Loading...
HomeMy WebLinkAbout2003-07-16 PacketRESUME CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 July 16, 2003 *5:00 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PRESENTATION Ci~Mgr. a. Presentation by Mendocino RELEAF 4. APPROVAL OF MINUTES ContinUed a. Regular Meeting of June 4, 2003 Mayor Read 5. 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. Mayor Read 6. 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. Approval of Disbursements for Month of June 2003 b. Rejection of Claim for Damages Received from Kevin Cotroneo and Referral to Joint Powers Authority, Redwood Empire Municipal Insurance Fund c. Report Regarding Grace Hudson Museum Purchases of Computer Hardware From Gov Connection Inc. in the Amount of $7,051.69 and Computer Software From Mac Mall Government Sales in the Amount of $6,180.43 e. Adoption of Resolution 2004-1 Removing On-Street Parking and Establishing A Bus Loading Zone On Washington Avenue Adjacent to Ukiah Ford f. Waive the Bid Proposal Irregularity and Award Contract To R.W. Murray Inc. (DBA A to Z Construction) For 2002 STIP Construction of Sidewalk Along North State Street, Specification No. 02-22 In the Amount of $77,095.50 g. Award Construction Contract To Granite Construction Company in the Amount of $125,249.55 For The Construction Of The Gobbi Street Class 2 Bike Lane Project From Orchard Avenue to Babcock Lane, Specification 03-06 h. Report of the Acquisition of ESRI ArclMS Software From Rockware, Inc. in the Amount of $6,250.00 Mayor Read 7. 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. Speakers addressinq Council' Richard Johnson, Brian Manning. 8. PUBLIC HEARING (6:45 P.M.) a. Introduction of Ordinance Amending In Its Entirety Chapter 11, Article 2 of the City of Ukiah Municipal Code Regulating Cable, Video, and Telecommunications Services and Consideration of Community Needs Assessment Report For Public Access Cable Television 1) M/RC(5-0)Introducin~ Ordi~~ : 9. NEW BUSINESS a. Adoption of Resolution Making Appointments to the Planning Commission b. Award of Bid to Ferranti Construction For Improvements to Municipal Parking Lot "C" In The Amount Of $92,447 And Approval of Budget Amendment Co Consideration and Approval of Joint Workshop For The Ukiah City Council and Ukiah Valley Sanitation District to Provide Project Update Regarding the Wastewater Treatment Plant Improvement Project d. Adoption of Resolution Urging California Legislature to Use Balanced Approach In Adopting the State Budget As Requested By Assemblymember Patty Berg No action taken : e. Adoption of Ordinance Amending Articles 3, 4, 5, 6, 7, and 8 of Chapter 2 of Division 9 (Zoning) of the Ukiah Municipal Code Pertaining to Residential Second Dwelling Units M/RC (4-1) (Baldwin'NO) AdOpting Ordinance 1047With minor correction to OrdinanCe 10. COUNCIL REPORTS 11. CITY MANAGER/CITY CLERK REPORTS 12. CLOSED SESSION 10: 45p. m. 13.ADJ O U R N M ENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. RESUME UKIAH REDEVELOPMENT AGENCY REGULAR MEETING CIVIC CENTER COUNCIL CHAMBERS 300 SEMINARY AVENUE July 16, 2003 8:00 P.M.* 1. ROLL CALL Chair Read 2. AUDIENCE COMMENTS ON NON-AGENDA ITEMS The Ukiah Redevelopment Agency welcomes input from the audience. 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. Chair Read 3. APPEAL PROCESS Persons who are dissatisfied with a decision of the Redevelopment Agency may have the right to a review of that decision by a court. The Agency has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety (90) days the time within which the decision of the City Boards and Agencies may be judicially challenged. M/RC (5-0) . APPROVAL OF MINUTES a. Regular Meeting of June 18, 2003 5. NEW BUSINESS a. Award of Bid To Ferranti Construction For Improvements To Municipal Parking Lot "C" In The Amount Of $92,447 And Approval of Budget Amendment M/RC (5-0) awarding bid to Ferranti Construction for improvements to Municipal Parkinq Lot "C" in the amount of $92,447 and approval of budget amendment - b. Approval of Performance Agreement With The Greater Ukiah Chamber of Commerce And Authorize Executive Director To Execute Agreement M/RC (4-1) (Baldwin-No) approving Performance Agreement, with amendment, with Greater Ukiah Chamber of Commerce in the amount of $25,000 and authorizinq the Executive Director to execute the aqreement 6. COMMISSIONERS REPORTS 7. EXECUTIVE DIRECTOR REPORTS 8. CLOSED SESSION 9. ADJOURNMENT *Or as soon as the meeting may be held in conjunction with the City Council meeting. CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 July 16, 2003 *5:00 p.m. '5:00-6:00 p.m. - **Interview Applicants for Appointment to the Planning Commission 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PRESENTATION a. Presentation by Mendocino RELEAF 4. APPROVAL OF MINUTES a. Regular Meeting of June 4, 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. 1 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. Approval of Disbursements for Month of June 2003 b. Rejection of Claim for Damages Received from Kevin Cotroneo and Referral to Joint Powers Authority, Redwood Empire Municipal Insurance Fund c. Report Regarding Grace Hudson Museum Purchases of Computer Hardware From Gov Connection Inc. in the Amount of $7,051.69 and Computer Software From Mac Mall Government Sales in the Amount of $6,180.43 d. Adoption of Ordinance Amending Articles 3, 4, 5, 6, 7, and 8 of Chapter 2 of Division 9 (Zoning) of the Ukiah Municipal Code Pertaining to Residential Second Dwelling Units e. Adoption of Resolution Removing On-Street Parking and Establishing A Bus Loading Zone On Washington Avenue Adjacent to Ukiah Ford f. Waive the Bid Proposal Irregularity and Award Contract To R.W. Murray Inc. (DBA A to Z Construction) For 2002 STIP Construction of Sidewalk Along North State Street, Specification No. 02-22 In the Amount of $77,095.50 g. Award Construction Contract To Granite Construction Company in the Amount of $125,249.55 For The Construction Of The Gobbi Street Class 2 Bike Lane Project From Orchard Avenue to Babcock Lane, Specification 03-06 h. Report of the Acquisition of ESRI ArclMS Software From Rockware, Inc. in the Amount of $6,250.00 7. 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. Introduction of Ordinance Amending In Its Entirety Chapter 11, Article 2 of the City of Ukiah Municipal Code Regulating Cable, Video, and Telecommunications Services and Consideration of Community Needs Assessment Report For Public Access Cable Television 1 NEW BUSINESS a. Adoption of Resolution Making Appointments to the Planning Commission b. Award of Bid to Ferranti Construction For Improvements to Municipal Parking Lot "C" In The Amount Of $92,447 And Approval of Budget Amendment c. Consideration and Approval of Joint Workshop For The Ukiah City Council and Ukiah Valley Sanitation District to Provide Project Update Regarding the Wastewater Treatment Plant Improvement Project d. Adoption of Resolution Urging California Legislature to Use Balanced Approach In Adopting the State Budget As Requested By Assemblymember Patty Berg 10. COUNCIL REPORTS 11. CITY MANAGER/CITY CLERK REPORTS 12. CLOSED SESSION 13. ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. ITEM NO. 3a DATE: July 16, 2003 AGENDA SUMMARY REPORT SUBJECT: PRESENTATION BY MENDOCINO RELEAF Mendocino Releaf is a program whose members are dedicated to establishing and maintaining a healthy urban forest for the Ukiah Valley. In their efforts to assist the City of Ukiah, Releaf representatives have acquired and completed two substantial state grants which have resulted in the planting of more than 500 trees. Through the efforts of many volunteers, who dedicated several weekends and days of labor, plantings have been completed in several city parks, along city streets, around city facilities, and in municipal parking lots. Thanks to Mendocino Releaf residents of the City of Ukiah will experience the shade and other benefits derived form a healthy and vibrant urban forest. At the July 16 meeting, representatives of Releaf will provide a presentation of the planting programs which have been completed and update the Council regarding Releaf's current activities and future grant opportunities. RECOMMENDED ACTION: N/A ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Prepared by: Coordinated with: Attachments: N/A Larry W. DeKnoblough, Community Services Director Candace Horsley, City Manager None APPROVED: ,'..~_~/~ ,~ _. Candace Horsley, C'~¥ Manager Releaf. Asr LD/ZIP2 MEMO Agenda Item: 4a TO: FROM: Honorable Mayor and City Councilmembers City Clerk Marie Ulvila ¢,,~22,~_.~_~,,~ /~_~:.~.,~,_.2'~..~ SUBJECT: City Council Meeting Minutes: June 4, 2003 DATE: July 11,2003 Every attempt will be made to forward the Draft Minutes of the June 4, 2003 City Council meeting to Council for review by Monday, July14, 2003. Memos: CC060403 - minutes ITEM NO.: 6a DATE: July 16, 2003 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF JUNE 2003 Payments made during the month of June 2003, are summarized on the attached Report of Disbursements. Further detail is supplied on the attached Schedule of Bills, representing the four (4) individual payment cycles within the month. Accounts Payable check numbers: 47601-47697, 47789-47983, 48109-48251 Accounts Payable Manual check numbers: 44157-44159 Payroll check numbers: 47698-47788, 47984-48108 Payroll Manual check numbers: none Void check numbers: none This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1. RECOMMENDED ACTION: Approve the Report of Disbursements for the month of June 2003. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Canda~ce Horsley, City Manager Prepared by: Kim Sechrest, Accounts Payable Specialist Coordinated with:Gordon Elton, Director of Finance and Candace Horsley, City Manager Attachments: Report of Disbursements Ap p ROVE D: ~--~--~~~~ Candace Horsley, O~ Manager KRS:W ORD/AGENDAAJUN03 CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF JUNE 2003 Demand Payments approved: Check No. 47601-47697, 47789-47878, 47879-47983, 48109-48251,44157-44159 FUNDS: 100 General Fund $126,194.50 131 Equipment Reserve Fund 140 Park Development $693.32 141 Museum Grants $2,834.77 143 N.E.H.1. Museum Grant $2,482.14 150 Civic Center Fund 200 Asset Seizure Fund $8,735.26 201 Asset Seizure (Drug/Alcohol) 203 H&S Education 11489 (B)(2)(A1) 204 Federal Asset Seizure Grants $1,451.46 205 Sup Law Enforce Srv. Fd (SLESF) $6,261.16 207 Local Law Enforce. BIk Grant $1,666.66 220 Parking Dist. #10per & Maint $369.20 230 Parking Dist. #1 Revenue Fund 250 Special Revenue Fund 260 Downtown Business Improvement 290 Bridge Fund $828.00 301 2107 Gas Tax Fund $145.00 330 Revenue Sharing Fund 332 Federal Emerg. Shelter Grant $15,902.60 333 Comm. Development Block Grant 334 EDBG 94-333 Revolving Loan 335 Community Dev. Comm. Fund 341 S.T.P. $1,152.00 342 Trans-Traffic Congest Relief $20,939.70 345 Off-System Roads Fund ($20,939.70) 410 Conference Center Fund $7,342.24 550 Lake Mendocino Bond 575 Garage $1,172.64 600 Airport 611 Sewer Construction Fund 612 City/District Sewer 640 San Dist Revolving Fund 652 REDIP Sewer Enterprise Fund 660 Sanitary Disposal Site Fund 664 Disposal Closure Reserve 670 U.S.W. Bill & Collect 678 Public Safety Dispatch 679 MESA (Mendocino Emergency Srv Auth) 695 Golf 696 Warehouse/Stores 697 Billing Enterprise Fund 698 Fixed Asset Fund 699 Special Projects Reserve 800 Electric 805 Street Lighting Fund 806 Public Benefits Charges 820 Water 840 Special Water Fund (Cap Imp) 900 Special Deposit Trust 910 Worker's Comp. Fund 920 Liability Fund 940 Payroll Posting Fund 950 General Service (Accts Recv) 960 Community Redev. Agency 962 Redevelopment Housing Fund 965 Redevelopment Cap Imprv. Fund 966 Redevelopment Debt Svc. PAYROLL CHECK NUMBERS 47698-47788 DIRECT DEPOSIT NUMBERS 16913-17045 PAYROLL PERIOD 5125103-617103 PAYROLL CHECK NUMBERS 47984-48108 DIRECT DEPOSIT NUMBERS 17046-17186 PAYROLL PERIOD 618103-6121/03 TOTAL DEMAND PAYMENTS TOTAL PAYROLL VENDOR CHECKS TOTAL PAYROLL CHECKS TOTAL DIRECT DEPOSIT TOTAL PAYMENTS $40,798.65 $213,837.65 $59,628.82 $21,160.51 $560.35 $1,386.00 $24,916.10 $477.70 $66,936.45 $5,329.48 $3,584.21 $4,035.34 $34,522.68 $761,382.23 $12,240.29 $786.87 $45,525.57 $2,455.62 $11,883.32 $187,737.56 $1,058.30 $555.66 $50,000.00 $43,662.40 $1,771,692.71 $69,155.03 $150,039.60 $329,689.91 $2,320,577.25 VOID CHECK NUMBERS: none This register of Payroll and Demand Payments was duly approved by the City Council on City Clerk APPROVAL OF CITY MANAGER I have examined this Re, gjs.~and approve same. City Manager '~ CERTIFICATION OF DIRECTOR OF FINANCE I have audited this Register and approve for accuracy and available funds. Director of Finance u 0 ~ 000~0~ O~i~ om~~ ~o ~ H~ H~ 0 ~ .. .. tn o~ ~ o 0 0 ~~0 ~~H HHHH~ 0 0 ~ © U ZO H 0 , too 0000~ ~ 0 Z~ m ,-q ~ m r..aO © oO o .. ~-~ .. OHHHH 0~~ oooo 8 8 o o o 8 0000 0 0 0 0000 ~ 0 0 0 ~ 0 ~0H 0 "u 0 00,-] ~'0 ~ H I.-I Ca g~ · · 0 OHH~H 0~~ ~H~ mm m © 0000 0000 0000 0000 ~o~ ~ ~ ~ o 8°88 8 8 8 o o o o o o o ~ i-~ o o 0000 bo bo ~. ~. 88 ~°8 ~ 0 0 ~ 0 ~ U U ,,-3 O0 © <,<:: H H o~ ~0 0 ~ 0 ~ ~Z~~Z ~ ~0 00000000000 ~ H o~ oo o ~ o 00 t~ O~Z~ 0000 0~~ oooo oo 0 · r~ · · o o c~ o o o ~00~0~0~00 ........... ~ o~ ~o~ ~o o~ o oooooooooo 8000080000 8008 0080 0 O0 000 0 S ~o o.~ -~° 0 0 0 0 00 0 0 0 0 O0 O0 0008 000 0000 8800800088 O0 000 ~ H 0 ~ 0 ~ 0 ~ 0 L~ ~ , ~ 0 ~ 0 C~ 000000000000000~ 0 o~ o~ o o 0 o ~ o 0o 2~ U H H · · ~HHH~} Hk~HG~ ~ 0 0 o 0000~000000000 0000000~000~00~ ............... 800008008808800 oooo oo o oo 0 cD o o o o o -,.4 o% o ~D oooo88o~oooooo8 0000 0 000000 ~0 o L~ 0 ca o oo~J OOaa L~ L~ H ~ L~O0 H H<: HHH~~ Z ooo~ o H O0 ~ ~ caO © o0 ~Z cD (~ o · . ~ .. H H H H 0 0 C~ L'z'J 00 ~00 0 0~ oc0o o ~ H ~ CD · · · ~~oo~ o O~M~~ ~ ~ HH~ H 00~ 0 o~ o L:'J L-z'J 000000 0 O~ O0 ~ 00 ~ 000 8 8~ ~ ~ ~ ~o~o ~ ~o oo o ~0~~0 0 o ~ ~ ...... . . . oooooo g ~ oo ~ 000000 0 0 ~ 0 o o~o 0 ..-4 0 0 ~° 0 0 o 00 0 o Co o~o~o 888°°8oo 8 000000 0 00 -.4 ,-4 0 00 -4 --4 t'q~H 00~ © © ~ o o o H~HHH~H~H~HH~ ~ ~ ~ ~ OHOXO 0 0~0 ~ ~ ~X ~ Z o o~o~ ~o <~ H~ © oO 0 ~ 0 · . ~ k~ .. U~ ~0~ 0 H 0 O~L~ 0 0 0 L) 0 ~O~O~O~O`4~koO~ 000000~~00 ~~00~~ O0 ~ ............ 00000000~00 ............ o88oo88o088o 0 O0 O0 O 000000000000 0 H H r.~ H 8 8 8© 0 0 ~ ~°33°°~°°~°~ `4`4 `4 ~ 3 O0 00880888© oo 888 8 8 r.~ 0'~ 0 0 0 kO(lDO O ~ '"d 0 H '",.4 0 Q 0 ~3 ~ H ~3 ~ , O~ H ~ ZO o~ O oo o ~ o .0 o cn -4 cF1 O~H 0 O~r.a C~ H O U~ O U~O ~ ~ ~ NH ~ ~ H H o o~ o oo · . . . .... ~ ~ ~ oo · 0 ~ · . . . . 8 8° 8 oo o 0 O0 0 0 O0 0 O0 0 O H H O · · · o o ~o o o 88 8 88 8©o 88 8 ~ ~0 ~ 0 ~H '00~ 000~ 0~ 0 0 0 ;u ~Z © 0 t~ 0 ~ 0 ~J 0 O0 Z~ ~Z 0 HHH~ ZZZU H~H~ 000~ ~0 L-d H H ~ < ~Z ~ 0 H Z © o~ oO · . ~ .. u~ ~000 0 O~ ~0 o o t~ t~ 0~~ ~0000 ~ H H OZZ 0 0 H H ZZ ~000 0~ 0~ mmm ~oo '...4 000 000 ~o o o o o o o o o o o F~ ~ Un 8 88°8o o 88 o 000 ~ ,.,4 o o o o o o H~ ~0 U ~ ooooooooooooooooooooo= ~ ~< o CD .. iz~ k~ .. U'i oo~°°~°~ooo L'rJ L-d U 0~ 0<~ i.-d 000000000000000000000 ~ 0 00~ O0 ~00 0000~00 ~ 0~ 0~0 ~0~0 O0 ~ ~ 000000000000000000000 ~ 000000000000000000000 ~ 000000000000000000000 000000000000000000000 0 0 I~. 0 00 00 ~ I--' O0 O0 © 0,3 ~ U 0 rj~ H 0 0000000000 0000000000~ ua U ~ 0 H ~, © o~ oho oo o · . ~ .. O H H O 0000~0000 .......... ~ °8~ ~oo ~ ~0 ~0 .......... ~0 00~00000~0 0000000000 0000000000 0000000000 0 H ,--3 0 ca · 8 o 8 o oo o o oo 0 0 00 0 CZ} 888 °° ~88°88~ L'd H 0 ,~ 0 L-d <ca r.~ < © O~ oo ~Z o La o · . ~ .. oD~ 0~00 .... ~O~o 0000 0 ~j ~n 0 ~ k-~ oo 0000 0000 o 0 · ~ c~ Z >o o ~0 · . ~ .. o~ ~ 0 ~H ~ 00> ~0 ~ 00~ ~, mmm L~ U ~ H ~ D~ U~ ~ U © o c) 00 U~H U~ ocz omm ~o o ~0 O~ 0 ~0 ~ 0~ 00 0 00 ~0 0 0~ ~ 0 o oo ~0000 0~~ 0~~ 0~00 ~ 00 ~0~ o~ ~ooo 0000 0000 u~ 0~ 00 0 H H go o · o o o · 0 · 0 o o o c~ ~:D o 00000 [~00 0~ 0~ << 00 0 0 O0 O0 O0 0 0 00 (,~ o ooo o o o oooo o oo o 00 00000 ~o o000 o o o o o o o o 0 ZO O0 0 0 0 too · 0 0 ~ H Z~ < U Z ~ 0 0 ~0 · . ~ oo .. ~ H ota~ ~:~o ~ H H ~ H ~ '--] H r~ OOH 0~ H ~ ~ H Z o co co o o o o H :~0 0000000000000000000000000000000~ 0000000000000000000000000000000 HHHHHHHHHHHHHHHHHHHHHHHHHHHHHHH~ 0 0 rj~ 0 ~0 ~0 ~H · 0 0 ~ <~ 0 rj~ <~ ~ 0 H ~ ~ 0 o ~Q · . ~ oo .. oo 00000~0~00~000000000000000000 000~000~000~~~00~000~ ~0~~0~0000~~000~ ~00~00~0~00~00~~~00~00~~ 0~000000~0~000~000~000~~00 0000000000000000000000000000000 0000000000000000000000000000000 0000000000000000000000000~0~0 0 ca ~ 0 O~UJ H kid ~ 00 00 · · 0 H 0 · oo o~oo~oo~oo~oo~oo~oo~oo~ oo88°88°°88°88°°88°o888oo88oo88oooooo oooooo o ~0 0 ~0 r~ 0 0 P-i 0 0 ~ ~ 0 O~ ~00 < © o~ ~0 · - ~ .. ~HH o 00000 ...... o~oo o 0 O0 0 ~oo o ~0~0 H · . · · 0 0 OHHH~H °~~ 0000 000~0 H 0 000 oogoo o oog S~oog ooooo 8 °°8 88808 ~~ 0 000 00000 00000 ~ ~ ~~ ~80~ ,,,,, 00000 00000 O0 0 00000 ~,o ~0 H 0000000000 © U~UUUUU~ 00000~ .< ~ U ~ 0 © o~ o o~ o · . ~ (3o .. 0 ~ O~ ~ ~ ~ ~ ~ 0 ~ 0 O0 0000 ~A~~O 0 0 0~ ~ 0~ ~ooo ~A~o~oos~ o o oo o om ooo o~ o oo 0 0 O0 ~ ~~ 0000 0000 00000 o~°~ ~0~ 00000 0°88° 00 ~ o~o~o ~ ~ ~o~ ~ ~o~ ~°~ ~oo~oo~~ ~ 888080800 ~ ~ ~' ~ 8© ~~ o 8 ooo o o o o~ o o~ o~o ooo~oo~ o 8 8 8© o oo 0880 800888088 0 0 0 O0 0 0 O0 8© 088© o ~° o ~ ~0 HHHH 000~ HHH~ o 0000000000~00~ ~~~~'~H < < ~ 0 © ~0 O 0~ O · . ~ 0o .. 6D L"d ~ 6'b ~2 H ~ ~-~ p-~ 000 000 · . . 0 000 · 0 0 0 t~ ~ 0 · . 000 000 ~ 00 ouuu UUU ~ ~ O0 P OH~ OOOO ~ 0~ ~ 0~0 }''' ~ } ~ }H~ ~'' ~ H ~ M H~ <'' · . 000 ~ 00 000 808 ~ ~ ~~ ~ 008 0 ~ .... ~,~ O00 0 0 00 0 · 0 0 0 00 0 0 0 0 O~ 0 0 H~HH HHHHHOOO O0 0 0 ~01~0000000000 00 00000000000 8008 008 oo O~ 000 000 U ~ 0 0 o bi 0 o ~oo~o co 0o Co 0 0 H }-~ i-.., Un ~.n Ln 00--40t ogo o S go g goo 0o0 000 8 8 88 8 888 8008800880080 O0 O0 O0 0 o 0 O °°SSgogosooss 8008880088088 00 00 O 0 < © ~0 o .. 00 .. ~O0~ MOHH wOO 00~ ~H~ ~00 OO0 · . · O00 O~ · . · ~ o ~ ~H ~ 0 oooo ~~ oo~oo o oo o ....... , .................. oSS~ ~~~ ooos~oog Soos ~ ~ 000 000~ ~ 0 ~ .......................... ~ 8© ~8 °°8~°~ ~ ooo o~8 O~ ~0000 ~ 0~0~00~~0 .......................... 088o088o888o888oo88oo80800 0 O0 0 0 O0 O0 ~ O0 0~000000~000~0~0000~0 ~00 0 O0 ~O 000~00 ~~00 00~00 0~00~0 O0 O0 OOOOO0 0 © 000 oo ~~~oo ~~~o~oo~o 00000000000000000000000000 8°0 °8°°88°°88°°88008800888088 o o °8° °88°o8oo8ooo88oo8o8oo88oo8 o 8 0 O 0 O0 O0 000 O0 0 O0 O0 0 000000 oo88°8o o~ ~0 ~ H L'd ~ H H ~ 0 ~3 '"d ca 0 © ~0 H O~ ~ U r~ 0 H~ o~ F~O · . ~ .. O:~H ~ b~ O ~3 H O~O 0~ ~ OH~ OH OH~ H O~ 0 0 ~ ~~ 0 O0 ~ 0 · . o o oo o o o oo o o ~ oo o 0~ O0 c) o · o~ o~ I.~ I-, ~ Kc) · · , 0 © < · ~D 0 0 0 0 O0 CO O0 gO 0 0 0 0 o~ 8o oo o 8© 8 8© 8 o 8 8 ~ ~'0 <~0 ~O OO < [--q r.~ c~ O © o~ ~0 CD · . L~ 0o .. o°88°88o 0~000~ OH ~O 0~~ ~HH ~O~ ~000 SSS© o ~ n ~-t i--t o OH O OHHH © 000000 o 0 0 o~ un o8 o~o~ 0 0 ~ © ~0 ~0 < © I~ H ~ 0 ~ 0 H 0 < U ~ ~ U ~ 0 H ~ © H H t'dO0 i~l H H O~ ~ 0~ i.-t H I.-t L-'cI ~ ~ ~ ~ ~ t~ t~ t~ t~ 0 H H H H r~ CO r.D r~ 0000 H H ~o o ~oo ~ ~o ~oo~ O0 CO O0 C:O O0 ooo o oOO oo ~00~ 0~0 ~00~ ~0~ o o · , OO ,o H ~ 0 H ~ o ~ o © > © ~0~0 0 00~0~0~00~0 H 0 U~ 0 .. 0 ~D (.,n 0 ~. O~ · (3 ~ o ~ ~ HH ~ ~ < H < © 0 rj~ 0 · . ~ ,, 0 H~HH~H ~ ~H~H~ ~ H ~ ~ ~ ~ 0 0 O0 0 0 ~ · . . 0 0 0 0 0 0~ ~ 0 ~ L"d ~d 0 O~;d Or.a~ ~H OHH~ o~ 000 ~ooo 0~ 0 zzz ooo 0 000 0 o8°°88oo 8 000000 0 0 0 F-' 0 0 k.O L.~ '4D L.~ L~ I-.~ 0 o 0 o 00-*4',.o oo8 0 0 o~ · ~ ~0 H 0 ~ac8 0~3 HO ~[~ © © · . · . . ~ ~ o o ~ ~ o °© ~o 0 0 0 L'O 0 c~ ~ ~ 0 0 ~00 O0 · 00~ ~ · 0000 O0 0 0000 O0 0~ 0~ HH mmm 0 0 m i.-i ~.~ ~.~ ~ C} ooo 0 ~u~ c~ 888 ~ o o o 88°§o S~ o o 8 o o 8 8© °88 ~ 0 0 0 0 0 O0 000 ~ ~0 ~H ~0 ~ ~H ~H ~0 H ~ ~ O~ O~ U O22 0 0 0 O~ 0 ~ b~ ~ b~ O H 000 < ~ 0 H ~. © ~0 CD · . ~ .. CD · 0 · · ~D ..-4 -...4 0 0 0 0 0 ~OHO 0HH~H 0~~ ~H~ H~ H ~00 .... oo 0 0 ~J ~-h 0 ~ k~ 8 o o o o 8 8 o o 0 0 0 0 0 0 0 H ~OC~ © Om ~OW WO ~ H 0 U < ~ 0 H~ © o~ ~0 o · . ~ .. · ooo ~ ~ o ~ ~ ooo ooo ~ Z ~ ~ ooo ~ o 88©o o °88 8 q 000 000 ~ o o ~o o ~ o o ~:~ ~ ~-~ ~ Ln U'l o o o 00 88,=, o o o o o i-~ o ~.o oo8 o o o o o ~ o~ o~ -.4o%0o o~o~ o o o o o o o o o ~0 U 0 r~ O~ <:: ,-a ~ H <:: :;:U H U ~ >' U H H H 0 ~0 H L-d 0 · c~ ~ ~ H ~ H H © 0 H ~ U caO H ~, © o~ CD .. ~1 .. CD ::::u U >c:: :;::d H · o o 0 ['o L~ L~ · o ~00 ~.~ O~U~J 0~ << ~H 0 H 0 0 H un c~ o o ~ · · ~1 o i--, ~ ~D ~ 0 ~, O~ 0 ('~ '..0 I--' 0 0 C~ · ~. 0 ,--3 0 ~o~ o~ ~ ~.°~ ~o~o I.j'l ~ ~rl Ltl Ln 8© o o o8 88 8 0 0 0 0 ~ o o oo ~ o 00000 0 0 O0 0 O0 0 O0 0 0 O0 0 ooooo o o oo o (b ~0 0 ~0~~ HHHOH~H OmO O~ ~ o ~ ~0 °~ © c0 H 0 0 © 0~. ~0 H H o~ oho ~0 o · . ~ .. o ~D · ~~ ~ 000~ 000000 0 0000 ........... 00~~ ~ ~ O0 ~o~oo ~ o~0oo ~ ~ ~ ~00~ ........... ~ ~ 0 0000 ~00000 0 0 ~o888 o 0882 0 ~ 0000 · o `4 · o o o ~00 0~ O~C O0 ~D ~D 00 00 · · 00 Cn U~ · . 00 00 I-4 ~00~ ~0O0~`4~0O 0 ~H 0~ ~mOm · . . {2O00 · · 000 00 00 DO o o o000000 0080088 O0 O0 0000000 8008008 O0 O0 0000000 0 ,:'j ~h 0 o o~g~ ~ oooo ~00~ 800800 o °88° O0 O0 0 0 0 oo~ u1 u'~ L,,.) F-~ i-~ ~D ~4D ~D '.-4`4`4 000 000 000 ~. i..-~ ~--~ `40O0O O0 ~--~ i.-J 0 0 0000000 o ~oo~o o O0 O0 0 8008008 O0 00 0000000 ~0 HHHHHHHHHHHH ~ o o o o ~ o o ~ H 0 o < © o~ o ~ o, 0 ~OO o I.-I ~-I r.D r.~ OHHH HHH O~ 0 0 0 0 OHHH 0~ HHH ~o~~oo~ 00000000000 oo88oo8oo8o 0 , , , 0 0 ~,o H ~3 u~ H o~ CD ~ O o0 O ',4:) ~0000000000000 ~00~00~~00 ~0000~~000 0~~0000~~ 0000000000000~ 00000000000000 00000000000000 00000000000000 ~0~0~0~~~ ~ ~HHH~HHHHHHHHH ~ ~ oooo~ ~o ooo~oo~~o~ ~~o~o~o~ ooo~o~~oo ~~~oooo~ oo§~oo~o~oo O0 O0 0 O0 000~000000000 0 '"d t-h 0 88oo88oo88oO88oo o ooo oo o8oo88oo88ooo 0 O0 O0 000 0 ~ ~0 HO H H L~O ~0 © ~0 o o · . ~ u~ M .. t-q © ~~00 ~000~ 0~~ ~~HH mmm 0 0 O o oo Z ~ · . ~ ~ o cD · . ~ u-~ un 0 o o c~ · · ~Z o~ q ~D 8 8 88 Ss ~D 00 CO 00 00 00 ~ ~ H 0 ~UO , ~ H 0 < O~ 0 ~ H H H ~:;:~ ,-z-J ,-z'J H H H IZ-~ ~0 < ~ U o~ 0 © o~ o r.~ o · . ~ .. c) o o O~H 0 ~ O~Ca H · o 0HH ~ 0~HHHH ~ ~ ~H~~ 0 ~ 0 O0 0 00000 · ....... ~§ ° ~oooo ~ ° ~ 00000 ..... . · ~ ° ooooo ~ 00000 OL~ O<H H 0 0 © oo ~ ~ · . ~ ~ o o · . (~ ~ o~ (~ ~J ~o 0 ~ o c~ o o ~ o o o ~ o o o i-~ ~ o o o o o8 o~ ~0 H 0 ~ H ~0 U ~ ~J ~ o:~ o o~ 0o iz~ o~ co 00 uq o o o · [-q © U3 0 0 < o 00 u~ o~ ~0 Z ~o o ~[-rjo CQ <::~ >, < ~ · < r.a 0 H~ © C~ ~ c~ OO ,o ~U OH~ g~ · 0 H H H ~ · 0 · · ~00 o~ o~ << r.D CO · t.~ ~ · · <2> ~ C> <2:) OH~ ,--] ~ ~ o Co CO . U~ · o 0 Ln O O O O O O O O OO ~3~o ~ 3 3¢ ~°°3~ oooo~ ~ o~ ~oo~ OOOO O OOOOOO O OO OOOO ~O~~ ~O~ O O O O O 00 ~ O 0 I.~ ~ o~ O% 00 0o -.4 <2> CO O O o O o~ O kid ~O O O O O O U 0 L'd 0 ~00 b-Jo~ 0 ~0 o 0 H i H 0 H L-d ~0 ~--] ~'~ H ~ou ~0~ r.a ~ 0 <: L-rJ L~ ~ ~0 © 0~ 00000 Z~ZZZ oo o ooooo ooooo 0 H H H H 0 0 ~d ~d ~ oos Sooso S ooo ~o~o o ~o o o o o o ~o o~ 00000 O~ 0 u ~ td Ora u L"rj 0 0 0 0 ~.r.a o oz o o o<::: ,"d ~ L"d ,-] 0 , Z ~ , ~H 0 o,-] , ~ o HHHH 0000~ ~H~O < ~0 H Z o~ ~0 o .. 0o .. ZQQ O ~ H ~ u~ ~ ~ ~ u,~ OHH ~ ~ ~ ~ o~ ~ ~ ~ ~ oo~ NH ~ ~ ~ o ~ oo o o o o ~ o ~ ~ 0 ~ 0 0 0 O0 ~ 0 0 0 O0 oo ~ ~ ~ o ~ ~~ ~ o ~ o o o o o ~ ~ o ~ ~ o~ ~ ~ ~ o ~ ~ 0 ~ · 0 ~~ ~ ° 0 · ........ oo o o ~ ~ ~ °8 8 ~ ~ ~ O0 ~ ~ 0 0 0 · 80 o o 8 8 08 o o 0 0 0 0 0 0 O0 0 0 ~ 0 O0 0 0 ~00 0~ ~H ~OOH~ o~o 0 0 0 0'~ c~ U.~ ~. ~ t.~ u~ u~ o o o o o o o~ 0 0 0 0 0 0 0 0 0 0 U'] C.n U1 U-I U"I U-I O~ U'I ~,. U~ ~ Cn o o o~ · ~ ~,~ H O~ ~'0 H o © '0~0~0~ ~ 0 H o ~ H H o~ ,--3 "'d < ~Z r~ 0 H 2~ o (hO boO o E/~ o~ o0 ~Poooo ~ .... o0~~ O0 · O ~O0~O00 8 ~O0~O00 000000 0 o88=°8oo 0~ H H 0 O O O 7o8 o 000 O00000 0o8 8o88oo O0 0 O0 ooo ~o~oo O00000 O ~o~o~ 00 0 ~o O 0 0 O 0 CD U'~ Ltl ~ ....4 88 ~o ~0 ~ H L~J 0 ~ 0 © ~0 · . ~ oo .. 0 H H O~a~a L"d 0 0 0~ H H o 8 ~0 0 0 0 0 '..ID L.O L.O LiD OD ~4D "--3 O~ (3'1 F-~ ~ 0 0 CD 0 0 0 ~o I-fl ["q 0 ~o. 0 r.a ~ H~ ~ O~ ~H ~ ~ ~ ~ H 00~ ~Z ~ ~ ~< 0 ~ ~ > m Om O0 O~ m ~ H ~ 0 0 ~ H ~ 0 < U ~ m 0 © o~ o o o>, .. ~-~ o b"J 00 o. D~ ~OmOH OHO'O0 ~0~0 0000 00~0 0 0 0", 0 L"-..) CF1 ..~,] 0 L'~ ~ °© ~. °© ~ o o F.~ (~ O0 DO C) 00 00000 8°°88 oo ~o o 0 ~ ~ 0 0 ~ 0 o ~ ~ H Z ~ 0 ' Z ~ o o ~ ~ o 000 O0 0 0 0 0 ~ 0 0 ~ 0 0 0 o88 8©o 8 o o 8 8S 8 8 ~ ~ r.a 0 , H ~o o ~ o H~ 0~ u ~ o o o--~ u ~ o u ~ m o © o~ ~0 0 C~ o~ o ~ 0o .. H Z~~ ~ 0 ~ ~ ~ O0 H o ooooo ~ o~~ ~ o~ ~ ~ HH ~ ~ o oo 8 8 oo o 0000 00000 0 ....... ....... ~oo ~ o oooo ~ ............. ~ ZZ~ o ~ ooo oo o ~ ~ 0 ~~ ~ O0 0 .......... . . . oooo o o ooooo o oooo o o ooooo 0000 ~ ~ O0~ ~ 0~,-3 · 0 0 · 0 · 0 0 0 0 0 0 008©o 8 8 88888 o 08 o 0 ~ Oo 000000000000000000000000000000~ ZZZ~ZZZZZZ~ZZZ~Z~~ZZ~Z~~Z~ © © 0 < o~ o · . ~ co ,. u~ ~ ~o ~ o~ oo goo ooggoo g ~0 ~0~00000 0000 000000 000 0 0 0~ O~ ~0 O~ ~ ~ ~ 0 0000 000000000 0000000000 O0 o~oo~o~oo~oo~oo~oo~oo~o 0 O0 0 O0 O0 O0 O0 O0 0 00000000000000000000~000000000 ~~~~0~ ~HHHH~HHHH~H OHHHH~HHHH~H o © 000 O0 O0 ........ o · 00000000000 00000000000 000000000~0 o~o~~~oo oo oo oo o ~°~°~°~°~°°~°~°~°~°°~~ ~~ ~ ~ ~ 000000000000000000000000000 O0 ~oo~oo~o~ooo~oo~oo~oo~oo O0 O0 0 000 O0 O0 O0 O0 00000000000 ~ 0 H 0 O~ ~ ~ ~ OH m © © © ~00 © H 0000000~ ~ 0 © © o~ o o~ 0o 0 k~. OD 0 U'I 0 0 00 00 0 0 o OoO oOo© o °© o <~ OC::H ~] H ("] 0 ~ r~ ooooooo ~ g° o~°°~oo ~ 0000000 ~oo o~o ~ o i-.a U1 U-i t.,q U'I 00 00 0 0 0 oOO OoO °© o o 0 CZ) ,CZ) CD 0 ~00 0 0 CD 0 °~ 0000000 ~oo~oo O0 O0 o~ CO o:~ ~o ~o o o o ~ H ~ 0 ~ 0 H ~' L"d 0 < © o~ ~0 · . ~ Co .. ~ ~ ~~ ~oo ~oo~ ~ ~ 0 ~HHH ~ Z~ZO~ H ~ 0 0000 0~ 0~~ 0 ~ ~~ ~ ~<~< ~< H ~ HHH ~ ~~ H H H 0 ~ e H ~ ~ H 0 000 O0 000000 · ~ ~ ~o oo ~o ~ ~ 0 ~ ~ 0~000 ~ 0 0 ..... ~'0~ ~ ~ ooo ~ ~~ o ~ ~ 0 0000 0 ~ ~ § ~§~oo o ~ 0 ~00 8 O~H ~ H r.~ ~ Z ~ ~ o o ~ ~ ~ 000000 ~ ~ 0 000 O0 000000 0 888 88 8888°°oo 8 0 ~ L'rJ ~ ZZZ o 00 o ogg o~ 0 ~u 0 U ~, U H 0 ~H 0 ~ ~c::: 0 i.--t H~ H ~ O~ >, OH Z< ~H H © H r..D H ~ 0 ~ L~O ~ H ~ · ~H 0 ~U U < U Z ~ 0 H Z © ~-Z o ~,] o · . ~ o ~ ~ ~1 H 0 0 ~ , , o o o o o o o L~ b~ ~ O~ ~0 © ~H ~0 0 i ~ 00000000000000000000 ~ 0 © , i © o~ 0 gl o~ · . ~ o Vd ~0 .. L~ 000000000000000000000 O~ ~ O~ ~ ~ 0~0 ~0 0~00 8°°88oo88oo88oo888oo8 O0 O0 O0 O0 O0 000000000000000000000 0~~ 0000 0000000000000000 88oo88oo88ooo88oo88oo 0000 0 o~°o ~ H m ~ o ~ o u < ~d U 0~ 0 H ~. o r.~ O L'd CO ,. ~ H 0HHHHH~ HOHHH ~ ~ HHHHH ~H~HHH ~ ~ ~~~0~ 0 ~ 00~0~0~0~ ~ ~ ~0~00~0 · 0 000000000000 0 000000~00000 0 ~.~ Oa 0 0 0 0 0 0 ~ H H L-zJ oo~oo~o~ooo O0 O0 0 o~o o~ :~o 0 O~ © ['ri H ~~HHH ~ ~ ~ O~O000000Q o~~ ~ < U~ t~ ~ ~0 H ~ © o~ o 0~ o o~ .0 ~.~ o L-d ,0 H OH~HH~~ ~ ~ ~H~HHHH ~ ~ 00~ 0 0 ~ 00~000000 0 0 · · 0~00~~ 0 ~ oo~oo~o ~ o o o · o o o ~ ~o o 000000000 0 0 0 ~°°~°°~oo oo o° ~ ~ ~0 o ,.~ tm*, o >o ~f I I o ,-] t.,,-i CD < oh · o ,-q 0 ~ L-rJ o'~ ~ U ~ L"d 0 c> c) H c~ ~ o o H ,< U Z ~ U ~ 0 H~ © o(~ O~ ~ H 0 0 U ~HCI ~H ~LTJ 000 H H 0~ i-q I---i ~1 H ~I~ ~ H Lr'l 0 0 0 0 o~ H c:, 0 0 Z Z m Z ITEM NO. 6b DATE: JULY 16, 2003 AGENDA SUMMARY REPORT SUBJECT: REJECTION OF CLAIM FOR DAMAGES RECEIVED FROM KEVIN COTRONEO AND REFERRAL TO JOINT POWERS AUTHORITY, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND The claim from Kevin Cotroneo was received by the City of Ukiah on June 26, 2003 and alleges damages due to a traffic hazard at Brush Street and Orr Road intersection on June 14, 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 Kevin Cotroneo 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 Kevin Cotroneo, pages 1-17. A p p ROVE D.?"~,~'~~~-,X,' Candace Horsley, City I~nager mfh:asrcc03 0716CLAIM File With: City Clerk's Office City of Ukiah 300 Seminary Ave Ukiah, CA 95482 CLAIM FOR MONEY OR DAMAGES AGAINST THE CITY OF UKIAH JUN ~ 2 6 2nn3 CITY OF UKIAH RESERVE FOR FILING STAMP CITY CLERK'S DEPARTMENT A claim must be presented, as prescribed by the Government Code of the State of California, by the claimant or a person acting on his/her behalf and shall show the following: If additional space is needed to provide your information, please attach sheets, identifying the paragraph(s) being answered. , Name and address of the Claimant: Name of Claimant: Address: Address to which the person presenting the claim desires notices to be sent: Name of Addressee: .~__~::~¢~ ~ ,,~% A_/~jO_ V.~ Address: Telephone: o The date, place and other circumstances of the occurrence or transaction which gave rise to the claim asserted. Date of Occurrence: Location: Circumstances giving rise to this claim: Time of Occurrence: 07;/2,4,,'~ . General description of the indebtedness, obligation, injury, damage or loss incurred so far as it may be known at the time of the presentation of the claim. ?D./2APE. t'),~,~£ ~ ~/~r ~~ ~ 19¢~ ~~ ~~ u/- .............. . The name or names of the public employee or employees causing the injury, damage, or loss, if known. Page I of 3 . If amount claimed totals less than $10,000: The amount claimed, if it totals less than ten thousand dollars ($10,000) 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. Amount Claimed and basis for computation: If amount claimed exceeds $10,000: If the amount claimed exceeds ten thousand dollars ($10,000), no dollar amount shall be included in the claim. However, it shall indicate whether the claim would be a limited civil case. A limited civil case is one where the recovery sought, exclusive of attorney fees, interest and court costs does not exceed $25,000. An unlimited civil case is one in which the recovery sought is more than $25,000. (See CCP § 86.) ~ Limited Civil Case ~ Unlimited Civil Case IYou are required to provide the information requested above in order to comply with Government CodeI §910. I 7. Claimant(s) Social Security Number(s): (optional) . Claimant(s) Date(s) of Birth: Name, address and telephone number of any witnesses to the occurrence or transaction which gave rise to the claim asserted: 10. If the claim involves medical treatment for a claimed injury, please provide the name, address and telephone number of any doctors or hospitals providing treatment: 11. If applicable, please attach any medical bills or reports or similar documents supporting your claim. If the claim relates to an automobile accident: /~J~O O/¢--/¢'/~/,~ (... ~¢~,7'"' 7~//~ Claimant(s) Auto ;ns. Co.' Telephone: Address: Insurance Policy No.: Insurance Broker/Agent: Telephone: Address: Claimant's Veh. Lic. No.: Claimant's Drivers Lic. No.: Vehicle Make/Year: ~ ¢..)/~ O_~--.//~.¢~F Expiration: ~/O~-' If applicable, please attach any repair bills, estimates or similar documents supporting your claim. Page 2 of 3 READ CAREFULLY For all accident claims, place on the following diagram the name of streets, including North, East, South, and West; indicate place of accident by "X" and by showing house numbers or distances to street corners. If City of Ukiah vehicle was involved, designate by letter "A" location of City of Ukiah vehicle when you first saw it, and by "B" location of yourself or your vehicle when you first saw City of Ukiah vehicle; location of City of Ukiah vehicle at time of accident by "A-l" and location of yourself or your vehicle at the time of the accident by "B-1" and the point of impact by "X." NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. CURB SIDEWALK PARKWAY SIDEWALK CURB --~ It, L' Warning: Presentation of a false claim is a felony (Penal Code §72). Pursuant to California Civil Prodecures §1038, the City/Agency may seek to recover all costs of defense in the event an action is filed which is later determined not to have been brought in good faith and with reasonable cause. Page 3 of 3 City of Ukiah Office if the City Clerk 300 Seminary Ave. Ukiah CA., 95482 Dear Sirs, On June 14, 2003 at approximately 0912 A.M., I was traveling eastbound on Brash St., approaching the intersection of Orr St., in the City ifUkiah. I was traveling at approximately 25 miles per hours and slowed as I approached the intersection in preparation to turn right to southbound Orr St. As I began my right turn, a small red lift back car was northbound on Orr St., rapidly approaching the yield sign for his direction of traffic at the intersection. Due to his speed, the red car was forced to brake harder than usual, coming to a stop approximately halfway into the intersection and was positioned approximately three feet into the southbound lane, which I was in the process of entering fi:om Brash St. It appeared that the driver of the red car was in a hurry and did not anticipate having to yield to my approach as I traveled on Brush St. Due to the red cars positioning, I was forced to cut closer to the curb than I would normally have done, as I drive a long bed pick-up truck and swing wide. As it was, I had adequate room to drive on the main traveled portion of the roadway to complete the turn, but I had to pay close attention to the red car to avoid it as there was no extra room. I felt a bump and heard a metal scraping sound as I rounded the curve. I returned to the scene and found that a paddle marker belonging to the City of Ukiah had been bent out into the main traveled portion of the roadway. In the following picture it can be seen that the bottom of the paddle marker is twisted. The paddle marker pictured and described is the first paddle marker north of the 25 mile per hour sign, located at the apex of the southwest comer of the intersection. The damage to my vehicle begins on the right side approximately 10 feet from the front and continues to the beginning of the right rear wheel well. It is uniformly 24 inches from the ground. There is no other damage before this location or higher or lower than this height. This damage supports the fact that the paddle marker was in the roadway at an angle to where the end was approximately 24 inches fi.om the roadway surface. That I engaged the paddle marked while turning is supported by the fact that the damage starts 10 feet back fi.om the front, instead of at the front. I called Ukiah P.D. and advised them of the hazard. Ukiah P.D. responded to the scene and later met with me documenting the incident, (Sgt. Justin Wyatt, Incident Log number 030600925). I respectfully submit to the City of Ukiah that I suffered damage to my vehicle as the result of a City owned and maintained paddle marker that was a hazard in the main traveled portion of the roadway. I respectfully request the City of Ukiah to be responsible to the costs ofthe repairs to my vehicle for the damage caused by this paddle marker only. I make no other claim against the City for this incident. I have enclosed two estimates for the costs of the damage repair from reputable businesses in the City ofUkiah. I will be happy to assist the City in any way reasonable to resolve this matter, including making my vehicle available for examination. I request the City assist me by promptly helping me to resolve this matter. I have attached additional pictures in an effort to assist with the resolution of this matter. Sincerely and Respectfully Yours, Kevin Cotroneo --- Lq.-- Date: Estimate ID: Estimate Version: Preliminary Profile ID: 6/24/03 11:20 AM 12156 0 Mitchell FARMER BROTHERS AUTO BODY 949 N STATE STREET UKIAH, CA 95482 (707) 462-8390 Fax:. (707) 462-3866 Tax ID: 68-0096866 BAR#: AD124668 EPA#: CAL000061706 Damage Assessed By: Ryan Smith Deductible: UNKNOWN Insured: Kevin Controneo Telephone: Home Phone: (707) 463-2845 Description: Body Style: VIN: OEM/ALT: Options: Mitchell Service: 914527 1998 Dodge Pickup R2500 2D PkupQua 6' Bed 139" WB Dr'Ne Train: 5.9L Turbo Inj 6 Cyl Dsl 4WD 1B7KF2369WJ187521 O Search Code: None 4WD OR AWD, ALUM/ALLOY WHEELS, AIR CONDITIONING, POWER WINDOWS, POWER DOOR LOCKS CRUISE CONTROL, AUTOMATIC TRANSMISSION, AM-FM STEREO/CDPLAYER(SINGLE) Line Item 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Entry Labor Number Type Operation 900500 BDY * REPAIR REF REFINISH/REPAIR 900500 BDY * REPAIR REF REFINISH/REPAIR 900500 BDY * REPAIR REF REFINISH/REPAIR 900500 BDY * REPAIR 900500 BDY * REPAIR REF REFINISH/REPAIR 936008 ADD'L COST 933002 REF ADD'L OPR 933003 REF ADD'L OPR 933005 BDY ADD'L OPR 933018 BDY* ADD'LOPR Line Item Part Type/ Description Part Number R REAR LOWER DOOR SHELL R REAR LOWER DOOR SHELL R REAR LOWER CAB PANEL R REAR LOWER CAB PANEL R LOWER BEDSIDE R LOWER BEDSIDE REMOVE/REPAIR/REINSTALL R REAR FLARE R LOWER ROCKER PANEL R LOWER ROCKER PANEL PAINT/MATERIALS CLEAR COAT TINT COLOR RESTORE CORROSION PROTECTION MASK FOR OVERSPRAY Existing Existing Existing Existing Existing Dollar Labor Amount Units 3.0* 1.2' 1.5' 1.0' 2.0' 1.5' 0.4* 1.0' 1.0' 148.00 * 1.0' 4.00* 0.2* 5.00 * 0.3* * - Judgement Item ESTIMATE RECALL NUMBER: 6/24/03 11:20:30 12156 UltraMate is a Trademark of Mitchell International Mitchell Data Version: MAY 03 A Copyright (C) 1'994 - 2002 Mitchell International UltraMate Version: 4.8.012 All Rights Reserved Page I of 2 Date: Estimate ID: Estimate Version: Preliminary Profile ID: 6/24/03 11:20 AM 12156 '0 Mitchell II1. Labor Subtotals Body Refinish Labor Summary Units Rate Add'l Labor Amount 8.4 59.OO 5.7 59.00 Non-Taxable Labor 14.1 9.00 0.00 Additional Costs Taxable Costs Sales Tax Total Additional Costs Sublet Amount Totals 0.00 504.60 0.00 336.30 840.90 840.90 7.250% Amount 148.00 10.73 158.73 IV. Part Replacement Summary Total Replacement Parts Amount Adjustments Customer Responsibility Amount 0.00 Amount 0.00 I. Total Labor: II. Total Replacement Parts: III. Total Additional Costs: Gross Total: 840.90 0.00 158.73 999.63 IV. Total Adjustments: Net Total: 0.00 999.63 This is a preliminary estimate. Additional changes to the estimate may be required for the actual repair. WARNING: Accidental air bag deployment is possible. Personal injury may result. Avoid area near steedng wheel and instrument panel even if air bags have deployed. Dual-stage air bag modules may be present that could contain an undeployed stage. When disposing of a deployed dual-stage air bag, always treat it as a "live" module. See appropriate MITCHELL® AIR BAG SERVICE & REPAIR MANUAL, or OEM information. ESTIMATE RECALL NUMBER: 6124/03 11:20:30 12156 UltraMate is a Trademar~ of Mitchell International Mitchell Data Version: MAY_03_A Copyright (C) 1994 - 2002 Mitchell International UltraMate Version: 4.8.012 All Rights Reserved Page 2 of Date: Estimate ID: Estimate Version: Preliminary Profile ID: 6124103 11:39 AM 6321 0 CSAA-DRN DORSEY'S AUTO BODY 1211 N. State St. Ukiah, CA 95482 (707) 462-2231 Fax: (707) 462-2261 Tax ID: 94-1592047 Damage Assessed By: MIKE MITCHELL Condition Code: Excellent Deductible: UNKNOWN Insured: KEVIN COTRONEU Address: P.O.BOX 1266 UKIAH, CA 95482 Telephone: Home Phone: (707) 463-2845 Mitchell Service: 914527 Description: 1998 Dodge Pickup R2500 Vehicle Production Date: 2/98 Body Style: 2D PkupQua 8' Bed 155" WB Drive Train: 5.9L Turbo Inj 6 Cyl Dsl 4WD VIN: 1BTKF2369WJ187521 License: WAR PONY CA Mileage: 69,824 OEMIALT: A Search Code: B95482 Color: SILVER/WHITE ** SPECIAL PARTSNOTE; ALL C~ASH PARTS ON THIS ESTIMATE ARE "NEW" PARTS (OEM) UNLESS OTHERWISE SPECIFIED. PARTS DESCRIBED AS RECHROMED, RECORED, OR REM~NUFACTURED ARE EITHER "RECONDITIONED" PARTS OR "REBUILT" PARTS. CRASH PARTS DESCRIBED AS "QUAL REPL PART" ARE NON-OEM AFTERMARKET PARTS** Line Entry Labor Line Item Part Type/ Item Number Type Operation Description Part Number 1 402013 BDY REPAIR 2 AUTO REF REFINISH 3 402220 BDY REPAIR 4 AUTO REF REFINISH 5 438169 BDY REPAIR 6 AUTO REF REFINISH 7 900500 BDY * REPAIR 8 936012 ADD'L COST 9 AUTO REF ADD'L OPR 10 933005 BDY ADD'L OPR 11 933018 REF ADD'L OPR 12 AUTO ADD'L COST R CAB SIDE PANEL R CAB SIDE PANEL R REAR DOOR SHELL R REAR DOOR OUTSIDE R PICKUP BED SIDE PANEL ASSY R BED SIDE PANEL OUTSIDE AFTERMARKET FLAIR HAZARDOUS WASTE DISPOSAL CLEAR COAT RESTORE CORROSION PROTECTION MASK FOR OVERSPRAY PAINT/MATERIALS Existing Existing Existing Existing Dollar Labor Amount Units 2.0* # C 3.0 3.0* C 2.6 3.0* # C 3.4 1.0' -. 3.00 * 2.4 5.00 * 0.3* 5.00 * 0.1' 285.00 * * - Judgement Item # - Labor Note Applies C - Included in Clear Coat Calc ESTIMATE RECALL NUMBER: 6/24103 11:38:36 6321 UltraMate is a Trademark of Mitchell International Mitchell Data Version: JUN 03 A Copyright (C) 1994 - 2002 Mitchell International UltraMate Version: 4.8.012 All Rights Reserved Page 1 of 2 Date: Estimate ID: Estimate Version: Preliminary Profile ID: 6124/03 11:39 AM 6321 0 CSAA-DRN III. Labor Subtotals Body Refinish Labor Summary Units Rate Add'l Labor Amount 9.3 55.00 11.5 55.00 Non-Taxable Labor 20.8 5.00 5.00 Additional Costs Taxable Costs Sales Tax Non-Taxable Costs Total Additional Costs Sublet Amount Totals 7.250% 0.00 0.00 516.50 637.5O ,154.00 ,1 54.00 Amount 285.00 20.66 3.00 308.66 IV. Part Replacement Summary Total Replacement Parts Amount Adjustments Customer Responsibility Amount 0.00 Amount 0.00 I. Total Labor:. II. Total Replacement Parts: III. Total Additional Costs: Gross Total: IV. Total Adjustments: Net Total: 1,154.00 0.00 308.66 1,462.66 ~. 0.00 1,462.66 This is a preliminary estimate. Additional changes to the estimate may be required for the actual repair. WARNING: Accidental air~agdeploymen~ is I~te. Person;~l injury may result. Avoid area near steering wheel and ink--el even if mY bags have deployed. D0al,stage air bag modules may be present that could contain an'un..depleye~ stage. When disposing of a deployed dual-stage air bag, always treat it as a "live" module. See appropriate MITCHELL® A;I~E~AG SERVICE & REPAIR MANUAL, or OEM information. ESTIMATE RECALL NUMBER: 6124103 11:38:36 6321 UltraMate is a Trademark of Mitchell International Mitchell Data Version: JUN_03_A Copyright (C) 1994 - 2002 Mitchell International UltraMate Version: 4.8.012 All Rights Reserved Page 2 of ITEM NO. 6c DATE: JULY 16, 2003 AGENDA SUMMARY REPORT SUBJECT: REPORT REGARDING GRACE HUDSON MUSEUM PURCHASES OF COMPUTER HARDWARE FROM GOV CONNECTION INC. IN THE AMOUNT OF $7,051.69 AND COMPUTER SOFTWARE FROM MAC MALL GOVERNMENT SALES IN THE AMOUNT OF $6,180.43 Pursuant to the requirements of Section 1522 of the Ukiah Municipal Code, Staff is filing with the City Council this report regarding the purchase of computer hardware and software for the Grace Hudson Museum. Price quotations were sought for a list of computer hardware items (four Power Mac G4 CPUs, monitors, external hard drive, and Ethernet hub) from six different vendors, with Gov Connection Inc. being the lowest bid in the amount of $7,051.69. This hardware was paid for with funds from two grants, the Dept. of Interior (141.6151.690.001) and the Institute of Museum and Library Services (143.6167.690.000). Computer software for Museum Staff was also purchased (a suite of programs for publishing, collections database, and virus protection) to use with the new computers. Price quotations were sought for these items from four different vendors, with Mac Mall Government Sales being the lowest bid in the amount of $6,180.43. The software was also paid for with funds from the same two grants. As well as upgrading old equipment and programs, these purchases will allow Museum Staff, for the first time, to all be using the same platforms and the same software. This should facilitate staff collaboration on the production of various exhibition, education and collections documentation projects. RECOMMENDED ACTION: Receive report regarding purchase of computer hardware from Gov Connection Inc. in the amount of $7,051.69 and computer software from Mac Mall Government Sales in the amount of $6,180.43. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A. Citizen Advised: N/A Requested by: Prepared by: Coordinated with: Attachments: N/A Sherrie Smith-Ferri, Museum Director Candace Horsley, City Manager, Nora Kennedy, Purchasing Supervisor, and Michael Harris, Risk Manager/Budget Officer None. APPROVED:~,_~~ ..,~,-~ Candace H0r~ley, City~anager mfh:asrcc03 0716Museum ITEM NO. 6d DATE: July 16, 2003 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF ORDINANCE AMENDING ARTICLES 3,4,5,6,7 AND 8 OF CHAPTER 2 OF DIVISION 9 (ZONING) OF THE UKIAH MUNICIPAL CODE PERTAINING TO RESIDENTIAL SECOND DWELLING UNITS SUMMARY: At the special meeting on July 9th, the City Council amended the Ordinance it introduced on June 28th, revising the regulations for second dwelling units. The amendments included retaining the owner occupancy requirement, limiting the height of second units to 18-feet, establishing the maximum size of a unit to be 10% of the lot size to a maximum of 750 square feet, strengthening the architectural compatibility language, establishing new yard setback requirements, and instituting a number of other minor changes. A discussion of these changes is provided on page two of this Agenda Summary Report. The amendments have been incorporated into the Ordinance and it is ready for adoption. (continued on page 2) RECOMMENDATION: Adopt the Ordinance amending Articles 3,4,5,6,7 and 8 of Chapter 2 of Division 9 (Zoning) of the Ukiah Municipal Code pertaining to residential second dwelling units. ALTERNATIVE COUNCIL ACTIONS: Do not adopt the Ordinance and provide direction to Staff. Citizen Advised: N/A Requested by: City Council Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager and David Rapport, City Attorney Attachments: 1. Ordinance for Adoption Candace Horsley, City Man~er Modifications to the Introduced Ordinance: The Council made the following modifications to the introduced Ordinance: Owner Occupancy: The Council reinstated the requirement that the owner of the property must occupy one of the units. Rationale: The Council retained this requirement because: A resident owner, as compared to an absentee owner, is more likely to insure compliance with permit requirements, such as those relating to parking and landscaping, because as a property resident he or she: a. c. is more likely to observe violations when they occur; will be more accessible to neighbors who have complaints about the use of the property; and will be better able to take prompt action to correct violations and to monitor and follow-up on such corrections. As a neighborhood resident, the property owner may be more responsive than an absentee owner to the concerns of neighbors about the impact of the property's use on neighbors. , All of the above should reduce any adverse impacts from second units on residential neighborhoods and promote the twin goals of increasing housing opportunities in the City and providing attractive, safe, and quiet residential neighborhoods. Heicjht: The Council limited the height of second units to 18-feet, with the possibility of taller units with the securing of a Use Permit. Rationale: The Council limited the height of second units to 18-feet because; . it represents the typical height of a single-story single-family residence; and therefore would' a. be more likely to be compatible with typical single family homes; and would not invade the privacy of neighboring property owners. Size: The Council established the allowable size of the unit to be 10% of the lot size to a maximum of 750 square feet. Rationale: The Council established this size standard because: 1. it will allow reasonable sized units that will not be out of character with other accessory structures; and 2. it will help to insure that the units remain affordable. Yard Setbacks: The Council established the following new side and rear yard setbacks that apply to all second dwelling units in the R-1 (Single-Family Residential) Zoning District: 1. Front Yard: The same as the existing single-family residence, but no closer than five feet (5'). 2. Side Yard for single-story unit: Five feet (5'). 3. Side yard for two-story unit: Ten feet (10'). 4. Rear Yard for single-story unit: Five feet (5'). 5. Rear yard for two-story unit: Ten feet (10'). · If the subject parcel abuts a differently zoned parcel, then the side and rear yard setbacks shall be the same as for the adjoining parcel. · Existing structures proposed for conversion to a second dwelling unit must comply with the above yard setback requirements. · Relief from the yard setback requirements may be granted through the Use Permit process. Rationale: The Council established the new side and rear yard setbacks to ensure neighborhood compatibility, preservation of landscaping, and the preservation of privacy of adjoining property owners. Architectural Compatibility: The Council adopted the following language: "Second units may be attached to existing single-family residences or detached as separate structures. The second dwelling unit shall incorporate the same or substantially similar architectural features, height, building materials and colors as the main dwelling unit or compatible dwellings located on adjacent properties. Architecture not similar to the architecture of the principal dwelling or buildings on adjacent properties is subject to the Use Permit process." Rationale: The Council adopted this language because they wanted to further the General Plan goals of preserving stable residential neighborhoods, and so the second units would not contrast with the established urban form of residential neighborhoods. Privacy Protection: The Council adopted the following language: "Any balcony, window or door of a second dwelling unit shall utilize techniques to lessen the privacy impacts onto adjacent properties. These techniques may include use of obscured glazing, window placement above eye level, or locating balconies, windows and doors toward the existing on-site primary residence. In addition, trees shall be planted and maintained in a viable condition by the property owner, where appropriate, to preserve the privacy of neighboring property owners." Rationale: The Council adopted this language to ensure the privacy of adjoining property owners. Other Minor Word Changes: The Council also made several minor word changes, and replaced the Variance procedure with the Use Permit procedure for seeking relief from the provisions of the Ordinance. CONCLUSION: The Council conducted two public hearings, discussed a variety of important issues, and introduced an Ordinance amending the regulations for residential second dwelling units. Staff has incorporated all the changes the Council made to the Planning Commission version of the document, and the Ordinance is ready for formal adoption. RECOMMENDATION: Adopt the Ordinance amending Articles 3,4,5,6,7 and 8 of Chapter 2 of Division 9 (Zoning) of the Ukiah Municipal Code pertaining to residential second dwelling units. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING ARTICLE 3, 4, 5, 6, 7, AND 8 OF CHAPTER 2 (ZONING) OF DIVISION 9 OF THE UKIAH MUNICIPAL CODE The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE Pursuant to Section 9265 of the Ukiah Municipal Code, Division 9, Chapter 2 (Zoning) is amended by revising the allowed and permitted land use sections in the R-1 (Single Family Residential), R-2 (Medium Density Residential), R-3 (High density Residential), C-N (Neighborhood Commercial), C-1 (Community Commercial), and C-2 (Heavy Commercial) Zoning Districts as indicated on the attached Exhibit "A." SECTION TVVO The amendments to Article 21 of Chapter 2 of the Ukiah Municipal Code include making second dwelling units "allowed" rather than "permitted" land uses, which means that no discretionary review or public hearings are required for projects designed to be consistent with the adopted standards. The amendments also revise the standards, and establish a Use Permit process for projects seeking relief from the standards. SECTION THREE This amendment to Article 21 of Chapter 2 of the Ukiah Municipal Code is necessary to achieve consistency with Assembly Bill 1866 signed into law on September 29, 2002. SECTION FOUR The revisions to the second dwelling unit regulations are exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Section 15282(i) of the CEQA Guidelines. SECTION FIVE This Ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. ORDINANCE NO. Page 1 of 4 SECTION SIX This Ordinance shall become effective thirty (30) days after adoption. Introduced by title only on June 18,2003 by the following roll call vote: AYES' Councilmember Rodin, Anderson, Smith, Baldwin, and Mayor Larson NOES: None ABSENT: None ABSTAIN: None Introduced Ordinance amended on July 9, 2003 by the following role call vote: AYES: Councilmember Rodin, Anderson, Smith, Baldwin, and Mayor Larson NOES: None ABSENT: None ABSTAIN' None Passed and adopted on , by the following roll call vote' AYES: NOES: ABSENT: ABSTAIN: Eric Larson, Mayor ATTEST: Marie Ulvila, City Clerk ORDINANCE NO. Page2 of 4 EXHIBIT A Ordinance No. Add the following to "Allowed Uses" in the R1 (Section 9017) R2 (Section 9031) R3 (Section 9046) CN (Section 9061) C1 (Section 9081) and C2 (Section 9096) Zoning Districts. Also delete second dwelling units in "Permitted Uses" in the R-1 Zoning District (9017) and CN Zoning District (9062): Second dwelling units on parcels developed with a single-family residence subject to the following standards/criteria: A. The requirements of this subsection are applicable to all existing second dwelling units as well as those proposed after the effective date hereof, except for legal nonconforming units, or as is otherwise specifically provided herein. Existing second dwelling units as of the date hereof inconsistent with the provisions listed herein, shall be considered legal nonconforming, provided that they were legal at the time of their creation. B. These regulations do not allow the division of property upon which a second unit is located unless all requirements of the applicable Zoning District, and any other requirements of the Ukiah Municipal Code are met. C. The second unit may be used for rental purposes. D. Second units may be attached to existing single-family residences or detached as separate structures. The second dwelling unit shall incorporate the same or substantially similar architectural features, height, building materials and colors as the main dwelling unit or compatible dwellings located on adjacent properties. Architecture not similar to the architecture of the principal dwelling or buildings on adjacent properties shall be subject to the Use Permit process. E. The minimum lot size upon which a second unit may be placed is five thousand (5,000) square feet for an interior lot, and seven thousand (7,000) square feet for a corner lot. F. The maximum size of a second unit shall be ten percent (10%) of the lot size with a maximum size of 750 square feet. Larger units may be approved through the Use Permit process. O. Parking requirements for the second unit shall be one off-street space (independently accessible or tandem) for each bedroom in addition to the two (2) independently accessible parking spaces required for the existing single-family residence. If the primary residence was legally constructed at a time when on-site parking was not required, then only the parking space(s) for the second dwelling unit shall be required. H. The second unit must meet all applicable building and fire codes, and shall have electric, water and sewer service provided through the City with the type of meter arrangement at the property owner's option. Water, sewer, and electrical services shall be available prior to the issuance of a building permit for a second dwelling unit. ORDINANCE NO. Page3 of 4 I. The second unit shall comply with all applicable Ukiah Municipal Code requirements. J. The maximum height for second units shall be eighteen feet (18'). Taller units may be approved through the Use Permit process. K. The following yard setback requirements shall apply to all second dwelling units in the R-1 (Single-Family Residential) Zoning District: 1. Front Yard: The same as the existing single-family residence, but no closer than five feet (5'). 2. Side Yard for single-story unit: Five feet (5'). 3. Side yard for two-story unit: Ten feet (10'). 4. Rear Yard for single-story unit: Five feet (5'). 5. Rear yard for two-story unit: Ten feet (10') · If the subject parcel abuts a differently zoned parcel, then the side and rear yard setbacks shall be the same as for the adjoining parcel. · Existing structures proposed for conversion to a second dwelling unit must comply with the above yard setback requirements. · Relief from the yard setback requirements may be granted through the discretionary review process. Lo The proposed second unit shall have a separate front door, which, in the event of an attached unit, shall not be located along the front of the existing single-family residence unless it is not obviously visible from the street in front of the residence. M. One of the units on the parcel shall be occupied by the property owner. N. Any balcony, window or door of a second dwelling unit shall utilize techniques to lessen the privacy impacts onto adjacent properties. These techniques may include use of obscured glazing, window placement above eye level, or locating balconies, windows and doors toward the existing on-site primary residence. In addition, trees shall be planted and maintained in a viable condition by the property owner, where appropriate, to preserve the privacy of neighboring property owners. O, P. Driveways accessing second units shall be setback a minimum of five feet (5') from any structure on an adjoining parcel that has a bedroom adjacent to the proposed driveway. The minimum width of a driveway serving a second dwelling unit shall be 18-feet, unless the City Fire Marshall determines that adequate fire protection can be provided to the second unit even though the driveway has a width less than 18-feet. L. Unless otherwise indicated, relief from the above criteria and standards may be pursued through the Use Permit process pursuant to Article 20. ORDINANCE NO. Page4 of 4 AGENDA SUMMARY ITEM NO. 6e. DATE: July 16, 2003 REPORT SUBJECT: ADOPTION OF RESOLUTION REMOVING ON-STREET PARKING AND ESTABLISHING A BUS LOADING ZONE ON WASHINGTON AVENUE ADJACENT TO UKIAH FORD SUMMARY: The Mendocino Transit Authority (MTA) requested establishment of a bus loading zone, for a length of 39-feet, along the north side of Washington Avenue adjacent to Ukiah Ford. Please refer to Attachment 2 for a location map. The net result of the proposed action will be the loss of approximately two on-street parking spaces. The Traffic Engineering Committee reviewed this request at its regular meeting of June 17, 2003 and recommends approval to the City Council. The proposed bus stop will provide service to various facilities in the area. Staff spoke to Mr. Huxley Richardson, Ukiah Ford, regarding the proposed bus stop. Mr. Richardson does not object to the proposed bus stop location provided that the buses do not block the driveways to his business. MTA also requested to vacate the bus loading zone, for a length of 45-feet, along the east side of South State Street just south of Hastings Avenue. Please refer to Attachment 2 for a location map. Due to the traffic lane configuration, the existing red curb at this location will remain. The Traffic Engineering Committee concurred with this request at its regular meeting of June 17, 2003. RECOMMENDED ACTION: Adopt resolution removing on-street parking and establishing a bus loading zone on Washington Avenue adjacent to Ukiah Ford. ALTERNATIVE COUNCIL POLICY OPTIONS: Do not adopt resolution and provide direction to staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Huxley Richardson, Ukiah Ford and Doug Pilant, MTA Diana Steele, Director of Public Works / City Engineer Rick Seanor, Deputy Director of Public Works~~- Candace Horsley, City Manager 1. Resolution for Adoption 2. Location Map Candace Horsley, City ~,~nager RJS: AG npMTAbusZone-WashingtonAve. SUM RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH REMOVING ON-STREET PARKING AND ESTABLISHING A BUS LOADING ZONE ON WASHINGTON AVENUE ADJACENT TO UKIAH FORD WHEREAS, the City Council may by resolution designate portions of streets upon which the standing, parking, or stopping of vehicles is prohibited or restricted pursuant to Article 11, Chapter 1, Division 8 of the Ukiah City Code; and WHEREAS, the provisions of Sections 21458 and 22500 of the California Vehicle Code permit the stopping of buses in a red zone marked or posted as a bus loading zone; and WHEREAS, the Traffic Engineering Committee (Traffic Engineer) considered the request on June 17, 2003 from the Mendocino Transit Authority to establish the bus loading zone within the City of Ukiah; and WHEREAS, the Traffic Engineer recommends this request regarding the bus loading zone. NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of Ukiah does establish the bus loading zone on Washington Avenue at a location as determined by the City Engineer. PASSED AND ADOPTED this 16th day of July, 2003 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Marie Ulvila, City Clerk Eric Larson, Mayor Resolution No. 2004- Page 1 of 1 i ii : i · · '' . AGENDA SUMMARY ITEM NO. 6f. DATE: July 16, 2003 REPORT SUBJECT: WAIVE THE BID PROPOSAL IRREGULARITY AND AWARD CONTRACT TO R. W. MURRAY, INC. (DBA A TO Z CONSTRUCTION) FOR 2002 STIP CONSTRUCTION OF SIDEWALK ALONG NORTH STATE STREET, SPECIFICATION NO. 02-22 IN THE AMOUNT OF $77,095.50 SUMMARY: The City distributed specifications to ten builder's exchanges and six contractors for the 2002 STIP Construction of Sidewalk along North State Street. The City publicly advertised this project on June 15, 2003 and June 22, 2003 in the Ukiah Daily Journal. Three sealed proposals were received and opened by the City Clerk on July 8, 2003. The lowest responsive, responsible bidder is R. W. Murray, Inc. DBA A to Z Construction of Calpella, California, with a total bid of $77,095.50. The Engineer's Estimate for the project is $78,087.50. Caltrans has funded this project in the amount of $78,000 which should allow for any potential change orders. Upon review of the bid proposal from R. W. Murray, Staff noted that the non-collusion affidavit was not notarized as required in the bid specifications. City Attorney David Rapport stated that the non- collusion affidavit is not required to be notarized. This requirement for notarization of the non-collusion affidavit will be removed from future bid documents. As such, staff recommends that the City Council waive the irregularity and award the project to R. W. Murray, Inc. DBA A to Z Construction. If the bid is awarded, compensation for the performance of the work will be based on unit prices bid for contract item quantities actually installed. Bid totals are based on unit prices bid for contract items at estimated quantities, and therefore, the actual total paid to the contractor may be lower or higher than the bid total indicated. As is the nature of construction projects, there may be cost overruns by reason of unforeseen work or because actual quantities installed exceed estimated quantities. Policy Resolution No. 13, authorizes the responsible Department Head with approval of the City Manager to issue change orders not to exceed 10 percent of the original contract sum or $5,000 whichever is greater provided that no change, when added to the original contract sum, exceeds the amount budgeted for the project. RECOMMENDED ACTION: Waive the bid proposal irregularity and award the contract for 2002 STIP Construction of Sidewalk along North State Street, Specification No. 02-22, to R. W. Murray, Inc. DBA A to Z Construction in the amount of $77,095.50. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject all bids and direct staff to readvertise for bids. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Diana Steele, Director of Public Works/City Enginee~ Rick Seanor, Deputy Director of Public Works~l/~ Candace Horsley, City Manager Diana Steele, Director of Public Works/City Engineer 1. Bid Tabulation 2. Bid Proposal from A to Z Construction 3. Fiscal Year 2003/2004 Budget Sheet APPROVE~~,~.~.,~ Candac~' Horsley, C'~ Manager AG-N-State-St-Sidewalk-02-22.SU M i July 2, 2003 ADDENDUM NO. 1 Subject: Gentlemen: 2002 S'RP Construction of Sidewalk along North State Street, City of Ukiah Specification No. 02-22 Attached herewith is ADDENDUM NO. 1 for the subject project. The bid opening date for this project will not be changed and shall remain July 8, 2003 at 2:00 PM. IF YOU SUBMIT A BID, ACKNOWLEDGMENT OF THIS ADDENDUM MUST BE SHOWN ON THIS ADDENDUM. IN ADDITION THIS ENTIRE ADDENDUM MUST BE SUBMITTED WITH THE PROPOSAL. This Addendum is being sent to you by fax in order that this office may be assured all plan holders have received same. It should be noted it is the responsibility of the General Contractor to notify all subcontractors from whom he accepts bids of any and all changes in the drawings and specifications for this project. Modifications to Specifications: Specification page 1, Instructions to Bidders, Insert the following text: "Since the Redwood Empire Fair is scheduled for August 7-10, the first working day for this project will not be prior to August 11, 2003." Sincerely, Diana Steele Director of Public Works/City Engineer ACKNOWLEDGEMENT I hereby acknowledge that I have received this Addendum No. 1 and have reviewed and conside~d i~fore submi~l my bi.~. Signe(~~~~~ Date: "~./~~ ~ ~~ 300 sEMINARY AVENU'E uKIAH, cA 95482-5400' Phone# 707/463-6200 Fax¢ 707/463-6204 Web Address: www. cityofukiah.com · ITEM QUANTITY DESCRIPTION AND UNIT PRICE BID EXTENDED NO. in writin§ and in fi~ures AMOUNT FOR ITEM Concrete sidewalk for a price per square foot of 1 8442 SF Concrete wheelchair ramp for a p_ricg per square foot of .... .,. ($ 7..C0 Remove concrete sidewalk for a price per square foot of 3 63SF $ ~. ~ o Remove curb and gutter for a price~e~ linear foot of 4 73 LF $.. ~ ~~ Construct concrete curb and gutter for a price per linear foot Sawcut AC pavement for a price,er linear foot of  ut concrete for a pric~ per linear foot of Specification No. 02-22 24 8 27 CY Remove 6-inch AC structural section for a price per cubic yard of ~/~tg~ .($ / 5~.o v ) ~onstruct o-lncn AL structural section lor a price per ton,'ol 9 i ~o~s .(s /~. ~ o Repaint yellow crosswalk matings for a price per lump . 11 4EA ' (s ~. ~ ~ TOTAL BID ~MOUNT .(s 77,~~ ~o In case of discrepancy between words and figures, the words shall prevail. 25 Specification No. 02-22 ~ZP.B We, the undersigned, further agree, if this proposal shall be accepted, to sign the agreement and to furnish the required bonds with satisfactory surety, or sureties, within fifteen (15) calendar days after written notice that the contract is ready for signature; and, if the undersigned shall fail to contract, as aforesaid, it shall be understood that he or she has abandoned the contract and that, therefore, this proposal shall be null and void and the proposal guaranty accompanying this proposal, or the amount of said guaranty, shall be forfeited to and become the property of the City. Otherwise, the proposal guaranty accompanying this proposal shall be returned to the undersigned. Witness our hands this day of ? '~/7~ ? ,200~. Licensed in accordance with an act providing for the registration of contractors, License No. '~2q/7' 57, expiration date ~//3//Za aS/. THE CONTRACTOR'S LICENSE NUMBER AND EXPIRATION DATE STATED HEREIN ARE MADE UNDER PENALTY OF PERJURY. Signature of bidder or bidders, with business addresses: PRINT NAME BUSINESS ADDRESS CITY, STATE, ZIP TELEPHONE ~MBER FAX NUMBER SIGN HERE Notice: In the case of a corporation, give below the addresses of the principal office thereof and names and addresses of the President, Secretary, Treasurer. 11 '1 Specification No. 02-22 26 F~AIR EMPLOYMENT PRACTICES CERTIFICATION _ The undersigned, in submitting a bid for performing the following work by Contract, hereby certifies that he or she has or will meet the standards of affirmative compliance with the Fair Employment Practices requirements of the Special Provisions contained herein. 2002 STIP CONSTRUCTION OF SIDEWALK ALONG NORTH STATE STREET Specification No. 02-22 (Signature of Bidder) Business Mailing Address: Business Location: (The bidder shall execute the certification of this page prior to submitting his or her proposal.) 27 Specification No. 02-22 WORKER'S COMPENSATION CERTIFICATE I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Worker's Compensation or undertake self-insurance in accordance with the provisions of that code and I will comply with such provisions before commencing the performance of the work of this contract. Witness my hand this ~ day of '~U,~ ~ ,200~ Signature of Bolder, ~.fi Business Address: Specification No. 02-22 28 Ii CERTIFICATION OF NONDISCRIMINATION IN EMPLOYMENT The bidder represents that he or she has/has not, participated in a previous contract or subcontract subject to either the equal opportunity clause herein or the clause contained in Section 301 o£Executive Order 10925; that he or she has/has not, filed all required compliance reports; and that representations indicating submission of requffed compliance prior to subcontract awards. Signature and addressaYf/~3idder: (This certification shall be executed by the bidder in accordance with Section 60-1.6 of the Regulations of the President's Committee on Equal Employment Opportunity for implementing Executive Orders 10925 and 11114.) Specification No. 02-22 LIST OF PROPOSED SUBCONTRACTOR£ In compliance with the provisions of Sections 4100-4108 of the State Government Code and any amendments thereof, each bidder shall set forth (a) the name and location of the place of business of each subcontractor who will perform work or labor or render service to the Contractor in or about the construction site in an amount in excess of one-half of 1 percent of the total bid and Co) the portion of the work to be done by each su~or. Specification No. 02-22 STATEMENT OF EXPERIENCE OF BIDDER The bidder is required to state below what work of similar magnitude or character he or she has done and to give references that will enable the City Council to judge of his or her experience, skill and business standing and his or her ability to conduct work as completely and rapidly as required under the terms of the contract. 31 Specification No. 02-22 Accompanying this proposal is ~1 D 5~:>~,o, ~ (insert the words "cash ($)", "cash- ier's check" or "bidder's bond", as the case may be) in an amount equal to at least 10 percent of the bid. The names of all persons interested in the foregoing proposal as principals are as follows: IMPORTANT NOTICE: If bidder or other interested person is a corporation, provide the legal name of corporation and also the names of the president, secretary, treasurer and manager thereof. If a co-partnership, provide the true name of fu-m and also the names of all individual co-partners composing the firm. If bidder or other interested person is an individual, provide the fa'st and last names in full. Licensed in accordance with an act providing for the registration of Contractors: License No. 72 '~'/7 7 ' , Licen~iration Date ~,~/~//~ ~ Signature(s) of Bidder: ~ NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a co-partnership, the true name of the fh,'m shall be set forth above together with the signature of the partner or partners authorized to sign contracts in behalf of the co- partnership; and if bidder is an individual, his or her signature shall be placed above. If a member of a parmership, a Power of Attorney must be on file with the Department prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized. Business address: Place of residence: Dated Specification No. 02-22 32 ~ '2. A American Contractors Indemnity Company 9841 Airport Boulevard, Suite 900, Los Angeles, California 90045 (310) 649-0990 ORIGINA_ BID BOND Bond No. 151942-2 Premium: BBSU Bid Date: 7/8/03 KNOW ALL MEN BY THESE PRESENTS, That we, R. W. Murray, Inc. DBA A to Z Construction (hereinafter called Principal), as Principal, and AMERICAN CONTRACTORS INDEMNITY COMPANY, a corporation, organized and existing under the laws of the State of California and authorized to transact a general surety business in the State of California (hereinafter called Surety), as Surety, are held and firmly bound unto the City of Ukiah, Department of Public Works (herein after called Obligee) in the penal sum of Ten percent (10%) not to exceed Ten Thousand and No/100 Dollars ($10,000.00) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for removal and replacement of concrete and asphalt paving. NOW, THEREFORE, if the said contract be awarded to the Principal and the Principal shall, within such time as may be specified, enter into a contract in writing, and give bond, with surety acceptable to the Obligee for the faitlfful performance of the said contract; or if the Principal shall fail to do so, pay the Obligee the damages which the Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED THIS DAY OF July 5, 2003. R. W. Murray, Inc. DBA A to Z Construction AMERICAN CONTRACTORS INDEMNITY COMPANY BY:--O~ I~ Pu:44La_c,ue.~ Pamela D. Puskarich Attorney-in-Fact P, II ~' County of S°noma ~.,, '"',,, On .Ju_ly 5, 2003 before me, _Nancy_ L. Wa!lis, Notary Public i:i... Date Name and Ti~;e of Officer (eg., "Jane Doe Notary Public") ' '(~i" .. ,t. personally appeared Pamela D. ~skarich c',:: ~,"~ Name(s) cfi Signer(s) ' ~,~" p. :X personally known to me ~: ~_--) proved to me on the basis of saiisfactory i'~.' c.~ ........ ':- .... ''....: ......... ', ............. .: ..... ~_- ..... evidence 2 ' .....,:¢,:;!i',;,ii% hJI:,N(:;Y L. VV,'~I_!_IS i:,. ::' [~;;;~'.:,,.~'¥;?'i:?i~i~ii! COMM. 1268609 to be the person~ whose name~' 'h ':~?>':;~..;~;~ SONOMACOUNTY subscribed to the within instrument and .. acknowledged to me th [~executed ,> ,~' I . ,:.) ' ' :':'-?:?::' ":::~':' ~"'"';::";':~;~":?~';~'~::'":~. the sar'ne i~l [~}~h~'" a~JtJiol"izod,'~:~ >-, capacitv~ and lhat by 7, signature~on the instrument the person~: or the entity upon behalf of wi~ich the persor~ acted, executed the instrument. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ;,; State of California WiTfiESS my hand and o~!ci?l seal. ' Place Ne!,;,',/ .Seal Al::o,,.e - ] Sicnature of, ic.'.an¢ Pubi!c - 'i; ' OPTIONAL 77~ough the info/:mation below is not required by la,z.', it n;a'~ .c. rc ~'e v',?iu-~b/e to ;.'..ersot;$ relying on rite ¢ocument and c,', '/d prevent fraudulent removal a~,J ...... ~ ~ .- , ~-;._-,~,:~,,, ,,, ,~.r.t o.' this £:)rm to ~nother document. Description of Attached Documen~ Title or Type of Document: BBSU 151942-2 Docurnen.': Date: Sig;',er(s) Other Than Named Above: Capacity(les) Cfa!meal bv Siqm:r Si,:.~ner's Name: "/~.._'Z.~:.-.__(_ Cccpora(e Officer-- ... Partner ~ .~... LCm~ted .... General .. . . A.t~orney in Gt~ard~an or C,-n,: .... ~-.- .. Other: S qn~.,'.~ ~ Is Representing: P, 12_. h American Contractors Indemnity Company 9841 Airport Blvd., 9th Floor, Los Angeles, California 90045 POWER OF ATTORNEY 04=5781 KNOW ALL MEN BY THESE PRESENTS: That American Contractors lndelnnity Colnpany of the State of California, a California corporation does hereby appoint, Nancy L. Wallis, Pamela D. Puskarich of Santa Rosa Its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an Amount not toexceed $ ***$3,000,000.00 Dollars***. This Power of Attorney shall expire without further action on September 27, 2005. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6th day of Decembm; 1990. "RESOLVED that the C/t/q/' Executive Officet; President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have the I~O we/' and attlho/'ily I. To tqq~oint Alto/'no,(s)-in-Fact and to attthorize them to execute on behalf of the Company, and attach the seal of the Company thereto, hond. v and undertakings, contracts of indemnio, and other writings obligatory in the nature thereof and, 2. To remove, at any time, any such Attorney-in-fact and revoke the authority given. RESOLVED FURTHER. tha! the signatures pi'such officers and the seal of the Company may be q[fixed to any such Power of Attorney or certificate relating therelo hv./itcsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be vaiid and binding tq~on the Coml~ttlI. v and alt), $llch power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in thc futurc with respect to any bond or undertaking to which it is attached." IN WITNESS WltEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its President on the 28th day of February, 2003. STATE OF CALIFORNIA COUNTY OF LOS ANGELES AMERICAN CONTRACTORS INDEMNITY COMPANY By: - , - Robert F. Thomas, Chief Executive Officer On this 28th day of February, 2003 before me, Norma J. Virgilio, a notary public, personally appeared Robert F. Thomas, Chief Executive Officer of American Contractors Indemnity Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office. WITNESS my hand and official seal Norma J. Virgi~io, l'~otary~' !, .lAMES H. FERGUSON, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. ,200 3 IN WITNESS HEREOF, I have hereunto set nay hand this 5th day of July Bond No. Agency No. BBSU 151942-2 #9004 JA~~MES H. FERGUS~Secretary rev. POA04/20/01 [' CITY OF UKIAH Mendocino County, California BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, ., as PRINCIPAL and , as SURETY, are held and fh-'rnly bound unto the City of Ukiah in the penal sum of 10 PERCENT OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City of Ukiah, as the case may be, for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, to the City Clerk to which said bid was submitted, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of $. /dS~,, ,~ a'O. ,v o THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the aboVe mentioned bid to the City of Ukiah, as aforesaid, for certain construction specifically described as follows, for which bids are to be opened at the Office of the City Clerk, Ukiah Civic Center, Ukiah, California, on JULY 8, 2003 for 2002 STIP CONSTRUCTION OF SIDEWALK ALONG NORTH STATE STREET, SPECIFICATION NO. 02-22. NOW, THEREFORE, If the aforesaid Principal is awardedthe contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him or her for signatures, enters into a written contract, in the prescribed form, in accordance with the bid and files two bonds with the City of Ukiah, one to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of , A.D. 20 (Seal) (Seal) Principal (Seal). (Seal) .(Seal) Surety (Seal) Address: 33 Specification No. 02-22 NON-COLLUSION AFFIDAVIT Note: Bidder shall execute the affidavit on this page prior to submitting his or her bid. To City Council, City of Ukiah: The undersigned in submitting a bid for performing 2002 STIP CONSTRUCTION OF SIDEWALK ALONG NORTH STATE STREET, SPECIFICATION NO. 02-22 by contract, being duly sworn, deposes and says: that he or she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract. Business Address: Place of Residence: NOTARIZATION Subscribed and swom to before me this day of ,20 Notary Public in and for the County of My Commission Expires , State of California. ,20 Specification No. 02-22 34 P, 15- Z o o I- Z o l- Z o o ¼ o o o (%1 ! o .-- o o o o o ITEM NO. 6g. DATE: July 16, 2003 AGENDA SUMMARY REPORT SUBJECT: AWARD CONSTRUCTION CONTRACT TO GRANITE CONSTRUCTION COMPANY IN THE AMOUNT OF $125,249.55 FOR THE CONSTRUCTION OF THE GOBBI STREET CLASS 2 BIKE LANE PROJECT FROM ORCHARD AVE. TO BABCOCK LANE, SPECIFICATION 03-06 SUMMARY: Submitted for the City Council's consideration and action is staff's recommendation that a construction contract be awarded to Granite Construction Company in the amount of $125,249.55 for construction of the Gobbi Street Class 2 Bike Lane Project, Specification No. 03-06. Compensation for the performance of the work will be based on unit prices bid for contract items at quantities actually incorporated into the project. BACKGROUND: The City utilized the Qualified Contractors List approved by the City Council on January 15, 2003 and distributed copies of the Notice to Bidders to all 37 contractors with Class "A" General Engineering licenses on the list. In addition, plans and specifications were sent to ten builder's exchanges and three contractors for this project. The City publicly advertised this project on June 15, 2003 and June 22, 2003 in the Ukiah Daily Journal. In (continued on page 2) RECOMMENDED ACTION: 1. Award Construction Contract to Granite Construction Company in the base bid amount of $125,249.55 for the construction of the Gobbi Street Class 2 Bike Lane Project, Specification No. 03-06. Compensation for the performance of the work will be based on unit prices bid for contract item quantities actually installed. 2. Authorize the Mayor to execute the construction contract on behalf of the City. ALTERNATIVE COUNCIL POLICY OPTION: 1. Determine that the proposed work is no longer in the best interest of the citizens of Ukiah and reject all bids. Requested by: Prepared by: Coordinated with: Diana Steele, Director of Public Works/City Engineer~)')'yJ~,~ Rick Kennedy, Project Manager Rick Seanor, Deputy Director of Public Works~ Candace Horsley, City Manager "ir Attachments: 1. Bid Tabulation 2. Bid Proposal from Granite Construction 3. Fiscal Year 2003/2004 Budget Sheets Cand'-~ace ~o~'sley, Cit~ Mar~ger Page 2 July 16, 2003 Award Construction Contract to Granite Construction Company in the Amount of $125,249.55 for the Construction of Gobbi Street Class 2 Bike Lane from Orchard Ave to Babcock Lane, Specification No. 03-06 response to the City's request for bids, two (2) bid proposals were received and opened by the City Clerk at the time set for the public bid opening. The lowest responsible bidder is Granite Construction Company at a base bid of $125,249.55. The bid is based on unit prices bid for contract items at estimated quantities. If the contract is awarded, compensation to the Contractor will be based on unit prices for contract item quantities actually installed and the final payment to the Contractor may differ from the stated total of the bid. This is customary for public work contracts that are based on unit prices bid for contract items to be installed. The engineer's cost estimate for the project is $123,333.56. The results of the bids are summarized on the attached bid tabulation. Grant funds from the State Bicycle Transportation Account in the amount of $102,000, budget account 250.9815.250.001, and Surface Transportation Program funds in the amount of $27,000, budget account 341.9815.250.000, have been programmed and budgeted for this project. These budgeted funds exceed the expected final construction cost for the project. The Project involves widening the south side of Gobbi Street from the US 101 northbound freeway ramp to the existing street improvements in front of Maverick Enterprises with a new pavement section and curb and gutter to accommodate a class 2 bike lane with curbside vehicle parking, the removal and replacement of severely fatigued pavement at various locations along the north and south sides of Gobbi Street to provide an acceptable riding surface for bike traffic, minor drainage improvements to ensure that drainage waters do not impact bicycle traffic, the removal and replacement of damaged curb and gutter and drive aprons that currently impound surface drainage waters that have a potential to impact bicycle traffic, and the necessary pavement striping and marking that is required to establish a bicycle lane conforming to the requirements of a class 2 facility. Staff recommends award of a construction contract for the Gobbi Street class 2 bike lanes to Granite Construction Company. CITY OF UKIAH DEPARTMENT OF PUBLIC WORKS Gobbi Street Class 2 Bike Lane from Orchard Avenue to Babcock Lane Specification No. 03-06 Bid Tabulation Fund/Account No. 250-9815-250o001 has $102,000 budgeted for the project. Fund/Account No. 341-9815-250-000 has $27,000 budgeted for the project. BID OPENING: JULY 9, 2003 ITEMI NBR. ", QUANTITYI UNIT ENGINEER'S ESTIMATE = $123,334 ENGINEER'S ESTIMATE Granite Construction Ukiah, CA ~ Willits, CA DESCRIPTION UNIT I TOTAL UNIT I TOTAL UNIT I TOTAL PRICE , PRICE $2,000.00 $2,000.00 $1,000.00 $2,000.00 Mendocino Construction Svcs. LS Utility Location & Identification 2 1 31 245 4 I 410 1,075 LS Construction Layout and Staking LF Traffic Striping Removal I LF t Saw Cutting SF Removal of Concrete Improvements SY '3" of Asphalt Concrete Pavement Removal SY 5" of Asphalt Concrete Pavement Removal 7 8 : 440 1,650 250 CY Roadway Excavation 5 EA Meter & Valve Box Protection/Replacement 12L 16f EA Manhole Frame & Cover Protection/Replacement EA Adjustment of Telephone Vault 575 SY ISubgrade Preparation 140 CY Aggregate Base 620 . TONS Asphalt Concrete 50 LF Asphalt Concrete Berm 21 LF !Concrete Curb 17 452 LF Concrete Curb & Gutter 18 , 355 SF : Concrete Sidewalk 19 20 , 21 355 SF IConcrete Ddve Apron 26 , LF Concrete Inlet Depression 8 I LF 12" Storm Drain Pipe 22 1 23 2 EA Storm Drain Connection , EA Storm Drain Catch Basin 24 25 , 26 t 27 i 30 31 : 5,330 880 1,074 I LF 6" Solid White Stdpe Stdpe LF 6" Dashed White Traffic Stdpe LF 4" Solid White Traffic Stdpe 910 I LF 4" Dashed White & Yellow Traffic Stripe 960 [ LF Double Yellow Centedine Stdpe I EA I Relocate Roadway Sign 12 2 EA Bike Lane & Arrow Marking EA B ke Xing Marking EA R81 Sign Installation EA R81 & R81A or R81B Sign Combination Installation EA VV79 & W80 Sign Combination Installation 32 i $2,000.00 $2.00 $3.00 $4.50 $2,000.00 $490.OO $1,230.00 $4,837.50 $3,000.00 $3.25 PRICE $1,000.00 $2,000.00 $3,000.00 $3,500.00 $796.25 $4.00 $0.73 $4.00 $5.00 $4.50 $1,980.00 $5.00 $8,250.00 $5.00 $25.00 $6,250.00 $23.00 $500.00 $2,500.00 $404.70 $750.00 $1,000.00 $1,500.00 $299.30 $4,300.00 $2,200.00 $3,500.00 $2,023.50 $980.00 $2.00 $820.00 $3.20 $3,440.00 $15.50, $6,820.00 $8,250.00 $6.00 $9,900.00 $5,750.00 $20.00 $5,000.00 $265.00 $1,325.00 $2,000.00 $370.00 $740.00 $2,000.00 $2,000.00 $1,100.00 $1,100.00 $800.00 $800.00 $4.50 $2,587.50 $9.00 $5,175.00 $4.00 $2,300.00 $40.00 $5,600.00 $77.00 $10,780.00 $60.00 $8,400.00 $49,600.00 $1,000.00 $420.00 $12,656.00 $2,130.00 $2,840.00 $80.00 $20.00 $20.00 $28.00 $6.00 $234.00 $360.00 $750.00 $6,000.00 $639.60 $8.00 $9.00 $45.00 $750.00 $3,000.00 $0.12 $0.11 $0.09 $0.09 $0.16 $200.00 $77.00 $14.00 $25.00 $18.00 $6.00 $10.00 $18.00 $200.00 $1,100.00 $2,000.00 $47,740.00 $700.00 $525.00 $8,136.00 $200.00 $96.80 $96.66 $81.90 $153.60 $200.00 $2,400.00 $2,130.00 $3,550.00 $468.00 $1,600.00 $500.00 $1,000.00 $250.00 $250.00 $300.00 $600.00 $600.00 $88.00 $15.00 $56.00 $33.00 SI,100.00 $4,000.00 $0.60 $3,198.00 $0.60i $528.00 $0.50 $537.00 $0.45 $409.50 $1.00 $960.00 $400.00 $400.00 $42.00 $504.00 $170.00, $340.00 $350.00[ $350.00 $350.00 $700.00 $350.00 $700.00 TOTAL !$125,249.55 $10.00 $20.00 $38.00 $245.00 $2,200.00 $3,091.00 $0.60 $0.60 $0.50 $0.50 $1.00 $150.00 $54,560.00 $750.00 $1,176.00 $14,916.00 $3,550.00 $7,100.00 $988.00 $123,333.56 $300.00 TOTAL $1,96O.OO $2,200.00 $6,182.00 $3,198.00 $528.00 $537.00 $455.00 $960.00 $150.00 $50.00 $600.00 $500.00 $550.00 $200.00 $400.00 $425.00 $425.00 $1,000.00 TOTAL $1,100.0u $148,760.00 Date and Time Printed: 7/9/2003 at 3:01 PM Filename: BidTa~b-Gobb. jSt-C, lass2-BikeLane-Spec03-06 f} TTi CH EI T case o( d)screp~ncy bebc/een words and figures, the words sYa p~am~J[ ITEM NO. QUANTITY DESCRIPTION AND UNIT PRICE BID EXTENDED AMOUNT (in words and in figures) FOR ITEM (in figures) Utility Identification & Location for the lump s, um price of O,~C 'TH c,,,.,A~D A;,~ O ,c 1 Lump Sum ,($ ~jooo.oo ) $ Construction Surveying for the lump sgm price of 2 LumpSum ($ ]~,tO00.O0 ) $ ~lOOO, OO , Traffic Striping Removal for the pdce per linear foot of 245 --r/.iE88 A Ub 'F~e~FT'-- F ~ ye- 3 Linear Feet ,($ %.Z.g ,) Saw Cutting for the pdce per linear foot 410 o f ~e ~/eucr¥ ~TI~ ~:~E.- 4 Linear Feet ,_($ 0,-I 5 ) $ Zqq. Removal of Concrete Improvements for the price per 1075 square foot of i 5 Square Feet ~e c,',7.. A JO, t~ ..($ q.oo )' _ 3' of Asphalt Concrete Pavement Removal for the 440 price per square yard of u.c/6~..,~mf 6 Square Yards 1¢ tV ~ Af~t:, · $ Z ~'Zc~. oo ($ 5.oo ) .. 5" of Asphalt Concrete Pavement Removal for the 1650 . price per square yard of-/~u'~/¢.~4..r~; 7 Square Yards ~/~. $ ~,'z.¢-~.oo ($ ~.oo ) Roadway Excavation for the pdce per cubic yard of 250 -f-~ ~,v~"-~--"T~- A.,4 ~ Cubic Yards , ~ (F) ($ 2%.00 ) $ Meter & Valve Box Protection/Replacement for the )rice per each of 9 5 Each ~-C"~[ ~uk~i[~O 'F-Cdi~. $ Z~OZ3.ffo _ Manhole Frame & Cover for the p.rice per each of 10 2 Each ($ I~OO0,OO .) $ Z~0OO. OO _ 36 GO. BI STREET CLASS 2 BIKE LANE Spec. No. 03-06 ~TT~6H~E~J T ~* 2 Adjustment of Telephone Vault Cover for pdce per each of (D~e -C~,~,~G,At, K> ~ 11 1 Each A,.o ~o....-r-~ ($ i ~1 o0. oo ) $ I ~ i 0 o. Oo Subgrade Preparation for the pric~, per square yard of 575 /J ~ ~ e A,,~O 12 Square Yards (F) ($ ~/. O0 .) $ ~'~ I-/~. OO Aggregate, Base for the price per cubic yard o} 13 Cubic Yards ($. "I"/. OO ) $ t O i'1~,O · OO ' Asphalt Concrete for the pdce P~[t,~n °~,,_f~/ 14 620 Tons ($ -/'3.0o ) $ Asphalt Concrete Berm price per linear foot of 15 Linear Feet ($. i~.O0 .) $ 'I00,00 Concrete Curb for the price per linear fool of 21 l"to~.,t-'r ¥ - ff- ~e ¢~.,.~ 16 Linear Feet ~' '~ ~" O0 ($. Z--5. oo ) $ . . Concrete Curb & Gutter for the p~ice p.~ linear foot of 452 ~. t l.~ ~'( l"e.W.~ ~..~ t,.i.~/ ~. ,~ ,,,~ , 5 17 Linear Feet Concrete Sidewalk for the pfi/c,e per square foot of 18 Square Feet ($ (v,eo .) $ Concrete Drive Apron for the p ',rif..e per square foot of 355 '-Few, A,v p 19 Square Feet ($. /o. oo ) $= ~-.55-~o. Oo Concrete Inlet Depression for the price p~er linear foot 26 of E / ~/.q"r'~/~ A..,',r0 hc/¢ 20 Linear Feet ~$. Ig.oo ~ $ LiIo6.oo 12' Storm Drain Pipe for the price p{~r linea/' foot of 8 -ru~o ji O/u~~ 21 Linear Feet ($ ' 2oo.oo ) $ il goo, oo Storm Drain Connection for the pdc, e per each of I 22 1 Each ,q..,,~ ~'/c,.,...,,=-~ ($ //t0o .0o ) $ I) I 00. Oo GOBBI STREET Ct.A,SS 2 BIKE LANE 3-/ Storm Drain Curb Inlet for the price per, each of i 23 2 Each .($ 2~c~o.oc ) $. ci~(3oo.o0 6' Solid White Traffic Stdpe for the price per linear 5330 foot of ~ L~-.T T 24 Linear Feet ($ O ¢o .) $ ~. i'le, oo 6' Dashed White Traff~; Stdpe for the price per linear 880 foot of 5L'C'T'"( C~t2t..'t-5 25 Linear Feet 4" Solid White Traffic Stdpe for the pdce per linear 1074 foot of /~ FFTY (..~t'T$ 26 Linear Feet ($ ~.___I2 4' Dashed White & Yellow Traffic Stripe for the price 910 per linear foot of 27 Linear Feet FoP~'TY'- F ~ v6 Double Yellow Centedine Traffic Stripe fort,be price 9.60 per linear foot of 28 Linear Feet 0ri P... .~OU...~ A--tO $ q¢o.oo ($ /.oo ) Relocate Roadway Sign for the price per/each of 29 1 Each .. ($. Zfoo,oo .) $ q Bike Lane & Arrow Marking for the pdce per, each of 30 12Eachi,.-, __/-- ~o q . oo ($ ~'z.oo Bike Xing Marking for the price per each of. O~e_ i-i,2,~--~-o Se.v~T' 31 2 Each 14~/~1-5' ($. i'"~0 .OO .) $ R81 Sign Installation for the price per each of --rHlze6 ~ u~J;)~e.o 32 1 Each ~ ~,~rs ($ %50.00 R81 & 8 lA or R81 B Sign Combination Installation for the price per each of 33 2 Each TI4 ¢-¢.~ lA, Ok/~£f,O '[¢l W79 & WS0 Sign Combination Installation for the 34 2 Each 14 u ~'l:~o $ "'/0 0, OO GOBBI STREET CLASS 2 BIKE LANE 38 TOTAL BID AMOUNT ==") Total bid amount in words: L (F) Denotes Final Pay Quanti~ Pursuant to Section 9-1.015 of the Standard Spec~tions We, the undersigned, further agree, if this proposal shall be accepted, to sign the agreement and to furnish the required bonds with satisfactory surety, or sureties, within r~een (15) calendar days after written notice that the contract is ready for signature; and, if the undersigned shall fail to contract, as aforesaid, it shall be understood that he or she has abandoned the contract and that, therefore, this proposal shall be null and void and the proposal guaranty accompanying this proposal, or the amount of said guaranty, shall be forfeited to and become the property of the City. Otherwise, the proposal guaranty accompanying this proposal shall be returned to the undersigned. Witness our hands this day of July 9th _, 20 0.__!3. Lm-,~sed in accordance with an act_[~rovidi_n_cLfor the registration of California Contractors License No. _, expiration date Hay THE CONTRACTOR'S LICENSE NUMBER AND EXPIRATION DATE STATED HEREIN ARE MADE UNDER PENALTY OF PERJURY. Signature of bidder or bidders, with business addresses: Granite Construction Com a~ B~nto Area Manager P.O. Box 50085 Watsonville, CA 95077-5085 Notice: In the case of a corporation, give below the addresses of the principal office thereof and names and addresses of the President, Secretary, Treasurer. P.O. Box 50085/585 West Beach Street Watsonville, CA 95077-5085 William G. Dorey, President Michael Futch, Secretary Rqxane C. Allbritton, Treasurer Michael A. Heddinger, Sacramento Area Manager GOBBI STREET CLASS 2 BIKE LANE 39 Spec. No. 03-06 ~_l~,ZI FAIR EMPLOYMENT PRACTICES CERTIFICATION TO: City of Ukiah, The undersigned, in submitting a bid for performing the following work by Contract, hereby certifies that he or she has or will meet the standards of affirmative compliance with the Fair Employment Practices requirements of the Special Provisions contained herein. GOBBI STREET CLASS 2 BIKE LANE FROM ORCHARD AVE. TO BABCOCK LANE Granite Construction Company By: t~ Michael A. Heddinger, ~c~tramento Area Manager Business Mailing Address: P.O. Box 50085 Watsonville, CA 95077-5085 BusinessLocation: 585 West Beach Street Watsonville, CA 95076 (The bidder shall execute the certification of this page prior to submitting his or her proposal.) r C.-.-.-~BBI STREET CLASS 2 BIKE LANE 4O WORKER'S COMPENSATION CERTIFICATE GOBBI STREET CLASS 2 BIKE LANE FROM ORCHARD AVE. TO BABCOCK LANE I am aware of the provisions of Section 3700 of the Labor Code which require ever~ against liability for Worker's Compensation or undertake self-insurance in accordance' code and I will comply with such provisions before commencing the performance of th, Witness my hand this 9th day of July ,200 3 Signature of Bidder, with Business Address: Granlte Construction Company Michael A. Heddinger, Sa~r~ento Area Manager P.O. Box 50085 Watsonville, CA 95077-5085 GOBBI STREET CLASS 2 BIKE LANE 41 CERTIFICATION OF NONDISCRIMINATION IN EMPLOYMENT GOBBI STRRT CLASS 2 BIKE LANE FROM ORCHARD AVE. TO BABCOCK LANE The bidder represents that he or she has/has not, participated in a previous contract or subcontract subject to either the equal opportunity clause herein or the clause contained in Section 301 of Executive Order 10925; that he or she has/has not, filed all required compliance reports; and that representations indicating submiss!on ~:,;' required compliance prior to subcontract awards. Signature and address of Bidder: Granite Construction Company Date July 9, 2003 P.O. Box 50085 Watsonville, CA 95077-5085 (This certification shall be executed by the bidder in accordance with Section 60-1.6 of the Regulations of the President's Committee on Equal Employment Opportunity for implementing Executive Orders 10925 and 11114.) i GOBBI STREET CLASS 2 BIKE LANE 42 Speq. No. 03-06 I LIST OF PROPOSED SUBCONTRACTORS ia P GOBBI STREET CLASS 2 BIKE LANE FROM ORCHARD AVE. TO BABCOCK LANE In compliance with the provisions of Sections 4100-4108 of the State Government Code and any amendments thereof, each bidder shall set forth (a) the name and location of the place of business of each sub~ will perform work or labor or render service to the Contractor in or about the construction site i~ ,.,, :.: ....... ,: in excess of one-half of 1 percent of the total bid and (b) the portion of the work to be done by each subcontractor. \ GOBBI STREET CLASS 2 BIKE LANE 43 Spec. No 03-06 STATEMENT OF EXPERIENCE OF BIDDER GOBBI STREET CLASS 2 BIKE LANE FROM ORCHARD AVE. TO BABCOCK LANE The bidder is required to state below what work of similar magnitude or character he or she has done and to ! references that will enable the City Council to judge of his or her experience, skill and business standing an¢ or her ability to conduct work as completely and rapidly as required under the terms of the contract. See attached list of projects completed, 1998-2002. STREET CLA,SS 2 BIKE LANE 44 Spec. No. 03- !' I' 0 I-On' z 13. og~ SIGNATURE(S) OF BIDDER GOBBI STREET CLASS 2 BIKE LANE FROM ORCHARD AVE. TO BABCOCK LANE Accompanying this proposal is Bidder ' s Bond (insert the words "cash ($)", "cashier's check" or "biddeCs bond", as the case may be) in an amount equal to at least 10 percent of the bid. The names of all persons interested in the foregoing proposal as principals are as follows: IMPORTANT NOTICE: If bidder or other interested person is a corporation, provide the legal name of corporation and also the names of the president, secretary, treasurer and manager thereof. If a co-partnership, provide the true name of firm and also the names of all individual co-partners composing the firm. If bidder or other interested person is an individual, provide the first and last names in full. See attached list of officers. Michael A. Heddinger, Sacramento Area Manager Licensed in accordance with an act providing for the registration of Contractors: License No. 89 , License Expiration Date May 31, 2005 Signature(s) of Bidder: Granite Construction Company Michael A. Heddinger, Sa~gz/amento Area Manager NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the off~,er or off~_,ers authorized to sign contracts on behalf of the corporation; ;'f bidder is a co-partnership, the true name of the firm shall be set fodh above together with the signature of the partner or partners authorized to sign contracts in behalf of the co-partnership; and if bidder is an indMdual, his or her signature shall be placed above. If a member of a partnership, a Power of Attorney must be on file with the Department prior to openin9 bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized. Business address: P. O. Box 50085 Watsonville, CA 95077-5085 Place of residence: N/A Dated: July 9, 2003 GOBBI STREET CLASS 2 BIKE LANE 45 Spec. No. 03-06 GRANITE CONSTRUCTION COMPANY OF CALIFORNIA P.O. BOX 50085 WATSONVILLE, CA 95077-5085 (831) 724-1011 State of Incorporation: California List of Officers David H. Watts Chairman of the Board Chief Executive Officer William G. Dorey President Chief Operating Officer Mark E. Boitano Executive Vice President Assistant Secretary Patrick M. Costanzo Senior Vice President Assistant Secretary William E. Barton Senior Vice President Chief Financial Officer Assistant Secretary Roxane C. Allbritton Vice President Treasurer Assistant Financial Officer Assistant Secretary Michael Futch Vice President Secretary Garry M. Higdem Vice President Assistant Secretary James H. Roberts Vice President Assistant Secretary David R. Grazian Assistant Secretary Mary G. McCann-Jenni Michael F. Donnino Assistant Secretary Assistant Secretary Kenneth M. Smith Assistant Secretary James M. Cady Assistant Secretary CITY OF UKIAH Mendocino County, California BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, that we, Granite Construction Company , as PRINCIPAL and Federal Insurance Company , as SURETY, are held and firmly bound unto the City of Ukiah in the penal sum of 10 PERCENT OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City of Ukiah, as the case may be, for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, to the City Clerk to which said bid was submitted, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firm~ by these presents. In no case shall the liability of the surety hereunder exceed the sum of $* * l O% o~the total amount of the bid** THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the above mentioned bid to the City of Ukiah, as aforesaid, for certain construction specir~,ally described as follows, for which bids are to be opened at the Office of the City Clerk, Ukiah Civic Center, Ukiah, California, on July 9, 2003 for GOBBI STREET CLASS 2 BIKE LANE FROM ORCHARD AVE. TO BABCOCK LANE NOW, THEREFORE, If the aforesaid Principal is awarded the contract and, within the time and manner required under the specir~ations, after the prescribed forms are presented to him or her for signatures, enters into a written contract, in the prescribed form, in accordance with the bid and files two bonds with the City of Ukiah, one to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 1 st day of July A.D. 2003 Granite Construction Company ,(Seal) Michael A. Heddinger, Sa~ento Area Manager(Seal) Principal Federa. n~~raD~e C~ompa ny/'~ .(Seal) _eal) __~~W./~arese, '-~-rorney- In-~'act (Seal) Address: Two Embarcadero Center #1500, San Francisco, CA 94111 STREET Ct. ASS 2 BIKE LANE 46 Spec. No. 03-06 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Sacramento On July 1, 2003 personally appeared before me, Sarah Lumbert, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public) David W. Garese Name(s) of Signer(s) [5~]personally known to me OR [-~ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s-) is/are subscribed to the within instrument and acknowledge to me that he/st:e/~.ey executed the same in his~er/t~eL' authorized capacityOes) and that by his&.er/~e5 signature(s) on the instrument the person(s); of the entity upon behalf of which the person(s) acted. WITNESS MY HAND AND OFFICIAL SEAL. (~ - (x..'