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HomeMy WebLinkAbout2007/10/17 - MinutesOctober 17, 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 17, 2007, in the Tapia Room of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order ai 5:55 p.m. by President/Mayor Donald J. Kurth, M.D. Present were Boardmembers/Councilmembers: Rex Gutierrez, L. Dennis Michael, Sam Spagnolo, Vice PresidenUMayor Pro Tem Williams, and PresidenUMayor Donald J. Kurth, M.D. Also present were: Pamela Easter, Assistant City Manager; D. Craig Fox, Assistant City Attorney; John Gillison, Deputy City Manager/Administrative Services; and Joe O'Neil, City Engineer. I3. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) PresidenUMayor Kurth announced the closed session items B1. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PER GOVERNMENT CODE SECTION 54956.9(A) -STEVE KILMER V CITY OF RANCHO CUCAMONGA & STEVE TAYLOR; CASE NUMBER RCV 074142 -City/Fire B2. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PER GOVERNMENT CODE SECTION 5495.9(A) - JR ENTERPRISES, LP V CITY OF RANCHO CUCAMONGA -CASE NUMBER RCV 090728 -City B3. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORNER OF BASELINE ROAD AND I-15, PARCEL NUMBER 0227-131-54 AND -61, MOHSEN GHANEIAN AND JOE O'NEIL, CITY ENGINEER, NEGOTIATING PARTIES, REGARDING TERMS OF PAYMENT -City 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 5:55 p.m. E. CITY MANAGER ANNOUNCEMENTS Redevelopment Agency, Fire Protection District and City Council Minutes October 17, 2007 Page 2 F. RECESS The closed session adjourned at 6:53 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 17, 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 7:03 p.m., with the Pledge of Allegiance led by Councilmember Sam Spagnolo who also gave a brief history of the Pledge of Allegiance. Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, L. Dennis Michael, Sam Spagnolo, Vice Chairman/Vice President/Mayor Pro Tem Diane Williams (arrived at 7:28 p.m.), and Chairman/PresidenUMayor Donald J. Kurth, M.D. Also present were: Pamela Easter, Assistant City Manager; D. Craig Fox, Assistant Legal Counsel/City Attorney; Fabian Villenas, Management Analyst III; James C. Frost, City Treasurer; John Gillison, Deputy City Manager/Administrative Services; Ingrid Bruce, GIS/Special Districts Manager; Lorraine Phong, Sr. Information Services Analyst; Shelly Munson Information Services Specialist II; Mahdi Aluzri, Deputy City Manager/Community Development; Joe O'Neil, City Engineer; Jon Gillespie, Traffic Engineer; James Troyer, Planning Director; Paula Pachon, Management Analyst III; Joe Pulcinella, Library Services Director; Chief Joe Cusimano, Rancho Cucamonga Police Department; Chief Peter Bryan, Rancho Cucamonga Fire Protection District; Shirr'I Griffin, Deputy City Clerk; and Debra J. Adams, Assistant Secretary/Secretary/City Clerk. H. ANNOUNCEMENTS/PRESENTATIONS H1. Presentation of "Founding the City of Rancho Cucamonga" by author and resident, Catherine Bridge. Catherine Bridge stated she wrote her book about the founding of the City of Rancho Cucamonga, which described the election process to incorporate the City. She stated the election was held November 8, 1977, whereby the name of the City and the 5 Councilmembers were decided by the voters. She stated the five Councilmembers elected were Jim Frost, Charles West, Phil Schlosser, Jon Mikels and Mike Palumbo. She presented her book to the Councilmembers and City Manager and added that people can contact her if they want to purchase one. H2. Presentation of a Proclamation in recognition of the 10`" Anniversary of Anthony's Italian Kitchen. The Mayor and City Council presented the Proclamation to Vinnie Indelicato. Councilmember Gutierrez stated this is an example of a true family business. Sam stated they are always willing to help out when a situation occurs and are always willing to donate. He thanked their family for all they have done. Redevelopment Agency, Fire Protection District and City Council Minutes October 17, 2007 Page 3 I. PUBLIC COMMUNICATIONS 11. Larry McMath wanted to talk about Item P3 pertaining to permit parking regulations. He stated he lives on Delpine and Berwick and stated the parking situation there is terrible. He stated safety is a terrible problem because of so many cars parked on the streets. He suggested no commercial vehicles be allowed to park on residential streets and possibly no overnight parking on residential streets. He felt a stop sign on Delpine and Berwick might also help. He stated this is a major safety problem and hoped there would be further discussion on this. (He submitted photos which are on file in the City Clerk's office.) Pamela Easter, Assistant City Manager, referred Mr. McMath to Joe O'Neil, City Engineer, to get assistance. 