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HomeMy WebLinkAboutmin 11-21-73 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH NOVEMBER 215 _1973 - PAGE 1 The City Council convened in regular session in the Council Chambers at 8 : 04 p .m. with Councilmen Weinkauf , Norgard , Pearson, and Mayor Simpson present . Councilman Buxton was absent . INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Mr . Jeff Simpson and Councilman Pearson led in the Pledge of Allegiance. APPROVAL OF MINUTES On a motion by Councilman Norgard , seconded by Councilman Pearson it was unanimously carried the minutes of the meeting of November 7th and 5th, 1973 , be approved as submitted by the Clerk. PAYROLL WARRANTS On a motion by Councilman Pearson, seconded by Councilman Weinkauf it was unanimously carried Payroll Warrants # 17 to #1064 inclusive for the period of October 16th to October 31, 1973 , inclusive be approved in the total amount of $63 , 521 . 52. GENERAL WARRANTS On a motion by Councilman Weinkauf , seconded by Councilman Norgard it was unanimously carried General Warrants #2869 to #3014 inclusive in the total amount of $190 , 883 . 45 be approved and ordered paid . CONTINUATION OF PUBLIC HEARING RE UKIAH VALLEY TRAP CLUB City Attorney reported progress toward removal of the trap club from its present location and efforts made to date in trying to obtain land have been unsuccessful . Councilman Buxton has also spent time with the representatives of said club in an effort to obtain a site in Mendocino and Lake Counties . Attorney Jim Luther , representing the opposition, stated he appreciates efforts made to date in trying to solve subject problem, that three months have passed since the problem was brought to the attention of the Council in the form of a public hearing , that he had been hopeful plans for removal of the club could be worked out before beginning of the next season, that the people he represents are expecting that the noise will not last , and that he is in hopes that something can be done by the next meeting . On a motion by Councilman Norgard , seconded by Councilman Pearosn, it was unanimously carried to continue the public hearing regarding the Ukiah Valley Trap Club to December 19, 1973 . PUBLIC HEARING RE AMENDMENT TO GENERAL PLAN (OAK MANOR SUBD. #3) On a motion by Councilman Norgard , seconded by Councilman Pearson it was unanimously carried to consider an amendment to the General Plan of Land Use after which Agenda Item No . 6 will be considered (Consideration of the Tentative Map of Oak Manor Subdivision No . 3) . City Manager stated subject public hearing is to consider an amend- ment to the Ukiah General Plan of Land Use in the area northerly of Oak Manor School and between U. S . 101 and Oak Manor Drive from single family residential to multiple family residential in order to bring the general plan into conformance with exisitng zoning . Planning Commission minutes dated April 5 , 1973 , May 3 , 1973 , August 2, 1973 , September 6, 1973, and October 4 , 1973 , wherein subject matter was considered had been distributed to the Council . Planning Commission Resolution No . 73-9 recommending an amendment to the General Plan had also been furnished the Council for their review. MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH NOVEMBER 21, 1973 - PAGE 2 Public hearing was declared open at 8 : 14 p .m. Those present in the audience who spoke concerning subject matter were as follows : John Green Marilyn Zensen Dick Rea Phyllis Rice W. 0. Murphy Bob Axt Bobby Kennedy Guy Connolly Those who spoke in opposition to the amendment to the General Plan expressed concern with the impact the multiple dwellings would have on Oak Manor School . Mr . Green reported the Oak Manor PTA had authorized its President to express their concern of subject matter to the Council and to circulate a letter of information dated 11-21-73 which had been signed by 175 people who have children in the Oak Manor School. Said letter was read and placed on file. The opinion of the opposition was that the amendment to the general plan as proposed would result in an influx of families with school aged children, thus creating a need for double sessions at this school . Such a situation, in their opinion, would make it difficult to maintain the interest and motivation of the young children. The result would be a penalty to the children in the area . Supt . W. 0 . Murphy stated the Board of Education has taken no position on subject matter , is concerned , and will be consider- ing the matter at a subsequent board meeting . The schools have tried to solve their problems and are going to have to continue to ask for relief . Attorney Leo Cook, representing the developer stated in his opinion the arguments presented are irrevelent ; subject matter has no direct tie-in with education. Approval of the proposal does not represent a potential increase in population. In the last 10-12 years the County has not had an increase in population. Avail- ability of these homes will result in reshifting of people already here. Mr . Cook stated the developer has been at this project for over a year , has scaled down the number of units as required , the development will not result in a hardship to the schools , and asked that the Council give