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HomeMy WebLinkAboutmin 08-01-73 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH AUGUST 1, 1973 The City Council convened in regular session in the Council Chambers at 8 : 04 p.m. with Councilmen Weinkauf, Norgard, and Acting Mayor Buxton present. Mayor Simpson and Mayor pro tem Pearson were absent. PLEDGE OF ALLEGIANCE Councilman Norgard led in the Pledge of Allegiance. APPROVAL OF MINUTES On a motion by Councilman Norgard, seconded by Councilman Weinkauf it was unanimously carried the minutes of the meeting of July 18, 1973 , be approved as submitted by the Clerk. PAYROLL WARRANTS On a motion by Councilman Weinkauf, seconded by Councilman Norgard it was unanimously carried Payroll Warrants #4905 to #5050 inclusive for the period of July lst to July 15, 1973, inclusive be approved in the total amount of $64,412 . 56. SPECIAL WARRANTS On a motion by Councilman Norgard, seconded by Councilman Weinkauf, it was unanimously carried Special Warrants #2264 to #2265 inclusive in the total amount of $819.32 and #2266 to #2326 inclusive in the total amount of $51,465. 58 be approved and ordered paid. RESOLUTION NO. 74-9 COMMENDING DEBORAH (DEBBIE) KAY GEIN Subject resolution commended Debbie Gein for the manner in which she performed her duties as lifeguard at the Ukiah Municipal Swimming Pool, said performance resulting in the saving of a life. Debbie was present in the audience to accept said resolution and to express her thanks. On a motion by Councilman Norgard, seconded by Councilman Weinkauf , it was unanimously carried Resolution No. 74-9 be adopted and the Mayor and Clerk be authorized to sign same, "Resolution Of The City Council Of The City Of Ukiah Commending Deborah (Debbie) Kay Gein" . PUBLIC HEARING ZONE CHANGE APPLICATION NO. 73-35 (MAURICE COX) Council had been furnished with Planning Commission action and recommendation of subject application. Subject property is located at the southwest corner of Thomas and Perry Streets. Said application is to rezone said parcel from the present CM to M zone in conjunction with a proposed use permit to permit construction of manufacturing facilities. Public hearing was declared open at 8 : 09 p.m. Applicant and his attorney, Mr. Charles Mannon, were present in the audience and spoke in favor of subject application. There was no one present in the audience who spoke in opposition to the proposed zone change. Public hearing was declared closed at 8 : 14 p.m. Council action is set forth in the introduction of the following ordinance. MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH AUGUST 1, 1973 - PAGE 2. ORDINANCE NO. 642 INTRODUCED TO AMEND CODE TO REZONE PROPERTY FROM C.M. TO M ZONE (ZONE CHANGE APPLICATION NO. 73-35, MAURICE COX) On a motion by Councilman Norgard, seconded by Councilman Weinkauf, it was unanimously carried to introduce by title Ordinance No. 642, "An Ordinance Of The City Council Of The City Of Ukiah Amending Chapter 2, Division 9 Of The Ukiah City Code By Rezoning Porperty From Existing C-2 And CM Zones To M Zone (Zone Change Application No. 73-35, Maurice Cox) " . PUBLIC HEARING ZONE CHANGE APPLICATION NO. 73-20, UKIAH GENERAL HOSPITAL) Council had been furnished with Planning Commission action concerning subject application which proposes to rezone property located on the southwest corner of Observatory and Dora Street from R-1 and R-2 to R-3 to construct a new hospital. Public hearing was declared open at 8 : 17 p.m. There was no written or verbal opposition to subject application. Mr. Lawrence Heise, Agent, was present in the audience and spoke in favor of subject application, and answered questions directed to him by the Council. Public hearing was declared