~ignature of Notary'Public Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fradulent reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bidder's Bond Document Date July 1, 2003 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: David W. Garese ['-1 Individual [-] Corporate Officer Title(s): [~] Parmer - [--i Limited [] Attorney-in-Fact [-] Other: [-] General Signer is Representing: Federal Insurance Company Signer's Name: ~'] Individual ['-! Corporate Officer Title(s): [-] Parmer -- ['-[ Limited ~] General [--1 Attorney-in-Fact ['-] Other: Signer is Representing: Chubb POWER Surety OF ATTORNEY Federal Insurance Company Vigilant Insurance Company Pacific Indemnity Company Attn.: Surety Departmer 15 Mountain View Rose Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New corporation, a~l PACIFIC INDEMNrrY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint David W. Garese, A. Catherine Skeen, Mary K. Alexander, Sarah M. Lumbert,and E Christopher Martin oJ Sacramento, California ' each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver fo~ on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bell bonds) or executed in the course of business, and any Instruments amending or altering the ~ame, and consents to the modif'~.afion or alteration of ina~rument referred to In ~aid bonds or o~ns on behalf of "Granite Cons truc t ion Incorporated and all Subsidiaries alone or in Joint Venture"' in connection with bids, proposals or contracts to or with the United States of America, any State or political subdivision thereof or any person, fir corporation. And the execution of such bond or obligation by such Attorney-in Fact in the Company's name and on its behalf as surety there ctherwise, under its corporate seal, in pursuance of the authority hereby conferred shall, upon delivery th·mr, be valid and binding upon the Comp; In Witness Whereof, Mid FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY I each executed and attested these presents and afr'[xed their corporate seals on this 9 ~ . dayof ....~une, 2003 ~.nnet~ C. Wen~lel, As,~stan~'~'~e~a~- ! ~,- r~,-. ~o~er(son. vice ill, esident STATE OF NEW JERSEY t o. mm 9th ~.yof June~ 2003 :bef°reme, a Notary Public of New Jemey, pemonallycameKennethC to me know~ lo be ~ Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY oompanles which execuled the foregoing Power of Altorney, and the ~aid Kenneffi C. Wendel being by me duly ~,~rn, did delx~e and ~/thai he is Secmlary of FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY ~ANY ~nd knows the ooqxxale seels the · ~ the teel~ affixed to the foregoing Power of Aflomey are such coqxxete ~ and were thereto aff't~l by authority of the By-Laws of ~aid Companies; and th; · lgned ~etd PoWer of Aflorney m A~tetant Secretary of ~etd Compenie~ by like authority; end Ihet he i~ acquainted with Frank E. Rob·ricoh, and know~ him t. Vice ~. of ~ Companies; and that Ih· ~gnelure of Frank E. Rob·titan, subscribed to ~etd Power of Altomey is in the genuine handwriting of Fran o subscribed by authoflly et' said By*Laws and m deponeflra pre.nc·. CERTIFICATION Extract from the By-Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: 'All powers of ~ for and on behalf of the Company may and th·Il be executed in the name and on behalf of the Company, either by the Chairman or the President or · Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such off'~ers may be engraved, printed or lithograph·cl. The signature of each of the following officers: Chairman, President, any Vice Preaident, any Assis~nt Vice President, any Secretary, any Assistant Secretary and the seal of the Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and cther writings obligatory in the nature thereof, and any ~uch power of attorney or ceftirK~te beefing such facsimile ~gnature or fac~ ~eal shall be valid and binding upon the Company and any ~uch power ~o executed and certified by suc. h facsimile signature and facsimile seal shall be valid and binding upon the Company with req~ to any bond or undertaking to which i~ Is attached." I, Kennath C. Wend·l, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMN COMPANY (th~ 'CompanY') do her~y ~ ~t (i) the foregoing extract of the By-Laws of the Companies Is true and carrel, ~ and are aub'xxtz~ bythe U. S. T ~r,~___-y Depetme~ further, Feder~ and Vigimnt are a:emed In Puerto Rbo and the U. S. V~r~n (iii) the foregoing Power of Attorney IS true, correct and In full force and effect. Given under my hand and seals of said Companies at Warren, NJ this 1 ~-t- dayof_j~]y: 2003 IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND NOTIFY U~ OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR Telephone (908) 903-3485 Fax (908) 903-3656 e-mail: surety~chubb.com 15-10-0154 (Ed. 24~ ~ NON-COLLUSION AFFIDAVIT Executed at North Coast Area Office by Note: Bidder shall execute the affklavit on this page prior to submitting his or her bid. ~/- ,Ohie~r. ~ To City Council, City of Ukiah: The undersigned in submitting a bid for performing GOBBI STREET CLASS 2 BIKE LANE FROM ORCHARD AVE. TO BABCOCK LANE by contract, being duly sworn, deposes and says: that he or she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract. Business Address: Granite Construction Company Michael A. Heddinger, Sacramento Area Manager Signature(s) of Bidder P.O. Box 50085/585 West Beach Street Watsonville, CA 95077-5085 Place of Residence: N/A NOTARIZATION Subscribed and sworn to before me this Notary Public in and for the County of My Commission Expires day of~U¢/ ,. %7 ,20 0 (,, . ,20 d..~ . Commission # 1343685 Notar7 Public - California S a~nto Coun~ ~~.~~17,~ State of California. GO881 STREET CLASS 2 BIKE LANE 47 Spec. No. 03-06 Z o 0 0 0 0 0 0 C~ Z P~g t I- Z :::) 0 C c ._ C o I- Z rtl I-- Z IJJ r~ Z 6h ITEM NO. DATE: July 16, 2003 AGENDA SUMMARY REPORT SUBJECT: REPORT OF THE ACQUISITION OF ESRI ARCIMS SOFTWARE FROM ROCKWARE, INC. IN THE AMOUNT OF $6,250.00 SUMMARY: In compliance with Section 1522 of the City Code, this report is being submitted to the City Council for the purpose of reporting the acquisition of supplies costing more than $5,000 but less than $10,000. The Public Works Department worked with the Purchasing Department to obtain quotes for the acquisition of a new copy of ESRI Arc IMS Standard Edition Server CPU License. This software is required to distribute our GIS information to the internet via the City's web site. Three companies responded to the City's request for quotations, with Rockware, Inc. providing the lowest cost. The purchase amount of $6,250.00 (tax included) is less than the budget amount of $7,500 included in account number 100.3001.800.000. Adequate funding for this purchase was reserved through the encumbrance process prior to the end of the 2002-03 fiscal year. RECOMMENDED ACTION: Receive and file report of the acquisition of ESRI Arc IMS Standard Edition Server CPU License from Rockware, Inc. in the amount of $6,250.53. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Diana Steele, Director of Public Works / City Engineer Tim Eriksen, Civil Engineer Candace Horsley, City Manager 1. Quotation summary 2. Fiscal Year 2002/2003 budget sheet APPROVED: ~ ,... Candace Horsley, ~ity'Ma"~ger C:\My DocumentsLhSRCityCouncil\030716LArclMS Sofiwarevl .doc Last printed 7/10/2003 2:51 PM Attachment 1 CITY OF UKIAH 300 SEMINARY AVENUE UKIAH, CA 95482-5400 RESULTS OF QUOTATION FOR: 1 ESRI Arc IMS Standard Edition Server CPU License Company Bid Amount ROCKWARE INC 2221 EAST STREET 1sT LEVEL GOLDEN, CO 80401 $6,250.00 CHANNEL MARKETING CORPORATION 5200 KELLER SPRINGS RD. STE. 522 DALLAS, TX 75248 $6,563.00 ESRI, INC. 380 NEW YORK STREET REDLANDS, CA. 92373 $7,500.00 Z o o X ITEM NO. 8a DATE: July 16, 2003 AGENDA SUMMARY REPORT SUBJECT: INTRODUCTION OF ORDINANCE AMENDING IN ITS ENTIRETY CHAPTER 11, ARTICLE 2 OF THE CITY OF UKIAH MUNICIPAL CODE, REGULATING CABLE, VIDEO, AND TELECOMMUNICATIONS SERVICES AND CONSIDERATION OF COMMUNITY NEEDS ASSESSMENT REPORT FOR PUBLIC ACCESS CABLE TELEVISION The City of Ukiah, in cooperation with the County of Mendocino and the Cities of Fort Bragg and Willits has been attempting to collaboratively negotiate cable franchise renewal agreements with Adelphia Communications for the past three years. This effort has been hampered by a myriad of financial and legal difficulties being experienced by Adelphia, including bankruptcy and reorganization, and an ongoing investigation by the federal Justice Department. Due to these issues, corporate representatives for Adelphia have been unable to proceed with negotiations. In the interim, the consulting firm of Communications Support Group (CSG), led by Mr. John Risk, was retained by the public agencies to assist with the negotiations and research and develop proposals for services such as the needs assessment report provided in Attachment #2. ( Continued on Paqe 2) RECOMMENDED ACTION: Introduce ordinance amending in its entirety Chapter 11, Article 2 of the Ukiah Municipal Code, regulating cable, video, and telecommunications services and after discussion provide direction to staff regarding negotiations for financing public access television needs. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine ordinance requires revision and introduce as revised. 2. Determine adoption of ordinance is inappropriate at this time and remand to staff with direction. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Larry W. DeKnoblough, Community Services Director Candace Horsley, City Manager and David Rapport City Attorney 1. Draft Ordinance 2. Community Public Access Television Needs Assessment Report Candace-~orsley, City er Cableordinance.Asr LD/ZIP2 Adelphia's corporate situation has progressed and improved significantly as a result of its reorganization and is now under new corporate leadership. As a condition of the bankruptcy and reorganization, several of the company's cable franchises are intended to be sold, however, Adelphia representatives have indicated the four franchises in Mendocino County are to be retained and the company may now proceed with renewal negotiations in earnest. The City's current ordinance regulating cable franchises is approximately 15 years old and is outdated in relation to the rapidly changing environment, services, and federal regulations of the telecommunications industry. In order to proceed further with negotiations, the consultant has recommended the four public agencies update their existing regulations by adopting an amended governing ordinance to establish the public agency's regulatory authority to enter into a franchise agreement for cable services, define the procedures for granting, renewing, transferring and acquiring cable franchises, and establish criteria for service delivery and customer service standards. The draft ordinance provided with this report was prepared by CSG attorneys in cooperation with the four public agency attorneys, including City Attorney, Dave Rapport. The proposed ordinance does not address specific terms and conditions, which will be included in the franchise agreement. It simply establishes the authority and procedures for the City to enter into an agreement and defines the procedures and regulations for operations of a cable franchise, video, or telecommunications system within the City of Ukiah. Any agreement entered into by the City to operate a cable, video, or telecommunications system shall comply with and refer to the City's ordinance for its authority and implementation. Staff is also seeking direction regarding financing of public access television. Because the Federal Communications Commission (FCC) has set limitations as to the areas a public agency may negotiate with a cable operator, franchise fees and financing of public access television are the primary funding concerns which are to be addressed in negotiations. The City has already established the maximum allowable franchise fee of 5% of gross revenues. Remaining to be negotiated is the funding to be paid by Adelphia to each public agency for development and operations of public, education, and government (PEG) access channels. The FCC requires that cable operators provide PEG channel access, at no charge, and that a franchising authority may negotiate for funding to equip and operate such channels. Due to a number of reasons, the Ukiah area has had limited success in the past in maintaining a public access operator to administer and coordinate PEG operations. Willits and Fort Bragg currently have active public access organizations providing this service to their respective areas. In order to establish a basis for negotiations, CSG performed a comprehensive needs assessment for all four public agencies and their respective geographic areas. The needs assessment report provided in Attachment #2 is a result of a series of meetings including education representatives, Adelphia, City staff, and the various area public television interest groups. The report addresses and makes findings for the overall need for enhanced public access throughout the County in the "Statement of Public Needs" on page one Attachment #2. It then proceeds to define the specific financial needs of each area represented by the four public agencies. The coast is represented by Mendocino Coast Community Education Access Television MCCET, which is a joint powers authority representing coast education and government agencies. Willits is represented by Willits Community Television, and the inland Ukiah Valley is represented by the City of Ukiah, Mendocino County and Ukiah Valley Community Television (formerly Mountain Valley Television). The report addresses both the up front capital needs to acquire improved equipment and facilities, as well as ongoing funding for annual operations. The Ukiah Valley group's needs were determined to be $746,300 for capital and $155,000 for annual operations. MCCET will require $646,512 total and Willits $142,315. Ukiah's needs are the highest due to the need for start up equipment and facilities. Although negotiations with Adelphia have been relatively dormant to date, Staff anticipates the process to progress steadily now that the corporate issues are being resolved. In order for the public agencies to be prepared for negotiations, adoption of the attached ordinance and direction regarding PEG negotiations are necessary. Staff believes the amount of funding established in the report is equitable to the task of adequately providing effective PEG access to the Ukiah Valley and is seeking Council direction to proceed with negotiations for that amount. Staff is also recommending introduction of the attached ordinance (adoption will be included on the August 6 meeting agenda). ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH, AMENDING IN ITS ENTIRETY CHAPTER 11, ARTICLE 2 OF THE CITY OF UKIAH MUNICIPAL CODE, REGULATING CABLE, VIDEO, AND TELECOMMUNICATIONS SERVICE THE CITY OF UKIAH DOES HEREBY ORDAIN AS FOLLOWS' SECTION 1. Chapter 11, Article 2 of the City of Ukiah Municipal Code is hereby amended to read as follows: CHAPTER 11, ARTICLE 2 CABLE TELEVISION SYSTEMS General Provisions 1870 Short title 1871 Authority 1872 Definitions Procedures for Granting, Renewing, Transferring, and Acquiring Cable Television Franchises 1873 1874 1875 1876 1877 1878 1879 1880 1881 1882 A Franchise is required to operate a Cable System The City may grant a Cable Franchise Franchise duration and renewal Limitations of Franchise Rights reserved to the City Transfers and assignments Franchise Area; annexations Application for Franchises; contents of application Selection of Grantee Franchise renewal 1883 Multiple Franchises 737846.1 737846.1 1884 1885 1886 1887 1888 1889 1890 1891 1892 1893 1894 Franchise application processing costs Franchise fee Contents of cable television Franchise Breach of Franchise; grounds for assessment of penalties and Franchise revocation Procedure for adjudication of breaches of the Franchise City Council hearing procedures Hearing officer procedures Penalties for breach of the Franchise Alternative remedies Removal and abandonment; purchase of system Receivership and foreclosure Design and Construction 1895 Undergrounding 1896 Use of poles 1897 Construction standards 1898 1899 1900 1901 Approvals Submission of drawings Relocation of facilities and equipment Maintenance Minimum Customer Service Standards 1902 Subscriber service standards 1903 1904 Identification required Notification to Subscribers 1905 1906 Verification of Subscriber service standards Subscriber complaints 1907 Compatibility with consumer electronics equipment Rates 1908 1909 1910 1911 1912 1913 1914 Rate regulation Billing procedures Refunds Notice of rate increases Non-discrimination and customer privacy Written or oral notice to enter property Notice regarding channel scrambling Service Provisions 1915 Tenant rights 1916 Continuity of service mandatory Open Video Systems 1917 Applicability 1918 Application required 1919 Review of application 1920 Agreement required Other Video and Telecommunications Services and Systems 1921 1922 1923 Other multichannel video programming distributors Video providers-registration; customer service standards Telecommunications service provided by telephone corporations 737846.1 GENERAL PROVISIONS § 1870 SHORT TITLE. This title is known and may be cited as the "Cable, Video, and Telecommunications Service Providers Ordinance" of the City of Ukiah. § 1871 AUTHORITY This chapter is enacted by the City of Ukiah pursuant to the Cable Act, the City's police powers, its powers and rights to control the use of the Public Right-of-Way, within the City, and all other applicable laws. § 1872 DEFINITIONS. For the purposes of this chapter, the following terms, phrases, words, and abbreviations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future tense, and words in singular number include the plural number. Words not defined by this section shall be given the meaning set forth in the Cable Act, and if not defined therein, their common and ordinary meaning. AFFILIATE. Any Person directly or indirectly Controlling, Controlled by, or under common Control of Grantee. CABLE ACT - The Cable Communications Policy Act of 1984 (47 USCS 521 et seq., as amended by the Cable Television Consumer Protection and Competition Act of 1992 (Public Law No. 102-385) and the Telecommunications Act of 1996 (Public Law No. 104-104) as hereinafter may be amended. CABLE SERVICE. Constitutes the following: (A) the one-way transmission to Subscribers of (i) video programming, or (ii) other programming service, and (B) Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service, as hereinafter may be amended. CABLE SYSTEM OR SYSTEM. Grantee's facilities, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide video programming and which is provided to multiple Subscribers within the City. Such term does not include: . . A facility that serves solely to retransmit the television signals of one or more television broadcast stations; or A facility that serves Subscribers without using any Public Right-of-Way; or A facility of a common carrier which is subject, in whole or in part, to the provisions of Subchapter II of Chapter 5 of Title 47 of the United States 737846.1 . . Code, except that such facility shall be considered a Cable System (other than for purposes of 47 USC 541 (c)) to the extent such facility is used in the transmission of video programming directly to Subscribers, unless the extent of such use is solely to provide interactive on-demand services; or if such facility is used to provide Cable Service, whether on a common carrier or non-common carrier basis, directly to customers; or An Open Video System, as defined below, that complies with 47 USC Section 573; or Any facilities of any electric utility used solely for operating its electric utility systems. CITY. The City of Ukiah. CITY MANAGER. The City Manager of the City of Ukiah, or his or her designee. COMMUNICATIONS ACT. The Communications Act of 1934 (48 Stat. 1064, 15 USCS § 21; 47 USCS §§ 35, 151--155, 201--221,301--329, 401--416, 501--505, 601- -609 (as subsequently amended and as hereinafter may be amended). COMPLETE SYSTEM CONSTRUCTION. The point in time when all transmission equipment, facilities, and construction work is installed and completed, and when all appropriate tests have been completed such that applicable performance standards pertaining to or dependant upon such construction is verified. The term Complete System Construction does not include marketing and installation of Subscriber service. CONTROL(ING/ED). The possession, directly or indirectly, of the power to direct, or to cause the direction of, the management and policies of a specified Person, whether through the ownership of voting securities, by contract or otherwise. DISTRIBUTION FACILITY/(IES). Cable equipment which is not specific to a Subscriber, including trunk and distribution lines, but excluding drop lines to specific locations. DROP LINES. The cable and related equipment connecting the Cable System's plant to equipment at the Subscriber's premises. EDUCATIONAL ACCESS CHANNEL. A channel which designates educational institutions as the primary suppliers of non-commercial programming. FCC. The Federal Communications Commission. FRANCHISE. The right to construct, operate and maintain a Cable System using the City's streets and rights-of-way pursuant to the terms and conditions of this chapter and other relevant provisions of the Municipal Code, the Franchise Agreement, any 737846.1 5 Resolution approving the transfer of the Franchise, and any agreement between the City and Grantee relating to the operation of the Cable System. FRANCHISE AGREEMENT. An agreement granting a Franchise pursuant to the terms of the agreement and this chapter. Any conflict between the terms of this chapter and the Franchise Agreement shall be resolved in favor of the Franchise Agreement. FRANCHISE AREA. The geographic area within the City designated in a franchise where Grantee may operate a Cable System, as defined in the Franchise Agreement. GOVERNMENT ACCESS CHANNEL. A Channel on the Cable System which is made available by Grantee on which non-commercial informational programming regarding government activities and programs may be presented. GRANTEE. Any Person to whom a valid Franchise is granted by the City under this chapter, and the lawful successor, transferee or assignee of such Person. GROSS REVENUES. Any and all revenue which is received, whether directly or indirectly, by Grantee, from or in connection with the provision of Cable Services over the subject Cable System, or any part of such system. Such revenue shall include but not be limited to the following: a) b) Any and all fees charged to Subscribers for Cable Services including without limitation fees for any and all basic service, optional service, tier service, audio service, commercial service, premium service, pay television service, pay-per-view service and related per-event service, or for the distribution of any other Cable Services over the Cable System; Any and all fees charged to Subscribers for installation, disconnection, reconnection, change in service, and similar fees; c) Any and all fees charged to Subscribers for converters, remote controls or other equipment leased, rented or sold to Subscribers in connection with the delivery of Cable Services; d) Any and all fees charged to Subscribers for service charges and/or late fees attributable to delinquent accounts; e) Any and all revenue collected by Grantee from its Subscribers for direct payment to a third party as a cost of doing business (including without limitation possessory interest tax, copyright fees, program license fees and Subscriber payments for PEG access); Any and all revenue received from Cable Services related activities including without limitation any and all revenue received from leased access programmers and other users, or the use, license or lease of studio rental and production equipment, or the sale, exchange or cablecast of any programming developed on or for community service channels or institutional users, or the sale of advertising or the lease of channel capacity on a Cable System, without deduction for any commission paid to 737846.1 g) h) an advertising agency in connection with the sale of advertising on a Cable System. Any and all revenue of any Person which is derived directly or indirectly from or in connection with the provision of Cable Services over the Cable System, including but not limited to revenue or compensation which is paid by any of the following: (i) the Subscribers or users of such Cable System, or (ii) the advertisers on such Cable System, or (iii) any other party; and is paid to any of the following: (i) the suppliers of programming on such Cable System, or (ii) home shopping services in connection with the sales of products or services derived from programming transmitted over such Cable System, to the extent such revenue represents payment, in whole or in part, for the use of a channel on the system; or (iii) leased access programmers for programming transmitted over such Cable System; and Refundable deposits that are not returned to Subscribers following termination of service. Gross revenues shall include revenue derived from subscriptions to Cable Information Services as defined by the Communications Act provided over the Cable System in the Franchise Area should a final determination by Congress, a court of competent jurisdiction, or the FCC which classifies Cable Information Service, or any other service offered by Grantee, as a Cable Services (as that term is defined in the Cable Act) beginning on the effective date of the final determination. Gross Revenues shall not include any tax of general applicability imposed upon Grantee by the city, state, federal or any other governmental entity and required to be collected by Grantee and passed through to the taxing entity, provided such taxes are identified as a separate line item on Subscriber statements. The Franchise fee shall be included in Gross Revenues. In computing Gross Revenues from sources other than Subscribers, including but not limited to revenue from the sale of advertising, lists of the names and addresses of Grantee's Subscribers, home shopping services, guide sales, or the lease of channel capacity over its Cable System, which revenue is attributable both to the operation of Grantee's Cable System inside the City and in areas outside the City, the aggregate revenue received by Grantee from such other sources shall first be multiplied by a fraction, the numerator of which shall be the number of Grantee's Subscribers in the City as of the last day of the relevant billing period and the denominator of which shall be the number of Subscribers within all relevant areas served by Grantee for that specific service as of the last day of such period, and then assessed for Franchise fees. Gross Revenues shall include revenue received by any entity other than the Grantee where necessary to prevent evasion or avoidance of the obligation under this Agreement to pay the Franchise fees. 737846.1 MULTICHANNEL VIDEO PROGRAMMING DISTRIBUTOR or VIDEO PROGRAMMING DISTRIBUTOR. A Person such as, but not limited to, a Cable System operator, an Open Video System Operator, as defined below, a multichannel multipoint distribution service, a direct broadcast satellite service, or a television receive- only satellite program distributor, who makes available multiple channels of video programming for purchase by Subscribers or customers. OPEN VIDEO SYSTEM. A facility consisting of a set of transmission paths and associated signal generation, reception, and control equipment that is designed to provide Cable Services, including video programming, and that is provided to multiple Subscribers within the City, provided that the FCC has certified that such system complies with 47 CFR § 1500 et seq., entitled "Open Video Systems." OPEN VIDEO SYSTEM OPERATOR. Any Person or group of Persons who provides Cable Services over an Open Video System and directly or through one or more Affiliates owns a significant interest in that Open Video System, or otherwise controls or is responsible for the management and operation of that Open Video System. NORMAL OPERATING CONDITIONS. Service conditions that are within the control of Grantee. Those conditions that are ordinarily within the control of Grantee include, but are not limited to, special promotions, rate increases, regular peak or seasonal demand periods, and scheduled maintenance or upgrade of the Cable System. Those conditions that are not in control of Grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. PERSON. Any individual, corporation, partnership, proprietorship, or other organization authorized to do business in the State of California. PUBLIC ACCESS CHANNEL: A channel on the Cable System which is made available by Grantee on which non-commercial programming produced by members of the public or a nonprofit corporation formed by the City to operate and manage such a channel. PUBLIC RIGHT(S)-OF-WAY. Any of the following that are controlled, used or dedicated for use by the public and located within the City's jurisdictional limits: streets, roadways, highways, avenues, lanes, alleys, sidewalks, rights of way and similar public property within which Grantee may place its facilities for operating a Cable System. SERVICE INTERRUPTION. The loss or impairment of the Cable Services on one or more channels or frequency bands of the Cable System used in connection with the provision of Cable Services to any Subscriber. SUBSCRIBER. Any Person who pays for Cable Services provided by Grantee by means of the Cable System. 737846.1 VIDEO PROVIDER: Any person, company, or service that provides one or more channels of video programming to a residence, including a home, condominium, apartment, or mobile-home, where some fee is paid for that service, whether directly or as included in dues or rental charges, and whether or not public rights-of-way are used in the delivery of that video programming. A "Video Provider" includes, without limitation, providers of cable television service, master antenna television, satellite master antenna television, direct broadcast satellite, multipoint distribution services, and other providers of video programming, whatever their technology. PROCEDURES FOR GRANTING, RENEWING, TRANSFERRING, AND ACQUIRING CABLE TELEVISION FRANCHISES § 1873 A FRANCHISE IS REQUIRED TO OPERATE A CABLE SYSTEM. (A) It shall be unlawful for any Person to establish, operate or carry on the business of distributing to any Persons in the City any Cable Service, by means of a Cable System, unless a Franchise therefore is first obtained pursuant to the provisions of this chapter, and unless such Franchise is in full force and effect. (B) It shall be unlawful for any Person to construct, install or maintain within any Public Right-of-Way in the City, or within any other public property of the City, or within any privately owned area within the City which has not yet become a Public Right-of-Way but is designated or delineated as a proposed Public Right-of-Way on any tentative subdivision map approved by the City, any equipment or facilities for distributing any Cable Services, by means of a Cable System, unless a Franchise authorizing such use of such street or property or area has first been obtained pursuant to the provisions of this chapter, and unless such Franchise is in full force and effect. (C) It shall be unlawful for any Person to make any unauthorized connection, whether physically, electronically, acoustically, inductively or otherwise, with any part of a Franchised Cable System within this City for the purpose of enabling him or herself or others to receive any Cable Services carried on a Cable System, without the permission of Grantee. (D) It shall be unlawful for any Person, without the consent of Grantee, to willfully tamper with, remove, or injure any cables, wires, or equipment used in conjunction with a Cable System. (E) This section shall be construed to require a Franchise in every instance, except to the extent that such requirement is preempted by state or federal law. § 1874 THE CITY MAY GRANT A CABLE FRANCHISE. The City may grant a Franchise to any Person, whether operating pursuant to an existing Franchise or not, who offers to provide a Cable System pursuant to the terms and provisions of this chapter. The Franchise shall be subject to all ordinances and regulations of general application now in effect or subsequently enacted, including, 737846.1 without limitation, those concerning encroachment permits, business licenses, zoning, and building. § 1875 FRANCHISE DURATION AND RENEWAL. (A) The term of the Franchise or any Franchise renewal shall be established in the Franchise Agreement. (B) A Franchise may be renewed by the City upon application of Grantee pursuant to procedures established by the City, subject to applicable federal and state law. In the event the City does not establish such renewal procedures, the Franchise renewal procedures set forth in the Cable Act shall apply. § 1876 LIMITATIONS OF FRANCHISE. (A) Any Franchise granted under this chapter shall be nonexclusive and for the term specified by the Franchise Agreement. (B) No privilege or exemption shall be granted or conferred by any Franchise granted under this chapter except those specifically presented herein. (C) The grant of a Franchise, right, or license to use Public Right-of-Way for purposes of providing Cable Service shall not be construed as a right or license to use such Public Right-of-Way for any other purpose. (D) Any privilege claimed by Grantee under a Franchise in a Public Right-of- Way or any other public property shall be subordinate to any prior or subsequent lawful occupancy or use thereof, or easement therein, by the City or Other government entity. (E) A Franchise granted hereunder shall not relieve Grantee of any obligation related to obtaining pole space from any department of the City, utility company, or from others maintaining poles in the Public Right-of-Way. (F) Any right or power in, or duty imposed upon any officer, employee, department, or board of the City shall be subject to transfer by the City to any other officer, employee, department, or board of the City. § 1877 RIGHTS RESERVED TO THE CITY. (A) Subject to those restrictions, if any, that are mandated by state or federal law, neither the granting of any Franchise nor any of the provisions of this chapter shall be construed to prevent the City from granting additional Franchises. (B) Grantee, by its acceptance of any Franchise, agrees to be bound by all ordinances and regulations of general application now in effect or subsequently enacted (including without limitation those that concern encroachment permits, business licenses, 737846.1 10 zoning and building) and to comply with any action or requirements of the City in its exercise of such rights or power; provided, however, that such ordinances and regulations shall not materially affect Grantee's rights or obligations under the Franchise. (C) Neither the granting of any Franchise, nor any of the provisions of this chapter, shall constitute a waiver or bar to the exercise of any governmental right or power of the City. (D) This chapter shall not be construed to impair or affect, in any way, the right of the City to acquire the property of Grantee through the exercise of the power of eminent domain, in accordance with applicable law. (E) The City Council may do all things which are necessary in the exercise of its jurisdiction under this chapter and may determine any question of fact which may arise during the existence of any Franchise granted under this chapter. § ! 878 TRANSFERS AND ASSIGNMENTS. (A) No Franchise shall be transferred, sold or assigned, nor shall any of the rights, privileges, interests or property related to the Franchise be transferred, sold, hypothecated or assigned, either in whole or in part, directly or indirectly, voluntarily or involuntarily, to any Person without the prior consent of the City granted by resolution of the City Council. The granting of a security interest in any assets of the Grantee, or any mortgage or other hypothecation, will not be deemed a transfer for the purposes of this section. (B) Transfer of a Franchise includes but is not limited to any transaction in which control of the Franchise is transferred from one Person or group of Persons to another Person or group of Persons, or ownership or other interest in Grantee or its Cable System is transferred from one Person or group of Persons to another Person or group of Persons, or the rights and obligations held by Grantee under the Franchise Agreement are transferred or assigned to another Person or group of Persons. In addition, a transfer of the Franchise shall be deemed to have occurred upon the transfer on a cumulative basis of ownership or control of 20% of (1) the voting interest of Grantee, or (2) the Person exercising management authority over Grantee. (C) Grantee shall promptly notify the City in writing of a proposed transfer and shall file with the City Manager an application requesting approval of the proposed transfer ("Transfer Application"). The Transfer Application shall meet the requirements of § 1880 (with the transferee being the applicant), and shall provide complete information on the proposed transaction, including a copy of the bona fide offer, and details on the legal, financial, technical and other qualifications of the transferee. (D) In making a determination on whether to approve the Transfer Application, the City Council shall consider the legal, financial, technical and other qualifications of the transferee to operate the system, whether the incumbent Cable System operator is in compliance with its Franchise Agreement and this chapter and, if not, the candidate transferee's commitment and plan to cure such noncompliance, whether 737846.1 11 operation by the transferee would adversely affect Cable Services to Subscribers or otherwise be contrary to the public interest, and such other criteria provided for by applicable state and federal law. (E) A Transfer Application shall not be granted unless the proposed transferee agrees in writing that it will abide by and accept all terms of this chapter, the Franchise Agreement, and such other agreements, regulations or restrictions that pertain to the Franchise, assume the obligations and liabilities of the previous Grantee under the Franchise, and assume such other conditions as may be prescribed by the City Council resolution approving the transfer. (F) Approval by the City of a Transfer Application does not constitute a waiver or release of any of the rights of the City under this chapter or a Franchise Agreement, whether arising before or after the date of the transfer. § 1879 FRANCHISE AREA; ANNEXATIONS. (A) The Franchise Area shall be established by the Franchise Agreement. (B) Territory annexed to the City ("Annexed Territory") which is not within the Franchise Area of an existing Franchise may be added to Grantee's Franchise pursuant to City Council resolution. (C) All rights acquired under a Franchise or license granted by a public entity other than the City ("Foreign Franchise") shall terminate by operation of law as to Annexed Territory where Grantee of such Franchise or license has not commenced installation of a Cable System in the annexed territory before the date such annexation becomes effective. Where feasible, City shall provide notice to the holder of a Foreign Franchise of the City's intent to annex territory that may result in a termination under this section. Failure to provide such notice shall not affect the termination of the Foreign Franchise. (D) Where Grantee of a Foreign Franchise has commenced installation of a Cable System in annexed territory on or before the date such annexation becomes effective, Grantee may continue to provide Cable Services to the annexed territory for the balance of the initial term of said Franchise (exclusive of any renewal or extension not granted by the City), subject to the terms and conditions then in effect under such Franchise, and the timely payment to the City of all Franchise fees paid in connection with such service (or such other fees imposed by the City up to the maximum permitted by law). § 1880 APPLICATION FOR FRANCHISES; CONTENTS OF APPLICATION. (A) Applications for the grant of a new Franchise may be submitted by any Person pursuant to the requirements of this chapter. The City may, by advertisement or any other means, solicit applications for a new Franchise pursuant to a request for proposal ("RFP"). 737846.1 12 (B) An application for a new Franchise to construct, operate, or maintain any Cable System in the City shall be filed with the office of the City Clerk and shall be on forms prescribed by the City. The City reserves the right to waive all application formalities where the City determines that the best interests of the City would be served by such waiver. The City may, at its sole discretion, request new or additional proposals. (C) Unless waived in writing by the City, all applications for a Franchise shall at the minimum contain the following: 1) The name, address, and telephone number of the applicant; 2) A detailed statement of the corporation or business entity organization of the applicant, including but not limited to, the following: a) The names, residence and business addresses of all officers and directors of the applicant; b) The names, residence and business address of all officers, Persons and entities having an ownership interest of 5% or more in the applicant and the respective ownership share of each such officer, Person or entity; c) The names and address of any parent or subsidiary of the applicant, namely, any other business entity owning or controlling applicant in whole or in part or owned or controlled in whole or in part by the applicant, and a statement describing the nature of any such parent or subsidiary business entity, including but not limited to Cable Systems owned or controlled by the applicant, its parent and subsidiary and the areas served thereby~ d) A detailed description of all previous experience of the applicant in providing Cable Service or other similar or related communications services; e) A detailed and complete financial statement of the applicant, certified by an independent certified public accountant, for the fiscal year preceding the date of the application. The City may require a statement from an independent certified public accountant or a recognized lending institution, certifying that the applicant has available sufficient financial resources to construct and operate the proposed Cable System in the City; A detailed financial plan (pro forma) for the operation of the proposed Cable System, during the term of the proposed Franchise, in the format required by the City; and 737846.1 13 g) A description of any other Cable System Franchise(s) awarded to the applicant, its parent or subsidiary, including the place and term of these Franchises; the status of their completion, the total cost of completion of each Cable System; and the amount of applicant's and its parent's or subsidiary's resources committed to the completion of these Cable Systems; 3) A detailed description of the proposed plan of operation of the applicant which shall include, but not be limited to, the following: a) A detailed map indicating all areas proposed to be served, and a proposed time schedule for the construction of the Cable System and the installation of all equipment necessary to become operational throughout the entire area to be serviced; b) A statement or schedule setting forth all proposed classifications of rates and charges to be made against Subscribers, including installation charges and other service charges; c) A detailed statement describing the actual equipment and operational standards proposed by the applicant; d) A copy of the form of any agreement, undertaking, or other instrument proposed to be entered into between the applicant and any Subscriber; and e) A detailed statement describing any existing or proposed agreements and undertakings between the applicant and any Person, which materially relates to the application and the granting of the Franchise; 4) A detailed description of the applicant's plan to provide Public, Educational and Government Access Channel capacity services, facilities and equipment; 5) A detailed description of the applicant's plans to address the institutional network needs of the City 6) A copy of any agreement covering the Franchise area, if existing between the applicant and the local telephone and/or electric utilities providing for the use of any facilities of the utility including but not limited to poles, lines or conduits; and 737846.1 14 7) Any other details, statements, or information pertinent to the subject matter of such application which shall be required or requested by the City. § 1881 SELECTION OF GRANTEE. (A) The City may make such investigations as it deems necessary to determine the ability of an applicant to satisfactorily perform its obligations under a Franchise. The applicant shall timely furnish to the City all such information and data as the City may request. Failure to provide any such information shall constitute sufficient grounds for rejection of any application. (B) Upon receipt of a complete application, with all information required by the City, and after the City staff.completes its investigation and review of the application, the City Manager shall prepare a report and make recommendations to the City Council concerning the application. (C) The City Council shall hold a noticed public hearing on the application. Written notice shall be given at least ten (10) days prior to the hearing on the application. Within sixty (60) days after the close of the hearing, unless an extension of time is mutually agreed upon by the City and the applicant, the Council shall make a decision as to whether the Franchise should be granted, and if granted, subject to what conditions. The Council may grant one or more Franchises, or may decline to grant any Franchise. (D) In making its determination as to whether to grant an application for a new Franchise, the City may consider any and all factors which affect the interests of the community including, but not limited to, the quality of the Cable Service proposed, the areas to be served, the rates to be charged, the amount of Franchise fee to be generated, the experience, character, background, performance history and financial responsibility of an applicant (and its management and owners), the technical performance and quality of equipment, the applicant's willingness and ability to meet construction requirements and all other limitations and requirements pertaining to the Franchise, and all other matters deemed pertinent by the City for protecting the interests of the City and the public. (E) Any decision of the City Council concerning the granting or denial of a Franchise pursuant to this chapter shall be final. § 1882 FRANCHISE RENEWAL. Franchise renewals shall be processed and reviewed in accordance with then applicable law. The City and Grantee, by mutual consent, may enter into renewal negotiations at any time during the term of the Franchise. § 1883 MULTIPLE FRANCHISES. 