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Home My WebLink About2005/10/19 - Minutes . . . October 19, 2005 CITY OF RANCHO CUCAMONGA CITY COUNCIL CLOSED SESSION MINUTES A. CALL TO ORDER The Rancho Cucamonga City Council held a closed session on Wednesday, October 19, 2005, in the Tapia Room of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:30 p.m. by Mayor William J. Alexander. Present were Councilmembers: Rex Gutierrez, L. Dennis Michael, Sam Spagnolo, Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Joe O'Neil, City Engineer; and Kevin McArdle, Community Services Director. ****** II B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) II B1. CONFERENCE WITH LEGAL COUNSEL REGARDING POTENTIAL LITIGATION, PER GOVERNMENT CODE SECTION 54956.9(a), CITY OF RANCHO CUCAMONGA V. DOUGLAS E. BARNHART - CITY B2. CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION (CLAIM FILED SEPTEMBER 22, 2005), PER GOVERNMENT CODE SECTION 54956.9, CITY OF RANCHO CUCAMONGA V. AMERICAN LANDSCAPE - CITY B3. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF BASE LINE ROAD AT THE 1-15 FREEWAY, JOE O'NEIL, CITY ENGINEER, NEGOTIATING PARTY - CITY ****** C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) No communication was made on the closed session items. 1< 1< 1< 1< 1< 1< D. CONDUCT OF CLOSED SESSION The closed session began at 5:35 p.m. 1< 1< 1< 1< 1< * E. CITY MANAGER ANNOUNCEMENTS AND REpORTS ****** City Council Minutes October 19, 2005 Page 2 . F. RECESS The closed session recessed at 6:15 p.m. with no action taken. ****** CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meetinq II A. CALL TO ORDER II A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, October t 9, 2005, 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 7:19 p.m. Present were Councilmembers: Rex Gutierrez, L. Dennis Michael, Sam Spagnolo, Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; Pamela Easter, Deputy City Manager: James Markman, City Attorney; Linda D. Daniels, Redevelopment Director; James C. Frost, City Treasurer; Larry Temple, Administrative Services Director: George Rivera, Administrative Services Manager: Shelly Munson, Information Systems Specialist; Dawn Haddon, Purchasing Manager; Jon Gillespie, Traffic Engineer; Dan . Coleman, Acting City Planner; Kevin McArdle, Community Services Director: Nettie Nielson, Community Services Superintendent; Jennifer Hunt, Community Services Coordinator; Paula Pachon, Management Analyst III; Lieutenant Scott Mesa, Rancho Cucamonga Police Department; Chief Peter Bryan, Rancho Cucamonga Fire Protection District; Kimberly Thomas, Management Analyst III; Fabian Villenas, Management Analyst II; Shirr'l Griffin, Office Specialist II - City Clerk's Office; and Debra J. Adams, City Clerk. * * * * * * II B. ANNOUNCEMENTS/PRESENTA TIONS II B1. Presentation of a Proclamation in honor of "We Tip" Founder, Bill Brownell, for his years of service to our community. The Mayor and City Council presented the Proclamation to Miriam Brownell and Susan Aguilar. Proclamations were also given to others that were associated with the We Tip Family and members of their Board. B2. Presentation of a Proclamation declaring October as the House of Ruth "National Domestic Violence Awareness Month." The Mayor and City Council presented the Proclamation to Sharon McGarth-Gold, Director of Finance. B3. Recognition of Target Stores and Rancho Cucamonga Store Manager David Parker for their donation to the summer Concerts in the Park Series. . Jennifer Hunt, Community Services Supervisor, assisted the City Council with the presentation to David Parker, Target Store Manager, in thanking him for his support of all Community Services' programs. . . . City Council Minutes October 19, 2005 Page 3 B4. Presentation of Proclamations to Beth Pine and Rick Fontana in honor of being recognized as "2005 L.A. County Fair Community Heroes." The Mayor and City Council presented Proclamations to Beth Pine and Rick Fontana. 1< 1< "If 1< 1< 1< II C. PuBLIC COMMUNICATIONS C1. Ray Allard, a resident of Fontana and will soon live in Rancho Cucamonga, wanted to thank the City because the Fire Department helped save his step-daughter's. He thanked Paul Lenz, Rich Toll and Rick Snyder, who were the firemen that responded to help. He stated she has come out of the coma and has come through her heart surgery. C2. Tom Tuliius stated he has been asked by his neighbors to submit a petition for a traffic signal or stop sign at Day Creek and Carnelian Streets. He talked about ali of the development that has occurred in his neighborhood including schools in his area. He stated there is a lot of traffic on Day Creek and that there are always big trucks on this street. He