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Home My WebLink About2003-08-20 Packet CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 August 20, 2003 6:30 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF MINUTES a. Regular Meeting of June 4, 2003 b. Regular Meeting of June 18, 2003 4. 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. 5. 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 July 2003 b. Adoption of Resolution Setting the Limitation on City Expenditures for Fiscal Year 2003-2004 c. Notification to Council Regarding Purchase of Electric Meters From Wesco In The Amount of $9,590.72 d. Report to Council Regarding Services Agreement With Ukiah Valley Association For Habilitation For Landscape Maintenance At the Ukiah Regional Airport in the Amount of $7,500 e. Allow Individual Claim For Damages By John Templeton and Refuse to File or Act on Class Claims as Untimely or Not in Compliance with Claim Filing Requirements f. Report to Council Regarding the Execution of a Contract With 'I'.M. Herman & Associates, Inc., For Professional Land Surveying and Related Services, in the Amount Not to Exceed $10,000 6. 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. 7. UNFINISHED BUSINESS a. Introduction of Revised 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 b. Introduction of Ordinance Amending UCC Section 1203 8. NEW BUSINESS a. Adoption of Resolution Making Appointment to the Parks, Recreation, and Golf Commission (Joe Chiles) b. Discussion and Possible Direction Regarding Noise-Baldwin/Andersen c. Approval of Letter of Support for Legends of The Redwoods Event d. Consideration of City Clerk's Position e. Verification of League of California Cities Voting Delegates and Consideration/Direction Regarding Annual League Conference Resolutions 9. COUNCIL REPORTS 10. CITY MANAGER/CITY CLERK REPORTS 11. CLOSED SESSION 12. ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. P u bl, i~i'~ i~=~kS Dire accomplish~~ year. MINUTES OF THE UKIAH CITY COUNCIL 3a REGULAR MEETING WEDNESDAY, JUNE 4, 2003 The Ukiah City Council met at a Regular Meeting on June 4, 2003, the not~ce~?,~leh had been legally noticed and posted, at 4:02 p.m. in the Civic Ce~?~o~!i~ Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken an.~i~.i~:~followin~ Councilmembers were present: Rodin, Andersen, Smith, Baldwin, aD~ ~D[: Larson (arrived at 5:20 p.m.) Staff present: Public Utilities Director Barne~i Bua, Interim Fire Chief Cohn, Community Services Director De~blough, :~i~ce Director Elton, Civil Engineer Eriksen, Risk Manager/Budget ~i~:r Harrisl ~ Manager Horsley, Accounting Manager McCann, City AttQ[n,,ey Rap~ Community Services Supervisor Sangiacomo, Deputy Director of P~bii:~'~i'::~.'~rks S~or, Museu~ : Director Smith-Ferri, Public Works Director/City Eng, i,:~ St~ib, Planning Director:.::.:: Stump Police Chief Williams, and City Clerk Ulvila. , 4:00- 6:10 p.m.' Review of Fiscal year 200~~, Bud_qe~ ~complishments and Objectives for Various City Functions ...... ~;~?~i~~ P LA N N I N G Planning Director Stump highlighted some of the Pl~igg and Building Division's accomplishments during the past fiscal year and objecti~?~or the 2~03-2004 fiscal year. One of the Planning DivisiQnlS major objectives for pursue grant funding. An objective to im klist and provide mor~:i?ii~~'ation to builders and developers as to what s .~[~e ng Division waS.~:~:~i§cussed Councilmember Andersen~'inquir~ i~bout th~,;i~i~ Of a housing strategy plan in which staff replied that it would be~iiiS~veloB~i?f'n the h':~8~i~ element. Discussion contiQ~,:~:~,.:~:~ith regard to s ~8 unit houSi'~g, accountability of departments to meet the.i~i::i ~, each year,~?::~hd how the City Manager oversees each Steele reviewed the Engineering Division's year and objectives for the 2003-2004 fiscal ~~!i!~ember A'~[se~ discussed the possibility of City Staff working with the Cou~i~ regard to ~:~ ~'~ment Management System (PMS). Director ~le advi~"~'that staff has worked with MCO6 and that the PBS is not coordinated~:ii~h the County since the City makes a list of street repairs only within the City limits..~.~on questioning by Councilmember Andersen with regard to sidewalk repairs, she ~plained that a sidewalk inventow needs to be completed before staff can :.~.~;..~etermine."~ amount of repairs needed. Upon an inquiry by Councilmember "Bldwi~:~ ~;~e explained the City's policy for sidewalks for second units. Regular City Council Meeting June 4, 2003 Page 1 of 17 STREET MAINTENANCE Public Works Director Steele discussed the watering schedule for trees planted along State Street last year. Aisc discussed was the RELEAF program, street sweeping program, and stamping the intersection of State and Perkins Streets. C O R P O RATIO N YARD Public Works Director Steele discussed the completion of soil eh~"~?~i~U,ndwater investigations, filing of a work plan with the Regional Water QualitY::~:~ntr~)l:"~ard for proposed mitigation efforts, and enlisting the services of a c~t~actor to contaminated soil in the area of the old tanks. · SOLID WASTE DISPOSAL Public Works Director Steele discussed the acco~ ....... ~: under Solid Waste Disposal and noted that staff will continue to moni disposal site for necessary maintenance, ii ...... Councilmember Rodin noted that no comm~i~i~;ii~:"~cling~b~i~'~'~i':~e at gas stations to dispose of used oil cans, Director Steele advised that staff works with Solid Waste'::::~agement~:and Mendocino Solid Waste Management Authori MSWMA) regarding rec~g:.e ~:~for residential City Manager Horsley ed~?~?~;~h....~::at at;WMA ~:eting, representatives were asked to prepare a list:of im~::.:..', and education and focus on commercial propeAies were listed?:~?~AS a ~ F I N A N C E Finance Di ~cussed the d~:~ioD~Df the Finance Depa~ment that include Purchasi,~::'~?ihformation ~1< gy, Billi~:~:~=~ Collection. Impo~ant objectives ne~ year fo[~: ~ Finance D~ ,nt will be ~:?~reparation of an initial plan for GASB 34 infra~~e?.~assets an~:~::~:~:'Continued development of new accounting incilmembe~:~dersen expressed an interest in having the City Council agenda ,: or at leaS{::~?~:~ta~:~::~;RepoAs, posted to the City's web site. He discussed the ma~~ ~:~:he City W~B~ ~ith the County with regard to computer problems and training:~~ms, as ........................... i~:~:~:~:: be:: more cost effective in the long run. City Mana~ HorsleY explained that staff met with Jay dohnson from the County about a month ag~ ~hd they will provide the City with an hourly rate. City staff may be able to use more tr~i~ing and the use of the County's technicians to assist with problem solving ........ at t~: City :::: Issues . A.D D SPATCH Po!~::Chief Williams advised that during the past fiscal year, the Police DepaAment ha::~:~:::~ocused its effoAs on enhancing its abilities to interest local individuals in the Law Regular City Council Meeting June 4, 2003 Page 2 of 17 Enforcement field as recruitment continues to be a critical issue for law enforcement Statewide. He discussed the cadet program and noted that Police Captain Walker is now teaching a class at Ukiah High School and six officers are teaching cia at Mendocino College. Recently three employees were certified as bilingual the total to five bilingual employees within the Department. Councilmember Andersen discussed the objectives for the commun ~e team and how it could be improved in conjunction with the traffic safety Chief Williams responded that it depends on funding and when m~i:s availa~l~i would hire more officers for this type of program. He discu~d wor~i~:~ith develop and promote local training to meet mandated tr:aii~i~ ~e.quirem~:~ts, enhancb officer skills, and develop POST approved officer instru~'::wi~:i~ ~,:its agency. They no longer receive reimbursement for this program, ho~e~:; the liability requirements fo~ training continue. Last year they began training :~ff~brs in-hOUse and worked with th~ Mendocino County Sheriff's Depa~ment and ot ncies. Councilmember Rodin suggested an additional ob to continue Accomplishment #3, "As part of plann establishment of outreach programs and development and minority recruitment program candidates." Department would be minority groups, begin programs g year. Discussion followed with available to officers. Res( also discussed. FIRE DEPT. Interim Fire Ch current fiscal Managementi?~;:iP'togram establish :~plete com 5:2~ com and ~,i:~,:~ertification program ant~:bf Latino officers were Departments Accomplishments for the one phase of the West Hills Vegetation A high priority for next year is to requirements. meeting. Chief Cohn and sq for Di need,, to discuss the objectives for re-assessing the ambulance fee as appropriate and establishing stable revenue sources such as g permit fee, and pursuing Federal and State grants ELECTRIC Public Utili: regarding Director Barnes responded to an inquiry by Councilmember Rodin undergrounding of utilities as an objective for the next fiscal year by fund could be set up and Council would need to determine how those be spent. He cautioned that it could be expensive to underground utilities, include engineering costs, trenching, coordination with other utilities, and th to customers hooking up to the City's system. Declaring an underground utility district to require other utilities to underground was briefly discussed. Regular City Council Meeting June 4, 2003 Page 3 of 17 Councilmember Andersen suggested that since the franchise agreement with the cable company is currently being negotiated, perhaps a clause could be included iin .the agreement regarding undergrounding. He stated that he would like to see an ~bi~tive of the Division to pursue further solar projects in the City limits. Director Barnes explained that the Electric Division has been workin,g::~iS~!~;: ~ith the Finance Department on objectives and reviewing the Public Benefits~d~d. WAT E R Director Barnes discussed continuing the water conservati~D~:,=~progra~:'~!~,~:"iiDi¢luding w~ treatment plant tours for children, and the completion .9~=?~:!~:iD~tallati~=':: of four neTM laterals at the Ranney Collector. He continued to discUSSed Obj~ives for the coming year and fielded questions regarding anticipated costS:~,~:'=upgrading the water treatment plant. The possibility of increasing water rates in ini~b~ental rates was also discussedl SEWER Director Barnes discussed Accomplishments and O~j.~i~e:s for the Sewer Division. There was a brief discussion regarding the use of reclai~ water and researching for grant money. COMMUNITY SERVICES PARKS Community Services Di completed planting more than 200 Mendocino RELEAF. He reported working with the City to upgrade t~'~t the Parks Division ,stem in coordination with expressed an interest in u pmen~'~',:~'~the parks. U KIAH VA L LE~iiili~ON~ER E N C E C E N TER Community ~:'~rvice~i!'~ =irector DeK:~b!,,~h reported that the Ukiah Valley Confere~:~:'~Center has ~ieved 100%od~',~'cy of office space. Next year their goal is to i,~se a markei~ pa~nership ~~en the Center and the lodging indust~, conti~::~::'~'~:~:::~seek ~ ~?~ ~e:::~:~:::ge~e~ting oppo~unities, and develop stronger pa~n e rsh i p~:~:~:. 9~:~::~:~::~~:~:~i lities. :: DiScussion folloW~::~:~concerning maintenance needed at the Center that entails capital e:~~:itg~:~e~. There was a suggestion that there be an objective be include:in the budg~~:ian anticipated changes, marketing, and repairs to the . Center. :~li Was noted :t~at~: most conference centers have hotels aEached to them and the City's ~erence ~nter does not have accesso~ type functions available. RECREATI~~: DIVISION ~::::~:::.~::: :Communi~:~:~::Sewices Supervisor Sangiacomo discussed the kinder music class for :?:::::~:~bildren :~:~a~r five years of age and ne~ year they would like to focus classes for CO~ilmember Smith recommended that an additional objective be to initiate talks with the County concerning joint efforts to provide recreation activities in the Ukiah area. Regular City Council Meeting June 4, 2003 Page 4 of 17 Supervisor Sangiacomo explained that the County has no staff to deal with recreation activity issues. Approximately 66% of those attending the City's activities live :::~side the City limits. Discussion followed concerning the need for a park and recreation distriq~:?~:~'the entire valley and the nonresidential fee for recreation programs. Councilmember Rodin discussed obtaining grant money for ~ities for ehi!d[en under five years of age. She also noted that it would be good to ha~'~;~ ~Ublic infor~A~iSn, notifying people to pick up after their dogs in the parks Supervisor Sangiacomo explained that the Recrea~i~ :~ivi~i~:~ recently purchased dog waste containers and the City's Animal Control ::Will look'into the leash control law. He went on to discuss a public education cam::~Ai~h concerning animals. AQUATICS Community Services Supervisor Sangiacomo di~~e~?~?'~e Aquatics Division and explained that they will continue to explore new opport~!~:to expand programs and increase revenue. Discussion followed concernin ~':~:~::~ ....... ips for the swim I:)~~?~:and how other agencies assist in funding, Lsa and the Me~ino County Social Services Department. Poc was n°t~:~ that there might be funds available through the ~obacd~i?~ax M U S E U M Museum Directo~[:,~:::~::~Smith-Ferri disc~~~ Accompli§hments and Objectives for the Museum. She~i~ ,the upcomin~:~ ~hamber of Commerce Mixer that will be held Counci]~mber Smit~ii ~ted that the ~ure for the Crafts of Mendocino County exhi~?/~:~i~ ~:~ imp..~ ii ::~:~:~i: AI R P O R T Manager'::~::::,i]~ advised that the Airport secured a FAA infrastructure grant for :'~.:: ~ii~:~?:i~provemen'~ ~,a~Oximately $800,000. The auto parking area doubled its capa:~ ~d they are'¥~ ~ ~i~al stages of the Airport Lane Use Development Plan. Councilm~ber Bal~'i:'n expressed concern that some pilots do not adhere to the Quiet Flyingi~:~nes within the City and inquired about posting signs on the taxiways. Considerabl~ ~iscussion followed relative to some of the Councilmembers' concerns for the Quiet:~i~ing Zones and how to deal with violators. Councilmember Baldwin was ~f ~e ?i~i~n that most of the offenders are commercial carriers. Aircraft traffic patterns a~,ii:.~':~i~t limits for flying were also discussed. ReCessed: 6:25 p.m. Regular City Council Meeting June 4, 2003 Page 5 of 17 Reconvened: 6:40 p.m. 2. PLEDGE OF ALLEGIANCE Joy Beeler led the Pledge of Allegiance. 3. INTRODUCTION 3a. Introduction of New Employee' Public Services Worker, Jerry 3-A Community Services Director DeKnoblough introduced Jerry Si~i~: who Public Services Worker, aka Animal Control Officer. Mr. Smith ~:~:~,been emPl~ approximately two months and has been very effective in assuming ~ animal co~fbi duties from the Police Depa~ment. He has also been trei~ ~jth Me~cino Count~:'~ Animal Control staff Jerry Smith thanked the City and hoped to be wit~:~=:City fo[:::?a::long time. 3. PRESENTATION 3b. Presentation By Jay Johnson Regarding Vid~D~:Ee~iPment For Cable Broadcast of City Council Meetings Jay Johnson, Director of Information ~e~ices (IS) for Meha~Di::Do G~hty, discussed meeting with City Staff and C, ,mber Andersen to re:~~ ~:~e purchase of equipment and identi~ to implement c~??broadcast of City Council meetings. He tails::::~f::~?~?~:~:~d0us types ~:6f~;:equipment available, estimated costs, and identifi6d several option~ ~;~:~G:ity:: to consider. He provided a live video demonstration to the CounCil 4. APPROVAL OF MINUTES 4a. Regula[~M~~:~f May 7, ::::::::::::::::::::: ;:~ :::::. ~:::. ~ ~ ~ ..... Councilme~;6er Smit~':::~Sted a typogra~i~J ~:~ror on page 8, fiEh paragraph, should ~ex~:' E~ffe~ and ~=~rey McCIoud =~Ee against any City Council action that concems===.~hePat ot .................. so e errors s,e submit the corr~Y~ns to the City Clerk for revision. 'Rodi'~::~?~p:=~ihg the regular meeting minutes of May 7, 2003, as by ~?~llowing roll call vote: AYES: Councilmembers Rodin, MaTor arson. ,OES: ,one. ,one. ABSENT: ~=e. 5. RIGHT ~Q::?APPEAL ~ Mayor Lar~n read the appeal process. := 67~???~ ~Q~E NT CALE N DAR M~?:Smith/Andersen approving item "a" of the Consent Calendar as follows: Regular City Council Meeting June 4, 2003 Page 6 of 17 a. Rejected Claim for Damages Received From Richard H. Winkler and Referred to Joint Powers Authority, Redwood Empire Municipal Insurance Fund. Motion carried by the following roll call vote: AYES: Councilmembers Rodin, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN' None. ABSE~!~= =N°'~='~ 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS 3-A118 The following individuals addressed the City Council in Spanish and~::'English: Martin Gonsalez, Alexandra Gil, and Adrian Martin Gonsalez re~d?iDg his arreSt:On May 21, 2003 at the Fairgrounds. Jose C. Torres, Clara A~p,:Due, rb~ding conc~:~: that the Police Depa~ment should pay more aEention to:.~:~oms a~:traditions 0~ Latinos. Richard Johnson, staff person for the Allianc~:~:~:':'Hu~n Rights, felt that the City is out of compliance with the Bilingual Act. .................... ................... ................... .................... ................. ................ ......... Police Chief Williams clarified that the 12th Dis~i~ ~airgroun~ iS State properly and is policed by the California Highway Patrol, not t~ ~i~ ~:~:kia~:~i::~e Depa~ment. Judy Pruden thanked City Manager Horsley and City st~ff~?~f~[:the superb cleanup of the railroad station on Perkins Street last week. She stated~:~:~e::is ve~:::grateful for the volunteer effo~ by the City of Ukia~:::~mployees. Mayor Larson advised that:~?~:::~:~:'~:~?~!~rs have been :~i~iated for Council's signature to each of the em~l~~ involv~::::'~ ~ei~effo~s. :.~ ~:" Joy Beeler thanked for the City C~hcil fo::[~:~po~in::~::~:::~::~B?~: 123 and updated the City Council on its status. The bill will ~e:~:~::~:':Californi~ ~ain Street Program from the Technology, mrade~,::~eQd Commerce A~~::to t~e Off~::~::~ of Historic Prese~ation. After being entirely~:?:~ from the ~ernors proposed budget in January, the Governor's: ~:~:':' has ::~tated $126,00~ ~0 Cat~orn ia Main Street. HEAR : 8 P~BLIC :~ ea. ~~i0n of Re~i~:~j~u~ti~g:~Fees For The Ukiah Municipal Swimmin~ 3-A352 to 3-B Community Se~!~es Supervisor Sangiacomo explained that the proposed resolution ~ ~?,;:~djust fees f~?,~,~blic s~im at the Ukiah Municipal swimming pools. He reposed th~::"~:: ~perational 8::~j~::~::[~:,~:,~he pool has been increasing steadily over the past years and oV~ ~e past thre~ ~rs there has been an operational deficit of approximately $80,000 ~::~ year. ~i~ year they expect that deficit to rise to nearly $90,000. The majority of {~e costs are due to rising maintenance and staff. In order to stabilize this downward t~d, staff is recommending an immediate adjustment of the public swim fees. A su~ shows that the City's fees are substantially lower than other facilities in :::~e area ~:::,~::?~went on to discuss the proposed fee schedule. Based upon an average ~.lic s~i~'~:' aEendance of 100 youth and 20 adults per day, the proposed fee schedule i~?~?~:;~Sti~.~d to increase pool revenues by $14,000-$18,000 per year. While the prg~d adjustments will not fully cover the cost to operate the facility, it is felt that this wiff.~:at least bring the City into current standards of what other facilities are charging and Regular City Council Meeting June 4, 2003 Page 7 of 17 provide some relief to the City's General Fund. He noted that there has not been an adjustment to the public swim fees since 1992. Discussion followed with regard to the impact on budgets due to the in¢~~ in minimum wages, increased worker's compensation insurance, increased?~ ~ts::~r training, fees for those using the pool facilities that do no live within th~ ~:ity Limit~i scholarship programs, and the proposed fee adjustment schedule. :. :: ~: Councilmember Rodin advised that funds may be available throi~ :Mendo~i~ Eirst Five child services and that staff should contact them with regard to ~Olarships. Public Hearing Opened: 7:21 p.m. Daniel de la Peza, Ukiah, addressed the City CounCiiii?~bncerning his opposition to an' increase in pool fees. Public Hearing Closed: 7:26 p.m. :~,:,~ .... ~,ii ~;~,~,:~ Discussion continued between Council and staff with the community that the pool provides, repairs needed increasing the number of scholan to youth, bilingual applying for funding through Io the valuable service to possibility of the pool, and activities. M/S Baldwin/Smith Ado adjustih~~:: fees for the Ukiah Municipal Swimming Poolsi~'::~that in two weeks with the process to use scholarship funding rate or below, for those that request a subsidy, and that st~ the ~eting and outreach activities relative to that, the call vote: ...... AYES: Councilmembers Rodin, Smith, Baldw Larson. Andersen. ABSTAIN: None. ABSENT: 9a. of the Gibson Creek Fish Hatchery 3-B198 - 4--~ City advised that at the May 19, 2003 meeting, Council approved the cy for guided educational tours of the City of Ukiah's old fish , Street in the Gibson Creek Canyon. The City has the rig for the fish hatchery and owns the 100'x200' that is the fish hatch~ A writt~ for use of the property should be put in place to define the parameter~ii'~?~Pproved::~'?§~ the Cit~ Council. She went over the five recommendations listed in he~~: ~ff Repo~ end explained that the Cit~ is conducting e su~e~ of the fish h~tche~ sit~ ~nd the ere~ is being m~rked for identification of ~he fish h~tcher~ prope~ to ~ssist th~::~Ur guides in identi~ing the perimeters of the Cit~ s prope~. Smith inquired if consideration regarding handicap access has been raised a question about the tour guide unlocking the gate and prevention of e to the site. He noted the steepness of the site and if it would need to be Regular City Council Meeting June 4, 2003 Page 8 of 17 fenced in order to prevent people slipping off the path and into the creek. issues need to be investigated and that they raise liability concerns. He felt these City Attorney Rapport explained that he did not think that the City would be pave a forest in order to make it accessible to handicapped individuals, n~ to research the matter. Judy Pruden, Ukiah, advised that she has provided numeroushis[O i:: w, i' i g tours in Ukiah over the years and she addressed some of Councilmemb~ ~mith s c~;:~ms. She also discussed the fish hatchery site, setting a maximum num6~ Df~ people f~ tours, providing tours to school classrooms, and requested thatthere ~ ~iexibility in'~h~ Rick Piffero, prope~y owner adjacent to Mr. Nix's ~e~y, expressed concern with vandalism and fire danger to the area if young pee¢i~?~re alle~ed to go to the site. H~ distributed a photo to Council of "No Trespassi~g~ ~i~ns that a~:~:~:~ested at the ridge. Daniel de la Peza, Ukiah, expressed his suppo~ of td~::~:~;t~:_o~:~e site and for educational purposes. He suggested using the parking lot at AntOinette,?Stadium for a meeting place when organizing the tour. .... Mayor Larson explained that he~i~':~.9~ive of the proposal, '~::~~::~::~ :he expressed a concern with the staffing rat=ie;~ [~:~:::~~~d:ed an amend~::e~?~:~5 be that the City Manager be charged with e~ri~;~hat a~~ ~pe~ision ~:~?::?Provided on the tours and that the group is aware~:~:~f the'~undarie~?~?~{~ ~ :,~as the ability to keep small children supe~ised. ~:.::~ ~?~ ~::~ ~ ~:::~'~ ........ :~':~": City Manager H:~!e~ explained th~ ~r twenty ~'ildren, they would require one chaperone fo[~::~~,~?,~;~A~ditional childr~ ~ councilm~A:ber BaldWi~ 8iscussed the ';~i~':~i':iity of having an entrance stowboard at the site~ :~ M/S Hatche~ Guided Tour Policy and that staff repo~ back in six months, carried by the following roll call vote: AYES: GeuncilmemberS?=~d~n, Andersen, Baldwin, and Mayor Larson. NOES: Smith. tN: None. AB~EN~;~:~??None. 10a. Aut~izati°n:,.:~:~:.:~:~:~:.:~. ~'~ City Manager to Execute Professional Se~ices - :::::::::::::::::::::::::::: Agre:~ent Between the City of Ukiah and Omni-Means, Ltd. In An Amount "Not ~?Exceed" $120,000 For City-Wide Traffic/Circulation Study :~::::~:ublic W~ Director Steele requested that the City Council authorize the City :M~.age~ ~ :: execute a Professional Se~ices Agreement with Traffic Consultant Omni- ~~:~f Roseville to pe~orm a City-wide Traffic and Circulation Study. Regular City Council Meeting June 4, 2003 Page 9 of 17 Civil Engineer Eriksen explained that the Circulation and Transportation Element of the City's General Plan was adopted in 1995. During the eight years since that time, several changes have resulted in increased traffic and congestion in and aroun~:the City. Staff feels it is time to perform a comprehensive evaluation of the conditions to plan for future circulation needs. The City-wide Traffic CirculetiS~ StUdy will consider development scenarios that will allow staff to review propose~ ~Jects an8:~ apply impact fees more efficiently and equitably. After interviewing O~:;i',~':~ans, staff feels that based on their experience with similar communities, they ::~e th~: ~bil.ity to provide the City with a tested document. Two additional items a::~;e:~:~ecomme~d~ by Staff to be added to the scope of services that include an update ~.,!h~: General ~!~D Circulation and Transportation Element and the expansien.:~:of the'~isting caPit~l improvement program to reflect the findings and conclu~:~i~:~the Ci~wide StudYl: The total of the scope, plus the additional services is $~:~i739:::~!'~:::Omni-Means Ltd. has performed studies for jurisdictions the size of Uki~:':':~nd slightly larger and have received excellent reviews from all of the referen~i?~e contacted. He recommended Council authorize the City Manager to exec~ ~ professional services agreement between the City of Ukiah and consultant Om~i~i~~.~ Ltd. in.~:~ount not to exceed $120,000 without approval of the City Manager. Public Works Director,$Steele. 1 noted a correction to t~ ~ecommen~ation that the amount not to exceed is 14,731 approval of the C:~i~ Discussion followed concerni with Omni:,~~s Ltd., impacts of intersections to each ct er'~i'~i~,~'old~i~g and wotE~hops to solicit public comment, looking at other mode~',iii~f: transp! bicycling, scooters, etc. instead of just car traffic, providing ~:~::.opti:9~i ~:~6r impaCi~e~s, the possibility of adding some services to the contract with O~i~"~s Ltd. ~::ii~:egard to expressed concerns of the City Coun~i::[~:~:~c~ond unit const~i~n in single::¥~mily neighborhoods and how it will enter into.::~:~;~ i~iS:nd a critical ~ponent of providing a wider and cooperative effort betwe~:~:~e CitY:~: County. ~'~:~ MIS R~ii~Andersen a~orizing the Cit~?~i~nager to execute a Professional Services Agre~~ ~tween :"'::' consultant Omni-Means, Ltd. in an amount not to exce~ of the City Manager. was a bri~:~iSCussion concerning the final approval date in 12 months and that ~ have a f°~'~i:,:~gn p~estrian and bicycle traffic. Motion '::~ied by ~?:?:~011owing roll call vote: AYES' Councilmembers Rodin, Andersen':"??~,~ith, Bai~in, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: N~e. ecessed ~:~,i~152 p.m. Beconven~d: 8:59 p.m. l~ii ~, =.~==~,~==~,ii !,i?~,~i~w B U SIN ES S 10~?: ~"~: Re~)ort Re_qardin.q Iml31ementin_q GASB 34: Basic Financial Statements- And Manaqement's Discussion and Analysis - For State and Local Regular City Council Meeting June 4, 2003 Page 10 of 17 Governments Approval of Minimum Asset Value Threshold 4-A409 - 4-B90 Accounting Manager McCann advised that GASB 34 pronouncement is the:most sweeping revision in the current financial model since 1979. There are .r significantly updated reporting requirements contained in the pronounce provided a summary of the City's accounting practices and the level of de=tai!?=i~eeded the City's auditors in order to produce the City's first new GASB 34 fin~ Staff is requesting Council's approval to bring the City's system with GASB 34 guidelines. The largest piece of work required under GASB34, and th~;~Piece every jurisdiction is reserving money for, can be delayed for up t~'~'~U,,r~years, ~ut penalty under GASB 34. This means we can watch the ~e[ket de~el?p for the year, and defer engaging a special consultant with infrastr~m valua~i~ experienc~ until after the first wave of conversions, in the expecta¢~=' t~ the market will settle down, rules will be more widely understood and stand~'~practic~ developed. Staff is recommending Council approve to elect this implementation option. A brief discussion followed with regard the a= ~e ne~ ~unting procedures compatibility with the new computer system that th~ purchasing, and how the system would be able to provide a better analysi~'?~f~:~=~:~be City's investments and tracking of expenditures on infrastructure improvements in'~d~to main~in assets. M/S Smith/Baldwin to receive re~eg~rding Implementing ~B ~!~i:';Basic Financial Statements-And Uanageme~i~i~?~iii~i~~i~ and Analysis-E~i:?State and Local Governments, Approving d~ii~i~ of ":i~~:~ipm-existing i~:rastructure reporting until year ending June 30, 2~7, a~a Approving ~ii~h::me~: of $5,000 minimum value asset threshold, carried by the follOWing ro!:!?~:~i~ii'{~:"Vote?'"~::~'~':~: Councilmembers Rodin, Andersen, Smith Baldwin, and Ua~:~h. NoE~!? None. ABSTAIN: None. ABSENT: N~ ~. ~::~i:. 10. NI 10c. A 4-B9( City Planning Develo ,gy Under the Jobs Housin? City applied for a Jobs Housing Balance ation for $100,000 and Applied Development ~gnomics selected as the City's consultant to do the report. The City has a ':~','~~ of $85 ~b ~ J~bs Housing Planning Grant funds to utilize by September 30"i:~':~3~ ADE, is ~ ~e~ding using the $85,000 for three elements of the implem~ion, ra ~i ii~:?indL'strial attraction, downtown retail recruitment and unincorp~:'~d area, ~:; he best land for this type of development is mainly located outside of t'~:City limits. She felt that what is really needed in this area is not so much a three mon~ campaign to try to get businesses in Ukiah but to put together a data base of wh~ ~oes industry and manufacturing firms want. If Council approves this, she :~;::would like:.~?,~:::::immediately meet with Madelyn Holtcamp, Toni Shaw from Mendocino Jeff Lucas from Lake County to discuss a strategy work plan for ADB to this task and develop a data base for the Ukiah valley. Regular City Council Meeting June 4, 2003 Page 11 of 17 Discussion followed regarding the City Manager's revised proposal and the majority of the City Council thought it is a good way to utilize the funds. There was also some discussion with regard to whether ADE could promote existing businesses: ~i:~ ~:he community and recruit new ones. Elizabeth Brazil, representing the Greater Ukiah Chamber of Commercei:, ~d~ised that: the Chamber is currently revising its web site with a focus on econg~ii!~i'?~i~lopment and offering tips for businesses. She explained that it would be ve~:.:;:~t~ful tS','; blish a database and to have the Chamber of Commerce work in partnership: with the :~i~i Discussion continued with regard to the parameters fo.:r~.~,use of :~;~. money, implementation plan, attracting businesses while ~e enwronment, and~ retaining the quality of life in Ukiah. It was felt er should have discretion as to how the money is utilized in the sense~:~t as long as it is in conjunction with EDFC locally. M/S Smith/Rodin directing the City Manager ~:~?~iopment of the plan and meet with Madelyn Holtcamp, Toni Shaw, and and proceed, approving Applied Development Economics (ADE) se~ices to on the City Economic Development Implementation Plan and to use the grant fund~?:~D~ $85,00D ~by September 30, 2003, carried by a unanimous voice vote of the City Coun~::~i~ 10. NEW BUSINESS 10d. ~u~ ~ ~lan~..~t~.~and ~ission'S~:~:~:~quest for List of Questions and Con~:~rns ~arding Water A~ency'~ I n t e n t i o n s C ty Manager H~[~!~y d~stnbuted to:~:~unc~l and d~scussed the power point slides provided by t~~ nsion that w~:distributed by the Uendocino County Water Agency at ~i~:iatest:~::~::~ting, She ad~i~ed~;~at the Board of Supe~isors were ve~ cooperati)/~::~hd there w~ ~ different shiff~::~i~;~Ude. ....... Cou~ ~er ~ the last meeting of the Inland Water and Power signed a common leEer with the County Water A( Board of Supe~isors that said they are going to work things out. to compile a list of concerns and questions. Supe~isor and said it was ve~ impo~ant to get these concerns out The folloWi:~ is a list ~f ~0ncerns expressed by the City Council: Baldwin: What is ~he ~g-term funding mechanism for the Water Agency that will protect County staffing in o~::~ depa~ments? ~t i~:~:::'/egality under CEQA of initiating new water projects while the General Plan i¢~:~':~i;~;~,~vised for adoption? Regular City Council Meeting June 4, 2003 Page 12 of 17 In terms of a new JPA agreement, would the County Water Agency consider trading IWPC's first right of refusal and withdrawal of lead agency letter for new JPA language stating that no member agency will attempt a move on another member's water rights? Andersen: Suggested that we send the questions to IWPC and to Roland Sanford~t the wate~ Agency and let them answer directly ::~ What assurance can the Water Agency give that the City of Ukia"i!~ili~i.~:~:Urrent not be abrogated? The answer should be specifically and not va~:,:generalitie~i iS there going to be language, a contract, or some sort of legal docU::~t that all different water agencies can sign with the Water Age~i,,:~h~t:,,~i,s bindi~:'~ and would :~ ~ ~ protect our rights while being involved? He has been~?~a:ppO~i~e of what the Water Agency is doing and wants to be assured that the C ~:~nghts are protected. La r s o n: : ~ ?. ~ :~:~ What assurances do we have of water rig ' '~:' ~ ~:~f:~new water, or new distribution models or allocation? Is there any ~ control of water? If Sonoma County is offering a be~er price, are we going':~:f~??:~llow the Agency to sell the water to them or increase the price to us? ~dea of IWPC relinquis~ ~:::::~~:~:~:::.tbe changes relat~;:to the first right of refusal, does the County ~:~' ~ncy s~::~?~?~;:~:~:~ti~ued role i~lving the County and IWPC and if so, what is it~ ~:'~ ...... '~: He referred to the handout in which :~:'::~'~tet~?:?~;Provide ~r treatment and wastewater treatment facilities~:~S~:one of the su~:ed function~ How would that relate to the existing waste ~:~i~~ent facilities ~:~he Ukiah Valley Sanitation District? currently ~:~:~::no water rights but does it have a plan to needs? Why, the County Water Agency interested in being the sponsor of the lity study? ::' ~t's the advantage or interest? R, a~~ the handout from the Mendocino County Water Agency. As far ag~:'~?:~ City of U,ki~::':'~':"is concerned and the other districts, she inqUired as to what level of aUdaCity woul~?~ey like to address concerning our sources of water. It was the COnsensus of the City Council that the list of questions be sent to the County Wat~!~gency as well as the Inland Water and Power Commission. S INESS of Resolution Regarding AB 1039 - Councilmember Andersen Regular City Council Meeting June 4, 2003 Page 13 of 17 Councilmember Andersen advised that there is not much that the City could do if it wanted to institute instant run off voting because it is a general law city, not a charter city. AB 1039 would allow general law cities to implement instant run off:::~otjng, cumulative voting, limited voting, and choice voting. He noted that the Instant ~::~e~ Ballot is the most interesting one that was brought to his attention beca.~ ~i~':w~i~. allow elections if a Councilmember is voted into the Mayorship, something'S:could b~ instituted where, depending on how many people are running for officei~::~:~he :number of seats available, the ranking order preferences and it eliminates ~h~ ~:':~:eed::~ have a runoff election or appointment. Mayor Larson felt that the Resolution implies that counties erealread~'~i~!uded and~ suggested changing the wording of the third paragraph ~ "WhereaSl ~ . AB 1039 (Hancock) is a "home rule" bill that shoul~ law cities and counties the same freedom of choice..." or del~:~?~he word "counties" from the paragraph ............... Discussion followed with regard to the g, how AB 1039 would give cities and counties a choice of what s~ use, retaining local control and allow the City to determine what type of voti~'~i~ethod is preferable for the City, how the City's consolidated election with the County'~i~j.ons wou~d be affected, and the definitions of cumulative limited voting. .... M/S Smith/Andersen Ado )03-43 Suppo~i~:~:' :: AB 1039, with a correction to the resolution "wher~',~, AB 1039 (Hancock) and counties the same ~", carried by a unanimous is a "home rule" bill that §~hould ~=~,~e to freedom of choice in voting method ~at che~bd voice vote of the City Council ?~:i, =~'~';~ ?,?' 10. NEW 10f, A 5-A1: City Department to Senator For Th~ the Assemblymember Berg Regarding the Ukiah Air Attack continued existence of the California air attack base at the City of Ukiah Municipal Airport appears to for funding for at least this summer and next summer. She send letters of appreciation for their act of support of at the Ukiah Municipal Airport. M/S ddwin ~orting sending letters to Senator Chesbro, Assemblymember Berg, Sul Shoemaker, and MSWMA Manager Sweeney expressing appreciation for their effO~~ regarding the Ukiah Air Attack Base at Ukiah Municipal Airport, carried by a unanim~s voice vote of the City Council. BUSINESS ation and Possible Approval of Extension of Franchise Agreement Adelphia Cable 9 Regular City Council Meeting June 4, 2003 Page 14 of 17 City Manager Horsley advised that Adelphia Cable has requested that since the contract with the City for its franchise agreement expired in November of 2000, that the City extend the prior franchise agreement until December 31, 2003. In for Adelphia to obtain their bond financing, they were told that they have to extensions and are asking each of the agencies involved to extend 2003. She advised that she changed it to say "December 2003 or whe~ger a new agreement has been signed, or whichever comes first." City Attorney Rapport suggested a change to the last parag[,aph ~ ~e agree~:~hat the wording "...waiver of Grantee's rights" be changed to ...wai~:~:'~Qf Grantor's rights", and in the same paragraph where it right..." be changed to "...all of Franchisee's and reciprocal because both the City and the company that section. M/S Smith/Andersen approving extension of fra~i~e agr~ent with Adelphia until December 31,2003; carried by a unanimous voi~ ~te of the ::'~Council. 11. COUNCIL REPORTS 5-A182 Councilmember Rodin reported that she attended a ~ing of the~:,Greater Ukiah Chamber of Commerce last week that the leadership A{:?,ii e[~'~ Mendocino is changing. There was a concerning the pro~ ~' the Business Improvement District. There separate bid:,si ~e concerning wine and the other for hospital Councili~:mber Andersen have been participating in the Cdbnty p Strategy (CEDS). There was a meeting of ALIVE the , which is the group that formed when the City sue the Re~ Johnson Foundation for the Active Living By Design. The idea y will ~i':i:support each other's efforts in promoting acti~ii~i~ili~ii~everyday life?iiii~bis group wants to be advisory to the Paths, Open Spacei ~ cre~ Gommission (~SG~i ':i?They also want the City, and possibly POSC, tQ~.~:~:°gnize th~ ~oup ALIVE aS~:':~.~urce to provide research to them and they ave ~er to help. ~e reported atte~ii~g the Chamber of Commerce's forum with Sen~'~mpson ~i ~i~u~:.~me:'::::~f the other speakers at the forum besides ~:.Q~ncilmembe~'??~:ersen reported that he attended the CEDS Committee meeting !~he~group is ~i~ ~ste~!~,:,~in diversifying the economy, looking for new economy me'~:~i~,:~and trying {~?,?:i~iii~i~nufacturing firms, consultants, and looking at the region as a w~:'~ i~stead of ~~s economic elements. He attended the Senator Thompson event at t~ ~hambe~i~~: Commerce. He then attended the CEDS meeting where he spoke with~'~rty Lombardi and he would like to see the City do something publicly concerning nomic development with business leaders. He felt it would be a good way for the.~:~y Council to reach out to that segment of the community. He has been attending :~'?'Skatepark Committee meetings and they are very eager to move forward. ~mber Smith reported that, as the alternate, he attended two IWPC m s. He missed the last City Council meeting because he had to attend a NCPA le~i§lative regulatory committee meeting in Roseville at which time they evaluated their Regular City Council Meeting June 4, 2003 Page 15 of 17 Washington, D.C. trip. Last Thursday there was another NCPA event in Calistoga in which a Congressional tour of NCPA facilities took place and there was a meeting in Calistoga of that group. There were representatives of Congress in attendan~:::~ho had questions about living in a rural community like Ukiah and depen~,i~§':;:~'8~98 electricity. He also attended the Senator Thompson forum Mayor Larson reported that he attended the Senator Thompson foruMi~.':R"~::~.~ended a Financial Review Committee meeting that evaluates and approve,~:~"~e ~'~iSing for facade programs. He reposed that Edie's Restaurant will receive ~ ~rant, M~'~8~ino Hobby Shop will be doing some facade renovation, and the Bulldog:~'~bers is d~i~ major facade renovation and landscaping project. He discu~e~.the ~~¢ meeting ~ a~ended as an alternate. He noted that MCOG reviewed;~affic stu~; Earlier this; week there was a neighborhood watch presentation f9~:~W~seller neighborhood that was initiated by one of its residents and abou~;;~?~?~eople a~ended. There is email process that is developing and he will includ.~;~:;.~if~bf the 69~.ncil on the email list. 12. Cl~ MANGER/CI~ CLERK REPOR~~:~'~ 5-A388 City Manager Horsley thanked Council for signing I~,~::,,,:~to City employees for the depot clean up day. She gave a lot of credit to Executive ~Sistant Riley for organizing ~!gyees and NCRA She di~8 ~ g~e~. the event and working with the em. ..... , :: 5 - A4 2 7 ........ City Clerk Ulvila reposed ~?~::~Ws ~¥ b~&been issu~?:~01iciting applicants to fill two positions on the pla~'ing O~mission.. ~?~ ~!~i~:~or submiEal of applications has been set for June 24, 2003 at ~n. She~;~ ~ue:~{~a~(~ication and direction from Council as to their interpretation of {~:~:WO~?~eadlin~:~:~i~?light of the fact that the last time Council filled v~cancies on a Co~i~n, one of~::~:e appointees had submi~ed his application a~?~ ~ ~eadline. Sh~?~ ~ad planned to schedule inte~iews of the applicants w~ ~:':~:'i{~ ~uncil prior to ~ ~ity C~uncil meeting in July. Mayo~::~:$on explain~:~at we should :~:~6~r a deadline in some sense out of respect for th~:~ ~!erk to g~t~ ~e~.:~:~::~ig~9~ati~9~:~:.t~::gether and schedule inte~iews. He felt that any°~ wh:~~c~S~;~?~:~::~:~ ~:.:.~:at their wri~en information would be included in the City Coun~i~!~:~ et and an inte~ibw appointment would need to meet the deadline. ~he City Clerk ~!:d not be under any obligation to accommodate late applicants. ~ er, the City::::~gcil h~s the option of appointing whomever they want within the sC~ ~f ~ity City A~0~ RappO~ ?~minded Council that a Resolution has been adopted by the City Counci~ ~at indicates a deadline be established and if an applicant does not apply within that d~dline, they would not be considered in the pool of applicants. ~ ~: ~ ~ ?~?:Gouncil d~'Ssed the process of seeing a deadline and whether late applicants should ~ :~:~?giveg~?~sideration and an appointment to be inte~iewed by the City Council. Regular City Council Meeting June 4, 2003 Page 16 of 17 It was the consensus of the City Council that a deadline should be set for applications to be received by the City Clerk and those applications would be forwarded to the City Council for consideration 14. ADJOURNMENT :~:~::~. There being no further business, the City Council meeting was adjO~ed at 10'~ ~::im. Marie Ulvila, City Clerk Regular City Council Meeting June 4, 2003 Page 17 of 17 MINUTES OF THE UKIAH CITY COUNCIL 3b REGULAR MEETING WEDNESDAY, JUNE 18, 2003 The Ukiah City Council met at a Regular Meeting on June 18, 2003, the had been legally noticed and posted, at 6:30 p.m. in the Civic Ce~ Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken Councilmembers were present: Rodin, Andersen, Smith, Baldwin, a Staff present: Airport Manager Bua, Community Services Din Finance Director Elton, Risk Manager/Budget Officer Harris, Associate Planner Keefer, City Attorney Rapport, Airport er Director of Public Works Steele, Planning Director Stump, and City Cle~:.~:Utvila. 2. PLEDGE OF ALLEGIANCE ';~:~:~"'~:~::~:::~::::~: Mr. Ken Fowler led the Pledge of Allegiance .... ii iii?! 3a. Presentation: Civil Air Patrol Letter ~'~i:?,! 1 a-09 Mr. Chuck Frank, member of the California Wing of t~ ~i~.il Air Patrol Squadron 80, provided a history of the Civil Air Patrol and discussed it~ii~i?~motion Qf~:..:an aerospace education program, the cadet prog[a~ and emergency servi~'~i::i~,:~::.:..He~.~::.~ented a letter of appreciation to Don Bua, Ai ~i~ er, and Airport staff~:~ ~?'ii!'~'~se of the Ukiah Regional Airpo~ facilities ~ missing aircraff:::~;~{~:~began on May 26th and concluded June 1, ~?~?~, P R O C ~MATI O N ..... ~. Proclamation: Gay Pride AW~ne~?~eek-j~ 16-22, 2003 Mayor LarsoB::~:~ ~[oclamation d~::{i~Rating the week of June 16-22, 2003 as Gay Pride Aware:.~:~:~W~:~ i~?~Ukiah. ~;:' ~ ::::::~ Kyle ~~t and Dely~odgers than~i:~e City Council for the Proclamation and noted ~:~i~p~ance~:~ ~~9~::~ .................. Proclam~{i~Relay for Life - June 20-21,2003 Ulvil,~ r~?:::~:~iamation in recognition ~f, th~ CiitY ~ft U~iah ~ ~ "~el~ ~or Life C~:~Bnity, June' ~:~, 2003, and urged a o 'ts es'de s o pa 'c'pa e' t e Relay for'~::~:::or spon~::~a relay runner. She noted that she would be paAicipating in the event. 3. PRESENTATION Pre:~tation by the Greater Ukiah Chamber of Commerce - Status Report o~:~:~ rk Plan Brazil, President and CEO of the Greater Ukiah Chamber of Commerce, pr~ed Council with a status update of the Chamber's activities in the community. following : Larson. ugh, Y, Regular City Council Meeting June 18, 2003 Page 1 of 12 She discussed the educational opportunities they provide to businesses, sponsorship of events in the community, membership services, and the Chamber's budget. She thanked the City and its staff for the partnership that the Chamber shares with ;ity and the work they do together is extremely important to each or especially to the community : 4. APPROVAL OF MINUTES 4a. Regular Meeting of May 21,2003 1A-243 Mayor Larson noted that the minutes would be continued to the ne~i~e.eting. Mayor Larson read the appeal process. 6. CONSENT CALENDAR ?~?~i?~il 1A-253 M/S Baldwin/Smith approving items "a" follows: a. Approved Disbursements for Month of May 2003; b. Approved Publishing Services by Ukiah Daily Journal the Amount of $5.22 Per Column Inch for the First Day for Additional Days; c. Rejected Claim for Powers Authority, d. Awarded Bid for 2003 of $13,392 and Approval of an Camper Shell. Motion carrie Smith, of . 1A-2( James M~ appeal the process, as Marie Massey uranoe ,nt Calendar as Year 2003/2004 in 4umn Inch ~rred to Joint a Motors in the Amount for the Purchase of a i roll cariI ~ete: AYES: Councilmembers Rodin, Andersen, Larson. NO~i:;:,:NoNe. ABSTAIN: None. ABSENT: None. ON NON-AG~~A ITEMS i~he Ukiah Planning Commission, discussed the ~n decisions. He proposed additional wording to in the Ukiah Municipal Code, of, "Unless a City Councilmember ,n of the Planning Commission, regardless of whether the ic Hearing on the matter or not." He discussed the ;rsen's recent appeal of a Planning Commission decision 8. PUB~i~ HEARING 8a. IntrodUCtion of Ordinance Amendin_q Articles 3, 4, 5, 6, and 8 of Chapter 2 of ~ion 9 (Zoninq) of the Ukiah Municipal Code Pertaining to Residential ii'.~ii',i::::::,:: S:~d Dwellin_q Un-its :~:~ :,?:~gh lB, and 2A -' pi ~ Director Stump advised that before Council is a draft Ordinance that was c~i"Sered by the Planning Commission that would amend the regulations for second Regular City Council Meeting June 18, 2003 Page 2 of 12 Ph the right to dwelling units. This is in response to Assembly Bill 1866 which requires local governments to use a ministerial process after July 1, 2003 for approving second dwelling units, and prohibits the holding of hearings on these permit appli~tigns. Accordingly, the City must revise its second dwelling unit regulations to ministerial process rather than a discretionary Use Permit process. The A~blY~iil also allows the City to develop detailed standards for that ministerial revie~?~ii~cess an~ the Planning Commission in its review of this, while they were unc,9 ~ !~ about losing control of the discretionary review process, they neverthe[e~:"'~'dev~i~d the standards in an effort to balance the need for appropriate :',~,~i~!i,l:: units preservation of single family residential neighborhoods. He disc~d in detail::'::,~he Planning Commission's efforts to amend the second ~ii~: ordin~i~ and m~ recommendations to the City Council. ..... Discussion followed with regard to the various chang~?,?¥ecommended by the Planning Commission. The privacy factor was discussed ~ ?~i~gard ~ ~:.units built over garage~:' and how they may impact neighboring property~iii:~iiii~:~jssue of:'::::::~:ing and retaining the character of a neighborhood with second uni~i~::~ ~!S.e di:~i~. Other aspects of second unit dwellings that were discussed were heig~i ii~,,i~?:setbacks, the invasion of privacy to neighbors, the possibility of rezoning a secto~'::~'~:~'~ ::~9 City where second units would be allowed and determining a section of the Cit~:':ii:,~here the~::,would not be allowed, conversion of garages io~o second units dwellings?~ingi'~ i~!~dscaping and lighting features, and a discussi~ ~ i~,,~iDdings that need to b~::~':~~'?!