12. Ed Hills commended Councilmember Gutierrez for putting the marijuana item on the agenda Vice Chairman/Vice PresidenUMayor Pro Tem Williams arrived at 7:28 p.m. Mr. Hills stated the FDA has not approved the smoking of marijuana for any reason. He stated even the AMA feels it should be used only in the mast restrictive use for illness/disease. He talked about marijuana being unsafe with the possibility of developing a psychotic situation in the future for the person using it. He added he is pleased to see the Council taking a firm stand against the use of marijuana. 13. Gary Fernandez (see his letter which is on file in the City Clerk's office) reported to the Council about his dissatisfaction with various City personnel filing a criminal complaint against him for a garage conversion which he said he is innocent of. He hoped when he testifies in court, the judge will listen to his story. He stated he is not converting his garage into a habitable area. 14. Jim Moffatt stated at the last meeting the Council banned Styrofoam. He felt biodegradable Styrofoam should be allowed to be used. He stated this is affecting the Meals on Wheels program and that there needs to be a solution. He stated he volunteers at the USO and encouraged the Council to get involved by making contributions. He stated they are at the old terminal at Ontario Airport. He stated on October 27th Chaffey College is having their telethon and felt everyone should make a contribution to this. He stated his written solution to the use of Styrofoam is on file in the City Clerk's office. I5. Bill Hanlon displayed a pennant for a Gold Star Mom, which is given to the Mother of a soldier killed in action and can be shown from the window of their home. He told about an event to occur December lstto honor these Moms. He stated they will not be forgotten. He felt people should recognize the military as they keep us safe from terrorism. He asked people to come join them in their efforts. He asked people of Rancho Cucamonga and the Council to join them in their event. He stated his website is snowballexpress.org or that people can call his home at 946-6584. 16. Elizabeth Allerton wanted to address the Council about the day laborers in the City on Grove from San Bernardino Road to below Arrow Route. She felt the Police Department should be questioning the day laborers. She stated she is proud to belong to the Minutemen. She stated she didn't agree with Councilmember Gutierrez's position on the Minutemen. 17. Robin Hvidston stated she is with the Minuteman Project. She stated she liked Councilmember Spagnoto's message on the Pledge of Allegiance as cited at the beginning of the meeting. She stated they are putting on patriotic rallies near where the day laborers meet: She told about some of the people throwing things at their group and was alarmed that this happened in Rancho Cucamonga. She asked why employers are allowed to hire the day laborers. She didn't feel it was right for an employer to use Lee Wise garage lot to pick up and hire day laborers. She talked about the jay walking going on in this Redevelopment Agency, Fire Protection District and City Council Minutes October 17, 2007 Page 4 area by the day laborers. She submitted something from the City of Temecula and their efforts to stop day laborers, and also distributed a book to the Council entitled "1 Pledge Allegiance." 18. Raymond Herrera, Minuteman Project, stated the federal legislators are wanting the local municipalities to stop illegal immigration in their cities. He stated this is the first City Council they have addressed that just look the other way. He told about the illegal immigrants in hospitals and schools. He felt the Sheriff's Department allows the activity to occur on Grove and Arrow. He felt the Rancho Cucamonga Mayor and City Council has done nothing and should be voted out of office. 