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HomeMy WebLinkAbout2006/03/15 - Minutes March 15, 2006 CITY OF RANCHO CUCAMONGA CITY COUNCil MINUTES Reoular Meetino ~ A. CALL TO ORDER ~I A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, March 15, 2006, 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 7:09 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; Pamela Easter, Deputy City Manager; James Markman, City Attorney; Linda D. Daniels, Redevelopment Director; James C. Frost, City Treasurer; larry Temple, Administrative Services Director; Manuel Pilonieta, IS Manager; Charles Scott, Sr. Information Systems Specialist; Sid Siphomsay, Information Systems Analyst; Dawn Haddon, Purchasing Manager; Joe O'Neil, City Engineer; Mike TenEyck, Administrative Resource Manager; Dan Coleman, Acting City Planner; Tom Grahn, Associate Pianner; Trang Huynh, Building Official; Kevin McArdle, Community Services Director; Paula Pachon, Management Analyst III; Daniel Schneider, Community Services Supervisor; Deborah Clark, Library Director; Captain Pete Ortiz, Rancho Cucamonga Police Department; Chief Peter Bryan, Rancho Cucamonga Fire Protection District; Shirr'1 Griffin, Office Specialist II - City Clerk's Office; and Debra J. Adams, City Clerk. ****** II B. ANNOUNCEMENTS/PRESENTATIONS II B1. Presentation of a Prociamation designating March as Red Cross Month. Mayor Alexander stated representatives from the Red Cross are not present tonight, but there is a proclamation recognizing March as Red Cross Month * .. * * * * II C. PUBLIC COMMUNICATIONS II C1. John lyons asked if the item Councilmember Gutierrez put on the agenda for Mr. lacy would be opened for public comment. He mentioned openehighlandavenue.com website. He stated you can get on the website and fill out a survey. He stated it is a full blown campaign with efforts to open up Highland. He stated by opening this it will make things safer for the high school students as well as the senior citizens. He wondered who would pay for the landscaping if it does remain closed. He hoped the Councii will reopen this, He stated our hearts and prayers go out to the lewis family for the loss of Goldie lewis. C2. Pamela Easter, Deputy City Manager, commented on "Operation Pet Project" to occur at Central Park on March 29th as they prepare for the shelter opening. She commended Kelly Heilig for her enthusiasm for this event. She also thanked staff that have also been involved in the preparation of this event. City Council Minutes March 15, 2006 Page 2 C3. Jim Peugh encouraged the Mayor to enforce order and decorum at the meetings. He wanted to point out that 80% of the fire calls are E~S and not fire related. He mentioned that a private contractor responds to these calls with the fire department. He wanted the Council to think that it is the response time that is important to the victim. He suggested there might be more efficient ways to dispatch services when there is an emergency. C4. Jeff Noll wanted to thank everyone for listening to their concerns they have had in the past regarding the closure of Highland. He stated they wanted to talk about the Austin Faust Traffic Study. He asked that Mr. Faust's payment be withheld because of the poor quality of the study he conducted. He continued to talk about the incorrect information in the study and the way it was conducted. C5. Alan Hostetter continued commenting about the Austin Faust Traffic Study. He talked about the conclusions of the study, the point made by Mr. Faust that the City can "legally" have Highland open. He did not feel Mr. Faust was qualified to give legal advice. He did not think the Council could consciously keep it closed. He continued to talk about the flaws in the study completed by Mr. Faust. He recommended the Council not allow Mr. Faust to continue any further with this project. He felt the Council should keep Mr. Faust away from Rancho Cucamonga. He felt the only solution to this was to keep Highland permanent closed. C6. Nicole Myerchin extended her condolences to a friend of hers who lost his wife and the Mother of his children. She commented on a meeting she had with City staff regarding the shelter. She stated she has concerns about the construction going on at the shelter. She questioned the space being allocated for offices. She asked the Council to do this right the first time. She felt we need a surgery location at the shelter. She stated she was concerned this didn't go out to bid, and that it was awarded to an architect without going through this process. She asked the Council to look into these concerns so staff does not have to come back to the Council to ask for more funds in the future. C7. Donna Martin stated she was running for Mrs. California and representing Rancho Cucamonga. She stated she hopes to bring one home for Rancho. C8. Chris Fenner commented about the wall that is absent along the freeway to protect people from going down onto Highland. He felt it was only a matter of time before another accident happens again. He felt it was up to the City to protect the residents. He felt the cost of a wall would be less money than any liability that might occur from an accident. Joe O'Neil, City Engineer, stated a few meetings ago a man approached the Council about this same issue. He stated the next day he wrote a letter to Caltrans to construct a wall for more protection along this area. He stated today he got a letter from Caltrans stating they will install 1200 feet of guardrail along this area. C9. A man who did not identify himself, stated Mr. O'Neil's comments are very positive, but hoped it wouldn't preclude the Council from pursuing the type of wall that is really needed in this