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HomeMy WebLinkAboutMin 11-05-69324' MI MUTES OF THE MEET I NG OF THE COUNC I L OF THE CITY OF UKIAH NOVEMBER 5, 1969 The City Council convened in regular session in the Council Chambers at 8:00 p.m. with Mayor Henderson, Councilmen Crook, and Hill present. Councilmen Scotto and Norgard were absent. APPROVAL OF MINUTES COUh,ICILMEN SCOTTO & NORGARD ARRIVED AT THIS POINT - 8:01 P.M. On a mot was unan 1969, be ion by Councilman Crook, seconded by Councilman Scotto, it i'mously carried the minutes of the meeting of October 22, approved as corrected. PAYROLL WARRANTS On a mot was unan $16,520 October ion by Councilman Crook, seconded by Councilmen Scotto, it imously carried Payroll Warrants #866 to #888 inclusive and to#16'665 inclusive for the period of October 16th through 31, 1969, be approved in the total amount of $46,563.50. APPROVAL OF PURCHASE OF CIVIL DEFENSE FIRE TRUCK The City Manager reviewed a purchase agreement and an agreement for the use of radio equipment from the California Disaster Office for purchase of the State-owned Civil Defense Fire Truck No. 22 which has been housed at the Fire House. The City Manager recommended purchase of said unit for a total cost of $1.00 as set forth in the agreement. This proposed purchase will allow the City credit for an additional 1000 gallon pumping capacity which credit is not allowed under State ownership. On a motion by Councilman ~!orgad, seconded it was unanimously carried to approve the Of Fire A paratus" and "Agreement For Use the Mayor and Clerk be authorized to sign Defense Fire Truck No. 22 for a total cost by Councilman Scotto, ",^greement for Purchase Of Radio Equipment" and same to purchase Civil of $1.OO. SPECIAL WARRANTS On a motion by Councilman Norgard, seconded by Councilman Crook, was unanimOusly carries Special Warrants ¢/'1086 to ~'1098 inclusive in the total amount of $),265.2/ be approved and ordered paid. it CLAIM FOR DAMAGES DENIED (S.G. BHAKTA~ PALACE HOTEL) The City Attor owner of the P personnel were recommended th ney reviewed a claim for damages from S. G. Bhakta, alace Hotel resulting from a power outage while City involved in construction work in the area. It was e claim be denied. On a motion by Councilman Scotto, seconded by Councilman Crook, it was unanimously carried the claim of S. G. Bhakta in the total amount of $359.98 be denied. CLAIM FOR DAMAGES DEh'.IED (POMEROY-N! PPER) The City Attorney reviewed a claim for damages from L. B. Corse, Assistant Controller, Po~eroy-Nipper, San Francisco. Said claim alleged that a tree, located on property owned by Claimant, fell and damaged State property on U. S. 101, 400' north of Gobbi Street Overcrossing and the Division of Highways has requested payment for cost of repairs to said property. Claimant further alleged that said tree was damaged by fire in the Summer of 1969 during a week abatement project by the Department of Public Works and the Fire Department. It was recommended the claim be denied. On a motion by Councilman Norgard, seconded by Councilman Hill, it was unanimously carried the claim for damages by Porreroy-Nipper, MINUTES OF THE I'.IEETING OF THE COUNCIL OF THE CITY OF I.,.I~flAH NOVEHBER 5, 1969 - PAGE 2 San Francisco, in the amount of $475 LEG ! SLAT lYE REPORT be den i ed. The City Attorney reported on the Fo]lowing items from the recent Newsletter from the League of California Cities: Taxation of Municipally Owned tJtilities - A joint meeting of the Asseml~'ly and Senate Committees on Revenue and Taxation will be held in ?an Francisco November 17 and 18, 10:00 a.m., Administration Buildin9. The Committees will consider the taxation of municipally owned utilities as proposed in AB 1618 durin9 the 1969 Session. General Obligation Bond Propositions. One Man, One Vote. Inquiries has been mad~ about the status of litigation testin9 thA validity of California's constitutional requirement that city, county, and school district general obligation bonds be approved by a 2/3rds vote. f!otice of appeal has been filed with the Third District Court in Larez v. Shannon, F,!o. 16043 by the County Counsel. Attorney for the successful plaintiffs in the Larez case advised he will petition the California Supreme Court to take jurisdiction under Sec. 4(c) of Art. VI of the Constitution. Said attorney contends that the Supreme Court will eventually have to decide the case because the bonds will not otherwise be saleable and that the present position will leave schools and other public agencies in a complete quandary as to plannin9 their capital improvements. A number of other areas are contemplatin9 litigation and because of the interest in pendin9 litigation, the League would appreciate notice of any su~ filed in connection with this subject matter. 