The URL can be used to link to this page

Home My WebLink Aboutmin 05-18-77 217 ?MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH MAY 18 , 1977 - PAGE 1 The City Council convened in regular session at 8 : 01 p.m. with Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder, and Mayor Simpson present. i INVOCATION AND PLEDGE OFALLEGIANCE _ a Councilman Brannon gave the invocation and Councilman Feibusch led in the Pledge of Allegiance. AGENDA AMENDED On a motion by Councilman Wood, seconded by Councilwoman Snyder it was unanimously carried to amend the agenda by adding Agenda Item #4 (a) , ApVointment to Parking Advisory Commission ,and adoption of Ordinance No. 695 . On a motion by Councilman Wood, seconded by Councilman Feibusch it was unanimously carried to amend the agenda by adding Agenda Item #4 (b) , recommendation for acquisition of Gardner property. . 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 #10270 to #10437 inclusive for the period of April 17 , 1977 to April 30, 1977 , inclusive in the total amount of $77 , 367 . 69 . AYES : Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder, Mayor Simpson NOES : None ABSENT: None GENERAL WARRANTS On a motion by Councilwoman Snyder, seconded by Councilman Feibusch, it was carried by the following roll call vote to approve General Warrants #5880 to #5993 inclusive in the total amount of $248 , 824 . 15. AYES : Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder, Mayor Simpson NOES : None ABSENT: None APPROVAL OF MINUTES On a motion by Councilman Feibusch, seconded by Councilman Brannon, it was unanimously carried to approve the minutes of the meeting of May 4 , 1977 , as submitted by the Clerk. PUBLIC HEARING - ABANDONMENT OF A PORTION OF HIGHLAND AVENUE Mayor Simpson opened the public hearing at 8 : 10 p.m. and ac- knowledged receipt of two communications in opposition to subject street closure - 1) Planning Commission memorandum dated April 14 , 1977 , 2) Citizen letter from Thomas A. Giles , 407 McPeak Street. The following persons spoke in favor of the proposed closure: George Hunter , 22 Highland Avenue Doug Pennington, 255 Fairview, owner of tennis courts in area) Mickey Elder, 495 Highland Al Bunter, 24 Highland Court Tom Broaddus , 14 Highland Drive Mike Hansen, 12 Highland Barry Wood, 51 Highland Court, as private citizen The following persons spoke in opposition to the proposed closure: Bill Bittenbcnder, owner of property west of. Highland Avenue MINU`T'ES OF THE MEETING OF THE CITY COUNCIL 01, THE CITY OF UKIAI1 MAY 18 , 1977 - PAGE 2 Kenneth Farnsworth, 705 W. Mill Ted Feibusch, 240 South Highland, as private citizen Terry Moir, 20 Highland Court Vernlyn Farnsworth, 705 West Mill Mayor Simpson closed the public hearing at 8 : 45 p.m. Councilman Wood made a motion to abandon a portion of Highland Ave:nu with retnetion of appropriate safety precautions and easements . The motion died for lack of a second. Councilwoman Snyder made a motion subject matter be again referred to the Traffic Committee to consider the possibility of permitting parking oft only one side of Highland Avenue and Highland Court. The motion died for lack of a second. Councilman Brannon made a motion, seconded by Councilman Feibusch to post a 15 mph limit and speed berms be established as a solution to the problem. Councilman Feibusch amended the motion to have the speed reduction apply to upper Standley Street as well as Highland Avenue. Councilman Brannon preferred to address one particular issue at a time. The City Manager requested Council reconsider Councilwoman Snyder ' s motion and refer the matter to the Traffic Committee to consider all the issues . Councilman Brannon withdrew his motion in favor of the City Manager ' s recommendation. Councilman Wood made a motion, seconded by Mayor Simpson to refer subject matter_ to the Traffic Committee with staff proposal to be prepared for Council consider_ as an agenda item in 45 days . The motion failed by the following roll call vote: AYES : Councilman Wood and Mayor Simpson NOES : Councilmen Brannon, Feibusch, Councilwoman Snyder. On a motion by Councilwoman Snyder, seconded by Councilman Feibusch it was carried by the following roll call vote that Highland Avenue remain open, refer the issue to the Traffic Committee and request staff to give consideration to the speed berms, and safety factors for Council study. AYES : Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder, Mayor Simpson NOES : None ABSENT: None PUBLIC HEARING ADOPTING RATES FOR ELECTRIC SERVICE Mayor Simpson opened the public hearing at 9 : 07 p.m. The following person spoke in favor of the proposed rate change: Gary Akerstrom, 195 San Jacinta Doug Crane, 1433 Elm spoke in opposition to the proposed rate change. Mayor Simpson declared the public hearing closed at 9: 13 p.m. Councilman Brannon made a motion, seconded by Councilwoman Snyde to adopt Resolution No. 77-90. Councilman Feibusch amended the motion to defer the matter until a financial evaluation of the electric system is complete and if it warrants, include commercial as well as residential rate changes . The motion died for lack of a second. On a motion by Councilman Wood, seconded by Councilman Brannon it was carried by the following roll. call vote to make the following amendments to Resolution No. 77-90: Page 1 B (1) ,Sentence-'2;Prior to backf_il.ling or placing of concrete. . . " Page 3, (2) Line 8, . . . "will be refund,d upon written'--a-1-41 3l.icati.on Page 6 C. , Line 4 , delete "on" preceding -- ��07 servicedrop. . . " 2" ' MINUTE'S OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH MAY 13 , 1977 - PAGE3 AYES : Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder, Mayor Simpson NOES : None ABSENT: None Councilwoman Snyder made a motion, seconded by Mayor Simpson to change Resolution No . 77-90, Page 3, (4) refunds to be made over a 5 year period, 20% per year, and exclude units of four or less from (a) 'and (b) on Page 3 , effective January 10th each year. The motion died by the following roll call vote: AYES : Councilwoman Snyder and Mayor Simpson. NOES : Councilmen Brannon, Wood, Feibusch ABSENT: None Councilman Wood made a motion to reintroduce Councilwoman Snyder ' s motion and amend it regarding the four unit exclusion. The motion died for lack of a second. ADOPTION OF RESOLUTION NO. 77-90 The original motion to adopt Resolution No. 77-90 , "Resolution Of The City Council Of The City Of Ukiah Adopting Rates For Electric Service" carried by the following roll call vote: AYES : Councilmen Brannon, Councilwoman Snyder, Mayor Simpson. NOES: Councilmen Wood and Feibusch. MAYOR SIMPSON DECLARED A RECESS AT THIS POINT - 9 : 56 p.m. VARIANCE APPLICATION NO. 77-24 DUANE R. FOORD TO BE REHEARD Council had originally considered subject application February 15 , 1977 , at which time the application was denied by a tie vote. Applicant requested Council rehear the matter because of an alleged misunderstanding and the fact that there was not a full Council when originally heard. Subject matter is again before Council for consideration. Council action is set forth in the following resolution. RESOLUTION NO. 77-91 GRANTING VARIANCE TO DUANE R. FOORD On a motion by Councilman Feibusch, seconded by Councilwoman Snyder it was carried by the following roll call vote to adopt Resolution No. 77-24 , "Resolution Granting Variance To Duane R. Foord" , with - the following stipulations : 1) Standard Conditions 1 through 9 2) Use restricted to continued use of single family residential lots. 3) Applicant to submit to City Engineer a parcel map and apply for Minor Subdivision approval . AYES : Councilmen Brannon, Feibusch, Councilwoman Snyder NOES : Councilman Wood and Mayor Simpson ABSENT: None PARKING ADVISORY COMMISSION PROPOSAL TO ALLOW REMOVAL OF PARKING METERS DOWNTOWN Subject commission has developed a program whereby, by entering into an agreement with the City, each downtown merchant could pay in advance for an amount equal to the annual revenue