HomeMy WebLinkAboutMin 12-19-90MINUTES OF THE CITY COUNCIL OF THE
CITY OF UKIAH - December 19, 1990
The City Council convened in a regular meeting at 6:31 p.m., in
the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah,
California. The following Councilmembers were present:
Wattenburger, Shoemaker, Schneiter and Mayor Henderson. Absent:
Councilmember McMichael. Staff present: City Clerk McKay, City
Manager Rough, City Attorney Rapport, Community Development
Director Harris, City Engineer Beard, Police Chief Keplinger,
Electric Utilities Director Roper, Public Works Director
Goforth, Executive Assistant Stamelos and Assistant City Manager
Horsley.
INVOCATION/PLEDGE OF ALLEGIANCE
The Community Development Director delivered the Invocation and
Mayor Henderson led the Pledge of Allegiance.
4. Approval/Correction of Minutes of Reqular Meeting,
December 5, 1990
M/S Schneiter/Wattenburger approved the minutes of the regular
City Council meeting of December 5, 1990, as submitted. The
motion was carried by the following roll call vote; AYES:
Councilmembers Wattenburger, Shoemaker, Schneiter and Mayor
Henderson. NOES: None. Absent: Councilmember McMichael.
Mayor Henderson welcomed visiting Boy Scout Troop 77 of Redwood
Valley, who were observing the Council meeting for their
citizenship education.
5. RIGHT TO APPEAL DECISION
Mayor Henderson reviewed Section 1094.6 of the California Code
of Civil Procedures regarding the appeal process.
6. CONSENT CALENDAR
Mayor Henderson noted a typographical error for this Agenda on
Item 6g., in which the third line of: "City Officials, Officers
and Employees" should have been deleted.
Mayor Henderson also noted the staff recommendation on Item 6b.,
should be changed to read, "To adopt the previously introduced
Ordinance that amends Ordinance No. 911, by amending Article iA,
Section 1011 of Chapter 4, Division 1, of the Ukiah City Code,
Regarding Expanding the size of the Cultural Arts Advisory
Board."
It was the general concensus of Council to agree with the
recommended changes.
Mayor Henderson requested Consent Calendar Item 6e. be pulled.
It then became New Business Item 10e. of this agenda.
Councilmember Shoemaker requested Consent Calendar Item 6i. be
pulled. It then became New Business Item 10f. of this agenda.
M/S Schneiter/Shoemaker to approve the Consent Calendar as
follows;
6a. Approved the Payroll Warrants dated from November 25, 1990
to December 8, 1990, #36996 to 37228, in the amount of
$146,469.92, and the General Warrants, #4882 to 49191, in the
amount of $726,860.37.
6b. Adopted Ordinance No. 916, amending Article iA, Section 1011
of Chapter 4, Division 1, of the Ukiah City Code, regarding
expanding the size of the Cultural Arts Advisory Board to
include an Education Representative.
6c. Adopted Policy Resolution No. 24, Enacting City of Ukiah
Investment Policy.
6d. Accepted the letter of resignation from Planning
Commissioner Angelina Svendsen and authorized the City Clerk
to advertise the Planning Commission vacancy with the deadline
for receiving applications at Noon on January 9, 1990, and set
the date of January 14, 1990 for the interviewing of applicants
if any. ,
6f. Received and filed the status report regarding the withdrawn
appeal of Henry Wong for Variance No. 90-71, which was a
continued Public Hearing from November 20, 1990.
6g. Adopted Resolution No. 91-35, Guaranteeing Repayment of
Water Treatment Plant Loan to the State of California.
6h. Received and filed the status report regarding Ukiah Valley
Fire Protection District Annexation Request.
The motion was carried by the following roll call vote; AYES:
Councilmembers Wattenburger, Shoemaker, Schneiter and Mayor
Henderson. NOES: None. Absent: Councilmember McMichael.
3. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No one came forward.
