HomeMy WebLinkAbout2003-09-03 Packet CITY OF UKIAH
CITY COUNCIL AGENDA
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
September 3, 2003
6:30 p.m.
1. ROLL CALL
2. PLEDGE OF ALLEGIANCE
1
INTRODUCTIONS/PRESENTATION
a. Introduction of New Employee: Mary Horger, Purchasing Agent
b. Introduction of New Employee: Kurt Latipow, Fire Chief
c. Presentation by Mark LaRose, Ukiah Valley Medical Center
4. APPROVAL OF MINUTES
a. Special Meeting of July 9, 2003
1
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 decisions of the City Boards and Agencies may
be judicially challenged.
1
CONSENT CALENDAR
The following items listed are considered routine and will be enacted by a single motion and roll call vote by
the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a
citizen in which event the item will be considered at the completion of all other items on the agenda. The
motion by the City Council on the Consent Calendar will approve and make findings in accordance with
Administrative Staff and/or Planning Commission recommendations.
a. Award of Bid for High Voltage Line Clearing and Tree Trimming at Various
Locations Within the City of Ukiah to Davey Tree Surgery Company in an
Amount Not to Exceed $40,000
b. Adoption of Ordinance Amending In Its Entirety Chapter 11, Article 2 Of The
City of Ukiah Municipal Code, Regulating Cable, Video, and
Telecommunications Services
c. Adoption of Ordinance Amending UCC Section 1203
d. Notification of Purchase From Rainbow Agricultural Services For One Utility
Vehicle (Kawasaki Mule) in the Amount of $9,947.44
e. Award of Bid for Purchase of Public Safety Mechanic Vehicle in the Amount of
$14,651.42 to Northlake Ford Mercury
7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
The City Council welcomes input from the audience. If there is a matter of business on the.,~~:that you
are interested in, you may address the Council when this matter is considered. If you ~:~ii~6:"~ ~ on a
matter that is not on this agenda, you may do so at this time. In order for everyone to,~iii~rd, pi:~::!imit
your comments to three (3) minutes per person and not more than ten (10) minutes::~ii~bject. The'~n
Act regulations do not allow action to be taken on audience comments in which?:~i'~ t is not listed on the
8. UNFINISHED BUSINESS
a. Adoption of Resolution Making Appointment ofJnterim ::Gi~Clerk
b. Fines for Noise Related Offenses Under Veb~i~ili~ode a~ ~ity Code
c. Adoption of Resolution Regarding Army C:~i!?~i~'!~jneers and Noise at
Mendocino
d. Selection of Russian River Watersh, Director and Alternate:~::::
gM
NEW BUSINESS
a. Consideration of Approval For A~diti~
b. Presentation of Department Capital Im
c. Report on Impacts of the California State
forQrr Creek Bridge Project
Projects
the of Ukiah
ine Ruelle
a. CQn~ence with sting Litigation
...... ,~ii!iiiii~i~ii~i~ (a) of Gover~ent,C,,0de §54956.9
~,,,~iiiiiiiiiiiii ii?~uelle v'?~ of Ukiah, M~~~' County Superior Court Case No.
The City of Ukiah complies with ADA requirements and will attempt to reasonably
accommodate individuals with disabilities upon request.
RUG-29-2003 09:22 ?0?4634245 ?0?4634245 P,02×02
.
COUNTY OF MENDOCINO COUNTY OF M~4"DOCINO
Michael DeIbar Ri~ .d,,,~Raker
Phil
Baldwin
Fimt District Supervisor ...... .,..!:'.i:::;~!,;:~¢:,~t:~t~ciS~.!:.?- .... Ukiah City Council
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a. Jo,nt Workshq~;".B~¢en~r~e!i::Ugi"ah '~y',Sanitation:'?;Oi:.s,,tt~'.ct; and the Ukiah City Council:
Discussion afid,;i:~i01~ibi.~i!.'.:Actiori::!::iR'~[ati;~'~:.i~0~,~e':...~i~li(.~'.~it~r Treatment Plant Upgrade
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a. Public Expression
Thc Board welcomes participation in Board mc~ngs. Comments shall be limited so that everyone may be heard This item is limited to
roarers under the jurisdicrion or,he Board that are nor on the posted agenda and items, which hav~ nor already ken considered by the
Board. The Board limits testimony on matt~s nog on the agenda to 3 m/nures pet' person and not more than 10 minutes for a particular
s~bject. No actio, will be takm
b. Announc, om~nt$/Oth~r Business
¢. $~t th~ N~xt M~otin~ of th~ Ukiah Vall,y Sanitation District
d. Adjournment
TOTAL P.02
WASTEWATER TREATMENT PI.ANT
IMPROVEMENT PROJECT WORKSHOP
for
CITY OF UKIAH
and
UKIAH VAIJLEY SANITATION DISTRICT
Date:
Time:
Location:
Purpose:
September 3, 2003
4:00 p.m. to 6:00 p.m.
300 Seminary Avenue
Ukiah, California 95482
The purpose of this workshop is to provide an update on the status of the Ukiah
WWTP Improvement Project and present the results of the design studies, in
particular the current plant capacity, plant optimization recommendations, sewer
collection system inflow and infiltration study, and effluent storage requirements
and recycled water use study.
Agenda Topics:
Wastewater Treatment Basics
NPDES Permit
Existing Plant Analysis
Plant Capacity
Plant Optimization
Infiltration/Inflow (I/I) Analysis
Design Criteria
WWTP Improvement Project
Effluent Storage Requirements
Recycle Water Use Study
Rate Analysis
WASTEWATER TREATMENT PI.ANT
IMPROVEMENT PROJECT WORKSHOP
for
CITY OF UKIAH
and
UKIAH VAI~LEY SANITATION DISTRICT
Presentation Material
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
Exhibit "F"
Agenda
Report on "Summary of Technical Memoranda for
Wastewater Treatment Plant Improvement Project"
Presentation Handouts
Additional Presentation Material
Comparison of Monthly Sewer Charges and Connection Fees
Article on "Basic Wastewater Characteristics"
AGENDA SUMMARY REPORT
ITEM NO. 3a
DATE September 3, 2003
SUBJECT: INTRODUCTION OF NEW EMPLOYEE - MARY HORGER, PURCHASING AGENT
I am pleased to introduce to the City Council and the community, Mary Horger, who has recently
been hired in the full-time position of Purchasing Agent. Mary is replacing Nora Kennedy, who will
be retiring at the end of September.
Mary brings to us over ten years of experience in the purchasing field. The last position she held
was Purchasing Manager at Retech, here in Ukiah.
Mary enjoys the challenges that purchasing brings, and the opportunity to assist departments in
finding the items they want at the lowest possible cost. Mary looks forward to using her skills to
the City's best advantage.
Mary currently lives in Willits with her husband Chris, and their two children Brent (10), and Katie
(4). She is a member of the Soroptimist Club in Willits and is the 4th of July Parade Chairman for
Willits' Frontier Days. She is also a member of the Willits Fire Department Ladies Auxiliary, where
her husband is one of the volunteer Captains, with almost 14 years of firefighter experience.
Please welcome Mary Horger, Purchasing Agent, to the City of Ukiah team.
RECOMMENDED ACTION: Council welcome Mary Horger as the City's new Purchasing Agent.
ALTERNATE COUNCIL POLICY OPTIONS: None
Citizens Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
N/A
Gordon Elton, Finance Director
Candace Horsley, City Manager
None
APPROVED:
Candace Horsley, C anager
AGENDA
:['I'EM NO: 3b
MEETING DATE: September 3, 2003
SUMMARY REPORT
SUB3ECT: INTRODUCTION OF NEW EMPLOYEE: FIRE CHIEF KURT LATIPOW
I'm very pleased to introduce Kurt Latipow to the City Council as the City of Ukiah's new
Fire Chief. Chief Latipow has had extensive experience over a 25-year career, not only
with municipal fire departments, but also with fire districts and as an instructor for the
University of California. Chief Latipow's most recent experience is with the State of
California Governor's Office of Emergency Services, Fire and Rescue branch. In that
capacity, Kurt was responsible for preparation and oversight of multiple agreements
relating to State-wide mutual aid and with interstate Federal fire agencies. He was also
the point of contact for legislative analysis relative to fire service issues and
development and implementation of a variety of fire service programs and procedures.
(Continued on page 2)
RECOMMENDED ACT?ON: Welcome Chief Latipow to the City of Ukiah.
ALTERNATIVE COUNCIL POLICY OPTIONS: N/A
Citizens Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
N/A
Candace Horsley, City Manager
N/A
None
Approved:
Candace Horsley, City IV~nager
4:CAN/ASR.ChiefLatipow.90303
Chief Latipow is a four-year graduate of the Executive Fire Officer Program, a qualified
division group supervisor, certified operation section chief, qualified strike team leader,
and California State Hazardous Materials Specialist. Chief Latipow has also been a
certified paramedic since 1974 and has extensive staff supervision, budget, and
administration experience. He has a wide operations knowledge of field incidents for
fire, hazardous materials, incident command, law enforcement, emergency medical,
wild land/urban interface. He is also qualified in building and life safety code
development interpretation and enforcement. Chief Latipow has developed and
coordinated comprehensive automatic aid programs with surrounding jurisdictions, has
restructured an all-encompassing fee-for-service program, and created a hazardous
materials area plan for a variety of the agencies for which he worked.
In addition to Kurt's field and regulatory expertise he also possesses a sound
background in budget development and fiscal oversight. He has developed and
implemented program and objective based budgets and cost recovery fee-for-service
programs.
]:t is my pleasure to introduce Fire Chief Kurt Latipow to the City Council tonight as a
distinguished new member of our team.
AGENDA
1TEM NO: 3c
MEE'I-[NG DATE: September 3, 2003
SUMMARY REPORT
SUB3ECT: PRESENTAT]~ON BY MARK LAROSE FROM UK]~AH VALLEY
MEDI'CAL CENTER
Mark LaRose will be making a Power Point presentation to the City Council regarding
Ukiah Valley Medical Center's status and master plan. This presentation will take
approximately 20 minutes. Mr. LaRose is prepared to answer any questions the Council
may have about the hospital's long range plans for service enhancements and facilities.
RECOMMENDED ACTTON: Receive presentation.
ALTERNATTVE COUNCI'L POLTCY OPTI'ONS: N/A
Citizens Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
Mark LaRose, Ukiah Valley Medical Center
Candace Horsley, City Manager
N/A
None
Approved:
Candace Horsley, Ci~ Manager
4:CAN/ASR.UVMCPres.90303
ITEM NO. 6a
DATE: September 3, 2003
AGENDA SUMMARY REPORT
SUBJECT: AWARD BID FOR HIGH VOLTAGE LINE CLEARING AND TREE TRIMMING
AT VARIOUS LOCATIONS WITHIN THE CITY OF UKIAH TO DAVEY TREE SURGERY
COMPANY IN AN AMOUNT NOT TO EXCEED $40,000
Included in the 2003/04 Budget, Account No. 800.3728.250.000 is $40,000 for tree
trimming. Bid packages were sent to nine tree trimming contractors. Two bids were
received and opened by the City Clerk on August 21, 2003 at 2:00 p.m. Davey Tree
Surgery Company submitted a bid based on an hourly rate of $147.00 for a three-person
crew. Family Tree Service submitted a bid based on an hourly rate of $160.00 for a three-
person crew. Davey Tree Surgery Company has provided all required documentation to
verify high voltage line clearing experience as required in the bid package. The appropriate
insurance has been provided. Therefore, staff recommends that the bid be awarded to the
Iow bidder, Davey Tree Surgery Company, in an amount not to exceed $40,000.
RECOMMENDED ACTION: Award bid for high voltage line clearing and tree trimming at
various locations within the City of Ukiah to Davey Tree Surgery Company in an amount
not to exceed $40,000.
ALTERNATIVE COUNCIL POLICY OPTIONS: Reject all bids and provide direction to
staff.
Citizen Advised: N/A
Requested by: Stan Bartolomei, Electrical Supervisor
Prepared by: Judy Jenney, Purchasing & Warehouse Assistant
Coordinated with: Candace Horsley, City Manager
Attachment: 1. Excerpt from the 2003-2004 budget, page 1.
APPROVED:
Candace Horsley, City M ager
mfh:asrcc03
TreeTrimmingAgenda Report
MINUTES OF THE UKIAH CITY COUNCIL
SPECIAL MEETING
WEDNESDAY, JULY 9, 2003
The Ukiah City Council met at a Special Meeting on July 9, 2003, the notice
had been legally noticed and posted, at 3:00 p.m. in the Civic Cer
Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken
Councilmembers were present: Rodin, Andersen, Smith, Baldwin,
Staff present: City Manager Horsley, City Attorney Rapport,
and City Clerk Ulvila.
2. PLEDED OF ALLEGIANCE
William Randolph led the Pledge of Allegiance.
3. RIGHT TO APPEAL
Mayor Larson read the appeal process.
4. AUDIENCE COMMENTS ON
James Mulheren, Chairman of the Planning
Commission's recent decision concerning the Nix
Councilmember Baldwin who was not in attendance
meeting.
discussed the Planning
that was appealed by
Plan ' Commission
Pat Stefani, 225 Washin¢
phone access to City
City Manager Horsley explained
~lained that she
like to see better
Michael DeckarE
with reCent City Council actions.
