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1993-09-15 Packet
CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue September 15, 1993 6:30 P.M. 1. Roll Call 2. Invocation 3. Pledge of Allegiance 4. Proclamation Declaring October 2, 1993 as Foster Grandparent Day 5. Introduction of New Employees a. Carl Tuliback, Community Services Code Officer 6. Approval/Correction of Minutes a. Regular Meeting of September 1, 1993 b. Regular Adjourned Meeting of September 7, 1993 7. 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 (90) days the time within which the decision of the City Boards and Agencies may be judicially challenged. 8. 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 by 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. Adoption of Ordinance Authorizing Citation Authority for Code Enforcement Officer, Amending Division 1, Chapter 3, Article 9 of the Ukiah City Code, Providing for a Building Inspector. b. Approval of Notice of Completion for Design and Construction of Equipment Maintenance Building at Ukiah Municipal Corporation Yard, Spec. No. 91-24, Busch Construction c. Award of Bid for three 75KVA, one 300KVA, One 500KVA, and one 750KVA Padmount Transformers to Western States Electric, Inc. in the amount of $13,529.58, $7,536.46, $9,787.64 and $13,751.60, respectively. d. Award of Bid for 20,000 ft. of 397.5 MCM Bare Aluminum Conductor to King Wire and Supply in the amount of $8,043.75 e. Correction of Resolution No. 93-51, Establishing Fees for Administration of Taxi's f. Rejection of Bids for Asphalt Concrete Surfacing on City Streets, Spec. No. 93-13 g. Filing Emergency Purchase of Contractual Services to Remove Wood and Yardwaste at Solid Waste Disposal Site h. Award of Contract to American Asphalt Repair and Resurfacing Co., Inc., in the amount of $74,973.00 for Slurry Seal on City Streets, Spec. No. 93-14 i. Receive and Accept Report of August 1993 Disbursements j. Authorize the City Clerk to Readvertise Public Member Cultural Arts Advisory Board Vacancies 9. 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. 10. PUBLIC HEARING - 7:00 p.m. a. Consideration of Resolution Adjusting Fees at the Ukiah Municipal Golf Course 11. NEW BUSINESS a. Consideration of Amendments to City of Ukiah's Ordinance Pertaining to the Regulation of Smoking b. Consideration of Proposed Landscaping Guidelines c. Adoption of Resolution of Intent to Reimburse Expenditures from the Proceeds of REFA Financing for Golf Course Purchase d. Adoption of Resolution Approving Water Conservation Plan 12. CITY COUNCIL REPORTS 13. CITY MANAGER/DEPARTMENT HEAD REPORTS 14. CLOSED SESSION 15. ADJOURNMENT Oroclamc tion The Foster Grandparent Program was originally developed in 1965 by the Office of Economic Opportunity and the Department of Health, Education and We{fare, and transferred to ACTION on July 1, 1971, where in relnains today; and The Foster Grandparent Program brings together older adults with special needs children in a variety of settings creating an intergenerational community; and Foster Grandparents bring their skills and experience to children in pre-schools, schools, residential shelters, centers for the handicapped, teen parent programs, and the juvenile justice system; and The Foster Grandparent Program is open to low-income persons 60 years old and over, and the volunteers receive a modest tax-free stipend for their service to children as well as a transportation allowance, hot meals while in service, accident insurance, and annual physical examinations. 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, and Jim Mastin, do hereby proclaim Saturday, October 2, 1993, as: FOSTER GRANDPARENT PROGRAM DAY in Ukiah, Cal{fornta and COngratulate the program and foster grandparents who are so dedicated to loving and caring for the children of our community~ ,, IN WIT~ WHEREOF, I set ray hand this 15th day of September in the year of our Lord, Nineteen Hundred and Ninety-Three. Fred Schneiter, Mayor AGENDA SUMMARY ITEM NO. 5a DATE: SEPTEMBER 2, 1993 REPORT SUBJECT: INTRODUCTION OF NEW EMPLOYEE: CARL TULIBACK, COMMUNITY SERVICES OFFICER, CODE ENFORCEMENT The Community Development Department is pleased to welcome our newest staff member, Carl Tuliback. Carl is our part-time Community Services Officer in charge of the Code Enforcement Program. Carl has ten years experience in military inspection services and holds an Associate of Science degree in Business Law. He has also completed the Building Inspection and. Plan Check Certification Program at Butte College and is presently participating in an internship with the Yuba County Building Department. In his spare time Carl enjoys drag racing, body building, and rural life pursuits. We are looking forward to Carl's active participation in the code enforcement effort and know he will be a valuable addition to the City family. RECOMMENDED ACTION: City Council welcome Carl Tuliback as our new Community Services Officer. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Acct. No. (if NOT budgeted): N/A Acct. No.: Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by: Prepared by: Michael F. Harris, Director of Community Development Coordinated with: Charles L. Rough, Jr., City Manager Attachments: None APPROVED: Ch~~~i~Ro~u.g/~/~~~~., Jr C,ty Manager mh:planning asr 9/1/93 NEW' EMPLOYEE CITY COUNCIL MINUTES Joint Regular Adjourned Meeting with CULTURAL ARTS ADVISORY BOARD CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue September 7, 1993 DRAFT The City Council and Cultural Arts Advisory Board convened in a regular adjourned meeting, of which the agenda was legally noticed and posted, at 7:03 p.m., in the Council Chambers of the Civic Center, 300 Seminary Avenue. Roll was taken and the following Councilmembers were present: Mastin, Malone, Shoemaker and Mayor Schneiter. Absent: Councilmember Wattenburger. Cultural Arts Advisory Boardmembers present: Diane Sloan, Barbara Wanderer, Star Carroll-Smith, Nancy Biggins, Kathy Rough, Evelyn Broaddus, Margaret Giuntoli, Keith White Wolf James, and Chairperson Jan McGourty. Absent Cultural Arts Advisory Boardmembers: Jim Mayfield, Vicki Sparkman, Oini LaGoia, and Jean Slonecker. Staff present: City Clerk McKay, City Manager Rough, Assistant City Manager Horsley and Cultural Arts/museum Director Abel-Vidor. 2a. Discussion Reqardinq CAAB's Role with the City and in the Community 2b. Review Revised Goals and Objectives for the Cominq Year 2c. Presentation of Idea for a Community Arts Recoqnition Proqram 2d. Review of CAAB's Relationship to the Museum 2e. Suqqestions for Cultural Arts Presentations for Next Year Chairperson McGourty distributed copies of CAAB goals and objectives in addition to a flow chart representing CAAB's perception regarding the City of Ukiah communication process in relation to other City advisory boards, commissions and committees. General discussion ensued regarding the role of the Cultural Arts Advisory Board (CAAB), flow of information to and from the Council, roles and responsibilities, financial support, staff support and services available, role of the Sun House Guild, and arts awards. It was the consensus of Council to review the Cultural Arts Advisory Board proposed goals and objectives and forward any comments to the Cultural Arts Advisory Board for their review. ADJOURNMENT There being no further business, the meeting was adjourned at 9:11 p.m. CCMIN.142 Cathy McKay CMC/AAE, City Clerk MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - September 1, 1993 The city Council convened in a regular meeting, of which the agenda was legally noticed and posted, at 6:32 p.m., in the Council Chamber of the Civic Center, 300 Seminary Avenue. Roll was taken and the following Councilmembers were present: Mastin, Wattenburger, Shoemaker and Mayor Schneiter. Absent: Councilmember Malone. Staff present: City Clerk McKay, city Manager Rough, city Attorney Rapport, Public Utility Director Barnes, Public Works Director/City Engineer Kennedy, city.Engineer Beard, Community Development Director Harris, Public Works Administrator Goodrick, Finance Director Burt, Assistant city Manager Horsley, Redevelopment/Economic Coordinator DeKnoblough, and Director of Public Safety Keplinger. INVOCATION/PLEDGE OF ALLEGIANCE Councilmember Wattenburger delivered the Invocation and the City Clerk led the Pledge of Allegiance. 4a. Special Order of Business - Commendation to Ted Goforth Mayor Schneiter read and presented a commendation to Ted Goforth, which commemorated his 37 years of dedicated service to the City of Ukiah, and acknowledged his many accomplishments and projects. Mr. Goforth expressed his appreciation of the fine working relationship he has enjoyed with Council, and noted he will miss serving the public. 5. Approval/Correction of Minutes of Reqular Meetinq,. Auqust 18, 1993 Mayor Schneiter noted a spelling correction on Page 1, correcting the word "Stafford" to "Safford." M/S Shoemaker/Mastin to approve the minutes of the regular meeting of August 18, 1993, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. Absent: Councilmember Malone. 6. RIGHT TO APPEAL DECISION Mayor Schneiter reviewed Section 1094.6 of the California Code of Civil Procedures regarding the appeal process. CONSENT CALENDAR Councilmember Shoemaker requested updated reports to Council regarding results of claims. The City Manager noted staff is already developing a status report, as previously requested by the Mayor. M/S Shoemaker/Mastin to approve the Consent Calendar as follows; 7a. Denied the claims for damages received from Howard Carter and Bobby Kennedy Construction, and referred them to the City's insurance carrier, R.E.M.I.F. 7b. Awarded the contract to Lanier Worldwide, Inc., for material and installation of two communications recorders and two digital dispatch recorders for a lump sum amount of $19,607.35 and awarde the portion of the bid for recording tapes to AM communications, Inc, in the amount of $2,325.00. 7c. Adopted Resolution No. 94-8, amending Resolution No. 93-68, Establishing Golf Course Committee, and appointing Betty Bassler as Women's Golf Club representative for a term which will expire June 30, 1995. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. Absent: Councilmember Malone. Audience Comments On Non-Aqenda Items Oscar Gross, 374 Wabash Avenue, distributed a copy of an article in the Wall. Street Journal regarding Cable TV de-regulation by the Federal government. He encouraged the City of Ukiah to negotiate for stricter regulation of the local Cable TV franchise in order to provide better and less expensive service to the citizens. UNFINISHED BUSINESS 10a. Adoption of Resolution Authorizinq City Manaqer to Execute Documents for the Lease/Purchase of Ambulanc¢~ The Finance Director reported the proposed lease is with Municipal Leasing Associates, Inc., in conjunction with the local branch of West America Bank, for a term of five years at 5.5%. She indicated a resolution is needed to approve the lease, authorize the City Manager to execute and provide notice of intent to be reimbursed. She noted the notice of intent to reimburse is required by the IRS for non profit agencies. M/S Wattenburger/Mastin to adopt Resolution No. 94-9, authorizing ambulance lease agreement, signatories and notice of intent to be reimbursed. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. Absent: Councilmember Malone. ~EW BUSINESS lla. Consideration and ADproval of Application for Fundinq ~or Greater Ukiah Chamber of Commerce The City Manager reported last year's contribution to the Chamber equalled $18,750, which was lower than previous years due to budgetary constraints. He explained City concerns regarding direction and organizational resources at that time when specific funding restrictions were issued. He recommended the budget appropriation of $22,000, noting great progress by the Chamber this past year. The following Boardmembers from the Greater Ukiah Chamber of Commerce were introduced: Roy Smith, John Bogner, Dennis Wilson, Lynn Wood, Monty Hill, Donovan Albright, Jim Collector, Elizabeth Christian, Bob Greenly, Kathy Cook Sandy Fox, and Candace Horsley. ' Roy Smith, President of the Board, reported on the organizational changes made this past year. Donovan Albright, Chief Financial Officer, reported on recent fiscal improvements of the Chamber organization. Lynn Wood, reported on goals and projects proposed by the Chamber Board of Directors. Elizabeth Christian, reported on upcoming Chamber events in conjunction with community coordinating efforts. Mayor Schneiter explained City funding is a good example of public/private partnerships for our community. He explained although the proposed funding level is less than requested, it is an increase from last years' City contribution. Reg. Mtg. September 15, 1993 D~ ~ M/S Mastin/Wattenburger to approve funding $22,000 for the Greater Ukiah Chamber of Commerce Fiscal Year 1993-94. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. Absent: Councilmember Malone. ~UBLIC HEARINGS 9a. ~___m~" August 18 1993 Consider and A rove o~-ative Declaration and Amended Pro'ect Re ort for the Cit Uki~kiah Valle Sanitation District Wastewater Treatment Plant AWT and U rade Pro'ect ~ Project Manager Ted Goforth reported the City of Ukiah is designated as lead agency for the Wastewater Treatment Plant Upgrade Project, and this public hearing was continued from August 15, 1993, which was legally noticed and published. He explained, in accordance with the requirements of the California Environmental Quality Act the City has caused the preparation and distribution of an initial study/draft negative declaration and provided a 30 day public review period, with copies sent to the State Water Resource Control Board and the appropriate Federal. agencies. He reported that only two agencies responded with written comments. He stated the State department of transportation requested the draft negative declaration be more specific in describing the proposed project as being required to meet more stringent waste discharge requirements in the City's NPDES permit and that these improvements would not result in plant capacity increases for new connections. He explained they also requested an additional statement that the proposal for long-range expansion facilities will be submitted at a later date under a separate initial study and environmental document. He reported the State Water Resources Control Board, Division of Water Rights noted that development of an end use for reclaimed water would fall under the jurisdiction of division of water rights. He noted staff has no objections to including these 'additional comments in the final document. Discussion ensued regarding timeframes for Ukiah Valley Sanitation District actions, current volume capacities and projected future capacities. Mr. Goforth explained this project will meet new requirements for wastewater treatment discharges, and expects there will be a need for expansion within 12 years. PUBLIC HEARING OPENED - 7:18 p.m. No one came forward. PUBLIC HEARING CLOSED - 7:19 p.m. M/S Shoemaker/Wattenburger finding that based on the initial study/draft negative declaration and the absence of significant public comments received, there is no substantial evidence that the proposed Wastewater Treatment Plant Advanced Wastewater Treatment and Upgrade project will have a significant effect on the environment if the mitigation measures listed in the Negative Declaration are implemented. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. Absent: Councilmember Malone. M/S Shoemaker/Wattenburger to approve the amended final project report and authorized Kennedy/Jenks Consultants to proceed with Final Project Design. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. Absent: Councilmember Malone. Reg. Mtg. September 15, 1993 P~ae 3 9b. Consideration of Resolution Adopting Revised Schedule of Fees and Rates for Garbage Collection Servicp The Public Works Administrator and the Fiance Director reported on the components of the proposed 30% garbage rate increase which provides a 2% contracted automatic annual rate increase equal to 75% of the CPI increase for the period March 1992 to March 1993; a 5% landfill gate fee surcharge to support Mendocino Solid Waste Management Authority; a 8% landfill tipping fee increase which was enacted January 20, 1993; and a 15% AB 939 State Mandated Recycling Surcharge. They noted this 30% increase will be applied directly on. residential accounts, with commercial rates restructured. They explained the proposal for rates to be effective August 1, 1993. Overhead charts were presented to reflect the volumes and revenues for residential and commercial accounts. Councilmember Wattenburger questioned how much revenue would be loss if the rates were not retroactive. The Finance Director stated approximately $26,500. The City Manager explained the rate increase was discussed at budget hearings with fiscal projections based on rate increases going inot effect shortly after the beginning of the new fiscal year. Discussion ensued regarding commercial toter rates and possible commercial rate variations. PUBLIC HEARING OPENED - 7:40 p.m. Gloria Gran, 410 Walnut Avenue, commended the City of Ukiah and the Council for the collection of recyclables at the curb, which has made it very easy for citizens to recycle, therefore more people are recycling. She feels these proposed garbage rate increases are well worth it, for the excellent service provided. No others came forward. PUBLIC HEARING CLOSED - 7:44 p.m. Discussion ensued regarding drop box costs for commercial accounts, commercial recycling, and debris boxes. Councilmember Shoemaker stated he prefers to see no reduction in commercial rate smaller volume charges, omission of the retroactive fee to August 1, 1993, and proposed volume rates for residential and commercial toters. Discussion ensued regarding the reasoning for the proposed rate structures for residential and commercial. Councilmember Wattenburger indicated his discomfort with retroactive fees. The City Manager stated he fully expects further future mandates which the City will have to absorb and encouraged Council to approve the staff recommendation to implement new rates effective August 1, 1993. M/S Mastin/Wattenburger to adopt the proposed Resolution adopting revised schedule of fees and rates for garbage and recycling collection service, retroactive to August 1, 1993, with the added language suggested by the City Attorney. Councilmember Shoemaker stated we now have a 1/2 yard toter rate of $35 and a full yard can for $40, and he feels this contradicts the incentive to recycle, and indicated he desires to keep the 1 yard can at the $51 rate. He Reg. Mtg. September 15, 1993 requested consideration of amending the motion on the floor to include the amended rate for commercial rate of $51 00 rate/yard/week. . Discussion ensued regarding how this would affect the proposed rates, and amending line 27 of the proposed resolution. The City Attorney 'suggested wording in the example of "except for a one yard bin the rate per yard per week is $40, and the rate for a one yard bin is $51." Councilmember Mastin noted this means that commercial and residential rates are the same until volumes above a toter are reached, and we are only one yard fees. Councilmember Mastin, the maker of the motion, and Councilmember Wattenburger, the maker of the second to the motion on the floor, agreed to the amendment to Commercial monthly rates line 23, to read "$40.00 for rate/yard/week, except for 1 yard bin once a week is $51.00, and amend the appropriate examples used. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. Absent: CQuncilmember Malone. Recess - 8:10 p.m. Reconvened - 8:20 p.m. 9c. Consider Introduction of Ordinance Addinq Section 918b ~o the Ukiah City Code "Area Provided for Recyclinq Facilities,, in New Development and Remodel:~ The Community Development Director reported the State of California has mandated that by the year 2000 the amount of waste placed in landfills be reduced by 50%. He explained the California Integrated Waste Management Board prescribed that local jurisdictions were to develop an ordinance which would require equal space for recycling materials in refuse collection areas of new development or remodels increasing floor area by 30%. He reported the proposed Ordinance has been reviewed by local architects, engineers and contractors the City's Recycling Task force and approved by the Planning Commission after their public hearing. PUBLIC HEARING OPENED - 8:27 p.m. Mike Sweeney, P.O. Box 309, Redwood Valley, explained the recycling task force was very cautious and conservative in proposing the minimum amount of space requirement. PUBLIC HEARING CLOSED - 8:29 p.m. Councilmember Shoemaker expressed concern for adequate usuable space and dimensions which would accommodate multi residential facilities and large families. Discussion ensued regarding possible rewording of the proposed ordinance. Councilmember Shoemaker stated it appears it is too complex for Council to make recommendations fixing the dimensions tonight. The City Attorney advised re-noticing of the Public Hearing will be required for the Planning Commission and the Council regarding this matter. M/S Shoemaker/Mastin to refer this matter back to the Planning Commission for further work. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. Absent: Councilmember Malone. NEW BUSINESS (Continuedk Reg. Mtg. September 15, 1993 P~ 5 llb. Introduction of Ordinance Authorizing Citation Authority for Code Enforcement Officer M/S Wattenburger/Mastin to read the title only for the first reading of the proposed Ordinance. The motion was carried by a unanimous voice vote of all AYE. The City Clerk read the title of the proposed Ordinance. M/S Wattenburger/Mastin to introduce the Ordinance Amending Division 1, Chapter 3, Article 9 of the Ukiah City Code, Providing for a Building Inspector. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. Absent: Councilmember Malone. llc. Adoption of Resolution Authorizing Participation in the Mortgage Credit Certificate Program Administered by the Community Development Commission of Mendocino County The Community Development .Director reported the tax reform act of 1984 authorized the Mortgage Credit Certificate (MCC) Program as an alternative to Mortgage Revenue Bonds for financial assistance to first time home buyers. He noted the program is actually completed by the lending institutions and the real estate agents involved in the purchase transaction. He explained the CDC is proposing a $10,000,000 allocation request as a countywide application. He explained the application fee of $2,500 will be shared by three entities, Ukiah's share is $833.33. He explained the federal direct tax credit which reduces tax liability of the home buyer, the escrow process, and the administrative responsibilities of the Community Development Commission. Mayor Schneiter questioned whether the City's deposit of $33,000 will be returned. The Community Development Director stated the funds will remain with the City and the programs will be executed by the banks. M/S Mastin/Wattenburger to adopt Resolution No. 94-11, authorizing participation in the Mortgage Credit Certificate Program and execution of agreement with the Community Development Commission of Mendocino County. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. Absent: Councilmember Malone. lld. Adoption of Resolution Designating Labor Day, September 6, 1993 as "Try America Day" Councilmember Mastin expressed concern regarding who the promoters are. M/S Wattenburger/Shoemaker to adopt Resolution No. 94-12, declaring Labor Day, September 6, 1993 as "Try America Day." The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. Absent: Councilmember Malone. llf. Set Date for Joint Public Hearing with Ukiah Valley Sanitation District Board of Directors for Adjustment o£ Sewer Rates and Hookup Fees It was the consensus of Council to set the date of October 20, 1993, at 7:00 p.m., as the date for joint public hearing with Ukiah Valley Sanitation District Board of Directors for adjustment of sewer rates and hookup fees. City Council Reports Reg. Mtg. September 15, 1993 Councilmember Mastin Reported he attended the International Paper Community Arts Grant Award ceremony in which the City of Ukiah's Sun House Museum was given a grant in addition to other recipients; reported on the Mendocino Transit Authority meeting he attended, and reported he was a volunteer at the 2nd annual Mendocino Bounty held in Hopland which was very successful, with thousands of visitors attending. Councilmember Wattenburqer Reported he attended the reception honoring sponsors and contributors to the Sundays in the Park Summer Concert Series 1993, and questioned whether the new white Dodge Aries taxi in town is licensed. Councilmember Shoemaker Reported on the League of California cities Redwood Empire Division meeting he attended in Crescent City, and the Mendocino Solid Waste Management Authority meeting he attended. Mayor Schneiter Reported he served as a volunteer for the Senior citizen Center; reported on the NCPA meeting he attended in Truckee; noted he attended a Redevelopment Finance Committee meeting; reported he will be receiving a safe pedestrian award from the California State automobile association on behalf of the City, and announced new Ukiah Police patrols will be riding bikes donated by Denny's bike shop. 13. City Manaqer/Department Head Reports Briefed Council regarding upcoming Council business agenda items. ADJOURNMENT There being no further business, the meeting was adjourned at 9:12 p.m., to September 7, 1993, at 7:00 p.m. for a joint Cultural Arts Advisory Board meeting with Council, in the Council Chambers. CCMIN.141 Cathy McKay CMC/AAE, City Clerk Reg. Mtg. September 15, 1993 -- ITEM NO: 6a. & 6b. MEETING DATE: September 15, 1993 AGENDA SUMMARY REPORT SUBJECT: Approval/Correction of Minutes Due to two holidays occurring during the week of September 6 - 10, 1993, and the early agenda preparation due to these holidays, the minutes of the regular Council meeting of September 1, and the minutes of the regular adjourned Council meeting of September 7, 1993, have not been finalized for distribution with this agenda. The City Clerk fully expects to have these minutes finalized and ready for distribution early next week, prior to the Council meeting. Minutes will be hand delivered to Council and available to the Public as early as Monday, September 13. RECOMMENDED ACTION: Informatlonal'----~~only. ALTERNATIVE COUNCIL POLICY OPTIONS: Acct. No. (iN--budgeted): N/A Acct. No: Appropriation Requested: N/A Citizen Advised: N/A Requested by: Prepared by: Cathy McKay, City Clerk ~ Coordinated with: Candace Horsley, Acting City Manager.S-- Attachments: None ITEM NO. Ra DATE: SEPTEMBER 2, 1993 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF ORDINANCE AUTHORIZING CITATION AUTHORITY FOR CODE ENFORCEMENT OFFICER At their September 1, 1993 meeting, the City Council unanimously introduced the ordinance amending Division I, Chapter 3, Article 9 of the Ukiah City Code to provide citation authority for the Code Enforcement Officer. The ordinance is in order for its second reading (adoption). Staff recommends the City Council adopt the ordinance. It will become effective 30 days after its adoption. RECOMMENDED ACTION: Adopt ordinance as consent calendar item. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine citation authority is not necessary and do not adopt the ordinance. 2. Determine amendments to the ordinance are necessary, make desired changes, and re- introduce, by title only, modified ordinance. Acct. No. (if NOT budgeted): N/A Acct. No.: Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by: ~~ Prepared by: Michael F. Harris, Director of Community Development Coordinated with: David Rapport, City Attorney; Charles L. Rough, Jr., City Manager Attachments: 1. Ordinance for adoption, pages 1-2. APPROVED: Ch~R~~gh, j~. O~y i~lanager mh:planning asr 9/2/93 CEO ClT ORD ADOPT ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING DIVISION 1, CHAPTER 3, ARTICLE 9 OF THE UKIAH CITY CODE, PROVIDING FOR A BUILDING INSPECTOR The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE. Article 9 of Chapter 3 of Division 1 of the Ukiah City Code is hereby amended as follows: Section 450 is hereby amended to read as follows: §450: DUTIES OF BUILDING INSPECTOR: There shall be employed by the City a Building Inspector and/or a Code Enforcement Officer who shall perform the duties now, or hereafter imposed upon the Building Inspector, Sanitary Inspector, Sewer Inspector or Plumbing inspector by the laws of the State of California, or by the ordinances, rules or regulations of the City, and who is hereby designated as the person charged with the enforcement of the "State Housing Act" within said City, and/or the enforcement of any other local ordinances as may be assigned from time to time by order of the City Manager or resolution of the City Council. Section 452 is hereby amended to read as follows: §452: AUTHORITY TO ARREST AND ISSUE CITATIONS: The Building Official and/or the Code Enforcement Officer is hereby authorized pursuant to Penal Code Section 836.5 to issue citations for violation of the codes and ordinances the Building Official and/or Code Enforcement Official is authorized to enforce, when such violations are declared infractions or misdemeanors, as authorized in Chapter 5, Title 3, Part 2 of the California Penal Code, commencing with Section 853.5, and to exercise the powers of arrest for such violations as specifically authorized by Penal Code Section 836.5. SECTION TWO: Publication and Effective Date. This ordinance shall become effective thirty (30) days from its adoption and shall be published as required by law. Introduced by title on September 1 , 1993, by S:\U\ORDS93\CODEEN September 2, 1993 the following roll call vote: AYES: Councilmembers Mastin, Wattenburger, Shoemaker and Mayor Schneite~ NOES: None ' ABSENT: Councilmember Malone Adopted on following roll call vote: , 1993, by the AYES: NOES: ABSENT: ATTEST: Mayor Fred Schneiter City Clerk Cathy McKay S:\U\ORDS93\CODEEN September 2, 1993 ITEM NO. 8b DATE: September 15, 1993 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF NOTICE OF COMPLETION FOR DESIGN AND CONSTRUCTION OF EQUIPMENT MAINTENANCE BUILDING AT UKIAH MUNICIPAL CORPORATION YARD, SPECIFICATION NO. 91-24 This project was for the Design and Construction of an Equipment Maintenance Building at the City Corporation Yard to provide adequate space and facilities for the Garage operations. The contractor, Busch Construction, has completed their work under contract which was performed under inspection by Engineering Department personnel and is in compliance with the specifications, plans, and contract requirements, and was completed within the specified contract time including approved time extensions. The final contract cost was $253,720.17, $7,951.17 (3.2%) over original contract. The additional costs were for eight (8) contract Change Orders for changes of work in the contract for $994.23 (0.4% increase in contract) and $6,956.94 (2.8% increase) for work originally planned to be done by City forces and additional subsequent small contracts. RECOMMENDED ACTION: City Council accept the work as complete and direct the City Clerk to file the Notice of Completion for Designed Construction of Equipment Maintenance Building, Specification No. 91-24. ALTERNATIVE COUNCIL POLICY OPTIONS: None. Acct. No. (if NOT budgeted): N/A Acct. No.: 575-5801-900 Appropriation Requested: N/A Citizen Advised: N/A Requested by: Bill R. Beard, City Engineer -~ ..... Prepared by: Bill R. Beard, City Engineer 463-6287~~ -~ Coordinated with: Charles L. Rough, Jr., City Manager Attachments: Notice of Completion R:I\ENG:kk :; AMAINTENANCE Please return to: CITY OF UKIAH 300 Seminary Avenue Ukiah, California (707) 463-6200 95482 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN: · That the real property described is owned by the following whose address or addresses are: Name City State City of Ukiah, 300 Seminary Avenue Ukiah California · That the nature of the title to the ..Equipment Maintenance Buildinq at Ukiah Municipal Corporation Yard, Specification No. 91-24 of all said owners is that of fee simple. · That on the 31st day of August, 1993, the Contract was actually completed. · That the name and address of the Contractor is Busch Construction and Electric, 2020 Industry Road, Ukiah, California, 95482. · That the real property herein referred to is situated in the County of Mendocino, State of California, and is described as City-owned property located at 1320 Airport Road, Ukiah, California, 95482,: APN 3-280-1 CITY OF UKIAH, a Municipal Corporation By: CITY CLERK STATE OF CALIFORNIA) COUNTY OF MENDOCINO) CATHY MCKAY, being duly sworn says: That she is the Clerk of the City of Ukiah City Council, that she has read the foregoing Notice of Completion and knows the content thereof and the same is true of her own knowledge. CATHY MCKAY, City Clerk Subscribed and sworn to before me this 1993. day of , Notary Public in and for the County of Mendocino, State of California R: 1 \CCO MAINTENANCE. NC ITEM NO. 8C DATE: September 15, 1993 AGENDA SUMMARY REPORT SUBJECT: AWARD OF BID FOR THREE 75KVA , ONE 300KVA, ONE 500KVA, AND ONE 750KVA TRANSFORMER TO WESTERN STATES ELECTRIC, INC., FOR $13,529.58, $7,536.46, $9,787.64, AND $13,751.60, RESPECTIVELY. A Request for Quotation (RFQ) for the following transformers were written: a~ Three (3) 75KVA padmounts for 208 Mason Street and two (2) for maintenance on Orchard Avenue. b. One (1) 300KVA padmount for U.S.G.S. c. One (1) 500KVA padmount for the Savings Bank project. d. One (1) 750KVA padmount for back-up stock. The City sent sixteen (16) bids and eight (8) bids were returned. The bids were opened by the City Clerk on August 24, 1993 at 2:00 p.m. Each bid was evaluated using an equipment cost of ownership formula as stated in the specifications. This formula calculates the transformer energy losses and adjusts the vendor's bid to the actual cost of the unit over its projected life. The Equipment Cost of Ownership Summary Sheet ranks the units in descending order to adjust costs. The evaluated low equivalent cost bidder for the four (4) bids is Western States, Inc. Bids include tax and delivery. The funds to purchase these transformers are budgeted and approved for Fiscal Year 1993/94 in Account No. 800-3647. RECOMMENDED ACTION: Award bid for three 75KVA, one 300KVA, one 500KVA, and one 750KVA transformer to Western States Electric, Inc., for $13,529.58, $7,536.46, $9,787.64, and $13,751.60, respectively. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject all bids and request new bids. Acct. No. (if NOT budgeted): N/A Acct. No.: 800-3647 Appropriation Requested: N/A Underground Conductors & Devices Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Ut il 463_6296ity ~///~ Prepared by: Martin Wobig, Electrical Distribution Eng. Coordinated with: Charles L. Rough, Jr., City Manager ~.~- ///u~ Attachments: 1. Equivalent Cost of Ownership Sheets APPROVED: R: 1 \ELEC:Id~ AWESTERN .2 Ii Oxx~ 0 IJ.I ~0 wO _~w w~ w Z W W I- n'' [C ,,,, Z z 0 0 o ,~w __.w 0m OO wo o~ zuj wn -0 >w Orr' wo ~ ~~~ ~ O0 ~z 0 ~ ~w W o ~°~~~ .q .... ~ ~~~ O0 ~~oo W W OC I-- ~8o ,,=,~:~ z I- z II ~:.j~ On03 U.~OuJ 0 ~oo,<~ o Oxx~ W wO n"o~ W,~ _~w w~ o W m Z r,- ITEM NO. 8d __ DATE: September 15, 1993 AGENDA SUMMARY REPORT SUBJECT: AWARD OF BID FOR 20,000 FEET OF 397.5 MCM BARE ALUMINUM CONDUCTOR TO KING WIRE AND SUPPLY IN THE AMOUNT OF $8,043.75 A Request for Quotation (RFQ) for 20,000 feet of 397.5 MCM bare aluminum conductor was written to provide material for overhead construction projects for the 1993/1994 fiscal year. The City sent an RFQ to sixteen (16) vendors and nine (9) bids were received and opened on September 7, 1993. The results of the bids and any exceptions noted are listed on the attached sheet. The bids were evaluated by Staff and the low bidders of the specified cable is King Wire and Supply with a total cost of $8,043.75 including tax and freight. The above items are budgeted in Account No. 800-3645, Distribution Plant: Overhead Conductors and Devices. RECOMMENDED ACTION: Award of bid for 20,000 feet of 397.5 MCM bare aluminum conductor to King Wire and Supply in the amount of $8,043.75. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject all bids and request new bids. Acct. No. (if NOT budgeted): N/A Acct. No.: 800-3645 Appropriation Requested: N/A Distribution Plant: Overhead Citizen Advised: N/A Conductors and Devices Requested by: Darryl L. Barnes, Director of Electric Utility ~/ Prepared by: Martin Wobig, Electrical Distribution Eng. 463-6296 Coordinated with: Charles L. Rough, Jr., City Manager Attachments: 1. Bid Results APPROVED R: 1 \ELEC:kk AKING BID RESULTS BIDDER 1) King Wire and Supply 2) Herning Underground Supply 3) Power Com, Inc. 4) Graybar Electric Company 5) GESCO 6) Western Electric Supply 7) Manco 8) Pirelli Cable Corporation 9) Davis,Gregory & Doll $ 8043.75 8151.00 8172.45 8751.60 8762.33 8773.05 9223.50 No Bid No Bid ITEM NO. 8e DATE: September 15, 1993 AGENDA SUMMARY REPORT SUBJECT: CORRECTION OF RESOLUTION NO. 93-51, ESTABLISHING FEES FOR ADMINISTRATION OF TAXIS The City Council previously approved a resolution establishing fees for administering the taxi ordinance. The fee listed under paragraph 2 erroneously states that the fee includes the cost of vehicle inspections. Staff had originally proposed that the fee for vehicle tags be $20, in addition to the cost of inspection. This is based on actual costs for inspections and tags. The approved resolution requires a correction to conform to what staff believes the City Council intended when it originally adopted the resolution. Since this action is in the nature of a clerical correction, Council's consideration of this proposal has not been specially noticed. The City Attorney is of the opinion that under the circumstances no such special notice is required. RECOMMENDED ACTION: City Council adopt corrected resolution. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Do not amend resolution or amend resolution by establishing set amount for vehicle inspections. If establishing a set fee, notice hearing on fee prior to taking any action. Acct. No. (if NOT budgeted): N/A Acct. No.: Appropriation Requested: N/A (if budgeted) Citizen Advised' N/A Requested by: Captain Kenneth Budrow Prepared by: David J. Rapport, City Attorney Coordinated with: Candace Horsley, Assistant City Manager Fred Keplinger, Director of Public Safety Attachments: 1. Corrected Resolution R-4/CM ASRTAXI RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING FEES FOR ADMINISTRATION OF CHAPTER 5, DIVISION 2 OF THE UKIAH CITY CODE REGULATING FOR HIRE MOTOR VEHICLES. WHEREAS, 1. The City Council of the City of Ukiah has adopted amendments to Chapter 5, Division 2 of the Ukiah City Code (UCC); and 2. The City incurs substantial costs in processing the applications and appeals authorized or required by that Chapter as. amended; 3. The City has conducted public hearings as required by law and determined after hearing that the fees established by this resolution do not exceed the actual costs of providing the services for which the fees will be charged; NOW, THEREFORE, BE IT RESOLVED that the City of Ukiah shall charge the fees set forth below for the services described herein: 1. Application fee for permit required by UCC section 2530: a. New application $25* b. To transfer permit $25* c. To substitute or add vehicles or drivers to permit $25 d. To renew permit $25* 2. Fee for vehicle tags per vehicle, excludes inspection fee to be charged at actual cost. $20 3. Fee for verification of annual vehicle inspection $10 4. Fee for application for driver's badge (section 2380) $25* *Plus cost of fingerprints and cost of Department of Justice processing. S: ~u~resos93 ~taxi2 PASSED AND ADOPTED this following roll call vote: AYES: NOES: ABSENT: day of 199__, by the ATTEST: Mayor, Fred Schneiter City Clerk, Cathy McKay s: ~u~resos93 ~taxi2 ITEM NO. 8f DATE: September 15, 1993 AGENDA SUMMARY REPORT SUBJECT: REJECTION OF BIDS FOR ASPHALT CONCRETE SURFACING ON CITY STREETS, SPECIFICATION NO. 93-13 This project is part of the City's combined Fiscal Year 1992/93 Street Maintenance Program in which various sections of streets are selected on a priority basis to receive an overlay of asphalt concrete. The new surfacing will add structural strength and extend the service life of the streets. Two (2) bids were received on September 7, 1993, as shown on the attached Bid Tabulation, with the lowest responsible bidder being Parnum Paving, Inc., Ukiah, California, in the amount of $369,043. The bid of $369,043 exceeds budgeted funds, therefore, it is recommended that all bids be rejected. The high bids appear to result from the crack filler item and an increase in Asphalt Concrete cost. Crack filling was originally planned to be accomplished by City forces, however, projects at the Solid Waste Site in preparation for winter operations become a priority. It is additionally recommended that Staff be directed to modify the Plans and Specifications, re-evaluate the project list of streets thereby reducing the proposed work to within budgeted funds and readvertise for bids as soon as possible. RECOMMENDED ACTION: Reject all bids and direct Staff to re- evaluate the project, reduce the proposed work and readvertise for bids. ALTERNATIVE COUNCIL POLICY OPTIONS: None. Acct. No. (if NOT budgeted): N/A Acct. No.: 301-9817 Appropriation Requested: N/A 301-9824 Citizen Advised: N/A Asphalt Concrete Surfacing Requested by: Bill R. Beard, City Engineer 463-6287 Prepared by: Bill R. Beard, City Engineer Coordinated with: Charles L. Rough, Jr., City Manager Attachments: 1. Bid Tabulation. APPROVED R:I\ENG AASPttALT.3 0 _ 0 '/ 0 Z MEMORANDUM DATE: September 14, 1993' TO: Charles Rough, Jr., City Manager FROM: Rick H. Kennedy, Director of Public Works/City Engineer SUBJECT: Supplemental Report to Agenda Item 8f- Rejection of Bids for Asphalt Concrete Sudacing on City Streets As reported in the Agenda Summary Report for the referenced item, the Iow bid for the asphalt overlay project exceeded budgeted funds. Particulars are as follows: 1993/94 Project Budget Funds (includes 1992/93 carryover) Lowest bid received Difference between budget and Iow bid $236,8OO 369,O43 132,243 Percentage of budget exceeded (44.2%) Engineer's cost estimate 243,225 The two bid items which contributed to the largest difference between the engineer's estimate and the Iow bid were Bid Item 1, emulsified crack filler in place (pavement preparation work) and Bid Item 5, asphalt concrete surfacing. The differences were $87,400 and $34,743, respectively. Staff contacted the Iow bidder and other agencies for an explanation as to the reasons for the high unit bid prices. We have learned the following: , The bid quantity of 46 tons for Item no. 1 exceeds the bidder's estimate of 10 tons needed to perform the crack filling work. The unit price of $2,400 per ton of emulsified filler was based on the amount of tonnage estimated by the contractor. Utilizing the bidder's estimated quantity and the unit price bid, the bid item total would be reduced to $24,000, which compares closely to the engineer's total dollar estimate for this bid item. . The unit price of $47.40 for asphalt concrete in place exceeds last year's bid of $38/ton by almost $10 per ton. The reasons provided by the Iow bidder for this large increase are as follows: a. The project is segmented and not contiguous causing several moves or downtime. Segments to be paved are short. downtime. Segments to be paved are short. b. Considerable traffic control is needed on the local streets which are to be overlaid. The cost for traffic control is included in the asphalt concrete unit price. C. The Iow bidder experienced a loss in last year's paving contract with the City. Other reasons assumed by staff for the higher unit price for asphalt concrete are: , The Iow bidder is also a supplier for asphalt concrete and is locally a sole source. Second bidder utilized a material quote from Iow bidder. 