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Home My WebLink Aboutmin 04-20-77 264 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH APRIL 20, 1977 - PAGE 1 The City Council met at 6 : 30. p.m. in Personnel Session. City Council convened in regular session at 8 : 00 p.m. with Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder, and Mayor Simpson present. INVOCATION & PLEDGE OF ALLEGIANCE Councilman Wood gave the invocation and Mayor Simpson led in the Pledge of Allegiance. PAYROLL WARRANTS On a motion by Councilman Feibusch, seconded by Councilman Wood it was carried by the following roll call vote to approve Pay- roll Warrants #9964 to #10130 inclusive for the period of March 2, 1977 to April 2, 1977, inclusive in the total amount of $75, 857. 78. AYES: Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder and Mayor Simpson. NOES: None ABSENT: None GENERAL WARRANTS Councilman Wood made a motion, seconded by Councilman Brannon to approve the General Warrants #5676 to #5792 inclusive in the total amount of $348 , 672. 89 . Councilman Feibusch made a motion that Warrant #5690 in the' amount of $444 . 60 to Builders Glass and Supply be withheld until a determination is made as to whether or not the work - done is in compliance with the Health and Safety and Building Codes . Councilwoman Snyder seconded the motion. The motion failed with the following roll call vote: AYES : Councilman Feibusch and Councilwoman Snyder NOES : Councilmen Brannon, Wood, Mayor Simpson. ABSENT: None The motion to approve the warrants carried by the following roll call vote: AYES : Councilmen Brannon, Wood, Councilwoman Snyder, Mayor Simpson. NOES : Councilman Feibusch ABSENT: None The City Manager will furnish Council a background report on work done by Builders Glass and Supply. APPROVAL OF MINUTES Councilman Brannon made a motion, seconded by Councilman Wood to approve the Minutes of the meeting of April 6, 1977 , as corrected. Councilman Feibusch amended the motion with a further correction to the minutes . The amendment died for lack of a second. The correction of the minutes by Councilman Brannon was approved by the following roll call vote: AYES: Councilmen Brannon, Wood, Councilwoman Snyder; Mayor Simpson NOES: Councilman Feibusch ABSENT: None CONSENT CALENDAR Councilwoman Snyder requested Item No. 4 , Setting Public Hearing date for inclusion of Social Element in General Plan, be pulled from the Consent Calendar. 265 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH APRIL 20, 1977 - PAGE 2 On a motion by Councilman Wood, seconded by Councilman Brannon 1.t was carried by the following roll call vote to approve Item Nos. 1, 2 , 3, 5 on the Consent Calendar as set forth below: 1) Authorization to file Notice of Completion for golf cart paths. 2) Award of bids to McGraw-Edison for oil circuit recloser 3) Award of bid to G.E. Supply Company for cable. 5) Defer proposed local jitney service to budget discussions . AYES : Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder May6Y Simpson NOES : NOne ABSENT: None On a motion by Councilwoman Snyder, seconded by Councilman Wood it was carried by the following roll call vote to set July 6, 1977, as the public hearing date for inclusion of the Social Element in the General Plan. AYES : Councilmen Brannon, Wood, Feibusch, Councilu man Snyder, Mayor Simpson PUBLIC HEARING CONTINUED NOES: None ZONE CHANGE APPLICATION 77-41 ABSENT: None JIM FOUCAULT Mayor Simpson opened the public hearing at 8 :16 p.m. There was no one present in the audience who spoke in favor or in opposition to subject matter. Applicant had made a written request to continue the matter until Main St. routing can be determined. On a motion by Councilman Wood, seconded by Councilman Brannon it was unanimously carried to continue the public hearing to the meeting of August 3, 1977 . WRITTEN COMMUNICATIONS MENDOCINO GRAPEVINE Subject communication requested Council consideration of placement of city legal notices in The Grapevine inasmuch as the paper qualifies as a newspaper of general circulation in Ukiah. The City Attorney read Section 6000 of the Government Code defining a newspaper of general circulation as one which is printed and published within the jurisdiction and thus concluded that the Grapevine did not qualify as a newspaper of general circulation in the City of Ukiah. The newspaper will be so advised. WRITTEN COMMUNICATIONS CHAMBER OF COMMERCE QUARTERLY REPORT Larry Artman, President and Bill Alvernaz , Manager spoke. The report summarized activities and programs . The quarterly reports will hopefully open up communications to operate more effectively and become more professional in the working relationship with the City. WRITTEN COMMUNICATIONS ANITA LYNN MEYER RE PARKING FEES Subject