Loading...
HomeMy WebLinkAbout2002/12/04 - Minutes - Special December 4, 2002 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Special Meetin,q A. CALLTO ORDER A special meeting of the Rancho Cucamonga City Council was held on Wednesday, December 4, 2002, in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor William J. Alexander called the meeting to order at 6:07 p.m. Present were Councilmembers: Grace Curatalo, Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Linda D. Daniels, RDA Director; Mike Nelson, Sr. RDA Analyst; Jan Reynolds, RDA Analyst; Lynda Thompson, Assistant RDA Analyst; Jim Frost, City Treasurer; Larry Temple, Administrative Services Director; Joe O'Neil, City Engineer; Shintu Bose, Deputy City Engineer; Brad Buller, City Planner; Larry Henderson, Principal Planner; John Thomas, Acting Building Official; Alan Brock, Plan Check Managed. Building; Kevin McArdle, Community Services Director; Paula Pachon, Management Analyst III; Dave Moore, Recreation Superintendent; Karen Silhanek, Community Services Technician; Captain Pete Ortiz, Rancho Cucamonga Police Department; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Michelle Dawson, Management Analyst Ill; Kimberly Thomas, Management Analyst II; Kathryn L. Scott, Deputy City Clerk and Debra J. Adams, City Clerk. B. ITEMS OF BUSINESS WITH RETIRING COUNCIL B1. APPROVAL OF RESOLUTION COMMENDING PAUL BIANE RESOLUTION NO. 02-303 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA CALIFORNIA, COMMENDING PAUL BIANE FOR HIS SERVICES AS A MEMBER OF THE CITY COUNCIL MOTION: Moved by Williams, seconded by Alexander to approve Resolution No. 02-303. Motion carried unanimously 3-0. B2. APPROVAL OF A RESOLUTION COMMENDING GRACE CURATALO RESOLUTION NO. 02-304 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA CALIFORNIA, COMMENDING GRACE CURATALO FOR HER SERVICES AS A MEMBER OF THE CITY COUNCIL MOTION: Moved by Williams, seconded by Alexander to approve Resolution No. 02-304. Motion carried unanimously 3-0. B3. APPROVAL OF A RESOLUTION COMMENDING BOB DUTTON City Council Minutes December 4, 2002 Page 2 RESOLUTION NO. 02-305 A RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA CALIFORNIA, COMMENDING BOB DU'I-I'ON FOR HIS SERVICES AS A MEMBER OF THE CITY COUNCIL MOTION: Moved by Williams, seconded by Alexander to approve Resolution No. 02-305. Motion carried unanimously 3-0. B4. APPROVAL OF A RESOLUTION CERTIFYNG MUNICIPAL ELECTION RESULTS RESOLUTION NO. 02-306 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN SAID CITY OF RANCHO CUCAMONGA ON THE 5TM DAY OF NOVEMBER, 2002 DECLARING THE RESULT THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW Motion: Moved by Curatalo, seconded by Williams to approve Resolution No. 02-306. Motion carried unanimously 3-0. C. ITEMS OF BUSINESS WITH NEWLY ELECTED OFFICIALS C1. ADMINISTERING OATHS OF OFFICE BY SUPERIOR COURT JUDGE JEFFREY KING TO WILLIAM J. ALEXANDER, DIANE WILLIAMS AND REX GUTIERREZ The oaths of office were administered by Superior Court Judge, Jeffrey King. D. PRESENTATIONS D1. PRESENTATION BY GWYN FROST Mrs. Frost was not present at this meeting. Her presentation was discussed at the regular City Council meeting. E. COMMUNICATIONS FROM THE PUBLIC No communication was made from the public. F. ADJOURNMENT The meeting recessed at 6:13 p.m., and would reconvene at 7:00 p.m. for the regular meeting after a reception was held to congratulate the successful candidates. City Council Minutes December 4, 2002 Page 3 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting A. CALLTO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, December 4, 2002, in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor William J. Alexander called the meeting to order at 6:07 p.m. Present were Councilmembers: Rex Gutierrez, Diane Williams and President William J. Alexander. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Linda D. Daniels, RDA Director; Mike Nelson, Sr. RDA Analyst; Jan Reynolds, RDA Analyst; Lynda Thompson, Assistant RDA Analyst; Jim Frost, City Treasurer; Larry Temple, Administrative Services Director; Joe O'Neil, City Engineer; Shintu Bose, Deputy City Engineer; Brad Buller, City Planner; Larry Henderson, Principal Planner; John Thomas, Acting Building Official; Alan Brock, Plan Check Managed. Building; Kevin McArdle, Community Services Director; Paula Pachon, Management Analyst III; Dave Moore, Recreation Superintendent; Karen Silhanek, Community Services Technician; Captain Pete Ortiz, Rancho Cucamonga Police Department; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Michelle Dawson, Management Analyst III; Kimberly Thomas, Management Analyst II; Kathryn L. Scott, Deputy City Clerk and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation to Grace Curatalo in appreciation of her service to the City and the people of the City of Rancho Cucamonga. Mayor Alexander presented Grace Curatalo with a City commemorative, framed print and a City tile thanking her for her service to the City and people of Rancho Cucamonga. Grace Curatalo stated it was a privilege to serve and commented how much she loves the City. B2. Presentation of Proclamations in recognition of the "Day of the Horse 2002." Proclamations were presented to representatives of Rising Stars of Equestrian Therapy, Alta Loma Riding Club, Rancho Rebels 4-H Club Horse Project and the Rancho Cucamonga Citizen's Equestrian Patrol. They all thanked the City for their continued support. B3. Presentation to the City Council from the 4-H Club in recognition of the Council's support of 4-H Youth Programs. Carol Douglas from the 4-H Club presented the Council with the award. C. COMMUNICATIONS FROM THE PUBLIC City Council Minutes December 4, 2002 Page 4 C1. Gwyn Frost spoke about the traditional coffee mugs she and her husband Jim present new members that are seated on the Council. She stated she had already given Rex Gutierrez a coffee mug the first time he was elected to the Council. She stated she will continue with this tradition when the two new members become part of the Council. She also thanked Grace Curatalo for her service to the community, and she also thanked Paul Biane and Bob Dutton. C2. Darlene Nichols of Rancho Cucamonga stated the City Council has been wonderful. She hoped there would not be an election and that the Council would appoint the two people who received the next highest votes in the November 5 election. C3. A lady (did not identify herself) stated she would like to see the Council appoint the two people who received the next highest votes in the November 5 election. C4. Alice Brown, 10448 Finch, stated she agreed with Mayor Alexander and felt that the top runner-ups should be placed in the two vacant seats. She felt the cost for a special election would be passed on to the residents. She asked the Council to do the right thing and appoint the two people who received the next highest votes in the November 5 election. C5. Gwyn Frost, Head Start, wanted to thank the City employees for the Thanksgiving food baskets they donated. She stated the employees are also helping out with Christmas baskets. C6. Doris Beckner stated she has been reading the newspaper about all of the problems that are going on with the City Council vacancy. She stated she has a petition with approximately 80 signatures against the special election. She stated they would like the Council to appoint the two people who received the next highest votes in the November 5 election. She asked the Council to consider this. C7. Douglas Pure, 7970 Layton St., stated he agreed with all the people that previously spoke and felt that David Grossberg and Grace Curatalo should be appointed to the City council. C8. A lady (did not identify herself) congratulated the Council on the way they have been running the City. She felt Grace Curatalo and David Grossberg should be appointed to fill the vacancy. She asked the City Council to consider that. C9. Suzanne Cable, Torrino Road, had a petition indicating people think there is too much noise from the new freeway. Mayor Alexander stated the City is aware of the problems with the noise and stated the City will do whatever it can to help with this situation. Joe O'Neil, City Engineer, stated the Engineering Division is also trying to help the residents with their complaints. He stated they will be taking sound readings to try to