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HomeMy WebLinkAbout2005/06/15 - Minutes June 15, 2005 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meetinq II A. I A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, June 15, 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 7:27 p.m. Present were Councilmembers: Rex Gutierrez, L. Dennis Michael, Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; Pamela Easter, Deputy City Manager; James Markman, City Attorney; Linde D. Daniels, Redevelopment Director; Jan Reynolds, RDA Analyst; Larry Temple, Administrative Services Director; Tamara Layne, Finance Office; Manuel Pilonieta, Information Systems Manager; Lorraine Phong, Information Systems Analyst; Mike Toy, Information Systems Specialist; Ingrid Bruce, GIS/Special Districts Supervisor; Dawn Haddon, Purchasing Manager; Joe O'Neil, City Engineer; Brad Buller, City Planner; Dan Coleman, Principal Planner; Mark Salazar, Code Enforcement Supervisor; Kevin McArdle, Community Services Director; Dave Moore, Recreation Superintendent; Francie Palmer, Marketing Manager; Paula Pachon, Management Analyst Ill; JoAnn Gwynn, Recreation Coordinator; Ryan Samples, Recreation Coordinator; 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; Shirr'l Griffin, Office Specialist II - City Clerk's Office; and Debra J. Adams, City Clerk. Absent was Councilmember: Sam Spagnolo [[ B. ANNOUNCEMENTS/PRESENTATIONS I B1. Acceptance of Inland Empire Section APA (American Planning Association) Award for Outstanding Planning Project - Victoria Gardens. Brad Buller, City Planner, presented the award to the City Council with a power point presentation given by Dan Coleman, Principal Planner. It c. PUBLIC COMMUNICATIONS C1. Leslie Grimes congratulated the Planning Department on doing such a wondedul job with Victoria Gardens. She stated she is concerned about what she has been reading in the papers regarding the Board of Supervisors and the Colonies Development. She stated she has always felt perception is everything. She commented on Jim Brulte working with the Colonies. She stated he is a personal friend of one of the Colonies people. She stated the judge ruled in favor of the Colonies and now it is going to a Court of Appeals. She stated she felt an attorney should be involved in the settlement of this. She felt the public should be aware of this and hoped they would look up the information. She felt people should express their outrage in the newspaper. City Council Minutes June 15, 2005 Page 2 C2. John Lyons, Etiwanda, stated he went to a Chamber lunch today and the President stated he went to the ICSC Conference and commented on how well known Rancho Cucamonga is. He stated developers are wanting to use City services and not pay for anything and felt the City should take a c~oser look at this. He stated Victoria Gardens is a great place except for the three story apartment buildings. C3. Jim Frost, City Treasurer, commented on the per capita cost for police department. He felt the Police Department does a great job and that the City always continues looking to see if it is efficient to continue with the County or have our own police department. He complimented the City Council on the opening of the Central Park project. He stated ha looks forward to the next phase of Central Park. He stated he was with a group of motorcyclist involved in the Run for the Wall Event, which is a POW/MIA awareness event. He stated it is a way for veterans to come to terms with what has happened in their lives. He stated he would like to see if Victoria Gardens might be a starting place to start this run next year. Councilmember Michael encouraged him to meet with the General Manager of Victoria Gardens to discuss this. C4. A man (did not identify himself) congratulated the veterans for getting home from their ride. He congratulated the City for the opening of Central Park. He asked that the Council discuss at the next meeting the possibility of placing at Central Park a sign for identifying that the Freedom's Flame would be located there. C5. Hilda Phillips of Terra Vista felt the ground zero tribute is very important. She felt other people would also appreciate the Freedom's Flame going in at Central Park. She asked the City Council to consider this. She commented on how great the Senior Center is. She stated the City is very beautiful. II D. CONSENT CALENDAR I D1. Approval of Minutes: May 18, 2005 June 1,2005 June 1,2005 (Special Meeting) D2. Approval of Warrants, Register 5/25/2005 through 6/7/2005 and Payroll 5.25.2005 through 6/7/2005, for the total amount of $2,699,860.68. D3. Approve to receive and file current Investment Schedule as of May 31,2005. D4. Approval of the Parks, Recreation Facilities and Community Services Update. D5. Approval for the purchase of