HomeMy WebLinkAboutmin 08-15-73 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH
AUGUST 15, 1973
The City Council convened in regular session in the Pomolita
Gymnasium at 8 : 05 p.m. with Councilmen Weinkauf , Norgard,
Buxton, Pearson, and Mayor Simpson present.
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by the Reverend Mr. Elmer Schmitt and
Councilman Buxton led in the Pledge of Allegiance.
APPROVAL OF MINUTES
On a motion by Councilman Buxton, seconded by Councilman Pearson
it was unanimously carried the minutes of the meeting of
August 1, 1973, be approved as submitted by the Clerk.
PUBLIC HEARING RE UKIAH VALLEY TRAP CLUB
Mayor Simpson declared this as the time and place for public
hearing on subject matter. Councilman Buxton reviewed steps
taken to arrive at an amicable solution to the objectionable
noise Rogina Heights residents allege the Trap Club creates.
Toward this end, the possibility of relocation to another city
owned parcel has been considered. Representatives of the Club
and the Rogina Heights area were stationed at various locations
for an hour on this date to report the noise impact while actual
shooting was underway at the proposed location. Said reports
were favorable, however, members of the Trap Club have agreed to
have a shoot Saturday, August 18th at 10 : 00 a.m, at said location
to determine what the noise factor might be. To allow time for
the results of said shoot and the determination of the economic
feasibility of said relocation, Councilman Buxton requested that
the matter be continued to September 19, 1973 .
Jim Luther, Attorney for the Rogina Heights residents was present
in the audience, expressed his thanks to the Council for their
cooperation, and stated he had no objection to continuing
subject matter to September 19th.
Mike O'Donnel, Attorney for the Trap Club was present in the
audience and stated he was agreeable to come prepared for con-
tinuation of the public hearing on September 19th. Mr. O 'Donnel
stated there was a lease contract with the city five years ago
and the Trap Club members have put in many hours of work by
constructing improvements in the approximate amount of $30,000
based on a future lease continuing.
Mr. Ken Jamieson, Mendocino County Chamber of Commerce Manager
was present in the audience to present the results of a survey
which reflected economic benefits from the Trap Club. Mr.
Jamieson explained the County Chamber has taken no position re-
garding subject matter.
Mr. George Sullivan, Rogina Heights resident congratulated Council
on the action to date regarding subject matter.
On a motion by Councilman Norgard, seconded by Councilman Pearson
it was unanimously carried to continue public hearing regarding
Ukiah Valley Trap Club to September 19, 1973 .
PAYROLL WARRANTS
On a motion by Councilman Weinkauf, seconded by Councilman Norgard,
.it was unanimously carried Payroll Warrants #5051 to #5100 inclusive
and #101 to #205 inclusive for the period of July 16th to July 31,
1973, inclusive be approved in the total amount of $65, 937 . 60.
MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH
AUGUST 15, 1973 - PAGE 2
GENERAL WARRANTS
On a motion by Councilman Pearson, seconded by Councilman Buxton
it was unanimously carried General Warrants #2327 to #2469
inclusive in the total amount of $163, 570. 04 be approved and
ordered paid. --�-
PUBLIC HEARING ZONE CHANGE APPLICATION
NO. 73-31 (JACK D. FRANKS) CONTINUED
Public hearing on subject matter was continued to October 3 ,
1973, at the request of applicant.
ORDINANCE NO. 642 (ZONE CHANGE APPLICATION
NO. 73-35, MAURICE COX ADOPTED
On a motion by Councilman Buxton, seconded by Councilman Weinkauf,
it was carried by the following roll call vote to adopt
Ordinance No. 642 and the Mayor and Clerk be authorized to sign
same, "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 C-2 and CM Zones to M Zone
(Zone Change Application No. 73-35, Maurice Cox) " .
AYES:Councilmen Weinkauf, Norgard, Buxton, Pearson, Mayor Simpson.NOES :None
ORDINANCE NO. 643 (ZONE CHANGE APPLICATION ABSENT: NONE
NO. 73-20, UKIAH GENERAL HOSPITAL) ADOPTED
On a motion by Councilman Pearson, seconded by Councilman Buxton
it was carried by the following roll call vote to adopt _:
Ordinance No. 643 and the Mayor and Clerk be authorized to sign
same, "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 R-1 and R-2 Zone To R-3 Zone
(Zone Change Application No. 73-20, Ukiah General Hospital) " .
AYES: Councilmen Weinkauf, Norgard, Buxton, Pearson, Mayor
Simpson.
