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HomeMy WebLinkAbout2005/04/06 - Minutes April 6, 2005 CITY OF RANCHO CUCAMONGA CITY COUNCIL CLOSED SESSION MINUTES The Rancho Cucamonga City Council held a closed session on Wednesday, April 6, 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; and James Markman, City Attorney. 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 PROPERTY LOCATED AT 8517 GROVE AND VACANT LOT AT 8547 GROVE, PARCEL NOS. 0207-222 AND 0207-222-05; LESSEE, PAMELA EASTER, DEPUTY CITY MANAGER AND KIMBERLY THOMAS, MANAGEMENT ANALYST Ill, AND PROPERTY OWNER, HOWARD GEIVETT, NEGOTIATING PARTIES; REGARDING TERMS OF AGREEMENT AND DIRECTION ON RELEASE/OPTION TO PURCHASE, PER THE SALE OF PREMISES BY LANDLORD; PER RIGHT OF FIRST REFUSAL, IN LEASE AGREEMENT CO 04-015 - CITY B2. PERFORMANCE EVALUATION OF CITY MANAGER PER GOVERNMENT CODE SECTION 54957. THIS ITEM WAS CONTINUED TO THE APRIL 20, 2005 MEETING. C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) No communication was made on the closed session item. The closed session began at 5:35 p.m. l[ E. CITY MANAGER ANNOUNCEMENTS AND REPORTS I City Council Minutes April 6, 2005 Page 2 The closed session recessed at 6:45 p.m. with no action taken. CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meetinq Il A. CALL TO ORDER II A regular meeting of the Rancho Gucamonga City Council was held on Wednesday, April 6, 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 7:13 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; Craig Fox, Deputy City Attorney; Mike Nelson, Sr. Redevelopment Director; James C. Frost, City Treasurer; Larry Temple, Administrative Services Director; Dawn Haddon, Purchasing Manager; Sid Siphomsay, Information Systems Analyst; Shelly Munson, Information Systems Specialist; Jon Gillespie, Traffic Engineer; Brad Buller, City Planner; John Thomas, Plan Check Manager; Kevin McArdle, Community Services Director; Dave Moore, Recreation Superintendent; Francie Palmer, Marketing Manager; Bill Pallotto, Recreation Supervisor; Jennifer Hunt, Recreation Coordinator; Deborah Clark, Library Director; Captain Pete Ortiz, Rancho Cucamonga Police Department; Chief Peter Bryan, Rancho Cucamonga Fire Protection District; Michelle Dawson, Management Analyst III; Kathy Scott, Deputy City Clerk; and Debra J. Adams, City Clerk. Il B. ANNOUNCEMENTS]PRESENTATIONS II B1. Presentation of a Proclamation declaring April as "Child Abuse Prevention Month." Mayor Alexander and the City Council presented the Proclamation to Anthony Ruble. Mr. Ruble informed the Council about their program. B2. Presentation of a Proclamation declaring April 10 - 16 as "National Crime Victims' Rights Week." Mayor Alexander and the City Council presented the Proclamation to Agnes Gibboney. Ms. Gibboney advised the Council about an event they will have in front of City Hall of April 14. B3. Presentation of a Proclamation declaring April 10 - 16 as "National Library Week." Mayor Alexander and the City Council presented the Proclamation to Ray Wimberly, President of the Library Board. President Wimberly thanked the Council for the opportunity to open the Library again on Friday's beginning April 15. City Council Minutes April 6, 2005 Page 3 Deborah Clark, Library Director, thanked the Council for assisting with getting the Library open on Friday's. [] C. PUBLIC COMMUNICATIONS I C1. Jim Townsend, Rancho Cucamonga Fire Fighters Association, commented on the badge ceremony that took place honoring Deputy Ron Ives in San Bemardino and thanked Captain Odiz and the City Council for attending. He also mentioned that last week Applebees sponsored an event for Fire Fighter Tom Barrilla who had recently been critically injured in an automobile accident. He thanked Guy White for his assistance in organizing this event. He also thanked the City Council for their support. 02. Melanie Ingram commented on the Child Abuse Prevention Proclamation presented tonight and added she has been involved with this effort in a previous job. She stated she was glad to see Agnes Gibboney here and commented on the tragedy she suffered several years ago. She also commented on an article in the newspaper about Jim Erwin of CEBA being investigated because of his present dealings in the union. She hoped CEBA would not get involved in Rancho Cucamonga's elections in 2006. She commented on LAFCO annexing property and what she had read in the newspaper about their process. C3. Leslie Grimes wanted to make sure the alcohol in the parks issue would be opened up for the public to speak about and would like the opportunity to speak after the City Council has made their comments. She commented on it being Child Abuse Prevention Week and added it is also Autism Awareness Month. She asked people to donate to charities. C4. Nicole Myerchin asked if items 13 and 14 would be opened up for public comment. She stated she recently attended a "no kill" conference in San Diego. She talked about the topics that were discussed. She stated she was sorry that no one from San Bernardino County was there. She commented on the mobile vet program and stated that