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HomeMy WebLinkAbout2004/10/06 - Minutes October 6, 2004 CITY OF RANCHO CUCAMONGA CITY COUNCIL CLOSED SESSION MINUTES The Rancho Cucamonga City Council held a closed session on Wednesday, October 6, 2004, 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, Robert J. Howdyshell, Donald J. Kurth, M.D., Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; Pamela Easter, Deputy City Manager; James Markman, City Attorney; Linda D. Daniels, Redevelopment Director; Larry Temple, Administrative Services Director; George Rivera, Administrative Services Manager; and Joe O'Neil, City Engineer. Il B. ANNOUNCEMENT OF CLOSED SEsSION EM(S) [ Mayor Alexander announced the closed session items. B1. LABOR NEGOTIATIONS PER GOVERNMENT CODE SECTION 54957.6 TO GIVE GEORGE RIVERA, ADMINISTRATIVE SERVICES MANAGER; PAMELA EASTER, DEPUTY CITY MANAGER; AND LARRY TEMPLE, ADMINISTRATIVE SERVICES DIRECTOR, DIRECTION IN REGARDS TO THE MEET AND CONFER PROCESS - CITY B2. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT 12401 FOOTHILL BOULEVARD, APN: 0229- 021-58; 1-15 RANCHO PACIFIC LLC AND BILL ANGEL, NEGOTIATING PARTIES, REGARDING TERMS OF AGREEMENT - CITY B3~ CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR APN 227-131-54 AND 61, MOHSEN GHANEIAN AND ORCU'I-]' CORPORATION; WILLIAM J. O'NEIL, CITY ENGINEER, NEGOTIATING PARTY, REGARDING TERMS OF AGREEMENT. - CITY B4. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 REGARDING REAL PROPERTY OWNED BY 80 VGL, LLC AND 20 VGL, LLC AND IDENTIFIED AS ASSESSOR'S PARCEL NUMBERS 227-211-40 AND 42. NEGOTIATING PARTIES, JOSEPH O'NEIL, DIRECTOR OF PUBLIC WORKS, REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS, 80 VGL, LLC AND 20 VGL, LLC. - CITY II c. PUBLIC COMMUNICATIONS oN CLoSED SEsS!ON ITEM(s) No communication was made on the closed session items. City Council Minutes October 6, 2004 Page 2 {I · , D, CONDUCT OF CLOSED SESSION II The closed session began at 5:35 p.m. 1[ E: N^OER O CE S, R PORTS II II II The closed session recessed at 6:49 p.m. CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meetinq [ ' C LToO II A regular meeting ol the Rancho Cucamonga City Council was held on Wednesday, October 6, 2004, in tho Council Chambers of the Civic Center located at t0500 Civic Center Drive, Rancho Cucamonga, California. Mayor William J. Alexander called the meeting to order at 7:09 p.m. Present were Councilmembers: Rex Gutierrez, Robert J. Uowdyshell, Donald J. Kurth, M.D., Diana Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; Craig Fox, Deputy City Attorney; Linda D. Daniels, Redevelopment Director; Larry Temple, Administrative Services Director; Dawn Haddon, Purchasing Manager; Lorraine Phong, Information Systems Analyst; Shelly Munson, Information Systems Specialist; Joe O'Neil, City Engineer; Brad Buller, City Planner; Kevin McArdle, Community Services Director; Dave Moore, Recreation Superintendent; Paula Pachon, Management Analyst III; Deborah Clark, Library Director; Michelle Perera, Reference Services Coordinator; Captain Pete Ortiz, Rancho Cucamonga Police Department; Chief Peter Bryan, Acting Deputy Chief Mike Bell, Fire Prevention Specialist Kelly Larson, Rancho Cucamonga Fire Protection District; Michelle Dawson, Management Analyst III; Kimberly Thomas, Management Analyst II; Kathy Scott, Deputy City Clerk; and Debra J. Adams, City Clerk. [1 B. ANNOUNCEMENTS/PRESENTATIONS [ B1. Presentation of a Proclamation in recognition of the 10-year Anniversary of the Rancho Cucamonga Public Library. Mayor Alexander and the City Council presented the Proclamation to Deborah Clark, Library Director. City Council Minutes October6, 2004 Page 3 Proclamations were also presented by Assemblyman Dutton and Tim Johnson from Supervisor Biane's office. A power point presentation was given by Michelle Perera, Reference Services Coordinator, regarding the 10 years the Library has been in service. B2. Presentation of a Proclamation in recognition of "Fire Prevention Week" October 3-9, 2004. Mayor Alexander and the City Council presented the Proclamation to Fire Chief Peter Bryan and Fire Prevention Specialist Kelly Larson. Kelly Larson, Fire Prevention Specialist, stated there would be an open house at Station 174 