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HomeMy WebLinkAboutMin 10-06-93485 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - October 6, 1993 The City Council convened in a regular meeting, of which the agenda was legally noticed and posted, at 6:30 p.m., in the Council Chambers of the Civic Center, 300 Seminary Avenue. Roll was taken and the following Councilmembers were present: Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. Staff present: City Clerk McKay, City Manager Rough, Acting City Attorney Marston, Assistant City Manager Horsley, Redevelopment/Economic Coordinator DeKnoblough, Public Works Director/City Engineer Kennedy, Electric Utility Director Barnes, Community Development Director Harris, and Finance Director Burt. INVOCATION/PLEDGE OF ALLEGIANCE City Clerk McKay delivered the Invocation and Councilmember Wattenburger led the Pledge of Allegiance. Proclamations 4a. Declarinq October 1993 as National Domestic Violence Awareness Month Acting Mayor Shoemaker read and presented the Proclamation to Dottie Deerwester, Executive Director of Project Sanctuary, who provided statistics regarding violence perpetrated against women, issues surrounding domestic violence and the services and support provided by Project Sanctuary to the community. 4b. Declarinq October 15, 1993 as White Cane Safety Day Acting Mayor Shoemaker read the Proclamation and noted it will be sent to the National Federation of the Blind, California Regional Office. 5a. Introduction of New Employee - Rick Kennedy, Public Works Director/City Enqineer The City Manager introduced Rick Kennedy and provided Council with a brief biography. Council welcomed Mr. Kennedy on board. 6. Approval/Correction of Minutes of Reqular Meetinq of September 15, 1993 Councilmember Wattenburger commented the minutes regarding Item lla. pertaining to the proposed smoking ordinance are very condensed, but indicated it is acceptable. Acting Mayor Shoemaker requested the addition of comments to Page 4, 3rd paragragh, which delineate his position regarding preference for equitable business regulation both inside and outside the City of Ukiah, and that he favors adopting the county ordinance at this time but we should pursue Countywide implementation of total smoking restriction in all enclosed public places. M/S Wattenburger/Malone to approve the minutes of the Regular Council meeting of September 15, 1993, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, and Vice-Mayor Shoemaker. NOES: None. Absent: Mayor Schneiter. RIGHT TO APPEAL DECISION Acting Mayor Shoemaker reviewed Section 1094.6 of the California Code of Civil procedures regarding the appeal process. 486 CONSENT CALENDAR The City Manager requested Item $c. Award of Rebid for Asphalt Overlay on Various City Streets, Specification No. 93-13a, Openinq October 4, 1993 be pulled from the Consent Calendar and be placed as Unfinished Business Item 10c. Council concurred by general consensus. M/S Malone/Wattenburger to approve the Consent Calendar as follows; Sa. Denied the claims for damages of Kari Hartman, Nancy Biggins, Robert K1 ayman, and Nor Cal Wood Products, and referred them to the City ' s insurance carrier, R.E.M.I.F. Bb. Awarded contract to Smith Electric Construction in the amount of $55,555 for Construction of 8-Phase Traffic Signals at Talmage Road and Airport Park Boulevard, Spec. No. 93-01. Sd. Ratified staff action to purchase six portable buildings from Mendocino County Office of Education in the amount of $13,800. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, and Vice-Mayor Shoemaker. NOES: None. Absent: Mayor Schneiter. 9. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward. UNFINISHED BUSINESS 10a. Consideration of Ordinance Introduced on September 15, 1993, Pertaininq to the Requlation of Smokinq in Ail Enclosed Public Areas Acting Mayor Shoemaker reported Council has received a video a document called "Economic Impacts of Smoking," and letter a from business owner Rick Cleland. He explained Council's action last meeting was to introduce the Ordinance which is identical to the County Ordinance which prohibits smoking in enclosed public places but adds the additional wording to prohibit smoking in bars. He noted his previous and current opposition to this additional restriction as it goes too far, too fast. Acting Mayor Shoemaker explained to the audience his meeting procedures for taking public comment on this matter, and noted it is not a Public Hearing. Bill Randolph spoke against the Ordinance as it restricts the social life of adults and indicated smokers should be allowed the right to choose to smoke as a personal freedom. He urged Council to adopt alternative C. Isis Cole stated she is a substance abuse counselor for youth and favors protection of public health over business economic protections. She commented that drugs are illegal and