HomeMy WebLinkAboutMin 05-05-93MINUTES OF THE CITY COUNCIL OF THE
CITY OF UKIAH - May 5, 1993
The City Council convened in a regular meeting, of which the
agenda was legally noticed and posted, at 6:32 p.m., in the
Council Chamber of the Civic Center, 300 Seminary Avenue.
Roll was taken and the following Councilmembers were
present: Mastin, Malone, Wattenburger, Shoemaker and Mayor
Schneiter. Staff present: City Clerk McKay, City Manager
Rough, City Attorney Rapport, Electric Director Barnes,
Community Development Director Harris, City Engineer Beard,
Public Safety Director Keplinger, Golf/Parks Superintendent
Reid, Finance Director Burt, Public Works Director Goforth,
Redevelopment/Economic Coordinator DeKnoblough, and
Assistant City Manager/Community Service/Personnel Director
Horsley.
INVOCATION/PLEDGE OF ALLEGIANCE
The Invocation was delivered by Mayor Schneiter and
Councilmember Wattenburger led the Pledge of Allegiance.
SPECIAL ORDER OF BUSINESS
4a. Commendation to Eunice Knudson
Mayor Schneiter read and presented the surprise commendation
to Eunice Knutson, which acknowledged her contributions to
the community on the eve of her retirement in July, and her
upcoming move to the State of Washington.
5a. Approval/Correction of Minutes of April 21, 1993
Regular Meeting
Councilmember Shoemaker noted the correct spelling of the
name "Paul Cayler" on Page 3.
M/S Malone/Wattenburger to approve the minutes of the
regular meeting of April 21, 1993, as amended. The motion
was carried by the following roll call vote: AYES:
Councilmembers Mastin, Malone, Wattenburger,
Shoemaker, and Mayor Schneiter. NOES: None.
6. Right to Appeal Decision
Mayor Schneiter reviewed Section 1094.6 of the California
Code of Civil Procedures regarding the appeal process.
CONSENT CALENDAR
M/S Wattenburger/Mastin to approve the Consent Calendar
as follows:
7a. Approved the Payroll Warrants dated April 11 to 24,
1993, #47958 to #48128, in the amount of $155,634.04; and
the General Warrants dated May 5, 1993, #60193 to #60354, in
the amount of $560,821.14.
7b. Denied the two claims received from Berniece Noyd and
Matt Bartolomei, and referred them to the City's insurance
carrier, R.E.M.I.F.
7c. Awarded the bid for a 1993 Aerial Unit Truck with Cab
and Chassis to Altec Industries, Inc., in the amount of
$106,112.08.
7d. Approved purchase of Interactive Videodisc System from
VMI, Inc. in Sunnyvale, for $5,249.89 with $4,973 to be
reimbursed from POST.
The motion was carried by the following roll call vote:
AYES: Councilmembers Mastin, Malone, Wattenburger,
Shoemaker, and Mayor Schneiter. NOES: None.
427
428
8. Audience Comments on Non-Aqenda Items
Chuck Williams, 3 Betty Street, stated he is a member of the
Native Plant society, and expressed concern for the plowing
of the ground that contains the endangered Meadowfoam plant
in the Redwood Industrial Park. He requested the City write
a letter to respond to this violation.
The City Manager responded that the City had already been in
contact with Fish and Game, that they had completed an
inspection two weeks ago, and that they would be notifying
the owner of the property.
NEW BUSINESS
9a. Introduction of Ordinance Allowinq Metal Detector Use
in City Parks
The Community Service Director reported current Ukiah Code
Section 1989 prohibits the use of metal detectors in City
parks as the method for retrieving metal objects was to dig
with shovels. She noted the technology has changed and
probes are now used with no damage occurring to the turf.
She explained the City has received a request from the Lake
and Sonoma County Metal Detecting Club to allow them to
use metal detectors. She noted that it is the Club's policy
to dispose of any hazardous items they find in addition to
providing a service to people who request assistance in
finding small lost objects.
Councilmember Mastin requested some clarification of wording
to the 4th line in Section 1989 of the proposed Ordinance.
The City Attorney offered some clarified wording to the
sentence.
M/S Wattenburger/Mastin to read the title only of the
amended Ordinance for the first reading. The motion was
carried by a unanimous voice vote of all AYE.
