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1994-10-19 Packet
CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 October 19, 1994 6:30 p.m. 1. Roll Call 2. Invocation/Pledge of Allegiance 3. Special Order of Business a. Commendation to Shirley Grover 4. Approval/Correction of Minutes Regular Meeting of October 5, 1994 5. RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. 6. CONSENT CALENDAR . The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Receive and Approve Report Regarding September 1994 Disbursements b. Approve Demolition Permit for Rear Portion of 263 N. State Street - Dorothy Cox c. Approve Demolition Permit for Three Units Located at 273 E. Clay Street - Beverly Balletto AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments. 8. PUBLIC HEARING - 7:00 p.m. a. Consideration of Resolution Adjusting Rates for Garbage and Recycling Collection Service 9. UNFINISHED BUSINESS a. Set Date and Time for Interviews of City Treasurer Applicants 10. NEW BUSINESS a. Review of League of California Cities Proposed Resolutions for October 23-26, 1994 Annual Conference b. Consideration of MCOG Joint Powers Agreement Amendment 11. CITY COUNCIL/REPORTS 12. CITY MANAGER/DEPARTMENT HEAD REPORTS 13. CLOSED SESSION - NONE 14. ADJOURNMENT (To Solid Waste Workshop November 1, 1994, 5:00 p.m.) The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Commendation This City of Ukiah Commendation is presented on this 19th day of October, 1994, to: In appreciation for over 35 years of dedicated service to the City of Ukiah and its citizens. Since joining the City as a Clerk Typist on August 1, 1959, you have proven to be a '~ital link" in the operation of the Police Department. Your demeanor throughout your workday has been a credit to both yourse{f and your Department. Your dedication and exemplary performance brought you up through the ranks as you became a Senior Steno Clerk in 1964, Secretary in 1969, Supervising Secretary in 1981, and then Public Sqfety Office Supervisor in 1993. Your knowledge and contributions have been invaluable to each of the four Police Chiefs with whom you've served: George Smith; Donn Saulsbury; David Johnson; and Fred Keplinger. Not only are you to be commended for being an outstanding and dedicated public service employee during the course of your working day, but we would be remiss ~f we did not also thank you for your service to this community "qfter hours';' including, but not limited to: v Being a member of the local Soroptimist Club for over 18 years. One of the most notable achievements has been your involvement in the Christmas FiO~ort, of whlch you served as the local Chairman for the last ten years, and regional officer for four of those years. Assisting the American Heart Association in their efforts Delivering Meals on Wheels for the holidays Transporting local senior citizens to doctor's appointments Serving on the Board of Directors of the City of Ukiah Employee's Credit Union, with two terms as Chairman. These are just a few of the activities which characterize you, Shirley, as the type of individual this City is very proud to have as an employee, and you are to be wholeheartedly commended for your extraordinary efforts towards our community.. NOW, THEREFORE, I, Fred Schneiter, Mayor of the City of Ukiah, on beha[f of my fellow City Councilmembers, Richard Shoemaker, James Wattenburger, Sheridan Malone, Jim Mastin, and the people of the City of Ukiah, do hereby commend you, Shirley Grover, for your exemplary commitment to the citizens of Ukiah while performing your duties as a faithful em of the City of Ukiah these past 35 years. Fred Schnetter, Mayor ITEM NO. 6a. DATE: OCTOBER 19, 1994 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS MADE DURING THE MONTH OF SEPTEMBER 1994 Payments made during the month of September, 1994, are summarized on the attached Register of Payroll and Demand Payments. Further detail is supplied on the attached Schedules of Bills, representing the four (4) individual payment cycles within the month. This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7. RECOMMENDED ACTION: Receive attached Report of Disbursements. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Acct. No. (if NOT budgeted):N/A Acct. No.: N/A Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by: Charles L. Rough, Jr., City Manager Prepared by: Gordon Elton, Director of Finance Coordinated with: Paulette Klingbeil 463-6230 Attachments: Report of Disbursements APPROVED: B:I/FIN:kk ADISBURSEMENTS CITY OF UKIAH REGISTER OF PAYROLL AND DEMAND PAYMENTS DATE: SEPTEMBER, 1994 Demand Payments approved: Check No. 67253 to 67780 inclusive. FUNDS: 100 120 140 141 142 200 220 230 260 300 315 320 332 333 400 410 55O 575 600 610 611 612 640 652 660 General Fund Capital Improvement Park Development Museum Grants National Science Foundation Asset Seizure Parking Dist. Rev. Fund Parking Dist. #1 Rev. Fund Downtown Bus. Imprv. Dist. Gas Tax Airport Capital Improvement Airport Clear Zone Fed. Emergency Shelter Grant Comm. Dev. Block Grant Recreation Enterprise Conference Center Fund Lake Mendocino Bond Garage Airport Sewer Service Sewer Construction Fund City/D istrict Sewer Sanitation Dist. Revolving REDIP Sewer Enterprise Sanit. Disp. Site $162,371.67 662 663 665 $863.63 670 $2,950.00 675 $295.79 678 $471.24 680 693 695 $ 125.00 696 $52,194.51 697 698 $5,624.00 800 8O5 $4,7a2.50 820 $13,232.39 840 841 $9,336.24 900 $9,421.92 940 $205.53 950 $74.87 960 $19,179.97 962 ($27,686.16) 965 966 $61,753.90 335 JPA/LTF Fund Countywide JPA Refuse/Debris Control U.S.W. Billing & Collections Contracted Dispatch Services Public Safety Dispatch Ambulance Service Clubhouse Renovations Golf Warehouse/Stores Billing Enterprise Fund Fixed Asset Fund Electric Street Lights Water Special Water Fund Water Treatment Plant Special Deposit Trust Payroll Posting Fund General Service Community Redev. Agency Redev. Housing Fund Redev. Capitol Imprv. Fund Redevelopment Debt Svc. Community Dev. Comm. Fund PAYROLL CHECKS NO. 55373 PAYROLL PERIOD 08/14/1994 PAYROLL CHECKS NO. 55601 PAYROLL PERIOD 08/28/1994 PAYROLL CHECKS NO. 55816 PAYROLL PERIOD 09/11/1994 to 55600 TOTAL to 08/27/1994 TOTAL to 55815 TOTAL to 09/10/1994 to 56018 TOTAL PAYMENTS to 09/24/1994 CERTIFICATION OF CITY CLERK DEMAND PAYMENTS PAYROLL DED. CHECKS PAYROLL CHECKS This register of Payroll and Demand Payments was duly approved by the City Council on $7,197.71 $182.95 $96,477.36 $97.08 $22,861.49 $24,384.64 $34,159.22 $15,821.48 $ 660,376.92 $10,095.95 $173,465.13 $10,971.90 $127,158.30 $772.79 $67,291.20 $36,308.14 $1,602,739.26 $175,694.47 $ 485,051.08 $2,263,484.81 City Clerk City Manager APPROVAL OF CITY MANAGER and approve same. CERTIFICATION OF DIRECTOR OF FINANCE I have audited this Register and approve same for accuracy and available funds. 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' !~: : . ill 0000~ 0 ~oooo I. i',- ~0~ ¢.I ~ o0ooo ~ i ~ ~ r,- r,,- h j ooooo o ~ °o ~o ~o o o o io o o o~ooo o ,o lo o o 00000 o 0 0 O0 O0 0 0 .O C:O0 C:O0 000 : O0 0 0 O O O o 0 0 0 ; ZZZZ 08; oo oo 000 OOO~ oo88°8oo 000^~00 · ~ i 0 o' ~ 0 h- 0 og Oq 0000 b oo ~L AGENDA SUMMARY ITEM NO. 6b DATE: 10/19/94 REPORT SUBJECT: APPROVAL OF A DEMOLITION PERMIT APPLICATION TO DEMOLISH A BRICK WAREHOUSE OVER 50 YEARS OLD LOCATED AT 263 NORTH STATE STREET SUMMARY: On October 11, 1994, the Demolition Permit Review Committee voted unanimously to approve a demolition permit application to demolish the brick warehouse attached to the rear of the building located at 263 North State Street. The purpose of the demolition project is to provide room for additional parking spaces, and new rear deck and entrance to the store at 263 North State Street. The +80 year old structure fronts on Main Street, and was originally a variety/grocery store. After careful review, the Committee concluded that although the structure is part of the business history of the downtown, it does not have significant historical value to warrant preservation, nor does it have significant architectural value as a warehouse. For Council's information, the property owner has indicated that as many bricks as possible will be salvaged and made available for community use. RECOMMENDED ACTION' City Council approve the Demolition Permit for the brick warehouse over 50 years old located at 263 North State Street. ALTERNATIVE COUNCIL POLICY OPTION: 1. Determine that the subject structure is historically significant, and deny the Demolition Permit. 2. Remand the demolition proposal back to staff for further research and evaluation into the historical significance of the structure. Acct. No. (if not Budgeted): N/A Acct. No.: (if budgeted) Appropriation Requested: N/A Citizen Advised: Applicant, Dorothy Cox Requested by: Dorothy Cox Prepared by: Charley Stump, Senior Planner Coordinated with: Charles L. Rough, Jr., City Manager and Bob Sawyer, Planning Director' Attachments: 1. Location Map, application and Historical Evaluation Letter (Pruden) 2. Demolition Permit Review Committee "Minutes" APPROVED. Charles L. Rough/Jr ,~'City Manager STAF-RPT~DEM1-AGN.SUM DEMOLITION PERMIT APPLICATION SURVEY (FOR STRUCTURES OVER 50 YEARS OLD) CITY OF UKIAH CODE SECTION 3016 Property Owner: Property Address: Zoning: C-! ._ DO.ROTHY cox 263.279.295 Age of structure: .. State Street Applicant: DOROTHY COX Assessor's Parcel No.: 80 years +_ General Plan Designation: How was age determined? Brick is poorly fired "Ukiah brick". Lumber dimensions are pre-WWI Is property located in the City of Ukiah Architectural and Historical Resources Inventory? If yes, 1) Is it one of the 200 individually analyzed properties? 2) Is it included in a potential Historic District? Which one? 3) Is it one of the properties not considered worthy of specific analysis? Describe structure'scurrentcondition: Deteriorating unoccupied sheds, one brick, one corruqated metal clad wood f~mina_ Describe purpose of demolition: rear park'~ng. To remove problematic, vandalized hazardous eyesores & provide Describe all salvageable archaic materials and any salvage plans: Fir floor will be salvaged by Can the structure be moved? No Are there plans to move the structure? No Describe any moVing plans (location, timing, etc.): .. N/A General comments regarding historic, architectural, or cultural significance of building/property: Sheds in rear being demolished have little historic & no architectural or cultural _ siqnifiqance. Describe any unique features of building or property: Recommendation for City Council action: Describe the Demolition Permit Review Committee's actions on the application (page 2). '1 Ms. Judy Pruden Ukiah History Specialist Bldg. Preservation & Research 304 South Hortense Ukiah, CA 95482 707-462-4945 October 4, 1994 To: Bob Sawyer Subject: 263 N. State Street, Demolition Permit I have reviewed the application for a demolition permit for this property and have the following comments. The structure that needs historical evaluation is the part of of the warehouse that is built of brick. The structure that is contiguous to the north and forms the larger part of the warehouse/storage complex was built after 1951 and does not require review by the Demolition Review Committee because it is not 50 years old. The brick warehouse was built between 1906-10. The Jamison Brothers ran a very successful variety/grocery store, the White House,--for 33 years from this location and probably built the warehouse. Although this structure is part of the business history of the downtown it does not have significant historical value to warrant saving the building, nor does it. have significant architectural value as a warehouse. There is usually a demand by local citizens for used brick, espe- cially brick from older buildings. The owner may want to make the brick available or may be able to sell the brick if there is sufficient quantity. This would lessen landfill cost and demand. // / J J. t ) Po~.tH (..H) ~f.~'cZ. . i'.4 ~T~ (~) bAIqT~ ~LO 7- '~LP~N I "- Z.~'.~ MINUTES DEMOLITION PERMIT REVIEW COMMITTEE OCTOBER 11, 1994 MEMBERS PRESENT OTHERS PRESENT Thomas Parducci Clif Shepard Charley Stump for Bob Sawyer Larry Woods for Rick Kennedy Judy Pruden, Chairperson Bob Axt, Architect Grey Hoyt, Contractor Roger Sprehn, Fire Marshal Marie UIvila, Recording Secretary CALL TO ORDER The meeting of the Demolition Permit Review Committee was called to order at 10:05 a.m., in Conference Room 2, 300 Seminary Avenue, Ukiah, California by Chairperson Judy Pruden. ROLL CALL Roll was taken with the results listed above. MINUTES - AUGUST 30, 1994 ON A MOTION by Committee Member Larry Woods, seconded by Committee Member Clif Shepard, it was carried by an all AYE vote of those present to approve the Minutes of August 30, 1994, as presented. DEMOLITION PERMIT REVIEW AND RECOMMENDATIONS A. Request for demolition of structure located at 263 North State Street, Assessor's Parcel No. 002-267-06, owned by Dorothy Cox Chairperson Judy Pruden advised the request is to demolish the brick warehouse located at the rear of the building and facing Main Street. The structure which is contiguous to the north and forms the larger part of the warehouse/storage complex was built after 1951 and does not require review by the Committee because it is not 50 years old. She explained that she spoke with Mrs. Cox, the property owner, and was advised that Mrs. Cox is related to the Jamison Brothers who ran a very successful variety/grocery store at this location for 33 years and they probably built the warehouse. She discussed recycling of the brick and noted Mrs. Cox's concerns with liability issues. DEMOLITION PERMIT REVIEW COMMITTEE Page 1 OCTOBER 11, 1994 Grey Hoyt, contractor for Mrs. Cox, advised he will store the salvageable bricks on pallets and the remainder will go to his ranch. Part of the cost of the derdolition will be off set by the salvaging of the bricks. Committee Member Thom Parducci commended the applicant for cleaning up the area and felt it will be a great improvement to the downtown area. He hoped this would encourage other property owners in the area to make improvements to the portions of their property facing Main Street, which could be incorporated into separate entrances for those businesses. ON A MOTION by Committee Member Thom Parducci, seconded by Clif Shepard, it was carried by the following roll call vote to approve the demolition of the brick warehouse structure located at 263 North Main Street, Assessor's Parcel No. 002-267-06, and owned by Dorothy Cox: AYES: NOES: ABSENT: ABSTAIN: Committee Members Parducci, Shepard, Stump, Woods, and Chairperson Pruden. _ None. None. None. Chairperson Pruden advised that the Demolition Permit Review Committee will recommend approval of this demolition permit to the City Council and request the matter be placed on their Consent Calendar. Bm Rec~uest for demolition of structure located at 273 East Clay Street, #6, #7, #13, Assessor's Parcel No. 002-281-04, owned by Beverly Balletto, Chairperson Judy Pruden briefly discussed her report on the property, which indicated that the property has a great amount of notoriety but it does not have significant historical value to the City of Ukiah. Roger Sprehn, Fire Marshal, advised that their training officer evaluated the structures and felt they were too close to adjacent structures to safely conduct a controlled burn. The structures are in such dilapidated condition that it would not be safe to conduct training exercises in them. They also evaluated the structures for performing rescue/forced entry exercises, but the doors and part of the buildings would need to be reinforced in order to conduct such exercises. Therefore, the Fire Department does not intend to use these structures for training purposes. ON A MOTION by Committee Member Thom Parducci, seconded by Clif Shepard, it was carried by the following roll call vote to approve the demolition of the three structures located at 273 East Clay Street, #6, #7, and #13, Assessor's Parcel No. 002-281-04, and DEMOLITION PERMIT REVIEW COMMITTEE Page 2 OCTOBER 11, 1994 AGENDA SUMMARY ITEM NO. 6c DATE: 10/19/94 REPORT SUBJECT: APPROVAL OF A DEMOLITION PERMIT APPLICATION TO DEMOLISH 3 CABIN STRUCTURES OVER 50 YEARS OLD LOCATED AT 273 EAST CLAY STREET SUMMARY: On October 11, 1994, the Demolition Permit Review Committee voted unanimously to approve a demolition permit application to demolish three (3) of the cabin structures located at 273 East Clay Street. These structures are +50 years old and are located on the site of the Ukiah Steam Laundry, which bumed in the 1920's. The cabins do not have unique amhitectural merit, and the construction techniques were apparently marginal. Moreover, they have not been maintained, and are rapidly approaching a state of dilapidation. After careful review, the Committee concluded that these cabins do not have significant historical value to the City of Ukiah. Interestingly, the cabins and site do have a social history that will provide anecdotical material for future historical tours. RECOMMENDED ACTION: City Council approve the Demolition Permit for the 3 cabin structures over 50 years old located at 273 East Clay Street. ALTERNATIVE COUNCIL POLICY OPTION: 1. Determine that the subject structures are historically significant, and deny the Demolition Permit. 2. Remand the demolition proposal back to staff for further research and evaluation into the historical significance of the structures. Acct. No. (if not Budgeted): N/A Acct. No.: (if budgeted) Appropriation Requested: N/A Citizen Advised: Applicants, Beverly Balletto Requested by: Beverly Balletto Prepared by: Charley Stump, Senior Planner Coordinated with: Charles L. Rough, Jr., City Manager and Bob Sawyer, Planning Director Attachments: 1. Location Map, application and Historical Evaluation Letter (Pruden) 2. Demolition Permit Review Committee "Minutes" APPROVED: Cha~des~L, Ro~u~h, j~r., C~ ~anager STAF-RPT~DEM2-AGN.SUM DEMOLITION PERMIT APPLICATION SURVEY (FOR STRUCTURES OVER 50 YEARS OLD) CITY OF UKIAH CODE SECTION 3016 Property Owner: Property Address: Zoning: c 2 Age of structure: Beverly Balletto Applicant: Beverly Balletto 100+ 273 East Clay Sqreet Assessor's Parcel No.: 002-281-04 Public records, asking around General Plan Designation: How was age determined? Is property located in the City of Ukiah Architectural and Historical Resources Inventory? If yes, 1) Is it one of the 200 individually analYzed properties? 2) Is it included in a potential Historic District? Which one? 3) Is it one of the properties not considered worthy of specific analysis? Describe structure's current condition: Beyond help · Partiallv damaged by age and fire. Describe purpose of demolition: Tb remove fire and s~fety hazard. Describe all salvageable archaic materials and any salvage plans: None, known. Can the structure be moved? ~ o two r t h ~Atre there plans to move the structure? Describe any moving plans (location, timing, etc.): General comments regarding historic, architectural, or cultural significance of building/property: Describe any unique features of building or property: Recommendation for City Council action: Describe the Demolition Permit Review Committee's actions on the application (page 2). Ms. Judy Pruden Ukiah History Specialist Bldg. Preservation & Research~ 304 South Hortense Ukiah, CA 95482 707-462-4945 October 4, 1994 To: Bob Sawyer Subject: ~3 E. Clay St. ~6,7,13, Demolition Permits I have reviewed the application for a demolition permit for this property and have the following comments. This was originally the site of the Ukiah Steam Laundry which burned in the 1920's. The business history after the 1920's is extremely vague, virtually non existence, for this property. The best source of information was oral history from a local native Ukiahian, age 80. The original group of five cabins on the east side row were built in the 1930's. The second group was a row of eight cabins on the west side built in the 1940's. The Cohen family bought this property is the 1940's and probably were responsible for the additional cabins. Since the 1940's to the present these have been called Cohen's Cabins. Originally started as an auto court the cheapness of construction, lack of maintenance and "off the beaten path" indicated that these cabins rapidly became lowcost housing instead of a tourist business. This theory is supported by the lack of advertising by sign or newspaper, nor were the cabins listed in the phonebook. The woman who provided oral history indicated that women didn't go "down to that part of Clay Street because it was too rough." This property has a great amount of notoriety, even a report of a murder in one of the cabins and will provide excellant anecdot- ical material for future historical tours it does not,significant historical value to the City of Ukiah. ~ Preliminary discussion with the Fire Department indicated that they will'evaluating these 3 cabins for a possible fire practice and may be interested in using them. The Fire Department will be filling or responding to their findings. LESLI~- I I N.w.p. R.R' s[REET ® I?0 15' © © MAIN 51'. Grey Hoyt, contractor for Mrs. Cox, advised he will store the salvageable bricks on pallets and the remainder will go to his ranch. Part of the cost of the demolition will be off set by the salvaging of the bricks. Committee Member Thom Parducci commended the applicant for cleaning up the area and felt it will be a great improvement to the downtown area. He hoped this would encourage other property owners in the area to make improvements to the portions of their property facing Main Street, which could be incorporated into separate entrances for those businesses. ON A MOTION by Committee Member Thom Parducci, seconded by Clif Shepard, it was carried by the following roll call vote to approve the demolition of the brick warehouse structure located at 263 North Main Street, Assessor's Parcel No. 002-267-06, and owned by Dorothy Cox: AYES: NOES: ABSENT: ABSTAIN: Committee Members Parducci, Shepard, Stump, Woods, and Chairperson Pruden. None. None. None. Chairperson Pruden advised that the Demolition'Permit Review Committee will recommend approval of this demolition permit to the City Council and request the matter be placed on their Consent Calendar. .Re(~uest for demolition of structure located at 273 East Clay Strcct, #6, #7, #13, Assessor's Parcel No. 002-281-04, owned by Beverly Balletto. Chairperson Judy Pruden briefly discussed her report on the property, which indicated that the property has a great amount of notoriety but it does not have significant historical value to the City of Ukiah. Roger Sprehn, Fire Marshal, advised that their training officer evaluated the structures and felt they were too close to adjacent structures to safely conduct a controlled burn. The structures are in such dilapidated condition that it would not be safe to conduct training exercises in them. They also evaluated the structures for performing rescue/forced entry exercises, but the doors and part of the buildings would need to be reinforced in order to conduct such exercises. Therefore, the Fire Department does not intend to use these structures for training purposes. ON A MOTION by Committee Member Thom Parducci, seconded by Clif Shepard, it was carried by the following roll call vote to approve the demolition of the three structures located at 273 East Clay Street, #6, #7, and #13, Assessor's Parcel No. 002-281-04, and DEMOLITION PERMIT REVIEW COMMITTEE Page 2 