19. April Morell, resident for seven years, wanted to discuss the parking situation at the mall. She stated finding parking at the mall is a nightmare. She felt there were too many spaces designated for motorcycles and bikes, and felt they are rarely if ever used. She felt the City should do something to make parking easier and eliminate some of these parking spaces. Pam Easter, Assistant City Manager, stated this is private property and that the Redevelopment Director will pass this concern on. 110. John Lyons felt the construction on Foothill between Rochester and Etiwanda should be done at night. He stated the Minutemen have some good ideas. He stated people are picking on the Police Department, but felt they do a good job protecting the residents. He stated he supports them. He felt the Council is doing an outstanding job. He mentioned Gary Lacy's item on the agenda and stated he would like to speak on it after the item is presented. He told about recently attending Bob button's campaign kick off bash. 111. Jocelyn Canzoneri stated she has written a book and hoped one day to get it published. She read various passages from her book. 112. Tony Mize reminded everyone they are getting towards the end of their second PAL Campaign house raffle. He told about the drawings to occur in the future and some of the winners in the past. He stated the money received from this goes to the Cultural Center. He stated the next deadline to buy tickets for the bonus drawing is midnight on Halloween. He stated that drawing will be November 10th. He stated the final deadline to purchase tickets is December 4th, with the final big drawing on Saturday, December 15th to be held at the Cultural Center. He stated the website is rcpalhouserafffel.org. He encouraged people to buy tickets. J• AGENCY/FIRE BOARD/COUNCIL RESPONSES TO PUBLIC COMMENTS Councilmember Spagnolo applauded Bill Hanlon for his dedication to the United States of America and the military. He felt people should support his cause. He asked if the Police Chief can look into the day laborer situation on Grove and see if there is something that can be done to help the businesses and curtail the activities that occur on a daily basis. Councilmember Gutierrez stated the City is doing what they can to solve the concerns of the issues that people are bringing forward to them, i.e. the Minutemen issues, permit parking, etc. He stated the day laborer is a very delicate situation, which will have to be coordinated with Upland also. He stated he has worked very hard to get on the Council and does try to help the residents. He stated Rancho Cucamonga is looking at models from other cities with regards to the day laborer issues. Councilmember Michael stated it is not the Council's responsibility to debate the public comments. He stated no one on the Council supports illegal activity of any kind. He said the Council knows that day laborers are a problem in the City. He stated he doesn't like what is going on at Grove/Arrow. He stated he and everyone on the Council takes their job seriously. Redevelopment Agency, Fire Protection District and City Council Minutes October 17, 2007 Page 5 Mayor Pro Tem Williams stated Councilmember Michael summed up what she wanted to say. She stated because of laws it is difficult for the City to act on the day laborer issue. She agreed that Police Chief Cusimano should look at this to see if there is anything that can be done. She commented on the PAL Campaign efforts for the house raffle and encouraged everyone to buy their tickets. Mayor Kurth stated the Council takes all comments seriously. He stated he is angry that the government can't do something with the marijuana and day laborer issues, but instead they dump this on each City in California. He stated the staff, including the Police Department, are outstanding and are working to find solutions on the various issues the best they can. He stated the Council shares the people's frustration. K. CONSENT CALENDAR -REDEVELOPMENT AGENCY K1. Approval of Minutes: September 5, 2007 (Regular Meeting) September 10, 2007 (Special Meeting -Team Building Review - Kurth absent) October 3, 2007 (Special Meeting re Proposed Arrow Route Center - Michael absent) K2. Approval of Check Register dated September 26 through October 9, 2007, for the total amount of $1, 058, 855.93. K3. Approve to receive and file current Investment Schedule as of September 30, 2007. K4. Approval of specifications for Epicenter Stadium Seat Replacement and Cross Aisle and Seat Waterproofing" and authorize the City Clerk to advertise the "Notice Inviting Bids" to be funded from RDA Stadium Complex