM Page 2 Report of the Acquisition of Flexible Crack Sealant from Tri-American, Inc. in the Amount of $5,429.53 April 16, 2003 Bid Tabulation - Flexible Crack Sealant Vendor Tri-American, Inc. Milpitas, CA Crafco, Inc. Chandler, AZ RaynGuard Protective Materials, Inc. Sacramento, CA Special Asphalt Products Portland, OR Absolute Asphalt, Inc. Fortuna, CA Maintenance Inc. Wooster, OH Flexible Flexible Crack Crack Sealant Sealant Quantity Bid Amount (10 pallets)(per pound) (pounds) 22,500 $0.225 22,500 $0.229 22,500 $0.23 22,500 $0.245 27,000 $0.36 22,500 $0.554 Total Bid (with tax) $5,429.53 $5,526.06 $5,550.19 $5,912.16 $10,424.70 $13,368.71 ITEM NO. 7 d DATE: APRIL 16, 2003 AGENDA SUMMARY REPORT SUBJECT: AWARD OF THREE-YEAR CONTRACT TO APPLIED DEVELOPMENT ECONOMICS FOR GRANT CONSULTANT SERVICES In an effort to take advantage of grant funding when available, Staff submitted Requests for Proposals (RFP) to 25 consulting firms for grant preparation (writing), implementation, and administration. The services are for a period of three years and are to be completed on an as needed basis. The consultant will be engaged for a variety of grants, with the scope of services determined as each grant is pursued. Expenses will be paid by the grants and will be defined as the grant applications are authorized by City Council. There is no cost impact at this time since no specific grants have been identified or committed to. The availability of and commitment to a qualified consultant will provide efficient and effective response and follow through to grant Notices of Funding Availability (NOFA) and other grant opportunities. Securing a new consultant each time a grant prospect arises is time consuming and a significant drain on Staff resources, without an ensured positive result. Only one firm, Applied Development Economics (ADE), submitted a proposal in response to the RFP. ADE, who has been providing similar services to the City for the last three years, is qualified and experienced in this field and at this time is familiar with the City's organization and grant needs. Staff recommends the Council award a contract to ADE as it is a competent consultant, and the required solicitation process was completed. RECOMMENDED ACTION: Award Three-Year Contract To Applied Development Economics For Grant Consultant Services. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Reject the proposal, do not award the contract and direct Staff to readvertise for the requested services. 2. Determine that selection of a consultant should be specific to each grant, do not award contract and provide direction to Staff. Citizen Advised: Requested by: Prepared by: Coordinated with' Attachments: N/A N/A Michael F. Harris, Risk Manager/Budget Officer ~ Candace Horsley, City Manager 1. Proposal from Applied Development Economics for grant consultant services, pages 1-28. APPROVED:,~~'"'X,'~ mfh:asr¢c03 Candace Horsley, City!anager O416ADE PROPOSAL City of Ukiah Grant Services 26 March 2003 Prepared for Candace Horsley City of Ukiah Prepared by Applied Development Economics 1029 J Street, Suite 310 · Sacramento, California 95814 · (916) 441-0323 2029 University Avenue · Berkeley, California 94704 · (510) 548-5912 www.adeusa.com APPLIED DEVELOPMENT ECONOMICS 25 March (:it:y, >f L; 3(10 Scmlnarv Avenue Ukiah, CA 95482 Att:n: Candace Horslcy, City Manager Dc:ar Ms. Horslcy: ttacnctl AD[i's , to - ,.. .... : p,o=o=~u provide up to three years ,'~f ~rant services to ~hc ('it,, of Uki:fi:. ADE !~as pr()vided sen, ices to UNah for much of its gnmt work in recent years, and it is a pleasure to propose our sctx'ices currently. ADE has a distinguished record of assisting small commt~niti~:s to obtain and apprul>riatcly utilize state and fcdcrai gran~: fu~ms, x~.-c ~cl~cvc we can ~.(: thc City and to its funding sr~urccs. . Thank you fl0r your consideration. Plc::sc call if you hax-e atqy question:4 additionaii,: ....... -;,, Sincereiv. ., , (:arleen P. Bcdwci! M:,naging Pri~ncipa! _Il_) Lh~ipcrsitt/ Az,c~,w, t;crkclc~/, £Taliti~r,ia 94704 Tel: 510.545.5912 £ax: 510.545.0123 LIRL: r(,~,z~, mh'u~a corn · Ill?c) [ .qlrcct, qtlih' 3-l(~, qa~'r~t~h'~lh), ('aliti,',~ia 95S14 Tel: 916.441.0323 Fax: 916.441.4961 llRlz :~:~,:~,.adct~sa.c0m CONTENTS 1. Demonstration Of Project Understanding ........................ ! 2. Qualifications ......................................................................... 2 3. Cost Estimates ....................................................................... 6 4. Proposed Scope Of Work .................................................... 9 5. Project Personnel And Availability ................................... 12 APPENDICES ADE Principals and Associates ADE Funding Services Charts 1. DEMONSTRATION OF PROJECT UNDERSTANDING Applied Development Economics, Inc. (ADE) is pleased to respond to the City of Ukiah's Request for Proposals for Grant Services. The City is seeking professional economic development services required for the its participation in a variety of grant programs, including the economic development component of the State Small Cities Community Development Block Grant (CDBG) Program, as well as the implementation of the applications, the implementation of projects by the grant awards, and grant administration. The services are requested for up to three years. The City is eligible to participate in the State CDBG program. With that eligibility, the City must have consultant assistance with grant preparation, grant implementation, and grant administration to the extent specified with each project. The consultant must have sufficient capacity and depth to provide these services for the City through the three years of the contract. ADE meets these requirements and is pleased to propose its services. The discussion of ADE's qualifications and proposed services is presented in the following pages. Applied Development Economics Page I 2. QUALIFICATIONS 2.A. ABOUT ADE Applied Development Economics, Inc. (ADE) is an economic development and planning consulting firm. Since its founding in 1985, the fn:m has provided a variety of specialized consulting services for government agencies, economic development organizations, private sector developers, research institutes, and land-use attorneys. The fzrm's services are applied in various combinations to provide a foundation for assisting clients with long- term strategies to meet their economic development and business objectives. The professional staff at ADE possesses a broad range of experience in all aspects of economic development and planning. Each of the fkm's Principals has over twenty years of professional experience providing consulting services to public and private sector clients. The creative combination of s-kills drawn from each of the fn:m's Principals allows ADE to effectively support decision-making and problem solving for both public and private sector clients. Small Business, Ownership and Affirmative Action ADE, Inc. (ADE) is located in Berkeley and Sacramento, California. ADE is a small business with three owners, one of whom is female. ADE has adopted the following Equal Employment Opportunity policy. All of ADE's officials and employees have been informed of the policy statement, and that the policy shall be applied to every phase of employee recruitment, including employment agencies and advertising, compensation, opportunities for advancement, upgrading, promotions, transfers and selection for training. Equal Employment Opportunity Policy Statement ADE's policy is to recruit and hire applicants for employment without regard to race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, family responsibilities, mathculation, political affiliation or physical handicap. ADE's policy applies to all matters relating to hiring, promotion, transfer or employee termination, and covers all salaried and hourly employees in the office and the field, including all hourly contract trade employees. ADE will assert leadership in the community. whenever possible in an effort to achieve the full employment, skills utilization and productivity of all citizens without regard to race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, family responsibilities, matriculation, political afffl/ation or physical handicap; and ADE will cooperate to the fullest extent with the applicable federal and local affirmative action regulations, including but not limited to the Civil Rights Act of 1964. ADE'S SERVICES FUNDING SERVICES Applied Development Economics matches community needs with resources available from funding sources. The firm's role is to serve as an advocate on behalf of the client community, and to apply directly to funders for loans and grants. ADE uses its knowledge of community economic development to prepare grant and loan applications for such topics as infrastructure, environmental projects, business development projects, community projects and planning / technical assistance. These grants and loans can meet a wide variety of needs and come from a broad range of federal and state funding services. ADE has assisted clients to obtain over $26 million to date. To accomplish this, ADE provides the full range of funding services, beginning with an agency or foundation resource database, specific grant research, project development, apphcation ~lpplied Development Economics Page 2 preparation, grant administration, and staff training. ADE maintains excellent relationships with program officers, and is in the pipeline for new opportunities and modifications to existing programs. The firm successfully links the funding programs xt4th the needs of the community, and does so in a way that benefits both the community and the funding agency. Additional information about ADE funding services is contained later in the chapter. Other services include: Economic Development Services Economic and Market Research Industry Cluster-based Economic Development Business Attraction and Retention Strategies Marketing Plans and Implementation Real Estate Feasibility Analysis Tourism Analysis Analysis and Forecasting Economic Forecasting and Analysis Environmental Economics Labor Market Analysis Fiscal and Economic Impact Analysis Survey Research Planning Services General and Specific Plan Preparation Strategic Planning Downtown Revitalization Infrastructure Financing Plans 2.B. SPECIFIC EXPERIENCE REQUESTED BY CITY The City of Ukiah has requested information regarding the proposer's experience with the following: 1) CDBG grant applications, implementation, grant administration, and activity delivery; 2) Economic development consulting services; 3) Proven capacity to work with local government staffs; and 4) Program Income administrative experience. Additionally, a list of grants for xvhich the frrm has prepared applications, conducted the consultant work, and provided grant administration/activity deliver, along with references, is requested. ADE's experience regarding topics 1) - 4) is provided below. Lists of grants and related experience are attached. 2.B.1 ADE's Experience with the State CDBG Program As one of approximately 180 communities participating in the State Small Cities CDBG program, the City of Ukiah has the annual opportunity (up to $870,000 annually) to partner with CDBG funds to accomplish significant community projects. The CDBG program is an excellent resource to the City and it is important that each grant-funded project be carried out satisfactorily so that the City maintains its eligibility to apply for future funds. ADE has worked within the CDBG program extensively, linking the program's purpose with the needs and opportunities of individual communities. CDBG Applications. As of March 2003, ADE has prepared over 140 applications in every component of the CDBG program, with a 97% success rate. These results demonstrate that ADE very successfully maximizes the opportunity of the community to obtain the funds requested in each grant application. All grant applications that ADE has prepared for the City of Ukiah have been funded. CDBG Grant Implementation. ADE implements many of the planning/technical assistance projects funded by the CDBG program. In each study, ADE works closely with the local jurisdiction to develop the information and capadty that carries out the project described in the grant application and enables the community to proceed once the grant project is completed. ADE's economic development expertise is woven throughout each project. ADE has implemented three grant funded projects for which ADE wrote the grant--1999 CDBG Planning Grant for a Revolving Loan Feasibility Study and Airport Business Park Study; 2000 CDBG Planning Grant for the Reuse of the Palace Hotel; and 2000 HCD Jobs Housing Balance Program Planning Grant. CDBG Grant Activity Delivery. Another form of grant implementation is the Activity Delivery services associated with Economic Enterprise grants and the expenditure of Program Income for Business Assistance Loans. ADE has provided this function on Applied Development Economics Page nine CDBG EEF grants. APE takes responsibility for the provision of these services and subcontracts with an experienced consultant for the specific business loan services CDBG Grant Administration. APE administers CDBG grants (80+ to date) when requested by the local jurisdiction. The firm's extensive experience with the CDBG program and its staff ensures that ~M2)E conducts the grant administration services in a manner consistent with the requirements of the CDBG program as well as the needs of the individual community. In several cases, APE has been asked by CDBG staff to assist a community that had developed considerable problems with its grant compliance. APE is also asked to conduct workshops regarding CDBG grants, and its work is used as a model for other consultants and communities. APE has administered or is a_dministering all of Ukiah's CDBG economic development grants as well as the HCD Jobs Housing Balance grant. 2.B.2 CDBG Implementation Services APE has provided the consulting services to implement 97 studies and technical assistance activities funded through CDBG Planning/Technical Assistance grants. In every instance, APE xvorks closely xvith the client to develop a final product that meets the community's needs and fulftlls the grant requirements. APE's broad economic development expertise is utilized in every project. APE is accustomed to incorporating the services of other consultants where there are specialties, which will be advantageous to the City's interest. The attachment entitled "ADE Principals and Associates" contains a list of current collaborating partners available to the City if needed. 2.B.2 Economic Development Consultant Services ADE provides the full range of economic development consulting services xvhich are listed on page 3. ADE has conducted projects and developed expertise in all of these categories throughout California and the western United States. The full resources of the firm will be available to assist the City- of Ukiah with its economic development consulting needs during the course of this cotltract. 2.8.3 Proven Capacity to Work With Local Government Staffs The majority of ADE's 200+ projects have been conducted in small California cities and counties. ADE understands the dynamics of small communities and works well with local staff, elected officials, and community leaders. Most of ADE's CDBG clients are rural communities. 2.B.4 Program Income Administrative Experience CDBG is requiring greater attention to Program Income held by local communities, both in the reporting and in the use of the funds. The City needs excellent advice and assistance in this matter. ADE has several years of experience assisting communities with the management and administration of their Program Income. The firm assists communities by reviewing and revising Program Income Reuse Plans, identifying and recommending proper uses, assisting with Citizen Participation requirements, drafting necessary reports, and ensuring that clients meet National Objective and all other state and federal requirements. The Program Income services to Uldah will be provided through a combination of APE and its subcontractor. The subcontractor will provide the portfolio management, loan packaging, loan underwriting, and loan closing. 2.C. PROJECT EXAMPLES WITH REFERENCES The charts in the appendices display APE's experience of APE, including grant apphcation preparation, grant hnplementafion, and grant administration. Examples of projects in Mendocino County include: · Mendocino County Economic Indicators Study ApR//ed Development Economics · Mendocino County Economic Development Strategy · Mendocino County Tourism Study · Mendocino County Overall Economic Development Plan · Mendocino County General Plan · Mendocino County Wine and Tourism Promotion · Fort Bragg Grant Administration (4 CDBG grants) · Point Arena Economic Development Strategy · Potter Valley Diversification Study · Ukiah Revolving Loan Fund Feasibility and Airport Business Park Study* · Ukiah Palace Hotel Reuse Study* · Ukiah Business Loan and Microenterprise Program* · Ukiah Palace Hotel Seismic Analysis* · Ukiah Jobs Housing Balance Planning* · Ukiah Community Facilities Planning grant applicafon* Those with asterisks (*) indicate that AIDE also prepared the grant appheatior~ which funded the City of Ukiah projeet. Together, these grants total $705,000. ADE is administering these CDBG and HCD grants (with the exception of the last one, which was recently awarded). Ail are in good standing or have been satisfactorily closed out. CDBG will be monitoring the City's business.loan grant in mid-April, and ADE will provide the support services necessary to the City. References: References for such ADE services include: Connie Jackson, City Manager, City of Fort Bragg (707 961-2802) Dan Meinert, Deputy City Manager, City of Dmuba (559 591-5900) Tins Gontarski, Director of Grants and Community Investment, City of West Sacramento (916 617-4559) Applied Development £¢onomJ¢$ 3. PROPOSED SCOPE OF WORK In response to the City of Ukiah's Request for Proposals (RFP), ADE proposes the following services for the three years of services described in the RFP. The specific services and projects will be activated each time at the request of the City. The value of the three-year contract is that comprehensive services covering a wide spectrum of grant- related needs can be provided without going out to bid each time. The City receives the benefit of an ongoing working relationship with a firm skilled in many grant and economic development matters. TASK 1. AC[IVITY DELIVERY AND GRANT ADMINISTRATION 1.A. Activity Delivery Services. ADE will be responsible for the provision of the Activity Delivery Services that are associated with use of City Program Income for loans, portfolio management, and appropriate use of Program Income. The f~rm will use an experienced subcontractor for the direct business loan services, and will review the intended subcontractor with the City in advance. ADE, in combination with its subcontractor, will perform loan-processing services including intake, underwriting, closing and monitoring of loan compliance. 1.B. Grant Administration Services. Each grant that is funded carries with it city obligations to comply with federal and state laws, regulations, and reporting requirements. The same federal and state overlays must be incorporated in the use of Program Income. ADE ,,viii provide the services necessary to ensure the City complies with all requirements on each grant and with Program Income. These services xvill include the clearance of any special conditions before a grant can begin to draw down funds, the regular reporting system during the life of the grant, recordkeeping, public hearings, final product, jobs and income verification, on-site monitoring, problem solving, grant closeout, and ongoing coordination between the City and CDBG. The firm will work with the City to determine the division of labor between City staff and ADE staff on each grant. TASK 2. CDBG ECONOMIC DEVELOPMENT PLANNINGfrA GRANT AP PLICATION PREPARATION LXanen the City wishes to apply for CDBG Economic Development Planning/TA Grant funds, ADE is available to provide immediate application preparation assistance. The £Lrm will assist with the development of a proposed topic; provide advice to the City on CDBG requirements regarding timing, citizen participation and appropriate application content/format; prepare the application for final adoption by the City; and submit original and required copies to the CDBG Program. The next funding cycle for P/TA grant applications will open in May 2003, and the City should begin planning a possible grant application immediately. TASK 3. CDBG ECONOMIC DEVELOPMENT PLANNINGffA GRANT IMPLEMENTATION SERVICES In the event the City ED P/TA application is successful, AIDE will provide implementation services that are within its area of expertise. ADE will work with the City to identify the appropriate level of assistance needed to implement the grant. The fu:m has provided this function for more than 100 CDBG Planning/Technical Assistance grants. Applied Development Economics Page 6 TASK 4. OTHER CDBG ECONOMIC DEVELOPMENT GRANT APPLICATIONS; IMPLEMENTATION AND GRANT ADMINISTRATION 4.A. Applications Once the Program Income funds are being reused, the City is eligible for a variety of CDBG grants each year, which are guided by funding cycles and specific periods of application. At the direction of the City and to the extent requested, ADE will prepare for submission any and all of the following applications: · CDBG Economic Development Planning and Technical Assistance Grant applications for the years 2003, 2004, and 2005. · CDBG Economic Development Over- the-Counter applications for the years 2003, 2004, and 2005. · CDBG Economic Development Economic Enterprise applications for the years 2003, 2004, and 2005. Typical tasks include: · Work with city staff to determine an overall program design that is appropriate for grant application, and the tasks which best implement the program design. · Advise the City of the appropriate final product associated with the Scope of Work, and incorporate the commitment into the grant application. · Develop the necessary structure and strategy of the application and proposed project, including necessary partners, federal and state obligations, required documentation, city priorities, and competitive factors if appropriate. · Work with city staff to determine the costs of the various tasks and the overall amount of the grant request. Throughout, ADE will ensure that the City and the CDBG program get maxin~um value for the CDBG funds and local match funds that are provided. · Advise the City on the required local match, acceptable sources, and appropriate commitment documents. · Advise the City on the Citizen Participation requirements, prepare draft documents such as the Public Hearing notices, and attend public meetings to the extent requested. · Advise the City on the appropriate documents and will draft such documents for signature by city officials. ADE will advise the City on appropriate enclosures relevant to the topic of the grant application and will either obtain or prepare them. · Prepare a draft grant application for review by the City. Once review is complete, ADE will prepare a final grant application and deliver it to the State CDBG program. An official copy will be made for the City. Once a grant is funded, ADE will determine with the City what role is requested of the firm and the extent of the role-- Implementation, Administration, etc. In each case, the City and ADE will be guided by the content of the grant application and the City's obligation contained in the ultimate agreement executed between the City and the granting agency. 