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HomeMy WebLinkAboutmin 1974-08-07 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH AUGUST 7 , 1974 - PAGE 1 The City Council convened in regular session in the Council Chambers at 7 : 58 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 Norgard led in the Pledge of Allegiance. -; APPROVAL OF MINUTES On a motion by Councilman Norgard, seconded by Councilman Simpson it was unanimously carried the minutes of the regular meeting July 17, 1974, be approved as submitted by the Clerk. PAYROLL WARRANTS On a motion by Councilman Weinkauf , seconded by Councilman Wood it was unanimously carried Payroll Warrants #3369 to #3517 inclusive for the period of July lst to July 13, 1974 inclusive in the total amount of $64, 323 . 00 and Payroll Warrants #3516 to #3668 inclusive for the period of July 14th to July 27 , 1974 inclusive in the total amount of $65,367.71 be approved. GENERAL WARRANTS On a motion by Councilman Simpson, seconded by Councilman Wood it was unanimously carried the General Warrants #4413 to #4493 inclusive in the total amount of $46, 027. 18 be approved and ordered paid. PUBLIC HEARING-VACATION OF STREET RIGHT OF WAY (FEIBUSCH SUBDIVISION) City Manager reviewed Planning Commission action on subject matter. The area in question is a 25 foot wide strip at the north end of Lot No. 5 of the Feibusch Subdivision which had been dedicated to the City for street purposes at the time of the acquisition of Vinewood Park. Planning Commission determined that there is adequate access to the Empire Gardens Subdivision via Garrett Drive and Magnolia Street and recommended abandonment of the area for street purposes. Public hearing was opened at 8 : 02 p.m. There was no one present in the audience to speak in favor of or in opposition to subject matter. Public hearing was closed at 8 : 03 p.m. Council action is set forth in the following resolution. RESOLUTION NO. 75-7 ORDERING VACATION OF STREET RIGHT OF WAY (PROPERTY OFF ELM ST. ) On a motion by Councilman Norgard, seconded by Councilman Weinkauf it was unanimously carried Resolution No. 75-7 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 Street Right Of Way (25 Feet Wide Strip Off Elm Street) " . PUBLIC HEARING-PREZONING APPLICATION NO. 74-44 KENNEDY HOMES, TALMAGE RD. Planning Commission action concerning subject matter was set forth in the Minutes of June 13, 1974 and Planning Director' s memo dated July 31st, both of which were reviewed by the City Manager. Subject application is to prezone a 5. 5 acre parcel from A-1 (County Classification) to M, Manufacturing District (City Classification) in order to expedite development of the property upon successful annexation of the property to the City. Local Agency Formation Commission has heard the matter as a MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH AUGUST 7 , 1974 - PAGE 2 proposed annexation of uninhabited territory and has recommended that it be annexed to the City. The Planning Commission amended the request by rezoning the area C-2 instead of A-1, and recommended Council consider the matter on this basis. Public hearing was opened at 8 : 05 p.m. There was no one present in the audience to speak either in favor or opposition to the proposal. Public hearing was closed at 8: 06 p.m. On a motion by Councilman Simpson, seconded by Councilman Wood it was unanimously carried to authorize the preparation of an ordinance approving Zone Change Application No. 74-44 for intro- duction at the next meeting. PUBLIC HEARING-GENERAL PLAN The General Plan, which was considered by the Council at the June 19, 1974, meeting was referred back to the Planning Commission for further consideration. Carol Walker, representing Lampman and Associates, was present in the audience to report on the status of the plan after the Planning Commission had considered Council recommenda- tions of the June 12th and June 19th meetings. Planning Commission recommendations of changes to the General Plan text and map were containE in a memorandum dated July 22, 1974 from Lampman and Associates and was reviewed in detail by Carol Walker. Public hearing was declared open at 8 :15 p.m. The following persons spoke: Doris Spencer Don Whittamore Walter Heady Dan Sargentini Ames Daugherty Jack Cox Clarification was made of the following points: 1. The point of review of the General Plan, after its adoption, three times per year was clarified to indicate changes could be "stockpiled" , thus allowing for more than a total of three changes per year, if deemed necessary. 2. Assurance that the Board of Supervisors will hold public hearings prior to adoption of the City ' s general plan or any modifications of said plan. 3. Payment of the General Plan will be from city monies - not from state grants . 