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HomeMy WebLinkAboutmin 05-04-77 270 MINUTES" OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH MAY 41 1977 - PAGE 1 The City Council met at 6 : 30 p.m. in Executive Session. City Council convened in regular session at 8 : 00 p.m. with Councilmen Brannon, Feibusch, Councilwoman Snyder, and Mayor Simpson present. Councilman Wood was absent. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Simpson gave the invocation and Councilman Brannon led in the Pledge of Allegiance. GENERAL WARRANTS On a motion by Councilman Brannon, seconded by Councilman Fdibusch it was carried by the following roll call vote to approve General Warrants #5793 to #5879 inclusive in the total amount of $62 , 744 . 68. AYES : Councilmen Brannon, Feibusch, Councilwoman Snyder, Mayor Simpso NOES: None ABSENT: Councilman Wood APPROVAL OF MINUTES On a motion by Councilman Brannon, seconded by Councilman Feibisch it was unanimously carried to approve the minutes of the meeting of April 20, 1977, as corrected. PROCLAMATION - COMMENDING UKIAH WILDCAT BAND Mayor Simpson read subject Proclamation commending the High School Band for their achievements in the field of music and urged all citizens of Ukiah to offer their support and best wishes to the band as they prepare for their trip to British Columbia to parti- cipate in a celebration held in honor of Queen Victoria ' s birth- day. VARIANCE APPLICATION NO. 77-48 GARY MACOMBER, 545 LIVE OAK AVENUE Subject application was for a variance from the rear yard setback requirements as prescribed by Section 9017 . Planning Commission determined the proposed garage extension does not comply with the restrictions of the Code, is not in harmony with the development of the neighborhood and that special conditions are not applicable to the subject parcel, and recommended to Council denial of subject variance. Mr. Macomber spoke in favor of his application and cited reasons why denial would create a hardship. There was no one present in the audience who spoke against the proposal. Council action is set forth in the following resolution. RESOLUTION NO. 77-84 GRANTING VARIANCE TO GARY MACOMBER On a motion by Councilman Feibusch, seconded by Councilwoman Snyde it was carried by the following roll call vote to adopt Resolution No. 77-84, "Resolution Granting Variance To Gary Macomber" . AYES: Councilmen Brannon, Feibusch, Councilwoman Snyder, Mayor Simpson NOES: None ABSENT: Councilman Wood 271 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH MAY 41 1977 - PAGE 2 APPROVAL OF REVISED TENTATIVE MAP (OAK MANOR SUBD. UNIT #4) The original tentative map for subject subdivision was considered by Council in May 1976. The Ukiah Evangelical Free Church has since purchased the property and requested an amendment which decreases the number of R-2 lots with provisions for a church site. At the April 13, 1977 Planning Commission meeting the revised tentative map was recommended for approval with the following stipulated conditions: 1) Park dedication fees equal to the acreage requirements in the City Code, subject to a determination of the number of units will be required upon the filing of the final map. 2) Drainage be constructed as specified by the City Council at its meeting of March 2 , 1977 . 3) All street improvements to meet the provisions of the City Code. 4) A planting strip be placed along the freeway side. 5) All new utilities be underground 6) All remaining conditions imposed on the previous tentative map also be applied to this map. Mr. Gary Akerstrom, Agent for applicant spoke concerning the map. Councilman Brannon made a motion, seconded by Mayor Simpson to approve the amended tentative map with the six stipulations recommended by the Planning Commission. Council reviewed the drainage problem as discussed at the May 19th meeting. Council determined a need to review the original tentative map before proceeding. Councilman Brannon withdrew his motion. The matter was continued after the consideration of Payroll Warrants and a brief recess . APPROVAL OF PAYROLL WARRANTS On a motion by Councilman Feibusch, seconded by Councilwoman Snyder it was carried by the following roll call vote to approve Payroll Warrants #10731 to #10269 in the amount of $72, 627. 