prove a point. Ms. Cable stated she also agreed that Grace Curatalo should be appointed to fill a vacant seat. Ct0. Charles Hurrell, 6259 Serena, also complained about the sound problem from the freeway indicating it was very loud. C11. A man (did not identify himself) commented on the great leadership of Mayor Alexander and felt the Council should appoint to fill the vacancies. City Council Minutes December 4, 2002 Page 5 D. CONSENT CALENDAR D1. Approval of Warrants, Register 11/13/02 thru 11/25/02, and Payroll ending 11/17/02, for the total amount of $4,328,665.76. D2. Approval of the advertising for the "Notice Inviting Bids" for Phase lB of Community Facilities District 2001-01 to be funded from Acct. No. 16123035650/1442612-0. RESOLUTION NO. 02-307 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FOR PHASE lB OF COMMUNITY FACILITIES DISTRICT 2001-01, CONSISTING OF STREET, STORM DRAIN, SEWER, LANDSCAPING AND TRAFFIC SIGNALS, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVFRTISE TO RECEIVE BIDS D3. Approval of a Request for Waiver of Epicenter Special Event Area Fees for the Local Chapter of the California Association of School Transportation Official's School Bus Roadeo to be held on March 15, 2003. D4. Approval of a Bill of Sale between the City of Rancho Cucamonga and Verizon California, Inc., for the conveyance of the underground conduit and substructure facilities for Vedzon as part of the Lower Hermosa Avenue Phase II Improvements from 350 feet south of 8~h Street to north of the Metrolink Railroad Tracks north of 8th St. RESOLUTION NO. 02-308 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A BILL OF SALE BETWEEN THE CITY AND VERIZON CALIFORNIA, INC. FOR THE CONVEYANCE OF THE UNDERGROUND CONDUIT AND SUBSTRUCTURE FACILITIES FOR VERIZON AS PART OF THE LOWER HERMOSA AVENUE PHASE II IMPROVEME~NTS FROM 350 FEET SOUTH OF 8TM STREET TO NORTH OF THE METROLINK TRACKS NORTH OF 8TM STREET D5. Approval of a Resolution authorizing the destruction of City Records pursuant to California Government Code Section 34090, the City's Records Retention Schedule and other applicable legal citations. RESOLUTION NO. 02-309 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CITY RECORDS WHICH ARE NO LONGER REQUIRED AS SET FORTH IN CALIFORNIA GOVERNMFNT CODE SECTION 34090 AND OTHER APPLICABLE LEGAL REFERENCES D6. Approval for authorization to allow Cingular Wireless to perform on-site testing at the Rancho Cucamonga City Yard for the purpose of reviewing the suitability of the property to install a Wire~ess Monopalm Communications Tower. City Council Minutes December 4, 2002 Page 6 D7. Approval of Improvement Agreement and Improvement Security for Tract 15914, generally located on Birdsong Place, west of Hermosa Avenue, nodh of Hillside Street, submitted by HER 22, LLC, and release of previously submitted Improvement Agreement and Improvement Security accepted by City Council on January 3, 2001, from Cai West Enterprises. RESOLUTION NO. 02-310 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT 15914 AND RELEASING THE IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY PREVIOUSLY ACCEPTED BY CITY COUNCIL ON JANUARY 3, 2001 D8. Approval and authorization for a Contract for Renovation of Two (2) Softball Fields at Red Hill Community Park, with Mariposa Horticultural Enterprises, Inc., of Irwindale, (CO 02-137) in the amount of $21,744.00, funded from Acct. No. 1120-305-5650/1222120-0. D9. Approval of a Contract for Re~ocation Services for the Civic Center Rotunda Retrofit with Golden Eagle Moving Services, Inc. (CO 02-138), of Upland, in the amount of $2,471.00, funded from Acct. No. 1025-001-5300. D10. Approval of a Relinquishment Cooperative Agreement to accept control and maintenance over Foothill Boulevard (State Route 66) from Grove Avenue to East Avenue, except that portion bounded by the southbound 1-15 on-ramp and the nodhbound 1-15 off-ramp, to be relinquished by the State of California to the City of Rancho Cucamonga. Dll. Approval and execution of a Cooperative Agreement between the City of Rancho Cucamonga and the San Bernardino County Flood Control District (CO 02-139) for the design and construction of