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HomeMy WebLinkAbout2005/03/02 - Minutes March 2, 2005 CITY OF RANCHO CUCAMONGA CITY COUNCIL CLOSED SESSION MINUTES Il A. I The Rancho Gucamonga City Council held a closed session on Wednesday, March 2, 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; James Markman, City Attorney; and O'Neil, City Engineer. ][ g. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) [ Mayor Alexander announced the closed session item. B1. CONFERENCE WITH LEGAL COUNSEL REGARDING LITIGATION PER GOVERNMENT CODE SECTION 54956.9, CITY OF RANCHO CUCAMONGA V. 1-15 RANCHO PACIFIC, LLC, CASE NO. RCV 083510, SAN BERNARDINO COUNTY SUPERIOR COURT, REGARDING CONDEMNATION ACTION FOR PROPERTY INTERESTS ON REAL PROPERTY OWNED BY 1-15 RANCHO PACIFIC LLC, APN: 229-021-58; NEGOTIATING PARTIES, JOSEPH O/NElL, CITY ENGINEER, AND CITY ATTORNEY'S OFFICE REGARDING SETTLEMENT NEGOTIATIONS AND INSTRUCTIONS TO NEGOTIATORS CONCERNING SETTLEMENT OFFER; NEGOTIATING PARTIES MAY NEGOTIATE WITH A PARTY IN THE MATTER, FOOTHILL CROSSING, LLC - CITY II 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 The closed session recessed at 6:55 p.m. with no action taken. City Council Minutes March 2, 2005 Page 2 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meetinq II ^. I A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, March 2, 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 7:12 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; Linda D. Daniels, Redevelopment Director; George Rivera, Administrative Services Manager; Claudia Nunez, Risk Management Coordinator; Joe Kamrani, Sr. Information Systems Analyst; Charles Scott, Sr. Information Systems Specialist; Shelly Munson, Information Systems Specialist; Jon Gillespie, Traffic Engineer; Mike TenEyck, Administrative Resource Manager; Bob Zetterberg, Waste Management Coordinator; Brad Buller, City Planner; Trang Huynh, Building Official; Mark Salazar, Code Enforcement Supervisor; Alison Rowlen, Code Enforcement Officer; Kevin McArdle, Community Services Director; Dave Moore, Recreation Superintendent; Francie Palmer, Marketing Manager; Paula Pachon, Management Analyst Ill; Deborah Clark, Library Director; Captain Pete Ortiz, Rancho Cucamonga Police Department; Chief Peter Bryan, Rancho Cucamonga Fire Protection District; Kimberly Thomas, Management Analyst III; Kathy Scott, Deputy City Clerk; and Debra J. Adams, City Clerk B1. Presentation of a Certificate of Recognition to the City from the Public Agency Risk Sharing Authority of California (PARSAC). Jeanne Rennie, General Manager, Public Agency Risk Sharing Authority of California (PARSAC) presented the Certificate of Recognition to George Rivera, Administrative Services Manager. B2. Announcement by Tim Johnson of County Supervisor Paul Biane's Office regarding C.I.P. Funding. San Bernardino County Supervisor Paul Biane presented information what he is doing to help Rancho Cucamonga. C1. A man (who did not identify himself) inquired about the City's plans to mitigate the 210 freeway noise. Mayor Alexander stated this matter is not on the agenda tonight, but referred him to the City Engineer to address his concerns. City Council Minutes March 2, 2005 Page 3 Jon Gillespie, Traffic Engineer, asked that the gentleman contact Engineering tomorrow to get his concerns addressed. C2. Ray Jimenez, Pasito Avenue, addressed the City Council about flooding in his neighborhood. He asked that the water be diverted into a catch basin. He stated he heard that there was a home for delinquent boys approved near his home and that he is concerned about vandalism. Mayor Alexander stated the City Council cannot comment on this tonight, but that it would be agendized for a future meeting. 03. Nicole Myerchin reminded the City Council about the Animeals Program and how it helps the seniors take care of their pets. She thanked Michelle Dawson, Management Analyst III, for getting the Pet Finder on the Internet and also thanked Mayor Alexander and Councilmember Spagnolo for their help. She stated she is concerned about emergency response times. C4. John Lyons said his thoughts and prayers go out to Grace Curatalo. He commented on the new agenda format stating the second Public Communications has been taken off and the City Council comments have been limited to three minutes. He referred a meeting held last Thursday between the City Council and Congressman Dreier. He felt Councilmember Williams was out of line how she was talking to the Congressman. C5. Leslie Grimes felt it was good to go after the Congressman for things that can