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HomeMy WebLinkAboutmin 1976-05-19 100 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH MAY 19, 1976 - PAGE 1 The City Council convened in regular session at 8 : 02 p.m. with Councilmen Feibusch, Brannon, Simpson, Councilwoman Pearson, and Mayor Wood present. INVOCATION & PLEDGE OF ALLEGIANCE Mayor Wood gave the invocation and Councilwoman Pearson led in the Pledge of Allegiance. PAYROLL WARRANTS On a motion by Councilwoman Pearson, seconded by Councilman Feibusch it was carried by the following roll call vote to approve Payroll Warrants #6361 to #6528 inclusive in the amount of $73, 905. 80 for the period of April 18, 1976 to May 1, 1976 , inclusive. AYES : Councilmen Feibusch, Brannon, Simpson, Councilwoman Pearson, Mayor Wood NOES: None ABSENT: None GENERAL WARRANTS On a motion by Councilman Feibusch, seconded by Councilman Simpson it was carried by the following roll call vote to approve General Warrants #3580 to #3683 inclusive in the total amount of $218 , 026 . 27 . AYES: Councilmen Feibusch, Brannon, Simpson, Councilwoman Pearson, Mayor Wood NOES: None ABSENT: None Under the question, Councilman Feibusch stated when he was in the City Clerk' s office recently, he was presented with a badge. In his opinion a simple identification card would have been sufficient. He pointed out that the total expenditure for badges for two new Councilmen amounted to $71. 93 which he felt was a waste of money. He requested that in the future a simple ID card be furnished. The City Manager asked for Council direction. Mayor Wood suggested that the matter be considered at the next election. Councilman Feibusch stated he noted frequent purchase of small amounts of ready mix; that the City is paying a high premium for these small amounts; and requested that, if possible, to consolidate loads to meet lower unit price. City Engineer stated most of the small orders are for pipe line work. Normally it is not desirable to leave the trench open. The decision is whether to hand mix or hold it open. PUBLIC HEARING - TENTATIVE MAP OAK MANOR SUBD. NO. 4 City Manager reviewed Planning Commission report which recommended approval of subject map stipulating six conditions for its approval . All conditions but No. 5 have been met. Condition No. 5 stated, "that drainage shall not be directed to Gibson Creek unless no other alternative is available and developer shall work with City staff and effected property owners to find a satisfactory route for drainage other than Gibson Creek" . City Manager recommended Council withhold approval of the tentative map until a specific satisfactory proposal can be worked out for handling drainage from this subdivision. City .._ Manager stated if Council desires to approve the tentative map, he would suggest that Condition No. 5 be modified to condition the approval of the tentative map on the specific written approval of the alternate drainage plan by the City Engineer and the City Manager. If the developer were dissatisfied with the staff decision, he could appeal same to the City Council for amendment of the conditions . Public hearing was opened at 8: 11 p.m. Bob Kennedy, the Subdivider, spoke in favor of the proposal. Mr. Kennedy cited instances in which he had cooperated with city staff in the development of other subdivisions in the Oak Manor area. He stated the only water their entire development has put into Gibson Creek is Unit NO. 3 and in this development a storm drain was constructed to accommodate the water. In his opinion, his development is not the MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH MAY 19, 1976 - PAGE 2 only one creating the problem. As Ukiah has developed, everyone has used Gibson Creek. Now his company has an 8 acre parcel to develop with no alternative but to go to Gibson Creek and the company becomes stalmated. From all the avenues explored, the proposal as presented is the only alternative. Howard Bashford stated his firm had prepared the tentative map. He stated there is no easy solution to the drainage problem in this area and reviewed the alternatives available. Mr. Bashford stated the major engineering efforts will go into the project after the tentative map is approved. Jim Barrett, Planning Consultant for Post, Bashford Company, stated other