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HomeMy WebLinkAbout2004/10/20 - Minutes October 20, 2004 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meetinq I A, It A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, October 20, 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 7:11 p.m. Present were Councilmembers: Rex Gutierrez, Robert J. Howdyshell, Donald J. Kurth, M.D., Diane Williams 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; Dawn Haddon, Pumhasing Manager; Sid Siphomsay, Information Systems Analyst; Mike Toy, Information Systems Specialist; Joe O'Neil, City Engineer; Mike TenEyck, Administrative Resource Manager; Bob Zetterberg, Integrated Waste Coordinator; Brad Buller, City Planner; Larry Henderson, Principal Planner; Mark Salazar, Code Enfomement Supervisor; Kevin McArdle, Communffy Services Director; Dave Moore, Recreation Superintendent; Francie Palmer, Marketing Manager; Paula Pachon, Management Analyst Ill; Deborah Clark, Library Director; Rosie Manella, Library Clerk; Captain Pete Ortiz, Rancho Cucamonga Police Department; Chief Peter Bryan, Rancho Cucamonga Fire Protection District; Duane Baker, Assistant to the City Manager; Kimberly Thomas, Management Analyst Il; Shirr'l Griffin, Office Specialist II - City Clerk's Office; and Debra J. Adams, City Clerk. ANNoUNCEMENTs/PRESE A oNS B1. Presentation of Proclamations to LA County Fair Community Heroes. The City Council presented Proclamations to Ken Almblad for his commitment to the DARE Program, Megan Daniels for her aCookies for Iraq' Program, Rcsie Manela for her Literacy Program at the Library and to Deborah Clark, Library Director, representing the Friends of the Library for their volunteerism, special programs, fundraising and the Friends of the Library Bookstore. Justin Bryan, a recipient of Ms. Daniels' cookies also participated in the presentation and told how grateful the troops were to receive the cookies. B2. Presentation of Certificates of Recognition to Miss Rancho Cucamonga and her Court. The City Council presented the Certificates of Recognition for their service and contributions to the community. B3. Presentation of a Proclamation to Toastmasters international, District 12, Rancho Cucamonga Club No. 5247 in recognition of the 80th Anniversary of the founding of Toastmasters International and the 15th Anniversary of the founding of District 12. The City Council presented the Proclamation to representatives from Toastmasters. [ C. puBLIC COMMUNICATIoNS' : II City Council Minutes October 20, 2004 Page 2 C1. John Lyons mentioned the DARE Program and wanted to get it back. He stated he likes to do election polls and made a prediction for the upcoming City Council race. He felt David Grossberg and Sam Spagnolo would win on November 2. He told about the meetings Councilmembers Williams and Gutierrez had back in 2002 and how they appointed Councilmembers Kurth and H0wdyshell. He felt if the Council had to appoint someone back in 2002, it should have been David Grossberg and Grace Curatalo. He told people to vote "no" on Kurth and Howdyshell. C2. Kelly Heilig referred to two kittens that are up for adoption and told people to call HOPE to arrange for the adoption. She also told about another pet adoption that had been arranged. C3. Melanie Ingram provided additional information about the appointments of Councilmembers Kurth and Howdyshell back in 2002. She commented on the information she presented at the last meeting and comments made by Councilmember Gutierrez. She stated C0nucilmember Kurth.made the statement that.the information presented at the last meeting was untrue, and Ms. Ingram added it is true. She asked the voting public hOt to vote for Kurth and Howdyshell. D, D1. 