The URL can be used to link to this page

Home My WebLink About2000-12-20 PacketMINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, December 6, 2000 The Ukiah City Council met at a Regular Meeting on December 6, 2000, the notice for which had been legally noticed and posted, at 6:45 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Smith, Libby, Baldwin, Ashiku and Mayor Mastin. Staff present: Public Utility Director Barnes, Community Services Director DeKnoblough, Assistant City Manager Fierro, Risk Manager/Budget Officer Harris, City Manager Horsley, City Attorney Rapport, Public Works Director/City Engineer Steele, Planning Director Stump, Police Chief Williams, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE Mayor Mastin led the Pledge of Allegiance. 3. PRESENTATION 3a. Adoption of Resolution Declarinq Results of Municipal Election of November 7, 2000 and Swearinq In Ceremony for Mayor, Councilmembers, City Clerk, and City Treasurer City Clerk Ulvila advised that the November 7, the Mendocino County Clerk has certified the November 7, 2000 City of Ukiah General Municipal Election and now Council must adopt a Resolution declaring the results of the Election. She noted a correction to the Resolution on page two and that the Resolution should show Jim Mastin, Mayor, signing the Resolution. MIS Ashiku/Smith approving Resolution 2001-33, Reciting the fact of the General Municipal Election held on November 7, 2000, declaring the result and such other matters as provided by law; carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None. City Clerk Ulvila administered the oath of office to Mayor Phillip Ashiku, Councilmember Roy Smith, Councilmember Eric Larson, and City Treasurer Allen Carter. Mayor Ashiku administered the oath of office to City Clerk Marie Ulvila. Recessed: 6:55 p.m. Reconvened: 7:00 p.m. 3. PRESENTATION 3b. Presentation Reqardin.q School Street Tree Li.qhtin.(I ProQram City Manager Horsley advised that the City of Ukiah worked with the Main Street Program in joint partnership to place permanent electrical fixtures on School Street for lighting the trees and providing an electrical outlet to vendors at special events on School Street. A Press Release announcing the goals of the project and requesting donations from the DRAFT December 6, 2000 Page 1 of ! ! community went out via the media and nearly 48 people donated a total of $8,000 toward this project. City staff went out to bid for an Electrical Engineering firm to design the project and City crews, mainly from the Street Department, but also with assistance from the Parks, Golf, Water, and Electric Departments, spent weeks on School Street trenching for the conduit placement as all work had to be done by hand. She commended City crews for their coordination of this entire project. Total cost for the project, including labor, equipment, and materials, came to $33,000. Ed Eversole, on behalf of the Main Street Program, thanked the City and read a list of City employees who helped on the project. He presented a plaque to City Manager Horsley in recognition and appreciation of a partnership contribution, enthusiasm and hard work towards the success of the 1999/2000 tree lighting project, "Avenue of Lights". He invited everyone to the tree lighting ceremony scheduled for 6:00 p.m. on December 7, 2000 at the corner of School and Perkins Streets. Christine Dillard, Executive Director for the Main Street Program, thanked City crews, noting they worked very hard and overcame many unexpected obstacles. Mayor Ashiku acknowledged the public/private partnership for this project worked great and will benefit the citizens of the community. 4. MINUTES 4a. Regular Meetinq of November 15, 2000 MIS Smith/Baldwin approving the minutes of the November 15, 2000 Regular Meeting as presented, carried by the following roll call vote: AYES: Councilmembers Smith, Libby, and Baldwin. NOES: None. ABSENT: None. ABSTAIN: Councilmember Larson and Mayor Ashiku. 5. RIGHT TO APPEAL DECISION Mayor Ashiku read the appeal process. 6. CONSENT CALENDAR Councilmember Baldwin requested that item 6c, Report to Council Regarding Advertising for Vacancy on the Planning Commission and Acceptance of Resignation of Eric Larson from the Planning Commission, be removed from the Consent Calendar and included on the regular agenda. MIS Smith/Baldwin approving items a through i of the Consent Calendar, excluding item 6c, as follows: a. Rejected Claims from Betty Louise Clappier, Independent Adult Services, and Erika K. Young, and Referral to Redwood Empire Municipal Insurance Fund; b. Received Notification to Council Regarding the Award of Bid for the Purchase of Electric Meters to WESCO in the Amount of $6,123.98; d. Received Notification to Council Regarding Purchase of a Used Forklift from Accurate Forklift, DRAFT December 6, 2000 Page 2 of ! ] Inc. for the Amount of $9,920.63; e. Authorized Sole Source Purchase of Computer Voice Stress Analyzer From National Institute for Truth Verification in the Amount of $10,417.19; f. Authorized Sole Source Purchase of a Digital Voice Recording System from Dictaphone Corporation for the Sum of $20,969.23 Through California Multiple Award Service Contract; g. Received Request for Authorization of 32-Hour "Personnel Assistant" Position; h. Adopted Resolution No. 2001-34 Waiving the 60-Day Notification Requirement for Establishing a County Facility in the City (425 South Orchard Avenue and 625 Kings Court) Pursuant to Government Code {}25351; i. Authorized Purchase of 2000 Factory DemonstratorType-3 Ambulance From Braun Handcrafted Ambulances in the Amount of $75,552.25 and Approval of Budget Amendment. Motion carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. Item 6c will be heard as 9f on the Agenda. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Jim Mulheren, 621 Capps Lane, encouraged the City to close off the entire length of State Street for next years' Truckers Light Parade for safety purposes. He discussed vehicle traffic traveling on State Street while bystanders and children were sitting on curbs or standing in the street watching the parade. 8. NEW BUSINESS No business. NEW BUSINESS 9a. Selection and Appointment of Vice-Mayor City Clerk Ulvila reported that on November 7, 2000, Phillip Ashiku was elected Mayor, leaving the position he held as Vice-Mayor vacant. The present City Council needs to appoint a new Vice-Mayor. For background, the Vice-Mayor has historically been the Councilmember with the most tenure on the City Council. MIS Larson/Ashiku appointing Phil Baldwin Vice-Mayor, carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. NEW BUSINESS 9b. Appointment of City Council Members to Various Committee/Commission AssiQnments City Clerk Ulvila advised that with the recent election of Mayor and two Councilmembers, the City Council's committee/commission assignments are in need of review and new appointments considered. DRAFT December 6, 2000 Page 3 of ! ! Mayor Ashiku requested Council submit their preferences for consideration at the next meeting. NEW BUSINESS 9c. Status Report Re,qardin.q the Proposed Revisions to the Hillside Zoninp ReQulations and Current Projects Within the Hillside District Planning Director Stump explained that staff has been working on revising the regulations for the hillside zoning for some time. The Planning Commission conducted a workshop last May to discuss staff initiated revisions to the hillside zoning regulations. At that time, the Planning Commission requested staff conduct a considerable amount of research and bring this information back at a second workshop. A second workshop with the Planning Commission is tentatively scheduled for January 2001, provided that the technical research can be completed. He discussed the Nix Use Permit, which was approved in 1989, and the single-family residential project still under construction. To date, the vegetation management, grading, rock extraction, access roads, and drainage facilities have basically been completed, and the home and shop are under construction. Based on staff's review of the project, it appears that the project is being constructed in substantial conformance with the approved plans. The Hull/Piffero Subdivision is another proposed development on the western hills. The project is located above the Nix property and the applicants have submitted a subdivision application to divide an existing 40-acre parcel into 5 new parcels ranging in size from approximately 5 to 15 acres. He discussed proposed road improvements, vegetation removal, and various grading for the project. After two years, the applications have been deemed "complete" for processing and staff is currently preparing an Initial Study of potential environmental impacts that could result from the proposal. Staff will be making a determination in the near future regarding what type of environmental document will be required for the project to comply with the California Environmental Quality Act. Mr. Stump explained that Planning Staff has been analyzing comments and suggested revisions to the Hillside Ordinance that were presented at the workshop and they will be brought forward for the Planning Commission's review. Of particular importance to the Planning Commission is the build-out potential on the western hillside and he discussed the difficulty in making such a determination. There could be many workshops with the Planning Commission before the matter is brought before Council for consideration. Staff is also analyzing the potential environmental affects the Hull/Piffero Subdivision will have on the environment. Councilmember Baldwin inquired of the City Attorney if Council could direct Planning staff to review the Hull/Piffero Subdivision application based on the proposed Hillside Ordinance regulations. City Attorney Rapport advised that the review would need to be conducted with the regulations in affect at the time of review. However, if the regulations changed during the DRAFT December 6, 2000 Page 4 of ! ] process of reviewing the project, the new regulations may be applied at that point, unless the permit has already been issued. Leif Fart, 616 Grove Avenue, former member of the Ukiah Planning Commission, discussed the history of how the Nix project was evaluated, and noted that the project started without permits. He discussed how efforts failed to revise the City's hillside ordinance before the grading and cutting project on the Nix property was approved. He applauded City staff for their efforts to monitor projects for compliance and to initiate review of the Hillside Ordinance. Terry Poplowski, 612 Walnut Street, expressed concern with the Nix project and the Hull/Piffero Subdivision project. He stressed that Council be vigilant in dealing with these projects and to take careful note of the upcoming environmental review in light of the nature of the soils on the hillsides and the damage that too much grading can cause to land and streams. Mr. Stump advised that Planning staff would formulate recommendations to the Planning Commission during the Public Hearing process that follows the workshops. He noted that the engineering firm under contract provided annual inspections with the property owner. He will hopefully visit the Nix and Hull/Piffero properties this week and will report back to Council. The City's Building Inspector has been inspecting the Nix construction project. Councilmember Smith expressed a desire to accompany Mr. Stump on this inspection of these properties. Discussion followed concerning build-out potential and subdividing properties on the western hills. The City's Fire and Engineering Departments have taken an active roll in review of projects. There was also a brief discussion of the previous history related to the establishment of the hillside ordinance. Staff resources available to accomplish the task of determining the build-out projections were also addressed. A key variable to the development of the western hillside is fire protection. Consensus of Council directed the City Manager to make arrangements for the City of Ukiah Fire Department and California Department of Forestry to provide Council with a review of the firebreak along the western hills. Joan Hermann, 404 Oak Park Avenue, and 60-year Ukiah resident, discussed her concerns with disturbance of vegetation on the western hills. She encouraged the City to take these concerns into consideration. Bruni Kobbe, Standley Street, explained that many neighbors are concerned with the developments on the western hillside. She stressed that Council pay close attention to the Planning Commission and considers their recommendations. DRAFT December 6, 2000 Page 5 of ] ! NEW BUSINESS 9d. Status Report Reqardin.q Si.qns Proposed for the New Thurston Auto Plaz~ Located North of the City Limits Planning Director Stump advised that as part of his new auto plaza project north of the City limits, Mr. Dennis Thurston is seeking relief from a number of County sign regulations. At the request of the County, staff responded to the proposal by submitting a letter objecting to the proposed variances for the Highway 101 signs. Staff expressed concern that the signs were inconsistent with the purpose, intent, goals, and policies of the Draft Ukiah Valley Area Plan and also with what the City is attempting to achieve in the City limits. Staff concluded further that the signs would be distinctly out of place in the rural scenic setting of the site, and would conflict with the broader goal of establishing a consistent approach to design in the Ukiah Valley. The County's conclusion was similar to the City's and they are recommending a compromise to the original proposal. He briefly discussed the Fowler Auto Dealership signs at their new location along Highway 101 in the Airport Industrial Park (ALP) and the Planning Commission's decision to allow an eight-foot monument sign instead of allowing Mr. Fowler to relocate an approximate 20- foot tall pole sign to that location. Other smaller signs were also allowed for this project. He explained that the County Code allows a 25-foot sign. He felt a 20-foot sign could be tastefully placed on the Thurston project site since the site elevation is lower than the freeway elevation. Further discussion followed concerning the Ukiah Valley Area Plan and the importance of improving the relationship between Mendocino County and the City of Ukiah in many urban and regional issues. Judy Pruden, Ukiah, advised that many people have contacted her about the sign proposal for the Thurston project and voiced no support for proposed signage. She discussed signage statistics for the project, the Fowler Auto Center project in the AlP, and felt it is important that Council let the Board of Supervisors know that they are supportive of staff's comments, and that Council ask that the height not be any higher than what the City has already approved at the AlP, which is eight feet. She felt it is important that Council make a statement regarding the signage issue. She noted that the Board of Supervisors would address the signage proposal on December 12, 2000. Rosalind Peterson advised that she is distressed that Thurston is requesting signs of 60 feet in height, lighted signs, and variances for signs on buildings as well as those along Highway 101 and State Street. She discussed the lack of landscaping for the project, and other variances that have not been approved by the County. She requested Council formally voice their opposition to the project. Councilmember Baldwin inquired if County Planning Commissioner McCowen would be willing to enlighten Council on the history of the project. John McCowen, felt it inappropriate to respond at this time, however, he advised that the matter did not come before the County Planning Commission. DRAFT December 6, 2000 Page 6 of ! ! Discussion of the County Planning Commission process was reviewed with regard to the Thurston project. It was noted the County Planning Commission process is very different from the City's Planning Commission with regard to discretionary review of signage and landscaping. Mr. Stump stated that the County would need to make required findings in order to grant the variance. It was his recollection that the maximum height limitation by the County Code is 25 feet along the freeway, and no electronic message signs are permitted. Discussion followed concerning whether Council could take action on this matter at this time. A review of how the item was agendized deemed there was not adequate notice, under the Brown Act, for Council to take action at this time. However, Council could direct staff to draft a stronger letter to the County expressing Council's concern about the project. MIS Baldwin/Smith refusing to accept staff's Status Report and directing staff to draft a stronger letter to the County opposing any form of variance to the existing County sign ordinance for the Thurston project. Discussion followed with regard to the acceptance of the Status Report. MIS Baldwin/Smith amending previous motion to receive staff's Status Report and directing staff to send the County Board of Supervisors an even stronger letter opposing any form of variance for the Thurston project in terms of signage and landscaping. Discussion followed with regard to landscaping requirements and it was noted that the County is not considering landscaping for this project at this time. Further discussion was had with regard to the County taking into consideration the City's standards, the City of Ukiah General Plan, and the proposed Ukiah Valley Area Plan. MIS Baldwin/Smith amending previous motion that Council receive staff's Status Report and directing staff to send the County Board of Supervisors a strong letter opposing any form of variance for this project in terms of signage and to also consider the standards used by the City of Ukiah in evaluating the Fowler Auto Center project at the Airport Industrial Park, and sensitivity to the proposed Ukiah Valley Area Plan, carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. NEW BUSINESS 9e. Introduction of Ordinance Amendinq Section 1607 of the Ukiah City Code Reqardin.q Claim Filinq Procedures City Attorney Rapport advised that the proposed Ordinance amends Section 1607 of the Ukiah City Code. Normally, anyone that has a claim for money or damages against the City has to file a claim with the City first before they could file a lawsuit to seek to recover those damages or monies. There are certain exceptions in the Code from that requirement but there is a specific provision in the California Tort Claims Act that allows the City to DRAFT December 6, 2000 Page 7 of ! ! adopt an ordinance that requires them to file that claim in the same way that other claims are filed. The 1989 ordinance only refers to the City and does not expressly mention other City agencies or departments, although referring to claims against the City of Ukiah implied that. In order to make this clear in the ordinance itself, he recommended an amendment to the ordinance which adds that claims apply, not only to the City, but also to it's agencies or departments as well. The proposed ordinance clarifies who is required to file a claim with the City. MIS Baldwin/Smith to introduce Ordinance by Title only, carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. City Clerk Ulvila read the title of the Ordinance. MIS Baldwin/Smith to introduce Ordinance, carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. NEW BUSINESS 9f. Consideration and Adoption of Resolution Approving Memorandum of Understandinq for Employee BarQaininq Unit- Management City Manager Horsley advised that the matter would be discussed during Closed Session and would be considered as 9g on the Agenda. 9f. (Formerly 6c) Report to Council Regarding AdvertisinQ for Vacancy on the Planninq Commission and Acceptance of Resiqnation of Eric Larson from the Planninq Commission Councilmember Baldwin stated that he would like Council to postpone appointment to the Planning Commission so that Council could consider changing the policy for selecting Planning Commissioners. He recommended Council adopt a policy whereby each Councilmember would appoint one Planning Commissioner for their term of office rather than the nomination process currently in place. Discussion followed concerning Councilmember Baldwin's proposal. It was noted that the City Clerk has prepared the Press Release advertising for appointment to the Planning Commission and that it is within Council's discretion to change the date of the appointment. However, Council does not have the authority to change the process for selection of a Planning Commissioner to fill the current vacancy at this time. City Attorney Rapport advised that in order to change the selection process for the Planning Commission, an amendment to the City Code would be needed and could be enacted by adoption of an ordinance making such changes. The ordinance would be introduced, then adopted at a subsequent Council meeting, and would then be effective 30 days thereafter. MIS Baldwin/Ashiku to postpone the scheduled appointment to the Planning Commission DRAFT December 6, 2000 Page 8 of ! ! until Council has considered amending the City Code regarding the process whereby Planning Commissioners are appointed. Mayor Ashiku was of the opinion that, due to the timely issues of the City's Planning Department, it is important not to delay appointment to the Planning Commission. He also noted that the term of the Planning Commission vacancy will expire in June 2001, and Council would have an opportunity at that time to address the issue. He did not want to deprive the Planning Commission of a full Commission during the next few months Motion failed to carry by the following roll call vote: AYES: Councilmember Baldwin. NOES: Councilmembers Larson, Smith, Libby, and Mayor Ashiku. ABSENT: None. ABSTAI: None. MIS LarsonlSmith to accept the resignation of Eric Larson on the Planning Commission and receive report that the vacancy has been advertised for appointment. Discussion of the current nomination process followed. It was suggested that Councilmember Baldwin bring his proposal back to Council in April 2001 and if approved, would become effective by June 2001 when further appointments to the Planning Commission are scheduled. Motion carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. 10. CITY COUNCIL REPORTS Councilmember Larson attended the Small Town Christmas ceremony and he also attended the Police Officers Christmas party. Councilmember Smith encouraged everyone to attend the street lighting ceremony tomorrow night. He reported that Christine Dillard has submitted her resignation to the Main Street Board. There Main Street Board of Directors and the Chamber of Commerce have established a joint committee to explore collaborating their efforts. Today he attended a meeting of the Workforce Investment Board. A presentation was made regarding the Mendocino County Child Care Planning Council 5-Year Strategic Plan. Of particular importance is a section titled "Partners with a Role to Play" that lists organizations, including City Councils. Concerns were identified concerning the role that City Councils would play with regard to zoning issues that may arise relative to childcare. He attended the Small Town Christmas presentation and the Truckers Parade. He briefly discussed traffic during the parade and noted consideration should be given to closing State Street during the parade. He also attended the Police Officers Christmas party and was impressed with their program. Councilmember Libby reported attending the open house for the Grace Hudson Museum. She also attended the Police Officers Christmas party and the Small Town Christmas DRAFT December 6, 2000 Page 9 of ! ! celebration. She noted that a lapse in time between the Small Town Christmas program ending and when the Truckers Parade began. She recommended that in the future, Christmas music could be aired during this lapse in time. She reported that EDFC sponsored her attendance at a workshop for community fundraising and the techniques of fundraising. She felt this would be very helpful to the Recreation and Community Center because their main goal for the next few years is fundraising. Last week she attended the Mendocino County Flood Control District workshop on water rights. She felt it was very educational and they also made it very clear why we need to document our use of water when we want to apply for a water license. MCOG had a meeting this week and it received the unmet transit needs for 2001-2002. They voted to reaffirm the second amendment to their STIP program for the California Western Railroad projects. Approximately $524,000 has been designated for railroad funding. EDFC met today and Janet Thomas was voted as a new Board member. The audit for 1999-2000 was accepted. Councilmember Larson inquired if MCOG had discussed the increased cost for the Willits Bypass, and if they would reconsider their previous allocation of approximately $17 million in STIP funding for the project. Councilmember Libby explained that MCOG discussed the matter and noted that the original allocation would not change unless new funding sources became available. She noted that MCOG Board members are planning a workshop in January 2001 concerning the various funding sources and how the funds are appropriated. Councilmember Larson inquired if MCOG will be making decisions at this workshop and if Council would have an opportunity to provide direction as far as the allocation method, and if it would come to the City Council for consideration. He stated that he would like Council to be able to consider what the City's position on the funding allocation plan and direct its representative on MCOG to vote accordingly. Councilmember Libby advised that the MCOG Board would be providing their recommendations for funding. She can make available MCOG materials for the workshop to Council City Manager Horsley explained that she would contact Phil Dow about the agenda for the workshop. Councilmember Baldwin had nothing to report. Mayor Ashiku reported that he attended the Police Officer Christmas party. He also DRAFT December 6, 2000 Page 10 of ! ! attended a portion of the Mendocino County Flood Control District and noted his disappointment with their reluctance to answer a number of questions that were brought forth by the audience regarding the process of ascertaining allocations in the development process in relation to the District. 11. CITY MANAGER/CITY CLERK REPORTS City Manager Horsley advised that Dan McKee, former reporter for the Ukiah Daily Journal, has accepted the editorship of the Willits News. She noted that Mr. McKee has been very fair to the City in his reporting. The City's Web site design is about 70% complete and she will provide information to Council so they can review the City's Web page and provide comments to staff. City Clerk Ulvila advised that the latest edition of the Roots of Motive Power Newsletter, A Celebration of 50 Years in the Redwoods, was received this week and is available for Council's review in the Council office. Recessed: 8:37 p.m. Reconvened: 8:45 p.m. Adjourned to Closed Session: 8:45 p.m. 13. CLOSED SESSION a. G.C..~54957.6 - Conference with Labor Neqotiator Employee Negotiations: Management Unit Labor Negotiator: Candace Horsley b. G.C..