Upland is involved in this. She stated our shelter does not want to get involved in this. She felt the County could afford to pay for this program. She stated Supervisor Paul Biane had mentioned the County contributes to the animal shelter operations, but that she did not find it in the County's budget. She asked that he provide this information to her. C5. Bill McCliman commented on Pope John Paul II's ethics and morals. He stated in a couple of weeks the fire fighters contract will be voted on and felt the Council should be working with the fire fighters to get this resolved so it will help the City. He stated he has heard there could be an impasse on the contract. He asked the City Council do the right thing for the citizens of Rancho Cucamonga. II D. CONSENT CALENDAR Jack Lam, City Manager, stated there is a typo on Consent Calendar item #26. He stated the correct amount should read $114,986.00 instead of $144,986.00. City Council Minutes April 6, 2005 Page 4 D1. Approval of Minutes: March 2, 2005 March 14, 2005 (Special Study Session) March 16, 2005 (Special Workshop) March 16, 2005 D2. Approval of Warrants, Register March 9 through March 29, 2005, and Payroll ending March 29, 2005, for the total amount of $6,032,081.81. D3. Approval to authorize the advertising of the "Notice inviting Bids" for the construction of the "Foothill Boulevard Storm Drain Improvements and Pavement Rehabilitation from Ramona Avenue to Hermosa Avenue," to be funded from Acct. No. 10250015650/1506025-1 (General Fund). RESOLUTION NO. 05-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE "FOOTHILL BOULEVARD STORM DRAIN IMPROVEMENTS AND PAVEMENT REHABILITATION FROM RAMONA AVENUE TO HERMOSA AVENUE" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D4. Approval of plans and specifications for the "Rancho Cucamonga Family Sports Center Generator Enclosure" and authorize the City Clerk to advertise the "Notice Inviting Bids," to be funded from Capital Reserves Acct. No. 1025001-5602 as approved in the FY 2004/05 budget. RESOLUTION NO. 05-118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE PLANS AND SPECIFICATIONS FOR THE "RANCHO CUCAMONGA FAMILY SPORTS CENTER GENERATOR ENCLOSURE" AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D5. Approval of plans and specifications for the "Lake Pump Equipment Vault at Red Hill Community Park," and authorize the City Clerk to advertise the "Notice inviting Bids," to be funded from PD 85 Acct. No. 1848303-5650/1224848-0 as approved in the FY 2004/05 budget. RESOLUTION NO. 05-119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE PLANS AND SPECIFICATIONS FOR THE "LAKE PUMP EQUIPMENT VAULT AT RED HILL COMMUNITY PARK" AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS DC. Approval of plans, specifications and estimates and to authorize the advertising of the "Notice Inviting Bids" for the "Pacific Electric Inland Empire Trail Construction from Amethyst Avenue to Archibald Avenue (Phase ~1)," to be funded from Acct. No. 11103165650/1520110. REMOVED FOR DISCUSSION BY COUNCILMEMBER WILLIAMS. City Council Minutes April 6, 2005 Page 5 RESOLUTION NO. 05-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE PACIFIC ELECTRIC INLAND EMPIRE TRAIL CONSTRUCTION FROM AMETHYST AVENUE TO ARCHIBALD AVENUE (PHASE II), IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BiDS DT. Approval of final Tract Map 16279 located on the north and south sides of Highland Avenue between Etiwanda and East Avenues, submitted by Toll Brothers Land Development - APN: 227-472-28 RESOLUTION NO. 05-121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 16279 D8. Approval of a change order in an amount of $210,800.00 for the installation of additional transformers, switches, and service line extensions for Victoria Gateway, Foothill Crossing and Victoria Gardens for new hookups, and approval to increase the award to the Pouk & Steinle Contract (CO 03- 127) by an amount of $210,800.00 from Acct. No. 17053035650/1382705-0. D9. Approval of a request to Summarily Vacate Excess Street Right-of-Way located on the south half of 7TM Street, east of the cul-de-sac terminus of 7th Street and east of Archibald Avenue, V-199 - APN: 209- 211-46. RESOLUTION NO. 05-122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF EXCESS STREET EASEMENT RIGHT-OF-WAY LOCATED ON THE SOUTH HALF OF 7TM STREET, EAST OF THE CUL-DE-SAC TERMINUS OF 7TM STREET AND EAST OF ARCHIBALD AVENUE D10. Approval of Improvement Agreement and Improvement Securities and Ordering the Annexation to Landscape Maintenance District No. 7 and Street Light Maintenance District Nos. 1 and 7 for 5938 Etiwanda Avenue, located north of Banyan Street, submitted by Pacific Crest Communities, Inc. RESOLUTION NO. 05-123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR 5938 ETIWANDA AVENUE RESOLUTION NO. 05-124 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 5938 ETIWANDA AVENUE City Council Minutes April 6, 2005 Page 6 Dll. Approval to award an annual contract for the purchase of asphalt materials from Holliday Rock (CO 05-024) in the amount of $80,000, to be funded from Acct. No. 1001316-5200 for the