located on Jersey this Saturday from 10:00 a.m. to 3:00 p.m. She added there would also be representatives from the Police Department, Water District and others that will participate in this event. Chief Bryan told how important fire safety is to the residents. Mayor Alexander added that the Fire Department will assure everyone a smoke detector, even if they cannot afford it. B3. Presentation to the City of the "Hope's Founder's Award" from the Hope Through Housing Foundation (HOPE). The "Hope's Founder's Award" was presented to the City Council by Walton Smith, Senior Director of Development; Linda Gomes, Senior Program Officer - HOPE Through Housing Foundation; and Olen Jones, Community Outreach/Internal Advocacy - HOPE Through Housing Foundation. Olen Jones, Community Outreach/Internal Advocacy - HOPE Through Housing Foundation, informed the Council about the award. II C1. Dennis Cisneros stated many residents oppose the proposed Cingular Wireless or any other company's proposal for cellular antenna and transmission generator facilities within one-quarter mile of a residential community. He felt it was up to local government to protect residents from the danger of fire, vandalism and terrorist attack. He also presented information, which is on file in the City Clerk's office. Brad Buller, City Planner, stated this has not gone before the Planning Commission, but there has been a neighborhood meeting and also notice to the neighbors about this. He stated they have received petitions and the applicant is aware of the residents' concerns. Mr. Cisneros added he did not feel all of the surround neighbors received the notice for the community meeting. C2. John Lyons, Etiwanda area, stated it is great to have Bob Dutton here at this meeting and informed everyone that Mr. Dutton is running for the State Senate. He stated Rancho Recall had a booth at the Grape Harvest Festival and that Sam Spagnolo came by their booth on Sunday and met some of the residents. He talked about a flyer he got from Councilmember Kurth in the mail. He continued to talk about what he felt were secret meetings to appoint Councilmembers Kurth and Howdyshell in 2002. He stated he is opposing Kurth and Howdyshell in the upcoming election. He stated Councilmember Kurth has taken in $130,000 in campaign contributions, and most of it is from developer money. He stated they want there to be local control again. He encouraged everyone not to vote for Kurth. City Council Minutes October 6, 2004 Page 4 C3. John Guerrera with Petco talked about a program they are working on with HOPE. He told about the various events they have done in the community and that he has been working with Nicole Myerchin and Margaret Kaufman on a program called "Animeals" which can help elderly or disabled people get food for their pets. He asked the Council to spread the word about this wonderful program. C4. Melanie Ingram talked about an OES conference she had gone to in Sacramento. She complimented the Chamber of Commerce on the Grape Harvest Festival event, and mentioned the booth that Rancho Recall had there. She stated they received responses from people about the information that was presented at the last meeting, and that they are unhappy about what they are hearing. She stated people can contact Rancho Recall at www.ranchorscall.net or at P.O. Box 2641, Rancho Cucamonga, California 91729. She stated Code Enfomement had to apologize to Sam Spagnolo for his billboard and then stated that Dennis Michael had put up his signs last Friday, which is a violation. She also stated that Councilmember Kurth had put up a sign in City property. She asked Councilmember Gutierrez if he was going to withdraw his vote from Dennis Michael and Councilmember Kurth since they ars the two lawbreakers. She felt first amendment frsedom of speech issues ars being tied into our Ordinance and felt this needed to be fixed. C5. David Dykstra thanked Mayor Alexander and Councilmember Howdyshell for meeting with some of their staff and for returning phone calls. He wanted to talk about the Animal Shelter and commented on various days there were open cages at the animal shelter. He stated Rancho Cucamonga does not have a 30-day hold for animals and asked the Council to approve a 30-day