HomeMy WebLinkAboutMin 09-06-61MINUTES OF THE MEETING OF THE COUNCIL OF THE CITY OF UKIAH -
SEPTEMBER 6, 1~61
The City Council convened in regular session in the Council
Chambers at 8:02 P.M. with Mayor Smalley, Councilmen Runkel,
and Buxton present. Councilmen Wagner and Banker were
absent.
APPOINTMENT OF CITY CLERK PRO TEM:
In the absence of
Councilman Runkel
APPROVAL OF WARRANTS:
the City Clerk, Mayor Smalley appointed
City Clerk pro tem.
On a motion by Councilman Runkel, seconded by Councilman
Buxton, it was unanimously carried Payroll Warrants for
the period from August 16th to 31st, 196l be approved
in the amount of $30,035.39.
On a motion by Councilman Buxton, seconded by Councilman
Runkel, the Council unanimously approved general warrants
in the amount of $1,071 .25 including Warrant #1901 in the
amount of $379.00 payable to Montgomery Ward, a substitution
for Warrant #1805 in the amount of $39~.16, dated August
31, 1961 which was cancelled.
APPROVAL OF MINUTES:
On a motion by Councilman Runkel, seconded by Councilman
Buxton, it was unanimously carried preliminary minutes
of August 23, 1961 be approved as corrected.
DECI SI ON OF DI STRI CT COURT OF APPEALS -
CITY OF UKIAH v. BOARD OF TRUSTEES OF
THE MUNICIPAL LIBRARY AND GEORGE FONES:
The City Attorney reported to the Council that the District
Court of Appeals had rendered its decision in the matter
of the City vs. the Library Board and George Fones, and
that the decision was to the effect that the decision
previously rendered by the Superior Court of Mendocino
County was reversed. The Appel late Court decision thereby
has the effect of sustaining the position previously taken
by the City Council, which was that Mr. Fones and all other
Library employees were City employees and came within the
Civil Service Ordinance.
VARIANCE APPLICATION NO. 62-I
ANNETTE HEPNER - 153 CRESTA DRIVE:
The City Manager reviewed Variance Application No. 62-1
by Annette Hepner to permit the operation of a part-time
beauty shop at 153 Cresta Drive. Also reviewed was the
Planning Commission Minutes of August 17, 1961 in which
the Commission unanimously recommended the variance be
deni ed.
COUNCILMAN WAGNER ARRIVED AT THIS POINT IN THE MEETING - 8:12 P.M.
Mrs. Hepner was present on behalf of this application.
Mr. Jack McNab and Mr. Robert Mattern, residents of
Cresta Drive, were present to protest the granting of
this variance.
Upon being recognized Mrs. Hepner- explained that she had
other full time employment and wished to supplement her
present income throu9h operation of a part time beauty
shop in her home. She stated that she expected to take
care of no more than two to three customers each week
and therefore felt no parkin9 problem would result.
MINUTES OF THE MEETING OF THE COUNCIL OF THE CITY OF UKIAH
SEPTEMBER 6~ 1961 - PAGE 2:
10:
Verbal protests were heard from Mr. MacNab and Mr.
Mattern on the basis that the property is located within
an R-2 Zone which is well established as a residential
area and they oppose any type of business being permitted
to operate in this neighborhood.
It was felt by the majority of the Council that to grant
this variance would not be in harmony with the general
purpose of the Zoning Ordinance, which is to control the
use of property. However, Councilman Runkel expressed
the opinion that favorable consideration could be given
the application on the basis of the small operation pro-
posed by the applicant.
On a motion by Councilman Wagner,
Buxton, it was carried by a 3 to
No. 62-1 be denied.
seconded by Councilman
vote Variance Application
AYES:
NOES:
Councilmen Wagner,
Councilman Runkel.
Buxton and Mayor Smalley.
ABSENT: Councilman Banker.
Upon inqui ring what further steps she could take toward
obtaining the variance, Mrs. Hepner was informed that the
provisions of the Zoning Ordinance permit her to file an
appeal to the Planning Commission for reconsideration of
the application.