Capital Improvement Fund and RDA Tax Allocation Bond proceeds, and authorize the City Engineer to award a contract to the lowest responsive, responsible bidder and provide the Agency with a comprehensive bid summary at the November 7, 2007 meeting. RESOLUTION NO. RA 07-024 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR "EPICENTER STADIUM SEAT REPLACEMENT AND CROSS AISLE AND SEAT WATERPROOFING" AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS K5. Approval to award and authorize the execution of a Professional Services Agreement (CO RA 07- 019) in the amount of $800,000 to Dan Guerra and Associates, and authorize the expenditure of a 10% contingency in the amount of $80,000 for the design of the pacific Electric Inland Empire Trail from Grove Avenue to Amethyst Avenue (Phases 4a and 4b), and the Vista Park along the north side of Foothill Boulevard east of Pacific Electric Inland Empire Trail, to be funded from Beautification Fees, Account No. 11103165650/1615110-0, Park Development Fees, Account Nos. 1 1 203 05 5650/1 5 441 20-0 and 11203055650/1615120-0, and 2004 Tax Allocation Bond Funds, Account No. 2 6608 01 56 50/1 1 8 9 6 60-0; and appropriate an amount of $475,000 to Account No. 2 6608 01 5650/1 1 8 9 660-0 from 2004 Tax Allocation Bond Fund Balance. REMOVED FOR DISCUSSION BY AGENCYMEMBER WILLIAMS. K6. Approval to award a Contract (CO RA 07-020) to Emcor Service for the "Animal Care Center Air Conditioning/Ventilation Upgrade" project in the amount of $1,495,450 and authorize the expenditure of a contingency in the amount of $225,000 funded from Account No. 2650801-5650/1654650-0 and appropriate $1,720,450 into Account No. 2650801-5650/1654650-0. Redevelopment Agency, Fire Protection District and City Council Minutes October 17, 2007 Page 6 MOTION: Moved by Williams, seconded by Spagnolo to approve the staff recommendations in the staff reports contained within the Consent Calendar, with the exception of item K5. Motion carried unanimously 5-0. DISCUSSION OF ITEM 5. Mayor Pro Tem Williams stated this is the final leg of the trail construction. She stated October 27th is the dedication of the trail from Amethyst to Etiwanda, and invited everyone to come out for this event, which will be held at Central Park. She challenged her fellow Councilmembers to ride bikes donated by REI for the dedication ceremony. Joe O'Neil, City Engineer, stated it will be about two years before the entire trail is completed. MOTION: Moved by Williams, seconded by Gutierrez to approve item K5. Motion carried unanimously 5- 0. L. CONSENT CALENDAR -FIRE PROTECTION DISTRICT L7. Approval of Minutes: September 4, 2007 (Special Meeting for presentations) September 5, 2007 (Regular Meeting) September 10, 2007 (Special Meeting -Team Building Review - Kurth absent) L8. Approval of Check Register dated September 26 through October 9, 2007, for the total amount of $258,166.45. L9. Approval to receive and file current Investment Schedule as of September 30, 2007. L10. Approval to purchase two (2) Ford Escape Hybrids for the Fire District from Sunrise Ford of Fontana, California, in the amount of $47,665, funded by Acct. No. 3289501-5604 (Capital Outlay - Vehicles), as approved in the adopted Fiscal Year 2007/08 Budget. L11. Approval to adopt a boundary map showing parcel numbers 0209-151-27 & 37 (CalEast Phelan 8'h and Vineyard, LLC), located on the south side of 8'h St., west of Hellman Avenue, to be annexed into CFD No. 85-1. RESOLUTION NO. FD 07-054 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, ADOPTING A BOUNDARY MAP (ANNEXATION NO. 07-8) SHOWING PROPERTY TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 85-1 L12. Approval to adopt a Resolution of Intention to Annex Territory referred to as Annexation No. 07-8 (APN: 0209-151-27 & 37; CalEast Phelan 8'h & Vineyard, LLC), into Community Facilities District No. 85- 1, specifying facilities and services provided, to set and specify the special taxes to be levied within the annexation and set a time and place for a public hearing related to the annexation. Redevelopment Agency, Fire Protection District and City Council Minutes October 17, 2007 Page 7 RESOLUTION NO. FD 07-055 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION NO. 07-8) TO COMMUNITY FACILITIES DISTRICT NO. 85-1 L13. Approval of a Resolution declaring results of a Special Election in Community Facilities District No. 85-1, Annexation No. 07-7 (Alder creek, LLC - SUBTT17769) RESOLUTION NO. FD 07-056 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 85-1, ANNEXATION NO. 07-7 L14. Approval to award a Contract (CO FD 07-014 / CO 07-194) for the purchase of gasoline and diesel fuel from Southern Counties Oil Co., LTD (SC Fuels) for Fleet Maintenance, Police Department and Fire District through a competitive bid process, in annual amounts as per adopted budget, fund by Acct. Nos. 1001317-5255 (Fleet), 1001317-5256 (Fleet), 1001701-5255 (Police Department), 3281527- 5255 (Fire District), and 3281527-5256 (Fire District), and approval for the remainder of Fiscal Year 2007/08, with an option to renew upon mutual consent for additional one (1) year periods up to a total of three (3) years. MOTION: Moved by Michael, seconded by Gutierrez to approve the staff recommendations in the staff reports contained in the Consent Calendar. Motion carried unanimously 5-0. M. CONSENT CALENDAR -CITY. COUNCIL M15. Approval of Minutes: September 4, 2007 (Special Meeting for presentations) September 5, 2007 (Regular Meeting) September 10, 2007 (Special Meeting -Team Building Review- Kurth absent) October 3, 2007 (Special Meeting re Proposed Arrow Route Center - Michael absent) M16. Approval of Check Register dated September 26 through October 9, 2007, and payroll ending October 9, 2007, for the total amount of $7,054,865.21. M17. Approval to receive and file current Investment Schedule as of September 30, 2007. M18. Approval of the Community Services Department Update. M19. Approval to purchase eleven (11) Ford Escape Hybrid vehicles from Sunrise Ford of Fontana, California, through a competitive bid process, in the amount of $282,574, funded as follows: Ten (10) vehicles in the amount of $256,886 funded by Acct. No. 1712001-5604 (Vehicle Replacement Fund) and one (1) vehicle in the amount of $25,688 funded by Acct. No. 1139303-5604 (LMD 9), as approved in the adopted Fiscal Year 2007/08 Budget. Redevelopment Agency, Fire Protection District and City Council Minutes October 17, 2007 Page 8 M20. Approval of Drainage Reimbursements for the Etiwanda/San Sevaine Area Master Plan for fiscal year 2006/2007 and appropriation of $111,024.00 to Account No. 1 1 1 6 303-56 50/1 02 61 1 6-0. M21. Approval to amend the Contract to R.J. Noble Company (CO 07-041) in the amount of $130,000.00 for the Local Street Pavement Rehabilitation -Overlay of Various Streets, and appropriate $80,000.00 to Acct. No. 1 1 9 0303-565 0/1 02 21 9 0-0 from Prop 42 Traffic Relief Fund Balance. M22. Approval to award a Contract (CO 07-194 / FD 07-014) for the purchase of gasoline and diesel fuel from Southern Counties Oil Co., LTD (SC Fuels) for Fleet Maintenance, Police Department and Fire District through a competitive bid process, in annual amounts as per adopted budget, fund by Acct. Nos. 1001317-5255 (Fleet), 1001317-5256 (Fleet), 1001701-5255 (Police Department), 3281527-5255 (Fire District), and 3281527-5256 (Fire District), and approval for the remainder of Fiscal Year 2007/08, with an option to renew upon mutual consent for additional one (1) year periods up to a total of three (3) years. M23. Approval to award and authorize the execution of a Contract (CO 07-193) between the City of Rancho Cucamonga and Moosepoint Technology, Inc. for Geosmart Software Applications to be utilized on the City's Intranet and Internet in the amount of $55,330.00 funded by Account No. 1714001-5152. M24. Approval to award and authorize the execution of a Professional Services Agreement (CO 07- 195 / RA 07-019) in the amount of $800,000 to Dan Guerra and Associates, and authorize the expenditure of a 10% contingency in the amount of $80,000 for the design of the Pacific Electric Inland Empire Trail from Grove Avenue to Amethyst Avenue (Phases 4a and 4b), and the Vista Park along the north side of Foothill Boulevard east of Pacific Electric Inland Empire Trail, to be funded from Beautification Fees, Account No. 1 1 1 031 65650/1 61 51 1 0-0, Park Development Fees, Account Nos. 1 1 20 30 5 56 50/1 5441 20-0 and 1 1 2 0 30 556 50/1 61 51 2 0-0, and 2004 Tax Allocation Band Funds, Account No. 26608015650/1189660-0; and appropriate an amount of $475,000 to Account No. 26608015650/1189660-0 from 2004 Tax Allocation Bond Fund Balance. M25. Approval of an amendment to Joint Community Facilities Agreement (CO 04-172) by and among the City of Rancho Cucamonga, the Etiwanda School District and Rancho 2004, LLC and