stated at Day Creek and Vintage and also at Banyan there is a signal. He stated that at Keenland it is very hard to gain access onto Day Creek because of ali of the traffic. He stated the speed is also ignored on Day Creek. He asked that a signal or stop sign be instalied to slow down the traffic and control it. He had a petition that was submitted to the Council for their consideration to support his request. A copy was also distributed to Jon Gillespie, Traffic Engineer. C3. John Lyons, Etiwanda area, mentioned a squad going in at Archibald and 191h, and felt this is very important and would save lives and help people. He mentioned the 3-story apartment building under construction near the mall. He felt something should be done to finish this project. C4. George Bennet, Woods Development, stated behind his house there is a 3 Y2 acre vacant lot and stated the weeds have never been removed or taken care of. He stated last year the County never did anything to help resolve this matter. He stated recently a couple of guys cut the grass down, but did not complete the job. He stated he is afraid the brush will catch fire and cause problems to his home and others surrounding this. He asked that the City Council do something to help him get this lot cleared. Mayor Alexander asked that each Councilmember get copies of the photos. Mrs. Bennet stated on Silver Mountain Way nobody had ever enforced the street signs until their granddaughter recently parked there for five minutes. She stated their streets are very narrow. Mr. Bennet suggested that the signs be placed only on one side of the street. Mr. and Mrs. Bennet stated more streetlights are needed on some of the streets near their home also. Mrs. Bennet stated on Whispering Forest people are speeding and something needs to be done about that. She felt possibly the bushes need to be cut to make it safer. Mayor Alexander referred them to Mr. Gillespie, Traffic Engineer, to help with their concerns. Mr. Bennet talked about a sidewalk that is needed in that area as well. C5. Nicole Myerchin stated there are a lot of people in our thoughts, Dave Barry, Jim Moffit and Danny Lobo. She stated she would like to remove Consent Calendar item to from the agenda. She stated an animal got kilied that had a hold put on it at the animal shelter. She felt the County should not be above the law and felt the Police Department should enforce the law when the shelter staff breaks it. She also commented on the cat room and stated it was not being maintained properly. She didn't feel the City should be paying for care for Devore cats either. She thanked the Rancho Cucamonga Fire Department for what they did for her sister on September 30. She commented on the cell phone problems in getting through to emergency services. She stated that the Police should be equipped with the proper City Council Minutes October 19, 2005 Page 4 equipment to emergency scenes to take care of hurt victims. She brought up the holiday gift drive for seniors occurring this year and hoped everyone would help. She thanked the Fire Department for helping her sister and felt response time is very important and that she would be investigating this further. C6. Jim Moffit stated the animal shelter problem is getting out of control. He commented on the County not taking care of the animals like they should. He felt we need to get rid of the County as soon as possible. C7. A young man stated on Base Line there was brush removed to build Central Park, but wondered why the City has let it grow back. . Councilmember Michael stated his question would be looked into. C8. Matt Jones, Alta Loma, stated he has learned a lot in his classes about EMS. He stated Police around the Country are not trained in basic life support. He felt the City should take a leading step in this direction and do something about this. He commented on the County killing animals when they shouldn't be. He stated they are breaking their contract with the City and wondered why we are paying them if they are breaking the contract. * * * * II D. CONSENT CALENDAR II Dt. Approvai of Minutes: September 21, 2005 October 5, 2005 (special meeting) October 5, 2005 . D2. Approval of Warrants, Register Nos. 9/28/2005 through 10/11/2005 and Payroll ending 10/11/2005 for the total amount of $3,286,020.42. D3. Approve to receive and file current Investment Schedule as of September 30, 2005. D4. Approval to authorize the advertising of the "Notice Inviting Bids" for the "Annual Maintenance Agreement for City-wide Emergency and Routine Equipment Rental, pavement Repair, Shoulder Grading, and Debris Removal Renegotiable on a Year-to-Year Basis," in the amount of $120,000 funded from Acct. No. t 001316-5300. RESOLUTION