OCTOBER 11, 1994 owned by Beverly Balletto: AYES: NOES: ABSENT: ABSTAIN: Committee Members Parducci, Shepard, Stump, Woods, and Chairperson Pruden. None. None. None. Chairperson Pruden advised that the Demolition Permit Review Committee will recommend approval of this demolition permit to the City Council and request the matter be placed on their Consent Calendar. There was a brief discussion concerning plans for the remaining structures on the property. The remaining five units have people living in them at the present time and it is unknown what the property owner's intentions are for future demolitions or remodeling of the units. ADJOURNMENT There being no further business, the meeting was adjourned at 10:20 a.m. Chairperson Judy Pruden Marie Ulvila, Recording Secretary DEMOLITION PERMIT REVIEW COMMITTEE Page 3 OCTOBER 11, 1994 SUBJECT: ITEM NO. 8a DATE: OCTOBER 19, 1994 AGENDA SUMMARY REPORT CONSIDERATION OF RESOLUTION ADOPTING REVISED SCHEDULE OF FEES AND RATES FOR GARBAGE AND RECYCLING COLLECTION SERVICE This Agenda item provides background information for the public hearing on the proposed 21-22% garbage and recycling collection rate increase. The individual components of the rate adjustment are as follows: 1.9% contracted automatic annual rate increase equal to 75% of the CPI increase for the period March 1993 to March 1994 13.8 % contracted pass through of landfill tipping fee increase to garbage and recycling collection customers enacted August 6, 1994 beginning October 1, 1994 3.7% recovery of landfill tipping fee increase not collected from commercial customers in August/September, 1994, and 2.8% recovery of landfill tipping fee increase not collected from residential customers in August/September, 1994 2.5% AB939 State Mandated Recycling Surcharge Continued on Page 2 RECOMMENDED ACTION: Hold public hearing and adopt the Resolution Adopting Revised Schedule of Fees and Rates for Garbage and Recycling Collection Service. ALTERNATIVE COUNCIL POLICY OPTIONS: . Amend and approve resolution. Continue item. Acct. No. (if NOT budgeted):N/A Acct. No.' N/A Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by: Prepared by: Sue A. Goodrick, Public Works Administrator 463-6286 Carolynn Thomas, Interim Director of Finance Coordinated with' Charles L. Rough, Jr., City Manager Attachments: City Manager's Report and Attachments Proposed Resolution APPROVED: R: I ~LANDFILL:kk ARATES.2 Consideration of Resolution Adopting Revised Schedule of Fees and Rates for Garbage and Recycling Collection Service October 19, 1994 Page 2 The attached City Manager's Report provides detail on each of these components. The proposed 21% rate increase will be applied directly on residential accounts. Any residential customer can multiply their current rate by 121% to approximate their new rate. The proposed 22% rate increase will be applied directly on commercial accounts. The proposed rate for commercial customers reflects a flat $49.00 per yard per week, with the exception of a one yard bin, which will be $62.00 per yard per week. The $62.00 per one yard bin per week is proposed as a continuing effort to encourage waste reduction through financial incentive as established with the current rate schedule. Commercial customers can estimate their new bills using the following formula: Volume in yards x number of pickups per week = total yards Total yards x $49 = total monthly bill One yard x one pickup per week = one yard One yard x $62 = total monthly bill Commercial can or totter service shall be charged at the residential rates established in the attached proposed resolution (Attachment D). COMPARISON OF OTHER RATE STRUCTURES A garbage and recycling collection rate comparison was conducted for surrounding areas within Mendocino County. All rates reviewed were considerably higher than Ukiah's recommended rates. Refer to Attachment B of the City Manager's Report. EFFECTIVE DATE AND RECOMMENDATION Staff recommends that the rates be adjusted to reflect the State mandated AB939 Recycling Program Surcharge, landfill tipping fee increase enacted August 6, 1994, and recovery of landfill tipping fee increase which was not collected in the months August and September, and the CPI adjustment as indicated in the proposed resolution, Attachment D of the City Manager's Report. Since the Fiscal Year 1994-95 Budget does not reflect subsidizing the tipping fee adjustment, staff further recommends that the adjustment be retroactive and effective as of October 1, 1994. R:I~LANDFILL:kk ARATES.2 October 7, 1994 CITY MANAGER'S REPORT AND RECOMMENDATION ON ADJUSTMENT OF RATES FOR GARBAGE AND RECYCLING COLLECTION SERVICE Backqround The City Manager has determined that a rate adjustment to the garbage and recycling collection service is necessary to meet the City's contractual obligations to its hauler, Solid Wastes Systems, Inc. The City Manager also recommends that the proposed rate adjustment include an allowance for increased recycling programs as mandated by AB 939, and our approved Source Reduction and Recycling Element (SRRE). The garbage and recycling collection rates were last adjusted in August, 1993. Consumer Price Index Rate Adjustment- 1.9% Solid Wastes Systems, Inc. is the City of Ukiah's franchised refuse and recycling collector. In March, 1992 the City Council, through the public hearing process, agreed to revise the Refuse and Recycling Collection contract between the City and Solid Wastes Systems to include a method for determining and adjusting garbage and recycling collection fees and charges using an automatic annual rate adjustment based on a 75% change in the U.S. Department of Labor, Bureau of Statistics, Consumer Price Index (CPI). The CPI increased 2.5% during March 1993 to March 1994, resulting in the present need to increase collection rates by 1.9%. Landfill Gate Fee Increase- 13.8% On August 3, 1994, the City Council approved an increase in the landfill gate fee to offset substantial increases in the cost of operation and maintenance due to increased State and Federal mandates, increased set aside reserves for closure and postclosure maintenance, and initiating pre-closure preparatory projects to alleviate additional excessive costs at the time the landfill closes. These mandates and preparatory projects have increased by $583,000 over the past year. Attachment A identifies the State and Federal mandated components (58%) of the established landfill gate fee. Some of these projects/mandates are listed below: An increase in the Integrated Waste Management Board's mandated setaside reserve for closure of the landfill from $80,000 to $300,000 annually. The development of a gas monitoring wells system (required by Waste Board), including installation and monitoring of five gas monitoring wells ($136,000). Enlargement of existing sedimentation pond and installation of filter ($50,000). Department of Fish and Game required erosion control. Water Quality Control Board's required abandonment of four groundwater wells ($4,000). Water Quality Control Board's mandated engineering feasibility study, design and permitting for groundwater impact mitigation ($100,000). Pre-closure project of installing permanent downdrains and leachate collection lines and extending the leachate main ($47,000). Pre-closure project of completing a portion of the lower perimeter road ($22,000). Pre-closure project of upgrading the site fencing ($10,000). The City Commercial hauler was charged $14.38 per compacted cubic yard (or an equivalent of $43/ton) for disposal into the City landfill. The newly established gate fee of $63/ton (or $23.80 per compacted cubic yard) equates to a 13.8% increase to the garbage and recycling collection rates. The Refuse and Recycling Collection contract stipulates that the City shall add to the garbage and recycling collection rate any amounts necessary to fully compensate Solid Wastes Systems for any increase in the gate fee charged to them for disposing of refuse at the City owned landfill. Recovery of TiDDin.q Fees for Auqust/SeDtember- Commercial 3.7%, Residential 2.8% The landfill gate fee increase went into effect August 6, 1994. As mentioned in the previous paragraph, pursuant to the City's Franchise Agreement with Solid Wastes Systems, the City has been unable to charge its hauler for the increase in tipping fees, pending an increase in the garbage and collection rates. For the months of August and September this amounted to a loss of landfill revenue in the amount of $46,986. The 1994/95 Solid Waste Disposal Site Budget was conditioned upon the increased revenues generated from the tipping fee increase. Therefore, Staff believes it is necessary to recover the lost revenues for August and September which were not collected from Solid Wastes Systems. It is for this same reason that staff recommends establishing a retroactive effective date for the proposed garbage and recycling collection rates to October 1, 1994. The recovery of the lost revenues varies by each user category based on the quantity of waste generated by the two user groups - commercial and residential. Seventy percent 2 (70%) of all waste disposed from the City of Ukiah is generated by the commercial sector, thirty percent (30%) by residential. The lost revenues were proportionately distributed between the user classes with the resulting 3.7% increase for commercial customers and 2.8% for residential customers. AB 939 State Mandated Recycling Surchar_(]e Increase- 2.5% In August, 1993, it was determined that the landfill could no longer subsidize the recycling/diversion programs due to reductions of revenue generated at the landfill, compounded by increased expenses generated by State and Federal mandated regulations and programs. The full cost of the residential, multi-family, commercial recycling and yardwaste collection programs amounted to $175,071. Fifteen percent (15%) of last year's garbage and recycling collection rate adjustment went towards the recycling programs. The City has attained a diversion rate of approximately 29.1% through aggressive recycling and diversion programs. In order to maintain our present drive and increase our diversion, additional programs are necessary. Although the State mandates the City to further reduce its waste stream, the City is ultimately responsible for directing its hauler, Solid Wastes Systems, Inc., to increase its programs. At the request of Staff, Solid Waste has made a proposal to increase the residential and commercial recycling programs. The additional programs suggested are: *Collection of Paper Board (cereal boxes, six-pack cartons, etc.) *Collection of Mixed Plastics (bottles, tubs- #1 through #6) *Collection of Magazines *Availability of larger bins/totem To accomplish these additional recycling/diversion goals, the purchase of an additional container truck ($40,000), recycling truck ($50,000) and additional recycling bins/toters are necessary. The cost related to the expanded recycling program is estimated to be $105,000. SOLID WASTES SYSTEMS~ INC. AUDIT REVIEW Due to recent weight density study findings, there have been concerns raised regarding the City Hauler, Solid Wastes Systems, Inc. having received a price advantage over the rates approved by the City Council. In February 1992, City Council approved an adjustment of fees and rates for garbage and recycling collection services. At that time, a detailed garbage and recycling collection rate analysis (including review of certified audits) was conducted. Staff analyzed the profitability of Solid Wastes Systems operations and recommended the garbage and recycling collection rates based on the then current compaction practices. Solid Wastes Systems has requested reimbursement for what they feel is a loss of revenue due to not collecting enough money through the collection rates to fully compensate them for the recycling programs and last tipping fee increase of August, 1993. Staff reviewed the 1992/93 audit, however, due to the immediate adjustment equating to 21%-22% to each customer classification, Staff chose to be prudent and review this issue in July, 1995, as stipulated in the franchise agreement, where full review of the contract and financial of Solid Wastes Systems is scheduled for every throe years. At that time, Staff shall, if appropriate, recommend an adjustment of the garbage and recycling collection rates to fully compensate Solid Wastes Systems for the expense they incurred implementing these programs. In addition, Staff will have a clearer picture of how the pass through of the increased gate fees has affected Solid Wastes profitability. Staff believes additional review is necessary to determine if the decreases in Solid Wastes profitability is due to waste reduction measures of City residences and businesses. RATE RECOMMENDATION The proposed rate adjustment has been determine to be an essential and equitable way of asking all customers to share in meeting the City's contract obligations with our hauler and dealing with the issues of escalated solid waste costs directed by State. As previously established, Staff recommends continuing the incentive to produce less garbage by increasing the "per unit" cost of garbage service as volume increases. Again, it provides the customer with a cause-and-effect choice of how much refuse service to subscribe to, with a preferential rate for lower volumes. Residential Rates Staff has determined that the recommended method for obtaining the revenue necessary to cover the landfill tipping fee increase, CPI adjustment, and State mandated AB 939 recycling/diversion program costs, would be to place a 21% adjustment onto all residential customer classifications. Commercial Rates Staff has determined that the recommended method for obtaining the revenue necessary to cover the landfill tipping fee increase, CPI adjustment, and State mandated AB 939 recycling/diversion program costs, would be to place a 22% adjustment onto all commercial customer classifications. COMPARISON OF OTHER RATE STRUCTURES A garbage rate comparison was conducted for surrounding areas within Mendocino County. All rates reviewed were considerably higher than Ukiah's recommended rates. Refer to Attachment B. EFFECTIVE DATE AND RECOMMENDATiOI~, Staff recommends that the rates be adjusted to reflect the increased recycling programs (AB 939 State Mandated), the landfill tipping fee increase based on $43/ton to $63/ton, the recovery of lost landfill revenues for the tipping fee increase for the months of August and September, and the CPI adjustment as indicated in the Notice of Public Hearing, Attachment C. Since the revenue generated from the tipping fees by Solid Wastes Systems for landfill operations and maintenance is contingent upon the increase to the garbage and collection rates, and since the City has not collected these funds for the last two months, it is imperative that Staff recommends the adjustment be immediate and retroactive; effective as of October 1, 1994. Attachment D identifies the proposed revised City Council Resolution which establishes the recommended garbage collection and recycling rates. GATEFEE.XLC GATE FEE OPERATING 24% ($447,789) 1994/95 REFUSE & DEBRIS CONTROL 4% ($74,626) REGULATORY- PRECLOSE (SI~ EX~t~SE) 19% ($369,000) REGULATORY- CLOSURE & POST 16% ($3oo,ooo) SALARIES & BENEFITS 14% ($261,574) REGULATORY- OPERATING 15% REGULATORY - MSWMA 8% ($156,000) CITY OF UKIAH GARBAGE RATE COMPARISON SEPTEMBER, 1994 CO[OtERC I ~L CURRENT RECOMMENDED WILLITS RATES RATES RATES* 1 Yard 1 time week $ 51.00 2 times week 80.00 1-1/2 Yards 1 time week $ 60.00 2 times week 120.00 (1) COUNTY RATES $ 62.00 $ 95.00 $119.30 98.00 170.00 N/A (2) FT. BRAGG RATES $ 87.80 125.15 (3) COUNTY RATES $ 97.10 173.40 $ 73.50 $105.00 $149.15 117.85 130.40 147.00 190.00 N/A 185.30 240.90 2 Yards 1 time week $ 80.00 $ 98.00 $122.00 2 times week 160.00 196.00 224.00 3 times week 240.00 294.00 336.00 152.00 247.85 321.80 RESIDENTIAL (ONCE A WEEK) 10 Gallon $ 2.35 $187.05 265.05 353.30 $ 2.85 $ 7.50 $ 11.65 10.15 12.65 $ 4.95 $ 6.00 14.50 20 Gallon can-curb 168.15 315.75 475.80 14.65 17.50 1 30 Gallon can-curb 8.95 10.80 16.50 18.60 15.20 19.60 2 Cans 18.60 22.50 32.00 37.20 30.40 39.20 3 Cans 28.10 34.00 47.50 55.80 45.60 58.80 1 30 Gal. can-pack out 10.90 13.20 18.50 2 Cans 22.65 27.40 37.00 3 Cans 35.10 42.45 55.50 $ 20.30 Per 75' INDUSTRIAL 20 Yard Drop Boxes 30-38 Yard Drop Boxes 40 Yard Drop Boxes 12 Yard Compactor N/A N/A N/~ NOTES: 27.30 42.25 61.35 R:lqaW GARBAGE (1) (2) (3) EMPIRE WASTE MANAGEMENT - AREA SURROUNDING UKIAH FORT BRAGG DISPOSAL FORT BRAGG DISPOSAL - AREA SURROUNDING FORT BRAGG $190.00 $232.00 $325.00 $333.45 $249.65 $276.25 239.00 292.00 540.00 466.10 plus plus 287.50 351.00 598.85 $70 per $70 per 269.00 328.00 375.00 ton ton NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Ukiah, California, will hold a Public Hearing on October 19, 1994, at 7:00 p.m. or as soon thereafter as the same may be heard, and continued from time to time as the same may require, in the Council Chambers of the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California, to consider an adjustment of fees and charges for refuse collection in the City of Ukiah. The proposed adjustment is requested to fulfill the City's obligation in its Garbage Collection and Recycling Agreement with Ukiah Solid Waste, Inc., and to meet State mandated AB 939 recycling and source separation mandates. A copy of the proposed rates is published herein. Effective date is proposed to be retroactive to October 1, 1994. A copy of the City Manager's Report and Recommendation is on file with the City Clerk and is available for review by interested persons. CITY OF UKIAH RESIDENTIAL MONTHLY RATE8 CURRENT SERVICE RATES AB 939 STATE MANDATES SURCHARGE CURB SERVICE Minimum (10 gal can) $ 2.35 $ .06 1-20 gal can 4.95 .12 2-20 gal cans 12.05 .30 3-20 gal cans 18.45 .46 4-20 gal can 24.85 .62 1-30 gal can 8.95 .22 2-30 gal can 18.60 .47 3-30 gal cans 28.10 .70 4-30 gal cans 41.35 1.03 PACK-OUT 1-10 gal can 3.65 .09 1-20 gal can 6.25 .16 2-20 gal cans 15.15 .38 3-20 gal cans 23.90 .60 4-20 gal cans 33.15 .83 1-30 gal can 10.90 .27 2-30 gal cans 22.65 .57 3-30 gal cans 35.10 .88 4-30 gal cans 48.35 1.21 REMOTE AREA SERVICE* 1-30 gal can 16.75 .42 2-30 gal cans 34.35 .86 3-30 gal cans 52.05 1.30 4-30 gal cans 69.75 1.74 PROPOSED ADJUSTMENT COLLECTION TOTAL RATE INCREASE PROPOSED RATE $ .44 $ 2.85 .93 6.00 2.25 14.60 3.39 22.30 4.53 30.00 1.63 10.80 3.43 22.50 5.20 34.00 7.62 50.00 .66 4.40 1.14 7.55 2.77 18.30 4.50 29.00 6.02 40.00 2.03 13.20 4.18 27.40 6.47 42.45 8.94 58.50 3.08 20.25 6.39 41.60 9.55 62.90 12.91 84.40 *BGR - small truck (Billy Goat) run, for remote areas. CURRENT SERVICE RATES AB939 STATE MANDATES SURCHARGE COLLECTION RATE INCREASE TOTAL PROPOSED RATE MISCELLANEOUS 1:105 gal toter $35.35 $ .88 $ 6.87 $43.10 Upon proof of physical handicap, the curb rate may apply to certain residential customer even if they receive the pack- out service. CITY OF UKIAH COMMERCIAL MONTHLY RATES CURRENT AVERAGE RATE/YARD/WEEK AB 939 STATE MANDATES SURCHARGE COLLECTION RATE INCREASE TOTAL PROPOSED RATE/YARD/WEEK $51.00 40.00 $1.28 $9.72 $62.00' 1.00 8.00 49.00* The proposed method is a flat per unit charge of $49.00 per yard per week, except for a one (1) yard bin once a week is $62.00. EXAMPLES OF NEW COMMERCIAL RATE: 1 yard bin - picked up 1 time per week = 1 yard = $62 per month 2 yard bin - picked up 4 times per week = 8 yards = $392 per month OTHER SERVICE RATES DROP BOXES Special 3-Day Rental 3 yard box per dump AB 939 STATE COLLECTION CURRENT MANDATES RATE RATE SURCHARGE INCREASE $ 71.50 $ 1.79 $ 13.71 TOTAL PROPOSED RATE $ 87.00 Weekly- 7-Day Rental 10 yard box per dump 15 yard box per dump 20 yard box per dump 30 yard box per dump 40 yard box per dump $143.00 $ 3.58 $ 27.42 169.00 4.23 32.77 190.00 4.75 37.25 239.00 5.98 47.02 287.50 7.19 56.31 $174.00 206.00 232.00 292.00 351.00 Additional $10.00 fee for retaining drop box more than 7 days. CURRENT RATE AB 939 STATE MANDATES SURCHARGE Compactors 6 yard compactor 12 yard compactor 25 yard compactor $179.00 269.00 438.00 COLLECTION RATE INCREASE Special Services - Call-in pickup and disposal Appliances $15.00 plus current disposal charge Tires (up to 4 automobile or motorcycle sized tires on regular garbage collection route) $3.10 each Tires (5 or more automobile or motorcycle sized tires, special trip) $15.00 plus current disposal charge Large truck sized tires (special trip) $15.00 plus current disposal charge Furniture and Other Items (special trip) $15.00 plus current disposal charge TOTAL PROPOSED RATE 4.48 $ 34.52 $ 218.00 6.73 52.27 328.00 10.95 85.05 534.00 NO CHANGE NO CHANGE NO CHANGE NO CHANGE NO CHANGE Locking bin $20.00 (one-time setup charge) NO CHANGE Special service rates may be established based on the current disposal charge plus equipment and labor cost. rates shall be approved by the City Manager with ratification by City Council. PUBLISHED: R:I\PW RATES3. PH Such 1 5 6 ? $ 9 10 11 12 15 16 18 19 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING REVISED SCHEDULE OF FEES AND RATES FOR GARBAGE AND RECYCLING COLLECTION SERVICE WHEREAS, the City Council, under terms of its franchise agreement with Solid Wastes Systems, Inc., must adjust garbage and recycling collection fees and charges using an automatic annual rate adjustment based on a 75% change in the U.S. Department of Labor, Bureau of Statistics, Consumer Price Index, and WHEREAS, the increase in the Consumer Price Index from March 1993 to March 1994 was 2.5%, resulting in a 1.9% increase in garbage rates, and WHEREAS, the Refuse and Recycling Collection contract further stipulates that the City shall add to the garbage rate any amounts necessary to fully compensate Solid Wastes Systems, Inc., for any increase in the gate fee charged to them for disposing of refuse at the City-owned landfill, and WHEREAS, on August 3, 1994, the City Council authorized an increase of the Ukiah Solid Wastes Disposal Site gate fees to offset substantial increases in the cost of operation and maintenance due to increased State and Federal mandates, increased set aside reserves for closure and postclosure maintenance and initiating pre-closure preparatory projects to alleviate additional excessive costs at the time the landfill closes, equating to a 13.8% increase in rates, and WHEREAS, pursuant to the Franchise Agreement, the City has been unable to collect the increased tipping fee for the period August 6, 1994 through October 1, 1994, from Solid Wastes Systems Inc., until the garbage rate adjustment is established to fully compensate them for the increase in the gate fee, and WHEREAS, the uncollected tipping fees in the amount of $46,986 need to be recovered to meet landfill budgetary requirements, and WHEREAS, 70% of all refuse from the City is generated by commercial customers and 30% 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 25 26 27 28 III III III III III III III Iil generated by residential customers, equating to 3.7% increase for commercial customers and a 2.8% increase for residential customers in rates to cover the uncollected tipping fees from August 6, 1994 through October 1, 1994, and WHEREAS, the City of Ukiah has incurred increased costs as a result of improved recycling and waste diversion programs. These costs alone require a 2.5% increase in rates, and WHEREAS, additional expenses generated by State and Federal mandated regulations and programs has forced the City Council to determine that the City's recycling and waste diversion programs can no longer be subsidized by the City's Solid Wastes Disposal Site, and WHEREAS, the City Manager has reviewed the proposed rates and made his recommendation, and WHEREAS, the City did duly notice a pulic hearing and make available the City Manager's report and recommendation for public inspection, all in accordance with the requirements of the Ukiah City Code, and did consider in a public hearing the proposed rates, the recommendation of its City Manager and all public testimony at its regular meeting of October 19, 1994. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby: 1. Finds that an increase of rates is necessary to (a) offset rising costs of operation, (b) offset new landfill tipping fees, and (c) offset the expense of the AB939 State mandated recycling and waste diversion programs. Adopts the rate structure set forth below and made a part of this resolution. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY OF UKIAH RESIDENTIAL MONTHLY RATES SERVICE CURB SERVICE Minimum (10 gal can) 1-20 gal can 2-20 gal cans 3-20 gal cans 4-20 gal cans 1-30 gal can 2-30 gal cans 3-30 gal cans 4-30 gal cans PACK-OUT 1-10 gal can 1-20 gal can 2-20 gal cans 3-20 gal cans 4-20 gal cans 1-30 gal can 2-30 gal cans 3-30 gal cans 4-30 gal cans MONTHLY RATE $ 2.85 6.00 14.60 22.30 30.00 10.80 22.50 34.00 50.00 4.40 7.55 18.30 29.00 40.00 13.20 27.40 42.45 58.50 REMOTE AREA SERVICE* 1-30 gal can 2-30 gal cans 3-30 gal cans 4-30 gal cans *BGR - small truck (Billy Goat) run, for remote areas. 20.25 41.60 62.90 84.40 MISCELLANEOUS 1-105 gal toter MONTHLY RATE $43.10 Upon proof of physical handicap, the curb rate may apply to certain residential customers even if they receive the pack-out service. CITY OF UKIAH COMMERCIAL MONTHLY RATES Commercial can or totter service shall be charged at residential rates shown above. The rate for one yard commercial service, (one yard bin pick-up one time per week) shall be $62.00. ALL OTHER COMMERCIAL MONTHLY RATES ARE $49.00/YARD/WEEK EXAMPLES OF NEW COMMERCIAL RATE: 1 yard bin - picked up 1 time per week = 1 yard = $62 per month 1 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 25 26 27 28 2 yard bin - picked up 4 times per week = 8 yards = $392 per month OTHER SERVICE RATES DROP BOXES Special 3-Day Rental 3 yard box per dump* TOTAL RATE $ 87.00 Weekly - 7-Day Rental 10 yard box per dump* 15 yard box per dump* 20 yard box per dump 30 yard box per dump 40 yard box per dump 174.00 206.00 232.00 292.00 351.00 Additional $10.00 fee for retaining drop box more than 7 days. Compactors MONTHLY RATE 6 yard compactor $218.00 12 yard compactor 328.00 25 yard compactor 534.00 Special Services - Call-in pickup and disposal Appliances $15.00 plus current disposal charge Tires (up to 4 automobile or motorcycle sized tires on regular garbage collection route) $3.10 each Tires (5 or more automobile or motorcycle sized tires, special trip) $15.00 plus current disposal charge Large truck sized tires (special trip) $15.00 plus current disposal charge Furniture and Other Items (special trip) $15.00 plus current disposal charge Locking bin $20.00 (one-time setup charge) Special service rates may be established based on the current disposal charge plus equipment and labor cost. Such rates shall be approved by the City Manager with ratification by City Council. 1 5 6 ? 8 9 10 11 12 15 16 17 18 19 20 26 27 BE IT FURTHER RESOLVED that the rate schedules adopted by this Resolution shall be retroactive and effective as of October 1, 1994. All prior rate schedules in conflict herewith are repealed upon the effective date of the new schedule. All other contract conditions for service remain unaltered and in full effect. PASSED AND ADOPTED this roll call vote: day of , 1994 by the following AYES: NOES: ABSENT: ABSTAIN: Fred Schneiter, Mayor ATTEST: Cathy McKay, City Clerk B:RES! GARBAGE.FEE AGENDA SUMMARY ITEM NO. 9a DATE: October 19, 1994 REPORT SUBJECT: CONSIDERATION OF CITY TREASURER APPOINTMENT Pursuant to the City Council approved City Treasurer recruitment and appointment process, applications were accepted through 5:00 PM, October 12. Four individuals submitted applications by the deadline, though 11 application packages were taken out by citizens during the 30 day solicitation period. The four candidates are Patrick Coyne, Allan Johnson, Lee Lowery, and Ray Worster. The same process indicated that interviews would be held immediately prior to the October 19 City Council meeting. The interview panel was to include Bob Ranochak who is on vacation next week (October 17- 21). It was also recommended that 1/2 hour be allocated for each applicant, which would require commencing the interviews by 3:45 or 4:00 pm. In light of these facts, it does not appear reasonable to adhere to the initial schedule, but determine a better time and date for the interviews. Bob is continuing to perform City Treasurer duties on an interim basis through contract, so the necessity to immediatedly seat a replacement is not present. The total time for candidate consideration is estimated to be 2 1/2 hours, in an open, public forum. At this point Staff does not have a specific time or date to recommend. We will immediately notify the candidates when the decision is made. The actual appointment by the City Council will be scheduled for the next regular meeting following the interviews. Staff recommends that the City Council set the date and time interviews of the four City Treasurer candidates are to be conducted. RECOMMENDED ACTION: City Council set a specific date and time for interviews of the City Treasurer candidates. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine City Treasurer position is not to be filled, take no action to set interviews, and direct staff to initiate procedure to take over responsibilities. 2. Determine interviews are not necessary, discuss potential candidates, and set appointment as an agenda item for November 2 City Council meeting. Acct. No. (if NOT budgeted): Appropriation Requested: Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Acct. No.: City Treasurer candidates Michael F. Harris, AICP, Assistant to the City Manager Charles L. Rough, Jr., City Manager 1. Application by Patrick Coyne, pages 1-8. 2. Application by S. Allan Johnson, pages 9-14. 3. Application by Lee Lowery, pages 15-25. //)/4. ~APl~lica~b,n btY Ray Worster, pages 26-30. L Charles L. RougH, Jr. City Manager mfh:admin ASR TREASURER 10/19/94 .City of Ukiah CITY OF UKIAH APPLICATION FOR CITY TREASURER SEPTEMBER 1994 10-1 l-9q I am applying for appointment as the City Treasurer of the City of Ukiah. NAME: Patrick Coyne RESIDENCE ADDRESS: RESIDENCE PHONE: BUSINESS ADDRESS: EMPLOYER: 477 Luce Avenue, Ukiah, CA 95482 707-468-5523 BUSINESS PHONE: 707-462-9053 514 South School Street, Suite 105, Ukiah, CA 95482 COYNE ASSOCIATES POSITION/JOB TITLE: Owner/Financial Planner & Asset Manager EMPLOYED SINCE: 1982 RESIDED IN THE CITY OF UKIAH SINCE: 1982 RESIDED IN MENDOCINO COUNTY SINCE: 1981 Please list: 1) any community organizations or groups you have belonged to or are currently affiliated with, and any offices held; 2) any elected or appointed positions you have held; and 3) specific experience as a City Treasurer. Current Director of the Institute of Certified Financial Planners (ICFP)--S.F. Society Current board member for the Ukiah Senior Center Endowment Advisory Board UKIAH CITY PLANNING COMMISSIONER Commissioner--June 1986 to June 1989 ffatur When submitting this application, please attach a complete resume covering your education, career, and community experience. Also please answer the following questions as completely as possible on separate sheets of paper, and attach to this application. 10-12-94 Date COYNE ASSOCIATES Patrick Coyne, M.B.A., CFP Current Director of the Institute of Certified Financial Planners (ICFP)--S.F. Society Current board member for the Uldah Senior Center Endowment Advisory Board Master of Business Administration Degree--Finance Management 1981--Pepperdine University Bachelor of Science--Finance & Real Estate 1977--California State University, Long Beach Certified Financial Planner (CFP) 1983--College For Financial Planning Registered Investment Advisor (RIA) 1984--Security Exhchange Commission Licensed Real Estate Broker (CA) 1978--Department of Real Estate Certificated Cost Engineer 1978--Fluor Engineering Licensed General Contractor (#sssoss) 1989--Contractors Board Licensed Private Pilot (Instrument Rated) 1978--FAA COYNE ASSOCIATES Finance, Management & Real Estate Consultant--October 1982 to present UKIAH CITY PLANNING COMMISSIONER Commissioner--June 1986 to June 1989 FLUOR ENGINEERING AND CONSTRUCTION CORPORATION Construction Cost & Scheduling Engineer--June 1980 to May 1982 McDONNELL DOUGLAS CORPORATION Industrial Engineer--October 1979 to May 1980 City Of Ukiah 10-11-94 CITY OF UKIAH II APPOINTMENT OF CITY TREASURER APPLICATION QUESTIONNAIRE SEPTEMBER 7, 1994 1. Why did you apply to serve the City of Ukiah itt the capacity of City Treasurer? Answer: As a financial analyst and investment advisor of 12 years, I felt confident that I could make a meaningful contribution towards achieving the City of Ukiah's "cash asset portfolio" objectives of safety, liquidity and yield. 2. What experience do you have that qualifies you to carry out the duties and responsibilities of City Treasure ? Answer: In addition to being formally educated in finance (M.B.A. & B.S. in Finance), I have been managing investment portfolio's for over 12 years. Furthermore, I am a Certified Financial Planner (CFP) and a Registered Investment Advisor (RIA) with the Security Exchange Commission (SEC) and with the Department of Corporations in California. I employ Modern Portfolio Theory (MPT) techniques along with Capital Asset Valuation models in my practice. This includes comprehensive asset allocation modeling that involves the identification, risk & return analysis and acquisition of all types of investment assets. Because I am a Fee Only financial advisor, I have no affiliation or association with any financial institutions whatsoever. This eliminates any possible conflict of interest while managing portfolios. I will bring this same objectivity to the office of City Treasurer. Specifically, I have analyzed, evaluated and/or acquired the following single issue or mutual fund investments for various portfolios: · U.S. Government Treasuries (certificates, notes and bonds) · Corporate Bonds · Stocks · FNMA, FHLMC, GNMA mortgage backed securities · CMO's (collateral mortgage obligations) · Investment Derivatives · Third Party Investment Managers Real Estate (commercial & investment) · Mutual Funds (stock, bond & REIT's) · Limited Partnerships · Private Offering Memorandums Core to successful asset management is the ability to accurately assess the level of risk for a given rate-of-return. There are many types of rate-of-returns. Most of us are COYNE ASSOCIATES Page 1 of 4 Patrick Coyne, M.B.A., CFP Ci_ty Of Ukiah 10-11-94 familiar with the stated rate-of-return or coupon rate. However, the more meaningful rate-of-return for analytical purposes is the true current yield and/or yield to maturity rates, as it relates to debt instruments. In fact, asset management is about management risk. I have the technical and market skills to correctly asses risk and to effectively mitigate a great deal of it through the application of Modern Portfolio Theory and the use of Capital Asset Valuation models. Finally, I have the industry contacts that will allow for the lowest acquisition costs possible of future asset appropriations. 3. What is your understanding of the duties and responsibiBties of the City Treasurer ? Answer: The primary responsibility is for the management of the "cash asset portfolio" in accordance with the investment policy statement prepared by the City Council. Further, to meet with the appropriate department heads and to report regularly as to the status and performance of the portfolio. Also, when appropriate, make suggestions regarding policy, practice and procedures with regard to the portfolio. 4. What type of working relationship wouM you seek to establish with the City Council? City Manager? Finance Director? City Staff?. Answer: Inasmuch as the finance and investment industry is complex and the investment vehicles and techniques are perplexing, I have found with my clients--whether institutions or individuals--the best approach is a cooperative approach with direct emphasis on education and information. I also use a large dose of diplomacy and discreteness when dealing with money issues. This would be the same approach I would take as City Treasurer. 5. Do you currently conduct any business with the City as a vendor, supplier, or independent contractor? Answer: NO. 6. Please be specific in describing your experience in the management of a multifaceted investment portfolio. Answer: Please See Answer 2. 7. How extensive is your experience relating to municipal investing? Are you familiar with the State requirements associated with local government investments? Describe any previous experience with municipal government finances. COYNE ASSOCIATES Page 2 of 4 Patrick Coyne, M.B.A., CFP Ci~ Of Ukiah 10-11-9a. Answer: I have considerable experience in the evaluation and acquisition of municipal debt issues. I am not familiar with the State requirements associated with local government investments and I have never been involved in the issuing side of municipal debt instruments. 8. What is your opinion of the City's current im,estment portfofio, practices, policies, and philosophy: lYouM you change them and, if so, describe what these modifications wouM be ? Answer: Without the benefit of conducting a detailed analysis of the existing portfolio, my thoughts and opinions are of the most general in nature and are not meant to be a critic of the existing portfolio or the efforts made by the current City Treasurer. A detailed analysis would take up to 40 man-hours of time. Having said this, as City Treasurer, I would look at the following items as they relate to the portfolio: I would look at the CMO investments and evaluate their true impact on liquidity and their possible impact on the safety of the underlying principal. CMO's are a very complex mortgage derivative, that has proven to be very difficult to value. Consequently, there has been considerable price volatility for this type of investment in recent history. If there were a need to liquidate these types of investments prior to maturity, a real possibility of principal loss could exist. I would take a look at the government backed mortgage obligations (GNMA, FNMA & FHLMC) for current and expected yields. The real yields tend to vary because of the unpredictable nature of the underlying mortgages and because of what is happening in the interest rate market. Given the uncertainty surrounding current and near future interest rates, I would probably strive to reduce, somewhat, the average maturity holding period for the debt and mortgaged backed instruments. This would tend to lower the risk exposure of principal loss. In terms of overall risk, It's my opinion that the existing portfolio is at the higher end of the risk scale for a cash asset portfolio. This is neither good nor bad. If needed income dictates this level of risk, then the portfolio risk level is appropriate. , Would you describe your investment strategy as aggressive or conservative ? Answer: Conservative. The first step I take when evaluating an existing investment portfolio is to find ways to reduce risk within the portfolio. Then I strive to maximize the rate-of-return on the portfolio given the lowest level of risk obtainable. The primary goal COYNE ASSOCIATES Page 3 of 4 Patrick Coyne, M.B.A., CFP .City Of Ukiah 10-11-94 of any qualified asset manager is to bring the portfolio into balance with regard to risk and return. 10. Will you seek election to this office when its current term expires in two years? Answer: I do not believe so. I see this interim period as an opportunity to share with the City my skills, experience and knowledge as it relates to the finance and investment industry. I believe I can make a real contribution to the office of City Treasurer, contributions I believe that will carryover beyond the two year interim period. 11. Why sbouM the City Council appoint you to this position? Answer: It's an opportunity to introduce into the City Treasurer's office some advanced asset management techniques, methodologies and strategies that may not exist at the present. COYNE ASSOCIATES Page 4 of 4 Patrick Coyne, M.B.A., CFP 300 UKI/~H, CA 95482-5400 · ADMIN. 707/463-6200 · PUBI_IC SAFETY 463-6242/6274 · FAX # 707/463-6204 · September 12, 1994 In taking out an application for appointment as City Treasurer for the City of Ukiah, I have received a copy of the City's Mission Statement, Fiscal Year 1994-95 Budget, Organizational Chart, City Investment Policy, and City Investment Portfolio. rn~h:admln TREASURER ACCEPTANCE STATEMENT Are Here To Serve" 300 UKIAH, CA 95482-5400 · ADMIN. 707/463-6200 · PUBLIC .SAFEI~ 463-6242/6274 · FAX # 707/463-6204 · September 12, 1994 I understand that the City Council interviews of the City Treasurer applicants shall be conducted in open, public session, and that the interviews shall proceed in alphabetical order. Aisc, I voluntarily agree to wait in a room separate from the public interview session when other candidates are being individually interviewed by the City Council. In this way no single candidate will have a distinct advantage over another. rnfh:adrrin TREASURER PERMISSION STATEMENT Are Here To Serve" CITY OF UKIAH APPLICATION FOR CITY TREASURER SEPTEMBER 1994 I am applying for appointment as the City Treasurer of the City of Ukiah. NAME. 5. Allan Johnson RESIDENCE ADDRESS:... RESIDENCE PHONE' BUSINESS ADDRESS:. 280-Q ~=- -~=~-~= n. ~ah 468-9605 BUSINESS PHONE: EMPLOYER: POSITION/JOB TITLE:., EMPLOYED SINCE: Retired RESIDED IN THE CITY OF UKIAH SINCE:. 1988 RESIDED IN MENDOCINO COUNTY SINCE:. Please list: 1) any community organizations or groups you have belonged to or are currently affiliated with, and any offices held; 2) any elected or appointed positions you have held; and 3) specific experience as a City Treasurer. Past President, Vice-President and Secretary of the Ukiah Men's Golf Club. Served on the Ukiah Airport Commission. Served as a member of the Ukiah Community Forest Committee. 1>erved as a member ct tl~e ukian Long Range Golf Course Committee. Currently Vice-Chairman Ukiah City Golf Committee. Currently Chairman of the Ukiah Parks and Recreation Commission. I have never served as a City Treasurer. I did served as Treasurer of the City of '"" " · o ~,=~t ~,,~on for ,,~arly 22 yca~s. When submitting this application, please attach a complete resume covering your education, career, and community experience. Aisc please answer the following questions as completely as possible on separate sheets of paper, and attach to this application. 'Signature Date rnfh:adrnin TREASURER APPLICATION RESUME S. Allan Johnson 280-Q San Jacinta Dr. Ukiah, California 95482 (707) 468-9605 GOALS: EDUCATION: EMPLOYMENT: EXPERIENCE: OTHER: HEALTH: ACTIVITIES: HOBBIES: Meaningful Part-time Employment. High School. Heald Business College. Many individual classes over the years mainly business oriented. Wells Fargo Bank, San Francisco, 7 years. UARCO Incorporated Business Forms, 20 years. Masonite Employees Credit Union, 2 years. City of Ukiah Employee's Credit Union, 22 years. Smith Air Service, Ace Air Service, Gordon Air Service, l0 years. Self Employed Grape Grower, 22 years. Clerk. Accountant. Salesman. Sales Service Manager. Sales Promotion Manager. District Sales Manager. Credit Union Manager/Treasurer. Charter Pilot. Grape Grower. Some experience on word processor. Good. Ukiah Men's Golf Club (Secretary, Vice- president, President). Currently Chairman Ukiah Parks and Recreation Commission. Currently Vice-Chairman Ukiah Golf Committee. Member Ukiah Community Forest Committee. Member Ukiah Long Range Golf Course Committee. Past member Ukiah Airport Commission. Golf, flying, reading. -lO- CITY OF UKIAH APPOINTMENT OF CITY TREASURER APPLICATION QUESTIONNAIRE SEPTEMBER 7, 1994 . e Why did you apply to serve the City of Ukiah in the capacity of City Treasurer? What experience do you have that qualifies you to carry out the duties and responsibilities of City Treasurer? . . What is your understanding of the duties and responsibilities of the City Treasurer? What type of working relationship would you seek to establish with the City Council? City Manager? Finance Director? City Staff? . Do you currently conduct any business with the City as a vendor, supplier, or independent contractor? . Please be specific in describing your experience in the management of a multifaceted investment portfolio. ,, How extensive is your experience relating to municipal investing? Are you familiar with the State requirements associated with local government investments? Describe any previous experience with municipal government finances. o What is your opinion of the City's current investment portfolio, practices, policies, and philosophy? Would you change them and, if so, describe what these modifications would be? 9. Would you describe your investment strategy as aggressive or conservative? 10. Will you seek election to this office when its current term expires in two years? 11. Why should the City Council appoint you to this position? mfh:adrnin TREASURER QUESTIONNAIRE 1. I thought it would be interesting and challenging. Though retired I have a need to be mentally active and a meaningful part-time position such as this seems to be ideally suited to my purposes. 2. I have done many things during my working life, mostly business oriented, that I think gives me a fairly broad background to draw from. In addition, the twenty some odd years I served as Treasurer of the City of Ukiah Employees' Credit Union, though not as complex as the City's, gives me enough familiarity to understand the City's program. 3. The current Treasurer, Mr. Ranochak, graciously gave of his time to review with me the various duties and responsibilities of the City Treasurer. While we could not cover every detail in full I feel that he has given me a clear enough picture of what to anticipate. 4. Basically my approach would be goal-oriented. However, to achieve that I would seek cooperation from the Council, City management or Staff members that would assist me in achieving the goals of the City Treasurer. In turn I would offer any cooperation or assistance I could in the interest of main- taining a harmonious relationship with all parties. I would like to think my years of service on various City commissions and committees would bear this out. 5. No. 6. I have not managed a similar investment portfolio but during my years as &. treasurer for the City Employees' Credit Union I was responsible for main- 7. taining daily liquidity and investing surplus funds. Though more limited as to investment opportunities than the City, nevertheless the principle is the same. This is true for the City also in that the combination of City policy and Government Code place certain restrictions on the investment of surplus funds. Other than that I have no other experience with municipal government finances. I have obtained a copy of the Government Code with which to familiarize myself, and again, I believe my background gives me the basis and confidence to continue with the current investment program. 