favorable consideration to the request . Public hearing was declared closed at 8 : 50 p .m. Mayor Simpson stated that in certain areas developers have been required to provide open space for school purposes, and if these types of requirements had been placed after the fact . City Attorney ' s answer was negative. Mayor Simpson asked what are the needs of the community as far as multiple family and single family housing is concerned . City Manager read from a report prepared by Lampman and Associates , the firm preparing the General Plan for the City, which stated Ukiah has fewer housing units in multiple unit structures than others in the State. The report also stated the average age of houses in Ukiah is old compared to other parts of the State. _. Council also pointed out that the park in the vicinity of Oak i Manor School was purchased to provide open space in the area . It was also pointed out that the problem considered at this meeting is a school board problem, it has been considered before , has gone back to the Planning Commission and is now back. This matter is a question for the city to look at as to the manner in which it affects the City. Council action is set forth in the following resolution. MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH NOVEMBER 21, 1973 - PAGE 3 RESOLUTION NO. 74-29 AMENDING THE GENERAL PLAN On a motion by Councilman Pearson, seconded by Councilman Weinkauf i. _ it was carried by the following roll call vote Resolution No . 74-29 be adopted and the Mayor and Clerk be authorized to sign same, "Resolution Of The City Council Of The City Of Ukiah Amending The General Plan" . ABSENT : C/Buxton AYES : Councilmen Weinkauf , Norgard ,Pearson, Mayor Simpson.NOES :None MAYOR SIMPSON DELCARED A RECESS AT THIS POINT - 9 : 00 P .M. APPROVAL OF TENTATIVE MAP OAK MANOR SUBDIVISION NO . 3 City Manager gave a chronological summary of the progress of the consideration of subject map : May 1971 City Council rezones property from R-1 to R-2 & C-1 . April 5, 1973 First Planning Commission review May 3 , 1973 Planning Commission recommends approval of 102 units . July 18 , 1973 City Countil rejects tentative, referred back to Planning Commission. August 2 , 1973 Planning Commission refers to staff Sept . 6, 1973 Planning Commission reviews and continues to next meeting . October 4 , 1973 Planning Commission approves E . I .R. and recommends tentative map with 76 units . Nov. 1, 1973 Planning Commission recommends amendment of General Plan Nov. 21, 1973 Public hearing before Council to consider amendment of General Plan and Tentative Map . The developer, Mr . Bobby Kennedy reviewed subject map and changes made in accordance with City Council and Planning Commission re- quirements . Mr . John Green inquired as to the length of the cul de sac proposed and if consideration had been given to traffic from this area empyting out on Oak Manor Drive. It was pointed out that the treatment of the cul de sac meets provisions of the Ukiah Municipal Code. Mr. Norgard asked if the proposed subdivision were to be single family as opposed to multiple family dwellings , would there be less density as it relates to number of children . Mrs . John Green stated statistics available to her indicates 1 . 8 children per grade school family . The Lampman and Associates report stated there were fewer people in rental than in owner-occupied homes in Ukiah. Councilman Norgard brought up the question of drainage in subject area - whether or not Gibson Creek can carry the water run off , what are the plans to take some of this water down Gobbi , how much additional blacktop before this creates a problem that has to be solved . City Manager stated the problem is money. The capital improvement program which is being typed proposes a drainage section and what can be done with the money available . Council action on subject manner is reflected in the following resolution . RESOLUTION NO. 74-30 APPROVING TENTATIVE MAP FOR OAK MANOR SUBD . NO . 3 On a motion by Councilman NOrgard , seconded by Councilman Pearson it was carried by the following roll call vote Resolution No . 74-30 be adopted and the Mayor and Clerk be authorized to sign same , "A Resolution Of The City Council Of The City Of Ukiah Approving The Tentative Map For Oak Manor Subdivision Unit No . 3" AYES : Councilmen Weinkauf , Norgard , Pearson, Mayor Simpson NOES : None ABSENT : Councilman Buxton a MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH NOVEMBER 21 , 1973 - PAGE 4 INTRODUCTION OF ORDINANCE NO . 653 AMENDING CODE BY ADDING TO PROVIDE UNIFORM PROCEDURES FOR AMENDMENT OF UTILITY RATES On a motion by Councilman Pearson, seconded by Councilman Norgard it was unanimously carried to introduce by title Ordinance No . 653 , "An Ordinance Of The City Of Ukiah Amending The Ukiah Municipal Code By Adding Chapter 3 To Division 4 Utilities To Provide Uniform Procedures For Amendment Of Utility Rates And Adding Section 2156 To Division 2 Of The Ukiah Municipal Code" . APPROVAL OF APPROPRIATION OF FUNDS FOR FOLDER-SORTER City Manager requested approval to purchase a folder-sorter machine as a supplemental appropriation of $2, 172 . 