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HomeMy WebLinkAbout2004/04/21 - Minutes April 21, 2004 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meetinq A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, April 21,2004, 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 7:15 p.m. Present were Councilmembers: Rex Gutierrez, Robert J. Howdyshell, Diane Williams and Mayor William J. Alexander. Absent was Agencymember Kurth. Aisc present were: Jack Lam, City Manager; Pamela Easter, Deputy City Manager; James Markman, City Attorney; Linda D. Daniels, RDA Director; James C. Frost, City Treasurer; Larry Temple, Administrative Services Director; Joseph Kamrani, Sr. Information Systems Analyst; Sam Davis, Information Systems Specialist; Dawn Haddon, Purchasing Manager; Dan James, Sr. Civil Engineer; Brad Buller, City Planner; Dan Coleman, Principal Planner; Kevin McArdle, Community Services Director; Paula Pachon, Management Analyst III; Nettie Nielsen, Recreation Supervisor; Deborah Clark, Library Director; Captain Pete Ortiz, Rancho Cucamonga Police Department; Fire Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Peter Bryan, Battalion Chief; Duane Baker, Assistant to the City Manager; Michelle Dawson, Management Analyst Ill; Shirr'l Griffn, Office Specialist II; and Kathy Scott, Deputy City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS [ B1. Presentation of a Proclamation to the First 5 San Bernardino Commission in recognition of their significant contributions to the City's Youth Enrichment Services (YES) Program. Nettle Nielsen, Recreation Supervisor, gave the overview, acknowledging and thanking the Commission for their support of the City's programs. The City Council presented the Proclamation to Loren Sanchez and Commissioner Carol Anselmi. B2. Presentation by Dennis Yates, Board Member, AQMD. Board Member Dennis Yates gave a power point presentation on air pollution. He said AQMD seeks the City's support in establishing a locomotive emission reduction and mitigation program through a City Resolution or letter of support to help the South Coast Basin reach the Federally mandated plan state of 2021. B3. Presentation of a Proclamation declaring April 18 - 24, 2004 "National Victim's Week." Mayor Alexander stated that "Friends and Families of Murder Victims" is a non-profit organization dedicated to providing information, support and friendship to people who have experienced the death of a loved one through the violent act of murder. He said they hope to restore a sense of hope and provide a pathway to the well being for those who have lost a loved one, and to educate the community regarding issues faced by the surviving families and friends of murder victims and attempted murder victims. City Council Minutes April 21,2004 Page 2 Agnes Gibboney, Leader for the West End Chapter, stated they offer moral support for anyone who has lost a loved one to the violent act of murder. She said they meet at St. Mark's Episcopal Church the 3rd Thursday of each month at 7:00 p.m., and anyone is welcome. Dolores Conyer, Secretary, said she is also a parent of a murdered victim. She said there would be a candlelight vigil on Thursday, April 22, 2004, at 6:00 p.m. The City Council presented the Proclamation to Agnes Gibboney, Leader, and Dolores Conyer, Secretary, from the West End Chapter. C. PUBLIC COMMUNICATIONS C1. John Lyons stated his concern regarding the California Highway Patrol Officer shot this date in the City of Pomona. He also said he would like residents from this City hired for the jobs at the new mall; however, he would like to hire experienced people from the area as well. He hopes that it is not mandatory that people attend the training camp to be hired. C2. John Shanahan spoke regarding the March 29, 2002, killing of Los Angeles County Deputy Sheriff David March. He said there is a support rally on May 8, 2004, 9 am to noon, in Santa Clarita at the College of the Canyons. He said Deputy March was killed by an illegal alien who had two other warrants out for his arrest for attempted murder and had been deported twice. He said there is something wrong with the system that allows this. He said there is a major national political problem between the United States and Mexico wherein Mexico will not extradite anyone who has killed someone in the United States. C3. Melissa Morales stated she has a phone bill that is in excess of $5,000 due to fraudulent charges that took place over a period of five days. She said her phone line was used for an Internet scam to illegally get onto adult sites. She said she