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HomeMy WebLinkAboutMin 04-23-69232 Mi NUTES OF THE MEET I NG OF THE COUNC I L OF THE C I TY OF UK I AH APRIL 23, 1969 The City Council convened in regular session in the Council at 8:O1 p.m. with Mayor Henderson, Councilmen Crook and Hill Councilmen Scotto and F~orgard were absent. C h amber s present. APPROVAL OF MINUTES On a motion unan i"mou's 1 y approved as by Councilman Hill, seconded by Councilman Crook, it was carried the minutes of the meeting of April 9, 1969, be submitted by the Clerk. PAYROLL WARRANTS On a motion by Councilman Crook, seconded by Councilman Hill, it was unanimously carried Payroll Warrants #550 to #575 inclusive and #14697 to #14839 inclusive in the total amount of $43,346.34 for the period of April 1st through April 15, 1969, be approved. GENERAL WARRANTS On a mot ion was unan Imou in the total by Councilman Hill, seconded by Councilman Crook, it sly carried General Warrants#6692 to #6841 inclusive, amount of $105,456.36 be approved and ordered paid. WATER METER LITIGATION The City Attorney reported further regarding the water meter liti- gation over price fixing in the sale of water meters and parts during the past ten years by various meter companies. Total City purchases for water meters and parts during this period of time is $59,752. COUNCILMAN NORGARD ARRIVED AT THIS POINT IN THE MEETING - 8:11 P.M. The City Attorney explained the manner in which the cost to the City is computed and the approximate amount the City would realize in the event said litigation is successful. He recommended that the City join this class action suit as early as possible. On a motion by Councilman Crook, seconded by Councilman Norgard, it was unanimously carried to retain the firm of Broad, Busterud & Khourie to institute an action against the manufacturers of various water meters and parts for damages incurred as a result of violation of the antitrust laws. CITY ATTORNEY REPORTS RE 1969 LEGISLATION AB374 - Policemen and Firemen Retirement at Age 50 - The Assembly Committee on Public Employment and Retirement has approved this bill. Said bill will provide for the retirement of policemen, fire- men, and other local safety members at age 50, with a mandatory re- tirement age of 60. its enactment will interfere with local control of local employees and will cost the City an amount equivalent to 17¢ tax increase. City Manager recommended we again express our opposition to said bill and was directed to do so by the Council. Mayor Henderson suggested that each Councilman individualoy express their opposition to said bill. SB538 - Brown Act. Misdemeanor. Knowledge of Violation Unnecessary This bill' will make a member of the City Counci"'l subject to prosecu- - tion under the Brown Act even though he attends a meeting without knowledge of the fact that the meeting is in violation of the Brown Act. The City Attorney read Section 54959 of the Government COde which would be amended by this bill. AB825 - Workmen's Compensation: Firefighters. Makes pulmonary disease, rather ~h'a'n only pneumonia, which"develons or manifacts itself while in service of fire department, an "injury~' within the meaning of workmen's compensation provisions whereby such injury is rebuttably presumed to arise out of and in course of employment. MINUTES OF THE MEETING OF THE COUNCIL OF THE APRIL 23, 1969 - PAGE 2 CITY OF UKIAH 233 AB908 - Public Employees' Retirement System Increases the public emp'l~y'er's contribution to the retirement f~nd by unspecified amount with respect to law enforcement members. Increases amounts of re- tirement benefits to law enforcement members of P.E.R.S. AB977 - Workmen's Compensation. Specifies that the language in ~he divisions on workmen's compensation and insurance and safety in employment shall be construed by the courts with equal regards and concern to protect the right of the employee and the employer instead of requiring that the provisions of these divisions be liberally construed by the courts with the purpose of extending their benefits for the protection of persons injured in the course of their employment. for SB495 - Recordings of Public Meetings Requires that recordings be made of any meet~'n'gs of Ci'ty Councils[ Boards of Supervisors, or Planning Commissions which may affect personal or property rights of any person. Excludes executive sessions and privileged communications. RES. NO. 69-44 APPROVING TEMPORARY CLOSING OF STATE ST. City Manager explained that due to change in Division of Highways policy regarding permission to close State Street during the annual Fiesta Parade, Council permission in the form of a resolution, is required by the State. On was and Of a motion by Councilman Hill seconded _b~ Councilman Norgard, it unanimously carried Resolu~:ion No. 69-~4 be adopted and the Mayor Clerk be authorized to sign same,"Re solution Of The City Council The City Of Ukiah Approving Temporary Closing Of State Street." RES. NO. 09-45 REQUESTING ADDITIONAL EDUCATLON FINANCE MONIES AND EQUAL EDUCATIONAL OPPORTUNITY City Manager reported Mr. Burt Banzhaf had requested