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HomeMy WebLinkAboutmin 1975-12-03 46 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE_ CITY OF UKIAH_ DECEMBER 3, 1975 - PAGE 1 The City Council convened in regular session at 8:01 p.m. with Councilwoman Pearson, Councilmen Norgard, Wood, Simpson and Mayor Weinkauf present. INVOCATION AND PLEDGE OF ALLEGIANCE Councilman Simpson gave the invocation, and Councilman Norgard led in the Pledge of Allegiance. APPROVAL OF MINUTES On a motion by Councilman Wood, seconded by Councilman Simpson, it was unani- mously carried to approve the minutes of the meeting of November 19, 1975 as submitted by the Clerk. PAYROLL WARRANTS On a motion by Councilman Norgard, seconded by Councilwoman Pearson, it was unanimously carried that Payroll Warrants #4289 to #4465 inclusive in the amount of $83,454.90 for the period of November 02, 1975 thru November 15, 1975 be approved. GENERAL WARRANTS On a motion by Councilman Simpson, seconded by Councilwoman Pearson, it was unanimously carried that General Warrants #2524 to #2547 inclusive in the total amount of $66,331 .19 be approved and ordered paid. MAYOR WEINKAUF ADJOURNED THE COUNCIL MEETING TO A MEETING OF THE UKIAH REDEVELOPMENT AGENCY - 8:05 p.m. The City Council reconvened in regular session at 8:30 p.m. PUBLIC HEARING ZONE CHANGE APPLICATION NO. 75-56 HILLSIDE HOSPITAL Consideration of Zone Change Application No. 75-56 by Hillside Hospital to reclassify subject property located generally north of Perkins Street and East of NWPRR from C-M. Controlled Manufacturing and R-1 , Single Family Residential to C-2, Highway Commercial and Restricted Industrial and to consider sufficiency of the related Environmental Impact Report. City Manager read and placed on file a memorandum directed to the City Council from the Planning Commission dated November 12, 1975 recommending favorable consideration of the subject zone change. The Public Hearing was declared opened at 8:38 p.m. Merle Orchard, Attorney and Counsel for Hillside Community Hospital made the opening remarks stating that the existing hospital is operating to its capacity. Every inch of floor space is being utilized and the time has come when this non-profit hospital must re-build in order to maintain its high standard of service to the community. The other alternative would be to patch up the present hospital at even greater expense in order to meet State Standards. Mr. Orchard emphasized that they are not trying to close the Community Hospital . This is not an expansion, but, a replacement of the 43 bed facility which is now in operation. The following points in favor of the adequacy of the Environmental Impact Report and/or zone change were raised by the following: Mr. William Witting, Vice-President of the Careage Corporation, a hospital planning firm engaged by Hillside Hospital , Mr. Walter Slaney and Mr. Robert Axt. 1 . The re-zoning would be consistent with the General Plan. 2. It is important that the central portion of Ukiah remain linked to Perkins Street and that it remain the entrance from the freeway to the downtown area. MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH DECEMBER 39 1975 - PAGE 2 3. The Planning Commission, after its study of the proposal and the E. I.R. , found the E. I.R. to be sufficient and recommended in favor of the zone change. 4. Commercial zoning along Perkins Street will do much to maintain the downtown area in its present location. City Attorney read from Section 65860 of the Government Code relative to the consistency of Zoning Ordinances with the General Plan; actions to - �- enforce compliance. The following points of opposition to the adequacy of the Environmental Impact Report and/or Zone Change were raised by the following: I . Letter was read and placed on file from Mr. Tom MonPere stating that a) the new hospital is unnecessary in terms of meeting local health needs of the community; and, b) the hospital would use prime agricultural land for commercial development, misusing a limited resource. 2. A petition signed by 50 employees of Mendocino Community Hospital was placed on file. In it, the employees claimed - a) The Ukiah General Plan states that hospitals should not be built in a 65 DBA Noise Level Zone. The area under consideration is in this zone. b) The E.I.R. on Redevelopment states that the land between the Freeway, the Railroad tracks and in the flight-paths of airplanes should not be used for hospitals. This was omitted in the E. I.R. for the new Hillside Hospital site. c) Hillside Hospital could add a new structure to meet their needs and would be required only to have it joined to the present facility by an earthquake joint. 3. The E. I.R. addresses itself only to the Hospital project and does not examine the impact resulting from the Zone Change with respect to the remainder of the parcel . 4. The E. I.R. does not address traffic, drainage, utility and other problems created by development of the remainder of the site. 9:06 p.m. Fire Chief Donohue arrived to advise that a complaint had been received and that the meeting would have to be moved to larger quarters or some of those present would have to leave, due to the overcrowded conditions in the Council Chambers. The meeting recessed. 9:45 p.m. The meeting resumed in the Veterans Memorial Building at Seminary and S. Oak Streets. Ms. Cathy Monroe stated that in her opinion, the subject property is still valuable agricultural land, and that priorities should go toward meeting housing needs instead of commercial ones. Mr. Jim Weller stated that he believes that the 1974 decision by the City Council to designate almost 100 acres to Highway Commercial use is probably the biggest land use problem facing Ukiah now, and urged that consideration be given right away to reversing that decision and rezoning the land to agricultural use. The Public Hearing was closed at 9:57 p.m. Councilman Wood pointed out an apparent discrepancy in the E.I.R. as to how much vegetation would be removed. Mr. Witting advised that it was the inten- tion of Hillside to leave as many trees as possible, but it becomes impractical to leave part of the trees to farm and treat with insecticides. On a motion by Councilman Wood, seconded by Councilwoman Pearson, it was unanimousTy- carried that the Environmental Impact Report be found to be ade- quate to the projected Zone Change Application No. 75-56. 8 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH DECEMBER 35 1975 - PAGE 3 City Attorney reviewed the allowed uses in a C-2 zone, noting that C-2 zone allows better control as to what type of development is permitted via the use permit. INTRODUCTION OF ORDINANCE NO. 674 (ZONE CHANGE APPLICATION NO. 75-56) HILLSIDE COMMUNITY HOSPITAL On a motion by Councilwoman Pearson, seconded by Councilman Norgard, it was carried by the following roll call vote to introduce Ordinance No . 674, "An Ordinance Of The City Council Of The City Of Ukiah Amending Chapter 25 Division 9 Of The Ukiah City Code By Rezoning Property From Existing C-M and R-1 to C-2 Zone (Zone Change Application No. 75-56) . " Ayes: Councilwoman Pearson , Councilmen Norgard , Simpson and Mayor Weinkauf Noes : Councilman Wood Absent: None PUBLIC HEARING USE PERMIT APPLICATION NO. 76-15 HILLSIDE HOSPITAL Consideration of Use Permit Application No. 76-15 filed by Hillside Hospital to establish a 43-bed hospital facility on an 11 acre parcel which is a portion of Assessor's Parcel No. 2-160-22-193-3. City Manager read a memorandum, dated November 7, 1975, from Planning Director Richard Avey in which he explained that due to the inability of the recently appointed Planning Commissioner to vote and the expressed conflict of interest of three Planning Commissioners, the Commission was left with less than a quorum and, therefore, could not take action on the Hillside Hospital Use Permit. City Manager, again, noted communications in opposition to the proposed project, i .e. letter from Mr. Tom Monpere and the petition signed by 50 employees of the Mendocino Community Hospital . He also placed on file a letter from the Airport Commission, signed by Chairman Bill Carter, claiming that the area in question is in an approach zone and has long been regarded by pilots as a desirable emergency site in case of power failure. The City Manager read his recommendation to deny the use permit siting the reasons pointed out in the NORCOA report attached to the