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HomeMy WebLinkAbout2005/09/07 - Minutes September 7, 2005 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting II ^. I A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, September 7, 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 7:10 p.m. Present were Councilmembers: Rex Gutierrez, L. Dennis Michael, Sam Spagnolo, Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; Pamela Easter, Deputy City Manager; James Markman, City Attorney; Linda D. Daniels, Redevelopment Director; James C. Frost, City Treasurer; Larry Temple, Administrative Services Director; Sam Davis, Information Systems Specialist; Ingrid Bruce, GIS/Special Districts Supervisor; Joe O'Neil, City Engineer; Karen McGuire-Emery, Sr. Park Planner; Mike TenEyck, Administrative Resource Manager; Dan Coleman, Interim City Planner; Francie Palmer, Marketing Manager; Paula Pachon, Management Analyst III; Deborah Clark, Library Director; Captain Pete Ortiz, Rancho Cucamonga Police Department; Chief Peter Bryan, Rancho Cucamonga Fire Protection District; Kimberly Thomas, Management Analyst III; Fabian Villenas, Management Analyst II; Kathy Scott, Deputy City Clerk; and Debra J. Adams, City Clerk. II B. ANNOUNCEMENTS/PRESENTATIONS I No announcements/presentations were made. II c. PUBLIC COMMUNICATIONS I Cl. Jim Townsend stated he is representing Rancho Cucamonga Firefighters tonight and commented on their Fire and Dice event to take place September 24. He stated the Mark Christopher Golf Classic will also be coming up within the next week and that the fire fighters will be marshalling the 9th hole. He stated in January of this year they presented information indicating that the fire department was lacking in various areas. He stated a strategic plan has been presented and that they have requested the funding sources be identified for the changes that are needed as listed in the strategic plan. He stated the Fire District provides the highest quality services to the community and will continue to do so. He stated they would like to have a construction schedule for the new stations that are needed. C2. Hilda Phillips stated she is part of In Home Special Services for people that need aid. She commented on Nicole Myerchin's efforts that were brought up under the Redevelopment Agency agenda. She said she wants to help the seniors however she can. C3. Steven Wagner, with the Mark Christopher Golf Classic, stated they are working hard on the upcoming tournament, which will be televised. He thanked the Council for their support. He stated this would be a first class event. Mr. Wagner stated this tournament started six years ago, and they have come a long way. He stated they are very proud of this event. He stated they would be giving over $1,000,000 to charity this year, including the Katrina victims. City Council Minutes September 7, 2005 Page 2 C4. Bob Visconti, Public Affairs Manager with the Gas Company, stated people know'Bob Cruz from the past as the Public Affairs Manager, but that he will be moving to a different area of the company. He stated he would now be representing Rancho Cucamonga and Fontana. He stated he is delighted to be here and is looking forward to working with everyone. C5. Frank Usher stated REI is inviting everyone to a volunteer service project on September 24 from 8:00 a.m. - 2:00 p.m. at the Lytle Creek Ranger Station, the San Bernardino National Forest. He told what would take place at the event. He invited everyone to participate. He stated they do need volunteers. He stated they would be doing these types of events quarterly. He felt this would be giving something back to the community by doing this. C6. Peter Bryan stated on behalf of the Police and Fire Departments they will be hosting a 9-11 memorial this Sunday from 8:30 to 9:00 a.m. at City Hall. He invited everyone to attend this event. Councilmember Spagnolo stated Bill Spade, a fireman from New York, will be at this event and has quite a story to tell about what happened on 9-11. He stated the Freedom's Flame organization will also be there and will be displaying the fire truck and steel from the 9-11 disaster. C7. Alan Hostetter stated he is very proud to live in Rancho Cucamonga, and felt it is a model City in which to live. He stated he represents residents around the 19th, Fairmont and Milliken Street areas. He stated they do not want to have Highland re-opened. He stated his group of residents formed after Councilmember Gutierrez had a neighborhood meeting in August. He stated Rex told them it might be difficult to close Highland because of a potential lawsuit with the Albertson's at Kenyon and Milliken. He stated they did check into this and there was no lawsuit flied. He stated this misstatement of Albertson's position has caused them to wonder what is happening. He stated they want to