Christo
a City
the issue of filing a complaint against
Cit~
specific
for conducting
of officers.
Council should not take complaints against
Officers by name, and described the process
ncil from his seat in the audience.
Mayor s outburst out of order. He requested that the record
should ~sell would be making a general statement.
Mr. Russellili~plained that there is one Police Officer that has been harassing him
consistentlyi~er the past five years. He attempted to describe the incidents.
advised Mr. Russell that he would not be able to continue in that vein.
ger Horsley offered to assist Mr. Russell in addressing his complaint.
Special City Council Meeting
July 9, 2003
Page 1 of 11
Richard Johnson, Alliance for Human Rights, discussed the alleged conduct of an
Ukiah Police Officer.
Mayor Larson ru led M r. Johnson out of order.
Robin Thomas advised that she is a past member of the MendD~i!~b Count~
Commission on Human Rights and spoke to Council regardiqg?~,,,,,,~~ints of
accusations of excessive force, harassment, and threats of retaliatiOns?if pe~l~::, made
complaints against Police Officers.
City Manager Horsley explained that staff would appreciate~,~,,i~dividuai~'~i! ing forW~;~
who could present facts to the Police Chief and work iiii',iii?~i~ rega~'~i~:~g details
specific situations.
......................
5. MINUTES .... ::: ::::::::::::::::::::: ::~:~?~::~ ....
Sa. Regular Meetin~ of May 21,2003 ................. :~: ....................
City Clerk Ulvila noted a correction to page it should read, ""It
was the consensus of the Council to look at March target election date to
present the measure to the voters."
Councilmember Rodin noted a CQ,[[ection to page 5 in the that the first
sentence of Mayor Larson's, state ?~i~:?,~¢uld be deleted
Mayor Larson concurred ~ii~:~"~i .......... ...... observai~i~:.
Councilmember Baldwin noted a~ii!~i[recti~ii~:' page ninth paragraph should
read, "Motion failed by the following r~ii?~Ca!liii~e: ~ Larson ..."
M/S Anderse~~i!~proving the '~ular Meeting Minutes of May 21, 2003, as
amended,~ ~::~d bY::~'~':~i~,~following rol'j!i ~l:[~!~te: AYES: Councilmembers Rodin,
Anderseniii ~ldwin, an~iii~ayor Larson. ~:!:::::::~!~'$: None. ABSTAIN: Councilmember
Noneiii~;~:~:::~?,:'?::::::::
3:15 p.m.: meeting.
NG
~ced Ordinance Amending Articles 3, 4, 5, 6, and 8 of
of the Ukiah Municipal Code Pertaining to
~ntial Dwelling Units-
Planning ~i~ector Sti p advised that at its last meeting, the City Council conducted a
Public Heari~'~and introduced an Ordinance amending the Ukiah City Code regulations
for residenti~i!i~econd dwelling units, as the Planning Commission recommended. They
indic~I that they might want to bring it back and modify it before formally
.jti:~??~: July 16th. The City Council identified a number of issues that it wanted to
The Staff Report contains additional information and examples of how
Iies have addressed those issues. He recommended that Council
co~be the public hearing, and go through each item, discuss them, and make a
debision on whether or not they want to modify the Ordinance on that topical area. He
Special City Council Meeting
July 9, 2003
Page 2 of 11
inquired of Council as to the procedure staff should follow if it were to receive a Building
Permit for a second unit before the Ordinance is formally adopted
adoption of the Ordinance).
Public Hearing Opened: 3:25 p.m.
(30 days after
Mayor Larson explained that the present situation to the audience ~andate
concerning second unit dwellings and how it affects the
concerning discretionary review. ~,,~,~,~i~i~i~i~i~i~i~,~,
Councilmember Baldwin was appreciative of staff's resea~¢h,:and recommended t~Atiiiiiiii!i!!!ili:~,,~,
the City look to the cities of Davis, Healdsburg, and Portol~iiii~ii~,~,~,for ide~!'~
Cou cdmember Rodin explained that s~nce the sta[eiiiiiii~as taken away the C~ty s nght
discretionary review and wants to make it ministe[~ii iiCi'he is n0t~,~,,comfortable making th~?
standards for second units so high that eve~~!icant ha~ ~9~:~go through the Use
Permit and discretiona~ review process in ord~:~~eir ~~unit approved. She
felt that the City should be able to find a balance thr~~tectural compatibility and
some of the other parameters. ~'~ ~
as possible.
GENERAL COMMENTS
ordinance were
John M~
develop sE
housin(
surrol
Peter G~
height limits
Councilmember Smith expresse~,:.~,,.:bis belief that the PI; conducted
a good review of the Ordinance ~i~ii?~i!iS~,~:~:~Upportive of their )n.
Councilmember Anderse~iii~pr~ed a~'~'~"~:~'::~~i~ii~i?~i~::,~,preservi~"~ii:?:~'~s much local control
received ?:!ii~miiiiii~ audie~~:~'' ref;larding a second unit
9d that he:'~:~::'~ngly supports making it easier for people to
City does n'~ ~ii:'additional provisions for people to find
urbanized'?:~ii~i~i::~:'~":' then additional pressure is put on
~Council support private property rights and that
established so as to not infringe on a neighbor's privacy.
Ukiah, expressed concern with traffic congestion and
increase in population can change the character of a
neig ,~: ~::~:~;~,,~?,iii i ~: i'?~:'''
....
William Ra'~lph, Ukiah, noted his concern for traffic congestion as it may affect or
impede acc~i by emergency vehicles.
~::!i'~i!??~iiiiii!?~nie Fin~iii~i:scussed his concern with the lack of affordable housing in Ukiah and that
,::~::i:~:~:, :n~;?~iiiii~::' housing limits the development of Ukiah. He is opposed to an owner
o~ ~y requirement and felt it is discriminatory.
Special City Council Meeting
July 9, 2003
Page 3 of 11
Phil Ashiku, 724 South Dora St., Ukiah, was of the opinion that the Use Permit process
currently in place works and establishes the safeguards that ensure that the public has
an opportunity to make certain that mitigations are in place to regulate the impact~::,Qn a
neighborhood or general area. He recommended that Council adopt
standards that provide for the protections that are provided for through the,::~:,~::~Pe:~?
process. ....
Pat Stefani voiced her support of the owner occupancy re~:~eni:'!'??~d felt
homeowners make better property managers.
Jim Mulheren, Ukiah, was of the opinion that the City:??~ouncii'~'?:~uld prom~
affordable housing and move fo~ard with easing the r~i~i~ns so t~?~t people are
able to build a second unit.
Councilmember Baldwin noted if the City were te ~Sider e~:ry 5,000 square foot
eligible to have a second unit, the environ~~~[~i~pacts '?:~]~ be immense. He
inquired if staff is aware of any jurisdiction that~:~U:¥~?~p El~::~hese revisions.
Planning Director Stump advised that he is not aw~/e~:~:::~:;~D~ any and noted that the
majority of cities are categorically exempting the revision~~?~ use tb~[e is a specific
catego~ in California EnvironmeD~l Quality Act (CEQA) ailing :~:~?~ project to be
exempt from CEQA if it has tQ~?~:~~h~:~[~vising an ordinance::~ ~als with second
units. Most cities are relying~:~?~~~:~::~ ~D.~., He went on::~ ~'~cuss discretionaw
Councilmember Rodin inquired a~?~the.~=~::~~:nt'~: :' '~'~':~:'~'~' '°f~~:'~:~':~':~ :~:~':":::":'":':~:'"':: unit applications that the
Planning Depa~ment has received d~g~:Past five~?~'rs.
Planning Dir explained th~;~here have been less than six.
The Cit:~?:~ncil review~?:~he~,~,~: nine issueS~ ~:in the Staff Repo~.
City gal opinion regarding recent cou~ cases
conoerning ocoupancy issue. He discussed a cou~ oase that involved a
~.~irement th~ of the seoond unit be related, family members, or
[ for the prinoipal unit and the oou~s struck it down on both
priva:~:~ equal rounds. You can't tell people whom they oan liv~ with in
terms o~::~ing' onship to other people on the prope~y.
Requiring t~wner to ocoupy one of the two units on a prope~y is a different restriotion
from the re tion that was struok down in those cases. The City would not be telling
~:~:~::~::the prope~ ~ner who he can live with, but requiring the prope~y owner to live on the
:::~:~?~:::~:~:~oPe~y::i~:~ey want to have a second unit. Most of the ooncern in the recorded
~O~i~io~~d to do with disorimination against renters or an unstated assumption that
r~~ ~::~:e less desirable than owners, wouldn't take as good care of the prope~y or be
go~?~eighbors, and may degrade the quality of the neighborhood. The oou~ did not
thin:k that was a valid consideration or make those assumptions.
Special City Counoil Meeting
duly 9, 2003
Page 4 of 11
He discussed court cases that were upheld with a restriction on use rather than status
or identity of the property owner. He noted that the state legislature has said tha~:,,~w,~er
occupancy is okay. The City of Ukiah could rely on that judgment.
doesn't mean that the City's ordinance couldn't be challenged. He thoug~ii ~':'is I~
vulnerable on privacy grounds because it's more of a restriction on use tb~ii~e identi~;:'':
of the occupants. It still would need to be defended on equal protec~i~?'ii~:~ds and
the City would at least have to articulate the reasonable basis for ha~i~:'~:~'~hat"~triction.
He stressed that the City has to have a rational basis for its poli~..~d it haS':':'~be a
l e g it i m at e g over n m e n t a I p u r po s e t h at it i s s e e k i n g t o pro m ct e.
Mayor Larson discussed his the perception that an owne~:?,i,,:~~:,~:.a sec~ unit may b:~'~
involved in a commercial enterprise to generate additio::~!!i!i~o~i
Councilmember Baldwin explaine,d that the fi~:~::' could::::ii~e made that it has th~
potential to transform all of the City s single-fA~i~eighborh~ in terms of parking,
traffic, crime, noise, and privacy. Because ~:~:i~i!~i::,,!~:~?~ii?i~ou!~?~::~?~i:~ii::~:granting of special
privilege because it would change the community so r~dii~li!~!~: The argument for having
the owner occupied requirement is that you want to avoi~'::~::i~9:~rs who do not care about
the quality of life in the neighborhood, and construct the se~d~::~unit
Councilmember Smith inquir~i!ii~!i i,~i~,ii~uld be a requireme~iii~~::' on the buyer of
property with an existing sec~ii~ ~'~ii~iii~,~B..:St occupy the ~,~i~Ary residence.
City Councilmember Flodi:~':'::~::::inqui~iiif someg~l ??~,~ ~uy property with the intent
of renting both units, would they?~ res~i~"~d beC~:"~:"of the owner occupancy
r eq u,r e m e n t. ::":~:ii
............. :::::::::::::::::::::::::::::::::: ........ :::~:i~:ii~i~:iii~::i;ii~:ii~i~ii~i~:ti~
City Attorne:~iii~,ili iiii?,~:~esponded t~i~ i:if that was the way the owner occupancy
requiremeB~ii~ii~A'~ wri~iii?~!i:~they would ~:~,i,,~iii?occupy one of the units when they
purchas~iiii~e propert~iiii!i~ they could ~ii~Ate the second unit as a rental. He
expl~,,i~!iiii!~at he is.::,~,~..:..~ware of a :'~ that addresses the owner occupancy
requiF~::ff~i~trictig~iiiiii ii~~i~i~: ~ involved requiring the occupant of the second
unit to be r~i . ~iiiii~"o~'~::~'~!iiii!~i!i~i~e primary unit and the courts struck down that
case.
A ~e~,ii!~explained that one of the goals of the Housing Element in
the Plan is I~'~ ~ of existing stable residential areas. He stated that he
und, he City ~ey's concerns about discrimination but thought it would be
aPl the C~'cil to require that an owner occupy one of the buildings on a
piece of ~. He felt there is great concern in the community about the decay of
neighborho~~: because neighborhoods decline when there are fewer people who own
their home~ iiVing there. He felt that Council needs to take the owner occupancy
'~.::~:',~: ?~equiremg~'?:~ery seriously in relation to what the General Plan says.
'i:~iiii~!~aking against having an owner occupancy requirement were' Phil Ashiku,
Jo~ii:"~i~cCowen, Peter Good, and Marlene Werra.
Special City Council Meeting
July 9, 2003
Page 5 of 11
Discussion followed with regard to loan documents whereby an owner agrees to live in
a home they purchase. This may be difficult to enforce.
Councilmembers Baldwin and Andersen were supportive of an owner o:~~¢y
requirement for second units.
Councilmembers Smith and Rodin were opposed to the
r e q u i r e m e n t.