4. State law requires the General Plan to consider the City ' s "sphere of influence" as defined in the Government Code. 5. In the discussion of the "legitimate rights" of the property owners as set forth on page 90 of the General Plan, emphasis was placed on the fact that it is not the intent of the plan to confiscate land or the rights of individuals. 6. The southern boundary of the plan goes to Burkhill Road; not Booneville Road. 7 . Section 65560 of the Government Code wherein open space was - defined was read by the City Attorney with the intent to clarify the term referred to in the General Plan . Public hearing closed at 8 : 50 p.m. Council recognized the problems brought forth from the audience, dis- cussed those and others considered to be important and determined the following are necessary for further Planning Commission consideration: 1. Determination of the southern General Plan boundary. 2. Extension of office/commercial on South Dora beyond Observatory. 3 . The need for the meaning of open space to be stated by the City of Uk A h, not by the Government Code. s x MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH AUGUST 7, 1974 - PAGE 3 On a motion by Councilman Norgard, seconded by Councilman Simpson it was unanimously carried to send the General Plan back to the Planning Commission with the recommendations set forth above. ADOPTION OF ORDINANCE NO. 657 (TRANSIENT OCCUPANCY TAX) On a motion by Councilman Norgard, seconded by Councilman Weinkauf it was carried by the following roll call vote Ordinance No. 657 be adopted and the Mayor and Clerk be authorized to sign same, "Ordinance Amending Section 1752 Of The Ukiah Code" . AYES: Councilmen Weinkauf, Norgard, Wood, Simpson, Mayor Pearson NOES : None ABSENT: None RESOLUTION NO. 75-8 GRANTING USE PERMIT ON APPEAL TO EDWIN A. FREY, JR. On a motion by Councilman Simpson, seconded by Councilman Wood it was unanimously carried Resolution No. 75-8 be adopted and Mayor and Clerk be authorized to sign same, "Resolution Of The City Council Of The City Of Ukiah Granting Use Permit On Appeal (Edwin A. Frey, Jr. ) " . RESOLUTION NO. 75-9 RESCINDING RESOLUTION NO. 74-51 On a motion by Councilman Norgard, seconded by Councilman Simpson it was unanimously carried Resolution No. 75-9 be adopted and the Mayor and Clerk be authorized to sign same, "Resolution Of The City Council Of The City Of Ukiah Rescinding REsolution No. 74-51" . RESOLUTION NO. 75-10 DECLARING PROPERTY A PUBLIC NUISANCE AND STATING INTENT TO ABATE On a motion by Councilman Simpson, seconded by Councilman Weinkauf it was unanimously carried REsolution No. 75-10 be adopted and the Mayor and Clerk be authorized to sign same, "Resolution Of The City Council Of The City Of Ukiah Declaring Property A Public Nuisance And Stating Intention To ABate Same" . RESOLUTION NO. 75-11 FIXING TAX RATE On a motion by Councilman NOrgard, seconded by Councilman Wood it was carried by the following roll call vote Resolution No. 75-11 be adopted and the Mayor and Clerk be authorized to sign same, "Resolution Of The City Council Of The City Of Ukiah Determining Amount Of Revenue Necessary From Property Taxes And Fixing Tax Rates For Fiscal Year 1974-75" . AYES: Councilmen Weinkauf , Norgard, Wood, Simpson, Mayor Pearson NOES: None ABSENT: None RESOLUTION NO. 75-12 AUTHORIZING CITY MANAGER TO APPLY FOR AIRPORT GRANT FUNDS On a motion by Councilman Simpson, seconded by Councilman Weinkauf it was unanimously carried Resolution No. 75-12 be adopted and the Mayor and Clerk be authorized to sign same, "Resolution Of The City Council Of The City Of Ukiah Authorizing City Manager To Apply For Airport Grant Funds (ADAP and CAAP) " . VARIANCE APPLICATION NO. 74-45 JACK FRANKS City Manager reviewed subject application which had been considered by the Planning Commission July 11, 1974 and recommended to the Council for approval. Subject request is for a waiver of off- street parking requirements for construction of a proposed 3 , 013 square foot office building to be located at the southwest corner MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH AUGUST 7, 1974 - PAGE 4 of Henry and North State Streets, zoned C-1, Light Commercial. The proposed building is to be a one story structure and would replace a two story building which had been condemned and demolished. There was no one present in the audience to speak for or against subject application. Council action is set forth in the following resolution. RESOLUTION NO. 75-13 GRANTING PARKING REQUIREMENT VARIANCE On a motion by Councilman Simpson, seconded by Councilman Norgard it was unanimously carried Resolution No. 75-13 be adopted and the Mayor and Clerk be authorized to sign same, "Resolution Of The City Council Of The City Of Ukiah Granting Parking Requirement Variance" . RESOLUTION NO. 75-14 ESTABLISHING