HomeMy WebLinkAboutMin 02-06-91MINUTES OF THE CITY COUNCIL OF THE
CITY OF UKIAH - February 6, 1991
The City Council convened in a regular meeting at 6:35 p.m., in
the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah,
California. The following Councilmembers were present at roll
call: McMichael, Wattenburger, Schneiter and Mayor Henderson.
Absent: Councilmember Shoemaker. Staff present: City Clerk
McKay, City Manager Rough, City Attorney Rapport, Public Works
Director Goforth, Acting Community Services Director Heise,
City Engineer Beard, Community Development Director Harris,
Executive Assistant Stamelos, Grace Hudson/Sun House Museum
Director Abel-Vidor, Assistant Electrical Distribution Engineer
Wobig, Public Safety Director Keplinger, Electric Utilities
Director Roper, Police Captain Budrow.
INVOCATION/PLEDGE OF ALLEGIANCE
City Clerk McKay delivered the Invocation and Councilmember
Wattenburger led the Pledge of Allegiance.
PROCLAMATIONS
4a. American Heart Association Month of February
Mayor Henderson read and presented this proclamation to Toni
Onori, Director of the American Heart Association and Debbie
Dengler, President of the Board of the Local American Heart
Association, who presented Council with posters and and noted
upcoming events.
Councilmember Shoemaker joined the meeting at this time.
4b. Scouts in Government Day
Mayor Henderson read and presented the Boy Scout proclamation to
Corey Stanley, District Chairman of Yokayo Boy Scout District.
SPECIAL ORDER OF BUSINESS
5a. Presentation of Commendation to Morey McCloud
Mayor Henderson read and presented this surprise Commendation to
Morey McCloud in appreciation of his many contributions to
the City of Ukiah as a Volunteer Firefighter and Photographer.
Mayor Henderson presented Public Safety Director Keplinger with
his new Director of Public Safety badges.
6. INTRODUCTION OF NEW EMPLOYEES
The Public Works Director introduced and provided Council a
brief biography of new employees Gary Smith, Equipment Mechanic
and Michael Moore, Plant Operator.
APPROVAL/CORRECTION OF MINUTES
7a. Regular Adjourned Meetinq of January 9, 1991
Mayor Henderson made one correction to Page 2, last paragraph,
second line, change "15" to "16".
M/S Schneiter/McMichael to approve the minutes of the regular
adjourned meeting of January 9, 1991, as amended. The motion was
carried by the following roll call vote: AYES: Councilmembers
McMichael, Wattenburger, Shoemaker, Schneiter and Mayor
Henderson. NOES: None.
7b. Reqular Adjourned Meetinq of January 16, 1991
M/S Shoemaker/McMichael to approve the minutes of the regular
adjourned meeting of January 16, 1991, as submitted. The motion
was carried by the following roll call vote: AYES:
77
Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and
Mayor Henderson. NOES: None.
7c. Reqular Meetinq of January 16, 1991
Mayor Henderson made one correction to Page 1, Item 4b., 1st
paragraph, change "Hans" to "Hons".
M/S McMichael/Schneiter to approve the minutes of the regular
meeting of January 16, 1991, as amended. The motion was carried
by the following roll call vote: AYES: Councilmembers McMichael,
Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES:
None.
RIGHT TO APPEAL DECISION
Mayor Henderson reviewed Section 1094.6 of the California Code
of Civil Procedures regarding the appeal process.
CONSENT CALENDAR
Councilmember McMichael requested a report regarding City tree
trimming policies be agendized for a future meeting.
The City Manager noted the request. He also noted the need to
pull Consent Calendar Item 9f. Approval of Aqreement to
Administer the Environmental Impact Report for the Airport
Industrial Park and Item 9q. Approval of Contract with Leonard
Charles and Associates to Prepare the Environmental Impact
Report for the Airport Industrial Park (Planned Development)
from this agenda and stated it will be on a future agenda.
It was the general consensus of Council to pull Item 9f. and
Item 9g. from the Consent Calendar.
M/S Schneiter/Wattenburger to approve the Consent Calendar as
follows:
9a. Approved the Payroll Warrants dated from January 6, 1991 to
January 19, 1991, #37557 to 37718, in the amount of $120,371.55
and the General Warrants, #49446 to 49682, in the amount of
$341,561.67.