01 for the period of April 3, 1976 to April 16, 1976 , inclusive. AYES: Councilmen Brannon, Feibusch, Councilwoman Snyder, Mayor Simpsor, NOES: None ABSENT: Councilman Wood MAYOR SIMPSON DECLARED A RECESS AT THIS POINT IN THE MEETING - 8 : 39 p.m. The original tentative map was compared with the proposed amendment to the map, noting the lots are larger on the amended map. COUNCILMAN WOOD ARRIVED AT THIS TIME - 8 : 50 p.m. RESOLUTION NO. 77-85 (OAK MANOR SUBD. #4) On a motion by Councilman Brannon, seconded by Mayor Simpson,,Reso. No.-77- was adopted by the following roll call vote to approve the amended tentative map for Oak Manor Subdivision #4 subject to the six stipulations recommended by the Planning Commission and the utiliza- tion of the designated lots be limited to duplexes . AYES: Councilmen Brannon, Feibusch, Councilwoman Snyder, Mayor Simpson NOES: None ABSENT from discussion: Councilman Wood APPROVAL OF JOINT POWERS AGREEMENT MENDOCINO COUNTY YOUTH PROJECT MAYOR SIMPSON SERVES ON SUBJECT BOARD SO EXCUSED HIMSELF FROM THE MEETING VICE MAYOR FEIBUSCH ASSUMED THE CHAIR AT 8 : 57 P.M. David Patton, Director of the project was present in the audience requesting city participation and explaining the JPA and a summary of the project and budget 272 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE .CITY OF UKIAH MAY 41 1977 - PAGE 3 On a motion by Councilman Wood, seconded by Councilman Brannon it was carried by the following roll call vote to approve the Joint Powers Agreement Establishing Mendocino County Youth Project. AYES: Councilmen Brannon, Wood, Councilwoman Snyder, Vice Mayor Feibusch NOES: None ABSENT: Mayor Simpson ADOPTION OF ORDINANCE NO. 693 REZONING PROPERTY (ZONE CHANGE APPL. 77-35, TONY BRAZIL) On a motion by Councilman Brannon, seconded by Councilman Wood it was unanimously carried to adopt Ordinance No. 693 by title only. On a motion by Councilman Brannon, seconded by Councilwoman Snyder it was carried by the following roll call vote to adopt Ordinance No. 693, "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-2 (Zone Change Application No. 77-35) . " AYES: Councilmen Brannon, Wood, Councilwoman Snyder, Vice Mayor Feibusch NOES: None ABSENT: Mayor Simpson Councilman Wood made a motion to direct the publication of Ordi- nance No. 693 on June 151 1977. Motion died for lack of a second. MAYOR SIMPSON RETURNED AND ASSUMED THE CHAIR - 9 : 30 P.M. ADOPTION OF ORDINANCE NO. 694 AGRICULTURAL EXCLUSIVE ZONE On a motion by Councilman Wood, seconded by Councilman Brannon it was unanimously carried to adopt Ordinance No. 694 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. 694, "Ordinance Of The City Council Of The City Of Ukiah Adding Article 12b to Chapter 2 Of Division 9 (Agricultural Ex- clusive Zone) " . AYES: Councilmen Brannon, Wood, Mayor Simpson NOES : Councilman Feibusch, Councilwoman Snyder ABSENT: None INTRODUCTION OF ORDINANCE NO. 695 PARKING ADVISORY COMMISSION On a motion by Councilman Wood, seconded by Councilman Brannon it was unanimously carried to introduce Ordinance No. 695 by title only. On a motion by Councilman Brannon, seconded by Councilman Wood it was carried by the following roll call vote to introduce 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 ABSENT: None RESOLUTION NO. 77-86 DECLARING WEEDS & RUBBLE ON PRIVATE PROPERTY TO BE PUBLIC NUISANCE & ORDERING ABATEMENT On a motion by Councilman Wood, seconded by Councilman Feibusch it was carried by the following roll call vote to adopt Resolution No. 77-86, "Resolution Of The City Council Of The City Of Ukiah Declaring Weeds & Rubble Upon Private Property To Be Public Nuisance 2'7 2 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH MAY 4 , 1977 - PAGE 4 And Ordering Abatement of Same" . AYES : Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder, Mayor Simpson NOES : None ABSENT: None RESOLUTION NO. 77-87 DECLARING PROPERTY . PUBLIC NUISANCE & STATING INTENT TO ABATE (LAMB' S INN) - 445 NORTH STATE On a motion by Cogncilman Wood, seconded by Councilman Brannon it was carried by the following roll call vote to adopt