The City Clerk read the title only.
M/S Wattenburger/Mastin to introduce the Ordinance
amending Section 1989 in Chapter 12 of Division 1 of the
Ukiah City Code to Permit Use of Metal Detectors in City
Parks. The motion was carried by the following roll call
vote: AYES: Councilmembers Mastin, Malone,
Wattenburger, Shoemaker and Mayor Schneiter. NOES: None.
9b. Introduction of Ordinance Prohibitinq Camping Within
City Limits
The Public Safety Director reported there currently is no
existing Ordinance that prohibits unauthorized camping
within the City limits. He explained the Police Department
has no enforcement tool when they encounter transients
sleeping in doorways of businesses or under bushes in the
central downtown core area. He reported these are mainly
single male vagrants who are intoxicated. He indicated the
Police department does not nor would it intentionally harass
truly homeless people as the department has a policy to
direct these people to community organizations which provide
services to the homeless.
Discussion ensued regarding business owners requesting
assistance with this problem, recreational vehicle parking
in parking lots would not apply, and who pays for the cost
of jail time.
The Public Safety Director explained the procedures the
Police Department would use.
Susan Crane, Ukiah resident who is a teacher, noted that
some of her students are homeless and feels this Ordinance
Reg. Mtg.
May 5, 1993
Page 2
429
is not a good idea, as we should be trying to solve the
homeless problem, not create more problems for the homeless.
Anne Molgaard, Redwood Legal Assistance, expressed her
opinion that bad laws create bad publicity. She explained
her perspectives on current law that protects basic life
essential activities. She requested Council not adopt this
Ordinance tonight so that homeless representatives may be
consulted to create legal solutions and free places to stay.
Chuck Williams, 3 Betty Street, stated this is being
perceived as an anti-homeless law and indicated it favors
landowners, which may not be an equal balance.
Councilmember Wattenburger stated he feels the Police need
an enforcement tool, and apologized to the public who may
think this is discrimination against the homeless. He
volunteered for a committee to develope something better
while still providing an enforcement tool for the Police
department. He explained he has no problem postponing this
matter for the time being.
Discussion ensued regarding the posting of private parking
lots allowing Police enforcement, business owners allowing
transients to sleep in their doorways, possible posting of
signs for businesses, warming fires and Police procedures.
The Public Safety Director reported it is the Police
Department's policy to not conduct sweeps of areas where
there may be homeless people and they never make arrests of
illegal warming fires. He explained this proposed Ordinance
is only to protect the public from transients in our City.
Mayor Schneiter commented he supports giving the Police the
opportunity to protect our businesses, residents and
citizens.
Councilmember Malone stated he would like to see some
leniency in the proposed Ordinance with some additional
wording to encourage the Police to direct people to
appropriate facilities and addressing the RV parking issue.
M/S Shoemaker/Mastin to table this proposed Ordinance for
a couple of weeks until Councilmembers Wattenburger and
Malone can meet with interested groups that want to meet
with them and see if we can bring this back with maybe the
some wording or a policy implemented to alleviate peoples
conscience about passing an Ordinance such as this. The
motion was carried by a unanimous vote of all AYE.
The City Manager encouraged the citizens who spoke tonight
to volunteer for the Police Department ride-along program to
see firsthand what the Police deal are actually dealing with
when it comes to vagrancy in our community.
9c. Introduction of Ordinance Prohibiting Parking of
Commercial Vehicles in Residential Areas Which Have a Gross
Vehicle Weight of 11,000 lbs. or More
The Public Safety Director reported the Police Department
has received numerous complaints regarding diesel powered
tractor trailers parked overnight and on weekends in
residential neighborhoods, but are unable to respond because
the City lacks an enforcement ordinance. He explained the
different criteria pertaining to weight limits which would
still allow delivery trucks to operate. He reported a
property owner with one acre or more would still be able to
park large trucks if they were not visible from the street
and not operated between 10 p.m. and 7 a.m.
Discussion ensued regarding business owner operations,
del ivery vehicles al lowed, number and locations of
complaints, restriction of vision, noise and increased
deterioration of the streets condition.
Reg. Mtg.
