HomeMy WebLinkAbout1993-10-06 Packet CITY OF UKIAH
CITY COUNCIL AGENDA
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
October 6, 1993
6:30 P.M.
1. Roll Call
2. Invocation
3. Pledge of Allegiance
4. Proclamations
a. Declaring October 1993 as National Domestic
Violence Awareness Month
b. Declaring October 15, 1993 as White Cane
Safety Day
5. Introduction of New Employee
a. Rick Kennedy, Public Works Director/City
Engineer
6. Approval/Correction of Minutes of Regular Meeting
of September 15, 1993
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.
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. Claims for Damages, Deny and Refer to Insurance
Carrier
i. Kari Hartman
ii. Nancy Biggins
iii. Robert Klayman
iv. Nor Cal Wood Products
b. Award of Contract to Smith Electric
Construction in the Amount of $55,555 for
Construction of 8-Phase Traffic Signals at
Talmage Road and Airport Park Boulevard, Spec.
No. 93-01
c. Award of Rebid for Asphalt Overlay on Various
City Streets, Specification No. 93-13a, Opening
October 4, 1993
d. Ratification of Building Purchase from County
of Mendocino
9. AUDIENC~ 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. UNFINISHED BUSINESS
a. Consideration of Ordinance Introduced on
September 15, 1993, Pertaining to the
Regulation of Smoking in All Enclosed Public
Areas
b. Consideration of Revised "Tree Protection and
Enhancement Policy"
11. NEW BUSINESS
a. Authorization for city Manager to Negotiate and
Execute Consultant Contract for Community
Development Block Grant (CDBG) Housing
Assessment Study and Preparation of Funding
Applications
b. Review of Proposed League of California Cities
Resolutions
c. Authorize Change of Time for Joint city
Council/Ukiah Valley Sanitation District
Joint Public Hearing October 20, 1993 From
7:00 p.m. to 2:00 p.m.
d. Adoption of Resolution Approving the
Application to the California Integrated Waste
Management Board for Designation as a Recycling
Market Development Zone
12. CITY COUNCIL REPORTS
13. CITY MANAGER/DEPARTMENT HEAD REPORTS
14. CLOSED SESSION
15. ADJOURNMENT
roclamat on
Violence against women and children continues to become moro
prevalent as a social problem due to the imbalance of power due to gender
and age.
The problems of domestic violence are not coR]lned to any group or
group of people but cross all economic, racial, affectional preference, and
societal barriers; and is supported by societal ind~ference.
Tile crime of domestic violence violates an individual's privacy.
dignity, security, and humanity due to systematic use of physical,
emotional, sexual, psychological, and econolllic control and/or abuse.
The impact of domestic violence is wide ranging, directly affecting
women and children and society os a whole.
It is battered women then~selves who have been at the forefront of
e~forts to bring peace and equality to the home.
Project Saactuary in 1992, received 1,240 doolesti¢ violence crisis
calls, sheltered 247 battered women and children, provided over 10,000
sqfe shelter nights, in addition to providing other supportive services.
NOW, THEREFORE, I, Fred Schnelter, Mayor of tho City of Ukiah, on
bel~a{f of my fellow City Councilmembers, Richard Shoemaker, Jim
Watteaburger, Sheridan Malone, and Jim Mastin, in recognition of tile
important work done by domestic violence programs, do hereby proclaim
October, 1993, ns
DOMESTIC VIOLENCE AWARENESS MONTH
and urge all citizens to actively particlpate in the scheduled activities
and programs sponsored by Project Sanctuary to work 'toward the
elimination of personal and institutional violence against women.
Fred Schneiter, Mayor
The white cane, which every blind citizen of our City has the right to
carry, demonstrates and symbolizes his/her ability to achieve a full and
independent I{fe, and his/her capacity to work productively in competitive
employment; and
The white cane, by allowing every blind person to move freely and
s. qfelyfrem place to place, makes it possible for him/her to participate fully
and contribute to our society; and
Motorists should be aware that the law requires that blind
pedestrians carrying a white cane or using a dog guide shall have the right
of way;
Cal{fornia law calls upon employers, both public and private, to be
aware of and utilize the employment skills of blind citizens by recognizing
their worth as individuals and their productive capacities as employees;
and
Through the public education and outreach e.~forts of the National
Federation of the Blind of Cal~fornia, citizens of this City can look forward
to a continued expansion of employment opportunities for and greater
acceptance of blind persons in the competitive labor market:
NOW, THEREFORE, I, Fred Schneiter, Mayor of the City of Ukiah, on
behalf of my fellow City Councllmembers, Richard Shoemaker, Jim
Wattenburger, Sileridan Malone, and Jim Mastin, do hereby proclaim
October 15, 1993, as
WHITE CANE SAFETY DAY
~uers~ana~ng oJ onnaness aha what it means to be bhnd to the citizens of
this City and call upon our schools to offer full opportunities for training
to blind persons; public and private employers to utilize the available skills
of competent blind persons and to open new opportunities for the blind in
oitr rapidly changing society; and all ci~*L;ens to recognize the white cane
as an instrument of safety a ad se{f-help.for blind pedestrians on our streets
and highways.
~lter, Ma ~yor
ITEM NO. 5a
DATE: October 6, 1993
.AGENDA SUMMARY REPORT
SUBJECT: INTRODUCTION OF NEW EMPLOYEE PUBLIC WORKS DIRECTOR/CITY
ENGINEER RICK KENNEDY
We are pleased to introduce to Council, Rick Kennedy, the City's new Public
Works Director/City Engineer. Rick brings to his position many years of
valuable experience. His most recent position was that of Assistant
Director of Public Works for Sutter County. In that capacity he managed
the Operations Division, consisting of engineering, road maintenance, and
surveying. His division had responsibility for maintaining 860 miles of
road, 92 bridge crossings, two small water supply systems, one sewer
oxidation pond, county airport grounds and improvements, storm water
detention ponds, and a major drainage canal.
Prior to Sutter County, Rick has had extensive private sector experience as
a Project Manager and Project Engineer working for private engineering
firms, including his own, that specialized in public capital improvement
and private land development projects. He also served as an Associate
Civil Engineer for the City of Duarte, California, for four years. He has
engineered and managed the construction of a variety of projects with
considerable ranges in size and scope. These include bridges, highway
improvements, new streets and roads, a winery and hotel, dining facilities,
a bank, and residential subdivisions.
Rick's hobbies include hiking, boating, water skiing, reading, and model
building.
RECOMMENDED ACTION: Welcome Rick Kennedy, the newly appointed Director of
Public Works/City Engineer.
ALTERNATIVE COUNCIL POLICY OPTIONS:
1. N/A
Acct. No. (if NOT budgeted): N/A
Appropriation Requested: N/A
Citizen Advised: N/A
Requested by:
Prepared by: Charles L. Rough, Jr.,
Attachments: 1. None.
APPROVED:
R:4/CM
ASRRK
Acct. No.:
(if budgeted)
City Manager
DRAFT
MINUTES OF THE CITY COUNCIL OF THE
CITY OF UKIAH - September 15. 1993
The City Council convened in a regular meeting, of which the
agenda was legally noticed and posted, at 6:31 p.m., in the
Council chamber of the civic Center, 300 seminary Avenue.
Roll was taken and the following Councilmembers were
present: Mastin, Malone, Wattenburger, Shoemaker and Mayor
Schneiter. Staff present: city Clerk McKay, City Manager
Rough, city Attorney Rapport, Public Utility Director
Finance
Barnes, Public Works Director/City Engineer Kennedy,
Director Burt, Assistant city Manager Horsley,
Redevelopment/Economic Coordinator DeKnoblough, city
Engineer Beard, and Community Development Director Harris.
iNVOCATION/PLEDGE OF ALLEGIANCE
City Clerk McKay delivered the Invocation and Councilmember
Malone led the Pledge of Allegiance.
4. Proclamation Declarin~ October 2, 1993 as Foster
Grand arent Da
Mayor schneiter read and presented the proclamation to
Eileen Bostwick, Program Director for the Foster Grandparent
Program. Ms. Bostwick introduced Foster Grandparent Roberta
Ellis, who has offered her service to school children for
the past 16 years; and Foster Grandparent Nellie Garzini,
who has worked 20 hours a week for the past 14 years, in the
schools. Ms. Boatwick explained how the program is funded,
it's history and future. She expressed appreciation for
Council's recognition.
5a. Introduction of New Employees Carl Tuliback.
Community Services Code officer
The Con~munity Services Director introduced Carl Tuliback,
and provided a brief biography for Council.
Council welcomed Mr. Tullback to the city of Ukiah
organization.
APPROVAL/CORRECTION OF MINUTES
6a. Reuular Meetin~ of September 1. 1993
M/S Wattenburger/Mastin to approve the minutes of the
regular meeting of September 1, 1993, as submitted. The
motion was carried by the following roll call vote: AYES:
Councilmembers Mastin, Wattenburger, Shoemaker, and Mayor
Schneiter. NOES: None. Absent: None. Abstained:
Councilmember Malone.
6b. Regular Ad%ourned Meetin~ of September 7, 1993
M/S Malone/Mastin to approve the minutes of the regular
adjourned meeting of September 7, 1993, as submitted. The
motion was carried by the following roll call vote: AYES:
Councilmembers Mastin, Malone, shoemaker, and Mayor
Schneiter. NOES: None. Absent: None. Abstained:
Councilmember Wattenburger.
7. RIGHT TO APPEAL DECISION
Mayor Schneiter reviewed Section 1094.6 of the California
Code of civil procedures regarding the appeal process.
consen Ca endar
Councilmember Shoemaker pulled Item Bf. Re%ection of Bids
for AsPhalt Concrete surfacinq on city Streets,
Specification No. 93-13. This matter of business the~
became New Business Item lle.
M/S Malone/Wattenburger to approve the Consent Calendar as
follows:
Sa. Adopted Ordinance No. 941, Amending Division 1, Chapter
3, Article 9 of the Ukiah City Code, providing for a
Building Inspector; issuing citation authority to the Code
Enforcement officer.
Bb. Accepted the work as complete and directed the city
Clerk to file the Notice of Completion for Design and
Construction of Equipment Maintenance Building at Ukiah
Municipal Corporation Yard, Specification No. 91-24, Busch
Construction.
8c. Awarded the bid for three 75KVA, one 300~(VA, 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.
Sd. Awarded the bid for 20,000 ft. of 397.5 MCM Bare
Aluminum Conductor to King Wire and Supply in the amount of
$8,043.75.
Se. Adopted Resolution No. 94-13, correcting Resolution No.
93-51, establishing fees for administration of Chapter 5,
Division 2 of the Ukiah City Code Regulating for Hire
Motor Vehicles.
8g. Accepted report regarding emergency purchase authorized
by City Manager to secure the services of the lowest bidder,
Reuser Company, for the removal of wood and yardwaste in the
amount of $18,750.
8h. Awarded 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.
8i. Received and accepted report of August 1993 register of
payroll payments, dated July 18 to 31, 1993, #49288 to
#49508, in the amount of $162,953.63; and payroll payments,
dated August 1 to 14, 1993, #49509 to #49719, in the amount
of $145,954.79; and the demand warrants #61584 to #62068, in
the amount of $1,372,799.34.
8j. Authorized the City Clerk to re-advertise the two
upcoming public member positions on the Cultural Arts
Advisory Board.
The motion was carried by the following roll call vote:
AYES: Councilmembers Mastin, Malone, Wattenburger,
Shoemaker, and Mayor Schneiter. NOES: None. Amsent: None.
9. Audience Comments on Non-Agenda Items
None.
NEW BUSINESS
11a. Consideration of Amendments to City of Ukiah'~
Ordinance Pertaining to the Reaulation of Smoking
Mayor Schneiter explained to the audience in attendance
the meeting procedures for comments not to exceed 3 minutes
each with the proponents speaking first and then the
opponents speaking after.
The City Manager reported on the survey results which were
sent to 6,499 residents of the City which asked the
following questions: 1. In your opinion, is the city of
Ukiah's present ordinance regulating smoking in our
community adequate?; 2. Do you think the City of Ukiah
should adopt the County's proposed changes to regulate
smoking in our community?; and 3. Are you a City resident
and/or city business? He explained 2,455 cards were returned
Reg. Mtg.
September 15. 1993
with 1,048 responding the current City ordinance is adequate
and 1,312 feel the current City ordinance is inadequate. He
presented various comments written on the returned cards to
Council.
The City Attorney explained the different ordinance options
presented to Council which reflects various levels of
smoking restrictions, in addition to the proposed County
ordinance and the current City ordinance on the books. These
levels of restriction ranged from total restriction of
smoking in all public places including bars, to keeping the
current City ordinance with the addition of restricting sale
of tobacco products.
Council discussion ensued regarding County Health Department
enforcement.
Proponents for adoption of the proposed County ordinance
spoke in the order as follows: Jane Piper, Mendocino County
Tobacco Control Coalition; George Smart; Barry Vogel; Ace
Barish; Dr. Kenneth Trotter; Gabrielle Rollenson; Dr.
Elizabeth Ashiku; Armand Brent; Rick Kropp, Executive
Director, North Bay Resources District; Sheila McCarthy; Dr.
Jim Cruz; Louis Cardwell; Esther Seagull; Christina Cliburn;
and a gentleman who did not give his name who used a
mechanical devise to speak. The speakers presented various
arguments for stronger tobacco restrictions such as: legal
consistency throughout the County of Mendocino; government
was created to protect the public's safety and health;
enforcement policy and ~rocedures of the County; positive
effects of no smoke an restaurants since passage of
Ordinance; pets are now experiencing effects from second
hand smoke; basic human right to not become poisoned;
statistics were presented regarding lung and other cancers;
effects of second hand smoke to children; peer pressure
among youth populations and risks to future health; public
policy and protection of the public; compliments to City
staff regarding the thoroughness of their analysis and
options presented to Council; personal testimony regarding
cancer cases in non-smokers who grew up in smoking
households; smokers only have the right to poison
themselves, not other innocent people; public places and
businesses use would increase as allergic and sensitive
citizens would be safe from exposure; nicotine is a drug
that is addicting and should be outlawed as other addicting
drugs are; Ukiah was the first City in the State in 1978 to
pass a No Smoking Ordinance and the City should remain
consistent in this Statewide legislation; and the effects of
cancer is too great to ignore.
Opponents of the proposed County ordinance spoke in the
order of William Randolph; David Valley; John Doyle; and
Debbie Doyle who submitted various arguments against the
ordinance such as: citing need to balance concerns of all
citizens, equity without discrimination against smokers,
freedom to smoke cigarettes with their meals in restaurants,
increased cost to County for enforcement, these laws will
not stop children's exposures to second hand smoke.
M/S Shoemaker/Malone to approve the proposed Ordinance A
(same as County which prohibits smoking in all enclosed
public places, except bars, tobacco stores, and public rooms
reserved for private functions), amending Chapter 7 of
Division 5 of the Ukiah City Code, regulating smoking in
various locations within the city Of Ukiah.
Councilmember Wattenburger requested withdrawal of the
motion on the floor as he wishes to consider the stronger
proposed ordinance which includes prohibition of smoking in
bars. He explained his concern to protect the employees of
these establishments, that universal restrictions are easier
to enforce and noted that smokers who wish to drink could
choose to go out of the city to do so.
Reg. Mtg.
September 15, 1993
Councilmember Malone indicated his concern for business
and public safety, and encouraged support for the County
ordinance.
Councilmember Mastin indicated he supports a stronger
version of the County ordinance.
Councilmember Shoemaker noted when he questioned bar
patrons, they were unaware of a proposal to prohibit smoking
in bars and they were not in favor of it.
Councilmember Shoemaker withdrew his motion on the floor
with approval from Councilmember Malone, the maker of the
second to the motion.
M/S Wattenburger/Mastin to read by title only, the proposed
ordinance (option B same as County ordinance except also
prohibits smoking in bars). The motion was carried by the
following roll call vote: AYES: Councilmembers Mastin,
Malone, Wattenburger, and Mayor Schneiter. NOES:
Councilmember Shoemaker. Absent: None.
The City Clerk read the title only of the proposed ordinance.
M/S Wattenburger/Mastin to introduce the ordinance
amending Chapter 7 of Division 5 of the Ukiah city Code,
regulating smoking in various locations within the city of
Uklah, including bars. The motion was carried by the
following roll call vote: AYES: Councilmembers Mastin,
Malone, Wattenburger, and Mayor Schneiter. NOES:
Councilmember Shoemaker. Absent: None.
Recess - 8:24 p.m. Reconvened - 8:30 p.m.
PUBLIC HEARING
10a. Consideration of Resolution Adtusting Fees at thn
Ukiah MuniciPal Golf Cours~
Community Services Director Horsley reported on the
proposed golf course rate increase as reconended by the
Golf Course Committee. She reported the purchase of the back
eight holes cf the golf course from the County has been
financed with $78,000 annual payments over a 25 year period
at a 5.5 interest rate. This increase in costs, in addition
to additional staffing added over the last two years, a new
clubhouse facility and course improvements, has resulted in
the need for this fee increase. She reported on the Golf
Course committee considerations and factors used in
determining these recommendations to Council.
A golf course rate comparison sheet was distributed to
Council for their review of comparable golf courses and
their rates.
PUBLIC HEARING OPENED - 8:45 p.m.
Jack Reed, address not given, expressed his opposition to
the golf course fee increase citing reasons that Ukiah golf
fees have already increased 30% the last few years and
retired citizens who golf do not have incomes that increase,
the golf course is less maintained on weekends while
charging higher fees, Brooktrails and Bennett Valley Courses
have lower rates and are better courses, and expressed his
displeasure at buying the back eight holes now for 1 million
dollars instead of a long time ago for much less.
Perry Ramsey, Chairman of the Golf Course Committee,
explained the reasoning the Golf Course Committee used in
determining this fee increase proposal. He noted this is a
reasonable increase as the golf fees had not increased in
the eight years prior to the Golf Course Committee
formation. He explained the committee considered there is
significant wear occurring on the course, needed capital
improvements, city general fund budget constraints and total
Reg. Mtg.
September 15, 1993
City ownership benefits. He reported there are a few unhappy
golfers who are opposed to any increase, but the majority
are pleased with progress and the fee proposal.
PUBLIC HEARING CLOSED - 8:52 p.m.
Mayor Schneiter stated since he has been a Councilmember
since 1986, the Council has made the purchase of the back
eight holes of the golf course a major priority, but
negotiations between the County and the City never came to
fruition. He requeeted staff to address the senior age issue.
M/S Schneiter/Malone to adopt Resolution No. 94-14,
adjusting fees for the Ukiah Municipal Golf Course. The
motion was carried by the following roll call vote: AYES:
Councilmembere Martin, Malone, Wattenburger, Shoemaker, and
Mayor Schneiter. NOES: None. Absent: None.
N~W BUSINESS (Cont.)
1lb. Consideration of Proposed Landscaptnq
The Community Development Director reported these guidelines
are presented to Council from the Planning Commission. He
explained these guidelines provide general statements
regarding the value and policy concerning indigenous trees
and riparian vegetation for future development in the City.
He noted more precise criteria and standards will be
necessary for long term implementation. He indicated these
standards would be based on broad based policy development
such as the Growth Management/General Plan process or by
Ordinance. He requested Council policy direction concerning
the proposed guidelines which will be forwarded to the
Planning Commission and the Community Forest Committee.
Discussion ensued regarding mature trees, specimen tree
preservation, the fact that native riparian vegetation may
not necessarily a better choice in landscaping, lack of
wording regarding types of native plants, flexibility to
allow building around existing vegetation and its use,
protection of mature trees which take much time to grow, and
the possibility of allowing City staff to negotiate and
develop any landscaping details to alleviate encounters at
the Planning Commission level.
Bill Randolph, Planning Commissioner, explained these
proposed guidelines create an interim policy statement to
help protect trees until we adopt an urban forestation plan.
He reported the Planning Commission unanimously approved
these guidelines.
The Community Services Director explained the community
Forest Committee is in the process of developing
recommendations for an Urban Tree Plan within the City
limits which will be brought to Council the end of this
year. She indicated Council comments will be forwarded to
this Committee.
Councilmember Malone commented he prefers saving a tree and
loosing a parking space in a new development.
Mayor Schneiter encouraged a balance between tree
preservation and consideration for disease. He expressed
concern for lot clearing prior to the permit process.
Councilmember Shoemaker noted that emphasis should be on
the word "mature" and not necessarily "native". He indicated
that soil distribution requirements around trees should be
addressed and expressed concern regarding riparian
vegetation.
city staff indicated their appreciation for Council's
discussion and will forward their comments to the Planning
Commission and the Community Forest Committee.
Reg. Mtg.
September 15, 1993
Recess - 9:37 p.m. Reconvened - 9:43 p.m.
11c. AdoDtion of Resolution of Intent to Reimbursn
Expenditures from the Proceeds of REFA Financing for Golf
Course Purchase
The Finance Director reported the proposed Resolution
initiates lease financing for the purchase of the back eight
holes of the golf course through scheduled $1,000,000
financing provided by Redwood Empire Financing Authority
certificates of participation issuance. She explained
financing would be over a 25 year period at 5.5% for total
annual payments equaling $78,000 with issuance costs of
approximately $1,300.
M/S Wattenburger/Malone to adopt the resolution declaring
intention to reimburse
issuedeXpenditures from the proceeds of
obligations to be by the City and directing certain
actions. The motion was carried by the following roll call
vote: AYES: Councilmembers Mastin, Malone, Wattenburger,
Shoemaker, and Mayor Schneiter. NOES: None. Absent: None.
Discussion ensued regarding corrected and additional wording
to the Resolution.
M/S Wattenburger/Malone to reconsider the previous
action. The motion was carried by a unanimous voice vote of
all AYE.
M/S Wattenburger/Malone to adopt Resolution No. 94-15,
declaring intention to reimburse expenditures from the
proceeds of obligations to be issued by the City and
directing certain actions; with the amendments to Page 1,
line 24, change "39" to "41.63" and add "back" after the
word "as". The motion was carried by the following roll call
vote: AYES: Councilmembers Mastin, Malone,
Wattenburger, Shoemaker, and Mayor Schneiter. NOES:
None. Absent: None.
11d. Adoption of ResolutioD Approving Water Conservation
Plan
Project Manager Ted Goforth reported in order to obtain a
preliminary loan commitment from the Water Resources Control
Board (WRCB) for the waste treatment plant upgrade, the
City must either adopt a water conservation plan or provide
the WRCB with an acceptable schedule for adopting one. He
noted that City staff has researched the matter and has
developed a plan for the City of Ukiah which is based on the
best management practices contained in the Memorandum of
Understanding regarding urban water conservation in
California (distributed to Council) and a workable
implementation schedule for the city of Ukiah. He reported
that a preliminary loan commitment will be requested from
the WRCB in October.
M/S Shoemaker/Wattenburger to adopt Resolution No. 94-16,
establishing a water conservation plan for the City of
Ukiah. The motion was carried by the following roll call
vote: AYES: Councilmembers Mastin, Malone, Wattenburger,
Shoemaker, and Mayor Schneiter. NOES: None. Absent: None.
lle. Re4ection of Bids for Asphalt Concrete Surfacing on
Citv Streets. SPEC. NO. 93-]3
Vice-Mayor Shoemaker explained he pulled this item from the
Consent Calendar to question whether or not we could Just
reduce the size and scope of this project instead of
rejecting and redoing the bid process over.
The City Attorney advised that due to significant changes to
unit prices by a reduction of 25%, he advised rejection and
re-initiation of the bid process.
Reg. Mtg.
September 15, 1993
The City Engineer explained the bids were 44 percent over
the budgeted amount, and therefore the project needs to be
downsized in order to conform to budgeted amoumts.
M/S Shoemaker/Wattenburger to reject all bids for asphalt
concrete surfacing on city streets, Specification No. 93-13.
The motion was carried by the following roll call vote:
AYES: Councilmembers Mastin, Malone, Wattenburger,
Shoemaker, and Mayor Schneiter. NOES: None. Absent: None.
~PORTS
ouncilmem er Ma tin
Reported on the Ukiah Community Center Board meeting he
attended and Bhowed the Council the new Community Resource
Directory Just published.
Coun il ember Malone
Reminded Council of the traveling smithsonian exhibit times
sponsored by the Sun House/Grace Hudson Museum.
Councilmember Wattenburqer
None.
Councilmember Shoemaker
Reported on the Mendocino Solid Waste Authority meeting he
attended.
Mavor Schne~ter
Noted the upcoming household hazardous waste collection day
on the 18th which is sponsored by MSWA, complimented staff
on the excellent Summer Concert Series, noted he will be
attending the annual NCPA meetlng on the 22, 23 and 24 in
Monterey, reported he will be absent from the October 6
Council meeting, and reported on the Ukiah Valley Sanitation
District meeting he attended.
CITY MANaGER/DEPARTMENT HEAD REPORTS
The City Manager reported he will be attending an Overall
Economic Development Plan meeting on September 21.
CLOSED SE ON
A DJOU~___~__~
There being no
at 10:19 p.m.
further business,
the meeting was
adjourned
CCMIN.143
Cathy McKay CMC/AAE, City Clerk
Reg. Mtg.
September 15, 1993
The City Engineer explained the bids were 44 percent over
the budgeted amount, and therefore the project needs to be
downsized in order to conform to budgeted amounts.
M/S Shoemaker/Wattenburger to reject all bids for asphalt
concrete surfacing on city streets, Specification No. 93-13.
The motion was carried by the following roll call vote:
AYES: Councilmembers Mastin, Malone, Wattenburger,
Shoemaker, and Mayor Schneiter. NOES: None. Absent: None.
CITY COUNCIL REPORTS
Councilmember Mastin
Reported on the Ukiah Community Center Board meeting he
attended and showed the Council the new Community Resource
Directory just published.
Councilmember Malone
Reminded Council of the traveling Smithsonian exhibit times
sponsored by the Sun House/Grace Hudson Museum.
Councilmember Wattenburqer
None.
Councilmember Shoemaker
Reported on the Mendocino Solid Waste Authority meeting he
attended.
Mayor Schneiter
Noted the upcoming household hazardous waste collection day
on the 18th which is sponsored by MSWA, complimented staff
on the excellent Summer Concert Series, noted he will be
attending the annual NCPA meeting on the 22, 23 and 24 in
Monterey, reported he will be absent from the October 6
Council meeting, and reported on the Uklah Valley Sanitation
District meeting he attended.
CITY MANAGER/DEPARTMENT HEAD REPORTS
The city Manager reported he will be attending an Overall
Economic Development Plan meeting on September 21.
CLOSED SESSION
None.
ADJOURNMENT
There being no further business, the meeting was adjourned
at 10:19 p.m.
CCMIN.143
Cathy McKay CMC/AAE, City Clerk
ITEM NO: 8a.
MEETING DATE: October 6, 1993
AGENDA SUMMARY REPORT
SUBJECT: Claims for Damages, Deny and Refer to Insurance Carrier
The claim from Kari Hartman which was received by the City
Clerk on September 10, 1993, is for alleged damages to an
answering machine occurring July 17 or 18, 1993, due to
electric power surge.
The claim from Nancy Biggins was received September 8, 1993 for
alleged losses occurring June 17, 1993, due to an electrical
power outage downtown.
The claim received from Robert Klayman was received September
16, 1993 ~or alleged losses occurring September 13, 1993, due
to an accident involving a vehicle driven by a City employee on
City business.
The claim received from North Cal Wood Products was received
September 7, 1993, for alleged losses occurring June 28, 1993,
due to an electrical power surge.
RECOMMENDED ACTION: Deny the claims for damages received from
Kari Hartman, Nancy Biggins, Robert Klayman, and Nor Cal
Wood Products, and refer them to the City's insurance carrier.
AL'r~ATIVE COUNCIL POLICY OPTIONS: 1. Do not take action
therefore extending the amount of time in which the claimant
may file suit, 2. Approve the claim and authorize payment of
damages.
Acct. No. (if NOT budgeted): N/A Acct. No:
Appropriation Requested: N/A
Citizen Advised: N/A
Requested by: Claimants
Prepared by: Cathy McKay, City Clerk ~
Coordinated with: Charles L. Rough, Jr., City Manager
Attachments: Copies o~ four claims in presented order.
NOTICE OF CLAIM AGAiI:ST T..-- CIT'.' GF Ukiah , CALiFCR::iA
RETURN TO:
CLAL'.L%NT ' S NA~ME:
CT.AI/4ANT' S ADDRESS:
(Goverr~en= Code. ss 910, 910.2]
City Clerk's Office
City of Ukiah
300 Seminar,/ Avenue
Ukian. California 95482
City · S~a~e
[ ECE VED
CtTV OF UKIAH
SEP 1 1993
CIIY CLERK DEPARTMENT
Phone No. Res.q~5-[~
Zip Coda
NAME ~ND ADDRESS OF PEP~ON TO WHOM NOTICES REGARDING THIS CLAI}! SHOULD'
BE S~--NT (if differen= than above):
NAMES, IF KNOW,N, OF ANY PUBLIC F/.IPLOY~--ES CAUSING TEE Il;JURY 0~' LOSS:
NA~.tES A:~D ADDRESS OF ['rZ?.TESSES:
NA~LE ADDRESS T ..... O dE
N~J4E AND ADDRESS OF DOCTORS, HOSPITALS WHE.RE TREATED:
NA~4E ADDRESS
HONE
G~N.EP~L DES~IPTrON OF THE .LOSS, iNJURY OR D~MAGE SUTFERED:
THE BASIS OF COMPUTING THE TOTAL ~4OUNT CLAIMED IS AS FOLLC?~S:
Damages incurred to date:
Expenses for medical
hospital care: $
Loss of earnings: $..
Special daraages for:
General Damages $
Estimated prospective damages
as far as known:
Future expenses for medical
and hospital care: $
Future loss of earnings: $
Other prospective special
damages: $
Prospective general damages: $
I/~e, the undersigned, declare under penalty of perjury that I/we have
read the foregoing claim for damages and know the contents thereof;
that the same is true of my/our own knowledge and belief, save and
excep~ as to those matters wherein stated on information and belief,
and as to them, I/we believe it to be true.
~ ~ SIGNATURE OF CLAImaNT(S)
199
FOR CLAIMS RELATING TO INJURY TO PERSON OR PERSONAL PROPERTY, THIS FC~.!
MUST BE FILED WITH THE CITY OF UKIAH WITHIN SIX MONTHS
FROM THE ACCRUAL OF THE CAUSE OF ACTION. A CLAIM RELATING TO ANY OTHER
CAUSE OF ACTION SHALL BE PRESENTED NO LATER THAN ONE YEAR AFTER ACCRUAL
OF THE CAUSE OF ACTION.
aUG 2 4 1993
Last i,onth, bet. ween .July 17 and l~q, t. 993. a p¢,t.~el ~.urge
an, J the p~,s,l~O stilt t,JOt 1.;~. ~ lor~Ld a~; Lbo po~el fo1
l'he ,tidy i ]'eturncd fl-()fll lily Calllpll'l~ ti ~.p, the light was
bJil~king I s, pidl> c.u tho machine . ar.d ho phone~ ill the
'.J. nd. hot! m~/ contact me at (707) 462--~E. 52 dk,~ ~ng
ThSJl}, )'(3u {ol youi atte.tio, to tlli~ matte~ .
COSTCO
NANCY BIGGINS
ATTORNEY AT LAW
107 W. Perkins Suite 15
~Ukiah, Ca 95482
· 707-462-7700
~TY OF UKIAH
PUBLIC WORKS DEPT
Seminary Ave.
Ukiah, Ca 95482
6 SePtenfoer 1993
MENDOCINO CONSTRUCTION SERVICES INC
P.O.BOX 1338
Willits, Ca 95490
Re:
cutting of central Ukiah power cable
at site of Savings Bank of Ukiah construction
morning of June 17, 1993
To Whom It May Concern,
Please consider this to be my'claim for damage sustained at the
cutting of the cable by your personnel.
At the moment of cable Cutting; there was a loud boom, and my
back-up power supply battery ~or my office computer systems blew
two smoke rings and died.
The manufacturer has informed my dealer that after such a trauma
a battery cannot safely be rebuilt or repaired. The replacement
cost of a new battery is $250. My dealer [Alec Rohrbaugh of
ComputerScene at 600 No..State Street, Ukiah, Ca 95482] states
that the manufacturer ma~.be Willing to provide a new battery for
the sum of $150--should that be the case, I would inform you or
your in~ance carrier of tha~ .discount.
("3
0
NOTICE OF CLAZ:.t AGAiI:ST "{-..~ CIT'_' OF Ukiah
, CAL~ -~_0R:~'-A
F_CEIVED
(Gover.---~ent Code ss 910, 910".~i.,/OF~,~
UKiAH
RETURN TO:
City Clerk's office
City of Ukiah
300 Seminary Avenue
Ukiah. California 95482
NAME AND ADDRESS OF PE.RSON TO WHOM NOTICES RF.GARDING THIS CLAI.X! SEOULD'
BE S=--NT (if different than above):
DATE OF TeE ACCIDENT OR OCCURRF..~CF.:
GEN~. DESCRIPTION OF T~ ACCiDE~ OR OCC~I~ (attzch additional
pa~.es if more spac9 is needed}:
NA~LE£, IF KNOtfN, OF. ANYRUBLiC ~LOY~S CAUSII~G T~ IIIJ~Y OR' LOSS:
N~ ~D~SS T ..... ONE
1.
2.
N~4F. AND ADDRESS OF DOCTORS, EOSPITALS ~HF--RE TREATED:
ADDRESS"
2.
GENERAL DES~IPTION OF TEE LOSS, i:fJURY OR DA~tAGF. SUFFEP. ED:
THE BASIS OF COMPUTING THE TOTAL ~4OUNT CLAIMED IS AS FOLLOWS:
Damages incurred to date:
Expenses for medical
hospital care:
Loss of earnings:
Special damages for:
General Damages $
Estimated prospective damages
as far as known:
Future expenses for medical
and hospital care: $
Future loss of earnings: $
Other prospective special
damages: $
Prospective general damages: $
I/We, the undersigned, declare under penalty of perjury that I/we have
read the foregoing claim for damages and know the contents thereof;
that the s~me is true of my/our own knowledge and belief, save and
except as to those matters wherein stated on information and belief,
and as to them, I/we believe it to be true.
ATED: 5e T 'FdobaP a
SIGNATURE O~CLAIS~NT(S)
199
FOR CLAIMS RELATING TO INJL~Y TO PERSON OR PERSONAL PROPERTY, THIS FC~4
MUST BE FILED WITH THE CITY OF UKIAH WITHIN SIX MONTHS
FROM THE ACCRUAL OF THE CAUSE OF ACTION. A CLAIM RELATING TO A~Y
CAUSE OF ACTION SHALL BE PRESENTED NO LATER THAN ONE YEAR AFTER ACCRUAL
OF THE CAUSE OF ACTION.
-9-
94g N. State St.
Ukiah, CA 95482
462-8390
FAX: 462-3866
FARMER BROS.
AUTO BODY, INC.
Com14ete ColIL.~ Worle
Restoration of
Fine Automobiles
Custom Painting
Name
Home phone
Insured by
Adjuster
Address
M~el [' ~ r' L''- 'v v
Serial No.
Co~or
Mileage
License
Date
Description of repairs and replacements Number
/
T~e sk~L~
onal peopl,
~ost effectiw
qrU~pment h
e~eC
i ~er ~ to ~
nd ~c~y
~e~s ~c~o~
~ s~ cr~en ~en t~e prof~
~n~ c~e ~ ~g ~d ~g ~
= to comptete ~e job to ~ ~c-
CHIEF,;~!~
Body labor hours
Paint labor hours
Paint & material
Parts
Sublet
Towing
Sub total
Tax
Total estimate
i~ I
(~overr~en~ Co~a ~s 910, 910.2)
:%V.F ~ 7 %993
RETURN TO:
City Clerk's Office
City of Ukiah
300 Seminary Avenue
Ukiah. C~)ifornia 95482
CLAII.~ANT ' S NA~ME:
C~'AIMANT' S ADDR--~SS:
Nua~er
City
Phone No. Res.
-~ ~O&O~ worx
NAME AND ADDRESS OF P~RSON TO WHOM NOTICES REGARDING THIS CLAi:.! SEOULD'
BE SE~IT (if different than above):
n~TS os TSS XCCZO~T o~ occ~-'~$:ms: U - Z.% ~q~
PLACE OF THE ACCID~ OR OCCITRR~CH: ~ ~ 61.~0~ - t~o ~
G~N~ DESCRIPTION OF T~ ACCIDE~ OR OCCL~ (a~tach additional
pages if more space is needed}:
NA~_[ES, IF KIi?~N, OF ANY PUBLIC ~.~-uLOY~--ES CAUSII~G THE II~JU~Y C.~' LOSS:
NA/.~S AI~ ADDRESS OF ~'~$SES:
ADDRESS
TiLiPHO~E
NI~4E AND ADDRESS OF DOCTORS, HOSPITALS ~';~F--RE TRF-ATED:
NA~4E ADDRESS
TELEP
- HONE
GENEP=tL DESCRIPTION OF ~"= LOSS, iNJURY OR D~MAGE c'?=~o= .
TOTAL A~*.OUNT CLAZ:~ED:
THE BASES OF COMPUTING THE TOTAL A/4OUNT CLAIMED IS AS FOLLC~';S:
Damages incurred to date:
Expenses for medical
hospital care: $
Loss of earnings: $
Special damages for:
General Damages $
Estimated prospective damages
as far as known:
Future expenses for medical
and hospital care: $
Future loss of earnings: $
Other prospective special
damages: $
Prospective general damages: $
I/We, the undersigned, declare under penalty of perjury that I/we have
read the foregoing claim for damages and know the contents thereof;
that the same is true of my/our own knowledge and belief, save and
except as to those matters wherein stated on information and belief,
and as to them, I/we believe it to be true.
SIGNATURE OF CLAImaNT(S)
FOR CLAIMS RELATING TO INJURY TO PERSON OR PERSONAL PROPERTY, THIS FC~4
MUST BE FILED W-fTH THE CITY OF UKIAH WITHIN SIX MONTHS
FROM THE ACCRUAL OF THE CAUSE OF ACTION. A CLAIM RELATING TO A~Y OTHER
CAUSE OF ACTION SHALL BE PRESENTED NO LATER THAN ONE YE-AR AFTER ACCRUAL
OF THE CAUSE OF ACTION.
-9-
INVOICE
NORTH CAL WOOD PRODUCTS
1117 Commerce Ddve
Ukiah, California 95482
707/462-0686
0
L
D
CITY OF UKIAH
T
O
T
O
CUITOMiEN'$ ORDER
I SALESMAN DATE 8HIPI)ED TEI~MS SHIPPED VIA
466"
900 Area code phone calls made to order program for
our damaged computer disk.
The recovery program
4 hrs of extra time for bookkeeper @ $25/hr
$15
$25
total
ITEM NO. 8b
DATE: October 6, 1993
AGENDA SUMMARY REPORT
SUBJECT:
AWARD OF BID TO SMITH ELECTRIC CONSTRUCTION IN THE AMOUNT
OF $55,555 FOR CONSTRUCTION OF AN 8-PHASE TRAFFIC SIGNAL
AT TALMAGE ROAD AND AIRPORT PARK BOULEVARD, SPECIFICATION
NO. 93-01
This project is a portion of the traffic mitigation measures
required with the development approvals granted to Wal-Mart within
the Redwood Business Park.
Pursuant to prior City/Wal-Mart/Redwood Business Park agreements,
construction of the required traffic mitigations and street
improvements were split between Wal-Mart/Redwood Business Park and
the city with the signal system at Talmage and Airport Park
Boulevard to be constructed by the City and required to be
completed prior to the Wal-Mart opening.
To facilitate the expeditious completion of this project, Staff
modified the scope of the work of the proposed contract by issuing
an addendum which eliminated the requirement for the prospective
contractor to provide long lead items such as the
controller/cabinet, luminaries, vehicle and pedestrian heads, and
traffic light standards. These equipment items were ordered by the
City at a cost of $88,643.77. The work of the proposed contract as
modified involves the installation of the City provided equipment,
the construction of pole foundations and vehicle detection loops,
and the placement of conduit and conductors.
(Continued on Page 2)
RECOMMENDED ACTION: Award of contract in the amount of $55,555 to
Smith Electric Construction for Construction of an 8-Phase Traffic
Signal at Talmage Road and Airport Park Boulevard, Specification
No. 93-01.
ALTERNATIVE COUNCIL POLICY OPTIONS: None.
Acct. No. (if NOT budgeted): N/A Acct. No.: 301-9823
Appropriation Requested: N/A
Citizen Advised: N/A
Requested by: Bill R. Beard, City Engineer
Prepared by: Rick Kennedy, Director of Public Works/City Engineer ~
463-6280
Coordinated with: Charles L. Rough, Jr., City Manager
Attachments: 1. Bid Documents
One bid was received and opened on October 4, 1993. The bid was
submitted by Smith Electric Construction in the amount of $55,555.
Copy of the bid and supporting certifications are attached to this
Staff report.
Should the contract be awarded to Smith Electric Construction, the
total cost of the signal project would be $144,198.77 which is
substantially below the budgeted amount of $230,000.
The amount of the bid submitted is reasonable considering the
allotted time of 32 working days specified for the completion of
this project. Considering the reasonableness of the bid and of the
City's obligation to complete the project prior to the Wal-Mart
opening, Staff recommends that the contract be awarded to Smith
Electric Construction in the amount of $55,555.
CITY OF UKIAH
Mendocino County, California
PROPOSAL
FOR
CONSTRUCTION OF AN 8-PHASE TRAFFIC SIGNAL
AT
TALMAGE ROAD kND AIRPORT PARK BOULEVARD
Specif~catlon ~o. 93-01
The undersigned, as bidder, declared that he has examined thoroughly
all of the contract documents herein contained, that this proposal is
made without collusion with any other person, firm or corporation, and
that all laws and ordinances relating to the interest of public
officers in this contract have been complied with in every respect.
AND he proposes and agrees, if this proposal is accepted, that he will
contract with the city of Ukiah, Mendocino County, California,
in the form of the copy of the agreement herein contained to provide
all necessary machinery, tools, apparatus, and other means of
construction, to furnish all material; to provide all superintendence,
overhead expenses, and all labor and expenses of whatever nature
necessary to Construct an 8-Phase Traffic Signal for the City of
Ukiah, in conformity with the specifications and drawings and other
contract provisions herein or reasonably implied thereby or as
necessary to complete the work in the manner and within the time named
herein and according to the requirements and to the reasonable
satisfaction of the City Engineer, to pay all charges of freight
transportation and hauling to indemnify the City against any loss or
damage arising from any act of the undersigned as Contractor; and that
he will make full payment therefor, the following sums:
ITEM QUANTITY
BIDDING SCHEDULE
DESCRIPTION AND UNIT PRICE
TOTAL AMOUNT BID
1. 1
In case of
prevail.
Construction of an 8-Phase Signal
ice per lump su~
· O~AL ANOU~T OP B~
discrepancy between words and figures,
the words shall
61 Spec. 93-01
We, the undersigned, further agree, if this proposal shall be
accepted, to sign the agreement and to furnish the required bonds with
satisfactory surety, or sureties, within fifteen (15) calendar days
after written notice that the contract is ready for signature, and if
the undersigned shall fail to contract, as aforesaid, it shall be
understood that he has abandoned the contract, and that,
therefore, this proposal shall be null and void and the proposal
guaranty accompanying this proposal, or the amount of said guaranty,
shall be forfeited to and become the property of the City. Otherwise,
the proposal guaranty accompanying this proposal shall be returned to
the undersigned.
Witness our hands this day of , 19.~
Licensed in accordance with an act providing for the registration of
Contractor s License No. ~_~j~ , expiration date
"The Contractor's license number and
expiration date stated herein are made under penalty of perjury."
Signature of bidder or bidders, with business addresses:
~felephone Number
Notice: In the case of a corporation, give below the addresses of the
principal office thereof and names and addresses of the President,
Secretary, Treasurer.
Spmc. 93~1 6 2
FAIR EMPLOYMENT PRACTICES CERTIFICATION
TO:
The undersigned, in submitting a bid for performing the following work
by Contract, hereby certifies that he has or will meet the
standards of affirmative compliance with the Fair Employment Practices
requirements of the special provisions contained herein.
(Fill in description of Contract)
Business A~'dr ess
Place of Residence
(The bidder shall execute the certification of this page at the
time of submitting his proposal.)
6 3 Spec. 93-01
WORKER'S COMPENSATION CERTIFICATE
I am aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for Worker's
Compensation or undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract.
my hand
Witness this
~f~i~er, wi~hBusiness Address:
/
(The bidder shall execute the certification of this page at the
time of submitting his proposal.)
93-01 64
cERTIFICATION OF NONDISCRIMINATION IN EMPLOYMENT
The bidder represents that he has/has not, participated in a previous
contract or subcontract subject to either the equal opportunity clause
herein or the clause contained in Section 301 of Executive Order
10925; that he has/has not, filed all required compliance reports; and
that representations indicating submission of required compliance
prior to subcontract awards.
(This certification shall be executed by the bidder in accordance with
of the President'S Committee
Section 60-1.6 of the Regulat%ons
on Equal Employment Opportunity for implementing Executive Orders
10925 and 11114.)
65 Spec. 93-01
LIST OF PROPOSED SUBCONTRACTORS
In compliance with the provisions of Sections 4100-4108 of the State
Government Code, and any amendments thereof, each bidder shall set
forth (a) the name and location of the place of business of each
subcontractor who will perform work or labor or render service to the
Contractor in or about the construction site in an amount in excess
of one-half of one percent (%) of the total bid and (b) the portion
of the work to be done by each subcontractor.
STATEMENT OF EXPERIENCE OF BIDDER
The bidder is required to state below what work of similar magnitude
or character he has done, and to give references that will enable the
city Council to judge of his experience, skill and business standing
and his ability to conduct work as completely and rapidly as required
under the terms of the contract.
$l~¢¢. 93-01 66
Accompanying this proposal is f
(Notice: Insert the words "cash ($~", ,,cashie~Ts check" or "bidder's
bond", as the case may be.) in an amount equal to at least ten percent
(10%) of the bid.
The names of all persons interested in the foregoing proposal as
principals are as follows:
IMPORTANT NOTICE: If bidder or other interested person is a
corporation, state legal name of corporation, also names of the
president, secretary, treasurer, and manager thereof; if a
co-partnership, state true name of firm, also names of all individual
co-partners composing firm; if bidder or other interested person is
an individual, state first and last names in full.
Licensed in accordance with an act providing for the registration of
Contractors, License No.
/~NOTE: If bidden'is a corporation, the legal name of the corporation
shall be set forth above together with the signature of the officer
or officers authorized to sign contracts on behalf of the corporation;
if bidder is a co-partnership, the true name of the firm shall be set
forth above together with the signature of the partner or partners
authorized to sign contracts in behalf of the co-partnership; and if
bidder is an individual, his signature shall be placed above. If a
member of a partnership, a Power of Attorney must be on file with the
Department prior to opening bids or submitted with the bid; otherwise,
the bid will be disregarded as irregular and unauthorized.
Business address ~9~"~-~ ~~,~_- ~//~
Place of residence ~
Dated ~~~ ~-~ , 1993.
67 Spec. 93-01
Bond No. I 2 3/4 5
G'(EAT ANERICAN INSURANCE COMPANY
OHIO
BID BOND
Approved by The American Institute of Architects,
A.1.A. Document No. A 310 February 1970 Edition
KNOW ALL MEN BY THESE PRESENTS, that we
Smith Electric Construction
as Principal, hereinafter called the Principal,
and the GREAT AMERICAN INSURANCE COMPANY, a corporation duly organized under the laws of the State of
Ohio, with Administrative Offices at 5g0 Walnut Street, Cincinnati' Ohio 45202, as Surety, hereinafter called the
Surety, are held firmly bound unto City of Ukiah
. as Obligee, hereinafter called the Obligee,
inthesumof Ten Percent: of the Amo~nr nF rh~ Rid. 13o[lars
. '., ....... . .-a ,-~,l,, +~. h,- marie and the said Princival and the
IFORNIA ALL-PURPOSE ACKNOWLEDGMENT
ate of. California
)unty of Humboldt
9-20-93
before me,
DATE
rsonally appeared , J a m e s
Karin Yvonne Arruda
NAME. TITLE OF OFFICER- E.G., 'JANE DOE. NOTARY PUBLIC'
R.Westall
NAME(S) OF SIGNER(S)
personally known to me - OR - [] proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(les), and that by his/her/their
~ -~-"~=~¢---~ . ~ signature(s) on the instrument the person(s),
! ~x KARIN YVONNE ARRI/DA or the entity upon behalf of which the
[~) NOTARy PUBLIC ,~..person(s)~acted, executed the instrument.
~-~'~.,~:~'~JtWITNE~my hand and official se~
; CERTIFICATE MUST BE A~ACHED TO TITLE OR ~PE OF DOCUMENT
D~UMENT DESCRIBED AT RIGHT:
NUMBER OF PAGES
CAPACITY CLAIMED BY SIGNER
Though sta~te does not require the Nmar/to
fil~ i, the data below, doing so may prove
invaluable to persona relying on the document.
[] INDIVIDUAL
[] CORPORATE OFFiCER(S)
TiTLE(S)
[] PARTNER(S) [] LIMITED
[] GENERAL
:~'~'I-rORN EY-IN- FACT
[] TRUSTEE(S)
[] GUARDIAN~CONSERVATOR
[] OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON{S) OR ENTITY(lES)
DATE OF DOCUMENT
To City Council,
NON-COLLUSION AFFIDAVIT
City of Ukiah
The undersigned in submitting a bid for performing the following work
by contract, being duly sworn, deposes and says:
That he has not, either directly or indirectly, entered into any
agreement, participated in any collusion, or otherwise taken any
action in restraint of free competitive bidding in connection with
such contract.
