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HomeMy WebLinkAbout2005/02/16 - Minutes February 16, 2005 CITY OF RANCHO CUCAMONGA CITY COUNCIL CLOSED SESSION MINUTES II ^. I The Rancho Cucamonga City Council held a closed session on Wednesday, February 16, 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; Pamela Easter, Deputy City Manager; James Markman, City Attorney; Joe O'Neil, City Engineer and Linda D. Daniels, Redevelopment Director. B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) Mayor Alexander announced the closed session item. B1. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR CALTRANS EXCESS PROPERTY LOCATED NORTH OF THE 210 FREEWAY AND SOUTH OF HIGHLAND AVENUE BETVVEEN ARCHIBALD AVENUE AND 750 FEET EAST OF ARCHIBALD AVENUE, PARCEL NO. DD007627-01-01 AS SHOWN ON CALTRANS RNV MAP NO. 437511-15 - CITY No communication was made on the closed session items. i D. CONDUCT OF CLOSED SESSION The closed session began at 5:35 p.m. il E. CITY MANAGER ANNOUNCEMENTS AND REPORTS /he closed session recessed at 6:45 p.m. with no action taken. City Council Minutes February 16, 2005 Page 2 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meetinq II A. CALLTO ORDER I A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, February 16, 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 7:24 p.m. Present were Councilmembers: Rex Gutierrez, L. Dennis Michael, Sam Spagnolo, Diane Williams and Mayor William J. Alexander. Aisc present were: Jack Lam, City Manager; Pamela Easter, Deputy City Manager; James Markman, City Attorney; Mike Nelson, Sr. Redevelopment Analyst; Jim Frost, City Treasurer; Dawn Haddon, Purchasing Manager; Sid Siphomsay, Information Systems Analyst; Mike Toy, Information Systems Specialist; Joe O'Neil, City Engineer; Jerry Dyer, Sr. Civil Engineer; Maria Perez, Associate Engineer; Brad Bullet, City Planner; Larry Henderson, Principal Planner; Gall Sanchez, Planning Commission Secretary; Kevin McArdle, Community Services Director; Paula Pachon, Management Analyst III; Captain Pete Ortiz, Rancho Cucamonga Police Department; Chief Peter Bryan, Rancho Cucamonga Fire Protection District; Michelle Dawson, Management Analyst III; Kimberly Thomas, Management Analyst II; Shirr'l Griffin, Office Specialist II - City Clerk's Office; and Debra J. Adams, City Clerk. II .. ANNOUNCEMENTS/PRESENTATIONS II B1. Presentation of checks to the Rancho Cucamonga Community Foundation and the Rancho Cucamonga Library Foundation from the Mark Christopher Charity Classic presented by Adelphia Nationwide Tour Event held in the City of Rancho Cucamonga at the Empire Lakes Golf Course. Stephen Wagner from the Mark Christopher Charity Classic presented a $5,000 check to Tony Mize from the Community Foundation and Frances Howdyshell from the Library Foundation. I[ C. PUBLIC COMMUNICATIONS II C1. James Frost, City Treasurer, had his Grandmother's bible with him that was over 1,000 years old. He commented on the "Run for the Wall" motorcycle race that would be held in May. He commented on the meaning of it stating it is to recognize and create awareness for POW's and those MIA's. He stated the bible has in it some of his family history, which talks about those family members that were in previous wars. He stated there are still many people that don't know if their loved ones are dead or alive. 02. Nicole Myerchin stated the City pays almost $775,000 for the animal shelter contract. She commented on the need for veterinary care and stated she is not sure what the City gets for what they pay with this contract. She stated she is not sure why the dog breeding issue is on the agenda again. City Council Minutes February 16, 2005 Page 3 ~,. COUNCIL COMMUNICATIONS D1. Councilmember Michael stated the Council held a team building/organizational effectiveness meeting over the last weekend and wanted to make the meetings more effective. He stated the goals will be discussed next week and that would include public safety, which is the City's first priority. D2. Councilmember Williams had no comments. D3. Councilmember Spagnolo stated the Council is trying to do the best they can and asked the audience to respect them and not respond with any "booing" or clapping. D4. Councilmember Gutierrez stated he enjoyed the team building and commented on the decorum of the meetings they talked about. He stated he is happy to represent someone if they