Mayor Larson inquired if the City Council could enforce, through a~"~:ili~endment
ordinance, and apply existing commercial nuisance and pr~:.¢y mai~b8nce existi:~
ordinances to rental property in the City of Ukiah ~.:~,i~i '~?'ii~: '~'~?~::::
City Attorney Rapport responded that the impose a maintenance.~:~:
requirement on residential as well as commercial
at a different meeting than this one since it is n~
Mayor Larson advised that until there is adequate
but?it:would have to be done
this
for the City to enforce
It was the consensus of the
occupied.
property maintenance stipulations on rental property, ~i~i~i~:uld be supportive of the
owner occupancy requirement.
cil to not require s~~ i~?'~"its to be owner
2- HEIGHT LIMITS
There was discussion by Council
limit:~::~:=~,~:::=~.::,.::.::.~.,,..,~.., several recommendations
were made. .~ :.~:::~ii~!!!!ii!ii~~::~:'::''
John
McCow,~ii~ii~.e opinion thaf~e existing ordinance is adequate for attached
units, up ta:.~i~oot h'~, A detached':?~it .~Uld have a separate standard, such as
that there shall be a maximum height for
second uniti may be approved through the discretionary
review
Col
600
square fez
a~
anded 500 square feet for a 5,000 square feet lot,
uare feet lot, or 10% of the lot size up to a maximum of 700
Phil Ashik~ ~ohn McCowen, and Pat Steffani recommended that the City Council
consider ke~i~ng the existing standards and that if it has no impact on the neighbors, it
be,,i~,i~·=~o of the lot size up to 1,000 feet. Mr. Ashiku voiced his support for the
review process for second units, while Mr. McCowen disagreed and
allowing for a range of options for the developer.
Special City Council Meeting
July 9, 2003
Page 6 of 11
Discussion followed with regard to the size limitation for second units and the
discretionary review process. Lot size and lot coverage were discussed in relation to
the size of the second unit and the primary dwelling on a lot
Mayor Larson was supportive of minimal square footage requirement of~:.8~0 SqU~e
feet and also supported a 10% of the lot size with a 700 square foot cap ....
John McCowen and Phillip Ashiku spoke to Council on the issu~:::~"~d ~i~:~,:~.their
support for a cap on the size of second units at the upper limit.
Brian Manning addressed the City Council and voiced his Qp~sition'::~ ~ving a 1,~
square foot cap on the size of the second unit after g~i~ii ~[ough ~'~'~::~iscretiona~
review.
Councilmember Rodin suggested using the cu~ but reduce the second
unit size to 750 square feet and not have a limil a~ ~e~iew.
Councilmember Baldwin suggested 350 sqUare fe~:~ ~:~i~:?~:~':i000:Square foot lot, 450
square feet on a 6,000 square foot lot, and 550 square?: ~,on a 7,000 square foot lot,
and anything else than would require discretionary review. ::::~'~"i'~'i ~:??,,;~:: .....
Dave Hull expressed his conce:~ii~ili~i~estricting the size of the"'"::~';~~i~'"'Unit to such Iow
square footage that the dwe!,,~iiii~:~'~'~i~iiii~iiiii~QQ, small to affect~i~ help the housing
problem in Ukiah. He alsoi,,?~r d co'~::~i~ii~b ~be cost ~{~;'~';ii~'Uilding a second unit
and the cost of a Use Permii'''if disC~::~onary re:~i~'i~"~ii~
Phil Ashiku suggested that the siz~'~!;~!~e¢~l"~:ns~; be ~~ on a certain percentage of
the available sp~i,,~,,~,,,,~,,:..the yard. He::~ii~:~""::":"suggested:'"'::'";":~ouncil incorporate the existing
standards of !::~ l~ii~t coverage. :':~':'~'!iiiiiil;
There ~ ?~:°nsiderabi~iii~iscussion c°~~!~: with regard to what would be the
ap ' for se~ units in re!.at~?'~° the lot size. The existing requirements
w{ should be made. Council presented several
sugg
owner in the western hills, felt it should be based on the size of
It was ~e Council that the maximum size of a second unit shall be
10% of th~ ~,size a maximum of 750 square feet. Larger units may be approved
through the '~retionary process.
4-ARCHIT~URAL COMPATIBILITY
~?~:~ii!iii?iii?i'i~uncil her Rodin suggested the follo,,wing wording for the second paragraph
";~"': r i~eading in the staff report to read, Second units may be attached to existing
si~:: ~ily residences or detached as separate structures. Regardless, all proposed
s~~::::::::::::::::::::: units should be architecturally compatible, and have design continuity with both
the:"existing homes in the neighborhood and the existing primary unit on the property.
Special City Council Meeting
July 9, 2003
Page 7 of 11
The second dwelling unit shall incorporate the same or substantially similar
architectural features, building materials, height, and colors as the main dwelling
unit or compatible dwellings located on adjacent properties. Architecture~not
similar to the architecture of the principal dwelling or adjacent properties~J~t
is to discretionary review."
Discussion followed with regard to the recommendation, espe~i~i~i?' ~ncerning
reference of "height" in the statement.
It was the unanimous consensus of the City Council to appr~i'Councilm~e[
Rodin's recommendation.
Recessed: 5:32 p.m.
Reconvened: 5:40 p.m.
5- YARD SETBACKS
Pat Stefani preferred a 15-foot minimum
may be built.
story unit that
Phil Ashiku commented that he agrees with the recomm,
the items with the exception of ~9.
John McCowen was of th~
second story units and for
for ~e remainder of
setback for
Discussion followed relative to th~
recommendations.
considered several
It was the cl
the existin~
for a tw~
unit
of 1
yard setb;
units sh
five feet,
City
but
minimum
rear yard
that the front yard setback be the same as
than five feet. The side yard setback
rear yard setback for a single-story
for a two-story unit shall be a minimum
zoned parcel, then the side and rear
adjoining parcel.
CESS DRP WIDTH
note Director Stump has worked with the Fire Marshall on
this their ~ns are included in the staff report. Of particular
concern the ab get to a potential fire on a property with emergency
equipmen~:!i'~'~ii:~! i:~i:': ,
I~ was the ~"sensus of the Council that to approve staffs recommendation of
Drivewayii~cessing second units shall be setback a minimum of five feet from
ii~PY stru on an adjoining parcel that has a bedroom adjacent to the proposed
~'~'":~'::~ e ?The minimum width of a driveway serving a second unit shall be 18
f~::i~ss the City Fire Marshall determines that adequate fire protection can be
p~ided to the second unit even though the driveway has a width less than 18-
feet.''
Special City Council Meeting
July 9, 2003
Page 8 of 11
7-PRIVACY PROTECTION AND LANDSCAPING REQUIREMENTS
Mayor Larson discussed second story windows facing onto another pro
and considerations for privacy protection. He felt that second story window~
onto an adjoining property should not have a view onto that property
apply to second units.
:ard
Discussion continued with regard to the wording of staff's recomme~
It was thought that the language would cover both ministerial and
Councilmember Baldwin recommended adding
dormer.
Planning Director Stump and the City Council
and discussed how Councilmember Baldwin's
into the wording. They also discussed ministe~
these items.
: i
recommended wordingiiiiiiiiiiiiiii!iiii!!iii?
could be incorporateSiiiiii?;~'~
discretiona~ review as related to
It was the consensus of the City Council that the wd~d!~g:::.should be, "Any balcony,
window or door of a second dwelling unit shall utilize tech'~:i~es to leben the privacy
impacts onto adjacent properties, These techniques maY::':::~?'ii~!u~de~i~i~ of obscured
glazing, window placement abo::~i ~i !e~.E or locating balconi~i ~i~'dows and doors
toward the ex~sbng on-s~te B~ .... ~ In add~bon, tree~:,':','Shall be planted and
maintained in a viable conduit6 6~ ~e pro where :~'propnate, to preserve
the privacy of neighboring p~perty:
8-EXCEPTIONS iill
Councilm~ discussed n~
may be in Ukiah
setback fr( prop~ line becau~
parking
PI~
any of the
g a m~n~mum setback because there
it wouldn't be an issue to have a five-foot
properties are businesses or a
the introduced Ordinance provides relief from
process.
Attorney
by
rt discussed the difficulty of making findings for the situation
Rodin just because of the location or shape of the
er sen suggested there be a 10-foot minimum requirement only in
districts and discretionary review for other zoning districts.
suggested that it read that discretionary review could provide for
parable to the adjacent property zoning requirements.
consensus of the City Council that there should be setbacks created
th discretionary review, observing the adjacent property zoning requirements. At
a minimum, the setbacks that would be required would be the same as required of the
Special City Council Meeting
July 9, 2003
Page 9 of 11
adjacent property. There would be a 10-foot set back in the R-1 zoning district and five
feet in other zoning districts.
It was the consensus of the City Council that unless otherwise indicated,
the set criteria and standards may be pursued through the Use Permit proceS~ii??~
9- EXC LU D I N G SEC O N D U N ITS F R O M S P ECI F IC AR EAS
this issue in?,'::,'~is
Mayor Larson inquired if Council wants to deal with ordinance or
within the enabling ordinances of the specific zonings or overlay zo~!~s. He w~i~ ~nto
describe various zonings and overlay zonings.
Councilmember Baldwin was of the open,on that ~f CQ,~:'l':=~.',ii~,~s not address t ese~: :~
issues at this meeting, there should be a moratorium.:~,,~or~:~,i'Pending adoption of
the Hillside Zoning Ordinance. He supported disc[~i~=':~ry revi~V~ for second units if
they are invisibly from the freeway and for a~'~'g ove['!i'/i~iT:50 square feet in th~
ministerial review, and for every 500 square:: i~bove th~t either a dedication of
easement, open space, or a fee paid into ~::~:~ ;~Sp~::~":~:~uisition Fund. He
referred to the Western Hillside Constraints Analysi~:~::~:~'?'i~(~:~':~=nd felt it provides all the
findings Council needs.
Discussion continued relative to
Hillside Ordinance and if
effective.
It was the consensus of "~ounCiilili!!!!~o not
o rd i n a n ce ~ ~:":~:~:'~'~'~
Phil Ashiku vo~c( upport of the !~nsus of CS:'~:~ncil.
issue. Other issues diS:~~d::~,,,~'~ review of the
for a second unit pri°~iiii~ii~i~'~:~ordinance being
zoning districts in this
City
Council
later.
until
2003 has
,ised that sta~o~!~!!iibring the revised ordinance back to the
July 16th meeii~.i~iii~d~'~'~ '"'"- then it would go into effect 30 days
received or peking, that is subject to the existing ordinance
any application that was received after July 1,
ic Hearing Ci~: 6:24 p.m.
M !rra, Pete? ?and John McCowen briefly addressed Council relative to
the of seco~i~ii~¥ts.
M/S Smith~in Amending the previously introduced Ordinance in compliance with
the City CoUnCil's discussion, amending Articles 3, 4, 5, 6, 7, and 8 of Chapter 2 of
Division 9 :~ning) of the Ukiah Municipal Code pertaining to residential second
u!~i~s, and directing staff to agendize it for adoption at the July 15, 2003 City
!cil:?~iiii~::bting, carried by the following roll call vote: AYES: Councilmembers Rodin,
Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None.
Al None.
Special City Council Meeting
July 9, 2003
Page 10 of 11
Planning Director Stump explained that there is a pending building permit for a
second unit and asked clarification from the City Council if the permit should be issued
under the existing second unit regulations currently in effect or should it be held ~ntil
the introduced ordinance is formally adopted and goes into effect. Mr. Nix sub
application last week for a second unit and he has received Planning
approval for a Use Permit. There is also an appeal of that decisie~i It is hi~
understanding that Mr. Nix is willing to withdraw his Use Permit and pu~S~=~= building
permit ministerially. ........
Councilmember Baldwin voiced his opposition and noted that Mr?~i~: applied
the old system and the appeal of that under the old system:,,:~]i!,ows t~ i~iitY Council ~0
consider it on appeal .....
City Attorney Rapport explained that under this :J~i~'i~:~tion, ifihe City receives
application after July 1, 2003, it is required ::::::::::::::::::::::::::::::::: ...... ss it::?,ministerially. If Mr. Ni~
submitted an application after that date, he is have"::~ ~ensidered ministerially
and did not think that there is any req act on the
application prior to August 16th, If it were not finall'
would be subject to the new ordinance and any pending
Planning Director Stump explai
his Use Permit application and
that was submitted after Jul~
City Attorney Rapport noted
is no other permit pending at this
and then the building permit would
existing
M/RC An~
second u~iii:~'~rdinance
the C.i~ ~Uncil at this
the ~::' ~::~i~gnce
Councilm~
ABSTAIN:
prior to August 16th, it
would too.
N(
9 CLO~
None.
10. AD,
~ere bei
that Mr. Nix has indicati
hat entitlement but
,iew for a second~.~it.
withdraw
building permit
uirement, because there
apply for a building permit
plans that complied with the
that anyone?~iiiiii?~t.,~::~:~!~lied': !i~: ~,~:. for a building permit under the
July 1, 2003,~"!"'~id be held to the standards identified by
and shoUi~!iii~e held until August 16, 2003 at which time
by the following roll call vote: AYES'
Baldwin, and Mayor Larson. NOES: None.
Smith. ABSENT: None.
NCIL
SESSION
CLERK REPORTS
o further business, the City Council meeting was adjourned at 6:29 p.m.
