HomeMy WebLinkAboutmin 1974-09-04 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH
SEPTEMBER 4, 1974 - PAGE 1
The City Council convened in regular session in the Council Chambers
at 8 : 00 p.m. with Councilmen Weinkauf, Norgard, Wood, Simpson,
and Mayor Pearson present.
INVOCATION & PLEDGE OF ALLEGIANCE
The invocation was given by the Reverend Mr. Elmer Schmitt and
Councilman Simpson led in the Pledge of Allegiance.
Dr. Schmitt extended an invitation to Council to come to the
Methodist Church at the 11: 00 a.,m. services, September 8th at
which time he will be celebrating his 25th anniversary of his
arrival in California. Dr. Schmitt also announced that he will
begin establishing a retirement University.
PROCLAMATION - HUNTING AND FISHING DAY
Mayor Pearson read subject proclamation and declareofSeptember 28 ,
1974, as Hunting and Fishing Day and that this day be an annual
observance the fourth Saturday of each September. Mr. Bert Banzhaf,
legislative representative for the Ukiah Rod and Gun Club was present
in the audience and stated his opposition to the thirty day delay
in the opening of trout season. Mr. Banzhaf requested Council
write Ray Arnett, Department of Fish and Game to obtain information
with regard to the department' s reasoning in establishing a later
trout season opening on the Rissian River and vicinity. City Manager
was directed to so advise Mr. Arnett.
APPROVAL OF MINUTES
On a motion by Councilman Wood, seconded by Councilman Weinkauf, it
was unanimously carried the minutes of the regular meeting of
August 21, 1974, be approved as corrected.
PAYROLL WARRANTS
On a motion by Councilman Weinkauf , seconded by Councilman NOrgard
it was unanimously carried Payroll Warrants #3808 to #3944 inclusive
for the period of August 11, 1974 to August 241 1974, inclusive
in the total amount of $62, 461. 29 be approved.
GENERAL WARRANTS
On a motion by Councilman Wood, seconded by Councilman Simpson
it was unanimously carried the General Warrants #4625 to #4648
inclusive in the total amount of $67, 077 . 48 be approved and ordered
paid.
PUBLIC HEARING-ZONE CHANGE APPLICATION
NO. 75-2 (SOUTH SIDE OF CHERRY)
Public hearing on subject application was declared open at 8: 06p.m.
Said application was initiated by the Planning Commission to rezone
parcels on the south side of Cherry Street from M, manufacturing
district and C-M, Controlled Manufacturing district to C-2, Highway
commercial and restricted industrial district. Affidavits of Publi-
cation of the required legal notice of the hearing as well as
Affidavits of Posting and Mailing were placed on file. Planning
Commission findings dated August 15, 1974, were read, recommending
approval of the proposed zone changes.
There was no one present in the audience to speak for or against
the proposed changes.
Public hearing was declared closed at 8 : 12 p.m.
Council action is set forth in the introduction of the ordinance
set forth in the next order of business.
INTRODUCTION OF ORDINANCE NO. 661
AMENDING CODE BY REZONING PROPERTY
(ZONF, CHANGE APPLICATION NO. 75-2)
On a motion by Councilman Wood, seconded by Councilman Simpson, it
was unanimously carried to introduce Ordinance No. 661 by title,
MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH
SEPTEMBER 4, 1974 - PAGE 2
"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
M and C-M Zones to C-2 Zone (Zone Change Application No. 75-2 , Planning
Commission) " .
RESOLUTION NO. 75-23 REAPPOINTING
MEMBERS TO AIRPORT COMMISSION
On a motion by Councilman Norgard, seconded by Councilman Simpson, it
was unanimously carried Resolution No. 75-23 be adopted the Mayor and
Clerk be authorized to sign same, "Resolution of the City Council of
the City of Ukiah Reappointing Members to Airport Commission (William
Carter and Donald Di ttu s) " .
ADOPTION OF ORDINANCE NO. 659
REZONING PROPERTY (PREZONE CHANGE
APPLICATION NO. 74-44)
On a motion by Councilman Norgard, seconded by Councilman Weinkauf
it was unanimously carried Ordinance No. 659 be adopted and the Mayor
and Clerk be authorized to sign same, "An Ordinance Of The City Of Ukiah
Amending Chapter 2, Division 9 Of The Ukiah City Code By Rezoning
Property From Existing A-1 (County Classification) To C-2 (City Classi-
fication (Prezone Change Application No. 74-44) " .
ADOPTION OF ORDINANCE NO. 660
AMENDING & REPEALING SECTIONS
OF CODE (GARBAGE)
Subject ordinance was introduced at the previous meeting and was
in order for adoption at this time. Councilman Wood made a motion,
seconded by Councilman Norgard to adopt Ordinance No. 660. Under
the question, Council answered questions raised from the audience.
Mr. Bowen, Modern Disposal Service, was present in the audience and
asked Council why it was necessary to change the present ordinance.
Councilman Wood referred to the Minutes of the previous meeting wherein
this question was answered. Mr. Bowen was assured other companies
interested in the franchise would have an opportunity to negotiate.