UNFINISHED BUSINESS
9a. Approval of Settlement Aqreement with Tudor Engineerin9
The Electric Utilities Director reported that Tudor
Engineering has requested an amendment to the Settlement
Agreement to include a release pertaining to the liquid oxygen
system. He noted this request was deferred until a satisfactory
resolution of problems relating to the Federal Energy Regulatory
Commission (FERC) License No. 2841, that was issued for the
Lake Mendocino Hydro Plant operations. He reported that the
City of Ukiah has applied for and received an amendment to the
FERC license for the hydroplant which will allow
modifications in the operation and data collection procedures to
bring the existing system into compliance. He recommended that
the settlement agreement be authorized by the Council which
would formally release Tudor Engineering from liability for
the Liquid Oxygen System.
Discussion ensued regarding the liquid oxygen system creating
aeration for fish, extra engineering design by Tudor
Engineering, at no cost to the City, and FERC license
requirements compliance with wording clarification.
M/S Schneiter/Wattenburger to authorize the City Manager to sign
the amendment to the original March 23, 1988 settlement
agreement and mutual general release with Tudor Engineering
Company. The motion was carried by the following roll call vote;
AYES: Councilmembers Wattenburger, Shoemaker, Schneiter and
Mayor Henderson. NOES: None. Absent: Councilmember McMichael.
NEW BUSINESS
10a. Ado_~on of Resolution A rovin Final Subdivision
No. 89-113 Mark Ca le
The Community Development Director reported that the tentative
subdivision map for this 16 lot subdivision, as filed by Mark
Cagle, was approved by the City Council on December 6, 1989, by
Resolution No. 90-30. He noted the Planning Commission approved
the final map and the development plan at their meeting of
November 28, 1990. He stated as required by Tentative Map
Approval Condition No. 12, the Planning staff will work with the
subdivision,s sales and marketing personnel to ensure the
Reg. Mtg.
December 19, 199~
Page 2
information regarding available house plots, setbacks, and
driveways are presented to prospective purchasers.
The Mayor commented that this development is nice looking and
well planned.
M/S W~ttenburger/Schneiter to adopt Resolution No. 91-36,
approving Final Subdivision Map No. 89-113, Cagle. The motion
was carried by the following roll call vote; AYES:
Councilmembers Wattenburger, Shoemaker, Schneiter and Mayor
Henderson. NOES: None. Absent: Councilmember McMichael.
10b. Adoption of Resolution Extendinq the Golf Committee for
One More Year
The City Manager reported the Golf Course Committee's original
one year term expired on October 18, 1990 by order of Resolution
No. 90-21. Due to many upcoming golf issues this next year he
recommended extending the term of the Golf Course Committee one
more year, and adding two more Committee members to be appointed
from the Parks and Recreation Commission, to improve consistency
and communication between the Parks and Recreation Commission
and the Golf Course Committee.
M/S Schneiter/Shoemaker to adopt Resolution No. 91-37, which
Amends Resolution 90-21, Establishing Golf Course Committee. The
motion was carried by the following roll call vote; AYES:
Councilmembers Wattenburger, Shoemaker, Schneiter and Mayor
Henderson. NOES: None. Absent: Councilmember McMichael.
10c. Discussion Reqarding Council Position on Reapportionment
The City Manager noted with tomorrow's meeting of the Election
and Reapportionment Committee of the California State Senate in
Santa Rosa, it is important for Council to discuss its
position regarding reapportionment as a member of staff will be
attending this meeting.
Mayor Henderson expressed her desire for our reapportioned
legislative district to be reflective of our rural regional
interests.
Councilmember Shoemaker expressed his concerns that the
district's rural composition not be tacked onto an urban area,
the County and the City of Ukiah boundaries be kept whole,
consideration given to ethnic composition, and for the lines of
the boundaries to be kept symmetrical with no unusual shaped
configurations.
