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HomeMy WebLinkAboutmin 1976-04-07 88 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH APRIL 71 1976 - PAGE 1 The City Council convened in regular session at 8 : 01 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. APPROVAL OF MINUTES On a motion by Councilwoman Pearson, seconded by Councilman Simpson it was unanimously carried the Minutes of the regular meeting of March 3, 1976, be approved as submitted by the Clerk. On a motion by Councilwoman Pearson, seconded by Councilman Brannon it was unanimously carried the Minutes of the special meeting of March 9, 1976, be approved as submitted by the Clerk. Councilmen Simpson and Feibusch made corrections to the March 17, 1976, minutes. Said corrections are noted in the Official March 17 , 1976 Council Minutes. The General Warrant Register and supporting documents will be available to any member of the Council in the office of the City Manager Thursday afternoon prior to the Council meeting. On a motion by Councilman Simpson, seconded by Councilwoman Pearson it was unanimously carried to approve Minutes of the regular meeting of March 17, 1976, as corrected. PAYROLL WARRANTS On a motion by Councilwoman Pearson, seconded by Councilman Simpson it was carried by the following roll call vote to approve Payroll Warrants #5893 to #6049 inclusive in the amount of $74, 797 . 53 for the period of March 7, 1976 to March 20, 1976 be approved. AYES: Councilmen Brannon, Simpson, Councilwoman Pearson, Mayor Wood NOES: Councilman Feibusch ABSENT: None Councilman Feibusch stated he voted "no" on the payroll warrants be- cause he did not see the warrants prior to the meeting. GENERAL WARRANTS On a motion by Councilwoman Pearson, seconded by Councilman Simpson it was carried by the following roll call vote to approve General Warrants #3305 to #3406 inclusive in the total amount of $97 , 659. 87 AYES: Councilmen Feibusch, Brannon, Simpson, Councilwoman Pearson, Mayor Wood NOES: None ABSENT: None Councilman Feibusch inquired about the warrants for the postage machine, the warrant to Ace Aerial, the warrant for concrete, and why purchase order numbers appeared on only a few items on the Warrant Register. Questions were answered by staff. PUBLIC HEARING - ZONE CHANGE APPL. NO. 76-41 PROPERTY LOCATED EAST SIDE OF LESLIE Subject application is Planning Commission initiated rezoning from R-3, General Multiple Family District and R-2 , Multiple Family District, to C-1, Light Commercial District on property located on the east side of Leslie Street between 310 feet and 762 feet south of Peach Street. City Manager reviewed Planning Commission/i'68 n�nding approval of subject application. Mayor Wood declared the public hearing opened at 8: 25 p.m. The following persons spoke in favor of the proposal. The comments were concerning the Teen Center. 1. Wallace Behm, 117 Mendocino Place - no objections if the required business licenses are taken out. MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH APRIL 71 1976 - PAGE 2 2. Joe Foutz, Warren Drive, who stated he has a financial interest in a portion of subject area. 3 . Pat Chalmers, Teen Center Board of Directors , who explained the efforts made by the Teen Center to become self supporting. Mayor Wood asked questions concerning the Center ' s sources of income. There was no one present in the audience who spoke in opposition to subject request. Mayor Wood declared the public hearing closed at 8 :35 p.m. Council action is set forth in the next order of business INTRODUCTION OF ORDINANCE NO. 681 (ZONE CHANSE APPLICATION NO. 76-41) On a motion by Councilwoman Pearson, seconded by Councilman Brannon it was unanimously carried to introduce Ordinance No. 681 by title and waive the reading of same. On a motion by Councilman Simpson, seconded by Councilman Feibusch it was carried by the following roll call vote to introduce Ordinance No. 681 by title only, "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 and R-3 Zones , To C-1 Zone (Zone Change Application 76-41, Planning Commission) " . AYES: Councilmen Feibusch, Brannon, Simpson, Councilwoman Pearson, Mayor Wood NOES: None ABSENT: None Councilman Simpson stated that noise, lights, hours of operation had R. . not been spoken to. City Attorney stated this could be taken care of in the future. Mayor Wood indicated a concern with planning in the area if subject property changes hands . City Attorney read the allowed uses from the Ukiah Municipal Code. Councilman Simpson stated subject zone change will be more in harmony with