8. From what I see and from what I have been able to learn it appears to me that Mr. Ranochak has been running an excellent program. I would certainly want to continue his program until such time as it would appear a change or modification would be r~quired. 9. I would have to say conservative. I think I would be called conservative in in most things I do. 10. Yes. ll. I am an experienced, mature person. I do not take my responsibilities lightly, I am reliable. The position as City Treasurer would be my only committment. I would want to do my very best. I believe I can make a worthwhile contribution to the welfare of our wonderful City. I have the interest and the time. Thank You. Allan Johnson 300 UKI,~,H, CA 95482-5400 · ,~DMIN. 707/463-6200 · PUBLIC SAFETY 463-6242/6274 · FAX # 707/463-6204 September 12, 1994 In taking out an application for appointment as City Treasurer for the City of Ukiah, I have received a copy of the City's Mission Statement, Fiscal Year 1994-95 Budget, Organizational Chart, City Investment Policy, and City Investment Portfolio. SIGNED: · rnfh:admin TREASURER ACCEPTANCE STATEMENT '~Ve Are Here To Serve" 300 UKIAH, CA 95482-5400 · ADMIN. 707/463-6200 · PUBLIC SAFELY 463-6242/6274 · FAX Il 707/463-6204 September 12, 1994 I understand that the City Council interviews of the City Treasurer applicants shall be conducted in open, public session, and that the interviews shall proceed in alphabetical order. Also, I voluntarily agree to wait in a room separate from the public interview session when other candidates are being individually interviewed by the City Council. In this way no single candidate will have a distinct advantage over another. DATE rnfh:adrnln TREASURER PERMISSION STATEMENT Are Here To Serve" 945 Fairway Ukiah, CA 95482 (707) 468-5963 October 7, 1994 The Honorable Mayor Schneiter: Honorable Councilmen Malone, Mastin, Shoemaker, Wattenburger City of Ukiah 300 Seminary Avenue Ukiah CA 95482 Gentlemen: I am pleased to submit my request for consideration for appointment to the position of City Treasurer. I have enclosed, herewith, my application in response to your letter of direction, including my answers to your questions an~ my professional resume. I thank you for this opportunity and look forward to my interview with you. Sincerely, Leroy R. Lowery LRL/dh CITY OF UKIAH APPLICATION FOR CITY TREASURER SEPTEMBER 1994 I am applying for appointment as the City Treasurer of the City of Ukiah. NAME' Leroy R. Lower¥ RESIDENCE ADDRESS:, 945 Fairway Avenue, Ukiah CA 95482 RESIDENCE PHONE: (707) 468-5963 BUSINESS ADDRESS: Same BUSINESS PHONF' Same EMPLOYER: *Lowery Associates POSITION/JOB TITLE- Consultant EMPLOYED SINCE: 1952 RESIDED IN THE CITY OF UKIAH SINCE: 198o RESIDED IN MENDOCINO COUNTY SINCE:_ ~9R0 Please list: 1) any community organizations or groups you have belonged to or are currently affiliated with, and any offices held; 2) any elected or appointed positions you have held; and 3) specific experience as a City Treasurer. 1. Rotary Club of Ukiah, Director/Member; Meindocino College Athletic Booster Club..member, Ukiah Mem's Golf Club member 2. Growth Management Steering Committee, chairman/member; William a Chessall Scholar§hip Fund, Trustee; Mendocino County Community Foundation, Vice Pres- ident; Mendocino College Foundation, Secretary; Mendocino County Democratic Central Committee, member; Ukiah Valley-wide Task Force, chairman, ', California Conservation Corps, Ukiah Advisory Board, member; Mendocino County O.E.D.P., member. When submitting this application, . please attach a complete resume covering your education, career, and community experience. Also please answer the following questions as completely as possible on separate sheets of paper, and attach to this application. ignature "' - 'Date ' mfh:admin TREASURER APPLICATION * Retired, President Emeritus, Mendocino College o , o CITY OF UKIAH APPOINTMENT OF CITY TREASURER APPLICATION QUESTIONNAIRE OCTOBER 6, 1994 Why did you apply to serve the City of Ukiah in the capacity of City Treasurer? I believe that service as City Treasurer would be mutually beneficial to the City of Ukiah and to myself. I feel that I have the basic abilities to successfully discharge the responsibilities of this position, the capabilities of acquiring and/or extending necessary technical skills, and the demeanor to be a cooperative staff member. For me, personally, the position would be very interesting and challenging, and is of a scope which nicely fits with my personal and professional commitments. In short, I believe my service would be a "win-win" relationship for the City and for me. What experience do you have that qualifies you to carry out the duties and responsibilities of City Treasurer? My professional career covers over 38 years of full-time and four years of consulting experience. Included in those years, I served for over 25 years as chief finance or chief executive officer of public agencies or in a major staff role at the state level dealing with fiscal matters. While I do not claim direct city treasurer or extensive public investment experience, I believe that I have adequate professional and personal experience and knowledge to successfully perform the duties of this position. I have extended experience in working in the public sector. I understand working with and for a publicly elected board, with merit type system fellow staff, and the special relationship, including appropriate responsibilities and restraints, that are inherent in a position of public trust. What is your understanding of the duties and responsibilities of the City Treasurer? It is my understanding that the duties and responsibilities of the City Treasurer consist of two primary functions: a.) functioning as the City's investment officer, in conjunction with the City Director of Finance; b.) a monitoring function for major City income and expenditure activities. The Investment Policy of the City shall govern all actions taken as the investment officer. Also, close consultation with the Director of Finance, the City Manager, and other appropriate persons would be sought. 1 . . . . The monitoring function includes such activities as reconciliation of bank statements, assuring receipt of income as budgeted, and projecting planned and unanticipated expenditures. Performance of actions as are important to sound fiscal management and of assuring liquidity as may be required to meet financial obligations, shall be done. Achievement of such goals requires a close, cooperative working relationship with the Finance Department, City Manager, and other City personnel. What type of working relationship' would you seek to establish with the City Council? City Manager? Finance Director? City Staff? Although technically the Treasurer's is "... an officially elected city position ..." and by your organization chart, responsible only to the "citizens of Ukiah," I would seek to establish a relationship more of one of staff to the City Council, and a close working relationship with other City staff members. The City Council establishes policy and staff implements such policy. Therefore, as Treasurer, I would discharge my responsibilities consistent with the provisions of the City of Ukiah Investment Policy as established by the City Council. As Treasurer, I would work with the Finance Director and members of the City staff in a manner stressing cooperation, coordination, and open communication for our mutual benefit and that of the citizens. Do you currently conduct any business with the City as a vendor, supplier, or independent contractor? No. I am serving in a voluntary role as Chairman of the G.M.S.C. I hold a small position in a Ukiah Electrical Bond through Paine-Webber. Please be specific in describing your experience in the management of a multifaceted investment portfolio. As a private citizen, I have managed the investments of our family and, of several trusts, for approximately 25 years. These investments have and do include many of the same type of investments as permitted for the City plus others not so permitted. I believe I have been successful in these investment efforts. I have in the past and currently serve in a fiduciary capacity as an officer and/or member of several public type trusts and businesses. For my professional experience, please see #7 below. How extensive is your experience relating to municipal investing? Are you familiar with the State requirements associated with local government investments? Describe any previous experience with municipal government finances. 2 --. L$ - 10. 11. During my 20+ years of Community College administrative experience, my Districts were covered by and I am familiar with fundamentally the same law relative to financial investments as that which covers the City of Ukiah, i.e. Government Code, Chapter 4, Article 1, Section 53600 et. seq. Basically, the investments for which I was responsible were primarily with either the Local Agency Investment Fund or with a County Treasury. I have always completed a position with the school/college district(s) in significantly better fiscal position that when. I began, both in terms of capital improvements achieved and operational reserves increased. What is your opinion of the City's current investment portfolio, practices, policies, and philosophy? Would you change them and, if so, describe what these modification would be? In my opinion, the City's current investment practices, policies, and philosophy are sound, in compliance with the law, and fully appropriate for the fiscal well-being of the City and its citizens. Further, as I understand the current investment portfolio, it is in compliance with the City's Investment Policy, consists of sound securities, and is very successful. Based upon my current knowledge of the City's investment program, I have no suggestions for change. I am, though, curious as to why Certificates of Deposit are restricted to a one year maturity while all other investments are permitted three to five years unless restricted by statute to fewer years. Will you seek election to this office when its current term expires in two years? Yes, I would plan to seek reelection. Why should the City Council appoint you to this position? It is my view that if, at this time, the members of the City Council find that I am the best qualified applicant for the position, they should appoint me City Treasurer. As described above, I believe that I have the necessary abilities, experiences, opportunities, and desire to, in an efficient and effective manner, successfully discharge the duties and responsibilities of the position of City Treasurer. In doing so, I would be continuing to provide the citizens of Ukiah the high level of service that they have received in the past, are currently receiving, and which they rightfully deserve to receive in the future. LRL/dh 3 RESUME LEROY R. LOWERY 945 Fairway Avenue Ukiah, CA 95482 (707) 468-5963 PERSONAL DATA: Born 1930, Homestead, Pennsylvania Married 19:; 1, Ione Field Children: Sharon lone - (Mrs. Wm. Dacanay) Kerry Lee- (Mrs. James Thompson) Grandchildren: four (4) EDUCATIONAL BACKGROUND: 1966 1960 1952 1950 Doctor of Education Degree Master of Arts Degree Bachelor of Arts Degree Ass~x:iate in Arts Degree U.C. Berkeley Sacrmnento State College Sacramento State College Santa Monica City College Calif~,niia/fife General Administrative Credential California Life General Secondary Teaching Credential Califomi~ Life General Elementary Teaching Credential PROFESSIONAL EXPERIENCE; CONSULTANT, Lowery Associates (1990-Present) Provide consulting services to educational institutions on a broad range of professional activities. Specializes in Fiscal and Business operations; facility design and construction; furniture and equipment purchase. Special experience in California legislative and staff relations. Associated with f'mns providing the full range of services for educational programs and activities. SUPERINTENDENT/PRESIDENT_, Mendocino Community College District (1980 - 1990) Serve as the Chief Executive Officer with full responsibility for the organization and administration of the College and the District. Responsibilities include: direction of the instructional, business and operations, collective bargaining, student activities and community relations of the District. Serve as Secretary to the Governing Board. Responsible for the development and recon~mendation to the Governing Board of formal policies pertaining to the operation of the District. Develop administrative regulations implementing said policies, as necessary, for the efficient and effective operation of the District. Responsible for the coordination of the College programs, including instruction, formation of curricula, evaluation of all personnel and in-service training for all personnel, counseling program, student government and student activities. Direct and coordinate all activities dealing with relationships with other college-universities, high school districts, and all segments of the general community. PROFESSIONAL EXPERIENCE: (cont.) Page Two Leroy R. Lowery- Resume ASSISTANT SUPERINTENDENT- FINANCE, West Valley Joint Community College District (1970-1980) -- Provided management for the District relative to all aspects of the f'mancial activities and programs. Responsibilities included, but were not limited to analysis and presentation of the District annual budget and implementation thereof. Se'ved as fiscal representative to governmental agencies, community groups, and private institutions. Directed the District Police force, Facilities Planning and Construction, Facility Services, and Administrative Services. Supervised the Director of Classified Personnel for the District and was Affirmative Action Officer for classified personnel. Primary responsibility for all employee-employer relations and collective bargaining activities of the District. CHIEF CONSULTANT. CALIFO. RNIA STATE SENATE COMMIT'FEE ON_ EDUCATION (1967-70) Provided general "expertise" for members of the State Senate relative to all levels and aspects of public and private education. Responsibilities included, but were not limited to development and writing of legislation, preparation of analysis of all measures considered by the Senate Committee on Education directing the conduct of rcscarch studies for the Senate, answering written and verbal questions of Senators and staff personnel, drafting correspondence, speeches, and position papers (especially of a technical nature). Served in an executive secretary role for the Con~nittee dealing with all levels of legislature and executive personnel, school district trustees, administrators, and teachers, professional organizations, and general public groups and individuals. PART-TIME COMMUNITY COLLEGE INSTRUCTOR (1969, in addition to State Senate Position) Political Science Instructor PUBLIC SCHOOL ADMINISTRATOR, Rio Linda Union School District (1956-1967) A. Assistant Superintendent, Business and Finance for a school district of approximately 10,000 ADA; responsible for all district activities including, but not limited to: (1) Budget preparation and Administration, (2) Accounting, (3) Purchasing, (4) Capital Building Program, (5) Maintenance and Operations, (6) Transportation, (7) Cafeteria, (8) Preparation of all federal, state and county reports, (9) Supervision of all classified employees, numbering approximately 120. B. Elementary_ School Principal - School enrollments ranged from 400 to 800 ADA; performed duties relative to supervision, evaluation, and coordination of all building personnel; responsible for the educational program of the school; developed community relations activities with parent organizations. C. Director, Summer School and Summer Recreation Programs - Responsible for hiring personnel, planning programs, budgeting, purchasing, and general supervision of program operations, generally five (5) weeks duration for 1000 to 3000 students. _.TEA CHER, Elementary School Classroom Instruction, (1952-1956) MEMBERSHIPS Page Three Leroy R. Lowery Resume Association of California Community College Administrators Association of Chief Business Officials, California Community Colleges California Teachers Association National Education Association (Life Member) California Elementary School Administrators Association California Congress of Parents and Teachers Ca!ffonfia Association of SchooI Business Officials Phi Delta Kappa The Commonwealth Club of California Past Trustee, Santa Clara County Council Camp Fire, Inc. Past Director, Ukiah Rotary Club Past Director, North Highlands Rotary Club Past Trustee, William A. Chessall Scholarship Board of Directors, Mendocino Area, California Conservation Corps Chairman, Ukiah Valley Development Task Force Participant in community organizations and activities (American Field Services, United Crusade; Mendocino County Overall Economic Development Program) Ukiah Golf Club _MISCELLANEOUS Past Director, Education Alumni Society, University of California, Berkeley Contributing author, "Compensatory Education" in Oualitv Practice 1965 Author of articles in professional journals and publichtion~ (California School Boards,~ Elementm.'y Administrator, and others) Honorary Life Membership Award, California Congress of Parents and Teachers Past President, Board of Directors, Rancho Cordova Convalescent Hospital, Inc. Past Member, Board of Directors, Davis Community Hospital, Inc. Extensive speaking experience before professional and community groups Enjoy and participate in sports and athletics (golf, swimming, tennis, etc.) REFERENCES_ Senator Albert S. Rodda 3636 West Curtis Park Drive Sacramento, Califomia 95814 Mr. Jerry Hayward, Former Chancellor CALIFORNIA COMMUNITY COLLEGES Private Consultant-University of California 1130 K Street, S te LL 10 Sacramento, California 95814 (916) 456-3141 (916) 441-5062 REFERENCES: (cont.) Mr. Larry Jennings Former Instructor - Academic Senate President Businessman POB 581 Soquel, California 95073 Mr. Charles Mannon Attorney Bank President POB 419 Savings Bank Ukiah, California 95482 Page Four Leroy R. Lowery - Resume (408) 462-0222 (707) 468-9151 300 UKIAH, CA 95482-5400 · ADMIN. 707/463-6200 · PUBLIC SAFETY 463-6242/6274 · FAX # 707/463-6204 · September 12, 1994 In taking out an application for appointment as City Treasurer for the City of Ukiah, I have received a copy of the City's Mission Statement, Fiscal Year 1994-95 Budget, Organizational Chart, City Investment Policy, and City Investment Portfolio. SIGNED: NAME '~'-~' ~_~/2 ~,~~_~~ DA~E / mfh:admln TREASURER ACCEPTANCE STATEMENT '~X/e Are Here To Serve" 300 UKIAH, CA 95482-5400 · ADMIN. 707/463-6200 · PUBLIC SAFETY 463-6242/6274 · FAX # 707/463-6204 September 12, 1994 I understand that the City Council interviews of the City Treasurer applicants shall be conducted in open, public session, and that the interviews shall proceed in alphabetical order. Also, I voluntarily agree to wait in a room separate from the public interview session when other candidates are being individually interviewed by the City Council. In this way no single candidate will have a distinct advantage over another. SIGNED: NAME DAlE mfh:admln TREASURER PERMISSION STATEMENT '~,/e Are Here To Serve" CITY OF UKIAH APPLICATION FOR CITY TREASURER SEPTEMBER 1994 I am applying for appointment as the City Treasurer of the City of Ukiah. NAME- RAYMOND G. WORSTER RESIDENCE ADDRESS:. 115 s. SPRING STREET, UKIAH RESIDENCE PHONE: 462-0 ]_ 92 BUSINESS PHONE:468-0283 BUSINESS ADDRESS: 6a~ .q_ M~,T, .~q'~_~.,~ ~B UKIAH EMPLOYER:. SELF POSITION/JOB TITLE:, EMPLOYED SINCE: TAX PREPARATION 1974 RESIDED IN THE CITY OF UKIAH SINCE: 1972 RESIDED IN MENDOCINO COUNTY SINCE: 1968 Please list: 1) any community organizations or groups you have belonged to or are currently affiliated with, and any offices held; 2) any elected or appointed positions you have held; and 3) specific experience as a City Treasurer. SOUTH UKIAH ROTARY CLUB-CHARTER MEMBER, PRES, TREAS, BD OF DIR UKIAH VALLEY ASSOC HANDICAPPED-- BOARD MEMBER TRINITY SCHOOL ADVISORY COMMITTEE~PRES, BOARD MEMBER UKIAH SYMPHONY-BOARD MEMBERITREAS. CITY OF UKIAH REDEVELOPMENT AGENCY--ADVISORY BOARD MEMBER UKIAH UNIFIED SCHOOL DISTRICT'PRES, BOARD MEMBER MENDOCINO COUNTY RETIREMENT BOARDr MEMBER, INVESTMENT COMMITTEE MEMBER When submitting this application, please attach a complete resume covering your education, career, and community experience. Also please answer the following questions as completely as possible on separate sheets of paper, and attach to this Sign~tul[e 'Date mfh:admln TREASURER APPLICATION CITY OF UKIAH APPOINTMENT OF CITY TREASURER APPLICATION QUESTIONNAIRE SEPTEMBER 7, 1994 . . . . . . . . . 10. 11. Why did you apply to serve the City of Ukiah in the capacity of City Treasurer? I CONSIDER IT A CHALLENGE & AN OPPORTUNITY TO SERVE· What experience do you have that qualifies you to carry out the duties and responsibilities of City Treasurer? SIX YEARS COUNTY RETIREMENT BOARD What is your understanding of the duties and responsibilities of the City Treasurer? TO BE RESPONSIBLE FOR THE INVESTMENTS OF THE CITY OF UKIAH & THE UKIAH What type of working relationship would you seek to establish with the City Council? City ~ Manager? Finance Director? City Staff? AS CLOSE AS POSSIBLE. I DON'T LIKE TO r~ BEAT AROUND THE BUSH, EVERYONE SHOULD BE KEPT INFORMED. ~ Do you currently conduct any business with the City as a vendor,' supplier, or independent o~ contractor? NO :~ Please be specific in describing your experience in the management of a multifaceted investment q portfolio. SERVED ON INVESTMENT COMMITTEE COUNTY RETIREMENT BOARD WHICH ~ REWROTE INVESTMENT POLICY FOR THE BOARD r~ · Z How extensive is your experience relating to municipal investing? Are you familiar with the State ~ requirements associated with local government investments? Describe any previous experience with municipal government finances. NONE IN MUNICIPAL INVESTING. STATE REQUIRE- MENTS AS THEY APPLY TO SCHOOL DISTRICTS AND COUNTIES What is your opinion of the City's current investment portfolio, practices, policies, and philosophy? Would you change them and, if so, describe what these modifications would be? CURRENT PORTFOLIO LOOKS VERY GOOD. I SEE NO REASON TO ARGUE WITH SUCCESS ~)~o~u~oS~o¢%%~J~rSlbeC~JS~rG~Sve~,{"tf'n~Wst~8~¢: ~ acg~{~fS%~' or conservative? AGGRESSIVE IN SENSE THAT FUNDS SHOULD ALWAYS BE WORKING. CONSERVATIVE IN A R D TO. ¢,/~UTHA'TseeK elecllontotnls?