Mr. Bowen stated his agreement with this proposal . Attorney Jim Luther,
representing Modern Disposal Service stated said company is in the
process of combining with Northern Disposal and will continue to
operate under the firm name of Modern Disposal Service.
The following persons in the audience spoke in opposition to the
proposed ordinance and asked that Council not adopt it:
1. Attorney Jim Luther
2. Dean DeVries, Ukiah Daily Journal
3. Mark Raymond, Ukiah Jaycees
The following persons in the audience commended the work performed to
date by Ukiah Solid Waste, the current franchisee:
1. C. T. Burton
2. Burt Banzhaf
3. Marilyn Watkins
4. Herb Saxon
Council concensus indicated a desire to keep the garbage franchise
open and not locked in.
On a motion by Councilman Wood, seconded by Councilman Norgard,
it was carried by the following roll call vote Ordinance No. 660 be
adopted and the Mayor and Clerk be authorized to sign same, "An Ordinance
Of The City Council Of The City Of Ukiah Amending And Repealing
Certain Sections Of Division 5, Chapter 5 Of The Ukiah City Code" .
AYES: Councilmen Weinkauf, Norgard, Wood, Simpson, Mayor Pearson
NOES: None
ABSENT: None
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MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH
SEPTEMBER 4, 1974 - PAGE 3
DISCUSSION OF NEGOTIATIONS FOR
NEW GARBAGE CONTRACT
Request for Proposals and Standards had been provided Council. The
Request for Proposals were considered to be adequate. Minor changes
were determined to be necessary in the standards.
On a motion by Councilman Wood seconded by Councilman Norgard it
was carried by the following roll call vote to adopt Standards For
Refuse Collection Contract September 1974 as presented by the City
Manager with the addition of language concerning appealing to the -
City Council (Section 2 (a) ; with the provision of a five year
contract with two five year options; and revision of rates every
three years with the appropriate termination language.
AYES: Councilman Norgard, Wood, Simpson, Mayor Pearson
NOES : Councilman Weinkauf
ABSENT: None
Councilman Wood made a motion, seconded by Councilman Simpson to
present the Refuse Collection Standards to the two firms experienced
in Mendocino County - Modern Disposal Service and Ukiah Solid Waste-
for transmission of proposals.
Councilman Wood withdrew is motion.
On a motion by Councilman Wood, seconded by Councilman Simpson it
was carried by the following roll call vote to transmit proposals
to two firms experienced in Mendocino County who have shown interest
in the refuse collection contract i.e. Modern Disposal Service and
Ukiah Solid Waste.
AYES : Councilmen Weinkauf, Norgard, Wood, Simpson, Mayor Pearson
NOES : None
ABSENT: None v
PUBLIC HEARING DATE SET
ELECTRIC RATE INCREASE
On a motion by Councilman Weinkauf, seconded by Councilman Wood
it was unanimously carried to set September .18, 1974 , as the date
for public hearing to consider an electric rate increase.
RESOLUTION NO. 75-24 AMENDING
PERSONNEL RULES (MILEAGE REIMBURSEMENT)
On a motion by Councilman Wood, seconded by Councilman Norgard, it
was unanimously carried Resolution No. 75-24 be adopted and the Mayor
and Clerk be authorized to sign same, "Resolution Of The City Council
Of The City Of Ukiah Amending The Personnel Rules" .
BID AWARD FOR ARTICULATING WHEEL
LOADER TO EMPIRE EQUIPMENT, ROHNERT PARK
On a motion by Councilman Norgard, seconded by Councilman Simpson
it was unanimously carried to award the bid for the articulating
wheel loader to Empire Tractor Company in the total amount of $32, 900 .
The tabulation of bids received is as follows :
Empire Tractor, Rohnert Park $32, 900 net with trade
Berglund Tractor, Willits $31, 980 to "
Stevenson Equipment Co. , Santa Rosa $42, 919 it "
H & L Equipment, Ukiah $31, 944 . 23 net w/trade
BID AWARD FOR A.C. SURFACINGS TO PARNUM PAVING
On a motion by Councilman Wood, seconded by Councilman Simpson, it
was unanimously carried to award the bid for asphalt concrete sur-
facings on city streets to Parnum Paving, Inc. in the total amount
of $46, 155. 00.
There was only one bid received for subject work.
MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH
SEPTEMBER 4, 1974 - PAGE 4
PUBLIC TRANSPORTATION ELEMENT
MENDOCINO COUNTY REGIONAL TRANSPORTATION PLAN
The Transportation Planning Agency is recommending to the Council
that a joint powers agreement between the County and Fort Bragg ,
Ukiah, and Willits be entered into to operate a demonstration program
of public transportation in Mendocino County. The City Manager
expressed his exception to the funding formula proposed. The project
would be funded with $100, 000 of 325 funds generated by sales tax on gasoline.
Councilman Simpson gave a detailed report of work done on a committee
level concerning subject matter and stated in the event the City
does not join the other cities in the County, the proposed experiment
will be lost. In order to be able to use the 325 monies there must be
a demonstration project to determine if there is a need for public
transportation and if it is feasible. Rapid Transit has offered
use of buses to put this proposal into effect and to determine if
there is a need.