PUBLIC HEARING ON ORDINANCE
NO. 544 AN ORDINANCE CODIFYING
AND ADOPTING BY REFERENCE CERTAIN
PORTIONS OF DIVISION 2 - "BUSINESS"
IN CODE FORM.
The Public Hearing regarding the adoption of Ordinance
No. 5b~4 codifying certain existing ordinances and making
certain new enactments was declared open at 8:30 P.M.
The City Attorney reviewed the ordinance as presented.
There being no protests or comments from the audience,
the public hearing was declared closed.
On a motion by Councilman Wagner, seconded by Councilman
Buxton, it was unanimously carried Ordinance No. 544 be
adopted and the Mayor and Clerk be authorized to sign
same "An Ordinance Codifying and Adopting by Reference
the Following Ordinances and Portions of Ordinances,
Together wi th such Amendments Thereto as are Hereinafter
Specified, in Code Form to be included in Division 2 of
the Ukiah City Code; Ordinance No. 481 Relating to Pawn
Brokers as Amended by Section 2 of this ordinance; Ord-
inance No. ~+83 Relating to Auctions as Amended by Section
3 of this Ordinance; Ordinance No. 460 Relating to Fortune
Telling; Ordinance No. L~07 Relating to Carnivals; Ordinance
No. 513 Relating to Pool and Billiard Parlors; Ordinance
No. 446 Relating to Trailers and Trailer Camps; Ordinance
No. 395 Relating to For Hire Motor Vehicles as Amended by
Section 4 of this Ordinance; and Enacting Certain New
Provisions in Division 2 of the Ukiah City Code Consisting
of Chapter 6 Entitled "Restaurants", and Providing Penalties
for the Vio!ation Thereof."
DISCUSSION OF PROPOSED CORRECTION OF
STORM DRAINAGE - CLAY AND OAK STREETS
In discussing the need for correction of the storm drainage
problem at Clay and Oak Streets, the Council unanimously
approved installation of an underground drainage pipe as
proposed by the City Engineer. The cost for the work was
MINUTES OF THE MEETING OF THE COUNCIL
SEPTEMBER 6, !961 - PAGE 3:
OF THE CITY OF UKIAH
estimated at $2,500., but it was emphasized by the City
Engineer that it would result in a permanent solution
to the excessive maintenance required at this intersection.
CIVIL AERONAUTICS BOARD REPORT:
The City Manager reported receiving the fourth in a
series of quarterly reports from CAB which indicates
an average of 2.30 passengers originating at Ukiah
using the Pacific Airlines' service.
COUNCILMAN RUNKEL:
,
Councilman Runkel commented on the hazard resulting
from the parking on bicycles in the sidewalk area,
particularly where they are left lying on the side-
walk. It was noted that no parking area actually
is designated for bicycle parking and it was felt
that at present this was a Poi ice prob,l,em.
Mr. Runkel reported that a North State Street property
owner had i nqui red whether all property owners had
paid for the curb and gutter work performed by the
City on N. State Street, and if not, felt that he
should be reimbursed the amount which he had paid
for his portion of the work. According to Mr. Runkel,
the property owner also complained that a corner stake
had been lost in the course of widening State Street.
The City Attorney stated that it was his opinion that
all of the obligations which can reasonably be expected
regarding the curb and gutter payments have either
been made or reduced by judgment. It was his opinion
that no action by the Council would be appropriate
in the absence of a formal request for repayment by
one or more property owners, but that even if such
were done, he felt that there is no legal authority
for authorizing such repayment.
The City Manager stated that it should be remembered
that the widening of State Street was a State project
and that if any stakes were lost or destroyed, the
property owners should look to the State rather than
the C i ty.
o
Mr. RunkeI inquired whether the Police Department
issued citations to out of state vehicles for parking
violations and was informed that courtesy tags were
issued in these cases.
ADJOURNMENT:
As there was no further regular business, Mayor Smalley
declared the meeting adjourned at 9:11 P.M. after which
the Council reconvened in closed personnel session.
ATTEST:
~'CI }W 'C'~L"E'I~i~ PRO TEM
MAYOR