°L'I C LES~, AND,,.LAWolllce wnen'MUSTlts ~c~rrer~t~rr~ expires in two years? ASSUMING THIS IS A WORKING RELATIONSHIP, YES Why should the City Council appoint you to this position? CITY COUNCIL SHOULD APPOINT THE BEST APPLICANT. IF THAT IS ME FINE, IF SOMEONE ELSE IS BETTER QUALIFIED SO BE IT. mfh'admin TREASURER OUES'FIONf4AtRE RESUME: RAYMOND G. WORSTER BORN: ST. JOHNSBURY, VT-RAISED FOXBORO MASS GRADUATE: DEERFIELD ACADEMY, DEERFIELD MASS. GRADUATE: OBERLIN COLLEGE, OBERLIN, OHIO B/A DEGREE ARMY SERVICE: 3YEARS U.S. ARMY, I~YEARS FAIRBANKS, ALASKA EMPLOYED: CALIF PACKING CORP (DEL MONTE) 6 YEARS AS CANNING FOREMAN. ~ EMPLOYED: INTERNAL REVENUE SERVICE-10YEARS AS REVENUE OFFICER SELF-EMPLOYED: REAL ESTATE SALES 4 YEARS SELF-EMPLOYED: TAX PREPARER 8 YEARS EMPLOYED: WORSTER/THOMPSON, INC PRES. 8 YEARS CURRENTLY SELF EMPLOYED AS TAX PREPARER, TAX ACCOUNTANT AND TAX CONSULTANT COMMUNITY EXPERIENCE STARTED IN CHICO WHEN CHILDREN STARTED SCHOOL. JOINED PTA AND WAS TREASURER OF LOCAL SCHOOL PTA. CAME TO UKIAH BECAME INTERESTED IN EDUCATION AT SCHOOL BOARD LEVEL, SERVED ON UKIAH. UNIFIED SCHOOL BOARD FOR NINE YEARS. WAS HEAVILY INVOLVED IN 9 BOND ISSUES AND THE FINANCING SURROUNDING THE CONSTRUCTION OF UKIAH HIGH SCHOOL. INITIATED THE SHARING OF INTEREST INCOME WITH COUNTY AND SCHOOL DISTRICT BEFORE IT BECAME STATE LAW. AS PART OF EMPLOYMENT WITH IRS, INITIATED VTA (VOLUNTEER INCOME TAX ASSISTANCE) PROGRAM WHICH IS STILL CARRIED ON TODAY. ALSO AT THIS TIME SERVED AS JUNIOR WARDEN HOLY TRINITY EPISCOPAL CHURCH. AFTER SERVING ON SCHOOL BOARD, DECLINED TO RUN FOR A FIFTH TERM. SERVED ON BOARD OF DIRECTORS OF UVAH. UVAH AT THE TIME WAS GOING THROUGH A RESTRUCTERING AND PARTICIPATED IN THAT FOR FOUR YEARS. WAS APPOINTED TO COUNTY RETIREMENT BOARD, SERVED 6 YEARS AND WAS INVOLVED IN UPDATING THEIR INVESTMENT POLICIES WHICH RESULTED IN SIGNIFICANT GAINS IN VALUE OF THEIR FUND. IN ADDITION TO THE ABOVE I HAVE SERVED ON UKIAH SYMPHONY BOARD, TRINITY SCHOOL ADVISORY BOARD AND AN ADVISORY BOARD TO THE UKIAH DEVELOPMENT AGENCY. 300 UKIAH, C~ 95482-5400 · ADMIN. 707/463-6200 · PUBLIC SAFELY 463-6,?.42/6274 · FAX # 707/463-6204 · September 12, 1994 In taking out an application for appointment as City Treasurer for the City of Ukiah, I have received a copy of the City's Mission Statement, Fiscal Year 1994-95 Budget, Organizational Chart, City Investment Policy, and City Investment Portfolio. SIGNED: NAME t DAIE mfh:admin TREASURER ACCEPTANCE STATEMENT Are Here To serVe'' 300 UKI,AH, CA 95482-5400 · Al)MIN. 707/463-6200 · PUBLIC SAFE'I~ 463-6242/6274 · FAX # 707/463-6204 · September 12, 1994 I understand that the City Council interviews of the City Treasurer applicants shall be conducted in open, public session, and that the interviews shall proceed in alphabetical order. Aisc, I voluntarily agree to wait in a room separate from the public interview session when other candidates are being individually interviewed by the City Council. In this way no single candidate will have a distinct advantage over another. ~S.[GNE~ mfh:admin TREASURER PERMISSION STATEMENT '~Ve Are Here To Serve" ITEM NO. lOa DATE: October 19, 1994 AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION OF RESOLUTIONS FOR ANNUAL LEAGUE OF CALIFORNIA CITIES CONFERENCE Again this year the League of California Cities Conference will include consideration of and action on a host (32) of far ranging resolutions. The packet from the League was forwarded to you the last week of September, but it is attached here also for your convenience. Traditionally the City Council has discussed these issues before the Conference to provide voting direction to the authorized delegate. Staff recommends the City Council consider the proposed resolutions and take a position on each so Vice-Mayor Shoemaker is aware of the Council's position. RECOMMENDED ACTION: Discuss and take a position on each proposed League of Cities resolution. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine policy direction is not necessary, do not discuss resolutions, and authorize Vice- Mayor to vote as he sees fit. 2. Determine consideration of any of the resolutions is not necessary and delete any discussion of this agenda item. Acct. No. (if NOT budgeted): Appropriation Requested: Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: 1. Acct. No.: NA League of California Cities ~~'~'. ~ r~'""~ ~,.,..,.L_' Michael F. Harris, AICP, Assistant to the City Manager Charles L. Rough, Jr., City Manager League Resolutions for consideration, pages 1-41. Charles L Rough, Sr City Manager mfh:admin ASR LEAGUE OF CITIES RESOLUTIONS 10/19/94 FUTURE September 19, 1994 MAYORS AND CITY MANAGERS MEMBERS OF THE LEAGUE BOARD OF DIRECTORS MEMBERS OF LEAGUE POLICY COMMITTEES MEMBERS OF GENERAL RESOLUTIONS COMMITFEE Note to Ci_ty Managers and City Clerks' Please make immediate distribution to the mayor and to other city officials planing to attend the 1994 Annual Conference. If additional copies are required, we urge you to reproduce them in your city. Additional copies are not available from the League, but copies will be available at the Conference. RE: TRANSMITTAL OF ANNUAL CONFERENCE RESOLUTIONS This packet contains: I. Information and Procedure Guidelines for Annual Conference Resolutions Location of Meetings Membership of General Resolutions Committee Preliminary History of Resolutions Annual Conference Resolutions II. III. IV. Ye Vie * ~ ~ * * * * * * * * ~ * * * * ~ * * * * * ~ * * PLEASE BRING THIS PACKET WITH YOU TO THE ANNUAL CONFERENCE '~ - - October 23-25, 1994 -- LONG BEACH - - - * * * * * * * * * * * * * * * * * * * * * * * ~ ~ -t - I. INFORMATION AND PROCEDURE Resolutions Contained in this Packet. The League Bylaws provide that resolutions shall be referred by the President to an appropriate policy committee for review and recommendation. Resolutions with committee recommendations shall then be referred to the General Resolutions Committee at the Annual Conference. This year 32 resolutions have been presented for consideration by the Annual Conference and referred to the League policy committees. Each of the policy committees met September 8 or 9 to review proposed resolutions and to formulate preliminary recommendations prior to the Annual Conference. The sponsors of resolutions were notified of the time and place of those meetings. This packet contains a copy of all resolutions that have been received and assigned to policy committees. The source of the resolutions, the policy committees to which they were assigned, and the preliminary recommendations of the policy committees to the General Resolutions Committee are indicated. The recommended actions reported in this packet are preliminary. Consideration of Resolutions at Conference. Another meeting of each policy committee will be held at the Annual Conference on Sunday. October 23. The location for each of these meetings is shown on page iv. During these hearings, any city official wishing to discuss any resolution will have an opportunity to address the policy committee concerned. The General Resolutions Committee will meet at 1:30 p.m. on Monday, October 24, in Room 104B of the Long Beach Convention Center, to consider the reports of the policy committees. The Committee includes at least one representative of each of the League's regional divisions, functional departments and standing policy committees. The General Assembly will convene at 9:30 a.m. on Tuesday, October 25, during the Annual Business Meeting in the Ballroom of the Long Beach Convention Center, to consider, the report of the General Resolutions Committee. Resolutions approved by the General Resolutions Committee and submitted to the General Assembly will retain the numbers assigned to them in this document. Initiative Resolutions, For those issues that develop after the normal 60-day deadline, a resolution may be introduced with a petition signed by designated voting delegates of 10 percent of all member cities (47 valid signatures required) and presented to the President of the League not later than 24 hours prior to the time set for convening the Annual Business Session of the General Assembly. This year, the deadline is Monday, October 24, 1994, 9:30 a.m. If the Parliamentarian finds that a petitioned resolution is substantially similar in substance to a resolution already under consideration, the petitioned resolution will be disqualified. Any questions concerning the resolutions procedure should be directed to Marian Avila in the Sacramento office of the League, 916/444-5790, ext. 224. Bob Bartlett, President League of California Cities Mayor, Monrovia II. GUIDELINES FOR ANNUAL CONFERENCE RESOLUTIONS Policy development is a vital and ongoing process within the League. The principal means for deciding policy on the important issues facing cities and the League is through the standing policy committees and the Board of Directors. The process allows for timely consideration of issues in a changing environment and assures broad access for city officials to both initiate and influence policy decisions. This influence may be exercised directly through participation as a policy committee member or as a city official visiting a committee meeting to advance a position on an issue under the committee's purview. If committee membership or personal attendance is not feasible, city officials may affect policy decisions indirectly through department or division representatives on the policy committees or the Board of Directors. Annual Conference resolutions constitute an additional process for developing League policies. It is recommended that resolutions adhere to the following criteria. Guidelines for Annual Conference Resolutions 1. The issue addressed in the resolution has a direct relation to municipal affairs. 2. The issue is not of a purely local or regional concern. . Generally, the recommended policy should not restate existing League policy. 4. The resolution should be directed at achieving one of the following objectives: (a) Focus public or media attention on an issue of major importance to cities. (b) Establish a general direction for the League by setting forth general principles around which more detailed policies may be developed by the policy committees and Board of Directors. (c) Consider important issues not adequately addressed by the policy committees and Board of Directors. (d) Amend the League Bylaws. iii ..,'~ .. III. LOCATION OF MEETINGS Policy Committee meetings will be as follows: Sunday. October 23. 1994. 10;30 a,m,- Noon Policy Committee Administrative Services Community Services Employee Relations Environmental Quality Housing, Community & Economic Development Public Safety Revenue and Taxation Transportation & Public Works Room Seaview C- Hyatt Regency Seaview A/B - Hyatt Regency Shoreline A/B - Hyatt Regency Regency E- Hyatt Regency 104B - Long Beach Convention Center Regency B - Hyatt Regency Regency A- Hyatt Regency 104C - Long Beach Convention Center General Resolutions Committee (Monday, October 24, 1994, 1:30 p.m.) 104B - Long Beach Convention Center >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> General Assembly at the Annual Business Meeting (Tuesday, October 25, 1994, 9:30 a.m.) Ballroom - Long Beach Convention Center IV. GENERAL RESOLUTIONS COMMITFEE League of California Cities 96th Annual Conference - Long Beach, October 23-25, 1994 Chair: Sedalia Sanders, League 2nd Vice President, Council Member, El Centro ~: William E. Thomson, Jr., Council Member, Pasadena Parliam~n(0rian: Judge Thomas M. Jenkins (Ret.), Superior Court, San Mateo County Madolyn Agrimonti, Mayor, Daly City Charles Belba, Council Member, Lomita Robert Berger, Planning Commissioner, San Leandro David F. Berto, Council Member, Santa Rosa Lara Blakely, Council Member, Mom'ovia Randal Bressette, Mayor Pro Tern, Laguna Hills Margaret Bruno, Mayor, Los Altos Anna Caballero, Council Member, Salinas Marilyn Callahan, Council Member, Crescent City Margaret Clark, Council Member, Rosemead Steven L. Dorsey, City Attorney, Norwalk, San Marino, Severo Esquivel, City Admini~trator, Pomona Regina Falkner, Community Services Director, Los Gatos Pat Figueroa, Vice Mayor, Mountain View Gil Garcia, Council Member, Santa Barbara Robert Gentry, Council Member, Laguna Beach Larry Hughes, Fire Chief, Modesto Marie Huson, Council Member, Rocklin Cormy Jamison, City Treasurer, San Diego David H. Johnson, Public Works Director, Santa Barbara Trixie Johnson, Council Member, San Jose Ginny Joyce, Council Member, Duarte Helen Kawagoe, City Clerk, Carson Bobbie Landers, Council Member, Orinda Richard Lang, Mayor, Modesto Paul W. Lawrason, Jr., Mayor, Moorpark Nancy Manners, Council Member, West Covina Thomas G. Mauk, City Manager, Whittier Phil Nyberg, Mayor Pro Tern, Fortuna Deborah Ortiz, Council Member, Sacramento Robin N. Parker, Vice Mayor, Sunnyvale Ron Parks, Council Member, Temecula Fran Pavely, Council Member, Agoura Hills Don Rae, Personnel Director, Lancaster Carolyn Ratto, Council Member, Turlock Paul H. Richards, III, Mayor, Lynwood Helen Rucker, Council Member, Seaside George Runner, Vice Mayor, Lancaster Joe Serna, Jr., Mayor, Sacramento Randy Snider, Council Member, Lodi David Snowden, Chief of Police, Costa Mesa Art Takahara, Council Member, Mountain View Laurie Tully-Payne, Council Member, Highland Mary Louise Vivier, Council Member, Visalia Mike Vonada, Fire Chief, Riverside Ruth Vreeland, Council Member, Monterey Dal Williams, Mayor Pro Tern, Vista Judy Wright, Council Member, Claremont Shirley Wysinger, Mayor, San Pablo v V. PRELIMINARY HISTORY OF RESOLUTIONS Resolutions have been grouped by policy committees to which they have been assigned. Please note some resolutions have been assigned to more than one committee. These resolutions are noted by this sign (,). KEY TO REVIEWING BODIES KEY TO ACTIONS TAKEN 1. Policy Committee - Preliminary A - Approve 2. Policy Committee- Final D - Disapprove 3. General Resolutions Committee N - No Action 4. General Assembly R ~ Refer to appropriate policy committee for study ACTION FOOTNOTES a - Amend * Subject matter covered in another resolution Policy Committee will make recommendation at October 23 meeting *** Existing League policy Aa - Amend and approve Aaa- Approve with additional amendment(s) Ra - Amend and refer as amended to appropriate policy committee for study Local authority presently exists Raa - Additional amendments and refer Da - Amend (for clarity or brevity) and Disapprove Na - Amend (for clarity or brevity) and take No Action W - Withdrawn by Sponsor vi [Note: Only those resolutions with an approve recommendation from the General Resolutions Committee are reported on the floor of the General Assembly.] -- Number Key Word In0~x Reviewing Body Action COMMITFEE ON ADMINISTRATIVE SERVICES 1 2 3 4 1 Absentee Ballot Applications Aa 2 Campaign Financing Regulations Aa 3 Term Limits for General Law Cities Aa 4 Contractor Bidding on Municipal Projects R 5 Recovery of Attorney Fees R* * * 6 Proposition 188 Aa 7 Open Meeting Law for State Legislature Aa 8 Part-time Legislature D 9 Policy Committee Voting D ,10 Youth Services Policy Committee R COMMITYEE ON COMMUNITY SERVICES 1 2 3 4 · 10 Youth Services Policy Committee R 11 Violence on Television Aa 12 Immigration Policies R · 13 Illegal Immigration R · 14 Sale of Pornographic Materials to Minors Aa · 15 Alcohol Rehabilitation Programs Aa 16 COMMIT'FEE ON EMPLOYEE RELATIONS 1 [ Health Care Reform I Aa I 2 3 4 vii Number Key Word Index Reviewing Body Action COMMITFEE ON ENVIRONMENTAl. QUAI<ITY ~ , 1 2 3 4 17 Voting Requirements for Air Board Representation A 18 Safe Drinking Water Act Aa 19 Recycled Water A ,20 Recycling Inner City Property--Brownfields A COMMITIEE ON HOUSING. COMMUNITY AND ECONOMIC DEVELOPMENT _ 1 2 3 4 ,20 Recycling Inner City Property--Brownfields Aa 21 Environmental Subdivisions ** 22 Residential Care Facilities ** ,23 National Aeronautics and Space Administration (NASA) A 24 Southwest Military Complex A COMMITTEE ON PUBLIC SAFETY ___ 1 2 3 4 ,13 Illegal Immigration Aa ,14 Sale of Pornographic Materials to Minors A ,15 Alcohol Rehabilitation programs Da 25 Determinate Sentences, Parole and Early Releases of Violent Offenders Aa 26 Confiscated Firearms A 27 Alley Access A viii Number Key Word Inqlex Reviewing Body Action COMMITFEE ON REVENUE AND TAXATION 1 2 3 4 28 Local Purchasing Preference D 29 Possessory Interest Tax A 30 Parks and Open Space Assessment District D 3 ! Interest-Free Loan Programs for Capital D Improvements COMMiTI'EE ON TRANSPORTATION AND PUBLIC WORK~e 1 2 3 4 ., v · ,23 National Aeronautics and Space Administration (NASA) A 32 Freeway Signage R RESOLUTIONS INITIATED BY PETITION Resolution General Committee Assembly Recommendation Action A:\table.94 VI. ANNUAL CONFERENCE RESOLUTIONS Resolu~i0n~ Referred to C0mmitte~ on Administrative Service,,- le RESOLUTION RELATING TO ABSENTEE BALLOT APPLICATIONS Source: City Clerks Department Referred to: Administrative Services Policy Committee Preliminary Recommendation to Resolutions Committee:Amend and Aovrov¢ Final Recommendation to Resolutions Committee: -- - WHEREAS, absentee ballots are an integral part of the electoral process; and WHEREAS, absentee ballots serve a critical need for those who cannot make it to the polls on election day; and WHEREAS, the electoral absent voter's ballot has been used increasingly by special consulting fn'ms, campaign committees, and individuals who encourage absentee voting; and WHEREAS, these special consulting firms, campaign committees, and individuals are permitted to receive these completed absent voter ballot applications and hold them for 36 hours (Elections Code S 1006.3) before returning these forms to the appropriate elections official or by the deadline, whichever is sooner; and WHEREAS, this procedure does not provide for the proper monitoring of this 36- hour holding period, which creates an unreasonable hardship and/or delay of the proper administrative handling of electoral affairs; and WHEREAS, this procedure has also resulted in excessive costs beyond those that would be incurred if the completed ballot applications were returned directly to the appropriate elections official early enough to be processed in an orderly fashion; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 25, 1994, that the League sponsor legislation to require that completed absentee ballot applications be submitted directly to the official who has jurisdiction over the election at least 14 days prior to the election; and be it further RESOLVED, that the League sponsor further appropriate legislation to enable absentee ballots to be mailed to the voters in sufficient time to accommodate this new proposed deadline for completed absent voter applications. 1 ---to- 2. RESOLUTION RELATING TO CAMPAIGN FINANCING REGULATIONS o.~_u.Z~: City Clerks Department Referred to_: Administrative Services Policy Committee Preliminary Recommendation to Resolutions Committee:Arnend and Approve Final Recommendation to Resolutions Committee: WHEREAS, the campaign financing regulations promulgated by the Fair Political Practices Commission (FPPC) have imposed a considerable financial burden on the cities of California; and WHEREAS, compliance with the mandates of the Political Reform Act of 1974 and the FPPC's interpretative regulations requires a significant commitment of municipal general fund monies; and WHEREAS, the results of the passage of Proposition 13 has imposed severe spending restraints on cities in California; and WHEREAS, it is urgent and essential that cities explore every avenue of cost cutting legally available to them; and WHEREAS, many cities are experiencing difficulty in fulfilling the mandates of FPPC regulations, which require an in-depth review of campaign reports filed; and WHEREAS, many city clerks face the dilemma of being unable to fulfill the duties imposed on them as filing officials due to lack of funds for adequate personnel; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 25, 1994, that the League establish a working committee, composed of city clerks, city attorneys, and other appropriate officials, to study how the intent of the Political Reform Act of 1974 could be achieved in more cost efficient ways; and be it further RESOLVED, that the committee be directed to focus on review of existing legislation and FPPC regulations with a view toward recommending changes to either legislation and/or regulations in an effort to reduce the excessive expense of complying with the Act and its regulations; and be it further RESOLVED, that the committee be authorized to request League staff assistance to initiate amending legislation or present proposed changes to regulations to the FPPC. 3. RESOLUTION RELATING TO TERM LIMITS FOR GENERAL LAW CITIES Source: City of La Puente Referred to: Administrative Services Policy Committee Preliminary Recommendation to Resolutions Committee:Amend and Approve Final Recommendation to Resolutions Committee: WHEREAS, the residents of many cities have either enacted term limits for members of their city councils, or have expressed a desire to enact such term limits; and WHEREAS, the State of California Courts of Appeal have held that the residents of general law cities do not have the authority to enact term limits for members of their city councils because the State Legislature has preempted the field of determining eligibility to serve on city councils of general law cities; and WHEREAS, legislation has been introduced in the Legislature which, if enacted, would authorize the residents of general law cities to enact term limits for members of their city council; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 25, 1994, that the League support legislation to authorize the residents of general law cities the option to enact term limits for members of their city councils. e RESOLUTION RELATING TO CONTRACTOR BIDDING ON MUNICIPAL PROJECTS Source: City of Carlsbad Referred to: Administrative Services Policy Committee Preliminary Recommendation to Resolutions Committee:Refer Final Recommendation to Resolutions Committee: WHEREAS, litigation is becoming more common between local government agencies and contractors regarding construction of capital projects; and WHEREAS, cities are encountering increased difficulties in project management issues with contractors which are involved in legal proceedings against those cities; and WHEREAS, those difficulties often lead to additional claims against cities; and WHEREAS, such claims are increasing the cost to taxpayers for completing capital projects in their cities; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 25, 1994, that the League support legislation prohibiting contractors from bidding on municipal construction projects if they are involved in legal proceedings against that municipality. 3 5. RESOLUTION RELATING TO RECOVERY OF ATTORNEY FEES Source: City of Carlsbad Referred to: Administrative Services Policy Committee Preliminary Recommendation to Resolutions Committee:Refer, Existing League Policy Final Recommendation to Resolutions Committee: WHEREAS, cities are increasingly being targeted by litigation which is often frivolous; and WHEREAS, state law prevents cities from recovering attorney fees in most cases in which the city is found to be not at fault; and WHEREAS, allowing cities to recover attorney fees will prevent numerous frivolous cases from being brought against them; and WHEREAS, allowing cities to recover attorney fees will allow them to expend those funds on programs that will better benefit residents of those cities; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 25, 1994, that the League support legislation to allow cities to recover attorney costs incurred as a result of cases in which the city is found to be not at fault. 