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HomeMy WebLinkAboutmin 07-18-73 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH JULY 18 , 1973 - PAGE 1 The City Council convened in regular session in the Council Chambers at 8 : 00 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 Norgard 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 June 20, 1973 and the adjourned meeting of June 29 , 1973, be approved as submitted by the Clerk. PAYROLL WARRANTS On a motion by Councilman Norgard, seconded by Councilman Buxton it was unanimously carried Payroll Warrants #4755 to #4904 inclusive for the period of June 16th to June 30, 1973, inclusive be approved in the total amount of $61, 176. 14 . GENERAL WARRANTS On a motion by Councilman Pearson, seconded by Councilman Buxton it was unanimously carried General Warrants #2096 to #2263 inclusive in the total amount of $194 , 423 . 83 be approved and ordered paid. PETITION RE: UKIAH VALLEY TRAP CLUB & REQUEST FOR PUBLIC HEARING Mr. Jim Luther, Attorney for some of the residents in the Rogina Heights area who oppose continuation of the noise generated from subject club, was present in the audience and spoke in this regard. The following documents were presented to the City Clerk and placed on file: 1) The original petition containing signatures of some of the residents in the Rogina Heights area stating the noise of the shot gun fire has seriously interferred with the enjoyment of private property in the area adjacent to the Old Sewer Farm and requested that the City Council not renew the City lease with said Club when it expires July 31, 1973 . 2) A letter to Mayor Simpson dated July 17, 1973 along with a copy of said Petition, copy of an Affadavit of Opinion of Karl D. Kryter, Ph.D. , a consultant with Acousis Company, dated 7-6-73 . Mr. Luther gave a brief summary of the position regarding the matter and requested the Council to schedule a public hearing to show that said noise is intolerable and that only non-renewal or major changes in the contract will make it tolerable. Mr. Luther also stated there is a civil suit in limbo on subject matter and he did not know if it will be re-tried. Council determined the matter will be heard as requested and that the date for public hearing will be set during the Executive Session scheduled at the conclusion of this meeting. w , MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH JULY 18, 1973 - PAGE 2 RESOLUTION NO. 74-1 APPOINTING DON DUFERTUIS TO AIRPORT COMMISSION RESOLUTION NO. 74-2 APPOINTING RALPH OLIVER TO PLANNING COMMISSION Council made appointments to the above named Commissions. Mr. Donald L. DuPertuis was present in the audience and expressed his thanks to the Council. Mr. Oliver was unable to attend the meeting due to a prior committment. PUBLIC HEARING REGARDING WEED ABATEMENT PROGRAM Mayor Simpson reported this as being the time and place for the public hearing regarding subject program. There was no one present in the audience to speak in opposition to said program. The public hearing was declared closed at 8 : 18 p.m. RESOLUTION NO. 74-3 DIRECTING THE ABATEMENT OF WEEDS, RUBBISH, REFUSE AND DIT?T ON CERTAIN PARCELS OF LAND On a motion by Councilman Norgard, seconded by Councilman Pearson it was unanimously carried Resolution No. 74-3 be adopted and the Mayor and Clerk be authorized to sign same, "Resolution Of The City Council Of The City Of Ukiah Directing The Abatement Of Weeds, Rubbish, Refuse and Dirt On Certain Parcel Of Land In The City Of Ukiah" . ORDINANCE NO. 641 INTRODUCED DEALING WITH CURB MARKINGS �. IN FRONT OF THE LIBRARY BLDG. On a motion by Councilman Pearson, seconded by Councilman Weinkauf, it was unanimously carried to introduce Ordinance No. 641, "An Ordinance Of The City Of Ukiah Amending Section 7181 (c) 2 Dealing With Curb Markings To Indicate Parking Restrictions" . ORDINANCE NO. 639 ADOPTED AMENDING CODE DESIGNATING PRIVATE PARKING AREAS SUBJECT TO SPECIFIC PROVISIONS OF VEHICLE CODE (VALUE GIANT) On a motion by Councilman Norgard, seconded by Councilman Weinkauf it was carried by the following roll call vote to adopt Ordinance No. 639, "Ordinance Of The City Of Ukiah Amending Section 7386 Which Designates Private Parking Areas Subject To Specific Provisions Of The Vehicle Code Of The State Of California" . AYES: Councilmen Weinkauf, Norgard, Buxton, Pearson, and Mayor Simpson NOES: None