from the meter in front of his store. In return for this payment the City would remove the meter and replace it with a sign indicating free parking courtesy of the merchant. When the bonds sold for the parking :district, the City covenanted not to remove parking meters without the expressed consent of the holders of the bonds - the Savings Bank. Mr. Mannon, with the Savings Bank, has indicated his consent to the program in return for assurances from Council that the principal and interest on the bonds would be paid in event the program fails to generate adequate revenue. y 280 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH MAY 18, 1977 - PAGE 4 Mr. Nelmes Smith, Chairman of the Parking Advisory Commission stated subject proposal had unanimous approval of the commission and was a permissive measure, not mandatory. On a motion by Councilman Feibusch, seconded by Councilman Brannon it was carried by the following roll call vote to approve the Downtown Merchant' s Agreement with the inclusion of an option to cancel after six months. AYES: Councilmen Brannon, Feibusch, Councilwoman Snyder, Mayor Simpson NOES : Councilman Wood ABSENT: None ACQUISITION OF GARDNER PROPERTY APPROVED On a motion by Councilman Feibusch, seconded by Councilwoman Snyder it was carried by the following roll call vote to approve the Parking Advisory Commission recommendation to purchase the Gardner property located on Oak and Standley and approve the budget transfer to provide funds for said purchase. AYES: Councilmen Brannon, Feibusch, Councilwoman Snyder, Mayor Simpson , NOES : Councilman Wood ABSENT: None WRITTEN COMMUNICATION-PROPOSED CULTURAL/RECREATION CENTER Roland Pringle, Chairman of subject citizens committee gave a report of the work of the committee and requested Council endorsement and support for a County allocation of revenue sharing funds for this project. On a motion by Councilwoman Snyder, seconded by Councilman Wood it was carried by the following roll call vote to support the Ukiah Valley Cultural and Recreation Center in principle with the condition that the project be located at an appropriate Location and to notify the Board of Supervisors of Council ' s endorsement of the application for revenue sharing funds & urge favorable consideration. AYES : Councilmen Wood, Feibusch, Councilwoman Snyder, Mayor Simpson NOES : Councilman Brannon ABSENT: None WRITTEN COMMUNICATION-REQUEST FROM PG&E FOR SUPPORT OF ARCTIC GAS PIPELINE PROJECT Mr. Pringle, PG&E representative requested subject matter be withdrawn. On a motion by Councilman Feibusch, seconded by Councilwoman Snyder, it was unanimously carried to withdraw subject request. MAYOR SIMPSON DECLARED A RECESS AT THIS POINT - 11 : 45 p.m. TWO AGENDA ITEMS CARRIED OVER On a motion_ by Councilman Feibusch, seconded by Councilman Wood it was unanimously carried Agenda Item No. 11, Resolution estab- lishing rental fee for use of Council Chambers and Agenda Item No. 13 , Hillside Hospital Use Permit be held over. WRITTEN COMMUNICATION RE SALE OF PORNOGRAPHY On a motion by Councilman Wood, seconded by Councilwoman Snyder 281- MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH MAY 18 , 1977 - PAGE 5 it was unanimously carried a committee consisting of himself , Mayor Simpson, and the City Attorney draft a resolution requesting voluntary compliance to attempt to keep sex oriented literature out of the aisles of the local book store. ORDINANCE NO. 696 INTRODUCED AMENDING UTILITY DEPOSITS On a motion_ by Councilman Wood, seconded by Councilman Feibusch it was unanimously carried to introduce by title only, Ordinance No. 696 amending utility deposits . 