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Home My WebLink Aboutmin 06-21-78 ' MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH JUNE 21, 1978 - PAGE 1 The City Council met in special session in the Council Chambers at 6: 35 p.m. with Councilmembers Hickey, Myers, Simpson, Snyder and 'Mayor Brannon present. DISCUSSION OF SEWER PLANT STUDY Purpose of Special Meeting: . 1) Discuss sewer plant study by Kennedy Engineers 2) Determine if the old sewage treatment plant property could be used by the Little League. The old sewage plant property had been listed in the Kennedy report as one of several sites that could be used in implementing the recommendations contained therein. Mayor Brannon pointed out discrepancies in the report which were supported by other councilmembers. Council discussion centered around location of percolation ponds and discharge of water to the Russian River. Ted Feibusch, who was a member of the water filtration committee at the time he was a member of the Council, was asked to speak on subject matter: Mr. Feibusch emphasized the importance of reintroducing water for use locally rather than discharging into the Russian River. He urged Council to djlay decision on the Lithe League proposal until it can be determined whether or not the old sewage treatment plant property could be used as a ` percolation pond to reintroduce the water locally. The City Manager spoke to the violations imposed on the City by the State Water Quality Control Board and indicated it appears - the Board could have overstated the seriousness of the City' s problems. Ted Goforth, Deupty Director of Public Works, reported - there were no violations of any requirements during 1977. In March 1978 there were only minor violations. The validity of r the cease and desist order could be appealed. On a motion by Mayor Brannon, seconded by Councilwoman Snyder it was unanimously carried to appoint Ted Feibusch to serve on the water plant study committee with Mayor Brannon and staff. PROPOSED USE OF OLD SEWAGE TREATMENT PLANT PROPERTY FOR LITTLE LEAGUE Council discussed other possibilities which may be available to the Little League for location of a ballfield site, i.e. the area adjacent to the Ranney Collector and the Oak Manor School area. Mark Raymond, representing the Little League, spoke on subject matter, and pointed out that the sites suggested by Council had been considered but ruled out for various reasons. E Councilman Simpson will work with Mr. Raymond concerning the possibility of using the Oak Manor School property for the Little f League. t[r l ADJOURNMENT Mayor Brannon adjourned the Special Meeting at 7: 30 p.m. and Council immediately reconvened in regular session. a, F: z, The City Council met in regular session in the Council Chambers at 7: 31 p.m. with Councilmembers Hickey, Myers, Simpson, Snyder, e and Mayor Brannon present. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Brannon led in the Lord' s Prayer and Councilman Simpson led in the Pledge of Allegiance. E o w;, MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH JUNE 21, 1978 - PAGE 2 PAYROLL WARRANTS On a motion by Councilman Simpson, seconded by Councilman Hickey it was carried by the following roll call vote to approve Payroll Warrants #1551 to #1706 inclusive for the period of April 29, to May 13, 1978, inclusive in the total amount of $83,523.11. AYES: Councilmembers Hickey, Myers, Simpson, Snyder, Mayor Brannon NOES: None ABSENT: None ° GENERAL WARRANTS On a motion by Councilman Hickey, seconded by Councilwoman Snyder it was carried by the following roll call vote to approve General Warrants #8505 to #8581 inclusive in the total amount of $384,171.98. AYES: Councilmembers Hickey, Myers, Simpson, Snyder, Mayor Brannon NOES: None ABSENT: None APPROVAL OF MINUTES 0 On a motion by Councilwoman Snyder, seconded by Councilman Hickey