~54957.6 - Conference with Labor Neqotiator Employee Negotiations: Electric Unit Labor Negotiator: Candace Horsley Reconvened: 9:34 p.m. 9f. Consideration and Adoption of Resolution Approving Memorandum of Understandinq for Employee Bargaining Unit- Manaqement MIS Smith/Larson adopting Resolution No. 2001-35, Approving the Memorandum of Understanding between the City of Ukiah and the Management Unit, carried by the following roll call vote: AYES: Councilmembers Larson, Smith, and Mayor Ashiku. NOES: Councilmembers Libby and Baldwin. ABSENT: None. ABSTAIN: None. 14. ADJOURNMENT There being no further business, the City Council meeting was adjourned at 9:35 p.m. Marie Ulvila, City Clerk DRAFT December 6, 2000 Page 11 of ! ! ITEM NO.: 5a DATE: December 20, 2000 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF NOVEMBER 2000 Payments made during the month of November, 2000, are summarized on the attached Report of Disbursements. Further detail is supplied on the attached Schedule of Bills, representing the four (4) individual payment cycles within the month. Accounts Payable check numbers: 27719-27927, 28026-28177 Accounts Payable Manual check numbers: 20577-20578 Payroll check numbers: 27619-27718, 27928-28025 Void check numbers: None This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1. RECOMMENDED ACTION: Approve the Report of Disbursements for the month of November, 2000. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Kim Sechrest, Accounts Payable Specialist Coordinated with: Gordon Elton, Director of Finance and Candace Horsley, City Manager Attachments: Report of Disbursements Candace Horsley,'CiI KRS:WORD/AGENDANOV00 Manager CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF OCTOBER 2000 Demand Payments approved: Check No. 20577-20578, 27719-27810, 27811-27927, 28026-28109, 28110-28177 FUNDS: 100 General Fund $106,583.66 660 131 Equipment Reserve Fund 664 142 National Science Foundation 665 143 N.E.H.1. Museum Grant $1,858.25 670 150 Civic Center Fund 675 200 Asset Seizure Fund 678 203 H&S Education 11489(B)(2XA1 $2,048.97 679 205 Sup Law Enforce Srv. Fd (SLESF) $214.63 695 206 Community Oriented Policing $435.39 696 207 Local Law Enforce. BIk Grant 697 220 Parking Dist. #10per & Maint $537.78 698 250 Special Revenue Fund 800 260 Downtown Business Improvement 801 300 Gas Tax Fund (2106) 805 301 Gas Tax Fund (2107) 806 332 Federal Emerg. Shelter Grant $7,991.71 820 333 Comm. Development Block Grant $750.00 900 335 Community Dev. Comm. Fund 910 410 Conference Center Fund $7,910.77 920 550 Lake Mendocino Bond $660,781.34 940 555 Lake Mendocino Bond Reserve ($121,902.78) 950 575 Garage $1,043.78 960 600 Airport $42,762.23 962 612 City/District Sewer $100,052.77 965 640 San Dist Revolving Fund $330.00 966 Sanitary Disposal Site Fund Disposal Closure Reserve Refuse/Debris Control U.S.W. Billing & Collections Contracted Dispatch Services Public Safety Dispatch MESA (Mendo Emerg Srv Auth) Golf Warehouse/Stores Billing Enterprise Fund Fixed Asset Fund Electric Electric Revenue Fund Street Lighting Fund Public Benefits Charges Water Special Deposit Trust Worker's Comp. Fund Liability Fund Payroll Posting Fund General Service (Accts Recv) Community Redev. Agency Redevelopment Housing Fund Redevelopment Cap Imprv. Fund Redevelopment Debt Svc. PAYROLL CHECK NUMBERS 27619-27718 DIRECT DEPOSIT NUMBERS 8943-9039 PAYROLL PERIOD 10/15/00-10/28/00 PAYROLL CHECK NUMBERS 27928-28025 DIRECT DEPOSIT NUMBERS 9040-9136 PAYROLL PERIOD 10/29/00-11/11/00 TOTAL TOTAL TOTAL TOTAL TOTAL DEMAND PAYMENTS PAYROLL VENDOR CHECKS PAYROLL CHECKS DIRECT DEPOSIT PAYMENTS VOID CHECK NUMBERS: none $60,157.80 $2,311.83 $1,346.21 $2,168.87 $69,808.10 $1,062.05 $3,546.85 $11,076.91 $365,768.56 $12,240.29 $44,249.42 $13,272.81 $34,789.00 $120,480.18 $731.99 $360.45 $23,503.99 $304,762.62 $1,883,036.43 $68,350.54 $159,045.31 $216,919.13 $2,327,351.41 CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on City Clerk APPROVAL OF CITY MANAGER I have examined this Register and approve same. CERTIFICATION OF DIRECTOR OF FINANCE I have audited this Register and approve for accuracy and available funds. City Manager Director of Finance O~ rj · o o o Z 0 > 0 I o o o oo o o o 0 o ~oo ooo · . . ~UO0 0~ ~0 0 Z ~ ~ .~ ZH Z o~ ~o o O~ ~o OD OH ~° o o Zmm © o o o o o ooo o o o o o o 00 00 ~ ~o b~ ~o ~o ~o o o o o o ooo · 0 DD o o o ~oo o o o o · ~o c~ · . t~ oh · i..-q Oo Z 0 ~ ~8©o O~ZZ ~88 0 ~0 0~ 0 U > ~Z ZH ~0 Z 0 E~ n, 0~0 0 H~U~U Z~~ 0~~ o o o o o o o o o o 0 0 OoO o o o . o · t.D · o ~q r.o r.o oo~ oo o ooo · . . Z :>> Z 0 Z~ ~O O~ :~ > Z ~Z ~o ~o t...q Z 0 ~U :~o ~E~ 0 i-q i.-q ZO 0 E~ Z 0 OZ OZ OH Z~ 0 u,4 ~ o o ~ E~ ~ 0 or~ r~ 0,~0 E~E~ OmZ 00~: ~0 0 r~O 0~ o Z o o H~E~ OD~ ~00 i O0 d o~ OH · ~ 0 O0 O0 000000000 0 ~0 000~ 0000 0000 0000 oo ~S~ 0000000 ~ O0 00~ ~00 .... ... o~o o~oo ~~~o~o~o~ · . . . . . . . . oo~oo~ooo o~o~oo ooo~ ZZZZ ~~0 ~~0 E~ E~ E~E~O O0 0 E~E~Z 0 O0 0000000 ....... o~oo~o · . . . . . . o~°° 0~~00 o~ o Z~ Oo 0 Z ~ O~ oUU~UUUo ~0 O~ O~ 0 , ¥ 0 U 0~ Z~ H~ ~ 0 Z~ 0 ~o o OZ O0 oogEoo§ O0 O0 0 UO000000 0000000 0 I,--I O0 O0 O0 o oh o o O0 ooooooo 00 00 0 gEoo;oooEo O0 000 0 0000000000 ~oo~oo~o oo~o ~o · 0 ~ o~°~ ~ o~ ~0 ZZZ~ ~0 o o o o o o · o o · . o o · g° c> ~0 0 0 > oo~ °° ooEE°o UO000000000 0000000000 0 U~ Z~ k~ O~ 0~ ~0 E~O~ o o o o o o Ln Ln 0 0 0 0 o o o o ,~. ,~ 0 0 0 o o o o ,-t o~ U ~0~ ~OE~ ~0 H~O U H H 0 mm> u o Oo Z 0 O~ mz z rtl H ~ ~E~ rtl 0 Oo ~o ~0 H~ ,..-] ZO O~ Z~ O0 ZU O~ 0 ~0 ~ 0 ~ 0 O~ 0 o ~ F.r.]~H~ 0 E~ U ~] 0 .~ 88°°8§°°oooo 8 o o o o oo ooo ......... ZmmmmZ Z ~0000~ Z Z E~ Z o o o E~O Z~ oo oo oo oo oo oo ooooooooooooooo~ooooooo ....................... ~o~ooo~oo~oo~oo~oo~ ~~000~00~00~00~~. ~ ~ ~ ~ Z ~ 0 ~ ~0~0~ ~Z ~0 ~0 ZO 0 oo8 o oo ooo o OO Z 0 > 0~ i.--i ~000000000000000000000000 000000000000000000000000 o~ E~o U · > u~ g 0 o o · 0 o o o o ooggg 00000000 00~00000 00~0~00~ oo oo~°° oo~ mm~m m mO ~0~0~0 ~ ~ o Oo o > ~o O~ > ~o ~ ~ ~0 ~ ~ 0 O~ O~ 0 0 Oo 0 z ~3 · o ' 0 0 o o o~ , 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C~ 0 0 0 0 O0 00000 000 ~ C~ C~ 0 0 0 0 0 0 0 0 0 0 0 o 0 o 000 0 CO · . 0 ~ Oq · · · 0 o~o OO Z o Om > oZ Z H ~o ~Z o ZZZ 0~ ~ZZZ ~° ~Z~ O~ ~Z~ oo 0000 0000 0000 000000 000000 000000 00 00 00 og ~ t~ 0 0 O o ~ o 0 ~ ~J · 0 mm:> Z 0 ~J H ~> ~Z O~ HHHHHH ~000000 r..) orJ O~ ZZ 0 °~ 0 0 H~ ~ ~ oo~ ZZZZZZZZZZZZ o~oo~oo§ooo~oo~ooo o 00000000000000000000 0 o~~~~~~~~oo oo oo o oo O0 O0 O0 00000 O0 ~ Z~ Z ZZZZZ z~ ~5~z5 ~0 Z ~ ooogoog~oggoogoog~oog OOO OO OO OO OO OO OOOOOOOOOOOOOOOOOOOOOO ~O~O~~O~O~O~O~O ~ ~o~o~oo oo ~~ o~o OOOOOOOOOOOOO~O~OO~ ~o ~~o ~~o ~oo ~ H ~ H ~ ~ ~ ~H Z 0 ZH ~U O~ :> O~ ~m , ~H ~ H ~Z H ~ Z O~ O~ HO Z~ O H H H mm 0000000000000000000000 ~0000000000000000000000 o~: U 0 rJ · > 00000000 oo oogg~goo 0000 0000 0000 00 o o o CD ~ t~ 0 0 0 CD 0 0 0 0 00 o 0 o o z o mmZ~m~mmO 0 O0 oo~ 0 00 · . u ZZ H ~-~ ~o 0 CO Oo U~ o ~ H ~mmmmmmmm 00000000 ~00000000 o ~ZZZZ UZ I---t '0 ~Z u N H o,~ i-i r..) , 0 ggg~ 0 0 000 ooo 0 0 0 · 0 og · · o C> C> E~E~O ZZE~ ~0 ~oo O0 .... ~°° gg~g ~~0 >mm> oo§gooogoooggo O0 000 000 0 00000000000000 0~~00~~0 ~o~o~o~~ O~ ~0 ~0 0 Z · . . . . . .... . .... ~E°~~°g~~°~°~ ~ ~ 0 O0 · · · o Z o ~~oooooo0 oooooo~~~ ~~0o00000 ~Z oo ~ o ~ ~o oZ O~ ~Zo~ 0 O0 ~00 000 O0 O0 000 000 O0 000 O0 0 00 og c~ 0 0 oo o 00000000000000000000000000000000 00000000000000000000000000000000 ~~~~~o~o~oo~oJ~ooo~~ ~°° ~~oo~ooo ~ §~°~ o~ :~o~ o~ ~ ~o~°~ ~o ~~°° ~~°° 000000000 0000000000000 000 0000 ~o ~ · . . Oo 0 :> 0 oo~§oo§~oo§§ooo~ooo~§oo~§oog~oo m~ZZZZZZZ~Z~ZZZZ~ZZZ~~ZZZZZZZZ o o , ~0 m> r,_) · > Z O0 O0 o~ o o o ooo c~ ~ oggooggoogooggo oo oo oo ~gg~gg~gg~oo og O0 0 0 0 0000000 O~ 0~0~0~ 0~0~0~ ZZ~Z o o · · LD · ~0 00 · 0 o o · o o °~ ZZ i i ooo ooo ooo 000 · o m~O o o 0000000000000 ............. ggooo~o~g~~ 0~~0 ~ · ..... ggooggoogooggooo oo oo o gg Z~. OO Z 0 Z O~ E~ E~ 0 0 H 0~ ~ m~ 00000000000000 0 O~ ~U O0 OHM o~ C) O0 O0 t~ 0 0 0 og 0 ~ O~ ~-~ ~-~ O0 o 0 r~ 00 o~oo~ 000~ ~oo~ ~oo~ · . . . . 00~ 00000 ..... 00000 ~o~ O~ ..... °°~° ooo ooo · . . ~ ~o~ 0 0 O0 · . · , o Oo Z 0 O~ OH 0 o21 o~ o o ~ Zo Z o oo o mm u~ C~ Z oO 0000000000000000 000 O0 000 ~~~~0000 oo~~ ~~oo~ mmmmu~uu Z~ZZZZZZ HHHHHHHHUU~U~~ · d H H 0 ,--]0 u ~:H 0 o ~ ~ o ~ ~D~D~D~D~D ~HOH~HmH~H0 DHDHD 0~0~0 0 U uo U ~ o O~ U · o ooo o o [~ [~ [~ co co o o o o o o c~ o o ooo r..~ t.~ [~ o~gg~gggoo 00000000 0 00 og r-t oo oooo gggg oo~ · . . ... ooo ~0~ o o o o · . °~ · · 0 I.-q [~- o o o · c> O0 O0 000000 ...... oo~o o o°~°~°~ ~o O~H~HH 00 00 · . 00 · · · ~Z Z~ OO U~ ~o0~ ooO o 0 0~ ~ZZZ H~ZZZZZZZ ~0000000 ~>:> 0~~ Z oo oo oooo oo OOOOOOOOOOOOOOOOOOOOO oo ggo o ggg O0 000 o~ooo~ooo~oo~oo~oo 0 O0 O0 000 O0 O0 0 OOOO OOOO OO OO OOOOOO OOOOOO OOOOOO o g ~ZZZ ~ZZZZ ZZ ZZZZ ZZZZZ ZZ O0 Z ~ZO 0 ~ ~~HHH0~HHHH~OO~O~ oog§ O0 0000 °~° ~~0 o°g°°ggo o 000000 ~oo o ZZZZZZ~ 000000 Z~ ~o~ OO O~ O~ 0 Om -0000 0~~ 0 o ~ Z ~ ,-t z ~ 0 ~ 0 O0 0 Z~ZZZZZ ~000000 E~ O i ,-t 0 C) 0 0 o 0 o o o o ~ o o ~o ~ 0 0~ cz, .,~ ~ OH u ~oo oo oooo .... HHHHO ,-t 0 · 0 · 0 · · I.-q u Z~ Oo U~ o ZH 0o3 Z~ Z o ~ o ~ o~ Z H ~ .o ~Z EH ~ ~~ ~ ~ ~ 0 ~ ~ ~ H o~ o ozz ZZ H H d ~ o o rD O~ ~ · o > Z o o o o t~ t~ ooo 00000 oo o ,-~ ~ o o o o o o og t.~ t~ o~ o o o~ ce} o'3 r~ og 00000 oo~ 0 0 E~O HZ 00000 0 ZH O~ O0 U~ I> HHHHH mzzzzz ~00000 Z o~ u · 0 00000000000000 0000000000 00 oEEoo~EE~EE~o oo o E 00000000000000 · .. ...... ..... o~oo~ooo~ooo~ 00000000000000 ZZZZZZZZZZZZZZO ooooo 0 O00 · . · °~ · · o · o 0 0 ,-t ,-t Oo Z 0 O~ Z~ u Z o Z Do 0 0 O~ u · 0 o~ (J · Z °~ O00 ~q 0 0 im,. {..,.. ""' m og 0 ,-t 0 O0 O0 0 ,-4 o~ooo§o 0 000 0 00000000 o~oo~o ~0 000000 000000 000000 oo~oo~ ~ ~oo ' o ~ o ~ o ~o o o 0 0 0 0 ~ · .. . ~ 0 0~ 0 0 O0 ~ 0 0o0~ ~ ~ ~ .... . . ... E~O O0 0 ,-t ~o o 0 000 0 ... . ~o .... o~~ ~0 ......... 0 O~ 0 > o L~ O0 I.-i H Ur, J o o o o o o °~ 0000 O0 oo§~ °°~ o o o o o~ c~ c~ ~0 o L~ o o mm> o o ~ o O~ O~ 0 H ~ ~ 0 H~O~ mOHHO 0 0 O~ mO o 0000 0000 0000 °°~ 00~ 00~ .... ~~0 00~0 00~ o Z~ O~ 0 Z~ O~ Z~ ~o ~> ~>> o oo o o o , co Oo Om o ~J ~o ~ Omm ~ ~ o 0000000000 0000000000 0000000000 ooo~oo o§~oo§~oo~oo~ooo~oo~oo~~ 0 O0 O0 O0 000 O0 O0 O0 0 000 00000000000000 000000 ~oo~oo~oo~o~oo~o~oo~ ~ ~ ~ ~ ~ ~ ~o~~o~o~o~o~o~o~~ ~ ~ ~~ ~~ O0 000 000 O0 0 O0 O0 · o o 0 000 · ~o · · · 0 O0 ~oo~g~oO§~oooo o~~ oo~ ~ oo~ 000~~~ .......... ~oo oo~§°° oo~ o oo~ °~ §~oo§§oo~§oo~oo~oo§ooo~oo~ O0 O0 O0 O0 O0 000 O0 000000000000000000000000000 .. ... .................... oo oo~ ~o~ o~ ~ O0 ~0 ~0 OOu O~ ~ 0 ~0 ~0 0000000000000000000~0~~ ~ ZZ~Z~ZZZ~ZZ~Z~ZZZZZ~ZZZ 000000000000000000000000000 0 Z~ O~ 0 ZH n~rJ O~ UO00000000000000000000000000 O~ o · > O0 0 ~°° 000 0 o oo 0 O0 O0 O0 00000000000 000000 O0 ~ ~ 0 ~Om~ ~0~ oogooggoogoo 000000000000 ~0 0 O0 0 ~mzm~zzmzm~m ~00000000000 Z~~~~ 0 O~ 00000000000 ~o~oo~o~oo~oo~oo~o~~ ~ ~ ~ ~ ~ o o 0 ,-.4 o~oo§§oo~oo~ooo§~ooo§ooo§~o 0 O0 O0 O0 000 000 000 0 0000 00000000000 0000 000 O0 ................0............ 00000000000000000000000000000 ~§oo§~o~~o~ooo~~~oo~g~~ o ~o ~o~ o~ ~ ~oo~oo ~ ~ ~0 ~> ~0~00 Z 0 ~ H o 0~, ~00000000000000000000000000~0 Z OH ~Z ZO ~HHHHHH o L~ O0 O0 O0 O0 O0 0000000000000000000 000000000000000000~ 000 O0 O0 000 O0 ~0 O0 0 §oo~oo§~o O0 O0 0 ~° 0 0 oo oo oo ooo ooo ooooooooooooooooooo ~0~00~~000000 o o o ~.-I (~ 0~ ~0 oo§§oo§oo O0 O0 O0 000000000 oo~oo~oo ~~oo~o~ O0 ~ ~0 ~ 0~~00 ooo~§~o t .Z r..) H OD O~ o o r Jo or..) 0 O~ 000 O0 ~oo~oo 00000000 00000000 U ooo ooooo ~°° o o o o o o o °~ r~ ~ o o O0 O0 0 0 0 ~oogooo~o O0 000 0 0000000000 .......... ~oo~oo~o ~0~~0~ .......... 0000~0~0 ~0~0~00 §oo§§ oo ooooo ..... ..... °°°~ o~o°o o ooo · . . ~° · o o · o o mmm> o o · H E~ Z 0 Z 0 ooo o oo ~ZZ ZZ moo oo ~00~00~ ~00000~ ....... 000~00~ ~00~000 ~00~00~ 0 O~ Z~ > ~ Z 003 ZZ H OD OD , 0 H O~ E~o U ! Z oo 0000 000000 000000 O0 0 0000000000 ~00 O0 O0 O0 0000000000 o 0 o o oo 0 000000 ~~oo 000000 ~§°°o oo~ ~oo~ooo§oo O0 000 O0 0000000000 ~oo~ooo~oo 0~000~0~ ~ o o ~° Z o ~.1 H Oo ~0 o OE~ E~ ZO Z ~ HHHHHHHHHH o~~ <oooooooooo ~Z ~o oo o~ {j · I> 0 ooo ~° oo o o o o 0000 0000 ~°°~ ~ 0 0 0 o o Oo o ~:o , ~> HO ,-3 ~0 d ¥ ~0 o o (~ :~ o · 0 0 M n~ (~ · > Z 0 E~ 0 Z m 0 0 D~ 0,< E~o rj . o o o o °g o oo oooo oooo oooo ZZ 0 0 o o o ',..o 0 0 ~ Z o o o o LD Ln 0 0 ~0 E~ ~ ~HO Z~Z oa.,~ o~8~ ~~0 r~ r~ D D 0 ~o~ H H H ZZZ ~0 ZZZ~ ~0 ~Z Z~ OC~ Z Z H r~ Z~ ~0 H O~ 0~ H ~ H ~Z ~0 ~O~H~ 0 r,. LO 0,~ H 0 c~ o,1 o o o o o o ~ ['~ Z Z O0 ~ Z o c:~ o o o o o o o ,--I ~ 0 0 o 88 ZZ ~ H ~0 O0 0 E~ · 0 H t~ ~0 0 ~ Z~O ~0 a~a~O OOM oo8 Z 0 [.~ H > H ~'~ Z ~ 0 ~ r~ Z H 0 0 Z H H , 0 mM OZZ ~aO0 DC) CD ~ o~ Z Z © ZZ ZZ H ~ ZZ 0 Z 0 ~Z © Z © 0 0 a~ Z ~ OZ °°~ °~ o o o o o o ~ t'~ Z Z 00 Z Z Z Z 00 ZZ 8° o8 cq 0 0 ffi ~ ~ DDDDO Z Z ~ UU~U ~ ~0 ~ ~ ~ ~ZZZ ~ ~ ~ 0000~ > > ~0 U U ~0 ZZ:~ 00~ UU:> >> ~0 Z~Z 00~ o ~o Lf~ O~ · . . ~Z H~ ~ 0 OC~ U~ U ~ Z 0 Z ~ n~ U ora > ~ ~ 0 O~ 0 o 0 , ~- ~ O~ ~ ~ Z~ ~ Z~ ~ OZ D 0 H ~ m ~0 Z~ HO~ ~O~ZZ ~00 OZZ~ ~00 0 ~ H Z O~ ZU u DD~ ~ 0 ~0~ ~ZU ZO~ Z ~ ~ 0 U ~ ora Z H ~ U ~ OH ZU E~o H C) U ' > Z 0000 0000 gg° o 0000 0000 0000 o o oq o o o c~ o o o o o 0 0 0 ~ O ~ O ~ ~: · o ~ o · o o88o ZZZ~ ~~0 Z~ZZ~ ~~0 o 0~0 ~ ~0 888 0000 0 UUU~ 08000 0 000 ..... ~0~ o© ~ 0 mZ Z~ Oc~ U~ U ~ Z 0 ~ H > E~ ~Z E~ ~ Z~ 0 O o~ 0 E~ Z~ E~ c~ E~ H :DH Z~ Z Z ~ 0 ~ E~ E~ 0 ZOZ ~Z~ OHO c~Z :~0 0 © o o o o HHHH Zoooo ~oooo ~0000 ~ZZZZ 0 0 Z H Z ~0 Z ~ M Z Zo ~ o ~ 0 0 > U~ H [~ ~ Z 0 ~ 0 ~ U o :z: o 0 oo8 0~ ~ZZZ © © LD t.D LD C~ 0'3 og o'~ o o o o o o 0 0 Ln Ln 0 0 Cr~ U H ~: , O'~ H M HF4,~ E'-' O O O n~ MO ,~oO~ 8°o o8o O ~ u 0 m O O ~ O ~OO r~ZZ H ~Z ~ H Z O~ O m H ~ O O O O ~ O~ ~O ~Z Z~ 8 u~ HO H r~ Z E~ 0 ~ ~.Z H U] ~ 0 Z~ 0 m 0 ~ 0 ~ Z ~ ~ 0 Z ~ O~ ~ H Z 0 Z~ OC~ Z 0 Z ~ 0 o~ Z~ 0 0 u~ E~ 0 ~q F-I O U * 0 I I 0 o i 0 ~ · 0 Z Z 0 0 Z Z r.p r~ 0 0 rj~ ~ o o E~ Z · ~ o 0 rj . . Z 0 Z ~ Z ° © Z~ O~ o E~ 0 ~0 g° · ~° ZZ~ 0 ~0 · 0 ~ tx] o o o o o o · . o o o o · . o ,-4 ,--4 o ,-I ,,~ · . 00 o ZZ ~ [-~ · 0 c~ Z ~ ~ E~ 0 ~ E~ ~0 · o~ Z 0 Z ~ 0 ~ Z~ Zo 0 ~ 0 Z O~ U o ~D · ~o ~ 0 0 aa ~-~ 0 ~ · > Z © > ITEM NO. .5 b DATE' DECEMBER 20, 2000 AGENDA SUMMARY REPORT SUBJECT: REJECTION OF CLAIM FOR DAMAGES RECEIVED FROM PAMELA LEYONE AND REFERRAL TO JOINT POWERS AUTHORITY, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND The claim from Pamela Leyone was received by the City of Ukiah on December 1,2000 and alleges damages related to a trip and fall at 209 School Street on September 8, 2000. Pursuant to City policy, it is recommended the City Council reject the claim as stated and refer it to the Redwood Empire Municipal Insurance Fund (REMIF). RECOMMENDED ACTION' Reject Claims For Damages Received From Pamela Leyone And Refer It To The Joint Powers Authority, Redwood Empire Municipal Insurance Fund. ALTERNATIVE COUNCIL POLICY OPTIONS' Alternative action not advised by the City's Risk Manager. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Yes Claimant Michael F. Harris, Risk Manager/Budget Officer Candace Horsley, City Manager 1. Claim of Pamela Leyone, pages 1-2. APPROVED~ ~ ~r~ (~andace Horsley, ~'ity~anager NO ICE OF CLAIM AGAINST THE CITY OF UKIAH, CALIFORNIA This claim must be presented, as prescribed by Parts 3 and4 of Division 3.6, of L State of California, by the claimant or by a person acting on his/her behalf. RETURN COMPLETED FORM TO: CITY OF UKIAH Attn: City Clerk 300 Seminary Avenue Ukiah, California 95482 . CLAIMANT'S NAME: PAMELA LEYONE the . . . CLAIMANT'S ADDRESS: 771 North Bush Street Number/Street and/or Post Office Box Ukiah c~ (707 CA 95482 472-0539 State Home Phone Number ,( ). Z/p Code Work Phone Number PERSON TO WHOM NOTICES REGARDING THIS CLAIM SHOULD BE SENT (if different from above): ROBERT C. PETERSEN, Petersen Law Offices Name P.O. Rn~ llRR Number/Street and/or Post Office Box Fort Braqq CA City State DATE OF THE ACCIDENT OR OCCURRENCE: September 8, 2000 (707 ) 964-4044 Telephone 95460 Zip Code 5. PLACE OF ACCIDENT OR OCCURRENCE: . Curb, about 209 School Street, Ukiah GENERAL DESCRIPTION OF THE ACCIDENT OR OCCURRENCE (Attach additional page(s), if more space is needed): Attending Chili Cookoff; street was blocked off. Went to step off curb, foot , NAME(S), if known, OF ANY PUBLIC EMPLOYEE(S) ALLEGEDLY CAUSING THE INJURY OR LOSS: Unknown at this time . WITNESS(ES), ff known (optional): Name a. Cindy Kelly b. Robin Stout Address Telephone Ukiah Ukiah Steve Stout Ukiah . 10. DOCTOR(S)/HOSPITAL(S), ffany, WHERE CLAIMANT WAS TREATED: Name Address a. Ukiah Valley Medical Center 275 Hospital Drive, Ukiah b. Dr. Brian Cable 415 Hospital Dr~ve. I~.ah Telephone GENERAL DESCRIPTION OF THEINDEBTEDNESS, OBLIGATiON, INJUR~ DAMAGE ©~ £0SS so ar as E may be known at Se time ofpresen~tion of~e claim: I.eft fibula fracture, left second, third and fourth metatarsal fracture~, m~d~al b~l~l~, w~ ln~: -----~__ qeneral damage~ 11. STATE THE AMOUNT CLAIMED if it totals less than ten thousand dollars ($10,000) as of the c~ate of presentation of the claim, including the estimated amount of any prospective injury, damage orloss, i/~sofar as it may be known at the time of the presentation of the claim, together with the basis of computation of the amount claimed (for computation use #12 below). However, if the amount claimed exceeds ten thousand dollars ($10, 000), no dollar amount shall be included in the claim. However, it shall indicate whetherthe claim would be a limited civil case (CCP § 85)." Amount Claimed $ exceeds $50,000 or Applicable Jurisdiction Superior Court 12. a. Damages incurred to date: Expenses for medical/hospital care: Loss of earnings: Special damages for THE BASIS OF COMPUTING THE TOTAL AMOUNT CLAIMED IS AS FOLLOWS: $ 5,000 and continuing $ 2_, 500 and continuing .. Genera/damages: b. Estimated prospective damages as far as known: Future expenses for medical and hospital care: Future loss of earnings: $50,000+ $2,000 e$~, $2.500 est. Other prospective special damages: $ Prospective general damages: This claim must be signed by the claimant or by some person on his/her behcrl~.~'DlairrY'relatincl~ ' ~- ~to a cause of ecfinn for death or for injury to the person or to personal property or growing crops/shall e p sented~ot later than' =-ix-"*~' orner causes or action shall be presented not later than one (1) year afl'-, u of the c use of action. Dated: 11/30/00 SIGNA~ OF CLAIMANT(S) Robert C. Petersen, Attorney for Claimant PAH~.T.A t,F. YONE Received in the Office of the City Clerk this NOTE: This form of claim is for your convenience only. Any other type of form may be used if desired, as long as it satisfies the requirements of the Government Code. The use of this form is not intended in any way to advise you of your legal rfghts or to interpret any law. If you are in doubt regarding your legal rights or the interpretation of any law, you should seek legal counsel of your choice at your own expense. Rev. 2000 ITEM NO. 5c DATE: December 20. 2000 AGENDA SUMMARY REPORT SUBJECT: NOTIFICATION TO THE CITY COUNCIL REGARDING THE REPAIR OF AN INFLUENT PUMP BY PUMP REPAIR SERVICE COMPANY, INC. FOR THE SUM OF $5,561.71 PLUS FREIGHT. As routine scheduled maintenance at the wastewater treatment plant, staff removed an influent pump from service and sent it to Pump Repair Service Company, Inc. to be rebuilt. Cost to rebuild this pump is $5,561,71 plus freight. A Purchase Order has been issued to Pump Repair Service, Inc. for this amount. Based on our purchasing policies, we are giving the City Council the required notification of this action. This repair will be funded by Account Number 61 2.3580.302.000. RECOMMENDED ACTION: Receive and file report regarding the repair of an influent pump by Pump Repair Service, Inc. for the sum of $5,561.71. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Prepared by: George Borecky, Water/Sewer Operations Superintendent Coordinated with: Candace Horsley, City Manager Attachments: None Candace Horsley, anager ITEM NO. 5d DATE: December 20. 2000 AGENDA SUMMARY REPORT SUBJECT: AWARD BID FOR THE PURCHASE OF LIQUID POLYMER SW-238 TO POLYDYNE, INC. FOR THE SUM OF $16,710. Each year it is necessary to purchase approximately 30,000 pounds of liquid polymer SW-238. SW-238 liquid polymer is used to aid the filtering of the water at the wastewater treatment plant. This product has proven to provide the most efficient and cost effective filter process. Total quantities are an estimation of annual use. Orders are placed on as needed basis by wastewater treatment plant personnel. $122,000 is budgeted in Account Number 612.3580.520.000 for the purchase of chemicals. Requests for Quotations through the formal bid process were sent to ten chemical suppliers. Four bids were opened by the City Clerk on December 12, 2000. The Iow bid is from Polydyne, Inc with a bid price of $0.577 per pound and a total amount based on estimated usage of $16,710. Staff recommends that City Council award the bid for liquid polymer SW-238 to Polydyne, Inc. for the sum of $16,710. There is no local supplier of this type of chemical. RECOMMENDED ACTION: Award the bid for liquid polymer SW-238 to Polydyne, Inc. for the sum of $16,710. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject bid and refer back to staff Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Prepared by: George Borecky, Water/Sewer Operations Superintendent Coordinated with: Candace Horsley, City Manager Attachments: Bid Tabulation Candace Horsley, City ~anager 0 0 0 0 0 0 0 0 0 0 0 ITEM NO. 5e DATE' December 20, 2000 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF ORDINANCE AMENDING SECTION 1607 IN ARTICLE 2, CHAPTER 7, DIVISION 1 OF THE UKIAH CITY CODE REGARDING CLAIM FILING PROCEDURES At its December 6, 2000 meeting, the City Council introduced, by a unanimous vote, an ordinance modifying the Ukiah City Code regarding claim filing procedures. The ordinance is now ready for Council adoption. RECOMMENDED ACTIONS' 1. Adopt The Ordinance Amending Section 1607 In Article 2, Chapter 7, Division 1 Of The Ukiah City Code Regarding Claim Filing Procedures ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine the code section is not to be amended and do not adopt ordinance. 2. Determine ordinance requires modifications, identify necessary changes, and introduce revised ordinance. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: NA David J. Rapport, City Attorney . · r~ ~',,~ Michael F. Harris, Risk Manager/Budget Officer~,--~-~.~ ~.~,~ Candace Horsley, City Manager 1. Ordinance for adoption, pages 1-2. Candace Horsley, mfh:asrcc00 1220CLAlMORD ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH, AMENDING ARTICLE 2, CHAPTER 7 OF DIVISION 1 OF THE UKIAH CITY CODE, PERTAINING TO THE CLAIM FILING PROCEDURE FOR CLAIMS EXEMPT FROM THE CLAIM FILING REQUIREMENTS OF SECTION 905 OF THE GOVERNMENT CODE The City Council of the City of Ukiah ordains as follows: SECTION 1. The City Council finds and declares that: 1. Ukiah City Code Section 1607, originally enacted in 1989, has required claims against the City of Ukiah by city employees and public agencies to comply with the claim filing requirements of Government Code Section 905. 2. The City has interpreted this requirement as applying to claims against any agency or department of the City, including, but not limited to, the Ukiah Redevelopment Agency. 3. To avoid any ambiguity on this point, the City Council has determined to amend Section 1607 to make explicit what the City Council believes has been implicit since the enactment of Section 1607 in 1989. 4. The City Council declares these amendments to Section 1607 as a restatement of existing law. SECTION 2. (a) Section 1607 in Article 2, Chapter 7, Division 1 of the Ukiah City Code is hereby amended to read as follows: Section 1607: Procedure For Filing Claims For Money Or Damages: All claims against the City of Ukiah or any of its agencies or departments, including, but not limited to, the Ukiah Redevelopment Agency, for money or damages which are excepted by section 905 of the Government Code from Chapter 1 (commencing with section 900) and Chapter 2 (commencing with section 910) of Part 3 of Division 3.6 of said Code, and which are not governed by any other statutes or regulations expressly relating thereto, shall be presented to the City Council and acted upon as a prerequisite to suit thereon as further provided in this section. All such claims shall be presented as required by Chapter 2 of Part 3 of Division 3.6 of the California Government Code and within the time periods specified therein. Claims subject to the claim filing requirements of this section shall include, but not be limited to, claims by public employees for fees, salaries, wages, mileage or other expenses and allowances and claims by the State or by a state department or agency or by another local public entity, including school districts. The provisions of this section shall apply to any claim whether it relates to events, transactions or occurrences that took place prior to the effective date of this section or after the effective date of this section. Ordinance No. Page 1 of 2 ... SECTION 3. This ordinance shall be published as required by law and shall become effective 30 days after its adoption by the City Council. Introduced by title only on December 6, 2000, by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku NOES: None ABSENT: None ABSTAIN: None Adopted on December 20, 2000, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Phillip Ashiku, Mayor Marie Ulvila, City Clerk mfh :resord CLAIMFILING Ordinance No. Page 2 of 2 ITEM NO. ,,,,,, __ DATE: December 20, 2000 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF UKIAH CITY COUNCIL RESPONSE TO MENDOCINO COUNTY GRAND JURY REGARDING ITS INVESTIGATION OF DOMESTIC VIOLENCE ISSUES The Mendocino County Grand Jury received citizen complaints alleging the "...criminal justice system was not sensitive to the gravity of domestic violence and the prosecution and sentencing of family violence criminals was not rigorous." The Grand Jury investigated these complaints and issued its findings and recommendations in the 1999-2000 Grand Jury Final Report. The Grand Jury requires a response from the Ukiah City Council along with other jurisdictions in Mendocino County regarding the report. The attached letter of response was prepared for Council's review and approval for submission to the Mendocino County Grand Jury. Staff recommends approval and authorization of the Mayor's signature. RECOMMENDED ACTION: Approve City Council response to the Mendocino County Grand Jury for the Mayor's signature and forward letter to Judge Eric Labowitz, Presiding Judge, Mendocino County Superior Court. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Make additions, deletions, or corrections to response and approve revision to be forwarded to Judge Labowitz. 2. Reject response and direct staff to redraft with specific City Council recommendations. Citizen Advised: N/A Requested by: Police Department Prepared by: John Williams, Police Chief Coordinated with: Candace Horsley, City Manager Attachments: 1. City Council Response Letter; 2. Mendocino County Grand Jury Report on Domestic Violence. mfh:asr00 1220GRAND JURY 300 SEMINARY AVE., UKIAH, CA 95482-5400 · ADMIN. 