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HomeMy WebLinkAboutMin 01-18-06 CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting Minutes CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 January 18, 2006 1. ROLL CALL 6:03 PM Councilmembers Present: Crane, McCowen, Rodin (6:04 p.m.), Baldwin, and Mayor Ashiku. Staff Present: Personnel Director Harris, City Manager Horsley, City Attorney Rapport, Airport Manager Richey, Planning Director Stump, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE Councilmember Baldwin led the Pledge of Allegiance. Mayor Ashiku advised that there are two urgency items before Council tonight for consideration. It will take a 4/5 vote of the Council to approve the addition of these items to the agenda, which must be by separate motions. These items were brought to the attention of staff after the close of the agenda and need to be acted on before the next Council meeting. 1. Consideration and Possible Action on Legal Advice Concerning Pendin~ Cal;)ine Bankruptcy - Open and Closed Sessions M/S Crane/McCowen approving the addition to the Agenda of "Consideration and Possible Action on Legal Advice Concerning Pending Calpine Bankruptcy- Open and Closed Sessions"; carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku NOES: None ABSTAIN: None ABSENT: None 2. Approval of Resolution Extending the Existence of a Local Emer_~ency for the City of Ukiah. M/S Crane/Rodin approving the addition of "Approval of Resolution Extending the Existence of a Local Emergency for the City of Ukiah"; carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku NOES: None ABSTAIN: None ABSENT: None These items will be heard under New Business, items 9g and 9h, respectively. 3. INTRODUCTION & SPECIAL PROCLAMATION6: ! 0:52 PM a. Introduction of New Airport Department Employee - Ken Ronk Airport Manager Richey introduced new Airport Assistant Ken Ronk and discussed his employment background. b. Proclamation to City Employees for Their Assistance During the Flooding6:12:49 PM Mayor Ashiku discussed recent flooding emergencies within the City, then read a Proclamation in appreciation of the City's employees' efforts during these emergencies. 4. APPROVAL OF MINUTES 4a. Re_clular Meetin_cl Minutes of October 197 20056:16:18 PM Councilmember Rodin recommended a correction to page 2, item #5, and noted that Mayor Ashiku was not present at that time; and that Vice-Mayor Baldwin read the appeal process. She also referenced page 7 under item 10f, noting that her statement should read "Councilmember Rodin stated that in light of the advance in technology regarding hybrid vehicles and other alternative fuel efficient vehicles, she searched the internet for hybrid and other fuel efficient patrol cars." Councilmember McCowen noted a spelling correction to page 9, that the word "moat" should be changed to "moot" in the first sentence. Additionally, he referred to page 9 under Council Reports, and inquired as to Councilmember Baldwin's reference in his report concerning "The Eel River Advocates", noting that he thought the name of the organization is "The Friends of the Eel River". Councilmember Baldwin advised that he preferred to leave the minutes as written. M/S Rodin/McCowen approving the regular meeting minutes of October 19, 2005 as corrected; carried by the unanimous voice vote of the Council. 4b. Special Meeting Minutes of November 227 2005 - Fire Department Master Plan Workshop 6:18:26 PM Councilmember McCowen noted a correction in the first paragraph, correcting the spelling of Mendocino County Supervisor Wattenburger's name. M/S McCowen/Crane approving the special meeting minutes of November 22, 2005 as corrected; carried by the unanimous voice vote of the Council. 4c. Regular Meeting Minutes of December 77 20056:18:56 PM Councilmember Baldwin referred to page 6 and noted there is a discrepancy between the letter he submitted concerning campaign finance and his oral comments. His oral comments referred to making the contribution limit $100, noting the typographical error in his letter that indicated a "$150" limit. M/S Rodin/Baldwin approving the regular meeting minutes of December 7, 2005 as corrected; carried by the unanimous voice vote of the Council. 4d. Special Meetinq Minutes of January 57 20066:19:39 PM Councilmember McCowen noted a correction to the spelling of the word "identifying" in the title of item 2. M/S McCowen/Rodin approving the special meeting minutes of January 5, 2006 as corrected; carried by the unanimous voice vote of the Council. 5. RIGHT TO APPEAL DECISION(~:20: Mayor Ashiku read the Right to Appeal Decision. 