737846.1 15 (A) The City may in its sole discretion limit the number of Franchises granted at any one time based upon its consideration of all appropriate criteria which shall include but not be limited to the following: (1) The capability of the Public Rights-of-Way to accommodate the facilities of any proposed additional Cable Systems. (2) The advantages and disadvantages that may result from additional Cable System competition. (B) The City may require that any Grantee be responsible for its own underground trenching and any associated costs if, in the City's opinion, the Public Rights-of-Way in any area do not feasibly and reasonably accommodate the additional cables, machinery, equipment, or other items contemplated in connection with the construction, maintenance and operation of a proposed new Cable System. In addition, Grantee shall comply with applicable federal and state laws regarding pole attachments. § 1884 FRANCHISE APPLICATION PROCESSING COSTS. (A) In connection with any application for a new Franchise, a Franchise renewal, or a Franchise transfer, each applicant shall pay a filing fee equal to the estimated costs determined by the City in processing and analyzing the application. Such costs shall include all administrative, consultant, noticing and document preparation expenses. No application shall be considered without payment of such fee. If the City's actual costs in processing and reviewing the application are less than the amount of the fee, any remaining funds from the fee shall be refunded to the applicant within 60 days after final approval or denial of their application. In the event that the deposit is less than the City's actual costs, Grantee shall pay such additional costs to the City within 30 days after written notice from the City that such additional payment is required. (B) Any application fees are exclusive of Grantee's obligation to pay other costs and fees required by this chapter, the Franchise Agreement or the Franchise, including without limitation construction inspection fees, permit fees, and Franchise fees. § 1885 FRANCHISE FEE. (A) As compensation for any Franchise granted, and in consideration of permission to use the Public Right-of-Way in the operation of its Cable System, and because the City will incur costs (other than application fees) in regulating and administering the Franchise, Grantee shall pay to the City a Franchise fee in the amount equal to five percent of Grantee's Gross Revenues, or such other amount as the City Council may set by resolution or specify in the Franchise Agreement. (B) The Franchise fee assessed shall be paid quarterly, to be received by the City Treasurer not later than 45 days after the close of each quarter of Grantee's fiscal year. 737846.1 16 (C) On a quarterly basis, Grantee shall provide the City a complete and accurate statement verified by a financial officer of Grantee indicating Gross Revenues for the past quarter, listing every revenue source, and depicting gross revenue computations. (D) On an annual basis, Grantee shall file a complete and accurate statement certified by Grantee's chief financial officer, indicating all Gross Revenues for said year, listing every revenue source, and depicting gross revenue computations. If the City has any concerns or objections relating to such report, the City shall have 60 days to notify Grantee and request additional information. Grantee shall have 60 days to provide additional information to resolve any concerns or objections to the City's satisfaction. Thereafter, the City may, at its sole discretion, request that such statement be certified by an independent certified public accountant, at Grantee's sole cost; provided, however, that any such request shall be made within 60 days after Grantee's response is received. (E) At any time during the term of a Franchise, the City shall have the right to conduct, or require Grantee to obtain, an independent audit by certified public accountants of any and all records of Grantee that are related to Gross Revenue reports or computations. Grantee shall cooperate with any such audit making readily available any and all information requested by the City. Grantee shall pay all costs of said audits, including all reasonable costs incurred by the City for any technical assistance deemed necessary by the City for obtaining independent verification of technical compliance with all Franchise standards and this Code. The certified public accountants shall be required to certify in the audit that the Grantee is in compliance with this chapter and the Franchise Agreement. Grantee shall maintain in a readily accessible place all such records for a minimum of four years after any payment period that such record pertains to. This right shall be in addition to City's right to conduct any other audit. (F) In the event that any Franchise fee payment is not paid by the due date, interest shall be charged monthly at a monthly rate of one and one-half percent. In addition, if any Franchise fee is not paid in full within 15 days a~er receipt of notice from the City as to the delinquency of such payment, a late fee in amount of five percent of the delinquent amount shall be assessed. (G) In the event Grantee claims to have overpaid by more than five percent the amount of Franchise fee actually due during any given quarter, it shall file an application with the City within one year after said payment was made. The failure to timely and properly make such claim shall constitute a waiver by Grantee of any right to such claimed overpayment, whether by refund, offset, credit or any other accommodation. All such applications shall state the amount of claimed overpayment, the reason for the claimed overpayment, and sufficient documentation to allow the City to verify Grantee's claim. Upon request by the City, Grantee shall provide any further information that is deemed relevant by the City. All such applications shall be considered by the City Council, and the City Council's decision with respect to such applications shall be final. § 1886 CONTENTS OF CABLE TELEVISION FRANCHISE 737846.1 17 (A) The terms and provisions of a Franchise Agreement for the operation of a Cable System may include, without limitation, the following subject matters: o The nature, scope, geographical area, and duration of the Franchise. 2. The applicable Franchise fee to be paid to the City, including the percentage amount, the method of computation, and the time for payment. 3. Requirements relating to compliance with and implementation of state and federal laws and regulations pertaining to the operation of the Cable System. 4. Requirements relating to the construction, upgrade, or rebuild of the Cable System, as well as the provision of special services, such as outlets for public buildings, emergency alert capability, and parental control devices. 5. Requirements relating to the maintenance of a performance bond, a security fund, a letter of credit, or similar assurances to secure the performance of the Grantee's obligations under the Franchise Agreement. 6. Requirements relating to liability insurance, workers' compensation insurance, and indemnification. 7. Additional requirements relating to consumer protection and customer service standards, including the resolution of Subscriber complaints and disputes and the protection of Subscribers' privacy rights. 8. Requirements relating to the Grantee's support of local cable usage, including the provision of Public, Educational, and Government Access Channels, the coverage of public meetings and special events, and financial or technical support for Public, Education, and Governmental access channels. 9. Requirements relating to construction, operation, and maintenance of the Cable System within the Public Rights-of-Way, including compliance with all applicable building codes and permit requirements, the abandonment, removal, or relocation of facilities, and compliance with FCC technical standards. 10. Requirements relating to recordkeeping, accounting procedures, reporting, periodic audits, and performance reviews, and the inspection of Grantee's books and records. 11. Acts or omissions constituting material breaches of or defaults under the Franchise Agreement, and the applicable penalties or remedies for those breaches or defaults, including fines, penalties, liquidated damages, suspension, revocation and termination. 12. Requirements relating to the sale, assignment, or other transfer or change in control of the Franchise. 737846.1 18 13. The Grantee's obligation to maintain continuity of service and to authorize, under certain specified circumstances, the City's operation and management of the Cable System. 14. Such additional requirements, conditions, policies, and procedures as may be mutually agreed upon by the parties to the Franchise Agreement and that will, in the judgment of the City, best serve the public interest and protect the public health, welfare, and safety. § 1887 BREACH OF FRANCHISE; GROUNDS FOR ASSESSMENT OF PENALTIES AND FRANCHISE REVOCATION. (A) In addition to all other rights and powers retained by the City under this chapter or otherwise, the City reserves the right to terminate any Franchise and all rights and privileges of Grantee, or assess damages or penalties against Grantee, in the event of any material breach of its terms and conditions. A material breach by Grantee shall include, but not be limited to the following: (1) Violation of any material provision of this chapter, the Franchise Agreement or any material rule, order, regulation or directive issued in connection with the Franchise; (2) Evasion of any material provision of this chapter or the Franchise Agreement, or the practice of fraud or deceit upon the City or its Subscribers and customers; (3) Material misrepresentation of fact in an application for a new Franchise, renewal or transfer of a Franchise, whether by act or omission; (4) Failure to pay any Franchise fee when said payment is due; (5) Failure to restore Cable Service after 72 consecutive hours of interrupted Cable Service, except in the event that the City approves in writing a longer period of interruption after making a determination that there exists just cause for such longer period of interruption; (6) Failure to provide at least 80% of subscribed Cable Services over the Cable System for a period of five days; (7) Failure to substantially meet customer service standards established in the Franchise over any consecutive three-month period of time; (8) Failure to initiate or Complete System Construction, or reconstruction within the time set forth in the Franchise, unless the City Council expressly approves the delay by motion or resolution, due to the occurrence of conditions beyond Grantee's control; 737846.1 19 (9) Failure to provide or maintain in full force and effect at all times any insurance coverage, letter of credit or bonds required by the Franchise Agreement; (10) Violation of orders or rulings of any regulatory body having jurisdiction over Grantee relating to the Franchise; (11) Failure to provide, upon written request, data, documents, reports or information; and (12) Failure to pay debts and obligations as they mature in accordance with normal business practices; assignment of Grantee or its assets for the benefit of its creditors; dissolution, liquidation or ceasing to conduct business; application by Grantee for (or consent by Grantee to) the appointment of a receiver, trustee, liquidator; or the filing of a bankruptcy petition by Grantee to the extent permitted by federal law or the sale of all or substantially all of Grantee's assets. § 1888 PROCEDURE FOR ADJUDICATION OF BREACHES OF THE FRANCHISE. (A) Prior to imposing any liquidated damages, sanction or penalty upon Grantee, including termination of the Franchise, the City Manager, shall demand in writing that Grantee cure such breach within a specified period, which period shall not be less than 30 days following notification. However, only 15 days notice shall be required in the case of failure to pay monies due. In addition, the City may, in an emergency, prescribe a notice less than 30 days consistent with the nature of the emergency. An emergency under this subsection (A) means an occurrence or condition that creates an actual or imminent danger to life or property. (B) Should Grantee fail to provide sufficient written proof within the specified cure period that corrective action has been taken, or that corrective action is being actively and expeditiously pursued by Grantee, then the City Manager may, in his or her sole discretion, elect to either place the issue of termination or other penalty before the City Council pursuant to § 1889 of this Ordinance or refer the matter to an appropriate hearing officer for his or her determination pursuant to § 1890. § 1889 CITY COUNCIL HEARING PROCEDURES. (A) The City Council may hold a public hearing to determine whether Grantee materially breached the Franchise and the appropriate penalty to be imposed, if any, as a result of such breach. The City shall cause to be served upon Grantee, at least ten days prior to the date of such hearing, written notice of any intent to terminate the Franchise and the time and place of the.hearing. Grantee may appear at such hearing and present such evidence, orally or in writing, that it deems relevant and appropriate to the Council's deliberations. Based on the evidence presented at the hearing, the City Council shall determine in its discretion whether or not a material breach occurred and whether to terminate the Franchise or take other appropriate action. 737846.1 20 (B) Should the City Council find that there has been a material breach of the Franchise, but that termination of the Franchise is inappropriate, then the Council may assess and levy or impose such other relief as the Council deems appropriate. (C) The City shall cause Grantee to be served with written notice of any action taken by the City Council following such public hearing. The decision of the City Council as to such matters shall be final. (D) Nothing herein is intended to limit the City Council's right to make other determinations which are reasonably related to the Franchise, or to seek any other appropriate relief to which the City may be entitled, at law or equity, as a result of any breach by Grantee of its obligations under the Franchise. § 1890 HEARING OFFICER PROCEDURES. (A) The City Manager may, at his or her sole discretion, refer to a hearing officer any controversy or claim arising out of or relating to the Franchise or its existence, construction, interpretation, performance, enforcement, operation, breach, continuance or termination. Such hearing proceedings shall be initiated by the City Manager by written notice to Grantee. (B) Within 90 days of referral of a controversy or claim, the hearing officer shall commence a hearing unless the parties and the hearing officer otherwise agree in writing. (C) The hearing officer shall be vested with quasi-judicial authority, and shall · be authorized to (i) order Grantee to undertake remedial action to cure any breach of its obligations under its Franchise, (ii) assess liquidated damages and/or levy a penalty upon Grantee in accordance with the terms of this chapter and the Franchise Agreement, (iii) determine that Grantee has not violated any of its obligations under its Franchise and/or (iv) terminate the Franchise. The hearing officer shall make findings in support of his or her determinations which must be supported by substantial evidence. (D) Except as may be apportioned between the parties by the hearing officer in his or her discretion, each party shall bear one-half of the fees and expenses of the hearing officer. Each party shall bear its own witness and attorneys' fees or other expenses. (E) Failure of Grantee to fully and promptly comply with an order of a hearing officer shall be deemed a material breach of the Franchise. · (F) The decision of the hearing officer shall be final and subject to judicial review pursuant to California Code of Civil Procedure Section 1094.5. § 1891 PENALTIES FOR BREACH OF THE FRANCHISE. The City Council or hearing officer may impose the following penalties for any breach of the Franchise, including any breach of Subscriber service standards: 737846.1 21 (A) Up to $1,000 for each day of each material breach, or such other amount provided in the Franchise Agreement. (B) For a second material breach of the same nature occurring within 12 months where a fine or penalty was previously assessed, up to twice the maximum penalty allowed for the first such breach. (C) For a third or further material breach of the same nature occurring within 12 months of the first such breach, where a fine or penalty was previously assessed, up to four times the maximum penalty allowed for the first such breach. § 1892 ALTERNATIVE REMEDIES. The remedies provided in this chapter are cumulative and in addition to all other rights the City may have at law or equity or under the Franchise Agreement, including but not limited to liquidated damages, which remedies may be exercised at any time. In no event shall the amount of any bond or letter of credit be construed to limit Grantee's liability for damages. § 1893 REMOVAL AND ABANDONMENT; PURCHASE OF SYSTEM. (A) Subject to applicable law, in the event that a Franchise is terminated, revoked, or is not renewed upon expiration, then Grantee shall, upon demand of the City, and at its sole expense, promptly remove all or any portion of its Cable System. In removing its Cable System, Grantee shall restore all streets to the City's standard specifications and repair any damage to utilities or other infrastructure caused by such removal. The liability, indemnity, insurance, security fund and bonds required under the Franchise shall continue in full force and effect until such removal is accepted as complete by the City. (B) Subject to applicable law, in the event that a Franchise is not renewed and the City acquires ownership of a Cable System or effects a transfer of ownership of a Cable System to another Person, any such acquisition or transfer shall be at fair market value, determined on the basis of the Cable System valued as a going concern, but with no value allocated to the Franchise itself. Ifa Franchise is revoked for cause and the City acquires ownership of the Cable System or effects a transfer of ownership of the Cable System to another Person, any such acquisition or transfer shall be at an equitable price. The value of a Cable System (fair market value or equitable price) shall be determined by an appraisal committee consisting of three disinterested appraisers. The City and Grantee shall each select one appraiser, and the two selected appraisers shall agree upon and appoint a third appraiser. (C) If a Grantee's plant, or a portion thereof, is deactivated for a continuous period of 30 days, (except for reasons beyond the Grantee's control), and without prior written notice to and approval by City, then the Grantee must, at City's option and demand, and at the sole expense of the Grantee, promptly remove all of the Grantee's property from any streets or other Public Rights-of-Way. The Grantee must promptly 737846.1 22 restore the streets or other public areas from which its property, including Distribution Facilities, has been removed to the condition existing prior to the Grantee's use. (D) City may, upon written application by a Grantee, approve the abandonment in place by a Grantee of any property, under such terms and conditions as City may approve. Upon City-approved abandonment in place of any property, the Grantee must cause to be executed such instruments as the City may prescribe in order to transfer and convey ownership of the abandoned property to the City. § 1894 RECEIVERSHIP AND FORECLOSURE. (A) Subject to applicable provisions of the United States Bankruptcy Code, any Franchise shall, at the option of the City, cease and terminate 120 days after the appointment of a receiver or trustee to take over and conduct the business of Grantee whether in a receivership, reorganization, bankruptcy or other action or proceeding unless such receivership or trusteeship shall have been vacated prior to the expiration of said 120 days, or unless: (1) Such receiver or trustee shall have, within 120 days after his or her election or appointment, fully complied with all terms of the Franchise and remedied all breaches of the Franchise or provided a plan for the remedy of such breaches which is approved in writing by the City~ and, (2) Such receiver or trustee shall, within said 120 days, execute an agreement duly approved by the Court having jurisdiction, under which such receiver or trustee agrees to be bound by each and every term, provision and limitation of the Franchise. (B) Upon the foreclosure or other judicial sale of all or a substantial part of a Cable System, Grantee shall notif3, the City of such fact, and such notification shall be treated as a notification that a change in ownership of Grantee has taken place and the provisions of this chapter governing such changes shall apply. DESIGN AND CONSTRUCTION § 1895 UNDERGROUNDING. conduit. At no time shall Grantee place cable underground without appropriate (B) The Cable System shall be placed underground in all portions of the Franchise area where either telephone or electric lines are underground. Whenever the poles on which the Cable System is constructed are eliminated, Grantee shall concurrently replace its aerial facilities with underground facilities. At no time shall the Cable System be the only aerial facility in any given area. (C) Where the Cable System is installed underground, line extenders, amplifiers, taps, power supplies, traps and related electronic equipment and components 737846.1 23 may be placed in appropriate housings above the surface of the ground to the extent that the method employed is compliant with any and all applicable City, state, federal or other regulations, and consistent with any other generally applicable guidelines, policies or procedures which may from time to time be adopted by the City or other applicable government agency. Grantee shall provide a procedure for undergrounding taps and pedestals, the cost of which the Subscriber will bear, and relocating the taps and pedestals within the technical constraints of the Cable System. § 1896 USE OF POLES. Grantee shall be authorized to utilize existing poles, conduit, and other facilities of a public utility, but shall not be authorized to construct or install any new, different, or additional poles in any City streets without prior written approval by the City. § 1897 CONSTRUCTION STANDARDS. Grantee shall install and maintain its wires, cables, fixtures, and other equipment in accordance with applicable California Public Utilities Commission pole attachment standards, electrical codes and industry standards of the Cable television industry generally applicable to the type of Cable System which Grantee has constructed, owns or operates any applicable pole agreements, and all Franchise Agreement requirements. Grantee shall adhere to all building and zoning regulations currently in force or hereafter enacted. Grantee shall repair and restore any cuts and/or trenching in the roadway or sidewalks to City standards. Grantee shall locate and maintain its lines, cables, and other appurtenances, on public property, in such a manner as to cause no unreasonable interference with the use of such public property by any Person. § 1898 APPROVALS. The City Engineer shall approve the location and method of construction of all underground facilities and equipment located on Public Right-of-Ways (including any above-grade portion of such facilities and equipment). The City Engineer shall also approve the location and installation of all new aerial facilities consistent with Public Utilities Commission, General Order 95. All construction shall be subject to City permit and inspection fees as may be required by other applicable laws or regulations. § 1899 SUBMISSION OF DRAWINGS. Grantee shall file with the City "as-built" drawings of the entire Cable System. Additionally, within 30 days after completion of any material modification of the Cable System (e.g., a system rebuild or Distribution Facility replacement), Grantee shall file "as-built" drawings of the modified Cable System. The City may require that the "as- built" drawings be submitted in an electronic format specified by the City. § 1900 RELOCATION OF FACILITIES AND EQUIPMENT. (A) Grantee shall remove or relocate at its sole cost any facilities installed, used or maintained in connection with the Franchise if and when such removal or 737846.1 24 relocation is made necessary by any project. For purposes of this section, the word 'project' means any change of grade, alignment or width of any public street, way, alley or place, including but not limited to, the construction of any subway or viaduct, that the City may initiate, either by or through itself or any redevelopment agency, community facility district, assessment district, undergrounding district, reimbursement agreement or generally applicable impact fee program. (B) In the event that such removal or relocation is required, Grantee shall commence physical fieldwork on the removal or relocation on or before 120 days after written notice of such requirement is provided by the City Manager. If, despite its reasonable efforts, Grantee is unable to commence removal or relocation within such period, Grantee shall provide the City Manager with written notice explaining in detail the reasons for the delay and a date certain upon which such removal or relocation is expected to commence. Grantee shall diligently proceed and promptly complete all such removal or relocation after it is commenced. § 1901 MAINTENANCE. Should Grantee fail, refuse or neglect to properly perform any maintenance or construction work required by the Franchise following due notice from the City and a reasonable opportunity to cure as provided for under this chapter, or should Grantee fail to commence performance of such work within the required period of time, or fail to diligently proceed and promptly complete such work thereafter, the City Manager may, upon five days prior written notice to Grantee (except in cases of emergency), cause such work or other act to be completed in whole or in part by the City forces or others, and upon so doing shall submit to Grantee an itemized statement of the costs thereof. Grantee shall pay to the City the entire amount due, without offset or deduction, within thirty (3 0) days from the date of such statement. MINIMUM CUSTOMER SERVICE STANDARDS § 1902 SUBSCRIBER SERVICE STANDARDS. Grantee shall comply with the FCC customer service standards set forth at Section 76.309 of Title 47 of the Code of Federal Regulations, and such additional standards that may be imposed by ordinance or the Franchise Agreement, and each of the following requirements: (A) The Grantee shall maintain a local, toll-free or collect call telephone access line ("Access Line") which will be available to its Subscribers 24-hours a day, seven-days a week; (B) Trained, knowledgeable and qualified customer service representatives will be available to respond to customer telephone inquiries during normal business hours. Normal business hours shall be a minimum of 59 hours weekly, from 7:00 a.m. to 6:00 p.m., Monday through Friday, and at least four additional hours one evening per week or on Saturdays (or such other times as are approved in writing by the City Manager); 737846.1 25 (C) During non-business hours, the Access Line may be answered by a service or an automated response system, including an answering machine. Inquiries received during such hours must be responded to by a trained company representative during the next business day; (D) A business and service office located within the City shall be open Monday through Friday from 7:00 a.m. to 6:00 p.m., and adequately staffed to accept Subscriber payments and respond to service requests and complaints. Additionally, Grantee will staff the business and service office at least four additional hours one evening per week or on Saturdays. Other locations and hours are permissible if approved in writing by the City Manager; (E) Telephone answer time by Grantee's customer service representatives, including waiting time, shall not exceed 30 seconds at~er a connection is made, and a busy signal shall not be obtained more than three percent of the time. If the call needs to be transferred, transfer time shall not exceed 30 seconds. These standards shall be met no less than 90% of the time under Normal Operating Conditions, measured on a quarterly basis. (F) Grantee shall provide and maintain an emergency system maintenance and repair staff, capable of responding to and repairing major system malfunctions on a 24- hour basis; (G) Grantee shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Scheduled interruptions insofar as possible, shall be preceded by notice and shall occur during periods of minimum use of the system, preferably between midnight and 6:00 a.m.; (H) Under Normal Operating Conditions, Grantee shall respond to the following Subscriber complaints or requests for service, within the time frame specified below, no less than 95% of the time (measured on a quarterly basis): (1) System Outages: Within two (2) hours, including weekend days, of receiving Subscriber calls reporting a System outage which, by number of calls, identify a Cable System outage of sound or picture of one (1) or more channels, or a loss of any other Cable Service, affecting five (5%) percent or more of the Subscribers of the Cable System. (2) Service interruptions: within 24 hours, excluding Sundays and holidays, atrer the interruption becomes known. (3) Inferior reception quality: within 48 hours after receiving a request for service identifying a problem concerning picture or sound quality. (I) Grantee shall be deemed to have responded to a request for service under the provisions of this section when a technician arrives at the service location, if necessary, or otherwise begins work on the problem. In the case of a Subscriber not 737846.1 26 being home when the technician arrives, response shall be deemed to have taken place if the technician leaves written notification of arrival. (J) The appointment window alternatives for installations, service calls, and other installation activities offered to a Subscriber will be either a specific time or, at a maximum, a four (4) hour time block during normal business hours. A Grantee may schedule service calls and other installation activities outside of normal business hours or outside the parameters of response time outlined above for the express convenience of the Subscriber. Further, the following additional requirements shall apply to service appointments: (1) A Grantee shall, in accordance with Section 1722 (b) of the California Civil Code, inform Subscribers of their right to service connection or repair within a four (4) hour period, if the presence of the Subscriber is required, by offering the four (4) hour period at the time the Subscriber calls for service connection or repair. Grantee also agrees to notify all Subscribers by mail of their rights under Section 1722(b) at least annually during each year of the Franchise. (2) If the service connection or repair is not commenced within the specified four-hour period, except for delays caused by unforeseen or unavoidable occurrences beyond the control of a Grantee, the Subscriber shall receive one month of free service at the service level subscribed to by the affected Subscriber. (K) Standard installations will be performed within seven (7) business days after an order has been placed. Standard installations are those that are located up to one hundred fifty (150) feet from the existing distribution system. (1) If the Grantee cannot perform the standard installation within seven (7) business days of request by a Subscriber, the Subscriber shall receive one month of free service at the service tier subscribed to by the affected Subscriber. (2) In the event that any services to any Subscriber are interrupted for forty-eight or more hours in any seven-day period, except for acts of God or other circumstances beyond Grantee's control and outside the Cable System, and except in circumstances for which the prior approval of the interruption is obtained from the City Manager, Grantee shall provide a twenty percent rebate of the monthly fees to affected Subscribers. (L) Grantee shall have equipment and perform surveys to measure compliance with the telephone answering standards set forth in this section. The results of the surveys shall be submitted to the City quarterly. After one year of submitting telephone- answering surveys to the City, Grantee may request that it be relieved of the requirement of submitting such surveys. The City Manager may relieve Grantee of the survey requirement if he or she finds, based on the surveys and the level of customer complaints, that Grantee is in full compliance with telephone answering standards. City reserves the right to reinstitute the survey reporting requirement if the City receives three complaints 737846.1 27 in any twelve-month period of Grantee failing to meet these telephone answering standards. § 1903 IDENTIFICATION REQUIRED. All personnel, agents and representatives of Grantee who have contact with Subscribers and/or the public, including subcontractors, shall wear photo identification badges. Upon request by the City, Grantee shall provide a list of current employees, contractors, and subcontractors performing work in the City. § 1904 NOTIFICATION TO SUBSCRIBERS. Grantee shall provide written information on each of the following areas at the time of installation of service, and at least annually, to all Subscribers and at any time upon request by any resident of the City: (A) Products and services offered; (B) Prices and options for programming services and conditions of subscription to programming and other services; (C) Installation and service maintenance policies; (D) Instructions on how to use the Cable Service; (E) Cable channel positions and identification; (F) Customer service telephone number and office hours; (G) Billing and complaint procedures, including how to resolve Subscriber billing disputes; (H) Credit procedures; (I) Employee identifications; (J) Service call response time scheduling; (K) Time allowed to pay outstanding bills; (L) Grounds for termination of service; (M) Steps Grantee must take before disconnecting or terminating service, and the steps necessary to have service reconnected after involuntary termination; (N) The Subscriber's right to speak with a supervisor and, if none is then available, that a supervisor shall return the Subscriber's call within one working day; 737846.1 28 (O) The appropriate regulatory authority with whom to register a complaint, including any rate complaint, and how to contact such authority. (P) Instructions on the channel compatibility problems that occur when using a set-top channel converter to view scrambled or encrypted programming, including that Subscribers may not be able to use special features and functions of their TV receivers and videocassette recorders. (Q) Instructions regarding the availability of remote control equipment from other sources, such as retail outlets, and a list of the models of remote control units currently available from retailers that are compatible with Grantee's converters. § 1905 VERIFICATION OF SUBSCRIBER SERVICE STANDARDS. (A) Grantee shall demonstrate compliance within the City with all of the standards contained in (or referenced by) § 1902 by providing quarterly customer service reports to the City. The reports shall provide the following information: (1) department. Volume of telephone calls received by the customer service (2) Percentage of time trunk lines were busy, and the abandonment rate. (3) Average time to complete out-of-service calls, and all other service calls. (4) Average time to complete new installations. (5) Detailed customer complaint and outage reports. (B) Grantee shall maintain a written log or an equivalent stored in computer memory and capable of access and reproduction, for three years indicating the time and date of all Service Interruptions, requests for Cable Service or repairs, and responses to request for Cable Service or repairs. § 1906 SUBSCRIBER COMPLAINTS. (A) Grantee's complaint handling procedures shall be designed to accomplish the following: (1) Receive and acknowledge any complaint made in person or by telephone within fifteen minutes, regardless of the time the complaint is made. (2) Acknowledge any complaint received by mail within three business day of the date such complaint is received. 737846.1 29 (3) Complaints not resolved within twenty-four hours of receipt shall be listed in a log of"Delayed Action on Complaints" which shall give the detailed reasons for non-resolution within the twenty-four-hour period. (4) Provide the complainant access to the Grantee's management or supervisory personnel on a basis convenient to the complainant in the event resolution is not immediately obtained by Grantee's personnel normally assigned to handling complaints. (5) Provide complete information to the complainant regarding his or her ability to take the complaint to the grantor's representative if it is not resolved by the Grantee. (B) Grantee shall establish procedures for receiving, acting upon and resolving Subscriber complaints.and shall submit such procedures to the City Manager for review and approval. The Grantee shall furnish a notice of such procedures to each Subscriber at the time of initial subscription to the system. (C) Grantee shall maintain a written record, or "log" listing date and time of customer complaints, identifying the Subscriber and describing the nature of the complaints and when and what action was taken by the Grantee in response thereto; such record shall be kept at Grantee's local office, reflecting the operations to date for a period of at least three years, and shall be available for inspection during regular business hours without further notice or demand by the City Manager. (D) As Subscribers are connected or reconnected to the Cable System, the Grantee shall, by appropriate means such as a card or brochure, furnish information concerning the procedures for making inquiries or complaints, including the name, address and local telephone number of Grantee's employee or agent to whom such inquiries or complaints are to be addressed and furnish information concerning the City office responsible for administration of the Franchise with the address and telephone number of the office. (E) Grantee shall provide written notice to each Subscriber at intervals not to exceed one year of the procedure for reporting and resolving Subscriber complaints, including the Subscriber's right to complain in writing to the City of Grantee's failure to resolve a service complaint. The proper address of the City and Grantee to which complaints may be directed shall be included in said notice. § 1907 COMPATIBILITY WITH CONSUMER ELECTRONICS EQUIPMENT. (A) The Grantee shall not scramble or otherwise encrypt signals carried on the basic service tier. Requests for waivers of this prohibition must demonstrate either a substantial problem with then of basic tier service or a strong need to scramble basic signals for other reasons. (B) The Grantee shall comply with equipment compatibility rules and commercial availability of navigation equipment rules of the FCC. 737846.1 30 (C) The Grantee shall offer Subscribers the option to receive an A/B switch at the time of initial Cable Service installation and shall provide Subscribers with written information as to how to use such a switch. The Grantee may charge a reasonable price for said switch. Upon Subscriber request, the Grantee shall provide an A/B switch after the initial installation of Cable Service. If the Subscriber requests installation of such a switch (to receive broadcast television without Cable hookup), the Grantee may charge reasonable fees for such installation and equipment. RATES § 1908 RATE REGULATION. The City may regulate a Grantee's rates, charges, and prices to the maximum extent permitted by law now or at a future time. (A) Filing of Rates and Charges. Throughout the term of any Franchise Agreement entered into pursuant to this chapter, Grantee shall maintain on file with the City a complete schedule of all rates and charges related to providing Cable Services under the Franchise, in a form satisfactory to the City. (B) Changes in Rates and Charges. Grantee shall provide written notice to the City and Subscribers at least thirty (30) days in advance of any proposed changed s in rates and charges within the control of Grantee. Such notice shall be provided in the Subscriber' s bill. (C) Regulation of Equipment for Hearing-Impaired. To the extent authorized by law, the City reserves the right to require and regulate the installation or rental of equipment which facilitates the reception of Cable Service by hearing impaired individuals. § 1909 BILLING PROCEDURES. Billing procedures shall be as follows: (A) Bills will be clear, concise, and understandable. Bills must be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including: (1) A list of each service or package received for that billing period; (2) The rate or charge for each service or package received; (3) The period of time over which said services are billed; (4) The total charges due for the monthly period, separate from any previous balance due; 737846.1 31 (5) Credits posted during the month; i. Credits for service will be issued no later than the Subscriber's next billing cycle following the determination that a credit is warranted. (6) A specific date by which payment is required; and (7) The customer service telephone number to which billing inquiries or complaints can be directed. (B) A Grantee's first billing statement after a new installation or service change shall be prorated as appropriate and shall reflect any security deposit. (C) A Grantee's billing statement must show a specific payment due date, and no late payment fee may be imposed on a Subscriber earlier than thirty (30) calendar days from the due date on the billing statement. Any balance not received within thirty (30) calendar days of the due date may be assessed a late fee consistent with this Chapter. Any late fee assessed must appear on the following month's billing statement. (D) A Grantee must notify the Subscriber that he or she can remit payment in Person at the Grantee's office located in or near the City and inform the Subscriber of the address of that office. (E) Every customer who pays his or her bill directly shall have at least fifteen (15) days from the date of the bill for services is mailed to pay the listed charges. Customer payments shall be posted promptly. The Grantee shall not terminate any residential service for nonpayment of a delinquent account without fifteen (15) days prior written notice. Such notice shall not be mailed until after the sixteenth (16th) day from the time the bill for services was mailed to the customer. The Grantee may not assess a late charge earlier than the twenty-second (22nd) day from the time the bill for services has been mailed. (F) In case of a billing dispute, the Grantee must respond to a written complaint from a Subscriber within thirty (30) days. (G) At the time of the initial complaint, Grantee shall provide written or verbal notice to customers that in the event of a billing dispute, the Grantee, upon resolution of the dispute when Grantee is at fault, shall waive a late fee. (H) Subscribers shall not be charged a late fee or otherwise penalized for any failure by the Grantee, its employees, or contractors, including failure to timely or correctly bill the Subscriber, or failure to properly credit the Subscribers for a payment made in a timely manner. (I) Every notice of termination of service shall include: name and address of Subscriber whose account is delinquent; the amount of the delinquency; the date by which payment is required in order to avoid termination of service; the telephone number 737846.1 32 of the Grantee for additional information and/or to handle complaints or initiate an investigation concerning service and charges in question. (J) Service may only be terminated on days and at times in which the Subscriber can reach a Customer Service Representative of the Grantee either in Person or by telephone. (K) The Grantee shall afford each Subscriber of the Cable System with a right to rescind the Subscriber's ordering of service within three (3) days after ordering, provided that such right of rescission shall end upon activation of the service ordered. (L) The Grantee will not pass-through Franchise fees to Subscribers which exceed 5.25% of the amount shown on the bill for Cable Services and equipment. (M) The Grantee's late fees shall closely approximate the actual loss suffered as the result of late payments. If the City believes that Grantee's late fee structure is above actual costs, the City shall provide written notice to Grantee. Within 15 days of receipt of that written notice, Grantee shall provide to City sufficient evidence to show its actual costs, and if necessary shall adjust the amount of its late fees accordingly. In no event shall a late fee exceed the maximum amount permissible under California law. (N) Any Franchise Agreement entered into pursuant to this chapter may contain provisions for a discount on basic and Cable programming tiers or any other Cable Services for Persons with specific income and disability qualifications. (O) Grantee will set rates for equipment deposits no higher than the actual replacement value of the equipment for which the deposit is applied. Equipment deposits shall be promptly returned to Subscribers upon the return in good working condition to the Grantee of the equipment for which said deposit was required. § 1910 REFUNDS. (A) Refund checks will be issued promptly, but no later than either: (1) the Subscriber's next billing cycle following resolution of the request or thirty (30) days, whichever is earlier, or (2) in cases involving the return of the equipment supplied by the Grantee if service is terminated for any reason, by the Subscriber's next billing cycle following resolution of the request or thirty (30) days, whichever is earlier. (B) If the Grantee does not mail a check for a refund to any Subscriber disconnecting service with an outstanding credit within the next billing cycle or thirty days, whichever is earlier, the Subscriber may request and is entitled to receive a ten dollar ($10.00) payment. § 1911 NOTICE OF RATE INCREASES. 737846.1 33 Grantee shall provide written notice to the City and Subscribers at least 30 days in advance of the implementation of changes in any of its rates and charges which are not subject to regulation by the City. § 1912 NON-DISCRIMINATION AND CUSTOMER PRIVACY. (A) Service Availability. No Person, firm or corporation in the existing service area of a Grantee shall be arbitrarily refused service; provided, however, that the Grantee shall not be required to provide service to any Subscriber who does not pay the applicable connection fee or monthly service charge hereby authorized. A Grantee shall not deny any Cable Service or otherwise discriminate against Subscribers or others on the basis of race, color, religion, national origin, sex, age or sexual preference. A Grantee shall strictly adhere to the equal employment opportunity requirements of federal, state or local governments and shall comply with all applicable laws and executive and administrative orders relating to non-discrimination. A Grantee may not require the subscription to any tier other than the basic service tier as a condition of access to video programming offered on a per channel or per program basis. A Grantee may not discriminate between Subscribers to the basic service tier and other Subscribers with regard to the rates charged for video programming offered on a per channel or per program basis. A Grantee will abide by all customer privacy requirements of federal and State law. At least annually, a Grantee shall provide notice in the form of a separate, written statement to each Subscriber, which clearly and conspicuously informs the Subscriber of: (i) the nature of personally identifiable information collected or to be collected with respect to the Subscriber and the nature of the use of such information; (ii) the nature, frequency and purpose of any disclosure, which may be made of such information, including the identification of the types of Persons to whom the disclosure may be made~ (iii) the period during which such information will be maintained by the Grantee~ (iv) the times and place at which the Subscriber may have access to such information in accordance with federal and State law~ and (v) the limitations provided in federal and State law with respect to the collection and disclosure of 737846.1 34 information by a Grantee and the right of the Subscriber under law. (B) Data Collection. A Grantee's data collection and dissemination practices regarding Subscribers shall be in compliance with the Cable Act (including Section 631) and this Chapter. (C) Revealing Subscriber Preferences. (i) A Grantee shall not reveal individual Subscriber preferences, viewing habits, beliefs, philosophy, creeds or religious beliefs to any third Person, firm, agency, governmental unit or investigating agency without court authority or prior written consent of the Subscriber. (ii) Such written consent, if given, shall be limited to a period of time not to exceed one (1) year or a term agreed upon by the Grantee and Subscriber. (iii) A Grantee shall not condition the delivery or receipt of Cable Services to any Subscriber on any such consent. (iv) Such a Subscriber may revoke without penalty or cost any consent previously made by delivering to the Grantee in writing a substantial indication of his intent to so revoke. (D) Revealing Subscriber Lists. A Grantee shall not reveal, or sell, or permit the release or sale of its Subscriber list without the prior affirmative written consent of each Subscriber, provided that the Grantee may use its Subscriber list as necessary for the construction, marketing, and maintenance of the Grantee's services and facilities authorized by its Franchise, and the related billing of Subscribers for Cable Services. Consistent with applicable law, City may use Grantee's Subscribers list for the purpose of communication with Subscribers in connection with matters relating to operation, management, and maintenance of the Cable System. (E) Other Persons Affected. This Section shall apply to all of the following as well as to any Grantee: (i) Officers, directors, employees and agents of the Grantee; (ii) General and limited partners of the Grantee; (iii) Any Person or combination of Persons owning holding or Controlling five percent (5%) or more of any corporate stock or other ownership interest of the Grantee; 737846.1 35 (iv) Any affiliated or subsidiary entity owned or Controlled by the Grantee, or in which any officer, director, stockholder, general or limited partner or Person or group of Persons owning, holding or Controlling any ownership interest in the Grantee, shall own, hold or Control five percent (5%) or more of any corporate stock or other ownership interest; (v) Any Person, firm or corporation acting or serving in the capability of holding or Controlling company of the Grantee. § 1913 WRITTEN OR ORAL NOTICE TO ENTER PROPERTY. Under Normal Operating Conditions, Grantee shall provide written or oral notice, in light of circumstances, prior to entering any private property. § 1914 NOTICE REGARDING CHANNEL SCRAMBLING. Subscribers shall be given at least thirty (30) days written notice of any scrambling of a channel, and any de-scrambling of a channel(s) containing R-rated or stronger programming. Subscribers do not need to be notified of blackout periods required of the Grantee by programmers. § 1915 TENANT RIGHTS. It is the City's intent that tenants not be discriminated against in the ability to subscribe to Cable Services. Grantee shall be required to provide service to tenants in individual units of a multiple housing facility with all services offered to other dwelling units within the Franchise Area, so long as the owner of the facility consents in writing, if requested by Grantee, to the following: (A) Grantee's providing the service to units of the facility on such terms and conditions as are reasonable, provided that (i) the owner of the facility shall not seek to charge Grantee any fee or consideration for access to the facility or for the right of providing Cable Service to the dwelling units within the facility, (ii) Grantee shall not seek to charge the owner of the facility any fee or consideration for installing such service other than its actual costs as provided for herein, and (iii) such terms and conditions shall be in compliance with applicable law; (B) Reasonable access to the premises by Grantee for installation, maintenance, and inspection of the system on the premises; (C) Reasonable conditions promulgated by Grantee to protect Grantee's equipment and to encourage widespread use of the system; (D) The owner shall not discriminate in rental charges, or otherwise, between tenants who receive Cable Service and those who do not; and 737846.1 36 (E) The owner shall provide all easements, rights-of-way, and other rights of access deemed reasonably necessary or appropriate by Grantee for purposes of providing Cable television service to the facility. § 1916 CONTINUITY OF SERVICE MANDATORY. (A) Subscribers shall have the right to continue to receive service so long as their financial and other obligations to Grantee are honored. Grantee shall at all times, and under all conditions, to the greatest extent economically and technically possible, maintain continuity of service. In the event of an assignment of the Cable System, the assignor shall cooperate with the City and the assignee in order to maintain continuity of service to all Subscribers. (B) In the event Grantee willfully fails to operate the Cable System for a period of five consecutive days without prior approval of the City, the City may, in its sole discretion, elect to operate the Cable System or designate an operator until Grantee restores service under conditions acceptable to the City, or until the City selects a permanent operator. During the entire period while the City operates the Cable System on behalf of Grantee, or causes another party to do so, the City shall be entitled to collect any and all revenues from the operation of the Cable System, and Grantee shall reimburse the City for all reasonable costs or damages in excess of the revenues collected by the City that are caused by Grantee's failure to perform. OPEN VIDEO SYSTEMS § 1917 APPLICABILITY. The provisions of this chapter apply to an Open Video System Operator that intends to deliver video programming to consumers in the City over an Open Video System. § 1918 APPLICATION REQUIRED. A. Before commencing the delivery of video programming services to consumers in the City over an Open Video System, the Open Video System Operator must file an application with the City. That application must include or be accompanied by the following, as applicable: The identity of the applicant, including all Affiliates of the Applicant. 