absent: None RESOLUTION NO. 74-4 SETTING TAX RATE ..v � On a motion by Councilman Norgard, seconded by Councilman Buxton it was unanimously carried Resolution No. 74-4 be adopted and the Mayor and Clerk be authorized to sign same, "Resolution Of The City Council Of The City Of Ukiah Determing Amount Of Revenue Necessary From Property Taxes And Fixing Tax Rates For Fiscal Year 1973-74 . & c6 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH JULY 18, 1973 - PAGE 3 RESOLUTION NO. 74-5 ADOPTING 1973-74 BUDGET On a motion by Councilman Norgard, seconded by Councilman Pearson it was carried by the following roll call vote Resolution No. 74-5 be adopted and the Mayor and Clerk be authorized to sign same, "Resolution Of The City Council Of The City Of Ukiah Adopting 1973-74 Budget For The City Of Ukiah" . AYES: Councilmen Weinkauf, Norgard, Buxton, Pearson, and Mayor Simpson NOES: None ABSENT: None RESOLUTION NO. 74-6 ADOPTING BUSINESS LICENSE FEES On a motion by Councilman Pearson, seconded by Councilman Buxton 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 Adopting Business License Fees Pursuant To SEction 2152 Of The Ukiah City Code" . CORRESPONDENCE: ROTARY FLY-IN A letter to the Council from the Rotary Club was read expressing thanks for cooperation for the successful Fly-In recently held at the Municipal Airport. Thanks was also expressed to the airport personnel for their cooperation. CLAIM FOR DAMAGES : PEOPLES TEMPLE The City Attorney reviewed subject claim which resulted to damage to items in the concession stand when city personnel was hosing down Anton Stadium grandstand. It was recommended to authorize tie Director of Finance to issue a warrant in the amount of $15. 00 for subject claim. On a motion by Councilman Norgard, seconded by Councilman Buxton it was unanimously carried to authorize the issuance of a warrant in the amount of $15. 00 for Claim for Damages as filed by Mrs. Helen _;,,____e1 , Peoples Temple Concession Stand. INVITATION TO INSTALLATION OF OFFICERS FOR MINISTERIAL ASSOC. The Reverend Mr. Elmer Schmitt, Methodist Church, invited Council to attend subject installation at the Presbyterian Church, July 20, 1973 , 8 : 00 p.m. A surprise farewell for the Reverend Mr. Travis Hiatt will be at the conclusion of the installation. APPROVAL OF GRANT OF POWER LINE EASEMENT TO PG&E (OLIVER HARMON GRAZING LEASE) On a motion by Councilman Pearson, seconded by Councilman Weinkauf it was unanimously carried to authorize the City Manager to execute the grant of power line easement from Mr. Oliver Harmon across City property at the disposal site to PG&E. APPROVAL OF LAND LEASE AT AIRPORT TO MARTY SMITH Subject lease was submitted to the Council for consideration by the Airport Commission. Said lease would allow construction of a metal building at the airport, said building to become the property of the City of Ukiah after a 25 year period of time. In the Council discussion, Councilman Pearson questioned the adequacy of insurance coverage proposed. Councilman Norgard stated he objected to the approach made for this business arrangement. He stated he is not opposed to business developing on the airport but he was opposed to the method proposed and he was of the opinion that terms could be worked out that would be agreeable to Mr. Smith. Councilman Norgard suggested that the City provide the building by financing it and allow the lease to pay it off similar to arrangements currently arranged with the airport hangars. City Manager stated that in his opinion MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH JULY 18, 1973 - PAGE 4 the probability of the hangars continuing in use would be higher than a fixed base operation. On a motion by Councilman Buxton, seconded by Councilman Pearson it was carried by the following roll call vote to approve the Land Lease Agreement with Martin P. Smith as recommended. AYES: Councilmen Weinkauf, Buxton, Pearson, and Mayor Simpson. NOES: Councilman Norgard ABSENT: None APPROVAL OF LAND LEASE FOR PORTABLE PARK ON PERKINS ST. On a motion by Councilman Pearson, seconded by Councilman Weinkauf, it was unanimously carried to authorize the City Manager to execute the Land Lease Agreement for portable park on East Perkins Street with Jing Quan and Phillip Quan. RESOLUTION NO. 74-7 APPROVAL OF TENTATIVE MAP NOKOMIS ACRES SUBD. UNIT #5 On a motion by Councilman Pearson, seconded by Councilman Buxton it was unaniomusly carried Resolution No. 74-7 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 Nokomis Subdivison Unit No. 5" . RESOLUTION NO. 74-8 APPROVING TENTATIVE & FINAL MAP FOR FEIBUSCH SUBDIVISION ON ELM ST. On a motion by Councilman Norgard , seconded by Councilman Weinkauf it was unanimously carried Resolution No. 74-8 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 And Final Map For Feibusch Subdivision On Elm Street" . APPROVAL OF WRITE OFF OF BAD DEBTS Council had been provided with a list of delinquent accounts considered uncollectible. Said write off represents a . 