2. Low bidder has a new manager. It is to be noted that the Iow bidder is currently performing asphalt overlay work for Caltrans on Highway 29 at Kelseyville at the unit price of $31.64 per ton. It should also be noted that the overlay work on highways is usually contiguous and consists of long paving segments, thereby reducing equipment moves and downtime. Staff proposes that the asphalt overlay project be rebid. The bid unit quantity for Bid Item 1 will be corrected, 75% of the original project will be presented as the base bid, and the remaining 25% of the project be bid as alternate bid items. RK:ky R:4:Sec MBid A G E~N D A SUMMARY ITEM NO. 89 DATE: September 15, 1993 ______REPORT SUBJECT: FILING WITH CITY COUNCIL THE EMERGENCY PURCHASE OF CONTRACTUAL SERVICES TO REMOVE WOOD AND YARDWASTE AT SOLID WASTE DISPOSAL SITE On September 3, 1993 Staff became concerned over the increasing amounts of wood and yardwaste which have accumulated at the City's landfill over the past few months. Recognizing a potential fire hazard, Staff approached the City Manager with a request to immediately remove the wood and yardwaste in its entirety. As stated in Chapter 6, Purchasing Authority, Article 3, Special Procedures of the Municipal Code of the City of Ukiah, "in the case of an apparent emergency which requires immediate purchase of supplies or contractual services, the City Manager shall be empowered to authorize the Purchasing Officer to secure by open market procedure, at the lowest obtainable price, any supplies or contractual services regardless of the amount of expenditure". Upon review of the situation and potential emergency, the City Manager approved securing the services of Reuser, the lowest bidder, for removal Of the wood and yardwaste in the amount of $18,750. RECOMMENDED ACTION: Pursuant to the referenced ordinance, this report of the circumstances of the emergency purchase shall be filed by the Purchasing Officer with the City Council and the report shall be entered in the minutes of the Council and shall be open to public inspection. ALTERNATIVE COUNCIL POLICY OPTIONS: None. 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: Rick H. Kennedy, Director of Public Work/City Engineer Sue Goodrick, Public Works Administrator 463-6286 :;~ Coordinated with' Charles L. Rough, Jr., City Manager Attachments: APPROVED: R: D, LANDFILL:kk AREUSER ITEM NO. 8h DATE: September 15, 1993 AGENDA SUMMARY REPORT SUBJECT: AWARD OF CONTRACT TO AMERICAN ASPHALT REPAIR AND RESURFACING CO., INC., IN THE AMOUNT OF $74,973.00 FOR SLURRY SEAL ON CITY STREETS, SPECIFICATION NO. 93-14 This project is part of the city's combined Fiscal Year 1992/93 and 1993/94 Street Maintenance Program in which various sections of streets are selected on a priority basis to receive an asphaltic seal over existing asphalt paving. The slurry seal is a mixture of liquid asphalt and small aggregate spread upon the surface of existing pavement to fill the surface voids and prevent further deterioration of the pavement surface. The net effect of a Slurry Sealing Program is to extend the service life of existing pavement. Two (2) bids were received on September 7, 1993, as shown on the attached Bid Tabulation, with the lowest responsible bidder being American Asphalt Repair and Resurfacing, Co., Inc., in the amount of $74,973.00. The bid of $74,973.00 is within present budgeted funds, therefore, it is recommended that a contract in the amount of $74,973.00 be awarded to American Asphalt Repair and Resurfacing Co., Inc., for Slurry Seal on city streets. RECOMMENDED ACTION: Award of a contract in the amount of $74,973.00 to Amercian Asphalt Repair and Resurfacing Co., Inc., for Slurry Seal on City Streets, Specification No. 93-14. ALTERNATIVE COUNCIL POLICY OPTIONS: Not award contract and not place Slurry Seal on City streets. Acct. No. (if NOT budgeted): N/A Acct. No.: 303-9501 Appropriation Requested: N/A 303-9503 citizen Advised: N/A Requested by: Bill R. Beard, City Engineer 463-628~~~~ Prepared by: Bill R. Beard, city Engineer Coordinated with: Charles L. Rough, Jr., City Manager.S&- Attachments: 1. Bid Tabulation. 0 ~ u. 0 u) ~ o ~o I-- 0 ~ o ~ > o F-- 0 0 0 0 o. o o o Oc~ 0 0 0 0 00 0 0 0 0 0 · -- 0 0 0 ~- 0 00 0 ,m(/). 0:) 0 0 0 ~ o. o o C~ 0 0 0 0 0 0 0 0 0 0 cO 0 0 0 ~1' 0 00 u~ 0 0 0 0 ~ 0 00 LO ~ (y) -r ~ Z Z U ~ o o < 0 0 00 o4 tO ~,4 Z 0 Z u o ~ o i- · ITEM NO. Si DATE: September 15, 1993 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS MADE DURING THE MONTH OF AUGUST 1993 Payments made during the month of August 1993, 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: Louise Burt, Director of Finance 463-6220 Coordinated with: Paulette Klingbeil 463-6230 Attachments: Report of Disbursements APPROVED(._...(~_. / B: I/OFFICE:kk 1 ADISBURSEMENTS.2 CITY OF UKIAH REGISTER OF PAYROLL AND DEMAND PAYMENTS DATE: August, 1995 Demand Payments approved: Check No. 61584 to 62065 inclusive. FUNDS: 100 General 120 Capital Improvement 140 Park Development 150 Civic Center Construction 220 Parking Dist. Rev. Fund 230 Parking Dist. #1 Rev. Fund 260 Dwntwn. Bus. Impr. Dist. 300 Gas Tax 301 Gas Tax Fund (2107) 550 Lake Mendocino Bond 575 Garage 600 Airport 610 Sewer Service 612 City/District Sewer 640 Sanit. Dist. Revolving 660 Sanit. Disp. Site 662 JPA/LTF Fund 665 Refuse/Debris Control 670 U.S.W. Bill & Collect. 200 Asset Seizure Fund 332 $193.795.48 756.20 25.00 560.50 Aq: 112-97 14,475.26 915.66 65,313.57 13.80 41,879.15 2,280.55 Federal Emergency Shelter Prog. 16,402.00 680 Ambulance Service 695 Golf 696 Warehouse/Stores 800 Electric 805 Street Lights $ 1,608.80 16,144.66 41.796.87 478.185.25 10.091.55 820 Water 51,110.65 841 Water Treatment Plnt 900 Spec. Deposit Trust 26,931.68 940 Payroll Posting Fund255,754,33 950 General Service 894.87 960 Comm. Redev. Agency 32.017.25 962 Redev. Housing Fund 51.437.16 400 Recreation Ent. Fund 2~971.21 663 Countywide 3PA 9,531.63 693 Clubhouse Renovations 901.64 697 Billing Ent. Fund 1,582.89 PAYROLL CHECKS NO. 49288 PAYROLL PERIOD 7/18/99 PAYROLL CHECKS NO. 49509 PAYROLL PERIOD 8/01/93 to 49508 to 7/31/93 to 49719 to 8/14/93 TOTAL DEMAND PAYMENTS TOTAL PAYROLL CHECKS TOTAL PAYMENTS $ 1~372~799.34 $ 308,908.42 $ 1~681~707.76 CERTIFICATION OF CITY CLERN This register of Payroll and Demand Payments was duly approved by the City Council on . City Clerk APPROVAL OF CITY MANAGER I have examined this Register and approve same. City Manager CERTIFICATION OF DIRECTOR OF FINANCE I have audited this Register and approve same for accuracy and available funds. Director of Finance Oo O0 O0 J~ I I '0 '0 mr.. 'LDO_ 000 00o 000 o00 ~. , W~ LI. Wt HL.i WWi ZZ ~ XX f.,O r.-' Z <~Z bJ 0 (' :'""C'~ '¢ ¢ ~':')C C ( ( C ,'¢' · ~ '.W~¢ (' C C C "<"C' "C ~ .-..: c .7-:' , .... 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Z ZO '<i: ~ O0 t~ o o o 00~ 00000 o 00 0 0 '~: .,~ ~.' ~.' I v ~ oo_ 0 0 0 0 oo 0 O000 o (DO 0 0 0 0 0 0 .:,,, : oo ~ o o o oo0oo?oo o Oo o o o o o o (.-- 0 o ogooo' ~g ~o oo o[ 0000~000000000 : . ~ ~ooo · oo§o~ .oo oo§go§8 00000000000000 ! o -J ¢.1 r'-:~ ~ oo ~ °° o o o Z Oo O0 oO ) 0 .,4. 0 0 0 0 0 0 0 0 i,~ p- r~ I ' i 0 0 0 o i oo; o oo oo o ~ oo! oo .~ ,."- ! m O000~J · -~ Of 0 00000 0 O[ 0 00000 0 O~ 0 0000o O0 0 0000000 t-[ O0000008 v W t S ooo~ ~ 0o0o oo0 0 0 0 0 o O0 0 0 0 0 · Z ¢? t o ¥' 0 O: 0 .":3 0 o o o ~0 .,-4 .,.-t · ., oo o oooo ~ c r4 ~ °° ° oo800 o o o o 0.0 C: O0 0 C; 0 0 T,4,' .-~ ~ "r-'~ ..r,,-i .r.4 -~,4 ,,r..4 .--t -.-,4 r, L ~-..:.. ) ~._,,,, :,. .) ,:::..:. .) ,J .) .) .)¢:., .) .)..,,,,.,,..)--:, .) .) .) .) .),;>. _.) , ,).,.~-,.),..) . -~ ;.'i" (.,, ,;.:),. ,.,~, ,,.ar,, ~ ~,,,~ ~. ~,.,,:~ :,.,, ~,,%~ .... · _.J~ J .:Il: 0 .J Z V rJ ITEM NO: 8j. MEETING DATE: September 15, 1993 AGENDA SUMMARY REPORT SUBJECT: Authorize the City Clerk to Re-advertise Public Member Cultural Arts Advisory Board Vacancies The upcoming CAAB vacancies were advertised by the City Clerk with only one application received for the education representative position by the deadline date of August 31, 1993. There will be two public member vacancies occurring October 3, 1993, and re-advertising is requested at this time, for these two positions. RECOMMENDED ACTION: Authorize the City Clerk to re-advertis~ the two upcoming public member positions on the Cultural Arts Advisory Board. ALTERNATIVE COUNCIL POLICY OPTIONS: Acct. No. (if NOT budgeted): N/A Acct.No: Appropriation Requested: N/A citizen Advised: N/A Requested by: Prepared by: Cathy McKay, city Clerk ~ Coordinated with: Candace Horsley, Acting city Manager Attachments: 1. city list of terms. Airport - 3 year term * Robert G. Webb Sinet M. simon * Robert Wattenburger Allan Hunter Robert Farnbach Dorleen McBride Mark Davis* Expires to Serve 6/30/94 6/30/9-, 6/30/94 6/30/97 6/30/95 6/30/95 6/30/95 6/30/98 6/30/95 6/30/95 6/30/96 6/30/96 6/30/96 6/30/99 Planning - 3 year ter~. Richard Long William W. Randolph Robert Reid Estok Menton cindee Mayfield Leif Farr Stephanie Hoppe Parks and Recreation - 3 ear term * Angela Hooper Allen Carter John W. Meier Susan Johnson Allan Johnson William Clarke 6/30/94 6/30/97 6/30/95 6/30/98 6/30/95 6/30/95 6/30/95 6/30/98 6/30/96 6/30/99 6/30/94 6/30/94 6/30/94 6/30/97 6/30/95 6/30/98 6/30/95 6/30/98 6/30/95 6/30/98 6/30/96 6/30/99 6/30/96 6/30/96 6/30/96 6/30/99 6/30/96 6/30/99 Carlos Jacinto * · Two Commissioners May Reside Within city's Sphere of Influence civil Service Board - 4 year term Albert Beltrami (appointed by Council March 21, 1990) Gary Bruchler (appointed by employees July, 1991) Dan Saylor (appointed by two other members) cit eR resentative on the Libra~ Commission Ann Fatch 6/30/92 Cultural Ar~_s Advisory Board --Diane Sloan Barbara Wanderer Jan McGourty Star Carroll-Smith Nancy Biggins Jim Mayfield-Museum Endowment Fund 10/3/94 10/3/97 10/3/93 10/3/96 10/3/93 10/3/96 10/3/95 10/3/01 10/3/95 10/3/01 10/3/95 Kathy Rough-Sun House Guild 10/3/95 Vicki Sparkman-Ukiah civic Light Opera 10/3/94 Evelyn Broaddus-Mendocino Ballet 10/3/94 oini LaGoia-Education 10/3/93 Margaret Giuntoli-Mendo. Co. Historical 10/3/95 Jean Slonecker-Ukiah Symphony 10/3/95 Keith White Wolf James-MMDC Golf Course Committee - 2 ear term Allen Carter - Parks and Recreation Allan Johnson - Parks and Recreation Perry Ramsey - Mens Golf Club Donald Rones, Sr. - Public Member Betty Bassler - Womans Golf Club 6/30/97 10/3/95 6/30/95 6/30/94 6/30/94 6/30/94 6/30/95 Demolition Permit Review Committee - 2 year term Robert Burke - Planning Comm. Chr. 6/30/95 Clif Shepard - Building official 6/30/95 Marge Giuntoli - Hist. Society 6/30/95 Judy Pruden - Resident 6/30/95 10/3/97 10/3/97 10/3/96 10/3/98 10/3/98 10/3/98 6/30/98 6/30/96 6/30/96 6/30/96 6/30/97 6/30/97 6/30/97 6/30/97 ITEM NO. 10a DATE: September 15, 1993 AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION OF RESOLUTION ADJUSTING FEES AT THE UKIAH MUNICIPAL GOLF COURSE When the Golf Course Committee was first formed several years ago, there were several long-term projects which the City Council, Committee, and City Staff prioritized for the Golf Course. Of these projects, the remodeling of the Clubhouse and the appointment of a Golf Superintendent were two of the priority items. Both of these have been accomplished in the last year and the golfers and citizens alike have expressed their appreciation and pleasure with the results. One other priority item for the City and Golf Course Committee, as expressed by many of the golfers, was their concern over the lease of the back eight holes by the City from the County of Mendocino. When the 25-year lease expired two years ago, there was great concern as to the future of the back eight property. Since that time, the City Manager and County Administrator have come together and negotiated the purchase of the back eight from the County by the City of Ukiah for approximately $1 million. These negotiations were completed in August, 1993. Upon investigating financing for the Golf Course Enterprise Fund of the $1 million, the City has been able to arrange low-rate financing with an annual payback of approximately $78,000 a year for 25 years, at 5.5%. (Continued on Page 2) RECOMMENDED ACTION: Adopt the proposed resolution. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Amend the proposed fee schedule. Acct. No. (if NOT budgeted): N/A Acct. No.: Appropriation Requested: N/A (if budgeted) Citizen Advised: Yes Requested by: Golf Course Committee Prepared by: Candace Horsley, Director of Community Services~ Coordinated with: Charles L. Rough, Jr., City Manager Attachments: 1. Proposed resolution. 2. GolfQou~se Fees Revenue Projections //i) 3:PARK\ASR.GOLF Summary (Continuedl When computing the fee increases needed to cover the buy-out of the back eight, the City's commitment to small incremental rather than large one-time increases to the public and to our senior citizens was taken into consideration. Maintaining ratios between various categories and, thus, allowing for equivalency among all categories, was also used as a standard. The resulting proposed nominal fee increases will adequately cover anticipated costs of the back eight loan and also the continued payment on the remodeling of the Clubhouse and the increased costs of operation. The basic increase for play recommended is approximately a $2.00 increase for day use rates. Increases for other fees for play calculate to approximately $3.33 per round for adults to $1.17 per round for juniors based on a weekly play of three times for 11 months out of the year. On the private cart use path fees, Staff had recommended a breakdown from a single rate to a three-tiered rate for an individual, two partners, or a family. Upon review by the Golf Course Committee, it was recommended that we stick with the one rate, increase it to $110, and increase the cart storage rate by $2.00 per month. This revision still will produce the amount of revenue required. Once the revisions were made by the Golf Course Committee, the proposed fees were posted at the Golf Course Pro Shop for citizens to review. An announcement was also posted which gave the time and date for the public hearing by the Golf Course Committee on these rates. At this public hearing, only two people spoke. They asked why the Golf Course was being purchased now, if the senior rate needed to be raised, and why the cart path fees were being raised. The Golf Committee members did an excellent job of responding to these questions and comments. The basic tenure of their message being that they have received numerous comments from the golf public that they are ecstatic about seeing the City purchase the back eight property now that the 25-year lease has expired which will ensure the future of the Golf Course. They also feel that the fee increases have been fairly and equivalently divided across the board among the various fees so that no one group takes a large increase. In addition, they are still the lowest rates of any golf course around. After approximately 20 minutes of discussion, the Committee voted unanimously to recommend the attached fee schedule to the City Council. The City of Ukiah is committed to providing a golf course facility that is accessible to all in our community. The City offers senior, junior, twilight, yearly, and monthly passes, several of which are not even offered at most golf courses. In addition, private carts are allowed to be used on the City Golf Course at the proposed rate of $110 a year. At the six other golf courses that are most frequently used by local citizens, only two allow private golf carts and at a rate of $295 a year. -2- The Golf Course Committee and many of the golfers, along with Staff, feel that we offer a fair and equivalent schedule of fees which continue to be the lowest among the courses frequently used by our community and continue to provide many options for all players. We have met the needs of the golfers by improving the facilities and the golf course, especially in the last several years. Along with these associated costs, the increased expenses of regular operational maintenance requires a slight increase in the fees. Our rates are not as high as other golf courses and we do not charge "country club" rates because we are a close-knit community golf course which continues a strong interlinking relationship with the golf clubs and community golfers. It is, therefore, requested that the Council approve the Golf Course Committee recommended fees as attached and adopt the resolution as submitted. 3:PARK/ASR.GOLF -3- RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADJUSTING FEES FOR THE UKIAH MUNICIPAL GOLF COURS~I WHEREAS, the City of Ukiah Golf Course Committee agrees that the City of Ukiah should purchase the "back eight" holes property from the County of Mendocino; and 7 WHEREAS, the City has obtained a low-interest rate loan for 8 that purchase; and 9 WHEREAS, the Golf Course Committee has studied other Golf ]0 Courses and found City of Ukiah fees to be extremely low in ]] comparison; and WHEREAS, the Committee has reviewed fees and discussed them with the golfing public; NOW, THEREFORE, IT IS HEREBY RESOLVED that the following rates are hereby established for the Ukiah Municipal Golf Course: FEES-WEEKDAY ]6 ~OLF COURSE CATEGORY FEES-WEEKEND ]7 A. 9 Holes $ 9.00 $11.00 ]8 B. 18 Holes $13.00 $15.00 Senior $ 8.00 $10.00 ]9 Junior* $ 6.00 $ 8.00 9.0 C. Twilight $ 6.00 $ 8.00 D. Yearly Adult 9.9. Adult Couples Senior 9.3 Senior Couples Junior 24 E. Monthly 9.5 Adult Senior 9.6 Junior 9.7 *Junior = 18 years and under FEES $500 $775 $325 $575 $175 $ 70 $ 55 $ 40 9.8 1 2 3 4 5 6 7 8 9 10 ~OLF COURSE CATEGORY F. Punch Cards G. Yearly Cart-Path H. Monthly Cart Storage Fees Gas Electric I. Out of County Fee Lake County Fee PASSED AND ADOPTED this __ by the following roll call vote: ]2 AYES: NOES: ABSENT: ]6 ATTEST: ]8 Cathy McKay, City Clerk 20 21 22 3:PARK\GOLF.RF~S 23 24 25 26 27 28 FEES-WEEKDAY _ - 2 - day of FEES-WEEKEND __ FEES $100 $1~0 $ 14 $ 17 $ 5 , 1993, Fred Schneiter, Mayor I :::::::::::::::::::::::::::::::::: 0 : :<.: :.:.: :<.: :.:. :.: ::.>: :.::.:.: :.:.: :... iii iiiiii~ ~ ~ o o o ~0 ~ 000 i'i:,: !i:i:i!: .:! · ::i :i:i: :i:i:i:::: :::::::::::::::::::::: : .i: ::::::.:: ::::::: :.:.:: ~:.