HomeMy WebLinkAboutmin 02-16-77 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH
FEBRUARY 16 , 1977 - PAGE 1
The City Council met in regular session at 8 : 00 p.m. with
Councilman Feibusch, Brannon, Simpson, and Mayor Wood present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Mayor Wood gave the invocation and Councilman Simpson led in
the Pledge of Allegiance.
PAYROLL WARRANTS
On a motion by Councilman Simpson seconded by Councilman Feibusch
it was carried by the following roll call vote to approve
Payroll Warrants #9208 to #9370 inclusive in the total amount
of $72, 921. 18 for the period of January 23 , 1977 to February 5,
1977, inclusive.
AYES : Councilmen Feibusch, Brannon, Simpson, Mayor Wood
NOES : ' None
ABSENT: None
w
GENERAL WARRANTS
On a motion by Councilman Brannon, seconded by Councilman Feibusch
it was carried by the following roll call vote to approve
General Warrants #5284 to #5391 inclusive in the total amount
of $391, 192. 26 .
AYES : Councilmen Feibusch, Brannon, Simpson, Mayor Wood
NOES : None
`4 ABSENT: None
PROCLAMATION - BIG BROTHER WEEK
Mayor Wood read subject Proclamation declaring February 20-26 ,
1977 as Big Brothers Week and called upon the citizens of
the Ukiah Valley to support the Big Brothers Movement.
Mr. McAllister, President and Susie Meyer, Executive Director
of the Big Brothers were present in the audience to accept
the Proclamation and expressed their thanks to the Mayor.
CONSENT CALENDAR
On a motion by Councilman Simpson, seconded by Councilman Brannon
it was unanimously carried to approve the Consent Calendar as
set forth below:
1) Award of bids for golf cart paths to Parnum Paving as
circled on the following tabulation:
Joe La Malfa, Ukiah $19, 220 . 10
Mendocino Paving, Willits 16, 066. 80
Nie Con, Ukiah 17, 496 . 25
Parnum Paving, Ukiah 5, 523 . 00)
2) Award of bids for 1-2500 KVA padmount transformer to
R.T.Corporation, Portland, Oregon as circled on the follow-
ing tabulation:
R.T.E. Corporation, Portland (alZ4 ,
52 82Westinghouse Electric, San Francisco . 20
Westeck, San Mateo 16, 027 . 20
Bray Electric Supply, Ukiah 17, 540. 88
Graybar Electric, So. San Francisco 18, 550. 00
G. E. Supply Co, Emeryville 18, 758. 82
MINUTES OF THE MEETING OF THE CI'T'Y COUNCIL OF THE CITY OF UKIAH
FEBRUARY 16 , 1977 - PAGE 2
VARIANCE APPLICATION NO. 77-24 , DUANE R. . FOORD
Subject application is for a variance from the minimum lot size
on property zoned R-2 located at the northwest corner of N6rth
Oak and Snuffin Streets. City Manager reviewed Planning Commission
action and recommendation to deny the application. Subject parcel
consists of 8290 square feet. The intent of the proposal is to
split the lot into two lots of approximately 4700 and 3600 square
feet. The minimum lot size required in an R-2 zone for a corner
of is 700 square feet. .This variance is requested after the
applicant had placed a new dwelling on the existing parcel of
8390 square feet. In the R-2 zone, this action is legal as
both of the dwellings could be tied together by a carport or
other attachment device to make this a duplex. Planning Commission
determined that granting the variance would constitute granting
of a special privilege inconsistent with the limitations on
other properties in the vicinity and under identical zoning
classifications.
At the time Mayor Wood opened subject matter for comments from
the audience there was no one present to speak in favor or in
Opposition to subject application.
Councilman Brannon made a motion, seconded by Councilman Feibusch
to grant Variance Application No. 77-24 .
Councilman Feibusch stated the 8390 square foot lot makes it
permissable to have a four pl.ex; but with two substandard lots
he was undecided. Councilman Brannon stated that in looking at.
the two single family residences at the present time and looking
at the improvements, it appears to be in harmony with the
neighborhood. It would comply with requirements if the residences "
were attached at the eve of the houses . The proposal appears to
be a reasonable use of land. Mayor [Mood was concerned with the
overall precedent that would be set if the application were granted.
A lot split would result in two sub standard lots that nothing
could be done with. City Attorney pointed out that if the
existing buildings were torn down a single family residence
could not be built. Councilman Simpson stated it/ids understanding
the purpose of the ordinance is that this type building be under
one ownership rather than two.
