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HomeMy WebLinkAboutmin 1974-07-17 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH JULY 17 , 1974 - PAGE 1 The City Council convened in regular session in the Council Chambers at 8: 03 p.m. with Councilmen Norgard, Wood, Simpson, and Mayor Pearson present. Councilman Weinkauf was absent. PLEDGE OF ALLEGIANCE Councilman Wood led in the Pledge of Allegiance. APPROVAL OF MINUTES On a motion by Councilman Norgard, seconded by Councilman Wood, it was unanimously carried the minutes of the special meeting of June 12, 1974 , be approved as submitted by the Clerk. On a motion by Councilman Wood, seconded by Councilman Simpson, it was unanimously carried the Budget Hearing minutes of June 18, 1974 , be approved as submitted by the Clerk. On a motion by Councilman Wood, seconded by Councilman Norgard, it was unanimously carried the minutes of the regular meeting of June 19, 1974, be approved as submitted by the Clerk. PAYROLL WARRANTS On a motion by Councilman Norgard, seconded by Councilman Wood, it was unanimously carried the Payroll Warrants #3080 through #3220 & #2904 forthe period of June 1, 1974 to June 15, 1974, inclusive, and #3221 to #3368 inclusive for the period of June 16, 1974 to June 30, 1974 , inclusive, be approved in the total amount of $60,135. 20 and $63, 981 . 78 respectively. GENERAL WARRANTS On a motion by Councilman Wood, seconded by Councilman Norgard it was unanimously carried the General Warrants #4375 to $4412 inclusive in the total amount of $108, 572.73 be approved and ordered paid. PUBLIC HEARING-APPEAL OF USE PERMIT APPLICATION NO. 74-42 (EDWIN A. FREY, JR. ) Public hearing on subject matter was declared open at 8 : 07 p.m. City Manager reviewed Planning Commission minutes wherein subject request to conduct a law office in one room of his rented home at 530 South Dora was denied. Stipulations as recommended by the Planning Director to the Planning Commission were objected to by the applicant. Mr. Frey, in a letter dated June 14 , 1974 , re- quested a hearing date be set for appeal of subject application. Mr. Frey was present in the audience and spoke concerning the application. Applicant stated he did not have financial means to meet the conditions, but this did not mean he would not be able to meet the conditions in the near future. A map of the area in question was reviewed by applicant wherein he pointed out other pro- fessional uses in the area which in his opinion conflict with the denial of subject application. Attorney Mike Zola, Director of Legal Services and Mr. Ted Feibusch spoke in favor of subject application. Mr. Zola cited a personal experience which paralleled applicant's situation and stated stipulations imposed are too restrive and there should be an element of fairness whereby Mr. Frey is given the right to earn a living. Mr. Feibush stated he attended the Planning Commission meeting on another matter at which time subject application was considered. In his opinion, subject stipulations are unrealistic, and requested that Council give Mr. Frey some consideration. On a motion by Councilman Wood, seconded by Councilman Norgard, it was unanimously carried to grant Use Permit No. 74-42 to Edwin A. Frey, Jr. on the condition that driveway and sidewalk be completed in one year. Specific stipulations will be set forth in a resolution for considera- tion at the next meeting. MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH JULY 17, 1974 - PAGE 2 PUBLIC HEARING-PROPOSED FORMALDEHYDE PLANT Public hearing to consider the proposed formaldehyde plant adjacent to Georgia-Pacific particleboard plant north of Ukiah was declared open at 8: 25 p.m. Mr. Matt Gould, Corporate Director of Environmental Control, Georgia- Pacific Corporation was present in the audience and read a state- ment, placed on file with the Clerk, concerning subject proposal. Mr. Gould stated, in his opinion, subject matter has reached an emotional level and in view of this fact the most appropriate way to resolve the matter is to simulate a plant and ask Dr. Holtzer, the County Air Pollution Control Officer, to measure the emissions and lay it to rest to