keep Highland closed because they felt it would negatively impact their quality of life. He asked to be kept informed whenever there are discussions about this. He also asked that this area be kept clean and monitored by law enforcement. Councilmember Gutierrez stated he did make a misstatement during this community meeting about the possibility of litigation with Albertson's. He stated this is not the case. He stated he felt it was the owner of the center that was complaining about this remaining closed. He stated this issue would come up by the end of the year because of a study that is being done. C8. Gary Lacy, Jennet Street, stated on August 3rd he presented two agenda items to be implemented to better serve the community. He stated the first one was a protocol matter for Council meetings. He stated the second agenda item is the selection of an unbiased panel that have no affiliation with anyone at City Hall to discuss all aspects of public safety including the strategic plan. He felt fire department personnel and their local union should stay out of local politics. He felt the unbiased citizenry should have input. He stated he is still looking for an apology from Bill McCliman 5ecause of false statements directed at him. He felt the City should write a letter to Mr. McCliman asking him to apologize to him and also the City of Rancho Cucamonga for his slanderous statements. He also felt the City should put in a litter to Mr. McCliman demanding a correction or explanation to his public statement indicating he knew that the fire strategic plan was a good plan, which would indicate he had former knowledge of its content before the plan was revealed publicly. He felt Mr. Townsend should apologize for the misstatement he made in the newspaper about response times. C9. Chris Kuzinski, Marble Avenue, didn't know what Mr. Lacy was talking about regarding apologies, etc. but felt they need a fire station up in his area. He stated he had talked to Councilmember Gutierrez about this when he ran for election in the past, and added that he voted for him, but would not vote for him again. He felt the City Council has a responsibility to the community. He hoped the Council would get on the ball because he felt the funding and resources are there to do this. City Council Minutes September 7, 2005 Page 3 C10. John Lyons, Etiwanda area, thanked the City for the great event when President Bush was here. He stated it was an honor to have the President in Rancho Cucamonga. He stated he was impressed with Councilmember Gutierrez's confession tonight. He felt the people that live near the Colonies project are in danger of flooding and felt the area should be kept open space and not developed. Cll. Nicole Myerchin asked that Consent Calendar item No. 5 be removed for discussion. She mentioned Mr. Lacy's comments and felt the staff report was very accurate. She asked when the meeting with Mr. Winograd would be held to discuss his report. She stated the public would love some input and that she has some great concern. She commented on the information Mr. Winograd presented regarding the Director's position and felt this should be looked at regionally. She had various questions about what was written in Mr. Winograd's report. C12. Bill McCliman thanked the Mayor and Jack for a senior citizen issue that he brought to the Council at a previous meeting. He also commented on the Concerts in the Park and great event it was. He wondered if the City was prepared for the big one or huge earthquake. He asked if there were the personnel in fire and police to respond to this to take care of the community. He felt the strategic plan should be adopted and more safety personnel hired in case the big one hits. He didn't realize that what he had to say was so important as identified by Mr. Lacy. He stated everyone has the right to voice opinions and say what they want, and felt this should be protected. C13. Leslie Grimes stated she does like responsible development, but felt what the Colonies project did in the Cucamonga Creek area is wrong. She felt any development in the Deer Creek Basin is wrong because they are flood control areas. She stated it is unsafe to build there. She stated people in New Orleans have died because the levy broke. She did not want to see this in our City. She asked that this area be protected and not put the people in danger. She asked people to do the right thing. C14. Matt Jones felt there is a lot that needs to be corrected because of what happened in the south. He stated people died because the officials did nothing. He stated the City failed to act because they knew the situation they were in. C15. Alan Randall on Charleston Street stated he attended the neighborhood meeting that Councilmember Gutierrez held, and felt it was not a very good scene. He mentioned comments made to him by Councilmember