time on the agenda to speak to the Council in support of AB409, but due to change of plans, was unable to be present. The City Manager and Councilman Crook briefly reviewed said bill. City Manager reported the Board of Supervisors has taken action in support of said bill and the resolution adopted by said Board was read in full by the City Manager Council generally approved the content of the aforementioned resolution with the deletion of a portion. On a motion by Councilman Crook, seconded by Councilman Norgard, it was unanimously carried Resolution No. 69-45 be adopted and the Mayor and Clerk be authorized to sign same, "Resolution Of The City Council Of The City Of Ukiah Requesting Additional Education Finance Monies And Equal Education Opportunity". PROTESTS REGARDING UKIAH'VALLEY TRAP CLUB City Manager reported no conclusion has been reached between the group appointed committees from the Ukiah Valley Trap Club and the petitioners group. Mr. Hersey, representing the petitioners, was present in the audience and read a statement regarding their objection to the noise created by said club. In view of City Attorney opinion made at the previous meeting when objections by the petitioners was expressed and terms of the lease between City and said club, no action was taken by the Council. APPROVAL OF FIFTH AMENDMENT TO UKIAH VALLEY FIRE PROTECTION DISTRICT AGREEMENT City Manager reported the Fifth Amendment to the Ukiah Valley Fire Protection District Agreement has been signed by the District Board of Directors. This will provide $37,428 for the coming fiscal year for services provided by the City to the Fire Protection District. 234 MINUTES OF THE MEETING OF THE COUNCIL OF THE CITY OF UKIAH APRIL 23, 1969 - PAGE 3 On a motion by Councilman Norgard, seconded by Councilman Crook, it was unanimously carried the Fifth Amendment to the Ukiah Valley Fire Protection District-City of Ukiah Agreement be approved and the Mayor and Clerk be authori zed to sign same. PROPOSED ARCHERY RANGE City Manager reported the (sity Attorney has discussed the proposed archery range with Mr. Foote as instructed and has determined that a substantial amount of information is still needed before a pro- posal will be made to the (souncil. Anorganized club from Sebastopol will meet with Mr. Foote to obtain the needed information tor Council. DISCUSSION OF REQUEST FOR LEASE AT All, PORT City Manager reported a reply has not been received from Skymark Airlines regarding any additional obligation they may have regarding terms of their lease. In the interim, a request from a car rental agency has been received to lease counter space in the Airport Ad- ministration Building. No action will be taken until elapse of time limit as set 'Forth in the lease with Skymark Airlines. AWARD OF BID FOR GOLF CART STORAGE BUtLDING City Manager reviewed the bids for the golf cart storage building as follows, stating they met specifications, and recommended the award be made to Christensen Construction Company: Don Johnson Construction Company Christensen Construction Company $6,800.00 $4,569.00 On a motion by Councilman Norgard, seconded by Councilman Crook, it ........ was unanimously carried the bid for the golf cart storage building be awarded to Christensen Construction Company in the total amount of $4,569.00 DISCUSSION OF PROPOSED INCREASE IN TAXI RATES The City Manager distributed information to the Council concerning the request for an increase in taxi rates by the operator, Lawrence Pacini. Mr. Gus O'Farrell and Mr. Harvey Rideout, Mendocino State Hospital, were present in the audience and stated in the use of the taxi service by various persons from the State Hospital, it has been determined that the rates set forth in the agreement with the City are not being followed and requested that the rates set be used without deviation. Mr. and Mrs. Lawrence Pacin: were present in the audience and explained the manner in which charges are computed for passengers who arrive at the bus depot and request to be taken to the State Hosp ita 1. The City Manager reviewed the request made by Mr. Pacini for said rate increase and also his recommendations. Mrs. Pacini stated the City Manager's recommendation for rate increase would require modification of each meter, an additional cost not anticipated. In view of this additional information, the City Manager was directed to submit another recommended rate change, a projections of the effect of said increase, and a method of handling the claimed overcharges by drivers. MAYOR HENDERSON DECLARED A RECESS AT THIS TIME - 9:50 P.M. 235' MINUTES OF THE MEETING OF THE COUNCIL OF THE CITY OF UKIAH APRIL 23, 1969 - PAGE 4 APPROVAL OF REQUESTS FROM MEN'.~ GOLF CLUB FOR INVITATIONAL GOLF TOURNAMENT On a motion by Councilman Crook, seconded by Councilman Norgard, it was unanimOusly carried the request from the Men's Golf Club be .granted for reduction of the two day green fees to $3.50 for the ~nvitational golf tournament on May 3rd and 4, 1969. CORRECTION OF ERROR IN CONVEYANCE OF PROPERTY (CHARLES V. RUELLE) City Manager reported an error had been made in the conveyance of .property to the City by Charles V. Ruelle. Said property is a portion ~n the proposed Orr Creek channel straightening. The four steps required to correct the recordings were explained by the City Manager. On a motion by Councilman Norgard, seconded by Councilman Hill, it was unanimously carried to take the following steps: l) Authorize the Mayor and Clerk to execute the deed returning Parcel A and B to Charles V. Ruelle and Jacqueline Ruelle es described in that deed recorded in Book 778, page 664 of the Mendocino County Records. 2) Authorize the Mayor and Clerk to accept the need.deed from Charles V. Ruelle and Jacqueline Ruelle for Parcel A and B as per corrected description and direct the recordation of same. 3) Authorize the Mayor and Clerk to accept the deed from Charles V. Ruelle and Jacqueline Ruelle returning the parcel trans- ferred in that deed recorded in Book 778, page 667 of the Mendocino County Records. 4) Authorize the Mayor and Clerk to execute the new need con- veying property by the corrected description to Charles V. Ruelle and Jacqueline Ruelle. REPORT ON LETTER FROM F.A.A. RE. BUILDING REQUIREMENTS City Manager reported receipt of the letter from F.A.A. regarding the building requirements for proposed flight service station on a lease arrangement. The scheduled flight to Red Bluff to look at a similar operation as the one proposed was set for May 7th. TOUR OF OMNI-STATION City Manager took reservations for those planning to take the tour of the omni station arranged by the Airport Commission. CORRESPONDENCE: RE UKIAH VALLEY WATERSHED OF RUSS lAN RIVER City Manager read a copy of a letter dated April 10, 1969 to the U.S. Army Corps of Engineers from the Millview County Water District requesting appropriate measures be taken to investigate the causes of the condition existing in the Ukiah Valley watershed of the Russian River and to implement remedial steps promptly. After discussion of the existing problem, the City Engineer was directed to have more specific recommendations on what the City should be doing in support of this project. 236 MINUTES OF THE MEETING OF THE COUNCIL OF THE CITY OF UKIAH APRIL 23, 1969 - PAGE 5 VAR lANCE APPLICATION NO. 69-6 TED CONNALLY ET AL Variance Application No. 69-6 by Ted Connally et al to build a Jr. Department Store with frontage on South State, West Gobbi, and South Oak Streets, zoned C-1 and R-2, plot plan and minutes of the Planniog Commission Minutes dated ~pril 17, 1969, were re- viewed by theCity Manager. Resolution No. 69-9 recommending granting the application was also read. Councilman Crook stressed the importance of the public being made aware of variance applications to be considered by the Council. Mr. Jack Cox, representing the applicant, was present in the audience and spoke in favor of granting the application. He explained reasons why the request to hasten Planning Commission and Council action was made. In his opinion, the request was not in conflict with the public's interest. On a motion by Councilman Norgard, seconded by Councilman Crook, it was carried by a majority voice vote to postpone action on Variance Application No. 69-6 to the May 7th meeting GOLDEN PACIFIC AIRLINES City Manager reported Golden Pacific Airlines proposes changes in schedule inasmuch as there is a need for morning flights. They anticipate having a publicity campaign to increase the use of the airlines. STATE COMPENSATION INSURANCE DIVIDENI3 CHECK COUN City Manager reported $12,968.25 dividend check has been received from the State Compensation Insurance Fund. City Manager stated the employees were to be commended for their splendid record. CILMAN CROOK Councilman be i ng made plan. Crook asked if there were a plot plan of improvements at McGarvey Park and the City Engineer explained said Councilman Crook asked the status of the triangle at the park and it was explained that the area has to be leveled and planted to complete the project. COUNCILMAN NORGARD Councilman Norgard asked the status of the second nine holes at the golf course and if there is a record of city participation to this project. City Engineer explained records in this regard are being kept. COUNCILMAN HILL Councilman Hill referred to March 19th minutes regarding an expected drawing from F.A.A. and was advised the drawing has been received, only the letter. not Councilman Hill asked about the traffic element of the general plan and was advised that this is planned as part of the budget. Mayor Henderson and Councilman Hill reported regarding the Mayor's and Councilmen"s Institute both recently attended in Sacramento. Mayor Henderson reported further regarding receipt of the dividend check from the State Compensation Insurance Fund. He stated that MINUTES OF THE MEETING OF THE COUNCIL OF THE CITY OF UKIAH APRIL 23, 1969 - PAGE ~ 2'37' supervisors and department heads are to be commended for their emphasis on safety which has resulted in the excellent City record. ADJOURNMENT There being no further regular business, the Mayor declared the meeting adjourned at 11:21 p.m. to reconvene in personnel session. MAYOR ATTEST: