HomeMy WebLinkAbout2005/01/05 - Minutes January 5, 2005
CITY OF RANCHO CUCAMONGA
CITY COUNCIL CLOSED SESSION MINUTES
II A. CALL O ORDERI
The Rancho Cucamonga City Council held a closed session on Wednesday, January 5, 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, 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; and Brad Buller, City Planner.
Absent was Councilmember: L. Dennis Michael
II ~. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) I
Mayor Alexander announced the closed session items.
B1. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 13025 BASE LINE ROAD, RANCHO CUCAMONGA, APN
#1100-011-02 OWNED BY SHAMSADDIN KARIMI, GLORIA ANN KARIMI, HASSAN MALAKLOU AND
NAHID NASSIRI; BETTY MILLER, DANIEL F. JAMES AND RICHARDS, WATSON & GERSHON,
NEGOTIATING PARTIES, REGARDING PRICE AND TERMS. - CITY
B2. CONFERENCE WITH PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE
SECTION 54956.8 REGARDING THE REAL PROPERTY OWNED BY BEST CALIFORNIA GAS, LTD.,
APN 227-131-60; NEGOTIATING PARTIES, JOE O'NEIL, CITY ENGINEER, REGARDING STATUS OF
NEGOTIATIONS AND INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING
PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNER, BEST CALIFORNIA - CITY
II c. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) I
No communication was made on the closed session items.
II D. CONDUCT OF CLOSED SESSION I
The closed session began at 5:35 p.m.
[[ E. CITY MANAGER ANNOUNCEMENTS AND REPORTS
City Council Minutes
January 5, 2005
Page 2
The closed session recessed at 6:30 p.m. with no action taken.
CITY OF RANCHO CUCAMONGA
CITY COUNCIL MINUTES
Reqular Meetinq
II A. II
A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, January 5, 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 7:04 p.m.
Present were Councilmembers: Rex Gutierrez, Sam Spagnolo, Diane Williams and Mayor William J.
Alexander.
Also present were: Jack Lam, City Manager; James Markman, City Attorney; Jim Frost, City Treasurer;
Larry Temple, Administrative Services Director; Charles Scott, Sr. Information Systems Specialist; Sid
Siphomsay, Information Systems Analyst; Joe O'Neil, City Engineer; Brad Buller, City Planner; Kevin
McArdie, Community Services Director; Dave Moore, Recreation Superintendent; Paula Pachon,
Management Analyst III; Deborah Clark, Library Director; 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 II; Shirr'l Griffin, Office Specialist II - City
Clerk's Office; and Debra J. Adams, City Clerk.
Absent was Councilmember: L. Dennis Michael
II ~. ANNOUNCEMENTS/PRESENTATIONS II
NO announcements/presentations were made.
I[ c. PUBLIC COMMUNICATIONS II
NO communication was made by the public.
I i,. CouNciL COMMUNICATIONS Il
D1. Gouncilmember Gutierrez wished everyone a Happy New Year. Re stated the Police and Fire
Departments participated in the Ho-Ho Parade and commented that it was very enjoyable. He stated he
is still working on a number of youth sports issues. He stated he appreciates the efforts of Vineyard Little
City Council Minutes
January 5, 2005
Page 3
League to find space for everyone to play. He congratulated the University of Southern California (USC)
on their football game victory.
D2. Councilmember Spagnolo stated he and Councilmember Gutierrez are part of the Public Safety
Subcommittee and had a presentation made by Chief Peter Bryan on public safety issues. He stated he
would like to put on the next agenda the discussion of a Blue Ribbon Commission for Public Safety. He
thanked the Police Department for putting together the Ho-Ho Parade because it is a very rewarding
experience to see the kids' faces.
D3. Councilmember Williams congratulated Sacred Heart Church for their recent groundbreaking. She
thanked all the neighborhoods who participated in the Ho-Ho Parade. She also wished everyone a
Happy New Year and wished them health and prosperity.
II CONSENT CALENDAR I
El. Approval of Minutes: December 1,2004 (Special Meeting)
December 1,2004
E2. Approval of Warrants, Register December 8 through December 21, 2004, and Payroll ending
December 21,2004, for the total amount of $4,663,165.26.
E3. Approval of a reimbursement of $41,644.21 from Transportation fund balance, Acct. No. 1124303-
0612 to CFD 2001-01 fund balance, Acct. No. 1612000-8176, and appropriate $41,644.21 to Acct. No.