'Councilmember Gutierrez stated he does not want to rebut comments previously made. He stated he visited with some people about a crossing guard and that he will be working on that. He stated some people in Etiwanda had promises made to them about landscaping and that he is.working on that also. le commented on his newspaPer the Grapevine Press. He stated he would like to bring this back some day.if he can do it without it being a Conflict of Interest. He stated some of the firefighters are attacking the former Fire Chief, Dennis Michael, who had been the Fire Chief for 19 years. He stated Chief Michael never had a complaint filed against him in all his years of service. He felt all the fire union members care about is benefits .and salary.. He felt there needed to be a stop put to this. He provided additional information about the appointment of Councilmembers Kurth and H0wdyshell. He felt the Mayor has let three people take Over the meeting. He stated the Mayor has chosen two car~didates and that if they win, they will run City Hall. He fee if people want to vote for someone in public safety, they should vote for Dennis Michael. He asked people to say Uno" to union dominants. He asked people to vote for Bob Howdysheil, Don Kurth or Dennis Michael, and vote "no" on David Grossberg and Sam Spagnolo. He asked Mayor Alexander if he was.making deals with the union. Mayor Alexander responded no. D2. Councilmember Kurth stated the Alta Loma Riding Club Candidate's Forum was last night and he was proud to be part of it. He felt people should get involved and no what is going .on in the City. He mentioned Jack Frost and his wife Wendy, who had been having the problem with Iow flying aircraft over . their home and that he has. been trying to help them. He stated he has contacted some of our legislators to sea what they can do about this issue. He stated the FAA has contacted the Frost's so they can come · to their home to try to help them. He talked about Central Park and how proud he is of it. He mentioned the new fire station that recently opened and that another one will be built soon. He talked about the mall to open October 28, which will eventually include a Cultural Arts 'Center. He felt the growth should be managed in the City so there are not apartments all over the place. He felt traffic reduction and flow was very important. He felt developers should be accountable for traffic in the City..He felt schools were important and that the State should be putting money back into the schools. ' He mentioned graffiti removal in the City and how fast it is done. He asked people'to vote for him on November 2r'd. D3. Councilmember Howdyshell talked about the micro chipping that took place at the Animal Shelter. He commented on the large number of cats that were impounded and had an overhead picture showing this. He encouraged people to adopt them. He mentioned the seniors and the need ~or them to have ramps at the comers to make it easier for them to get around. City Council Minutes October 20, 2004 Page 3 D4. Councilmember Williams stated there was no secret meeting involving the appointments of Councilmembers Kurth and Howdyshell. She stated it was a totally legal meeting when she and Councilmember Gutierrez met. She stated if someone feels it was illegal they should press charges, She commented on Councilmember Kurth and his background being on the Water Board. She stated she had called Councilmember Howdyshell and talked tO him about being on the Council. She mentioned Councilmember Howdyst~ell's record while serving on the Library Board and the tough decisions he made while serving as President of the Board. She talked about the Rotary Exchange program and the people that came from Russia. She stated they met with she and City Manager Jack Lam and that they are banking professionals. She stated they are learning how American business works, She stated the old Ikea building on Etiwanda is going to become a compost facility, which will be open in about one year. She stated Measure I is very important and asked people to vote ~Jes' on this. She stated it is already being paid by the people, and that this is just a continuation of it if it is approved by the voters. She asked people to vote "yes" on lA also, which will save local money for cities. D5. Mayor Alexander stated he did go listen to.the Governor as did other Councilmembers. He stated he did go visit those venues that had water damage due to the rain. He thanked the staff that helped these people. He stated people do have the right to speak at Council meetings and that he will not stop them, He stated the fire salaries are surveyed and that fire department personnel get the mid-point on salaries. He stated every member of the City Council has to vote on the budget that approves