help the City. She stated she is concerned about the item removed from the agenda regarding SANBAG and Omnitrans and that she has still not come to terms with this. She did not agree with the previous process that took place to remove the Mayor from these positions and that this concerns her. She encouraged people to attend the next meeting to get answers why the Mayor is being eliminated from his seat. She stated the M.S. Challenge is coming up again and encouraged people to help their favorite charity whatever it might be. C6. Bill McCliman felt Nicole Myerchin has done a fabulous job bringing forth issues that people care about. He asked that the City Council bring forlh the same values. He felt it was pathetic that the City Council voted down a raise for the firemen. He felt the firemen should get the same raise that other City employees get. He stated the City Council is only the caretaker of the City. He asked that the Council stick by their values. He asked when the Blue Ribbon Commission would be brought back to a Council meeting, and indicated he would like to see this come back at the next meeting. Jack Lam, City Manager stated there has been no vote on any contract, but that contract negotiations are currently pending. He stated there are salary negotiations pending and there are salary offers out there. He stated they have not been accepted by the Union at this point. He stated there has been no vote to deny any contract. C7. Jessica Shuller commented on the Relay for Life Walk to take place at Los Osos High School on May 21-22, 2005. She indicated Fay Valone at Los Osos High School could be contacted if the Council would like to get involved. 08. Steve Knecht stated they are asking for a one-year extension to get his dogs relocated. (See information on file in the City Clerk's office.) Brad Buller, City Planner, stated this would need to be agendized for the next meeting in order for the Council to take any action. Councilmember Gutierrez asked that this be placed on the next agenda. C9. Robert Bean, student at Los Osos High School, commented on the parking of cars near the High School. He stated there is vandalism and it is unsafe for pedestrians. He asked that the City Council consider this for the future. City Council Minutes March 2, 2005 Page 4 II i,. CONSENT CALENDAR I[ D1. Approval of Warrants, Register 2/8/05 through 2/23/05 and Payroll ending 2/23/05, for the total amount of $5,072,622.52. D2. Approval to authorize the advertising of the "Notice Inviting Bids" for the Construction of the Base Line Road Storm Drain Improvements and Pavement Rehabilitation from Ramona Avenue to Hermosa Avenue, to be funded from Acct. No. 11123035650/1465112 (Drainage Funds) and Acct. No. 11763035650/1465176 (Measure 'T' Funds). RESOLUTION NO. 05-072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE BASE LINE ROAD STORM DRAIN IMPROVEMENTS AND PAVEMENT REHABILITATION FROM RAMONA AVENUE TO HERMOSA AVENUE AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D3. Approval to authorize the advertising of the "Notice Inviting Bids" for the Construction of the Sapphire Street Pavement Rehabilitation from 19th Street to Banyan Street, to be funded from Acct. No. 11763035650/1471176-0 (Measure "1" Funds). RESOLUTION NO. 05-073 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE SAPPHIRE STREET PAVEMENT REHABILITATION FROM 19TM STREET TO BANYAN STREET AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D4. Approval of a reimbursement of $103,552.00 from CFD 2003-01 Fund Balance, Acct. No. 16143035650/1442614-0, to Forest City California Commercial Construction, and appropriate $103,552.00 to Acct. No. 16143035650/1442614-0 from CFD 2003-01 (Fund 614) Fund Balance. D5. Approval to appropriate $10,000 from Fund 016 into Acct. No. 1016301-5300 (Contract Services) to fund backfile conversion services (digitizing permanent records) for Community Development departments. D6. Approval of an additional emergency expenditure of $150,000 for ongoing storm related, emergency recovery effort work being performed by various contractors (Laird Construction, Babco Construction, A.W. Davies Construction, and JDC), to be funded from Acct. No. 10250015300, and approval of an additional appropriation of $150,000 to Acct. No. 10250015300 from Fund 25 (Capital Reserve) Fund Balance. D7. Approval of Map, Improvement Agreement, Improvement Securities, Monumentation Cash Deposit and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Light Maintenance District Nos. 1 and 6 for Parcel Map 16323, located on the east side of Haven Avenue, south of 6th