4.B. Implementation ADE is prepared to implement the City's CDBG grants that are funded. These may include 2003-2004, 2004-2005, and 2005- 2006 ED Planning Grants, and OTC and/or EEF grants in those years. Implementation services are subject to specific discussion between the City and ADE at that time, and must be consistent with the expertise of ADE and/or its subcontractor. ADE is also prepared to implement other grants that require economic development services, subject to the specifics of the awarded grant at the time. The firm's expertise includes all forms of economic development consulting for CDBG Economic Development grants, and the use Applied Development Economics Page 7 of subconsultants for portions of economic development projects that require expertise not provided by ADE such as engineering assistance as part of an economic development planning project. As discussed earlier, ADE will be responsible for the overall provision of the services of this contract during its three-year term. Its subcontractor will provide any business loan services required for the Program Income loans and the Economic Enterprise Activity Delivery. 4.C. Grant Administration ADE is prepared to provide grant administration services on all CDBG economic development grants, to the extent requested by the City. These services will be provided in collaboration with City staff. TASK 5. GRANT APPLICATIONS OTHER THAN CDBG The City is also eligible for a number of grants from other programs such as EDA, USDA, EPA, CalTrans, REDIP, the Infrastructure Bank, US EPA Brownfields, and others. ADE will work with the City throughout the contract period to match projects to the most appropriate funding opportunity, and to determine if the City wishes to proceed with application. Once a grant topic is identified, ADE will work with the City to develop the application. The division of labor between ADE and city staff will be determined on each project. In the event the grant applications are funded, ADE will implement the grant to the extent requested by the City and will administer the grant. TASK 6. LOCAL CAPACITY BUILDING ADE will work closely xvith City staff to expand the staff's knowledge and capacity with regard to all economic development grants, grant administration, and activity delivery responsibilities. ADE will provide such functions as staff training, development of staff processes, and assistance with city grant administration file and record keeping systems. ADE will advise on timing, strategy, the relationship of the various compliance matters and, in general, will work w/th city staff to provide oversight and staff development. The firm will also provide similar services with regard to grant applications. TASK 7. COORDINATION WITH CITY STAFF TO RESOLVE PROBLEMS ADE will be available on an as-needed basis to coordinate with city staff to resolve any problems that may arise. We will negotiate with city staff to determine the appropriate scope and costs of the various tasks necessary to resolve these problems, if the situation exceeds the normal problem solving of grant administration. (See" Task Expansion" below.) TASK 8. PREPARATION OF APPROPRIATE CDBG PROGRAM INCOME REPORTS ADE will provide the services needed by the City to properly use and report its Program Income activity. Often these services must include clarifications with CDBG regarding what constitutes Program Income, proper accounting for it, and proper reporting. CDBG is developing additional guidelines and performance monitoring regarding this category of CDBG funding. TASK EXPANSION It is not unusual to encounter an issue during the provision of services under a three-year contract that requires extraordinary effort and uses much more consultant time than the budget anticipated. In the event such a situation occurs, it will be brought to the attention of city staff. A decision will be made at the time regarding how to best proceed, what-if any-expanded services are requested of the consultant, and what resources are associated with the expanded services. Applied Development Economics Page 8 4. COST ESTIMATE Because ADE's services cover a variety of potential tasks over three years, we cannot indicate a fixed cost for all services. Costs are determined on a case-by-case basis as indicated below, using ADE's hourly billing rates. With each component of the contract services, ADE will establish a not-to-exceed figure with the City, and will attach to the contract a letter of agreement regarding the cost and the budget of the specific task. The cost of expenses covering such items as copying, postage and shipping, travel, phone and fax, etc., will be billed to the City on a direct cost reimbursable basis each month. The expenses will be itemized in each invoice. ADE understands the City will use a portion of the grant administration and activity dehvery funds to offset city costs for participating in the grants. ADE and is accustomed to working with communities on a cost-sharing basis proportional to the responsibilities. COST BASIS PER TASK Task 1. Activity Delivery and Grant Administration 1.A. Activity Delivery. This component xvill be carried out primarily by an ADE subcontractor. ADE will provide oversight and project management to ensure that services are provided which meet the City and CDBG's requirements. 1.B. Grant Administration The cost of ADE's grant admimstrafion services will be guided by the extent of the service requested by the City for each grant. To the extent allowable in each grant, the cost of grant administration may be borne by the grant funds. The division of such funds betxveen ADE and the City is determined by the division of the grant administration workload. For a CDBG P/TA of $35,000, the cost of grant administration, if fully carried out by ADE, will not exceed $1,750. This is the maximum amount allowed by the grant, and is achievable if the grant is completed within nine months of the grant execution date. If the grant is delayed in starting, ADE will incur greater grant administration costs and will bill the City accordingly, using hourly billing rates. Task 2. CDBG Economic Development Planning/TA Grant Application Preparation If &DE is asked to prepare a 2003 CDBG Economic Development Planning/Technical Assistance grant application for which the fm-n alone will have full implementation responsibilities in the event the grant is funded, ADE will provide the grant preparation services at no cost to the City. If the firm has a portion of the grant implementation responsibilities, ADE will charge a proportionate percentage of the grant preparation costs--or require assistance from others. This is possible only in those cases where the procurement requirements of the funding program have been met and permit this approach. If the implementation services will not be carried out by &DE, application preparation assistance costs will be set at a not-to-exceed figure of $3,500. Exception: In the event &DE is preparing a CDBG Planning/Technical Assistance grant application-or similar application in another funding program-for which ADE alone will have full implementation responsibilities in the event the grant is funded, the ftrm will provide the grant preparation services at no cost to the City. If ADE has a portion of the grant implementation responsibilities, ADE will charge a proportionate percentage of the grant preparation costs or require assistance from others. This is possible only in those cases where the procurement requirements Applied Development Economics of the funding program have been met and permit this approach. Task 3. CDBG Economic Development Planning/TA Grant Implementation Services The cost of grant implementation is determined on an item-by-item basis. During the preparation of the grant application, the budget for the project's scope of work will be developed, which determines both the funds available for the project and the cost of providing the services. This then directs ADE and the City in the cost of grant implementation and the tasks. The challenge in each grant application is to provide for maximum services to accomplish the project, while at the same time being realistic about the cost of such services. ADE's years of experience in both grant writing and grant implementation has required the finrt to forge realistic scopes of work, and then be disciplined in the implementation of them. Task 4. Other CDBG Economic Development Grant Applications; Implementation and Grant Administration The cost of preparing these applications over the course of the contract will depend on the level of assistance requested by the City. In general, the not-to-exceed cost for a CDBG Economic Development Planning and Technical Assistance Grant application ranges fi:om $2,500 to $4,000. For a CDBG Economic Development Over-the-Counter application the not-to-exceed cost range is $$,000 to $15,000; and for a CDBG Economic Development Economic Enterprise application the not-to-exceed cost range is $5,000-15,000. The same exception that was explained in Task 2 applies to future CDBG Economic Development Planning/Technical Assistance grant apphcations. Task 5. Grant Applications Other than CDBG In general, the cost of application preparation ranges from $1,000 to $15,000. When application preparation services are requested, ADE will meet with the City to determine the type of grant, the estimated level of service required, and the division of labor between the staff and the firm. From the composite of this information, ADE can provide a not-to-exceed cost figure using ADE's current hourly rates and reach agreement with the City regarding costs and services. On all grant preparation services, ADE charges time and materials only. The firm will operate this way with the City for each grant that is prepared, with the exception that is described below. Costs associated with implementation of non-CDBG grants, and/or the administration of non-CDBG grants will be discussed with the CiD' and a not-to-exceed figure arrived at. Task 6. Local Capacity Building Cost will depend on the level of service requested by the City and agreed upon by ADE. To the extent possible, they will be provided in association with other services, which ADE is providing at the time. If a special task is identified for capacity building, the f~rm and the City will determine the extent of the activity and the fee, using current ADE billing rates. lask I. Coordination with City Staff to Resolve Problems Cost will depend on the level of service requested by the City, using current billing rates. If the problems are related to a specific grant and can be resolved as part of that grant's grant administration budget, the costs will be part of AIDE's grant administration fees for that grant. Other, wise, the City will be billed directly for such services, See "Task Expansion" below. Task 8. Program Income Reports Cost will depend on the level of service requested by the City, using current billing rates. These costs will be billed to the City directly, separate from services associated with a particular grant. Jpplted Development Economics ?ege I0 Task Expansion In the event any of these eight tasks expand beyond the anticipated body of work and have exceptional features that require unexpected and excessive utilization of ADE services, the £~rm ADE will bring this to the City's attention. The City and ADE will agree upon services and increased costs as appropriate. HOURLY RATES ADE's hourly rates are listed below. They are the basis for all professional costs and will be applied to the .M2)E personnel who are providing specific services to the City. In the event billing rates change within this three-year contract, the rates current at the time of the work will apply. Managing Principal $145 Senior Consultant $125 - $135 Senior Associate $100 - 125 Associate $70- 85 Administrative Staff $45 TIME LINE ADE will work with the City to determine priorities for the ADE services, and develop a schedule for proceeding. A.DE suggests the fn:st work should be the preparation of a 2003 CDBG Economic Development Planning/Technical Assistance grant. BILLING ADE will coordinate the provision of services under this contract, including the services of any subcontractor. 5. PROJECT PERSONNEL AND AVAILABILITY Throughout the course of the proposed three years of service, all ADE staff and associates will be available to the City on specific grant related projects. The particular Principal or Associate providing services will be determined by the nature of the activity and the specialty requixed. ADE's project team for each specific project x~411 be reviewed in advance with the City. However, the following personnel are expected to participate in completion of the scope of work in this proposal. The resumes of all ADE professional staff are attached. FUNDING SERVICES Grant Applications and Grant Administration Carleen Bedwell, Managing Principal of ADE, will be responsible for the overall provision of services under this contract. She will be the direct manager of all funding services. Mrs. Bedwell has a highly successful track record of obtaining grants and low interest loans for communities to carry out their economic development activities, and administration of the grants. She works well with program officers in the various funding programs and is respected for her attention to both the community's needs and the funding agency's requirements. Mrs. Bedwell may also participate in the implementation of a grant project as appropriate. She ~4ll be joined in the funding services by other members of ADE's funding staff described below. Matt Yancey, Associate, provides ongoing funding research to ADE staff and clients; maintains the funding resources library/database; works with communities on project development related to funding; and assists with application preparation and grant administration. Mr. Yancey is currently assisting in the preparation of funding applications for ADE clients within the Economic Development component of the State Community Development Block Grant (Planning/Technical Assistance, Over-the- Counter, and Economic Enterprise Fund), HUD Neighborhood Revitalization Program, the State Department of Parks and Recreation and State Library funds. IMPLEMENTATION SERVICES The particulars of every project will dictate the project team that provides the services. For this reason, we have included the resumes of the ,hIDE professional staff as an appendix. For implementation activities related to Program Income and to any Economic Enterprise Fund grant the City is implementing, ADE's subcontractor provide loan services. Applied Development Economics Page/2 APPENDIX A: PRINCIPALS AND ASSOCIATES Douglas Svensson, AICP, President Doug Svensson is a planner and economist with more than twenty years' experience in economic development, community redevelopment, fiscal impact and financial feasibility analysis, socioeconomic analysis, and growth management planning. Mr. Svensson has worked with a variety of public and private clients including the State of California, regional air quality districts, city and county governments, and nonprofit community development corporations. He has also prepared plans for development projects proposed by several major universities. Mr. Svensson has prepared market research and financial feasibility studies and fiscal impact analyses for large-scale, mixed-use private sector projects, including residential, marine, commercial, and industrial uses. He developed ADE's target industry methodology and has prepared economic development strategies--targeted at both industrial and retail sectors--for city and county jurisdictions. As a program planner with a community development firm, Mr. Svensson designed and implemented a number of housing rehabilitation, social services, and local economic development programs. Working xvith California's Employment Development Department, he conducted research on small business development, and designed materials and programs to assist communities in mitigating the impact of major industrial plant closures. Mr. Svensson holds bachelor's degrees in environmental studies and political science from the U.C. Santa Barbara, where he was a Regent Scholar. He also holds a master's degree in city and regional planning from the U.C. Berkeley with an emphasis in housing and economic development. He is a member of the American Planning Association and the American Institute of Certified Planners. Carleen Bedwell, Managing Principal Carleen Bedwell combines 30 years of local government experience with the resources and systems of economic development to benefit ADE clients. Mrs. Bedwell manages the funding services o fADE, supervising staff responsible for more than $22 million in federal and state grants obtained by cities, counties, and non-profit organizations. These funds are from a variety of federal, state and private sources. Mrs. Bedwell works with each client to identify potential projects and appropriate funding opportunities that link the client's needs with the objectives of funding agencies. She works with funding agencies to understand their new programs and brings successful chent projects to them for consideration. ADE continually expands its very successful funding services capacity. Mrs. Bedwell's work is highly respected by funding agencies and clients alike. For many of the grant applications funded, Mrs. Bedwell and ADE have been asked by clients to administer the grants, to ensure compliance with all federal and state regulations and meet grant performance requirements. She has administered more than 80 grants, all of which have been successfully closed out. She also provides staff training and local capacity, building for client staff. In addition to her funding specialty, Mrs. Bedwell sometimes serves as project manager or project liaison for ADE's local government projects such as economic development strategies, business retention and expansion programs, establishing revoMng loan funds, and feasibility studies. Understanding the dynamics of a community, she works well with its leaders and businesses to generate both vital information and local understanding as the project progresses. She also serves as an ongoing resource to clients, identifying new opportunities that can be to their benefit. Applied Development Economics Mrs. Bedwell's experience in local government includes serving as Development Officer, Opportunities Industrialization Center West; Director of Social and Community services, Palo Alto; Consultant, San Francisco Foundation; Board Member, Women's Foundation of Northern California; Board Member of Planning and Allocations systems, Santa Clara County United Way; Instructor, Stanford University; and independent consultant. Mrs. Bedwell received her bachelor's degree at Whittier College in political science and was a national fellow in the CORO Foundation. She has served on policy committees of the League of California Cities, and was recognized as an outstanding public official in Santa Clara County. She was co-founder and president of California Women in Government and has served on many local community committees. She is an active member of the California Association for Local Economic Development. Steve Wahlstrom, Managing Principal Stephen Wahlstrom has been in the economic development consulting field since the early 1980s. His experience cuts across all fields of the profession including commercial market analysis, downtown revitalization, tourism, survey research, business attraction and retention, and industrial market analysis. He has successfully led the completion of nearly 100 consulting contracts in big cities and small towns throughout California and in a variety of regional venues including Nevada, Arizona, Hawaii, and New Mexico. Through his experience in the field, he has developed a broad range of capabilities and skills. He works well with people and is s -killed in facilitating decision-ma-king. He also understands quantitative analysis that form the backbone of most consulting projects. Mr. Wahlstrom is an active member in a number of national and state organ~afions including the International Economic Development Council, the California Redevelopment Association (CRA), and the Urban Land Institute (ULI). He has been a speaker at various conferences sponsored by CUED, CRA, and the American Planning Association; he also worked as a member of a ULI technical assistance panel. Mr. Wahlstrom has earned a master's degree in city and regional planning from the University bachelor's University served for U.S. Peace of California at Berkeley and a degree in economics from the of Washington in Seattle. He also two years as an economist for the Corps in the Philippines. Wes Ervin, Senior Associate Wes Ervin has over fifteen years as an economic development practitioner. His greatest strength lies in planning and implementing business recruitment and retention programs. During the last few years Mr. Ervin has helped communities build job-creation programs, conducted hands-on industrial and commercial recruitment, created marketing materials, evaluated economic development programs, and researched the feasibility of industrial, commercial and educational sites. Mr. Ervin is an excellent consensus builder, and enjoys helping communities build the momentum necessary for effective marketing programs. Mr. Ervin's recent project experience includes hands-on industrial recruitment; consensus-building and business plan development; marketing strategies and plans; economic development program evaluation, development, and implementation; two successful final enterprise zone applications; real estate market analyses; building reuse feasibility; and downtown revitalization studies. From 1986 to 1995, Mr. Ervin worked at the California Trade and Commerce Agency. As manager of the Office of Permit Assistance from 1993 to 1995, he helped businesses and local governments solve permit, permit processing, and environmental problems. His experience as a business development specialist included building problem-solving teams, targeting specific industries for attraction and retention, developing industrial recruitment strategies, direct selling to business, site selection assistance, Applied Development Economics Page 14 technical assistance, conducting relevant economic and market research, performing cost comparisons and analysis, and speaking on business issues. Mr. Ervin has personally recruited and helped recrui't dozens of businesses, thus creating thousands of California jobs. Mr. Ervin provided the leadership that founded Nor Cal IDEA, a cooperative business recruitment association involving all 22 of California's northernmost counties. From 1986 to 1995, he has chaired the California Interagency Task Force on Biotechnology, a policy group addressing the special issues of that industry. Under Mr. Ervin's direction, these entities published two major permit handbooks, a