one (1) lot of IBM Notebooks, Thinkcenter CPU's, Monitors, Imagine, Warehousing, and Deployment services to the lowest respo, hsible bidder, Insight Public Sector, in the amount of $371,676, to be funded from Acct. Nos. 1001209-5200 (MIS Maintenance and Operations) for monitors in the amount of $65,558, Acct. No. 1001209-5300 (MIS Contract Services) for warranties in the amount of $61,100 and Acct. No. 1001209-5605 (MIS Capital Outlay Computer Hardware) for desktop and notebook computers in the amount not to exceed $245,018, for the Citywide Downstream Upgrade and Replacement Program. D6. Approval for the single source purchase of Motorola radios and accessories from Comserco Communications, of Riverside, in the amount of $53,715.00, funded from Acct. No. 1382105-5603 (COPS/Dreier EOC Grant - Capital Outlay-Equipment), and authorization to transfer $1,161.00 from Acct. No. 1382105-5152 (Computer Software) and $21,649.00 from Acct. No. 1382105-5300 (Contract Services) to Acct. No. 1382105-5603. City Council Minutes June 15, 2005 Page 3 D7. Approval of Amendment to the CDBG Budget for Fiscal Year 2004/05 by appropriating $18,736.35 to Acct. No. 1204304-5650-1342204 for improvements to the Norton Fisher House and $16,500.00 to Acct. No. 1204314-5650-1230204 for the Home Improvement Program; and appropriating $35,236.35 into grant revenue Acct. No. 1204000-4740. D8. Approval to establish an "Integrated Waste Management Fund" (Fund 188) to account for revenues and expenditures associated with the collection of AB939 recycling fees; authorization to transfer AB939 fund balance of $1,665,071 and estimated current year net AB939 revenues of $246,170 (total of $1,911,241) from the General Fund to the Integrated Waste Management Fund; and authorization to transfer appropriations in the amount of $1,911,241 into Acct. No. 1188000-8001 and $1,911,241 into Acct. No. 1001001-9188. D9. Approval of a request from the Rancho Cucamonga Quakes for a waiver of rental fees associated with a Family Fun Fest to be held at the Rancho Cucamonga Epicenter on July 6, 2005. D10. Approval of a request by Alta Loma and Citrus Little Leagues and District 21 for a light variance requested for Major (11-12) Division Ali-Star Tournament hosted by Alta Loma and Citrus Little League on July 5 - July 20, 2005, at Heritage Park and Red Hill Park. D11. Approval of Amendment to the City's Salary Resolution No. 04-313 to include Animal Services Director Classification. D12. Approval of a Resolution to supercede Resolution No. 85-130 which will amend the list of officers who are authorized to participate in the Local Agency Investment Fund for the City of Rancho Cucamonga. RESOLUTION NO. 05-85-130A A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE LIST OF OFFICERS WHO ARE AUTHORIZED TO ORDER THE DEPOSIT OF WITHDRAWAL OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND FOR THE CITY OF RANCHO CUCAMONGA D13. Approval to execute an Addendum to the Software License and Support Agreement between SunGard Bi-Tach, Inc., and the City of Rancho Cucamonga in the total amount of $87,378 ($32,250 for software license fees funded out of Acct. No. 1001209-5152; $5,328 for first year support and $49,800 for professional services funded out of Acct. No. 1001-209-5300); and authorization to purchase three (3) iBM X Series 336 Servers from IBM Corporation in an amount not to exceed $30,000 to support the software upgrade (funded out of Acct. No. 1001209-5605). D14. Approval to increase the contract amount for gasoline and diesel fuel for Fleet Maintenance and the Police Department from Poma Distributing Company, Inc., of San Bernardino, in an annual amount not to exceed $270,000, funded from Acct Nos. 1001317-5255 and 1001317-5256 and an annual amount not to exceed $210,000, funded from Acct. No. 1001701-5255, as approved in the FY 04/05 amended budget. D15. Approval of release of a deposit and payment in the amount of $179,724.09 to Rancho Etiwanda 685, LLC, for a developer deposit associated with the formation of Landscape Maintenance District 10 and approval of an appropriation of $179,724.09 to Acct. No. 1140-303-5650/1026140-0, to be funded from LMD No. 10 (Fund 140) fund balance. D16. Approval to reject all bids received for the Grove Avenue Street Improvements from 8th Street to Arrow Route as non-responsive to the needs of the City, and approval to authorize the re-advertising of the "Notice Inviting Bids" for the Grove Avenue Street Improvements from 8th Street to Arrow Route, to be funded from Acct. Nos. 1180-303-5650/1472180-0 and 1208-303-5650/1472208-0. City CouncilMinutes June15,2005 Page 4 RESOLUTION NO. 05-194 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING AND DIRECTING THE CITY CLERK TO RE-ADVERTISE TO RECEIVE BIDS FOR THE "GROVE AVENUE STREET IMPROVEMENTS FROM 8TM STREET TO ARROW ROUTE" D17. Approval for award and execution of Professional Services Agreement in the amount of $79,760.00 to AKM Consulting Engineers (CO 05-056), and authorize the expenditure of a 10% contingency in the amount of $7,976.00 for the update of the Etiwanda/San Sevaine Area Drainage Master Plan and Fees Update, to be funded from Fund 001 - General Fund, Acct. No. 1001305-5300. D18. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $37,352.50 to the apparent Iow bidder, Athletic Field Specialists, Inc. (CO 05-057), for the base bid and additive bid of their proposal, and authorize the expenditure of a 10% contingency in the amount of $3,735.25 for the "Renovation of Two Baseball Fields at Red Hill Community Park" project, to be funded from Park Development funds, Acct. No. 1120305-5650/1222120-0. D19. Approval of an agreement for Purchase and Sale of Real Property between the City of Rancho Cucamonga and Foothill Crossing, LLC (CO 05-058), authorize the expenditure of funds for the purchase price and appropriate $6,532,579.50 (purchase price) to Acct. No. 2660801-5650/1360660-6312 from the 2004 TAB Bond proceeds. D20. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $1,084,270.00 to the lowest responsible bidder, H & H General Contractors, Inc. (CO 05-059), and authorize the expenditure of a 10% contingency in the amount of $108,427.90 for the "Foothill Boulevard Storm Drain Improvements and Pavement Rehabilitation from Ramona Avenue to Hermosa Avenue" project, to be funded from General Engineering Project Management funds, Acct. No. 1001307- 5650/1506001-0, and appropriate an additional amount of $200,000.00 to Acct. No. 1001307- 5650/1506001-0 from General Engineering Project Management fund balance. D21. Approval of a Professional Services Agreement with Maximus (CO FD 05-060) in the amount of $25,000 to perform a comprehensive review of Fire District f~es, to be funded from Acct. No. 1016301- 5300. D22. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $174,945.00 to the apparent Iow bidder, Roadway Engineering, Inc. (CO 05-061), and authorize the expenditure of a 10% contingency in the amount of $17,494.50 for The Northeast Corner of Etiwanda Avenue and Banyan Avenue Curb Return project, to be funded from Transportation funds, Acct. No. 1124303-5650/1466124-0 and appropriate an additional amount of $16,000.00 to Acct. No. 1124303- 5650/1466124-0 from Transportation fund balance. D23. Approval to accept the bids received, award and authorize the execution of a contract in the amount of $38,405.00 the apparent Iow bidder, Sadie Construction, Inc. (CO 05-062), of Atwood, California, and authorize the expenditure of a 10% contingency in the amount of $3,840.00 for "Citywide Street Name Sign Replacement, Phase 3" project, from the Capital Reserve Acct. No. 1025001-5300 as approved in the FY 04/05 budget. D24. Approval to accept improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for improvements for DRC2001-00572, located at 9649 Foothill Boulevard on the south side of Foothill Boulevard, east of Archibald Avenue, submitted by McDonald's Corporation. City Council Minutes June 15, 2005 Page 5 RESOLUTION NO. 05-195 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2001-00572 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D25. Approval of Improvement Agreement Extension for DRC2003-00732, located on the north and south sides of Jack Benny Drive, east of Rochester Avenue, submitted by Bates-Evergreen Partners, LLC & Stadium Plaza South, LLC. RESOLUTION NO. 05-196 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR DRC2003-00732 D26. Approval of Improvement Agreement Extension for DRCDR00-79, located at the southwest corner of Foothill Boulevard and Haven Avenue, submitted by Burnett Development Corporation. RESOLUTION NO. 05-197 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR DRCDR00-79 D27. Approval to accept Improvements, release the Faithful Performance Bond and file a Notice of Completion for the perimeter improvements for Tract 15814, located on the southwest corner of Highland and Rochester Avenues, submitted by Fieldstone Communities, Inc. RESOLUTION NO. 05-198 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE TRACT PERIMETER IMPROVEMENTS FOR TRACT 15814 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D28. Approval to accept the Phase 1B of Community Facilities District 2001-01, Contract No. 03-073 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 $10,488,241.41. RESOLUTION NO. 05-199 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PHASE lB OF COMMUNITY FACILITIES DISTRICT 2001-01, CONTRACT NO. 03-073 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D29. Approval to accept Improvements, release the Faithful Performance and Labor and Materials Bonds, and file a Notice