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HomeMy WebLinkAbout2007/10/03 - MinutesOctober 3, 2007 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AND CITY COUNCIL CLOSED SESSION MINUTES A. CALL TO ORDER The Rancho Cucamonga Fire Protection District and City Council held a closed session on Wednesday, October 3, 2007, 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 PresidenUMayor Donald J. Kurth, M.D. Present were Boardmembers/Councilmembers: Rex Gutierrez, Sam Spagnolo, Vice PresidenUMayor Pro Tem Williams, and PresidenUMayor Donald J. Kurth, M.D. Also present were: Jack Lam, City Manager; Pamela Easter, Assistant City Manager; James Markman, City Attorney; and John Gillison, Deputy City Manager/Administrative Services. Absent was Boardmember/Councilmember: L. Dennis Michael B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) PresidenUMayor Kurth announced the closed session items: 81. CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION PER GOVERNMENT CODE SECTION 54956.9 -ONE CASE -CITY OF RANCHO CUCAMONGA V. HOFER, LLC -CITY B2. LABOR NEGOTIATIONS PER GOVERNMENT CODE SECTION 54957.6 TO GIVE JOHN GILLISON, DEPUTY CITY MANAGER, ADMINISTRATIVE SERVICES, DIRECTION IN REGARDS TO THE MEET AND CONFER PROCESS - FIF7E C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) No one was present to comment on the closed session items. D. CONDUCT OF CLOSED SESSION Closed session began at 5:30 p.m. E. CITY MANAGER ANNOUNCEMENTS Redevelopment Agency, Fire Protection District and City Council Minutes October 3, 2007 Page 2 F. RECESS The closed session adjourned at 6:50 p.m. with no action taken. G. CALL TO ORDER A regular meeting of the Rancho Cucamonga Redevelopment Agency, Fire Protection District and City Council was held on Wednesday, October 3, 2007, in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Chairman/President/Mayor Donald J. Kurth, M.D. called the meeting to order at 7:04 p.m. Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, Sam Spagnolo, Vice ChairmanNice PresidenUMayor Pro Tem Diane Williams, and Chairman/President/Mayor Donald J. Kurth, M.D. Also present were: Jack Lam, Executive Director/City Manager; Pamela Easter, Assistant City Manager; James Markman, Legal Counsel/City Attorney; Fabian Villenas, Management Analyst III; John Gillison, Deputy City Manager/Administrative Services; Tamara Layne, Finance Director; Dawn Haddon, Purchasing Manager; Manuel Pilonieta, Information Services Manager; Sid Siphomsay, Information Services Analyst I; Mike Toy, Information Services Specialist I; Mahdi Aluzri, Deputy City Manager/Community Development; Joe O'Neil, City Engineer; John Thomas, Plan Check and Inspection Manager; Kevin McArdle, Community Services Director; Dave Moore, Community Services Superintendent; Robert Karatsu, Assistant Library Director; Michelle Perera, Library Services Manager; Joe Pulcinella, Animal Services Director; Chief Joe Cusimano, Rancho Cucamonga Police Department; Chief Peter Bryan, Deputy Chief Mike Bell, Battalion Chief Don Cloghesy and Public Education Specialist Kelley Donaldson, Rancho Cucamonga Fire Protection District; Shirr'I Griffin, Deputy City Clerk; and Debra J. Adams, Assistant Secretary/Secretary/City Clerk. Absent was Agencymember/Boardmember/Councilmember: L. Dennis Michael H. ANNOUNCEMENTS/PRESENTATIONS H1. Presentation to Police Officers from Germany visiting through the International Police Exchange Program. Detective Castillo, San Bernardino County Sheriff's Department, introduced the officers and told about the Police Exchange Program. The Mayor and City Council presented Certificates to them. H2. Presentation of a Proclamation designating October as "Adopt-a-Dog Month." Joe Pulcinella, Animal Services Director, came forward and introduced "Sprout". The Mayor and City Council presented a Proclamation to Joe Pulcinella, Animal Services Director. H3. Presentation of a Proclamation designating October 7-13, 2007, as "National Fire Prevention Week." Redevelopment Agency, Fire Protection District and City Council Minutes October 3, 2007 Page 3 Kelley Donaldson, Public Education Specialist, stated that next week is National Fire Prevention Week. She encouraged everyone to develop a home escape plan. She stated the Fire District has some tools to help people develop this plan, and that the key thing is to practice it with their family. The Mayor and City Council presented a Proclamation to Kelley Donaldson, Public Education Specialist. L PUBLIC COMMUNICATIONS 11. Ed Hills displayed a picture of people smoking marijuana at a dispensary that was in Corona. He said he was trying to get some leadership from the Council on this issue. He commented on a newspaper article with comments made by the Mayor about the use of marijuana. He said he found the Mayor's comments about marijuana reckless and irresponsible. He read a quote about children and their importance to our society. He said children are ones we can all learn from. He felt the Council should take an action against marijuana dispensaries just like they did Styrofoam. He also showed a marijuana bong that he recently purchased. He said he hopes the Mayor will work with the Council to ban marijuana dispensaries in Rancho Cucamonga and become a lead City regarding this issue. He felt this will help protect our children. 