16123035650/1442612-0 from CFD 2001-01 (Fund 612) fund balance.
E4. Approval to appropriate $180,000 to Acct. No. 16143035660/1442614-0 from CFD 2003-01 (Fund
614) fund balance and increase the award to the Sequel Contractors, Inc., Contract No. 04-041, in an
amount not to exceed $180,000.
E6. Approval of a Resolution authorizing the destruction of City Records pursuant to California
Government Code Section 34090, the City's Records Retention Schedule, and other applicable legal
citations.
RESOLUTION NO. 05-001
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
E7. Approval of Improvement Agreement, Improvement Security and Ordering the Annexation to
Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for
DRC2003-00213, located on the east side of Milliken Avenue, north of 4th Street, submitted by Fairmont
Hospitality, Inc.
RESOLUTION NO. 05-002
A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING
IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY
FOR DRC2003-00213
City Council Minutes
January 5, 2005
Page 4
RESOLUTION NO. 05-003
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 DRC2003-00213
E8. Approval of Improvement Agreement and Improvement Security for DRC2003-00850, located on the
southeast corner of Haven Avenue and the eastbound SR210 Freeway on-ramp.
RESOLUTION NO. 05-004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING
IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY
FOR DRC2003-00850
E9. Approval of Improvement Agreement, Improvement Security and Ordering the Annexation to
Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for
DRCCUP 98-08, located at 9456 Roberds Street, north of Base Line Road and west of Amethyst Street,
submitted by Syed and Lora Iftikhar.
RESOLUTION NO. 05-005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING
IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY
FOR DRCCUP 98-08
RESOLUTION NO. 05-006
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 DRCCUP 98-08
El0. Approval to amend the existing contract with TruGreen, Contract No. 90-143, to include
$24,800.00 for landscaping at various locations adjacent to State Route 210, to be funded from
Beautification funds, Acct. No. 11103165650/1339110-0; and appropriate $24,800.00 to Acct. No.
11103165650/1339110-0 from Beautification fund balance.
E11. Approve a contract extension with Coastal Building Services (CO 00-102) to June 30, 2005, in the
amount of $246,056, which includes an increase of $40,000 for anticipated janitorial services related to
construction and additional facilities (Central Park and PD 3rd Floor), to be funded from 1001312-5304
($242,856), and 1700201-5304 ($3,200).
E12. Approval of a contract extension with WSA Security, Inc. (formerly U.S. Guards, Inc., Contract
No. 01-060) to June 30, 2005, to be funded from Acct. Nos. 1001312-5304 ($78,000), 1133303-5304
($120,000) 1700201-5304 ($70,380), and 1290601-5300 ($22,000), to cover monthly service and extra
work for fiscal year 04-05.
E13. Approval of Improvement Agreement Extension for Tract 16374, located on the southeast corner
of Base Line Road and Victoria Park lane, submitted by Standard Pacific Corporation.
City Council Minutes
January 5, 2005
Page 5
RESOLUTION NO. 05-007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING
IMPROVEMENT AGREEMENT EXTENSION AND
IMPROVEMENT SECURITY FOR TRACT 16374
E14. Approval of Improvement Agreement Extension for Tract 16306, located on the southeast corner of
Day Creek Boulevard and Vintage Drive, submitted by Young California Homes, L.P.
RESOLUTION NO. 05-008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING
IMPROVEMENT AGREEMENT EXTENSION AND
IMPROVEMENT SECURITY FOR TRACT 16306
E15. Approval of Improvement Agreement Extension for Tract 16431, located on the east side of the Alta
Loma Flood Channel, south side of Lemon Avenue, submitted by Cucamonga Ventures, LLC.
RESOLUTION NO. 05-009
A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING
IMPROVEMENT AGREEMENT EXTENSION AND
IMPROVEMENT SECURITY FOR TRACT 16431
E16. Approval to accept improvements, release the Faithful Performance Bond, accept a Maintenance
Bond, and file a Notice of Completion for improvements for Tract 14498, on the southwest corner of
Wilson and Bluegrass Avenues, submitted by Standard Pacific Corporation.