Gutierrez about the possible litigation. James Markman stated anyone can address the Council, and all they have to do is identify themselves. He stated they are not required to give an address. He stated everyone has a first amendment right at Council meetings. He stated if there is slander going on between two citizens, the City couldn't do anything about this. Mayor Alexander felt people do have the right to free speech, including at Council meetings. C16 Madhu S. Mohanty - Request for the City of Rancho Cucamonga to consider subsidizing Metrolink commuters. Not present. I[ D. CoNsENT [ D1. Approval of Minutes: June 6, 2005 (Joint Mtg.) August 15, 2005 (Special Mtg.) August 17, 2005 August 23, 2005 (Special Mtg.) City Council Minutes September 7, 2005 Page 4 D2. Approval of Warrants, Register 8/10/2005 through 8/30/05 and Payroll ending 8/30/05, for the total amount of $7,833,001.00. D3. Approval to appropriate $60,112 from Community Development Technical Services Fund (AB 1600) into Acct. No. 1016301-5300 to fund temporary personnel as a result of increased demands for service from support personnel due to new development in the City. D4. Approval to appropriate $52,000 from the Community Development Technical Services Fund (AB 1600) into Acct. No. 1016301-5300 to fund temporary personnel due to increased demands for GIS services in public safety due to new development in the City. D5. Approval of one time support from the County o¢ San Bernardino in the amount of $300,000 for the library portion of the Victoria Gardens Cultural Center Project into Acct. No. 1312000-4740 and approval of a budget appropriation in the amount of $300,000 into Acct. No. 1312602-5650/1357312-6314. REMOVED FOR DISCUSSION BY NICOLE MYERCHIN. D6. Approval of a Public Convenience and Necessity, DRC2005-00842 - 7-Eleven, Inc., for a Type 20 off-sale beer and wine license for a convenience store in the Industrial Park District, located on the northwest corner of Haven Avenue and Sixth Street - APN: 0209-262-19 and 20. RESOLUTION NO. 05-246 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE AND NECESSITY FOR THE ISSUANCE OF A TYPE 20 OFF-SALE BEER AND WINE LICENSE FOR A CONVENIENCE STORE IN THE INDUSTRIAL PARK DISTRICT, LOCATED ON THE NORTHWEST CORNER OF HAVEN AVENUE AND SIXTH STREET; AND MAKING FINDINGS IN SUPPORT THEREOF; APN: 0209-262-19 AND 20 D7. Approval of the Annexation to Landscape Maintenance District No. 2 and Street Lighting Maintenance District Nos. 1 and 3 for 7066 Etiwanda Avenue, located on the west side of Etiwanda Avenue between Base Line Road and Victoria, submitted by Stevie and Cynthia Bullington. RESOLUTION NO. 05-247 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 3 FOR 7066 ETIWANDA AVENUE (APN: 1089-071-25) DS. Approval of the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for 10253 24th Street, located on the south side of 24th Street east of Hermosa Avenue, submitted by Martin A. Gonzalez. RESOLUTION NO. 05-248 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 10253 24TM STREET (APN: 0209-112-08) City Council Minutes September 7, 2005 Page 5 D9. Approval of Improvement Agreement, Improvement Securities, Maintenance Agreement and Ordering the Annexation to Landscape Maintenance District No. 7 and Street Lighting Maintenance Districts Nos. 1 and 7 for Rancho Etiwanda Estates infrastructure (Tentative Tracts 16226 and 16227), located north of the extension of Day Creek Boulevard and west of Etiwanda Avenue, submitted by JTY Investment, LLC. RESOLUTION NO. 05-249 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR RANCHO ETIWANDA ESTATES INFRASTRUCTURE (TENTATIVE TRACTS 16226 AND 16227) RESOLUTION NO. 05-250 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING MAII~TENANCE AGREEMENT AND LICENSE FOR RANCHO ETIWANDA ESTATES INFRASTRUCTURE (TENTATIVE TRACTS 16226 AND 16227) RESOLUTION NO. 05-251 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 RANCHO ETIWANDA ESTATES INFRASTRUCTURE (TENTATIVE TRACTS 16226 AND 16227) D10. Approval of Map, Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 7 and Street Lighting Maintenance District Nos. 1 and 7 for Tract Map 16227, located at the northwest corner of Day Creek Boulevard and Etiwanda Avenue, submitted by K. Hovnanian at Rancho Etiwanda, LLC.. RESOLUTION NO. 05-252 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 16227, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO. 05-253 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 16227 Dll. Approval of Map, Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 7 and Street Lighting Maintenance District Nos. 1 and 7 for Tract Map 16227-1, located on the north side of Day Creek Boulevard west of Etiwanda Avenue, submitted by Meritage Homes of California, Inc. City Council Minutes September 7, 2005 Page 6 RESOLUTION NO. 05-254 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHQ CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 16227-1, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO.05-255 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 NUMBER 16227-1 D12. Approval of Amendment No. 3 to City of Rancho Cucamonga, Rancho Cucamonga Redevelopment Agency and the Rancho Cucamonga Chamber of Commerce Agreement for a Plan of Cooperative Action for Economic Development (CO 99-066/RA 99-017). D13. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $153,781.00 to the apparent Iow bidder, CS Legacy Construction, Inc. (CO 05-082), and authorize the expenditure of a 10% contingency in the amount of $15,378.10, for the Victoria Gardens Lane Median Island Rockscape Improvements from Day Creek Boulevard to Church Street, to be funded from CFD 2003-01 funds, Acct. No. 16143035650/1442614-0 and appropriate $169,159.10 (contract award of $153,781.00 plus 10% contingency in the amount of $15,378.10) to Acct. No. 16143035650/1442614-0 from CFD 2003-01 fund balance. D14. Approval of a Resolution and a Cooperative Agreement between the City of Rancho Cucamonga and the State of California (CO 05-083) for the improvement of the northbound 1-15 Freeway off-ramp at Foothill Boulevard. RESOLUTION NO. 05-256 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A COOPERATIVE AGREEMENT BETWEEN THE CITY AND THE STATE OF CALIFORNIA D15. Approval of Improvement Agreement Extension for Tract 16454, located at the southeast corner of Base Line Road and Etiwanda Avenue, submitted by KB Home Greater Los Angeles, Inc. RESOLUTION NO. 05-257 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16454 D16. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for improvements for PM 15665, located at 6th Street and Santa Anita Avenue, submitted by Paragon Santa Anita, LLC. RESOLUTION NO. 05-258 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PM 15665 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK City Council Minutes September 7, 2005 Page 7 D17. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for improvements for PM 16118, located on the east side of Charles Smith Avenue and south of San Marino Drive, submitted by RSCS, LLC. RESOLUTION NO. 05-259 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PM 16118 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK O18. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for improvements for Tract 16237, located on the south side of Wilson Avenue, approximately 200 feet west of Haven Avenue, submitted by Stonebridge Rancho Cucamonga, LLC. RESOLUTION NO. 05-260 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16237 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D19. Approval to accept Storm Drain Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for storm drain improvements for PM 16245 (storm drain), located at the northwest corner of 4~h Street and Milliken Avenue, submitted by Jefferson on Fourth, L.P. RESOLUTION NO. 05-261 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC STORM DRAIN IMPROVEMENTS FOR PM 16245 (STORM DRAIN) AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D20. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for improvements for Tract 16615, located on the northwest corner of Long Meadow Drive and Victoria Park Lane, submitted by Standard Pacific / Victoria Arbors, LLC. RESOLUTION NO. 05-262 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16615 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D21. Approval to accept the Traffic Signals and Safety Lighting at the intersection of Victoria Street and Etiwanda Avenue, Contract No. 03-133 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 $153,900.00. RESOLUTION NO. 05-263 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF VICTORIA STREET AND ETIWANDA AVENUE, CONTRACT NO. 03-133 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK City Council Minutes September 7, 2005 Page 8 D22. Approval to release the Faithful Performance Bond No. 08658613 in the amount of $278,938.00 for the Arrow Route Pavement Rehabilitation from Haven Avenue to Milliken Avenue, Contract No. 04-001. D23. Approval to release the Faithful Performance Bond No. 837663P in the amount of $74,236.21 for the Beryl Community Trail from Hillside Road to north of Almond Street, Contract No. 04-022. D24. Approval to accept the traffic signals and safety lighting at Los Osos High School, Contract No. 04- 028 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 $194,424.00. RESOLUTION NO. 05-264 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE TRAFFIC SIGNALS AND SAFETY LIGHTING AT LOS OSOS HIGH SCHOOL, CONTRACT NO. 04-028, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Michael, seconded by Gutierrez to approve the staff recommendations in the staff reports contained within the Consent Calendar with the exception of item D5. Motion carried