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HomeMy WebLinkAbout2005/05/18 - Minutes . . . May 18, 2005 CITY OF RANCHO CUCAMONGA CITY COUNCIL CLOSED SESSION MINUTES II ~I A. CALL TO ORDER The Rancho Cucamonga City Council held a closed session on Wednesday, May 18, 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. Also present were: Jack Lam, City Manager; Pamela Easter, Deputy City Manager; and James Markman, City Attorney. .., * .... * * * B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) James Markman, City Attorney stated it is requested to add an item to the agenda to discuss pending litigation consultation with legal counsel concerning Spirit of the Sage vs. City of Rancho Cucamonga (Etiwanda Creek Case). He stated the agenda had already been posted and a court decision came in after that. It is now necessary to talk to the City Council about this. MOTION: Moved by Spagnolo, seconded by Michael to add the above stated item as indicated by the City Attorney. Motion carried unanimously 5-0. * * * * * * C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) No communication was made on the closed session item. * * ... * * * II ~I D. CONDUCT OF CLOSED SESSION The closed session began at 5:35 p.m. * * * * * * E. CITY MANAGER ANNOUNCEMENTS AND REpORTS * * * * * * F. RECESS The closed session recessed at 6:35 p.m. with no action taken. * * * * '" * City Council Minutes May 18, 2005 Page 2 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES . Reqular Meetinq A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, May 18, 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 7:54 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; Larry Temple, Administrative Services Director; Dawn Haddon, Purchasing Manager; Sid Siphomsay, Information Systems Analyst; Sam Davis, Information Systems Specialist; Joe O'Neil, City Engineer; Erica Darplee, Management Analyst I; Brad Buller, City Planner; Trang Huynh, Building Official; Mark Salazar, Code Enforcement Supervisor; Dave Moore, Recreation Superintendent; Francie Palmer, Marketing Manager; Paula Pachon, Management Analyst III; Deborah Clark, Library Director; Robert Karatsu, Library Services Manager, Michelle Perera, Reference Services Coordinator; Captain Pete Ortiz, Rancho Cucamonga Police Department; Chief Peter Bryan and EMS Administrator Stephanie Rasmussen, Rancho Cucamonga Fire Protection District; Michelle Dawson, Management Analyst III; Kimberly Thomas, Management Analyst III; Shirr'l Griffin, Office Specialist II - City Clerk's Office; and Debra J. Adams, City Clerk. * * * * '" * . B. ANNOUNCEMENTSIPRESENTATIONS B1. Presentation of a Proclamation declaring May 15-21, 2005, as Emergency Medical Services (EMS) Week. The Mayor and City Council presented the Proclamation to Fire Chief Peter Bryan and EMS Administrator Stephanie Rasmussen. Chief Bryan and EMS Administrator Rasmussen told about the EMS training they were doing this week. B2. Presentation of Plaques of Appreciation to donors and sponsors of the Rancho Cucamonga Wellness Fair held April 30, 2005, at the Rancho San Antonio Medical Center. The Mayor and City Council, including Dave Moore, Recreation Superintendent, and Gina Truman, Recreation Coordinator, assisted with the presentation of the plaques. B3. Presentation of an Award for "Best Walking Cities" by the California Podiatric Medical Association, the American Podiatric Medical Association and Prevention Magazine. Dr. Jan Tepper made the presentation to the City Council. B4. Presentation of a Proclamation declaring May 15-21, 2005, as "Blue Ribbon Week" in recognition of "National Police Week 2005." The Mayor and City Council presented the Proclamation to Captain Pete Ortiz and his staff. B5. Presentation of a Proclamation declaring May 15-21, 2005, as "Public Works Week." . City Council Minutes May 18, 2005 Page 3 . The Mayor and City Council presented the Proclamation to the following: Richard Smiderle, Lead Maintenance Worker, Streets Paul Corona, Mechanic, Fleet Michael Claeys, Maintenance Worker, Facilities Anthony Vasquez, Maintenance Worker, Parks Richard Smiderle, Lead Maintenance Worker, stated on May 26, 2005 there will be a trade show at the Epicenter to display the equipment the Maintenance staff uses. B6. Presentation of Certificate of Recognition in appreciation of years of service to: Joyce Womack, Library Board, and Paula Pachon, Library Foundation. The Mayor and City Council, along with Deborah Clark, Library Director, presented the certificates to Joyce Womack and Paula Pachon and thanked them for their service. 'It"ll'lt'lt** C. PuBLIC COMMUNICATIONS II . C1. Steve Renteria, Victoria Groves, stated there was an accident near the school in his neighborhood and felt a stop sign should be installed at Victoria Park Lane and Fairmont, which would be across the street from the school. He asked that the City Council consider this and take action. He stated this is a safety issue because a child was lost in this accident and he hoped the Council wouid do the right thing. C2. John Lyons, Etiwanda, talked about the three-story apartment buildings behind the new Circuit City, which is adjacent to the Victoria Gardens Shopping Center. He felt the gateway into the City should have something better than three-story buildings. He referred to this as "apartment row." C3. Peter Bryan, Fire Chief, asked the public to program their cell phones so they have quicker access when they need emergency police or fire service. He stated the numbers are: 941-1488 for police and 983-5911 for fire. He reminded everyone that when calling from a residence, people can continue calling 911. C4. Nicole Myerchin mentioned the newspaper article today about the animal shelter. She felt the City Council should seriously consider whom they have run the animal shelter so they are not euthanizing animals. * * * * * * II D. CONSENT CALENDAR I] D1. Approval of Warrants, Check Register 4/27/05 through 5/10/05 and Payroll 4/27/05 through 5/10/05, for the total amount of $5,240,984.01. . D2. Approve to receive and file current Investment Schedule as of April 30, 2005. D3. Approval of a Public Convenience and Necessity, DRC2005-00360 - Han Maeum Market, for a Type 21 off-sale liquor license for an Asian food store in the Community Commercial District, located on the southwest corner of Foothill Boulevard and Ramona Avenue at 9849 Foothill Boulevard, Unit M - APN: 0208-301-16. City Council Minutes May 18, 2005 Page 4 RESOLUTION NO. 05-156 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE AND NECESSITY DRC2005-00360 FOR A TYPE 21 OFF-SALE LIQUOR LICENSE AND AN ASIAN FOOD STORE IN THE COMMUNITY COMMERCIAL DISTRICT ON THE SOUTHWEST CORNER OF FOOTHILL BOULEVARD AND RAMONA AVENUE, LOCATED AT 9849 FOOTHILL BOULEVARD, UNIT M; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0208-301-16 . D4. Approval of Amended Fiscal Year 2004/05 appropriations. D5. Approval to authorize the advertising of the "Notice Inviting Bids" for the FY 05/06 Local Street Pavement Rehabilitation - Overlay of Various Streets, to be funded from Acct. Nos. 1176303560/1022176 (Measure "I"), 11703035650/1022170 (Gas Tax) and 12043145650/1527204 (Community Development Block Grant). RESOLUTION NO. 05-157 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF FY 05/06 LOCAL STREET PAVEMENT REHABILITATION - OVERLAY OF VARIOUS STREETS IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D6. Approval to authorize the advertising of the "Notice Inviting Bids" for the FY 05/06 Local Street Pavement Rehabilitation - Slurry Seal of Various Streets, to be funded from Measure "I", Acct. No. 11763035650/1022176 for construction of said projects. . RESOLUTION NO. 05-158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF FY 05/06 LOCAL STREET PAVEMENT REHABILITATION - SLURRY SEAL OF VARIOUS STREETS IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D7. Approval to appropriate $15,500 from the 2003 California Law Enforcement Equipment Program (CLEEP) Grant Award Fund balance into Acct. No. 1366702-5603, for the purchase of two (2) Segway People Transporters and related equipment. D8. Approval of Parks, Recreation Facilities and Community Services Update. D9. Approval to negotiate a contract for the Rancho Cucamonga Family Sports Center Generator Enclosure, to be funded from Capital Reserve funds, Acct. NO.1 025001-5602. D10. Approval of Map located on the southeast corner of Haven Avenue and the 210 Freeway eastbound on-ramp submitted by Aim All Storage 210, LLC. RESOLUTION NO. 05-159 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NO. 16648 . . . . City Council Minutes May 18, 2005 Page 5 D11. Approval of Map, Improvement Agreement and Improvement Securities for Public Street Improvements and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Light Maintenance District Nos. 1 and 6 for Parcel Map 16487, located at the northeast corner of Red Oak Avenue and Laurel Street, submitted by Oasis Homes, Inc. RESOLUTION NO. 05-160 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 16487, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR PUBLIC STREET IMPROVEMENTS RESOLUTION NO. 05-161 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 16487 D12. Approval of Landmark Designation DRC2005-o0173 - Amanda Lopez-Castanon, to designate the Buehler House as a Designated Local Landmark, located at 9650 San Bernardino Road - APN: 0208- 131-12. Related File: Mills Act Agreement DRC2005-00179. RESOLUTION NO. 05-162 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING HISTORIC LANDMARK DRC2005-00173 DESIGNATING THE BUEHLER HOUSE A HISTORIC LANDMARK, LOCATED AT 9650 SAN BERNARDINO ROAD, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0208-131-12 D13. Approval of Mills Act Agreement DRC2005-00179 (CO 05-044) with Amanda Lopez-Castanon to implement the use of the Mills Act to reduce property tax on the Buehler House, currently applying for Historic Landmark status, iocated at 9650 San Bernardino Road - APN: 0208-131-12. Related File: Landmark Designation DRC2005-00173. D14. Approval of a Professional Services Agreement with Mathis & Associates (CO 05-045) to assist the City Council in an evaluation of the City Manager. ITEM REMOVED FOR DISCUSSION BY JOHN LYONS. D15. Approval of Improvement Agreement Extension for CUP95-25, located at the southwest corner of Foothill Boulevard and Vineyard Avenue, submitted by Sahga Group, L.P. RESOLUTION NO. 05-163 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR CUP95-25 D16. Approval of Improvement Agreement Extension for DRC2002-00519, located at the northeast corner of Foothill Boulevard and the 1-15 Freeway northbound on ramp, submitted by Fountainhead Delta, LP. City Council Minutes May 18, 2005 Page 6 RESOLUTION NO. 05-164 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR DRC2002-00519 . D17. Approval of Improvement Agreement Extension for Tract 16512, located on the northeast corner of Milliken Avenue and Church Street, submitted by KB Home Greater Los Angeles, Inc. RESOLUTION NO. 05-165 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16512 D18. Approval to release the Maintenance Guarantee Bond for DROO-60, located on the east side of Amethyst Street between La Grand Street and Lomita Drive, submitted by Northtown Housing Development Corporation. D19. Approval to release the Maintenance Guarantee Bond for DROO-67, located on the north side of 41h Street, west of Milliken Avenue, submitted by Ironwood Apartments, LLC. D20. Approval of the Faithful Performance Bond reduced for Maintenance Guarantee Bond for Tract 12659, located south of Wilson Avenue, east of Hanley Avenue (Bluegrass Avenue), submitted by Centex Homes. D21. Approval to release the Faithful Performance Bond reduced for Maintenance Guarantee Bond for Tract 12659-2, located on the southwest corner of Etiwanda Avenue and 241h Street (Wilson Avenue), submitted by Centex Homes. . D22. Approval to release the Maintenance Guarantee Bond for Tract 12659-3, located on the southwest corner of Etiwanda Avenue and 241h Street (Wilson Avenue), submitted by Centex Homes. D23. Approval to release the Faithful Performance Bond reduced for Maintenance Guarantee Bond for Tract 12659-4, located on the southwest corner of Etiwanda Avenue and 241h Street (Wilson Avenue), submitted by Centex Homes. D24. Approval to release the Maintenance Guarantee Bond for Tract 16105, located between East Avenue and the 1-15 Freeway, south of Base Line Road, submitted by K. Hovnanian Forecast Homes (formerly Rancho Cucamonga Land Co., LLC). D25. Approval to release the Maintenance Guarantee Bond for Tract 16193, located at the southwest corner of Hillside Road and Hermosa Avenue, submitted by Empire Homes II, LLC. D26. Approval to release the Faithful Performance Bond in lieu of the Maintenance Guarantee Bond for Tract 16302, located on the northeast corner of Smokestone Street and Mulberry Street, submitted by APHRC23, LLC. D28. Approval to accept Landscape Infrastructure Phase I, II & III Improvements, release the Faithful Performance Bonds, accept Maintenance Bonds and file a Notice of Completion for the Landscape Infrastructure Phase I, II & III Improvements for Rancho Etiwanda, located on both sides of Day Creek Boulevard North of the 210 Freeway, submitted by Rancho Etiwanda 685, LLC. . . . . City Council Minutes May 18, 2005 Page 7 RESOLUTION NO. 05-166 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC LANDSCAPE MAINTENANCE DISTRICT IMPROVEMENTS FOR RANCHO ETIWANDA (LANDSCAPE INFRASTRUCTURE PHASE I, II & III) AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Williams, seconded by Gutierrez to approve the staff recommendations in the staff reports contained within the Consent Calendar with the exception of item D14. Motion carried unanimously 5-0. DISCUSSION OF ITEM 014. Approval of a Professional Services Agreement with Mathis & Associates (CO 05-045) to assist the City Council in an evaluation of the City Manager. . John Lyons stated he thought it was strange that the City Attorney was asking for an evaluation of the City Manager. James Markman, City Attorney, stated the City Council wanted to get a third party, independent evaluator to do the service of evaluating the City Manager. He stated this is being brought to the City Council per the Council's direction. Mr. Lyons inquired if this would be done annually. James Markman, City Attorney, stated it is not done annually, but this City Councii wanted to do an independent evaluation. Councilmember Michael stated Rancho Cucamonga does one of the finest City Managers around, but that this is a process they are going through. MOTION: Moved by Williams, seconded by Gutierrez to approve item D14. Motion carried unanimously 5-0. * * * * * * E. CONSENT ORDINANCES E1. CONSIDERATiON OF 2ND READING OF AN ORDINANCE PROVIDING A ONE-YEAR EXTENSION TO THE TIME LIMIT ON THE EFFECTIVENESS OF THE REDEVELOPMENT PLAN AND THE TIME liMIT TO REPAY INDEBTEDNESS OR RECEIVE PROPERTY TAXES PURSUANT TO HEALTH AND SAFETY CODE SECTION 33670 ON ACCOUNT OF THE AGENCY'S FISCAL YEAR 2004-05 ERAF PAYMENT ORDINANCE NO. 742 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CERTAIN TIME LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE RANCHO REDEVELOPMENT PROJECT PURSUANT TO THE PROVISIONS OF HEALTH AND SAFETY CODE SECTION 33333.6(e)(2)(D) Debra J. Adams, City Clerk, read the title of Ordinance No. 742. MOTION: Moved by Gutierrez, seconded by Williams to waive full reading and approve Ordinance No. 742. Motion carried unanimously 5-0. City Council Minutes May 18, 2005 Page 8 ************ . MOTION: Moved by Gutierrez, seconded by Williams to discuss item 12 at this time. Motion carried unanimously 5-0. The minutes will remain in agenda order. ************ * * * * .. * F. ADVERTISED PuBLIC HEARINGS F1. APPROVAL OF A RESOLUTION REVISING FEES IN THE EXISTING COMPREHENSIVE TRANSPORTATION FEE SCHEDULED APPLICABLE TO CITYWIDE TRANSPORTATION PROJECTS TO LEVELS MANDATED BY SAN BERNARDINO COUNTY MEASURE "I", PASSED BY VOTERS ON NOVEMBER 2. 2004 A staff report and power point, which is on file in the City Clerk's office, were presented by Erica Darplee, Management Analyst I. Councilmember Williams wished there had been adjustments made along the way instead of such a large jump now. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing . was closed. RESOLUTION NO. 05-167 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO REVISE CITY-WIDE TRANSPORTATION DEVELOPMENT FEES FOR ALL DEVELOPMENTS WITHIN THE CITY OF RANCHO CUCAMONGA, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Spagnolo, seconded by Gutierrez to approve Resolution No. 05-167. Motion carried unanimously 5-0. F2. CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ADOPTING 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 Resources Manager, who stated this would be an increase of about $235 per commercial user. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. RESOLUTION NO. 05-168 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING ELECTRIC RATES, FEES AND CHARGES PURSUANT TO THE REQUIREMENTS AND AUTHORITY OF CHAPTER 3.46 OF TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE . City Council Minutes May 18, 2005 Page 9 . MOTION: Moved by Williams, seconded by Michael 10 approve Resolution No. 05-168. Motion carried unanimously 5-0. ITEMS F3, F4 AND FS WERE CONSIDERED TOGETHER. F3. CONSIDERATION TO APPROVE THE RESOLUTION FOR THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS WITHiN LANDSCAPE MAINTENANCE DISTRICTS NOS. 1. 2, 3A. 3B. 4. 5. 6.7.8.9 AND 10 FOR THE FISCAL YEAR 2005/2006: NO INCREASE OF ASSESSMENT RATE IS PROPOSED. A staff report and power point presentation, which are on file in the City Clerk's office, were given by Erica Darplee, Management Analyst I. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. RESOLUTION NO. 05-169 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO LEVY AND COLLECT ASSESSMENTS WITHIN LANDSCAPE MAiNTENANCE DISTRICTS NOS. 1, 2, 3A, 3B, 4, 5, 6, 7, 8, 9 AND 10 FOR THE FISCAL YEAR 2005/2006 PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 . MOTION: Moved by Williams, seconded by Spagnolo to approve Resolution Nos. 05-169, 05-170 and 05-171. Motion carried 4-0-1 (Michael left the room and was absent for the vote). F4. CONSIDERATION TO APPROVE THE RESOLUTION FOR THE LEVY AND COLLECTiON OF ANNUAL ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICTS NOS. 1. 2. 3. 4. 5. 6.7 AND 8 FOR FISCAL YEAR 2005/2006: NO INCREASE OF ASSESSMENT RATE IS PROPOSED. SEE DISCUSSION UNDER ITEM F3. RESOLUTION NO. 05-170 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO LEVY AND COLLECT ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICTS NOS. 1, 2, 3, 4, 5, 6, 7 AND 8 FOR THE FISCAL YEAR 2005/2006 PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 F5. CONSIDERATION TO APPROVE THE RESOLUTION FOR THE LEVY AND COLLECTION OF THE ANNUAL ASSESSMENTS WITHIN THE PARK AND RECREATION IMPROVEMENT DISTRICT (PD-85) FOR FISCAL YEAR 2005/2006: NO INCREASE OF ASSESSMENT RATE IS PROPOSED. SEE DISCUSSION UNDER ITEM F3. . RESOLUTION NO. 05-171 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO LEVY AND COLLECT ASSESSMENTS WITHIN THE PARK AND RECREATION IMPROVEMENT DISTRICT NO. PD-85 (HERITAGE AND RED HILL COMMUNiTY PARKS) FOR THE FISCAL YEAR 2005/2006 PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 City Council Minutes May 18, 2005 Page 10 * * * * * * . G. PuBLIC HEARINGS No items submitted. * * * .. 1< * H. CITY MANAGER'S STAFF REpORTS H1. CONSIDERATION TO AWARD AND AUTHORIZE THE EXECUTION OF A CONTRACT BETWEEN THE CITY OF RANCHO CUCAMONGA AND ACCELA. INCORPORATED (CO 05-046) FOR $83,034.35 AND TELE-WORKS. INCORPORATED (CO 05-047) IN THE AMOUNT OF $67.045.00 FOR THE PURCHASE OF AN INTER-ACTIVE VOICE RESPONSE SOFTWARE AND HARDWARE SYSTEM. TO BE FUNDED FROM THE COMMUNITY DEVELOPMENT TECHNICAL SERVICES FUND A staff report was presented by Trang Huynh, Building Official. MOTION: Moved by Williams, seconded by Michael to approve CO 05-046. Motion carried unanimously 5-0. H2. UPDATE ON LOCAL STREET PAVEMENT REHABILITATION PROGRAM (Oral) A staff report and power point presentation, which is on file in the City Clerk's office, were given by Erica Darplee, Management Analyst I. . ACTION: Report received and filed. * * * * * * I. COUNCIL BUSINESS 11. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council member.) Councilmember Michael stated he does not see the issue of fire response times as very controversial. He stated the northwest portion of the Cily has another station planned for that area of the City. He stated the strategic plan is being worked on by the Fire Chief, which will answer some of these questions. He hoped the public will bear with the City while the study is being done. He stated this Saturday is the opening of Central Park. Councilmember Williams wanted to thank the coaches from many of the schools in Rancho Cucamonga for assisting with the Rotary Club's track meet. She felt the teachers of the schools should also be lhanked for their work. She stated she went to Sacramento last week to meet with legislators on issues concerning the City. Councilmember Spagnolo stated he wished we had all the answers to the public safety concerns, but knew that the Fire Chief is working hard on the strategic plan. He fell all public safety employees should be supported. He stated on June 4th, lhe Ron Ives Bicycle Rodeo will be held at the Epicenter, which will educate the public about bicycle safety. He stated the Fire Department will be having a car show on June . 26th at Red Hill Park. He also commented on the opening of the Senior Center at Central Park this Saturday. City Council Minutes May 18, 2005 Page 11 . Councilmember Gutierrez stated he will be at the Relay for Life event at Los Osos High School this Saturday before attending the Central Park dedication. He wished the Announcement/Presentations could be done earlier in the day or another night and possibly televised. He stated on 19th Street as it goes east, and at Fairmont where it ends, there are barricades and felt something permanent needs to be done. He stated Tyler Dickinson was killed last week by a truck and that the neighborhood wants to look at this issue. He asked that the meeting be adjourned in his name. He did not think the accident was the driver' fault. He felt speed in the City also needs to be looked at because of the accidents it is causing. He stated there are a lot of streetlights that are out throughout the City and felt this needs to be addressed. He also commented he is waiting for the restaurant rating meeting to occur in order to work wilh some of the restaurants. 12. UPDATE REGARDING DEVELOPMENT OF FOUR SINGLE FAMILY HOMES ON THE WEST SIDE OF KLUSMAN AVENUE. NORTH OF DIAMOND AVENUE - Development Review DRC2003-00015 - Carney. (CONTINUED FROM MAY 4, 2005) A staff report was presented by Brad Buller, Cily Planner Mayor Alexander opened the meeting for public comment. Addressing the Cily Council were: A lady, did nol identify herself, asked if there has been any resolulion because she slated there is a west-facing window and that all of her privacy is gone because the window is not obscured. She felt the window should be obscured and not operable. Mitch Ochio talked about the homes that were buill thai look down into their yards and homes. He stated there were trees that were removed which the developer slated would not be removed. . Cheryl Ochio stated she has a view of the fourth house on the end. She stated she went into the homes with Brad Buller. Mayor Alexander and Councilmember Spagnolo and stated you can see right into her yard and home. She stated it was her understanding that every west-facing window would be tiptoe or obscured, and stated they are not. She felt like she has been led astray and is disappointed about the window that faces west. She stated it had been designed with enhanced landscaping and archilectural changes which was to help this problem. She felt the developer should change out the windows on the last house so you cannot look into the homes of the people below. Mayor Alexander suggested that this be worked out with two Cily Councilmembers, Building Official Trang Huynh, and City Planner Brad Buller to come to an understanding about this. Councilmember Michael stated he agreed and fell the developer should be part of the meeting also. Mayor Alexander stated he did not feel the developer should be punished any more in order to correct this. The Council concurred that Mayor Alexander and Councilmember Gutierrez would be the members for the Ad Hoc Subcommittee to work on this issue. Mayor Alexander felt the City was trying to help lhese people by having this special Ad Hoc Subcommittee to resolve this matter. . Joel Cascadden. Developer of the new homes, stated he would like to be part of any meeting. He stated he has problems with changing out any windows as suggested by Councilmember Gutierrez. He added this would be very costly to do this. He stated the fourth house was never mentioned in any previous meetings. He stated to bring these windows into question at this point is unfair. He stated he is willing to talk about additional landscaping. Councilmember Gutierrez stated he has nothing against the developer. but is concerned about the view looking inlo the homes below this project. City Council Minutes May 18, 2005 Page 12 MOTION: Moved by Alexander, seconded by Williams to organize an Ad Hoc Subcommittee of Mayor . Alexander and Councilmember Gutierrez to meet with the residents and developer to find a resolution to this matter. Councilmember Williams asked about the trees that were removed and wanted to make sure they had a permit. Brad Buller, City Planner, stated yes they did have a permit. Motion carried unanimously 5-0. 13. CONSIDERATION OF TERMINATION OF CONTRACTS WITH THE COUNTY OF SAN BERNARDINO FOR ANIMAL CARE AND CONTROL SERVICES (CO 96-047) AND ANIMAL SHELTER SERVICES (CO 96-048) AND DISCUSSION OF OPTIONS FOR ALTERNATIVE SERVICE PROVIDERS A staff report and power point presentation, which is on file in the City Clerk's office, were given by Michelle Dawson, Management Analyst III. James Markman, City Attorney, informed the Council the provider can terminate the contract with a 30- day notice. He stated it would better if the City sits down wilh the County and work out the transition Jack Lam, City Manager, stated the City has had this experience before when it was done with the Library. He informed the Council of the process that occurred. He slaled this would have to be done in an ordinary, systematic fashion with lhe assistance of Mr. Winograd. Mayor Alexander felt this is different than the Library transilion. He hoped this could be done as quickly as possible. . Councilmember Michael stated he is concerned that the transition is handled properly. He hoped that Nathan Winograd can heip with this. He stated he is excited about a change for the shelter so it is a "no kill" shelter and that it is a City run facility. He stressed again that he felt it should be well-planned. Councilmember Williams stated she agreed. She felt the fault for these problems is on the City and felt the contract should have been looked at closer. She felt the City should sit down with the County and that it is up to the City to get what we want. She felt the City should listen to Mr. Winograd and wait for his recommendation. Councilmember Spagnolo stated he would like the City to hire a Manager/Director to work with Mr. Winograd. He felt this should be looked at very carefully. Councilmember Williams stated when the Library transition started, someone was hired to develop the plan. Councilmember Gutierrez asked what this entire transition would cost. Michelle Dawson, Management Analyst III, stated she did not know, but that Mr. Winograd has been asked 10 include this in his report. Councilmember Gutierrez felt it would be irresponsible to do this not knowing the cost to do the transition. He hoped that volunteers could help with the transition. Mayor Alexander opened the meeting for public input. Addressing the Cily Council were: John Lyons felt the shelter should be taken over right away by hiring a Director and using volunteers. He felt possibly the cost of this should go to the voters. He stated he would like to see it go oul to bid for animal control services. He stated the cost does have to be looked at. . City Council Minutes May 18, 2005 Page 13 . Nicole Myerchin felt by having a "no kill" shelter would help to generate revenue. She stated they are asking both contracts with the County to be terminated and for the termination to be done within one year. She stated she hoped updates could be given at each meeting how this is progressing. She did not feel the County staff should be kept and that it should be a whole new transilion. She stated it is important that this be completed within one year and thai it is a "no kill" shelter. Susan McGuire slated she has fostered 44 animals and will continue with this. She asked for the City Council's assistance at the shelter. A lady, (did not identify herself), stated she fosters animals. She felt the contract should be pulled and that a Director be hired. Julie Yost, Upland, asked that the City Council be open to a City run shelter. She felt Mr. Winograd can help the City through this. She stated she would be happy to volunteer. A man, (did not identify himself), felt this issue should come to an end and felt the City should get started. Jenna Bell, a volunteer for Cats in Need, felt it was important to have a Director during the transition. She felt both County contracts should be terminated and that it should be a Cily run shelter. Bill McCliman did not understand how the contract can go for another year. He felt the contract should be terminated today and have Upland run the shelter until we can start our own. . Councilmember Spagnolo slated we have a proposal from Mr. Winograd and felt it should be accepted. He stated he would like to make that motion because it contains everything that is needed and would like to also hire a Director. Mayor Alexander stated he does not understand the County's attitude with this issue. He slated he would like to add to the motion that we shoot for a period not to exceed nine months. He felt the City is not receiving the service from the County that is in the contract. James Markman, Cily Attorney, stated the City can approve the termination of the contracts, and then bring back an amendment to Mr. Winograd's contract at the next meeting. Councilmember Michael felt getting someone on board is a first step for this transition. He felt there should be a complaint proceeding like every other department has to try to resolve problems. He felt no less than nine months was needed for the transition. James Markman, City Attorney stated the contract termination period with the County can always be extended if it needs to be. Councilmember Michael stated he would like to see the transition plan negotiated. MOTION: Moved by Alexander, seconded by Michael to direct staff to terminate the County contracts by January 31,2006 at the close of business and to negotiate the transition. Council member Michael stated he is also concerned about dog bite issues, vicious dogs, etc. He asked how this would be taken care of. He asked if we should transition lhe shelter and animal control at the same time. . Councilmember Williams felt this should all come under one department and should be done in tandem. Motion carried unanimously 5-0. City Council Minutes May 18, 2005 Page 14 James Markman, City Attorney, stated for clarity the Council has just instructed the City Manager to give . the County notice of termination on both contracts effective January 31, 2006 and instruct the City to negotiate an orderly transilion of the services. Councilmember Williams felt what we expect from the County needs to be in writing as it relates to the transition process. ****** II J. ADJOURNMENT 'I MOTION: Moved by Gutierrez, seconded by Michael to adjourn in the memory of Tyler Dickinson. Motion carried unanimously 5-0. The meeting adjourned at 11 :08 p.m. Respectfully submitted, Approved: June 15, 2005 . .