1969 LAFC Conference - November 21. The 1969 Statewide LAFC Con- ference will be held in San Diego November 21. Interested city officials should advise Mr. Robert L. Small, 1600 Pacific Highway, San Diego if they expect to attend the Conference. Prevail in9 Wage Rate Laws Not App, icable to C'1~¥ Emp,~ees. The prevailing wage kate statutues are not appliCa e to e full-time city employees working on public projects in the City, contrary to the earlier decision of the Court of Appeal. San Die..9o Strike Case Appealed. On the basis of long-standing law a'nd"the most recent Sacramento County decision denyin9 the right to strike by public employees, the City of San Diego is appeal in9 the decision of the Superior Court denyin9 ti injunctive relief against threatened work stoppages and a strike by city employees. The City Attorney continued his review of the Highlights of 1969 Legislation Affectin9 Cities: Streets and Highways Gas Tax Administration. SB 553, Chap. 344, (Collier) amen s Section' 2113 of th'~' Streets and Highways Code to permit cities to use interest from the investment of 9as tax funds for street purposes includin9 maintenance and construction on non- select streets, and requires that such funds be deposited in the city's special 9as tax street improvement fund. City Streets. SB 550, Chap. 665, (Colo.~ne). Procedures for vaca- tin9 and ¢andoni'n9 city streets has been §implified and shortened by the adoption of Section 1930 et seq. of the Streets and Highways Code. The procedure authorizes the city council to summarily vacate and abandon any portion of a street by resclution with certain exceptions. Rapid Transit. Increased legislative interest was evidnet at the 1969 Session-to relax the constitutional amendment restrictin9 highway user 'funds for street purposes. Because of this interest, it is likely that constitutional amendments similar to SCA 7 will be cons i dered i n 1970. 32 7 MINUTES OF THE MEETING OF THE COUNCIL OF THE CITY OF UK! NOVEMBER 5, 1969 - PAGE 3 Water Quality. The strongest water quality control act in the country was enacted. Of particular interest to local officials is that municipal 9overnment continues to be represented on the State Water Quality 4dvisory Committee and the regional boards. Noise. SB 941, Cha mental S"~"udy coun'ci solutions to contro p. 1042, (Moscone) charges the State Environ- 1 with the responsibility to study and suggest 1 noise emissions harmful to the environment. Open Space. AB 1177, Chap. 862, (Knox) requires that open space lands so restF["C'ted by the Californ'ia Land Conservation Act, the Open Space Easement Act, or other proposals, shall be valued for tax purposes by the capitalization of income method rather than market value or other means. All of the bills introduced on behalf of the Joint Committee on Open Space Land were enacted into law this session. Joint Use of Librar extends the authori and parks which are come under the gene community recreatio ies and Parks. AB 396, Chap. 754. (Moorhead) ty of S'ch°o'l dis'~r'i"~ts to jointly finance libraries adjacent to school sites, thus libraries and parks ral authority for schools to participate in n projects. Air ., , ~ng air lis port Parking. Prohibited. $B 144, Chap. 77, (Moscone). The driv- . parking or stopping of vehicles on the premises of municipal ports is now prohibited unless regulations contrary are estab- hed by the governing body. Speed limits. SB 358, Chap 631, (Carrell). Under Chap. 631, once a speed l"im'~t is establi'she~t I~y local authority on the basis of engineerin9 and traffic surveys as required by the existin9 law, similar engineerin9 surveys are required prior to revising the limit. Traffic Control Signs. SB 853 Cha?~ 1033, (Short). The Department of Public Works assumes,.e responsibility for rules and regulations providing uniform standards for all control devices. State adopting traffic RESO. NO. 70-7 APPOINTING ROBERT PRYOR TO AIRPORT COMMISSION On a motion by Councilman Scotto, seconded by Councilman Norgard, it was unanimously carried Resolution No. 70-7 be adopted and the Mayor and Clerk be authorized to sign same, "Resolution Appointin9 Member To Airport Commission (Robert Pryor)". RESO. NO. 70-8 APPOINTING JAMES E. MORRIS TO PLANNING COMMISSION On a motion by Cou was unani'mously ca Mayor and Clerk be Member to Planning cilman Crook, seconded by Councilman Hill, it ried Resolution No. 70-8 be adopted and the authorized to sign same, "Resolution Appointing Commission (James E. Morris)". NOTICE OF COMPLETION - ASPHALT CONCRETE OVERLAYS ON CITY STREETS A memorandum dated October 29, 1969, from the Director of ~ublic Works was reviewed statin9 the pavin9 of Park Blvd., Barnes Street, North Pine Street, and Elm Street were complete as per terms of the contract. The City Hanager recommended the work be accepted as complete and the Clerk be directed to file the required Notice of Completion. On a motion by Councilman Norgard, seconded by Councilman Crook, it was unanimously carried the asphalt concrete overlays on Park Blvd., Barnes Street, North Pine Street, and Elm Street be accepted as complete and the City Clerk be authorized to file the required Notice of Completion. 