closed at 8 : 22 p.m. Council action is set forth in the introduction of the —4 following ordinance. ORDINANCE NO. 643 INTRODUCED TO AMEND CODE TO REZONE PROPERTY FROM R-1 & R-2 to R-3 (ZONE CHANGE APPLICATION NO. 73-20, UKIAH GENERAL HOSPITAL) On a motion by Councilman Norgard, seconded by Councilman Wei.nkauf, it was unanimously carried to introduce by title Ordinance No. 643, "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 Zones To R-3 Zone (Zone Change Application No. 73-20, Ukiah General Hospital) " . PUBLIC HEARING ZONE CHANGE APPLICATION NO. 73-29 (E. SIDE STATE ST. , ORR CREEK, & BUSH STREET, INITIATED BY PLANNING COMMISSION) Council had been furnished with Planning Commission Findings of Fact and copies of Planning Commission minutes referred to therein, along with a copy of a map of the area showing the present and proposed zones. The area which is the subject for rezoning is to rezone area from North State Street easterly to Orr Street, & from Brush St. southerly to Orr Creek from � C-2 & CM to R-2, C-1 and C-2, as rec ommended by the Planning Commission. The City Manager expressed an opposition to the conflict in uses which would develop with the creation of the R-2 zone and stated in his opinion the entire area should be zoned �-2 . City Manager stated the Council has the following options : 1) Take no action and leave the zoning as it is. 2) Adopt the recommendation of the Planning Commission. 3) Refer the matter back to the Planning Commission for a report thereon as set forth in Section 9245 of the Municipal Code. MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH AUGUST 1, 1973 - PAGE 3 There was no one present in the audience who spoke in favor of or in opposition to said application. Mrs. Yolanda McTague, 339 Jones was present in the audience and asked questions concerning the proposed zoning . W On a motion by Councilman Norgard, seconded by Councilman Weinkauf it was unanimously carried to refer Zone Change Application No. 73-29 back to the Planning Commission for subsequent con- sideration by the Council. ORDINANCE NO. 644 INTRODUCED REZONING A PORTION OF WEST GOBBI (ZONE CHANGE APPLICATION NO. 73-28) On a motion by Councilman Norgard, seconded by Acting Mayor Buxton, it was carried by the following roll call vote to introduce by title Ordinance No. 644 , "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 Zones To R-3 (Zone Change Application No. 73-28 Initiated By Planning Commission) " . AYES: Councilman Norgard and Acting Mayor Buxton. NOES: Councilman Weinkauf absent: Mayor Simpson and Mayor pro tem Pearson. INTRODUCTION OF ORDINANCE NO. 645 PROVIDING FOR PAYMENT OF CAPITAL IMPROVEMENT FEES RE NEW CONSTRUCTION; ORDINANCE NO. 646 ESTABLISHING FEES FOR CONNECTION OF PLUMBING TO SANITARY SEWER -- SYSTEM; ORDINANCE NO. 647 ESTABLISHING FEES FOR WATER TRANSMISSION, STORAGE & PRODUCTION, AND TREATMENT FACILITIES Subject ordinances were reviewed in detail. The City Manager stated subject ordinances are based on what is being done in other areas & are becoming increasingly common throughout the state. The ability of cities to adopt ordinances of this type have been upheld in the courts. Acting Mayor Buxton stated in his opinion everyone should pay his fair share, but that final action on subject matter required a full Council. Council- man Norgard stated in his opinion the proposed fees are fair and reasonable and should be paid by new residents, not by residents already established in the city. It was pointed out that Council action introducing the ordinances would allow time for further Council consideration. On a motion by Councilman Norgard, seconded by Councilman Weinkauf , it was unanimously carried to introduce Ordinance Nos. 645, 646, and 647 by