6. CONSENT CALENDAR(~:20:4 Councilmember Baldwin inquired about item "6b" as to whether staff will be submitting an agenda item to Council regarding an assessment of the flood damage and preparedness for future floods; to which City Manager Horsley responded by stating that a report regarding damage assessment is scheduled for Council's second meeting in February. She reported meeting with Mayor Ashiku regarding the City's emergency plan and a report will be forthcoming. Councilmember Baldwin expressed his concern with the ongoing construction at the water treatment plant and how the City can protect it. M/S Baldwin/McCowen approving Consent Calendar items "a" through "j" follows: a. b. C, d. e. g. as Approved Disbursements for Month of December 2005; Received Report of the Circumstances Related to the Emergency Purchase of Contractual Services by the City Manager Due to Flood Damage at the Mendocino Hydro-Electric Plant; Adopted Resolution 2006-30 Approving City of Ukiah Qualified Contractors List for 2006; Adopted Resolution 2006-31 Authorizing Records Destruction (Public Works Dept.); Received Notification of Purchase of Two Digital Radios for Patrol Vehicles in the Amount of $6,735.73 to Motorola Inc.; Received Notification of Purchase of Portable Radios, Portable Radio Batteries, Portable Radio Accessories and Flashlights in the Amount of $7,330.20, to Fisher Wireless; Approved Amended Airport Hangar Rental Agreement; Received Request Approval of Proposed '~Vater Utilities Engineering Specialist" Job Description; Awarded Sole Source Bid to L.N. Curtis and Sons Fire Equipment in the Amount of $12,038.81 for the Purchase of Hurst Extraction System (Jaws of Life); Adopted Resolution 2006-32 Establishing Prohibition on Parking Vehicles Six Feet or More in Height at 615 Talmage Road Pursuant to Ukiah City Code Section 7154.5. Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku NOES: None ABSTAINED: None ABSENT: None. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMSd:22:3 ] PM No one came forward to address the City Council. 8. UNFINISHED BUSINESS 8a. Presentation and Discussion of Proposed Countywide Business Improvement District for the Lodging Industry and Possible Adoption of Associated Resolution of Consent (continued from December 217 2005)6:23:20 PM City Manager Horsley explained that at the request of the City Council, she sent a letter to the local hotel/inn owners on December 27, 2005 soliciting their comments and/or participation and advising them that the Business Improvement District (BID) proposed would be brought back to the City Council at this meeting. An informational meeting was held on January 12th by the proponents of the BID. City Attorney Rapport explained that he discussed the matter with the City Attorney in Ft. Bragg and one issue that may come up with the City of Ft. Bragg is the city's authority to provide conditional consent. He referred to a statute which states that the County can't establish a BID for a city unless the city consents. The Mendocino County Lodging Association (MCLA) is requesting approval from the City of Ukiah at this meeting and from the City of Ft. Bragg next week. Once the BID is established, it is established at an initial rate. The City of Ft. Bragg is concerned about what happens after it's established and if the County could increase that rate without obtaining new approval from a city. Another question concerns whether the city could impose conditions on its consent. It was his opinion that the statute does not state that the city can provide a conditional consent, but a city would have the right to refuse consent, so presumably a city should have a right to consent subject to conditions. He recommended that if the City Council chooses to do that, Council should provide him with the opportunity to draft a resolution that contains those conditions for the next Council meeting. He also recommended there be a requirement that the County agree to accept those conditions. Public Comment Opened: 6:27:21 PM Ms. Jo Bradley, president of MCLA provided the City Clerk with a copy of a letter MCLA wrote to the City of Ft. Bragg in which the MCLA stated that the BID assessment of 1% could not be arbitrarily increased without going through the full BID ordinance process. Ms. Jan Rodriguez, Baechtel Creek Inn in Willits and secretary for the MCLA, advised that they met with the representatives from the City of Willits and the Willits City Council will make its decision on January 25th. Last week there was a meeting of Ukiah innkeepers regarding the proposal and she felt that a majority of the innkeepers present were supportive of the BID. Ken Patel, owner of Best Western Inn Orchard Avenue, stated that many of Ukiah's innkeepers are supportive but they also want it mandated that the BID would promote Ukiah. Anything less than that, is unacceptable. Ms. Deborah Watson, owner of the Hampton Inn and Comfort Inn Suites in Ukiah, discussed her opposition to the BID and recommended the MCLA or County hire a consultant to promote the entire County. Jim Wattenburger, 2nd District Supervisor, voiced his support for the proposal. Public Comment Closed: 6:57:50 PM City Attorney Rapport recommended three conditions be incorporated in the Resolution, if Council desires to consider a resolution at its next meeting to include: 1. That the Board of Supervisors (Board) shall separately determine whether written protests were received from the owners of affected lodging businesses in the City that will pay more than 50% of the assessments proposed to be levied on lodging businesses located in the City. If so, the Board will exclude the territory within the City limits from the boundaries of the District. 