the General Plan since the General Plan designates the area commercial. PUBLIC HEARING - SOCIAL ELEMENT On 11-6-74 the Council appro,,zed execution of an agreement with North Coast Opportunities for the preparation of a social element of the General Plan. The preparation processes included several presentations before the Council, citizen meetings and hearings before the Planning Commission. The result of those efforts is now before the Council for its consideration. The Planning Commission has recommended that the Council adopt the Social Element as presented with the plans of action sections deleted. City Manager stated that in his opinion Council should review each plan of action and delete those particular items which are not consistent with Council philosophy and retain or modify those policy statements Council believes expresses its philosophy on the issues raised. Mayor Wood declared the hearing open at 8 : 48 p.m. Kathy Monroe, NCO, was present in the audience and spoke in favor of y subject matter. She stated she had talked individually with the two new Councilmen concerning the background of the proposal. Ms . Monroe stated the original plan has been condensed and stressed the importance of the Plans of Action set forth in the current proposal. She indicated con- siderable time will be needed to review each plan so the Council can determine what it wants the Social Element to be. There was no one present in the audience who spoke in opposition to the Social Element. Mayor Wood declared the public hearing closed at 8 : 52 p.m. Councilman Feibusch made a motion that the Social Element matter be turned over to a special committee to go through the material and come back to Council with a recommendation. Motion died for lack of a second. Council discussed the manner in which it could review subject matter to obtain the best results . 90 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH APRIL 7, 1976 - PAGE 3 On a motion by Councilman Simpson, seconded by Councilman Feibusch it was unanimously carried to study the Social Element in logical segments as noticed on the agenda. PARKS AND RECREATION RECOMMENDATION REGARDING FOOD CONCESSIONS City Manager reported the current concession agreement has expired and the concessionaires are not interested in continuing. Community groups have indicated an interest in operating the concessions dur- ing their respective events to provide financial support for their activities. The Recreation and Parks Commission has recommended that formal concession agreement be abandoned and allow the Director of Recreation to make arrangements with the various sponsors to provide their own concessions with no charge by the City for the use of the concession facilities. City Manager concurred with subject recommendation, with a further recommendation that there be a formal application made in a form to be prescribed by the City Attorney, said form to include a release of any liability by the City. Dwayne Wright, from the Youth Baseball program and Gil Feidler, from the Lions Club stated their interest in operating the concession so the individual groups can benefit financially. Mayor Wood expressed concern with the proposal. The concern was to whom one would turn when something goes wrong and what to do in the event of competing groups. On a motion by Councilman Simpson, seconded by Councilman Brannon it was carried by a majority voice vote to approve the concept for operation of the concessions as recommended by the City Manager with the requirement that the concessionaire revenues be reported to Council on a regular basis. AIRPORT COMMISSION RECOMMENDATION TO ACCEPT CAL AIR PROPOSAL TO ESTABLISH AVIS RENT A CAR AGENCY AT AIRPORT Mr. Downs, representative from Cal Air was present in the audience and explained the one way drop fee proposed by Avis . It was reported that Mr. Underwood who also operates a rent a car agency at the airport does not offer the one way drop fee feature. Mr. Underwood was not present to speak on subject matter. On a motion by Mayor Wood, seconded by Councilman Pearson it was unanimously carried that the City Manager contact Avis, Underwood, and any other parties interested in subject agency for a proposal spelling out the services to be provided, said proposal to be presented at the April 21st Council meeting. ADOPTION OF ORDINANCE NO. 679 AMENDING R-3 ZONING REGULATIONS On a motion by Councilman Feibusch, seconded by Councilman Brannon it was unanimously carried to adopt Ordinance No. 679 by title and waive the reading of same. On a motion by Councilman