inappropriate for exposure to children, and feels children should not be exposed to smoking in public. A1 Pierce stated he is a non-smoker. He noted only adults smoke and drink in bars. Jane Curtis, explained she lost her eyesight six years ago due to a severe asthma attack, and is severely affected by air pollution and smoke, and feels the public has the right to enter public places without cigarette smoke. Reg. Mtg. October 6, 1993 Page 2 487 Louis Cardwell, 209 Park Court, noted statistics are clear as to the harmful effects of second-hand smoke and cited personal family losses due to cigarettes. He urged Council to stay with the current introduced Ordinance. He indicated that drinking and smoking are both dangerous to the public and noted bar owners have the option of doing business outside the City. Linda Poya, 414 Park Boulevard, submitted a petition with 800 signatures against the smoking ban, in addition to a copy of the petition submitted to the County Board of Supervisors with 2000 signatures. She spoke regarding proposed State legislation AB 13 which exempts local bars and taverns and which will supersede local law. She warned that local bar owners could file lawsuits for reduced capacity to do business. Darryl Hansen spoke to the irony that local governments are becoming more dependent on taxes from alcohol and cigarette sales, yet are attempting to restrict their consumption. Bob Rogers, co-owner of the Sunset Bar and Grill, stated he would like the lines removed of smoking and no smoking sections as it is difficult to enforce and accommodate everyone. He urged Council to wait and see what happens at the State level and indicated he favors equality throughout the State. Dr. Jim Cruise stated he has been a doctor for over 21 years here in Ukiah and applauds Council action toward total smoking prohibition. He cited statistics regarding cigarette smoke carcinogens, volumes consumed, tobacco industry revenues and campaigns, and smokers will have to use common sense. He noted that drinkers will still continue to frequent the bars if there is no smoking allowed. Chuck Sittenert, bartender at the Sunset Bar and Grill, noted he is a non-smoker who does not mind the smoke in the bar but feels the restaurants should provide separate areas. He feels the bars should be allowed to have smokers as no children are allowed in them. Linda Nagel stated she does not want her right to healthy air taken away from her. She commented that employees also have the right to a healthy environment as it is very difficult to relocate to another job and worksite to protect their health. She urged Council to continue to protect the quality of life in our community. Gualalupe Chavez commented it is sad to see people more interested in self pleasure than in the consideration of others. He urged Council to approve either option A or B. Jane Piper, Mendocino County Tobacco Control Coalition, noted that government does have the right to protect the health and safety of the public, as demonstrated by seatbelt laws and motorcycle and bicycle helmet laws. She encouraged Council to adopt the ordinance identical to the County ordinance. She reported on the committee process used in the development of the County ordinance and urged the Council to work with the County in pursuing future gradual stages of legislation. Dr. Glenn Miller stated there is a need to protect children from the harmful effects of cigarette smoke and the peer pressure to conform to advertising. He noted the most addicting drug is nicotine and urged Council to pursue protection of non-smokers. Valerie Law, representative of Community Alliance for Youth, urged Council to support the County's Ordinance. Reg. Mtg. October 6, 1993 Page 3 488 Russell Char stated he has smoked for 42 years and noted he is still living. He questioned the constitutionality for the destruction of business with the proposed legislation. Anna Proctor, urged Council to adopt proposed Ordinance A or B to prohibit smoke in restaurants. Jennifer Barry, urged Council to protect citizens, including the next generation, from second hand cigarette smoke. Nancy Lee, stated that people have the right to choose and questioned how five people on the Council can have the right to tell businesses to not allow smoking. She noted the impacts of this legislation will be increased costs for medical nicotine patches, loss of productive work time causing more cost to employers, and increased cigarette butts on the streets and sidewalks. She indicated that alcohol and tobacco are legal and adults should continue their right to choose legal substances. Acting Mayor Shoemaker indicated the allowed time has elapsed and the meeting will now continue by Council. Discussion ensued regarding enforcement by the County Health Department, funding from the State, enforcement authority, and ordinance A wording regarding food and