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HomeMy WebLinkAbout2005/04/20 - Minutes April 20, 2005 CITY OF RANCHO CUCAMONGA CITY COUNCIL CLOSED SESSION MINUTES II ^. CALL TO ORDER I The Rancho Cucamonga City Council held a closed session on Wednesday, April 20, 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. Aisc present were: Jack Lam, City Manager; Pamela Easter, Deputy City Manager; and James Markman, City Attorney; Linda Daniels, RDA Director; Joe O'Neil, City Engineer. 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 GENERALLY LOCATED ON THE SOUTHWEST CORNER OF FOOTHILL BOULEVARD AND DAY CREEK BOULEVARD; O & S HOLDINGS, LLC; JOE O'NEIL, CITY ENGINEER, AND LINDA DANIELS, RDA DIRECTOR, NEGOTIATING PARTY; REGARDING SALE OF PROPERTY - CITY B2. PERFORMANCE EVALUATION OF CITY MANAGER PER GOVERNMENT CODE SECTION 54957. (CONTINUED FROM APRIL 6, 2005) [ C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) No communication was made on the closed session item. D. CONDUCT OF CLOSED SESSION The closed session began at 5:35 p.m. E. CITY MANAGER ANNOUNCEMENTS AND REPORTS City Council Minutes April 20, 2005 Page 2 The closed session recessed at 6:40 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, April 20, 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 7:39 p.m. Present were Councilmembers: Rex Gutierrez, L. Dennis Michael, Sam Spagnolo, Diane Williams and Mayor William J. Alexander. Aisc present were: Jack Lam, City Manager; James Markman, City Attorney; Pamela Easter, Deputy City Manager; Michael Nelson, Sr. RDA Analyst; Larry Temple, Administrative Director; Dawn Haddon, Purchasing Manager; Lorraine Phong; Information Systems Analyst; Shelly Munson, Information Systems Specialist; Dan James, Sr. Civil Engineer; Bob Zetterberg, Waste Management Coordinator; Brad Buller, City Planner; Tom Grahn, Associate Planner; Trang Huynh, Building Official; Kevin McArdle, Community Services Director; Dave Moore, Recreation Superintendent; Francie Palmer, Marketing Manager; Paula Pachon, Management Analyst III; Captain Pete Ortiz, Rancho Cucamonga Police Department; Chief Peter Bryan, Rancho Cucamonga Fire Protection District; Kathryn L. Scott, Deputy City Clerk; and Shirr'l Griffin, Office Specialist II. B. ANNOUNCEMENTS/PRESENTATIONS B1. Announcement by the Leukemia & Lymphoma Society's Team in Training Program. Mel Hill, Coach for Team in Training, stated that "Team in Training" is the fundraising arm of the Leukemia & Lymphoma Society and is the largest endurance ,training program in the World. He said the purpose is to find a cure for leukemia and lymphoma and other blood-related diseases, as leukemia is the largest killer of any childhood disease in children of ages 1 to 14. He announced that they are forming the Fall group, which means they will be training for the Long Beach Half Marathon, the San Francisco NIKE Marathon and the Maul Marathon. He left information on the "Team in Training" meeting times for fall training sessions. Mayor Alexander presented a Proclamation to Mel Hill, on behalf of the Leukemia and Lymphoma Society. B2. Presentation of California Society of Municipal Finance Officer's (CSMFO's) Certificate of Award for Excellence for Outstanding Financial Reporting for the Fiscal Year ended June 30, 2004. City Council Minutes April 20, 2005 Page 3 Laura Nomura, Chair for the inland Chapter of the California Society of Municipal Finance Officers presented the Award to the Mayor and Members of the City Council for the City of Rancho Cucamonga. She stated that the Certificate of Award for Outstanding Financial Reporting is issued in recognition of meeting professional standards and criteria in financial reporting, which reflect a high level of quality in the annual financial statements and underlying accounting system from which the reports were prepared. She said Rancho Cucamonga is one of 161 cities out of the 478 total cities in California to be awarded this honor; and it is the 15th time the City has been awarded the Certificate for Outstanding Financial Reporting. B3. Presentation of a Proclamation declaring April 25 - May 1 as "West Nile Virus and Mosquito and Vector Control Awareness Week." Mayor Alexander presented the Proclamation to Dr. Min-Lee Cheng, District Manager, West Valley Mosquito and Vector Control District. Dr. Min-Lee Cheng, discussed the importance of educating and increasing the public's awareness of the threat of the West Nile Virus and related diseases. B4. Presentation of a Proclamation declaring April 3 - 9 as "National Architecture Week." Mayor Alexander presented the Proclamation to Herta Gaus, President of American institute of Architects, Inland Empire Chapter. Herta Gaus stated the American Institute of Architects, Inland Empire Chapter, wanted the public to be aware that they are a resource and the licensed architects are happy to volunteer as a sounding board or to provide input on issues. II c. PUBLIC COMMUNICATIONS I C1. Steve Marston regarding group homes in the Sapphire/Hillside area; he asked for the City Council to help. He commented that there is also a child molester in the neighborhood. He said OPARC vans are always in and out of the neighborhood and the high-speed traffic in the neighborhood is a problem. He submitted a petition to stop new group home at 5641 Carol. He said his neighborhood is ruined; he asked if anybody had any information that could help him. Councilmember Michael asked Police Chief Ortiz if he could make contact with OPARC to discuss the issues of their van drivers speeding in the neighborhood. C2. Klm Felten re concerns with four homes being built on the west side of Klusman Avenue, north of Diamond Avenue. She said in November 2003 they lost an appeal of four homes being built on a very small lot on Diamond Avenue and Klusman. She said the project was approved subject to no windows on the 2® story in the back of the houses and enhanced landscaping. She wants to know why these things are not being done as approved. Councilmember Gutierrez said we do need to set this straight for these people. Brad Buller, City Planner, stated staff met with the neighbors. He said the photo that was passed around was an older photo and the condition that was placed on the project was that there would be either no windows on non-view windows or architectural changes made to the rear elevations of those buildings. He said those window spaces that are shown in the photo are non-view glass windows. He said there is no ability for those homeowners in the new homes to look out their windows into their backyards or into the backyards of others. Ms. Feiten said when you open the windows, you can look into the yards. City Council Minutes April 20, 2005 Page 4 Mr. Bullet stated in reviewing the architectural changes to the backs of these homes, the only operable windows are windows that have a sill height of 5'7" from inside the room and they are only 2' x 2' square windows. Mr. Bullet said it is an issue where we as City staff believe that the developer is in line with the conditions of approval and is moving forward with the project, and there is definitely a disagreement in that decision. Another neighbor stated that the final resolution states that there would be no windows in the back of the home; she said they were never told about obscured windows. She said they are just trying to get what they were told. Mayor Alexander stated that City Council approved the houses but didn't specifically set the condition on the windows. He said he attempted at least ten times to review the audiotape, but it was not audible. It was agreed that this item would be agendized for the next City Council meeting. C3. Sherrill Ichiho (same as C2 above). C4. John Lyons regarding group homes and the price of gasoline; should look at helping senior citizens or people in need due to the gas crisis. C5. George Rushe re invitation to Council to the Rancho Cucamonga Bachelor & Bacheloretts Square & Round Dance Club 34~h Anniversary Dance on May 13th at the R.C. Senior Center. C6. Bill McCliman regarding the position of City Manager, City Council maintaining control, Safety Blue Ribbon Commission and Fire Resolution FD 05-021 approved this date. C7. Kevin Hoyt regarding comments to the City Manager as it relates to Resolution FD 05-021. C8. Lorena Corona re Cinco de Mayo Celebration 5/5/05 @ Chaffey College. C9. Melanie Ingrain re emergency response times and a ~request that the special meeting re Public Safety Commission be rescheduled to an evening meeting. C10. Nicole Myerchin re City population signage; contract for animal control; microchipping and Council maintaining control. CONSENT CALENDAR Jack Lam, City Manager, stated item 11 to be removed from the agenda and would come back at a later date. City Council Minutes April 20, 2005 Page 5 D1. Approval of Warrants, Register 3/30/05 through 4/12/05 and Payroll ending 4/6/05, for the total amount of $3,063,119.08. D2. Approve to receive and file current Investment Schedule as of March 31,2005. D3. Approval to authorize the advertising of the "Notice Inviting Bids" for the Marketplace Properties and Victoria Gardens Southern Parcel 12 Kv Electrical Distribution and Onsite System Cabling, Connection, Equipment Project, to be funded from Accts. 17053035650/1485705 and 17053035650/1487705 (Municipal Utility). RESOLUTION NO. 05-136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE MARKETPLACE PROPERTIES AND VICTORIA GARDENS SOUTHERN PARCEL 12 KV ELECTRICAL DISTRIBUTION AND ONSITE SYSTEM CABLING, CONNECTIONS, EQUIPMENT PROJECT IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D4. Approval to authorize the advertising of the "Notice Inviting Bids" for the Chaffey-lsle House Remodel and Garage/Apartment Construction in said city and authorizing and directing the City Clerk to advertise to receive bids. RESOLUTION NO. 05~137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "CHAFFEY-ISLE HOUSE REMODEL AND GARAGE/APARTMENT CONSTRUCTION" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D5. Approval to authorize the advertising of the "Notice Inviting Bids" for the Citywide Street Name Sign Replacement, Phase 3, to be funded from Acct. No. 1025001-5300, as approved in the FY 04-05 budget. RESOLUTION NO. 05-138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR CIT'CNIDE STREET NAME SIGN REPLACEMENT, PHASE 3, AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS DG. Approval of the plans and specifications for the Fuel Tank Retrofit with Aboveground Fuel Tanks for the Rancho Cucamonga Adult Sports Complex, to be funded from City Fund 25 Capital Reserves. D7. Approval to authorize the advertising of the "Notice Inviting Bids" for the Grove Avenue Street Improvements from 8th Street to Arrow Route, to be funded from Acct. Nos. 11803035650/1472180-0 and 12083035650/1472208-0. RESOLUTION NO. 05-139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR "THE GROVE AVENUE STREET IMPROVEMENTS FROM 8TM STREET TO ARROW ROUTE" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS City Council Minutes April20,2005 Page 6 D8. Approval to authorize the advertising of the "Notice Inviting Bids" for the Renovation of Two Baseball Fields at Red Hill Community Park, to be funded from Park Development funds, Acct. No. 11203055650/1222120-0, as approved in the FY 2004/05 budget. RESOLUTION NO. 05-140 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE PLANS AND SPECIFICATIONS FOR THE "RENOVATION OF TWO BASEBALL FIELDS AT RED HILL COMMUNITY PARK" AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D9. Approval of the Parks, Recreation Facilities and Community Services Update. D10. Approval for the purchase of one (1) new John Deere 4720 compact utility tractor from Powerland Equipment in the amount of $26,852.18, to be funded from Acct. No. 1712001-5603. Dll. Approval to purchase HP Design Jet 5550ps 60-Inch Plotter and IBM p520 2-Way 1.65 GHz SMP Server in the total amount of $49,000.00, and authorization to appropriate $49,000.00 from the Computer Equipment Replacement fund into Acct. No. 1714001-5605. REMOVED FROM THE AGENDA ' D12. Approval to appropriate $11,240.00 from the 2003 California Law Enforcement Equipment Program (CLEEP) Grant Award fund balance into Acct. No. 1366702-5603, and $50,760.00 from the Fiscal Year 2003/04 United States Department of Justice Local Law Enforcement Block Grant (LLEBG) Award fund balance into Acct. No. 1368701-5603 for the purchase of two (2) high speed digital license plate reading cameras and three (3) audio-video recording devices for the Police Station interview rooms. D13. Approval of Improvement Agreement and Improvement Securities for 5844 East Avenue, located south of Wilson Avenue, submitted by Joseph W. Bonneville. RESOLUTION NO; 05-141 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR 5844 EAST AVENUE D14. Approval of Map, Improvement Agreement, Improvement Securities, Monumentation Cash Deposit and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Light Maintenance District Nos. 1 and 2 for Tract Map 16567, located between Foothill Boulevard and San Bernardino Road and between Hellman and Malachite Avenues, submitted by Laing Homes. RESOLUTION NO. 05-142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT FOR TRACT 16567 RESOLUTION NO. 05-143 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR TRACT MAP 16567 D15. Approval of Map, Interim Basin Maintenance Agreement (CO 05-030), Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 10 and Street City Council Minutes April 20, 2005 Page 7 Lighting Maintenance District Nos. 1 and 7 for Tract 15982-1, located at the northeast corner of Day Creek Boulevard and Wilson Avenue, submitted by KB Home Greater Les Angeles. RESOLUTION NO. 05-144 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 15982-1, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY AND INTERIM BASIN MAINTENANCE AGREEMENT RESOLUTION NO. 05-145 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 10 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 7 FOR TRACT 15982-1 D16. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $1,063,948.00 to the apparent Pow bidder, C.P. Construction Co., Inc. (CO 05-031), and authorize the expenditure of a 10% contingency in the amount of $106,394.80 for the Base Line Road Storm Drain Improvements and Pavement Rehabilitation from Ramona Avenue to Hermosa Avenue, to be funded from Drainage funds, Acct. No. 11123035650/1465112-0, Measure "1" Funds, Acct. No. 11763035650/1465176-0, AD 86-2 R/C Drainage District funds, Acct. No. 16063035650/1465606-0, and appropriate an additional amount of $260,000.00 from Measure "l" fund balance to Acct. No. 11763035650/1465176-0. D17. Approval of Professional Services Agreement with No Kill Solutions (CO 05-032) for Animal Shelter · Consultation Services in the amount of $14,000, and appropriate $14,000 to Acct. No. 10011045300. D18. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $138,188.00 to the apparent Iow bidder, Silvia Construction, Inc. (CO 05-033), and authorize the expenditure of a 10% contingency in the amount of $13,818.80 for the Sapphire Street Pavement Rehabilitation from 19th Street to Banyan Street, to be funded from Measure 'I" funds, Acct. No. 11763035650/1471176-0. D19. Approval to accept Improvements, release the Faithful Performance Letter of Credit, accept a Maintenance Letter of Credit and file a Notice of Completion for improvements for DRC2002-00601, located on the west side of Vineyard Avenue, approximately 600 feet south of Foothill Boulevard, submitted by Sommerville-Conzelman Company. RESOLUTION NO. 05-146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2002-00601 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 Guarantee Cash Deposit and file a Notice of Completion for improvements for DRC2003-00319, located at the cul-de-sac terminus of Birdsong Place, west of Hermosa Avenue and south of Almond Street, submitted by Hardwood Homes. RESOLUTION NO. 05-147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2003-00319 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK City Council Minutes April20,2005 Page 8 D21. Approval to release the Faithful Performance Bond for improvements for TR12659-4, located on the southwest corner of Etiwanda Avenue and 24th Street (Wilson Avenue), submitted by Centex Homes. D22. Approval to accept the Electrical Distribution System Conduit and Substructure Project, Contract No. 03-103, 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 $528,852.09. RESOLUTION NO. 05-148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE ELECTRICAL DISTRIBUTION SYSTEM CONDUIT AND SUBSTRUCTURE PROJECT, CONTRACT NO. 03-103 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D23. Approval to release the Faithful Performance Bond, No. 08655345, in the amount of $75,865.00 for the Haven Avenue Pavement Rehabilitation from Alta Loma Drive to Lemon Avenue, Contract No. 03- 131. MOTION: Moved by Gutierrez, seconded by Michael to approve the consent calendar except for item Dll. Motion carried unanimously 5-0. [] E. CONSENT ORDINANCES No Items Submitted. I[ r. ADVERTISED PUBLIC HEARINGS II Fl. CONSIDERATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT CONSOLIDATED PLAN AND ANNUAL ACTION PLAN - A review of the Federally-required 2005-2009 Consolidated Plan and 2005-2006 Annual Action Plan, which includes the preliminary selection of CDBG projects, based on a new grant allocation of $1,134,608. Staff report presented by Tom Grahn, Associate Planner. Councilmember Williams stated that this is a tough job and that putting all this information together and the research involved is phenomenal. She said this year Congress nearly wiped out CDBG, but it was reinstated. She said because of this, she is afraid of what might happen in the future. She said she hopes that the organizations and those who are assisted through the funding need to keep that information stream going; she said to continue to write to the Congressperson. Councilmember Michael asked for an explanation for the public regarding the new public service activity being recommended for funding which is the Fire Department's request to provide automatic defibrillators in various locations. Tom Grahn stated each defibrillator costs approximately $3,000.00, which would allow us to provide up to five defibrillators this year. It is proposed that they would be located at different senior-type facilities, City Council Minutes April 20, 2005 Page 9 including senior housing facilities, throughout the City, as seniors qualify for funding and support through the Block Grant program. Councilmember Michael commended staff on the hard work involved to put the Plan together and on the excellent report. Mayor Alexander opened the meeting for public hearing. Addressing the City Council were: Olen Jones, HOPE through Housing Foundation, stated they are very pleased to be one of the recommended Grant recipients and appreciate the City's support. He thanked the City and said the City is their oldest and best community partner and the support means a lot to them. Jess Torres, Inland Fair Housing Mediation Board, stated they have been privileged to provide fair housing and landlord/tenant services for Rancho for many years. They, too, have the same concerns regarding CDBG and they take every opportunity to voice their opposition to the cutting of those funds and try to raise their voice so that the Federal Government does hear what the needs are. They thanked the City for the support in the past and said they look forward to serving the City in the future. Sandra Rutherford, Executive Director, Camp Fire USA, Mt. San Antonio Council, thanked the City the years of continued support, as the program really means a lot to the residents. She said they fill up immediately when they do the resident-camp program for the Iow-income children; they are also the providers of the after-school programming for the HOPE through Housing Foundation; and they have a club program at Stork Elementary School. She is trying to move headquarters into Rancho Cucamonga. Wytske Visser, Executive Director, Inland Valley Council of Churches, thanked the City for their support. She said they served approximately 1,000 people last year from this City through either emergency food, shelter and mortgage assistance. They appreciate being one of the proposed Grant recipients. Julie Boynton, Executive Director, Project Sister Sexual Assault Crisis and Prevention Services, said they are requesting CDBG funds this year for three of their programs: Counseling, Teen Prevention and Community Education. She described the significance of the three programs and thanked the City for their continued support of the programs and services. Project Sister Programs and Services value their partnership with the City of Rancho Cucamonga. Greg Alvarado, Oldtimers Foundation, thanked the City and Council for past support in assisting with funding for the nutrition and minor home repair program for seniors. They look forward to a long partnership with the City and they are very excited about the new senior center and look forward to working with staff to develop services for seniors. Diana Lee, Rancho Cucamonga YMCA, acknowledged that the YMCA has been almost life-long partners with the City of Rancho Cucamonga. She thanked the City for their continued support of their teen center in North town and the Senior Transportation Program. She said they have a lot of challenges facing them with respect to budget cuts and potential federal fund cuts. They are looking forward to the grand opening of Central Park, and they are ready, willing and able to spend more time on senior transportation. There being no further response, the public hearing was closed. MOTION: Moved by Williams, seconded by Gutierrez to direct staff to proceed with final reports and bring back for adoption. City Council Minutes April20,2005 Page10 Gl. CONSIDERATION TO ADOPT A RESOLUTION OF NECESSITY FOR THE ACQUISITION IN EMINENT DOMAIN OF CERTAIN REAL PROPERTY FOR PUBLIC PURPOSES IN CONNECTION WITH THE PROPOSED IMPROVEMENTS TO AND WIDENING OF BASE LiNE ROAD ACROSS A PORTION OF APN 1100-011-02 (CONTINUED FROM MARCH 16, 2005) Staff report presented by Dan James, Sr. Civil Engineer. Mayor Alexander opened the meeting for public hearing. Addressing the City Council was: Jary Cockroft, KB Homes, stated he represents the developer of the properly adjacent to the right of way. He said they worked closely with City staff to try and resolve this issue and will continue to do so. He said he would answer any question that the Council might have. Mayor Alexander thanked Mr. Cockroft for his support and for being present at this meeting. There being no further response, the public hearing was closed. RESOLUTION NO. 05-094 A RESOLUTION OF NECESSITY OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE PROPOSED IMPROVEMENTS TO AND WIDENING OF BASE LINE ROAD (PORTIONS OF ASSESSOR'S PARCEL NUMBER 1100- 011-02) MOTION: Moved by Michael, seconded by Williams to approve Resolution No. 05-094. Motion carried unanimously 5-0. II H. CITY MANAGER'S STAFF REPORTS II H1. UPDATE ON CITY OF RANCHO CUCAM©NGA'S AB 939/AB 1066 EFFORTS AND FUTURE PROGRAMS, MULTI-FAMILY RECYCLING PROGRAM AND EARTH DAY CELEBRATION (Oral) Staff Repod presented by Bob Zetterberg, Integrated Waste Coordinator, along with a power point presentation and update on AB 939. Councilmember Michael asked if he is working with businesses. Mr. Zetterberg said that they have been doing free audits, looking at the businesses and finding out what they have, looking at the containers, offering to have recycling containers replacing the trash; he said they are looking at businesses that do not have a lot of restaurant/food waste and also encouraging business/complexes to have their gardeners take their green waste and not put it in the dumpster; the select loads are basically loads that are dry, that have just paper cardboard; he said contractual staff has been doing this for the last year and a half. Mr. Zetterberg stated he was very happy that City Council is supportive of the efforts of staff; he said there are a lot of issues to work out with the State in terms of how they calculate this diversion. He said he has been to numerous meetings discussing this. City Council Minutes April20,2005 Page 11 Councilmember Michael asked what would happen if the State did not give an extension to any city. Mr. Zetterberg said the State would first put the City on a program where they would come in and evaluate what you are doing, and then would advise what needs to be done. Mr. Zetterberg said we have 37 different programs that were to be implemented, and of those, only one was not implemented, and that was to have neighborhood trash cops, where people would be going through your recycled bin. That was the first thing he asked to be removed. He said the State has not taken into consideration the City's massive growth. He said he would be presenting this to the Board on May 2nd in Sacramento. ACTION: Report received and filed. H2. APPROVAL OF A RESOLUTION DESIGNATING ALL FIRE STATIONS WITHIN THE CITY OF RANCHO CUCAMONGA AS SAFE SURRENDER SITES FOR NEWBORNS Staff report presented by Fire Chief Peter Bryan, along with a power point presentation that reviewed some of the provisions of the Sate Law and what we do with the Safe Haven Law. Chief Bryan stated we are one of many agencies that have joined with the County of San Bernardino in implementing this program with Council's approval. The San Bernardino County Fire Chiefs, along with the San Bernardino County Emergency Medical Services Association and its Officers, have developed a program in conjunction with the Sate Law which will allow fire stations and designated facilities within the County of San Bernardino to receive newborns and provide immunity to the person who is surrendering the newborn as well as the agency. It is called the California Safe Haven Law. Senator Jim Brulte introduced the Safe Surrender Baby Law, Senate Bill 1368; Governor Davis signed it into law in September 2000; and it went into effect January 1, 2001. Recently, Senate Bill 116, introduced by Senator Dutton, will make permanent a law which will allow mothers to safely surrender their children within 72 hours of its birth, and that has unanimously passed the State Senate. Mayor Alexander stated his only concern is that we don't go so far as to discourage people to use this by the bureaucracy we put in place. Chief Bryan said the regarding the immunity and liability issue, we are very encouraged by Senator Dutton's action to get this passed through the Senate to make it permanent, and we're encouraged that the Governor will sign it also. He said staff recommends adopting the Resolution. Councilmember Spagnolo stated that he personally was involved in a call where a four-hour old child was taken from a mother who did not want it. It was in the Sunrise parking lot, which was a good choice. He said this is a long time coming. Councilmember Michael stated it's a program that will be of value for the future, but he hopes we never have to use again. Councilmember Williams asked if the County has a plan to promote education so it reaches the individuals who need to know about it. Fire Chief Bryan stated that the County and other organizations want to continue the public education and periodically publish the sticker so people understand what the sticker is all about, what the location designation is, and that there is that service out there. There is now a service that can be had in every community at every fire station that is staffed on a regular basis. RESOLUTION NO. 05-149 A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DESIGNATING PARTICIPATING FIRE STATIONS LOCATED IN THE CITY OF RANCHO CUCAMONGA AS "SAFE HAVENS" FOR THE SURRENDER OF NEWBORNS MOTION: Moved by Michael, seconded by Williams to approve Resolution No. 05-149. Motion carried unanimously 5-0. City CouncilMinutes April20,2005 Page12 H3. APPROVAL TO ACCEPT THE BIDS RECEIVED AND AWARD AND AUTHORIZE THE EXECUTION OF THE CONTRACT IN THE AMOUNT OF $6,810,793.70 TO THE APPARENT LOW BIDDER, RIVERSIDE CONSTRUCTION COMPANY, INC. (CO 05-034), AND AUTHORIZE THE EXPENDITURE OF A 10% CONTINGENCY IN THE AMOUNT OF $681,079.37 FOR THE HAVEN AVENUE STREET WIDENING AND STORM DRAIN IMPROVEMENT PROJECT FROM BASE LINE ROAD TO NORTH OF 19m STREET, TO BE FUNDED FROM TRANSPORTATION FUNDS, ACCT. NO. 11243035650/1406124-0 AND BEAUTIFICATION FUNDS, ACCT. NO. 11103165650/1464110-0 AND APPROPRIATE AN ADDITIONAL AMOUNT OF $1,100,000.00 TO ACCT. NO. 11243035650/1406124-0 FROM TRANSPORTATION FUND BALANCE Staff report presented by Dan James, Sr. Civil Engineer. Councilmember Gutierrez stated that this is going to cover that big cement drainage ditch on the side of Haven southbound, south of Lemon, and will be widened to three lanes. He said this is really needed, and he is very excited about the project. Councilmember Gutierrez asked about the status of a bus stop south of the freeway. Dan James, Sr. Civil Engineer, stated any existing bus stops will have bus bays (turn outs). They will not be installing any shelters. Councilmember Gutierrez asked who pays for the covered bus stops. Dan James, stated there may be a few that the City operates and maintains, but the majority of them are by shopping centers in an industrial area, where the City required the developer to install them; the developer actually installs them on their own property, and it is their responsibility for maintenance. Councilmember Gutierrez said now that the freeway is there, he doesn't know if the stop he was thinking about is justified. He said it's a tough area to get off a bu,s as you're going southbound just past the freeway (around 19th Street). Dan James stated if there is a bus stop there now and if the t~'ansportation company is still utilizing it, the City has designed for the installation of a bus bay. Councilmember Gutierrez said he would like to take a look at it; he said maybe Omnitrans could come in and offer some help. Jack Lam, City Manager, stated staff could also check with the transportation agency to see if there is any flexibility in the movement of that exact spot. MOTION: Moved by Michael, seconded by Spagnolo to approve staff's recommendation and bring the Ordinance back at a future meeting. Motion carried unanimou,sly 5-0. II ,. COUNCIL BUSINESS Il I1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Councilmember Spagnolo stated that he understands a lot of the concerns regarding the group home issue. He has a concern with respect to public safety (multiple residents living in one home). He asked City Council Minutes April20,2005 Page13 the City Attorney if there's a way to know ahead of time when those type of facilities are coming in, i.e., permits, fire regulations, etc. Jim Markman, City Attorney, said the approach would be to go to the State Licensing Agency and see if they would accommodate with information regarding the issuance of those licenses so that safety personnel would know that there is a different kind of occupancy other than a single family residence. Councilmember Michael said he believes the Fire Department here must do an inspection before that type of home is licensed by the State. Brad Buller, City Planner, said as far as he understands, they simply have to go through the normal course of Building & Safety plan check. Fire Chief Bryan stated that the State Building Code has implemented a specific occupancy type just for these home based care facilities. He said there are two different classifications, 0-6 occupants and then it's greater than 6, with different requirements from the State Building Code. He said they are inspected when the Fire Department receives notice from the Department of Social