Busines~ A~r~s' -
Place of Residence
Subscribed and sworn to.before me this~ day of
Notary Public,
in and for the County of .~3J~(~k OC~.{~
California.
My Commission Expires ~- ~-~ , 19q~
1993.
State of
'~'~.~!~. DANA DAVID,~:~ ~
69 sp¢¢. 93-01
ITEM NO. 8m
DATE: October 6, 1993
AGENDA SUMMARY REPORT
SUBJECT: AWARD OF CONTRACT FOR ASPHALT CONCRETE SURFACING ON CITY
STREETS, SPECIFICATION NO. 93-13A
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 overlay of
asphalt concrete. The new surfacing will add structural strength
and extend the service life of the streets.
Two (2) bids were originally received on September 7, 1993, both
exceeding budgeted funds. On September 15, 1993, the City Council
rejected both bids and directed Staff to re-evaluate the proposed
scope of work and readvertise for bids.
New bids are to be submitted on October 4, 1993, with possible
award by the City Council on October 6, 1993. A staff report and
recommendation will be prepared and distributed to the Council
prior to their October 6, 1993 meeting.
RECOMMENDED ACTION:
ALTERNATIVE COUNCIL POLICY OPTIONS:
Acct. No. (if NOT budgeted): N/A Acct. No.: N/A
Appropriation Requested: N/A (if budgeted)
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:
R: i\ENG:kk
AASPHALT. 4
ITEM NO. 84
DATE: Octobe 6 1993
A G E N D A 8 U M M /% R If R ~ P O R T
SUBJECT: RATIFICATION OF PURCHASE OF PORTABLE BUILDINGS FROM
MENDOCINO COUNTY OFFICE OF EDUCATION
With the completion of the Garage facility, and the consolidation
of the Electric, Water, and Sewer Divisions, reorganization of the
City Yard is well underway. The mechanics will be housed in the
new Garage and plans are underway to provide a united workspace for
the utility workers so that they can function as one department.
At the same time these facility improvements are progressing, the
Disposal Site has budgeted $35,000 for the purchase of a mobile
office for the dump site. Other departments have been planning to
acquire buildings, but have not accumulated the substantial
investment necessary to construct them.
City Staff spotted a public notice for the sale of portable
buildings by MCOE and submitted a bid on behalf of several
departments. The City was the successful bidder and is now
purchasing six buildings for $13,800. This is a "single source"
purchase, and as such, is exempt from our bid requirements.
However, because it is a significant purchase we wanted to make the
Council aware of this action.
The buildings are shown on the attached sketch, and allocated to
departments as follows:
(Continued on Page 2)
RECOMMENDED ACTION: Ratify Staff action to purchase MCOE
buildings.
ALTERNATIVE COUNCIL POLICY OPTIONS: N/A
Acct. No. (if NOT budgeted): N/A Acct. No.: Various
Appropriation Requested: N/A (if budgeted)
Citizen Advised: N/A
Requested by: N/A
Prepared by: Louise Burt, Finance Director
Coordinated with: Nora White, Warehouse/Purchasing Supervisor
Charles L. Rough, City Manager
Attachments: Sketch of. buildings.
S,,mmar¥ (Continued)
Buildina No.
Department
Amount
1. Recreation $ 1,000
2. Disposal Site $ 1,000
3. Airport $ 1,100
4. (No Building 4)
5. Parks & Golf $ 3,000
6. Utility $ 3,200
7. Utility $ 4,500
8. (Transferred to County)
~,800
These funds will be taken from departmental accounts in the Fixed
Asset Fund, as shown on Page 232 of the Budget. Purchasing the
buildings in this manner will provide a significant savings over
purchase or construction costs of new buildings.
The Recreation Building is 10' x 22', and will be located at the
pool site to be used as a first-aid station. This will also
provide a place for staff training and the storage of equipment and
supplies for the Aquatics Program.
A building of the same size (10' x 22') will be located at the
Disposal Site to provide office space. The Department was planning
to purchase an office trailer, but this portable building will meet
their needs at a much lower cost.
The Airport building (12' x 28') will be placed between their
current office and the FAA building. The City Airport Office will
transfer to this new larger location and the existing office will
be rented out.
The Parks and Golf Divisions are buying Building No. 5. It is
20' x 30' and includes a restroom. There has been a problem in the
past with the workers having no hot water to clean up after greasy
or dirty tasks. The office space will provide a place to gather
for meetings, training, and breaks. It is important to provide
this area for the crews away from the pesticides stored in their
existing building.
Building Nos. 6 (20' x 32') and 7 (30' x 32') will be purchased by
the Utility Department and located at the City Yard. These
buildings are currently connected by a breezeway. The department
plans to eliminate the breezeway and push the buildings together,
connecting the two openings. This will provide a command center
for the department and move them from the old gas station that has
housed their activities.
The Utility Department will serve as project manager, coordinating
site preparation, utility hook-ups, and the actual move. The
buildings are expected to be in place in October.
J
AGENDA
SUMMARY
ITEM NO. 10a
DATE: October 6t 1993
RE P OR'~
SUBJECT:
CONSIDERATION OF ORDINANCE
PERTAINING TO THE REGULATION
AREAS
INTRODUCED ON SEPTEMBER 15, 1993
OF SMOKING IN ALL ENCLOSED PUBLIC
After consideration of four policy alternatives and public testimony, the
City Council, at its September 15, 1993 meeting, introduced for first
reading Proposed Ordinance B, which regulates smoking in all enclosed
public places. Proposed Ordinance B is attached for your consideration.
In addition, at the request of several Councilmembers, Proposed Ordinance
A, which more closely reflects the recently adopted County ordinance has
been included with this agenda item.
RECOM/4ENDED ACTION: Consider adoption of Proposed Ordinance A or B.
ALTERNATIVE COUNCIL POLICY OPTIONS:
1. Decline to act on either Ordinance A or B, and consider some other
alternative.
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. Correspondence received since
meeting.
APPROVED:
R:4/CM
ASRSml
September
2. Copy of September 15, 1993 Staff Report.
3. Copy of Proposed Ordinance A.
Ordinance B.
15, 1993
~TEM NO. lla
D_ATE: September 15, 1993
SUBJECT:
AGENDA SUMMARY REPORT
CONSIDERATION OF A/~ENDMENT S TO CITY OF UKIAH' S
PERTAINING TO THE REGULATION OF SMOKING
ORD I NArC
The City Council is aware that the County of Mendocino adopted,
July 27, 1993, the "Smoking Pollution Control and Health Protectiol
Ordinance,,, which became effective August 26, 1993. This ordinance
represents for the unincorporated areas of our County, the first Count5
regulations relative to prohibiting smoking in public places, and is fa~
more far-reaching than the City of Ukiah's present ordinance regulatin~
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
ordinance alternatives presented.
consider and
approve one of the four
ALTERNATIV]E COUNCIL POLICY OPTIONS:
1. Consider and approve an alternative not presented.
Acct. No. (if NOT budgeted):
Appropriation Requested: N/A
Citizen Advised: N/A
Requested by:
Prepared by:
N/A
Acct. No.:
(if budgeted)
Attachments:
APPROVED
Mendocino County Tobacco Coalition
Charles L. Rough, Jr., City Manager~
David Rapport, City Attorney
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.
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:
1. To prevent exposure to environmental tobacco smoke in workplaces,
public places, and restaurants
2. 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:
1. 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.
3
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PROPOSED ORDINANCE A
ORDINANCE NO.
The
follows:
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.
City Council of the City of Ukiah hereby ordains
as
SECTION ONE:
Chapter 7 of Division 5 of the Ukiah City Code is hereby
amended to read as follows:
Article i shall be renamed: Title, Findings and
Definitions.
Section 4501 is amended to read as follows:
1. 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.
2. Health hazards induced by breathing environmental
tobacco smoke include lung cancer, heart disease,
respiratory infection, decreased respiratory
function, bronchoconstriction, and bronchospasm.
3. 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.
4. 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
follows:
to Article I to read as
§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
October 1, 1993 2
6 o
o
o
10.
11.
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, restauramts, 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).
"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.
"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\0rds93\smoking
October 1, 1993 3
12.
PROPOSED ORDINANCE A
"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.
14.
"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.
"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 OF EMPLOYMENT:
PLACES AND IN
Smoking shall be prohibited in all public places within the
City of Ukiah, including the following places:
1. Elevators.
s:\u\ords93\smoking
October 1, 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:
It shall be the responsibility of employers to
provide a smoke-free work place for all employees,
s:\u\ord$93\smoking
October 1, 1993 5
PROPOSED ORDINANCE A
but employers are not required to incur any expense to
make structural or other physical modifications.
B ·
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.
The smoking policy shall be communicated to all
employees within three (3) weeks of its adoption.
D4
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
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 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:
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\s~oking
October 1, 1993 7
PROPOSED ORDINANCE A
Bars. Bars which are not physically attached
to any other business are exempt from the
smoking restrictions contained in this
Chapter. Bars that are physically attached to
a building or buildings containing restaurants
or other businesses shall not be subject to
smoking restrictions, provided the following:
The bar area is not the principal waiting
area for the restaurant;
Restaurant patrons do not have to walk
through the bar to gain access into the
restaurant;
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.
Hotel and motel rooms rented to guests.
Semi-private or private rooms and wards in
hospitals, if all occupants agree.
7. 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
$:\u\ords93\smoking
October 1, 1993 8
PROPOSED ORDINANCE A
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:
§4507: ENFORCEMENT
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.
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.
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:
s:\u\ords93\smokin~
October 1, 1993 9
§4507.1:
A.
PROPOSED ORDINANCE A
PENALTY FOR VIOLATING CHAPTER
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.
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.
o
A fine not exceeding two hundred dollars
($200) for a second violation of this Chapter
within one (1) year.
3 o
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.
S4507.2: 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
s:\u\ords93\smoking
October 1, 1993 10
PROPOSED ORDINANCE A
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.
S4507.4: 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 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 , 1993, by the
following roll call vote:
AYES:
NOES:
ABSENT:
ATTEST:
Mayor
s:\u\ord$93\smokin9
october 1, 1993 11
City Clerk
PROPOSED ORDINANCE A
1993
PROPOSED ORDINANCE B
ORDINANCE NO.
The
follows:
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
UKIAH, AMENDING CHAPTER 7 OF DIVISION 5 OF THE
UKIAH CITY CODE, REGULATING SMOKING IN VARIous
LOCATIONS WITHIN THE CITY OF UKIA/{.
City Council of the City of Ukiah hereby ordains
as
SECTION ONE:
Chapter 7 of Division 5 of the Ukiah City Code is hereby
amended to read as follows:
Article 1 shall be renamed: Title, Findings and
Definitions.
Section 4501 is amended to read as
1.
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, 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.
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
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.
3. "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.
5. "Employer" means any person, partnership,
association, corporation, or non-profit entity,
which employs one or more persons for compensation.
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".
10.
"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).
"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.
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.
o
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.
Restaurants.
8. Bars.
10.
11.
12.
Public areas of galleries, libraries and museums,
when open to the public.
13.
Any facility which is primarily used for exhibiting
any motion picture, stage, drama, lecture, musical
recital or other similar performance.
Sports arenas and convention halls.
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.
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:
ao
PROPOSED ORDINANCE B
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.
Co
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
PROPOSED ORDINANCE B
machine located in such an area must be placed 30 feet or
greater from the entrance to such an establishment. ;Lny
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 F~ERCF~%IgDISING 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: SA~E 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:
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.
o
4 o
Restaurants, hotel and motel conference or meeting
rooms and public and private assembly rooms while
these places are being used for private functions.
Hotel and motel rooms rented to guests.
Semi-private or private rooms and wards in
hospitals, if all occupants agree.
6. 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:
8
PROPOSED ORDINANCE B
§4507: ENFORCEMENT
ao
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.
Bo
Any citizen who desires to register a complaint
under this chapter may initiate enforcement with
the Mendocino County Department of Public Health.
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.
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
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.
Bo
It shall be unlawful for any person to smoke in any
area where smoking is prohibited by the provision
of this Chapter.
Co
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.
e:\u\ords9]\smokingB
September 8. 1993 9
PROPOSED ORDINANCE B
A fine not exceeding two hundred dollars
($200) for a second lolatlon of this Chapter
V~ '
within one (1) year.
o
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: NON'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 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
·: \u\ords93\smoklNgB
Septe~er 8, 1993
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: ~ublication 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 15
the following roll call vote:
, 1993, by
AYES: ~ouncilmembers Mastin, Malone,
NOES: Councilmember Shoemaker
ABSENT: None
Wattenburger,
and Mayor
Schneiter
Adopted on
following roll call vote:
, 1993,
by the
AYES:
NOES:
ABSENT:
ATTEST:
Mayor
City Clerk
EL SOMBRERO INC.
131 E. MILL ST.
UKIAH, CA. 95482
RECEIVED
CITY OF UKIAH
SEP 1 7 1993
CITY CL~.RK OFPAI~ I MENTOr';.L-)
To Thc City Council: Date: September 17, 1993
The City of Ukiah. as the County of Mendocino has done, is once again stepping beyond its
scope of affairs by the introdution of the proposed "No Smoking" ordinance. Instead of
concerning itself with dealing with "It's the economy, stupid!", the city council looks
notority by conceming itself with controversial health concerns that are not any of their
responsibility.
The City has encroached into the affairs of local business. No restauranteur, no local private
business, needs government interference to make their customers happy. Whether or not
smoking is allowed, as well as where and when. should be determined by the business
operators in response to their customers. This il a customer service rather than a health
issue. Restaurantcurs have been successfully dealing with smoking and other similar issues
tbr years, not because of some government regulation, but in response to their customers.
The impact on business by this interference under the guise of health concerns will have
definite monetary impact which will be reflected in a reduction of tax base income to these
local government agencies. Who are those that declare there will be no financial impact on
the restaurant and/or bar businesses. They certainly are not the owners of these businesses.
They are the do-nothing do-gooders in this community. There should be no expectation of
any support Ibr any tax rate increase, especially a one-quarter percent sales tax increase, to
cover local government expenditures when they create thc very problems that cause the tax
shortfall. Get out of the hair of local business and get back to tile subject. "Its the economy,
Stupid! ".
Donald J. Howard
President
El Sombrero Inc.
Wyvern Restaurants, Inc.
575 WEST COLLEGE AVE., SUITE 201 · SANTA ROSA, CA 95401 · (707) 545-7447
Mr. Fred Schneiter
300 Seminary Ave.
Ukiah, CA 95482
Dear Mr. Schneiter:
I am writing in support of the proposed city wide smoking
ban. As the manager of a local restaurant, I believe a
smoking ban would create a more pleasant environment for
customers.
As it is now we have a smoking section, and a non smoking
section. I have noticed that this does not work out well
at all. Smoke drifts throughout the restaurant, and is
very annoying to non smokers. I receive complaints on a
regular basis from customers who are bothered by the
smoke. I feel these people should be able to enjoy a meal
without cigarette smoke in their faces.
Some say that businesses should be the ones to decide if
they want to go smoke free or not, but this is unfair as it
forces the business to choose a side of this debate. If
not every restaurant in the city is smoke free, then
restaurants that do choose this avenue will lose customers
to the competition that does allow smoking. If every
resaurant in the city is smoke free, then we are all on
equal footing.
Thank you for the opportunity to voice my opinion.
Sincerely,
David Steely
Manager
OPERATORS OF R0 dT hle A FRANCHISE OPERATION OF THE ROUND TABLE FRANCHISE CORPORATION
REPRE - C M . '1". ~'~,-'i¥~Y RL~
"1 don't smoke - I think each business should do anything they want. It seems we are h~ing for
a d~torship."
"1 i~rsonally hme to see any more rights taken away."
"~th my bust:mhd and I are non-smol~rs, but w~ feel the pr~,~nt ordinance is ~K~K:IU~."
"1 re~nt having freedom of choice taken away from me. P~ no polic~ SteM®."
"Today smoking rights - tomorrow what? P®Hum®s, ~mnts, r~cl cars, big trucks, ~ heir,
alcohol"?
"1 don't smoke and I don't like it. If a business wants smoking, ok. I'll go som~p~
"1 think businesses should be able to d~c~ for themselves which they want in their
Otherwise, whet hapl~ned to our free country. Please, lets be careful about our laws."
"The present saparme smoking and non-smoking areas are aclequ~te and fair."
"We ar~ non-smokers, however, we think the public is over-r~lUlm~l now and tl~re are too ma~y
laws."
"1 do not believe in taking our freedoms away - We are losing them - I am not a smokerl It is not
the City's job to say who can smoke or not, nor is it their business."
"1 for one would not go to a restaurant if I couldn't smoke. Sometimes I go and sit.for coffee. There
are no smoking sections available. This is a free country, I thought."
"People should be left with the ability to make the decision for themselves."'
"1 am a 78 year old female with a 64 year smoking habit. I have always tried to respect the rights
of non-smokers, but Ithink there should be some consideration of my rights, too."
"1 think personally owned businesses should be able to designate whether to allow smoking or not
in their place of business. Likewise, their employees and/or customers have the right to choose to
enter or not. Its their livelihood at stake"!
"1 think t~'e City should stay out of personal affairs and get back to what they are supposed to be
taking care of. All people have their rights, even smokers."
"1 feel that things shoul(~ be left as they are. The quarrel should be with the d~arette com~nies and
the paid advertisers. They are the ones whq hooked the pUblic into smoking and keep them there.
I feel sorry for the addicted."
"Could regulate vending machines to minors so they do not have access, and should monitor stores
who continue to sell to minors."
"1 agree with the prohibition of tobacco vending machines, however, I feel some re~aura~s and
small businesses would suffer under the County's proposal."
"School buses are horrible polluters.
concerned about tiny cigarettes."
Being behind one is nauseating.
Do something if your so
"These ordinances are a joke. They are unenforceable."
"1 believe the City ordinance is fair, reasonable and equitable - keep as is."
"1 think government should be more attentive to crime, hunger and homelessness."
"Enough is Enough! What ever happened to 'live and let live'."
"This is really stupid. Any minor can get someone of age to buy t~:) products for them if they
choose to smoke, you can't do a damn thing. Age 22, also a smoker, I know what I am saying."
"Restaurants and other businesses are already being regulated excessively. Why are we wasting
precious taxpayer dollars on legislating social mores."
"City's present ordinance is a good compromise for smokers and non-smokers in Ukiah. Should
protect the teenagers though."
"1 think the present ordinance is pedectly sufficient. If they keep going you won't be able to even
smoke in your own home."
"1 have a right not to breathe smoke. The smoker pushes their right on us who do not smoke."
"Many businesses that have poor ventilation ldo not patronize bec,~Jse smoke is not removed
adequately ."
"To be fair, it should be County-wide, including all cities in the County. I don't go into busines~$
where smoking is too dominant. Also, what about Bingo Iocationsl Talk about hazard! Whew"!
"1 don't go any place where there is smoking. Eating places where they have smoking and non-
smoking sections, I can still smell it. If I go by anyone smoking I can taste it and my eyes water."
"Smoking is harmful to health whether first hand or second hand."
"1 feel there shouldn't be any smoking in buildings, period. That smoking, if it has to be done, ~ple
should smoke outside."
"1 think businesses will see an increase from those who presently do not patronize 'smoking'
establishments. Please pass the ordinance"!
"'Non-smoking' sections in restaurants are almost always inadequ~ or ignored. Our family will
certainty patronize more restaurants if there is no smoking."
"it is long overdue that a stop be made to smokers polluting the clean air of others"!
"Health-wise there's no other alternative."
"1 feel the bars should also be included in the no smoking ordinance. V~ 'ben I go out dancing, I come
home smelling of tobacco smoke. I am responding to this as a smoker. Thank you."
"Whenever you go out to most restaurants, you usually have to go through smoking areas to get to
non-smoking. IVlay have to walt to be seated, where smokers are. Also, puts you in a corner area
instead of open areas. Hard on eyes, nose and breathing. Thank you."
"The sooner the better, tomorrow if possible."
"The County and City should be the same, as is confusing to some people."
"Unfortunately, I am a smoker myself. However, in all fairness to everyone, smoking should be
banned in all public places. I believe all motels and hotels have smoking and non-smoking rooms.
Smoking should be banned in re~urants and dining ~ooms."
·
"Please have the intestinal fortitude to stand up for the 75% - 80% of the population who do not
smokel How wondedul to be able to eat out without the necessity of inhaling someone's used
smoke."
"1 am for anything to keep our young people from getting hooked on tobacco of any kind."
"My husband died of lung cancer several years ago. He was a heavy smoker. So where do I
stand? I'~ s,~ng~ - e,n¥~. Government can't dictate people's lives, but they (us) hah an
obligation to proteCt people who do care"!
"If people want to smoke that's fir'm, that's their business, but when they smoke around me or my
family, that is my business. Smokers do not have the right to make others sick with their ignorance,
and we should all have the right to patronize all restaurants and busies. I feel people lose
business by allowing smoking. I don't want to die from someone eise's lack of consideration."
"This ordinance should be enacted just as a matter of good health policy."
"Any opportunity to reduce passive smoke inhalation should be pursued. Also, all obet~ to
minors being able to purchase cigarettes should be put in place."
"Non-smokers have rights too."
SURVEY PROFILE
ClueMtefl No. 1' 1~48 individuals felt :hat the City of Ukiah's present ordinance regulating smoking
in our community is ~, and 1.312 felt that the City's ordinance's n_et ~;~e. There were
95 cards which did not answer in this category. The following break~n illustrates wNch
respondents were residents, businesses, or both.
I,~BL c'Yry O~lO~M~! I$ ADE4~ATE #
Residents 780
Businesses
Resident and Business 180
:!!!~' '"~~!::::::::::::::::::::::::::::::::::: :::.:.'.:.::::~ .... :::::::::::::::::::::::::~:.~ ...... ~¢e' '~,~:~~!ii:::::::::::::::::::::::::::::::::::::::::::::::::::::::: ......::::::::
TOTAL 1,048
, ,,
Resider~s 9~
Bus~$~s I 0~
~:~:~:' -.'-~:' · ..;,..:.::;.......:::.-..,..~.:::.:.::..........- ..-..:::: ..... ::~:~:~:~:~:~:~:~:~:~:~:~:~::~:~:~:~:
~s~ent a~ Busings 2~
TOTAL 1,31 2
,, ................
~ 2:1,446 respondents felt that the City of Ukiah should adopt the County's proposed
chart~ to regulate smoking in our community, and .970 respondents felt that we should not. There
were 39 cards which did not answer in this category. The following breakdown illustrates which
respondents were residents, businesses, or both.
~ CITY ~D ADC)PT COUNTY'S #
O(qMNM~!
Residents 1,075
Businesses 110
~:ii;i;i;i;i;i~:.::i:::::i;i::;:;::.'~;:::;:;::!:!:!:~.. ....!:~:'.~!:i~r:~!~-'.'~-!~:~:!:i.~:i~:!:.::i.'.'~:: :i:i~:i~:.:.'!~. ~:;:~--.'.:..';:;.~.~ m:.-:.:
Resident and Business 261
TOTAL 1,44{i
.... , , ~ .,.., , ....
~ OffY SHOULD NOT ADOPT ~ #
Residen{s 721
Businesses 62
,
Resident and Business 187
TOTAL 970
u,. ,i,, i,-, , ,, ,ill, ,,, , ~, , i T
16100 Hwy. 101 ~53,
Willits, Ca. 95490
October, 2, 1993
Editor, ~
Ukiah Daily Journal,
Dear Sir:
The messiahnistic zealots on your city council appear to be
about to pass a p~ticularly restrictive anti-smoking ordinance.
They might do well to have some second thoughts before they do.
My wife and I enjoy an above-average retirement income, much of
~ehich has been spent in Mendocino County and especially in Ukiah.
~f this ordinance passes, we will buy no more than we have to
locally. No more new Fords nor anything else upon which we
would pay sales tax. We will go to Humboldt County for such
purchases. We will actively work to defeat the sales tax in-
crease upon which we will all vote in November. Further, we
will move increasing amounts of our investments into California
double tax-free mutual bond funds, thus denying the State of
California most of the income tax on our investment income, and,
indirectly, Mendocino County. These are the only weapons I have
with which to fight this sort of over-regulation by government.
And you may be certain that I will use them, and more as they
occur to me.
The proponents of this ordinance loudly proclaim that it will not
hurt business. They must be incredibly naive, incredibly dense,
or lying in their..teeth, because it most assuredly will hurt local
business. Case in point: Boomer's cafe in Rohnert Park. We have
stayed at the adjoining motel several times the last few years,
and every time we have gone into Boomer's for breakfast the place
has been at least two-thirds full of smokers breakfasting, having
coffee and reading the morning papers, ~c. No more. Three weeks
ago we were there at 8:00 AM and ther~}~nly three other people in
the place. The counterman told me their new non-smoking ordinance
is killing them, and I doub~ the business will survive until the
end of this year. The manager at a Denny's Restaurant in Novato
told us they are losing coffee mugs because smokers take them out-
side and never bring them back. The examples are legion.
Sincerely yours,
Sherman S. Cook
Golden Rule Mobile Village
Ph. 707 459 2856
October 5, 1993
TO:
City Council Members,
City of Ukiah
RE: Proposed Smoking Ordinance
The enclosed "additional copies" of a Petition were submitted
to the Mendocino County Board of Supervisors Monday, October
5, 1993.
Number of signatures to-date, (including those previously
submitted) is nearly 2,000.
Those who have signed the petition respectively request that
City Council Members consider: The EPA's manipulation of science
to justify its agenda that second-hand smoke poses a serious
health threat. Some of the harshest criticism of the EPA's
classification of environmental tobacco smoke (second-hand smoke)
as a Group A carcinogen, has come from the scientific and medical
field.
This, coupled with the huge array of reading material that
suggests there are many questions at this point in time as to
whether "second-hand smoke" is more of a "nuisance" factor than
a scientifically based health threat.
The proposed City ordinance (and recently passed County
ordinance) allows government to dictate to businesses to whom
they may and may not cater, while depriving the public a choice,
not to mention equal access under the law.
A more appropriate approach to this "smoke screen" issue would
be properly posted no-smoking zones, or an infinite variety
of private arrangements.
Respectively submitted,
Citizens Opposed to Change in City Smoking Ordinance
'A PETITION TO THE MENDOCINO COLCNTY BOARD OF SUPERVISORS
Thc undcrfigned ar~ adamandy opposed ~o a County "Smoking Ban'
The undersigned citizens of Mendocino County strongly urge thc County Board of Supervisor~ to
reconsider their action on the recently passed Anti-Smoking Ordinance. The ordinance pose~ serious restriction
to ail businc.~es that serve the public.
The ordinance is viewed by the undersigned as unfair, biased, and as an infringement on the civil
libertie~ of u~¢ general public. The undersigned are disappointed that the general public was not polled prior to
passing an ordinance that has such impact on busine~e~ and ~dividual choice.
Recognizing that the Board of Supervisors are concerned with the health of ~h¢ citizens of this
community, we believe existing laws prior to r~e passing of this ordinance wer~ adequate and provided a
freedom of choice to all citizens.
PRINTED NAME
ADDRESS
A PETITION TO THE MENDOCINO COUNTY BOARD OF SUPERVISORS
The undersigned ar~ adamantly opposed to a County "Smoking Ban"
The undersigned citizens of Mendocino County strongly urge the County Board of Supervisors to
reconsider their action on the recently passed Anti-Smoking Ordinance. The ordinance poses serious restriction
to all businc~es ~at serve the public.
The ordinance is viewed by the ~ndersig~ed asjlaf~a~, ~ and as an ;~nfring__-~e___-_t.on ~
~ of the general public. The undersigned are disappointed thaz the general public was not polled prior to
passing an otdimmce that has such impact on businesses and individual choice.
Recognizing that the Boaz:l of Supervisors are concerned ~ the health of the citizens of this
community, we believe existing laws prior to the passing of this ordinance we~ adequate and provided a
Q'cedom of choice to all citizens.
PRINTED NAME
SIGNATURE
ADDRESS
/07
¢..~ I.C r
4
PETITION TO THE MENDOC~O COUNTY BOARD OF SUPER'VIsoRs.
~igned a_~ adamantly oppoacd to a County "$mo~g B~"
~ ~de~i~ ~en$ of Mend~o Coun~ a~ongly ~g¢ ~ Coun~ Bo~ of Supe~iso~ to
~~~ ~e~ action on ~e ~cenfly p~d ~fi-Smo~g ~~ce. %e o~n~ ~ses serious resection
b~c~cs ~ s~e ~e pubic.
of ~e gen~ pub~. ~ =~=i~ ~ ~ap~M~ ~ ~¢ gene~ pubic w~ not ~~ prior
~ o~~cc Mt h~ such ~p~t on b~incs~s ~d M~d~ choice.
R~o~;~ug ~at ~e Bo~d of Sup~~ ~ concem~ wi~ ~c hc~ of ~c ~c~ of ~is
co~~, we ~eve c~s~g hws prior ~ ~e passing of ~s o~~cc wcm ~cqua~c ~d pmvid~ a
of choice m ~ clans.
P~ED NA~
SIGNATURE [ ADDRESS
,/ ]
.o,
...~ A PETITION TO THE MENDOCLNO COUNTY BOARD OF SUPERVISORS
undersigned am adamantly oppos~ to a County "Smoking '"'~-
The und~rsign~l citizens of Mendocino County m'ongly urge thc County Board of Su~rvisors to
>. reconsicl~r th~a' action on ~¢ r~amrly pass~ Anti-Smoking Ordinance. The ordinance poses s~rious restriction
i' m all business~ tha~ s~'ve the public. ~ .'.
, The ordinance is viewed by the undersigned as unfair, biased, and as anco, n_th.e _civil
', , liberri~ of r.he g~n~blic. Thc und~l'sign~i are disap~~ the ~neral putgic w~_.~n~ prior to
passing an ordinance thafhas such impact on busin~s~-s and individual choice,.
" Recognizing that the Board of Suers are concerned with the health of the citizens of _this
; community, we b~lieve existing laws prior to the passing of this ordinance wer~ ad~quale and provided a
~ of choice to all cigz~ns.
PRINTED NAME
·
·
SIGNATURE I ADDRESS
:/
- r
A PETITION TO THE MENDOCINO COUNTY BOARD OF SUPERVIsORs
.
Tho tmdea~lgned ar~ ~fly op~ to a Coun~:"Smo~ng B~"
· ~deni~ ~fizens of Mend~Mo Coun~ s~ongly ~ge ~e Coun~ Bo~ of Su~isom to
~~~ &e~ a~fion on ~e ~cenfly p~d ~fi-Smo~ng ~nance. %e or~n~ce ~ses serious resMcfion
n~~ or m~ gen~pu0a~, l'ne ~de~i~ ~e ~sappoM~ ~at ~e gene~ pubic w~ not ~Red prior
p~g ~ o~~e ~ h~ such ~p~t on businesses ~d in~d~ ~hoice
?~m~, y~ ~evs. e~s=g ~Ws prior ~ me passing of ~s o~n~ce we~ ~uate ~d pmvid~ a
P~ED NA~ SIGNATURE ' ADD.SS
,-' f
,/
A PETITION TO THE MENDOCLNO COUNTY BOARD OF SUPERVISORS
Thc undersigned are adamantly opposed to a County '$mokin§ Ban"
The .undersigned citizer~ of Mendocino County strongly ur~ the County Board of Supa~$ors to
reconsider their action on the recently passed Anti-Smoking Ordinance. The ordnance poses serious restriction
to ail busin~ tha~ serve the public.
The ordinance is viewed by the underfigned as unfair, biased, and as an infringement on the civil
libe~es of the general public. The undersigned are ~poinmi that the general public was not polled prior to
passing_an ord.., ce tha~ has such impact_on busings and individual choice.
R. ecognmng that the Board of Supervisors are concerned with the health of the c/fizens of this
commumty, we believe existing laws prior ~o the pa.~n§ of this ordinance were adequate and provided a
freedom of choice to all citizens.
.
PRINTED NAME SIGNATURE ADDRESS
A PETITION TO THE MENDOCINO COUNTY BOARD OF SUPERVISORS
The undersigned are adamantly opposed to a County "Smoking Ban"
The undersigned citizens of Mendocino County strongly urge the County Board of Supervisors to
reconsider their action on the recently passed Anti-Smoking Ordinance. The ordinance poses serious restriction
to all businesses that serve the public.
The ordinance is viewed by the undersigned as unfair, biased, and as an infringement on the civil
liberties of the general public. The undersigned are disappointed that the general public was not polled prior to
passing an ordinance that has such impact on businesses and individual choice.
Recognizing that the Board of Supervisors are concerned with the health of the citizens of this
community, we believe existing laws prior to the passing of this ordinance were adequate and provided a
freedom of choice to all citizens.
PRINTED NAME
SIGNATURE
ADDRESS
A PETITION TO THE MENDOCINO COUNTY BOARD OF SUPERVISORS
The undersigned are adamantly opposed to a County "Smoking Ban"
The undersigned citizens of Mendocino County strongly urge the County Board of Supervisors to
reconsider their action on the recently passed Anti-Smoking Ordinance. The ordinance poses serious restriction
to all businesses that serve the public.
The ordinance is viewed by the undersigned as unfair, biased, and as an infringement on the civil
liberties of the general public. The undersigned are disappointed that the general public was not polled prior to
passing an ordinance that has such impact on businesses and individual choice.
Recognizing that the Board of Supervisors are concerned with the health of the citizens of this
community, we believe existing laws. prior to the passing of this ordinance were adequate and provided a
freedom of choice to all citizens.
C
A PETITION TO THE MENDOCINO COUNTY BOARD OF SUPERVISORS
The undersigned am adamantly opposed to a County "Smoking Ban"
The undersi,gned citizens of Mendocino County strongly urge the County Board of Sul~rvisors t°
reconsider their actaon on the recently passed Anti-Smoking Ordinance. The ordin~mc¢ poses serious restriction
to all businesses that serve the public.
The ordinance is viewed by the undersigned as unfair, bias~, and as an infringement on the civil
li~rties of the general public. The underaigned are disappointeA that the general public was not polled prior to
passing an ordinance that has such impact on businesses and individual choice.
Recognizing that the Board of Supervisors are concerned with the health of the Citizens of this
community, we believe existing laws prior to the passing of this ordinance wer~ adequate aim provid~ a
freedom of choice to all citizens.
PRINTED NAME
....................... ,,m ,, ,, , , i
, i ....... , ~l ....
A PETITION TO THE MENDOCINO COUNTY BOARD OF SUPERVISORS
.-'; ~ : ,_~. ({- i- .-/'-?
The undersigned am adamantly opposed to a County "'Smoking Ban"
The undersigned citizens of Mendocino County s.trongly urge the County Board of Supervisors to
reconsider their action on the recently passed Anti-Smoking Ordinance. The ordinate poses serious r,$trietion
to all businesses that serve the public.
The ordinance is viewed by the undersigned as unfair, biased, and as an infringement on the civil
liberties of the general public, The undersigned me disappointed that the general public was not polled prior to
passing an ordinance nat has such impact on businesses and individual choice.
Recognizing that the Bom'd of Supervisors ~re concerned with the health of the citizens of this
community, we b~tieve existing laws prior to the passing of this o~inance were adequate and provided a
freedom of choice to fll citizens.
PRINTED NAME
................... ,. ,., , ,, i
~.' ~ t G C.'.; h
/-, -^
SIGNATURE
ADDRESS
A PETITION TO THE MENDOCINO COUNTY BOARD OF SUPERVISORS
The undersigned are adamantly opposed to a County "Smoking Ban"
The undersigned citizens of Mendocino County strongly urge the County Board of Supervisors to
reconsider their action on the recently passed Anti-Smoking Ordinance. Thc ordinance poses serious restriction
to all businesses that serve the public.
The ordinance is viewed by the undersigned as unfair, biased, and as an infringement on the civil
liberties of the general public. The undersigned are disappointed that the general public was not polled prior to
passing an ordinance that has such impact on businesses and individual choice.
Recognizing that the Board of Supervisors are concerned with the health of the Citizens of this
community, we believe existing laws prior to the passing of this ordinance were adequate and provided a
freedom of choice to all citizens.
PRINTED NAME SIGNATURE ADDRESS
/ ...~
<:
A PETITION TO THEMENDOCINO4..O~.SN-Y "' ' .... ' ': '
The undersigned ave adamantly opposed to a County "Smoking Ban"
The undersigned citizens of Mendocino County strongly urge the County Board of Supe~'isors to..
reconsider their action on the recently passed Anti-Smoking Ordinance. The ordinance poses serious r~$me~on
to all businesses that serve the public.
The ordinance is viewed by the undersigned as unfair, biased, and as an infringement on the civil
liberties of the general public. The undeaigned me disappointed that the general public was not polled prior to
passing an ordinance that has such impact on businesses and individual choice.
Recognizing that the Board of Supervisors are concerned with the health of the citizens of this
community, we believe existing laws prior to the passing of this ordinance were ,dequate and provided a
freedom of choice to ti citizens.
PRINTED NAME
SI
ADDRESS
A PETITION TO THE MENDOCINO COUNTY BOARD OF SUPER
The undersigned are adamantly opposed to a County "Smoking Ban"
The undersigned citizens of Mendocino County strongly urge the County Board of Supervisors to
reconsider their action on the recently passed Anti-Smoking Ordinance. Thc ordinate l~oses serious resmetion
to all businesses that serve the public.
The ordinance is viewed by the undersigned as unfair, biased, and as an infringement on the civil
liberties of the general public. The undersigned are disappointed that tt~e general public was not polled prior to
passing an ordinance that has such impact on businesses and individual choice.
Recognizing that the Board ot Supervisors are concerned with the health of the Citizens of this
community, we believe existing laws prior to the passing of this ordinance were ,dequate and provided a
freedom of choice to all citizens.
PRINTED NAME
,TURE ADDRESS
c%
//
·
/y/dS Cq
.%
A PETITION TO THE MENDOCINO COUNTY BOAR.')
The undersigned are adamantly opposed to a County "Smoking Ban"
The un, dersigned citizens of Mendocino C.ounty s,trongly urge the County Board of Sup, n'isors to
reconsider their action on the recently passed Ann-Smoking Ordinance. Thc ordinance poses serious restriction
to all businesses that serve the public,
The ordinance is viewed by the undersigned as unfair, biased, and as an infringement on the civil
liberties of the general public. The under~ign~l are disappointed that the general public was not polled prior to
passing an ordinance that has such impact on busines~s and individual choice.
Recognizing that the Board of Supervisors are concerned with the health of the citizens of this
community, we believe existing laws prior to the passing of this ordinance were adequate and provided a
free, dom of choice to all citizens.
PRINTED NAME
......................... I!
·
SIGNATURE
ADDRESS
t'/
Iii
Il j j ii
_ _
A PETITION TO THE MENDOCINO COUNTY BOARD
The undersigned aru adamantly opposed to a County "Smoking Ban"
freedom of choice to all citizens.
PRINTED NAME
The undersigned citizens of Mendocino County strongly urge tile County Boa.rd of Supervisors to
reconsider their action on the recently passed Anti-Smoking Ordinance. Thc ord!nance pose~ serious red,etlon
to all businesses that serve the public, -'
The ordinance is viewed by the undersigned as unfair, biased, and as an infringement on the civil
liberties of the general public. The undersigned are disappointed that the general public was not polled prior to
passing an ordinance that has such impact on businesses and individual choice.
Recognizing that the Board of Supervisors are concerned with the health of the Citizens of this
community, we believe existing laws prior to the passing of this ordinance were adequate a,d provided a
SIGNATURE
ADDRESS
·
,~ ,
-~,'~,, ~'rl, /-'w
.... A PETITION TO THE MENDOCL~'O COUNTY BOARD OF SUPERVISORS
The undersigned are adamantly opposed to a County "Smoking Ban"
The undersigned citizens of Mendocino County strongly urge the County Board of Supervisors to
reconsider their action on the recently passed Anti-Smoking Ordinance. The ordinance poses serious restriction
to all businesses that serve the public.
The ordinance is viewed by the undersigned as unfair, biased, and as an infringement on the civil
liberties of the general public. The undersigned are disappointed that the general public was not polled prior to
passing an ordinance that has such impac~ on businesses and individual choice.
Recogrtizing that the Board of Supervisors are concerned with the health of the citizens of this
community, we believe existing laws prior to the passing of this ordinance were adequate and provided a
freedom of choice to all citizens.
PRINTED NAME SIGNATURE ADDRESS
./
,3:..:, Vv ~' ' ~ C
.................... .NDOCI. NO OUNTY BOARD OF SUPERV.T. SORS
The undersigned are adam~mtly cF, posed to ,at County "Smoking Ban"
The undersigned citizens of Mendocino County strongly urge the County Board of Supervisors to
reconsider their action on the recently passed Anti-Smoking Ordinance. The ordinance poses serious restriction
to all businesses that serve the public~.
The ordinance is viewed by the undersigned as unfair, biased, and as an infringement on the civil
liberties of the general public. The undersigned are disappointed that the general public was not polled prior to
passing an ordinance that has such impact on businesses and individual choice.
Recognizing that the Board of Supervisors are concerned with the health of the citizens of this
community, we believe existing laws prior to the passing of this ordinance were adequate and provided a
freedom of choice to all citizens.
PRINTED NAME
SIGNATURE
ADDRESS
·
U..;-C,.":
stele
A PETITION TO THE MENDOCINO COUNTY BOARD OF SUPERVISORS
The undersigned are adamantly opposed to a County "Smoking Ban"
The undersigned citizens of Mendocino County strongly urge the County Board of Supervisors to
reconsider their action on the recently passed Anti-Smoking Ordinance. The ordinance poses serious restriction
to all businesses that serve the public.
The ordinance is viewed by the undersigned as unfair, biased, and as an infringement on the civil
liberties of the general public. The undersigned are disappointed that the general public was not polled prior to
passing an ordinance that has such impact on businesses and individual choice.
R. ecognizing that the Board of Supervisors are concerned with the health of the citizens of this
commumty, we believe existing laws prior to the passing of this ordinance were adequate and provided a
freedom of choice to all citizens.
PRINTED NAME SI,GNATURE ~, ,,~
ADDRESS
A PETITION TO THE MENDOCLNO-COUNTY BOARD OF SUPERVISORS
The undersigned are adamantly opposed to a County "Smoking Ban" "~-~.,. ~C~"C~
The undersigned citizens of Mendocino County stron~y urge the County Board of Superviso~,~77'to. ~
reconsider their action on the recently passed Anti-Smoldng Ordinance. The ordinance poses serious restriction
to all businesses that serve the public.
The ordinance is viewed by the undersigned as unfair, biased, and as an infringement on the civil
liberties of the general public. The undersigned are disappointed that the general public was not polled prior to
passing an ordinance that has such impact on businesses and individual choice.
R. ecognizing that the Board of Supervisors are concerned with the health of the citizens of this
commumty, we believe existing laws prior to the passing of this ordinance were adequate and provided a
freedom of choice to all citizens.
PRINTED NAME
SIGNATLrRE ADDRESS
·
A PETITION TO THE MENDOCINO COUNTY BOARD OF SUPERVISORS
The undersig~ned are adamantly opposed to a County "Smoking Ban"
The undersigned citizens of Mendocino County strongly urge the County Board of Supervisors to
reconsider their action on the recently passed Anti-Smoking Ordinance. The ordinance poses serious restriction
to all businesses that serve the public.
The ordinance is viewed by the undersigned as unfair, biased, and as an infringement on the civil
liberties of the general public. The undersigned are disappointed that the general public was not polled prior to
passing an ordinance that has such impact on businesses and individu~ choice.
R. ecognizing that the Board of Supervisors are concerned with the health of the citizens of this
commumty, we believe existing laws prior to the passing of this ordinance were adequate and provided a
freedom of choice to all citizens.
PRINTED NAME
SIGNATURE
ADDRESS
{0
A PETITION TO THE MENDOCINO COUNTY BOARD OF SUPERVISORS
The undersigned are adamantly opposed to a County "Smoking Ban"
The undersigned citizens of Mendocino County strongly urge the County Board of Supervisors to
reconsider their action on the recently passed Anti-Smoking Ordinance. The ordinance poses serious restriction
to all businesses that serve the public.
The ordinance is viewed by the undersigned as unfair, biased, and as an infringement on the civil
liberties of the general public. The undersigned are disappointed that the general public was not polled prior to
passing an ordinance that has such impact on businesses and individual choice.
R. ecognizing that the Board of Supervisors are concerned with the health of the citizens of this
commumty, we believe existing laws prior to the passing of this ordinance were adequate and provided a"
freedom of choice to all citizens.
PRINTED NAME
SIGNATURE
i1' iT
/,, · 27 -.. ./
ADDRESS ,
A PETITION TO THE MENDOCLNO COL.'NTY BOARD OF SUPERVISORS
The undersigned ar~ adamantly opposed m a Coun~ "Smoking Ban"
The undersigned citizens of Mendocino County su'on~y urge the County Board of Supervisors to
reconsider their action on the recently passed Anti-Smoking On~ance. The ordinance poses serious restriction
m all businesses that serve the public.
The ordinance is viewed by the undersigned as unfair, biased, and as an infringement on the civil
liberties of the general public. The undersigned are disappointed that the general public was not polled prior to
passing an ordinaace that has such impact on businesses and individual choice.
R. ecognizing that the Board of Supervisors are concerned with the health of the citizens of this
commumty, we believe existing laws prior to the passing of this ordinance were adequate and provided a
f~..dom of choice to all citizens.
PR~'TED NAME
SIGNATURE
ADDRESS
't
£.
,J ?
A PETITION TO THE MENDOCINO COL.','NTY BOARD OF SUPERVISORS
The undersigned are adamantly opposed to a County "Smoking Ban"
The undersigned citizens of Mendocino County strongly urge the County Board of Supervisors to
reconsider their action on the recently passed Anti-Smoking Ordinance. The ordinance poses serious restriction
to att busiacsses that serve ~e public.
The ordinance is viewed by the m~lersig~ed as tmfa~, biased, and as aa irffringement on ~e civi~
Liberties of the general public. The tmdersig~ed are disappointed thaz ~e generaJ public was not potled prior to
pazsing an ~ce that has such impact on busia~s a~d incLividual choice.
Recognizing that the Board of Supervisors are concerned with the health of the citizens of this
community, we believe exisl/ng laws prior to the passing of this ordinance were adequate and provided a
freedom of choice to all citizens.
PRINTED NAME SIGN. ATURE~ ADDRESS
!
.-----
%. .... '
A PETITION TO THE MENDOCINO COL,"NTY BOARD OF SUPERVISORS
The undersigned are adamantly opposed to a County "Smoking Ban" ~? .-~'"
The undersigned citizens of Mendocino County strongly urge the County4~ard of Supervisors to
reconsider their action on the r~¢ently passed Anti-Smoking Ordinance. The ordinance poses serious restriction
~o all budne~e~ tha~ serve the public,.
The ordinance is viewed by the undersigned a~ uafair, biased, ~nd a~ a~ infringement on the civil
liberfie~ of t~e general public. The undersi/r~ed are dhappoint=i tim ~he general public was not polled prior to
pass/rig an ordinance rha~ ha~ such impac~ on busine~es and individual choice.
Reco/nizing ~a~ the Board of Sup~visors am concerned wi~ the health of t~e citizens of this
c, ommuni~, we believe exis~g laws prior to the pa.~Mg of this oni~ance were adequat~ and provided a
freedom of choice ~ all citizens.
PRINTED NAME SIGNATURE ADDRESS
~.' ....~ ' ~ [ ' ~
A PETITION TO THE MENDOCINO CO~LNTY BOARD OF ...~ ,,,-,.,.,, , .,-,,., .......
Thc und~ign~I ar~ adamantly optms~ to a County "Smoking Ban"
The un~--rsigne~t ;itiz~ms of M~ndoeino County ~n~y ~e ~e ~un~ Bo~ of Su~~ to
~mi~ ~ ~fion on ~e ~fly p~d Anfi-Smo~g ~~ ~e ~ce ~s ~o~ ms~on
~e o~ce ~ ~ew~ ~ ~e ~~~ ~ ~, ~ ~ ~ ~ ~gement on ~e ~
~~ of ~e g~~ pub~ ~e ~~i~ ~ ~~~ ~ ~e g~~ public w~ not ~ed prior
~g ~ ~~ce ~ ~ ~h ~~ on b~~s ~ M~~ choice.
R~~g &~ ~e ~~ of Su~~ ~ ~n~~ ~ &e h~& of ~e tiffins of ~is
co~~, we ~eve ~~g Mws ~or to ~e p~sing of ~ ~~ w~ ~~e ~d ~d~ a
~m of choi~ ~ ~ d~~
PRINTED NAME SIGNATURE
, n , bt .
A PETITION TO THE MENDOCINO COLrNTY BOARD OF SUPERVISORS
The undersigned are adamantly opposed to a County "Smoking Ban"
The undersigned citizens of Mendocino County strongly urge the County Boani of Supervisors to
reconsider their action on the recently passed Anti-Smoking Ordinance. The ordinance poses serious restriction
to all businesses that serve the public.
The ordinance is viewed by the undersigned as unfair, biased, and aa an infringement on the civil
liberties of the general public. The undersigned are dLsap~~d that the general public was not polled prior to
passing an ordinance that has such impact on businesscs and individual choice.