~: Phillip Ashiku and Dave Hull spok~ i~: sup~i?~'f se~'~i~i ~i~ii housings in the City. City scussed the:'::':!i!~a[~?~ii~uirements for second units and the possibili in them in cert~!~,'~i~:as. public has a right to raise an objection and s findings for the project. ,ened' 7:35 p.m. ey Rapp~ that the City Council should allow the public the o comm, ings if they have not been made public already. Councilme~r Baldwin advocated that developers be required to show all potential develo their site plans including second units allowed on the property. He of a 30-foot height limit and other mandates by the state. Stump discussed CEQA guidelines with Council. Regular City Council Meeting June 18, 2003 Page 3 of 12 Councilmember Smith expressed concern for the lack of local control required by the state mandates and felt that something should be adopted now and then it could be amended at a later time. Councilmember Rodin expressed concern for the lack of local control. Councilmember Andersen argued that the City keep the owner occui~~'~?:~:i¢lause in the second unit standards of the ordinance. ~:::'::?::':.~ Councilmember Baldwin discussed having a 20-foot maximum~i~!ht limitation:ehd i:... ============================== ============================ maximum setback from all boundaries so as not to infringe nei~hi~ring prope~:::~:.~.: owners' privacy, and that the units are owner occupied. :~:.,::~::,~:::.~:.~:.~:.~:~,~:. opini~'~that there severe fire danger in the western hills, that there is d~::gger~n tli~i;.~lope of the land that may be problematic to sewage, and that develop~:t on the western hills would:' increase the visual impact to the western hills. ~::~::: Mayor Larson advised that he has been a su~ii~ ~f:,i:secopd ~:~:::~::~S as they are a good way to increase the housing stock in Ukiah. He expr~"~,~,~ii~hcerns with the City's lack of discretionary review and suggested that the City view ::~~,properties as commercial ventures. He proposed that it be the standard 10% of the'::]~6~?~:,:~iSize up to:::::~l 0 000 square feet. :~,~::~:~::::~:~::,:: ..... ::'~::~:?~'i::?~i::~:'~:~::~i::~::~'~::::::ii:~,:: ::,:::i,,'.:?~?:?::~;::'~ii"':~ Councilmember Rodin not~ii~:'~'~i~!ii~[~=:ation is neede:~ ~'~Cerning protecting the City's interests. She di~i!;~i~i~8~ ~ to re~i~iii~t~e:::.property ::~ner live in the second unit. Planning Director Stump reviewed ~:~!~::~::ii~,~iii~tions e~sed by the City Council and topics for discus~i~:~: a workshop d~rning this d:idinance. Issues for discussion include chang~ii~ii~iiii!i~i?,i!,,:,~,,beight limitati~iii~of second units for detached garages not exceeding.::~::~iii?~i"i~:'eight ':~i~ feet, revisit'=~::~:~:: [8~e of second story housing in a single story .................................... ,rhood, reV~ of setbacks, ~::~~ of the word "neighborhood", consider the o reducing ~?:'height that is ::~::~ayed in the proposed ordinance, and the Discussion f~ii~ with regard to staff bringing back findings for Council's jderation. C~ilmember Andersen also expressed an interest in findings from ii~! sdictions ~iii~,ii!~:av~?,i,,?an owner occupancy requirement. Concerning square i:~ ~ the ~'~~:~us of Council that the matter needs to be discussed further, sugges~iii~hat there be further information concerning driveway width at the next lng. T~¥e was more discussion concerning landscaping requirements especially a~i:~:i~i?:irelates to landscape buffering adjoining properties. was the ~D:hsensus of the City Council to introduce the ordinance at this meeting :':.::~:::.~d hold ai~0rkshop on July 9th at which time changes could be made to the Ordinance ::~at,,wi!t~i~Se the Ordinance to be delayed by five days. There was some discussion c~ ~i~:g the July 1st deadline as mandated by the state and how the City would h~i~ any applications that are submitted prior to the proposed Ordinance being adSPted. Regular City Council Meeting June 18, 2003 Page 4 of 12 M/S Smith/Baldwin Introducing Ordinance by Title Only, carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and:,:,,,;::~gyor Larson. NOES' None. ABSTAIN' None. ABSENT: None. .~.~:?~i'~:/,'?!::~::.:.~::'~;i?~ City Clerk Ulvila read the title of the Ordinance, "An Ordinance o the Gi!~iilCounc~l of the City of Ukiah Amending Article 3, 4, 5, 6, 7, and 8 of Chapter 2 (Z.o~i~i ~f~ :Division 9 of the Ukiah Municipal Code." ...... ~:~'~'i~i~?~ M/S Smith/Baldwin Introducing Ordinance, carried by the follo~ii~,~:,::~,,:=roll call=::~!. AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, end Mayo~~:~! son. NOES':i?.~. None. ABSTAIN: None. ABSENT: None. .~=~::==,;!,?; i?~ii~:~:~ ~.:~= ~. Consensus of Council was to continue the ~iD!l~ .... Hearing for discussion consideration at a meeting on July 9, 2003 begin : ii i :3:00 Recessed' 8:25 p.m. ~:~?~ :?~?~ Reconvened: 8:32 p.m. 2 A - 2 0 4 · ......... Mayor Larson advised that there:has been a request to com~me~:.~tem~;~:~=~::=::~=:10a after item 9. UNFINISHED BI : ......... 9a, Presentation From Steve the Brush Street Triangle Transpo~ation ::~:~::~ ................. Public Work~ Director/City advised~?~ W-Trans stands for Whitlock and Weinberger ~[~po~ation ~-Tr~? W-Trans ~s chosen by a subcommiEee of the Technic~:~:~;~ ~CommiEee ) to Mendocino Council of Governments (MCOG) the ~ tial impacts ~{ ~e~e~ment within the Brush Street Triangle and the::S~unding ar~ of the City, a~ ~J~ to make recommendations for capital improVe?ts to handl, impacts. E~ technical repo~ and it will se~e as a tool whic~ :~:~t~ ~ill fu~[ [ :'::~later bring back to Council with additional information:::~:~?~::~, ~ work together to finalize their agreements regarding the Avenue Bridge and development in the Triangle. of Santa Rosa, provided highlights of the study and dis network. In addition to evaluating the traffic operational stan, eval ~' the City's cumulative development projects of which 12 parcels ~elected?,iiiii~'hey provided background on traffic growth and discussed the Brush Street:~?iangle and load use based on development assumptions. In the Brus~ ~treet Triangle they developed a mixed-use alternative of incorporating ~esidenti~i~ii~'tail, and industrial uses. He continued to provide a comparison of the ::~::~;~gus~:~,~::~natives in relation to their levels of deficiency. The next step of the process ~:~i!i~loping a list of recommended improvements that would be needed to a modate all of this traffic. Regular City Council Meeting June 18, 2003 Page 5 of 12 They developed a list of prioritized improvements for the study area. The mitigations for the Ford and Clara intersections both at Orchard and State Street were structured to not encourage any through traffic through those residential streets but were structured to serve Orchard Avenue. The total cost of these projects was about $7.6 rni~!',!i~~ ~nd included about $3.3 million for the half interchange location. He advised ............ ~,'~'~ tr~ffi~ impact fee was developed to have any new development pay a fee t~?~:~:~for theS~~?'~ .......................................... improvements. Discussion followed relative to the number of lots within the study:~,i~,~ rather City limits that were taken into consideration for development. It '~'~,,,~,,noted report recommends that the fee be applied first to the 12 pa[~]~ within~Brush str~ Triangle, any land use intensification within the study.:~::,~:,?..~d be ~Plied to development that's going to generate traffic at the G:9:~i?"inte~nge, Perkins Street interchange, the North State Street interchange, and;:;',ii~iSe or outside the City limits. It was noted that the TAC did not discuss the Maso~i~,:~;;~:°perty~;:i,;:,i,::.:. Mr. Weinberger explained that if the Masoni~::i?~:'i~!~y d~':i~i~ before the Brush Street Triangle properties, it should be considered w:~i:~:i~al i "mprovement fees are being discussed. He went on to explain the fees and ho~??~,~i~y would be imposed. City Manager Horsley advised that she had contacted Jim::~[se~ ~'~the County to try to work out a plan to b~J~i ~e~,:::~:,:~osts down through"~':?'i!~i~ :'~':~':~money, federal transportation funding, or oth,~i!i~a'~:'~i?~i?~i ~it.ion, staff has s9~i~:::::innovative ideas to help bring the costs down. ii~ii~ii~:'~~to be~:::~:~:~ii~i~i:,~gr the nu~i~er of parcels involved even if Masonite and some ~her I~i~r parcels?,i,~i~!~i"i?~i~i~Bi~,:~? ~':,~:.: Mayor Larson was of the opinion th~ ~:at ~i~:: traffic S~~ and with further discussions with the County aB~:,~,,~,,9~er plans devel~ ~':r the Mas~':ite property, he is hoping to see a regional tr ii!iii ~i!h a total migration developed so that we can accurately determine t~'~:Costs'::~!~i~,i~airly assess ~:":~:'~?~ .... :~.~ 9. N I S H E D ional Airport Flight Paths 2B-11 City Manager ;y explained that the City Council had previously requested that this discussion of the flight paths at the Airport and noise issues. Air Airport airports w~ The City's proximity of advis. the established traffic pattern at the Ukiah Regional a typical FAA traffic pattern and similar to those used by 'r'ffb FAA recommends that most traffic patterns be all left turns. turns for runway 15 and right turns for runway 33 because of the hills on the west side of the airport. according to their Noise Complaint Log, during the first half of 2003 r complaints; two were for airplanes and two for helicopters. The helicopter involved the P.G.&E. helicopters that are used to control the power lines and annual check. They received a complaint about some courier aircraft that arrive in t~e evenings that move fairly fast and fly Iow over the town and are loud. He talked to Regular City Council Meeting June 18, 2003 Page 6 of 12 the pilot and chief pilot of the company and explained to them that next time there will be fines and people could be grounded. Typically, Staff tries to work it out themselves by talking to the pilot first and if that doesn't work, they go to a higher authority ~.~: as the FAA or the owner of the company. Discussion followed relative to the flight patterns of planes arriving a~i::~:i~ving th~ Airport. It was noted by some Councilmembers that some planes dQ~!!?~ii~:'~:ii:,Qver the freeway but rather fly over residential neighborhoods in the weste~ ~'~rt ~i?,i:~:,~e: City. The height requirement is typically 1,000 feet above ground level. ?~wever, is preparing to land, it is descending. Staff advised that the F~,~:.:::~:he autho'~ tO enforce safe regulations and could impose a fine or suspend:~e?pilot s li:~S:e dependi~:~ on the infraction. Noise abatement and the Quiet Flying:.~¥~ere di:~bssed. Sta~ advised that there is ve~ li~le night traffic in Ukiah. T~:~?~'nd '~:~ landings and primary flight training were discussed .... :.~::/: ?~:: .... Councilmember Baldwin was of the opinion t~ ~po~ sta~~ i~:0ing a good job. He expressed concern with commercial carriers n~::~'::~g to th~?~t Flying Policy. Phillip Ashiku, Ukiah, provided information regarding?~:: y issues and procedures that pilots must adhere to when flying into an airpo~, Air Tr~ffi~Control ~TC), the pilots Flight Guide, and noise abatemen~::~[ocedures. ..... Ken Fowler, Chairman of the ~:~::~~i~.ion, advised the~ ~ Commission has been proactively involved i~::' i~e of n~:~~~ral year~?~?:~:nd they repo~s those that violate the Quiet Flying '::~°licy?~ noted ~~ ~i~ff are much quieter. Jessie Dill, 200 Cher~ Street, advi~::::::~:~:::~::'her hom~??~ in the flight pa~ern and the aircraft noise doe~~ther her. Mark Ash.[~?Ok,ah":~~ traffic:~e~; safety, and the impo~ance of flight , .~ :::::::::::::::::::::::::: .::~:~::~::~::~::~:~ ~ ...... ~::~::~::~::~:.~::~::::::~::~:.~:~:~:~::::~ ........ ~:~: .........., , R~c~: ~i~~:~:~::~Uk~ah,:~ ! ~?~j~h~'"C~ty Council doesnt want freight airplanes coming to t~i~~:':::::~"~?~.~:~::~:~::~::.:~:~::~. ~:ight trucks deliver goods instead. Brodows~i~?~ised, that he owns a heavier plane and tries to fly at higher ::?:~:~:~ S. He not~;~ ~t it~S~e safety issue to power out and get away from houses and awa~::~:~?~:~he downt°~ ~:'~esidential areas. Councilm~er Smi~?~ommented on his experience flying with former Mayor Phillip Ashiku to a :~:PA .................... ................... .............. .............. meeting in Sacramento while he was training with an instructor. AirpoA Ma~er Bua invited all of the City Council to tour the AirpoA. BUSINESS I of City Manager to Execute a Professional Sewices ::~:::? Agreement Baleen the City of Ukiah and Winzler & Kelly Consulting Engineers in an Amount "Not to Exceed" $155,990 Without Approval of City Regular City Council Meeting June 18, 2003 Page 7 of 12 Manager, For the Design of Improvements, Construction Contract and Grant Administration of Federal Aviation Administration (FAA) Grant 2 B-535 Public Works Director/City Engineer Steele advised that she is bringing before Council on behalf of the Airport to ask the City Council to author Manager to execute a professional service agreement between the City.~!~f~?~Ukiah an~?~ Winzler & Kelly Consulting Engineers of Santa Rosa. The work [e ~ ~erformed includes the design of improvements, construction contract admin~i 'i'om~?"~ ~=grant administration, for work to be funded by the Airport Improvements ~gram funding. The proposed amount for the contract is not to exceed $¥i~990, which=~fal!~ within the approved grant budget amounts as detailed in the .S~ff Rep~?~.?~ A brief discussion followed regarding the I pital projects and improvements that were compiled in 1996 that selected today. It was noted that the FAA picks M/S Andersen/Smith Authorizing City Agreement between he City of Ukiah and Winzler amount "Not to Exceed" $155,990 without approval basis fOr the projects being ects that ~they are willing to fundl~: Services Iting Engineers in an Manager, for design of improvements, construction contract and grant admin for Eederal Aviation Administration grant carried by the following roll call vote::'~':'~ii ES;~ii~bncilmembers Rodin, Andersen, Smith, Baldwi. B~i~iii~iiiM~yor Larson. NOES: ~'~i ~BSTAIN: None. 9. UNFINISHED BUSI~"~S ~ii!~ ~ ~,: '~:~:~ ii ~:?, ~:ii ~ ........ 9c. in::,::~:~?i~m0~:~ii~ii'~15,000 for the Purchase of Council Chambers Video 2B-611 to 3A-0 Community S iii~!iii~irector D~ Councilme And iCnd County Johnson,:~:~ 'has rese ed various of City,:~,:~ncil meetinl appropriat~ that ~?:::~ ,:done,' explained that with the assistance of ~ino Information Services Director, Jay options to implement cable broadcast range, based on some of the research equipment would be able to transfer to other uses or :1 broadcast capacity within the Council Chambers. been Iooki~:~~:~'' into some of the installation costs that would increase the the system another $5,000. Staff is requesting a budget ~ent in ~oun~. of $15,000 in the Community Outreach Fund and aUi:~ on to purchase the equipment. Council~'~ber Rodi~'"'iiii~quired if staff has estimated what ongoing costs would be for maintenan~"~i City Manag~i?' Horsley advised that staff has placed $6,000 in the Draft Budget for :,~,,,gperation~,~ ~:d maintenance. It was based on a previous estimate that was derived a ~::~il meeting several months ago regarding what the operations would be. Regular City Council Meeting June 18, 2003 Page 8 of 12 Councilmember Andersen stated that they had discussed putting the taped City Council meetings on the City's web site so that people could listen to the audio live or it could be downloaded. It is one of his personal goals. M/S Baldwin/Smith Approving amendment to the 2002/03 budget::~:~hori2i~: expenditure of $15,000 ~n Account 100.1945.651.000 for the purchase ~D~,,ii;imstallat~on: of Council Chamber video equipment, carried by the following roll ~ii ~ii:~. AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Lars~i~:':'?No~i :~ None. ABSTAIN: None. ABSENT: None. 9d. Discussion of the Direction of the Paths, Open, ii~i~c~:?:i~hd Creeks Commission City Manager Uorsley advised that staff has met ::~ ~::~::~o fornicate the initial phases Of the Paths, Open Space and Creeks CommissiqDi i~SC) an~::~?'~ore going any further, they wanted to make sure they were going ia i~"~:~"~"ii?~i~ection ,~i?:ii':~e Council intended. Initially, there will be a need for an extensive educati6'~i ~~::§ for the public members. A list of plans and documents that would be provided t6~'~':~':i~i,:,,i,?OSC was provided in the Staff Report. The Commission would set the mission, ~i~,:~,::,~::and o~ji~ctives for the POSC, discuss funding sources a~:~,~?pportunities for working~:~;¢:~:~ili!~gencies within Mendocino County, and have a~,,~!~ation/open space attor~yi'?~:bialist come to a City Council meeting, with the:,?::,~~::~':~~i!S~i,aners in attenda~?i~0 give an overview of the various easements,:~:,~,?~:~'~tioni~'~':'~::~i~ ~[~::commonl~:~?~Sed mechanisms for providing open space and ~:'~j:king {~ils on priv~?~~y, Councilmember Baldwin advised:'~' Ordi~i~'~ contained three specific objectives establi~:h,i~.:.the Commissi~ii!i i~'is person~ii~i~;:'::~ecommendations were: 1) The new Commis~iiii ,,~: and strive t~iiiBnderstand the policies and implementation measures i:~i:~iiiii~::'":'::~'0pe~::'~'~"~ce and Cons ti.~ Element and Pathways sections of the Transpo~8'~ Element ~ ~he City's Gen~! ~iiAn; 2) They discuss proposed revisions of the,,~ii~de Development regulations t~?:~re being revised in relation to the above notedi ?,~'~':ii and ,i~ ~a[i~,D,,,,:~e~ures and make recommendations to the CounCil wit:~i~ii~~ ...... ~:'~'~::~'~¥~'~::::i~~i~i?'~'~eeting; 3) That they complete an inventory of parks, creeks? ~ pathways, and publicly held open space within the City and its ~p,b.ere of Influe:~;~i;,iiiand provide the report to Council with four months; 4) That they ~ :,::strategy a'~i~8disg~::,~:mechanisms for open space acquisition or preservation ey easeme~:'~i~i ~nstruction and to report to the Council within 10 months; thereaft~ ~B,d meanwhii~;?'i~'0 pursue the work listed in the Ordinance establishing the Commissi~ ~nd alsO;:i~;i~i~h the idea that they would regularly invite educational spokes people with":~ertise, as suggested. Baldwin responded by stating that BLM land and other publicly held City and its Sphere of Influence as currently defined. It was his opinion of the Commission should be on the Open Space and Conservation the General Plan and the Bike and Pedestrian Plan because that's what the oral.bce states as the mandate. Regular City Council Meeting June 18, 2003 Page 9 of 12 Discussion followed with regard to how much land the inventory would encompass. Marlene and Robert Weara, #2 Lookout Drive, Ukiah, each addressed the City GQ~,g~ncil with regard to their concerns of vandalism to areas that would be opened to the removal of trash in those areas, fire hazards with more people using to ensure that private property rights are respected. It was noted that t~i~i:iii~;i~ails in the Low Gap Park area trails are not being used with any degree of freq~!~];:':?;~nd that it would be more practical to develop trails along the Russian River:~::~:::nod~:~O?~ ~:outh than in the western hills. Councilmember Rodin was of the opinion that the POSC?~:Should r~i~e input f~ other communities that have tried to create open spa~ ~'~.~trails ~;~ugh privat~::~ prope~y and how they have handled vandalism to thg,~ ~::ea~?'? ~he felt that it should be made explicit to the Commission to pursue these,~,~'~. lO. NEW BUSINESS ~:~:~:?~?~ ~'~?::~ 10b. ~~~~'Direction Regarding ~:~i~:o CO~ ~:~: Request for Assistance and Suppo~ of the Federal Legi~i~rogram City Manager Horsley advised that the City has received:'~::~:~:~uest from: the County to send a leEer of suppo~ for their Eederal Legislative Progra~?:~?,',~She r~i~wed her Staff Repo~ and listed the items in th.~:,~?:~[8~.., Council discussed each of ~[~"~Cts I':~:~ ~ ~,,¢;~,:.,6ounty's I~: to the City and how they concern, or not concer~";'~:'~he ~of Ukiah,~::; It was the Consensus of Council td':~'~:~,y!~?leEers ~f~; ~Po~ for all of the Mendocino County's Federal ..~j~!ative ~ro~: ram 10c. A ~:Consulta'~ .......................... Citigate Associates for ~::E rmance of for Annexation, Revenue Sharing, 3A-363 :~:~?~ ~ ~:~[~:~:.~ City is was the Request For Proposal (RFP) that was ............. ~::pt out per direction regarding annexation se~ices. Staff had originally ~ ~~&~d $30, ff~e:~jd came in at $11,845 from Citigate. Reference checks wef:~?:~?positive ad::a?~e ~:ly concern that staff had in looking at their proposal was the tim~ .... It was ~~d that the timeline could be e~ended over a five-month period an~ ~t the CEleSte staff's available hours are flexible. Staff is recommending approval of::'~ award 0f se~ice contract for annexation se~ices to Citigate Associates. M/S Baldwi~Rodin Approving award of Se~ice Contract for annexation se~ices to ?~Citigate A~:~iates, carried by the following roll call vote: AYES: Councilmembers ~in, ~~sen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. 107,?: NEW BUSINESS Regular City Council Meeting June 18, 2003 Page 10 of 12 10d. Determine Date and Time for Budget Hearings 3A-465 to 3B-07 City Manager Horsley proposed that staff and the City Council meet at 8:00 a,,m. on Monday, June 24, 2003 and Vice-Mayor Baldwin has asked that there be certaii~i~hds discussed from 8:00 am - noon. The rest of the City Council would meet oq::~i::~'~d~ 8:00 a.m. and review the budget until finished. Vice-Mayor Baldwin will :n~t??~§e able t0 attend that session. .~:,~:~i::?i iii::i Discussionth followed with regard to the Councilmember's schedule~i?~i::~',~0ri June 24th~:and 25 . After some discussion it was determined by Consensus 0fii'~::i?~Quncil th'~{ the budget hearings would begin on Monday, June 24th, 8:00 a.m~:~to noom~then resU~ on Tuesday, June 25th, from 8'00 a.m. until finished. Councilmember Baldwin expressed his appreciati~::::';,~ staff's help in arranging the~: June 23rd budget hearing to his schedule. ..... Ci~ Manager Horsley distributed a budget-h~;~;~ ~hedule~;~;~d on that timeframe as well as some colored cha~s for the budget. She ~l~?~:~!~ibuted to Council a list of what our known expenses will be for the ne~ two yea~::~:~ ~Council will know what we need to plan for. She discussed the cha~s with Council. .......... 10, ~EW BUSINESS .... ......... · l O~. Con,ide,ation,nd C ~;ii~i~,~ ~ City Council ~etin~ ~ was ~he Con,e~,u, of ~n~ii~i~: app~o;; ~~,a~i~:::~ t~; Ju~y 2n~ City Cou~o~ meeting. 10. NEW B U SIN ES S 10f. Consid~ ~:~pisposition ~{~rplus City Owned Prope~y Located at 1~00~~" S'i~treet, AssesSes ~a.j~¢el No. 170-050-13 City ~er Horsley~ ~vised that this ~ would be considered deer the closed ecessed. 10~:~::~ ~m. . '-::~::'"-"~{: :':~: Reconvened. 1~:~:~. p.m. attended the events to welcome home for the Ukiah Air 12. ClTYii~NGER/CITY CLERK REPORTS Regular City Council Meeting June 18, 2003 Page 11 of 12 13. CLOSED SESSION a. Government Code §54956.8 Conference with Real Property Negotiator Property: APN. 170-050-13, 1800 North State Street Owner: City of Ukiah Negotiator: Candace Horsley Under Negotiation: Price, Terms, and Conditions b, Government Code §54956.8 Conference with Real pd~.rty Property: APN. 002-281-02, 03, and 04 ....~:~i;!iiiiiiiiiiiiiiiiiiiiiiiiiiii~i~,~,~,, Negotiator: Candace Horsley ~,~iiiiiiiii!iiiiiiiiiiiii!i!i?'~:~:'~ ~'~,;~iiiiiiiiiiiiii? Under Negotiation: Price and Terms of, ent 10f. Consideration of Disposition of Surplus City oW:'~ i!P:roperty~Located at 1800 North State street, ~sessor's-Parcel No. 170'~ ~i3::,,~:~,:,i~,,~ii:~ i iii? M/S Smith/Andersen to sell AS~ :,i~,,~arcel No. 170-050-13':~ii~,000 and owner to pay all broker's fees; carri~~iiii~!iii~i~~:::.:.roll call vote: :~§: Councilmembers Rodin, Andersen, Smith, B ~n?~d Ua~~~D~:: ~OES: ~6:~e. ABSTAIN: None. 14. A D J O U R N M E N T ~ ;~?~ : There being no fu~[~business, the ~~?ncil mee{~g was adjourned at 11:32 p.m. Regular City Council Meeting June 18, 2003 Page 12 of 12 ITEM NO.: 5a DATE: August 20, 2003 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF JULY 2003 Payments made during the month of July 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: 48253-48334, 48461-48695 Accounts Payable Manual check numbers: none Payroll check numbers: 48337-48460, 48843-48989 Payroll Manual check numbers: 48252, 48335-48336 Void check numbers: 48696-48842 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 July 2003. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Kim Sechrest, Accounts Payable Specialist Coordinated with:Gordon Elton, Director of Finance and Candace Horsley, City Manager Attachments: Report of Disbursements APPROVED: Candace Horsley, City M~~ger KRS:W ORD/AGENDAAJUL03 CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF JULY 2003 Demand Payments approved: Check No. 48253-48334, 48461-48551,48552-48695 FUNDS: 100 General Fund 131 Equipment Reserve Fund 140 Park Development 141 Museum Grants 143 N.E.H.1. Museum Grant 150 Civic Center Fund 200 Asset Seizure Fund 201 Asset Seizure (Drug/Alcohol) 203 H&S Education 11489 (B)(2)(A1) 204 Federal Asset Seizure Grants 205 Sup Law Enforce Srv. Fd (SLESF) 207 Local Law Enforce. BIk Grant 220 Parking Dist. #10per & Maint 230 Parking Dist. #1 Revenue Fund 250 Special Revenue Fund 260 Downtown Business Improvement 290 Bridge Fund 301 2107 Gas Tax Fund 303 2105 Gas Tax Fund 332 Federal Emerg. Shelter Grant 333 Comm. Development Block Grant 334 EDBG 94-333 Revolving Loan 335 Community Dev. Comm. Fund 341 S.T.P. 342 Trans-Traffic Congest Relief 345 Off-System Roads Fund 410 Conference Center Fund 550 Lake Mendocino Bond 575 Garage $142,479.06 _ $1,683.90 $95.45 $15,701.98 $1,666.66 _ $454.98 $38,213.41 $3,613.57 . $1,815.00 $450.00 $3,954.78 $30,213.00 $1,200.00 $6,152.08 $1,673.75 $1,500.72 . _ 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 48252, 48335-48460 DIRECT DEPOSIT NUMBERS 17187-17327 PAYROLL PERIOD 6122103-715103 PAYROLL CHECK NUMBERS 48843-48989 DIRECT DEPOSIT NUMBERS 17328-17486 PAYROLL PERIOD 716103-7119103 TOTAL DEMAND PAYMENTS TOTAL PAYROLL VENDOR CHECKS TOTAL PAYROLL CHECKS TOTAL DIRECT DEPOSIT TOTAL PAYMENTS $27,383.36 $55,229.73 $51.83 --$24,025.2D $11,348.06 $15,285.29 $14,097.69 $905.76 $6,501.44 $4 578.84 $1 143.75 $801 151.91 $12 240.29 $5 380.71 $61 012.84 $1 588.22 $19636.21 $85.075.12 $284,176.00 $110,699.84 $459.81 $1,087.34 $252,600.00 $11,821.96 $2,058,349.54 $69,286.02 $170,386.68 $327,243.98 $2,625,266.22 VOID CHECK NUMBERS: 48696-48842 CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on City Clerk APPROVAL OF CITY MANAGER I have examined this Register and approve same. CERTIFICATION OF DIRECTOR OF FINANCE I have audited this Register and approve for accuracy and available funds. 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H ~ ~H Z~ ~ H r..o H < 0 0 ~0~ Z ~HH ~H~ < '~1 0 0 0 c) o o© o°,:?,° ~ o H C0 ,.....1 0'~ ~0 o o ~ 0~ o ~J 0 ~ < c~ H ~ ~0 o~ o~ L'zJ 0 ~0~00 H u~ H 0 < r.,aO 0 o°SS°°Soo 000000 0 ~o o 0000 0000 o~oo~ o oo oooooo o ~°° <: ITEM NO. DATE: 5b Auqust 20, 2003 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION SETTING THE LIMITATION ON CI'±'~ EXPENDITURES FOR FISCAL YEAR 2003-2004 The passage of Proposition 4 in 1979 (Article XIIIB of the California Constitution), requires local governments to prepare a statement of appropriations limitation. Also, each of the governing bodies must pass a resolution setting the appropriations limit for each budget year. The City's appropriation growth rate is limited to the change in the greater of the City of Ukiah's or Mendocino County's population growth rate and the change in California's per capita personal income. Exhibit A, attached to the proposed resolution, sets forth the calculations necessary to establish the appropriations limit for the City of Ukiah's 2003-2004 fiscal year. For this calculation, each revenue source and General Fund transfer, listed in the adopted budget, must be allocated as "proceeds from taxes" or "non-proceeds from taxes." Adoption of this resolution assures the community and the State of California that the appropriations approved do not exceed the City's annual appropriations limit. For fiscal year 2003-2004 tie calculations show a limit of $24.7 million ($24,703,516) and appropriations subject to the limit of $6.8 million. This provides a large margin of safety ($17.9 million) before compliance with this law would become a concern. The limit for FY 2003-2004 ($24,703,516) is $725,612 greater than the limit for FY 2002-2003. The available funds subject to the limit are still less than one-third of the limit. Therefore, this increase has no effect on the City's budget. Staff recommends the City Council adopt the resolution fixing limitations on City expenditures for Fiscal Year 2003-2004. RECOMMENDED ACTION: 1) Adopt resolution fixing limitation on City expenditures for Fiscal Year 2003-2004. ALTERNATE COUNCIL POLICY OPTIONS: Adopt resolution with modifications. ~ Prepared by: Gordon Elton, Finance Director ~4_,-- Coordinated with: Candace Horsley, City Manager Attachments: 1) FY 2003-2004 Appropriation limitation Resolution, with attachment. 2) State of California, Department of Finance "PRICE AND POPULATION INFORMATION" letter dated May 1, 2003. APPROVED: GE:GANNLIMT.DOC Candace Horsl~, City Manager RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH FIXING LIMITATION ON CITY EXPENDITURES FOR FISCAL YEAR 2003-2004 WHEREAS, the provisions of Article Xlll B of the California Constitution (Proposition 4, 1979, the spending initiative), passed by the voters of the State of California, place a limitation on the expenditures of governmental agencies; and WHEREAS, the above referenced legislation requires the City of Ukiah to establish its appropriation limit for the 2003-2004 fiscal year; and WHEREAS, the Director of Finance of the City of Ukiah has computed the limitation of the City of Ukiah for the 2003-2004 fiscal year in accordance with the provisions thereof in the amount of $24,703,516; and WHEREAS, the appropriation limitation for the 2003-2004 fiscal year was determined by utilizing the change in California per capita income and the percentage of population change within the City of Ukiah as estimated by the State of California, Department of Finance as of January 1, 2003. NOW, THEREFORE, BE IT RESOLVED, that the budgetary appropriation limitation of the City of Ukiah for fiscal year 2003-2004 is hereby fixed at $24,703,516, as set forth in Exhibit "A" attached hereto and made a part hereof by this reference. PASSED AND ADOPTED this 20th day of August 2003, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Eric Larson, Mayor Marie Ulvila, City Clerk Resolution No. 2004Gann Page 1 of 1 CITY OF UKIAH SCHEDULE TO DETERMINE COMPLIANCE WITH PROPOSITIONS 4 & 111 APPROPRIATION LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 2004 Based on Fiscal Year 2003-2004 Budget EXHIBIT "A" A) B) C) PROCEEDS OF TAXES LESS: EXCLUSIONS APPROPRIATIONS SUBJECT TO LIMITATION $6,785,975 $0 $6,785,975 D) E) CURRENT YEAR LIMIT AMOUNT UNDER THE LIMIT (MARGIN OF SAFETY) $24,703,516 $17,917,541 GANN~.XLS Page 1 of 5 CITY OF UKIAH APPROPRIATIONS SUBJECT TO GANN LIMIT 1999/2000 2000/2001 2001/2002 2002/2003 2003/2004 LIMIT PRIOR YEAR $19,829,779 $20,978,877 $22,323,668 $24,117,518 $23,977,904 TIMES: % CHANGE IN CALIFORNIA PER CAPITA INCOME (a) (b) OR % GROWTH IN NON-RESIDENTIAL ASSESSED VALUATION 1.0453 1.0491 1.0782 0.9873 1.0231 n/a n/a n/a n/a n/a AND TIMES: % POPULATION CHANGE CITY (a) OR % POULATION CHANGE COUNTY (a) (c) 1.0073 1.0073 0.9978 1.006 1.016 1.0121 1.0143 1.002 1.007 1.007 NEW LIMIT $20,978,877 $22,323,668 $24,117,518 $23,977,904 $24,703,516 NOTES: (a) State of California, Department of Finance estimates, May 2003 (b) Factor Chosen for calculation, by default. (c) Factor Chosen for calculation. GANN45.XLS Page 2 of 5 CITY OF UKIAH PROPOSITIONS 4 AND 111, APPROPRIATION LIMIT SCHEDULE TO CATEGORIZE BUDGETED REVENUE FISCAL YEAR 2003/2004 REVENUE SOURCE TAXES PROPERTY TAXES SALES & USE TAXES PROPERTY TRANSFER TAX ROOM OCCUPANCY TAX BUSINESS LICENSE TAX FRANCHISE TAX FRANCHISE IN-LIEU CITY UTILITIES OTHER TAXES LICENSES AND PERMITS BICYCLE LICENSES BUILDING PERMITS ELECTRICAL PERMITS PLUMBING PERMITS MECHANICAL PERMITS MISCELLANEOUS PERMITS FINES & PENALTIES INTERGOVERNMENTAL MOTOR VEHICLE IN LIEU TRAILER COACH FEES OFF HIGHWAY LICENSES TAX RELIEF ERAF REFUNDS P.O.S..T. REIMBURSEMENTS COUNTY REIMBURSEMENT MISC. PARTICIPATIONS STATE MANDATED COST REIMBURSEMENT USE OF MONEY & PROPERTY INTEREST RENT SUN HOUSE REVENUE CONCESSION INCOME RECREATION PROGRAM INCOME TRANSFERS TO OTHER FUNDS PROCEEDS OFTAXES $527,800 $3,725,500 $20,000 $380,700 $270,000 $675,000 $875,000 $10,000 $5oo $14,006 $287,469 NON-PROCEEDS OF TAXES $443,200 $100 $80,000 $1o,ooo $8,000 $5,000 $20,500 $55,575 $0 $o $750 $o $o $78,131 $214,180 $8,100 $0 $278,250 $4,556 GANN45.XLS Page 3 of 5 CITY Of UKIAH PROPOSITIONS 4 AND 111, APPROPRIATION LIMIT SCHEDULE TO CATEGORIZE BUDGETED REVENUE FISCAL YEAR 2003/2004 REVENUE SOURCE PROCEEDS NON-PROCEEDS OF TAXES OF TAXES CHARGES FOR CURRENT SERVICES SUBD PLANNING FEES SUBDIVISION FEES GENERAL PLAN FEES EMERGENCY RESPONSE REIM POLICE DEPARTMENT FIRE DEPT SALE OF MATERIALS SALE OF SURPLUS PROPERTY AMBULANCE FEES WEED ABATEMENT VEHICLE ABATEMENT PLAN CHECK FEES SWIMMING POOL LATE CHARGES/PENALTIES LABOR OVERHEAD REIMBURSEMENT MISCELLANEOUS TOTAL GENERAL FUND $14,500 $7,425 $1,800 $20,500 $57,000 $16,050 $0 $0 $420,000 $0 $10,000 $54,539 $33,000 $0 $2,000 $1,200 $6,785,975 $1,844,356 $8,630,331 ENTERPRISE & OTHER FUNDS $35,955,970 $35,955,970 TOTAL BUDGETED EXPENDITURES ADD: TRANSFERS INTO GENERAL FUND $6,785,975 $37,800,326 $44,586,301 $0 TOTAL PROCEEDS OF TAXES $6,785,975 TOTAL NON-PROCEEDS OF TAXES $37,800,326 GANN45.XLS Page 4 of 5 CITY OF UKIAH SCHEDULE OF EXCLUDED APPROPRIATIONS FISCAL YEAR 2003/2004 BUDGET QUALIFIED CAPITAL OUTLAYS LEASE/PURCHASE PAYMENTS FIRE TRUCK (100.2101) CIVIC CENTER (100.xxxx.330.000) STREET EQUIPMENT (100.311 o) AMOUNT $0 $o $o $0 CITY OF UKIAH ALLOCATION OF INTEREST- TO TAX & NON-TAX PROCEEDS FISCAL YEAR 2003/2004 BUDGET A) TAX PROCEEDS LESS INTEREST- GENERAL FUND B) LESS; EXCLUDED APPROPRIATIONS C) NET TAX PROCEEDS D) TOTAL GENERAL FUND REVENUES, LESS INTEREST E) NET TAX PROCEEDS, AS PERCENT OF TOTAL GENERAL FUND REVENUE F) TOTAL INTEREST G) H) AMOUNT OF INTEREST EARNED FROM TAXES AMOUNT OF INTEREST EARNED FROM NON-PROCEEDS OF TAXES $6,498,506 $0 $6,498,506 $8,264,731 79% $365,600 $287,469 $78,131 GANN45.XLS Page 5 of 5 May 1, 2003 Dear Fiscal Officer: Subject: Price and Population Information Appropriations Limit The California Revenue and Taxation Code, Section 2227, mandates the Department of Finance (Finance) to transmit an estimate of the percentage change in population to local governments. Each local jurisdiction uses their percentage change in population factor for January 1, 2003, in conjunction with a change in the cost of living, or price factor, to calculate their appropriations limit for fiscal year 2003-04. Enclosure I provides the change in California's per capita personal income and an example for utilizing the price factor and population percentage change factor to calculate the 2003-04 appropriations limit. Enclosure II provides city and unincorporated county population percentage changes, and Enclosure IIA provides county and incorporated areas population percentage changes. The population percentage change data excludes federal and state institutionalized populations and military populations, as noted. Population Percent Change for Special Districts Some special districts must establish an annual appropriations limit. Consult the Revenue and Taxation Code, Section 2228, for the various population options available to special districts to assess population change in their district. Article XIII B, Section 9, of the State Constitution exempts certain special districts from the appropriations limit calculation mandate. Special districts required by law to calculate their appropriations limit must present the calculation as part of their annual audit. No State agency reviews the appropriations limit. Population Certification The population certification program applies only to cities and counties. Revenue and Taxation Code 11005.6, mandates Finance to automatically certify any population estimate that exceeds the current certified population with the State Controller's Office. Finance will certify the higher estimate to the State Controller by June 5, 2003. Address questions about the price and population data to the Demographic Research Unit at (916) 323-4086. Sincerely, STEVE PEACE Director Enclosure May 1, 2003 Enclosure I Ao Price Factor: Article Xlll B specifies that local jurisdictions select their cost-of-living factor to compute their appropriation limit by a vote of their governing body. The cost-of-living factor provided here is per capita personal income. If the percentage change in per capita personal income is selected, the percentage change to be used in setting the 2003-2004 appropriation limit is: Per Capita Personal Income Fiscal Year (FY) Percentage change over prior year 2003-2004 2.31 B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2003-2004 appropriation limit. 2003-2004: Per Capita Change -- 2.31 percent Population Change -- 1.69 percent Per Capita converted to a ratio: 2.31 + 100 100 = 1.0231 Population converted to a ratio: 1.69 + 1 O0 100 = 1.0169 Calculation of factor for FY 2003-2004: 1.0231 x 1.0169 = 1.0404 E-l: City/County Population Estimates with Annual Percent Change January 1, 2002 and 2003 City/County/State Total Population Percent 1-1-02 1-1-03 Change CALIFORNIA 35,000,000 35,591,000 1.7 MENDOCINO 87,600 88,200 0.7 FORT BRAGG 6,850 6,850 0.0 POINT ARENA 480 480 0.0 UKIAH 15,600 15,850 1.6 WILLITS 5,075 5,025 -1.0 UNINCORPORATED 59,500 60,000 0.8 California Department of Finance Demographic Research Unit AGENDA SUMMARY ITEM NO.: DATE: August 20, 2003 REPORT SUBJECT: NOTIFICATION TO COUNCIL REGARDING PURCHASE OF ELECTRIC METERS FROM WESCO IN THE AMOUNT OF $9,590.72 In compliance with Section 1522 of the City of Ukiah Municipal Code, this report is being submitted to the City Council for the purpose of reporting the acquisition of material costing more than $5,000 but less than $10,000. A quotation was requested for the purchase of 288-FM 2S ABB electric meters. ABB meters and software were determined by City Staff to be the best application for the needs of the City. The meters will be placed in warehouse stock for new services and the continuing meter change out program. Wesco is the sole supplier for ABB meters (ABB policies for distribution, see attachment). A purchase order was issued to Wesco in the amount of $9,590.72 including tax and freight. The meters have been budgeted in the 2003/2004 Fiscal Year in Account Number 800.3650.690.000. Sufficient funds are available. RECOMMENDED ACTION: Receive and file report regarding purchase of electric meters from Wesco in the amount of $9,590.72. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Stan Bartolomei, Electric Supervisor Prepared by: Judy Jenney, Purchasing & Warehouse Assistant Coordinated with: Candace Horsley, City Manager Attachments: ABB Distribution Policies, pages 1-2. Candace Horsley, City mfh:asrcc notificationmeters AUG 29 '9? 14:54 FR ABB ROGERS LANE 919 212 4717 TO 917074672811 P.01/02 ABB Network p, artner ABB Power T&D Company Inc. Information Systems Division 201 South Rogers Lane Raleigh. North Carolina 27610-2107 USA Tel: +1-919-212-4700 Fax:+1-919-212-4717 FacsimileTransmittal TO: City of Ukiah, California From: Pat Corrigan Date: 8/29/97 Total pages including this one: SUBJECT: Single Distribution Telefax: 7074672811 Direct Line: Telefax: +1-919-212-5071 +1-919-212-4717 To the Honorable Board of the City of Ukiah, CA: We do not have multiple channels of distribution for our metering product lines. We tried using multiple channels at one time, but the result was extreme difficulty coordinating effective service and support back to the operations departments of our many public power customers. In public power metering, service and support have always been critical issues but they are even more so today. We know our metering operations customers very well and we know that they operate with a very high level of integrity. At the end of the day, they are the keepers of the cash register of our industry. By keeping close tabs on our distributors we are able to achieve a higher confidence that our distributors are properly supporting our public power customers; thereby preventing mistakes and misunderstandings. Modem electricity meters produced today (like our Alpha Meter) can hold measurement accuracies anywhere from five to twenty times better (closer to true 100%) than the older electromechanical meters. They can also offer much more information about the quality and diagnostic natures of the electricity at the service point. However, excellent technical and commercial support are essential to succesful use of the new metering technology. R~,scffully~ Marketing Manager Electronic Metering ~UG ~ 'D7 14:~ FR ~BB ROGERS L~NE gig 212 4717 TO 917074672811 P.02×02 .,.,?"'" 300---~..,~.r..~~.,VE., UKIAH, CA 954,82 · ADMIN, 707/463.-6200 · POUCE463-6242 · FIRE460..6274 '~' ~I"" ~ August 25, 1997 ' ABB POWER T ~: D 201 $. Rogers Ln. ~ Ralei~ NC 27~10 ' Attn: Pat Cordg~ -. · Re: .~lB-New Generation Alpha Plus Meters ~ As per our Ci~ Municipal Code, under Article 2 Bidding Procedures, we are required to solicit · ¢ bid~proposab from a minimum of three suppliersldi~'ributom. ,~ . ~ ~" ~ We request your as,irate in providing ~ with three supplier/dbtributors in California tM/or ~ Oregon, Washington, Nevada or Arizona. ~ .' · ~ , ,. ., ~, Contact _,77/~_ _ . .... /~'~; / L ~' ?-~'/,v_ .. $$2 Company Name ! ~3 Company Nanle ~'1 Address , Contact . __ ,4. ! ~ ..- :' · ., . ,a,-.:> Thank you for your assistance. ~U~" g~" /__..~''~Nt''''t..~ 5~"~' i Judy J'emaey/Public Utilities 0 --,~ :~',,,/'~ . ,_A "'"' 707/467-2825, Fax: 7071467-2811 _,.~/,~ ~,.[~" _~[ A 'r~ ?O?d$?2Bll P~OE.O1 ** TnTAI P~"~.02 ** Item No. 5d Date: August 20, 2003 AGENDA SUMMARY REPORT SUBJECT: REPORT TO COUNCIL REGARDING SERVICES AGREEMENT WITH UKIAH VALLEY ASSOCIATION FOR HABILITATION FOR LANDSCAPE MAINTENANCE AT THE UKIAH REGIONAL AIRPORT IN THE AMOUNT OF $7,500 Pursuant to the requirements of Section 1522 of the Municipal Code, Staff is filing with the City Council this report regarding the agreement between the City of Ukiah Regional Airport and the Ukiah Valley Association For Habitation (UVAH) for landscape maintenance at the Airport in the amount of $7,500. The Ukiah Valley Association For Habitation's current contract at the Airport provides for landscape maintenance, mowing, and weed cutting. Funds for this service have been budgeted for 2003-2004 in the 600.5001.250.000 account. RECOMMENDED ACTION: Receive Report Regarding The Agreement With UVAH For Landscape Maintenance At The Ukiah Airport In The Amount Of $7,500. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Don Bua, Airport Manager Candace Horsley, City Manager None A P P ROVE D~~%--/~-~.~~'~-. · Candace Horsley, City~anager mfh:asrcc03 UVAHcontract ITEM NO. 5 e DATE: Au.aust 6, 2003 AGENDA SUMMARY REPORT SUBJECT: Allow individual claim for damages by John Templeton and refuse to file or act on class claims as untimely or not in compliance with claim filing requirements SUMMARY John Templeton has filed a claim under Government Code Section 905 to (1) recover $10 he paid under protest following receipt of a written request from the City Finance Department for payment of emergency response costs, following his arrest for driving under the influence of alcohol; (2) recover such payments plus interest on behalf of a class of persons who have paid similar bills within one year of the date he filed the claim (July 7, 2003); (3) stop the City from seeking to recover such costs from similarly situated persons in the future. On the same day that Templeton filed his claim, he served the City with the Third Amended Complaint in Dubray et al. v. City of Dublin et al. which adds the City to a pending class action law suit in Alameda County Superior Court against numerous cities and counties throughout California. I recommend allowing Templeton's claim for $10 and refusing to accept or act on the balance of his claim as follows. 1. Allow his claim for the $10, since he paid this under protest, and he is not compelled to pay the City for these costs, unless the City obtains a judgment against him in a civil action (which would be within the jurisdiction of the small claims court), and the City has not filed any such action against him. 2. Refuse to act on the portion of his claim that seeks to recover payments on behalf of unnamed (Continued on page 2) RECOMMENDED ACTION: As stated in items 1-3 in the Summary ALTERNATIVE COUNCIL POLICY OPTION: Reject all claims. Allow all claims and agree to discontinue the recovery of emergency response costs, unless a vehicle operated by a driver under the influence of alcohol or drugs causes an incident involving damage to persons or property or otherwise requires an emergency response in addition to the use of lights or siren to stop the driver from operating the vehicle in an erratic manner. Citizen Advised: N/a Requested by: David J. Rapport, City Attorney Prepared by: David J. Rapport, City Attorney Coordinated with: N/a Attachments: None APPROVED: ~ Candac-~ Horsley, Cl'~ Manager (Continued from page 1) third parties who made payments to the City more than six months prior to Templeton filing his claim, because under Government Code Section 911.2, a claim for damages must be filed within six months of the accrual of the cause of action. 3. Refuse to act on the portion of his claim that seeks to recover payments on behalf of any unnamed third party, because each person who claims money or damages from the City must file a claim under the State Tort Claims Act, and Templeton cannot file a claim on behalf of other persons. (See Bozaich v. State of California (CA 5 1973) 32 Cal.App.3d 688, 696-699.) If the City Council approves this recommended action, the City will send Templeton three separate notices as required by law: (1) allowing in full his individual claim for $10; (2) refusing to act on claims asserted by Templeton on behalf of other persons who have not filed individual claims on their own behalf between July 7, 2002 and January 7, 2003, because Templeton's claim is untimely as to them, even if he can file such claims on behalf of others; and (3) refusing to act on claims asserted by Templeton on behalf of any other persons who have not filed individual claims on their own behalf, because those other persons have not complied with the claim filing requirements in the Tort Claims Act. In addition, the City should separate and apart from acting on the claim under the Tort Claims Act preserve its right to demand that Templeton or any person he purports to represent make timely objection to the bill within 10 days as required by Ukiah City Code Section 2053. AGENDA SUMMARY ITEM NO. 5 £ DATE: August 20, 2003 REPORT SUBJECT: REPORT TO COUNCIL REGARDING THE EXECUTION OF A CONTRACT WITH T. M. HERMAN & ASSOCIATES, INC. FOR PROFESSIONAL LAND SURVEYING AND RELATED SERVICES, IN THE AMOUNT NOT TO EXCEED $10,000 In compliance with Section 1522 of the City Code, this report is submitted to the City Council to report the professional services totaling more than $5,000, but not more than $10,000. In May 2001, the City entered into a Professional Services Agreement with T. M. Herman and Associates, Inc. of Willits (TMH&A). Since that time, the firm has worked on a variety of tasks for Public Works/Engineering, and the total $25,000 authorized on the Agreement has nearly been exhausted. TMH&A has recently become a wholly-owned subsidiary, as well as a local branch office, of SHN Consulting Engineers & Geologists, Inc. It is therefore appropriate to enter into a new agreement for the continued provision of these services. Over the duration of the previous agreement, TMH&A staff has provided over 350 manhours in support of the City's Public Works Engineering staff. In addition the organization brings a professional and objective third-party perspective to the table when dealing with sensitive issues. It has provided services related to Standley Street and the Sunhouse/Stearns property lines as stated above, as well as research, review and preparation of various property records, deeds, and Parcel and Final maps; these items being related to property line disputes, minor and major subdivisions, boundary line adjustments, easements and Certificates of Compliance. Their work has been timely and seldom if ever requires rework. There are also several tasks, which are ongoing, which require TMH&A's continued expertise and direct knowledge. A sum of $10,000 has been included in the FY 2003/2004 budget in account 100.3001.250.000 to cover this work. In addition, costs incurred for the review of easements for sewer, water, and electric are charged to specific accounts and reimbursed by the developer/customer. RECOMMENDED ACTION: Receive and file report of the execution of Professional Services Agreement with T. M. Herman and Associates, Inc. for Professional Land Surveying Services in an amount not to exceed $10,000 ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Diana Steele, Director of Public Works / City Engineer Prepared by: Diana Steele, Director of Public Works / City Engineer Coordinated with: Candace Horsley, City Manager Attachments: 1. FY ,200~2004 Budget Sheet APPROVED:~ ~;:~_./i~.