2. Copies of FCC Form 1275, all "Notices of Intent" filed under 47 CFR § 76.1503(b)(1), and the Order of the FCC, all of which relate to certification of the applicant to operate an Open Video System in accordance with Section 653(a)(1) of the Communications Act and the FCC's rules. 3. The area or areas of the City that the applicant desires to serve. 737846.1 37 4. A description of the Open Video System services that will be offered by the applicant over its existing or proposed facilities. 5. A description of the transmission medium that will be used by the applicant to deliver the Open Video System services. 6. Information in sufficient detail to establish the applicant's technical qualifications, experience, and expertise regarding the ownership and operation of the Open Video System described in the application. 7. Financial statements prepared in accordance with generally accepted accounting principles that demonstrate the applicant's financial ability to: a. Construct, operate, maintain and remove any new physical plant that is proposed to be constructed in the City. b. Comply with the City's Public, Educational, and Government Access Channel requirements as specified below in Section 1920 B(4). c. ComPly with the City's requirement that gross revenue fees be paid in the sum of 5 percent (5%), as specified below in Section 1920 (B)(2). 8. An accurate map showing the location of any existing telecommunications facilities in the City that the applicant intends to use, to purchase, or to lease. 9. If the applicant's operation of the Open Video System will require the construction of new physical plant in the City, the following additional information must be provided: a. A preliminary construction schedule and completion dates. b. Preliminary engineering plans, specifications, and a network map of any new facilities to be constructed in the City, in sufficient detail to identify: proposed facilities. (i) The location and route requested for the applicant's (ii) The locations, if any, for interconnection with the facilities of other telecommunications service providers. (iii) The specific structures, improvements, facilities, and obstructions, if any, that the applicant proposes to remove or relocate on a temporary or permanent basis. 737846.1 38 c. The applicant's statement that, in constructing any new physical plant, the applicant will comply with all applicable ordinances, rules, and regulations of the City, including the payment of all required permit and processing fees. 10. The information and documentation that is required to be submitted to the City by a Video Provider, as specified below in paragraph (B) of Section 1922. Manager. 12. of the City Council. Such additional information as may be requested by the City A nonrefundable filing fee in an amount established by resolution B. If any item of information specified above in paragraph (A) is determined under paramount federal or state law to be unlawful, the City Manager is authorized to waive the requirement that such information be included in the application. § 1919 REVIEW OF APPLICATION. Within 30 days after receipt of an application filed under Section 1918 that is deemed to be complete, the City Manager will give written notice to the applicant of the City's intent to negotiate an agreement setting forth the terms and conditions under which the operation of the proposed Open Video System will be authorized by the City. The commencement of those negotiations will be on a date that is mutually acceptable to the City and to the applicant. § 1920 AGREEMENT REQUIRED. A. No video programming services may be provided in the City by an Open Video System operator unless the operator and the City have executed a written agreement, which may be designated as a Franchise, setting forth the terms and conditions under which the operation of the proposed Open Video System will be authorized by the City. B. The agreement between the City and the Open Video System operator may contain terms and conditions that relate to the following subject matters, to the extent that such terms, conditions, and subject matters are not preempted by federal statute or regulations: 1. The nature, scope, and duration of the agreement, including provisions for its renewal or extension. 2. The obligation of the Open Video System operator to pay to the City, at specified times, fees on the gross revenue received by the operator, as authorized by 47 CFR § 76.1511, in accordance with the following standards and procedures: 737846.1 39 a. The amount of the fees on the gross revenue will be five percent (5%), and will be paid in lieu of the Franchise fees authorized under Section 622 of the Communications Act. b. The term "OVS Gross Revenue" means (i) all gross revenue received by an Open Video System operator or its Affiliates, including all revenue received from Subscribers and all carriage revenue received from unaffiliated video programming providers; and (ii) all advertising revenue received by the operator or its Affiliates in connection with the provision of video programming, where such revenue is included in the calculation of the cable Franchise fee paid to the City by the Franchised cable operator. The term "OVS Gross Revenue" does not include revenue, such as Subscriber or advertising revenue, collected by unaffiliated video programming providers. 3. The obligation of the Open Video System operator to comply with requirements relating to information collection and recordkeeping, accounting procedures, reporting, periodic audits, and inspection of records in order to ensure the accuracy of the fees on the OVS Gross Revenue that are required to be paid as specified above in paragraph (B)(2). 4. The obligation of the Open Video System operator to meet the City's requirements with respect to Public, Educational, and GovernmentalAccess Channel capacity, services, facilities, and equipment, as provided for in 47 CFR § 76.1505. In this regard, the following standards and procedures are applicable: a. The Open Video System operator is subject to the same Public, Educational, and Governmental Access Channel requirements that apply within the cable television Franchise service area with which its system overlaps. b. The Open Video System operator must ensure that all Subscribers receive all Public, Educational, and Government Access Channels within the Franchise service area in which the City's Subscribers are located. c. The Open Video System operator may negotiate with the City to establish the operator's obligations with respect to Public, Educational, and Government Access Channel capacity, services, facilities, and equipment. These negotiations may include the City's Franchised cable operator if the City, the Open Video System operator, and the Franchised cable operator so desire. d. If the Open Video System operator and the City are unable to reach an agreement regarding the operator's obligations with respect to Public, Educational, and Government Access channel capacity, services, facilities, and equipment within the City's jurisdiction, then the following obligations will be imposed: 737846.1 40 (i) The Open Video System operator must satisfy the same Public, Educational, and Government Access Channel obligations as the City's Franchised cable operator by providing the same amount of channel capacity for public, educational, and governmental access and by matching the City's Franchised cable operator's annual financial contributions in support of Public, Educational, and Government Access services, facilities, and equipment that are actually used by the City. For in-kind contributions, such as cameras or production studios, the Open Video System operator may satisfy its statutory obligation by negotiating mutually agreeable terms with the City's Franchised cable operator, so that public, educational, and governmental access services to the City are improved or increased. If such terms cannot be agreed upon, the Open Video System operator must pay to the City the monetary equivalent of the Franchised cable operator's depreciated in-kind contribution, or, in the case of facilities, the annual amortization value. Any matching contributions provided by the Open Video System operator must be used to fund activities arising under Section 611 of the Communications Act. (ii) The City will impose upon the Open Video System operator the same rules and procedures that it imposes upon the Franchised cable operator with regard to the Open Video System operator's use of channel capacity designated for Public, Educational, and Government Access Channel use when that capacity is not being used for such purposes. e. The City's Franchised cable operator is required under federal law to permit the Open Video System operator to connect with its Public, Educational, and Government Access Channel feeds. The Open Video System operator and the Franchised cable operator may decide how to accomplish this connection, taking into consideration the physical and technical characteristics of the cable and the Open Video Systems involved. If the Franchised cable operator and the Open Video System operator cannot agree on how to accomplish the connection, the City has the right to decide. The City may require that the connection occur on City-owned property or on Public Rights-of-Way. f. All costs of connection to the Franchised cable operator's Public, Educational, and Government Access Channel feed must be borne by the Open Video System operator. These costs will be counted towards the Open Video System operator's matching financial contributions set forth above in subparagraph (d)(i). g. The City will not impose upon the Open Video System operator any Public, Educational, or Government Access Channel obligations that are greater than those imposed upon the Franchised cable operator. h. If there is no existing Franchised cable operator, the provisions of 47 CFR § 76.1505(d)(6) will be applicable in determining the obligations of the Open Video System operator. 737846.1 41 i. The Open Video System operator must adjust its system to comply with new Public, Education, and Access Channel obligations imposed on the City's Franchised cable operator following a renewal of the cable television Franchise; provided, however, that the Open Video System operator will not be required to displace other programmers using its Open Video System to accommodate Public, Educational, and Government Access Channels. The Open Video System operator must comply with such new Public, Educational, and Government Access Channel obligations whenever additional capacity is or becomes available, whether it is due to increased channel capacity or to decreased demand for channel capacity. 5. If the City and the Open Video System operator cannot agree on the application of the FCC's rules regarding the Open Video System operator's obligations to provide Public, Educational, and Government Access Channel under the provisions of subsection (4) set forth above, then either party may file a complaint with the FCC in accordance with the dispute resolution procedures set forth in 47 CFR § 76.1514. No agreement will be executed by the City until the dispute has been finally resolved. 6. If the Open Video System operator intends to maintain an institutional network, as defined in Section 61 l(f) of the Communications Act, the City will require that Educational and Government Access Channels be designated on that institutional network to the same extent that those channels are designated on the institutional network of the City's Franchised cable operator. In addition, to the extent authorized by federal law, the Open Video System operator may be required by the City to satisfy the same financial obligations and other requirements that are imposed upon the Franchised cable operator to support data-transmission and related services that are provided by the institutional network. 7. The authority of an Open Video System provider to exercise editorial control over any Public, Educational, or Government use of channel capacity will be restricted in accordance with the provisions of 47 CFR § 76.1505(0. 8. The obligation of the Open Video System operator to comply with all applicable federal, state, and local statutes, ordinances, and regulations relating to customer service standards, including the Cable Television and Video Customer Service and Information Act (Government Code §§ 53054, et seq.), the Video Customer Service Act (Government Code §§ 53088, et seq.), and Section 18.04.050 of Chapter 18.04 of this title. 9. If a new physical plant is proposed to be constructed within the City, the obligation of the Open Video System operator to comply with the following rights-of-way use and management responsibilities that are also imposed by the City upon other telecommunications service providers in a nondiscriminatory and competitively neutral manner: 737846.1 42 a. Compliance with all applicable City codes, including applications for excavation, encroachment, and construction permits and the payment of all required permit and inspection fees. b. The coordination of construction activities. c. Compliance with established standards and procedures for constructing lines across private property. d. Compliance with all applicable insurance and indemnification requirements. e. The repair and resurfacing of construction-damaged streets. f. Compliance with all public safety requirements that are applicable to telecommunications service providers using public property or Public Rights-of-Way. 10. Acts or omissions constituting breaches or defaults of the agreement, and the applicable penalties, liquidated damages, and other remedies, including fines or the suspension, revocation, or termination of the agreement. Requirements relating to the sale, assignment, or transfer of the Open Video System. 12. Requirements relating to the Open Video System operator's compliance with and implementation of state and federal laws, rules, and regulations pertaining to the operation of the Open Video System. 13. Such additional requirements, conditions, terms, policies, and procedures as may be mutually agreed upon by the City and the Open Video System operator and that will, in the judgment of the City Council, best serve the public interest and protect the public health, welfare, and safety. OTHER VIDEO AND TELECOMMUNICATIONS SERVICES AND SYSTEMS § 1921 OTHER MULTICHANNEL VIDEO PROGRAMMING DISTRIBUTORS. A. The term "Cable System," does not include a facility that serves Subscribers without using any Public Rights-of-Way. Consequently, the categories of Multichannel Video Programming Distributors identified below are not deemed to be "Cable Systems" and are therefore exempt from the City's Franchise requirements and from certain other local regulatory provisions authorized by federal law, provided that 737846.1 43 their distribution or transmission facilities do not involve the use of the City's Public Rights-of-Way. B. Multichannel multipoint distribution service ("MMDS"), also known as "wireless cable," which typically involves the transmission by an FCC-licensed operator of numerous broadcast stations from a central location using line-of-sight technology. C. Local multipoint distribution service ("LMDS"), another form of over-the-air wireless video service for which licenses are auctioned by the FCC, and which offers video programming, telephone, and data networking services. D. Direct broadcast satellite ("DBS"), also referred to as "direct-to- home satellite services," which involves the distribution or broadcasting of programming or services by satellite directly to the Subscriber's premises without the use of ground receiving or distribution equipment, except at the Subscriber's premises or in the uplink process to the satellite. Local regulation of direct-to-home satellite services is further proscribed by the following federal statutory provisions: 1. 47 U.S.C. § 303(v) confers upon the FCC exclusive jurisdiction to regulate the provision of direct-to-home satellite services. 2. Section 602 of the Communications Act states that a provider of direct-to-home satellite service is exempt from the collection or remittance, or both, of any tax or fee imposed by any local taxing jurisdiction on direct-to-home satellite service. The terms "tax" and "fee" are defined by federal statute to mean any local sales tax, local use tax, local intangible tax, local income tax, business license tax, utility tax, privilege tax, gross receipts tax, excise tax, Franchise fees, local telecommunications tax, or any other tax, license, or fee that is imposed for the privilege of doing business, regulating, or raising revenue for a local taxing jurisdiction. § 1922 VIDEO PROVIDERS - REGISTRATION; CUSTOMER SERVICE STANDARDS. A. Unless the customer protection and customer service obligations of a Video Provider are specified in a Franchise, with the City, a Video Provider must comply with all applicable provisions of the following state statutes: 1. The Cable Television and Video Customer Service and Information Act (Government Code §§ 53054, et seq.). §§ 53088, et seq.). . The Video Customer Service Act (Government Code B. All Video Providers that are operating in the City on the effective date of this title, or that intend to operate in the City after the effective date of this title, 737846.1 44 and are not required under applicable law to operate under a Franchise, license, lease, or similar written agreement with the City, must register with the City. The registration form must include or be accompanied by the following: numbers. The Video Provider's name, address, and local telephone 2. The names of the officers of the Video Provider. 3. A copy of the Video Provider's written policies and procedures relating to customer service standards and the handling of customer complaints, as required by California Government Code §§ 53054, et seq. These customer service standards must include, without limitation, standards regarding the following: a. Installation, disconnection, service and repair obligations, employee identification, and service call response time and scheduling. b. Customer telephone and office hours. c. Procedures for billing, charges, refunds, and credits. d. Procedures for termination of service. e. Notice of the deletion of a programming service, the changing of channel assignments, or an increase in rates. dispute resolution. Complaint procedures and procedures for bill g. The Video Provider's written acknowledgement of its obligation under California Government Code §53055.1 to provide to new customers a notice describing the customer service standards specified above in subparagraphs (a) through (f) at the time of installation or when service is initiated. The notice must also include, in addition to all of the information described above in subparagraphs (a) through (f), all of the following: (i) A listing of the services offered by the Video Provider that clearly describes all levels of service and the rates for each level of service. (ii) The telephone number or numbers through which customers may subscribe to, change, or terminate service, request customer service, or seek general or billing information. 737846.1 45 (iii) A description of the rights and remedies that the Video Provider may make available to its customers if the Video Provider does not materially meet its customer service standards. h. The Video Provider's written commitment to distribute annually to its employees and customers, and to the City, a notice describing the customer service standards specified above in subparagraphs (a) through (f). This annual notice must include the report of the Video Provider on its performance in meeting its customer service standards, as required by California Government Code § 53055.2. 4. Unless a Video Provider is exempt under federal law from its payment, a registration fee in an amount established by resolution of the City Council to cover the reasonable costs incurred by the City in reviewing and processing the registration form. 5. In addition to the registration fee specified above in subsection (4), the written commitment of the Video Provider to pay to the City, when due, all costs and expenses reasonably incurred by the City in resolving any disputes between the Video Provider and its Subscribers, which dispute resolution is mandated by California Government Code § 53088.2(0). C. The customer service obligations imposed upon Video Providers by the Video Customer Service Act California Government Code §§53088 et seq.) consist of the following: 1. Every Video Provider must render reasonably efficient service, make repairs promptly, and interrupt service only as necessary. 2. All Video Provider personnel contacting Subscribers or potential Subscribers outside the office of the provider must be clearly identified as associated with the Video Provider. 3. At the time of installation, and annually thereafter, all Video Providers must provide to all customers a written notice of the programming offered, the prices for that programming, the provider's installation and customer service policies, and the name, address, and telephone number of the City's office that is designated for receiving complaints. 4. All Video Providers must have knowledgeable, qualified company representatives available to respond to customer telephone inquiries Monday through Friday, excluding holidays, during normal business hours. 5. All Video Providers must provide to customers a toll-free or local telephone number for installation, service, and complaint calls. These calls must be answered promptly by the Video Providers. 737846.1 46 understandable. , All Video Providers must render bills that are accurate and 7. All Video Providers must respond promptly to a complete outage in a customer's service. The response must occur within 24 hours of the reporting of such outage to the provider, except in those situations beyond the reasonable control of the Video Provider. A Video Provider will be deemed to respond to a complete outage when a company representative arrives at the outage location within 24 hours and begins to resolve the problem. 8. All Video Providers must provide a minimum of 30 days' written notice before increasing rates or deleting channels. All Video Providers must make every reasonable effort to submit the notice to the City in advance of the distribution to customers. The 30-day notice is waived if the increases in rates or deletion of channels are outside the control of the Video Provider. In those cases, the Video Provider must make reasonable efforts to provide customers with as much notice as possible. 9. Every Video Provider must allow every residential customer who pays his or her bill directly to the Video Provider at least 15 days from the date the bill for services is mailed to the customer, to pay the listed charges unless otherwise agreed to pursuant to a residential rental agreement establishing tenancy. Customer payments must be posted promptly. No Video Provider may terminate residential service for nonpayment of a delinquent account unless the Video Provider furnishes notice of the delinquency and impending termination at least 15 days prior to the proposed termination. The notice must be mailed, postage prepaid, to the customer to whom the service is billed. Notice must not be mailed until the 16th day after the date the bill for services was mailed to the customer. The notice of delinquency and impending termination may be part of a billing statement. No Video Provider may assess a late fee any earlier than the 22nd day after the bill for service has been mailed. 10. Every notice of termination of service pursuant to the preceding subsection 9 must include all of the following information: account is delinquent. a. The name and address of the customer whose b. The amount of the delinquency. Co avoid termination of service. The date by which payment is required in order to d. The telephone number of a representative of the Video Provider who can provide additional information and handle complaints or initiate an investigation concerning the service and charges in question. 737846.1 47 Service may only be terminated on days in which the customer can reach a representative of the Video Provider either in Person or by telephone. Any service terminated without good cause must be restored without charge for the service restoration. Good cause includes, but is not limited to, failure to pay, payment by check for which there are insufficient funds, then of service, abuse of equipment or system personnel, or other similar Subscriber actions. 12. All Video Providers must issue requested refund checks promptly, but no later than 45 days following the resolution of any dispute, and following the return of the equipment supplied by the Video Provider, if service is terminated. 13. All Video Providers must issue security or customer deposit refund checks promptly, but no later than 45 days following the termination of service, less any deductions permitted by law. 14. Video providers must not disclose the name and address of a Subscriber for commercial gain to be used in mailing lists or for other commercial purposes not reasonably related to the conduct of the businesses of the Video Providers or their Affiliates, unless the Video Providers have provided to the Subscriber a notice, separate or included in any other customer notice, that clearly and conspicuously describes the Subscriber's ability to prohibit the disclosure. Video providers must provide an address and telephone number for a local Subscriber to use without toll charge to prevent disclosure of the Subscriber's name and address. D. As authorized by California Government Code §53088(q), the following schedule of penalties is adopted. These penalties may be imposed for the material breach by a Video Provider of the consumer protection and service standards that are set forth above in paragraph (C), provided that the breach is within the reasonable control of the Video Provider. These penalties are in addition to any other remedies authorized by this chapter or by any other law, and the City has discretion to elect the remedy that it will apply. The imposition of penalties authorized by this paragraph (D) will not prevent the City or any other affected party from exercising any other remedy to the extent permitted by law, including but not limited to any judicial remedy as provided below by subsection (2). 1. Schedule of Penalties. a. For a first material breach: the maximum penalty is $200 for each day of material breach, but not to exceed a cumulative total of $600 for each occurrence of material breach, irrespective of the number of customers affected. b. For a second material breach of the same nature for which a monetary penalty was previously assessed within the preceding 12-month period: the maximum penalty is $400 per day, not to exceed a cumulative total of $1,200 for each occurrence of the material breach, irrespective of the number of customers affected. 737846.1 48 c. For a third or further material breach of the same nature for which a monetary penalty was previously assessed within the preceding 12- month period: the maximum penalty is $1,000 per day, not to exceed a cumulative total of $3,000 for each occurrence of the material breach, irrespective of the number of customers affected. d. For the failure of a Video Provider to distribute the annual notice required by California Government Code 53055.1: the maximum penalty is $500 for each year in which the notice is not distributed as required by state statute. e. The maximum penalties referenced above may be increased by any additional amount authorized by state law. 2. Judicial Remedies Not Affected. The imposition of penalties in accordance with the provisions of subsection (1) above does not preclude any affected party from pursuing any judicial remedy that is available to that party. 3. Administration, Notice, and Appeal. a. The City Manager or the City Manager's designee is authorized to administer this paragraph (D). Decisions by the City Manager to assess penalties against a Video Provider must be in writing and must contain findings supporting the decisions. Decisions by the City Manager are final, unless appealed to the City Council. b. If the Video Provider or any interested Person is aggrieved by a decision of the City Manager, the aggrieved party may, within 10 days of the written decision, appeal that decision in writing to the City Council. The appeal letter must be accompanied by the fee established by the City Council for processing the appeal. The City Council may affirm, modify, or reverse the decision of the City Manager. c. The imposition of monetary penalties under subsection (1) above is subject to the following requirements and limitations: written notice of any alleged material 30 days from receipt of that notice to (i) The City must give the Video Provider breach and must allow the Video Provider at least remedy the breach. (ii) For the purpose of assessing monetary penalties, a material breach will be deemed to have occurred for each day, following the expiration of the period for cure specified in subparagraph (i) above, that the material 737846.1 49 breach has not been remedied by the Video Provider, irrespective of the number of customers affected. § 1923 TELECOMMUNICATIONS SERVICE PROVIDED BY TELEPHONE CORPORATIONS. A. The City Council finds and determines as follows: 1. The federal Telecommunications Act of 1996 preempts and declares invalid all state rules that restrict entry or limit competition in both local and long-distance telephone service. 2. The California Public Utilities Commission ("CPUC") is primarily responsible for the implementation of local telephone competition, and it issues certificates of public convenience and necessity to new entrants that are qualified to provide competitive local telephone exchange services and related telecommunications service, whether using their own facilities or the facilities or services provided by other authorized telephone corporations. 3. Section 234(a) of the California Public Utilities Code defines a "telephone corporation" as "every corporation or person owning, controlling, operating, or managing any telephone line for compensation within this state." 4. Section 616 of the California Public Utilities Code provides that a telephone corporation "may condemn any property necessary for the construction and maintenance of its telephone line." 5. Section 2902 of the California Public Utilities Code authorizes municipal corporations to retain their powers of control to supervise and regulate the relationships between a public utility and the general public in matters affecting the health, convenience, and safety of the general public, including matters such as the use and repair of public streets by any public utility and the location of the poles, wires, mains, or conduits of any public utility on, under, or above any public streets. 6. Section 7901 of the California Public Utilities Code authorizes telephone and telegraph corporations to construct telephone or telegraph lines along and upon any public road or highway, along or across any of the waters or lands within this state, and to erect poles, posts, piers, or abutments for supporting the insulators, wires, and other necessary fixtures of their lines, in such manner and at such points as not to incommode the public use of the road or highway or interrupt the navigation of the waters. 7. Section 7901.1 of the California Public Utilities Code confirms the right of municipalities to exercise reasonable control as to the time, place, and manner in which roads, highways, and waterways are accessed, which control must be applied to all entities in an equivalent manner, and may involve the imposition of fees. 737846.1 50 8. Section 50030 of the California Government Code provides that any permit fee imposed by a city for the placement, installation, repair, or upgrading of telecommunications facilities, such as lines, poles, or antennas, by a telephone corporation that has obtained all required authorizations from the CPUC and the FCC to provide telecommunications services, must not exceed the reasonable costs of providing the service for which the fee is charged, and must not be levied for general revenue purposes. B. In recognition of and in compliance with the statutory authorizations and requirements set forth above in paragraph A, the following regulatory provisions are applicable to a telephone corporation that desires to provide telecommunications service by means of facilities that are proposed to be constructed within the City's Public Rights-of-Way: 1. The telephone corporation must apply for and obtain, as may be applicable, an excavation permit, an encroachment permit, or a building permit ("Ministerial Permit.") 2. In addition to the information required by this Code in connection with an application for a Ministerial Permit, a telephone corporation must submit to the City the following supplemental information: a. A copy of the certificate of public convenience and necessity issued by the CPUC to the applicant, and a copy of the CPUC decision that authorizes the applicant to provide the telecommunications service for which the facilities are proposed to be constructed in the City's Public Rights-of-Way. b. If the applicant has obtained from the CPUC a certificate of public convenience to operate as a "competitive local carrier," the following additional requirements are applicable: (i) As required by Decision No. 95-12-057 of the CPUC, the applicant must establish that it has filed with the City in a timely manner a quarterly report that describes the type of construction and the location of each construction project proposed to be undertaken in the City during the calendar quarter in which the application is filed, which information is sufficient to enable the City to coordinate multiple projects, as may be necessary. (ii) If the applicant's proposed construction project will extend beyond the utility rights-of-way into undisturbed areas or other rights- of-way, the applicant must establish that it has filed a petition with the CPUC to amend its certificate of public convenience and necessity and that the proposed construction project has been subjected to a full-scale environmental analysis by the CPUC, as required by Decision No. 95-12-057 of the CPUC. 737846.1 51 (iii) The applicant must inform the City whether its proposed construction project will be subject to any of the mitigation measures specified in the Negative Declaration ["Competitive Local Carriers (CLCs) Projects for Local Exchange Communication Service throughout California"] or to the Mitigation Monitoring Plan adopted in connection with Decision No. 95-12-057 of the CPUC. The City's issuance of a Ministerial Permit will be conditioned upon the applicant's compliance with all applicable mitigation measures and monitoring requirements imposed by the CPUC upon telephone corporations that are designated as "competitive local carriers." C. In recognition of the fact that numerous excavations in the Public Rights-of-Way diminish the useful life of the surface pavement, and for the purpose of mitigating the adverse impacts of numerous excavations on the quality and longevity of public street maintenance within the City, the following policies and procedures are adopted: 1. The City Manager is directed to ensure that all public utilities, including telephone corporations, comply with all local design, construction, maintenance and safety standards that are contained within, or are related to, a Ministerial Permit that authorizes the construction of facilities within the Public Rights-of-Way. 2. The City Manager is directed to coordinate the construction and installation of facilities by public utilities, including telephone corporations, in order to minimize the number of excavations in the Public Rights-of-Way. In this regard, based upon projected plans for street construction or renovation projects, the City Manager is authorized to establish on a quarterly basis one or more construction time periods or "windows" for the installation of facilities within the Public Rights-of-Way. Telephone corporations and other public utilities that submit applications for Ministerial Permits to construct facilities after a predetermined date may be required to delay such construction until the next quarterly "window" that is established by the City. SECTION 2. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. 737846.1 52 PASSED, APPROVED AND ADOPTED this ,2002. day of BY: 737846.1 53 MENDOCINO CABLE TELEVISION GROUP (MCTG) REVIEW OF PUBLIC NEEDS GOALS OF THE RENEWAL PROCESS: 1) Grant a renewed franchise with Adelphia with adequate support of PEG, including dedicated channels, equipment, and ongoing capita/support. 2) Require adequate capita/ and operating funding through a combination of grants, assessments, and pass-throughs necessary to reasonably upgrade and rep/ace dysfunctional video facilities in each PEG access center and in each governmental legislative chambers. 3) Require fiber to, from, and between PEG access centers and Adelphia's headend for improved program delivery and interconnection between centers. 4) Interconnect with existing fiber networks within Mendocino County in order to further expand public agency data connectivity. 5) Require countywide high- speed access to the Internet with free modems for community access centers and select public users upon request. STATEMENT OF PUBLIC NEEDS Mendocino County along with the Cities of Ft. Bragg, Ukiah, and VVillits (herein referred to as MCTG) have conducted a needs assessment to explore how ^delphia and recent advances in cable television technology can facilitate and improve the delivery of locally produced community programming. This needs assessment is considered necessary by the County and Cities for the following reasons: 1) It is allowed under Section 626 of federal law; !) C~Jrrent public, educational and governm~t~l programming (PEG) facilities and equipment are in dire need of improvement; 3) PEG is widely considered to represent an important community resource; 4) PEG channels can distinguish Adelphia Communications from their satellite competitors by offering a channel solely dedicated to MTCG's local governments, public K-12 schools, and colleges; 5) Community television organizations are important partners in Adelphia's Mendocino County market; .,/"' Mendocino County and Ukiah wish to join the cities of Willits and Ft. Bragg in cablecasting public meetings; and 7) Residents of the jurisdictions participating in this study are underserved by local media outlets most notably television. BACKGROUND: The 15-year cable television franchise, held by Adelphia Communications in the respective jurisdictions, expired in December 2000 but is being extended on a short- term basis by each entity pending these negotiations. The renewal process set forth by the Cable Communications Policy Act of 1984 requires a community needs assessment and review of the cable operator's performance. Since 2000, MTCG staff and their consultants have performed due diligence related to the franchise agreement and studied community needs related to the cable television franchise. Needs_Statement_MCTG 03 24_03.doc Communications Support Group, Inc. © 2003 Page 1 of 13 MENDOCINO CABLE TELEVISION GROUP (MCTG) REVIEW OF PUBLIC NEEDS Since early 2002, for the purposes of projecting current and future cable television needs, MCTG and its consultant have conducted meetings with the following groups: · Mendocino Community College · Municipal users- Cities of Ft. Bragg, Ukiah, and Willits · Mendocino County Department of Information Services · Mendocino County Office of Education · Mendocino Coast Community Educational Television (MCCET) · Willits Community Television Findings related to this effort are as follows: COMMUNITY TELEVISION ORGANIZATION NEEDS MCCET Mendocino Coast Community Educational Access (MCCET) is a Joint Powers Authority of educational and governmental agencies serving western Mendocino County specifically the Coastal area in and around the City of Fort Bragg. Members of MCCET are appointed by their respective agencies and serve indefinitely based on the desire of the agency. MCCET is located at Fort Bragg High School, which provides a small room for playback and editing. MCCET is administered by its Executive Director, Charlene Aumack. MCCET produces programs on Channel 3. Students from the high school help produce some of MCCET's programming. MCCET currently televises City Council meetings, planning commission meetings, hospital board meetings, school board meetings, and Fire Autho~;-:y Board meetings. Studio space is limited and additional space needs to be dedicated or another location chosen if the program is going to succeed (such as John Diedrich Building). Also, signal quality is lacking and inconsistent. MCCET's members believe that improved transmission could be achieved by activating a direct fiber feed from the school to the Adelphia headend at Bald Hill. MCCET would like its programming to be seen on Channel 3 in the hotels MCCET needs operating funds for staffing in the amount of $100,000 per year. Additionally, MCCET needs capital for new equipment, production control equipment in Town Hall, better studio space and improved playback and archival facilities in the following amounts: Town Hall production and audio equipment: MCCET studio at Ft. Bragg High School: Additional Improvements as a secondary phase Further improvements for playback as a third phase: $227,831 $199,485 $182,902 $ 36,294 $646,512 Needs_Statement_MCTG 03 24 03.doc Communications Support Group, Inc. © 2003 Page 2 of 13 MENDOCINO CABLE TELEVISION GROUP (MCTG) REVIEW OF PUBLIC NEEDS See Attachment A for a complete composite of the equipment needs as submitted by MCCET. Also see additional discussion in the Ukiah Valley Community Television section regarding the typical components for Town Hall type facilities. WILLITS COMMUNITY TELEVISION Willits Community Television currently operates out of the former City Hall and covers the immediate Willits area. The City of Willits provides this space rent-free and utility free. The facility is run by volunteers. Willits Community Television maintains a community bulletin board, provides cable access for the Willits City Council Meetings to be cablecast live, and cablecasts tapes provided by community producers. Currently, it produces no other original programming, does not make its equipment available for shooting or editing, and has no studio. It has a need for: Signal Improvement, Playback, Archiving, and Logging, and Interactivity. As for operating and capital needs, Willits Community Television indicates the following needs (see Attachment B for d.~tc, ils): New computer workstation dedicated to the Community Bulletin Board and running Infochannel software $29,200 Cameras to use in studio, switcher, sound mixer and microphones with electronic controls $35,300 Local programming portable production equipment such as Camcorders, triopods, audio $24,600 Editing Gear $36,980 Office equipment and $6,905 · Playback/Cablecasting equipment $9,330 Total capital costs: $142,315 As for timing of its needs, Willits Community Television has determined that it needs $40,000 upfront to get essential equipment for production and playback purchased. Willits Community Television has also estimated a need for annual operating grants of Needs_Statement_MCTG 03 24_03.doc Communications Support Group, Inc. © 2003 Page 3 of 13 MENDOCINO CABLE TELEVISION GROUP (MCTG) REVIEW OF PUBLIC NEEDS $20,000 (assumes continued rent free and utility free operation as provided by the City or College) to cover costs of labor and supplies. We believe that both the capital and operating amounts may need adjustment upwards as the operation matures, especially in the event volunteers labor diminishes and Willits decides to hire part-time labor to fulfill PEG obligations. Additionally, Willits Community Television may consider relocation to another facility sometime in the future. Ukiah Valley Community Television, City Of Ukiah And Mendocino County The Mendocino County Department of Information Services is currently considering its role in establishing guidelines and policies for the operation of a Public Access Television for the Ukiah Valley. The concept be proposed by County Administrators is to have the entity managed by the Department of Information Services and will have a Board of directors made up of members of the community including the Public, Educational institutions and Governmental agencies. The following is an overview of identified PEG needs: Legislative Chambers Prod~._t[on Equipment: As both the City of Ukiah and Mendocino County operate administrative and legislative offices in the inland service area, and given that both governmental bodies have expressed a desire to have their principal meetings cablecasted, Ukiah Valley Community Television places high priority for equipping both the City Council chambers in Ukiah's City Hall and the Board of Supervisor's chambers in the County's Administration Building with cost effective video production equipment. Facilities, similar to one needed in Fort Bragg Town Hall, are required for control of up to four cameras in each facility, digital and tape recording equipment, and graphics. We suggest a package similar to that proposed by MCCET for an integrated audio, video, and cable casting system which creates a fixed cable production unit located adjacent to the Council or Supervisor Chambers which operates via robotic controls and which is connected back to a central switching center for cablecast on to the system. Components to this system should include: · Add additional components to P.A. hardware to improve audio quality and television interface in order to provide level control. · Install wall mounted remote control cameras for better Council and Board coverage and angles. There would only need to be one to two operators in a remote control room. No staff would need to be inside the chambers. For optimum coverage, five cameras are recommended: one behind the dais, one on each sidewall of the facility, and two at the rear of the room. The use of four to five cameras will provide for optimum flexibility and effective meeting coverage. · Integrate with existing video projectors or install new systems where needed, add extra wireless microphones, laser pointer, remote projector controls and easy lighting controls. Needs_Statement_MCTG 03 24 03.doc Communications Support Group, Inc. © 2003 Page 4 of 13 MENDOCINO CABLE TELEVISION GROUP (MCTG) REVIEW OF PUBLIC NEEDS .,, If it were decided that there is potential future use of the chambers as a production studio, then additional improvements would be needed, such as a curtain track for a back drop, additional lighting (grid) for more directional lighting, tripods, camera studio configurations. Additionally, Ukiah Valley Community Television requires the complete outfitting of a studio production facility, three non-linear editing suites, and six portable digital camcorders. The County Information Services Department is in the process o' providing oversiqht, coordinate capital funds, purchases, file storage, and network operations as the mana.qin.q principal of Ukiah Valley Community Television. In total the Inland's group's capital needs total as follows Ukiah Valley Community Television - $746,300 (includes fully equippin.q both Board chambers for live broadcast) Annual operational ana .