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HomeMy WebLinkAbout2003-06-04 Packet CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 June 4, 2003 4:00 p.m. 4:00-6:10 p.m.: Review of Fiscal Year 2003-2004 Budget Accomplishments and Objectives For Various City Functions 6:30 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. INTRODUCTIONS/PRESENTATION a. Introduction of New Employee: Public Services Worker, Jerry Smith b. Presentation By Jay Johnson Regarding Video Equipment For Cable Broadcast of City Council Meetings 4. APPROVAL OF MINUTES a. Regular Meeting of May 7, 2003 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's Boards and Agencies may be judicially challenged. w CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Rejection of Claim for Damages Received from Richard H. Winkler and Referral to Joint Powers Authority, Redwood Empire Municipal Insurance Fund m 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. 8. PUBLIC HEARING (6:45 P.M.) a. Adoption of Resolution Adjusting Fees For The Ukiah Municipal Swimming Pools 9. UNFINISHED BUSINESS a. Approval of Policy for Guided Tours of the Gibson Creek Fish Hatchery 10. NEW BUSINESS a. Authorization For City Manager to Executive Professional Services Agreement Between the City of Ukiah and Omni-Means, Ltd. In an Amount "Not to Exceed" $120,000 for City-Wide Traffic/Circulation Study b. Report Regarding Implementing GASB 34: Basic Financial Statements- And Management's Discussion and Analysis- For State and Local Governments Approval of Minimum Asset Value Threshold c. Approval of Economic Development Strategy Under the Jobs Housing Balance Grant d. Discussion of Inland Water and Power Commission's Request for List of Questions and Concerns Regarding Mendocino County Water Agency's Intentions e. Adoption of Resolution Regarding AB 1039 - Councilmember Andersen f. Approval of Letters to Senator Chesbro and Assemblymember Berg Expressing Appreciation For Their Efforts Regarding the Ukiah Air Attack Base g. Consideration and Possible Approval of Extension of Franchise Agreement With Adelphia Cable 11. COUNCIL REPORTS 12. CITY MANAGER/CITY CLERK 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. AGENDA SUMMARY SPECIAL ITEM NO. DATE: JUNE 4, 2003 REPORT SUBJECT: REVIEW OF FISCAL YEAR 2003-2004 BUDGET ACCOMPLISHMENTS AND OBJECTIVES FOR VARIOUS CITY FUNCTIONS As the Council is aware, a very relevant step in the budget process is the City Council's review of the individual departments past year's accomplishments and consideration of the upcoming year's objectives. This is an opportunity for dialogue between the Council and Staff regarding the City's programs, projects, and priorities for the next fiscal year. Staff is requesting Council input on these objectives to better evaluate the needs of the community. Each department head will be present at the meeting to discuss the salient points of her/his respective objectives and accomplishments. RECOMMENDED ACTION: Review and discuss the accomplishments and objectives of fiscal year 2003-2004 as presented by Staff. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine there is no necessity to consider the accomplishments and objectives and cancel this agenda item. 2. Determine different format is desired and provide direction to staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: 1. N/A N/A ~ Michael F. Harris, Risk Manager/Budget Officer ~ Gordon Elton, Director of Finance and Candace Horsley, City Manager Department accomplishments and objectives: a. Planning, pages 1-2; b. Public Works, pages 3-7; c. Finance, pages 8-12; d. Public Safety, pages 13-15; e. Public Utilities, pages 16-18;; f. Community Services, pages 19-25; g. Airport, page 26; h. City Clerk, page 27; i. Redevelopment, page 28. Candace Horsley, City M~nager mfh:asrcc03 0604GOALS ~Z ~w~ o >' .E -- E ,4-.' E ._o 72 o I~ > t.- ~-~ o ~,e ~ '- > ~ ~ c o ~ ~ ~ ~O~E ~ ~ ~ o o ~ ~ o -- ~ o ~-~ E'~ g E E E.~ E o · o o o~ o o I i-z 0 ~ 0 0 0 0 ~ -- 0 O. 0 I.. · '"-' w~ 0 c ~ W '-._ o o~ E ._mc mE ~-~ ~q~ o ~ o ~-- ~ ~ 0 ~oo ~ ~ o~ ~ ~ 8~.~ c c c o c o~ o o o ,- ! .__ g_ U.I Z Z ._ '.~ 0 0 o o > fi > t- o > t.- I-- 0 o~o ~ >.~_ ~- -r-Fo Ii ..E 0 r .7=- ._o ._o 0 0 E N 0 · I.- ,4-, .-- E -'-' ~u~o~ ~'~0~ E~~ ~ 0 oo=.~ c~~ ~ooo ~E~~ 0 0 0 0 ~o ~o~ · - ~ ~.~~ o~0 c '- ,-- .-- cc~8 oo~ ooo~ o o o o .-- X · · ,- I 0 · 0 Or- X~ ~ · ~ 0 o o'~~ o o o 'r- © · .__ >~_ off- o~ .o c E.~ ~ o o o o o o o o × o o o'~ o b o o (D o _1 o ITEM NO. 3a DATE: June 4, 2003 AGENDA SUMMARY REPORT SUBJECT: INTRODUCTION OF NEW EMPLOYEE, PUBLIC SERVICES WORKER, JERRY SMITH The Community Services Department is pleased to introduce our newest employee, Public Services Worker, aka Animal Control Officer, Jerry Smith. Jerry has been on board for approximately two months and has been very effective in assuming the animal control duties from the Police Department. Jerry has been actively training with Mendocino County Animal Control staff and is looking forward to additional training from our own Police Department staff. Jerry is a native of Ukiah and a graduate of Ukiah High School. He was employed for many years by Masonite Corporation prior to the plant's closure. In his personal life, Jerry is a husband and father of one eight year old boy and has been involved in volunteer firefighting and Red Cross CPR in Redwood Valley. The Community Services Department is very pleased to ask you to now welcome Jerry Smith to the City of Ukiah. RECOMMENDED ACTION: Welcome Jerry Smith to the City of Ukiah. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Larry W. DeKnoblough, Community Services Director Candace Horsley, City Manager None LD/ZIP2 Cand-'~ace Ho~'~ley, City-Malager Jerry. Asr ITEM NO. 3b DATE: June 4, 2003 AGENDA SUMMARY REPORT SUBJECT: PRESENTATION BY JAY JOHNSON REGARDING VIDEO EQUIPMENT FOR CABLE BROADCAST OF CITY COUNCIL MEETINGS At a recent meeting, Council authorized staff to coordinate with Councilmember Andersen to research the purchase of equipment and identify related costs in order to implement cable broadcast of City Council meetings. Staff has met with Councilmember Andersen and Mr. Jay Johnson, the County of Mendocino Information Services Director, who is experienced with this type of equipment, to discuss the project. Mr. Johnson agreed to assist the City by researching available equipment and costs. Mr. Johnson has identified several options for the City to consider and has requested an opportunity to present the information and provide a live video demonstration to the Council. There is no action is being requested at this time, however, staff anticipates returning to Council with a proposal for specific equipment and related costs at the June 18 meeting. RECOMMENDED ACTION: Receive presentation from Mr. Jay Johnson. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Councilmember Andersen Larry W. DeKnoblough, Community Services Director Candace Horsley, City Manager None LD/ZlP2 Can~ce Horsley, City t~ager MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, MAY 7, 2003 The Ukiah City Council met at a Regular Meeting on May 7, 2003, the notice had been legally noticed and posted, at 6:32 p.m. in the Civic Ce~ Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken Councilmembers were present: Rodin, Andersen (arrived at 6: Baldwin, and Mayor Larson. Staff present: Public Utilitie Community Services Director DeKnoblough, Police Captain D; Horsley, Accounting Manager McCann, City Attorney Rapport, Engineer Sauers, Deputy Director of Public Works Sean~ and City Clerk Ulvila. City Distril ;ctor followin( Smith, Res, er 2. PLEDGE OF ALLEGIANCE Morey McCloud led the Pledge of Allegiance. 3. PROCLAMATION 3a. Walk and Roll Festival (la-13) Mayor Larson read the Proclamation proclaiming May 1 Festival in the City of Ukiah and u ed all who are able to of walking or rolling, or to do so during this year. 2OO3 and Roll the benefits throughout the Valarie Law accepted the alternative transportation strategie., telecommuting. Shethanked the ~on on b~ like an~ will be participating in ~ooling, taking the bus, or .~strian Plan. 4. MINUT 4a. Re (la-49) C~ "uni{ was seven, parag And~ March 1 noted a co~ and three on page 6, ninth paragraph, that the the use of the phrase "imminent domain" domain" and should be changed on page the Se noted a An~ because t page 12, third paragraph; first sentence should read that he is skeptical about the reality of meeting with on't have a lot of time to meet with local elected officials." The last meeting of meeting." on page 12, second sentence should read, "He attended the first Housing Element and everyone was in attendance and it was a fruitful approving the Regular Meeting Minutes of March 19, 2003 as carried by the following roll call vote: AYES: Councilmembers Rodin, ~, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. NT: None. Regular City Council Meeting May 7, 20O3 Page 1 of 16 4. MINUTES 4b. Regular Meeting of April 2, 2003 (la-65) Coun¢ilmember Andersen noted a correction to page nine, first para sentence should read, "The City Council previously took a stand against continues to be vehemently against this war." He noted a correction on page 12, fifth paragraph, first se~ "Councilmember Andersen reported that Senator Chesbro was 19th..." He noted a correction on page 13, agenda item Manager..." and that the first sentence should read, that the City has received increased concerns an homeless encampments." ~plain' should read, "City Man~ager Horsley about trash and litter M/S Andersen/Baldwin approving the Regul amended, carried by the following roll call vote: Andersen, Smith, Baldwin, and Mayor Larson. NOES: ABSENT: None. April 2, 2003 as Councilmembers Rodin, None. 4. MINUTES 4c. Regular Meetin¢ (la-76) M/S Andersen/Larson approving presented, carried by the following Baldwin, and Mayor Larson. NOES: Smith. AB~ of April 16, 2003 as :ilmembers Andersen, Councilmembers Rodin and 5. RI~ APPEAl M, :on read 9 Deal process. Se (la-86) Councilmemb~ · He n( Idwin requested that Item 'fi" be pulled from the Agenda for further his concerns relate to noise issues. Court further di awarded. And, requested that item "g" be pulled from the Agenda for ed that his concern relates to the way in which the bid was City noted that there is a revision to one paragraph on item "f". n advised that items "f and g" would be heard under New Business, 1Of'. Regular City Council Meeting May 7, 2OO3 Page 2 of 16 M/S Smith/Andersen approving items "a" through "e" of the Consent Calendar as follows: a. Received Report to Council Regarding Purchase of Command Van Equipme ~m Masterson Communications in the Amount of $6,815.26; b. Awarded Bid for 6,000 Ft. of 750 MCM Aluminum, 15 KV, XLPE Concentric Neutral, Single Conductor Cable to American Wire Grou Amour of $21,428.55; c. Awarded Bid to AC&R Service For the Purchase of Seven h Efficiency Heating and Air Conditioning Units for the Civic in the A~ of $29,680 and Approval of Budget Amendment; d. Rejected Claim for Damages Received from Curves For U [nd Refer to Joint Powers Authority, Redwood Empire Municipal , e. Adopted Ordinance No. 1046 Amending the Coverage Group Contract to 2.7% @ 55. PERS Motion carried by the following roll call vote: Smith, Baldwin, and Mayor Larson. NOES: ;rs Rodin, Andersen, ~. ABSENT: None. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMI (la-117) Morey McCloud, 301 Snuffin St. discussed maintenance of the City should seriously consid~ the pool. and felt that Rex Eiffert, 68 Whitmore national and international take away property rights, serving he uses per year out of Gibson Cre~ up to of Anton Citizens, imp~ Ireets, red and ;rty rights. ~ City il spend less time on private property, how to ends, or how much water )cus keeping the swimming pool ~, helpin~ he homeless, helping Senior visible pollution by undergrounding utilities, al Loc~ (la-222) Planning Dire~ has old on the the ish a Structure Over Fifty years Old Ukiah :ump advised that the owner of the property located at 292 East Demolition Permit to demolish the warehouse that is over The Demolition Permit Review Committee approved :h the stipulation that the future buildings reflect the design building, a storyboard documenting the history of the ~at recycled materials from the existing structure be used in construction ~uilding. He recommended Council adopt the Mitigated Negative d approve the Demolition Permit. He discussed the Historical Profile Pruden. th( followed with regard to the demolition process and the subdivision map for osed housing project and how the City could require a future project to conform conditions. Staff explained that a note would be placed on the subdivision map Regular City Council Meeting May 7, 2OO3 Page 3 of 16 regarding the architectural features and the use of recycled materials for any development on the property. These stipulations would be in effect for perpetuity and noted on the City's demolition and Assessor Parcel records. It would also be sti in the title report for any future buyers of the property. Councilmember Smith advised that the applicant is his next-door ne~, don't live close to the property in question. He inquired of the would be a conflict of interest on his part. but if there City Attorney Rapport advised that there would not be a conflict of ~st. Public Hearing Opened: 7:02 p.m. Judy Pruden, 304 So. Hortense, discussed the hi: property. She liked the idea of having afro architecture. report she prepared for th ,ith a unique style City Manager Horsley advised that the applicant ha~ City and Ms. Pruden for their willingness to partner the project work. his appreciation to the the applicant in making Public Hearing Closed: 7:06 M/S Smith/Baldwin ado ith findings 1-4. A brief discussion followed concerni~ ions. Motion carried g roll Smith, Baldwi Larson. Jncilmembers Rodin, Andersen, None. ABSTAIN: None. ABSENT: None. M/S odin a the Demoliti