Reco~g tha~ ~he Board of Supervisc~ arc concerned with the health of the citizens of this
community, we believe exis6ng laws prior to the passing of this ordinance wer~ adequate and provided a
~m of choice to all citizens.
PRINTED NAME ! ~SIGNATURE
:- ...... ~,,O~E_pl/ /ed/~ S/~'/ ~~~~__~~~~
t'
ADDRESS
~1 ~ ~r.
J, 0 ~
do /¥,
·
·
· ·
·
·
· .
Thc undersigned are ~fly opposed ~o a Com;~ "S~noidng Ba~".
The tmdersigned citizens of Mendocino County strongly tu'g¢ ~e Co~ Bo~ of S~s~ to
~o~id~ ~e~ action on ~e ~enfly p~d ~fi-Smo~g ~~ce. ~e ~~ce ~s sefio~ ~~on
bus~es~ ~ s~e ~ pubic.
~e o~~ce is ~ew~ ~ ~e ~d~i~ed ~ ~, bi~ ~d ~ ~ ~gement on ~e ~
H~~ of ~e gen~ pubH; ~e mde~i~ ~ ~~~d ~ &e gene~ pubic w~ not ~a~ ~or m
p~g ~ o~ee ~a ~ such ~pa~ on ~es~s ~d ~d,,aJ_ choice.
R?o~ng ~at ~e Bo~ of Su~~ ~ concem~ ~ &e he~ of &e dfizens of ~
eO~~l~, we ~Heve e~g ~ws ~ to &e p~ing of ~s o~~ce w~ ~mm md ~d~ a
~om of choice m ~ ~ns.
~'KL~'I','~D NAME., SIGNATURE, ADDRESS.
i
," ~ /
, F,
l
The undersigned arc adamantly opposed to a County "Smoking B~"
.The unflersigned citizens of Mendocino County stroagly urge the County Board of Supervisors to
reconsider theu- action on the r~cently passed Anti-Smoking Ordinance. Thc ordinance poses serious restriction
to all businesses that serve the public.
The ordinance ts vtewed by the underszgned as unfair, btas~, and as an infringement on the cwil
.___li._b~_ .rues of th~ gcnoral public. Thc undcr~]gncd arc disappo, nt~h'~'~i'rIsc general pubhc was not poi[cd prior to
pamng an ordina.nc~ that ha~ <uch impact on bu~in~$c~ and individual choice.
Recognizing that thc Board of Supervisors arc ¢onccrne, d'with the health of the Citizens of this
community, we believe existing laws prior to the passing of this orclinancc wcr~ adequate aim provided a
freedom of choice to all citizens.
PRINTED NAME
SIGNATURE
ADDRESS
.
ci >-v
A PETITION TO THE MENDOCENO COL.~TY BOARD OF SUPERVISORS
The undersigned are adamantly opposed ~o a County "Smoking Ban'
The undersigned citizens of Mendocin0 County su-ongly urge ~t~ County Board of Supowisors ~o
reconsid~ ~heir action on the mccoy pa.s.sed Anfi-Smokin~ Ordinance. The ordinance poses s~rious resu'icfion
~o all businesses ~ sm-ye ~he public. - .:
The ordinance is viewed by the undersigned as unfair, biased, and as an infi-ingement on the civil
liberties of the gene~ public. The undrrsigned are disappointed that the general public was not polled l~rior to
passing an ~ce that has such impact on businesses and individual choice.
Reco~o~i~iug that the Board of Supervisors ar~ Concerned with the health of the citizens of this
cor-munity, we believe exis~g laws l~rior to ~he passing of this ordin~ce were adequate and provided a
PRINTED NAME
SIGNATURE ADDRESS
A PETITION TO THE MENI)OCENO COLLNTY BOARD OF SUPERVISORS
Thc unde~igned ar~ adamantty oPPosed to a County-"Smoking Ban**
The undersized citizens of Mcndocino County su'on~ly ur~c the County Board. of Su~ to
reconsi~ their action on ~e recendy passed Anti-Smoking Ordinance. The ordinance poses serious restriction
to all businesses that serve the public.
The on:l/nance is viewed by the undcr~gncd as unfair, biased, and as an infringement on the civil
liberties of thc general public. The undexxigncd arc disappointed that thc general public was not polled prior to
passing an ordinance that has such impact on buain~ and individual choice.
Recognizing. chat thc Board of Supervisors arc concerned with thc health of thc ci~zens of this .,
Community, we believe existing laws prior to the pa.~ing of this ~ce were adequate and provided a
freedom of choice m all citizens.
PRINTED NAME
SIGNATURE
ADDRESS
~3
t
,d
77?
/ / %.
A PETITION TO THE MENDOCLNO COC~'TY BOARD OF SUPERVISORS
The undersigned m a~,,r,~,ntly opposed to a County 'Smoking Ban'
The undersigned citizens of Mendocino County strongly urge the County Board of Supervisors to
reconsider their action on the recently paz.sed Anti-Smoking Ordinance. The ordinance poses serious restriction
ua all businesses that serve the public.
The ordinance is viewed by the undersigned as unfair, biased, and as an Lufring~nt on the civil
liberties of the general public. The undeaxigned are disappointed that the general public was not polled prior to
passing_an ~ce that has such impact on businesses and individual choice. ·
g. ecogmzmg that the Board of Supervisors ar~ concerned with the health of the citizens of flxis
cornmumty, we believe exis~g laws prior to the passing of this ordinance wen: adequate and provided a
~m of choice to all citizens.
PRINTED NAME
·
SIGNATURE
ADDRESS
The undersigned arc ~nantly c .Fpo~d to ~ Counq' "Smoking Ban"
The undemigned ci~.zens of Mendocino Coun~'strongly. urge the County Board of Superviso~ ~o
recon~der their action on the recently passed And-Smoking Ordinance. The ordinance poses serious restriction
m all businesses that serve the public.
The ordinance i~ viewed by the undersigned as unfair, biased, and as an infringement on the civil
liberties of the general public. The ~md:rsigned ~-~ d~in~d ~ the gene~ public was not polled prior to
passing an ordinance thaz has such ~ on bu.xinesse~ and individual choice. .
Recognizing tha: the Boa~i of Supervisom are co~ with the health of the citizens of this
communitT, we believe exis~g laws prior ~ the passing of r~is ordinance were adequate and provided a
freedom of choice t~ all citizens.
PRINTED NAME.
$IGNATIJRE
ADDRESS
A PETITION TO THE MENDOCINO COL~TY BOARD OF SUPERVISORS
Th~~~'gned are adamantly opposed to a County "Smoking Ban"
The undersigned citizens of Mendocino County strongly urge the County Board of Supervisors to
reconsider their action on the r~cently passed Anti-Smoking Ordinance. The ordinance poses serious reswiction
to all businesses that serve the public.
The ordinance is viewed by the undersigned as unfair, biased, and as an infringement on the civil
liberties of the general public. The undersigned ar~ disappointed that the general public was not polled prior to
passing an ordinance that has such impact on businesses and individual choice.
Recognizing that the Board of Supervisors ar~ concerned with the health of the citizens of this
community, we believe existing laws prior to the pa.~ing of this ordinance were adequate and provided a
freedom of choice to ail citizens.
PRINTED NAME
SIGNATURE
ADDRESS
/
a !
A PETITION TO THE MENDOCINO COUNTY BOARD OF SUPERVISORS
The undersigned are adamantly opposed to a County "Smoking Ban"
The undersigned citizens of Mendocino County strongly urge the County Board of Supervisors to
reconsider their action on the recently passed Anti-Smoking Ordinance. The ordinance poses serious restriction
m all businesses that serve thc public.
The ordinance is viewed by the undersigned as unfair, biased, and as an infringement on the civil
liberties of the general public. The undersigned are disappointed that the general public was not polled prior to
passing an ordinance that has such impact on businesses and individual choice.
Recognizing that the Board of Supervisors are concerned with the health of the citizens of this
community, we believe existing laws prior to the passing of this ordinance were adequate and provided a
freedom of choice to all citizens.
PRINTED NAME
SIGNATURE I ADDRESS
A PETITION TO THE MENDOCEN'O COL~TY BOARD OF SUPERVISORS
The undersigned a~ ~,~.m.ntly opposed to a County "Smoking Ban"
The unde~gned citizens of Mendocino County strongly urge the County Board of Suers to
reconsi~ ~he~r ac~on on the recently passed Anti-Smoking Ordinance. The ordinance poses serious resu'iccion
to all busincsscs chat s~rve the public.
The ordinance is viewed by the under~~ as unfair, biased, and as an infringement on the civil
h'bertics of the general public. The undersigned arc ~pointed that the general public was not polled prior to
passing an ordinanc~ that has such impact on busincsscs and individual choice.
Rcco~g d~at the Board of Supervisors arc concerned with ~hc health of thc citizens of u'tis
commit% we believe exisdn§ laws prior ro the passing of this ~c¢ were adequate and provided a
ficeedom of choic~ t~ all citizens.
PRINTED NAME
ADDRESS
//,-/
The und. er~i~ed are ada~fly oppo~ to a County "Smoking Ban"
Thc undersigned cidzens of Mendocino County strongly urge the County Board of Supervisors ~o
reconsider their action on the r~cently passed And-Smoking Ordinance. The ordinance poses serious restriction
to all businesses that serve the public.
The ordinance is viewed by the undersigned as unfair, biased, and as an infa'ingement on the civil
liberties of the general public. The undersigned are disappointed that the general public was not polled prior to
passing _an ordinance that has such impact on businesses and individual choice.
Recognizing thai the Board of Supervisors arc concerned with the health of the citizens of this
cornmumty, we believe existing laws prior to the passing of this ordinance wer~ adequate and provided a
freedom of choice ~o all citizens.
PRINTED NAME
SIGNATURE
ADDRESS
A PETITION TO THE MENDOC~O COUNTY BOARD OF SE PER~v
The undersigned am adamantly opposed ~o s County "Smoking Ban"
The undersigned citizens of Mendocino County strongly urge the County Board of Supervisors to
r~:onsid~ their action on the r~ct~tly passed And-Smoking Ordinance,. The ordinance poses serious restriction
m all busines~ that .s~'ve ~I~ public.
The ordinance i~ viewed by the trades.ed ~s unfair, biased, and a~ an infringement on the civil
liberties of the general public. The undersigned ar~ disappointed that the general public was not polled prior to
~g an ordinance that has such impact on businesses and individual choice.
Recognizing that the Board of Supervisor~ ar~ concerned wi~ the health of the citizens of this
community, we believe exist§ laws prior to the passing of this ordinance were adequate and pwvided a
_freedom of choice to all citizens.
PRINTED NAME
SIGNATURE
C~
)1
A PETITION TO THE MENDOC[NO COL~' ..~f .,- OA. ..... ) .>~,,.: ...,.x ~ .~>/,:.x,>
The undersigned are adamantly opposed to a County "Smok/ng Ban"
The undu~igned citizens of Mcndocino County srrongty urge the Coun~ Board of Superviso~ to
reconsider their action on the recently passed Anti-Smoking Ordinance. The ordinance poses serious restriction
m all businesses that serve the public.
The o~itnance is viewed by the umdetsigned as tmfa~, biased, ~d as a~ infi-ingerne~t on the civil
liberties of the general public. The tmde~ig~ed are disappoimed chaz the general public was ~ot polled prior to
passing an ordinance that has such impact on businesses and individual choice.
Rccog;~i~ing that thc Board of Supervisors arc concerned with thc health of thc citizens of this
community, we believe cxis~g laws prior to thc passing of this ordinance were adequate and provided a
freedom of choice m all citizens. __.
PRINTED NAME
SIGNATURE
ADDRESS
V
4
J
ECONOMIC IMPACT OF
SMOKING BANS
IN CALIFORNIA
FEBRUARY 22, 1993
C~,IFOI~IA CITIES ,THAT H~VE REPEk~ED ~ SMOKING BANS
The following cities enacted 100% smoking bans in restaurants
and/or bars and subsequently repealed them.
CITY
1. Beverly Hills
2. Bellflower
3. Nevada County
4. Grass Valley*
5. Auburn**
6. Oroville***
7. Madera County****
DATE ENACTED
1987
DATE REPEALED
1987
1991 1992
1991 1992
1991 1992
1991 1992
1991 1992
1993 1993
The following cities recently voted on proposed 100% smoking bans
and defeated them.
CITY DATE DEFEATED
1. Chino Hills 10/92
2. Del Mar 9/92
3. Long Beach 4/91
4. Los Angeles 3/92
5. Marysville 3/93
6. Oceanside 3/93
7. San Diego 10/92
8. San Francisco 6/92
9. Santa Barbara 2/93
10. Cotati 4/93
,
**
***
Suspended for 90 days
Passed hardship exemption for restaurants
Repealed by voters
Included a self-exemption policy for restaurants
Source: Survey of California City Clerks; through 4/93.
ECONOMIC IMPACTS OF SMOKING BA. NS
[~Sthin the l,:zst two years, loccd srnok2'ng bouts have been passed in sea, era! cities and counties.
The negaxive economic impact on local bu.~ines~es in these citiez has been pronounced.
BEVERLY HILLS
In the four months the Beverly Hills ban was in effect, two restaurants, (La Famiglia and
The Bistro) were forced to cut back hours and layoff staff. Because of the average
business loss of 25°'/0 of revenues on local retailers and restaurants, Beverly Hills
repealed the ordinance.
SAN LUIS OBISPO
Since the San Luis Obispo smoking ban has been in effect, Pete Colombo of Laurel
Lanes bowling center has lost 685 bowlers and nearly half of his income from the
cocktail lounge. That adds up to a loss of over $200,000. "For a small business that only
does a gross figure of $700,000 per year," Colombo says, "that's devastating." Several
bars in San Luis Obispo have been cited repeatedly since the ban went into effect.
LODI
Last New Year's Eve, Croce's restaurant in Lodi served 60-80 fewer dinners than usual.
This amounted to a loss of $2,000 for that evening alone. Chris and Diana Manos say
that this is just one example of the loss of business Croce's has suffered since Lodi's ·
smoking ban has been in effect. Smokers apparently prefer to go out of town to eat
rather than put out their cigarettes. "All the other towns are profiting from our
misfortune," writes Ma. nos, "and they love it!"
According to George Galatsos, owner of George's Family restaurant in Lodi, his
business is down by over 40% since the ban was imposed. "My Lodi restaurant is nov,'
running at a substantial loss. Last year we were over $100,000 in the red. We had to lay
off 10 employees bemuse of these losses.
One restaurant, the Red Flame has closed due to losses suffered since the ordinance
passed. The bowling alley in town has also suffered losses. Many of the league bowlers
have quit bowling in Lodi and have begun their leagues in a bowling alley in Stockton.
BELLFIX)WER
A 100 percent smoking ban in Bellflower, enacted in March, 199l, ca~ed a decline in
restaurant traffic by over 30%, according to an economic study undertaken two months
after the ordinance went into effect. Two restaurants were forced to close due to lost
business.
On May 12, 1992, the Bellflower City Council voted to repeal the city's year old
smoking ban, in response to pleas from local business owners.
Nevada County
Less than a week after it went into effect, the Nevada County Board of Supervisors
rescinded their 100% smoking ban. The board had been under extreme pressure from
county restaurants to repeal the ban and provide a positive business environment in the
county.
Charisse and Steve Lolli, owners of the Apple Alley Cafe in Cedar Ridge, California,
joined with ten other restaurants to urge the supervisors to rescind the 100% smoking
ban. "We were worried that a total smoking ban would hurt business by chasing
customers to other local areas that do allow smoking in restaurants."
Grass Valley
Grass Valley, one of the first California cities to pass a 100% smoking ban, is in the
process of drafting a hardship amendment to its ordinance because restaurant sales and
general business have suffered due to the ban. In the meantime the city council has
repealed the ban for 90 days while they look into the hardship clause.
Solana Beach
In Solana Beach, the council's decision to impose a 100% smoking ban last August
resulted in two councilmembers losing their seats in the November election due to
widespread frustration with the smoking ban. The new councilmembers made it a
priority during the election that, if elected, they would look into repealing or adjusting
the ordinance to make it more tolerable to local restaurants. The new council has
recently decided to amend the ordinance to enact a hardship exemption allowing
restaurants severely effected by the ban to remain 80% non smoking and 20% smoking.
SAN DIEGO
ASSOCIATION
To: San Diego Tavern & Restaurant Assoc. Members
From: Harry E. Florentine
On January 21, 1993, I had the opportunity, along with some of the
downtown restaurant owners, to hear three distinguished speakers
discuss the issue of secondary smoke and the recent findings by the
EPA.
Dr. Gio Gori, Director, Health Policy Center, a noted scientist
with hundreds of published articles. From 1968 to 1980, he was
with the National Cancer Institute.
Mr. David H. Remes, a lawyer with internationally respected
Covington and Burling in Washington, D.C., who specializes in
constitutional law and legislative issues.
Mr. Simon Turner, a technical consultant for Healthy Buildings
Internat'~cna!, Inc. (HBI) cf Fairfax, Virginia. Healthy Buildings
International, is a company devoted exclusively to the identifica-
tion and control of internal pollution problems in public and
commercial buildings.
Dr. Gori and David Remes pointed out the many flaws of the recent
EPA study including the fact that this is the first major risk
assessment study conducted by EPA since the agency issued guide-
lines earlier this year and already the EPA is ignoring its own
guidelines. The EPA study was based on spousal exposure to second
hand smoke - not exposure to secondary smoke in the work place or
in restaurants,_bars or other public settinqs.
Mr. Remes and Dr. Gori pointed out that the mere designation that
a substance is capable of being dangerous to one's health does not
merit it being banned. According to them, there-are over 300
substances that have been identified as capable, yet are not
banned. EPA is 1.ooking into the side effects of taking showers.
There apparently Ks a small amount of gas released from compounds
in shower water. According to other studies there is more risk in
non-smokers keeping pet birds, eating pork chops and pork sausage,
drinking whole milk and cooking hamburgers and preparing Bar B-Q
than being exposed to secondary smoke. If we ban smoking...are all
these things that are a part of our every day life next?
DISCL.~
f""' '""~ 47 Years of Serv,'ce to 7'he Hospitality Industry ILl A
~.,.? Spreckles Building 121 Broadway S~te 308 San Diego. CA 92101 ~
,,...--- o.~.... 619-233-6351
- 2 -
Mr. Remes stated that the non-smoking advocates are now trying to
use scare tactics on restaurants and businesses saying there will
be thousands of law suits. Remes stated there is no evidence to
substantiate their outlandish allegations.
Mr. Simon Turner talked about many things that are of far greater
risk than tobacco smoke in creating what is known as a "sick
building." He discussed solutions that can accommodate smokers and
non-smokers. The key seems to be good ventilation and pro-active
monitoring.
It was very helpful to me in hearing from theses experts as I've
tried to understand all the arguments and sort out the scare
tactics that are being used by the proponents of the smoking ban.
I wish that more restaurant and tavern owners could have been in
attendance at the meeting. Possibly before this issue comes back
to the City Council we will have the opportunity to have these
gentlemen back in town. It would be most beneficial if the City of
San Diego's Smoking Task Force would allow these experts to testify
before they recommend unnecessary regulations that can further
impact our hospitality industry.
cc: Mayor Golding and City Council
:.? '(ears o[ Se['.' icc
LO Ehe
HOSP [TAL[TY [NDUSTR'~
NLBA
PHONE
233-6,351
Off,ces. Exchange
SUITE 308 SPRECKELS BUILDING
121 BROADWAY
SAN DIEGO. CALIFORNIA 92101
October 23, 1992
PRESS RELEASE
BUSINESS MANAGER ANO
AOMINISTIq'¢ lqvE REPRESENTATIVE
H FLORENTINE
OFI:~C E MANAGER
DISC, L:?,;
Hember
Fhc ..~'atto~l O~ontzat~ott , ,t
the D~snlled Splnt~ lnduitr~
PRICE WATER. HOUSE STUDY SHOWS
BUSINESSES WOULD BE HURT BY A SMOKING BAN
A study by the internationally renowned accounting firm Price
Waterhouse shows that the proposed smoking ban would cost San Diego
more than 6,000 Jobs, close more then 400 businesses and cost the city
millions in tax revenues if smoking is banned (page III-3 of the study).
Jay Tansing -- (202) 828-9066 days, (301) 469-6095 evenings -- o£ Price
Waterhouse conducted the study on behalf of the San Diego Restaurant &
Tavern Association (233-6351), which has provided 47 years of service
to San Diego's taverns and restaurants.
The projected loss of jobs, businesses and tax revenues could be much
higher if area businesses lose more the 17 percent of their business,
the study showed. If the actual losses are 30 percent, the city would
ey'~erience a loss of more than 11,000 Jobs, 776 businesses (exhibit
Iii-l) and a decline of millions in tourists to the city.
- END -
POTENTIAL ECONOMIC EFFECTS
OF A SMOKING BAN IN
THE CITY OF SAN DIEGO
October 1992
Sponsored by:
San Diego Tavern and Restaurant Association
Price Waterhouse
Cit,,' of San l)ie_2~
EXECUTIVE SUMMARY
The objectives of this study are to examine the effects of a decline in business volume
in the city of San Diego associated with the adoption of a proposed smoking ban Our
analysis includes the potential impact of a smoking ban on the following segments of San
Diego's economy:
Eating and Drinking Places
Conventions and Tourism
Our results are intended to quantify the potential losses to bustnesses in the c~tv of
San Diego at various levels of sales declines. Price Waterhouse has not attempted to
determine which level of sales decline is most likely to occur if the proposed smoking ban is
adopted. For comparative purposes, we present results of a survey of eating and drinking
establishment owners and managers in San Diego.
A. Eating and Drinking Places
We estimate that in 1991 approximately $1.1 billion in sales were generated from
2,587 eating and drinking outlets. These eating and drinking places averaged approximately
14 employees per outlet for a total of 36,916 employees. A smoking ban in the city of San
Diego could reduce the business volume in these establishments that, in turn,-could cause
job losses, business failures, and reduced tax revenues.
From the results of our survey of eating and drinking establishment owners and
managers, we estimate that at least 48 percent of establishments expect that a smoking ban
would cause a decrease in sales. Approximately 40 percent of respondents did not expect
any change in sales. Only 3 of the 116 respondents thought that a smoking ban might
increase sales in their establishtnents. The unweighted average expected change in sales of
Price Waterhouse
Cit,,' of San Dieo_o
all respondents was 16.7 percent. Given that expected declines were not weighted by s~ze of
establishments, overall expected decline in sales may be different. Of those who would
expect a sales decline if a smoking ban were adopted, the average expected decrease ~n sales
was 37.2 percent.
In Exhibit ES-I, we present our estimates of the potential impacts of the proposed
smoking ban on eating and drinking places in the city of San Diego. The exhibit illustrates
that significant losses in jobs, businesses, and tax revenues could result from a decrease in
spending at eating and drinking places. For example, a 30 percent decrease in expenditures
at eating and drinking places, representing approximately $328 million in lost sales, could
result in 11,075 full-time equivalent job losses, 776 business failures, and $3.3 million lost
sales tax revenues in the city of San Diego.
B.' Conventions and Tourism
According to the San Diego Convention and Visitors Bureau, approximately 792,382
delegates attended conventions in San Diego in 1991 and spent a total of $478.6 million. The
San Diego Convention and Visitors Bureau estimates that approximately 12.'7 million day
visitors traveled to the San Diego area in 1991 and each spent, on average, approximately
$25 per day. Based on these estimates, total expenditures by convention delegates and day
visitors provided San Diego with approximately $850.1 million in consumer expenditures.
Given the magnitude of convention delegate and day visitor spending, even a
relatively small percentage decrease in expenditures could cause a significant reduction in
economic activity in San Diego. We estimate that San Diego businesses would lose
approximately $4.8 million in sales volume for each one percent reduction in convention
delegate expenditures. Similarly, we estimate that each one percent reduction in day visitor
expenditures would result in a loss of approximately $3.2 million in sales revenues in
San Diego.
Price Waterhouse
~ 0
0
RESOLUTIONS
NATIONAL BAR ASSOCIATION
67TH AN1NUAL MEETING
ADAMS MARK HOTEL
ST. LOUIS, MISSOURI
JULY 26 - AUGUST 1, 1992
Submitted by
Resolutions Committee
Robert L. Harris, Co-Chair
James O. Cole, Co-Chair
SMOKING RESTRICTIONS
WHEREAS, -he i~a~ [onal Bar Assoc'atlon opposes government
regulatlcn tha~ nas a d~spropor~lonally negative Impact on small
and minority o'~ned kuslnesses- and
WHEREAS, 'here 's a growing body of data inGlcatlng that
ordinances whIch ban smoking in establishments such as restaurants,
hotels and retail stores cause financial hardship -o those
businesses; and
WHEREAS, small businesses, of the type most frecuently owned
by minorities, often operate on small margins and are likely to be
disproportionately affected by the financial lows caused by such
ordinances,
BE IT THEREFORE RESOLVED, The National Bar Association
supports the right of business owners to determine smoking policy
on their own premises and opposes legislative efforts to pre-empt
that right through smoking bans.
CA L
R E S TAU R A N T
A S S O CIA TI 0 N
THE ECONOMIC EFFECT OF SMOKING BANS IN RESTAURANTS
Economic data from the cities of Beverly Hills and Bellflower reveals that smoking bans
tend to encourage diners to shift from full-service, licensed restaurants to quick-
service establishments. Over time, this shift harms both the city's revenue stream (as
average dollars spent per visit decline) and wage base (as jobs in full-service
restaurants, which pay from $10 to $15 per hour, are replaced with quick-service jobs,
paying from $4.25 to $5.50 per hour).
The Beverly Hills experience
Early in 1987, the city of Beverly Hills banned smoking in the dining areas of
restaurants; hotel dining rooms and separate cocktail lounges were exempted. Although it
is difficult to determine the economic effects of the ban for two reasons (it was quickly
repealed and separate sales data is not complied by the State Board of Equalization for
hotel dining or for cocktail lounges), the data does show several negative repercussions.
First, the number of restaurants in the city declined in 1987. Further, although
inflation kept sales tax dollars steady, constant (1986) dollars spent in eating
establishments actually declined. Also, a major change in eating patterns developed
during this period, as customers shifted away from full-service restaurants selling
alcohol and toward quick-service/fast food establishments. This shift negatively affects
the jobs of servers: Servers in full-service restaurants make between $10 and $15 per
hour (minimum wage plus tips), while workers in quick-service establishments make between
$4.25 and $5.50 per hour. Such a shift would eventually reduce the city's revenue stream
as average dollars spent per restaurant visit decline.
The Bellflower experience
Late in 1990, Bellflower enacted an ordinance banning smoking in all dining areas of
restaurants.
Again, it is difficult to determine the economic effects of the ban because only six
months of sales tax figures are available. However, the Bellflower ban shows the same
dining shift as in Beverly Hills - away from licensed restaurants and to restaurants
that do not serve alcohol, to the detriment of the city's wage base. Further, the data
shows not only a reduction in the number of restaurants in Bellflower, but a decrease in
sales per restaurant as measured in constant (1986) dollars.
,o
, \
L-O66L
- ~-L96L
I,-0661,
- t-6G6t
t-GG6t
uJ
Mr. Ross Andemon
P.O. Box 802
Lucerne Valley, CA 92356
March 9, 1992
Council President John Ferraro
and Counalmembers
Los Angeles City Cotmc/1
200 North Spring St. #M 30
Los Angeles, C~llfom/a 90012
Dear Cotm,-/lman Ferraro and I_A. City Comaaqmembers -
I am Ro~ Anderson. I owned C~ty Jone~ r~-nm,~mm in the c/~es o£ Bellflower and in
neighboring Norwalk from the early 1960's throu~ mid 1990. In the Summer of 1990, I re~ired
and contracted to sell both of these res~a~ Al the ~ my restam'anm were sold, each
was grossing between 860,000 and $72,0(~ per month. Each res~miram confimled to do well
throu~ the end of 1990, and into the early pan of 1.991.
In the early pan of 1991, however, the City of Bellflower banned srnoldn_~ in all re.~am'ams
within the dty. Since ,hnt rime, the Curly Sones Restam'ant in Bellfl~wer has snFered
significant losse~. Their gross income has been cut in hnlF, and they have been operating in
the red since the Spring of 1991. If things do not change for them soon, the Curly Jones
restammai: in Bellflower may. soon be forced to do~e - as ~everal other restaurants in tha~ dry
have done since last Spring.
The story is quite differem at the Otrly Jones in nearby Norwalk however. Bn~_i~ess there did
well th~ug~h 1991, and has ~y increased somewhat since the ban was imposed in
Bellflower. This is in spke of Calif~'s current recession.
The fact thai: twO r~lS, with identical dedg=, menu& prices and the same sharp
mnnagemeni: could have such dispa~te cash flow situatiom is tough to explai~
The two rextaumnts are Iocatedwi, hln a 10 m{nute drive of each other, and the neighborhoods
they are located ir, are sim,'lar in almost every respect - except one:
The reata,?ant ha Bellflower is subiect to a smokine ban The re.start in No--is not. Its
just that ~mple. - -
Patrom who used to frequent the resmuram in Bellflower on a daily basis are driving the e.~'a
ten mim~tes to the CXtrly Iones ~ Norwalk, where they now stand ~n long ].~2es mad wait to be
seated - skaply to avoid the b~n~ T~e s~ory h the _~me for ~lmost every resmurmat in the ciG.
The proponents of the Bellflower ~rnoldng baa ma,/Imve had the best imentions in the world,
but they are pu~ng ma~y ~ their local re~tauram owners and employees out of work.
For the sake of all restaurams owners mad employees i~ your city, I urge you to oppose any.
sort of ordinance that would baa smoldng
Ro~ Anderson
/
Former Owner
Ct~ly Jones Remmuranu
March 23, 1992
FOR I~{MEDIATE RELEASE
Contact: Joan L~ther
(310) 273-4936
ECONOMISTS: RESTAURANT STUDY SERIOUSLY FLAWED
Smoking Bans Do Hurt Restaurant Business
LOS ANGELES -- A study suggesting local smoking bans have no
effect on restaurant business was blasted on Monday by three
economists who said the results were invalid because the authors
had transposed numbers.
Attacking the recent study by anti-smoking activist Stanton
Glantz were Louis Masotti, a professor of Management and Economic
Development at Northwestern University; Peter Creticos, a public
policy specialist in Chicago; and Dwight R. Lee, a professor of
private enterprise at the University of Georgia. They were
joined by restaurant owners in the Los Angeles area who oppose a
100% restaurant smoking ban that will be considered Tuesday by
the Los Angeles City Council.
Masotti said that Glantz, founder of Californians (now
Americans) for Non-Smokers Rights, had transposed numbers in his
study on the effect of smoking bans on cities. Specifically,
Glantz changed numbers in his analysis of San Luis Obispo which
inaccurately showed that restaurants in the city had sales of
$15,033,000 after the smoking ban went into effect._ The number
was actually $10,533,000, a difference of $5 million.
"By transposing key numbers, he (Glantz) over-estimated by
50% what the revenues were in'San Luis Obispo," Masotti said.
"With that kind of error, I seriously question the validity of
his conclusions."
Based on the real numbers, San Luis Obispo restaurants lost
26.5% of their business in the second quarter after the smoking
ban went into effect, Masotti said.
- more -
Mailing Addre.,.,: P.O. Box 15157. Beverix Hill.,. California 90209-1157 I ~10~ 273-4936 FAX: !310) 273-4053
':~". ': ~. \l.,., :,r, . -.....~. :!" f%,',~-rl-. ~,.:' -, . ~.'',,..'
Page 2
Masocti, who with Creticos conducted their own analysis of
the effec% of the smoking ban on San Luis Obispo, said
restaurants in unincorporated San Luis Obispo county, which were
unaffected by the city's ban, actually saw a sales ~ncrease of 2%
during the same period.
Masotti said that based on his analysis of San Luis Obispo,
Los Angeles restaurants would be severely affected by a 100%
restaurant smoking ban because of the large amount of competition
outside the city.
"As an economist, I would say that a recession,4is no time to
experiment with this type of legislation that has been proven to
drive business away," Masotti said.
Restaurant owners around Los Angeles fear that the proposed
100% restaurant smoking ban will chase customers to nearby ci%ies
and hurt business that is already struggling because of the
recession.
The ban will hurt minority businesses especially hard,
according to economics professor Lee.
'Sixty-five percent of restaurant employees in Los Angeles
are minorities," Lee said. "The L.A. smoking ban will eliminate
many of their jobs."
"The smoking ban will be catastrophic for the minority
community," said Frank Holoman, who owns the Boulevard Cafe in
Los Angeles. "We have so many problems now that if the city puts
one more restriction on us, you will see a lot of minorities out
of business."
Joining Hoioman at the news conference were Jimmy's owner
Jimmy Murphy, Joe Patti of La Famiglia Restaurant in Beverly
Hills, Mauro Pazienti of Farfalla Trattoria in Los Angeles, Fred
Escobar of Casa Escobar in Los Angeles, and Oscar J. Coffey Jr.
of the National Black Chamber of Commerce.
Murphy, whose restaurant is on the border of Beverly Hills,
said his customers will simply walk a block to restaurants that
allow smoking if the smoking ban is passed in Los Angeles.
To that, Holoman of the Boulevard Cafe said- "If it's going
to affect Jimmy's, you can imagine what it will do to me as a
black restaurant owner."
- 30 -
NOTE: Additional i'nformation attached...
Glantz Smokinq Ban Study Seriously Flawed
In March of 1992, a study which reportedly "proved" that
localized smoking bans have no negative impact on restaurants was
distributed to the media. The study (conducted by Stanton Glantz
and Lisa Smith) has attracted a great deal of attention since its
release, and has been used by some local elected officials as a
justification for enacting smoking bans. It makes extensive use
of seemingly complex and detailed statistical analysis, and would
appear to be quite conclusive.
However, the study has been examined by professional economists
and statisticians who have identified a number of serious
problems with its design including :
* No attempt to account or control for inflation (either CPI or
industry-specific) during the five year time period of the study.
This alone would tend to mask any moderate declines in taxable
receipts, and more than eliminates the slight "2 % increase"
claimed by the researchers.
* Excessively short time series used for analysis. Most of the
bans examined in the study were in effect for four months or less
at the time the study was conducted. Beverly Hills' ban was
enacted and repealed in roughly four months. For example,
Bellflower enacted its ban during the second quarter of 1991.
The Glantz study draws its conclusion on a single quarter's worth
of data. In order to draw any reasonable conclusions about the
economic imDacts of a law one ..would need AT LEAST one full years'
worth of data.
--- Note : Linda Horton, owner of the Brunch House Restaurant
in Paradise, has obtained complete sales tax data for 1990 - 1991
from the Board of Equalization. According to these numbers,
total restaurant sales in Bellflower for 1991 were down
significantly - roughly $2.4 million. Sales in the neighboring
City of Compton (which has roughly the same population,
demographics and economic base) INCREASED by $2.1 million during
the same period.
Restaurant sales in Paradise dropped significantly between 1990 and
1991, following imposition of a smoking ban, while they increased
significantly in BOTH Chico and Oroville. Ms. Horton is awaiting
release of data for the first half of 1992.
* Analysis relies upon an extremely simplistic linear
regression model, loaded with "dummy variables." This model is
not adequate to the task of drawing hard economic conclusions, or
to making valid predictions of impacts on other communities.
PAGE 2
* Entire analysis based upon reported sales tax data. This
data, while significant, is not by iteslf "sensitive" enough to
account for all factors which impact restaurant sales in a given
community. For example, the aggregate data can easily obscure
"shifts" from full service restaurants to fast food
establishments within a given city, and "leakage" from one city
to another.
-- For example, according to Glantz's own data set,
restaurants in San Luis Obispo which had beer and wine,
and full service liquor licenses saw a drop in sales from
the first quarter 1990 to first quarter 1991 following
imposition of the ban. However, during the same period,
sales at restaurants without alchohol licenses (primarily
fast food establishments) nearly doubled and remained
high during the second quarter of 1991 as well. This is
clear indication of a "shift,, from full service
restaurants (where smoking was banned) to establishments
which do a large take-out / drive through business.
This shift is obscured in Dr. Glantz's analysis.
* Failure to account for differences in existing smoking
ordinances. Some ordinances banned smoking in restaurants and
bars. Others permit smoking in bars and bar areas of restaurants
- provided that they are fully enclosed. Some permit smoking in
bars and bar areas of restaurants with few restrictions. These
factors influence how much "shift" or "leakage" takes place
within a market.
* Inappropriate cross-comparison of cities without regard
to demographic similarity, access to transportation corridors or
any number of other factors which tend to impact commercial
activity. None of these factors are mentioned in the study.
In short, given the weaknesses in design and data used in this
study, it is simply not sufficient to draw a definitive
conclusion on the smoking ban issue either way.
A side note : The analysts who compiled this study-were Stanton
Glantz (who is a Mechanical Engineer) and Lisa Smith. Neither of
these individuals is an economist, and neither has a background
in the restaurant industry.
(T~ole tr~n~ctlon$ in t,~Ou~lr~s of
~rel ~andl~ ~ ..., 10,792 g3,J18 ¢ 7.~ ~,173 ~,4~ [~7,831
9,037
r~o stores ................... S.~ ~. LZ7 6.~2 3,671 4.624 10.937 57,~2
Pac~age~ 1 iquor sto~s ........ t ~,037 t I SSg 1 ,~3
Z,CS7
~tin~ and ~l~lng places .... 4.~3 (].0Il 6.579 ],i3Z 8.65~ 11,~78 79.987
~ furnish, and applie~es .m 1,~ ~.~ l~ l,~ l,Z16 3,~ ~,552 iI,~
&Idg. ~trl. and fa~ l~l~s. ~.0~ ~,313 S,~Z ~ l,O~ 12,057 ~.~
~.0~
~to ~41ers and auto supplies 7,310 67.~ Z,157 t 6,~2 61,131 ~'~ ~,702
~lce s~t tons ............. m 3,0~ 31,~2 l,g~ Z,6~ 4.~7 g,~g ~.4~
~her ~11 ~o~s .......... ~ 3,316l ~,(~ 1S.6791 9.1~ 14.S91 11.813 I16,~ ~.~
All ~er ~Ii~ .............. 5,~ 10l.~l I,~7 6.~ I.l~ ~'~ ~'~
fouls All ~tlets ......... 47,~S ~.~ II,MI M,~I 75.~ 174,~X ~'~ ~,~9
i
~1 ms ............... ~,~ 1.~7 1.216 1,~ 114,~ 3,~ 2.~ I~,7~-
~g ~s .................. s,g~ ],OZl 3,717 I,~1 ~.317 l. ~ t ~,171
F~ ~s .................. 24,~ 4.~g 2,~ S,~ ~4,8~ 3,~ Z,~g
P~ !1~ ~s ....... 2,~ ~ ZaS Z.~ ~.012 I 47S ~7.Z~8
~ f~l~. I~ ~114~s . ~.~ ~ 6,0ZS ~,~7 ~,~7 7,0Z6 Z,~ 74,717
Bldg. m~l. i~ fi~ lilts. ~.41Z ).~ 18.614 Z.lIZ l~.l~ I,~ 11,419 ~,~
~1~ ~clou ............. ~,olg 7.~7 3.475 7.~1 ~1,1~ Z. 701 3. ~ ~,~
~11 S~ To~ls ....... ~,~7 - Z~,~2 ~,~ ~,Z~ ~,7~.~ ~,g~ 57,~ ~,~.~
All ~ ~le~ .............. M,~ 9, i11 ~,~ 14,6~ ~,~ 14,316 17,5~ ~,I~
To~ls All ~lits ......... G,i~ l12.g10 7S,~l ~.~O 2,~,G ~,~ 71,i~ Z,317,~I
~ ~ ~ LUll
T~ of ~l~s ~ ~I~ ~ ~ ~I~ ~ ~ ~I~ ~ ~ ~ ~0
~1 ~I ................ 7~ U.741 l,~l 14,~ ~ I,~7 27,0~ gZ4
~1 ~1~ ~s .... I z4g,~ ~,~1 ~,~
t 74,S1S ~.~
hg ms ................... ~ ~,G l.~S 7,~ 2,{~ 2,~ I.~2 2,6~
K~ ~s .................. ~. 74g ~'~ Z,~] {O.~ 6,497 S.~ ii,O~ 6, ~47
P~ 11~ ms ....... 471 ~.TIS ~ ~SlO ~ ~Z 3,~1
~ti~ ~ ~t~t~ p~ .., 8,470 ~,l~ 4.~ X7,~9 8,~3 ~.~l 4,526
IIQ. m~l. a f~ ~s. i,~ ~,24g 4,7~ ~,514 6.l~ 14,316 6,~ 7,~
~ ~u ............. 5,7~ l~,~ S.IU IZ,~ 10,~ 4,~ ~.6~ 3,010
~ ~11 ~I .......... 14,~1 ~,~ 7,~ ~,MI lg,S~ ~,~ ~,~ 2,~
AIl ~er ~l~ts .............. ~,~1 ~,O~ 12,4~ ~,~l ~,1~ ~,~ ~,~ ~,~
To~ls All ~letI ......... ~.~ l,llS,~ 75,016 ~,~ ~.~7 ~,4~ 317,~ ~.711
~A FE
T~ of ~imss ~ ~ ~ ~ ~A ~ ~A ~ ~A ~ ~A ~A ~A ~ ~I~
~! ~S ............... 11,~9 3,~ ~,~9 ~,OM 9,~9 7.870 Z.]5S
~1 ~~1~ ~s ... 37,161 t 6~,~5 ~,375 ~,7q ~,~ l,~ ~,472
~g ~ .................. 4,g16 I I,~ 6,OM 7,~ 7.1S2 1.~6 1.~
F~ ~I .................. g, 179 S,~ ~,470 ~,~2 12,870 Ig,~ 7,~ 4,678
P~d 11~ ~z ....... 2,468 624 S,~7 2,6~ 3,~ ~,~ 2,g74
~tl~ ~ ~1~1~ pl~s ... IS,~ lO.~ 49,692 31.0~ ~,~ ~,7~ ~.~
~ f~t~. I~ ~l~s lT,gll 1.17l ~.7M 17,~ Z6,4~ S.~ 4,523 Z,~7
II~. i~{. { fire ~l~s. ~,193 6,~ 41,~ 11,714 16,695 ll,~ g. ZM
~ ~l~s i~ e~ ~lles ~,218 ~ ~,~3 16,~ Il,K] M,I~ ~.210 ~,~
k~l~ ~tlou ............. 10,~2 5,~4 ~,g82 lS,~ 16.3~ lB,g~ 8.~ g, 7~
~ ~11 ~s .......... ~,g~ 27,~ 6Z,~ q,3Z7 S7,4S7 ~,gTZ TG.TT3 ~,GZS
~11 S~I To~ls ....... l~,lBl ' 62,210 ~2,718 ~,2~ ~8.073 ~5.817 95,763 112.974
AI1 ~ ~le~ .............. ] ~,O~ ~,~ ~6.~ ~,~97 243,116 47,124 ~.618 245,~5
T~ll All ~IEM ......... ~,2~ ~,~l Mg. TSl W,~ MI,ISg ~l.g4l llg,~l ~,6~
Scx~c~: C~l ~a~a or ~:~_~u~/~/o~
23 '
Los Angeles City Co~mcil
C/O C~:)Ll.13~lrrmn John F~rz-~
200 N. Spring Smset Room M-30
Los Amgeles, C~l(forai~ 90012
un~d that the City of Los Angel~ is considm~ng a ~mo~n~ ban ~ the one ir LzxtL
am writing to let you knowha~ is going on with the smelting ban ~e~ in thc ~.ty of I.odJ. I am
owner of two mssmm-~m m thc Lo fi ama - George' s F~rr.qy P,~,s~u~at in Lodi a~d ~e
Lockcfortl F~rmqy Restam-~a in Loc~efortl (Ioc. am~ abou~ four m~s oumd~ of LodL)
Thc smoking ban was put in plac~ here about a year ago. Sinzc th~ our restaurant, ,,~d others
here in town, have had some real problems bccuasc of th~ ban. Befor~ the ban. I had invested
mor~ ~. SgO,O00 in the construction of a separa~ smoking section in my r~t (with divider
wails and scparam venu]]mion.) At the rime, my weekday business was pretty good - aobut 400
customcr~ per day. My weekend busine~ was even b~tter- about 700 customers per day. About
60% of my customers were smokem, but I never received a complaint from the many non-smokers
who patronized my restore-ant.
Since thc l:mn~ my weekday bus/ness has been cut almost in half. Today, we arc down to about
250 customer~ per day. On the weekends, we serve about 400 cmsm:nm~ per day. My Lodi
resta,?ant is now running ar a substantial loss. Last year we were over $100,000 in the red. We
hnd to lay off 10 employees bccnasc of th__~se losses.
Some have tried to tell us that these losses arc all due tn the recession They are wrong. Yes, the
rece~sion has cut business some for ail of us in ~wn. BUT my rcsmtwanr in Lockeford has
actually had AN I:N~SE I:N BUS~S of about 20% since the baa was passed in IaxtL
Many of the folks who used to be regular ~ of m/nc in Ixxti are now driving the ex'n'a
distance to come to my place in D:r. keford. If it wasn't for the success of my Loclreford business,
I would have had to close my Lodi rcstam'a~ for good l~t year.
The truth is that folks from thc nml areas around Lodi have stopped comml, g in to Iaxti to eat,
and m~ny Lodi residents now go omsidc of thc city to eat, or ~mply don't go out to eax at ail
Long haul n'uck drivers, who treed to l:rdng a good business and tax dollars to the City of-Iaxti,
now go to Stockton, Lockeford and other areas to eat - just tn avoid the smoldng ban. Two Iaxli
restam'ants - The Flame and lanetm's - have akeady been forced out of business since the ban was
adopted.
Thc smo~ng ban was s'tm-md and cadorscd by r. hc General Manager of C..ax-mws Rcsmamnt hem in
Lodi. Acctm:ting to ~ intm'v~ws wittx thc prc~ da/s same Cw..ncral Manager now ciaims be
made a mistakc in cttdors~g thc ban. Hc says his ow~ ~t tins lost $,~,0,~ a mo~rh in
gross sales siacc ~c ham He., and ali thc ocher restore-ant employees and owncrs hem in LtMi,
w~sh they could un-do thc ban. Thax rr~y not b= posaible befor= more of u~ an: forox[ out of
business.
Dc~'t let rials happen to msmm-at~ in yom' ci~.- don't pass tt~ smolclng ban. Adopt a law
allows r~ta~t~ to cater ~o ail custom.m, and allow nm'mumat own~r~ d~id~ how much
smoici~g bey will allow in ~eir ~tab~ts.
$~y,
~'s FamUy Rgstam-a~
~ Family
PRESS RELEASE
URGENT!!!!
APPLE ALLEY CAFE
13895 Col fax Highway
Cedar Ridge, CA 95924
(916) 273-9266
(916) 273-3945
Contact: Charisse & Steve Lolli
(916) 273-9266
(916) 273-3945
NEVADA COUNTY SUPERVISORS REPEAL 100% RESTAUR/kNT SMOKING
NEVADA COUNTY -- Responding to pleas from restaurants to
promote a positive business environment in unincorporated areas
of the county, Nevada County Supervisors on Tuesday repealed the
100% restaurant smoking ban that had been in place just one week.
The supervisors voted 3-2 to require restaurants to set
aside at least 80 percent of seating as non-smo'king, and to
display signs in the front of businesses indicating whether they
allow smoking inside. Their action makes Nevada County the third
entity in California to repeal a 100% smoking ban, following
Beverly Hills in 1987 and Bellflower earlier this year.
Our restaurant, the Apple Alley Cafe in Cedar Ridge, joined
with more than 10 other restaurants to urge the supervisors to
rescind the 100% smoking ban in restaurants in the county. We
were worried that a total smoking ban would hurt business by
chasing customers to other local areas that do allow smoking in
restaurants. We applaud the supervisors for acting on behalf of
businesses in the county, and hope other counties and cities will
do the same for their businesses.
We have owned the Apple Alley Cafe for three years, and in
that time have never received complaints from customers about
allowing smoking in a portion of our restaurant.
This action by the supervisors leaves the ultimate decision
up to the customer. This is a great day for business, and for
the power of personal responsibility.
Most of our customers like having a choice. We must
accommodate all of our customers, not just one group or the
other. That's how you survive in this very competitive business
and during these tough economic times. ,
TUESDAY, MARCH 16, 19~]
4~S777 1 ti 3SCENTS
San Mateo Uproar Over Smoking Limits
City Council to vote
on complete ban in
restaurants, offices
By Carolgne Zlnko
Chrontcle Correapondent
The county's toughest anti-
smoking ordinance ever was
slated to go before the San Mateo
City Council last night, banning
smoking in all businesses and
restaurants and requiring bar
owners to reserve half their seat-
ing for nonsmokers.
The plan has brought a storm
of controversy to the city, as local
restaurateurs and cigaret vendors
vowed to boycott the business of
the councilman who proposed the
ban.
Other Peninsula cities, includ-
ing Menlo Park and Belmont, are
seeking to strengthen existing or-
dinances that segregate smokers
in restaurants and businesses. Bur-
Imgame exempts bars and hotels,
but not restaurants, from its smok-
me ban. However, none of the
plans ~s as strict as the San Mateo
proposal, which also would re-
quire hotel owners to reserve half
their rooms for nonsmokers.
The ordinance would go into
effect March 17.
The ordinance, proposed by
Councilman Jerry Hill on March 1,
was tentatively approved by all
five council members then and
scheduled for adoption last night.
