HomeMy WebLinkAboutMin 11-10-04MINUTES OF THE UKIAH CITY COUNCIL
ADJOURNED REGULAR MEETING
WEDNESDAY, NOVEMBER 10, 2004
The Ukiah City Council met at an Adjourned Regular Meeting on November 10, 2004,
the notice for which had been legally noticed and posted, at 5:00 p.m. in the Civic
Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken
and the following Councilmembers were present: Rodin, Smith, Baldwin, and Mayor
Larson. Staff present: City Manager Horsley, City Attorney Rapport, and Deputy City
Clerk Ulvila.
2. PRESENTATIONS BY CANDIDATES FOR APPOINTMENT TO VACANCY ON
CITY COUNCIL
Mayor Larson explained that the meeting is called for Council to decide the
appointment of an individual to fill the vacant seat on the City Council formerly held by
Paul Andersen.
The following individuals provided Council with a presentation of their views and
qualifications for consideration of appointment to fill the unexpired term on the City
Council: Ana Araiza, Gordon Elton, John Fitch, Bob Gragson, John McCowen, and
Michael Whetzel.
Mayor Larson recommended taking public comment next, then item #4 prior to item #3
on the agenda.
A brief discussion followed regarding placing a referendum on the ballot of a special
election.
Public Comment:
The following individuals spoke in support of nominating John McCowen for the
appointment: Phillip Ashiku, Mark Oswell, James Connerton, Eloise Grothe, Ross
Liberty, James Mulheren, and Debra Wassman.
4. APPOINTMENT TO FILL UNEXPIRED TERM ON THE CITY COUNCIL
4a. Adoption of Resolution Making Appointment to the City Council to Fill an
Unexpired Term of Office
There was a brief discussion regarding making the appointment to the vacancy and
whether to allow that individual to be sworn into office and seated at this meeting. This
would be prior to the seating of the two candidates that won the November election.
Mayor Larson passed on the first nomination.
M/S Baldwin/Smith nominating John McCowen to fill the vacancy on the City Council
created by the resignation of Paul Andersen, and to a term expiring November 2006;
carried by the following roll call vote: AYES: Councilmembers Rodin, Smith, and
Baldwin. NOES: Mayor Larson. ABSTAIN: None.
Adjourned Regular City Council Meeting
November 10, 2004
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M/S Baldwin/Rodin adopting Resolution appointing John McCowen to the City Council
to fill an unexpired term of office which expires November 2006; carried by the following
roll call vote: AYES: Councilmembers Rodin, Smith, Baldwin, and Mayor Larson.
NOES: None. ABSTAIN: None.
City Attorney Rapport explained that Mr. McCowen cannot commence his duties as a
Councilmember until the Oath of Office is administered by the City Clerk.
John McCowen explained that he currently serves on the Mendocino County Airport
Land Use Commission and the Mendocino County Planning Commission. The Airport
Land Use Commission will be meeting on November 15th and it is important that he
attend that meeting because there is concern with having a quorum. He plans to submit
his resignation to both Commissions, per the advice of County Counsel, prior to being
sworn in as a Councilmember.
City Attorney Rapport explained the process of reconsidering a motion and
parliamentary procedures.
City Manager Horsley noted that some people had just arrived to speak to the issue or
endorse candidates since the agenda is timed.
M/S Smith/Larson to reconsider adoption of the resolution making the appointment to
the City Council; carried by the following roll call vote: AYES: Councilmembers Rodin,
Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None.
M/S Smith/Baldwin to table the motion adopting the resolution making the appointment
of John McCowen to the City Council to the November 17, 2004 meeting, carried by the
following roll call vote: AYES: Councilmembers Rodin, Smith, Baldwin, and Mayor
Larson. NOES: None. ABSTAIN: None.
Public Comment:
The following individuals spoke in support of nominating Ana Araiza for the
appointment: Lucy Serviano, Linda McClure, Maria Antonio, Greg Krauss, Ms.
Gonzales, and Kathy Markham. Comments from other members of the audience
included James Connerton (regarding agenda timetable didn't allow other supporters to
speak) supported Bob Gragson, Ed Berry supported John McCowen, and Ana Araiza.
3. COUNCIL CONSIDERATION OF CALLING A SPECIAL ELECTION
City Attorney Rapport offered his opinion concerning calling a Special Election as
noted in his Memorandum to Council dated November 10, 2004. He explained the
restriction of not being able to call a Special Election twice within a 12-month period.
He reported that he has been in communication with Mendocino County Clerk Marsha
Wharff concerning this matter and Ms. Wharff indicates that there are no other elections
currently scheduled in March, April or June 2005. As a result, the election would not be
a consolidated election, but would be a stand alone municipal election. The County
Elections Department could conduct the election for the City under contract, but the
Board of Supervisors would have to approve an agreement authorizing the County
Election's Department to do that. It is estimated that such an election would cost
Adjourned Regular City Council Meeting
November 10, 2004
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between $5,000 and $6,000. Under Elections Code Section 10002, the City must pay
for all of the costs incurred by the County in providing election services to the City.
Discussion followed regarding the feasibility of calling a special election to place a
public safety sales tax on the ballot. The difference between a general tax and a
special tax was explained by the City Attorney. The City Attorney also noted that it
would be safer to call the special election in April so as to be outside the 12-month
limitation. The ballot measure ordinance submitted to the voters in March 2004 was a
special tax and the ordinance proposed to be presented to the voters in April 2005
would be a general tax, and could be passed by a simple majority of the voters.
Mayor Larson noted that the public safety staff expressed concern over an election
anytime soon due to exhaustion of the staff.
M/S Smith/Baldwin directing Staff to draft proposed language for two ballot measures
and provide them to Council for consideration at a meeting of the new City Council,
carried by the following roll call vote: AYES: Councilmembers Rodin, Smith, Baldwin,
and Mayor Larson. NOES: None. ABSTAIN: None.
5. ADJOURNMENT
There being no further business, the City Council meeting was adjourned at 6:27 p.m.
Marie Ulvila, City Clerk
Adjourned Regular City Council Meeting
November 10, 2004
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