Street, submitted by Ledesma & Meyer Development Company, Inc., a California Corporation. RESOLUTION NO. 05-074 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 16323, City Council Minutes March 2, 2005 Page 5 IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT RESOLUTION NO. 05-075 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 16323 D8. Approval of Map, Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for Parcel Map 16815, located on the north side of Mission Park Drive between Richmond Place and Buffalo Avenue, submitted by Rancho Mills, LLC, a Limited Liability Corporation. RESOLUTION NO. 05-076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 16815, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO. 05-077 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 16815 D9. Approval to award designated contracts to the specified subcontractors for the Construction of the Rancho Cucamonga Cultural Center Project totaling, $1,066,505 and authorize the expenditure of a 5% contingency for each contract, totaling $53,325, to be funded from the following sources: State Library Grant Funds Acct. No. 1310602-5650/1357310-6314 ($269,605); Tax Allocation Bonds 2001 Acct. No. 2650801-5650/1367650-6314 ($386,590); and Library Fund Acct. No. 1290601-5650/1388290-6314 ($463,635), and authorize the appropriation of $386,590 from Tax Allocation Bonds 2001 Fund Balance into Acct. No. 2650801-5650/1357650-6314 and $463,635 from Library Fund Balance into Acct. No. 1290601-5650/1388290-6314. D10. Approval of the Professional Services Agreement with Kimley-Horn and Associates, Inc. (CO 05- 016) in the amount of $29,958.00 and authorize the expenditure of a 10% contingency in the amount of $3,002.00 to provide fiscal year 2004/2005 Traffic Signal Design Services for proposed capital improvement projects at various locations within the City, to be funded from Acct. Nos. 1124-303- 5650/1473-124-0 ($6,590.00), 1124-303-5650/1474-124-0 ($6,590.00), 1124-303-6650/1475-124-0 ($6,590.00), 1124-303-5650/1509-124-0 ($6,590.00 and 1176-303-5650/1508-176-0 ($6,600.00), and approval of appropriation of $6,590.00 to Acct. No. 1124-303-5650/1509-124-0 from Transportation (Fund 124) Fund Balance and an appropriation of $6,600.00 to Acct. No. 1176-303-5650/1508-176-0 from Measure "1" (Fund 176) Fund Balance. D11. Approval of an agreement between the City of Rancho Cucamonga and San Bernardino Associated Governments (SANBAG) (CO 05-017) to share the cost of the demolition and the site clean-up of the burned Packing House, demolition of three miscellaneous buildings, the pole barn, concrete and asphalt demolition on the sites, and removal of hazardous materials - APN: 0227-121-18 and 51. D12. Approval of Improvement Agreement Extension for DRC2002-00499, ocated at the southwest corner of 6 Street and Fa rway V~ew Place, submitted by KSL Rancho Cucamonga, L.P. City Council Minutes March 2, 2005 Page 6 RESOLUTION NO. 05-078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR DRC2002-00499 D13. Approval of Improvement Agreement Extension for Tract 14771, located on the north side of Ringstem Avenue, east of Haven Avenue, submitted by Toll Brothers. RESOLUTION NO. 05-079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 14771 D14. Approval of Improvement Agreement Extension for Tract 16279, located on the north and south sides of realignment Highland Avenue, between Etiwanda and East Avenues, submitted by Tell Brothers. RESOLUTION NO. 05-080 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16279 D15. Approval of Improvement Agreement Extension for Tract 16279-1, located on the north and south sides of Highland Avenue, between Etiwanda and East Avenues, submitted by Toll Brothers. RESOLUTION NO. 05-081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16279-1 D16. Approval of Improvement Agreement Extension for Parcel Map 16365, located on the northwest corner of Day Creek Boulevard and Foothill Boulevard, submitted by Regency Realty Group, Inc. RESOLUTION NO. 05-082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR PARCEL MAP 16365 D17. Approval of Improvement Agreement Extension for Tract 16369, located on the northeast corner of Day Creek Boulevard and Chumh Street, submitted by Standard Pacific Corporation. RESOLUTION NO. 05-083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16369 City Council Minutes March 2, 2005 Page 7 D18. Approval of Improvement Agreement Extension for Tract 16612, located on the southwest corner of Day Creek Boulevard and Church Street, submitted by D.R. Horton Los Angeles Holding Co., Inc. RESOLUTION NO. 05-084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16612 D19. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Cash Deposit and file a Notice of Completion for improvements for CUP 99-56, located on the north side of Foothill Boulevard, west of Etiwanda Avenue, submitted by Roman Catholic Bishop of San Bernardino. RESOLUTION NO. 05-085 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CUP 99-56 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D20. Approval to accept Improvements, retain the Faithful Performance Bond in lieu of a Maintenance Bond, and file a Notice of Completion for improvements for DRC2001-00437, located at the northeast corner of Haven Avenue and Town Center Drive, submitted by Exxon Mobil Oil Corporation. RESOLUTION NO. 05-086 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2001-00437 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D21. Approval to accept Improvements, release the Faithful Performance Cash Deposit and file a Notice of Completion for improvements for Parcel Map 16057, located on the south side of Feron Street, east of Reid Street, submitted by Northtown Housing Development Corp. RESOLUTION NO. 05-087 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 16057 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D22. Approval to accept Improvements, release the Faithful Performance Cash Deposit and file a Notice of Completion for improvements for Parcel Map 16058, located on the west side of Reid Street, south of Feron Street, submitted by Northtown Housing Development Corp. RESOLUTION NO. 05-088 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 16058 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK City Council Minutes March 2, 2005 Page 8 D23. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond and file a Notice of Completion for improvements for parcel Maps 16123, 16124 and 16125, located on the east side of haven Avenue south of Arrow Route and on the west side of Monroe Court cul-de-sac, north of Jersey Boulevard, submitted by Haven Partners, LLC. RESOLUTION NO. 05-089 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAPS 16123, 16124 AND 16125 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D24. Approval to accept Improvements, retain the Faithful Performance Bond in lieu of a Maintenance Bond and fi~e a Notice of Completion for improvements for Tract 14875, located at the southeast corner of Archibald Avenue and Church Street, submitted by Ambling West, LLC. RESOLUTION NO. 05-090 A RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 14875 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D25. Approval of Faithful Performance Bond No. 08674637 in the amount of $133,655.00 for the Lemon Avenue Street Rehabilitation from Beryl Street to Amethyst Avenue, Contract No. 03-022. D26. Approval to release the Faithful Performance Bond No. 69539057 in the amount of $49,300.00 for the Heritage Park Storage Shed, Contract No. 03-045. D27. Approval to accept the Rochester Avenue, north of Highland and Haven Avenue, north of 19th Street Landscaping Project, Contract No. 04-077 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 $294,773.33. RESOLUTION NO. 05-091 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE ROCHESTER AVENUE, NORTH OF HIGHLAND AVENUE AND HAVEN AVENUE, NORTH OF 19TM STREET, LANDSCAPING PROJECT, CONTRACT NO. 04-077 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D28. Approval to release Maintenance Guarantee Bond No. 83SB104168826 BCM in the amount of $13,724.26 for the Milliken Avenue Pavement Rehabilitation from 6th Street to 7th Street, Contract No. 03- 101. D29. Approval to accept the Highland Avenue Landscape Improvements east of Day Creek Boulevard, Contract No. 04-160 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 $87,342.50. City Council Minutes Mamh 2, 2005 Page 9 RESOLUTION NO. 05-092 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE HIGHLAND AVENUE LANDSCAPE IMPROVEMENTS EAST OF DAY CREEK BOULEVARD, CONTRACT NO. 04-160 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Michael, seconded by Williams to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 5-0. II ~. CONSENT ORDINANCES I No Items Submitted. II r. ADVERTISED PUBLIC HEARINGS I Fl. CONSIDERATION TO ADOPT AN ORDINANCE THAT ADOPTS BY REFERENCE COUNTY ORDINANCE 3930 RELATING TO THE INSPECTION GRADING OF FOOD ESTABLISHMENTS (CONTINUED FROM FEBRUARY 2, 2005) A staff report was presented by Kimberly Thomas, Management Analyst III. Terry Williams, San Bernardino County Health Department (SBCHD), also presented information about the grading