the fire salaries. He stated neither the fire nor police are paid the highest compared to other cities. He indicated he has not stated there were any backroom deals made involving the appointments, that this is somebody else's words. He stated Councilmember Williams stated there was no interview process, but that in retrospect, there possibly should have been, with {he public being allowed to make comments. He commented on Councilmember Gutierrez's previous newspaper and the derogatory comments made in it about his 'wedding; He stated he did receive an apology letter signed by Councilmember Gutierrez who referred to himself as "the loose cannon." He stated he was glad the electoral process is in place. A recess was taken at 8:37 p.m. The meeting was called back to order at 8:57 p.m, with all Councilmembers present. El. Approval of Warrants, Register Nos. 9/28/04 through 10/12/04 and Payroll ending 10/12/04 for the total amount of $4,559,164.65. E2. Approve to receive and file current Investment Schedule as of September 30, 2004. E3. Approval tO authorize the advertising.of the "Notice Inviting Bids" for the Emergency Erosion Control Projects necessary in the wake of the Grand Prix Fire, to be funded from Acct. No. 102500153. RESOLUTION NO. 04-312 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR~ "EMERGENCY EROSION CONTROL PROJECTS NECESSARY IN THE WAKE OF THE GRAND PRIX FIRE" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS City Council Minutes October 20, 2004 Page 4 E4. Approval of Resolution to Rescind Resolution No. 03-167 and adopt New Salary Resolution for Fiscal Years 2004-2005 and 2005-2006. RESOLUTION NO. 04-313 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RESCINDING RESOLUTION NUMBER 03-167 AND IMPLEMENTING A SALARY RESOLUTION FOR FISCAL YEARS 2004/2005 AND 2005/2006 E5. Approval to appropriate $6,000 awarded by the California State Library into Library Expenditure Account. E6. Approval of an appropriation of $135,750 into account 1617000-4802 (developer deposit from BCA Development, Inc.) and $135,750 into account 1617303-5300 (Contract Service) for professional services related to the formation of Communibj Facilities district 2004-01 (Rancho Etiwanda Estates). E7. Approve Annual Software Maintenance with Dynix, Inc., for the period August '2004 - July 2005 in the amount of $20,744.95 from Acct. No. 1290601-5300. E8. Approval to declare surplus miscellaneous City-owned equipment. E9. Approval of a Resolution authorizing the 'destruction of City Records pursuant to California Govemment Code Section 34090, the City's Records Retention Schedule, and other applicable legal citations. RESOLUTION NO. 04-314 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO . CUCAMONGA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF ' CiTY RECORDS WHICH ARE NO LONGER REQUIRED AS SET FORTH IN CALIFORNIA GOVERNMENT CODE SECTION 34090 AND OTHER APPLICABLE LEGAL REFERENCES El0. Approval of a Resolution approving the Application for CCHE Grant Funds for the California Cultural and Historical Endowment (CCHE) under the California Clean Water, Clean Air, Safe Neighborhood parks and Coast Protection. Act of 2002. REsOLuTION NO. 04-315 A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPLICATION FOR CCHE GRANT FUNDS FOR THE CALIFORNIA CULTURAL AND HISTORICAL ENDOWMENT (CCHE) UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR~ SAFE NEIGHBORHOOD PARKS AND COAST PROTECTION ACT OF 2002 E11. Approval of release of an Agreement and Lien for payment of developer fees (Government Code Section 66007) for Tract 15814, located west of Rochester Avenue, south of Highland Avenue, submitted by Premier Rancho Cucamonga, 77 LTD, a California Corporation. RESOLUTION NO. 04-316 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RELEASING AN AGREEMENT AND LIEN FOR PAYMENT OF DEVELOPER FEES 1=ROM PREMIER RANCHO CUCAMONGA, 77 LTD, A CALIFORNIA CORPORATION City Council Minutes October 20, 2004 Page 5 E12. Approval of Map, Imprevement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for Pamel Map 16282, located on the northeast corner of Milliken Avenue and 4th Street, subm9itted by marketplace Covina, L.P., a California Limited Partnership and Campbell Holdings, a California General partnership. RESOLUTION