have an issue, but asked that people refrain from snide remarks. He thanked people for coming to the meetings. D5. Mayor Alexander commented the team building sessions were very good. II E. CONSENT CALENDA. El. Approval of Minutes: January 19, 2005 (Michael absent) February 2, 2005 (Michael absent) E2. Approval of Warrants, Register 1/25/05 through 2/7/05, and Payroll ending 2/7/05, for the total amount of $3,092,979.61. E3. Approve to receive and file current Investment Schedule as of January 31,2005. E4. Approval to authorize the advertising of the "Notice Inviting Bids" for the construction of the Haven Avenue Street Widening and Storm Drain Improvement Project from Base Line Road to north of 19th Street, to be funded from Acct. No. 11243035650/14061124 (Transportation Funds) and Acct. No. 11103165650/1464110 (Beautification Funds). RESOLUTION NO. 05-049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE HAVEN AVENUE STREET WIDENING AND STORM DRAIN IMPROVEMENT PROJECT FROM BASE LINE ROAD TO NORTH OF 19TM STREET AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS E5. Approval of Iow bid vendor selection for the replacement of two pieces of equipment, Smithco field rakes, from Golf Ventures west of Corona, California, in the amount of $33,964.96, to be funded from Acct. No. 1712001-5603 as approved in the 04-05 budget. E6. Approval of Iow bid vendor selection for the replacement of five pieces of equipment, one aerator, one utility vehicles, one seeder and two top dressers from AA Equipment of Montclair, California, in the amount of $59,269.50, to be funded from Acct. No. 1712001-5603, as approved in the 04-05 budget. ET. Approval to appropriate $22,000 from the Community Development Technical Services Fund into Acct. No. 1016301-5300 (Contract Services) to fund temporary staffing assistance with revising, updating and testing the Tidemark software system used by the Building and Safety, Engineering and Planning Departments. City Council Minutes February 16, 2005 Page 4 E8. Approval of a Resolution stating the Caltrans Excess Property, located north of the 210 Freeway and south of Highland Avenue between Archibald Avenue and 750 feet east of Archibald Avenue, will be used for public purposes, more specifically a public park. REMOVED FOR DISCUSSION ElY COUNCILMEMBER WILLIAMS. RESOLUTION NO. 05-050 A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF RANCHO CUCAMONGA, CALIFORNIA, THAT THE EXCESS PROPERTY TO BE ACQUIRED FROM CALTRANS, LOCATED NORTH OF THE 210 FREEWAY AND SOUTH OF HIGHLAND AVENUE BETWEEN ARCHIBALD AVENUE AND 750 FEET EAST OF ARCHIBALD AVENUE, WILL BE USED FOR PUBLIC PURPOSES, MORE SPECIFICALLY A PUBLIC PARK E9. Approval of a Completion of Termination of Temporary Easement for the benefit of Rancho Amigos Investors, LLC, a California Limited Liability Company, and Dearden Properties, a California General Partnership. RESOLUTION NO. 05-051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A COMPLETION OF TERMINATION OF TEMPORARY EASEMENT FOR THE BENEFIT OF RANCHO AMIGOS INVESTORS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AND DEARDEN PROPERTIES, A CALIFORNIA GENERAL PARTNERSHIP El0. Approval of Improvement Agreement and Improvement Securities for DRC2002-00884, located on the south side of 6th Street, east of Utica Avenue, submitted by F & F Simon Rancho Tech, LLC. RESOLUTION NO. 05-052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR DRC2002- 00884 Ell. Approval of Map, Improvement Agreement, Improvement Securities, Monumentation Cash Deposit and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Light Maintenance District Nos. 1 and 6 for Parcel Map 16539, located at 6~h Street and Santa Anita Avenue, submitted by La-Santa Anita, LLC. RESOLUTION NO. 05-053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NO. 16539, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT RESOLUTION NO. 05-054 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 PARCEL MAP 16539 City Council Minutes February 16, 2005 Page 5 E12. Approval of Map, Improvement Agreement, Improvement Securities and Ordering the Annexation to landscape Maintenance District No. 7 and Street Light Maintenance District Nos. 1 and 7 for Tract Map 16466, located north of Banyan Street between Etiwanda and Bluegrass Avenues, submitted by Carriage Estates Iii, LLC. RESOLUTION NO. 05-055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR TRACT 