hold. C6. Pat Dunaway talked about the cat that was euthanized and stated it had scratched two officers. C7. Kelly Heilig stated she had seen the cat before it was euthanized and that it was not aggressive or nasty. C8. Leslie Grimes stated because it is getting close to the election. She wanted to mention that in December 2002, people were denied the right to vote and that two City Councilmembers were appointed. She stated Ontario is about to do the same thing. She stated Kurth had run for City Council two times and lost, but now two Councilmembers have voted to appoint him. The people did not vote him in. She felt all of this is a matter of trust. She stated she really likes Councilmember Howdyshell, but felt people should have had the right to hear their views befors they were appointed. She felt Councilmember Gutierrsz makes too many emotional responses and did not agree with this. She stated she does not like irrssponsible development. C9. Nicole Myerchin thanked the Mayor for returning phone calls to the community. She also thanked Councilmember Howdyshell for meeting with residents when asked. She talked about the cat that was euthanized and did not agree with how that was done. She brought up the Hayden Law and stated it was not met with the cat that was euthanized. She brought up the veterinary care for the animals stating they are not getting any at the City's Animal Shelter. C10. Jim Frost commented that Lions Park Community Center West was the old Library. He commented on all of the volunteer hours put in at the Library. He mentioned City employee Karsn Matcham dieing of brsast cancer and commented what a wonderful person she was. D1. Councilmember Gutierrez stated he and Councilmember Williams attended Upland Christian School's greundbreaking ceremony. He recognized Josephine Spagnolo, who prsviously worked for the Fire District, and Brent LeCount from the Planning Department that recently passed away. He expressed his condolences to their families. He stated he has been to the dog park and felt it should be improved. He stated he is concerned about the freeway wall that is needed between Rochester and Milliken. He asked if the Council would help him push for this wall because the residents do not City Council Minutes October 6, 2004 Page 5 feel they should have to pay for it. He felt when money is available, this should be looked at and considered. He stated he is working on approximately 30 constituent cases at the present time. He talked about the various projects he is working on. He stated sometimes he does get emotional, but did not think it affected the way he does his job. He stated he does support the 30-day minimum hold on animals at the Animal Shelter. He stated he vouches for the integrity of Councilmembers Kurth and Howdyshell and also Dennis Michael stating they are good men. He felt the mistakes previously made by Councilmember Kurth should be forgotten so the Council could move on. He hoped the people could look beyond these bad intentions. D2. Councilmember Howdyshell stated he and Councilmember Gutierrez have asked the staff to look at micro-chipping for the animals at the Animal Shelter and that there will be a micro-chip clinic on October 16 for $25.00. He commented that staff is moving forward with this. He stated he is glad that Councilmember Williams has been elected to the League of California Cities Board. He congratulated her. D3. Councilmember Kurth stated people have the right to make whatever allegations they want, but stated they are untrue. He stated he met with some people regarding a freeway wall along Highland as Counciimember Gutierrez had mentioned. He felt the Grape Harvest Festival was great. He stated he attended the "celebrating seniors day' in San Bemardino and added it was a great event. He thanked the Upland Police for busting the tagger that was doing damage in Rancho Cucamonga. He felt the "0" tolerance on graffiti should continue to be enfomed. He stated he was appointed to a community Board of Evaluation Committee. He congratulated the Library. Healso mentioned the second branch of the Library that will open at the new mall site. He stated he went to the Rotary Club meeting this week to hear his wife's presentation about the project she