On a motion by Councilman Wood, seconded by Councilman Simpson it
was unanimously carried to participate in the demonstration project.
WRITTEN COMMUNICATION FROM HERB
SAXON OFFERING PROPERTY FOR SALE
Council had been provided with copies of a letter from Mr. Saxon
wherein he advised of the availability of property suitable for parking
lot construction. City Manager stated, in his opinion, subject matter
could be postponed pending the completion of the downtown study and
analysis of the appropriate land use and parking requirements in the
downtown area.
On a motion by Councilman Simpson, seconded by Councilman Wood,
it was unanimously carried to refer the correspondence from Mr.
Saxon to the Planning Commission for review and report.
FLOOD DISASTER PROTECTION ACT OF 1973
The City Manager reported the Department of Housing and Urban Development
has informed the City of the preliminary decision as to areas of
the City that are believed to be flood prone. This information will
be published by the Department of Housing and Urban Development and
during the subsequent 90 days, any property owner who believes
that his property rights will be adversely affected by the tentative
determination may appeal such determination to the Council. The Council
will issue a written opinion either supporting or failing to support
the position of the property owner, after which the information is
transmitted to the Department of Housing and Urban Development for
the final decision. While this process is under way, the City will
need to file an application for participation in the national flood
insurance program which will make it possible for residents of the
City to purchase flood insurance.
Mr. Herb Saxon, Saxon Realty stated several years ago FHA put out a
map showing flood plain areas which resulted in putting a blight on these
areas by destroying or lowering property values.
{ T Council was not in total agreement on subject matter. It was pointed
out that care should be taken so a blanket area is not considered to
be a flood plain. Public hearings will be held during the process of
participation.
On a motion by Councilman Simpson, seconded by Councilman Wood it was
carried by the following roll call vote to direct the City Manager to
proceed to submit an application for participation in the national
flood insurance program to the Department of Housing and Urban Develop-
ment.
AYES: Councilmen Weinkauf, Wood, Simpson, Mayor Pearson.
NOES: Councilman NOrgard
ABSENT: None
MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH
SEPTEMBER 4, 1974 - PAGE 5
REQUEST FROM CHAMBER OF COMMERCE
ADEQUATE SIDEWALKS IN CITY
City Manager reported the Chamber of Commerce has requested the
Council to do what is necessary to provide adequate sidewalks _'
throughout the City. Councilman NOrgard stated this is not a new
subject; it is a practical matter and suggested the Public Works
Department contact property owners in subject areas and request
that the sidewalks be installed. City Manager stated this pro-
cedure could be followed, first with a letter, then follow up
at a subsequent time.
OLD SEWAGE TREATMENT PLANT PROPERTY
Attorney Jim Luther, representing clients in Rogina Heights requested
that subject property be posted for no hunting or shooting and that
the gate be maintained in a locked condition. He pointed out that
hunting on the property was in violation of county ordinances
which prohibits the discharge of a firearm within 500 yeards of an
occupied dwelling.
Council determined that suitable signs be placed to prohibit un-
authorized hunting and shooting on the property and that the
gate be maintained in a locked condition.
WESTWOOD ACRES DEDICATION OFFER
seconded by Councilman Weinkauf
Councilman Wood made a motion, to accept subject offer subject to
E. I.R. and Planning Commission review.
Councilman Wood withdrew his motion
On a motion by Councilman Wood, seconded by Councilman Weinkauf
it was carried by the following roll call vote to refer the
Westwood Acres dedication offer to the Planning Commission and
direct the staff to prepare the Environmental Impact Report.
AYES : Councilmen Weinkauf, Wood, Simpson
NOES : Councilman Norgard and Mayor Pearson
ABSENT: None
REQUEST FOR SPECIAL MEETING TO
CONSIDER FINAL MAP (KENNEDY CONDOMINIUM)
Subject request was made to meet a September 17th deadline.
Council determined this meeting would adjourn to Friday,
September 6, 1974, 8 :30 a.m.
ADJOURNMENT
10 : 44 p.m.
fit /Mayor Pearson adjourned this meeting to 8 :30 a.m. , September 6th.
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Mayor
ATTEST:
City Clerk
MINUTES OF THE ADJOURNED MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH
SEPTEMBER 4 --, 1974
The City Council convened in adjourned session in the Council Chambers
at 8 : 41 a.m. with Councilmen Wood, Simpson and Mayor Pearson present.
Councilmen Weinkauf and Norgard were absent.
RESOLUTION NO. 75-25 APPROVING FINAL
MAP (KENNEDY CONDOMINIUM)
On a motion by Councilman Wood, seconded by Councilman Simpson, it
was unanimously carried Resolution No. 75-25 be adopted and the Mayor
and Clerk be authorized to sign same, "Resolution Of The City Council
Of The City Of Ukiah Approving Final Map Of Westwood Acres , A
Condominium Subdivision. "
ADJOURNMENT
Mayor Pearson adjourned the meeting at 8 : 44 a.m.
Mayor
ATTEST:
City' Clerk