41 On a motion by Councilman Wood, seconded by Councilman annon it was carried by the following roll call vote to -@� Ordinance No. 696, "Ordinance Of The: City Council Of The City Of Ukiah Amending Utility Deposits (Chapter 5 , Division 4 , Ukiah City Code) " . AYES : Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder, Mayor Simpson NOES : None ABSENT: None RESOLUTION NO. 77-92 AUTHORIZING MAIL TRANSPORT AGREEMENT (PT&T) Councilman Feibusch made a motion, seconded by Councilman Wood to adopt Resolution No. 77-92, "Resolution Of The City Council Of The City Of Ukiah Authorizing Mayor And Clerk To Sign Mail Transport Agreement" by adding to the agreement that the mail be placed in a sealed pouch, be ready for pickup after 1 : 30 p.m. and regular taxi service to take precedence over the mail delivery. Councilman Wood amended the motion to include the statement in the agreement that the sender assumes the risk of loss on delivery. The motion to adopt Resolution No. 77-92 carried by the following roll call vote: AYES : Councilmen Wood, Feibusch, Councilwoman Snyder, Mayor Simpson. NOES : Councilman Brannon absent: None ORDINANCE NO. 695 ADOPTED PAC MEMBERSHIP On a motion by Councilman Wood, seconded by Councilman Feibusch it was unanimously carried to adopt Ordinance No . 695 by title only. On a motion by Councilman Wood, seconded by Councilman Brannon it was carried by the following roll call vote to adopt Ordinance No. 695, "Ordinance Of The City Council Of The City Of Ukiah Amending Section 1161 Of The Ukiah City Code (Parking Advisory Commission) " . AYES : Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder Mayor Simpson NOES: None RESOLUTION NO. 77-96 MAKING -APPOINTMENT TO PRK. ADV. COMMISSION On a motion by Councilman Feibusch, seconded by Councilwoman Snyder it was carried by the following roll call vote to adopt Resolution No. 77-96 , "Resolution Of The City Council Of The City Of Ukiah Appointing The President Of The Downtown Merchants Association To The Parking Advisory Commission" . AYES : Councilmen Feibusch, Councilwoman Snyder, Mayor Simpson NOES : Councilmen Brannon, Wood ABSENT: None 282 - MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH MAY 18 , 1977 - PAGE 6 RESOLUTION NO. 77--93 - FORD STREET CROSSING PROTECTION AGREEMENT On a motion by Councilman Brannon, seconded by Councilman Feibusch it was carried by the following roll call vote to adopt Resolution No. 77-93, "Resolution Of The City Council Of The City Of Ukiah Authorizing Mayor And Clerk To Sign Ford Street Crossing Pro- tection Agreement" . AYES : Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder, Mayor Simpson NOES : None* ABSENT: None RESOLUTION NO. 77-94 CETA TITLE VI SUIGRANT On a motion by Councilman Brannon, seconded by Councilman Feibusch it was carried by the following roll call vote to adopt Resolution No. 77-94 , "Resolution Of The City Council Of The City Of Ukiah Authorizing Mayor And Clerk To Sign CETA Title VI Subgrant" . AYES : Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder, Mayor Simpson NOES : None ABSENT: None HILLSIDE HOSPITAL USE PERMIT Council had received a report estimating the construction time for subject facility to be 18 months. APPLICATION FOR SB325 FUNDS 1977-78 On a motion by Councilman Feibusch,. seconded by Councilwoman Snyd it was carried by the following roll call vote to authorize City Manager to make application for SB325 funds for fiscal 1977-78 as follows : Article 4-City Dial-a-ride, $70, 000; Article 8-Ford Street Bridge, $152, 000 Bush St. Ext. $70, 000 Main St. Right-of-way Acquisition $50, 000. AYES : Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder, Mayor Simpson NOES : None ABSENT: None RESOLUTION NO. 77-95 APPOINTMENT TO WORKERS ' COMP.FUND On a motion by Councilman Feibusch, seconded by Councilman Wood it was carried by the following roll call vote to adopt Resolution No. 77-95, "Resolution Of The City Council Of The City Of Ukiah Appointing Member To The REdwood Empire Workers ' Compensation Fund" . AYES: Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder, Mayor Simpson NOES : None ABSENT: None ACCEPTANCE OF OFFER FOR OLD GENERAL HOSPITAL PROPERTY Councilman Wood made a motion, seconded by Councilwoman Snyder to accept the offer from Hospital Corporation of America for title to the old General Hospital facility, independently or as