16466 RESOLUTION NO. 05-056 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 7 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 7 FOR TRACT MAP 1644 E13. Approval of Map and Monumentation Cash Deposit for Parcel Map 16657, located at the southeast corner of Rochester Avenue and Jack Benny Drive, submitted by Stadium Plaza South, LLC, a California Limited Liability Company. RESOLUTION NO. 05-057 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NO. 16657 AND MONUMENTATION CASH DEPOSIT E14. Approval of a contract amendment (CO 03-091) adjusting the hourly rates for inspection services provided by Aufbau Corporation. E15. Approval of the execution of an amendment to the Professional Services Agreement (CO 00-044) for Engineering Design Services for the Haven Avenue Street Widening and Storm Drain Project from Base Line Road to south of Route 210 Freeway, to Dan Guerra & Associates to increase the contract amount from $440,691.05 to $515,691.05, to be funded from Measure "1" Funds, Acct. No. 11763035650/1124170-0 and appropriate $75,000.00 from Measure "1" fund balance to Acct. No. 11763035650/1124170-0. E16. Approval to contract with FL Y. Rodriguez (CO FD 05-001 & CO-012) for ongoing fuel station repair, maintenance, testing, and certification at the Corporate Yard, Sports Complex and Fire Stations 171,172, 174, 175, 176 for an annual amount not to exceed $20,500 ($15,000 from fund number 1001317-5300; $5,500 from fund number 3281527-5200) for the remainder of fiscal year 04/05, with the option to renew for additional one (1) year periods upon review of contract and mutual consent, up to a total of three (3) years. E17. Approval of the execution of Program Supplement No. 007-M to the Administering Agency-State Agreement No. 08-5420 covering the installation of solar-powered flashing beacons on Hermosa Avenue at 500 feet north of and 500 feet south of Feron Boulevard. E18. Approval of Improvement Agreement Extension for PM 16245 and PM 16245 Fourth Street Storm Drain Systems, located at the northwest corner of 4~h Street and Milliken Avenue, submitted by Jefferson on Fourth, L.P. City Council Minutes February 16, 2005 Page 6 RESOLUTION NO. 05-058 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ~MPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITIES FOR PM 16245 AND PM 16245 FOURTH STREET STORM DRAIN SYSTEMS E19. Approval to accept the Improvements and file a Notice of Completion for improvements for CUP94- 39, located on the north side of Ashford Street, east of Center Avenue, submitted by Cucamonga Valley Water District. RESOLUTION NO. 05-059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CUP94-39 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E20. Approval to release the Maintenance Guarantee Bond for DR00-28, located at the northwest corner of Milliken Avenue and Arrow Route, submitted by Catellus Development Corporation. E21. Approval to release the Maintenance Guarantee Bond for DR00-32, located on the southeast corner of 7th Street and Utica Avenue, submitted by Seventh Street and Utica Partners, LLC. E22. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for Improvements for DRC2001-00638, located on the west side of Day Creek Boulevard at Highland Avenue, submitted by Day Creek Investors, LLC. RESOLUTION NO. 05-060 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2001-00638 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E23. Approval to release the Maintenance Guarantee Cash Deposit for DRC 2002-00218, located on the west side of Santa Anita Avenue, 1000 feet north of 4~h Street, submitted by Ridge Santa Anita Partners, LLC. E24. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond and file a Notice of Completion for improvements for DRC2002-00606, located on the west side of Hermosa Avenue, south of 8h Street and north of 7~h Street, submitted by Hermosa 2, PI, LLC. RESOLUTION NO. 05-061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2002-00606 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E25. Approval to accept Improvements, retain $1,150.00 of the Faithful Performance Cash Deposit in lieu of a Maintenance Bond, and file a Notice of Completion for improvements for DRC2003-00302, located on the south side of Arrow Route, west of Hellman Avenue, submitted by West Rock, LLC City Council Minutes February 16, 2005 Page 7 RESOLUTION NO. 05-062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2003-00302 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E26. Approval to accept Improvements, retain $930.00 of the Faithful Performance Cash Deposit in lieu of a Maintenance Bond, and file a Notice of Completion for improvements for DRC2003-00330, located at the southwest corner of 6th Street and Milliken Avenue, submitted by Silver Oak Development. RESOLUTION NO. 05-063 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2003-00330 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E27. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for improvements for DRC2003-00869, located at the southwest corner of Haven Avenue and 6th Street, submitted by Oltmans Construction Co. RESOLUTION NO. 05-064 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2003-00869 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E28. Approval to release the Maintenance Guarantee Bond for DRCDR01-03, located on the east side of Hermosa Avenue, north of Sharon Circle, submitted by Fullmer Construction. E29. Approval to accept the Improvements, release all bonds, and file a Notice of Completion for improvements for PM 15731, located at the southeast corner of White Oak and Elm Avenues, submitted by KDC Rancho Two, LLC. RESOLUTION NO. 05-065 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PM 15731 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E30. Approval to release of Maintenance Guarantee Bond for TR 13279, located on the south side of Highland Avenue, between Rochester and Milliken Avenues, submitted by Lyon Homes, Incorporated. E31. Approval to release the Maintenance Guarantee Bonds for TR 15072 and TR 15072-1, located on the southwest corner of Base Line and Rochester Avenue, submitted by Lewis Development Company and Kaufman and Broad of Southern California, Inc. E32. Approval to accept Improvements, release the Faithful Pedormance Bond, accept a Maintenance Bond, and file a Notice of Completion for improvements for TR 15838, located on the southwest corner of Wilson Avenue and Bluegrass Avenue, submitted by Standard Pacific Corporation. RESOLUTION NO. 05-066 A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TR 15838 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK City Council Minutes February 16, 2005 Page 8 E33. Approval to accept the Arrow Route Pavement Rehabilitation from Archibald Avenue to Hermosa Avenue, Contract No. 04-168 as complete, approval to appropriate $6,000.00 to Acct. No. 11763035650/1370176-0 from Measure 'T' fund balance, retain the Faithful Performance Bond as a Guarantee Bond, release the Labor and Material Bond, and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $267,120.81. RESOLUTION NO. 05-067 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE ARROW ROUTE PAVEMENT REHABILITATION FROM ARCHIBALD AVENUE TO HERMOSA AVENUE, CONTRACT NO. 04-168 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Michael, seconded by Williams to approve the staff recommendations in the staff reports contained within the Consent Calendar with the exception of item 8. Motion carried unanimously 5-0. DISCUSSION OF ITEM 8. Approval of a Resolution stating the Caltrans Excess Property, located north of the 210 Freeway and south of Highland Avenue between Archibald Avenue and 750 feet east of Archibald Avenue, will be used for public purposes, more specifically a public park. Councilmember Williams asked for a staff report on this and stated she wanted everyone to know this would be a public park. A staff report was presented by Joe O'Neil, City Engineer. MOTION: Moved by Williams, seconded by Michael to approve the staff recommendation for item 8. Motion carried unanimously 5-0. Item J1. Was discussed at this time. The minutes will remain in agenda order. II CONSENT ORDINANCES No Items Submitted. II G. ADVERTISED PUBLIC HEARINGS No Items Submitted. City Council Minutes February 16, 2005 Page 9 H1. APPROVAL OF RESOLUTIONS AUTHORIZING THE RANCHO CUCAMONGA POLICE DEPARTMENT TO ENFORCE THE CALIFORNIA VEHICLE CODE IN THE MARLBOROUGH VILLAS, TERRA VISTA WESTGATE, AND RANCHO VISTA GATED COMMUNITIES AS AUTHORIZED BY CALIFORNIA VEHICLE CODE SECTION 21107.7 A staff report was presented by Michelle Dawson, Management Analyst III. Mayor Alexander opened the meeting for public hearing. Addressing the City Council was: Dwayne Sharp of the Rancho Vista Homeowner's Association, stated he supports this