Services. Councilmember Michael said if we could get that info through Building & Safety, the Fire Department or the State, then we could put it on the run cards. Fire Chief Bryan said in some communities they have coordinated that information with Planning and Building Departments. He said it is not intended to be an enforcement of some zoning practices but there have been issues where Fire has been able to work with other departments and community efforts to make sure that it does meet all the requirements. Councilmember Gutierrez stated he would like the group homes issue on the agenda for discussion. He said he would also like to explore in the near future the issue of families getting together and buying a nice, expensive home. He said we need to look at our codes and determine whether or not we want to enforce that. He said the Diamond/Klusman issue also needs to be on the agenda. He said he would like to address the synchronization of signals to make sure that traffic is flowing as good as it can. He said in regards to the freeway landscaping, we need to address CalTrans to find out their intent regarding the planting of trees between Milliken and Rochester. He stated with respect to response time, people have the impression that the response time is suffering to the point of 13.5 minutes, and he wants to know where and how much that is happening. He said he regrets that people can throw this information out to us, and we don't take the mechanism to respond to them and we limit ourselves to three minutes at the end of the meeting. He said we represent about 160,000 people, and we don't need to compete and say the public gets five minutes and we should get three minutes. He said that doesn't make sense, and we should use the time closer to the beginning of the meeting instead of the end. He said lack of staffing is causing concern, as over the last several years developers have gotten away with some things, or have cut corners; we have not had adequate oversight. He thinks the lack of staffing levels have affected the ability for the City to maintain a high quality of life in many developments in the City. He said we hire the City Manager and he runs the daily operations of the City, as that is the way the City is structured; he listens to us, and we'll take care of the business of the city with him and over him, although he does give us a lot of advice. He said we are over the City, we are elected officials. He said he feels on the monitor or on the screen at home on Channel 3, we need to post the graffiti hotline more often and regularly. Councilmember Michael said he wanted to thank staff in each department for doing an incredible job. He said we are blessed to have such wonderful things going on in this City, and we need to be very proud. Those issues that do need to be addressed need to be addressed in an effective, well-thought out manner and not overreact because of something that could become reactionary. He said this City Council adopts all employee bargaining agreements, and the City Manager is responsible to execute the provisions of those agreements and he also represents and presents a budget that we (Council) adopt. He said in no way have we deferred any of our responsibilities as a City Council to our City Manager; he is the Personnel Director for the City and he is the Personnel Director for the Fire Department. He said this Council does not want to be involved in disciplinary matters and turn it into a political issue versus an issue that the City Manager should deal with. City Council Minutes April20,2005 Page14 Councilmember Williams said she concurs with everything that was said. She said the Cultural Center is going to contain our new library, the small theater and the celebration hall. She said along with that the Community Foundation and the Library Foundation have formed the PAL Campaign, promoting arts and literary, and to that end, there will be a winemaker's dinner on May 7, 2005, at Filippi Winery. She said it's a fundraiser for the new facility, with tickets selling at $100 a ticket. She said $70 of that $100 would be tax deductible. She said it's for a good cause; call the Library if there's any interest. Mayor Alexander stated to the Councilmembers that they have staff available to them between council meetings and would suggest they come in and find out what was said, listen to tapes, visuals, etc. I} j. ADJOURNMENT MOTION: Moved by Gutierrez to adjourn. The meeting adjourned at 10:15 p.m. Respectfully submitted, Deputy City Clerk Approved: June 1, 1005