remainder of Fiscal Year 2004/2005, with the option to renew for Fiscal Year 2006/2007. D12. Approval of a Real Property Improvement Contract and Lien Agreement (CO 05-025) from John C. and Stephanie J. Larson for the property located at 8887 Hidden Farm Road (APN: 1061-271-26-0000). RESOLUTION NO. 05-125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REAL PROPERTY CONTRACT AND LIEN AGREEMENT FROM JOHN C. AND STEPHANIE J. LARSON AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAME D13. Approval of Improvement Agreement Extension for Tract 14496-1, located on the northwest corner of Wilson Avenue and Day Creek Boulevard, submitted by Granite Homes. RESOLUTION NO. 05-126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 14496-1 D14. Approval of Improvement Agreement Extension for Tract 16370, located on the nor[hwest corner of Church Street and Arbor Lane, submitted by US Homes Corporation. RESOLUTION NO; 05-127 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 1637O D15. Approval of Improvement Agreement Extension for Tract 16371, located on the southwest corner of Victoria Park Lane and Base Line Road, submitted by US Homes Corporation. RESOLUTION NO. 05-128 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16371 D16. Approval of Improvement Agreement Extension for TR 16432, located at the southwest corner of 19th Street and Amethyst Street, submitted by Cucamonga V~ntures, LLC. RESOLUTION NO. 05-129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TR 16432 D17. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Guarantee Letter of Credit, and file a Notice of Completion for improvements for DRC2001-00805, located at 10863 and 10865 Jersey Boulevard, submitted by Ralph Karubian, Sol Stone, Marcia Stone, Chades Karubian and Laurence Karubian. City Council Minutes April 6, 2005 Page 7 RESOLUTION NO. 05-130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2001-00805 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D18. Approval to release the Maintenance Guarantee cash deposit for DRC2002-00187, located on the west side of Center Avenue, south of 7th Street, submitted by 9101 Center Avenue Associates, LLC. D19. Approval to accept Improvements, release all bonds and file a Notice of Completion for improvements for Tract 12959-1 (Railroad Crossings), located at the southeast corner of White Oak Avenue and Arrow Route, submitted by Cappelino & Associates. RESOLUTION NO. 05-131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 12959-1 (RAILROAD CROSSINGS) 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 15724, located on the south side of Terra Vista Parkway, east of Coyote Canyon Park, submitted by KB Homes Greater Los Angeles, Inc. RESOLUTION NO. 05-132 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 15724 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D21. Approval to release Maintenance Guarantee Bond No. SS4081 in the amount of $613,419.25 for the Phase lA of Community Facilities District 2001-01, Contract No. 02-075. D22. Approval to release the Faithful Performance Bond, No. CD 6003, in the amount of $128,128.00 for the Etiwanda Avenue Bike Lane and Sidewalk Improvement, Contract No. 03-047. D23. Approval to accept the Improvements in Phase 3A of Community Facilities District 2003-01, including Street, Storm Drain, Water Main, Traffic Signals and Fiber Optic Conduits, Contract No. 03-135 as complete, retain the Faithful Pedormance 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 $2,899,109.03. RESOLUTION NO. 05-133 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE IMPROVEMENTS IN PHASE 3A OF COMMUNITY FACILITIES DISTRICT 2003-01, INCLUDING STREET, STORM DRAIN, WATER MAIN, TRAFFIC SIGNALS AND FIBER OPTIC CONDUITS, CONTRACT NO. 03-135 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK City Council Minutes April 6, 2005 Page 8 D24. Approval to accept the Landscaping and Sidewalk in Phase lA of Community Facilities District 2001-01, Contract No. 04-011 as complete, approval to appropriate $37,051.51 to Acct. No. 16123035650/1442612-0 from CFD 2001-01 I Fund balance, retain the Faithful Performance Bond as a Guarantee Bond, release the Labor and Materials Bond, and authorize the City Engineer to file a Notice of Completion and app!ove the final contract amount of $946,815.75. RESOLUTION NO. 05-134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE LANDSCAPING AND SIDEWALK IN PHASE lA OF C©MMUNITY FACILITIES DISTRICT 2001-01, CONTRACT NO. 04-011 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D25. Approval to accept Phases lB(B), 3B(A), and 3B(B) of CFD's 2001-01 and 2003-01 for Street, Storm Drain and related improvements on Foothill Boulevard, Contract No. 04-041 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 $1,695,814.62. RESOLUTION NO. 05-135 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAM©NGA, CALIFORNIA, ACCEPTING THE PHASES lB(B), 3B(A) AND 3B(B) OF CFD'S 2001-01 AND 2003-01 FOR STREET, STORM DRAIN AND RELATED IMPROVEMENTS ON FOOTHILL BOULEVARD, CONTRACT NO. 04-041 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D26. Approval for the replacement purchase of