RESOLUTION NO. 05-010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE
PUBLIC IMPROVEMENTS FOR TRACT 14498 AND
AUTHORIZING THE FILING OF A NOTICE OF COMPLETION
FOR THE WORK
E17. Approval to release Faithful Performance Bond No. 08591023 in the amount of $644,789.15 for the
FY 2003/2004 Local Street Rehabilitation - Overlay of Various Streets, Contract No. 03-035.
E18. Approval to release Maintenance Bond No. 157825 in the amount of $16,557.00 for the 19th Street
Landscape Improvements along the South Side Parkway, east of Archibald Avenue to Hermosa Avenue,
Contract No. 03-043.
E19. Approval to release Faithful Performance Bond No. 8193-23-77 in the amount of $226,069.00 for
the Fisher Drive Street Improvements from East Avenue to Mulberry Street, Contract No. 03-089.
E20. Approval to accept the bus bay on the south side of Foothill Boulevard, east of Haven Avenue,
Contract No. 04-070 as complete, release the bonds, accept a Maintenance Bond, and authorize the City
Engineer to file a Notice of Completion and approve the final contract amount of $87,025.00.
City Council Minutes
January 5, 2005
Page 6
RESOLUTION NO. 05-011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE BUS
BAY ON THE SOUTH SIDE OF FOOTHILL BOULEVARD, EAST
OF HAVEN AVENUE, CONTRACT NO. 04-070 AND
AUTHORIZING THE FILING OF A NOT~CE OF COMPLETION
FOR THE WORK
E21. Approval to accept improvements, release the Faithful Pedormance Bond, accept a Maintenance
Bond, and file a Notice of Completion for improvements for Tract 13527, located at the northwest corner
of Wilson and Etiwanda Avenues, submitted by Mastercraft Homes.
RESOLUTION NO. 05-012
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE
PUBLIC IMPROVEMENTS FOR TRACT 13527 AND
AUTHORIZING THE FILING OF A NOTICE OF COMPLETION
FOR THE WORK
MOTION: Moved by Williams, seconded by Gutierrez to approve the staff recommendations in the staff
reports contained within the Consent Calendar. Motion carried unanimously 4-0-1 (Michael absent).
II CONSENT ORDINANCES II
No Items Submitted.
[I G. ADVERTISED ]~UBLIC HEARINGS I[
No Items Submitted.
II .. PUBLIC HEARINGS II
HI. CONSIDERATION TO ADOPT AN ORDINANCE THAT ADOPTS BY REFERENCE COUNTY
ORDINANCE 3930, RELATING TO THE INSPECTION OF FOOD ESTABLISHMENTS
A staff report was given by Duane Baker, Assistant to the City Manager.
Mayor Alexander opened the meeting for public hearing. Addressing the City Council were:
Carol Douglas thanked the Council for considering the adoption of this Ordinance. She felt the
"letter grading system" is something she prefers and does value it.
Richard Heilman asked the Council to consider this measure carefully. He talked about the
grading system and stated the "B" rating is not hard to get. He stated the City's Heritage Park
has a "B" rating, but that the Community Services Department is taking care of the problems that
City Council Minutes
January 5, 2005
Page 7
were identified. He felt there were a 10t of people that do not like the grading system including
County Health. He felt there were consequences with this. He wished this could be tabled to see
how Upland's Ordinance works. He added his business at Etiwanda Gardens received an "A"
rating.
There being no further input, the public hearing was closed.
Debra J. Adams, City Clerk, read the title of Ordinance No. 739.
ORDINANCE NO. 739 (first 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 Alexander, seconded by Spagnolo to waive full reading and set second reading and
the public hearing for this item for the February 2, 2005 meeting. Motion carried unanimously 4-0-1
(Michael absent).
II ~. CITY MANAGER'S STAFF REPORTS
I1. DISCUSSION REGARDING DOOR-TO-DOOR DISTRIBUTION OF MARKETING MATERIAL IN
RESIDENTIAL AREAS
A staff report was presented by Duane Baker, Assistant to the City Manager.
Mayor Alexander inquired what the penalty was for someone that goes on property that is posted with a
"no soliciting" sign.
Duane Baker, Assistant to the City Manager, stated it is an infraction but would have to look up the
penalty.
Mayor Alexander felt it would probably be about $100 to $500 maximum.
James Markman, City Attorney, stated if it happens repetitively, the City could get an injunction against
them and put them in contempt of court for ignoring our policy if they are a repeat offender. He stated
after awhile the City could go civil if the person keeps violating the code.