conditions for approval of the map have been met and he would be glad to answer any questions of Council concerning the General Plan and zoning. No one spoke in opposition to the proposal . The City Engineer explained this parcel would put all drainage on Oak Manor Drive which already has a large amount of drainage from previously developed property. He reviewed the map of subject area and stated there is no easy way to comply to have no water go to Gibson Creek. It would cost $90, 000 to put such a pipe line in. Oak Manor Drive cannot accommodate much more water. The City Engineer also stated he was not certain all possibilities have been explored; that additional study has to go into what other possibili- ties might be considered. When questioned by Mayor Wood, the City Engineer stated the only solution is a pipe part way straight to the river and an open ditch the remainder of the way. He also stated the valley gutters proposed by Mr. Kennedy would assist, but would not offset the full contribution of this subdivision. Public hearing was declared closed at 8 : 30 p.m. Councilman Feibusch asked the capacity of the drainage channel and if it could be enlarged. City Engineer stated this was not a practical solution. Councilwoman Pearson made a motion, seconded by Councilman Simpson to approve the tentative map of Oak Manor Unit No. 4 with the specific written approval of the alternate drainage plan by the City Engineer and the City Manager. Under the question, Councilman Feibusch expressed concern with the 10 ' pedestrian easement from the cul de sac to Perkins Street. He stated that after the property owners on two specific lots built fences around their property for privacy, a tunnel would be created and this would result in a safety hazard. City Manager stated that staff has agreed that subject easement would be eliminated. Council action is set forth in the following resolution. RESOLUTION NO. 76-54 APPROVING TENTATIVE MAP FOR OAK MANOR SUBDIVISION UNIT NO. 4 Councilwoman Pearson amended her original motion to accept the map as stated after public hearing on subject matter, without the designa- tion of the 10 foot pedestrian easement. Said easement to remain a public utility easement. Councilman Brannon seconded the motion. Motion carried by the following roll call vote: AYES : Councilman Feibusch, Brannon, Simpson, Councilwoman Pearson, Mayor Wood NOES: None ABSENT: None SET PUBLIC HEARING DATE FOR PROPOSED GENERAL PLAN TEXT REVISION TO ALLOW HIGHER DENSITY DEVELOPMENT IN SINGLE FAMILY AREAS (ZONE CHANGE APPLICATION NO. 76-46) On a motion by Councilman Feibusch, seconded by Councilwoman Pearson it was unanimously carried t4.-- set June 2, 1976 as public hearing date to consider subject matter. MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH MAY 19, 1976 - PAGE 3 SET PUBLIC HEARING DATE FOR REQUEST OF DENNY & GIANOLI CONSTRUCTION FOR GENERAL PLAN MAP AMENDMENT, S.W. CORNER BABCOCK LANE AND EAST GOBBI STREET On a motion by Councilwoman Pearson, seconded by Councilman Brannon it was unanimously carried to set June 2 , 1976, as public hearing date to consider subject matter. SET PUBLIC HEARING DATE FOR REQUEST OF DENNY & GIANOLI CONSTRUCTION FOR PREZONING FROM A-1 TO C-2 PARCEL AT S .W. CORNER BABCOCK LANE AND EAST GOBBI STREET On a motion by Councilwoman Pearson, seconded by Councilman Brannon T- it was unanimously carried to set June 2 , 1976, as public hearing date to consider subject matter. AIRPORT COMMISSION RECOMMENDATION City Manager reviewed Airport Commission minutes dated April 14, 1976, requesting Council consideration for establishing non city owned hangars at the Municipal Airport. Council discussed its action taken at a prior time which determined that any hangars constructed at the airport were to be city owned. In the event this proposal were granted it was pointed out it would be in direct competition with the city. Councilwoman Pearson made a motion to return the matter to the Airport Commission with the recommendation that the commission take a second look at the proposal. Motion died for lack of a second. Councilman Brannon stated there may be some logical reason to proceed if more figures were available. Councilman Simpson pointed out that the city would have control of where the hangars would be constructed and the rental