2. The Board shall not establish at any time an assessment on affected lodging businesses located within the City that exceeds 1% of the gross room revenue received by a lodging business for transient occupancy without the prior written consent of the City Council. 3. If so requested in a petition signed by the owners of affected lodging businesses in the City that pay more than 50% of the assessments levied on such businesses located in the City, not more than one year from the receipt of such petition, the Board shall remove the territory located within the City limits from the District's boundaries under such procedures as are required by law, unless prior to the completion of such procedures a petition signed by the same owners withdraws from the request. M/S McCowen/Crane directing staff to prepare a resolution for Council's consideration at the next meeting, with the conditions outlined by the City Attorney; carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku NOES: None ABSTAIN: None ABSENT: None 8b. Discussion and Possible Selection of City Council Members to Consider Formula Business Regulation and Form Based Zoninp Matters~ Despite Owning Property Within 500 Feet of Affected Areas 7:02:00 PM City Attorney Rapport explained that this matter is being returned to the City Council due to the Fair Political Practices Commission's (FPPC) decision regarding the possible conflict of interest of a Councilmember, as outlined in his staff report. He reviewed his staff report regarding the requirement of maintaining a quorum, and noted that four Councilmembers, Councilmember Baldwin excluded, would be subjected to the standard established by the FPPC because they own property within 500 feet of affected areas. He discussed the requirements of the FPPC's regulation. He explained that, as such, understanding that four Council members own real property within 500 feet of the downtown business district and/or gateway streets of Perkins and Gobbi, three Councilmembers with disqualifying financial interests may be selected to participate in deciding whether to adopt an interim moratorium on formula businesses in the downtown business district and the gateway streets. Two Councilmembers may be selected to participate in the other decisions affecting these areas with regard to form-based zoning and the permanent regulation of formula businesses. He further explained that the statute states that there has to be an immediate threat to health or safety from businesses being able to locate where the Council is considering certain regulation before those regulations can be adopted, The cases also say that if it's reasonable to conclude that allowing those businesses to be established before the regulation is adopted would interfere with the City's ability to effectively regulate, then the moratorium can be enacted, After considerable discussion, it was the consensus of the City Council to select the Councilmembers by a random selection drawing. Once picked, the Councilmembers would remain as long as the matter is considered. Councilmember Crane stated that he did not want to participate in the process. The remainder of the Councilmembers expressed their willingness to participate in the selection process. Councilmember Baldwin stated that he does not have a conflict of interest regarding this matter. The results of the first round of drawing selecting Councilmembers who would be involved in discussion of an urgency ordinance regarding a moratorium on form based businesses in Ukiah revealed that Councilmembers Crane, Rodin, Baldwin, and Mayor Ashiku would participate. The results of the second round of drawing revealed that Councilmembers McCowen, Baldwin, and Mayor Ashiku would participate regarding a form-based zoning ordinance. The results of the third round of drawing were that Councilmembers Crane, Rodin, and Baldwin would participate in discussion of an ordinance regulating formula businesses in Ukiah. 8c. Discussion and Recommendation to Mendocino County Regarding Options for Proceeding with the Ukiah Valley Area PlanT:26:02 PM Planning Director Stump reported that County staff recently provided City staff with a Discussion Draft Board of Supervisors Agenda Summary Report concerning options for proceeding with the Ukiah Valley Area Plan (UVAP). A number of draft options were developed by the County staff for consideration by the Board. Additionally, the Ukiah Valley Smart Growth Coalition has submitted draft recommendations for the Board's consideration. He requested Council consider the options and provide direction to staff in which they will formalize the City's position on this matter. County staff concluded that "Option D" may be the preferred option. He proceeded to discuss the Smart Growth Coalition's recommendations as well as City comments on the UVAP and the UVAP EIR. Public Comment Opened: 7:29:20 PM Anne Oliver, member of Ukiah Valley Smart Growth