title, "An Ordinance Of The City Of Ukiah Providing For Payment Of Ca*al Improvement Fees In Connection With New Construction And Establishing A Fund For The Deposit Of Said Fees" , "Ordinance Of The City Of Ukiah Establishing Fees For The Connection Of The Plumbing Of Any Building Or Structure To The Sanitary Sewer System And For The Improvement Of The Sanitary Sewer System" , "An Ordinance Of The City Of Ukiah Establishing Fees For Water Transmission, Storage And Production And Treatment Facilities" . ADOPTION OF ORDINANCE NO. 641 AMENDING CODE RE CURB MARKINGS TO INDICATE PARKING RESTRICTIONS On a motion by Councilman Weinkauf, seconded by Councilman Norgard it was unanimously carried to adopt Ordinance No. 641 and the Mayor and Clerk be authorized to sign same, "An Ordinance Of The City Of Ukiah Amending Section 7181 (c) 2 Dealing With Curb Markings To Indicate Parking Restrictions" . MINUTES OF THE MEETING OF THE COUNCIL OF THE CITY OF UKIAH AUGUST 1, 1973 - PAGE 4 ADOPTION OF ORDINANCE NO. 648 REPEALING & AMENDING CODE RELATING TO SEWER SERVICE CHARGES: URGENCY ORDINANCE On a motion by Councilman Norgard, seconded by Councilman Norgard, seconded by Councilman Weinkauf, it was unanimously carried to adopt Ordinance No. 648 and the Mayor and Clerk be authorized to sign same, "Ordinance Of The City of Ukiah Repealing And Amending Section 2 Of Division 4, Chapter 2, Article4 Of The Ukiah City Code: Urgency Ordinance" . RESOLUTION NO. 74-10 ESTABLISHING SEWER SERVICE CHARGES On a motion by Councilman Norgard, seconded by Councilman Weinkauf it was unanimously carried Resolution No. 74-10 be adopted and the Mayor and Clerk be authorized to sign same, "Resolution Of The City Council Of The City Of Ukiah Establishing Sewer Service Charges" . RESOLUTION NO. 74-11 ADOPTING REVISED SCHEDULE OF WATER RATES On a motion by Councilman Weinkauf, seconded by Councilman Norgard it was unanimously carried Resolution No. 74-11 be adopted and the Mayor and Clerk be authorized to sign same, "Resolution Of The City Council Adopting Revised Schedule Of Water Rates; Effective Time; Repeal of Prior Schedule" . RESOLUTION NO. 74-12 AUTHORIZING EXECUTION OF AGREEMENT WITH MENDO COUNTY CHAMBER OF COMMERCE On a motion by Councilman Norgard, seconded by Councilman Weinkauf it was unanimously carried Resolution No. 74-12 be adopted and the Mayor and Clerk be authorized to sign same, "Resolution Of The City Council Of The City Of Ukiah Authorizing Execution Of An Agreement With The Mendocino County Chamber Of Commerce For The Fiscal Year 1973-74 . " RESOLUTION NO. 74-13 AUTHORIZING EXECUTION OF AGREEMENT WITH STATE TO ENTER INTO ABANDONED VEHICLE PROGRAM IN COOPERATION WITH CHP On a motion by Councilman Weinkauf, seconded by Councilman Norgard it was unanimously carried Resolution No. 74-13 be adopted and the Mayor and Clerk be authorized to sign same, "Resolution Of The City Council Of The City Of Ukiah Authorizing Execution Of An Agreement With The State Of California That Provides For The City Of Ukiah To Enter Into An Abandoned Vehicle Program In Cooperation With The California Highway Patrol" . RESOLUTION NO. 74-14 AUTHORIZING APPLICATION & ACCEPTANCE OF GRANT FOR LAW ENFORCEMENT PURPOSES -® THROUGH OMNIBUS CRIME CONTROL On a motion by Councilman Norgard, seconded by Councilman Weinkauf , it was unanimously carried Resolution No. 74-14 be adopted and the Mayor and Clerk be authorized to sign same, "Resolution Of The City Council Of The City Of Ukiah Authorizing The Application And Accept- ance Of A Grant For Law Enforcement Purposes Made Available Through The Omnibus Crime Control And Safe Streets Act Of 1968" . e. MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH AUGUST 1, 1973 - PAGE 5 RESOLUTION NO. 74-15 