M
City Clerk
Special City Council Meeting
July 9, 2003
Page 11 of 11
ITEM NO. _ 6b
DATE: September 3, 2003
AGENDA SUMMARY REPORT
SUBJECT: ADOPTION OF ORDINANCE AMENDING IN ITS ENTIRETY CHAPTER 11,
ARTICLE 2 OF THE CITY OF UKIAH MUNICIPAL CODE, REGULATING CABLE, VIDEO,
AND TELECOMMUNICATIONS SERVICES
At the August 20 meeting the City Council introduced the ordinance amending Chapter 11
of the Municipal Code, regulating telecommunications services within the City of Ukiah.
Staff is returning the proposed ordinance to the Council at this time for adoption. The
ordinance was unanimously introduced.
RECOMMENDED ACTION: Adopt ordinance amending in its entirety Chapter 11, Article 2
of the Ukiah Municipal Code, regulating cable, video, and telecommunications services.
ALTERNATIVE COUNCIL POLICY OPTIONS:
1. Determine adoption of ordinance is inappropriate at this time and remand to
staff with direction.
Citizen Advised: N/A
Requested by:
Prepared by:
Coordinated with'
Attachment:
N/A
Larry W. DeKnoblough, Community Services Director~3~)
Candace Horsley, City Manager and David Rapport City Attorney
Ordinance for adoption
ndace Horsley, City Manager
CableordinanceAdoption.Asr
LD/ZIP2
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF UKIAH, AMENDING IN ITS ENTIRETY
CHAPTER 11, ARTICLE 2 OF THE CITY OF UKIAH
MUNICIPAL CODE, REGULATING CABLE, VIDEO,
AND TELECOMMUNICATIONS SERVICE
THE CITY OF UKIAH DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 11, Article 2 ofthe 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 1
1884
1885
1886
1887
1888
1889
1890
1891
1892
1893
1894
Franchise application processing costs
Franchise fee
Contents of cable television Franchise
Breach of Franchise; grounds for assessment of penalties and
Franchise revocation
Procedure for adjudication of breaches of the Franchise
City Council hearing procedures
Hearing officer procedures
Penalties for breach of the Franchise
Alternative remedies
Removal and abandonment; purchase of system
Receivership and foreclosure
Design and Construction
1895 Undergrounding
1896 Use of poles
1897 Construction standards
1898 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 rights
1916 Continuity of service mandatory
Open Video Systems
1917 Applicability
1918 Application required
1919 Review of application
1920 Agreement required
Other Video and Telecommunications Services and Systems
1921
1922
1923
Other multichannel video programming distributors
Video providers-registration; customer service standards
Telecommunications service provided by telephone corporations
737846.1 3
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 ora
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:
.
o
.
A facility that serves solely to retransmit the television signals of one or
more television broadcast stations; or
A facility that serves Subscribers without using any Public Right-of-Way;
or
A facility of a common carrier which is subject, in whole or in part, to the
provisions of Subchapter 1I 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 54 l(c)) to the extent such facility is used in
the transmission of video programming directly to Subscribers, unless the
extent of such use is solely to provide interactive on-demand services; or if
such facility is used to provide Cable Service, whether on a common
carrier or non-common carrier basis, directly to customers; or
An Open Video System, as defined below, that complies with 47 USC
Section 573; or
Any facilities of any electric utility used solely for operating its electric
utility systems.
CITY. The City of Ukiah.
CITY MANAGER. The City Manager of the City of Ukiah, or his or her
designee.
COMMUNICATIONS ACT. The Communications Act of 1934 (48 Stat. 1064,
15 USCS § 21; 47 USCS §§ 35, 151--155, 201--221,301--329, 401--416, 501--505, 601-
-609 (as subsequently amended and as hereinafter may be amended).
COMPLETE SYSTEM CONSTRUCTION. The point in time when all
transmission equipment, facilities, and construction work is installed and completed, and
when all appropriate tests have been completed such that applicable performance
standards pertaining to or dependant upon such construction is verified. The term
Complete System Construction does not include marketing and installation of Subscriber
service.
737846.1 5
CONTROL(ING/ED). The possession, directly or indirectly, of the power to
direct, or to cause the direction o£ 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 government
activities and programs may be presented.
GRANTEE. Any Person to whom a valid Franchise is granted by the City under
this chapter, and the lawful successor, transferee or assignee of such Person.
GROSS REVENUES. Any and all revenue which is received, whether directly or
indirectly, by Grantee, from or in connection with the provision of Cable Services over
the subject Cable System, or any part of such system. Such revenue shall include but not
be limited to the following:
a)
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 6
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 Syste~n, 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 7
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 8
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 9
authorizing such use of such street or property or area has first been obtained pursuant to
the provisions of this chapter, and unless such Franchise is in full force and effect.
(C) It shall be unlawful for any Person to make any unauthorized connection,
whether physically, electronically, acoustically, inductively or otherwise, with any part of
a Franchised Cable System within this City for the purpose of enabling him or herself or
others to receive any Cable Services carried on a Cable System, without the permission
of Grantee.
(D) It shall be unlawful for any Person, without the consent of Grantee, to
willfully tamper with, remove, or injure any cables, wires, or equipment used in
conjunction with a Cable System.
(E) This section shall be construed to require a Franchise in every instance,
except to the extent that such requirement is preempted by state or federal law.
§ 1874 THE CITY MAY GRANT A CABLE FRANCHISE.
The City may grant a Franchise to any Person, whether operating pursuant to an
existing Franchise or not, who offers to provide a Cable System pursuant to the terms and
provisions of this chapter. The Franchise shall be subject to all ordinances and
regulations of general application now in effect or subsequently enacted, including,
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 ora 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 1 1
(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 rights of the City under this chapter or a Franchise
Agreement, whether arising before or after the date of the transfer.
§ 1879 FRANCHISE AREA; ANNEXATIONS.
(A)
The Franchise Area shall be established by the Franchise Agreement.
(B) Territory annexed to the City ("Annexed Territory") which is not within
the Franchise Area of an existing Franchise may be added to Grantee's Franchise
pursuant to City Council resolution.
(C) All rights acquired under a Franchise or license granted by a public entity
other than the City ("Foreign Franchise") shall terminate by operation of law as to
Annexed Territory where Grantee of such Franchise or license has not commenced
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)
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 right to such
claimed overpayment, whether by refund, offset, credit or any other accommodation. All
such applications shall state the amount of claimed overpayment, the reason for the
claimed overpayment, and sufficient documentation to allow the City to verify Grantee's
claim. Upon request by the City, Grantee shall provide any further information that is
deemed relevant by the City. All such applications shall be considered by the City
Council, and the City Council's decision with respect to such applications shall be final.
§ 1886 CONTENTS OF CABLE TELEVISION FRANCHISE
(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 rights.
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. lin 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
hearing officer for his or her determination pursuant to § 1890.
§ 1889 CITY COUNCIL HEARING PROCEDURES.
(A) The City Council may hold a public hearing to determine whether Grantee
materially breached the Franchise and the appropriate penalty to be imposed, if any, as a
result of such breach. The City shall cause to be served upon Grantee, at least ten days
prior to the date of such hearing, written notice of any intent to terminate the Franchise
and the time and place of the.hearing. Grantee may appear at such hearing and present
such evidence, orally or in writing, that it deems relevant and appropriate to the Council's
deliberations. Based on the evidence presented at the hearing, the City Council shall
determine in its discretion whether or not a material breach occurred and whether to
terminate the Franchise or take other appropriate action.
(B) Should the City Council find that there has been a material breach of the
Franchise, but that termination of the Franchise is inappropriate, then the Council may
assess and levy or impose such other relief as the Council deems appropriate.
(C) The City shall cause Grantee to be served with written notice of any action
taken by the City Council following such public hearing. The decision of the City
Council as to such matters shall be final, 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 hearing
officer any controversy or claim arising out of or relating to the Franchise or its existence,
construction, interpretation, performance, enforcement, operation, breach, continuance or
termination. Such hearing proceedings shall be initiated by the City Manager by written
notice to Grantee.
(B) Within 90 days of referral of a controversy or claim, the hearing officer
shall commence a hearing unless the parties and the hearing officer otherwise agree in
writing.
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 hearing officer in
his or her discretion, each party shall bear one-half of the fees and expenses of the
hearing officer. Each party shall bear its own witness and attorneys' fees or other
expenses.
(E) Failure of Grantee to fully and promptly comply with an order of a hearing
officer shall be deemed a material breach of the Franchise.
(F) The decision of the hearing officer shall be final and subject to judicial
review pursuant to California Code of Civil Procedure Section 1094.5.
§ 1891 PENALTIES FOR BREACH OF THE FRANCHISE.
The City Council or hearing officer may impose the following penalties for any
breach of the Franchise, including any breach of Subscriber service standards:
(A) Up to $1,000 for each day of each material breach, or such other amount
provided in the Franchise Agreement.
(B) For a second material breach of the same nature occurring within 12
months where a fine or penalty was previously assessed, up to twice the maximum
penalty allowed for the first such breach.
(C) For a third or further material breach of the same nature occurring within
12 months of the first such breach, where a fine or penalty was previously assessed, up to
four times the maximum penalty allowed for the first such breach.
§ 1892 ALTERNATIVE REMEDIES.
The remedies provided in this chapter are cumulative and in addition to all other
rights the City may have at law or equity or under the Franchise Agreement, including
but not limited to liquidated damages, which remedies may be exercised at any time. In
no event shall the amount of any bond or letter of credit be construed to limit Grantee's
liability for damages.
§ 1893 REMOVAL AND ABANDONMENT; PURCHASE OF SYSTEM.
(A) Subject to applicable law, in the event that a Franchise is terminated,
revoked, or is not renewed upon expiration, then Grantee shall, upon demand of the City,
and at its sole expense, promptly remove all or any portion of its Cable System. In
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 which such receiver or
trustee agrees to be bound by each and every term, provision and limitation of the
Franchise.
(B) Upon the foreclosure or other judicial sale of all or a substantial part of a
Cable System, Grantee shall 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 hereat~er
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)
(O)
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 disputes;
(H) Credit procedures;
(I) Employee identifications;
(J) Service call response time scheduling;
(K) Time allowed to pay outstanding bills;
(L) Grounds for termination of service;
(M) Steps Grantee must take before disconnecting or terminating service, and
the steps necessary to have service reconnected aiter 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:
department.
Volume of telephone calls received by the customer service
(2)
Percentage of time trunk lines were busy, and the abandonment
rate.
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 Hearing-Impaired. To the extent authorized
by law, the City reserves the right to require and regulate the installation or rental of
equipment which facilitates the reception of Cable Service by hearing impaired
individuals.
§ 1909 BILLING PROCEDURES.
Billing procedures shall be as follows:
(A) Bills will be clear, concise, and understandable. Bills must be fully
itemized, with itemizations including, but not limited to, basic and premium service
charges and equipment charges. Bills will also clearly delineate all activity during the
billing period, including:
(1) A list of each service or package received for that billing period;
(2) The rate or charge for each service or package received;
(3) The period of time over which said services are billed;
(4) The total charges due for the monthly period, separate from any
previous balance due;
(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:
.
The identity of the applicant, including all Affiliates of the
Applicant.
2. Copies of FCC Form 1275, all "Notices of Intent" filed under 47
CFR § 76.1503(b)(1), and the Order of the FCC, all of which relate to certification of the
applicant to operate an Open Video System in accordance with Section 653(a)(1) of the
Communications Act and the FCC's rules.
3. The area or areas of the City that the applicant desires to serve.
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:
proposed facilities.
(i)
The location and route requested for the applicant's
(ii) The locations, if any, for interconnection with the
facilities of other telecommunications service providers.
(iii) The specific structures, improvements, facilities,
and obstructions, if any, that the applicant proposes to remove or relocate on a temporary
or permanent basis.
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 § 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
§ 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
§ 76.1514. No agreement will be executed by the City until the dispute has been finally
resolved.
6. If the Open Video System operator intends to maintain an
institutional network, as defined in Section 61 l(f) of the Communications Act, the City
will require that Educational and Government Access Channels be designated on that
institutional network to the same extent that those channels are designated on the
institutional network of the City's Franchised cable operator. In addition, to the extent
authorized by federal law, the Open Video System operator may be required by the City
to satisfy the same financial obligations and other requirements that are imposed upon the
Franchised cable operator to support data-transmission and related services that are
provided by the institutional network.
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 § 76.1505(f).
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 t?om a central location using line-of-sight
technology.
C. Local multipoint distribution service ("LMDS"), another form of
over-the-air wireless video service for which licenses are auctioned by the FCC, and
which offers video programming, telephone, and data networking services.
D. Direct broadcast satellite ("DBS"), also referred to as "direct-to-
home satellite services," which involves the distribution or broadcasting of programming
or services by satellite directly to the Subscriber's premises without the use of ground
receiving or distribution equipment, except at the Subscriber's premises or in the uplink
process to the satellite. Local regulation of direct-to-home satellite services is further
proscribed by the following federal statutory provisions:
1. 47 U.S.C. § 303(v) confers upon the FCC exclusive
jurisdiction to regulate the provision of direct-to-home satellite services.
