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Mayor Fullmer began the meeting at:04 am.
Mayor Fullmer began the meeting at:04 am.
Mayor Fullmer asked that for item3 additional language be added that stipulated that the company installing the shade sails consult the city arborist and use trees approved in the city’s tree manual.            CONSENT1.   Approvalof the May,2024, City Council Meeting Minutes2.ApprovalofPTIFManagementAuthorization(Resolution2024-14)3.ShadeSailsBidAward(Resolution2024-16)4.SpecialEvent Fee Waiver -Art in the Park5.SpecialEventFeeWaiver-Walk-A-Thon&BenefitConcert
Mayor Fullmer asked that for item3 additional language be added that stipulated that the company installing the shade sails consult the city arborist and use trees approved in the city’s tree manual.            CONSENT1.   Approvalof the May,2024, City Council Meeting Minutes2.ApprovalofPTIFManagementAuthorization(Resolution2024-14)3.ShadeSailsBidAward(Resolution2024-16)4.SpecialEvent Fee Waiver -Art in the Park5.SpecialEventFeeWaiver-Walk-A-Thon&BenefitConcert
MOTION:  COUNCILMEMBER SIFUENTES MOVED TO APPROVE THE CONSENT ITEMS AS PRESENTED, WITH THE STIPULATION THAT FOR ITEM3 THE GROUP WORK WITH THE CITY ARBORIST. COUNCILMEMBER RASMUSSEN SECONDED. MAYOR FULLMER AND COUNCILMEMBERS SIFUENTES, RASMUSSEN, AND CAMERON VOTED IN FAVOR. COUNCILMEMBER HOLDAWAY WAS EXCUSED. THE MOTION PASSED WITH ONE ABSENT.           CLOSEDSESSION
MOTION:  COUNCILMEMBER SIFUENTES MOVED TO APPROVE THE CONSENT ITEMS AS PRESENTED, WITH THE STIPULATION THAT FOR ITEM3 THE GROUP WORK WITH THE CITY ARBORIST. COUNCILMEMBER RASMUSSEN SECONDED. MAYOR FULLMER AND COUNCILMEMBERS SIFUENTES, RASMUSSEN, AND CAMERON VOTED IN FAVOR. COUNCILMEMBER HOLDAWAY WAS EXCUSED. THE MOTION PASSED WITH ONE ABSENT.           CLOSEDSESSION
MOTION: COUNCILMEMBER SIFUENTES MOVED TO GO INTO CLOSED SESSION AT:05AM, FOR THE PURPOSES OF A STRATEGY SESSION TO DISCUSS PENDING OR REASONABLY IMMINENT LITIGATION. COUNCILMEMBER CAMERON SECONDED. THE ROLL CALL WENT AS FOLLOWS: MAYOR FULLMER, COUNCILMEMBERS CAMERON, RASMUSSEN, AND SIFUENTES VOTED IN FAVOR. COUNCILMEMBER HOLDAWAY WAS EXCUSED. THE MOTION PASSED WITH ONE ABSENT.
MOTION: COUNCILMEMBER SIFUENTES MOVED TO GO INTO CLOSED SESSION AT:05AM, FOR THE PURPOSES OF A STRATEGY SESSION TO DISCUSS PENDING OR REASONABLY IMMINENT LITIGATION. COUNCILMEMBER CAMERON SECONDED. THE ROLL CALL WENT AS FOLLOWS: MAYOR FULLMER, COUNCILMEMBERS CAMERON, RASMUSSEN, AND SIFUENTES VOTED IN FAVOR. COUNCILMEMBER HOLDAWAY WAS EXCUSED. THE MOTION PASSED WITH ONE ABSENT.
Mayor Fullmer brought the meeting back into open session at:12 am.               BUSINESSITEMS1.    DiscussionandAction-SettlementAgreement CityAttorneyJayme Blakesleywillpresent asettlementagreement.
Mayor Fullmer brought the meeting back into open session at:12 am.               BUSINESSITEMS1.    DiscussionandAction-SettlementAgreement CityAttorneyJayme Blakesleywillpresent asettlementagreement.
City Attorney Jayme Blakesley presented a settlement agreement to the public.
City Attorney Jayme Blakesley presented a settlement agreement to the public.