Hill, owner of a local swimming
pool service, now has become the
target of a countywide boycott
promoted by business owners an-
gry about the smoking ban.
They called the ban unconstitu-
tional and warned that they will
lose business when people go to
drink and dine in other cities
where they can smoke in peace.
"BOYCOTT HILL'S POOL SER-
VICE,'' states a two-page flyer be-
ing distributed to county restau-
rants, hotels and bars.
"Since Jerry Hill sees fit to
meddle in our businesses, we urge
all those who feel he is unfairly im-
posing his personal views on the
public to let him know!"
~Y MICHAEl. AILACOR/'T'NE
Roger Goodman of San Mateo smoked at Gianotti's Bar, which would have to reserve half its seats
for nonsmokers under a proposed city ordinance
The flyer urges people to can.
cel their contracts with Hill, stat-
ing, "Let Jerry know what it feels
like not to have customers."
Loring DeMartini, owner of
Vans restaurant in Belmont, is one
person who has stopped using
Hill's pool service.
Although DeMar~ini's restau-
rant will not be directly affected
by San Mateo's smoking ban, he
has spoken against the city's pro-
posed ordinance.
"Freedom ot choice means to
me that you have a choice to
smoke or not to smoke, you can
come to the Vans or not come to
the Vans," said DeMartini, an ex.
smoker.
"Just because smoking doesn't
make me happy doesn't mean I
have the right in America to force
everyone to succumb to my desir-
es.'' he said. "Next you'll be telling
me I can't serve red meat."
Jim Ham of San Carlos, manag.
er of the Glenn Roe Vending Co. of
San Francisco, a company that
stocks cigaret machines from San
Jose to Novato, complained that
the ban is "tearing businesses
apart" during a recession.
"What they're doing is biting
the hand that feeds them," said
Ham, noting his company paid
$60,000 in sales tax on cigarets last
year.
Hill, the boycott's target, de-
nied that the ban is unconstitution-
al.
"If it's a public place, the gov.
ernment has a right to protect
workers and patrons from toxic
chemicals," he said.
"It's the same issue when a res-
taurant is inspected for cleanli-
ness, for the health code," Hill
said. "I couldn't care less whether
people smoke or drink Just don't
do it when it hurts somebody else."
Hill called the threatened boy-
cott "childish."
"If the purpose is to try and
change my feelings regarding the
health and safety of the citizens of
San Mateo, then they're very much
mistaken," Hill said.
Palo Alto has banned all smok-
ing in restaurants since last Sep-
tember. Although business ov,'ners
warned about the consequences,
~here have been few problems,
said Councilman Gary Fazzino
"My overwhelming sense is
that business in Palo Alto's restau-
rants continues to grow -- that this
law has not had any negative ~m-
pact whatsoever," he said.
San Diego
THE SAN DIEGO UNION-TRIBUNE · WEDNESDAY NOVEMBER
Cotmcil hmumbents lead
in Carlsbad, Encinitas;
Solana Beach upset loomS
By EDDY McNEIL
and DREW SILVERN
Early returns in North Coastal
City Council races showed recum-
bents running strongly in Carls-
bad and Enclnitas. but a potential
upset was brewing m Solana
[½each, where two mcumbenl~
traded the pack.
Ann Kulchm. 60. who had been
w~dely viewed as the front-run-
her in the Carlsbad City Cotmcil
race because of her election ex-
perience, h~gh name-recognition
and well-financed campaign, ap-
peared to be headed for an easy
victory.
First elected to the council in
],980, she serves as deputy may-
or and had been endorsed by the
clty's Police Officer's Associa-
tion, F,refighters' Association
and Mayor Bud Le'W~s.
But the battle for the second
open seat remained dose. with
three of the mght remaining can-
didates runrung neck and neck.
Ramona F,nnfla. 52. was running
second, followed by Matt Hall.
44. and Dave Sammons. 32.
Other candidates in the
were Joe Angel. 46. Margar,
Bonas, 70. Denms Brandmey
45. Kenneth Krul. 45. and
Valenti. 36.
tn Encinitas. only one in
bent. Gad HanD. was in the race
for three City Council and
she led the group of 13 mdt-
dates, followed by James
retired telecommunications
uuve. and PlanrUng Commi
er Chuck DuVivier. Council
en Ann Omsted and Pam
opted not to run. Slater
pa,gned instead for a seat o~
county Board of Supermsors.
The sp,nted contest focused
much on the broad .~s of
cmitas growth and g
reform as g d,d on specific issues
like a proposed Home Depot
store and the downtown bus and
raft stat,on.
With the oty now 6 years old,
candidates and voters alike
seemed to key in on the question
of what Encinitas should aim for
now that it has gotten over the
hump as far a~ setting up a local
government irdrastructure.
Much of the campaign discus-
sion was dominated by the ques-
tmn of whether the council and
the city staff it directs had lost
touch with the residents they
govern. A majority of those in the
race campaigned on the theme
that the current council had al-
lowed city government to grov,
too large and complex.
Some candidates also sought t,,
frame the election around devel
,,pment and business growth
Adam I{irnbaum and
Cameron seemed to garner tht
endor~ments of much of the
~1 env~onmental community.
At the ~me time. DuVivmr
and ~nd were endor~ by
ma~or~tv of the current C~tv
Councd mem~rs and ~med
~s~t~on them~lves as ~n&date~
who would f~us their attentmn
on fostering business deveJop
ment
Other candidates m the rap.
were Tom McCa~. Dane Stat~.
August Anderson. Roy Hewitt.
Sally '
George, C~s ~koro~cz ~
David Po . h
dropout pt the campmgn tw~
~ach ~_nmg f~he seat.
mn D~ and ~cha~dlm
all of who~ were seek~ r~.
election 5he early
showe0 Olson and Hendhn
trading challengers Ter~ Rente~
la. Walt Alhngton and J~ Kelle-
Pan. but D~son was m second
place ~
The campasgn was fought al-
most exclusively on the questmn
of whether the current councd
had turned the small ~ach tow.
into an overly restrictive com~u-
mty.
Olson and Hendlin had ~en
the forefront of effo~s to adopt
the strictest no-smo~ng law
the county, as well as re~lations
residential views, lira-
the of busin, s
their front yards of junk.
In addition to the three inc~-
bents, other candidates were
Hugh Chivers, Ma~r~ H~hm..
John Metzger, Martin Garrick
and Kimberly Van Herk. Also
running were the ~uers, ~ur-
ence D. and Lom~ ~anda ~ue~
and thmr son. ~urence A3.
In Del Mar. Pro~sitson O--
which would rai~ the city's ap-
propriation limit to allow it
s~nd tax money it already was
exacted to receive ~ i~ m ~r-
ly returns. The measure would
not raise taxe~.
12 I S~n Die<lo Bu~ne~ Jotul · July 27, 1992
Ban the stricter smoking ban
IF YOU HA~ BEEN WANTING TO QUIT SMOKING, JUST WAIT A BIT
longer. The S~n Die~ City Council may soon force you to break that habit.
tn a classic c3se of overkill, the City Council wifl vote next month on a not-
so-modest proposal by the San Diego PubLic Services and Sagely Committee
that would baa afl smoking in restaurants, bars and private work places. It
would also ban the sale of ci81rcttes in venclin$ machines.
Promulgated by the Americans for Nonsmokers' Rights, pa.~,3ge of the
statute would live San Diego one of the most su-msent antismokin$ laws m the'
It is · livea that smoking is bad for you and that incidental smoke is
bad. It ts also · liven that mis~ded attempts to cure cislre~___e adciiction
tlu~ugh le~da~on won't work and, at best, Mil simply spUt the ~ommttrtity.
[t is also · liven that San Diego passed just Last year · worlcin~_ antismoking
ordinance. Rcs~ts must give at least 50 percent of their seay, mg for
notuanoke1~ and smokiz~ is prohibited in afl shared workplaces. Even San
Diego's Jack Murphy St_~_fli,m prohibits smoking in most seating arena.
It ts also · liven that cities that pa.~sed more sO'ingent antismoking bans are
rescinding them. Local City Council members might w-4nt to ask their
courtt~ in L oeg Beach, Bellflower and Oroville why they are backing off
from their stricter rules.
Perhaps the most important given Ls thc negative impact on business and
tourism because of a more stringent hw. Even the board of directors of the
San Diego chapter of the Amcric:3n Canc~ Society voted tn.st weak to not
support the proposed new ordinance. Said chapter President Neff Derrough:
"Smoking is severely resmcted now. The economic issue cannot be i~nored."
~. ThAt's why representatives of the Greater Sin Diego Chamber of
Commerce, the county Hotel-Motet Association, the Convention and Visitor<.
Bureau, and the California Restaurant Association don't support · stricter
baA.
The la.st ban is worktng. Leave it ·lone.
Uni0n- ' bun c
()etcher 27. 1992
Council rejects stiff ban
on smoking; tourism whys
8¥ TERRY ROOGERq
(lu~lrv .,re bF~athm~ a s~h :( rehff(
day /oiiow,ng the San D,ega C,ty Comn-
ed's relation of a sJrlc[ md~r smokln~
bnn
TIw measure, which had ~en heavdy
,~p~cd by thc t'~ty'~ lour~sm and res-
tnurnnt ~ndusmes. would have given ~n
D,ego on~ oJ thc nnhon's laughes[ anti-
~mokmR Inw~.
I'hc counol rc~ted the measure by a
h-Z vol~ yeslCrdny Mter more than two
huur~ ol conflictm~ testimony from pu~
he-health adv~ntes and the business
community
R~her t~n ~dopt the sW,c[ taw. me
[~rc~ that will ~tudy v~r~ous legislative
~H)t,ons Jot strengthening eXlStm8 smok-
six months
The t,,~k h,r,, .,Iq-,~a~h ~',~ It,,' .h
emphasized ~h~[ ii ~]s hRF mten~
[h~ cl[y ~raduJlly mov~ to~aFd
smokm~ in most ~ncJosed ar~as open
th~ public
In addltlOfl tu ~t~llings. chu~c
for IbC tlsk Iorce ~ppro~ch were councd
mem~rs Ron Ro~rts. Johd H~rtle>
~b Fdner. Ab~ Wolfsh¢~mer ~nd Jud~
McClrty M~yur M~ureen
w~s ~b~nt
Op~sln~ th~ motion w~s
~or~ S(~v~ns who w~n[~d
phased In over ,~ ~wo-yffar ~[l~
Councdmnn ~m ~ehr who s~ld
Against a ~n: Op~nents o/ a stHngtnt ban on smoking -- wea~ng sig~ saying
"fOBS/fOBS?fOBSt''- hsten to the ar~ments at a City Cou~il hea~ng.
Smoking
Council rejec~
strict indoor ban
law would be better addressed
first at the state and national lev-
els.
Had it been adopted, the pro.
posed ban -- which w~s w'ntten
by Americans for Nonsmokers'
Rights I would have outlawed
smoking in J::~l~'g. reatau~ants, ho-
reis and other public pl~c~s.
The proposal also called for
outlawing all cigazette vench.ng
machines anywhere within the
city lirmts.
Several counciJ members said
they were uncomfortable with
the prospect of g~vmg San D~ego
one of the toughest anti-smoking
regulations in the country, espe-
cially when they were unsure
what Impact it wm.dd have on the
hospit.~lity ind~t.,-y.
"[ ~ that it's clear that all
of San Diego ~nd perhaps all of
C. aliforma is headi~ in a cLu'ec-
tion that will give us that smoke-
free r, ociety,' sa/d Roberts. "The
question is. how do we get there
without causing m~JOr disrup-
tions either to the economy or m
any other
In testunony be[ore the coun-
oi. represenLttive~ of the restau-
rant industry ~aid they feared
that the sweeping smoking ban
wouJd hurt businesses already
struggling in the midst of a reces-
sion.
Public-health advocates count-
ered that safeguarding the public
health was more lml:~r(an! than
the economic concerns
Do~ens of people attending thr
standing-room-only hearing at
the council chambers wore large
paste-on tags reading
JOBS! JOBSr
Lisa Gaspard. spokesv, oman
for the American Hea~ Associa-
tion, countered With a makeshdl
· ign, piimed to her lapel tha~
read: "L//e. L//e, Li/e.'
Dr. David Burns, a UC San
Diego proJelsor and ant~-smokmg
advocate, said he was not d~s-
cou.raged by the councd's appar
ent eide~teppmg of the issue.
"I ~ ~ business commum-
ty ~ gotten cJe~' d~'ection tha~
th~ is going to happen, eventual-
ly,' Btur~ raid. "The direcuon
from the council is that we are to
pJan for a smoke-free society
San Diego'
Tourists: Why
we need them
more than ever
They're everywhere, aren't they?
Clo~ the aisle~ in our shops.
Filli~ up ~e w~~ ~ ofo~ ~~~.
T~n~ ~e ~ a~le p~~ ~.
~ ~ ~mi~ ev~ y~ ~ ~ ~e, ~n ~-
out ~y ~~ ~me ~ ~y o~y a ~y or ~; o~
Before deciding between
placing roadblocks across
~way [01 ~ ~n~ for ~ ~i~.
i~ ~~'.~ ~ ~ ~ ~ for law e~~en~
T~ ~ ~ g~~ jo~ for ~~~ Path
F~ ~ ~ of ~e shops. ~~~ ~d ho~h ~t
de.nd ~y on ~e w~mer ~~ how m~y
~ ~d how mu~ ~ey s~nd he~ ~~ ~e 8iFe~n~
~~ a ~ ~d a ~ ye~. ~ light of ~ ~~n
~no~c ~, it m~y ~ qu~ion of fi~l life ~d dea~
for mme.
~, when ~m~mplating w~at ~ ~ done a~ut the
~~ ~b[em," at le~t ~ider ~is option: Be
~d ~ ~ we ~y it? ~ m~.
lhe Post
Pdrddise, [,~, (Butte Co.)
October- l, 1992
Restaurant sales
went up in smoke
State reports show town eateries lost
business when smoking was banned
By Ilene Lelchuk
Paced,se restaurants experienced
stgo Lficant losses m sales whde C-~uco
and Orovdle restau/ants gamed since
the tow~ ban ~oklng went into
effect.
A comparison of taxable restau-
rant sales shows Paradise droppe_.A
$-/23,000 the fourth queerer of 1991
compared to 1990. The ordinance
went into effect Aug. 6.1991. shoctly
before the beginning of the fourth
quarter.
Dunng the same ume span.
Chico restaurants ,ncreased by
S 1.099.000. according to State Boa. rd
of ~n figures.
Though smokm~ ban advocates
say P&radL~e reatau/ant gales ch'opped
because of thc rece~ston, this does
nothing to explain why OroviUc and
Chico restau/ant$ have gained sa. les.
Linde Horton. owner of the
Brunch House on Skyway and an
aCUvc opponent of the ban. sa. id her
busings took a notable nose dive as
soon as the ordinance went mto ef-
fect because regular customers nov,'
frequ~mt Chtc~. Orov~Ue and Magaha
reshxl~ants that allow smokang.
Horton reported that in July o{
1991 her busmess grossed about
$7.300. but tn July of 1992 she
grossed only about $?. 100.
"Who ts responsible for the rc-
percuss,onsT" she asked.
See SMOKE. page A-2
Taxable restaurant transactions
1 990 vs. I 991
[~j0r0vflle Thousands of dollars
~Ch,co '21 ~~}h2
1 stQ~
No Imolung ordinance
wznt mt0 effect
Tuesday. Aug. 6, 1991
2nd Qt~
3rd Orr
4th O~,
~23
B4g
27
Gain
810
1,099
-1,000 -500 0 500 1,000 1,500
Source: Smtz Bo~d of Eclu.kzlt~on
The above bar chart co mpares quarterly 1990 and 1991 taxable
restaurant transactions. The fourth quarter shows Paradise
with a $723,000 loss, while Chico end Oroville show gains of
$1,099,000 and $27,000, respectively.
SMOKE: Chico sales up
From page A-1
Honon s~ud she ts doing every-
thmg ~e can to help her busmexs
surmve. Her fLr~t step w~ ~ pla~
~l~ outd~ but smo~
uou-~oke~ fight over ~c ~r~
ubl~ for ~e~ es~c~c 'I ~'t win," she
Honon ~ h~ un~cn
cdu~uou ~pmgn. ~ll~ug
~ ~ ~d o~cr mfo~fion to
~c to ~c pubhc when she ~ r~y
to ~unch a fo~M ~p~gn to re-
~ ~c ordinal.
She is ~ns~denng m~g a for-
m~ request to ~e To~ Council
s~n. but h~ no specific
mind.
O~er business o~c~ ~e fight-
mg.m different ways, including ra-
sing b~s tn ~c~ ~s~.
where ~o~ng is ~low~.
If P~dt~ shows de~ in
rcs~ t s~eL it ~y ~ one of few
to~s wi~ smo~og ~ to lose
money, a~or~g to
Unlve~~t~ S~ Fr~-
cl~co.
~c study, rclc~cd tn
s~tcs ~c prcs~cc of a 1~ ~r~nt
smoke-frcc rcs~t ordm~cc bad
no signifier ~mpac[ on [o~ rcs~u-
rant ~des tn any com.cnumty.
Red-archers looked at oommu-
roues with bans (~elLflower. Beverly
~ Lod~ and San Lms Obispo)
compared to ~milar communtUes
w~thout bans (lmm. w~ Los Ange-
lea. Woodland and A. ta.w. adem) from
JantulO' 1986 to June 1991.
Despite these f'mdmgs, Beverly
I-LiUs resCtndexl tis fouz-month-old
ordinance m 1987 after rest~uxant$
r~lao~-signLficam losses to Los
Angeles restaurants and tourists can-
celled hotel reservations, according
to city Public Affair~ Director Fred
C-'un.nmgham. Bellflower also re-
versed its ordinance.
The UCSF report continues.
however. "There ts no evidemce to
suppoct the common claim, first made
in Beverly Hills, that
restata-znt ordinances reduce busi-
ne~ by 30 percetlt_':. /
Locally that ts not the ca~, ac-
cording to Glorte La~ghon, owner of
La Casita on Clark Road, and Gary
Keenan, owner of the S mokie Moun-
tain Smoke and Steak House, who
esumate their business dropped 30
percent since the Paradise ban went
into effect.
Contra Costa Times
Sunday, November 3, 1991
Let the market snuff out cigarettes
Those anti-smoking laws
also are anti-American
people who don't live in Los Angeles
-must chuckle when they read about a
proposed.:ord/nance to ban smoking
in restaurants and other public places in Los
Angeles. One look at the air we breathe --
and it is all too visible -- and smoking must
seem like a foolish redundancy.
Which, of course, it is. Indeed, smoking
is so dumb that it is frowned.upon even in a
society that winks at dangerous breast im-
plants, bungee jumping and massive doses
of television viewing.
Agreed, smoking is stupid. But should it
be outlawed in public places? I think not.
Los Angeles City Councilman Marvin
Braude is showing great intolerance in his
latest bid to ban smoking in L.A restaurants
and other public places.
Sorry, but it's too much L.A. Law Ban
smoking in public and folks truly could ar-
gue that there is more freedom in the Soviet
Union than the United States.
It's one thing to set a no-smoking policy
in a workplace. That's something many em-
ployers have chosen to do because constant
exposure to second-hand smoke has been
established as hazardous to health.
Such studies provide .compelling reason
for corporate policies banning smoking in
enclosed work areas.
But limited, occasional exposure ts a dif-
ferent issue -- especially since consumers
are free to choose where they dine.
Already L.A. restaurants with more than
SO seats must have smoking and non-smok-
ing sections. V/hat's more, restauran~ own-
ers are free to prohibit smoking completely.
or have very limited smoking seating
The present system allows business own-
ers to do what they feel is best for their es-
tablishment and their customers.
DEBRA J. SAUNDERS
News columnist
So when Braude talks about outlawing
smoking, what he really is talking about ~s
outlawing choice. Braude doesn't want oeo-
pie to be able to choose if they can No to a
restaurant where they can smoke
Braude doesn't want non-smokers to be
able to choose to have dinner in a public
place that allows smoking.
One can argue that restaurants employ
people and, for their sake. smoking should
be banned. But tf you ban smoking in res-
taurants because of employees, ban it ~n all
workplaces
Besides, s~nce L.A. restaurants have
smoking and non-smoking sections, ~t
should be possible to set work arangements
that accommodate non-smokers.
A smoking co-worker of mine shrugged
at the news that Braude has resurrected the
smoking ban idea, despite the defeat of a
similar ban last year. "It just gives husbands
another excuse nor.&O take ,their .wives to
dinner," he intone~.
Put another way, it just gives residents a
good reason to hop over .to Beverly Hills,
Burbank or Santa Monica for dinner. That's
right, in the midst of a recession, Braude
wants to stick it to the restaurant industry
by driving potential customers either into
their dining rooms or out of town. In 1987, a
study showed, a since-revoked smoking ban
on Beverly Hills restaurants was accompa-
nied by a 6.7 percent decline in sales
[ wonder: How many waitresses and
waiters want to lose their jobs just so
Braude and fellow council members can
eradicate voters' choice?
And the thing is, that choice already is
limited, and becomes more limited every
day as restaurateurs go smqkeless in an at-
tempt to please the general public.
But the anti-smoking types can't wait for
the market to do its work. They want to im-
pose their V~il now.
Some restaurant lobbyists argue that
they oppose a city ban because it"s bad for
area businesses, but that they would ~up-
port a stateW~de or countywide ban. '~
But they probably are being disingenu-
ous; they probably figure that a statewide
ban would be hard to push up the hill of leg-
islation in a Capitol well-greased with tobac-
co-lobby money. ,
Besides, this is not a local Issue, it's a
question of freedom and what kind of coun-
try people want.
One of America's great strengths has
been the freedom people have had to
choose their own destinies. Not everyone
chooses wisely.
If Braude wins, one less choice will be
available. And one more group can cons/der
itself part of the pariah class.
And the fact is, smokers would be on the
outs because their dirty habit isn't in.
Braude's ban is a classic case of the many
forcing their will on the few.
I don't think a public smoking ban will
make Americans respect the law more. No,
such a ban only would signal the change in
this country from a tolerant to intolerant
community.
Smoking is pollution. But for the most
part, smoking, like driving, has been legal
pollution. Braude would change that.
It's not even. No one can force Braude to
eat in a restaurant that he finds too smoky.
So why is he trying to force his views on
others7
!LOCAL NEWS/WEATHER/EDITORIAL PAGES
S £CTION
B
~VEDNESDAY
MARCH 2S, 1992
Council Kills Second Effort
to Ban Restaurant Smoking
m Tobacco: City
attorney's office is
ordered to draft a
compromise measure that
would'provide more
tables for nonsmokers.
Critics say it preserves the
stattm quo.
By LOUIS SAHAGUN
I'IME~ 8'rAFF WI~'I'ER
A~ baguette-wieldin8 restau-
rant wm-km-~ looked on, a propos-
at to ban ~moktng tn ~ Angele~
eateries went down in finme~
Tuesday fat the r, eomd ttme tn a
little more th~n year.
The ~ Ansde~ City Council.
under heavy ~emmm-e (rom the
i~ voted 8 to ? to a~k the city
attorney'a of/lee to dratt
prouzt~e m~ derided by erR-
les as a "dressed up mtattts quo."
The plan allows each restaurant
to designate Itself smoking or
nonamok~g.
Each extabliahment would have
to post a sign indicating its smok-
Lng ~tua. Those that allowed
amoktn8 would have to reserve
C~% of their t~ble~ for nonsmok-
ers-an increase from t.he 50%
nonzmok~g mimmum now man-
dated.
The measure, which could be-
come law this stammer if approved
by the full City Council. also
would require that the area re-
served for norm-mokers be en-
1~ to ?0% by July. 1994.
City CotmHlman Jo~l Wachs.
who aul. bomd the compmmtse.
zatd his measure was dest~n~ to
"give everTone s choice." '
"It will 8:lYe those restam-ant~
which chlxme-to be' nort_ _?noldng
the right to do so," Wachs said. "It
will give those mm-ants which
want to satlM¥ a limited area for
smokers & rlSht to do so--~nd
everyone will be gtven& notice
be. fo~d so they can make an
C'maadtng anti-smoker Coun-
cilman Ma.turin Braude. who pro-
posed the total bart brained the
Please ,ce $~0~ B4
Employees of Hotel Sofitel/~a Masson O~an~is~ baguettes to e~e~ op~slUon to smoking ban
SMOI ' Council Compromise
~e[~3~ o{ h~ mc~ur~ on
pressure from tobacco industry
~o~bytsu and r~u~L~ I~ by
and ~e 3.~-mem~
R~u~t ~
The relLauraLe~[l contended
~aL a ~n ~d ~ve ~mem to
~u=~y.' ~aude ar~ ~fore
full ~ u h~ Of op~-
nenu ~ ~ h~ ~e eye=
~ A~el~ ~ ~e ~ty ~at won
me ~tUe for
~e ~ty Co~l dea~k~
Oc~r. ~.
~ ~Uo~ ~ ~ayor Tom
Bra~ey ~d ~un~l mem~m
t~een 1984 and 1990 totale~
A re~rt ~Mu~ by ~e c~ty
the T~cco [~tute. an Ind~tty
traae [mua. ~ld $45.~ m fees
four to~By~u In ~e lMt three
montM of l~l--maklng ,t one of
the m~t acuve s~sal-m~erest
I~ps at City H~II.
Two 0~er tob~y~. Alma
~nd ~rk Oav~ of
~~ were ea~ ~d ~2.~
~y the P~p ~ ~ ~t year.
· c~ ~ e~ ~ sue.
m~t~ ~ ~e ~ ~lon.
rece~v~ ~7~ from Phlll~
~ ~ ~mm~mn ~umenu
/
~ I think the ban on
smoking is
wonderful. To all of
our Bellflower
business people who
post no-smoking
signs, I say, "God
bless you." You are
doing the
right thing.
FROM LETTER SENT
TO CiTY COUNCIL
BACKGROUND
r On .lan. 14. the Bellflower City Council gave its final
approval to one of CaJifornia's strfctest anti-smoking
laws. Council members, alarmed by reports on the
dangers of secondhand smoke, voted unanimously to
sLnctly linut smoking ~n public places a~qd to ban it in
restaurants. Council members said it was their duty to
protect the health of Bellflower residents.
/' Last l heard, this
wasn't Russia. It's a
ridiculous law.
People should be
permitted to smoke.
It's their choice.
Nonsmokers are just
a bunch of
small-minded people
who want things
their own way. ~
CUSTOMER AT
CURt. Y JONES
RESTAURANT
Eateries Find Smoking
Ban Hard to Swallow
· Restaurants: Tough new law has
driven away customers, some managers
say. But the effects, in what was al ready
a recession year, are unclear.
By TINA GRIEC. a3
r~MES STAFF WRITER
I t is 12:35, lunchtime, and every so often the
front door of the Casa Grznde restaurant swings
open and a sudden shaft of light streams into
the cool darkne~, sharply [llurninaUng the
empty booths of a haJf-deserted dining room.
"Look at thts place," owner Chuck WelLs says.
surveying his restaurant. "E-Iow many people do we
have in the ha-? I'd be surprised i~ Lhere wa~ three
people. We used to have people Enmg up to Ret in
here. We used to go to 3-.30, 4 p.m.--and now. by five
{mmutesl to I the pl~ce is almost empty."
Acro.~ town. on Bellflower BoulevaJ-d, Tom H.nr~
no greets customers a~ they crowd through the door
or' h~s Italian restauranL Nearly every table ts full.
Wa~ters and v:aitresses bustle between the kitchen
and the dimng room. Business ~s not as good as ~t was
last year. but ~t ts not bacL either, Marino says.
A man cLressed in a suit waJks in. "Smoking or
nonsmoking, it doesn't matter," he says to Marino.
Marino smiles. "It's all nonsmokin~."
It has been almost four months since a city law
went into effect banning smoking in BeUflower's
restaurantj and severely restricting it in other pubhc
places. The law's impact has barely been felt by
some but has sent others, particularly restaurant
owners, reeling.
"It ts killing us." Wells says.
Restaurant owners, especially those who own
coffee shops, diners and restaurants with bars,
,- Please see SMOKIN(~.~
'1
Supes reject smol ing ban
in ali restaurants in S.F.
Blow to Al oto as
her measure goes
down to defeat
By J~e ~
In & ~tnnning blow to anti-
smoking crusader Supervisor
g~ Aliota. t~ ~ of Supervi-
wo~ ~ve ~ ~e~ S~
~~ ~t ~ ~ ~ok-
~ ~ ~tof~ ~1~.
'Dae ordin~-<._, a war.ed-down'
version of an earlier at~empt at
n-talcing nm~~ and bars 100
percent nonsmolchag, f.~l, ed on a
vot~ of 6-3, with two supervisor~
Sensing defeat, ALioto had
afl~i that ac-
tion on the
measure be
continued for
her coUe,ag'ue~
'This is
just stalling.'
said Supervi-
sor Terence
Hallin&n. All~ta
'~laer~ aren't
a,,m4ent votes to pa~s this, ao let's
just vote R ~ and g~ it over
jeer Alioto'8 motion for a delay.
ord/umce we ha~ now h a good
om. It allo~ n~marant ~ to
make these dec/s/on~ for them-
~.lve~ It's just plain common
The ord4-~-ce__ axrremly in ef-
fect ~ rea~t~m~a t~ have a
ed h u~ t~ th~ r~tmzrm~ owner. It
to ~ I~ with some-
one who smokes ia different than
getting a whiff across a restau-
A ~ Aliot~ r~sponcied to the
ord/nance's crit/cs.
'*I~erence, you don~t J/mow how
harndul second.hand smoke ia
cause no one doe~" ~he said. '~But
.there ia overwb~lmi~ evidence of
it~ dan~r, that 52,000 people a
year 8ie from/t-
~ ia a via/c~ piece of leg-
istation, and I'm aon~ that it's not
Ming to p.~,~ But dearly thi. is an
election year. -nd the
and tobacco lobbies are very pow-
Voting in favor of the ordimmce
were Alioto, Harry Britt and Car-
ole ~ Voting against were
A---.~rie Conmy, Jim Gon~.!ez,
Iqullin. n~ Tom ~ Willie Ken-
nedy and ~ Shdley.
An early h~ariug on the mea-
mitt~ May 5, was no le~ fraught
ir~ t~ ~ would ~e
on tl~ir ~
'l.~'s talk about rigtata." ~id
Jer~_mluh To~r, owner .net chef of
SUmu "Ar~ ~u g~ag to talk next
week abottt aalmo~Ila? Maybe you
should bun poultry then. Or
clams!"
To pacify the restart owners
ed votes fi'~m th,, boaxd and rnuy.
or, Alioto had w~ered down her
original legialalicm from a 100 per-
c~nt ban to a ~ split. The gam-
ble didn't pay off, although the
meaml~ p~med through the City
Services Comrnit~e by a vot~ o'f
9-1.
Smoking
ban f' res
up eatery
owners
Martinez law cuts
business, they say
~TINEZ -- The lnteruatioual
House Olr P~:~s r,...a,,,,'.~at her~ sayx
~or · ~ Caum~ rate Jmm 29. ,'
ed ~th ~m ~p~
~e lnte~ ~ of P~-
cak~' pl~ for ~ ~ non-
with fOUr ~hlult f~. ~t r~m
~dd~~~~m~
wznt s~condlxand smoke, y~u don'~
ha'~ to ~ izz thc. t" '
.Ltn~t Al~ca~ ~ the T~ pre.
tlxree t~ Wei~ ~'s
it i~ t~p to the Cotm'z Coast
16100 Hwy. 101 ~53,
Willits, Ca. 95490
October 2, 1993
Dear Sir:
The messiahnistic zealots on your city council appear to be
about to pass a p~ticularly restrictive anti-smoking ordinance.
They might do well to have some second thoughts before they do.
My wife and I enjoy an above-average retirement income, much of
which has been spent in Mendocino County and especially in Ukiah.
~f this ordinance passes, we will buy no more than we have to
locally. No more new Fords nor anything else upon which we
would pay sales tax. We will go to Humboldt County for such
purchases. We will actively work to defeat the sales tax in-
crease upon which we will all vote in November. Further, we
will move increasing amounts of our investments into California
double tax-free mutual bond funds, thus denying the State of
California most of the income tax on our investment income, and,
indirectly, Mendocino County. These are the only weapons I have
with which to fight this sort of over-regulation by government.
And you may be certain that I will use them, and more as they
occur to me.
The proponents of this ordinance loudly proclaim that it will not
hurt business. They must be incredibly naive, incredibly dense,
or lying in their, teeth, because it most assuredly will hurt local
business. Case in point: Boomer's cafe in Rohnert Park. We have
stayed at the adjoining motel several times the last few years,
and every time we have gone into Boomer's for breakfast the place
has been at least two-thirds full of smokers breakfasting, having
,
coffee and reading the morning papersQ.!~.~c. No more. Three weeks
ago we were there at 8:00 AM and thereAonly three other people in
the place. The counterman told me their new non-smoking ordinance
is killing them, and I doub~ the business will survive until the
end of this year. The manager at a Denny's Restaurant in Novato
told us they are losing coffee mugs because smokers take them out-
side and never bring them back. The examples are legion.
Sincerely yours,
Sherman S. Cook
Golden Rule Mobile Village
Ph. 707 459 2856
.. ,~
. .- ,
OWNERS-RICK CLELAND
DAVE SPERRY
October 4th, 1993
Cathy McKay
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
Dear Ms. McKay,
SPORTS ATTIC INC.
108 W. STANDLEY ST.
UKIAH, CA 95482
707-463-1706
I am concerned with the proposed City Ordinance Banning smoking in
public places. Naturally it would affect my business as it would
many other restaurants and bars, and I am opposed to it.
My first objection is that the decision to ban smoking is one that
Governments should not be making for private businesses, and it is
a bad business decision as well. It is not the City's function to
regulate business in this manner. The Council is attempting to make
a business decision for private business owners who know their
business, and know their customers alot better than you do. The
argument that customers will stay even if they are asked not to
smoke is not a valid one. Customers may stay, but they won't stay
as long, and they won't return as often if they know they can't
enjoy their night out as they use to. By passing either ordinance
" A" or "B", restaurants (and) (or) bars will have to ask their
smoking customers to leave and go to one of their competitors, or
simply leave if they want to smoke. You don't stay in business
very long by asking your customers to leave.
My second objection pertains to the negative economic impact these
ordinances can have. Restaurants and bars employ a numbe~ of
people in this community, and with a smoking ban sales will
undoubtedly be hurt, decreasing sales tax revenue, and endangering
the livelihood of the proprietors. According to the Redevelopment
Agency and the Design Guide for downtown Ukiah, restaurants have
been identified as desired businesses to help revitalize downtown.
It seems to me, a smoking ban runs counter to that goal.
My third objection deals with the health issue. The fact that
continuous exposure to second-hand cigarette smoke can cause health
problems I will not dispute, but I do question the link between
health problems and second-hand smoke inhaled in public places for
short periods of time, between long intervals. Not only is it a
weak association, but currently non-smokers have a choice to leave
a smoke filled environment, but under a smoking ban, smokers will
be denied their choice. From a health stand-point, ordinance "A"
which allows smoking in bars, has flawed reasoning. If you really
want to make a health improvement with regard to this issue, bars
are the very place you ought to ban smoking. Smoke is so thick in
some bars you can't see the other side of tile room! Some people
are saying that it's ok to smoke in a bar, but not in a "dinning
area". In the "dinning areas" I'm familiar with, cigarette smoke is
OWNERS-RICK CLELAND
DAVE SPERRY
SPORTS ATTIC INC.
108 W. STANDLEY ST.
UKIAH, CA 95482
707 -463-1706
never a problem, but bars are filled with cigarette smoke. Your
lungs don't know the difference if your eating or not, so smoking
should be ban in bars where it is the worse, from strickly a health
conscious point-of-view.
If you feel compelled to past a smoking ban it must be applied
equally across the board, so that bars, restaurants, taverns,
coffee shops, truck stops, and pizza parlors are all competiting
under the same regulations, so one type of business will not have
a competitive advantage over another. I have gone to great lengths
to make the Sports Attic comfortable for non-smokers, yet allowing
smokers their freedom to smoke. Because I have a high ceiling, two
circulation fans, two ventilation fans, and separate exhaust fan I
do not have a smoke problem, and have not had compliants about
cigarette smoke in the 10 years we have been open, even though a
significant portion of my customer base are smokers. If either one
of these ordinances pass I'll be forced to ask my smoking customers
to leave in order to solve a problem I never had in the first
place. With the passage of ordinance "A" I will be put at a
distinct competitive disadvantage. Since my entire business is a
"dinning area" I will be not be able to allow smoking. So when
someone comes in to enjoy a beer and watch a sporting event,
usually at night, whether they eat or not, they won't be able to
smoke, yet they'll be able to go to one of my competitors that is
classified as a "bar" and will be allowed to smoke. It should be
left up to the each business, whether or not they want to make
their business comfortable for smokers or non-smokers, or both.
There are many flaws with any kind of smoking ban in public places,
be it constitutional, economic, or environmental. It all can be
avoided through requirements of proper ventilation. There are
ventilation systems designed specially to clean cigarette smoke.
Enclosed are two flyers from two different companies showing their
air cleaning systems, along with an article from a recent industry
magazine discussing restaurant air quality.
Business owners would rather spend money on ventilation systems to
clean interior air improving their business for smokers and non-
smokers, as opposed to having to deal will more heavy-handed
Government. What was once the land of Opportunity is now becoming
the land of Mandates, Taxes, Regulations, and Fees.
Please consider these points as you decide to ban, or not to ban.
Sincerely,
SPORTS ATTIC INC.,
Richard R. Cleland
President
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dust, soot, dirt, oil mists, pollens and odors disappear
with remarkable results.
SMOKEMASTER is an attractive, quiet, trouble-free,
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more air more efficiently than popular machines twice
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"Coanda Air Pattern"
(Air cleaner size exaggerated to show detail)
NEW model installs flush with ceiling.
Small portable air cleaners are also available.
Simple, quick mounting procedure - requires no duct work. Plugs into regular wall outlet - operates on
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New Restaurant
Air Quality Guide
Now Available
Restaurants and bars concerned
about indoor air quality can benefit
from a new guide just developed by
R.J. Reynolds Tobacco Company.
"Improving Restaurant Ventilation"
explains the components of a t,:~pical
restaurant ventilation system and
offers illustrations and tips on how to
improve air qualiw, including ways to
establish smoking and non-smoking
sections.
Once an establishment has settled
on a ventilation system, the 20-page
guide recommends follo;~4ng this 10-
step checklist: 1) Ventilate year-round,
run the fan continuously during no~'-
mai business hours. 2) Provide a
means for make-up air for the kitchen
exhaust system. 3) Operate the heat-
ing, ventilation and air conditioning
equipment at 20 cubic feet per
minute per person. 4) Ex,aluate the air
distribution system when determining
the locations of smoking and non-
smo'king sections. 5) Know which air
diffusers serve each area so adjust-
ments can be made quickly. 6)
Remember where the outside air
intakes for each heating, ventilation
and air conditioning (HVAC) unit are
located. 7) Understand where the
A dramatic exterior highlighted with purple glowing black lights attracts Houston patrons.
Fat Tuesdays Make Big Hits
Halfway through its first year, Fat prizes. Thursdays at Fat Tuesday fea-
Tuesday in Houston is packing full-
house crowds. The first Texas location
stands out among the many clubs on
Richmond Avenue with purple glow-
ing black lights that bring cutout fig-
ures to life. The bar offers 18 flavors
of daiquiris and gets back to its New
Orleans roots on Sunday's with free
jambalaya and live music. Guests jam
on Wednesdays at DJ'd "College
Nights," enjoying $1 longnecks, 50-
cent Jello Tooters and contests for
ture favorite country and rock
sounds.
Fat Tuesday in Miami's CocoWalk
had its highest sales day ever during
the Muscular Dystrophy's Annual
"Bed Race." The ~l~~
bar hosted the
Racer's Reception TUB
and Auction and
entered a new, DAY
high-octane bed in
this year's race.
condensate drain fi'om the air condi-
tioning cooling coil is located and the
method for drainage. 8) Determine
the correct filter and filter size for the
HVAC units. 9) Keep a maintenance
schedule on each HVAC unit. 10)
Make sure wall surfaces, carpets and
ceiling tiles are dry and clean.
Establishments interested in
receix4ng the free gnide should call
800/528-1228.
MINIMUM
OUTgOOR AIR
(CFM/PERSON)
2O
30
15
i '?.omce ace 20
12
NIGHT CLUB & BAR
OCTOBER 1993
Date: October 6, 1993
To: Cit',: Council Members and other citizens of Ukiah
From: Ukiah Hospitality ]ndustr3.' Business Owners !.ad hoc committee.)
Re: Proposed City Smoking Ordinance
.As a very alarmed group of' proprietors whose revenues and management
is being threatened, we met to discuss our concerns about the City Smoking
Ordinance being considered by the city councii. In the interest of being as
brief as possible, the f'oiloxx'ing concerns were raised:
1') 'Wn.~t ts the counc~! s .X'I AND..-X'I'E for ~mpos:ng smoking restrictions?
Vi.'e also bring a mandate from ()klF customers, both smokers and non-
smokers please see attached petitions that have over 800 signatures, collected
in the last two weel,:s at our businesses In addition, Dorothy Heise submitted
almost 2.000 s~gnatures to the County Board of Supervisors hnd sent copies
to the City Council,
25, ¥~'e :'a~se the issue of the econo)mit impact that such restrictions would have
upon our businesses--see attached repc)rts and graphs which i!Iustrate the
impact such laws have had upon c)ther communities
3)
We wish to call attention to) the historical failure of such ordinances in other
cc)m m unities--see attached reports
We want to remind vou of the CUST(,,.MER S CHOICE to) take their business
establishments that have chc)sen to> be a non-sine)king m'ea
5~
We raise the issue of enforcement of such an ordinance, who will per~'orm
this task and at what cost to an already financially impacted community
6i We remind the council members, that as already successful business owners,
we have made every reasonable effort to accommodate all of our customers by
installing fans or air systems to maximize the comfort of non- smokers
7')
8)
9¸)
We urge you to consider an alternate course, such as the posting of signs
reminding patrons to be aware of the comfort of other customers
We suggest that the E. P. A. reports detailing the effects of second-hand
smoke be reviewed and evaluated according to accepted scientific procedure
--see attached news articles.
We call your attention to cc)pies of State Assembly Bill No.l 3. still in committee.
and ask vc)u to nc)re pages 2.4 &5 which detail the purposed State law for
smoking in public areas. Please note the clauses regarding the exemption
of bars and taverns and the intention of this law to supersede local
ordinances.
g;'e )'~nally call ye)ur attention to the legal standing of those of us who own
the property (>f ()ur business iocation: Inx. erse ConOemnation g~ves us a
legal avenue,, ii' the c~tv persists in passing tl~s Smoking Ordinance, we
will be forced to file a law suit due ~o our reduced capacity to make a
living,
We sincerely hope that after reviewing these ten issues, the council will set aside
or amend the proposed c)rdinance in the interest ()f equity-, economic welt-being
for [ikiah businesses, the will of tl~e people and tl~e protectic)n of the rights of
the minority.
Thank you?
Mrs, Linda Poya, spokesperson for Ukiah Hospitality Industry Business Owners
Non-smoker
Business owner
Teacher
Mother
THE BUSNESSES LISTED BELOW PETITION THAT THE. CITY OF UKIAH SET ASIDE THE PROPOSED
ORDINANCE REGARDING ENVIRONMENTAL TOBACCO SMOKE UNTIL SUCH TIME AS MORE SCIENTIFIC
MEDICAL AND ECONOMIC IMPACT INFORMATION IS AVAILABLE.
BUSINESS OWNER
NUMBE~R EMPLOYEES DATE
~_~_2~- %// .~
I
AB 13 m 2-
knowingly or intentionally permitting, or any person from
engaging in, the smoking of tobacco products in an enclosed
space at a place of employment. It would specify that, for
purposes of these provisions, "place of employment" shall not
include hotel, motel, or other lodging establishments and
motel guest room accommodations and lobbies, retail or
wholesale tobacco shops, private smoker's lounges, cabs o£
motor trucks or truck tractors, bars and taverns, warehouse
facilities, gaming clubs, ~ public convention center
facilities, theatricM production sites, and research or
treatment sites, as defined. It would also specify that, for
purposes of these provisions, an employer who permits any
nonemployee access to his or her place of employment on a
regular basis has not acted knowingly or intentionally if he or
she has taken certain reasonable steps to prevent smoking by
a nonemployee. It would allow an employer to permit
smoking in designated breakrooms under specified
conditions.
This bill would also specify that the smoking prohibition set
forth in these provisions shall constitute a uniform statewide
standard for regulating the smoking of tobacco products in
enclosed places of employment, and shall supersede and
render unnecessary the local enactment or enforcement of
local ordinances regulating the smoking of tobacco products
in enclosed places of employment.
This bill would additionally provide that a violation of the
smoking prohibition set forth in these provisions is an
infraction punishable by specified fines. It would further
provide that the smoking prohibition shall be enforced by
local law enforcement agencies, as specified, but would
specify that the division shall not be required to respond to
any complaint regarding a violation of the smoking
prohibition, unless the employer has been found guilty of a
3rd violation of the smoking prohibition within the previous
year. By establishing a new prohibition the violation of which
is, under specified circumstances, an infraction, this bill would
create a new crime and would thereby establish a
state-mandated local program.
The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated
AB
1
2
3
4
5
6.
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
29
3O
31
32
33
34
35
36
37
39
4O
13 ~4--
shall not include the physical ejectment of a
nonemployee from the place of employment.
-(c) For purposes of this section, "place of
employment" shall not include any of the following:
(1) Hotel ~d mctel , motel, a_nd other lodging
establishment guest room accommodations and lobbies,
retail or wholesale tobacco shops, e~ private smokers'
lounges, or cabs of a motor truck, as dellned in Section
410 o£ the Vehicle Code, or a truck tractor, as defined in
Section 655 o£ the Vehicle Code, if no nonsmohhg
employees are present. For purposes of this paragraph,
"lobby" means the common public area of a hotel ~
mc, tel, motel, or other lodging establishment in which
registration and other similar or related transactions, or
both, are conducted and in which the hotel's e~ recto!';
, motel's, or other lodging estabh'shment's guests and
members of the public typically congregate. A hotel ~
mctcl, motel, or other lodging estabh'shment may permit
smoking in its lobby, but only in a designated smoking
area that does not exceed 25 percent of the lobby's total
floor space or 1,000 square feet of the total floor space,
whichever is greater. For purposes of this paragraph,
"retail or wholesale tobacco shop" shall include any
business establishment whose main purpose is the sale of
tobacco products, including, but not limited to, cigars,
pipe tobacco, and smoking accessories, or any seller of
tobacco products that maintains a separate enclosed area
that is dedicated to the sale of these tobacco products and
in which the sale of any other products is incidental. For
purposes of this paragraph, "private smokers' lounge"
shall include any enclosed area in or attached to a retail
or wholesale tobacco shop that is dedicated to the use of
tobacco products, including, but not limited to, cigars and
pipes.
(2) Bars and taverns. For purposes of this paragraph,
"bar or tavern" means a facility primarily devoted to the
serving of alcoholic beverages for consumption by guests
on the premises, in which the serving of food is incidental,
and access is restricted to persons 21 years of age or older.
This definition shall include any bar or tavern located
9'2 140
~ 5 ~ AB 13
1 within a hotel, motel, or similar lodging establishment.
2 (3) Warehouse facilities. For purposes of this
3 paragraph, "warehouse facility" means a warehouse
4 facility with Icrs more than 100,000 square feet of total
5 floor space, and 20 or fewer full-time employees working
6 at the facility, but does not include any warehouse facility
7 or area within a warehouse facility that is utilized as office
8 space. Nothing in this paragraph shall prohibit an owner,
9 manager, or operator of a warehouse facility from
10 prohibiting smoking in the facility for safety reasons.
11 (4) Gaming clubs. For purposes of this paragraph,
12 "gaming club" means any gaming club as defined in
13 Section 19802 of the Business and Professions Code or
14 bingo facility as defined in Section 326.5 of the Penal
15 Code that restricts access to minors under 18 years of age.
16 (5) Public convention center facilities. For purposes of
17 this paragraph, "public convention center facility" means
18 a municipal, county, or city owned or operated
19 convention center facility that is located in a jurisdiction
20 with a population of over 250,000, that does not provide
21 overnight accommodations for guests, and that provides
22 only incidental food service.
23 (6) Theatrical production sites, if smoMng is an
24 integral part of the story in the theatricM producffon.
25 (7) MedicM research or treatment sites, if smoking is
26 integral to the research and treatment being conducted.
27 (d) (1) Employers may permit smoking in designated
28 breakrooms where all of the following conditions are met:
29 (A) Air from the smoking room shall be exhausted
30 directly to the outside by an exhaust fan. Air from the
31 smoking room shall not be recirculated to other parts of
32 the building.
33 (B) The ventilation system shall provide the smoking
34 room with 60 cubic feet per minute (CFM) of supply air
35 per smoker.
36 (C) The smoking room shall be located in a nonwork
37 area where no one, as part of his or her work
38 responsibilities, is required to enter. For purposes o£ this
39 paragraph, "work responsibilities" does not include any
40 custodiM or maintenance work carried out in the
PE TI, TI O N
The undersigned are against the Smoking Ordinance proposed by
City Council as being too restrictive of individual and business
and an intrusion of Government on these rights.
the
rights
........ ?'AME
ADDRESS
,j_ ~t a,4-,
/3
I t / , /
PETITION
The undersigned
City Council as
and an intrusion
are against the Smoking Ordinance proposed by the
being too restrictive of individual and business rights
of Government on these rights.