Resolution No. 77-87, "Resolution Of The City Council Of The City Of Ukiah Declaring Property A Public Nuisance And Stating Intention To Abate Same" . AYES: Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder, Mayor Simpson NOES : None ABSENT: None RESOLUTION ESTABLISHING FEE FOR USE OF COUNCIL CHAMBERS Councilman Wood made a motion, seconded by Councilman Brannon to adopt the proposed resolution. Councilman Feibusch amended the motion to increase the rental fee to $25 per 'day. The motion died for lack of a second. Councilman Wood amended the motion to reduce the rental fee to $5 per day. The motion died for lack of a second. The motion to adopt the resolution failed by the following roll call vote: AYES: Councilwoman Snyder NOES: Councilmen Brannon, Wood, Feibusch, Mayor Simpson Subject matter was referred to staff by 4 to 1 voice vote. RESOLUTION NO. 77-88 AUTHORIZING PURCHASE OF AIRPORT CLEAR ZONE PROPERTY On a motion by Councilman Wood, seconded by Councilwoman Snyder it was carried by the following roll call vote to adopt Resolution No. 77-88, "Resolution Of The City Council Of The City Of Ukiah Authorizing The Purchase Of Airport Clear Zone Property" . AYES: Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder, Mayor Simpson NOES: None ABSENT: None On a motion by Councilman Feibusch, seconded by Councilwoman Snyder it was carried by the following roll call vote to amend Resolution No. 77-88 for the additional funds needed to be taken out of the Special General Fund until repayment is made to the City by FAA. AYES: Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder, Mayor Simpson NOES: None ABSENT: None. 2.74 . MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE .CITY OF UKIAH MAY 4, 1977 - PAGE 5 RESOLUTION NO. 77-89 AMENDING PAY & CLASSIFICATION PLAN Councilman Wood made a motion, seconded by Councilman Brannon to adopt Resolution No. 77-89 . Councilman Feibusch amended the motion, seconded by Councilman Wood to approve a job description for Civil Engineer, with the chain of command to start from 'the Public Works Director to Civil Engineer, to Deputy Director of Public Works . City Manager stated that the position requires a valid certificate of registration as a Registered Civil Engineer issued by the State of California. Councilman Wood withdrew his motion. Councilman Feibusch made a motion to adopt Resolution No. 77-89 and change the job description to Assistant Public Works Director with the chain of command to start from Public Works Director to Assistant Public Works Director and then to Deputy Public Works Director. Councilwoman Snyder seconded the motion. The following roll call vote resulted in defeat of the motion: AYES: Councilman Feibusch and Councilwoman Snyder NOES : Councilmen Brannon, Wood, Mayor Simpson ABSENT: None It was pointed out that job descriptions do not normally include the chain of command. On a motion by Councilman Feibusch, seconded by Councilman Wood it was carried by the following roll call vote to adopt Resolution No. 77-89, "A Resolution Of The City' Council Of The City Of Ukiah Amending Pay And Classification Plan" and approve the position title of Assistant Director of Public Works. AYES: Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder, Mayor Simpson NOES: None ABSENT: None APPROVAL OF CONTRIBUTION TO CONSTITUTIONAL CHALLENGE OF FEDERAL UNEMPLOYMENT COMPENSATION ACT OF 1976 On a motion by Councilman Feibusch, seconded by Councilman Brannon it was carried by the following roll call vote that the City become a party plaintiff with the National Institute of Municiapl Law Officers by paying $2 , 500 to help establish a trust fund to fight the Federal Unemployment Compensation Act of 1976 and to authorize the budget transfer from Account 1-260-000 to Account 1-512-029. AYES: Councilmen Brannon, Feibusch, Councilwoman Snyder, Mayor Simpson NOES: Councilman Wood ABSENT: None MAYOR SIMPSON DECLARED A RECESS AT THIS POINT —10: 30 p.m. BUDGET TRANSFER AUTHORIZATION SWIMMING POOL HEATING On a motion by Councilman Wood, seconded by Councilman Brannon it was carried by the following roll call vote to authorize budget transfer from Account 754-11 to Account 756-31 in the