2. Section 602 of the Communications Act states that a
provider of direct-to-home satellite service is exempt from the collection or remittance, or
both, of any tax or fee imposed by any local taxing jurisdiction on direct-to-home satellite
service. The terms "tax" and "fee" are defined by federal statute to mean any local sales
tax, local use tax, local intangible tax, local income tax, business license tax, utility tax,
privilege tax, gross receipts tax, excise tax, Franchise fees, local telecommunications tax,
or any other tax, license, or fee that is imposed for the privilege of doing business,
regulating, or raising revenue for a local taxing jurisdiction.
737846.1 44
§ 1922 VIDEO PROVIDERS - REGISTRATION; CUSTOMER SERVICE
STANDARDS.
A. Unless the customer protection and customer service obligations of
a Video Provider are specified in a Franchise, with the City, a Video Provider must
comply with all applicable provisions of the following state statutes:
1. The Cable Television and Video Customer Service and
Information Act (Government Code §§ 53054, et seq.).
§§ 53088, et seq.).
.
The Video Customer Service Act (Government Code
B. All Video Providers that are operating in the City on the effective
date of this title, or that intend to operate in the City after the effective date of this title,
and are not required under applicable law to operate under a Franchise, license, lease, or
similar written agreement with the City, must register with the City. The registration
form must include or be accompanied by the following:
numbers.
The Video Provider's name, address, and local telephone
2. The names of the officers of the Video Provider.
3. A copy of the Video Provider's written policies and
procedures relating to customer service standards and the handling of customer
complaints, as required by California Government Code §§ 53054, et seq. These
customer service standards must include, without limitation, standards regarding the
following:
a. Installation, disconnection, service and repair
obligations, employee identification, and service call response time and scheduling.
b. Customer telephone and office hours.
c. Procedures for billing, charges, refunds, and credits.
d. Procedures for termination of service.
e. Notice of the deletion of a programming service, the
changing of channel assignments, or an increase in rates.
dispute resolution.
Complaint procedures and procedures for bill
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-flee
or local telephone number for installation, service, and complaint calls. These calls must
be answered promptly by the Video Providers.
understandable.
.
All Video Providers must render bills that are accurate and
7. All Video Providers must respond promptly to a complete
outage in a customer's service. The response must occur within 24 hours of the reporting
of such outage to the provider, except in those situations beyond the reasonable control of
the Video Provider. A Video Provider will be deemed to respond to a complete outage
when a company representative arrives at the outage location within 24 hours and begins
to resolve the problem.
8. All Video Providers must provide a minimum of 30 days'
written notice before increasing rates or deleting channels. All Video Providers must
make every reasonable effort to submit the notice to the City in advance of the
distribution to customers. The 30-day notice is waived if the increases in rates or deletion
of channels are outside the control of the Video Provider. In those cases, the Video
Provider must make reasonable efforts to provide customers with as much notice as
possible.
9. Every Video Provider must allow every residential
customer who pays his or her bill directly to the Video Provider at least 15 days from the
date the bill for services is mailed to the customer, to pay the listed charges unless
otherwise agreed to pursuant to a residential rental agreement establishing tenancy.
Customer payments must be posted promptly. No Video Provider may terminate
residential service for nonpayment of a delinquent account unless the Video Provider
furnishes notice of the delinquency and impending termination at least 15 days prior to
the proposed termination. The notice must be mailed, postage prepaid, to the customer to
whom the service is billed. Notice must not be mailed until the 16th day after the date
the bill for services was mailed to the customer. The hotice 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:
account is delinquent.
a.
The name and address of the customer whose
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 California Public Utilities Commission ("CPUC") is
primarily responsible for the implementation of local telephone competition, and it issues
certificates of public convenience and necessity to new entrants that are qualified to
provide competitive local telephone exchange services and related telecommunications
service, whether using their own facilities or the facilities or services provided by other
authorized telephone corporations.
3. Section 234(a) of the California Public Utilities Code
defines a "telephone corporation" as "every corporation or person owning, controlling,
operating, or managing any telephone line for compensation within this state."
4. Section 616 of the California Public Utilities Code provides
that a telephone corporation "may condemn any property necessary for the construction
and maintenance of its telephone line."
5. Section 2902 of the California Public Utilities Code
authorizes municipal corporations to retain their powers of control to supervise and
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 of the California Public Utilities Code
authorizes telephone and telegraph corporations to construct telephone or telegraph lines
along and upon any public road or highway, along or across any of the waters or lands
within this state, and to erect poles, posts, piers, or abutments for supporting the
insulators, wires, and other necessary fixtures of their lines, in such manner and at such
points as not to incommode the public use of the road or highway or interrupt the
navigation of the waters.
7. Section 7901.1 of the California Public Utilities Code
confirms the right of municipalities to exercise reasonable control as to the time, place,
and manner in which roads, highways, and waterways are accessed, which control must
be applied to all entities in an equivalent manner, and may involve the imposition of fees.
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 carrier," the following
additional requirements are applicable:
(i) As required by Decision No. 95-12-057 of
the CPUC, the applicant must establish that it has filed with the City in a timely manner a
quarterly report that describes the type of construction and the location of each
construction project proposed to be undertaken in the City during the calendar quarter in
which the application is filed, which information is sufficient to enable the City to
coordinate multiple projects, as may be necessary.
(ii) If the applicant's proposed construction
project will extend beyond the utility rights-of-way into undisturbed areas or other rights-
of-way, the applicant must establish that it has filed a petition with the CPUC to amend
its certificate of public convenience and necessity and that the proposed construction
project has been subjected to a full-scale environmental analysis by the CPUC, as
required by Decision No. 95-12-057 of the CPUC.
(iii) The applicant must inform the City whether
its proposed construction project will be subject to any of the mitigation measures
specified in the Negative Declaration ["Competitive Local Carriers (CLCs) Projects for
Local Exchange Communication Service throughout California"] or to the Mitigation
Monitoring Plan adopted in connection with Decision No. 95-12-057 of the CPUC. The
City's issuance of a Ministerial Permit will be conditioned upon the applicant's
compliance with all applicable mitigation measures and monitoring requirements
imposed by the CPUC upon telephone corporations that are designated as "competitive
local carriers."
C. In recognition of the fact that numerous excavations in the Public
Rights-of-Way diminish the useful life of the surface pavement, and for the purpose of
mitigating the adverse impacts of numerous excavations on the quality and longevity of
public street maintenance within the City, the following policies and procedures are
adopted:
1. The City Manager is directed to ensure that all public
utilities, including telephone corporations, comply with all local design, construction,
maintenance and safety standards that are contained within, or are related to, a Ministerial
Permit that authorizes the construction of facilities within the Public Rights-of-Way.
2. The City Manager is directed to coordinate the construction
and installation of facilities by public utilities, including telephone corporations, in order
to minimize the number of excavations in the Public Rights-of-Way. In this regard,
based upon projected plans for street construction or renovation projects, the City
Manager is authorized to establish on a quarterly basis one or more construction time
periods or "windows" for the installation of facilities within the Public Rights-of-Way.
Telephone corporations and other public utilities that submit applications for Ministerial
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.
Introduced by title only on August 20, 2003, by the following roll call vote:
AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larsen
NOES: None
ABSENT: None
Adopted on September 3, 2003 by the following roll call vote:
AYES:
NOES:
ABSENT:
ATTEST:
Eric Larsen, Mayor
Marie Ulvila, City Clerk
737846.1 53
ITEM NO. 6¢
DATE: September 3, 2003
AGENDA SUMMARY REPORT
SUBJECT: ADOPTION OF ORDINANCE AMENDING UCC SECTION 1203
At its August 6, 2003 meeting, the City Council considered an Ordinance regarding appeals of
Planning Commission decisions under Ukiah City Code (UCC) Section 1203 to be filed within 10 days
of the date the decision is made containing in writing the reasons for the appeal. The City Attorney
prepared the Ordinance and it was introduced by title only at the City Council meeting of August 20th.
The introduction was approved by a 5 to 0 vote of Council. A summary of the proposed Ordinance
was published in the Ukiah Daily Journal on August 28, 2003. The Ordinance is now being presented
to Council for adoption.
RECOMMENDED ACTION: By motion, adopt Ordinance amending UCC Section 1203.
ALTERNATIVE COUNCIL POLICY OPTIONS: Direct staff to amend Ordinance and return to Council
for future adoption.
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
Ukiah City Council
Marie Ulvila, City Clerk
Candace Horsley, City Manager & David Rapport, City Attorney
1. Ordinance for adoption
A PPROVEE/:..~~-~
Candace Horsley, City rv~nager
ASR: Adopting Ordinance
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 does ordain 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 right 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 of 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 August 20, 2003, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson.
None.
None.
None.
Adopted on September 3, 2003, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Attest:
Eric Larson, Mayor
Marie Ulvila, City Clerk
Item No. 6d.
Date: September 3, 2003
AGENDA SUMMARY REPORT
SUBJECT: NOTIFICATION OF PURCHASE FROM RAINBOW AGRICULTURAL SERVICES
FOR ONE UTILITY VEHICLE (KAWASAKI MULE) IN THE AMOUNT OF $ 9,947.44
The Wastewater Treatment Plant Utility Vehicle is used to transport Staff, tools, pumps and
sampling equipment to areas of the facility inaccessible to pickup trucks, especially during
inclement weather. The current utility vehicle was purchased by Parks and Recreation in 1988
and handed down to the Treatment Plant in 1992. It is experiencing transmission and other
problems and can no longer be maintained in a cost effective manner. Qualified bids were
received from Healdsburg Kawasaki in the amount of $ 11,840.40 and Rainbow Agricultural
Services in the amount of $9,947.44. The bid is to be awarded to Rainbow Agricultural.
RECOMMENDED ACTION: Receive And File Notification Of Purchase From Rainbow Agricultural
Services For One Utility Vehicle (Kawasaki Mule) In The Amount Of $ 9,947.44.
ALTERNATIVE COUNCIL POLICY OPTIONS: Reject the purchase and direct Staff as to
alternative.
Citizen Advised:
Prepared by:
Coordinated with:
Attachments:
N/A
Jerry Gall, Wastewater Treatment Supervisor
Darryl L. Barnes, Director of Public Utilities and Candace Horsley, City
Manager
None
?
APPROVED:' ~-~._-~~
Candace Horsley, City"~vlanager
AGENDA
SUMMARY
ITEM NO. 6e
DATE: September 3, 2003
REPORT
SUBJECT: AWARD OF BID FOR PURCHASE OF PUBLIC SAFETY MECHANIC VEHICLE IN
THE AMOUNT OF $14,651.42 TO NORTHLAKE FORD MERCURY
In recent years, the Police/Fire mechanic has been assigned the Community Service
Officer (CSO) pickup truck for transportation. Due to the recent addition of the Animal Control
Officer and the reassigned CSO pickup, another vehicle is needed for the mechanic. Funds for
this purchase were identified in the Police Asset Seizure Fund (200.2001.800.000) and bids were
solicited for a compact pickup utility vehicle. The vehicle was specified to be a compact, 2-wheel
drive fleet-type pickup truck vehicle, with towing capabilities for use in towing the Police
Department's radar trailer. Requests for Proposals (RFPs)with these specifications were sent to
nine vendors, including Coalinga Motors, Harper Ford Country, Jamison Auto Center, Ken Fowler
Motors, Mendo-Lake Honda Isuzu, Northlake Ford Mercury, Thurston Chevrolet Toyota, Ukiah
Dodge, and Ukiah Ford.
Bids were opened August 26th, 2003, with one response. Northlake Ford Mercury met the
specifications provided for in the RFP and its bid was $14,651.42. Staff recommends that
Northlake Ford Mercury be awarded the bid.
RECOMMENDED ACTION' Award Bid To Northlake Ford Mercury In The Amount Of $14,651.42
For Compact Pickup Utility Vehicle.
ALTERNATIVE COUNCIL POLICY OPTION: Reject bid and provide staff with alternative action.
Citizen Advised: N/A
Requested by: Ukiah Police Department
Prepared by' Chris Dewey, Police Captain
Coordinated with' Candace Horsley, City Manager and John Williams, Police Chief
Attachments: None
APPROVED'
Candace Horsley, City M~.ager
AGENDA
ITEM NO: 8a
MEETING DATE: September 3, 2003
SUMMARY REPORT
SUB3ECT: ADOPTION OF RESOLUTION MAKING APPOINTMENT OF
INTERIM CITY CLERK
The City Council approved a plan at it's August 20, 2003 meeting to appoint Finance
Director Gordon Elton as Interim City Clerk due to the impending resignation of City
Clerk Marie Ulvila. In order to officially appoint the Finance Director, the Council must
adopt a resolution that designates Gordon Elton, who lives within the city limits, to the
interim position.
Attached are the resignation memo from Marie Ulvila, effective September 15, the
certificate of appointment from the State of California and County of Mendocino, and
the resolution making the appointment to fill the vacant City Clerk position. Staff is
recommending Council's acceptance of Ms. Ulvila's resignation and adoption of the
resolution appointing Finance Director Gordon Elton to the position of Interim City
Clerk.
RECOMMENDED ACTION: Accept resignation of City Clerk and adopt Resolution
appointing Finance Director Gordon Elton to the position of Interim City Clerk.
ALTERNATIVE COUNCIL POLICY OPTIONS: Provide alternate direction to staff.