it was carried by the following roil calms vote to approve the Minutes of June 7 , 1978, as submitted by the Clerk. AYES: Councilmembers Hickey, Myers, Simpson, Snyder, Mayor Brannon NOES: None ABSENT: None CONSENT CALENDAR Mayor Brannon requested that Agenda Item #5 be pulled from the Consent Calendar and Councilwoman Snyder requested that Agenda Item. #4 be pulled from the Consent Calendar. On . a motion by Councilwoman Snyder, seconded by Councilman Hickey it was carried by the following roll call vote to approve Consent Calendar Item Nos. 1, 2, 3 as follows: 1) Set July 5th as public hearing date to consider zoning ordinance amendment 2) Set July 19th as public hearing date to consider EIR for the sewer plant study. 3) Resolution No. 78-113, "Resolution Of The City Council Of The City of Ukiah Adopting Risk Management Policy" . AYES: Councilmembers Hickey, Myers, Simpson, Snyder, Mayor Brannon NOES: None ABSENT: None REMOVAL OF UNITS ON MAIN STREET MADONNA ORCHARDS Councilwoman Snyder' s question was whether or not Madonna ' Orchards would remove all debris and foundations. It was pointed out that the other bid received was based on the City paying the bidder, Nie-Con Structures $5489. 00 instead Of the bidder paying the City for the structures. On a motion by Councilwoman Snyder, seconded- by Councilman Myers it was carried by the following roll call vote to accept the bid from Madonna Orchards to pay the City $400 for removal of two duplex structures located at 137 East Mill Street. AYES: Councilmembers Hickey, Myers, Simpson, Snyder, Mayor Brannon NOES: None ABSENT: None O 1 435 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH JUNE 21, 1978 - PAGE 3 RESOLUTION NO. 78-114 AMENDING PAY & CLASSIFICATION PLAN (POLICE RECRUIT) Mayor Brannon was of the opinion that the employee should pay for his own education cost. It was pointed out that a per- centage of the employee' s salary is reimbursed by P.O.S.T. On a motion by Councilwoman Snyder, seconded by Councilman Simpson it was carried by the following roll call vote to adopt Resolution No. 78-114, "Resolution Of The City Council Of The City Of Ukiah Amending The Pay & Classification Plan" . AYES: Councilmembers Myers, Simpson, Snyder, Mayor Brannon NOES: Councilman Hickey ABSENT: None REQUEST TO RE-AGENDA VARIANCE APPLICATION NO. 78-109 (C.HOLMES) Councilwoman Snyder stated there appears to be a misunderstanding on the part of the Council and applicant in granting subject variance and made' a motion that the application be re-agendaed. The motion died for lack of a second. COUNCIL ADJOURNED AT THIS POINT IN THE MEETING AND RECONVENED AT THE SATURDAY AFTERNOON CLUB FOR THE FOLLOWING ORDER OF BUSINESS f REGULATION OF ADULT BOOK STORES City Manager stated subject matter had been placed on the Agenda at the request of Councilwoman Snyder. - Council had been provided with a memorandum dated June 16, 1978, from the City Attorney which dealt with subject matter. Petitions, alleged to have contained 2500 signatures, were presented to each member of the Council, a copy of which was placed on file with the Clerk. The wording of the -Petition is set forth below as well as the E. signatures of those who spoke on subject matter: We as concerned parents and taxpayers of Ukiah and neighboring areas are strongly concerned with the adverse effects on our quality of life and on the quality of our children's lives that are presented by the presence of an adult bookstore in our community. We petition our elected representatives to create an ordinance to ( 1 ) Prohibit future adult bookstores. (2) We also want the Council to take action that will result in the elimination of the existing adult bookstore. j r S zd N:b r 51 r V v r _ • t. F 1 , 436 i MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH JUNE 21, 1978 --PAGE 4 2 --O�Y A4_ X��,/I Z-11 -T_ �7 w • r Qu011 1- - +'°'�ii" ' c�'s...