one (1) hazardous materials vehi~cle from KME Fire Apparatus of Ontario, CA, in the amount of $293,301.97, to be funded from Acct. Nos. 1380501-5604 (Depar[ment of Homeland Security Grant) $! ~d,99~.00 $114,986.00 and 2505801-5604 (Fire Protection- RDA Capital Outlay - Vehicle) $178,315.97. MOTION: Moved by Williams, seconded by Gutierrez to approve the staff recommendations in the staff reports contained within the Consent Calendar as corrected and with the exception of item D6. Motion carried unanimously 5-0. DISCUSSION OF ITEM D6. Approval of plans, specifications and estimates and to authorize the advertising of the "Notice Inviting Bids" for the "Pacific Electric Inland Empire Trail Construction from Amethyst Avenue to Archibald Avenue (Phase II)," to be funded from Acct. No. 11103165650/1520110. Councilmember Williams pointed out that Phase I has not been done yet, but that it is just starting. MOTION: Moved by Williams, seconded by Michael to approve item D6. Motion carried unanimously 5- 0. ITEMS G1 AND 12 WERE DISCUSSED AT THIS TIME. THE MINUTES WILL REMAIN IN AGENDA ORDER. City Council Minutes April 6, 2005 Page 9 [ t. CONSENT ORDINANCES I No Items Submitted. II F. ADVERTISED PUBLIC HEARINGS [ Fl. RECONSIDERATION OF AN ORDINANCE THAT ADOPTS BY REFERENCE COUNTY ORDINANCE 3930 RELATING TO THE INSPECTION GRADING OF FOOD ESTABLISHMENTS A staff report was presented by Pamela Easter, Deputy City Manager. Mayor Alexander inquired of Terri Williams, County Health Department, if every violation is one point taken off the score. Terri Williams, County Health Department, stated some violations are only one point. Mayor Alexander felt the behavior of the people doing the inspections should be monitored so they do not go overboard with noting violations. Councilmember Gutierrez asked about the timeframe to correct a problem. Terri Williams, County Health Department, explained this process. Councilmember Michael asked if this was a State system or a County system that is followed. Terri Williams, County Health Department, stated it is a County system. She stated the County is always open to any suggestions to make the program as successful as possible. Councilmember Michael clarified that the last time this was considered, there might have been a misconception by the public that inspections would not continue since the Council did not approve the Ordinance at that time. He added this is incorrect and that inspections are continuing regardless of Ordinance approval or not. He asked if this is not approved is there the possibility that the plaques would not be given out. Terri Williams, County Health Department, stated that is a possibility. Mayor Alexander indicated he did not feel this was fair because people do pay for these inspections. Councilmember Williams inquired about the cost of an inspection. Terri Williams, County Health Department, stated approximately $350 per year. Councilmember Williams stated she wished the City had been brought into this in the beginning instead of nOW. Councilmember Spagnolo stated he would rather have a pass or fail system. He stated he saw on the tnternet that the "C" ratings are still allowed to operate. He did not agree with this. He stated he wished this was more user friendly. Mayor Alexander stated he was glad this would be looked at and evaluated in one year. City Council Minutes April 6, 2005 Page 10 Terri Williams, County Health Department, stated she is happy to work with the Council and Chamber. She stated she has not received complaints about the inspectors in her department. She stated this is supposed to be a fair and accurate program. She stated she is willing to work with the cities to make this a better program. Mayor Alexander opened the meeting for public hearing. Addressing the City Council were: Carol Douglas stated she is grateful this is on the agenda tonight. She stated it isn't always possible to look up on the Internet what a restaurant is graded. She stated restaurants are supposed to provide to the public upon request their letter grade. She felt the inspections and letter grading were two different issues. She hoped the posting of the letter grades would have a positive effect and that it would be an incentive for restaurants to do a good job. Leslie Grimes stated her concern is the punitive factor. She did not feel some of the minor issues the inspector takes points off for should affect the grade. She stated what she is concerned about is if she will get sick from the food served at a restaurant. She did not feel this should be a tool to punish people. Jim Moffit, a resident in Rancho Cucamonga for 30 years, did not feel if a restaurant gets less than an "A" grade it should be shut down as was indicated in the newspaper. He felt non-food item corrections should be taken out of the grading system. There being no further input, the public hearing was closed. Councilmember Michael stated he would like for the County not to wait a year to reinspect a restaurant, and to help them be more successful. He felt if there were corrections that could be made immediately; that this should be