NO. 05-294 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE ANNUAL MAINTENANCE AGREEMENT FOR CITYWIDE EMERGENCY AND ROUTINE EQUIPMENT RENTAL, PAVEMENT REPAIR, SHOULDER GRADING, AND DEBRIS REMOVAL RENEGOTIABLE ON A YEAR-TO-YEAR BASIS AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D5. Approval to appropriate $23,249.00 from the California Law Enforcement Equipment Program (CLEEP) Fund Balance into Account No. t 366702-5605 (Capital Outlay-Computer Equipment) and appropriate $12,773.00 from Law Enforcement Reserves into Account NO.1 001701-5605, and $3,978.00 into Account No. t001701-5152 (Computer Software) for a total of $40,000.00 to purchase the Avid Express Video Detective System (Produced by Ocean Systems). . City Council Minutes October 19, 2005 Page 5 . 06. Approval to appropriate $10,315.65 from the California Law Enforcement Equipment Program (CLEEP) Grant Fund Balance into Account No. 1366702-5605 (Capital Outlay-Computer Equipment) for the purchase of three (3) Digital Image Management Systems (DIMS) produced by Linear Systems. 07. Approval of specifications for janitorial services for Citywide facilities and authorize the City Clerk to advertise the request for proposals. RESOLUTION NO. 05-295 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING SPECIFICATIONS FOR JANITORIAL SERVICES FOR CITYWIDE FACILITIES AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE PROPOSALS 08. Consideration of a Public Convenience and Necessity - DRC2005-00808 - A-1 Auto Care - A request to determine a Public Convenience and Necessity for a Type 20 Off-Sale Beer and Wine License for a convenience store in the community commercial district, located at 9524 Foothill Blvd. - APN: 0208-151- 19. . RESOLUTION NO. 05-296 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE AND NECESSITY FOR A TYPE 20 OFF-SALE BEER AND WINE LICENSE FOR A CONVENIENCE STORE IN THE COMMUNITY COMMERCIAL DISTRICT, LOCATED AT 9524 FOOTHILL BOULEVARD - APN: 0208-151-19 09. Approval of the Parks, Recreation Facilities and Community Services Update. 010. Approval of amendments to the City's Salary Resolution (04-313A) to include the new classifications for the City's Animal Care and Services Program (04-313B). ITEM REMOVED FOR DISCUSSION BY NICOLE MYERCHIN. RESOLUTION NO. 04-313B A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 1 OF RESOLUTION NO. 04-313A TO INCLUDE NEW POSITIONS AND SALARY RANGES FOR THE ANIMAL CARE AND SERVICES DEPARTMENT Dt 1. Approval of a request from Valley Baseball Club, Inc. (dba: Quakes) for a Waiver of Rental Fees for use of the Epicenter Stadium on Wednesday, October 26, 2005, for a Season Ticket Holder World Series activity. 012. Approval to declare City-owned miscellaneous items and computer equipment as surplus and authorize the donation of one lot of computers to the Gapas Gabaldon Elementary School, Philippines, and the Etiwanda Historical Society. 013. Approval of Improvement Agreement, Improvement Securities, Map, Monumentation Cash Deposit, and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Light Maintenance District Nos. 1 and 2 for Parcel Map 16455. located on the northeast corner of Hermosa and Wilson Avenues, submitted by Iyad Haifa and Humberto Zarate. . City Council Minutes October 19, 2005 Page 6 RESOLUTION NO. 05-297 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA. APPROVING PARCEL MAP 16455. MONUMENTATION CASH DEPOSIT, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITIES FOR PUBLIC STREET IMPROVEMENTS . RESOLUTION NO. 05-298 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO.1 AND STREET LIGHT MAINTENANCE DISTRICT NOS. t AND 2 FOR PARCEL MAP 16455 D14. Approval of Map, Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No.9 and Street Lighting Maintenance District Nos. t and 8 for Tract No. 16716, located on the east side of Etiwanda Avenue between Etiwanda Intermediate School and Etiwanda Railway Station, submitted by Monte San Savino, LLC. RESOLUTION NO. 05-299 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 16716, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY RESOLUTION NO. 05-300 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 9 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 8 FOR TRACT NO. 16716 . 