has filed a police report that has been classified as identity theft. She said that Verizon has taken the position that, as they are unable to sue the Internet company, their customers are being made to pay for the fraudulent charges. She wanted the public to be made aware of how the residents of this City are being treated by Verizon. D. COUNCIL COMMUNICATIONS D1. Councilmember Gutierrez stated that the Quakes have staffed their season and need our support; stated concerns regarding prevailing traffic issues (left turn signals, patience in construction areas, and high speeds); stated concern re public safety, specifically loitering in parks; he congratulated Dennis Michael, Fire Chief, on his retirement and thanked him for all of his years of service with the City; and congratulated Peter Bryan, the City's new Fire Chief. D2. Councilmember Howdyshell dittoed the congratulations mentioned above; he mentioned the groundbreaking for Fire Station 3 at the NW corner of Day Creek and BaseLine, which is a great improvement to the City; he commended Jack Lam, Debi Clark and staff for the very successful telethon in raising money for our new library. DJ. Councilmember Williams mentioned the press conference re the $1 million dollar donation by the Lewis Family and the naming of the Cultural Center playhouse, 'q'he Lewis Family Playhouse." She stated that donations/pledges are still being accepted; she said the telethon was phenomenal, and wanted to thank the children who performed and their parents; she said there was a packed house for a remarkable demonstration of what our new theater can do for our children; she said Suzanna Guzman, City Council Minutes April 21,2004 Page 3 opera star, taught the children about opera in a pleasurable way; she said that is similar to the kind of thing that will take place in the children's theater - educating the children. She thanked hosts Rod Gilfry and his wife, Tina. Aisc, she thanked Chris Little, news director, KFI radio, and gave special thanks to Frances Howdyshell and Rebecca Davies for their help. D4. Mayor Alexander apologized for not being at the Telethon, as he was out of state on City business regarding transportation. He thanked all the volunteers in our community and said the City will soon be honoring all of them at the Annual Volunteer Awards Banquet. E. CONSENT CALENDAR I El. Approval of Minutes: March 31,2004 (Special Meeting) April 7, 2004 E2. Approval of Warrants, Register 3/26/2004 through 4/12/2004, and Payroll ending 4/12/04, for the total amount of $3,626,186.05. E3. Approval to receive and file current Investment Schedule as of March 31, 2004. E4. Approval to award a contract to Delta Microimaging, Inc. (CO 04-036) of Fresno, California, for backfile conversion services in an annual amount not to exceed $40,000 for the period of April 21, 2004 through April 20, 2005, with an option to renew for additional one-year periods upon review and confirmation of pricing and mutual consent, up to a total of three years, to be funded from 1016-301-530. E5. Approval of a Community Facilities District Advance and Reimbursement Agreement with BCA Development (CO 04-037). E6. Approval to appropriate funds received from the U.S. Department of Housing and Urban Development for a grant in the amount of $804,735 for construction of a Senior Center at Central Park, Fund 1239303-5650/1496239-0. E7. Review and confirmation of Epicenter improvements proposed by Valley Baseball, Inc. E8. Approval of Amendment No. 4 to the Amended and Restated Lease Agreement between the City of Rancho Cucamonga and Valley Baseball, Inc., relating to reduction in available parking spaces in Parking Lot G and change in reimbursement for the Expanded Parking Lot. Eg. Approval of Amendment No. 5 to the Amended and Restated Lease Agreement between the City of Rancho Cucamonga and Valley Baseball, Inc., relating to replacement of the Scoreboard. El0. Approval of Parcel Map 16238 and monumentation cash deposit, located at the southwest corner of th Milliken Avenue and 6 Street, submitted by Silver Oak Development. RESOLUTION NO. 04-125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 16238 AND MONUMENTATION CASH DEPOSIT City Council Minutes April 21,2004 Page 4 Ell. Approval to authorize the City Manager and/or his designee to sign the Distribution and Service Extension Agreement with Regency Realty Group, Inc. (CO 04-038) and future distribution and service extension agreements along with amendments thereto for the extension of electric utilities within the Rancho Cucamonga Municipal utility Service Area. E12. Approval