707/4,63-6200 ' PUBLIC SAFETY 463-6242/6274 · FAX # 707/463-6204 ' EMAIL: ukiahcty~jps.net Eric Labowitz Presiding Judge Mendocino County Superior Court P.O. Box 996 Ukiah, CA 95482 December 20, 2000 Dear Honorable Judge Labowitz: The City of Ukiah is in receipt of your letter, dated November 28, 2000. The following information is the City of Ukiah' s formal response to the findings and recommendations of the Mendocino County Grand Jury Report 1999-2000, "Mendocino County Domestic Violence". Please note that some of the findings and recommendations of the Grand Jury are directed towards specific departments or agencies. In these cases our responses are reflected by "n/a", not applicable. General As ects of Domestic Violence Findings 1-6. Concur with findings. Recommendation: Concur with recommendation. . Concur with findings. Recommendation: Concur with recommendation. The Ukiah Police Department has two representatives who participate on the Domestic Violence Council. The Department also works closely with local groups to provide current information regarding domestic violence. . Concur with findings. n/a · · Recommendation. n/a 10. n/a 1 'We Are Here To Serve" ' MI~NDOCINO COUNTY DOMESTIC VIOLENCE Page 1 of 8 MENDOCINO COUNTY DOMESTIC VIOLENCE Domestic violence has long been a private matter, occurring behind closed doors in homes and treated confidentially by law enforcement and in emergency rooms. Family violence has now become a matter of deep public concern. Media coverage has brought this age old problem to the front page. A growing public awareness and understanding of the threats and effects of family violence has brought practices and policies for prosecuting and preventing family violence under public scrutiny. In the mid-1990's the California legislature added new, stricter sections to the Penal Code that underscore the criminal nature of domestic violence. In 1996 they also added a provision that requires all persons convicted of a crime of domestic violence complete a one-year batterers counseling program as a condition of probation. In Mendocino County, it was alleged that the criminal justice system was not sensitive to the gravity of crimes of domestic violence and the prosecution and sentencing of family violence criminals was not rigorous. Reason for Review The Grand Jury received citizen complaints. Method of Investigation The Grand Jury researched the California Penal and Family Codes; the written domestic violence publications, policies, procedures and training programs of each law enforcement agency in the County; domestic violence calls and arrest records for the years 1998 and 1999 from each law enforcement agency; District Attorney domestic violence prosecution summary; the District Attorney's Policy and Procedures Manual; California Attorney General publications including the Women's Rights Handbook, Mendocino County Criminal Justice Trend Data, the Califomi ~r_o_s_e~cution. Prog~,am a~. d the Report on Xrrests for Domestic Violence i,, r',,~;~--a--S.-P°-,usa, l'?.buser .... ,,._.t.ttl CI£1'IlU' ~,epartment recoras and procedures; Police Officer Standards a-a Tro;.:.~.. rn~, ~,.rrot~,an~on ..... ~xx~xx5 I, rx.t,31} Manuals Ior domestic violence, including the viewing of telecourses; The Duluth Domestic Abuse Intervention Project; general literature on battering; Sonoma State University resource guide for batterer programs; San Diego Regional Training course on Domestic Violence for First Responders; and minutes of meetings of the Mendocino County Domestic Violence Council and the county's Law Enforcement Administrators Association (LEAA). The Grand Jury also reviewed over sixty domestic violence arrest reports and court case files, as well as attending domestic violence courtroom proceedings in Uldah and Willits. The Grand Jury interviewed the complainants, both past and present members of the District Attorney's Office including Victim-Witness Assistance; past and present members of the Probation Department; officers and staff of Project Sanctuary; a counseling program facilitator; victims and perpetrators of domestic violence; peace officers from the Uldah Police Department and the Sheriff's Office; concerned citizens and a representative of the Mendocino County Courts. Relevant Law The principal Penal Code Sections concerning crimes of domestic violence are 273.5 (domestic violence battery with trauma) and 243( e)(1) (domestic violence battery). However, violations of other Penal Code Sections may be crimes of domestic violence; among these are Sections 422 (terrorist threats), 646.9 (stalking), 236 (false imprisonment), 262 (spousal rape), and 273.6 (a) and (d) (violation of restraining or protective orders). Penal Code Section 13700 covers law enforcement response to domestic violence, including mandatory reporting of incidents. The probation requirements for crimes of domestic violence and the details of consequent batterers counseling programs are stipulated in Section 1203.097 of the Penal Code. Section 6211 of the Family Code defines the victims of domestic violence. The requirements for domestic violence training of peace officers is found in Section 13519 of the Penal Code. http ://www. geoci ti es. com/Rai nForest/Can opy/1802/gj 2000/dom esti c vi ol en. htm 19/,,1/thth ME,NDOCINO COUNTY DOMESTIC VIOLENCE Page 2 of 8 General Aspects of Domestic Violence Findings 1. California law includes in crimes of domestic violence, in addition to spousal relationships, former spouses, cohabitants and former cohabitants including (as of 1994) gay or lesbian relationships, any person who is the parent of his or her child, any person with whom there is a dating or engagement relationship, a child, or any other person related by consanguinity. 2. According to the California Attorney General, in over 75% of domestic violence cases either the batterer or the victim, or both, have been using alcohol or drugs. Mendocino County arrest reports indicate that weapons are involved more than 50% of the time. 3. The California legislature passed in 1995 a "zero tolerance" statute on domestic violence that requires that all law enforcement agencies implement, by July 1, 1996, written policies that encourage the arrest of domestic violence offenders, if there is probable cause or if a protective order is violated. In the past both parties involved in a domestic violence dispute have, at times, been arrested. This statute discourages but does not prohibit dual arrests. 4. The number of arrests in California for domestic violence, reported to the Attorney General, has risen steadily from 113.6 per 100,000 total population in 1988 to 169.9 in 1998, an increase of 49.6 %. However, in Mendocino County, during the same time frame, the domestic violence arrest rate rose from 155.0 to 310.8, an increase of 100 %. This increase in reporting is in large part due to increased awareness and sensitivity to domestic, disputes by both law enforcement and the public of Mendocino County. 5. Less than 50% of 9-1-1 domestic violence calls resulted in an arrest in Mendocino County during 1998 and 1999. The arrest rate varied among the four law enforcement agencies in the county. 6. The Law Enforcement Administrators Association (LEAA) of Mendocino County brings together the heads of all county agencies involved in law enforcement, including the District Attorney, the Sheriff, the Chiefs of the three city police departments, the Captain of the local branch of the Califomia Highway Patrol, The Chief Probation Officer, the Major Crimes Task Force Commander and the Superintendent of the California State Parks. In 1996, the LEAA issued a domestic violence policy detailing arrest and evidence gathering procedures. In February 2000, the District Attorney distributed to all LEAA members a family violence checklist which stresses the importance of taped interviews. Recommendation As the chief law enforcement officer of the county, the District Attorney, in the context of the LEAA, should assume a proactive leadership role in developing county-wide domestic violence policies and procedures. Finding 7. A Mendocino County Domestic Violence Council was formed in January 1995 and includes representatives from all law enforcement agencies, the District Attorney, Victim/Witness Assistance, the Court, all relevant county departments, concemed citizens, Project Sanctuary, E. S. C. A. P. E. S. (Emergency Sanctuary for Coastal Acts Providing Escape Services), and other community service agencies. The Council's stated mission is to ensure that all those affected by domestic violence are treated fairly and with respect and to promote community awareness for the purpose of reducing the incidence of domestic violence in Mendocino County. Not all Council members are active participants. Recommendation All members of the criminal justice community should not only participate, but accept active roles in the Council on Domestic Violence. Advantage should be taken of the Media/ Community Education Committe.e,to inform the citizenry oft he roles and accomplishments of law enforcement. http ://www. geoci ti es. com/Rai nForesffCanopy/1802/gj 2000/dom esti c vi ol en. htm -- 12/4/00 , ME.NDOCINO COUNTY DOMESTIC VIOLENCE Page 3 of 8 Findings 8. Project Sanctuary provides an important and diverse set of services for victims of domestic violence in Mendocino County. Important among these services is the providing of shelter and assistance in obtaining temporary restraining orders (TRO's). Project Sanctuary receives approximately 1800 domestic violence calls each year. Some of these may be repeat calls involving the same victim. 9. The District Attorney and Project Sanctuary have begun a dialogue and domestic violence cross- training. Recommendation The cross training between Project Sanctuary and the District Attorney should be expanded to !n.clude all Deputy District Attorneys who may prosecute domestic violence cases. This trmnlng program should be formalized and include regularly scheduled training sessions. Findings 10. In October 1999, using Citizens Option for Public Safety (COPS) funding, the District Attorney hired a victim-witness domestic violence advocate and brought the part-time domestic violence victim advocate to almost full-time. These advocates now provide courtroom support and services to victims and their families. 11. The Sheriffs Department and other law enforcement agencies in the county possess excellent domestic violence training programs and materials. However, it is sometimes difficult, due to staffing shortages and overtime restrictions, to-have officers taken off duty to attend training sessions. Penal Code Section 13519 requires all officers who respond to calls of domestic violence to complete an updated course of instruction on domestic violence every two years. Recommendation Budgeting of overtime and staffing decisions should give fair and thorough consideration to the training of all peace officers in the county. Finding 12. Stay away orders issued by the Court are entered by the Sheriffs Department into the statewide CLETS (California Law Enforcement Telecommunications System) making this critical information available to all dispatchers. However, the paperwork must be carded to the Sheriffs Office delaying entry into CLETS. Once entered, the dispatcher can then radio data to police vehicles responding to domestic violence calls. The victim of domestic violence is still obliged to file temporary restraining orders (TRO's) with law enforcement; but once filed, they also are entered into the CLETS. Recommendation To minimize the delay in entering both restraining and stay-away orders into CLETS, procedural changes should be implemented to permit direct electronic entry by the courts or the bailiff. Finding 13. Increased cooperation between law enforcement and the District Attorney's Office is needed to obtain the best possible services to the victims of domestic violence and to ensure public safety. Testimony indicates that relations between the District Attorney and the Ukiah Police Department began improving in November 1999. Recommendation Open dialogue between the District Attorney and law enforcement must be established and http ://www. geoci ti es. com/Rai nForest/C anopy/1802/gj 2000/dom esti c vi ol en. htm -- 12/4/00 ME,NDOCINO COUNTY DOMESTIC VIOLENCE Page 4 of 8 become commonplace. Decisions to reject or dismiss a case should be discussed with the arresting law enforcement agency before they become final. Finding 14. Although this investigation was prompted by citizen complaints against the current District Attorney, the Grand Jury found complaints dating back more than five years, criticizing the previous District Attorney for an "apparent lack of interest (in) pursuing domestic dispute complaints." Prosecution and Sentencing Findings 15. Domestic violence prosecution is a complex issue that involves not only the District Attorney, but the Courts, the Probation Department, Law Enforcement and the victims themselves' who play vital roles in the determination of outcomes. The arresting agency, after completing their investigation, forwards the case file to the District Attorney for prosecution. 16. The review of domestic violence case files revealed some apparent inconsistencies, although there was no obvious pattern of dismissals nor in sentencing practices among the several courts in the County. 17. The differences in domestic violence prosecution and conviction rates between 1998 and 1999 was statistically insignificant. There was however a notable drop in domestic violence arrests, from an average of 25 per.month in 1998 to 20 per month in 1999. 18. Often, the victim will recant testimony made at the time of arrest, making prosecution difficult. However, the District Attorney's Victim-Witness Protection program is a positive force in aiding the victims of domestic violence and supporting the prosecution of batterers. 19. In 1984, the California Legislature enacted a new domestic violence law (Chapter 1609). This statute in part states: "It is the intent of the legislature that the official response to cases of domestic violence shall stress the enforcement of the laws to protect the victim and shall communicate the attitude that violent behavior in the home is criminal behavior and will not be tolerated. Arrests of domestic violence offenders are encouraged if there is probable cause that an offense has been committed." A review of Mendocino County domestic violence arrest records, dating back to 1988, demonstrate that the county's law enforcement agencies have clearly been responsive to this legislative directive. 20. Section 243 (e) (4) of the Penal Code (domestic violence battery) states: "The Legislature finds and declares that these specified crimes merit special consideration when imposing sentence so as to display society's condemnation for these crimes of violence upon victims with whom a close relationship has been formed." In the Grand Jury's review of domestic violence case files, no indication of such special consideration was found. 21. According to the District Attorney, these Penal Code Sections, that reflect the desire by the California legislature to place special emphasis on crimes of domestic violence, apply to the Court and to law enforcement and not to the district attorneys of the state. The District Attorney maintains that he treats all crimes equally and to do otherwise would expose him to censure and possible charges of misconduct. 22. The goals of domestic violence prosecution, as stated in the District Attorney's Policy and Procedures Manual, are: (1) protection and safety for the victim and family members (2) punishment of the offender (3) referral of the victim and vulnerable family members to ... support agencies (4) rehabilitation of the offender 23. In addition to these goals, the City of Duluth, Minnesota, the model for the batterers counseling program used in Mendocino County, has the prosecution goal "to create a general deterrence to domestic violence in the community." The Mendocino County District Attorney. maintains that cases must be prosecuted on the basis of evidence and not on possible community reaction. http ://www. geoci ti es. com/Rai nForest/C anopy/1802/gj 2000/d om esti c vi ol en. htm -- 12/4/00 ME.NDOCINO COUNTY DOMESTIC VIOLENCE Page 5 of 8 Recommendation In the opinion of the Grand Jury, decisions in cases of domestic violence do, in fact, send messages. The public's perception of prosecutorial behavior may well have a direct impact on the incidence of family violence in the county. It is clear that the Califomia legislature and the citizens of Mendocino County consider crimes of domestic violence as both serious and special crimes. In this regard, the Grand Jury believes the District Attorney should follow the spirit of the law by vigorously prosecuting domestic violence offenders. Finding 24. The current District Attorney has instituted the use of "Cite Hearings" in selected domestic violence cases (a total of 15 through October 1999). The accused and the victim are both brought together before the District Attorney. The hearing includes a strong warning to the offender that a repeat offense within a year of the hearing will result in the reopening of the current case. The presumption by the District Attorney is that the heating is a forceful deterrent. It is used primarily when the chance of a conviction resulting from prosecution, in the view of the District Attorney, is not certain. Recommendation Cite Hearings, when used, should be structured to keep the victim and the batterer separate, as indicated by expert testimony. Victims should be accompanied by an advocate at these hearings. The District Attorney should continue to track individuals offered Cite Hearings for recidivism. Findings 25. In 1998 and 1999, the most common reason cited by the District Attorney when not prosecuting a domestic violence case was "Insufficient Evidence." 26. When the District Attorney makes a determination that there is insufficient evidence to prosecute a case, the file is returned to the arresting law enforcement agency. The procedure followed by law enforcement when a file is returned to them for insufficient evidence, varies considerably among the four County agencies. For the most part, local law enforcement agencies do not routinely re-open investigations on cases returned for insufficient evidence, unless specific instructions from the District Attorney accompany the returned file. 27. The District Attorney does not follow-up cases that have been returned to law enforcement. The District Attorney depends on the arresting agency for gathering additional evidence to permit prosecution. Investigators in the District Attorney's staff are not used for this purpose. Recommendations 1. In conjunction with law enforcement, the District Attorney should implement a follow-up system that tracks cases rejected for insufficient evidence. When law enforcement is unable to obtain the evidence needed for prosecution the Sheriff or the police department should notify the District Attorney and indicate the reasons involved. 2. When cases are rejected for interest ofjustice, mutual combat, cite heating and similar causes, the District Attorney should be open to feedback from law enforcement concerning valid arguments for reconsideration. Law enforcement agencies should be encouraged to offer background information not evident in the case file to the District Attorney. Finding 28. The District Attorney's open door policy has allowed batterers and victims of domestic violence opportunity to make direct presentations of their situation. The Grand Jury has found that, in at least two instances, such conversations have resulted in decisions, which were then forwarded to the prosecuting Deputy District Attorney as directives. The knowledge of the case and the views of the Deputy District Attorney were neither solicited nor heard by the District Attorney. http://www.geocities.com/RainForest/Canopy/1802/gj2000/domestic violen.htm -- 12/4/00 ME,NDOCINO COUNTY DOMESTIC VIOLENCE Page 6 of 8 Recommendation The District Attorney should consult with probation officers, the prosecuting attorneys, investigating detectives, and Victim/Witness advocates when making or reversing prosecution decisions. Findings 29. The Court has the final say for all sentencing, though it may often rely on the recommendation of the Probation Department. Prior to preparing its recommendation, the Probation Department fully researches the case, including listing priors, making background checks, interviewing victims, and investigating all relevant information. 30. Most interviewees involved in domestic violence issues, representing a number of different agencies, expressed strong concerns regarding the inconsistent prosecution and sentencing of accused domestic batterers. 31. The Grand Jury heard testimony that, at times, plea agreements are entered into. Additionally, a review of case files and court records demonstrate that when a domestic violence crime is committed by a probationer, the case is often prosecuted as a violation of probation (VOP). In the prosecution of a VOP, the burden of proof is much less demanding and the probability of conviction is generally high. Recommendation All cases of domestic violence, when the evidence is adequate, must be prosecuted. Plea agreements to lesser charges and using violation of probation should be avoided unless the reasoning is compelling. Findings 32. The Mendocino County Court began a vertical calendar process in February 1999. The process provides for cases to be assigned alphabetically to a court and remain with that court from arraignment through disposition. In addition, if violation of probation occurs, the defendant returns to the original court. However, this arrangement made it impossible to assign a Deputy District Attorney, who specialized in the field, to all domestic violence cases. In 1998 and earlier years, cases were routinely assigned to Deputy District Attorneys who had specific areas of specialization (for example, domestic violence, fraud, and sexual assault). Batterers Counseling Program Findings 33. According to Penal Code Section 1203.097 (a) (6), if a person is granted probation for a crime of domestic violence, mandatory attendance in a weekly, two hour, batterers counseling program for a minimum of one year is required. Imposition of this requirement is the responsibility of the Court. The District Attorney has neither power nor discretion in this matter. 34. There are 19 approved batterers counseling programs in Mendocino County. Each program is led by a professional facilitator licensed by the State of California. The programs and their facilitators are approved by the Probation Department based upon established criteria. Recommendation Batterers program facilitators and curricula should be closely monitored by the Probation Department and re-certified each year. Findings 35. Since 1997, the number of referrals to batterer counseling has been averaging 5.6 per month. However, for four months, from April through July of' 1999, there was only one referral to the batterer counseling programs. The referral rate returned to normal in August. There were £ourteen convictions http://www.geociti es.com/RainForest/Canopy/1802/gj 2000/domestic vi ol en. htm -- 12/4/00 .ME~OC~O COUNTY DOMESTIC VIOLENCE Page 7 of 8 for domestic violence in the second quarter. Of these, seven were denied probation and received jail time. One case was transferred to Marin County and two probationers failed to report to the Probation Department for their initial visit, leaving three probationers unaccounted for. The District Attorney was unable to provide domestic violence records for the first quarter of 1999. This data might have been helpful in trying to resolve the small discrepancy in the number of referrals. 36. The effectiveness of the counseling programs is much debated in the literature reviewed. Polar opposite views were expressed by those interviewed by the Grand Jury. There are no reliable statistics that attest to the effectiveness of these classes. Violations of probation are more than 80% for domestic violence probationers and violations average two times per probationer, often as many as five times or more. Recommendation The Probation Department should initiate a system of tracking domestic violence offenders for recidivism including those who elect or are sentenced to jail time in lieu of probation. Findings 37. The most common cause cited for probation violations by domestic violence probationers was drug use. Other frequently cited causes were missing appointments with the probation officer and the counseling program. New offenses, including repeat domestic violence, were the least of probation violations. 38. Since attendance in a batterers program is a mandatory provision of probation, the probationers are rarely asked to enroll in substance abuse programs, even though drag use is by far the most common cause for violation of probation. A majority of domestic violence incidents involve the use of drugs or alcohol or both. Recommendation When it is clear to the probation court officer that a convicted batterer has an addiction or problem with drugs or alcohol, the suggested terms of probation recommended to the court should include a dependence rehabilitation program as well as the mandatory batterers counseling classes. Findings 39. Review of case files revealed instances when domestic violence charges were reduced to "aggravated assault" and "disturbing the peace" misdemeanors as part of plea bargaining. These lesser charges do not require batterer counseling classes when on probation. 40. The District Attorney disagreed that there is a deep public concern about the handling of domestic violence cases. In his view, the public uproar is the work of a few disgruntled counselors, who are unhappy that their batterers counseling programs have suffered declining enrollment. Recommendation The District Attorney plays a pivotal role in the criminal justice system's response to family violence. The District Attorney must, through his actions, make it known to the community that domestic violence will not be tolerated in Mendocino County. Response Required Mendocino County District Attorney Mendocino County Sheriff/Coroner Mendocino County Board of Supervisors Fort Bragg City Council Ukiah City Council http ://www. geoci ti es. com/Rai nForest/Canopy/1802/gj 2000/dom esti c vi ol eh. htm -- 12/4/00 . . M~..~OC~O COUNTY DOMESTIC VIOLENCE Willits City Council Response Requested Mendocino County Chief Probation Officer Fort Bragg Police Department Ukiah Police Department Willits Police Department Mendocino County Domestic Violence Council Project Sanctuary Page 8 of 8 http ://www.geoci ti es. com/Rai nForestYCanopy/1802/gj 2000/domesti c viol en. htm -- 12/4/00 ITEM NO. 5g DATE: December 20. 2000 AGENDA SUMMARY REPORT SUBJECT: NOTIFICATION TO THE CITY COUNCIL REGARDING THE PURCHASE OF MUFFIN MONSTER REPAIR PARTS FROM JWC ENVIRONMENTAL FOR THE SUM OF $6,648.94 PLUS FREIGHT. As routine scheduled maintenance at the wastewater treatment plant, it is necessary to change the cutters on the Muffin Monster. The Muffin Monster is the brand name for the comminuter that grinds all of the sewage as it enters the plant. JWC Environmental, the sole source supplier, has quoted $6,648.94 plus shipping to furnish these parts. A purchase order has been issued to JWC Environmental for this amount. Based on our purchasing policies, we are giving the City Council the required notification of this action. This repair will be funded by Account Number 612.3580.302.000. RECOMMENDED ACTION: Receive and file report regarding the order of repair parts for the Muffin Monster from JWC Environmental for the sum of $6,648.94. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by- Darryl L. Barnes, Director of ublic Utilities. Prepared by: George Borecky, Water/Sewer Operations Superintendent Coordinated with: Candace Horsley, City Manager Attachments: None Candace Horsley, Cit~ Manager ITEM NO. 5h DATE: December 20, 2000 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF RENEWAL OF AGREEMENT WITH COUNTY OF MENDOCINO FOR COUNTY EMPLOYEE PARKING WITHIN PARKING DISTRICT #1 In March 1998, the City Council entered into a two-year agreement with the County of Mendodno to provide permitted parking for downtown employees. That agreement has expired and staff is returning the agreement to the Council with a recommendation to renew for a second two-year term retroactive to July 1, 2000. The original agreement required the City to provide for up to 130 parking spaces in or around Parking Lot 'C", adjacent to the library, for which the County pays to the City 57.50 per space. This lot was selected as it had been highly under utilized by downtown visitors and has successfully met the needs of the program. All terms and conditions in the proposed agreement are consistent with the original. The goal of the program is to increase the number of spaces avaitabte for downtown shoppers by reducing the number of emptoyees parking on the street through better management as opposed to the costty atternative of increasing resources. The agreement has been successful in meeting that goat without increasing operational costs to the City. The program has significantly contributed to reducing the historic conflict between downtown employees, merchants, and shoppers. Staff is recommending renewal and requesting authorization of the City Manager to execute the agreement. RECOMMENDED ACTION' Approve renewal of agreement with the County of Mendocino for downtown employee parking and authorize City Manager to execute agreement. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine agreement requires revision and remand to staff with direction. 2. Determine approval of agreement is inappropriate at this time and do not move to approve. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachment: N/A County of Mendocino Larry W. DeKnoblough, Community Services Director Candace Horsley, City Manager Patsy Archibald, Customer Service Supervisor Proposed Agreement APPROVED: LD/ZIP1 EMPARK2.ASR Candace Horsley, City~anager AGREEMENT BETWEEN THE CITY OF UKIAH AND COUNTY OF MENDOCINO FOR EMPLOYEE PARKING WITHIN UKIAH PARKING DISTRICT/4 1 THIS AGREEMENT is made and entered into effective July 1, 2000, by ~nd between the CITY OF UKIAH, a municipal corporation, hereinafter referred to as "City"; a~d the County of Mendocino, hereinafter referred to as "County" RECITALS: City operates Municipal P&rking District/41 for the purpose of providing off-street public p&rking within its downtown commercial district. B. County hms requested of City the monthly permitted use of a maximum of one hundred thirty (130) p&rking spaces within the P&rking District in order to provide p&rking for County Employees working within the City of Ukiala's downtown ~rea~ C. City desires to provide said spaces pursuant to the terms of this agreement. AGREEMENt. NOW, THEREFORE, IN CONSIDERATION of the terms, covenants, and conditions herein expressed, to be kept and performed by the p&rties hereto, IT IS MUTUALLY AGREED BY THE PAgrI~S AS FOLLOWS: Permitted P&rking. City does hereby agree, and County does hereby hire from City the p~rking spaces necess&ry to provide p&rking for a maximum of (130) one hundred thirty of Mendocino County employees working within the &reas of P&rking District//1 designated on the diagraxn attached hereto as Exhibit "A', incorporated herein by this reference. Individual employees may elect to p~rk in additional locations within P&rking District //1 subject to availability and prevailing rates provided the employee agrees to and does pay City the difference between the prevailing monthly rate and the $7.50 paid by the County. Term. The term of this agreement shall be two (2) ye&rs commencing on the date above and ending September 30, 2002. This agreement may be extended for additional terms if mutually agreed to by both p&rties. . A~ The County shall pay for the spaces provided to its employees under the teTqns of this Agreement at the rate of $ 7.50 peT' month for each employee the County requests the City to issue permits. The County shall pay City fees as follows: In the months of December, M&rch, June & September the City shall bill the County, in advance, for qu&rters Janu&ry, April, July, October for the actual number of permits held by County employees. Terminatior~ This agreement may be terminated upon one hundred eighty (180) days written notice by either p&rty for any reason~ Use. County or its permitted assignees, shall comply with all applicable local codes and ordinances in connection with the use of the permitted p&rking spaces during the term of this agreement~ County and City shall take all necess&ry steps to assure that County's employees utilize the designated p&rking provided by this agreement, Waiver. No waiver by any p&rty hereto of any breach of any term or condition of this agreement is to be constm~ed as a waiver of any subsequent breach or as a modification of any term of this agreement. 7. Remedy for Breach. In the event that County should fail, refuse, or neglect to pay when due any installment of fees, or fail or refuse to keep, perform, or observe aiay covenant, agreement, or condition of this agreement, City shall have the right to terminate this agreement immediately. Notices. Whenever notice is permitted or required under this agreement, it shall be deemed given when personally served or when deposited in the United States mail with proper first class postage affixed thereto &nd addressed as follows: City of Ukiah Attn: City Manager 300 Seminary Avenue Ukiah, CA 9548~ County of Mendocino Attn: County Administrator 501 Low Gap Road Ukiah, CA 9548~ Legal Proceedings. Any legal action between the pat'ties concerning this agreement shall be filed in the State Court in Mendocino County with subject matter jurisdiction, each p~rty waiving &ny objections they may have to venue in Mendocino County 10. Binding Effect. This agreement benefits &nd is binding upon both paa'ties, their successors, legal representatives, and assigns of. 11. Counterparts. This agreement may be executed in &ny number of counte~pa~ which taken together shall constit~te the salne agreemenk IN WITNESS THEREOF, the paa'ties hereto have executed this agreement at the date &nd place indicated below. CITY OF UKIAH COUNTY OF MENDOCINO BY: BY: City M&nager Chairmaa% Board of Supervisors ATYEST. Kristi Furman, Clerk of the Board APPROVE AS TO FORM: H. Peter Klein, County Counsel BY: BY: LD2 MENDOEMP. AGR ITEM NO. 5i DATE: December 20, 2000 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF AGREEMENT WITH EMMETT JONES FOR CPA SERVICES The City has received a communication from Solid Waste Systems, Inc., (SWS) regarding solid waste expense and revenue that will require evaluation and analysis of many pages of accounting materials. The last time Staff worked on this type of project it took six months to wade through the extensive tables and analyze the financial information. At this time, both the Public Works Director and Assistant City Manager who previously worked on this issue are no longer on staff and the new personnel would have to spend an inordinate amount of time to acquaint themselves to the past history and learn how to read the CPA's financial reports. Since we do not have the expertise to analyze the data submitted, Staff is requesting Council to approve an agreement with Emmett Jones, CPA, who has extensive background in solid waste accounting. Mr. Jones would analyze the documents submitted by SWS in order to provide Staff with the necessary professional results and advice from a CPA's level of expertise. This will greatly reduce the number of hours and increase our level of ability to accurately discuss the information with SWS and the Council sub-committee. There are situations during the fiscal year when there is an acute need for the services of a CPA. The attached agreement allows for assistance with the SWS calculations up to $5000 and for additional service of up to $2000 for assistance with analysis of data, which due to timelines or the extent of documentation is too extensive for Staff to adequately handle. This agreement has been reviewed and approved by the City Attomey. Sufficient funds for the SWS analysis are available in the City Manager and Finance Consultant accounts. RECOMMENDED ACTION: Approve agreement with Emmet Jones, CPA. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Revise agreement 2. Take no action Citizen Advised: Emmett Jones, CPA Reviewed by: David Rapport, City Attorney Prepared by: Candace Horsley, City Manager Attachments: 1. ./~g~eement with Emmett Jones, CPA l~. EM1KETT JoN~.s CERTIFIED PUBLIC ACCOUNTANT December 13, 2000 842 VALLEY VIEW DRIVE UKIAH, CALIFORNIA 95482 TELE[~HONE (707) 462-1180 FACSIMILE (707} 462-lI70 Ms Candace Horsley City Manager City Of Ukiah 300 Seminary Avenue Ukiah, California 95482_ Dear Candace, This letter will confirm our understanding of the arrangements for the Management Advisory Services (MAS) I will provide to the City of Ukiah (the City). I will provide you with my recommendations relating to my reading and analysis of solid waste disposal collection rates and related supporting calculations. You will make such rates, calculations, and related information available to me. The recommendations that I make to you will be advisory. Final recommendations to the City Council will be the responsibility of the City Management staff. My advice will be informal and will be reported to you verbally. No written summary will be prepared unless you specifically request one in writing. In areas connected to law I can not offer advice, and you shoUld of course consult an attorney skilled in the area under question. You recognize that my recommendations must be supported by the opinion of trained legal professionals to be viable, and that you will seek such opinions to the extent you feel necessary. This Engagement will not include the preparation of financial statements. Further, this engagement does not include any compilation, review nor audit services. Accordingly, I will not issue any compilation or review report, nor issue any audit opinion. I am licensed by the California Board of Accountancy. During the project it may be necessary for me to contact or correspond with various people and agencies which may include but are not be limited to staff, legal counsel, banks, creditors as well as vadous government agencies, and others. You authorize these contacts in the scope of these advisory services. However, Professionals I contact or consult are not authorized to charge the City for their services without the prior Written consent of the City. All regular communication with the City during these MAS will be made with you as the representative of the City, or your designee, you will provide me with information in the areas under discussion, and will give me direction as to the City's priorities, so that I may efficiently provide these Management Advisory Services. Ms Candace Horsley December 13, 2000 Page Two The City will be responsible for assigning the costs of my services to any specific Fund, Program, Grant, or Department of the City. Fees for my services will be based upon my normal hourly rate of one hundred and twenty-five ($125) dollars per hour, plus pre-approved direct out of pocket expense. The City will not be obligated to pay more than five thousand dollars ($5,000) maximum fees for this engagement without the prior written authorization of the City. ' Amounts will be billed on a monthly basis as the work progresses, and are due thirty (30) days after presentation. You have indicated to me that the City from time-to-time may wish to engage me for similar services on other projects. We agree that in that event, the terms and conditions of this letter will apply, except that The City will not be obligated to pay more than two thousand ($2,000) maximum fees on each of those project engagements, without prior written authorization of the City. As you know I have provided services to the City in the past. I look forward to providing such services to the City in the future. If. this letter correctly expresses your understanding in regard to the above mentioned mas, and any future engagements for similar services, please indicate your acceptance by signing, dating and returning the original to me. A copy is enclosed for your file. if you have any questions, now or in the future, 'please call me. Yours very truly, ACCEPTED: City of Ukiah By: Date: Candace Horsley, City Manager l~. ~,~..T~J~ JOi~T]~S · CERTIFIED PUBLIC ACCOUNTANT ITEM NO.: 7a DATE: December 20, 2000 SUBJECT: AGENDA SUMMARY REPORT UPDATE ON THE UKIAH C.A.R.E.S. PROGRAM The Ukiah C.A.R.E.S. program paid 29% (on average) of the monthly electric bill for eligible Senior Citizens between January and November 2000. Other assistance programs (ie. Pacific Bell and P.G. & E.) typically provide no more than 15% discounts. The Ukiah C.A.R.E.S. program (City Assistance for Relief through Energy Support) is a City sponsored program that has provided financial assistance to customers' electric bills since the inception of the program in October 1998. In these two years, assistance through the Public Benefits Fund has provided relief to Iow and moderate-income households on the electric portion of their City utility bills. The Billing & Collection Staff refer a potential customer to the Salvation Army who determines eligibility based on 150% of the Federal Poverty Guidelines. Initially, two separate types of assistance were developed: 1) Temporary Emergency Assistance of up to $300 toward an eligible customer's electric bill once annually; and 2) eligible Senior Citizens received the first 50 kilowatts of electricity free every month. In January 2000, after one full year of implementation of the program, the Council increased the monthly benefit to Senior Citizens to the first 100 kilowatts of electricity free. At that time, the Council also created the Non-Senior monthly assistance program. Eligible Non-Senior households could receive the first 50 kilowatts of electricity free. The following data demonstrate how many eligible households have benefited from Ukiah C.A.R.E.S.: Oct '98-June '99 July '99-Dec '99 Jan '00-Nov '00 Senior Discount 105 151 179 Emer.qency Assistance 127 81 243 Non-Sr. Monthly Discount none none 86 Total Number of Households that have benefited from participation in the program = 754. (* this number includes accounts that are now closed and no longer receiving the benefit) Total in Proqram 217' 451 86 An analysis of the data for Senior Citizens receiving an increased benefit after January 2000, indicates that of the 179 current households in the program, 129 or 72% are receiving a credit of 25% or more of their electric charges. The average Senior's electric bill is $42.09, with an average total overall bill (including other services) of $70.72. With a monthly discount of $12.04 an eligible Senior Citizen in Ukiah is receiving an average of 29% off her/his electric charges and an average of 17% off the entire monthly bill. This is a significant benefit in comparison to other Iow-income programs that offer a straight 15% monthly credit to eligible households. (Cont'd page 2) RECOMMENDED ACTION' Receive and file report ALTERNATIVE POLICY OPTION: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: APPROVED' N/A City Council Patsy Archibald, Customer Service Supervisor~2~. Candace Horsley, City Manager and Gordon Elton, Finance Director 1' City Rate Comparison with surrounding communities. 2: ~,~~me Eligibility Guidelines Candace Horsley, City~/lanager 1 The Temporary Emergency Assistance Program continues to provide a benefit to an eligible household of up to $300 toward its electric charges. In the calendar year of 1999, funds were provided to a total of 175 households for a total expenditure to the Public Benefits Fund of $32,944.06; an average monthly assistance of $2,745.34. The average benefit per household was $188.25. In 2000, after increased marketing efforts took place, the total amount of emergency relief provided for eleven months is $48,046.95; a monthly average of $4,367.90. The average benefit to the 243 households who participated increased to $197.72. This is a 39% increase in the number of households securing assistance after additional marketing efforts were implemented. The newly added Non-Senior Monthly Discount rate currently has 86 participants having $6.02 paid on their monthly electric bills. The benefit for the 86 participants to date is $6,212.64. Additional information about this program will be included in staff's oral presentation at the meeting. Marketing of the program was considered a priority to increase participation. An outreach program was established to publicize Ukiah C.A.R.E.S. to other agencies in the community that may also serve potential eligible households. Providing information in Spanish 'and increased advertising of the program was developed through the utility statements and notices already being presented to our customers. For the Council's information, attachment 1 to this report presents a comparison of the overall City of Ukiah utility bill to those of the City's surrounding neighbors with combined services. Attachment 2 identifies the income eligibility guidelines for the C.A.R.E.S. Programs. Staff believes the data illustrate that recent marketing efforts are successful and that community participation continues to grow. Another status report of Ukiah C.A.R.E.S. will be presented next June in conjunction with the 2001/02 budget hearings. Staff recommends the City Council receive and file the report. PA:arcares.mw,00 2 I-- Z ill t- w n- O ~'<' .~." ' ~. C~ Ass~tance f~~through Ener~ Support sponsored by C~ of Ukiah. Admin~tered by the Salva~on Army. THE SALVATION ARMY GOLDEN STATE/DEL ORO/SOUTHERN CALIFORNIA DIVISIONS INCOME GUIDELINES JULY 1, 2000 THROUGH JUNE 30, 2001 NUMBER OF PEOPLE LIVING IN HOUSEHOLD 100 % of Annual Federal Poverty Income Guidelines MONTHLY NET CASH INCOME OF HOUSEHOLD ANNUAL NET CASH INCOME OF HOUSEHOLD 1-2 Persons $11,250 $1,406 $16,875 3 Persons $14,150 $1,769 $21,225 4 Persons $17,050 $2,131 $25,575 5 Persons $19,950 $2,493 $29,925 6 Persons $22,850 $2,856 $34,275 7 Persons $25,750 $3,142 $37,700 8 Persons $28,650 $3,581 $42,975 9 Persons $31,550 $3,943 $47,325 10 Persons $34,450 $4,306 $51,675 Over 10 people add $4,350 annually or $362.00 monthly for each additional person per household. C.A.R.E.S. amounts represent 150% of Federal Poverty Income Guidelines. The Salvation Army * 714 S. State St., Ukiah, CA 95482 * (707) 468-9577 ATTACHMENT #2 AGENDA SUMMARY ITEM NO. DATE: December 20, 2000 REPORT SUBJECT: CONSIDERATION OF PROPOSAL BY NEW TREND BUILDERS FOR REPLACEMENT OF ALEX R. THOMAS JR., PLAZA FOUNTAIN AND APPROVAL OF BUDGET AMENDMENT IN THE AMOUNT OF $16, 935 In early 1999, Mr. Dan Mason of New Trend Builders contacted staff regarding his desire to construct a replacement fountain at Thomas Plaza. New Trend Builders has constructed several commercial fountains throughout the community including those in front of the Discovery Inn and Shokawa Casino. During a visit to the Plaza, Mr. Mason had noticed the damage and deterioration of the fountain and wished to donate a portion of his services in order to provide an affordable but appropriately designed fountain for the Plaza. At the time it was determined to repair the existing fountain in an attempt to preserve it. When Mr. Mason became aware that the fountain had subsequently been removed he renewed his offer. (Continued on Pa.~e 2) RECO/V~ENDED ACTIONS: 1. Approve design proposal by New Trends Builders for a new fountain in Alex R. Thomas Jr., Plaza; 2. Approve proposal by New Trends Builders for construction of a new fountain at Alex R. Thomas Jr., Plaza; 3. Approve budget amendment in the amount of $16,935 to increase expenditures in the 100.6001.800.000 account. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine Plaza Fountain design is appropriate and direct staff to proceed with requests for bids for construction. 2. Determine approval of Plaza fountain design is inappropriate and remand to staff with direction. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A City Council Larry W. DeKnoblough, Community Services Director Candace Horsley, City Manager 1. New Trends Builders Proposal 2. Sample Design Photos 3. Budget Amendment~rksheet APPROVED: _ \ I Candace Horsley, City M~nager LD/ZIP1 FOUNTAIN.ASR Attached to this report is his proposal, including project costs and design schematics. The proposal would place the fountain in its original location and utilize the existing concrete slab with an outside diameter of 18 feet. The interior of the circle includes a three-foot wide trough approximately 10 inches deep surrounding an inner circle containing a rock waterfall. The waterfall will be four sided, with one fail facing each pathway in the park so that as visitors approach the fountain from any direction, they will view a waterfall and the sounds of the fountain can be carded to all corners of the park. The outside walt wilt be 16 inches high and capped with rock to prevent damage from skateboards and bicycles. The relatively iow height of the outer wall will also allow some interaction between the public and the water circulating in the trough. In addition to discussions with New Trends Builders, which is the only local contractor spedalizing in commercial fountain design and construction, staff has contacted several cities that have recently constructed public fountains with interactive elements and vandal resistant design. Staff also acquired information from fountain designers on various design options ranging from a basic aerated pool to computerized, fully interactive models. Sample photographs and descriptions are provided in Attachment #2. The cost of these fountains ranged from $20,000 to over $100,000 with a reasonable median of $50,000. In addition to the expense of these fountains, maintenance time and costs may be excessive due to their complex computerized timers. The fountain provided an important contribution to the community's enjoyment of the Plaza and was an essential element of the Park's design. However, replacement cost, as weLL as on-going maintenance requirements, is a concern. Staff believes the design proposal by New Trends Builders includes the interactive element and vandal resistant design which the Council directed staff to include in the new design. The proposal also provides an excellent opportunity to form a partnership with a Local contractor, wishing to donate a portion of the project costs, to complete a valuab[e public park improvement. ShouLd the Council approve the design proposal by New Trends BuiLders, staff recommends consideration of the construction proposal as well. In the event the Council moves to proceed with construction by Mr. Mason, a budget amendment is required in the amount of $16,935, as no funds have been budgeted for this project. ILl 0 Z 0 0 E E C)'I ~'~ 0 ..C) ~~ ~ ~ ~ 2 ._ E ~ ~ '-- E E~g~g ~o~_~3g~oo~ ~~0~ '-- o~ :o x= ~ ~: 8888 qo ~~o O0 ~0~0 ~ O0 ~ooo ~io ~ oo 0000 xiO x ~ 000 ~~o°°d~ ~ ~ ~oo~°°° X X · ~00 . 0 do~~d~ ~~o ~: : : : : : :~: : : : o o ~ ~ ~ 0 NEW Attachment #1 DERS QUOTATION 12/6/00 City of Ukiah 300 Seminary Ave. Ukiah, Ca 95482 Re: Alex Thomas Plaza waterfalls Thank you for the opportunity to bid this waterfall for you. The price includes the following: 1. 180 GPM Purex Triton waterfall pump. 2. 2 main drains 3. 2 skimmers 4. 1 auto fill system 5. 1 auto chlorinator 6. 18' diameter pond with stone cap 7. Approx. 8 ton of rock For the sum of $16,935.00 Please note: Price good for 60 days. THANK YOU 3850 ROAD "B" R ETDVVOOO VALLEY CALIFORNIA 95470 707.485.5785 800.475.5785 LIC N~. 310136 MEMBER N.~PI Attachment #2 A dense cluster of cascade nozzles at varying heights creates a magnificent · fountain feature at the center of a corporate campus. · An intimate fountain pool with fan nozzles arching toward a granite sphere provides a quiet setting in a hotel courtyard. · Individual foam aerator nozzles at the center of this pool provide a cool oasis among the palm trees at a southwestern resort. · A waterfall flows over an exposed aggregate surface, slightly pitched to slow the water, entrain air and minimize splash. Children stare in wonder as an interactive fountain rises and falls to · computer generated sequences. · Sunlight struggles to shine through a dense mass of highly aerated water in a multilevel pool installed at a state capitol complex. · Clear streams of water rise from below granite pavers in five sequenced groups in this plaza installation in the Caribbean. · Low mounding bubbler nozzles rise from various levels of a stepped cascade pool set among imported evergreens, enhancing the cooling effect of this urban setting. Attachment #2 A dense cluster of cascade nozzles at varying heights creates a magnificent · fountain feature at the center of a corporate campus. · An intimate fountain pool with fan nozzles arching toward a granite sphere provides a quiet setting in a hotel courtyard. · Individual foam aerator nozzles at the center of this pool provide a cool oasis among the palm trees at a southwestern resort. · A waterfall flows over an exposed aggregate surface, slightly pitched to slow the water, entrain air and minimize splash. Children stare in wonder as an interactive fountain rises and falls to ~, computer generated sequences. · Sunlight struggles to shine through a dense mass of highly aerated water in a multilevel pool installed at a state capitol complex. · Clear streams of water rise from below granite pavers in five sequenced groups in this plaza installation in the Caribbean. · Low mounding bubbler nozzles rise from various levels of a stepped cascade pool set among imported evergreens, enhancing the cooling effect of this urban setting. ITEM NO. 8a DATE: December 20, 2000 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF ARCHITECTURAL SERVICES PROPOSAL WITH RICHARD RUFF FOR THE CIVIC CENTER ADDITION At the October 18, 2000 meetins, the City Council reviewed preliminary desisn plans for the addition of the Civic Center Administration Wins. Council's direction at that time was to proceed with the preparation of development plans and construction cost estimates. In order to accomplish this task, additional architectural services will be required. The odsinal architectural services contract for the conceptual work was awarded to Richard Ruff Inc., after a competitive proposal and interview process had been completed. Mr. Ruff then proceeded with the development of conceptual plans, which were presented to the Council. The services included in the attached proposal are in five phases, besinnin8 with the desisn of construction detail plans throush completion of the project's construction for a total cost of 539,100. Additional expenses in the amount of 524,500 for sub-contractors such as ensineedns, mechanical, and electrical desisn are estimated on pase 2 of the proposal as reimbursable expenses. The total value of the proposal is 563,600 or approximately 8.5% of the total project cost, which is below the industry standard of 9% to 12% for architectural and related services. Staff is recommendin8 approval of the architectural services proposal with Richard Ruff for the desisn and construction of the Civic Center addition. Funds for these services are budseted in account 698.1915.800.000 RECOMMENDED ACTION: Approve architectural services contract with Richard Ruff for the Civic Center addition and authorize City Manaser to execute contract. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine architectural services require further consideration and remand to staff with direction. 2. Determine approval of architectural services contract is inappropriate at this time and do not move to approve. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachment: N/A City Council Larry W. DeKnobloush, Community Services Director Candace Horsley, City Manaser Proposal APPROVED: LD/ZIP1 RUFF.ASR Candace Horsley, City~anaser RICHARD P. RUFF ~~..