permit streamlining primer for local governments, and a series of marketing pieces. Mr. Ervin received a bachelor's degree in anthropology from U,C. Riverside in 1973, and a certificate in business management at U.C.L.A. in 1981. Peter Cheng, Senior Associate Peter Cheng specializes in downtown revitalization, tourism analysis, industrial development studies and economic base analysis. He is also skilled in survey research and has contributed prominently to a number of marketing surveys conducted by ADE in recent years. Mr. Cheng has conducted extensive analysis of employment and occupational trends for a variety of industries and has numerous input-output analyses for industrial market studies and regional economic base studies. He has successfully managed a number of ADE's retail and tourism studies, and is the primary developer of the firm's retail analytical models. Mr. Cheng also has a background in land use and physical planning, with additional experience in transportation and housing. He has analyzed and evaluated passenger rail corridors in California, and helped facilitate the public input process for a military base conversion in Oakland. Mr. Cheng has conducted demographic, transportation, and land use studies, as well as legislation and policy analyses for local governments. In addition, he has worked on environmental and public works projects in the private sector. In previous positions, Mr. Cheng has projected population changes, analyzed ordinances and codes, inventoried housing construction, calculated and evaluated physical characteristics for selected areas, and conducted studies on locations for low- income housing, corridor development, and the possible effects of land-use reconfiguration. He holds a Bachelor' degree in Sociology from University of California, Los Angeles and a Master's degree in City Planning from University of California at. Berkeley. Ted K. Bradshaw, Ph D, Senior Associate Ted Bradshaw, Ph.D., has 26 years experience in the study and analysis of California's economic and social development. He has held positions at the University of California at Berkeley and is currently Associate Professor of Community Development and Economic Development at the University of California, Davis. Dr. Bradshaw has a national and international reputation in fields of economic development, rural development, and community development. He is well known for his work on economic development in the new economy, particularly industry cluster development. Dr. Bradshaw has extensive experience analyzing and developing public policies and programs. He has received or worked on policy research contracts from the California Board of Forestry, the Energy Commission, the Department of Conservation, the Employment Development Department, the Human and Social Services Agency, and the Trade and Commerce Agency. He also assisted the State J ob Training Coordinating Council in preparing a new workforce development policy. Dr. Bradshaw brings to his work in economic development outstanding accomplishments in many emerging aspects of the development process. He has Applied Oevelopment Economies Page iS contributed a new perspective on base closure through analysis of the potential benefits to nearby communities and businesses. He has also pioneered h~ the use of Geographic Information Systems (GIS) computer mapping programs for the analysis of land use such as the conversion of farmland in the California Central Valley and the mapping of the geographical impact of small business loan programs. Dr. Bradshaw received his Ph.D. in Sociology from the University of CaLifornia at Berkeley. Tony Oaysog, Associate Tony Daysog is a planner xvith almost ten years of experience in field of community economic development research and analysis. Mr. Daysog has worked in the non- profit sector, and serves as a public official in various capacities. He has conducted numerous community assessments and created indicator benchmarks for tracking economic development progress at the community and regional levels. He is an avid follower of public policy, contributing his thoughts on major issues in articles published in the Opinion-Editorial section of newspapers such as the San Francisco Chronicle, for which he has written on subjects from Medicare reform, countywide responses to AIDS, and military, base closure. Randy Evans, Associate Randy Evans is a geographer and researcher with a background in geographic information systems (GIS) and data analysis. He has experience and knowledge in database management, data retrieval, spatial analysis and development issues. He has designed maps for publication and has worked w/th advanced information systems. He is proficient with the Internet and has developed xveb pages. His studies and research have focused on global economic development and the effects at the local level. Mr. Evan's geographic background adds breadth to ADE's strong capabilities. For ADE, Mr. Evan's performs analytical work in ADE's core areas. His other responsibilities include applying GIS to economic and land use analysis. Mr. Evans has also worked for the CaLifornia Department of Fish and Game helping to expand the CaLifornia Wildlife Habitat Relationship System, perform habitat evaluations and create species range maps. He is also employed as adjunct faculty at Sierra Community College in RockLin as a geography instructor. M_r. Evans earned his B.A. in geography from Califomia State University, Sacramento. Mr. Evans has also completed his masters in Social Science, with a concentration in globaLization and cultural studies at Humboldt State University, where he was designated a Sally Casanova Pre- Doctoral Scholar. Jamie Hurley, Associate Jamie Hurley is an economic development practitioner with a background in public finance. Mr. Hurley specializes in quantitative analysis and £mancial planning for economic development projects, and has specialized experience in the use of tax increment financing (TIF) and other redevelopment tools. Prior to joining Applied Development Economics, Mr. Hurley sen, ed as a financial advisor to units of local government in Illinois, Wisconsin, and Minnesota, His work involved analyzing local financial and economic data, conducting demographic studies, and developing planning models for debt structuring and management. On behalf of his municipal clients, Mr. Hurley has supervised the sale of various types of tax- exempt debt in accordance with state and federal securities law. Mr. Hurley has also conducted research on national, regional, and local workforcc development issues. He holds a Master's degree in Economics from Illinois State University, with a concentration in apphed community and economic development, and received hia Bachelor's degree from Colorado College. Applied Development Economics Malt Yancey, Associate Matt Yancey, Associate, provides ongoing funding research to ADE staff and clients, maintains the funding resources library/data base, works with communities on project development related to funding, assists with application preparation, and assists with multiple Grant Administration duties. Mr. Yancey is currently assisting in the preparation of funding applications for AIDE clients within the CalTrans Safe Routes to School Program and the Economic Development component of the State Community Development Block Grant (Planning/Technical Assistance, Over-the- Counter, and Economic Enterprise Fund). Mar. Yancey is also assisting CDBG Labor Standards requirements and Program Income maintenance. I~Ie has recently completed and submitted applications in the 2002/2003 Yolo-Solano AQMD Clean Air Funds Program, the 2002 Assistance to Firefighters Grant Program, the 2002 Technology Opportunities Program through the US Department of Commerce, and the 2002 Land and Water Conservation Fund Program through CA Department of Parks and Recreation. Prior to joining ADE, Mr. Yancey was affiliated with the Center for Economic Development, Californi~ State University, Chico, where he worked on Sustainable Community Indicators and responded to requests by local communities for Technical Assistance from the Economic Studies component of the Center for Econozmc Development. Mr. Yancey received his Bachelor of Arts Degree in Economics at California State University, Chico. He focused on a broad range of subjects within and related to the field of economics, such as: Macroeconomic and Microeconornic Theory, Urban and Regional Economics, International Trade, and Geoscience. Claudette Lamothe, Production Manager Claudette Lamothe is a graphic designer and has worked in desktop publJsking for over fifteen years. Since joining A_DE in 2001, she has prepared the gem's presentations; produced brochures, flyers and newsletters for clients; designed ADE brochures and announcements; and edited and formatted major reports and proposals. She earned her BA in Sociology at Clark University in Worcester, Massachusetts and is presently enrolled in UC Berkeley Extension's Graphic Design Certificate Program. PARTNERS ADE often works on teams with various partn~s including economic development professionals, land use planners, engineers, and urban designers. Our current roster of collaborating consultants includes: Applied Materials & Engineering Anderson Planning Michael A. Bedwell Dr. Edward j. Blakely Bonneville Research Brown, Vence,& Associates Chabin Concepts Jay Claybourne, Urban Designer CIC Research, Inc. Corporation for Enterprise Development Design Workshop, Inc. EMC Planning Group EIP Assodates ESA FPE Engineering and Planning F.J. McLaughlm & Associates Jerry Haag, Urban Planner Hausrath Economics, Inc. J.E. Shuricht & Associates Jones and Stokes Mark Kaiser Trish Kelly James R. King Kleinfelder Engineers Landscape Architects, Inc Laurin Associates AndrewJ. Leahy, R.C.E. Lew-Garcia-Davis Engineers Mike Licciardello McCraken & Woodman Engineers Mintier & Associates Mogaverro Notestine & Associates Munroe Consulting Applied Development Economics Noll & Tam Architects James Norvall Oppenheim Lewis Construction Consultants Options Consulting Group Parsons, Harland, Bartholemew & Associates Pratt Navarro Architects Quad/Knopf, Inc. RRM Design Group SSA Landscape Architects Sunflower Strategies Swarbrick Civil Engineers Teale Data Center Vernazza Wolfe & Associates Yamabe and Horn Applied Development Economics Page/8 APPENDIX B FUNDING SERVICE CHARTS ADE Funding Services, 1989 through 2001 ADE Successful Funding Applications, 1989 through 2001 ADE Grant Administration, 1989 through 2001 ADE California CDBG Program, 1989 through 1999 Applied Development Economics Page l~ ADE FUNDING SERVICES 19119 THROUGH 2001 Grant Writing · $22,398,621 awarded · 172 applications for 51 clients: cities, RI)As, counties, businesses and non profits ,, 99% success rate to date Federal and state programs include USDA. CDBG, HCD, EPA, EDA, DOJ, B&W, WtW Grant Implementation 86 grant-funded projects implemented Clients include 33 cities and RDAs, ! lcounties and one non profit Project examples include economic development planning, regional development, market analysis, infrastructure, real estate analysis, and project feasibi!it_y Grant Administration · 85 grants administered · All grants successfully closed nut Funding programs include CDBG. USDA, EDA As of 11/01/01 ADE SUCCESSFUL FUNDING APPLICATIONS 1959 THROUGH 1001' Community D~volopment 15lock Gr~t F_~onomic Development Planning/TA Grants such as 97 $3,196.063 (CDB .G--.S~ate and ~ntitloment) downtown revitalization, industrial foasihi!ity, target inclu~t~ atudi.os, ~d n~ .,k~tjng plans such ~ inff~tmcmre ~ons~ction, businea~ lo~a, ~d bu$in~aa Mcubatora 1o~ Mnds GenerM ~ogr~ Project Grits such as co--unity 4 $1,330,075 cen~ers, fire atations, ho~sing rehabilitation, ~d ho~$~g Do.town Rebound Housing ~d Co~um~ D¢vo!opment ~onomic D~volopment $Watogy ~O ~plcmcntatmn 9 $882,5~ Jobs Housing B~ce ~prov~m~nt C~ifomia Tr~e & Coerce Agency S~d~w~$~voro Eno~o~ Oi~tr%~ bu~inos$ mtonfion 1 (TCA) ~d ~p~ion ~DIP for {nff~¢t~m ¢onatm~tion ~ $1A~8,000 -Eco,;~c 6~v-ei~e;~ A'~minis';raOon Econo=c Development P!~mn~A such as (EDA) in~ot~o. ~ub~vogion~ atr~togy US Depm~nt of Agriculture Intermediwy Relen~ng ~ogrm ~uch as busines~ (USDA Rurfl Development) revolving !o~ ....................................................................................... Water ~d Wastewator for infr~tmcture construction 1 Rur~ Bus~e~ Ente~ri~e Or~ts such ~ business 8 $892,0~ tec~ic~ ~ist~ce, revolving Io~ fund~, in~astmcmre, and telcco~unications ....................................... ..... ~ .......................................................................... "~0~i~'B~i-n'g"~n~'wuterways In~cmm Pl~ning ~d Technical Analysis 1 $!75,0~ US Environ~ntfl Protection Agency Bro~field lnitiative~Pi!ot ~oject I $2~.0ffi US Dep~tment of Justice Police Hiring 1 ....................................................... - US A~Cow~ Mieroent~me Assist~e ........................ i ................... ~"i'~00-~'" HUD Disaster Recovery Funds B~dge R~eo~tmction I $45,000 *aa of 11/01/01 Note: TA denotes technical assistance Pl~nnin£/Technical Assistance 70 See CDBG list Community Fac/l/t/es Senior Center Rehabilitation Street Reconstruction Community Center Construction Child Care Center Construction Fire Station Construction Women's Crisis Center Construction 1 City of Fort Bragg 1 City of Fort Bragg Pub/lc 14/ort~- USDA Fire Safety Improvements Construction Water System Improvements Construction (USDA~ 1 City of San Joaquin 1 City of San Joaquin 1 City of San Joaquin I County of Calaveras Linda Ruffing, Community Development, Sue Wade 707/961-2828 Linda Ruffing, Community Development, Sue Wade 707/96!-2828 Mimi Kawaguchi 1 City of San Joaquin I City of Firebaugh Diana Brooks, City Clerk 209/693-4311 Diana Brooks, City Clerk 209/693-431 ! Diani~ Brooks, City Clerk 209/693-4311 Mimi Kawaguchi Je~n~ Boyc~, Director, County Health Services 209/754-6465 Lisa Phillips Vergolini Diana Brooks, City Clerk 209/693-4311 Joel Moses, City Manager 559/659.2043 Mimi Kawaguchi Chuck Clendenin, USDA RD New Housing Land Purchase, assistance with construction Housing Rehabilitation I City of Soledad 2 City of San Joaquin Hector De LaRosa, Finance Director 408/678-3963 Diana Brooks, City Clerk 209/693-4311 Mimi Kawaguchi Mind Kawaguchi/Rob Maus Economic Development Over the Counter Dole Food Processing Plant, Infrastructure Construction Inn @Scotts Valley, Infrastructure Construction, Loan Best Buy Distribution Center, Infrastructure Construction Millennium Business Loan Industrial Park Infrastructure Tully-Wihr/OKM, Infrastructure Construction Economic Enterpr/se Fund I CiD' of Soledad 1 City of Scotts Valley I City of Dinuba 1 City of San Joaquin 1 City of San Joaquin I City of Colfax Revolving Loan Programs 1 County of Calaveras 1 City of Colfax I City of Dixon I City of Fort Bragg 1 City of Riverbank I City of Placerville 4 City of San Joaquin I City of West Sacramento I City of Ukiah I County of Yolo Bill Farrell, Planning Director 408/678-3963 Chuck Comstock, City Manager 408/438-2324 Dan Meinert, Community Director 209/591-5900 Diana Brooks, City Clerk 2091693-4311 Diana Brooks, City Clerk 209/693-4311 Art~o de la Cerda, City Manager 530/346-6214 Jim Bishop Jim Bishop Jim Bishop Jim Bishop Jim Bishop Janet Myles Jeanne Boyce, Director, County Health Services 209/754-6465 Janet Myles Arturo de la Cerda, City Manager 530/346-6214 Janet Myles Cindy Gnos, Senior Planner 707/678-7000 Ursula Eilat Linda Ruffing, Community Development, Ursula Eilat 707/961-2828 Margaret Silveira, CED Director 209/869-7125 Gary Pigg, CD Specialist 916/642-5228 Diana Brooks, City Clerk 209/693-4311 John Jansons, Development Specialist 916/373-5843 Albert Fierro, Assistant City Manager 707/463-6269 David Morrison, Assistant Planning Director 530/666-8042 Janet Myles Janet Myles Sinetta Farley Ursula Eilat Janet Myles Ursula Eilat TOTAl, 100 APPLIED DEVELOPMENT ECONOMICS CALIFORNIA CDBG PROGRAM (1989 through 1999) Grant Applications: 97 (A ?plication Prepared, submitted and funded.) _Alpine County (3) Industrial site potential; Housing needs assessment Amador County Business attraction, expansion, retention program ,..City of American Canyon L T_arget ~ndu~_.t_~ Study a~d ma[k_e__ting strate~; Infrastruc~repl~nning __ City of Angels Business expansion/attraction (economic strategy) City of Arroyo Grande Economic opportunities study; Marketing strategy; Home based business development plan City of Auburn ~Airport Road improvements Calaveras County Business expansion/attraction; Recycling development study; RLF feasibility; EEF City of Coalinga Labor force analysis City of Corning Off-site infrastructure for food-processing plant City of Dinuba Retail/services market analysis; Water tower construction; Entertainment feasibility; RLF study City. of Dixon Economic development planning; 2 Revolving loan fund EEF's; Fire station reuse plan . City of Dorris Economic development strategy City of E1 Centro (5) Downtown revitalization; Target industry study; Cross border marketing plan; Industrial park infrastructure planning; Inter-modal transportation center; Parking improvements E1 Dorado County ._Airport Industrial feasibility study City of Fowler Industrial corridor feasibility study; industrial park implementation ~lan City of Gonzales Industrial infrastructure & feasibility study; Affordable housing study; Affordable housing study; Winery feasibility; Downtown revitalization study City of Hughson EEF for business revolving loan fund; Public infrastructure analysis Kings County (3) Infrastructure construction; Business development marketing strategy; Jobs impact study City of Los Banos Downtown revitalization; Rail site feasibility study County of Mariposa Community infrastructure; Transportation, Commercial and Bower Cave Study City of Mendota Infrastructure planning Merced County Planada infrastructure; Affordable housing study; Business & economic opportunities study County of Monterey Infrastructure construction and shelter construction City of Morro Bay Business retention and expansion study; 2 water reclamation feasibility studies; infrastructure planning City of Newman Revolving loan fund feasibility.study_ City of Placerville Business attraction and downtown revitalization; Rev. ol¥ing loan . City of Plmouth Downtown revitalization study Cit),~ of Rio Vista Airport Industrial feasibility; relocation impact potential Cit)r of Riverbank Market and site development analysis; Target area indentification County of Shasta City of San Joaquin Ci ty_of Scotts Valley . (2).. · City of Soledad City of So. Lake Tahoe (2) City of Susanville City of Waterford City of West Sacramento City of Willits Facility construction for business incubator Industrial park feasibility; Infrastructure planning (2); Commercial feasibility; Downtown revitalization; Community center and Fire station; Loan to manufacturing business; Housing rehabilitation program and Fire safety infrastructure; 3 Business assistance program EEFs; industrial site planning and infrastructure analysis. Retail market analysis; Hotel construction Off-site Infrastructure for food-processing plant; Fire service facilities planning Housing and new construction; Commercial development planning; comparative market assessment Downtown revitalization; Housing rehab program design Business revolving loan funds Community development strategic plan; Infrastructure analysis Economic development strategy; Target industry marketing strategy; Hotel feasibility study; Furniture mart design center feasibility study; 2 Business revolving loan fund EEFs; Telecommunications infrastructure study New facility construction Consulting Projects:74 (See project matrix for topics.) County of City of Corning City of Gridley City of Newman City of Soledad Alpine (2) (3) County of City of Dinuba City of Gustine City of Oroville City of S. Lake Amador (3) Tahoe (2) City of City of Dixon City of City of County of American (2) Hanford Placerville Tulare Canyon City of Angels City of Dorris City of City of County of Hughson Plymouth Tuolumne City of Arroyo City of E1 City of Ione City of Rio City of Grande (2) Centro (4) Vista (2) Waterford County of County of El City of Los City of City of West Calaveras (3) Dorado Banos Riverbank (2) Sacramento (2) City of Clearlake City of Fowler County of City of San County of Yolo (2) Mariposa Joaquin city of Coalinga Count3, of County of City of Scotts City of Yreka Glenn Merced Valley CiD' of City of City of Morro County of Corcoran Gonzales Bay (3) Shasta AGENDA SUMMARY ITEM NO aa DATE: April 16, 2003 REPORT SUBJECT: INTRODUCTION OF ORDINANCE AMENDING THE CITY OF UKIAH'S MISCELLANEOUS PERS COVERAGE GROUP CONTRACT TO 2.7% at 55 At its March 19, 2003 meeting, the City Council adopted a Resolution of Intention to Authorize amendment to the contract between the Board of Administration of the Public Employees' Retirement System (PERS) and the City Council of the City of Ukiah to provide Section 21354.5 - 2.7% @ 55 for local miscellaneous members (non-Public Safety employees). The PERS mandated employee vote approving the increase in employee contribution from 7% to 8% was finalized and certified on April 10, 2003 in favor of the contract amendment (attached). Introduction of the Ordinance authorizing the contract amendment can now occur. RECOMMENDED ACTION: . Introduce by title only Ordinance Authorizing an Amendment to the Contract Between the City Council of the City of Ukiah and the Board of Administration of the California Public Employees' Retirement System. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Do not introduce Ordinance and provide direction to Staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Melody Harris, Personnel Officer Candace Horsley, City Manager 1. Ordinance Authorizing Amendment to PERS Contract and attached Amendment to Contract (Exhibit) 2. Certification of Employee Election APPROVED: ,.