9b. Denied the claim for damages of Irene Senften and H & M
Tree Service (Brenda and Elmer Hargis), and referred them to the
City's insurance carrier, R.E.M.I.F.
9c. Adopted Resolution No. 91-41, Authorizing the Mayor to sign
the employment agreement with City Manager Charles L. Rough, Jr.
9d. Approved Parcel Map No. 90-47, a minor subdivision of two
parcels in Redwood Business Park, and accepted the easements for
dedication as shown upon the map, and authorized the Mayor and
City Clerk to execute the map on behalf of the City of Ukiah.
9e. Authorized the Mayor to appoint five persons to serve as the
Building Code Appeals Board for the request of Patrick Coyne.
The motion was carried by the following roll call vote: AYES:
Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and
Mayor Henderson. NOES: None.
10. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No one came forward.
UNFINISHED BUSINESS
12a. Approval of Contract Extension for Water Riqhts Attorney,
Gary Weatherford
The City Attorney noted that this agreement would authorize Mr.
Weatherford to perform a preliminary assessment of the
Reg. Mtg.
February 6, 1991
Page 2
78
priority and quantity of the City's water rights, utilizing the
services of a hydrologist for the purpose of analyzing existing
data, but would not be conducting independent field
investigation. He also noted that the primary focus of this
investigation would be on the nature of the City's pre-1949
water rights and its rights under its appropriated rights permit
in relation to project and non-project water in the Russian
River.
Discussion ensued regarding the current status of the Russian
River Flood Control District agreement negotiations with Sonoma
County.
Mayor Henderson clarified that we are not directly involved in
the negotiations between the Russian River Flood Control
District and Sonoma County, and are only addressing the City's
concerns in the proposed wording of possible agreements between
the Russian River Flood Control District and Sonoma County.
M/S Schneiter/Wattenburger approved and authorized the Mayor to
sign the agreement with Gary Weatherford to retain his
services and the Law Offices of Payne, Thompson, Walker and
Taaffe, and authorized the transfer of $20,000 into the City
Attorney Account No. 100-1401 to cover anticipated costs of the
contract. The motion was carried by the following roll call
vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker,
Schneiter and Mayor Henderson. NOES: None.
PUBLIC HEARING
lla. Consideration of Adoption of Resolution Adjusting Electric
Utility Rates Effective February 1, 1997
The Electric Utilities Director reported on January 1, 1991, the
California Public Utilities Commission granted PG&E an
electric rate increase, which was anticipated and included in
the current Ukiah electric budget for Fiscal Year 1990/91. He
commented this represents an average increase of 12%. He stated
this proposed increase does reflect the Council policy of
remaining below PG&E rates after passing on fuel costs and noted
an alternate low income rate program has been provided for
consideration.
Discussion ensued regarding the Electric Department's monthly
revenue, this winter's cold weather effect on usage, cost of
electricity, electric department revenue, the low income rate
program and distribution of costs passed on to other electric
customers, current electric department operating at a deficit,
delinquency rates and bad debts.
Public Hearing Open - 7:21 p.m.
A1 Kirchner, 1000 Maple Avenue, stated the Electric
Department has shown net profits in the years of 1984 and 1987,
and noted that last year rates were raised along with the
lowering of lifeline allowances. He asked what people on fixed
incomes should do. He stated that according to the law, the
electric rates are not supposed to be raised and the only way
the public can stop these rate increases is to file a class
action lawsuit.
Judy Pruden, 304 South Hortense, questioned the new proposal for
a lifeline amount for a domestic service at an E-2 rating for
winter rate, and posted a chart of her individual electric bills
in the years 1983, 1986, 1989, 1990, and the current newly
proposed rate for 1991. She expressed her concerns regarding
dropping the lifeline amounts and her objection to this rate
increase.
Mike Morgan, 304 South Hortense, stated he objects to the
proposal of the low income program that would be subsidized by
all other users, and opposes a reduction in baseline amounts of
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February 6, 1991
Page 3
79
which he feels the existing baseline amount of 350 kilowatt
hours is too minimal.
Kathy Edmunds, 710 West Smith Street, questioned the
different ratings paying different costs, the cost of
electricity purchased by the City of Ukiah, and how the lifeline
amounts are established. She stated the bills do not reflect
accurate ratings as printed on the back of the bills and should
be corrected.