relates to the formation of the Henderson Creek Public Facilities Community Facilities District No. 2004-2 of the Etiwanda School District. M26. Approval to accept the Rancho Crossing 12 KV Electrical Distribution System, Cabling, Connections and Equipment Project, located on the south side of Foothill Boulevard, west of the I-15 Freeway, Contract No. 07-017, accept the project as complete, retain the Faithful Performance Bond as a Guarantee Bond, release the Labor and Material Bond, authorize the City Engineer to file a Notice of Completion, approve contract change order in the amount of $48,956.02, approve the final contract amount of $126,774.57 and approve an appropriation in the amount of $41,174.17 to Acct. No. 1705303- 5650/1397705-0 from Municipal Utility Fund Balance. RESOLUTION NO. 07-240 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE RANCHO CROSSING 12 KV ELECTRICAL DISTRIBUTION SYSTEM, CABLING, CONNECTIONS AND EQUIPMENT PROJECT, CONTRACT NO. 07- 017, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK M27. Approval of Improvement Agreement Extension for DRC 2003-00719, located on the Northeast corner of Day Creek Boulevard and Highland Avenue, submitted by Pacific Globe, LLC. Redevelopment Agency, Fire Protection District and City Council Minutes October 17, 2007 Page 9 RESOLUTION NO. 07-241 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR DRC2003-00719 M28. Approval of Improvement Agreement Extension far Tract 16882, located on the North side of Foothill Boulevard, east of Etiwanda Avenue, submitted by Lewis Investment Company, LLC. RESOLUTION NO. 07-242 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16882 M29. Approval of Improvement Agreement Extension for DRC2002-00322, located at Whirlaway and Tolstoy Ranch Road, submitted by Jesse Ash. RESOLUTION NO. 07-243 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR DRC2002-00322 M30. Approval of Improvement Agreement Extension for Tract Nos. 17487 and 17840, located South of Church Street and East of Day Creek Boulevard, submitted by Shea Homes, LP. RESOLUTION NO. 07-244 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT NOS. 17487 AND 17840 M31. Approval of Improvement Agreement Extension far Tract 16311, located at the Southeast corner of Hellman Avenue and 6'h Street, submitted by Crestwood Corporation. RESOLUTION NO. 07-245 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16311 M32. Approval of Improvement Agreement Extension for DRC2004-01244, located at the Northeast corner of Civic Center Drive and Red Oak Drive, submitted by Abundant Living Family Church. RESOLUTION NO. 07-246 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR DRC2004-01244 Redevelopment Agency, Fire Protection District and City Council Minutes October 17, 2007 Page 10 M33. Approval to accept the Almond Box Culvert east of Hermosa, Contract No. 07-076, 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 $272,920.00. RESOLUTION NO. 07-247 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE ALMOND BOX CULVERT EAST OF HERMOSA, CONTRACT NO. 07-076, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK M34. Approval to release the Maintenance Cash Deposit for DRC2003-00213, located on the East side of Milliken Avenue, north of 4'h Street, submitted by Fairmont Hospitality. M35. Approval to release the Faithful Performance Bond No. 6205455, which was held on October 4, 2006, as a Maintenance Bond in the amount of $1,091,488.00 for the Base Line Road Traffic Signal Interconnect, Contract No. 03-078. M36. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond and file a Notice of Completion for Improvements for Tract 16466, located north of Banyan Street between Etiwanda and Bluegrass Avenues, submitted by Carriage Estates, III, LLC. RESOLUTION NO. 07-248 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16466 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Williams, seconded by Michael to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 5-0. N. CONSENT ORDINANCES 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 Councilmember Spagnolo asked Joe Pulcinella, Animal Services Director, to clarify the Ordinance on page 178 under "C." ORDINANCE NO. 782 (second reading) Redevelopment Agency, Fire Protection District and City Council Minutes October 17, 2007 Page 11 Joe Pulcinella, Animal Services Director, clarified that the first letter informs the owner of the dog that there is a complaint and