rate. On a motion by Mayor Wood, seconded by Councilman Feibusch it was unanimously carried to return subject proposal to the Airport Commission with the request that the proposal be resubmitted to Council with specifics as to cost comparison. WRITTEN COMMUNICATION - PARKS & RECREATION On a motion by Councilman Simpson, seconded by Councilman Feibusch it was unanimously carried to place subject matter at the end of the agenda. ORDINANCE NO. 683 ADOPTED (ZONE CHANGE APPLICATION NO. 76-44, GALE YOUNG) On a motion by Councilman Simpson, seconded by Councilman Feibusch it was unanimously carried to adopt Ordinance No. 683 by title and waive the reading of same. On a motion by Councilwoman Pearson, seconded by Councilman Feibusch it was carried by the following roll call vote to adopt Ordinance No. 683 by title only, "An 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-2 Zone To R-3 Zone (Zone Change Application No. 76-44, Gale Young) " . AYES: Councilman Feibusch, Brannon, Simpson, Councilwoman Pearson, Mayor Wood NOES: None ABSENT: None . . 2 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH MAY 19, 1976 - PAGE 4 ADOPTION OF ORDINANCE NO. 684 (ZONE CHANGE APPLICATION NO. 76-38, KENNEDY HOMES) On a motion by Councilman Simpson, seconded by Councilman Feibusch it was unanimously carried to adopt Ordinance No. 684 by title and waive the reading of same. On a motion by Councilwoman Pearson, seconded by Councilman Feibusch it was carried by the following roll call vote to adopt Ordinance No. 684 by title only, "An 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 C-1 Zone to R-2 Zone (Zone Change Application No. 76-38, Kennedy Homes) " . AYES: Councilmen Feibusch, Brannon, Simpson, Councilwoman Pearson, Mayor Wood NOES: None ABSENT: None ADOPTION OF ORDINANCE NO. 685 (SIGN REGULATIONS) On a motion by Councilman Feibusch, seconded by Councilwoman Pearson it was unanimously carried to adopt Ordinance No. 685 by title and waive the reading of same. On a motion by Councilwoman Pearson, seconded by Councilman Feibusch it was carried by the following roll call vote to adopt Ordinance No. 685 by title only, "Ordinance Of The City Council Of The City Of Ukiah Repealing Existing Chapter 7 Of Division 3 Of The Ukiah City Code And Adopting New Chapter 7, Division 3 (Sign Regulations) " . AYES : Councilmen Feibusch, Brannon, Simpson, Councilwoman Pearson, Mayor Wood NOES: None ABSENT: None ADOPTION OF ORDINANCE NO. 686 (PARKING ADVISORY COMMISSION) On a motion by Councilwoman Pearson, seconded by Councilman Brannon it was unanimously carried to adopt Ordinance No. 686 by title and waive the reading of same. On a motion by Councilwoman Pearson, seconded by Councilman Simpson it was carried by the following roll call vote to adopt Ordinance No. 686 by title only, "An Ordinance Of The City Council Of The Ctiy Of Ukiah Adding Article 4a To Division 1, Chapter 4 Of The Ukiah City Code (Parking Advisory Commission) " . AYES : Councilmen Feibusch, Brannon, Simpson, Councilwoman Pearson, Mayor Wood NOES : None ABSENT: None RESOLUTION NO. 76-55 HONORING ARNOLD P. BOOK ON RETIREMENT On a motion by Councilman Simpson, seconded by Councilwoman Pearson it was carried by the following roll call vote to adopt Resolution No. 76-55 and the Mayor and Clerk be authorized to sign same, Resolution Of The City Council Of The City Of Ukiah Honoring Arnold P. Book Upon His Retirement" . AYES: Councilmen Feibusch, Brannon, Simpson, Councilwoman Pearson, Mayor Wood NOES: None ABSENT: None RESOLUTION NO. 76-56 CONCURRING IN COUNTY SOLID WASTE MANAGEMENT PLAN Councilman .Simp,son-�made a iaotion; seconddd '.byr.Councilvjoman-Pearson '.to adopt sub-ject,>re5plution. Subject plan provides for two landfill sites. Ukiah will get the refuse from the inland areas in the county. The most feasible method 113 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH MAY 19, 1976 - PAGE 5 of operation is cut and fill which is the type operation used by the City. It was pointed out the City has one of the few sites that meet the requirements that could accommodate the solid waste problem. Councilman Feibusch pointed out that the plan made no allowance for cost of construction of roads, bridges, culverts. The road will be traveled a great deal more than at the present time and some agreement v _ should be worked out with the county in this regard. possible Mayor Wood referred to/use of the site by Santa Rosa at some future date. City Manager stated the city site has a potential energy value but at the present time our site is too small for this purpose, but Santa Rosa could help achieve this purpose. Resolution No. 76-56 was adopted by the following roll call vote: AYES: Councilmen Feibusch, Brannon, Simpson, Councilwoman Pearson, Mayor Wood NOES: None ABSENT: None RESOLUTION NO. 76-57 AUTHORIZING EXECUTION OF JPA ESTABLISHING REDWOOD EMPIRE WORKER' S COMPENSATION FUND City Manager reported the study with a feasibility of establishing a self insurance program for workers compensation with several cities located in Sonoma County has been completed. Implementation of the program would be by adoption of a Joint Powers Agreement. Council would also need to make appointment to the Board of Directors of the fund. Councilwoman Pearson made a motion, seconded by Councilman Simpson -to adopt subject resolution.'1 The intent is to build the fund over a period of time and have sub- stantial interest income. It was pointed out that a strict safety program be instituted if the fund is established. City Manager reported the state has advised there will be a 100% surcharge on increased rates . City of Ukiah' s share would be 34% or $111, 000 . Mr. Neary, State Comp representative was present in the audience and stated the Ukiah account has been reviewed and considering the city' s six year loss trend there will be a substantial surcharge for the city to pay just as the City Manager had indicated. He stated that it was not in their best interest to keep the city as an account and that State Comp did not mind losing the City. Resolution No. 76-57 was adopted by the following roll call vote: AYES: Councilmen Feibusch, Brannon, Simpson, Councilwoman Pearson, Mayor Wood NOES: None ABSENT: None On a motion by Councilwoman Pearson, seconded by Councilman Simpson it was unanimously carried to appoint Councilman Brannon as the member to the Workers Compensation Fund. CLAIM FOR DAMAGES DENIED - JANIS LYNN FRANK On a motion by Councilman Feibusch, seconded by Councilman Brannon it was unanimously carried to deny subject claim and refer same to the insurance carrier. DISCUSSION OF SOCIAL ELEMENT On a motion by Councilman Simpson, seconded by Councilman Feibusch it was unanimously carried to move subject discussion to end of agenda. 114 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH MAY 19, 1976 - PAGE 6 REVIEW OF MTA PROPOSAL FOR ESTABLISHMENT OF DIAL A RIDE BUS SYSTEM City Manager reported this service has been proposed to be funded by SB 325 funds. If the proposed program is satisfactory to Council, the contract documents will be placed in final form and implementation of the proposal will begin. Mr. Moshofsky, from the County, was present in the audience and stated that the proposal has been approved in concept by M.T.A. Councilman Brannon pointed out that in his opinion the proposal is a losing proposition, will not carry itself, and he cannot get excited about it. Mayor Wood stated that the City is mandated to experiment with gas tax monies. SB 325 mandates that monies must be put into transportation. There is a need, and to carry out the proposal re- quires no outright cost to the city. Councilman Feibusch stated it appears Council has no choice in this matter. City Manager pointed out one of the problems is that the money runs out in five years. There will be 50% funding after the five years. On a motion by Councilman Simpson, seconded by Councilwoman Pearson it was unanimously carried to approve the establishment of a dial a ride bus system in concept as proposed by the Mendocino Transit Authority. REPORT OF AD HOC COMMITTEE ON REDEVELOPMENT City Manager reported the ad hoc committee met on May 12th as requested by the Council. All members of the committee were present. After discussion it was the consensus of the committee that the project area committee should be dismissed, with thanks, for its services, that consideration of utilization of tax increment financing for downtown revitalization be suspended, that the City Council adopt the ordinance establishing the parking commission and request that commission to take as its first priority, the development