EIR and labeled Appendix C. The report indicates the desirability of a single hospital because of the high cost of duplicated services and the inability to utilize equipment and personnel at their highest level where more than one exists. City Manager added that it seems to be a mistake to support any proposal that is duplicative or expensive staffing and equipment and that would cause a major dislocation of support services at great cost to the City and the medical community, and would supply less efficient health care for the community. He also sited the reasons expressed in the record before the Planning Commission and id the memorandum from the Airport Commission for his recommendation. Mr. Witting advised that the Hillside Hospital Board and the Careage Corpora- tion searched long and hard to find the most appropriate site in terms of cost and easy access for the population usually served by Hillside. He added that NORCOA held a public hearing two months ago regarding Hillside's application. No one spoke against the application at that time and the application was unanimously approved. Now it is at the State level and the authority and responsibility lie elsewhere. Referring to Staff's concern of duplicating facilities, he added that facilities are already duplicated. --M High overhead is there now. Regardless of the outcome of this hearing, he advised that the hospital will not close, but will remodel and add to the present facility. The cost will be the same, but the facility will not be as good. At this point, Mr. Witting reviewed the site plan. Ms. Shirley Ann Munroe, Administrator of the Hillside Hospital , gave a brief history of the hospital , noting the great changes that have come about in health care and with the changes more stringent requirements. The State Planning Agencies require a minimum of 850 square feet of total hospital floor space for each bed, but the present facility has only 500 square feet. The hospital is presently operating at an 80% occupancy factor. MINUTES 'OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH DECEMBER 3, 1975 - PAGE 4 Mr. Vic Biswell , Executive Director of NORCOA, advised that it is the agency's opinion that a two hospital system would be better for the community with the closure of Mendocino Community Hospital . Mr. Biswell read the Health Planning Process. Dr. Carl Aagaard read and placed on file a letter, signed by 27 pilots, to the City Council , which took exception to the memorandum from the Airport Commission by making the following points : a) A pear orchard is not a ........... desirable emergency landing site; and b) only an occasional aircraft would fly over the proposed site. Other persons speaking in favor of the application made the following points : Dr. Kenneth Young Dr. Ian Nelson Mr. Robert Axt Mr. Alex Thomas Mr. Joe Penner Mr. Cecil Orser Mr. John Locke Dr. Donald Anderson Mr. Duane Rickard 1 . Hillside is one of the largest employers in the area. 2. Hillside has not been duplicating services. 3. The proposed location will be accessible to people living in the outlying areas. 4. The new hospital is necessary in order to continue the hospital 's high standard of service. Persons speaking in opposition to the application voiced the following opinions: Mr. Adam Sparks claimed that a) the E. I.R. does not address alternative sites available. b) agricultural lands should be preserved; and c) the present hospital could be used as administrative offices and an addition constructed adjacent to it for patient care. In this way, all seismic and State requirements could be met. d) a cost analysis should be made of bringing this site up to seismic standards; and e) 40% of patients -- come from outside of the Ukiah area; therefore, he suggested moving a hospital out to a rural area. Mr. Jim Weller alleged, also, that the E.I.R. does not include consideration of alternative sites. Mrs. Colette Morris requested the letter from the Mendocino Community Hospital employees be read. Mrs. Morris again called attention to statements in the General Plan regarding noise level zones and the undesirability of constructing hospitals near freeways and in the flight-paths of airplanes. Mrs. Patricia Cooper pointed out the loss of tax increment, importance of preserving the agricultural areas and the availability of preferable sites. 