6. RESOLUTION RELATING TO PROPOSITION 188 Source: City of San Jose Referred to: Administrative Services Policy Committee Preliminary Recommendation to Resolutions Committee:Amend and Approve Final Recommendation to Resolutions Committee: WHEREAS, the State Legislature has recently enacted an amendment to the Labor Code (AB 13 o T. Friedman, Chapter 310, Statutes of 1993), which comprehensively regulates smoking on a statewide basis as a matter of worker safety for enclosed places of employment; and WHEREAS, consistent with existing League policy, AB 13 establishes a minimum statewide standard for smoking in enclosed places of employment and authorizes local governments to enact additional smoking regulations in areas that any city determines are not adequately regulated by state law; and WHEREAS, prior to the passage of AB 13, over 300 California cities enacted local ordinances regulating smoking in order to protect public health in response to public concern about the effects of secondhand smoke and access to tobacco products by minors; and 4 WHEREAS, the manufacturers and sellers of tobacco have qualified a ballot initiative entitled "SMOKING AND TOBACCO PRODUCTS" (Proposition 188 on the November 1994 ballot), which would substantially weaken the statewide regulations enacted by AB 13, completely destroy the ability of local government to regulate smoking or the sale of tobacco products via vending machines to minors and preempt all existing and future local tobacco control ordinances; and WHEREAS, the initiative is an attempt to attack local efforts to protect against the public health concerns caused by smoking; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 25, 1994, that the League reaffirm its opposition to the Smoking and Tobacco Products Initiative (Proposition 188 on the November 1994 ballot), which is sponsored by the tobacco industry as an attempt to weaken laws regulating smoking; and be it further RESOLVED, that the League and its members make every effort to inform elected officials, the news media, and the public about the true nature of the efforts behind Proposition 188 to ensure its ultimate defeat. e RESOLUTION RELATING TO OPEN MEETING LAW FOR STATE LEGISLATURE Source: Orange County Division Referred to: Administrative Services Policy Committee Preliminary Recommendation to Resolutions Committee: Amend and Approve Final Recommendation to Resolutions Committee: WHEREAS, the success of democracy greatly depends upon the ability of those being governed to administer a careful watch of the elected and appointed officials doing the governing; and WHEREAS, there is no levei of government where this is better practiced than at the local level, where residents freely participate in the governing of cities; and WHEREAS, cities have an impressive record of participatory democracy, cities throughout California, in the public interest, adhere to the requirements of the Ralph M. Brown Act, as established and subsequently amended by the State Legislature; and WHEREAS, some of the requirements of the Act have in fact had the effect of making local government even more open to our residents, and it appears that several of these measures may well apply to the State Legislature, particularly in relation to committee hearings, thereby enhancing the democratic process at the state level; and WHEREAS, since individuals planning to testify before State legislative bodies spend considerable effort to prepare for their limited access to the process and often must travel considerable distance to do so; and 5 WHEREAS, some of the more obvious applications of open meeting laws that could improve the process include: 1. The setting and posting of agendas, including the establishing of consent calendars at least 72 hours prior to consideration of matters; and 2. The placing of a reasonable limit on the number of times an author may pull a bill for the purpose of delaying action to a subsequent meeting; and 3. On the occasion where legislative action is to'be delayed, allowing proponents opponents of bills to at least have their positions publicly recognized, since they may not and have the ability to return for the next scheduled meeting; and WHEREAS, there are probably numerous other means to improve the legislative process to increase participation of individuals and organizations who may not have their resources to dedicate full-time commitment to the working of the Legislature; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 25, 1994, that the League prepare a list of constructive open meeting law recommendations applicable to the State Legislature for presentation to the appropriate state bodies for consideration. Se RESOLUTION RELATING TO PART-TIME LEGISLATURE Source: Inland Empire Division Referred to: Administrative Services Policy Committee Preliminary Recommendation to Resolutions Committee:..Disapprov¢ Final Recommendation to Resolutions Committee: WHEREAS, the State of California has maintained a full-time Legislature, since a constitutional amendment, Proposition IA, was passed in 1966; and WHEREAS, the State Legislature has seen a tremendous increase in administrative costs and bills introduced in the last thirty years; and WHEREAS, the State Legislature introduces in excess of 3,000 bills each year; and WHEREAS, the cost of introducing and processing legislation costs up to $6,000 per bill; and WHEREAS, the state spends over $134 million yearly in administrative costs, including legislative salaries, staff salaries, facilities and maintenance, and per diems; and WHEREAS, by maintaining a full-time Legislature it discourages business, professional, and other people from becoming elected officials; and WHEREAS, by having a part-time Legislature, representatives would have additional time to stay in their districts and concentrate more effort on local problems and issues; now, therefore, be it RESOLVED, by the General Assembly of the LeagUe of California Cities assembled in Annual Conference in Long Beach, October 25, 1994, that the LeagUe sponsor a ballot measure that would change the California Constitution and thereby return the California State Legislature to a part-time status (defined as "meeting no more than 90 days per year"). e RESOLUTION RELATING TO POLICY COMMITTEE VOTING ~S_o.M~: Desert-Mountain Division Referred to: Administrative Services Policy Committee Preliminary Recommendation to Resolutions Committee:DisaDt~rov? Final Recommendation to Resolutions Committee: -- WHEREAS, the LeagUe of California Cities is an organization of cities formed for one purpose of uniting their efforts in molding public policy; and WHEREAS, the League of California Cities is composed of 15 Divisions, formed to allow representation of geographic areas of common interest; and WHEREAS, each of the member cities by law operates on the principle of majority rule establishing policy for each agency; and WHEREAS, the policy committee review and recommendation process for the LeagUe of California Cities confers voting privileges on individuals not appointed by the division membership; and WHEREAS, as a result of the current appointment process for policy committees, which allows unlimited presidential appointments and department members, the division delegates are a voting minority; and WHEREAS, the policy committee review and recommendation process has resulted in recommendations for adoption of League policy being brought forward that reflects an opinion of special interest groups, rather than the division delegates; now, therefore, be it RESOLVED, by the General Assembly of the LeagUe of California Cities assembled in Annual Conference in Long Beach, October 25, 1994, that the LeagUe amend its bylaws to provide for policy committee voting to include only those delegates or alternate delegates duly appointed by the recognized divisions of the League of California Cities; and, be it further RESOLVED, that the League of California Cities' bylaws be amended to provide that presidential appointments and department appointments be classified as non-voting, and limited to no more than one presidential appointment from each division and one member from each LeagUe department. 7 RESOLUTION RELATING TO YOUTH SERVICES POLICY COMMIT'FEE Source: Community Services Policy Committee Referred to: Administrative Services Policy Committee and Community Services Policy Committee Preliminary Recommendation of Administrative Services Committee Refer Preliminary Recommendation of Community Services Committee: Refer Final Recommendation to Resolutions Committee: WHEREAS, the Board of Directors of the League of California Cities has designated children, youth, and families as a priority focus for cities in the mid-nineties; and WHEREAS, the welfare of our children is of critical importance to all citizens; and WHEREAS, according to Children Now and other recognized organizations committed to the well-being of children, California's children are more likely to grow up poor, have babies as teenagers, be victims of homicide, and be unemployed, than other children in the United States; and WHEREAS, the past four years has shown a 59 percent increase in the youth homicide rate; a 23 percent increase in the teenage birth rate; and an 81 percent increase in the youth unemployment rate; and WHEREAS, for too many children there are no safe havens; home, school, or the streets present challenges beyond their abilities leading today's children to find their "care" in gangs or tagging teams, an alternative "family" where they can find comfort, belonging, and self-esteem, or through escaping life's realities through drug and alcohol use; and WHEREAS, neglecting the needs of our children has costly and tragic consequences, including exposure to the "revolving door" of incarceration resulting in potentially little or no rehabilitation at a cost of $20,000 of tax dollars spent per inmate each year; and WHEREAS, overwhelming.public sentiment as well as state and federal legislative imperatives have demanded law enforcement solutions to problems which law enforcement has no ability to correct, resulting in ever-higher incarceration rates with only minimal reductions in crime and violence in our cities; and WHEREAS, California must act immediately in partnership with educational and religious institutions, the business community, all segments of the population including youth- serving nonprofits, and all citizens under the leadership of the Governor and the State Legislature to reverse the crisis of crime by proactively committing to real solutions to the problems faced in all our cities; and WHEREAS, the League, through its policy committee structure, provides a focal point for the discussion of all issues confronting cities and reviews and recommends legislation and appropriate actions to the League Board of Directors; now, therefore, be it 8 RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 25, 1994, that the League establish a Youth Services Policy Committee; and be it further RESOLVED, that the League collectively and its cities individually pursue policies, collaborations, and financial resources which will enhance alternative prospects for children and youth, strengthen families and, over time, provide for safe and liveable communities. Resolutions Referred to Committee on Communi~ Services ,10. RESOLUTION RELATING TO YOUTH SERVICES POLICY COMMIE Jointly referred - See Resolution # 10 in Administrative Services for recommendations of both Committees. 11. RESOLUTION RELATING TO VIOLENCE ON TELEVISION ~5..O.M_C&: Orange County Division Referred to: Community Services Policy Committee Preliminary Recommendation to Resolutions Committee:.. Amend and Aoorove Final Recommendation to Resolutions Committee: -- WHEREAS, studies demonstrate that a direct correlation exists between the stimulus that young people receive from television and their attitudes and behavior; and WHEREAS, the megatrend toward increasing incidents of violence in America can be attributed, in part, to an increase in the frequency and severity of violent acts on television; and WHEREAS, the role that violent scenes contribute to the integrity of television programs is often negligible; and WHEREAS, graphic violence serves to perpetuate a wide-spread misconception that physical altercation represents an acceptable method of resolving conflict; and WHEREAS, in recognition of the harmful effects of television violence, federal legislators have initiated a drive to curtail television violence; and WHEREAS, cities are deeply concerned about the epidemic toward violence that is occurring in our nation and believe that a reduction in television violence will serve as a fundamental step toward reducing violent crime; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 25, 1994, that the League urge the National League of Cities to support legislation to curtail violence on television; and be it further 9 RESOLVED, that the League urge the National League of Cities to urge Federal Communications Commission to curtail television violence, thereby reducing the residual effect of violent crime in real life. 12. RESOLUTION RELATING TO IMMIGRATION POLICIES Source: Orange County Division Referred to: Community Services Policy Committee Preliminary Recommendation to ReSolutions Committee: Final Recommendation to Resolutions Committee: Refer WHEREAS, the U.S. Conference of Mayors, at the request of its Special Task Force on Immigration, has conducted a survey to assess the impact of immigration on America's cities and identify key issues relating to immigrant policy for city officials; and WHEREAS, 78 cities surveyed found that immigrants contribute significantly to the economic and cultural vitality of our cities and our nation principally through increased economic development, the increased availability of both skilled and unskilled labor and social and cultural contributions to the community; but during their first few years in this country, often need assistance in adjusting to a new language and culture and in finding employment; and WHEREAS, immigrants enter the country as a result of federal immigration policy but state and local governments, along with private agencies and sponsors, bear much of the cost of providing this needed assistance; and city governments in nearly one-third of the cities surveyed help new immigrants to resettle; and WHEREAS, the cost of providing services such as public health, education, welfare, social services, and criminal justice to immigrants has escalated at an alarming rate, now reaching into the billions of dollars, while decreasing revenue is a prevailing trend at the local level; and WHEREAS, this cost constitutes another "unfunded mandate" by the federal government on state and local governments; and WHEREAS, several proposals currently pending in Congress would cut off federal benefits and other forms of assistance to non-citizens, thus shifting the costs for this assistance to state and local governments; and WHEREAS, the surveyed cities have called for increased resources for the Border Patrol to enable tighter control of the nation's borders; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 25, 1994, that the League recognize the significant contributions immigrants have made to America's cities; and be it further 10 RESOLVED, that the League call for increased federal financial assistance to cities in order to assist them in providing services to immigrants so that many of the problems cities have experienced due to their presence can be alleviated; and be it further RESOLVED, that the League strongly oppose any effort now, or in the future, that would reduce federal assistance to non-citizens; and be it further RESOLVED, that the League call for tighter control of the nation's borders to stem the flow of illegal immigration, while still honoring basic human rights; and be it further RESOLVED, that the League support the establishment of procedures to facilitate the legal crossing of the border by those who have legitimate reasons for visiting the neighboring country, thus allowing agencies to focus on those whom law enforcement must properly contain. 13. RESOLUTION RELATING TO ILLEGAL IMMIGRATION Source: Orange County Division Referred to: Community Services Policy Committee and Public Safety Policy Committee Preliminary Recommendation of Community Services Committee: Refer Preliminary Recommendation of Public Safety Committee: Amend and Approve Final Recommendation to Resolutions Committee: WHEREAS, the escalating numbers of illegal immigrants crossing the border into California are creating severe negative fiscal and social impacts upon state and local governments; and WHEREAS, statistics indicate the border between Mexico and the United States at San Diego, California to be the busiest border crossing in the world, with approximately 50 percent of the total United States undocumented immigrant traffic entering at the San Diego border crossing; and WHEREAS, the close proximity of the INS Border Patrol checkpoint to south Orange County, coupled with facilities inadequately equipped to detain illegal immigrants at the checkpoint have sometimes resulted in high speed chases that endanger the lives of citizens; and WHEREAS, the state and local cost of providing public services, such as criminal justice, public health, education, and social services to illegal immigrants, estimated to be $5 billion, has escalated at an alarming rate, while decreasing revenue continues to be the prevailing trend at the local level; now, therefore, be it [Community Services version] RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 25, 1994, that the League urge the federal government to establish an INS Border Patrol checkpoint that can adequately detain the influx of illegal immigrants, thereby enhancing enforcement and the safety of our citizens; and be it further RESOLVED, that the League forward a copy of this resolution to the U.S. Senate and House of Representatives. [Public Safety version] RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 25, 1994, that the League urge the federal government to establish an INS Border Patrol checkpoint at the border crossing that can adequately deter the influx of illegal immigrants, thereby enhancing enforcement and the safety of our citizens; and be it further RESOLVED, that the League forward a copy of this resolution to the U. S. Senate and House of Representatives. 14. RESOLUTION RELATING TO SALE OF PORNOGRAPHIC MATERIALS TO MINORS Source: Orange County Division Referred to: Community Services Policy Committee and Public Safety Policy Committee Preliminary Recommendation of Community Services Committee: Amend and Approve Preliminary Recommendation of Public Safety Committee: Approve Final Recommendation to Resolutions Committee: WHEREAS, the California Legislature has established a comprehensive statutory scheme regulating the sale of pornographic and harmful matter to minors; and WHEREAS, the California Legislature has preempted the right of local entities to adopt ordinances regulating the sale of harmful matter to minors but has granted cities and counties limited authority to adopt ordinances requiring partial blockage of the display of material harmful to minors (blinder racks); and WHEREAS, the installation of blinder racks is not an effective method of restricting or preventing the sale to minors of harmful matter displayed in newsracks; and WHEREAS, recent court rulings have restricted the right of cities and counties to adopt restrictions on newsracks, and many of the newspapers and periodicals displayed in newsracks contain valuable information that should be available to minors and adults alike; and WHEREAS, the courts have ruled that the Legislature has the legal authority to adopt statutes restricting the sale and display of harmful matter to minors that are broader and more restrictive than those applicable to adults; now, therefore, be it [Community Services version] RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 25, 1994, that the League draft and support legislation, consistent with constitutional, statutory, and decisional law, that will establish the maximum permissible restrictions on the sale and display of harmful and pornographic material to minors including, without limitation, the sale and display to minors of harmful material. [Public Safety version] RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 25, 1994, that the League draft and support legislation, consistent with constitutional, statutory, and decisional law, that will establish the maximum permissible restrictions on the sale and display of harmful and pornographic material to minors including, without limitation, the sale and display to minors of harmful material through newsracks, vending machines, and other medium unsupervised by adults. 15. RESOLUTION RELATING TO ALCOHOL REHABILITATION PROGRAMS Source: Community Services Policy Committee Referred to: Community Services Policy Committee and Public Safety Policy Committee Preliminary Recommendation of Community Services Policy Committee: Amend and Approve Preliminary Recommendation of Public Safety Policy Committee: Amend and Disapprov~ Final Recommendation to Resolutions Committee: WHEREAS, it would benefit cities to develop a more constructive alternative for people arrested for public inebriation and driving under the influence of alcohol; and WHEREAS, in providing an alternative to booking at the time of initial arrest, the treatment goals of the program should be to conduct substance abuse assessments, make available substance abuse information and education materials to all clients, and facilitate successful recovery referrals for clients; and WHEREAS, under a program such as this, persons accused of drunk driving or public inebriation would be issued citations and admitted to a treatment facility, but not booked into a county jail, thus reducing booking fees and time spent by peace officers booking arrestees into county jail; and WHEREAS, this specific program should provide an opportunity to take a closer look at the population of people arrested for public inebriation and drunk driving; and WHEREAS, this program in no way allows the arrestee avoidance or delay of jail for conviction of charges for public inebriation and/or driving under the influence; nor does it preclude the arrestee from future court appearances for said charge(s); it does, however, provide a more constructive alternative for a positive outcome for the individual and the 13 community by lessening the lost human potential, as well as reducing the costs that are associated with alcohol abuse; and WHEREAS, peace officers bringing persons charged with violation of § 23152 of the California Vehicle Code, and or § 647(0 of the California Penal Code, who otherwise would qualify to receive a citation in lieu of arrest, should be encouraged into such a program where appropriate; now, therefore, be it [Community Services version] RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 25, 1994, that the League support state funding for optional programs that provide an alternative to booking at the time of initial arrest and more constructively address substance abuse. [Public Safety version] RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 25, 1994, that the League support legislation and state funding for programs that provide an alternative to booking at the time of initial arrest and more constructively address substance abuse. Resolutions Referred to Committee on Employee Relations 16. RESOLUTION RELATING TO HEALTH CARE REFORM Source: Employee Relations Policy Committee Referred to: Employee Relations Policy Committee Preliminary Recommendation to Resolutions Committee: Amend and Approve Final Recommendation to Resolutions Committee: WHEREAS, the League of California Cities Employee Relations Policy Committee supports the following principles of health care reform: security, savings, simplicity, choice, quality, and responsibility; and WHEREAS, the Employee Relations Policy Committee cannot support any single plan because there are so many plans being touted at present, some of which are undeveloped; and WHEREAS, since costs are uncertain, the Employee Relations Policy Committee cannot support one plan over another; and WHEREAS, the Employee Relations Policy Committee supports the concept of universal access to health coverage with a mandated minimum level of coverage for all Americans with no exceptions; and WHEREAS, because many public agencies provide a contribution for full-time employees, a statutory requirement is in conflict with the League's position that such matters should be handled at the bargaining table; and WHEREAS, the Employee Relations Policy Committee strongly believes that the cost of medical coverage for undocumented persons not be borne by state or local government because it is a federal problem that must be addressed properly at the federal level; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 25, 1994, that the League support health care reform which includes the following principles: A. There should be an absolute minimum of regulation and bureaucracy at all levels of government. B. There should be local flexibility to implement the broad policies of a reform program. C. Concurrent with health care reform, there should be tort reform in the malpractice arena by means of alternative dispute resolution and caps on punitive damages. D. Concurrent reforms in education and training to broaden the number of qualified health care workers should be included. E. There should be a minimum of forms, reports, surveys, analyses, etc., at the governmental level. F. All sectors of the population should be covered, including military, federal employees, and Medicare recipients. G. The private sector should be the predominant health care service provider; and be it further RESOLVED, that the League take the following positions related to funding the health care reform: A. Workers' compensation and automobile insurance medical payments are considered to be good subjects for further review and possible integration into the reform as universal reform could provide such coverage. B. Medicare and Medicaid funds, county health care funds, and other entitlements or specific use medical funds should be identified and shall first be made available to be utilized to cover the costs of premiums for non-working users. C. Funding should come from "B" above, and if a gap still exists then the allowable costs for services should be adjusted. 