of Completion for Citywide Street Name Sign Replacement, Phase 2. City Council Minutes June15,2005 Page 6 RESOLUTION NO. 05-200 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CITY,VIDE STREET NAME SIGN REPLACEMENT, PHASE 2 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. Motion carried unanimously Rex 4-0-1 (Spagnolo absent). E. CONSENT ORDINANCES El. CONSIDERATION OF 2ND READING OF AN ORDINANCE TO ESTABLISH PRIMA FACIE SPEFD LIMITS ON CERTAIN CITY STREETS Debra J. Adams, City Clerk, read the title of Ordinance No. 743. ORDINANCE NO. 743 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 10.20,020 OF THE RANCHO CUCAMONGA CITY CODE TO ESTABLISH PRIMA FACIE SPEED LIMITS ON CERTAIN CITY STREETS MOTION: Moved by Michael, seconded by Williams to waive full reading and approve Ordinance No. 743. Motion carried unanimously4-0-1 (Spagnolo absent) F. ADVERTISED PUBLIC HEARINGS Fl. CONSIDERATION OF RESOLUTIONS AND ORDINANCE RELATING TO THE PROPOSED MODIFICATIONS TO THE FACILITIES AUTHORIZED TO BE FINANCED, THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES AND THE BOND AUTHORIZATION FOR COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT} Mayor Alexander stated this is the time and place for the combined public hearings relating to Community Facilities District No. 2000-03 (Rancho Summit). He added these public hearings relate to the proposed modifications to the facilities authorized to be financed by such district, the rate and method of apportionment of special taxes authorized to be levied within such district and the bond authorization for such district. He asked the City Clerk to report on the notice of the public hearings. Debra J. Adams, City Clerk, stated the notice of the public hearing has been given in the form and manner as required by law. A staff report was presented by Ingrid Bruce, GIS/Special Districts Supervisor. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. City Council Minutes June15,2005 Page 7 Ingrid Bruce, GIS/Special Districts Supervisor, stated there has been no protest count of registered voters or owners relating to this. RESOLUTION NO. 05-201 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT), MAKING CERTAIN DETERMINATIONS AND AUTHORIZING THE SUBMITTAL OF THE PROPOSED MODIFICATIONS TO THE FACILITIES AUTHORIZED TO BE FINANCED BY SUCH DISTRICT, THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES TO BE LEVIED WITHIN SUCH DISTRICT AND THE AUTHORIZED BONDED iNDEBTEDNESS FOR SUCH DISTRICT TO THE QUALIFIED ELECTORS THEREOF FOR SUCH DISTRICT MOTION: Move,d by Williams, seconded by Gutierrez to approve Resolution No. 05-201. Motion carried unanimously 4-0-1 (Spagnolo absent). Debra J. Adams, City Clerk, canvassed and announced the results of the election by stating Proposition A, B and C received 130 votes in favor and there was no opposition. RESOLUTION NO. 05-202 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT), DECLARING THE RESULTS OF A SPECIAL ELECTION TO AUTHORIZE MODIFICATIONS TO THE FACILITIES TO BE FINANCED, THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES TO BE LEVIED AND THE BONDED INDEBTEDNESS FOR SUCH COMMUNITY FACILITIES DISTRICT MOTION: Moved by Michael, seconded by Williams to approve Resolution No. 05-202. Motion carried unanimously 4-0-1 (Spagnolo absent). RESOLUTION NO. 05-203 A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FORM OF AN ACQUISITION/FINANCING AGREEMENT PERTAINING TO COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) MOTION: Moved by Michael, seconded by Gutierrez to approve Resolution No. 05-203. Motion carried unanimously 4-0-1 (Spagnolo absent). Mayor Alexander read the title of Ordinance No. 744. ORDINANCE NO. 744 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING ORDINANCE NO. 643 AND AUTHORIZING THE LEVY OF A SPECIAL TAX OF COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) PURSUANT TO AN AMENDED AND RESTATED RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX City Council Minutes June 15, 2005 Page 8 MOTION: Moved by Williams, seconded by Gutierrez to waive full reading and set second reading of Ordinance No. 744 for the July 6, 2005 meeting. Motion carried unanimously 4-0-1 (Spagnolo absent). G. PUBLIC HEARINGS I No Items Submitted. n. CITY MANAGER'S STAFF REPORTS H1. APPROVAL OF PACIFIC ELECTRIC INLAND EMPIRE TRAIL STATUS AND REJECTION OF Al I BIDS RECEIVED FOR THE PACIFIC ELECTRIC INLAND EMPIRE TRAIL CONSTRUCTION FROM AMETHYST AVENUE TO ARCHIBALD AVENUE (PHASE II) AS NON-RESPONSIVE TO THE NEEDR OF THE CITY. A staff report was presented by Joe O'Neil, City Engineer Councilmember Michael asked when he would be going out toibid for phase I and 2. Joe O'Neil, City Engineer, stated if the Council follows staff'§ recommendation, they should be able to finish up the design on the Haven to Etiwanda piece in