alcohol served. Councilmember Malone stated that although he is a proponent of business, he feels that businesses should be responsible for their public's health and safety, if not their employees too. He indicated that legislation is now necessary because businesses have not voluntarily created a safe atmosphere by creating No smoking areas. M/S Malone/Wattenburger to adopt the Ordinance previously introduced on September 15, 1993, amending Chapter 7 of Division 5 of the Ukiah City Code, regulating Smoking in Various Locations within the City of Ukiah (including Bars and Taverns). Acting Mayor Shoemaker urged Council to embrace the County position to create level legislation and pursue further restrictions by future stages. He indicated he would like Council to discuss this matter further before a vote is taken. Councilmember Malone indicated Ukiah has always been in the leadership forefront and we should continue in this capacity. The City Manager expressed concern for enforcement by the Public Health department if Ukiah adopts different legislation than the County. Councilmember Mastin expressed appreciation for the audience attendance. He indicated that although he previously supported the proposed Ordinance B, he defers to the recommendation from the County Health Department to pursue further restrictions, in stages, and indicated he now prefers the County ordinance. Councilmember Wattenburger noted there are only four bar and tavern establishments in Ukiah. He stated that Councilmembers are elected to protect the public, and as legislators, they have the right to do that. It is his personal conviction to protect the public at all times, and has always taken that stance publicly. He indicated he does not wish to hurt business and is willing to compromise, although it is against his personal beliefs. He indicated he will support adopting the County ordinance with the conviction to pursue complete elimination of smoking in public places. Councilmember Wattenburger withdrew his second to the motion of Councilmember Malone, on the floor. Reg. Mtg. October 6, 1993 Page 4 Acting Mayor Shoemaker asked for another second to the motion and there being none offered, declared the motion failed due to lack of a second. 489 M/S Wattenburger/Mastin to read by title only the proposed ordinance which parallel's the County ordinance. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, and Vice-Mayor Shoemaker. NOES: None. Absent: Mayor Schneiter. The City Clerk read the title only of the proposed Ordinance A. M/S Wattenburger/Mastin to introduce proposed Ordinance A, amending Chapter 7 of Division 5 of the Ukiah City Code, regulating smoking in various locations within the City of Ukiah. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, and Vice-Mayor Shoemaker. NOES: None. Absent: Mayor Schneiter. M/S Malone/Wattenburger directed staff and Council to pursue amending the County Ordinance. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, and Vice-Mayor Shoemaker. NOES: None. Absent: Mayor Schneiter. Recess - 8:00 p.m. Reconvened - 8:13 p.m. 10b. Consideration of Revised "Tree Protection and Enhancement Policy" The Community Development Director reported on the amendments to the tree protection and enhancement policy, as discussed by Council at the last meeting. Councilmember Shoemaker indicated that size and types of trees are important. Stephanie Hoppe, Planning Commissioner, reported the Planning Commission is looking for a document to present to customers early in the process that will provide guidance as to what the City desires in development and construction. She indicated this policy is consistent with the General Plan and the EDAW Street Tree Plan. Robert Reid, 1141 West Standley, Planning Commissioner, indicted this policy took eight months of Planning Commission work to develop a document to assist applicants to have answers for the Planning Commission prior to development. ' Chuck Williams, 3 Betty Street, expressed concern regarding the difference between indigenous and mature. He stated that Valley Oaks, while indigenous, are not necessarily the best, due to the danger of their limbs falling, and the costs of saving a 200 year old tree may not be reasonable. He noted the value of young trees should be also addressed. Discussion ensued regarding this issue being included in the Growth Management Steering Committee and General Plan Update, and adopting interim policy until more specifics are officially developed. ~cting Mayor Shoemaker stated that 30 feet for mature height Ks unacceptable and 60 to 80 feet for mature trees are better. Councilmember Malone indicated the loss of a parking space is worth saving a tree and suggested developing a trade-off policy for site development projects. Reg. Mtg. October 6, 1993 Page 5 49O The City Manager explained this policy will be amended and brought back to Council. 