Citizens Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
Candace Horsley, City Manager
Candace Horsley, City Manager
Marie Ulvila, City Clerk and Gordon Elton, Finance Director
1. Resignation memo from City Clerk Marie Ulvila
2. Certificate of appointment from State of California and
County of Mendocino
3. Resolution making appointment to fill Cib/Clerk position
4:CAN/ASR.CityClerk.90303
ATTACHMENT
af llkiah
DATE:
TO:
SUBJECT:
FROM:
August 25, 2003
TO WHOM IT MAY CONCERN
Resignation - City Clerk
Marie Ulvila, City Clerk
Please be advised that I will be moving to Lakeport, California in September 2003 and as
such, I will no longer meet the requirement that an elected City Clerk for the City of Ukiah
live within the City limits. As such, I hereby tender my resignation from the position of City
Clerk effective September 15, 2003.
Sincerely,
Marie Ulvila
CC:
City of Ukiah Mayor and Councilmembers
City of Ukiah City Manager
Mendocino County Clerk
Secretary of State
300 SEMINARY AVENUE UKIAH, CA 95482-5400
Phone# 707/463-6200 Fax'# 707/463-6204 Web Address: www.cityofukiah.com
ATTACHMENT_.~~
CERTIFICATE OF APPOINTMENT
AND OATH OF OFFICE
STATE OF CALIFORNIA )
)ss.
COUNTY OF MENDOClNO )
I, Eric Larson, Mayor of the City of Ukiah, County of Mendocino,
State of California, hereby certify that at a Regular Council Meeting of said
City, held at Ukiah in said County, on the 3rd day of September 2003, Gordon
Elton was appointed to the office of City Clerk to fill the unexpired term of
Marie Ulvila, as appears by the records of said.jurisdiction now in my custody.
Dated: September 3, 2003. IN WITNESS WHEREOF, I have hereunto
affixed by hand and the Seal of the City of Ukiah.
Eric Larson
Mayor
STATE OF CALIFORNIA )
)ss.
COUNTY OF MENDOCINO )
I, Gordon Elton, do solemnly swear that I will support and defend the
Constitution of the United States and the Constitution of the State of California
against all enemies, foreign and domestic; that I will bear true faith and
allegiance to the Constitution of the United States and the Constitution of the
State of California; that I take this obligation freely, without any mental
reservation or purpose of evasion; and that I will well and faithfully discharge
the duties upon which I am about to enter.
Gordon Elton
Subscribed and sworn to before me, this 3rd day of September, 2003.
Eric Larson, Mayor
ATTACHMENT,
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH
MAKING APPOINTMENT TO FILL THE VACANT CITY CLERK POSITION
WHEREAS, City Clerk Marie Ulvila tendered her resignation, effective September 15, 2003;
and
WHEREAS, at the August 20, 2003 City Council meeting, it was determined that an
appointment should be made by appointing current Finance Director Gordon Elton to the position;
and
WHEREAS, Gordon Elton meets all of the requirements of the City Clerk position; and
WHEREAS, Gordon Elton was offered the position and he has accepted.
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Ukiah hereby
appoints Gordon Elton to complete the four-year term of the City Clerk which expires November 2,
2004.
PASSED AND ADOPTED on this 3rd day of September 2003, by the following roll call
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Eric Larson, Mayor
Shannon Riley, Deputy City Clerk
Resolution No. 2004-
Page 1 of 1
ITEM NO.
DATE: September 3, 2003
AGENDA SUMMARY REPORT
SUBJECT: Fines for noise related offenses under Vehicle Code and City Code
SUMMARY At its August 20, 2003, City Council meeting, the City Council wanted to know if it
could instruct the courts to increase the fines charged for violation of Vehicle Code ("VC") Section
27007and Ukiah City Code ("UCC") Section 6058. VC §27007 prohibits the driver of a vehicle
from using sound amplification equipment that can be heard from 50 or more feet from the vehicle.
UCC §6058 makes it unlawful for any person to willfully make loud, unnecessary, or unusual noise
which disturbs the peace or is annoying to a reasonable person with normal sensitivity to noise.
CONCLUSION
The City could submit to the presiding judge for consideration in November or December
suggested fines for a first offense violation of the Ukiah City Code, including Section 6058,but not
for the violation of the Vehicle Code Section 27007. By January 1 each year, the local judges are
required to establish or revise uniform bail schedules for all infractions and misdemeanors. In
establishing those schedules the judges may consider, but are not required to adopt, amounts
suggested by the City for violations of City codes. Bail and penalty guidelines for certain state law
violations are established by the statewide Judicial Council. The bail schedule, rather than
suggested guidelines, for most infractions under the Vehicle Code, including Section 27007, is
established by the Judicial Council, not local judges.
ANALYSIS
Several provisions of state law establish a procedure for setting uniform bail schedules. The
principle sections are: (1) Penal Code Section 1269b, (2) Cal. Rule of Court 4.102, and (3) Vehicle
(Continued on page 2)
RECOMMENDED ACTION: Accept report.
ALTERNATIVE COUNCIL POLICY OPTION: Direct staff to develop a suggested bail schedule
for violation of specified city ordinances.
Requested by: City Council
Prepared by: David J. Rapport, City Attorney
Coordinated with: Candace Horsley, City Manager
Attachments: None
APPROVED:
Candace Horsily, City~M-an~er
(Continued from page 1)
Code Section 40310. Bail is the amount someone who has been cited or arrested must post to
stay out of jail, pending a trial on the charges. Generally, bail is intended to guarantee the
defendant's appearance in court. If the defendant fails to appear, bail is forfeited.
Penal Code Section 1269b imposes a duty on the courts in each county to adopt a uniform
countywide schedule of bail for all bailable offenses. The judges are required to adopt and
periodically revise the uniform bail schedule at a meeting of the judges in the county seat called
by the presiding judge. (Subd. (c).)
California Rule of Court 4.102 statesthat the "... Judicial Council of California has established the
policy of promulgating uniform bail and penalty schedules for certain offenses in order to achieve
a standard of uniformity in the handling of these offenses." While bail is normally used to
guarantee the defendant's appearance in court, Vehicle Code sections 40512 and 13103 allows
a defendant charged with specified Vehicle Code offenses to forfeit bail without the necessity of
any further court proceedings. The forfeiture is treated as a conviction and the fine for the offense.
To achieve substantial uniformity of bail and penalties throughout the state in traffic, boating, fish
and game, forestry, public utilities, parks and recreation, and business licensing cases, the trial
court judges, in performing their duty under Penal Code section 1269b,shall give consideration
to the Uniform Bail and Penalty Schedules approved by the Judicial Council. The Uniform Bail and
Penalty Schedule for infraction violations of the Vehicle Code shall be established by the Judicial
Council in accordance with section 40310 of the Vehicle Code. Judges shall give consideration to
requiring additional bail for aggravating or enhancing factors. (Id.)
The judge who calls the annual meeting pursuant to section 1269b of the Penal Code shall, as
soon as practicable after the meeting, mail a copy of the schedule to the Judicial Council with a
report stating how the revised schedule differs from the council's uniform traffic bail and penalty
schedule, uniform boating bail and penalty schedule, uniform fish and game bail and penalty
schedule, uniform forestry bail and penalty schedule, uniform public utilities bail and penalty
schedule, uniform parks and recreation bail and penalty schedule, or uniform business licensing
bail and penalty schedule. (Id.)
The purpose of this uniform bail and penalty schedule is to:
(1) show the standard amount for bail, which for Vehicle Code offenses may also be the
amount utilized for a bail forfeiture in lieu of further proceedings; and
(2) serve as a guideline for the imposition of a fine as all or a portion of the penalty for a first
conviction of a listed offense where a fine is used as all or a portion of the penalty for such offense.
The amounts shown for the misdemeanors on the boating, fish and game, forestry, public utilities,
parks and recreation, and business licensing bail and penalty schedules have been set with this
dual purpose in mind. (Id.)
Vehicle Code Section 40512 allows for the forfeiture of bail in lieu of trial and sentencing for any
first offense violation of the Vehicle Code which is an infraction, except for certain offenses
concerning discharging or dumping specified materials on highways. Under Vehicle Code Section
40310, the Judicial Council shall annually adopt a uniform traffic penalty schedule which shall be
applicable to all non-parking infractions specified in Vehicle Code, unless in a particular case
before the court the judge or authorized hearing officer specifies a different penalty.
Violation of Vehicle Code Section 27007 is an infraction. Accordingly, the Judicial Council, not
even local judges, establish the bail and the penalty for a first offense violation of Section 27007.
The current schedule establishes a total bail and/or penalty for a first offense violation of VC
§27007 of $162.50, consisting of a fine of $35 with additional surcharges making up the
difference.
While the judges are required to establish a bail schedule for all bailable offenses, no state law
regulates how the judges establish bail for violation of city ordinances. In adopting the bail
schedule, the judges could use the bail amounts as a guideline for the appropriate fine for a first
offense, as in the case of the uniform bail and penalty schedules adopted by the Judicial Council
under Rule of Court 4.102.
If the City wants to suggest such bail and penalty schedules for violation of city ordinances, it
should submit those suggestions well in advance of the January 1 deadline.
AGENDA
ITEM NO: 8c
MEETING DATE: September 3, 2003
SUMMARY REPORT
SUB3ECT: ADOPTI'ON OF RESOLUTI'ON REGARDI'NG ARMY CORPS OF
ENGZNEERS AND NO~'SE AT LAKE MENDOCI'NO
The City Council directed staff to bring back a resolution to the Corps of Engineers
regarding noise limitations at Lake Mendocino. The City Council had approved a similar
resolution in 1999 and had sent the resolution, along with a letter from the Mayor, to
the Corps of Engineers. Staff has contacted the Corps since that time, and the City has
still received no response regarding this issue.
Staff is requesting Council's adoption of the attached resolution and approval of the
letter to the Corps of Engineers from Mayor Larson.
RECOMMENDED ACT~'ON: Adopt resolution regarding noise limitations at Lake
Mendocino and approve letter to the Corps of Engineers.
ALTERNATIVE COUNCIL POLICY OPTIONS:
direction to staff.
Discuss and provide alternate
Citizens Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
City Council
Candace Horsley, City Manager
N/A
1. Resolution regarding noise limitations at Lake Mendocino
2. Draft letter to Corps of Engineers
Approved:
Candace Horsley, Cit~
4:CAN/ASR. LakeMendoNoise.90303
Manager
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH
CALLING ON THE ARMY CORPS OF ENGINEERS TO
INSTITUTE A POLICY TO CLOSE LAKE MENDOCINO TO INTERNAL
COMBUSTION WATER GOING VEHICLES DURING VARIOUS HOURS
WHEREAS, Lake Mendocino is a key recreational resource for the people of Ukiah; and
WHEREAS, many citizens of Ukiah currently fail to take advantage of this resource
because of the noise generated there by power boats and jet 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
WHEREAS, these folk and the lake fishery may appreciate and benefit from an occasional
break from the noise, fossil fuel, and MTBE pollution generated by power boats and jet skis; and
WHEREAS, the City Council had previously requested consideration of this concept and
sent a resolution and letter to the Corp in 1999.
NOW THEREFORE BE IT RESOLVED, that the Ukiah City Council calls on the Army
Corps of Engineers to institute a policy to close Lake Mendocino to internal combustion water-
going vehicles on Sundays and Mondays during the season of September 15 to May 1, and
Mondays and Tuesdays after 5:00 p.m. during the season of May 1 to September 15.
PASSED AND ADOPTED on this 3rd day of September 2003, by the following roll call
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Marie Ulvila, City Clerk
Eric Larson, Mayor
Resolution No. 2004-
Page 1 of 1
DRAFT
September 3, 2003
Merle Griffin
Army Corps of Engineers
! 160 Lake Mendocino Drive
Ukiah, CA 95482
Dear Nr. Griffin,
The City Council passed a resolution at their August 20, 2003 meeting requesting that
the Army Corps of Engineers institute a policy to close Lake Mendocino to internal
combustion water vehicles at certain times of the year. The Council discussed the
issues of noise and tourism and would appreciate your consideration of instituting a
policy that would allow an occasional break from the noise, fossil fuel, and pollutants
generated by power boats and jet skis. They are asking the Corps to consider closing
Lake Mendocino to internal combustion water-going vehicles on Sundays and Mondays
during the season of September 15-May i and Mondays and Tuesdays after 5:00 pm
during the season of Nay l-September 15.
The Council passed a similar resolution and sent a letter to the Corps in .lune of 1999
requesting a similar policy commitment by the Corps in regards to the use of powered
vehicles on the Lake. We would appreciate the Corps' consideration of this issue and
representatives from the Council would be very willing to meet with Corps
representatives and to hold a public meeting to further discuss this possibility. Please
contact the City Manager at her direct line, 463-6210, to discuss this further. We look
forward to your response.