NOES: None
ABSENT: None
ADOPTION OF ORDINANCE NO. 644 (ZONE
CHANGE APPLICATION NO. 73-28, INITIATED
BY PLANNING COMMISSION)
On a motion by Councilman Norgard, seconded by Councilman Buxton
it was carried by the following roll call vote to adopt
Ordinance No. 644 and the Mayor and Clerk be authorized to sign
same, "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 R-1 and R-2 Zone To R-3 (Zone
Change Application No. 73-28 Initiated by Planning Commission) " .
AYES: Councilmen Norgard, Buxton, Pearson, Mayor Simpson.
NOES: Councilman Weinkauf
ABSENT: None
DISCUSSION OF PROPOSED - -
ORDINANCE NOS. 645, 646, 647
IMPOSING DEVELOPMENT FEES
The City Manager reviewed proposed Ordinance No. 645 scheduled
for consideration at this time and briefly explained its purpose.
Attorney Barry Wood, representing some of the contractors and
realtors, requested that subject matter be postponed to a later
hour in the meeting. He had anticipated the Trap Club dis-
cussion would continue a longer period of time and had so ad-
vised his clients.
MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH
AUGUST 15, 1973 - PAGE 3
Attorney Charles Mannon, representing the Contractors ' Association
requested Council consider continuing subject discussion a month
to allow time to determine the effect of the ordinance.
Attorney Dick Burton stated this group of ordinances will have
a significant impact on contractors in the city and requested
additional time for an opportunity to study the ordinances. He
requested a public hearing be scheduled 60 days from this date.
Councilman Norgard stated he was of the opinion the matter
should be resolved at this meeting, and was agreeable to wait
until 9: 00 p.m. to allow other interested parties to arrive,
but he was not agreeable to postpone the matter to another meeting.
Councilman Buxton stated that in his opinion a postponement of
one month is reasonable. Councilman Pearson agreed with Council-
man Norgard's position and stated further that subject matter
has been brought up at League of California Cities meetings
throughout California, the proposed schedule is lower than other
cities of comparable size, and that people are coming into Ukiah
from other areas and Council should look ahead to be prepared for
them and avoid the pitfalls of other California cities. Council-
man Weinkauf agreed with Councilman Norgard' s position.
Discussion of subject matter will be continued later in the meeting.
RESOLUTION NO. 74-16 APPROVING
AGREEMENT WITH UKIAH CHAMBER OF COMMERCE
On a motion by Councilman Weinkauf, seconded by Councilman Pearson
it was unanimously carried Resolution No. 74-16 be adopted and
the Mayor and Clerk be authorized to sign same, "Resolution Of
The City Of Ukiah Authorizing Execution Of An Agreement For
Promotional Services With The Greater Ukiah Chamber Of Commerce" .
RESOLUTION NO. 74-17 AMENDING
THE CLASSIFICATION PLAN
On a motion by Councilman Norgard, seconded by Councilman Buxton
it was carried by the following roll call vote Resolution No.
74-17 be adopted and the Mayor and Clerk be authorized to sign
same, "A Resolution Of The City Council Of The City Of Ukiah
Amending The Classification Plan" .
AYES : Councilman Weinkauf, Norgard, Buxton, Pearson, Mayor Simpson
NOES: None
ABSENT: None
PUBLIC HEARING FOR OLD SLAUGHTER
HOUSE PROPERTY RESET
The City Attorney requested that public hearing to abate the
Old Slaughter House property be reset for September 19, 1973,
because of failure to secure the required returned receipt from
the . property owner prior to the previously set public hearing date.
r.. _._.. On a motion by Councilman Norgard, seconded by Councilman Pearson
it was unanimously carried to reset public hearing date for abatement of
Old Slaughter House property to September 19, 1973 .
REPORT OF BIDS RECEIVED FOR
WOODEN HANGARS AT AIRPORT
City Manager reported no bids were received for subject bid and
recommended authorization to negotiate at the best terms available.
On a motion by Councilman Weinkauf, seconded by Councilman Norgard
it was unanimously carried to authorize the City Manager to negotiate
for demolition of wooden hangars at the airport.
W
MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH
AUGUST 15, 1973 - PAGE 4
BID AWARD FOR STREET LIGHT POLES &
FIXTURES TO MAYDWELL & HARTZELL &
INDUSTRIAL ELECTRIC SERVICE CO.
City Manager reviewed the tabulation of bids received for
subject equipment and recommended the award be made to the - -
low bidder as circled on the tabulation:
Maydwell & Maydwell & Indus. Consoli- Westing-
Hartzell Hartzell Electric dated house
27 Style King A
250 W Merc Fix. No Bid $2725. 80 2361. 15 2435. 40 $2732. 40
-'1
27 MP-28 Photo
Controls or = $121. 50 162. 00 155. 79 205. 20 207 . 90
27 Steel Poles
15 Ft. No Bid 2690 . 55 1960. 20 2353 . 05 1989. 90
Alternate
Per Spec. except finish
textured alum. acrylic
enamel 2521. 80
27 Poles, Fiberglass
20 ' for direct burial
No base required from Western Power Products, $1728. 00. (This company
did not bid any of the other items.