considered. Councilmember Spagnolo stated he agreed and did not feel the businesses should have to wait one year for another inspection. He felt the Ordinance should be made more user friendly. Councilmember Gutierrez stated they are here to protect the best interest of all the residents. He asked that the County not weigh so heavily those items that are non-food related. He asked if they can be flexible. Terri Williams, County Health Department, stated that although some of these things do not directly relate to food, they indirectly do. She stated they are meeting with cities to talk about the deduction of points. Mayor Alexander asked if it is possible for a restaurant that does not have a big enough kitchen to get an Terri Williams, County Health Department, stated if a State code requirement is not met, a restaurant could get less than an "A." Councilmember Gutierrez stated he would support this if there could be a workshop to continue discussing how this works. Councilmember Williams stated when an action was previously not taken, it was interpreted that Rancho Cucamonga did not want their restaurants inspected. She stated that was a misconception. She stated at no time were Rancho Cucamonga restaurants not inspected. She felt the Ordinance should be adopted. She felt the restaurant owners would love to tell some of their experiences with some of the County Health Inspectors. Debra J. Adams, City Clerk, read the title of Ordinance No. 739. City Council Minutes April 6, 2005 Page 11 ORDINANCE NO. 739 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING, BY REFERENCE, COUNTY OF SAN BERNARDINO ORDINANCE NO. 3930 RELATING TO INSPECTION GRADING OF FOOD ESTABLISHMENTS AND AMENDING TITLE 8 OF THE RANCHO CUCAMONGA MUNICIPAL CODE MOTION: Moved by Williams, seconded by Michael to waive full reading and approve Ordinance No. 739. Motion carried unanimously 5-0. ~ G. PUBLIC HEARINGS ] Gl. CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA REVISING REGULATIONS PERTAINING TO POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES WITHIN CITY PARKS, AND AMENDING TITLE 12 OF THE RANCHO CUCAMONGA MUNICIPAL CODE A staff report was presented by Kevin McArdle, Community Services Director. Councilmember Michael asked if the people serving the alcohol would be required to have training. Kevin McArdle, Community Services Director, stated yes. Mayor Alexander asked if a group of 50 people would have to choose from the pre-approved list of caterers. Kevin McArdle, Community Services Director, stated yes. Mayor Alexander opened the meeting for public input. Addressing the City Council were: Lynn Christie stated she cares about this because it affects all of the residents of Rancho Cucamonga. She brought up the requirements for being allowed to have alcohol at a facility. She did not feel it should be up to the City Council to say if someone wants to have a toast or not based on their personal beliefs. She did not think people should have to choose from an approved list of caters and that people should have more flexibility. Jin Nee Klm stated she does not feel alcohol should be allowed in Central Park and did not feel this window should be opened. She stated everyone is looking forward to Central Park and felt a standard should be set and not allow alcohol so that values are not compromised. She felt there should be no tolerance of alcohol. She stated this would set a standard for other cities as well She did not feel alcohol should have to be used in order for people to have fun. Michelle McNeill felt a place like a church, the YMCA or Sweeten Hall is more of a private place where people can have alcohol if they want it, but did not feel it should be allowed at Central Park. City Council Minutes April 6, 2005 Page 12 Janet Ryerson of the Rancho Cucamonga Sr. Advisory Committee, stated she is a strong proponent of allowing alcohol. She felt the $40,000 this can generate is important and should not be overlooked. She stated Central Park facilities would offer a lower cost venue for events rather than a place like Etiwanda Gardens. She stated the City has lost bookings at City facilities because alcohol was not allowed. She felt this was a good idea for the City and that it will generate revenue. Caryn Payzant stated she appreciates this is a sensitive issue. She stated in her business she listens to families and parents. She stated she is hearing this facility is close to neighborhoods, which could be affected by parties at Central Park. She felt there were other creative ways to generate revenue in the City. She felt if this were approved, the City Council would be compromising themselves. She felt the City standards would be lowered if alcohol were allowed to come in. Verna DiCortio stated she is excited about the Sr. Center at Central Park. Elizabeth Mariscal stated that Central Park is an affordable place for people to have receptions. She felt as long as there is security that alcohol should be allowed. She asked if more hours could be allowed for a party instead of limiting it to four hours. She felt the alcohol should be allowed. Betty Linker of the Sr. Advisory