to release the Maintenance Guarantee Bond for Tract 13835, located on the northeast corner of Highland Avenue and Rochester Avenue, submitted by Sheffield Homes, LLC. E13. Approval to release the Maintenance Guarantee Bond for Tract 13851, located north of Wilson Avenue and west of Deer Creek Channel, submitted by DPDG Fund I, LLC. E14. Approval to release the Maintenance Guarantee Bonds for Tract 13270, located on the northwest corner of Milliken Avenue and Church Street, submitted by Lewis Homes. E15. Approval to release the Maintenance Guarantee Bonds for Tract 15875-1, located on the northeast corner of Base Line Road and Day Creek Boulevard, submitted by Kaufman and Broad of Southern California, Inc. E16. Approval to release the Faithful Performance Bond, No. 612882, in the amount of $50,855.00 for the In-Roadway Warning Lights at 19th Street (SR 30) and Jasper Street, Contract No. 02-091. E17. Approval of Improvement Agreement extension, for Tract 16116, located at the southwest corner of Banyan Street and East Avenue, submitted by KB Home Greater Los Angeles, Inc. RESOLUTION NO. 04-126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16116 MOTION: Moved by Gutierrez, seconded by Howdyshell to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried 4-0-1 (Kurth absent). ]] F. CONSENT ORDINANCES I No Items Submitted. [{ G. ADVERTISED PUBLIC HEARINGS [ (31. CONSIDEBATION OF ENVIBONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT - DRC2001-00534 - CABOT INDUSTRIAL PROPERTIES, L.P. - A request to amend the circulation within the Industrial Park Development District, Subarea 6, to eliminate Center Avenue from 6® Street south to Trademark Parkway, submitted by Cabot Industrial Properties - APN's 209-072-06, -11, - 16, -17 and -35. Staff has prepared a Negative Declaration of Environmental Impacts for consideration. Staff report presented by Dan James, Sr. Civil Engineer. City Council Minutes April 21,2004 Page 5 Mayor Alexander opened the meting for public hearing. Addressing the City Council were: Bob Dolan, representing the Association for the Business Trademark Center (south of the Parcel being developed), said he understands that the street that will be taken out will be given back to the business center as their property. He said he just wanted to make sure that was the case. Dan James, Sr. Civil Engineer, confirmed that. He said it primarily goes back to the business center to the west. He said this amendment is deleting the street, within the development code, that is not currently built. He said the vacation process of the existing portion would be brought to the City Council for action. There being no further public input, the public hearing was closed. RESOLUTION NO. 04-127 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING ADOPTION OF AN ORDINANCE TO AMEND THE DEVELOPMENT CODE PER DEVELOPMENT CODE AMENDMENT DRC2001-00534 - AMENDING THE CIRCULATION WITHIN THE INDUSTRIAL PARK DEVELOPMENT DISTRICT, SUBAREA 6, TO ELIMINATE CENTER AVENUE FROM 6TM STREET SOUTH TO TRADEMARK PARKWAY AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 209-072, -11, -16, -17 AN D -35. MOTION: Moved by Williams, seconded by Gutierrez to approve Resolution No. 04-127. Motion carried 4-0-1 (Kurth absent). Kathryn L. Scott, Deputy City Clerk, read the title of Ordinance No. 722. ORDINANCE NO. 722 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2001-00534, TO AMEND THE STREET CIRCULATION WITHIN THE INDUSTRIAL PARK DEVELOPMENT DISTRICT, SUBAREA 6, ELIMINATING THE EXTENSION OF CENTER AVENUE FROM 6TM STREET SOUTH TO TRADEMARK PARKVVAY BY AMENDING SECTION 17.30.080, FIGURE 17.30.080-H OF THE RANCHO CUCAMONGA DEVELOPMENT CODE, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Williams, seconded by Howdyshell to waive full reading and set second reading of Ordinance No. 722 for May 5, 2003. Motion carried 4-0-0 (Kurth absent). .. PUBLIC HEARINGS H1. CONSIDERATION OF APPEAL OF USE DETERMINATION DRC 2004-00093 - STEVE KNECHT - An appeal of the Planning Commission's decision denying a request to determine that a dog breeding establishment with outside runs is similar to an animal care facility within the Very Low Residential District at 10158 Sun Valley- APN: 1074-081-12. Staff report presented by Dan Coleman, Principal Planner. City Council Minutes April 21,2004 Page 6 Councilmember Williams stated she would like more of an explanation, as the Code is not clear. She asked if the Code should be cleaned up, as it is truly open for interpretation. Dan Coleman, Principal Planner, stated it is a complex code. He said there is a Use Table that