~__Z~'~ ~ ~,. Candace H~rsley~' City-~anager 3:MOU~,SRPERS2.7ORD ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF UKIAH AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. The City Council of the City of Ukiah does ordain as follows: Section 1. An amendment to the contract between the City Council of the City of Ukiah and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked "Exhibit", and by such reference made a part hereof as though herein set out in full. Section 2. The Mayor of the City Council is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. Section 3. This Ordinance shall become effective thirty (30) days after the date of its adoption, and prior to the expiration of ten (10) days from the passage thereof shall be published as required by law in the Ukiah Daily Journal, a newspaper of general circulation, published and circulated in the City of Ukiah and thenceforth and thereafter the same shall be in full force and effect. Introduced by title only on April 16, 2003, by the following roll call vote: AYES: NOES: ABSENT: Adopted on May 7, 2003, by the following roll call vote: AYES: NOES: ABSENT: Attest: Eric Larson, Mayor Marie Ulvila, City Clerk 3:\mou\PERS2.7ord CalPERS EXHIBIT California Public Employees' Retirement System AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of Ukiah The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective August 1, 1962, and witnessed June 4, 1962, and as amended effective January 1, 1973, January 2, 1983, June 30, 1992, May 7, 1999, November 8, 1999 and October 5, 2002 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: Ao Paragraphs I through 13 are hereby stricken from said contract as executed effective October 5, 2002, and hereby replaced by the following paragraphs numbered 1 through 14 inclusive: , All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members and age 50 for local safety members. . . o , o Public Agency shall participate in the Public Employees' Retirement System from and after August 1, 1962 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); Co Employees other than local safety members (herein referred to as local miscellaneous members). In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS The percentage of final compensation to be provided for each year of credited prior and current service for local miscellaneous members in employment before and not on or after the effective date of the amendment to contract shall be determined in accordance with Section 21354 of said Retirement Law, subject to the reduction provided therein for service prior to December 31, 1982, termination of Social Security, for members whose service has been included in Federal Social Security (2% at age 55 Full and Modified). The percentage of final compensation to be provided for each year of credited prior and current service for local miscellaneous members in employment on or after the effective date of the amendment to contract shall be determined in accordance with Section 21354.5 of said Retirement Law, subject to the reduction provided therein for service prior to December 31, 1982, termination of Social Security, for members whose service has been included in Federal Social Security (2.7% at age 55 Full and Modified). . o , The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21362 of said Retirement Law (2% at age 50 Full). Public Agency elected and elects to be subject to the following optional provisions: a. Section 20042 (One-Year Final Compensation). b. Section 20965 (Credit for Unused Sick Leave). C, Section 21573 (Third Level of 1959 Survivor Benefits) for local miscellaneous members and local fire members only. d. Sections 21624, 21626 and 21628 (Post-Retirement Survivor Allowance). e. Section 20516 (Employees Sharing Cost of Additional Benefits): Section 20042 (One-Year Final Compensation); Section 20965 (Credit for Unused Sick Leave); and Sections 21624,21626 and 21628 (Post Retirement Survivor Allowance). From and after January 2, 1983 the safety employees of Public Agency shall be assessed an additional 1% of their compensation for a total contribution rate of 10% pursuant to Government Code Section 20516. Section 21024 (Military Service Credit as Public Service), Statutes of 1976. go Section 20503 (To Remove the Exclusion of Employees Who Are Paid On An Hourly, Per Diem, or Weekly Basis While Being Employed On A Temporary Emergency or Seasonal Basis), Prospectively from November 8, 1999). ho Section 21574 (Fourth Level of 1959 Survivor Benefits) for local police members only. Removal of the exclusion of "Employees Who Are Paid On An Hourly, Per Diem, or Weekly Basis While Being Employed On a Temporary, Emergency or Season Basis", pursuant to Section 20503, is declarative of agency's previous interpretation and does not mandate any new classes of employees into membership. 10. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on January 2, 1983. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. 11. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 12. Public Agency shall also contribute to said Retirement System as follows: ao Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members and local fire members. bo Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local police members. Co A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. do A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 13. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 14. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the · end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the day of BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY KENNETH W. MARZION, CHIEF ACTUARIAL & EMPLOYER SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY COUNCIL CITY OF UKIAH PRESIDING OFFICER/: ';.::-"" Witness' Date Attest: Clerk AMENDMENT ER# 0485 PERS-CON-702A (Rev. 8\02) ITEM NO. 9b DATE: April 16, 2003 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION IMPLEMENTING THE PATHS, OPEN SPACE, AND CREEKS COMMISSION At the last meeting Council adopted Ordinance No. 1045 creating the Paths, Open Space, and Creeks Commission for the purpose of implementing General Plan provisions for open space, creeks, trails, and pathways. In order to implement the ordinance and proceed with appointment of members, adoption of an implementing resolution is now required. While the new ordinance establishes a five member Commission and provides for the election of officers, actual appointment of members and terms of office are to be defined in the implementing resolution. As reference, staff has attached excerpts of Chapter 4, Commissions and Boards, of the Municipal Code describing the composition and appointment procedures for the Planning, Parks and Recreation, and Airport Commissions. Still to be defined by Council for inclusion in the resolution are the terms of service for Commissioners, procedures for appointment, and necessary appointment criteria such as residency or professional affiliation. The Council may also wish to include representatives of other City Commissions as part of the new body. (Continued on Paqe 2) RECOMMENDED ACTION: Determine appropriate language establishing membership terms and procedures for appointment and adopt resolution. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine language other than that presented is desired and adopt resolution as revised. 2. Determine adoption of resolution is inappropriate at this time and do not move to adopt. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: 1. 2. N/A Councilmember Baldwin Larry W. DeKnoblough, Community Services Director Candace Horsley, City Manager Draft Resolution for adoption Excerpts from Chapter 4, Commissions and Boards, of the Municipal Code .~---.~ APPROVED' :-l~,_..J/'l;~-,-;~ ~ Candace Horsley, Ci~Manager LD/ZIP2 POSRe$.Asr Each existing City Commission has differing criteria for appointment, depending upon the charge of the particular commission. The Parks Commission consists of seven members and requires at least three members to be appointed specifically from the Men's and Women's golf organizations, four members at large, two of whom shall reside within the City limits and two of whom may reside outside the City but within the sphere of influence. The Airport Commission has five members, three of whom must be City residents and two of whom may reside outside the City but within the sphere of influence. The Planning Commission requires City residency of all five members. As the Open Space Commission's activities will likely involve properties or projects outside the City limits, Council may wish to consider adopting membership language similar to that included in the Parks or Airport Commission procedures which allow for non-resident participation. An additional option previously discussed by Council is for each Councilmember to appoint a Commissioner whose term on the Commission would run concurrently with that of the appointing Councilmember. Appointment of seats, which may become vacated in mid- term, would revert to the respective Councilmember to appoint a new Commissioner. Terms for Commissioners under this scenario would be tied to the term of the appointing Councilmember as opposed to a fixed number of years. One additional issue, which will need to be included in the resolution should Council determine to establish fixed terms of service, is the staggering of terms at initial appointment in order to create a rotation of members as terms expire. For example, Section 1152 of the Municipal Code describes the initial appointments to the Planning Commission as appointing two members for a one year term, two members for a three year term, and one member for a two year term. All subsequent terms are for three years. This procedure has provided for an incremental turnover of membership while maintaining stability and continuity of a majority of the Planning Commission to assist incoming members. Staff has provided a draft resolution (Attachment #1) which does not include language establishing the term of service or appointment procedures. Should Council wish to proceed with adoption of the resolution, specific language establishing appointment procedures and terms of service will need to included in Council's motion to approve Draft RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING THE PATHS, OPEN SPACE, AND CREEKS COMMISSION WHEREAS, The City Council of the City of Ukiah wishes to insure the successful implementation of the Open Space, Transportation, and Conservation elements of its General Plan; and, WHEREAS, In response to community input the City Council has expressed interest in seeking and securing properties for the preservation of open space, and development of trails and pathways; and, WHEREAS, the City Council has also expressed interest in restoring, rehabilitating and enhancing the City's creeks; and, WHEREAS, in order to ensure the successful implementation of these goals and objectives the City Council adopted Ordinance No. 1045 on April 2, 2003 creating the Paths, Open Space, and Creeks Commission; and, WHEREAS, in order to implement Ordinance No. 1045, it is necessary to adopt of policies and procedures for appointing members and establishing terms of service. NOW THEREFORE BE IT RESOLVED, that the city Council of the city of Ukiah determines: 1. The Paths, Open Space, and Creeks Commission shall consist of five members as follows, 2. The members of the Paths, Open space, and Creeks Commission shall be appointed as follows, PASSED AND ADOPTED on this 16th day of April 2003, by the following roll call vote: AYES: NOES: ABSENT: ATTEST: Eric Larson, Mayor Marie Ulvila, City Clerk § 1000 §1001 ARTICLE 1. CHAPTER 4 COMMISSIONS AND BOARDS~ PARKS, RECREATION, AND GOLF COMMISSION SECTION: §1000: §1001: §1002: §1003: §1004: §1005: Creation Membership; Appointment Term Of Office; Vacancies Duties And Powers Of The Commission Expenses Of Members; No Compensation Chairperson; Officers §1000: CREATION: There is hereby created a Parks, Recreation, and Golf Commission. This advisory body shall report to the City Council. (Ord. 783, §1, adopted 1982; Ord. 916, §2, adopted 1990; Ord. 1020, adopted 1999) §1001: MEMBERSHIP; APPOINTMENT: Between June 30, 1999, and June 30, 2002, said Commission shall consist of all current members of the Golf Advisory Committee and the Parks and Recreation Commission. Effective June 30, 2002, said Commission shall consist of seven (7) members as follows: A. One member of the Ukiah Men's Golf Club. B. One member of the Ukiah Women's Golf Club. C. One member of either the Men's or Women's Golf Club. D. Four (4) at large members, at least two (2) of whom shall reside within the City limits, and two (2) of whom may reside outside the City limits but within the City's sphere of influence. 1. Ord. 537, Chapter 4, Article I and Ords. 704, 706, 718, Article l(a) are hereby repealed by Ord. 783, adopted 1982. 10/99 §1001 §1005 All members of the Commission shall be appointed by the City Council. (Ord. 783, §1, adopted 1982; Ord. 890, adopted 1989; Ord. 916, §2, adopted 1990; Ord. 935, §2, adopted 1993; Ord. 1020, adopted 1999) §1002: TERM OF OFFICE; VACANCIES: No members of the Parks, Recreation, and Golf Commission will lose their term of office by enactment of this Ordinance. All appointments to this Commission shall be for a term of three (3) years. Reappointments to the Commission shall be pursuant to Article 5 of this Chapter. (Ord. 783, §1, adopted 1982; Ord. 916, §2, adopted 1990; Ord. 1020, adopted 1999) §1003: DUTIES AND POWERS OF THE COMMISSION: The Parks, Recreation, and Golf Commission shall have the power and duty to recommend and advise on: A. Policies to be adopted and enforced for the operation, use and management of all recreation activities and facilities, parks and parkways. a. Policies for the planning of recreation and parks programs for the inhabitants of the City, promote and stimulate public interest therein, and to that end, solicit to the fullest extent possible the cooperation of school authorities and other public or private agencies interested therein. C, Policies for the acquisition, development and improvement of parks, playgrounds and facilities for recreation. (Ord. 783, §1, adopted 1982; Ord. 916, §2, adopted 1990; Ord. 1020, adopted 1999) §1004: EXPENSES OF MEMBERS; NO COMPENSATION: The members of the Commission shall receive no compensation, except such traveling expenses as are authorized by law. (Ord. 783, §1, adopted 1982; Ord. 916, §2, adopted 1990) §1005' CHAIRPERSON; OFFICERS: The Commission shall elect a chairperson from among its members for a term of one year and may elect such other officers as it may determine. (Ord. 783, §1, adopted 1982; Ord. 916, §2, adopted 1990) 10/9 9 §1100 §1102 CHAPTER 4 COMMISSIONS AND BOARDS ARTICLE 3. AIRPORT COMMISSION SECTION: §1100: §1101: §1102: §1103: §1104: §1105: §1106: §1107: Creation Members; Appointment; Term Of Office Expenses Of Members; No Compensation Chairman; Officers Meetings; Rules; Record Commission To Act In Advisory Capacity Selection Of Personnel; Advice Purchase Of Supplies For Airport; Advise §1100: CREATION: There is hereby created an Airport Commission for the City. (Ord. 512, §1, adopted 1956) §1101: MEMBERS; APPOINTMENT; TERM OF OFFICE: Said Commission shall consist of five (5) members. Except as provided herein, three (3) of the members shall be residents of the City and two (2) may reside outside the City but within the City's sphere of influence as established by the Local Agency Formation Commission. Members shall be appointed according to procedures established by resolution of the City Council. The members shall be appointed for a term of three (3) years which terms shall be staggered. (Ord. 512, §1, adopted 1956; Ord. 633, §1, adopted 1973; Ord. 718, §4, adopted 1978; Ord. 935, §2, adopted 1993; Ord. 972, §1, adopted 1996; Ord. 983, §1, adopted 1996) §1102: EXPENSES OF MEMBERS; NO COMPENSATION: The members of the Commission shall receive no compensation, except such expenses as are authorized by law. (Ord. 512, §1, adopted 1956) 8/97 §1103 §1107 §1103: CHAIRMAN; OFFICERS: The Commission shall elect a chairman from among the appointed members for a term of one year and, subject to other provisions of law, may elect such other officers as it may determine. (Ord. 512, §2, adopted 1956) §1104: MEETINGS; RULES; RECORD: The Commission shall hold at least one regular meeting each month. It shall adopt rules for the transaction of business and shall keep a record of its transactions, findings and recommendations, which record shall be a public record. (Ord. 512, §2, adopted 1956) §1105: COMMISSION TO ACT IN ADVISORY CAPACITY: Such Commission shall act in an advisory capacity to the City Council in all matters pertaining to the operations of the Municipal airport. (Ord. 512, §3, adopted 1956) §1106: SELECTION OF PERSONNEL; ADVICE: Such Commission shall aid and advise the City Manager in the selection of personnel for the operation of the Municipal airport in keeping with the provisions of the Civil Service Ordinance. (Ord. 512, §4, adopted 1956) §1107: PURCHASE OF SUPPLIES FOR AIRPORT; ADVISE: Such Commission shall recommend and advise regarding the purchase of supplies, materials and service required for the operation and maintenance of the Municipal airport. (Ord. 512, §5, adopted 1956) 8/97 {}1150 §1152 CHAPTER 4 COMMISSIONS AND BOARDS ARTICLE 4. PLANNING COMMISSION SECTION: §1150: §1151: §1152: §1153: §1154: §1155: §1156: §1157: §1158: Creation Members; Appointment Terms of Members Expenses of Members; No Compensation Chairman; Officers Meetings; Rules; Record Appointment of Officers and Employees; Contract for Services; Limitations Duties of the Commission Other Powers and Duties of Commission §1150: CREATION: There is hereby created a Planning Commission for the City. (Ord. 396, §1, adopted 1947) §1151: MEMBERS; APPOINTMENT: Said Commission shall consist of five (5) mem- bers who shall be residents of the City and shall be nominated by individual City Council members on a rotational basis pursuant to nomination procedures established by the City Council and appointed by a majority vote of the City Council. (Ord. 396, §1 adopted 1947; Ord. 632 §1, adopted 1973; Ord. 710 §1, adopted 1978; Ord. 718, §5, adopted 1978; Ord. 958, §1, adopted 1995) §1152: TERMS OF MEMBERS: Of the members first appointed under this ordinance 958, two (2) shall be appointed for a term of one year, two (2) for the term of 6/95 AGENDA I'I'EH NO: 9¢ MEETING DATE: April 16, 2003 SUMMARY REPORT SUB3ECT: POSSIBLE DTSCUSSION REGARDTNG BILINGUAL SERVICES This item has been placed on the agenda as a placeholder for a possible discussion regarding bilingual services. RECOMMENDED ACTION: N/A ALTERNATIVE COUNCIL POLICY OPTI'ONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Shannon Riley, Executive Assistant Candace Horsley, City Manager None Approved: ~ ~ ~~ ~) ~. C~'~dace Horsley~ Ci~Manager 4:CAN/ASR. Bi lingua ISvcs.41603 AGENDA SUMMARY REPORT ITEM NO. 10a DATE: APRIL 16, 2003 SUBJECT: APPROVAL OF LETTER OF SUPPORT FOR THE CALIFORNIA MAIN STREET PROGRAM AND AB 1123 In the early 1980s the National Trust for Historic Preservation created the National Main Street Program to assist in the revitalization of downtowns throughout the country. In 1985 California instituted the California Main Street program to provide the same support for small cities in California. Though unsuccessful in our attempts to secure "demonstration" status in the state program during the mid 1980s, Ukiah Main Street grew out of a grass roots effort of individuals, businesses, organizations, and the City, using the proven principles stressed by both the State and National programs. The State program provided training and has continued to be a positive source of information for economic development, job creation, faCade design, and historic preservation work being conducted by Ukiah Main Street. The California Main Street Program (CMS) is one of the many programs identified for elimination by the Governor's budget. This program requires a minimal amount of state funding, approximately $400,000 per year, and encompasses only three employees. However, CMA provides a significant return for every dollar spent. More than $39 in the form of new business creation and old business retention, job creation/retention, increased property valuation and retail sales, and decrease in storefront vacancies is realized for each dollar invested in the program. There is an effort underway to preserve CMS by placing it under the auspices of the State Office of Historic Preservation. This endeavor, AB 1123, appears to align the function to a greater degree with the National program and place the responsibility with a branch of the government having a more appropriate funding mechanism. CMS has been very helpful to the Ukiah Main Street program and thereby to the City of Ukiah. Support for the legislation, coauthored by one of our local legislators, Assemblywoman Berg, appears to be in the best interest of the City. The attached letter is crafted to express that support. RECOMMENDED ACTION: Approve letter of support for AB 1123. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine letter is to be modified, identify changes, and approve revised letter. 2. Determine support is not appropriate and take no action. Citizen Advised: Ukiah Main Street Program Requested by: Ukiah Main Street Program Prepared by: Michael F. Harris, Risk Manager/Budget Officer Coordinated with: Candace Horsley, City Manager Attachments: 1. Letter of support for AB 1123, page 1. 2. Information provided by Ukiah Main Street, including a copy of the proposed legislation, pages 2-12. APPROVE D: ~:~")~~~ Candace Horsley, Cit~Manager mfh:asrcc03 ! 0416MainStreet April 17, 2003 Honorable Senator Wes Chesbro (Governor Grey Davis) State Capitol Sacramento, CA 95845 Re: AB 1123, California Main Street Program Dear Honorable Senator Chesbro (Governor Davis), This letter is to express strong support for AB 1123, California Main Street Program (CMS). CMS is a very valuable resource, requiring minimal state funding while providing training and technical assistance for local economic development efforts. AB 1123 is an opportunity for the State to align this program with the National Main Street Program to continue its worthwhile contribution to downtowns throughout the state. Placing CMS in the Department of Parks and Recreation's Office of Historic Preservation should ensure that the strong principles espoused by this program continue to be available to the businesses and residents of California. Ukiah attempted to secure "demonstration" status when the program was first instituted by California in the mid 1980s. Though unsuccessful, we did utilize the training and expertise provided to create our own organization using the framework developed at the national level and perpetuated by the state. We continue to draw on the experience and guidance of this program as our campaign progresses. It would be a significant impact to lose the momentum generated by CMS. The City of Ukiah urges your favorable vote (signature) for AB 1123 to retain this unique function of State government which provides such positive assistance to grass roots economic activities. Sincerely, Eric Larson, Mayor c: Assemblywoman Berg mfh:letters03 0417AB1183 March 5, 2003 TO: FROM: RE: MEMBERS OF THE LEGISLATURE ASSEMBLYWOMAN NICOLE M. PARRA CO-AUTHORSHIP OF AB '1 '123, CALIFORNIA MAIN STREET PROGRAM Dear Colleagues: I write to ask you to join me in support of preserving the California Main Street (CMS) program. CMS works with the national Main Street Program run by the National Trust for Historic Preservation to provide and coordinate the training, evaluation, and communication for 39 certified California Main Street Communities helping them revitalize their downtown districts, encourage businesses to locate and invest in town centers and increase the number of jobs generated at the local level. This efficient program, which employs only three individuals to coordinate main street projects across California, was victim to a series of cuts to the Technology, Trade and Commerce Agency (TTCA) in the Governor' s 2003-2004 budget proposal. My bill, AB 1123, would transfer the program to the Department of Parks and Recreation's Office of Historic Preservation (OHP). OHP would serve as a reasonable replacement for TTCA since OHP .deals specifically with state and federal funding sources for the preservation of historic sites. It is critical that every member of the Legislature understands the financial and societal benefits of the Main Street program. A recent study for the Local Government Commission revealed that: · CMS provides a $39.22 return on every dollar invested in the program. · CMS has helped generate 6,300 new businesses since 1985. · CMS has helped create 22,000 new jobs ranging from construction to retail since 1985. When a city seeks assistance from CMS and eventually becomes certified, the results are convincing and measurable. Downtown business, retail sales, commercial property values, and retail and office rents all increase from 24% - 167%. Storefront vacancies are reduced by 67%. Considering the minimal amount of state funds that are expended on CMS, about $400,000 annually, this program deserves to assist local communities for years to come. There are currently 44 historic downtown commercial districts requesting California Main Street certification. Yes, I would like to co-author Assembly Bill 1123. Printed Name Signature Return to: Nate Solov, Office of Assemblywoman Nicole Parra. Room 2160. Fax # 319-2130. AB 1123 Assembly Bill- INTRODUCED Page 1 of 3 'BILL NUMBER: AB 1123 BILL TEXT INTRODUCED INTRODUCED BY Assembly Member Parra FEBRUARY 21, 2003 An act to add Article 8 (commencing with Section 5079.70) to Chap~ter 1.1.5 of Division 5 of the Public Resources Code, and to repeal Chapter 8 (commencing with Section 15399) of Part 6.7 of Division 3 of Title 2 of the Government Code, relating to urban development. LEGISLATIVE COUNSEL'S DIGEST AB 1123, as introduced, Parra. Urban development: California Main Street Program. Existing law establishes in the Technology, Trade, and Commerce Agency the California Main Street Program to provide technical assistance and training for small cities' government, business organizations, merchants, and property owners to accomplish community and economic revitalization and development of older central business districts and neighborhoods. This bill would transfer this program to the Office of Historic Preservation of the Department of Parks and Recreation. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature hereby declares that the Office of Historic Preservation of the Department of Parks and Recreation shall administer the California Main Street Program with its existing resources and that no additional appropriation of funds over and above that which is otherwise provided is necessary to implement this act. SEC. 2. Article 8 (commencing with Section 5079.70) is added to Chapter 1.1.5 of Division 5 of the Public Resources Code, to read: Article 8. The California Main Street Program 5079.70. The Legislature finds and declares the following: (a) The continued economic vitality of business districts in our state's smaller cities and the neighborhoods of larger urban and suburban cities are essential to community preservation, social cohesion, and economic growth. (b) In recent years these central business districts have experienced economic difficulties due to shifting population bases, changes in the marketplace, and greater competition from suburban shopping malls. (c) This decline has further eroded the ability of small businesses and property owners to renovate and enhance their commercial and residential properties. (d) Merchants in the smaller cities are also experiencing greater difficulties in obtaining financial aid at reasonable interest rates, httv://www.leein£o.ca, eov/vub/bill/asm/ab 1101-1150/ab 1123 bill 20030221 introduced... 2/24/2003 AB 1123 Assembly Bill- INTRODUCED Page 2 of 3 thereby further inhibiting their ability to develop new business as well as continue existing operations. (e) Neighborhood commercial areas in medium-sized and larger cities need to maintain their local economies in order to provide goods and services to adjacent residents, to provide employment opportunities, and to avoid disinvestment and economic dislocations. 5079.71. (a) There is hereby created within the office a California Main Street Program to provide technical assistance and trai-ning for small cities' government, 'business organizations, and merchants and property owners to accomplish community and economic revitalization and development of older central business districts and neighborhoods. The program shall operate according to a plan developed by the office with the assistance of all of the following: (1) Organizations representing merchants and governments of small cities, historic preservation interests, financial institutions, and economic development groups. (2) The California private industry councils. (3) The Office of Small Business, the Office of Business Development, and the Small Business Development Center within the Technology, Trade, and Commerce Agency. (4) The Department of Housing and Community Development. (5) The chairpersons of the following committees of the Legislature: (A) The Assembly Select Committee on Small Business. (B) The Senate Select Committee on Small Business Enterprises. (C) The Assembly Committee on Economic Development and New Technologies. (D) The Joint Committee on the State's Economy. These chairpersons shall assist in the development of the plan to the extent that their participation is not incompatible with their positions as Members of the-Legislature. (6) The California Preservation Foundation. (b) The office shall modify and expand the California Main Street Program plan pursuant to Chapter 1577 of the Statutes of 1985 to include program elements designed to assist merchants and residents in the neighborhoods of larger and medium-sized cities. (c) In implementing this program shall employ the techniques developed by the National Trust of Historic Preservation's Main Street Center, which are designed to stimulate business reinvestment, restore building facades, retain ex~sting small businesses, strengthen the local tax base, create employment opportunities, promote new businesses in downtown areasr and help to create a renewed sense of community pride. This program shall be a joint state, local government, and private sector partnership utilizing private and public financial resources. 5079.72. The plan required by Section 5079.71 shall describe the objectives and strategies of the California Main Street Program, how the program will be coordinated with existing federal, state, local, and private sector small business development and historic preservation efforts, the means by which private investments will be solicited and employed, and methods of selecting and providing assistance to participating and demonstration communities. 5079.73. In order to implement this program, the office shall do all of the following: (a) Contract with the National Main Street Center of the National Trust for Historic Preservation to assist in accomplishing the program's objectives, to provide technical assistance to the agency, and to assist in developing criteria for the selection of, and aid in httv://www.le~info.ca.~ov/vub/bill/asm/ab l l01-1150/ab 1123 bill 20030221 introduced... 2/24/2003 AB 1123 Assembly Bill - INTRODUCED Page 3 of 3 selecting, the participating and demonstration communities. (b) Designate a program manager and staff. (c) Develop objective criteria for selecting the. participating and demonstration communities. The criteria shall include, but shall not be limited to, all of the following: (1) Evidence of interest and commitment to downtown economic development and historic preservation by both the private and public sectors. (2) Evidence of potential private investment in the downtown area. (3) A downtown with sufficient historic fabric to become a foundation for an enhanced community image. (4) Organization and financial commitment to implement a long-term economic revitalization program that includes a commitment to employ a full-time, professional project manager with an operating budget. (d) Devise a method of inviting eligible communities to submit applications, select demonstration communities, and additional participating communities in subsequent years. (e) Include in the program, in addition to the demonstration communities, any city that has on the effective date of this chapter a contract with the National Trust's Main Street Center for a local main street program. 5079.74. The program established pursuant to Chapter 1577 of the Statutes of 1985 shall continue to provide services to cities with populations of less than 50,000. There shall be three pilot programs for cities with the following characteristics: (a) For cities with populations in excess of 50,000 but less than 200,000. (b) For cities with populations of 200,000 or more but less than 400,000. (c) For cities with a population of 400,000 or more. 5079.75. In order to reduce costs to the state, the office shall include in the plan a means to solicit private contributions for state and local operations of the program. 5079.76. There is hereby established in the State Treasury the California Main Street Program Fund. All private contributions, federal funds, and fees for services, if levied, shall be deposited into the fund for the operation of the program. 5079.77. The office shall include in its annual report to the Legislature a special report on the effectiveness of this program. SEC. 3. Chapter 8 (commencing with Section 15399) of Part 6.7 of Division 3 of Title 2 of the Government Code is repealed. httv://www.leeinfo.ca, eov/vub/bill/asm/ab 1101-1150/ab 1123 bill 20030221 introduced... 2/24/2003 Assembbjwoman Pat~ Berg ~ Assembly D,~i/¢t Capitol, Room 2137 ~~, CA 9~8:t5 Email patty.ber_~@.asm, ca. gov Senator Wes Cbesbro State ~ Distr--- ~ict 2' Capitol Building :Room 5 Sacramento, CA 958t4 As a board member of the Ukiah Main Street Program, l am writing to you today in r~ds ~ -C~-.v. em~.: DoM;s?' .pmpo~ b~ c~.. lit was v~ ~eg~a~e --m~ [~ ~ .~e California Technology, Trade and Commerce Agency, of xvhich the California Main 5~reet 'Pr..o~am ..is a ~ o5 ~ ~ .oposed ~'~.flae Goer ~or d~~ov~ As you knoxv,, the California Main Street Program is a downtown revitalization program .practiCe~?: ~ ~ cites ~mss ~ ~.t--:e. ~t ~ ~ .~o~ s~e ~ ~~ty r~~~ economic development program that boosts the sales tax generated from the centers of oar. ~,fies, i,~t~ '~ 'Dad", .~ '~ ",ames .wt~n c~ifies ~e s~ng mit;lions to r¢-crea~ nostalgic pedestrian friendly shopping districts,. Main Street cities are engaged in this "ultimate r~d/ng .~.o~am". From a local level, the loss of a central Main Street Program xvould be a devastating loss. 'Our stuff, .mad :-fl~ -.s--.t~,fof coundess o.fl~r ~n ~5tve~ ~~ ~~fly rdy on ~ state pro,am for advice or assistance. They frequently consult with the state staff about ~d issue, commia~ ~~, ~ v~iom o~ c~piex iss~, ~t ~ wn a ~~ basis. Over the years a nehvork, a ~e communi~, has been established, developed, and and valuable resoume would be gone. And what about communities that want to start revitalization efforts? Who will be there :to gaide and assist them? t have seen o:- .ther s-rote.. '~n 'Street Progrmm cat from budgets and have watched as they slowly crumble into non-existence. Being part of a state network Ient credibility m ~eir local efforts.,, a toss that is now being felt &amaticalty at the local level as city contracts come up For renewal. Although the California Main Street Program has relied on the State of California for support, it is important to note that as a state .program it has had the same armuaI budget and staff since 1990, about $350,000 per year. Even more noteworthy is the ihct that local communities_put _up all the local ~nds, so, the small investmem of state fuva:ls is leveraged close to 20 times in a given year, which is an excellent investment of .mx~...~.yet~'s.. timdS tbt long, term community -and bm/ness benetit As the elected representative of our district, I am ur~ng you to support the California Main SlreeI Program in '.light of the .proposed bmtgeI c.uls. I would be laa~r~py to meet with you or discuss the issue further if you any questions or concerns. Date: Assembly Budget Committee State Capitol, Room 6026 Sacramento, CA 95814 Dear Assembly Budget Committee, Main Street supports the preservation of funding for the California Main Street (CMS) program in the 2003-2004 budget. This efficient program, which employs only three individuals to provide in-depth training and technical service to more than 70 communities, including 40 certified CMS Communities across California, was victim to a series of cuts to the Technology, Trade and Commerce Agency (TTCA) in the Governor' s 2003-2004 budget proposal. CMS works with the national Main Street Program run by the National Trust for Historic Preservation to provide and coordinate the training, evaluation, and communication for 40 certified California Main Street Communities helping them revitalize their downtown districts, encourage businesses to locate and invest in town centers and increase the number of jobs generated at the local level. It is critical that the Budget Committee understands the financial and societal benefits of the Main Street program. A recent study for the Local Government Commission revealed that: · Nationally, MS provides a $39.22 return on every dollar invested in the program. · CMS has helped generate 6,300 new businesses since 1985. · CMS has helped create 22,000 new jobs ranging from construction to retail since 1985. · The California Main Street Alliance estimates that CMS annually helps contribute $2.5 million to this state in sales tax revenue. When a city seeks assistance from CMS and eventually becomes certified, the results are convincing and measurable. The average storefront vacancy rate for participating communities has declined by 76%. Retail and office rental rates have increased 65% and 71% respectively. The net number of businesses has increased 24%, and the net number of jobs has increased 31%. Considering the minimal amount of state funds that are expended on CMS, about $400,000 annually, one-half of the national average, this program deserves to assist local communities for years to come. There are currently 44 histodc downtown commercial districts requesting California main Street certification. Sincerely, CALIFORNIA TECHNOLOGY, TRADE AND COMMERCE AGENCY 1102 Q Street, Suite 6000, Sacramento, CA 95814 NEWS RELEASE FOR IMMEDIATE RELEASE Contact: Norman Williams (916) 322-6433 July 26, 2002 Tina Woo Jung (916) 323-9880 TTCA ANNOUNCES HUNDREDS OF NEW JOBS & BUSINESSES CREATED IN 2001 BY CALIFORNIA MAIN STREET PROGRAM The California Main Street Program helps restore the economic, social, cultural and environmental vitality of historic central business districts. SACRAMENTO - The California Technology, Trade and Commerce Agency (TTCA) is announcing today its California Main Street Program investment statistics for 2001. The state's 37 Main Street districts*, which promote and support the revitalization of historic central business districts, reported the creation of 2,378 new jobs and 586 new businesses last year. The districts also reported 53 public improvement projects valued at $21 million and 201 private design projects valued at $101.7 million. "Our California Main Street Program is proving why it's so important to preserve these one-of-a-kind historic districts, because they can generate new jobs and businesses," said TTCA SeCretary Lon S. Hatamiya. "Our Program provides the leadership needed to train community members to revitalize their older central business districts. This helps preserve the state's history and culture for all Californians to enjoy for generations to come." Since its inception in 1985, the California Main Street Program has helped generate a total of 6,887 new businesses and helped create 24,508 new jobs. The Program also reports a cumulative investment orS184 million in 515 public design improvement projects and an investment of $262 million in 3,214 private facade and building rehabilitation projects. For more information visit <http://commerce.ca. gov/>, keyword "Main Street." The state created the California Main Street Program in 1985 after joining a national movement developed by the National Trust for Historic Preservation's National Main Street Center. The state Program follows the goal of the National program that is designed to revitalize the economic _%- health of historic central business districts, improve the quality of life of people in those areas, and ensure an historic district's place as the heart of a community. The National program has successfully bolstered the economic health and development of 1,650 communities nationwide since 1980, including $16.1 billion in public and private reinvestment, and the rehabilitation of 88,700 buildings. The National program calculates that the average reinvestment per community is $9.7 million. The ratio ofreinvestment, which is the average number of dollars generated in each community for every dollar used to operate the local Main Street Program, is $39.96 for every dollar spent. For more information visit www.nthp.org <http://www.nthp.org/>. The California Technology, Trade and Commerce Agency serves as the state's principal catalyst for innovation, investment and economic opportunity, enhancing the quality of life for all Californians. Page 1 of 2 Joy Beeler From: To: Sent: Subject: "Craig - Mainstreet Hanford" <craig@mainstreethanford.com> "Joy Beeler (E-mail)" <joymainstreet@pacific.net> Wednesday, March 26, 2003 8:52 AM Fw: More Support! Joy, A couple more have been added, but this is pretty close to current. Craig ~ Original Message -- From: So_!o V~__N__a__t__h_a_0 To: 'C[a!g - Mainstreet Hanford' Sent: Thursday, March 13, 2003 10:27 AM Subject: RE: More Support! List of members who have agreed to co-author AB 1123 California Main Street Program Representative Main Street Site Senator Ducheny (40th) Coronado Senator Perata (9th) Alameda, Berkeley, Livermore, Oakland, Richmond Senator McPherson (15th) Monterey Assemblyman Vargas (79th) Coronado Assemblyman Maldonado (33rd) San Luis Obispo, Paso Robles Assemblywoman Wiggins (7th) Vallejo Assemblywoman Hancock (14th) Berkeley Assemblywoman Bates (73rd) Oceanside Assemblyman Maze (34th) Lindsay Assemblywoman Montanez (39th) Pacoima Assemblywoman Berg (1 st) Arcata, Eureka, Lakeport, Ukiah ..... Original Message ..... From: Craig - Mainstreet Hanford [mailto:craig@mainstreethanford.com] Sent: Wednesday, March 12, 2003 5'13 PM 3/26/2003 ITEM NO. 10b DATE: APRIL 16, 2003 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION AND APPROVAL OF MENDOCINO SOLID WASTE MANAGEMENT AUTHORITY (MSWMA) ANNUAL BUDGET As a member of the Mendocino Solid Waste Management Authority (MSWMA), the City Council reviews and approves the annual budget before its final adoption by the MSWMA Board. General Manager Mike Sweeney has provided the draft annual budget and report, which describes the various programs under MSWMA's purview as well as pertinent information for the Council's consideration. Due to numerous reductions, including transfers to depreciation and Reserve fund, recycling block and oil grants expenses, electronics recycling costs, the proposed budget is approximately $40,000 less than last year's. Staff recommends approval of the budget. The programs under MSWMA's control are well run and assist the City of Ukiah in meeting its State reporting requirements and recycling goals. RECOMMENDED ACTION' Approve MSWMA's 2003-2004 Budget. ALTERNATIVE COUNCIL POLICY OPTIONS' N/A Citizen Advised' Requested by: Prepared by: Coordinated with' Attachments' N/A MSWMA Candace Horsley, City Manager Mike Sweeney, MSWMA General Manager 1. MSWMA's Annual Report and 2003-2004 Budget. APPROVED: .... (;"~','~ Candace Horsley, C}~ Manager mfh :asrcc03 0416MSWMA Mendocino Solid WaSte Management Authority A joint powers public agency Michael E. Sweeney General Manager P.O. Box 123 Ukiah, CA 95482 Telephone (707) 468-9710 Fax (707) 468-3877 sweeney~paci ftc. net April 1, 2003 Candace Horsley, City Manager City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 RE: MSWMA Budget Review Dear Candace: Pursuant to the joint powers agreement, MSWMA transmits a proposed budget to its member jurisdictions for their review and comment, if any. The MSWMA Board considers any comments received and adopts a final budget in June. Enclosed are seven (7) copies of an Annual Report/Budget Review. Consideration by the Council at the earliest possible date would be appreciated. Please let me know if you would like me to attend, or if you have any questions. Manager enclosures Illegal dump cleanup Hundreds of roadside cleanup stops are made each year by MSWMA technicians. One of the larger projects in 2002 was at Mina Road near Covelo, where 57 cubic yards of trash, 28 tires, eight appliances, and this camper were hauled up a steep slope. The cleanup was carried out with assistance fi.om the County road department. MSWMA also reimburses disposal fees for individuals and organizations that undertake cleanup projects. MSWMA annual report - page 4 AGENDA SUMMARY REPORT Item No. 10c Date: April 16, 2003 SUBJECT: AUTHORIZATION FOR MAYOR TO EXECUTE A MEMBER AGREEMENT FOR FINANCING OF PLANNING AND DEVELOPMENT ACTIVITIES OF HYDROELECTRIC PROJECT NUMBER TWO RELATIVE TO THE POE HYDROELECTRIC PROJECT The Poe Hydroelectric Project is a hydro power plant located on the North Fork Feather River, near Pulga, California. Pacific Gas and Electric Company currently operates this 147 Mw plant under a license from the Federal Energy Regulatory Commission (FERC), which was originally granted in 1953. This operating license is due to expire in September 2003. Upon the expiration of the license, the Federal Energy Regulatory Commission will entertain applications for a renewed license. The Northern California Power Agency (NCPA) along with the City of Fremont and Butte County wish to submit a competing application for the project. NCPA and the Project Members have evaluated the potential for obtaining a license for the Poe Hydro Project from the FERC through license application in competition with the application of Pacific Gas and Electric Company and has filed with FERC its Notice of Intent to file an application. The City of Fremont and the County of Butte wish to share the costs and benefits with NCPA of pursuing and securing a license for the Poe Project and to have NCPA provide project management. NCPA staff has evaluated the cost of energy from this project and has determined that the energy savings from the project would be significant. The estimated cost of energy from this project was determined to be $0.02/Kwh. Energy from this project would be used to replace the decreasing energy from the Geothermal Projects due to steam production deterioration. In addition, this project would have the impact of reducing the melded cost of energy delivered from the other NCPA generation sources. (Continued on Page 2) RECOMMENDED ACTION: Authorize Mayor To Execute A Member Agreement For Financing Of Planning And Development Activities Of Hydroelectric Project Number Two Relative To The Poe Hydroelectric Project. ALTERNATIVE COUNCIL POLICY OPTIONS: Deny Authorization and provide direction to Staff. Citizen Advised: Prepared by: Coordinated with: Attachment: N/A Darryl L. Barnes, Director of Public Utilities Candace Horsley, City Manager 1. Member Agreement 2. Project Fact Sheet APPROVE D: ¢(""~¢ -~'~/k/'"'~" -~ ~ Candace Horsley, Manager AUTHORIZATION FOR MAYOR TO EXECUTE A MEMBER AGREEMENT FOR FINANCING OF PLANNING AND DEVELOPMENT ACTIVITIES OF HYDROELECTRIC PROJECT NUMBER TWO RELATIVE TO THE POE HYDROELECTRIC PROJECT April 16, 2003 Page 2 The NCPA Commission voted to proceed with filing a competing application at its February Meeting. Participation shares were based on anticipated energy requirements