-. : ::~:i:~:::::!!:: : ~ 0 ~ ~ ~ 0 ~ ~ ~:..:::::.::::: 5: ~:.D :~ · ::: :. ' m ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o o ~, ~ o o ~ ::::' ~ 0 ~ 0 0 -~ ~ ~-~.~ ~ ~.~.~ ITEM NO. lla DATE: September 15, 1993 AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION OF AMENDMENTS TO CITY OF UKIAH'S ORDINANCE PERTAINING TO THE REGULATION OF SMOKING The City Council is aware that the County of Mendocino adopted, on July 27, 1993, the "Smoking Pollution Control and Health Protection Ordinance," which became effective August 26, 1993. This ordinance represents for the unincorporated areas of our County, the first County regulations relative to prohibiting smoking in public places, and is far more far-reaching than the City of Ukiah's present ordinance regulating smoking. The Mendocino County Tobacco Control Coalition, through the County Public Health Department, has requested that the four incorporated cities consider adoption of the recently adopted County Ordinance. Their desire is for a uniformity of law, approach, and enforcement from one jurisdiction to the other. (Continued on Page 2) RECOMMENDED ACTION- City Council consider and approve one of the four ordinance alternatives presented. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Consider and approve an alternative not presented. Acct. No. (if NOT budgeted): N/A Acct. No.: Appropriation Requested: N/A (if budgeted) Citizen Advised- N/A Requested by: Mendocino County Tobacco Coalition Prepared by- Charles L. Rough, Jr., City Manager~~ David Rapport, City Attorney Attachments: 1. Four Ordinance Alternatives 2. Public Health Department responses to questions from the City 3. Data relevant to Mendocino County 4. Copies of the materials being distributed to businesses by the County Public Health Department 5. Summary of reports on passive smoking that can be obtained through the Public Health Department 6. Copy of a report on the economic effect of ordinances requiring smoke-free restaurants 7. A summary of the EPA Report on the Respiratory Health Effects of Passive Smoking 8. Miscellaneous relevant report summaries 9. Written correspondence received by the City on this issue. APPROVED' _ R: 4/CM ASRSmoke In approaching this important public policy issue, the City of Ukiah evaluated the recently adopted County ordinance, initiated our own independent research on the issue, asked additional questions of our County Health Department, and conducted a survey asking for the opinion of our residents and businesses on the subject. Essentially, the adopted County Ordinance prohibits smoking in all enclosed public places except for bars, tobacco stores, and public rooms reserved for private functions. The County Ordinance also prohibits smoking in all places of employment, prohibits self-service sale of tobacco products, regulates the sale of tobacco products to minors, and prohibits cigarette vending machines except in bars. The current City Ordinance allows smoking in public places, if: a) non-smoking areas remain smoke free; b) non-smokers don't need access to smoking areas; and c) non-smoking areas are equal in size to smoking areas. The City Ordinance also requires smoke free work areas if requested by an employee. The City Ordinance does not regulate the sale of tobacco products, the sale of tobacco products to minors, and does not regulate cigarette vending machines. It should be noted at this point that any adoption of the County Ordinance, or portions thereof, by the City Council would be in the form of amendments to our current City Ordinance. The primary impetus behind the County, as well as a number of other local government jurisdictions through the State rethinking their public policy position relative to smoking in public places, enclosed public places and/or places of employment, can be attributed to the increasing amount of evidence from a variety of research studies indicating the potential involuntary health hazards for non-smokers exposed, even for limited periods of time, to environmental tobacco smoke (second-hand smoke). The purpose behind the County Ordinance is twofold: , To prevent exposure to environmental tobacco smoke in workplaces, public places, and restaurants · To prevent youth from easy access to all tobacco products. The County Public Health Department will assume responsibility for the enforcement of the County Ordinance, if amended and incorporated as part of the City's Ordinance. Funding for this enforcement program by the Public Health Department within our City limits comes via Proposition 99. The County Public Health Department has indicated that due to this funding, there will be no reimbursement for such enforcement activities requested from the City of Ukiah. The results of the City survey will be shared at the September 15 City Council meeting. The survey is one more example of this City's continuing effort to seek out the opinion of our citizens on a range of policy issues. A total of 6,499 survey cards were mailed out to City residents and businesses. By the cut-off deadline of August 23, 1993, there were 2,455 survey returned. While we have never represented this survey as being scientifically conducted, we do believe it serves the purpose of being a reasonably sound reflection of public opinion on this issue. Staff has prepared for City Council consideration and review four policy alternatives as amendments to our current City Ordinance, and they are: . Amend the current City Ordinance to include all provisions of the recently adopted County Ordinance. · Amend the current City Ordinance to include all provisions of the recently adopted County Ordinance, deleting the County's exception of bars. · · Amend the current City Ordinance requiring businesses to decide whether it allows or prohibits smoking. Requires warning sign(s) where smoking is permitted. Does regulate tobacco sales, tobacco sales to minors, and cigarette vending machines. Amend the current City Ordinance to include provisions regulating the sale of tobacco products, tobacco products to minors, and cigarette vending machines. A more comprehensive presentation of each of the policy alternatives and the survey results will be provided during our staff presentation. For your benefit, we have included copies of the proposed amended ordinances for each of the four proposed alternatives; Public Health Department responses to questions from the City; data relevant to Mendocino County; copies of the materials being distributed to businesses by the County Public Health Department; a summary of reports on passive smoking that can be obtained through the Public Health Department; a copy of a report on the economic effect of ordinances requiring smoke-free restaurants; a summary of the EPA Report on the Respiratory Health Effects of Passive Smoking; other relevant report summaries; and copies of written correspondence we have received on this issue. Oz 0 - ~ ~ ~~o =~ ~o ~ ~ 0 ~0 ~00 ~00 ~00 D~ ~o E'~ o - ~ =~ ~ - o o o .... ~ ~0 ~ ~ ac ~o < ~ · ~ ~ ~ ~ 0 ~0 ~0 , o .~ = = = 0 O O O ~ ~ ~ E E ~0 ~0~ ~0 ~0 ~0 ~0 . ~ ~ 0 ~ 0 ~ 0 ~ 0 ~ ~ ~0 ~0 ~0 ~0 ~ 0 · =._ 0 ~ 0 0 Z ~ ~ oe ~= ~ ~ ~ ~~ 0 0 - ._ =g ~8© PROPOSED ORDINANCE A ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH, AMENDING CHAPTER 7 OF DIVISION 5 OF THE UKIAHCITY CODE, REGULATING SMOKING IN VARIOUS LOCATIONS WITHIN THE CITY OF UKIAH. The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE: Chapter 7 of Division 5 of the Ukiah City Code is hereby amended to read as follows: Article i shall be renamed: Definitions. Title, Findings and Section 4501 is amended to read as follows: Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution, and that breathing environmental tobacco smoke is a cause of disease, including lung cancer, in nonsmokers. , Health hazards induced by breathing environmental tobacco smoke include lung cancer, heart disease, respiratory infection, dec~eased respiratory function, bronchoconstriction, and bronchospasm. o o The American Medical Association, former U.S. Surgeon Generals C. Everett Koop, M.D. and Antonia Movello, Health and Human Services, Dr. Louis Sullivan, have publicly denounced the tobacco industry for targeting children, teens, women amd members of racial and ethnic minority groups in its advertising and promotions and have called for local, state and federal action to prevent the tobacco industry from targeting these individuals, especially youth. Based on the weight of available .scientific evidence, the U.S. Environmental Protection agency (EPA) has concluded that the widespread exposure to environmental tobacco smoke in the United States presents a serious and substantial public health impact. PROPOSED ORDINANCE A . The purposes of this ordinance are to (1) protect the public health and welfare by prohibiting smoking in public places and places of employment; (2) guarantee the right of nonsmokers to breathe smoke-free air, and recognize that the need to breathe smoke-free air shall have priority over the desire to smoke, and (3) reduce access of persons under 18 years of age to tobacco products by restricting their access to tobacco products. A new section 4501.5 shall be added to Article i to read as follows: §4501.5: DEFINITIONS: The following words shall have the following meanings whenever used in this Chapter: , "Bar" means an area which is devoted to the serving of alcoholic beverages for consumption by guests-on the premises and in which the serving of food is only incidental to the consumption of such beverages. Although a restaurant may contain a bar, the term "bar" shall not include the restaurant dining area. A "bar," for the purpose of this definition, does not include any establishment where tobacco smoke can filter into a restaurant through a passageway, ventilation system, or any other means. . "Business" means any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered. · · . "City" means the City of Ukiah. -. · "Employee" means any person who is employed bY any employer and any person who volunteers his or her services for a non-profit entity. , "Employer" means any person, partnership, association, corporation, or non-profit entity, which employs one or more persons for compensation. s:\u\ords93\smoking September 8, 1993 2 . . PROPOSED ORDINANCE A "Enclosed Area" means all space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passage ways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid. "Place of Employment" means any enclosed area under the control of an employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and rest rooms, conference and class rooms, employee cafeterias and hallways. A private residence is not a "place of employment" unless it is used as a child care or health care facility. "Public Place" means any enclosed area to which the public is invited or in which the public is permitted, including, but not limited to, banks, educational facilities, health facilities, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, theaters and waiting rooms. A private residence is not a "public place". . "Restaurant" means any coffee shop, cafeteria, sandwich stand, private ahd public school cafeteria, and any other eating establishment which gives or offers for sale'food to the public, guests or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities, except that the term "restaurant" shall not include a cocktail lounge or tavern if said cocktail lounge or tavern is a "bar" as defined in section 4501.5(1). 10. "Retail Tobacco Store" , means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of Other products is merely incidental. 11. "Self service merchandising" means open promotional displays of tobacco products and point-of-purchase tobacco promotional displays to which the public has direct access without the assistance of an employee. s:\u\ords93\smoking 3 September 8, 1993 PROPOSED ORDINANCE A 12. "Smoking" means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, weed, plant or other combustible substance in any manner or in any form. 13. "Sports Arena" means the enclosed portions of sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys and other similar places where members of the general public assemble either to engage in physical exercise, participate in athletic competition, or witness sports events. 14. "Tobacco Vending Machine" means any electronic or mechanical device or appliance the operation of which depends upon the insertion of money, whether in coin or paper currency, or other things representative of value, which dispenses or releases a tobacco product. 15. "Tobacco Product" means any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, snuff or any other form of tobacco which may be utilized for smoking, chewing, inhalation or other manner of ingestion. 16. "Vendor-assisted" means only a store employee has access to the tobacco product and assists the customer by supplying the product. The customer does not take possession of the product until it is purchased. Section 4502 is amended to read as follows: §4502: APPLICATION OF CHAPTER TO CITY-OWNED FACILITIES: Smoking is prohibited in all places of employment and public places owned by the City. Section 4503 is amended to read as follows: §4503: PROHIBITION OF SMOKING IN ENCLOSED PLACES AND IN PLACES OF EMPLOYMENT: Smoking shall be prohibited in all public places'within the City of Ukiah, including the following places: , 1. Elevators. s:\u\ords93\smoking September 8, 1993 4 PROPOSED ORDINANCE A · Buses, taxicabs, and other means of public transit under authority of the City of Ukiah, and ticket, boarding, and waiting areas of public transit depots. 3. Rest rooms. 4. Service lines. 5. Retail stores· . Ail areas available to and customarily used by the general public in all businesses and non-profit entities patronized by the public, including but not limited to, attorneys offices and other offices, banks, laundromats, hotels and motels. 7. Restaurants. · Public areas of galleries, libraries and museums, when open to the public. Any facility which is primarily used for exhibiting any motion picture, stage, drama, lecture, musical recital or other similar performance. 10. Sports arenas and convention halls. 11. Every room, chamber, place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee, including joint committees, or agencies or any political subdivision of the State during such time as a public meeting is in progress, to the extent such place is subject to the jurisdiction of the City. 12. Waiting rooms, hallways, wards and rooms of health facilities, including, but not limited to, hospitals, clinics, physical therapy facilities, doctors' offices, and dentists' offices. Section 4504 is amended to read as follows: . §4504: REGULATION OF SMOKING IN PLACES OF EMPLOYMENT: a. It shall be the responsibility of employers to provide a smoke-free work place for all employees, s:\u\ords93\smoking September 8, 1993 5 PROPOSED ORDINANCE A but employers are not required to incur any expense to make structural or other physical modifications. , Within 90 days of the effective date of the amendments to Chapter 7, each employer having an enclosed place of employment located within the City of Ukiah shall adopt, implement, make known and maintain a written smoking policy which shall contain the following requirements: Smoking shall be prohibited in all enclosed facilities within a place of employment without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, rest rooms, company owned or leased vehicles, and all other enclosed facilities. D . E · The smoking policy shall be communicated to all employees within three (3) weeks of its adoption. Ail employers shall supply a written copy of the smoking policy upon request to any existing or prospective employee. It shall be unlawful'and constitute a violation of this Chapter for any employer to fail to adopt the policy required by this section or for any person to violate the policy. A new Section 4504.5 is hereby added to Chapter 7, Article 3 of the Ukiah City Code to read as follOws: §4504.5: TOBACCO VENDING MACHINES: Except as otherwise provided in this section, no person, business, or tobacco retailer shall locate, install, keep, maintain or use, or permit the location, installation, keeping, maintenance or use on his, her or its premises any tobacco vending machine for the purpose of selling or distributing any tobacco product. Cigarette vending machines located in areas from which children under 18 years of age are prohibited shall be exempt from this restriction. Any cigarette vending machine located in such an area must be placed 30 feet or greater from the entrance to such an establishment. AnY s:\u\ords93\smoking 6 September 8, 1993 PROPOSED ORDINANCE A tobacco vending machine in use on the effective date of this ordinance shall be removed within thirty (30) days after the effective date of the amendments to this Chapter. A new Section 4504.6 is hereby added to Chapter 7, Article 3 to read as follows: §4504.6: SELF-SERVICE MERCHANDISING PROHIBITED: It shall be unlawful for any person, business, or tobacco retailer to sell, permit the sale, offer for sale,or display for sale tobacco products by means iof self- service merchandising or by means other than vendor- assisted sales. Cartons of cigarettes, multi-container packages of smokeless tobacco, cigars and pipe tobacco are exempt from this regulation. A new Section 4504.7 is hereby added to Chapter 7, Article 3, to read as follows: §4504.7: SALE OF TOBACCO PRODUCTS TO MINORS a. Any person, business, tobacco retailer or other establishment subject to this ordinance shall post plainly visible signs at the point of purchase of tobacco products which state "THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER EIGHTEEN YEARS OF AGE IS PROHIBITED BY LAW, PHOTO ID IS REQUIRED." The letter of said sign should be at least one quarter inch (~") 'high. . No person, business, tobacco retailer, or owner, manager or operator of any establishment subject to this ordinance shall sell, offer to sell, or permit to be sold any tobacco product to an individual without requesting and examining identificat%on establishing the purchaser's age as eighteen years or greater unless the seller has some reasonable basis for determining the buyer's age. Section 4505 is amended to read as follows: §4505: AREAS WHERE SMOKING IS NOT REGULATED:. a. Notwithstanding any other provision of t~is Chapter to the contrary, the following areas shall not be subject' to the smoking restrictions of this Chapter: s:\u\ords93\smoking September 8, 1993 PROPOSED ORDINANCE A . Bars. Bars attached to restaurants shall not be subject to smoking restrictions, provided the following: a . The bar area is not the principal waiting area for the restaurant; b . Restaurant patrons do not have to walk through the bar to gain access into the restaurant; C . The bar and the restaurant have separate ventilation systems; and d. Persons under 21 years of age are prohibited from the bar area. . Private residences, except when used as a child care or health care facility. Single person businesses conducted from private residences shall not be subject to smoking restrictions. 3. Retail tobacco stores. . Restaurants, hotel and motel conference or meeting rooms and public and private assembly rooms while these places are being used for private functions. 