12. Brenda Chabot, Director of the Inland Empire Drug Free Coalition, stated tonight she is representing the Drug Free Community Coalition for Riverside and San Bernardino Counties. She said they were against marijuana dispensaries in the City. She thanked Councilmember Gutierrez for coming to their coalition meeting last night, and added it was a great success. She stated their website is www.ivdfc.org. 13. Paul Chabot stated he is present to talk about the medical marijuana dispensaries in the City. He stated he is a member of the coalition. He commented on other areas that are against medical marijuana dispensaries and what they are doing to ban it. He reiterated they are against medical marijuana dispensaries. 14. Hank Stoy stated he wanted to talk one more time to the Council about the Consent Ordinances approving the Arbors, and asked that at least one of them not vote for the approval of the Ordinances. He said he didn't feel this project was good or fair for the neighborhood. He felt there were too many homes on a small piece of land. He stated he would like for James Troyer, Planning Director, or Jack Lam, City Manager, to get back to him about the ratibnale for the high cost to appeal something. He commented on the 500+ people that signed a petition against this project. He asked the Council to pull this item so that one of them could change their vote of approval. 15. Jim Moffatt stated the neighbors near the Arbors are not beaten down and will not go down without a good fight. He referred to comments made at the last meeting. He stated he is in agreement with Hank Stoy and felt this item should be pulled for the Council to reconsider their vote. He thanked Councilmember Gutierrez for what he is doing for the residents. He felt Councilmember Gutierrez does a lot for the City and that he is a great Councilman. He felt the Council should vote for what is good for the neighbors. 16. Michelle Perera, Library Services Manager, talked about the program called the "Big Read" to start this Friday at the Library. She stated they are encouraging everyone to read To Kill a Mockingbird. She told about their event this Friday and encouraged everyone to attend. She also told about other events to occur during the "Big Read" program from October 5 -November 16. She stated this Friday's event will be held at the Biane Library. She distributed information about this event to the audience. Redevelopment Agency, Fire Protection District and City Council Minutes October 3, 2007 Page 4 17. Randy Johnson provided the Council with information pertaining to various crimes that have occurred in the City. He stated he has asked the Police Department and the County for copies of the dispatch logs. He stated he cannot get any response from anyone. He stated he keeps getting the run around while trying to get these reports. He stated if he doesn't get this information, he will file a suit against the City and will recoup any costs associated with this. He asked the City Manager who he can call. Jack Lam, City Manager, referred him to Chief Joe Cusimano, Rancho Cucamonga Police Department. I8. Leslie Grimes brought up the article in the newspaper with reference to the Mayor's comments about "pot." She felt the Mayor didn't think this was serious. She felt alcohol was a big enough problem and didn't feel we needed to worry about "pot" too. She talked about the Mayor's past with drugs when he was a teenager. She commented on the problems her family has faced due to drug addiction. She felt the Mayor's comments were reckless, and that he should watch what he says in public. She felt there is no gray area where drugs are concerned and told the kids in the audience to say no to taking drugs and to think about the people they love and the lives they have ahead of them. She said the kids are the future. 19. Peter Robles said he has been harassed by a City employee because of street sweeping problems on his street. He said he called the City regarding the street sweeping issues, and that someone from the City told him the streets looked fine. Mr. Robles asked that ii be cleaned again. He said Randy Miller with the City has been out to his house to take pictures of his house. Mr. Robles stated he then tried to call the City Manager who wouldn't talk to him. He stated he then called the Mayor who had Mr. Ruiz, Randy Miller's Supervisor, call him about the incident with Mr. Miller. He stated he has not received any written information from the City Manager or Dave Blevins, Public Works Maintenance Manager, stating this incident has been resolved. He felt the Council should resolve this matter and would like a letter stating so and provide him with the assurance that he, his family and neighbors do not have to worry about their safety. He felt this kind of behavior by a City employee warrants dismissal or termination of that employee. 110. John Lyons suggested the German officers be given a City pin. Mayor Kurth stated they already did get a pin. Mr. Lyons stated he doesn't see kids smoking pot but that they are doing harder drugs and that this should be looked at. He felt people should be aware of their surroundings so that drugs are not being manufactured at a neighbor's home. He talked about a Catholic Church and what they did for someone that needed help. He felt we should all help when we can. 111. Martha Valencia said she lives on Hillside and Jasper and talked about the lack of sidewalks around Stork Elementary. She felt this was a safety issue and that she is concerned about this. She asked the Council if they can ask staff to look into this for the best interests of the kids. Joe O'Neil, City Engineer, stated the neighborhood was put in without sidewalks which