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HomeMy WebLinkAboutMin 05-12-99MINUTES OF THE UKIAH CITY COUNCIL Special Meeting Wednesday, May 12, 1999 The Ukiah City Council met at a Special Meeting on May 12, 1999, the notice for which had been legally noticed and posted, at 5:25 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Council members were present: Libby,' Baldwin, Ashiku, and Mayor Mastin. Staff present: Assistant City Manager Flad, City Manager Horsley, and City Clerk Ulvila. Mayor Mastin reported that this Special Meeting of the City Council has been called for the purpose of Council to interview, and then appoint a new Councilmember to fill the vacancy on the City Council due to Kristy Kelly's resignation, effective April 12, 1999. He advised that Council must fill the vacancy by appointment before midnight or the matter will require a Special Election be held in November 1999 to fill the vacancy. Council discussed the role of the public during the interview process and the consensus of Council was that members of the public would be allowed to make a statement prior to Council conducting interviews. 5:26 p.m. - Comments open to the public. No comments received. 5:27 p.m. - Public comment period closed. 2. APPLICANT INTERVIEWS FOR CITY COUNCIL VACANCY BRENDA LEVADITIS was the first applicant to be interviewed by the Council. She chose not to make an opening statement. Councilmembers asked a number of questions, including what unique talents, skills or perspectives she would bring to the Council in addition to what methods would she promote to reduce City spending. Ms. Levaditis responded that she would need to see what issues are coming up in order to bring fresh ideas to the Council and people of Ukiah. She felt people are the most important thing we need to deal with and that we should listen more and try to create a better union with the City Council and the people. With regard to reducing the City budget, she recommended a volunteer program to perform minor jobs in the City offices. Council continued to present Ms. Levaditis with an array of questions, which she answered as each was presented. Among these queries, she was asked her views of the westside hills within the next five to 15 years, her views regarding the need to prove City employees with decent wages, and her definition of civic spirit. Ms. Levaditis preferred to have the westside hills remain the same as they are now. However, as Ukiah grows, there should be a growth limit for the westside hills to retain the beauty of the hills. She felt City employees should have decent wages to support their families and the Council should follow up with an increase in salaries as the budget allows. She noted that while running as a candidate for the City Council, several City employees voiced their opinion that City wages were Iow. She felt that the City may be loosing many good employees because of this situation and would prefer to keep qualified personnel with the City by offering them decent wages. With regard to civic spirit, she felt it is the same as city-friendly, and having the community and City working together toward a common goal would enhance civic spirit. The question was posed to her as to how she would sort through an issue, as a Councilmember, when there may be several different opinions on an issue. She was also asked her opinion of a living wage and if a particular department in the City is currently in need of more staffing. May 12, 1999 Page 1 of 10 Ms. Levaditis was of the opinion that Council should listen to the people and vote for what the majority of the people want. She is in favor of a minimum wage that would be higher than the national and California minimum wage requirements. During candidate interviews with City department heads, it was noted that most departments are understaffed and that when an employee left the City's employment, their workload was dedicated to other employees, rather than replacing the position. Ms. Levaditis was questioned as to what would be the most important attribute a City Councilmember should have. Ms. Levaditis felt they should be a good team player, trustworthy, and be available. Other queries presented to Ms. Levaditis included what type of criteria would she use to distribute a certain amount of money to non-profit organizations, how she would propose to generate revenue to cover the expenses for her proposal to increase employee wages, and what major issues facing the City in the future should be worked on. Ms. Levaditis responded that she would review past spending of the City and look at local organizations to see what is necessary. A local application process would be established as well as a spending limit. If more funds are available, then additional funding needs could be met. As far as funding for increased wages, she felt that if the City did not have the revenue to support increased wages for staff, then the City should not pursue the proposal by going in the red. She felt that growth is an important issue for Ukiah and we need to prepare for it to make sure there is an adequate water and sewer system. She felt our children are important and their needs should be met. She was advised that, as Councilmembers, they are asked to serve on a variety of committees, and if she had a preference. Ms. Levaditis advised that she is semi-retired and has time to devote to the City. She is aware that Councilmembers serve on many committees and that she would be available to serve. Council inquired about several growth issues, such as her views about annexation, areas to be developed, raising the level of the dam at Lake Mendocino, and her views should the City be asked to participate in funding of that project in the future. Ms. Levaditis felt the City should annex south of town, particularly in the area where a new school is proposed to be built. The City should also annex toward the river area and make it accessible to the public and utilize the area for a park. The north side of the City is very limited, but we should include the area near the freeway. She felt there are a lot of tax dollars and revenue that the City could obtain by annexing more area. With regards to the level of the dam, she felt it should remain as it is now, unless the City has ownership in it and sees an advantage to enlarging its capacity. She discussed a recent crack in the dam and felt the thought of a larger dam scares her. Council noted that if the Eel River diversion is reduced and the capacity of Lake Mendocino is not increased, it has the potential to severely impact our potential to deliver water. She was questioned as to how she would justify not raising the dam with annexing and encouraging growth. Ms. Levaditis felt the City has to grow, and she is aware that the dam would need to be raised should the necessity arise. As a long term resident of Ukiah, she would like to see Ukiah remain as it is now, however, she felt the City will eventually become involved with engineers for the dam and growth is inevitable. She did not have a closing statement. ROY SMITH was the next candidate to be interviewed by the Council. It was noted by a Councilmember that the City lost a Councilmember with very good people skills and inquired if this experience would allow him to fill the vacancy and how May 12, 1999 Page 2 of 10 and where will his experience help. Mr. Smith advised that he has had a great deal of administrative experience and has supervised staff in multiple site locations. He currently has 52 employees, and while working in the Bay Area he had 150 employees. His experience has covered many of the activities that Councilmembers become involved with, such as the development and monitoring of budgets. He felt his experience has been varied and broad enough to be very helpful to Council. He was questioned as to his views of the future of the westside hills within the next five to 15 years, annexation and the. areas of potential growth, and what concerns are facing the City. Mr. Smith felt the westside hills should remain as they are now. He noted that a concern of those who live on the westside of Ukiah is with fire and it was his hope that a plan could be developed with regard to fire protection and safety. He did not want to see the westside hills developed into residential areas beyond what currently exist. There are other options available and we need to preserve some of our open space for the future. With regard to annexation, he advised that he hadn't given it a great deal of thought. However, he felt the City should look at an aggressive annexation plan and consider the sphere of influence that the City now has in terms of portions of the valley. He considered the area north of the Mendocino College as a potential area to be studied for annexation, as well as some of the areas in the southern portion of the valley. We need to look at an aggressive policy in terms of annexation in order to have a broad base for the City to exercise its influence. He advised that, since being involved in the business community through his involvement with the Chamber of Commerce and the Private Industry Council, he has heard many of the issues that businesses have been concerned about when dealing with business development, retention, and the various processes that they must deal with in the City to obtain permits. They would like to see the City offer a very user friendly process. The Palace Hotel is another concern that he has and felt the City should take an aggressive stance on its development. The electric rates have been an on-going issue and questioned if there are alternatives available that haven't been explored. The development of the downtown transportation center has interested him and he would like to be involved with that project. He also expressed concern with issues in the Downtown Master Plan and would like to see the overall Master Plan observed with regard to future development in the City. An inquiry was made concerning comments from the public regarding barriers with business. Mr. Smith spoke to the issue of applying for a business license and discussed a incident reported by a local business at a previous City Council meeting. There is a need to have staff adopt an attitude whereby they can make an attempt to assist a business. By having a user friendly approach, the City can help them establish their business or retain their existing business, rather than developing an adversarial relationship. He discussed an experience he had with a remodeling job and dealing with a building inspector, noting that he had to show the inspector the Code book that applied to his project. The inspector should have advised him of the Code. He was queried with regard to funding and coordinating with the County. Additionally, he was questioned about his view of businesses relocating from the County into the City, the benefits to a business, and tax sharing issues. Mr. Smith advised that a number of issues seem to overlap with the County and City. An example would be the garbage issues as there are different vendors serving inside the City and outside the City limits. Perhaps cooperating with the County in looking at those contracts and concerns which could reduce the cost for both sides. He discussed the matter of the County feeling that the City is stealing businesses from the County. He felt the local government, both City and County, have to look at the issues and where we can cooperate that will be to the best interest of the businesses and residents of the area we serve. We need to have an open dialog at all times. He felt the concern we would want May 12, 1999 Page 3 of 10 to bear in mind with regard to tax sharing, is that everyone comes out in an equal manner. He was questioned regarding his view of an increase to our preference for the mixed use zone, whereby multi-family housing would be located above retail stores, and if there should be a height limitation. Mr. Smith felt the possibility should be considered, however he would have concerns with a third level. He was queried regarding his views on raising the level of the dam at Lake Mendocino thereby increasing its capacity. Mr. Smith felt water is an important issue and he is concerned about what will happen with the water from the Eel River. If it would increase the amount of water to Ukiah by raising the level of the dam, then strong consideration should be made for the project. He would need to have additional information and study the matter. As Councilmembers, they are asked to serve on a variety of committees, and he was questioned as to his interests. Mr. Smith advised that he has had exposure to MCOG and a strong interest in the development of the transportation center. He would need to look at all options and at the present time he has no strong demands as to what committee he would select. Should there appear to be a new source of revenue available to the City, such as $500,000, he was queried as to his highest priority for dealing with the new source of revenue. He was also questioned as to his opinion of the most important attribute a Councilmember should possess. Mr. Smith advised that he would look at the General Plan to see where the City stands, and look at the pending projects in the Public Works Department. With regard to attributes of a Councilmember, he felt that the ability to listen and have an open mind is very important. A person also needs to be willing to compromise on occasion, when necessary. They should also take the attitude that Councilmembers are here to set policy for that which will benefit the majority of citizens of Ukiah. They have to look at all sides of an issue, evaluate, and then make a decision. He advised that, should Council appoint him to fill the vacancy, he would not be available to attend the next City Council meeting on May 19, 1999, as he has a prior commitment in Sacramento next Wednesday. Recessed: 6:12 p.m. Reconvened: 6:17 p.m. ERIC LARSON was the third applicant to be questioned. He addressed the Council, stating that he is well known among the Councilmembers as a Planning Commissioner and attends all City Council meetings. During the most recent election, he was the next runner up in the election for City Council. He stated that "If he didn't think he was the best person for the seat, he wouldn't be here tonight." Council began their inquiries by asking if he had anything to add to his application or candidates statement, which is a copy of what he submitted for the November 1998 election. He was also questioned about his views concerning development of the westside hills in the next 15 years. Mr. Larson felt that all the material he submitted, including his Planning Commission application, are applicable now. In response to the inquiry concerning the status of the westside hills, he advised that we are mandated by the General Plan to redo the City's hillside zoning requirements and stream preservation studies. From the Planning Commission's review of the area, and its potential for development, he felt the density restrictions are very minimal and the City's Ordinances are not up to date. There are May 12, 1999 Page 4 of 10 environmental concerns regarding minimal development and felt staff is aware of the situation, with the City proceeding accordingly. Council continued to present Mr. Larson with questions, which he answered as presented. Among these queries, he was asked about his statement that "Across the board, government cuts are political cop outs", was questioned regarding his strategy for resolving short term budget problems and a budget shortfall. Mr. Larson noted that by a "short term" he refers to a reduction in staff or staff hours, and perhaps eliminating some programs. With regard to "long term" impacts, he would reduce the allocations for long term maintenance or upgrading of the utility system, or perhaps street repairs that may have long term consequences and wouldn't be evident to the public within the next six months. An inquiry was made conceming his answer to question 13c: "A retailer, promising 25 jobs and substantial sales tax revenues, wants to open a store in Ukiah. How would you want the city to address this opportunity?" He was asked how he would want to be involved as a Councilmember, what type of mechanism would he employ to bring about jobs to the local unemployment force, what should be the City's role in promoting business, and if he would be supportive of a business that did not reside in the community. Mr. Larson advised that, as a Councilmember the approach he would take if a business person approached him about bringing their business to Ukiah would begin by taking a personal involvement in the matter and sheparding a proposal through the process. A Councilmember could also take an active role in speaking to businesses in the City. He would want to know how the jobs would be filled, noting that if some of the jobs came from another local business, then net gain in jobs would be reduced. With regard to the City's role in promoting business, he advised that he is not "big" on government being involved in economic development and felt government's responsibility is to provide a good environment, such as a nice place to live and do business. The City takes care of the streets and the beautification of the public spaces, and maintains the cultural amenities that will draw and keep business people to the community. Businesses will bring jobs to the community and if they don't like living in Ukiah, and their only interest is to conduct business here, then they would not necessarily have the faith to keep their business in Ukiah for a long period of time. He advised that he is not against economic development or the City's participation in promoting business, but would like the City's role defined. Mr. Larson advised that if he had to choose between a person who wanted to move here and