~Candace!Horsley,~CityL~" Manager Z ~Z~ o 0(_9(.9 o o o o ITEM NO. 7a DATE: Auqust 20, 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 At the July 16 meeting the City Council introduced the draft ordinance amending Chapter 11 of the Municipal Code, regulating telecommunications services within the City of Ukiah. Adoption of the amending ordinance is necessary to update current regulations and proceed with negotiations with Adelphia for renewal of its cable franchise. Corporate attorneys for Adelphia had received a copy of the draft ordinance for review but as of July 16 had not responded with comments. Shortly after the Council's action, local Adelphia Manager, Steve Lamb, requested the City delay adoption as Adelphia attorneys did have comments and requested an opportunity to respond. Other than minor editorial changes, Adelphia's concerns were focused on the costs for franchise fee audits, issuance of customer service reports, and the assessment of late fees by Adelphia to customers. ( Continued on Paqe 2) RECOMMENDED ACTION: Reintroduce ordinance amending in its entirety Chapter 11, Article 2 of the Ukiah Municipal Code, regulating cable, video, and telecommunications services and approve reading by title only. 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: Attachment: N/A N/A Larry W. DeKnoblough, Community Services Director j__u,-., U Candace Horsley, City Manager and David Rapport City Attorney Revised Draft Ordinance APPROVED: ~-~ L,/~..~--~"~C i t.~M a n a g e r Candace Horsley, Cableordinance2.Asr LD/ZIP2 The existing code provides that the Franchisee is required to pay the costs for the City to conduct a franchise fee audit every five years. This allows the City to review Adelphia's books to determine if all due franchise fees are being paid. The City may audit Adelphia at any time, however, this provision required Adelphia to pay the costs of the audit at least every five years. T he proposed Ordinance revised the five year provision to require Adelphia to pay for the audit at the City's discretion. ^delphia's concern was that this represented open ended costs, even if no franchise fee violations were determined. The revised Ordinance has retained the language provided in the current code, which gives the City the right to audit franchise fees at any time, however, Adelphia is responsible to pay the cost every five years. Adelphia had also requested that the proposed Ordinance language regulating late fees assessed to customers be revised. The proposed ordinance provided that the late fees assessed by ^delphia "closely approximate the actual loss suffered as the result of late payments" and provided the City the ability to require adjustments in the amount of late fees, if such fees were found to be excessive. The revised ordinance simply states that Adelphia must assess late fees only in accordance with State law. The proposed Ordinance also requires that Adelphia verify customer service standards are being complied with by issuing to the City, Customer Service reports each quarter. The reports would detail such things a s volume o f calls from customers, average time to complete out-of-service calls and all other service calls, average time to complete new installations, and detailed customer complaint reports. Adelphia had requested that these reports be made available only upon request as opposed to providing them quarterly. Staffs position is that these compliance reports are important tools for responding to the public upon receiving complaints and that the requirement for quarterly reports is being retained in the ordinance. The draft ordinance provided with this report has been revised by the City's consultant Communication Support Group attorneys and reviewed by City Attorney, Dave Rapport. It has also been submitted to Adelphia with the revisions and Adelphia has indicated it may wish to address the Council during the meeting. 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 recommending the ordinance be reintroduced at this time and returned for adoption at September 3ra City Council meeting. 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 MUNIC~AL 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 1883 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 Multiple Franchises 737846.1 1884 1885 1886 1887 1888 1889 189O 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 heating procedures Heating 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 Approvals 1899 Submission of drawings 1900 Relocation of facilities and equipment 1901 Maintenance Minimum Customer Service Standards 1902 1903 1904 1905 1906 Subscriber service standards Identification required Notification to Subscribers Verification of Subscriber service standards Subscriber complaints 737846.1 2 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 fights 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. ACCESS, PEG ACCESS OR PEG USE. Refers to the availability or use of a Cable System or Open Video System for public, educational or government use (including Institutional Network use) by public or private agencies, institutions, organizations, groups, and individuals, including but not limited to Grantor and its designated Access providers, to acquire, create, and distribute programming not under Grantee's editorial control, including but limited to the following: , Public Access or Public Use where members of the general public are the primary or designated programmers or users having editorial control over their programming. . Educational Access or Educational Use where educational institutions are the primary or designated programmers or users having editorial control over their programming. . Government Access or Government Use where Grantor or other governmental institutions designated by Grantor are the primary or designated programmers having editorial control over their programming. 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. 737846.1 4 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 . 4, . 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 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 carder or non-common carder 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. 737846.1 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 on the Cable System which designates educational institutions as the primary providers 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 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 provided by Grantee to Grantor and other governmental institutions designated by Grantor on which non-commercial informational programming regarding govermnent 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: 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 737846.1 b) c) d) e) g) h) 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; 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; Any and all fees charged to Subscribers for service charges and/or late fees attributable to delinquent accounts; 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 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. 737846.1 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. 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 [3 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 737846.1 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 provided by Grantee for 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. 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 737846.1 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 carded 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, 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. 737846.1 10 (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, 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. § 1878 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. 737846.1 11 (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 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 fights 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 737846.1 12 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"). (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 737846.1 13 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 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 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; 737846.1 14 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 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 737846.1 15 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. (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 737846.1 16 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. (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 pay the costs of such audit not more frequently than once every five years or upon a proposed transfer or change of control of the Franchise. Grantee shall cooperate with any such audit making readily available any and all information requested by the City. 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. 737846.1 17 (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 after 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 fight 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 (A) The terms and provisions of a Franchise Agreement for the operation of a Cable System may include, without limitation, the following subject matters: . 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 fights. 8. Requirements relating to the Grantee's support of local cable usage, including the provision of Public, Educational, and Government Access Channels, 737846.1 18 the coverage of public meetings and special events, and financial or technical support for Public, Education, and Governmental Access uses. 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. 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; 737846.1 19 (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, 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; (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; (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 737846.1 20 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 heating officer for his or her determination pursuant to § 1890. § 1889 CITY COUNCIL HEARING PROCEDURES. (A) The City Council may hold a public heating 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.heating. Grantee may appear at such heating 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 heating, 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. (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 heating. The decision of the City Council as to such matters shall be final, but may be challenged by Grantee in a court of competent jurisdiction. (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 heating 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 heating 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 heating officer shall commence a heating unless the parties and the heating officer otherwise agree in writing. 737846.1 21 (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 heating officer in his or her discretion, each party shall bear one-half of the fees and expenses of the heating 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 heating officer may impose the following penalties for any breach of the Franchise, including any breach of Subscriber service standards: (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 ALTERNATWE 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 737846.1 22 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. If a 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 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, 737846.1 23 (2) Such receiver or trustee shall, within said 120 days, execute an agreement duly approved by the Court having jurisdiction, under whicl~ 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 notify 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. (A) 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 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 737846.1 24 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 also shall approve the location and installation of all new aerial facilities. 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, excluding technical specifications. 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 with the City "as-built" drawings, excluding technical specifications, 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 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 737846.1 25 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 (30) 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); (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 after 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. 737846.1 26 (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, after 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 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 737846.1 27 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 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; 737846.1 28 (D) (E) (F) (G) Instructions on how to use the Cable Service; Cable channel positions and identification; Customer service telephone number and office hours; Billing and complaint procedures, including how to resolve Subscriber billing (H) (I) (J) (It) (m) disputes; Credit procedures; Employee identifications; Service call response time scheduling; Time allowed to pay outstanding bills; Grounds for termination of service; 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; (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, unless otherwise provided by its Franchise Agreement. The reports shall provide the following information: (i) department. Volume of telephone calls received by the customer service rate. (2) Percentage of time trunk lines were busy, and the abandonment 737846.1 29 (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. (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. 737846.1 30 (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 theft 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. (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. 737846.1 31 (C) Regulation of Equipment for Heating-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; (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. 737846.1 32 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 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 shall assess any late fees in accordance with California law. 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. 737846.1 33 § 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. 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: 737846.1 34 (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 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 737846.1 35 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; (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: 737846.1 36 (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 (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. 737846.1 37 § 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: Applicant. , The identity of the applicant, including all Affiliates of the 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 Cormnunications Act and the FCC's rules. 3. The area or areas of the City that the applicant desires to serve. 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: 737846.1 38 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: (i) The location and route requested for the applicant's proposed facilities. (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. 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. 737846.1 39 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 [3 76.1511, in accordance with the following standards and procedures: 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 [3 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. 737846.1 40 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: (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 737846.1 41 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. 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 [--1 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 611 (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. 737846.1 42 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 Fl 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: 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. 737846.1 43 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 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 CLMDS"), 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. 737846.1 44 8 1922 VDEO 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 88 53054, et seq.). . The Video Customer Service Act (Government Code 88 53088, et seq.). 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, 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: . The Video Provider's name, address, and local telephone numbers. 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 88 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. Complaint procedures and procedures for bill dispute resolution. 737846.1 45 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. (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. 737846.1 46 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. understandable. o 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 737846.1 47 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: a. The name and address of the customer whose account is delinquent. b. The amount of the delinquency. C. 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. 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, theft 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 737846.1 48 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. 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. 737846.1 49 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: (i) The City must give the Video Provider written notice of any alleged material breach and must allow the Video Provider at least 30 days from receipt of that notice to 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 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 Califomia 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 Califomia 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 737846.1 50 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 ofthe 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. 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. 737846.1 51 b. If the applicant has obtained from the CPUC a certificate of public convenience to operate as a "competitive local carder," 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. (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 Carders (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 carders." 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 737846.1 52 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. PASSED, APPROVED AND ADOPTED this 2002. day of BY: 737846.1 53 ITEM NO. 7b DATE: August 6, 2003 AGENDA SUMMARY REPORT SUBJECT: INTRODUCTION OF ORDINANCE AMENDING UCC SECTION 1203 At the City Council meeting on August 6, 2003, the City Council agreed that appeals of Planning Commission decisions under Ukiah City Code Section 1203 should be filed within 10 days of the date the decision is made and should be contained in a writing that sets forth the reasons for the appeal. At the direction of the City Council, the City Attorney has prepared the attached ordinance amending Section 1203 to make those changes. RECOMMENDED ACTION: Move to introduce the ordinance by title only and then move to introduce the ordinance. ALTERNATIVE COUNCIL POLICY OPTION: Make any desired changes to the ordinance before introducing it. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A City Council David J. Rapport, City Attorney Candace Horsley, City Manager 1. Ukiah City Code Section 1203, Ordinance amending Ukiah City Code Section 1203 APPROVED: Candace Hor~iey, Cil~ Manager 4:CAN/ASR.OrdAmending 1203.82003 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTION 1203 OF THE UKIAH CITY CODE CONCERNING APPEALS BY MEMBERS OF THE CITY COUNCIL OR THE CITY MANAGER - The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE Section 1203 of the Ukiah City Code is hereby amended to read as follows: § 1203: RIGHT OF APPEAL: Notwithstanding any other provision of this Code, individual members of the City Council and the City Manager shall have the fight of appeal to the City Council of any action taken by any Commission, Board or Agency of the City. Appeals under this section of decisions by the Planning Commission shall comply with the following requirements: The appeal must be in writing, state the reasons for the appeal, and be filed with the City Clerk within ten (10) days of the date the decision was made. An appeal that does not comply with the requirements of this Section is not valid and shall not be considered by the City Council. SECTION TWO This Ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. SECTION THREE This Ordinance shall become effective thirty (30) days after adoption. Introduced by title only on ,2003 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Adopted on AYES: NOES: ABSENT: ABSTAIN: ., 2003 by the following roll call vote: Eric Larson, Mayor ATTEST: Made Ulvila, City Clerk AGENDA SUMMARY ITEM NO. 8a DATE: August 6, 2003 REPORT SUBJECT: ADOPTION OF RESOLUTION MAKING APPOINTMENT TO THE PARKS, RECREATION, AND GOLF COMMISSION On March 18, 2003, the City Clerk's office received notification from Perry Ramsey, Men's Golf Club representative, of his resignation from the Parks, Recreation and Golf Commission. His term on the Commission expires June 30, 2004. The Men's Golf Club submitted a letter to the City recommending that Joe Chiles be appointed by the City Council to fill the vacancy created by Mr. Ramsey's resignation. According the City of Ukiah Code Section 1001, membership of the Parks, Recreation, and Golf Commission shall consist of one member of the Ukiah Men's Golf Club, one member of the Ukiah Women's Golf Club, one member of either the Men's or Women's Golf Club, and four at large members, at least two of whom shall reside within the City limits, and two of whom may reside outside the City limits but within the City's Sphere of Influence. Per Resolution No. 2001-61, Council is to conduct interviews of applicants for the Parks, Recreation and Golf Commission, however, since this vacancy is to be filled upon recommendation from the Men's Golf Club, no interview has been scheduled. The responsibility for the nomination at this time is Mayor Larson. RECOMMENDED ACTION: Adopt Resolution making appointment to the Parks, Recreation, and Golf Commission to fill the term of office of the Men's Golf Club member expiring June 30, 2004. ALTERNATIVE COUNCIL POLICY OPTIONS: Direct staff to advertise for the vacancy. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Applicant notified Ukiah Men's Golf Club Marie Ulvila, City Clerk ?.~'/~--~.L ~:., ~~z~.~,~.~ Candace Horsley, City Manager 1. Resolution making appointment to the Parks, Recreation, and Golf Commission 2. Resignation letter from Perry Ramsey 3. Letter of Recommendation from the Men's Golf Club 4. Terms of City of Ukiah Boards and Commissions 5. Resolution 2001-61: Procedure for Filling Vacancies on City Commissions and Boards 6. Application for appointment submitted by Joe Chiles Candace Horsley, C~ ASR: Commission Appointment-Parks, Rec 2003 Manager ATTACHMENT RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH MAKING APPOINTMENT TO THE PARKS, RECREATION, AND GOLF COMMISSION WHEREAS, on March 18, 2003, Perry Ramsey, representing the Men's Golf Club, submitted his resignation to the Parks, Recreation, and Golf Commission, from the term that expires June 30, 2004; and WHEREAS, the Men's Golf Club was duly notified of Mr. Ramsey's resignation from the Parks, Recreation, and Golf Commission; and WHEREAS, the Men's Golf Club submitted a letter to the City Council recommending that Joe Chiles be appointed to fill the unexpired term of office. NOW, THEREFORE, BE IT RESOLVED, that the Ukiah City Council approves the nomination submitted per procedures outlined in Resolution No. 2001-61, and does hereby appoint to fill the unexpired term of office for a representative from the Men's Golf Club on the Parks, Recreation, and Golf Commission to June 30, 2004. vote: PASSED AND ADOPTED this 6th day of August 2003, by the following roll call AYES: NOES: ABSTAIN: ABSENT: A'I-rEST: Eric Larson, Mayor Marie Ulvila, City Clerk ATTACHMENT UKIAH MEN'S GOLF CLUB 599 Park Blvd. Ukiah, California 95482 ATTACHMENT.~.~.~ July 17, 2003 Larry Deknoblough City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Mr. Deknoblough, During our June meeting, the Board of Directors nominated Joe Chiles to represent Ukiah Men's Golf Club on the Ukiah Parks and Recreation Commission. Thank you for you consideration in this matter. Sincerely, '~,13~iah MBre°n'Wsnc lub President ^TTA~HU~T TERMS OF CITY OF UKIAH BOARDS AND COMMISSION MEMBERS As of July 17, 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 6/30/04 6/3O/O5 6/30/05 6/3O/O4 Robert Beltrami, Interim Chairman 7/05/01 6/30/04 (perW Ramse¥)Men!s G°lf Club 7/05/0t 6/30/04 ,, : **Fredrick Koeppel - Public Member 7/17/02 6/30/05 ** Two Commissioners may reside within the Sphere of Paths, Open Space, & 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 6/30/O6 6/30/05 6/30/06 6/30/O6 Planning Commission-3 year term - (Larson*) James Mulheren, Chairman Kathleen Edwards, Vice-Chair Robert Wallen Kevin Jennings Jennifer Puser Appointment 7/17/02 7/17/02 7/05/01 7/16/03 7/16/03 Expires 6/30/05 6/30/05 6/30/04 6/3O/O4 6/3O/06 Traffic Engineering Committee - (Andersen*) Benjamin Kageyama (Public Rep.), Chairman Kevin T. Cotroneo (Public Rep.) Doug Pliant (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: July 17, 2003 Page 2 of 2 .~TTACHMENT ,~ RESOLUTION NO. 2001-61 RESOLUTION OF THE CITY COUNCIL OF THE CITY 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: Counciimembers Larson, Smith, Baldwin, and Mayor Ashiku NOES: Counciimember Libby ABSTAIN: None ABSENT: None ATTEST: Marie Ulvila, City Clerk Philip A~shiku, Mayor .~ACHMEN~ ~ ClTY OFUKIAH J!!~'ii f2 ,~ ~ g !~] ~ i'~ APPLICATION FOR APPOINTMENT PARKS, RECREATION & GOLF COMMISSIO~Jj C~0F '" ' UK,~H ~ r~ =mr'c DEPARTMENT I am applyin9 for an appointment to the Ci~ of Ukiah's Parks, Recreation &G61f Commission.' 2. Residence Address 3. Business Address 4. Employer Job Title Res. Phone ~.-Z/'~ ;2-7'-f'~'",_.._ Bus. Phone. g ~ 7 '- 2_.- ~' 3 Employed Since 5. How long have you resided in Ukiah? ~ years; Mendocino County ~ years; Calif.? ./~ years . Please list community groups or organiz.,ations you are affiliated with and indicate any offices held Please answer the following questions on separate sheets of paper and attach to application. 7. Why are you applying to serve on the City of Ukiah's Parks, Recreation and Golf Commission? 8. What is your understanding of the purpose, role and responsibility of the Parks, Recreation and Golf Commission? . How do you believe your own skills, experience, expertise and perspectives will be beneficial to the work of the Parks, Recreation and Golf Commission? 10. What do you believe is the single most important parks, recreation, and golf issue facing our community? And why? 11. In your opinion what type or types of parks development or recreational and golf programs should the City encourage? 12. In your opinion what type or types of parks development or recreational and golf programs should the City discourage? 13. What kind of ideal community do you envision for Ukiah? 14. Are there any other City of Ukiah Committees/Commissions in which you are interested and on which you would be willing to serve? Please return this application and attachments to the City Clerk. Thank you for your interest in serving the City of Ukiah. Signat Date City of Ukiah, 300 Seminary Avenue, Ukiah, CA 95482-5400 Forms: Parks, Recreation & Golf Commission Application Revised: 5/16/02 Phone: 463-6217 Fax: 463-6204 Parks, Recreation & Golf Commission Applicant UMGC Representative/Joe Chiles Aug. 11, 2003 Answers to Questions 7 through 14 7. To take an active role in the present and future development of this city's recreational resources. In addition, I was asked by our club's Board of Directors to complete the current term that was created by the resignation our club's previous representative. 8. My understanding of the purpose, role and responsibility of the P.P.&G Commission is to provide a public forum for ideas that can be used by the commission, in its role of advising and or recommending programs to the City Council for their consideration. 9. I do believe that I will add some insight from the planning and development prospective from my years as a city planning commissioner. I also will be bringing to the commission the views and ideas of our Men's Club board. 10. Single important issues for each facet of our recreational needs are: PARKS: Enough funding for regular maintenance. RECREATION: To make sure that all programs are self-sustaining. Possibly some funding fi.om the county for the recreational needs that this city now provides many county residents? GOLF: Finding another source of water. Possible use of reclaimed water? 11. As far as any new park development, I would encourage that any new development be done on the basis of need and ability to maintain. Currently, I believe that the city's existing parks (and programs) are adequate for the current population and proposed build-out. 12. Any type of development or program that would be hazardous to the health of our citizens. 13. Ideally, I envision a fully implemented General Plan. 14. No other at this time. Thank you. I would like to let the Council know that any action affecting the golf course or the Ukiah Men's Golf Club would first be discussed with the UMGC Board of Directors. The board's stance on those issues will carried by me to the commission on their part and would not necessarily be my own beliefs. Due to the timeliness of this application process, I was unable to get'the board's answers for the above questions. That is why I want the Council to know that the above answers are my own personal feelings and may differ from what the UMGC may have. ITEM NO: 8b MEETING DATE: August 20, 2003 AGENDA SUMMARY REPORT SUB.1ECT: DISCUSSION AND POSSIBLE DIRECTION REGARDING NOISE-- BALDWIN/ANDERSEN Vice-Mayor Baldwin and Councilmember Andersen have asked to agendize a discussion of noise for the City Council. They have also asked for a variety of documents and information to be provided to the Council in preparation for this discussion. Staff has provided answers to various questions in the body of the report, but has also attached documentation that was requested, including excerpts from the Ukiah City Code related to noise, the Ukiah Valley General Plan Noise Element, and several articles from various internet sites that focus on noise issues. In addition, the first attachment is a letter from Vice-Mayor Baldwin, which states his issues regarding noise from leaf blowers, car stereos, two-cycle scooters, amplified music, airport, quiet time at Lake Mendocino, and car alarms. (Continued on page 2) RECOMMENDED ACTION: Discuss and provide direction to staff. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Vice-Mayor Baldwin Candace Horsley, City Manager Police, Community Services, Public Works Departments 1. Letter from Vice-Mayor Baldwin 2. Noise-related Ukiah City Code Sections 3. Noise Element of the General Plan 4. Internet Sites and Articles Approved: Candace- H°rsley, City M~3~ager 4:CAN/ASR. Noiselssue.82103 The following are answers to the various questions asked by Vice-Mayor Baldwin and Councilmember Andersen: 1. Questions to Police Chief .lohn Williams: a. Do we control the level of fines for car stereo noise? No. Section 27007 of the California Vehicle Code authorizes enforcement when the sound from an amplification system can be heard 50ff or more from a vehicle that is being operated on a highway. Fines for vehicle code violations are set by the Court. b. Do we control level of fines for noise ordinance violationP. No. [fa violator is cited for a state code violation, i.e.: Penal or Vehicle Code, the fine is established by the Court. :If a person is cited for a Ukiah City Code (U.C.C.) violation they are currently cited to appear in court and are subject to the fine schedule established by the court. The City Attorney would have to answer if an alternative fine schedule and hearing process can be adopted for U.C.C. violations (similar to parking violations). Cl What are the current fines per violation? The current fine for violating 27007V.C. is: $35.00 base fine; $8.75 County charge; $110.00 added penalty;S8.75 Sur-charge: Total Fine: $162.50. There is no fine set at this time for violation of 6058 U.C.C., the "General Noise Regulation". Tn this case T do not know what guideline the judge uses in assessing a fine. Tn researchinQ this~ the c¢)urt told US that it has been years since the U.C.C. fine schedule was revised. They would be happy to receive input from the City as tO what the base emoqJnts for fines should be. d. Do we have power to impound car~ for car stereo noise for multiple offenses? No. The circumstances authorizing us to impound/tow a vehicle are very specific and are clearly listed in the vehicle code. The court could probably order it as an ongoing nuisance but that is unlikely. Again, the City Attorney would have to answer if an ordinance can be established to allow this. e. Do we have the power to mandate car stereo dealer~ give verbal and written warning about noise law and associated penalties? [ would suppose that a local ordinance could be enacted requiring this. However, remember that stereo equipment can be purchased at many places including retail stores like Wal-Mart etc. They can also be purchased over the internet and of course out of town. Do we have power to ban those 2-cycle scooters?. [ do not believe so, as they are authorized by Vehicle Code (V.C.). There are enforcement actions that can be taken and the V.C. authorizes local governments to enact registration requirements. Since they are not classified as vehicles they do not fall under the same equipment requirements as cars and motorcycles. The vehicle code specifies what sections can be enforced against the scooters. The best solution would be for the legislature to distinguish between electric and gas scooters and enact legislation against the gas scooters or at the least establish noise regulations. Do we I~ave any control over repeated car a/arm blastw from the same car in a nei§l~borl~ood? The vehicle code allows a peace officer to tow a vehicle when an alarm has been sounding for at least 20 minutes afl:er the arrival of the officer and the owner cannot be located and the alarm shut off. This is the only enforcement action allowed at this time. There are general noise regulations that can be enforced but these require certain elements to be present and will require a "victim" willing to pursue the complaint. 2. Noise-related calls for service: The following are the statistics for the year 2002 through .luly 2003 for loud noise calls: Loud music/parties: 2002:485 calls for service 2003:386 calls for service to date Barking dogs: 2002:116 calls for service 2003:81 calls for service to date Amplified music from vehicles in excess of 50 feet: 2002:54 citations issued 2003:22 citations to date For calendar year 2002, the Police Department responded to 24,000 incidents. The loud noise complaints were 2% of total calls for 2002, .5% for barking dogs, and .2% for amplified music from car stereos. Total noise complaints were 2.7% of total calls. 3. City use of leaf blowers: The new standard set in .luly 2001 was to limit the operation of City-operated leaf blowers from 8:00 a.m. to 5:00 p.m. Monday through Friday and 9:00 a.m. to 5:00 p.m. on Saturdays. The new standards have not generally had a significant negative impact except for some difficulties for the golf division in that golfers arrive early in the morning, limiting the ability to clean the parking lot. :In 2001, a letter was sent to local landscapers requesting they voluntarily follow the same guidelines as the City, so as to reduce the impact of leaf blowers in the early morning and late evening hours. 4. Refuse pick-up: Ukiah City Code Section 6059 specifically exempts the following activities from the provisions of the Noise Ordinance: a. Garbage collection activity subject to City franchise b. Operation of street sweepers by City personnel Trash pick-up begins at 5:00 a.m. On average, we receive one to two comments per year regarding the early morning hours. The franchise company is allowed to begin at 5:00 a.m., as their route per pick-up day is 10-11 hours. This includes the garbage pick-up as well as the co-mingled and greenwaste recycling. ]f there are any problems with the equipment, this can add another hour to the schedule for that particular day. 5. Amplified music in City Parks: There are regulations regarding amplified music in City Parks in Section 1985 of the UCC which provides the Director of Parks and Recreation and the City Manager the authority to issue permits for amplification in the parks. However, due to the Sunday Concerts in the Park series at Todd Grove Park, we restrict amplified music for special events such as the Mother's Day [ce Cream Social and an occasional symphony event. The Plaza does host several amplified events, however, they are now required to restrict the number of hours for amplified music so as not to go late into the evening. There are also special events such as the Pumpkinfest and the antique car show, where amplified music is allowed, however, these are downtown events, and once again, hours are restricted not to go past a certain time period. For Pumpkinfest, this is 4:00-5:00 p.m. Staff has provided the attached information based on Councilmembers' request. This item is provided for Council's discussion and possible direction. ATTACHMENT August 1 I, 2003 Ukiah Cite' Council, Among business and industry executives, a conmmnity's quality of life is factor m.~mber one in site selection and retention. It is also a vital factor in where we, as individuals, choose to live. Clearly our lovely and friendly neighborhoods are Ukiah's greatest asset. We take tremendous pride in our residential streets and parks. But this tranquil community is today increasingly interrupted by the noise of mechanized gadgets, certain vehicles, and sound equipment. Yes, we live in a time when people feel increasingly impotent to change public policy and this discourages complaint. An ever more garish, noisy, culture yields numbness, obliviousness, and pent up anger. This corporate propelled culture of noise invades our privacy and discourages reading, thought, discussion, and active citizenship as well. Ukiahans must realize that this continuing degradation of our quality of life is not inevitable here; noise complaints are in order and are effective. It is clear that noise causes stress. Studies show it increases output of adrenaline, changes heart rates, and increases blood pressure. Noise is associated with increased risk for heart attacks. In noisy communities gastrointestinal problems increase, along with antacid and sedative consumption. As a cause of increased stress, it is not simply the loudness of the noise but also the quality and persistence of the noise. The Environmental Protection Agency has stated that noise lowers resistance to disease and infection. According to the E.P.A. as well, "people who live in noisy places tend to adopt lifestyles devoid of communication and social interaction." Writing in "Issues in Science and Technology" in 1993, Alice Suter, Ph.d., wrote: "even moderate noise levels can increase anxiety, decrease the incidence of helping behavior, and increase the appearance of hostile behavior." This is why our Council should do everything it can to enhance tranquility and foster neighborliness in Ukiah. And so I ask for Council discussion of the following policy proposals. Phil Baldwin LEAF BLOWERS (* see below for specifics) A. Education in quarterly City Newsletter regarding the unhealthy pollution of leaf blowers and the corresponding social benefits of reducing blower use: 1. Exercise for weight loss and healthy hearts 2. Less noise means less stress 3. More friendly neighborhoods B. Recommended Hours of Operation in quarterly City Newsletter 1. Weekdays: 10 to4 2. Saturdays: 10 to 2 3. Sundays & Holidays: No Use C. Council letter to landscaping companies encouraging their offering "Quiet - No Blower Service" D. $5 City Rebate on Purchase of Rakes & Outdoor Brooms BOOM CAR STEREOS Enforce state law & noise ordinance to the maximum. Consider the following citations: A. First offense $100 or three hours of solitary confinement with loud "oppositional" music. (e.g. if all CD's in cited car are Gangster Rap, the oppositional music could be Dwight Yoakam and the Judds, fifties hits of Pat Boone, and dissonant orchestral works by Strauss or Stravinsky) B. Second offense $250 or six hours of solitary confinement with loud oppositional music C. Third offense car impoundment or stereo impoundment and $400 fine. D. Require car stereo dealers to issue verbal and written warnings about Ukiah's noise !aw and penalties. TWO CYCLE SCOOTERS Ban them! (if this power has not been usurped by State government) AMPLIFIED MUSIC A. Use Quarterly City Newsletter to remind citizens of noise ordinance. B. Enforce the noise ordinance to the maximum extent possible C. Without a petition signed by majority of park's nearest residents 1. No amplified concerts in Todd Grove Park, excepting City sponsored summer concerts 2. No amplified concerts in Vinewood, Orchard, Oak Manor, & McGarvey parks. E. Limit Plaza and School Street amplified sound events to 20 to 25 yearly (total for the two). AIRPORT A. Letter to all helicopter operators requesting they first fly east, then use Highway 101 corridor when destination is north or south B. Letter to Commercial Carrier/Couriers requesting their use of Noise Abatement take off and landing pattern in all clear weather QUIET LAKE TIME / SHARE THE LAKE A. Renew ResolutiOn for Quiet Times at Lake Mendocino (see attachment) B. Request Public Hearing on this proposal be sponsored by Army Corps of Engineers City of Ukiah, and Mendocino County. CAR ALARMS GOING OFF REPEATEDLY While tiffs may not yet be a xnajor noise issue in Ukiah, it likely will be as the City gets more crowded and increasing crime and paranoia into our life creeps. * Leaf Blowers Leaf blowers separate us and cause social irritation. As one letter writer noted: "Is there any more ridiculous invention of the late 20th century-? Let's see now, we blow dust from one place to another without actually cleaning it up, and get air and noise pollution in the bargain. Now there's a deal." Wouldn't a broom and rake be better? Leaf blowers are harmful to the health of neighbors (and even more so to those who operate them) because they create si~cant air and noise pollution. Air pollution. The federal Environmental Protection Agency and the State Air Resources Board have determined that "particulate matter air pollution is a threat to our health." In a pamplxlet produced by these agencies on what citizens can do to reduce particulate pollution they state "Avoid using leaf blowers and other dust producing equipment." Most are aware of skyrocketing rates of children's asthma, which studies have shown is linked primarily to suspended molds, pollens, mite droppings, and a variety of other entrained dusts. A leaf blower lifts up 2.6 pounds of dust per hour while using a mixed fuel two cycle engine which emits as much photochemical ozone producing smog as 17 cars. We all know that both particulate matter and photochemical smog have a proven link to lung cancer and emphysema. What else is in the dust entrained by the leaf blower, dust that settles on neighbors cars and in their houses and lungs? From the garden: pesticides, animal feces, mites; from the gutter and driveway: all the cancer causing agents found in car oil, fuel, tires and brake linings. Noise. Among those who are home week days we find shut-in seniors, napping preschool children, folks who have their office at home, police, fire fighters, and those on ~aveyard shift trying to sleep, not to mention others who have to call in sick. The rest of us are home on holidays and weekends where we seek respite from the stress of the hectic workaday world. The leal' blower emits a unique whine that can be heard four blocks away and is a stressor we cannot control. Ironically, those at greatest risk from both forms of pollution are the gardener operators themselves. All of the dangerous effects noted previously are compounded greatly in the ears and lungs of the operator. In response to those who will argue against singling out the leaf blower when noise is created by lawn mowers, skill saws, chain saws and weed eaters, it must first be noted that all these other devices perform an a~eed upon utilitarian function; the latter three are also used with much less frequency. With respect to lawn mowers, the quality of that noise is superior and muffled while its time of use these days is usually minuscule compared to that of the leaf blower. It is not uncommon for the job to hnvolve fifteen or twenty minutes of lawn mowing and then an hour or more of leaf blowing. Rather than achieving a valuable purpose, the leaf blower is a technological convenience that may save a wee bit of time in comparison with the broom a rake. In a recent half acre test in Connecticut, the blower was ten minutes faster. Is such. a convenience worth the social cost? And for some, not in the landscape maintenance business, if we truly cut to the quick, the blower is little more than a novelty,, a new gadget to relieve boredom. Another issue, less vital to some, is the impact of the leaf blower on the garden .itself and the community of animals that live in and around it. Blowers can dislodge disease spores long dormant, under the soil and send them to rest on garden plants. The leaf blower's hurricane force winds are clearly unhelpful, if not harmful, to certain garden plarxts and the removal of naturally occurring mulch may increase water usage or negatively impact plant growth. And it doesn't demand an excess of compassion to grasp the blower's effect on beneficial and friendly animals such as bees, lady bugs, worms, garden spiders, praying mantises, not to mention birds, dogs, cats and squirrels. Few can state our perspective better than Kenneth Maue: "When harsh noise hits, instead of reaching out to greet the world with open ears, we shrink back into shells, or try to; in truth the ears can't shut, nor like the eyes turn away. Noise controls space like an occupying army, travels through walls, enters homes, 'violates privacy, stops thought, batters each of us into isolation." Let's admit our dismay about this apparent leaf free yard compulsion - a phenomenon that seems to have arisen with the popularity of the leaf blower itself. Surely, Uhah neighborhoods and yards were just as beautiful twenty years ago before blowers arrived in force. On the other hand, we realize what old leaves can do to a lawn. Nevertheless, the old fashioned way of removing them is better for our personal health and our community. In a culture struggling with obesity and social isolation, the r~e and broom provide a tremendous benefit: physical exemise and good neighbor courtesy. RESOLUTION NO.99-44 6 and RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH CALLING ON THE ARMY CORPS OF ENGINEERS TO INSTITUTE A POLICY TO CLOSE LAX:E MENDOClNO TO INTERNAL COMBUSTION WATER GOING VEHICLES DURING VARIOUS HOURS WHER=~S, Lake Mendocino is a key recreational resource for the people of Ukiah; WHEREAS, many citizens of UkJah currently fail to take advantage of this resource because of the noise generated there by power boats and let skis; and WHEREAS, many citizens of Ukiah who are swimmers, sailboaters, hikers, picnickers, canoe and crew enthusiasts, runners, mountain bikers, rowers, and campers, appreciate the peacefulness of a quiet lake; and 2.2 WHEREAS, these folk and the lake fishery may appreciate and benefit from an :.3 occasional break from the noise, fossil fuel, and MTBE pollution generated by power boats 2.4 and jet skis; and !5 WHEREAS, the concept of sharing is a good one. :t. 6 NOW, THEREFORE, BE IT RESOLVED that the Ukiah City Council calls on the 2.'/ Army Corps of Engineers to institute a policy to close Lake Mendocino to internal 2.8 combustion water-going vehicles on Sundays and Mondays during the season of 2.9 September 15 to May 1, and Mondays and Tuesdays after 5:00 p.m. during the season of 20 May 1 to September 15. 21 PASSED AND ADOPTED this 2nd day of June, 1999, by the following roll call vote: ., 22 AYES: Councilmembers Smitl~', Baldwin, and Mayor Mastin. NOES: Councilmembers Libby and Ashiku. 23 ABSENT: None. ABSTAIN: None. 24 25 ATTEST: Marie U M',a, 28 4:Res:Corps astin,' Mayor §6040 ~,TT.