-�.r—.-r•. _ .. _-`_�.�' r`_ '�'' 14 - Zrc J '_DZ' f Council was provided with the following additional information: 1) Material from Citizens Against Pornography 2) Letter of appeal for action to eliminate the Adult Book Store on Waugh Lane and request for an ordinance to keep other adult . book stores out of Ukiah from Ross E. Case, dated June 15, ,1978. 3) Letter of support for efforts to ban adult book stores in Ukiah read and presented by Rick Billings from the Church Of The New Covenant Of Ukiah. E 4) Petition signed by students and parents of students of the Mendocino Dance Academy objecting to the location of the book store within such close proximity to the academy. MAYOR BRANNON CALLED FOR A RECESS AT THIS TIME - 9: 12 P.M. E The City Attorney stated that under the current zoning ordinance, the location of the Adult Bookstore is proper. With the use of I an overlay map, the City Attorney showed Council three options for location of adult book stores. Fie also pointed out that concerns expressed affect the whole Valley, not just the City of Ukiah and suggested that the concerns of the group be presented to the Board of Supervisors also. The City Attorney offered another alternative to those against pornography - to join those in the State in sbeking signatures to initiative petitions asking the State to get out of the field that controls poronography and return it to the local government for control. K X37 f MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH JUNE 21, 1978 - PAGE 5 Councilwoman Snyder made a motion, seconded by Mayor Brannon to enforce Section 311 of the Penal Code, support the Moral Public Nuisance Law Initiative, and instruct the City Attorney to prepare a proposal for Council dealing with zoning of future adult book stores. The motion failed by the following roll call vote: AYES: Councilwoman Snyder and Councilman Simpson NOES: Councilmembers Myers, Hickey and Mayor Brannon ABSENT: None Councilwoman Snyder reframed her motion by deleting "to enforce Section 311 of the Penal Code" from the above motion. This motion carried by the following roll call vote: AYES: Councilmembers Myers, Snyder, Simpson, Hickey, Mayor Brannon NOES: None ABSENT: None On a motion by Councilman Simpson, seconded by Councilman Myers it was carried by the following roll call vote to instruct the City Attorney to prepare a proposed ordinance to prevent massage parlors in the City of Ukiah. AYES: Councilmembers Myers, Snyder, Simpson, Hickey, Mayor Brannon NOES: None ABSENT: None MAYOR BRANNON DECLARED A RECESS AT THIS TIME - 10:15 P.M. PUBLIC HEARING - - APPROVAL OF EXTENSION OF USE PERMIT NO. 76-15B HILLSIDE HOSPITAL City Manager reviewed Planning Commission action of May 24, 1978, wherein it was recommended that a six month extension of subject use permit be granted with the condition that construction must commence within the six month period. Public hearing was declared open at 10:30 p.m. . Duane Garrett, representing applicant spoke in favor of the extension. Bob Ernst spoke in opposition. In his opinion Hillside Hospital `r should work with the Board of Supervisors in an attempt to merge the Hillside with the County Hospital. Mayor Brannon declared the public hearing closed at 10: 37 p.m. Councilman Hickey made a motion, seconded by Councilman Simpson fto approve the extension of Use Permit No. 76-15B, Hillside Hospital as recommended by the Planning Commission. The objections expressed related to the location proposed for the hospital. The following roll call vote resulted in approval of subject use permit extension: AYES: Councilmembers Simpson, Hickey; Mayor Brannon NOES: Councilmembers Myers, Snyder I ABSENT: None ' PUBLIC HEARING - - ELECTRIC RATE ADJUSTMENT RESOLUTION NO. 78-116 Council had been provided with a memo dated May 31, 1978, from the City Manager concerning the proposed electric rate adjustment. f Public hearing was opened at 10: 50 p.m. No one spoke in favor of subject adjustment. 011ie Kolkmann, 211 Washo Drive spoke in opposition to the proposed adjustment. 'The public hearing was declared closed at 10: 54 p.m. Councilman Hickey made a motion, seconded by Councilman Simpson to adopt Resolution No. 78-116, "Resolution Of The City Council Of The City Of Ukiah Adopting Electric Rate Schedules" . Under the question, Councilwoman Snyder expressed concern about the revenues trailing the expenditures by approximately $19,000 per month. City Manager explained this is the first full winter with the lifeline rate and this has been a mild winter. MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH JUNE 21, 1978 - PAGE 6 Mayor Brannon suggested Council adopt a floating rate. In his opinion this would be more equitable for all. The following roll call vote resulted in adoption of Resolution No. 78-116: AYES: Councilmembers Myers, Snyder, Simpson, Hickey, Mayor Brannon. NOES: None ABSENT: None MAYOR BRANNON DECLARED A -RECESS AT THIS TIME - 11:25 p.m. PUBLIC HEARING -- ZONING ORDINANCE AMENDMENT INTRODUCTION OF ORDINANCE NO. 714 PLANNED DEVELOPMENT ZONE At the May 10, 1978 Planning Commission meeting, the inclusion of a Planned Development district was reviewed and is recommended for adoption by the Council. Public hearing was opened at 11:37 p.m. No one spoke in favor or in opposition to the proposed amendment.. Public hearing was closed at 11:38 p.m. On a motion by Councilman Simpson, seconded by Councilman Hickey it was unanimously carried to introduce Ordinance No. 714 by title only. On a motion by Councilman Simpson, seconded by Councilman Hickey it was carried by the following roll call vote to introduce 4 Ordinance No. 714, "Ordinance Of The City Council Of' The City Of Ukiah Adding Article 12C to Chapter 2 Of Division 9, (PD, Planned Development Zone) " . AYES: Councilmembers Hickey, Myers, Simpson, Snyder, Mayor Brannon NOES: None ABSENT: None PUBLIC HEARING - WEED ABATEMENT RESOLUTION NO. 78-117 Mayor Brannon declared the public hearing open at 11:39 p.m. There was no one present to speak in favor or in opposition. Mayor Brannon declared the public hearing closed at 11: 40 p.m. On a motion by Councilman Simpson, seconded by Councilwoman Snyder, it was carried by the following roll call vote to adopt Resolution No. 78-117 , "A Resolution Of The City Council Of The City Of Ukiah Directing The Abatement Of Weeds, Rubbish, Refuse And Dirt On Certain Parcels Of Land In The City Of Ukiah" . AYES: Councilmembers Hickey, Myers, Simpson, Snyder, Mayor Brannon NOES: None ABSENT: None MR. STEAK ARCHITECTURAL REVIEW APPEAL DENIED Applicant requests to change a roof sign from the south to the north elevation of Building D in Orchard Plaza Shopping Center. On a motion by Councilman Hickey, seconded by Councilman Myers it was carried by the following roll call vote to deny Archi- tectural Review No. 77-51B as recommended by the Planning Commission. AYES: Councilmembers Hickey, Myers, Simpson, .Snyder, Mayor Brannon NOES: None ABSENT: None RESOLUTION NO. 78-118 GRANTING VARIANCE TO HUNT CONSTRUCTION Variance Application No. 78-88 filed by Hunt Construction, I Sidnie and Clara Streets requests elimination of the covered off street parking requirements for the 64 unit moderate income project. Planning Commission minutes dated June 14 , 1978, recommended approval of the variance. t MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH•- JUNE 21, 1978 - PAGE 7 i Herb Krumpe, Architect for the project, spoke in favor .of the application and answered questions posed by Council. On a motion by Councilman Simpson, seconded by Councilman Hickey it was carried by the following roll call vote to adopt Resolution No. 78-118, "Resolution Granting Variance 0. To Hunt Construction" . AYES: Councilmembers Hickey, Myers, Simpson, Snyder, Mayor Brannon NOES: None . i ABSENT: None REQUEST TO ABANDON SIDNIE STREET DENIED Orchard Manor, a limited partnership, requests abandonment of Sidnie Street. Staff concurs with the request. Council determined a portion of the property in the area would be land locked if the abandonment is approved. i On a motion by Councilwoman Snyder, seconded by Councilman Hickey it was unanimously carried that Sidnie Street not be abandoned. REQUEST FROM COUNTY YOUTH PROJECT , Council determined the request for participation of services from Mendocino County Youth Project be referred to Budget Session. ADOPTION OF ORDINANCE NO. 712 PARKING METER ZONES On a motion by Councilman Simpson, seconded by Councilman Myers it was unanimously carried to adopt Ordinance No. 712 by title only. l On a motion by Councilman Simpson, seconded by Councilman Hickey it was carried by the following roll call vote to adopt Ordinance No. 712, "Ordinance Of The City Council Of The City Of Ukiah Amending Sections Of Chapter 2, Division 8 Of The Ukiah Municipal Code (Parking Meter Zones) " . AYES: Councilmembers Hickey, Myers, Simpson, Snyder, Mayor Brannon NOES: None ABSENT: None i f rt i ADOPTION OF ORDINANCE NO. 713 f LICENSING OF CARNIVALS F Y E On a motion by Councilwoman Snyder, seconded by Councilman Myers s it was unanimously carried to adopt Ordinance No. 713 by title only. On a motion by Councilwoman Snyder, seconded by Councilman Myers it was carried by the following roll call vote to adopt Ordinance No. 713 , "Ordinance Of The City Council Of The City Of Ukiah Providing For Licensing Of Carnivals" . i AYES: Councilmembers Hickey, Myers, Simpson, Snyder, Mayor Brannon NOES: None ABSENT: None t CITY ATTORNEY REPORTS RE SIGN ORDINANCE City Attorney reminded Council that the summer of 1981 is the time set forth in subject ordinance for businesses to conform. •It was pointed out there is currently 90% non-conformance. 44.0 , j MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH JUNE 21, 1978 - PAGE 8 USE OF CITY PROPERTY ON MAIN STREET (RURAL COMMUNITIES HOUSING DEVELOPMENT CORP) COUNCILMAN SIMPSON EXCUSED HIMSELF BECAUSE OF CONFLICT OF INTEREST Subject property is located along the proposed Main Street right of way behind the Safeway Store. City Manager stated this property is surplus to any City purpose and recommended that because of the shortage of low income housing in Ukiah, this parcel be deeded. to Rural Communities Housing Development . Corporation for the purpose of constructing a multiple unit low income housing structure. Council determined that if this property is surplus it should be put out to bid. The recommendation was thereby rejected by Council. COUNCILMAN SIMPSON RETURNED AT THIS POINT - 12: 00 O'CLOCK MIDNIGHT RESOLUTION NO. 78-119 APPOINTING MEMBER TO RECREATION & PARKS COMMISSION JOANN SCHNEITER On a motion by Councilman Hickey, seconded by Councilwoman Snyder it was carried by the following roll call vote to adopt Resolution No. 78-119, "Resolution Of The City Council Of The City Of Ukiah Appointing Member To Recreation And Parks Commission" . AYES: Councilmembers Hickey, Myers, Simpson, Snyder, Mayor Brannon NOES: None ABSENT: None RESOLUTION NO. 78-120 REAPPOINTING COMMISSION MEMBERS-AIRPORT, PLANNING & PARKING ADVISORY COMMISSIONS On a motion by Councilman Myers, seconded by Councilman Simpson it was carried . by the following roll call vote to adopt Resolution No. 78-120, "Resolution Of The City Council Of The City Of Ukiah Reappointing Commission Members To The Airport, Planning g Advisory. Commissions" . and Parkin Advisor . Commissions" . AYES:Councilmembers Hickey, Myers, Simpson,. Snyder, Mayor Brannon a NOES: None- ABSENT: None ADJOURNMENT Mayor Brannon adjourned the meeting at 12 : 07 a.m. to Saturday, June 24th, 8: 00 a.m. Mayor ATTEST: City Clerk r 0.` I 4yy Y A