of adequate parking in the downtown area. Councilman Simpson made a motion, seconded by Councilman Feibusch to accept the ad hoc committee report. Mayor Wood took the position that the report not be adopted. He pointed out areas of weakness in the redevelopment plan but in his opinion some workable alternatives developed in the process . Council- woman Pearson was of the opinion that to delay the redevelopment process was a mistake. It was pointed out that it was not the intent to dissolve the Agency -- only the Project Area Committee. Parking was considered to be the biggest problem at the present time. Mayor Wood stated in his opinion such action cuts off the arms of the Agency to get rid of the Project Area Committee. The following roll call vote results in acceptance of the ad hoc committee report on Redevelopment: AYES : Councilmen Feibusch, Brannon, Simpson NOES: Councilwoman Pearson and Mayor Wood ORAL REPORT ON LITIGATION City Manager reported the Department of Justice concluded there was justification to bring suit against PG&E in violation of anti trust laws. PG&E signed a settlement indicating a willingness to cooperate with the city in the wheeling of power in order to make generation capabilities feasible. This is a substantial victory for NCPA. MAYOR WOOD DECLARED A RECESS AT THIS TIME - 10 : 20 p.m. t14a MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH MAY 19, 1976 - PAGE 7 ANNUAL AUDIT - JOHN R. MCKEAN Proposals have been solicited for the annual audit for a three year period. Only one was received. On a motion by Councilman Simpson, seconded by Councilwoman Pearson it was unanimously carried to award the bid for the annual audit for three years beginning with the fiscal year ending June 30 , 1976 to John R. McKean, Accountants, 135 West Gobbi Street, Suite 204 . CALL FOR BIDS FOR GOLF CART STORAGE SHEDS On a motion by Councilman Feibusch, seconded by Councilmaan Simpson it was unanimously carried to authorize the Clerk to call for bids for construction of addition to golf cart storage building at golf course, bids to be received prior to 2 : 00 p.m. June 8, 1976 . ADDITION TO AGENDA - JACK PEARSON IS COMMENDED On a motion by Councilman Simpson, seconded by Councilwoman Pearson it was unanimously carried to add an item to the agenda - Written Communication from Recreation & Parks Commission and Men ' s Golf Club. Both communications expressed appreciation for the work Jack Pearson has done on the remodeling of the Pro Shop at the Golf Coruse. He was commended and it was recommended that Mr. Pearson be presented with a lifetime membership to the Ukiah Municipal Golf Course. Mayor Wood stated Mr. Pearson' s contribution is outstanding and appreciated very much. On a motion by Councilman Simpson, seconded by Mayor Wood it was unanimously carried that Jack Pearson be presented with a lifetime membership to the Ukiah Municipal Golf Course. ADDITION TO AGENDA - CETA PROPOSALS On -.a motion by .Councilman Simpson., seconding 157 "r-ouncil.rrlan �Brai*n@:ft it was unanimously carried to add the discussion of CETA Proposals to the agenda. 115 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH MAY 19, 1976 - PAGE 8 FURTHER DISCUSSION OF UTILITY RATE AMENDMENT - COUNCILMAN BRANNON Councilman Brannon requested Council reconsider Resolution No . 76-52 amending utility rates which was adopted May 5, 1976 , by placing it on the agenda at a subsequent meeting. Mayor Wood stated such action was not appropriate. Councilman Brannon stated he would like to see the resolution rescinded or amended. City Attorney stated if there is some consideration regarding changing what was adopted two weeks ago, the same procedure would have to be followed as was followed at that meeting. On a motion by Councilman Feibusch, seconded by Councilwoman Pearson it was unanimously carried to have a work session on subject matter at this time to review the rate structure. Councilman Feibusch stated in his opinion, it was not proper to have the developer pay the total cost - this could stifle future growth. In his opinion the comments he made when subject matter was originally discussed was a fair compromise. Councilman Brannon stated he felt the rate amendment is unfair and not in keeping with the oepration of a business. He stated further that the city is asking