Loading...
HomeMy WebLinkAbout2005/03/16 - Minutes March 16, 2005 CITY OF RANCHO CUCAMONGA CITY COUNCIL CLOSED SESSION MINUTES A. CALL TO ORDER The Rancho Cucamonga City Council held a closed session on Wednesday, March 16, 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 Joe O'Neil, City Engineer. B. 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 083610, 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 l[ C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) I 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 March 16, 2005 Page 2 The closed session recessed at 6:42 p.m. with no action taken. CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Requ ar Meeting A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, March 16, 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 7:10 p.m. Present were Councilmembers: Rex Gutierrez, L. Dennis Michael, Sam Spagnolo, Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Linda D. Daniels, Redevelopment Director; James C. Frost, City Treasurer; Larry Temple, Administrative Services Director; Dawn Haddon, Purchasing Manager; Mike Toy, Information Systems Specialist; Charles Scott, Sr. Information Systems Specialist; Joe O'Neil, City Engineer; Robert Lemon, Management Analyst II; Erica Darplee, Management Analyst I; Brad Buller, City Planner; Tom Grahn, Associate Planner; Trang Huynh, Building Official; Kevin McArdle, Community Services Director; Dave Moore, Recreation Superintendent; Bill Pallotto, Recreation Supervisor; Robert Karatsu, Library Services Manager; Michelle Perera, Reference Services Coordinator; Captain Pete Ortiz, Rancho Cucamonga Police Department; Chief Peter Bryan, Rancho Cucamonga Fire Protection District; Kimberly Thomas, Management Analyst III; Shirr'l Griffin, Office Specialist II - City Clerk's Office; and Debra J. Adams, City Clerk. II ~. ANNOUNCEMENTS/PRESENTATIONS I B1. Presentation by Dee Matreyek regarding Restorative Justice. Dee Matreyek with the Restorative Justice Center of the inland Empire, informed the Council that this program allows an opportunity for victims, offenders and the community to take part in righting the wrongs done when a crime is committed, and provides a systematic search for solutions to crime that promotes reconciliation. She informed the Council that the City of Upland recently adopted the use of victim/offender mediation for some of their minor offense juvenile cases and that they have had 100% success rate. She challenged the Council and the Police Chief to start a program like this and felt it would be very beneficial for instances that might occur at the mall, such as shoplifting. She felt the Council would find this program very rewarding. Councilmember Williams inquired who decides that a kid can use this program if they do something wrong. Ms. Matreyek stated cases for this program get chosen by the Probation Department. She stated the offender can request this, but that it is up to the victim if they want to be involved with this program. City Council Minutes March 16, 2005 Page 3 Councilmember Michael felt this was a good idea and encouraged her to keep working with staff on this. Councilmember Gutierrez stated he agreed. Councilmember Michael asked if she modeled this program after someone else's. Ms. Matreyek stated there are other cities in San Bernardino County that do this. B2. Update on the West Nile Virus Plan of Action by the West Valley Mosquito and Vector Control District. Dr. Cheng reported there are cases of the West Nile Virus that have already been identified. He asked the residents to look at their property and try to eliminate any risks that could contribute to this problem. Councilmember Michael asked what people should do if they find a dead bird on their property. Dr. Cheng stated they should call 877.WNV.BIRD or 909.627.0931. Councilmember Williams suggested this be put on the City's website. B3. Presentation of a Proclamation declaring March 2005 as "Red Cross Month." The City Council presented the Proclamation to Debbie Hippen, Boardmember for the American Red Cross. B4. ADDED ITEM - Presentation of a Proclamation recognizing the week of March 28 - April 3, 2005 as "Community Development Week in Rancho Cucamonga." The City Council presented the Proclamation to Tom Grahn, Associate Planner. Tom Grahn, Associate Planner, told about the CDBG Program and the services it provides the community. Councilmember Williams encouraged people to write their legislators and tell them the CDBG money is very important to this community and should not be cut from the State's budget. She felt email was a great way to get messages to them. C. PUBLIC COMMUNICATIONS C1. John Lyons, Etiwanda area, stated that his heart and prayers go out to the fireman that was injured yesterday. He asked if the public would be able to speak on item 13. Mayor Alexander stated yes. Mr. Lyons commented on the newspaper article about the fire fighters and developers running the City. He stated he would like to know who these developers are. He commented on an event at the Home Depot. He stated there were protestors blocking the entrance into Home Depot. He asked people to support Rancho Cucamonga business. C2. Melanie Ingram, Rosebud Court, stated Rancho Recall is alive and well. She stated this is "National Sunshine Week - You Have the Right to Know." She stated open government is very important. She stated she is