5. Hotel and motel rooms rented to guests. . Semi-private or 'private rooms and wards in hospitals, if all occupants agree. · On a stage when smoking is part of the stage production. m . Notwithstanding any other provision of this section, any owner, operator manager or other person who controls any establishment described in this section may declare that entire establishment as a nonsmoking establishment, or may designate certain rooms as no smoking areas. It shall be unlawful and constitute a violation of this Chapter for any person to smoke in violation of any policy adopted' under this subsection B; provided signs declaring the area a NO SMOKING AREA are conspicuously posted in that area as required by Section 4506. s:\u\ords93\smoking September 8, 1993 PROPOSED ORDINANCE A Section 4506 is amended to read as follows: §4506: POSTING OF SIGNS: The owner, operator, manager, or other person having control shall post in conspicuous locations "No Smoking" signs with letters of not less than one inch (1") in height or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) in every room, building, or other place where smoking is regulated by this Chapter. Such signs shall also be posted at the exterior entrances on all businesses regulated by this Chapter. Section 4507 is amended to read as follows: §4507: ENFORCEMENT A, Enforcement of this article shall be implemented by the Mendocino County Department of Public Health, acting as the City of Ukiah health department pursuant to the Agreement between the City and Mendocino County dated February 15, 1952. . Any citizen who desires to register a complaint under this chapter may initiate enforcement with the Mendocino County Department of Public Health. C . The Public Health Department shall require, while an establishment is undergoing otherwise mandated inspections, a "self-certification" from the owner, manager, operator or other person having control of such establishment that all requirements of this article have been complied with. m . Any owner, manager, operator or employee of any establishment regulated by this article may inform persons violating.this article of the appropriate provisions thereof. New Sections 4507.1, 4507.2, 4507.3, and 4507.4' a~e hereby , added to the Ukiah City Code to read as follows: §4507.1: PENALTY FOR VIOLATING CHAPTER A, It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of s:\u\ords93\smoking September 8, 1993 9 PROPOSED ORDINANCE A any premises subject to regulation under this Chapter to fail to comply with any of its provisions. S . It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provision of this Chapter. C. Any person who violates any provision of this Chapter shall be guilty of an infraction, punishable by: A fine not exceeding one hundred dollars ($100) for a first violation. . A fine not exceeding two hundred dollars ($200) for a second violation of this Chapter within one (1) year. , A fine not exceeding five hundred dollars ($500) for each additional violation of this Chapter within one (1) year. D . A private right of action is hereby created. Any person may bring an action against any person described in subsections A or B of this section. In addition to any other remedies provided by law a Court hearing such an action may enjoin any person or business from violating any provision of this Chapter and/or award a statutory penalty not to exceed five hundred dollars ($500) for each violation. ~4507.2: NONRETALIATION: No person or employer shall discharge, refuse to hire or in any manner retaliate against'any employee or applicant for employment because such employee or applicant exercises any right to a smoke free environment afforded by this Chapter. §4507.3: PUBLIC EDUCATION: . The Mendocino County Department of Public Health shall engage in a continuing program to explain and clarify the purposes and'requirements of this Chapter to citizens affected by it, and to guide owners, operators and mangers in their compliance with it. Such programs may include publication of a brochure for affected businesses s:\u\ords93\smoking September 8, 1993 1 0 PROPOSED ORDINANCE A and individuals explaining the provisions of this Chapter. §4507.4: OTHER APPLICABLE LAWS: This article shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. SECTION TWO: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Ukiah hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. 'SECTION THREE: Publication and Effective Dat~. This ordinance shall become effective thirty (30) days from its adoption and shall be published as required by law. Introduced by title on the following roll call vote: , 1993, by AYES: NOES: ABSENT: Adopted on following roll call vote: 1993, by the AYES: NOES: ABSENT: ATTEST: Mayor City Clerk s:\u\ords93\smoking September 8, 1993 11 PROPOSED ORDINANCE B ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH, AMENDING CHAPTER 7 OF DIVISION 5 OF THE UKIAHCITY CODE, REGULATING SMOKING IN VARIOUS LOCATIONS WITHIN THE CITY OF UKIAH. The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE: Chapter 7 of Division 5 of the Ukiah City Code is hereby amended to read as follows: Article I shall be renamed: Definitions. Title, Findings and Section 4501 is amended to read as follows: I · Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution, and that breathing environmental tobacco smoke is a cause of disease, including lung cancer, in nonsmokers. · Health hazards induced by breathing environmental tobacco smoke include lung cancer, heart disease, respiratory infection, decreased respiratory function, bronchoconstriction, and bronchospasm. , The American Medical Association, former U.S. Surgeon Generals C. Everett Koop, M.D. and Antonia Movello, Health and Human Services, Dr. Louis Sullivan, have publicly denounced the tobacco industry for targeting children, teens, women and members of racial and ethnic minority groups in its advertising and promotions and have called for local, state and federal action to prevent the tobacco industry from targeting these individuals, especially youth. o Based on the weight of available scientific evidence, the U.S. Environmental Protection agency (EPA) has concluded that the widespread exposure to environmental tobacco smoke in the United States presents a serious and substantial public health impact. PROPOSED ORDINANCE B 5. The purposes of this ordinance are to (1) protect the public health and welfare by prohibiting smoking in public places and places of employment; (2) guarantee the right of nonsmokers to breathe smoke-free air, and recognize that the need to breathe smoke-free air shall have priority over the desire to smoke, and (3) reduce access of persons under 18 years of age to tobacco products by restricting their access to tobacco products. A new section 4501.5 shall be added to Article I to read as follows: §4501.5: DEFINITIONS: The following words shall have the following meanings whenever used in this Chapter: "Bar" means an area which is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages. Although a restaurant may contain a bar, the term "bar" shall not include the restaurant dining area. A "bar," for the purpose of this definition, does not include any establishment where tobacco smoke can filter into a restaurant through a passageway, ventilation system, or any other means. . , "Business,, means any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered. "City" means the City of Ukiah. . . "Employee,, means any person who is employed by any employer and any person who volunteers his or her services for a non-profit entity. "Employer,, means any person, partnership, association, cor'Doration, or non-profit entity, which employs one or more persons for compensation. s:\u\ords93\smokingB September 8, 1993 PROPOSED ORDINANCE B . "Enclosed Area" means all space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passage ways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid. . "Place of Employment" means any enclosed area under the control of an employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and rest rooms, conference and class rooms, employee cafeterias and hallways. A private residence is not a "place of employment" unless it is used as a child care or health care facility. , "Public Place" means any enclosed area to which the public is invited or in which the public is permitted, including, but not limited to, banks,. educational facilities, health facilities, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, theaters and waiting rooms. A private residence is not a "public place". · "Restaurant" means any coffee shop, cafeteria, sandwich stand, private and public school cafeteria, and any other eating establishment which gives or offers for sale food to the public, guests or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities, except that the term "restaurant" shall not include a cocktail lounge or tavern if said cocktail lounge or tavern is a "bar" as defined in section 4501.5(1). 10. "Retail Tobacco Store". means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental. 11. "Self service merchandising" means open promotional displays of tobacco products and point-of-purchase tobacco promotional displays to which the public has direct access without the assistance of an employee. s:\u\ords93\smokingB September 8, 1993 3 PROPOSED ORDINANCE B 12. "Smoking" means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, weed, plant or other combustible substance in any manner or in any form. 13. "Sports Arena" means the enclosed portions of sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys and other similar places where members of the general public assemble either to engage in physical exercise, participate in athletic competition, or witness sports events. 14. "Tobacco Vending Machine" means any electronic or mechanical device or appliance the operation of which depends upon the insertion of money, whether in coin or paper currency, or other things representative of value, which dispenses or releases a tobacco product. 15. "Tobacco Product" means any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, snuff or any other form of tobacco which may be utilized for smoking, chewing, inhalation or other manner of ingestion. 16. "Vendor-assisted,, means only a store employee has access to the tobacco product and assists the customer by supplying the product. The customer does not take possession of the product until it is purchased. Section 4502 is amended to read as follows: §4502: APPLICATION OF CHAPTER TO CITY-OWNED FACILITIES: Smoking is prohibited in all places of employment and public places owned by the City. Section 4503 is amended to read as follows: ~4503: PROHIBITION OF SMOKING IN ENCLOSED PLACES AND IN PLACES OF EMPLOYMENT: Smoking shall be prohibited in all public places within the City of Ukiah, including the following places: 1. Elevators. s:\u\ords93\smokingB September 8, 1993 4 PROPOSED ORDINANCE B . Buses, taxicabs, and other means of public transit under authority of the City of Ukiah, and ticket, boarding, and waiting areas of public transit depots. 3. Rest rooms. 4. Service lines. 5. Retail stores. , Ail areas available to and customarily used by the general public in all businesses and non-profit entities patronized by the public, including but not limited to, attorneys offices and other offices, banks, laundromats, hotels and motels. 7. Restaurants. 8. Bars. . Public areas of galleries, libraries and museums, when open to the public. 10. Any facility which is primarily used for exhibiting any motion picture, stage, drama, lecture, musical recital or other similar performance. 11. Sports arenas and convention halls. 12. Every room, chamber, place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee, including joint committees, or agencies or any political subdivision of the State during such time as a public meeting is in progress, to the extent such place is subject to the jurisdiction of the City. 13. Waiting rooms, hallways, .wards and rooms of health facilities, including, but not limited to, hospitals, clinics, physical therapy facilities, doctors' offices, and dentists' offices. Section 4504 is amended to read as follows: §4504: REGULATION OF SMOKING IN PLACES OF EMPLOYMENT: s:\u\ords93\smokingB September 8, 1993 5 PROPOSED ORDINANCE B ae It shall be the responsibility of employers to provide a smoke-free work place for all employees, but employers are not required to incur any expense to make structural or other physical modifications. . Within 90 days of the effective date of the amendments to Chapter 7, each employer having an enclosed place of employment located within the City of Ukiah shall adopt, implement, make known and maintain a written smoking policy which shall contain the following requirements: Smoking shall be prohibited in all enclosed facilities within a place of employment without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, rest rooms, company owned or leased vehicles, and all other enclosed facilities. C . The smoking policy shall be communicated to all employees within three (3) weeks of its adoption. D . Ail employers shall supply a written copy of the smoking policy upon request to any existing or prospective employee' E . It shall be unlawful and constitute a violation of this Chapter for any employer to fail to adopt the policy required by this section or for any person to violate the policy. A new Section 4504.5 is hereby added to Chapter 7, Article 3 of the Ukiah City Code to read as follows: §4504.5: TOBACCO VENDING MACHINES: Except as otherwise provided in this section, no person, business, or tobacco retailer shall locate, install, keep, maintain or use, or permit the location, installation, keeping, maintenance or use on his, her or its premises any tobacco vending machine for the purpose of selling or distributing any tobacco product. Cigarette vending machines located in areas from which children under 18 years of age are prohibited shall be exempt from this restriction. Any cigarette vending s:\u\ords93\smokingB September 8, 1993 6 PROPOSED ORDINANCE B machine located in such an area must be placed 30 feet or greater from the entrance to such an establishment Any tobacco vending machine in use on the effective d~te of this ordinance shall be removed within thirty (30) days after the effective date of the amendments to this Chapter. A new Section 4504.6 is hereby added to Chapter 7, Article 3 to read as follows: §4504.6: SELF-SERVICE MERCHANDISING PROHIBITED: It shall be unlawful for any person, business, or tobacco retailer to sell, permit the sale, offer for sale,or display for sale tobacco products by means of self- service merchandising or by means other than vendor- assisted sales. Cartons of cigarettes, multi-container packages of smokeless tobacco, cigars and pipe tobacco are exempt from this regulation. A new Section 4504.7 is hereby added to Chapter 7 Article 3 to read as follows: · · §4504.7: SALE OF TOBACCO PRODUCTS TO MINORS A. Any person, business, tobacco retailer or other establishment subject to this ordinance shall post plainly visible signs at the point of purchase of tobacco products which state "THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER EIGHTEEN YEARS OF'AGE IS PROHIBITED BYLAW, PHOTO ID IS REQUIRED.,, The letter of said sign should be at least one quarter inch (~,,) high. B. No person, business, tobacco retailer, or owner, manager or operator of any establishment subject to this ordinance shall sell, offer to sell, or permit to be sold any tobacco product to an individual without requesting and examining identification establishing the purchaser, s age as eighteen years or greater unless the seller has some reasonable basis for determining the buyer's age. Section 4505 is amended to read as follows: ~4505: AREAS WHERE SMOKING IS NOT REGULATED: A. Notwithstanding any other provision of this Chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this Chapter: s:\u\ords93\smokingB September 8, 1993 B · PROPOSED ORDINANCE B . Private residences, except when used as a child care or health care facility. Single person businesses conducted from private residences shall not be subject to smoking restrictions. 2. Retail tobacco stores. . Restaurants, hotel and motel conference or meeting rooms and public and private assembly rooms while these places are being used for private functions. 4. Hotel and motel rooms rented to guests. , Semi-private or private rooms and wards in hospitals, if all occupants agree. , On a stage when smoking is part of the stage production. Notwithstanding any other provision of this section, any owner, operator manager or other person who controls any establishment described in this section may declare that entire establishment as a nonsmoking establishment, or may designate certain rooms as no smoking areas. It shall be unlawful and constitute a violation of this Chapter for any person to smoke in violation of any policy adopted under this subsection B; provided signs declaring the area a NO SMOKING AREA are conspicuously posted in that area as required by Section 4506. Section 4506 is amended to read as follows: §4506: POSTING OF SIGNS: The owner, operator, manager, or other person having control shall post in conspicuous locations "No Smoking" signs with letters of not less than one inch (1") in height or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) in every room, building, or other place where smoking is regulated by this Chapter. Such signs shall also be posted at the exterior entrances on all businesses regulated by this Chapter. Section 4507 is amended to read as follows: s:\u\ords93\smokingB 8 September 8, 1993 PROPOSED ORDINANCE B §4507: ENFORCEMENT A, Enforcement of ~his article shall be implemented by the Mendocino County Department of Public Health, acting as the City of Ukiah health department pursuant to the Agreement between the City and Mendocino County dated February 15, 1952. . Any citizen who desires to register a complaint under this chapter may initiate enforcement with the Mendocino County Department of Public Health. C · The Public Health Department shall require, while an establishment is undergoing otherwise mandated inspections, a "self-certification" from the owner, manager, operator or other person having control of such establishment that all requirements of this article have been complied with. D · Any owner, manager, operator or employee of any establishment regulated by this article may inform persons violating this article of the appropriate provisions thereof. New Sections 4507.1, 4507.2, 4507.3, and 4507.4 are hereby added to the Ukiah City Code to read as follows: §4507.1: PENALTY FOR VIOLATING CHAPTER A· It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under this Chapter to fail to comply with any of its provisions. . It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provision of this Chapter. C . Any person who violates any provision of this Chapter shall be guilty of an infraction, punishable by: . A fine not exceeding one hundred dollars ($100) for a first violation. s:\u\ords93\smokingB September 8, 1993 D · · PROPOSED ORDINANCE B A fine not exceeding two hundred dollars ($200) for a second violation of this Chapter within one (1) year. · A fine not exceeding five hundred dollars ($500) for each additional violation of this Chapter within one (1) year. A private right of action is hereby created. Any person may bring an action against any person described in subsections A or B of this section. In addition to any other remedies provided by law a Court hearing such an action may enjoin any person or business from violating any provision of this Chapter and/or, award a statutory penalty not to exceed five hundred dollars ($500) for each violation. §4507.2: NONRETALIATION: No person or employer shall discharge, refuse to hire or in any manner retaliate against any employee or applicant for employment because such employee or applicant exercises any right to a smoke free environment afforded by this Chapter. ~4507.3: PUBLIC EDUCATION: The Mendocino County Department of' Public Health shall engage in a continuing program to explain and clarify the purposes and requirements of this Chapter to citizens affected by it, and to guide owners, operators and mangers in their compliance with it. Such programs may include publication of a brochure for affected businesses and individuals explaining the provisions of this Chapter. §4507.4: OTHER APPLICABLE LAWS: This article shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. SECTION TWO: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Ukiah hereby declares that it would have adopted this s:\u\ords93\smokingB September 8, 1993 10 PROPOSED ORDINANCE B ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION THREE: Publication and Effective Date. This ordinance shall become effective thirty (30) days from its adoption and shall be published as required by law. Introduced by title on the following roll call vote: 1993, by AYES: NOES: ABSENT: Adopted on following roll call vote: 1993, by the AYES: NOES: ABSENT: ATTEST: Mayor City Clerk s:\u\ords93\smokingB September 8, 1993 11 PROPOSED ORDINANCE C ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH, AMENDING CHAPTER 7 OF DIVISION 50FTHE UKIAHCITY CODE, REGULATING SMOKING IN VARIOUS LOCATIONS WITHIN THE CITY OF UKIAH. The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE: Chapter 7 of Division 5 of the Ukiah City Code is hereby amended to read as folloWs: Article i shall be renamed: Definitions. Title, Findings and Section 4501 is amended to read as follows: S4501: LEGISLATIVE FINDING: 1. The City Council recognizes the right and need of those who wish to breathe smoke free air and finds and declares that the smoke of tobacco related products and tobacco substitutes and fillers has been found to be a hazard to the health of the general public. Accordingly, it has been determined that the health, safety and welfare of the residents of the City would be furthered by the regulation of smoking in enclosed places and in places of employment. As to enclosed places, other than places of employment and facilities owned or controlled by the City, however, the City Council further finds that members of the public should be provided with adequate notice of the health hazards posed by businesses that allow smoking and should be free to decide whether to patronize such businesses or not. 2. The American Medical Association, former U.S. Surgeon Generals C. Everett Koop, M.D. and Antonia Movello, Health and Human Services, Dr. Louis Sullivan, have publicly denounced the tobacco industry for targeting children, teens, women and members of racial and ethnic minority groups in its advertising and promotions and have called for local, state and federal action to prevent the tobacco industry from targeting these individuals, especially youth. 