rmit for a structure located at 292 East Gobb t, based finding mitigated, the structure does not have hi by the following roll call vote: AYES: Councilmer :h, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: No ~SENT: None. 8b. IBLIC in of Sm Com Unit Inte~ Revising Residential Electrical Rate For ~terconnection, Establishing New Electrical Rates For Commercial, Industrial and interruptible for Small Commercial, Industrial and Interruptible Photovoltaic ~nnection and Authorizing the City Manager to Execute Agreements For All Customers Requesting Photovoltaic ,n With the City of Ukiah's Electrical System n~ ilities Director Barnes advised that the California Public Utilities Code ~ia PUC) has recently been modified and now requires that electric utilities offer ,nergy metering to serve all customer classes, not just residential. Regular City Council Meeting May 7, 2003 Page 4 of 16 Electrical Distribution Engineer Sauers explained that the California PUC outlines the requirements for utilities having customers wanting to co generate, whether it be or solar. The proposed large commercial, industrial and interruptible schedules were created to ensure all Ukiah electric customers were able in and benefit from private investment in renewable energy resources, will b limited on a per customer basis to $6,000 for residential and $25 mercial customer-generators. Discussion followed with regard to the rate proposal, rebates, costs, and how staff would deal with a proposal from development for solar generation that was above the cap insta Public Hearing Opened: 7:27 p.m. Janet Moore, Chair of the Ukiah Food Bank. considering solar power for its business and that th anization has been Heinz Cullinger inquired about the fourth rate categor~ using methane gas from the landfill. grants were available for Public Hearing Closed: 7:32 M/S Smith/Baldwin ado rate schedule and establishing rat, industrial, and interruptible photovol City Manager to execute the following roi AYES: and Mayor :hedule= None. AB~ ements members · ' Jomestic photovoltaic large commercial, Ukiah and authorizing the .ach rate schedule, carried by Andersen, Smith, Baldwin, N: None. ABSENT: None. 9. ISHED BI 9a. of Rt ution Establ Prohibition On Parkinq Vehicles Six _ Orchard Avenue Pursuant To Ukiah (lb-133) p.m. - M by the C recused himself from the meeting because his wife is hway Patrol at the project site. ~ed the chair of the meeting. Deputy C Works Director Seanor advised that on March 19, 2003, the City Ordinance No. 1044 adding Section 7154.5 to the Ukiah City Code. prohibits the parking of vehicles that are six feet or more in height at )ns designated by resolution. The California Highway Patrol (CHP) to restore on-street parking in the vicinity of 540 South Orchard th the restriction that vehicles over 6-feet in height not be allowed to park in the CHP/Department of Motor Vehicles (DMV) office. The Traffic Engineering mittee (TEC) reviewed this request at its February 18, 2003 meeting and it was Regular City Council Meeting May 7, 2OO3 Page 5 of 16 noted that restricting the height of vehicles parked along the frontage would allow better visibility for CHP officers departing on emergency response and others leaving the facility. Discussion followed with regard to the City installing the proper signage and the process whereby the Traffic Engineering Committee would height restrictions on other streets in the City and then make City Council. to the M/S Rodin/Smith adopting Resolution 2003-37 establishing vehicles six feet or more in height at 540 South Orchard Code Section 7154.5, carried by the following roll call Rodin, Andersen, Smith, and Vice-Mayor Baldwin. ABSENT: Mayor Larson. None. 7:36 p.m. - Mayor Larson returned to meeting. ~umed chair of the URGENCY ITEM: Mayor Larson announced that the action and the need for action came to the attention of agenda being posted. The Commission Representative R~ Project". He explained that matter as a result of the sponsorship of the project to raise level of concerns "Direction to )nsorship of Lake need to take immediate uent to the r and Power no Dam Raising as an urgent ~eir desire to assume Dam. M/S Smith/Baldwin to add item to ti the following ro! AYES: and Mayor None. AB~ a as 10~ New Business, carried by members ,din, Andersen, Smith, Baldwin, IN: None. ABSENT: None. = 9b. rt From (1 C~ty and the right,, betwee does not Mexican La The that strea Iow and if the Public Access to Streams memo addresses the right to use streams h either implie dedication, or prescriptive easement to access dedication would apply not just access to streams but to the use I. If there is a navigable stream or river, there is a public ation or for other public purposes, including recreation mark of the stream. The use of navigable streams crosses lands, the title to which is derived from a confirmed He explain, ~ere are is the courts have recognized an implied dedication for public use and types of implied dedication. One is called an implied in fact dedication is called an implied in law dedication. He explained that after 1972, the stepped in to this arena and has made it very easy for property owners to rnplied in law dedication or implied in fact dedications. Now, all they have to do post a sign under Civic Code Section 1008 or record a notice in the Recorders Regular City Council Meeting May 7, 2003 Page 6 of 16 Office under Civic Code Section 813 that use of their property is by permission of the owner. Discussion followed relative to the City Attorney's report and some situations were discussed. Rex Eiffert, 68 Whitmore Lane, Ukiah, voiced his opposition to pursuing public access through private property in the western hil privacy for private property owners and the potential for greater with increased traffic. of 1 UNFINISHED BUSINESS Continued Discussion of the Patriot Act of Ordinance Regarding Employee Councilmember Andersen (lb-548) Councilmember Andersen advised that he the second part of his request until a later report last night and has not had adequate time to revi, Council to discuss the Arcata ordinance and see if they w like that for Ukiah. ~er consideration of Attorney's staff He stated that he wanted ion something City Manager Horsley read asked by Council that are c ms' responses questions rt. Councilmember Andersen' Sheriff and District Attorney's agencies ' g imposing thei Captain D~ ~at the Chief need ~er agenc times to hel 1 on feels about the Act as far as federal that his biggest concern is that we ate crimes. Cou the federal indictment. Lin Dewey could imagine a scenario where to detain someone without evidence for an they more caul or work to teamwork ,lice officers are sworn to uphold the Constitution and the s as part as being sworn police officers. If they feel that any ~se issues, they wouldn't take action. He felt that the FBI is in with state officials in cases where they obtain search warrants ~n arrest warrants before taking action because they want to maintain a of culture and work closely with the District Attorney and the local law lency. th Andersen inquired as to what type of protocol would be used by the ice Department if an outside agency came in and wanted to do a particular ~t the D.A. didn't agree with it. Regular City Council Meeting May 7, 2003 Page 7 of 16 Captain Dewey explained the Ukiah Police Department doesn't have much day-to-day contact with the Sheriff's office. They've helped them investigate crimes, but they are a separate law enforcement agency. On the other hand, all of their crime 'est reports, and search warrants are funneled through the District Attorney's are then signed by a judge and go through a court system. Discussion continued with regard to the state and federal govE the local Police Department. It was noted by staff that the federal checks and balances that they would go through and they could law enforcement action, using that system and not affect the or the Sheriff's office. o Ukiah ~e ,n over et of M/S Andersen/Baldwin to hear from the public and th. concerning the ordinance. to a later date Councilmember Andersen explained that he and the City Council thinks about an nng what the public Rex Eiffert and Morey McCloud poke against any C the Patriot Act. action that concerns Janet Moore and Linda against the Patriot Act. in favor of the taking action Richard Johnson, 2147A No. Council to take a principal stand Bill of Rights, and the principals for w they would like the City of the constitution and the to take office. Jerry people rea citize~ from they are go~ governments ~erside Drive cared and h~ this project erican citizen~ that since September 11th, a lot of to the Project for a New American and that now the government can take supported the City Council making a it plain to the federal government that if rights that they need to reckon with some local nullifi the trouble we B We need reat is in. ised that what is being proposed is sort of the concept of very clearly about how we can be most effective. To him, can get the non-voting majority to wake up and realize the Councilme~ Council. Smith voiced his appreciation to the City Attorney for the report to his concern with having an additional ordinance beyond the one ady has been passed, and the question about whether the Arcata legal since it has not been tested. el ilmember Rodin expressed her interest in the comments made by Jan Moore regard to how the City might protect our local law enforcement or City staff from Regular City Council Meeting May 7, 2003 Page 8 of 16 actions that might ultimately be found by a court to be unlawful because they were abiding by the Patriot Act. She inquired of the City Attorney could provide some research on this matter. Mayor Larson explained that if a City employee refuses to cooperate witt government and if the proposed ordinance says that the City would defense for them, but there is nothing the City can do if the employee ' City Attorney Rapport explained that the worse approach is to position of either complying with a City Ordinance at the risk prosecution, or disregarding the City Ordinance, unenforceable and illegal anyway at that point because supremacy clause. Cr !robably Councilmember Andersen stated that he bro discussion. Discussion followed with regard to the content of the most of the City Council and the City staff had not noted that numerous organizations have expressed conce civil rights and civil liberties. and it was noted that in its entirety. It was regard to Councilmember Smith stat~ the city of Arcata was the cities are still researching the matte of April 13, 2003, :e. However, other M/S Andersen/Baldwin to continue roll call vote: Larson. NO date, carried by the following din, Andersen, Smith, Baldwin, and Mayor None. 10. 10a. Grant Application For Phase Tw_n (2a-447) Planning Di~ ~at as reported to the City Council last February, ~d by the California State Coastal Conservancy that additional he next phase of development for Riverside Park. It's a prcstaff wants to apply for the money and continue efforts to ThTwo development program for Riverside Park includes and actual construction activities. ;mith adopting Resolution 2003-38 supporting the grant application to Conservancy for Phase Two Development at Riverside Park; carried g roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, NOES: None. ABSTAIN: None. ABSENT: None. 8: Recessed 8: p.m.: Reconvened Regular City Council Meeting May 7, 2003 Page 9 of 16 10. NEW BUSINESS 10b. Discussion of Pesticide Use in City Parks and Adoption of Integrated Pest Management Policy- Councilmember Andersen (3a-0) Community Services Director DeKnoblough discussed the City's reducing its use of herbicides and creating greater restrictions on apl and locations. Throughout the divisions, with the exception of or termite control, the City does not use pesticides, particularly in~ toxicity level. He reviewed his Staff Report in which he reported herbicide use in the City's parks, herbicide reduction effo public of herbicide applications, the use of Roundup training, and alternative means of weed and pest continued reduction in use of chemical pesticides controls and oversight. He advised that staff established by the Council's guidance in 1998 'sue an( vegetation management program. ~ed ~r ant h ion p eradication, and for limited use ;d to meet the g lement a responsible Staff further explained the type of fertilizer used at watered into the ground upon application. The use a discussed. and that the fertilizer is p was M/S Smith/Baldwin ado Ukiah. Management for the City of Councilmember Andersen his opinion that there is significant use of Roundup. 'ill provide like to see away from ti parks and organic e use of Roundup. It was the e~ Imental community about the inf¢ ion about Roundup. He would of any chemicals in the City limits in City Dir~ and fertilizers. ;Knoblougl that continue to look at more alternatives intenance program and minimize the use of =ilmembe ss to look lersen expressed his appreciation for staff's report and the City's es methods. Mayor n ~king ~is appreciation to staff for their efforts and their focus and ;ments to the program. by the following roll call vote: AYES: Councilmembers Rodin, Andersen, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. BUSINESS of League of California Cities Voting Delegates Regular City Council Meeting May 7, 2OO3 Page 10 of 16 City Manager Horsley advised that in preparation for the upcoming League of California Cities General Session, the City Council is required to select two voting delegates. Councilmembers Rodin and Andersen advised that they plan to attend Mayor Larson noted that he might attend, although he was unsure at thi., It was the consensus of Council, by an unanimous voice vote Rodin be selected as the voting delegate and Counc alternate, and that if another Councilmember attends, they woul¢ second alternate delegate. 