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HomeMy WebLinkAboutMin 12-16-70 479 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH DECEMBER 16, 1970 - PAGE 1 The City Council convened in regular session in the Council Chambers at 8:03 p.m. with Mayor Norgard, and Councilmen Scotto, Buxton, Simpson and Henderson present. APPROVAL OF MINUTES On a motion by Councilman Scotto, seconded by Councilman Simpson, it was unanimously carried the minutes of the meeting of December 9, 1970, be approved as submitted by the Clerk. SPECIAL WARRANTS On a motion by Councilman Simpson, seconded by Councilman Buxton, it was unani- mously carried Special Warrants #3013 to #3140 inclusive in the total amount of $81,618.74 be approved and ordered paid. RETROACTIVE PAYROLL WARRANTS On a motion by Councilman Henderson, seconded by Councilman Scotto, it was unani- mously carried, retroactive payroll warrants #3936 to #4047 inclusive in the total amount of $34,373.01 be approved and ordered paid. PROPOSED UNDERGROUND ORDINANCE City Attorney brought up for discussion the proposed ordinance establishing regulations and procedures for the removal of overhead utility facilities and the installation of underground facilities in Underground Utility Districts. This was given to the Councilfor their review at the meeting of December 2, 1970. Council discussed various provisions of the ordinance. Mr. Ed Bean representing Pacific Telegraph and Telephone Company also commented that his company was in favor of the ordinance and welcomed its adoption. Mr. Dave Seeber, representing Pacific Gas and Electric Company remarked that the ordinance is similar to those adopted in Willits and Fort Bragg. His company is presently engaging in undergrounding projects in Fort Bragg, Willits and Lakeport. Staff answered questions of Council regarding subject ordinance. At this point, Councilman Scotto introduced "An Ordinance Of The City of Ukiah Adding Chapter 3 To Division 4 Of The Ukiah City Code Thereby Establishing Regulations And Procedures For The Removel Of Overhead Utility Facilities And The Installation Of Underground Facilities In Underground Utility Districts. Councilman Buxton stated that he felt a similar ordinance would be advantageous for the curb, gutter and sidewalk program in the City. RESOLUTION NO. 71-17 GRANTING VARIANCE TO UKIAH GENERAL HOSPITAL SPARKING LOT) On a motion by Councilman Scotto, seconded by Councilman Henderson, it was unanimously carried Resolution No. 71-17 be adopted and the Mayor and Clerk be authorized to sign same, "Resolution Granting Variance To Ukiah General Hospital" . RESOLUTION NO. 71-18 ADOPTING 1970-71' BUDGET FOR THE CITY OF UKIAH On a motion by Councilman Buxton, seconded by Councilman Scotto, it was unani- mously carried Resolution No. 71-18 be adopted and the Mayor and Clerk be authorized to sign same, "Resolution Of The City Council Of The City Of Ukiah Adopting 1970-1971 Budget For The City Of Ukiah". 480 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH DECEMBER 16, 1970 - PAGE 2 CLAIM DENIED (JOHN CARTER, A MINOR BY RICHARD CARTER) City Attorney reviewed a claim filed for John Carter, a minor, by Richard Carter, his father and natural guardian. Said claim is in the amount of $1002000 and was filed by the law office of Rawles, Nelson, Golden and Hinkle, Post Office Box 720, Ukiah, California. Claimant alleges he was illegally and unlawfully stopped by officers of the Ukiah Police Department when an occupant in the vehicle of a friend...... The general description of injury and damage or loss incurred was stated in said claim. City Attorney stated the Police Department report is available to the Council upon request. It was recommended the claim be denied. City Attorney noted that this claim is similar to that filed for Roger Johnson, a minor by Leslie Johnson, his father. John Carter was a passenger in the same vehicle as Rober Johnson. This claim was presented to Council and denied at the meeting of October 7, 1970. On a motion by Councilman Henderson, seconded by Councilman Simpson, it was unanimousl, carried the claim of Richard Carter, parent and natural guardian of John Carter in the amount of $100,000 be denied. Councilman Henderson requested that Council be given a periodic report on status of any claims received by City. CHAMBER OF COMMERCE CONTRACT (CITY) City Attorney reported that the above contract is to be presented on Friday, December 18, at the Chamber's Board Meeting and then returned to City Cou ncil. INSURANCE PROGRAM FOR FLOOD AND MUD SLIDES City Attorney reported that he had been questioned regarding availability of federally sponsored flood and land slide insurance. Preliminary investigation in dicates that this insurance is only available to areas where