Brannon, seconded by Councilman Simpson it was carried by the following roll call vote to adopt Ordinance No. 679 by title only, "Ordinance Of The City Council Of The City Of Ukiah Amending And Repealing Portions Of SEctions 9051 and 9052 Of The Ukiah City Code" . AYES : Councilmen Feibusch, Brannon, Simpson, Councilwoman Pearson. NOES : None ABSENT: Mayor Wood ADOPTION OF ORDINANCE NO. 680 (ZONE CHANGE APPLICATION NO. 76-30) On a motion by Councilman Simpson, seconded by Councilwoman Pearson 91 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH APRIL 7, 1976 - PAGE 4 it was unanimously carried to adopt Ordinance No. 680 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. 680 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 R-2 Zone To R-3 Zone (Zone Change Application No. 76-30; Planning Commission Initiated) " . AYES: Councilmen Feibusch, Brannon, Simpson, Councilwoman Pearson. NOES: None ABSENT: Mayor Wood INTRODUCTION OF REVISED SUBDIVISION ORDINANCE City Manager reported subject ordinance incorporates the best of the current ordinance, a model subdivision ordinance published by the League of California Cities and the requirements of state law. The major change is the inclusion of the requirements for dedication of park lands or the payment of fees in lieu thereof. On a motion by Councilman Simpson, seconded by Councilwoman Pearson it was carried by a majority voice vote to introduce the subdivision ordinance by title and waive the reading of same. City Attorney pointed out the new procedures adopted in Resolution No. 76-45 requires a unanimous vote when introducing an ordinance by title only. Since the motion above did not carry by a unanimous vote, the ordinance would be required to be read in full; therefore the previous motion, to allow introduction by title only, failed. w The question was raised as to why the Planning Commission was by-passed in the consideration of subject ordinance. It was explained that the Council must consider this ordinance in conjunction with the present one. Mayor Wood stated he would entertain a motion to introduce the ordinance so there would be something for Council to discuss. On a motion by Councilman Simpson, seconded by Councilman Brannon, it was unanimously carried to introduce the subdivision ordinance by title and waive the reading of same. On a motion by Councilman Simpson, seconded by Councilman Pearson it was carried by the following roll call vote to introduce the subdivision ordinance by title only. "Ordinance Of The City Council Of The City Of Ukiah Revising Chapter 1 Of Division 9 Of The Ukiah City Code (Subdivisions, And Establishing Park And Recreation Dedication And Fee Schedule" . AYES: Councilmen Feibusch, Brannon, Simpson, Councilwoman Pearson, Mayor Wood NOES: None ABSENT: None Council raised questions for clarification and suggested changes to various portions of the ordinance. Mayor Wood declared a 5 minute recess - 10: 18 p.m. Mayor Wood stated that since Council has determined subject ordinance will be amended, he would call the question on the motion to introduce the ordinance as originally proposed so it could be defeated. The following roll call vote resulted in defeat of the motion to introduce the subdivision ordinance as originally proposed. AYES: None NOES: Councilmen Feibusch, Brannon, Simpson, Councilwoman Pearson, Mayor Wood ABSENT: None MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH APRIL 7, 1976 - PAGE 5 Council determined that the subdivision ordinance be amended in the following areas: Section 8420 - change reference from Ukiah School .District to include any school district within the city limits. Section 8422 - Delete "original cost" and add "market value at the time of approval of final map" . Section 8422 (c) delete "interest costs" and add "imputed interest" . The meaning of imputed interest will be_ f'oo'tnoted in the ordinance. On a motion by Councilman Simpson, seconded by Councilwoman Pearson it was carried by the following roll call vote to introduce the amended subdivision ordinance by title only, "Ordinance Of The City Council Of The City Of Ukiah Revising Chapter 1 Of Division 9 Of The Ukiah City Code (Subdivisions) And Establishing Park And Recreation Dedication And Fee Schedule" . AYES: Councilmen Feibusch, Brannon, Simpson, Councilwoman Pearson, Mayor Wood NOES : None ABSENT: None RESOLUTION NO. 76-45aCOMMENDING STERLING NORGARD On a motion by Councilman Simpson, seconded by Councilman Brannon it was carried by the following roll call vote to adopt Resolution No. 76-45 and the Mayor and