10. NEW BUSINESS 10d. Review and Possible Approval of Letter Reflardinfl Senate Bill 888-Counc _ -- (3a-339) Public Utilities Director Barnes explained that the Council consider sending a letter of suppo~ introduction of SB 888 that would repeal a majority AB 1890 brought electric deregulation to the state of electric utility territories to competi' generation to outside entities market rates on California reestablish a utilities' obli outside entities into a utility , direct access, forced o longer regulated b, rates. A bi( ~d E ;erve Council to Senator Dura has requested ~unn relative to his ~rovisions under AB 1890. ia and up the iority of the JC, and forced of this bill would direct access from Councilmember Smith advised 888 yesterday. ;s sending this be provided ~esbro. Karen P 612 nut Ave., voic, ate Ent ~mmittee approved the SB )unn, he requested that a copy of sending the letter. M~ also sign ti matters. the Mayor, Councilmember Smith should ~ts the City Council regarding these types of ith/Ander~ d followin~ draft letter to Senators Dunn and Chesbro regarding ~r Larson and Councilmember Smith to sign the letter, :all vote: AYES: Councilmembers Rodin, Andersen, Smith, NOES: None. ABSTAIN: None. ABSENT: None. 'oved Lease Renewal With CALSTAR For a Portion of the Ukiah Pro_perry Services Director DeKnoblough explained that the lease with CALSTAR ago. Regular City Council Meeting May 7, 2OO3 Page 11 of 16 Discussion followed concerning noise issues and the flight patterns of aircraft over the city. Councilmember Andersen requested an agenda item for a future meeting the Airport and flight patterns for all aircraft. He would like to know the fli and what control we have, if any, over them. City Manager Horsley advised of an addition to the lease under "Term" she recommended adding the language that, "The for a period of five (5) years, commencing on the date set forth City may terminate this lease on sixty (60) days prior ~otice offers Lessee an alternative site at the Airport which for Lessee's operations. The alternative site must conditions and for the remaining term as set forth staff is working with CALSTAR to possibly move t sometimes there is some debris that flies is same terms and Lease." She explained Ie ;e at its current the hel ~r rotors re rewing. M/S Smith/Rodin approving lease renewal with CA Regional Airport property with an amendment to the Manager, carried by the following roll call vote: Andersen, Smith, Baldwin, and Larson. NOES: ABSENT: None. a portion of the Ukiah as proposed by the City Rodin, None. 10f. (g.) Awarded Bid F~ Facility to System Conce (3b-12) Councilmember Andersen stated inquired if Si was the system and if ~e Amo ~e Police Evidence as con with the range in bids and )any ti could provide a rolling storage an opportunity to provide that. Police syste~ that noted that specific s in S that ds received were for a rolling storage company to provide a 32" depth unit e size boxes so that they won't crush. He the site of the new addition and were provided Some of the ower cost units had poorer quality. vote: NOES: ;m Co bid for a rolling storage system for Police evidence the amount of $42,737, carried by the following roll call 9rs Rodin, Andersen, Smith, Baldwin, and Mayor Larson. None. ABSENT: None. 10g. b-80 Inl Re~ to Inland Water and Power Commission Representative p of Lake Mendocino Dam Raising Project r Horsley explained that this was an item that came before the Mendocino of Supervisors (Board) on May 6th and action must be taken before the and Power Commission (IWPC) meeting on May 8th. Jim Stretch, Iocino County Interim Water Agency Manager, presented an agenda item to the Regular City Council Meeting May 7, 2OO3 Page 12 of 16 Board recommending that they send a letter to the Army Corps of Engineers (Corps) stating that the Mendocino County Water Agency (Agency) be lead agency on the Coyote Dam Raising Project. There was also a recommendation that a letter be to IWPC requesting that they withdraw their Letter of Intent. Mayor Larson has Council discuss this matter and provide direction to Vice-Mayor Baldwin at the IWPC meeting. Mayor Larson explained that he and Councilmembers Andersen the Board meeting yesterday. He thought that the expectation they realize that if IWPC does not withdraw its request for s letters in the hands of the Corps asking for the same status that they don't want to chose between any agencies or and that there is a chance that they would simply with competing agencies that could not come to ement. Board that they consider the possibility of ~g assumption that there be some determination hether 1 transferred to the Agency if it became Agency is the right local sponsor. lat ere will C( ~as ind 3arding this, if there were two He proposed to th to proceed with p could be involved that the Discussion followed relative to the County Water Agency's the stakeholders to work a resolution of between various agencies. need for all of are created Judy Hatch, President of Improvement District (District), exl behind Lake Mendocino already. on all of the water that's left behind State Water available and for this Water Conservation 8,000 acre-feet of water Corps and recently filed e raising of the dam with the '.74,580 acre-feet of all the water :hat are for off site storage. When they filed members in the District. Di~ proj feasibility study that is needed for the among the stakeholders. thought that the County should be the lead agency on this not the least of which is that the County has funding and like the Corps of Engineers look for. It was his serious movement on the part of the Water Agency and stated that it is high time that the Water Agency picks up the curren he doesn't see IWPC being a credible agency for a project of He supports what the Board did and would direct Councilmember the IWPC meeting voting to have the IWPC withdraw their Notice of Baldwin inquired of Councilmember Andersen about how the County ?s Union felt about this expansion when some people will be laid off due to the crunch. Regular City Council Meeting May 7, 2OO3 Page 13 of 16 Councilmember Andersen stated that there will be lay off's in some departments but mostly will be furloughs. He went on to discuss the staffing provided by the County Water Agency, which he felt is more than what IWPC can provide. Mayor Larson noted that the members of the IWPC have several highly q~ engineers and others have professional staff that run water districts He considers that staff resource. He didn't know that IWPC has any s' at all but it has the ability to bond just like the County and would bond rating because it would be a secured bond against approved. The question that he didn't get answered is "What's doing this?" It's an agency that took the opportunity to stel to the was the first one there when no one else offered. He thoL need the cooperation of the users and the purveyors it make sense. [nances ~etter .re is going Councilmember Rodin advised that she att, meeting and referred to the segment of the Supervisors in which he says "moving forward in an splintering of stake holders." She is concerned with hi the Army Corps of Engineers and Congressional re sufficient unanimity of purpose to that there is no unanimity of Corps doesn't say "we know this with them and we've oard of Supervisors to the Board of manner may result in a ~ment of "A perception by don't have ect." She felt the letter to the ut we've discussed Councilmember Smith agreed some politics going on and thought 1 attention to and like the ~'s concern that there is should have been paid Councilm~ be Wate Su place was interests. erned that Power C~ stated that valid point and that we should all Delbar, County's representative on the Inland ision did n~ that information to the Board of }n this Commission was formed in the first diversion in Potter Valley and the agriculture S that he believes that the County should have taken a )ecame aware yesterday that they hadn't been informed of T have acknowledged the need to get active in resolving ~nd do a member of the Commission rather than issuing the letter months ago in which they said they were going to withdraw in six Rapport suggested that the IWPC could write a letter saying that they've s letter from the Board of Supervisors and want to have a coordinated to deal with this issue. Regular City Council Meeting May 7, 2003 Page 14 of 16 Councilmember Baldwin thought it should be tied together with their 4 to 1 vote from two months ago that basically said that the Agency was pulling out of IWPC unless IWPC does exactly what they want on the issue of first right of refusal. It fits in the probable interest and the attempt to abolish the Russian River Flood and sell He felt that the process has been tactless and arrogant on the County's p~ understand how this serves the interest of the people of Ukiah. He felt for water before land use planning. The County is in the middle of Plan and it's a desire to get access to get new water while planning ' ;neral Councilmember Rodin recommended that a letter also be sent Engineers acknowledging that there are dual interests and work together to resolve it. Discussion followed with regard to the deadline for is the budget deadline for the federal money bu local share by July. If they don't get local reconnaissance. It was noted that the first but there are other issues involved. the agreement. Se has to commit to th they a going to drop the is already paid for Councilmember Andersen noted that he did not necessa~ the Council. direction of 11. COUNCIL REPORTS 4a- Councilmember Rodin Institute for new Councilmembers technical. Instead they provided in' along with your Lnager and communicatio 'bal and non, of posturin lilmember~ Council to thi )ut how the the They that the vision, o within City p( ions, tied to ti ~ssage a she ue of California Cities ;3 something really about ~nships, such as how to get e an effe( 9 Council. She discussed how al. At this Council meeting she noticed a lot Council meetings become televised, to each other and what it looks like to have a strategic plan unity of purpose. d consistent. They communicate a common at everyone with dignity and respect, governed and ethics, take collective responsibility for Council's multiple voices of the community and formed Council they stressed that the success as a Councilmember is ;ss of the City Council. She thought that it was an evant to this City Council. Smith reported that the Main Street Program is having a downtown 20th beginning at 5:00 p.m. and they will be distributing flyers to :he community to get sponsors for the flower triangles. They are asking p of planters and discussed the costs. He missed their last meeting due ion following a few days in Washington, D.C. representing the City and thought NCPA did some good in terms of federal legislation relative to issues, etc. He also thought that the City's visit relative to the wastewater ~ent plant went well. He distributed a copy of a letter that he received from Regular City Council Meeting May 7, 2003 Page 15 of 16 Senator Diane Feinstein and read it into the record. letter that they would do their best on the wastewater treatment plant for Ukiah. noted that he will not be able to attend the next City Council meeting because attending a NCPA legislative regulatory committee meeting to evaluate the W~ D.C. trip. Because of the City's involvement with NCPA, we are also Transmission Agency of Northern California (TANC) and they are havin, of a decade of service with the California-Oregon transmission tour of the Tracy substation and of Lodi. He attended the ribbon c morning along with Councilmember Rodin and Mayor Larson at Senator Feinstein stated in her He be be a this Mayor Larson reported that he had a video taped on his knowledge of Jupiter. He was impressed with the Assemblywoman Patty Berg's reception. His was The MCOG meeting was uneventful. He was a potluck dinner the other night. He attended the B and the grand opening ceremony of Food Max 12. CITY MANGER/CITY CLERK REPORTS City Manager Horsley advised that she previously dis~ having a walking/running path from Orchard Avenue tc through the trailer court and over is applying for a Safe Routes getting up to $500,000 in with Council the idea of rk and going The City good chance of 13. CLOSED SESSION None. 14. ADJOURNMI There being iness, the meeting was adjourned at 11:04 p.m. M Regular City Council Meeting May 7, 2003 Page 16 of 16 MEMO Agenda Item: 4a TO: Honorable Mayor and City Councilmembers FROM: City Clerk Marie Ulvila SUBJECT: City Council Meeting Minutes: May 7, 2003 DATE: May 30, 2003 Every attempt will be made to forward the Draft Minutes of the May 7, 2003 City Council meeting to Council for review by Monday, June 2, 2003. Memos: CC052103 - minutes ITEM NO. 6a DATE: JUNE 4, 2003 AGENDA SUMMARY REPORT SUBJECT: REJECTION OF CLAIM FOR DAMAGES RECEIVED FROM RICHARD H. WlNKLER AND REFERRAL TO JOINT POWERS AUTHORITY, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND The claim from Richard H. Winkler was received by the City of Ukiah on April 25, 2003 and alleges damages due to sewage main blockage at 305 Crestview Dr. on April 2, 2003. Pursuant to City policy, it is recommended the City Council reject the claim as stated and refer it to the Redwood Empire Municipal Insurance Fund (REMIF). RECOMMENDED ACTION: Reject Claim For Damages Received From Richard H. Winkler 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 Richard H. Winkler, pages 1-3; APPROVED: ~ Candace Horsley, CityXM~nager mt~:asrcc03 0507CLAIM NOTICE OF CLAIM AGAINST THE CitY OF U IAH, CALIF · Fnis claim must be pre. sented, as pre. scdbed by Parfs 3 and4 of Division 3.6, 'o~ State of California, by the claimant orby a person acting on his/her behaif. ! l ' RETUP~ COMPLETED FORM TO: . CiTY OF UKIAH Attn: City Clerk 300 Seminary Avenue Ukiah, California 95482 CLAIMANT'S NAME: '~ [ d_ (rvq ~ ~[ , fl. he . CLAIMANT'S ADDRESS: Number/Street and/or Post Office Box City State Zip Code (%7)., x~ ~ -~ o '5 ~- 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 ( )' Telep.hone · :, City ' State Zip Code DATE OF THE ACCIDENT OR OCCURRENCE: 4/"). ~/0--~ . PLACE OF ACCIDENT OR OCCURRENCE: ! , GENERAL DESCRIPTION_ OF THE ACCIDENT OR OCCURRENCE (Az~ach addi-b'°nal page(s), ff ruera space is needed): Sewer water backed up into our garage contaminating property and the-garage floor ...... and wall. I called Roto-Rooter. Their employee punched a hole in the sewer line and ran a snake three times through my sewer line and into the city line without clearing the obstruction. They called the City of Ukiah. A Ukiah truck cleared ~ obstruction in their line. It is certain that I am not responsible in any way for the obstruction. See attached for more. 1 NAME(S), if known, OF ANY PUBLIC EMPLOYEE(S) ALLEGEDLY CAUSING THE INJURY OR LOSS: . WITNESS(ES), if known (opt]onaO: Name a..)