Sincerely,
Eric Larson
Mayor
4:CC/LArmyCorps.90303
AGENDA
ITEM NO: 8a
MEE'I-JNG DATE: September 3. 2003
SUMMARY REPORT
SUB3ECT: SELECTION OF RUSSIAN RIVER WATERSHED ASSOCIATION
DIRECTOR AND ALTERNATE
Currently, Vice-Mayor Baldwin'is the designated representative for the Russian River
Watershed Association, with Councilmember Rodin as the designated alternate. Due to
schedule conflicts, Vice-Mayor Baldwin is unable to attend these meetings, which are
held in Windsor in the morning hours on the third Thursday of each month, and has
asked that another Councilmember be appointed. Councilmember Rodin has attended
the last two meetings, and is able to continue these duties. Therefore, staff is
requesting that Council appoint Councilmember Rodin as Director and select an
alternate for the Russian River Watershed Association.
RECOIqlqENDED ACTION: Appoint Councilmember Rodin as Director for the
Russian River Watershed Association and select and alternate.
ALTERNATIVE COUNCIL POLICY OPTIONS:
direction to staff.
Discuss and provide alternate
Citizens Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
Candace Horsley, City Manager
Candace Horsley, City Manager
Vice-Mayor Baldwin
City Council Committee Assignments List
Approved:
Candace H0rsley, ~ty Manager
4:CAN/ASR. RRWADirAIt.90303
2003 COUNCIL COMMITTEE ASSIGNMENTS
Beautification Committee
of Ukiah Disaster Council
Selection Committee
Larson, Alt: Andersen
Andersen/Rodin/Horsley
Larson
City/County Leadership Group Horsley/Larson
Council/County Supervisor Committee Larson/Smith
Courthouse Facilities Planning Committee On hiatus
Greater Ukiah Chamber of Commerce Liaison
Library Advisory Board
Local Agency Formation Commission (LAFCO)
Main Street Board of Directors
Rodin, Alt: Andersen
Andersen
Larson
Ukiah Valley Sanitation District (UVSD)
Smith, Alt: Andersen
Mendocino Council of Governments (MCOG) Larson, Alt: Rodin
Mendocino County Air Quality Management District PM-10 Baldwin
Incentive Committee
Mendocino County Film Advisory Board (Non-Voting) Baldwin
Mendocino County Inland Water and Power Commission Baldwin, Alt: Smith
Mendocino County Overall Economic Development Horsley
Mendocino Solid Waste Management Authority (MSWMA) Andersen
Mendocino Transit Authority (MTA) Board of Directors Smith
Northern California Power Agency (NCPA) Smith, Alt: Andersen
Recreation Center Group Rodin, Alt: Larson
Russian River Watershed Community Council Baldwin, Alt: Rodin
Skateboard Park Committee Andersen, Alt: Larson
Solid Waste Committee Andersen
Sun House Guild ex officio liaison Rodin
Transmission Agency of Northern California (TANC) Smith, Darryl Barnes, Alt: Andersen
Ukiah Investment Oversight Committee Smith, Alt: Rodin
Baldwin, Alt: Smith
Economic Development & Financing Corporation (EDFC)
Rodin, Alt: Smith
Finance Review Committee Smith, Alt: Andersen
Last Updated January 16, 2003
AGENDA
il'EH NO: 9a
MEETING DATE: September 3, 2003
SUMMARY REPORT
SUB.1ECT: CONSI'DERATI'ON OF APPROVAL FOR ADDI'TI'ONAL FUNDI'NG OF
ORR CREEK BRZDGE PRO.1ECT
The City Council previously approved funding participation of up to $372,000 towards
the construction of the Orr Creek Bridge and Orchard Avenue extension to Brush Street.
New cost estimates as of June 2003 have updated the expenses associated with the
project and staff is returning to Council for approval of additional funding towards the
Orchard Avenue extension, which the City agreed to construct. ]:n addition, there are
new expenses for water and drainage installation of $131,74! that will be shared by the
City General Fund, Water Utility, and the property owners in the Brush Street Triangle.
The City has been in negotiations with the property owners to formulate mutual
agreements on the plans and costs for these water and drainage improvements.
(Continued on page 2)
RECOMMENDED ACT:ION: Approve additional $89,271 towards the Orchard Avenue
extension from Fund 341.
ALTERNATI:VE COUNC:I:L POLI:CY OPT:IONS: Discuss and provide alternate direction
to staff.
Citizens Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
Candace Horsley, City Manager
Candace Horsley, City Manager
Public Works, Planning, and Finance Departments
1. Orr Creek Bridge Project Cost Analysis
Approved:
ca-ns~ce Horsley, city Manager
4:CAN/ASR.OrchardBridgeExtension.90303
The cost estimates for the Orr Creek Bridge and Orchard Avenue extension, as of .lune
2002, were estimated at $800,000. The City Council committed $372,000 towards the
pro~ect, $115,000 of which was allocated toward the Orchard Avenue extension. ~[n
.lune 2003, the City received engineering updated cost estimates, which increased the
expense for the bridge and Orchard extension to $l,263,642. These costs are
illustrated on the attached Orr Creek Bridge Project Cost Analysis Sheet (Attachment 1).
The City committed to extending Orchard Avenue to Brush Street and the expenses
associated with the extension have increased by $89,271, from $115,000 to $204,271.
Staff is returning to Council requesting additional funding for the Orchard Avenue
extension, which, if added to the initial City participation, would increase our funding
from $372,000 to $461,271. The original $372,000 was a combination of gas tax,
Mendocino Council of Governments and account interest funding. This additional
$89,271 would be allocated from Fund 341: Surface Transportation Pro~ect Fund. The
Council could alternatively direct that the increased costs for the road extension should
be taken from the $372,000 already committed and the remaining balance would be
our share of participation for the bridge construction. ]:f the City continues to
participate at the $372,000 level, the unfunded balance for the project is $484,901.
the Council agrees to the additional road extension funding, the remaining balance of
$395,630 would need to be covered by either the County or the landowners/developers
within the Brush Street Triangle. A letter was sent to the parties in 2002, giving them
an estimate of the costs for the project. Another letter, once Council has determined
the additional funding issue, will be sent in September 2003 with the updated cost
estimates.
The City must receive commitment for the unfunded balance before we will begin
construction of the bridge. Otherwise, the project will not go forward. In addition, if
Brush Street has not been improved to the level required by the County at the time that
the bridge is constructed and Orchard Avenue extended, the bridge would remain
closed until such time as the County and land owners can come to an agreement
regarding the Brush Street improvements.
ORR CREEK BRZDGE PRO.1ECT COST ANALYSZS
8~28~03
A. Cost estimate as of 6/02:
a. Cost of bridge
b. Soft costs
c. Orchard extension
d. TOTAL COST
$ 550,00O
$ 135,000
$ 115,000
$ 800,000
B. Cost estimate as of 8/03:
a. Cost of bridge
b. Soft costs
c. Orchard extension
d. Water and drainage
e. Additional soft costs
f. TOTAL COST
$ 601,448
$ 237,042
$ 204,271
$ 131,741 (City and property owners)
$ 89,140
$1,263,642
C. Total Funds Available
a. City of Ukiah participation: $372,000
b. KMRT/Marino: $275,000
c. Drainage/water lines: $131,741
d. Total funds available: $778,741
e. Unfunded balance: $484,901
D. Issues
1. Road extension costs have gone up $ 89,271. If added to committed
dollars = $461,271.
.
Remaining unfunded balance for project
if City participates at: $372,000 is $484,901
$461,271 is $395,630
3. City general fund participation in drainage/water: $40,500
AGENDA
ITEM NO: 9b
MEETING DATE: September 3, 2003
SUMMARY REPORT
SUB3ECT: PRESENTATZON OF DEPARTMENT CAPZTAL ZMPROVEMENT
PRO3ECTS
All City departments, except Community Development, will present their list of major
capital improvement expenditures for the next ten years. This is to provide the Council
with a basic overview of the financial need and potential funding reserves required for
upcoming capital expenditures. These are estimates, and projects may be revised as
new developments become apparent through the annual budget process. In addition,
not all projects have the same priority, and the Directors will indicate for the Council
which projects are of most importance to their operations. Each department Director
will be giving an overview of his/her capital improvement project list and will answer
any questions the Council may have regarding these projects.
RECOMMENDED ACT]'ON: Receive presentations.
ALTERNAT~[VE COUNC]~L POLZCY OPTZONS: N/A
Citizens Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
N/A
Candace Horsley, City Manager
Directors
1. Spreadsheets of departmental capital improvement projects
Approved:
Candace Horsley, Manager
,~:CAN/ASR.CapitalImprovProj.90303
Police Department
Major Expenditures in the next 10 Years
(FY 2004-2005 through FY 2013-2014)
1 $25,000-$40,000
2 $80,00O
3 $100,000 +
4 $100,000-$200,000
5 $24,000-$40,000
6 $55,000
7 $10,000
$394,000-$525,000
Notes and Comments:
Remodel of old evidence room and adjacent rooms and
into offices
Facility Security
Additional Personnel
Replacement of unmarked cars
Replacement of police car radios and emergency lights
Replacement of portable radios
Computer upgrade
Total
The evidence room will be vacated as property is transferred to the new evidence-
storage facility. This will ceate the availability of much-needed office space. The
room will be remodeled and furnished.
As part of the security plan for City Hall, the needs of the Police Department will
have to be addressed, including private parking area, fencing and landscaping.
3 Within the next ten years, it will be necessary to add employees to our current
authorized personnel. Additional police officers will have to be hired to meet
demands and expectations of the public. Additional support personnel will also be
necessary. Included will be a full gime evience/property cutodian (civilian) and a
second public safety mechanic. It is possible that the City would contract to have
a study done to recommend number of sworn officer positions to create.
4 All detective and administrative vehicles have been purchased with grant or
forfeiture monies. However, these monies may not be available in the future and
these vehicles will have to be replaced during this period.
5 The current equipment is approximately ten years old and replacement parts are
no longer being manufactured. During this time period, it is probable that most, if
not all, of the equipment will have to be replaced.
6 As with car radios, portable radios will probably need to be replaced. Currently,
there are 46 portable radios, each at approximately $1200.
7 It will be necessary to upgrade the Department's computer capability within the
next ten years. The last upgrade was completed at an approximate cost of
$100,000.
10 Year Expenditures - Sheet 3
Fire Department
Major Expenditures in the next 10 Years
(FY 2004-2005 through FY 2013-2014)
I $450,000
2 $350,000
3 $90,000
4 $60,000
5 $10,000
6 $20,000
$980,000
Replacement for 1983 American LaFrance 75' Aerial Ladder
Truck
Replacement for 1994 Pierce Fire 1250 g.p.m, pumper Truck
Replacement for 1991 Life Line Ambulance
Replacement of three overhead doors
Completion of exhaust system in engine room
Construction of storage facility for vehicles, equipment, and trailers
Total
Notes and Comments:
These are the costs to repalce an item with a new piece of equipment. There may
be other options, like re-powering the ambulance or major-retrofitting of the ladder
truck. It is anticipated that the existing pumper would go into back-up service, and
either the '84 Beck or the '71 Van Pelt would be sold.
10 Year Expenditures - Sheet 4
Finance Department
Major Expenditures in the next 10 Years
(FY 2004-2005 through FY 2013-2014
1 $ 100,000 Replace the current telephone system during fiscal year 2004/2005
2 48,600 Maintenance agreement for the AS/400 price increase anticipated in March 2005 when the
initial 5 year, prepaid agreement expires. The cost is expected to double from $5,400 per year
to $10,800 per year - $5,400 times 9 years)
3 40,000 Replace the high speed printers used by Finance and Utility billing with high speed enterprise
wide production printers
4 60,000 Replace E-mail, application and data servers at an average of $20,000 each.
$ 20,000 Replace forklift for Purchasing warehouse
6 465,000 Replace 156 desktop computers on a 5 year replacement cycle. (31 computers at $1,500 each
equals an average of $46,500 per year times 10 years)
7 80,000 Replace networking infrastructure
8 1,500,000 Implement automated meter reading for water and electric meters
$ 2,313,600 Total of major expenditures
Notes and comments:
1 Replacement of the phone system will have to happen. The only question is what we will replace it with and
how much it will cost.
2 Historically IBM maintenance costs increase as the machines get older. IBM has not identified the cost for
maintenance once the current contract expires. Staff firmly believes it is less costly to pay a maintenance
contract than pay as we go for hardware maintenance and operating system updates.
When the new enterprise software systems come online, the current high speed printers will become non-
functional. These printers are more than ten years old currently and are approaching the end of their useful life
in any situation. The replacement printers will serve all City departments with larger volume printing jobs.
The servers operate 24 hours each day. The mechanical failure rate for these mission critical devices is
anticipated to reach a level, during the next ten years, that replacement will be the best solution rather than
enduring out of service conditions while major repairs are performed.
The current forklift is old and is expected to require replacement within ten years.
Desktop computers begin to have major component failure as they age. The software industry strives to
improve software performance as a way to sell additional software. This process eventually requires hardware
capability that is only found in newer computers. The systematic replacement of computers as they experience
major hardware failures and as they become obsolete is part of the technology plan we currently follow.
The infrastructure that connects the desktop computers together is the backbone of all computer use within the
City. This backbone is also the system that makes every computer potentially accessible to hackers and other
security breaches. As the security industry changes the methods and tools available for maintaining a secure
system, new infrastructure will be necessary. The routers and switches that connect the pieces of the network
together as functioning 24/7. These components are subject to failure and require periodic replacement.