request was to be heard on the matter of the increased parking rates in the two city lots on Oak Street. Mr. Nelmes Smith and Mrs . Paula Worster, members. of the Parking Advisory Commission were present in the audience and reviewed Commission action leading to the determination to increase the parking fees on the two lots on Oak Street. The following persons were present to speak in opposition to the increase which has been put into effect: 1) Anita Lynn Meyer, Telephone Company 2) Lee Enemark 3) Suzanne Porter, Telephone A petition containing 116 signatures was presented to the Council by Anita Meyer. The request was that the Council reconsider the increased rates, arrive at a workable solution, or give the telephone company employees four hour parking on Stephenson, Pine and Bush Streets . 266 J MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH APRIL 20, 1977 - PAGE 3 On a motion by Councilman Feibusch, seconded by Councilman Wood it was carried by the following roll call vote to refer subject matter back to the Parking Advisory Commission and to notify the petitioners of said commission meeting. AYES : Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder, Mayor Simpson NOES: None ABSENT: None VARIANCE APPLICATION NO. 77-24 DUANE R. FOORD TO BE REHEARD Council had originally considered subject application Fabruary 15, 1977, at which time the application was denied by a tie vote. Applicant requests Council rehear the matter because of an alleged misunderstanding and the fact of there not being a full Council at that time. On a motion by Councilman Brannon, seconded by Councilman Feibusch it was carried by the following roll call vote to rehear Variance Application No. 77-24 . AYES: Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder NOES: Mayor Simpson ABSENT: None On a motion by Councilman Brannon, seconded by Councilman Feibusch it was unanimously carried to rehear the Variance Application No. 77-24 filed by Duane R. Foord, May 18 , 1977 . RESOLUTION NO. 77-81 C014MENDING JAMES L. SMART FOR SERVICE On a motion by Councilman Brannon, seconded by Councilwoman Snyder it was carried by the following roll call vote to adopt Resolu- tion No. 77-81, "Resolution Of The City Council Of The City Of Ukiah Commending James L. Smart For His Service As A City Employee" . AYES : Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder Mayor Simpson NOES : None ABSENT: None RESOLUTION NO. 77-82 AUTHORIZING CETA TITLE VI FUNDS APPLICATIONS FOR SEASONAL FIREFIGHTERS On a motion by Councilman Wood, seconded by Councilman Feibusch it was carried by the following roll call vote to adopt Resolu- tion No. 77-82, Resolution Of The City Council Of The City Of .Ukiah Authorizing City Manager To Sign CETA Title VI Funds Application (Seasonal Firefighters) " . AYES: Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder Mayor Simpson NOES: None ABSENT: None RESOLUTION NO. 77-83 INTENTION TO ABANDON PORTION OF HIGHLAND AVENUE George Hunter, 22 Highland Drive and Jack Hamson, 51 -Highland Court spoke on subject matter. On a motion by Councilman Wood, seconded by Councilman Brannon it was carried by the followinq roll call vote to adopt Resolution No. 77-83 , "Resolution Of The City Council Of The City Of Ukiah Stating Its Intention To Abandon Certain Property Consisting Of A Portion Of Highland Avenue" . AYES : Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder Mayor Simpson NOES : None ABSENT: None 267 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH APRIL 20, 1977 - PAGE 4 ADOPTION OF ORDINANCE NO. 692 REGULATING MOTORCYCLES & OFF HIGHTr1AY VEHICLES On a motion by Councilman Wood, seconded by Councilman Feigusch it was carried by the following roll call vote to adopt Ordinance No. 692 by title only and that further reading be waived. �ae AYES: Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder Mayor Simpson NOES : None ABSENT: None Jim Shupe, Motosports of Ukiah asked for points of clarification concerning the ordinance. On a motion by Councilman Wood, seconded by Councilman Brannon it was carried by the following roll call vote to adopt Ordinance No. 692, "An Ordinance Of The City Council Of The City Of Ukiah Adding Article 5 To Chapter 1 Of Division 7 Of The Ukiah City Code (Regulation Of Motorcycles And Off-Highway Motor Vehicles) " . AYES : Councilmen Brannon, Wood, Mayor Simpson NOES : Councilman Feibusch, Councilwoman Snyder ABSENT: None On a motion by Councilman Wood, seconded by Councilman Brannon it was carried by the following roll call vote to direct the City Manager to provide a press release to the press and radio stations, and those firms listed in the telephone book who sell motorcycles advising of action taken by Council on subject matter. AYES : Councilmen Brannon, Wood, Councilwoman