Committee, stated based on the regulations and restrictions set, this should be allowed. She stated people will drink no matter what the regulations are if they want to. She stated this would be restrictive and an approved atmosphere. Alvin Sharp felt alcohol should be allowed at Central Park and that he plans to have an anniversary reception at Central Park and would appreciate being able to have a champagne toast. He stated that if people want to drink, they will do it no matter what, but if it is supervised it will be a much better situation. Leslie Grimes encouraged people to come to the City Council meetings and get involved. She did not understand what food has to do with the serving of alcohol and why people would have to use a caterer for their food if they want to serve alcohol. She suggested a bar tending service be required instead. She felt limiting this to beer, wine and champagne was a good idea. She felt Rancho Cucamonga should look at what Claremont and other cities do before setting these policies. She felt it is penalizing people to have to use a caterer if they are serving alcohol. Wilma Steeve of the Sr. Advisory Committee and President of the VIP Club, felt it was ridiculous if alcohol cannot be served. She felt the revenue was needed to run the facility and felt this should be approved. Bill McCliman did not feel the caterer should be part of the requirements. He felt the City Council should listen to the seniors. He stated he did not feel people should be charged to cater a wedding. Councilmember Williams pointed out that currently alcohol is not allowed at the parks, and that this would be changing the rule to allow it. A man, who did not identify himself, stated he operates an offsite catering company. He mentioned how well run the community centers are at Cerritos and Yorba Linda. He stated Claremont is also run very well. He stated there is a very Iow rate of problems at these facilities. He stated he would love to operate at Central Park. He added he did not feel the policy is stating you have to have your food catered if you are going to have alcohol, but that if you have alcohol there should be professional people to serve it, and that you can bring in your own food in. Kevin McArdle, Community Services Director, stated if someone wants to serve alcohol, they would have to have a caterer serve the food and the alcohol. City Council Minutes April 6, 2005 Page 13 Jack Lam, City Manager, stated this could be changed if the Council directed staff to do this. Councilmember Williams felt it was the intent to have a licensed bar tending service if they are going to serve alcohol because she did not feel City staff should have to sorry about any problems that might occur, and felt a professional should have to do this. She did not feel a caterer should be required for food if alcohol is served. Councilmember Gutierrez stated he is voting "NO" on the Ordinance based on his conscience. He stated he did quite a bit of walking in the surrounding neighborhoods and that it was 2 to 1 of people not in favor of alcohol being served. He stated there are a lot of children in the neighborhoods and a lot of traffic. He felt the City can do fine without the alcohol and would be able to serve the people without it. Councilmember Michael stated he raised the issue about a caterer being required if serving alcohol. He stated he did not mean a caterer for food, but for the serving of the alcohol. He stated he is willing to make the modification about the catering issue that it only be required for the serving of alcohol so that people can bring in their own food. Councilmember Williams felt the title of the Ordinance is misleading. She stated this Ordinance is very similar to the regulations at the stadium. She stated this is just to allow alcohol within the building proper. Councilmember Spagnolo stated he has toured the facility and that the rooms that would allow alcohol are separate from other parts of the center. He felt this would be a great facility for a reception. Mayor Alexander felt the pre-approved catering list is a good thing. He felt the City will do everything they can to control the serving of alcohol. Debra J. Adams, City Clerk, read the title of Ordinance No. 741. ORDINANCE NO. 741 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CiTY OF RANCHO CUCAMONGA, CALIFORNIA, REVISING REGULATIONS PERTAINING TO POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES WITHIN CITY PARKS, AND AMENDING TITLE 12 OF THE RANCHO CUCAMONGA MUNICIPAL CODE MOTION: Moved by Spagnolo, seconded by Alexander to waive full reading and set second reading of Ordinance No. 741 for the April 20, 2005 meeting. Motion carried unanimously 4-1 (Gutierrez voted no). I[ H. CITY MANAGER S STAFF REPORTS H1. UPDATE REGARDING 210 FREEWAY LANDSCAPING A staff report was presented by Brad Buller, City Planner. Councilmember Gutierrez stated he put this on the agenda and was glad to hear Caltrans is doing something. He feels it has been too long to get them doing something. ACTION: Report received and filed. City Council Minutes April 6, 2005 Page 14 [I I. COUNCIL BUSINESS