~.~,ffing costs- $155,000 FIBER CONNECTIVITY Adelphia's General Manager stated in various public and private meetings that Adelphia will provide fiber drops to each facility responsible for live origination of community programming. This would include two strand (ingress & egress) single mode fiber feeds to and from the following buildings: Ft. Bragg Town Hall Ft. Bragg Police Department (City EOC) MCCET studio at Ft. Brag~c High School Mendocino High School Willits City Hall Willits Police Department (City EOC) Willits Community Television Studio Willits High School Mendocino County Museum - VVillits Ukiah City Hall Ukiah High School New Grace Hudson Campus/Cultural Center Mendocino County Office of Education Mendocino Community College County Supervisor Chambers 363 North Main Street 250 Cypress Street 300 Dana 10700 Ford 111 East Commercial 125 E. Commercial 85 E. Commercial 299 N. Main Street 400 E. Commercial 300 Seminary Avenue 1000 Low Gap Road 1600 South State (approx. address) 2240 Eastside Rd. Talmage 1000 Hensley Creek Road 501 Low Gap Rd., Ukiah County Emergency Operations Center 175 South School St., Ukiah (this School St. location is in the process of being reviewed to be moved to Sheriff Operations on Low Gap Road) and is covered for connectivity in the I-Net contract. This is where County Information Services (IS) is located. During the course of this needs assessment, it was discovered that the County's Information Services Department is in the process of entering into a fiber lease contract Needs_Statement_MCTG_O3_24_O3.doc Communications Support Group, Inc. © 2003 Page 5 of 13 MENDOCINO CABLE TELEVISION GROUP (MCTG) REVIEW OF PUBLIC NEEDS with Adelphia that, among other things, would provide dedicated dark fiber within Ukiah for the purposes of connecting a number of public buildings. It is the intention of Adelphia to keep the terms of this specific fiber lease agreement separate from the terms of the franchise agreement, with the understanding that utilizing economies of scale for a fully developed fiber infrastructure will benefit both Adelphia and the PEG entities. However, the draft fiber agreement allows for the County to further sublet fiber capacity to other public agencies or community access centers for the purpose of PEG I-net type connectivity, or add new fiber connectivity at fixed cost rates. In general, we see opportunity for the County to recoup some of its monthly expenses related to the fiber lease for services to other public agencies as follows: · Local Area Networks (LANs), Virtual Private Networks (VPNs) · Added Voice over IP circuits for select and approved users · Email and High speed access to the internet · Teleconferencing (d.,sktop, potentially expandable to central or remote v~deo conference centers) · PEG cablecasting from select buildings · High speed two-way digitally compressed video communications between departments and workstations (or, as in the case of Fire staff training, full motion video teleconferences using either analog or digital capacity) · Digital storage for PEG productions and programming · Central playback coordination · Sheriff surveillan~ at ~?!ected buildings · Interconnections with fiber infrastructure of other agencies FIBER OR COAX CONNECTIVITY TO EMERGENCY OPERATIONS CENTERS: Each respective City and the County operate Emergency Operation Centers. These are often dedicated spaces or rooms in existing administration office buildings. EOC's are activated during periods of local threat and emergency. The FCC has stated in previous rule makings pertaining to Emergency Alert System (EAS) that many local governments should be given both authority and capacity to place emergency messages onto cable television systems. A fiber network similar to the one discussed above, or connectivity through separate dedicated fiber or coax should be achieved for the purpose of providing a transmission link from the EOC to Adelphia's headend or to the related PEG programmer's central control room. It is this consultant's belief that a cable television system is an excellent means for alerting local residents of weather related emergencies, road closures, hazardous materials spills, fires, or other public emergencies. Therefore, it is recommended that additional allowances be made in the renewal agreement for clear stipulations for emergency override capabilities at each jurisdictions emergency operations center. Further, it is the desire of the jurisdictions, to enable both audio messaging and video text crawls on all channels during an emergency. Needs_Statement_MCTG_03 24 03.doc Communications Support Group, Inc. © 2003 Page 6 of 13 MENDOCINO CABLE TELEVISION GROUP (MCTG) REVIEW OF PUBLIC NEEDS EDUCATIONAL NEEDS Education needs were not specifically targeted in this needs assessment. However, participation from certain K-12 districts and one community college district was accomplished through public meetings in Ukiah and at MCCET's meetings. Representatives of Ft. Bragg Unified, Mendocino Unified, Mendocino County Office of Education, and Mendocino College participated and commented at the November 15, 2002 and November 16, 2002 meetings (see minutes of these meetings attached at Attachment C). Representatives from the educational community perceive a blend of video and data related needs: · Educational and informational public safety programming · Coverage of cultural ev,~qts at school campuses · Video Conferencing · Distance Learning MENDOCINO COLLEGE Mendocino College serves approximately 5,600 students. The College operates full service satellite campuses in Willits and Lakeport. The College's Ukiah campus operates a complete computer lab. The College's Willits campus is under renovation at this time. Currently, the College has no ability to broadcast but instead delivers tapes to Adelphia. It is interested in playback at th~. college rather than the current tape delivery system. The College has a need for cultural programming and distance education. It also has a need for fiber. Specifically, the College has identified the following needs: 1. Cable provided to the Ukiah campus, Willits Center and Museum, and Lakeport Centers 2. Broadcast of classes, sporting events, drama productions, speakers, etc from college to subscribers 3. Broadcast to outlying areas such as Covelo The College expresses interest in obtaining resources from the renewal with Adelphia that could be shared with Ukiah Valley Community T.V., such as a van to broadcast college football games or campus sponsored cultural activities. Also discussed was the possibility of some joint effort with Willits Community Television at the College's Willits campus, which presently is being built to house museum, library and community college classrooms. The College also indicated a willingness to set aside space within its Library Media Center for live origination capability. Adelphia's General Manager also Needs_Statement_MCTG 03 24 03.doc Communications Support Group, Inc. © 2003 Page 7 of 13 MENDOCINO CABLE TELEVISION GROUP (MCTG) REVIEW OF PUBLIC NEEDS favors live origination versus the current tape delivery system and aware of and willing to articulate to Adelphia management the public access needs related to the College. There is general concern at the College that limited operating resources prevent it from dedicating labor to any cable related project. However, the College is open to discussing the possibility of making campus IT or Library resources available to the project. However, the College expressed willingness to consider building partnerships and becoming involved in the political process. As for new cable drops on campus, the college has agreed to provide maps to Adelphia plotting the college facilities where additional drops would be helpful. See Attachment D for a survey completed by Mendocino College. K-12 SCHOOL SYSTEMS Ukiah Unified School District is wired for cable in the classrooms and believes that receiving free cable service is a public benefit that should continue to be protected in the new franchise agreement. A live origination drop currently exists at the R.O.P. Studio at Mendocino High Sc;,.cl, however, members of MCCET are of the opinion ti',a[ a fiber feed might better service their origination needs. Fort Bragg High School has an origination site. There are transmission problems there that need to be cleaned up now. One suggestion is to activate a direct fiber feed from the High School to the Adelphia headend at Bald Hill. MCCET is located at the school, which provides a small room for playback and editing and provides students with the opportunity to produce programs. MCCET's needs, which were discussed earlier, include staff, increased studio space, new equipment and improved transmission. OTHER ISSUES RELATED TO MUNICIPAL AND COMMUNITY PROGRAMMING All members of The M~ndocino Telecommunications Group (MTCG) and their respective community access programming providers are encouraged to work together to finalize their respective capital budgets and to formulate operating policies concerning interconnectivity. Accordingly, the following additional tasks are recommended during the negotiations period with Adelphia: · Contemplate methods for coordinated equipment purchasing; · Contemplate coordinated engineering designs for facilities' improvements and equipment installations (such as legislative chambers in Ft. Bragg, Ukiah, Willits, and the County); · Contemplate use of common data networks or related fiber technologies for archival of digital video programming and control of distribution networks; · Establish coordinating bodies for determining needs for interconnectivity between PEG studios and playback stations · Craft policies for content and programming. · Study processes related to security/firewall considerations to protect digital resources from unauthorized tampering. · Pool intellectual and equipment resources where feasible. Needs_Statement_MCTG 03 24 03.doc Communications Support Group, Inc. Page 8 of 13 MENDOCINO CABLE TELEVISION GROUP (MCTG) REVIEW OF PUBLIC NEEDS FUNDING MODELING: By combining the individual needs described above into a single capital allocation over the life of the franchise agreement and a single estimate of annual operating expenses the following grand total numbers arise: Entity and Surrounding County Area Total Capital Over Life of Franchise Annual Operating Allowance Ft. Bragg $ 646,512.00 $ 100,000.00 Willits $ 142,315.00 $ 20,000.00 Ukiah Valley $ 746,300.00 $ 155,000.00 Grand Total All Areas $ 1,535,127.00 $ 275,000.00 At the meeting of November -i5, 2002 in Ukiah a number of spreadsheets were reviewed and commented on regarding possible funding scenarios for PEG operations and capital. The goal of the spreadsheet analysis is to project outcomes of various per subscriber or percentages of gross revenues modeling. The exercise also proved helpful in determining possible renewal outcomes by splitting the County's subscriber bases into three funding groups (Willits and Surrounding County, Ukiah and Surrounding County, and Fort Bragg and Surrounding County. We examined a number of capital funding scenarios (including 1% and 0.75% of gross revenues and the flat fee scenarios: $0.45, $0.50, and $0.55 - (see chart below for a summary). ~.APITAL FUNDING SCENARIOS -~-~-LI~'~ ~nd surrounding UKIAH and surrounding FORT BRAGG and County County surro~ din( Count " ° II ...... ; II ..--,,,.,u,,,.,,,,U With Growth - Assumes 6% Total Total Total Total Total Total growth in revenue per sub 10 Years 15 Years 10 Years 15 Years 10 Years 15 Years and 1.5% growth in 120 months 180 months 120 months 180 months 120 months 180 months subscriber base Projected Average 2,403 2,497 8,023 8,337 5,255 5,461 Subscribers Estimated Avg Monthly $52.46 $61.75 $52.46 $61 75 $52.46 $61.75 Revenue ' EStimated Projected Total $15,127,366 $27,754,155' $50,506,390 $92,665,755 $33,081,276 $60,699,015 Cable Company Revenue *PEG capital (~ .75% of $113,455 $208,156 $378,798 $694,993 $248,110 $455,243 reven u e PEG capital (~ 1% of $151,274 $277,542 $505,064 $926,658 $330,813 $606,990 reven u e FLAT FEE SCENARIOS $0.55 PER SUB PER MONTH $158,598 $247,203 $529,518 $825,363 $346,830 $540,63."' $0.50 PER SUB PER MONTH $144,180 $224,730 $481,380 $750,330 $315,300 +~..91,490 $0.45 PER SUB PER MONTH $129,762 $202,257 $433,242 $675,297 $283,770 $442,341 Needs_Statement_MCTG_O3_24_O3.doc Communications Support Group, Inc. Page 9 of 13 MENDOCINO CABLE TELEVISION GROUP (MCTG) REVIEW OF PUBLIC NEEDS The scenarios of 0.75% of gross revenue and $0.55/subscriber were chosen to study because they have been recently used by Adelphia in franchise negotiations (Chino Hills and Sierra Madre, CA respectively). We are also including a 1% of gross scenario for comparative purposes as this amount is more likely needed to match the needs described within. Details of these various spreadsheets are attached to this report at Attachment E. Additionally, during the course of this study, the County Supervisors considered a concept (similar to the City of Ft. Bragg's) to propose dedicating 20% of the franchise fees collected from Adelphia for local PEG operations. Adelphia, during the next renewal term is likely to generate additional revenues due to the launch of advanced services (digital, Pay per view, etc.). We ran a ten year projection pro-forma analysis using the following assumptions: 6% growth in revenue and 1.5% growth in subscriber penetration. The following charts summarize these pro-forma and compares how a 20% share of the franchise fee compares with a fiat $1.00 per month subscriber pass- through: OPET_~TIN~ FUNDING SCENARIOS WILLITS and Surrounding UKIAH and Surrounding FORT BRAGG and County County Surrounding County Assumes 6% growth in Total Total Total Total Total Total revenue per sub and 1.5% 10 Years 15 Years 10 Years 15 Years 10 Years 15 Years growth in subscriber base 120 months 180 months 120 months 180 months 120 months 180 months Projected Avg. Subscribers 2,403 2,497 8,023 8,337 5,255 5,461 During Term Rev. Generating Units 288,360 449,46¢ 962,760 1,500,660 630,600 982,980 (subs x months) Projected Avg. Monthly $$2.~6 $61.75 $52.46 $61.75 $52.46 $61.75 Revenue Per Subscriber During Term (based on Franchise Fee Audit Records) Total Estimated Cable $15,127,366 $27,754,155 $50,506,39(~ $92,665,755 $33,081,276 $60,699,015 Company Gross Revenue Durin~l Term ~nnualized Franchise Fees $75,637 $92,514 $252,532 $308,886 $165,406 $202,33(~ IAnnual Funds based on $15,127 $18,503 $50,506 $61,777 $33,081 $40,466 1% PERSUB PER MONTH (also equal to 20% of franchise fee) Annual Funds based on $28,836 $29,964 $96,276 $100,044~~ $63,06(] $65,532 $1.00 PER SUB PER MONTH Needs_Statement_MCTG 03 24 03.doc Communications Support Group, Inc. Page 10 of 13 MENDOCINO CABLE TELEVISION GROUP (MCTG) REVIEW OF PUBLIC NEEDS DRAFT RECOMMENDATIONS The following list summarizes our recommendations for new public, educational, and governmental access requirements for a new franchise agreement with Adelphia Communications. · Continue to require at least one channel per jurisdiction now, and up three per jurisdiction upon the completion of Adelphia's countywide upgrade, dedicated exclusively for PEG use. · Establish policies within the franchise agreement that stipulates terms and conditions for use by Adelphia of fallow PEG channels (fallow shall mean channels that are programmed for less than four (4) hours per day for six (6) days per week for a continuous period of not less than twelve (12) consecutive weeks) that are favorable to maintaining control of the channel by the jurisdictions. Such terms shall include rules that the Grantee must follow in returning to the City channels loaned to Adelphia in this regard. · Require PEG channels to be located together in an adjacent block on the lowest priced tier. · Require immediate fiber connectivity between Ft. Bragg High School MCCET studio and Bald Hill to remedy transmission problems. · Require Adelphia to construct and maintain dedicated fiber runs to and from community access centers and Adelphia's headend within one year from the effective date of the franchise agreement. · Require Adelphia to complete necessary equipment installations in order to interconnect access center fiber runs with the fiber network provided by Adelphia to the County pursuant to the Fiber I-Net Lease Agreement dated (pending execution) for the purpose of enabling any access organization to share and/or simulcast the other's programming. · Continue to require Adelphia to provide free cable drops to specific public buildings including, but not limited to: County/City offices and remote facilities, PEG centers, libraries, police substations, fire stations, respective emergency operations dispatch centers, Community Centers, Recreation Buildings, public schools, (e.g. K-12 Districts, Mendocino County Office of Education, Mendocino College, Redwood College). Said list will be developed during the franchise agreement negotiations. When additional drops are needed within school facilities (such as distribution to additional classrooms), an in scenarios where the school hires Adelphia to perform these additional outlets, require Adelphia to provide labor and materials at cost. · Require Adelphia to provide, install, activate and maintain emergency alert capability to permit each jurisdiction, in times of emergency, to override the video and audio portion of all Channels simultaneously and provide character generated messages, no later than the completion of the system rebuild. Such emergency override may be through the use of remote coded access activation devices, and shall be accessible at one or more sites to be mutually agreed upon Needs_Statement_MCTG_03 24 03.doc Communications Support Group, Inc. Page 11 of 13 MENDOCINO CABLE TELEVISION GROUP (MCTG) REVIEW OF PUBLIC NEEDS by the parties. Equipment providing for this emergency override capability will be installed by Grantee at these sites, at no expense to the respective jurisdiction. Require Adelphia to offer the access centers and select City buildings one free modem and related installation for high-speed access to the Internet at no monthly charge. Require Adelphia to run PEG specific channel information on Adelphia's interactive electronic programming guide. Require annual capital grants in the amount of 1% of gross receipts in order to purchase, maintain, and replace PEG equipment as needed for the following purposes: 1. Robotic production equipment for television coverage of meetings at all three City Halls and the County Supervisor Chambers; 2. Digital studio production equipment at specified PEG studio facilities; 3. Digital playback, editing, and portable production equipment; and 4. Office equipment, ;;~;,~in~, 4;poUs, and auaio equip~,'~en~. Require Adelphia to modify its billing system to enable a special surcharge if a franchising authority elects to increase its operating funds through this mechanism (currently ~he jurisdictions are considering a fiat $1.00 per subscriber fee for this purpose). Require- Adel[~..,~;:~ '~:.:.:-~e~t DOCSiS 2.0 System compatibility stai~dsras to comply with 'Open Cable' specifications~. ~ Open Cable is the cable industry's project to facilitate the development of advanced digital devices from multiple suppliers. The net effect is increased consumer choice and ownership of set-top devices or integrated "cable ready" television sets without requiring rental of unwanted cable television company provided equipment in the home, allowing more potential users of cable television. Needs_Statement_MCTG 03 24 03.doc Communications Support Group, Inc. Page 12 of 13 ITEM NO. 9a DATE: July 16, 2003 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION MAKING APPOINTMENTS TO THE PLANNING COMMISSION On May 27, 2003, Michael Correll submitted his resignation from the Planning Commission due to his move out of the City Limits. Mr. Correll's term expires June 30, 2004. On June 30, 2003 the term held by Joe Chiles expired. On May 29, 2003, the City Clerk posted a news release soliciting applicants for these two positions. As of the June 24th deadline, applications were received by the City Clerk's office from Laura Christensen, William D. French, Jr., Kevin Jennings, Lesa McArdle, Robert Palafox, and Jennifer Puser. City Council interviews of the applicants are scheduled from 5:05 to 6:00 p.m. prior to the July 16th meeting. Councilmember Rodin will have the first opportunity to make a nomination for Planning Commission appointment, based on the current rotation process. RECOMMENDED ACTION: Adopt Resolution making two appointments to the Planning Commission; one for a term expiring June 30, 2004 and the other expiring June 30, 2006. ALTERNATIVE COUNCIL POLICY OPTIONS: Direct staff to re-advertise for the vacancy and reschedule appointments accordingly. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Ukiah City Council Marie Ulvila, City Clerk Candace Horsley, City Manager 1. Resolution making appointments to the Planning Commission 2. News Release announcing vacancies 3. Terms of City of Ukiah Boards and Commission 4. Resolution 2001-61: Procedure for Filling Vacancies on City Commissions and Boards 5. Applications for appointment APPROVED: Can~-'~ce Horsley, City M"a~ager ASR:Planning Commission Appointment 2003 ATTACHMENT_~... RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH MAKING APPOINTMENT TO THE PLANNING COMMISSION WHEREAS, on May 27, 2003, Michael Correll submitted his resignation to the Planning Commission, for a term which expires June 30, 2004; and WHEREAS, there is also a vacancy for a term expiring June 30, 2003; and WHEREAS, vacancies were duly advertised with a close of submittals on June 24, 2003, with submitted applications timely received and submitted to Council for consideration; and WHEREAS, the City Council interviewed Planning Commission applicants on July 16, 2OO3. NOW, THEREFORE, BE IT RESOLVED, that the Ukiah City Council approves the nominations submitted per procedures outlined in Resolution No. 2001-61, and does hereby appoint: to fill the unexpired term of office on the Planning Commission to June 30, 2004; and to fill the term of office on the Planning Commission to June 30, 2006. PASSED AND ADOPTED this 16th day of July 2003, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Eric Larson, Mayor Marie Ulvila, City Clerk ATTACHMEIqT_ NEWS RELEASE OPPORTUNITY TO SERVE YOUR COMMUNITY DATE: FOR RELEASE: SUBJECT: CONTACT: May 29, 2003 Immediately Vacancies on City of Ukiah Planning Commission Marie Ulvila, City Clerk, 463-6217 UKIAH, CA.- The City of Ukiah announces that it is currently soliciting applicants to fill two (2) vacancies on the Ukiah Planning Commission. One vacancy is to fill an unexpired term of office that will expire June 30, 2004. The other position is for a three-year term that will expire June 30, 2006. Any qualified individual who would like to make a difference in their community and is interested in serving as a volunteer may apply for this vacancy. Applicants must reside within the City Limits of Ukiah. Applications are located at the reception counter in the administration wing of the Ukiah Civic Center, 300 Seminary Avenue, or call 463-6217 for an application to be mailed, faxed, or emailed to you. The submittal deadline is Tuesday, June 24, 2003 at noon. Applicants will be interviewed and appointments made by the City Council at its first meeting in July. Marie Ulvila, City Clerk C: KUKi/KIAH KPFM KVVNE KOZT KFVVU KZYX KMFB KNTI Ukiah Daily Journal Press Democrat If you have any questions regarding the election process, you may contact City Clerk Marie Ulvila at 463-6217. PR Planning Commission-June 2003 300 SEMINARY AVENUE UKIAH, CA 95482-5400 Phone# 707/463-6200 Fax# 707/463-6204 Web Address: www. cityofukiah.com ATr^CI. IMENT_ ~ TERMS OF CITY OF UKIAH BOARDS AND COMMISSION MEMBERS As of May 21, 2003 *Next City Councilmember to nominate for appointment to this Commission/Board. Airport Commission - 3 year term ** - (Smith*) **Ken Fowler - Chairman Mark Ashiku Michael Whetzel James Mulheren Bill Beard Date of Current Present Term 6/30/01 6/30/04 6/30/01 6~30/04 6/30/01 6/30/04 6/30/01 6/30/04 7/17/02 6/3O/05 ** Two Commissioners may reside within the Sphere of Influence Civil Service Board Albert Beltrami (reappointed by Council 9/6/95) Bill Webster (appointed by employees on 10/25/99) Dan Saylor (appointed by two other members) Cultural Arts Advisory Board - Mayor* Currently Inactive Demolition Permit Review Committee - 2 year term (Larson) Director of Community Development Director of Public Works/City Engineer Building Official Chair of Design Review Committee Mendocino County Historical Society rep,- Judy Pruden (Chairperson) City of Ukiah Resident - William D. French, Jr. 5/15/02 5/15/04 5/15/02 5/15/04 Design Review Board - (Ukiah Redevelol3ment Agency - 3-year term - Commissioner Baldwin*) *Donna Berry, Chairperson 7/18/01 6/30/04 *William P. French, Jr. 7/18/01 6/30/04 *Estok Menton 7/18/01 6/30/04 *Richard Moser 7/18/01 6/30/04 **Marge Boynton Moynahan 7/18/01 6/30/04 Five persons with design experience: four shall reside, or own real property or a business within the City of Ukiah City Limits;*one shall represent the community at large with no ownership or residence requirement. Disaster Council - City of Ukiah Councilmember - Paul Andersen Councilmember- Mari Rodin City Manager - Candace Horsley Police Captain - Chris Dewey Fire Operations Captain ~ City Attorney - David Rapport (no vote) Federal, State and Local Organizations: American Red Cross California Dept. of Forestry Mendocino Emergency Services Authority Mendocino Transit Authority Pacific Bell Pacific Gas and Electric 12/02/98 Second Vice Chair 2000 11/05/97 Ukiah Chamber of Commerce Ukiah Unified School District Ukiah Valley Medical Center Emergency Services Coordinator- Mike Harris Radio Amateur Civic Emergency Services (R.A.C.E.S.) Terms: May 21,2003 Page 1 of 2 TERMS OF CITY OF UKIAH BOARDS AND COMMISSION MEMBERS As of May 21, 2003 Date of Current Present Term Investment Oversight Committee - Public Member 2-year term - (Baldwin*) Roy Smith - City Councilmember Mari Rodin - City Councilmember Candace Horsley - City Manager Gordon Elton - Finance Director Allen Carter - City Treasurer, Chair Monte Hill- Public Member 6/30/02 6/30/04 Library Advisory Commission - City Representative Councilmember- Philip Baldwin Parks, Recreation, and Golf Commission - 3-year term** - (Larson*) Jon Henderson 7/05/98 Shirley Ann Dietrich - Women's Golf Club 7/17/02 **Melody Ann Valles - Public Member 7/17/02 Chamise Cubbison 7/05/01 Robert Beltrami, Interim Chairman 7/05/01 6~3O~O4 6~30/05 6~30~05 6~30/04 6~30/04 **Fredrick Koeppel- Public Member 7/17/02 6/30/05 ** Two Commissioners may reside within the Sphere of Paths, Open Space, and Creeks Commission: (Smith*) Appointment James Connerton 5/21/03 Howell Hawkes 5/21/03 *Dan Holbrook 5/21/03 *Fred Koeppel 5/21/03 William Randolph 5/21/03 ** Two Commissioners may reside within the Sphere of Influence Expires 6~30/05 6~3O/06 6~3O~05 6~30/06 6~30~06 Plannin~ Commission-3 year term - (Rodin*) Appointment Expires James Mulheren, Chairman 7/17/02 6/30/05 Kathieen Edwards, Vice-Chair 7/17/02 6/30/05 Robert Wallen 7/05/01 6/30/04 Traffic Engineerin~ Committee - (Andersen*) Benjamin Kageyama (Public Rep.), Chairman Kevin T. Cotroneo (Public Rep.) Doug Pilant (MTA Rep.) City Manager- Candace Horsley City Engineer- Diana Steele Police Chief - John Williams Planning Director - Charley Stump Superintendent of Public Works - Jim Looney Appointment 10/06/99 11/07/01 11/07/01 Expires Terms: May 21,2003 Page 2 of 2 ATTACHMENT_.~ RESOLUTION NO. 2001-61 RESOLUTION OF THE CITY COUNCIL OF THE cl'rY OF UKIAH AMENDING PROCEDURE FOR FILLING VACANCIES ON CITY COMMISSIONS AND BOARDS. WHEREAS, 1. Ukiah City Code §1151 provides that members of the Planning Commission shall be appointed in accordance with a procedure established by resolution of the City Council; and 2. The City Council adopted a procedure for filling vacancies on the City's boards and commissions, including the Planning Commission; and 3. The City Council has determined that using a uniform procedure will insure fair and consistent treatment of candidates and Councilmembers; 4. The City Council has determined to amend its procedures for appointing commissioners; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts the following amended procedure for filling vacancies on the City's commissions and boards, including the Planning Commission. PROCEDURE FOR FILLING VACANCIES ON COMMISSIONS AND BOARDS The City Council shall fill vacancies on City boards and commissions, using the following procedure. 1. Applicant pool. The City Council shall develop an available pool of candidates for a vacancy by advertising the vacancy at least once in a newspaper of general circulation in Ukiah not less than thirty (30) days prior to the council meeting at which the vacancy is to be filled. The advertisement shall specify a deadline for submitting applications. All completed applications received prior to the deadline shall be included in the pool of available applicants, provided the applicant: a. meets the minimum qualifications for the position as established in the applicable Ukiah City Code section or resolution, establishing the commission or board; and b, participates in a personal interview, if the City Council conducts personal interviews for the position. The City Council has determined that interviews will be conducted for applicants of the Planning Commission, the Parks, Recreation and Golf Commission, and the Airport Commission. An application shall be deemed complete when signed by the applicant. Applications included in an available pool may be used as a source of nominations for a period of one (1) year from the application deadline. 2. Exceptions. The following shall be considered for appointment or reappointment to a commission or board without submitting a written application: a. Incumbents seeking reappointment for an additional term; b. Elected officials seeking appointment in their capacity as elected officials; c. City staff seeking appointment in their capacity as City staff; d. All appointees, except public members, on the Investment Oversight Commission, Traffic Engineering Committee, Cultural Arts Advisory Board and the Disaster Board; e. City Council members, including the Mayor, appointed in their capacity as City Council members; and f. Appointments to the Civil Service Board. Any such exempt applicants shall be considered for appointment, if they submit a written request for consideration within 10 days of the date the appointment is made. 3. Nominations. Each Councilmember, including the Mayor, shall have the right to nominate a candidate from the available pool of candidates. a. The right to place a name before the City Council for consideration shall rotate among the Councilmembers based on seniority with the most senior Councilmember going first. b. The Council shall vote on each nomination as it is made. C. A Councilmember's right to make a nomination shall terminate and the right to nominate candidates shall rotate to the next most senior Councilmember, when a Councilmember's nomination is approved by a majority vote of the Councilmembers present or the Counciimember agrees to pass the nomination to the next most senior Councilmember, whichever occurs first. d. This process for rotating the right to nominate candidates among Councilmembers to fill vacancies shall be followed for each separate commission or board. 1. The City Clerk shall maintain a record of the last Councilmember to make a nomination for each commission or board. 2. When another vacancy must be filled on that commission or board, the next Councilmember in line to make nominations for that commission or board shall make the first nomination to fill the vacancy. PASSED AND ADOPTED this 6th day of June, 2001, by the following roll call vote: AYES: Councilmembers Larson, Smith, Baldwin, and Mayor Ashiku NOES: Councilmember Libby ABSTAIN: None ABSENT: None ATTEST: Marie Uivila, City Clerk ~h~ p-A~shi ku, Mayor UKIAH REDEVELOPMENT AGENCY Regular Meeting of June 18, 2003 The Ukiah Redevelopment Agency met in regular session on June 18, 2003, for which had been legally noticed and posted, at 10:38 p.m. in the Civic Ct Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken Commissioners were present: Commissioners Rodin, Andersen, Chairman Larson. Staff present: Assistant Director DeKn, Elton, Deputy Director Harris, Executive Director Horsley, City Recording Secretary Ulvila. Rapp in, and 2. AUDIENCE COMMENTS ON NON-AGENDA ITl No one came forward to address the Agency. 3. APPEAL PROCESS Chairman Larson reviewed the appeal 4. APPROVAL OF MINUTES 4a. Regular Meeting of May 7, 2003 City Clerk Ulvila advised that the Minutes of May 7th we error. They were approved by pment Agency at :he agenda in :003 meeting. 4. APPROVAL OF MINI 4b. Regular Meetin¢ M/S Smith/Andersen approving presented, carried by unanimous vo of May 21, 2003 as 5. NEW BI 5a. Rect Audited Financial Fin~ Re( advi= overall finar of the Ukiah was continued from the May 21st s distributed to the Commissioners. He "Independent Auditors' Report", states the y, in all material respects, the financial position Agency as of June 30, 2002 is satisfactory and all been accomplished. the imous and file the Ukiah Redevelopment Agency financial June 30, 2002, audited by Davis Hammon & Company, ice vote of the Agency. ISINESS ~n of Resolution allocating Housing Setaside Funds, 2002/03- levelopment Director Harris advised that the Low and Moderate Income H Advisory Committee has completed its review and evaluation of the a for the semi annual Housing Setaside allocation program, and has made its recommendation for funding. Regular City Council Meeting June 18, 2003 Page 1 of 2 The Rural Communities Housing Development Corporation (RCHDC) application is for a $300,000 Iow interest (3% annual), two year deferred loan to assist in purc of property located at the northwest corner of Clara and Orchard to be 3p~ Iow and moderate-income apartment units. The loan would be repa construction loans are secured. The Ford Street Project application $75,00 toward additional costs associated with the Permanent Homeless )0 Ford Street. Subsequent to the Committee meeting, the Housing fund ball new revenue calculations and additional available funding identifi three possible options available to the Agency. authorizing $519,000 for the 2002/2003 Spring Housin( update( revi~ option )n. The Agency discussed the options availab rehabilitation program, and the recommendati~ discussion concerning the Committee's meml the Col of the hou: There was also M/S Andersen/Baldwin adopting Resolution 2~ Funds, 2002/03 Spring with Option #3, to allocate the full and the Emergency amount with and distributed as follows: Reh Project $75,000, and Emerg Commissioners Rodin, ABSTAIN: None. ABSENT: Non{ remainder committed 08,000, RCHDC $2 by the Mayor Housing Setaside applications program The Ford Street II call vote: AYES: rson. NOES: None. 6, COMMISSIONERS' REPORT! None. 7. EX{ REPOR' None. Adj 8. CLO! at Ne, PropE Owner: nder ment Code §54956.8 Conference With Real Property_ 1-02-06 ,pment Agency Horsley : Price, Terms, and Conditions Reconvene 1:31 p.m. MENT no further business., the meeting was adjourned at 11:31 p.m. M~ 'e Ulvila, Recording Secretary Regular City Council Meeting June 18, 2003 Page 2 of 2 APPLICANT INTERVIEW TIME SCHEDULE FOR UKIAH PLANNING COMMISSION Al'l'AOl.~Elql'~ INTERVIEW DATE: JULY 16, 2003 5:05-5:15 WILLIAM D. FRENCH, JR. 756 SOUTH OAK STREET, #V 5:15-5:25 KEVIN JENNINGS 317 HILLVIEW AVENUE 5:25-5:35 LESA MC ARDLE 907 NORTH OAK STREET 5:35-5:45 LAURA CHRISTENSEN 479 NORTH OAK STREET 5:45-5:55 ROBERT PALAFOX 515 NORTH BUSH STREET 5:55-6:05 JENNIFER PUSER 309 JONES STREET 6:05-6:30 City Council - dinner break Commsn: Application Interview Time Schedule CITY OF UKIAH APPLICATION FOR APPOINTMENT PLANNING COMMISSION I am applying for an appointment to the City of Ukiah's Planning Co~ 1. Name ~ [ ~4:~ ~ ~.~ ~.- ' ~ · ,--~,'"~ O, ~C_~',...._) 'C 2. Residence Address ~ ~/-¢-. ~¢, /(.~'~.~Q~:T' Res. Phone Lf~,,~. ,,--f: ~ (_?'-7,' 3. Business Address '"l'h ~ c~ c_.__ Bus. Phone 4. Employer Job Title Employed Since 5. How long have you resided in Ukiah? ?.., L,[~,~ r%years; Mendocino County '---~- (~ years 6. Please list communityoroups or oroanizations y,e,u are affiliated with and indicate any offices held " ¢ -" "- .... ~' " ,, ' '~ -' , - ..... - -_~ ~r- _,-'£ Please answer the following questions on separate sheets of paper and attach. 7. Why are you applying to serve on the City of Ukiah's Planning Commission? 8. What is your understanding of the purpose, role and responsibility of the Planning Commission? 9. What is, or should be the relationship between the City's Planning Commission and the City Council, and between the Commission and Staff?. 10. How do you believe your own skills, experience, expertise and perspective will be beneficial to the work of the Planning Commission? 11. What do you believe is the most important land use related issue presently facing our community? 12. As a member of the Planning Commission, how would you attempt to address this priority issue? 13. In your opinion what type or types of growth, if any, should the City encourage? 14. In your opinion, what type or types of growth should the City discourage? 15. Are there any changes to the City's current planning review process that you would like to see implemented? 16. What kind of ideal community do you envision for Ukiah? Please return this application and attachments to the City Clerk by Noon on Tuesday, June 24, 2003. Thank you~b~-.y~r interest in serving the City of Ukiah. Signature Date **Please check if you would like to have an interview scheduled with the City Council: YES ~' NO City of Ukiah, 300 Seminary Avenue, Ukiah, CA 95482-5400 Forms: Planning Commission Application Revised: 5/30/03 Phone: 463-6217 Fax: 463-6204 Planning Commission Application June 24, 2003 1) William D. French, Jr. 2) 756 S. Oak St. Apt. V 462-4307 3) None 4) Not Employed At This Time 5) I was born and raised in this community and have lived in the City limits for 2 years and 2 months. I have been a resident of the Uldah Valley for 26 of my almost 29 years. 6) I was a member of the Mendocino County Mental Health Board until recently, serving 4 years. I currently sit on a number of committees for the City of Ukiah. These are the Redevelopment Agency Design Review Board, the Demolition Permit Review Committee, and the Housing Plan Update Committee. 7) I love the community I live in. I have seen many changes take place over the years, most for the betterment of this community. I have quite a few ideas about what this community needs to do to preserve it's.traditions and quality of life. I want to be a part of the future of Ukiah and feel that I have a lot to contribute. 8) As I understand it, the Planning Commission makes decisions about the planning of new development within the City limits and either approves or denies plans for such development. The Planning Commission also works with developers to modify projects so that they fit into the needs of the commtmity. The Planning Commission also looks at the design aspects of each project as well as makes recommendations to City Staffon what type of projects it would like to see take place. 9) I believe there needs to be an open, honest relationship between everyone evolved in the planning process. Everyone should work together to accomplish the goals set by this community and be able to set aside personal differences for the betterment of this community. 1 O) I believe that I will bring back to the Planning Commission a sense of importance for the history of our great city. I am an idea person as well as someone who likes to work with others. There are some major opportunities that will be taking place within the next few years to set goals for the furore of our Downtown area and I want to be a part of making sure that it's history is not ignored. I also have ideas for new housing within the City limits and want to be a part of smartly planning the growth of Ukiah. 11) Housing has to be the most important issue facing Ukiah at this moment. There are a number of people that do not want limits set on the number of units that can be built within our valley. I am a realist and understand that we do have some room to grow, but I want to preserve the quality of life we currently have. Along with housing comes traffic. I feel there are some major changes that need to take place within the next few years. I want the opportunity to express my views and work with people to ensure that what is important for the future of Ukiah gets accomplished in a relatively short period of time. 12) I would address the issue of housing by working with City staff and other Commissioners to develop a map of Ukiah showing the areas that a ripe for improvemenL I would also work with people to form a collection of concepts for future housing units. I would work hard at asking the citizens of Ukiah what they feel is needed in the way of housing. I want to be able to show people that what might be a fast fix, is not necessarily the best for the community and that by looking at other housing concepts we can ensure the furore of Ukiah as a great place to live. 13) We need to encourage both housing and industrial growth in Ukiah. We have plenty ofretail space but have a lack of good paying jobs. Bringing in new industry, and expanding the industry that we already have, will be a focus of mine if appointed. I will work hard to show to our citizens that we do not necessarily have to build thousands of new housing units to attract good paying jobs. There is nothing wrong with having people commute to Ukiah fi'om Sonoma County, which would reverse the current trend. I would work hard at introducing new forms of dwellings. I would also work hard at finding solutions to lowering the cost of housing, especially the cost of renting. I would work hard a identifying the areas of our community that are in need to redevelopment and working to get it done. 14) I do not believe that Ukiah needs to develop anymore retail space. Other that filling in the area around Wal- Mart, I think we are overloaded with retail space. I think that instead of working to approve new space, we should be working to consolidated the businesses areas we already have, especially along our main thoroughfares like State and Perkins Street. 15) The only major change I would like to see is in regards to Downtown. I truly feel that we need to focus in on the history of our community and approve only those projects that reflect the quality of the architecture that we have, as well as the quality of those structures we have lost over the years. I feel that only those projects that reconstruct building that have been lost, or restore current structures to their grandest appearance should be approved for our Downtown area. 16) I envision a Uldah that embraces its past while not forgetting about its future. We can be a modem city while at the same time staying a relatively small community that both takes pride in itself and encourages everyone to be the best people they can be. Thank you, William D. French, Jr. Date CITY OF UKIAH APPLICATION FOR APPOINTMENT PLANNING COMMISSION ! am applying for an appointment to the City of Ukiah's Planning 1. Name 2. Residence Address ~::>\"'t 3. Business Address 4. Employer ~Y-~ 5. How long have you resided in Ukiah? Job Title ~0~.5~". ~.~. L{ I~ +' .years; Res. Phone Bus. Phone Employed Since ~-~. Mendocino County I~1,~' years 6. Please list co. mmunity g.[oups or organizations you are affiliated with and indicate any offices held Please answer the following questions on separate sheets of paper and attach. 7. Why are you applying to serve on the City of Ukiah's Planning Commission? 8. What is your understanding of the purpose, role and responsibility of the Planning Commission? 9. What is, or should be the relationship between the City's Planning Commission and the City Council, and between the Commission and Staff?. 10. How do you believe your own skills, experience, expertise and perspective will be beneficial to the work of the Planning Commission? 11. What do you believe is the most important land use related issue presently facing our community? 12. As a member of the Planning Commission, how would you attempt to address this priority issue? 13. In your opinion what type or types of growth, if any, should the City encourage? 14. In your opinion, what type or types of growth should the City discourage? 15. Are there any changes to the City's current planning review process that you would like to see implemented? 16. What kind of ideal community do you envision for Ukiah? Please return this application and attachments to the City Clerk by Noon on Tuesday, June 24, 2003. Thank you for your interest in serving the City of Ukiah. Signature ' - ~J - ' |' Date **Please check if you would like to have an interview scheduled with the City Council: YES ;X. NO City of Ukiah, 300 Seminary Avenue, Ukiah, CA 95482-5400 Forms: Planning Commission Application Revised: 5/30/03 Phone: 463-6217 Fax: 463-6204 7. Why are you applying to serve on the City of Ukiah's Planning Commission? I hope to help the City of Ukiah plan for the future. I believe that growth is an inevitable process for beautiful communities like Ukiah, and that properly planned and guided growth will keep Ukiah a great place to live, work and play for years to come. 8. What is your understanding of the purpose, role and responsibility of the planning Commission? It is my understanding that the five member Planning Commission works on development projects or issues, and provides recommendations, and perhaps opinions to the City Council. 9. What is, or should be the relationship between the City's Planning Commission and the City Council, and between the Commission and Staff?. A) I believe that the relationship between the Planning Commission and City Council should be an open relationship working together for the common good of the entire community, with the Planning Commission providing information and 'input on issues facing the council as they pertain to planning. I also believe that all members of both the Council and Commission need to take into account each members experience, knowledge, and thoughts is providing our community with guidance and leadership. B) I would like to think that the Planning Commission would be able to relay on any city staff members for reasonable help, all the while keeping in mind that theses staff members have other obligations to fulfill within city government, and to the citizens ofUkiah. I personally would not want to overly use any staff members for items or issues that I may be able to solve for myself, or that could be considered frivolous, and a waste of a valuable resource. 10. How do you believe your own skills, experience, expertise and perspective will be beneficial to the work of the Planning Commission. I have lived and worked in Ukiah for my entire life, and for the past 23 years I have worked in the residential housing industry, specifically single family housing. I also have been fortunate enough to receive my general contractors license, which I have had for over 10 years. I currently work for a non-profit housing provider, (Rural Communities Housing Development Corporation) and understand the problems with affordable housing in our area. I have worked with RCHDC's property development specialists in seeking and if the need arises the development of residential lots for single family housing. I believe that I would bring a different perspective, or point of view to the Planning Commission. I firmly believe that Ukiah and it's adjoining neighbors need to work together to keep affordable housing available to our citizens. 11. What do you believe is the most important land use related issue presently facing our community? I believe that there are several issues when the question tums to land use. If Ukiah is to continue grow (controlled growth) and be prosperous the issues of waste water treatment, domestic water supply and affordable property needs to be addressed. Without these three there is no way Ukiah can continue to provide the any sort of insensitive to operate, or operate a new business or live here. I do believe that the mentioned issues will need to be addressed by not only the City of Ukiah, but the entire valley. Both the City of Ukiah and the County of Mendocino need to be working together to answer and address these important issues. With this all being said I would think that the issues of affordable housing and clean industries would be top on my list as far as land use is concerned. 