Coalition (Coalition), read into the record recommendations proposed by the Coalition to the Mendocino County Board of Supervisors. Public Comment Closed: 7:34:08 PM After considerable discussion, it was the unanimous consensus of the City Council to recommend "Option D and A2" to the Board of Supervisors. These options call for the conduct of a new community planning process that would include a reassessment of the UVAP policies and the development of detailed policy directives for growth areas. It also calls for the amendment of the General Plan to incorporate key policies from the UVAP as a way to address large projects and growth issues while the UVAP is being developed. Additionally, the Council recommended that the County prepare and adopt an interim urgency ordinance disallowing the filing of General Plan Amendments, as well as Use Permits for large development projects while the UVAP is being developed. If the County adopts such an interim urgency ordinance, Option A2 may not be necessary and such a tool could adversely impact affordable housing. Council recommended that the County seriously discuss this issue and find a way to permit affordable housing development that does not compromise the community's efforts to develop a meaningful growth management plan for the Ukiah Valley or result in the rezoning of industrial, agricultural, or rangeland. The Council also recommended that the new direction of the UVAP include the incorporation of additional Smart Growth, Sustainable Development and long- term growth management policies. The Council supports the City/County effort to successfully manage and plan for traffic circulation in the valley, and consider this a vital part of any future planning process for the Ukiah Valley. Planning Director Stump proposed that staff draft a letter, with the Mayor's signature, addressing these items and send it to the Board of Supervisors prior to January 24th when the Board plans to meet next. 9. NEW BUSINESS 9a. Adoption of Resolution Approving Assignment of Cable TV Franchise from Adelphia Cable Communications to a Subsidiary of Comcast Corporationg:06: ! 6 PM A pole of the Council revealed that all Councilmembers had read the Staff Report and no discussion was needed. M/S McCowen/Baldwin adopting Resolution 2006-33 conditionally authorizing the assignment of a cable television franchise and cable system by Century Mendocino Cable Television, Inc. D/B/A Adelphia Cable Communications to Cable Holdco Exchange V, LLC and a change of control to Comcast of Indiana/Michigan/Texas, LP, a subsidiary of Comcast Corporation; motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku NOES: None ABSTAIN: None ABSENT: None 9b. AD=roval of Preliminary Scope of Work~ Cost Sharing Approach, and City Participation in the Construction of a Traffic Signal at Perkins Street and Hospital Drive~ Direction to the City Manager to Prepare an Agreement with the Project Applicants~ and a Budget Amendment This item was pulled from the agenda. Recessed:8:10:40 PM Reconvened: 8:16:46 PM 9d. Discussion of the Civic Center Every-Other-Friday Closures - McCowenS: ! 6:54 PM City Manager Horsley advised that Councilmember McCowen has requested that this item be agendized for a status update and discussion by the Council. She reviewed her Staff Report with Council including the program benefits of expanded hours at the Civic Center, starting at 7:30 am to allow customers time to come in before their own workday begins, the reduction of sick leave usage by City employees, better coordination for full-strength staffing on the days that the Civic Center is open for business, reduced gasoline usage for commuting to work, and enhanced employee morale. Additionally, the increased workload the City staff has experienced in the last ten years along with a reduction in staffing and resources due to budget restraints has become more tolerable with the current work schedule. Even though the workday is nine hours or longer, many of the employees have expressed their opinion that having the three day weekend twice a month has improved morale tremendously. She went on to discuss some of the limitations of the program and surveys conducted by the Employers Council of Mendocino County (ECMC), the North Coast Builders Exchange, and the Greater Ukiah Chamber of Commerce (Chamber). In summary, she noted that the City has received very few complaints concerning the current work schedule. Public Comment Opened: 8:23:45 PM Members of the public that spoke in support of keeping City Hall open Monday through Friday were: John Dickerson, Executive Director of the Mendocino County Employers Council, Keith Woods, representing the North Coast Builders Exchange, and Mr, Lee Howard, a local contractor. The City Council questioned speakers and staff during the public comment period. The main concern expressed by the speakers opposing a Friday closure was the unavailability of the City's Building Inspector to issue building permits and perform inspections on Fridays. Mr. Paul Richey, City of Ukiah Airport Manager, explained that there are many