for each member. The City of Ukiah has been assigned a participating share of 1.8835 %. The total cost of licensing is expected to be approximately $1.25 million of which NCPA's share would be $625,000. NCPA has approved a budget of $750,000 for new generation development and the Commission has authorized the staff to utilize the funds to support the licensing activities. Based on these estimates, the City of Ukiah's share of the budgeted amount would be $14,126.25. A schedule of events and fact sheet for this project is attached for the Council's information and review. This Second Phase Agreement is used to provide funding for the investigation of the Project and further provide working capital for study, design and development of the Project, including changes and improvements to the Project. Additionally, these funds will be used for licensing and permitting of the Project and litigating the defense of NCPA's competing license position. Costs expended under this Second Phase Agreement can be recouped from the proceeds of any bond sale for the purchase of the project. Participation in the project will require the execution of a Third Phase Agreement, which finalizes ownership of the project. Members who participate in this Second Phase Agreement are not required to participate in the ownership of the project. Should the City of Ukiah desire not to participate in this Second Phase Agreement, other members will have the opportunity to step-up and take our share of the project. Staff believes that if NCPA is successful in obtaining a license for this project the benefits to the City of Ukiah and the other participating members could be significant, by lowering our melded cost of energy. Therefore, staff recommends that the City Council authorize participation in this Second Phase Agreement. MEMBER AGREEMENT (SECOND PHASE) FOR 'FINANCING OF PLANNING AND DEVELOPMENT ACTIVITIES OF HYDROELECTRIC PROJECT NUMBER TWO THE POE HYDROELECTRIC PROJECT This Agreement, by and between Northern California Power Agency, a joint powers agency of the State of California, hereinafter called "NCPA" and its members who execute this Agreement, hereinafter called "Project Members," WITNESSETH: WHEREAS, NCPA and the Project Members are interested in developing additional power generation resources for the benefit of the residential, commercial, and industrial customers of the Project Members; and WHEREAS, NCPA and the Project Members have evaluated the potential for obtaining a license for the Poe Hydroelectric Project (Project) from the Federal Energy Regulatory Commission (FERC) through a competing license application in competition with the license application of Pacific Gas and Electric Company; and WHEREAS, in furtherance of the Project, NCPA has filed with FERC its Notice of Intent to file a timely license application under the Federal Power Act; and WHEREAS, the City of Fremont has expressed an interest in joining with NCPA in a single competing license application, and both the City of Fremont EXECUTION COUNTERPART and NCPA wish to seek authorization to make the County of Butte a co-licensee with them, if NCPA and the City of Fremont, or either of them, are issued a license for the Poe Project; and WHEREAS, the City of Fremont and the County of Butte wish to share the costs and benefits with NCPA of pursuing and securing a license for the Poe Project and to have NCPA provide project management; and WHEREAS, the September 22, 1993 Facilities Agreement provides for a second stage of project planning and design pursuant to a Second Phase Agreement, as had been provided in the Member Service Agreement; and WHEREAS, the second phase consists of all work performed after one or more participants has signed an agreement with NCPA for project study, design, or development before a Third Phase Agreement becomes effective for the financing, construction, operation, maintenance and rights to the output of an NCPA project; and WHEREAS, to advance the investigation of the Project and further provide working capital for the study, design, and development of the Project, to include changes and improvements to the Project to better enhance the public interest factors under the Federal Power Act, and the licensing and permitting of the Project, as well as managing pursuit of the Project pursuant to a cost-sharing agreement with other parties, and litigating the defense of NCPA's competing license position, NCPA and the Project Members are entering into this Second Phase Agreement; NOW THEREFORE, the parties hereto agree as follows: Section 1. Obligations Formalized - Percentage Participation- Collections and Accounting. NCPA, on behalf of itself and the Project Members, shall EXECUTION COUNTERPART prosecute a competing license application for the Project, alone or in conjunCtion with others, as provided in this Agreement. Each Project Member agrees to continue to pay or advance to NCPA, from its electric department net revenues (after the payment of operating expenses) only, its percentage participation share of the costs authorized by Project Members in accordance with this Agreement in connection with the Project prior to the issuance of a license by the FERC to NCPA or NCPA and Fremont, or the first issuance of Project bonds. Each Project Member further agrees that it will fix the rates and charges for services provided by its electric department so that it will at all times have sufficient money in its electric department revenue funds to meet this obligation. The percentage participation of each Project Member is initially established as follows: Alameda 5.3218 Biggs 0.2570 Gridley 0.5229 Healdsburg 1.1915 Lodi 7.5738 Lompoc 1.9351 Palo Alto 14.2520 Plumas-Sierra R.E.C. 1.8306 Port of Oakland 0.6889 Redding 12.8804 Roseville 16.0598 Santa Clara 33.5810 Truckee Donner Public Utility District 2.0216 Ukiah 1.8835 100.0000% EXECUTION COUNTERPART The percentage participation share of each Project Member shall be revised proportionately if less than all NCPA members become Project. Members on the effective date hereof, and thereafter if and when any Project Member withdraws in whole or in part. Any Project Member wholly withdrawing shall thereupon cease to be a Project Member for all purposes except for purposes of Sections 4 and 7(c). After the expenditure of the $750,000 heretofore appropriated for licensing activities in the Annual Budget for Fiscal Year 2003-2004, NCPA shall demand from each Project Member its share of its agreed to financial commitment on a concurrent basis. Any part of such demand by NCPA which remains unpaid for sixty days after its billing date shall bear interest from such sixtieth day at the prime rate of the Bank of America then in effect computed on a daffy basis plus two percent until paid. Interest so earned shall not change any Project Member's participation percentage, and shall become a part of the working capital account defined below. The funds advanced according to this Section 1 shall be used to establish a working capital account when approved by the Project Members, and in an amount and subject to any limitations approved by the Project Members. Nothing in this Section 1 shall be construed to prohibit a Project Member from satisfying its financial commitments from unencumbered funds otherwise on deposit at NCPA. Section 2. Financing. Limited Rights to Participate in Final Implementation and (a) Discretion - Disposition of Power. In consideration of the payments provided for in Section I hereof, each Project Member who has not EXECUTION COUNTERPART wholly withdrawn, or who is not then in default, shall have an exclusive option to enter into a Third Phase Agreement for all or a part of its particiPation percentage of all power made available to NCPA from the Project. (b) Increase in Purchases. A Project Member can, at the time of entering into the Third Phase Agreement, purchase more than its participation percentage of Project power if additional power is available by reason of the non- participation in the Third Phase Agreement by one or more Project Members. Such excess power shall be reallocated among those who do participate in the same proportion as their shares bear to the total shares of those who do participate. If Project Members so entitled do not wish to contract for all the excess power, such remaining excess shall be disposed of as agreed to by the Project Members. (c) Exercise and Effect of Taking Less Than Full Entitlement. The Project Members shall establish the terms and provisions of an agreement to purchase power of the Project prior to the expiration of this Agreement, to be known as the Third Phase Agreement. They shall also establish the date by which the Third Phase Agreement must be executed by Project Members and delivered to NCPA if they are to participate in the purchase of power from the Project. Failure to execute the Third Phase Agreement for any of its total participation share and to deliver it to NCPA by that date or 30 days after Project Member receipt, whichever is later, will be an irrevocable decision on the part of that Project Member not to purchase any such power or otherwise participate in the Project. Execution and delivery of the Third Phase Agreement for less than its original total participation percentage, and delivery of that Project Member executed agreement to NCPA by the date established or 30 days after Project Member's receipt, whichever is later, will likewise be an irrevocable decision on the part of that Project Member not to purchase any such power in excess of the EXECUTION COUNTERPART share set forth in its delivered agreement. Supplemental agreements or other agreements will be entered into for the excess or surplus power. The procedure for processing supplemental agreements shall be consistent with those prescribed immediately above in this subsection (c) for making purchases of power. Failure to return an executed agreement for any additional power within the prescribed period is an irrevocable decision not to purchase such additional power. The Project Member making any herein defined irrevocable decision not to purchase all of its original share of power shall be foreclosed from receiving, and shall be relieved of further burdens related to, power which it has declined to purchase or further expense relative to the future development of the Project. Section 3. Member Direction and Review. NCPA shall comply with all lawful directions of the Project Members with respect to this Agreement, while not stayed or nullified, to the fullest extent authorized by law. Actions of Project Members, including giving above directions to NCPA, will be taken only at meetings of authorized representatives of Project Members duly called and held pursuant to the Ralph M. Brown Act. Ordinarily, voting by representatives of Project Members will be on a one member/one vote basis, with a majority vote required for action; however, upon request of a Project Member representative, the voting on an issue will be by percentage participation with a 65% or more favorable vote necessary to carry the action. Any decision related to the Project taken by the favorable vote of representation of Project Members holding less than 65% of percentage participation can be reviewed and revised if a Project Member holding any participation percentage gives Notice of Intention to seek such review and revision to each other Project Member within 48 hours after receiving written notice of such action. If such Notice of Intention is so given, any action taken specified in the Notice of Intention shall be nullified, unless the NCPA EXECUTION COUNTERPART Commissioners of Project Members holding at least 65 % of the total participation percentage then in effect vote in favor thereof at a regular or specially called meeting of Project Members. If the Notice of Intention concerned a failure to act, such action shall nevertheless be taken if NCPA Commissioners of Project Members holding at least 65% of the total Participation Percentage vote in favor thereof at a regular or specially called meeting of Project Members. Section 4. Conditional Repayment to Members. All payments and advances made heretofore, and those hereafter made pursuant to Section 1, excluding interest paid on delinquent payments, shall be repaid to each of the Project Members making such payments and advances pursuant to this Agreement out of the proceeds of the first issuance of the Project bonds or as and when there are sufficient funds available from the partial sale of bonds. Such reimbursements shall be made within 60 days following the sale of any Project bonds. If NCPA is not successful in financing the Project, there shall be no reimbursement except out of unused Project funds along with all other receipts to which NCPA is entitled in connection with the Project. Section 5. Term. This Agreement shall take effect on April 24, 2003, or whenever executed by NCPA members holding 85% of the initial percentage participation, whichever is later, and it shall not take effect at all if not in effect by June 30, 2003. This Agreement shall be superseded by the Third Phase Agreement into which Project Members shall enter any time prior to the issuance of the Project bonds, pursuant to Section 2, except that Section 4 shall remain in effect. Changes in this provision, except as to Section 4, shall be in accordance with Section 3 hereof. Section 6. Financial Commitments. Each Project Member agrees to a total financial commitment for its respective percentage participation of a total sum, EXECUTION COUNTERPART including payments and advances heretofore made, up to $2 million in costs allocable to NCPA as authorized and approved by Project Members. From time to time as needs arise, representatives of Project Members may, by a favorable vote as provided in Section 3, authorize an increased financial commitment above $2 million which can be shown to support the completion of the Project, but only after 30 days' written notice of such proposed increase has been given to all Project Members. Section 7. Assigrrment. (a) Notwithstanding any other provision of this Agreement, if NCPA shall require funds to carry out the terms of this Agreement prior to the receipt of adequate funds from the Project Members, it may assign its right to receive any payments under this Agreement to a bank or other financial institution to secure a borrowing by NCPA or in exchange for an amount of money equal to the then present value of those payments, as determined by NCPA. Project Members hereby consent to such assignment, and upon notification in writing by NCPA, each such Project Member will make each such assigned payment directly to the assignee. The assignee shall not be liable to Project Members for the amounts so assigned, and NCPA shall use the proceeds of such borrowing or assigrunent for the. purposes provided into this Agreement. If an assignment is made under this section, then upon the failure of any Project Member to make any payment so assigned, the percentage participant share of each non-defaulting Project Member shall be automatically increased for the term of the assignment pro rata with that of the other non-defaulting Project Members, and the defaulting Project Member's share shall (but only for purposes of computing the respective percentage participation shares of the non- defaulting Project Members) be reduced correspondingly; provided that the sum EXECUTION COUNTERPART of such increase for any non-defaulting Project Member shall not exceed without written 'consent of the non, defaulting Project Members an accumulated maximum of 25% of the non-defaulting Project Member's original percentage participation share. If the Project Member shall fail or refuse to pay any amounts due to NCPA, the fact that other Project Members shall increase their obligations to make such payments shall not relieve the defaulting Project Member of its liability for such payments and any Project Member increasing such obligation shall have a right of recovery from the defaulting Project Member to the extent of such respective increase. In addition, NCPA may terminate the provisions of this Agreement insofar as they entitle the defaulting Project Member to its percentage participation share of Project output. (b) For the purposes of such assignment, NCPA may fix and schedule the total amount payable by each Project Member into any number of semi-annual payments, not less than four nor to exceed ten, and the dates on which such payments will be made, and each Project Member agrees to abide by such schedule. NCPA shall provide a reasonable opportunity for any Project Member to prepay its total obligation. (c) After such an assignment is made, no Project Member may avoid the obligation so assigned by withdrawal pursuant to Section 7 hereof or otherwise. Section 8. Withdrawal From Further Participation. If at any time following the execution of this Agreement, there is an increase in the financial commitment beyond that contemplated in Section 6, Project Members may EXECUTION COUNTERPART partially withdraw, i.e., from participation in the increase, or may withdraw wholly from the Project. Any .withdrawal shall be subject to honoring any commitments made by them or on their behalf pursuant to authorization of this Agreement. To withdraw, such Project Members shall give NCPA written notice of such withdrawal, in part or in whole, within thirty (30) days of the receipt of the notice by them of the increase. Section 9. Voting Rights and Duration. A Project Member is participating for purposes of Section 3 percentage voting until it completely withdraws, but a partial withdrawal will result in a reduction in its percentage participation share to the ratio of its payments after such withdrawal to the total amount of payments by all Project Members after such withdrawal. When the Third Phase Agreement is executed, or revised, revised participation percentages for voting shall be established by dividing the amount of power agreed to be purchased by each Project Member by the total amount of power to be purchased by all Project Members except that the 65% of percentage participation specified in Sections 3 and 9 shall be reduced by the amount that the percentage participation of any Project Member shall exceed 35%, but such 65% shall not be reduced below 50%. Section 10. Quorum Defined. The presence of either a majority of the Project Members, or of Project Members then having a combined participation percentage of at least 65%, shall constitute a quorum for the purpose of action. IN WITNESS WHEREOF, each Project Member has executed this Agreement with the approval of its governing body, and NCPA has authorized this Agreement in accordance with the authorization of its Commission. 10 EXECUTION COUNTERPART NORTHERN CALIFORNIA POWER AGENCY By: By: CITY OF BIGGS By: By: CITY OF HEALDSBURG By: By: CITY OF LOMPOC By: By: PLUMAS-SIERRA RURAL ELECTRIC COOPERATIVE By: By: CITY OF ROSEVILLE By: By: CITY OF ALAMEDA By: By: CITY OF GRIDLEY By: By: CITY OF LODI By: By: CITY OF PALO ALTO By: By: CITY OF REDDING By: By: CITY OF SANTA CLARA By: By: 11 EXECUTION COUNTERPART TRUCKEE DONNER PUBLIC UTILITY DISTRICT By: By: CITY OF UKIAH By: By: 12 EXECUTION COUNTERPART POE HYDROELECTRIC PROJECT Project Location: Installed Capacity: Average Generation: Normal Max. Flow: Plant Type: FERC License Issued: License Expiration: PG&E Book Value: PG&E's estimate of the cost of power: NCPA's estimate of the cost: North Fork Feather River - near Pulga, CA. 142.83 MW 558 GWH (1999- 2001) 2310 cfs Run of River- limited storage Sept. 1953 Sept. 2003 $17 million $13.6/MWh $20.O/MWh Re-license Application filing date by PG&E: Re-license Application filed by PG&E: PG&E sought to backdate Poe License date with FERC: NCPA Intervened- asked FERC to reject PG&E's motion: FERC denied PG&E' request, and opens up competitive license proceedings: NCPA Appealed FERC's Order to grant preference to PG&E in the 9th Circuit Court: Revised FERC Application filing date: MOU execution date (expected): Initial Consultation Package to be mailed to the Resource agencies, and public: Sept. 30, 2001 October 2, 2001 (late- 2 days) October 12, 2001 November 19, 2001 January 16, 2002 June 2002 January 2004 March 2003 March 2003 a. Digital video camera with DVD recording capability b. Modulator for live broadcast c. Audio hookup into existing system d. Professional tripod e. Lighting 2. That we direct staff to negotiate arrangements with Adelphia for the airing of City Council meetings live and at least two more times during the week. 3. That we advertise and interview for a professional level camera operator. 