MOTION: COUNCILMEMBER SIFUENTES MOVED TO APPROVE THE SETTLEMENT AGREEMENT AS PRESENTED. COUNCILMEMBER CAMERON SECONDED. THE ROLL CALL WENT AS FOLLOWS: MAYOR FULLMER, COUNCILMEMBERS CAMERON, RASMUSSEN, AND SIFUENTES VOTED IN FAVOR. COUNCILMEMBER HOLDAWAY WAS EXCUSED. THE MOTION PASSED WITH ONE ABSENT.          ADJOURNMENT
MOTION: COUNCILMEMBER SIFUENTES MOVED TO APPROVE THE SETTLEMENT AGREEMENT AS PRESENTED. COUNCILMEMBER CAMERON SECONDED. THE ROLL CALL WENT AS FOLLOWS: MAYOR FULLMER, COUNCILMEMBERS CAMERON, RASMUSSEN, AND SIFUENTES VOTED IN FAVOR. COUNCILMEMBER HOLDAWAY WAS EXCUSED. THE MOTION PASSED WITH ONE ABSENT.          ADJOURNMENT
Mayor Fullmer adjourned the meeting at:16 am.          CONSENT ITEMS   Thenextmeeting ison Juneth,24.       MINUTES APPROVED ON:  June,24   CERTIFIED CORRECT BY:                        TONY LARA, DEPUTY CITY RECORDER
Mayor Fullmer adjourned the meeting at:16 am.          CONSENT ITEMS   Thenextmeeting ison Juneth,24.       MINUTES APPROVED ON:  June,24   CERTIFIED CORRECT BY:                        TONY LARA, DEPUTY CITY RECORDER
That occasionally. 00:00:00
Are we rolling? 00:00:04
All right, today is June 14th, 2024. The time is 11/04 and we're going to start our special session of the Vineyard City Council. 00:00:06
We have some consent agenda items as everybody online. OK, we have some consent agenda items with 2.3. I wanted to make sure that 00:00:14
we added a speculation that the group works with the city arborist to pick trees and work within our tree manual. So if you guys 00:00:22
want to take anything off and discuss beyond that, we can otherwise. 00:00:30
I just need a motion and I think we could make that motion. 00:00:39
Oh. 00:00:43
As long as you guys are comfortable, I'll make a motion to approve the consent items with the addition of making 2.3's condition 00:00:47
of having the group work with the city arborist and pick trees and work within the tree manual. There we go. OK, we have a motion 00:00:54
by Marty. Can I get a second? 00:01:00
Second, second by Amber. All in favor, aye, OK. And Jacob is excused and. 00:01:09
This brings us into we need to go into a closed session and we're going into a closed session for a strategy, strategy session to 00:01:19
discuss pending or reasonably imminent litigation. 00:01:26
I just need a motion to go into that closed session so moved. 00:01:34
And this says following the City Council meeting, but we're going to do it right now and then come back into the meeting. So the 00:01:39
motion is to go into a closed session right now and then discuss for the reason that I stated and then to come back out. Okay, 00:01:45
first by Marty, can I get a second? 00:01:52
Second by Sarah. All in favor A roll call. Roll call, Amber aye. 00:02:00
Sarah. 00:02:08
Hi, Marty. And Jake is excused. OK, That's going to put us into our closed session. So we're going to go do that right now. 00:02:10
Yeah, little kidney. 00:02:25
We're good to go. 00:02:29
OK. We are back in our meeting now. So we will move on to our business items 4.1 discussion and action settlement agreement and 00:02:31
our city Attorney, Jamie Blakely will present this settlement agreement. Thank you Mayor Fulmer, the a little bit of background 00:02:37
leading into the settlement agreement. 00:02:43
Several months ago, the city received application for encroachment permits to lay communications equipment in public utility 00:02:51
easements in some communities within the city. 00:02:57
There at the time was written into the plat some language that excluded telecommunications from the public utility easement. And 00:03:04
so the city denied those permits on that basis that we didn't have the legal right to grant them. Since that time, we have been 00:03:14
named in a lawsuit brought by Comcast to enforce their ability to use that public utility easement. 00:03:23
They, as part of that lawsuit, prevented, provided information to us indicating that there are federal laws that protect against 00:03:33
that kind of exclusion, public utility easement language, and that cut in favor of allowing them to use the public utility 00:03:41
easement. I've reviewed that information along with the state statute on public utility easements and am convinced that they're 00:03:48
correct. 00:03:55
In that read. 00:04:03
We as part of settlement discussions with Comcast in that lawsuit have talked about how to resolve the situation. And without 00:04:05
disclosing the confidential things that were that were discussed there, we have come to a resolution that is really good for city 00:04:13
residents and really good for the city as a whole. And I'll kind of summarize what it is and then I'm happy to. 00:04:21
Answer any questions if you think there's other information the public may wish to know. 00:04:31
The settlement agreement essentially is that Comcast will renew its application for encroachment permits. The city will grant 00:04:35
those permits as long as they're submitted in accordance with city standards and city rules. Once those permits are granted, they 00:04:43
will go in and begin laying their telecommunications equipment and offering Comcast service to city residents in those 00:04:50
neighborhoods and the city. 00:04:58
Then we'll expect that perhaps other communications providers may file a lawsuit, and Comcast has agreed, if that happens, that it 00:05:06
will indemnify and provide for the defense of the city in accordance with its franchise agreement. And so the city will be in a 00:05:15
position where if it is named in a subsequent lawsuit brought by another entity, that it will be protected by Comcast. There is a 00:05:23
settlement agreement that has been reviewed by the City Council and by me and by city staff. 00:05:32
And that agreement will be entered into the record of this meeting once it's voted on by the council today. 00:05:41