was common at the time. He stated over the years the neighborhood had come to the City to get sidewalks installed, and that an assessment district was discussed. He stated there is an opportunity to get some funding for the sidewalks and that the City is waiting to find out about this, and will report back to the Council with this information. He stated letters have been sent to the neighbors in this immediate area regarding this. Councilmember Spagnolo suggested that more people around this area also be given the letter Joe O'Neil, City Engineer, stated he would do this. 112. Janis Stradley was called to speak, but had left the meeting. Redevelopment Agency, Fire Protection District and City Council Minutes October 3, 2007 Page 5 113. Christine Lomen also wanted to talk about the sidewalks at Stork Elementary. She stated she walks her child to school every day and told about the unsafe conditions. She felt this was very unsafe for the kids. She felt there is a lot of money available to cities for sidewalks, and had found this info on the Internet. Joe O'Neil, City Engineer, stated the City has never had money for sidewalks around schools. He said the Council has never voted down putting in sidewalks. He said they couldn't get enough interest in an assessment district. He stated the City did apply for funding from the Safe Routes to School Program, but did not get any money. Mayor Pro Tem Williams stated it is the homeowners that have to vote for the assessment district, not the Council. J. AGENCY/F'IRE BOARD/COUNCIL RESPONSES TO PUBLIC COMMENTS Councilmember Spagnolo stated he has attended meetings with the neighbors about the sidewalks, but stated there is a process they have to go through to get the funding. He asked the City Attorney to clarify what action the Council previously took pertaining to the banning of marijuana dispensaries. James Markman, City Attorney, stated the law in California right now is that no one can establish a medical marijuana dispensary in Rancho Cucamonga because we have a moratorium on that use which we can keep in effect probably for another year. He stated the Council previously took that approach because there are five or six legal cases pending, and that they were hoping to get a definitive appellant opinion that would validate one of these ordinances. He stated the cases have not really progressed to get a decision. He stated right now nobody can establish a medical marijuana dispensary in Rancho Cucamonga. Councilmember Spagnolo stated that action was a 5-0 vote to ban dispensaries in the City. Councilmember Gutierrez stated the Council is aware that government agencies are looking at the sidewalk issue. He stated there are things being done to address this. He said some people do think the Mayor made same comments that maybe didn't come across as they should. He said personally he probably would have expressed it another way. He felt he knew what the Mayor was trying to say. He said he supports the.Mayor and he knows his intentions, and that he didn't mean to present the image that he did. He said he, too, was very passionate about the vote on the Arbors Project and was not happy about it. He stated there are many issues for the Council to work on, and that he is here to work with everyone on things. He said he is a member of a team. Mayor Pro Tem Williams said she sympathizes with the parents about the sidewalks. She didn't think it was right for the state to build a school and not take responsibility for the safety. of the kids to get there. She stated the City is working to get the sidewalks, and stated the people haven't been abandoned. She stated she is concerned with the issues that Mr. Hills talked about. Mayor Kurth stated instead of being against some of the comments made tonight, he is pleased. He stated he brought this up to be looked at. He stated he came forward with this issue because he felt it should be taken care of quickly. He stated Rancho Cucamonga has banned medical marijuana dispensaries in the City because it was a serious problem. He stated the comments in the newspaper included only three minutes from an hour interview. He stated he does not support using marijuana or any injurious drugs. He doesn't support legalizing marijuana. He stated he realizes there are two sides to this issue. He stated he hasn't used drugs since the 1960's. He stated he has dedicated his life to help people get off drugs. He felt the Council is being responsible relating to this issue. He thanked those that spoke about this and felt we have a lot of work to do pertaining to this. Redevelopment Agency, Fire Protection District and City Council Minutes October 3, 2007 Page 6 K. CONSENT CALENDAR -REDEVELOPMENT AGENCY K1. Approval of Minutes: September 19, 2007 (Regular Meeting -Michael absent) K2. Approval of Check Register dated September 12 through September 25, 2007, for the total amount of $5,501,145.15. K3. Approval of a Resolution to authorize the advertising of the "Notice Inviting Bids" for the to be funded from RDA Tax Allocation Bond proceeds and City Fund 25 Capital Reserve Funds. RESOLUTION NO. RA 07-021 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "COMPRESSED NATURAL GAS AND ABOVE GROUND FUEL TANK IMPROVEMENT PROJECT AT THE CITY CORPORATE YARD" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS K4. Approval of a Resolution to authorize the advertising of the "Notice Inviting Bids" for the Removal of the Old Southern Pacific Railroad Bridqe West of Baker Avenue, to be funded from