4. That we commit 10% of the Cable Franchise Fee to a separate reserve fund for ongoing expenses, possible upgrades and future purchases into the system if franchise negotiations continue to be delayed. ,As an alternative, we may want to consider a contract with someone who has all or part of the requisite equipment needed to televise meetings thus saving on initial expenses incurred. This proposal would be an interim solution for the time between now, when the franchise negotiations are completed and when new equipment would be purchased and installed. The price tag is small and the benefit to the community is obvious. Giving Ukiah citizens greater access to government meetings through public-access television deserves our support. Anything that might improve public awareness of and participation in government has to be good for democracy. Access Television and The Future of Public Participation Page 1 of 3 September 2000 Access Television and The Future of Public Participation by Hal Conklin The use of government access television has been the single greatest contributor to positively increasing public participation in local government decision-making in the last decade. The California Center for Civic Renewal recently completed a study showing that this medium has dramatically increased the public's understanding of local issues and increased their trust of local government. Between 1993 and 2000, the California Center for Civic Renewal conducted surveys in 226 cities, 164 school districts and eight counties throughout the state to determine how they used public access television to increase awareness of local government activities. Out of the 398 jurisdictions surveyed, 147 had committed funding for government access channels. The growth of the financial commitment made by local governments to public participation through television has grown by 385 percent in the last 10 years. In 1989, local governments in California spent $3.9 million to support government access television. By 1994, that commitment had grown to $6.8 million. Today, that commitment has dramatically increased to $15 million per year. Information Sharing vs. Local Programming Government access channels are most commonly used to cablecast public meetings, such as city council, planning commission and community meetings. Cablecasting local government meetings helps citizens better understand local issues. Communities in major markets find that their access channel is watched by many viewers for local events that would never make it onto the commercial stations. In cablecast cities that are proposing local bond elections, voter understanding of the issues appears to be clearer and, consequently, the bond issue has a better chance of rising or falling on its own merits. According to one mayor: "Often, people would approach me in the supermarket and talk to me about the debate they watched at the previous night's council meeting. When I would ask them why they were attracted to a meeting that I admittedly had trouble staying awake through, they would say, 'Actually it was quite interesting. I had no idea that the city was facing this kind of issue. We never get to really know what is going on in our own town, and we felt that we had an insider's view.'" The second most common use for cablecasts is to educate the community about local services, ranging from how the fire department responds in emergencies to how the local library meets residents' needs. Many cities now house vast libraries http://www.westerncity.com/AccTelSeptOO.htm 4/9/2003 Access Television and The Future of Public Participation Page 2 of 3 of cable programs. In many ways, this is an underused resource, because other cities could use these videos on their own systems, but no one has categorized them and made them available to other communities. Many communities have far-ranging creative programs that are unique in their approach to reaching residents. The Oakland school district has a remarkable "Homework Hotline." Every weekday afternoon, students can watch from their homes and call with questions about their assignments. Teachers answer their questions on live television while the rest of the community watches. A phone bank of 25 tutors is also set up in the studio to answer questions that never make it on the air. The show has 30,000 contacts per year. In one creative program, a student sang the entire periodic table of the elements to a rap beat. In Palm Springs, the city dedicates 84 hours per month to senior citizen programming. In Huntington Beach, every city council member and department head gets two one-hour shows each year to talk about what their department does or to air a debate on a critical issue facing the city. Many cities run programs for other local jurisdictions such as water, conservation or transportation districts. In Santa Monica and West Hollywood, old classic movies from the cities' library collection are aired with spots that invite the public to come to the library to check out the broad range of available videos. Understanding how local government operates is often taken for granted by insiders, but the average citizen often doesn't have a clue how the system works. This is where a government access channel plays a major educational role. Kids Take the Lead In Burbank, for example, the city hosts a weekly show called "Meet the Mayor," where anyone can call the mayor, ask a question about city issues, and see their question answered on live television. In Santa Barbara, when I served as mayor, we hosted 30 fourth-grade students and let them ask questions about the city. Kids would ask innocent and naYve questions that we would answer with basic information. The parents who were sitting on the sidelines would comment afterward that they had no idea what the answers were to their childrens' questions, but that they would be too embarrassed to ask the same kind of naYve question. Letting children ask the questions was a great way to educate the adults! Increasing Public Participation In 1996, the Southern California Association of Governments (SCAG) was looking for ways to increase public participation in regional transportation planning. Under federal guidelines, future transportation allocations had to be tied to a public participation process. When SCAG held two public hearings, the first hearing attracted five people and the second attracted 30. This was deemed unacceptable as "public participation" for the expenditure of billions of dollars in the largest population base in California. The California Center for Civic Renewal set up a series of test programs, using local government access channels as a method for reaching into peoples' living rooms to solicit their input. Five separate test models were tried throughout the six-county region. The most successful program was implemented in Orange County, where the public hearing was replaced with a "Community Dialogue" hosted at the Huntington Beach City Council Chamber. With an invited audience of interested parties, a televised talk show featured interviews with four transportation and land use planners who talked about the impact of growth on the future of Southern California. The audience was invited to ask questions in a style typical of the "Oprah" show. In addition, the public was invited to call with questions that were answered on live television. Since access channels are not restricted by commercial competition, this show was run live from 7:00-9:00 p.m. on a weeknight. Because the same cable company held the franchise in nine different cities close to Huntington Beach, these other cities allowed the show to be simultaneously cablecast in their jurisdictions. Once the live show was completed, the cable company aired the same program two more times during the day. In total, the cable company estimated that more than 7,500 people watched the show - a significant increase over the dismal turnout at the earlier SCAG public hearings. Letting children ask the questions was a great way to educate the adults! http://www.westerncity.com/AccTelSept00.htm 4/9/2003 Access Television and The Future of Public Participation Page 3 of 3 How Access Channels Are Funded Most jurisdictions fund their operations through a franchise fee paid by the local cable operator. Those committing the most funding for their stations are using the full 5 percent authorized by state law. As in many other industries, the cable companies are currently merging, and many of the stations in California are being consolidated by AT&T. While the City of Los Angeles has the largest local access budget, the next 15 largest access channels have significant budgets, regardless of the size of the community. Larger communities do not necessarily have larger budgets. The budget commitment is dependent upon the local government's commitment to public participation. For example, Torrance ($970,000/year) has a major commitment almost equal to that of Los Angeles ($950,000/year). The County of Santa Cruz ($507,300/year) has a bigger commitment than San Francisco ($449,000/year) and San Diego ($500,000/year). Some smaller rural areas, such as Willits ($100,000/year) and Kern County ($100,000/year), commit twice as much funding to government access as do many larger cities, such as Redondo Beach ($50,000/year) and San Bernardino ($23,000/year). Facts About Viewership Cable-dependent communities with fewer over-the-air commercial stations tend to have the highest viewership, due to the larger number of cable subscribers. However, communities in major markets find their access channel is watched by many viewers for local events that would never make it onto commercial stations. In Richmond, for example, one of the most-watched programs is the coverage of local high school sports programs. This kind of local access use is valuable because it helps to build a sense of community. Richmond conducts an annual audience survey to determine viewer interest. Most viewers watch during the prime time hours in the evening, and 57 percent watch at least once every two to three days; 67 percent watch special events and series programs; and 46 percent watch public meetings. What would be considered a large viewing audience? Some people argue that at best only 500-1,000 people watch a local access channel, while over-the-air television is attracting 500,000-1,000,000 during the same time frame. But, put in perspective of attendance at a local city council meeting, where the attendance often amounts to only a handful of people, 500 to 1,000 people showing up at a council meeting would be a front page story in the local paper. And yet, in many communities, this many people are watching their public meetings on a regular basis. For a complete copy of the Civic Television Survey, contact the California Center for Civic Renewal at (805) 564-1973, or e- m a i h <_c_c_c_ r_.~_r_a i n_.__o_r.g > , or visit _W_._.W._~,_r__a_?.....n..~...O.._r g/... ~.~_.C__C_r.._~. about Western City articles subscribe advertise job opportunities municipal marketplace search home http://www.westerncity.com/AccTeISept00.htm 4/9/2OO3 Public, Educational, and Governmental Access Channels - Localism and Diversity In A... Page 1 of 5 Public, Educational, and Governmental Access Channels- Localism and Diversity In Action Keynote speech before the Alliance for Community Media FCC Commissioner Gloria Tristani in Washington DC July 13, 2001 [As Prepared for Delivery] Good afternoon, and thank you for that kind introduction Bunnie. I am delighted to join you here. First of all, I would like to congratulate the Alliance for Community Media on your 25th anniversary. You have not only survived but thrived in the past quarter century. Having been in Washington just since 1997, I am beginning to see what a true achievement that is! Actually, one of the keys to the Alliance's longevity has to do with the clarity of your vision. Being clearly focused on your mission helps you avoid distraction or unnecessary conflict. And being clearly focused on your objective gives you credibility with Washington policymakers. That is a valuable commodity in this city. That is why I have always been very interested in the Alliance's work. And when Bunnie asked me to join you on your 25th anniversary, I was happy to accept. Today I would like to discuss your corner of the video universe. The work done by public, educational, and governmental access providers has always been valuable. At its most basic, PEG access empowers individuals and groups to use the media to educate and enrich their communities. It is television by the people and for the people. It represents the purest form of media democracy. Now, with the growing consolidation of the media, the role of PEG access is more important than ever. Industry consolidation and new technology - a "crisis" of sorts. President Kennedy was fond of observing that the Chinese symbol for the word "crisis" actually consists of two distinct symbols- one represents "danger," the other "opportunity." I think that is helpful insight for where PEG access groups find themselves today. On the one hand, cable industry consolidation is increasing the leverage of the largest cable operators in the franchising process. In the past, franchising authorities have benefited from seeing the kinds of deals other cable operators strike with their franchising authorities. But as the number of cable operators dwindles, the remaining MSOs may be able to move toward standardized franchise agreements. The result is that franchising authorities have fewer negotiated agreements from which to glean insights. That could make it harder for franchising authorities to secure the best deals for PEG access. But hopefully PEG access entities, working with the local franchising authorities, will turn this consolidation into an opportunity to grow PEG access. At a time where local regulators may fear the growing concentration of cable industry power, PEG access providers must remind everyone of their inherent Iocalism. As local control of cable systems becomes a distant memory, PEG access http://www.openchannel.se/cat/tristani.htm 4/9/2003 Public, Educational, and Governmental Access Channels - Localism and Diversity In A... Page 2 of 5 providers must capitalize on the concerns raised by consolidation. Ask your franchising authorities to put a stake in the ground. Encourage them to do what they can to counter the trend toward bigness and sameness by supporting greater resources for PEG access channels. And just when consolidation may weaken the hand of franchising authorities, the importance of getting good agreements has never been greater. This is because of rapid advances in cable technology. A prime example is interactive television. It has the potential to provide exciting new services and features for millions of cable subscribers. It could make television more enjoyable, informative, and educational. But it also could help tilt the playing field against PEG access channels. Channels overlaid with interactive capability could gain an artificial advantage for viewership over "plain old" video channels. Another issue with interactive television is the importance of PEG channels receiving accurate listings in the cable operator's electronic program guide. As channel capacity expands drastically, EPGs become more essential in helping viewers find the shows they want to watch. Not being listed in the EPG could have dire effects on PEG viewership. Cable operators must make everyeffort to bring interactive functionality to PEG channels as well as commercial channels. Nonetheless, I do not mean to oversimplify this task. No one really knows which applications will drive demand for interactive television. And bringing interactive TV functionality to PEG channels will require hard work on the part of PEG programmers. But franchise renewals are rare events, and it will be important for franchising authorities to secure cooperation on interactive TV from cable operators even if "interactive television" remains an evolving concept. A second area where new cable technology heralds both promise and pitfalls is digital cable channels. The ability to transmit video in digital format is an exciting technical advance. It allows cable operators to increase the number of channels they provide to customers. Whereas analog cable systems use a six megahertz path to transmit just a single video channel, digital cable uses that same bandwidth to transmit up to twelve video channels. Digital cable represents a sea change in the transmission capacity of cable networks. As with interactive television, digital cable could marginalize PEG channels. Sitting among 30 or 40 cable channels, three or four PEG channels are a reasonable component of cable service and can be found by people looking for them as well as by channel surfers. Sitting among hundreds of channels, three or four PEG channels could easily get lost in the shuffle. To help avoid this, cable operators should use this increased digital capacity to renew their commitment to their communities. The Vermont Public Utility Commission has taken a significant step in this area by requiring its cable operators to set aside ten percent of their broadband capacity for PEG access services. I am not an expert in cable franchising, but that decision strikes me as good public policy. It helps ensure that PEG access programmers benefit from http://www.openchannel.se/cat/tristani, htm 4/9/2003 Public, Educational, and Governmental Access Channels - Localism and Diversity In A... Page 3 of 5 significant advances in cable technology while leaving the lion's share of channels under the cable operator's control. I hope that, at a minimum, digital cable technology will encourage cable operators to allocate more channels to PEG access. PEG access channels - an antidote to media concentration. In the past few years, the radio, television, telephone, and cable industries have undergone serious consolidation. I am doing my best at the FCC to ensure a diversity of voices and delivery systems. In the area of radio, for example, the 1996 Telecommunications Act eliminated limits on national radio station ownership. One group owner, Clear Channel, has gone from owning 62 stations when the Act passed to owning roughly 1200 stations today. That concerns me. To help counter the effects of radio consolidation, the FCC -- under the leadership of former Chairman Bill Kennard - created a new service called Iow power FM radio. We believed that increased public access to the airwaves could be achieved without harmful interference and would allow smaller non-profit groups to speak to their communities over the airwaves. Congress regrettably modified our initial plan, but I am pleased to report that over 1800 non-profits have applied for licenses. I know that there are people in the audience who are Iow power FM applicants, and I applaud your patience! I am hopeful that Iow power FM licensees will produce the kind of diverse, community-oriented programming that PEG access producers have been giving us for years. In the same way that Iow power FM radio may help counter the trend toward syndicated programming, I hope PEG access providers will be beacons of diversity and Iocalism in the increasingly consolidated cable industry. After the AT&T-Media One deal, the cable industry seemed to take a breath. But earlier this week, the spark may have been lit for another round of consolidation when Comcast, the number three cable company, offered to buy AT&T Broadband, the largest cable company. As cable operators get bigger, control over programming will be held by fewer and fewer gatekeepers. This enormous power concerns me. It's one thing to say there are a diversity of voices out there, and the Internet will ensure that no one exerts undue control over America's information conduits. But look where the vast majority of Americans spend the most of their free time in front of the television. For better or worse, the content of television has far more influence on what Americans know, what they think, and how they govern themselves that whatever is on the Internet or in the newspapers. Television is a uniquely powerful and influential medium, and government regulators should think long and hard before approving another round of cable consolidation. But the more consolidation that occurs, the greater the value of PEG access programming. PEG access is an antidote to the dangers of cable industry http://www.openchannel.se/cat/tristani, htm 4/9/2OO3 Public, Educational, and Governmental Access Channels - Localism and Diversity In A... Page 4 of 5 consolidation. It is a powerful idea that part of the media should exist directly in the hands of the public rather than large corporations. The ground-up programming you get when you empower individuals to create their own shows can be a welcome contrast to the top-down, lowest common denominator of network programming. In its dealings with the nation's radio and television stations, the FCC has long promoted the goals of diversity and Iocalism. These are fundamental objectives that broadcasters should aspire to. But while I keep hoping this diversity will magically appear on television networks each fall, PEG access programming represents true diversity today. Just look what happens when you put cameras in the hands of average Americans -- they make shows that look like America. One of the true strengths of public access programming is the opportunity for different groups to produce and show programming about their own cultures. I also applaud the educational and governmental uses of PEG channels. I have long supported the use of technology to improve education. The FCC's primary focus in this area has been the e-rate. That is the plan Congress created to help schools and libraries pay for Internet connections. The e-rate plan caused some consumers' phone bills to rise by a few cents, and that generated political pressure on the FCC to scale back the program. The FCC rejected those calls, and the e-rate has proven to be a key contributor to getting all of America's classrooms connected to the Internet. In the same vein, there is little doubt that educational opportunities can be enhanced through education access channels. One-way distance learning has improved the lives of many students. I am optimistic that two-way distance learning will put a new face on education. And government access channels are, without question, an important exercise of self-governance. C-SPAN is a great contribution that the cable industry has made to Americans. It allows Americans to watch their elected leaders do the nation's business. Whether we like what we see is another matter & but the point is we can see what is going on. We can then make our views known. We canbe better-informed voters. The same should be true for local government. Allowing citizens to see their local governments in action is a vital democratic tool. I can think of no more valuable use of the communications media than to strengthen our democracy. Government access channels do that in a profound way. They allow citizens to see parts of their government they had previously only read about, if that. Democracies work best when citizens have more information, not less. And local government is an area where interactive television could add some real value. How about allowing citizens to testify about matters of city business via a two-way interactive cable network? Reduce the barriers to participation, and you will get more citizen involvement in their local governments than you ever imagined. That is one of the great promises of interactive PEG channels. Finally, I would be remiss if I did not again mention the work done by the Alliance for Community Media. The Alliance serves an important role by acting http://www.openchannel.se/cat/tristani, htm 4/9/2003 Public, Educational, and Governmental Access Channels - Localism and Diversity In A... Page 5 of 5 as a clearinghouse for PEG access best practices. There are more than 1500 access centers nationwide. Each one is a laboratory for how the cable medium can be used to further personal expression, community building, and participation in government. But for PEG access to continue to evolve and improve, the best ideas need to bubble up to the surface. The Alliance facilitates this by sharing new and creative ideas at workshops like the ones at this convention. Thank you again for the chance to speak with you, and congratulations on 25 years of service. PEG access has a great history. Do take advantage of the ongoing industry and technological changes to make an even brighter future for PEG and its participants. Back to the Global Village CA T Docu[]ent_ArchiveJ3age Main Menu http://www.openchannel.se/cat/tristani.htm 4/9/20O3 THE HISTORY OF PUBLIC ACCESS TELEVISION By Bill Olson Eau Claire Community Television Copyright 2000 by Bill Olson wdso@hotmail.com iconostar @ yahoo.com Through history, the common man has struggled for equal expression in the face of greater advantage flowing to the wealthy elite. This trend has left the common man with no forum but a soapbox on a dying street corner. Today, political will and new technologies, like portable video and cable television, have combined to give the common man a new soapbox- one which, despite attempts to control it, is spreading round the world. -- Eau Claire, Wisconsin, April 3 to May 12, 2000 FREEDOM OF SPEECH Mass media have never guaranteed access by the common man. Throughout history, each new medium seemed to tip the balance of equal expression further in favor of the wealthy elite. Literacy gave the written word to those who could afford an education. Newspapers, magazines, radio and television have had exclusive ownership, and paid advertising as a means of personal expression has been hindered by high rates. Even the notion of publicly owned airwaves has never guaranteed people automatic access to them. The common man's traditional forum has often been a soapbox in the town- square - a strong voice on a busy street corner. Today, the corner teeming with pedestrians is dying, replaced by shopping malls whose corporate owners