prove there will not be a problem with this plant. Dr. R. L. Holtzer was present in the audience to speak concerning subject matter and to show films to substantiate his concern with the effect the proposed plant would have in the long, narrow Ukiah Valley with the prevalent north-south winds. He gave experimental data gathered on the subject which concluded that concentrations exist and sensitive persons could thereby be irritated. Dr. Holtzer stated Mr. Gould' s challenge to put up a station is interesting , however, the problem is the experiment would have to be conducted for a year or more to be conclusive. In his opinion, technology is available to come to conclusions and arrive at decisions. Mayor Pearson stated subject hearing was for information of the Council and asked for those to speak who had technical information concerning how the City of Ukiah is effected. The following persons were present in the audience to speak concerning subject matter and to ask questions : David Maxson Edwin A. Frey Mike Zola John Green Dexter King Bobby Kennedy Susan Gordon Dr. Holtzer stated it is important to accent the positive as well as fears of the population. Mr. Gould stated that people want jobs and new jobs create an increase in population - it depands on how much the City is prepared to tolerate. Councilman Wood asked how important an increase in the number of people on a payroll was as opposed to quality of life in Ukiah - the people of Ukiah have the greatest part at stake - why should we take the risk to impede the quality of our life. Councilman Simpson stated that earlier in the meeting the Council showed concern about one man having a right to earn a living; now the Council should be concerned about many people earning a living. Councilman Norgard stated his concern was with the things that cannot be seen. Mayor Pearson stated the City and County Chambers of Commerce requested that she visit Georgia-Pacific ' s latest formaldehyde plant at Albany, Oregon. Documented letters, available for those interested, were obtained from various firms in Albany at that time. All information obtained was favorable. Councilman Norgard interjected the possibility that one industry could harm another and the Health Department should be aware of this fact. Public hearing was declared closed at 9: 55 p.m. On a motion by Councilman Simpson, seconded by Councilman NOrgard it was carried by a majority voice vote that since the proposed formalde- hyde plant is within the sphere of influence of the City of Ukiah, that findings of subject hearing be forwarded to the Board of Supervisors for their consideration and all interested persons, including agricultura: representatives, be asked to be present at the public hearing which the Board of Supervisors will conduct at a subsequent time. MAYOR PEARSON DECLARED A RECESS AT THIS POINT IN THE MEETING - 9 : 58 p.m. MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH JULY 17, 1974 - PAGE 3 RESOLUTION NO. 75-1 DELEGATING AUTHORITY TO DETERMINE DISABILITY FOR RETIREMENT PURPOSES TO THE CITY MANAGER On a motion by Councilman Simpson, seconded by Councilman Norgard it was unanimously carried Resolution No. 75-1 be adopted and the Mayor and Clerk be authorized to sign same, "Resolution Of The City Council Of The City Of Ukiah Delegating Authority To Determine Disability For Retirement Purposes To The City Manager" . RESOLUTION NO. 75-2 STATING INTENTION TO ABANDON PROPERTY DEDICATED FOR STREET PURPOSES (FEIBUSCH SUBDIVISION) On a motion by Councilman Simpson, seconded by Councilman Wood, it was unanimously carried Resolution No. 75-2 be adopted and the Mayor and Clerk be authorized to sign same, "Resolution Of The City Council Of The City Of Ukiah Stating Its Intention To Abandon Cer- tain Property Dedicated For Street Purposes" . RESOLUTION NO. 75-3 APPROVING APPLICATION FOR GRANT FUNDS (TENNIS COURTS & SOFTBALL FIELD) On a motion by Councilman Simpson, seconded by Councilman Wood, it was unanimously carried Resolution No. 75-3 be adopted and the Mayor and Clerk be authorized to sign same, "Resolution Of The City Council Of The City Of Ukiah Approving The Application For 1974 State Grant Funds (Tennis Courts And Softball Field Project) " . RESOLUTION NO. 75-4 AUTHORIZING SIGNATURE OF MAYOR & CLERK TO HOLD HARMLESS AGREEMENTS (STATE OF CALIF. & SIS-Q-FLYING SERVICE) On a motion by Councilman Norgard, seconded by Councilman Simpson it was unanimously carried Resolution No. 75-4 be adopted and the Mayor and Clerk be authorized to sign same, "Resolution Of The City Council Of The City Of Ukiah Authorizing Signature Of Mayor And Clerk To Hold Harmless Agreements (State Of California And Sis-Q- Flying Service) " . RESOLUTION NO. 75-5 IN SUPPORT OF NCO APPLICATION FOR FUNDING FOR SOCIAL PLANNING UNIT On a motion by Councilman Wood, seconded by Councilman Simpson it was unanimously carried Resolution No. 75-5 be adopted and the Mayor and Clerk be authorized to sign same, "Resolution Of The City Council Of The City Of Ukiah In Support Of Northcoast Opportunities Application For Funding For a Social Planning Unit" . AWARD OF BID FOR GRAZING LEASE TO ARNOLD LARSON, 216 W. HENRY City Manager reviewed bids received for grazing and feeding lease on approximately 17 acres of land located generally on the south- east side of the Municipal Airport as follows : Donald Reeves, $125/year Tim Holliday, $250/year Arnold Larson, $262/year On a motion by Councilman Norgard, seconded by Councilman Simpson it was unanimously carried to award the grazing lease at the airport to Arnold Larson, 216 West Henry, in the total amount of $262. 00 per year. TAINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH JULY 17, 1974 - PAGE 4 AWARD OF BID FOR TALMAGE ROAD WATER MAIN EXTENSION TO PAUL T. HAWKINS, SANTA ROSA City Manager reviewed bids received for subject bid as follows : Paul T. Hawkins, Santa Rosa $50, 672. 50 Lin W. Ford, Ukiah $56 , 950. 00 It was recommended the bid be awarded to Paul T. Hawkins, Santa Rosa conditioned on receipt of an additional deposit from the Hospitality House, after which the Mayor and Clerk be authorized to sign the agreement. It was reported the deposit made to date is $17, 600. On a motion by Councilman Norgard, seconded by Councilman Simpson it was unanimously carried to award the bid for construction of the Talmage Road Water Main Extension to Paul T. Hawkins based on the recommendation stated above. AWARD OF BID FOR A.C. PIPE REJECTED City Manager reviewed bids received for 1370 feet of 12" AC pipe as follows: Bell Industries, Santa Rosa $6927 . 82 No Bid Bond Water Works Supply, Santa Rosa $6954 . 67 Price Escalation Stipulated City Manager reported that inasmuch as a firm price was not bid, his recommendation would be to reject all bids and obtain on the open market, getting the amounts possible from each supplier. On a motion by Councilman Norgard, seconded by Councilman Wood it was unanimously carried to reject the bids received for 1370 feet of 12" AC pipe and authorize purchase on the open market as recommended by the City Manager. PUBLIC HEARING DATE SET - PREZONE CHANGE APPLICATION NO. 74-44 KENNEDY HOMES) On a motion by Councilman Simpson seconded by Councilman Wood, it was unanimously carried to set the public hearing for PreZone Change Application No. 74-44 (Kennedy Homes) for August 7 , 1974, BAD DEBT WRITE-OFFS City Manager reported subject write off is . 352% of the total utility accounts and is slightly less than last years write off. On a motion by Councilman Norgard, seconded by Councilman Wood, it was unanimously carried to approve the 1973-74 write off of bad debts as recommended. REQUEST & AUTHORIZATION TO CALL FOR BIDS FOR GOBBI STREET IMPROVEMENT On a motion byCouncilman Simpson, seconded by Councilman Norgard it was unanimously carried to authorize the Clerk to call for bids for construction of the Gobbi Street improvement project, pending receipt of required clearance from state and federal agencies concerned. Mayor Pearson abstained. OFFER OF DEDICATION OF 15 ACRES WESTWOOD ACRES MINOR SUBDIVISION Subject property is offered by Kennedy Homes for dedication to the City for open space purposes. Mr. Bobby Kennedy was present in the audience and spoke regarding subject proposal. It was pointed out MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH JULY 17, 1974 - PAGE 