was involved in to get books for kids in Kenya. He continued to talk about all of the great things in the City. He felt the Council was doing a great job and that he is proud to be a part of it. D4. Councilmember Williams also commented on the passing of Karen Matcham due to her fight with cancer. She also commented on the passing of Brent LeCount stating he was a true gentleman. She stated thera was no secret meeting when Councilmembers Kurth and Howdyshell were appointed. She stated they did not meet to discuss the appointments. She stated there was no reason for a secret meeting and no need to hide anything. She stated since the Ordinance for a special election did not pass, she had no choice but to appoint. She stated it is very disappointing that any candidate would falsely claim they have an endorsement by Congressman Dreier and that anyone claiming this is being deceitful. She felt the Sign Ordinance needs to be rewritten after the election. She stated a political sign cannot be more than 32 square feet which does not include a billboard. She felt the billboard that was put up was a political sign. She stated there were also signs by Sam Spagnolo and David Grossberg on City property. She stated the Library was and still is a passion of here. She commented on the people that have for many years volunteered at the Library Bookstore. She commented on the Literacy Program. She congratulated Upland Christian High School for their groundbreaking of their new facility. D5. Mayor Alexander stated tomorrow between 5:00 a.m. and 8:00 a.m. there will be a ride share on Highland between Amhibald and Amethyst. He stated KFRG will be there for "Ride Shara Thursday.' E. CONSENT CALENDAR El. Approval of Minutes: September 1,2004 (Closed Session) September 1,2004 September 2, 2004 September 15, 2004 City Council Minutes October 6, 2004 Page 6 E2. Approval of Warrants, Register September 8 through September 27, 2004, and Payroll ending September 27, 2004, for the total amount of $7,050,619.09. E3. Approval of a Public Convenience er Necessity - DRC2004-00911 - Sears Grand, LLC - A request to make a determination of Public Convenience or Necessity (PCN) for the issuance of an Alcoholic Beverage License (Type 20 - off-sale beer and wine) for a store under construction, within the Regional Related Office/Commemial district of the Victoria Community Plan, located at the southwest corner of Foothill Boulevard and Day Creek Boulevard - APN: 0229-021-63. RESOLUTION NO. 04-300 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY DRC2004-00911 FOR THE ISSUANCE OF A TYPE 20 (OFF SALE BEER AND WINE) ALCOHOLIC BEVERAGE LICENSE FOR SEARS GRAND, LLC IN THE FOOTHILL CROSSING SHOPPING CENTER, LOCATED AT THE SOUTHWEST CORNER OF FOOTHILL AND DAY CREEK BOULEVARDS, WITHIN THE REGIONAL RELATED OFFICE/COMMERCIAL DISTRICT OF THE VICTORIA COMMUNITY PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0229-021-62, 63, AND 64 E4. Approval of a Public Convenience or Necessity - DRC2004-00833 - Sunset Wings, LP - A request to make a determination of Public Convenience or Necessity (PCN) for the issuance of an Alcoholic Beverage License (Type 47 - on sale general) for a 5,500 square foot Buffalo Wild Wings Grill & Bar on Pad 3 of the Foothill Crossing shopping center, in the Regional Related Office/Commercial District of the Victoria Community Plan, located at the southwest comer of Foothill Boulevard and Day Creek Boulevard -APN: 0229-021-62, 63, and 64. RESOLUTION NO. 04-301 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY DRC2004-00833 FOR THE ISSUANCE OF A TYPE 47 (ON SALE GENERAL) ALCOHOLIC BEVERAGE LICENSE FOR A 5,500 SQUARE FOOT BUFFALO WILD WINGS GRILL & BAR ON PAD 3 OF THE FOOTHILL CROSSING SHOPPING CENTER, In the REGIONAL RELATED OFFICF_./COMMERCIAL DISTRICT OF THE VICTORIA COMMUNITY PLAN, LOCATED' AT THE SOUTHWEST CORNER OF FOOTHILL BOULEVARD AND DAY CREEK BOULEVARD; AND MAKING FINDINGS IN SUPPORT THEREOF- APN: 0229-021-62, 63, AND 64 E5. Approval to transfer City title of City vehicles, two (2) 2004 GEM E4 NEV cars to the County of San Bemardino for police services in the City of Rancho Cucamonga. E6. Approval to adopt Annual Statement of Investment Policy. E7. Approval of a request from Valley Baseball Club