COMMUNITY WORK EXPERIENCE PROGRAM On a motion by Councilman Wood, seconded by nouncilman Simpson it was unanimously carried Resolution No. 75-14 be adopted and the Mayor and Clerk be authorized to sign same, "Resolution Of The City Council Of The City Of Ukiah Authorizing The City Manager To Sign Contract With State Of California To Establish Community Work Experience Program" . APPROVAL OF AGREEMENT WITH 12th DISTRICT FAIRGROUNDS FOR WATER LINE CONSTRUCTION On a motion by Councilman Norgard, seconded by Councilman Simpson it was unanimously carried to approve the Agreement with the 12th District Agricultural Fairgrounds to provide for a water line extension for service to the fairgrounds. APPROVAL OF EXPENDITURE TO JOIN IN LITIGATION (FAIR LABOR STANDARDS ACT) In Fair Labor Standards Act litigation federal legislation was effective in bringing municipalities under the provisions of the Fair Labor Standards Act. In most of its provisions, the Fair Labor Standards Act requirements endorse those procedures that the city has already in effect. However, with regard to firefighter hours , the legislation will have a substantial financial impact on the city by requiring a reduction in fire work week from the current 63 hours to 56 hours over a three year period. The potentiality exists in the legislation for an even shorter work week which may well approximate a 48 hour week. The National League of Cities and a number of cities in California believe this legislation is unconstitutional and are preparing to institute legal action before the Supreme Court challenging the legality of its extension to municipalities . The City has been asked to join in this litigation and our share of the cost has been set at $200 . City Manager requested authorization for subject expenditure. Councilman Wood stated he would oppose the motion. In his opinion, if the League wants to challenge subject matter, this is their concern; but the City should not attack this statute. On a motion by Councilman Weinkauf , seconded by Councilman Simpson ] it was carried by the following roll call vote to authorize expenditure not to exceed $200 for the purpose of joining in the litigation challenging the constitutionality of the application of the Fair Labor Standards Act to municipalities. AYES: Councilman Weinkauf , Norgard, Simpson, Mayor Pearson NOES: Councilman Wood ABSENT: None RESULTS OF SPECIAL CENSUS The results of the special census taken by the State Department of Finance was set forth in a memorandum from the Director of Finance and reviewed by the City Manager. Subject report gave a breakdown of a MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH AUGUST 7 , 1974 - PAGE 5 population by age groups and persons over 65 years . The average number of households has dropped and the average age has increased. School age children are diminishing. The City requested answers to 10 special questions and each was reviewed. AIRPORT COMMISSION REQUEST FOR ESTABLISHMENT OF LAND USE RENTAL CHARGES Subject matter was considered at the July 19th meeting and action postponed at that time. City Manager stressed the importance of flexibility. In his opinion, such funds should not be earmarked. Commissioner Rea was present in the audience and stated subject recommendation came about as a result of the loss of income from the Standard Oil property. The Council and City Manager commended the Commission for the work accomplished. On a motion by Councilman NOrgard, seconded by Councilman Wood it was unanimously carried to continue the current procedure with relation to land use rentals at the airport. PROPOSED PG&E WHOLESALE ELECTRIC RATE INCREASE City Manager recommended the City join with the Northern California Power Agency to obtain a five months suspension of the wholesale rate increase proposed by PG&E. The savings to the City would amount to $51, 000. The City' s share of the cost is $1357 . City Manager recommended authorization for this expenditure. Councilman Wood questioned the second filing . He stated such action postpones the inevitable; the longer the delay the more loss of revenue. On a motion by Councilman Simpson, seconded by Councilman Norgard it was unanimously carried to authorize the City Manager to pursue with NCPA filing the appropriate appeal with the Federal Power Commission for five months suspension of the proposed wholesale power rate increase. PROPOSED TELEPROMPTER RATE INCREASE City Manager reported subject matter has been considered by the Board of Supervisors and the board has chosen to adopt a public hearing procedure prior to reaching a decision for a rate increase. Teleprompter urges Council to consider a different approach. Mr. Tom Lafercade, Teleprompter, Los Gatos was present in the audience and reviewed the hostory of Cable TV in Ukiah. He stated