lists the kinds of uses that are allowed in all the residential zones. However, there are additional regulations that apply and that is in a subsequent section, a few pages later in the Development Code, which states prior to residential development, agriculture uses are allowed, such as dog kennels, on lots of 2.5 acres or more. Councilmember Williams asked what is the square footage of the property. Dan Coleman, Prinicpal Planner, stated it is a little over one acre, maybe 44,000 to 45,000 square feet. Councilmember Williams stated that you could have one horse on 10,000 square feet of property. Dan Coleman, Principal Planner, stated you must have at least Y2 acre to have any horses, and it is 10,000 square feet per horse. Mayor Alexander opened the meting for public hearing. Addressing the City Council were: Joan Knecht, wife of Appellant Steve Knecht, resides at 10158 Sun Valley Drive, stated they are appealing the ruling of the Commission. She said the basis of the appeal is that they believe their dog breeding business qualifies as an animal care facility and should be considered for a conditional use permit in the wording set forth by the Municipal Code of Rancho Cucamonga. First, the definition of an animal care facility as stated in Section 17.02.140, is "a use providing grooming, housing, medical care or other services to animals including vetinerary services, animal hospitals over night or short-term boarding, ancillary to vetinerary care, indoor or outdoor kennels, grooming or similar services." She said further in the glossary section a kennel is defined as "any lot or premises on which five or more dogs over four months old are kept for commercial boarding, breeding and training." She said she and her husband been involved in the care and breeding of golden retrievers for approximately twenty years and the dogs are kept in outdoor kennel runs and are contained by chain link fencing on all four sides as well as the top and bottom. She said the dogs are show dogs that are groomed and trained regularly. She said the dogs and puppies and provided with scheduled vaccinations. Second, according to Section 17.08.020, their residence falls under the category of "very Iow residential district." She said it is not zoned agriculture; it is zoned as an area for very Iow-density single-family residential use with a minimum lot size of 20,000 square feet and a maximum residential density of up to two units per gross acre. She said the property is 1.2 acres or more than 50,000 square feet, and according to Table 17.08.03 in the Use Regulation Section, "an anima~ care facility in a very Iow residential district shall be a conditional use subject to a conditional use permit." She said although a kennel is not specifically listed in this residential use regulation table, as previously stated, a kennel without outdoor runs by City's definition can be part of an animal care facility. Therefore, they feel their breeding establishment should be considered through a conditional use permit. She said their property backs up to the San Bernardino Mountains and has no neighbors behind them. The remoteness of the property is illustrated in Exhibit "G." She said the closest neighbor is at least 200 feet away from the location of the dogs. She further explained that the violation flied on December 17, 2003, (page 15) was for the number of dogs--not against any specific complaint about any of the dogs. She said because of the high quality of the dogs, as well as their love for each and every one of them, they are extremely conscientious about the cleanliness of the facility. She said the Planning Commission had been provided with letters from the neighbors to the east and west advising that they have absolutely no complaint of any kind. She said they believe this activity should be allowable for a conditional use permit pursuant to the plain meaning of Municipal Code of Rancho Cucamonga, Section 17.02.140. Councilmember Gutierrez asked how many dogs they have at one time that are permanent residents. City Council Minutes April 21,2004 Page 7 Mrs. Knecht answered they have maintenance of five runs with two dogs in each run, simply because they are extremely social animals and do not like to be by themselves. Councilmember Gutierrez stated that in looking at the pictures, they are at the northeast corner of Hermosa and Alpine Meadows. Mrs. Knecht stated they are right on the City line, at the very end of Hermosa to the east of Sun Valley. Councilmember Gutierrez asked who initiated the complaint. Mrs. Knecht answered that it was an unknown, and that