15 D. Employer responsibility for premiums shall be at the employer's option. E. Retiree coverage shall be at the option of the employer. F. Loans and grants are encouraged to develop the health care system infrastructure, such as education of health care workers, health care facilities, consumer education, areas of no- or low-access. They should not be restricted to purposes related to "poverty, race, disadvantaged status." G. Preventive care and less costly alternatives such as hospice and home care should be emphasized. H. Participants should have a choice of medical providers and services, possibly at an additional cost. Resoluti0n$ Referred tO l~0mmitte~ on Environmental Quality 17. RESOLUTION RELATING TO VOTING REQUIREMENTS FOR AIR BOARD REPRESENTATION Source: Orange County Division Referred to: Environmental Quality Policy Committee Preliminary Recommendation to Resolutions Committee:Approve Final Recommendation to Resolutions Committee: WHEREAS, the passage of the federal Clean Air Act and the California Clean Air Act established ambient air standards for a range of pollutants across the country and in California; and WHEREAS, the South Coast Air Basin (Los Angeles and Orange Counties, Riverside County east to the Palo Verde Valley, and the non-desert portions of San Bernardino County) has been classified as an extreme non-attainment area under federal and state air quality standards; and WHEREAS, in 1975, the State Legislature formed the South Coast Air Quality Management District (SCAQMD) to improve the air quality in the South Coast Air Basin; and WHEREAS, the introduction of local government transportation control measures in the 1989 and 1991 Air Quality Management Plans (AQMP) created requirements that significantly impact local government and its constituents; and WHEREAS, it is imperative that the continued participation of local government is ensured during the development of the 1994 AQMP and future updates to the AQMP; and WHEREAS, a 12-member board governs the SCAQMD and includes one city selection appointee from Orange, Riverside, and San Bernardino Counties and from the eastern and western region of Los Angeles County; and WHEREAS, current law requires the SCAQMD city appointment of a new member, or the replacement of an existing city member when their term expires, receive support from 2/3 of the cities with 2/3 of the incorporated population; and WHEREAS, this requirement is applicable only to the SCAQMD and not to California's other 46 air districts; and WHEREAS, beginning on July 1, 1994, the city membershiP of the governing board of each unified air district formed on or after that date shall be approved by a majority of the cities representing a majority of the population; and WHEREAS, Orange County cities have cast numerous ballots in an effort to seat their SCAQMD Board representative, and eastern Los Angeles County cities have been unrepresented since December 1993, due to an inability to achieve a 2/3 vote in support of one representative; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 25, 1994, that the League sponsor legislation lowering the vote threshold for SCAQMD city representatives from 2/3 of the cities representing 2/3 of the county's incorporated population to a majority of the cities representing a majority of the county's incorporated population. 18. RESOLUTION RELATING TO SAFE DRINKING WATER ACT Source: Los Angeles County Division Referred to: Environmental Quality Policy Committee Preliminary Recommendation to Resolutions Committee:Amend and Approve Final Recommendation to Resolutions Committee: WHEREAS, the United States Congress is considering the amendment and reauthorization of the Safe Drinking Water Act (Act); and WHEREAS, the Act has a large impact on California cities' level of water quality and the costs of achieving and/or maintaining that level; and WHEREAS, support of a specific bill which may or may not gain full consideration by the Congress may be premature and/or inappropriate at this time; and WHEREAS, identifying key principles that the League of California Cities would like to see in any legislative proposal addressing the Safe Drinking Water Act is a more effective course of action; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 25, 1994, that the League support the inclusion of the following principles in any Safe Drinking Water Act Reauthorization: 1. Require the U.S. Environmental Protection Agency (USEPA) to maintain existing contaminant standards and continue its oversight of state drinking water programs; and 2. Require increased federal funding for state monitoring, enforcement, and construction programs; and 3. Allow the USEPA to consider health risk reduction benefits when reviewing, setting, and finalizing standards; and 4. Require the USEPA to consider alternative control technologies when implementing standards; and 5. Require the USEPA to select contaminants of public health concern for regulation based on actual occurrence; and 6. Require the USEPA to solicit and consider the recommendations of the National Academy of Sciences on furore contaminants to be monitored and regulated; and 7. Allow the USEPA to establish time frames for regulatory compliance that reflect the time needed to plan, finance, design, and construct treatment facilities. 19. RESOLUTION RELATING TO RECYCLED WATER s~lig.~: Los Angeles County Division Referred to: Environmental Quality Policy Committee Preliminary Recommendation to Resolutions Committee: Approv~ Final Recommendation to Resolutions Committee: WHEREAS, recycled water is generally regarded as the best option now available for providing California urban areas with additional water resources; and WHEREAS, there are not any foreseeable new sources of water available to California cities, and environmental considerations and litigation could further diminish California cities' traditional sources of water supply; and WHEREAS, though the potential for water transfers exists, there are still many institutional barriers that prevent the water marketplace from changing very quickly; and WHEREAS, while current uses of recycled water include recreation, irrigation, and industrial applications, there are a large number of potential recycled water users throughout California urban areas who could benefit from a "drought-resistant," lower-cost supply; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 25, 1994, that the League encourage the California Department of Health Services to quickly finalize revisions to Title 22 of the state Health Code governing the uses of recycled water in such a manner as to promote appropriate use of such water. +20. RF3OLUTION RELATING TO RECYCLING INNER CITY PROPERTY-- BROWNFIEI.DS Source: Environmental Quality Committee and City of Richmond Referred to: Environmental Quality Policy Committee and Housing, Community and Economic Development Committee Preliminary Recommendation of Environmental Quality Committee: Approve Preliminary Recommendation of HCED Committee: Amend and Approve Final Recommendation to Resolutions Committee: WHEREAS, past industrial and commercial uses of land in America's cities have created thousands of sites throughout the U.S. that have environmental contamination, or environmental "unknowns," which impede redevelopment--so-called "brownfields;" and WHEREAS, private sector investment in sites with past industrial activity is further impeded by the threat of liability for clean-up costs and the fear of discovering environmental contamination previously undetected; and WHEREAS, failure to develop these brownfield sites impairs the ability of all levels of government to provide economic opportunities for citizens, particularly the poor and unemployed, who often live in proximity to such sites; and WHEREAS, brownfield sites that are abandoned, contaminated, and unproductive, contribute to further disinvestment in communities and neighborhoods in which they are located, extending blight in local communities; and WHEREAS, the abandonment and underutilization of brownfield sites result in an inefficient use of public facilities and infrastructure, land, and natural resources; and WHEREAS, a 1988 survey, conducted by the Bureau of National Affairs, indicated that lenders classify over 70 percent of their multimillion dollar real estate transactions as "environmentally risky;" now, therefore, be it [Environmental Quality version] RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 25, 1994, that the League calls on the Congress in its Superfund reform package to provide a level of protection for third party investors and developers of brownfield sites from CERCLA liability and clean-up costs for contamination, which they did not cause; and, be it further RESOLVED, that for any site not on the National Priority List in a state with an approved state clean-up program, Congress direct that state approval for redevelopment and reuse shall automatically result in concurrent federal approval; and, be it further RESOLVED, that Congress provide tax incentives' to the private sector to encourage voluntary clean-up activities and that the U. S. Environmental Protection Agency (EPA) encourage states to work with local governments in expediting voluntary clean-ups that are protective of human health and the environment; and, be it further RESOLVED, that the League of California Cities endorse site characterizations and clean-up costs of brownfield sites as an eligible activity in a proposal to create an Environmental Development Block Grant and/or any reallocation of Superfund revenues and program expenditures; and, be it further RESOLVED, that Congress and the EPA acknowledge the gravity and magnitude of the brownfield problem and enact comprehensive legislation to address: 1) the redevelopment of brownfield sites, including provisions such as tax incentives to the private sector; 2) creation of mandated infrastructure finance bonds; 3) financial assistance to local governments for planning and clean-ups; 4) CERCLA liability protection; and 5) clean-up standards based on the nature of the site's future reuse. [HCED version] RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 25, 1994, that the League calls on the Congress in its Superfund reform package to provide a level of protection for third party investors, lenders, and developers of brownfield sites from CERCLA liability and clean-up costs for contamination, which they did not cause; and, be it further RESOLVED, that for any site not on the National Priority List in a state with an approved state clean-up program, Congress direct that state approval for redevelopment and reuse shall automatically result in concurrent federal approval; and, be it further RESOLVED, that Congress provide tax incentives to the private sector to encourage voluntary clean-up activities and that the U. S. Environmental Protection Agency (EPA) encourage states to work with local governments in expediting voluntary clean-ups that are protective of human health and the environment; and, be it further RESOLVED, that the League of California Cities endorse site characterizations and clean-up costs of brownfield sites as an eligible activity in a proposal to create an Environmental Development Block Grant and/or any reallocation of Superfund revenues and program expenditures; and, be it further RESOLVED, that Congress and the EPA acknowledge the gravity and magnitude of the brownfield problem and enact comprehensive legislation to address: 1) the redevelopment of brownfield sites, including provisions such as tax incentives to the private sector; 2) creation of mandated infrastructure finance bonds; 3) financial assistance to local governments for planning and clean-ups; 4) CERCLA liability protection; and 5) clean-up standards based on the nature of the site's future reuse. 20 Re$01ution$ Referred tO Committee on Housing, Community and Economic Development *20. RESOLUTION RELATING TO RECYCLING INNER CITY PROPERTY-- BROWNFIELDS Jointly referred - See Resolution #20 in Environmental Quality for recommendations of both Committees. 21. RESOLUTION RELATING TO ENVIRONMENTAL SUBDIVISIONS Source: City of Encinitas Referred to: Housing, Community and Economic Development Policy Committee Preliminary Recommendation to Resolutions Committee: Policy Committee will make recommendation at Oct. 23 meeting. Final Recommendation to Resolutions Committee: WHEREAS, the creation of environmental subdivisions will promote the creation of large areas of open space land permanently reserved for the preservation of habitat; and WHEREAS, the need for environmental subdivisions is of a statewide concern with the need for preserving habitat in all regions of the State of California; and WHEREAS, there is a reluctance on the part of large landowners to proactively preserve habitat due to the potential loss of land value and the environmental subdivision will preserve land value while preserving valuable habitat, which will result in a '~vin-win" situation for the landowner, the environment, and the cities of California; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 25, 1994, that the League sponsor legislation to amend the state Subdivision Map Act in order to enact provisions for the creation of environmental subdivisions and subsequent preservation of open space habitat. 22. RESOLUTION RELATING TO RESIDENTIAL CARE FACILITIES Source: Orange County Division Referred t0: Housing, Community and Economic Development Committee Preliminary Recommendation to Resolutions Committee: Policy Committee will make recommendation lit Oct, 23 meeting. Final Recommendation to Resolutions Committee: WHEREAS, over the years, the state has slowly eroded the regulatory powers of local government; and 21 WHEREAS, the usurping of local regulatory powers has created untenable problems for local agencies and has adversely impacted single-family residential areas; and WHEREAS, state law has mandated that residential care facilities serving six or fewer clients may be a permitted use in a residential area; and WHEREAS, state law does not allow local licensing or regulation of the number of residential care facilities in a residential neighborhood; and WHEREAS, the state does not appear to have the personnel or funds to properly police such facilities, with the result that complaints regarding the operation of the facilities are not able to be handled quickly and efficiently, and there is no assurance that the clientele are properly cared for in a safe and healthy environment; and WHEREAS, without controls limiting the number of establishments in a neighborhood, the social fabric of local neighborhoods are being destroyed and are becoming institutional areas; and WHEREAS, without local controls, residential care homes, regardless of the ages of the clientele and the type of services provided, have, in some cases, created a nuisance, adversely affected property values, and have disrupted the lifestyle of neighbors; and WHEREAS, by returning regulatory powers pertaining to residential care facilities to local control, local government would be able to enact regulations to assure proper care is provided for the clientele of residential care facilities, while assuring the preservation of residential areas, which would benefit both the state and individual communities, now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 25, 1994, that the League urge state legislators to reevaluate statutes pertaining to land use, which directly affect local communities and return regulatory powers to local government agencies; and be it further RESOLVED, that at a minimum, state legislators should consider imposing a requirement that the owner of a residential care facility must also reside on the premises, which would go far toward eliminating the worst abuses of the state residential care regulations, would slow the virtually unregulated proliferation of such care facilities in residential zones, and would result in far greater accountability on the part of the operators to assure that their clientele receive the necessary care and services; and be it further RESOLVED, that copies of this resolution be sent to the Governor of the State of California, to all members of the State Legislature. 22 -~- ~23. RESOLUTION RELATING TO NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (NASA) Source: Committee on Housing, Community & Economic Development, Peninsula Division, and City of Sunnyvale Referred tO: Housing, Community and Economic Development and Transportation and Public Works Policy Committees Preliminary Recommendation of HCED: Approve Preliminary Recommendation of TPW: Approv~ Final Recommendation to Resolutions Committee: WHEREAS, the 1994-95 NASA budget is $14.3 billion, and includes a reduction for the first time in almost twenty years; and WHEREAS, less than one percent of the total federal budget and less than .25 percent of the Gross National Product was spent for the national civil space program; and WHEREAS, NASA's partnership with industry in aeronautics has given this country a position of leadership and a positive balance of trade in the highly competitive civil transport market and aviation research; and WHEREAS, the United States can have a viable space program within a realistic budget that will not hinder other government programs; and WHEREAS, the National Aeronautics and Space Administration is an important economic center in our communities, with more than 240,000 jobs directly related to NASA programs and an additional 400,000 supporting jobs nationwide; and WHEREAS, more than 81. percent of NASA's funding goes to private industry contractors compared to 11 percent governmentwide, with procurements to small business and minority firms exceeding $950 million in 1991; and WHEREAS, this investment provides high technology jobs, educational opportunities, new business development, environmental monitoring, vital life science breakthroughs, advanced scientific research and applied technology that enhances competitiveness and quality of life, as well as expands our knowledge about ourselves and our universe; and WHEREAS, technology gained through the space program benefits the environment, health, medicine, computer technology, consumer/home/recreation activities, public safety, transportation, and many other of our daily activities; and WHEREAS, health care is enhanced by the development of space-related technology, such as non-invasive medical devices and new laser surgical techniques that offer less invasive methods and faster recovery times, and by satellite and long-distance monitoring equipment to allow people to remain in their homes, lowering the cost of nursing care; and WHEREAS, space-related technology has contributed to improved fireproofing materials, home and personal alarm systems, and other important public safety devices; and WHEREAS, transportation benefits have ranged from fuel efficiencies, better brake systems, aircraft design, and highway profiling; and WHEREAS, NASA not only contributes over $800 million annually in grants and contracts to educational and nonprofit institutions, but also'inspires young people to study math, science, and engineering; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 25, 1994, that the League support the NASA budget, including the space program and Space Station Freedom, which will keep alive this country's leadership in aerospace, aeronautics, life sciences, and supercomputing programs; and be it further RESOLVED, that the League's Committee on Transportation and Public Works consider this subject as a priority for its work program. 24. RESOLUTION RELATING TO SOUTHWEST MILITARY COMPLEX Source: Desert-Mountain Division Referred to: Housing, Community and Economic Development Policy Committee Preliminary Recommendation to Resolutions Committee: Approve Final Recommendation to Resolutions Committee: WHEREAS, the Southwest Military Complex is the nation's premier military research, development, test, evaluation, and training resource; and WHEREAS, the Southwest Military Complex, an irreplaceable national defense resource, is of strategic value to the security of California and the United States of America; and WHEREAS, throughout the Southwest Complex, direct Defense Department salaries and employment exceed billions of dollars and thousands of direct jobs, and large defense and aerospace contractor and support service sectors add significantly to the employment base, and the need for such employment continues to be a critical issue for the economic well-being of the State of California; and WHEREAS, in our state, support facilities, infrastructure, land, sea and airspace, and the diverse scientific and technological skills of a unique professional population are already in place to carry out and complete ongoing and potential projects; and WHEREAS, cities are concerned about employment and the future welfare of their citizens and their communities, and recognize that new opportunities for employment and industry can be obtained through the realignment component of the Federal Base Realignment and Closure (BRAC) process; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 25, 1994, that the League support the continuation and expansion of the Southwest Military Complex, and oppose any Department of Defense service or agency from reducing work or moving any functions from the Department of Defense's Southwest Military Complex priOr to the conclusion of the 1995 BRAC Commission's deliberations; and, be it further RESOLVED, that the League enlist the united support of our California Legislature and Governor, the President of the United States, and California's Congressional Delegation and Senators to take every action necessary for continuation and expansion of military bases and NASA installations within the Southwest Military Complex. .13. Resolutions Referred to Committee on Public Safety RESOLUTION RELATING TO ILLEGAL IMMIGRATION Jointly referred - See Resolution # 13 in Community Services for recommendations of both Committees. .14. RESOLUTION RELATING TO SALE OF PORNOGRAPHIC MATERIALS TO MINORS Jointly referred - See Resolution # 14 in Community Services for recommendations of both Committees. .15. RESOLUTION RELATING TO ALCOHOL REHABILITATION PROGRAMS Jointly referred o See Resolution # 15 in Community Services for recommendations of both Committees. 