the company has been upgrading the system but has not asked for a rate increase prior to this time. The financial information provided Council shows a net loss. Over the last .three years the company has put back into the system in excess of what the system has made. Mr. Lafercade urged Council not to hold a public hearing, but to consider the rate increase on the information provided. Bill Borgess was present in the audience and stated, in his opinion, a public hearing waould serve a purpose. He stated that in the event a rate increase is granted, something should be added to the service. Mr. Lafercade stated any improvement in the service is covered in the franchise document, not as a result of a rate increase. A portion of the proposal by Teleprompter is use of trenches in the new subdivisions at the time other undergrounding is installed. The subdivider would be required to bear this cost. Mr. Bobby Kennedy was present in the audience and voiced his objection to such a proposal. On a motion by Councilman Wood seconded by Councilman NOrgard, MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH AUGUST 7, 1974 - PAGE 6 following roll call vote it was carried by the / to continue subject matter to the next meeting at which time a decision on the proposed Teleprompter rate increase will be made. AYES: Councilmen Weinkauf , Norgard, Wood, Simpson, Mayor Pearson NOES: None ABSENT: None MAYOR PEARSON DECLARED A RECESS AT THIS TIME - 10:35 P.M. DISCUSSION OF GARBAGE CONTRACT City Manager reported the points for Council consideration on subject matter is whether to (1) utilize the current procedure and put the contract out to bid, (2) extend the contract to 1985 as requested by the franchise holder, or (3) do neither and determine that the city make the collections. It was pointed out in the event Council chooses to extend the present contract, the existing ordinance would need to be amended prior to re-negotiation. The ordinance states the City may enter into a contract; it is permissive to the City. Mr. Jim Luther, representing Mr. Bowen of Modern Disposal was present in the audience to advise Council that if the contract is to be renegotiated Mr. Bowen is interested in making a bid. Mr. Bowen' s position is that if the existing contract is renegotiated now or later the ordinance requires that a bid be sought. Any amendment would be a new contract. Mr. Luther also stated that Attorney Fowler has a client who is also interested in bidding. Mr. Luther spoke to the City Manager' statement that subject franchise be treated like other franchises, i. e. television. In his opinion, in the case of television, there is only one company interested in providing that service and it requires fixed facilities . The situation is different with respect to subject franchise. The following persons spoke concerning subject matter: Jeanne Roundy Herb Saxon Jack Pearson There were positive comments concerning the current rate of service. Mr. Luther stated it is his understanding there have been ad hoc negotiations of this contract since its beginning. City Manager spoke to the subjects of (1) curbside service, indicating this is permissive in the contract, (2) Billing; the city receives compensation for the billing operation, (3) Disposal site, Ukiah Solid Waste is paying the City to operate said site. On a motion by Councilman Simpson, seconded by Councilman Wood it was unanimously carried to authorize the City Manager to have a document for Council consideration at the next meeting modifying the existing ordinance to provide for permissive negotiation of the garbage franchise. NOTICE OF COMPLETION FOR OAK MANOR PARK On a motion by Councilman Simpson, seconded by Councilman Norgard it was unanimously carried the paving, grading and concrete work in the Oak Manor Park be accepted as complete and the Clerk be authorized to file the required Notice of Completion. REQUEST & AUTHORIZATION TO CALL FOR BIDS FOR PARKING METER VEHICLE On a motion by Councilman NOrgard, seconded by Councilman Weinkauf it was unanimously carried to authorize the Clerk to call bids for one three wheeled parking meter enforcement vehicle, bids to be received prior to 2: 00 p.m. August 20, 1974 . MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH AUGUST 7, 1974 - PAGE 7 REQUEST & AUTHORIZATION TO CALL FOR BIDS FOR MISCL. ELECTRICAL EQUIPMENT On a motion by Councilman Simpson, seconded by Councilman Wood it was unanimously carried to authorize the Clerk to call for bids for miscellaneous electrical equipment, bids to be received prior to 2: 00 p.m. , August 20, 1974. REQUEST & AUTHORIZATION TO CALL FOR BIDS FOR FENCING AT OLD SERVICE STATION AT AIRPORT On a motion by Councilman Norgard, seconded by Councilman Wood it was unanimously carried to authorize the Clerk to call for bids for