NO. 04-317 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 16282, iMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY RESOLUTION NO. 04-318 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 16282 E13. Approval of Map, Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. I and Street Lighting Maintenance District Nos. I and 2 for Parcel Map 16482, located on the west side of He#man Avenue, south of Base Line Road and east of the cul-de- sac terminus of Eiger Way, submitted by Magyar Homes, LLC. RESOLUTION NO. 04-319 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 16482, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR PUBLIC STREET IMPROVEMENTS RESOLUTION NO. 04-320 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 PARCEL MAP 16482 E14. Approval to execute a contract renewal with Erncor Service/Mesa Energy Systerns of Irvine, California (CO 03-084), as a single source provider for HVAC Maintenance, repair and related energy management and building autornation services in the amount of $196,052 to include budgeted capital maintenance, and approval of extra work not to exceed $100,000 for fiscal year 2004-05, with an option to renew for additional one-year periods upon review and confirmation of pricing and mutual consent, to be funded from Accts. 1001312-5304, 1001316-5300, 1700201-5304, 1025001-5603 and 1025001-5304. E15. Approval of a Lease between the City of Rancho Cucamonga and Victoria Gardens Mall, LLC (CO 04-165) for an approximate 3,345 square feet of lease space in addition to exclusive patio and 8 parking spaces within Victoria Gardens to be used as a public safety office. E16. Approval of an arnendment to agreement (CO 04-166) for City supplemental funding for Fire Protection Services.. E17. Approval to authorize 1) appropriations into the attached listing of account numbers and amounts for a total of $1,358,690 ($710,610 Personnel Costs; $369,560 transfers out; $278,520 transfers in) to appropriate the cost of current year labor negotiations for City Employees; and 2) an unapprepriation of $588,000 from account number 1025000-4911 (Capital Reserve Fund) and appropriations of $588,000 City Council Minutes October 20, 2004 Page 6 into account number 1001000-4911 (General Fund) and $490,000 into account number 1001000-4401 to provide sources of revenue to fund the cost of current year labor negotiations. E18. Approval of Temporary Drainage Acceptance Agreement (CO 04-167) for Day Creek Intermediate School, located on the east side of Day Creek Boulevard, north of Wilson, submitted by Etiwanda School District.. RESOLUTION NO. 04-321 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE TEMPORARY DRAINAGE ACCEPTANCE AGREEMENT FOR ETIWANDA SCHOOL DISTRICT E19. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $157,325.90 to the apparent Iow bidder, Silvia Construction, Inc. (CO 04-168), and authorize the .expenditure of a 10% contingency in the amount of $15,732.59 for the Arrow Route Pavement Rehabilitation from Archibald Avenue to Hermosa Avenue, to be funded from Measure "t' funds, Acct. No. 11763035650/1370176-0. E20. Approval to accept the bids received, award and authorize the execution of the contract in the amount of $596,635.00 to the apparent Iow bidder, Pouk & Steinle, Inc., (CO 04-169), and authorize .expenditure of a 10% contingency in the amount of $59,663.50 for the 12 KV Electrical Distribution System Cabling, Connections, Equipment, Conduit and Substructure Project, to be funded from Municipal Utility Funds, Account No. 17053035650/1488705-0 and Account No. 17053035650/1489705-0 and .appropriate an additional amount of $47,108.25 to Account No. 17053035650/1488705-0 and $221,490.75 to Account No. 17053035650/1489705-0 from Municipal Utility Fund Balance. E21. Approval to execute an addendum to the Epicenter rental contract with' the Rancho Cucamonga · High School for Waiver of Rental.Fees associated with graduation ceremonies at the Rancho Cucamonga Epicenter in exchange for City use of the Rancho Cucamonga High School's gymnasium for the City's Youth Basketball Program for 2005 and 2006. · . E22. Approval to purchase one (1) lot of fitness equipment for Central Park from the Dumhall Man Fitness Equipment of Torrance, California in the amount of $38,749.48 and approve to transfer $38,749.48 from 1120305-5650/1343120-0 to Account No. 1120305-5603. E23. Approval to accept grant revenue in the amount of $130,270.00 awarded by the State of California Department of Housing and Community Development for the Code Enforcement Grant Program (CEGP) into Acct. No. 1244000-4740 (Grant Income); and authorization to appropriate $1,500.00 into Acct. No. 1244302-5604 (Capital Outlay.