~,CNMENT~ §6040 CHAPTER 1 CRIMES AGAINST PUBLIC PEACE AND ORDER ARTICLE 5. MOTORCYCLES: OFF-HIGHWAY MOTOR VEHICLES SECTION: §6040: Findings and Purpose §6041: Operation Violation {}6042: Mufflers §6043: Coordination §6044: Violation {}6040: FINDINGS AND PURPOSE: The City Council finds: A. That the driving, riding, and use of motorcycles, motor-driven cycles, or off- highway motor vehicles on public and private property within the limits of the City is and can be the cause of noise and dust and of the destruction of plants, landscaping, and other personal and real property, which conduct adversely affects the comfort and privacy of occupants, and residents of the City. Because said conduct may be intermittent, fleeting, moving, or caused by persons who are minors, the other provisions of this Code, as well as other legal remedies, are inadequate to control said conduct and its adverse effects. The provisions of this Section relating to the regulations of motorcycles, motor-driven cycles, or off-highway motor vehicles are therefore necessary for the public welfare. S. That the purpose of this Section is to exercise the police power in order to protect the enjoyment and use of public and private property, to protect the rights of privacy, and to preserve property and personal values and to promote peace and quiet within the City by regulating the use of motorcycles, motor- driven cycles, or off-highway motor vehicles on public and private property within the City. 7011 §6040 §6043 B) This Section shall not apply to the driving, riding, and use of motorcycles, motor-driven cycles, or off-highway motor vehicles on street and highways or in other areas which are specifically governed or preempted by the Vehicle Code or any other statutes of the State of California. (Ord. 692, §1, adopted 1977) §6041: OPERATION VIOLATION: It shall be unlawful for any person to drive, ride, or use a motorcycle, motor-driven cycle, or off-highway motor vehicle, as such vehicles are defined in Sections 400, 405, and 38012 respectively of the Vehicle Code of the State of California, including but not limited to motor scooters, motor bikes and mini-bikes, upon any public or private property which is not on improved public street or highway, or an improved private street constructed in accordance with City standards and approved by the City, except that this Section shall not apply in any of the following instances: A. Where such vehicle is being driven, ridden, or used upon property by the owner, resident or tenant of such property, or by an authorized visitor when such visitor is accompanied by or has a written authorization in his possession from the owner, resident or tenant of such property. B, Where such use is permitted pursuant to a use permit or otherwise in accordance with the zoning regulations of the City. (Ord. 692, §1, adopted 1977) §6042: MUFFLERS: It shall be unlawful for any person to drive, ride or use a motorcycle, motor-driven cycle, or off-highway motor vehicle, as such vehicles are defined in Sections 400, 405 and 38012 respectively of the Vehicle Code of the State of California, including but not limited to motor scooters, motor bikes and mini-bikes, upon any public or private property which is not an improved public street or highway, or an improved private street constructed in accordance with City standards and approved by the City, unless said motorcycle, motor-driven cycle, or off- highway motor vehicle is at all times equipped with an adequate muffler in constant operation and properly maintained so as to meet the requirements of Section 38370 of the Vehicle Code of the State of California, as the same now exists or may hereafter be amended, and no muffler or exhaust system shall be equipped with a cutout, bypass, or similar device. The provisions of this Section shall not apply if the enumerated vehicles are being operated on a lawfully zoned and operating race track. (Ord. 692, §1, adopted 1977) §6043: COORDINATION: The regulations contained herein do not supersede or preclude the enforcement of the zoning regulations or any other regulations contained in this Code which are applicable to any conduct regulated hereby. (Ord. 692, {}1, adopted 1977) 7012 {}6O44 {}6O44 {}6044: VIOLATION: Violations of this Article are hereby declared to be infractions and violators shall be punished by a: A. Fine not to exceed fifty dollars ($50.00) upon first conviction; S. Fine not to exceed one hundred dollars ($100.00) upon second conviction within one year of first conviction; C. Fine not to exceed two hundred fifty dollars ($250.00) for a third or any subsequent conviction within a one year period. (Ord. 692, {}1, adopted 1977) 7013 §6O45 §6O45 CHAPTER 1 CRIMES AGAINST THE PUBLIC PEACE AND ORDER ARTICLE 6. NOISE REGULATION SECTION: §6045: §6046: ,{6047: {}6048: §6049: §6050: §6051: §6052: §6053: §6054: {}6055: §6056: §6057: §6058: {}6059: {}6060: §6061: {}6062: Declaration of Policy Definitions Sound Level Measurement Criteria Ambient Base Noise Level Radios, Television"Sets and Similar Devices Hawkers and Peddlers Schools, Hospitals and Churches Animals and Fowl Machinery, Equipment, Fans and Air Conditioning Construction of Buildings and Projects Vehicle Repairs Motor Driven Vehicles Regulations General Noise Regulations Exemptions Violations; Misdemeanors Violations; Additional Remedies; Injunctions Severability §6045: DECLARATION OF POLICY: It is hereby declared to be the policy of the City to prohibit unnecessary, excessive and annoying noises from all sources subject to its police power. At certain levels noises are detrimental to the health and welfare of the citizenry and in the public interest shall be systematically proscribed. (Ord. 748, Article 1, adopted 1980) 7014 §6046 §6046 §6046' DEFINITIONS: As used in this Chapter, unless the context otherwise clearly indicates, the words and phrases used in this Chapter are defined as follows' Ao Ambient Noise: "Ambient noise" is the all-encompassing noise associated with a given environment, being usually a composite of sounds from many sources near and far. For the purpose' of this ordinance, ambient noise level is the level obtained when the noise level is averaged over a period of fifteen (15) minutes without inclusion of noise from isolated identifiable sources, at the location and time of day near that at which a comparison is to be made. B= Decibel (dB)' "Decibel" shall mean a unit of level when the base of the logarithm is the tenth root of ten and the quantities concerned are proportional to power. C. Emergency Work: "Emergency work" shall mean work made necessary to restore p~operty to a safe condition following a public calamity or work required to protect persons or property from an imminent exposure to danger or work by private or public utilities when restoring utility service. D. Person: "Person" shall mean a person, firm, association, copartnership, joint venture, corporation, or any entity, public or private in nature. E. Sound Level: "Sound level" (noise level) in decibels (dB) is the sound measured with the "A" weighting and slow response by a sound level meter. F,, Sound Level Meter: "Sound level meter" shall mean an instrument including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of sound levels which satisfies the pertinent requirements in American Standard Specifications for sound level meters S1.4-1971 or the most recent revision thereof. G. Motor Vehicles' "Motor vehicles" shall include, but not be limited to, mini-bikes and go-carts. H. Sound Amplifying Equipment: "Sound amplifying equipment" shall mean any machine or device for the amplification of the human voice, music or any other sound. "Sound amplifying equipment" shall not include standard' automobile radios when used and heard only by the occupants of the vehicle in which the automobile radio is installed. "Sound amplifying equipment," as used in this Chapter, shall not include warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes. 7015 §6046 §6049 Jo Commercial Purpose: "Commercial purpose" shall mean and include the use, operation, or maintenance of any sound amplifying equipment for the purpose of advertising any business, or any goods, or any services, or for the purpose of attracting the attention of the public to, or advertising for, or soliciting patronage or customers to or for any performance, show, entertainment, exhibition, or event, or for the purpose of demonstrating such sound equipment. Noncommercial Purpose: "Noncommercial purpose" shall mean the use, operation, or maintenance of any sound equipment for other than a "commerciai purpose." "Noncommercial purpose" shall mean and include, but shall not be limited to, philanthropic, political, patriotic and charitable purposes. (Ord. 748, Article 1, adopted 1980) §6047: SOUND LEVEL MEASUREMENT CRITERIA: Any sound level measurement made pursuant to the provisions of this Chapter shall be measured with a sound level meter using the "A" weighting. (Ord. 748, Article 1, adopted 1980) §6048: AMBIENT BASE NOISE LEVEL: Where the ambient noise level is less than designated in this Section the respective noise level in this Section shall govern. Sound Level A, decibels Zone Time R1 & R2 10 pm to 7 am 40 R1 & R2 7 pm to 10 pm 45 R1 & R2 7 am to 7 pm 50 R3 10pm to 7 am 45 R3 7 am to 10 pm 50 Commercial 10 pm to 7 am 60 Commercial 7 am to 10 pm 65 Industrial (M) Anytime 70 (Ord. 748, Article 1, adopted 1980; amd. by Ord. 803, §1, adopted 1983) §6049: RADIOS, TELEVISION SETS AND SIMILAR DEVICES: 7016 §6049 §6054 A, B, Use Restricted: It shall be unlawful for any person within any residential zone of the City to use or operate any radio receiving set, musical instrument, phonograph, television set or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of neighboring residents or of any reasonable person of normal sensitiveness residing in the area. Prima Facie Violation: Any noise level originating from a radio, television or similar device exceeding the ambient base level at the property line of any property (or, if a condominium or apartment house, within any adjoining apartment) by more than five (5) decibels shall be deemed to be prima facie evidence of a violation of the provisions of this Section. (Ord. 748, Article 1, adopted 1980) §6050: HAWKERS AND PEDDLERS: It shall be unlawful for any person within the City ~to sell anything by outcry within any area of the City zoned for residential uses. The provisions of this Section shall not be construed to prohibit the selling by outcry of merchandise, food, and beverages at licensed sporting events, parades, fairs, circuses and other similar licensed public entertainment events. (Ord. 748, Article 1, adopted 1980) §6051: SCHOOLS, HOSPITALS AND CHURCHES: It shall be unlawful for any person to create any noise on any street, sidewalk, or public place adjacent to any school, institution of learning, or church while the same is in use or adjacent to any hospital, which noise unreasonably interferes with the workings of such institution or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in such streets, sidewalk or public place indicating the presence of a school, church or hospital. (Ord. 748, Article 1, adopted 1980) §6052: ANIMALS AND FOWL: No person shall keep or maintain, or permit the keeping of, upon any premises owned, occupied, or controlled by such person any animal or fowl otherwise permitted to be kept which, by any sound or cry, shall cause annoyance or discomfort to a reasonable person of normal sensitiveness in any residential neighborhood. (Ord. 748, Article 1, adopted 1980) {}6053: MACHINERY, EQUIPMENT, FANS AND AIR CONDITIONING: It shall be unlawful for any person to operate any machinery, equipment, pump, fan, 7017 §6053 §6057 air conditioning apparatus, or similar mechanical device in any manner so as to create any noise which would cause the noise level at the property line of any property to exceed the ambient base noise level by more than five (5) decibels between seven o'clock (7:00) P.M. and seven o'clock (7:00) A.M. (Ord. 748, Article 1, adopted 1980) §6054: CONSTRUCTION OF BUILDINGS AND PROJECTS: It shall be unlawful for any person within a residential zone, or within a radius of five hundred feet (500') therefrom, to operate equipment or perform any outside construction or repair work on buildings, structures or projects or to operate any pile driver, power shov~i, pneumatic hammer, derrick, power hoist or any other construction type device (between the hours of 7:00 P.M. of one day and 7:00 A.M. of the next day) in such a manner that a reasonable person of normal sensitiveness residing in the area is caused discomfort or annoyance unless beforehand a permit therefor has been duly obtained form the Director of Public works. No permit shall be required to perform emergency work as defined in §6046 of this Article. (Ord. 748, Article 1, adopted 1980) §6055: VEHICLE REPAIRS: It shall be unlawful for any person within any' residential area of the City to repair, rebuild, or test any motor vehicle between the hours of nine o'clock (9:00) P.M. of one day and eight o'clock (8:00) of the next day in such a manner that a reasonable person of normal sensitiveness residing in the area is caused discomfort or annoyance as a result of noise resulting from the activity. (Ord. 748, Article 1, adopted 1980) §6056: MOTOR DRIVEN VEHICLES: It shall be unlawful for any person to operate any motor driven vehicle within the City in such a manner that a reasonable person of normal sensitiveness residing in the area is caused discomfort or annoyance as a result of noise from the activity; provided, however, any such vehicle which is operated upon any public highway, street, or right of way shall be excluded from the provisions of this Section. (Ord. 748, Article 1, adopted 1980) §6057: REGULATIONS: The commercial and noncommercial use of sound amplifying equipment shall be subject to the following regulations: A. The only sounds permitted shall be either music or human speech, or both. 7018 §6057 §6058 B, C. D. E. The operation of sound amplifying'equipment for commercial purposes shall only occur between the hours of eight o'clock (8:00) A.M. and six o'clock (6:00) P.M. each day except on Sundays and legal holidays. The operation of sound amplifying equipment for noncommercial purposes shall only occur between the hours of eight o'clock (8:00) A.M. and ten o'clock (10:00) P.M. Sound level emanating from sound amplifying equipment shall not exceed fifteen (15) decibels above the ambient base noise level. Nor shall it be audible at any distance in excess of two hundred feet (200') from the amplifying equipment. Notwithstanding the provisions of subsection C of this Section, sound amplifying equipment shall not be operated within two hundred feet (200') of churches, schools, hospitals. In any event, the volume of sound shall be so controlled that it will not be unreasonably loud, raucous, jarring, disturbing or a nuisance to reasonable persons of normal sensitiveness within the area of audibility. (Ord. 748, Article 1, adopted 1980) §6058: GENERAL NOISE REGULATIONS- Notwithstanding any other provisions of this Chapter, and in addition thereto, it shall be unlawful for any person to willfully make or continue, or cause to be made or continued, any loud, unnecessary, or unusual noise which disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area. The standards which shall be considered in determining whether a violation of the provisions of this Section exists shall include, but not be limited to the following: A. The level of the noise; B. The intensity of the noise; C. Whether the nature of the noise is usual or unusual; D. Whether the origin of the noise is natural or unnatural; E. The level and intensity of the background noise, if any; F. The proximity of the noise to residential, sleeping facilities; 7019 §6058 §60~ ~ G. H. J, K, L. The nature and zoning of the area within which the noise emanates; The density of the inhabitation of the area within which the noise emanates; The time of the day or night the noise occurs; The duration of the noise; Whether the noise is recurrent, intermittent, or constant; and, Whether the noise is produced by a commercial or noncommercial activity. 748, Article 1, adopted 1980) §6059: EXEMPTIONS: The following activities shall be exempt from the of this ordinance, to wit: A. Garbage collection activities subject to City franchise; B. Operation of street sweepers by City personnel or the operation of sweepe;;;,~ under contract to the City. (Ord. 748, Article 1, adopted 1980) §6060: VIOLATIONS; MISDEMEANORS: Any person violating any of th~ provisions of this Article shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in an amount not exceeding five hundred dollars ($500.00) or be imprisoned in the City or County jail for a period not exceeding six;~'.~..,; months, or by both such fine and imprisonment. Each day such violation is committs,:~ or permitted to continue shall constitute a separate offense and shall be punishable as such. (Ord. 748, Article 1, adopted 1980) §6061: VIOLATIONS; ADDITIONAL REMEDIES; INJUNCTIONS: As an additio~.i remedy, the operation or maintenance of any device, instrument, vehicle, machinery in violation of any provision of this Article, which operation or mainten~r~cz emits noise which causes discomfort or annoyance to reasonable persons of sensitiveness or which endangers the comfort, repose, health or peace of residents the area, shall be deemed and is declared to be a public nuisance and may be subjsc.~ to abatement summarily by a restraining order or injunction issued by a cc~rt competent jurisdiction. (Ord. 748, Article 1, adopted 1980) 7O2O §6062 §6062 §6062: SEVERABILITY: If any provision, clause, sentence, or paragraph of this Article or the application thereof to any person or circumstances, shall be held invalid, such invalidity shall not affect the other provisions or applications of the provisions of this Chapter which can be given effect without the invalid provisions or application and, to this end, the provisions of this Article are hereby declared to be severable. (Ord. 748, Article 1, adopted 1980) 7021 The Noise Ordinance of the City shall be effective in City parks unless a permit has been obtained. The City Manager or the Director of Recreation and Parks shall have the authority to issue the permit described herein under reasonable decibel limitations. Any person failing to abide by the decibel limitations in the conditions of such permit may have the permit summarily revoked by a police officer or other duly authorized City representative. (Ord. 786, § 1, adopted 1982) 4. All animals shall be so maintained as to eliminate excessive and nighttime noise. It shall be unlawful for any person to operate any machinery, equipment, pump, fan, air conditioning apparatus, or similar mechanical device in any manner so as to create any noise which would cause the noise level at the property line of any property to exceed the ambient base noise level by more than five (5) decibels between seven o'clock (7:00) P.M. and seven o'clock (7:00) A.M. (Ord. 748, Article 1, adopted 1980) ,ATTACHMENT City of Ukiah ~1~ Mendocino County Ukiah Valley General Plan and Growth Management Program 2 'NO/SE 2.0'/ GENERAL DISCUSSION OF NOISE IV.2. Noise .~o Page I HE NOISE ELEMENT GUIDELINES require that major noise sources be identified and quantified by preparing generalized noise contours for current and projected conditions. Significant noise sources include traffic on major roadways and highways, railroad operations, airports, and representative industrial activities and fixed noise sources. There are many technical terms used in the Noise Element. All are included in the Glossary. The Noise Element is one of the seven mandatory elements required in a General Plan. This Element applies only to the City of Ukiah, and is not applicable in the unincorporated Planning Area. Outside the City limits, the Mendocino County Noise Element applies. Noise modeling techniques and noise measurements were used to develop generalized L~ noise contours for the major roadways, railroads, the City of Ukiah Municipal Airport and fixed noise sources for existing (1990) conditions. See Figure IV.2-F for the location of noise measuring sites. Noise modeling techniques use source-specific data including average levels of activity, hours of operation, seasonal fluctuations, and average levels of noise from source operations. Modeling methods have been developed for a number of environmental noise sources including roadways, railroad line operations, railroad yard operations, industrial plants and airports. Such methods produce reliable results as long as data inputs and assumptions are valid. The modeling methods used in this report closely follow recommendations made by the State Office of Noise Control, and were supplemented where appropriate by field measured noise level data to account for local conditions. The noise exposure contours are based upon annual average conditions. Because local topography, vegetation or intervening structures may significantly affect noise exposure at a particular location, the noise contours should not be considered site-specific. 'The Noise Element is applicable exclusively to the City of Ukiah and does not apply in the Planning Area. Adopted by the City Council: December 6, 1995 Ukiah Valley General Plan and Growth Management Program City of Ukiah ~l, Mendocino County, Californin IV.2. Noise ~, Page 2 i ~ ~oend°cin° :olle§e I t I I I I NOISE TYPE MEASURED ~ Short-term Community O 24-Hour Comrnur~ity O Traffic N( SCALE IN FEET 0 1000 3000 5000 ./ NOISE DATA SITES Figure IV.2-F: Noise measurement sites Adopted by the City Council: December 6, 1995 City of Ukiah llJl, Mendocino County Ukiah Valley General Plan and Growth Management Program IV.2. Noise ~- Page 3 60 dB Ldn (1990) 60 dB Ldn (2010) SCALE IN FEET O 1OOO 3000 5000 J TRAFFIC NOISE Figure IV. 2-G: Traffic noise contours ~ 1990 and 2010 Adopted by the City Council: December 6, 1995 Ukiah Valley General Plan and Growth Management Program City of Ukiah ~ Mendocino County, California IV.2. Noise ~, Page 4 1200 Distance (feet) 1000 8OO 6OO 4OO 2OO 0 10 I ! I 2O 3O 4O 5O Average Daily I I ! ! 60 70 8O 90 Traffic (xlO00) lO0 35 mph 50 mph Posted Speed 40 mph -'><-' 65 mp'h ,,- 45 mph Figure IV.2-H: Distance to 60 dB Ld. Contour (Arterial Traffic) Adopted by the City Council: December 6. 1995 City of Ukiah ~ Mendocino County Ukiah Valley General Plan and Growth Management Program IV.2. Noise ~, Page 5 A co .rnmunity noise survey was conducted to determine existing noise levels in noise-sensitive areas within the City of Ukiah General Plan Planning Area. The results of the survey were used to develop noise level performance standards in order to maintain an acceptable noise environment. In conjunction with the technical noise analysis and General Plan Guidelines requirements, the community direction associated with noise levels and noise impacts centered on the definition of a "Discomfort Threshold Contour" (DTC). This is defined as the 60 dB contour that is used to separate noise sensitive receptors from noise sources. 2.02 Transportation noise 2.02.01 Summary of major findings Transportation Noise can adversely impact adjacent residential and recreation areas. The Federal Highway Administration (FHWA) Highway Traffic Noise Prediction Model (FHWA-RD-77-I08) was used to develop Ld~ contours for U.S. 101 and North and South State streets in the City of Ukiah General Plan Planning Area. The FHWA Model is the analytical method presently favored for traffic noise prediction by most state and local agencies, including Caltrans. The current version of the model is based upon the California Vehicle Noise (CALVENO) noise emission factors for automobiles, medium trucks, and heavy trucks, with consideration given to vehicle volume, speed, roadway configuration, distance to the receiver and the acoustical characteristics of the site. The FHWA Model predicts hourly L~q values for free flowing traffic conditions, and is generally considered to be accurate within 1.5 dB. To predict L~ values, it is necessary to determine the hourly distribution of traffic for a typical 24-hour day and to adjust the traffic volume input data to yield an equivalent hourly traffic volume. Short-term (15-minute) traffic noise measurements and concurrent traffic counts were conducted for traffic on U.S. 101 (See Figure IV.2-G). The measurements were made to evaluate the noise exposure due to traffic on U.S. 101. The purpose of the traffic noise level measurements was to determine the accuracy of the FHWA model in describing the existing noise environment at the project site. Noise measurement results were compared to the FHWA model results by entering the observed traffic volumes, speed and distance as inputs to the FHWA model. Based upon the modeled versus measured traffic noise levels, the FHWA model was found to accurately predict U.S. 101 noise levels at the measurement site. Traffic data representing annual average traffic volumes for existing conditions were obtained from Caltrans and KD Anderson traffic consultants. Day/night traffic distribution and truck mix were based upon Caltrans and Brown-Buntin Associates (BBA) file data. Using these data and the FHWA methodolo- gy, traffic noise levels as defined by Lan were calculated for 1990 traffic volumes. Distances from the centerline of selected roadways to the Lan contours are summarized in Table IV.2-1 and shown on Figure IV.2-H. Contours were developed for U.S. 101 for the years 1990 and 2010. The year 2010 traffic noise contours are based upon traffic volumes contained in the Caltrans Highway 101 Route Concept Report. The traffic volumes contained in the Route Concept Report are based upon general historical trends in traffic growth along U.S. 101, and are not based upon buildout of the City of Ukiah General Plan Update. However, the 2010 traffic noise level data contained in Table IV.2-1 is useful in developing the Land Use Element of the General Plan. Adopted by the City Council: December 6, 1995 Ukiah Valley General Plan and Growth Management Program City of Ukiah ~1, Mendocino County, California IV.2. Noise .:. Page 6 Table/V. 2-6: Traffic Noise Contour Data distance (feet) from center of roadway to contours 1 River Road to East Perkins Street 451 2 East Perkins St. to North State Street 496 3 North State St. to Lake Mendocino Dr. 462 : ::::: ::::: :::: :: :::::: :: :::::::::::::: ::::::::::: :::: :::: :: :::::: :::: ::2:::: :::::::::::::::::::::::::::::::::::::::::::::::: ::i:~:~:M:!:: :~:::: ::i: :~::: :: ::i::::: ::::: :: ::::: :: Central Ave. to Parducci Road Parducci Road to Hensley Creek Road Hensley Creek Rd. to KUKI Lane KUKI Lane to Garrett Dr. Garrett Dr. to Clara Ave. Clara Ave. to Seminary Ave. 57 98 121 178 168 113 635 635 635 10 Seminary Ave. to Freitas Ave [ 102 N/A 11 Freitas Ave. to Washington Ave. i 113 N/A 12 Washington Ave. to Meadow Brook Dr. i 145 N/A 13 Meadow Brook Dr. to S.R. 253 ! 80 N/A These calculations do not include consideration of shielding caused by local buildings or topographical features, so the distances reported in Table IV.2-1 are worst-case estimates of noise exposure along roadways in the community. Traffic noise contours were not calculated for all roadways within the City of Ukiah plan area. However, Figure IV.2-H, prepared using the FHWA Model, may be used to estimate the distance to the 60 dB L~ contour for projected volumes of arterial traffic. For arterial traffic, the predicted distance to the 60 dB L,~ contour is determined by the Average Daily Traffic Volume (ADT) and the-posted speed limit. L,~ contours derived from Figure IV.2-H are only indicators of potential noise conflicts. A more detailed analysis is required to determine traffic noise levels at any given location. Railroad activity in the City of Ukiah includes freight activity on the Southern Pacific Transportation Company (SPTCo) line which travels north/south through the City of Ukiah. SPTCo officials at San Francisco Operations Office report that one scheduled local freight train operates through Ukiah 6 days per week. The scheduled operation generally occurs during the nighttime hours. According to SPTCo officials, the average speed of the local freight train is 19-20 mph. The operational information was used as inputs to the "Simplified Procedure for Assessment of Noise Emitted by On-Line Railroad Operations", prepared by Wyle Laboratories in 1974. This methodology for Adopted by the City Council: December 6, 1995 City of Ukiah ~1~ Mendocino County Ukiah Valley General Plan and Growth Management Program IV.2. Noise ~, Page 7 predicting .railroad noise exposure is recommended by the State Office of Noise Control, and is considered to be reasonably accurate for generalized noise contour development. To ensure accuracy of the Wyle method for determining railroad operations noise levels, BBA used file data for slow moving trains and the above-described number and distribution of daily train operations to calculate noise levels associated with the local freight train operation. The La, contribution from a single nighttime train operation may be calculated with the following formula: La,~ = SEL + 10 log Neq- 49.4 dB, where: SEI. + 10 log Neq- 49.4 dB is the mean SEL of the number of events, Neq is the sum of the number of daytime events (7 a.m. to 10 p.m.) per day plus ten times the number of nighttime events (10 p.m. to 7 a.m.) per day, and 49.4 is 10 times the logarithm of the number of seconds per day. Based upon the above-described noise level data and methods of calculation, the L,~ for the freight train operations can be determined. Operational information and estimated L,~ values are shown in Table IV.2-2. Table IV.2-7: Railroad line operational information and estimated noise levels The data contained in Table IV.2-2 indicate that the Wyle Laboratories method for predicting railroad line operations noise levels yields values approximately 9 dB higher than the computed L,~ values. The computed La, values were based upon single event noise level data collected by BBA for slow moving trains, which included the use of warning horns. The difference between the L,~ value estimated with the Wyle method and the calculated La, value is assumed to be due to the fact that actual train speeds in the City of Ukiah are slower than those which are assumed in the Wyle method. As a conservative estimate, the Wyle Laboratories method was used for predicting the distance to the 60 dB Ldn railroad line noise contours. Figure IV.2-I shows the location of the railroad line operations noise contours. Future use of the SPTCo line through the City of Ukiah is not certain. Presently' there is discussion regarding promoting commuter and recreational passenger service along the line. The Mendocino Council of Governments (COG) is currently drafting policies which promote increased use of the rail corridor. The North Coast Railroad Authority is in the process of acquiring the rail right-of-way through Ukiah, and will be involved in developing an operations plan for future use of the rail corridor. Based on the state's Cal Rail usage projections, near term future use of the rail corridor is expected to increase. However, the increase is expected to be related to freight activity, and is anticipated to result in an increased number of rail cars, but not an increase in the number of trains. Adopted by the City Council: December 6, 1995 Ukiah Valley General Plan and Growth Management Program City of Ukiah ~ Mendocino County, Californi,'~ IV.2. Noise ~, Page 8 // SCALE IN FEET I- t.J~L_ j--=t____j 0 1000 3000 5000 RAILROAD NOISE Figure IV. 2-h Existing railroad noise contours Adopted by the City Council: December 6, 1995 City of Ukiah ~1, Mendocino County Ukiah Valley General Plan and Growth Management Program IV.2. Noise -.'- Page 9 Table IV. 2-8: Maximum Allowable Noise Exposure Transportation Noise Sources ,Transient Lodging ~ 603 ~5 ? ! Hospitals, Nursing Homes ~ 603 45 -- Theaters, Auditoriums, Music / 35 Halls ~ -- -- Churches, Meeting Halls { 603 -- 40 ::i, Office Buildings ~ -- -- 45 Schools, Libraries ~ -- -- 45 Playgrounds, Neighborhood Parks / 70 -- -- Discussions with the Mendocino COG, North Coast Railroad Authority and Cal Rail indicate that predicting future use of the rail corridor for passenger trains is premature. A feasibility study for rail traffic along the rail corridor is in the process of being conducted, and estimates of future railroad activity should be based upon the projections which will be contained within that report. 2.02.02 General Plan goals, policies, and implementing programs Goal NZ-I: Stabilize or reduce transportation noise impacts on adjacent residential. Policy NZ-1. I: Inventory noise contours for major traffic corridors, the railroad, and the airport. Implementation Measure NZ-I.I(a): The City shall schedule an update to the mobile noise source analysis when the Element is updated. [Timeframe for completion: Intermediate-term planning pedod 4, Measure applies to: City 4, Agency/Departmentre- sponsible: Planning Department] Polio, NZ-I.2: Residential zoned land shall be located as much as possible outside of the Discomfort Threshold Corridor (DTC) of existing transportation corridors. Implementation Measure NZ-I.2(a): When reviewing proposals for new residential or recreational development, ensure that design measures are incorporated to separate the new uses from the existing or projected DTC. [Timeframe for completion: Intermediate-term planning pedod ,, Measure applies to: City 4, Agency/Department re- sponsible: Planning Department] Adopted by the City Council: December 6, 1995 Ukiah Valley General Plan and Growth Management Program City of Ukiah ~ Mendocino County, California IV.2. Noise 4, Page 10 Implementation Measure NZ-1.2(b): New development of noise-sensitive uses shall not be permitted in areas exposed to existing or projected noise which exceed the levels specified in Table IV.2-4 unless the project design includes effective mitigation measures to reduce noise in outdoor activity areas and interior spaces to the level specific in Table IV.2--4. [Timeframe for completion: Intermediate-term planning period 4' Measure appfies to: City 4' Agency/Department responsible: Planning Department] Implementation Measure NZ-1.2(c): F~xpansion of existing roads must be designed using ac- cepted acoustical engineering features -- examples include low landscaped berms, landscaping, below-grade construction, and speed control -- to minimize expansion of the existing DTC. [Timeframe for completion: Ongoing planning period 4, Measure ap- plies to: City 4' Agency/Departmentresponsible: Public Works Department] Policy NZ-I.$: Use appropriate construction techniques to reduce interior noise exposure for residences built within a DTC. Implementation Measure NZ-1. 3 (a) : In the revised Land Develop- meat Code reference the standards of the Uniform Building Code to require construction methods to reduce indoor noise levels to acceptable Building Code standards. [Timeframe for completion: Intermediate-term planning period 4' Measure ap- plies to: City 4' Agency/De- partment responsible: Planning Department] Maximum Level, I .,,., ,.~- !11 dB I tu ! po Policy NZ-1.4: Encourage programs to reduce impacts from aircraft. Implementation Measure NZ-1.4(a): During the short term planning period, the City airport shall initiate a notification program to notify pilots of the one thousand (1,000) foot ceiling for fixed-wing aircraft over congested areas. [Timeframe for completion: Ongoing planning period 4, Measure applies to: City 4, Agency/Department responsible: Department of Aviation] Implementation Measure NZ-1.4(b): During the short-term planning period, the airport shall initiate a public education program designed to reach appropriate pilots to request that recreational overflights -- such as ultralight craft and balloon -- avoid hovering, circling, or making repeated passes over the same geographic area as a means of reducing noise nuisance to those on the ground. [Timeframe for completion: Short-term planning pedod 4, Measure applies to: City 4, Agency/Department responsible: Department of Aviation] Implementation Measure NZ-1.4(c): At such time that scheduled passenger aircraft begin to use the airport, require that commercial passenger service aircraft comply with the best available noise equipment standards to reduce noise impacts on the ground. [Timeframe for completion: Short-term planning period 4, Measure applies to: City 4, Agency/Department responsible: Department of Aviation] Adopted by the City Council: Dec~rnber 6, 1995 City of Ukiah ~ Mendocino County Ukiah Valley General Plan and Growth Management Program IV.2. Noise ,¢o Page 11 Polio, NZ-1.5: Disclose potential airport noise impacts on property transactions in the airport area. Implementation Measure NZ-I.5(a): During the short-term planning period, the City shall enact an ordinance requiring that the following statement be included in all property transactions or as a part of the issuance of use permits for property or projects within the airports's area of influence, both core and peripheral. "This project/residence is in close proximity to the Ukiah Municipal Airport which is a major noise generating source. Development in this area will be subject to overflights of aircraft taking off from and landing at the airport. These aircraft include privately owned corporate jets and fire fighting air tankers from the California Department of Forestry. It is anticipated that the volume of traffic and resulting noise may increase in future years." [Timeframe for completion: Short-term planning period ~, Measure applies to: City ~, Agen- cy/Department responsible: Department of Aviation] Policy NZ-I. 6: Incorporate sound reducing measures in new construction around the airport. Implementation Measure NZ-I. 6(a): The City shall enact appropriate code changes to require that interior noise levels conform to requirements of the Uniform Building Code. [Timeframe for completion: Short-term planning period ~, Measure applies to: City ~. Agency/Department responsible: Planning Department] 2.03 Stationary source noise 2.03.01 Summary of major findings Industrial noise can adversely impact other land uses. Existing residences within the noise contours identified in Table IV.2-3 (also known as the Discomfort ThreshoM Contour or DTC) generated as a result of industry-related noise, may result in becoming the source of complaints about excessive noise if the property changes hands without the new owners understanding that their new residence may be subjected to high noise levels. Many industrial processes result in noise even when the best available noise control technology is applied. Noise exposures within industrial facilities are controlled by Federal and State employee health and safety regulations (Federal Occupational Safety and Health Administration [OSHA] and Cai-OSHA). Exterior noise levels are controlled by local standards. Commercial, recreational and public service facility activities can also produce noise which affects adjacent sensitive land uses. From a land use planning perspective, fixed-source~ noise control issues focus upon two goals: to prevent the introduction of new noise-producing uses in noise sensitive areas, and to prevent encroachment of noise sensitive uses upon existing or potential noise-producing facilities. The first goal can be achieved by applying noise performance standards to proposed new noise-producing uses. The second goal can be met by requiring that new noise-sensitive uses in proximity to noise producing facilities include mitigation measures to ensure compliance with noise performance standards. ~"Fixed-source" noise generator is the term assigned to a specific land use that generates noise from a specific location, such as an industrial facility. Adopted by the City Council: December 6, 1995 Ukiah Valley General Plan and Growth Management Program City of Ukiah ~ Mendocino County, California IV.2. Noise 4, Page 12 2.03.01(A) Major fixed noise sources The following descriptions of existing f'~ed noise sources in the General Plan study area are intended to be representative of the relative noise impacts of such uses, and to identify specific noise sources which should be considered in the review of development proposals. All of these fixed noise sources are outside of the City. The Masonite Plant operates 24 hours per day, 7 days per week. Major noise sources associated with the hardboard plant include industrial processing, stack scrubbers, blowers, conveyor systems, heavy trucks to and from the site, and front end loaders operating on the site. Operational noise level data was collected for the Masonite Plant on October 3, 1991. An average noise level of 63 dB and a maximum noise level of 68 dB were measured at a distance of 600 feet from the main plant, and approximately 100 feet from the property boundary. The estimated location of the 50 dB L~q noise contour is shown on Figure IV.2- -J. The Louisiana Pacific Sawmill and Planing Plant operates 24 hours per day, 7 days per week. Major noise sources associated with the plant include truck traffic to and from the site, blowers, large saws and wood planers. Noise level data collected near the plant site indicated an average noise level of 60 dB at a distance of 300 feet from the center of the lumber yard, and 50 feet from the entrance to the plant. The estimated location of the 50 dB Leq noise contour is shown on Figure IV.2-J. The Parnum Paving Company is located along North State Street, north of Pomo Lane. The Parnum Paving Company is an asphalt batch plant which operates during the daytime hours. Major noise sources associated with the Parnum Paving Company include heavy trucks to and from the site, front end loaders which move material on the site, and the operation of the batch plant. Noise level data collected at the plant indicated an average noise level of 54 dB at a distance of 250 feet from the asphalt plant. The estimated location of the 50 dB Leq contour is approximately 400 feet from the batch plant, and is located outside of the Plan Area map boundary. Adopted by the City Council: December 6, 1995 City of Ukiah 41il, Mendocino County Ukiah Valley General Plan and Growth Management Program IV.2. Noise ~, Page 13 Masonit Hardwo~ Mill ! 50 dB Leq Fo rtl Gravel SCALE IN FEET O 1OOO 3000 5000 ./ FIXED POINT NOISE Figure IV. 2-J: Fixed noise source contours Adopted by the City Council: December 6, 1995 Ukiah Valley General Plan and Growth Management Program City of Ukiah ~1, Mendocino County, California IV.2. Noise q- Page 14 The Ford Gravel Company is a concrete batch plant which operates during the daytime hours. Typical noise producing operations associated with the Ford Gravel Company include the arrival and departure of heavy trucks, onsite front end loaders which move batch plant materials, loading of concrete trucks with ready-mix at the batch plant, and vibrating shakers on the batch plant. Noise level data collected at the plant indicated an average noise level of 62.5 dB at a distance of 100 feet from the property line. The estimated location of the 50 dB L~q contour is shown on Figure IV.2-J. Mendocino County Fairgrounds. The Fairgrounds were not being used during the preparation of the Noise Element. The facilities allow a variety of activities that may generate noise. These range from outdoor concerts to vehicle races at the track, as well as anything drawing a large crowd. 2.03.01(B) City of Ukiah Municipal Airport The City of Ukiah Municipal Airport is located at the south end of the City of Ukiah, and is bordered by South State Street to the west, U.S. 101 to the east and Hastings Avenue to the north. The City of Ukiah Municipal Airport is a public use airport which is operated by the City of Ukiah. According to the 1990 California Aviation System Plan (CASP), the airport has one runway with a heading of 15/33, and a runway length of 4,415 feet. The CASP reports that the airport has 103 based aircraft with a total of 50,000 annual operations. According to the CASP, the existing based aircraft include 92 single engine piston, 9 multi-engine piston and 2 rotorcraft. Discussions with the airport manager on October 2, 1991 indicate that the number of based aircraft reported in the CASP is consistent with 1991 estimates. Approximately 65 % of the aircraft depart on runway 15 to the south. However, depending on wind direction, this percent may change on any given day. The majority of residences in the City of Ukiah are located to the north and west of the airport. Approximately 90 % of the aircraft which depart to the north on runway 33 make a 15 degree right turn beginning at approximately Gobbi Street, and then proceed south. This procedure avoids flying over the majority of the residential developments. Some aircraft which depart on runway 33 will continue a straight-out departure, and will fly directly over residential developments. The most recent airport master plan was adopted on March 17, 1971, and the last airport layout plan was adopted in December 1974. The City updated its Airport Master Plan in 1995, and it is scheduled to be adopted by the City Council and the Mendocino County Airport Land Use Commission before the end of 1995. There are no Community Noise Equivalent Level (CNEL)2 contours which have been developed for the City of Ukiah Municipal Airport. Based upon discussions with the airport manager regarding flight tracks, aircraft operational procedures and runway usage, CNEL contours were developed for the Ukiah Airport for a peak day, which includes CDF firefighting tankers, and for an annual average day. See Figures IV.2-K and IV.2-L for predicted locations of the City of Ukiah Airport CNEL contours. Crop dusting aircraft City of Ukiah staff have expressed concern about the noise associated with crop dusting activities. Aerial application aircraft are frequently used to spray crops or to spread seed or fertilizers. There are many types of fixed or rotary wing aircraft used for aerial application, including aircraft with radial and 2CNEL: Community Noise Equivalent Level means the average equivalent sound level during a 24-hour day, obtained after addition of approximately five decibels to sound levels in the evening from 7:00 p.m. to 10:00 p.m. and ten decibels to sound levels in the night before 7:00 a.m. and after 10:00 p.m. Adopted by the City Council: December 6, 1995 City of Ukiah ~1~ Mendocino County Ukiah Valley General Plan and Growth Management Program IV.2. Noise ~, Page 15 turbine engines, and 2- or 3-blade propellers. Most of the noise impacts generated by aerial application aircraft occur as the result of propeller noise and the low altitude at which the aircraft are typically flown. One of the most widely used aerial application aircraft in the Ukiah area is the Cessna Ag Wagon. To characterize noise impacts associated with aerial application aircraft, BBA utilized file data collected for the Cessna Ag Wagon aircraft at the Bettencourt Flying Service air strip near the Town of Delhi, in Merced County, California. Consultation with aerial application aircraft operators, field observations, and noise measurements indicated that it was not practical, nor representative of perceived noise impacts, to prepare CNEL contours for frequent operations by aerial application aircraft. This is because aerial application operations generally follow the shortest possible route to the application site at a minimal altitude, meaning that there are no typical flight tracks. Typical "ferry" altitudes range from 50 to 150 feet based upon information previously collected from crop dusting companies. Noise level data collected at the Bettencourt Flying Service air strip in Merced County for Ag Wagon operations indicate that noise levels produced by aircraft flying directly overhead with an estimated altitude of 150 feet were about 105 dB Lmax3 and 106 dB SEL. Crop dusting activities generally occur during the early morning hours, when people may be sleeping. Single event noise levels from aircraft arrivals, departures and overflights may cause sleep disturbance at nearby residences. The noise level at which a sleep stage change or interruption occurs is highly individualized. A persons' level of sleep is dependent on many factors including fatigue, exhaustion, stress, room temperature, bed comfort and noise level in the room. For these reasons, a single number criterion for the evaluation of sleep interference has not been established. According to the Noise Effects Handbook published by the National Association of Noise Control Officials, behavioral awakening will most likely occur with noise levels of 70 dB or above. However, duration of the noise exposure, background noise levels and type of sound generated by the source are all important factors. California Department of Forestry (CDF) Air Tanker Operations The City of Ukiah staff indicated that the majority of noise complaints associated with airport operations are related to the CDF air tanker operations. The airport staff estimated that on a peak day up to 45 air tanker operations may occur. The majority of the CDF air tanker fleet is comprised of Grumman S-2 aircraft. The CDF also uses Cessna 337/0-2 aircraft for reconnaissance and patrol. The CDF aircraft typically depart from the airport and make a 15 degree turn to the east, and try to avoid flying over residential areas. These aircraft are typically at a Iow altitude during takeoff because they are fully loaded, and therefore may be considered noisy. The existing Gmmman S-2 aircraft which are used by CDF have a reciprocating propeller engine. However, the CDF is currently retrofitting the S-2 aircraft with a turboprop engine which is expected to be considerably quieter. The Peak Day CNEL contours for the Ukiah Municipal Airport (Figure IV.2-L) are dominated by S-2 flights. By a wide margin, the noisiest airplanes which routinely use this airport are the Department of Forestry air tankers. We may draw an analogy to ambulances or fire trucks which also generate noise, but which citizens willingly tolerate because of the benefit received. Noise levels for the Gmmman S-2 air tankers have not been measured. Suffice it to say, being radial piston engines of Korean War vintage, they roar with all the authority of their two 1525 horse power engines. They are loud and can easily disrupt 3L,~: Maximum loudness means the maximum sound level recorded during a noise event. Adopted by the City Council: December 6, 1995 Ukiah Valley General Plan and Growth Management Program City of Ukiah ~ Mendocino County, California IV.2. Noise ~, Page 16 ordinary conversation at over a mile. Fortunately, their flights are generally restricted to daylight hours from late June until mid October and then usually only when a fire is being fought. Corporate aircraft Corporate jets are also noisy and use the airport throughout the year. It should be noted that newer planes, especially jets, are both more efficient and less noisy than older models, with reductions in noise levels of about 15-20 decibels, a significant decrease (FAA, 1990). As CDF replaces its fire fighting aircraft, citizens can expect the newer equipment to be quieter. The same holds true for the corporate jets. On balance, the annoyance for noise is outweighed by the usefulness of the aircraft involved and their importance to the community. General aviation noise levels General aviation aircraft ordinarily do not pose a noise problem outside the perimeter of the airport boundary. Their noise levels are comparable to large trucks, and are less noisy than some leaf blowers. Noise levels typically are 90-100 decibels or below at 100 feet from the plane. However, a low overflight or a missed approach may result in episodic higher noise levels to those directly below the aircraft. 