Mrs. Evans, 1041 Maple Street, stated her objection to any
subsidizing of low income bills and expressed concern that her
electric bills keep increasing and desires an increased baseline
amount. She stated her objection to any more electric rate
increases and questioned where the general fund transfers from
the electric department go?
Discussion ensued between staff and Mrs. Evans regarding costs
of operations for the electric department by general fund
departments, in-lieu and property tax similarity, and Ukiah
providing lower rates than PG&E.
Dorothy Gonshorowski, 304 N. Spring Street, questioned the
amounts of general fund transfers and how other departments are
able to be supported by these transfers, and whether these
transfers affect the rates paid by citizens. She noted that her
homes major appliances are natural gas and does not understand
why her last month's utility bill was $100, which included an
electricity amount of $80.
Councilmember Schneiter addressed her questions.
No others came forward.
Public Hearing Closed - 7:41 p.m.
The Finance Director and the Electric Director addressed the
previous questions regarding amount of general fund transfers
and percentage variation, electric department revenues, cost of
purchased power and bond indebtedness, current net loss
operations of $500,000, purchase power costs variations and
origins, history of costs, Ukiah citizen's lower electric rates,
lifeline amounts set by the Public Utilities Commission, billing
rating differences, and that baseline amounts could be set by
Council.
Discussion ensued regarding number of days in a billing cycle,
the December 1990 longer billing cycle, and the 100-250
adjustments that were made averaging a few dollars, PG&E rate
increase of 11-12% overall, and that the City of Ukiah purchases
no power from PG&E.
The City Attorney stated the Ukiah Code contains procedures for
raising electric rates and noted we are in legal compliance for
this proposed electric rate increase.
Each Councilmember expressed their viewpoints regarding this
proposed electric rate increase and the concerns of citizens.
M/S McMichael/Schneiter to adopt Resolution No. 91-42, adopting
the new electric rate schedule as per the first proposal (not
the low income proposal), effective February 1, 1991. The motion
was carried by the following roll call vote: AYES:
Councilmembers McMichael, Schneiter and Mayor Henderson. NOES:
Councilmembers Wattenburger and Shoemaker.
Recess: 8:22 p.m.
NEW BUSINESS
Reconvene: 8:32 p.m.
13a. Introduction of Ordinance Regarding Children on Municipal
Golf Course
Reg. Mtg.
February 6, 1991
Page 4
80
The Acting Community Services Director reported that golfers
have expressed concern for the safety of infants and children on
the municipal golf course and noted the proposed Ordinance was
unanimously approved by the Golf Course Committee at their
meeting of January 24, 1991.
Discussion ensued regarding enforcement procedures, signs to
inform the golfers, and legal implementation procedures.
M/S Schneiter/Wattenburger to read the title only for the first
reading of the proposed Ordinance. The motion was carried by a
unanimous voice vote of all AYE.
The City Clerk read the title only.
M/S Schneiter/Wattenburger to introduce the Ordinance
Prohibiting Infants and Small Children on the Municipal Golf
Course. The motion was carried by the following roll call vote:
AYES: Councilmembers McMichael, Wattenburger, Shoemaker,
Schneiter and Mayor Henderson. NOES: None.
13b. Parks and Recreation Commission Recommendation Concernin~
1986 Park Bond Funds Project Allocation
The Acting Community Services Director reported the Parks and
Recreation Commission voted unanimously to approve expenditure
of $36,000 for various projects from 1986 Park Bond funds at
their meeting of January 14, 1991. She noted the criteria used
by the Commission in determining these projects included
immediate need, current condition of facilities, timing for
seasonal preparations and purposes, and regard for any recent or
previous funding and/or other possibilities of additional
capital for improvements.
Discussion ensued regarding current users of Anton Stadium, use
of City employees in these projects, competitive bidding process
to be used, whether the total money amounts are adequate, and
1988 Park Bond funds expenditure recommendations coming in the
near future.
M/S Shoemaker/Schneiter to adopt the recommendations of the Park
and Recreation Commission for expenditure of 1986 Park Bond
funds for 1) New play ground equipment at Vinewood and Oak Manor
Parks in the amount of $12,000 2) Installation of a new
scoreboard, replacement of wooden bleachers with metal planks,
rewiring and upgrading of electrical system at Anton Stadium for
a total amount of $18,000 3) Replacement and remodeling of
restroom facilities including plumbing, pipes and shower
fixtures at the Municipal Pool for a total amount of $6,000. The
motion was carried by the following roll call vote: AYES:
Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and
Mayor Henderson. NOES: None.