~ Doe,';,-,] b. Address Telephone . DOCTOR(S)/HOSPFI'AL(S), if any, WHERE CLAIMANT WAS TREA TED: Name Address a. Telephone t 10. GENERAL DESCRIPTION OF THE INDEBTEDNESS, OBLIGA_77_ON_,..INJ...U_Ry_, D.A__.M. AGE OR_LOSS so_far. as it may be known at the time of presentation of the claim: $235 invoice dated 4/2/03 a~d $! ! 6.63 dated 4/8/03 bom Rote-Rooter. Three track loads of contamin-ated items including books, ?icture ~ames, Christmas wra??ing, a large wicker basket, fiber board cabinets, boxes. Twenty-four hours of labor by Richard Winkler and eight hours by Margaret Winkler. There is still two or three hours of work left to be done, filling the hole and remaining disinfecting. 11. STATE THE AMOUNT CI_41MED ff it totals less than ten thousand dollars ($fO, O00) as of the date of presentation of the claim, including the estimated amount of any prospective injury, damage or loss, insofar as it may be known at the time of the presentation of the claim, together with the basis of computation of the amount claimed (for computation use #12 below). However, if the amount claimed exceeds ten thousand dollars ($10,000), no dollar amount shaft be included in the claim. However, it shall indicate whether the claim would be a limited civil case (CCP § 85).' Amount Claimed $ or Applicable JurfsdicEon 12. THE BASIS OF COMPUTING THE TOTAL AMOUNT CLAIMED IS AS FOLLOWS: a. Damages incurred to date: Expenses for medical/hospital care: Loss of eamings: Special damages for:. 2o - Coot-, Genera/damages: Pro ¢ b. Es'Zimated prospecEve damages as far as known: -Future expenses for medical and hospital care: Future loss of earnings: Other prospective special damages: Prospective general damages: ,2oo ,oo $ $ $ ~.oo. o o This claim must be signed by the claimant or by some person on his/her behalf. A claim relating to a cause of action for death or for injury to the person or to persona/property or growing crops shall be presented not/aterthan six (6) calendar months or 182 days after the accrual of the cause of action, whichever is longer. C/aims relating to any other causes of action shaft be presented not later than one (f)j/ear after accrual of the'cause of action. S/GNA TURE OF CLAIMANT(S) NOTE: ~i~ ~orm of claim i~ for your convenience only. Any o~er t~e of fo~ ma~e used ~ d~ired, as long a~ it ~~ ~e r~uiremen~ of ~e Gove~ment Code. The use of ~is fo~ is not ~ntended in any ~y to a~ise you of your l~ai ~h~ o¢ to int~ret any law. ~ you are in doubt rega¢dln~ your legal ~gh~ or ~e inte~reta~on of any ~aw, you should seek legal counsel of your choice at your own ex~en~e. Rev. 5/18/99 .----- "Z.. -' Attachment to Item 6: I bought the house when it was new. There has never been a problem with my sewer before and none was found on April 2. The Ukiah employee, who would not give me his name, indicated Ukiah should have been called first. I had not been informed of that requirement. As a seventy-six year old, living on a limited income, I make every effort to keep our expenses down. I surely would have called Ukiah first. The vicinity of the break in my sewer line that was created to admit the snake had to be excavated to find a place to close up the hole. To save money, I dug the vicinity of the pipe myself. Because of all the other pipes surrounding the sewer line and it's depth, I spent pans of six days for 24-3/4 hours total. Roto-Rooter would have charged $75 per hour. This was time spent buying a $60 controller for a pump, going to the dump, and most was spent digging. A pump was required to keep water from filling the hole. The clay is now in a twelve foot long pile. The repair was then made by Roto-Rooter. My wife has spent two days cleaning and disinfecting the garage. Together, we have taken three pickup track loads of contaminated property to the dump. To augment my social security income, both my wife and I work as professional tax preparers. This event has occurred during our busiest time. Sand and earth must still be placed back in the hole around the pipes. None of this, monetary expenses, loss of property or loss of time, would have happened were it not for the obstruction in the city maintained sewer line. ITEM NO. 8a DATE: June 4, 2003 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION ADJUSTING FEES FOR THE UKIAH MUNICIPAL SWIMMING POOLS Over the past years the operational deficit of the Ukiah Municipal Swimming Pools has continued to increase due to raising maintenance and staffing costs. As previously reported by Staff, the maintenance needs of the pools will continue to rise with the age of the facility. In Fiscal Year 1998/99, the maintenance and supply costs were approximately $16,500 while in the current budget these costs total over $27,000. Staffing costs have increased over $24,000 during the past five years and are correlated with rising minimum wage laws and certification requirements. Despite rising costs, public swim fees have remained at the same level since 1992. The purpose of the proposed fee adjustment is to reduce the annual operational deficit, which has resulted in a loss of approximately $80,000 per year over the past three years and is anticipated to rise to nearly $90,000 for the current year. In order to stabilize the downward trend, staff is recommending an immediate adjustment to the public swim fee schedule as defined in the attached Resolution. Continued on Page 2 RECOMMENDED ACTION: Adopt Resolution Adjusting Fees for the Ukiah Municipal Swimming Pools ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine Resolution requires revision and adopt as revised. 2. Determine adoption of Resolution is inappropriate at this time, do not adopt and provide further direction to staff. Citizen Advised: N/A Requested by: N/A Prepared by: Sage Sangiacomo, Community Services Supervisor Coordinated with: Candace Horsley, City Manager and Larry W. DeKnoblough, Community Services Director Attachments: 1. Proposed Resolution 2. Public Swim Fee Survey 3. Public Hearing Notice APPROVE E:AJ~-t.,~ '~ Candace Horsley, Cit~anager ADOPTION OF RESOLUTION ADJUSTING FEES FOR THE UKIAH MUNICIPAL SWIMMING POOLS June 4, 2003 Page 2 The proposal is to adjust public swim fees from $1.50 to $3.00 for youth and from $2.00 to $4.00 for adults. During a 4-hour session of public swim on the weekday, a youth will pay $.75 per hour and an adult will pay $1.00 per hour. On the weekend, the per hour cost increases slightly since the pool is open for two sessions lasting 3 hours apiece The 30- punch pool passes for youths and adults would be adjusted by the same increment, but would reflect the same 20% discount as they do now. The proposed adjustments are consistent with other facilities in Mendocino, Sonoma, and Napa Counties as illustrated in the Public Swim Fee Survey (See Attachment #2. The survey includes the cost of substitute activities including the cost to watch a movie at $2.80 per hour and skating at $2.00 per hour for youth. Based upon an average public swim attendance of 100 youth and 20 adults per day, the attached fee schedule is estimated to increase pool revenue by $14,000 to $18,000 per year. This would place the projected total annual revenue between $49,000 to $54,000. While the proposed adjustment will not fully cover the cost to operate the facility, it will provide some relief to the General Fund. In addition, the proposed fees are consistent with those being charged at other pool facilities or for substitute leisure activities. Staff recommends the Council adopt the proposed resolution adjusting the public swim fees for the Ukiah Municipal Swimming Pools. RESOLUTION NO. 2003- ~~~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADJUSTING FEES FOR THE UKIAH MUNICIPAL SWIMMING POOLS WHEREAS, the City of Ukiah operates and maintains the Ukiah Municipal Swimming Pools for the use of the Ukiah community and general regional area; and WHEREAS, the City of Ukiah strives to provide safe and affordable recreation opportunities for the public; and WHEREAS, the City of Ukiah has not adjusted public swim fees since 1992; and WHEREAS, the cost of operating the swimming pools has continued to increase and exceeds the revenues generated by the swimming pool; and WHEREAS, the City Council may from time to time consider fee adjustments in order to continue operation of the pool facility in a fiscally responsible manner; and WHEREAS, said fee adjustments have been legally published and made available for public review. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah establishes the following rates for the Ukiah Municipal Swimming Pools: Fee Schedule Public Swim Rates Children 6-17 years old Adults Children 0-5 years old Children 30 Punch Pass Adult 30 Punch Pass Current Prices $1.50 per session $2.00 per session Free w/a paying adult $35.00 $45.oo Proposed Prices $3.00 per session $4.00 per session Free w/a paying adult $72.00 $96.00 PASSED AND ADOPTED this 4th day of June 2003, by the following roll call vote: AYES: NOES' ABSENT: ATTEST: Eric Larson, Mayor Marie Ulvila, City Clerk LD/Zipl Golffees01. Res Resolution No. 2003- Page 1 of 1 1.1.1 ILl Attachment #3 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Ukiah City Council will conduct a Public Hearing at their regular meeting of Wednesday, June 4, 2003, at 6:45 p.m., or as soon thereafter as the matter may be heard in the Council Chambers located at 300 Seminary Avenue, Ukiah, CA, for the purpose of Adjusting Public Swim Fees for the Ukiah Municipal Swimming Pools. A copy of the proposed Fee Adjustment for the Ukiah Municipal Swimming Pools is available for inspection at the City Clerk's Office located at 300 Seminary Avenue, from 8:00 a.m. to 5:00 p.m. on any week day, Monday through Friday, excluding City recognized holidays. You are encouraged to discuss the proposed revisions, express any views you may have, or request additional information from the Ukiah City Clerk, Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, (707)463-6217. Public Swim Rates Children 6-17 years old Adults Children 0-5 years old Children 30 Punch Pass Adult 30 Punch Pass Fee Schedule Current Prices $1.50 per session $2.00 per session Free w/a paying adult $35.00 $45.oo S/Marie Ulvila, City Clerk. Publish: 5/25/03 Proposed Prices $3.00 per session $4.00 per session Free w/a paying adult $72.00 $96.00 AGENDA ITEM NO: MEETING DATE: June 4, 2003 SUM t4ARY REPORT SUB3ECT: APPROVAL OF POLICY FOR GUIDED TOURS OF THE GIBSON CREEK FISH HATCHERY At the March 19, 2003 meeting, the City Council approved the development of a policy for guided educational tours of the City of Ukiah's old fish hatchery site, located off of Standley Street in Gibson Canyon. Currently, the City has a right-of-way on the road that follows along Gibson Creek that ends just past the remains of the City's old reservoir, where a fish hatchery once stood. The City's property is a 100' x 200' strip a short distance from Standley Street. In March of 1897, the fish hatchery parcel was deeded to the Town president for the purposes of a fish hatchery. The Town Board of Trustees felt that a fish hatchery would be a good tourist attraction for the area. Many visitors did come to visit the site, but in 1931 the Council adopted a motion to have the fish hatchery dismantled, though the right of way to the fish hatchery property was maintained. Based on the City Attorney's written opinion that the City Council has the discretion to open the right-of- way to public use, the Council determined to allow, on a limited basis, guided tours to the fish hatchery site. The tours would be for educational purposes and would include information about Gibson Creek, named alter a local family who farmed on its upper stretches, and history of the fish hatchery and the canyon's natural environment and beauty. (Continued on page 2) RECOf4MENDED ACTION: Discuss and approve the Fish Hatchery guided tour policy. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Candace Horsley, City Manager N/A N/A Approved', ~ C'andace H~r~ley, Cit~ Manager 4:CAN/ASR. Fish Hatchery. 60403 At the March 19 meeting, the Council discussed two methods of accessibility, which were guided tours or limited public access by permit. Due to adjacent property owners concerns and various liability issues, staff would recommend that we initiate the guided tour option to provide as much accountability as possible. Guided tours would require a single person to be responsible for the group and would allow the City more flexibility for various dates and times. A written policy for use of the property would define the parameters approved by the City Council. Staff recommends that the use policy for the guided tours include the following: . The property will be opened on a limited basis for guided educational tours only. . A Tour Guide should have knowledge of the hatchery history and environment; would be responsible for unlocking and locking the gate to the fish hatchery road, cleanup of any trash dropped by the tour group, and prevention of any damage to the site. Tour Guides will be interviewed and approved by the City Manager. . The tour group would be required to stay on the road and within the creek area under the Guide's supervision. All property surrounding the road and hatchery area is privately owned and not to be used. . The City will provide a key to the Guide for approved guided tours dates and times. The key is to be returned to the City alter the tour date is completed. 