they complained to the County--not the City. She said it appeared to come shortly after the fires. Councilmember Gutierrez said the area is pretty remote. Councilmember Howdyshell asked why they don't have a business license. Mrs. Knecht said they just never got one, but would be happy to do whatever the City feels is necessary. Councilmember Howdyshell also asked why the dogs were not licensed. Mrs. Knecht said they haven't gotten around to that, but would do whatever the City wants. Mayor Alexander said if this were a neighborhood issue where there were many complaints, it would probably be an easy decision, because the number of dogs normally allowed in a residential neighborhood has been exceeded. He said he has a problem with it. He asked the City Attorney if the CoL~ncil would be setting a standard. City Attorney Markman said the only thing the Council can decide is to have the appellant apply for a Conditional User Permit if it is found this is the kind of use that is allowed in that zone. They would have to go through that whole process, with conditions, etc. He said, "Yes," everybody who owns a house of this size in this zone hereafter has the same opportunity to ask the Planning Commission and City Council for a CUP {Conditional Use Permit) to have a kennel. He said what you are really being asked to do is resolve a use determination, so you are interpreting your own statute, the animal care facility definition, to be specific. If you believe that that definition allows for "stand alone" kennels, as distinguished from kennels that are part of an animal hospital or shelter, that's what you will determine; and once that determination has been made, that use determination is allowed to be used by everybody else in Rancho Cucamonga with a CUP. Councilmember Williams stated that a CUP by its very nature is site specific. City Attorney Markman stated that the Council also has the opportunity to direct staff to change this code. He said in reading this definition, it's an amalgamation of things that might or might not be included in an animal hospital or shelter and there is a separate definition for "stand alone" kennels that are put in another zone. He said he thinks the best thing to do is to direct staff to clean this up per the Council's intent rather than perhaps torturing this definition. Councilmember Williams said she agrees. She does not think anybody wants an animal hospital with outdoor kennels there. They would have to get a CUP. She said she has seen other areas where there are horses so crowded that they can hardly walk across the yard, which she feels is inappropriate. City Council Minutes April 21,2004 Page 8 MOTION: Moved by Alexander that the item be defrayed until there has been an opportunity to get more details and find out the effect that it might have, if we don't deny it, on the remainder of the community, or if we do deny it, the impact that we could have on what might be an ambiguous code section that we have an obligation to clean up. MOTION NOT SECONDED. Councilmember Williams said she would like more discussion before a motion. Councilmember Gutierrez said it's like a motel, as the dogs come and go. He said he is flexible and feels they should find a way to let them run their business, and if the neighbors agree, that the City should find a way to make it work. He said this is a special case as they are obeying the law, except for the licensing. He said it's a good thing what they are doing, and we should find a way to let them continue without being afraid that they are going to lose their livelihood and their hobby. He said the ordinance, however, should be cleaned up. Counoilmember Williams said she doesn't have a problem if other people come forward and ask for a CUP, because the situation would be specific to that site. She said she went to this area with her dog and walked around the Iccp. She said they (the appellant) could not have stayed in the City and found a more remote place. She said one of the other neighbors has four dogs that were throwing their bodies up against the fence, as her dog excited them. She said they were noisy, angry and upset. She said if there were complaints about barking, it would probably be against the neighbor's dogs. Mrs. Knecht said her husband is conscientious in training them not to bark. Councilmember Williams said she is perfectly willing to invite them to file for a CUP and become fully licensed. Mayor Alexander said that taking action tonight would be foolish, as that would be setting a precedent. Councilmember Williams said she would make the motion to