disappointed that one of the Public Communications was eliminated from the agenda and wished this would be put back on. She felt Rancho Cucamonga has taken a step backwards by eliminating the second Public Communications from the agenda. City Council Minutes March 16, 2005 Page 4 C3. Leslie Grimes stated she agreed with Melanie Ingram about the removal of the second Public Communications. She felt this had opened up communication. She asked that this be put back on the agenda. She felt Victoria Gardens was beautiful. She asked people to pray for our young men and women that volunteer to serve their country. C4. Kelly Heillig stated there was a candlelight vigil at the Animal Shelter over the weekend. She stated it was very nice. She stated on Monday night there was a City Council meeting with a presentation made by Nathan Winograd. She stated volunteers are needed at the Animal Shelter and also for the Cats in Need Program. C5. Jenna (did not give last name) stated she attended the meeting held Monday night and asked the Council to hire Mr. Winograd to set up the "no kill" shelter. C6. A lady (who did not identify himself) read a letter from Pamela Hall (which is on file in the City Clerk's office). She stated there will be a Pet Fair at Upland Memorial Park on May 21 and encouraged the City Council to attend. C7. Bill McCliman stated he made an error when he said the City Council voted on the contract for the fire fighters, as was mentioned at the last meeting by City Manager Jack Lam. He stated even though there was not a vote, the City Council is not giving the firemen what they want. He stated other City employees got their raises, but the firemen have not. He did not feel it was right for the City council to discuss labor negotiations with the newspaper and wondered why they would not discuss this at a City Council meeting. He stated at the next meeting he would like the Blue Ribbon Commission issue to be on the agenda and would like there to be a City Council item to hire Nathan Winograd. C8. Nicole Myerchin thanked the public for coming to the Monday night meeting to hear Nathan Winograd. She stated there were a lot of residents in attendance. She stated she would like to see an item on the next agenda to hire Mr. Winograd and would like there to be an item on microchipping of animals and Vet care. She also talked about the Foster Care Program and said she would like to have discussion about this at the next meeting. She asked if Councilmember Williams got the email from her on Veterinary Care. She stated the County is in a 501C3 to raise money for the animals at the Animal Shelter, and stated she would like to know how much money they have raised and what they have spent it on. She felt the money could be used to help the animals. She stated she would like to see the City get in a 501C3 to make sure when there is a fundraiser, the money goes back to the animal programs. She said she appreciated the City Council attending the meeting Monday night and asked if in the future these meetings could be videotaped. C9. Ken Christley felt Mr. Winograd should be hired to turn our shelter into a "no kill" shelter. C10. Jody Bell stated she will not go to the shelter while it is a "kill" shelter. She stated it should be a "no kill" shelter and that she did appreciate the City Council holding the meeting on Monday night. C11. Deputy Greg Hill talked about the upcoming Sheriff's Department Bicycle Rodeo to be held June 4. He stated they are already meeting to plan it. He stated on March 31st at the San Bernardino Headquarters there will be a plaque of Deputy Ron Ives dedicated. City Council Minutes March 16, 2005 Page 5 II i,. CONSENT CALENDAR I D1. Approval of Minutes: February 11,2005 (Special Meeting) February 12, 2005 (Adjourned Meeting) February 16, 2005 February 22, 2005 (Special Meeting) February 24, 2005 (Special Meeting) February 28, 2005 (Special meeting) March 2, 2005 (Special meeting) D2. Approval of Warrants, Register 2/24/05 through 3/8/05 and Payroll ending 3/8/05, for the total amount of $944,932.90. D3. Approve to receive and file current Investment Schedule as of February 28, 2005. D4. Approval of plans, specifications and estimates and to authorize the "Notice Inviting Bids" for Improvements in Phase 01/03 Final Work of Community Facilities District 2001-01 and 2003-01 for final street overlay, final striping, median island construction and landscaping, traffic signal modification, etc., on Foothill Boulevard from Rochester Avenue to 1-15 Freeway, to be funded from Acct. Nos. 16123035650/1442612-0 and 16143035650/1442614-0, and approval to allow a median break on Foothill Boulevard and change street tree designation on Foothill Boulevard. RESOLUTION NO. 05-095 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF IMPROVEMENTS IN PHASE 01-03 FINAL WORK OF COMMUNITY FACILITIES DISTRICTS 2001-01 AND 2003-01, (TO BE BID AND CONSTRUCTED AS ONE PROJECT), INCLUDING FINAL STREET OVERLAY, FINAL STRIPING, MEDIAN ISLAND CONSTRUCTION AND LANDSCAPING, TRAFFIC SIGNAL MODIFICATION, ETC., ON FOOTHILL BOULEVARD FROM ROCHESTER AVENUE TO 1-15 FREEWAY, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D5. Approval of plans and specifications for the "Citywide Concrete Repair, Tree removal and Tree Planting Annual Maintenance Agreement renegotiable on a year-to-year basis, and authorize the City Clerk to advertise the "Notice Inviting