Clerk be authorized to sign same, "Reso- lution Of The City Council Of The City Of Ukiah Commending Sterling Norgard For His Service As Mayor And Councilman Of The City Of Ukiah And Extending Its Best Wishes On The Occasion Of His Retirement From Public Life" . AYES: Councilmen Feibusch, Brannon, Simpson, Councilwoman Pearson, Mayor Wood. NOES: None ABSENT: None RESOLUTION NO. 76-46 COMMENDING GARY M. WEINKAUF On a motion by Councilman Simpson, seconded by Councilwoman Pearson it was carried by the following roll call vote to adopt Resolution No. 76-46 and the Mayor and Clerk be authorized to sign same, "Resolution Of The City Of Ukiah Commending Gary M. Weinkauf For Service As A Member Of The Ukiah City Council" . AYES: Councilmen Feibusch, Brannon, Simpson, Councilwoman Pearson, Mayor Wood. NOES: None ABSEMT: None RESOLUTION NO. 76-47 ESTABLISHING POLICY RE OUT OF STATE REPRESENTATION & TRAVEL BY COUNCIL MEMBERS On a motion by Councilwoman Pearson, seconded by Councilman Simpson it was carried by the following roll call vote to adopt Resolution No. 76-47 and the Mayor and Clerk be authorized to sign same, "Resolution Of The City Council Of The City Of Ukiah Establishing Policy Regarding Out Of State Representation And Travel By Council Members" . AYES: Councilmen Feibusch, Brannon, Simpson, Councilwoman Pearson. NOES: Mayor Wood - - ABSENT: None RESOLUTION NO. 76-48 AUTHORIZING EXECUTION OF SUPPLEMENTAL AGREEMENTS (FAA REIL LIGHTING FACILITIES) On a motion by Councilman Simpson, seconded by Councilwoman Pearson it was carried by the following roll call vote to adopt Resolution No. 76-48 and the Mayor and Clerk be authorized to sign same, "Resolution Of The City Council Of The City Of Ukiah Authorizing Mayor And Clerk To Execute Supplemental Agreements With The United Slates Of America (FAA REIL Lighting Facilities) " . AYES: Councilmen Feibusch, Brannon, Simpson, Councilwoman Pearson Mayor Wood NOES: None ABSENT: None 93 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH APRIL 7, 1976 - PAGE 6 CLAIM FOR DAMAGES DENIED LUCILE COOK & ELVIN STROLIGO On a motion by Councilman Simpson, seconded by Councilman Brannon it was unanimously carried to deny the claims of Lucile Cook, 485 Oak Manor Drive and Elvin Stroligo, 451 Pomolita Drive and refer to the insurance carrier. The question of self insurance was discussed again. The insurance company indicates there could be problems with such an arrangement. The matter was referred to staff to be placed on -he adgenda at a subsequent meeting. PUBLIC HEARING DATE SET AMENDMENT TO CODE (SIGNS) On a motion by Councilwoman Pearson, seconded by Councilman Brannon it was unanimously carried to set May 5, 1976, as the public hearing date to consider amendment to Chapter 7, "Signs" of the Municipal Code. PUBLIC HEARING DATE SET GALE E. YOUNG CHANGE IN ZONING ON LESLIE STREET On a motion by Councilwoman Pearson, seconded by Councilman Simpson it was unanimously carried to set May 5, 1976 , as the public hearing date to consider the request of Gale E. Young for change in zoning from R-2 to R-3 on the east side of Leslie between 50 feet and 312 feet south of Peach street. REQUEST & AUTHORIZATION TO CALL FOR BIDS FOR TRANSFORMERS & VAULTS On a motion by Councilman Simpson, seconded by Councilwoman Pearson it was unanimously carried to call for bids for transformers of various sizes and vaults for the Orchard Plaza Subdivision. Councilman Feibusch asked how the city recovers the cost of transformers . City Manager stated the city has borne this cost in the past, but that this cost could be passed on. Subject matter will be included in the next agenda. WRITTEN COMMUNICATION-GEORGINE WILLIAMS EXPRESSING INTEREST IN CITY OWNED PROPERTY ON LOW GAP ROAD The status of subject property, as well as all other city owned property, was reviewed two years ago by a citizen committee appointed by the Council. It was the committee' s recommendation that this piece of property be retained. On a motion by Councilman Simpson, seconded by Councilman Feibusch it was unanimously carried to table consideration of the sale of city owned property on Low Gap Road. REQUE vT & AUTHORIZATION TO CALL FOR BIDS FOR RtCONST'RUCTION OF DORA ST. BETWEEN OBSERVATORY & WASHINGTON On a motion by Councilman Pearson, seconded by Councilman Feibusch it was unanimously carried to call for bids for reconstruction of Dora Street from Observatory to Washington, bids to be received prior to 2: 00 p.m. May 4, 1976. REQUEST & AUTHORIZATION TO CALL FOR BIDS FOR CONSTRUCTION OF OAK MANOR PARK TENNIS COURTS On a motion