12:14 a.m. The meeting was recessed. 12:29 a.m. The meeting was resumed. Mr. Ted Feibusch recommended improving the facilities of the Community Hospital and denying the subject use permit. He noted that at the cost of $5 million, the per bed cost would be $136,455. The Public Hearing was closed at 12:33 a.m. On a motion by Councilwoman Pearson, seconded by Councilman Simpson, it was carried by the following roll call vote that the City Council of the City of Ukiah finds that the Environmental Impact Report for the proposed construction of a 43-bed hospital facility for Hillside Community Hospital is adequate and complete. Ayes : Councilwoman Pearson, Councilmen Norgard, Simpson and Mayor Weinkauf Noes: Councilman Wood Absent: None MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH DECEMBER 3, 1975 - PAGE 5 On a motion by Councilman Norgard, seconded by Councilwoman Pearson, it was carried Ey the following roll call vote that the City Council of the City of Ukiah finds that the establishment, maintenance, or operation of the use or building applied for will not under the circumstances of the particular case, be detrimental to the health , safety, peace, morals , comfort or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property or improvements in the neighborhood or to the general welfare of the City and , therefore, grants Use Permit Application No. 76-15 to Hillside Hospital , Shirley Ann Munroe, agent, to establish a hospital facility as approved by NORCOA on an 11 acre parcel which is a portion of Assessor's Parcel No. 2-160-22-193-3, all subject to Standard Conditions 1 thru 9 and the following special conditions: a) Approval is for the maxiumum number of hospital beds approved by NORCOA. b) New street adjacent to hospital shall be improved to its full width within the limits of the property. c) A secondary access, improved to City standards at 44 feet curb to curb, including curb, gutter and sidewalk shall be installed between Clara Avenue and the street adjacent to the hospital site on the north. d) Improved streets or portions of streets shall be offered to the City for dedication upon completion. e) The developer shall bear the cost of all necessary traffic lane adjustments on East Perkins Street including any necessary signing. f) Upon or prior to application for a building permit, the developer shall return to the Planning Commission for approval of the final site plan and elevations as required under Section 9167 of the Ukiah Municipal Code. g) All drainage from the hospital site and future commercial sites on the property shall be directed to Orr Creek via a storm drain . facility to be constructed to the requirements of the Director of Public Works.. Developer shall pay for the cost of said facility with reimbursement to be made to developer from other benefiting properties as those properties are developed. h) Extensive dust control measures shall be instituted during construction of the project. i ) The developer shall construct the hospital structure and install improvements as shown on the submitted site plan other than utility layout or final street improvement engineering plans. The City Engineer shall be the final approving agent of utilities and other required engineering plans. j) Six-foot high security fencing to be installed on the west property line of the development. Q Use permit shall be effective as of the effective date of Zone Change No. 75-56, Ordinance No. 674. 1 ) This use permit shall be null and void if not put into use on the Perkins Street site. Ayes: Councilwoman Pearson, Councilmen Norgard and Simpson Noes : Councilman Wood and Mayor Weinkauf Absent: None 1 :00 a.m. The meeting was recessed. 