local city or county government has requested its availability.. It is reported that the insurance would be made available through local brokerage firms in amounts of 17,500 for family dwelling and 30,000 for commercial property, but, would be guaranteed by a federal program. City Attorney is corresponding with HUD to determine further their requirements for local participation. REQUEST & AUTHORIZATION TO CALL FOR BIDS FOR LIBRARY BUILDING City Manager explained that plans and specifications have been checked by the City Engineer, City Attorney and City Manager as they pertain to City. Mr. Cash stated that the architect, Max Kappeler, has complied and plans and specifications are ready for approval. City Engineer stated that all building will be under the inspection of the City Buildin Department. Mr. Kappeler added that he will not allow any work to be covered up before inspection, i.e. plumbing and electrical installations. On a motion by Councilman Scotto, seconded by Councilman Henderson, it was unanimously carried to approve plans and specifications for library building and to authorize the Clerk to call for bids for Construction of Library Building Contract, bids to be received prior to 2:00 p.m., Wednesday, January 13, 1971. Councilman Henderson recommended, with Council's approval, that all questions and press releases regarding the Library Construction project be directed to and released through the City Manager' s office only. PROGRESS PAYMENT TO ARCHITECT (LIBRARY BUILDING) On a motion by Councilman Henderson, seconded by Councilman Scotto and unani- mously carried that Special Warrant #3141 for Progress Payment to Architect in the amount of $18,913.13 be approved as submitted. Z1 R MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH DECEMBER 16.,- 1970 - PAGE 3 RECOMMENDATION REGARDING PURCHASE OF PARK PROPERTY EAST OF FREEWAY City Manager read his memorandum to City Council stating that a communication had been received from Santa Fe-Pomeroy Inc. agreeing to sell a park site to the City for $35,000. The parcel consists of 4+ acres located at the south end of Oak Manor Drive and bounded by the street, the creek and the school property. On a motion by Councilman Scotto, seconded by Councilman Henderson, it was carried by the following roll call vote that the City of Ukiah purchase the subject property for future park development from Santa Fe-Pomeroy Inc. AYES: Councilmen Scotto, Buxton, Simpson, Henderson and Mayor Norgard. NOES: None - ABSENT: None GARBAGE COLLECTION ORDINANCE City Manager reported receiving a number of verbal complaints from commercial subscribers regarding increases in cost of service. Dean DeVrieg, representing the Journal will be meeting with the City Manager on Thursday, December 17 to discuss the changes which the new contract permitted. City Manager has asked all complainants to submit a statement in writing concerning their grievances so that they may be reviewed by staff for contract compliance. Mr. Cash will report further to the Council at a later date. SEMINARY AVENUE City Attorney called Council's attention to a memorandum from his office concerning laws and regulations which may apply to various illegal acts which have occurred in the Seminary island area. It was pointed out that in 1869 Daniel Gobbi granted to the Trustees of the Ukiah Institute ten acres of land which included the strip which is now Seminary Avenue. The deed states that said strip "shall only be used as a public way from State Street to the Institution, and for no other purpose". While it has not been documented, stated Mr. Hays, it could probably be assumed that the area in question is a dedicated street at this time. It is not a dedicated park. In his opinion, present laws are adequate to control the various reported violations which are of the misdemeanor type. This means that without actually viewing the violation, a police officer has no authority to make an arrest unless he is acting on obedience to an arrest warrant. City Attorney is following up a case against the City of Carmel-By-The-Sea involving control of grass and park areas. Report will be made to the Council on this matter. RESOLUTION NO. 71-19 COMMENDING RETIRING CHAIRMAN OF THE BOARD OF SUPERVISORS (JOSEPH SCARAMELLA) On a motionby Councilman Scotto, seconded by Councilman Simpson, it was unanimously carried that a Resolution be adopted commending retiring Chairman of the Board Of Supervisors, Joseph Scaramella for his many years of unselfish devotion and service to the County and City. The Mayor was authorized to sign Resolution as soon as prepared. ADJOURNMENT There being no further regular business, Mayor Norgard declared the meeting adjourned at 9:56 p.m. to reconvene in personnel session. Mayor ATTEST: City Clerk