improvements to the Etiwanda/San Sevaine Mainline Drainage System. RESOLUTION NO. 02-2,11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AND EXECUTING THE COOPERATIVE AGREEMENT BETVVEEN THE CITY OF RANCHO CUCAMONGA AND THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FOR THE DESIGN AND CONSTRUCTION OF IMPROVEMENTS TO THE ETIWANDNSAN SEVAINE MAINLINE DRAINAGE SYSTEM D12. Approval of a Professional Services Agreement with Norris Repke, Inc., (CO 02-140), in the amount of $99,770 (plus 10% contingency) to provide professional design services for the proposed Carnelian Storm Drain Improvements from Vivero St. to 19th St. to be funded from Acct. No. 11123035650/ 1291112-0, and approve an appropriation of $109,747 to Account No. 11123035650/1291112-0 from the General City Drainage Fund Balance. D13. Approval of a Professional Services Agreement with Huls Environmental Management, LLC, (CO 02-141) in an amount not to exceed $44,000 to provide technical assistance in implementing a commercial waste diversion program, to be funded from Acct. No. 10013135300, and approval of an appropriation of $44,000.00 to Acct. No. 10013135300 from the Integrated Waste Management fund balance. D14. Approval to release the Faithful Performance Bond, Labor and Material Bond, and cancel the Improvement Agreement for DR 00-66, submitted by Pansiri and Surachai Wattanaporn (PSW, Inc.) City Council Minutes December 4, 2002 Page 7 RESOLUTION NO. 02-312 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE CANCELLATION OF THE IMPROVEMENT AGREEMENT, THE RELEASE OF THE FAITHFUL PERFORMANCE BOND AND THE RELEASE OF THE LABOR AND MATERIAL BOND FOR DR 00-66 D15. Approva~ to release Maintenance Guarantee Bonds for DR 99-15 and CUP 99-04, located on the southeast corner of Foothill Boulevard and Milliken Avenue, submitted by Catellus Development Corporation. D16. Approval to release Maintenance Guarantee Bond for Tracts 13812 and 14120-1, located on the south side of Summit Avenue, west of Etiwanda Avenue, submitted by Wealth V, LLC. D17. Approval to accept Landscape Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for Landscape Improvements for Tract 15866, submitted by APHRC24, LLC, a Delaware Limited Liability Company, located on the southeast corner of Milliken Avenue and Vintage Drive. RESOLUTION NO. 02-313 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 15866 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Gutierrez, seconded by Williams to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 3~0. E. CONSENT ORDINANCES No Items Submitted. F. ADVERTISED PUBLIC HEARINGS Fl. CONSIDERATION OF THE ADOPTION OF THE CALIFORNIA BUILDING STANDARDS CODE Staff repor~ presented by Allen Brock, Plan Check ManagedBuilding. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. RESOLUTION NO. 02-314 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, MAKING EXPRESS FINDINGS AND DETERMINATIONS THAT MODIFICATIONS TO THE CITY'S BUILDING REGULATIONS, AS ADOPTED BY ORDINANCE NO. 693 ARE REASONABLY NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS City Council Minutes December 4, 2002 Page 8 MOTION: Moved by Williams, seconded by Gutierrez to approve Resolution No. 02-314. Motion carried unanimously 3-0. Debra J. Adams, City Clerk, read the title of Ordinance No. 693. ORDINANCE NO. 693 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTERS 15.04, 15.12, 15.16, 15.20, 15.24, 15.28 AND 15.32, OF TITLE 15, BUILDINGS AND CONSTRUCTION, OF THE RANCHO CUCAMONGA MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 2001 CALIFORNIA BUILDING CODE, INCORPORATING THE "UNIFORM BUILDING CODE, VOLUMES 1 AND 2," 1997 EDITION INCLUDING ALL APPENDICES THERETO; THE 2001 CALIFORNIA MECHANICAL CODE, INCORPORATING THE "UNIFORM MECHANICAL CODE," 2000 EDITION; THE 2001 CALIFORNIA PLUMBING CODE, INCORPORATING THE "UNIFORM PLUMBING CODE," 2000 EDITION, INCLUDING ALL APPENDICES THERETO; THE 2001 CALIFORNIA ELECTRICAL CODE, INCORPORATING THE "NATIONAL ELECTRICAL CODE," 1999 EDITION, INCLUDING THE "UNIFORM ADMINISTRATIVE CODE PROVISIONS FOR THE NATIONAL ELECTRICAL CODE," 1996 EDITION; ALL AS AMENDED BY THE CALIFORNIA BUILDING STANDARDS COMMISSION AND CONTAINED IN PARTS 