3. Based on the weight of available scientific evidence, the U.S. Environmental Protection agency (EPA) has concluded that the s:\u\ords93\smokingl September 8, 1993 PROPOSED ORDINANCE C widespread exposure to environmental tobacco smoke in the United States presents a serious and substantial public health impact. A new section 4501.5 shall be added to Article I to read as follows: §4501.5: DEFINITIONS: The following words shall have the following meanings whenever used in this Chapter: "Bar" means an area which is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages. Although a restaurant may contain a bar, the term "bar" shall not include the restaurant dining area. A "bar," for the purpose of this definition, does not include any establishment where tobacco smoke can filt6r into a restaurant 'through a passageway, ventilation system, or any other means. . "Business" means any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered. 3. "City" means the City of Ukiah. o "Employee" means any person who is employed by any employer and any person who volunteers his or her services for a non-profit entity. . "Employer" means any person, partnership, association, corporation, or non-profit entity, which employs one or more.persons for compensation. "Enclosed Area" means all space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passage ways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid. s:\u\ords93\smokingl September 8, 1993 . . PROPOSED ORDINANCE C "Place of Employment" means any enclosed area under the control of an employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and rest rooms, conference and class rooms, employee cafeterias and hallways. A private residence is not a "place of employment" unless it is used as a child care or health care facility. "Public Place" means any enclosed area to which the public is invited or in which the public is permitted, including, but not limited to, banks, educational facilities, health facilities, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, theaters and waiting rooms. A private residence is not a "public place". . "Restaurant" means any coffee shop, cafeteria, sandwich stand, private and public school cafeteria, and any other eating establishment which gives or offers for sale food to the public, guests or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities, except that the term "restaurant" shall not include a cocktail lounge or tavern if said cocktail lounge or tavern is a "bar" as defined in section 4501.5(1). 10. "Retail Tobacco Store" means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental. 11. "Self service merchandising" means open promotional displays of tobacco products and point-of-purchase tobacco promotional displays to which the public has direct access without the assistance of an employee. 12. "Smoking" means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, weed, plant or other combustible substance in any manner or in any form. 13. "Sports Arena" means the enclosed portions of sports pavilions, gymnasiums, health spas, boxing s:\u\ords93\smokingl September 8, 1993 3 PROPOSED ORDINANCE C arenas, swimming pools, roller and ice rinks, bowling alleys and other similar places where members of the general public assemble either to engage in physical exercise, participate in athletic competition, or witness sports events. 14. "Tobacco Vending Machine" means any electronic or mechanical device or appliance the operation of which depends upon the insertion of money, whether in coin or paper currency, or other things representative of value, which dispenses or releases a tobacco product. 15. "Tobacco Product" means any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, snuff or any other form of tobacco which may be utilized for smoking, chewing, inhalation or other manner of ingestion. 16. "Vendor-assisted,, means only a store employee has access to the tobacco product and assists the customer by supplying the product. The customer does not take possession of the product until it is purchased. Section 4502 is hereby amended to read as follows: §4502: PROHIBITION OF SMOKING IN CITY OWNED FACILITIES: Smoking is prohibited in all enclosed places owned or control by the City of Ukiah and all places of public assembly which are subject to the City's jurisdiction. Section 4503 is amended to read as follows: §4503: REGULATION OF SMOKING IN PUBLIC PLACES: Ail businesses must establish a policy to prohibit smoking in all enclosed places owned or controlled by the business or to allow smoking. If the business allows Smoking, it must conspicuously post at every public entrance to the business a sign with letters at least one inch in height which reads as follows: DANGER- SMOKING PERMITTED YOU MAY BE EXPOSED TO SECOND HAND SMOKE FROM BURNING TOBACCO PRODUCTS, IF YOU ENTER THIS BUSINESS. THE ENVIRONMENTAL PROTECTION AGENCY HAS DETERMINED THAT SECOND HAND SMOKE CAUSES CANCER AND RESPIRATORY DISEASES. SECOND HAND SMOKE IS PARTICULARLY DANGEROUS FOR CHILDREN, PREGNANT WOMEN AND PEOPLE WITH RESPIRATORY s:\u\ords93\smokingl September 8, 1993 PROPOSED ORDINANCE C ILLNESSES. If the business prohibits smoking, it shall comply with Section 4506. Section 4504 is amended to read as follows: §4504: REGULATION OF SMOKING IN PLACES OF EMPLOYMENT: Ail employers must prohibit smoking in all enclosed areas where employees are present, if any employee submits a written request for a smoke free work place. No person or employer shall discipline, discharge, or in any manner retaliate or discriminate against any employee who requests a smoke free work place. A new Section 4504.5 is hereby added to Chapter 7, Article 3 of the Ukiah City Code to read as follows: §4504.5: TOBACCO VENDING MACHINES: Except as otherwise provided in this section, no person, business, or tobacco retailer shall locate, install, keep, maintain or use, or permit the location, installation, keeping maintenance or use on his, her or its premises any tobacco vending machine for the purpose of selling or distributing any tobacco product. Cigarette vending machines located in areas from which children under 18 years of age are prohibited shall be exempt from this restriction. Any cigarette vending machine located in such an area must be placed 30 feet or greater from the entrance to such an'establishment. Any tobacco vending machine in use on the effective date of this ordinance shall be removed within thirty (30) days after the effective date of the amendments to this Chapter. A new Section 4504.6 is hereby added to Chapter 7, Article 3 to read as follows: §4504.6: SELF-SERVICE MERCHANDISING PROHIBITED: It shall be unlawful for any person, business, or tobacco retailer to sell, permit the sale, offer for sale,or display for sale tobacco products by means of self- service merchandising or by means other than vendor- assisted sales. Cartons of cigarettes, multi-container packages of smokeless tobacco, cigars and pipe tobacco are exempt from this regulation. A new Section 4504.7 is hereby added to Chapter 7, Article 3, s:\u\ords93\smokingl September 8, 1993 PROPOSED ORDINANCE C to read as follows: §4504.7: SALE OF TOBACCO PRODUCTS TO MINORS a. Any person, business, tobacco retailer or other establishment subject to this ordinance shall post plainly visible signs at the point of purchase of tobacco products which state "THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER EIGHTEEN YEARS OF AGE IS PROHIBITED BYLAW, PHOTO ID IS REQUIRED." The letter of said sign should be at least one quarter inch (~") high. S . No person, business, tobacco retailer, or owner, manager or operator of any establishment subject to this ordinance shall sell, offer to sell, or permit to be sold any tobacco product to an individual without requesting and examining identification establishing the purchaser's age as eighteen years or greater unless the seller has some reasonable basis for determining the buyer's age. Section 4505 is amended to read as follows: §4505: AREAS WHERE SMOKING IS ALLOWED: Notwithstanding any other provision of this Chapter, smoking is permitted in the following areas, subject to the sign posting requirements of sections 4503 or 4506, as appropriate: A. Hotel and motel rooms rented to guests and private hospital rooms, provided that rooms may be designated as smoking or non-smoking rooms. When non-smoking rooms are posted as provided in Section 4506, it shall be unlawful and constitute a violation of this Chapter for any person to smoke while present in such rooms. B. Semi-private rooms and wards in hospitals, if all occupants agree, provided that rooms may be designated as smoking or non-smoking rooms. When non-smoking rooms are posted as provided in Section 4506, it shal~ be unlawful and constitute a violation of this Chapter for any person to smoke while present in such rooms. C. On a stage or during a performance when smoking is part of the stage production or performance. D. Restaurants, hotel and motel conference or meeting rooms and privately owned assembly rooms open to the public, when those rooms are reserved and used for private functions, unless the owner, manager or person in control has designated the room as non- smoking. s:\u\ords93\smokingl Septen%ber 8, 1993 6 PROPOSED ORDINANCE C E. Bars and retail tobacco stores. Section 4506 is amended to read as follows: §4506: POSTING OF SIGNS: The owner, operator, manager, or other person having control shall post in conspicuous locations "No Smoking" signs with letters of not less than one inch (1") in height or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) in every room, building, or other place where smoking is regulated by this Chapter. Such signs shall also be posted at the exterior entrances on all businesses regulated by this Chapter. Section 4507 is amended to read as follows: §4507: ENFORCEMENT A. Enforcement of this Chapter shall be implemented by the Mendocino County Department of Public Health, acting as the City of Ukiah health department pursuant to the Agreement between the City and Mendocino County dated February 15, 1952. B , Any citizen who desires to register a complaint under this chapter may initiate enforcement with the Mendocino County Departmen~ of Public Health. C , The Public Health Department shall require, while an establishment is undergoing otherwise mandated inspections, a "self-certification" from the owner, manager, operator or other person having control of such establishment that all requirements of this Chapter have been complied with. D o Any owner, manager, operator or employee of any establishment regulated by this Chapter may inform persons violating this Chapter of the appropriate provisions thereof. New Sections 4507.1, 4507.2, and 4507.3, are hereby added to the Ukiah City Code to read as follows: §4507.1: PENALTY FOR VIOLATING CHAPTER A. It shall be unlawful for any person who owns, s:\u\ords93\smokingl September 8, 1993 7 PROPOSED ORDINANCE C manages, operates or otherwise controls the use of any premises subject to regulation under this Chapter to fail to comply with any of its provisions. , It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this Chapter. C . Any person who violates any provision of this Chapter shall be guilty of an infraction, punishable by: A fine not exceeding one hundred dollars ($100) for a first violation. · A fine not exceeding two hundred dollars ($200) for a second violation of this article within one (1) year. . A fine not exceeding five hundred dollars ($500) for each additional violation of this article within one (1) year. D · A private right of action is hereby created. Any person may bring an action against any person described in subsections A or B of this section. In addition to any other remedies provided by law a Court hearing such an action may enjoin any person or business from violating any provision of this Chapter and/or award a statutory penalty not to exceed five hundred dollars ($500) for each violation. §4507.2: PUBLIC EDUCATION: The Mendocino County Department of Public Health shall engage in a continuing program to explain and clarify the purposes and requirements of this Chapter to citizens affected by it, and to guide owners, operators and mangers in their compliance with it. Such programs may include publication of a procedure for affected businesses and individuals explaining the provisions of this Chapter. §4507.3: OTHER APPLICABLE LAWS: This article shall not be interpreted or construed to permit smoking where it is otherwise restricted by other s:\u\ords93\smokingl September 8, 1993 8 PROPOSED ORDINANCE C applicable laws. SECTION TWO: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Ukiah hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION THREE: Publication and Effective Date. This ordinance shall become effective thirty (30) days from its adoption and shall be published as required by law. Introduced by title on the following roll call vote: 1993, by AYES: NOES: ABSENT: Adopted on following roll call vote: 1993, by the AYES: NOES: ABSENT: ATTEST: Mayor City Clerk s:\u\ords93\smokingl September 8, 1993 9 PROPOSED ORDINANCE D ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH, AMENDING CHAPTER 7 OF DIVISION 5 OF THE UKIAHCITY CODE, REGULATING SMOKING IN VARIOUS LOCATIONS WITHIN THE CITY OF UKIAH. The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE: Chapter 7 of Division 5 of the Ukiah City Code is hereby amended to read as follows: Article I shall be renamed: Definitions. Title, Findings and A new section 4501.5 shall be added to Article I to read as follows: §4501.5: DEFINITIONS: The following words shall have the following meanings whenever used in this Chapter: · "Business" means any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered. 2. "City" means the City of Ukiah. . "Employee" means any person who is employed by any employer and any person who volunteers his or her services for a non-profit entity. . . "Employer" means any person, partnership, association, corporation, or non-profit entity, which employs one or more persons for compensation. "Enclosed Area" means all space between a floor and ceiling which is enclosed on all sides by solid s:\u\ords93\smoking2 September 8, 1993 PROPOSED ORDINANCE D walls or windows (exclusive of door or passage ways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid. . "Place of Employment" means any enclosed area under the control of an employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and rest rooms, conference and class rooms, employee cafeterias and hallways. A private residence is not a "place of employment" unless it is used as a child care or health care facility. · "Public Place" means any enclosed area to which the public is invited or in which the public is permitted, including, but not limited to, banks, educational facilities, health facilities, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, theaters and waiting rooms. A private residence is not a "public place". . "Self service merchandising" means open promotional displays of tobacco products and point-of-purchase tobacco promotional displays to which the public has direct access without the assistance of an employee. · "Smoking" means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, weed, plant or other combustible substance in any manner or in any form. 10. "Tobacco Vending Machine" means any electronic or mechanical device or appliance the operation of which depends upon the insertion of money, whether in coin or paper currency, or other things representative of value, which dispenses or releases a tobacco product. 11. "Tobacco Product" means any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, snuff or any other form of tobacco which may be utilized for smoking, chewing, inhalation or other manner of ingestion. s:\u\ords93\smoking2 September 8, 1993 2 PROPOSED ORDINANCE D 12. "Vendor-assisted,, means only a store employee has access to the tobacco product and assists the customer by supplying the product. The customer does not take possession of the product until it is purchased. A new Section 4504.5 is hereby added to Chapter 7, Article 3 of the Ukiah City Code to read as follows: §4504.5:TOBACCO VENDING MACHINES: Except as otherwise provided in this section, no person, business, or tobacco retailer shall locate, install, keep, maintain or use, or permit the location, installation, keeping, maintenance or use on his, her or its premises any tobacco vending machine for the purpose of selling or distributing any tobacco product. Cigarette vending machines located in areas from which children under 18 years of age are prohibited shall be exempt from this restricti6n. Any cigarette vending machine located in such an area must be placed 30 feet or greater from the entrance to such an establishment. Any tobacco vending machine in use on the effective date of this ordinance shall be removed within thirty (30) days after the effective date of the amendments to this Chapter. A new Section 4504.6 is hereby added to Chapter 7, Article 3 to read as follows: §4504.6: SELF-SERVICE MERCHANDISING PROHIBITED: It shall be unlawful for any person, business, or tobacco retailer to sell, permit the sale, offer for sale,or display for sale tobacco products by means of self- service merchandising or by means other than vendor- assisted sales. Cartons of cigarettes, multi-container packages of smokeless tobacco, cigars and pipe tobacco are exempt from this regulation. A new Section 4504.7 is hereby added to Chapter 7, Article 3, to read as follows: §4504.7: SALE OF TOBACCO PRODUCTS TO MINORS a. Any person, business, tobacco retailer or other establishment subject to this ordinance shall post plainly visible signs at the point of purchase of tobacco products which state "THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER EIGHTEEN YEARS OF AGE IS PROHIBITED BY LAW, PHOTO ID IS REQUIRED.,, The letter of said sign should be s:\u\ords93\smoking2 September 8, 1993 3 PROPOSED ORDINANCE D at least one quarter inch (~,,) high. B. No person, business, tobacco retailer, or owner, manager or operator of any establishment subject to this ordinance shall sell, offer to sell, or permit to be sold any tobacco product to an individual without requesting and examining identification establishing the purchaser's age as eighteen years or greater unless the seller has some reasonable basis for determining the buyer's age. SECTION TWO: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect ~he validity of the remaining portions of this ordinance. The City Council of the City of Ukiah hereby'declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases o~ portions be declared invalid or unconstitutional. SECTION THREE: Publication and Effective Date. This ordinance shall become effective thirty (30) days from its adoption and shall be published as required by law. Introduced by title on , 1993, by s:\u\ords93\smoking2 September 8, 1993 4 PROPOSED ORDINANCE D the following roll call vote: AYES: NOES: ABSENT: Adopted on following roll call vote: AYES: NOES: ABSENT: , 1993, by the ATTEST: Mayor City Clerk s:\u\ords93\smoking2 September 8, 1993 5 300 SE~~t.~VE., UKIAH, CA 95482-5400" · ADMIN. 707/463-6200 · PUI3UC SAFETY 463-6242/6274 · · FAX # 707/463-6204 · August 19, 1993 Ms. Jane Piper Public Health Department County of Mendocino Courthouse Ukiah, CA 95482 Dear Mr. Piper: As you are aware, the City of Ukiah is currently evaluating the merits of the County's recently adopted anti-smoking ordinance. In addition to our surveying the opinions of our residents and businesses, we are engaged in a thorough policy and legal review of the issues raised in the County's ordinance, and I would appreciate your written response to some questions that have arisen as a consequence of our review. They are as follows: . What are the statistics in Mendocino County on health-related cases (asthma, cancer, etc.) among non-smokers as a result of sustained or intermittent exposure to second-hand smoke? Is it possible to provide us with such statistics for Ukiah only? Recognizing that EPA studies on other environmental issues have been challenged and sometimes successfully proven to be invalid, how were the findings on the EPA study on the effects of second-hand smoke arrived at? For example, who and how were subjects tested? Over what period of time? What were their ages, gender, personal medical histories, living environments? How were other possible environmental impacts separated out from second-hand smoke as a health impact, etc? Any information you can provide on this will be most helpful? From a health perspective, what poses the highest health threat for the non- smoker: Intermittent, occasional exposure to second-hand smoke such as in a restaurant, or living in a residence in which someone in the family smokes? 