NAME
ADDRESS
PETITION
The
City
and
undersigned
Council as
an intrusion
are against the Smoking Ordinance proposed by
being too restrictive of individual and business
of Government on these rights.
the
rights
NAME
ADDRESS
%
WE SUPPORT ACCOMMODATION IN PUBLIC PLACES
undersigned support fair accommodation for smokers and nonsmokers alike in restaurants,
pping malls, sports facilities, and other publicly and privately owned facilities open to the
eral public. We believe total smoking bans are unfair and unnecessary. ,[
SIGNATURE ' PRINT NAME CITY/STATE/ZIP PHONE
c4-L
I
,
I
LET RESTAURANTS DECIDE SMOKING POLICIES
The undersigned support the rights of restaurant owners to determine their own smoking
policies, in line with the wishes of their customers. We oppose attempts by some to impose
inflexible, government-ordered smoking bans in restaurants.
SIGNATURE
PRINT NAME
CITY/STATE/ZIP
PHONE
WE SUPPOR'r AO¢O~MODA'rlON IN PUBLIC
undersigned support fair accommodation for smokers and nonsmokers alike in restaurants,
pping malls, sports facilities, and other publicly and privately owned facilities open to the
eral public. We believe total smoking bans are unfair and unnecessary.
SIGNATURE PRINT NAME
CITY/STATE/ZIP
PHONE
LET RESTAURANTS DECIDE SMOKING POLICIES
The undersigned support the rights of restaurant owners to determine their own smoking
policies, in line with the wishes of their customers. We oppose attempts by some to impose
inflexible, government-ordered smoking bans in restaurants.
SIGNATURE
PRINT NAME
CITY/STATE/ZIP
PHONE
WE SUPPORT ACCOMMODATION IN PUBLIC PLACES
undersigned support fair accommodation for smokers and nonsmokers alike in restaurants,
,pping malls, sports facilities, and other publicly and privately owned facilities open to the
~eral public. We believe total smoking bans are unfair and unnecessary.
SIGNATURE
PRINT NAME
CITY/STATE/ZIP
PHONE
LET RESTAURANTS DECIDE SMOKING POLICIES
The undersigned support the rights of restaurant owners to determine their own smoking
policies, in line with the wishes of their customers. We oppose attempts by some to impose
inflexible, government-ordered smoking bans in restaurants.
SIGNATURE
PRINT NAME
CITY/STATE/ZIP
PHONE
/
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.., .. .~
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,/3
i
A PETITION TO THE MENDOCINO COUNTY BOARD OF SUPERVISORS
The undersigned are adamantly opposed to a County "Smoking Ban"
The undersigned citizens of Mendocino County strongly urge the County Board of Supervisors to
reconsider their action on the recently passed Anti-Smoking Ordinance. The ordinance poses serious restriction
to all businesses that serve the public.
The ordinance is viewed by the undersigned as unfair, biaseck and as an infringement on the civil
liberties of the general public. The undersigned are disappointed that the general public was not polled prior to
passing an ordinance that has such impact on businesses and individual choice.
R. ecognizing that the Board of Supervisors are concerned with the health of the citizens of this
commumty, we believe existing laws prior to the passing of this ordinance were adequate and provided a
freedom of choice to all citizens.
A PETITION TO THE MENDOCINO COUNTY BOARD OF SUPERVISORS
The undersigned are adamantly opposed to a County "Smoking Ban"
The undersigned citizens of Mendocino County strongly urge the County Board of Supervisors to
reconsider their action on the recently passed Anti-Smoking Ordinance. The ordinance poses serious restriction
to all businesses tha~ serve the public.
The ordinance is viewed by the undersigned as unfair, biased, and as an infringement on the civil
liberties of the general public. The undersigned are disappointed that the general public was not polled prior to
passing an ordinance that has such impact on businesses and individual choice.
R. ecognizing that the Board of Supervisors are concerned with the health of the citizens of this
commumty, we believe existing laws prior to the passing of this ordinance were adequate and provided a
freedom of choice to all citizens.
!
4
A PETITION TO THE MENDOCINO COUNTY BOARD OF SUPERVISORS
The undersigned are adamantly opposed to a County "Smoking Ban"
The undersigned citizens of Mendocino County strongly urge the County Board of Supervisors to
reconsider their action on the recently passed Anti-Smoking Ordinance. The ordinance poses serious restriction
to all businesses that serve the public.
The ordinance is viewed by the undersigned as unfair, biased, and as an infringement on the civil
liberties of the general public. The undersigned are disappointed that the general public was not polled prior to
passing an ordinance that has such impact on businesses and individual choice.
Recognizing that the Board of Supervisors are concerned with the health of the citizens of this
community, we believe existing laws prior to the passing of this ordinance were adequate and provided a
freedom of choice to all citizens. ,
PRINTED NAME, , [ SIGNATURE, , [ ADDRESS
t
/'d~ / /
/3?
A PETITION TO THE MENDOCINO COUNTY BOARD OF SUPERVISORS
The undersigned are adamantly opposed to a County "Smoking Ban"
The undersigned citizens of Mendocino County strongly urge the County Board of Supervisors to
reconsider their action on the recently passed Anti-Smoking Ordinance. The ordinance poses serious restriction
to all businesses that serve the public.
The ordinance is viewed by the undersigned as unfair, biased, and as an infringement on the civil
liberties of the general public. The undersigned are disappointed that the general public was not polled prior to
passing an ordinance that has such impact on businesses and individual choice.
R. ecognizing that the Board of Supervisors are concerned with the health of the citizens of this
commumty, we believe existing laws prior to the passing of this ordinance were adequate and provided a
freedom of choice to all citizens.
PRINTED NAME
SIGNATURE ADDRESS
Po
fl'
~ % 3'<:c, 6 c.z~ .~',~ -~ cs' zS, o.
A PETITION TO THE MENDOCINO COUNTY BOARD OF SUPERVISORS
The undersigned are adamantly opposed to a County "Smoking Ban"
The undersigned citizens of Mendocino County strongly urge the County Board of Supervisors to
reconsider their action on the recently passed Anti-Smoking Ordinance. The ordinance poses serious restriction
to all businesses tha~ serve the public.
The ordinance is viewed by the undersigned as unfair, biaseek and as an infl'ingement on the civil
liberties of the general public. The undersigned are disappointed that the general public was not polled prior to
passing an ordinance that has such impact on businesses and indi~dual choice.
Recognizing that the Board of Supervisors are concerned with the health of the citizens of this
community, we believe existing laws prior to the passing of this ordinance were adequate and provided a
fl'eedomof choice to all citizens.
16
ir'
i'"2-
/
'/'-5
/7
~2
,,
.
\'
MEMORANDUM
DATE:
TO:
FROM:
RE:
October 5, 1993
Charles L. Rough, Jr., City Manager and
City Councilmembers
Rick H. Kennedy, Director of Public Works/City Engineer ~
REBID FOR ASPHALT CONCRETE SURFACING ON CITY STREETS
SPECIFICATION NO. 93-13A
On September 15, 1993, the City Council upon Staff's recommendation
rejected the two (2) bids that were received and opened on
September 7, 1993, and directed Staff to re-evaluate the proposed
scope-of-work and to re-advertise for bids for receipt on
October 4, 1993 with possible award on October 6, 1993.
The Notice to Bidders for the changed project was advertised on
September 19 and September 24, 1993, however, no bids were
received. Staff contacted the previous two (2) bidders and learned
that they were not aware of the rebid, but expressed an interest in
having the opportunity to submit a proposal. It is apparent that
had Staff taken an aggressive position by notifying the previous
bidders directly, by mailing the contract documents to them, by
mailing notices to other prospective bidders, and by making follow-
up telephone calls, bids for the changed project would have been
submitted.
RECOMMENDED ACTION
Direct Staff to re-advertise the project for a bid open date of
October 18, 1993, with possible award on October 20, 1993, and
aggressively seek prospective bidders.
R:I~PW
MASPHALT
MEMORANDUM
DATE'
TO:
FROM:
SUBJECT:
October 5, 1993
Acting Mayor Richard Shoemaker and
Members of City Council
Rough, City Manager ~~.~
Charles
League of California Cities Annual Conference Resolutions
Attached, for your review during tomorrow evening's City Council meeting, is a copy of
the League's resolutions that we just received yesterday at City Hall.
Staff will be receiving the resolutions prior to the Council meeting, and will be prepared
to provide input during the review as well.
CLR:ky
R:4:CM
MCC31
TO:
September 30, 1993
MAYORS, CITY MANAGERS AND
CITY CLERKS IN NON-MANAGER
CITIES
MEMBERS OF THE LEAGUE BOARD
OF DIRECTORS
MEMBERS OF LEAGUE POLICY
COMMI3WEES
MEMBERS OF GENERAL
RESOLUTIONS COMMITTEE
Note to City_ Managers and City Clerks: Please make immediate distribution to the Mayor
and to other city officials planning to attend the 1993 Annual Conference. If additional
copies are required, we urge you to reproduce them in your city. Additional copies are not
now available from the League, but copies will be available at the Conference.
RE: TRANSMITTAL OF ANNUAL CONFERENCE RESOLUTIONS
This packet contains:
I. Information and Procedure
·
II. Guidelines for Annual Conference Resolutions
III. Location of Meetings
IV. Membership of General Resolutions Committee
V. Preliminary History of Resolutions
VI. Annual Conference Resolutions
PLEASE BRING THIS PACKET WITH YOU TO THE ANNUAL CONFERENCE
October 16-19, 1993 -- SAN FRANCISCO - - -
I. INFORMATION AND PROCEDURE
Resolutions Contained in this Packet. The
League Bylaws provide that resolutions
shall be referred by the President to an
appropriate policy committee for review
and recommendation. Resolutions with
committee recommendations shall then be
referred to the General Resolutions
Committee at the Annual Conference.
This year 42 resolutions have been
presented for consideration by the Annual
Conference and referred to the League
policy committees. Each of the policy
committees met September 22 or 23 to
review proposed resolutions and to
formulate preliminary recommendations
prior to the Annual Conference. The
sponsors of resolutions were notified of
the time and place of those meetings.
This packet contains a copy of all
resolutions that have been received and
assigned to policy committees. The source
of the resolutions, the policy committees
to which they were assigned, and the
preliminary recommendations of the policy
committees to the General Resolutions
Committee are indicated. The
recommended actions reported in this
packet are preliminary.
Consideration of Resolutions at
Conference. Another meeting of each
policy committee will be held at the
Annual Conference on Sunda_v. October
17. The location for each of these
meetings is shown on page iv. During
these hearings, any city official wishing to
discuss any resolution will have an
opportunity to address the policy
committee concerned.
The General Resolutions Committee will
meet at 1:30 p.m. on Monday, October 18,
in Room 133 of the Moscone Convention
Center, to consider the reports of the
policy committees. The Committee
includes at least one representative of
each of the League's regional divisions,
functional departments and standing policy
committees.
The General Assembly will convene at
10:30 a.m. on Tuesday, October 19, during
the Annual Business Meeting in the
Moscone Convention Center, to consider
the' report of the General Resolutions
Committee.
Resolutions approved by the General
Resolutions Committee and submitted to
the General Assembly will retain the
numbers assigned to them in this
document.
Initiative Resolutions. For those issues
that develop after the normal 45-day
deadline, a resolution may be introduced
with a petition signed by designated voting
delegates of 10 percent of all member
cities (47 valid signatures required) and
presented to the President of the League
not later than 24 hours prior to the time
set for convening the Annual Business
Session of the General Assembly. This
year, the ,deadline is Monday, October 18,
1993, 10:30 a.m. If the Parliamentarian
finds that a petitioned resolution is
substantially similar in substance to a
resolution already under consideration, the
petitioned resolution will be disqualified.
Any questions concerning the resolutions
procedure should be directed to Joni
Larsen in the Sacramento office of the
League.
Patricia Castillo, President
League of California Cities
II. GUIDELINES FOR ANNUAL CONFERENCE RESOLUTIONS
Policy development is a vital and ongoing process within the League. The principal means
for deciding policy on the important issues facing cities and the League is through the
standing policy committees and the Board of Directors. The process allows for timely
consideration of issues in a changing environment and assures broad access for city officials
to both initiate and influence policy decisions.
This influence may be exercised directly through participation as a policy committee
member or as a city official visiting a committee, meeting to advance a position on an issue
under the committee's purview. If committee membership or personal attendance is not
feasible, city officials may affect policy decisions indirectly through department or division
representatives on the policy committees or the Board of Directors.
Annual Conference resolutions constitute an additional process for developing League
policies. It is recommended that resolutions adhere to the following criteria.
Guidelines for Annual C0nfercnce Rcs01uti0n~
.
The issue addressed in the resolution has a direct relation to municipal affairs.
.
The issue is not of a purely local or regional concern.
.
Generally, the recommended policy should not restate existing League policy.
e
The resolution should be directed at achieving one of the following objectives:
(a) . Focus public or media attention on an issue of major importance to cities.
(b)
Establish a general direction for the League by setting forth general principles
around which more detailed policies may be developed by the policy
committees and Board of Directors.
(c)
Consider important issues not adequately addressed by the policy committees
and Board of Directors.
(d) Amend the League Bylaws.
iii
III. LOCATION OF MEETINGS
Policy Committee hearings will be as follows:
Sunda_v. October 17. 1993. 10:30 a.m. - 12 Noon
Policy Committ~
Administrative Services
Community Services
Employee Relations
Environmental Quality
Housing, Community &
Economic Development
Public Safety
Revenue and Taxation
Transportation & Public Works
Room
120
121
122
123
124
125
132
133
General Resolutions Committee
(Monday, October 18, 1993, 1:30 p.m.)
133
General Assembly at the
Annual Business Meeting
(Tuesday, October 19, 1993, 10:30 a.m.)
134/135
'iv
IV. GENERAL RESOLUTIONS COMMITI'EE
League of California Cities
95th Annual Conference - San Francisco, October 16-19, 1993
Chair: Robin N. Parker, Council Member, Sunnyvale
Vice Chair: William E. Thomson, Council Member, Pasadena
Parliamenl~arian: Judge Thomas M. Jenkins (Ret.) Superior Court, San Mateo County
Mary Andrews, Council Member, Chico
Ron Bates, Mayor, Los Alamitos
Lara L. Blakely, Mayor Pro Tem, Monrovia
Joseph Bran% Chief of Police, Hayward
Willi Campbell, Council Member, Solvang
Chris Carlson, Fire Chief, La Mesa
Judy Chu, Council Member, Monterey Park
Laurann Cook, Mayor, Fountain Valley
Roberta Cooper, Council Member, Hayward
John Ferraro, Council President, Los Angeles
Pat Figueroa, Council Member, Mountain View
Katy Foulkes, Mayor, Piedmont
Joan Gallo, City Attorney, San Jose
Mike Garvey, City Manager, San Carlos
Lynn Gentry, Mayor Pro Tern, Escalon
Robert F. Gentry, Council Member, Laguna Beach
Ronald L. Hurlbut, Director of Public Works, Fairfield
Trixie Johnson, Council Member, San Jose
Madolyn L. Agrimonti, Council Member, Daly City
Beverly Lane, Council Member, Danville
John S. Lindsay, Director of Administrative~ Services, Santa Rosa
Toru Miyoshi, Council Member, Santa Maria
Roy F. Morris, Mayor, Greenfield
Frank Muratore, Council Member, Modesto
Phil Nyberg, Council Member, Fortuna
Gary Pitts, Council Member, Yucaipa
Gaye Quinn; Planning Director, Emeryville
Carolyn Ratto, Council Member, Turlock
Paul Richards, Mayor, Lynwood
Jay Rounds, Director of Personnel Services, Palo Alto
George Runner, Council Member, Lancaster
Sedelia Sanders, Council Member, El Centro
Gary Schaub, Director of Cultural Services, Walnut Creek
Jozeile Smith, Council Member, Culver City
Ed Solomon, Mayor, Napa
Art Takahara, Council Member, Mountain View
Antonio Vazquez, Mayor Pro Tern, Santa Monica
Allkson Villarante, City Clerk, Vallejo
Mary Louise Vivier, Council Member, Visalia
Dal Williams, Mayor Pro Tern, Vista
Al Yankey, Mayor Pro Tern, Chino
V. PRELIMINARY HISTORY OF RESOLUTIONS
Resolutions have been grouped by policy committees to which they have been
assigned Please note some resolutions have been assigned to more than one
committee. These resolutions are noted by this sign (,).
KEY TO REVIEWING BODIES
KEY TO ACTIONS TAKEN
1. Policy Committee - Preliminary
A - Approve
2. Policy Committee - Final
D - Disapprove+
3. General Resolutions Committee
N - No Action+
4. General Assembly R
- Refer to appropriate policy
committee for study+
ACTION AMPLIFICATION FOOTNOTES a - Amend
Subject matter covered in
another resolution
Policy Committee will make
recommendation at
October 17 meeting
Existing League policy
Aa - Amend and approve
Aaa- Approve with additional
amendment(s)
Ra - Amend and refer as amended to
appropriate policy committee
for study +
* * ** Local authority presently exists
Raa - Additional amendments and refer +
Da - Amend (for clarity or brevity) and
Disapprove +
Na - Amend (for clarity or brevity) and
take No Action+
W - Withdrawn by Sponsor+
+ - Except for initiated resolutions,
resolutions with this recommendation
from the General Resolutions Committee
are not reported on the floor of the
General Assembly.
vi
Number Key Word Inclcx Reviewing Body Action
COMMITTEE ON ADMINISTRATIVE SERVICES
1 2 3 4
1 Annual Conference Resolutions A
2 Policy Committee Appointment Process Aa
3 Absentee Voting A
4 Voter Registration A
5 Smoking in Public Places Aa
6 Hazardous Recreational Activities Aa***
COMMITFEE ON COMMUNITY SERVICES
1 2 3 4
,7 Americans With Disabilities Act R
,8 Alcohol Rehabilitation Programs Ra
9 Child Care Aa
10 City/School Collaboration Aa
11 Community Colleges Aa
12 Library Funding and Construction R
13 Library Funding and Construction Na
(~OMMITTEE ON EMPLOYEE RELATIONS
1 2 3 4
,7 Americans With Disabilities Act N
14 Domestic Partnership Health Insurance R
Coverage
vii
Number Key Word Index Reviewing Body Action
COMMIT'FEE ON ENVIRONMENTAL QUALITY
1 2 3 4
· 15 Timberland Acquisition **
16 Protection of Open Space **
17 Sustainable Communities .. Aa
18 Wastewater Treatment Plants R
COMMI'ITEE ON HOUSING. COMMUNITY AND ECONOMIC DEVELOPMENT
1 2 3 4
,15 Timberland Acquisition D
19 Economic Development Aa
20 Employment Training A
21 'Wry American Day" N
22 Reuse of U.S. Military Facilities W
23 Affordable Housing Aa
24 Assisted Housing Programs Da**
25 Group Home Facilities Aa
26 Residential Care Facilities Aa
27 Mobilehome Parks Act Na** *
28 Emergency Instructions R
29 Emergency Instructions R
COMM1TFEE ON PUBLIC SAFETY
1 2 3 4
,8 Alcohol Rehabilitation Programs D
30 Hand Guns and Assault-Type Weapons a**
31 Residential Fire Sprinkler Systems A
32 Emergency Medical Technicians A
33 Organ Donor Body Searches A
viii
Number Key Word Index Reviewing Body Action
COMMITI'EE ON REVENUE AND TAXATION
1 2 3 4
34 State General Obligation Bonds Aa
35 State Constitutional Convention A
36 Funding of Cities D
,, ,
37 State Spending Audit '- Aa
38 State and Federal Mandate Relief N
39 Federal Mandate Relief Act of 1993 A
40 Interest-Free Federal Loans to State and
Local Governments N
41 Gaming Activities Aa
,
COMMITTEE ON TRANSPORTATION AND PUBLIC WORKS
1 2 3 4
42 ] Alte .rnative.,Fu. el Vehicles I I, I I
RESOLUTIONS INITIATED BY PETITION
Resolution General
Committee Assembly
Recommendation Action
VI. ANNUAL CONFERENCE RESOLUTIONS
Resolutions Referred to Committee on Administrative Services
.
RESOLUTION RELATING TO LEAGUE ANNUAL CONFERENCE
RESOLUTIONS
,.
Source: Board of Directors
Referred to: Committee on Administrative Services
Preliminary Recommendation to Resolutions Committee: Approve
Final Recommendation to Resolutions Committee:
WHEREAS, the League Bylaws direct that Annual Conference resolutions be
received no later than 45 days in advance of the Annual Conference; and
WHEREAS, after the resolutions are received, League policy committees meet and
make preliminary recommendations on the resolutions; and
WHEREAS, after review by the committees, the resolutions packet, complete with
the preliminary actions of League policy committees, is sent to each city; and
WHEREAS, city officials have expressed a desire for more time to review the Annual
Conference resolutions packet; and
WHEREAS, the current time frame does not allow adequate time for city officials
to review the resolutions prior to the Annual Conference; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled
in Annual Conference in San Francisco, October 19, 1993, that the League Bylaws be
amended as follows:
ARTICLE VIII - Section 5.
(b). Procedure for Review.
Resolutions shall originate from city officials, the regional divisions, departments,
policy committees, or Board of Directors or by means of being included in a petition signed
by designated voting delegates of ten percent (10%) of the number of member cities.
Except for resolutions presented directly to the President of the League contained in a
petition signed by designated voting delegates of ten percent (10%) of the number of
member cities, all resolutions shall be submitted to the Resolutions Committee, at the
League office, not later than e...,..
,,,,,j-1 .... ., ,,,,jo sixty (60) days prior to the opening general
session of the Annual Conference. All resolutions submitted to the Resolutions Committee
shall be referred by the President to an appropriate policy committee for review and
recommendation prior to the opening general session of the Annual Conference, and such
resolutions with recommendations shall be reported to the Committee on Resolutions at the
Annual Conference.
e
RESOLUTION RELATING TO POLICY COMMITFEE APPOINTMENT
PROCESS
Source: Redwood Empire Division
Referred to: Committee on Administrative Services
Preliminary Recommendation to Resolutions Committee: Amend and approve
Final Recommendation to Resolutions Committee:
WHEREAS, League of California Cities policy committees are designed to study and
evaluate issues affecting cities; and
WHEREAS, it is vital that these evaluations represent a balanced view of member
cities; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled
in Annual Conference in San Francisco, October 19, 1993, that policy committee
appointments be reevaluated each year on an individual basis.
3. RESOLUTION RELATING TO ABSENTEE VOTING
Source: Committee on Administrative Services
Referre0 tO: Committee on Administrative Services
Preliminary Recommendation to Resolutions Committee:
Final Recommendation to Resolutions Committee:
Approve
WHEREAS, assessing the current level of absentee voting in cities and identifying
areas for legislative reform were adopted as part of the Administrative Services Policy
Committee Work Program for 1991-92 and 1992-93; and
WHEREAS, the members of the Committee on Administrative Services have held
numerous discussions and expressed concerns regarding the increased use of the absentee
ballot, receipt of duplicate applications, high processing costs, possible cancellation of
reimbursement by the state and the integrity of the process; and
WHEREAS, the city clerk members of the Committee on Administrative Services
conducted a survey among California city clerks to ascertain specific areas of concern and
the extent of those concerns throughout the state; and
WHEREAS, the survey indicated that use of abSentee ballots continues to increase
due to convenience for voters, greater circulation of applications by campaign committees
and a heightened awareness of the availability of the process; and
WHEREAS, the survey related' concerns with the high cost of processing applications,
duplicate requests, third-party involvement in the application process, and the receipt of
applications from non-registered individuals; and
WHEREAS, the absentee ballot process is mandated by the state and reimbursement
of costs should be assured; now, therefore be it
RESOLVED, by the General Assembly of the League of California Cities assembled
in Annual Conference in San Francisco, October 19, 1993, that the League support
Continued state reimbursement of absentee ballot processing costs and support legislation
to strengthen the enforcement of the statutes to ensure the integrity of the process.
.
RESOLUTION RELATING TO VOTER REGISTRATION
Source: Committee on Administrative Services
Referred to: Committee on Administrative Services
Preliminary Recommendation to Resolutions Committee:_
Final Recommendation to Resolutions Committee:
Approve
WHEREAS, consideration of alternative approaches to a positive purge of the voter
registration rolls was adopted as part of the Committee on Administrative Services Work
Program for 1991-92 and 1992-93; and
WHEREAS, the members of the Committee on Administrative Services have held
numerous discussions and identified personal and community concerns regarding the voter
registration process; and
WHEREAS, Committee members cited specific concerns with names on the voter
rolls perceived to be ineligible to vote such as: voter moved, not residing in area, passed
away, or non-citizen; and
WHEREAS, the city clerk members of the Committee, in light of concerns expressed,
conducted a survey among California city clerks to determine the extent of such voter
inaccuracies within the state; and
WHEREAS, the survey revealed that information'related tO complaints and voter
status gathered by city clerks is forwarded to the county clerks or registrars of voters since
responsibility for voter registration and voter records is within the purview of the counties;
and
WHEREAS, the federal government recently enacted H.R. 2 ("Motor Voter"), which
supersedes state law and expands voter registration services, including procedures for
purging voter records; and
WHEREAS, AB 271, a measure to implement provisions of "Motor Voter" at the
state level is being considered, and an amendment to AB 271, which would provide a
residency confirmation purge, has been proposed by a subcommittee of county clerks; now,
therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled
in Annual Conference in San Francisco, October 19, 1993, that the League support AB 271
if amended as proposed by the county clerks, and other legislation that provides a regular,
systematic purge of voter rolls to facilitate voter registration and to strengthen the integrity
of the registration process.
5. RESOLUTION RELATING TO SMOKING IN PUBLIC PLACES
Source: Los Angeles County Division
Referred to: Committee on Administrative Services
Preliminary Recommendation to Resolutions Committee:
Final Recommendation to Resolutions Committee:
Amend and approve
WHEREAS, it is generally recognized that smoking and second-hand smoke is
hazardous to the public health; and
WHEREAS, second-hand smoke is a major source of such indoor pollutants as
benzene and carbon monoxide, both of which are also harmful to the public health; and
WHEREAS, for many individuals second-hand smoke is found in the workplace
resulting in employee's discomfort and exposure to a known health hazard; and
WHEREAS, protecting the public health is best accomplished by prohibiting smoking
in all buildings and facilities open to the public and in the workplace on a statewide level;
now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled
in Annual Conference in San Francisco, October 19, 1993, that the League continue to
support legislation that would prohibit smoking in all buildings and facilities open to the
public and in the workplace, as long as such legislation does not preempt existing stronger
ordinances or the ability of cities to enact stricter local ordinances; and continue to oppose
legislation that preempts the ability of local government to enact stricter smoking and
tobacco control ordinances; and be it further
RESOLVED, that the League of California Cities request the National League of
Cities to support similar restrictive legislation at the national level and support federal
legislation to eliminate federal subsidy of and price supports for tobacco products.
6. RESOLUTION RELATING TO HAZARDOUS RECREATIONAL ACTIVITIES
Source: City of Carlsbad
Referred to: Committee on Administrative Services
Preliminary Recommendation to Resolutions Committee: Existing League Policy_:
Amend and approve
Final Recommendation to Resolutions Committee:
WHEREAS, cities have consistently attempted to provide safe recreational
opportunities for their residents; and
WHEREAS, skateboarding is a popular recreational activity; and
WHEREAS, current state law does not specifically include skateboarding as a
hazardous recreational activity form which public entities and public employees are exempt
from liability; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled
in Annual Conference in San Francisco, October 19, 1993, that the League continue to
support legislation amending Government Code Section 831.7 to add the word
"skateboarding" as a hazardous recreational activity.
Resolutions Referred tO Committee on Community Services
,7. RESOLUTION RELATING TO AMERICANS WITH DISABILITIES ACT
Source: Committee on Community Services
Referred to: Committees on Community Services, and Employee Relations
Recommendation to Resolutions Committee: Preliminary Final
Committee on Community Services Refer to appropriate
policy committee for
study.
Commi~;tee on Employee Relations
No Action
Final Recommendation to Resolutions Committee:
WHEREAS, some 43 million Americans have one or more physical or mental
disabilities, and this number is increasing as the population as a whole is growing older; and
WHEREAS, historically, society has tended to isolate and segregate individuals with
disabilities, and, despite some improvements, such forms of discrimination against
individuals with disabilities continue to be a serious and persuasive social problem; and
WHEREAS, discrimination against individuals with disabilities persists in such critical
areas as employment, housing, public accommodations, education, transportation,
communication, recreation, institutionalization, health services, voting, and access to public
services; and
WHEREAS, unlike individuals who have experienced discrimination on the basis of
race, color, sex, national origin, religion, or age, individuals who have experienced
discrimination on the basis of disability have often had no legal recourse to redress such
discrimination; and
,.
WHEREAS, individuals with disabilities continually encounter various forms of
discrimination, including outright intentional exclusion, the discriminatory effects of
architectural, transportation, and communication barriers, over-protective rules and policies,
failure to make modifications to existing facilities and practices, exclusionary qualification
standards and criteria, segregation, and relegation to lesser services, programs, activities,
benefits, jobs, or other opportunities; and
WHEREAS, census data, national polls, and other studies have documented that
people with disabilities, as a group, occupy an inferior status in our society, and are severely
disadvantaged socially, vocationally, economically, and educationally; and
WHEREAS, individuals with disabilities are a discrete and insular minority who have
been faced with stereotypic assumptions not truly indicative of the individual ability of such
individuals to participate in, and contribute to, society; and
WHEREAS, the state's proper goals regarding individuals with disabilities are to
assure equality of opportunity, full participation, independent living, and economic self-
sufficiency for such individuals; and
WHEREAS, the continuing existence of unfair and unnecessary discrimination and
prejudice denies people with disabilities the opportunity to compete on an equal basis and
to pursue those opportunities for which our free society is justifiably famous, and costs
taxpayers billions of dollars in unnecessary expenses resulting from dependency and
nonproductivity; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled
in Annual Conference in San Francisco, October 19, 1993, that the League fully support the
spirit and intent of the federal Americans With Disabilities Act and related state regulations
in the assimilation of people with disabilities into the full range of activities of life.
,8.
RESOLUTION RELATING TO ALCOHOL REHABILITATION PROGRAMS
Source:
Referred to:
Recommendation to Resolutions Committee:
Committee on Community Services
Committee on Community Services
Committees on Community Services and Public Safety
Preliminary
Amend and Refer as
amended to appropriate
policy committee
for study.
Final
Committee on Public Safety
Disapprove
Final Recommendation to Resolutions Committee:
WHEREAS, it would benefit cities to develop a more constructive alternative for
people arrested for public inebriation and driving under the influence of alcohol; and
WHEREAS, in providing an alternative to jail, the treatment goals of the program
should be to conduct substance abuse assessments, make available substance abuse
information and education materials to all clients, and facilitate successful recovery referrals
for clients; and
WHEREAS, under a program such as this, persons accused of drunk driving or public
inebriation would be issued citations and admitted to a treatment facility, but not booked
into a county jail, thus reducing booking fees and time spent by peace officers booking
arrestees into county jail; and
WHEREAS, this specific program should provide an opportunity to take a closer
look at the population of people arrested for public inebriation and drunk driving; and
WHEREAS, a more constructive alternative presents the possibility of a positive
outcome for the individual and the community by lessening the lost human potential, as well
as reducing the costs that are associated with alcohol abuse; and
WHEREAS, peace officers bringing persons charged with violation of Section 23152
of the California Vehicle Code and/or Section 647(0 of the California Penal Code, who
otherwise would qualify to receive a citation in lieu of arrest, should be encouraged into
such a program where appropriate; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled
in Annual Conference in San Francisco, October 19, 1993, that the League support
legislation and state funding for diversion programs that provide an alternative to jail and
more constructively address substance abuse.
9. RESOLUTION RELATING TO CHILD CARE
Source: Committee on Community Services and Recreation, Parks and
Community Services Department
Referred to: Committee on Community Services
Preliminary Recommendation to Resolutions Committee: Amen0 and approve
Final Recommendation to Resolutions Committee:
WHEREAS, the welfare of children, our ambassadors to the future and emissaries
of our history and culture, is of critical importance to every citizen and parent; and
WHEREAS, raising children in a safe, attentive, and nurturing environment
challenges parents and members of the community as a whole, and requires the
concentration and collaboration of public and private organizations; and
WHEREAS, the economic stability of California's cities and citizens depends upon
the accessibility of affordable child care facilities; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled
in Annual Conference in San Francisco, October 19, 1993, that the League urge the
Governor's leadership in the establishment of economic incentives for cities throughout the
state that develop child care facilities to support their economic infrastructures; and be it
further
RESOLVED, that the League support legislation and encourage cooperation between
government agencies to eliminate barriers to public/private partnerships that could assist
in the planning, financing, and implementation of such child care facility developments.
10. RESOLUTION RELATING TO CITY/SCHOOL COLLABORATION
Source: Committee on Community Services and Recreation, Parks and
Community Services Department
Referred to: Committee on Community Services
Preliminary Recommendation to Resolutions Committee: Amend and approve
Final Recommendation to Resolutions Committee:
WHEREAS, the fiscal and social crises facing our cities challenge our traditional
approaches, and new paradigms must be developed to respond to human needs and fiscal
realities; and
WHEREAS, the opportunity for new models is being demonstrated by various
municipalities by forming partnerships with schools to share services--financial, personnel,
information, joint use of facilities, and/or maintenance-to meet the ever-increasing needs
of our children and dwindling resources; and
WHEREAS, cities providing supervised recreation and other activities during non-
school hours can have a very direct and positive influence upon youthful attitudes and
direction; and
WHEREAS, a combined city/school effort to eliminate drugs and gangs can only
serve to more efficiently educate and promote drug-free and gang-free behavior; now,
therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled
in Annual Conference in San Francisco, October 19, 1993, that the League urge the
Governor's leadership in the development of legislation that will promote partnerships
between municipalities and school districts; and be if further
RESOLVED, that the League support legislation and encourage collaboration
between governmental agencies to eliminate barriers to public partnerships that could
provide youth services without duplication of expense and facilities.
11. RESOLUTION RELATING TO COMMUNITY COLLEGES
Source: City of Paso Robles
Referred to: Committee on Community Services
Preliminary Recommendation to Resolutions Committee:
Final Recommendation to Resolutions Committee:
Amend and approve
WHEREAS, community colleges serve Californian's higher education, vocational,
remedial, and other special education needs; and
WHEREAS, community colleges are uniquely structured and located to serve local
communities; and
WHEREAS, community colleges seek to fulfill the evolving educational needs of the
communities they serve; and
WHEREAS, community college districts encompass sizeable geographic areas, thus
compromising their ability to deliver traditional curriculum in a cost-effective manner; and
WHEREAS, current and evolving communications 'and computer technology can
accommodate the delivery of educational services to distant sites with minimal infrastructure
investment; and
WHEREAS, these technologies can provide for interactive learning closely replicating
the traditional classroom experience; and
WHEREAS, California's local communities and businesses can benefit from
increased access to educational opportunities in their own neighborhoods; and
WHEREAS, such local delivery provides expanded educational opportunities without
the high cost of physical plant and campus development; and
WHEREAS, the California economy requires both retraining and expanded
knowledge and training of its workforce to recover and compete in the future; and
WHEREAS, community colleges are precluded from offering telecourses for anything
but college transfer credit; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled
in Annual Conference in San Francisco, October 19, 1993, that the League support
legislation to expand community college telecourse offerings beyond current limitations of
general education and transfer course curricula, to establish and operate distance learning
centers, and to extend vocational, remedial, and general education to communities through
interactive telecourse technologies.
12. RESOLUTION RELATING TO LIBRARY FUNDING AND CONSTRUCTION
Source: Committee on Community Services
Referred to: Committee on Community Services
Preliminary Recommendation to Resolutions Committee:
policy, committee for study
Final Recommendation to Resolutions Committee:
Refer to appropriate
WHEREAS, every member of a community benefits from quality local libraries; and
WHEREAS, all governmental units must operate within extremely scarce financial
resources and limited personnel services; and
WHEREAS, local governmental units, such as cities, counties, school districts, special
districts, etc., share common goals that potentially could be accomplished by working
fogether through creative partnerships; and
WHEREAS, legislation exists restricting interjurisdictional partnerships or making
the process extremely prohibitive; and
WHEREAS, drafters of legislation should consider special awareness of partnership
possibilities to facilitate cooperative efforts; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled
in Annual Conference in San Francisco, October 19, 1993, that the League urge the State
Legislature to support local government by promoting, not restricting, cooperative
partnerships in the effort to construct and fund local libraries.
10
13.
RESOLUTION RELATING .TO LIBRARY FUNDING AND MANAGEMENT
.Source: Committee on Community Services
Referred to: Committee on Community Services
Preliminary Recommendation to Resolutions Committee: Amend and take No Action
Final Recommendation to Resolutions Committee:
WHEREAS, local governmental units, such as cities, counties, school districts, and
special districts all share common goals of providing every member of the community
quality, local libraries; and
WHEREAS, legislation now exists restricting local interjurisdictional partnerships,
local control, and local policy decision-making, thereby creating an extremely prohibitive
process; and
WHEREAS, special awareness of these potential partnership possibilities while
drafting legislation could ease the formation or either current or future cooperative efforts;
and
WHEREAS, the current library system has undergone dramatic changes, yet the
county-free library system established in 1911 has not been modified to meet the needs of
new emerging local libraries; and
WHEREAS, local government must be empowered to be responsive to the diverse
community makeup and the changing demands of each city; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled
in Annual Conference in San Francisco, October 19, 1993, that the League urge the State
Legislature to support local government by specifically changing Chapter 6, Article 3,
Section 19160, Part A, of the Education Code to allow each member city to have a vote on
the library governing body as a duly appointed member.
Resolutions Referred to Committee on Employee Relations
,7.
RESOLUTION RELATING TO AMERICANS WITH DISABILITIES ACT Jointly
referred - See Resolution #7 in Community Services for recommendation of both
Committees.
11
14.
RESOLUTION RELATING
INSURANCE COVERAGE
TO DOMESTIC
PARTNERSHIP
HEALTH
Source: City of West Hollywood
Referred 1;o: Committee on Employee Relations
Preliminary Recommendation to Resolutions Committee:
policy_ committee for study
Final Recommendation to Resolutions Committee:
Refer to appropriate
WHEREAS, the California Insurance Commissioner has called for insurers to end
discrimination based on marital status and extend health insurance to domestic partners of
employees on the same terms that is made available to other dependents; and
WHEREAS, there are currently estimated to be at least 4.2 million households in
the United States made up of unmarried couples, some with children; and
WHEREAS, domestic partner status is recognized by at least 136 major employers,
including 53 public agencies, of which 16 are California counties, cities or special districts,
including Los Angeles, San Francisco, Berkeley, Laguna Beach, and West Hollywood; and
WHEREAS, claims and other costs associated with health insurance of domestic
partners are as low or lower than that of other categories of employee dependents within
those agencies, which currently provide such insurance; and
WHEREAS, many California public agencies participate in the PERS health care
program for provision of group health care benefits; and
WHEREAS, at least five medical care providers currently contracting with the PERS
health care program recognize and provide coverage for recognized domestic partners in
subscribing employee group health programs; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled
in Annual Conference in San Francisco, October 19, 1993, that the League support
legislation amending the Public Employees Medical Health Care Act; and be it further
RESOLVED, that the League urge the PERS Board of Directors to amend the
PERS health care program to allow for domestic partnership health insurance coverage for
those contracting agencies that wish to obtain this option for their employees, under the
same terms applicable to other employee dependents.
12
Resolutions Referred to Committee on Environmental Quality
15. RESOLUTION RELATING TO TIMBERLAND ACQUISITION
Source: Redwood Empire Division
Referred to: Committees on Environmental Quality and
Community and Economic Development
Recommendation to Resolutions Committee: Preliminary
Committee on Environmental QUality Policy Committee will
make recommendation at
Oct. 17 meeting
Housing,
Final
Committee on HCED
Disapprove
Final Recommendation to Resolutions Committee:
WHEREAS, Congressmen Don Hamburg and Pete Stark are calling for the taking
by the U.S. Government of 45,000 acres of commercial timberland, most of which is owned
by the region's largest timber industry employer, the Pacific Lumber Company, and which
represents about one-fourth of the company's forests; and
WHEREAS, the Redwood Empire Division supports programs which balance
environmental and economic concerns that benefit all segments of Northern California
communities; and
WHEREAS, rural communities in the North Coast region of California are
dependent on responsible development of natural resources that sustain our local
economies; and
WHEREAS, the economic impact of this proposed legislation will devastate the
North .Coast timber industry and business community, dramatically increase unemployment,
and reduce local governments' ability to generate sales tax revenue at a time when public
services are most needed; and
WHEREAS, the economic opportunities are declining for citizens normally employed
in resource based industries due to government purchase, government regulations and
general decline in the economy of the State of California; and
WHEREAS, California North Coast forests are the most productive timber growing
regions in our nation, and are regulated by the most environmentally sensitive harvest laws
in the world; and
WHEREAS, California requires harvested areas to be restocked at the rate of
approximately six trees planted for every tree harvested in order that future generations may
enjoy timber recreation and commodities; and
13
WHEREAS, 12 million acres, or 12 percent of California's total land base, are
preserved in parks, wilderness and other land reserves; of this set-aside 255,000 acres are
Coastal Redwood timberlands; given this fact, Redwood forests have been preserved for
future generations; and
WHEREAS, the U.S. Government cannot afford such a seizure of 45,000 acres of
privately-owned property given the economic federal deficit; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled
in Annual Conference in San Francisco, October 19, 1993, that the League urges opposition
to Congressmen Hamburg and Stark's proposal and directs copies of this resolution to be
transmitted to members of the Congress Interior Subcommittee on National Parks and
Public Lands and the County Boards of Supervisors.
16. RESOLUTION RELATING TO PROTECTION OF OPEN SPACE
Source: Recreation, Parks, and Community Services Department
Referred to: Committee on Environmental Quality
Preliminary Recommendation to Resolutions Committee: Policy Committee will
make recommendation at Oct. 17 meeting
Final Recommendation to Resolutions Cgmmittee:
WHEREAS, the State of California's population is increasing by an estimated
650,000 people annually; and
WHEREAS, existing and forecasted growth pressures will result in increased
competition between land for development and land for open space, particularly in urban
areas; and
WHEREAS, continuing depletion of open space will have devastating, long-term and
irreversible effects on wildlife and vegetative habitats, air quality, watersheds, recreational
opportunities, global warming, and quality of human life; and
WHEREAS, the people of the United States and citizens of California are making
a substantial commitment to our national resources through acquisition, ownership, and
management of real property; and
WHEREAS, due to severe financial constraints now being experienced at all levels
of government, many acres of publicly-owned, environmentally sensitive habitat and valuable
open space is inadequately protected for preservation against mounting pressures for new
and incompatible development; and
WHEREAS, some valuable properties in natiOnal and state ownership are in danger
of being lost through land sales, transfers or exchanges; and
14
WHEREAS, open space land once conveyed out of public ownership is irretrievably
lost and overburdens those areas that remain under public ownership, including national
parks, national forests, state parks, and regional parks and recreational facilities; now,
therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled
in Annual Conference in San Francisco, October 19, 1993, that the federal and state public
policy should be to preserve existing publicly-owned open space lands and environmental
resources, especially urban and urbanized areas, not for conversion to uses that are not
compatible with preservation, conservation or public enjoyment; and be it further
RESOLVED, that the League support legislation to provide funding sources for
acquisition and preservation of open space by the federal, state, and local governments.
17.
and
RESOLUTION RELATING TO SUSTAINABLE COMMUNITIES
Source: Los Angeles County Division
Referred to: Committee on Environmental Quality
Preliminary Recommendation to Resolutions Committee: Amend and approve
Final Recommendation to Resolutions Committee:
WHEREAS, it is recognized that we live in a period of great environmental crisis;
WHEREAS, we need to create the basis for a more sustainable way of life, both in
California and globally, through wise stewardship of our natural environment and prevention
of harm to human health; and
WHEREAS, our impact on the natural environment must not jeopardize the
prospects of future generations, balanced with the needs of economic growth; and
WHEREAS, environmental quality and economic health are mutually dependent, and
a healthy environment cannot be achieved if inequitable burdens are placed on any one
ethnic, geographic, or economic sector of the population; and
WHEREAS, policies and programs must recognize the inter-connections between
different environmental problems, and solutions should be based on an evaluation
of true long-term costs and benefits, not just those of the current market; and
WHEREAS, communities must somehow learn to achieve the markets that promote
both conservation and economic growth; and
WHEREAS, our society and economy cannot be sustained at our current level of
natural resource consumption and environmental pollution; now, therefore, be it
15
RESOLVED, by the General Assembly of the League of California Cities assembled
in Annual Conference in San Francisco, October 19, 1993, that the League encourage the
following:
Creation of Sustainable Community programs in California cities through the
participation of all segments of the respective communities,
e
Regional efforts to adopt policies and programs based on the concept of
sustainability to ensure the future well-being of our natural and human
resources, and
e
Participation of California cities in new forums/organizations to promote and
implement sustainable policies.
18. RESOLUTION RELATING TO WASTEWATER TREATMENT PLANTS
Source: City of Palo Alto and Peninsula Division
Referred to: Committee on Environmental Quality
Preliminary Recommendation to Resolutions Committee: Refer ~;o appropriate policy.
committee for study
Final Recommendation to Resolutions Committee:
WHEREAS, California's cities are facing increasingly stringent discharge standards
for publicly-owned treatment works (POTWs); and
WHEREAS, identification of all sources of pollutants, methods of control, and costs
of control measures is essential; and
WHEREAS, control of many sources goes beyond the legal, technical, and financial
capabilities of cities; and
WHEREAS, cities are not the most appropriate governmental entities to control or
regulate certain pollutant sources; and
WHEREAS, California cities and the League of California Cities have engaged in
discussions with other agencies, including the California Association of Sanitation Agencies
and environmental advocacy organizations, to resolve these issues; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled
in Annual Conference in San Francisco, October 19, 1993, that the League support
legislation to develop watershed management plans for the efficient, effective, reasonable
and equitable control of pollutants discharged to surface waters of the state; and be it
further
16
RESOLVED, that the LeagUe encourage the development of reasonable control
measures by other governmental entities for sour, ces which cities are not the most
appropriate regulators.
Resolutions Referred to Committee on Housing, Community_ and Economic Development
,15.
RESOLUTION RELATING TO TIMBERLAND ACQUISITION Jointly referred -
See Resolution # 15 in Environmental Quality Committee for recommendations of
both Committees.
19. RESOLUTION RELATING TO ECONOMIC DEVELOPMENT
Soorc¢: City of Sunnyvale and Peninsula Division
Referred to: Committee on Housing, Community and Economic Development
Preliminary Recommendation to Resolutions Committee:. Amend and approve
Final Recommendation to Resolutions Committee:
WHEREAS, cities in California are confronted with revenue shortages, loss of
businesses due to defense cutback impacts, high unemployment; and
WHEREAS, the loss of jobs will contribute to foreclosure on property aggravating
the revenue shortage and causing property values to fall further; and
WHEREAS, more and more cities are striving for balanced and healthy communities
and are necessarily becoming involved in economic development through public-private
partnerships by developing customized strategies for their cities; and
WHEREAS, there is an existing network of economic development resources in place
to assist cities that can be made available to cities; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled
in Annual Conference in San Francisco, October 19, 1993, that the League:
1. Reemphasize the role in economic development by working substantially and
collaboratively with existing organizations, including, but not limited to, Community College
Ed Net, Western Job Training Partnership Association (WJTPA), California Association for
Local Economic Development (CALED), and California Redevelopment Association
(CRA); and
2. Continue to take a proactive role in providing for economic development training,
information and assistance for policy-makers programs at the Annual Conference, encourage
sponsorship or cooperative regional economic development forums, and co-sponsorship of
workshops and forums by working with existing economic development organizations; and
17
3. Continue to actively participate in economic development legislation and work
with CALED in pursuing programs through the State Legislature and Congress; and
4. Conduct a survey of California cities' economic development activities and provide
regular reporting in Western City, and other related magazines, on success stories and
experiences with economic development programs; and
5. Establish economic development as a couplet to statewide fiscal restructuring as
a means to increase revenue sufficiently to enable restructure.
20. RESOLUTION RELATING TO EMPLOYMENT TRAINING
Source: City of Sunnyvale and Peninsula Division
Referred to: Committee on Housing, Community and Economic Development
Preliminary Recommendation to Resolutions Committee: Approve
Final Recommendation to Resolutions Committee:
WHEREAS, Service Delivery Areas and Private Industry Councils designated under
the Job Training Partnership Act are the national delivery system for employment training
services; and
WHEREAS, the public/private partnerships created by Private Industry Councils and
Chief Elected Officials provide local autonomy, flexibility and accountability in developing
and operating employment training programs that address existing and emerging business
and community needs; and
WHEREAS, Private Industry Councils in California have demonstrated for over ten
years their ability to develop effective employment training policies; and
WHEREAS, California's Service Delivery Areas have received national recognition
for their leadership, innovative programs and services, and ability to produce an exemplary
return on the invested resources; and
WHEREAS, employment training resources are a critical component of local
economic development efforts; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled
in Annual Conference in San Francisco, October 19, 1993, that the League support the
following:
1. Development and implementation of a coordinated strategy to improve employer
access to federal, state and local employment training resources; and
2. Federal and state initiatives that augment the local autonomy of Job Training
Partnership Act service delivery areas; and
18
3. Capitalizing on the experience and success of the existing job training delivery
system developed through the Job Training Partnership Act by designating the partnership
of Private Industry Councils and Chief Elected Officials to be the leading mechanism for
the development and delivery of employment training services to youths and adults; and
4. Increasing the role of Private Industry Councils and Chief Elected Officials in
addressing workforce transition needs, in particular by developing "one-stop shopping"
systems for the employer and the job seeker, by increasing the availability of employment
training resources to serve all residents, and by providing leadership in forging new
partnerships with the other members of'the employment and training community.