2.03.01(C) Methods of mitigation California standards have been developed for maximum aircraft noise levels. The California Administrative Code Title 21 states, "The standard for the acceptable level of aircraft noise for persons living in the vicinity of airports is hereby established to be a community noise equivalent level of 65 decibels" (Hodges and Schutt, 1991, Page 5-4). Moreover, the regulations stipulate that certain kinds of land uses are incompatible near airports. These include residences of all types, public and private schools, hospitals and convalescent homes, and places of public worship. These standards are identical to the ones set forth by the FAA. Hodges and Schutt (1991) state, "An important policy implication of overflight annoyance is that of disclosure to owners and prospective buyers of property near an airport of the nature and extent of the airport's activities and the plans for its future. Policies requiring some form of buyer notification for residential uses in an airport's vicinity are recommended. The intent of a buyer awareness or disclosure policy is to enable those who are particularly sensitive to overflights to avoid moving into the affected areas" (Page 5-7). Adopted by the City Council: December 6, 1995 City of Ukiah ~ Mendocino County Ukiah Valley General Plan and Growth Management Program IV.2. Noise ~, Page 17 \ ! E . Gei~eraLl;l~ul tnt Growth Managemen't . EXISTING AIRPI UKIA ./ Figure IV.2-K: Existing average annual day CNEL airport noise contours Adopted by the City Council: December 6, 1995 Ukiah Valley General Plan and Growth Management Program City of Ukiah ~ Mendocino County, California iV.2. Noise ,~ Page 18 60 dB EL [) Peak Fi Day 65 dB CNEL ..... '~eak Fire Day ! J FIRE AIRCRAFT Figure IV. 2-L: Existing peak day (fire fighting activities) CNEL airport contours Adopted by the City Council: December 6, 1995 City of Ukiah ~1, Mendocino County Ukiah Valley General Plan and Growth Management Progra~l IV.2. Noise ,,*- Page 19 Compatibility for these uses near an airport can be achieved if the structure can be insulated such that indoor sound levels are no more than 45 decibels. This of course must be specially designed into any project with the help of architects, civil engineers and subsequently overseen by the authorities. The State also has standards for noise mitigation through sound insulation. For residences other than single family detached houses, the interior noise level must not exceed 45 decibels. Any residential structure within a noise level contour of 60 decibels is required to possess additional sound insulation in order to meet the noise standards. Mitigating for noise impact at this airport is difficult given the sporadic flight schedule of the air tankers. When the air tankers are active, the single noise events are widespread and very loud. When the tankers do not fly, only those areas directly under the takeoff paths are likely to exceed noise standards, and then only when jets and certain twin engine planes are within ~/6 mile of the airport. Land use compatibility ordinances can be adopted on the basis of single noise events (Hedges and Schutt, 1991) but at the same time some compromise is reasonable in order to balance the noise of the air tankers against the public good achieved, and to take into account ordinary economic growth and development. This issue is a difficult one to resolve, but notification can ease this potential conflict. Thus, as well as noise measurement and mitigation, there is a clear need for notification and disclosure to buyers of property anywhere near the airport. Such a disclosure should notify potential buyers of the airport's activity, its major noise generating sources, and indicate some idea of future noise. This notification will go a long way in avoiding later conflicts. This area must include both the prescribed region where aircraft activity is common, but also those areas below and around which corporate jets and air tankers operate. 2.03.02 Goal NZ-2: General Plan goals, policies, and implementing programs Reduce industrial noise impact through the enforcement of appropriate build- lng and land use codes. Policy NZ-2.1: Maintain an inventory of noise contours for existing and future stationary sources. Implementation Measure NZ-2.1 (a): When the City schedules a General Plan update, include the Noise Element in the program. [Timehame for completion: Intermediate-term plann- ing period ~, Measure applies to: City ~' Agency/Department responsible: Planning Department] Policy NZ-2.2: Ensure adequate analysis of noise impacts when reviewing project permits. Implementation Measure NZ-2.2(a): As a part of an application for any new construction for industrial facilities, the City shall require an estimate of noise levels from stationary sources as measured at the property line. [Timeframe for completion: Ongoing planning period ~, Measure applies to: City ~, Agency/Department responsible: Planning Department] Policy NZ-2.3: Land use designations shall follow State of California noise and land use com- patibility guidelines. Implementation Measure NZ-2.3(a): New development of noise-sensitive uses shall not be allowed where the noise level from non-transportation noise sources exceeds the Adopted by the City Council: December 6. 1995 Ukiah Valley General Plan and Growth Management Program City of Ukiah ~ Mendocino County, California IV.2. Noise ~* Page 20 noise level standards of Table IV.2-3 as measured immediately within the property line of the new development, unless effective noise mitigation measures have been incorporated into the development design to achieve the standards specified in the table. [Timeframe for completion: Ongoing planning period ~, Measure applies to: City Agency/Department responsible: Planning Department] Implementation Measure NZ-2.3(b): Noise created by new proposed non-transportation noise sources shall be mitigated to a level at or below the standards of Table IV.2-3, as measured immediately within the property line. This measure does not apply to noise sources associated with agricultural operations on lands zoned for agricultural use. [Timeframe for completion: Ongoing planning period ~, Measure applies to: City ¢,o Agency/Department responsible: Planning Department] Policy NZ-2.4: Protect existing residential areas from future noise impacts. Implementation Measure NZ-2.4(a): When a new industry or an expansion of an existing industry will enlarge the DTC and impact adjacent or nearby non-industrial areas, noise-abating construction techniques or methods, such as berms, below-grade location, sound walls, dense vegetation screens, or similar technically acceptable methods shall be utilized to reduce the noise to levels within the existing DTC. [Timeframe for completion: Ongoing planning period ,t, Measure applies to: City ¢¢ Agen- cy/Department responsible: Planning Department] 2.04 Community noise levels 2.04.01 Summary of major findings E xcessive amplified sound for personal entertainment or self-expression can adversely impact another citizen's desire for peace and quiet. Short-term noise monitoring was conducted for the preparation of the Noise Element. Each site was monitored three different times during the day and night so that valid estimates of L,~ could be prepared. Two long-term noise monitoring sites were established within the City of Ukiah to record day-night statistical trends. The data collected included the Lq and other statistical descriptors. Measured noise levels and estimated L,~ values for each site are summarized in Table IV.2-5. Monitoring sites are shown in Figure IV.2-G. Community noise monitoring systems were calibrated with acoustical calibrators in the field prior to use. The systems comply with all pertinent requirements of the American National Standards Institute (ANSI) for Type I sound level meters. The community noise survey results indicate that typical noise levels in noise sensitive areas (such as residential neighborhoods) of the City of Ukiah General Plan study area are in the range of 48 dB to 53 dB L,~. Noise from traffic on local roadways, distant industrial activities, Ukiah Municipal Airport operations and neighborhood activities are the controlling factor for background noise levels in the majority of the study area. In general, the areas of the City of Ukiah General Plan study area which contain noise sensitive uses are relatively quiet. The Lso values shown in Table IV.2-5 represent background noise levels, where there are typically no identifiable local noise sources. The L~o values represent median noise levels. The L~ values in Table IV.2-5 represent the average noise energy during the sample periods, and show the effects of brief noisy Adopted by the City Council: December 6, 1995 City of Ukiah ~ Mendocino County Ukiah Valley General Plan and Growth Management Program IV.2. Noise ~. Page 21 periods. The Leq values were the basis of the estimated I_~ values. I.~x values show the maximum noise levels observed during the samples, and were typically due to passing cars, aircraft overflights, or children playing. The 24-hour noise monitoring data in Figure IV.2-G show that ambient noise levels reach a minimum during the hours of 1-5 a.m., increasing during the daytime hours as a function of increased traffic and other human activities. Noise enforcement may be put into place through several different methods. First, enforcement usually rests with the Health Department. Although the Police Department may enforce "noisy vehicles" and "loud activities," the Health Department usually enforces ongoing or peak noises from business and industry. The City, which does not have a health department, could assign noise enforcement to a code enforcement officer. With proper training and equipment, the officer would respond to calls about ongoing noisy situations, make appropriate measurements and use the normal code enforcement process to abate the noise. 2.04.02 Goal NZ-3: Policy NZ-3.1: General Plan goals, policies, and implementing programs Respect individuals' rights to avoid exposure to excessive or unwanted noise. Enforce existing noise regulations. Implementation Measure NZ-3.1 (a): Provide for effective enforcement of a Noise ordinance. [Timeframe for completion: Ongoing planning period ~. Measure applies to: City 4. Agen- cy/Department responsible: Planning Department and Police Department] Implementation Measure NZ-3. I (b): Enforcement shall be supported through appropriate training and budget allowance. [Timeframe for completion: Ongoing planning period C- Measure applies to: City ~, Agency/Department responsible: City Council] Adopted by the City Council: December 6. 1995 ATTA[~HMENT.~_~ Noisy New York Car Alarms May Become Illegal To Sell Or Buy PUBLICATION: Newsday, Queens Edition DATE: April 28, 1997 SECTION: NEWS; Page A23 BYLINE: By William Murphy. STAFF WRITER DATELINE: New York, N'Y Newsday reports that City Councilmen Anthony Weiner (Brooklyn) and A. Gifford Miller (Manhattan) have proposed a bill that would declare the sale or installation of noisy car alarms in the city to be illegal. Under the new legislation, cars that are built with alarms in the factory would still be permitted however. Miller states he wishes he could ban all audible alarms, but that would prove an unconstitutional action against interstate commerce. If the law is passed, first violations by installers or sellers will cost them $500 to $1,000, second violations will cost $1,000 to $2,500, and subsequent, violations up to $5,000. Newsday reports there have been previous attempts at controlling the noise of car alarms. Councilmen Sheldon Leffler (Hollis) and Sal Albanese (Brooklyn) had proposed a bill that banned the alarms but the proposal dissipated due to lack of support. According to Leffler, the Police Department felt the administrative work in pursuing the car owners would be overly complicated and unfruitful. When the Legislature researched the car alarms in 1992, they discovered an estimated 95% of the triggers were electrical glitches or passing trucks. The article reports the city currently fines car owners whose alarms do not turn off after l0 minutes, and the state fines after 3 minutes. Car owners who have an audible alarm in their car are supposed to register with their local precinct and leave the precinct telephone number on their dashboard so they can be notified if an alarm is sounding without stopping. According to Miller, these laws are widely ignored, and the police do not place priority on enforcing the laws. In the 30 month period ending in June of 1996, Weiner and Miller discovered 622 summonses issued for car alarm violations. The new law would not affect car owners who already have alarms in their cars or who need to have their alarm repaired during the alarm's warranty period. However the alarms would not be permitted repair in the city after the warranty expires. Miller states that no evidence has been presented to him that car alarms actually prevent car theft. He believes professional car thieves can steal a car in a matter of seconds, with or without an alarm. The Automobile Club of New York takes no formal position on Miller's and Weiner's proposal. Editorial Praises Chicago's Ordinance Outlawing Loud, Annoying Car Stereos PUBLICATION: Chicago Tribune DATE: October 4, 1998 SECTION: Editorial; Pg. 26; Zone: C DATELINE: Chicago, Illinois The Chicago Tribune published the following editorial praising Chicago's ordinance that outlaws loud, annoying music from car stereos. First there was the sound, then there was the fury. That's why two years ago the Chicago City Council passed an ordinance outlawing loud, annoying music booming from car stereos and rattling teeth for blocks around. Breaking the law would mean watching your car get towed off to the pound and paying a steep fine. And it has worked. In fact, the law has worked so well that Aid. Percy Giles (37th) wants to change it. He says some constituents have complained that their cars were impounded the first time they got pulled over for blaring stereos. And he complains that at least one business that sells and installs the equipment in his ward has closed down because the law has scared off customers. But see that's the good news. The fewer outlets selling nuisances, the fewer nuisances there will be. The intent of the law was to provide relief to people who shouldn't have to put up with mind- numbing noise day and night because it suits the musical taste of some hearing-impaired cretin with a driver's license. And that. is what. it's doing. Under the law, which authorizes police to impound a car if the stereo is clearly audible more than 75 feet away, about 5,770 vehicles have been towed. That's a lot of noise. The fact that sales of "supersonic" stereos are down is a clear indication that impounding is having the desired effect. Nevertheless, it probably wouldn't hurt to allow a warning ticket on the first offense, with impoundment and an even heftier fine on the second. But anything less stringent--like Aid. Giles' idea to prohibit impounding vehicles before 9 p.m. (later on weekends)--is nonsense. People have a fight to freedom from obnoxious noise not just when they are in their beds but when they are in their homes, their yards and their neighborhoods. Chicago Suburb Police Attack Loud Car Stereos By Impounding Cars and Levying High Fines PUBLICATION: Chicago Sun-Times DATE: August 4, 1999 SECTION: Nws; Pg. 14 BYLINE: Dan Rozek DATELINE: Chicago, Illinois ACTIVISTS, INDIVIDUALS, AND GROUPS MENTIONED: Betty Skyles, a member of Elgin's Save Our Streets The Chicago Sun-Times reports that several suburbs around Chicago have been fighting an epidemic of loud car stereos by impounding cars and issuing fines of up to $500. Some police departments are allowed to use their own judgment to determine violators, while some communities have set distances -- such as 75 feet -- at which noise can not be audible. Courts generally allow police to impound cars when the driver breaks a specific law, although the American Civil Liberties Union says it's a "quick fix." The article reports that several suburbs around Chicago have been fighting an epidemic of loud car stereos by impounding cars and issuing fines of up to $500. The article notes that in Elan, 350 tickets have been written already this year. 6,800 vehicles have been towed in Chicago for loud music in the last two years. Fines in the various communities range up to $500, and they may be in addition to a vehicle- retrieval fee of $500. Some police depamnents are allowed to use their own judgment to determine violators, while some communities have set distances -- such as 75 feet -- at which noise can not be audible. The article goes on to say that one young driver was asked by police how he stands the volume of his stereo, he said "I wear earplugs." The article says that courts generally allow police to impound cars when the driver breaks a specific law, although the American Civil Liberties Union says it's a "quick fix." If drivers want to crank up the sound, that's fine--that's what headphones are fo PUBLICATION: Palm Beach Post DATE: April 6, 2000 SECq'ION: A Section, Pg. lA BYLINE: Teresa Lane DATELINE: Port St. Lucie, Florida The Palm Beach Post reports that police in Port St. Lucie, Florida recently engaged in "Operation Silent Night," an undercover plan to ticket drivers who play their car radios and stereos too loud. They gave out traffic tickets to eighteen driven at $50 per ticket. They also issued one misdemeanor noise violation with a fine of $100 and a notice for the driver to appear in court. According to the article, the police were enforcing a state law that says that car radios must not be loud enough to be audible 100 feet away from the vehicle. There is also a city law that. says that car stereos must. not be loud enough to be audible 50 feet away. The article notes that the person who received the stricter citation was outside of his car pumping gasoline at the time of the ticket. Some of the ticketed drivers do not believe that their radios were actually audible 100 feet away, and they plan to contest the fines. The article states that the police department decided to institute Operation Silent Night because so many residents had lodged noise complaints about loud car stereos. Police spokesman Chuck Johnson said, "The people have told us they want this kind of enforcement so we're going to tackle it until the problem subsides." In the article, Johnson also added that loud music is a safety issue as well. Drivers in cars with loud music are not always able to hear the sirens from emergency vehicles. Sarcastic Column Says Don't Punish Motorists with Excessively Loud Car Stereos with Loud Classical Music -- As One Judge Has Done -- Make Them Listen to Crying Babies PUBLICATION: The Ledger DATE: November 28, 1999 SECI'ION: Life; Pg. D1 BYLINE: Ted Hoffman DATELINE: Lakeland, Florida The Ledger prints a sarcastic column that says motorists with loud car stereos should not listen to blaring classical music -- as one local judge has designated -- but to tapes of crying babies. The article prints a sarcastic column that challenges a local judge's punishment of choice for motorists with loud car stereos. The judge sentences violators to listen to blaring classical music, but the columnists says make them listening to tapes of crying babies. Not just any crying babies, but "babies with colic who are getting vaccinated and need to be changed. Babies who are just plain cranky and have all the self-control and courtesy of the boobs in the cars." Noise Pollution Clearinghouse, quieting noise pollution Page 1 of 2 5p: Noise. Pollution · I _ Clear,nghouse "Good neighbors keep their noise to themselves." Find out about our latest project: Quiet Lakes. Sign up to receive the newsletter, ,ar click here to view previous editior, s. Take NPC's Aviation Noise Survey. The Noise Pollution Clearinghouse is a national non-profit organization with extensive online noise related resources. The Noise Pollution Clearinghouse seeks to: · Raise awareness about noise pollution · Create, collect, and distribute information and resources regarding noise pollution · Strengthen laws and governmental efforts to control noise pollution · Establish networks among environmental, professional, medical, governmental, and activist groups working on noise pollution issues · Assist activists working against noise pollution The mission of the Noise Pollution Clearinghouse is to create more civil cities and more natural rural and wilderness areas by reducing noise pollution at the source. About Noise and NPC We (;an Help Protecting the Commons NPC Online Library EPA Noise Library i[ Airport Monitor ][ Quiet Lakes NPC Law Library Quiet Lawns Quietnet (Noise Groups Hosted By NPC) Partners in Our Effort to Quiet the Commons Hearing Loss and Occupational Noise Library Search The NPC Website NPC Resource Library Noise News Quiet Products and Services of NPC Supporters Take Back lhe Sk),, a new book about aviation noise http://www.nonoise.org/ 8/8/03 NPC Online Library Page 1 of 6 Noise Pollution Clearinghouse "Good Neighbors Keep Their Noise To Themselves" NPC Online Library The Noise Pollution Clearinghouse Online Library includes noise related articles from journals and books, and links to other noise resources. See Noise News for summaries of noise related articles appearing in major newspapers. Check out the I~.aw I~ibrary, which includes proposed noise legislation and existing noise laws from federal, state, and municipal sources. You can Search thc l,ibrarv or use the list of titles and descriptions below to find the information you are seeking. The Online Library is sponsored by Quiet Solution Inc. Quiet Solution, Inc. Alphabetical listing of titles with descriptions Assessment of Noise Annoyance, (2001). This paper provides an excellent critique of the FAA's reliance on 65 DNL. The author is the executive director of the Institute of Noise Control Engineers. If you don't already have it, you will need the free Adobe Acrobat Reader to view this PDF file. Aviation Noise Effects, (1985). This report, written by the FAA, summarizes the effects of aviation noise in many areas, ranging from human annoyance to impact on real estate values. It is a very informative document, with several graphs and explanatory figures. (This is a very long text, so wait for it load completely.) Bibliography of Noise Publications 1972-1982. The EPA Noise Publications listed in this Bibliography are a composite of all materials developed and made available to the public from 1972 when EPA's Office of Noise Abatement and Control was established through 1982 when the Noise Program was phased out and the responsibility for Noise Abatement and Control was delegated back to State and local governments. Classroom Acoustics. This booklet discusses in detail the features that make an acoustically sound classroom. It is a "resource for creating learning environments with desirable listening conditions." Comments on Occupational Noise to the OSHA :Standards Planning Committee (1994). This excellent paper is a previously unpublished document from a recognized expert which outlines specific recommendations to OSHA regarding reducing noise in the workplace. Several worthwhile books and articles are referenced. http://www.nonoise.org/library.htm 8/8/03 NPC Online Library Page 2 of 6 Community Noise (1995). Published by the World Health Organization, this critical review studies the adverse effects of community noise, including interference with communication, noise-induced hearing loss, annoyance responses, and effects on sleep, the cardiovascular and psychophysiological systems, performance, productivity, and social behavior. Criteria tbr a Recommended Standard Occupational Noise Exposure - Revised Criteria (1996). The original NIOSH publication (1972) provided the basis for a recommended standard to reduce the risk of developing permanent hearing loss as a result of occupational noise exposure [NIOSH 1972]. NIOSH has now evaluated the latest scientific information and has revised some of its previous recommendations. Denver Noise Survey. 1995, and Analysis of l'he Denver Noise Control Ordinance (1997). The Environmental Protection Division of Denver Department of Environmental Health conducted a community noise survey in the late Spring through the Fall of 1995. The objectives of the survey were to: 1) determine typical noise levels that exist in the types of premises for which Denver's Noise Control Ordinance sets maximum noise limits; 2) use the survey data to evaluate the adequacy of the noise ordinance to abate complaints and prevent further deterioration of the noise environment; 3) establish baseline noise levels at selected locations that could be resurveyed at regular intervals to monitor changes, and 4) develop a Denver noise map. Dictionary of Noise Terms. This dictionary of terms related to noise and noise control is a useful tool for those who are investigating how to reduce the amount of noise pollution in their environment. Drowning in Noise: Noise Costs of Jet Skis in America. (Komanofl'and Shaw, 2000). Only bans on usage will curb jet ski noise, concludes Drowning in Noise: Noise Costs of Jet Skis in America, a 76- page report that is the product of two years of research and analysis by economist Charles Komanoff and mathematician Dr. Howard Shaw. Click here tbr a summary of Drowning in Noixe. The I)ormant Noise Control Act And Options To Abate Noise Pollution (Shapiro, 1991 ). This report considers the future of noise abatement in the United States and what role EPA should play in that function. Effects of Aircraft Noise and Sonic Booms on Domestic Animals and Wildlife: Bibliographic Abstracts. This report is a compilation of current knowledge of the impacts aircraft noise and sonic booms have on animals. Abstracts of over 150 studies are given. Effects of Aircraft Noise and Sonic Booms on I)omestic Animals and Wildlife: A Literature Synthesis (1988). This is a report compiling results of many studies researching noise and its effects on wildlife. The studies focused primarily on mammals and birds, but also includes fish, amphibians reptiles and invertebrates. A brief description of aircraft noise and sonic boom characteristics is also included. Effects of Aircraft Noise and Sonic Booms on Fish and Wildlife: Results ora Survey of U.S. Fish and Wildlife Service Endangered Species and Ecological Services Field Offices, Refuges, Hatcheries. and Research Centers (1988). This document presents the information provided by biologists and field managers at field installations of National Wildlife Refuges and other similar environments. It documents the effects overflights have on wildlife at the sites and gives recommendations to educate about the problems of overflights and how to deal with them. Environmental Noise: The Invisible Pollutant, an article written by William Cavanaugh and Gregory Tocci of Cavanaugh Tocci Associates, Inc. It reviews environmental noise descriptors and policy http://www, nonoise.org/library.htm 8/8/03 NPC Online Library Page 3 of 6 guidelines for abating environmental noise on which the scientific-technical community, governmental agencies, industry and consumer-public interest groups generally agree. Environmental Noise booklet, put out by Bruer and Kjaer, is a great primer for those who want to learn about environmental noise, how it's measured, and what you can do about it. Please note, this page takes a VERY long time to load, so please be patient. Flight Tracks. Flight Tracks is an excellent source for information on airport noise and environmental impacts. It is the newsletter of the Alliance of Residents Concerning O'Hare (AReCO), a grass roots organization made up of residents that are affected by noise, pollution and safety concerns caused by O'Hare International Airport located in Chicago, Illinois. Future Noise Policy (European Commission, 1996). This paper discusses the noise situation, analyzes existing noise abatement actions, and provides a framework for noise policy in the European Union. You may also view the executive summary of this document. Highway Traffic Noise (FHWA. 1980). This document provides an simple introduction to highway traffic noise. For a more detailed analysis, read t lighway Traffic Noise in the [Jnited States: Problem and Response. Highway Traffic Noise Analysis and Abatement: Policy and Guidance (FttWA, 1995). This document provides Federal Highway Administration (FHWA) policies and guidance for the analysis and abatement of highway traffic noise. Highway Traffic Noise in the United States: Problem and Response (FHWA, 1997). This document provides a summary of the highway traffic noise problem in the United States and Federal Highway Administration's response to this problem. Humane Society Suggestions tbr Dog Training. This article offers training techniques to quiet barking dogs. Improving General Aviation Security. This is a report to Congress from the FAA after the September 11 th terrorist attacks. Intbrmation on Levels of Environmental Noise Requisite to Protect Public I tealth and Welfare with an Adequate Margin of Safety (EPA, 1974). This document is probably the most comprehensive study of noise in America. This document is very large. A shorter form of this document can be found below in "Protective Noise Levels." An Introduction to Sound Basics. The subtitle for this 1987 document (revised 1999)reads "Acoustical Properties, Measurement, Analysis, Regulation". The document is useful to persons interested in finding out more about what Noise Pollution is and what its effects are, as well as how they may accurately measure the amount of noise in their environment. Laws and regulations particular to Minnesota are included. Very useful and informative. Keep It Down (And Rediscover Silence). Most of us would agree that thoughtful behavior and common decency are in short supply, or simply forgotten in hurried lives of e-mails, cellphones, and multitasking. In Choosing Civility -- from which this excerpt is taken -- P.M. Forni identifies the twenty-five rules that are most essential in connecting effectively and happily with others, and provides examples of how to put each rule into practice. http://www.nonoise.org/library.htm 8/8/03 NPC Online Library Page 4 of 6 Minnesota Pollution Control Agency Impulse Noise Study (1991). This document is a review of state efforts to control noise pollution and a review of literature regarding impulse noise. Model Community Noise Ordinance from the Environmental Protection Agency. MUZAK: Music to Whose Ears'?:A brief overview of research commissioned by The Royal National Institute for Deaf People from December of 1998. National Parks Overflights Act of 1997 (S268). This bill was introduced to the Senate by McCain of Arizona to regulate flights over national parks. Noise: A Health Problem (1978). This document is a somewhat dated but still very helpful EPA document about noise and health. Noise and Its Effects (1991). This report, written by a leading noise expert, provides the most comprehensive and up to date overview of the noise problem. It clearly illustrates the numerous reasons for concern about noise problems and provides an excellent noise bibliography. Noise and Silence: The Soundscape and Spirituality (1995). This interesting paper discusses some early history of noise reduction in the urban environment, including limiting even the playing of church bells. It discusses how public perception of noise has changed, even though the environment may be no noisier today than two centuries ago. Noise Busters. This is an article from the March 2001 issue of Smithsonian magazine on the Noise Pollution Clearinghouse by Richard & Joyce Wilkomir. Noise Effects Handbook: A Desk Reference to }lealth and Welfare Effects of Noise (1981 ). This handbook, from the EPA's Office of Noise Abatement and Control, details the effects noise has on health in areas of communication, sleep, psychologically, physiologically and community among other things. Noise Pollution Clearinghouse Wildlife t:act Sheet. A brief fact sheet on the effects of noise on wildlife. Noise, Sovereignty. and Civility (1999). Noise is an environmental health issue. Its causes are tied to the issues of sovereignty (who owns the air?) and civility (how should we treat our neighbors?). This article includes NPC's "Good Neighbor Policy." Presidential Executive Order 12898--F~nvironmental Justice. This Executive Order is useful for people who suspect that a community is being unfairly impacted by noise or other types of pollution. Protective Noise I~evels (1979). This document is the condensed version of the EPA's Levels Document. It is the basis of many current and existing noise regulations. Quiet Communities Act of 1997 (H.R. 536). This document is the proposed bill, by House Rep Nita M. Lowey and co-sponsors, to reauthorize the EPA's Office of Noise Abatement and Control. Here are two letters supporting this bill, one from Rep. Nita Lowey, and the other from the National Resources Defense Council. NPC's "Quiet Zone" newsletters. http://www.nonoise.org/library.htm 8/8/03 NPC Online Library Page 5 of 6 1. Summer 2001: This issue focuses on the problems associated with noise pollution, some of the worst examples, and ways to fight it. Adobe Acrobat PDF version 2. Spring 2002: This issue focuses on boom cars, and the connection between aviation noise and safety.Adobe Acrobat PDF version 3. Fall 2002: This issue focuses on building quiet classrooms for our youth. Adobe Acrobat PDF version 4. Spring 2003: This issue focuses on the future of peace and quiet. Adobe Acrobat PDF version Report to Congress: Report on Effects of Aircraft Overflights on the National Park System (1994). This report details a wide range of costs and benefits of overflights. Included in the report are effects overflights have on natural quiet as a natural resource, cultural and historic resources, wildlife, visitor enjoyment and safety. Values associated with tourist overflights are also taken into account. The report used information from surveys given to park manangers and visitors to the park on the ground and in the air. The report gives recommendations to reduce the impact of overflights on National Parks. RCAA maintains an interesting and informative library on airport noise. Sound Bites From The Past. This page is dedicated to articles and other material from the past that have significance related to noise. Testimony of Grand Canyon Trust regarding National Parks ()verflights and S. 268 (1997). This testimony given by Tom Robinson to the Committee on Commerce, Science, and Transportation of the United States Senate. He outlines the importance of the act and gives recommendations to improve upon the act even further. Typical Noise Levels: Take a look at the noise levels of many common appliances and events around the house. Urban Noise Survey (1977). an EPA national survey of public reaction to noise exposure in 24 urban settings (settings with unusually loud highway or airport noise were excluded). Other Interesting Reading On Our Site Newletters From Noise Groups links to newsletters from grassroots groups around the country, providing insight into local and regional noise issues. Noise Forum, contains essays from citizens and noise activists around the world. Noise News, a feature for summaries of noise related articles appearing in major newspapers. Law Library, library for federal noise legislation. Upcoming Conferences About Noise Issues Interesting Reading on Other Sites Airport Noise Report The Airport Noise Report is a biweekly newsletter on litigation, regulations, and technological developments. It is written for airport or aviation industry professionals, elected officials, aviation consultants, and lawyers specializing in airport noise cases. It strives to provide insight into noise http://www.nonoise.org/library.htm 8/8/03 NPC Online Library Page 6 of 6 problems at airports throughout the country and help find effective ways to deal with noise problems. American Academy of Otolaryngology: The f~nvironment Our Mutual Concern American Academy of Otolaryngology: Noise. Ears and Hearing Protection Published in an online resource for the facilities industry, "Making Sense of Sound Ratings" gives a good background on acoustical performance measures. The article discusses measurements applied to wall panels, sound blocking elements, open office acoustics, and HVAC noise. "Sound Transmission Through Windows", from the Canadian Building Digest, this gives a thorough treatment of typical window characteristics and their influence on sound transmission. New England Journal of Medicine, a recent issue highlighted the effect of sleep loss on traffic accidents. This article has significant implications for noise in induced sleep loss. Echoes is the quarterly newsletter of the Acoustical Society of America which covers current and topical happenings of general interest and features articles about current research and personalities in the acoustical field. Frequently Asked Questions: Active Noise Control Noise Bibliography Noise: A [lazard tbr the Fetus and Newborn. This study provides information on the potential health effects of noise on the fetus and newborn, offering recommendations for government policy. Evidence collected since 1974 suggests that fetuses and newborns exposed to excessive noise may suffer noise-induced hearing loss and other health effects. This is an external link to a Policy Statement contained within the American Academy of Pediatrics website. Noise Abatement in European Towns and Cities: Strategies, Concepts and Approaches tbr Local Noise Policy The European Academy for the Urban Environment published this paper to help form and develop instruments in urban and traffic planning. They wish to establish integrated noise abatement measures as well as finance strategies to implement these measures at a local level. (Berlin, 1999). Sierra Club Noise Policy Sierra Club: Helicopter Tourism Over Hawaii http://www.nonoise.org/library.htm 8/8/03 NPC Library: Noise, Sovereignty, and Civility Page 1 of 7 ...... Noise Pollution tp C lea ringhouse "Good neighbors keep their noise to themselves." Noise, Sovereignty, and Civility by Les Biomberg, Executive Director, Noise Pollution Clearinghouse Noise is unwanted sound. It causes hearing loss, stress, high blood pressure, sleep loss, lost productivity, and a general reduction in the quality of life and opportunity for personal and collective tranquility. Noise is caused by people and businesses claiming rights, usually property rights, to emit noise into the air, and by people who do not possess the civility to be good neighbors. While its effects are an environmental health issue, its causes are tied to the issues of sovereignty (who owns the air?) and civility (how should we treat our neighbors?). Together, environmental health, sovereignty, and civility are the three pillars that support noise activism. Through the work of the League for the Hard of Hearing, Arline Bronzafi, Gary Evans, Alice Suter, and many others, the public is starting to grasp the health issues related to noise. Noise activists, likewise, are starting to grasp the full implications of their work and the importance of sovereignty and civility. We are coming to the realization that combating noise requires addressing the underlying causes of the problem, of which sovereignty and civility are at the center. Sovereignty Much of the noise pollution we experience results from individuals and businesses who believe that it is their right or freedom to make noise. The most common right claimed is a property right. They claim that they should be free to use their property as they see fit without interference from others. The second most common right cited is that of prior occupation. People often assume that if the noise source "was there" before the complainant, that the noise is permissible. Finally some people claim that they should be free to act as they wish without interference from others or the state, or they claim specific rights such as the freedom of speech. Each of these claims shows a fundamental misunderstanding of noise, ownership, and the western tradition of freedom. Persons making the first claim, that it is their property right, are wrongly assuming that they own the air over and around their neighbors. If the noise was limited to their property their case would be slightly stronger. Even then, however, it is not an absolute right. Smoking, for example, is prohibited in many public places by the states, even though the pollution is limited to air within private property. In the case of noise heard on public property or another's private property, the noise maker has no claim to owning the air on which the noise travels. Therefore, they have no private property right to broadcast the noise. Another version of the property rights argument claims that because the air is common property owned http://www.nonoise.org/library/civnsov/civnsov.htm 8/14/03 NPC Library: Noise, Sovereignty, and Civility Page 2 of 7 by everyone, everyone has the right to do as he or she pleases. This too is clearly a flawed argument. Roadways are also common property, but no one has the right to drive left of the yellow line or park their car in the middle of the street. Common property does not entail universal entitlement. In fact, such a policy leads to what is known as the "tragedy of the commons." The term "tragedy of the commons" comes from the experience on common grazing fields in England. If everyone acts in his or her own self interest on common property (in the common grazing fields, that meant grazing your cattle as much as possible), the common resource is degraded (the field is overgrazed and therefore supplies only a fraction of the feed it otherwise could have). The antidote to the tragedy of the commons is an ethic of the commons: common property needs to be managed so that uses that do not degrade or detract from others' use and enjoyment are encouraged, and uses that detract from others' use and enjoyment are discouraged. With respect to noise, that means encouraging quieter uses and discouraging noisy ones. The claim of prior occupation clearly does not provide justification for noise pollution. One way to see the weakness in this argument is to realize that the argument is not used in reverse. Communities do not give neighbors the right to prohibit the introduction of new noises in their neighborhood because the prior use was quiet. People lived near almost all major noise sources before those sources existed. Moreover, there were people living there before the source was expanded. At some point there were no motorized boats on lakes, no airports, no jets, yet there have always been people seeking quiet. The claim of freedom from government interference seems to overlook the very nature and development of the concept of freedom in western cultures. Even at the height of laissez-faire attitudes in the 18th century, philosopher John Stuart Mill, one of the greatest defenders of the freedoms of individuals, recognized that people ought to be free to do as they please so long as they do not harm others. This is a concept well understood in America today. My right or freedom to swing my fist ends at your nose. My fight to make noise ought to end at your ear. The effort to control noise is part of a greater effort to protect that which is held in common by the public from abuse and degradation. Other efforts to protect the commons are concerned with protecting our public lands and parks; air, airways, water, and waterways; habitat, species, and biodiversity. What these efforts share is the recognition that our well-being is enhanced when the commons is used to maximize opportunities for everyone, and degraded when the commons is used to maximize profits or opportunities for a few, or to maximize only a few opportunities. Combating noise is part of a larger struggle to politically and legally establish sovereignty and control over common or public property. People working to reduce noise are environmentalists seeking an ethic of the commons. Our success is tied directly to other environmental causes. The battle against noise is strengthened when other environmentalists succeed, and weakened when they fail. As the term sovereignty suggests, it is inherently a political struggle. This has several implications for persons seeking to effectively control noise. In addition to the obvious one, supporting efforts to reduce noise, friends of quiet should: 1. Support initiatives that treat noise as a pollutant (for example, efforts to reopen the EPA's noise office, stronger regulation of transportation related noise, etc.). 2. Join forces with environmentalists and build coalitions with environmentalists to educate them about noise. 3. Support environmental causes unrelated to noise such as efforts to control global warming, acid rain, smog, etc. http://www.nonoise.org/library/civnsov/civnsov.htm 8/14/03 NPC Library: Noise, Sovereignty, and Civility Page 3 of 7 4. Support environmentally concemed candidates and initiatives. 5. Work against property rights and "wise use" movement candidates and initiatives. Civility Noise, more than most pollutants, is closely related to manners. Good neighbors keep their noise to themselves; bad neighbors don't. Noisy neighbors do not care about their impact on others. They are the bullies in the schoolyard. The Noise Pollution Clearinghouse receives more than 100 inquiries a week from people impacted by noise. The most common source of the noise is a business: a racetrack, grocery store with early morning garbage pickup, a building with very noisy refrigeration or air conditioning equipment, a bar, a gun range. As director of the Noise Pollution Clearinghouse, it has become obvious to me that the typical noise making bully in America today is a business. Most people would have thought the "neighbor from hell" would be an intimidating bully who lives next door. While they exist, businesses eclipse individuals for the title of "neighbor from hell" by an order of magnitude. The reason businesses are the worst offenders is that political power is on their side. Local governments are unwilling or unable to challenge them, while they do crack down on individuals. If the noise polluter were a teenager with a boom box playing half as loud as the noise of the business, the boom box would probably be confiscated. If the noise polluter were a college student hosting a late night party, the party would be shut down. But if the noise polluter is a business, nothing is done. It is difficult to understand any justification for these differences, especially in the cases of the most egregious acts of incivility reported to the Noise Pollution Clearinghouse. It is not uncommon for people who call the Noise Pollution Clearinghouse to be kept awake for a couple hours at night, or to be awakened 3 times a night, 5 nights a week. The defining characteristic between the teen or college student who are dealt with swiftly and the business that is allowed to pollute is that the business is making money. It is absurd that just because someone is making money they can also make noise. Businesses are not the only bullies in our communities. Sharing some of the claim to "worst noise polluter" is the average normal person. The two most common sources of noise pollution are highways and airports--places that most Americans use quite frequently'. Normal people tend to noise pollute when they have some sense of anonymity and when they lack connection to their community--when they are literally zipping by. The same people who would never honk their horn at midnight in a residential community will fly over the same homes at midnight, to the very same effect: families can't sleep. Understanding just who the noise polluters are and that they include us is both enlightening and disturbing. It should not be surprising, however, that minorities and the poor are most often the noise polluted. Minorities and the poor have the highest exposure to many environmental pollutants, and this is clearly the case with noise. Low-income neighborhoods are much more likely than wealthier ones to suffer from excessive airport and aircraft noise. The U.S. Census reports that families who rent their homes are twice as likely to list noise as a major neighborhood problem as those who own their homes. Similarly, African Americans, Hispanics, and persons living below the poverty level are significantly more likely to list noise as a major neighborhood problem. When some people choose not to be a good neighbor, laws must be passed to force neighborliness upon http://www.nonoise.org/library/civnsov/civnsov.htm 8/14/03 NPC Library: Noise, Sovereignty, and Civility Page 4 of 7 them. This is an unfortunate but all too common necessity in modem society. Laws forcing people to be good neighbors are much less desirable than people acting as good neighbors out of choice. The Noise Pollution Clearinghouse has developed a Good Neighbor Policy to use as a guideline for respect within a community. Obviously, it can be modified for different communities depending on their needs. Noise, Sovereignty, and Civility Just as noise cannot be heard in a vacuum, noise activism does not succeed in a vacuum. Environmental and community consciousness is the medium of noise activism. Friends of quiet need to be part Rachel Carson and part Miss Manners. We need to demand that common property be protected, that our air remains clean, free of noise, smog, acid rain, etc., and that others be treated respectfully and in a manner we would wish for ourselves. 