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HomeMy WebLinkAbout2005/10/05 - Minutes October 5, 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 5, 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; and Kevin McArdle, Community Services Director. * * * * .. * B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) 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 * * * * * * C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) No communication was made on the closed session items. * 1< 1< * * * II D. CONDUCT OF CLOSED SESSION II The closed session began at 5:35 p.m. ****** E. CITY MANAGER ANNOUNCEMENTS AND REpORTS * 1< * * * * II F. RECESS II The closed session recessed at 6:45 p.m. with no action taken. ****** City Council Minutes October 5, 2005 Page 2 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 5, 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 7:00 p.m. with Boy Scout Troop 655 posting the colors and leading the flag salute. Three of the Troop members were recognized for recently receiving their Eagle Scout rank. Present were Councilmembers: Rex Gutierrez, L. Dennis Michael, Sam Spagnolo, Diane Williams (arrived at 7:05 p.m.) and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Linda D. Daniels, Redevelopment Director; Larry Temple, Administrative Services Director; Sam Davis, Sr. Information Systems Specialist; Sid Siphomsay, Information Systems Analyst; Jon Gillespie, Traffic Engineer; Dan Coleman, Acting City Planner; Trang Huynh, Building Official; Kevin McArdle, Community Services Director; Dave Moore, Community Services Superintendent; Nettie Nielsen, Community Services Superintendent; Francie Palmer, Marketing Manager; Paula Pachon, Management Analyst III; Deborah Clark, Library Director; Lieutenant Jack Phillips, Rancho Cucamonga Police Department; Fire Chief Peter Bryan and Fire Prevention Specialist Kelley Larson, Rancho Cucamonga Fire Protection District; Kimberly Thomas, Management Analyst III; Kathy Scott, Deputy City Clerk; Shirr'l Griffin, Office Specialist II - City Clerk's Office; and Debra J. Adams, City Clerk. * * * * * * II B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of a Proclamation in recognition and support of California Arts Day, October 7,2005. The Mayor and City Council, with the assistance of Nettie Nielsen, Community Services Superintendent, presented the Proclamation to Susan Rice, Executive Director for the Arts Council of San Bernardino County. B2. Presentation of a Proclamation in recognition of "Fire Prevention Week," October 9-15,2005. The Mayor and City Council presented the Proclamation to Fire Prevention Specialist Kelley Larson and Fire Chief Peter Bryan. Kelley Larson, Fire Prevention Specialist, informed everyone about the open house scheduled for Saturday, October 15th at Station 4 located at the corner of Jersey and Milliken. Chief Bryan stated there will be a special presentation made at the open house to various fire personnel. B3. Presentation of a Proclamation to the Catholic Daughters of the Americas in recognition of "National Catholic Daughters of the Americas Day." The Mayor and City Council presented the Proclamation to Louise Wilkerson, Past-Regent of the Court of Fatima, and Chair of National Catholic Daughters of the Americas Day. City Council Minutes October 5, 2005 Page 3 B4. Update on previous concerns addressing an animal cruelty case and announcement of upcoming community meetings. Kimberly Thomas, Management Analyst III, commented on Murphy, the dog that was injured in his eyes through animal cruelty. She stated staff is working with the County to investigate this matter. She also talked about the community meeting to take place on Tuesday, October 11 from 12:00 Noon to 2:00 p.m. and from 5:00 p.m. to 7:00 p.m. at Central Park. * * * * * * II C. PUBLIC COMMUNICATIONS II C1. Peter Bon stated he is present to talk about the grading taking place above Day Creek and Etiwanda Avenue at the base of the mountain and added he lives just below this. He stated this includes about 1000 acres or 610 lots. He stated the project has been graded and dirt is flying everywhere. He stated the developer has no water meter and no water on the job since he has completed his grading work. He stated the City gave a permit to the developer, but told him that this is the responsibility of AQMD and that this is a civil matter. He stated after the next windy day he will file a class action lawsuit if the City does not do something to help them. He stated there are a lot of homeowners that are angry and felt the City should do something to help them. He stated he is informing the Council they need to