OK. Any questions? If not I need a motion. 00:05:49
I need to approve the settlement agreement as presented. My microphone was not. I moved to approve the settlement agreement as 00:06:03
presented. 00:06:07
OK, we have a first by Marty. Can I get a second? 00:06:12
Second by Sarah and I will do this by roll call Sarah. 00:06:17
Stamper. Aye, Marty and Jacob's excused. Excellent. Thank you for being here and the meeting's adjourned. 00:06:23
Thanks guys. 00:06:32
Thank you, Steph for coming in. 00:06:34
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That occasionally. 00:00:00
Are we rolling? 00:00:04
All right, today is June 14th, 2024. The time is 11/04 and we're going to start our special session of the Vineyard City Council. 00:00:06
We have some consent agenda items as everybody online. OK, we have some consent agenda items with 2.3. I wanted to make sure that 00:00:14
we added a speculation that the group works with the city arborist to pick trees and work within our tree manual. So if you guys 00:00:22
want to take anything off and discuss beyond that, we can otherwise. 00:00:30
I just need a motion and I think we could make that motion. 00:00:39
Oh. 00:00:43
As long as you guys are comfortable, I'll make a motion to approve the consent items with the addition of making 2.3's condition 00:00:47
of having the group work with the city arborist and pick trees and work within the tree manual. There we go. OK, we have a motion 00:00:54
by Marty. Can I get a second? 00:01:00
Second, second by Amber. All in favor, aye, OK. And Jacob is excused and. 00:01:09
This brings us into we need to go into a closed session and we're going into a closed session for a strategy, strategy session to 00:01:19
discuss pending or reasonably imminent litigation. 00:01:26
I just need a motion to go into that closed session so moved. 00:01:34
And this says following the City Council meeting, but we're going to do it right now and then come back into the meeting. So the 00:01:39
motion is to go into a closed session right now and then discuss for the reason that I stated and then to come back out. Okay, 00:01:45
first by Marty, can I get a second? 00:01:52
Second by Sarah. All in favor A roll call. Roll call, Amber aye. 00:02:00
Sarah. 00:02:08
Hi, Marty. And Jake is excused. OK, That's going to put us into our closed session. So we're going to go do that right now. 00:02:10
Yeah, little kidney. 00:02:25
We're good to go. 00:02:29
OK. We are back in our meeting now. So we will move on to our business items 4.1 discussion and action settlement agreement and 00:02:31
our city Attorney, Jamie Blakely will present this settlement agreement. Thank you Mayor Fulmer, the a little bit of background 00:02:37
leading into the settlement agreement. 00:02:43
Several months ago, the city received application for encroachment permits to lay communications equipment in public utility 00:02:51
easements in some communities within the city. 00:02:57
There at the time was written into the plat some language that excluded telecommunications from the public utility easement. And 00:03:04
so the city denied those permits on that basis that we didn't have the legal right to grant them. Since that time, we have been 00:03:14
named in a lawsuit brought by Comcast to enforce their ability to use that public utility easement. 00:03:23
They, as part of that lawsuit, prevented, provided information to us indicating that there are federal laws that protect against 00:03:33
that kind of exclusion, public utility easement language, and that cut in favor of allowing them to use the public utility 00:03:41
easement. I've reviewed that information along with the state statute on public utility easements and am convinced that they're 00:03:48
correct. 00:03:55
In that read. 00:04:03
We as part of settlement discussions with Comcast in that lawsuit have talked about how to resolve the situation. And without 00:04:05
disclosing the confidential things that were that were discussed there, we have come to a resolution that is really good for city 00:04:13
residents and really good for the city as a whole. And I'll kind of summarize what it is and then I'm happy to. 00:04:21
Answer any questions if you think there's other information the public may wish to know. 00:04:31
The settlement agreement essentially is that Comcast will renew its application for encroachment permits. The city will grant 00:04:35
those permits as long as they're submitted in accordance with city standards and city rules. Once those permits are granted, they 00:04:43
will go in and begin laying their telecommunications equipment and offering Comcast service to city residents in those 00:04:50
neighborhoods and the city. 00:04:58
Then we'll expect that perhaps other communications providers may file a lawsuit, and Comcast has agreed, if that happens, that it 00:05:06
will indemnify and provide for the defense of the city in accordance with its franchise agreement. And so the city will be in a 00:05:15
position where if it is named in a subsequent lawsuit brought by another entity, that it will be protected by Comcast. There is a 00:05:23
settlement agreement that has been reviewed by the City Council and by me and by city staff. 00:05:32
And that agreement will be entered into the record of this meeting once it's voted on by the council today. 00:05:41
OK. Any questions? If not I need a motion. 00:05:49
I need to approve the settlement agreement as presented. My microphone was not. I moved to approve the settlement agreement as 00:06:03
presented. 00:06:07
OK, we have a first by Marty. Can I get a second? 00:06:12
Second by Sarah and I will do this by roll call Sarah. 00:06:17
Stamper. Aye, Marty and Jacob's excused. Excellent. Thank you for being here and the meeting's adjourned. 00:06:23
Thanks guys. 00:06:32
Thank you, Steph for coming in. 00:06:34
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