10c. Award of Rebid for Asphalt Overlay on Various City Streets, Specification No. 93-13a, Openinq October 4, 1993 The City Manager explained there were no bids submitted on this item. He noted although the project was advertised, staff apparently did notify contractors on the bidders list and requested Council to authorize to re-advertise the project for receipt of bids on October 18, 1993. M/S Wattenburger/Malone directed staff to re-advertise the project, and seek bidders for Asphalt Overlay, Specification 93-13a, with opening date of October 18, 1993. The motion was carried by a unanimous voice vote of all AYE. NEW BUSINESS lla. Authorization for City Manaqer to Neqotiate and Execute Consultant Contract for Community Development Block Grant (CDBG) Housinq Assessment Study and Preparation of Fundinq Applications The Community Development Director reported approximately one year ago the Community Development Commission (CDC) received a grant authorization from the State Housing and Community Development Housing Department for a planning study under the CDBG program for $25,000 with a 20% match from the local jurisdiction, which has been allocated in the annual Redevelopment Housing Setaside Program. He reported consultant resources are necessary for the study, and three firms responded to the City's RFP. He reported on the qualifications of the bidding consultants and the details of the housing needs study. He explained that Kiichli and Associates were not the lowest bid but have indicated a desire to negotiate a contract comparable to Laurin and Associates, with staff noting both firms are qualified. The City Manager explained this study will be very valuable to this community and other various organizations, including the City, regarding shelters for the homeless. He recommends Kiichli and Associates as they are qualified grant writers who are very knowledgeable of this community, and are willing to negotiate their fees. M/S Malone/Mastin to authorize the City Manager to renegotiate and execute a consultant contract for CDBG Housing Assessment Study and Preparation of Funding Applications with Kiichli and Associates. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, and Vice-Mayor Shoemaker. NOES: None. Absent: Mayor Schneiter. llb. Review of Proposed Leaque of California Cities Resolutions General discussion ensued between staff and Council regarding the proposed League of California Cities 42 resolutions and their recommendations. General direction was provided to Acting Mayor Shoemaker who is the appointed voting delegate for the City of Ukiah. llc. Authorize Chanqe of Time for Joint City Council/Ukiah Valley Sanitation District Joint Public Hearinq October 20, 1993 From 7:00 p.m. to 2:00 p.m. It was the consensus of Council to set the date and time of the joint Public Hearing with the Ukiah Valley Sanitation District for October 27, 1993, at 5:30 p.m., to be held at the Todd Grove Room at the Ukiah Municipal Clubhouse. lld. Adoption of Resolution Approvinq the Application to the California Inteqrated Waste Manaqement Board for Desiqnation as a Recyclinq Market Development Zon~ Reg. Mtg. October 6, 1993 Page 6 491 Acting Mayor Shoemaker reported that Mendocino Solid Waste Management Authority is applying to the California Integrated Waste Management Board for designation as a Recycling Market Development Zone, and this resolution will be submitted with the application. He explained the application is being jointly prepared by Mike Sweeney and Madeline Holtkamp, from the Ukiah Business Enterprise Center. M/S Malone/Mastin to adopt Resolution No. 94-17, approving application to the California Integrated Waste Management Board for designation as a Recycling Market Development Zone. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, and Vice-Mayor Shoemaker. NOES: None. Absent: Mayor Schneiter. CITY COUNCIL REPORTS Councilmember Mastin Reported on the Annual NCPA meeting he attended in September. Councilmember Malone Reported on the Chamber of Commerce mixer he attended at the Sun House. Complimented the new Ukiah Business brochure. Councilmember Wattenburqer Noted he will be attending the League of California Cities Conference in San Francisco and looks forward to the staff dinner, which he feels is very beneficial. Vice-Mayor Shoemaker Reported he attended the Smithsonian exhibits hosted by the Museum, requested all staff to attend the October 18 Redwood Empire Division breakfast at the Annual Conference in San Francisco, and questioned the trees being proposed for Wal-Mart. CITY MANAGER/DEPARTMENT HEAD REPORTS The City Manager reported the 1994 Summer Concert Series has received full funding by donations. CLOSED SESSION None. ADJOURNMENT There being no further at 10:00 p.m. CCMIN. 144 businessf/ '~'~ the. meeting~as adjourned Ca~-hy M~ y AAE/CMC, ~ City Clerk Reg. Mtg. October 6, 1993 Page 7