process. Councilmember Michael inquired what other counties have for their grading systems. Terry Williams, (SBCHD), stated that most counties have the ABC grading. Councilmember Michael asked the percentage of restaurants that have A ratings in the City of Rancho Cucamonga. Terry Williams, (SBCHD), stated about 80% have A's. Councilmember Gutierrez commented about the California Restaurant's Association not favoring this system. He asked what kind of violations is noted and if there are any other than food violations. Terry Williams, (SBCHD), displayed a list of possible violations. Councilmember Gutierrez asked what someone could do to debate the grade they received. Terry Williams, (SBCHD), stated they have an in-house hearing process, but that most violations noted are very clear and are not challenged by people. Mayor Alexander opened the meeting for public hearing. Addressing the City Council were: Steve Timberman asked why are we wasting our tax dollars on this item. He did not feel the government should be involved in this. City Council Minutes March 2, 2005 Page 10 John Lyons stated he asked various restaurant owners how they felt about putting the letter grade in their window. He commented on why some of the restaurant owners get a B rating. He did not think it needed to be posted in the windows. A man (did not give his name) stated when people see a B rating they do wonder if they will get sick by eating there. He asked that the City Council vote no on this ordinance. Nicole Myerchin fe~t having ratings is a good thing and that it helps people to make an educated decision. She stated it helps restaurants to improve their conditions. Anthony Artono, Los Osos High School, stated he does not eat in his school cafeteria. He felt the agenda was wasting trees by printing them for everyone. He felt the Council should be considering issues that were important to help generate revenue. Amber Novara, Los Osos High School, commented on the book, The Jung/e, as it relates to generating revenue. There being no further comments, the public hearing was closed. Terry Williams, (SBCHD), stated school cafeterias are inspected and scored, but are not posted, but felt they could be. She stated San Bernardino County has a very high record. Councilrnember Michael stated he is concerned about the quality of food and if it is healthy. He suggested the County notify the restaurant that they are coming into their establishment so they can get ready for the inspection, and if that isn't possible, why not allow them a ten day period before they have to post a bad grade. This would allow them time to correct any violations noted. Terry Williams, (SBCHD), it has been agreed upon, both nationally and state wide, to do unannounced inspections. Councilmember Michael felt a business should have ten days to fix something before they have to post a B grade. Councilmember Williams stated the issue is not should a restaurant be inspected, but rather should the restaurant be forced to hang their grade in the window. She felt this could be very detrimental to a business to hang a B in their window. She stated the A's will automatically post their grades in the window. ORDINANCE NO. 739 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING, BY REFERENCE, COUNTY OF SAN BERNARDINO ORDINANCE NO. 3930 RELATING TO INSPECTION GRADING OF FOOD ESTABLISHMENTS AND AMENDING TITLE 8 OF THE RANCHO CUCAMONGA MUNICIPAL CODE ACTION: Since there was no motion made to adopt Ordinance No. 739, the Mayor suggested the City stay with the existing standard and not adopt the County Ordinance. He stated this matter would die to lack of a motion. F2. CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AMENDING ELECTRIC RATES, FEES AND CHARGES PURSUANT TO THE REQUIREMENTS AND AUTHORITY OF CHAPTER 3.46 OF TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE A staff report was presented by Mike TenEyck, Administrative Resource Manager. City Council Minutes Mamh 2, 2005 Page 11 Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. RESOLUTION NO. 05-093 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF' RANCHO CUCAMONGA, CALIFORNIA, ADOPTING RATES, FEES AND CHARGES PURSUANT TO THE REQUIREMENTS AND AUTHORITY OF CHAPTER 3.46 OF TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE MOTION: Moved by Williams, seconded by Michael to approve Resolution No. 05-093. Motion carried unanimously 5-0. II ~. PUBLIC HEARINGS I Gl. CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, ADDING CHAPTER 19.20 TO TITLE 19 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO THE PROTECTION AND