amount of $1, 500 to cover the increased cost of utilities. AYES: Councilmen Brannon, Wood, Mayor Simpson NOES: Councilman Feibusch, Councilwoman Snyder 2 to MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH MAY 41 1977 - PAGE .6 APPROVAL OF GRAZING LEASE OLIVER & HELEN HARMON On a motion by Councilman Feibusch, seconded by Councilman Brannon it was unanimously carried to advance Agenda Item No. 15, "Grazing Lease" to this point in the meeting. Mr. Harmon was present in the audience. On a motion by Councilman Wood, seconded by Councilman Brannon it was unanimously carried to approve the "Grazing Lease (City Owned Disposal Area Property) " with Oliver and Helen Harmon. DISCUSSION OF ANNEXATION POLICY City Manager referred to the current City policy with respect to annexation as expressed in the General Plan and requested Council express a policy position spelling out the extent to which the City will go to carry out the goals of the General Plan. The City Manager stated in his opinion a general purpose government is more efficient than single purpose agencies. There was general Council agreement that a proposed annexation must be economically feasible and input from the Board of Supervisors would be desirable. On a motion by Councilman Feibusch, seconded by Councilwoman Snyder it was unanimously carried that the Mayor appoint an ad hoc committee to meet with the Board of Supervisors to express the City' s concerns pertaining to subject matter. AIRPORT MANAGER POSITION ELIMINATED AIRPORT SUPERVISOR POSITION"'TO BE FILLED On a motion by Councilman Wood, seconded by Councilman Brannon it was unanimously carried that the position of Airport Manager be eliminated and the vacancy be filled at the Airport Super- visor level by promotional examination. COMMUNICATION TO BOARD OF SUPERVISORS RE PROPOSED CLOSURE OF COMMUNITY HOSPITAL On a motion by Councilman Brannon, seconded by Councilman Wood it was unanimously carried to approve the letter prepared at Council' s direction to the Board of Supervisors recommending that the Community Hospital in its present form remain open for an indefinite period. APPLICATION FOR SB325 FUNDS CONTINUED On a motion by Councilman Wood, seconded by Councilman Brannon it was unanimously carried to continue subject matter to the May 18, 1977, Council meeting. APPLICATION FOR REVISED DISCHARGE PERMIT (TREATED WASTEWATER FOR IRRIGATION) On a motion by Councilman Feibusch, seconded gy Councilman Wood, it was unanimously carried to make application for a revised discharge permit to allow use of treated wastewater for irrigation. COUNCILMAN FEIBUSCH Airport property - revenue producing. Suggested a committee be appointed to look into the development of city owned property. MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH MAY 41 1977 - PAGE 7 COUNCILMAN BRANNON Revision of Personnel Policies. A need exists for revision of that portion of the Personnel Policies pertaining to new recruitment. Councilman Feibusch suggested that the entire Personnel Policies be reviewed. After budget hearings Council could schedule meet and confer sessions with the Union to get together a package. The City Attorney referred to the Civil Service Ordinance No. 508 , copies of which will be distributed to Council. COUNCILWOMAN SNYDER Trucks through town. Asked that subject be placed on the Traffic Committee agenda. Redwood Empire League Meeting. Referred to one topic of discussion at the meeting - the dial-a-ride system and recommended that we check with the City of Fairfield for further information. COUNCILMAN SIMPSON Display of pornography. Has received more calls on subject stating the.'opinion that the displays should be out of view of children. MTA cutback. The bus service has been curtailed to Covello, Redwood Valley, Potter Valley, Hopland, Anderson Valley and Fort Bragg. LAFCO meeting. Approval of five acres for annexation in the Babcock Lane area. The request was for approval of 18 . 5 acres. COUNCILMAN WOOD Commission attendance report. Requested that the attendance report of the various commissions be brought up to date. ADJOURNMENT Mayor Simpson adjourned the meeting at 11: 29 p.m. Mayor F ATTEST: City Clerk