be part of the community, or someone who is only looking to make a profit in the community, he would choose the person who wanted to be part of the community. He wanted it known that he did not want to close the door on outside business, but rather to attract businesses that are part of the community. Inquiry was made concerning his views on sales tax with regard to the policy of the City. He was also queried as to his views on the possible situation of the City and County being pitted against each other for sales tax revenues. Mr. Larson felt the City's revenue generated by sales tax is very significant. He expressed concern with running a City on sales tax since it can rise or fall with the economy. He resented being held hostage to that economy, which we have little control over in the outside world, especially when our streets need repair and we need to place Police Officers on the street. What sales tax we can generate is welcomed into the City coffers and we shouldn't turn down businesses. However, when a new business comes to the City, we need to look at what it will cost the City in infrastructure because those expenses will increase with the increased activity they generate. With regard to the City and County competing for sales tax revenue, he noted that this is common practice in Southern California. In the end, they create long term debt problems by giving incentives for attracting businesses to the cities. Revenue sharing agreements with the City and County, which express the true costs of doing business, should be May 12, 1999 Page 5 of 10 pursued. The. longer we drag our feet until the agreements are in place, the sales tax conflicts will continue. He was also qu, estioned Concerning his views on water issues related to the diversion of the Eel River, the possibility of raising the dam at Lake Mendocino to create more water capacity, and if raising the level would cause significant growth inducement to the community. An issue concerning the diversion of the Eel River which in dry years could produce a minimal amount of water was noted, and an inquiry into his opinion on the matter was made. Mr. Larson was of the opinion'that the City would not have a need to secure .additional water rights unless there was an aggressive annexation program. The City has.a vested interest to keep' the vested water rights and he is of the opinion that the City has enough water to provide for the community. He felt that if you aren't diverting water from the Eel River, it makes it more of an important issue to impound it in Lake Mendocino and increase its capacity. He felt the issue is very complex and needs further research. There are many entities and organizations that have an interest, and noted that environmental issues concerning the project can be traced back nearly 100 years. The environmental studies would need to address the issue of water not being available at all times, and the issue of water reintroduced to the watershed and the ecosystem. He felt it is a very complicated matter. The City's interest is in maintaining its water rights, and as public officials, we have an obligation to provide water to the community. There was a notation of a previous statement by Mr. Larson regarding dependence on sales tax as the main revenue source for the general fund. Inquiry was made as to how the City could supply its General Fund. Mr. Larson was of the opinion that increasing taxpayer's rates has been taken out of our hands since the introduction of Proposition 13. He noted that we used to depend on property taxes to run the City, but when that was taken away from cities and counties, they were given a portion of the sales tax revenues. Because of its (sales tax) nature, it has made municipal budgets unstable. Tax revision needs to occur at the state level and he is not suggesting we increase local taxes unless there is something that the public wants, and they vote to pay for it. An inquiry was made concerning Mr. Larson's interest in serving on some of the various committees'that Councilmembers are assigned. He was also questioned as to the most important attribute a City Councilmember should have. Mr. Larson advised that he has attended many committee meetings and noted his particular interest in MCOG and the transportation needs of the Ukiah area. He would also be willing to sit on NCPA. It was his opinion that commitment is very important to being a Councilmember. He did not have a closing statement. JENNIFER PUSER City Manager Horsley prefaced the interview by reporting that Jennifer Puser came to her today with a question as to any possible conflict of interest due to her position as representative for Senator Wes Chesboro. Ms. Horsley contacted City Attorney Rapport, who was out of tOwn. Mr. Rapport had contacted County Counsel since they had conducted research concerning Kristy Kelly's potential conflict of interest. The City Attorney felt that, at this time, he could not give the Council a definitive answer as to whether there is a conflict or not. County Counsel felt there might be a conflict, however should Ms. Puser be appointed tonight, and sworn in as the new Councilmember, Mr. Rapport would then research the issue. If there is a determination that a conflict exists, then the seat would be a vacated, and Council would need to determine within the next 30 days how to proceed with filling the vacancy. Until the City Attorney is able to research the matter, he would not make a determination at this time. Jennifer Puser advised that she has been in communication with the Senate Ethics Committee and their attorneys felt there would be no problem with her serving on the City May 12~ 1999 Page 6 of 10 Council since several legislative staffers are serving on City Councils throughout the state. Ms. Puser informed Council that she completed her application very hastily, but that her major issues as an applicant concern a strong economic base for the City and growth issues. She