0034% loss, less than the 1971-72 write off of . 0037%. On a motion by Councilman Buxton, seconded by Councilman Pearson it was unanimously carried to approve the 1972-73 write off of bad debts as recommended. PUBLIC HEARING DATES SET ZONE CHANGE APPLICATION NOS. 73-29, 73-20, 73-21, 73-35 On a motion by Councilman Norgard, seconded by Councilman Weinkauf it was unanimously carried to set the public hearing dates on the following Zone Change Applications: -6r",-S h 73-29 - E. side of North State from Orr Creek to Bu2h (Initiated by Planning Commission) - August 1, 1973 , 8 : 00 p.m. 73-20 - Ukiah General Hospital - August 1, 1973-, 8 : 00 p.m. 73-35 - Maurice Cox - August 1, 1973 , 8 : 00 p.m. 73-21 - Jack D. Franks - August 15, 1973 , 8 : 00 p.m. REQUEST & AUTHORIZATION TO CALL FOR BIDS FOR STEEL POLES FOR PRIVATE LIGHTING On a motion by Councilman Pearson, seconded by Councilman Weinkauf it was unanimously carried the Clerk be authorized to call for bids for 27 - 16 ' tapered steel poles, 27 mercury fixtures, and 27 photo controls. MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OR UKIAH JULY 18, 1973 - PAGE 5 REQUEST & AUTHORIZATION TO REBID EMERGENCY STANDBY ENGINE City Manager reported only one bid was received for subject bid and it did not qualify since there was no bid bond accompanying said bid. City Manager recommended the subject engine be rebid. On a motion by Councilman Norgard, seconded by Councilman Buxton, it was unanimously carried the Clerk be directed to rebid the emergency standby engine. REPORT OF BIDS RECEIVED FOR CONSTRUCTION OF BUSH STREET BRIDGE City Manager reviewed the following tabulation of bids received for subject project: 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 State and federal approval is needed prior to bid award. REQUEST & AUTHORIZATION TO CALL FOR BIDS FOR IMPROVEMENTS IN OAK MANOR PARK City Manager reviewed the map for proposed park improvements as recommended by the Citizens Committee and Parks and Recreation Commission. On a motion by Councilman Weinkauf, seconded by Councilman Pearson, it was unanimously carried the Clerk be authorized to call for bids for improvements in Oak Manor Park, bids to be received prior to August 9, 1973 , 2 : 00 p.m. AWARD OF BIDS FOR WIRE & DIRECT BURIAL DUCT TO GRAYBAR ELECTRIC AND WESTINGHOUSE ELECTRIC SUPPLY City Manager reviewed the following tabulation of bids and recommended the bid be awarded as circled: 15, 000 ' 10, 000 ' 20, 000 ' 201000 ' 20, 000 ' 100 Suppliers 2 Str.D.B. 300 MCM 4/0 D.B. 2/0 D.B 3"D.B.Duct 311x36"Bend: Consolidated Elec 4830. 00 2495. 00 3200.00 2260. 00 5520. 00 389. 00 Industrial Elec 6600. 00 2870. 00 3460. 00 2460. 00 5000. 00 400. 00 Alternate 6045. 00 Maydwell & Hartz 5526. 00 00 332 . 002354 . 00 5150 . 00 367 . 00 Graybar Elec 575. 0 40.0 2886. 002040. 0 4760. 00 390 .00 ----------------- Westinghouse Elec 6600. 00 2870.30 3476. 00 2460.40 4600. 00 60 . AMFAC Elec No Bid No Bid No Bid No Bid No Bid No Bid General Elec No Bid On a motion by Councilman Pearson, seconded by Councilman Weinkauf, it was unanimously carried bids for wire and direct burial duct be awarded as circled on the above tabulation. w MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH JULY 18, 1973 - PAGE 6 OAKMANOR SUBDIVISION UNIT NO. 3 TENTATIVE MAP REFERRED BACK TO PLANNING COMMISSION Subject map was considered by the Planning. Commission at the April 5 and May 3 meetings, copies of which had been distributed to the Council. A draft E. I.R. was heard at the May 3rd meeting with no public opposition or comment. The Planning Commission recommended approval of subject map subject to the following conditions: 1) Common driveway be required on all lot frontages less than 60 feet. 2) Twenty foot setback required through the C-1 area as well as the R-2 area. 3) One additional fire hydrant required as recommended by the Fire Marshall 4) Acorn Court renamed to avoid duplication with existing named streets. The City Manager reported said map is not in order for Council approval for the following reasons: 1) Planning Commission did not act on the E. I.R. 2) Cul de sac is in excess of 300 ' maximum length set forth in the Code. 3) Some of the lots proposed do not meet minimum frontage of 60 ' 4) Approvals from utilities not submitted as set forth in Section 8191 of the Code. 5) No data on freeway plantings. 