REGULATION OF THE CITY'S MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) AS REQUIRED BY STATE AND FEDERAL LAW A staff report and power point presentation (on file in the City Clerk's office) were presented by Bob Zetterberg, Integrated Waste Coordinator. James Markman, City Attorney, stated this is being mandated to get the storm waters clean before it goes into the ocean. He stated this is a "no choice" matter. Mayor Alexander opened the meeting for public input. There being no response, the public hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 740. ORDINANCE NO. 740 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTER t9.20 TO TITLE 19 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO THE PROTECTION AND REGULATION OF THE CITY'S MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) MOTION: Moved by Gutierrez, seconded by Williams to waive full reading and set second reading of Ordinance No. 740 for the March 16, 2005 meeting. Motion carried unanimously 5-0. II H. CITY MANAGER'S STAFF REPORTS I H1. CENTRAL PARK UPDATE (Oral) A staff report and power point presentation (on file in the City Olerk's office) were given by Kevin McArdle, Community Services Director and Dave Moore, Recreation Superintendent. City Council Minutes Mamh 2, 2005 Page 12 Councilmember Williams asked how the seniors will get from the parking lot to the Senior Center building. Dave Moore, Recreation Superintendent, stated they are working this issue out in order to assist them. Councilmember Williams stated she would like to have the issue of serving alcohol at the Senior Center on the next agenda. She stated she would like information prepared for operating the old Senior Center compared to the new Senior Center. She felt if the sale of alcohol is vital to the success of the center, she would ask her fellow City Councilmembers that voted with her against alcohol to reconsider this again. She asked for real numbers so that she can reconsider her vote. Mayor Alexander stated he had already asked that this be on the agenda and is glad to hear this. Councilmember Gutierrez felt this was a very good issue to talk about. He stated he is very concerned about the senior access to the center as well. ACTION: Report received and filed. H2. CODE ENFORCEMENT UPDATE (Oral) A staff report and power point presentation (on file in the City Clerk's office) were presented by Mark Salazar, Code Enfomement Supervisor, and Alison Rowlen, Code Enfomement Officer. ACTION: Report received and filed. [[ I. COUNCIL BUSINESS Il I1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember) Councilmember Michael commented on a previous meeting the Council had to discuss organizational effectiveness. He stated one of the items discussed was the agenda format. He stated that Council Comments were moved to the end of the agenda, and that the second Public Communications has been removed. He stated he toured the animal shelter. He advised that he and Councilmember Spagnolo will be going to Washington, D.C. to meet with legislators about issues concerning the City. Councilmember Gutierrez expressed his appreciation to Supervisor Biane for the good things he is doing for the City. He appreciated being put on the Etiwanda Preserve Committee. He felt this is very important to preserve open space. Jack Lam, City Manager, stated Nathan Winograd has been asked to speak at 6:00 p.m. at Lions Park Community Center West on March 14. He stated earlier in the meeting he corrected a gentleman about some information he was talking about. He stated the City does not do this to be argumentative, but did not feel incorrect information should left with the public. He stated this is done to make sure the public has the facts correct. He stated anyone can call the City if they have questions. 12. RECONSIDERATION OF APPOINTMENTS TO OMNITRANS AND SANBAG (Oral) Mayor Alexander asked that this item be removed from the agenda and brought back at the March 16, 2005 meeting. 13. LEGISLATIVE UPDATE (Oral) Councilmember Williams stated the City has received word from Congressman Dreier about funding for improvements on Base Line and the 115 Interchange. She stated the CDBG Program and the COPS City Council Minutes March 2, 2005 Page 13 Program may be eliminated because of funding being eliminated. She stated this is critical to all cities. She encouraged people to write to their legislators about not getting rid of this money I[ J. ADJOURNMENT I MOTION: Moved by Williams seconded by Gutierrez to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 9:36 p.m. City Clerk Approved: April 6, 2005