~ . ARCHITECT ~ + BUILD R DATE: CLIENT: PROJECT: SERVICE ESTIMATE December 12, 2000 City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Attention: Larry DeKnoblough City Hall Building Addition PHASE I PHASE II PHASE III PHASE IV · Program and Preliminary Design of owner's needs, image, aesthetic vision, spatial requirements, etc. · Site and climate analysis · Use permit and architectural review application Total Phase I - Completed (no charge) Design development - ]prepare drawings to fix and describe the size and character of the entire project Structural systems and prelimmatT engineering Mechanical and electrical systems Total Phase II Construction documents - working drawings and specifications setting forth detailed construction requirements for the entire project Total Phase III Bidding and Negotiation Total Phase IV $0. $12,075. $21,275. $2,875. PHASE V · Construction phase - administration of the construction contract · Site visits Total Phase V $2,875. TOTAL SERVICES $39,100. P.O. Box 708 · Hol:)lc]r~d, · CA 05440 P707.744.1474-F707.744. I485.CAlic Ci1736 RUFF CONSTRUCTION INC. · CA Lic. B597217 REIMBURSABLE EXPENSES Blueprinting and copies Consultants Estimates · Soft Engineering · Civil Engineering · Structural Engineering · Specifications · Mechanical Engineering · Electrical Engineering · Landscape and Irrigation · Title 24 Total Estimated Reimbursable Expenses EXTRA SERVICES RATE SCHEDULE · Principal · Semor Drafter · Technician/Drafter $3,0OO. $4,000. $6,000. $2,000. $3,000. $3,000. $2,000. $1,5oo. $24,500. $75.00 / hr. $50.00 / hr. $35.00/hr. City of Ukiah - City Hall Building Addition Page 2 AGREEMENT FOR ARCHITECTURAL SERVICES The Architect, Richard P. Ruff, will provide the Scope of Services stated for all phases in the attached Service Estimate above, and at the Compensation rate estimated at $63,600. The City of Ukiah agrees to compensate the Architect for services, and to the following Terms of Service. TERMS OF SERVICE An Initial Payment of $3,600. for Phase II of the Estimated Scope of Services will be advanced by the Owners to the Architect to initiate this agreement and to reserve the time required to complete the work covered by this agreement. Balance of Compensation: The balance of Compensation will be billed monthly with progress, or at the end of the work proposed, whichever should come first. Payment will be due upon receipt of invoice. Late Payments: Payments will be considered late if not received within thirty (30) days of invoice. Late payments will be assessed interest at a rate of 18%/year, compounded monthly. Costs of Collection: All cost associated with collection of Compensation due and unpaid, including all legal services, will be paid by the Owners. Limit of Liability: The Architect's liability for errors or omissions in the Construction Documents and all related service, shall be limited to and not exceed the amount of compensation paid to the Architect for such service. Termination of Agreement: This Agreement may be terminated by either party, should either party substantially fail to perform. For termination not the fault of the Architect, the Architect shall be compensated for all services performed to termination including reimbursable expenses. Owner: Date: City of Ukiah - City Hall Building Addition Page 3 AGENDA SUMMARY ITEM NO. 8b DATE: December 20, 2000 REPORT SUBJECT: INTRODUCTION AND ADOPTION OF URGENCY ORDINANCE ADDING SECTION 1873.E TO DIVISION 1, CHAPTER 11, ARTICLE 2 OF THE UKIAH CITY CODE AND APPROVAL OF SIX MONTH EXTENSION OF CABLE FRANCHISE AGREEMENT WITH ADELPHIA COMMUNICATIONS CORPORATION The City of Ukiah along with the County of Mendocino and Cities of Fort Bragg and Willits has initiated negotiations with Adelphia Communications Corporation for renewal of the cable franchise agreement with each jurisdiction. The City and its partners are currently requesting from Adelphia up front funds to aid us in obtaining a consultant to assist in negotiating the best possible franchise agreement in the rapidly changing and complex field of telecommunications. However, the current 15 year agreement expired as of December 6, 2000. In order to authorize the continuance of cable service by Adelphia during the period of negotiations, an extension of the franchise agreement is necessary. The attached urgency ordinance must be adopted to allow extension of the cable franchise agreement with Adelphia until such time as the City and other parties have successfully negotiated and adopted a new, long-term agreement. Staff is recommending the Council introduce and adopt the attached urgency ordinance authorizing the agreement extension and, approve the extension agreement. RECOMMENDED ACTION: 1. Adopt the urgency ordinance adding Section 1873.E to Division 1, Chapter 11, Article 2 of the Ukiah City Code, and; 2. Approve the Cable Television Franchise Extension Agreement with Adelphia Communications Corporation and authorize City Manager to execute agreement. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine adoption of urgency ordinance and approval of agreement extension inappropriate at this time and do not move to adopt and approve. is Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Adelphia Communications Corporation Larry W. DeKnoblough, Community Services Director Candace Horsley, City Manager and David Rapport, City Attorney 1. Proposed Urgency Ordinance 2. Proposed Agree ~m~Extension i ~"~n~ace Hc~rsley, ~itt Manager LD/ZIP1 · Cable. ASR follows: ORDINANCE NO. URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING SECTION 1873.E TO DIVISION 1, CHAPTER 11, ARTICLE 2 OF THE UKIAH CITY CODE The City Council of the City of Ukiah ordains as follows: SECTION 1. (a) Section 1873.E. is hereby added to Article 2, Chapter 11, Division I of the Ukiah City Code to read as Section 1873 PROCEDURE FOR OBTAINING FRANCHISE: -- E. Extension of Cable Television Franchise with Adelphia Communications: Notwithstanding any other provision of this Article 2 to the contrary, the City Council may extend the Cable Television Franchise granted to Adelphia Communications without the necessity of complying with the application or other procedures set forth in Section 1873 for the purpose of negotiating an acceptable renewal of Adelphia's franchise. The City Council may extend the franchise retroactively from December 6, 2000, and for such period or periods of time as the City Council determines are necessary to undertake negotiations with Adelphia in concert with other jurisdictions in Mendocino County. SECTION TWO Upon approval by a 4/5 vote of the City Council, this Ordinance shall be adopted and become effective immediately as an urgency measure. The urgency arises from the immediate necessity to preserve the public peace, health, and safety. The specific facts constituting the urgency are as follows: 1. The current cable television franchise with Adelphia expired on December 6, 2000, and was for a term of 15 years. 2. The current City Code currently limits the term of a franchise to 15 years and specifies the procedure required to renew a cable television franchise. 3. To avoid a loss of cable service within the City, the City and Adelphia must have additional time to conduct negotiations for the renewal of the franchise. The City has agreed to coordinate those negotiations with other jurisdictions in Mendocino County. If this ordinance is not adopted on an urgency basis, Adelphia will have no franchise for the period of time required to comply with the procedures for franchise renewal or until negotiations for the renewal are complete. This could disrupt cable television service in the City. Introduced by title only and adopted on December 20, 2000 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Phil Ashiku, Mayor ATTEST: Marie Ulvila, City Clerk CABLE TELEVISION FRANCHISE EXTENSION AGREEMENT This Agreement is made this day of December, 2000, by and between the City of Ukiah and Adelphia Communications Corporation ("Adelphia"). RECITALS mo The City of Ukiah granted a non-exclusive cable television franchise to Group W Cable, Inc. on December 6, 1985. This franchise agreement was first transferred to Century Communications Corporation on May 21, 1986, and later to Adelphia on June 19, 1999. B, Adelphia is the current holder of a cable television franchise in the City of Ukiah pursuant to the franchise agreement initially granted to Group W Cable, Inc. (the "Franchise Agreement"). C. The Franchise Agreement has a fifteen year term which expired on December 6, 2000. De The City and Adelphia are involved in negotiating a renewal of the Franchise Agreement. The parties have not completed these negotiations prior to the expiration of the current Franchise Agreement. Ee Both the City and Adelphia desire to extend the term of the current Franchise Agreement so that the negotiations can be completed within a reasonable time and a renewal agreement can be submitted to the City Council for public hearing and action. In consideration of the terms and conditions of this Agreement and other valuable consideration, the adequacy of which is hereby acknowledged, the parties hereto agree as follows' The City and Adelphia hereby agree to extend, effective December 7, 2000, the term of the Franchise Agreement to and including June 30, 2001. 2, This extension shall not affect the provisions of the Franchise Agreement, except the term, which provisions shall remain in full force and effect, nor shall this extension affect in any manner any of the rights or obligations existing under the current Franchise Agreement. S:\U~AgrmtsO0\CableTV. wpd December 6, '2000 Page 1 of 2 This Agreement is entered into on the date first stated above. CITY OF UKIAH ATTEST: By: Phil Ashiku, Mayor By: Marie Ulvila, City Clerk ADELPHIA COMMUNICATIONS CORPORATION By: Its: By: Its: S:\U~grmtsOO\CableTV. wpd December 6, 2000 Page 2 of 2 -~uesCay, .luy ' 8, 2000 NPC quietnet: COS - Leaf Blower Facts Page: 3 Air Pollution From Leaf Blowers The California Air Resources Board (ARB) says air pollution costs our state billions of dollars annually in health care and crop and building damage. It irritates eyes and throats, harms lungs, and causes cancer and premature death (!). including sudden death from heart attacks. Ozone*, a gas, is Sacramento's worst air pollution problem (2), and we also have unhealthy levels of liquid and solid particulate matter (PM**) (3). Blowers, especially gasoline-powered, contribute to both of these. Emissions from the two-stroke combustion engine include PM as well as gaseous carbon monoxide, nitrogen oxides, and hydrocarbons (CO, NOx, and HC). Leaf blowers also raise (entrain) dust from the ground. And evaporative emissions of fuel occur during the refueling process, which sometimes spills gas on the operators, and from the fuel tank. Comparisons that exclude some of these could understate the problem. Fine PM2.5 particles, which are man-made and do not occur in nature, evade the body's defense systems. According to the EPA and ARB they can increase the number and severity of asthma attacks, cause or aggravate bronchitis or other lung disease, and reduce our ability to fight infections (4). Leaf blower motors are inordinately large emitters of CO, NOx, HC, and PM according to a study conducted for the ARB (5). Two-stroke engine fuel is a gasoline-oil mixture, thus especially toxic. Particles from combustion are virtually all smaller than PM2.5. According to the Lung Association, a leaf blower causes as much smog as 17 cars. Street dust includes lead, organic carbon, and elemental carbon according to a study conducted for the ARB. The Lung Association states "the lead levels are of concern due to [their] great acute toxicity... Elemental carbon...usually contains several adsorbed carcinogens." Another study found arsenic, cadmium, chromium, nickel, and mercury in street dust as well i.6). The ARB states that a leaf blower creates 2.6 pounds of PM10 dust emissions per hour of use ~7)~ and based on this a report from the Sacramento Metropolitan Air Quality Management District states that leaf blower dust is responsible for two percent of our PM (8). Blowers are widely used in residential areas where many people are exposed. The EPA and ARB, in their brochure "Particulate Matter Air Pollution: A threat to our health" advise us, "Avoid using leaf blowers." The multi-agency Best Available Control Measure Working Group agrees. In November 1997 the Los Angeles Times reported on studies by Kaiser and the Califomia EPA showing a correlation between levels of air pollution and hospital admissions for cardiopulmonary problems (9). These reinforce conclusions reported in the August 1997 issue of Consumer Reports, which described the effect on preschool children as "especially startling." (10) Fifty thousand people in the city of Sacramento are particularly vulnerable to air pollution because of asthma or cardiopulmonary disease (..! ! ). Healthy adults and children who play or exercise vigorously are also at risk Sacramento must reduce its smog-forming emissions by 40 percent by the year 2005 in order to achieve healthier air (3). yet the Portable Power Equipment Manufacturers Association has asked its California members to lobby against stricter emission regulations developed by the ARB for 1999 (!2). · Ozone, three atoms of oxygen in one molecule, is formed by reaction of hydrocarbons (sometimes referred to as "volatile organic compounds," or VOCs) and NOx in sunlight. It is desirable in the upper atmosphere, but irritating to living tissue. · *PM air pollution consists of particles small enough to remain suspended in the air for a significant period of time (hours to days) unless washed out by rain or otherwise removed. PM is often described by its particle size as PM 10 or PM2.5, a number that refers to maximum diameter in microns. (Thus, PM2.5 is a subcategory of, and contained within, PM10.) References: 1. "The California Air Resources Board", a brochure currently available at the ARB offices, 2020 L Street, Sacramento CA 95814. http:/ /www.nonoise.org/ quietnet/ cqs/ leafblow.htm#opinion -uesc'ay, Ju'y ~ 8, 2000 12. Top - NPC Quietnet: CQS - Leaf Blower Facts Page: 4 "Spare The Air: Improving Air Quality In The Sacramento Region", published summer 1997 by the Sacramento Metropolitan Air Quality Management District, which says, "During the summer, we are among the worst areas in the nation for ozone air pollution" and advises us, "Don't use gasoline-powered lawn and utility equipment..." 3. Califomia Air Resources Board: Status Report 1995-96. 4. "Particulate Matter Air Pollution: A threat to our health", Best Available Control Measure (BACM) Working Group, January 1997. 5. American Lung Association of Sacramento - Emigrant Trails, "Fact Sheet: Leaf Blower Air Pollution Impacts Study Results." 6. County of Fresno, Inter Office Memo, October 14, 1982. 7. July 9, 1991 letter from Terry McGuire, Chief, Technical Support Division, ARB, states, "We estimate that a single leaf blower reentrains about 5 pounds of particulate matter in an hour, about half of which is PM10." 8. Reported in the Sacramento Environmental Commission's "Leaf Blower Recommendations From the Subcommittee", October 27, 1997. 9. Los Angeles Times, November 21, 1997, "Alerts Urged at Lower Smog Levels". 10. Consumer Reports, August 1997, page 36, "Air Quality Special Report: Cleating the air". In this long, forcefully written, informative article, the magazine reports that, "Outdoor air--even air that meets present pollution standards--still can be hazardous to your health." The article explains that the scientific evidence is "remarkably consistent" and significant, in spite of assertions to the contrary by polluting industries. And it says that industry typically threatens ruinous cost increases if new regulations are imposed, "but when regulations have changed anyway, the predicted economic disasters haven't materialized." 11. Sacramento Bee, 1997 (exact date unknown), "Capital-area air labeled bad but legal". The article said 152,000 people in Sacramento County suffer from chronic obstructive lung disease, asthma, or ischemic heart disease. We assume the city's per capita rate matches the county's. Sacramento Bee's California Life, January 17, 1998, "Garden equipment group steps on the gas". Leaf Blowers and Health: Letter to the California Air Resources Board This letter discusses some of the health effects of leaf blowers, with information sources noted for further reference (sources listed elsewhere on our web site are not necessarily repeated here). Although certain facts can be and have been documented by studies, a number of conclusions about the health effects of leaf blowers -- as they are used in actual practice today -- can be reached simply by using common sense and logic, and some of these conclusions are included in the following discussion. General Connnent on Level of Danger: In ordinary use, blowers are clearly not being operated according to the manufacturers' own warnings. According to warnings (such as Echo's "Power Blower Operators Manual"), everyone within 50 feet of a blower in use should be wearing hearing, eye, and breathing protection. We all know from our own observations that this is not done, and it is preposterous it ever could be, as blowers are often used within less than 50 feet of bystanders such as pedestrians, cyclists, and even people inside their own homes who can hardly be expected to put on hearing, eye, and breathing protection each time they encounter a leaf blower! Noise - Effects on the General Public: In 1980, the World Health Organization and United Nations jointly sponsored a report, "Environmental Health Criteria 12. Noise," which contained "the collective views of an international group of experts." The report listed a variety of health effects, both on workers in noisy industries and for populations ~n noisy living environments. Based on the evidence reviewed and the opinions of these experts, the report recommended these community noise levels: ® "For good speech intelligibility, noise levels of less than 45 dB(A)... ® "[To avoid] sleep disturbance...a bedroom noise limit of 35 dB(A)... ® "General daytime noise levels of less than 55 dB(A)[to prevent] significant community annoyance... · "To meet sleep criteria... [an outdoor level of] 45 dB(A) http://www.nonoise, org/quietnet/cqs/ leafblow.htm#opinion Tuesday, July 18, 2000 NPC Quietnet: CQS - Leaf Blower Facts Page: 5 In the absence of any report to the contrary, we should not have to reinvent the wheel by proving noise is bad. The only question thus remaining is: Do leaf blowers conform to the WHO report standard? The answer is obviously no. Whether or not any particular leaf blower conforms to its advertised noise level as determined by standards promulgated by the American National Standards Institute is not relevant. The ANSI standards are measurement methodologies, and do not even purport to be limits on noise pollution. Further, demonstrations in California communities show that the standard does not represent actual experience. For example, in Palo Alto, 1998 and 1999 leaf blower demonstrations conducted by the police department revealed that in actual use blowers exceeded their decibel ratings as supplied by the manufacturers based on ANSI standards (April 27, 1998 City Manager's Report; May 12, 1999 Palo Alto Weekly). Consumer Roports has reached the same conclusion. Manufacturers should not be allowed to divert discussion to the noise levels produced by their quietest models, when they continue to sell louder models in greater numbers. Noise levels are only one of the factors that determine the nuisance value of a noise source. Another factor is the frequency of exposure. Leaf Blowers are ubiquitous in California. We report some sales figures in A Brief Histgry of the Leaf Blower on this web site. In preparation for my testimony to the Sacramento Environmental Commission in 1997, I kept a week long diary of leaf blower noise as I experienced it, mostly when I was in my home. (And, I must add, there is nothing more miserable than having one's home invaded by unwelcome noise.) I heard leaf blowers up to eight times a day, sometimes for extended periods. The very fact that you are now engaged in preparing a report on the health effects of leaf blowers attests to their significance as a problem. The battle over leaf blowers reached the state legislature only after being fought for years in cities all over California and the nation. Judging by the number of citizen groups in the U.S. that have organized to ban leaf blowers, it seems entirely reasonable to place leaf blowers among the top ten sources of U.S. noise pollution (a list of "Known Pro-Quiet Anti-Noise Groups" recently compiled by David Staudacher, moderator of the Quiet-List, supports this assertion). There is a good reason that Echo's list of "Cities with noise activity"' (my copy is dated August 8, 1997) is 21 pages long! As Eric Zwerling, Director of the Rutgers Noise Technical Assistance Center, stated by telephone (May 6, 1999), "There is an ample body of literature on the health effects of noise." Studies documenting these effects can be found listed in the WHO report discussed above, and additional sources are listed below. Of course, all these effects, which can be predicted for bystanders to frequent leaf blower use would also occur for the operators: Stress. In 1978 the U.S. EPA, in "Noise: A Health Problem," wrote: "Noise causes stress and the body reacts with increased adrenaline, changes in the heart rate, and elevated blood pressure" and quoted Dr. Samuel Rosen of Mt. Sinai Hospital: "We now have millions with heart disease, high blood pressure, and emotional illness who need protection from the additional stress of noise. "The report goes on to state: "Noise does not have to be loud to bring on these responses. Noise below the levels usually associated with hearing damage can cause regular and predictable changes in the body..." Even the unborn can be affected. The EPA report says, "[T]he fetus is not fully, protected from its mother's response to stress...this indirect fetal response may threaten fetal development if it occurs early in pregnancy...A Japanese study of over 1,000 births produced evidence of a high proportion of low-weight babies in noisy areas.., stress causes constriction of the uterine blood vessels which supply nutrients and oxygen to the developing baby." Cardiovascular problems. According to the Los Aneeles Time~ (3/27/99), "German environmental authorities have documented a greater risk of heart attacks amc~ng people exposed to excessive noise...Investigation of the lifestyles of German cardiac patients has shown about a 25 percent greater chance of heart attacks among those whose work or home environments were persistently exposed to noise above 65 decibels..." The web site of the European Academy of the Urban Environment says, "The effects of noise range from disruption of physical and psychological well-being to rapid increase in cardiovascular disease." The U.S. EPA has stated, "[A] growing body of evidence strongly suggests a link between exposure to noise and the development and aggravation of a number of heart disease problems...even a small increase in the percentage of heart problems caused by noise could prove debilitating to many thousands of Americans." Gastrointestinal distress. According to the League for the Hard of Hearing, "Studies have linked noise exposure with increased gastric emptying (Kaus and Fell, 1984), with increased peristaltic esophageal contraction (Young, 1987), as well as increased anxiety. Another study found an increase in the use of antacids http://www.nonoise.org/quietnet/cqs/ leafblow.htrn#opinion r~escay, .uy .::, ???r) NPC O. uietnet: C(~S - Leaf Blower Facts Page: 6 hypnotics, sedatives and antihypertensives in a noisy community...(Knipschild, 1977)." Depressed immunity. The U.S. EPA reports: "From a study done with animals, researchers concluded that noise may be a risk factor in lowering people's resistance to disease and infection." A recent study conducted at the University of Utrecht in the Netherlands found that "[an] uncontrollable stressor that lasts 15 minutes can have consequences for health because it may interfere with cytokine interleukin-6 function, which plays an essential role in activating the immune defense... Uncontrollable stressors also produce high levels of cortisol, which suppresses immune system functioning." Interrupted sleep. It does not take a study to determine that many people must sleep during the same daytime hours that leaf blowers are used in every neighborhood. One need only consider the number of hospitals, police departments, and convenience stores along with a great many other entities and services that operate around the dock. Noise can awaken us from sleep, prevent us from falling asleep, and impair sleep even when it does not awaken us. Sleep deprivation has a number of well-known consequences including automobile and industrial accidents and diminished mental and physical health. The L.A. Tim~ reported (March 27, 1999) that when noise disrupts sleep, it produces stress hormones that accelerate aging and heart disease. A 1993 article in the Journal of the American Medical Associatigr~ ( Vol. 269, No. 12) stated, "Inadequate or poor sleep can result in fatigue and impaired alertness and cognitive ability, reducing productivity on the job and increasing the opportunity for human error and fatigue- related accidents. On-the-job accidents and lost productivity carry' a staggering cost--about $64 billion annually... Sleep loss and sleep disturbances also are thought to play a major role in causing automobile accidents. Drowsiness is blamed for some 200,000 to 400,000 automobile accidents annually. These accidents account for almost one half of all accident-related fatalities; as many as 13 percent of these deaths may be caused by falling asleep at the wheel." Social discord. The League for the Hard of Hearing cites studies that report increased aggression (Donnerstein and Wilson, 1976) and less helpful behavior (Mathews and Cannon, 1975) in noisy environments. Alice Suter, Ph.D., a nationally recognized noise consultant, was quoted in the Spring 1993 Issues in Science and .~: "Even moderate noise levels can increase anxiety, decrease the incidence of helping behavior, and increase the rise of hostile behavior in experimental subjects." Impaired communication. Noise disrupts social interaction and can be dangerous by masking warning noises. According to the U.S. EPA, "People who live in noisy places tend to adopt a lifestyle devoid of communication and social interaction.. For millions of Americans residing in noisy urban areas, the use of outdoor areas for relaxed conversation is virtually impossible." Impairment of children's hearing, health, learning, and behavior. The League for the Hard of Hearing cites studies of children and noise. The U.S. EPA reports that learning difficulties, particularly with language development and reading ability, are byproducts of noisy home and/or school environments Psychological, social, and emotional problems. The [UK] Electronic Teleeraph (March 28, 1999) re orts that [one] American study showed that people hv~ng on noisy mmn roads had far fewer friends than those in quiet suburbs. People living near airports were eight times more likely to suffer mental problems." The U.S. EPA says, "Several industrial studies indicate that noise can heighten social conflicts both at work and at home... And studies of several industries show that prolonged noise exposure may lead to a larger number of psychological problems among workers." · Particular difficulty for certain subgroups of our population, including the hearing-impaired and sufferers of hyperacusis and finnitus. Noise even at 65 dB interferes with the ability of the hard of hearing to recognize speech. This is an increasing problem for Americans who are losing heating at younger ages and in greater numbers than ever before. For example, the Sacramento Bee reported (October 19, 1998) that a study of 6,928 men and women published in the American Journal of Public Health found that "the prevalence of hearing impairment nearly doubled between 1965 and 1994 in a population based in Alameda County." According to the U.S. EPA, "When exposed to a vent, loud noise, people with partial hearing loss may experience discomfort and pain." [Expanded http://www.nonoise.org/quietnet/cqs/ leafblow.htm#opinion Tuesday, July 18, ;>000 NPC Quietnet: COS - Leaf Blower Facts Page: 7 quote below with source noted.] Hyperacusis (also known as dysacusis, oxylacusis, hypersensitive hearing, or phonophobia) may include about one in every 100,000 people. It is a heightened sensitivity to sound which causes noise to be traumatic. As many as 40 percent of autistic children are similarly sensitive to sound. (Information obtained from the Internet.) Noise - effects on the operators. A leaf blower that emits 75 decibels of noise measured from 50 feet, not uncommon for professional blower models on the market today will emit 99 dB at three feet (add 6 dB for each halving of the distance). A backpack model will be even closer than that to the operator's ears and heart. The documented effects of these noise levels include: Noise-induced heating damage. Robert L. Blum, MD, wrote in 1998: "The National Institute of Occupational Safety. and Health (NIOSH) has recognized for decades that exposure to sounds over 85 dB causes hearing loss...A search of the National Library. of Medicine's database for papers after 1990 ["Medline"] yielded 927 references [including]: "(Wu 98) surveyed 9,535 workers who were exposed to noise > 85 dB just in the past four years (with modem heating protection programs). 