1 How does the County Health Department propose in the future to address the health-related issues of second-hand smoke in non-public enclosed places? . Specifically, from a policy perspective, what is meant by the term "tobacco-free" county or community? Does this mean "tobacco-free" community on the supply side of the issue only (i.e., prohibition against the sale of all tobacco-related products) or does it also mean a prohibition against the activ'J'~ of smoking itself? Please explain for our benefit? 'We Are Here To Serve" Mrs. Jane Piper Page 2 August 19, 1993 , The issue of how such an ordinance, if adopted, is going to be effectively enforced is of paramount importance to us. Does the Public Health Department plan on being the enforcement agency for the City of Ukiah if we adopted the County's ordinance? If so, specifically what Public Health Department staff resources will be allocated to enforcement of these new regulations within our City limits? Will the City of Ukiah be paying a fee for the Public Health Department's enforcement of our adopted ordinance, and if so, how much will that be on an annual basis? How are the enforcement sanctions against those customers who knowingly or intentionally violate the provisions of the ordinance going to be realistically enforced, especially on after-hour situations when County Public Health employees have gone home? Is the County of Mendocino willing to agree to defend the City of Ukiah against legal challenges to the ordinance? I would appreciate having your written answers to these questions by Thursday, August 26, so that your responses can be incorporated into our staff report for the City Council agenda for the September 1 City Council meeting. Your cooperation in this matter is greatly appreciated, and I thank you in advance for your assistance. Sincerely, Charles L. Rough, Jr. City Manager CLR:kr c: City Council 4:CM Piper UKIAH OFFICE 890 NORTH BUSH STREET UKIAH, CA 95482 (707) 463-4461 August 24, 1993 COUNTY OF MENDOCINO DEPARTMENT OF PUBLIC HEALTH COURTHOUSE UKIAH, CALIFORNIA 95482 FORT BRAGG OFFICE 120 WEST FIR STREET FORT BRAGG, CA 95437 (707) 964-4713 Charles L. Rough, Jr. City Manager, City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Dear Mr. Rough, Thank you for your interest on the issue of the health impact of environmental tobacco smoke (ETS). I am impressed with the way the City of Ukiah is analyzing this very important health concern. I would like to respond to your questions as you had asked them. 1.What are the statistics in Mendocino county on health-related cases (asthma, cancer, etc.) among non-smokers as a result of sustained or intermittent exposure to second-hand smoke? Is it possible to provide us with such statistics for Ukiah only? While the PHD has statistics on costs related to smoking, and prevalence of smoking within Mendocino County (which are attached), a study of the direct health impact related to ETS for this particular county has not been conducted. However, epidemiologic studies on the health effects of ETS have been conducted since the early 60's. Among the current studies are: * In 1986, the National Research Council reported that non- smokers who live with smokers suffer a 30 percent higher incidence of lung cancer than those living with non- smokers. (National Research Council. "Environmental Tobacco Smoke: Measuring Exposures and Assessing Health Effects," National Academy Press, Washington, D.C., 1986.) * Involuntary smoking is a cause of disease, including lung cancer, in healthy non-smokers (1986 Surgeon General's Report * In 1992, the Environmental Protection Agency recommended that tobacco smoke be classified as a Class A carcinogen, joining a list which included such substances as benzene and asbestos. ("Health Effects of Passive Smoking: Assess- ment of Lung Cancer in Adults and Respiratory Disorders in Children." External Review Draft, EPA/600/6-90/006F, Dec. 1992.) -2- * A 1991 University of California, San Francisco study con- cluded that passive smoking takes 53,000 American lives a year from heart disease and cancer, making it the third leading cause of preventable death in the United States behind active smoking and alcohol related deaths. (Glantz, SA. and Pamley, W. "Passive Smoking and Heart Disease: Epidemiology, Physiology and Biochemistry,,, Circulation, v89, 1991:1-12.) * In the first official government statement on the dangers of workplace cigarette smoke, the National Institute for Occupational Safety and Health concluded in its June 1991 report that "all available preventive measures should be used to minimize occupational exposure." (I have enclosed an abstract of this report.) I have a plethora of studies on the health effects of environmental tobacco smoke (and have attached some summaries), but none exclusively for Ukiah. I would believe these studies to be applicable to any population, however. 2. Recognizing that EPA studies on other environmental issues have been challenged and sometimes successfully proven to be invalid, how were the findings on the EPA study on the effects of second-hand smoke arrived at? For example, who and how were subjects tested? Over what period of time? What were their ages, gender, personal medical histories, living environments? How were other possible environmental impacts separated out from second-hand smoke as a health impact, etc? Any information you can provide on this would be most helpful? I have enclosed a copy of the executive summary of the latest EPA report. This report was based on thirty major studies, so to describe methodology in this letter would be too cumbersome. The Public Health Department (PHD) maintains a copy of this complete report should your questions be unanswered by the summary. I would also like to refer you to Dr. Bernard Lemke, a local physician who is familiar with this report. I believe the claims that this EPA report had methodological errors to be another ploy by the tobacco industry to cast doubt, not upon one report, but upon numerous studies t~at have been independently reviewed according to scientific practices and principles. Previously, the tobacco industry's strategy was to attack the credibility of the EPA's Science Advisory Board. Since the release of the report, the industry's focus has shifted to disputing the technical, scientific methods used in the EPA's determination that ETS endangers millions of nonsmokers. The tobacco industry claims that EPA lowered its standards to achieve a "politically correct" result and, according to the Tobacco Institute, "adjusted science to fit policy." -3- The tobacco industry has a strong motivation to try to undermine the EPA's findings. The report, years in the making, is the most comprehensive analysis to date on the effects of ETS and places government's sanction on the finding that ETS kills and injures nonsmokers. It clearly and unequivocally provides government recognition of ETS as a life-threatening danger. 3. From a health perspective, what poses the highest health threat for the non-smoker: intermittent, occasional exposure to second-hand smoke such as in a restaurant, or living in a residence in which someone in the family smokes? I would like to draw some conclusions from this question, based on review of many research articles, which "ranks" the health risks based on type of exposure. I believe one first needs to look at the person who is exposed to ETS, before one examines the time or intensity of exposure. If the person is immunosuppressed or compromised, or asthmatic, for example, this person is at risk for an immediate reaction, with little exposure at low intensity. If this person is a child, the impact will automatically be greater, based on higher susceptibility related to developing organs. Children's oxygen needs are approximately double that of adults. They need to take in about twice the amount of air, and consequently receive double the pollutants. There are also people for whom tobacco smoke is an allergen, and these people are hypersensitive to this substance. Minimal exposure produces anywhere from mild to severe reactions for this population. All of the above-mentioned populations would be impacted by intermittent, occasional exposure, such as while dining in a restaurant. But please consider the employees of a restaurant in this analysis. While a patron might have an intermittent, occasional exposure, the employee of such an establishment would be exposed to this environment for eight hours. This certainly would increase anyone's risks of health effects to ETS exposure. I have also included for your review a study by Dr. Michael Siegel indicating that certain environments, such as restaurants, have a greater accumulation of ETS, and that restaurant workers are at greater risk than the general population. For "normal" individuals, non-smokers for whom tobacco smoke is "irritating", moderate exposure produces burning eyes and throat, cough, toxic feelings within a short period of time. One piece of research suggests elevation in heart rate and blood pressure for healthy adults within minutes of mild to moderate exposure. I don't think it would be unreasonable to conclude that there is a correlation between intensity and time of exposure, and the health risks involved. The EPA has concluded that there are no safe minimum levels of exposure to ETS. -4- 4. How does the County Health Department propose in the future to address the health-related issues of second-hand smoke in non- public enclosed places? Research strongly substantiates that ETS exposure in the home has an impact on the health of non-smokers. However, I believe that government should not interfere with what should be a parent's or spouse's instinctual drive to protect one's family. If a parent, knowing that ETS can harm his or her child or spouse, still decides to smoke in their home around their non- smoking family, government cannot take up the slack from what this person lacks in parental sense. It is the role of my department to educate the public to make sound decisions regarding a family's health. However, when it comes to work places, and restaurants are workplaces for many people, this is where government needs to come in to provide safeguards for all workers and patrons. In short, for some places it's appropriate and necessary to have laws protecting public health; in other places, such as the home, educate, don't legislate. A public edUcation campaign is currently underway, conducted through the media, public speaking events to the community college, service and community organizations, cessation classes, and policy activity such as this proposed ordinance. Another important goal of our department is that of conducting prevention programs for youth. Our office has, for the past two and a half years, been doing prevention programs within the schools, in conjunction with various groups ( such as the Youth Project, Division of Alcohol and Other Drugs, Mendocino County Office of Education, the AIDS Project, Peer Counselors, and numerous schools). I consider this aspect of our work extremely important. I would be happy to go over the specifics of our plan for the upcoming year with you, and would welcome your input as to how we can better reach the community. 5. Specifically, from a policy perspective, what is meant by the l! term tobacco-free county or community? Does this mean Il Il tobacco-free community on the supply side of the issue only (ie., prohibition against the sale of all tobacco-related products) or does it also mean a prohibition against the activity of smoking itself? Please explain for our benefit? The term "tobacco-free" has different meanings in the various settings to which it applies. A tobacco-free school campus means no student is allowed to bring tobacco in any form on the campus. It also means that those teachers or visitors do not use tobacco products while on school grounds. -5- Tobacco-free, as it applies to this ordinance, and a business, for example, means the elimination of tobacco smoke. If this business has an individual employed that chooses to use chewing tobacco (and does not spit on a co-workers shoe), this act would not impact the co-worker,s health, and would not be disallowed (per the ordinance). That's why the wording in this instance applies to tobacco smoke only. I believe one needs to examine the intent of such an ordinance at this point. The purpose is two-fold. One, to prevent exposure to ETS (a Class A carcinogen) in workplaces, public places and restaurants, and two, to prevent easy youth access to all tobacco products. I believe this could be construed as "tobacco-free,, for those under eighteen years of age. This is consistent with state law, California Penal Code Sec.308, which prohibits tobacco sales to those under eighteen. What this ordinance will do is make this law more effective and enforceable. This attacks the youth tobacco problem from the supply side; our prevention and educational programs attack the problem from the demand side. The "tobacco-free,, designation, regarding the former purpose, applies only to the smoke. Personally, I would not endorse any law that attempts to prohibit the sale of tobacco products to adults. I am also against any regulation that attempts to prohibit tobacco products in one's home or vehicle. I know of no one within the PHD that advocates such measures. 6. The issue of how such an ordinance, if adopted, is going to be effectively enforced is of paramount importance to us. Does the Public Health Department plan on being the enforcement agency to the City of Ukiah if we adopted the County,s ordinance? If so, specifically what Public Health Department staff resources will be allocated to enforcement of these new regulations within our City limits? Will the City of Ukiah be paying a fee for the Public Health Department's enforcement of our adopted ordinance, and if so, how much will that be on an annual basis? How are the enforcement sanctions against those customers who knowingly or intentionally violate the provisions of the ordinance going to be realistically enforced, especially on after-hour situations when County Public Health employees have gone home? Is the County of Mendocino willing to agree to defend the City of Ukiah against legal challenges to the ordinance? The PHD has every intention of enforcing this ordinance, should the City of Ukiah adopt it. The PHD has demonstrated it's capability of such enforcement in other areas, such as in restaurant inspections of both incorporated and unincorporated areas of the county. I have enclosed an internal policy statement for enforcement of this ordinance. -6- The PHD is in a position whereby funding (via Proposition 99) comes in for the Tobacco Control Program. This program will have the responsibility of tracking and investigating all complaints. This is considered to be an essential component to our program, and will be handled with the utmost diligence. The Environmental Health division of the PHD will also handle enforcement, which will be conducted with the routine inspections of food-handling businesses, in addition to referrals by the TCP. The PHD has no intention whatsoever of pursuing reimbursement for such enforcement activities from the City of Ukiah. Furthermore, as with the county, our office will provide notification to all business within the city limits. Business will also be provided with no-smoking signs (printed with the ordinance number), and a summary of the ordinance, and tobacco vendors will receive additional information and signs ("YOU MUST BE EIGHTEEN.."). This is a commitment made by the TCP to ensure the success of such an undertaking. Again, I would like to refer to the intent of such an ordinance, especially when enforcement issues are being discussed. There is no intention of creating a "tobacco police". If there is a situation after hours, where someone is exposed to tobacco smoke, is bothered by it, and wishes to lodge a complaint, such complaints must wait until the following workday to be registered. This is not a police matter, nor was it written that way. The complainant must be willing to give his or her name, with the understanding that should repeat infractions occur, he or she must be willing to come forth should a citation be issued and the person to whom it was issued contest such an action. That is what is meant by the "self-enforcing" aspect of this ordinance. If smoking is occurring in an establishment after regular PHD hours, and no one has any objections to this activity, no complaints will generate an investigation. Again, it is for the protection of those who need and want it. If someone is issued a citation for an infraction, and this person does not wish to pay it, but believes this was issued in error, the process is that of any ticket issued. This individual has the right to appeal via the municipal court process. While I delineated this process, both for you and the Environmental Health staff, I believe that this scenario will not come to fruition. For verification, I would like to refer you to Elizabeth Emerson (415-499-7508), my counterpart in Marin County. There have been no citations issued in the five cities that have passed this ordinance to date. -7- I understand your concern over expenses should a legal challenge occur, however, I would like more information regarding the issues that you believe might arise. I would again, like to refer you to someone who has a state-wide knowledge of this topic, who can inform you on the specifics of all such questions. This person (Rick Kropp, Executive Director, North Bay Health Resources Center, Petaluma, 762-4591) is a great resource, and I encourage you to contact him. Perhaps the three of us can meet prior to September let, to discuss issues of concern. I hope I have answered your questions adequately. Please do not hesitate to contact me (463-4133) should any additional concerns surface. Respectfully yours, Jane ascher Piper Project Director Tobacco Control Program cc. Carol Mordhorst Mendocino Smoking CoSt Amount Per Per (thousands) Resident Smoker Total $22,022 $274.09 $1,479.21 D i rect 5,992 74.58 402.47 Indirect 16,030 199.51 1,076.73 Morbidity 2,657 33.07 178.48 Mortality 13,373 166.44 898.25 Men $14,895 $3 71.94 $1,913.62 Direct 4,049 101.10 520.18 Indirect 10,846 270.84 1,393.45 Morbidity 1,864 46.56 239.54 Mortality 8,982 224.28 1,153.91 Women $7,127 $176.85 $1,003.21 Direct 1,943 48.21 273.50 Indirect 5,184 128.63 729.71 Morbidity 793 19.67 111.58 Mortality 4,391 108.96 618.12 Smoking- Attributable Health Care Expenditure Amount Per Per (thousands) Resident Smoker Total $5,992 $74.58 $402.47 Hospital 4,024 50.09 270.32 Physician 1,115 13.87 74.87 Nursing Home 495 6.16 33.25 Medication 305 3.80 20.50 Other Professional 53 0.66 3.54 Population 199~ ~ Under 65 Total 18 18 - 34 35 - 64 and Over Total 80,345 21,952 17,438 30,054 10,901 Men 40,047 11,484 8,929 14,903 4,731 Women 40,298 10,468 8,509 15,151 6,170 122 () Total Men 12- 17 18+ Women 12- 17 18+ Currently Smoke Formerly Smoked Never Smoked Percent Percent Percent Number of Total Number of Total Number of Total 14,887 22.8 18,251 27.9 32,270 49.3 7,784 24.2 10,471 32.5 13,974 43.4 557 15.2 931 25.4 2,178 59.4 7,226 25.3 9,540 33.4 11,797 41.3 7,104 21.4 7,780 23.4 18,296 55.1 511 15.4 621 18.7 2,188 65.9 6,592 22.1 7,159 24.0 16,108 54.0 Smoking Prevalence Due to Smoking Percent Total Number of Total Total 734 150 20.5 Men 386 92 23.8 Women 348 59 16.8 Deaths Number Years of Years per Death Total 2,161 14.4 Men 1,233 13.4 Women 928 15.8 Years of Potential Life Lost Mendocino Amount Per (thousands) Death Total $13,373 $88,917 Men 8,982 97,876 Women 4,391 74,894 Mortality Cost 123 UKIAH OFFICE 890 NORTH BUSH STREET UKIAH, CA 95482 (707) 463-4461 August 24, 1993 COUNTY OF MENDOClNO DEPARTMENT OF PUBLIC HEALTH COURTHOUSE UKIAH, CALIFORNIA 95482 FORT BRAGG OFFICE 120 WEST FIR STREET FORT BRAGG, CA 95437 (707) 964-4713 Dear Business Owner/Employer, On July 27, 1993 the Mendocino County Board of Supervisors adopted the "Smoking Pollution Control and Health Protection Ordinance" which will become effective August 26, 1993. This packet contains information which will help you meet the requirements of this law. It also contains information which should give you a better understanding of the tobacco problem. The Board of Supervisors enacted this ordinance to protect the health and welfare of Mendocino County residents, employees and visitors. This new la~ prohibits smoking in all areas accessible to the public, including restaurants. In addition, smoking is prohibited in all workplaces. This law is also aimed at reducing youth access to tobacco products. This will be accomplished by eliminating cigarette vending machines in areas where youth have access, requiring all single packs of cigarettes, chew and snuff to be behind a counter, requiring signs at point of purchase, and requiring the showing of picture ID prior to purchase of any tobacco product if age is unknown. ' Highlights of the ordinance are listed on the following page. A complete copy of this ordinance is available through the Mendocino County Department of Public Health. An example of a written worksite policy is also enclosed. If you have any questions, or need assistance, please contact Jane Piper, Tobacco Control Program, 463-4133. Sincerely, ~_Ji~ .Andersen ~puty County Administrative Officer EXAMPLES OF WORKSITE SMOKING POLICIES Joe's Cafe does not permit smoking within its indoor areas. employees who wish to smoke must do so during assigned break times, and must smoke in the outdoor designated area. Ail There will be no smoking allowed within this worksite. Any employee wishing to smoke must smoke outside. Smoking is prohibited in Sally's Corner. Smoking is allowed only in the outdoor seating area. In compliance with County Ordinance #3864, no smoking will be permitted in this facility. Mendocino County Ordinance #3864 SUMMARY OF THE MAJOR COMPONENTS Ordinance No. 3864, adding Chapter 9.32 to the Mendocino County Code regulating smoking and the sale of tobacco products NOTE: This ordinance applies only to the unincorporated areas of Mendocino County. PUBLIC PLACE PROVISIONS 1. Enclosed Areas Smoking is prohibited in all enclosed areas available to and customarily used by the general public including, but not limited to: Retail stores, service lines, waiting rooms, hallways, financial institutions, health facilities, elevators, public transit, public restrooms, auditoriums, halls, grocery stores, schools, museums, common areas in apartments and hotels/motels. Restaurants Ail restaurant areas must be 100% smoke-free. Bars attached to restaurants may be exempted from this ordinance provided all four of the following are met: *the bar must not be the waiting area for the restaurant *customers should not have to walk through the bar to gain access to the restaurant *the bar is separately ventilated *the bar prohibits access to minors Restaurants are also considered worksites, so all work place provisions apply. WORK PLACE PROVISIONS 1. Employers shall adopt, implement, make known and maintain a written smoking policy. 