do something about this and very quickly and wants to be on record about this. C2. Alan Hosteter wanted to discuss the closure of Highland Avenue, and stated the City has allowed this issue to die. He stated this road has been closed for almost five years. He stated this road is dead and did not think it should be brought back to life by opening it back up. He stated people view this stretch of road as dead like "old Frankenstein." He commented on the previous meeting held with Councilmember Gutierrez and felt there was a chance this road might be brought back to life. He stated the Council can have he best of both worlds by designing a road that will keep traffic out and emergency vehicles allowed to come in to protect the neighborhood. C3. Janetta Harris stated when this street was closed about five years ago she wondered why it had occurred. She stated she realized once it was closed she did not hear the traffic and the trash problem was eliminated from collecting behind her house. She stated she is for the closure and enjoys the peace, quiet and safety of her family because of this closure. C4. Robin Blayhut, President of the Etiwanda Excellence in Education Foundation and also a teacher with the Etiwanda School District, stated there were also two board members from the school district with her. She stated they wanted to talk about the E-3 Foundation (as they refer to their organization) which helps promote programs for the students, even when State funds are limited to them. She stated they will have a fundraiser for the E-3 Foundation at the Filipppi Winery on November 15 at 5:00 p.m. to collect funds for books for kids. She thanked the Council for their time. C5. Jeff Nightlinger, San Mateo Place, stated he is opposed to the possible reopening of Highland. He asked the Council when they are reviewing reports on this that they do not reopen Highland. C6. Claire Puno from Color me Mine was present to talk about their program. She stated they will be at Victoria Gardens doing painting with the children and presented the Council with coasters they had made for them. She stated they promote arts and literacy. C7. A group of men stated they are from the Islamic Center. He stated on September 23,2005 there will be a special prayer ceremony for neighbors of the Gulf States. He stated they would like to present a check in the amount of $2,000 for the victims of the hurricanes that is for the American Red Cross. City Council Minutes October 5, 2005 Page 4 C8. Eric Noreen of the Rancho Cucamonga Firefighters Association wanted to let the Council know of their need for additional personnel and equipment so they can do their job of serving the people. He felt the Chief was searching for the appropriate funding to pay for these things and asked the Council to help find the funding. C9. A man from 19th Street and San Benito asked that Highland be kept closed. He stated he loves the community and its peacefulness and wanted to keep it that way. C10. Alan Ansara, 19th Street and Haven area, stated he supported the efforts of Alan Hostetter and his neighbors. He stated there is no way he wants Highland reopened. C11. John Lyons, Etiwanda area of the City, stated his heart and prayers go out to Nicole Myerchin, animal activist, for her loss. He wanted to talk about the new fire station on Day Creek and Base Line. He gave a little history about this station and how it came about. He stated he ran a campaign to keep Highland open, and in exchange for that, he got the auxiliary lane on the 210 Freeway. He pointed out this street is the only way people can travel along the freeway east and west. He felt it was important to reopen it for emergency purposes. C12. Bill McCliman stated he is frustrated that some of the Councilmembers ignore those people that are speaking. He stated on Saturday there was a riot situation on the soccer field and he spoke to the Police Department about this. He felt there should be some funds earmarked for foot patrol at the park by the Police Department. He stated the $377,000 to be given to the County for the transition could be used for better patrol at the park. He stated we need more police officers in the City. He asked the Council when the strategic plan would come back at a meeting and how will it be paid for. Mayor Alexander asked him to talk to Chief Bryan to find out how the strategic plan will be paid for. He stated his heart goes out to Nicole Myerchin as well. C13. Jeff Noel stated he is against the reopening of Highland. He felt if the streets were reopened, his neighborhood would be an island and would create more problems. He asked that this remain closed. C14. Elizabeth Rynear, San Benito, felt Highland should remain closed because if it is reopened it would create more traffic problems. She stated this is really a safety issue. 