Bids", to be funded from Acct. No. 1001316-5300 ($350,000) as approved in the 2004-2005 budget. RESOLUTION NO. 05-096 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR "CITYWIDE CONCRETE REPAIR, TREE REMOVAL AND TREE PLANTING ANNUAL MAINTENANCE AGREEMENT RENEGOTIABLE ON A YEAR-TO-YEAR BASIS" AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D6. Approval of a Resolution authorizing the Deputy City Manager, Finance Officer, and Fire Chief to execute the appropriate documentation for the purpose of obtaining Federal and State assistance from various competitive grant programs. City Council Minutes Mamh 16, 2005 Page 6 RESOLUTION NO. 05-097 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, AUTHORIZING THE DEPUTY CITY MANAGER, FINANCE OFFICER, AND FIRE CHIEF TO EXECUTE THE APPROPRIATE DOCUMENTATION FOR THE PURPOSE OF OBTAINING FEDERAL AND STATE ASSISTANCE FROM VARIOUS COMPETITIVE GRANT PROGRAMS D7. Approval of the Parks, Recreation Facilities and Community Services Update. D8. Approval of expenditure with Brodart, Inc. for the acquisition of library materials for the Archibald Library in the amount of $70,000 from Library Account 12906015200. Dg. Approval of a request from the Christian Okoye Foundation for a Waiver of Rental Fees for a Free Youth Football/Soccer Clinic at the Rancho Cucamonga Epicenter and Adult Sports Complex (soccer fields) on April 2, 2005. D10. Approval for Annual Product Support and Service Renewal from the provider, Oracle Corporation in the amount of $34,100 to be funded from General Fund, Administrative Services Department, Information Systems Division, 1001-209-5300 and 1001-209-5152. Dll. Approval to appropriate $76,000 out of AB1600 reserves into Acct. No.1016301-5300 (Contract Services) in connection with City/County initiated Annexation DRC2004-01204. D12. Approval of an expenditure of $24,00 for the marking of underground utilities by Underground Technology Inc. (UTI) (CO 03-087) as approved in the 04/05 budget, and appropriate an additional $16,000 for Fiscal Year 2004-2005, to be funded from Acct. No. 1001316-5300. D13. Approval to accept Grant Revenue in the amount of $30,833.00 from the United States Department of Justice 2005 Byrne Justice Assistance Grant (JAG) Award into Acct. No. 1354000-4740 (Grant Income) for use by the Police Department for the purchase of Police related equipment and technology. D14. Approval of Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 8 for DRC2002-00264, located on the southwest corner of 6~h Street and Utica Avenue, submitted by 6th & Utica, LLC, a California Limited Liability Company. RESOLUTION NO. 05-098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DRC2002-00264 RESOLUTION NO. 05-099 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 8 FOR DRC2002-00264 D15. Approval of Improvement Agreement and Improvement Securities and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Light Maintenance District Nos. 1 and 6 for DRC2004- 00145, located on the south side of Arrow Route, east of Utica Avenue, submitted by Public Storage, Inc. City Council Minutes Mamh 16, 2005 Page 7 RESOLUTION NO. 05-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR DRC2004- 00145 RESOLUTION NO. 05-101 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 AN D 6 FOR DRC2004-00145 D16. Approval of Map, Improvement Agreement, Improvement Security and Ordering the Annexation to landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for Tract 16554, located at the southwest corner of Hermosa and Base Line Road, submitted by HL Homes Corporation. RESOLUTION NO. 05-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 16554, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO. 05-103 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 16554 D17. Approval to execute a Professional Services Agreement in the amount of $61,000 to Butsko Utility Design, Inc. (CO 05-021), for system planning, design and inspection of Marketplace Properties and Victoria Gardens Southern Parcel within the Rancho Cucamonga Municipal Utility service area, to be funded $26,900 from Acct. No. 17053035650/1485705, $34,100 from Acct. No. 17053035650/1487705 Municipal Utility Fund. D18. Approval of a Professional Services Agreement with Maximus (CO 05-022) in the amount of $50,200 to provide consulting services related to preparation of an Engineering Division User Fee Study and an Engineering Division Development Impact Fee Study, to be funded from Acct. No. 10163015300, and approval of an appropriation of $50,200 to Acct. No. 10013055300. D19. Approval of Improvement Agreement Extension for Tract 16454-1, located at the southeast corner of Base Line Road and Etiwanda Avenue, submitted by KB Home Greater Los Angeles, Inc. RESOLUTION NO. 05-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16454-1 City Council Minutes March 16, 2005 Page 8 D20. Approval to accept Improvements, retain the Faithful Performance and Labor and Material Letter of Credit for six months after acceptance, accept a Maintenance Guarantee Cash Deposit and file a Notice of Completion for Improvements for DRC2003-00072, located on the east side of Archibald Avenue, between 4TM and 6th Street, submitted by Calwest Industrial Properties. RESOLUTION NO. 05-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2003-00072 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D21. Approval to accept Improvements, release the