Inc. (dba Quakes) for a Waiver of Rental Fees for use of the Epicenter Stadium on Tuesday, October 26, 2004, for a Season Ticket Holder World Series Activity. E8. Approval of drainage reimbursements for the Etiwanda Area Master Plan for FY 2003/2004 and appropriation of $265,882.00 to Acct. No. 1116303-5650/1026116-0. E9. Approval of drainage reimbursements for the General City Area Master Plan and SANBAG Contract No. 03-038 for FY 2003/2004 and appropriation of $2,137,234.00 to Acct. No. 1112303-5650/1026112-0. City Council Minutes October 6, 2004 Page 7 El0. Approval to appropriate $700,000 to Fund 612 CFD 2001-01 (NC 16123035650/1442612-0) and increase the award to the Sully-Miller contract (CO 03-073) in an amount not to exceed $700,000. Ell. Approval of Improvement Agreement Extension for Tract No. 16237, located on the south side of Wilson Avenue, approximately 200 feet west of Haven Avenue, submitted by Stonebridge Rancho Cucamonga, LLC. RESOLUTION NO. 04-302 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16237 E12. Approval of Improvement Agreement Extension for Tract 16372 located on the northwest corner of Etiwanda Avenue and Chumh Street, submitted by Standard PacificNictoria Arbors, LLC, and Greystone Homes. RESOLUTION NO. 04-303 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSIONS AND IMPROVEMENT SECURITIES FOR TRACT 16372 E13. Approval for the purchase of computer hardware, software and related items for the Emergency Operations Center in the amount of $60,247.96 to CompUSA and $3,212.68 to GTSI, for a total of $63,460.64, to be funded from 1382105-5605 (Capital Outlay - Computers) for $45,370.59; 1382105- 5152 (Computer Software) for $8,857.48; 1382105-5200 (O&M) for $2,901.82; and 1382105-5300 (Contract Services) for $6,330.75. E14. Approval for the purchase of four (4) three-pound ISG K1000 Elite Lite Handheld Thermal Imagers from AIIstar Fire Equipment, Inc. of Arcadia in the amount of $42,302.65, to be funded by Acct. No. 2505801-5603 (Fire Protection-RDA Fund) in the amount of $28,983.65 and Acct. No. 1380501-5603 (Homeland Security Grant Fund) in the amount of $13,319.00, and authorize an appropriation of $11,000.00 into Acct. No. 2505801-5603 and an appropriation of $13,319.00 in Acct. No. 1380501-5603. E15. Approval of Map, Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 10 and Street Lighting District Nos. 1 and 7 for Tract 14493, located at the southwest comer of Day Creek Boulevard and Banyan Street, submitted by Young California Cucamonga, L.P. RESOLUTION NO. 04-304 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NO. 14493, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES RESOLUTION NO. 04-305 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 NO. 14493 City Council Minutes October 6, 2004 Page 8 E16. Approval of Map, Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance Distdct Nos. 1 and 6 for Parcel Map 16118, located on the east side of Charles Smith Avenue and south of San Marine Drive, submitted by RSCS, LLC. RESOLUTION NO. 04-306 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 16118, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO. 04-307 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 PARCEL MAP 16118 E17. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $87,342.50 to the apparent Iow bidder, America West Landscape, Inc. (CO 04-160), and authorize the expenditure of a 10% contingency in the amount of $8,734.25 for the Highland Avenue Landscape Improvements East of Day Creek Boulevard, to be funded from Beautification Funds, Acct. No. 11103165650/145411 0-0. E18. Approval to accept bids received and award and authorize the execution of the contract in the amount of $39,285.00 to the apparent Iow bidder, Advantec Consulting Engineer (CO 04-161), and authorize the expenditure of a 10% contingency in the amount of $3,928.00 for the design of traffic signal coordination timing plans for nine (9) intersections in the vicinity of the Victoria Gardens Mall, to be funded from Acct. No. 1124-303-5300 (Transportation Fee Program Funds). E19. Approval for award and authorization of the execution of a Professional Services Agreement in the Amount of $20,000.00 to D7 Consulting, Inc. (CO 04-162) for the inspection of waterproofing, built-up roofing, standing seam metal roofing and associated sheet metal flashing application services for the Victoria Gardens Cultural Center; and authorization of the expenditure of a 10% contingency in the amount of $2,000.00 and approval of a budget appropriation of $9,400 into Account Number 1310602- 5650/1357310-6314 and $12,600 into Account Number 2660801-5650/1357660-6314. E20. Approval for the award of a contract for the purchase of Community Services basketball and flag football program uniforms to Hot Shots (CO 04-163) in an annual amount not to exceed $38,000.00 for fiscal year 04/05, with an option to renew for additional one (1) year periods upon review of contract and mutual consent, up to a total of three (3) years, from Fund 1250401-5200. E21. Approval of Supplemental Maintenance Agreement (CO 04-164) for monitoring the storm water quality equipment located south of Church Street, west of Etiwanda Avenue, north of Foothill Boulevard and east of Day Creek Boulevard, submitted by the developer, Victoria Gardens Mall, LLC, a California Limited Liability Company. EP?. Approval to accept improvements, release the Faithful Performance Bonds, accept Maintenance Bonds, and file Notices of Completion for improvements for Tract 14495 and Tract 14523, located on the southwest corner of Day Creek Boulevard and Wilson Avenue, submitted by MBK Homes, Ltd. RESOLUTION NO. 04-308 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 14523 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK City Council Minutes October 6, 2004 Page 9 RESOLUTION NO. 04-309 A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 14495 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Howdyshell, seconded by Kurth to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 5-0. l[ O IS mC s I Fl. CONSIDERATION OF ORDINANCE RELATING TO THE FORMATION OF COMMUNITY FACILITIES DISTRICT 2004-01 (RANCHO ETIWANDA ESTATES) Debra J. Adams, City Clerk, read the title of Ordinance No. 735. ORDINANCE NO. 735 (second reading) AN ORDINANCE OF THE CiTY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2004-01 (RANCHO ETIWANDA ESTATES) AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT MOTION: Moved by Kurth, seconded by Gutierrez to waive full reading and approve Ordinance No. 735. Motion carried unanimously 5-0. I[ G. ADVERTISEOPUBLIC~ARINGS : '[ No Items Submitted. H1. CONSIDERATION OF A RESOLUTION OF NECESSITY FOR THE ACQUISITION IN EMINENT DOMAIN OF CERTAIN REAL PROPERTY INTERESTS FOR THE WIDENING OF FOOTHILL BOULEVARD AT APN: 229-021-58 AS PART OF THE FOOTHILL BOULEVARD (COMMUNITY FACILITIES DISTRICT 2003-01B) WIDENING AND IMPROVEMENT PROJECT Staff report presented by Joe O'Neil, City Engineer. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. City Council Minutes October 6, 2004 Page 10 RESOLUTION NO. 04-310 A RESOLUTION OF THE CITY COUNCIL 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 FOOTHILL BOULEVARD (COMMUNITY FACILITIES DISTRICT 2003-01 B) WIDENING AND IMPROVEMENT PROJECT MOTION: Moved by Gutierrez, seconded by Kurth to approve Resolution No. 04-310. Motion carried unanimously 5-0. ]1 I~ CITY MANAGER'S STAFF REPORTS II I1. WEST NILE VIRUS UPDATE (Orol) An update was given by Trang Huynh, Building Official. He stated there are 685 cases in California and that it is spreading north. He stated there will be a video about this shown on RCTV3. He stated there will also be a presentation to the seniom about this information, which will be done by the West Valley Vector Control District. He reported thero will be training for City staff on October 20 and that other cities are welcome to attend. Counciimember Williams asked if the West Valley Vector Control District will be at the Fire Open House because she felt they could provide information about this to the residents that attend this event. Trang Huynh, Building Official, stated he would pass this suggestion on to them. Councilmember Howdyshell asked if the meeting on October 20 can include the public if they want to attend. Trang Huynh, Building Official, stated yes. J1. LEGISLATIVE UPDATE AND CONSIDERATION OF A RESOLUTION SUPPORTING PROPOSITION lA ON THE NOVEMBER BALLOT Councilmember Williams stated people should have received the mailer regarding