has had experience on the Planning Commission and is well versed in planning issues. With the increased development of Cloverdale and improvements to Highway 101, the City will be faced with growth issues within the next five years. She felt we have a high quality of life, a beautiful scenic area, and will attract more people to the community. She discussed the General Plan and the progress for developing the land use codes. She was queried as to her views regarding the City's relationship with non-profit agencies and the level of funding appropriate to be budgeted each year, with regard to the priorities that the City would make. She was also questioned concerning her opinion of the City's present strengths and weaknesses and if she would handle things differently. Ms. Puser was of the opinion that if there was money in the budget, the City should continue funding non-profit agencies as in past years. However, if no money were available, we would not be able to support them. Her priorities would be to the library, parks, the Ford Street Project, drug and alcohol programs, domestic violence, mental health issues, and training programs. There are so many issues and causes, but it really depends if the City has money available. She reported that she has interacted with the City's Planning staff and felt the Planning Department is very strong. Although she has not had much interaction with other departments, she felt perhaps a weakness would be with the utilities, which is now in debt. She felt another strength of the City is that there are many people in the community who volunteer their time, not only on City commissions and committees, but in other ways throughout the community. Upon an inquiry as to her suggestions .for the utilities, she advised that She did not have any answers. However, she had spent some time researching the matter about two years ago and presented options to the City from her research. She was queried as to her interest in growth issues and the development of the business community. Along the line of encouraging new businesses to the community, a question was presented as to the types of incentives she would offer a business to mitigate some of the costs to locate in Ukiah. Additionally, inquiry was made to her interest in the types of business she would like to attract to' the community and the role she would play, as a Councilmember, in attracting the business. Ms. Puser was of the opinion that Ukiah will have a demand for growth and there is a need, as a community, to look at how we want to grow. She is not pro or anti growth, but felt it is important to grow in a positive way. We can be sprawl, or we could be compact. ^ walkable, livable community are terms to describe potential growth. She would like additional business to come to the area, however, she felt it important to focus on the existing businesses, be supportive of them, and assist them in expanding. She would not encourage large manufacturing plants or more retail businesses with Iow wages to come to Ukiah. She felt we should focus on more businesses that give people a living wage. She is definitely in favor of a more walkable, livable community. We have minimal land to build within the City, and we will need to deal with such issues as annexing or if we want urban growth boundaries. She felt that Council should take a leadership position in initiating this discussion. She cautioned that, if we have a lot of growth and don't plan ahead, it could be detrimental to the community. In response to an incentive program for businesses, she felt it would depend on the situation. If it is a clean industry, the City should try to work with them and make it easier for them to relocate. She did not want to go overboard on a business, but there should be a need to be supportive and investigate options. It was her opinion that we should focus on tourism and light industry. She would prefer businesses which deal with environmental technology, offer higher wages, and businesses other than retail. She felt the City Council, as a body, should be working with May 12, 1999 Page 7 of 10 organizations already in place, such as the Chamber of Commerce and West Company, which are encouraging businesses to locate to Ukiah. It was her opinion that Council should take a leadership role and provide a volunteer community task force which would encourage existing businesses to expand or bring new businesses to the community. She would like to be part of the group and felt the City needs a plan. Inquiry was made concerning her views on sales tax with regard to the policy of the City. She was also queried as to her views on the possible situation of the City and County being pitted against each other for sales tax revenues. Ms. Puser felt it was a textbook example of what is known as the fiscalization of land use. She did not think it was productive, and felt both City and County officials should meet more often to discuss the matter. The sales tax revenue has put the cities in a position of fighting over sales tax revenues. She discussed revenue sharing whereby the cities and counties share revenues. She felt the conflict is negative and not good for the community. She was questioned as to her view of the most important attribute of a City Councilmember. He views concerning the westside hills was also questioned. Ms. Puser felt a Councilmember should work hard for the community and have the community's best interest as a priority above themselves. They should be working for the people and the good of the community. With regard to the westside hills, she advised that she has not given the matter much thought. Council inquired as to her views concerning diversion of the Eel River and the possibly of raising the level of the dam at Lake Mendocino with regard to it being a growth inducing measure. Ms. Puser felt the City should definitely be educated and involved in that process concerning the level of Lake Mendocino. There is another