2 THROUGH 5 OF TITLE 24 OF THE CODE OF REGULATIONS; THE "UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS," 1997 EDITION; THE "UNIFORM HOUSING CODE," 1997 EDITION; TOGETHER WITH CERTAIN AMENDMENTS, DELETIONS, ADDITIONS, AND EXCEPTIONS, INCLUDING FEES AND PENALTIES MOTION: Moved by Gutierrez, seconded by Williams to waive full reading and approve Ordinance No. 693. Motion carried unanimously 3-0. F2. CONSIDERATION OF THE ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE - CITY OF RANCHO CUCAMONGA - A review of the federally required Analysis of Impediments to Fair Housing Choice, which provides an overview of the laws, regulations, or other obstacles that may affect accessibility to housing. Staff report presented by Tom Grahn, Associate Planner. Councilmember Williams complimented staff on the thorough report. Councilmember Gutierrez inquired if this includes affordable housing also, and if the City is providing enough. Jessee Berkley, consultant, stated it was addressed in the recently adopted housing element, and this analysis is looking at individuals with similar income levels that have access to housing in the community. It's not necessarily looking for affordable housing, but it is looked at and examined. Councilmember Gutierrez stated it is mentioned in the report that it is considered an impediment in cities, ours not included at this time, that have building moratoriums on growth management plans. Jessee Berkley, consultant, stated the HUD considers that impediment, but that other counties do have growth moratoriums which can be an impediment to providing housing. City Council Minutes December 4, 2002 Page 9 Mayor Alexander opened the meeting for public hearing. Addressing the City Council was: Frank Williams stated he is not against this. He commented on the fees involved for building affordable housing units and the impediment that creates. He felt builders should let people know what the amount of fees are just to get something built. He hoped that the City will work with SANBAG on all of the fees. There being no further comment, the public hearing was closed. RESOLUTION NO. 02-315 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE, A REVIEW OF THE FEDERALLY REQUIRED ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE, WHICH PROVIDES AN OVERVIEW OF THE LAWS, REGULATIONS, OR OTHER OBSTACLES THAT MAY AFFECT ACCESSIBILITY TO HOUSING MOTION: Moved by Williams, seconded by Gutierrez to approve Resolution No. 02-315. Motion carried unanimously 3-0. G. PUBLIC HEARINGS No Items Submitted. H. CITY MANAGER'S STAFF REPORTS H1. PRESENTATION ON THE CITY'S SILVER ANNIVERSARY HISTORICAL NARRATIVE AND SPECIAL EDITION OF THE GRAPEVINE (OraL) An oral report was presented by Kimberly Thomas, Management Analyst III, Larry Henderson, Principal Planner and Karen Silhanek, Community Services Technician. They also gave a power point presentation. ACTION: Report received and filed. I. COUNCIL BUSINESS I1. LEGISLATIVE UPDATE (Oral) Councilmember Williams commented on the State budget situation. She also commented on the LOCAL (Leave our Community Assets Local) program and urged people to contact our legislators. 12. REPORT ON LOCAL EMPLOYMENT GROWTH Staff report was presented by Mike Nelson, Sr. RDA Analyst. ACTION: Report received and filed. City Council Minutes December 4, 2002 Page 10 t3. PRESENTATION REGARDING MOUNTAIN LIONS FROM A REPRESENTATIVE OF THE CALIFORNIA DEPARTMENT OF FISH AND GAME (Oral) Michelle Dawson, Management Analyst III, introduced Chief Tim Sawyer of the Department of Fish and Game. Chief Sawyer talked about the mountain lion incident that occurred in Rancho Cucamonga. He told about the attacks it made on animals and that it occurred at night. Councilmember Gutierrez asked him about the possible bear sited in the City. Chief Sawyer stated he is familiar with this and stated there is the possibility there are other bears. Mayor Alexander asked when these wild animals are captured why they can't be sent some place instead of putting them down. Chief Sawyer stated it is because there aren't enough places to put them all. 14. CONSIDERATION OF FILLING COUNCIL VACANCY (Oral) Jack Lam, City Manager, stated