015. Approval to extend piggyback contract for the purchase of gasoline and diesel fuel with Poma Distributing of San Bernardino, for Fleet Maintenance, Sheriff's Department and Fire District in annual amounts not to exceed $192,000.00 from Fund 1001317-5255 (Fieet), $162,000.00 from Fund 1001317- 5256 (Fleet), $255,000.00 from Fund 1001701-5255 (Sheriff's Department), $40,000.00 from Fund 3281527-5255 (Fire District). and $80,000.00 from Fund 3281527-5256 (Fire District), and approval to award an additional 1 0% contingency (all funds). D16. Approval to utilize the services of Richards, Watson & Gershon for right-of-way acquisition services for the Base Line Road at 1-15 Freeway Interchange project, and appropriate $25,000 to Accl. No. 2660801-5650/1361660-6312 from Fund 660 (2004 Tax Allocation Bonds) Fund balance. D17. Approval to execute a contract with Office Depot Business Services to supply and deliver citywide miscellaneous office supplies based on U.S. Communities Contract No. 41421, Amendment No. 10. D18. Approval of Improvement Agreement Extension for PM 16180, located at the southeast corner of Banyan Street and Greenwood Place, submitted by Jim Kelm. . City Council Minutes October 19, 2005 Page 7 . RESOLUTION NO. 05-301 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR PM 16180 D19. Approval of final Map for Tract 16311, located at the southeast corner of Hellman Avenue and 61h Street, submitted by Crestwood Corporation. RESOLUTION NO. 05-302 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING FINAL MAP FOR TRACT 16311 D20. Approval to release the Maintenance Guarantee Bond for Tract 14495, located on the southwest corner of Day Creek Boulevard and Wilson Avenue, submitted by MBK Homes, Ltd. D21. Approval to release the Maintenance Guarantee Bond for Tract 14523, located on the west side of Day Creek Boulevard between Banyan Street and Wilson Avenue, submitted by MBK Homes, Ltd. D22. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for improvements for Tract 16431, located on the east side of the Alta Loma Flood Channel, south side of Lemon Avenue, submitted by Cucamonga Ventures, LLC. . RESOLUTION NO. 05-303 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16431 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Williams, seconded by Gutierrez to approve the staff recommendations in the staff reports contained within the Consent Calendar with the exception of item D10. Motion carried unanimously 5-0. Item 10. Approval of amendments to the City's Salary Resolution (04-313A) to include the new classifications for the City's Animal Care and Services Program (04-3138). A Staff report was presented by Pam Easter, Deputy City Manager. Mayor Alexander felt it was too bad we disbanded the subcommittee that could have handled this instead of having to get the whole Council involved with this issue. He wanted to discuss bringing this matter back to the Council at the next meeting to re-establish the City Council Animal Shelter Ad Hoc Subcommittee which would report back to the full City Council as needed. He felt we have set the salaries too high on this. Pam Easter, Deputy City Manager, stated several of the positions on here are to add value and help build the City's animal program. Councilmember Michael asked for Mr. Newton, the consultant, to provide information how he came up with these salary ranges. . Mr. Newton provided additional information about the positions. City Council Minutes October 19, 2005 Page 8 Jack Lam, City Manager, stated they are not hiring any of these positions at this point. He stated this is to be ready for when they are ready to hire, but would not happen until the service levels have been identified by the Council. . Counciimember Spagnolo asked if there are job descriptions with each of the job titles and asked why they weren't included in the packet. Mr. Newton stated normally these wouldn't be finalized until the service levels have been identified. Jack Lam, City Manager, stated the City Council does not approve job descriptions but would be happy to provide the Council with copies of them. Councilmember Williams felt staff is doing a great job with developing these. She stated you can't always count on volunteers to do the work because we don't have a "ball and chain" on them. She felt there needed to be a proper core trained staff and then add volunteers to fill in where they can. Mayor Alexander stated he is not directing this toward Nathan Winograd, but stated he has problems with the process. Nicole Myerchin felt the public should be able to give input on this. She wanted to make sure there is fiscal responsibility with this. She hoped that five years down the road we don't say we can't afford the salaries that have been set. She really wished we could have a vet on staff as opposed to the 2 vet techs. She stated if the salaries were reduced, we could afford a vet with that money. She asked the Council to make a good judgment decision. Councilmember Williams stated she has toured several animal facilities, and a part time vet is $100,000. . She stated this is a goal to shoot for the future, but added we are just getting started right now. Jack Lam, City