option that Mr. Steiner, the hydrologist from Potter Valley, has proposed. She has not had an opportunity to review this option, but felt the City should be involved in the entire process and be as well educated as possible concerning the effects. Having more water would not necessarily create more growth, since growth is inevitable. From her sources she has learned that the federal government will not be funding a study to raise the level of the dam. She was advised that, as Councilmembers, they are asked to serve on a variety of committees, and if she had a preference. She was asked to elaborate on her position with her employer while attending meetings. Ms. Puser expressed interest in MCOG, MTA, and the Inland Water and Power Commission. Some of her background in terms of education and experience focuses on air quality, transportation, water, and solid waste issues. She is also interested in serving on the Parks Commission and the Main Street Program. She noted that as part of her job, she attends many of these meetings already. With regard to her employment with Senator Chesboro, she advised that when she attends these meetings for her employer, she is there to report on what has happened at the meeting. She gathers information and sends it to Sacramento so that Senator Chesboro will be aware of the issues. If she were on the Council, there would be a need to be clear on who she is representing at the meeting. Currently, she is not required to attend these meetings, but does so as a means of gathering information for the Senator. As a Councilmember, she would attend on behalf of the Council. City Manager Horsley advised that Mr. Chesboro supports her application for Council. Ms. Puser further advised that Mr. Chesboro is very supportive of her candidacy for the City Council. Her job with him is to give him facts and information, and he makes the decisions. It is their understanding that they both have a job to do and if they don't agree on something, it is not a problem. She related to City Attorney Rapport that if the City were against something, Mr. Chesboro would want to be informed. Upon further inquiry regarding her employment status, she advised that she is an at-will May 12, 1999 Page 8 of 10 employee of the legislature and is not considered a public employee, noting that she did not go through the civil service process when she was hired. City Manager Horsley reported that, although thorough research has not been completed at this time, it was the opinion of the City AttorneY that Ms. Puser is probably not considered a public official. Council discussed the diversion of the Eel River and the potential to pit Ukiah against the northem portion of Mr. Chesboro's district in Humboldt County. An inquiry as to how she would advocate an issue which may hurt a portion of Mr. Chesboro's district was presented. Ms. Puser advised that she would have separate responsibilities in each position, whether she is a Councilmember or working for Mr. Chesboro. She did not see a problem with her and Mr. Chesboro having different opinions on an issue, since she provides him with research and information and he makes his own decision. She noted that her job is to be the eyes and ears for Mendocino and Lake County and she provides him with information and cannot give him her personal views. She needs to tell him both sides of an issue. In conclusion, she advised that one of the reasons why she would like to be involved with the Council is because it will be for a shorter period of time, and it would not involve an election. It is an opportunity for her to test the waters without having to run in an election. Foremost, she cares about the community, having been born and raised here, and would like to be part of shaping Ukiah for the future. 7:05 p.m. - Recessed 7:15 p.m. - Reconvened. 3. ADOPT RESOLUTION APPROVING APPOINTMENT TO FILL ONE (1) VACANCY ON CITY COUNCIL Mayor Mastin discussed the nomination process to fill the vacancy on the Council, which will require a minimum of three votes. Should Council not be able to make a decision on the matter before midnight, the City will be forced to go to a Special Election in November at an estimated cost of $15,000. Should other entities be involved in the November election, the cost could be reduced to approximately $7,500. He recommended the nomination process be conducted in descending order according to seniority on the Council, each with one nomination. Discussion followed among the Council concerning the possibility of needing to go to a Special Election and it was noted that Council should not feel badly if there is not agreement tonight. It was noted that 'the nomination is to fill the vacancy, which will expire in November 2000. Notation was made that this nomination process could be considered the Special Election since the Council is four registered voters, with a majority vote electing a candidate. A Motion By Mayor Mastin to appoint Jennifer Puser to fill the City Council vacancy, failed for lack of a second. MIS BaldwinlMastin to appoint Eric Larson to fill the City Council vacancy, failed by the following roll call vote: AYES: Councilmembers Baldwin and Mayor Mastin. NOES: Councilmember Libby and Ashiku. ABSTAIN: None. ABSENT: None. MIS LibbylAshiku to appoint Roy Smith to fill the City Council vacancy; carried by the following roll call vote: AYES: Councilmembers Libby, Ashiku, and Mayor Mastin. NOES: Councilmember Baldwin. ABSTAIN: None. ABSENT: None. MIS AshikulLibby approving Resolution No. 99-39 making appointment to fill the unexpired Council term of Kristy Kelly by the appointment of Roy Smith, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: None. May 12, 1999 Page 9 of 10 4. SWEARING IN NEW COUNCILMEMBER City Clerk Ulvila administered the Oath of Office for City Council to Roy Smith. 5. ADJOURNMENT The/re being no further business the meeting was adjourned at 7:30 p.m. Marie Ulvila, City Clerk May 12, 1999 Page 10 of 10