HomeMy WebLinkAboutMin 01-09-91 CITY OF UKIAH
CITY COUNCIL MINUTES
REGULAR ADJOURNED MEETING
300 Seminary Avenue
January 9, 1991
The City Council convened in a Regular Adjourned Meeting at 7:09
a.m. in Conference Room 3 in the Civic Center. Roll was taken
and the following Councilmembers were present: McMichael,
Wattenburger, Shoemaker, Schneiter and Mayor Henderson. Staff
present: City Clerk McKay, City Manager Rough, City Attorney
Rapport, Assistant City Manager Horsley, Public Works Director
Goforth, City Engineer Beard, and Community Development Director
Harris.
NEW BUSINESS
2a. Water Rights Study Session
The City Manager introduced Gary Weatherford, Attorney with
the firm of Payne, Thompson, Walker and Taffe in San
Francisco, who specializes in water rights issues within
California.
Gary Weatherford distributed an outline and maps for reference
during this study session.
Mr. Weatherford proceeded in discussing the subjects of
relative and interrelated rights to water, the connected basins
of the Eel and Russian Rivers, water availability and status in
the Russian River system pertaining to types of claims, rights
and reservations.
Tom Johnson, Attorney for the Russian River Flood Control
District discussed the current contract negotiations with the
Sonoma County Water Agency, the current use of water in the
Russian River Flood Control District, the method used for the
accounting of volumes used, and appropriated rights in the
Russian River.
Tom Johnson stated that the Russian River Flood Control District
feels that a land grant right exists as another water right that
could benefit the City of Ukiah. He commented there has never
been a case, that he is aware of, where a decision was made that
a particular land grant right is not a valid right in
California. He stated the documented Pueblo rights have
benefitted the cities of Los Angeles and Santa Barbara. He
theorized that using this same logic, the very large Yokayo Land
Grant, which has a land grant right relating to the Pueblo right
preserved in the Treaty of Guadlelupe Hildago and may be a
very valuable right for the City of Ukiah to explore.
Gary Weatherford defined and discussed City of Ukiah water
rights pertaining to riparian, pre-1914 Appropriative,
pre-January 28, 1949 Appropriative, Post-January 28, 1949
appropriative, County or Watershed of Origin, prescriptive,
overlying or appropriative groundwater, contract, public trust
and minimum flows, and water quality standards.
Discussion ensued regarding the potential City of Ukiah water
rights and claims, and competing and complimentary rights and
claims.
Recess: 9:13 a.m.
Reconvene: 9:20 a.m.
The City Attorney recommended going into closed session under
the potential litigation exception of the Brown Act, Government
Code Section 54956.9.
M/S Wattenburger/McMichael to go into closed session for
discussion of exposure to litigation pertaining to stream
68
adjudication, under Government Code Section 54969.B1. The motion
was carried by a unanimous voice vote of all AYE.
Council entered closed session at 9:21 a.m.
Councilmember Shoemaker left closed session at 9:45 a.m.
Councilmember Shoemaker reentered closed session at 9:48 p.m.
Council reconvened at 10:03 a.m.
2b. Update and Report Reqardinq SB 2557
The City Manager advised Council on developments pertaining to
the recently enacted State Law that allows imposition of
property tax collection and booking fees by the Counties to
Cities and Districts. He noted that the County of Mendocino is
in the process of developing these fees.
Discussion ensued regarding possible actions the City of Ukiah
could take.
Councilmember Shoemaker left the meeting at 10:10 a.m.
Councilmember Schneiter left the meeting at 10:22 a.m.
It was the general consensus of Council for staff to prepare a
written report for Council before the January 15, 1991 Public
Hearing by the Mendocino County Board of Supervisors.
ADJOURNMENT
There being no further business, the meeting was adjourned to
January 16, 1991 at 5:30 p.m. for the interview of Planning
Commissioner applicants in the me~ing room of the Council
Chambers at the City of Ukiah Civic ~eDt~r.
Cathy'~'7:Kay,~ '~ty Clerk
Reg. Adj. Mtg.
January 9, 1991
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