how to handle the barking dog. Councilmember Spagnolo asked what if [he complaint is just an issue of a neighbor complaining about another neighbor's dog. Joe Pulcinella, Animal Services Director, stated before they take any further action, they would have to have two complaints. He stated the initial letter isn't very heavy handed, but just to warn the owner that there is a complaint. Mayor Pro Tem Williams felt it should be verified before any letter is sent. Councilmember Spagnolo felt before any letter is sent out there should be two complaints. Councilmember Gutierrez asked if the complaining party has to give their name. Joe Pulcinella, Animal Services Director, stated yes. He stated by sending out the first letter that it really does alleviate the barking dog problem. Craig Fox, Assistant City Attorney, pointed out that the complaint form also has to be signed under penalty of perjury before the second letter is sent out. Councilmember Michael felt the first letter is more appropriate than sending an officer when the first complaint is received. He stated he is also concerned about the manpower to check on a first complaint call. Craig Fox, Assistant City Attorney, stated the County of Orange and Brea are also considering this same type of program. Joe Pulcinella, Animal Services Director, stated again that mast of the time the first letter takes care of the barking dog issue. Mayor Kurth felt this should be reviewed in a year to see how it is working. Debra J. Adams, City Clerk, read the title of Ordinance No. 782. MOTION: Moved by Gutierrez, seconded by Williams to waive full reading and approve Ordinance No. 782. Motion carried unanimously 5-0. O. ADVERTISED PUBLIC HEARINGS CITY COUNCIL Mayor Pro Tem Williams asked after the photo is taken does it still go through the Police Department. A staff report and power point presentation were given by Fabian Villenas, Management Analyst III, which is an file in the City Clerk's office. Redevelopment Agency, Fire Protection District and City Council Minutes October 17, 2007 Page 12 Fabian Villenas, Management Analyst III, stated all the evidence is sent to the Police Department, and that a deputy would evaluate it tc determine if it is valid or not. Mayor Kurth asked about the length of the contract. Fabian Villenas, Management Analyst III, stated it is for two years with two -one year options included. Councilmember Michael stated he likes the look of this system better than what we have currently with Nestor. He stated he likes the idea that this won't cost the taxpayers any money for this system. He stated this is another tool to help our deputies so they can do more proactive patrol. Mayor Kurth opened the meeting for public hearing. Addressing the City Council was: John Lyons felt there was a problem with this system and identified how someone can get out of paying for a ticket. There being no further input, the public hearing was closed. Councilmember Michael felt this system was much more efficient and would be easier to uphold it in Court. MOTION: Moved by Michael, seconded by Spagnolo to approve the contract. Motion carried unanimously 5-0. P. COUNCIL BUSINESS P1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Councilmember Spagnolo stated last Saturday he represented the Council at Henry's Market Center and commented on the Buffalo Wings Restaurant that opened. He stated this was their 23rd store to open, and how much they knew about Rancho Cucamonga. Mayor Pro Tem Williams stated the Rancho Cucamonga Rotary Club donated $15,000 to the Cultural Center. She said they have come up with a new fundraising idea which is a Texas Hold Em Poker Tournament to be held November 11th at Etiwanda Gardens. She said it should be a great event. P2. PRESENTATION BY GARY LACY ENTITLED "DEFINING THE APPROPRIATE ALLOCATION OF PUBLIC SAFETY RESOURCES" A power point presentation was given by Gary Lacy which is on file in the City•Clerk's'ofiice. He was assisted by Victor Garcia and Louie Gustis. Councilmember Michael mentioned the workshop that is scheduled for November 8th where this information can be discussed further at that time. P3. DISCUSSION OF PERMIT PARKING REGULATIONS -Gutierrez A staff report was presented by Jon Gillespie, Traffic Engineer. Mayor Pro Tem Williams felt we do not have enough on site parking at condo and apartment complexes A resident from the area of Belpine and Berwick talked about the shortage of parking