Mayor Alexander felt the problem with this is it is "your word against mine." He felt there were some
practical difficulties with this.
Councilmember Gutierrez felt there may be problems regulating this. He also felt there might be
language barriers with the people that hand out materials because they will state they did not understand.
He asked if there was any kind of a constitutional issue here.
James Markman, City Attorney, stated there are a number of things we can do without running into first
amendment problems. He stated if the Council wants to pursue them reviewing the ordinance, it could
reflect the time of day that this type of activity can occur. He stated it could be limited to commercial
information. He stated there could be a registration process, and that it could include something that if
people have up a sign stating "no solicitation" that could be enforced too. He felt if the Council wants to
pursue this, the Police Department should provide background data on the relationship between the
City Council Minutes
January 5, 2005
Page 8
activities of solicitors to residential burglaries and other crimes that are committed in residential
neighborhoods at the same time...if he can. He stated the City of Los Angeles is the poster child for
trying to stop solicitation and have lost approximately six constitutional cases in the way they have tried
them. He stated in doing so, they have defined for everyone else what they can do.
Councilmember Gutierrez felt if we do something it should be limited to commercial and money making
businesses and to possibly include time of day.
Duane Baker, Assistant to the City Manager, stated if the Council desires staff can work with the
attorney's office to make some modification and to publicize what the regulations are.
James Markman, City Attorney, felt the information from the Police Department would really be helpful.
Councilmember Williams asked how this would be enforced when people complain about solicitors
leaving things on their doors.
Duane Baker, Assistant to the City Manager, stated enforcement is troublesome because you don't know
if it is the business or an individual distributing the flyers. He stated sometimes the business owner does
not know some of his employees are doing this.
Mayor Alexander opened the meeting for public input. There being no response, public comments were
closed.
Mayor Alexander felt there has been some direction to refine this. He felt if anyone sees a "no
solicitation" sign and goes on someone's property, it is absolutely a violation. He felt if the same
individual does this repeatedly, they ought to be punished very hard. He hoped we could pursue some of
the items mentioned this evening.
12. UPDATE ON CUCAMONGA VALLEY WATER DISTRICT (CVWD) REPAIRS ON ROCHESTER
AVENUE
A staff report was presented by Joe O'Neil, City Engineer.
Councilmember Gutierrez felt it would be a good idea for CVVVD to coordinate their work better.
Marty Zaverbalis, CV~VD, stated the project started in June 2004. He continued to talk about the
project and what it entails to complete it. He also commented on the importance of the project
and what it means to the residents.
Councilmember Gutierrez felt the street was still patchy looking and bumpy, and felt the timing of the
project was not the best.
Joe O'Neil, City Engineer, stated the project is completed but the two-tone look will not last very long and
will all blend in within a few months. He stated if it is bumpy, they would look into that.
ACTION: Report received and filed.
13. REQUEST TO DIRECT STAFF TO INITIATE ANNEXATION DRC2004-01204 AND DEVELOPMENT
DISTRICT AMENDMENT (PRE-ZONE) DRC2004-01208 - A proposed annexation of approximately
4,115 acres of land, generally located north of the City boundary, between Haven Avenue and the City of
Fontana border - This annexation area is also referred to as the North Eastern Sphere Annexation. APN:
0201-032-09, 50, 73, 78 thru 79, and 82 thru 85; 0201-281-02, 04 thru 10, 13 thru 14, and 16 thru 22;
0225-051-01, 04, 07, 15,17 thru 20, 22 thru 34, and 36 thru 37; 0225-061-02, 05 thru 06, 08 thru 11, 15
thru 17, 21 thru 22, 25 thru 30, and 33; 0225-071-01 thru 16 and 20; 0225-091-05 and 06; 0225-09-106;
0225-092-01; 0226-061-03, 07, 16, 20, 26 thru 28, 33, 47 thru 48, 56 thru 57, and 61 thru 74; 0226-082-
08 and 19 thru 30; AND A request to change the district map to pre-zone land within the City Sphere of
Influence to Flood Control/Utility Corridor (390 acres), Open Space (268 acres), and Hillside Residential
City Council Minutes
January5, 2005
Page 9
(21 acres) for a total of approximately 680 acres of land, and in conformance with the existing General
Plan, generally located north of the City limits between Haven Avenue and extending approximately 6,430
feet easterly. APN: 0201-032-09, 73 and 78 thru 79, and 82 thru 83; 0201-031-02, 04-10, 13 thru 14, and
16 thru 22; and 0225-051-01 and 22 thru 23.