5. There will be a maximum of 20 people on a guided tour. A survey of the fish hatchery site is currently being performed and the area is being marked for identification of the fish hatchery property to assist the Tour Guides in identifying the perimeters of the City's properly. Staff is requesting Council's discussion of the policy guidelines and direction for any changes or additions the Council desires. Once the policy is approved, staff will move forward toward implementing the guided tours to the City of Ukiah Fish Hatchery property. AGENDA SUMMARY ITEM NO. ].0a DATE: June 4, 2003 REPORT SUBJECT: AUTHORIZATION FOR CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF UKIAH AND OMNI-MEANS, LTD IN AN AMOUNT "NOT TO EXCEED" $120,000 FOR CITY-WIDE TRAFFIC/CIRCULATION STUDY SUMMARY In previous discussions the City Council has determined to seek more detailed analysis and evaluation of the traffic and circulation conditions within the City of Ukiah. Funds have been designated in the current budget to acquire consultant services to complete such a study. Staff issued a Request for Proposals (RFP) for a City-Wide Traffic/Circulation Study to 27 transportation firms on January 9, 2003 and received three proposals from W-Trans, Higgins Associates, and OMNI-MEAN, Ltd. Proposals were reviewed by the Director of Public Works/City Engineer, the Director of Planning, the Deputy Director of Public Works, and the Civil Engineer. Each of the proposals was impressive, however, OMNI-MEANS Ltd. and W-Trans were selected for further interviews. Based on the qualifications and information presented during those interviews, Staff is recommending OMNI-MEANS, Ltd. as the consultant to perform the City-Wide Traffic/Circulation Study at a cost of $114,739. BACKGROUND The General Plan Circulation and Transportation Element has not been updated since its adoption in 1995. During the past eight years, the City has experienced several changes which have resulted in noticeable increases in traffic and congestion in and around the City. These changes have prompted the need for the City to reevaluate traffic and circulation. As current staff does not posses the traffic engineering expertise necessary for such a detailed study, consultant services are required. Several substantial traffic generating projects have been proposed in the City. Without a comprehensive study, recognized by Council, it is often difficult for staff to appropriately and legally assign mitigation responsibility to the developer appropriately and consistently to minimize impacts. Also, due to the absence of a consistent base of calculations, the City may be potentially undervaluing some impact fees and subsequently incurring future or long term costs for traffic improvements which (CONTINUES ON PAGE 2) RECOMMENDED ACTION: AUTHORIZE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF UKIAH AND CONSULTANT OMNI-MEANS, LTD IN AN AMOUNT "NOT TO EXCEED" $120,000 WITHOUT APPROVAL OF CITY MANAGER ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Choose not to authorize the execution of this contract, and provide direction to staff. 2. Determine not to include additional services and approve services with OMNI-MEANS, Ltd. 3. Determine approval of consultant services is inappropriate at this time and do not move to approve the recommendation. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Candace Horsley, City Manag~l ~') Tim Eriksen, Civil Engineer ~¢__,~. Diana Steele, Director of Public-Works / City Engineer and Charlie Stump, Director of Planning 1. Professional Services Proposal  '~2002/2003 Budget APPROVED: " ' ' Candace Horsley, i~ty Manager Page 2 AUTHORIZATION FOR CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF UKIAH AND CONSULTANT OMNI-MEANS, LTD IN AN AMOUNT "NOT TO EXCEED" $120,000 WITHOUT APPROVAL OF CITY MANAGER should have been completed at the time of development. The purpose of impact fees is to assign the costs of traffic and circulation improvements necessary to mitigate the impact of increased traffic, which may result from a particular development, to the developer, thereby preventing such costs from being born by the City. The City-Wide Traffic/Circulation Study will address development scenarios that will allow staff to consistently and fairly review proposed projects and apply impact fees. All proposals submitted were impressive; however, the W-Tran proposal and the OMNI-MEANS, Ltd. proposals presented expertise and a scope of services more consistent with the goals of the RFP. Staff interviewed these two firms. OMNI-MEANS' presentation not only more effectively addressed staff concerns related to the study, but offered the lowest base fee by $29 at $99,971. A copy of OMNI-MEANS' proposal is attached for Council's review. Staff believes OMNI-MEANS, Ltd. presents a unique approach of tailoring the study to meet local specific issues. Staff was also particularly impressed with OMNI-MEANS, Ltd. excellent approach of involving the public by seeking input through community meetings. Some proposed ideas include project newsletters and public workshops to discuss perceptions of traffic issues and seek ideas to resolve citizen concerns. Another new approach recommended by the consultant was the use of a Citizen Advisory Committee (CAC). To meet these goals OMNI-MEANS, Ltd. has budgeted within its scope of services, eight different types of public meetings. OMNI-MEANS, Ltd. has also offered additional services, two of which staff believes would be beneficial and is recommending adding to the scope of services. These services are the creation of a new General Plan Circulation and Transportation Element and the expansion of the existing, limited Capitol Improvement Program. The General Plan Circulation and Transportation Element will need to be updated to reflect the findings and conclusions of the City-Wide Study. In addition, the approach of the existing Circulation and Transportation Elements is complex and outdated, and its implementation program is impractical given our limited staff and financial resources. The additional cost for this task is $8,168. The Capitol Improvement Program that the Consultant will provide will be a comprehensive document which staff will be able to use in order to address traffic and circulation issues planed for the future. This Program document can be a significant aid in securing grant funding for recommend projects. The additional cost for this task is $6,600. OMNI-MEANS, Ltd. has shown staff significant enthusiasm in completing the proposed study and has extended great efforts to familiarize themselves thoroughly with Ukiah's current traffic situation. It has performed studies for jurisdictions the size of Ukiah and slightly larger and received excellent reviews from all the references contacted. Staff is optimistic to hail the opportunity to work with this firm on this study to complete a comprehensive view of the City is challenging traffic future. Staff is recommending approval of the acquisition of consultant services with Omni-Means, Ltd. and requesting authorization for the City Manager to execute the agreement in the amount not to exceed $120,000. n Z uJ ZZz >g E ii ~3 0 t-.- :D AGENDA SUMMARY ITEM NO. 10b DATE: JUNE 4, 2003 REPORT SUBJECT: REPORT REGARDING IMPLEMENTING GASB 34: BASIC FINANCIAL STATEMENTS-AND MANAGEMENT'S DISCUSSION AND ANALYSIS-FOR STATE AND LOCAL GOVERNMENTS AND APPROVAL OF MINIMUM ASSET VALUE THRESHOLD In order to participate in the financial markets (issue bonds) under favorable circumstances, be well regarded by grant issuing entities, insurance underwriters, and other knowledgeable users of our financial statements, the City must maintain clean "unqualified opinion" on its audited financial statements (as we did for June 30, 2002). To receive such an unqualified opinion for our June 30, 2003 fiscal year-end statements our books must, as always, be accurate in all material respects and conform to Generally Accepted Accounting Principals (GAAP) as defined by the Government Accounting Standards Board (GASB). This year, for the first time, the City must also be in compliance with the new rules contained in GASB 34: Basic Financial Statements-and Manaqement's Discussion and Analysis-for State and Local Governments. GASB 34 is the most sweeping revision of the current financial reporting model since 1979. There are four new or significantly updated reporting requirements contained in the pronouncement: 1. In-house preparation of the Manaqement Discussion & Analysis (MD&A), a narrative analysis of the basic financial statements covering specific mandatory topics including performance to budget, economic factors, and future outlook. (Continued on Page 2) RECOMMENDED ACTION: 1. Receive Report Regarding Implementing GASB 34: Basic Financial Statements-And Management's Discussion And Analysis-For State And Local Governments, 2. Approve deferment of reporting pre-existing Infrastructure reporting until year ending June 30, 2007, and 3. Approve establishment of $5000 minimum value asset threshold. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Implement reporting of all infrastructure assets in the current year, prepare budget and issue RFP for inventory and valuation of pre-existing assets. 2. Do not implement GASB 34. Continue to follow current accounting and reporting practices. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Mike McCann, Accounting Manager ~ Gordon Elton, Director of Finance and Candace Horsley, City Manager None APPROVED: Candace Horsley, C~~ Manager Implementing GASB 34 Basic Financial Statements-and Management's Discussion and Analysis for State And Local Governments June 4, 2003 Page 2 2. Changes in Fixed Asset accounting including accounting for Infrastructure assets, updating fixed asset capitalization thresholds, and recording both asset values and related depreciation by functional area. 3. Changes in General Ledger accounting including recording the full liability for compensated absences and recording detail sufficient to allow creation of new reports. 4. Additional new financial statements presenting government-wide results on a full accrual basis, reconciling this presentation to the continuing fund reporting, separating direct from indirect costs and providing budget information. Highlights include: · Net program cost reporting. The costs of services in various program areas will be reported, both gross and net of related program revenues. · Expanded budgetary reporting. Both the original budget and final, revised budget figures will be presented in budget-to-actual comparisons. GASB is the rule making body for governmental accounting and defines the body of policies and procedures that describe how financial activity is recorded and reported, known as GAAP. GASB, despite two separate implementation guides, has not provided definitive guidance on infrastructure issues, including asset life or asset organization. While GASB 34 compliant reporting and auditing are required for this year, retrospective infrastructure valuation and accounting may be completed over the next four years. Implementation of these changes will require the combined efforts of the City's fiscal and public works departments, our independent auditor, and the specialized knowledge provided by expert consultants. Conversion may have impacts on reported activities that are not yet fully analyzed. Recognizing the full liability for all compensated absences, adding infrastructure assets net of depreciation and including long-term debt in the government-wide statements are likely to cause a significant reduction in net assets. Staff's current Action Plan is to focus on the immediate mandatory tasks for a clean conversion and first year's audit. The second phase in the Action Plan is to improve our reports based on what we can learn from other cities and the marketplace as everyone gains more experience implementing GASB 34. The following elements are included in the Plan: · Update internal accounting records (General Ledger) for current year infrastructure assets activity and full liability for compensated absences; · Focus internal accounting effort on first-ever MD&A preparation; Select option to defer inventorying or valuing pre-existing infrastructure assets until year four reporting in anticipation the GASB will issue more definitive guidelines and standard practices will evolve; Implementing GASB 34 Basic FinancialStatements-and Management's Discussion and Analysis ~r State And Local Governments June 4,2003 Page 3 · Collect financial statements from similar cities, evaluate their approach to GASB 34 issues, and adopt best practices found; · During Fiscal Year 2003-04 survey consultant market for infrastructure evaluation services - after everyone completes initial GASB 34 compliant report; · In Fiscal Year 2004-05 finalize action plan, budget, and timeline for retrospective infrastructure reporting. Background: Updated reporting requirements contained in the pronouncement 1. Management Discussion & Analysis ("MD&A") The purpose of MD&A is to provide users with a narrative introduction, overview and analysis of the basic financial statements. GASB 34 identifies the specific topics that must be addressed, while defining other topics which are not to be included. Discussion of the basic financial statements describes the government-wide and fund statements, how they differ, and the kind of information each supplies. Condensed comparative data. Since GAAP do not require comparative financial statements, and these data provide an invaluable context for understanding the statements, the MD&A should include condensed government-wide data. The Government Finance Officers Association (GFOA) includes a specific list of data elements. Overall analysis should specifically address whether the government's overall financial position has improved or deteriorated. Analysis will focus on the reasons for significant changes, will consider government and business-type activities separately, and look at economic factors that significantly affect operating results. Fund Analysis should analyze significant balances and operations of the individual major funds, focusing on reasons for significant changes as significant limitations on future use of fund resources. Budget variances in the General Fund should address significant differences between: (1) the original and final budgets, and (2) the final budget and actual results. If variances are expected to affect either future services or liquidity, the analysis should include the reasons for the variances. Capital asset and long-term debt activity should summarize significant changes and refer to more detailed information contained in Notes. Infrastructure. Included only if some infrastructure assets are reported using the modified approach. This will include significant changes in current condition, costs to maintain, and how established conditions are reported. Implementing GASB 34 Basic Financial Statements-and Management's Discussion and Analysis for State And Local Governments June 4, 2003 Page 4 Other potentially significant matters is a description of currently known facts, decisions, or conditions that are expected to have a significant effect on the financial condition of the reporting government. 