25. RESOLUTION RELATING TO DETERMINATE SENTENCES, PAROLE AND EARLY RELEASES OF VIOLENT OFFENDERS Source: Desert-Mountain Division Referred to: Public Safety Policy Committee Preliminary Recommendation to Resolutions Committee: Amend and Approve Final Recommendation to Resolutions Committee: WHEREAS, it is the responsibility of every city to provide a safe environment for its residents; and WHEREAS, public safety is the number one concern and issue of the residents of many cities; and WHEREAS, the recent releases of violent/violent sex offenders and the potential release of a violent sex offender into California communities has caused public concern as to the laws and public safety impact; and 25 WHEREAS, cities are desirous of changes in the law to improve the safety of residents of our communities and the residents of the State of California; and WHEREAS, initiation of a resolution through the Public Safety Policy Committee of the League of California Cities is an effective way to ensure the reasonable safety of all cities and communities in the State of California; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 25, 1994, that the League support legislation to accomplish the following: 1. Amend the California Penal Code to include a definition of "Violent Offender" encompassing all persons committing violent crimes against any person and/or sex crimes against children. These criminals would be subject to special restrictions and requirements with respect to indeterminate sentencing, parole, and release. a. With respect to determinate and indeterminate sentencing: ineligibility for "good time/work time off," allowance of all criminal records (juveniles included) in sentencing determination. b. With respect to parole: only awarded after open hearing finding person safe to release into the community. 2. Require violent offenders to participate in competent state-approved psychiatric evaluations during incarceration, prior to release, and after release for a period of time and at intervals as deemed appropriate by qualified officials. The evaluations of violent offenders will be reviewed with final determination by original sentencing court. 3. Require violent offenders who are paroled to submit to random searches, inquiries, etc., by local law enforcement. This process to be part of a structured post-release monitoring program, the records of which will be available for public review. 4. Publish notice of upcoming parole hearings of violent offenders in local newspapers in the communities concerned. Notice may include a current release photograph of the violent offender. The conclusion of the parole hearing to be published in the local newspaper immediately following determination of parole. Any violent offender who is required to register with local law enforcement upon release, shall be accompanied by a representative of the Department of Corrections to the local law enforcement office for the purpose of registering prior to release. 5. Require violent offenders to register at the local police department immediately following release and such registry shall be included in the police department's sexual offender file. 6. Period of parole shall be extended for violent offenders. 26 _ 26. RESOLUTION RELATING TO CONFISCATED FIREARMS Source: City of Carlsbad Referred to: Public Safety Policy Committee Preliminary Recommendation to Resolutions Committee: Final Recommendation to Resolutions Committee: Approv~ WHEREAS, cities have consistently attempted to provide police protection to those in danger of domestic violence; and WHEREAS, state law limits the amount of time firearms or other deadly weapons may be retained after they have been confiscated as a result of a domestic violence incident; and WHEREAS, state law prohibits the destruction of firearms or other deadly weapons confiscated as a result of domestic violence cases; and WHEREAS, there have been cases in which further violence could have been avoided if local agencies had the authority to destroy or retain firearms for an unlimited amount of time; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 25, 1994, that the League support legislation to allow local government agencies to destroy, or retain for an unlimited amount of time, firearms or other deadly weapons involved in domestic violence incidents. 27. RESOLUTION RELATING TO ALLEY ACCESS Source: Los Angeles County Division Referred to: Public Safety Policy Committee Preliminary Recommendation to Resolutions Committee: Final Recommendation to Resolutions Committee: Approve WHEREAS, alleys serve important and necessary functions to communities and neighborhoods by providing vehicle access to residential parking and for the performance of both governmental and private service activities; and WHEREAS, unfortunately alleys have also become convenient locations for criminal activities and other nuisances; and WHEREAS, the closure or limitation of access of all streets and highways, including alleys, is governed by the California Vehicle Code; and WHEREAS, the California Vehicle Code specifically provides that no local authority shall enact or enforce any ordinance on matters covered by the Vehicle Code unless expressly authorized therein; now, therefore, be it 27 - RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 25, 1994, that the League pursue legislation to amend the California Vehicle Code to permit cities and local agencies to prohibit, limit, or otherwise regulate and control vehicular or pedestrian access to or through alleys, when in the opinion of the legislative bOdy having jurisdiction over said alley, such restriction is necessary for the protection or preservation of public peace, safety, health, or welfare. Resolutions Referred to Committee on Revenue and Taxatior 28. RESOLUTION RELATING TO LOCAL PURCHASING PREFERENCE Source: City of Imperial Beach Referred to: Revenue & Taxation Policy Committee Preliminary Recommendation to Resolutions Committee: Disapprove Final Recommendation to Resolutions Committee: WHEREAS, cities need a mechanism to further the public interest by encouraging businesses to locate and remain within their respective boundaries; and WHEREAS, the provision of a minimal preference to local businesses in the award of city contracts for public works, purchasing services, supplies and equipment would provide such a mechanism; and WHEREAS, a statute providing such a preference would enhance the opportunities and markets of local businesses and will serve the public interest; and the resulting growth and development of local businesses will have a significant positive impact on the economic vitality of cities; and WHEREAS, presently, no state statute specifically allows cities to grant local preference; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 25, 1994, that the League sponsor legislation to: 1. Authorize cities to grant preference to local businesses in the award of city contracts for public works, purchasing supplies, services, and equipment; and 2. Allow cities, when formal or informal bidding procedures are required for a particular contract for public works, purchase, service or product, to grant a five percent (5%) preference to a contractor, vendor, or service provider with a place of business within such city. 29. RESOLUTION RELATING TO POSSESSORY INTEREST TAX Source: City of San Jose Referred to: Revenue & Taxation Policy Committee Preliminary Recommendation to Resolutions Committee:Approve Final Recommendation to Resolutions Committee: WHEREAS, nationwide, the convention, trade show, and meeting industry generates close to $73 billion in direct spending and creates over 1.5 million jobs; and WHEREAS, in California, the travel industry generates over $1 billion in direct spending and creates over 700,000 jobs, evidencing that the industry is essential to the economic health of the State of California; and WHEREAS, the County of Santa Clara Tax Assessor, in 1993, levied and enforced payment of possessory interest tax assessments (retroactive to 1990) against short-term clients of the San Jose Convention and Cultural Facilities, and continues to levy and enforce such tax assessments; and WHEREAS, imposition of the possessory interest tax, if applied statewide, could have a ruinous effect on revenues and jobs generated by the convention, trade show, and meeting industry; and WHEREAS, the International Association for Exposition Management, Meeting Planners International, National Automatic Merchandising Association, California Rental Association, National Association of Consumer Shows, and the National Association of College Stores have publicly opposed the County Assessor's imposition of the possessory interest tax on short-term clients on convention and cultural facilities, and have indicated that their members are unlikely to consider cities in the state that enforce such possessory interest taxes as a destination for conventions, trade shows, and meetings; and WHEREAS, imposition of the possessory interest tax, with corresponding potential loss of revenue and jobs to the state, as a result of canceled conventions, trade shows, and meetings, is unconscionable; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 25, 1994, that the League support legislation to exempt Public Use Facility clients who occupy convention and cultural facilities for less than forty-five (45) days per year from the assessment and imposition of possessory interest tax in the State of California. 30. RESOLUTION RELATING TO PARKS AND OPEN SPACE ASSESSMENT DISTRICT Source: City of Carlsbad Referred to: Revenue & Taxation Policy Committee Preliminary Recommendation to Resolutions Committee:Disapprove Final Recommendation to Resolutions Committee: WHEREAS, legislation (AB 2007) has been adopted, which allows the formation of a countywide parks and open space assessment district for the purpose of collecting revenue to obtain open space property and develop parks; and WHEREAS, a ballot measure proposed as a result of the legislation does not describe how project funding decisions would be made; and WHEREAS, no consensus has been obtained among local jurisdictions regarding what decision-making authority structure should be utilized to administer the district; and WHEREAS, pursuant to AB 2007, cities in San Diego County can be forced to participate in a countywide assessment district even if a city council ~and a majority of city residents vote against participation in the district; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 25, 1994, that the League support legislation that would allow cities to not participate in, or contribute to, a countywide assessment district formed pursuant to AB 2007 if a majority of that city's legislative body and residents vote against participating in, or contributing to, such a district. 31. RESOLUTION RELATING TO INTEREST-FREE LOAN PROGRAMS FOR CAPITAL IMPROVEMENTS Source: City of Rohnert Park Referred tO: Revenue and Taxation Policy Committee Preliminary Recommendation to Resolutions Committee:Disapprove Final Recommendation to Resolutions Committee: WHEREAS, cities throughout California from time to time issue bonds to finance capital projects that are necessary to ensure the health and welfare of their citizens; and WHEREAS, the cost of interest on these bonds to fund capital projects is a burden on the taxpayer; and WHEREAS, more projects could be completed and greater benefits gained by the local citizenry if the funds were used for capital projects and not used for debt interest payments; and 30 WHEREAS, state and local governments have a backlog of infrastructure projects that are necessary and even mandated to be built; and WHEREAS, because of these federal and state mandates it is difficult enough to find the funding for manpower and materials, let alone the cost of interest payments on debt; and WHEREAS, it makes economic sense to develop a federal program that would allow tax-supported agencies to borrow money, interest-free, directly from the U.S. Treasury for needed capital projects and for paying off existing debts; and WHEREAS, because the recommended program would be in the nature of a loan, and not a grant, the funds would be repaid to the U.S. Treasury; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 25, 1994, that the League support federal legislation to create an interest-free loan program available to tax-supported bodies for the purpose of funding capital projects and for paying off existing debt; and, be it further RESOLVED, that the League support within that legislation a program that allows for interest-free loans to be offered to states, cities, counties, and other local districts, based on a fair and equitable formula. ,23. Resolutions Referred to Committee,on Transportation and Public Works RESOLUTION RELATING TO NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (NASA) Jointly referred - See Resolution #23 in Housing, Community and Economic Development for recommendations of both Committees. 32. RESOLUTION RELATING TO FREEWAY SIGNAGE Source: City of Highland Referred tO: Transportation and Public Works Policy Committee Preliminary Recommendation to Resolutions Committee:Refer Final Recommendation to Resolutions Committee: WHEREAS, the State of California has adopted a Street & Highways Code Section to allow for the placement of informational signs advertising roadside businesses along rural portions of freeways in the state; and WHEREAS, the state realizes the economic importance of tourists to the state's economy and to the local governments that provide the services to the tourists and the general travelling public; and 31 WHEREAS, the tourists and travelling public are in need of directional signs to advise them of the particular services available at any given freeway off-ramp in all areas of the state, not just in rural areas; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 25, 1994, that the League support legislation authorizing the placement of informational signs advertising roadside businesses in rural, suburban and urban areas of the state. A:\packet.94 32 AGENDA SUMMARY ITEM NO. lob DATE: October 19, 1994 REPORT SUBJECT: CONSIDERATION OF AMENDMENT TO MENDOClNO COUNCIL OF GOVERNMENTS JOINT POWERS AGREEMENT The current Joint Powers Agreement (JPA) for the Mendocino Council of Governments (MCOG) does not provide for alternate members to serve in the event the regular designee is unable to function at an MCOG meeting. There have been situations where quorums could not be gained, and the opportunity to call in a replacement would have allowed business to be handled. Alternates are a valuable resource and most agencies/organizations have provisions for them. MCOG is proposing an amendment to the JPA to allow each jurisdiction to appoint an alternate. Appointment of an alternate at this time is not necessary. If the amendment is approved by all of the MCOG signatories, appointment action will then be requested. Staff believes the amendment is appropriate and recommends that the City Council approve the amendment and authorize the Mayor to sign the amendment. RECOMMENDED ACTION: Authorize Mayor to execute MCOG JPA Amendment to allow for the appointment of alternate members. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine amendment is not appropriate and do not authorize Mayor to sign the amendment. 2. Determine modifications to the amendment are necessary, identify those changes, and direct revisions to be presented to MCOG for consideration. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Acct. No. (if NOT budgeted): Acct. No.: Appropriation Requested: NA Mary Hiatt, Executive Secretary, MCOG . , ~ ~"-~ [ Michael F. Harris, AICP, Assistant to the City Manager Charles L. Rough, Jr., City Manager 1. October 5, 1994 memorandum from MCOG, pages 1-3. Charles L. Roug City Manager mfh:admin ASR MCOG JPA AGREEMENT AMENDMENT 10/19/94 m n'boc council ot: m nbocmo co.uncy cougrdmuse Ukl,~, C~L1FoRrtla ~548 ~ (707J 46 5-4470 October 5, 1994 TO: FROM: RE: I have enclosed for your Council/Board review and approval the JPA Amendment for the Mendocino Council of Governments which adds provisions for alternates. Please place the item on your next Council/Board agenda for action and notify the MCOG office of action taken. Michael Scannell, County AdminiStrative Officer Chuck Rough, Ukiah City Manager Gary Milliman, Fort Bragg City Administrator Gordon Logan, Willits City Manager Fred Patten, Point Arena City Clerk/Ad~~,trator Mary Hiatt, MCOG Executive Secretary / ' ~% " / MCOG Joint Powers Agreement - Amendment The original amendment will be kept in the MCOG office until approval by all cities and the County. Original signature pages will then be routed to each agency for formal execution. If you have any questions, please feel free to call me at the above number. MH/ct encls revision 8/29/94 AMENDMENT JOINT POWERS AGREEMENT OF THE MENDOCINO COUNCIL OF GOVERNMENTS THIS is an Amendment to the Joint Powers Agreement (JPA) executed in 1972, as amended in 1978 and again in 1993 by the CITIES OF FORT BRAGG, POINT ARENA, .WILLITS AND UKIAH, and the COUNTY OF MENDOClNO for the MENDOClNO COUNCIL OF GOVERNMENTS (MCOG). Section 4. shall be amended to include the following paragraph: The appointing authority, for each regular member it appoints, may appoint an alternate member to serve in place of the regular member when the regular member is absent or disqualified from participating in a meeting of the Council of Governments. Agency alternates must be an elected official. All other terms and conditions set forth in the Agreement of 1972 as amended in 1978 and 1993 shall remain in full force and effect. JPA Amendment August 29, 1994 Revision Page 2 CITY OF FORT BRAGG: Approved: City Attorney ATTEST: DATE: City Clerk CITY OF POINT ARENA: ayor Approved: City Attorney ATTEST: DATE: City Clerk CITY OF WILLITS: Approved: City Attorney Mayor ATTEST: DATE: City Clerk CITY OF UKIAH: ! Approved: 'City Attorney Mayor ATTEST: DATE: City Clerk COUNTY OF MENDOClNO: Chairman, I~oard of Supervisors Approved: _ County Counsel ATTEST: DATE: Clerk of the Board MINUTES DEMOLITION PERMIT REVIEW COMMITTEE OCTOBER 11, 1994 MEMBERS PRESENT OTHERS PRESENT Thomas Parducci Clif Shepard Charley Stump for Bob Sawyer Larry Woods for Rick Kennedy Judy Pruden, Chairperson Bob Axt, Architect Grey Hoyt, Contractor Roger Sprehn, Fire Marshal Marie Ulvila, Recording Secretary CALL TO ORDER The meeting of the Demolition Permit Review Committee was called to order at 10:05 a.m., in Conference Room 2, 300 Seminary Avenue, Ukiah, California by Chairperson Judy Pruden. ROLL CALL Roll was taken with the results listed above. MINUTES - AUGUST 30~ 1994 ON A MOTION by Committee Member Larry Woods, seconded by Committee Member Clif Shepard, it was carried by an all AYE vote of those present to approve the Minutes of August 30, 1994, as presented. DEMOLITION PERMIT REVIEW AND RECOMMENDATION~ Al Request for demolition of structure located at 263 North State Strcct, Assessor's Parcel No. 002-267-06, owned by Dorothy Cox. Chairperson Judy Pruden advised the request is to demolish the brick warehouse located at the rear of the building and facing Main Street. The structure which is contiguous to the north and forms the larger part of the warehouse/storage complex was built after 1951 and does not require review by the Committee because it is not 50 years old. She explained that she spoke with Mrs. Cox, the property owner, and was advised that Mrs. Cox is related to the Jamison Brothers who ran a very successful variety/grocery store at this location for 33 years and they probably built the warehouse. She discussed recycling of the brick and noted Mrs. Cox's concerns with liability issues. DEMOLITION PERMIT REVIEW COMMITTEE Page 1 OCTOBER 11, 1994 Grey Hoyt, contractor for Mrs. Cox, advised he will store the salvageable bricks on pallets and the remainder will go to his ranch. Part of the cost of the demolition will be off set by the salvaging of the bricks. Committee Member Thom Parducci commended the applicant for cleaning up the area and felt it will be a great improvement to the downtown area. He hoped this would encourage other property owners in the area to make improvements to the portions of their property facing Main Street, which could be incorporated into separate entrances for those businesses. ON A MOTION by Committee Member Thom Parducci, seconded by Clif Shepard, it was carried by the following roll call vote to approve the demolition of the brick warehouse structure located at 263 North Main Street, Assessor's Parcel No. 002-267-06, and owned by Dorothy Cox: AYES: NOES: ABSENT: ABSTAIN: Committee Members Parducci, Shepard, Stump, Woods, and Chairperson Pruden. None. None. None. Chairperson Pruden advised that the Demolition Permit Review Committee will recommend approval of this demolition permit to the City Council and request the matter be placed on their Consent Calendar. al _ReQuest for demolition of structure located at 273 ~_est Clay Strcct, #6, #7, #13, Assessor's Parcel No. 002-281-04, owned by Beverly Balletto_ Chairperson Judy Pruden briefly discussed her report on the property, which indicated that the property has a great amount of notoriety but it does not have significant historical value to the City of Ukiah. Roger Sprehn, Fire Marshal, advised that their training officer evaluated the structures and felt they were too close to adjacent structures to safely conduct a controlled burn. The structures are in such dilapidated condition that it would not be safe to conduct training exercises in them. They also evaluated the structures for performing rescue/forced entry exercises, but the doors and part of the buildings would need to be reinforced in order to conduct such exercises. Therefore, the Fire Department does not intend to use these structures for training purposes. ON A MOTION by Committee Member Thom ParducCi, seconded by Clif Shepard, it was carried by the following roll call vote to approve the demolition of the three structures located at 273 East Clay Street, #6, #7, and #13, Assessor's Parcel No. 002-281-04, and DEMOLITION PERMIT REVIEW COMMITTEE Page 2 OCTOBER 11, 1994