1 :09 a.m. The meeting was resumed. tl j; MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH DECEMBER 3, 1975 - PAGE 6 PUBLIC HEARING - TELEPROMPTER CABLE TV RECONSIDERATION OF DENIAL FOR RATE INCREASE Consideration of a request by Teleprompter Cable TV for reconsideration of the denial of the recent request for rate increase. Council had previously been supplied with additional information with regard to Teleprompter's financial condition to justify their proposed rate increase. Messrs. Jim Langton, Jim Larson , Claude Hill and Harold H. Heidrick, Vice- President of Wilsey & Ham, were present on behalf of the request. City Manager read his memorandum, dated December 3, 1975, to the City Council in which he noted that the request had been rejected by the Board of Supervisors to which he added that because of the density of accounts in the Ukiah area, that there is even less justification for rate increase to Ukiah residents than there is in the County territory. Mr. Tom Kirkpatrick, opponent of the rate increase, claimed that Teleprompter will not tell the City what the participants will get for the 50� increase a month. It is his opinion that the Company is attempting to have the residents of Ukiah subsidize Fort Bragg, Willits and other unincorporated areas of the County. Willits and Fort Bragg voted against the increase. The Public Hearing was closed at 1 :26 a.m. City Manager asked Mr. Larson to respond to the rumor that there would be an increase to all of the outlying areas because of deficiencies in their franchise agreements. The City of Ukiah's agreement is the only one that requires approval of the City Council . Mr. Larson replied that the statement is absolutely untrue. Discussion was held by Council . On a motion by Councilman Simpson, seconded by Councilman Wood, it was unani- mously carried that the City Council of the City of Ukiah go on record to support a County-wide effort to solve this problem, directing the City Manager to meet with representatives of Teleprompter Cable T.V. , study the problem, and make recommendation to the various Councils and Boards. PUBLIC HEARING ABANDONMENT OF UNNAMED ALLEYWAY Council has declared its intention to abandon an unnamed alleyway lying at the rear and south of parcels at the southeast corner of Leslie Street and Peach Street. After discussion, Council established that said unnamed alley- way in question is unnecessary for present or prospective public purposes , and determined that it is in the public interest and benefit to vacate that certain aforementioned unnamed alleyway. On a motion by Councilman Norgard, seconded by Councilman Wood, it was unanimously carried Resolution Nb. 76-31 be adopted and the Mayor and Clerk be authorized to sign same, "Resolution Of The City Council Of The City Of Ukiah Ordering The Vacation Of An Unnamed Alleyway". RESOLUTION GIVING NOTICE OF PROPOSED ANNEXATION (LOW GAP ROAD) Consideration of the request of the Ukiah Unified School District for annexation of the new high school site to the City of Ukiah. The Local Agency Formation Commission of the County of Mendocino, by Resolution, approved the annexation of the subject territory to the City of Ukiah on November 3, 1975. On a motion by Councilman Simpson , seconded by Councilman Pearson , it was u ,imous y carried that Resolution No. 76-32 be adopted and the Mayor and Clerk be authorized to sign same, "Resolution Of The City Council Of The City Of Ukiah Giving Notice Of Proposed Annexation". MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH DECEMBER 3, 1975 - PAGE 7 RESOLUTION GIVING NOTICE OF PROPOSED ANNEXATION (WAYNE R. BURNETT) The three parcels which are the subject of this proposed annexation lie between Waugh Lane and Betty Street immediately adjacent to the southerly City Limits. On a motion by Councilman Simpson, seconded by Councilwoman Pearson, it was unanimously carried that Resolution No. 76-33 be adopted and the Mayor and - Clerk be authorized to sign same, "Resolution Of The City Council Of The City Of Ukiah Giving Notice Of Proposed Annexation & Directing Filing With Local Agency Formation Commission". BALLOT MEASURE ANALYSIS The City Council has decided that the question of whether or not the City's water system is to be fluoridated should be a ballot measure at the March 2, 1976 General Municipal Election. On a motion by Councilman Norgard, seconded by Councilwoman Pearson, it was unanimously carried that the City Council direct the City Clerk to submit the measure to the City Attorney for the preparation of an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. APPROVAL OF AGREEMENT WITH