Manager, didn't think these salaries were inflated and that they are comparable to the market place. He asked that the Council approve these tonight and added the positions will not be hired right away. Councilmember Michael stated the County salaries are not important to him, but that his goal is that we have a first class operation and good quality staff working there. He felt for tonight we need to move forward with this. MOTION: Moved by Williams, seconded by Gutierrez to approve item D10. Motion carried 4-1 (Alexander voted no). ****** II E. CONSENT ORDINANCES I] No Items Submitted. * .. * * * .. II F. ADVERTISED PuBLIC HEARINGS II F1. CONSIDERATION OF DEVELOPMENT CODE AMENDMENT DRC2005-00437 - A request to . amend the regulations for second dwelling units for consistency with changes in State Law. A staff report was presented by Dan Coleman, Acting City Planner. City Council Minutes October 19, 2005 Page 9 . Councilmember Williams stated this requirement is a result of some of our legislators not ever being involved with local government. She stated she is very concerned about this and that we should keep paying close attention to what the state is doing. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. Debra J. Adams, City Clerk, read the titie of Ordinance No. 748. ORDINANCE NO. 748 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REVISING REGULATIONS APPLICABLE TO SECOND DWELLING UNITS IN CONFORMANCE WITH STATE LAW, AND AMENDING TITLE 17 (THE DEVELOPMENT CODE) OF THE RANCHO CUCAMONGA MUNICIPAL CODE MOTION: Moved by Gutierrez, seconded by Michael to waive full reading and set second reading of Ordinance Nos. 748 for the November 2, 2005 meeting. Motion carried unanimously 5-0. F2. CONSIDERATION OF DEVELOPMENT CODE AMENDMENT DRC2005-00639 - A request to amend the regulations for granting of density bonuses and related incentives for consistency with changes in State Law made by Senate Bill 1818. No staff report was given. . Debra J. Adams, City Clerk, read the title of Ordinance No. 749. ORDINANCE NO. 749 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REViSING REGULATIONS APPLICABLE TO THE GRANTING OF DENSITY BONUSES AND RELATED INCENTIVES, AND AMENDING TITLE 17 (THE DEVELOPMENT CODE) OF THE RANCHO CUCAMONGA MUNICIPAL CODE MOTiON: Moved by Gutierrez, seconded by Michael to waive fuli reading and set second reading of Ordinance No. 749 for the November 2,2005 meeting. Motion carried unanimously 5-0. ****** II G. PuBLIC HEARINGS ~I G1. CONSIDERATION OF AN ORDINANCE THAT ADOPTS BY REFERENCE ANIMAL REGULATIONS OF THE COUNTY OF SAN BERNARDINO AND AMENDS TITLE 6 OF THE RANCHO CUCAMONGA MUNICIPAL CODE A staff report was presented by Pamela Easter, Deputy City Manager. . Jim Markman. City Attorney, stated this is an interim approach and that his office is working on an Ordinance for the Council's consideration once the City takes over the shelter. Mayor Alexander opened the meeting for public input. Addressing the City Council was: City Council Minutes October 19, 2005 Page 10 Nicole Myerchin stated once again there should be public meetings and that the public has not had the opportunity to read or discuss this. She asked the Council to use extreme caution and stated this sounds scary to her. . Jim Markman, City Attorney, stated this is very basic and that he and his staff have gone through this to make sure it is acceptable for the time being. There being no further input, public comments were closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 750. ORDINANCE NO. 750 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING ANIMAL REGULATIONS OF THE COUNTY OF SAN BERNARDINO BY REFERENCE, AND AMENDING TITLE 6 OF THE RANCHO CUCAMONGA MUNICIPAL CODE MOTION: Moved by Williams, seconded by Gutierrez to waive full reading and set 20d reading for the November t 6, 2005 meeting and also set the public hearing for that date. Motion carried unanimously 5- O. .. * * .. * .. H. CITY MANAGER'S STAFF REpORTS . Ht. APPROVAL OF FACILITY USE PRIORITY POLICY AND USER FEES FOR THE VICTORIA GARDENS CULTURAL CENTER A staff report was presented by Nettie Nielsen, Community Services Superintendent. Councilmember Michael stated he would question why we would not charge the Water District or the County for the use of the facility, but would charge a school. Kevin McArdle, Community Services Director, stated several years ago the schools were not charged, but a couple years ago this changed since they have their own facilities for most of their functions, but were coming to the City to use our facilities for their events instead of their own. He stated this is when it was decided to charge them the non-profit rate. He stated this is an encouragement to get the school districts to enter into joint use agreements also that would override this. Mayor Alexander opened the meeting for public comments. There being no response, public comments were closed. MOTION: Moved by Williams, seconded by Spagnolo to approve staff's recommendation. Motion carried unanimously 5-0. * .. .. * .. * . City Council Minutes October 19, 2005 Page 11 . II I. COUNCIL BUSINESS II 11. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Councilmember Michael stated our City family has had its trials over the last couple weeks and commented on the loss of Deputy Danny Lobo. He stated it was a great memorial service. Councilmember Williams stated the service was very personal, yet very dignified. She stated the Fire Department open house was a huge success. She stated all the Girl Scouts now have a bridge to cross over at Central Park. Councilmember Gutierrez added his condolences to Deputy Lobo's family and stated his daughter got a lot of support from the students. He stated our prayers also go out to Captain Ortiz due to his family crisis. He mentioned the man from the last meeting that had the problem with blowing dust, and that we should look at this in the future to make sure there is water at a project site. He stated if there isn't, the developer should be fined monetarily. He felt we should look at noise problems and enforce our codes. He stated nuisance should not occur. He stated the issue on Day Creek that was brought up earlier was something to consider. He stated heavy trucks should not be brought into residential neighborhood areas. He stated the Grape Harvest was a lot of fun, and that he also went to the fire station open house. . Councilmember Spagnolo stated this past week we experienced the loss of a Deputy for a total of two deputies over the iast year. He stated they were both dedicated men and died in traffic accidents. He stated people need to slow down when they drive, and to remember to pull over when they hear sirens or see emergency vehicies with flashing lights. He felt people need to pay attention when they drive and should drive defensively. He stated courtesy on the road is very important. Mayor Alexander stated he would like to place on the next agenda the consideration of re-establishing the animal control ad hoc subcommittee as opposed to these types issues being discussed by the full Council. 12. CONSIDERATION OF AGENDA PLACEMENT FOR COUNCIL ANNOUNCEMENTS Councilmember Gutierrez stated this has been discussed in other sessions and felt the Council comment portion should occur earlier in the meeting and not at the end of the meeting. He stated sometimes there are issues they would like to respond to and that this should occur earlier in the meeting so people don't tune out if the meetings go too long. He also felt they should be allowed to speak for five minutes instead of three minutes. Councilmember Spagnolo stated his only suggestion is for the staff and Council to research what people are bringing up and then a report come back to the Council at the next meeting whatever information is found. Councilmember Michael stated if someone knows that comments are not true a Councilmember has always been able to comment at that moment. He stated the reason Council Comments was moved to the end of the meeting was to do City business first and then allow the City Council to speak. Mayor Alexander stated he didn't really feel Council Comments was needed on the agenda at all, that it is just an opportunity for the Council to toot their own horn. . Councilmember Gutierrez commented that presentations are taking up a long amount of time during a meeting. He stated this issue was not brought up for a chance to allow the people that watch the meetings to hear answers to some of the things that are brought up. He felt it should be done earlier in the meeting. He stated in the past, there have been Councilmembers that were put on trial, so to speak, and should have been defended. This is why he felt this should be moved forward on the agenda. City Council Minutes October 19, 2005 Page t 2 Councilmember Williams stated this is a City meeting run by the City, but didn't care if this is in the front or the back of the agenda. Councilmember Michael asked Mayor Alexander how he felt if a Councilmember defends himself after someone criticizes or attacks him. Councilmember Gutierrez felt if someone is making attacking comments, the Mayor should address that person about their comments. ACTION: No action taken * * * * * * II J. ADJOURNMENT MOTION: Moved by Gutierrez, seconded by Michael to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 9:37 p.m. ~e()e~tfUIlY (ubmitted, ~~ City Clerk Approved: November 2, 2005 . II . .