I I1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Councilmember Michael stated not too long ago Supervisor Biane talked about programs he has done to help the City and felt there should be a reception and Proclamation presented to him for his efforts. Councilmember Williams stated as the Senior Center comes on line, all the efforts and programming should be tracked to find out what it is really costing us to provide services there. She felt the Moms will be disappointed there will be no tot lot at Central Park and felt this should be a priority. She stated this Friday is opening night for the Quakes and looks forward to a great season. Councilmember Gutierrez stated he looks forward to the Mayor throwing out the first pitch at the Quakes game. He stated he does canvas neighborhoods about many issues. He stated he is proud to be on the City Council and likes finding solutions to problems. He stated he loves this City and wants to make this a great place for everyone. Councilmember Spagnolo commented on the ceremony recently held for Deputy Ron Ives. He commented on the evaluation of the animal shelter and asked for public participation. Mayor Alexander mentioned all the people he talks to per day and that the community is good. 12. APPROVAL OF POLICIES AND PROCEDURES GOVERNING THE SERVING OF ALCOHOLIC BEVERAGES BY FACILITY RENTAL GROUPS IN THE SENIOR AND COMMUNITY CENTER AT CENTRAL PARK SEE DISCUSSION UNDER ITEM Gl, Kevin McArdle, Community Services Director, clarified that it would be Council's direction to approve the policy with the appropriate changes to items 14 and 15, which would still require a preapproved bartending service, subject to these same conditions, but remove all references to the serving of food. The Council concurred with Mr. McArdle's clarification to the approval of this item. MOTION: Moved by Spagnolo, seconded by Alexander to approve the po[icy as modified above. Motion carried 4-1 (Gutierrez voted no). 13. FOLLOW-UP ON CITY COUNCIL REQUEST FOR INFORMATION ON MICROCHIPPING SERVICES AND ENHANCED VETERINARY CARE AT THE RANCHO CUCAMONGA ANIMAL SHELTER (Oral report from Dan Avers, Deputy Director of Public Health, County of San Bernardino). A staff report was presented by Michelle Dawson, Management Analyst III. She introduced Dan Avers from the County. Mr. Avers presented information about the animal control system. He stated they would like to start this program and that it is about $5.00 for the chip itself. He stated they are estimating the cost to the pet owner to be approximately $15.00. He stated some veterinarians also provide this service. He stated it is recommended to chip all adopted pets and to chip other animals on certain days. He stated if the City wants a mandatory program they would need to discuss this with the City Attorney. He stated he would like to recommend that the County Veterinarian tour the facility and look at the health of the animals at the shelter. He could direct staff what treatment to give to the animals after evaluating them. He felt there will be an increased need for veterinary care. He talked about giving vaccinations to the animals while they are in the kennel. He stated he would like to recommend that the County Veterinarian come to the shelter two days per week, not to exceed 8 hours per week, to make any recommendations about the care of the animals. He stated it is also a possibility to go out for an RFP to get vet care. City Council Minutes April 6, 2005 Page 15 Councilmember Michael stated he supports ihe City making improvements to the shelter. He felt the people answering the phone should have a good attitude and good customer service. Mr. Avera stated they would work on this. Mayor Alexander asked about the cost of the eight hours per week of vet care. Mr. Avera stated the estimated cost is $100 per hour. Mayor Alexander opened the meeting for public input. Addressing the City Council were: Nicole Myerchin stated she has been asking for chipping and vet care for two years and felt the cost is ridiculous. She referred to the efficiency of Upland's shelter. She felt this program would be a cash cow for the County. She commented on a letter sent to the City Manager's office in 2004 from a veterinarian that offered his service for $50 per hour. She continued to talk about the services this would include. She stated she would like to see the County's contract. She felt a position could be eliminated at the shelter in order to afford the vet care. Councilmember Michael asked if she has met with the City Manager's staff to discuss this. Ms. Myerchin stated yes she has. Susan Grail and Kelly Heillig talked about the Cats In Need Program and the service at the shelter. They felt the staff is very rude at the shelter. They stated they need more fosters for the animals. Councilmember Gutierrez asked if they can direct staff to look into the trap, neuter and release program. Pamela Hall stated it is good to see the City so concerned about so many things in the City and felt they should also be concerned about the animals in the City. She felt vet care should be full time. She felt Nathan