45 . Said machine will be used to mail utility bills and return envelopes , monthly newsletter , and other information as needed , to citizens . On a motion by Councilman Pearson, seconded by Councilman Norgard it was unanimously carried to appropriate $2200 for the folder- sorter machine. CLAIM FOR DAMAGES DENIED JACK C. ROBERSON, 115 BLUEBONNET DRIVE City Attorney reviewed subject claim in the amount of $125 . 00. Claimant alleges sewer stoppage resulted at the time fencing was constructed around the airport property when a steel post was set and concreted into the sewer line on his property. City Attorney stated claimant submitted no substantiating information with claim and recommended it be denied and referred to the insurance carrier . On a motion by Councilman Weinkauf , seconded by Councilman Pearson it was unanimously carried to deny and refer the claim for damages to the insurance carrier which was filed by Jack C . Roberson, 115 Blue Bonnet Drive. CHANGE IN DATE OF GENERAL MUNICIPAL ELECTION Due to a change in legislation, the Ukiah General Municipal Election will be held March 5 , 1973 . RELOCATION OF COUNCIL CHAMBERS APPROVED Councilman Norgard made a motion that the Council Chambers remain at its present location. The motion died for lack of a second . Councilman Norgard made a motion to postpone consideration of subject matter until Councilman Buxton ' s return. The motion died for lack of a second . City Manager reported proposed relocation of the Council Chambers is the Choral Room at the Mendocino Community College. There will be no charge for use of the facility . City Manager explained some of the problems in City Hall housing is proposed to be remedied in the 1974-75 portion of the Capital Improvement Program. On a motion by Councilman Pearson, seconded by Councilman Weinkauf it was carried by the following roll call vote to approve the relocation of the City meetings to Mendocino Community College and the City Manager be directed to meet with college representatives to work out details . AYES : Councilmen Weinkauf , Pearson, Mayor Simpson . NOES : Councilman Norgard ABSENT : Councilman Buxton MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH NOVEMBER 21 , 1973 - PAGE 5 Mayor Simpson asked questions pertaining to the Fire Department . City Manager will provide Council with written response. The City Attorney explained the restrictions placed by OSHA and enumerated the results an agency can suffer for non compliance . ._..__.. Councilman Norgard stated he can understand arguments presented , how- ever, in his opinion it is not necessary to get "out in front" too soon. It is a matter of what you can afford . Legally, penalties could result , but it hasn' t . AWARD OF BID FOR A. C . OVERLAYS TO PARNUM PAVING City Manager reviewed the bids received for subject work on Evans , Empire Drive, Mendocino Drive, Mendocino Place, South Dora Street , North Dora Street as follows : Parnum Paving $142887 . 50 Mendocino Aggregates , Willits $192850 . 00 It was recommended the bid be awarded to Parnum Paving . On a motion by Councilman Norgard , seconded by Councilman Weinkauf it was unanimously carried to award the bid for asphalt concrete overlays on city streets to Parnum Paving as recommended , in the total amount of $14, 887 . 50 . REQUEST & AUTHORIZATION TO CALL FOR BIDS FOR FENCING AT ANTON STADIUM On a motion by Councilman Norgard , seconded by Councilman Weinkauf , it was unanimously carried to authorize the City Clerk to call for bids for installation of fencing at Anton Stadium, bids to be received prior to 2 : 00 p .m. December 11 , 1973 . COUNCILMAN PEARSON Councilman Pearson reported receipt of a letter from the Mayor of Petaluma requesting a donation toward their defense in litigation in which the City of Petaluma is involved regarding the power of cities to regulate development through the issuance of building permits . Councilman Pearson suggested an amount of $50 be considered . On a motion by Councilman Pearson, seconded by Councilman Norgard it was carried by the following roll call vote to approve an appropriation of funds in the amount of $50 to the City of Petaluma for the purpose recommended by Councilman Pearson. AYES : Councilmen Norgard , Pearson and Mayor Simpson. NOES : Councilman Weinkauf ABSENT: Councilman Buxton. COUNCILMAN WEINKAUF Councilman Weinkauf requested an explanation of the increase in the building permits for October . It was explained that the rush was to get ahead of the recent change in charges . COUNCILMAN NORGARD Councilman Norgard referred to the fencing which will be installed around Anton Stadium and stated he would like to see the facility utilized to its best advantage and would be willing to see some funds go toward this purpose. He stated further that he would like to continue to work with the High School in...joint use of the facility. Supt . W. 0 . Murphy stated he was in support of Councilman Norgard ' s statement and that he would welcome a plan for joint use of some of the area adjoining Yokayo School . MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH NOVEMBER 21, 1973 - PAGE 6 MAYOR SIMPSON Mayor Simpson referred to the speed zones established at the last meeting and indicated his desire- to see that Orchard Avenue is posted . ADJOURNMENT Mayor Simpson declared the meeting adjourned at 10: 24 p .m. after which the Council reconvened in Executive Session. t r Mayor ATTEST: City Clerk