AUTHORIZING EXECUTION OF AGREEMENT WITH GOLF PRO On a motion by Councilman Weinkauf, seconded by Councilman Norgard it was unanimously carried Resolution No. 74-15 be adopted and Mayor and Clerk be authorized to sign same, "Resolution Of The City Council Of The City Of Ukiah Authorizing Execution Of An Agreement Between The City Of Ukiah And Paul R. Underwood, Golf Professional" . APPROVAL OF FINAL MAP OAK MANOR SUBD. UNIT NO. 2D On a motion by Councilman Weinkauf, seconded by Councilman Norgard it was unanimously carried to approve the final map for Oak Manor Subdivision Unit No. 2D and the Mayor and Clerk be authorized to sign same. ACCEPT IMPROVEMENTS IN OAK MANOR SUBD. UNIT NO. 2D On a motion by Councilman Norgard, seconded by Councilman Weinkauf, it was unanimously carried to accept the improvement in Oak Manor Subdivision Unit No. 2D with the condition that a 5% surety be posted to guarantee the work for one year. ACCEPT IMPROVEMENT IN OAK MANOR SUBD. UNIT NO. 2C On a motion by Councilman Weinkauf, seconded by Councilman Norgard it was unanimously carried to accept the improvements in Oak Manor Subdivision Unit No. 2C with the condition that a 5% surety be posted to guarantee the work for one year. CLAIM FOR DAMAGES DENIED - ARTHUR L. JUDICE & ARNOLD MARTIN Council had been provided with details of subject claims which alleged that a police officer had detained the claimants without just cause. The City Attorney recommended the claims of Arthur Judice and Arnold Martin be summarily denied and referred to the insurance carrier for final handling. On a motion by Councilman Norgard, seconded by Councilman Weinkauf it was unanimously carried that subject claim be denied and referred to the insurance carrier, as recommended. NOTICE OF COMPLETION - A.C. SURFACINGS ON CITY STREETS (PARNUM PAVING) On a motion by Councilman Weinkauf, seconded by Councilman Norgard it was unanimously carried the asphalt concrete surfacings on Helen Avenue, Freitas, Cypress, Perry Street, Rupe Street, Church Street and North Oak Street be accepted as complete and the City Clerk be authorized to file the required Notice of Completion. AWARD OF BID FOR CONSTRUCTION OF BUSH STREET BRIbGE TO GRIGGS & PETERSON, CARMICHAEL, CALIF . City Manager reported verbal approval from other agencies for !� construction of the Bush Street Bridge across Orr Creek had been received. The following tabulation of bids received was reviewed and it was recommended the bid be awarded to the low bidder, Griggs and Peterson: Eureka Construction, Eureka $145, 153. 50 Griggs & Peterson, Carmichael $121, 410 .30 W. H. Lindeman, Red Bluff $130, 552 . 50 Hertel Construction, Sacramento $148,379. 20 Lloyd G. Francis, Hayward $132, 870. 00 McGuire and Hester, Oakland $148, 574. 00 Wemacar, Inc. , Redding $141, 369. 50 9 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH AUGUST 1, 1973 - PAGE 6 On a motion by Councilman Norgard, seconded by Councilman Weinkauf it was unanimously carried the bid for construction of the Bush Street Bridge across Orr Creek be awarded to Griggs and Peterson of Carmichael, California in the total amount of $121, 410. 30, subject to required written approval from the State. REQUEST & AUTHORIZATION TO CALL FOR BIDS FOR 1973 4DR. SEDAN The City Manager requested Council approval of specifications and call for bids for subject vehicle. On a motion by Councilman Norgard, seconded by Councilman Weinkauf it was unanimously carried the Clerk be authorized to call for bids for one 1973 model four door sedan, bids to be received prior to August 14, 1973 , 2 : 00 p.m. ADJOURNMENT Acting Mayor Buxton adjourned the meeting at 10: 10 p.m. after which the Council reconvened in Executive Session. Atting Mayot ATTEST: City Clerk i