Marvin Aultman, representing applicant, arrived at this point in
the meeting and spoke to Council in favor of subject application.
He presented a map and a letter containing signatures of people
in the area stating what they would like to see done. He re-
viewed the history of the request which had been to the Planning
Commission prior to this time. In his opinion, to 'develop a
duplex on subject property would not conform .to the area. He
also stated that 70% of the area is on substandard lots .
Councilman Brannon referred to the map presented by Mr. Aultman
and stated there are 28 lots in the area which, according to
law, could not have improvements placed on them. Councilman
Simpson stated he was concerned with lack of housing in the area
and also concerned with the fact that one of the existing resi-
dences could not be rebuilt, if destroyed. The City Attorney
pointed out that if a use ceases for six months, that use cannot
be started again.
The following roll call vote resulted in denial of Variance
Application No. 77-24 :
AYES: Councilmen Feibusch and Brannon
NOES : Councilman Simpson and Mayor Wood
VARIANCE APPLICATION NO. 77-19 MERLE P. ORCHARD
APPROVAL OF RESOLUTION NO. 77-67
Subject application is a request for a variance from the minimum
lot size of a parcel zoned R-3 located at 415 vi. Perkins Street.
R-3 zoning requires a minimum building site of 7000 square feet.
Planning Commi:i,;i.on rocommended granting the variance.
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MINUTES OF TIIE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH
FEBRUARY 16 , 1977 - PAGE 3
Subject parcel has been a long standing 6000 square foot lot
with a single family detached house located on it. The
existing structure will not be utilized for a greater intensity
use. The Planning Commission also placed a condition on the
granting that the lot size is appropriate only while such
professional uses continues.
Merle Orchard was present in the audience and spoke in favor
of subject application. No, one spoke against the granting.
Mr. Orchard asked that the wording of the conditions be expanded.
Council agreed to the following wording for the conditions placed
on the proposed resolution:
1) Standard conditions 1 thru 9 where applicable.
2) Existing structure will not be altered on the exterior
so as to change the basic architecture or residential
nature of the building without Planning Commission approval,
nor the basic site utilized for a greater intensity use.
3) Variance shall be null anf void if use as professional
office ceases .
On a motion by Councilman Feibusch, seconded by Councilman Brannon
it was carried by the following roll call vote to approve Variance
No. 77-19 by Merle P. Orchard with the adoption of Resolution No.
77-67.
AYES : Councilmen Feibusch, Brannon, Simpson, Mayor Wood
NOES: None
ABSENT: None
VARIANCE APPLICATION NO. 77-27 ROBERT L. ZOOK
RESOLUTION NO. 77-68
Subject application is for a variance from the minimum lot size
on a single parcel, zoned C-2 , located at 173 Perry Street.
Planning Commission recommendation is to grant the variance.
Subject parcel is a long standing parcel of 6300 square feet.
Minimum lot size in the C-2 zone requires 7000 square feet.
The area is within a commercial zone surrounded by vacant and
commercial parcels with minor residential uses adjacent. The
anticipated development can be accommodated within the building
site requirements of the C-2 zone.
There was no one present in the audience who spoke in favor or
in opposition to the granting of the application.
On a motion by Councilman Brannon, seconded b-v Councilman Simpson
it was carried by the following roll call vote to approve
Variance No. 77-27 by Robert L. Zook with the adoption of
Resolution No. 77-68.
AYES : Councilmen Feibusch, Brannon, Simpson, Mayor Wood
NOES: None
ABSENT: None
WRITTEN COMMUNICATION - BLIND DISABLED ACTION CENTER, INC.
-L Request withdrawn. Received funding from County
WRITTEN COMMUNICATION - JACK COX & ASSOCIATES
Subject correspondence is a request for Council assistance in
clearing the way for development of a 4 1/2 acre parcel located
immediately behind the Yokayo Shopping Center complex. The
problem lies in the access road, Porzzio Lane, which will permit
the development. There has been a problem with the development
of Porzzio Lane over the years.
The Council adopted a plan 11-17--76 for the extension of Main Street
to East Gobbi. Mr. Cox stated that Council at this time inti-
mated that further extensions southward to Talmage Road would be
:2-3 8
MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAIi
FEBRUARY 16, 1977 -- PAGE 4
desirable in order to create an alternate north-south throu-
fare as called for in the General Plan. Mr. Cox request is
for a specific plan for the alignment of Main Street.
Mayor Wood indicated such a proposal would take a budget amend-
ment. City Manager stated such a proposal may be approved with
325 funds. The estimated cost is approximately $2500.