2. Smoking is prohibited in all worksites. Smoking is prohibited in conference and meeting rooms, classrooms, auditoriums, medical facilities, hallways and elevators. NO RETALIATION No person or employer shall discharge, refuse to hire, or in any manner retaliate against any employee or applicant for employment because such emploYee or applicant exercises any right to a smoke-free environment. ESTABLISHMENTS THAT SELL TOBACCO PRODUCTS 1. Ail single packs of cigarettes, chew or snuff must be either behind a counter, or be in an area that is inaccessible to minors. The intent of this portion is to assure that a clerk, or responsible party, can assess the age of the buyer. 2. Signs are required at all places where tobacco products are sold which state "THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER EIGHTEEN YEARS OF AGE IS PROHIBITED BY LAW. PHOTO ID IS REQUIRED." The letters of this sign must be at least 1/4 "high. These signs are available at the Public Health Department. 3. Photo identification must be secured on all persons whose age is unknown, unless the seller has some reasonable basis for determining the buyer's age, before any sale of a tobacco product. 4. Cigarette vending machines must be removed from all establishments, unless that establishments is inaccessible to minors (such as in a bar). EXEMPTED FROM ORDINANCE 1. Bars, when not attached to restaurants. 2. Private residences, unless residence is used as a child or health care facility. 3. Hotel/motel rooms rented to guests (unless owner decides to make certain rooms smoke-free). 4. Restaurants, hotel and motel rooms while these places are being used for private functions (unless owner decides to prohibit smoking from facility). 5. Retail stores that deal exclusively in the sale of tobacco and smoking paraphernalia. PENALTIES Any person, business, tobacco retailer, owner, manager , or operator of any establishment who violates this ordinance will be guilty of an infraction and will be subject to the following penalties: * $100 for the first offense * $200 for a second offense in the same year * $500 for a third offense in the same year Important note: This summary shall be used only for general information. Consult Mendocino County Ordinance No. 3864 for more precise information. For more information contact: Tobacco Control Program, Mendocino County Department of Public Health. (707) 463-4133 PROVISIONS OF THE PROPOSED MENDOCINO COUNTY SMOKING CONTROL AND HEALTH PROTECTION ORDINANCE REGULATING THE SALE OF TOBACCO PRODUCTS TO PROTECT THE HEALTH OF YOUTH FACT SHEET Summary of provisions regulating the sale of tobacco products: 1. Requires tobacco retailers to post specifically worded signs at point of purchase stating required age of sale and photo identification required to purchase tobacco products. 2. Requires sellers of tobacco to ask for and check the identification of purchasers of tobacco products in order to ensure they are at least 18 years of age. 3. Prohibits self-service sales and self-service promotional displays of single packs of cigarettes, single containers of smokeless tobacco and tobacco-related promotional items. Cartons of cigarettes, cigars and pipe tobacco are exempt from this regulation. 4. Prohibits cigarette vending machines except in bars if the machines are not located near the entrance of the bar. How will the self-service provision reduce youth access to cigarettes and chewing tobacco? The self-service provision will help prevent young people's easy access to cigarettes and chewing tobacco from both over-the- counter sales and from shoplifting. It will do this in three ways: 1.) by requiring minors to verbally ask a store clerk for the brand and type of cigarettes or chew they want, and by requiring the clerk to obtain the tobacco for the minor, there is a much greater likelihood during this interchange and transaction that the clerk will notice the buyer is underage and thereby checking their ID and not selling to them; 2.) by putting the single packs of cigarettes and single containers of chew behind the counter or in locked cases, you eliminate pilferage; and 3.) by eliminating self-service promotional displays and racks of cigarettes and chew, you reduce the effectiveness of the tobacco industry's #1 method of encouraging illegal sales, pilferage and tobacco use by minors. The self-service regulations in the ordinance will also reduce the tobacco industry's easy access to our children. These tobacco industry displays are placed near or on checkout counters, usually next to the candy and gum displays. The tobacco on these promotional displays are purposely placed at a child's eye level. These displays contain advertising and promotional messages on them targeted directly towards children and teens. These messages saturate stores with positive images and cartoon characters associating tobacco use with material success, social acceptance, sexual prowess, independence, physical attractiveness and even good health. These environmental cues are cleverly designed by the tobacco industry to promote impulse buying by first-time tobacco users, namely children and teens. Research shows these tobacco messages are clearly reaching their targets. Research also shows these messages are very effective in recruiting new customers for the tobacco companies. Unfortunately, the tobacco industry uses the honest retailer as its primary vehicle to reach and recruit children and teens. Stores get paid fees by the tobacco companies to use these self- service promotional displays targeting young people. This money provides a strong incentive for retailers to use the self-service displays in their stores, which is the key to the tobacco industry strategy to get young people to use their products. A few stores turn down this tobacco industry money, but unfortunately most stores don't. Retailers also get tobacco industry money for displaying many other advertisements and items in their stores which have youth- oriented tobacco messages on them. The proposed ordinance would not regulate these other advertisements and items. Also, the proposed ordinance does not regulate tobacco displays and racks kept behind the counter. Compared to vending machines, these self-service displays are a much more effective and efficient way to promote over-the-counter cigarette and chew sales to minors and to encourage tobacco use by young people. Research from cities in Marin County and Minnesota shows eliminating self-service displays and self-service sales of tobacco significantly reduces illegal tobacco sales to minors, as well as reported pilferage of cigarettes and chew. Merchants in these cities where these self-service regulations have been enacted report no adverse financial impact from complying with these regulations. Tobacco distributors provide locking cases and behind the counter shelving for the retailer free of charge. Merchants replaced the self-service tobacco displays with self- service displays of non-tobacco products such as candy and gum, for which they receive fees from the manufacturers of those products. Why are the self-service and other provisions necessary? * The widespread problem of youth access to tobacco from over- the-counter sales, shoplifting and vending machines is one of the four major causes of child and teen tobacco use and nicotine addiction. * The California law prohibiting tobacco sales to minors (Penal Code 308) is not actively enforced in Mendocino County. Tobacco retailers thus have no incentive not to sell tobacco to minors. The state law has proven to be ineffective in preventing minors from buying and obtaining tobacco. Merchant compliance with the self-service and other provisions are easily enforced through citizen observations and enforcement action can be triggered through the citizen complaint process. * Although not the major source of cigarettes for minors, vending machines are the easiest source for young people to obtain cigarettes and are the source for nearly all first time smokers, some as young as eight or nine years old. As minors get older, they get bolder and buy cigarettes over-the-counter, which is the major source of tobacco for minors. * Teens can very easily obtain highly addictive tobacco products: a tobacco buying survey done by teenagers in Ukiah shows they can buy cigarettes over-the-counter from retailers 43% of the time and 100% of the time from vending machines. * Teens buy their own tobacco: despite the fact that selling tobacco to minors is illegal, 75% of teenagers who smoke buy their own cigarettes. * Smoking starts in the teen years: 90% of adult smokers began before the age of 19, 60% before the age of 14. Most persons get hooked on tobacco well before they can legally purchase it. * Because of the strong addictive nature of nicotine, children and teens find it hard if not impossible to quit. * Tobacco is a proven gateway drug for teenagers to illicit drugs like cocaine and heroin. * Tobacco companies target teenagers with their advertising and promotions: a series of studies published in a recent issue of the Journal of the American Medical Association show the tobacco industry purposely target youth people as "replacement smokers". A study by the National Centers for Disease Control found teens smoke the most advertised brands. Smokers ages 12 to 18 prefer Marlboro, Newport or Camel cigarettes, the three most heavily advertised brands. Children ages 3 to 4 can easily identify Joe Camel as easily as Mickey Mouse, according to another study. * The American Medical Association, former U.S. Surgeon General C. Everett Koop and current Surgeon General Antonio Novello, and former Secretary of the U.S. Department of Health and Human Services Dr. Louis Sullivan have publicly denounced the tobacco industry for targeting children and teens in its advertising and promotions and have called for local, state and federal action to prevent the tobacco industry from targeting youth. * Tobacco sales to minors generate enormous profits for the manufacturers and sellers of tobacco: a 1990 study published in the Journal of the American Medical Association estimated these illegal sales to be over $1.26 billion annually and that state and local governments earn over $325 million annually in tax revenue from these sales. * Recent articles in national business publications report how the tobacco industry is spending an increasing amount of money on point of purchase advertising and promotions designed to attract new smokers, which are children and teens. The industry strategy is to provide attractive monetary and non-monetary incentives to retail merchants to use self-service tobacco merchandising (open displays, racks, kiosks, shelves), as well as advertising signs, promotions, counter additions and other ways to entice youth to start smoking or use smokeless tobacco. * Tobacco use by children and teens leads to increased health risks throughout their lives, medical problems from tobacco- caused diseases later in life and, for many, premature death. * The Mendocino County Department of Public Health, the County Tobacco Control Coalition and STAMP strongly believe the provisions of the comprehensive tobacco ordinance which regulate the sale of tobacco will significantly reduce tobacco sales to minors. The provisions will keep cigarettes and smokeless tobacco out of the hands of children, thus preventing serious health problem and premature deaths later. ENFORCEMENT POLICY SMOKING POLLUTION CONTROL i~D HEi~TH PROTECTION ORDINANCE Ordinance No. 3864, adding chapter 9.32 to the Mendocino County Code Ail complaints will be registered by person answering such calls, whether at front desk, Environmental Health or tobacco control office. Complaints will be registered on "Complaint, Investigation Report". Complainant will be asked to identify themselves, with reassurances of confidentiality. No complaints will be taken unless complainant identifies self, with address and phone number. Ail complaint forms will be turned into Tobacco Control Program office. The TCP will do initial investigation of complaint, and pursue an educational response to situation. If a repeat complaint occurs, the TCP will request backup from EH to possibly pursue issuance of a citation. Should a citation be issued, this must be submitted by EH specialist to the municipal court system. This is then transferred to their computer system. A courtesy notice is generated by the court, as to how much is owed. A grace period is extended by the court. If the person who received the citation does not respond by a certain date, the court will issue a warrant, and notify the sheriff The following are summaries of complete reports that can be obtained through the Mendocino County Public Health Department, Tobacco Control Program. The Health Consequences of Involuntary Smoking. A report of the U.S. Surgeon General, 1986. Major conclusions: "1. Involuntary smoking is a cause of disease, including lung cancer, in healthy nonsmokers. 2. The children of parents who smoke compared with the children of nonsmoking parents have an increased frequency of respiratory infections, increased respiratory symptoms, and slightly smaller rates of increase in lung function as the lung matures. 3. The simple separation of smokers and nonsmokers in the same air space may reduce, but does not eliminate, the exposure of nonsmokers to environmental tobacco smoke. Respiratory Health Effects of Passive Smoking: Lung Cancer and Other Disorders. U.S. Environmental Protection Agency, 1993. Secondhand smoke is a Class-A carcinogen - a substance known to cause cancer in humans for which there is no safe level of exposure. Secondhand smoke causes 3000 deaths annually from lung cancer, 150,000 to 300,000 cases annually of lower respiratory tract infections in children, muses inner ear infections, asthma, and worsens the condition of 200,000 to 1,000,000 asthmatic children annually. Business and Health: A Look At Smoking In The Workplace. Medical Economics Publishing, 1992. Highlights dramatic increase in local smoking bans, smoking bans in businesses. If "... the costs of health care, increased fn'e insurance, damage to property, absenteeism and lost productivity were added together, employers were paying as much as $4,600 annually for each smoker." Smoking and Restaurants: A Guide for Policy-Maker~. Michael Seigel, M.D., M.P.H. 1992. Executive summary covers health effects and public health impact of involuntary smoking, environmental tobacco smoke (ETS) exposure in restaurants, health effects of ETS exposure in restaurants, legal implications, economic impacts of 100% smokefree restaurant ordinances, an analysis of possible regulatory approaches and concludes that "local governments that truly wish to protect restaurant employees and the public from the hazards of ETS exposure have no effective approach available, other than to legislate a 100% smoke- free policY." ThC Effect of 'Ordinances Requiting Smoke Fr~ Restaurants on Restaurant Sales in California. Stanton Glantz, PhD 1992. Using sales tax figures from the State Board of Equalization, the analysis included figures from four cities with 100% smoke free restaurant ordinances in force and four cities with no such ordinance used as comparison. The conclusions are that "the presence of a 100% smoke free restaurant ordinance had no significant effect on total restaurant sales in any community, [and was] associated with a small, but statistically significant, increase in the fraction of total retail sales that went to restaurants." Includes update and response to tobacco industry criticisms. October 1992 letter from Stanton Glantz to Butte County Public Health Department summarizes an analysis of sales tax data from Paradise, CA (which has a restaurant smoking ban in effect) that concludes "that the Paradise ordinance had no effect on restaurant sales beyond that associated with normal statistical variation." The San Luis Obis_tx) Smoking Ordinance: A Study of the Economic Impacts on Son Lui~ Obisp9 Restaurants and Bar~. January, 1993. San Luis Obispo has had a 100% smokefree restaurant and bar ordinance in effect for over two years and, "...although significant numbers of smokers and non-smokers are frequenting different restaurants and bars, the ordinance has had no measurable impact on the profitability of San Luis Obispo bars and restaurants, or on the sales tax revenues of the City of San Luis Obispo.' .The Cost of Smoking in California. D.P. Rice, W. Max. UCSF 1989. Highlights include smoking rates ~d costs attributed to smoking. Smoking rates have decr~ 17% state wide since these figures were published, but at the time each resident in Ma.fin County absorbed an average cost from people smoking equal to $247.23 per year. Smoking cost the state of California $7.6 billion in 1989. Currently only 16% of Marin County residents are smokers. Smoking in the Workplace; Vcntilation. This interview with James L. Repace, Physicist, Indoor Air Program, U.S. Environmental Protection Agency, covers key issues with regard to building ventilation and protecting people from secondhand smoke. National Institute for OCcupational Safety and Health (NIOSH). This bulletin concludes that "...exposure to-ETS is most efficiently and completely controlled by simply eliminating tobacco use..." and cites "the 1986 Surgeon General's report on involuntary smoking [which] concluded that 'the simple separation of smokers and nonsmokers within the same airspace may reduce, but does not eliminate, the exposure of nonsmokers to ETS." Environmental Tobacco Smok~. The U.S. Environmental Protection Agency concludes that 'research indicates that total removal of tobacco smoke through ventilation is both technically and economically impractical, [and that] ETS can be totally removed from the indoor air only by removing the source (cigarette smoking)."