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HomeMy WebLinkAboutMin 09-15-93with 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 procedures of the County; positive effects of no smoke in 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 Page 3 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 ~atrons, they were unaware of a proposal to prohibit smoking in bars and they were not in favor of it. He indicated he prefers legal equality in and out of the City limits, but noted we should encourage the County to pursue total restriction of smoking in all enclosed public places. 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 Ukiah, 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 Adjustinq Fees at th~ Ukiah Municipal Golf Course Community Services Director Horsley reported on the proposed golf course rate increase as recommended by the Golf Course Committee. She reported the purchase of the back eight holes of 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 Reg. Mtg. September 15, 1993 Page 4 formation. He explained the committee considered there is significant wear occurring on the course, needed capital improvements, City general fund budget constraints and total 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 requested 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: Councilmembers Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. Absent: None. NEW BUSINESS (Cont.) llb. Consideration of ProDosed Landscapinq Guidelines 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 proposed guidelines create help protect trees until we He reported the Planning these guidelines. Commissioner, explained these an interim policy statement to adopt an urban forestation plan. Commission unanimously approved 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. Reg. Mtg. September 15, 1993 Page 5 City staff indicated their appreciation for Council's discussion and will forward their comments to the Planning Commission and the Community Forest Committee. Recess - 9:37 p.m. Reconvened - 9:43 p.m. llc. Adoption of Resolution of Intent to Reimburse Expenditures from the Proceeds of REFA Financinq 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 expenditures from the proceeds of obligations to be issued 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. lld. Adoption of Resolution Approvinq 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. Rejection of Bids for Asphalt Concrete Surfacinq on City Streets, Spec. No. 93-13 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. Reg. Mtg. September 15, 1993 Page 6 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. 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 sponsored by the Sun House/Grace Hudson Museum. Councilmember Wattenburqer exhibit times 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 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 SESSION None. ADJOURNMENT There being no at 10:19 p.m. CCMIN.143 further business,~he ~meeting was adjourned Cathy McK~y CMC/~, City Clerk Reg. Mtg. September 15, 1993 Page 7