Mayor Wood made a motion, seconded by Councilman Simpson to
retain an engineering firm and authorize a study within the cost
estimate for this proposal.
Councilman Feibusch stated he did not see how an EIR could be
the answer to the problem. In his opinion a traffic study is
needed to work out to the satisfaction of the City as well as
Mr. Cox. Also, he stated he felt it was not entirely the
City ' s obligation to make a study; a portion of the obligation
would be Mr. Cox ' . Once the alignment of streets has been
made, then go ahead with the EIR.
Councilman Simpson, who has served on committees for the alloca-
tion os 325 funds, was of the opinion the city could be eligible
for funds next year.
Councilman Brannon referred to the preliminary proposal and asked
if Council could review it and determine if the City has to go
into a full study.
Councilman Simpson was of the opinion that an EIR is needed
immediately due to the difficulty experienced in that area.
The motion carried by the following roll call vote:
AYES : Councilmen Feibusch, Simpson, Mayor Wood
NOES: Councilman Brannon
ABSENT: None
WRITTEN COMMUNICATION-BOBBY KENNEDY & TOM CLELAND
RE NATIONAL FLOOD INSURANCE PROGRAM
Both Mr. Kennedy and Mr. Cleland spoke on subject matter. In the
opinion of each,the flood plain includes areas where no danger
of flooding exists and requested repeal of the flood plain map.
The opinion expressed was that the map is inaccurate. * Mr. Kennedy
stated that in the development of his Oak Manor Subdivision,
FHA approved and accepted said subdivision indicating it met
their flood plain criteria and took it out of said area. Mr . Cleland
stated he has talked with the City Engineer on subject matter who
agreed it appeared the area to be larger than it should be. The
HUD field insurance office encouraged Mr. Cleland to appeal the
decision. Mr. Cleland was of the opinion that a statement should
be made by the City Engineer stating where he thought the line
should be drawn. '
The City Attorney stated there is a burden the City would have to
meet. The City would have to prove the map is incorrect. To do so
would require a massive study to establish a position.
Councilman Simpson made a motion, seconded by Mayor Wood, to request
HUD to review the area designated as the flood plain in Ukiah.
Council determined the in house cost should be investigated.
The motion carried unanimously.
PUC ORDER RE SWIMMING POOL HEAT
On a motion by Councilman Simpson, seconded by Councilman Feibusch
it was unanimously carried to advance Item No. 13 on the Agenda,
"Consideration of PUC Order Regarding Swimming Pool Heat" to be
heard at this time.
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MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH
FEBRUARY 16 , 1977 - PAGE 5
City Manager reviewed PUC order regarding subject matter. An
Interim Emergency Order to prohibit, conserve, and curtail the
use of natural gas was issued February 1, 1977 . This was in
order to make available more gas to transfer to the eastern
United States . The cold weather emergency in the East has
caused an extraordinary demand for natural gas to meet basic
human needs . One of the major problems is gas for swimming
pool heaters and the Commission ordered that natural' gas shall
not be used for the purpose of swimming pool heating unless
such heating is required for medical purposes. Based on subject
order, the gas at the Municipal Pool has been turned off. After
the PUC was subjected to a great deal of pressure, a directive
was issued allowing the local jurisdiction to use its judgment.
The matter is now up to Council to make the decision.
Parents and members of the Dolphin organization, a representative
from the Senior Citizens , High School and Adult Education requested
Council allow the pool to be heated again. The following persons
spoke on subject matter:
Ruth Schaffer, President of Dolphins
Charlie Myers , High School
L. Panppaja, Ukiah Adult Education
Joseph Crowell, 204 Park Court, Senior Citizens
Walter Mueller, 1317 W. Clay
Billie Smith, 275 Mendocino Place
Mary Sutton
F
It was explained that the high school would not be in competition
in the North Bay League if the swimming pool heat is stopped. It
was pointed out that swimming activity is open to the broadest
age range of any sport - from 6 to 67 . The Senior Citizens are
of the opinion that the heated pool has a theraputic benefit.
The Dolphin ' s members expressed the fact that it is a family
endeavor, fills a need by giving the- students something to do,
creates jobs . Santa Rosa had been contacted but have not had a
problem yet. Petaluma is facing a problem but the heat has not
been turned off in their pool . Mayor Wood pointed out that no
one had addressed the problem of what to do next. Gas is going
to be exhausted. What will be done then. It was pointed out that
solar energy has been investigated. Santa Clara is active in solar
heating. Use of a tarp to keep the heat in and not showering after
swimming were mentioned as ways to conserve water and heat. The
desired temperature of the pool is 801 . The lowest temperature
should be 78° .