1Average people definitely share some responsibility for using the highways and airports. The airline, motorcycle, car, and truck industries, the Federal Aviation Administration, and the Federal Highway Administration deserve much more of the blame for making almost no attempt to reduce the impact of noise. With the exception of the car industry (specifically many high end and Japanese cars), these industries have historically made no effort to quiet their products unless forced to by regulations. And since government regulations of all these industries and products is very lax, lagging way behind European standards, almost no progress is being made. Good Neighbor Policy The Purpose of the Good Neighbor Policy is to protect the comfort, quiet, repose, health, peace, and quality of life of people. At a minimum, everyone should reasonably expect: 1. To be protected from adverse impacts on their quality of life due to noise; 2. Not to have their sleep disturbed by noise; 3. Not to hear someone else's noise in their home. The Good Neighbor Policy is based on the principal "Good neighbors keep their noise to themselves." We ask neighbors to agree to the following. With respect to: Lawn and garden equipment · Use a reel mower and rake whenever possible. · Use power lawn and garden equipment between 9 AM and 6 PM. · Do not use a leaf blower for health and noise reasons. · Whenever possible, avoid the outdoor use of power tools on Sunday. · Avoid the use of power lawn equipment if your neighbors are in their yards. · Establish a schedule for motorized outdoor lawn and garden work with your neighbors (e.g. even number days only). Loudspeakers, sound amplifiers, public address systems, musical instruments, and outdoor events · Limit outdoor nighttime noise (between 9 PM and 9 AM) to levels quieter than typical http://www.nonoise.org/library/civnsov/civnsov.htm 8/14/03 NPC Library: Noise, Sovereignty, and Civility Page 5 of 7 conversation. · Ensure that nighttime noise is not audible within neighbor's homes. · Ensure that maximum daytime noise levels on neighbor's property does not exceed typical conversation levels. · Commercial and industrial establishments should use pagers or radios instead of PA systems. Shared walls, floors, and ceilings · Walk lightly, especially on hardwood floors. · Keep music to conversational levels, site speakers away from common walls, and limit bass volume. · Respect your neighbor's sleep schedule. · Lay rugs in heavily traveled areas and hallways. Trash removal · Schedule trash pickup between 9 AM and 5 PM. Barking dogs and other animal noises · Train dogs not to bark. · Ensure that dogs and other animals are not left unattended and in situations where they may bark or otherwise disturb neighbors. Cell phones and pagers · Turn cell phones and pagers off, or use them in "silent mode" in public places such as, parks, beaches, trains, restaurants, theaters, and concert halls. · When using a cell phone, move to a private place where you will not disturb others. Air conditioning, refrigeration, heating systems and other permanent outdoor appliances · Purchase only the quietest air conditioning, refrigeration, and heating equipment. · Locate air conditioning, refrigeration, and heating systems as far as possible from neighbors and screen central heating and air conditioning systems with a solid fence. New appliances and equipment · Buy quiet. Purchase products that are among the quietest in their class. Consumerism · Buy local. Purchase products that require the least shipping, Construction · Perform noisy construction work only between 9 AM and 5 PM, Monday-Saturday. Noisy construction work usually includes activities such as hammering or the use power tools outdoors. Commercial and industrial operation within 1,000 feet of residential property http://www.nonoise.org/library/civnsov/civnsov.htm 8/14/03 NPC Library: Noise, Sovereignty, and Civility Page 6 of 7 · Limit noisy operations such as outdoor loading, unloading, use of power tools, to 9 AM to 5 PM, Monday to Saturday. · Ensure that any noise spilling over onto neighbor's property is less than typical conversational levels. · Turn off macks and auxiliary equipment if vehicle is stationary for more than 2 minutes. Automobiles, trucks, and motorcycles · Maintain exhaust and muffler systems in good working condition. · Do not use straight pipes, cutouts, or other noisier modifications of exhaust systems. · Maintain stereo volume levels so that noise is not audible 25 feet from vehicle. · Do not use air compression brakes (Jake Brakes). · Use a horn only for emergencies. · Buy smaller vehicles with smaller tires and drive at slower speeds (noise is proportional to tire size and vehicle speed--avoid SUV's and speeding) Alarms and car alarms · Rely on silent alarms and devices that disable vehicles to protect cars. · Do not leave valuables in passenger compartments of cars. · Do not purchase cars that use the horn to let the driver know when the doors are locked. Off road vehicle use · Use standard equipment or better mufflers. · When operating off-road vehicles, maintain at least 1,000 feet distance from residential property, parks, or public or private beaches. · Do not use ORV's in remote or pristine areas. Thrill craft (Jet Skis) · When operating thrill craft, maintain a distance of at least 2,000 feet from shoreline and islands. · When leaving or returning to shore, maintain a 2,000 foot "no wake" zone. · Maintain at least 1,000 feet from non-motorized watercraft. · Do not jump waves or go in circles. Watercraft · Do not remove mufflers or use cutout devices. · Maintain a 1,000 feet from shoreline "no wake" zone. · Limit boat stereo levels. Aircraft · Whenever possible, use quieter, more efficient forms of transportation. · Book all flights to take off and land between the hours of 8 AM and 8 PM. · Pilots should avoid flying over urban or residential areas and parks. · Pilots should maintain a minimum of 2,500 feet from residential areas, parks, and beaches. · Do not take tour flights. http://www.nonoise.org/library/civnsov/civnsov.htm 8/14/03 NPC Library: Noise, Sovereignty, and Civility Page 7 of 7 Overnight deliveries requiring nighttime air flights · Ship next day packages only in cases of emergencies. Firearms · Do not discharge firearms within 2,500 feet of residential property. Notification · Notify all potentially affected neighbors if an activity may interfere with their use and enjoyment of their property and arrange to control and eliminate any possible interference. Exemptions · Emergency construction or operations necessary to protect safety of persons or property. · Special community-sponsored events. · Modifications of the Good Neighbor Policy based on mutual agreement of all affected neighbors. http://www.nonoise.org/library/civnsov/civnsov.htm 8/14/03 Hearing Rehabilitation Quarterly Volume 25 #1 Page 1 of 12 HEARING REHABILITATION QUARTERLY VOLUME 25, NUMBER 1, 2000 Intrusive Community Noises Yield More Complaints Arline L. Bronzaft, Ph.D., Elizabeth Deignan, M.A., Yael Bat-Chava, Ph.D. and Nancy B. Nadler , M.E.D., M.A. How bothered are people by noises in their neighborhoods? Do they complain about these noises? To answer these questions, the U.S. Environmental Protection Agency's Office of Noise Abatement (1977) collected data from seven cities for a total of 2,037 individuals, 732 men and 1275 women. The resulting document The Urban Noise Survey reported that 62 percent of the respondents rated their neighborhoods as quiet, whereas 46 percent claimed to be bothered by noises in their neighborhoods. Motor vehicles accounted for most of these complaints, and television complaints were ranked at the bottom. There were no differences in gender with respect to these ratings of noise. Nationwide, 9 percent of all the respondents indicated that they had complained about noise in their neighborhoods, leading the authors of this survey to conclude that the proportion of the population that complains about noise "...is a poor predictor of the prevalence of annoyance." Borsky (1980) concurs with the Office of Noise Abatement's assessment that very large numbers of people are bothered by noises but adds that few complain to the authorities. In his earlier paper (1969) Borsky found that only 20 to 23 percent of the exposed population complains about noise intrusions. Similarly, Kryter (1985) concluded that complaints are not a good measure of community annoyance. In Community Noise (1995) edited by Berglund and Lindvall, the authors state that "noise is one of the most frequent reasons for public protest." The authors then identify complaints to authorities as one of the examples of public protest. However, they then conclude that: "Commonly only 5 and 10 percent of residents exposed to noise actually complain or participate in any related activity." In the last twenty years there is growing evidence, as noted from stories in the media and from the formation of anti-noise groups internationally, that noise pollution is even more pervasive. That noise ranks high as urban complaints can be ascertained from the New York City Police Department's Quality of Life Hot Line, which in 1998 recorded over 70 percent of its calls as noise-related. In a recent environmental survey of New York City's community boards, with 83 percent of them responding, the Council on the Environment (1999) found that noise pollution was identified as one of the top three environmental issues of concern to these boards that represent over seven million New Yorkers. Although the Council study and the data from the New York City Hot Line validate noise as a serious problem in this large urban metropolis, unfortunately they provide no real information on the percentage of those affected who take the time to complain. http://www, lhh.org/hrq/25-1/intrusive.htm 8/14/03 Hearing Rehabilitation Quarterly Volume 25 #1 Page 2 of 12 Researchers agree that noise is annoying, but they also agree that the majority of the people affected by the noise do not complain. As to the reasons for this failure to complain, Langdon (1978) hypothesized that people with low income placed lesser value on quiet because they were more concerned with "basic needs." It would then follow that poor people might complain less. Personality factors could serve as an explanation, but Tempest (1985), after looking at a number of investigations linking noise to personality traits, found them to be inconclusive. Another explanation lies in the "learned helplessness" concept in that people stop complaining because it had done no good to do so in the past; thus they simply suffer the pain and stop complaining. Susan Staples (1996) rightfully concluded that our inability to fully understand the psychological reasons involved in complaining has not allowed us to adequately predict annoyance levels for communities. Policy makers have used this lack of information on noise annoyance levels to justify their lax attitude in setting standards to protect people from noise. This is true in the United States as well as in other countries of the world. The League for the Hard of Hearing has been concerned about the failure of governments to treat noise pollution as a hazard to human health and welfare. In the United States, the League has worked actively to refund the Office of Noise Abatement and Control so that noise would once again be treated as a serious environmental pollutant. In line with this project and its interest in providing lawmakers with more information on the impact noise has on people, the League undertook a survey to examine the intrusiveness of noise on people's lives and the characteristics of those individuals who decided to do something to abate the noise. METHOD Subjects A total of 647 individuals completed a Community Noise Survey; 56 percent female and 44 percent male. Their ages ranged from the late teens to 90 years old, with a mean age of 43. Although the questionnaire was available worldwide, 84.4 percent of the respondents lived in the United States, 9.6 percent lived in Canada and the remainder elsewhere in the world. The majority resided in cities (59.2 percent) with 21 percent living in the suburbs, 13.1 percent in small towns, and 6.6 percent in rural areas. Community Noise Survey The Community Noise Survey was developed by the League's International Noise Awareness Day steering committee. The questionnaire solicited the following information: types of noises that were disturbing, how often these noises were bothersome, the activities intruded upon by these noises, feelings elicited by noise intrusions, and what respondents did to abate the noises. Procedure Subjects were given the Survey as part of the activities the League for the Hard of Hearing had prepared for its 1999 International Noise Awareness Day (INAD). Some of the subjects completed the Survey on the League's Web site (50.9 percent) and others at locations that held events associated with INAD (49.1 percent). http://www, lhh.org/hrq/25-1/intrusive.htm 8/14/03 Hearing Rehabilitation Quarterly Volume 25 #1 Page 3 of 12 RESULTS Types of Noises The questionnaire listed 20 specific noises, and subjects were asked whether or not these noises disturbed them. They were also asked to rate, on a 5-point scale (0=Never; 4=All the time), how often they were bothered by these noises. Table 1 presents a listing of the specific noises and the numbers of respondents that chose each. Vehicles, which included cars, trucks and buses, were reported by the largest percent of respondents as being bothersome. Motorcycles were identified as the second most bothersome; airplanes or helicopters ranked third. Bars or nightclubs and recreational activities, e.g. sports stadiums and race tracks, were ranked at the bottom of the list. With respect to how often these specific noises were bothersome, it was not surprising that vehicles ranked first. Loud music and car alarms took second and third positions in the rankings. Again bars or nightclubs and recreational activities were at the bottom. (See Table 2). Activities Intruded Upon Six activities were identified as those with which noise interfered, and subjects checked off the ones that applied to them. An "Other" category enabled respondents to add their own activities to the list. There was no limit imposed on number of activities to be selected. A majority of all the respondents reported that noise limited their ability to keep their windows opened (57.3 percent). Differences were found amongst people from different types of communities. For example, a majority of the subjects living in cities reported that noise also interfered with sleep, talking on the telephone, and work and study. Less than 20 percent of the subjects living in the suburbs, less than 15 percent of the subjects in small towns and less than 6 percent of the respondents in rural areas reported interference in these areas. Approximately 40 percent of the people living in the city noted that noise interfered with radio and television listening, and 21 percent indicated that noise interfered with their ability to talk with others in their homes. Radio and television listening were selected by 33.1 percent in the suburbs, 24.7 percent in the small towns and 28.2 percent in the rural areas. Inability to converse were chosen by 15.3 percent of those living in the suburbs, 22.1 percent of the small town dwellers and 12.8 percent of those living in rural areas. Of interest is the response to the "Other" category. Seventy-eight people checked this category, with 34 reporting that noise interfered with their ability to relax or unwind and 24 stating that noise interrupted their ability to enjoy the outdoors. Feelings Elicited by Noises The survey identified six emotional responses to noise. Respondents were not limited to how many feelings they could check off. Two open-ended questions allowed respondents to identify a specific illness or a feeling not listed. The majority (72 percent) reported that noise made them feel annoyed. The other feelings http://www.lhh.or~hrq/25-1/intrusive.htm 8/14/03 Hearing Rehabilitation Quarterly Volume 25 #1 Page 4 of 12 were as follows: Angry (43.1 percent), Helpless (31.2 percent), Upset (30.3 percent) and Overwhelmed (19.6 percent), and Made Physically Ill (11.7 percent). Eleven percent identified other feelings, namely Extremely Agitated, Overall Stress and Tiredness. Taking Action To Abate the Noise Participants were asked whether they had ever filed a noise complaint and, if so, to specify the type of noise, the response to the complaint, how quickly the response came, and whether the complaint lessened the noise. Over half (59.4 percent) reported that they had never filed noise complaints with the police or governmental agency. Of those 40 percent who reported having complained to the authorities, only 38 percent specified the type of noise as follows: music -- 37.1 percent, people noises -- 14.5 percent, and vehicles (trucks and cars) -- 10.1 percent. Of the 40 percent who had complained, a majority (62 percent) did receive a response. Most of these responses occurred in less than one hour (43.2 percent). Other respondents reported the following: "over 1 hour-- 1 day" (5.8 percent), "over 1 day -- 1 week" (9.0 percent), "over 1 week-- 1 month" (2.6 percent), "over 1 month-- 1 year" (2.6 percent). Less than 20 percent reported that their complaint led to the noise being stopped or reduced. Thus 80 percent of the respondents noted that the noise problem had not been resolved successfully. Differences Among Participants Age: Older, rather than younger respondents, were more likely to report feelings of anger, helplessness, being upset, and overwhelmed by noise. Gender: Women, more than men, were significantly more bothered by loud music, car alarms, homs, honking, rowdy passersby, loud movies and restaurants. Females were significantly more intruded upon by noise with respect to work and study. On the other hand, males were more likely to report a complaint to the police, although the difference did not reach significance. With respect to getting a response from the authorities, there were no differences between males and females, but more women, than men, reported that their problem was resolved, although the difference was not statistically significant. National Differences: Of all the noises listed in the survey, only loud music was significantly more bothersome to people living in the United States (Mean = 1.97) than those outside of the U.S. (Mean =1.66). This difference was significant at the .05 level. Also reaching significance was the finding that noise interrupted telephone and home conversations for U.S. residents more than for those outside the U.S. With respect to the feelings elicited by the noises, more U.S. residents (33.4 percent) as compared to those outside the U.S.(21.7 percent) reported feelings of helplessness. This difference was statistically significant at the .05 level. Also noteworthy was the fact that U.S. citizens also complained more to officials than non-Americans, although the difference did not reach significance. Residential Locale: An analysis of variance (Table 3) identified differences among participants depending upon their residential locale (city, suburbs, small town or rural). http://www, lhh.org/hrq/25-1/intrusive.htm 8/14/03 Hearing Rehabilitation Quarterly Volume 25 #1 Page 5 of 12 Further analyses of the data found that noises generally identified with urban living -- e.g.: cars and trucks, city and industrial services, bars or nightclubs, rowdy passersby, car alarms and horn honking -- were more frequently cited by city dwellers. Helicopter and aircraft noises were more bothersome to suburbanites; recreational vehicles (snowmobiles, jet skis and dirt bikes) were more disturbing to rural dwellers than to city residents; and loud music was most bothersome to people who lived in small towns. All participants, independent of residence, complained about dog barking, loud movies, restaurants and boom cars. A larger percentage of people who lived in cities also reported noise-related interruptions in their lives with respect to keeping their windows opened, talking on the telephone, working or studying, and sleeping. There was a significant difference, based on where people resided, as to whether or not they complained about noises to officials. The largest percentage of complaints (65.7 percent) were registered by city residents. Suburbs accounted for 19.7 percent, small towns 10.5 percent and rural 4.2 percent. No significant differences were found as to whether complaints were acknowledged by authorities or whether the problem was resolved. Complainant vs. Non-Complainant: As noted above, men and city dwellers were more likely to be noise complainants. Of particular interest were two other findings characterizing the complainant in contrast to the non-complainant: complainants reported a significantly higher number of feelings and significantly named more activities that were interfered with by the noises. The one emotion that typified the complainant significantly was anger. DISCUSSION Consistent with The Urban Noise Survey (1977) that found motor vehicles accounting for most of the noise complaints, respondents to the Community Noise Survey also listed motor vehicles as the number noise source. This is not surprising in that motor vehicle traffic has increased considerably over these past twenty years. That noise from airplanes and helicopters ranked among the top three noise sources was also not surprising in that air travel has also increased tremendously. Zaner (1991), in discussing how bothersome aircraft noise was to Americans, quoted a 1997 U.S. Environmental Protection Agency report that found that some 14 million people were disturbed by airplane noise. One can just imagine how many more residents must be bothered today by overhead jets and helicopters! That bars and restaurant noise did not rank high for the subjects in general but did for those living in the city is supported by the stories in the press that have reported an increase in outside restaurants and bars in urban communities. New York City and New Orleans are two cities in which noise complaints have climbed with the addition of such facilities. Similarly those who answered this survey did not place recreational activities, e.g. sports stadiums, race tracks, high on their noise complaint list, but more stories have appeared in the press indicating opposition from groups where such facilities are being planned. Respondents were given a long list of noises to identify as bothersome. Even the activities at the bottom of the list (e.g. bars or nightclubs, restaurants, recreational vehicles) were still chosen by over two hundred of the respondents (approximately one-third of the sample). This clearly indicates that the range of noises to which people are exposed is wide and clearly speaks to the pervasiveness of noise pollution. This also indicates that cities and towns around the world probably lack the appropriate legislation to deal with these many http://www.lhh.org/t~q/25-1/intrusive.htm 8/14/03 Hearing Rehabilitation Quarterly Volume 25 #1 Page 6 of 12 different sources of noise. For example, the New York City noise code was written thirty years ago at a time when noise was not as widespread as it is today. Cities like Albuquerque, New Mexico, are reviewing their noise codes. Indeed, citizen groups around the globe -- e.g.: U.S. Citizens Aviation Watch, Noise Network in London, New Jersey Citizens Against Aircraft Noise, Toronto's Citizens Against Noise, and Vancouver Society for Soundscape Awareness and Protection -- are demanding that their legislators pay more attention to noise pollution and write laws that would more effectively protect citizens from the encroaching sounds. Participants indicated that noises disturbed them emotionally and interfered with their daily activities. That these emotions, if sustained, may lead to illness is confirmed by the growing body of studies that have linked noise and illness (Fay, 1991; Health Council of the Netherlands, 1994; Kryter, 1985; Tempest, 1985). When noises interfere with daily activities, we can assume that for such people their "quality of life" has been lessened (Bronzaft, et al. 1998). These individuals may not yet experience measurable illnesses, but a life intruded upon by repeated noises is certainly not a life of pleasure and contentment. That 40 percent of the respondents bothered by noise have complained to the authorities may indicate that more people today are speaking up in defense of their rights. This figure is considerably higher than the 20 to 23 percent cited by Brodsky and the 5 to 10 percent estimated by Berglund and Lindvall. Seeking to explain this higher figure, we look to fact that many of our respondents came to a Web site on noise, indicating more concern about the problem of noise. Furthermore, some of the individuals who had completed our survey were affiliated with anti-noise organizations. Such individuals would be more likely to feel they had the "right to peace and quiet" and as a result would be more likely to register noise complaints. This larger number of complainants added to the growing numbers of people who have joined anti-noise group signifies a recognition on the part of many citizens that something has to be done to "lower the climbing decibel level." It should be noted that music complaints outnumbered those for traffic (37.1 percent vs. 10.1 percent). Very likely people believe that authorities can do something to abate loud music but probably cannot do much to lessen the traffic sounds. New York City's three major airports overwhelm many residents with their noisy overhead jets. Yet, many of these beleaguered residents don't complain. It could be safely conjectured that this stems from a belief that no actions will be taken to lessen the noise. This also explains why anti-aircraft- noise groups, such as Sane Aviation for Everyone (SAFE) in New York City, report difficulty in recruiting members to its cause. It is interesting that only 20 percent reported actions on the part of officials that lessened or removed the noise. Thus, 80 percent of the people continued to suffer from the noises. An analysis of the complaints that have come into the New York Department of Environmental Protection over the past ten years yielded about the same percentage of complainants receiving satisfaction after that agency investigated their complaints. Thus, even when people believe that agencies can act to abate the noises, too few get relief. This is an area that calls for further investigation. That city dwellers were more bothered and, as a result, more likely to complain were expected findings. That women and older people are more bothered should be examined more closely as to the reasons. One could speculate that older people are less tolerant of noises or that with diminished heating that comes with aging, noises make it more difficult for older persons to focus on what they are trying to hear. With respect to gender http://www, lhh.org/hrq/25-1/intrusive.htm 8/14/03 Hearing Rehabilitation Quarterly Volume 25 #1 Page 7 of 12 differences, the psychological concept of field-dependent/field-independent might explain why women are more bothered by noise. Psychological studies have found that women are more field-dependent, or more tuned into their surrounding environment, while men tend to focus on what they are attending to at that time. Thus, women may find intrusive noises more disturbing. Worthy of further exploration are the findings that describe the complainants as more emotionally disturbed by the noises as well as having more activities disrupted by the noises. Were these people more sensitive to the noises? Were the noises to which they were exposed more extreme? Would any person of reasonable sensitivities, when overwhelmed by extreme noise, become more perturbed? Clearly this is an area for more research. SUMMARY As part of its Intemational Noise Awareness Day activities, the League for the Hard of hearing distributed a Community Noise Survey through its Web site and at events that held on that day. Respondents to this questionnaire identified transportation noises as the most bothersome. Urban dwellers were more disturbed by surrounding noises, and a majority of them indicated that noise interfered with sleep, talking on the telephone, work and study. Annoyed was the emotional response identified by most of the respondents but feelings such as anger, helplessness, and overwhelmed were also frequently mentioned. Forty percent of the participants had complained about the noises, and a majority of these, 62 percent, received responses to their complaints. However, in 80 percent of the cases, the noise problem was not resolved to their satisfaction. Age, gender, national, and community local differences are discussed as well as differences between complainants and non- complainants. References Berglund, B.& Lindvall, T. (Eds.) 1995. Community Noise. Stockholm, Sweden: Center for Sensory Research Borsky, P. N. (1980). Review of community response to noise. In Proceedings of the Third International Congress on Noise as a Public Health Hazard (Freiburg), ASHA Reports 10, eds. J. Tobias, G. Jansen & W. D. Ward. Rockville MD: American Speech-Language- Hearing Association. Borsky, P. N. (1969). Effects of noise on community behavior. In Proceedings of the Conference on Noise as a Public Health Hazard (Washington), ASHA Reports 4, eds. W.D. Ward and J. Fricke. Washington, D.C.: American Speech-Language-Hearing Association. Bronzaft, A. L., Ahem, K.D., McGinn, R., O'Connor, J. & Servino, B. (1998). Aircraft noise: A http://www.lhh.org/hrq/25-1/intrusive.htm 8/14/03 Hearing Rehabilitation Quarterly Volume 25/ti Page 8 of 12 potential health hazard. Environment & Behavior, 30, 101-113. Council on the Environment of New York City (1999). Survey of New York City Community Boards: Perceptions and Priorities Conceming New York City's Environment. Fay, T. H. (ed.) (1991). Noise and Health. New York: The New York Academy of Medicine Health Council of the Netherlands. (1994). Noise and Health. The Hague: Health Council of the Netherlands. Kryter, K. D. (1985) The Effects of Noise on Man. 2d ed. Orlando: Academic Press. Langdon, F. J. (1978). Monetary evaluation of nuisance from road traffic noise: An exploratory study, Planning, 10, 1015-1034. Staples, S. (1996). Human response to environmental noise: Psychological research and public policy. American Psychologist, 51, 143-150. Tempest, W. (1985) The Noise Handbook. Orlando: Academic Press U.S. Environmental Protection Agency, Office of Noise Abatement and Control (1977). The Urban Noise Survey. Washington, D. C.: EPA Zaner, A. (1991). Definition and sources of noise. In T. H. Fay (Ed.). Noise and Health. New York: The New York Academy of Medicine. Arline L. Bronzafi, Ph.D., is currently the chairperson of the New York City Council on the Environment. Elizabeth Deignan, M.A., is Senior Research Assistant and Data Manager, Research and Training Department at the League for the Hard of Hearing. Yael Bat-Chava, Ph.D., is the Director of the Research and Training Department at the League for the Hard of Hearing. Nancy B. Nadler, M.E.D., M.A., is the Director of the Noise Center at the League for the Hard of Hearing. http://www, lhh.org/hrq/25-1/intrusive.htm 8/14/03 Hearing Rehabilitation Quarterly Volume 25 #1 Page 9 of 12 TABLE 1 Specific Noises by Number of Participants Selecting Them Specific Noise N % Car or truck noise, bus breaks, taxi horns 600 92.7 Motorcycles 549 84.9 Airplanes or helicopters 548 84.7 Sirens 545 84.2 Dog barking (and other animal noises) 539 83.3 Horn honking 538 83.2 Car alarms 536 82.8 Loud music 535 82.7 City services (street sweeping, snow removal, trash removal) 515 79.6 Neighbor noises 514 79.4 Garden or lawn equipment 481 74.3 Industrial equipment or construction 480 74.2 Rowdy passersby 444 68.6 Air conditioner, ventilation, compressors 387 59.8 Loud movies 337 52.1 Recreational vehicles (snowmobiles, jet skis, dirt bikes) 265 41.0 Subways or trains 262 40.5 Restaurants 255 39.4 Bars or nightclubs 220 34.0 Recreational activities of others (gun ranges, race tracks, sports stadiums) 217 33.5 Boom cars (Included only in New Mexico questionnaire) 94 86.2 TABLE 2 http ://www.lhh.org/hrq/25-1/intrusive.htm 8/14/03 Hearing Rehabilitation Quarterly Volume 25 #1 Page 10 of 12 Degree to Which Specific Noise Was Bothersome (0 = Never; 4 = All the Time) Specific Noise M SD Car or truck noise, break noise from buses, taxi horns 2.36 1.17 Loud music 1.94 1.33 Car alarms 1.81 1.82 Sirens 1.81 1.22 Motorcycles 1.76 1.19 Hom honking 1.76 1.24 Dog barking (and other animal noises) 1.73 1.20 Airplanes or helicopters 1.63 1.08 Neighbor noises 1.61 1.23 City services (street sweeping, snow removal, trash removal) 1.49 1.09 Garden or lawn equipment 1.47 1.18 Industrial equipment or construction 1.41 1.19 Rowdy passersby 1.29 1.18 Loud movies 1.10 1.34 Air conditioner, ventilation, compressors 1.06 1.21 Subways or trains 0.87 1.27 Restaurants 0.72 1.06 Recreational vehicles (snowmobiles, jet skis, dirt bikes) 0.72 1.06 Bars or nightclubs 0.68 1.12 Recreational activities of others (gun ranges, race tracks, sports stadiums) 0.58 0.98 Boom cars (Included only in New Mexico questionnaire) 2.66 1.44 TABLE 3 http://www.lhh.org/hrq/25-1/intrusive.htm 8/14/03 Hearing Rehabilitation Quarterly Volume 25 #1 Page 11 of 12 Results of One-way Analysis of Variance of Specific Noise by Type of Community (City, Suburb, Small Town, Rural) Specific Noise F (3,584) Air conditioner, ventilation, compressors *3.67 Airplanes or helicopters **5.90 Bars or nightclubs **8.67 Car alarms **26.53 Car or truck noise, bus breaks, taxi homs **8.80 City services (street sweeping, snow removal, trash removal) ** 14.32 Dog barking (and other animal noises) 1.13 Garden or lawn equipment **5.38 Horn honking ** 19.45 Industrial equipment or construction **9.72 Loud movies 0.98 Loud music **6.46 Motorcycles *2.65 Neighbor noises 1.52 Recreational activities of others (gun ranges, race tracks, sports stadiums) 1.38 Recreational vehicles (snowmobiles, jet skis, dirt bikes) **5.26 Restaurants 1.71 Rowdy passersby *'13.32 Sirens ** 17.71 Subways or trains **6.53 Boom cars (Included only in New Mexico questionnaire) 0.30 Significant at the .05 level* http://www, lhh.org/hrq/25-1/intrusive.htm 8/14/03 Hearing Rehabilitation Quarterly Volume 25 #1 Page 12 of 12 Significant at the .01 level** LEAGUE HOME II HRQ Index II Noise Center II Links II EMail © Copyright 1996-2000 LEAGUE FOR THE HARD OF HEARING- - Updated March 9, 2000 http ://www.lhh.org/hrq/25-1/intrusive.htm 8/14/03 New Rules Project- Environment - Noise Pollution- Amplified Noise Ordinances Page 1 of 2 www.newrules.org SECTORS Amplified Noise Ordinances Reports and Other Resources What's New on the Site!! SEARCH Advanced Search The Noise Pollution Clearinghouse is the primary on-line resource for noise pollution information. Many communities have enacted laws defining maximum levels for amplified noise (similar to muffler laws for autos). City governments can amend the community noise ordinance to add these provisions, enact a whole new ordinance that includes these provisions, or enact this law to stand alone. The only real difference is the distance from the the noise source from which a violation is determined, which varies between 25 and 150 feet in most ordinances. A "plainly audible" standard has been applied in many places across the United States, and this standard has been held to be neither vague nor overbroad (State v. Ewing, 914 P.2d 549, Haw. 1996). It is also unambiguous to those it is intended to regulate. Below is a model code provided by the Noise Consultancy that covers amplified noise from stationary sources (not just cars). Following is a an actual code enacted in Nashville, Tennessee that regulates car stereo noise. Model Amplified Noise Code CODE PROVISIONS DEFINITION "Plainly audible" means any sound that can be detected by a person using his or her unaided hearing faculties. As an example, if the sound source under investigation is a portable or personal vehicular sound amplification or reproduction device, the enforcement officer need not determine the title of a song, specific words, or the artist performing the song. The detection of the rhythmic bass component of the music is sufficient to constitute a plainly audible sound. RESTRICTED USES AND ACTIVITIES (1) Personal or commercial music amplification or reproduction equipment shall not be operated in such a manner that it is http ://www.newrules.org/environment/noise-aplified.html 8/14/03 New Rules Project - Environment - Noise Pollution - Amplified Noise OrdinancesPage 2 of 2 plainly audible at a distance of 50 feet in any direction from the operator between the hours of 8:00 a.m. and 10:00 p.m. Between the hours of 10:00 p.m. and 8:00 a.m., sound from such equipment shall not be plainly audible at a distance of 25 feet in any direction from the operator. (2) Self-contained, portable, hand-held music or sound amplification or reproduction equipment shall not be operated on a public space or public right-of-way in such a manner as to be plainly audible at a distance of 50 feet in any direction from the operator between the hours of 8:00 a.m. and 10:00 p.m. Between the hours of 10:00 p.m. and 8:00 a.m., sound from such equipment shall not be plainly audible by any person other than the operator. Nashville, TN Chapter 11.12 OFFENSES AGAINST PUBLIC PEACE 11.12.070 Excessive noise--Use of televisions and radios restricted. C. No person operating or occupying a motor vehicle on any street, highway, alley, parking lot, or driveway, either public or private property, shall operate or permit the operation of any sound amplification system, including, but not limited to, any radio, tape player, compact disc player, loud speaker, or any other electrical device used for the amplification of sound from within the motor vehicle so that the sound is plainly audible at a distance of fifty or more feet from the vehicle or, in the case of a motor vehicle on private property, beyond the property line. For the purpose of this subsection, "plainly audible" means any sound which clearly can be heard, by unimpaired auditory senses based on a direct line of sight of fifty or more feet, however, words or phrases need not be discernible and said sound shall include bass reverberation. Prohibitions contained in this section shall not be applicable to emergency or public safety vehicles, vehicles owned and operated by the metropolitan government or any utility company, for sound emitted unavoidably during job-related operation, or any motor vehicle used in an authorized public activity for which a permit has been granted by the appropriate agency of the metropolitan government. More: The New Rules Project h ttp://www, newru les. org/ http://www.newrules.org/environment/noise_aplified.html 8/14/03 U.S. Department of Justice Office of Community Oriented Policing Services Problem-Oriented Guides for Police Series /I/o. 7 Loud Car Stereos by Michael S. Scott Rutgers Noise Technical Assistance Center Page 1 of 2 Rutgers Noise Technical Assistance Center ~~ ~ THE RUTGERS NOISE TECHNICAL ASSISTA of the Air and Noise Training Program in the Depar ~.)~~~. ~0~~~~at Rutgers ' The State University °f New Jersey' ..~~ ~ a~~ .... The Rutgers Noise Center has trained thousands of ,~ cr~ ~c~ Tr~no0 ~ across the United States in sound level measureme municipal noise code. The certification conferred b Enforcement, and Vehicular Noise Enforcement are recognized by courts from coast training is specifically designed to help officers to become comfortable with the tech RNTAC H om e of sound level measu evidentiary purposes Rutgcrs Noise 'l'cchn ical Assistance (]enter The RNTAC has bee over 35 years. We are c ~t~- c iot~-,c~ Technical Assistance c i~t~l-,c ~,cht.-clt~lc the United States En Office of Noise Abate l~,~'ci,t ~'~t i,,~ I or~ closure of ONAC in t St t~lcnl (i,~n~cnt, centers have closed. the country as a refer ~ '1 t ~ noise pollution issue ~N~i C\\'5. The RNTAC has serv 'l ethnical ,X,sist,tlqcc New Jersey Departm ( ;,,ntact t !s for many years; our c law for every noise e Ncxv Jersey X lodcl (3rdinalnc:c People from all over courses, as have people from Colorado, Rhode Island, Texas, New York, Washington Florida, Hawaii, Bolivia, etc., all of which recognize our certification. Recently, we ha the following cities: Jacksonville, FL; Lafayette, LA; Traverse City, MI; Honolulu, HI; As far as we know, we are the only certification program in the United States. Aside from training, in the past year alone we have assisted hundreds of individuals, townships, police departments, corporations, health departments, etc. Recently, we've helped the following cities to write and adopt noise ordinances: Long Beach, NY, Farmers Branch, TX and St. Augustine Beach, FL. We have assisted people from Idaho to Canada to New Zealand. Eric Zwerling, Director of the RNTAC is widely published in the field, most recently presenting the invited paper 'Characteristics of a Successful Local Noise Enforcement Program,' at the conference entitled: First Pan-American/Iberian Meeting on Acoustics, which was jointly sponsored by: Acoustical Society of America; the Iberoamerican Federation of Acoustics; and the Mexican Institute of Acoustics, in Cancun, Mexico, December 20002. Other recent papers include: 'Regulation of Amplified Sound Sources,' "Turning Down the Volume: Effective Strategies for Community Noise Enforcement,' 'Community Noise Enforcement: Reviving a Moribund Program or Developing One Anew,' and 'Local Noise Enforcement Options and Model Noise http://www.envsci.rutgers.edu/org/mtac/index.html 8/8/03 Rutgers Noise Technical Assistance Center Page 2 of 2 Ordinance With Pre-Approved language for the State of New Jersey.' These papers have helped impacted communities to understand that sound level mea purposes is as mature and admissible as breathalyzer and radar. We have we presented invited papers at conferences for: American Association of Co Society of America, New York State Association of Towns; Institute of Noise Control Association of Municipal Attorneys; International Municipal Lawyers Association, a League. Our presentations have titles such as 'Effective Strategies for Community No Bolts of Writing a Noise Ordinance.~ COURSES ARE OFFERED QUARTERLY AT RUTGERS UN CUSTOMIZED ON-SITE COURSES ARE AVAILAB FOR MORE INFORMATION CONTACT: Eric M. Zwerling, Director Rutgers Noise Technical Assistance Center Department of Environmental Sciences 14 College Farm Road New Brunswick, NJ 08901 USA PHONE: ( FAX: (732) 932-8644 e-mail Zwerling@envsci.rutgers.edu Phone calls bring the fastest response. The RNTAC operates within the Rutgers Air and Noise Training Programs whi Dr. Barbara J. Turpin, Associate Professor, Department of Environ & Air Quality Specialist, Rutgers Cooperative Extensi http://www.envsci.rutgers.edu/org/mtac/index.html 8/8/03 AGENDA SUMMARY REPORT Item No. 8c Date: August 20, 2003 SUBJECT: APPROVAL OF LETTER OF SUPPORT FOR THE LEGENDS OF THE REDWOODS EVENT In 1927 and 1928 the Redwood Empire Association (REA) co-created a running race from San Francisco to Grants Pass, Oregon to promote the Redwood Highway. Cities, counties, chambers of commerce, and businesses sponsored one or more Native American runners to compete in the race (26 started in 1927 and 29 started in 1928). A re-creation ofthe run is being planned for late September/early October 2004 and local participation is being solicited. Creek Productions, the Sports and Events Marketing class at Seattle's Chief Sealth High School, has conducted extensive research regarding the historical event and initiated the idea for a new marathon to benefit the California Indian Museum & Cultural Center. The Marathon is actually the final portion of "The Event" which will include transport of a Native American Ceremonial Carving from British Columbia to San Francisco and grand opening night concert and seminars coinciding with California Indian History Week. Teams from 15 high schools will each run a 32 mile segment of the 480 mile route, close to their home towns, with the fastest five times being award winners. Two segments (approximately 64 miles) will be run each day with each overnight destination hosting special events/activities/accommodations in conjunction with the long run. Ukiah/Willits has been identified as the fourth overnight location as noted in the projected schedule. The original marathon had runners from 15 Native American tribes and thus the rationale for the 15 high school teams. Each high school will research the original runner and tribe as part of the year's educational preparation for the event. REA and the Mendocino County Alliance are spearheading the event in Mendocino County and since Ukiah was one of the initial sponsoring entities, the City has been approached to participate again. It is a tremendous opportunity for city promotion, tourism, historical education, and community involvement. (Continued on page 2) RECOMMENDED ACTION: Approve Letter Of Support For Legends Of The Redwood Event. ALTERNATIVE COUNCIL POLICY OPTIONS: Determine participation is not desired and take no action. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachment: N/A N/A Michael F. Harris, Risk Manager/Budget Officer Candace Horsley, City Manager 1. Letter of Support, page 1; 2. Legends of the Redwoods Event information, pages 2-13; 3. Chief Sealth High School class information, pages 14-15. APPROVED' ~ t_.