unanimously 5-0 DISCUSSION OF ITEM 5 AS REQUESTED BY NICOLE MYERCHIN. Approval of one time support from the County of San Bernardino in the amount of $300,000 for the library portion of the Victoria Gardens Cultural Center Project into Acct. No. 1312000-4740 and approval of a budget appropriation in the amount of $300,000 into Acct. No. 1312602-5650/1357312-6314. A staff report was presented by Jack Lam, City Manager. Nicole Myerchin asked why we were going to take $300,000 from the County this evening when we are going to give back to them this amount in attrition costs for the shelter takeover. Jack Lam, City Manager, stated this was $300,000 in grant funds. Ms. Myerchin felt this was strange when we are gong to pay them back this money in attrition costs. Jack Lam, City Manager, stated these are different things or separate issues. Coucilmember Michael talked about the grant monies the County has given to the City and thanked Supervisor Biane for his help. MOTION: Moved by Michael, seconded by Williams to approve the staff recommendation in Item D5. Motion carried unanimously 5-0. II I No items submitted. City Council Minutes September 7, 2005 Page 9 I] F. ADVERTISED PUBLIC HEARINGS I Fl. CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, ADOPTING ELECTRIC RATES, FEES AND CHARGES PURSUANT TO THE REQUIREMENTS AND AUTHORITY OF CHAPTER 3.46 OF TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE A staff repod was presented by Mike TenEyck, Administrative Resource Manager. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. RESOLUTION NO. 05-265 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING ELECTRIC RATES, FEES AND CHARGES PURSUANT TO THE REQUIREMENTS AND AUTHORITY OF CHAPTER 3.46 OF TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE MOTION: Moved by Spagnolo, seconded by Michael to approve Resolution No. 05-265. Motion carried unanimously 5-0. II ~. PUBLIC HEARINGS I · No items submitted. No items submitted. II ~. CouNciL BUSINESS I I1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Councilmember Michael felt a letter should be generated to Albertson's that we appreciate them being in the City and want them in our community. He stated people have asked if we are prepared for the big one, and felt California has the premier mutual aid system in the Country in case there is a disaster. He stated he is very proud to be representing the City because of all of the wonderful things going on here. He stated the staff did a great job when President Bush visited last week and commended everyone for all their work. City Council Minutes September 7, 2005 Page 10 Councilmember Williams encouraged all bicycle enthusiasts to attend the meeting to be held at the new community center to discuss the pacific electric trail. She stated the legislature is ready to recess. She talked about all the bills that our lobbyist and City staff are monitoring. She mentioned the President and Laura Bush were here, and stated she was sorry to have missed it, but heard everything went beautifully. She stated there was even a picture in the Tacoma Newspaper where she was at the time. Councilmember Gutierrez stated he appreciated the people from our community that have come forward to help those in the south. He felt it would be a great idea to send a letter to Albertson's as suggested by Councilmember Michael. He commented on the man that said he had promised him a fire station, and added the City Council cannot always do what they would like to. He commended Mr. Lacy for using his right to free speech. Councilmember Spagnolo stated people always need to be prepared for any disaster, and that people need to know what to do because you cannot always rely on the City for help. He stated the schools, the City, Police and Fire Departments all have emergency plans and that all the residents need to have emergency plans as well. He stated on September 1 Ron Ives was honored after losing his life last year, and stated there is a plaque of him in the courtyard at the Civic Center complex. Mayor Alexander encouraged people to help those from the south. He stated we are looking for ways the City can provide direct aid. He mentioned the 9-11 ceremony to be held Sunday at 8:30 a.m. at City Hall. He stated he has problems with the comments made by Mr. Lacy in his letter. 12. CONSIDERATION OF PROPOSAL FOR THE FREEDQM'S FLAME MEM©RIAL TO BE LOCATED AT CENTRAL PARK (CONTINUED FROM JULY 6, 2005) Mayor Alexander announced this item was inadvertently placed on this agenda, but that it would return at the September 21 meeting for discussion. 