prohibit protesters and orators. But in many communities with cable television, the common man has a new soapbox - one from which his voice can potentially reach thousands of cable subscribers. Public access TV, also called cable access, community access, community television, and PEG (Public, Education and Government), is a system that provides television production equipment, training and airtime on a local cable channel, so members of the public can produce their own shows and televise them to a mass audience. In the United States, public access depends on the cable medium. Community Antenna Television began in Astoria, Oregon, when L. E. Parsons erected an antenna atop the hotel in which he lived to receive the broadcasts of KRSC-TV in Seattle, Washington. He later extended service to the hotel lobby, then to a nearby music store, and later to residences (Gillespie, 20). THE CANADIANS Public access began long before television, when Canadian filmmaker Robert Flaherty allowed an Inuit hunter to participate in the production decisions of what became the first documentary (ibid, 27). "Nanook of the North" was released in 1922, but it would be an inspiration to a group of Canadian filmmakers in the 1960s. The National Film Board of Canada (NFB) experimented with a project called Challenge for Change, a documentary film series that was part of Canada's "War on Poverty." According to David Gee, Secretary of the Interdepartmental Committee of the Challenge for Change program, its purpose was "to create in Canadians an awareness of the need for change in order that [people] may achieve a better quality of life. The film medium permits people not only to become aware of problems facing them in their society, but of government programs that can offer real solutions to these problems" (ibid, 23). The first Challenge for Change documentary, "September 5 at Saint-Henri," went into distribution amidst "extremely negative" reactions on the part of its subjects, who suffered ridicule from their neighbors. One family was so affected that they considered pulling their children from the local school (ibid, 21). When the NFB assigned filmmaker Fernand Dansereau to a similar project in December 1966, he permitted each of the documentary's subjects (excluding politicians) to view the uncompleted film during production and editing and to censor objectionable material. He had not planned this process from the start, but said it happened by "accident" (ibid, 22). In 1967, the Challenge for Change crew went to Newfoundland's Fogo Island. The decline of the fishing industry had forced 60% of the 5,000 inhabitants into poverty. They lived in ten isolated, mutually antagonistic settlements. The film crew had intended to promote social change by producing documentaries focused on specific issues (Gillespie, 24-25, Engelman, 8-10). They modified the plan because the islanders preferred short films limited to a single interview or event (Engelman, 8). The NFB's web site lists 27 Fogo Island films, ranging in length from less than seven minutes to about 28 minutes. Titles include "Discussion on Welfare," "Joe Kinsella on Education," "The Songs of Chris Cobb" and "William Wells Talks about the Island" (Series List). The inhabitants helped select the film topics. These films had a direct impact on the Fogo Island community. For example, the people had failed to convince the provincial government to create a cooperative fish-processing plant until cabinet ministers saw the films (Engelman, 8-10). When Sony introduced the video Porta-Pak in 1968, filmmakers Bonny Klein and Dorothy H~naut convinced Challenge for Change to use it for community projects similar to Fogo Island. (ibid, 11-12) The NFB was at first reluctant. The new half-inch video system had its drawbacks: It could not at that time be transferred to two-inch video, it was not compatible with the 16 millimeter projectors that were standard in schools, and its Iow resolution confined it to a small screen. But its advantages of portability, Iow cost, and "simplicity of operation" opened the filmmaking process to non- filmmakers (ibid, 12). In 1968, H~naut and Klein went to a Montreal Slum where they trained members of the St. Jacques Citizens' Committee in video production. The committee members interviewed poor people and presented their tapes at public meetings. From 1969 to 1970, Challenge for Change co-sponsored a video project with the University of Calgary's School of Social Welfare. In Alberta's Rosedale village, which "lacked local government, water, sewers, and gas," members of the Rosedale Citizens' Action Committee were trained "to tape interviews with residents about local problems." More than half the Rosedale residents viewed the interviews at a community center, after which they formed committees to address specific problems. This led to local efforts and negotiations with business and government resulting in a new factory "and the installation of gas and water lines" (ibid, 13). H~naut and Klein had expressed hopes in 1968 that community-produced video could be merged with cable TV. In 1970, Challenge for Change supplied video equipment and training to Town Talk, a civic organization in Thunder Bay, Ontario. Town Talk also obtained four hours a week on the local cable system for community programming and began cablecasting on November 9. A lack of support and charges that radicals controlled the project doomed it to failure (Engelman, 15; Gillespie, 33-34). But H~naut said, "the lessons learned.., are important guides for future development in the theory and practice of citizen access to media" (Gillespie, 34). Other public access experiments soon followed. In the Lake St. John area of Quebec, "the school system assumed considerable responsibility" for community television, in which ten percent of the population became involved. Eventually, on July 16, 1971, the Canadian Radio and Television Commission required cable companies to provide public access channels (Engelman, 16). THE AMERICANS The Dale City (Virginia) Junior Chamber of Commerce operated what a Rand report said, "appears to be the first community-operated closed-circuit television channel in the United States." In 1968, Cable TV, Incorporated, provided a channel for the public access center (Gillespie, 35-36), but poor financing, Iow-quality equipment and lack of a permanent studio contributed to the center's failure two years later (ibid, 36, 59). GUERRILLA TELEVISION In the 1960s and 1970s, counter-culture video collectives with names like Videofreeks, Video Free America and Global Village worked to extend the role of the underground press to new communication technologies. Michael Shamberg, Paul Ryan and other video enthusiasts co-founded a video collective called Raindance Corporation (Engelman, 24). Paul Ryan had been a student and research assistant of Marshall McLuhan (ibid, 25), who believed modern technology, such as television, was creating a global village and challenging cultural values (Playboy). Ryan coined the term "cybernetic guerrilla warfare" to describe how the counter-culture movement of the late 1960s and early 1970s should use communication technology to get its message to the public (Engelman, 26). Despite an anti-technology bias in the counter-culture movement, people like Ryan and former Time-Life correspondent Michael Shamberg believed new technology held hope for social change (ibid, 26). According to Shamberg, "cybernetic guerrilla warfare" meant "re-structuring communications channels, not capturing existing ones" (ibid, 28). But Shamberg preferred the term "Guerrilla Television" (the title of his 1971 book), because despite its strategies and tactics similar to warfare, guerrilla television is non- violent (Shamberg II, p. 8). He also saw Guerrilla Television as a means to break through the barriers imposed by broadcast television, which he called "beast television" (Shamberg I, p. 32). Shamberg provided the example of NBC commentator Sander Vanocur broadcasting from a platform above a crowd of demonstrators in Washington, D.C. contrasted with a Raindance video shot within the crowed, allowing people to "speak for themselves." "Guerrilla Television is grassroots television," he wrote. "It works with people, not from up above them" (Shamberg II, p. 8). He urged combining the video Porta-Pak and cable TV to permit ordinary people to communicate a diversity of opinions to their communities (Engelman, 26-27). Shamberg wrote, "The inherent potential of information technology can restore democracy in America if people will become skilled with information tools" (ibid, 28). NEW YORK According to Engelman, public access in New York was conceived in 1968 by Fred Friendly, a television advisor to the Ford Foundation and chairman of Mayor John Lindsay's Advisory Task Force on CATV and Telecommunications. He wrote a report recommending that cable companies set aside two channels the public could lease for a minor fee (ibid, 32). Controversy peaked on July 23, 1970, just prior to the signing of a cable television franchise agreement, when actor Ossie Davis and Cliff Frazer, director of a community film workshop, criticized the agreement for not providing "sufficient participation by minorities." Others opposed the fee requirements, which were eventually dropped (ibid, 32-33). Two cable companies signed the franchise agreement with the New York City government in July 1970 to supply cable service to Manhattan (Gillespie, 36; Engelman, 32). The agreement required that Sterling Information Services and the Teleprompter Corporation make four channels available for lease - two by the city government and two by the public. Public access programming began a year later in July 1971, with a potential audience of 80,000 - the number of cable subscribers in Manhattan (Engelman, 33). Eventually, the two public access channels were cablecasting about 200 hours of programming each week (ibid, 34). 1971 was also the year WGBH foundation in Boston began a nightly half-hour show called "Catch 44," on which they allowed any local group "to air its views free-of- charge." WGBH also encouraged participants to experiment with half-inch video equipment to produce segments for the show (ibid, 3-4). Back in Manhattan, once the access channels were operational, programming was needed. Theadora Sklover established Open Channel to produce programs and to promote access use by others in the community. The Markle Foundation and the Stern Fund awarded grants to Open Channel to provide production facilities and to hire personnel who would help groups produce shows. Sklover had previously lobbied the New York State Legislature to pass a bill that would create public access. "At the time she established Open Channel," she wrote that if public access "fails, if these channels are not used, or if they carry programming that no one cares about..., or if they are utilized for the entertainment of the esoteric few, then we probably will have provided the necessary fuel for those who are fighting against the opening of this medium." Once she began facing the reality of promoting access channel use, Sklover said, "our biggest problem lies in informing the public that they can go on television .... People are used to thinking of TV as something someone else does, not as something they do." (ibid, 33). Sklover identified constituencies, organized local cable committees and trained citizens to use video equipment. She brought in over 200 professional TV and film producers, directors, writers, camera operators, audio specialists, and lighting technicians to volunteer their expertise for public access programming. Open Channel arranged air- time for groups "ranging from the Boy Scouts to black militants, from the Museum of Modern Art to church choirs." In 1972, Sklover articulated the free speech mission of community television: "We're not here to editorialize or make decisions about what people can say over the air" (Newsweek, Engelman, 34). Open Channel was one of five groups that facilitated public access productions (Engelman, 34). The others were John Reilley's Global Village, which became a leading supplier of documentaries; Raindance Corporation; People's Video Theater, which "captured untraditional forms of reportage and agitprop on videotape;" and the Alternative Media Center, which received $10,000 in equipment from Sterling Information Services for access producers (Engelman, 34; Gillespie, 37). George Stoney, an American who had been "guest executive producer of Challenge for Change from 1968 to 1970," co-founded the Alternative Media Center (AMC) at New York University in 1971 with Red Burns, a Canadian filmmaker trained at the NFB. The purpose of AMC was to ensure "that new communication technologies serve the public interest" (Engelman, 18). George Stoney's experience at Challenge for Change may have been instrumental in AMC's use of video to resolve citizens' conflicts with local authorities. AMC's documentary of a neighborhood's need for a street light, for example, bears a resemblance to the Fogo Island fish-processing plant campaign mentioned earlier (ibid, 9-10; 34). Many consider Stoney, who is today the Paulette Goddard Professor in Film at New York University (New York University), the "father of public access television in the United States" (Engelman, 19). AMC was not only instrumental in production, but also in policy-making. AMC founded the National Federation of Local Cable Programmers, which remains an important public access advocacy organization; it's "interns helped establish access centers throughout the nation;" and Stoney and Red Burns worked with FCC commissioner Nicholas Johnson to create the FCC cable access requirements in 1972 (ibid, 19). REGULATION AND FRANCHISING Advocates for public access TV won a victory in 1972 when the FCC issued its Third Report and Order, which required all cable systems in the top 100 U;S. television markets to provide three access channels, one each for educational, local government and public use. If there was insufficient demand for three in a particular market, the cable companies could offer fewer channels, but at least one. Any group or individual wishing to use the channels was guaranteed at least five minutes free. The cable companies were also required to provide the facilities and equipment with which people could produce shows (Gillespie, 91; Hollowell vol. 3, p.103; FCC...). In 1976 the rule was amended to include cable systems in communities with 3500 or more subscribers. The cable companies had no discretion. Midwest Video Corporation then sued the FCC on the grounds that it had overstepped its authority in requiring the access channels. The Supreme Court, in 1979, ruled in favor of Midwest (FCC...). This was a blow to supporters of community television, since the wording of many cable franchise agreements had relied on the FCC's order to create access channels in their communities (Hollowell vol.2, p. 107). By the time of the ruling, however, some local governments had written franchise agreements requiring cable companies to provide an access channel irrespective of FCC rules. Baldwin defines a franchise as a contract between the city and a cable company that defines the conditions under which cable service will be provided to the community (Balwin, 204). Hollowell describes examples of franchise agreements negotiated between 1978 and 1980 in New York State. In 1979, White Plains, a town of only 20,000 people at the time, required the local cable franchise to provide four access channels. In Rochester, the franchisee agreed to provide $100,000 for access production equipment and up to $83,100 a year for staff for five years. In Syracuse, the franchise required an access center and a three-person staff (Hollowell, Vol. 2, pp. 110-111). In Eau Claire, Wisconsin, an advisory committee recommended to the city council, in September 1977, that a public access center be established as part of the new cable TV franchise agreement. The access center budget was proposed to the city council in October and $10,000 was approved for 1978. Meanwhile, Wisconsin CATV secured an agreement from the L. E. Phillips Memorial Public Library to provide studio space in its basement. Wisconsin CATV purchased and installed production equipment for access use. In January 1978, the Public Access Board convened for the first time, and in March the new Eau Claire Public Access Center began producing local shows ranging "from City Council meetings to individual poetry programs" (PACT). While the Supreme Court's 1979 Midwest Video decision discouraged community TV supporters, the 1984 Cable Franchise Policy and Communications Act restored much of what had been lost. Senator Barry Goldwater wrote the act, which allowed local governments to require "public, educational or government" (PEG) channels (Sec. 611 - Baldwin, 384-385). It also barred cable operators from exercising editorial control over content of programs carried on PEG channels and absolved them from liability for that content (Sec. 638, 639 - Baldwin, 407, 180; Roberts), which addressed the free speech mission of an institution often shrouded in controversy. A year earlier, the Public Access Center (PAC) in Eau Claire, Wisconsin, was criticized for televising a tape produced by a man convicted of murdering a city police officer. Christian Bangert produced his tape while free on bail, claiming the local media's version of events would prevent him from getting a fair trial. On October 6, 1982, Bangert had been arguing with his girlfriend when Officer Robert Bolton responded to the domestic abuse call. In a struggle with Bangert, Bolton was fatally shot. Bangert pleaded no-contest and the video was shown in court at his sentencing hearing and several times on PAC's cable channel. Eau Claire Police Chief James McFarlane considered the airing of the show an insult and said it "was in poor taste." Robert Shaw, a member of the City Council (which had contributed $40,000 to PAC), said that while the City Council should not decide what programs air on PAC, the facility's executive director should (Lautenshlager, lA, 2A). Around the country, explicit sex and promotion of Nazi groups have also appeared on PEG channels. In an effort to protect children from indecent programming, Congress passed the Cable Television Consumer Protection and Competition Act of 1992. This law gave the FCC authority to create rules requiring cable operators to prohibit certain shows. When the FCC drew up such rules, the Alliance for Community Media and others brought suit (Roberts). In 1996, the U.S. Supreme Court held the law unconstitutional, in part because it required cable operators to act on behalf of the federal government to control expression based on content. According to Justices Kennedy and Ginsburg, "Where the government thus excludes speech from a public forum on the basis of its content, the Constitution requires that the regulation be given the most exacting scrutiny" (Denver Area...). CONCLUSION Public access television is not at all restricted to the United States and Canada. Today, it can be found in such places as the United Kingdom, New Zealand, Denmark, Fiji, South Africa, Austria, etc. (Global Village CAT). In Germany, Kanal Dortmund began operating in June 1985 (Small History). In Brazil, Law 8.977 of June 1, 1995, "requires cable operators to make available" six channels free "for public use, to ensure the exercise of free speech" (Hist0ria; Legisla~o). REFERENCES Baldwin, Thomas F. & McVoy, D. Stevens. Cable communication. Englewood Cliffs, NJ' Prentice Hall, 1988. Denver Area Educational Telecommunications Consortium, Inc., et al. v. Federal Communications Commission et al. (United States Supreme Court case number unknown). Engelman, Ralph. "Origins of Public Access Cable Television," 1966-1972. Columbia, SC: Journalism Monographs. Number 123, Oct. 1990. FCC v. Midwest Video Corp., 440 U.S. 689. Gillespie, Gilbert. Public Access Cable Television in the United States and Canada. New York: Praeger Publishers, 1975. The Global Village CAT. (April 23, 2000). Retrieved May 11,2000, from the World Wide Web' http://www.openchannel.se/cat/links.htm "Hist0ria do Canal." Canal Comunit~.rio de Porto Alegre. (March 2000). Retrieved May 11,2000, from the World Wide Web: http://www.canalcomunitario.com.bdhistoria_2.html Hollowell, Mary Louise (ed.). Cable/Broadband Communications Book, Vol. 2, 1980- 1981. Washington, D.C.' Communications Press, Inc., 1980. Hollowell, Mary Louise (ed.). Cable/Broadband Communications Book, Vol. 3, 1982- 1983. Washington, D.C.: Communications Press, Inc., 1983. Lautenshlager, Scott & Price, John. "Controversy Brews over Airing of Bangert Tape," Eau Claire Leader-Telegram, August 16, 1983 "Legisla~.o." Canal Comunit~.rio de Porto Alegre. (March 2000). Retrieved May 11, 2000, from the World Wide Web' http://www.canalcomunitario.com.br/legislacao.html Newsweek, Jan. 3, 1972. (Cited in Engelman, 34.) New York University / Tisch School of the Arts / Maurice Kanbar Institute of Film and Television / People / Undergraduate. (May 11,2000). Retrieved May 11,2000, from the World Wide Web: http://www.nyu.edu/tisch/filmtv/ind_people.html PACT: "The History of Public Access Community Television in Eau Claire, Wisconsin." Cable 11, Public Access Community Television. (May 2000). Retrieved May 11,2000, from the World Wide Web: http://www.cvctv.org/histo.htm "Playboy Interview - Marshall McLuhan," March 1969. McLuhan Center on Global Communications. (January 2000). Retrieved May 11,2000, from World Wide Web: http://www.mcluhanmedia.com/m_mcl_inter_pb_03.html Roberts, Jason. (October 1994). "Public Access: Fortifying the Electronic Soapbox," Federal Communications Law Journal. Vol. 47, No. 1. Retrieved May 11,2000, from the World Wide Web: http://www.law.indiana.edu/fclj/pubs/v47/no1/roberts.html "Series List: Newfoundland Project." National Film Board of Canada. (May 8, 2000). Retrieved May 11,2000, from the World Wide Web: http://www.nfb.ca/FMT/E/seri/N/Newfoundland_Project.html Shamberg, Michael & Raindance Corporation. Guerrilla Television. New York: Holt, Rinehart and Winston of Canada, 1971. (Shamberg I= first part: "Meta-Manual." Shamberg II = second part: "Official Manual." Page numbers 3 through 37 duplicate in the two parts.) "A Small History of the Open Channel Dortmund." Offener Kanal Dortmund. (Nov. 12, 1999). Retrieved May 11,2000, from the World Wide Web: http://www, ins.net/offener- kanal-dortmund/english/history.htm ADDITIONAL INFORMATION Beck, Kirsten. Cultivating the Wasteland: Can Cable Put the Vision Back in TV? New York, NY: American Council for the Arts, 1983. Bretz, Rudy. Handbook for Producing Educational and Public-Access Programs for Cable Television. Englewood Cliffs, NJ: Educational Technology Publications, 1976. Carpenter-Huffman, Polly & Kletter, Richard C. & Yin, Robert K. Cable Television, Developing Community Services. New York, NY: Crane, Russak & Company, Inc., 1974. Crandall, Robert W. & Furchtgott-Roth, Harold. Cable TV: Regulation or Competition? Washington, D.C.: The Brookings Institute, 1996. UKIAH REDEVELOPMENT AGENCY REGULAR MEETING CIVIC CENTER COUNCIL CHAMBERS 300 SEMINARY AVENUE APRIL 16, 2003 Please be advised that the Regular Meeting of the Ukiah Redevelopment Agency scheduled for April :t6, 2003 is CANCELLED. The next regular meeting is scheduled for May 21, 2003