328 MINUTES OF THE MEETING OF THE COUNCIL OF THE CITY OF UKIAH NOVEMBER 5, 1969 - PAGE 4 COMMUNI QUE FROM PG&E (CHANGE OF TRANSMI SS SUPPLY L I NE VOLTAGE) ION Tme City Manag Pacific Gas & 60,000 volt tr to ll5,000 vol City's electri study approved view and study s tion may be made er E1 ansmission supply line and their Ukiah substantion ts by the end of 1971. This substation supplies the cal requirements. As a result of the electrical b/ the Council this matter will require further re- o a factual report for subsequent Council considera- to determine if City plans require adjustment. read a communique dated October 23, 1969, from ectric Company advising of their plan to change their PROPOSED AGREEMENT - OPERATION OF COUNTY LIBRARY TO JUNE 30, 1970 C i ty Man the Coun previous dissolut ported t wi th the be forwa Board of wi th the ager reviewed a proposed agreement to continue operation of ty Library by the City until June 30, 1970. The County had ly requested a time extension to permit a more orderly ion of the present library operation. The City Manager re- he points contained in said agreement had been reviewed County Administrator and if acceptable to the Council, will rded to the County A~dministrator for consideration by the Supervisors. Council authorized the City Manager to proceed final draft of said agreement. REQUEST & AUTHORIZATION TO CALL FOR BIDS - ADDITION TO FIRE STATION The City Man tion of an a and recommen ager reviewed the plans and specifications for construc- ddition to the existing Ukiah Fire D~epartment building ded the bid call be November 25, 1969, 2.-00 p.m. On a motion by Councilman Hill, seconded by Councilman Crook, it was unanimously carried the Clerk be authorized to call for bids for construction of an addition to the existing Fire Department building, bids to be received prior to November 25, 1969, 2:00 p.m. AWARD OF BID FOR ASPHALT CONCRETE ON WAUGH LANE & SPRING ST. (ABSCO PAVING) The City Manager reported the only bid received for asphalt concrete surfacings on Waugh Lane and Spring Street was from ABSCO Paving in the total amount of $9,152.00, and recommended the bid be awarded to said company. On a motion by Councilman Norgard, seconded by Councilman Scotto, i't was unanimously carried the bid from ABSCO Paving be accePted as recommended. APPROVAL OF OUT OF CITY WATER SERVICE-NICHOLAS PETERS~ HELEN AVE. The City Manager reviewed the original agreement proposed and approved by the Council for out of city water service to property at the south end of Helen Avenue. The service was not connected be- cause of a change of ownership in the property. Said agreement has been executed by the present property owner, Nicholas Peters. Annexation and its effect in this regard was discussed briefly. On a motion by Councilman Crook, seconded by Councilman $cotto, it was carried by a majority voice vote to approve the Agreement For Temporary Water Service with Nicholas Stanley peters and Myrtle M. Peters and the Mayor and Clerk be authorized to sign same. PROP OF M PLAN OSED AGREEMENT FOR FORMATION ENDOCINO COUNTY-CITIES JOINT NING COUNCIL The City Manager reviewed a proposed agreement for the formation of a Mendocino County-Cities Joint Planning Council. There were points 329 MINUTES OF THE MEETING OF THE COUNCIL OF THE CITY OF UKIAH NOVEMBER 5, 1969 - PAGE 5 of disagreement as set forth in said agreement. Council indicated more time will be needed to become more familiar wi th this proposal and what benefits such an agency might accomplish. PROPOSED AGREEMENT - DOG CONTROL OPERATION The City Manager reviewed an agreement concerning the dog control operation which had been approved by the Board of Supervisors. Portions of said agree- ment appeared to indicate inequities. The City Manager will review the areas of disagreement with the County Administrator. PROCLOMATION - PHYSICAL FITNESS WEEK After a letter was read regarding physical fitness, the Mayor proclaimed the week of November 10, 1969 as Physical Fitness Week. This program is sponsored by the Quaker Oats Company, the Ukiah Recreation Department, and Safeway Stores. MENDOCINO COUNTY DECLARED RABIES AREA The City Manager reported a State Department of Public Health comminque has advised that Mendocino County, as well as Humboldt and Lake Counties, has been declared a rabies area. Appropriate forms were included for com- pletion and submission to the County Health Officer for his endorsement and forwarding to the State Department of Public Health. LIBRARY PROGRESS REPORT The City Manager reported the library architect's first presentation showing the floor plan and basic design should be ready for submission to the Council in two weeks. POLICE VEHICLES City Mmnager reported the State will deliver Mercury police vehicles instead of the Dodge Polaras as anticipated. The cost of said vehicles is slightly lower than anticipated. COUNCILMAN SCOTTO Councilman Scotto asked about termination of the concession stand agreement at Anton Stadium. City Manager reported he has an appointment next week with a party who has indicated an interest in op~ting said concession. COUNCILMAN SCOTTO Councilman inquired about the leaf control program. City Manager reported we are in the process of releasing a newspaper article to discourage leaf burning. In the meantime, we will continue to attempt to keep ahead of the leaf pickup by doubling up on sweeping. COUNCILMAN CROOK Councilman Crook asked about the application for a Mainstream employee for the Park. City Manager reported there has been no contact from the local Mainstream representative even though there has been indication that a Mainstream employee could be used. Councilman Crook asked about the check dams and was advised there was no further information. There will be a follow-up. ADJOURNMENT There being no further regular business, the Mayor declared the meeting adjourned at 9:56 p.m. CITY CLERK MAYOR