Kay Davidson, 703 North Oak, stated she had been involved in the
conservation of water in southern California and had recently
moved to the area. While she did not recommend that the public
pool be drained, she did suggest that those who have private pools
organize themselves so that some of the pools could be drained.
Councilman Brannon made a motion, seconded by Councilman Simpson
to modify the regulations concerning the use of natural gas
authorizing heating the Municipal Swimming Pool to 781 on the
condition that the pool remain covered when not in use. Subject
a.n.. decision shall be reviewed from time to time.
Councilman Simpson pointed out the importance of the use of a tarp
and not using the showers . He also requested that a project be
started to instigate the use of a solar energy system for the
pool.
Mayor Wood amended Councilman Brannon' s motion not to exceed 90
days. Councilman Brannon seconded the motion.
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MINUTES OF THE MELTING OF THE CITY COUNCIL OF THE CITY OF UKIAH
FEBRUARY 16 , 1977 - PAGE 6
Councilman Feibusch stated that he built the pool and has an
interest in it. However, his question is do we have an energy
crisis or not. Which is most important.
The motion by Councilman Brannon as amended by Mayor Wood carried
by the following roll call vote:
AYES : Councilmen Brannon, Simpson,- Mayor Wood
NOES : Councilman Feibusch
ABSENT: None
ADOPTION OF ORDINANCE NO. 691
ESTABLISHING PROCEDURES IN EVENT
OF A WATER SHORTAGE EMERGENCY
City Manager reported this ordinance is based on the ordinance
approved by the seven contracting cities and water districts in
Sonoma County, but has been modified to meet our purpose.
On a motion by Mayor Wood, seconded by Councilman Simpson it was
unanimously carried to introduce Ordinance No. 691 by title only
and waive the reading of same.
Mayor Wood made a motion, seconded by Councilman Simpson to adopt
Ordinance No. 691, "An Ordinance Of The City Of Ukiah Establishing
Procedures In The Event Of A Water Shortage Emergency, Pro-
hibiting Nonessential Uses Of Water, Allocating Available Water
x Resources , And Providing Penalties For Violations Thereof By Adding
Article 11 To Division 4 Of The Ukiah City Code" .
Council discussed recycled water. It was pointed out that the
water used in the house is recycled; the water used in the yard �-
is not recycled. Mayor Wood referred to the indiscriminate use
of water last summer by Sonoma County and stated that before
Council adopts an ordinance he would- like to hear what Sonoma
County is going to do about the use of water for tourists this year.
Councilman Feibusch asked if we curtail the supply what happens
to our rates . It was pointed out that the use will be less and
the rates more. City Manager stated that by June 15th Lake
Mendocino and the Russian River will be dry if we continue to
use water as we have in the past. Councilman Simpson suggested
that we communicate with the Board of Supervisors and ask for
cooperation. He asked if there are other sources of water, i .e.
new wells . Councilman Simpson was of the opinion that instead
of raising the rates for use of less water to ask for subsidy
from the State on the basis of this being a disaster area.
Councilman Feibusch was of the opinion that it would be much
better to get into the conservation of water on a voluntary
basis before restrictions are used as set forth in the ordinance.
Mayor Wood concurred.
Mayor Wood made a motion, seconded by Councilman Simpson to amend
the original motion by making the following changes in the ordinance:
1) Page 2, Line 26 - . . .other than fire protection and/or prevention.
2) Page 3, Line 27 - Multi-Residential Units - 45 gallons per
permanent resident (180 cu. ft./mo. )
3) Page 3, Line 12 - . . . by hosing or otherwise
4) Page 6, Line 2 - . . . by the Department with appropriate notice
whenever the Director determines there has been a willful failu1.("__A.
Kay Davidson, 703 North Oak, stated there is a need for a public
relations water use campaign. She suggested that one way to raise
awareness is to advise people to cut back shr :bbery so less water
is needed to keep shrubbery alive.
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MINUTES OF THE MEETING OF THE CITY COUNCIL OF TIIE CITY OF UKIAH
FEBRUARY 16 , 1977 - PAGE 7
Ordinance No. 691 was adopted by the following roll call vote:
AYES : Councilmen Feibusch, Brannon, Simpson, Mayor Wood
NOES: None
ABSENT: None
RESOLUTION NO. 77-69 ADOPTED
DECLARING STAGE I WATER EMERGENCY
On a motion by Councilman Brannon, seconded by Councilman Feibusch
it-was carried by the following roll call vote to adopt Resolution
No. 77-69, "Resolution Of The City Council Of The City Of Ukiah
Declaring A Stage I Water Emergency" .