34 percent of these workers had noise- induced heating loss. 14 percent of the total had severe hearing loss. "(Maisarah 93) studied 524 industrial workers and compared them with non-noise exposed workers. Sensorineural hearing loss ,was present in 83 percent of the noise-exposed workers versus 32 percent in the control group..-Although hearing protection devices were provided to 80.5 percent of the workers, only 5.1 percent were wearing them regularly. · "(Neuberger 92) studied 260,917 noise-exposed workers and showed a highly significant correlation of hearing loss with intensity and duration of noise exposure." Alice Suter, Ph.D., wrote in 1994, "[I]t is well known that some more susceptible workers will incur hearing losses at levels below 85 dB(A)." Vibration-induced heating damage. Dr. Blum says: "Vibration is significant because commercial blowers are worn on the back... Vibration is transmitted up the spinal column to the skull and temporal bones, which enclose the cochlea. .. [E]ar muffs do nothing to protect the operators from vibration transmitted by bone conduction... Vibration-induced heating loss is also well-documented.. -Scores of epidemiological studies have shown heating losses in farm workers, factory workers, subway operators, and [workers in] many other industrial settings. ( See Medline under key words: vibration and noise-induced heating loss.) Vibration-induced heating loss is over and above that produced by noise." It is worth noting here that heating loss is deeply damaging to a person's life in many ways. It affects employability, impairs enjoyment of music and other entertainment, creates hazards by impairing the ability to recognize sounds of danger, and perhaps worst of all, creates social isolation. In its 1978 report "Noise: A Health Problem," the U.S. EPA stated, "People with partial deafness...do not necessarily live in a quieter word. The many sounds still audible to them are distorted...When exposed to a very loud noise, people with partial hearing loss may experience discomfort and pain...There is even the further pain hard-of-heating person faces: the emotional anguish caused, perhaps unintentionally, by friends and associates who become less willing to be partners in conversation or companions in other activities. Indeed, the inability to converse normally makes it difficult for partially deaf people to participate in lectures, meetings, parties, and other public gatherings. For a person with hearing loss, listening to TV, radio, and the telephone--important activities of our lives--is difficult, if not impossible...As heating diminishes, a severe sense of isolation can set in."/LI> · Stress. (See the above section on stress in "Noise - effects on the general public.") Heart disease. Dr. Blum cites Tarter (1990), who showed "a significant correlation between hypertension and hearing loss in workers exposed to 85 dB noise. "At the very least, the same level of cardiovascular problems experienced by people in noisy environments as discussed above would be experienced by blower operators. http://www.nonoise.org/quietnet/cqs/ leafblow.htm#opinion Tuesday, July 18, 2000 NPC Quietnet: COS - Leaf Blower Facts Page: 8 Gastrointestinal problems. The U.S. EPA says, "In studies dating back to the 1930s, researchers noted that workers chronically exposed to noise developed marked digestive changes which were thought to lead to ulcers. Cases of ulcers in certain noisy industries have been found to be up to five times as numerous as what normally would be expected." Combined effects of noise and pollution on hearing. Research mentioned in the May 1998 issue of Noise 87 ¥ibra$ioll Worldwide says: "...[F]indings suggest that exposure to toluene [an ingredient in gasoline] has a toxic effect on the auditory system." Other information is available in the published proceedings of the Stockholm Fifth International Congress on Noise as a Public Health Problem in the section "Combined Agents" which includes "Interactions Between Noise and Air Pollution" and "Noise and Solvents." Generally poorer health. The U.S. EPA reports: "A five-year study of two manufacturing firms in the United States found that workers in noisy plant areas showed greater numbers of diagnosed medical problems, including respiratory ailments, than did workers in quieter areas of the plants." In 1994, Alice Suter wrote that "there is growing evidence that noise adversely affects general health, and the cardiovascular system in particular...which directly affects mortality" and refers to Ising and Kruppa, 1993; Peterson et al, 1978, 1981, and 1983; Rehm, 1983; and Zhao, et al, 1993. Entrained dust (and other substances from the ground). Logically, we must assume that anything on the ground in small enough particles to become airborne will end up in the dust clouds created by leaf blowers and then inhaled by anyone in the area. This would include: Molds and pollens. These substances are known irritants to sufferers of asthma or allergies. According to the Asthma & Allergy Foundation of America, 1.8 million Californians, including half a million children, suffer from asthma and 600 of those die of it each year. · Lead, arsenic, and mercury among other harmful substances (mentioned elsewhere on our website). Pesticides. Of the 18 most commonly used herbicides, seven are cancer causing, six cause birth defects, six have reproductive effects, eight are neurotoxic, nine are damaging to the kidney, and liver, and 14 are irritants according to Jay Feldman, Executive Director of the National Coalition Against the Misuse of Pesticides. In an August 27, 1998 article in the Boulder Weekly he cites the EPA and NIH as his sources for this information, and continues, "Even worse, we do not know what we should about the pesticides...EPA officials have stated clearly that numerous tests are not performed as part of pesticide registration and should be...In addition, pesticides are not currently tested in mixtures with other chemicals for their additive, cumulative, or synergistic effects...The majority of pesticide formulations...are comprised of so-called 'inert' ingredients that are often more toxic than the parent compound and not disclosed on the product label." Increasing the hazard to lawn care operators, the use of pesticides on home lawns is four times as heavy per acre as in agriculture (The Ecology of Eden, quoting Pollan, "Why Mow?"). And according to Olkowski, Daar, and Olkowski founders of the Bio Integral Resource Center (in their book, Common-Sense Pest Control), inhalation of pesticides is the most destructive form of ingestion. · Animal feces. For an interesting discussion of this aspect of air pollution, see the L.A. Times article "Fouled Air a Major Pet Peeve for Mexico City." Viral disease. In 1995, local Long Island newspapers reported the death of a landscaper, Verod Hopson, from a hantavirus infection. After he died, 24 live rodents were collected from his home and workplaces, and 12 were found to have hantavirus antibodies. Humans contract hantavirus by breathing particles of infected rodent saliva, urine, or feces into their lungs. The virus is fatal about half the time, and there is no cure. Where hantavirus is present, health authorities are unanimous in advising that dust not be stirred up. Because noise can impair immunitly as discussed above, it seems especially imprudent to stir up dust with a noisy instrument. Engine emissions and other fuel-related problems. We recognize the ARB'S leadership role in the study and regulation of air pollution, and certainly don't think there is much we need to say about this aspect of leaf blower health issues. However, we do have a few comments for the sake of completeness. Included with Echo's warning literature accompanying their gas-powered blowers is this message: "Warning! The http://www.nonoise.org/quietnet/cqs/ leafblow.htm#opinion Tuesday, July 18, 2000 NPC Quietnet: cqs - Leaf Blower Facts engine exhaust from this product contains chemicals known to the State of California to cause cancer, birth defects or other reproductive harm.' Page: 9 According to the U.S. EPA (Environmental Protection Specialist Betsy McCabe, quoted in E Magazine, March-April 1997), small gasoline engines create up to 20 percent of the air pollution in cities, particularly NOx and particulates. Although leaf blower engine emissions will be reduced with implementation of the ARB'S Tier II emission standards, it should be noted that millions of blowers already in use do not meet these standards, and may continue in use for years. In addition to the contribution to overall air pollution from engine emissions and fuel spillage and evaporation, it is reasonable to suggest that the hazards are substantially increased for the blower operators, who are exposed to greatly increased concentrations of these substances. And a further hazard for operators arises from gasoline spilled on their hands (or other body parts) when refueling. Miscellaneous occasional health effects on the operators. According to the U.S. EPA, "Newspaper files and police records contain reports of incidents that point to noise as a trigger of extreme behavior...sanitation workers have been assaulted, construction foremen threatened, and motorboat operators shot at--all because of the noise they were producing." In a notorious incident, Santa Barbara anti-blower campaigner Ashleigh Brilliant once attacked a gardener and smashed his leaf blower. According to the magazine Lawn & Landscape Maiater~allc¢ (April 1991), a Los Angeles maintenance contractor cleaning a sidewalk with a leaf blower was stabbed by a man trying to talk on a pay telephone nearby. "Killer bees" (Africanized honey bees) are known to respond violently to loud noises, and in December 1998 Southern California newspapers reported a gardener stung over '75 times by these bees. Effects on other living creatures. Any lover of animals can not help but be concerned about the distress and disruption caused pets and small wildlife in our neighborhoods by this unnaturally loud noise. Economic issues. All the above harms have economic costs. The L,~. Times (3/27/99) reports, "Scientists from all 15 European Union countries who are drafting a common noise policy estimate that excessive racket costs governments as much as two percent of gross domestic product in lowered productivity, increased accidents and more-frequent illness." Two percent of the United States GDP is more than $150 billion and any fraction of that is significant, to say the least. Additionally, there are costs associated with cleaning blown dust and debris from cars, homes, and furnishings. There is also significant cost of damage to gardens and plants caused by blower-generated, hurricane-force winds. See particularly the information from Steven Dailey (A Letter Opposing Leafbl0wers) and Steve Zien (Blowers Are Bad For Gard.ens: One Professional's Opinion), both of whom are professionals in the landscaping industry. The Sacramento Bee carried a column by local garden expert Dan Pratt on June 12, 1999 entitled "Leaf blowers can neatly destroy the landscaping" that describes blower damage to plants and gardens. There is no evidence of increase in the cost of lawn care when blowers are banned. CQS has collected information about this issue. In our flier "Effect of Blower Bans on Gardeners' Jobs and Rates," we cite the experience of six California cities that have banned blowers with no ill effects. A Los Angeles contest between leaf blower and broom (Grandmother Proves Rake and Broom as Fast as Leaf Blowers) showed no significant difference in efficiency. Dick Roberts, organizer of Project Quiet Yards in Greenwich, Connecticut, told House & Garden in 1996, "We did a test on a half acre of grass clippings and found a rake was only ten minutes slower than a blower." That extra time would equate to less than one minute for a typical-size yard in my neighborhood. If there is any improved efficiency, from blower use, that efficiency is bought at the expense of everyone within hearing distance, which is extremely unfair. Noise causes a reduction in the accuracy of work, particularly complex tasks. The U.S. EPA says noise "seems to hinder work efficiency...Noise is more likely to reduce the accuracy of work rather than the total quantity. And it takes a greater toll on complex compared to simpler tasks... Other studies have confirmed additional effects of noise exposure, including exhaustion, http://www.nonoise.org/quiet net/cqs/ leafblow.htm#opinion Tuesday, July 18, 2000 NPC Quietnet: CqS - Leaf Blower Facts ,"Los Angeles Superior Court judge upholds city's ban. Page: Sourc~: (1) Sacramento Bee, 12/8/90 (2) Lawn & Landscape Maintenance, April 1991 (3) Horticulture, November 1992 (4) Newsday, 8/11/97 (5) Wall Street Journal, 12/4/90 (6) City of Claremont agenda report, 10/30/90 (7) Ketzel Levine, The Oregonian, ca. 1997 (8) Palo Alto Daily News, 3/10/98 Various city ordinances Grandmother Proves Rake and Broom as Fast as Leaf Blowers (January 8, 1998 press release from Zero Air Pollution, Los Angeles) In fighting the ban on gas powered leaf blowers gardeners have argued that it would take them twice as long to do jobs if they had to use rakes and brooms. But Diane Wolf berg, a Palisadian grandmother in her late 50s, proved them wrong in tests conducted by the Department of Water & Power Leaf blower Task Force last Thursday. In three tests involving gas powered leaf blowers and battery powered leaf blowers, Diane cleaned the areas using rakes or brooms faster than any of the battery powered blowers and almost as fast as the gas powered leaf blowers and she did a better job in cleaning up the areas. The Task Force, formed at the direction of the Los Angeles City Council, is c.omposed of two representatives from the gardeners' associations and one representative each from the landscaPe contractors association, the dealers, DWP, the Department. of Parks and Recreation, General Services, the City Council, and the homeowners. It is evaluating electrical altematives to the. gas powered leaf blowers. When it was proposed that the electrical equipment be tested against gas powered leaf blowers which Would be the baseline for comparisOn, the homeowner represbntative, Jack Allen, also of the Palisades, suggested that rakes and brooms be included in the comparison. Wolfberg, who like Allen, is a member of Zero Air Pollution (zAP), volunteered. In the first test, which required each participant to clean a pebbled cement patio area aPpro, ximately 100 square feet in size With eight chairs placed on the patio, diminutive Wolfberg cleaned the area.in two minutes and 30 seConds. The gas powered leaf blower operated by a large, well muscled'gardener Cleaned the area in two minUtes but like all the leaf blowerS,'did not clean the area of small nuts or leaf stems, something Wolf berg was able to .do. · . . In a second tes~ involving the mowing of paper cuPs.and wadded paper down a 50'foot slOPe andback up again, she was as fast as the gas powered leaf blower and faster.than the electric blowers. In the third'teSt, requiring the cleaning of a heavy bed of pine needles and dirt down a thirty foot concrete ramp, she was the fastest and'the cleanest. The leaf blowers all sent' columns of damp dirt flying into the air as mUch as five or six feet. . Wolfberg's performance did not impress the gardeners bUt did impress 0thews who had been ~onvinced that using rakes and brooms was not feasible, The rep,resentative from DwP told Wolfberg that she had won him over. ? City of Claremont Agenda RePort Prohibition of Leaf Blowers in City.Owned and. Maintained Property .. (excerpt from report dated OctOber 30, 1990) · · . Following CommunitY.se~ices commission review in jUly of this year,: staff decided to no longer use leaf blowers in the maintenance of city property, The city!s, leaf blower ban has added approximately one. hour per daY..of work for each of the two tree crews. There: are.two people on each crew ·so wehave added about 1/16.of a person, in terms of work http:/ Iwww.nonoise.or g/ quietnet/ cqs/ .' leafblow.htrn#opinion Tuesday, July 18, 2000 NPC O. uietnet: COS - Leaf Blower Facts Page: 12 load. However, the grounds crews have been using a sidewalk vacuum in lieu of a leaf blower and have discovered they are actually saving an hour per day per crew. There are two crews with a total of six people so the city is saving almost 1/5 of a person in terms of wOrkload.' ~- "' . ... .. Staff took a noise reading on a vacuum at 50 feet and it read 69 decibels. While this is significantly less than the 73-83 ~0b readings on gas blowers, it is slightly more than the 65-68 db readings on electrical blowers. The vacuum noise is not nearly as annoying as the whining noise of a gas blower. The'vacuum is successful in achieving a reduction in dust pollution.' . Blowers Are Bad For Gardens: One Professional's Opinion Note: The statements below are taken from Steve Zien's letter tolocal Assembly members opposing SB 14, the bill that would prohibit California cities from banning blowers. Zien owns' and oPerates Living ResoUrces Company, 'an organic landscape management service'. In addition, he is Executive Director of Biological Urban Gardening Services (BUGS), an international membership organization of primarily professional landscapers. Zien can be reached at (916) 726-5377. · BUGS has opPosed the uSe of leaf blOwers for:many years'for a variety of easons. There are' many hidden costs when utilizing blOwers regula'rly. "' " · · Wind speeds, in excess of 180 mph are currently blasting landscapes throughout California. Leaves are ripped from branches, new growth and devel'oping flowers are/damaged'and: precious topsoil is blown away. Nurseries and Extension Agents are receiving mOre plant samples f/om gardeners indicating a tornado or hurricane devastated their landscape plants. In most instanCe~the winds are unnatural in origin. Leaf blowers are' producing wind speeds with greater force than ahurricane. TheY are having deVastating effects. · . Blower winds' Stress plants causing dehydration, burned leaves, and the suspension of photosynthesis and other natural plant function, s~ Overall growth is slowed. Natural openings in the leaves that allow for the exchange Of oxygen and carbon'dioxide are'sealed shUt.'Disease spOres'laying dormant bn the Soil Or fallen debris are bloWn back'onto plants where alittle'moisture can reriew their'cycle of irlfestation .and- damage: The severity 0fda/nage cOrrespOnds to the training of leaf blower operators, Blowers effectively distribute disease spores, weed seeds and insect eggs throughout the landscape (as 'well as to neighboring landscapes), Blowers create a disposal problem for many landscape managers gathering up a tremendou~ amount of organic debris.' Instead of Utilizing it appropriately on site it is generally hauled away for disPosal. Most landscapers currently do nOt have a comporting program to utilize this material. Most'of this organic material end's up in sanitary landfill sit~s Which are being rapidly filled to capacity. Many communities are passing regulations limiting the disposal of landscape wastes in lan'drills. . · A common practice by professional landscapers is' to simply blow plant'debris off the propertY and into'the street.· Vehicular traffic then blows this material on neighboring landscapes or back onto the freshly blown site. Material is rarely moved into a pile where it can be collected and taken to a compost pile for proper recycling. Another hidden cost'of leaf blowers is'that they deprive flowers, shrubs, and treeS oflife-giving mulch. Without'this natural blanket, erosiOn, Water evaporation and the Spread of disease all become problems. Mul'ch, when not blown away, creates a favorable growing environment for plants and beneficial organisms both above and below ground while adding nutrients to the plants root zone.' When muIch is rem°red'to the cOmpOst and renewed annually many soil borne diseases' are kept to a minimum, . . ., Blowers use'nonrenewable fossil.fuels while~ creating air pollution. This is a serious prOblem in the Sacramento area. Perhaps the'maj°r comislaint most professional landscapers receive about the use of blowers is noise pollution. This is a serious Problem that has resulted in local ordinances regUlating the use of power bloWers. Clients,' their neighbors and the oPerator are all impacted by the howl. '" · · · . . . This paints a bleak Picture for the poWer btower.' It is perhaps the most over and inappropriately used landscape tool. Autumn's tremendous amounts of org.anic debriS thfit requires' collection might be considered appropriate use of'this tool. H6weve/';.'th6 Weekly murine 6f blowing abuses the sOil arid 'datnages'landscape plants:'while the noise 'generated creates ill' wilI from neighbors find Clients' alike.' Leaf fakes deSe/-ve a renewed interest in the maintenance of landscapes. · http://www.nonoise.org/quietnet/cqs/ lea~low.htm#oDinion Tuesday, July ] 8, 2000 NPC Quietnet: CQS - Leaf Blower Facts Page: 13 The landscape maintenance industry should join BUGS and take a positive approach to blower bans. Old fashioned leaf raking can be a renewed service that their business could provide. It could be used as a selling point--no noise and environmentally sound too! Approach it fight and they could charge the client an appropriate fee for this service, especially if blowers are banned. This could even become a major selling point for some companies. It could lead to business growth and the hiring of more personnel to meet the demand. Environmentally sound landscapers should be able to turn this kind of legislation into a positive for their businesses, making it work to their benefit. TOp Citizens for a Quieter Sacramento: cQ, s Honu~page CQS Positions Current Events in Sacramento ~' O,ther Cities Action Steps & Networking Politics & Philosophy ,, .o http://www.nonoise.org/quietnet/cqs/ , -leafblow.htm#opinion Law Offices Of RAPPORT AND MARSTON An Association of Sole Practitioners 405 W. Perkins Street P.O. Box 488 Ukiah, California 95482 e-mail: drapport@pacbell.net David J. Rapport Lester J. Marston Scott Johnson MEMORANDUM TO: Honorable Mayor and Councilmembers FROM: David J. Rapport, City Attorney DATE: December 15, 2000 SUBJECT: Regulation of leaf blowers (707) 462-6846 FAX 462.4235 You have asked whether the City has the authority to regulate or ban the use of leaf blowers in the City limits. CONCLUSION In my opinion the City has the authority to regulate or ban the use of leaf blowers in the City limits. ANALYSIS The use of leaf blowers, particularly the gas-powered versions, have become controversial. According to one anti-leaf blower web page, of which there are several, 18 California cities have enacted ordinances banning the use of leaf blowers. Most of these ban the gas-powered, but not the electrical, versions. (See California Cities with Leaf Blower Bans, attached hereto as Attachment 1.) Objections to leaf blowers primarily focus on noise and pollution. It is alleged that the gas-powered versions emit high levels of pollutants. It is also alleged that all leaf blowers pollute the air by blowing particles and substances off the ground and off the user's property. Leaf blower use is also criticized because of the noise they make. (See Ten Reasons to Ban Leaf Blowers Now, attached as Attachment 2.) The City's authority to adopt ordinances regulating activity within the City limits derives from the State Constitution. "The general authorization for a local entity's police power is found in California Constitution, article XI, section 7: 'A county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.'" (San Diego Gas & Electric Co. v. City of Carlsbad, 64 Cal.App.4th 785, 795 [75 Cal. Rptr.2d 534, 539].) The constitutional measure by which we judge the validity of a land use ordinance assailed as exceeding municipal authority under the police power is whether it has a real or substantial relation to the public health, safety, morals or general welfare. Conversely, it is unconstitutional only if its provisions are clearly arbitrary and unreasonable, having no substantial relation to the public health, safety, morals, or general welfare. Page 2 Memorandum to Mayor and Councilmembers Subject: Leaf blower ban Date: December 14, 2000 (Associated Home Builders etc., Inc. v. City of Livermore (1976) 18 Cal.3d 582, 604, 135 CaI.Rptr. 41,557 P.2d 473; Guinnane v. San Francisco City Planning Com. (1989) 209 CaI.App.3d 732, 740_741,257 Cal. Rptr. 742.) Kucera v. Lizza, 59 CaI.App.4th 1141, 1147 [69 CaI.Rptr. 2d 582, 588]. ·.. our review is not to question the wisdom of permissible legislation, but we review because the courts have a duty to examine the reasonableness of the exercise of municipal police power. A local police power ordinance is invalid if it is arbitrary, discriminatory, unreasonable, oppressive, not substantially related to the public health, safety or welfare or only marginally serves legitimate purposes while infringing on personal interests protected under due process standards. (Moore v. East Cleveland, 431 U.S. 494, 97 S.Ct. 1932, 52 L.Ed.2d 531.) Griffin Development Company v. City of Oxnard(1985) 39 Cal.3d 256, 271 [217 CaI.Rptr. 1, 10].) Under the police power delegated to the City by the State Constitution, the City can ban or regulate the use of leaf blowers as long as that regulation is rationally related to the public health, safety or welfare. If the City Council elects to exercise this authority, it should adopt findings in the ordinance that bans leaf blowers setting forth the Council's factual basis for its determination that the use of leaf blowers in the City is detrimental to public health, safety or welfare. In making that finding, the City Council should explain why the City's existing noise ordinance (Ukiah City Code Sections 6045-6062) is not sufficient to protect the public against the adverse affects of leaf blowers. For example, Ukiah City Code Section 6053 prohibits the use of any equipment that would cause the noise level at the property line of any property to exceed the ambient base noise level by more than five (5) decibles between 7:00 p.m. and 7 a.m. See also Section 6058 which prohibits any person from intentionally making any loud, unnecessary, or unusual noise which disturbs the peace and quiet of any neighborhood, and sets forth standards for determining whether a violation has occurred. If leaf blowers both pollute and make