A staff report was presented by Brad Buller, City Planner. He added there is no development proposed to
go along with this annexation.
Councilmember Gutierrez asked if at some point this could be part of the North Etiwanda Preserve.
Brad Buller, City Planner, stated absolutely.
Councilmember Williams asked if there was something we can do so that the County does not sell any of
this for private development without the City being aware.
Brad Buller, City Planner, stated the City can talk to them about this. He stated the City would still be
able to review any project that comes through for this area once it is annexed into the City. He stated the
County has accepted our current general plan and zoning for that area which has already been
designated as open space.
Councilmember Gutierrez felt that was significant.
MOTION: Moved by Williams, seconded by Gutierrez to approve staff's recommendation. Motion carried
unanimously 4-0-1 (Michael absent).
J. COUNCIL BUSINESS
31. DISCUSSION OF DOG BREEDING ISSUE (STEVE KNECHT) (Oral)
Councilmember Gutierrez stated he is not ready to discuss this since Councilmember Michael is not here.
Mayor Alexander stated we have taken long enough on this and should move forward.
MOTION: Moved by Gutierrez, seconded by Williams to continue this item to February 2, 2005. Motion
failed 2-2 (Alexander and Spagnolo voted no).
Mayor Alexander stated since the motion failed, he would like to proceed with this tonight. He asked Brad
Bullet, City Planner, to present previous information regarding this issue.
Brad Bullet, City Planner, gave an overview of what had happened in the past with this matter. He stated
if there is enough City Council support to amend the code to allow this use, it could be done through a
CUP, but if there is not enough support, enforcement action would begin.
Councilmember Gutierrez gave an overview of this item. He felt this was a situation where the Knecht's
have not gone by all the laws, but have a lot of love for the dogs. He hoped that the City would not tell
them to get rid of their dogs. He felt they should be allowed to breed their dogs. He felt compassion and
creativity should be used to help these people so they do not leave the City.
Councilmember Spagnolo stated he has reviewed all of the previous information about this matter. He
stated these people got caught in a business they were not supposed to be running on their property. He
felt we have done the Knecht's an injustice by letting this go on for so long. He stated their facilities are
clean and that if a CUP is given, there will be a lot of problems when other people want to do the same
thing.
City Council Minutes
January 5, 2005
Page 10
Brad Bullet, City Planner, reiterated that if the City Council wants to change this, an amendment to the
code is needed, but that staff needs to be given direction to do this and bring back the amendment at a
future meeting. He stated the other option is for the City Council to say no.
Councilmember Williams stated she is concerned if we will be in a position to look for these types of
violations throughout the City so we can start enforcing these types of issues. She stated if we do go
ahead with enforcement, she felt the Knecht's should be given 90 days to get rid of the animals. She did
not want the action to start tomorrow. She stated she would like for the codes to be looked at in the
future to deal with these types of issues.
Councilmember Gutierrez felt if someone has at least an acre, if there are no conflicts with neighbors, and
in this case, there are no neighbors above them, he felt we could be flexible. He wished the family could
be here to defend themselves. He felt they should be given notice if they have to get rid of their animals.
He asked if the family could be given the opportunity to bring a proposal to the Council.
Brad Buller, City Planner, stated anyone can appear before the Planning Commission or Council to
request that either body support the initiation of an amendment to the code. He stated they would have to
pay for the code change.
James Markman, City Attorney, stated this does not happen very often where a resident pays for a code
change. He stated if the Council wants to take the enforcement action, the Knecht's will have to get rid of
their dogs except for three of them. He stated the Council needs to,give staff direct, ion.
Mayor Alexander opened the meeting for public input. Addressing the City council were:
Nicole Myerchin stated she is appalled at Councilmember Gutierrez and stated the Knecht's have
had plenty of time to prepare for this. She stated they have broken the law by not getting the
proper permits. She stated this is not sending a good message to people in the community. She
felt if this is approved, it would be setting a precedent. She felt they should be allowed to only
keep three dogs. She stated this was voted down before and did not think it should continue to
be brought up over and over again.
Barbara Marsh stated she is in dog rescue. She felt this was an issue of how a resident keeps
their property. She felt people's homes should be protected because their home is their greatest
possession. She did not feel people should be allowed to keep ten dogs. She stated her
organization places golden retrievers in homes. She felt the Council should enforce the codes.