Measure I and that it informed people exactly how important this is to our City and what it has done in the past. She stated it is vital this is approved by the voters. She mentioned she was elected to the League of California Cities Board and will do what she can to protect revenues for the City. She told people to vote "yes" for Proposition lA. A video from the League of California Cities regarding this proposition was shown at this time. Councilmember Williams complimented the Governor for his help with this Proposition. She stated if this does not pass, it will send a message that the citizens do not care, She encouraged everyone to vote for lA. City Council Minutes October6, 2004 Page 11 RESOLUTION NO. 04-311 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUPPORTING PROPOSITION lA MOTION: Moved by Williams, seconded by Kurth to approve Resolution No. 04-311. Motion carried unanimously 5-0. J2. CONSIDERATION OF CITY COUNCIL COMMUNITY SERVICES SUBCOMMITTEE'S RECOMMENDATION TO APPROVE APPOINTMENTS TO THE BOARD OF DIRECTORS OF THE COMMUNITY FOUNDATION Councilmember Kurth stated it is recommended by he and Councilmember Gutierrez to appoint Steve Wysocki end reappoint Patricia Carlson. MOTION: Moved by Kurth, seconded by Williams to appoint Steve Wysocki and Patricia Carlson. Motion carried unanimously 5-0. J3. REPORT FROM SAN BERNARDiNO COUNTY ANIMAL CARE AND CONTROL REGARDING ANIMAL SHELTER ISSUES (Oral) Michelle Dawson, Management Analyst III, gave background information on the cat that was recently euthanized. She introduced Dan Avera, County Public Health. Dan Avera, County Public Health apologized for the cat that was euthanized by mistake. He talked about the policy for animals being euthenized, and stated the employees that made this mistake did not follow the policy. He stated corrective actions have been taken with these employees. He thanked the Council and staff for supporting the Animal Shelter. Mayor Alexander opened the meeting for public input. Addressing the City Council were: David Dykstra talked about the euthanasia incident and stated there are laws dictating that the animals are to be treated correctly. He felt forward thinking vision was very important. He felt we should do more. Pat Dunaway, Pet Assistance Foundation, stated these accusations have been investigated and that Animal Control is compliant with the Hayden Act. Leslie Grimes asked that the County and City investigate the Animal Shelter to see how the animals are being treated. She stated she did not have all of the information about this, but felt it should be looked into. Nicole Myemhin stated she would like to see the law on the veterinary care. She stated she would like to know why Mr. Avera is against the micro chipping. She stated if the shelter staff would help out with the micro chipping, it would only cost $5.00. She stated Upland will microchip for $20.00, which is $5.00 less than what the City is offering. She felt animals should be getting medical care. She asked that the Council make sure the animals are getting the proper care. Councilmember Gutierrez stated he and Councilmember Howdyshell did serve on the subcommittee and that he does not want to bash anyone. He felt things are being accomplished at the animal care facility, but that there is work to do. He appreciate the apology from the County. Councilmember Howdyshell stated he appreciated the County coming to this meeting and that he looks forward to working with them. He hoped that the euthanasia rate will decrease. City Council Minutes October 6, 2004 Page 12 Councilmember Kurth thanked the County for coming in and accepting the responsibility of what happened. He hoped to see these issues resolved. Mayor Alexander felt there should be some standards set by the subcommittee for micro chipping and some goals set as well. He stated he appreciated the economics, but felt some changes need to be made to improve there or look for a different place for animal care. No items were identified for the next meeting. I[ ': :; .PUBLIC No communication was made from the public. MOTION: Moved by Williams, seconded by Kurth to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 9:30 p.m. Respectfully submitted, City Clerk Approved: November 17, 2004