area. He asked the Council to continue fighting for more to make it even safer. C10. Bryan Brock, lives near the Highland area, commented on Joe O'Neil, City Engineer's, statement about the guardrail. He stated he hoped the Council will keep pushing for a wall. He felt this needed to be corrected and done right with a wall. C11. Maria Roque stated she wanted to talk to the Council about securing a sound wall for this area. She felt this is needed for the safety of people because she did not think a guardrail would keep a big rig from going through there. She asked the Council to think of the people living in this area to keep them safe. * * * * * * City Council Minutes March 15, 2006 Page 3 D. CONSENT CALENDAR 01. Approval of Minutes: February 15, 2006 February 27,2006 D2. Approval of Check Register dated February 22 through March 7, 2006, and Payroll ending March 7, 2006, for the total amount of $4,683,448.96. D3. Approval to authorize the advertising of the "Notice Inviting Bids" for the Construction of Milliken Avenue Pavement Rehabilitation from 4'n Street to 6th Street, to be funded from Accl. No. 1124303- 5650/1467124-0 (Transportation Funds). RESOLUTION NO. 06-065 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "MILLIKEN AVENUE PAVEMENT REHABILITATION FROM 4TH STREET TO 6TH STREET" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 04. Approval to authorize the advertising of the "Notice Inviting Bids" for the Citywide Installation of Emergency Vehicle Preemption, to be funded from Accl. No. 1025001-5650/1507025-0, Capital Reserve. REMOVED FOR DISCUSSION BY COUNCILMEMBERS WILLIAMS AND MICHAEL. RESOLUTION NO. 06.066 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING SPECIFICATIONS FOR THE CITYWIDE INSTAllATION OF EMERGENCY VEHICLE PREEMPTION IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D5. Approval to accept grant revenue in the amount of $44,520 awarded by the State of California Office of Traffic Safety into Accl. No. 1231000-4740 (Grant Income) and authorization to appropriate $39,720 into Accl. No. 1231303-5200 (Operations and Maintenance) and $4,800 into Accl. No. 1231303-5100 (Travel and Meetings) for the acquisition of countdown pedestrian signals. REMOVED FOR DISCUSSION BY COUNCILMEMBERS WilLIAMS AND MICHAEL. 06. Approval of an appropriation of $25,000 to Accl. No. 1614303-5650/1442614-0 from Community Facilities District 2003-01 (Fund 614) fund balance to be used for legal services for right-of-way acquisition. 07. Approval to appropriate the remaining $251,690 of Public Library Bond Act Funds designated for furniture, fixtures and equipment into Fund 310 for items to be purchased for the Victoria Gardens Cultural Center Library, and authorize the related appropriations into the appropriate account numbers to be determined by staff. 08. Approval of the Resolutions approving and confirming the Engineer's report and setting of public hearing for May 17, 2006, to levy the annual assessments for Fiscal Year 2006/2007 for landscape Maintenance District Nos. 1, 2, 3A, 3B, 4, 5, 6, 7, 8, 9 and 10. No increase of assessment rate is proposed. City Council Minutes March 15,2006 Page 4 RESOLUTION NO. 06-067 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. 06-068 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 2006/2007 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND OFFERING A TIME AND PALCE FOR HEARING OBJECTIONS THERETO D9. Approving of the Resolutions approving and confirming the Engineer's report and setting of public hearing for May 17, 2006, to levy the annual assessments for Fiscal Year 2006/2007 for Street lighting Maintenance District Nos. 1,2,3,4,5,6, 7 and 8. No increase of assessment rate is proposed. RESOLUTION NO. 06-069 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 REATE PROPOSED. RESOLUTION NO. 06-070 A RESOLUTION OF THE CITY COUNCil OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO lEVY AND COllECT ASSESSMENTS WITHIN STREET LIGHTING MAITNENANCE DISTRICT NOS. 1, 2, 3, 4, 5, 6, 7 AND 8 FOR THE FISCAL YEAR 2006/2007 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO D10. Approval of the Resolutions approving and confirming the Engineer's reports and setting of public hearing for May 17, 2006, to levy the annual assessments for Fiscal Year 2006/2007 for the Park and Recreation Improvement District (PD-85). No increase of assessment rate is proposed. RESOLUTION NO. 06-071 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 IMPROVEMENT DISTRICT (PD-85). NO INCREASE OF ASSESSMENT REATE PROPOSED. City Council Minutes March 15, 2006 Page 5 RESOLUTION NO. 06-072 A RESOLUTION OF THE CITY COUNCil OF THE CITY OF RANCHO ~UCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO lEVY AND COllECT ASSESSMENTS WITHIN PARK AND RECREATION IMPROVEMENT DISTRICT (PD-85) FOR THE FISCAL YEAR 2006/2007 PURSUANT TO THE lANDSCAPING AND LIGHTING ACT OF 1972; AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO D11. Approval of the Annexation to landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for 10915 Hillside Road, located on the south side of Hillside Road, west of Canistel Avenue, submitted by Jeffrey J. and Dolores Watson. RESOLUTION NO. 06-073 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAITNENANCE DISTRICT NO. 1 AND STREET LIGHTING MAITNENANCE DISTRICT NOS. 1 AND 2 FOR 10915 HillSIDE ROAD (APN: 1074-441-15) 012. Approval of the Parks, Recreation Facilities and Community Services Update. 