RDA Tax Allocation Bond Funds. - RESOLUTION NO. RA 07-022 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "REMOVAL OF THE OLD SOUTHERN PACIFIC RAILROAD BRIDGE WEST OF BAKER AVENUE" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS K5. Approval of a Resolution to authorize the advertising of the "Notice Inviting Bids" for the Citywide Graffiti Abatement Services, to be funded from Acct. No. 1001316-5300 ($48,750) and 2620801-5300 ($26,250) as approved in the FY 2007-08 budget. RESOLUTION NO. RA 07-023 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, APPROVING SPECIFICATIONS FOR THE "CITYWIDE GRAFFITI ABATEMENT SERVICES" AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS K6. Approval to accept the bids received and award and authorize the execution of a contract in the amount of $71,385.00, plus Additive Bid Item No. 2 for $25,000.00, for a total contract amount of $96,385.00 to the apparent low bidder, Best Contracting Services, Inc. (RA 07-017), and authorize the expenditure of a 10% contingency in the amount of $9,638.50 for the Roof Repairs and Maintenance to Jersey Fire Station (174), Banyan Fire Station (175) and Fire Shops, to be funded from Fire Protection RDA Funds, Acct. No. 2505801-5602. Redevelopment Agency, Fire Protection District and City Council Minutes October 3, 2007 Page 7 K7. Approval of an award for a Professional Services Agreement with Parson Brinckerhoff (RA 07- 018/CO 07-187) for the Corporate Yard Service Center Master Plan Update in the amount of $58,371, and authorize the expenditure of a 10% contingency in the amount of $5,837, funded from Acct. No. 1025001-5650/1650025-0 ($38,525) and 2 66 0801-56 50/1 6 5 0660-0 ($25,683) and appropriate $25,683 into Acct. No. 2660801-5650/1650660-0 as approved in the FY 2007-08 budget, and authorize staff to approve Optional Tasks 1 and 2, if warranted, in an amount not to exceed $11,986. MOTION: Moved by Spagnolo, seconded by Gutierrez, to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously, 4-0-1 (Michael absent). L. CONSENT CALENDAR -FIRE PROTECTION DISTRICT L8. Approval of Minutes: September 19, 2007 (Regular Meeting -Michael absent) L9. Approval of Check Register dated September 12 through September 25, 2007, for the total amount of $76,443.28. L10. Approval of a Professional Services Agreement with RRM Design Group (FD 07-013/CO 07-186) for Architectural Services for the proposed Hellman Fire Station (177) located on Hellman south of Hillside, in the amount of $360,515.00, and authorize the expenditure of a 10% contingency in the amount of $36,052.00, funded from Acct. No. 32 81 51 7-56 50/1 59 72 81-6 31 1, and approval of an appropriation of $396,567.00 (Professional Services Agreement award not to exceed $360,515.00 plus 10% contingency in the amount of $36,052.00) from Fire Capital Reserves to Acct. No. 32 81 51 7-56 50/1 5 9 7281-6 31 1 MOTION: Moved by Spagnolo, seconded by Gutierrez, to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously, 4-0-1 (Michael absent). M. CONSENT CALENDAR -CITY COUNCIL M11. Approval of Minutes: August 23, 2007 (Special Meeting -Future Central Park Strategy) . September 19, 2007 (Regular Meeting -Michael absent) M12. Approval of Check Register dated September 12 through September 25, 2007, and payroll ending September 25, 2007, for the total amount of $6,701,964.35. M13. Approval to authorize the advertising of the "Notice Inviting Bids" for the Central Park Playoround Project. REMOVED FOR DISCUSSION BY MAYOR PRO TEM WILLIAMS. RESOLUTION NO. 07-232 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "CENTRAL PARK PLAYGROUND PROJECT" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS Redevelopment Agency, Fire Protection District and City Council Minutes October 3, 2007 Page 8 M14. Approval of a Resolution to authorize the advertising of the "Notice Inviting Bids" for the Cit wide Graffiti Abatement Services, to be funded from Acct. No. 1001316-5300 ($48,750) and 2620801-5300 ($26,250) as approved in the FY 2007-08 budget. REMOVED FOR DISCUSSION BY COUNCILMEMBER GUTIERREZ. RESOLUTION NO. 07-233 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CALIFORNIA, APPROVING SPECIFICATIONS FOR THE "CITYWIDE GRAFFITI ABATEMENT SERVICES" AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS M15. Approval of a Resolution to authorize the advertising of the "Notice Inviting Bids" for the Compressed Natural Gas and Above Ground Fuel Tank Improvement Protect at the City Corporate Yard, to be funded from RDA Tax Allocation Bond proceeds and City Fund 25 Capital Reserve Funds. RESOLUTION NO. 07-234 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "COMPRESSED NATURAL GAS AND ABOVE GROUND FUEL TANK IMPROVEMENT PROJECT AT THE CITY CORPORATE YARD" IN SAID CITY AND AUTHORIZING AND DIRECTING THECITY CLERK TO ADVERTISE TO RECEIVE BIDS M16. Approval of Ordering the Annexation to Landscape Maintenance District No.3B and Street Light Maintenance District Nos. 1 and 2 for DRC2006-00435, located at 8777 Haven Avenue, submitted by Nowzar and Malieheh Nazari, owners. APN: 0209-491-14. RESOLUTION NO. 07-235 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 2 FOR DRC2006-00435 -APN: 0209-491-14 M17. Approval of an award for a Professional Services Agreement with Parson Brinckerhoff (CO 07- 187/RA 07-018) for the Corporate Yard Service Center Master Plan Update in the amount of $58,371, and authorize the expenditure of a 10% contingency in the amount of $5,837, funded from Acct. No. 1 025 001-56 50/1 65 0025-0 ($38,525) and 2660801-5650/1650660-0 ($25,683) and appropriate $25,683 into Acct. No. 2660801-5650/1650660-0 as approved in the FY 2007-08 budget, and authorize staff to approve Optional Tasks 1 and 2, if warranted, if an amount not to exceed $11,086. M18. Approval of a Professional Services Agreement with RJM Design Group (CO 07-188) for architectural services for Phase II of the Central Park Project in the amount of $2,338,545.00, and authorization for the expenditure of a 10% contingency in the amount of $233,855.00, funded from Acct. No. 1120305-5650/1343120-0 and approval of an appropriation of $2,572,400.00 from Park Development Fund to Acct. No. 1120305-5650/1343120-0. Redevelopment Agency, Fire Protection District and City Council Minutes October 3, 2007 Page 9 M19. Approval of a Professional Services Agreement with RRM Design Group (CO-186/FD 07-013) for Architectural Services for the proposed Hellman Fire Station (177) located on Hellman south of Hillside, in the amount of $360,515.00, and authorize the expenditure of a 10% contingency in the amount of $36,052.00, funded from Acct. No. 32 81 51 7-56 50/1 59 72 81-6 31 1, and approval of an appropriation of $396,567.00 (Professional Services Agreement award not to exceed $360,515.00 plus 10% contingency in the amount of $36,052.00) from Fire Capital Reserves to Acct. No. 32 81 51 7-56 50/1 5 9 7281-6 31 1. M20. Approval to award an annual contract to WSA Security, Inc. (CO 07-189) for security guard services at various City facilities with the initial contract period veering from the effective date of contract through June 30, 2008, with the option to renew for an additional two (2) years in one (1) year increments upon mutual consent by the City Engineer and contractor, in an annual amount of $387,209 for regular service and extra work, with the opportunity for cost-of-living increases as specified in CO 07-189, to be funded from 1001312-5304 ($174,829); 1133303-5304 ($120,000); 1700201-5304 ($70,380); and 1290606-5300 ($22,000) for Fiscal Year 2007/08. M21. Approval of Improvement Agreement Extension for DRC2006-00006, located at the northwest corner of Haven and Lemon, submitted by HB Housing Partners, L.P., a California Limited Partnership. RESOLUTION NO. 07-236 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR DRC2006-00006 M22. Approval to accept the Improvements, release all bonds and file a Notice of Completion for improvements for DRC2006-00516, located on the south side of 4'" Street, at the intersection with Golden Oak Road, in the City of Ontario, submitted by Warmington Homes Ontario Association, L.P. RESOLUTION NO. 07-237 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2006-00516 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK M23. Approval to release Faithful Performance Bond No. 6296862, which was held on September 6, 2006, as a Maintenance Guarantee Bond, in the amount of $35,460.00, for Solar Powered Flashing Beacons at Hermosa Avenue and Feron Boulevard, Safe Route to School Program, Federal Aid Project No. STPLHSR-5420 (011), Contract No. 04-197. M24. Approval to release Maintenance Guarantee Bond No. 014034877/08771484-A in the amount of $166,592.82 for the Phase 01/03 Final Work of CFD's 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 I-15 Freeway, Contract No. 05-070. M25. Approval to release Faithful Performance Bond No. SU 5019687, which was held on September 20, 2006, as a Maintenance Guarantee Bond, in the amount of $98,768.00 for ADA 2005/2006 Access Ramp and Drive Approach Improvements at Various Locations, Contract No. 06-016. M26. Approval to release Faithful Performance Bond No. CAC 53816, which was held on September 6, 2006, as a Maintenance Guarantee Bond, in the amount of $37,344.00, for Bridge Maintenance and Rehab Project at Heritage Park, Contract No. 06-066. M27. Approval to release Faithful Performance Bond No. 7582713, which was held on September 6, 2006, as a Maintenance Guarantee Bond, in the amount of $98,550.00 for Base Line Road Street Light and Sidewalk Improvement Project, Contract No. 06-067. Redevelopment Agency, Fire Protection District and City Council Minutes October 3, 2007 Page 10 M28. Approval to accept the Church Street Pavement Rehabilitation and Widening (from 100± West of Pasito Avenue to Kinlock Avenue), Contract No. 07-027 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 $377,438.02. RESOLUTION NO. 07-238 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE CHURCH STREET PAVEMENT REHABILITATION AND WIDENING (FROM 100± WEST OF PASITO AVENUE TO KINLOCK AVENUE) CONTRACT NO. 07-027, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Spagnolo, seconded by Gutierrez, to approve the staff recommendations in the staff reports contained within the Consent Calendar with the exception of item M13 and M14. Motion carried unanimously, 4-0-1 (Michael absent). DISCUSSION OF ITEM M14. Councilmember Gutierrez clarified that we are not replacing our current employees handling this program that we are enhancing the program. Jack Lam, City Manager, stated that is right, that this is a supplement to enhance the existing program and referred to the staff report. Councilmember Gutierrez stated he is very supportive of this. MOTION: Moved by Gutierrez, seconded by Spagnolo to approve item M14. Motion carried unanimously 4-0-1 (Michael absent). DISCUSSION OF ITEM M13. Mayor Pro Tem Williams asked if there was a completion date for this project. Joe O'Neil, City Engineer, stated probably about 90 days from the award of the contract, which would mean around springtime. MOTION: Moved by Williams, seconded by Spagnolo to approve item M13. Motion carried unanimously 4-0-1 (Michael absent). N. CONSENT ORDINANCES N1. CONSIDERATION OF ENVIRONMENTAL ASSESSMEN I ANU GENERAL FLAN AMEN UMEN I DRC2006-00223 -ARBORS AT ROUTE 66 LLC -Request to change the land use designation for four parcels on Red Hill Country Club Drive from Open Space to Mixed Use to be consistent with the Mixed Use Land Use Designation at the northeast corner of Foothill Boulevard and Grove Avenue, to add these same four parcels to Section 2.5.5.4 Western Gateway in the Bear Gulch Area, expand the range of development in the residential classification to 87% in Table III-7, and to establish a master plan overlay district for the entire 10.1 acre project site on the land use plan in accordance with Section 111.2.4.1 of the General Plan - APN: 0207-011-35, 36, 41, 43, 44 and 45. AMENDMENT DRC2006-00350 -ARBORS AT ROUTE 66 LLC -Request to change the zoning for four parcels on Red Hill Country Club Drive from Low Residential (2-4 dwelling units per acre) to Mixed Use, to be consistent with the Mixed Use zoning designation at the northeast corner of Foothill Boulevard and Grove Avenue; establish a master plan overlay district for the entire 10.1 acre project site on the Redevelopment Agency, Fire Protection District and City Council Minutes October 3, 2007 Page 11 development district map in accordance with Section 17.20.030 of the Development Code at the northeast corner of Foothill Boulevard and Grove Avenue -APN: 0207-011-35, 36, 41, 43, 44 and 45. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT DRC2007-00029 -ARBORS AT ROUTE 66, LLC -Request to change the Table for the Bear Gulch Mixed-Use area contained in Development Code Section 17.32.020,0.3 to expand the range of development in the residential classification to 87% and to include the "most case" column found in the General Plan Table III-7 -APN: 0207-011-35, 36, 41, 43, 44 and 45. CONSIDERATION OF APPEAL OF DEVELOPMENT REVIEW DRC2006-00341 -ARBORS AT ROUTE 66 LLC -Master Plan established under DRC2006-00223 and DRC2006-00350 for 10.1 acre project site with one 2-story office building, 7 live/work units, 68 town homes, and 23 single-family residences at the northeast corner of Foothill Boulevard and Grave Avenue in the Mixed Use Zane of Subarea 1 of the Foothill Boulevard Districts, including expansion of the range of development in the residential classification to 87% in Table III-7 of the General Plan. APN: 0207-011-35, 356, 41, 43, 44 and 45. CONSIDERATION OF APPEAL OF TENTATIVE TRACT MAP SUBTT18179 -ARBORS AT ROUTE 66 LLC -Condominium subdivision of 10.1 acres into two lots with office condominiums in one office building on Lot 1, and residential condominiums in 7 live/work units, 68 town homes, and 23 single family residences on Lot 2 at the northeast corner of Foothill Boulevard and Grove Avenue in the Mixed Use Zone of Subarea 1 of the Foothill Boulevard Districts. APN: 0207-011-35, 36, 41, 43, 44 and 45. ORDINANCE NO. 780 (SECOND READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT DRC2006-00350, A REQUEST TO AMEND THE DEVELOPMENT DISTRICTS MAP FROM LOW RESIDENTIAL (2-4 DWELLING UNITS PER ACRE) TO MIXED USE FOR FOUR PARCELS COMPRISING OF APPROXIMATELY 1.04 ACRES OF LAND LOCATED AT RED HILL COUNTRY CLUB DRIVE, AND ESTABLISH A MASTER PLAN OVERLAY DISTRICT FOR THE SIX PARCELS COMPRISING APPROXIMATELY 10.1 ACRES OF LAND AT THE NORTHEAST CORNER OF FOOTHILL BOULEVARD AND GROVE AVENUE ON THE DEVELOPMENT DISTRICTS MAP IN ACCORDANCE WITH MUNICIPAL CODE SECTION 17.20.030; AND MAKING FINDINGS IN SUPPORT THERE OF -APN: 0207-011-35, 36, 41, 43, 44 AND 45 ORDINANCE NO. 781 (SECOND READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2007-00029, A REQUEST TO CHANGE THE BEAR GULCH MIXED-USE AREA TABLE CONTAINED IN MUNICIPAL CODE SECTION 17.32.020.0.3 TO EXPAND THE RANGE OF DEVELOPMENT IN THE RESIDENTIAL CLASSIFICATION TO 87 PERCENT AND TO ADD THE "MOST CASE" COLUMN FOUND IN THE CORRESPONDING GENERAL PLAN TABLE III-7, AND MAKING FINDINGS IN SUPPORT THEREOF Debra J. Adams, City Clerk, read the titles of Ordinance Nos. 780 and 781. Councilmember Gutierrez stated for the record, he opposed this project as designed. He did not feel this was the Council's direction during the election, and felt the density was too high for this project. He stated some people told him they felt this was a done deal. He stated he knows there are some parties that want to buy this land and possibly redesign it if the developer is interested. Redevelopment Agency, Fire Protection District and City Council Minutes October 3, 2007 Page 12 MOTION: Moved by Williams, seconded by Spagnolo to waive full reading and approve Ordinance Nos. 780 and 781. Motion carried 3-1-1 (Gutierrez voted no, Michael absent). O. PUBLIC HEARINGS 01. CONSIDERATION OF A RESOLUTION AUTHORIZING THE RANCHO CUCAMONGA POLICE DEPARTMENT TO ENFORCE THE CALIFORNIA VEHICLE CODE IN THE CUCAMONGA RIDGE, INC. COMMON INTEREST DEVELOPMENT AS AUTHORIZED BY CALIFORNIA VEHICLE CODE SECTION 21107.7 RESOLUTION NO. 07-239 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE ENFORCEMENT OF THE CALIFORNIA VEHICLE CODE IN CUCAMONGA RIDGE, INC. (GENERALLY LOCATED WEST OF VINEYARD AVENUE, SOUTH OF FOOTHILL BOULEVARD, AND NORTH OF ARROW HIGHWAY) AS AUTHORIZED BY CALIFORNIA VEHICLE CODE SECTION 21107.7 A staff report was presented by Fabian Villenas, Management Analyst III Stacy Sorto, Association Manager for this development, stated she is in support of staff's recommendation and asked the City Council to approve this. Mayor Kurth opened the item for public comment. There being no further comment,.the public hearing was closed. MOTION: Moved by Williams, seconded by Gutierrez to approve Resolution No. 07-239. Motion carried unanimously 4-0-1 (Michael absent). ORDINANCE NO. 782 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING REFERENCES IN PROVISIONS OF THE SAN BERNARDINO COUNTY CODE PREVIOUSLY ADOPTED BY REFERENCE, ESTABLISHING REGULATIONS PERTAINING TO ANIMALS WHICH HABITUALLY MAKE NOISE, POTENTIALLY DANGEROUS AND VICIOUS ANIMALS, AND RABIES VACCINATIONS, AND AMENDING TITLE 6 OF THE RANCHO CUCAMONGA MUNICIPAL CODE A staff report and power point presentation (which is on file in the City Clerk's office) were given by Joe Pulcinella, Animal Services Director. Councilmember Gutierrez felt a person should be informed of the whole process in the first letter they receive from the City and felt this might encourage them to comply. Joe Pulcinella, Animal Services Director, stated staff could do this. Redevelopment Agency, Fire Protection District and City Council Minutes October 3, 2007 Page 13 Councilmember Gutierrez felt staff should call the complainant after 10 days to see if they have improved the barking dog situation. He also suggested the complainant be given a card or something identifying the whole process. He felt this looks great and added that he supported it. He stated Code Enforcement also assists with the problem of barking dogs. Mayor Kurth asked how you determine if this is an incessant problem as opposed to just a squabble amongst neighbors. Joe Pulcinella, Animal Services Director, stated you also have to get another neighbor to complain about the barking dog. Mayor Pro Tem Williams asked how many complaints of this nature do they get. Joe Pulcinella, Animal Services Director, stated they probably get one or two a day, and that usually a letter will resolve the problem. Mayor Pro Tem Williams asked if we have education to send the pet owner how to resolve their barking dog problem. Joe Pulcinella, Animal Services Director, stated yes and that they also offer behavior classes for the pet owner. He stated they also suggest to people they keep the dog inside in the evening. Mayor Kurth opened the meeting for public hearing. Addressing the City Council were: John Lyons felt people should get over barking dogs and deal with it. Leslie Grimes talked about the coyotes setting off the barking dogs in her area, and felt people should take this into consideration. There being no further input, the public hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 782. MOTION: Moved by Williams, seconded by Gutierrez to waive full reading and set second reading of Ordinance No. 782 for the October 17, 2007 meeting. Motion carried unanimously 4-0-1 (Michael absent). P. CITY MANAGERS STAFF REPORTS Pt. INTRODUCTION OF CITY PURCHASING STAFF AND OVERVIEW OF DIVISION (Verbal) Dawn Haddon, Purchasing Manager, gave an overview of the responsibilities of the City's Purchasing Department in their efforts to ensure the resident's tax dollars are being spent wisely. She told about their purchasing procedures, mail room responsibilities and also the telecommunications they are responsible for at all the City facilities. She stated Purchasing is also responsible for the switchboard operator which is a very important function. She introduced her staff that were present and told about their responsibilities. ACTION: Report received and filed. P2. PRESENTATION RE: ONLINE RENEWAL OF BUSINESS LICENSES (Verbal) A staff report and power point presentation (which is on file in the City Clerk's office) were given by Tamara Layne, Finance Director. Redevelopment Agency, Fire Protection District and City Council Minutes October 3, 2007 Page 14 Councilmember Spagnolo thanked Ms. Layne and her staff for making things easier for the business community. The Council concurred ACTION: Report received and filed Q. COUNCIL BUSINESS ~ `•' ` -~ 01. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Councilmember Spagnolo stated the Animal Shelter is still looking for volunteers. He commented that he and Councilmember Gutierrez had recently gone to the opening of the new PetSmart store in Ontario. He stated the Ontario and San Bernardino PetSmart stores are involved in the City's adoption program. He stated this week is the Mark Christopher Charity Classic at Empire Lakes and encouraged people to attend this event which is for charity. Councilmember Gutierrez mentioned Anthony's Italian Kitchen which just celebrated their 10th anniversary in business. He stated they donate thousands of dollars to high schools and the community. He reminded everyone to get involved in the "Big Read." He commented on all the neighborhood disputes he hears about. He felt there should be a "love thy neighbor day" in the City. He felt people that rent out their home should be getting a business license to bring in revenue to the City and that the City should have more contact with the owners of rental units so they will take more responsibility for their property. Mayor Pro Tem Williams announced that Snow White will be starting this weekend at the Cultural Center. She encouraged people to bring their kids to this event. She stated people still have time to buy a ticket for the PAL Campaign's "Lifestyle Package." She commented on the upcoming drawings for this fundraiser. 02. UPDATE ON MEDICAL MARIJUANA ISSUES (Verbal) (CONTINUED FROM SEPTEMBER 5, 2007) James Markman, City Attorney, stated we are in a moratorium so no one can establish a marijuana dispensary. He stated some cities don't care about this, but some cities do. He stated there has been 59 cities to date that prohibit these dispensaries. He talked about the cases pending and referred in to a particular case in Anaheim. He stated as of today there is nothing that can stop the City from enforcing their Ordinance banning dispensaries. He stated he wished one of these lawsuits would move forward to the appellate court so they could get a more definitive ruling on this. He said he thinks the cities will prevail on this, and that we can continue with our banning of the dispensaries. He stated this can be stopped in a commercial strip center, but that it is more difficult in a co-op situation. He stated for now he thinks Rancho Cucamonga is safe with their previous position taken on the moratorium. He stated they continue with their advice to the Council not to allow marijuana dispensaries in the City. Councilmember Gutierrez stated he drafted an idea into a Resolution that he gave to the Council, but added they only received this tonight and have not had time to review it in order to comment on it. He stated it is a Resolution of what he would like to do by sending it to our legislators with regards to Proposition 215, and telling them there are loopholes in that law. He stated he always cuts out newspaper articles when there is a drug bust and reported on some of these. He talked about the loopholes in Proposition 215 and felt it was way too liberal. He felt the Resolution should request that the legislators tighten up the loopholes in this legislation. He asked that the Council review this, and that it come back to the Council in the future. He hoped he would get their support. Redevelopment Agency, Fire Protection District and City Council Minutes October 3, 2007 Page 15 Mayor Pro Tem Williams stated right now in our City we do not have dispensaries, but that there is a business that is a "headshop" that sells products she didn't feel should be sold. She felt we should keep an eye on that type of business that could overnight become a dispensary. She agreed with the information Mr. Hill's brought up earlier. She thanked Mr. Markman for the report. She stated she would like for the City to adopt a ban against marijuana dispensaries. Mayor Kurth asked about what we can do about the "headshops." Chief Joe Cusimano,~• Rancho Cucamonga Police Department, stated it is not illegal to sell the items sold at the "headshops." He stated they are familiar with them and try to address complaints very aggressively. Mayor Kurth opened the item for public input. Addressing the City Council were: Paul Chabot stated he appreciated the Mayor's comments about the newspaper article. He stated their coalition is hoping for Rancho Cucamonga to become a leader against the dispensaries. He stated there is a drug paraphernalia shop in the Walmart Center. He hoped the City will look at an outright ban. Ed Hills hoped the City Council will move forward with this. He appreciated Councilmember Gutierrez for bringing the Resolution to the Council and hoped they will approve it. Leslie Grimes stated she appreciated what Councilmember Gutierrez is proposing for this. She talked about doctors that give out prescriptions like they are candy. She felt Mayor Kurth should possibly take a stronger stand. She stated this is a personal issue to her. She said she would like far the Mayor to retract what he said in the newspaper. John Lyons hoped the Council won't forget chrystal meth and said it is much more serious than marijuana. James Markman, City Attorney, felt prudently the Council should stick with the moratorium at this point, and if they did the ban right now they will have to repeal the moratorium, and then could potentially be subjected to somebody saying the ban is invalid and they might now have no way to stop the dispensaries. He felt the wise, courageous and prudent thing to do is stay with the moratorium. He stated he would assure everyone that before they come to the end of the moratorium time period, if we know nothing more than we know today, we would be putting a ban before the Council. He felt this would be the best choice at the time. He hoped we would know more by that time and that the Council would have a choice that has been secured through the appellate court. ACTION: Report received and filed. 03. LEGISLATIVE AND REGIONAL UPDATES (Verbal) Mayor Pro Tem Williams stated Congress is dealing with budget issues. She stated the Assembly and Senate in our State will be dealing with water issues. She mentioned health care issues are very big in our State at the current time. She stated eminent domain is also being discussed. R. IDENTIFICATION OF ITEMS FOK NEXT MEETING Councilmember Gutierrez stated he would like an item on the next agenda or a workshop to discuss his idea of a Resolution pertaining to the marijuana dispensaries. Councilmember Gutierrez stated Gary Lacy and the CHECK organization would like to address the Council again regarding a previous presentation he made regarding the Fire Department operations so that his findings can be analyzed. Redevelopment Agency, Fire Protection District and City Council Minutes October 3, 2007 Page 16 S. ADJOURNMENT The meeting adjourned at 10:35 p.m. Respectful) submitted, /1~ ~ ~~ ebra J. Adams, CMC Assistant Secretary/Secretary/City Clerk Approved: November 7, 2007