She stated her organization will be happy to help the Knecht's.
Mike Ploung, resides near the top of Hermosa, stated he has always been conscious of his dogs
so that they do not bother his neighbors. He stated he would like there to be solitude in his
neighborhood.
Councilmember Gutierrez felt these people are worthy of the Council's consideration. He stated he would
support what the majority of the Council wants to do.
James Markman, City Attorney, stated if there is no action tonight, Animal Control will start their process
by sending the Knecht's a Fetter.
Brad Buller, City Planner, stated he would work with Mark Salazar, Code Enforcement Supervisor, so
they can work with Animal Control on this issue.
Jack Lam, City Manager, suggested that if the Council wants to, the Knecht's can be given 60 days
before compliance measures are started.
Mayor Alexander felt the rest of the community should be treated fairly too.
City Council Minutes
January5, 2005
Page 11
ACTION: The Council concurred to give the Knecht's 60 days notice before compliance measures are
staded.
J2. CONSiDERATiON OF LIBRARY FOUNDATION BOARD'S RECOMMENDATION FOR NEW
BOARD MEMBER
A staff report was presented by Deborah Clark, Library Director.
MOTION: Moved by Williams, seconded by Gutierrez to appoint Ned Leonard to the Library Foundation.
Motion carried unanimously 4-0-1 (Michael absent).
J3. LEGISLATIVE UPDATE (Oral)
Councilmember Williams stated the Governor gave the State of the State Address tonight and that the
major problem is the State's budget. She hoped that transportation funding will not be hit. She stated we
have received good news on the federal level because David Dreier has been selected to keep his
position on the Rules Committee. She stated Congressman Jerry Lewis (Congressman on the East side)
will be chairing the House Appropriations Committee.
II K. IDENTIFICATION OF ITEMS FOR THE NEXT MEETING I
See Council Communications made by Councilmember Spagnolo.
[] L. PUBLIC COMMUNICATIONS
L1. John Lyons stated he wanted to complain about the water project on Rochester and Chervil and the
signal there. He stated people are driving through the signal because you have to wait so long to get
through it. He felt the timing should be fixed.
Councilmember Gutierrez felt Rochester and Lark should also be looked at.
Mr. Lyons felt the potholes should also be looked at. He mentioned the Planning Commissioner who
stated he would have people come to the Council meeting and talk about the Mayor if he and others do
not quit speaking. He stated he does not like the idea that a Planning Commissioner would say this.
L2. Rich Fletcher, Planning Commissioner, stated he does not know where Mr. Lyons gets his
information. He felt he was acting infantile. Re stated this is irritating. He stated the Council are the
ones people want to hear from. He stated Mr. Lyons feels he can attack whomever he wants. He stated
he did not tell Mr. Lyons he could not speak, and that he can make a fool of himself if he wants to. He did
not feel anyone should have to listen to Mr. Lyons' threats to get rid of the Council.
Mayor Alexander stated whether we like what people have to say or not, you cannot tell people they can
or cannot speak. He felt the public always has the right to speak.
Mr. Fletcher stated the Planning Commission Chair always talks to the audience about how the meeting
will be run. He asked that Mr. Lyons be more civil and that this is not a podium for personal attack.
L3. Nicholas Gidgeon commented on the Rochester issue and felt the work has been finished now. He
stated there is a new median between East Avenue and Etiwanda on Banyan and that he hit it. He asked
if there is a reason to have it at that location.
City Council Minutes
January 5, 2005
Page 12
Joe O'Neil, City Engineer, stated it is for safety reasons and to keep people from cutting through a
residential area.
L4. Richard Heilman felt someone should applaud the City Council. He felt everyone should stop the
petty bickering and appreciate all of the great things in the City.
L5. Isaac Robertson stated he agrees with Mr. Heilman and felt the City was very nice. He agreed that
the people with the dogs broke the law, but did not feel they should have the dogs taken away from them.
He felt they should be fined and that the dogs should be spayed and neutered. He also felt over a certain
size property should be allowed to have as many dogs as they want.
MOTION: Moved by Williams, seconded by Gutierrez to adjourn. Motion carried unanimously 4-0-1
(Michael absent). The meeting adjourned at 8:54 p.m.
Approved: January 19, 2005