13. C©NSIDERATION OF 'FVVO JOINT COMMUNITY FACILITY AGREEMENTS WITH ETIWANDA SCHQOL DISTRICT (CO 05-084 & CO 05-085) A staff report was presented by Ingrid Bruce, GIS Supervisor. Councilmember Michael commented on the goals that the Council adopted regarding community facilities districts (CFD's) and wanted to make sure the Etiwanda School District has complied with all of these. Ingrid Bruce, GIS/Special Districts Supervisor, stated yes. Mayor Alexander asked the City Manager if there is any negative to this. Jack Lam, City Manager, stated current standards have been met on the City's part and that it is up to the Council which action they take, but that the School District has met all the standards. Councilmember Spagnolo stated he has a problem with the School District taking the lead on this. Councilmember Michael asked what the School District is asking for. Ingrid Bruce, GIS/Special Districts Supervisor, stated $5,000,000+. Councilmember Michael stated he does not disagree with what Councilmember Spagnolo stated, but that he is conflicted with this. He stated he might approve this one, but felt the City has managed CFD's very well in the past on their own. He felt we should maintain good relations with the School District and consider approving this one, but wasn't sure about any for the future. City Council Minutes September 7, 2005 Page 11 Mayor Alexander stated the relinquishment bothers him a lot and felt this might be taking a step in the wrong direction. Councilmember Williams asked how we fix it to make us the lead agency. Ingrid Bruce, GIS/Special Districts Supervisor, didn't think we could fix this one, but not enter into anymore of these in the future. Councilmember Spagnole asked what would happen if the City does not approve this. Ingrid Bruce, GIS/Special Districts Supervisor, stated they can still move ahead with the CFD. Councilmember Michael felt if this is not approved, the City could go back and establish our own CFD. He felt in the future we should not enter into any joint CFD's and that we should run our own show. Mayor Alexander opened the meeting fer public input. Addressing the City Council was: John Lyons asked what would happen to the CFD if all School Districts unified. Ingrid Bruce, GIS/Special Districts Supervisor, stated that whomever took over all of the School Districts would take over the CFD. There being no further input, public comments were closed. RESOLUTION NO. 05-266 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FORMS OF TWO JOINT COMMUNITY FACILITIES FINANCING AGREEMENTS PERTAINING TO THE ETIWANDA SCHOOL DISTRICT PINEHURST PUBLIC FACILITIES COMMUNITY FACILITIES DISTRICT NO. 2005-1 MOTION: Moved by Michael, seconded by Gutierrez to approve the first recommendation (Resolution No. 05-266). Motion carried 4-1 (Spagnolo voted no). 14. CONSIDERATION OF AMENDMENTS TO EXISTING CONTRACTS WITH THE COUNTY OF SAN BERNARDINO - Amendment No. 1 to San Bernardine County Contract No. 96-872 (CO 96-047) for animal control services, and Amendment No. 1 to San Bernardino County Contract No. 01-869 (CO 96- 048) for animal shelter services. A staff report was presented by Pamela Easter, Deputy City Manager. Councilmember Gutierrez stated he would like to hear from Nathan Winograd of No Kill Solutions on the City taking over the facility. Mr. Winograd, No Kill Solutions, stated it usually takes about a year to do this, which is an ideal timeframe. He felt the suggested April 30 date is going to be a challenge, but that it is better than January 31. Councilmember Gutierrez questioned the 5-day hold on animals required by the Hayden law. Councilmember Michael asked if there could be a 30-day hold. Mr. Winograd, No Kill Solutions, suggested that first of all there be an architect familiar with designing shelters. He continued talking about what is required in the design in order to be able to do this. He did not think there should be a flat rule of 30 days because of the sick animals that could be at the shelter there, but that this should apply to the animals that are well and adoptable. City Council Minutes September 7, 2005 Page 12 Mayor Alexander stated the 30-day hold was put in place because of how the County was handling the shelter with regards to the animals. He asked if there are laws broken are we going to enforce them. Jim Markman, City Attorney, stated any felony or penal code violation would be handled the way any other violation of this nature would be handled. Mr. Winograd, No Kill Solutions, felt the Council is on the right track with the 30-day hold. He felt the conditions would improve at the shelter once the City takes over. He hoped things would continue to improve until the City takes over. Mayor Alexander stated he has witnessed things at the shelter that he does not like with regards to how the animals are treated. Mr. Winograd, No Kill Solutions, stated this would not happen in the City's shelter. Mayor Alexander stated he likes the idea of veterinary service at the shelter to look after the animals. Councilmember Michael asked about the responsibilities of the Vet Technicians. Pamela Easter, Deputy City Manager, stated they