12. As a member of the Planning Commission, how would you attempt to address this priority issue? · I would like to form a working committee with representatives from both the City of Ukiah and Mendocino County to work together in developing a plan for expansion into the underdeveloped areas adjoining the city. Perhaps a tax sharing plan would be appealing to the county for incorporating these areas, this plan would be a win, win for both jurisdictions. And I would also like to develop a plan to work with in the city to rehab some of our local neighborhoods that need some help. This rehab could also include some mixed occupancy, thus encouraging clean small business to stay with in the City limits. 13. In your opinion what type of growth, if any, should the City encourage. I have always be a proponent of controlled growth. By using rational control measures, and realistic guidelines the City of Ukiah should be able to control the inevitable growth that is coming, and I believe that it is coming. Placing higher costs on developments or businesses is not the answer. These higher fees and development costs only hurt the individuals who are barely able to qualify for funding. It is my opinion that the City should be able to work out a beneficial arrangement that would be mutually beneficial for all concerned. I believe that the City would benefit from the increased sales tax generated by new business, and by the increase in revenues provided by employee spending in the local area. If a large retailer is willing to either relocate or build a new business in Ukiah they should be encouraged, and a certain amount of give and take should be expected on both sides of the issue. If the business decides to build or move elsewhere that leaves Ukiah holding nothing but air in their hand. As an example, if either a new business, existing business, or even a housing developer decides to leave and move into an adjoining area of Ukiah, the City is out the sales tax, yet more than likely the City will be providing some form of services to that new business or development. The "Brush Street Triangle" is a perfect example of this scenario. My choices for priority issues are, -Affordable housing, low to moderate density. I would also include multi family in this category, perhaps a mix use for both single family and multi family on the same parcel. -Clean Industry. 14. In your opinion, what types of growth should the City discourage. Saturation of same type business or industries, although I don't know how you could restrict a business from competing against another in the same area. 15. Are there any changes to the City's current planning review process that you would like to see implemented? I am not that familiar with the planning review process when it comes to larger developments. I have found the process for single family housing easy to follow and all city staff have been quite helpful if needed. Perhaps a comprehensive check lists would be appropriate, and handed when the planning process is started. This list would show the applicant the steps, and documents required to fulfill the planning process. 16. What kind of ideal community do you envision for Ukiah? Public safety through the Police and Fire Departments would and should be strongly supported. Planning for future growth, and how traffic will be controlled, and assisting with public transportation. Ukiah would be a safe place to live and raise a family. It would continue to have and provide youth services and provide year round youth activities. Ukiah would take steps to maintain assistance for it's senior citizen community. It would encourage clean industry and assist with affordable housing opportunities. JUN-17-03 TUE 04: O1 PR OITY OF UKIRH · F,~× NO, 7074636204 P. 02/02 CITY OF UKIAH APPLICATION FOR APPOINTMENT PLANNING COMMISSION i I JUN 2 4 20O3 I am applying for an appointment to the City of Ukiah's Planning 2. Residence Address_ ct/o"] ['J. ~ ~ ~' Res. Phone~ 3, Business Address ~--~5 ~:::3~i~1 ~us. Phone L~ .~_'~ -7~'~'~ 4, Empioyer_L~_~c3h ~Jc3tle~~b_. _ . Tifle.~N, D~ rec~¢ Employed Since 5, How long have you resided in Ukiah? ~ years; Mendocino Coun~ 2 ~ years , 6, Please list communi~ groups or organizations you are affiliated with and indicts any o~ces held Please answer the following questions on separ~e sheets of paper and 7, Why are you applying to se~o on the Ci~ of Ukiah's Planning Commission? 8. What is your understanding of the purpose, role and responsibility of the Planning Commission? 9. What is, or should be the relationship between the City's Planning Commission and the City Council, and between the Commission and Staff? 10. How do you believe your own skills, experience, expertise and perspective will be beneficial to the work of the Planning Commission? 11, What do you believe is the most important land use related issue presently facing our community? 12, As a member of the Planning Commission, how would you attempt to address this priodty issue? 13. in your opinion what type or types of growth, if any, should the City encourage? 14. In your opinion, what type or types of growth should the City discourage? 15, Are there any changes to the City's current planning review process that you would like to see implemented? 16, What kind of ideal community do you envision for Ukiah? Please return this application and affach,ments to the City Clerk by Noon on Tuesday, June 24, 2003, Thank you for your Interest in serv,ng the City of Ukiah. Cgnatute ---- - -- -- -- Date .... **Please check if you would like to have an interview scheduled with the City Council: YES,~._.. _. NO, .... City of Uklah, 300 Seminary Avenue, Ukiah, CA 95482-5400 Forms: Planning Commission Application Revised: 5/30/03 Phone: 463-6217 Fax: 463-6204 Response to Application for Appointment, City of Ukiah Planning Commission 7. I am applying to serve on the Planning Commission because I would like to serve my community in a way that helps to plan the future. 8. My understanding of the work that the planning commission does is, a review and approval process of proposals made by the community to develop and/or preserve property and resources. The relationship between the planning commission and the city should be professional and communicative, based on the best interest of meeting the needs of the community. 10. If appointed to the Planning Commission I will contribute using good communication skills and leadership abilities. I will also bring my perspective as a healthcare provider in the community. 11. I believe that an important land use issue we face is further development with our current-resources. 12. I would encourage addressing this issue by working with the city, other utility providers and developers to build properties that are accessible and affordable to mid-income individuals or families. The City should encourage housing and business development. Industries that overuse our resources should be discouraged, unless they can provide their own resources and benefit the community at large. I am not currently aware of process changes that need to be implemented. I believe that Ukiah can grow and keep its small town feel. We can create a community where people can afford to live. One that provides a safe environment to grow up, to get a~.. education, to raise a family and to retire. The Planning Commission can facilitate meeting the communities personal needs and healthcare needs. Opportunities for individual and family entertainment should be developed. Ukiah can be a community where people want to live, work, play and shop. . 13. 14. 15. 16. June 24, 2003 CITY OF UKIAH APPLICATION FOR APPOINTMENT PLANNING COMMISSION I am applying for an appointment to the City of Ukiah's Planning 1. Name Laura E. Christensen 2. Residence Address 479 North Oak Street, Ukiah 3. Business Address 479 North Oak Street, Ukiah 4. EmployeChristensen ConstrucJob Title Co-Owner Res. Phone 462-7236 Bus. Phone 462- 4331 Employed Since 1 992 5. How long have you resided in Ukiah? 7 years; Mendocino County. 3 0 years 6. Please list community groups or organizations you are affiliated with and indicate any offices held Frank Zeek Tiqer Boosters (PTO). Secr~_ary Frank 7. p~E .q~hnO! ._Cite. Please answer the following questions on separate sheets of paper and attach. 7. Why are you applying to serve on the City of Ukiah's Planning Commission? 8. What is your understanding of the purpose, role and responsibility of the Planning Commission? 9. What is, or should be the relationship between the City's Planning Commission and the City Council, and between the Commission and Staff? 10. How do you believe your own skills, experience, expertise and perspective will be beneficial to the work of the Planning Commission? 11. What do you believe is the most important land use related issue presently facing our community? 12. As a member of the Planning Commission, how would you attempt to address this priority issue? 13. In your opinion what type or types of growth, if any, should the City encourage? 14. In your opinion, what type or types of growth should the City discourage? 15. Are there any changes to the City's current planning review process that you would like to see implemented? 16. What kind of ideal community do you envision for Ukiah? Please return this application and attachments to the City Clerk by Noon on Tuesday, June 24, 2003. Thank youJLgr your interest in serving the City of Ukiah. Sig~iature Date , / **Please,check if you would like to have an interview scheduled with the City Council: YES / NO City of Ukiah, 300 Seminary Avenue, Ukiah, CA 95482-5400 Forms: Planning Commission Application Revised: 5/30/03 Phone: 463-6217 Fax: 463-6204 Laura Christensen Planning Commission Application Page 1 7. I am applying to serve on the City of Ukiah's Planning Commission because I want to take an active roll in planning the progression of growth within the City of Ukiah. 8. It is my understanding that the purpose of the Planning Commission is to evaluate and guide current and future commercial and residential growth within the City of Ukiah taking into consideration the current use of land and buildings as well as projected growth and future needs of the community. The role of the Planning Commission is to work cooperatively with the City Council and Planning Dept. staff as an advisory committee of citizens and business owners to assure appropriate zoning, land use, and growth. The responsibility of the Planning Commission is to consider the needs of the current and future residents and businesses of Ukiah in allowing for necessary growth without compromising the unique atmosphere that makes The City of Ukiah desirable to reside and do business in. 9. The Planning Commission, the City Council, and Planning Dept. Staff should function cooperatively to critically evaluate the growth and needs of our community. The Planning Commission should function in an advisory role to assist with interpretation by the City Council and Staff of the current plan to ensure that new development and land use are appropriate, as well as assist with the development of ongoing future planning in line with progression of growth in our community. 10. As a Nurse and Mother of three, I have exceptional listening and communication skills and consider myself to be an excellent negotiator. I am willing to hear and consider ideas fi.om the perspective of others regardless of my own opinions. I consider myself to be an intrepid problem solver. During the five years that I worked as a Nurse Case Manager at The Mendocino Community Health Clinic I honed my problem solving skills. As a partner in our construction business I have had the oppommity to work with the various city and county planning departments through out our area and have developed an appreciation for the work that they do within their communities. I feel that my role in our business has given me a perspective of the needs and challenges currently facing our community, and a sense of the future challenges that we face with regard to growth in a small community. As a citizen who resides very near the center of Ukiah, as well as a businessperson who's livelihood depends on the opportunity for growth in our area I feel that I will bring a unique and beneficial perspective to the Planning Commission. 11. I believe that the most important land use related issue presently facing our community is the lack of attractive, moderately priced housing. Our local real estate prices have risen dramatically in the past few years making it very difficult for middle-income families to purchase homes. This in turn has driven up the rental prices to the point that low to middle income families struggle with their housing Laura Christensen Planning Commission Application Page 2 costs. I believe that this is truly a problem of supply and demand caused by the lack of available land for residential housing development. I also fear that as a result, developers will continue to seek vacant land outside the city limits for housing tracts ultimately leading to "sprawl" and the use of rich agricultural land for housing development. 12. As a Planning Commissioner I would advocate a thorough evaluation of available land for housing within the city limits and encourage property owners to consider development of vacant lots. Also I believe that there is land that could be rezoned from commercial to residential to allow for additional moderately priced housing development. I. would also advocate the continuation of the discussion and serious consideration of the need to allow development of second units on presently developed properties. 13. In my opinion the City should encourage development of moderately priced residential growth as well as attractive small to medium sized commercial operations. I feel that the city should encourage use and rehabilitation of developed vacant commercial properties over additional commercial development. 14. I feel that the City should discourage large corporate growth. I am concerned about the influx of large corporations that come to our community attracting customers and employees away from smaller locally owned businesses and siphoning profits out of our community. 15. I currently don't feel that there are any changes needed for the planning review process, however, once I become an active part of the Planning Commission I will certainly advocate change should I identify a need. 16. Ukiah is an ideal community. It is small enough that one can get to' know their neighbors and fellow community members, yet large enough to allow for conveniences such as choices for shopping and activities. I would love to see development of our community as a model for clean attractive growth that is beneficial to community members from all economic levels. Date CITY OF UKIAH APPLICATION FOR APPOINTMENT PLANNING COMMISSION I am applying for an appointment to the City of Ukiah's Planning C 1. Name /~'0 ~[ 'f' ~/t/A t--"'c ~, 2. Residence Address ~' ( &'-'/'L), /',~ ¢ S A :~'T', Res. Phone 3. Business Address 4. Employer ,~ ~ 5. How long have you resided in Ukiah? Job Title Bus. Phone '70 '?- ~/'~' ~"- 7~ ~:~'5',,q~ el'" Employed Since 2. ~,;,,- .years; Mendocino County f' ~ years 6. Please list community groups or organizations you are affiliated with and indicate any offices held (¢,,~ ~/~ ;' fff~ ~-, Please answer the following questions on separate sheets of paper and attach. 7. Why are you applying to serve on the City of Ukiah's Planning Commission? 8. What is your understanding of the purpose, role and responsibility of the Planning Commission? 9. What is, or should be the relationship between the City's Planning Commission and the City Council, and between the Commission and Staff? 10. How do you believe your own skills, experience, expertise and perspective will be beneficial to the work of the Planning Commission? 11. What do you believe is the most important land use related issue presently facing our community? 12. As a member of the Planning Commission, how would you attempt to address this priority issue? 13. In your opinion what type or types of growth, if any, should the City encourage? 14. In your opinion, what type or types of growth should the City discourage? 15. Are there any changes to the City's current planning review process that you would like to see implemented? 16. What kind of ideal community do you envision for Ukiah? Please return this application and attachments to the City Clerk by Noon on Tuesday, June 24, 2003. Thar~k you,fqr your interest in serving the City of Ukiah. at/~u re~~~~~'e"/"- 6 .-.2.. ~.--c, ~ Sign Date **Please check if you would like to have an interview scheduled with the City Council: YES NO ~ City of Ukiah, 300 Seminary Avenue, Ukiah, CA 95482-5400 Forms: Planning Commission Application Revised: 5/30/03 Phone: 463-6217 Fax: 463-6204 July 24, 2003 Robert Palafox 515 N. Bush St. Ukiah, CA 95482 (707) 468-7820 robfox~saber, net CITY OF UKIAlt APPLICATION FOR APPOINTMENT PLANNING COMMISSION Questions 7 - 16 7. Why are you applying to serve on the City of Ukiah's Planning Commission? e There are several reasons why I want to serve on the Ukiah Planning Commission. It is important to me that everyone who decides to develop or improve their property be allowed a reasonable and fair opportunity to do so. I am not suggesting that city officials liberalize the process so every project is easily approved. However, I believe the applicant's current approval procedure could be more accommodating as it is often more difficult, time consuming and costly than necessary. I also believe that personal bias from some city officials can result in inappropriate bureaucrat delays and can interfere with the proper interpretation of codes and policies. As a Planning Commissioner, I will respect and accommodate any member of the public who submits a project for review. What is your understanding of the purpose, role and responsibility of the Planning Commission? It is my understanding the role and responsibility of the Planning Commission is to assure that development projects comply with the General Plan and to suggest revisions to the General Plan when it is scheduled for review. It is the responsibility of Planning Commissioners to study and comprehend staff reports, be attentive to the applicant's presentation, listen carefully to public comments and then approve, deny or suggest modifications to the proposed development. What is, or should be the relationship between the City's Planning Commission and the City Council, and between the Commission and Staff. Each of the above are public service components within a city government but have distinctly separate purposes. The City Council is an elective office with the broad responsibility of creating a full range of public policy whereas the Planning Commission is appointed by the Council and given the narrow responsibility of reviewing and approving development projects within the City. Unless there is an appeal to the City Council, the Planning Commission decides on development matters. The Planning Commission has the responsibility for careful and comprehensive decisions regarding the future growth of the City. The staff receives and processes building permit applications according to building codes and the General Plan. Staff may approve routine use permits that are, however, subject to appeal, which must then be reviewed by the Commission. All subdivision applications are reviewed by the staff who prepares a recommendation for the Planning Commission' s consideration. 10. How do you believe your own skills, experience, expertise and perspective will be beneficial to the work of the Planning Commission? I am a businessman and skilled professional with expertise in building design, construction and landscaping. I can read a full set of complex drawings, understand local development requirements and am aware of the use permit application process. 11. What do you believe is the most important land use related issue presently facing our community? Hillside development. 12. As a member of the Planning Commission, how would you attempt to address this priority issue? It is my understanding that a hillside development policy for Ukiah is not yet finalized within the General Plan. I believe the key issue is grading and that the new policy should allow for a Professional Engineer to recommend and design cuts and fills in accordance with acceptable safety and erosion standards. I am concerned that staff members can stall or derail a hillside-grading plan on issues not always supported in the General Plan. As a Commissioner, I will be sensitive to property owner' s rights while balancing the need to protect our environment. 13. In your opinion, what type or types of growth, if any, should the City encourage? The City of Ukiah should encourage the restoration of its older, architecturally pleasing structures (especially Victorians, Queen Anns and Craftsman style homes) to greatly enhance the character of our community. In addition, a draft revision to the housing element of the County's General Plan indicates a shortage of housing throughout Mendocino County; therefore, I believe Ukiah should encourage well planned housing units and subdivisions within our City limits. New business growth should also be encouraged to sustain Ukiah' s economic structure. 14. In your opinion, what type of or types of growth should the City discourage? Significant negative environmental impacts that can not be reasonably mitigated should be discouraged. 15. Are there any changes to the City's current planning review process that you would like to see implemented? Yes. I want the application procedure to be substantially quicker unless there are reasonable obstacles that should delay the process. 16. What kind of ideal community do you envision for Ukiah? From looking at photographs of the early days in Ukiah, our community got of to a great start with beautifully designed and well-crafted buildings. It appears that after WWlI, the downtown core area expansion lacked quality control, continuity and character. Unfortunately, State Street breeds pockets of blight. In contrast, much has been done along School Street to create a new ambiance. I believe redevelopment efforts should be increased and Ukiah's Master Plan reviewed with an emphasis on providing increased incentives for downtown beautification. This will enhance community pride, bring in additional businesses, increased property values, attract private money and improve the quality of life for people living in our community. Date CiTY OF UKIAH APPLICATION FOR APPOINTMENT PLANNING COMMISSION I am applying for an appointment to the City of Ukiah's Planning 1. Name ~----~_,~,, ~:, ~/. 2. Residence Address ~.~©¢] Res. Phone~ 3. Business Address .... ~,;'~Y~¢,~, Bus. Phone P, 4. Employer~_~ ~ ~1¢~,¢4~L~2~O Job Title ~~¢ (~~~~mployed Since 5. How long have you resided in Ukiah? %~ ~ years; Mendocino Coun~.,,~( ~ years 6. Please list community groups or organizations you are affiliated with and indicate any offices held Please answer the following questions on separate sheets of paper and attach. 7. Why are you applying to serve on the City of Ukiah's Planning Commission? 8. What is your understanding of the purpose, role and responsibility of the Planning Commission? 9. What is, or should be the relationship between the City's Planning Commission and the City Council, and between the Commission and Staff? 10. How do you believe your own skills, experience, expertise and perspective will be beneficial to the work of the Planning Commission? 11. What do you believe is the most important land use related issue presently facing our community? 12. As a member of the Planning Commission, how would you attempt to address this priority issue? 13. In your opinion what type or types of growth, if any, should the City encourage? 14. In your opinion, what type or types of growth should the City discourage? 15. Are there any changes to the City's current planning review process that you would like to see implemented? 16. What kind of ideal community do you envision for Ukiah? Please return this application and attachments to the City Clerk by Noon on Tuesday, June 24, 2003. Thank you for your interest in serving the City of Ukiah. Signature Date .... **Please~check if you would like to have an interview scheduled with the City Council. YES ?~ NO City of Ukiah, 300 Seminary Avenue, Ukiah, CA 95482-5400 Forms: Planning Commission Application Revised: 5/30/03 Phone: 463-6217 Fax: 463-6204 City of Ukiah Planing Commission Application Jennifer Puser June 23, 2003 7. I am applying to serve on the City of Ukiah's Planning Commission because I am very interested in land use planning issues, and want to serve my community by helping to shape land development in Ukiah in a way that reflects the principles of"smart growth" and our General Plan. . My understanding of the purpose of the Planning Commission is to involve local citizens in the decision making process of land use policy. The role of the Planning Commission is to make decisions on proposed use permits, site development permits and other pertinent land use planning decisions. In addition, the Planning Commission makes recommendations to the City Council on zoning, ordinances, General Plan amendments and other land use regulations. The Planning Commission's responsibility is to make educated, thoughtful and legally sound land use decisions as well as to ensure that the City's General Plan and the California Government Code Title 7 on land use planning is adhered to. e The relationship between the City's Planning Commission and the City Council should be a productive one. The two bodies should work toward making the best possible land use decisions for the community. The relationship between Commission and Staff should be a pos!tive one where staff provides information and guidance to the Commission. The Commission should be respectful of Staff and Staff should be responsive to the Commission's ideas and priorities. 10. I believe my own skills, experience, expertise and perspective will be beneficial to the work of the Planning Commission. My skills include a Masters Degree in Political Science with an emphasis on urban and regional planning. My experience includes working at two non-profit organizations- the Local Government Commission in Sacramento and the Center for Clean Air Policy in Washington D.C.- on livable communities projects that focused on land use, air quality and transportation planning in individual communities. My expertise includes serving five years on the City of Ukiah's Planning Commission. My perspective is that by implementing the tools of"smart growth" we can shape growth so that it benefits our community for all of its citizens, now and into the future. 11 · I believe the most important land use related issue presently facing our community is how we respond to the pressures of land development and growth. If we make good decisions now, our community benefits. If we do not, we will degrade what makes this town special. I also think quality, affordable housing for our citizens is also a component of this issue. The City needs to find ways to encourage a mix of quality housing types that fit the needs of the community while improving our neighborhoods. 12. As a member of the Planning Commission I would attempt to address these issues by supporting the implementation of the best "smart growth" strategies available. Learning from other communities and then applying pieces that fit with our local vision and ideas are what I feel works best. In the past, I worked toward and supported in our city code enhanced landscaping requirements, bicycle parking at all commercial developments, pedestrian pathways in commercial projects, as well as garage setbacks (when possible) in the development of singe family homes. I would like to continue working on additional strategies that will improve our community. I am also interested in working on the upcoming update of the Housing Element of the City's General Plan. 13. In my opinion, the City should encourage manufacturing/industrial development (for high-wage jobs), a mix of housing types, mixed-use development, pedestrian and transit-oriented development and the improvement of the downtown business district. The City should also encourage the preservation and redevelopment of historic buildings. 14. In my opinion, the City should discourage big box retail development, development of our western hills, and development that degrades our community's neighborhoods. 15. I would like to see the City provide information, on how to maximize solar energy and energy conservation in new and re-developments as part of the current planning review process. Information on passive solar, new energy efficient building materials, and the incentives provided by the State and the City for homeowners and business owners to take advantage of net metering should be presented to applicants before they'begin their projects. I believe this issue could be addressed in more detail in the zoning ordinance. 16. The kind of ideal community I envision for Ukiah is one that I am seeing unfold before my eyes (albeit slowly). This includes a community where I can walk & ride my bike with ease, has tree-lined streets, parks and open space, a vibrant downtown shopping district, good restaurants, a variety of cultural events, good employment opportunities, low crime rate, and has a .high quality of life for all of its residents. It is also a community that is not afraid to embrace new ideas and challenges itself to meet high land use planning standards and involves its citizens in shaping the community's future. ITEM NO. 9b DATE: July 16, 2003 AGENDA SUMMARY REPORT SUBJECT: AWARD OF BID TO FERRANTI CONSTRUCTION FOR IMPROVEMENTS TO MUNICIPAL PARKING LOT "C" IN THE AMOUNT OF $92,447 AND APPROVAL OF BUDGET AMENDMENT A primary project for the City of Ukiah and the Ukiah Redevelopment Agency has been to resurface and upgrade municipal parking lot "C" located at Main and Standley Streets. To accomplish this goal the Redevelopment budget approved for fiscal year 2003~04 included $50,000 for the improvements. The proposed improvements include new paving of the gravel surface area, slurry seal of existing paved surface, raised walkways for pedestrian traffic through the lot, new striping and signage, additional bicycle parking areas, and additional handicap parking and new ramps. A Notice to Bidders for the project was issued by the City Engineer's office with the bid opening on July 1. Bids were submitted by Ferranti Construction of Ukiah, in the amount of $92,447, and Granite Construction, in the amount of $118,181. ( continued on Pa,qe 2) RECOMMENDED ACTION: Award bid to Ferranti Construction for improvements to parking lot "C" in the amount of $92,447 and approve amendment to the 2003~04 Budget increasing expenditures in the Parking District 220.4601.250.000 account by $14,625 and authorizing expenditure from the North Fire Station reserve account 699.1915.800.010 in the amount of $14,625 ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine award of bid is inappropriate, reject all bids and direct staff to rebid the project. 2. Determine completion of project is inappropriate at this time and reject all bids. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: . N/A N/A Larry W. DeKnoblough, Community Services Director Candace Horsley, City Manager, Diana Steele, City Engineer, and Tim Eriksen, Civil Engineer Ferranti Construction Bid Sheets Granite Construction Bid Sheets Budget Amendment Worksheet (.~,...,.,~ Candace Horsley, CityYanager LD/ZlP2 \ As the Iow bid of $92,447 exceeds the budgeted amount of $50,000 by $42,447, staff is requesting a budget amendment of $54,250 to cover the additional cost, as well as engineering fees of $6,800 and a contingency of $5,000, to cover any unforeseen costs during construction. Although $75,000of the funding for the project is through the Redevelopment Agency, staff is recommending the additional costs be shared with the Parking District and special Projects Reserve money, which had been set aside for structural improvements to the North Fire Station. As the North Fire Station sale is in process, structural improvements to the facility will not be needed. The Parking District is an Enterprise Fund and has adequate fund balance to assist with the improvements. The Redevelopment Agency will be considering a budget amendment in the amount of $25,000 for this project during its meeting. Staff believes the project would be a significant improvement to downtown parking and is recommending award of bid to Ferranti Construction in the amount of $92,447 and approval of a budget amendment to increase expenditures in the Parking District 220.4601.250,000 account by $14,625 and authorize expenditure of North Fire Station reserve funds in the same amount. o~ ~,-£ {DO .... ~°° o : : ~ : : '§ m BIDDING SCHEDULE ITEM NO. QUANTITY DESCRIPTION AND UNIT PRICE BID EXTENDED AMOUNT in writing and in fi~res FOR ITEM 1. 1 ~a~ sum p~rice of 2. 1 ~a~~ p~ 3. 10 New ~eel Stops for ~e price per each 4. 10 Pavement Grinding for a price ~r cubic yard . C:hMSOFFICE~WINWORD\City of Ukiah\Spec.03-11 Pkg. Lot C Resurface.doc 51 Spec. No. 03- I I I 5. 160 Area "A" Asphalt Concrete Pavement for a price per tgn of . d-O ) 6. 100 Asphalt Concrete Overlay for a price per ton of 7. 3120 ~~1 for a price per square yard of 8. 193 Concrete Curb and Gutter for a price per lineal foot of 9. 282 Concrete 8' Curb for a price per lineal foot of 10. 1288 Concrete Sidewalk ~d Concrete Ramp for a price per square foot of C:\MSOFFICE\WINWORD\City of Ukiah\Spec.03-11 Pkg. Lot C Resurface.doc Spec. No. 03-11 52 11. I Handicap Signs & Pavemem Marking for the lump sum price of ($ ~Z~.O~0 ) $ 12. 2380 White 4" Painted Stripe for a price per lineal foot of , , 13. 1 Under Sidewalk Drain for the lump sum price ,~, . of ($ ~/o. oo ). $ ,B8 i o. 14. 1 Pavement & "Crack" Repair for the lump sum price of C:\MSOFFICE\WINWORD\City of Ukiah\Spec.03-11 Pkg. Lot C Resurface.doc 53 Spec. No /~-T~firCi4 ~,,,,c?,, ,,u'T- ~ Q..._ BIDDING SCHEDULE i I I ITEM NO. QUANTITY DESCRIPTION AND UNIT PRICE BID EXTENDED AMOUNT in writing and in figures FOR ITEM __ 1. 1 Mobilization for the lump sum price of ($ e515oo, eo ) $ ~seo. · 2. 1 Disposal for the lump sum price of 3. 10 New Wheel Stops for the price per each ($ qt>.ce ) $ 4. 10 Pavement Grinding for a price per cubic yard of ($ iS?,OO ) il C:\MSOFFICEXWINWORD\City of Ukiah\Spec.03-11 Pkg. Lot C Resurface.doc 51 Spec. No. 03-11 II . 10. 160 100 3120 193 282 1288 Area "A' Asphalt Concrete Pavement for a price per ton of (s_ 2o6,oo Asphalt Concrete Overlay for a price per ton of V~ Ce~,x"r5 j IO.OO ~ S_ :32.,9..>oo. oo Slurry Seal for a price per square yard of ($_ -7.OO Concrete Curb and Gutter for a price per lineal foot of ($_ %i.oo Concrete 8' Curb for a price per lineal foot of ($_ I-I.SO ) s~_t~ q'gc-,, co Concrete Sidewalk and Concrete Ramp for a price per square foot of (s_ g.eO C:\MSOFF1CE\W1NWORD\City of Ukiah\Spec.03-11 Pkg. Lot C Resurface.doc 52 Spec. No. 03-11 11. 12. 13. 14. 2380 Handicap Signs & Pavement Marking for the lump sum price of ii_ 5oo.o0 )_ s. ~0o.oo White 4" Painted Stripe for a price per lineal foot of $ ?_.,q--~cS. oo _ Under Sidewalk Drain for the lump sum price of -- Pavement & "Crack" Repair for the lump sum price of _$ ~4_~4Go. oo C:\MSOFFICE\WINWORD\City of Ukiah\Spec.03-11 Pkg. Lot C Resurface.doc 53 Spec. No. 03-11 AGENDA SUMMARY ITEM NO. DATE: July 16_ 2003 REPORT SUBJECT: CONSIDERATION AND APPROVAL OF JOINT WORKSHOP FOR THE UKIAH CITY COUNCIL AND UKIAH VALLEY SANITATION DISTRICT TO PROVIDE PROJECT UPDATE REGARDING THE WASTEWATER TREATMENT PLANT IMPROVEMENT PROJECT Brown and Caldwell, design-engineering company for the Wastewater Treatment Plant (WWTP) Improvement project, has completed the draft of the Preliminary Design Report. The report includes 25 technical memoranda regarding the evaluation of all facilities and factors affecting the design of the needed improvements to the WWTP. A joint workshop for the Ukiah City Council and Ukiah Valley Sanitation District (UVSD) Board is proposed to provide an update regarding the status of the WWTP Improvement project and present the results of the design studies, in particular the current plant capacity, plant optimization recommendations, sewer collection system inflow and infiltration study, and effluent storage requirements and recycled water use study. It is suggested that the workshop be held on August 6th before the City Council meeting since two hours will be needed for discussion of the project status and presentation of the results of the design studies. RECOMMENDED ACTION: Approve 4:00 P.M., August 6, 2003 as the time and date for the joint City Council/Ukiah Valley Sanitation District workshop presentation regarding the WWTP Improvement Project Update for. ALTERNATIVE COUNCIL POLICY OPTIONS' Reject recommendation and provide alternative direction to staff. Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Ann Burck, Administrative Analyst Coordinated with: Candace Horsley, City Manager Attachments: N/A APPROVED: Candace Horsier, City I~ager AGENDA SUMMARY ITEM NO. 9d DATE: JULY 16, 2003 REPORT' SUBJECT: ADOPTION OF RESOLUTION URGING CALIFORNIA LEGISLATURE TO USE BALANCED APPROACH IN ADOPTING THE STATE BUDGET AS REQUESTED BY ASSEMBLYMEMBER PATTY BERG Assemblymember Patty Berg has requested the city to urge the State Legislature to support a balanced approach in adopting the State budget. In her July 3 letter to Mayor Larson, Honorable Ms. Berg expresses her belief that a balanced approach will protect vital public services and asks the Council to adopt a resolution identifying the need for spending cuts, short-term borrowing, and new revenues. A resolution in standard City format with the wording proposed by Ms. Berg, except in two instances, is attached for the Council's consideration. The first modification is the second "Whereas". This statement implied that Ukiah is still in the process of adopting its budget; the budget was completed by the beginning of our fiscal year reflecting the serious concern the Council has for this community. It further intimated that the City Council could not make the serious fiscal decisions demanded of it without solutions or directions from the State. This could be misleading since the budget was approved in a conscientious and thoughtful method and Ukiah is moving forward in a positive manner with the business of providing fiscally responsible local government. Staff therefore changed the statement. The second issue is the reference to activating the VLF (Vehicle License Fees). The VLF has already been triggered and the fees implemented as originally intended by the people of California when voted into law and by the legislature when the reduction was instituted; thus the statement was deleted from the resolution. Staff recommends discussion of the resolution and adoption if desired. Per Assembymember Ber~l's request the resolution will be forwarded to her office if adopted. RECOMMENDED ACTION: Consider Request From Assemblymember Berg And Adopt Resolution Urging California Legislature To Use Balanced Approach In Adoptin~l The State Budget. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine resolution requires changes and adopt modified resolution. 2. Determine resolution is not appropriate and take no action to adopt. Citizen Advised: N/A Requested by: Assemblymember Patty Berg , , r~ ~'~.~ Prepared by: Michael F. Harris, Risk Manager/Budget Officer~~,o~ Coordinated with: Candace Horsley, City Manager Attachments: 1. Resolution for adoption, pages 1-2. 2. July 3, 2003 letter from Assemblymember Berg with proposed resp.~ution, pages 3-5. Ap p ROVE D:L--(~ I_ .y~v~ ~,,-~ Candace Horsley, City'~anager mfh:asrcc03 0716Berg RESOLUTION NO. 2004- X~' t RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH URGING THE CALIFORNIA LEGISLATURE TO USE A BALANCED APPROACH IN ADOPTING THE STATE BUDGET WHEREAS, the State of California is facing the worst budget crisis since the 1930s Great depression, threatening the ability of state and local government to deliver essential services and threatening the long-term fiscal health of state and local government; and, WHEREAS, counties and cities are still concerned about actual 2003-2004 revenues because of the uncertainty of State funding and/or withdrawals without a finalized State budget, and, WHEREAS, the State of California is facing a $38 billion deficit, and dramatic measures must be taken to reduce spending and protect state and local services, and; WHEREAS, city and county officials of California understand the interdependence of the fiscal condition of stat government and local government, and; WHEREAS, the financial condition of the state of California is so serious that it is incumbent upon state leaders to both cut spending and enact temporary increases in revenues to avoid making future generations of California's pay for eh budget deficit, and; WHEREAS, local officials have already taken measures to reduce local spending, but the failure to adopt-t a balanced budget could imperil local services, and; WHEREAS, the Boards of Directors of the league of California Cities, California State Association of Counties and California Special districts Association have endorsed a set of principles calling for a balance approach to managing the state budget deficit. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Ukiah urges the California legislature to support the following balanced budget principles during the current budget process: Resolution No. 2004- Page 1 of 2 . Spending Cuts: Reduce the current estimated deficit through stat spending reductions, minimizing federal fund loss where possible. Short-term Borrowing: Finance part of the budge deficit over a period of up to five years through the issuance of short-term debt instruments, secured by temporary taxes that are dedicated solely to retiring the short-term debt. Revenues for Deficit Reduction: Adopt a set of tax increases dedicated solely to retiring the short-term debt and the remaining structural deficit. Reserve: Require a prudent reserve that could be accessed during economic shortfalls. Local Government Reductions: Limit the local government share of overall budget reductions to a one-time amount not to exceed the proportion of state subventions to local governments as a percentage of the State general fund budget. PASSED AND ADOPTED on this 16th day of July 2003, by the following roll call vote: AYES: NOES' ABSENT: ATTEST: Eric Larson, Mayor Marie Ulvila, City Clerk Resolution No. 2004- Page 2 of 2 07/03/2003 16:09 FAX 916 319 2101 ASSEMBLYI~EMBER BERG ~001/003 ~ (B~) s~S-~O~ OIS~T ~ CHURCH ~ (?0~ 4~0 4~ ~E~. Su~ ~uR~ CA FAX (707) July 3, 2003 · , PATTY B ERG ' A$SEMBLYMEMBER, FIRST DISTRICT Mayor Eric Larson City of Uldah 300 Seminary Avenue Ukiah, CA 95482 Dear Mayor Larson: Th.is year's budget situatkm is the worst since thc Great Depr, ssion, with a deficit totaling over 38 billion dollars. Funding for local governments, community colleges, and health care need your help. A balanced approach of revenue enhancements and spending cuts will allow the State to be able to present a balanced budget. For this reason, I am formally requesting that your City adopt a resolution urging thc State of California to use a balanced approach in passing thc state budget. Attached please find a sample resolution that cities and counties throughout California have been adopting, outlining the need for spending cuts, shoE-term borrowing, and new revenues. Please be assured that I am committed to decisive action in solving the budget crisis, and producing a balanced budget that continues to provide funding for education, health and human services, public safety, and local government. It is only through a BALANCED approach that vital public services will be protected. I fear that without raising any revenues the State would have to cut entire progrmns, placing citizens' lives in jeopardy. I urge your Council to formally adopt this resolution at your next Board/Council meeting. Once passed, please forward a copy of the resolutior~ to my Capitol office. Tha~ you agaha for your prompt attention to this matter. If you have any questions, please do not hesitate to contact mc at (916) 319-2001. Sincerely, PATTY BERG Assemblymember, 1" District cc: Ca=dace Horsley, City Manager Printed on I:;ecycted Paper 07/03/2003 16:10 FAX 916 319 2101 ASSEMBL~fE~BER BERG ~002/003 A RESOLUTION URGING THE CALIFORNIA LEGISLATURE TO USE A BALANCED APPROA Cfl IN ADOPTING THE STATE BUDGET WHEREAS, the state of California is facing the worst budget crisis since the 1930s Great Depression, threatening the ability of state and local government to deliver essential. services and threatening the long-term, fiscal health of state and local government; and WItEREAS, counties and cities arc in tile midst of approving their own operating and capital budgets for the 2003-04 fiscal year and cannot adequately make decisions, about the funding of local government services until the state budget is finalized; and WHEREAS, thc state of California is facing a $38 billion deficit, and dramatic measures must be taken 'to reduce spending and protect state and local services; and ' WHEREAS, ~e city and county officials of California understand the interdependence of the fiscal condition of state government and local government; and WHEREAS, the financial condition, of the state of California is so serious that it is incumbent upon state leaders to both cut spending and enact temporary increases in revenues to avcid making future generations of Californians pay for the budget deficit; and WIIEREAS, local officials have already taken measures to reduce local spending, but the failure to adopt a balancexl budget could impeffi local services; and WHEREAS, the boards of directors of thc League of Chliforrda Cities, California State Association of Counties and California Special Districts Association have endorsed a set of principles calling for a balanced approach to managing the state budget deficit. NOW, THEREFORE, BE IT RESOLVED BY TIlE OF , CALIFORNIA, that balanced budget principles be supported in the upcoming budget process: the following · Spending Cuts. Reduce the current estimated deficit through state spending reductions, minimizing federal fund loss where possible. ~hort-term Borr..owing. Finance part of the budget deficit over a period of up to 5 years through the issuance of short-tem~ debt instruments, secured by temporary taxes that are dedicated ~ to retiring the short-term debt. Revenues for Deficit Reduction. Adopt a set of tax increases dedicated sotek_ to retiring the abort-term debt alad the remaining structural deficit. · Re, rye. Require a prudent reserve that could be accessed during economic shortfalls. 07/03/2003 16:10 FA'v,. 916 319 2101 ASSE~IBLYI~I~fBER BERG ~003/003 VLF Covenant. Keep the VLF covenant made to local governments, by activating the VLF trigger or continuing the state General Fund revenue backfill. Local Government..Reductio,n.~, Limit the local government share of overall budget reductions to a one-time amount not to exceed thc proporti, on of state subventions to local governments as a percentage of thc state general fund budget, APPROVED on this day of ,2003. UKIAH REDEVELOPMENT AGENCY REGULAR MEETING CIVIC CENTER COUNCIL CHAMBERS 300 SEMINARY AVENUE July 16, 2003 8:00 P.M.* 1. ROLL CALL 1 AUDIENCE COMMENTS ON NON-AGENDA ITEMS The Ukiah Redevelopment Agency welcomes input from the audience. 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. 1 APPEAL PROCESS Persons who are dissatisfied with a decision of the Redevelopment Agency may have the right to a review of that decision by a court. The Agency has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety (90) days the time within which the decision of the City Boards and Agencies may be judicially challenged. 4. APPROVAL OF MINUTES a. Regular Meeting of June 18, 2003 Sm NEW BUSINESS a. Award of Bid To Ferranti Construction For Improvements To Municipal Parking Lot "C" In The Amount Of $92,447 And Approval of Budget Amendment b. Approval of Performance Agreement With The Greater Ukiah Chamber of Commerce And Authorize Executive Director To Execute Agreement 6. COMMISSIONERS REPORTS 7. EXECUTIVE DIRECTOR REPORTS 8. CLOSED SESSION 9. ADJOURNMENT *Or as soon as the meeting may be held in conjunction with the City Council meeting. UKIAH REDEVELOPMENT AGENCY Regular Meeting of June 18, 2003 /-la The Ukiah Redevelopment Agency met in regular session on June 18, 2003, for which had been legally noticed and posted, at 10:38 p.m. in the Civic Ce Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken Commissioners were present: Commissioners Rodin, Andersen, Chairman Larson. Staff present: Assistant Director DeKnoblou~ Elton, Deputy Director Harris, Executive Director Horsley, City Recording Secretary Ulvila. · 2. AUDIENCE COMMENTS ON NON-AGENDA ITEM No one came forward to address the Agency. followir in, and 3. APPEAL PROCESS Chairman Larson reviewed the appeal 4. APPROVAL OF MINUTES 4a. Regular Meeting of May 7, 2003 City Clerk Ulvila advised that the Minutes of May 7th w6 error. They were approved by pment Agency at :he agenda in meeting. 4. APPROVAL OF MIN 4b. Regular M/S Smith/Andersen approving presented, carried by unanimous Si Fin; Re( advi: overall fin; of the Ukiah ~ .mmendation: NEW BUSINESS ecelv~a~l~he Ukiah Re~ Stat~hts o~j~cal Year 2~ 81 that mc the audit of May 21, 2003 as Audited Financial was continued from the May 21st distributed to the Commissioners. He "Independent Auditors' Report", states the y, in all material respects, the financial position Agency as of June 30, 2002 is satisfactory and all been accomplished. M/S in/Smith stateme~ the ye carried bl and file the Ukiah Redevelopment Agency financial June 30, 2002, audited by Davis Hammon & Company, vote of the Agency. 