1< 1r 1o." * ." II D. CONSENT CALENDAR II Jack Lam, City Manager stated item D19 has an amended agreement that has been distributed to the Council for their consideration. D1. Approval of Minutes: September 7, 2005 September 20, 2005 (Special Meeting) D2. Approval of Warrants, Register September 14 through September 27, 2005, and Payroll ending September 27, 2005 for the total amount of $8,152,260.33. D3. Approval of a Resolution in support of the Freedom's Flame Memorial and approval of Central Park as the location of the West Coast Memorial. RESOLUTION NO. 05-279 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DESIGNATING CENTRAL PARK AS THE FUTURE LOCATION FOR THE FREEDOM'S FLAME MEMORIAL City Council Minutes October 5, 2005 Page 5 D4. Approval of plans and specifications for roof repairs to the Rancho Cucamonga Animal Shelter in the amount of $10,000 funded from Acct. No. 1025001-5602 (Capital Reserve), and authorize the advertising of the "Notice Inviting Bids" as approved in the FY 05106 budget. RESOLUTION NO. 05-280 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR ROOF REPAIRS TO THE RANCHO CUCAMONGA ANIMAL SHELTER AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D5. Approval for the purchase of one (1) graffiti removal vehicle from Dispensing Technology Corporation in the amount of $100,673.60 and authorization to appropriate $83,673.60 into Acct. Nos. 1244-302-5604 (Capital Outlay Vehicles) and 1244-000-4740 (Grant Income) in the Code Enforcement Grant Program Fund and $17,000.00 into Acct. No. 1001-316-5604 (Capital Outlay-Vehicles). D6. Approval of the Annexation to Landscape Maintenance District Nos. 1 and Street Lighting Maintenance District Nos. 1 and 2 for 8198 Avenida Vejar located on the north side of Avenida Vejar east of Grove Avenue, submitted by Dario and Socorro Luna. RESOLUTION NO. 05-281 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 LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR 8198 AVENIDA VEJAR (APN: 0207-161-09) D7. Approval of the Annexation to Landscape Maintenance District Nos. 1 and Street Lighting Maintenance District Nos. 1 and 2 for 10117 26th Street, located on the south side of 26th Street, east of Hermosa Avenue, submitted by John and Monica Padilla. RESOLUTION NO. 05-282 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 LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR 10117 26TH STREET (APN: 0209-101-02) D8. Approval of Drainage Reimbursements for the Etiwanda Area Master Plan for FY 200412005 and appropriation of $132,478.00 to Acct. No. 1116303-5650/1026116-0. D9. Approval of Drainage Reimbursements for the General City Area Master Plan and SAN BAG Contract No. 03-036 for FY 2004/2005 and appropriation of $42,950.00 to Accl. No. 1112303-5650/1026112-0. D10. Approval of Improvement Agreement and Improvement Security for Public Street Improvements and Ordering the Annexation to landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for Development Review Project DRC2003-01174, located on the north side of Jersey Boulevard east of White Oak Avenue and west of Milliken Avenue, submitted by HD Rancho Cucamonga Associates, L.P. RESOLUTION NO. 05-283 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DEVELOPMENT REVIEW PROJECT DRC2003-01174 City Council Minutes October 5, 2005 Page 6 RESOLUTION NO. 05-284 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DRC2003-01174 D11. Approval of Map, Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for DRC2004-00428, located on the south side of 8th Street, east of Hellman Avenue, submitted by Oakmont Rancho 8th Street, LLC. RESOLUTION NO. 05-285 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DRC2004-00428 RESOLUTION NO. 05-286 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DRC2004-00428 . D12. Approval of Map, Improvement Agreement, Improvement Security and Ordering the Annexation to landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for Tract 16644, located on the west side of Beryl Street between Cielito and Mignonette, submitted by Rancho Montecito Holdings, LLC. RESOLUTION NO. 05-287 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 16644, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY RESOLUTION NO. 05-288 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 LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR TRACT 16644 D13. Approval of the bids received and award and authorize the execution of the contract in the amount of $235,100.00 to the apparent low