The future of customer service for utility customers includes more information about utility consumption. The
evolution of technology in the area of electric and water meter monitoring currently provides systems that make
usage data available, not only to the City, but also to the customer, on a current basis. These systems require
installation of devices at each meter and the hardware to communicate with these devices from a central
location and distribute the usage data to the customers. This is a project that is ideal for a phased approach
over multiple years. The cost of this system is appropriately a cost of the electric and water utilities.
GE:Budget2004:10 Year Expenditures.doc
Community Services/Parks/Recreation Department
Major Expenditures in the next 10 Years
(FY 2004-2005 through FY 2013-2014)
1 $50,000 +
2 $150,000
3 $40,000
4 $50,000-$100,000
5 $75,000-$100,000
$365,000-$565,000
Repair/Replace Public Swimming Pool
Development of Operations Yard for Parks Equipment
and Crew
Rennovations at Anton Stadium
Playground Upgrades and Picnic Ground Improvements
New Roof and HVAC Units at Conference Center
Total
Notes and Comments:
I N/A
2 Crew has outgrown the Anton Stadium site. Estimated cost is without purchase
of land.
3 Stadium is on list of current projects, but will probably exceed budgeted
expenses.
4 N/A
5 N/A
10 Year Expenditures - Sheet 2
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT:
August 26, 2003
Candace Horsley
Larry W. DeKnoblough, Community Services Director
Capital Improvement Projects/Parks Division Operations Yard
There are a number of capital improvement projects needed in the parks such as
playground upgrades and picnic ground improvements, however, these projects will qualify
for state park bond grants. It is our intent to pursue funds through grants to complete the
playground and picnic upgrades. One badly needed project which will not qualify for state
funds is a parks maintenance operations yard. The current facility at Anton Stadium
houses the Parks Division as well as part of the Golf Division and is no longer adequate to
contain all the equipment and vehicles.
Several pieces equipment must now be parked outside in the open parking lot and are
subject to theft and vandalism. Additional equipment is also parked in outlying locations
such as the Civic Center and corporation yard. The logistics of this arrangement consume
substantial time as the crews must travel to the various locations and gather all the
equipment before they can mobilize to a project.
I have Identified several potential sites for a facility including Anton Stadium, the
corporation yard, and possibly the rear of the Civic Center, however, construction funding is
needed. I estimate the building could be completed for approximately $150,000 depending
upon how much of the work is done by force account. Assuming the building is 5,000
square feet, the estimated cost of construction is $30 per square foot, which includes a
unisex ADA compliant restroom. I have confirmed this estimate with a local industrial
building contractor. Costs could increase depending on the distance of utilities, however, if
the parks crew does any required trenching and installs the water and sewer connection,
the main cost will be electric. There would also be sewer and water connection fees. With
yard improvements and perimeter fencing being completed by parks crews, I believe the
total project could be completed for approximately $175,000. If the building were
constructed at the corporation yard, gravel and fencing would not be needed and those
costs could be reduced.
LDZip2
Parksyard.mem
CITY OF U KIAH
CAPITAL IMPROVEMENT PROJECTS. - FISCAL YEAR 2003/2007
I PROJECT NAME · ELECTRIC SUBSTATION EXPANSION
IPROJECT DEPARTMENT:
PUBLIC UTILITIES
DATE: 26-Aug-G_~
PROJECT GOAL: RECOMMENDED
PROJECT DESCRIPTION AND LOCATION: INCREASE THE ABILITY TO SERVE ADDITIONAL
ELECTRICAL LOAD BY RECONSTRUCTING THE
GOBBI SUBSTATION OR CONSTRUCTION OF A
NEW SUBSTATION WITHIN THE SERVICE AREA.
PROJECT PURPOSE/NEED:
THE CURRENT SUBSTATION IS REACHING FULL CAPACITY
AND THE ABILITY TO SERVE ADDITIONAL LOAD IS LIMITED
BY THE CURRENT SUBSTATION SIZE.
IMPACT ON OPERATIONS/MAINTENANCE COSTS:
THIS PROJECT WILL INCREASE BOTH
OPERATIONAL AND MAINTENANCE
COSTS.
DOLLARS
03/04 04/05 05/06 06/07 07/08 5 YEAR
COSTS TOTAL
ENGINEERING $300,000 $300,000
PROPERTY ACQUISITION $750,000 $750,000
CONSTRUCTION $2,000,000 $3,000,000 $5,000,000
TOTAL $300,000 $2,750,000 $3,000,000 $6,050,000
SOURCE OF FUNDING:
A SOURCE OF FUNDING FOR
THIS PROJECT HAS NOT
BEEN D~ IbRMINED.
TOTAL
CITY OF UKIAH
CAPITAL IMPROVEMENT PROJECTS - FISCAL YEAR 2003/2007
IPROJECT NAME: WASTEWAicR ,HEATMENT EXPANSION
I PROJECT DEPARTMENT: PUBLIC UTILITIES
DATE: 26-Au~-03
PROJECT GOAL: MANDATED
PROJECT DESCRIPTION AND LOCATION: INCREASE THE TREATMENT CAPACITY OF THE
CURRENT TREATMENT FACILITY.
PROJECT PURPOSE/NEED:
EXPANSION OF THE CURRENT WASTEWA TER TREATMENT
FACILITY IS MANDATED BY THE STATE WA TER RESOURCE
BOARD.
IMPACT ON OPERATIONS/MAINTENANCE COSTS: THIS PROJECT WILL INCREASE BOTH
OPERATIONAL AND MAINTENANCE
COSTS.
DOLLARS
03/04 04/05 05/06 06/07 07/08 5 YEAR
COSTS TOTAL
ENGINEERING $6,074,330 $6,074,330
PROPERTYACQUISTiON $1,000,000 $1,000,000
CONSiHUCTiON $1,000,000 $25,000,000 $15,000,000 $1,000,000 $42,000,000
TOTAL $6,074,330 $2,000,000 $25,000,000 $15,000,000 $1,000,000 !$49,074,330
SOURCE OF FUNDING:
OPERA TING FUND
it SOURCE OF FUNDING FOR
THE BALANCE OF FUNDING
HAS NOT BEEN
Dc i ERMINED.
TOTAL
CITY OF UKIAH
CAPITAL IMPROVEMENT. PROJECTS.,,FISCAL Y~RS 2003/2007
IPROJECT NAME · WATER STORAGE AND TREATMENT RELIABILITY PROJECT
I PROJECT DEPARTMENT:
PUBLIC UTILITIES
DATE: AUGUST 26,2003
PROJECT GOAL: RECOMMENDED
PROJECT DESCRIPTION AND LOCATION:
INCREASE WATER STORAGE AND TREATMENT
CAPACITY TO INCREASE RELIABILITY OF WATER
SUPPL Y A T EXISTING WATER PRODUCTION AND
STORAGE LOCATIONS.
PROJECT PURPOSE/NEED:
INCREASE WATER STORAGE CAPACITY FOR WATER
USAGE AT PEAK AND PROVIDE RELIABILITY FOR THE
TREATMENT OF WA TER.
IMPACT ON OPERATIONS/MAINTENANCE COSTS:
THIS PROJECT WILL INCREASE BOTH
OPERATIONS AND MAINTENANCE
COSTS.
DOLLARS
03/04 04~05 05~06 06~07 07/08 5 YEAR
COSTS TOTAL
ENGINEERING $919,029 $3,000,000 $3,919,029
PROPERTY ACQUISITION $500,000 $500,000
CONSTRUCTION $2,000,000 $3,000,000 $1,500,0001 $6,500,000
TOTAL $919,029 $5,500,000 $3,000,000 $1,500,000 $10,919,029
SOURCE OF FUNDING:
~4 SOURCE OF FUNDING FOR
THIS PROJECT HAS NOT
BEEN DETERMINED.
ASTA TE SRF LOAN
APPLICATION HAS BEEN
SUBMITTED.
TOTAL
AGENDA
ITEM NO: 9¢
MEETING DATE: September 3, 2003
SUt4MARY REPORT
SUB.1ECT: REPORT ON XMPACTS OF THE CALXFORNZA STATE BUDGET ON
THE CITY OF UKIAH
The State of California budget for fiscal year 2003/2004 changed funding for local
government in areas that were previously considered secure local government
revenues. The final budget contained fewer cuts to the City of Ukiah's revenue than
earlier proposals would have inflicted. The most significant impacts are the
postponement of some vehicle license fee payments until 2006. Previously the state
reduced Vehicle License Fees (VLF) and paid local government an amount equal to the
lost fee. This payment maintained the local revenue level as if the fees were not
decreased. When vehicle license fees were increased in June 2003, the State stopped
paying the state's portion to local government. However, vehicle owners only start
paying the increased fees for registrations due in October. The estimated loss to the
City of Ukiah is $186,107. :If the current lawsuit seeking to reduce the amount of
vehicle license fees paid by vehicle owners is successful, the impact on the City of Ukiah
is unknown. The maximum impact should be two-thirds of our $875,000 Vehicle
License Fee budget.
(Continued on page 2)
RECOHMENDED ACTION: Receive report and provide direction to staff.
ALTERNATi'VE COUNCIL POLI'CY OPTI'ONS: N/A
Citizens Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
N/A
Gordon Elton, Finance Director
N/A
None
Approved'
Candace Horsley, City Manag~
4:CAN/Budgetlrnpacts,90303
Another revenue shift contained in the state budget is the provision known as the
"Triple-Flip." Beginning in 2004-2005, half of the local sales tax will be redirected to the
state to use to repay the deficit reduction bonds. The local sales tax losses are paid to
cities and counties from the Educational Revenue Augmentation Fund (ERAF).
:Increased state education apportionments, in turn, will mitigate K-14 district revenue
losses associated with the redirection of ERAF monies. This swap of sales for property
taxes ends after the deficit reduction bonds are repaid. This portion of the state budget
does not appear to contain language that guarantees each local government will receive
the exact amount of ERAF funding that was lost from sales tax funding.
Another impact on the City of Ukiah is the increase of fees that State Agencies charge
local government for various services and permits. Oversight agencies such as Water
Quality will increase fees to the City. The amount of these impacts is not yet known.
The other major negative impact on the city is the reduction of property taxes
distributed to the Ukiah Redevelopment Agency. The previously estimated reduction of
$135,000 has grown to $142,010. The impact of this will be further discussed at the
next Agency meeting.
There is some positive news. The reimbursement of fees the City pays to the County
for booking prisoners into the County jail was not eliminated. When the City budget
was adopted, this reimbursement appeared unlikely and was deleted from the budget.
Therefore the City can add $65,000 to the revenue budget.
When the budget is adjusted for these two revenue items (VLF & Booking fees) the
budgeted deficit is increased from $207,668 to $328,775. The preliminary results of
fiscal year 2002/2003 indicate an improvement in the June 30, 2003 fund balance of
$286,000. This improvement offsets most of the revised deficit for the current year.
During budget development, staff was projecting a reduced level of sales tax revenue.
The actual tax receipts for June 2003 greatly exceeded projections and resulted in total
sales tax revenue for the year exceeding the budgeted amount instead of a $134,000
shortfall. While there are still pessimistic indicators for the economy, the changing
business climate in Ukiah suggests a modest increase in the revenue budget from sales
tax is possible. Businesses closing and new businesses opening together with changes
in the sales levels of ongoing businesses lead to the conclusion that the revenue budget
may be increased by $100,000.
(Continued on page 3)
SUMMARY
Impacts of these changes for fiscal year 2003/2004:
Revenue as budgeted - FY 2003/04
Loss of VLF revenue
Gain of Booking Fee reimbursement
Increased Sales Tax revenue
Revised total revenue
Expenditures as budgeted - FY 2003/04
Net Income (Loss) before transfers
Transfer from Insurance Reserve
Net Increase (Decrease) in Fund Balance
Budgeted Fund Balance at June 30, 2003
Increase in Fund Balance from FY 2002/03
Revised Beginning Fund Balance
Revised Fund Balance at June 30, 2004
8,625,775
-186,107
65,000
100,000
8,604,668
-8,833,443
(228,775)
170,444
(_58.331)
1,905,457
286,000
2,191,457
The result of these changes is a budgeted deficit of $228,775 for the year. The revised
ending Fund Balance at June 30, 2004 is $265,224 more than the budgeted Fund
Balance of $1,868,233.
In conclusion, the reductions the City of Ukiah already implemented are sufficient to
meet the challenge of State impacts for the current fiscal year.
ITEM NO.
DATE:
9d
September 3, 2003
AGENDA SUMMARY REPORT
SUB3Eci: APPROVAL OF S/:l I LEMENY AGREEMENT WTTH CHARLES AND
3AC(~UELTNE RUELLE
The details regarding this action are set forth in the privileged memorandum to the City
Council that will be discussed in Closed Session.
RECOMMENDED ACTION:. Approve letter agreement and authorize City Manager to
sign agreement on behalf of the City.
ALTERNATTVE COUNC]:L POLTCY OPTTON: Reject the settlement agreement and
give direction to staff.
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Charles and 3acqueline Ruelle
Candace Horsley, City Manager
David .1. Rapport, City Attorney
Candace Horsley, City Manager
APPROVED:
Candace Horsley, City~anager
4:CAN/ASR.Closed. Ruelle.90303 ~