there are two vacancies on the Council due to the resignations of Councilmembers Dutton and Biane. He stated under state law the Council has the option to appoint to fill the unexpired term or to hold a special election, a decision which the Council has 30 days to make. Councilmember Williams expressed in the past she was in favor of a special election. She stated she tried to get the urgency ordinance through at the November 25 meeting, which did not pass. She felt running on a 3 member Council until June could be very detrimental to the City and felt there was a need for a full Council because of so many things happening in the City. She now feels the Council should appoint two individuals to fill the remaining terms of Bob Dutton and Paul Biane. She felt it would be better for the City to appoint people that can hit the ground running. MOTION: Moved by Williams to appoint Robert Howdyshell and Dr. Donald Kurth to fill the unexpired terms of Paul Biane and Bob Dutton. Councilmember Gutierrez stated he has listened to a lot of people and stated he likes the idea of appointing these two individuals. He stated both of these gentlemen on are on the eastern half of the City where most of the growth is now occurring. He felt they would be able to represent the residents on the eastern portion of the City. He stated for that reason, and many others, he supports that idea and seconds the motion. Mayor Alexander stated he respects the people that have been suggested, but that the community has never had the opportunity to see their names on the ballot for a City Council election. He stated as good as these two individuals are, he stated he still believes in the process of election. Motion carried 2-1 (Alexander voted no). J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. City Council Minutes December 4, 2002 Page 11 K. COMMUNICATIONS FROM THE PUBLIC K1. Gary Kendrick welcomed Rex Gutierrez back to the City Council. He felt it was wrong to appoint two people that have not run in a previous election. He felt it was time to restructure the Council. He didn't agree with this decision and stated it will now create a vacancy on the CCWD Board by appointing Dr. Kurth. K2. Douglas Pure felt this was a travesty and did not agree with what the Council just did. K3. Melanie Ingram, Rosebud Street, felt this was an auspicious beginning for the Council. She stated she and a lot of people have done a lot of legal research putting together an Ordinance for the Council to consider for a special election in June. She stated she is very disappointed what the Council just did. Mayor Alexander asked how these two names came up and were suggested. Councilmember Williams stated she thought about this and talked to several people. She stated she felt these two individuals would help and be good for the City. K4. John Lyons felt this was a backroom deal. He felt the public should have been given the right to speak. He felt the whole City Council should give the public the right to speak. Councilmember Gutierrez stated he was in favor of this decision because he felt it was for the good of the City. K5. Ron Stark stated the political process is what it is. He stated he is putting his faith in the two people that were voted in. K6. Mark Voss stated he read the newspaper article today about Rex Gutierrez and felt it was a felony. He felt an election should have taken place to fill the vacancy. K7. Jim Frost commented on what has historically happened in the City when there is a vacancy. He stated he respects the management of the Council. He felt people need to respect the outcome of this decision. KS. Leslie Grimes stated there is a process to vote people in and that the Council has denied them of this. She stated she does not like appointments. She felt if an appointment had to be made, it si~ould have been the people with the next highest votes from the November 5 election. She felt the people of the City did not get the right to vote in this decision. L. ADJOURNMENT MOTION: Moved by Williams, seconded by Gutierrez to adjourn. Motion carried unanimously 3-0. The meeting adjourned at 9:18 p.m. Respectfully submitted, Approved: January 15, 2003