request. There being no further input, the public hearing was closed. RESOLUTION NO. 05-068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE ENFORCEMENT OF THE CALIFORNIA VEHICLE CODE IN THE MARLBOROUGH VILLAS GATED COMMUNITY (GENERALLY LOCATED EAST OF ARCHIBALD AVENUE, NORTH OF FOOTHILL BOULEVARD, WEST OF RAMONA AVENUE, AND SOUTH OF CHURCH STREET) AS AUTHORIZED BY CALIFORNIA VEHICLE CODE SECTION 21107.7 RESOLUTION NO. 05-069 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE ENFORCEMENT OF THE CALIFORNIA VEHICLE CODE IN THE TERRA VISTA WESTGATE GATED COMMUNITY AS AUTHORIZED BY CALIFORNIA VEHICLE CODE SECTION 21107.7 RESOLUTION NO. 05-070 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE ENFORCEMENT OF THE CALIFORNIA VEHICLE CODE IN THE RANCHO VISTA GATED COMMUNITY AS AUTHORIZED BY CALIFORNIA VEHICLE CODE SECTION 21107.7 MOTION: Moved by Gutierrez, seconded by Williams to approve Resolution Nos. 05-068, 05-069 and 05- 070. Motion carried unanimously 5-0. II ,. CITY MANAGER'S STAFF REPORTS I I1. CONSIDERATION OF A REQUEST FROM GRANITE EQUITIES (DEVELOPERS OF HENDERSON CREEK PROJECT) TO HAVE THE CITY DESIGNATE HABITAT TRUST AS A QUALIFIED CONSERVATION ENTITY FOR THE PURPOSE OF THE MANAGING 54 ACRES OF OPEN SPACE PURSUANT TO AN OPEN SPACE TRANSFER PLAN IN SATISFACTION OF THE REQUIREMENTS OF THE ENVIRONMENTAL IMPACT REPORT AND DEVELOPMENT AGREEMENT FOR THE HENDERSON CREEK PROJECT (CONTINUED FROM FEBRUARY 2, 2005) City Council Minutes February 16, 2005 Page 10 A staff report was presented by Larry Henderson, Principal Planner. James Markman, City Attorney, stated his staff worked with the Planning staff to develop this Resolution. He proceeded to give background information about the Habitat Trust wanting this matter to be heard by the Council. He stated the recommendation is not to designate them as a qualified manager of this property based on the findings in the Resolution. He stated he went to the Secretary of State's website and found that the Habitat Trust for Wildlife business portal indicates their corporation is suspended. He recommended staff approve the Resolution. Mayor Alexander opened the meeting for public input. Addressing the City Council was: Craig Sherman, on behalf of the Habitat Trust and Spirit of the Sage Council, stated he did not agree with Mr. Markman's comments. He stated they are not unqualified to manage this open space. He referenced a letter previously sent to the Council, which is on file in the City Clerk's office. He stated depending on the action taken tonight, the Council should be prepared to pay his client for the loss of their rights. There being no further input, public comments were closed. James Markman, City Attorney, stated prior to the adoption of Council Resolution 04-207, it specifically gave the City a function of having to approve "other qualified conservation entities." He stated we never had such a function in the past. He stated when this was given to his office in this circumstance, logical criteria is being presented to the Council and applied to this process. He continued talking about the criteria as it relates to the Habitat Trust. He felt the information presented supports the Resolution. He advised the Council not to feel intimidated by Mr. Sherman's threats. RESOLUTION NO. 05-071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING CRITERIA FOR THE DESIGNATION OF CONSERVATION ENTITIES TO MANAGE OPEN SPACE AND HABITAT TRANSFER LANDS, AND MAKING A DETERMINATION ON A REQUEST BY GRANITE EQUITIES (DEVELOPERS OF HENDERSON CREEK PROJECT) REGARDING THE QUALIFICATIONS OF THE CONSERVATION ENTITY TO MANAGE OPEN SPACE AND HABITAT TRANSFER LANDS REQUIRED BY THE HENDERSON CREEK PROJECT; AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Michael, seconded by Williams to approve Resolution No. 05-071. Motion carried unanimously 5-0. 