noise, that combination probably furnishes a sufficient rational basis to ban them rather than rely on the noise ordinance. Additionally, it is probably rational to ban a particular type of equipment, if its use is always disturbing rather than rely on a general noise ordinance which may be difficult to enforce. In exercising this delegated local police power, the City is also constrained by the equal protection, due process and commerce clauses in the United States Constitution. For example, banning leaf blowers, but not banning chain saws, power tools, power lawn mowers, motor cycles or motor scooters, singles out leaf blowers, while ignoring other types of equipment which make as much or more noise and which may produce as much or more pollution. This discrimination is evaluated under the equal protection and due process clauses of the United States Constitution. Under the equal protection and due process clauses, two different standards are applied, depending on whether the discrimination involves a fundamental constitutional right or a suspect classification. Fundamental constitutional rights are those specifically protected by the constitution, such as the right of free speech or freedom of religious expression. A suspect classification is discrimination against a Page 3 Memorandum to Mayor and Councilmembers Subject: Leaf blower ban Date: December 14, 2000 protected class of persons, such as a racial, ethnic or religious group. If discrimination involves a fundamental right or a suspect classification, the City ordinance would be subject to "strict scrutiny." This is a harsh standard of review which a ban on leaf blowers probably could not withstand. Under the strict scrutiny standard of review, the ban on leaf blowers must be justified by a "compelling state interest." That means that the ban is so important that no other alternative could achieve the same objective. The means chosen to protect that interest must be the least restrictive means available. Under these standards, a ban on leaf blowers would probably be struck down. If the discrimination does not involve a fundamental right or a suspect classification, then the City need only establish a rational basis for the discrimination. (See Vance v. Bradley, 440 U.S. 93, 97, 99 S.Ct. 939, 943, 59 L.Ed.2d 171 (1979); New Orleans v. Dukes, 427 U.S. 297, 303, 96 S.Ct. 2513, 2516, 49 L.Ed.2d 511 (1976).) This is a deferential standard of review. Under the rational basis standard of review, the City need only establish that the legislative classification between leaf blowers and other types of noisy, polluting equipment, is rationally related to the achievement of the declared purposes of the ordinance. (Minnesota v. Clover Leaf Creamery Company (1981) 449 U.S. 456, 463.) In my opinion, the rational basis test would apply to a ban on leaf blowers, since the ban does not involve a fundamental right or a suspect classification. Presumably, the City Council would declare in the ordinance that leaf blowers are being banned, because the amount of noise they make, the amount they are used, and the combination of the noise and pollution they cause is unique, as compared to other types of noisy, polluting equipment. In equal protection analysis, the U.S. Supreme Court will assume that the objectives articulated by the City Council are the actual purposes of the ordinance unless an examination of the circumstances forces it to conclude that they "could not have been a goal of the legislation." See Weinbercler v. Wiesenfeld, 420 U.S. 636, 648, n. 16. (Minnesota v. Clover Leaf Creamery Company, supra 449 U.S. at 463.) Such findings would probably sustain the ordinance under a rational basis standard of review. Although parties challenging legislation under the Equal Protection Clause may introduce evidence supporting their claim that it is irrational, United States v. Carolene Products Co., 304 U.S. 144, 153-154 (1938), they cannot prevail so long as "it is evident from all the considerations presented to [the legislature], and those of which the we may take judicial notice, that the question is at least debatable." (Id., at 154.) Where there was evidence before the legislature reasonably supporting the classification, litigants may not procure invalidation of the legislation merely by tendering evidence in court that the legislature was mistaken. Finally, the ordinance cannot discriminate against or impose undue burdens on interstate commerce. Leaf blowers are manufactured and sold across state lines and, for that reason, would be considered part of interstate commerce. When legislating in areas of legitimate local concern, such as environmental protection and resource conservation, States are nonetheless limited by the Commerce Clause. (Minnesota v. Clover Leaf Creamery Company, supra 449 U.S. at 471.) If a state law purporting to promote environmental purposes is in reality "simple economic protectionism," the United States Supreme Court has applied a "virtually per se rule of invalidity." I(Ld.., quoting Philadelphia v. New Jersey, 437 U.S. 617, 624.) Even if a statute regulates "evenhandedly," and imposes only "incidental" burdens on interstate commerce, the courts must nevertheless strike it down if "the burden imposed on such commerce is clearly excessive in relation to the putative local benefits." ( Id., quoting Pike v. Bruce Church, Inc., 397 U.S. 137, 142 (1970).) Moreover, "the extent of the burden that will be tolerated will of course depend on the nature of the local interest involved, and on whether it could be promoted as well with a lesser impact on interstate activities." (id.) A court may find that a state law constitutes "economic protectionism" on proof either of discriminatory effect, see Philadelphia v. New Jersey, or of discriminatory purpose, see Hunt v. Washin,qton Apple Advertisin,q Comm'n, 432 U.S., at 352-353. A City ordinance banning leaf blowers does not effect "simple Page 4 Memorandum to Mayor and Councilmembers Subject: Leaf blower ban Date: December 14, 2000 protectionism," but "regulates evenhandedly" by prohibiting all leaf blowers, regardless of where manufactured or purchased. Such an ordinance is therefore unlike statutes discriminating against interstate commerce, which the United States Supreme Court has consistently struck down. (Id. and cases cited.) Moreover, the burden on interstate commerce is relatively slight. The ordinance would not prohibit the sale of leaf blowers in the City and the portion of the leaf blower market located in City limits is so slight as to have very little impact on interstate commerce. For all of these reasons, in my opinion a ban on leaf blowers in the City probably would not violate the Commerce Clause (Art. I, Section 8 of the United States Constitution.) ITEM NO. 8e DATE: December 20, 2000 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION AND POSSIBLE DIRECTION TO STAFF REGARDING REGULATING THE USE OF LEAF BLOWERS IN THE CITY LIMITS Vice-Mayor Baldwin has requested a discussion of the use of leaf blowers within the City limits be agendized for Council consideration and direction to Staff. As the first step in this process, I requested an analysis from the City Attorney as to the legal implications of regulating leaf blowers, which is attached for your review. The City Attorney has opined that the City does have authority to regulate the use of leaf blowers in the City limits. Under the analysis there are various factors that should be carefully considered by the Council. Vice-Mayor Baldwin has included a letter and back-up materials in the packet for Council's review. Upon discussion of this issue, Council may wish to direct Staff to return with additional information such as receiving feed back and comments from local landscapers and contacting other cities for copies of their regulations and information on the effect such restrictions on leaf blowers have had in their communities. RECOMMENDED ACTION' Review and discuss information on the use of leaf blowers, and determine if there is direction for Staff. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Citizen Advised' N/A Requested by: Vice-Mayor Baldwin Prepared by: Candace Horsley, City Manager Attachments: 1. Letter and back-up materials from Vice-Mayor Baldwin 2. Analysis as to the legal implications of regulating leaf blowers APPROVED:Cand~ce~ Hoi'sley, ~ity~Manager 4/Can.ASRBIowers December 15, 2000 Fellow Councilmembers: I submit for your consideration a City of Ukiah ban on leaf blowers. If you read the data, I hope you will conclude that noise is a dangerous pollutant that discourages community and neighborliness as it wreaks havoc on our souls, nervous systems and physical well being. With forthright action on this issue we can strike a blow against rampant libertarianism in favor of courtesy, quiet, and respect for our neighbors. The leaf blower is harmful as well as unproductive and is evidence that certain marketers do not care about our health, the health of our community, or the health of landscaping laborers. As many have noted, this "machine from hell" saves little, if any, time over the trusty rake and broom. Yet it creates a racket hundreds of feet from each site for hours, grossly emits air polluting exhaust, and creates clouds of dust containing animal feces, allergens, pesticides, arsenic, lead, mercury, and other carcinogens which settles in neighbors' gardens, rooms, and lungs. In an increasingly hectic and discourteous society, this machine increases stress, cardiovascular and gastrointestinal problems as it depresses immunity and interrupts sleep and peaceful relaxation. The argument that a ban on a supposedly labor saving device will cause a loss of gardener jobs challenges logic. There is no evidence from communities with bans in effect that those who can afford to hire a regular landscape maintenance company cut back on such service. Leaf blower bans, in reality, protect the health of these employees. Ukiah has an opportunity to take a significant stand for tranquility, a vital ingredient in a community's quality of life. Let's join the growing number of California cities with leaf blower bans already in effect, including Los Angeles, Menlo Park, San Diego, Lawndale, Mill Valley, Berkeley, West Hollywood, Carmel, Indian Wells, and Santa Barbara. Thank you for your consideration. I hope you will have time to review the attached supportive evidence. Phil Baldwin D~C-~0-~000 11:3~ ?0?4634245 andz.cap¢ ?0?4634245 P.02/14 825 North State Street [rkiah, CA 95482 Cal. Cont. Lic. No. 434581 (707) 468~021 FAX 12/201~0 To: DEC 2 0 ;';;;~0 CITY OF UKIAH CITY CLERK'S DEPARTMENT · . ~embers; Smith ,Baldwin, Libby, Larson and Mayor Ashiku cc: City Manager Topic: December 20 discussion of leaf blowers total of 13 pages. From: Richard Shoemaker pager 323-6947 Design, Installation and Maintenance of Residential, Commerc/a/and Rural Landscapes and Irrigation Systems ............. ,, ~EC-20-2000 11~35 7074~342~5 7074~34245 P.03×~4 The California Landscape Contractors Association acknowledges and understands that public opposition to the use of gasoline-powered leaf blowers is based upon concerns about sound, dust, and. air emissions, However, an outright ban of this valuable equipment would be the severest of all possible remedies and one that would eliminate its many benefits. A ban should be a last resort and enacted only after exhausting all other alternatives. mtp:tt www.~;i~.uz'gtgov_uiuw~rs.mzm It is CLCA's position that many such alternatives currently exisC They would aHevlate the public's concerns about gasoline-powered leaf blowers without depriving the landscape maintenance contractor of this extremely efficient and safe tool. we wish to help find a solution to this issue that is fair and' equitable to both the public and the leaf blower user. Therefore, we respectfully offer the following information for consideration. CLCA opposes across-the-board bans on gasoline-powered leaf blowers, such as tho Los Angles ordinance that prohibits their use within 500 feet of a residence. CLCA believes these bans are unnecessary, bad public policy, and extremely harmful to the landscape industry. Leaf blowers are essential for landscape maintenance professionals. This is because these machines are very efficient tools for cleaning up leaves and other small debris from landscape sites. Since their development in the 1970s, leaf blowers to a large extent have supplanted brooms, hoses, and rakes, Leal'blowers even perform functions that no other tool can handle effectively, such a~ cleaning are, as eowred by rock, gravd, bark, or mulch -- with minimal disturbance. Leaf'blowers save enormous amounts of time. Most landscape industry estimates suggest that it takes at least five times as long to clean a typical landscape site with a broom · DEC-20-2000 11:39 7074B34245 ?0?4634245 P,04/14 and rake than it does with a power leaf blower. A similar estimate was provided in 1994 by the City of San Luis Obispo for its parks and public buildings; the city's maintenance supervisors estimated that their crews would take 50 hours to do work that took 10 hours with leaf blowers, and that much of the work would require the use of water. Some estimates substantially exceed the five times one rule-of-thumb: in a 1992 labor efficiency comparison report, the City of Whittier concluded that a job that took 2.25 labor hours with a backpack leaf blower took 76 labor hours with a hose and 282 with a broom! The bottom line is that without leaf blowers, public agencies and private owners would have to spend more time on outdoor work or accept a lower level of upkeep. Time is money. CLCA members servicing landscape maintenance accounts estimate that their costs would increase an average of 20.7 percent if they had to perform the same functions without the leaf blower. This estimate comes from a survey that CLCA sent its members in late 1998. CLCA believes many clients can't afford or are not willing to pay for the additional costs of performing landscape maintenance without the leaf blower. In fact, CLCA members servicing landscape maintenance accounts believe they could pass along less than a third (31.6 percent) of their increased costs throush increased landscape maintenance fees. This information also comes from CLCAis 1998 membership survey. would flaunt a leaf blower ban if given the chance, and mtp.ll w ww.~lca.orff/gov_olowers.num Most clients would do one of the following in the ease of a ban: (1) expect their landscape maintenance firm to provide the same standard of care as before without paying more money for the service, (2) allow their landscapes to deteriorate, (3) do the work themselves, or (4) flaunt the law by using leaf blowers or hiring gardeners willing to do so. The last option is a possibility because leaf blower bans have been difficult to enforce i~ municipalities that have'passed an ordinance to date. That option would adversely affect our members because we play by the rules by the very nature of the way our businesses are organized. CLCA members are all state-licensed contractors. We have a license bond on file with the Contractors State License Board, and we pay workers' compensation as well as liability insurance. We deduct federal and state income taxes from payrolls. Many of our members offer health insurance for employees and their families. Unfortunately, we compete against a vast underground economy of unlicensed operators that does not play by the rules. We believe these unlicensed operators I ,Z.I Z,g/MM mtp:/t ww w.~lca, org~ gev_mo wers.num consequently they would be able to underbid our members for landscape maintenance contracts. Legitimate landscape contractors could go out of business and their employees would lose good paying jobs. Most landscape maintenane~ clients are not rich, They are more likely to be middle income homeowners. Also, many are elderly and some ate disabled. To ask these homeowners to pay more or do the work themselves is unrealistic and unfair. The leaf blower is an alternative to hosing down walks and driveways with water. Using water in this manner is unreasonable in drought-prone California. The reality is that people will always take the next easiest course of action when one course of action is closed to them. Hosing down walkways and driveways is much easier, quicker, and more efficient than broom cleaning those surfaces. Leaf blowers ate no louder than many other types of power equipment. Some of the newer model leal'blowers are actually more quiet than many other types of lawn and garden power equipment. High decibel sound exposure can be severely damaging to hearing. The U.S. Department of Labor Occupational Safety & Health Administration (OSHA) requires a heating protection program for employees when sound exposures equal or exceed an eight-hour, time-weighted average sound level of 85 decibels. CLCA members typically require their employees to use hearing protection whenever power equipment is used. Although OSHAis regulation should not be taken to imply that lower decibels arc always safe, compare it with the sound from the more advanced leaf blowers. Most of the newer machines are rated at, or less than, 70 decibels at 50 feet at fi~H throttle. And, unlike landscape maintenance personnel, who need heating protection because of their long hours of exposure to sound coming from a machine a few feet away from their ears, residents and homeowners are exposed to leaf blower sound for only a few minutes a week at much greater distances. CLCA acknowledges that leaf blowers can be a nuisance. However, we believe the culprits are old technology and improper usc, Both problems can bc remedied by means other than indiscriminate bans. CLCA strongly encourages leaf blower manufacturers to place a high priority on sound reduction improvements. However, credit should go where credit is due. Today's leaf blowers are significantly more quiet than their predecessors I ,"-I/..~/ti',./ ~EC-20-2000 11:40 7074~34245 7074~342~5 P,0~×14 firth://W WW. git;ti. OI'~/~0 ¥_010 W~I ~I, Htllll of 10 years ago. Manufacturers have steadily reduced sound levels in response to customer need. As oflanuary 1999 at least two manufacturers had introduced revolutionary leaf blowers that generate a mere 62 dBa at full throttle at fury feet from the source -- without sacrificing performance. Manufacturers can be expected to make future sound reduction improvements, if given the chance. CLCA believes that landscape maintenance professionals and homeowners should be informed about the sound levels of leaf blower equipment before purchase. We believe that most buyers, if properly informed, would opt for the most quiet equipment, all other factors being equal. Unfortunately, some manufacturers do not disclose th~$ information. CLCA, therefore, would support a state mandate that required all manufacturers to test the sound levels of their gas-powered leal'blower models according to the provisions of the American National Standards Institute (ANSI) B 175.2 Standard for Hand-Held and Backpack Oasohne-Engine- Powered Blowers. We also would support a state law that required all equipment and packaging to be clearly and durably marked with the decibel rating. Although CLCA prefers other methods of dealing with leaf blower sound, our association does not oppose efforts to prohibit outmoded equipment -- as long as the standards are not unreasonable in light of the existing technology on the market. We suggest that efforts to prohibit outmoded equipment be accompanied by bu~-back programs that permanently remove the equipment from service. At a minimum, bans on outmoded equipment should go into eft'Oct at least one year after a decision is made. This would give users crucial lead time to phase out their equipment. CLCA believes the vast majority of commercial operators use their leaf blowers responsibly. Nevertheless, we acknowledge that improper use is a problem. It is caused chiefly by lack of knowledge, but, regrettably, it is sometimes a result of lack of courtesy for others. Cities, municipalities, and the CLCA should partner together to educate the public as well as the landscape industry about proper use of leaf blower equipment. Educational prego, ms should inolude the following information'. o Generally speaking, leal'blowers should be run at half throttle most of the time. Low throttle speeds not only signifi~tly reduce sound, but they also' provide the operator with maximum control. Full throttle is seldom neces~. · DEC-20-2000 ~1:~0 7074~342~ 7074~3424~ P,07×~4 Leaf blowers should not be used in residential areas at unreasonable hours -- early in the morning or late at night when people are likely to be disturbed. o Debris should never be blown omo adjacent property., the street, vehicles, people, or pets. Crews should operate only one leaf blower at a time on small residential sites. o Rakes or brooms should .be used to loosen heavier debris. o The full nozzle extension should be used so the air stream can work dose to the ground. The muffler, air intakes, and air filters should be routinely checked to make sure they are working properly. o Leaf blowers should not be used to move large debris piles from one spot to another. o If conditions are very dry, mister attachments should be used. They suppress dust, CLCA believes that informed citizens and landscape maintenance workers are likely to be more considerate. For the few bad apples who may lack common courtesy even with increased knowledge, city ordinances to require proper use under penalty of a steep fine may be necessary. CLCA does not oppose ordinances that mandate common sense rules of leaf blower courtesy. Nor would CLCA oppose an ordinance requiring a governor attachment to leal'blowers that limited their throttle speed in order to meet local dba requirements, Such an ordinance would address the sound problem from outmoded equipment without going so far as to remove that equipment from the market. On the negative side, however, this solution would prevent users from switching to a higher throttle speed on the few occasions when it may be appropriate to do so, such as when they are doing their work at a substantial distance away from other people. need for an extension cord that must be continually plugged m~p;//www.cica, org/gov_otowea, s.umu Electric-powered leaf blowers are not an acceplable substitute for gas-powered machines. Most landscape maintenance professionals estimate that electric leaf blowers reduce efficiency by $0 percent. They tend to be less · powerful than gas leaf blowers, and they are limited by the · DEC-20-2000 ~:4~ 7074~342~5 7074~34245 in and unplugged. In addition, they can be hazardous to operators. Swimming pools, spas, garden ponds, and moisture from landscape irrigation make for a potential electric shock problem. Finally, the heavier duty electric leaf blowers, which are comparable in power to gas leaf blowers, do not reduce sound that significantly. Plus, the electric leaf blower's sound is compounded by the noise produced by a generator if electrical outlets arcn~t available. According to the results ora survey sent to CLCA members in late 1998, more landscape coatractors would resort to brooms and rakes than electric leaf blowers if they were prevented from using gas-powered equipment. As manufacturers have steadily lowered the decibel levels of leal'blowers in recent years, criticism of the machines has to some extent shined away from sound and towards dust and air emissions concerns. As far as dust is concerned, it should be pointed out that brooms create dust too. So does the wind for that matter. Properly used leaf blowers do not raise inordinate amounts of dust. Rule 403 of the South Coast Air Quality Management District states that "a person shall not cause or allow the emissions of fugitive dust from any active operation, open storage pile, or disturbed surface area such that the presence of such dust remains visible in the atmosphere beyond the property line of the emission source." Blower users can and should follow this rule, · The air emissions issue is a spurious issue when applied to local leaf blower regulations, In 1995 the California Air Resources Board (CARB) put in place Tier I Standards that by 1998 had reduced air emissions from two-stroke engines by 30 to 70 percent. CARB Tier II Standards, which go into place on January 1, 2000, will em emissions from handheld equipment by 74 percent by 2010. The Tier II Standards are stringent - so stringent that many manufactures initially asserted they would be unable to meet them. Air pollution issues are being addressed, and should be addressed, by CARB, the federal Environmental Protection Agency (EPA), and the regional air quality districts - not individual cities and counties. Moreover, the frequently used criticism that leaf blowers produce emissions greater than automobiles should be placed in proper perspective. Actual emissions from leaf blowers are few because of the equipment's intermittent use. For example, one year of volatile organic compound (VOC) emissions from automobiles compares to 21 years of emissions from portable lawn and garden products. Portable lawn and garden equipment contributes only 0,g percent o£all U.S. VOC emissions, 0,6 percent of carbon monoxide emissions, and no nitrogen oxide emissions, nttp:/IWWW.g:ll~a, ol'W~ov O~OWCr~,m~m (This comparison comes from an analysis of EPA emissions 'DEC-20-2000 ~:4~ 707~G34245 7074G34245 inventory data prepared for the Portable Power Equipment Manufacturers Association by Heiden & Associates of Washington, DC,) CLCA members are always willing to work ¢on~truc'tively with city, coumy, and state public officials to develop win- win solutions to this increasingly' prominent issue. [_CLCA Pro~._~_] L.Ma___~__.~age] zlLtp://www.tclt;~, or~,/gOV_OlO We4'.~. llm~ SENATE RULES COMMITTEE O~fice of Senate Floor Analyses 1020 N Street, Suite 524 (916) 445-6614 Fax~ (916) 327-4478 SB 14 UNFINISHED BUSINESS Bill No: SB 14 Author~ Polanco (D) Amended: 7/6/98 Vote: 21 ALL PRIOR VOTEs NOT RELEVANT ASSEMBLY FLOOR : 41~25, 8/25/98 SUBJECT Leaf blower:: noise limits SOURCE : Author ~S_T... : This bill per,its a city, county, or city and county to establish regulations pertaining to the noise and manner o£ use of leafblowers. Assembly aln_..gD..dments delete all provisions relating to juries and jury credits and insert language pertaining to lea~ blowers and change the author. As it left the Senate, this bill stated the intent of the Legislature to enact jury re,or, as in conformity with the Budget Act of 1997, and was authored by Senator Calderon. ANA/~S_~$ .... : The police power is the inherent authority of sovereign goverr~nent$ to govern people and things, subject to constitutional rights and procedures. The California Conmtitution delegates the police power to cities and counties to "make and enforce ... ordinances wi=bin its limits all local, police, sanitary, and other ordinance~ and regulations not in con~l~c= with general laws" (Article XI, Sec 7). Charter cities and counties have the additional constitutional power ~o control their "municipal affairs." ltl, l,J),llWWW,l~llllt, J,git,gO¥1pl, tOlY I-YOIl,JllllJ~'lllJJ.,.ItjlJ 1/4 gl~_..l~/OVO,.