by Councilwoman Pearson, seconded by Councilman Simpson it was unanimously carried to call for bids for construction of Oak Manor Park Tennis Courts , bids " 4 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH APRIL 7, 1976 - PAGE 7 to be received prior to 2 : 00 p.m. April 30, 1976. REPORT OF EMERGENCY REPAIR OF CITY EQUIPMENT FOR SOLID WASTE DISPOSAL SITE It was reported that due to the urgent need for subject equipment, approval to proceed with the repairs is necessary. The preliminary estimate of repair costs is $32, 300 . On a motion by Councilwoman Pearson, seconded by Councilman Brannon it was unanimously carried to approve the repair of the D-8 Cat and to call for bids for the repair. INDUSTRIAL DEVELOPMENT COMMISSION Councilman Brannon made a motion, seconded by Councilman Simpson that membership of the Industrial Development Commission not be limited to electors of the City, but permit residents outside the city limits to be considered. It was pointed out that this would require an amendment to the ordinance. The motion was withdrawn. Discussion followed as to the area from which the membership should be selected. Two suggestions were that the selection be made from the Sphere of Influence area as set forth in the General Plan or the area defined for city employees to live. It was suggested that a portion of the commission could bemade up from a similar committee currently operating from the Chamber of Commerce office. On a motion by Councilman Simpson, seconded by Councilman Feibusch it was unanimously carried to hold subject matter over to the May 5th meeting at which time the City Manager will prepare the pros and cons of the membership residence and the Council will have recommendations for citizens to serve on the commission. COUNCILMAN BRANN0N Councilman, Brannon reported the appointments that were made to the City Selection Committee Coastal Commission and LAFCO. Councilman Brannon asked whether or not subcontractors working in the city were required to pay business licenses. City Manager re- ported contractors are required to list their subcontractors at the time the building permit is issued. The Building Official will follow up on the matter. Councilman Brannon stated he has had inquiries regarding the status of the water level in the City reservoir. City Engineer stated the reservoir is kept within a foot of capacity. COUNCILMAN FEIBUSCH Councilman Feibusch expressed concern about the condition of the San Francisco strike and asked what steps have been taken in the event the city were in a like position. City Manager stated matters of this nature are discussed in labor relations and reported to Council in personnel session. Councilman Feibusch commented on the amount of postage required to get mail to the Council. He requested that an effort be made to save money by accumulating the mail for Council to pick up once a week. He has given instructions to hold his mail until he comes to City Hall to pick it up. He stated it would be helpful if each Council member would do this. COUNCILMAN SIMPSON Councilman Simpson requested that a noise ordinance be drafted in anticipation of the noise that could result after the gazebo at the park is constructed. Pow tl MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH APRIL 7, 1976 - PAGE 8 Councilman Simpson stated it had been reported to him that the Hudson property had not been properly inventoried. Councilman Simpson stated that in order to avoid confusion about his speaking at the Bicentennial musical program instead of the usual procedure being followed, the request was made and accepted prior to the March 2nd election. Councilman Simpson referred to SB1736 indicating it requires each government agency to establish a sphere of influence before July, 1979. COUNCILWOMAN PEARSON Councilwoman Pearson urged Council members to make reservations for the Redwood Empire League meeting in Petaluma on April 24th. MAYOR WOOD Mayor Wood stated he feels confident that revenue sharing monies will be available for two years and should be put into the current budget. An increase is not anticipated. Mayor Wood referred to a letter from Senator Behr regarding proposed tax reform bill. City Manager will distribute information so Council may take a position if it desires . Councilman Simpson stated he would like to see it on the next agenda. KUKI RADIO STATION The General Manager of KUKI distribured a letter to Council and stated it will be discussed at the next meeting. ADJOURNMENT Mayor Wood adjourned the meeting at 12: 09 p.m. r Mayor ATTEST: City Clerk