2. Fixed Assets The GFOA recommends rules for capitalizing assets which simplify the fixed asset systems by significantly raising the dollar thresholds. It recommends: · Tangible assets with life of at least two years; · "In no case should a government establish a capitalization threshold of less than $5,000 for an individual item;" · Thresholds should apply to individual items, rather than groups of items; · Infrastructure assets thresholds will be set separately; · Control procedures (insurance/theft) are established for non-capitalized assets. Infrastructure Assets Infrastructure Assets (roads, bridges, gutters, sidewalks, and drainage systems, etc) are to be recorded in accounting systems using either the normal historical cost less depreciation method or the "modified" method. The Historical Cost Method allows better comparability with other smaller jurisdictions, simplicity - the use of the depreciation reporting method enables integration of the accounting method currently used by the City and significant cost savings - both in the cost of implementing the Modified Approach and in the cost of performing future evaluations, recordkeeping, and reporting. While both systems have advantages, the modified method seems to be much better suited to large metropolitan areas due to its significant reporting and operational requirements. Staff recommends that, like most smaller jurisdictions, Ukiah use the historical cost system. How long do we have to prepare for Infrastructure reporting? New Assets in FY 2002-03: Prospective reporting required with June 30, 2003 statements for assets acquired in the current year. Assets acquired in prior years: Retrospective reporting required within four years, by June 30, 2007. Assets acquired prior to July 1, 1980 do not have to be reported, although subsequent major renovations, restorations, or improvements are reportable. Implementing GASB 34 Basic Financial Statements-and Management's Discussion and Analysis for State And Local Governments June 4, 2003 Page 5 3. General Ledger Adjustments The currently required modified-accrual accounting for governmental funds will still be needed for the fund perspective reports in the new financial reporting model and we will continue to maintain our fund accounting system as we have in the past. Most of the changes resulting from GASB 34 will have to be dealt with during the preparation of the year-end financial statements. The auditors have reviewed our current accounting practices and confirm that we do currently record the level of detail needed to prepare new basic financial statements, which are presented on a full accrual basis. Vacation leave is a form of Compensated Absence which must be recorded in total under the full accrual method of accounting required for government-wide accounting under GASB 34. This contrasts with the previous GAAP rule requiring that only the portion of the liability expected to be paid in the next 12 months be recognized, which the auditors established as 25% of the total vacation accrual. 4. Financial Statements Next year, Staff is scheduled to complete a new Request For Proposal for independent audit services. We believe that the cost of preparing the year end financial statements may increase significantly because of the complexity of the work necessary to compile all the required schedules, convert the financial data for the governmental activities in the fund financial statements to full accrual, and then reconcile that presentation with the modified- accrual fund statements. Already discussed are the new MD&A requirements and the following list of required reports indicates the complexity of the requirements of GASB 34: Basic Financial Statements 1. Statement of Net Assets 2. Statement of Activities 3. Balance Sheet-Governmental Funds 4. Statement of Revenues, Expenditures, and Changes in Fund Balances-Governmental Funds 5. Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balance of Governmental Funds to the Statement of Activities 6. Statement of Net Assets-Proprietary Funds 7. Statement of Fiduciary Net Assets 8. Statement of Changes in Fiduciary Net Assets Notes to the Financial Statements 1. Information about Capital Assets 2. Information about Long-term Liabilities 3. Explanation of Certain Differences between the Government Fund Balance Sheet and the Statement of Net Assets Implementing GASB 34 Basic Financial Statements-and Management's Discussion and Analysis for State And Local Governments June 4, 2003 Page 6 4. o Explanation of Certain Differences between the Government Fund Statement of Revenues, Expenditures and Changes in Fund Balance and the Statement of Activities Segment Information Accountant-speak Vocabulary - The following is a listing of some of the terms used in this report which may assist in further understanding this topic: Basic Financial Statements: Package of properly formatted statements that report financial results for a year, including government-wide and fund statements and their associated notes. Functional Area: A group of related activities aimed at accomplishing a major service or regulatory program for which a government is responsible. Fund Balance: The difference between current assets and current liabilities reported in a fund statement. GAAP: Generally Accepted Accounting Principals. The body of policies and procedures that describe how financial activity is recorded and reported. GASB: Government Accounting Standards Board. accounting. It defines GAAP. GFOA: Government Finance Officers Association. The rule making body for governmental Authoritative professional association that publishes widely used Blue Book accounting manual. Infrastructure Asset: A physical asset which is of substantial value, is immovable and long- lived, excluding otherwise classified items such as land or building. Road, sewer, drainage and other systems are the classic examples. MD&A: Management Discussion & Analysis. Provides a narrative introduction, overview and analysis of the basic financial statements including mandatory topics. Net Assets: The difference between total assets and total liabilities on the government-wide Statement of Net Assets. Prospective reporting. Financial reporting on assets acquired in prior accounting periods. Retrospective reporting. Financial reporting on assets acquired in the current accounting period. Summary and Recommendations The issue of implementing GASB 34 is complex and exhaustive. As can be seen the process will be extensive and there are no easy procedures to use as guidelines at this time. Most Implementing GASB 34 Basic FinancialStatements-and Management's Discussion and Analysisfor State And Local Governments June 4,2003 Page 7 cities throughout the nation are in a similar situation and will be proceeding cautiously as we attempt to implement these new regulations. Staff recommends that the City Council authorize the implementation of the option to defer reporting of pre-existing Infrastructure until the year ending June 30, 2007 and implementation of GFOA recommended $5,000 minimum value asset threshold. These actions will allow the greatest time for appropriate compliance and the most efficient expenditure of City resources. Staff will also be able to survey other the initial implementation results of other cities for best practice recommendations and review consultants' capacity to assist with development of infrastructure accounting. Alternative Council Actions: 1. Implement reporting of all infrastructure assets in the current year, prepare budget and issue RFP for inventory and valuation of pre-existing assets. Since this the conversion year for most smaller cities and other jurisdictions, Staff anticipates that those consulting firms already positioned to assist will be able to charge a premium for their services. Furthermore we anticipate the GASB and GFOA will issue further guidance and standards as this process evolves with the foreseeable outcome that some early efforts may need to be substantially revised. This option may place the City in somewhat of an expensive "guinea pig" position where consultants would be learning as they proceed with our financial analysis. 2. Do not implement GASB 34 at all, but continue to follow current accounting and reporting practices. This option means that the City would receive a "qualified opinion" from the auditor, a less than satisfactory position. It is impossible to access how financial markets, grant issuing entities, insurance underwriters, and other knowledgeable users of our financial statements would react. Increased costs in both fees and interest rates for future bond issues are possible impacts. mfh:asrcc03 GASB34 0604.doc AGENDA ITEM NO: 10¢ MEETING DATE: .lune 4, 2003 SUMMARY REPORT SUB3ECT: APPROVAL OF ECONOMI'C DEVELOPMENT STRATEGY UNDER THE 3OBS HOUSI'NG BALANCE GRANT The City applied for a .lobs Housing Balance Planning grant, and received authorization for $100,000. Our consultant, Applied Development Economics (ADE), created an Economic Development Report and Strategy for business retention, business attraction, business climate improvements, and tourism development that was approved by the Council in December 2002. The report describes the initiatives required to put the economic strategy in motion and includes a comprehensive economic development plan for the City of Ukiah. The City has a balance of $85,000 in the .lobs Housing Planning Grant funds to utilize by September 30, 2003. Attached for your information are pages 58-62 of the report, which describe various options under the Economic Development Plan. ADE is recommending using the $85,000 for the three elements of the implementation strategy: industrial attraction, downtown retail recruitment and ( Cont/nued on page 2) RECOMMENDED ACTION: Discuss Economic Development Report and provide direction to staff. ALTERNATIVE COUNC]:L POL]:CY OPT]:ONS: N/A Citizens Advised: Requested by: Prepared bY: Coordinated with: Attachments: N/A N/A Candace Horsley, City Manager Applied Development Economics 1,Pages 58-62 of the Economic Development Report and Strategy Approved: 4:CAN/ASR. Economi~lD~~~:0~a~: Horsley, Cit~Manager unincorporated area, as the best land for this type of development is mainly located outside of the City limits. If the Council approves a plan of action, the following tasks would be performed by ADE: · Contact Robert Berry at State of California Trade and Commerce and other regional marketing partners to alert them of the campaign. Develop a basic industrial map and one-page flyer that can be used as a recruitment tool and also be distributed to motels, the County, large retailers, real estate offices, etc. · Visit Ukiah in June and: meet with the City Manager and/or Charles Stump, Larry DeKnoblough, and Darryl Barnes to go over what exactly would be done and what they might be asked to do if a prospect comes to town; o meet with Gary Ackerstrom regarding the types of businesses he is seeking on South Airport Park Blvd.; o meet with Tony Shaw, County economic representative, to discuss the unincorporated sites and cooperation the County can provide; meet with local realtors to identify and refine the strengths to sell; finalize the direct mail campaign; secure at least two hundred of the Ukiah brochures developed by the City last year. Set up a direct mail campaign targeting over 200 businesses that would hopefully be the most likely to want to move out of the bay area because they have an old plant, facility constraints, high labor costs or other reasons. ADE would develop a letter and enclose the City's existing brochure or something smaller. Follow-up by phone of all those receiving the mail. Meet with those interested at their plant, and attempt to entice them up for a site tour of Ukiah. (Converting a prospect into someone interested enough for a site tour is the hardest.) Arrange as many site tours as possible in the short time allowed before the grant expires. It will take at least a couple of months from now to get to the point of any site tours. Attend any cooperative trade shows that are promising and could bring prospects. TeamCalifornia may or may not be active considering the state budget crisis. Probably the first trade show will be in the fall. · Use Act! 6.0 prospect tracking software to track in detail all marketing activities and provide reports as needed. · Other economic development activities as desired, including fiscal impact analysis of projects, helping recruit new retailers, etc. · Plan on being in Ukiah 3-5 days per month for on-site coordination work as necessary. · Meet again to check progress at the end of .luly. Staff is requesting Council's direction and approval of ADE's services to work on our Economic Development l~mplementation Plan, and to use the grant funds of $85,000 by September 30, 2003. CITY OF UKIAH ECONOMIC DEVELOPMENT REPORT & STRATEGY BUSINESS RETENTION, BUSINESS ATTRACTION BUSINESS CLIMATE IMPROVEMENTS & TOURISM DEVELOPMENT December 2002 Prepared for City of Ukiah This Study was Funded by Jobs Housing Balance Incentive Grant #00-JHBP-034 Prepared by Applied Development Economics 2029 University Avenue. Berkeley, California 94704. (510) 548-5912 1029 J Street, Suite 310. Sacramento, California 95814. (918) 441-0323 7. IMPLEMENTATION PLAN The attached Jobs/homing Implementation Plan describes the initiatives required to put the economic strategy in modon. The plan includes a comprehensive economic development strategy for the Gity of Ukiah. Full implementation over time will require resources beyond the scope of this jobs housing grant. However, this plan also specifically recommends how the remainder of the $110,000 jobs/housing funds ($85,00024) can be used bythe City of Ukiah between now and September 30, 2003 to implement these initiatives. The following initiatives are recommended for implementation of the economic strategy. 