in their area. Councilmember Michael suggested we send someone out to the area and check it out. Redevelopment Agency, Fire Protection District and City Council Minutes October 17, 2007 Page 13 James Troyer, Planning Director, stated they could look at the case file and see if the parking is adequate. Mayor Kurth asked why the schools don't have enough parking. Mayor Pro Tem Williams stated it is because the State doesn't have the requirements to make them have enough. Councilmember Gutierrez stated his other concern is the Los Osos area. He stated most of the time the two hour parking from 8:00 a.m. - 4:00 p.m. does work for the neighborhoods. He wasn't sure this would work in this area. Mayor Pro Tem Williams suggested the Public Works Subcommittee look at this further. Councilmember Gutierrez didn't think our deputies should be out marking cars. Mayor Pro Tem Williams felt we should look to see how other cities monitor this. Councilmember Michael felt Mr. Gillespie should take his chart and add another column on haw other cities enforce their programs. Councilmember Gutierrez stated he doesn't want a law that restricts residents from parking a second or third car on the street. Staff stated they will follow up on the comments previously made with regards to the parking requirements for the condo development and provide that information to the Council. ACTION: Report received and filed. P4. DISCUSSION/CONSIDERATION OF MEDICAL MARIJUANA RESOLUTION -Gutierrez (Oral) RESOLUTION NO. 07-249 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, URGING THE GOVERNOR, LEGISLATURE AND LOCAL GOVERNMENTS TO JOIN THE CITY IN ADVOCATING THE REVISION OF PROPOSITION 215 TO MINIMIZE THE ABUSE OF MARIJUANA Councilmember Gutierrez stated Mr. Hills had challenged the Council to take a stand on this issue. He stated he has created a Resolution pertaining to this. He stated he brought this up because he felt it affected our kids. He hoped this could be discussed further in the form of a workshop. Councilmember Michael didn't feel a workshop was needed for the Council to take a step in the form of a Resolution. He suggested this be taken tc the League's Legislative Committee to pursue. Councilmember Gutierrez stated it is l;is intent to send the Resolution to other cities to look at this and possibly take an action, including sending it to the League of Cities. Mayor Kurth stated he had staff help him with a letter that he read, which is on file in the office of the City Clerk, which was addressed to the Governor. Mayor Pro Tem Williams felt that was a great first step. She hoped the whole Inland Empire would build a strong case pertaining to this. She commented there are tremendous loopholes in Prop 215. She felt it was good for Rancho Cucamonga to take the lead. She did not feel the Resolution had enough force to it. Councilmember Gutierrez didn't feel the letter had enough force and added he would like to work with the Mayor on this. Redevelopment Agency, Fire Protection District and City Council Minutes October 17, 2007 Page 14 Councilmember Spagnolo pointed out that City Attorney Markman had suggested the City stick with the moratorium. He stated he likes the letter to the Governor. He agreed with Mayor Pro Tem Williams on getting the League involved also. Councilmember Michael suggested the letter that is sent to the Governor also be sent with a cover letter to all the Mayor's in our County. The Council concurred. Mayor Pro Tem Williams suggested the City organize something with all the schools and their parents to inform them about drugs. Mayor Kurth felt a study should be done in the schools to see what drugs are being used. Pamela Easter, Assistant City Manager, had a suggestion on the letter wording and stated she would work with the Mayor on finalizing the wording. Councilmember Gutierrez asked that he also be included in the finalization of the letter. MOTION: Moved by Spagnolo, seconded by Williams to send the Mayor's suggested letter with corrections to the Governor. Mayor Pro Tem Williams suggested this be brought up by Councilmember Michael to the League's Legislative Task Force also. Motion carried unanimously 5-0. Q. IDENTIFICATION OF ITEMS FOR NEXT MEETING Na items were identified for the next meeting. ' S. ADJOURNMENT The meeting adjourned at 11:11 p.m. Respectfully submitted, ,p~,:~~~~~rt.~;~ bra J. Ada MC Assistant Secretary/Secretary/City Clerk Approved: November 7, 2007