uphold the appeal and that would open the door for them to apply for a CUP, then restrictions and conditions could be placed. Brad Buller, City Planner, stated that in the direction Councilmember Williams was heading, the appeal would be upheld, which would then establish the fact that the use requested by the applicant is subject to a conditional use permit in the very Iow district; and that being the interpretation of the use determination, then the applicant would then proceed forward with the processing of the conditional use permit through the Planning Department. MOTION: Moved by Williams, seconded by Gutierrez to uphold the appeal, with the applicant to proceed forward with the processing of the conditional use permit through the Planning Department. Motion fails 2-2-1 (Howdyshell and Alexander voting against the motion; Kurth absent). Coun¢ilmember Howdyshell stated he was not prepared to vote for something in support of people who are in direction violation of the business licensing and animal licensing. He said before he would support them, they would need to get in compliance with some of the other rules they are violating. James Markman, City Attorney, stated a business license is revenue raising--not regulatory. The appellant should get a business license and get the dogs licensed, and that is all that can be done until the application of the CUP. Mayor Alexander stated he would not in vote in favor of it, because we are currently struggling with the whole issue of the proliferation of animals. He said once we set a precedent it is very difficult to say one can and one can't, regardless of the fact that they have to go through a CUP. A CUP is a conditional use permit and they have to be based on something. They have to be based on some type of a precedent set. He said he suggests everybody read very carefully what the Planning Commission struggled with before this is acted upon. City Council Minutes April 21,2004 Page 9 MOTION: Moved by Gutierrez, seconded by Williams to table action on the use determination upon applicant providing proof of a business license and licensing of all dogs. Motion carried 3-1-1 (Alexander voting against the motion; Kurth absent). RESOLUTION NO. 04-128 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE ACTION OF THE PLANNING COMMISSION AND DENYING THE APPEAL OF USE DETERMINATION DRC2004-00093, BY DETERMINING THAT DOG BREEDING ESTABLISHMENTS WITH OUTSIDE RUNS ARE NOT SIMILAR TO AN ANIMAL CARE FACILITY WITHIN THE VERY LOW (.1-2 DWELLING UNITS PER ACRE) RESIDENTIAL DISTRICT; AND MAKING FINDINGS IN SUPPORT THEREOF I I. CITY MANAGER'S STAFF REPORTS I No items submitted. II J. COUNCIL BUSINESS [ J1. PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE ACTION: Report received and filed. J2. ANIMAL SHELTER AD HOC SUBCOMMITTEE UPDATE Staff report presented by Michelle Dawson, Management Analyst III. She said the Animal Shelter AdHec Subcommittee's recommendation is to approve the use of $2,000 in City funds to establish the foster care program. Mayor Alexander asked what funds will be used. Michelle Dawson, Management Analyst III, stated that the City has contingency funds in the existing animal shelter budget for the current fiscal year (contract services). She said we would like to get the program established as soon as possible and it is unknown if these funds will be available next fiscal year, given the budget constraints. She said the H.O.P.E. Organization understands that this is a one- time set-aside of funds and the expectation is that with volunteers and fundraising efforts in our community, this will be a self-funded program. Councilmember Williams asked if Michelle could explain hew the foster care program works. Michelle Dawson, Management Analyst III, said in a perfect wodd, the foster volunteer would foster a mother cat and kittens at their own home and care for them until they are able to be adopted. She said the H.O.P.E. Organization is proactive in interviewing potential foster volunteers and providing home City Council Minutes April 21,2004 Page 10 visitation. She said the agreement with H.O.P.E. is that the kittens that have been fostered out would not be euthanized at the shelter, that those animals would be cared for and kept until they are adopted. Councilmember Howdyshell said we are allocating some very precious money at this time to try to set the example to get people to control their animals, and we are trying to work with veterinaries in the area to make it very affordable so that cost is not an issue. He said then we can try to control our population and we can