HAROLD DANIELS FOR ACQUISITION OF A STREET RIGHT-OF-WAY In order to solve a troublesome drainage problem, the City has negotiated for the widening of Brush Street jsut east of Mazzoni . Harold I. and Alice L. Daniel have executed a deed for 5' widening in exchange for curb, gutter and sidewalk. The City will also run a drain line in the sidewalk area to a low point in the street connecting this to drain in Mazzoni . On a motion by Councilman Norgard, seconded by Councilwoman Pearson, it was unanimously carried that the City of Ukiah accept the deed from Harold I. and Alice L. Daniel and approve the aforementioned agreement. BID AWARD FOR MISCELLANEOUS ELECTRICAL EQUIPMENT FOR FRANK ZEEK SOFTBALL FIELD LIGHTING City Manager reviewed the tabul ati-ni- -^f -- . .ei ved for Electrical Equipment for Frank Zeek Softball Field Hchtin9- BID TABULATION — OPENING 11/25/75 BID TABULATION — OPENING 11/2575 18 — F1001 DWRB—B Light Fixtures 2 — F 1.r1RB— .9 Single Phase with 10 Breakers g 1001 BB Light Fixtures . and Teter Socket Comb. vith 7 Breakers k — PM-5 Wide Lite Brackets, 6 — PM-6 Wide Lite Brackets ,-)urplier p _ Price J.E. SUPPLY CO. r r $5,313.22 $279.00 Tax: '318. Tax: 16. 1 $5, 32.01 $295.74 WESTINGHOUSE ELE. SUPPLY $79465942 SUPPLY Tax: $288.60 ._ .. • Tax: l • 2 $79913.35 $305.92 INDUSTRIAL ELE. SERVICE $6,897.36 NICE $256.72 Tax: .8 Tax: i 0 $79311.20 $272.12 AMFAC ELE. SUPPLY $7,358.10 $242041 Tax: 441*50 Tax: 1 $7,799.90 7256,a95 cor4SOLIDATID ELE. DISTR. $59650e00� � I�ISTR. $227.50 Tax: .00 Tax: i3- ,o 65 $5,989.00 $241 M A YTIUL T T D_ LJ A n rnrs r.r T el' MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH DECEMBER 3, 1975 - PAGE 8 BID AWARD FOR POLICE VEHICLES City Manager reviewed the tabulation of bids received for 2-New 1976 Model Four Door Sedans for the Police Department. BID TABULATION - OPENING DATE 11/25/75 2 - New 1976 Model Four Door Sedans Supplier Unit Price Delivery Ortion Tot:_=l :ox MOTORS $49959.36 60 - 90 Days 50/50 Split Seat � $109853.O4 *Includes Cpt ion $160.00 LANCE MOTORS $59267.02 60 - 90 Days $Lig,?66.08 t � � JOhLiSTEGEP4AN. EX. - - - - - - - - - - - - ivOBID - - - - - - - - - - - - - - - - - - - - - - - JNDEFV400D FORD-MMCURY $59461.81 120 Days $119579-04 awarded to the low bidder Cox Motors-. MENDOCINO TRANSIT AUTHORITY The following information was forwarded by the County of Mendocino at the request of the Transportation Planning Agency, The Mendocino Transit Authority agreement provides for a Pilot Bus Demonstration Project. The project was originally limited to SB 325 expenditures of $100,000 and the life of one full operating year. Additional information is now avail- able including th•e proposed Bus Operation Budget. It appears to the Transportation Planning Agency that this figure should be raised to a maximum of $250,000 for the demonstration project. These funds would come from SB 325 transportation money. The change provides other State or Federal grant funds and bus revenue to be utilized as available. This will -� provide enough flexibility to insure that the bus demonstration is adequately funded for a fair demonstration. On a motion by Councilman Simpson, seconded by Councilman Wood, it was unanimously carried that the City Council of the City of Ukiah authorize the Mayor and Clerk to sign the modification of the Joint Powers Agreement establishing the Mendocino Transit Authority. SENIOR CITIZEN HOUSING PROJECT City Manager reviewed a letter from North Coast Opportunities, Inc. , dated December 3, 1975, advising that NCO and Rural Communities Housing Develop- ment Corporation are in the process of making application to the Department of Housing Urban Development for a senior citizen housing project. The application will be made under the 202/Section 8 Program for forty-eight units of senior citizen housing. On a motion by Councilwoman Pearson, seconded by Councilman Simpson, it was unanimously carried that the City Manager be directed to write a letter in support of the proposed Senior Citizen Housing Project. MISCELLANEOUS City Manager advised Council that the City's insurance is due for renewal January 1 , 1976. ADJOURNMENT Mayor Weinkauf adjourned the meeting at 2:18 a.m. n Mayor ATTEST: Deputy City Clerk l