for 1000 of the capital improvements costs which the city will sell at a later time. In his opinion, there must be a more equitable way to do it. Council should not discourage development in the city. Mayor Wood explained that this was prompted by the development of an area along Perkins Street which required a $400, 000 expenditure. This action will not retard residential growth. The intent is to see that .the large projects pay their .fair share. The City is going half way. Mayor Wood stated that if the Council pulls back on electrical rates, it should do the same for water and sewer. The City cannot operate as PG&E does . The taxpayers will pay. Councilman Brannon stated this to be an inappropriate analogy - profit making on one hand and health and safety on the other. Councilman Simpson stated he would like to see the developer pay full cost and reimburse 400 over a period of five years . His concern is to have money coming in to pay bills next year. Councilman Feibusch referred to Councilman Simpson' s proposal and suggested that a percent- age of gross consumption be given to the developer. City must retain a percentage for maintenance and depreciation reserve. To limit the amount paid back over a number of years would appear reasonable. Councilwoman Pearson stated cost figures should be made available so there are no misconceptions. Councilman Simpson stated the City Manager suggested a formula - could the same type be in effect to reimburse. City Manager stated he needed Council philosophy first. Councilman Brannon stated he is looking in terms of basic principles . He would not want to exercise coercive powers to impose charges . Mayor Wood stated he knows that when PG&E needs funds , it makes a request and the City pays . The City cannot say what it will make on the electric system. The City is at the mercy of PG&E. The City cannot go to the public to raise the money for the purchase of $400 , 000 worth of equipment. MANPOWER MEETING - CETA PROPOSALS City Manager attended subject meeting at which time it was announced that funding is available for 167 CETA positions . Agencies interested in making application for positions must have the requests in by May 28th. Approval of the specific positions requested will necessitate a meeting of the Council prior to May 28th. Council determined this meeting would adjourn to 12: 00 noon May 26, 1976 . 116 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH MAY 19, 1976 - PAGE 9 Councilman Feibusch stated he was of the opinion that work sessions are necessary for the Council. It was suggested that work sessions be scheduled prior to the time ordinances and resolutions--are drawn up and prior to public hearings. REVIEW OF SOCIAL ELEMENT - PAGES 9 - 17 City Manager stated subject meeting gives a summary of the goals . T He stated that if the document is to be used as a policy guide it should be more specific. Councilman Simpson stated he supported the document in principle. Councilman Brannon asked what is the real purpose of the Social Element. What is the Council attempting to accomplish? Mayor Wood stated a policy committment is needed. Mayor Wood stated that Pages 9 - 12 could be reconsidered at a later date. On a motion by Councilman Simpson, seconded by Councilwoman Pearson it was unanimously carried to adopt Pages 13 - 17 of the Social Element as to form. City Manager stated Pages 9 - 12 would be discussed at a later date. COUNCILMAN FEIBUSCH Councilman Feibusch asked for clarification of Council action on the Parking Advisory Commission. He stated the ordinance has been adopted but nothing was on the agenda as to the next step. Should Council entertain receipt of applications? On a motion by Councilman Feibusch, seconded by Councilman Simpson it was carried by a majority voice vote to instruct the City Manager to publicize that the Council is seeking applicants on the Parking Advisory Commission, applications to be received prior to the June 2nd Council meeting. Councilman Brannon stated in his opinion word of mouth is the best method for obtaining membership on the commission. COUNCILMAN SIMPSON Councilman Simpson reported he would be on vacation at the time of the next meeting of the Council. ADJOURNMENT At 11: 40 p.m. Mayor Wood adjourned the / meetin to noon, May 26th. a r ATTEST: City Clerk