21. RESOLUTION RELATING TO 'WRY AMERICAN DAY"
Source: Orange County Division
Referred to: Committee on Housing, Community and Economic Development
Preliminary Recommendation to Resolutions Committee: No Action
Final Recommendation to Resolutions Committee:
WHEREAS, the spirit of entrepreneurship, pride of craftsmanship, and commitment
to quality are recognized throughout the world, but many times overlooked right here in our
own country; and
WHEREAS, ~he creativity and ingenuity of business in the United States has
provided a host of new products and services that can improve the quality of life not only
in the United States, but the world; and
WHEREAS, our small businesses provide the basis for American progress and are
the engine that drives our economy by creating more jobs and opportunities for people in
every corner of America; and
WHEREAS, American products are a symbol of dedication to the principle of hard
work and excellence; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled
in Annual Conference in San Francisco, October 19, 1993, that the League designate each
Labor Day as 'Wry American Day" in the State of California.
19
22.
RESOLUTION RELATING TO THE REUSE OF U.S. MILITARY FACILITIES
(Resolution #22 was withdrawn by the sponsor.)
23. RESOLUTION RELATING TO AFFORDABLE HOUSING
Source: Inland Empire Division
Referred to: Committee on Homing, Community and Economic Development
Preliminary Recommendation to Resolutions Committee: Amend and approve
Final Recommendation to Resolutions Committee:
WHEREAS, Section 65580 to 65589 of the California Government Code describes
and defines the affordable housing requirements .associated with regional need; and
WHEREAS, units provided within group congregate care facilities are currently not
permitted to be counted towards five-year regional housing assignments; and
WHEREAS, Iow-moderate group congregate care facilities provide for senior housing
resulting in additional dwelling units that otherwise would be occupied for senior individuals
resulting in increased housing stock to a region; based on the existing demographics and
expanding life expectancy, the need for congregate care will become acute; and
WHEREAS, low-moderate group congregate care facilities can provide needed farm
worker housing resulting in an increased fiscal benefit to a region, while promoting the
health, safety, and general welfare of agriculture workers; and
WHEREAS, low-moderate group congregate care facilities often provide for a
preferred housing arrangement for disabled individuals who are in need of assistance with
cooking, cleaning, and other daily living tasks; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled
in Annual Conference in San Francisco, October 19, 1993, that the League support the
following:
1. Low-moderate income congregate housing provides for an important affordable
living opportunity and should be counted towards the municipal and county regional housing
needs assessment goals;
2. Low-moderate income congregate housing provides for affordable housing
opportunities that are consistent with the objectives of redevelopment, and as such, those
units should be counted towards the redevelopment agency requirements for affordable
housing.
20
24.
RESOLUTION RELATING TO ASSISTED HOUSING PROGRAMS
Source: City of Santa Clarita
Referred to: Committee on Housing, Community and Economic Development
Preliminary Recommendation to Resolutions Committee: Amend and Disapprove -
Policy Committee will make recommendation at October 17 meeting
Final Recommendation to Resolutions Committee:
WHEREAS, California cities have the ability to implement policies, strategies, and
programs, which demonstrate a city's commitment to the development and maintenance of
affordable housing within their communities; and
WHEREAS, cities receive community development block grant funds that are
targeted for the development and implementation of programs, which meet a city's
community and housing needs; and
WHEREAS, cities can develop specific programs that create home ownership
opportunities through low-cost revolving loans and equity sharing to increase the amount
of affordable housing and retain housing affordability for successive buyers and renters; and
WHEREAS, the League of California Cities supports equity sharing programs funded
by the CDBG program that are designed to limit the profit from resale to an amount
commensurate with a buyer's contribution and shall not result in undue profit resulting from
government subsidy; and
WHEREAS, the League of California Cities supports the use of any profits realized
as a result of government subsidy to be recirculated and made available for other equity
sharing participants; and
WHEREAS, the League of California Cities upholds the life changing impact and
social contributions that these programs bring to a community when participants experience
the pride of owning a home, stability, a sense of community, and a breaking away from the
cycle of poverty; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled
in Annual Conference in San Francisco, October 19, 1993, that the League support
amendments to the Community Development Block Grant guidelines to enable cities and
urban counties to increase the availability of affordable housing programs, including
programs for mortgage assistance through low-cost revolving loans and equity sharing; and
be it further
RESOLVED, that certified copies of this resolution shall be forwarded to each
member of the California Congressional Delegation, Secretary of Housing and Urban
Development, President Clinton, and the National League of Cities.
21
25. RESOLUTION RELATING TO GROUP HOME FACILITIES
Source: City of Inglewood
Referred to: Committee on Housing, Community and Economic Development
Preliminary Recommendation to Resolutions Committee: Amend and approve
Final Recommendation to Resolutions Committee:
WHEREAS, under state legislation local agencies have been preempted from
regulating the establishment, location, and operation of group homes within local
boundaries; and
WHEREAS, group home facilities have begun to concentrate in various residential
areas of some communities at a higher rate than in other communities with higher real
estate values; and
WHEREAS, the concentration of group homes in a specific area tend to cause
disharmony and have a downward effect upon property values; and
WHEREAS, it is unfair for a limited number of communities, based solely on
property values, to become the home to a larger percentage of residential community-based
treatment facilities than is found in more affluent neighboring communities; and
WHEREAS, local discretionary authority over the spacing between residential-based
treatment facilities and control over the design and operation of such facilities would enable
local authorities to reduce the impact of the unregulated concentration of such facilities
within a specific city or neighborhood; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled
in Annual Conference in San Francisco, October 19, 1993, that the League support
legislation that permits increased city review and land-use control of group home facilities,
specifically the number of facilities located within a specified distance from one another.
26. RESOLUTION RELATING TO RESIDENTIAL CARE FACILITIES
Source: Los Angeles County Division
Referred to: Committee on Housing, Community and Economic Development
Preliminary Recommendation to Resolutions Committee: Amend and approve
Final Recommendation to Resolutions Committee:
WHEREAS, residential care facilities serve as a home for the care and supervision
of individuals with special needs; such as minors, the elderly, the mentally disordered, and
the developmentally disabled; and
WHEREAS, the California State Health and Safety Code specifically exempts
residential care facilities with six or fewer clients from local zoning codes; and
22
WHEREAS, this lack of local control limits the city and neighboring residents from
having input as to the location and type of residential care facilities; and
WHEREAS, this has resulted in certain neighborhoods having several residential care
facilities within close proximity of each other; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled
in Annual Conference in San Francisco, October 19, 1993, that the League support
legislation that permits increased city review and land-use control of residential care
facilities, specifically the number of facilities located within a specified distance from one
another.
27. RESOLUTION RELATING TO MOBI!~EHOME PARKS ACT
S0~rc¢: City of Escondido
Referred to: Committee on Housing, Community and Economic Development
Preliminary Recommendation to Resolutions Committee: Amend and take No
Action - Existing League policy
Final Recommendation to Resolutions Committee:
WHEREAS, the League of California Cities is an organization traditionally
supporting the concept of city government; and
WHEREAS, under Title 25 of the California Code of Regulations, every city and
county is required to enforce the Mobilehome Parks Act and regulations, which are adopted
pursuant thereto, relating to manufactured homes, mobilehomes, recreational vehicles, and
accessory buildings; and
WHEREAS, cities and counties have the ability to either accept or reject
enforcement authority of the Mobilehome Parks Act and its related regulations, but have
no ability or control over the nature and content of the provisions of the Mobilehome Parks
Act or its implementing regulations; and
WHEREAS, traditional zoning matters in mobilehome parks include regulating
setbacks, setting lot lines when coaches move in and out, establishing density of units traffic
and ensuring circulations and pedestrian safety, all of which are site-specific in nature and
which increases the importance of using local decision-making and local mechanisms, such
as citizen groups, planning process, professional staff, and planning commissions that already
exist; and
WHEREAS, there is a need to harmonize the need for local control, in site-specific
zoning matters, with the existing policies of state law that encourage uniform regulation
statewide; and ~
WHEREAS, the Mobilehome Parks Act is a uniform system of state regulations
established by non-elected officials; and
23
WHEREAS, because local jurisdictions have a greater responsibility than merely
"policing" state law, a process to enhance decision-maker accessibility and accountability
should be developed, a process that will benefit both park owners and residents; and
WHEREAS, it would be helpful to clarify the procedures that currently exist in
limited form, and the circumstances under which enforcement authority of state regulations
is transferred to and from local jurisdictions; and
WHEREAS, the General Assembly of the League of California Cities, assembled at
its Annual Conference in October, 1992, adopted a resolution by unanimous vote supporting
the aforementioned principles and strongly supporting legislation which would amend the
Mobilehomes Parks Act and its implementing regulations; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled
in Annual Conference in San Francisco, October 19, 1993, that the League continue to
support legislation to amend the Mobilehome Parks Act and its implementing regulations
to create a process that will enable cities and counties to have the ability to accept, modify,
or reject provisions of Title 25 of the California Code of Regulations as it pertains to land
use matters in mobilehome parks, based upon specific circumstances unique to the local
jurisdiction.
28. RESOLUTION RELATING TO EMERGENCY INSTRUCTIONS
Source: Los Angeles County Division
Referred to: Committee on Housing, Community and Economic Development
Preliminary Recommendation to Resolutions Committee: Refer to appropriate policy_
committee for study
Final Recommendation to Resolutions Committee:
WHEREAS, the Health and Safety Code currently requires owners of all high-rise
buildings, hotels, motels, and office buildings, two or more stories in height, to provide
emergency procedure information; and
WHEREAS, apartment buildings have a population which is transient in nature and
generally not adequately informed of the purposes for fire protection systems incorporated
into the buildings; and
WHEREAS, the National Fire Protection Association recognizes the necessity of
providing emergency instructions for each living unit in its code for safety to life (NEPA
101); and
WHEREAS, the information provided in the emergency instructions should not be
limited to occupancies where occupants work or only stay on a short-term basis; now,
therefore, be it
24
RESOLVED, by the General Assembly of the League of California Cities assembled
in Annual Conference in San Francisco, October 19, 1993, that the League support
legislation that would amend pertinent sections of State regulations in order to require the
posting of specific emergency procedures in apartment buildings, two or more stories in
height.
29.
RESOLUTION RELATING TO EMERGENCY INSTRUCTIONS
Source: Los Angeles County Division
Referred to: Committee on Housing Community and Economic Development
Preliminary Recommendation to Resolutions Committee: Refer to appropriate policy
committee for study
Final Recommendation to Resolutions Committee:
WHEREAS, the Health and Safety Code currently requires owners or operators of
all high-rise buildings, hotels, motels, and office buildings, two or more stories in height, to
provide emergency procedure information, including procedures for handicapped and
nonambulatory persons; and
WHEREAS, these same occupants are generally uninformed of fire and life safety
procedures in the event of a fire; and
WHEREAS, a significant number of occupants in many of the high-rise buildings,
hotels, motels, office buildings, and apartments, two or more stories in height, speak a
language other than English; and
WHEREAS, many of the operators of these buildings are generally not fluent in
more than one language or knowledgeable about fire and life safety issues and, therefore,
cannot adequately educate the tenants of these buildings on the importance of these issues;
and
WHEREAS, the National Fire Protection Association recognizes the necessity of
providing emergency instructions for each living unit in its nationally recognized code for
safety to life (NEPA 101); and
WHEREAS, the information provided in the emergency instructions should also
address long-term occupants and not be limited to occupants who work or reside on a short-
term basis; now, therefore, be it
RESOLVED, by the General Assembly of th~ League of California Cities assembled
in Annual Conference in San Francisco, October 19, 1993, that the League support
legislation that would amend pertinent sections of State regulations in order to require the
posting of specific emergency procedures in international signage or a language other than
English if a substantial number of occupants speak a language other than English.
25
Resolutions Referred to Committee on Public Safety
RESOLUTION RELATING TO ALCOHOL REHABILITATION PROGRAMS
Jointly referred - See Resolution #8 in Community Services for recommendations
of both Committees.
30. RESOLUTION RELATING TO HAND GUNS AND ASSAULT-TYPE WEAPONS
Source: Los Angeles County Division
Referred to: Committee on Public Safety
Preliminary Recommendation to Resolutions Committee: Amend - Policy_ Committee
to make recommendation at October 17. 1993 meeting.
Final Recommendation to Resolutions Committee:
WHEREAS, the use of all manner of firearms and assault weapons in commission
of mayhem in California and the nation continues to escalate in frequency and intensity of
violence; and
WHEREAS, the California legislation that was enacted in 1989 did restrict some sixty
specified military-style assault weapons, but does not apply to those not on the list; and
WHEREAS, countless "copy-cat" brands and designs of w~apons of high destruction
have been manufactured and sold since the 1989 legislation and are used in murderous
rampages such as the recent event in San Francisco; and
WHEREAS, gun violence claims more than 14,000 lives per year and continues
inexorably to increase that number; and
WHEREAS, firearms of every description are being manufactured at the rate of
more than two million per year, in addition to the estimated 200 million already in private
hands today; and
WHEREAS, these weapons of deadliness are easily, cheaply, and legally available
and increasingly used by deranged and vendetta-bound people; and
WHEREAS, these weapons are finding their way increasingly onto our school
campuses in the hands of young people, posing serious threats to students, teachers, and the
public; and
WHEREAS, California continues to be the seat of ever-increasing gun violence in
the home, workplace, schools, and streets; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled
in Annual Conference in San Francisco, October 19, 1993, that the League support and
26
encourage legislation to prohibit the manufacture, sale, and availability of military-style
assault weapons, regardless, of make, brand, or variety; and be it further
RESOLVED, that the League encourage the judiciary to mete out stricter sentencing
in convictions resulting from the use of firearms in commission of crimes, including juvenile
crimes; and be it further
RESOLVED, that the League encourage the National League of Cities to support
similar restrictive legislation at the national level.
31.
RESOLUTION RELATING TO RESIDENTIAL FIRE SPRINK!.ER SYSTEMS
Source: City of Santa Cruz
Referred to: Committee on Public Safety
Preliminary Recommendation to Resolutions Committee:
Final Recommendation to Resolutions Committee:
Approve
WHEREAS, the number of jurisdictions adopting requirements for installation of
single-family dwelling residential fire sprinkler systems continues to increase; and
WHEREAS, such systems with proper instruction are relatively simple to install; and
WHEREAS, Business and Professions Code Section 7044 allolvs an owner-builder
to install and construct any and all components of their own residence except fire sprinklers;
and
WHEREAS, the installation of many of those components, such as the electrical and
structural systems, can be more critical and technically complex than a single-family dwelling
residential fire sprinkler system; and
WHEREAS, the Attorney General's Office has rendered an opinion that "the
Legislature's use of 'notwithstanding any other provision of' the law,' in Business and
Professions Code Section 7026.12 takes precedence over the owner-builder exemption set
forth in Section 7044;" and
WHEREAS, it was not the intent of the legislation's sponsor to preclude owner-
builders from installing their own single-family dwelling residential fire sprinkler systems;
now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled
in Annual Conference in San Francisco, October 19, 1993, that the League pursue legislation
to delete the phrase "notwithstanding any other provision of the law" from Business and
Professions Code Section 7026.12 in order to allow owner-builders to prepare plans and to
install their own single-family dwelling residential fire sprinkler systems.
27
32.
RESOLUTION RELATING TO EMERGENCY MEDICAL TECHNICIANS
Source: Los Angeles County Division
Referred to: Committee on Public Safety
Preliminary Recommendation to Resolutions Committee:
Final Recommendation to Resolutions Committee:
Approve
WHEREAS, Division 2.5 of the Health and Safety Code, authorizes the State
Emergency Medical Services Authority to establish the standards for recertification of all
prehospital personnel; and
WHEREAS, recertification for Emergency Medical Technician I (EMT-I) is currently
done on a two-year cycle in California; and
WHEREAS, EMT-I knowledge and performance are constantly monitored by the
State Emergency Medical Services Authority provider agencies; and
WHEREAS, cost-effectiveness would be maximized by changing the recertification
testing requirements for EMT-I from the current two years to four years as is now done for
paramedics; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled'
in Annual Conference in San Francisco, October 19, 1993, that the League support
legislation that would amend the appropriate Health and Safety Code sections to change the
two-year recertification testing requirements for continued service EMT-I to four years.
33.
RESOLUTION RELATING TO ORGAN DONOR BODY SEARCHES
,~u.r~: Los Angeles County Division
Referred to: Committee on Public Safety
Preliminary Recommendation to Resolutions Committee: Ar>r~r0ve
Final Recommendation to Resolutions Committee: --
WHEREAS, current law requires that fire fighters and paramedics conduct a
"reasonable" search of persons under their control who are at or near death for proof of
organ donation; and
WHEREAS, one of the primary reasons for this current provision was to save time
by determining the deceased as a donor; it is well known that when a person dies in a field
setting, the use of all body organs other than skin, bones, and corneas is precluded; and
WHEREAS, donor organs cannot be used., for transplant until the donor is
determined to be brain dead, but fire fighters and paramedics are not permitted to
determine brain death of a patient in a field setting; and
28
WHEREAS, it is medically recognized that donor determination is unnecessary until
the donor has reached a medical facility since brain death cannot be practically made until
that time; and
WHEREAS, in cases of homicide, searching a victim can disturb evidence in a crime
scene; and
WHEREAS, body searches may raise the specter of theft and lead to a negative
image of fire fighters and paramedics; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled
in Annual Conference in San Francisco, October 19, 1993, that the League support
legislation that would amend the Health and Safety Code dealing with organ donations to
delete organ donation verification searches by fire fighters and paramedics.
Resolutions Referred to Commigtee on Revenue and Taxation
34. RESOLUTION RELATING TO STATE GENERAL OBLIGATION BONDS
Source: Board of Directors
Referred to: Committee on Revenue and Taxation
Preliminary Recommendation to Resolutions Committee: Amend and approve
Final Recommendation to Resolutions Committee:
WHEREAS, a large number of proposals for state general obligation bonds have
been introduced in the Legislature which, if approved by the Legislature, would appear on
the June or November 1994 ballots; and
WHEREAS, in years past, when state and local financial conditions were better, the
League has generally supported state bonds that benefit local programs such as parks, clean
water, housing, libraries, prisons, transportation or school construction; and
WHEREAS, the League is concerned about the state undertaking additional bonded
debt during a time when the state has insufficient funds to meet ongoing state operations,
and is using local government revenues tO sustain state spending; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled
in Annual Conference in San Francisco, October 19, 1993, that the League oppose any state
general obligation bonds intended to finance the construction of capital facilities for which
there are insufficient resources identified to maintain and operate those facilities; and be
it further
RESOLVED, that working within this framework, the League may consider support
for the issuance of some state general obligation bonds on a case-by-case basis because they
29
may still be the least costly way to preserve irreplaceable resources, to secure essential
facilities, or to foster economic development.
35.
RESOLUTION RELATING TO A STATE CONSTITUTIONAL CONVENTION
Source: City of Santa Clarita
Referred to: Committee on Revenue and Taxation
Preliminary Recommendation to Resolutions Committee: Approve
Final Recommendation to Resolutions Committee:
WHEREAS, the State of California is in a financial crisis, and for the fifth
consecutive fiscal year is relying on revenue shifts from local governments to help balance
the state budget; and
WHEREAS, the initiative process has been used extensively in recent years by special
interests to amend the California Constitution, thus constraining the Legislature's ability to
respond to changing circumstances and public demand for services; and
WHEREAS, the California Constitution has ceased to be a fundamental, guiding
document outlining the framework of state government and now contains various provisions
which more appropriately belong in statute, rather than the Constitution; and
WHEREAS, since its adoption in 1879, the California Constitution has been
amended over 460 times in contrast to the United States Constitution, which has only been
amended 26 times since its ratification in 1789; and
WHEREAS, Article 18, Section 2 of the California Constitution requires that a
resolution to facilitate the calling of a State Constitutional Convention be approved by two-
thirds of the members of each house of the Legislature and approved by a majority of voters
at the next general election; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled
in Annual Conference in San Francisco, October 19, 1993, that the League urge the
Legislature to approve a resolution, to be submitted to the electorate, calling for a State
Constitutional Convention for purposes of rewriting the California Constitution, returning
its provisions to the basic concepts appropriate to a Constitution; and be it further
RESOLVED, that certified copies of this resolution shall be forwarded to members
of the California Legislature and Governor of the State of California.
30
36. RESOLUTION RELATING TO FUNDING OF CITIES
Source: Orange County Division
Referred to: Committee on Revenue and Taxation
Preliminary Recommendation to Resolutions Committee: Disapprgve
Final Recommendation to Resolutions Committee:
WHEREAS, the State of California authorized counties to assess cities for the
expense of booking prisoners and collecting and disbursing property tax impacting the ability
of cities to fund vital services; and
WHEREAS, during the present fiscal year, the State of California has taken various
sources of revenue from cities to be utilized for other purposes causing cities to reduce fire,
paramedic and police protection and further reduce other vital services; and
WHEREAS, the State of California indicates that it will increase the usurping of
cities' revenue, which has the potential of driving some cities out of business; and
WHEREAS, the State of California appears not to be making a serious effort to
reduce its expenditures; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled
in Annual Conference in San Francisco, October 19, 1993, that the League expend its effort
towards an initiative for a California Constitutional Amendment that will reserve for cities
the same percentage of each source of revenue that was going to the city in 1988. Excepted
from this requirement would be taxes approved by the voters for special purposes; and be
it' further
RESOLVED, that the amendment would require that any expenditures required of
cities by the State of California or any agency or authority thereof, after 1988, shall
hereafter be fully funded by the State of California; and be it further
RESOLVED, that the amendment would require that any and all fees and/or charges
authorized by the State of California, for cities to pay counties or any agency or authority
of the State of California that were not charged prior to 1988 shall hereafter be fully funded
by the State of California; and be it further
RESOLVED, that the amendment would contain a requirement that if any part of
the amendment was, for any reason, ruled invalid the remaining parts shall remain in full
force and effect.
31
37.
RESOLUTION RELATING TO STATE SPENDING AND PERFORMANCE
AUDIT
~IL¢_~: North Bay Division
Referred to: Committee on Revenue and Taxation
Preliminary Recommendation to Resolutions Committee: Amend and at~pr0ve
Final Recommendation to Resolutions Committee: -
WHEREAS, the size of the state government has grown as a direct result of an
increase in the population of the state; and
WHEREAS, the number and amount of services provided by the state has increased
commensurately; and
WHEREAS, such a monolithic system known as the California State Government can
and does overlap and duplicate services and expenses unless there is an on-going economic
system to control such unnecessary expenditures of the people's taxes; and
WHEREAS, there is no present system that protects the citizens of California from
needless and wasteful spending of tax dollars; and
WHEREAS, a recent action of the people of the State of California unknowingly
erased any opportunity to audit the state's actions on a yearly basis; and
WHEREAS, there has never been a total and complete audit of all the state's
expenditures in any single year; and
WHEREAS, our sister state, Texas, has successfully completed a thorough audit of
all state activities in less than five months in 1991, with a resulting on-going savings of $2.4
billion, and is presently conducting a year-long second audit that is projected to save at least
$4 billion; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled
in Annual Conference in San Francisco, October 19, 1993, that the League propose that the
State of California shall implement a complete review and audit of all state spending and
budgetary procedures; and be it further
RESOLVED, that the position of State Auditor, with proper funding, shall be
reinstated, and in accordance with this action the Auditor shall:
1. Challenge and question the basic assumptions underlying all state agencies and
the programs and services offered by the state to identify those that are vital to the best
interests of the people of the State of California and those that no longer meet that goal;
and
2. Conduct a complete review of all state agencies and all programs, services, and
activities operated by those agencies; and
32
3. Evaluate the efficiency with which state agencies operate under their jurisdictions
and fulfill the duties assigned to them by law; and
4. Determine the methods to maximize the amount of federal funds received by the
state for its programs in order to better ensure that the people of California receive a
greater share of the taxes levied on them by the federal government; and
5. Identify any state agency or any state program or service now offered by an agency
that can be eliminated or transferred to the private sector without injury to the public good
and/or well being; and
6. Make recommendations for the programs and the services the various state
agencies provide, as well as recommendations for the elimination of or reduction in funding
to various agencies, programs, or services based on the results of the performance audit
review; and
7. Make recommendations to the State Legislature as to amendments to statutory
and constitutional provisions that will improve the efficiency of state government, including,
if appropriate, recommendations on the reorganization or consolidation of state agencies;
and
8. The California State Auditor may require any state agency to assist in providing
information required to complete the duties under this Act, and each state agency shall fully
and completely cooperate with the Auditor in that regard; and
9. The Auditor may reference the Texas audit procedures developed for their state
audits with modifications that allow for California law.
38.
RESOLUTION RELATING TO STATE AND FEDERAL MANDATE RELIEF
Source: Redwood Empire Division
Referred to: Committee on Revenue and Taxation
Preliminary Recommendation to Resolutions Committee: No Action
Final Recommendation to Resolutions Committee:
WHEREAS, cities, counties, special districts, and school districts provide direct
services to citizens and their families through the State of California; and
WHEREAS, such services are provided through units of local government, rather
than directly by the State of California, in an effort to bring service delivery systems and
decision-making regarding those service delivery systems as close to the people they are
intended to serve as possible; and J
WHEREAS, the continued provision of such local services at levels historically
enjoyed by our communities has become impossible due to Congress and the State
Legislature annually enacting literally thousands of new laws and state and federal agencies
33
annually promulgating an even greater number of new or revised regulations, most of which
have an impact on and must be addressed by units of local government; and
WHEREAS, cities, counties, special districts, and school districts have reduced staff,
services, and programs so severely that maintaining compliance with the myriad of new laws,
regulations, and mandates imposed by the state is difficult at best, and for most units of
local government, no longer possible; and
WHEREAS, Congress and .the State Legislature continue to impose laws, adopt
statutes, and promulgate regulations that must be addressed by units of local government,
and '
WHEREAS, whether perceived as mandates or not by Congress and the State
Legislature, in reality such laws, statutes, and regulations are mandates relative to the
delivery of local program services; and
WHEREAS, the State Legislature has apparently recognized to some extent that
state actions do have impacts at the local level, but has failed to provide adequate relief to
units of local government from the continuing barrage of new legislation and accompanying
mandates and/or regulatory changes which must be implemented by units of local
government on an ongoing basis, and
WHEREAS, "l'he Federal Mandate Relief Act of 199Y' (H.R. 140) has recently been
introduced; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled
in Annual Conference in San Francisco, October 19, 1993, that the League demand:
1. Immediate relief from federal and state mandates, both current and future,
imposed upon units of local government;
2. That Congress and the California State Legislature take immediate and specific
action to provide such comprehensive relief;
3. That Congress and the State Legislature establish a moratorium on legislation,
excepting only legislation which by specific findings of the Legislature in enacting such
statutes is immediately critical to preserving the public health and safety and for which all
local services required and costs incurred, as a result of such legislation, are fully and
continuously funded directly by the federal government and State of California; and be it
further
RESOLVED, that the League of California Cities encourage the National League
of Cities to adopt a similar resolution supporting actions hereinabove stated.
34
39. RESOLUTION RELATING TO FEDERAL MANDATE RELIEF ACT OF 1993
Source: City of Petaluma
Referred ~;o: Committee on Revenue and Taxation
Preliminary Recommendation to Resolutions Committee:
Final Recommendation to Resolutions Committee:
Approve
WHEREAS, unfunded federal mandates on state and local governments have
become increasingly extensive in recentyears; and
WHEREAS, such mandates have, in many instances, added to growing deficits in
state and local budgets and have resulted in the need for state and local governments to
increase revenues or curtail necessary services; and
WHEREAS, in today's economic environment and budgetary crisis all levels of
government are forced to reexamine their business operations; and
WHEREAS, unfunded federal mandates are a direct threat to the ability of our state
and local governments to decide priorities; and
WHEREAS, such excessive fiscal burdens on state and local governments have
undermined the ability to achieve their responsibilities under state and local laws, which has
resulted in many services being eliminated or critically cut back, now, therefore, be it
RESOLVED, by the ,General Assembly of the League of California Cities assembled
in Annual Conference in San Francisco, October 19, 1993, that the League support H.R.
140, the "Federal Mandate Relief Act of 1993" in the 103rd Congress, which prohibits
passing along the costs of federal mandates to state and local governments; and be it further
RESOLVED, that the League request other state and local agencies to also support
H.R. 140, and encourage similar resolutions to be sent to their representatives in the U. S.
Senate and House of Representatives.
40.
RESOLUTION RELATING TO INTEREST-FREE FEDERAL LOANS TO
STATE AND LOCAL GOVERNMEN'I~
Source: City of Rohnert Park
Referred to: Committee on Revenue and Taxation
Preliminary Recommendation to Resolutions Committee: NO Action
Final Recommendation to Resolutions Committee:
WHEREAS, the League of California Cities has consistently supported legislation
that has been in harmony with the needs of the federal government, as well as the state and
local governments; and
35
WHEREAS, the necessary and legitimate services provided by federal, state, and
local governments are not being met due to the lack of money; and
and
WHEREAS, the American taxpayer is already heavily burdened with various taxes;
WHEREAS, cities must from time to time issue bonds to finance capital projects that
are necessary to ensure the health and welfare of their citizens; and
WHEREAS, the League of California Cities recognizes the fact that the cost of
interest for bonds issued to fund capital projects is a great burden on the taxpayers of the
state; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled
in Annual Conference in San Francisco, October 19, 1993, that the League express its
support for this advisory resolution, which requests that the United States Congress create
money and instruct the United States Treasury to issue it as interest-free loans to the states
and local tax-supported bodies for the purpose of funding capital projects and for paying off
existing debts.
41.
RESOLUTION RELATING TO GAMING ACTIVITIES
Source: Committee on Revenue and Taxation
Referred to: Committee on Revenue and Taxation
Preliminary Recommendation to Resolutions Committee:_
Final Recommendation to Resolutions Committee:
Amend and approve
WHEREAS, state and federal law now permit various forms of gaming in local areas
with or without the consent or concurrence of city officials; and
WHEREAS, such forms of gaming as state lottery, lottery-sponsored keno games, and
off-track betting at numerous fairgrounds and similar locations (through satellite wagering),
are directly permitted by state law, and even encouraged to provide certain funding for
education and other purposes; and
WHEREAS, the allowing of such games of chance in the state has enabled Indian
tribes to successfully argue in court that the state has now "opened the door" to many forms
of gaming not typically allowed in card rooms, including electronic gaming machines and
dice games, in addition to high stakes bingo and the more typical card games long available
on Indian reservations throughout the state; and
WHEREAS, all such forms of gaming also cause cities to incur additional social
services costs in dealing with the impact of gaming upon families of gamblers, in dealing
with the effects of gaming addiction, and other social problems caused directly or indirectly
by gaming activities in their city limits or nearby; and
36
WHEREAS, gaming activities impose significant burdens upon local communities in
and near such gaming facilities to provide public safety measures; such burdens consist of
significant increases in police activity and the need to have available and on immediate
standby status at all times, law enforcement and fire apparatus and trained officers and
firefighters available to respond readily and quickly to any calls for service; and
WHEREAS, the operation of major gaming facilities in cities or in their general
vicinity has led to an increase in crime, prostitution, loan sharking and other criminal and
social problems indirectly resulting from the operation of the gaming facility, which in turn
increases the need for public safety and social services expenditures by local units of
government; and
WHEREAS, only local-option type card clubs give a city any opportunity to collect
the costs of public services necessarily rendered to gaming facilities and their customers and
customers' families, while all such forms of gaming cause cities to expend more public safety
and public social services dollars than would have been required without such gaming
facilities being situated nearby; and
WHEREAS, gaming operations generate large sums of cash, some part of which
should be diverted to local units of government providing the public health, safety, and
welfare assistance required to prevent the gaming operation from overwhelming existing
local resources; and
WHEREAS, t~he operators of all forms of gaming should provide to affected cities
some form of reimbursement for the additional public safety and social services costs
necessarily incurred by them as a result of the gaming facilities in their vicinity; and
WHEREAS, the state can directly control the diversion of funds from state-regulated
gaming to offset the increased burden of local expenditures, and can through its compacts
with various Indian tribes obligate the tribes to provide for payments to the state to defray
the direct costs of regulation, including the costs thereof incurred by local units of
government, and should thereafter cause to be paid to local units of government a portion
of such payments representing the actual costs incurred by local units of government in
regulating such Indian gaming; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled
in Annual Conference in San Francisco, October 19, 1993, that the League support the
following:
1. Cities should be reimbursed by all operators of gaming facilities, be they card
rooms, satellite wagering centers, lottery and keno, and by the state by sharing with local
governments the payments received by the state from Indian gaming enterprises defraying
the direct costs of regulation of Indian gaming, which reimbursements should, to the extent
authorized by law, cover the increased costs of public safety and public social services cities
are required to provide as a direct or indirect result of such gaming.
37
2. The state should take the lead in providing such reimbursement to cities, and in
assuring that any approval or adoption of any new or expanded form of gaming shall include
a provision for such reimbursement; and
3. The state should endeavor, in its negotiations with Indian tribes, to include in
gaming compacts a provision for payments to the state to defray the full direct costs of
regulation, and the state should then pass-through to cities a reasonable portion of such
payments to reimburse local agencies for the costs they incur as a direct cost of regulation
of Indian gaming enterprises.
4. The League of California Cities should be alert to any proposed legislation which
in any way increases or enhances the opportunities for expansion of gaming, and seek to
include provision for payment by the gaming operator to the cities of the costs which the city
would incur as a result of such operations; and
5. The League of California Cities does further identify the need to obtain adequate
financing to local units of government affected by gaming operations as a matter of major
importance to cities in this state, and directs that the League staff and policy committees
work toward creation of policies, legislation and procedures designed to deal with these
concerns; and
6. The League of California Cities does further call upon all media throughout the
State of California to study the issues involved in the effects of gaming upon neighboring
communities to heighten public awareness of the sometimes hidden costs associated with the
operation 6f gaming facilities, so that the public will be better informed on this issue which
significantly impacts neighboring communities and the local units of government which must
deal with the effects of gaming upon their communities.
Resolutions Referred to Committee on Transportation and Public Work.,_-
42.
RESOLUTION RELATING TO ALTERNATIVE FUEL VEHICI~ES
Source: Los Angeles County Division
Referred to: Committee on Transportation and Public Works
Preliminary Recommendation to Resolutions Committee:_ Amend and aoorove
Final Recommendation to Resolutions Committee: --
WHEREAS, electric, natural gas, and other alternative fuel vehicles have the
potential to significantly reduce emissions from the transportation sector because they
produce zero or greatly reduced tailpipe emissions and are not subject to emissions system
deterioration over time, unlike other vehicles; and
WHEREAS, the federal government, through the Clean Air Act Amendments of
1990, requires the use of alternative fuel vehicles by specified fleets; and
38
WItEREAS, the United States Congress and the President recently approved the
National Energy Strategy Act of 1992 (Energy Act), which, among other things, authorized
incentives and programs specifically targeted at electric, natural gas, and other alternative
fuel vehicles and infrastructure support systems; and
WHEREAS, a $90 million federal appropriation over the next seven years in electric
vehicles and electric vehicle infrastructure via the Energy Act, a $25 million Fiscal Year
1993 appropriation through the Advanced Research Projects Agency for electric vehicle
demonstrations, and a $472 million Federal Technology Reinvestment Project which includes
electric, natural gas, and other alternative fuel transportation programs, would accelerate
defense conversion programs in California; and
WHEREAS, such federal appropriations will accelerate electric, natural gas, and
other alternative fuel vehicle development in California and result in the creation of at least
71,000 jobs by the year 2010; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled
in Annual Conference in San Francisco, October 19, 1993, that the League urge the
National League of Cities to (1) ask the U.S. Department of Energy to establish, and the
President and Congress to fund, the electric, natural gas, and other alternative fuel vehicle
programs set.forth in the Energy Act; (2) urge the U.S. Departments of Energy and
Defense, among other Federal Departments, to accelerate implementation of the
Technology Reinvestment Project and increase such funding; and (3) encourage investment
of Federal funds in California since the State is a leader in the development of energy
technologies and electric, natural gas, and other alternative fuel transportation; and be it
further
RESOLVED, that the League encourage local governmental agencies and community
groups to adopt policies which encourage the research, infrastructure development,
demonstration, and commercialization of electric, natural gas, and other alternative fuel
transportation technologies.
A:\acres93.pkt
39
ITEM NO. ~ nh
DATE: October 6, 1993
AGENDA SUMMARY REPORT
SUBJECT: CONSIDERATION OF REVISED "TREE PROTECTION AND ENHANCEMENT
POLICY"
At their last meeting the City Council considered and recommended modifications to the "City
of Ukiah Planning Commission Tree and Landscaping Guidelines". Those changes have been
incorporated into the revised document which is presented for further City Council consideration.
The two significant revisions were to separate section 3, recommendations for planting and
maintenance, from the "policy" statements, and alter the emphasis from "indigenous" to "mature".
Other changes include the new title and miscellaneous wording or grammatical corrections. The
alterations are indicated by underlines for insertions and crc,~,~c','om for deletions. The planting
and maintenance recommendations will be considered an individual hand out, separate from the
policy.
Staff recommends the City Council consider and discuss the new policy for tree protection and
enhancement, and indicate additional changes or policy directions.
RECOMMENDED ACTION: City Council consider revised "tree protection and enhancement"
statements and specify additional policy direction.
ALTERNATIVE COUNCIL POLICY OPTIONS:
1. Determine policy requires no amendments and approve statements as presented.
2. Defer any consideration of landscaping standards until after action is taken on the Growth
Management/General Plan and/or Community Forest Committee recommendations.
Acct. No. (if NOT budgeted): N/A Acct. No.:
Appropriation Requested: N/A (if budgeted)
Citizen Advised: N/A
Requested by: N/A
Prepared by: Michael F. Harris, Director of Community Development
Coordinated with: Charles L. Rough, Jr., City Manager
Attachments:
1. "City of Ukiah Tree Protection and Enhancement Policy", pages 1-2.
2. "City of Ukiah Tree Planting and Maintenance Recommendations", page 3.
APPROVED: (,/~~~Ch_~rles L Ro~~ ~, j r~C~g . ~nager
rnfh:planning
asr 10/t/93 TREE POUCY
OF UKIAH ~ ENHANCEMENT
..... ..oT cT o" A.O ,
TREE POLICY
The City of Ukiah lies in a fertile, agricultural valley which originally was well
forested with native maiestic trees, canopied with a wide variety of tree species such as
oak, madrone, willow, dogwood, and buckeye species, and well drained by varied water
· · the Russian River. As the valley has been developed, much of this
tn ·reco nized that the preservation and
courses, tnclud., g _ .. h~s changed. It ts g .- -'--- City and Ukiah Valley
original vegetattve ~h~racter...- ..... ~,~ whic '11 remain tn u~ y
expansion of those representattve sP~""~ ...... h stt
area can play an important role in the urban environment, and the planning and
The ' __.._=...J~t~t~/~ protection of
development process, directlY.
significant existing tree specimens and the inclusion of new trees within a comprehensive
site development program is beneficial to the City generally and propertY owners
EssentiallY, trees enhance a City's natural scenic character, sustain the long-term
potential increase in property values, maintain the Ukiah Valley's unique ecology, provide
a tempering effect on extreme temperatures, improve air quality, establish and reinforce
i hborhood identity, and encourage quality development. Based on these
City and ne gl. _ .=~.,,~..~ it' necessary to evaluate the incorporation of existing
community-wt(~e att,~,~,~--, .- ~s property, encourage the use of ~ ~
significant trees in the development of
trees and vegetation, and utilize landscape plans which preserve the integrity of natural
· 'n the City. New development must emphasize the protection of
drainage courses witht ....... ro~,n hem in the s~te planning and development
existing significant trees, mcu~,~,,~,.,.= t ' and plant materials as
process. New landscaping should use ~ ~ trees
much as possible.
The ~ emphasis in tree preservation and increased plantings
is primarily directed to protecting i~ ~ tree species. Significant er~,~ .......,~,
species which are mature and have visual focal value to a proposed development etse
deserve consideration in the initial site lay-out process. The Ccmm~c'-c~m'' ~ strongly
encourages the planning innovation necessary to incorporate existing trees in initial site
assessment and lay-out phases, as a basis of a comprehensive development Plan. New
landscaping should use ~ ~trees and plant materials as much as possible.
The Planning Department Staff will review proposed removal of significant trees or
riparian vegetation together with possible alternatives, and include recommendations in
their report to the Planning Commission.
-1-=. Each proiect application shall include a tree survey, as part of the Site Landscape
Plan, speci~jing the precise location and drip line of all existing trees and riparian
vegetation on the propertY. The survey shall also indicate the precise location of
existing and proposed buildings and grades to these trees, which shall be accurate
and final. This plan shall also include a table which identifies each tree by number
along with its size, species, and whether it is proposed for saving or removal.
Indigenous Rriparian vegetation is any and all tree species together with their
complimentary understory shrubs, flowers and grasses along all watercourses -
natural and constructed. "No development" buffering between the outside edge
of the riparian canopy and proposed development may be necessary to insure the
viable retention of this landscape treatment. Indigenous species are particularly
important adjacent to creeks to provide bird and animal habitat and enhance
possibilities for restoration of creeks and fisheries. Applicants may obtain from the
Planning Division copies of the report prepared by the California Native Plant
Society titled "Riparian Vegetation of Ukiah", which describes the riparian
ecosystem unique to this valley and includes a list of nurseries which sell native
plants.
A
300 SEMINARY AVE., UKIAH, CA 95482-5400
· F~x # 707/463-6204 · CITY OF UKIAH
TREE PLANTING AND MAINTENANCE RECOMMENDATIONS
Existing trees which are to be incorporated in a development must be protected
during site preparation, any demolition, and construction, to avoid long-term risks
of disease and shortened life span.
i.
Vehicle traffic and material storage should be kept outside the drip line of
trees to avoid compacting the soil, which can prevent water from reaching
tree roots and stress the tree's ability to adapt to the changed situation. If
traffic routes must be located near trees, eight (8) inches of mulch should
be laid down to cushion the weight of vehicles, reduce soil compaction, and
retain soil moisture.
S.
Cutting roots for utility lines or grade changes interrupts water and nutrient
flow to specific parts of the tree canopy. If roots must be cut, they should
be severed cleanly, not with a backhoe.
C.
Impervious cover within the drip line of trees prevents the necessary
exchange of air and water and may damage or kill the tree; gravel, mulch,
grasscrete or other pervious materials should be used.
D.
Grade changes and alteration of drainage patterns can result in rot,
suffocation or desiccation of trees. Soil build-up should not exceed · ....
te four (4) inches over root area; root flare should not be covered with soil;
soil reduction should not expose roots.
E.
Hitting trees with construction equipment can cause unsightly and life-
threatening wounds. If necessary, temporary fencing should be placed
around trees to warn equipment operators.
F.
Paint, paint thinners, oil, concrete washings, and other chemically
contaminated water can kill tree roots and should not be poured within the
drip line of trees.
'~/e Are Here To Serve"
SUBJECT:
ITEM NO.___LLa___
DATE: October 6, 1993
AGENDA SUMMARY REPORT
AUTHORIZATION FOR CITY MANAGER TO NEGOTIATE AND EXECUTE
CONSULTANT CONTRACT FOR CDBG HOUSING ASSESSMENT STUDY AND
PREPARATION OF FUNDING APPLICATIONS.
In 1992 the City was awarded a Community Development Block Grant (CDBG) tO complete a
needs assessment of the homeless situation and prepare funding applications for facility or
property acquisition/rehabilitation to assist the targeted populations. The grant from the State
Housing and Community Development (HCD) Department is for $25,000 with a 20% ($5,000)
match from the local jurisdiction. The match has already been allocated in the annual
Redevelopment Housing Setaside Program.
Because of the extensive research required for the study and the expertise necessary for the
(continued to next page)
RECOMMENDED ACTION: Authorize the City Manager to negotiate and execute a contract, not
to exceed $25,000 with Laurin and Associates to complete the CDBG
planning study.
ALTERNATIVE COUNCIL POLICY OPTIONS:
1. Determine grant is not to be pursued, do not authorize City Manager to execute contract,
and notify State that City is withdrawing from the program.
2. Determine one of the other firms/organizations is more qualified to complete the
consultant services and authorize City Manager to execute contract with the one desired
by the City Council.
Acct. No. (if NOT budgeted): N/A
Acct. No.:
Appropriation Requested: N/A (if budgeted)
Citizen Advised: N/A
Requested by:
Prepared by: Michael F. Harris, AICP, Director of Community Development
Coordinated with: Charles L. Rough, Jr., City Manager
Attachments:
1. City of Ukiah Request For Proposal for CDBG Housing Study and Funding
Applications, pages 1-10.
2. Proposal from Laurin and Associates, pages 11-30.
3. Proposals from Kiichli and Associates and The Institute for Community Planning
Assistance of Sonoma State University, pages 31-68.
Charles L. Rough, ~rr. City Manager
~-~$R CDBG HOUSING CONTRACT
SEPTEMBER 30, 1993
PAGE 2
funding aspects of the program, outside consultant resources are necessary. Three
firms/organizations responded to the City's Request For Proposals (RFP), and each was
interviewed on Wednesday, September 29. The interviews of Laurin and Associates, The
Institute for Community Planning Assistance from Sonoma State University, and Kiichli and
Associates were conducted by City Planning Division staff with the assistance from a member
of the County Planning Department.
While two of the firms were considered well qualified to complete the study, Laurin and
Associates presented the most experience, expertise, and understanding of the issues to be
addressed. They have considerable insight into analysis of the homeless population and funding
mechanisms, and appear to provide the most comprehensive approach, minimizing the impact
on staff resources. The Institute, though proposing the lowest cost for the program, did not have
the experience necessary for the funding application portion of the project. Kiichli and
Associates had the highest cost proposal, but did have excellent study credentials. Their
expertise relative to the funding issues was however less than Laurin and Associates.
Staff believes that Laurin and Associates is the most qualified to complete the program
prescribed in the grant, and at an appropriate cost. Staff recommends the City Council authorize
the City Manager to negotiate and execute a contract, not to exceed $25,000, with Laurin and
Associates to complete the CDBG Homeless Housing Needs Study and Project Funding
Proposals.
rnlh:planning
asr 9K,'J0/93
CDBG HOUSING CONTRACT
300 SE~[~yt~VE., UKIAH, ~ 95482-5400
· ~MIN. 707/463-6200 · PU~IC ~ 463-6242/6274 ·
· F~ · 707/463-6204 ·
CITY Of UKIAH
REQUEST FOR PROPOSALS (RFP)
HOMELESS HOUSING NEEDS STUDY AND PROJECT FUNDING PROPOSALS
General
This letter is to solicit proposals for consultant services to conduct a
comprehensive homeless housing needs assessment and project funding
proposals for targeted Iow and moderate income persons.
This document includes a description of the project area and project background,
proposed project information on how to render a proposal, and directions on where
and when to deliver the proposal.
II.
Project Area and Backqround
Ukiah is a general law, full service city, located approximately 120 miles north of
San Francisco in the U.S. Highway 101 corridor. It encompasses approximately
4.1 square miles, situated in a rural/agricultural valley. The General Plan area is
approximately 47,000 acres. Ukiah is the County seat of government, acts as the
market center for Mendocino County, and is the immediate service center for
approximately 35,000 people. The population within the incorporated boundaries
is 14,965.
Ukiah has been successful at maintaining its small town ambiance while serving
as the primary urban center for the County. Growth has been steady at
approximately 2% annually for the past 30 years. Due to increasing external
pressures for development both inside the jurisdictional boundaries and throughout
the surrounding environs, the City has engaged in a comprehensive Growth
Management/General Plan Revision Program to guide Ukiah into the next century.
The project which is the subject of this RFP will provide valuable detailed data to
the City's Housing Element, being revised through the General Plan process, and
serve as the basis for securing housing to meet the targeted population.
'We Are Here To Serve"
III.
IV.
Proposal Requirements
Ao
Proiect Title: Homeless Housing Needs Assessment and Project Funding
Applications.
B.
Proposal Delivery: All proposals shall be delivered in a sealed package
with the project title and your firm's name clearly visible on the package.
C.
Proposal Contents and Form: Proposals should be in a narrative form and
are to be developed in a manner which will allow the Community
Development Department to discern the following necessary information:
professional qualifications; work program; completion schedule;
methodology; experience and expertise in similar projects; level of analysis;
price quotation; presumptions upon which proposal is based; and
understanding of community needs and desires.
Proiect Description
The goal of this project is to facilitate access to affordable, appropriate, and
service-supported housing within the City of Ukiah for the homeless, with particular
focus upon two discrete groups; homeless mentally ill individuals (priority one) and
homeless families with children (priority two). Given the relatively confined
geographical area which Ukiah presents, we believe the needs of both populations
can be addressed.