employees who would like to make a comment on this matter, however, they are concerned about retribution by other City employees and officials. This particular benefit has been favorably received by City staff. He recommended the City Manager work with the bargaining units and amend, rather than discontinue, the every other Friday closure. Public Comment Closed: 8:53:52 PM The City Council expressed concern with loss of service to the community, that City employees should be available to serve the public, most businesses within the City work Monday through Friday and need the City's services during that time, re-evaluating the cost savings to the City while continuing with the current schedule, and that City employees now consider the every other Friday closure schedule an employee benefit. Council recommended the City Manager devise a schedule to be open every Friday, with as many of the City's employees continuing to work a flex schedule as possible. There was a suggestion that many of the City's applications, such as business license applications and planning permit applications, could be posted on the City's web site for the public to access. City Manager Horsley responded to Council's concerns by stating that she would meet with Planning Director Stump regarding implementing an alternative for building inspections and report back to Council. She explained that some employees are trained for one particular job and they have no coverage when they are not in the office. In conclusion, the Council recommended that the matter be postponed until the first meeting in March to allow staff time to discuss alternative schedules for a Monday through Friday work week with employees, to look at a flexible schedule to meet the service needs of the community and flexibility of the City's employees, and devising a schedule whereby the Building Inspector would be available to perform inspections five days a week. Council noted the importance of cross training employees on specific positions. Planning Director Stump responded, to an inquiry by Council by stating that the Planning Department has received about six complaints since the City implemented the current work schedule. 9c. Request for Approval to Hire Executive Recruitment Firm for Director of Public Utilities Vacancy9:37:35 PM Personnel Director Harris explained that the Director of Public Utilities position is currently vacant, due to the recent resignation of Bernie Ziemianek. This position has traditionally been difficult to fill, not only in the City of Ukiah, but for other public agencies as well, due to the. broad scope of responsibility and professional expertise required of the position. Due to the multiple capital improvement projects pending and the broad scope of issues currently facing the Public Utility Department, it is critical that the City locate a qualified candidate to fill this vacancy as soon as possible. Therefore, staff is requesting approval to hire an executive recruitment firm, specializing in the recruitment of executives and industry experts for the electric and water utilities. City Manager Horsley responded to an inquiry by Councilmember Crane concerning the possibility of separating the water, sewer and electric divisions. Council discussed the cost of hiring Mycoff & Associates to fill the Director of Public Utilities position, at a minimum fee of $35,000. Councilmember McCowen advocated selecting an alternate search firm at a significant saving. M/S Baldwin/Rodin authorizing the hiring of Mycoff & Associates to fill the current Director of Public Utilities vacancy, carried by the following roll call vote: AYES: Council members Crane, Rodin, and Baldwin NOES: Councilmember McCowen and Mayor Ashiku ABSTAIN: None ABSENT: None 9e. Discussion and Review of City Council Committee Assignments 9:53:10 PM Councilmember Rodin stated that she thought she was the alternate representative for LAFCO, however, the listing indicates that Councilmember McCowen is the alternate. Councilmember McCowen explained that the City Selection Committee makes the decision and Mayor Ashiku is the alternate. Councilmember Baldwin requested that the matter of how Councilmember appointments to committees are made be agendized in the near future. He would like to be informed of topics/policies discussed at the committee level. 10 Councilmember McCowen and Mayor Ashiku reported on discussions at recent City/County Subcommittee meetings. It was determined that the Annexation Committee should be deleted from the Council committee assignment list and its subject area be included in the City/County Subcommittee. 9f. Discussion of Possible Ballot Measures for the June and November 2006 Elections! 