013. Approval of a Resolution of the City of Rancho Cucamonga to quitclaim to the Rancho Cucamonga Fire Protection District all of its right, title and interest to certain real property commonly known as Jersey Fire Station #174 and Maintenance Facility, located at 11297 Jersey Boulevard; including the termination of an existing lease between the City of Rancho Cucamonga, as lessor, and the Rancho Cucamonga Fire Protection District, as lessee; obtain a license from the Rancho Cucamonga Fire Protection District for the use of an approximately 480-square foot wood shop located within such property; and acceptance by the Rancho Cucamonga Fire Protection District of the transfer of title. RESOLUTION NO. 06-074 A RESOLUTION OF THE CITY COUNCil OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE TRANSFER AND TERMINATION OF ALL EXISTING INTERESTS IN THE PROPERTY COMMONLY KNOWN AS JERSEY FIRE STATION NO. 174 AND MAINTENANCE FACILITY SUBJECT TO A LICENSE FOR THE USE OF THE WOOD SHOP WITHIN SUCH PROPERTY 014. Approval of a Resolution of the City of Rancho Cucamonga to quitclaim to the Rancho Cucamonga Fire Protection District all of its right, title and interest to certain real property commonly known as Banyan Fire Station #175, located at 11108 Banyan Street; including the termination of an existing lease between the City of Rancho Cucamonga, as lessor, and the Rancho Cucamonga Fire Protection District, as lessee; and acceptance by the Rancho Cucamonga Fire Protection District of the transfer of tille. RESOLUTION NO, 06-075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE TRANSFER AND TERMINATION OF All EXISTING INTERESTS IN THE PROPERTY COMMONLY KNOWN AS BANYAN FIRE STATION NO. 175 City Council Minutes March 15, 2006 Page 6 D15. Approval of Improvement Agreement, Improvement Security and Ordering the Annexation to Street lighting Maintenance District Nos. 1 and 6 for DRC2005-001 09, located on the southeast corner of Arrow Route and Haven Avenue, submitted by GAPPCO, llC. RESOLUTION NO. 06-076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGAREEMENT AND IMPROVEMENT SECURITY FOR DRC2005. 00109 RESOLUTION NO. 06-077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DRC2005-00109 D16. Approval of Map, Improvement Agreement, Improvement Security Cash Deposit for Public Street Improvements, and 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 16488, located on the north side of Laurel Street, between Red Oak Street and Aspen Avenue, submitted by Oasis Homes, Inc. RESOLUTION NO. 06-078 \ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 16488, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY CASH DEPOSIT FOR PUBLIC STREET IMPROVEMENTS AND MONUMENTATION CASH DEPOSIT RESOLUTION NO. 06-079 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 SUBTPM 16488 D17. Approval of Improvement Agreement and Improvement Security for Tract No, 16512, located on the north side of Church Street and east of Milliken Avenue, submitted by KB Home Greater los Angeles, Inc. RESOLUTION NO. 06-080 A RESOLUTION OF THE CITY COUNCil OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RELATED TO CHURCH STREET MEDIAN ISLAND lANDSCAPING FOR TRACT NO. 16512 D18. Approval of a contract between the City of Rancho Cucamonga and the County of San Bernardino (CO 06.021) for the provision of Senior Transportation Services for homebound senior citizens and to accept the grant revenue in the amount of $500,000 into Ace!. No. 1271000-4740, and appropriate funding the in the amount of $500,000 into Ace!. No. 1271401-5300, REMOVED FOR DISCUSSION BY COUNCllMEMBERS WilLIAMS AND MICHAEL. City Council Minutes March 15, 2006 Page 7 019. Approval to accept bids received and award and authorize the execution of the contract in the amount of $185,000.00 to the lowest responsible bidder, Southern California Landscape, Inc. (CO 06- 022), and authorize the expenditure of a 10% contingency in the amount of $18,500.00 for the Fisher Drive landscape Improvements, to be funded from Developer Trust funds, Accl. No. 1882000-2314, and appropriate an additional amount of $5,000.00 for construction soils! materials testing to Accl. No. 1882000-2314 from Developer Trust fund balance. 020. Approval to award a contract to INX, Inc., to provide computer network equipment and maintenance for the Victoria Gardens Cultural Center, utilizing a current competitively bid WSCA Contract, No. AR1478, in the total amount of $98,713 ($94,012 plus a 5% contingency of $4,701), to be funded by the 2001 Tax Aliocation Bond Fund (Fund 650) and the Public library Bond Act Fund (Fund 310), and authorize the related appropriations into the appropriate account numbers to be determined by staff. 021. Approval of a Resolution and an Amendment to a Cooperative Agreement, No. 8-1267 (CO 05- 083), between the City of Rancho Cucamonga and the State of California for the improvement of the northbound 1.15 Freeway on-ramp at Foothill Boulevard. RESOLUTION NO. 06-081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN AMENDMENT TO COOPERATIVE AGREEMENT NO. 8-1267 BETWEEN THE CITY AND THE STATE OF CALIFORNIA 022. Approval to release Faithful Performance Bond that was held in lieu of a Maintenance Bond for Tract 14875, located at the southeast corner of Archibald Avenue and Church Street, submitted by Ambling West, llC. 023. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Com~ietion for improvements for Parcel Map 16282, located on the northeast corner of Miliiken Avenue and 4 h Street, submitted by Marketplace Covina, loP. RESOLUTION NO. 06-082 A RESOLUTION OF THE CITY COUNCil OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 16282 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 024. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for improvements for Tract 16512, located on the northeast corner of Miliiken Avenue and Church Street, submitted by KB Home Greater Los Angeles, Inc. RESOLUTION NO. 06-083 A RESOlUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16512 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D25. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance bond, and file a Notice of Compietion for improvements for Tract 16542, located at 6717 East Avenue, north of Victoria Street, submitted by J.T. Storm Development No.2, llC City Council Minutes March 15, 2006 Page 8 RESOLUTION NO. 06-084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16542 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D26. Approval to release the lake Pump Equipment Vault at Red Hill Community Park, Contract No. 05- 049, 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 $127,555.13. RESOLUTION NO. 06-085 A RESOLUTION OF THE CITY COUNCil OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE lAKE PUMP EQUIPMENT VAULT AT RED Hill COMMUNITY PARK, CONTRACT NO. 05-049, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D27. Approval to release Faithful Performance Bond No. 220421 In the amount of $294,889.00 for the Rochester Avenue, north of Highland Avenue and Haven Avenue, north of 19th Street, landscaping Project, Contract No. 04-077. D28. Approval to release Faithful Performance Bond No. 6161457 in the amount of $87,342.50 for the Highland Avenue landscape Improvements, east of Day Creek Boulevard, Contract No. 04-160. D29. Approval to release Maintenance Guarantee Bond for DRC2002-00292 (PM 16044), located on the southeast corner of White Oak Avenue and Arrow Route, submitted by Capellino and Associates. D30. Approval to release Maintenance Guarantee Bond for DRC2002-00306, located on the north side of Alta loma Drive, approximately 300 feet west of Haven Avenue, submitted by Glenwood Development. D31. Approval to release Maintenance Guarantee Bond for DRC2002-00606, located on the west side of A f th th. Hermosa venue, south 0 8 Street and north of 7 Street, submitted by Hermosa 2 PI, llC. D32. Approval to release Maintenance Guarantee Cash Deposit for DRC2003-00072, located on the east side of Archibald Avenue between 4th and 6th Streets, submitted by CAlWEST Industrial Properties. D33. Approval to release Maintenance Guarantee letter of Credit for DRCDROO-41, located on the south side of 6th Street, west of Haven, submitted by Cabot Industrial Properties, l.P. D34. Approval to release Maintenance Guarantee Bond 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. D35. Approval to release Maintenance Guarantee Bonds for Tract 16263, located on the southeast corner of Base line Road and Ellena West, submitted by KB Home Greater los Angeles, Inc. D36. Approval to release Maintenance Guarantee Bond for Tract 16264, located on the south side of Mountain View Drive between Milliken Avenue and Terra Vista Parkway, submitted by KB Home Greater los Angeles. MOTION: Moved by Michael, seconded by Alexander to approve the staff recommendations in the staff reports contained within the Consent Calendar with the exception of items 4, 5 and 18. Motion carried unanimously 5-0. City Council Minutes March 15,2006 Page 9 Discussion of item D4. Approval to authorize the advertising of the "Notice Inviting Bids" for the Citywide Installation of Emergency Vehicle Preemption, to be funded from Accl. No. 1025001- 5650/1507025-0, Capital Reserve. Council member Michael stated the City has budgeted about $700,000 to retrofit all of the signals so they have the vehicle preemption control devices in order to approve response time. Discussion of item 05. Approval to accept grant revenue in the amount of $44,520 awarded by the State of California Office of Traffic Safety into Accl. No. 1231000-4740 (Grant Income) and authorization to appropriate $39,720 into Accl. No. 1231303-5200 (Operations and Maintenance) and $4,800 into Accl. No. 1231303-5100 (Travel and Meetings) for the acquisition of countdown pedestrian signals. ' Councilmember Michael stated item 05 follows along with pedestrian safety and suggested to the City Engineer that the pedestrian countdown signals that will be installed will include those that are adjacent to or close to some of the senior citizen complexes. Councilmember Williams asked how those intersections will be chosen and have sound. Joe O'Neil, City Engineer, stated there have been a couple of intersections where blind people have made the request for sound and they will be put in at that location. He added they wait for a request to determine where they are needed. She felt it might be proactive to go ahead and put in the sound where seniors are using them. Joe O'Neil, City Engineer, stated this could be looked at, but added the Grant does not cover this. Discussion of item 018. Approval of a contract between the City of Rancho Cucamonga and the County of San Bernardino (CO 06-021) for the provision of Senior Transportation Services for homebound senior citizens and to accept the grant revenue in the amount of $500,000 into Accl. No. 1271000-4740, and appropriate funding the in the amount of $500,000 into Accl. No. 1271401- 5300. Councilmember Michael wanted the community to be aware that senior transportation is an issue that this Council has been dealing with for many years. He stated Supervisor Biane gave $500,000 of County funds to the City to be utilized for senior transportation services. He stated the Community Services Department has completed a 2,000 piece mail out regarding senior citizen transportation needs. This will tell the City what the important needs are for them. He stated then the City will be able to determine how this money will exactly be spent for the senior transportation needs. MOTION: Moved by Michael, seconded by Williams to approve the staff recommendations in items D4, D5 and D18. Motion carried unanimously 5-0. .. * * .. .. * II