Winograd should do an evaluation of this. She felt the City should run its own shelter. Mayor Alexander stated he is not excited about the County's proposal and would like to check into other offers for vet service. He did not know why we haven't done anything about the offer Nicole Myerchin mentioned. Michelle Dawson, Management Analyst III, stated Ms. Myerchin had forwarded to her an offer from a local vet, which she remembers the letter indicating $80,000 per year. She stated the City would have to renovate the facility to provide medical facilities for the animals. Mayor Alexander stated he would be interested in the City pursuing an RFP. Jack Lam, City Manager, stated staff needs to know what level of service the Council wants so an RFP can be written. Mayor Alexander suggested the Council meet to further discuss this. Councilmember Spagnolo suggested staff look at the level of care that is needed. Michelle Dawson, Management Analyst Ill, stated the next meeting to discuss the animal shelter is April 26 and this could be discussed then. Mayor Alexander felt this was too long to wait. Councilmember Michael stated he feels uncomfortable spending money without knowing all the areas that need money. He asked where the money would come from for this. City Council Minutes April 6, 2005 Page 16 Jack Lam, City Manager, stated it would come out of fund balance, and continued talking about budget issues facing the City. MOTION: Moved by Alexander, seconded by Michael to go forward with the microchipping, including the 5,000 chips to be donated, and to receive the information for veterinarian services as soon as possible. Jack Lam, City Manager, stated staff can craft an RFP for various levels of vet service so the Council can have choices and see what the cost will be. Michelle Dawson, Management Analyst 111, stated there is a resident that would offer 1,000 chips and then have the County staff trained by AVID so they can put them in. Nicole Myerchin stated the training and the scanners by AVID is for free. She stated it is 1,000 microchips valued at $5,000 and that they are inserted at other shelters by the staff for free. She felt the City would be unwisely spending money for what they are asking for per animal. Counoilmember Michael asked if the City receives the 1,000 chips and training for free, would the County charge for the service even though the chips are free. Dan Avera, County, stated they would not charge, but added the one thing that was not discussed was the registration cost. He stated implanting the chip without registering it does not do any good. He stated they would implant it for free if there is not any additional cost. He stated the County will not make any money from microchipping animals. Motion carried unanimously 5-0. 14. CONSIDERATION OF A PROPOSAL BY NATHAN WlNOGRAD OF "NO-KILL SOLUTIONS" TO PROVIDE CONSULTATION SERVICES TO THE CITY REGARDING THE FEASIBILITY OF THE RANCHO CUCAMONGA ANIMAL SHELTER BECOMING A NO-KILL SHELTER A staff report was presented by Michelle Dawson, Management Analyst Ill. Councilmember Michael asked about the deficit in the operations of the Tompkins County shelter. Michelle Dawson, Management Analyst Ill, stated since there is no sample of work from Mr. Winograd since he is fairly new to the business. Staff saw the annual report for Tompkins County online, which there was a quote from Mr. Winograd expressing a quote of a budget deficit at Tompkins SPCA for last year. She stated she has talked to one of the Boardmembers at Tompkins SPCA about this. She stated Mr. Winograd explained the budget deficit is because of adding the additional shelter, requiring more services, and stated the new director there, that replaced him on an interim basis, has hired additional staff, increased service hours, and gave himself a raise for the Director's salary, etc. MOTION: Moved by Michael, seconded by Spagnolo to approve the proposal by Nathan Winograd. Motion carried unanimously 5-0. 15. DISCUSSION OF PUBLIC SAFETY COMMISSION (Oral) Councilmember Spagnolo stated he had previously requested a Blue Ribbon or Public Safety Commission be created. He stated he would like to make a recommendation or a motion that they look at the feasibility to establish a Public Safety Commission to look at the needs of the community. Due to the late hour, Mayor Alexander suggested this be done at the April 26th meeting or sooner. ACTION: The Council concurred to discuss this at an upcoming meeting. 16. LEGISLATIVE UPDATE (Oral) City Council Minutes April 6, 2005 Page 17 Councilmember Williams stated she has encouraged people to write to their legislators about issues affecting our City, especially the CDBG Program. She stated Congressman Dreier had voted to support the City's keeping CDBG funds and took everyone very seriously. She thanked him for his support. She stated $955,000 was awarded to Rancho Cucamonga for the electric bike trail by SANBAG. [I J. ADJOURNMENT [ MOTION: Moved by Williams, seconded by Gutierrez to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 11:04 p.m. Respectfully submitted, City Clerk Approved: June 1, 1005