Councilmember Schneiter stated he would like to see the district
formed to add some political weight for transportation and
fisheries issues.
PUBLIC HEARING
Sa. Adoption of Resolution Establishinq Fire Protection Fee
Schedule
The City Manager requested this matter be continued to the
February 6, 1990 Council meeting, to allow him to meet with the
construction and building industry for discussion and input.
NEW BUSINESS (cont.)
The City Manager requested Item 10d. Approval of Aqreement for
Attorney Services Pertaininq to Water Riqhts be deferred until
after the scheduled Closed Session.
Reg. Mtg.
December 19, 199~
Page 3
10e. Set Date of February 16, 1990 for Employee
Appreciation/Service Award Dinner
The City Manager noted this year's event had been planned to
include a dinner and dance, which is why a Saturday night was
chosen.
Discussion ensued regarding possible dates for the event, past
practices, and recommended additional new awards.
It was the general consensus of Council to set the date of
February 16, 1990 for the 1991 City of Ukiah Employee Award and
Service Appreciation Dinner.
10f. Set Date of February 14, 1990 at 1:30 p.m. for Electric
Workshop and Report
It was the general consensus of Council to set the date of
February 19, 1990 at 1:30 p.m. for the Electric Department
Workshop and report.
CITY COUNCIL REPORTS
Councilmember Wattenburqer
Reported on the Mendocino Transit Authority meeting he attended.
Councilmember Shoemaker
Reported due to his schedule he could not attend the Mendocino
Development Corporation or the Chamber of Commerce meetings and
noted the Mendocino Solid Waste Authority meeting in Willits was
snowed out, and requested Council to read the just released
County AB 939 report.
Councilmember Schneiter
Noted there was no LAFCO or MCOG meeting to report on.
CITY MANAGER/DEPARTMENT HEAD REPORTS
Wished the Council happy holidays.
CLOSED SESSION
The City Attorney advised Council a motion is required to go
into closed session to discuss a matter regarding significant
exposure of litigation against the City of Ukiah as per the
Government Code.
M/S Schneiter/Wattenburger to go into Closed Session under the
pending/threatened litigation exception of the Brown Act,
Government Code Section 54945.9 (b) (1). The motion was carried
by the following roll call vote; AYES: Councilmembers
Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES:
None. Absent: Councilmember McMichael.
The City Attorney announced a personnel matter will also be
discussed.
Council went into Closed Session at 7:23 p.m.
Council came out of Closed Session at 9:05 p.m.
10d. Approval of Aqreement for Attorney Services Pertaininq t~
Water Riqhts
M/S Schneiter/Wattenburger to transfer $6,000 in funds into
Account #100-1401, to cover additional attorney services of Gary
Weatherford, pertaining to water rights consultation for the
City of Ukiah. The motion was carried by the following roll call
Reg. Mtg.
December 19, 199~
Page 4
vote; AYES: Councilmembers Wattenburger, Shoemaker, Schneiter
and Mayor Henderson. NOES: None. Absent: Councilmember McMichael.
M/S Schneiter/Wattenburger authorized the City Manager to retain
Gary Weatherford and the law firm of Payne, Thompson,
Walker and Taafe to prepare written comments on the proposed
Mendocino County Flood Control and Water Conservation
Improvement District/Sonoma County Water Agency Agreement and to
present information to the City Council at the January 9, 1991
Water Rights Study Session. The motion was carried by the
following roll call vote; AYES: Councilmembers Wattenburger,
Shoemaker, Schneiter and Mayor Henderson. NOES: None. Absent:
Councilmember McMichael.
ADJOURNMENT
There being no further business, the meeting was adjourned to
of the
January 9, 1991, at 7:00 a.m., in C/~Dference Room 3,
Civic Center, for a Water Rights Study/~es~ion.
Cat,fy Mc~ ~, Cit~ Clerk
/
Reg. Mtg.
December 19, 199~
Page 5