E. CONSENT ORDINANCES II E1. CONSIDERATION OF DEVELOPMENT DISTRICT AMENDMENT DRC2004-00270 _ lEWIS INVESTMENT COMPANY - A request to change the zoning designation from Community Commercial to Medium Residential (8-14 dwelling units per acre) within the Foothill Boulevard Districts on 9.68 acres on the north side of Foothill Boulevard, east of Etiwanda Avenue. APN: 1100-161-04. Related files: Development Review DRC2004-00268, General Plan Amendment DRC2004-00269, Tentative Tract Map SUBTT16882. City Council Minutes March 15, 2006 Page 10 ORDINANCE NO. 755 (second reading) AN ORDINANCE OF THE CITY COUNCil OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT DRC2004-00270, A REQUEST TO AMEND THE DEVELOPMENT DISTRICT MAP FROM COMMUNITY COMMERCIAL TO MEDIUM RESIDENTIAL (8-14 DWELLING UNITS PER ACRE) WITHIN THE FOOTHill BOULEVARD DISTRICTS FOR 9.68 ACRES, lOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD EAST OF ETIWANDA, AND MAKING FINDINGS IN SUPPORTTHEREOF-APN: 1100-161-04 E2. CONSIDERATION OF SECOND READING OF AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA AMENDING REGULATIONS APPLICABLE TO THE ISSUANCE OF MASSAGE PERMITS. BRINGING CITY ORDINANCE INTO COMPLIANCE WITH NEW STATE lEGISLATION ORDINANCE NO. 756 (second reading) AN ORDINANCE OF THE CITY COUNCil OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING REGULATIONS APPLICABLE TO THE ISSUANCE OF MASSAGE PERMITS Debra J. Adams, City Clerk, read the titles of Ordinance Nos. 755 and 756. MOTION: Moved by Williams, seconded by Spagnolo to waive full reading and approve Ordinance No. 755 and 756. Motion carried unanimously 5-0. * * * * *. F. ADVERTISED PUBLIC HEARINGS F1. CONSIDERATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT DRAFT FUNDING ALLOCATIONS FOR FISCAL YEAR 2006-2007 - A review of the federally-required Annual Action Plan, which includes the preliminary selection of CDBG projects, based on a new grant allocation of $1,034,606. A staff report was presented by Tom Grahn, Associate Planner. Councilmember Gutierrez asked if there is anyone that received money last year that will not get any money this year. Tom Grahn, Associate Planner, stated no. Councilmember Williams stated every year this is a difficult task so that everyone gets something, and she complimented Tom Grahn on his work. She mentioned in Washington D.C. there is talk about completely eliminating CDBG funding and encouraged people to contact their legislators about the importance of this program. Tom Grahn, Associate Planner, stated it would be a disappointment to completely eliminate this. Mayor Alexander opened the meeting for public hearing. Addressing the Council were: Diane Case for Project Sister, told about their organization and what they do. She asked the Council to approve their request for funding. City Council Minutes March 15, 2006 Page 11 Olen Jones representing HOPE through Housing Foundation, thanked the City for their partnership. He complimented Tom Grahn for his work and hoped to continue the relationship with the City. Greg Alvarado, Old Timers Foundation, told about their organization and its success. He thanked the Council for their continued support of their program. Dianna Lee, YMCA, thanked the Council for their continued support of their" programs. She told about the services they provide to the community. There being no further input, the public hearing was closed. MOTION: Moved by Williams, seconded by Michael to approve staff's recommendation. Motion carried 5-0. 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 Resources Manager. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. RESOLUTION NO. 06-086 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, 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 MOTION: Moved by Michael, seconded by Williams to approve Resolution No. 06-086. Motion carried unanimously 5-0. ****** G. PUBLIC HEARINGS No Items Submitted. ****** II H. CITY MANAGER'S STAFF REpORTS II H1. 2006 DISTINGUISHED PROJECT AWARD - CITY POLICE BUilDING ADDITION (Oral Report) Trang Huynh, Building Official, told about the award they received from the Western Council of Construction Consumers for the police building addition. He stated it involved a lot of effort between Police, Fire, Engineering, Purchasing, Facilities and the IS Department. ACTION: Report received and filed. City Council Minutes March 15,2006 Page 12 H2. RANCHO CUCAMONGA TELEPHONE AND ON-LINE PERMIT SYSTEM (RCTOPS) (Oral Report) Trang Huynh, Building Official, told about their new program, and introduced Manuel Pilonieta, Information Systems Manager, who continued with the presentation by displaying a power point, which is on file in the City Clerks office. ACTION: Report received and filed. * * * * * * II I. COUNCIL BUSINESS II 11. COUNCil ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Mayor Alexander stated the issue that was to be brought back about expanding the senior wellness room will come back at a later date because of options being explored. Councilmember Michael mentioned the award Trang Huynh, Building Official, just addressed the Council about. He mentioned the Vagos Motorcycle Gang arrests, and that added it was run through Rancho Cucamonga's Emergency Operations Center (EOC). He commended Fire Chief Peter Bryan and the IS staff for the great op~.ration they have deveioped. He commented on the Job Fair held today at the community center and the great event it was. He also commented on the Wellness Fair recently hosted by Supervisor Biane and Assemblyman Emerson Councilmember Williams also commented on the Wellness Fair and the success of the event. She also commented on the EOC event and its success. She stated she and Councilmember Michael, along with City Manager Jack lam, went to Washington, D.C. to meet with legislators to talk to them about funding for the 1-15 Baseline Interchange. Councilmember Gutierrez thanked the City staff who are addressing the needs of high traffic congestion throughout the City and also the high speeds of people driving. He stated he would be working on these issues this year. He mentioned the freeway issue previously brought up and the need for more protection. He asked that information on guardrails for this area be brought back at the April 19th meeting. Councilmember Spagnolo mentioned graffiti and asked people when they see it to call it in to the Graffiti Hotline. He reported on the taggers that have been arrested. He commented on the cost to the City to clean up the graffiti. He thanked the Police Department for their work. 12. CONSIDERATION OF RECOMMENDATIONS BY GARY lACY Gary Lacy, 7969 Jennet Street, stated it is apparent to the citizens in the City that public safety is important. He fell we have a very fine Fire Department and has never said anything against it or the job they do. He stated his issue is about politics. He stated it is about the citizens deciding about public safety and it is about decorum in this Chamber. He stated it is also about open and honest government. He felt the discussions should be honest and unbiased. He stated this is not about enemies, but about the issue of public safety, He stated the whole issue about public safety is who is stacked at the top. He felt people should be asked their connections to the City. He did not see anything wrong with enforcing decorum at the meetings so people are not intimidated. He stated he has heard from a number of peopie saying they are intimidated by the "influence and power that the local fireman's union has." He felt that was disgraceful. He felt an unbiased citizens' committee should study this issue, and that is what he is proposing. Council member Spagnolo stated he is confused by Mr. Lacy's comments going from decorum to the strategic plan. City Councii Minutes March 15, 2006 Page 13 Councilmember Michael asked James Markman, City Attorney, about people identifying their address and asked what they are required to provide when they speak at the podium. James Markman, City Attorney, stated this isn't so much a first amendment issue. This is all about the Brown Act with regards to Mr. lacy's first two issues. The third one is about forming a citizen's committee. He felt a person speaking before the Council can be required to identify themselves. He felt you could probably ask them to say where they live by way of City. He stated it is clear that you cannot ask them to reveal a phone number or an address or anything else specific which would indicate for example I am or am not an employee of the City, I have relatives or don't have relatives who are employees with the City or anything along that line. He stated you can't condition someone's right to speak to the Council by requiring them to reveal data. That is absolutely crystal clear. He stated if the Council wanted to adopt Mr. Lacy's statement or some form of it and ask people to fOllow it, and they decline, that would be the end of the inquiry. He stated that is the law and that is as far as you can go. He stated as far as decorum, it is even a little bit worse because the control of decorum is strictly voluntary and it is up to the Mayor. He added the only time you can call people out for not maintaining decorum is if they are impeding the progress of the meeting to the point where you really can't conduct the business meeting. He added he has seen maybe on three occasions where peopie or groups of people are removed from the Council Chamber or a person removed from the podium because he won't give it up regardless of what the Mayor asks him to do. He added that people are allowed to come into the Council Chamber with signs, not just tee shirts, but signs that say all sorts of things. He stated the right for people in an assembly like this where they address their local elected officials can use whatever tone they want. He stated if people are not disrupting the ability of the Mayor to conduct the meeting, then they can say what they want to say and do what they want to do. He didn't feel what he has seen in Rancho Cucamonga is disruptive. He added on a scale of 1 to 10, it doesn't get to a 3 in Rancho Cucamonga compared to what he has seen in other cities. He added the Mayor can do anything he wants to do to try encourage polite decorum and encourage people not to act in a way that intimidates people who wish to speak to the other side of the issue, anyway he sees fit. He pointed out that we do have the Chief of Police here if somebody really won't leave the podium or otherwise completely disrupts the meeting. He stated the Mayor could actually order the person be arrested under the penal code. It is essentially disturbing the peace and that person could be marched out of here. He stated that is the legal rule, and those are the legal criteria. It doesn't mean you can't try for more. Councilmember Michael stated he does have concern when he hears from people that they are intimidated about speaking before the Council because of what others will think of their comments. He wished we could control this so there is an environment of peace and comfort. He stated if we can't require something by law, he would like to hear what his colleagues have to say about this. He felt possibly at a future date a community committee might be needed, but for now he is ready to be responsible for the issue. Councilmember Williams stated she understood what the City Attorney stated about NO.1 in Mr. Lacy's letter, but felt we should ask people to identify themselves. With regards to No.2 in Mr. lacy's letter, she stated for many years in the past there was not anyone acting out at the meetings. She stated now things are different and she didn't feel it was a good example for the students that attend. She stated this is a business meeting and felt decorum was important and people should be respectful. She felt the cheering and booing was not appropriate and was distracting. With regards to Mr. lacy's item No.3, she agreed with Councilmember Michael and felt the Council should make those decisions. Councilmember Gutierrez stated there are many people that come to the Council meeting that are scared and intimidated. He stated he wants these meetings to be as professional as possible. He stated he believes there should be decorum at the Council meetings. He stated the Mayor is a good man, but does allow people to say whatever they want. He stated he does have a different style and that he would run the meetings differently. He felt we should encourage the audience to be professional. He felt we should have a sign at the podium informing the speakers to give their name and address, who they work for and if they have any ties to the City. He felt public comments should be honest and open. He felt Mr. lacy's comments have merit even though he is not ready to vote on this tonight. He didn't feel we should criticize Mr. lacy for his suggestion, and stated he appreciated them. City Council Minutes March 15, 2006 Page 14 Council member Spagnolo stated this is the only place people can get up before elected officials and address the City Council about what they feel. He felt people that speak are polite and cordial. He didn't feel there is any intimidation at the meetings. He felt it was the Council's job to listen to what anybody has to say and that is what he will continue to do. Mayor Alexander stated he has very rarely seen people acting inapprppriately, He didn't want people to feel intimidated about speaking. He stated he doesn't care, or it doesn't matter, if someone lives in the City or not, that he is interested in hearing their passion. He fell Mr. lacy was insinuating people are not telling the truth. He felt there should be a cap on campaign contributions so that people running for office cannot be bought. He felt things were very good in this community. Mayor Alexander opened the meeting for public input. Addressing the City Council were: John lyons felt Mr. Lacy was well intended, but felt he wanted to take the Fire Department back to the Stone Age. He fell response time is very important and should be improved. He disagreed with Mr. lacy, and fell the survivor benefits of the firemen should be looked at. He fell the survey Mr. Lacy is proposing is being done in a negative light. Nicole Myerchin stated she is amazed by some of the comments made tonight. She stated she has been talking to fireman about their response times and how important that is in order for them to save lives. She said she does not have a problem with the decorum for the meetings. She felt if we are going to require people to give more information, we should require Council members to tell about their campaign contributions from someone that is before them. She felt maybe this isn't the right City for Mr. Lacy. Bill McCliman stated we have talked about these issues before. He felt this issue is ridiculous and didn't understand why this is coming forward for discussion. He didn't agree with Mr. lacy's suggestions. He stated he is tired of people belittling public employees. He felt this is a waste of time. He stated freedom of speech cannot be stopped. He inquired who put this on the agenda. Councilmember Gutierrez stated he put this on the agenda for discussion. Mr. McCliman asked Council member Gutierrez when he first started talking to Mr. Lacy about this. I Councilmember Guiierrez stated a few months ago. John Preston agreed with the City Attorney on the first 2 items presented by Mr. Lacy, but fell public input was important and that there should be a committee of the public to work on public safety. Bill McCob stated he didn't think it was wrong to ask people to state their name, etc. and that this is on the back of the agenda. Councilmember Spagnolo stated he also didn't agree with Mr. lacy because of the form he wanted people to fill out to speak. Mayor Alexander asked If anyone wants to take any action on Mr. lacy's suggestion. MOTION: Moved by Michael, seconded by Gutierrez to look at the information submitted, and if it is concluded there are good suggestions, then modifications can be made. Motion carried unanimously 5-0. City Council Minutes March 15, 2006 Page 15 ******** A recess was taken at 9:41 p.m. The meeting was called back to order at 9:55 p.m. with all Councilmembers present. .******* 13. DISCUSSION OF THE IMPLEMENTATION OF THE FIRE STRATEGIC PLAN AND FUNDING OPTIONS AS REQUESTED BY JAMES TOWNSEND, PRESIDENT. RANCHO CUCAMONGA FIREFIGHTERS ASSOCIATION Jim Townsend, representing the Rancho Cucamonga Fire Fighters, thanked the Fire Chief for developing the strategic plan to address the needs of the City. He appreciated hearing the need for two fire stations. He stated they agree with the pay as you go plan. He stated they appreciate the Council approving the toois they need to do their job. He stated now they need a funding mechanism to implement the plan. He stated they need more stations and personnel now. He mentioned when Councilmember Michael was Chief, they always went for the cream of the crop when hiring people. He stated lives are at stake when the Fire Department can't respond in four minutes. He stated if the City does have the money, this should be a priority. He stated we don't have the best model for life saving, but it would help. He stated CPR trained employees would really help save lives. He stated AlS care is also very important. He introduced Mr. Roger Myiock with the firm of Harvey Rose Account Corporation who was hired by them to do a review and evaluation of the City's financial condition. Roger Mylock, Vice President of the Harvey Rose Accountancy Corporation, stated they were hired to do an independent evaluation of Rancho Cucamonga's financial condition. They looked at financial statements through June 30, 2005, and have concluded that the City is in excellent financial condition. He continued to explain in detail his findings to come up with this conclusion. He felt the City is in excellent financial condition by the fact that it has had very sound budget policies and procedures over the last many years in order to minimize expenditures, maximize savings, and ultimately the build up of reserves. He stated reserves build up when your revenues exceed your expenditures. James Markman stated he disagreed with the information Mr. Mylock presented on the Redevelopment Agency debt statements. Mayor Aiexander stated the City Manager, just prior to this meeting, explained a iot of just exactly what Mr. Mylock has just presented, and added there is very little difference in what was stated on both sides. He added he wasn't ready to make a decision on this information tonight without having the opportunity to let it sink in, understand where it is coming from in order to act in an appropriate manner. Mr. Mylock stated he is being totally independent and objective, and wanted to make sure the Council had full disclosure of the information. Councilmember Michael asked that this information be given to the City Manager's office for further review. Mr. Mylock stated he would be happy to prepare a memo with the information they need to review this. Councilmember Gutierrez stated he would like to hear what Mr. lam has to say after he has had a day to digest this. He suggested Mr. lam put this in more plain language for everyone to understand. He as.ked Mr. lam if he cared to comment at this time. Jack lam, City Manager, stated the number one goal in the City is public safety and the number two goai is sound fiscal planning and fiscal stability, He stated this has always been the Council's direction no matter who has been on the Council. He stated the City has adopted conservative investment policies. City Council Minutes March 15, 2006 Page 16 He continued to talk about how the City got into trouble in around 1989 and what it did to get out of this financial situation from laying off employees and contract employees, not giving employees raises, and also adopting a utility users tax. He felt Rancho Cucamonga should be compared to cities that are also fiscally sound. He continued explaining the City's position relating to comments made by Mr. Mylock. He stated the City is in a good position which is a good thing, and felt the Council is doing a fantastic job of maintaining that fiscal discipline to be able to do this. Mr. Mylock stated he disagreed with some of Mr. lam's comments. Mayor Alexander felt there should be the opportunity to discuss this further, and if there are better ways of doing things those should be looked at. Jim Townsend felt there is plenty of money to implement the strategic plan right now. He stated it appears the City has plenty of money and that the taxpayers have been paying a much higher level for emergency service than they have received for many years. He stated that given the amount of taxpayer dollars sitting in the City's treasury, it might be a good idea to ask the Chief if the funds are allocated sooner might resolve some of the response time issues. He mentioned most of the response time issues are on the west side of the City. He stated the District is ready to help however they can. He stated the resources are there. Jason White, Verbenia Court, stated he is concerned about the safety of his family and felt we need more stations and more personnel. He had a newspaper article from last July quoting Mr. Lam as saying ''we have little money and the City is in bad straits," and now he hears we are in great condition. He stated he was confused. Jack Lam, City Manager, stated we have reserves for emergencies. If cash flow is not there, the reserves can be used. Bill McCliman felt Mr. Mylock nailed it, and felt the City Manager should quit giving information that is over everyone's heads in responding to Mr. Mylock's report. He felt the City Manager is just trying to confuse people. He felt we need more money for senior transportation and other things that are really needed. MOTION: Moved by Alexander, seconded by Spagnolo to continue discussions on the information at a special meeting to be taped or televised. Councilmember Gutierrez asked for the City Manager to give a power point presentation to go through the information. Councilmember Michael didn't feel we should start picking and choosing what should and shouldn't get televised. Mayor Alexander stated he agreed with Councilmember Michael. Motion carried 5-0 Bill McCliman stated he would like the Council to commit there will be no threats against the Fire Department for what they have presented tonight. * * * * * * J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. City Council Minutes March 15,2006 Page 17 ****** K. ADJOURNMENT MOTION: Moved by Alexander, seconded by Michael to adjourn in the memory of Goldie and Ralph Lewis. Motion carried unanimously 5-0. The meeting adjourned at 11 :24 p.m. Respectfully submitted, Debra J. Adams, CMC City Clerk Approved: .