0:04:34 PM City Manager Horsley advised that this item is being brought forward so that if there are any potential ballot measures which the Council wishes to include on either the June or November elections, there will be time for staff to provide the necessary backup for these measures within the timeframe required by the County. There was a brief discussion concerning a potential ballot measure of increasing the City's current Transient Occupancy Tax (TOT) from 8% to 10%. Council discussed the issue of the two-year term of the Mayor as opposed to a four-year term, and a previous City policy whereby each of the Councilmembers were elected to a four-year term and the Mayor was selected/rotated from among the elected Council. Council discussed the advantages of having a four-year term for the Mayor and being appointed by the elected Council, as well as the situation of appointing someone to a Council position when that Councilmember vacates their term before its expiration because they are elected Mayor. Instant runoff voting was also discussed. It was the consensus of the City Council to direct staff to prepare the necessary documents for a ballot measure for the June election with regard to having the Mayor being appointed from among the five elected Councilmembers and that all five Councilmembers' terms would be four years. The language for such a measure, taken from a previous election, would be returned to Council at the next meeting for review. It was noted by City Attorney Rapport that if such a measure passed at the June 6th election, it would become effective for the November 2006 election of City Councilmembers. It was also the consensus of the Council that staff should prepare to have a TOT increase on the November 2006 ballot. 9g. Consideration and Possible Action on Legal Advice Concernin? Pendin_ci Calr~ine Bankruptcy - Open and Closed Sessions No Closed Session needed. 9h. Approval of resolution extending the existence of a local emergency for the City of Ukiah Matter to be discussed in Closed Session. 10. COUNCIL REPORTS ]! Councilmember Rodin reported that last week she attended an Administrative Policy Committee meeting of the League of California Cities. City Attorney Rapport discussed the issue of conflict of interest as it pertains to City Councilmembers and noted that several city attorneys, as well as a League staff attorney, are involved in clarifying the matter. Councilmember Rodin reported that State Senator Ms. Lonnie Hancock, who coauthored the bill that would have given local jurisdictions the right to implement choice voting, has authored a campaign finance reform bill that will have publicly financed campaigns for state elected offices. She noted that Patty Berg is one of the coauthors of the bill. Councilmember Rodin voiced her support of the bill. They are working towards obtaining bipartisan support for the bill. She went on to discuss how the bill would work if approved. She also reported that she attended a form based zoning meeting in Sacramento last year and heard all four speakers who will be in attendance at the forum to be presented this Friday at the Ukiah Valley Conference Center concerning Smart Growth. Councilmember Baldwin drew attention to the amount of litter on Highway 101 in Ukiah. Mayor Ashiku requested that the matter of a regional enhanced disaster plan be agendized at the next meeting. He met with the City Manager and asked her to assist him in developing a program. He discussed the importance of preparing and educating the public on the proper procedures to follow in the event of a disaster. He commended City staff for their efforts in dealing with the recent emergencies in the City. He also requested that the matter of City Council decorum be agendized for the next meeting. 11. CITY MANAGER/CITY CLERK REPORTS City Manager Horsley requested Council approve the resolution extending the existence of a local emergency. 9h. Approval of resolution extending the existence of a local emergency for the City of Ukiah M/S McCowen/Crane adopting Resolution 2006-34, confirming existence of a local emergency, carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku NOES: None ABSTAIN: None ABSENT: None Adjourned to the Ukiah Redevelopment Agency: 109:34:34 PM Reconvened: ! 0:40:09 PM ]2 Adjourned to Closed Session: !0:40:09 12. CLOSED SESSION a. Conference with Labor Negotiator~ Government Code Section 54957.6 Employee Negotiations: Electrical and Fire Units Negotiator: Candace Horsley b. Conference with Legal Counsel- Existing Litigation Government Code Section 54956.9(b) (2) Closed session only to decide whether closed session authorized 9g. Consideration and Possible Action on Legal Advice Concernin? Pending Calpine Bankruptcy - Open and Closed Sessions Reconvened: unknown M/S McCowen/Crane authorizing the Northern California Power Agency (NCPA), as the City's agent, to give Calpine notice that the City is terminating the Calpine contract, effective January 20, 2006, as a forward merchant contract under the authority of Sections 556, 562, and 362(b)(2) of the Bankruptcy Code, and authorize the City Manager to take any additional steps necessary to protect the City's interest in the pending proceedings involving the Calpine contract; carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku NOES: None ABSTAIN: None ABSENT: None 13. ADJOURNMENT There being no further business, the meeting was adjourned at an unknown time. Marie Ulvila, City Clerk 13