12. STATUS REPORT ON FLOOD CONTROL PROJECT (Oral) A staff report and power point presentation were given by Joe O'Neil, City Engineer, and Maria Perez, Associate Engineer. Jack Lam, City Manager, stated Ms. Perez has done a good job on this. ACTION: Report received and filed. City Council Minutes February 16, 2005 Page 11 II J. COUNCIL BUSINESS I Jl. DISCUSSION OF DOG BREEDING ISSUE (STEVE KNECHT) Councilmember Gutierrez stated when this was brought up previously, the family involved was not present. He added he takes responsibility that they were not present. He stated he has brought this back because he feels everyone has the right to have their day in court. He felt people have the right to face their accuser. He did not feel it was right for people to be spied upon and being watched from peeking over fences. Brad Bullet, City Planner, displayed a view of the back of the property stating the Knecht's have no neighbors behind them or near their property. He stated this property is quite remote. Councilmember Gutierrez stated he does not want to be argumentative and that he wants to be united with his colleagues. He stated CUP's are there to allow special permission. He stated he did not feel this type of issue has ever been brought up in the 25 years the City has been incorporated. He felt the Knecht's are decent people and are not backyard breeders. He stated this business is not to create profit for the Knecht's. He stated there is a section in the code that refers to animal care facilities in a very Iow residential areas. He stated this would include grooming, housing, medium care or overnight or short term housing. He felt the Knecht's should be able to get a CUP as an animal care facility and hoped his colleagues would support this. He stated if someone is allowed to have 6 horses on their property, why not 6 dogs. He made comments on what other cities allow. He felt the Knecht's should be able to apply for a CUP under animal care. James Markman, City Attorney, stated this is not a use determination because there is no way you can interpret the language to allow someone to engage in a dog breeding operation for themselves in a very Iow zone. He stated dog breeding is a use, an activity. He stated an animal care facility is a facility which is a commercial facility that offers a variety of services to people's animals should the general public wants to take advantage of it. He stated the way to change this is through an Ordinance amendment that would allow dog breeding for a certain number of dogs in the very Iow zone on lots of a certain size or greater under a Conditional Use Permit. He stated then the Knecht's could be processed. Councilmember Williams questioned Brad Bullet about the requirements for horses on property and noted how much open space is required. Mayor Alexander stated this is about consistency. He felt the Knecht's should have got the approval before they started their business, not after the fact. He stated they are out of compliance. He stated he agrees with the Planning Commission and did not think things should be changed. Mayor Alexander opened the meeting for public hearing. Addressing the City Council were: John Lyons, Etiwanda, did not feel the Knecht's want to be bothered. He stated nobody cares what they are doing and that they should be left alone. He stated it is their property and they should be able to do what they want to. Nicole Myerchin wanted to know if someone should be able to have an elephant in a remote area. She stated Golden Retriever Rescue has offered to take care of these animals. She stated this is a matter of setting a precedent. She stated this has been voted against twice. She stated now that Councilmember Michael is back they hope that he will bring the vote the right way. She felt this will hurt the community and hoped the Council will stand by their 60 day notice to the Knecht's. A lady who did not identify herself stated the strict zoning is what makes this City special. She stated we do not want to have a lot of grooming facilities, hotels, etc. for animals. She hoped if changes are made to the CUP that they be required to be spayed or neutered. City Council Minutes February 16, 2005 Page 12 Denise McGuire stated they just purchased a puppy and talked about the good experience it was. She felt that the City should make sure breeders are doing the right things with their facilities and running a good operation. She did not feel all breeders should be labeled as bad. Nancy Avila stated she felt if someone could have 6 horses on their property, they should be allowed to have 6 dogs. She felt the Knecht's are doing this because of their love for the dogs...not for profit. She felt these dogs are cared for. She felt the Knecht's are keeping their family together if they can keep the dogs. David (did not give last name) stated he is a teenager and did not feel the dogs should be taken away from their family. He stated he takes