13c. Cultural Arts Advisory Board Recommendation Concerning
California Arts Council Proposal
The Sun House/Grace Hudson Museum Director reported that the
California Arts Council provides an outright grant of $30,000 to
a qualified "County partner" agency designated by the Board of
Supervisors under its State-Local Partnership Program for
1991-92, with local matching requirements of $7,500 of in-kind
donated services. She noted the purpose of this program is to
provide financial support, services or other programs for a
variety of arts organizations, individual arts, and the
community as a whole, in partnership with the California Arts
Council. She introduced Kate Magruder, Artistic Director of
the Ukiah Players Theater and Dan Taylor, Mendocino County
Museum Director.
Discussion ensued regarding use of grant funds, County
commitment, accountability, State funding availability, types of
in-kind services, how the proposed Multicultural Development
Program will be staffed and its function, possible future City
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February 6, 1991
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applications for funds after initial establishment of a County
program, money to be funded at budget hearing time, and possible
school district representation on the new 14-member Arts Council.
M/S Shoemaker/Schneiter to commit in principle to the California
Arts Council Proposal State-Local Partnership program and
provide $1,000 in Fiscal Year 1991-92 after budget hearings,
contingent upon the the success of the application in the
competitive process. The motion was carried by the following
roll call vote: AYES: Councilmembers McMichael, Wattenburger,
Shoemaker, Schneiter and Mayor Henderson. NOES: None.
13d. City of Ukiah Mid-year Fiscal 90-91 Financial Report
The Finance Director provided a summary of the General Fund
Revenue and Expenditure departmental reports for the fiscal
period through December 31, 1990.
Discussion ensued regarding future regular quarterly reports,
citizens to be kept informed, revenues and expenditures.
It was the general consensus of Council to receive and file this
report.
CITY COUNCIL REPORTS
Councilmember McMichae]
Reported on the Sun House Guild meeting he attended.
Councilmember Wattenburger
None.
Councilmember Shoemaker
Noted the pruned Sycamore trees in front of the Civic Center but
feels the big Oak tree may have problems, reported on the
concerns expressed to him regarding the lack of MTA buses to
Mendocino College, reported on the AB 939 workshop he attended
in Sacramento and the need to support the proposed Sher
legislation that postpones the first AB 939 report filing
deadline to January 1992.
Councilmember Schneiter
Reported on the NCPA meeting he attended in Roseville on
January 24th and the February 4th LAFCO meeting he attended.
Mayor Henderson
Reported on the two and a half day training by Redwood Empire
Municipal Insurance Fund she attended last week.
.City Manager
Noted the League of California Cities Redwood Empire Division
meeting hosted by the City of Ukiah starting at 1:30 p.m.,
Saturday, reported he will be the 1991 United Way Chairman for
Mendocino County, reported on the new middle school government
education program for the middle school, and provided an update
regarding the Ukiah Valley Wide Task Force.
CLOSED SESSION
The City Attorney recommended going into closed session, under
the pending litigation exception to the Brown Act, Government
Code Section 54056.9 (a), to discuss Superior Court Case No.
60987, Cohen v. City of Ukiah.
The City Attorney also noted a personnel matter needs to be
discussed.
Reg. Mtg.
February 6, 1991
Page 6
82
M/S Schneiter/Wattenburger to go into Closed Session as advised
by the City Attorney, to discuss Superior Court Case No. 60987,
Cohen v. City of Ukiah. The motion was carried by the following
roll call vote: AYES: Councilmembers McMichael, Wattenburger,
Shoemaker, Schneiter and Mayor Henderson. NOES: None.
Council entered closed session at 9:55 p.m.
Council came out of closed session at 10:23 p.m.
There was no action taken.
ADJOURNMENT
There being no further business, the meeting was adjourned to
February 19, 1991, at 1:30 p.m., in the Civic Center Council
Chambers, 300 Seminary Avenue,
CCMIN.55
Ukiah/?fo~ an Electric Workshop.
~th~ j ~q~; C./ty Clerk
Reg. Mtg.
February 6, 1991
Page 7