bidder, All American Asphalt (CO 05-091), and authorize the expenditure of a 10% contingency in the amount of $23,510.00 for the Base Line Road Pavement Rehabilitation from Hermosa Avenue to Valencia Avenue, to be funded from Measure "I" funds, Acct. No. 11763035650/1469176-0 and appropriate $5,000.00 to supplement construction survey and soils/materials testing to Acct. No. 11763035650/1469176-0 from Measure "I" fund balance. City Council Minutes October 5, 2005 Page 7 D14. Approval of an Agreement with Joan Branin, Ph.D. and Harriet Aronow, Ph.D (CO 05-092) to conduct a Senior Transportation Needs Assessment and approval to appropriate and authorize funding for the study in the amount of $18,200, to be funded from Acct. No. 1250401-5300i5005180-1640. D 15. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $345,086.00 to the apparent low bidder, R.J. Nob/e Company (CO 05-093), and authorize the expenditure of a 10% contingency in the amount of $34,508.60 for the Archibald Avenue Pavement Rehabilitation from Base Line Road to 19th Street, to be funded from Transportation funds, Acct. No. 11243035650/1371124-0 and appropriate $400,000.00 (contract award of $345,086.00 plus 10% contingency in the amount of $34,508.60, plus construction survey and soils/materials testing in the amount of $20,405.40) to Acct. No. 11243035650/1371124-0 from Transportation fund baiance. D16. Approval of a License Agreement between the City of Rancho Cucamonga and the San Bernardino Associated Governments (SANBAG) (CO 05-094) for the underground crossing of 48" RCP storm drain and iaterals, located in Haven Avenue easterly of Dakota Avenue in the City of Rancho Cucamonga on the Baldwin Park Branch at Mile Post 523.91. RESOLUTION NO. 05-289 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND SAN BERNARDINO ASSOCIATED GOVERNMENTS (SAN BAG) FOR THE UNDERGROUND CROSSING OF 48" RCP STORM DRAIN AND LATERALS, LOCATED IN HAVEN AVENUE EASTERLY OF DAKOTA AVENUE IN THE CITY OF RANCHO CUCAMONGA ON THE BALDWIN PARK BRANCH AT MILE POST 523.91 D17. Approval of Improvement Agreement Extension for Tract 16335, iocated on the east side of East Avenue, north of Base Line Road, submitted by KB Home Greater Los Angeles, Inc. RESOLUTION NO. 05-290 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16335 D18. Approval of Improvement Agreement Extension for Tract 16421, located on the south side of Wilson Avenue between Hermosa Avenue and Mayberry Street, submitted by Shone and Sherry Wang. RESOLUTION NO. 05-291 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16421 D19. Approval to accept the Rancho Cucamonga Central Park Landscape and Irrigation Project from American Landscape Companies, as complete, authorize the filing of a Notice of Completion, release the Faithful Performance Bond and accept the Maintenance Bond; and authorization to negotiate an agreement settlement to close the contract. AMENDED CONTRACT DISTRIBUTED. City Council Minutes October 5, 2005 Page 8 RESOLUTION NO. 05-292 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE RANCHO CUCAMONGA CENTRAL PARK LANDSCAPE AND IRRIGATION PROJECT, 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 including the correction to item D19. Motion carried unanimously 5-0 11 * 11 11 11 11 II E. CONSENT ORDINANCES II No Items Submitted. 11 1r 11 11 11 11 F. ADVERTISED PUBLIC HEARINGS F1. CONSIDERATION OF APPEAL OF PLANNING COMMISSION DECISION AMENDING THE CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT 94-01 AND ENTERTAINMENT PERMIT 91-03 FOR MARGARITA BEACH. LOCATED AT 9950 FOOTHILL BOULEVARD APN: 1077- 621-34 (CONTINUED BY THE CITY COUNCIL TO NOVEMBER 2, 2005, IN ORDER TO ALLOW THE APPELLANT TO PREPARE.) Jack Lam, City Manager, stated this was requested to be continued at the iast meeting and the City Council voted to continue this item to the November 2, 2005 meeting. He stated this is on the agenda because it had already been advertised. * * 11 11 11 * G. PUBLIC HEARINGS No items submitted. * 11 11 11 11 1r H. CITY MANAGER'S STAFF REpORTS H1. CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA CONDITIONALLY AUTHORIZING THE ASSIGNMENT OF A CABLE TELEVISION FRANCHISE (CO 05-095) BY ADELPHIA CABLEVISION OF INLAND EMPIRE. LLC TO TIME WARNER NY CABLE LLC. AN INDIRECT SUBSIDIARY OF TIME WARNER CABLE City Council Minutes October 5, 2005 Page 9 A staff report was presented by Kimberly Thomas, Management Analyst III, and Bill Riddell, an attorney with Richards, Watson & Gershon. Christy Hennessey of Time Warner Cable also presented information about this matter. She stated customers are very important and they want to provide excellent service to them. She commented