tennants in common with the County. Councilwoman Snyder further amended the motion to include a tour of the facility by Council . The amendment was not agreeable to Councilman Wood who made the motion. Councilman Wood' s motion carried by the following roll call vote: AYIaS : Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder, Mayor Simpson NOES: Nonu ABSENT: None 283 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH MAY 18 , 1977 - PAGE 7 COUNCILMAN WOOD Expiration of Commission Terms. Request for expiration dates of commission members. Parking Violations - Request from City Attorney regarding how many of the parking violations are misdemeanors and can be reduced to infractions . , COUNCILWOMAN SNYDER Travel Trailer at Smith-Aire-- Asked to whom the trailer belonged. MAYOR SIMPSON Mayors and Councilmen Legislative Institute. Report on pending legislation pertaining to cities . , ATTEST: Mayor City Clerk EMERGENCY PURCHASE The following information contained herein is in accordance with Chapter 6 , Article 3 , Section 1530 (a) (1) of the Ukiah Municipal Code: MEMO kA i4 U JM DATE: May 13, 1977 TO: CITY MANAGER FROM: Director of Public Works SUBJECT: RENTAL OF CATERPILLAR TRACTOR FOR SOLID WASTE DISPOSAL SITE The D-8 Tractor at the disposal site has developed engine trouble which requires immediate repair or we risk severe damage and complete breakdown. It is necessary to provide an immediate replacement while repair is made. Repair will take approximately four weeks and require taking the unit into a shop for disassembly. We have contacted various contractors and equipment people for a replacement unit and received these quotes for D-8 tractor rentals: Lin Ford - $40/11r. Joe La Malfa - $41/I1r. Berglund Tractor - $5370 for 6 weeks (Rate based on $29 per hour for 176 hours per month with one week free rental while they survey our unit for repair.) Move in charges are in addition to above for each unit and are estimated @ $250 +. Since we operate approximately 180 hours per month, rental of Fords equipment would exceed $7200. We believe Berglund's proposal is best for. the City. 284- 1 MINUTES OF THE MEJETING OF TIIE CITY COUNCIL OF THE CITY OF UKIAI1 MAY 18 , 1977 - PAGE 8 Since our permit to operate the disposal. site requires daily compacting and cover of wastes , we cannot proceed with normal purchasing procedures for substitute equipment. We request emergency authorization to rent Berglund's equipment and request execution of attached lease documents on behalf of the City. Arrangements are being made to have the unit on site Monday a.m. , May 16, 1977. i A.S. Kruth ASK:kk r/ I M E M 0 K 11 D U M DATE: May 13, 1977 TO: C I T`,` MANAGER FROr1: Director of Public Works SUBJECT: REPAIR OF CATERPILLAR TRACTOR SOLID WASTE DISPOSAL SITE We have had preliminary estimates for repair of City's D8H Tractor used at the dumps. Since the present failure will require a major engine overhaul it is prudent to consider making all repairs needed to put the tractor back into full repair. We have delayed under carriage and other repairs with intent to do these this summer. Since the tractor will be in the shop for four weeks or more and a replacement unit will be on the job, the work should be done now to avoid double cost indown time and rentals. We are moving the tractor to Berglund's for the engine work. Estimates will be finalized for needed work after partial disassembly. Preliminary estimates have been obtained as follows: Parts -- $17, 168 Labor 5,623 TOTAL $22,791 plus tax and handling Of the above amount, approximately $9235 is cost of the truck assembly. I have requested Berglund to offer a trade in on a new or near new unit and/or make any lease option-to-buy offers they may have available. I have also requested further confirmation on repair costs before we determine to proceed with full repairs. This informa- tion will be available early next week after unit has been looked over in the shop. A.S. Kruth Director of Public Works ASK:kk �j ')