This goal is to be achieved through the distinct, but related activities of: 1)
completion of an Affordable Housing Needs Assessment for the general homeless
population with an emphasis on the two groups and, 2) preparation of specific
applications to funding sources for projects benefitting the two target groups.
These activities are related because information derived from the Assessment is
expected to be integrated into the funding applications.
The applications for funding will focus upon three objectives: a) acquisition of
affordable housing for the two targeted populations; b) physical rehabilitation of
these sites to eliminate hazards, address building code violations and promote the
well being of residents; and c) integration of support services for the targeted
income groups to assist them in escaping the homelessness cycle.
A. Housing Needs Assessment
This activity will include the accurate determination of:
1. the number of people within the homeless category and detailed
tabulation of each group;
B.
.
.
the type of housing suitable for each category;
the appropriate array of support services needed by these
populations in conjunction with housing;
an analysis of the current housing stock's potential to accommodate
both target categories.
This Needs Assessment will include the following tasks:
a. A collection and review of all data pertaining to the total homeless
population, including consultation with relevant Ukiah service
providers and other authorities.
b. Development of a survey instrument and survey conducted.
c. Preliminary results of survey disseminated for public review in draft
form.
d. Findings, which include responses to the circulated draft, to be
shared publically.
e. A final Needs Assessment report prepared for submission to the
State.
Preparation of Applications
The second activity will be the preparation of applications for grants or Iow-
interest loans for projects to benefit mentally ill homeless individuals and
homeless families with children. 'Potential funding sources are expected to
include, as a minimum, such public agencies as, the Department of Housing
and Urban Development (HUD), the State Department of Housing and
Community Development (HCD), State Community Development Block
Grant (CDBG) Program, in addition to available private foundations and
organizations.
This portion of the project will result in the submission of one major grant
or loan application on behalf of each target group. Both of these
applications will specifically seek to acquire appropriate housing for these
populations, to provide for all necessary rehabilitation, and to ensure the
provision of accompanying support services. Both applications will be for
housing which is permanent or, at least, transitional (6 to 24 months). No
applications for emergency shelter accomodations are to be part of this
project.
FINAL PRODUCTS: This project will result in a minimum of three separate
work products:
* A Housing Needs Assessment which addresses the Ukiah Valley's
homeless population.
* A major application on behalf of the homeless mentally ill
population.
* A major application on behalf of homeless families with children.
This project is a jointly funded effort involving the City and the California
Department of Housing and Community Development (HCD). The consultant
selected by the City shall comply with all terms and conditions of HCD agreement
and contract number 92-STBG-570 and such other terms and conditions as may
be agreed upon between the City and consultant. Copies of the application and
agreement are available upon request.
V. Tasks
The proposal shall describe in detail the tasks to be performed, including a
description and method of analysis.
THIS PROJECT MAY BE COMPLETED BY ONE OR TWO FIRMS; A JOINT
PROPOSAL SHALL DESCRIBE HOW EACH SECTION WILL BE COMPLETED.
VI. Products
The proposal shall describe the products resulting from the study to be delivered
to the City. Consultants should describe in detail the presentation format of the
products to be provided. All products presented to the City'shall become the sole
property of the City.
VII. Schedule
Because of the short timeframe remaining for CDBG funding, an accelerated work
program is required. A precise schedule is to be provided by the consultant to
meet a project deadline of February 28, 1994, addressing the tasks identified in
Section IV.
VIII. RFP Timetable
All proposals responding to this RFP must be submitted to the City of Ukiah by
5:00 PM, Monday September 20, 1993. Postmarks are not acceptable. The City
will interview the three most qualified candidates on Monday September 27, with
contract award expected at the October 6, 1993 City Council meeting.
IX.
Other Requirements
a. Consultant, at its expense, shall secure and maintain at all times during the
bo
C.
d,
e.
entire period of performance of the tasks specified in this RFP, insurance
as set forth in Attachment 2. Please submit with your proposal, certification
of ability to obtain adequate insurance to meet the requirements specified
in Attachment 2.
Consultant shall be required to attend strategy meetings from time to time
as need arises. Once major components of the study have been completed
a draft shall be supplied to the City for review.
Once all components of the project have been completed and approved by
City staff, eight originals of the final document are to be provided.
Applicants will be required to utilize all available local businesses and
resources for the purpose of sub-contracting as project activities mandate.
A City of Ukiah Business License shall be secured by the consultant.
The City of Ukiah has received a Community Development Block Grant in the amount of
$25,000 to fund these activities. However, there has not been a specific dollar amount
designated for this project, which will dictate the City's required match. As such, cost will
be a significant criterion in the selection process.
We appreciate your interest in the City of Ukiah and its efforts to analyze the housing
situation and complete applications for securing appropriate housing. Please remember
the submittal deadline is 5:00 PM Monday, September 20, 1993. Proposals are to be
addressed to:
City of Ukiah
Attention: Michael F. Harris, AICP
Director of Community Development
300 Seminary Avenue
Ukiah, CA 95482
Should you have any questions or we can provide any additional information, please don't
hesitate to contact me at (707) 463-6200.
Sincerely,~ .
Michael F. Harris, AICP
Director of Community Development
Attachments:
1. Map of the City of Ukiah
2. City of Ukiah Insurance Requirements for Contractors
mfh:planning
CDBG housing RF__P
-%-
Odober 6, 1992
CITY OF UKLM! · Mendocino Coun~ California
General Plan and Growth Management Program
Revision date: October 5, 1992
Page 13
Growth Management Steering Committee working version
SCALE ~ FEET
o Iooo ~oeo
,ure C:
The Ukiah Planning Area
Introduction
II
,.t
-4
Growth Management Steering Committee W~ l~re},ared for ~,ur],oses of general review, comments, and revision.
This document is subied to substantial change
INSURANCE REQUIREMENTS FOR CONTRACTORS
BIDDERS' ATTENTION IS DIRECTED TO THE INSURANCE REQUIREMENTS
BELOW. IT IS HIGHLY RECOMMENDED THAT BIDDERS CONFER WITH
THEIR RESPECTIVE INSURANCE CARRIERS OR BROKERS TO DETERMINE IN
ADVANCE OF BID SUBMISSION THE AVAILABILITY OF INSURANCE
CERTIFICATES AND ENDORSEMENTS AS PRESCRIBED AND PROVIDED
HEREIN. IF AN APPARENT LOW BIDDER FAILS TO COMPLY STRICTLY WITH
THE INSURANCE REQUIREMENTS, THAT BIDDER MAY BE DISQUALIFIED
FROM AWARD OF CONTRACT.
Contractor shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, hisXher agents,
representatives, employees or subcontractors. The cost of such insurance shall be '
included in the Contractor's bid.
A. MINIMIIM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
Insurance Services Office form number GL 0002 (Ed. 1/73) covering
Comprehensive General Liability and Insurance Services Office form number GL
0404 covering Broad Form Comprehensive General Liability; or Insurance
Services Office Commercial General Liability coverage ("occurrence" form CG
0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile
Liability, code 1 "any auto" and endorsement CA 0025.
3. Workers' Compensation insurance as required by the Labor Code of the State of
California and Employers Liability insurance.
B. MINIMUM LIMITS OF INSURANCE
Contractor shall maintain limits no less than:
I.
General Liability: $1,000,000 combined single limit per occurrence for bodily
injury, personal injury, and property damage. If commercial General Liability
Insurance or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 combined single limit per accident for bodily
injury and property damage.
3. Workers' Compensation and Employers Liability: Workers' compensation limits
as required by the Labor Code of the State of California and Employers Liability
limits of $1,000,000 per accident.
C. DEDUCTIBLES AND SELF-INSURED RETENTIONS
Any deductibles or self-insured retentions must be declared to and approved by the
City, either: the insurer shah reduce or eliminate such deductibles or self-insured
retentions as respects the City, its officers, employees and volunteers; or the
Contractor shah procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
D. OTHER INSURANCE PROVISIONS
The policies are to contain, or be endorsed to contain, the following provisions:
1. General Liability and Automobile Liability Coverages
a.
The City, its officers, officials, employees and volunteers are to be covered as
insureds as respects: liability arising out of activities performed by or on behalf
of the Contractor; products and Completed operations of the Contractor;
premises owned, occupied, or used by the Contractor; or automobiles owned,
leased, hired or borrowed by the Contractor. The coverage shall contain no
special limitations on the scope of protection afforded to the City, its officers,
officials, employees or volunteers.
b. The Contractor's insurance coverage shall be primary insurance as respects the
City, its officers, officials, employees, and volunteers. Any insurance of self-
insurance maintained by the City, its officers, officials, employees or
volunteers shall be excess of the Contractor's insurance and shall not contribute
with it.
c. Any failure to comply with reporting provisions of the policies shah not affect
coverage provided to the City, its officers, officials, employees, or volunteers.
d. The Contractor's insurance shall apply separately to each insured against, whom
claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
2. Workers' Compensation and Employers Liability Coverage
-6-
The Insurer shall agree to waive all rights of subrogation against the City, its
officers, officials, employees, and volunteers for losses arising from work
performed by the Contractor for the City.
3. All Coverages
Each insurance policy required by this clause shall be endorsed to state that
coverage shall not suspended, voided, canceled by either party, reduced in
coverage or in limits eXcept after thirty (30) days' prior written notice by certified
mail, return receipt requested, has been given to the City.
E. ACCEPTABILITY OF INSURERS.
Insurance is to be placed with insurers with a Best's rating of no less than A:VII.
F. VERIFICATION OF COVERAGE.
Contractor hall furnish the City with certificates of insurance and with original
endorsements effecting coverage required by this clause. The certificates and
endorsements for each insurance policy are to be signed by a person authorized by
that insurer to bind coverage on its behalf. The certificates and endorsements, are to
be on forms provided by the City. Where by statute, the City's workers'
compensation-related forms cannot be used, equivalent forms approved by the
Insurance Commissioner are to be substituted. All certificates and endorsements are
to be received and approved by the City before work commences. The City reserves
the right to require complete, certified copies of all required insurance policies, at any
time.
G. SUBCONTRACTORS
Contractors shall include all subcontractors as insureds under its policies or shall
furnish separate certificates and endorsements for each subcontractor. All coverages
for subcontractors shall be subject to all of the requirements stated herein.
M.E. Shay and Co.
1.'~30 K' St. LL:i2
Sacramento, CA 95814
CDC of Mendocino County
1076 N. State St.
Ukiah, CA 95482
Mental Health Services
County of Mendocino
564 South Dora Ave.
Ukiah, CA 95482
Sharon Kiichli
817 W. Clay
Ukiah, CA 95482
RCHDC
237 E. Gobbi
Ukiah, CA 95482
ICPA
Attn: Steve Orlick
Sonoma State University
Rohnert Park, CA 94928
Ford Street Project
Attn: Mr. Mark Rohloff
139 Ford Street
Ukiah, CA 95482
Dept. of Social Services
County of Mendocino
747 South State Street
Ukiah, CA 95482
Company of Eric Jay Toll AICP
1050 East William, Suite 407
Carson City, NV 89701
--I0 -,
I
I
RESPONSE TO REQUEST FOR PROPOSALS
I
HOMELESS HOUSING NEEDS STUDY
PROJECT FUNDING PROPOSAL APPLICATION
FOR THE CITY OF UKIAH
l
l
SEPTEMBER 20, 1993
LAURIN ·
AssOCIATES ~
· Housing · Planning · Demographics · Feasibility Studies
JOINT VENTURE WITH M. E. SHAY & COMPANY
A
Housing ~ Planning ~ Demographics ,~ Feasibility Studies
6363 Auburn Blvd., Suite B
Citrus Heights, CA 95621
(916) 725-1181 (916) 725- 0215 Fax
September 20, 1993
Mr. Michael F. Harris, AICP, Director
of Community Development
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
Dear Mr. Harris:
Enclosed is our response to the Request For Proposals for
Homeless Housing Needs Study and Project Funding Proposals
under the City's CDBG Planning/Technical Assistance Grant.
Laurin Associates is a small, 100% woman-owned firm which
was established in 1980. We have extensive experience in
the completion of housing needs and and have an excellent
reputation with all Field Representatives at HCD.
Please note that we will be joint venturing with M. E. Shay
and Company for the completion of the Grant Application and
required CDBG reports. Our firms have joint ventured on
many previous contracts over the last nine years. Clients
have received the benefit of our combined experience in all
aspects of community development work from needs assessments
through grant application processing and administration.
We have read the contract schedule and can complete all
tasks well within your target deadlines.
Thank you for the opportunity to respond to this Request.
We look forward to seeing you on September 27th and working
with you on this project.
If you have any questions, please do not hesitate to call
me.
Cordially,
'.AN LAURIN
GJL: a
ae
Be
Ce
De
Ee
Fe
Ge
He
TABLE OF CONTENTS
Project Title
Firm Name, Address, Telephone Number
Consultant and Corporate Description
Laurin Associates
M. E. Shay & Company
Familiarity with CDBG and Community Development
Experience Matrix
Housing Studies
Resumes and Qualifications
Proposal - Scope of Work
Contract Budget and Hourly Rates
Certifications
References and Clients
PAGE
12
15
16
17
Housing .~ Planning ~ Demographics ~ Feasibility Studies
6363 Auburn Blvd., Suite B
Citrus Heights, CA 95621
(916) 725- ! 181 (916) 725- 0215 Fax
A. PROJECT TITLE: PROPOSAL
HOME. LESS HOUSING NEEDS STUDY,
AND FUNDING APPLICATION
CITY OF UKIAH
September 20, 1993
B. FIRM NAME, ADDRESS, and TELEPHONE NUMBER
JOINT VENTURE
Laurin Associates and M. E. Shay & Company
6363 Auburn Boulevard, Suite B
MAILING ADDRESS: Post Office Box 7215
Citrus Heights, CA 95621
916-725-1181 FAX 916-725-0215
PROJECT MANAGER/CONTACT PERSONS:
G. Jean Laurin - 916-725-1181
Mary Ellen Shay - 916-444-0288
DESCRIPTION OF JOINT VENTURE
Laurin Associates and M. E. Shay & Company have joint
ventured on many Housing Needs Assessments, CDBG and Housing
Element preparation and update contracts over the last nine
years. Their combined experience and staff has the benefit
of consolidating the housing research and reporting
expertise of Laurin Associates with the grant application
talents of M. E. Shay. Laurin Associates will take the lead
and contract management for this proposal, and staffing will
be provided by both firms.
C. CONSULTANT AND CORPORATE DESCRIPTION
LAURIN ASSOCIATES
LAURIN ASSOCIATES was established in 1980 by G. Jean Laurin
to provide pre-development feasibility analysis to real
estate developers, cities, counties, and other housing
agencies. The firm is a 100% woman owned, multidisciplinary
sole proprietorship.
Specific areas of specialty include:
- market feasibility and evaluation studies for
HOUSING: elder care facilities, special needs facilities,
farmworker housing, day care centers, and RETAIL/COMMERCIAL:
mini-storage, neighbor-hood shopping centers, tourist
facilities, bed and breakfast
- demographic trends pro3ection and analyses;
project absorption; comparative project analysis;
application processing
- zoning, General Plans, planned development, CDBG
applications; site analysis and location; demand assessment
for specific use, suitability for development, relationship
to services
- housing elements; housing condition s~rveys; region-
al growth trends analysis; service and facilities
assessment; infrastructure, municipal services, schools,
social services
- income surveys; community-wide housing and social
service preference surveys
They have worked with Farmers Home Administration, HUD,
State HCD (CDBG, RHCP, Rehab), Tax Credit, and bond
financing programs, as well as public/private funding
ventures and redevelopment funds. They have addressed
school impaction in environmental assessments.
Over the last twelve years, Laurin Associates has prepared
.over 1,500 studies and development assessments for a wide
variety of projects. They have worked in all areas of
California and in seventeen additional states and have
prepared two studies in the City of Ukiah, three in Fort
Bragg, two in Willits, and one in Point Arena. They have
completed twelve CDBG contracts and have an excellent
reputation with all HCD field representatives.
Laurin Associates analyses and recommendations have been
accepted by all major mortgage insurers and underwriters,
mortgage companies, banks, savings and loans, and federal
finance programs.
2
M. E. SHAY & COMPANY
M. E. Shay and Company was established in 1983 specializing
in providing program development services to a wide-range of
private and governmental agency clients.
The firm has been successful in the preparation, processing,
and ultimate funding of applications under the CDBG Program,
the State of California RHCP, Farmers Home Administration,
515 Rental Housing Applications, HUD 202 Applications, and
for over twenty-five Low Income Housing Tax Credit (LIHTC)
pro3ects.
In addition, Ms. Shay has experience with the Federal Home
Loan Bank Affordable Housing Program, California Housing
Finance Agency programs, in Legislative Advocacy for both
the California Housing Authorities Association and the
California Association of Local Housing Finance Agencies.
FAMILIARITY WITH CDBG AND COMMUNITY DEVELOPMENT
To facilitate the review of related experience, specific
projects have been noted on a matrix.
LAURIN ASSOCIATES
Over the last three years, Laurin Associates has completed
eleven CDBG Contracts:
Cities of Oroville (2), Taft, Colusa, Marysville, and
Avalon
Counties of Alpine, Imperial (2), and Santa Cruz and
for the Imperial Valley Housing Authority
Homeless Housing Studies (16 communities, seven cities)
Interior Condition Surveys (8 communities)
Housing Condition Surveys (29 communities)
Household Income Survey (29 communities)
Housing Program Guidelines (13 jurisdictions)
Lead-Based Paint Testing and Programs (3 communities)
Specific areas are noted on the Matrix.
,,
'~8
,
~ ~ + + + + + + + +1+ + + + +,+ + + + + + + + + + +
~ ,
Io ooo~- o~-, ,_,~,~m,~,m ........
HOUSING STUDIES
Laurin Associates and M. E. Shay & Company have extensive
combined experience in the preparation of housing elements
and other housing studies. The following is a brief
description of some of the housing studies which our firms
have conducted over the past three years:
Location Nature of Assignment Comment
Preservation of Low
Income Rental Housing
Jackson
Colusa
Housing Element
Sacramento Federal Home Loan Bank
Mutual Board Affordable
Housing Asso. Housing Program; HCD
Housing Redevelopment
Loan Program, LIHTC
B of A, SHRA Loan
City of
Avalon
HOME Program, LIHTC
Merced
Housing
Authority
Office of Migrant
Services
Oroville
Housing Element
City of
Orange
HUD 232 Special Needs
Projects
Modesto SAMCO Mortgage
Christian Midland Mortgage
Senior Center LIHTC
Housing Auth- HOME Application
ority County Bank of Salinas
of Monterey LIHTC
Escondido
At-Risk Housing
Analysis
Start-up; Assisting
City and County
Housing Authority
with preservation
of 30 units of at-
risk housing
In Progress; update
to comply with 1992
update requirement
Funded
Pending
Funded
Final approval
pending
Completed June 1993
AIDS Shelter Funded
Completed
Construction Loan
Approved
Funded
Construction Loan
Approved
regulations
Completed May 1992
I_
!_
Alpine County Housing Needs Assessment Completed March
1992; demand for
employee housing in
two ski areas and
development of pro-
gram to provide
affordable housing.
Imperial
County
Housing Needs Assessment Completed January
1992; 20-year hous-
ing needs including
homeless, farm
labor housing
and impact of two
new prisons.
Taft
Housing Element Data
Completed May 1991
generated demo-
graphic, income and
housing condition
data for update
Imperial
County
Housing Preference and
Needs Survey
Completed May 1991
County-wide survey
for Housing Author-
ity with Program
Implementation
Imperial
County
Economic
Development
Housing Condition,
Income Survey, and
Lead-Based Paint Test-
lng, Program Guidelines
for incorporation into
County Housing Element
Completed September
1993'
Twentynine Housing Needs Studies
Palms, Camp
Pendleton, Port
Hueneme, Point
Mugu, CA and
Fallon, NV and
Bremerton, WA
Completed 1991 and
1992; Analysis of
military family
housing needs for
Department of the
Navy
Merced County Housing Needs Assessment Completed January
1991; farmworker
housing needs
Mammoth Lakes Housing Needs
Analysis
Completed October
1990; analysis of
permanent, tran-
sient, and employ-
ee housing needs in
resort town
_
6
D. RESUMES AND QUALIFICATIONS
The Laurin Associates/M. E. Shay & Company Joint Venture
emphasizes the role of a strong project manager to
coordinate all activities and participants. Each project is
assigned to a senior member of our staff who leads a multi-
disciplined team assembled from our technical staff.
Based on the anticipated work effort completing the housing
surveys and application preparation for the City of Ukiah,
we will assemble a project team comprised of the following
personnel:
Personnel
LAURIN ASSOCIATES
G. Jean Laurin
Nathan Jones
Barry Polster
Position
Principal and
Founder
Senior Planner
Senior Planner
Role in Project
Project Manager
Survey Instruments
Program Guidelines
Program Guidelines
On-site Surveys
On-site Surveys
Funding Sources
M. E. SHAY & COMPANY
Mary Ellen Shay
Principal and
Founder
Assistant
Project Manager
Funding Sources
and application
Local qualified bilingual persons will be hired on an hourly
rate to assist with primary surveys.
Mr. Laurin and Ms. Shay will personally prepare portions of
the entire contract and will be responsible for all
coordination with City staff. They will also be responsible
for conducting the public hearings and meetings.
Resumes for the principal employees mentioned above are
presented on the pages that follow.
7
G. JEAN LAURIN
POSITION:
Principal and Founder, Laurin Associates
EXPERIENCE:
Special Consultant, California Seismic
Commission; Management of the Earthquake
Preparedness Task Force.
Special Assistant, Monterey County Planning
Director, Salinas, California. Implementa-
tion of the inclusionary Housing Ordinance;
inventory and review of environmental
processing procedures; staff to the Monterey
County Board of Supervisors Legislative
Committee.
Planning Director, City of Grand Terrace,
California. Senior Planner, San Bernardino
County Planning Department; Preparation of
general plan elements, general and specific
plans, legislative committee on the implemen-
tation of the California Environmental
Quality Act (CEQA).
Assistant, Local Agency Formation Commission,
San Bernardino COunty.
EDUCATION:
Bachelor of Science, Public Administration,
University of Redlands.
Master of Science, Organization Development,
University of San Francisco; research and
statistical applications of public agency
organization development.
Graduate Studies in Environmental Planning
and Urban Affairs, University of California -
Los Angeles and Riverside.
Appraisal Institute course requirements for
MAI designation.
ASSOCIATIONS AND
AFFILIATIONS:
Rural Builders Council of California &
Nevada, President 1991-1992
Low Income Housing Coalition
Appraisal Institute
National Association of Home Builders
National Council on Senior Housing
National Council for Rural Housing
NATHAN P. JONES
POSITION:
Principal, Laurin Associates (1989 - Present)
Market feasibility and evaluation studies for
single and multi-family, commercial, and
light industrial development; housing needs
assessments; tax credit analysis; housing
program implementation; segmented housing
demand; and project finance development.
EXPERIENCE:
Research Associate, Laurin Associates (1988 -
1989. Demographic trends analysis; data base
development; housing condition surveys and
analyses.
Administrative Assistant - University of
Chicago (1987 - 1988). Office and
information management; historical research;
desktop publishing; and accounting.
EDUCATION:
Studies in Political Science/International
Business and Finance, Universite de Bordeaux,
France
Bachelor of Science, Business Administration,
University of California, Riverside
Graduate studies at the University of Chicago
Master of Business Administration, California
State University, Sacramento
ASSOCIATIONS AND
AFFILIATIONS:
Building Industry Association, Land
Development Committee
Rural Builders Council of California and
Nevada
National Association of Home Builders
Senior Housing Council
Appraisal Institute
BARRY G. POLSTER
POSITION:
Principal, Laurin Associates (1986 - Present)
Market feasibility and evaluation studies for
single and multi-family, commercial, and
light industrial development; housing needs
assessments; tax credit analysis; housing
program implementation; segmented housing
demand; land development and site location
assistance; urban and long-range planning;
environmental assessments.
EXPERIENCE:
Planalysis, Owner and Principal (1988 -
Present). Specializing in land development
and site location services to developers.
Assistant Project Manager, Moss Land Company
Director of Community and Economic
Development, City of Johnstown, Pennsylvania
Coordinator, Planner Advisory Committee,
Southern Alleghenies Development Commission
(an Appalachian Development District)
Planning Coordinator, Cambria County Planning
Commission, Ebensburg, Pennsylvania.
EDUCATION:
Bachelor of Arts, Geography, Slippery Rock
State University, Pennsylvania
Master of Arts, Geography/Planning, Miami
University, Oxford, Ohio
ASSOCIATIONS AND
AFFILIATIONS:
Building Industry Association
Rural Builders Council of California and
Nevada
National Association of Home Builders
Rural Housing Council
Appraisal Institute
MARY ELLEN SHAY
PRESENT POSITION:
Owner, Founder, M. E. Shay & Company
Legislative Advocate
EDUCATION:
San Francisco State College
Bachelor of Arts
University of Southern California,
MPA Graduate Studies
EXPERIENCE:
Market Analyst - Laurin Associates;
independent real estate research for a
wide variety of pro3ects.
Section Chief, State of California
Housing and Community Development
Department: Pre-Development Loan and
Technical Assistance Section; Urban and
Rural Land Purchase programs, California
Housing Advisory Services.
Program Manager, State of California
Housing and Community Development
Department: Housing Assistance Program
for the Disabled, Rural Assistance
Programs, and HUD National Technical
Assistance Program for the Disabled.
o
Staff Member, City of Redding, Planning
and Community Development Department:
Development and Administration of the
CDBG, local Section 8 Program, and
rehabilitation programs.
Director of Self-Help Home Improvement
Project, Redding, California: VISTA
volunteer.
ASSOCIATIONS AND
AFFILIATIONS:
Licensed Real Estate Agent
California Coalition for Rural Housing
Rural Builders Council of California and
Nevada
Northern California Association for Non-
Profit Housing
National Association of Housing and
Redevelopment Officials
Sacramento Habitat for Humanity, Past
President (1989-1991)
E'®
PROPOSAL - SCOPE OF WORK
Homeless Housing Needs Study
LAURIN ASSOCIATES
TASK 1. Homeless Housing Needs Survey
a. Meet with City Staff to coordinate and refine
the scope of the survey.
b. Establish clear definition of mentally ill
homeless individuals.
1. Identify and meet with all social
service, housing, and assistance providers
involved in providing support to both
mentally ill and homeless individuals within
the Study Area.
c. Develop survey form.
1. Survey instrument will be developed
using the guidance provided by agencies and
individuals contacted in Task b. 1., above.
2. Survey instrument will adhere to federal
confidentiality standards.
d. Conduct homeless individual survey
identifying the two primary focus groups: mentally ill
homeless persons and homeless families with children.
1. Work with those agencies identified in
Task b. 1., above, to identify gathering,
eating, and/or meeting places for the listed
individuals.
2. Work with City officials, churches,
public safety personnel, and other groups to
identify camping, resting, and/or sleeping
sites habited by homeless persons.
3. Using data obtained in c. 2., above, seek
out and interview homeless individuals on
current living conditions, preferences,
availability of funds, funding needs, and
social service needs.
4. Questions regarding household demograph-
ics such as income (if any), income source,
household size including those under age 18
and those over age 65, tenure, ethnicity,
gender of head of household, special needs
groups, etc., will be included.
e. Survey all interested agencies and
individuals involved in providing food, shelter, and
other services to homeless individuals to get an
unduplicated count of the number of individuals and
families served.
f. Facilitate a meeting among our staff, City
representatives, and representatives of current agency
or other homeless service providers to present findings
to date and seek guidance.
TASK 2. Prepare Statistical Analysis of Results
a. Aggregate the data obtained from provider
agencies to establish a base number of target persons
and/or families.
be
report.
Provide graphic, statistical, and narrative
c. Aggregate and analyze data received from the
primary surveys of the target groups.
1. Define and clearly identify mentally ill
homeless persons ascertaining numbers of such
persons, current living conditions, current
support services available, and payment
ability of such persons.
2. Define and clearly identify homeless
families with children ascertaining the
number of households, number of children,
type of head of household (male, female,
single, married), current living conditions,
current support services available, and
payment ability of such households.
d. Prepare DRAFT report and submit to City.
e. Meeting with City staff and - if requested -
members of agencies and groups providing homeless
services to discuss findings to date.
13
TASK 3. Develop Housing and Program Recommendations
a. Develop recommendations for the development
of housing including the need for specific types,
sizes, and cost of housing including groups homes.
b. Develop recommendations for additions to the
City's Housing Program pertaining to homeless
individuals and families.
1. Provide a comprehensive listing of
available local, state, federal, and
public/private partnership funding.
2. Establish priorities for program
implementation that will identify cost,
timing, and agency responsibility.
3. Tailor recommendations to the needs
identified in the surveys.
TASK 4. Prepare Final Report
a. One unbound reproducible original and 24
bound copies of the Final Report will be provided.
1. Report will include both narrative and
graphic displays of survey results.
Funding Application
M. E. SHAY & COMPANY
TASK 5. Prepare Funding Application
a. Meeting with City Staff to review funding
programs identified in Task 3, above.
b. Work with City Staff to determine the most
viable funding sources.
c. Prepare appropriate application for housing
rehabilitation program such as CDBG, HOME, or other
available funding source.
d. Participate in one or two public hearings or
meetings to solicit public input and incorporate that
input in the application package and housing program,
as necessary.
e. Assist City staff in soliciting and obtaining
commitments for leverage funds.
--17 -
14
Fe
Task 1.
CONTRACT BUDGET
Homeless Housing Needs Survey
Preliminary Meetings $ 700
Develop Survey Forms $ 100
Conduct Survey $8,675
Clerical $ 175
Reproduction $ 400
2 2 i993
;.;el)f. of Community Development
810,050
Task 2.
Statistical Report
Professional $2,100
Clerical $ 100
Data Entry $ 500
Reproduction $ 350
Meetings $ 300
8 3,350
Task 3.
Housing Program Recommendations
Professional 83,000
Clerical $ 125
$ 3,125
Task 4.
Final Report
Professional
Clerical
Reproduction (one
Original and 24
bound reports)
81,000
$ 30O
8 60O
$ 1,900
Task 5. Prepare Application
Public Meetings/CDBG Reports
$ 5,500
$ 600
CONTRACT TOTAL
HOURLY RATES
Principal Planner
Senior Planner
Associate Planner
Planning Tech
Drafter
Computer Data Entry
Clerical
S102.00
S 90.00
S ?5.00
S 46.00
S 45.00
S 40.00
$ 16.00
G. CERTIFICATIONS
Laurin Associates certifies they are registered with the
State of California as a Small and Woman-Owned Business.
Office of Small and Minority Business: ID#1102453
City/County of Sacramento: #LAA5100A20P
In addition, they have policies and programs in place
for compliance with the California Labor Code and with Fair
Employment, Affirmative Action, Civil Rights, HCD, Age
Discrimination, and Rehabilitation Acts, and the Housing and
Urban Development Act of 1968. They will permit inspection
of books, records, and operating procedures by the City of
Ukiah and the State Department of Housing and Community
Development as requested.
Laurin Associates has all appropriate business and
workers compensation insurances in place as noted in the
Request For Proposal. Certificates will be provided.
H. REFERENCES AND CLIENTS
·
·
·
Client: Imperial Valley Housing Authority
Contact: Ms. Celeste Cantu, Executive Director
Phone: 619-351-7000
Services Provided: Household Income Surveys for six
incorporated cities in Imperial County; 20-year housing
needs assessment; incidence of homelessness; demand for
farmlabor housing; housing program guidelines and
implementation; market feasibility study for Farmers
Home Administration application; housing condition
survey for City of Calipatria; demographic data
updates; selected site review.
Client: Imperial Co. Community Economic Development
Contact: Ms. Rosalind Guerrero, Executive Director
Phone: 619-339-4280
Services Provided: County-wide (19 communities)
Housing Condition Survey; household income survey;
housing program guidelines.and implementation; interior
and exterior condition and in-depth household surveys
for three Colonias; lead-based paint incident testing
for 100 percent of households in three Colonias;
development of program guidelines for lead-based paint
hazards for incorporation into County CHAS.
Client: City of Marysville
Contact: Mr. Ed Palmeri, Planning Director.
Phone: 916-741-6607
Services Provided: City-wide housing condition survey;
interior condition and income survey for central-city
target areas; incorporation of data into the City
Housing Element; development of housing program guide-
lines and implementation.
Submitted By:
~h
· --e JOINT VENTURE
September 20, 1993
17
KIlCHL! AND ASSOCIATES
West Clay Street, Ukiah, California 95482 · (707) 468-~655
September 20, 1993
Mr. Michael F. Harris, AICP
Director of Community Development
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
Dear Mike:
It is with pleasure that [ submit a proposal from Kiichli and Associates to conduct a homeless
housing needs assessment and prepare project funding applications. This project is of
particular interest to me, and ! am happy to be able to respond to the City's request for
proposals.
As we discussed on the telephone, our proposal calls for the formation of an advisory
committee to work with us on this project. Attached to the proposal you will find letters from
several potential advisory committee members indicating their willingness to serve on such a
committee. Other members would be recruited at the onset of the project.
If you have any questions about our proposal, please feel free to call me. It is my
understanding that you will be interviewing potential contractors on September 28.
aside time to be available on that day.
I have set
Thank you for your consideration of our proposal. I look forward to talking with you.
Sincerely,
Sharon Kiichli
enclosure
KliCHL! AND ASSOCIATES
817 West Clay Street, Ukiah, California 95482 · (707) 468-1655
Proposal to the City of Ukiah
HOMF_/.ESS HOUSING NEEDS ASSESSMENT AND PROJEUr FUNDING APPLICATIONS
September 20, 1993
Kiichli and Associates is proposing to contract with the City of Ukiah to conduct a comprehensive
homeless housing needs assessment and project funding proposals for targeted low and moderate
income persons, as outlined in the City of Ukiah Request for Proposals for this project.
1. Professional Qualifications (including Experience in Similar Projects)
Kiichli and Associates has been providing consulting services to public agencies and private non-
profit organizations in California since 1987. Lead planner Sharon Kiichli has worked as a
consultant since 1980, and has worked in community development and human services doing
planning, program development and program evaluation since 1974.
Kiichli and Associates specializes in community assessments and studies and in the development
and evaluation of programs aimed at preventing and combating poverty, homelessness, alcohol
and other drug abuse and child abuse. The firm is located in Ukiah, Mendocino County,
California. The majority of the Kiichli and Associates work over the past seven years has been in
Lake and Mendocino Counties. Since 1987, Sharon Kiichli and her associates have developed and
written $11,000,000 in successful grant applications for agencies in Mendocino County.
(Approximately 90% of the funding applications developed by Kiichli and Associates have been
funded.) During that same period, the firm has conducted two indepth needs assessments,
managed evaluations on two major federally funded projects and provided an array of training and
technical assistance to local public and non-profit agencies in the county.
Thomas MonPere, who will be associated with Kiichli and Associates for this project, has been
working as a housing consultant for the past five years. As the primary consultant for Rural
Communities Housing Development Corporation, he has responsibility for the development of all
of the agency's financing packages to underwrite housing projects. As former partners in the
Mendocino Consulting Group, MonPere and Kiichli work together periodically on projects in which
they have a common interest. Some of MonPere's separate experience in the housing field is
summarized at the end of Section 1 of this proposal.
Marl Rodin, a third consultant who will be working on the proposed project comes to Kiichli and
Associates with a strong background in research, community studies and proposal writing. Kiichli,
MonPere and Rodin have worked with all of the agencies providing services to the homeless in
the Ukiah area. The following projects are particularly relevant to the proposed project:
Needs Assessment Studies/Community Plans
Mendocino Coast Housing and Shelter Coalition, 1992-93. For the past year, Sharon
Kiichli has been working with the Mendocino Coast Shelter and Housing Coalition to
assist this group in developing programs and strategies to reduce homelessness in the
coastal areas of the county. Kiichli has facilitated a process in which this group,
composed primarily of consumers (homeless people) and advocates for the homeless,
has identified the housing and service needs of homeless people on the coast, the
barriers to accessing existing services, the services and facilities which are needed to
assist homeless people in securing permanent housing and becoming more self-
sufficient, and the roles that the homeless people themselves can take in developing
solutions to their problems. Although this planning process is occurring on the coast,
it is particularly relevant to the proposed project in that currently it is the only planning
process in Mendocino County which includes homeless people, and because many of the
needs of the coastal population are similar to the needs of homeless people in the
Ukiah.
Mendocino County Healthy Start Needs Assessment, 1993. As a component of the
Mendocino County Healthy Start Planning Project, this project involved an assessment of
health, social service and educational needs of families with children in eleven communities
in Mendocino County. The needs assessment included the compilation and analysis of all
relevant data from educational, health and social service agencies in the county and the
organization of this information into individual Community Profiles for each of the eleven
participating communities, a needs survey of the parents of the 10,000 elementary school
students in the county, and twenty case studies of families in Mendocino County who are
receiving services from multiple agencies in the county. For this project, Kiichli and
Associates worked with a consortium of service providers which included the
superintendents of eleven of the county's twelve school districts, the department heads of
the County Departments of Social Services, Public Health and Mental Health, the County
Alcohol and Drug Programs Administrator, the director the Mendocino County Youth
Project and a representative of the organization of rural health clinics in Mendocino
County.
Mendocino County Master Plan to Reduce Alcohol and Other Drug Problems, 1991. As the
primary contractor with the Mendocino County Department of Alcohol and Other Drug
Programs for the County's Master Plan project, Kiichli and Associates developed and
managed the County Master Plan Needs Assessment Study. This study included the
compilation and analysis of data related to alcohol and other drug abuse in Mendocino
County. The study targeted the health, social services, education and criminal justice
systems. The project also involved the facilitation of focus groups in communities across
the county and the analysis of the information which came from the focus groups. A 90
page Needs Assessment Report was produced for use by the Mendocino County Master Plan
Planning Committee. This report was used as a model by other counties in California.
2
Mendocino County GAIN Plan, 1987: Though a contract with the Mendocino County
Department of Social Services, Sharon Kiichli and Thomas MonPere conducted a needs
assessment and research report' which formed the basis for the County's plan for
employment and training services for AFDC recipients through the State-mandated GAIN
(Greater Avenues for Independence) Program. The study included an in-depth analysis of
local and regional economies, employment and job training opportunities, and an analysis
of the training needs of welfare recipients. (1985-86)
Program Development and Funding Proposals
Seamless Transitional Empowerment Project (~), 1993. In this project, Kiichli
and Associates worked with a consortium of local agencies to design a transitional housing
and supportive services program for homeless people in the Ukiah area and on the
Mendocino Coast. This project involved research related to state-of-the-art strategies for
assisting homeless individuals and families in breaking their cycle of homelessness and
becoming more economically self-sufficient. The three-month planning process resulted in
the submission of a grant proposal for $4,000,000 to the Supportive Housing Program of
the U.S. Department of Housing and Urban Development (HUD). Funding announcements
for this project are forthcoming. The project included the design of three types of
transitional living situations for homeless families and individuals, and an array of
intervention and supportive services to be coordinated with the housing. The groups and
agencies which collaborated on this project included the Community Development
Commission of Mendocino County, the Ukiah Community Center, Ford Street Project, the
County Departments of Social Services and Public Health (Division of Alcohol and Other
Drug Programs), Redwood Legal Assistance, the Mendocino County AIDS Volunteer
Network and the Mendocino Coast Shelter and Housing Coalition.
Shelter Plus Care Project, 1993. In this project, Kiichli and Associates worked with the
same consortium of agencies and organizations to develop a program plan and funding
application for HUD's Shelter Plus Care program. Funding announcements for this program
will be released in October. $2,000,000 was requested. If selected for funding, this project
will provide housing subsidies for homeless disabled people in the Ukiah and Coastal areas
of the Mendocino County. The housing would be coordinated with an array of services
provided by local agencies serving this population.
County of Mendocino CDBG Application, 1993. Representing the Mendocino County
Department of Social Services, Sharon Kiichli worked with staff from the Community
Development Commission of Mendocino County, the Ukiah Community Center and with
the Mendocino Coast Shelter and Housing Coalition to design a comprehensive program
of services for homeless people in Mendocino County. The service plan was included in
the 1993 application for CDBG funds which was submitted by the Community Development
Commission of Mendocino County. Unfortunately, this proposal was not funded.
3
_~o~-
City of Uldah Federal Emergency Shelter Grant Program (FESG), 1992. Kiichli and
Associates worked with the Ukiah Community Center and Ford Street Project to develop
a program plan and application for funds under the FESG program of the State Department
of Housing and Community Development. Sponsored by the City of Ukiah, the project was
funded for $280,000. Funds support operating expenses and services provided by
the Ukiah Community Center and Ford Street Project, including an innovative Homeless
Prevention Program with a revolving loan fund.
Ukiah Food Bank Food and Nutrition Program, 1992. Under contract with the Ukiah
Community Center, Kiichli and Associates developed a program plan and grant application
to the U.S. Department of Health and Human Services, Office of Community Services Food
and Nutrition Program to support food, nutrition education and health screenings for
homeless people in Mendocino County. The project was funded for $50,000. Services are
provided by the Ukiah Community Center Food Bank, the County Department of Public
Health and Plowshares Community Dining Room.
Ukiah Food Bank Food Stamp Outreach Program, 1992. Through a contract with the
Ukiah Community Center, Kiichli and Associates facilitated a planning process to develop
this innovative model program aimed at improving the health and nutritional status of
homeless and other very low income people in the Ukiah area. Kiichli and Associates
prepared an application for funds to the U.S. Department of Agriculture which was funded
for $38,000. This project was one of fourteen funded in the nation. Program components
include outreach and assistance in accessing the federal Food Stamp Program, a nutrition
education program and a bag meal program to supplement the one meal per day served
by Plowshares Community Dining Room.
North Coast Opportunities Employment Training Program for the Homeless, 1989.
Working with the staff of NCO's Advancement Enterprises, Kiichli and Associates designed
a model employment and training program for homeless people in Mendocino County and
prepared an application for funds to the U.S. Department of Labor. Funded at $100,000
as a pilot project by the Department of Labor, this program has continued since 1989
through local JTPA funds. The original grant was one of 45 proposals funded nationwide.
Ford Street Project Transitional Housing for Homeless Families, 1987-88. Working with
the staff of Ford Street Project and the Community Development Commission of Mendocino
County, Kiichli and Associates developed a program plan and prepared an application for
funding under HUD's Supplemental Assistance to Facilities that Assist the Homeless
Program (SAFAH). Funded by HUD for $465,000, this grant provided funds to construct
four transitional housing apartments and a day care center on the Ford Street property, as
well as three years of case management and supportive services to assist homeless families
in stabilizing their lives and becoming more economically self-sufficient. Kiichli continued
consulting with Ford Street Project through the start-up of this project, working with the
architect to create a design which would address the specific needs of this population.
Ford Street Project Transitional Housing for CMI Homeless, 1988439. Concurrently with
the SAFAH project, Kiichli and Associates developed an application for funding under
HUD's Transitional Housing Program to support the leasing of six apartment units in the
Ukiah area and the provision of case management and supportive services for CMI
homeless individuals. This proposal was funded for approximately $300,000 for the first
three years. The grant has been renewed and continues to support the leasing of six units
on Waugh Lane for use as transitional housing for CMI homeless people.
Between 1988 and 1992, most of the projects undertaken by Kiichli and Associates were in related
to alcohol and other drug abuse prevention and community economic development. During that
time, Kiichli and Associates prepared successful applications for federal funding supporting local
alcohol and other drug abuse prevention initiatives and treatment services which brought
approximately $5,000,000 into Mendocino County. During the same period of time, Kiichli and
Associates developed proposals for the WEST Company and for NCO's Advancement Enterprises
which garnered approximately $1,250,000 to support local community economic development
programs sponsored by these two organizations. Other Kiichli and Associates projects over the
past five years have included work in San Luis Obispo County, Placer County, Lake County, Tulare
County, Butte County and two statewide program evaluations.
Thomas MonPere--Other Projects
For the past five years, Thomas MonPere has been responsible for planning and preparing all of
the funding packages to support housing projects developed by the Rural Communities Housing
Development Corporation. His responsibilities include preparing applications for a mix of private
and public funding to support all phases of the projects (pre-development, construction and take-
out). In this capacity, he has prepared several HUD 202 loan applications for housing for the
elderly, HUD 811 applications for housing for the handicapped, applications for financing through
the Farmers Home Administration and grant proposals for Community Development Block Grant
(CDBG) funding. Over the past three years, MonPere has created the Lake County Housing
Authority, conducted studies of housing conditions and managed household surveys for the County
of Lake and the City of Lakeport and developed CDBG applications for housing rehabilitation and
farmworker housing projects.
II. Understanding of Community Needs and Desires
Kiichli and Associates experience in Mendocino County, particularly in the Ukiah area, has allowed
the consultants to develop an indepth understanding of the needs of the homeless population in
this area, as well as an understanding of the housing alternatives and service systems which are
currently in place. Furthermore, we have an awareness that the residents of Ukiah would like to
see homelessness reduced in this community, in order that all of the community's citizens may
have safe places to live, and to ensure a safe and healthy community for all residents.
To accomplish this, Kiichli and Associates understands that the proposed project must be one with
a long-term impact. The Housing Needs Assessment Study must result in a report that will be
usable over time, and the proposals which are developed must have the potential for long-term
impact upon the problem of homelessness int his area.
III. Work Program (Including Methodology and Analysis)
A. Project Management/Community Input
Kiichli and Associates will perform all of the management functions for the proposed project,
including interface with the City of Ukiah Planning Department and the California Department of
Housing and Community Development, oversight of all of the project activities, maintenance of
fiscal and other records as required, and the execution of subcontracts with two local non-profit
agencies for staff assistance with a survey of homeless families and individuals in the Ukiah area.
An advisory committee will be formed to guide the project and provide input into the products
(Housing Needs Assessment and the funding applications). The purpose of the project advisory
committee will be to ensure that the project will benefit from the knowledge and expertise of
individuals in the community who have experience in the areas of housing and supportive services
for homeless people. Specifically, the project advisory committee will review and provide input
on: the design of the Housing Needs Assessment; the interview protocols; findings from the
Housing Needs Assessment; and the program plans for the funding applications (a multi-agency
planning body will be assembled to design the proposals; this planning body will be formed by
expanding the project advisory committee as needed).
The project advisory committee will be composed of consumers of services (if available), advocates
for the homeless and representatives of the primary agencies that provide services to the target
population in the Ukiah area. The following agencies have been identified as appropriate
candidates for the project advisory committee: Ford Street Project; Ukiah Community Center;
Plowshares, Project Sanctuary, the County Departments of Social Services, Public Health (Division
of Alcohol and Drug Programs) and Mental Health; North Coast Opportunities; the Community
Development Commission of Mendocino County; and Rural Communities Housing Development
Corporation. Letters of support and commitment to participate on the project advisory committee
have been secured from some of these agencies (see Appendix II of this proposal).
The Advisory Committee will meet at regular intervals throughout the project as determined by
the group. This group will also assist with a public presentation of the findings from the Housing
Needs Assessment.
6
B. Housing Needs Assessment Study
Objective 1: Determine the number of homeless chronically mentally ill (CMO individuals and
homeless families within the City of Ukiah.
Tasks to be pexformed:
All existing data related to homelessness will be collected from service providing agencies
in the Ukiah area. Data will be collected from: the Gity of Ukiah Department of Public
Safety; the Ukiah Community Genter; Ford Street Guest House; Plowshares; the Mendocino
Gounty Department of Social Services; the Mendocino County Department of Mental
Health; the Mendocino Gounty Department of Public Health, Division of Alcohol and Other
Drug Programs; the Gommunity Development Gommission of Mendocino Gounty; and
North Goast Opportunities' Advancement Enterprises.
° Previous needs assessments and reports related to homelessness in Mendocino County will
be reviewed.
° Other existing secondary source data relating to homelessness in the Ukiah are~ will be
researched.
An interview protocol for providers of services to homeless CMI individuals and to
homeless families will be developed. Interview questions will focus on the community, or
culture, of homelessness in Ukiah to contextualize numerical data from service providers.
Information will be gathered related to the needs of homeless people (needs for housing
and supportive services) as perceived by the service providers and the services and facilities
which are currently available.
Providers of services to homeless individuals and families in the Ukiah area will be
interviewed in person. Interviewees will include key individuals from the agencies listed
in Task I above. A sample of local motel managers who accept shelter vouchers from the
Ukiah Community Center will also be interviewed.
A survey protocol will be developed to directly interview a sample of the homeless people.
The survey protocol will be designed to serve the dual purpose of providing information
which will contribute to a determination of the number of homeless people in the Ukiah
area and an assessment of the needs of this population for housing and supportive services.
A sample of homeless people will be surveyed. The project advisory committee will assist
with locating homeless people for interviewing. Locations which have been identified to
date include Plowshares, the Ukiah Community Center, Ford Street Project and the
campgrounds at Lake Mendocino. Staff and volunteers from service providing agencies will
assist with the interviews via a sUbcontract with Kiichli and Associates.
In order to produce accurate, unduplicated counts of the number of homeless people in
Ukiah, numerical data from service providers will be analyzed in the context of information
derived from personal interviews. For example, the records maintained by different
agencies will not typically be comparable. The only way to sort and compare the data from
different agencies will be to use information from providers regarding patterns of
homelessness. The standards used by experts in the field for estimating the total number
of homeless people in an area based upon a known sample in that area will be researched
and applied. The publication Practical Methods for Counting Homeless People; A Manual
for States and Local Jurisdictions (Interagency Council on the Homeless and the U.S.