~,~~ Candace Horsley, C anager APPROVAL OF LETTER OF SUPPORT FOR THE LEGENDS OF THE REDWOODS MARATHON August 20, 2003 Page 2 The enthusiasm has already taken hold in several of the communities along the route who were part of the original races. Documentary television and print media from several perspectives have demonstrated significant interest and willingness to contribute to the event. Though much of the support can be provided by in-kind services or products, each "sponsoring" entity is being requested to pledge approximately $6,000 for hard costs. These funds can be from any source, but at this time the governmental entities are viewed as the most visible and reliable starting point. To proceed with project planning, a letter of support is requested by September 15 (verbal commitment by September 1 ). Financial commitments are: $1,000 payments by October 1 and January 1, and $2,000 payments by June 1 and August 15. Staff will pursue donations or other financial assistance from the community if the City Council wishes to participate in this function. Staff believes this is an exceptional opportunity for a significant community effort within an historic and economic context. Those who attended the August 6 informational meeting, including representatives of the High School, business community, Chamber of Commerce, and County, were quite excited about the project and appeared ready to provide resources in an effort to make this happening a success. The letter of support will identify the City's commitment and will serve as a catalyst for greater community participation. Staff recommends the City Council approve the letter of support and endorse the Legends of the Redwoods Event. mfh:asrcc03 0820RedwoodMar August 21, 2003 Mr. Gary Thomsen C/O Creek Productions 7205 Wright Ave SW Seattle, WA 98136 Dear Mr. Thomsen, On behalf of the Ukiah City Council it is a pleasure to submit this letter of support for the Legends of the Redwoods event being produced by Creek Productions, a high school class from Seattle's Chief Sealth High School. The City Council considered this project and its positive impact on our community at its August 20, 2003 meeting and affirmatively pledged active participation in the event. The Council recognizes the important historical implications of this event and also the educational opportunities it will afford all students who participate. It is a unique venture and we look forward to working with you to make it the success it appears destined to be. You and your students are to be commended for the dedicated research and innovative thinking which have gone into the project already. The lead contact for the City will be City Manager, Candace Horsley. We anticipate this next year will be a busy one and trust the outcome will be beneficial to all along the Redwood Highway. Sincerely, Eric Larson Mayor mfh:letters03 0821 RedwoodsLegends 300 SEMINARY AVENUE UKIAH, CA 95482-5400 Phone# 707/463-6200 Fax'# 707/463-6204 Web Address: www.cityofukiah.com CREEK PRODUCTIONS Legends of The Redwoods "We had no automobiles, we had no telephones, they were not yet a part of our culture. We had only our legs to carry messages that were important to our people." Charlie Talawepi Overview In 1926, US Highway 199 was commissioned to be constructed between Crescent City, California and Grants Pass, Oregon, thereby connecting Grants Pass with the famous Redwood Highway (101) which ran north from San Francisco. Eager to promote travel along the Redwood Highway, The Redwood Empire Association in San Francisco and The Caveman Association of Grants Pass (forerunner of the Grants Pass Chamber of Commerce) created an idea to generate publicity on the region and to encourage tourism. Their idea - to stage a marathon from San Francisco to Grants Pass, 480 miles, the "longest race of its kind in history." The first Redwoods Marathon occurred in 1927, the second, and last, in 1928. Given the length and difficulty of the event the participants were all Native Americans, a people that historically had integrated running into their culture. The 1927 event was won by a 23 year old Karuk named Mad Bull with a winning time of 7 days, 12 hours and 34 minutes. In the 1928 event the second place finisher was a 62 year old Zuni who had run from northern New Mexico to San Francisco just to enter the race. Two events, two very remarkable feats. The Beneficiary The California Indian Museum & Cultural Center Join Creek Productions in this effort to celebrate and save a piece of history. The Redwoods Marathon, run in 1927 and 1928, from San Francisco to Grants Pass, Oregon, stands as one of the great athletic feats of this century. Through this 501 (C3), all proceeds from Legends of The Redwoods will go directly to support the Californian Indian Museum & Cultural Center as it strives to recognize and preserve the contributions and historical achievements of California Indian Tribes. The Event Pre Coastal Run Beginning seven days prior to the Grand Opening Event, a Ceremonial Carving will be transported, via ocean canoe, across the Strait of Juan de Fuca by Haida Indians on the initial leg of its trip to San Francisco. Upon reaching the Washington coast, the Ceremonial Carving will be carried on foot 1,040 miles to San Francisco by 15 Native American Tribes, passing it off from Tribe to Tribe over the course of seven days. A Tribal ceremony will accompany each passing of the Carving. Grand Opening Night The Grand Opening event will feature an opening night concert by a major entertainer. The delivery of the Ceremonial Carving will signal the start of the fireworks show and the beginning of the concert. Grand Opening Seminars Two days of educational seminars will follow the concert. Featuring nationally recognized writers and lecturers, this two day event will be promoted to schools and universities throughout the United States, Canada, Europe and Asia, and will be the largest educational seminar ever devoted to Native American History and Culture. Redwood Highway Marathon Re-creation: Fifteen High Schools from San Francisco to Grants Pass, Oregon (each school honoring one of the original participating tribes) will compete in a re-creation of the historic Redwoods Marathon by running a 32 mile segment beginning in San Francisco and concluding in Grants Pass, Oregon. ~' Each school selects a 10 member team. > Each team must have a minimum of 1 runner on the course at all times. ~' Monetary prizes will be awarded to teams that run the top 5 fastest segment times. Event Schedule September 17, 2004 September 24, 2004 September 25, 2004 September 26, 2004 October 2, 2004 Departure of a ceremonial baton from Victoria, British Columbia. The Pre-Coastal Event will arrive in San Francisco as part of the Grand Opening Ceremonies. California Indian History Week September 25 - October 2, 2004 As part of California Indian Day, educational seminars will be held focusing on Indian culture, traditions, and the many contributions made by Indians to American life. The Marathon re-creation departs from City Hall, San Francisco. Cities along the route can create local events honoring the Marathon as part of California Indian History Week. The Marathon concludes in Grants Pass, Oregon. -'4- City Participation 15 Featured Cities Fifteen Cities in Northern California and Southwestern Oregon will be selected to participate in the Event. City selection will be determined by the following: 1. Historical attachment to the 1927 / 28 Redwoods Marathon. 2. A willingness to participate. 3. The ability to form a local Event Committee. 4. A commitment from the local High School / School District to participate. The participating cities will receive: 1. Inclusion in the 60 minute Historical Documentary on the Redwoods Marathon and re-creation. 2. National and international media exposure. 3. The option to have a 15 minute promotional video on the city and surrounding area. 4. The opportunity to create a series of local events in and around the Marathon Week. Projected Schedule Day Miles Cumulative # Schools Overnight Miles 1 Sunday 64 64 2 schools 2 Monday 64 128 2 schools 3 Tuesday 64 192 2 schools 4 Wednesday 64 256 2 schools 5 Thursday 64 320 2 schools 6 Friday 64 384 2 schools 7 Saturday. 96 480 3 schools Windsor / Petaluma Napa Santa Rosa / Lakeport / Clearlake Ukiah / Willits Eureka / Arcata Crescent City Grants Pass School Participation Research / Participation 1. Fifteen High Schools, one from each of the featured cities, will participate in the Marathon re-creation. 2. Each High School will represent not only the city, but the runner and tribe that the city originally sponsored. 3. Schools will conduct research during the 2003 / 2004 school year on the tribe, local participation in the original marathons and local history. This collective research will be incorporated into the documentary and turned over to the California Indian Museum in Santa Rosa, California upon completion of the Event. 4. Participating schools will have the opportunity to use the Event as a fundraiser for their school / District. Proposed Team Prizes / Awards Prizes will be awarded to the top 5 teams, based on segment times. 1st Place 2nd Place 3rd Place 4th Place Sth Place 6th _ 15th $10,000 $ 5,000 Gift Certificate Commemorative Trophy $5,000 $2,500 Girl Certificate Commemorative Trophy $2,000 $1,500 Gift Certificate Commemorative Trophy $7,500 Gift Certificate Commemorative Trophy $5,000 Gift Certificate Commemorative Trophy Place Commemorative Plaque Proposed Individual Prizes / Awards Fastest Individual Mile ~ $ 500 > $1,000 Gift Certificate Fastest Individual 2 Mile ~ $ 500 > $1,000 Gift Certificate Fastest Individual 3 Mile ~' $ 500 ~' $1,000 Gift Certificate Fastest Individual 4 Mile ~' $ 500 ~' $1,000 Gift Certificate Fastest Individual 5 Mile ~ $ 500 >' $1,000 Gift Certificate CREEK PRODUCTIONS Media Coverage To Date- Seattle Times Seattle PI Bremerton Sun Chicago News Tribune Nightline ABC News NBC News CNN FOX Television KING Television - Seattle KIRO Television - Seattle KOMO Television - Seattle Canadian Broadcasting Network ESPN Channel 1 Creek Productions is a pilot program in the Seattle Public School District 7205 Wright Ave. SW, Seattle, WA 98136 (206) 252-8598, FAX (206) 252-8551 Legends of The Redwoods City Participation Commitment By September 1, 2003 1. Verbal commitment from cities to participate. 2. Commitment from local High School. By September 15,2003 1. Letter proclaiming participation from the Mayor or City Council. 2. Letter proclaiming participation from School District / High School. 3. Begin creating a community wide Event Committee. Payment Schedule: $1,000 by October 1, 2003. $1,000 by January 1, 2004 $2,000 by June 1, 2004 $2,000 by August 15, 2004 The California Indian Museum & Cultural Center will act as the fiscal agent for the Event. Make Checks payable to: The California Indian Museum & Cultural Center/Legends of The Redwoods. 5250 Aero Drive Santa Rosa, CA 95403 Original Sponsor Runner Tribe Golden Gate Ferry Company Oscar Sheeka Zuni San Francisco The Supervisors Andrew Chimoney Zuni San Francisco Marin County Chamber Jamon Zuni Sonoma County Fish and Game Eddie Valderine Washoe George Proctor Chochee Zuni Santa Rosa Santa Rosa (Sonoma County) Zuni Cloverdale "Chief Geyser" J. E. Beard (Napa County) Lutci Zuni Healdsburg Chamber of Comm. Manuel C. Cordova Dry Creek Healdsburg "Humming Bird" iLake County Hotel Resort Assn. Lawerence Albino Pomo Lakeport Ukiah Chamber of Commerce Joe Meyers Pomo Ukiah "Chief Ukiah" Bill Whitney Melika (62 years old) Zuni Willits Redwood Rodeo Joe La Fountain Howenwolt Humbolt County "Bad Land Charlie" Humboldt County Cornelius Matt Yurok Blue Lake Eureka Chamber of Commerce Urban Chase Hoopa Eureka "Flying Arrow" Pakard Sales and Service Elder Barney Karuk Arcata "Thunder Cloud" Arcata Chamber of Commerce Jasper Grant Rogue River ,Arcata "White Horse" Klamath River Chamber Samuel Howard Karuk Klamath "Eagle Chief" Klamath River Chamber Walter McCovey Klamath Klamath "Klamath" Original Sponsor Runner Tribe Citizens of Requa James Donelly Klamath Crescent City "Requa Silver Wings" Crescent City American Edward Green Escholet (H. F. Griffin) ~ Crescent City Crescent City Chamber Elmer Whipple Smith River Crescent City Grants Pass Cavemen John Wesley Southard Karuk Grants Pass "Mad Bull" Grants Pass Cavemen Henry Thomas Jr. Karuk Grants Pass "Flying Cloud" Withycombe Amer Legion Post 11 Ray Van Pelt Klamath Salem Plumas County Chamber Seymour Smith Maidu Quincy California :Navajo Tribes Frank Chavez Navajo "Red Robin" CREEK PRODUCTIONS Mission Statement- To Create a unique, real world and l~roject-based educational opportunity for at-risk learners and academically accelerated Chief Sealth students. Projects will utilize inl~ut from the local community and re-involve neighborhoods in schools to benefit students and community. Class History- In 1996, teacher Gary Thomsen created a pilot Sports & Events Marketing program to provide a site-based marketing resource for Chief Sealth High School and its students. In its first year the class created Creek Productions, a registered Production Company, owned and operated by students in the class. Located in Seattle, Washington, Chief Sealth High School is comprised of twenty-two ethnic groups, making it the most diverse high school Washington State. Seventy-six percent of students are on free or reduced lunch. Creek Productions immerses an academic, economic and ethnically diverse group of students in challenging educational opportunities. Students who excel in Thomsen's classes are invited to join Creek Productions, a seventh period class, and begin working for $8.00 an hour after school. Students have input on salaries, bonuses, and participation requirements. Students conduct research, create budgets, write proposals, grants and sponsorship packages and produce the project or event. The goals of the class are to: 1. Make education relevant to students by creating "real world" projects and providing students with job ready skills. 2. Incorporate the Essential Learning Requirements of Education into creative curricula and programs. 3. Attract students to Chief Sealth and Seattle Public Schools by creating events and programs that generate positive exposure. 4. Develop events and programs that create non-traditional revenue streams for the school and generate jobs for Chief S ealth students through project related involvement. A volunteer Board of Directors and Advisory Board work together to facilitate Creek Productions mission statement and to plan and market each project. Members represent city government, business, school, the local neighborhood and human services. Creek Productions is a pilot program in the Seattle Public School District 7205 Wright Ave. SW, Seattle, WA 98136 (206) 252-8598, FAX (206) 252-8551 CREEK PRODUCTIONS All projects are produced by students in Chief Sealth High School's Sports and Events Marketing or Television Production class. Diversity of Students 15% Pacific Islander 20% South East Asian 30% African American 35% White Quick Facts Students who go on to college: 85% Funding: 60% Grants, 40% Sponsorships Wage range: $8.00 - $15.00 Students working over summer of 2003:6 Date Project 2003-2004 2003 2002-2003 2002-2003 2002-2003 2002-2003 2002 2001 1999-2000 1999-2000 1998 1997-1998 Legends of The Redwoods Washington Trout Diaries of Westwood Diaries of West Seattle Diaries of Delridge Diaries of Lake Chelan Diaries of Bremerton Diaries of High Point Legends of The Road Art Wolfe, Wild By Nature Ride For Dreams Martin Luther King Essay 1997 Skate America Purpose Historical Documentary / Re-creation of the Redwoods Marathon Living History Living History Living History Living History Living History Living History Documentary Documentary Documentary Documentary / Promotional video / Promotional video Living History Documentary Historical research / Re-creation Event for the Negro Leagues Baseball Museum Research Fundraising event to buy books for underprivileged students. District wide student Essay Contest Centerpiece event in President Clinton's America Goes Back to School Initiative Budget $125,000 $2,500 $5,OOO $10,000 $15,000 $7,000 $7,000 $15,000 $85,000 $2,500 $12,500 $15,000 $55,OOO Recognition 2003 Youth Award, Association of King County Historical Organizations for "The Diaries Project" 2002 Hand in Hand- Generations United, Association of King County Historical Organizations for the "West Seattle Peace Festival" 2001 Best Special Event Award - Under $100, 000, King County Event Producers for "Legends of the Road" 2000 USSA Sports Event of the Year Award, The United States Sports Academy for "Legends of the Road" 1999 Letter of Commendation, United States President Bill Clinton for "Legends of the Road" 1999 Letter of Commendation, Washington Governor Gary Locke for "Legends of the Road" 1998 Letter of Commendation, United States Senator Patty Murray for "Ride for Dreams" 1997 Letter of Commendation, United States President Bill Clinton for "Skate America" Creek Productions is a pilot program in the Seattle Public School District 7205 Wright Ave. SW, Seattle, WA 98136 (206) 252-8598, FAX (206) 252-8551 AGENDA 1TEM NO: 8d MEETING DATE: Auqust 20, 2003 SUMMARY REPORT SUB3ECT: CONS]:DERAT]:ON OF C]:TY CLERK'S POS]:T]:ON City Clerk Marie Ulvila has informed the City that she and her husband have made an offer on a property in Lake County, which is now in escrow. The City Clerk, as an elected position, is required to live within the city limits. Marie is planning to move to Lake County by September 15th' at which time she is required to resign her position. As an elected official, Marie Ulvila's four-year term will be completed in November 2004. At this time, staff is requesting Council's consideration of several options for filling the unexpired term of the City Clerk. Council has the option of either requesting a special election to fill the City Clerk's position, or appointing a person to fill the unexpired term. In the past, the City has appointed a competent individual to fill the City Clerk's position until the next scheduled election is held. Since there is only one year remaining in the City Clerk's term and the training period for City Clerk's duties takes approximately five to seven months, staff is requesting that the Council consider appointing Marie Ulvila as a Deputy City Clerk, and appointing the Finance Director, a current city resident, as City Clerk to fill out the remaining year of Ms. Ulvila's term. The Deputy City Clerk would assist in fulfilling the actual duties and responsibilities that are required of the City Clerk's office until the November 2004 election. (Continued on page 2) RECOHMENDED ACT]:ON: Provide direction regarding filling the position of City Clerk due to the impending move of the current City Clerk. ALTERNAT]:VE COUNC]:L POLICY OPT]:ONS: Provide alternative direction to staff. Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Candace Horsley, City Manager City Clerk Ulvila; Finance Director Elton None Approved: Candace Horsley, Ci~~anager Council may also wish to discuss the possibility of once again placing a ballot measure on the next election in March regarding the elected City Clerk's position. Previously, the Council had placed the question of an elected versus appointed City Clerk on the ballot. Council's action was based on concerns that qualified candidates with the appropriate skill level required to meet the growing complexity of the duties and increasing state mandates may not be addressed in the electoral process. If the person who is elected as City Clerk has few secretarial skills, the duties may fall on the current City staff or an additional person will need to be hired to fulfill the responsibilities and duties required of the job. In recent years it has been a trend State-wide to go to appointed City Clerks for these reasons with 3 to 5 cities per year receiving approval from the voters. Several years ago, the City revised the City Treasurer position for many of the same reasons and divided the duties among the Treasurer, staff, and an investment firm, which has had excellent success. We have been fortunate in that Marie Ulvila possessed the necessary skills and qualifications, and has been an excellent City Clerk during her last two terms. Due to the short period of time remaining in the City Clerk's current term and to ensure continuity of services, staff is requesting Council's direction. Item No. 8e Date: August 20, 2003 AGENDA SUMMARY REPORT SUBJECT: VERIFICATION OF LEAGUE OF CITIES VOTING DELEGATES AND CONSIDERATION/DIRECTION REGARDING ANNUAL LEAGUE CONFERENCE RESOLUTIONS At its May 7 meeting the City Council selected Councilmember Rodin as the voting delegate and Councilmember Andersen as the alternate for the League of California Cities Special Session. The Annual League Conference is scheduled for September 7-10 in Sacramento and the status of the delegates should be verified to insure proper representation. Also, the League of Cities has transmitted its draft resolution packet for City Council discussion and direction to its League representatives for the Annual Conference. This year there are only two resolutions, one of which proposes changes to the League's Bylaws. The Bylaw changes (see page 2 of League packet) appear to Staff to be mostly administrative and/or attempts to streamline or increase efficiency in the League's processes. The other resolution deals with Federal legislation impacting the desert areas of Southern California. It has been standard annual practice for the entire Council to review the resolutions and provide guidance to the voting delegates as to its position relevant to each proposal. RECOMMENDED ACTIONS: 1. Verify that Councilmember Rodin will be the voting delegate and Councilmember Andersen will be the alternate for the Annual League of California Cities Conference. 2. Discuss And Advise City's Delegates As To Direction For Voting Regarding 2003 League Of Cities Annual Conference Resolutions. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Identify other Councilmembers as voting delegate or alternate in the event either Councilmember Rodin or Councilmember Andersen cannot attend the Conference. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachment: N/A N/A ~ Michael F. Harris, Risk Manager/Budget Officer Candace Horsley, City Manager 1. Excerpt of May 7, 2003 City Council meeting minutes, page 1; 2. LEAGUE OF CALIFORNIA CITIES 2003 ANNUAL CONFERENCE MEETING NOTICE AND RESOLUTIONS PACKET, pages i-33. APPROVED:~~~~_ mfh:asrc¢03 Candace Horsley, City Malger 0820LeagueResos 10. NEW BUSINESS 10c. Selection of Leaque of California Cities Votin.q Dele¢lates (3a-256) ' City Manager Horsley advised that in preparation for the upcoming League of California Cities General Session, the City Council is required to select two voting delegates. Councilmembers Rodin and Andersen advised that they plan to attend the meeting. Mayor Larson noted that he might attend, although he was unsure at this time. It was the consensus of Council, by an unanimous voice vote, that Councilmember Rodin be selected as the voting delegate and Councilmember Andersen as the alternate, and that if another Councilmember attends, they would be considered the l..second alternate delegate. 10. NEW BUSINESS 10d. Review and Possible Approval of Letter From City Council to Senator Dunn Regarding Senate Bill 888-Councilmember Smith (3a-339) Public Utilities Director Barnes explained that Councilmember Smith has requested that the Council consider sending a letter of support to Senator Dunn relative to his introduction of SB 888 that would repeal a majority of the provisions under AB 1890. AB 1890 brought electric deregulation to the state of California and opened up the electric utility territories to competition, direct access, forced a sale of the majority of the generation to outside entities that were no longer regulated by the CPUC, and forced market rates on California rather than cost base rates. A big part of this bill would reestablish a utilities' obligation to serve customers and eliminate the direct access from outside entities into a utility district to serve customers. Councilmember Smith advised that the Senate Energy Committee approved the SB 888 yesterday. Besides sending this letter to Senator Dunn, he requested that a copy be provided to Senator Chesbro. Karen Poplawski, 612 Walnut Ave., voiced her supported of sending the letter. Mayor Larson recommended that besides the Mayor, Councilmember Smith should also sign the letter because he represents the City Council regarding these types of matters. MIS Smith/Andersen approving draft letter to Senators Dunn and Chesbro regarding SB 888 and authorizing Mayor Larson and Councilmember Smith to sign the letter, carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. 10e. (f.) Approved Lease Renewal With CALSTAR For a Portion of the Ukiah Regional Airport Propertv (3a-448) Community Services Director DeKnoblough explained that the lease with CALSTAR began five years ago. · - t-- Regular City Council Meeting May 7, 2003 Page 11 of 16 July 30, 2003 To: MAYORS AND CITY MANAGERS MEMBERS OF THE LEAGUE BOARD OF DIRECTORS MEMBERS OF LEAGUE POLICY COMMITTEES MEMBERS OF GENERAL RESOLUTIONS COMMITTEE RE: TRANSMITTAL OF LEAGUE OF CALIFORNIA CITIES 2003 ANNUAL CONFERENCE MEETING NOTICE AND RESOLUTIONS PACKET The League of California Cities' Annual Conference will occur on September 7-10 at the Sacramento Convention Center. Registration information has been previously sent to the city and is available at www.cacities.org. Note to City Managers and City Clerks: Please immediately distribute this packet to the mayor and to other city officials planning to attend the 2003 Annual Conference. If additional copies are required, we urge you to reproduce them in your city or print a copy from the League's CITYLINK Website (http://www.cacities.orq/2003resolutions). Additional copies are not available from the League, but a limited number will be available at the Conference. At the Conference, two policy committees, the General Resolutions Committee and the League's General Assembly will consider the two resolutions, one of which would amend the League's bylaws. This proposed amendment relates to special meetings, membership resolutions, voting, quorums, division bylaws and membership, officer election timing and the bylaws amendment process. This packet contains information relating to the Annual Conference decision-making process: I. II. III. IV. V. VI. Information and Procedures Guidelines for Annual Conference Resolutions Location of Meetings Membership of General Resolutions Committee History of Resolutions Annual Conference Resolutions - Summary of Changes and Redline Version of Bylaws, Resolution #1 - Background Information, Resolution #2 Please Bring This Packet With You to the Annual Conference --- September 7-10, 2003 -- Sacramento Convention Center --~ INFORMATION AND PROCEDURES RESOLUTIONS CONTAINED IN THIS PACKET. The League bylaws provide that resolutions shall be referred by the president to an appropriate policy committee for review and recommendation. Resolutions with committee recommendations shall then be referred to the General Resolutions Committee at the annual conference. This year, two resolutions have been introduced for consideration by the annual conference. One has been referred to the League's Environmental Quality Policy Committee and the other, a bylaws amendment, has been referred to the Administrative Services Policy Committee. BOTH POLICY COMMITrEES will meet at the annual conference on Sunday, September 7, 2003, 1:30-3:30 p.m., Sacramento Convention Center. The sponsors of both resolutions were notified of the time and location of the meeting. After resolutions are reviewed, recommendations will be made to the General Resolutions Committee. THE GENERAL RESOLUTIONS COMMITTEE will meet at 10:15 a.m. on Tuesday, September 9, 2003, at the Sacramento Convention Center, rooms 315-316, to consider the reports of the policy committees. This committee includes one representative from each of the League's regional divisions, functional departments, and standing policy committees, as well as additional city officials appointed by the League president. THE GENERAL ASSEMBLY will convene at 10:00 a.m. on Wednesday, September 10, during the Annual Business Meeting in the Sacramento Convention Center to consider the report of the General Resolutions Committee. Resolutions considered by the General Assembly will retain the numbers assigned to them in this document. INITIATIVE RESOLUTIONS. For those issues that develop after the normal 60-day deadline, a resolution may be introduced with a petition signed by designated voting delegates of 10 percent of all member cities (48 valid signatures required) and presented to the Voting Delegates Desk no later than 24 hours prior to the time set for convening the Annual Business Session of the General Assembly. This year, the deadline is 10:00 a.m., Tuesday, September 9. If the parliamentarian finds that a petitioned resolution is substantially similar in substance to a resolution already under consideration, the petitioned resolution will be disqualified. Resolutions can be viewed on the League's website: http://www, cacities.or,q/2003resolutions. Any questions concerning the resolutions procedure should be directed to Linda Hicks in the Sacramento League office at Ihicks~cacities.orq or (916) 658-8224. John Russo, President League of California Cities City Attorney, Oakland II. GUIDELINES FOR ANNUAL CONFERENCE RESOLUTIONS Policy development is a vital and ongoing process within the League. The principal means for deciding policy on the important issues facing cities and the League is through the standing policy committees and the board of directors. The process allows for timely consideration of issues in a changing environment and assures city officials the opportunity to both initiate and influence policy decisions. This influence may be exercised directly through participation as a policy committee member or as a city official visiting a committee meeting to advance a position on an issue under the committee's purview. If committee membership or personal attendance is not feasible, city officials may affect policy decisions indirectly through department or division representatives on the policy committees or the board of directors. Annual conference resolutions constitute an additional process for developing League policies. It is recommended that resolutions adhere to the following criteria. Guidelines for Annual Conference Resolutions . Only issues that have a direct bearing on municipal affairs should be considered or adopted at the Annual Conference. 2. The issue is not of a purely local or regional concern. 3. The recommended policy should not simply restate existing League policy. 4. The resolution should be directed at achieving one of the following objectives: (a) Focus public or media attention on an issue of major importance to cities. (b) Establish a new direction for League policy by establishing general principals around which more detailed policies may be developed by policy committees and the Board of Directors. (c) Consider important issues not adequately addressed by the policy committees and Board of Directors. (d) Amend the League bylaws. iii III. LOCATION OF MEETINGS Policy Committee Meetings Sunday, September 7, 2003 Sacramento Convention Center 1400 J Street Sacramento, CA 95814 NOTE: *Only the Administrative Services and Environmental Quality Policy Committees have resolutions to consider. Some of the remaining policy committees may be meeting to discuss other issues not related to resolutions. Thus, meeting times for all committees are listed below. 11:30 a.m. - 1:30 p.m. · Community Services · Employee Relations · Revenue and Taxation · Public Safety- CANCELLED 1:30 p.m.- 3:30 p.m. · Administrative Services* · Environmental Quality* · Housing, Community & Econ. Dev. · Transportation, Communication & Public Works - CANCELLED General Resolutions Committee Tuesday, September 9, 2003, 10:15 a.m., Rooms 315-316 Sacramento Convention Center 1400 J Street General Assembly at the Annual Business Meeting Wednesday, September 10, 2003, 10:00 a.m. Sacramento Convention Center 1400 J Street IV. League of California Cities 2003 GENERAL RESOLUTIONS COMMITTEE Annual Conference - Sacramento Convention Center, September 7- 10, 2003 (Committee Meeting: September 9, 2003, 10:15 a.m., Rooms 315-316) Chair: Pat Eklund, Mayor Pro Tem, Novato Vice Chair: Anthony Portantino, Council Member, La Canada Flintridge Parliamentarian: Aden Gregorio, Mediator, San Francisco Harry Armstrong, Council Member, Clovis Ed Balico, Mayor, Hercules Vince Bertoni, Planning Mgr., Santa Clarita Sherrie Blackmun, Mayor, Colfax Bill Bogaard, Mayor, Pasadena Tony Bruscia, Vice Mayor, Hollister Carolyn Cavecche, Mayor Pro Tem, Orange Steven Cho, Council Member, Fremont Alberta Christy, Council Member, Santa Ana Tom Cooke, Council Member, Fortuna Pat Dando, Vice Mayor, San Jose Patty Davis, Council Member, Chula Vista Lorraine Dietrich, Council Member, Livermore David Doolittle, Council Member, Yuba City lya Falcone, Council Member, Santa Barbara Joe Fernekes, Council Member, So. San Francisco Terry Henderson, Council Member, La Quinta Susan Hitchcock, Mayor, Lodi Erling Horn, Vice Mayor, Lafayette Peter Jukusky, Mayor Pro Tem, Williams Barbara Kerr, Council Member, Alameda Craig Labadie, City Attorney, Concord Anita Lawrence, Finance Director, Camarillo Robin Lowe, Council Member, Hemet Jim Madaffer, Council Member, San Diego Thomas Martin, Council Member, Maywood Judy Mitchell, Mayor Pro Tem, Rolling Hills Estates Rudy Natoli, Mayor Pro Tem, Pismo Beach Dale Pfeiffer, Director of Public Works, Vacaville Don Rogers, Parks, Rec. & CS Director, Culver City Betty Sampson, Council Member, Imperial Cam Sanchez, Police Chief, Santa Barbara Dan Secord, M.D., Mayor Pro Tem, Santa Barbara Ray Silver, City Administrator, Huntington Beach Ken Slavens, Mayor, St. Helena Russell Tingley, Fire Chief, Hermosa Beach Joe Vasquez, Mayor, Rosemead Gail Vasquez-Connolly, City Clerk, Norwalk Rita Vogler, Council Member, Hesperia Billy Wallen, Vice Mayor, Turlock Nettle Washington, Council Member, Tulare Edward J. Wilson, Council Member, Signal Hill Kurt Wilson, Council Member, Rialto Mayna Winter, Council Member, Imperial Beach Gordon Youngs, Personnel Director, Brea Vi HISTORY OF RESOLUTIONS Resolutions have been grouped by policy committees to which they have been assigned. KEY TO REVIEWING BODIES KEY TO ACTIONS TAKEN 1. Policy Committee 2. General Resolutions Committee 3. General Assembly A_ D_ N_ R_ Action Footnotes a- * Subject matter covered in another resolution Aa - ** Policy Committee will make final recommendation at October 2nd meeting Ra- *** Existing League policy **** Local authority presently exists Aaa - Raa - Da- Ne- W Approve Disapprove No Action Refer to appropriate policy committee for study Amend Approve as amended Approve with additional amendment(s) Amend and refer as amended to appropriate policy committee for study Additional amendments and refer Amend (for clarity or brevity) and Disapprove Amend (for clarity or brevity) and take No Action Withdrawn by Sponsor [Procedural Note: Resolutions that are approved by the General Resolutions Committee, as well as all qualified petitioned resolutions, are reported to the floor of the General Assembly. At the 1998 Annual Conference, the League General Assembly approved Resolution #2, which established a procedure to give the General Assembly the additional opportunity to consider any resolutions approved by League policy committees but not approved by the General Resolutions Committee. Following the adoption of Resolution #2-1998, League policy now provides that: Every resolution initially recommended for approval and adoption by all the League policy committees to which the resolution is assigned, but subsequently recommended for disapproval, referral or no action by the General Resolutions Committee, shall then be placed on a consent agenda for consideration by the General Assembly. The consent agenda shall include a brief description of the bases for the recommendations by both the policy committee(s) and General Resolutions Committee, as well as the recommended action by each. Any voting delegate may make a motion to pull a resolution from the consent agenda in order to request the opportunity to fully debate the resolution. If, upon a majority vote of the General Assembly, the request for debate is approved, the General Assembly shall have the opportunity to debate and subsequently vote on the resolution.] vi Number Key Word Index Reviewing Body Action I 1 I 2 I 3 I I - Policy Committee Recommendation to General Resolutions Committee 2 - General Resolutions Committee 3 - General Assembly ADMINISTRATIVE SERVICES POLICY COMMITTEE 1 2 Amending Bylaws of League of California Cities Regarding Special Meetings, Membership Resolutions, Voting, Quorums, Division Bylaws and Membership, Officer Election Timing and the Bylaws Amendment Process. ENVIRONMENTAL QUALITY POLICY COMMITTEE 1 2 2. I Resolution Relating to Proposed Federal Legislation to Expand Wilderness and Wild and Scenic River Designations. NO RESOLUTIONS WERE ASSIGNED TO THE FOLLOWING POLICY COMMITTEES: Community Services Employee Relations Housing, Community and Economic Development Public Safety Revenue and Taxation Transportation, Communication and Public Works RESOLUTIONS INITIATED BY PETITION General Resolutions Committee Recommendation General Assembly Action vii VI. 2003 ANNUAL CONFERENCE RESOLUTIONS Resolution Referred To Administrative Services Policy Committee 1. RESOLUTION AMENDING BYLAWS OF THE LEAGUE OF CALIFORNIA CITIES Source: Board of Directors Referred to: Administrative Services Policy Committee Recommendation to General Resolutions Committee: (Note: Adoption of amendments of the League bylaws requires a two-thirds vote of the General Assembly.) WHEREAS, in May, the League held what is believed to be its first-ever "special" membership meeting; and WHEREAS, the League's bylaws provide for special meetings, but include scant procedural direction for such meetings; and WHEREAS, the board of directors adopted policies to fill the gaps for May's special membership meeting, and requested that the bylaws be reviewed with respect to these issues as well as issues of voting thresholds; and WHEREAS, the League's regional divisions have generally been placing greater emphasis on governance, updating and expanding their own bylaws, and it has been felt that the League's bylaws should allow greater flexibility in division bylaws; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Sacramento, September 10, 2003, that the League approve the proposed bylaws amendments for the League of California Cities that are incorporated herein by reference. Following is a summary of proposed bylaws changes. A redline version of the bylaws and proposed changes is attached to this resolutions packet starting on page 7. Summary of Proposed Bylaws Changes - 2003 Relocation of Definition of General Assembly. Take the definition of the League's "General Assembly" out of the Annual Conference section relating to membership meetings (see article V, sections 1 and new section 3). Relocation of Quorum and Voting Provisions. Put all quorum and voting information in Article ×1 (removing it from article V; see also removal of language from old article VII, section 11, relating to board quorum and voting). · Consistency in "Germane-ness" Language. Make the language in article VI, sections 1 and 5(e) consistent with respect to the germane-ness issue. Resolution Process Limited to Annual Conference. Limit certain aspects of the resolutions process to the Annual Conference General Assembly (see article VI, section 5 in particular as it relates to petitioned resolutions), because of the practicalities associated with a one-day special meeting. Election of League Officers During Annual Conference. Remove the limitation that the officers be elected at a board meeting at the "conclusion of" the annual conference (see article VIII, section 3)--this created a problem last year. Additional At-Large Board Members. Allow the election of an additional at-large board member if one or more of the eight largest cities already serves on the board as an officer (see article VII, section 2). Note that the Administrative Services Policy Committee did not consider this change. Division Names. Remove what appears to be superfluous language in article IX, section 3, relating to division names (we say what the division names are in section l(a) of that article). Division Bylaws. Allow regional division bylaws to specify different criteria with respect to voting (see article IX, section 6--which parallels language in the department article). Failure to Achieve a Quorum. Specify that whenever a body other than the League board doesn't have a quorum, their action is advisory to the League board (see Article XI, new section 1 ( c )). Voting Procedures. Allow voice votes at general assemblies (see article XI, section 2(b) and specify that a majority of those voting is necessary for approval of most items (see article ×1, new section 3); Eligibility to Hold Subunit Offices. Allow regional divisions and functional departments to impose additional eligibility requirements for officeholders of those subunits (see article XII, section l(a)). · Changing League Divisions. Cities wishing to change divisions should secure the approval of both divisions and the League's board of directors, as opposed to the General Assembly (see article IX, section 5). INote: See page 7 for redline version of bylaws and proposed changes. Resolution Referred to Environmental Quality Policy Committee 1 RESOLUTION RELATING TO PROPOSED FEDERAL LEGISLATION TO EXPAND WILDERNESS AND WILD AND SCENIC RIVER DESIGNATIONS Source: Desert/Mountain Division Referred to: Environmental Quality Policy Committee Recommendation to General Resolutions Committee: WHEREAS, Senate Bill 2535 the "California Wild Heritage Act of 2002" and companion House Bills 4947, 4948 and 4949 were presented to the last Congress; and WHEREAS, if adopted these bills would designate certain lands as wilderness and certain rivers and streams would be designated as wild and scenic; and WHEREAS, additional designations of wilderness and wild and scenic rivers in many of these areas may have negative impacts on the general public right to use such areas; and WHEREAS, additional designations of wilderness and wild and scenic rivers in many of these areas may have negative impacts on the well being and economic growth of local municipalities and their citizens adjoining the proposed areas; and WHEREAS, if there is truly a determination of the need for additional wilderness areas and wild and scenic rivers in defined geographic areas, those areas should be proposed by specific legislation after focused public disclosures and hearings; and WHEREAS, S. 2535 and the House Bills 4947, 4948 and 4949 would impose wilderness and wild and scenic river designations upon a myriad of acreages throughout the State of California; and WHEREAS, this "one size fits all" approach across the State by the Federal government makes local determinations of what actual effects such designations will have on the areas affected complex at best; and WHEREAS, local control and input to proposed legislation is a core value of the League of California Cities; now, therefore be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Sacramento, September 10, 2003, that the League support the request of the Desert Mountain Division to urge the sponsors of S. 2535 and H.R. Bills 4947, 4948, and 4949 to offer individual, specific legislation for each proposed or expanded wilderness and wild and scenic river area; and be it further RESOLVED, that the League of California Cities will develop and impart to each member city a review of each proposed or expanded wilderness and wild and scenic river area within their respective divisions; and be it further RESOLVED, that each member city is urged to fully participate in the review and conclusions of each proposed or expanded wilderness and wild and scenic river area within their respective divisions; and be it further RESOLVED, that the sponsors of S. 2535 and H.R. Bills 4947, 4948, and 4949 continue their efforts to involve local governments, both city and county, in the formulation of legislation that will designate areas as wilderness or wild and scenic rivers. 4 BACKGROUND INFORMATION ON RESOLUTION NO. 2 PROVIDED BY THE SPONSOR SOURCE: TITLE: DESERT/MOUNTAIN DIVISION RESOLUTION RELATING TO PROPOSED FEDERAL LEGISLATION TO EXPAND WILDERNESS AND WILD AND SCENIC RIVER DESIGNATIONS Purpose: The purpose of this memo is to provide a discussion on the subject federal legislation in order to facilitate discussions of the proposed resolution. Back_clround: In 2002, our member city Bishop, California, raised concerns about the proposed federal legislation know as the "California Wild Heritage Act of 2002," S.2535, sponsored in the Senate by Barbara Boxer with companion house legislation. As a result of those concerns, our division sponsored a resolution asking the League of California Cities to take an "oppose" position on the legislation. The League's Environmental Quality Policy Committee held hearings and adopted that "oppose" position, forwarding it to the League's General Resolutions Committee at the annual conference where it became Annual Conference Resolution Number 7. At the meeting of the General Resolutions Committee, representatives of Senator Boxer's office presented the committee a letter from Senator Boxer, which that Senator Boxer felt the league had not given her proposed legislation a complete hearing and asked the league to refer the issue back to the Environmental Quality Policy Committee for further discussions. Senator Boxer's representative agreed to participate "more fully" in the discussions. As a result of follow-on discussions and negotiations, the Desert Mountain Division agreed to withdraw its oppose resolution and adopted a resolution urging that Senator Boxer and sponsors of companion legislation submit separate legislation for each proposed wilderness area or expanded wilderness area and each proposed wild and scenic river or expanded wild and scenic river designation Discussion: The Desert Mountain Division and its member cities believe the key issue with the proposed legislation is a failure of sponsors to address the concerns of localities affected by the proposed legislation. Close examination shows this to be sweeping legislation involving virtually every national forest, monument, preserve plus a large portion of the California desert, and numerous streams, creeks, and rivers With this level of impact, it is important that the league protect its member cities from the broad-brush push contained in the legislation of "one size fits all. Numerous other entities have adopted "oppose or watch" positions. Both Tulare and San Bernardino County Supervisors have adopted an oppose position because of its failure to address the impact on the central valley water supplies - a crucial issue in many areas - or because of the legislation's failure to address the impact on local tax revenues - an especially crucial issue in today's budgetary environment. Military bases are concerned because such designations will negatively impact training in adjacent training areas. Some commanders see the biggest impact on military over flights in the wilderness areas. These include Edwards Air Force Base and its test facilities, the U.S. Army NTC, China Lake, and the Marine Training facility in the Bishop- Mammoth Lakes area. Some groups have adopted a "watch" position because the legislation was modified declaring, "continuation of military activities, including over flights, military maneuver, testing and evaluation, and other activities without limit to frequency is not incompatible with the protection and proper management of the wilderness and wild and scenic river resources designated by this Act." However, there is still "real concern" of where this could lead in the long term once wilderness designations are made. Future lawsuits could reverse this issue in "Wilderness and Wild and Scenic River" designations. There is also concern among some groups that normally support this type of legislation. What comes out in all of this goes back to Bishop's original concern -"they are ignoring us. That theme is constant among all those that have taken oppose or watch positions. Hopefully, the weights of the League will encourage Senator Boxer's office to open dialog with local entities. The Desert Mountain Division understands the need to protect our natural resources and that after careful consideration some expanded wilderness or new wilderness areas and wild and scenic rivers may need to be adopted. However, each proposal should be handled by separate legislation that will allow local input. The Division feels this should be the League's major concern -- protecting those member entities from the one size fits all policy. The Desert Mountain Division therefore encourages all member cities to support this resolution that encourages the legislative sponsors to open a direct and real dialogue on each proposed expanded or new wilderness area or wild and scenic river. Bylaws for the League of California Cities~ As Proposed to Be Amended at the 2003 Annual Conference (Additions are indicated by underlinincl, deletions are indicated by -,,,°~'"-~",,--- Effective r~,.,,~,..~...,.,..~,.., .,,~ ._.,..,_~nn~ September 11,2003 Article I: General Section 1' Corporation Name. This corporation is the League of California Cities (the League). Section 2: Offices. The principal office of this corporation shall be located in Sacramento, California. The League Board of Directors (League Board) may establish such other League offices as it deems necessary to the effective conduct of League programs. Section 3: Compliance with Governing Laws. In all matters not specified in these bylaws, or in the event these bylaws do not comply with applicable law, the California Nonprofit Corporation Law applies. Article I1- Purpose and Objectives Section 1' General. The League's purpose is to strengthen and protect local control for cities through education and advocacy to enhance the quality of life for all Californians. Section 2: Objectives. The League's objectives are the following: (a) Advocate legislation that results in benefits to Member Cities, (b) Communicate to Member Cities and the public on issues related to the general welfare of citizens in California cities, (c) Pursue strong intergovernmental relationships to promote the well being of California cities, (d) Organize educational opportunities, such as conferences of city officials, (e) Stimulate greater public interest and more active civic consciousness as to the importance of cities in California's system of government, (f) Collect and disseminate information of interest to Member Cities, and (g) Engage the membership in a continuing analysis of the needs of Member Cities. Note: All footnotes are for reference and explanation only and are not part of the bylaws text. Article II1: Membership Section 1: Qualification. (a) Cities. Any city, or city and county, in California may, by the payment of annual dues prescribed in Article IV, become a Member City and as such is entitled to League services and privileges (b) Elected and Appointed Officials. All elected and appointed officials2 in Member Cities are members of the League. Section 2: Termination. Membership is suspended or terminated whenever any of the following occurs: (a) The Member City resigns by giving written notice to the League; (b) The Member City does not pay dues, fees or assessments in the amounts and terms set by the League Board; or (c) An event occurs that makes the Member City ineligible for membership.3 Section 3: Honorary Members. Any person who has given conspicuous service for the improvement of city government may, by the vote of the League Board, be granted an honorary membership in the League. All ex-presidents of the League are Honorary Members. Honorary Members as such do not have a voice or vote in any of the meetings of the League and do not have membership status in the League for purposes of state and federal laws. Section 4: Non-Liability. No Member City is liable for the debts or obligations of the League. Article IV: Dues Section 1: Establishment. The League Board establishes the League's dues annually according to city population. The population of each city is the population used by the State Controller in making the most recent allocation of subventions to cities. Section 2: Increase in Dues. (a) Board Vote Requirement. Any increase in dues must be approved by the League Board by a two-thirds vote. The League Board's approval shall be accompanied by an explanation of the need for the increase, including but not limited to: (i) Increases in the League's costs related to general increases in the consumer price index or other factors; and/or (ii) The expansion of existing programs or initiation of new programs. "Appointed officials" includes professional city staff. See Cal. Corp. Code § 7341 (c) (requiring termination procedures to be included in bylaws). An example of the latter (section 2(c)) would be disincorporation. (b) Member City Ratification Requirement. Any dues increase that exceeds either the "consumer price index" for the preceding twelve months or five percent (whichever is greater) requires Member City ratification. In no event, however, shall the League Board approve a dues increase in excess of ten percent without Member City ratification. (i) "Consumer Price Index" Defined. For purposes of this section, the consumer price index is the California consumer price index for all urban consumers calculated by the California Department of Industrial Relations or its state or federal successor. (ii) Approval Threshold. Member City ratification requires a majority of Member Cities casting votes. (iii) Mechanism for Seeking Approval. The ratification may occur at the League's General Assembly (see Article V,.,.....,..,o--,-*~,.,, ~ t,-~, ~..