1. Attracting Industrial Users through a variety of promotion actMties; 2. Enhancing the retail sector through downtown retail recruitment; and 3. Enhancing the retail sector through tourism promotion; SPECIFIC USE OF JOBS HOUSING GRANT FUNDS Funds made avaihble from the HCD grant will be used to cover some of the costs of these activities, including one-time costs such as equipment and printing costs for publications, and travel expenses for tapered recruitment visits. Table 17 kemizes those expenses. TABLE 17 JOBS -HOUSING GRANT IMPLEMENTATION BUDGET Ti'EM BUDGET Industrial attraction Direct rmil program for exisdng Ukiah marketing piece. Lead follow-up, 'outreach and travel :for recruitment for one year- not including salaries Coordination with Superior Califomla and others for collaborative marketing Advertising in Bay Area Business Journals (San Jose, San Francisco) Subtotal Industrial Attraction Retail and tourism attraction R~t ~rked~§ bro&u:e add-on to er~dag TJ~=h markedag piece Dkect ~ pro§nm £or rerJ/t ar~racdon, usb~g ex, da§ ~ markeda§ piece augmented byreta~ hot buttons L~ £oUow-u~, outreach and tnve! £or z~~nt £or one year- not b=d~ saJa~s. 10,000 20,000 10,000 15,000 8,000 15,000 10,000 $55,000 Subtotal retail attraction 33,000 TOTAL $85,000 Page 58 II II II II AGENDA ITEM NO: MEETING DATE: 1Od .lune 4, 2003 SUHHARY REPORT SUB3ECT: DISCUSSION OF INLAND WATER AND POWER COt-IHISSION'S REQUEST FOR LIST OF (~UESTIONS AND CONCERNS REGARDING MENDOCINO COUNTY WATER AGENCY'S INTENTIONS On May 27, 2003, the Inland Water and Power Commission (IWPC) held a special meeting to discuss the Mendocino County Water Agency's (MCWA) request to sign a letter addressed to the Corps of Engineers regarding the letters of intent for lead agency on the raising of Lake Mendocino dam. The Commission voted to approve signing the letter that assures the Corps we are working together towards a solution to this dilemma. The Commission also discussed the Water Agency Board meeting of May 20, 2003 in which the Commissioners and other water district board members attempted to express their concerns regarding recent MCWA actions. As it appeared that the MCWA Board was not understanding all of the oral concerns, the Commission determined it would be best if each water agency delineated it's questions and concerns regarding MCWA's intentions in writing to the IWPC Chair. The Chair will compile this information for submittal to M~A. Vice-Mayor Baldwin has requested this item be agendized for discussion by the Council to submit the Council's list of questions and/or concerns to the IWPC Chair. He will provide additional information at the meeting. RECOHHENDED ACTION: Discuss and compile a list of questions/concerns regarding the intentions of MCWA, to be submitted to IWPC Chair. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Vice-Mayor Baldwin Candace Horsley, City Manager Inland Water and Power Commission None Candace Horsley, anager ~:CAN/~S~.~W~C.60~03 ITEM NO: ~. Oe MEE'I'~NG DATE: .lune 4, 2003 AGENDA SUMMARY REPORT SUB3ECT: ADOPT]~ON OF RESOLUT]:ON COUNC]:LMEMBER ANDERSEN REGARD]:NG AB 1039 -- Assemblymember Hancock has introduced AB :[039 to the State Legislature regarding municipal elections and voting methods. The bill would provide additional methods of filling elected office vacancies. The four methods that are being delineated in the bill are cumulative voting, limited voting, choice voting, and instant runoff voting. The bill authorizes any one of these methods to be enacted by ordinance or by approval of the voters. Staff has attached information on each of these voting methods from various ]:nternet sources. The County of Mendocino has discussed a similar resolution and has formed a subcommittee to determine a decision. Councilmember Andersen is asking for Council's discussion and adoption of the attached resolution. RECOMHENDED ACT]:ON: Discuss AB 1039 and provide direction to staff. ALTERNAT]:VE COUNC]:L POLTCY OPT]:ONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Councilmember Andersen Candace Horsley, City Manager N/^ 1. Draft resolution 2. Descriptions of cumulative voting, limited voting, choice voting, and instant runoff voting Approved' Candace Horsley, C~ Nanager 4:CAN/ASR.AB1039.60403 RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH SUPPORTING AB 1039 WHEREAS, the City of Ukiah is a general law city and is restricted in its choice of voting methods by the laws of the State of California; and, WHEREAS, chartered cities and counties have the freedom to choose their own voting method; and, WHEREAS, AB 1039 (Hancock) is a "home rule" bill that would give to general law cities and counties the same freedom of choice in voting method that chartered cities and counties enjoy, and WHEREAS, the County Registrar has approved new voting equipment that is compatible with voting options contained in AB1039. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Ukiah supports and endorses AB 1039, asks its state representatives to co-sponsor AB 1039, and BE IT FURTHER RESOLVED that the City of Ukiah respectfully requests that the Board of Supervisors consider a similar resolution supporting AB 1039 and that the City Clerk is directed to send a copy of this resolution to Assemblywoman Patty Berg, Assembly member Loni Hancock, author of AB 1039, the Assembly Committee on Elections, Reapportionment, and Constitutional Amendments, the Mendocino County Board of Supervisors and the Registrar of Voters. PASSED AND ADOPTED on this 4th day of June 2003, by the following roll call vote: AYES: NOES: ABSENT: Eric Larson, Mayor ATTEST: Marie Ulvila, City Clerk Resolution No. 2003- Page I of I Contra Costa Green Party -- Support AB 1039! Page 1 of 3 Text of AB 1039 as introduced by Hancock BILL NUMBER: AB 1039 INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Hancock FEBRUARY 20, 2003 An act to add Section 10105 to the Elections Code, relating to municipal elections. LEGISLATIVE COUNSEL'S DIGEST AB 1039, as introduced, Hancock. Municipal elections: voting methods. Existing law provides procedures for the nomination of candidates for elective offices in general law cities. It specifies the procedures for the conduct of the election, the canvass of ballots, and certification of persons elected to office. Related provisions require the holding of a runoff election if no candidate has been elected at the municipal election. It provides that a vacancy in an elective office may be filled by appointment, at a special election, or at the next regular municipal election, as specified. This bill would provide that, notwithstanding any provision of law, a city may elect officers or fill vacancies in elective offices by means of a method of cumulative voting, limited voting, choice voting, or instant runoff voting. It would require the Secretary of State to adopt regulations for the conduct of elections and the counting of ballots by each of these voting methods. It would permit a voting method authorized by this bill to be enacted by ordinance enacted by any of three specified ways. 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. Section 10105 is added to the Elections Code, to read: 10105. Notwithstanding any provision of law, a city may elect officers or fill vacancies in elective offices by means of a method of cumulative voting, limited voting, choice voting, or instant runoff voting. The Secretary of State shall adopt regulations for the conduct of elections and the counting of ballots by each of these voting methods. A voting method authorized by this section may be enacted by any of the following ways: (a) By ordinance enacted by the legislative body of the city. (b) By approval of a proposition submitted to the voters at any general or special election, without a petition therefor, by the legislative body of the city. (c) By initiative ordinance adopted pursuant to Chapter 3 (commencing with Section 9200) of Division 9. Back to Top http ://coco.cagreens.org/ab 1039.html 5/27/03 Green Party of Califomia Page 1 of 3 GREEN PARTY OF CALIFORNIA SUPPORTS AB 1039 - THE LOCAL ELECTORAL FREEDOM BILL For immediate release: March 13, 2003 Contacts: Beth Moore Haines, GPCA Spokesperson, 530-277- 0610, beth@greens.org Ross Mirkarimi, GPCA Spokesperson, 415-412-7526, rmirk@msn.com John Strawn, GPCA Spokesperson, 805-689-2840, jcs_arts@yahoo.corn Sacramento - Seeking alternative voting methods to streamline the electoral process while saving communities dwindling tax dollars lost under the new state budget, the Green Party of California endorses and actively supports AB 1039, the Local Electoral Freedom bill. Introduced by Assembly member Loni Hancock (D- Berkeley), AB 1039 allows municipalities to enact alternative election methods, including Instant Runoff Voting and Proportional Representation. "With declining voter turnout, cities need options to reinvolve residents and make sure municipal elections have the broadest participation," explains Green Mayor pro tem of Santa Monica, Kevin McKeown.[~ "Santa Monica has successfully implemented innovations like two-day weekend balloting for a Council seat and our current all-postal special election on an initiative ordinance." "Instant runoff voting is perhaps the most exciting alternative," McKeown continues, "because it lets voters rank their choices and truly vote their consciences. IRV saves cities money, and reduces the role of big corporate contributions in politics because candidates need run only a single campaign." Instant Runoff Voting (IRV) is a method that guarantees a winner with a mandate from a majority, all within a single election. In an IRV election, voters rank their choices - first, second, third, and so on. If a voter's first choice "loses" (in effect, finishes last), the voter's next choice is counted toward the total in the next round. Fi The rounds continue until a candidate has 50 percent plus one vote. In this way, runoffs are eliminated and a candidate http://www.cagreens.org/press/pr03 0313.htm 5/29~03 Green Party of Califomia Page 2 of 3 receives a true majority. IRV's advantages are many. In this era of budget constraints, for example, IRV would limit costs to cities for runoff elections by declaring a winner on Election Day, rather than a community bearing the costs of a runoff election a month later; costs that run into a six-figure sum for larger communities. Other advantages of IRV are that it: · Eliminates the "spoiler effect" of three-way candidacies. The Nader-Gore situation in 2000, as well as the Bush-Perot situation in 1992, would not be a concern under an IRV system. Many Nader voters might have made Gore their "second choice," just as many Perot voters could have chosen the elder Bush as their number two. · Allows local communities more control over local elections. Voters can directly choose the best voting option for their communities. · Promotes positive campaigns and eliminates negative campaigns, since a candidate would need second- and third-choice votes. Attack ads, then, would not be wise and would probably not pay off in an IRV system. · Raises voter turnout, as results have shown that turnout increases with more choices on the ballot, as well as increasing the likelihood that one's vote will be decisive. The city of San Francisco will use IRV for the November elections this year after citizens passed Proposition A in March 2002. November races for mayor, district attorney and sheriff will be chosen by IRV, and all subsequent elections for supervisor, treasurer, city attorney, public defender and assessor will use IRV. Other alternative voting methods included in the bill are cumulative voting, limited voting, and choice voting. The GPCA encourages all Californians to lobby their assembly representatives to co-sponsor and/or support the bill. Contact your assembly members at www. assembly, ca. gov More information on IRV: California IRV Coalition http://www.calirv.org The Green Party of California http://www, cag ree n s. org P.O. Box 2828, Sacramento, CA 95812 Phone: (916) 448-3437 gpca@greens.org http://www, cagreens.org/press/pr030313.htm 