would be given instruction by the Veterinarian on what to do with the animals if they needed something. Mr. Winograd, No Kill Solutions, felt doing this would be the most cost effective way to get to a "no kill shelter." Jack Lam, City Manger, stated he would like to comment on Nicole Myerchin's previous comments about the salary for the Director position. He told how positions are benchmarked and are comparable to the market place. He stated salaries are not made up, that they are benchmarked. Mayor Alexander opened the meeting for public input. Addressing the City Council were: Nicole Myerchin read information from current County contracts. She felt we were throwing out more money for less service than what we are currently getting. She continued to talk about how poor the animal shelter is run. She stated she is appalled over this. She did not think Paul Biane is looking out for us based on how this thing is being handled. She commented on the duties of the Vet Tech and their level of responsibility. She commented on the salary of the Director and did not agree with how the City is establishing this. She felt instead of giving the money to the County, there were other things the City needs to use this money for. John Lyons felt the County contract should be terminated tonight and let Mark Salazar and Alison Rowlen of Code Enforcement run the animal control services. He felt Nicole should be made the Director. A lady (did not identify herself) asked if there is a study session scheduled soon. Pamela Easter, Deputy City Manager, stated they are looking at scheduling this in early October. Pamela Easter, Deputy City Manager, commented that the 30-day hold means to hold animals as long as they can to encourage adoption. She read from the agreement that indicates this. The lady (who did not identify herself) thanked everyone for their attention to this issue. She thanked Nathan also for his hard work. She hoped there are no political games going on with this transition. Leslie Grimes commented on holding animals and asked what the time would be according to state law. James Markman, City Attorney, stated it is done per the Agricultural Code. City Council Minutes September 7, 2005 Page 13 Mr. Winograd, No Kill Solutions, stated a dog would get a minimum of 4 days after the day it is impounded. Bill McCliman felt the 30-day hold was already voted on. He didn't understand how the County c.an say no to anything the City wants to do pertaining to the shelter. James Markman, City Attorney, commented on the negotiation process to get the best deal it can. Bill McCliman asked that the report identify in easier terms what the County is going to receive. Elton Ceury stated he has been following this issue very closely. He felt progress is being made towards a no kill shelter. There being ne further public input, public comments were closed. Mayor Alexander stated Supervisor Biane does have a representative here taking notes on things being done. Councilmember Spagnole stated Mr. Winograd's report shows us why we can't move any faster than April 30. He stated staff is really being pushed to get a good Director for the shelter. He stated this is a tough situation. He stated this isn't where we want to be, but that is where we are. He stated he appreciates Mr. Winograd's report. He stated it won't be a no kill shelter on the first day, but we will work towards that. Mayor Alexander felt there was a little play in the Director's salary. He stated he didn't agree with it and everything that is being proposed, but hoped the County Supervisor's office would check out what is going on with County staff at the shelter. MOTION: Moved by Alexander to adopt staff's recommendation. Councilmember Michael stated he is not 100% in favor of the proposal. He asked that there be a process adopted for this attrition aspect. He encouraged the County to keep the shelter as full as possible. He wished everyone will work together. Seconded by Michael to approve staff's recommendation. Councilmember Gutierrez stated he agreed with the majority of what has been proposed. He stated Mr. Winograd has been hired by the City and he has put a let of time into this. He felt Mr. Winograd knew what he was doing. Councilmember Williams felt efforts were being made regarding adoptability, and that we should continue working with the rescue groups. Mayor Alexander encouraged his fellow City Councilmembers to check out the shelter periodically to see what is going on. Motion carried unanimously 5-0. 15. LEGISLATIVE UPDATE (Oral Report) This was done during Council comments by Councilmember Williams. City Council Minutes September 7, 2005 Page 14 ]1 J. ADJOURNMENT ] MOTION: Moved by Williams, seconded by Gutierrez to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 10:10 p.m. Respectfully submitted, Debra J. Adams, CMC City Clerk Approved: *