AYES: Councilmen Feibusch, Brannon, Simpson, Mayor Wood
NOES : None
ABSENT: None
AGENDA ITEM NO. 11 MOVED TO EXECUTIVE SESSION
On a motion by Mayor Wood, seconded by Councilman Feibusch it was
unanimously carried to move the discussion of an
option extension to an agreement with Jim Cagle to the Executive
Session.
POSITION CLASSIFICATION STUDY FOR
NON-CLERICAL POSITIONS
RALPH ANDERSEN AND ASSOCIATES
Subject study is in accordance with the Memorandum of Understanding
with Operating Engineers . Proposals were solicited from three
firms,. Responses were received from Ralph Andersen and Associates
and Zilpha Fuller who was previously employed by Griffenhagen Kroger .
Ralph Andersen proposal was in the amount of $6440; the proposal
from Zilpha Fuller was in the amount of $390=0`. - The Business Acrent
from Operating Engineers indicated a- preference for Andersen and
Associates . City Manager concurred. The recommendation is based
on the high professional quality of the work of Andersen and Asso-
ciates and the tendency to spend more time and effort in educating
the employees as to the purpose of the pay and classification study.
Councilman Simpson made a motion, seconded by Councilman Brannon
to accept the proposal from Ralph Andersen and Associates in the
total amount of $6440 as recommended.
Councilman Feibusch asked if the employees had been consulted on
the recommendation made by the Union and staff. City Manager
stated he did not know whether or not the Union consulted the
employees. Councilman Feibusch asked what is the Union representation
City Manager stated a major portion of the employees are Union
members.
Councilman Simpson"s motion carried unanimously.
COUNCILMAN FEIBUSCH
Water Reclamation Committee - Sewer Plant
.. � Councilman Feibusch referred to the Mayor' s appointment of Council-
man Simpson and himself to a committee to study the reclamation
of water from the Sewage Treatment Plant. He had talked with Messrs .
Ted Ericksen, Jr. , 345 North Spring ; Tim Holliday, P. 0. Box 2066
Talmage; and William T. Johnson, 1251 Road M, Redwood Valley re-
garding appointment to the committee, and requested Mayor Wood
make the appointment. Mayor Wood made the appointments to the
committee as requested.
Proposed Despina Drive Extension
Councilman Feibusch reported receipt of a copy of a letter from the
County Public Works Department indicating the County is the lid
agency for the project to extend Despina Drive and requested comments .
Said comments must be in writing and received prior to February 22nd.
Councilman Feibusch asked if someone will be present to discuss
the traffic problem and get the County to participate in alleviating
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MINUTES OF THE MEETING OF THE CITY COUNCIL, OF THE CI'T'Y OF UKIAH
FEBRUARY 16 , 1977 - PAGE 8
the problem by the break through of Despina Drive.
Electric Rates
Councilman Feibusch asked what has happened to the proposed life
line rates . City Manager explained the proposed rates have to
be publicly advertised. The public hearing is scheduled for the
March 2nd Council meeting.
COUNCILMAN BRANNON
Review of Gibson Creek Drainage
Councilman Brannon asked for a general review of Gibson Creek
drainage running to the Russian River and the drainage problem
in the Kennedy Homes Subdivision. City Manager stated there will
be a report for action at the March 2nd meeting.
In-line filter system
Councilman Brannon was of the opinion that a meeting with the
water districts had merit. The purpose of which is to consider
a joint powers agreement on the- in-line filter system.
MAYOR WOOD
Motorcycles on Highland
Mayor Wood referred to the problem the motorcycles are creating
behind Highland Court and asked the City Attorney what could be
done to alleviate the problem.
Invitation to National League of Cities
On a motion by Councilman Brannon, seconded by Councilman Simpson
it was unanimously carried to place on this agenda, the con-
sideration of the invitation to the National League of Cities
meeting in Washington, D.C. March 6-8 . The request for attendance
is from Congressman Clausen.
On a motion by Mayor 'Wood, seconded by Councilman Brannon it wa
unanimously carried to authorize attendance at the National League
of Cities meeting to confer with Congressman Clausen.
ADJOURNMENT
Mayor Wood adjourned the meeting at 11 : 10 p.m. after which Council
reconvened in Executive Session.
s/Barry Wood
ATTEST: Mayor
s/Hattie M. Tillotson
City Clerk