the next three months and in the fall they would be going out to bid so that construction should start in January 2006 on both phases. Councilmember Gutierrez asked Joe O'Neil, City Engineer, to explain what the trail would look like. Brad Buller, City Planner, explained this. Councilmember Williams asked if Brad Bullet, City Planner, and Joe O'Neil, City Engineer, have looked at this to see if anything can be taken out to lower the amount of the project. Brad Buller, City Planner, stated that is a possibility and something to be looked at for the next bid process. Joe O'Neil, City Engineer, added the signals add a lot to the total amount of the project. Councilmember Williams asked if there was any opportunity for grant applications. Joe O'Neil, City Engineer, stated they are always looking for these. Mayor Alexander opened the item for public comment. There being no response, public comment was closed. MOTION: Moved by Williams, seconded by Michael to approve staff's recommendation. Motion carried unanimously 4-0-1 (Spagnolo absent). H2. UPDATE ON PROGRAMS AT THE CENTRAL PARK JAMES L. BRULTE SENIOR CENTER AND GOLDY S. LEWIS COMMUNITY CENTER (Oral) A staff report and power point presentation were given by Dave Moore, Recreation Superintendent; Ryan Samples, Recreation Coordinator; and JoAnn Gwynn, Recreation Coordinator. City Council Minutes June 15, 2005 Page 9 ACTION: Report received and filed 11 I. COUNCIL BUSINESS II I1. DISCUSSION ON COST CONSIDERATIONS RELATED TO THE TRANSITION FROM A COUNTY TO A CITY OPERATED ANIMAL SHELTER A staff report was presented by Pamela Easter, Deputy City Manager, who stated City staff has been working with County staff on the Transition Agreement for the two agencies as we transition January 31, 2006 to a City operated facility. She stated as part of the proposal by the County, they have stated they plan on a $377,000 transition attrition cost to cover the County staff that currently run the shelter, which will not have jobs with the County once the transition is completed. She stated the County has asked the City to pay for this cost until they are absorbed into vacant positions at the County. She stated Mayor Alexander and Councilmember Spagnolo have expressed concern for this and wanted to make the entire Council is aware of this. Mayor Alexander felt this is a form of extortion and did not feel they deserved any money to phase out their obligation. He did not feel the City is obligated to supply employment for the County of San Bernardino once the City takes over this facility. He stated our budget is already tight and did not feel it is the City's fault that the County did not heed what the Council was asking for as far as obeying the law, and did not feel they did the things they were supposed to do. He hoped this would be an amiable transition and hoped they could keep their jobs for a period of time, but he did not feel the City should pay them $377,000. Councilmember Michael asked for clarification of this process. Pamela Easter, Deputy City Manager, outlined the steps that would be taken to complete the transition process. She stated they have an aggressive role to complete this by January 31, 2006. Councilmember Michael stated this is the County's first attempt to come up with an amount. Pamela Easter, Deputy Manager, stated the City will be working with the County to reduce this cost they are asking for. Councilmember Michael asked if we paid a transition cost when we transitioned the Library. Jack Lam, City Manager, stated this should be done in an orderly way for the City to take over the service. He stated with the Library we had a little over two years. He told the process that occurred to complete this transition. He stated the County transition was a little over $750,000, which was paid over 10 years. He stated this could not be done with the shelter because there is no tax to be paid. Councilmember Williams asked if it is possible that some of these people might have jobs once the transition is completed. She felt they should be treated fairly and do what we need to do. Pamela Easter, Deputy City Manager, confirmed this. Mayor Alexander asked how much consideration was given to Library employees when their transition was done. He also asked how we transition a contract employee out of the City. Jack Lam, City Manager stated the difference is a contract employee vs. contract services and we are paying them transition cost. He stated on the Library side, we negotiated that differently because we were able to put those transition costs into the transfer of the taxes to be paid, and added there are no taxes to be paid here. City Council Minutes June 15, 2005 Page 10 Councilmember Gutierrez asked if this is common practice to pay this money. Jack Lam, City Manager, stated it is common to have