get to our objective of a "no-kill" shelter some day in the future. Mayor Alexander asked if this means if we have an agreement at the shelter that if they are unsuccessful in being able to adopt them that we will keep those animals indefinitely, even if they never get adopted. Michelle Dawson, Management Analyst III, answered essentially that is true. She said the shelter staff says that kittens are very adoptable; however, the older cats are more difficult to find homes for. Councilmember Gutierrez said he admires the work that the County has done and that they complied when we said we did not want to kill on demand. We are not going to participate in taking someone's money so they can get rid of an animal. The County has helped a lot to try and implement these ideas. He said H.O.P.E. is very active in Upland, and he feels from the numbers that they have done a very good job in keeping the number of animals put down to a minimum and they have a great record in adopting out animals. He said they have a lot of donors and they would like to help us set up a foster care program and to search for volunteers. He asked that anyone interested in becoming a foster parent call Michelle Dawson @ 477-2700 or Councilman Gutierrez. He said whatever way we can find, whatever idea that is worth investigating, we will look into it to make the quality of life good, not only for the people who live here, but also for the animals. Nicole Myerchin said that our Council has done a really nice thing for the animals; our County has been taking $25 to let an owner bring in a healthy animal to put it down. She said subcommittee members Gutierrez and Howdyshell have requested that this stop in the City of Rancho Cucamonga. She said the County has agreed to comply with their request in our shelter, but unfortunately they will not do it in the other two shelters. She said the foster care program works wonderfully in Upland. She would like the Council to consider an alternate proposal. It has been brought to the Council in the past that this is not feasible. She would like the City Council not to renew the contract with the County for running the Animal Shelter. She discussed the cost analysis. She said Upland is running their own contract (not with the County) for a reason; there are a lot of ways out there to save money; they are also doing a better job; their kill rate is a lot lower in actual numbers, and that is because they have a very proactive, very visionary group, and that is H.O.P.E. Not only do they have the foster care program (not only for kittens, but also for puppies and older dogs), but they also microchip. In addition to microchip, they also list on "pet finder." They are open to a lot of things, and they have requested a meeting with our subcommittee, so we can go over the proposal. We hope that the Council will not renew the County contract, as the savings would be over $43,000 to the City. She said H.O.P.E. as a non-profit organization has the ability to raise funds and they are currently helping the City of Upland raise funds to build a new shelter. They are very interested in a partnership and showing how they can help the City of Rancho Cucamonga. Dave Dykstra, with respect to the H.O.P.E. organization, stated that on May 22 at Upland Memorial Park there would be a pet adoption fair. He reminded all that they need volunteers. MOTION: Moved by Howdyshell, seconded by Williams, to approve funds to establish a foster care program. Motion carried 4-0-1 (Kurth absent). City Council Minutes April 21, 2004 Page 11 J3. DECISION ON THE REQUEST OF DOUGLAS E. BARNHART, INC., TO SUBSTITUTE COAST ROOF CO. FOR ZSOLT KISS, INC., DBA GOLDEN STATE ROOFING, ON THE CENTRAL PARK SENIOR/COMMUNITY CENTER PROJECT Staff report presented by James Markman, City Attorney. RESOLUTION NO. 04-129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, MAKING FINDINGS, DENYING OBJECTIONS, AND APPROVING THE REQUEST OF DOUGLAS E. BARNHART, INC., TO SUBSTITUTE COAST ROOF CO. FOR ZSOLT KISS, INC., DBA GOLDEN STATE ROOFING, ON THE CENTRAL PARK SENIOR/COMMUNITY CENTER PROJECT MOTION: Moved by Howdyshell, seconded by Williams to approve Resolution No. 04-129. Motion carried 4-0-1 (Kurth absent). K. IDENTIFICATION OF ITEMS FOR THE NEXT MEETING I No items were identified for the next meeting. L. PUBLIC COMMUNICATIONS No communication was made from the public. MOTION: Moved by Williams, seconded by Gutierrez to adjourn. Motion carried 4-0-1 (Kurth absent). The meeting adjourned at 9:07 p.m. Respectfully submitted, /., Kathryn L. ~cott, CMC Deputy City Clerk Approved: June 2, 2004