5/29/03 Factsheet At Large Modified Systems Page 1 of 4 The Center for Voting and Democracy: Factsheet Modified At-Large Voting Systems for U.S. Local Elections A voting system translates people's votes into seats in a legislative assembly. Many different voting systems exist. Because the same votes in different systems can produce different results, the selection of a voting system has a powerful impact on governance and fair representation. Modified at-large voting systems are one-person, one-vote systems in which far more than 50% of voters elect candidates of their choice. To provide greater electoral fairness, candidates are elected at-large or in multi-member districts (constituencies electing more than one representative), but without using one of the "winner-take-all" methods common in the United States. Winner-take-all elections easily can allow 51% of voters to earn 100% of representation. Nearly all democracies instead use versions of modified at-large systems. The following three systems are based on voting for candidates and currently used in some local elections in the United States. Choice voting is the system most likely to provide fairness both to minority and majority populations, promote competition and discourage negative campaigns. Limited Voting In limited voting, voters either cast fewer votes than the number of seats or political parties nominate fewer candidates than there are seats. The greater the difference between the number of seats and the number of votes, the greater the opportunities for fair representation. Versions of limited voting are used in Washington, D.C., Philadelphia (PA), Hartford (CT) and many smaller jurisdictions. It has been used successfully to resolve several Voting Rights Act cases. Example: In a race to elect five candidates, voters could be limited to two votes. Winning candidates are determined by a simple plurality (whichever five candidates get the most votes). Cumulative Voting In cumulative voting, voters cast as many votes as there are seats. But http://www.fairvote.org/pr/ALmodified.htm 5/29/03 Factsheet At Large Modified Systems Page 2 of 4 unlike winner-take-all systems, voters are not limited to giving only one vote to a candidate. Instead, they can put multiple votes on one or more candidates. Voting rights scholar Lani Guinier has promoted cumulative voting as a colorblind means to provide fair minority representation. Perhaps the simplest version of cumulative voting is to allow voters to vote for up to as many candidates as there are seats (as with winner- take-all voting), then allocate votes equally among the candidates selected by the voter. In a five seat race, voters selecting two candidates thus would provide each candidate with 2.5 votes. Cumulative voting was used to elect the Illinois state legislature from 1870 to 1980. In recent years it has been used to resolve voting rights cases for city council elections in Amarillo (TX) and Peoria (IL), for county commission elections in Chilton County (AL) and for school board elections in Sisseton (SD) and more than fifty other jurisdictions; in most cases a member from the protected minority was elected following the implementation of cumulative voting. Cumulative voting in 1994 was imposed by a federal judge in a Maryland voting rights case. Example: In a race to elect five candidates, voters cast one vote for five candidates, five votes for one candidate or a combination in between. Candidates win by a simple plurality of votes. Choice voting Choice voting (e.g, "single transferable vote" or "preference voting") is a form of limited voting in which voters maximize their one vote's effectiveness through ranking choices. Choice voting is very likely to provide fair results, can be used in both partisan and non-partisan elections and does not require primaries. It is recommended as the best system for local government elections. To vote, voters simply rank candidates in order of preference, putting a "1" by their first choice, a "2" by their second choice and so on. Voters can rank as few or as many candidates as they wish, knowing that a lower choice will never count against the chances of a higher choice. To determine winners, the number of votes necessary for a candidate to earn office is established based on a formula using the numbers of seats and ballots: one more than 1/(# of seats + 1). In a race to elect three seats, the winning threshold would be one vote more than 25% of the vote -- a total that would be mathemetically impossible for four candidates to reach. http://www.fairvote.org/pr/ALmodified.htm 5/29/03 Factsheet At Large Modified Systems Page 3 of 4 After counting first choices, candidates with the winning threshold are elected. To maximize the number of voters who help elect someone, "surplus" ballots beyond the threshold are transferred to remaining candidates according to voters' next-choice preferences: in the most precise method, every ballot is transferred at an equally reduced value. After transferring surplus ballots until no remaining candidate has obtained the winning threshold, the candidate with the fewest votes is eliminated. All of his/her ballots are distributed among remaining candidates according to voters' next-choice preferences. This process continues until all seats are filled. Computer programs have been developed to conduct the count, although the ballot count often is done by hand. Choice voting has been used for city council elections in Cambridge (MA) since 1941 and is used for Community School Board elections in New York and for national elections in Ireland and Australia. Cambridge's 13% African-American community has helped elect a black candidate in every election since the 1950s; choice voting in other cities -- like New York in the era of Mayor Fiorello La Guardia- - also resulted in fair racial, ethnic and partisan representation. Example: The chart below illustrates choice voting in a partisan race with 6 candidates running for 3 seats: Jones, Brown and Jackson are Democrats; Charles, Murphy and Stevens are Republicans. With 1000 voters, the threshold of votes needed to win election is 251: (1000/4) +1. Note that Democrats Brown and Jones and Republican Charles win, with over 75% of voters helping directly to elect a candidate. Having won 60% of first choice votes, Democrats almost certainly would have won three seats with a winner-take-all, at-large system. (They also would have won three seats with a limited vote system-- and likely with cumulative voting-- because of"split votes" among the Republicans.) Despite greater initial support, Murphy loses to Charles because Murphy is a polarizing candidate who gains few transfer votes. Finally, 45 of 345 voters who help elect Brown in the fourth count chose not to rank Charles and Murphy, which "exhausts" their ballots. lsat 2nd Count 3rd Count 4th Count 5th Counl Count Jones' Smith's Jackson's Brown's Jones Candidate wins surplus votes votes votes transferred transferred transferred transferre IBrown (D)]1175 1l+10 = 185Il+ 10 = 195 l]+150 = 345ll- 94 = 251 I IJones (D) 11 70 11-19 = II- II- II- I I Jackson I[1~ 11+6= 161 11+6- 167 http ://www. fairvote.org/pr/ALmodified.htm 5/29/03 Factsheet At Large Modified Systems Page 4 of 4 I(D) II II Ichar,es II II (R) 130 + 2 = 132 IMurphyII II i(R) 150 + 0 = 150 ISmith(R) 11120 I1+ 1= 121 IExhaustedll- II- 11-121 = 0 II- II- II- II- I1+ 45 = 45 TOP Copyright © 1999 The Center for Voting and Democracy 6930 Carroll Ave. Suite 901 Takoma Park, MD 20912 (301) 270-4616 __ cvdusa@aol.com http://www, fairvote.org/pr/ALmodified.htm 5/29/03 AGENDA ITEM NO: lO£ MEETING DATE: June 4, 2003 SUMMARY REPORT SUB3ECT: APPROVAL OF LETTERS TO SENATOR CHESBRO AND ASSEMBLYMEMBER BERG EXPRESSING APPRECIATION FOR THEIR EFFORTS REGARDING THE UKIAH AIR ATTACK BASE The continued existence of the California Department of Forestry air attack base at the City of Ukiah Municipal Airport appears to have been approved for funding for at least this summer and next summer. At this time, the City Council may wish to send letters of thank you to both Senator Chesbro and Assemblymember Berg for their valued and extensive efforts toward saving our air attack base in the Ukiah region. Staff is asking for Council's approval of the attached draft letter, which, if approved, will also be sent to Assemblymember Berg. RECOMMENDED ACTION: Approve Mayor signing letters to Senator Chesbro and Assemblymember Berg in appreciation of their efforts towards saving the Ukiah air attack base. ALTERNATIVE COUNCIL POLICY OPTIONS: Provide alternate direction to staff. Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Candace Horsley, City Manager N/A 1. Draft letter to Senator Chesbro Approved: ~"~;/~'q,~ ~ Candace Horsley, ~t~ Manager 4 : CAN/ AS R.N r Attack Thanks. 6040 3 of lt iah June 4, 2003 Senator Wesley Chesbro State Capitol, Room 5100 Sacramento, CA 95814 RE: Ukiah CDF Air Attack Base Dear Senator Chesbro: On behalf of the City Council of the City of Ukiah, as well as the entire community, please accept our great appreciation for your invaluable assistance in saving the California Department of Forestry air attack base in Ukiah. Your efforts are particularly appreciated in the face of the many difficult choices and decisions you have been called upon to make in resolving the States budget crisis. The history of our nation is replete with examples of small communities whose members join together in order to overcome difficulties or crises against apparently overwhelming odds. At these times, and without exception, leadership is the hallmark of such effort's success. Your leadership and willingness to stand in the forefront of the grassroots movement to preserve this essential public safety service clearly demonstrates your personal commitment to the health, welfare, and economic vitality of our community. Sincerely, Eric Larson Mayor, City of Ukiah 300 SEMINARY AVENUE UKIAH, CA 95482-5400 Phone# 707/463-6200 Fax'# 707/463-6204 Web Address: www. cityofukiah.com ITEM NO: lO§ MEETING DATE: .lune ,~, 2003 AGENDA SUMMARY REPORT SUB3ECT: CONSIDERATION AND POSSIBLE APPROVAL OF EXTENSION OF FRANCHISE AGREEMENT WITH ADELPHIA CABLE Adelphia cable company has requested that since the contract with the City for our franchise agreement expired in November of 2000, that we extend the prior franchise agreement until December 31, 2003, or until a new franchise agreement is approved, whichever comes first. Adelphia is being required to do so under the current bankruptcy proceedings. The County of Mendocino has already signed an extension, and Adelphia is now requesting approval of the same extension from each city within Mendocino County. RECOMMENDED ACTION: Approve extension of franchise agreement with Adelphia Cable. ALTERNATIVE COUNCIL POLICY OPTIONS: Provide alternate direction to staff. Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Steve Lamp, Adelphia Cable Candace Horsley, City Manager N/A 1. Letter and agreement from Adelphia Cable Approved' Candace Horsley~ city ~nager 4:CAN/ASR.Aclelphia.60403 , delphia May 27, 2003 Candace Horsley, City Manager 300 Seminary Drive Ukiah, CA 95482 RE: Franchise Extension Dear Ms. Horsley Adelphia and the City of Ukiah have continued to follow the franchise that expired in November, 2000 in it's entirety, until such time as the new franchise has been approved. This has not been an issue with Adelphia until recently due to our current bankruptcy status. Several Lending Institutions that are providing DIP (Debtor In Possession) loans have demanded that we either have an existing franchise, or an extension to an expired franchise that is currently under negotiations. After talking to Bruce Mordhorst at the County, he believes that the Cities and the County are on track to review new Ordinance and franchise language sometime in August, with approval prior to the end of the year. To meet the demands of our Lending Institutions, I am requesting that the City of Ukiah review and approve an extension of the prior franchise. The extension document attached does not allow for any language change to the prior franchise and automatically expires at mid-night, December 31, 2003. Thank you for your consideration of this request. If you have any questions, please contact me at your earliest convenience at 462-2132. Sincerely, Steven R. Lamb General Manager attachment 1060 North State Street Ukiah, CA 95482 Phone (707) 462-8737 Fax (707) 462-6973 adelphia.mendocino@adeiphia.net 1 North Main Street Coudersport PA 16915-1141 -Adelphia Phone (814) 274-9830 Fax (814) 274-7782 Internet www.adelphia.net FRANCHISE EXTENSION AGREEMENT The undersigned mutually agree to extend the current Cable Television Franchise Agreement entered into on November 25, 1985 between the City of Ukiah ('Grantor") and Century Mendocino Cable Television, Inc. d/b/a/Adelphia Cable Communications ("Grantee") (the "Franchise Agreement") through December 31, 2003 or whenever a new agreement has been signed, whichever comes first. During said extension, the terms and conditions of the current Franchise Agreement shall remain in full force and effect. Both parties hereby reserve all rights under applicable provisions of the Cable Act, including Sections 626 and 635. Nothing herein shall be deemed or construed as a waiver, release or surrender of any right that either party may have under the Cable Act or any applicable law. Execution of this Extension ("Extension") shall neither constitute an assumption or rejection by Grantee of the original Franchise nor a waiver of Grantee's rights respecting the Franchise, including, without limitation, all of Franchisee's rights under section 365 of the Bankruptcy Code, 11 U.S.C. § 365. AGREED: AGREED: City of Ukiah Century Mendocino Cable Televison, Inc. d/b/a Adelphia Cable Communications By: By: Steve Delgado Its: Its: Title: Title: Regional Vice President, ACC Operations, Inc. Date: Date: