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Home My WebLink Aboutmin 09-21-77 331 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH SEPTEMBER 21, 1977 - PAGE 1 The City Council met in regular session at 7 : 31 p.m. with Councilmen Brannon, Feibusch, Councilwoman Snyder, and Mayor Simpson present. Councilman Wood was absent. INVOCATION & PLEDGE OF ALLEGIANCE Councilman Brannon gave the - invocation and Councilman Feibusch led in the Pledge of Allegiance. PAYROLL WARRANTS On a motion by Councilman Feibusch, seconded by Councilman Brannon it was carried by the following roll call vote to approve Payroll, Warrants #11265 to #11426 inclusive in the total amount of $82 , 613 . 90 for the period of 8-21-77 to 9-3-77 inclusive. AYES : Councilmen Brannon, Feibusch, Councilwoman Snyder, Mayor Simpson. NOES : None ABSENT: Councilman Wood GENERAL WARRANTS Action deferred until the General Warrant register was clarified. COUNCILMAN WOOD ARRIVED AT THIS TIME - 7 . 35 4 APPROVAL OF MINUTES ! On a motion by Councilwoman Snyder, seconded by Councilman Brannon it was carried by the following roll call vote to approve the minutes of the regular meetings of August 17 ,1977 , and September 7, 1977 , as corrected. AYES: Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder, Mayor Simpson NOES: None ABSENT: None On a motion by Councilman Brannon, seconded by Councilman Feibusch it wa.s carried by the following roll call vote to approve the minutes of the adjourned meeting and special meeting of August 18 , 1977 , as submitted by the Clerk. AYES: Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder, ; Mayor Simpson NOES: None ABSENT: None. CONSENT CALENDAR On a motion by Councilwoman Snyder, seconded by Councilman Feibusch it was carried by the following roll call vote to approve Consent Calendar Agenda Items No. 1 and 1-A as set forth below: 1) Award of bid for douglas fir poles to McCormick and Baxter, Sari Francisco, in the total amount of $4679.80. 2) Set October 5, 1977 , as public hearing date for Zone Change Application No. 78-2 initiated by the Planning Commission. ' CHANGE IN ORDER OF AGENDA Councilwoman Snyder requested, and pbrmission granted to consider Agenda Item No. 3 „ "Ukiah Unified School District Requesting Crossing Guards" before considering Agenda Item No. 2, "Report ' Regarding Tee Off Time, Inc. (Golf Bonus Book) " . 332 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH .SEPTEMBER 21, 1977 - PAGE 2 CONTINUATION OF PUBLIC HEARING ZONE CHANGE APPLICATION NO. 77-71 HUNT CONSTRUCTION, SIDNIE & CLARA Subject matter was continued from the September 7th meeting for further consideration of the EIR. A memorandum dated 9-16-77 from the Planning Director Michael Barris furnished Council with additional material on subject matter. He also addressed other concerns which included information showing there is a local demand for housing for low and moderate income families. He also spoke to the traffic and circulation impact in the immediate area, and presented background information regarding the management company proposed for the project. The Planning Director stated that the extension of Orchard Avenue would be consistent with the General Plan, the EIR is adequate and recommended its approval. Mayor Simpson declared the public hearing open at 7 : 55 p.m. to further consider the adequacy of the EIR. Herbert T. Krumpe, Hunt Construction Project Manager spoke in favor of the EIR for subject project. No one spoke in opposition to the document. Public hearing on the EIR was declared closed at 8: 10 p.m. Councilman Brannon made a motion to declare the EIR on subject project as complete. Councilman Wood seconded the motion. Councilman Wood pointed out, for the record, that he had represe �d Maudlin Realty in the past. The instance was not sufficiently significant to excuse himself from this discussion. Council asked questions of Mr. Krumpe, Jim. Hatter of the Farmers Home. Administration, and Charles McKinley, Legal Services Foundation. Councilwoman Snyder requested that the record reflect Mr. Krumpe' s statement that he had no objection to making selection of te.nants for the project from the present Housing Authority list. The. following roll call vote. accepted the EIR for Zone Change Application No. 77-71 as complete: AXES: Councilmen Brannon, Wood, Councilwoman Snyder, Mayor Simpson NOES: Councilman Feibusch ABSENT: None Mayor Simpson declared the. public hearing for subject zone change. application opened at 8: 28 p.m. Charles McKinley, 650 Walnut, Legal Services Foundation spoke in favor of the proposed zone change. He presented to the Clerk a petition containing names of persons -in the immediate area who support construction of the complex proposed with this zone change. Mr. Krumpe., Hunt Construction, and Richard Rea, 245 Pomo Drive also spoke in favor of subject application, There was no opposition expressed t,o the proposal . MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH SEPTEMBER 21, 1977 - PAGE 3 Public hearing was declared closed at 8: 40 p.m. Council action is set forth in the introduction of the ordinance set forth below. INTRODUCTION OF ORDINANCE NO. 700 REZONING PROPERTY FROM R-1 TO R-3 (ZONE CHANGE APPLICATION NO. 77-71) On a motion by Councilman Wood, seconded by Councilman Feibusch it was unanimously carried to introduce Ordinance No. 700 by title only. On a motion by Councilman Wood, seconded by Councilman Feibusch it was carried by the following roll call vote to introduce Ordinance No. 700, "Ordinance Of The City Council Of The City Of Ukiah Amending Chapter 2 , Division 9 Of The Ukiah City Code By Rezoning Property From Existing R-1 Zone, To R-3 (Zone Change Application No. 77-71) " AYES: Councilman Brannon, Councilwoman Snyder, Mayor Simpson NOES: Councilmen Wood and Feibusch ABSENT: None REQUEST FOR SCHOOL DISTRICT CROSSING GUARDS GRANTED Bill Murphy, School District Superintendent and Mr. Morgansen, Frank Zeek School Principal were present in the audience to tt speak concerning subject request. George Bartlett, Senior/CenEeren was also present and offered help from the senior citizens. On a motion by Councilman Wood, seconded by Councilwoman Snyder it was carried by the following roll call vote to request the Volunteer Bureau to attempt to recruit Senior Citizens as volunteer crossing guards for Yokayo and Frank Zeek Schools and the Police Department be authorized to provide the necessary training. AYES: Councilmen Wood, Feibusch, Councilwoman- Snyder, Mayor Simpson NOES: Councilman Brannon ABSENT: None APPROVAL OF SUBSCRIBING TO TEE OFF TIME, INC. (GOLF BONUS BOOK) Golf Pro Bob Vocker was present and explained subject proposal. On a motion by Councilwoman Snyder, seconded by Councilman Wood it was carried by the following roll call vote to approve the promotional proposal to subscribe to Tee Off Time, Inc. as recommended by the Recreation and Parks Commission. AYES: Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder, Mayor Simpson NOES: None ABSENT: None REQUEST GRANTED FOR ANNEXATION OF ROBINSON CREEK AREA TO UVFPD On a motion by Councilman Brannon, 'seconded by Councilman Feibusch it was unanimously carried to annex 10 properties along Robinson Creek to the Ukiah Valley Fire Protection District. 334, MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH SEPTEMBER 21, 1977 - PAGE 4 WRITTEN COMMUNICATION-LEGAL SERVICES FOUNDATION RE PERSONNEL POLICIES Subject communication requested the City to look at the Affirmative Action Policies in addressing the concerns of one his clients, a member of the minority group. It was -suggested that the "rule of 3" be abolished and the "rule of the list" be substituted. City Manager supported the recommendation. On a motion by Councilman Wood, seconded by Councilman Brannon it was carried by the following roll call vote to endorse the concept of Rule of the List in the recruitment process and instruct staff to meet with Union representatives in this regard. AYES: Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder Mayor Simpson NOES: None ABSENT: None MAYOR SIMPSON DECLARED A RECESS AT THIS TIME - 9 : 20 P.M. ADOPTION OF ORDINANCE NO. 699 AMENDING LOCAL BINGO ORDINANCE On a motion by Councilwoman Snyder, seconded by Councilman Wood it was unanimously carried to adopt Ordinance No. 699 by title only. On a motion by Councilwoman Snyder, seconded by Councilman Wood it was carried by the following roll call vote to adopt • Ordinance No. 699, "Ordinance Of The City Council Of The City Of Ukiah Providing For The Operation Of Bingo Games By Exempted Organizations By Amending Sections 2435 and 2436 Of The Ukiah City Code" . AYES: Councilmen Brannon, Wood, Councilwoman Snyder, Mayor Simpson NOES: Councilman Feibusch ABSENT: None INTRODUCTION OF ORDINANCE NO. 701 GARBAGE RATES SUBJECT TO PUBLIC HEARING On a motion by Councilman Wood, seconded by Councilwoman Snyder • it was unanimously carried to introduce Ordinance No. 701 by title only. On a motion by Councilman Wood, seconded by Councilman Brannon it was carried by the following roll call vote to introduce Ordinance No. 701, "Ordinance Of The City Council Of The City Of Ukiah Amending Section 3951 Of The Ukiah City Code (Public Hearing On Utility Rates) " . AYES: Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder, Mayor Simpson NOES: None ABSENT: None Marvin Bowen, Modern Disposal Service and his attorney, Bob Fowler were present in the audience and stated in their opinion the current fee charged for a truck load of garbage is-.-.discrimi- natory as it relates to his operation. Trucks, in their opinion should be charged on a per yard basis. City Manager stated there is abuse of special rates currently in effect for pickup trucks. On a motion by Councilman Feibusch, seconded by Councilman Wood it was unanimously carried to direct staff to evaluate Mr. Bowen' s proposal and report back at the next meeting. 335 MINUThS OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH SEPTEMBER 21, 1977 - PAGE 5 RESOLUTION NO. 78-34 AUTHORIZING CITY-COUNTY AGREEMENT FOR SOS FUNDS On a motion by Councilman Wood, seconded by Councilwoman Snyder it was carried by the following roll call vote to adopt Resolution No. 78-34 , "Resolution Of The City Council Of The City Of Ukiah Authorizing Mayor And Clerk To Sign City-County Agreement For Off-System Roads Funds" . AYES: Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder, Mayor Simpson NOES: None ABSENT: None INTRODUCTION OF ORDINANCE NO. 702 ESTABLISHING LEASH LAW On a motion by Councilman Wood, seconded by Councilman Brannon it was unanimously carried to introduce Ordinance No. 702 by title only. On a motion by Councilman Wood, seconded by Councilman Brannon it was carried by the following roll call vote to introduce Ordinance No. 702, "An Ordinance Of The City Council Of The City Of Ukiah Amending Sections 4300 and 4334 Of The Ukiah City Code Thereby Establishing A Leash Law For Dogs" . AYES: Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder, Mayor Simpson NOES: None ABSENT: None CITY ATTORNEY REPORTS MEMO OF INTENDED DECISION RESOLUTION NO. 78-7 AUTHORIZING SIGNATURE TO NCPA PURCHASE POWER AGREEMENT The City Attorney reported the decision from Judge Broaddus on action taken by Council on subject matter determined the matter to be a legislative decision subject for referendum vote and not an administrative matter. The City Attorney stated the Council is faced with a decision to repeal the resolution or submit the matter to the electorate, or appeal the court decision. Council took no action pending receipt of Findings of Fact. DISCUSSION OF APPLICATION FOR GRANT FUNDS UNDER URBAN OPEN SPACE AND RECREATION PROGRAM On a motion by Councilman Wood, seconded by Councilman Feibusch it was carried by the following roll call vote to direct staff to include in subject application the open space area on the north end of the airport. AYES: Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder, Mayor Simpson NOES: None ABSENT: None GENERAL WARRANTS On a motion by Councilman Feibusch, seconded by Councilwoman Snyder it was carried by the following roll call vote to approve General Warrants #6674 to #6777 in the total amount of $366, 014 . 82 . AYES: Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder, Mayor Simpson NOES: None ABSENT: None 336, MINUTES OF THE MEETING OF THE CITY COUNCIL OF TME CITY OF UKIAH SEPTEMBER 21, 1977 - PAGE 6 COUNCILMAN BRANNON Next Agenda - Request that the matter of JPA regarding the general liability and workers compensation fund be on the next agenda. COUNCILMAN FEIBUSCH Proposed Perkins Street Widening - Since there has been no Council action on subject matter, the subject is dead. Policy for poor attendance at Commission meetings - Need for a policy to be established. It was explained there is a policy set forth in the code. There is a need for enforcement. Gibson Creek Channel Project - It is the understanding this is the No. 1 priority. What is the status and when will the contract be let? Plans and specifications are complete. Engineering is being done by staff. Tree trimming - Received a call regarding trees hanging over trailer. Tree trimming is budgeted. When would the work be expected to be done. City Engineer stated the work should be done this year. Oak Manor No. 4 - In June a letter was directed to the City Attorney on subject matter. He replied with an opinion. What is the means of an appeal to the opinion. It was ex- plained that the correct procedure is to ask that the matter be placed on the agenda. • COUNCILWOMAN SNYDER Lt. Gov. Mervyn Dymally was in town sponsored by the County Chamber of Commerce to discuss the concerns of the City and County. There appeared to be no notice other than a notice in the newspaper. Council should have received invitations. Legislative Bulletin 1B - Could the whole city be included in the block grant program? It was explained that we have not qualified in the past. Appointment to Crime Prevention Committee - Mayor Simpson appointed Councilwoman Snyder to subject committee. The Mayor had previously been appointed. Councilman Wood stated in his opinion the appointment of Council members to committees had a chilling effect on the committee. NUISANCE AGAINST PEOPLE City Manager reported the Police Department had made an investigation on subject matter. There is a violation of the Penal Code and Municipal Code. Notice was given to file a complaint with the District Attorney' s office. A complaint will be issued. ADJOURNMENT Mayor' Simpson adjourned the meeting at 10: 38 p.m. ATTEST: Mayor ity Clerk