Sales Tax not included in any items.
On a motion by Councilman Weinkauf, seconded by Councilman
Pearson, it was unanimously carried to award the bid for light
poles and fixtures as recommended.
REPORT OF BID RECEIVED FOR OAK
MANOR PARK IMPROVEMENTS
City Manager reported only one bid was received for subject
project. Said bid was in the total amount of $78, 699 . 20 from
Hand and Hawkins, Cotati. The bid was double the engineer ' s
estimate. It was recommended the bid be rejected and reschedule
a new bid call September 4, 1973 , 2: 00 p.m.
On a motion by Councilman Pearson, seconded by Councilman Buxton
it was carried by the following roll call vote to reject the
bid from Hand and Hawkins, Cotati, and rebid the project as
recommended, said bid call to be prior to 2 : 00 p.m. , September 4 ,
1973 .
AYES: Councilmen Weinkauf, Norgard, Buxton, Pearson, Mayor
Simpson.
NOES: None
ABSENT: None
REPORT OF BIDS RECEIVED FOR
EMERGENCY STANDBY ENGINE
City Manager reviewed the following tabulation of bids received
for subject equipment and recommended all bids be rejected be-
cause of irregularities and authorize negotiation with Rainbow
Irrigation &Equipment Company for a less elaborate piece of
equipment than bid.
Rainbow Irrigation $15, 200. 40
Ukiah Hardware Company $13 , 859 . 50 (Insufficient bid bond)
On a motion by Councilman Norgard, seconded by Councilman Pearson
it was unanimously carried to reject all bids authorize nego-
tiation with Rainbow Irrigation & Equipment Company in the to
amount of $14 ,301. 52 as recommended. total
MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH
AUGUST 15, 1973 - PAGE 5
APPROVAL OF AGREEMENT & GRANT
OF EASEMENT (ALEX THOMAS)
City Manager reported subject easement is necessary for the
City to run connecting water line from the Ranney Collector
line over to the Perkins Street line. Said easement has been
executed by Alex R. Thomas and is recommended for approval.
On a motion by Councilman Pearson, seconded by Councilman Weinkauf
it was unanimously carried to approve subject Agreement and Grant
Of Easement and authorize the Mayor and Clerk to sign same.
CONTINUATION OF DISCUSSION OF
PROPOSED ORDINANCE NOS . 645, 646, 647
Further discussion of the three ordinances continued. City
Manager reported said ordinances propose to meet the need for
capital improvements in the city. The intent is not to stop
growth but to be ready for it when it occurs. A city must have
facilities to serve the people. These facilities cost money to
provide and maintain. Funds must be raised for this purpose and
it can be done in one of several ways - 1) by tax rate on
existing residences, 2) bond issue, 3) provide facilities for
established residents - expansion of facilities to be paid by
new residents. City Manager reviewed the status of the City' s
Sewage Treatment Plant and water storage facilities, indica-
ting the facilities are adequate to meet the immediate needs of
the city. However, the Sewage Treatment Plant has reached its
wet weather capacity and will come under more severe restrictions
�- established by the Environmental Protection Agency and State Water
Resources Agency each year. The water storage should be doubled
to provide for emergency pumping capacity. Fees from the proposed
ordinances will assure this needed expansion.
Councilman Buxton reported that in his opinion these ordinances
are severe and more time is needed to get additional information.
He shares the belief that people should be expected to pay
their share, however, the people interested in this should
represent the whole population and not just a segment of the
population. He stated he would like to know what the city' s
expected growth would be and the timetable for expansion of
facilities we have now, and the amount of money the ordinances
would generate.
Councilman Norgard referred to the water shortage the city had
several years ago. To meet this need, the Ranney Collector
was constructed with money the City had available in a fund
from the sale of the gas system. The City met the need then
and the intent now is to continue to provide for the needs of the
residents and in his opinion the persons causing the need to
exist are the ones to pay for said need. Councilman Weinkauf
stated he was in accord with Councilman Norgard ' s comments that
action should be taken now and the ordinances should be adopted.
Councilman Pearson stated action taken by the Council is always
..m._ to the best of their ability, and that if need be, the matter
could be looked at again in six months .
Attorney Dick Burton expressed a need for the showing of com-
parative figures to justify these proposed large fees . He
alleged that five days notice was given concerning subject
matter and requested an opportunity to present evidence, facts ,
and figures.