5 that while acquisition of subject property is consistent with one of the goals expressed by the General Plan, it should be pointed out that the property would be removed from the tax rolls and the City would assume the liabilities of ownership which could be significant in the event of fire followed by flooding. Council indicated concern with the liability the city would assume with this proposal. It was suggested that input from the + Planning Commission be obtained. On a motion by Councilman Wood, seconded by Councilman Simpson it was unanimously carried to continue the matter to the next meeting to allow time for Council to look at the site. REPORT ON DRAINAGE & SLIDE PROBLEM ABOVE HIGHLAND COURT City Manager reviewed a memorandum dated July 12, 1974, from the Director of Public Works concerning subject matter. The Soil Conservation Service is working with the property owner advising of corrective steps for the slide area. The plan is to divert the water to another area. There is a need for a method of control to keep vehicles out of the area. AIRPORT COMMISSION RECOMMENDATION RE LAND USE BY OTHER ENTITIES AT AIRPORT Airport Commissioners William Carter, Don DuPertuis, and Felix Thornhill were present in the audience to speak to subject recommendation. It is the consensus of the commission that inas- much as the airport is an enterprising activity, it is the position of the commission that a fair rental rate for land use by other entities should be established and paid from the other funds to the Airport account. Council will consider the matter further at a subsequent meeting. APPROVAL OF AIRPORT COMMISSION RECOMMENDATION RE TIE-DOWN FEES On a motion by Councilman Norgard, seconded by Councilman Wood it was unanimously carried that tie-down fees at the airport be charged from the first night of tie-down. The policy has been for two free nights parking to all transient aircraft. PETITION SUPPORTING GULF OIL STATION FOR FIRE STATION City Manager reported receipt of a petition containing 150 signatures in support of the Gulf Oil Station for a fire station. APPLICATION TO FIRE DISTRICT TO ANNEX PORTION OF STATE HOSPITAL PROPERTY City Manager reported the Fire District has an application to - annex 234 acres of the former State Hospital property to the fire district. The request is to include the buildings only and to exclude the land which is agricultural. It was the opinion of Council that the District Board should ask the owner to annex the entire property rather than just the portion with the buildings on it. MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH JULY 17, 1974 - PAGE 6 HOTEL-MOTEL TRANSIENT OCCUPANCY TAX basis of City Manager reported the budget is adopted on the/receipt of a 6% hotel-motel transient occupancy tax, final action pending action by the County on subject matter. The County has determined the rate to remain at the current 5% rate. Subject matter will be an agenda item at the next meeting of the Council. JACK PEARSON Mr. Jack Pearson spoke to the proposed formaldehyde plant and requested Council send the Chamber of Commerce a point of direction regarding new businesses coming into the area. In his opinion, the proposed formaldehyde plant would have a minimal impact on the environment. If it is determined to be unsafe then a direction of the type industry which does not pollute would be in order. MAYOR PEARSON Mayor Pearson reminded Council of the League meeting in Eureka this weekend. Mayor Helen Putnam of Petaluma would like to have copies of resolutions to present for consideration at the annual conference in October. If there are any suggestions, Council may advise Mayor Pearson. ADJOURNMENT Mayor Pearson adjourned the meeting at 11 : 15 p.m. , after which Council reconvened in Executive Session. RESOLUTION NO. 75-6 APPOINTING MEMBER TO PLANNING COMMISSION (LEE SANDELIN) On a motion by Mayor Pearson, seconded by Councilman Wood, it was unanimously carried Resolution No. 74-6 be adopted and the Mayor and Clerk be authorized to sign same, "Resolution of the City Council of The City Of Ukiah Appointing Member to Planning Commission (Lee Sandelin) " . cxtox Mayor ATTEST: City Clerk