care of his animals and does the best he can. He did not feel their dogs should be taken away from them. Mrs. Knecht distributed information for the City Council and also a picture of one of their show dogs. She stated most everyone has already related everything she was going to say. She told about her breeding business and the facility they have for the dogs. She stated they are not backyard breeders. She continued to talk about their operation. She stated they have a waiting list of people that want their dogs. She stated they do have an acre and 1/8, which is about 50,000 square feet of property. Matt Bender commented on having horses as opposed to dogs and felt someone should be able to have the same number of dogs as horses on property. Robin Cochrane brought a puppy. She stated she got her dog from the Knecht's as a gift. She felt there was a high need for good breeders. She stated this dog is a service dog and felt the Knecht's should be allowed to continue with what they are doing. Elizabeth Cochrane also commented on service dogs and the need for them. She felt the service these breeders provide is very important. A lady (did not identify herself) stated she is glad the Knecht's are helping people, but that they are only allowed to have three dogs. She did not feel an exception should be granted because then everyone would be doing this. There being no further input, the public hearing was closed. Councilmember Spagnolo stated he spoke to the Knecht's and that no one has ever said they do not have a good facility. He stated the issue is the regulations of the City that should be followed. Councilmember Michael stated the City does care about animals and that the issue for him is that they should maintain the quality of life in the City. He felt if the codes are modified, some of the things in the community will be affected. He stated he is net compelled to make a modification to the codes. He felt they should be given a certain amount of time to get rid of the animals to get down to three dogs. Councilmember Williams felt the Knecht's need to come into compliance. She felt the animal ordinance needs to be looked at. She felt the law needs to stay as is and the Knecht's should be given enough time so they can comply. Councilmember Gutierrez stated he has done his best for the Knecht's. He stated this issue has not come to the City Council in the 25 years of its existence. He felt people should be compassionate. He stated he hoped there could be flexibility for these people and that he would support looking at the ordinance regulating animals. MOTION: Moved by Gutierrez to draft an Ordinance, which would allow dog breeding as a condition in the very Iow zone with specific parameters with a minimum one acre lot size. The motion died due to lack of a second. City Council Minutes February 16, 2005 Page 13 The City Council recessed at 9:06 p.m. They reconvened at 9:18 p.m, with all members present and discussion of item HI. J2. PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE ACTION: Report received and filed. J3. REPORT BY ANIMAL SHELTER AD HOC SUBCOMMITTEE A staff report was presented by Michelle Dawson, Management Analyst Ill. Mayor Alexander stated he would like to put a time frame on the fourth directive which is "having staff solicit cost estimates and proposals from professional consultants and providers to advise the City regarding the feasibility of establishing a "no kill" shelter." He stated he would like to limit the timeframe to find people to one month so this is not delayed anymore. He stated if there are fees involved he would like to present that information within two weeks to one month for approval. Councilmember Spagnolo stated he has had various phone conversations with many animal groups discussing running the shelter more efficiently. He stated they will be setting up meetings with them. He stated they are on a fact finding mission right now so they have a way to base decisions to be made. He felt this is a very dynamic situation. Councilmember Williams asked the timeframe when the information can be expected once the consultant is chosen and what would be the next timeframe for the reports to be completed. Michelle Dawson, Management Analyst III, stated the City and the County of San Bernardino have an existing contract with the Humane Society of the United States to provide a consultation to us regarding