5. NE¥~ 5b. Ado of Resolution allocatinq Housinq Setaside Funds, 2002/03- pment Director Harris advised that the Low and Moderate Income Advisory Committee has completed its review and evaluation of the a for the semi annual Housing Setaside allocation program, and has made its recommendation for funding. Regular City Council Meeting June 18, 2003 Page 1 of 2 The Rural Communities Housing Development Corporation (RCHDC) application is for a $300,000 Iow interest (3% annual), two year deferred loan to assist in purc of property located at the northwest corner of Clara and Orchard to be develop, Iow and moderate-income apartment units. The loan would be repa construction loans are secured. The Ford Street Project application toward additional costs associated with the Permanent Homeless Sh Street. $75,000 ~:,~ Ford Subsequent to the Committee meeting, the Housing fund balance new revenue calculabons and additional avadable funding ~S~::~dentifi~i~He revie,,~'bd ~;i~, three possible options available to the Agency. S~fe~mmenc'l~ option two%;~ii~;:~:~? authorizing $519,000 for the 2002/2003 Spring Housin( .~sid~Allocation. The Agency discussed the options availabh of the housing rehabilitation program, and the recommendati, There was also discussion concerning the Commi~ee's ~n. M/S Andersen/Baldwin adopting Resolution 200: g Housing Setaside Funds, 2002/03 Spring with Option #3, to allocate the full applications and the Emergency amount with ~e remainder committed program and distributed as follows: Reh Ford Street Project $75,000, and Em~ by the follow)rig call vote: AYES: Commissioners Rodin, .~?.~.~ Mayor'~rson. NOES: None. ABSTAIN' None. ABSENT: Non~ 6. COMMISSIONERS' N o ne. . .~,~ ~ .. ;~ii~~ 7. EXECUTIVE DIRECTOR REPORT, S} djo'~rne~o ~.Closed~ession~t~30-~p m a. overnment Code §54956.8 Conference With Real Property N~ Pro Owner: lnder 1-02-06 .pment Agency ~ Horsley · Price, Terms, and Conditions 1:31 p.m. [NT no further business, the meeting was adjourned at 11:31 p.m. Ma~e Ulvila, Recording Secretary Regular City Council Meeting June 18, 2003 Page 2 of 2 ITEM NO. 5a DATE: July 16, 2003 UKIAH REDEVELOPMENT AGENCY AGENDA SUMMARY REPORT SUBJECT: AWARD OF BID TO FERRANTI CONSTRUCTION FOR IMPROVEMENTS TO MUNICIPAL PARKING LOT "C" IN THE AMOUNT OF $92,447 AND APPROVAL OF BUDGET AMENDMENT A primary project for the City of Ukiah and the Ukiah Redevelopment Agency has been to resurface and upgrade municipal parking lot "C" located at Main and Standley Streets. To accomplish this goal the Redevelopment budget approved for fiscal year 2003~04 included $50,000 for the improvements. The proposed improvements include new paving of the gravel surface area, slurry seal of existing paved surface, raised walkways for pedestrian traffic through the lot, new striping and signage, additional bicycle parking areas, and additional handicap parking and new ramps. A Notice to Bidders for the project was issued by the City Engineer's office with the bid opening on July 1. Bids were submitted by Ferranti Construction of Ukiah, in the amount of $92,447, and Granite Construction, in the amount of $118,181. ( continued on Paqe 2) RECOMMENDED ACTION: Award bid to Ferranti Construction for improvements to parking lot "C" in the amount of $92,447 and approve amendment to the 2003~04 Budget increasing expenditures in the 965.5612.250.000 account by $25,000. ALTERNATIVE AGENCY POLICY OPTIONS: 1. Determine award of bid is inappropriate, reject all bids and direct staff to rebid the project. 2. Determine completion of project is inappropriate at this time and reject all bids. Citizen Advised: N/A Requested by: Prepared by: Coordinated with: Attachments: . N/A Larry W. DeKnoblough, Assistant Redevelopment Director/.L'~'~ Candace Horsley, Executive Director, Diana Steele, City Engineer, and Tim Eriksen, Civil Engineer Ferranti Construction Bid Sheets Granite Construction Bid Sheets Budget Amendment Worksheet APPROVED: Candace Horsle¥, Executive LotCImprovements. Asr.rda Ld/Zip2 Director As the Iow bid of $92,447 exceeds the budgeted amount of $50,000 by $42,447, staff is requesting a budget amendment of $54,250 to cover the additional cost, as well as engineering fees of $6,800 and a contingency of $5,000, to cover any unforeseen costs during construction. Although $75,000 of the funding for the project is through the Redevelopment Agency, staff is recommending the additional costs be shared with the Parking District and Special Projects Reserve money, which has been set aside for structural improvements to the North Fire Station. As the North Fire Station sale is in process, structural improvements to the facility will not be needed. The Parking District is an Enterprise Fund and has adequate fund balance to assist with the improvements. Of the $54,250 staff is requesting, $25,000 would be from Redevelopment funds and the remaining $29,250 shared between the Parking District (Fund 220) and General Fund Special Projects Reserve (Fund 699). Staff believes the project would be a significant improvement to downtown parking and is recommending award of bid to Ferranti Construction in the amount of $92,447 and approval of a budget amendment to increase expenditures in the 965.5612.250.000 account by $25,000. LU z LU o 0 0 0 0 ~ : ~ : BIDDING SCHEDULE ITEM NO. QUANTITY DESCRIPTION AND UNIT PRICE BID EXTENDED AMOUNT in writing and in fi~res FOR ITEM 1. 1 ~ati_~o~. for the lum~p sum p. rice of 3. l0 New Wheel Stops for the price per each 4. 10 Pavement Grinding for a price per cubic yard ' ($' Z2.~P. t~o ) C:\MSOFFICE\WINWORD\City of Ukiah\Spec.03-11 Pkg. Lot C Resurface.doc 51 Spec. No. 03-11 -J. ..vu ,,.rea A ' Asphalt uoncrete Pavement for a ; : price per t~?n of . ., 6. 100 Asphalt Concrete Overlay for a price per ton of 7. 3120 ~~1 for a prce per square yard of , 8. 193 Concrete Curb and Gutter for a price per lineal foot of 9. 282 Concrete 8" Curb for a price per lineal foot of / ($ ) 10. 1288 Concrete Sidewalk ~d Concrete Ramp for a price per square foo~ of C:\MSOFFICE\WINWORD\City of Ukiah\Spec.03-11 Pkg. Lot C Resurface.doc Spec. No. 03-11 52 11. 1 Handicap Signs & Pavement Marking for the lump sum price of 12. 2380 ~ite 4" Painted Stripe for a price per lineal foot of 13. 1 UMer Sidewalk Drain for ~e lump sum price ;, . of ($ ~/~. ~ ) $ ~B I O. ~ 14. 1 Pavement & "Crack" Repair for ~e lump sum price of C:\MSOFFICE\WlNWORD\City of Ukiah\Spec.03-11 Pkg. Lot C Resurface.doc 53 Spec. No BIDDING SCHEDULE ITEM NO. QUANTITY DESCRIPTION AND UNIT PRICE BID EXTENDED AMOUNT in writing and in figures FOR ITEM .. 1. 1 Mobilization for the lump sum price of ., 2. 1 Disposal for the lump sum price of ($15~ooo,oo ) $ iS~eeo, co.. 3. 10 New Wheel Stops for the price per each II ($ qo.ee ) $ 4. 10 Pavement Grinding for a price per cubic yard of ~..o "'/~.~b. $ ~7.~0,0o ($ i57,oo. ) C:\MSOFFICE\WINWORD\City of UkiahXSpec.03-11 Pkg. Lot C Resurface.doc 51 Spec. No. 03-11 . 10. 160 100 3120 193 282 1288 Area "A" Asphalt Concrete Pavement for a price per ton of (s 2o______~,0o _) %3 2.,%oo. oo Asphalt Concrete Overlay for a price per ton of V'~ Ce;,,v'F5 s~__! t o . e o _~ Slurry Seal for a price per square yard of -- ($_ -/. O0 ) Concrete Curb and Gutter for a price per lineal foot of Concrete 8" Curb for a price per line~ foot of e~e~e~x'een ~,~_~ r Concrete Sidewalk and Concrete Ramp for a price per square foot of Six. A,u~) iaO (s_ q,.oO ) $__~,"l 2%. o0 C:\MSOFF1CE\WINWORD\City of Ukiah\Spec.03-11 Pkg. Lot C Resurface.doc 52 Spec. No. 03-11 11. 12. 13. 14. 2380 Handicap Signs & Pavement Marking for the lump sum price of _ ~$ ~oo. oD A White 4" Painted Stripe for a price per lineal foot of Under Sidewalk Drain for the lump sum price of Pavement & "Crack" Repair for the lump sum price of $ ~0o.oo $ 2.,q.-~cj, oo -- ~$ o~t~go, oo 1 TOTAL BID AMOUNT C:\MSOFFICE\WINWORD\City of UkiahXSpec.03-11 Pkg. Lot C Resurface.doc 53 Spec. No. 03-11 ITEM NO. 5b DATE: July 16, 2003 UKI'AH REDEVELOPMENT AGENCY AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF PERFORMANCE AGREEMENT WITH THE GREATER UKIAH CHAMBER OF COMMERCE AND AUTHORIZE EXECUTIVE DIRECTOR TO EXECUTE AGREEMENT In approving the budget for Fiscal Year 2003/04, the Redevelopment Agency included $25,000 for contractual services for the promotion of tourism and economic development services. In the past these services have been performed by the Greater Ukiah Chamber of Commerce on behalf of the Agency and the City of Ukiah. It has been the practice of the Redevelopment Agency to enter into a performance agreement with the Chamber for specific services to be performed. During the recent budget hearings, the Agency was presented with a report by Chamber representatives regarding the activities of the Chamber on behalf of the Agency and the City. In the course of that presentation, several Agency Commissioners expressed concern that public funds had been utilized for partisan political purposes, including distribution of the State Chamber of Commerce monthly newsletter, and questioned whether it was appropriate to continue funding on that premise. (Continued on Page 2) RECOMMENDED ACTION: Approve Performance Agreement with Greater Ukiah Chamber of Commerce in the amount of $25,000 and authorize Executive Director to execute agreement. ALTERNATIVE AGENCY POLICY OPTIONS' 1. Determine agreement requires revision and remand to staff with direction. 2. Determine approval of agreement is inappropriate and do not move to approve. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: 1. 2. 3. Yes N/A Larry W. DeKnoblough, Assistant Redevelopment Director~b'?] Candace Horsley, Executive Director Proposed Agreement City Attorney Opinion Chamber June 12 Letter APPROVED: Candace Horsley, Executive LD/ZIP1 ChamberContrat03.Asr Director The City Attorney has considered the legal aspects of the Agency's question and has determined that the Chamber's political activities do not prevent the Redevelopment Agency from contracting with the Chamber for business promotion and other services. The City Attorney's full written response is included in this report as Attachment #2. Staff has also met with Chamber representatives to discuss the specific services provided by the Chamber to the City and the numerous funding sources the Chamber utilizes to provide its variety of services to the business community. While the Ukiah Chamber has recently begun to follow a pattern set by Chambers throughout the State of California by enhancing its business advocacy and political voice, staff believes the funding provided by the Agency is directly proportional to the exceptional level of services defined in past performance agreements between the Agency and the Chamber. Also, in response to concerns expressed by Agency members during its budget discussions regarding fairness and impartiality, the Chamber is developing formal policies and procedures to ensure an open and fair approach to further guide any of its future business and political advocacy activities. The purpose of the performance agreement is to ensure that the Agency's funds are expended for the general public welfare and purposes consistent with the Agency's goals and objectives. Throughout previous agreements the Chamber has proven to be an invaluable partner in promoting the City of Ukiah, disseminating information to the public, and assisting the Agency and City in enhancing the area's economic base. Traditionally, cities and their respective chambers strive to maintain a strong partnership recognizing the mutual benefits of bridging the gap between business and government. Ukiah, the Chamber has established a broad network of business memberships and developed a strong staff and volunteer base. Each year the Chamber receives over 20,000 inquiries from individuals and businesses and distributes several thousand relocation packets in response to inquiries. These packets are compiled by Chamber staff and consist of essential information, data, and City brochures, providing potential residents and businesses information about resources, housing, and business opportunities in Ukiah. Although many Chambers charge a fee for this service, the Ukiah Chamber is able to distribute these packets free due to the funding provided by the Agency. In the Agency's discussion of Chamber funding, it was questioned whether the Agency could contract with another entity for similar services. Staff believes that should the Agency wish to consider this option, overall cost, delivery of services, and effectiveness should be the primary issues. Because the Chamber receives funding from memberships, donations, and fundraising activities in addition to Agency funding, it is able to provide a level of daily services such as receptionist duties at the Conference Center, response to phone inquiries, and development of a website which assists businesses and promotes the City. Due to the Chamber's expansive membership and networking tools it has been exceptionally effective in disseminating information regarding City programs, services and community events. This network provides the Chamber the ability to interact with the educational community, other public agencies, as well as the business community on the City's behalf. IVlost importantly, chambers in any city, are widely recognized as the first point of contact for businesses and individuals considering relocation to a community. Tt is essential that these inquiries be handled efficiently and effectively and that the inquiring party receive all available information regarding the full range of services available. The Ukiah Chamber has been an excellent representative in this respect and staff is concerned that should an entity other than the Chamber be designated by the Agency, many initial inquiries may be lost. Staff believes it will be significantly more difficult for another entity, which does not possess the range of resources and recognition available to the Ukiah Chamber, to provide the level of service in the cost effective manner provided by the Ukiah Chamber. Tn addition the Chamber partners with the City by participating in or coordinating many other activities which are not specifically identified in the contract such as brochure and web site development, community meetings and events including the gang prevention coalition and save the air attack base. These activities are intangible benefits which the Agency derives through the long term relationship built with this Chamber over many years. Staff has prepared and attached a draft agreement which essentially continues the terms, conditions, and services as the previous year's agreement. The term of the Agreement is for one year, retroactive to 3uly 1, 2003 through .lune 30, 2004. Staff believes the services provided by the Ukiah Chamber of Commerce to the Ukiah Redevelopment Agency and the City of Ukiah are significantly beneficial to the general welfare of the community and is recommending approval of the attached Performance Agreement in the amount of $25,000 and authorization for the Executive Director to execute agreement. PERFORMANCE AGREEMENT between the UKIAH REDEVELOPMENT AGENCY and GREATER UKIAH CHAMBER OF COMMERCE This Agreement is made this 1st day of July, 2003, by and between the Ukiah Redevelopment Agency, a redevelopment agency for the City of Ukiah, herein called "Agency," and the Greater Ukiah Chamber of Commerce, a California not for profit corporation formed pursuant to the laws of the State of California, herein called "Chamber." RECITALS 1. The Agency is desirous of creating a vital economic development climate through the promotion of the City of Ukiah's advantages as a business, industrial and residential center, disseminating information relative thereto and properly following up and giving consideration to inquiries made from time to time relative to the various activities of the Agency. 2. The Chamber is organized for and equipped to carry on promotional activities in relationship to tourism, relocation and economic development on behalf of the Agency. NOW, THEREFORE, in consideration of the above-recited facts and agreement contained herein, it is agreed as follows: A. TERM This Agreement shall be effective from July 1, 2003, and shall terminate on June 30, 2004. B. SCOPE OF SERVICES 1. Public Relations and Marketing Chamber shall carry on promotional activities with and on behalf of the Agency. These activities shall be carried on in cooperation and coordination with the Agency. These services shall include, but are not limited to: a. Promotion of business retention and expansion through coordination, organization and execution of associated inquiries and requests and coordinate specific business inquiries and referrals with Agency staff. b. Promotion of visitor development and tourism through management, organization and execution of associated inquiries and requests c. Promotion of Ukiah with advertising and marketing efforts including a linked web site. d. Production and dissemination of packages of information about Ukiah that are current and available at public counters and upon request and share in the distribution of promotional materials, maps and brochures produced by Agency staff. e. Participation and coordination with Agency staff in trade shows and like promotional opportunities. f. The Chamber will continue its affiliation with the Mendocino County Alliance ("MCA"), providing a representative on the MCA board, providing displays, promotional materials and a pictorial display of the community and surrounding area at many of the MCA events and programs. 2. Ukiah Valley Conference Center Reception Services It is agreed upon by both parties that the majority of inquiries and at the receptionist area in the Ukiah Valley Conference Center are Chamber related. As part of this agreement the Chamber shall provide reception staff support for the Ukiah Valley Conference Center and the tenants therein during normal hours of operation, Monday - Friday from 9:00 a.m. to 5:00 p.m. Occasionally the reception office will be closed during normal hours of operation. It is anticipated that this will occur infrequently. The Chamber shall notify Conference Center Staff as the Redevelopment Director's designee, in advance of any time the receptionist office is closed during normal business hours as practical. C. OTHER ACTIVITIES Chamber shall carry on such other activities on behalf of the Agency as may be mutually agreed upon from time to time during the period of this agreement. The Agency and the Chamber produce and participate as partners in community- oriented events; such as the All American Fourth of July Afternoon Family Picnic, the Ukiah Country PumpkinFest and the Small Town Christmas. The Chamber's role in the production of these events augments the Agency's goal of creating a vital economic climate. For those events that the Chamber and the Agency work in partnership on; a joint evaluation is performed annually. 4. Representation Chamber shall provide Agency the option of one (1) ex officio representative on the Chamber's Board of Directors. D. RECORDS, REPORTS AND ACCOUNTABILITY The Chamber shall furnish an annual report by the first regular City Council meeting in June of each year covering the prior year's public relations, marketing and economic development activities for the period from June 1 through May 31, 2003. The report shall include the number of inquiries serviced; type and scope of promotional activities; and such other information that may be relevant to provide sufficient data to satisfy the terms and scope of this agreement. Chamber shall maintain a bookkeeping system and books of account in accordance with generally accepted accounting principles consistently applied, which outline the accounting and utilization of Agency funds paid to the Chamber for services defined in this agreement. Agency shall have access to said books of account during regular business hours for purposes of inspection and audit. Chamber shall fully cooperate with the Agency and its agents and accountants during any such inspection and audit, including, but not limited to, making its employees, accountants, bookkeepers, or officials available to provide any requested information or documents. Any and all future Agreements between the Chamber and the Agency shall not only be predicated on the Chamber's on-going ability to accomplish the prescribed services contained in the "Scope of Services" section above, but also shall be dependent on the Agency's ability to garner available funds from its budget to support the Chamber. D. FINANCIAL COMPENSATION BY AGENCY In consideration of the Chamber's performance of the above services, and under the terms of this Agreement, the Agency shall pay the Chamber the sum of twenty five thousand dollars and no cents ($25,000.00) in order for the Chamber to accomplish the specific scope of work identified in Section B, subsections 1 and 2. This sum of money shall constitute the entirety of Agency's financial contribution to the Chamber during the effective dates of this Agreement (July 1, 2003 to June 30, 2004). Chamber shall invoice the Agency on or before August 15, 2003 and within 10 business days thereafter the Agency shall pay the Chamber contract price of $25,000. E. INSURANCE AND INDEMNIFICATION During the term of this Agreement, the Chamber agrees to indemnify and hold harmless the Agency, its officers, agents, and employees from and against any and all claims, losses, defense costs, or liability of any kind or nature which the Agency, its officers, agents, and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property as a result of, arising out of, or in any manner connected with the Chamber's performance under the terms of this Agreement, excepting only liability arising out of the sole and active negligence of the Agency. Without limiting the Chamber's indemnification, it is agreed that the Chamber shall maintain in force at all times during the performance of this Agreement, the following policy or policies of insurance approved by the Agency and issued by admitted California insurers approved by the Agency covering its operations: 1. Comprehensive General Liability, including contractual liability, products, and completed operations and business automotive liability, all of which shall include coverage for both bodily injury and property damage with a combined single limit of one million dollars ($1,000,000). 2. Worker's Compensation coverage at statutory limits. . The certificates of insurance and endorsements shall be completed to the satisfaction of the Agency. Should the Chamber fail to comply with this paragraph then; the Agency shall have the right to immediately terminate this Agreement without further notice to Chamber. F. RELATIONSHIP BETWEEN CHAMBER AND AGENCY Nothing in this Agreement shall be construed as making the Chamber or any of its employees or representatives, the agent or employee of the Agency for any purpose, or any employee of the Agency an employee of the Chamber or creating between the Agency and the Chamber the relationship of legal partners or joint ventures. It is understood that the contractual relationship of the Chamber to the City is that of an independent contractor. G. TERMINATION FOR NON-PERFORMANCF Except as provided in paragraph D, if any party to this Agreement breaches any provision thereof, then the other party may give the defaulting party a notice to remedy such violation within thirty (30) days. The other party may terminate the Agreement: (a) if such violation is not remedied within said 30 days; (b) if the breach cannot be remedied within such time period; or (c) the defaulting party has not commenced efforts to cure the breach or fails to diligently complete steps necessary to cure the breach. Should this contract be terminated for breach on the part of the Chamber, compensation as provided in paragraph D, shall be refunded to the Agency on a prorata basis. A waiver by either party of performance of any provision of this Agreement shall not amount to a future waiver of the strict performance of such provisions or of any other provision of this Agreement. H. NON-PERFORMANCE DUE TO CONDITION BEYOND CONTROL OF PARTIES If either party is unable to perform its obligations under this Agreement due to conditions beyond its reasonable control, such as, but not limited to, changes in local, state, or federal laws or regulations arising form legislative changes, judicial interpretations of existing law, vote by the citizens of Ukiah, or administrative action, and not due to the fault or neglect of any party, such failure to perform shall not be deemed a violation of this Agreement provided the party whose performance is so prevented performs its obligation as soon as practicable after the occurrence of the event preventing performance under this Agreement. Such party shall use reasonable diligence to put itself again in a position to carry out its obligations hereunder, and in the event such party does not or cannot within a reasonable time put itself again in a position to do so, the other party may, at its option, terminate this Agreement. I. MISCELLANEOUS PROVISIONS 1. WAIVER OR MODIFICATION INEFFECTIVE UNLESS IN WRITING No waiver or modification of the Agreement or of any covenant, condition, or limitations herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. Furthermore, no evidence of any waiver or modification shall be offered or received in evidence in a proceeding, arbitration, or litigation between the parties arising out of or affecting this Agreement, or the rights or obligations of any party hereunder, unless such waiver or modification is in writing and duly executed. The provisions of this paragraph may not be waived, except as herein set forth. 2. SEVERABILITY In the event any section, subsection, provision, or clause of this Agreement or any combination thereof is found to be unenforceable at law, inequity, or under any presently existing or hereafter enacted legislation, regulation, or order of the United States, any state or subdivision thereof or any municipality, those findings shall not in anyway affect the other sections, subsections, provisions, or clauses of this Agreement, which shall continue in full force and effect, and the unenforceable provisions shall be interpreted in a manner that imposes the maximum restriction or obligation permitted by applicable law. Every provision of this Agreement is intended to be severable. If any term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement. 3. NOTICE Whenever notice is permitted or required by this Agreement, it shall be deemed given when deposited in the U.S. Mail with proper first class postage affixed thereto and addressed or personally delivered to: Ukiah Redevelopment Agency Attention: Executive Director 300 Seminary Ave. Ukiah, CA 95482 Greater Ukiah Chamber of Commerce Attn: CEO 200 South School Street Ukiah, CA 95482 4. DUPLICATE ORIGINALS This Agreement may be executed in one or more duplicate originals each bearing the original signatures of the parties. When so executed, each such duplicate original shall be admissible to establish the existence and terms of this Agreement. 5. AUTHORITY The parties hereto acknowledge that they have the authority to execute this Agreement on behalf of the entity that they represent as herein set forth below. 6. ARBITRATION (a) All claims or controversies, disputes and other matters in question arising out of or relating to this Agreement or the breach hereof, shall be decided by binding arbitration. On the written request of either party served on the other party shall be submitted to arbitration. Arbitration shall comply with and be governed by the provisions of the California Arbitration Act. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with the laws of the State of California in any court having jurisdiction thereof. Arbitration shall be conducted at a situs in the County of Mendocino, State of California. (b) The arbitrator shall be a person mutually agreed upon by Chamber and Agency within 30 days notice of either party's request for arbitration. If the parties cannot agree upon an arbitrator, they shall each appoint one arbitrator. The two persons so appointed shall select a third impartial arbitrator whose decision shall be final and conclusive upon both parties. (c) The charges, expenses and fees of the arbitrator(s) shall be borne and paid fifty (50%) percent by the disputing party instituting the arbitration and the balance by the other party. The cost of arbitration shall be borne by the losing party or in such proportions as the arbitrator decide. At such time as the arbitrator determines who is the prevailing party, the prevailing party shall be entitled to an award, which represents the charges, expenses and fees of arbitration, and an award for attorney fees and costs. (d) Notice of demand for arbitration shall be filed in writing with the other party. The demand for arbitration shall be made before the date when the institution of legal or equitable proceeding based upon such claim, dispute or other matter would be barred by the applicable statute of limitations. By the parties initials below each of them hereby acknowledges that they have read, understood and agree to be bound by the arbitration provisions stated herein above. GREATER UKIAH CHAMBER OF COMMERCE UKIAH REDEVELOPMENT AGENCY , Board President Candace Horsley, Executive Director 7. ATTORNEY'S FEES AND COSTS If any action is commenced, whether suit is filed or not, to enforce or interpret the terms of this Agreement, or to determine if the contract has been breached, the prevailing party shall be entitled to reasonable attorney's fees and costs, and necessary disbursements in addition to any other relief to which that party may be entitled. This provision shall be construed as applicable to the entire contract. 8. ENTIRE AGREEMENT This Agreement supersedes any and all other agreements, either, oral or in writing, between the parties hereto with respect to the terms and conditions contained herein, and contains all of the covenants and agreements between the parties with respect to this Agreement in any manner whatsoever. Each party to this agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreements, statement, or promise not contained in this agreement shall be valid or binding. 9. GOVERNING LAW AND JURISDICTION of the State. This agreement shall be governed by and construed in accordance with the laws State of California as they apply to a contract entered into and performed in that Jurisdiction shall be in Mendocino County, California. 10. PLAIN MEANING This Agreement shall be interpreted in accordance with its plain meaning, neither for nor against any party. 11. HEADINGS AND CONTEXT The headings of this Agreement are inserted for convenience only and do not define, limit or extend the scope or intent of this agreement or any provision thereof. When the context permits, a word or phrase used in the singular means the plural and when used in any gender, its meaning also includes all genders. 12. MERGER This Agreement constitutes the entire understanding between the parties as to the terms and conditions contained herein, all previous understandings being merged herein. 13. ADEQUATE ASSURANCES Each party shall execute, acknowledge and deliver such additional documents, writings or assurances as the other may periodically require so as to give full force and effect to the terms and provisions of this Agreement. 14. CONSTRUCTION OF AGREEMENT This Agreement has been reviewed by separate counsel for both parties. Any ambiguity existing in this Agreement shall not be construed against either party as the drafter of this Agreement. 15. TIME Time is of the essence of this Agreement. 7 Acknowledgement: IN WITNESS WHEREOF, this Agreement is executed by the Ukiah Redevelopment Agency and the Greater Ukiah Chamber of Commerce, by their duly authorized representatives, on the day and year first above written. BY SIGNATURE HEREUNDER, THE PARTIES ACKNOWLEDGE THAT THEY HAVE THE AUTHORITY TO BIND THE ORGANIZATION ON WHOSE BEHALF THEY EXECUTE THIS DOCUMENT; READ THIS ENTIRE AGREEMENT; HAVE A CLEAR UNDERSTANDING OF THE OBLIGATIONS, RIGHTS, DUTIES, AND LIABILITIES WHICH ARISE AS A RESULT OF THEIR EXECUTION BELOW; AND ARE IN RECEIPT OF A COPY HEREOF. GREATER UKIAH CHAMBER OF COMMERCE UKIAH REDEVELOPMENT AGENCY Teri UIIrich, Board President Candace Horsley, Executive Director ATTEST: Shannon Riley, Redevelopment Agency Secretary 'TI Law Offices Of RAPPORT AND MARSTON An Association of Sole Practitioners 405 W. Perkins Street P.O. Box 488 Ukiah, California 95482 e-mail: drapport@pacbell.net David J. Rapport Lester J. Marston Scott Johnson Mary Jane Sheppard MEMORANDUM (7O7) 462-6846 FAX 462-4235 TO: FROM: DATE: SUBJECT: Candace Horsley, City Manager David J. Rapport, City Attorney July 10, 2003 Chamber of Commerce You have asked whether it is lawful for the Redevelopment Agency to provide funds to the Ukiah Chamber of Commerce, where the Chamber endorses candidates in local elections and takes positions on legislation and other public controversies. CONCLUSION The Chamber's political activities do not prevent the Redevelopment Agency from contracting with the Chamber for business promotion and other services. ANALYSIS The Chamber of Commerce is a non-profit mutual benefit corporation. For the last fiscal year, commencing July 1, 2002, it contracted with the Ukiah Redevelopment Agency to provide specified public relations and marketing services, Ukiah Valley Conference Center receptions services and to produce and participate with the City in conducting specified community events, such as the All American Fourth of July Afternoon Picnic, the Ukiah Country PumpkinFest and the Small Town Christmas celebration. As compensation for providing these services, the Redevelopment Agency paid the Chamber $25,000. I understand that the Chamber or officers of the Chamber took positions in a recent election supporting certain candidates, and that the Chamber from time to time takes positions on pending legislation and other public policy issues affecting its membership. The question is whether the Redevelopment Agency may provide public funds to an organization that engages in these political activities. The prohibition on lobbying and promoting candidates for public office which affects the tax exempt status of charitable non-profit organizations (exempt from income tax under 26 USC §501(c)(3)) does not apply to chambers of commerce which are exempt from federal income tax under §501(c)(6). (See also 26 USC §504.) The City cannot use its funds to directly endorse a candidate or a ballot proposition in an election. (Mines v. Memorandum to Candace Horsley, City Manager Subject: Chamber of Commerce Dated: July 10, 2003 Del Valle (1927) 201 C.273; Stanson v. Mott (1976) 17 C.3d 206.) However, the City has authority to use public funds to promote the City and contracts with Chambers of Commerce for those purposes have been upheld. (See Sacramento Chamber of Commerce v. Stephens (1931 ) 212 Cal. 607.) The Contract between the RDA and the Chamber provides funds for specified services. The RDA funds are used to purchase those services. The funds are not used to promote candidates or ballot measures, even if the Chamber engages in those activities. The Chamber is obligated to perform the services specified in the contract for the consideration provided in the contract. As long as it provides the services in compliance with the contract, its use of its funds for any purpose involves the use of Chamber funds by the Chamber; not the use of public funds by the City or the RDA. See, e.g., Attorney General Opinion No. 02-808 (Feb. 20, 2003) [non-profit mutual benefit corporation providing business promotion services for county, relying primarily on the county for its source of income and engaged in activities that are beneficial to the county's interests, lacks the "public" character of a nonprofit corporation that is "operated on behalf of" the county within the meaning of state statute providing the county grand jury with authority to inspect the records of nonprofit corporations operated on behalf of the county.] ExecuL'iw C~ai,-man Jim Mulheren Ukiah Custom Cabinets I -lr.~t VIc~ Bruce Foster beconcJ V~ce C~airman John Lattimore State Farm Insurance Elaine Richard MoFocomo Industries Immediate Past C~airman Teri Ullrich Notional Bank of the Redwoods ~ar~ o~ Dir~rs ~ory Browley Ukioh Unified School District B~rnodette Byrne McDowefl Volley VineFords Christine Dillard LPL Rnonciol Se~ices Carmen ~leoson Hoplond Sba Ko Wot Casino Kevin McOonnell Ukioh Daily Journal Jorrod McNoughton Uk~oh Volley Medical Center Sue Potel ~omodo Limited Rod Poyne Mendo Lake Office Products John Robertson Robertson & Associates Ex O~cio Direct, ors Marl Rod~n Council Member, City of Ukiah Hopper & Rodin Associates Richard Shoemaker Mendocino County Supervisor Green Lion Nursery Elizabeth Brazil President & CEO Bill McKenzie Membership Director Debbie Woodworth Operations Coordinator Greater U~.ia~ Cham[~er of Commerce 200 South School Street /~ ~/'~T/) ~/--//??/£,UF ~_~ URic]h, GA 95482 (707) 462-4705 fc]x (707) 462-2088 www.ukic]hchc]mber.com info@ukic]hchc]mber.com June 12, 2003 Ukiah City Council 300 Seminary Avenue Ukiah, CA 95482 Dear Mayor Larson & Council Members, The successful public/private partnership shared by the Greater Ukiah Chamber of Commerce and City of Ukiah has gone far to benefit both entities. The Chamber's Board of Directors looks forward to the continuation and further development of this relationship for the overall betterment of the Community. Following is a synopsis of the accomplishments of the Chamber of Commerce in relationship to the areas outlined in the 2002/2003 Service Agreement. The Chamber serves as an information clearinghouse for the business community and is the first point of contact for businesses looking to develop or relocate to the area. With this in mind, the Chamber is approaching the promotion of business retention and expansion through a variety of avenues. In addition to providing the traditional relocation, economic and demographic information to inquiries, the Chamber has nearly completed a total renovation of the Chamber website. The new website has a number of expansions, we now have an entire section dedicated to how to do business in the Ukiah area; where to obtain required permits; an extensive list of contacts for additional information and resources; and a business plan outline as well as links to areas where a web visitor is able to construct their own business plan. There will also be an online store where businesses will be able to purchase human resources tools, employee poster sets and labor law information as well as additional business resources online from the Chamber. Businesses interested in relocating to the area will find even more in-depth information about area businesses, amenities, schools, healthcare, housing, etc. We have also made substantial changes to the database search capabilities online so that a web visitor will be able to access information about our existing local businesses more readily. The Chamber continues to disseminate the brochures produced by the City for business attraction and development and has relayed those inquiries for follow up to the Assistant City Manager or appropriate City staff. The Chamber has representatives from the Board of Directors participating in the Economic Development and Financing Corporation, Workforce Investment Board, the Employers Council of Mendocino County, North Coast Builders Exchange, Mendocino County Alliance, the Youth Council, Comprehensive Economic Development Strategy (CEDS) Committee, Mendocino County Homeless Services Planning Group and the Ukiah Skate Park Committee. The Chamber has continued its educational partnership with the College of Mendocino to provide the existing business community an opportunity for low cost employee and managerial training programs. These programs are designed with the following goals in mind: they are to provide information to businesses that will increase their potential for long term development and success; and also to further educate the business community on the training opportunities available through the College and the Contract Educational Program. We have focused a number of this year's programs on employee performance and development with an upcoming seminar on selecting and retaining top employees. In addition to these seminars, the Chamber has been working with the local HR Roundtable Group to promote the human resource focused seminars that they present monthly. Due to the success of the recent Local Issues Forum produced by the Chamber, we are working to develop quarterly dinner meetings where presenters will speak to areas of local interest and concern. If well received, these speaker sessions will be held more frequently as participation warrants. The Chamber will also continue with the legislative and regulatory awareness seminars, which cover changes effecting business in employment, insurance and business law as required by State and Federal laws, regulations and mandates. The Chamber is also intending to continue our collaboration with West Company on the annual Business Capital Workshop for new and existing business and is looking into expanding that partnership further. The Chamber is currently working in partnership with the Employers Council and the North Coast Builders Exchange to produce a Workers' Compensation Workshop. This workshop will not only address the current situation businesses are facing concerning workers' comp but will also provide some direction for businesses who seek ways they may lower their current workers compensation premiums other than by reducing their labor force which is one alternative many businesses throughout the State face. Chambers across the State are stepping forward as a voice for their business community and our Chamber has made the choice to do so as well. On a state level our Chamber has become very active in working for workers' compensation reform; becoming involved with the Coalition for California Jobs and working for reasonable healthcare solutions. On a local level, although our areas of main focus remain housing, water and employment, in addition to working on these areas, the Chamber was a participant in the coalition to Save Ukiah Air Attack and took a large step with the Board of Directors choosing to endorse candidates. In navigating the political waters, it became apparent that the Chamber must become better informed, communicative, and standardized in its approach. Currently members of the Business Advocacy Team are drafting the policy and procedures for future positions and endorsements of issues and candidates for review and adoption by the Board of Directors. If the Chamber Board of Directors chooses to continue forward in this action, there will be a policy and procedure in place that can be provided to all members, issue advocates and candidates. In keeping with the Chamber's promotion of visitor development and tourism, the Chamber has managed approximately 21,500 inquires and requests for visitor or relocation information through our offices. These have been through telephone, written, email and walk-in inquiries. In addition to the inquiries handled through our office, the Chamber has provided approximately 1,750 packets of information used for tourism promotion or recruitment by the Ukiah Unified School District, Mendocino College, Ukiah Valley Medical Center, Mendocino County Schools, Lake Mendocino Recreation Park, the Mendocino County Alliance, other area chambers of commerce, traveling RV clubs, and various local real estate offices. The Chamber also maintains tourism and relocation brochure displays at the Ukiah Valley Conference Center for use by visitors to the facility. The enhancement of the Chamber website provides additional opportunities for tourism and relocation promotion. The new version of the website, provides more in-depth information for those looking to visit or relocate to the area. With expanded information on schools, healthcare and area services, those interested in relocating will have ready access to information they need about major areas of concern. Visitors will more easily be able to navigate through the website and find information about local attractions, recreational opportunities and cultural assets found in our community. The online calendar has been expanded to include an area where people may submit their events for posting; a separate calendar has been developed for Chamber information as well as for local organization meeting times and places. We are working with our membership to provide residents and visitors special offers at participating businesses and descriptions about area businesses. For those new to the area, ready-made maps and directions to certain participating businesses are available. In addition to providing a great community resource, our intention is to provide residents a reason to keep their shopping dollars local. If they can easily find the product they need right here in town, and maybe even at a discount though the Chamber coupons, why drive the 60 miles south to get it elsewhere? The Chamber has also purchased and installed tracking tools to allow us to analyze how the site is being used and by whom. In addition to enhancing our marketing through the web, this past year the Chamber's Marketing Committee developed, published and began to distribute a new, current map of Ukiah and surrounding area. This is the first comprehensive map of Ukiah, Redwood Valley, Potter Valley, Hopland and all points in-between to be developed in 6 years. We have distributed the map to businesses throughout the area, are working to get it into various retail locations, have donated copies to local public safety organizations and are distributing the map from our offices and over our new website. The Chamber is currently updating and submitting information for the Ukiah Lifestyles, the publication produced annually in partnership with the Ukiah Daily Journal. The Ukiah Lifestyles is distributed to all Ukiah Daily Journal subscribers in July and is utilized by the Chamber as one of the main promotional pieces for the area. Again this year the publication will represent the resources, recreational opportunities and cultural offerings in the area. The Ukiah Daily Journal manages the physical development and layout of the publication. The Chamber also takes advantage of marketing opportunities through the Visitor Guide publication. The Chamber and the Mendocino County Alliance (MCA) have continued their mutually beneficial relationship and again this year our association has generated some excellent exposure opportunities for our area. Ukiah and Hopland were recently highlighted on the Sunset Magazine website in the driving tours section. The information on the site linked to an article produced in the April 2002 issue of the magazine; the MCA website links the Chamber's website to provide visitors additional information on the Southern Inland Mendocino County, it is the MCA website that is aggressively marketed throughout the Bay Area and Sacramento Valley. One of the most important projects the Chamber has been involved in this year in relation to MCA is the development of a stable, continuous, private funding source for County tourism promotion to augment the funding obtained through County TOT dollars. Currently 1 in 5 jobs in Mendocino County come from the tourism industry. Growth in this industry will only strengthen our county's and our individual communities' economies. The Chamber has dedicated substantial staff time and resources to this endeavor. The MCA is an association of associations and the Chamber maintains a representative on the MCA Board of Directors. The Chamber has representation on MCA's committees for the development of a County-wide Marketing Plan; Tourist Directional Signage program for the area; on the committees for Mendocino Bounty, the Crab & Wine and Wine & Mushroom Festivals and for the development of the County Travel Planner publication. To assist the MCA, the Chamber also participated as a sponsor of the Mendocino County exhibit in the Counties Building at the California State Fair. Over 1 million visitors are either introduced to or reminded of the many offerings of Mendocino County through the development of that display each year and the Greater Ukiah Chamber of Commerce was one of three sponsors with information to distribute to attendees. The Chamber continued to manage the reception area of the Ukiah Valley Conference Center. The reception area is open Monday through Friday and community volunteers staff the reception desk an average of 16 hours per week. Our volunteers are invaluable as the majority of our volunteers are long time Ukiah residents and are able to add their own special experiences and observations when addressing visitors' needs. When volunteers are not available, the Chamber staff performs reception duties in addition to their regular responsibilities. The utilization of volunteers for this particular activity is a benefit for both the Chamber and the Conference Center. The volunteers are able to completely focus their attention on visitors to the building and address their needs without feeling pressured by other obligations. Anyone accessing the Conference Center or its tenants is well served through this system. The Chamber has achieved substantial growth and success over the past few years and the partnership with the City of Ukiah is an important aspect of that success. Although the services rendered by the Chamber exceed the compensation received, community economic conditions are such that the Board of Directors will not seek an increase in the current level of funding ($25,000) for the 2003/2004 fiscal year. The relationship that has been developed between the City of Ukiah and the Chamber is one that our Board of Directors intends to preserve and desires to continue to enhance and develop in the future. Sincerely, Elizabeth R. Brazil President & CEO