on all of fhe services they offer to their cusfomers. She stated they will be assuming the franchise and that it has been a pleasure working with staff. RESOLUTION NO. 05-293 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONDITIONALLY AUTHORIZING THE ASSIGNMENT OF A CABLE TELEVISION FRANCHISE BY ADELPHIA CABLEVISION OF INLAND EMPIRE, LLC, TO TIME WARNER NY CABLE LLC, AN INDIRECT SUBSIDIARY OF TIME WARNER CABLE, INC. MOTION: Moved by Michael, seconded by Spagnolo to approve Resolution No. 05-293. Motion carried unanimously 5-0. H2. APPROVAL OF VOTING RECOMMENDATIONS FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL LEAGUE CONFERENCE RESOLUTIONS A staff report was presented by Kimberly Thomas, Management Analyst III. Mayor Alexander stated at the conference there might be debate and other information that is presented that may change the voting delegate's mind when going to vote and felt they should have that flexibility. Council member Williams stated if something comes up to change their mind on a vote, they would vote in the best interest of the City, but that they are asking for the City Council to give them latitude to change any vote if necessary. Mayor Alexander stated he would agree with that. MOTION: Moved by Alexander, seconded by Gutierrez to approve the voting recommendations of the League, but to also use judgment when voting to consider the best interest of the City when voting. Motion carried unanimously 5-0. * * * * * ",. II I. COUNCIL BUSINESS II 11. DISCUSSION on RECOMMENDATION TO VOTING DELEGATE POSITION FOR THE PROSPECTIVE ACTION BY THE LEAGUE OF CALIFORNIA CITIES GENERAL ASSEMBLY DISCUSSION AT ITS ANNUAL CONFERENCE CONCERNING THE LEAGUE'S POSITION ON "PROPOSITION 76 - STATE SPENDING AND SCHOOL FUNDING LIMITS" (ALSO KNOWN AS THE "LIVE WITHIN OUR MEANS" MEASURE) A report was presented by Council member Williams. Council member Spagnolo stated he can understand the League going neutral. He stated he is against this personally but will support the neutral position. Councilmember Gutierrez stated he supports this position as well. City Council Minutes October 5, 2005 . Page 10 Mayor Alexander stated he does not agree with what has been said. He does not personally feel this should be a neutral issue. Councilmember Michael stated he felt neutral was probably the best place for the City to be, and when people are voting at the polls in November, they can vote their conscience. MOTION: Moved by Gutierrez, seconded by Spagnolo to support the neutral vote of the League regarding Proposition 76. Motion carried 4-1 (Alexander voted no). 12. LEGISLATIVE UPDATE (Oral Report) No information was presented at this time. 13. CONSIDERATION OF LIBRARY SUBCOMMITTEE'S RECOMMENDATIONS FOR APPOINTEES TO THE LIBRARY FOUNDATION BOARD A staff report was presented by Deborah Clark, Library Director. MOTION: Moved by Alexander, seconded by Michael to approve the appointments of Paul Williams, Stephani Carrasco and Gilda Silver. Motion carried unanimously 5-0. 14. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Council member Michael encouraged everyone to be fire safe and to especially watch candles. He told people to check their smoke detectors as well. He hoped staff would check into the grading problem previously mentioned under public comments. Jack Lam, City Manager, stated they would be checking into this. Councilmember Michael also commended the fire fighters on the new fire station on Day Creek. Councllmember Spagnolo stated everything is being done to implement fhe strategic plan, and added that these things take time but progress is being made. He stated they are looking for funding sources for this. He stated the fire open house is a great event and encouraged everyone to attend. Councilmember Gutierrez stated he is excited about the new Cultural Center and Library, and felt the mall is doing really well. He stated he had another call about blowing dirt into resident's yards. He felt it was a requirement to have at least a water truck out there. He felt the problem talked about tonight should be iooked into ASAP. He stated he would like to have a meeting about trucks on residential streets that was brought up at a previous meeting and felt this was a public safety issue. He thanked staff for their work at the Aim All Storage in order to help the neighbors. He felt graffiti was popping up all over the place and felt we need more staff in the City to handle this problem. '* '* '* * * * J. ADJOURNMENT MOTION: Moved by Williams, seconded by Michael to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 8:33 p.m. Respectfully submitted, Approved: . Debra J. Adams, CMC City Clerk