May 5, 1993
Page 3
430
Several Councilmembers noted they had received a phone
call from a citizen who has had ongoing problems with a
nearby logging truck parked in her neighborhood.
M/S Mastin/Wattenburger to read the title only for the
first reading of the proposed Ordinance. The motion was
carried by the following roll call vote: AYES:
Councilmembers Mastin, Malone, Wattenburger,
Shoemaker and Mayor Schneiter. NOES: None.
The City Clerk read the title only.
M/S Mastin/Wattenburger to introduce the Ordinance
amending Section 1754 of Article 10 of Chapter 1 of Division
$ of the Ukiah city Code to prohibit the parking of
certain vehicles in residential districts within 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.
9d. Introduction of Ordinance Prohibitinq Excretory
Functions in Public
The Director of Public Safety reported the Police Department
has encountered situations where it has been unable to cite
people for urinating or defecating in public, due to no
enforcement Ordinance in the Ukiah City Code. He explained
that there are areas in the City where there exists a public
health menace due to the congregation of transients and
groups in parking lots. He noted there are plenty of 24 hour
facilities that allow use of their bathrooms for people who
need them. He noted this proposed Ordinance only applies to
people over the age of 12.
Councilmember Mastin commented that there are no
bathroom facilities available after 5 p.m. in the downtown
area, as all the businesses are closed.
Discussion ensued regarding the location of the problem
areas, possible wording to mandate cleanup and/or community
service, and penalties.
Susan Crane stated we need more public bathrooms in this
town. She indicated that if government would spend less on
the military and more on public bathrooms, this problem
would not exist for anyone.
Mayor Schneiter clarified that City of Ukiah funds do
not go to the federal government.
M/S Wattenburger/Mastin to read the title only for the
first reading of the proposed Ordinance. The motion was
carried by an unanimous vote of all AYE.
The City Clerk read the title only.
M/S Wattenburger/Mastin to introduce the Ordinance
Amending the Ukiah City Code by Adding a Chapter 8,
Entitled "Urinating or Defecating in Public" to Division 5
Thereof. The motion was carried by the following roll call
vote: AYES: Councilmembers Mastin, Malone, Wattenburger,
Shoemaker, and Mayor Schneiter. NOES: None. Betty Ball,
Betty Ball, Mendocino Environmental Center, distributed
information to Council regarding the concern for the
destruction of the endangered Meadowfoam plant located in
the Redwood Industrial Park.
CITY COUNCIL REPORTS
Councilmember Mastin
Reported on the Mendocino Transit Authority meeting in
Willits he attended on April 22, the County Science Fair
on April 24 in which he was a judge, and noted the up coming
Reg. Mtg.
May 5, 1993
Page 4
431
May 16 Walkathon fundraiser at Todd Grove Park for
Breast Cancer.
Councilmember Malone
Reminded Council and staff of the May 9 Mothers Day Ice
Cream Social at Todd Grove Park.
Councilmember Wattenburger
Reported on the Mendocino Council of Governments meeting
he attended yesterday.
Councilmember Shoemaker
Reported on the Mendocino Solid Waste Authority JPA
meeting he attended, and on his observations last Saturday
night as he rode along with Ukiah Police.
Mayor Schneiter
Reported on the Coordinating Committee meeting he attended
for NCPA on April 23, the Redevelopment Finance Review
meeting he attended on April 28, and noted an upcoming
meeting in Lake County he will attend regarding the
re-injection of water back into steam wells for continued
geothermal power generation, and complimented City staff for
the outstanding job with the Community Clubhouse remodel and
dedication ceremony.
CITY MANAGER/DEPARTMENT HEAD REPORTS
Reported the final landfill reports we were expecting from
EBA Wastechnologies, will not arrive in time for the
previously scheduled May 13 Council Solid Waste Workshop,
and reported that the City Council Solid Waste Workshop be
deferred to June 3, 1993.
It was the consensus of Council to reset the May 13, 93
Solid Waste Workshop to June 3, 1993 at 5:00 p.m. in the
Council Chambers.
ADJOURNMENT
There being no further
at 8:08 p.m.
CCMIN.130
business,/~e meeting/was
C~ - M~Kay eMC/AAE
adjourned
Reg. Mtg.
May 5, 1993
Page 5