6) Objection to density of proposal. If length of cul de sac permitted, the higher density should not be allowed. m _ 7) No drainage calculations and no analysis of downstream flooding. A representative of Mitchell and Heryford, Santa Rosa was present in the audience and explained that normally flooding and drainage calculations are not considered until after approval of the Tentative Map. He also spoke concerning the density indicating 102 units are proposed and stated that plantings are planned. Bobby Kennedy was present in the audience and spoke on behalf of the proposal. In his opinion delays in processing the map have been excessive. He stated the need for adequate drainage had been discussed by the Planning Commission and the Engineering Department. Mr. Kennedy agreed to make minor changes which included stubbing in a street but this was not proposed at this time since it does not tie in with the adjacent property owners plans . On a motion by Councilman Norgard, seconded by Councilman Pearson it was carried by the following roll call vote to reject the Tentative Map of Oak Manor Subdivision Unit No. 3 and refer it back to the Planning Commission as recommended by the City Manager, with the additional instruction to consider the impact the proposed development will have on the school in the area. AYES: Councilmen Weinkauf, Norgard, Buxton, Pearson, & Mayor Simpson NOES: None 4 ABSENT: None PUBLIC HEARING ZONE CHANGE APPLICATION NO. 73-28 (W. GOBBI FROM DORA TO OAK) Council had been furnished with Planning Commission action concerning subject application which was initiated by the Planning Commission. Findings of Fact as approved by the Planning Commission at the May 3 , 1973 , meeting set forth the zone changes proposed. Affidavits of Publication of the required legal notice of the hearing as well as Affidavits of Posting and Mailing were placed on file. There was no one present in the audience who spoke concerning the application. MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH JULY 18, 1973 - PAGE 7 Councilman Weinkauf voiced his objection to further reduction of R-1 zones. Mayor Simpson declared the public hearing closed. On a motion by Councilman Buxton, seconded by Councilman Norgard it was carried by a majority voice vote to approve Zone Change Application No. 73-28 (W. Gobbi From Dora to Oak Street) . PROPOSED ORDINANCES PROVIDING FOR PAYMENT OF CAPITAL IMPROVEMENT FEES; FEES FOR CONNECTION TO SEWER; FEES FOR WATER TRANSMISSION, STORAGE & PRODUCTION & TREATMENT FACILITIES; The above named proposed ordinances were distributed to the Council for consideration at a subsequent meeting. COUNCILMAN NORGARD Councilman Norgard referred to the proposals to relocate the high school and stated he was of the opinion that it would be well to consider working with the school district in utilizing the area within the city instead of going to the outside areas to develop. Council concurred with this suggestion and directed the City Manager to consult with the School Superintendent to determine how the City could cooperate in such a proposal. Mr. Worster, Board of Education, was present in the audience and stated the problems encountered in this regard, and indicated the strict timetable the district must follow in order to qualify for state funds. a� COUNCILMAN WEINKAUF Councilman Weinkauf inquired as to the small attendance at the last General Plan Citizens Advisory Committee and was advised by the City Manager the reason for low attendance could be vacation time. COUNCILMAN PEARSON Councilman Pearson reminded Council of the League meeting in Eureka Saturday, July 21, 1973 . ADJOURNMENT MayQr _.Simpson adjourned the meeting at 10: 45 p.m after which the Council reconvened in Executive Session. , /. �f r .-:=}v '1-.•tet. _j'L� Mayor ATTEST: t- City Clerk i