Attorney Charles Mannon asked various questions of the Council -
the amount of fee increase, the manner in which the fees were
determined, agencies with whom the matter has been discussed and
could other dollar amounts be considered.
A
MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH
AUGUST 151 1973 - PAGE 6
Councilman Norgard stated he wished to represent the people
to the best of his ability and that if these fees are determined
at a later date to be wrong, the Council could examine the
matter closely at budget time next year.
The following persons were present in the audience and expressed
the following opinions:
1) Ray Worster, 119 South Spring, stated he was speaking as
a taxpayer and in his opinion the capital improvement ordinance
could raise the assessed valuation of properties, require some
established residents to be effected by the increased fees in
the event it became necessary to build on a lot that had
heretofore been vacant, and expressed a need for an exemption
provision in the ordinance in the event a home is destroyed by
fire.
575 Spanish Canyon Road
2) Mr. Ed Carpenter/stressed the need for knowledge of the
impact of said fees and requested delay of their adoption until
a capital improvement program is complete.
3) Frank Crane, 4 Banker Blvd. , stated it is wise to have
sufficient time to study said ordinances and wrong to force the
matter. In his opinion one month would be a reasonable length
of time for study.
4) Attorney Barry Wood expressed concern with the fact that
Council would consider voting on the matter without the people
being heard. With reference to the expected growth, he agreed
that it cannot be stopped but at the same time stated the avail-
able space in this valley is limited, the mountains will stop
the growth. An opposition was also expressed to this method of
building a capital improvement fund, stating citizens will
rally to a cause for new buildings if they see the need.
1100 S. State
5) Jack Capps/asked questions which Council determined not to
be relevent. He reviewed taxes he had paid in other cities in
California. He was of the opinion the ordinances would stop
business construction and stated it to be an unfair situation.
6) Mr. Peter Wagner, President of the Contractors ' Association
requested Council defer action at this time for reasons expressed
previously.
7) Linton Norman, 404 Eastlick stated in his opinion the crux
of the matter is not so much what the fees will be but how the
fees were determined and who will pay. It appears to be in-
equitable. He referred to time he spent as a member of the
Planning Commission and stated that at that time one person
could object to one portion of a variance or use permit appli-
cation and it would not be approved. On this basis, if the
comments made at this meeting is not enough disapproval, he did
not know what was.
On a motion by Councilman Buxton, seconded by Councilman Weinkauf
it was carried by the following roll call vote that the Mayor
be authorized to appoint a committee consisting of one Council-
man and City official and a real estate or contractor to
explore more facts and figures concerning subject matter for
consideration September 19, 1973 , at which time a decision will
be made.
AYES : Councilmen Weinkauf, Buxton, and Mayor Simpson.
NOES : Councilmen Norgard and Pearson
ABSENT: None
Mayor Simpson appointed Councilman Norgard to serve on said
committee.
MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH
AUGUST 15, 1973 - PAGE 7
Mayor Simpson declared a recess at this point in the meeting - 10: 20P .M
CORRESPONDENCE: DISTRICT ATTORNEY
PROPOSES JOINT CITY-COUNTY ORDINANCE
BANNING SALE OF CERTAIN ENGINES
WITHOUT SPARK ARRESTORS
Council had been provided with information from the County re-
garding subject matter. City Manager recommended support of
the County' s position.
On a motion by Councilman Pearson, seconded by Councilman Buxton
it-was unanimously carried the City Attorney be authorized to
prepare an ordinance for Council consideration that would be
in harmony with the County' s position regarding subject matter.
REPORT OF BIDS RECEIVED FOR 1973
4 DOOR SEDAN - AWARD TO
UNDERWOOD FORD-MERCURY
City Manager reviewed the following tabulation of bids and
recommended the bid be awarded to Underwood Ford-Mercury as
circled on said tabulation:
Underwood Ford-Mercury, Custom 500, Model #53 l�.5�0�
Alternate Bid LTD, Model #66 $4078 . 87
Groves Motors 4 Dr. Ambassador Sedan $3700. 00
Groves Motors quoted 1974 Model, not 1973
Underwood Ford-Mercury quoted price is based on 1973 Models .
Sales Tax not included
On a motion by Councilman Buxton, seconded by Councilman Pearson
it was unanimously carried to award the bid for 1973 Model 4 Door
Sedan to Underwood Ford-Mercury in the total amount of $3570 .00.
COUNCILMAN WEINKAUF
Councilman Weinkauf commented on how beautiful the sanitary land
fill site is looking.
ADJOURNMENT
Mayor Simpson adjourned the meeting at 10: 35 p.m.
yor
ATTEST:
City Clerk