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HomeMy WebLinkAboutMin 09-02-64MINUTES OF THE MEETING OF THE COUNCIL OF THE CITY OF UKIAH SEPTEMBER 2, 1964 The City Council convened in regular session in the Council Chambers at 8:00 P.M. with Mayor Banker, Councilman Norgard, Buxton and Scotto present. Councilman Smalley was absent. APPROVAL OF MINUTES On a motion by Councilman Norgard, seconded by Councilman Scotto, it was unanimously carried the minutes of August 26, 1964 be approved as submitted by the Clerk. PAYROLL WARRANTS On a motion by Councilman Buxton, seconded by Councilman Scotto, it was unanimously carried payroll warrants for the period of August 16th through 31st, 1964 be approved in the amount of $33,988.00. SPECIAL WARRANTS On a motion by Councilman Norgard, seconded by Councilman Buxton, i't was unanimously carried special warrants in the amount of $5,636.66 be approved and ordered paid. CLAIM FOR DAMAGES OF ROBERT GWlN AND WlLMA GWIN DENIED The City Attorney reviewed a claim filed by Robert Gwin and Wi lma Gwin for damages in the amount of $2,677.32 to certain personal property at 724 S. State St. Claimant alleges the damage occurred on or about July 10, 1964 when a control burn for a private owner got out of control. On a motion by Councilman Buxton, seconded by Councilman Scotto, it was unanimously carried the claim of Robert Gwin and Wi lman Gwin for damages in the amount of $2,677.32 be denied. CLAIM OF FIRST BAPTIST CHURCH DEN I ED The City Attorney reviewed a claim presented by Mr. Frank McCray on behalf of the First Baptist Church at Smith and Oak Streets for damages to church property in the amount of $76.06 alleged to have resulted from a sewage back-up from the City's sewer main on or about August 25, 1964. On a motion by Councilman Scotto, seconded by Councilman Buxton, it was unanimously carried the claim of the First Baptist Church for damages in the amount of $76.06 be denied. STEIERT WATER RIGHT - REQUEST OF MR. MC ALLISTER FOR RELOCATION OF WATER METER DENIED The City Attorney reviewed the history of the Steiert water right and stated that he was of the opinion that it is a legal water right, but that the Council is not obligated under the water right to allow Mr. McAllister to change the point of service to State Street. The City Attorney pointed out that the Council in 1930 had authorized a connection on Low Gap Rd. COUNCILMAN SMALLEY ARRIVED AT THIS POINT IN THE MEETING: 8:06 P.M. separate from the single point of service required under the water right, but that this likewise would not constitute an obligation upon the City to permit the requested change in the water service location. MINUTES OF THE MEETING OF THE COUNCIL OF THE CITY OF UKIAH SEPTEMBER 2, 1964 - PAGE 2 The Council then heard from Attorney Charles Mannon represen- ting Mr. McAllister. The mat~ter was then discussed by the Council. Mayor Banker reported that he had discussed water rights as they might pertain to the property Mr. Feibush purchased from the McAllisters, and that Mr. Feibush had informed him that if Mr. McAllister's water line were removed from his property he would be agreeable to relinquishing all water rights he may have acquired by purchasing the property. The Mayor also suggested that the Council consider the possi- bility of negotiating with the McAllisters in an effort to establish a time limit on the existing water right based on the ownership of the McAllister property remaining with the heirs of Mrs. McAllister, and terminating at the time any party other than McAllister heirs obtain title to the property. No action was taken by the Council on these suggestions. Councilman Norgard was of the opinion, which was concurred in by Councilman Buxton, that consideration should be given to abandoning Well site #1 at the earliest practical time, since the City Attorney had indicated that this abandonment, together with the fact that the City no longer uses the ease- ment granted under the Gibson water right, would terminate all of the rights claimed thereunder. The City Engineer expressed the opinion that abandonment of Well site #1 was under con- sideration but that he would not recommend its immediate aban- donment until an alternate water source had been developed. Councilman Norgard moved and Councilman Buxton seconded that Mr. McAllister's water service remain at its present location. The City Attorney pointed out that the wording of. this motion might constitute ratification by the Council of Mr. McAllister's present water service location. The Council was in general agreement that it did not desire to take any action which might be susceptible of that interpretation, whereupon the motion and second were with drawn and the following motion substituted. On a motion by Councilman Norgard, seconded by Councilman B'd'xton, it was unanimously carried the Council deny the applica- tion of Mr. McAllister to be served from a water meter located on North State Street. APPROVAL OF AGREEMENT FOR TEMPORARY WATER SERVICE TO RAYMOND A. JEAN PROPERTY The City Attorney read in full a proposed agreement for tem- porary water service to the property of Raymond A. Jean at 1374 Helen Avenue. On a motion by Councilman Scotto, seconded by Councilman Norgard, it was unanimously carried the agreement for temporary water service with Raymond A. and Mary P. Jean be approved, and the Mayor and Clerk be authorized to sign same. PUBLIC UTILITIES COMMISSION APPROVAL OF P.G. & E. CO. FRANCHISE The City Attorney reported receiving a copy of the opinion rendered by the Public Utilities Commission approving acceptance by Pacific Gas & Electric Co. of the franchise granted by the City for installation and maintenance of through lines. MINUTES OF THE MEETING OF THE COUNCIL OF THE CITY OF UKIAH SEPTEMBER 2, 1964 - PAGE 3 AWARD OF BID TO DUNNING MOTORS, INC. FOR REPLACEMENT POLICE CARS The Council was advised that only one bid was received from Dunning Motors, inc. for the furnishing of four replacement police cars in the amount of $6336.63 including credit for trade-in of three cars. The City Manager reported that he had received calls from several other dealers stating that they could not bid due to the possibility of a strike, and to difficulty in obtaining 1965 price lists. It was the City Manager's recommendation that the bid of Dunning Motors, Inc. be accepted. On a motion by Councilman Buxton, seconded by Councilman Smalley, it was unanimously carried the bid of Dunning Motors, Inc. in the amount of $6,366.63 for four replacement police cars be accepted as per specifications. Mr. exp 1 deli the Ralph Rains was present, representing Daniels-Harlowe, ained their problems in getting a guaranteed price and very date, and stated that their main objection was to penalty clause contained in the specifications. and JR. GOLF CLUB CAR WASH Mayor Banker reported that a car wash will be held by the Jr. Golf Club at the Municipal Club House and that they wished permission to use City Water for this project. All members of the Council were agreeable to granting this request. NORTHWESTERN PACIFIC RAILROAD CO. CORRESPONDENCE RE. BRUSH ST. CROSSING The Paci the the cond City Manager read a copy of a letter from Northwestern fic Railroad Co. to Mr. James E. Bush giving assurance of Railroad's cooperation in controlling the blocking of Brush Street crossing, and in improvement of the present ition of the crossing. ADJOURNMENT There being no further regular business, Mayor Banker declared the meeting adjourned at 9:20 P.M. ATTEST: CITY t;LERK-