transition costs. Mayor Alexander did not feel we are obligated to pay this and felt it was taking away from our residents. Councilmember Gutierrez felt if this is common practice and we expect the County to help us to be on our own it might be warranted and felt this should be explored. Councilmember Michael stated it if was the City, we would try to absorb them into our system some way. He felt if some of these County employees have 60 to 70% of the qualifications for a position, they should be absorbed into other types of positions. He asked Pamela Easter, Deputy City Manager, to put this as a negotiating point with the County. Jack Lam, City Manager, stated the staff would do its best to negotiate this transition process. Mayor Alexander opened the meeting for public input. Addressing the City Council were: A lady (did not identify herself) stated she agreed with the Mayor and felt this was too much money. She stated they are breaking the law and felt they should be penalized. She stated Nicole Myerchin keeps reporting to her about the animals that are being killed at the shelter. She stated there are other issues at the shelter also. She felt someone needs to be down there policing the lives of the animals now while the transition is going on. She hoped the Council would go down to the shelter and see for themselves what is going on. John Lyons felt this should be put on the ballot for an election because it needed some tax base. He felt by July 1 we should get volunteers to run the shelter. He felt Code Enforcement could also do animal control. Leslie Grimes stated she goes along with the Mayor and did not understand the $377,000 cost for the transition. She did not feel we should be absorbing their salaries until they find a job. Ted Myerchin stated this money would pay for a full time Vet and other services for a full year. He felt we needed to get the right people in the shelter before we remodel. He felt this would be paying extortion fees if we do this. Councilmember Williams felt we need a good business plan in place before we start quoting numbers. Jack Lam, City Manager, stated we are working on the business plan and then the Council can decide if it is a good plan or not. Leslie Grimes hoped the City will go to Riverside's shelter and talk to their people to get an idea of their costs. They could also be talked to about how,they get their volunteers. Counci~member Gutierrez felt this is very scary to do this transition. He felt Rancho Cucamonga is a volunteer City and would hopefully get many people to volunteer at the shelter. ACTION: Report received and filed. 12. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Councilmember Michael stated we are approaching a great celebration on July 4th, He stated because he is an former Fire Chief, he wanted to remind the public that fireworks are not allowed in the City. He hoped people would keep the City as safe as possible. He commented on the volunteer event this past weekend. He encouraged people to join the Fire Safe Council and volunteer to help keep the City safe. City Council Minutes June 15, 2005 Page 11 Councilmember Williams also commented on the volunteer celebration and stated it was wonderful. She stated there are some volunteers at the Library that have been doing this a very long time and stated her hat is off to them. She also informed everyone about the steel going up at Victoria Gardens for the Cultural Center. She stated July 15~h there would be a topping off celebration for the Cultural Center because it will be the tallest piece of steel installed, which would be at least 70 feet. She stated in less than one year this facility will be open. Councilmember Gutierrez endorsed everything that has been said about fireworks and stated it is a safety issue. He felt it was a good thing what the City is doing to save the lives of the animals. He told about traffic problems in some of the neighborhoods and the speed that is occurring through these neighborhoods. He asked everyone to slow down. James Markman, City Attorney, stated that due to the fact we did not have a quorum at 5:30 when closed session began, he is assuming the Council would like to handle this matter at this time. He stated there is now a need to add an item to the closed session agenda regarding pending litigation with the Spirit of the Sage Council. MOTION: Moved by Williams, seconded by Gutierrez to add the closed session as indicated above. Motion carried unanimously 4-0-1 (Spagnole absent). II j. ADJOURNMENT MOTION: Moved by Williams, seconded by Gutierrez to adjourn to closed session. Motion carried unanimously 4-0-1 (Spagnolo absent). The meeting adjourned at 9:21 p.m. with no action taken in closed session. Respect full. y.-s~Lb m itt ed. Debra J. Adam~, CMC City Clerk Approved: July 20, 2005