six foot chain link fence with redwood pickets at the electric shop, airport property, bids to be received prior to 2: 00 p.m. , August 20, 1974. REQUEST & AUTHORIZATION TO CALL FOR BIDS FOR REPLACEMENT EQUIPMENT On a motion by Councilman Wood, seconded by Councilman Simpson it was unanimously carried to authorize the Clerk to call for bids for backhoe loader, turf type tractor loader, and articu- lating wheel loader, bids to be received prior to 2 : 00 p.m. , August 20, 1974. REQUEST & AUTHORIZATION TO CALL FOR BIDS FOR A.C. OVERLAYS ON STREETS On a motion by Councilman Simpson, seconded by Councilman Wood it was unanimously carried to authorize the Clerk to call for bids for asphalt concrete overlays on city streets, bids to be received prior to 2: 00 p.m. , August 27, 1974. COUNCILMAN WOOD REPRESENTATIVE ON BOARD FOR CENTER FOR EDUCATION & MANPOWER RESOURCES The Director of the Center for Education & Manpower Resources has asked Council to have a representative on their Board to get unemployed people jobs. Councilman Wood will serve on said Board. . DISCUSSION OF PROPERTY FOR SALE SOUTH OF GIORNO PARK COMPLEX Mr. Felix Thornhill has made a request via the Recreation and Parks Commission to determine the City' s interest in property he owns south of the Giorno Park complex. City Manager reported the selling price is $15, 000 and requested an indication from Council as to the interest and whether or not to negotiate further. Based on the recommendation from the Recreation and Parks Commission, Council determined there is no need to negotiate further on subject matter. WRITTEN COMMUNICATION - SAM RAY RESIGNS FROM RECREATION & PARKS COMMISSION Commissioner Ray advised the Council of his resignation from the above named commission, effective August 1 , 1974, due to increased work load. WRITTEN COMMUNICATION - RE FIRE BOMBERS AT AIRPORT Council had been provided with a communication from Mr. Bruce- Crook, ruceCrook, Jr. dated July 29, 1974, wherein he commended the Council for curtailing noise pollution in certain instances throughout the city and condemned the Council for the noise pollution still permitted at the Airport where the fire fighting planes take off in a northern takeoff pattern. MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH AUGUST 7 , 1974 - PAGE 8 WESTWOOD ACRES DEDICATION OFFER BY BOBBY KENNEDY Subject matter was carried over from the last meeting at the request of Councilman Wood. Councilman Wood stated he has looked over subject property, it warrants further consideration, and requested the City Engineer formulate an opinion of the road so a decision can be made on subject matter. Councilman Norgard expressed the opinion that ideas such as this cost money, there are projects we cannot afford to consider; it does not appear this can be a non- expense item. On a motion by Councilman Norgard, secondeded by Mayor. Pearson to express thanks to Mr. Kennedy for the offer of dedication of property in Westwood Acres resulted in the following roll call vote: AYES: Councilman Norgard and Mayor Pearson NOES: Councilmen Weinkauf , Wood, and Simpson ABSENT: None On a motion by Councilman Simpson, seconded by Councilman Wood it was carried by the following roll call vote to hold subject matter over for two weeks. AYES: Councilmen Weinkauf, Wood, Simpson, Mayor Pearson NOES: Councilman Norgard ABSENT: None FEASIBILITY OF UTILITY DISCOUNTS FOR SENIOR CITIZENS Subject matter had been continued from the April 3rd meeting pending receipt of pertinent information from the recently completed census. City Manager recommended in the event the discount is granted, that the charge be against the water budget. On a motion by Councilman Wood, seconded by Councilman Weinkauf it was carried by the following roll call vote to continue subject matter two weeks at which time the framework of an ordinance for a $1. 50 per month reduction to Senior Citizens will be considered. AYES: Councilmen Weinkauf, Wood, Simpson NOES: Councilman Norgard and Mayor Pearson ABSENT: None RESOLUTION NO. 75-15 FORMULATING LEGISLATION CURTAILING CERTAIN ENVIRONMENTAL SUITS On a motion by 'Councilman Norgard, seconded by Councilman Simpson it was carried by the following roll call vote Resolution No. 75-15 be adopted and the Mayor and Clerk be authorized to sign same, "Resolution Requesting The League Of California Cities To Formulate And Present Legislation Curtailing Certain Environmental Suits" . AYES : Councilmen Weinkauf , Norgard, Simpson, Mayor Pearson NOES: Councilman Wood ABSENT: None Councilman Wood stated, in his opinion, Council should not interfere in affairs on State level - that the City has not had this problem. ADJOURNMENT Mayor Pearson adjourned the meeting at 11: 56 p.m. after which Council reconvened in Executive Session. ATTEST: Mayor F City Clerk