Department of Housing and Urban Development, March 1992) will be a key resource for
accomplishing this task.
° The needs of homeless people for housing and supportive services will be analyzed and
quantified.
° The analysis will produce the following:
a) the estimated number of individuals and families with children on the streets on any
given night; an estimate of the number/percent of these who are chronically
mentally ill (CMI);
b) the estimated number of individuals and families with children housed in shelters,
motels, and campgrounds on any given night; percent CMI;
c) the estimated number of individuals and families with children who experience
episodes of homelessness in one year; percent CMI;
d) the estimated number of homeless individuals and families with children who travel
through the Ukiah area in one year; percent CMI;
e) the percent of homeless individuals and families with children in the above (a-d)
categories who desire housing in this community; the type of housing needed;
f) the percent of homeless individuals and families with children in the above (a-d)
categories who need and desire supportive services, by type of supportive service.
This analysis will appear in Section III of the Draft Housing Needs Assessment
Report and the Final Housing Needs Assessment Report (see Products, page xx).
8
- ~% -
Objective 2: Determine the type of housing suitable for homeless CMl individuals and homeless
families within the City of Ukiah.
Tasks to be performed:
The current literature related to housing the homeless (CMI individuals and
homeless families) will be reviewed. Sources will come from agencies that publish
state of the art research in this field such as the: U.S. Department of Housing and
Urban Development (HUD); U.S. Department of Health and Human Services; the
Interagency Council on the Homeless; and HandsNet, an electronic bulletin board
service which provides information related to reducing homelessness.
The interviews with local providers of services will include their perceptions of the
type of housing which is suitable for homeless people in the Ukiah area (see tasks
for Objective 1).
The interviews with a sample of homeless people from each target group will
include information related to their housing needs and wants (see tasks for
Objective 1).
The contractor will review the minutes of the Coastal Shelter/Housing Coalition and
summarize the housing needs and issues which have been identified by this group
over the past year. (The Coastal Shelter/Housing Coalition is a group of homeless
people, advocates for the homeless and service providers. Even though this group
is focused upon the needs of the homeless in the coastal area of the county, the
needs will be similar in some ways, and this is the only organized homeless
consumer/provider group working on these issues in the County.)
The results of the literature review will be summarized and synthesized with the
information which has been gathered locally.
The analysis will be presented in Section IV of the draft and final Housing Needs
Assessment Report.
Objective 3: Determine the current housing stock's potential to accommodate homeless CMl and
homeless families with children.
The Housing Elements of the City of Ukiah and the County of Mendocino's General
Plans will be reviewed. Information which is current and applicable will be
summarized.
9
1990 Census data regarding Ukiah's housing stock and housing occupancy will be
reviewed.
The amount and type of low-income (subsidized) housing, including permanent
housing, shelter and transitional housing which is available in the Ukiah area will
be assessed. The assessment will include the type of housing, rental rates, the level
and type of subsidy, eligibility requirements and waiting period.
Key informants in the low-cost housing field will be interviewed, including, but not
limited to, staff from the Community Development Commission of Mendocino
County, Rural Communities Housing Development Corporation, the Ukiah
Community Center and the Mendocino County Board of Realtors.
The first step of the analysis will be to see if the information found in the two
Housing Elements, the 1990 census, and that gleaned from surveys interviews are
comparable and consistent. If they are not, differences will be reconciled through
consultation with experts in this area.
A summary of the amount and type of the available housing stock which could
accommodate the needs of the target homeless groups will be prepared.
The analysis of available housing stock will be compared to data gathered on the
housing needs of the target groups (Objective 1) and the type of housing which is
suitable for these groups (Objective 2). The comparison will provide a discussion
of the potential of the existing housing stock to accommodate the target groups.
The amount and type of housing which is needed to accommodate the target group
will be analyzed and discussed.
These analyses will appear in Section V of the Draft Housing Needs Assessment
Report and the Final Housing Needs Assessment Report.
Objective 4: Determine the appropriate array of supportive services needed by homeless CMl
individuals and homeless families in conjunction with housing.
Tasks to be performed:
The current literature on the supportive service needs of homeless CMI individuals
and homeless families, as well as state of the art programs which coordinate the
provision of supportive services with housing the homeless will be reviewed. As
above, sources will come from agencies such as the U.S. Department of Housing and
Urban Development (HUD) and the U.S. Department of Health and Human Services,
and the Interagency Council on the Homeless which distribute research in this field.
The interviews with a sample of homeless people from the target groups will include
information related to their supportive service needs and wants (see tasks, Objective
1).
The interviews with local providers of services will include information related to
their perceptions of the supportive service needs of the target population (see tasks
for Objective 1).
The contractor will review the minutes of the Coastal Shelter/Housing Coalition and
summarize the supportive service needs which have been identified by this group
over the past year (see tasks for Objective 2).
The results of the literature review will be summarized and synthesized with the
information which has been gathered locally.
The analysis of the array of supportive services needed by homeless people in the
Ukiah area will be presented in Section IV of the draft and final Housing Needs
Assessment Report.
Objective 5:
Det~e the array and amount of supportive services that are currently available
in the community, and the capacity of these services to address the service needs of
the target populations.
Tasks to be Performed:
The interviews with local providers of services will include information related to
the array of services which are currently available to address the needs of homeless
people in the Ukiah area (see tasks for Objective 1). This information will be
summarized by service type. The summary will include information related to the
availability of the service, the target population, eligibility requirements, any fees
for service or other barriers to accessing the services.
The recently published Community Resource Directory for the Ukiah area will be
reviewed and compared to the information gathered through the interviews. The
summary of services available will be expanded as indicated by this comparison.
The analysis of the availability of services will address the following questions:
What types of services are available? Where are they located? Are they accessible
to homeless people? Have the services been designed to accommodate the specific
needs of homeless people? Are homeless people utilizing the services? What are
the barriers to accessing and utilizing the services? Are the services coordinated?
Are the services coordinated with or connected to the housing options?
The amount and type of supportive service needs of homeless CMI and homeless
families with children (Objective 4) will be matched against those that are
determined to be available in the community. Gaps and overlaps in services will be
analyzed.
The supportive service needs of homeless people in the Ukiah area (based upon the
information gathered through the data analysis and interviews described in the tasks
for Objective I plus the review of literature related to the supportive service needs
of homeless people) will be compared with the analysis of the supportive services
which are available in the local community. This analysis will lead to a
determination of the supportive services which are needed in the community to
effectively address the needs of the target groups.
These analyses will appear in Section VI of the Draft Housing Needs Assessment
Report and the Final Housing Needs Assessment Report.
Objective 6. Solicit and incorporate public comment into the Draft Housing Needs Assessment
Report.
Tasks to be Performed:
Throughout the process input will be solicited from the project advisory committee. A
draft of the Housing Needs Assessment Report will be produced according to a timeline
agreed upon by Kiichli and Associates and the City of Ukiah (see Section VI, Schedule of
Deliverables). This Draft Housing Needs Assessment Report will be provided to the
Community Development Department and the City Council for review and public comment.
A copy of the Draft Housing Needs Assessment Report also will be distributed to each of
the agencies that provided information for the needs assessment. Each copy of the Draft
Housing Needs Assessment Report will have a cover page that clearly indicates the deadline
for submission of comments. Should the City of Ukiah wish to schedule a public forum for
receiving comments, Kiichli and Associates will assist with the forum as needed. Comments
will be reviewed and a response will be written for each comment. Comments will be
incorporated into the draft (modifications will be made) as appropriate and a Final Housing
Needs Assessment Reports will be produced.
C. Preparation of Applications for Funding
Objective 7: Prepare two applications for funding one on behalf of homeless CMI individuals
and one on behalf of homeless families with children.
Tasks to be performed:
Concurrently with the start of the Housing Needs Assessment, the contractor will
research funding sources for grants or low interest loans for projects to benefit the
target homeless groups. Federal, State, local and private sources of funding will be
explored.
The grant programs which have been identified will be summarized and presented
to the project advisory committee and to the City of Ukiah. As the initial
information from the needs assessment becomes available, the project advisory
committee will be asked to establish priorities for seeking funds. The
recommendations from the advisory committee will include a very basic program
plan, the identification of the needs which would be addressed through each
proposal, the target groups which would be served, the agencies which would be
involved in developing or managing the housing and/or providing the supportive
services, and the approximate amount of money which would be requested.
The priorities as established by the advisory committee will be presented to the City
of Ukiah for review and for a final decision as to what proposals will be developed.
The project advisory committee will be expanded to include any providers of
housing or supportive services that should be included in the planning for the
proposals plus representatives of the City of Ukiah as determined appropriate by the
City.
Kiichli and Associates will organize and conduct planning sessions aimed at
developing the program design and budget for the funding proposals.
Specific proposals will depend upon a willing sponsor agency, availability of
matching funds, and if the construction of housing is selected as a priority, the
availability of parcels/property and the type of financing offered.
Kiichli and Associates will take full responsibility for preparation of all of the
components of the funding proposals. The proposals will be prepared and submitted
to the City of Ukiah in a timely fashion: by at least one week before the due date
if one has been established, and by February 28, 1994 if the proposal is due after
that date. (Because the funding cycles of HUD and many of the other major funders
of housing and supportive services for homeless people are not coincident with the
13
timetable for this project, the funding applications written for the City may need to
be based upon the 1993 RFPs. These funding proposals could be modified to meet
the guidelines in the 1994 RFPs when the RFPs are published.)
IV. Products
There will be a total of four products completed for this project. Detail related to the content of
each product can be found in the listing of tasks and analysis for each objective listed in the
Work Plan in Section III of this proposal.
1. Draft Housing Needs Assessment Report
Kiichli and Associates proposes to include all of the components of the Needs Assessment
in the Draft Housing Needs Assessment Report, i.e., the estimates of numbers of homeless
people in the target groups, the housing need and current housing stock in Ukiah
(Objectives 2 and 3), and the need and availability of supportive services in Ukiah
(Objectives 4 and 5). The Needs Assessment Reports will encompass the needs of all of
homeless people in the Ukiah Valley, with particular emphasis on the two target groups
(CMI and families).
The Draft and Final Housing Needs Assessment Reports will include a Technical Appendix.
The Technical Appendix will provide the City with a free-standing collection of data
pertaining to housing and homelessness which can be updated in the future to monitor
changes in homelessness and to update the needs assessment.
Proposed Outline for the HOUSING NEEDS ASSESSMENT REPORT:
II.
III.
IV.
Me
VI.
VII.
VIII.
IX.
Introduction and Summary
Methodology for Developing the Housing Needs Assessment Report
Description of Homelessness in the Ukiah Valley
Needs of the Homeless in the Ukiah Valley
- Housing Needs
- Supportive Service Needs
Availability of Housing to Address Identified Needs of the Homeless
Availability of Supportive Services to Address Identified Needs of the Homeless
Comparison of Needs and Resources; Identification of Gaps
Conclusion--What's Needed in the Community
Technical Appendix
2. Final Housing Needs Assessment Report
The Final Needs Assessment Report will follow the same outline as the Draft. The extent of
changes in the Draft will depend on the types of comments submitted by the City, by the public,
and by the agencies reviewing the draft.
3 and 4. Funding Applications
Two funding applications addressing the needs of CMl homeless and homeless families will be
prepared by the contractor. While the needs of both of these target groups will be addressed, one
or both of the applications may be a more comprehensive proposal which targets the needs of
both groups.
The content of the funding applications will be dictated by the guidelines of the funding agency
to which the City decides to apply. It will be the responsibility of the contractor to ensure that all
parts of the application are completed in a timely fashion.
V. Completion Schedule
The Draft Housing Needs Assessment Report is scheduled for completion six weeks prior to the
deadline for completion of the funding applications. This was done so that a) the findings from
the Housing Needs Assessment Report can be used inform the Community Development
Department and the City Council regarding types of funding to apply for and b) the findings from
the Housing Needs Assessment can be used by Kiichli and Associates in preparing the funding
applications.
Kiichli and Associates will request that comments on the Draft Housing Needs Assessment Report
be submitted no later than three weeks following its distribution--the week of January 10, 1994.
The comments will be incorporated into the Draft, and the Final Housing Needs Assessment
Report will be submitted to the City with the two funding apPlications on February 28, 1994.
Schedule of Delivexables
1. Draft Housing Needs Assessment Report
2. Final Housing Needs Assessment Report
3. Funding Application--Homeless CM[
4. Funding Application--Homeless Families
January 10, 1994
February 28, 1994
Timely submission by due date
or February 28, 1994
Timely submission by due date
or February 28, 1994
15
The contractor proposes to undertake all of the tasks and provide all of the products identified
in this proposal for a total of $30,000. (See Section VII, below, regarding potential for
negotiation.)
VII. Presumptions Upon Which Proposal is Based
This proposal is based upon an assumption that the City of Ukiah wants a Housing Needs
Assessment Report which is thorough and well researched, and which will be usable over a
five to ten year period of time as the City and the service providers in the community continue
to seek to prevent and reduce homelessness in the Ukiah area. The Work Plan we are
proposing for this project has been designed to produce such a document. Further, to ensure
that the study does have lasting value over time, we are proposing to develop a Technical
Appendix to the report which can be updated annually with little effort.
This proposal is also based upon an assumption that the City is seeking two funding proposals
of excellent quality--proposals which will receive very high ratings by the funding sources and
will be funded. The hours which have been allocated to the preparation of the proposals,
combined with Kiichli and Associates track record in developing successful grant applications,
are intended to lead to the funding of both grant applications.
It is our understanding that the City of Ukiah has been granted $25,000 for this project by the
State Department of Housing and Gommunity Development, and that the Gity's application
indicated that the Gity would commit $5,000 in matching funds for the project. It is also our
understanding that the Gity of Ukiah Redevelopment Agency has committed $5,000 in low and
moderate income housing funds as match for this project.
Our proposal is based upon this information. A contract for $30,000 would allow us to
undertake all of the tasks in the proposal. However, if funding for this project is an issue, we
are willing to discuss a scaled down version of the project for a slightly lesser cost.
SHARON KIICHLI
817 West Clay Street
Ukiah, GA 95482
(707) 468-1655
PROFESSIONAL EXPERIENCE
Consultant/Owner
Kiichli and Associates
1987 - Present
Owner of professional consulting firm offering management and organizational development
consultation to public agencies and non-profit corporations, including: needs assessments and
community studies, preparation of technical plans'and reports, program planning and proposal
writing, technical assistance in program start-up and administration, program evaluation and
board and staff development. Focus on human services, housing and economic development.
Consultant/Parmer
Mendocino Consulting Group
1986 - 1988
Member of a three-person consulting group providing consultation in the areas listed above, with
emphasis on the human services, women's economic development, services for the homeless and
developmentally disabled.
Project consultant
Redwood Coast Regional Center
1986
A one-year contract to establish community-based health care facilities for developmentally
disabled children in Mendocino County. Tasks involved the creation of a community-based
nonprofit corporation to manage the facilities, board training, the securing of health licenses, the
development of facility program plans, staffing patterns, plan for program administration, facility
operations and fiscal management.
consultant
A.R. Mahoney and Associates
1984- 1986
Member of a three-person consulting firm, providing consultation in program planning and
development, grant research and writing, program evaluation and management audits.
OTHER EMPLOYMENT/EXPERIENCE
Program Development Specialist
Mendocino County Department of Social Services
Coordination of Services for At-Risk Youth
Ukiah Unified Schools
1992- 1993
1989 - 1991
SHARON KIICHLI
Page 2
Administrator
People for People, Inc. - Mental health clients' rights advocacy program.
Employment Training Program Coordinator
Ukiah Unified School District
Parent Education/Staff Development Coordinator
Ukiah Valley Child Development Center
Program Planner
Uldah Valley Association for the Handicapped
Teacher/Administrator
Mariposa School
Coordinator of Planning and Community Development
North Coast Opportunities
1982 - 1984
1980 - 1981
1978 - 1980
1978
1977 - 1978
1974 - 1977
EDUCATION
Sonoma State University, Rohnert Park, CA- B.A. Psychology
San Francisco State University (1961-64)
PERSONAL Birthdate: 2/16/44
(1976)
SS#: 567-62-7971
REFERENCES
Alison Glassey, Director
Mendocino County Department of Social Services
Martin Bradley, Director
Ukiah Community Center
Joel Phillips, President
Evaluation, Management and Training, Inc.
Sacramento, California
Michael Pucci, Director
Community Development Commission of Mendocino County
(707) 463-1879
(707) 462-4822
(916) 363-9415
(707) 463-5462
Mari Rodin
336 W. Mill Street
Ukiah, CA 95482
(707) 462-9575
PROFESSIONAL EXPERIENCE
Consultant
Kiichli and Associates
Ukiah, California
1992 - present
Kiichli and Associates is a consulting firm offering planning and organizational development
services to public agencies and non-profit corporations. The firm specializes in community
assessments and studies, program development, proposal development and program
evaluation, with particular interest in the health and human service fields.
Specific projects and responsibilities:
Researcher, program planning assistant, and writer for the Mendocino County
STEP project, a multi-agency proposal for funds to the U.S. Department of
Housing and Community Development (HUD) to support transitional housing
alternatives and supportive services for homeless people in Mendocino County.
Researcher, program planning assistant and writer for the Shelter Plus Care
project, a multi-agency proposal to HUD to support permanent housing
alternatives for homeless disabled persons in Mendocino County. As the lead
consultant on this project, I had primary responsibility for the production of this
proposal.
Researcher, analyst and writer for an indepth evaluation of the Advancement
Enterprises employment and training program funded by the federal Office of
Community Services. Responsibility for all interviews, data analysis and
production of final evaluation report.
Researcher, analyst and writer for the Healthy Start Needs Assessment Study, a
county-wide study of the educational, health and social service needs of families
of elementary school children in Mendocino County. Responsibility for all data
analysis and report writing.
Researcher, analyst and writer for an evaluation of the Crisis Line services
provided by the Ukiah Community Center in collaboration with other agencies in
the Ukiah area.
Mari Rodin
Page 2
Research Associate
Impact Assessment, Inc.
La Jolla, California
1989- 1992
Impact Assessment, Inc. is an applied social science research consulting firm. Research
Associate position included preparation of research proposals; design of questionnaires and
data collection instruments; performance of field and archival research; management of
secondary data; data analysis; and research report preparation and production.
Specific projects and responsibilities:
Field researcher, analyst and writer for the Socioeconomic Impact Assessment of
the Proposed High-level Nuclear Waste Repository at Yucca Mountain, Nevada.
This project was conducted for Clark County Nevada, under the direction of the
Clark County Department of Comprehensive Planning. This was a
multidisciplinary project that involved economic, demographic, transportation and
emergency response analyses.
Field researcher, analyst and writer on the Economic, Social, and Psychological
Impact Assessment of the Exxon Valdez oil spill. Participated in the design of
interview protocols and data collection instruments. Conducted field research in
the communities of Angoon, Kenai, Petersberg, Seward, 'Soldotna, Valdez, and
Whittier.
Secondary source researcher, analyst and writer on the North Pacific Fishery
Management Council project for the Social Impact Assessment of the
Inshore/Offshore Amendment Proposal for commercial groundfish quota
allocations.
Secondary source researcher and writer on the federal Minerals Management
Service Socioeconomic Studies Program to document institutional development
and change on Alaska's North Slope.
Research Assistant
Departments of Epidemiology, Community Medicine and Anthropology
Case Western Reserve University
Cleveland, Ohio
1987
Conducted interviews for the Cleveland Study of the Elderly and for a pilot study which
sought to assess levels of stress in elderly people by means of structured interviews and
measurement of urinary catacholamines.
Mari Rodin
Page 3
Sierra Leone 1986
West Africa
Participated in a community development project, the primary purpose of which was to assist
local people in the construction of a road. Participated in a variety of the activities of village
life.
EDUCATION
M.A. Medical Anthropology, Case Western Reserve University 1988
(M.P.H. equivalent in epidemiology and biostatistics)
B.A. Anthropology, University of California, San Diego
1985
PAPER PRESENTATIONS
1990
Community response to the Exxon Valdez oil spill. Presented at the 89th Annual
Meetings of the American Anthropological Association, New Orleans, LA,
November 19-23, 1990.
o
1988
The social and cultural construction of premenstrual syndrome. Paper presented
at the 87th Annual Meetings of the American Anthropological Association,
Phoenix, AZ, November 18-21, 1988.
PUBLICATIONS
"Community Impacts Resulting from the Exxon Valdez Oil Spill". Industrial Crisis Quarterly,
October 1992.
"The Social Construction of Premenstrual Syndrome". Social Science and Medicine, July
1992.
COMPUTER CAPABILITIES
Facility using IBM compatible and Macintosh computers. Knowledge of word processing
programs Word Perfect 5.1, Microsoft Word 5.1, and MacWrite; the SPSS PC and
QUATYRO data analysis and spreadsheet programs.
References provided upon request.
THOMAS MON PERE
1129 West Church Street
Ukiah, CA. 95482
707 462 1865
PROFESSIONAL EXPERIENCE
1988-Present
Housing Consultant
Rural Communities Housing Development Corp.
Ukiah, CA.
This position involves conducting housing surveys, housing market
studies, as well as preparing funding proposals for housing
projects. The preparation of these proposals involved
development of project budgets, financial plans, and packaging of
various funding sources.
1986-1988
Management Consultant
Self-Employed
Ukiah, CA.
This involved providing management assistance to non profit human
service agencies. Such assistance included: overall agency
management, financial and personnel management, funding, and
program development.
.
1981-1985
Executive Director
North Coast Opportunities
Ukiah, CA.
Under the direction of the Board of Directors, responsible for
all aspects of administration of the community action agency for
Lake and Mendocino Counties, including supervision of agency
controller and ten program directors in various programs serving
women, children and seniors in poverty.
1978-1980
Project Director
Center for Education and Manpower Resources
Ukiah, CA.
Developed and administered a training and technical assistance
project for community action agencies in California which created
and presented workshops on program planning, management, and
grantsmanship. In addition, this included providing technical
assistance to agencies in developing employment and training
programs for the long term unemployed.
1975-1978
Consultant
Self-employed
Ukiah, CA.
Developed job training programs in the forest products industry
including reforestation, stream clearance, wood waste utilization
and trail construction. Worked on contracts with public and
private agencies to develop specific job training programs
targeted on the needs of the displaced wood workers and
unemployed youth.
1972-1975
Executive Director
North Coast Opportunities
Ukiah, CA.
Under supervision of the Board of Directors, responsible for
administration of the community action agency for Lake and
Mendocino Counties shortly after the agency started. Responsible
for all administrative tasks with efforts focused
on program development.
1968-1972
Field Representative
Office of Economic Opportunity
San Francisco, CA.
Responsible for funding, monitoring, and providing general
assistance to several community action agencies in Arizona and
Nevada. In addition, responsibilities included assisting
agencies in developing effective employment and ~ob training
programs.
EDUCATION
OTHER
REFERENCES
B.A., Saint Mary's College, Moraga, CA. 1961
M.A., University of California, Los Angeles, CA.
Anthropology, 1967.
Additional coursework in Management, Real Estate,
Housing Financing, and computers.
Service Record: U.S. Army 1962-63
Peace Corp Volunteer: Peru 1963-65
Foreign Language: Spanish
Available upon request
1
Serving Mendocino County Since 1973
September 16, !993
City of Ukiah
Attention: Mike Harris, AICP
Director of Community Planning
300 Seminary Avenue
Ukiah, CA 95~82
Dear Mike:
On behalf of the Board of Directors and the staff of the Ford
Street Project, I am writing to indicate our full support for the
accompanying proposal by Kiichli and Associates to do a Housing
Needs Assessment and write two grant proposals on behalf of
homeless people. I have also committed to serving on an advisory
committee to oversee the project if their proposal is accepted.
As you know, I have been very interested in gaining accurate and
useful information on homeless families and mentally ill homeless
individuals, for the specific purpose of improved targeting of
housing and related services for these groups in funding
applications. I am convinced that Kiichli and Associates, a local
firm with an extraordinary track record of successful grant
applications, is ideally suited to provide the services you are
requesting. Ford Street Project is currently .enjoying the fruits
of three of Sharon Kiichli's successful grant applications on
behalf of both of the populations tarKeted by your RFP. In
addition, I have often witnessed Sharon's ability to provide
effective needs assessments by securing vital information on
homelessness from a variety of sources. She is resourceful,
thorough and produces consistently good results.
I have already discussed the proposed project at length with Sharon
Kiichli and Marl Rodin of Kiichli and Associates and have reviewed
a first draft of their proposal. I am very impressed with their
understanding of the issues and their proposed work program. I am
certain that the City of Ukiah will find this project to be well
worth its support.
Si~cerely~
l~lark Rohloff
Executive Director
Administrative Offices Ford Street Guest House
139 Ford Street · Ukiah, California 95482 · (707) 462-1934
EMERGENCY SHELTER
MENDOCINO HOMELESS PROGRAM
OUTPATIENT DRUG & ALCOHOL SERVICES
RRST OFFENSE DUI PROGRAM
FAMILY TRANSITIONAL HOUSING
FORD STREET CHILDREN'S HOUSE
COMMUNITY DEVELOPMENT
Of Mendo ino Counf. y
Main Office: 1070 North State St., Ukiah, CA 05402
Coast Office: 325-A East Redwood Ave., Fort Bragg, CA 95437
Michael T. Pucci, Executive Director
707/463-5462
707/961-2405
FAX: 707/463-4188
TDD: 707/463-5697
September 15, 1993
City of Ukiah
Attn: Michael Harris, AICP
Director of Community Development
300 Seminary Avenue
Ukiah, CA 95482
Dear Ms. Harris:
It is my pleasure to describe my familiarity with the work of
Kiichli and Associates in the area of homelessness. Kiichli and
Associates has worked with CDC since 1987 in conjunction with
several projects concerning the homeless. One project in
particular was the addition to the Ford Street Project which
occurred in 1988 and 1989. Ms. Kiichli was instrumental in
preparing a grant which was successfully funded and was an
integral part of this program.
In the past six months, Kiichli and Associates has worked with
this agency in preparing three grants concerning the homeless in
Mendocino County. The first was a Community Development Block
Grant, which would set up a homeless resource center on the Coast
and provide a Self-Sufficiency Program, which would help train
homeless persons to become less dependent on Social Services.
The second grant was a Supportive Housing Program which would
provide essential services and housing assistance for homeless
persons in Mendocino County.
The third was a Shelter + Care Program which linked housing with
essential supportive services for disabled homeless persons. In
preparing these three applications, Kiichli and Associates have
become very familiar with the problems and issues surrounding
homeless persons in Ukiah and Mendocino County.
Myself or someone else from this agency would be happy to
participate on an advisory committee that would provide input on
the housing needs assessment being done by the City of Ukiah.
Should you have any questions, please call.
.' p¢c'¢~'~ ~
Executive Director
MTP:mag
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COMMUNITy C£ T£R
505 South State Street, Ukiah, CA 95482 · (707) 462-8879 463-HELP
Sept 17, 1993
Michael F. Harris
Director of Community Development
300 Seminary Avenue
Ukiah CA 95482
Dear Michael:
I am writing to express the Ukiah Community Center's support for Kiichli and
Associates proposal to conduct a housing needs assessment and prepare funding
proposals for the City of Ukiah.
UCC has had a long professional relationship with Kiichli and Associates, contracting
with her to wdte several grant proposals that resulted in the Community Center
receiving funding from both governmental and foundation sources. Most notable in my
mind are a four year grant from the James Irvine Foundation to develop the WEST
Company (an innovative women's economic development project), a $200,000 two
-year Federal Emergency Shelter Grant (FESG) to support horrieless support services
for the Ukiah Community Center and Ford Street Project, and a $38,000 Food Stamp
Outreach to the Homeless grant with the United States Department of Agriculture.
The Community Center supports this proposal for a Housing Needs Assessment. If
Kiichli and Associates is selected as the contractor, we will participate in the Advisory
Committee to prepare, review and evaluate the needs assessment and develop
funding proposals for future grant applications.
Thank you for your favorable consideration of this proposal. Please do not hesitate to
call me if you have any questions.
Sincerely,
EMxaer~ unt ,Bv~a i~'iereYct o r
A Ij~l'l~ D WAY AG~NC ¥
A United Way Agency Providing Crisis, Emergency and Community Service since 1971.
Put Your Heart
in the Right Place
CRISIS
463-HELP
Project Sanctuary
Box 995 · 4OO-B Talmage Road · Ukiah. CA 95482
SHELTER
462-7862
OFFICE
462-9196
September 16, 1993
City of Ukiah
Attn: Mr. Mike Harris, AICP
Director of Community Development
300 Seminary Avenue
Ukiah, CA 95482
Dear Mr. Harris,
Project Sanctuary is writing in support of the Kiichli and Associates proposal to complete
a Housing Needs Assessment and to write two grant proposals benefiting homeless
people.
I have worked with Sharon Kiichli in her efforts to develop and submit proposals on other
community projects. At least three of these efforts were supporting the needs of Ukiah's
homeless population. I have experienced her expertise and skills in bringing community
representatives together to develop proposal concepts and to prepare for the final
submission of proposals.
I support the concept to develop a local Advisory Committee to review the needs
assessment design, to interview protocols, and to serve as the planning group for the
funding proposals. The population served by Project Sanctuary, battered women and
victims of sexual assault, are also considered homeless
because of the violence occurring in their lives. Therefore, we have an interest in what
developments are forthcoming in the community designed to serve the homeless
population. As able, and as needed, Project Sanctuary is willing to participate in this
process.
Sincerely,
,
Dottie Deerwester, M.A.
Executive Director
C:'l~is l.ine
Shelter Residence
for Battered Women
and their Children
Sexual Assault
Crisis Services
A UNITED WAY AGENCY
Transition Services
SONOMA STATE UNIVERSITY
1801 East Cotati Avenue
Rohnert Park, Ca!ifornia 94928
Department of Environmental Studies and Planning
707 664-2306
September 17, 1993
City of Ukiah
Attention: Michael F. Harris, AICP
Director of Community Development
300 Seminary Avenue
Ukiah, CA 95482
Dear Mike:
The Institute for Community Planning Assistance (ICPA) is pleased to
present our proposal to conduct a comprehensive homeless housing needs
assessment, and to prepare funding proposals for targeted low and
moderate income households. The ICPA proposes to provide the research,
surveys and analyses that are needed to carry out this project.
The Ukiah Homeless Housing Needs Assessment and Project Funding
Applications project will include two major components, the Housing
Needs Assessment and the Funding Applications. The first section of the
proposal includes the proposed Scope of Work, and includes a breakdown of
tasks. This section is followed by a list of the general terms of the contract,
and a cost estimate and anticipated timeline for completion of the tasks. A
description of the ICPA and its mission, as well as qualifications
statements for the key persons who will be involved in the project, are
provided in the enclosed brochures.
The ICPA has a proven record of successfully completing high quality,
credible, and professional studies for public agencies in the University's
service area. We appreciate your consideration of our proposal. Do not
hesitate to contact us if you desire additional information.
Sincerely,
Steven C. Orlick, Ph.D.
Professor, and ICPA Director
The California State University
UKIAH HOMEI,ESS HOUSING NEEDS STUDY AND
PROJECT FUNDING PROPOSALS
PROPOSED SCOPE OF WORK
I. Homeless Housing Needs Assessment
The goals of this section of the project are to:
1. Determine the number, characteristics and service needs of the
homeless population in the Ukiah Valley; and
1
Complete a comprehensive Affordable Housing Needs Assessment
for the general homeless population with an emphasis on homeless
persons who are mentally ill and homeless families with children.
Tasks:
Ia. Prelhninary Collection and Review of Data
The first task in the study is initial data collection. This effort focuses on
existing data sources and available literature. Comprehensive information
about the homeless population in the Ukiah Valley will be gathered from
existing sources and will be used to assist in the identification of agencies,
individuals and groups that provide services to or have a close association
with the homeless in Ukiah. Data collected from existing sources will be
used as a basis for establishing a preliminary estimate of the homeless
population. Preliminary interviews with individuals and agencies which
are currently involved in the provision of homeless services also will be held
at this time. These preliminary interviews will help to focus the scope and
direction of the field survey techniques and instruments.
Ib. Survey Development
Surveys instruments will be developed based on the information collected
from the literature search and preliminary interviews. The purpose of the
surveys is to accurately determine the most current information about the
homeless in Ukiah. This will be accomplished by surveying the people and
the agencies that directly attempt to address the needs of the homeless.
Two separate survey instruments will be developed, one for use in the
interviews with providers and agencies, and the other for use in the
interviews with homeless persons. The surveys will establish the total
number of homeless in the Ukiah environs, number of in each category,
identify the type of housing suitable for each category, and determine the
necessary support services needed by each category. One meeting will be
scheduled with the Ukiah Community Development Department staff to
further refine the surveys. Sonoma State University's Committee on the
Rights of Human Subjects will review the draft surveys for compliance.
Ic. Interviews
Interviews with service providers, agencies, advocacy groups and
individuals that assist the homeless will be conducted in order to help
determine the number, location and needs of homeless individuals and
families.
Id. Administration of Survey of Homeless
An in-person survey will be administered to a minimum of 30 homeless
persons. The survey will be designed to determine the characteristics of
Ukiah's homeless population, the circumstances which led to their
becoming homeless, and questions that will allow surveyors to determine
appropriate support services.
Ie. Preliminary Assessment of Results of Surveys
Data collected from the surveys will be tabulated and summarized in a
preliminary report. An administrative draft of the report will be presented
for review by the City of Ukiah Community Development Department.
If. Presentation of Findings
The preliminary report, including data from the surveys, will be
disseminated for public review in draft form. The findings from this
report, as well as the responses to the public comments, will be shared
publicly at a City Council meeting or special session, as requested by the
City of Ukiah.
Ig. Preparation and l~'esentation of Final Report
The final Affordable Housing Needs Assessment Report for the homeless
population will include number of homeless persons in each category, the
type of housing suitable for persons in each category, the appropriate array
of support services needed by persons in each category, and an analysis of
the current housing stock's potential to accommodate the needs of people in
each category. The report will include a comparison of the characteristics
of the current homeless population with historic data in order to project
trends. The homeless population in the Ukiah Valley will also be compared
with that in other areas of similar size and rural character in order to
tailor programs to meet the unique needs of Ukiah's homeless people.
I I. Preparation of Proposals for Funding
The goals of this section of the project are to:
1. Prepare at least one major funding proposal to government or private
funding sources to support the needs of homeless individuals
suffering from mental illness; and,
2. Prepare at least one major funding proposal to government or private
funding sources to support the needs of homeless families with
children in Ukiah.
The applications for funding will focus on the objectives of acquisition and
rehabilitation of affordable housing for the two targeted populations, as well
as the integration of support services to assist the targeted groups in
escaping the homelessness cycle.
Tasks:
IIa. Preparation of a Case Statement
Based on information provided by the needs assessment and other
information collected in connection with this effort, a case statement will be
prepared to be used as the blueprint for all fi~nding applications. This case
statement will contain all pertinent information regarding the above
mentioned tasks.
IIb. Search of Funding Sources
11b. 1 F~_mdlrtg Identification
Using a "keyword" process derived from the case statement, a
comprehensive funding search will be conducted to identify governmental
and private funding sources. These sources include databases and
hardcopy directories that provide information about private foundations,
federal and state funding opportunities, and other potential sources of
funding. Potential funding sources will include the Department of Housing
and Urban Development, the State Department of Housing and Community
Development, the State Community Development Block Grant Program and
other funding sources as identified.
lib.2 Collection of Application Materials
After sources have been identified, preliminary contact will be made with
each funding source to discuss potential funding issues and to request
information regarding application procedures. Federal, state and local
agencies also will be requested to forward abstracts of similarly funded
projects.
IIc. Planning Session(s) with the Department of Community
Development
Once application materials have been received, (a) planning session(s) will
be held with approp~*iate City of Ukiah personnel to review appropriate
application materials and to decide an application strategy. Some issues to
be discussed will be application/implementation eligibility and funding
timelines.
IId. Preparation of Applications
IId. 1 Contact With Funding Sources
Based on information obtained from each funding source, the list will be
narrowed and more substantive conversations will be held with each
funding source to develop application strategies and gain feedback. This
information will be used in developing the individual proposals to be
submitted to varying funding sources.
IIcL2 Development of a Timetable and Task Delineation
Once prospects have been identified and decision to apply has been made, a
timetable of deadlines will be made for each specific funding source and
specific tasks delineated for completion. A checklist of application
requirements will be developed for each proposal.
lid.3 Proposal Development
Using information contained in application materials, proposals will be
developed according to the specified guidelines and forwarded to the City of
Ukiah, Office of Community Development. These applications will be
submitted to the City of Ukiah at least 3 weeks prior to the specified
deadlines.
UKIAH HOMEI~ESS HOUSING NEEDS STUDY AND
PROJECT FUNDING PROPOSALS
Products
All application materials and reports will be prepared and submitted
to the City of Ukiah according to application requirements and the internal
rules and regulations of the City of Ukiah. All materials become the
property of the City of Ukiah upon completion and submission.
Schedule of Completion
The Needs Assessment component of this study will begin upon
signing of the contract by the City of Ukiah and the Sonoma State University
Academic Foundation, Inc., as Contractor for the Institute for Community
Planning Assistance (ICPA). Preparation of a Case Statement (Task IIa.)
and Search of Funding Sources (Task IIb.) can begin concurrently with the
Homeless Housing Needs Assessment. A Project Timeline is attached.
Upon completion of the Needs Assessment, work will begin on
proposal preparation (Task IId). All proposals will be completed on or
before February 28, 1994. Actual proposal submission to each funding
source will be dependent upon established funding deadlines. No proposal
will be submitted prior to the February 28, 1994 completion date. No
proposal will be submitted to any funding source without approval of the
City of Ukiah.
Insuro_nce Requirements
The Sonoma State University Academic Foundation, as Contractor
for the Institute for Community Planning Assistance, has secured and will
maintain during the entire pe~-iod of performance of the tasks outlined in
the Scope of Work, insurance to meet the requirements set forth in
Attachment 2 of the RFP. A Summary of Coverage is provided with this
proposal.
Business License
A City of Ukiah Business License will be secured by the Contractor
prior to the commencement of work.
Schedule of Payments
The City of Ukiah shall provide an initial payment equal to 30% of the
total cost of this contract prior to the commencement of work. An
additional payment of 30% will be due upon presentation of the draft Needs
Assessment (Task Ie.), with the balance due upon satisfactory completion
of the project.
UKIAH HOMEI~ESS HOUSING NEEDS STUDY AND
PROJECT FUNDING PROPOSALS
COST ESTIMATE
Task Ia. Preliminary Collection and Review of Data
Project Director Steven C. Orlick
Projects Manager Jane A. Riley
Research Associates
2 hours at $50
20 hours at $21
30 hours at $12
Task Ib. Survey Development
Project Director Steven C. Orlick
Projects Manager Jane A. Riley
Research Associates
4 hours at $50
20 hours at $21
20 hours at $12
Task Ic. Interviews
Project Director Steven C. Orlick
Projects Manager Jane A. Riley
Research Associates
4 hours at $50
20 hours at $21
30 hours at $12
Task Id. Administration of Survey of Homeless
Project Director Steven C. Orlick 4 hours at $50
Projects Manager Jane A. Riley 20 hours at $21
Research Associates 80 hours at $12
Task Ie. Preliminary Assessment of Results of Surveys
Project Director Steven C. Orlick
Projects Manager Jane A. Riley'
Research Associates
4 hours at $50
40 hours at $21
40 hours at $12
Task If. Presentation of Findings
Project Director Steven C. Orlick
Projects Manager Jane A. Riley
Research Associates
5 hours at $50
10 hours at $21
10 hours at $12
Task Ig. Preparation and Presentation of Final Report
Project Director Steven C. Orlick
Projects Manager Jane A. Riley
Research Associates
10 hours at $50
40 hours at $21
40 hours at $12
$100
$420
$2OO
$420
$240
$200
$420
$200
$420
$960
$200
$s4o
$480
$250
$210
$120
$500
$840
$4so
Task IIa. Preparation of Case Statement
Project Director Steven C. Orlick
Projects Manager Jane A. Riley
Research Associates
2 hours at $50
8 hours at $21
30 hours at $12
$100
$168
Task IIb. Search of Funding Sources
Project Director Steven C. Orlick
Projects Manager Jane ~A. Riley
Research Associates
6 hours at $50 $200
40 hours at $21 $840
80 hours at $12 $960
Task IIc.
Planning Session(s) with Ukiah Community Development Dept.
Project Director Steven C. Orlick
Projects Manager Jane A. Riley
Research Associates
6 hours at $50 $300
6 hours at $21 $126
12 hours at $12 $144
Task IId. Preparation of Applications
Project Director Steven C. Orlick
Projects Manager Jane A. Riley
Research Associates
6 hours at $50
40 hours at $21
80 hours at $12
$300
$840
$96o
T(YrAL PERSONNEL COSTS
OTHER DIRECT COSTS:
PHONE & FAX
SUPPLIES & COPIES
POSTAGE
MILEAGE est 1500 miles at .27
TOTAL DIRECT COSTS
INDIRECT COSTS:
OVERHEAD AT 30% OF DIRECT
$13,518
$ 200
$ 180
$ 20
$ 405
$14,323
$ 4297
TOTAL CONTRACT COST
$18,620
ITEM NO. llb
DATE' October 6, 1993
A ~ E N DA S UMMARY RE P O R T
SUBJECT- REVIEW OF PROPOSED LEAGUE OF CALIFORNIA CITIES RESOLUTIONS
This is the last regular City Council meeting before the League of
California Cities Annual Conference on October 16. Therefore, it is
necessary for City Council to review the proposed League resolutions so
that the City's position can be determined on each item. Vice-Mayor
Shoemaker, acting as the City representative at the conference, can then
vote on your behalf at the Annual League Conference.
As with previous years, the League will take the direction established by
California cities in these resolutions to the next session of the State
Legislature.
Regretfully, the League was unable to mail the resolution packets in time
for us to attach them at our earliest opportunity. They should be here any
day, and we will hand deliver them the first part of next week. Staff will
also be reviewing the resolutions and will be prepared to offer thoughts
and recommendations on each of the proposed resolutions at the City Council
meeting.
RECOMMENDED ACTION- City Council review League of California Cities
proposed policy resolutions to develop the City's position relative to
same.
ALTERNATIVE COUNCIL POLICY OPTIONS-
1. N/A
Acct. No. (if NOT budgeted)- N/A Acct. No.-
Appropriation Requested- N/A (if budgeted)
Citizen Advised- N/A
Requested by- League of California Cities
Prepared by- Charles L. Rough, Jr., City Manager
Attachments: 1. None.
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ASRRes
ITEM NO. llc
DATE- October 6, 1993
AGENDA SUMMARY REPORT
SUBJECT' AUTHORIZE CHANGE OF TIME FOR OCTOBER 20, 1993 JOINT CITY
COUNCIL/UKIAH VALLEY SANITATION DISTRICT PUBLIC HEARING FROM
7'00 P.M. TO 2'00 P.M.
Both the City Council and Ukiah Valley Sanitation District Board
established October 20, 1993 at 7-00 p.m., for the public hearing to
consider the first phase of proposed sewer rate increases to finance the
Advanced Wastewater Treatment Plant improvements.
Staff is requesting that the joint public hearing be changed from 7'00 p.m.
on October 20, 1993, to 2:00 p.m. instead. It is anticipated that the
number of Sanitation District policy issues associated with this project,
and the proposed rates, will take a minimum of several hours, and the City
Council is facing a full City Council agenda for October 20 as it is.
The Chairman of the Sanitation District Board as well as County Board
representatives to the Sanitation Board have already concurred with this
time change, and staff is asking for City Council's consideration of this
request.
RECOMMENDED ACTION- City Council authorize time change for Joint City
Council/Ukiah Valley Sanitation District Public Hearing from 7:00 p.m. on
October 20, 1993 to 2'00 p.m. on October 20, 1993.
ALTERNATIVE COUNCIL POLICY OPTIONS-
1. Decline to change public hearing from 7'00 p.m. on October 20, 1993
2. Change public hearing from 7'00 p.m. to time other than 2:00 p.m.
Acct. No. (if NOT budgeted)- N/A Acct. No ·
Appropriation Requested' N/A (if budgeted)
Citizen Advised- N/A
Requested by-
Prepared by- Charles L. Rough, Jr., City Manager
Coordinated with' Ukiah Valley Sanitation District
Attachments- · 1
APPROVED' --
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ASRUVSD
lld.
ITEM NO.
DATE' October 6, 1993
A ~ E N DA S UMMARY RE P O R T
SUBJECT: ADOPTION OF RESOLUTION APPROVING THE APPLICATION TO THE
CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR DESIGNATION AS
A RECYCLING MARKET DEVELOPMENT ZONE
The Mendocino Solid Waste Management Authority is submitting an application
to the California Integrated Waste Management Board to have Mendocino
County and its incorporated cities designated as Recycling Market
Development Zones. This would attract special funding to assist in the
development of private sector recycling businesses, and post-consumer waste
materials markets.
The proposed resolution before you would accompany the application. There
will be corresponding resolutions from each of the cities and the County.
The application is being jointly prepared by Mike Sweeney and
Madeline Holtkamp, from our Ukiah Business Enterprise Center. Both
individuals are doing an excellent job in meeting a very tight deadline for
this application process.
RECOMMENDED ACTION- Adopt resolution approving application to CIWMB for
designation as Recycling Market Development Zone.
ALTERNATIVE COUNCIL POLICY OPTIONS-
1. Decline to adopt resolution.
Acct. No. (if NOT budgeted)- N/A Acct. No ·
Appropriation Requested- N/A (if budgeted)
Citizen Advised: N/A
Requested by: Mendocino Solid Waste Management Authority
Prepared by- Sue Goodrick, Public Works Administrator
Coordinated with- Charles L. Rough, Jr., City Manager
APPR0VED:Attaohmonts: ~/--~~ ~./~~.1.. Re~.sol~tio~j
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RESOLUTION NO.
RESOLUTION APPROVING THE APPLICATION TO
THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD
FOR DESIGNATION AS A RECYCLING MARKET DEVELOPMENT ZONE
WHEREAS, California law provides for the establishment of
Recycling Market Development Zones which provide programs and
incentives to stimulate markets for post-consumer waste materials;
and
WHEREAS, the success of state-wide implementation of the
California Integrated Waste Management Act of 1989 (AB 939) is
directly related to development of additional markets for post-
consumer waste materials; and
WHEREAS, businesses and individuals in Mendocino County are
eager to take advantage of any opportunities to create local
recycling industries; and
WHEREAS, the City Council of the City of Ukiah resolves that:
1. An application is authorized for designation of the
entire area of the City of Ukiah as a Recycling Market Development
Zone, together w~th other particiPating jurisdictions; and
2. The application will be made through the Mendocino Solid
Waste Management Authority; and
3. The City Manager and City Staff will assist in the
preparation of the Zone application by providing information on the
recycling market development potential and economic development
prospects of Ukiah; and
M/S Malone/Wattenburger to approve the Consent Calendar as
follows:
Sa. Adopted Ordinance No. 941, Amending Division 1, Chapter
3, Article 9 of the Ukiah City Code, providing for a
Building Inspector; issuing citation authority to the Code
Enforcement Officer.
8b. Accepted the work as complete and directed the city
Clerk to file the Notice of Completion for Design and
Construction of Equipment Maintenance Building at Ukiah
Municipal Corporation Yard, Specification No. 91-24, Busch
Construction.
8c. Awarded the bid for three 75NVA, one 300KVA, one
500K~A, 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.
Sd. Awarded the bid for 20,000 ft. of 397.5 MCM Bare
Aluminum Conductor to King Wire and Supply in the amount of
$8,043.75.
Se. Adopted Resolution No. 94-13, correcting Resolution No.
93-51, establishing fees for administration of Chapter 5,
Division 2 of the Ukiah City Code Regulating for Hire
Motor Vehicles.
8g. Accepted report regarding emergency purchase authorized
by City Manager to secure the services of the lowest bidder,
Reuser Company, for the removal of wood and yardwaste in the
amount of $18,750.
8h. Awarded 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.
8i. Received and accepted report of August 1993 register of
payroll pa~ents, dated July 18 to 31, 1993, #49288 to
#49508, in the amount of $162,953.63; and payroll payments,
dated August 1 to 14, 1993, #49509 to #49719, in the amount
of $145,954.79; and the demand warrants #61584 to #62068, in
the amount of $1,372,799.34.
8j. Authorized the City Clerk to re-advertise the two
upcoming public member positions on the Cultural Arts
Advisory Board.
The motion was carried by the following roll call vote:
AYES: Councilmembers Mastin, Malone, Wattenburger,
Shoemaker, and Mayor Schnetter. NOES: None. Absent: None.
9. Audience Comments on Non-Aqenda Items
None.
NEW BUSINESS
1la. Consideration of Amendments to City of Ukiah's
Qrdinance Pertaininq to the Regulation of Smokinq
Mayor schneiter explained to the audience in attendance
the meeting procedures for comments not to exceed 3 minutes
each with the proponents speaking first and then the
opponents speaking after.
The City Manager reported on the survey results which were
sent to 6,499 residents of the City which asked the
following questions: 1. In your opinion, is the city of
Ukiah'm present ordinance regulating smoking in our
community adequate?; 2. Do you think the City of Ukiah
should adopt the County's proposed changes to regulate
smoking in our community?; and 3. Are you a city resident
and/ur City business? Ne explained 2,455 cards were returned
Reg. Mtg.
SeDtember 15. 1993