~g_...! .,~ lt/V/.._~ll._BUOI',Ili, III -DEC-20-2000 11:41 ?0?4634245 ?0?4634245 P.11/14 On several occasions, the state has preempted local ordinances to establish , statewide standards~ shopping cart retrieval, alcoholic beverage control, rent control, the regulation of public utilities, and smoking in Dublic places. Gardeners use leaf blowers to clear debris from lawns, sidewalks, and other areas. Gasoline powered leaf blowers, which can be noisy and cause air pollution, annoy people. There are at least 45 cities that have some type of regulations aimed directly at gas powered leaf blowers, of which 18 cities have adopted bans. There are other cities that have general noise regulations that also apply to leaf blowers. Eighteen city councilm which have adopted restrictive regulations or outright bans are~ The Cities of Belvedere, Berkeley, Beverly Hills, Carmel, Claremont, Del Mar, Hermosa, Indian Wells, Lawndale, Laguna Beach, Los Altos, Los Angeles, Malibu, Menlo Park, Mill Valley, ?iec~nont, Santa Monies, and West Hollywood. Since 1975, these municipal ordinances have limited noise, continuous use, and hours of operation. The City of Santa Barbara approved an initiative ordinance banning the use of gasoline powered leaf blowers in November, 1997. Arguing tha= local ordinances are inconsistent and lack uniform standards, the Author wants the L=gislature to subject leaf blower noise to statewide standards by 2000. The Author also wants to invalidate local ordinances restricting daytime use to protect gardeners who cannot afford to upgrade their equipment or linLit their working hours, This bill: 1.Authorizes cities and counties to establish noise limitations on leaf blowers consistent with a noise level standard that is greater than 65 dBA, m~asured at a distance of 50 feet in accordance with testing protocol established by a particular standard of the American National Standard Institute. 2.Provides that a noise level standard of 65 dBA or lower may be established if the governing body of th= local jurisdiction determines, based upon testing by an independent testing laboratory, that more than one manufacturer markets and sells leaf blowers in the state meeting the proposed lower noise level standard. 3.Prohibits cities and counties from prohibiting the use of leaf blowers meeting the established noise level standard', except between 6 p.m. and 8 a.m. on weekdays, and between 5 p.m. and 9 a.m. on weekends. 4.Authorizes cities and counties to regulate the manner of u~e of leaf blowers, as specified, and requires leaf blowers used for commercial purposes in the local '~EC-20-2000 ~:42 707~342~5 7074~3~245 P.~2×14 jurisdiction on and after January 1, 2000, be tested and certified by an independent testing facility. 5.Provides that certain duly adopted local initiative measures, containing more stringent requirements on the hourm or manner of ume of leaf blow=rs than aae contained in this bill, would supersede this bill's provisions in those local jurisdictions. 6.States legislative intent and provides legislative findings and declarations with respect to the bill's provisions. Similar legislatioB_ A similar bill, SB 1651 (Polanco), required Department o5 Consu/~er Affairs to establish a program for certification of leaf blowers, charge a fee to cover costs of the program, specified that cities and counties may not prohibit use o~ lea~ blowers during specified hours, and specified that local o=dinances enacted by cities and counties approved by the voters which restrict the use oX leaf blowers superseded provisions of the bill. SB 1651 failed passage in Senate Appropriations Co~ittee. FISCAL EFF~_ : Appropriation: No Local: No Fiscal Com.: No SUPPORT : (verified 8/30/98) California Landscape Contractors Association (CLCA) Lawn and Garden Equipmunt Dealers Coalition OPPOSITION : (Verified 8/30/98) City of Los Angeles Coalition to Ban Leafblowers ARGUMENTS IN SUPPORT : The California Landscape Contractors Association (CLCA), which represents more than 2,500 licensed land~cape contractors, states that ~any of its members use leaf blowers and other portable power equipment in connection with commercial and residential landscape construction and maintenance services. CLCA recognizes and appreciates public concern~ about noise and air emissions from these devices, but believes that outlawing the use of them is not the answer. They contend that bans deprive their industry of a safe and essential tool, and discourage the development of new, cleaner and quieter technologie~ that will significantly reduce air and noise pollution problems as~ocia=ed with these products. CLCA states that this bill offers a positive alternaEive to '~EC-20-2000 ~&:42 7074G3~24S 7074G34245 across-thc-board bans by providing that cities and counties may regulate noise levels for leaf blowers only if they are louder =hen 65 dBA measured at 50 feet ~- currently the most technological and economical noise level available. Leaf blowers meeting this noise standard could not be banned if used during specified daylight hours. CLCA asserts that local control will still apply, in that this ball does not preempt local governments fmom regulating nighttime use of leaf blowers or their manner of use, such as improper disposal of debris on sidewalks or adjoining property. Finally, CLCA believes leaf blowers are an essential landscaping tool that cannot be replaced in commercial use by brooms, rakes, or water hoses, and that this bill will address con~nunity concerns about excessive noise while :till encouraging manufacturers to develop quieter and cleaner lawn and garden power equipment. ARGUMENTS IN OPPOSITION : The City of Los Angeles states that passage of this bill would cause the city's own leaf blower ordinance to be nulli~ied, thereby eliminating the benefits that city's ordinance has already achieved in protecting and enhancing the quality of life for all of their residents. (That city presently bans only gas-powered leaf blowers within 500 feet of a residence). They contend that this bill takes away the tool they currently have (their ordinance), but does not give them enough in return to adequately respond to legitimate community concerns about the noise levels and air pollution caused by leaf blowers. They state that the authority to restrict hours of use as specified by %his bill is insufficient. Finally, the city finds it unreasonable to expect them to place an initiative on the ballot to allow the ban to continue. ASSEMbLy FLOOR AYES: Alby, A~hburn, Baca, Baldwin, Battin, Baugh, Bustamante, Cardenas, Cardoza, Cedillo, Cunneen, Ducheny, Escutia, Figueroa, Floyd, Frusetta, Gatlegos, Granlund, Havice, Honda, Kalooglan, Leach, Leonard, Margett, McClintock, Morrow, Napolitano, 01berg, Oller, Pacheco, Papan, Pooch±gian, Pringle, Runner, Thompson, Torlakson, Vincent, Washington, Woods, Wright, Villaraigosa NOES: Ackerman, Aguiar, Alqui~, Aroner, Bordonaro, Bowen, Bowler, Brown, Firestone, Goldsmith, House, Keeley, Knox, Kuehl, Kuykendall, Lempert, Mazzoni, Migden, Miller, Prenter, Scott, Strom-Martin, Sweeney, Thomson, Wayne NOT VOTING: Brewer, Campbell, Davis, Hertzberg, Machado, Martinez, Morrissey, Murray, Ortiz, Pera.=a, Richter, Shelley, Takasugi, Wildman LB:si 8/30/98 Senate Floor Analyses SUPPORT/OPPOSITION: NONE RECEIVED **** END **** , DEC-20-2000 11:42 ?0?4634245 ?0?4634245 TOTAL P.14 December 19, 2000 TO: Honorable Mayor and Councilmembers FROM: Fred Schneiter I was very disappointed to read that the Council is going to engage in such an unproductive discussion as regulating leaf blowers. I am sure you recognize the many downsides to such an action, decrease in productivity by maintenance workers, both City and private, extra burden on the frail and elderly, and loss of revenue to those engaged in the maintenance business. I would hope that the Council keep the discussion to a minimum, table the item, and move on to more productive work, such as finding a way to repair the hydroelectric plant and putting it into production, generating power, rather than buying it, in these times of crisis in the electric industry. Thank you for your consideration. , , DEC 20 CITY OF UKIAH CITY CLERK'S DEPARTMENT 'v/cc:City Manager December 19, 2000 TO: Honorable Mayor and Councilmembers FROM: Fred Schneiter [J'~] DEC 19 2003 CITY OF UKIAH CITY CLERK'S DEPARTMENT I was very disappointed to read that the Ceuncil is going to engage in such an unproductive discussion as regulating leaf blowers. I am sure you recognize the many downsides to such an action, decrease in productivity by maintenance workers, both City and private, extra burden on the frail and elderly, and less of revenue to those engaged in the maintenance business. And, why stop at leaf blowers? Why not include the City's street sweeper (many times noisier than a leaf blower), chain saws, weed eaters, and gas powered lawn mowers? I would hope that the Council keep the discussion to a minimum, table the item, and move on to more productive work, such as finding a way to repair the hydroelectric plant and putting it into production, generating power, rather than buying it, in these times of crisis in the electric industry. Thank you for your consiCeration. cc: City Manager December 18, 2000 Mark Turula 15 Highland Drive Ukiah, Ca l CITY OF UKIAH _ CITY CLERK'S DEPARTMENT Ukiah City Council: I read in the Monday Ukiah Daily Journal the proposal by Phil Baldwin to ban leaf blowers in the city of Ukiah. I am a long time resident of the city and have never written until now, but I was astounded by the quotes. I hope the paper was grossly in error with their quotes in their story, but I doubt it. If it is true that noise levels and pollution levels are an issue, the council must look at sources that are greater than the one he has issue with. If noise is the issue, ban diesel pickups; they are noisy. They leave their owner's homes early, almost every week day morning and return in the evening. Leaf blowers are used but a few days per year (usually mid day when the leaves are dry and move easily). If periodic noise is the issue, we should shut down the airport. I live more than a mile from the airport, and am much more affected by airport noise than a leaf blower's use a few months per year. If noise is the issue, ban the annual fireworks display. It is costly, and loud. I live more than a mile away from them, and hear dogs howl in fear. I've never heard a dog upset by a leaf blower. If noise is the issue, we have a noise ordinance. Without a doubt power lawn mowers are used for more hours, months or any other measure one could choose to use than leaf blowers. They are also much more dangerous because they can sever toes, throw rocks from their blades etc. The action of their blades must also create the clouds of dust he is afraid of. If he really concerned about safety, banning all automobile traffic in the city limits makes more sense than banning leaf blowers. I am absolutely sure that statistics are available to show that more people and pets are injured, or even killed by motor vehicles at a much greater rate than leaf blowers. I am certainly affected more by neighborhood traffic more than leaf blowers, and I live in a beautiful, calm neighborhood. Cars in the city should also be a concern, since they use thousands of gallons more gasoline, and have the danger of collision. At the very least, we should ban motorcycles since they are noisier and more dangerous than cars and leaf blowers. I have never heard of a collision with a leaf blower. He is concerned about a leaf blower's ability to pollute with "pesticides, arsenic, lead, mercury, and other carcinogens which settles in neighbors' gardens, rooms and lungs". With that bold statement, I think it is reasonably necessary to cite respected scientific authority that these risks actually exist. I think one could make the argument that self service gasoline stations with their fire hazards and their known carcinogenic properties as defined by proposition 65 enacted several years ago expose people to far greater dangers than any thing leaf blowers could do. We should probably ban gas stations in the city before leaf blowers, because without a doubt they are much more dangerous by any measure. It would be certainly much more "neighborly" if everyone used a bicycle to get around, and pushed a wheel barrow to get our groceries home, and raked our leaves, if the council thinks that being neighborly is that important. It is certainly quieter and less polluting, but it is arrogant to require it. In summary, to be logical, the council should also consider banning motor vehicles and power lawn mowers before leaf blowers because they both have a greater impact in terms of danger and use. I think that it would be stupid to consider any of the above, and urge the council to reject the proposed ban of leaf blowers as a silly idea as proposed. Respectfully, Mark Turula ~r 18, 2000 ~ MENDOCINO COUNTY EMPLOYERS COUNCIL !597-B South Main Street · Ukiah, CA 95482 · Tel (707)462-5021 [~b, Fax (707) 462-0318 Mayor Ashiku & Council City Hall, City of Ukiah 300 Seminary Avenue .Ukiah CA 95482 Dear Mayor Ashiku & Council Members: Board of Directors Dick Seizer, Chairman Ric Piffero, Vice-Chairman Margie Handley Ron Holen Ross Liberty John Mayfield, Jr. Bob McCraley Barbara Reed Wendy Squires The Mendocino County Employers Council (M.C.E.C.) Board of Directors, at their regular meeting of December 15, 2000 discussed the upcoming vacancy on the City Planning Commission. A question was raised regarding the possibility of one Planning Commissioner being appointed from outside the City of Ukiah boundaries. Recognizing the City's interest in development of the Ukiah Valley and the fact that a City resident serves as a County Planning Commissioner, it appears that there may be value in having a City Planning Commissioner who resides outside the City but within the Ukiah Valley. As you know, many business owners and workers within the City of Ukiah reside outside the City boundaries in the Ukiah Valley. The concept of having a City Planning Commissioner who resides outside the City limits is not a new one. Many cities in California have such ordinances. We hope you will consider this recommendation as a step towards a better interchange between the City and the Ukiah Valley. Please contact us if you have any questions. Sincerely, A1 Beltrami Executive Director '~xecutive Director A1 Beltmmi Executive Secretary Phyllis Harrison ITEM NO. 8d DATE: December 20, 2000 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION AUTHORIZING APLICATION FOR AN ECONOMIC DEVELOPMENT PLANNING GRANT CONCERNING JOBS AND HOUSING Information concerning this item is not available at this time but will be forwarded to you prior to the meeting. RECOMMENDED ACTION: N/A. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: N/A Albert Fierro, Assistant City Manager Marie Ulvila, City Clerk Candace Horsley, City Manager APPROVED: Candace Horsley, City I~nager ASR: EcoDevPlanGrant Page 1 of 1 AGENDA ITEM NO.- sd DATE: December 20, 2000__ _ SUMMARY REPORT SUBJECi. ADOPTION OF RESOLUTION APPROVING APPLICATION FOR CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT GRANT TO Al'TACT NEW BUSINESSES AND NEW JOBS TO UKIAH. BAC~K~G. ROTUND The California Department of Housing and Community Development (HCD) has announced the availability of funding in the amount of $4.8 million under the Jobs-Housing Balance Improvement Program, for Economic Development Strategic Planning and/or business attraction/expansion efforts in "housing rich" communities. The purpose of this grant is to attract new businesses and new jobs to communities that lack a sufficient employment base in relation to the housing already being provided. In order to qualify for this program Ukiah must have adopted a housing element in conformance to HCD standards. In addition, the City must complete a formula analysis showing that we are a "housing rich' community. "Housing rich' means: That the city has fewer than 1.5 jobs per housing unit. Based upon analysis by Applied Development Economics, our grant consultant, the city has been found to qualify as a "Housing Rich Community.' ELIG!BL~E.ACTIVITIES This grant may be used for the development of an Economic Development Strategic Plan (EDSP) that will be used to assist in the expansion of existing businesses or the attraction of new commerce to Ukiah. The EDSP will be needed to create a "blue-print" for economic and business development for the City. This process will involve the hiring of an economic development consultant, the creation of an economic development team and the implementation of a marketing strategy for the City. This focused approach to business development will target enterprises that may choose to locate in Ukiah. MATCHINGFUND5 The City will be required to match grant funds at a 10% factor. Staff is recommending applying for a $100,000 grant; therefore, our payment match will be $10,000. RECOMMENDED ACTION: Adopt resolution approving application to the California Department of Housing and Community Development for jobs/housing balance improvement program. Citizen Advised: Requested by: N/A Prepared by: Coordinated with: Attachments: 1. ALTERNATIVE COUNCIL POLICY OPTIONS: Elect not to apply for ~lrant N/A Albert T. Fierro, Assistant City Manager Candace Horsley, City Manager Resolution for Adoption. APPROVED: L..(~[~'x~,'~~ Candace Horsley, CiJy Manager RESOLUTION NO A RESOLUTION OF THE CITY OF UKIAH CITY COUNCIL, APPROVING AN APPLICATION FOR FUNDING AND THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO FROM THE JOBS/HOUSING BALANCE IMPROVEMENT PROGRAM, ECONOMIC DEVELOPMENT PLANNING ALLOCATION. BE IT RESOLVED by the City Council of the City Of Ukiah as follows WHEREAS: The City Council has reviewed and hereby approves application for up to $100,000 in funds from the California Department of Housing and Community Development (HCD) program for the Jobs-Housing Balance Improvement Program for the purpose of preparing a comprehensive economic development strategy and its implementation; and WHEREAS: The City Council has a strong interest in developing a comprehensive Economic Development Plan for the City Of Ukiah, this plan will hopefully attract businesses to Ukiah and also assist in the expansion of existing commerce in the city; and WHEREAS: The City Council hereby approves the use of general fund monies in the amount of $10,000 to be used as the city's cash match for this project; and WHEREAS: The City Council formally authorizes the Cily Manager, or her delegate to manage this grant program on behalf of the cit7 in all ma.ers pertaining to this application; and WHEREAS: If the application is approved, the City Manager, or her delegate is hereby authorized to enter into and sign the grant agreement and any subsequent amendments with the State of California for the purposes of this grant. PASSED AND ADOPTED at a regular meeting of the City Council of the City Of Ukiah held on December 20, 2000 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Phillip Ashiku, Mayor A'I-I'EST: Marie Ulvila, City Clerk ITEM NO. 8e DATE: December 20, 2000 AGENDA SUMMARY REPORT SUBJECT: APPOINTMENT OF CITY COUNCIL MEMBERS TO VARIOUS COMMITTEE/ COMMISSION ASSIGNMENTS This matter has been continued from the December 6, 2000 Council meeting. With the recent election of Mayor and two Councilmembers, the City Council's committee/commission assignments are in need of review and new appointments considered. Attached for your review is a list of the committees/commissions with the present assignments as well as a blank form for recommendations. Further discussion on this matter will take place at the City Council meeting. RECOMMENDED ACTION' Review City Council Committee Assignment Listings and by Consensus or Motion, Make Appropriate Appointments. ALTERNATIVE COUNCIL POLICY OPTIONS: Determine that City Council appointments to various committees/commissions are not appropriate at this time and schedule this matter for a future meeting. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Mayor Phillip Ashiku Marie Ulvila, City Clerk Candace Horsley, City Manager and Phillip Ashiku, Mayor 1. Listing of Current Council Committee/Commission Assignments 2. Blank form of Council Committee/Commission Assignments 3. Description of each Committee/Commission function. AP P ROVE D: \_~-------/~:~,~-~ Candace Horsley, City~anager ASR:Council Committee Appointments August 18, 1999 COUNCIL COMMITTEE ASSIGNMENTS Chamber of Commerce Liaison City/County Leadership Group City Selection Committee City of Ukiah Disaster Council Council/County Supervisor Committee Courthouse Facilities Planning Committee County Overall Economic Development Investment Oversight Committee Local Agency Formation Commission (LAFCO) Main Street Board of Directors Mendocino Council of Governments (MCOG) Mendocino County Film Advisory Board (Non-Voting) Mendocino County Inland Water and Power Commission Mendocino Solid Waste Management Authority (MSWMA) Councilmember Libby Mayor Mastin City Manager Horsley Mayor Mastin (required) Mayor Mastin - Chair Councilmember Libby - First Vice Chair City Manager Horsley - Second Vice Chair Mayor Mastin Councilmember Ashiku Councilmember Ashiku City Manager Horsley Mayor Mastin Councilmember Smith Councilmember Ashiku Councilmember Smith Councilmember Libby AJternate : Councilmeraber Councilmember Libby Councilmember Baldwin Alternate: Mayor Mastin Mayor Mastin Mendocino Transit Authority (MTA) Board of Directors Mayor Mastin Northern California Power Agency (NCPA) Electric Utility Director Barnes Transmission Agency of Northern California (TANC) Alternate: CouncilmemberAshiku Recreation Center Group Councilmember Libby Russian River Watershed Community Council Councilmember Baldwin Alternate: CotmciI~ember Libby Skateboard Park Committee Councilmembers Mastin & Baldwin Solid Waste Committee Jim Mastin & Phillip Ashiku Sun House Guild ex officio liaison Ukiah Valley Sanitation District (UVSD) Councilmember Libby Councilmember Ashiku Alternate: Councilmember Baldwin Economic Development & Financing Corporation (EDFC) Commissioner Libby Finance Review Committee Chairman Mastin and Commissioner Ashiku Alternate: Commissioner Baldwin council\comas.wpd COUNCIL COMMITTEE ASSIGNMENTS Chamber of Commerce Liaison City/County Leadership Group City Selection Committee City of Ukiah Disaster Council Council/County Supervisor Committee Courthouse Facilities Planning Committee County Overall Economic Development Investment Oversight Committee Local Agency Formation Commission (LAFCO) Main Street Board of Directors Mendocino Council of Governments (MCOG) Mendocino County Film Advisory Board (Non-Voting) Mendocino County Inland Water and Power Commission Mendocino Solid Waste Management Authority (MSWMA) Mendocino Transit Authority (MTA) Board of Directors Northern California Power Agency (NCPA) Transmission Agency of Northern California (TANC) Recreation Center Group Russian River Watershed Community Council Skateboard Park Committee Solid Waste Committee Sun House Guild ex officio liaison Ukiah Valley Sanitation District (UVSD) Designate: Alternate Designate: Alternate Designate: Alternate Designate: Alternate Designate: Alternate Designate: Alternate Designate: Alternate Designate: Alternate Designate: Alternate Designate: Alternate Designate: Alternate Designate: Alternate Designate: Alternate Designate: Alternate Designate: Alternate Designate: Alternate Designate: Alternate Designate: Alternate Designate: Alternate Designate: Alternate Designate: Alternate Economic Development & Financing Corporation (EDFC) Finance Review Committee Alternate council\comas draft INFORMATION ON COUNCIL COMMITTEE ASSIGNMENTS COMMITTEE Chamber of Commerce Liaison City/County Leadership Group City Selection Committee City of Ukiah Disaster Council Council/County Supervisor Committee Courthouse Facilities Planning Committee MEETING DATE/TIME LOCATION 3ra Wednesday of month, 3:00 p.m. Varies 200 So. School St. Ukiah cities Investment Oversight Committee Local Agency Formation Commission (LAFCO) Main Street Program Board of Directors Mendocino Council of Governments (MCOG) Mendocino County Film Advisory Board (Non-Voting) Mendocino County Inland Water and Power Commission Mendocino County Overall Economic Development Called as required by Clerk of the Board Twice per year, varies Varies Varies Varies 1st Monday of month, afternoon 1st Thursday of month, 8:00 a.m. 1st Monday of month, afternoon 2na Thursday of month, 7:00 p.m., bi-monthly On hiatus between BOS Conference Room,501 Low Gap Road, Room 1090, Ukiah Civic Center, 300 Seminary Ave., Ukiah Varies Typically County Courthouse Civic Center, 300 Seminary Ave., Ukiah Civic Center, 300 Seminary Ave., Ukiah 200 So. School St., Ukiah Civic Center, 300 Seminary Ave., Ukiah 501 Low Gap Road, Conference Room A, Ukiah COMMI1 i EE FUNCTION To represent and set policy for Chamber and area businesses City managers from entire County and CAO meet to discuss common issues Makes appointments to LAFCO and Airport Land use Commission Review EOC and Emergency Plans Two Supervisors and two Councilmembers meet to discuss common issues Address facility needs of County Criminal Justice Facilities Reviews City investments, policies, and strategies Funded by County, required by legislation- planning & oversee Spheres of Influence, Annexation, service areas, and special districts Policy development for downtown economic development program Plan and fund infrastructure and transportation Develops water resources and protects current water rights, Potter Valley project- Eel River Diversion COMMITTEE Mendocino Solid Waste Management Authority (MSWMA) Mendocino Transit Authority (MTA) Board of Directors Northern California Power Agency (NCPA) Transmission Agency of Northern California (TANC) Recreation Center Group Russian River Watershed Community Council Skateboard Park Committee Solid Waste Committee Sun House Guild ex officio liaison Ukiah Valley Sanitation district (UVSD) MEETING DATE/TIME 3r(~ Wednesday of month, 9:00 a.m. 4m Thursday of month, afternoon 4th Thursday of month, 9:00 a.m.) Varies Varies As needed 3r(~ Wednesday of month, 10:00 am- noon 3r(~ Wednesday of month, 1:30 p.m. (called by Utility Director if there is business to conduct) LOCATION Rotates between Willits and Ukiah Alternating locations Roseville, CA Location varies Sonoma County Mimie Ambroise office, 216 W. Perkins, Ukiah Willits, location varies Sun House, 431 S. Main St., Ukiah County of Mendocino Board of Supervisors Conference Room, 501 Low Gap Road, Ukiah COMMITTEE FUNCTION Solid Waste JPA County-wide transportation issues and funding Pool of public utilities To develop cultural and recreational center in the valley Considers issues related to Russian River The development of a skateboard park within the City of Ukiah Review solid waste recommendations Support and expand Grace Hudson Museum Reviews and determines policy for sewer systems in City and District area Economic Development & Financing Corp. (EDFC) Finance Review Committee REDEVELOPMENT AGENCY 1st Wednesday of month, 2:00-4:00 p.m. Varies Location varies Civic Center, 300 Seminary Ave., Ukiah Federal funds - economic development, revolving loans Review UPA Economic Development Fund Expenditures COMMSN: Information on Council Committee Assignments Revised: 11128/00 ITEM NO. 8 f DATE: December 20, 2000 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION AND POSSIBLE CANCELLATION OF JANUARY 3, 2001 CITY COUNCIL MEETING The agenda preparation week for the January 3, 2001 City Council meeting will be only three and one half days with many Staff members being on vacation. After polling each of the Directors relative to any critical items of business for their Departments, it was determined there were no pending business items for the January 3 meeting. Therefore, Staff is requesting Council's approval to cancel this meeting. RECOMMENDED ACTION: Determine Cancellation Of January 3, 20001 City Council Meeting Is Appropriate And Adjourn This Evening's City Council Meeting To The Regular Meeting Of January 17, 2001. ALTERNATIVE COUNCIL POLICY OPTION' 1. Determine cancellation of January 3, 2001 meeting is not appropriate and take no action. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: NA City Manager Candace Horsley, City Manager Department Directors None Candace Horsley, City~l~anager mfh :asrcc00 1220MRGCAN