Snydert Mayor Simpson. NOES: Councilman Feibusch ABSENT: None MAYOR SIMPSON EXCUSED HIMSELF FROM THE MEETING FOR A POSSIBLE CONFLICT OF INTEREST AND VICE MAYOR FEIBUSCH ASSUMED THE CHAIR INTRODUCTION OF ORDINANCE NO. 693 ZONE CHANGE APPLICATION NO. 77-35 On a motion by Councilwoman Snyder, seconded by Councilman Wood it was carried by the following roll call vote to introduce Ordinance No. 693 by title only. AYES : Councilmen Brannon, Wood, Feibusch, Councilwoman Snyder. NOES: None ABSENT: Mayor Simpson On a motion by Councilwoman Snyder, seconded by Councilman Brannon it was carried by the following roll call vote to introduce 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, Feibusch, Councilwoman Snyder NOES : None ABSENT: Mayor Simpson MAYOR SIMPSON RESUMED THE CHAIR AT THIS POINT IN THE MEETING. INTRODUCTION OF ORDINANCE NO. 694 ESTABLISHING AGRICULTURAL EXCLUSIVE ZONE On a motion by Councilman Wood, seconded by Councilman Brannon it was unanimously carried to introduce Ordinance No. 694 by title only. Councilman Wood made a motion, seconded by Councilman Brannon to introduce Ordinance No. 6941F "Ordinance Of The City Council Of The City Of Ukiah Adding Article 12b To Chapter 2 Of Division 9 (Agricultural Exclusive Zone) " . The following persons present in the audience spoke in opposition to the proposed ordinance: 1) Bobby Kennedy, 2740 Westlake Drive 1. 268 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH APRIL 20, 1977 - PAGE 5 2) Jack Cox, 555 Doolin Canyon 3) Lee McGraw, 311 Lovers Lane 4) Morgan Ruddick, 2201 Ruddick Cunningham Road Council stated this ordinance is intended to be an enabling amendment to the zoning ordinance. The introduction of Ordinance No. 694 carried by the following roll call vote: AYES : Councilmen Brannon, Wood, Mayor Simpson NOES: Councilman Feibusch, Councilwoman Snyder ABSENT: None CITY WINS POSITION TAKEN ON WATER RATES TO MOBILE HOMES & MULTIPLE DWELLING UNITS The City Attorney reported the challenge made by mobile home and multiple dwelling unit owners of the water rates in a class action suit has resulted in the City winning the case. The loss of this case could have resulted in the City having to refund approximately $90 , 000 to subject residents. COUNCIL SUPPORTS COMMUNITY HOSPITAL On a motion by Councilman Wood, seconded by Councilman Feibusch it was unanimously carried to advance Item No. 18 on the Agenda, "Status of Community Hospital" to the next in order. The following persons in the audience spoke in favor of keeping the hospital open: 1) John Phau, Anesthesiologist 2) Martha Moore On a motion by Councilwoman Snyder, seconded by Councilman Feibusch it was unanimously carried to recommend to the Board of Supervisors to maintain the Community Hospital at its present level of service for an indefinite period of time. PLANNED PROGRAM BUDGETING SYSTEM City Manager briefly explained subject system and zero base budgeting. He stated Council should establish what it is trying to achieve, how much time control and how much reporting will be required. The thought was how the system would work in Ukiah, how it could be modified and used as a springboard for evaluation of the present system. Council may look on to alternate approaches . COUNCILMAN BRANNON Bi-Centennial Committee - Asked the status and suggested an expression of t an 's i.s in order. COUNCILMAN FEIBUSCH City Newsletter - Complimented the editor of the current Newsletter.-.--. The content was informative and well written. City Manager ex- plained Kelly Cox, the Administrative Intern did the work on the Newsletter. Use Permits - Instead of the requirement that a project be completed within' 18 months, in the future it should statethat the project should commence within 18 months. COUNCILMAN WOOD Request for feasibility report was made to the Public Works Director as the possibility of the proposed Hillside hospital site being completed within the time limit of the use permit. - 269 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH APRIL 20, 1977 - PAGE C Traffic Signal at Standley and State is still slow. COUNCILWOMAN SNYDER Fire control on the western hills was questioned. City Manager explained. Charge for use of Council Chambers - Understanding there is no charge at the present time for use of the Council Chambers. Since electricity and heat is being used, in her opinion there should be a charge for its use. Mayor Simpson was of the opinion there should be exemptions made for some groups. A charge will be made. MAYOR SIMPSON Safety Committee - Referred to hazard in hallway at City Hall and stated it should be fixed. California Forgotten Victims Week - Reported on meeting he attended. ADJOURNMENT Mayor Simpson adjourned the meeting at 10 : 44 p.m. Mayor' ATTEST: /7-1/ City Clerk