//or by using the mail balloting procedure (see Article Xl, section 5). (c) Dues Cap. In no event will a Member City's dues increase by more than $5,000 per year. Section 3: Delinquency. Any Member City of the League who is delinquent in dues, fees or assessments may be suspended or have that member's membership terminated as provided in Article III, section 2. Article V: Membership Meetings Section 1' Annual Conference. (a) Time and Place. The League's regular Annual Conference is held at the time and place as the League Board determines. In case of any unusual conditions or extraordinary emergency, the League Board may, at its discretion, change the time or place of the meeting. (b) Conference Program Planning. The League Board shall establish an Annual Conference program planning process that provides for input from representative segments of the League's membership. Section 2' Special Meetings. Special meetings of the League may be called by the League Board and shall be called by the League Board upon the written request of forty Member Cities. Section 3' City Dele.qates as General Assembly. (a) Desi_qnation. Each Member City may, with the approval of the city council, designate a city official as the city's designated voting delegate or alternate deleqate. (.b) Membership Decision-makinq Body. Designated voting delegates (or their alternates) constitute the League's General Assembly. (c) Registration for Annual Conference. For General Assemblies held in conjunction with the Annual Conference, designated voting delegates must reqister to attend the Annual Conference Section-34_: Notice of Meetings. Notice shall be given to all Member Cities of the time and place of all regular and special meetings by mailing a written notice at least fifteen days prior to each meeting, or by publishing a notice of the meeting at least two weeks prior to the meeting in the official publication of the League; provided, however, that failure to receive such notice does not invalidate any proceedings at such meeting. Section 45: Parliamentarian. The League President shall appoint a Parliamentarian to resolve procedural issues at the League's General Assembly and in Resolutions Committee meetings. Section-S_6: Credentials. Designated voting delegates must register to 3ttend the Ann'J3! Conference and with the Credentials Committee. The League President shall appoint a three- person Credentials Committee no later than the first day of the Annu3! ConferenccGeneral Assembly. In case of dispute, this committee determines the right of a member to participate. [Note that the substance of following two sections have been moved to Article XI] Article VI' Membership Resolutions Section 1' Role and Scope of Resolutions. Resolutions adopted by the League's General Assembly 3t Annu3! Conferences and such League Board policies as are not inconsistent with such resolutions constitute League policy. All resolutions shall have some direct relation be germane to city issues. Section 2: Origination. Resolutions may originate from city officials, city councils, regional divisions5, functional departments6, policy committees, or the League Board or by being included in a petition signed by designated voting delegates of ten percent of the number of Member Cities. See article Xl for additional information about voting. "Regional divisions" are defined in Article IX of these bylaws. "Functional departments" are defined in ,Article X of these bylaws. 10 Section 3: Resolutions Committee. (a) Resolutions Committee Composition. The League President establishes a Resolutions Committee sixty days prior to each Annual Conference, which committee shall consist of: (i) One elected official from each regional division, appointed by the regional division; (ii) One elected official from each policy committee, appointed by the policy committee; (iii) One member from each functional department, appointed by the department; and (iv) Up to ten additional members (at least five of whom are elected officials) as the League President deems necessary to achieve geographic and population balance, as well as recognize the multiplicity of city functions not represented by the other appointments, including, but not limited to, the perspectives of board and commission members as well as professional staff. (b) Presidential Appointments. In the event a regional division, policy committee or functional department does not make its appointment to the Resolutions Committee, the League President may make the appointment on the regional division's, policy committee's or functional department's behalf. (c) Chair. The League President shall also appoint to the Resolutions Committee a committee chair and vice chair. (d) Minimum Committee Size and Composition. In the event the full committee is not in attendance at the Annual Conference, the League President shall appoint a sufficient number of city officials in attendance to achieve a total of thirty. No less than two-thirds of the members of the Resolutions Committee shall be elected officials. (e) Committee Consideration of Proposed Resolutions. Except for resolutions of courtesy, commendation, appreciation or condolence, no resolution expressing the opinion or policy of the League on any question may be considered or discussed by the League's General Assembly, unless it has been first submitted to, and reported on, by the Resolutions Committee. Section 4: Procedure for Review. (a) Timing. Except for petitioned resolutions, all resolutions shall be submitted to the Resolutions Committee, at the League's headquarters, not later than sixty days prior to the opening session of the League's General Assemb!yAnnual Conference. (b) Referral to Policy Committees. (i) Review and Recommendations. Except for resolutions of courtesy, commendation, appreciation or condolence, all resolutions submitted to the 11 Resolutions Committee shall be referred by the League President to an appropriate policy committee for review and recommendation prior to the opening general session of the Annual Conference. (ii) Report to Resolutions Committee. Policy committees shall report their recommendations on such resolutions to the Resolutions Committee. The inability of a policy committee to make a recommendation on any resolution does not preclude the Resolutions Committee from acting upon it. (c) Minimum Committee Size and Composition. In the event the full committee is not in attendance at the Annual Conference, the League President shall appoint a sufficient number of city officials in attendance to achieve a total of thirty. No less than two-thirds of the members of the Resolutions Committee shall be elected officials. (e) Committee Consideration of Proposed Resolutions. Except for resolutions of courtesy, commendation, appreciation or condolence, no resolution expressing the opinion or policy of the League on any question may be considered or discussed by the League's General Assembly, unless it has been first submitted to, and reported on, by the Resolutions Committee. Section 5: Resolutions Proposed by Petition. (a) Presentation by Voting Delegate. A designated voting delegate of a city may present by petition a resolution to the League President for consideration by the Resolutions Committee and the General Assembly at the Annual Conference. These resolutions are known as "petitioned resolutions." (b) Contents. The petition shall contain the specific language of the resolution and a statement requesting consideration by the League's General Assembly. (c) Signature Requirements. The petition shall be signed by designated voting delegates registered with the Credentials Committee who represent ten percent of the number of Member Cities. (d) Time Limit for Presentation. The signed petition shall be presented to the League President no later than twenty-four hours prior to the time set for convening the League's General Assembly. (e) Parliamentarian Review. If the League President finds that the petition has been signed by designated voting delegates of ten percent of the number of Member Cities, the petition shall be reviewed by the Parliamentarian for form and substance. The Parliamentarian's report shall then be presented to the chair of the Resolutions Committee. Among the issues that may be addressed by the Parliamentarian's report is whether the resolution should be disqualified as being either (i) Non-germane to city issues or (ii) Identical or substantially similar in substance to a resolution already under consideration 12 (d) One Director to be elected from each of the regional divisions and functional departments of the League, each of whom serves for a term of two years; (re) Members of the National League of Cities Board of Directors who hold an office in a Member City:; and (f) Eight Directors to be desiqnated by each of the ei.qht largest cities in California.8 (1) If one or more of the eight largest cities is represented on the Leaque Board as an officer, the Board may elect an additional at-larqe member pursuant to section 2(c) of this article; and (2) Such director shall serve a two-year term. (g) For purposes of this section, city populations will be the population figures used by the State Controller in making the most recent allocation of subventions of cities. Directors hold office until their successors are elected and qualified or, if they sit on the League Board by virtue of their membership on the National League of Cities Board of Directors, until their terms on the National League of Cities Board of Directors conclude. Section 3: Staggered Terms. The terms of the Directors are staggered, so that the terms of approximately one-half of the members of the League Board expire each year. (a) Even-Numbered Year Terms. The following directorship terms expire in even- numbered years: (i) Departments. Directors from the Fiscal Officers, Public Works Officers, Mayors and Council Members, Planning and Community Development, Fire Chiefs, and City Clerks departments; (ii) Divisions. Directors from the Central Valley, Imperial County, Monterey Bay, North Bay, Orange County, Redwood Empire, Sacramento Valley and San Diego County divisions; and (iii) At Large. Directors from five of the ten at-large directorships. (b) Odd-Numbered Year Terms. The following directorship terms expire in odd- numbered years: (i) Departments. Directors from the City Attorneys, City Managers, Police Chiefs, Recreation, Parks and Community Services, and Personnel and Employee Relations departments; Note that this proposed amendment was not considered by the Administrative Services Committee. 14 (d) One Director to be elected from each of the regional divisions and functional departments of the League, each of whom serves for a term of two years; (re) Members of the National League of Cities Board of Directors who hold an office in a Member City~; and (f) Eight Directors to be desiqnated by each of the eight largest cities in California.8 (1) If one or more of the eight largest cities is represented on the Leaque Board as an officer, the Board may elect an additional at-larqe member pursuant to section 2(c) of this article; and (2) Such director shall serve a two-year term. (g) For purposes of this section, city populations will be the population figures used by the State Controller in making the most recent allocation of subventions of cities. Directors hold office until their successors are elected and qualified or, if they sit on the League Board by virtue of their membership on the National League of Cities Board of Directors, until their terms on the National League of Cities Board of Directors conclude. Section 3: Staggered Terms. The terms of the Directors are staggered, so that the terms of approximately one-half of the members of the League Board expire each year. (a) Even-Numbered Year Terms. The following directorship terms expire in even- numbered years: (i) Departments. Directors from the Fiscal Officers, Public Works Officers, Mayors and Council Members, Planning and Community Development, Fire Chiefs, and City Clerks departments; (ii) Divisions. Directors from the Central Valley, Imperial County, Monterey Bay, North Bay, Orange County, Redwood Empire, Sacramento Valley and San Diego County divisions; and (iii) At Large. Directors from five of the ten at-large directorships. (b) Odd-Numbered Year Terms. The following directorship terms expire in odd- numbered years: (i) Departments. Directors from the City Attorneys, City Managers, Police Chiefs, Recreation, Parks and Community Services, and Personnel and Employee Relations departments; Note that this proposed amendment was not considered by the Administrative Services Committee. 14 (ii) Odd-Number Years: Channel Counties, Inland Empire, Desert-Mountain, East Bay, Los Angeles County, Peninsula, Riverside County, and South San Joaquin The League President shall appoint the chair of the nominating committee. (b) Duties. The duties of the nominating committee are to: (i) Member Outreach. Solicit nominations for the offices of Second Vice President/Treasurer and ten at-large members for the League Board from the League's Member Cities; (ii) At-Large and Second Vice President Recommendation. Make recommendations to the League Board on the following year's League officers1° and at-large board members; and (iii) President and First Vice President Recommendation. Recommend whether the previous year's First Vice President becomes President and the previous year's Second Vice President/Treasurer becomes First Vice President. (c) Notice to Members. The identity of nominating committee members shall be publicized in League publications and communications, along with an explanation of the nomination process and relevant deadlines for submitting nominations to the nominating committee. (d) Decision and Report. The nominating committee's decision shall be made and communicated to the League Board not later than 30 days prior to the date of the League's Annual Conference and again at the first board meeting at the Annual Conference. In addition, the nominating committee shall make its report to the membership at the opening general session of the Annual Conference.~1 Section 6: Vacancies. (a) Functional Departmental Directorships. In the event of a vacancy in a functional departmental directorship, the president of the department may become a member of the League Board or may appoint a member of his or her department to fill the vacancy. (b) Regional Division Directorships. If a vacancy occurs in the regional division directorship, the regional division in question may elect a new Director at the next regular meeting of the regional division. (c) At-Large Directorships. If a vacancy occurs in an at-large directorship, the League Board may elect a new Director to fill the vacancy at the next regular board meeting. The League president may nominate individuals for consideration by the League Board. (d) Terms. The person elected to fill a vacancy holds office for the remainder of the term of the office in question (see Article VII, section 3). See Bylaws Article VIII for provisions relating to League officers. See Bylaws Article VIII, section 3 (for election of League officers) and Article VII, section 2(c)(2) (for election of at-large board members). 16 (c) Standing Policy Committees.~2 (i) Charge. The League shall have a series of standing policy committees, whose charge shall be to make recommendations to the League Board on matters within the committees' jurisdiction, as well as fulfill other duties specified in these bylaws (see, for example, Article VI, section 4(b)). (ii) Membership. Each League policy committee shall be comprised of the following: · Two members appointed by each regional division president; · One member appointed by each functional department president; · No more than 16 members appointed by the League president, to provide population and geographic balance, as well as expertise; and · Such representatives of affiliate organizations in the capacity authorized by the League Board. (iii) Feedback. Policy committees shall receive information on actions taken on committee recommendations and the reasons for those actions. (d) Committee Chairs and Vice Chairs. The League President appoints the chair of all League-wide committees. The term of such appointments coincides with the League President's term. The League President may appoint vice chairs for such committees, as the League President deems necessary. Section !2'1__~.1' Compensation. The Directors do not receive any compensation for their services, but, with League Board approval, may be entitled to reimbursement for actual and necessary expenses incurred in the performance of their duties. Section !3:12 Reports of Directors. The League Board's duties include providing an annual report to League members at the regular Annual Conference showing the League's work, the League's financial condition, and a statement with respect to the League's plans for further work and proposed policies. ~2 The present standing policy committees are: 1 ) Administrative Services, 2) Employee Relations, 3) Environmental Quality, 4) Community Services, 5) Housing, Community and Economic Development, 6) Public Safety, 7) Revenue and Taxation, and 8) Transportation, Communication and Public Works. 18 South San Joaquin Valley (b) New Divisions. Additional divisions may be formed through an amendment to these bylaws (Article XVI). Section 2: Purposes and Functions. The purposes and functions of regional divisions of the League are as follows: (a) To promote interest in the problems of city government and administration among city officials within such divisions. (b) To assist League officials in formulating policies by expressing, through resolutions duly adopted, the recommendations of the regional divisions. Resolutions adopted by regional divisions to be considered at the Annual Conference shall be submitted in the manner provided by Article VI. (c) To take action consistent with general League policy as duly adopted by the League's General Assembly or by the League's Board. Regional divisions may take no action in conflict with such policies. Nothing in the foregoing limits or restricts regional division activities in matters of purely local interest and concern. (d) To meet not less than once every three months, provided that the League Annual Conference may be considered one such meeting of a regional division. Section 3: Names of Divisions. Each regional division will identify itself as a division of the League of California Cities. ~ ai~,,,,,~,,.~ name h,, which *he ~"~°~"" oh~, h,, known oh-~ll Section 4: Boundaries. The territorial boundaries of each regional division may be fixed by each division subject to the approval of the League's General Assembly. Section 5: Membership. All cities within the boundaries of a regional division may become members of and participate in the activities of that division. A city may join a different regional division with the approval of both the existing and proposed division, and the League's~,ec~m:3~ Assem~91y Board of Directors. Section 6: Voting. Unless otherwise provided in a re.qional division's bylaws, t:l:he representatives of each Member City may cast collectively one vote on division matters, and a majority of the votes cast is necessary for a decision,l? Section 7: Officers. (a) Identity. Each regional division elects a President, a Vice-President, a representative on the League Board of Directors and a Secretary, and such other officers as any regional division bylaws may establish. ~?See Article Xl for additional information about voting. 22 Section 8: Resignation. Except as provided in Article VII, section 7 for members of the League Board, a regional division officer's resignation is effective upon receipt in writing by the division's President or Secretary, unless a later date is specified in the letter. Section 9: Regional Division Bylaws. Regional divisions may adopt their own bylaws. Division bylaws may not conflict with the League's bylaws. In the event of a conflict between a division's bylaws and League bylaws, the League's bylaws will prevail; the League's bylaws also prevail when the division does not have bylaws or the division's bylaws are silent. Article X: Functional Departments Section 1: Listing. (a) Existing Departments. The League includes the following functional departments: Mayors and Council Members City Attorneys Fiscal Officers Public Works Officers City Managers Planning and Community Development Police Chiefs Fire Chiefs Recreation, Parks and Community Services City Clerks Personnel and Employee Relations (b) New Departments. Additional functional departments may be formed through an amendment to these bylaws (Article XVI). Section 2: Officers (a) Identity. Each functional department elects a President, a First Vice-President, a Second Vice-President/Secretary, a representative on the League Board, and such other officers as the department's bylaws may establish. (b) Election Timing. Each functional department elects its officers at the department's business session at the League's Annual Conference, unless the department's bylaws provide otherwise. (c) Terms. The term length for functional department representatives on the League Board is established in Article VII, section 2(d). The term of office of all other newly elected officers is one year. The term of office of all newly elected department officers commences immediately on the adjournment of the Annual Conference. 24 Article Xl: Voting Section 1' Quorum. (a) In General. A maio. rity of the members of the Leaque's Board, functional department, regional division, committee or other kind of subsidiary body constitutes a quorum for the purpose of makinq decisions. (b) General Assembly. The presence of a majority of the credentialed votinq delegates (or alternate) from a majority of Member Cities constitutes a quorum at the Leaque's General Assembly, (c) Failure to Achieve Quorum. In the event that a body other than the Leaque Board of directors lacks a quorum, .all votes taken by that body will be advisory to the Leaque Board, which shall be advised that a quorum was not present. In the event that the League's Board is unable to achieve a quorum, the League Board will adjourn until such time as a quorum can be achieved. Section-l-2: Vei~:~V~K~eVotinq Methods. ~ .... , ....'-"';'~"~ in ~"~;"~'-' V, o'~"*;'"'~ 7 (a) General Assembly.~A-all voting in meetings of the General Assembly of the League, its regional divisions, functional ar~departments,, committees and other kinds of subsidiary bodies is by voice vote. (b) Sect!on 2: Alternative Methods. If the presiding official cannot determine the outcome of the voice vote or three or more Member Cities request, an alternative method of voting may be used. An alternative voting method may be by any means (show of hands, written ballot, display of votin_q cards, etc.) which allows the presiding official to accurately determine the outcome of the vote. (c) SecA~em3~-.' Roll Call Votes. A roll call may be demanded by representatives of ten percent or more of the voting body ~'~'-"-"~'"o r..,-,~o,,-...-.,~ with *~'e (d) Voting Cards. A votinq card will be issued to each Member City's designated votinq delegate upon presentation of evidence of the deleqate's desiqnation by the Member City. (e) Proxy Voting. Proxy voting is not allowed. Section 3. Vote Threshold. Except as otherwise provided in these bylaws (see, for example, Article XVI, §2), a majority vote of approval of those votin,q is necessary for decision. Section 4: One City One Vote. Except as otherwise provided in a functional department's or ...a......r.egional division's bylaws, the representatives of each Member City present and in good standing collectively cast one vote.23 A majority of the votes cast is necessary for a decision. Section 5: Mail Balloting. In addition to voting at League meetings, the League may solicit member input by mail ballot. 23 For purposes of the General Assembly (see articles V and VI), the mechanism through which city officials do this is the designated voting delegate. 26 Such determinations shall be made by the League Board in good faith, with knowledge of the material facts concerning the transaction and the director's interest in the transaction, without counting the vote of the interested director or directors. (d) Post-Transaction Approval. When it is not reasonably practicable to obtain Board approval before entering into such transactions, a Board committee may approve such transaction in a manner consistent with the requirements in the preceding paragraph, provided that, at its next meeting, the full Board determines in good faith that the League Board committee's approval of the transaction was consistent with such requirements and that it was not reasonably practical to obtain advance approval by the full Board, and ratifies the transaction by a majority of the directors then in office without the vote of any interested director.28 Article XV: Miscellaneous Section 1' Indemnification. (a) Indemnity Authorized. To the extent allowed by California Nonprofit Corporation Law,29 the League may indemnify and advance expenses to its agents in connection with any proceeding, and in accordance with that law. For purposes of this section, "agent" includes directors, officers, employees, other League agents, and persons formerly occupying these positions.3° (b) Approval of Indemnity. An individual seeking indemnification shall make a written request to the League Board in each case. (i) Success on the Merits. To the extent that the individual has been successful on the merits, the League Board will promptly authorize indemnification in accordance with California Nonprofit Corporation Law.3~ (ii) Other Instances. Otherwise, the League Board shall promptly determine, by a vote of a majority of a quorum consisting of directors who are not parties to the proceeding, whether, in the specific case, the agent has met the applicable standard of conduct under California law,32 and, if so, will authorize indemnification to the extent permitted. 28 See Cal. Corp. Code § 7233 (specifying under what circumstances a self-dealing transaction is void or voidable). 29 The scope of indemnity for mutual benefit corporations is governed by Corporations Code section 7237, which is excerpted in the footnotes below. 3o Section 7237(a) provides in pertinent part: For the purposes of this section, "agent" means any person who is or was a director, officer, employee or other agent of the corporation, or is or was serving at the request of the corporation as a director, officer, employee or agent of another foreign or domestic corporation, partnership, joint venture, trust or other enterprise, or was a director, officer, employee or agent of a foreign or domestic corporation which was a predecessor corporation of the corporation or of another enterprise at the request of such predecessor corporation... See Cal. Corp. Code § 7237(a). ~ Section 7237(d) provides To the extent that an agent of a corporation has been successful on the medts in defense of any proceeding referred to in subdivision (b) or (c) or in defense of any claim, issue or matter therein, the agent shall be indemnified against expenses actually and reasonably incurred by the agent in connection therewith. See Cal. Corp. Code § 7237(d). 32 These standards are largely contained in section 7237(b) or section 7237(c), which provide: 30 Section 5: Parliamentary Authority. Subject to the provisions of these bylaws, Robert's Rules of Order or such other parliamentary rules as may be adopted by the League Board shall prevail at all meetings of the League, the League Board, and in all functional departments and regional divisions. Section 6: Seal. The League Board has provided a suitable seal for the League which is circular and which contains the following inscription: "LEAGUE OF CALIFORNIA CITIES INCORPORATED NOVEMBER 4, 1932, CALIFORNIA" The seal may be affixed to corporate instruments, but any failure to affix it does not affect the instrument's validity. Section 7: Governing Law. In all matters not specified in these bylaws, or in the event these bylaws are inconsistent with applicable law, the provisions of California Nonprofit Corporation Law then in effect apply. Article XVl: Amendments Section 1: Consideration. These bylaws may be amended by the League's General Assembly (see Article XVI, section 5 for procedures) or by a mail ballot to Member Cities (see Article XI, section 5 for procedures). Section 2: Vote Threshold. A two-thirds vote of approval of those voting is necessary to amend these bylaws. Section 3: Who May Propose. Amendments may be proposed by the League Board or by petition of ten percent of Member Cities. The proponent may specify whether the amendment is to be considered at the General Assembly or by mail ballot. Section 4: Board Review. Any amendment proposed by petition shall be submitted to the League Board in writing for its review. The League Board's recommendation and reasons following its review shall accompany all materials relating to the proposed amendment. Section 5: Procedure for Consideration by General Assembly. (a) Notice. The meeting notice required by Article V, section 3 for League meetings shall include notice of any proposal to amend the League's bylaws, along with the subject of the proposed amendment(s). (b) Consideration by General Assembly. The proposed amendment, along with any action by the League Board pursuant to section 4 of this Article, shall be considered by the General Assembly along with any resolutions presented pursuant to Article VI. Section 6: Effective Date. After approval, amendments go into effect after the expiration of the protest period (see Article XVI, section 7) unless otherwise specified in the amendment. Section 7: Protest and Suspension until Next Conference. If, within sixty days after the adoption of any amendment, one-third or more of the Member Cities submit a written protest 32 UKIAH REDEVELOPMENT AGENCY REGULAR MEETING CIVIC CENTER COUNCIL CHAMBERS 300 SEMINARY AVENUE August 20, 2003 8:00 P.M.* 1. ROLL CALL 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. m 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. APPROVAL OF MINUTES a. Regular Meeting of June 18, 2003 1 NEW BUSINESS a Consideration and Approval of Performance Agreement With Ukiah Main Street Program 1 COMMISSIONERS REPORTS EXECUTIVE DIRECTOR REPORTS CLOSED SESSION G.C. §54956.8 Conference with Real Property Negotiator Property: 180-110-02, 06 Owner: Ukiah Redevelopment Agency Negotiator: Candace Horsley Under Negotiation: Price, Terms, and Conditions 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 The Ukiah Redevelopment Agency met in regular session on June 18, for which had been legally noticed and posted, at 10:38 p.m. in the Civic CeD~ CoUnCil:: :: Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken an~::~ii:~:'followin~ Commissioners were present: Commissioners Rodin, Andersen, Smit~?i;!i~i~win, and Chairman Larson. Staff present: Assistant Director DeKnobloug~? ~i~an~'~:Di[ector Elton, Deputy Director Harris, Executive Director Horsley, City AEO~ey Rapp~?::~nd Recording Secretaw Ulvila. 2. AUDIENCE COMMENTS ON NON-AGENDA ITEM8:~::~ No one came fo~ard 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~::?;~=~.~i;~luded 9.D the agenda in error. They were approved by the~=Bedevelopment Agency at=:~i(~ ~:. ~gy~==~ 72003 meeting. 4. APPROVAL OF MINM~ ....... 4b. Regular Meetin~ of:?.~ ' ~;~2003 ..... M/S Smith/Andersen app~'~Vi~g '~ Regula~?;~:;;:::',~i~:?;iiMi~'~8.tes of May 21, 2003 as presented, carried by unanimous voi~vote:~f~e Agen~ 5. NEW BUSI~ Sa, Receive:~ ~i~?~he Ukiah Rea~loDment A~encv Audited Financial StateCrafts F0'~::~?~i~¢al Year 200~:~02~ ?~: Financ~?~:;:~i~ctor Elto~:~dvised that th::~?~er was continued from the May 21st Redevel~ment meeti~Eer the audit!Wa:s distributed to the Commissioners. He advi~ ~at::~?:~he a:~:~:: "Independent Auditors' Repo~", states the overall finane~ :~~ents p:rese~?~?~aifly, in all material respects, the financial position of the Ukiah ::~Velopment Agency as of June 30, 2002 is satisfactory and all [ecommendationS~:~:~:~ve been accomplished. M/S B~l~in/Smith t~:?~:~:~ive and file the Ukiah Redevelopment Agency financial stateme~::::~:~0r the ye~.;~ ~ed June 30, 2002, audited by Davis Hammon & Company, carried by ~imous ~ice vote of the Agency. 5. NEWB~SlNESS :::::::::::::::::::::::: AdoD~a~n of Resolution allocatin~ Housing Setaside Funds, 2002/03- S~ri~ :~De~P~Uty~R~development Director Harris advised that the Low and Moderate Income H~!~?Adviso~ CommiEee has completed its review and evaluation of the ap~tions 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 ITEM NO. 5a DATE: August 20, 2003 UKIAH REDEVELOPMENT AGENCY AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION AND APPROVAL OF PERFORMANCE AGREEMENT WITH UKIAH MAIN STREET PROGRAM In 1998 the Redevelopment Agency entered into an agreement with the Ukiah Main Street Program to support its efforts in downtown promotions and economic development. This original agreement established long term and on-going projects, to be reviewed and updated on an annual basis. Staff has met with Main Street representatives for the purpose of reviewing accomplishments of the 2002/2003 agreement and setting goals and objectives for the coming year. During this past year Main Street has fulfilled the goals and objectives of the agreement and continued to provide representation of the Redevelopment Agency with the downtown business community. In accordance with the agreement, Main Street's accomplishments for the past year include; maintaining a downtown Farmer's Market, implementing a downtown landscape improvement program by contracting with a professional landscape firm for the maintenance of the School Street planters, and increasing its role in the Ukiah Country Pumpkinfest. These accomplishments are in addition to Main Street's on-going projects and programs such as the Downtown Newsletter, other special events and promotions, and providing ombudsmanship for downtown businesses through business outreach. (Continued on Page 2) RECOMMENDED ACTION: Approve Performance Agreement with the Ukiah Main Street Program for fiscal year 2003/04, retroactive to July 1,2003, and authorize Executive Director to execute agreement. ALTERNATIVE AGENCY POLICY ACTION: 1. Determine agreement requires revision and approve as revised. 2. Determine approval is inappropriate and do not move to approve. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachment: Ukiah Main Street Program Ukiah Main Street Program Larry DeKnoblough, Assistant Redevelopment Director¢/-k~/~ Candace Horsley, Executive Director 2003/04 Agreement APPROVED.~~t ~ -- Candace Horsley, E~cutive Director LD/Zipl MainSt.03.Asr The proposed contract continues with all the services provided in last year's agreement. In addition, Main Street is assuming a still greater role in the Ukiah Country Pumpkinfest by becoming the lead contact and coordinator for event vendors and the parade. Main Street is also continuing to develop the New Business Plan Grant Program in which Main Street sponsors a business plan writing competition for start-up businesses. The successful business would win a grant of funds raised through private sponsorship and receive additional business assistance through existing support organizations such as West Company and the Economic Development and Finance Corporation. Staff believes the enhanced relationship with Main Street, established through previous agreements, has been productive and beneficial to the Agency's downtown revitalization efforts. Staff believes Main Street has been a strong partner and a positive presence in the community and is recommending approval of the attached agreement, retroactive to July1,2003, and authorization for the Executive Director to execute the agreement. PERFORMANCE AGREEMENT between the UKIAH REDEVELOPMENT AGENCY and UKIAH MAIN STREET PROGRAM 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 Ukiah Main Street Program, Inc., a California non-profit, public benefit corporation, herein called "Main Street." RECITALS 1. The Agency is interested in maintaining a supportive role with the organizations that assist the Agency in the planning and management of downtown revitalization. 2. The Agency has determined that the California Main Street Program, based on the national Main Street model, provides activities which help to promote and revitalize downtown Ukiah. The four elements contributing to the economic development and revitalization of downtown, each of which receives careful and balanced attention are: organization; promotion; design; and economic restructuring. , Main Street is duly organized to promote and undertake downtown revitalization activities. 4. The Agency has designated Main Street to undertake revitalization activities. 5. The Agency desires to plan and manage the Main Street Program and downtown revitalization as a public/private partnership. NOW, THEREFORE, in consideration of the above-recited facts and agreement contained herein, it is agreed as follows: A. WORK TO BE PERFORMED The following work shall be performed by Main Street under the terms and duration of this Agreement: 1. Downtown Business Recruitment & Retention a. Main Street shall maintain and distribute to all interested parties an inventory of all vacant and available properties within the Business Improvement District (AB 1693 area; "District"). Main Street staff shall maintain the property information database to include location, size, zoning, and property or building amenities. All property owners and merchants within the District, local commercial leasing agencies, the Greater Ukiah Chamber of Commerce, and the Agency shall be provided a copy of the inventory each quarter of every year. The inventory shall be available in the Main Street office and shall be provided to all parties contacting Main Street for information related to business location within the District. b. Main Street shall complete and publish a downtown promotional packet of materials such as a downtown rental property brochure, business directory brochure and map for distribution to new and prospective businesses. Agency staff shall assist Main Street with the composition and publication of materials. c. Main Street shall continue to provide a small business outreach team comprised of representatives from the City of Ukiah, Main Street, and other business service organizations such as the Chamber of Commerce and/or Downtown Merchants Association. The purpose of this group shall be to assist and guide new businesses that request information relating to available business assistance services and information relating to the building and development process. 2. Downtown Newsletter Main Street shall continue to produce a quarterly newsletter which shall be distributed to all businesses within the Business Improvement District. The newsletter shall provide informational updates regarding, but not limited to, such issues as downtown parking, new businesses in the District, recent and pending events, business educational opportunities, and general business assistance information. The Agency shall assist Main Street with the composition of the newsletter. 3. Downtown Promotions a. Main Street shall continue current downtown promotions such as community events, holiday trolley, downtown tree lights, Ukiah Country Pumpkinfest, Taste of Downtown, and Downtown Farmers Market. The Agency shall assist Main Street in the utilization of volunteers to complete these projects and will purchase a portion of the lights necessary for the seasonal tree lighting of School Street. b. Main Street also shall conduct meetings with the Agency in advance of any event, project, or program involving both the Agency and Main Street to define respective levels of participation, accountability, and recognition. . Business and Property Ownership Pride Proqram a. Main Street and the Agency shall jointly continue to implement the program encouraging business and property owners to initiate and adopt a cleanup and maintenance program of the storefronts, walkways, trash and recycling facilities, and street planters within the District. Pursuant to this section, the Agency and Main Street shall assist downtown business and property owners through the offering of constructive suggestions regarding cleanup and general beautification of property as well as information as to what type and where assistance may be available for their beautification effort. b. Main Street agrees to promote a Business and Property Award Program, which establishes and presents awards for outstanding business presentation and property maintenance. Cdteria for determining awardees shall be developed in coordination with Agency staff. c. Main Street shall also coordinate maintenance of the downtown with the assistance downtown building and business owners. The intent of the program is to encourage business owners to maintain the storefront walk and planters. And assist with Main Streets biannual downtown cleanup. B. RECORDS, REPORTS AND ACCOUNTABILITY Main Street agrees to submit a semi-annual progress report to the Agency's Executive Director which shall detail accomplishments relative to the items cited in "A," above. Said report shall be submitted by January 31, 2004 and May 30, 2004. Main Street shall maintain a bookkeeping system and books of account in accordance with generally accepted accounting principles consistently applied, which segregate the accounting and utilization of Agency contributions from other sources of Main Street revenue. Agency shall have access to said books of account during regular business hours for purposes of inspection and audit. Main Street 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. A copy of financial records shall be provided to the Agency by May 30, 2004. Furthermore, the Agency and Main Street shall meet by May 30, 2004, and determine the extent to which the agreed upon tasks in Section A (above) have been completed, accomplished, or maintained in order to assess the degree to which the Agency's financial contribution has been satisfied. The results of this annual review shall be critical to the continued financial support extended to Main Street by the Agency, and/or the level of support deemed appropriate. Any and all future Agreements between Main Street and the Agency shall not only be predicated on Main Street's on-going ability to accomplish the prescribed tasks contained in the "Work to be Performed" section above, but also shall be dependent on the Agency's ability to garner available funds from its budget to support Main Street. Unforeseen budget shortfalls or financial constraints affecting the Agency may cause its support of Main Street to diminish or cease, depending upon the severity of the budget shortfall and/or financial constraint. C. FINANCIAL CONTRIBUTION BY AGENCY In consideration of Main Street's valuable contribution to the economic development and revitalization of the downtown core, and under the terms of this Agreement, the Agency shall contribute to Main Street the sum of twenty thousand dollars and no cents ($20,000.00) in order for Main Street to accomplish the specific scope of work identified in Section A above. This sum of money shall constitute the entirety of Agency's financial contribution to Main Street durinq the effective dates of this Agreement (July 1, 2003 to June 30, 2004), and all pre-existing forms of c~ntribution, be they implied or stated, monetary or in-kind services, shall cease and no longer be maintained, including the free use of office space and office equipment at the Ukiah Valley Conference Center. Accordingly, Main Street's continued occupancy of office space at the Ukiah Valley Conference Center will be subject to perfection and execution of a lease agreement which provides for monthly payments to the Ukiah Valley Conference Center for use and occupancy of Conference Center office space. D. FUTURE FINANCIAL CONTRIBUTIONS BY AGENCY Beyond the terms of this Agreement, and in consideration of future agreements, the Agency considers it Main Street's goal and responsibility to generate its own revenue, and eventually achieve relative self sufficiency. Towards this end, the Agency generally intends to base foreseeable future contributions to Main Street on a percentage of the revenue generated by Main Street, and specifically anticipates that such a contribution will consist of ten percent (10%) of the revenue generated by Main Street. Such a contribution scheme nevertheless will be based on the Agency's future ability to afford making the contributions, and on Main Street's continued ability to achieve the work items associated with past agreements. Moreover, at such time in the future as Main Street is able to balance its budget by generating enough independent revenue to cover its expenses, the Agency may discontinue making contributions to Main Street. In the meantime, Main Street remains a growing entity dependent upon Redevelopment Agency support. E. INSURANCE AND INDEMNIFICATION During the term of this Agreement, Main Street 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 or any kind or nature which the Agency, its officers, agents, and employees may sustain or incur orwhich 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 Main Street's performance under the terms of this Agreement, excepting only liability arising out of the sole and active negligence of the Agency. Without limiting Main Street's indemnification, it is agreed that Main Street 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. 3. The certificates of insurance and endorsements shall be completed to the satisfaction of the Agency. Failure to comply with this paragraph shall furnish the Agency with the right to immediately terminate this Agreement without further notice to Main Street. F. RELATIONSHIP BETWEEN MAIN STREET AND AGENCY Nothing in this Agreement shall be construed as making Main Street or any of its employees or representatives the agent or employee of the Agency for any purpose, or creating between the Agency and Main Street the relationship of legal partners or joint ventures. G. TERM This Agreement shall be effective from July 1, 2003, and shall terminate on June 30, 2004. H. TERMINATION FOR NON-PERFORMANCE 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, if such violation is not remedied within said 30 days or, if the breach cannot be remedied within such time period the defaulting has not commenced efforts to cure the breach or fails to diligently complete steps necessary to cure the breach. 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. I. 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 adsing from 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. J. 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. K. SEVERABILITY Should any term or provision of this Agreement become null and void or otherwise unenforceable, the remainder of this Agreement shall remain in full force and effect. L. 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' L. Ukiah Redevelopment Agency Attention: Executive Director 300 Seminary Avenue Ukiah, CA 95482 DUPLICATE ORIGINALS Ukiah Main Street Program Attention: Executive Director Ukiah Valley Conference Center 200 South School Street Ukiah, CA 95482 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. IN WITNESS WHEREOF, this Agreement is executed by the Ukiah Redevelopment Agency and the Ukiah Main Street Program on the day and year first above written. UKIAH MAIN STREET PROGRAM UKIAH REDEVELOPMENT AGENCY Board Chairperson ATTEST: Shannon Riley, Redevelopment Agency Secretary LD/ZipAgr Mainst03.Agr Candace Horsley, Executive Director