Faithful Performance Bond, accept a Letter of Credit as the Maintenance Bond, and file a Notice of Completion for Improvements for DRCDR00-41, located on the south side of 6th Street, west of Haven, submitted by Cabot Industrial Properties, L.P. RESOLUTION NO. 05-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRCDR00-41 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D22. Approval to release the Maintenance Cash Deposit for PM 15278, located on the southwest corner of Banyan Street and London Avenue, submitted by P.K.T. Properties, LLC. D23. Approval to release the Maintenance Guarantee Bond for Tract 14162, located on the south side of 19th Street at the western City limit, submitted by Promus Investment Network, Inc. D24. Approval to release the Maintenance Guarantee Bond for Tract 14494-1, located on the north side of Banyan Street, west of Day Creek Boulevard, submitted by US Home Corporation. D25. Approval to release the Maintenance Guarantee Bonds for Tract 15540, located between Foothill Boulevard and Arrow Route, east of Baker Avenue, submitted by Van Daele Development Corporation. D26. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond and file a Notice of Completion for improvements for Tract 16263, located on the southeast corner of Base Line Road and EIlena West, submitted by KB Home Greater Los Angeles, Inc. RESOLUTION NO. 05-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16263 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D27. Approval to accept the Mall On-Site Water and Sewer of Community Facilities District 2003-01, Contract No. 03-117 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 $1,395,980.00. RESOLUTION NO. 05-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE MALL ON-SITE WATER AND SEWER OF COMMUNITY FACILITIES DISTRICT 2003- 01, CONTRACT NO. 03-117 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK City Council Minutes Mamh 16, 2005 Page 9 D28. Approval to release the Maintenance Guarantee Bond No. 83 SB 104078528 BCM in the amount of $35,260.01 for the Banyan Street Widening from Rochester Avenue to 2000' west, Contract No. 03-050. D29. Approval to accept the Temporary Power Pole and Overhead Wire Installation project, Contract No. 03-077, as complete, approval of a change order in the amount of $62,171.80, to be funded from Acct. No. 17053035650/1382705-0 from Municipal Utility fund, 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 $109,036.80. RESOLUTION NO. 05-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE TEMPORARY POWER POLE AND OVERHEAD WIRE INSTALLATION PROJECT, CONTRACT NO. 03-077 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D30. Approval to accept the Phase 1B(e) of Community Facilities District 2001-01, including landscaping and amenities on Arbor Lane, Contract No. 04-069 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 $1,664,586.54. RESOLUTION NO. 05-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PHASE lB(E) OF COMMUNITY FACILITIES DISTRICT 2001-01, INCLUDING LANDSCAPING AND AMENITIES ON ARBOR LANE, CONTRACT NO. 04-069 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D31. Approval of the Resolutions approving and confirming the Engineer's Report and Setting of Public Hearing for May 18, 2005, to levy the Annual Assessments for Fiscal Year 2005/2006 for Landscape Maintenance District Nos. 1,2, 3A, 3B, 4, 5, 6, 7, 8, 9 and 10. NO INCREASE OF ASSESSMENT RATE IS PROPOSED. RESOLUTION NO. 05-111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FOR APPROVAL OF CITY ENGINEER'S REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NOS. 1, 2, 3A, 3B, 4, 5, 6, 7, 8, 9 AND 10. NO INCREASE OF ASSESSMENT RATE PROPOSED. RESOLUTION NO. 05-112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE DISTRICT NOS. 1, 2, 3A, 3B, 4, 5, 6, 7, 8, 9 AND 10 FOR THE FISCAL YEAR 2005/2006 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO City Council Minutes March 16, 2005 Page 10 D32. Approval of the Resolutions approving and confirming the Engineer's Report and Setting of Public Hearing 1or May 18, 2005, to levy the annual assessments for Fiscal Year 2005/2006 for Street Lighting Maintenance District Nos. 1, 2, 3, 4, 5, 6, 7 and 8. NO ~NCREASE OF ASSESSMENT RATE IS PROPOSED. RESOLUTION NO. 05-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FOR APPROVAL OF CITY ENGINEER'S ANNUAL REPORTS FOR STREET LIGHTING MAINTENANCE DISTRICT NOS. 1, 2, 3, 4, 5, 6, 7 AND 8. NO iNCREASE OF ASSESSMENT RATE PROPOSED. RESOLUTION NO. 05-114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICT NOS. 1, 2, 3, 4, 5, 6, 7 AND 8 FOR THE FISCAL YEAR 2005/2006 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO D33. Approval of the Resolutions approving and confirming the Engineer's Reports and Setting of Public Hearing for May 18, 2005, to levy the Annual Assessments of Fiscal Year 2005/2006 for the Park and Recreation Improvement District (PD-85). NO INCREASE OF ASSESSMENT RATE IS PROPOSED. RESOLUTION NO. 05-115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FOR APPROVAL OF CITY ENGINEER'S ANNUAL REPORT FOR PARK AND RECREATION ~MPROVEMENT DISTRICT (PD-85). NO INCREASE OF ASSESSMENT RATE PROPOSED. RESOLUTION NO. 05-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO · CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN PARK AND RECREATION IMPROVEMENT DISTRICT (PD-85) FOR THE FISCAL YEAR 2005/2006 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO MOTION: Moved by Williams, seconded by Gutierrez to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 5-0. 1[ E. CONSENT ORDINANCES II El. CONSIDERATION OF 2No READING 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's5 MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) AS REQUIRED BY STATE AND FEDERAL LAW City Council Minutes March16, 2005 Page 11 Debra J. Adams, City Clerk, read the title of Ordinance No. 740. ORDINANCE NO. 740 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, 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) MOTION: Moved by Michael, seconded by Williams to waive full reading and set second reading of Ordinance No. 740 for the next meeting. Motion carried unanimously 5-0. II F. ADVERTISED PUBLIC HEARINGS I No Items Submitted. II ~. PUBLIC HEARINGS I Gl. CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA REVISING REGULATIONS PERTAINING TO POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES WITHIN CITY PARKS, AND AMENDING TITLE 12 OF THE RANCHO CUCAMONGA MUNICIPAL CODE Kevin McArdle, Community Services Director, asked that item 12 be considered at this time also and presented a staff report. Councilmember Michael asked if there is criteria to deny someone alcohol. Kevin McArdle, Community Services Director, stated it would not be by the user, but by the use. Mayor Alexander opened the meeting for public hearing. Addressing the City Council were: Lynn Christie of the Senior Advisory Committee and a resident of Rancho Cucamonga, stated she does not drink alcohol. She stated drinking is legal and has been allowed at the current senior center. She felt if alcohol were allowed, it would generate revenue. She felt the primary competition for room rental is Etiwanda Gardens. She felt with control, there would not be a problem for the neighborhoods if alcohol was allowed. Leslie Grimes agreed with the idea of making sure the person being honored is over the age of 21. She did not think the Etiwanda Gardens owner should worry about this being approved because she did not feel it would hurt his business. She stated there was nothing wrong with competition and that she supports this. John Lyons felt when there is only going to be a toast, champagne should be allowed and that the other conditions should not apply. He felt nonalcoholic beverages should be served if alcohol is served. A lady (did not identify herself) stated she has a problem serving alcohol near her home. There being no further input, the public hearing was closed. City Council Minutes March 16, 2005 Page 12 MOTION: Moved by Michael to waive full reading and approve Ordinance No. 741. Councilmember Michael stated he hopes that the City does not get in competition with private industry. He stated he was concerned about people bringing in their own caterer with their own drinks. He stated he would like to see a group of caterers approved that could be used by customers that the City can regulate to meet our expectations. He felt this might be a better way to manage alcohol consumption. Kevin McArdle, Community Services Director, stated this was discussed and could be inserted into the policy. Mayor Alexander asked if this would be in the policy or the Ordinance. James Markman, City Attorney, stated it would be in the policy and continued to explain what the Ordinance does. Councilmember Michael asked where the City would get the revenue if we cannot charge more than what we collect. Kevin McArdle, Community Services Director, stated it would be from the rental of the building and that type of thing. Councilmember Williams stated she agreed with comments made by Councilmember Michael and felt there should be a list of caterers developed if alcohol is being served. She felt a professional caterer would assume some of the responsibility if there is a problem. Councilmember Michael asked if the existing senior center would still be allowing alcohol. Kevin McArdle, Community Services Director, explained this Ordinance would allow alcohol in City parks and that the existing senior center is not in a park. Councilmember Gutierrez stated he went to the neighborhoods around Central Park to talk to them about this and that it was about a 2 to I ratio of people that did not mind if alcohol is served. He felt the people in these neighborhoods should be allowed to help the City Council make this decision. He stated he still does not feel it is right for the public sector to get involved in this type of activity. He wondered if we should wait until this facility is a little older. He did not know if it was worth the $44,000 it would generate. He felt the City would do fine without the alcohol. Councilmember Spagnolo asked if Kevin McArdle has received any comments from other cities that have had problems serving beer and wine. Kevin McArdle, Community Services Director, commented that our existing senior center has not had any problems because of serving alcohol. He added they received no incident reports from other cities. Councilmember Spagnolo asked if there would be hard liquor served. Kevin McArdle, Community Services Director, stated no that only beer, wine and champagne would be allowed. Councilmember Spagnolo stated he would be in favor of the public giving their input on this. Councilmember Williams stated there could be three separate parties going on at the same time and felt security would be very important to handle everything. She felt the policy was critical and felt there could be a lot of problems with this. Mayor Alexander stated he did not agree that someone with a very small party having to use one of the City's caterers. He stated we are not talking Margarita Beach or a lounge. City Council Minutes March 16, 2005 Page 13 Councilmember Williams felt the caterer idea is a good one because she did not think it should be left up to the City staff to deal with someone that has had too much to drink. She felt this was a good way to meet in the middle. She did not think the $44,000 revenue was that much money considering there is a $1,000,000 budget for this facility. Councilmember Michael asked if there will be problems with serving the youth because of having parties there. Kevin McArdle, Community Services Director, stated no. Jack Lam, City Manager, stated staff will work on these suggestions for the policy. Councilmember Michael stated the caterer list is only for those groups that want to serve alcohol. He stated he does not want to approve the Ordinance unless the policy is approved. James Markman, City Attorney, stated the policy can come back with the second reading of the Ordinance. Debra J. Adams, City Clerk, read the title of Ordinance No. 741. ORDINANCE NO. 741 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REVISING REGULATIONS PERTAINING TO POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES WITHIN CITY PARKS, AND AMENDING TITLE 12 OF THE RANCHO CUCAMONGA MUNICIPAL CODE MOTION: Moved by Alexander, seconded by Spagnolo to waive full reading and set second reading for the next meeting and to bring back the policy identified in item 12. Motion carried 4-1 (Gutierrez voted no). G2. 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 Joe O'Neil, City Engineer, stated since one of the property owners pertaining to this does not understand this process, he asked that this be continued for one month. He stated the developer has no problems with the continuance. James Markman, City Attorney, stated it is suggested to continue this to April 20, 2005 at 7:00 p.m. in the Council Chambers located at the Civic Center at 10500 Civic Center Drive, Rancho Cucamonga. RESOLUTION NO. 05-094 A RESOLUTION OF NECESSITY OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY INTERESTS FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE 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 continue the item to April 20, 2005 at 7:00 p.m. in the Counci~ Chambers located at the Civic Center at 10500 Civic Center Drive, Rancho Cucamonga. Motion carried unanimously 5-0. City Council Minutes Mamh 16, 2005 Page 14 H. CITY MANAGER'S STAFF REPORTS H1. UPDATE ON IMPACTS OF MEASURE ORDINANCE ON CITY TRANSPORTATION FEE STRUCTURE A staff report and power point presentation were given by Erica Darplee, Management Analyst I. Councilmember Spagnolo inquired how much time we have to do this. Erica Darplee, Management Analyst I, stated we have until November 2006. Joe O'Neil, City Engineer, stated the longer this waits, the increase will be pushed out to future developers. He stated this could be brought back at a near future meeting. Mayor Alexander opened the meeting for public input. There being no response, public comments were closed. MOTION: Moved by Spagnolo, seconded by Gutierrez to approve staff's recommendation and bring the Ordinance back at a future meeting. Motion carried unanimously 5-0. I. COUNCIL BUSINESS I1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Councilmember Michael stated the State did provide some funding to the Library and that on April 15 the hours of operation will increase. He stated the Red Cross helped us through the fires of October 2003 and felt people should help them. He stated if the contract for Nathan Winograd is not on the next agenda, it is because Mr. Winograd has asked that it come back at the meeting after that. Councilmember Williams stated the Library will be open on Friday's effective April 15, which is in conjunction with National Library Week. She added that is also tax day. She stated today at SANBAG it was noted that the City would receive $954,900 for the electric bike trails. She stated Joe O'Neil has indicated this would be up and running within one year. Councilmember Gutierrez stated he would like to request communication from CALTRANS with their schedule or plan for landscaping along the 210 Freeway. He asked for this report to come back as soon as possible. He stated he would like information on the synchronization of traffic signals on City streets/thoroughfares, particularly those streets that might have been affected by recent improvements or public works projects. He mentioned the signal at Rochester where the green light only lasts about four seconds. He suggested that some of the animal shelter events, such as the pet adoption fares, be held at the Mall in the plaza area where there is a lot of pedestrian traffic. He stated he would like a report as soon as possible on what we are going to do to support different departments in the City, particularly fire, and wanted information on the City's finances. He stated the report should include what is our surplus, what is the cost of adding a fire station, what would be the cost for the pay raises for the firemen and information on the pension report and how it affects the bottom line. 12. APPROVAL OF POLICIES AND PROCEDURES GOVERNING THE SERVING OF ALCOHOLIC BEVERAGES IN THE SENIOR AND COMMUNITY CENTER AT CENTRAL PARK SEE DISCUSSION UNDER G1 FOR THIS ITEM. City Council Minutes March 16, 2005 Page 15 13. RECONSIDERATION OF APPOINTMENTS TO OMNITRANS AND SANBAG (Oral) Mayor Aiexander stated he has been asked by many people why he is not on SANBAG any longer. He stated in this particular position, there has been years of knowledge and experience in transportation, funding and construction that have paid huge dividends to this community, the City and the region in the form of completed projects. He stated there has been a history of positive relations with respected and influential members of the state and federal governments, other elected officials, as well as members of key staff. He felt we have earned a lot of respect of being a very fair and loyal voice to the community and the citizens, not only in Rancho Cucamonga, but the surrounding regions served by agencies such as SANBAG, SCAG and Metrolink. He stated there has been years of service and education that have been picked up and that it would not get made up in a month, three or six months or a year. He stated there has been countless hours walking and talking with people in various communities that are troubled or concerned to try to help them solve transportation deficiencies. He stated the position of Mayor in Rancho Cucamonga has been very honored to have chaired the SANBAG Board as well as the Metrolink agency. He stated he has chaired several committees of SANBAG including Major Projects, Regional Commuter Rail and the Administration Committee. He stated he has served on the Budget Committee for Omnitrans, as well as Personnel. He stated the Mayor of this community was a major player and advocate in planning, financing and successfully passing Measure I, which was transportation legislation that was very important to the City. He stated we have achieved a tremendous amount of respect in transportation agencies while serving on local and regional boards. He stated he has spent a lot of time on weekends, holidays and evenings with people whenever they have wanted to talk. He stated this includes other elected officials, staff, and technical committees to assure that the City was a recipient of all available improvements. He stated he has always supported his fellow Councilmembers in their expressed desire for assignments, from the League of California Cities to LAFCO. He stated he has invested volumes of time and personal sacrifice to enhance his knowledge and skills and contacts to see that the people in our City and region are the beneficiary of these efforts. He felt starting from scratch is not a service to our citizens and our community. Councilmember Spagnolo stated he came from an organization that looked at tenure and leadership with respect. He stated he respects what Councilmember Williams brings to LAFCO and stated he feels the same way about the Mayor's role on SANBAG and Omnitrans. He asked the City Council to reconsider their vote on this. Mayor Alexander opened the meeting for public input. Addressing the City Council were: John Lyons stated he does not agree with this type of politics. He encouraged the City Council to consider putting tenure back on the committee. Charlene Arizza stated she has worked for Metrolink for many years and has worked with Mayor Alexander for many years also. She talked about the Metrolink system and what has taken place while Mayor Alexander was on the Metrolink Board. She asked that Mayor Alexander be reconsidered to serve on the Board. Melanie Ingram stated she is in favor of reconsidering Mayor Alexander to serve on these committees. She felt it was predetermined and orchestrated when these appointments were recently done. She felt Mayor Alexander has had an extremely strong voice in SANBAG issues. She did not feel it is time to change horses in the middle of the stream. She felt it was in the best interest of the City to reconsider the Mayor to these committees. Leslie Grimes stated she did not see any good reason to remove the Mayor from SANBAG and Omnitrans. She asked that the City Council a~low the Mayor to remain in the positions of SANBAG and Omnitrans. Nicole Myerchin stated she has heard from the audience what Councilmember Williams did to get the Mayor off of these committees. She felt Councilmember Williams should shine above the men and asked the City Council to reconsider the appointments. She felt Councilmember Gutierrez sets an example with the students. She felt Mayor Alexander has respected the idea City Council Minutes March 16, 2005 Page 16 that Councilmember Williams wanted to be Mayor Pro Tem and voted for her. She stated that Councilmember Michael stated he likes new ideas but did not feel this should apply because the Mayor was doing a good job. She asked everyone to reconsider this. Kelly Heillig asked that the Mayor be reconsidered for these positions and felt this was a political game the way this was done. Bill McCliman felt Councilmember Williams was "one heck of a politician." He commented on the 3-2 vote on issues and compared this to Survivor. He hoped Councilmember Michael would change his vote on this. He stated even though there are not many people here, he does not hear anyone support the decision that was previously made. There being no further public input, public comments was closed. Councilmember Gutierrez stated he respects the opinions of people, but stated he sees a lot of contradictions. He felt Councilmember Williams has a lot of experience and respects that. He stated he respects the Mayor too. He stated he did not think there is an alliance amongst the Council considering he just got shot down on the alcohol issue. He stated he values differences. He felt sometimes the people speaking are strategizing. He felt the whole Council has done work to help with the improvements that have been made throughout the region. He felt it is positive to rotate the members of these Boards. He did not feel the City will be hurt by this change. Councilmember Michael stated there have been many elected officials over the years that have rotated this position. He stated he looks forward to the City Council all getting along. He stated he felt the voters in the State like term limits. He stated there was no backroom deal on this vote. He stated he made his decision based on two people stating they would like to serve on these committees. He stated this is no game to him and that he sees nothing or no reason why he should change his mind. He felt change is healthy. MOTION: Moved by Alexander, seconded by Spagnolo to reconsider Mayor Alexander for the SANBAG and Omnitrans positions. Motion failed 2-3 (Gutierrez, Michael and Williams voted no). 14. CONSIDERATION OF REQUEST BY STEVE AND JOAN KNECHT FOR EXTENSION OF TIME IN RELOCATING DOGS Councilmember Gutierrez stated the Knecht's could not be present tonight, but felt they needed time to get rid of all their dogs. He felt their request should be granted. Councilmember Williams asked if they agreed they would not breed their dogs during this extension of time. Councilmember Gutierrez stated he did not know. Councilmember Williams stated she does not have any problems with the twelve months. Councilmember Michael felt there are eight months left. He stated he cannot support this extension if they continue to breed their dogs. He felt that should be included in his motion. Councilmember Spagnolo felt he would like to see the Knecht's here to get clarification. Mayor Alexander stated he does not understand why the Knecht's cannot be here to defend themselves. He felt it was time to say they need to quit breaking the law. He read a letter received from Bobbi Cantwell (which is on file in the City Clerk's office) that could not be present at the meeting who did not feel the Knecht's should be given the extension. Mayor Alexander stated he would agree to a total of six months on the extension. City Council Minutes March16, 2005 Page 17 MOTION: Moved by Gutierrez, seconded by Alexander to grant the Knecht's six months to get rid of their dogs. Mayor Alexander opened the meeting for public input. Addressing the City Council were: A lady {did not give her name) did not agree with the six-month extension. She did not feel they would have any problem getting rid of the dogs. Nicole Myerchin stated this has been on the agenda for eight months. She stated these are not pets, they are being treated as a money making machine. She felt this is so sad. She felt this is not right for the animals. She stated Councilmember Gutierrez is working against the animals. She asked that they not be given an extension. Bill McCliman felt Councilmember Gutierrez was disrespectful. He did not feel the Knecht's should be given an extension. Leslie Grimes stated she is insulted about the previous comments made about alliances. She stated she does not feel these people should be able to breed their dogs if they are given an extension. She felt a year was a long time for an extension. She also stated she would like the City to see how Claremont handles their alcohol issues at their center. Brenda (did not give her last name) stated she does not have an alliance with anyone either. She stated she just loves her dogs. Kelly Heillig asked if the extension is granted that the dogs be spayed and neutered. Mayor Alexander stated he was withdrawing his second on the motion. Councilmember Gutierrez stated he would like to make a motion to allow them six months to get rid of their dogs, but they would not be allowed to breed their dogs. Councilmember Williams stated she would like to get a letter from them about this. James Markman, City Attorney, stated the direction to staff would be to give them three additional months from the January extension previously given, for the staff to hold up the enfomement, advising the Knecht's they have three more months with the condition that no breeding occurs. He stated if breeding does occur, enforcement would be immediate. MOTION: Moved by Gutierrez, seconded by Gutierrez to grant the Knecht's three additional months with the condition that no breeding occur, and if breeding does occur, enforcement would be immediate. Motion carried 4-1 (Alexander voted no). II J. ADJOURNMENT I Councilmember Williams stated the Restaurant Grading Ordinance was misrepresented in the newspaper, which caused misinterpretation by the community who seem to think that now in Rancho Cucamonga we do not require health inspections. She stated rather than live with that she would like this brought back at the April 6 meeting. City Council Minutes March 16, 2005 Page 18 MOTION: Moved by Michael, seconded by Alexander to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 11:02 p.m. Res~¢t~ully sul~mitted, City Clerk Approved: April 6, 2005