the existing programs at the animal shelter. She stated the timeframe for that report is they will begin to solicit public comment probably during the first week or two in March. She stated the Human Society consultant will not come out until June to do the site visit. She stated we can expect their final report to the City Council in September. She stated the Subcommittee is requesting another consultation regarding the feasibility of establishing a "no kill shelter" in Rancho Cucamonga. She stated staff can come back in a month's time for the Subcommittee to make a recommendation to the Council. She stated it depends on whom staff finds to do the services and what their schedule is in order to establish when that report will be completed. Councilmember Michael congratulated the work the subcommittee has done. He asked if there was a way to track the number of people that find their pets by accessing it on the Petfinders website. Michelle Dawson, Management Analyst Ill, felt this could be done. Councilmember Michael felt the City Council needs to identify what level of service they expect and what that cost would be. Councilmember Gutierrez congratulated the subcommittee on their work. He hoped this could be incorporated into the budget. He stated he looks forward to discussing this during the future goal setting meetings. He inquired about HOPE running the shelter. Michelle Dawson, Management Analyst III, stated the subcommittee did not pursue this option. She did not feel they could. Mayor Alexander opened the meeting for public input. Addressing the City Council were: City Council Minutes February 16, 2005 Page 14 A lady (who did not identify herself) had information on "no kill shelters" for Councilmembers Gutierrez, Michael and Williams. She stated they have a petition for a "no kill shelter." She stated there is no veterinary care and hoped they could get some soon. A lady (did not give her name) felt the San Bernardino County Animal Shelter contract should be dumped. She stated it is not going to work by using their contract. Elizabeth, volunteer for "Cats in Need of Care," told about their services. She stated the County does not provide veterinary care at the shelter. She did not think the shelter should be a death house. She asked the City to consider Nathan Winegrad's suggestion of a "no kill shelter." Ted Myerchin thanked Nicole for assisting the seniors at Christmas. He thanked the Council for their work towards the animal shelter. He did not think there should be unnecessary killing of pets. He stated he visited the Helen Woodward Shelter and hoped Rancho Cucamonga's could be like that some day. Nicole Myerchin thanked Councilmembers Michael, Williams and Spagnolo and also Mayor Alexander for their "no vote" on the Knecht issue. She hoped that the Council will accept the recommendations presented tonight. Jody Bell felt Nathan Winegrad would be great to work with. She encouraged the Council to go to a "no kill shelter." She quoted the website of nokillnow.com. Ronnie Nunez, volunteer for Cats in Need, felt there should be a "no kill shelter." Steve Harris felt there should be improvements made at the animal shelter. Jena, volunteer for Cats in Need, stated she supports the "no kill shelter." Mayor Alexander felt no animal 8 weeks old should leave the shelter without being spayed or neutered. Councilmember Michael stated he is in favor of partnerships and felt the County contract should be evaluated. He stated he is encouraged by the amount of participation regarding this issue. He stated he supports the recommendation presented. Councilmember Williams stated she supports the recommendation. She asked that there be study sessions with all of the City Councilmembers involved in these discussions. Councilmember Gutierrez stated he supports the recommendations. MOTION: Moved by Williams, seconded by Spagnolo to approve the Subcommittee's recommendations. Motion carried unanimously 5-0. II K. IDENTIFICATION OF ITEMS FOR THE NEXT MEETING II K1. Alexander asked that the reconsideration of appointments to SANBAG/Omnitrans be placed on the next agenda for discussion. City Council Minutes February 16, 2005 Page 15 [ L. PUBLIC COMMUNICATIONS No communication was made from the public. MOTION: Moved by Williams, seconded by Gutierrez to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 10:55 p.m. City Clerk Approved: March 16, 2005