- Vehicles), $17,950.00 into Acct. No. 1244302-5605 (Capital Outlay - Computer Equipment), $4,000.00 into Acct. No. 1244302-5603 (Capital Outlay - Camera Equipment), $1,220.00 into Acct. No. 1244302-5285 (Capital Outlay - Safety Gear and Equipment), $1,200.00 into Acct. No. 1244302-5200 (Capital Outlay - Operations and Maintenance, $1,550.00 into Acct. No. 1244302-5300 (contract Services). E24. Approve Annual Support Agreement with Sungard Bi-Tech Inc., (CO 04-155) for the support pedod September 2004 - September 2005 in the amount of $61,484.57 from Account 1714~001-5300 for fiscal year 04/05 and approve an option to renew, upon mutual consent, a yearly·support agreement for an additional two (2) years... · . · E25. Approval to accept the ADA 2003/2004 Access Ramp and Drive Approach Improvements, Contract · . No. 04-068, as complete, 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 $85,268.25. City Council Minutes October 20, 2004 Page 7 RESOLUTION NO. 04-322 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE ADA 2003/2004 ACCESS RAMP AND DRIVE APPROACH IMPROVEMENTS, CONTRACT NO. 04-068 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E26. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for Improvements for Tract 16058, located west side of Amhibald Avenue, south of Sixth Street, submitted by Centex Homes. RESOLUTION NO. 04-323 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC · IMPROVEMENTS FOR TRACT 16058 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E27. Approval to accept the Milliken Avenue/Wilson Avenue Extension, Milliken Avenue from 1380' north of Banyan Street to Wilson Avenue and Wilson Avenue from Day Creek Channel to Milliken Avenue, Contract No. 04-008 as complete, retain the Faithful Performance Bond as a Guarantee Bond, ralease the Labor and Material Bond, and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $591,308.77. RESOLUTION NO. 04-324 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE MILLIKEN AVENUE/WILSON AVENUE EXTENSION, MILLIKEN AVENUE 1380' NORTH OF BANYAN STREET TO WILSON AVENUE AND WILSON AVENUE FROM DAY CREEK CHANNEL TO MILLIKEN AVENUE, CONTRACT NO. 04-008 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Kurth, seconded by Williams to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 5-0. II ~.~ CoNsENT ORDINANcEs No Items Submitted. [I G. ADVERTISED PUBLIC HEARINGS · ' ~ I Gl. CONSIDERATION OF THE REPEAL OF ORDINANCE 730 ADOPTED ON JULY 21, 2004, AND THE ADOPTION OF ORDINANCE NO. 730A REPLACING THE AFOREMENTIONED ORDINANCE APPROVING DEVELOPMENT AGREEMENT DRC2003-00411 BETWEEN THE CITY OF RANCHO CUCAMONGA AND TRAIGH PACIFIC FOR THE PURPOSE OF DEVELOPING AN APPROXIMATE City Council Minutes October 20, 2004 Page 8 168.77 ACRE SITE WITH UP TO 269 RESIDENTIAL LOTS, FOR PROPERTIES GENERALLY LOCATED NORTH OF THE LOWER SCE CORRIDOR BETWEEN ETIWANDA AVENUE AND EAST AVENUE ~- APN: 0225-083-05, 06, 07, 10, 22, 23, 25 AND 26 AND 0225,084-02. Staff report presented by Larry Henderson, Principal Planner. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 730A. ORDINANCE NO. 730A (first reading) AN ORDINANCE OF THE CITY CouNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT DRC2003-00411, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND TRAIGH PACIFIC FOR THE PURPOSE OF DEVELOPING AN APPROXIMATE 168.77 ACRE SITE WITH UP TO 269 RESIDENTIAL LOTS, FOR PROPERTIES-GENERALLY LOCATED NORTH OF THE LOWER SCE CORRIDOR BETWEEN ETIWANDA AVENUE AND EAST AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF, AND REPEALING - ' ORDINANCE NO. 730 - APN: 0225-083-05, O6, 07, 10, 22, 23, 25, AND 26 AND 0225-084-02 MOTION: Moved by Williams, Seconded by Gutierrez to waive full reading and set second reading of Ordinance No. 730A for the November 3, 2004 meeting. Motion carried unanimously 5-0. G2. CONSIDERATION OF A REVISED NON-DISPOSAL FACILITY ELEMENT OF THE CITY OF RANCHO CUCAMONGA'S WASTE DIVERSION PROGRAM AND SUBMITTAL OF SAID REVISED ELEMENT TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD A Staff-report was presented by Bob Zetterberg, Integrated Waste Coordinator. Councilmember Howdyshell asked foi: more details about the facility and what mitigation will be used to eliminate some of the problems associated with this. Bob Zetterberg~ Integrated Waste Coordinator, informed the Council about some of the systems thy will have and stated there will be no odor from this facility. He stated it will be a very clean and odorless facility. He felt this would be a very exciting pi'oject for the City. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. RESOLUTION NO. 04-325 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE NON-DISPOSAL FACILITY ELEMENT (NDFE) MOTION: Moved by Howdyshell, seconded by Gutierrez to approve Resolution No. 04-325. Motion carried unanimously 5-0. G3. CONSIDERATION OF AN ORDINANCE TO ADOPT A NEW CHAPTER 3.46 WITHIN TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE FOR THE PURPOSE OF ESTABLISHING ELECTRIC · RULES AND RATE SCHEDULES AND RELATED REGULATIONS . A staff report was presented by Mike TenEYCk, Administrative Resource Manager. city Council Minutes October 20, 2004 Page 9 Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. Debra J. Adams, City Clerk, read the tile of Ordinance No. 736. ORDINANCE NO. 736 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A NEW CHAPTER 3.46 WITHIN TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE FOR THE PURPOSE OF ESTABLISHING ELECTRIC RULES AND RATE SCHEDULES AND RELATED REGULATIONS MOTION: Moved by Howdyshell, seconded by Williams to waive full reading and set second reading of Ordinance No. 736 for the November' 3, 2004 meeting. Motion carried unanimously 5-0. No Items Submitted. [] , L CITY MANAGER'S STAFF REPORTS I1. WEST NILE VIRUS UPDATE (Oral) A staff report was presented by Mark Salazar, Code Enfomement Supervisor, stated the level cf the West Nile Virus is declining, but didn't want people to think they can start neglecting their swimming pools. ACTION: Report received and filed. 12. APPROVAL OF A RESOLUTION APPROVING THE CiTY OF RANCHO CUCAMONGA LOCAL HAZARD MITIGATION PLAN A power point presentation (on file in the City Clerk's office) was given by Peter Bryan, Fire Chief. Councilmember Kurth asked where Rancho Cucamonga stands in relation to being p~epared for a disaster. Peter Bryan, Fire Chief, stated there are some additional things that need to be done as the budget allows for them, but felt the City is prepared. RESOLUTION NO. 04-326 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE LOCAL HAZARD MITIGATION PLAN IN ACCORDANCE WITH THE FEDERAL · EMERGENCY MANAGEMENT AGENCY (FEMA) REQUIREMENTS MOTION: Moved by Kurth, seconded by Howdyshell to approve Resolution No. 04-326. Motion carded unanimously 5-0. City Council Minutes October 20, 2004 Page 10 II J. COUNCIL BUSINESS II Jl. PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE Councilmember Gutierrez asked if the flu shot clinic is still on for October 29. Community Services Department stated yes. [I ' K. IDENTI~CATION OF ITEMS FOR THE NEXT MEETING No items were identified for the next meeting. , , L. PUBLIC COMMUNICATIONS L1. John Lyons stated he did not realize Ocuncilmember Gutierrez's hatred for the ~=ire Department was .so great. He pointed out these people save lives. He stated there are fourteen positions that are not filled and that is why they get so much overtime and make the amount of money they do. He wanted the ~Cire. Department staff tO know they are appreciated. 1.2. Dawn Penwater wanted to show the pictures that Councilmember Howdyshell referred to earlier showing the cats that were in the dog run. She felt that they should be put in cat cages. L3. David Dykstra felt the conditions in the animal shelter should be fixed. He stated he did not like the mudslinging 'with the election and felt sometimes comments are made that are not completely understood. ~ ~ ~ M. ADJOURNMENT MOTION: Moved by Gutierrez, seconded by Howdyshell to adjoum. Motion carried unanimously 5-0. The meeting adjourned at 9:32 p.m. Re..spectfully submitted, City Clerk Approved: December 1,2004