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HomeMy WebLinkAbout2002/11/06 - Minutes November 6, 2002 CITY OF RANCHO CUCAMONGA CITY COUNCIL SPECIAL CLOSED SESSION MINUTES A. CALL TO ORDER The Rancho Cucamonga City Councit held a special closed session on Wednesday, November 6, 2002, in the Tapia Room of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:30 p.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, Grace Curatalo, Bob Dutton, Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; and James Markman, City Attorney. B. ANNOUNCEMENT OF CLOSED SESSION ITEMS Mayor Alexander announced the closed session items. B1. CONFERENCE WITH LEGAL COUNSEL REGARDtNG PENDING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (bl) - PERSONNEL MATTERS C. COMMUNICATIONS FROM THE PUBLIC ON CLOSED SESSION ITEMS 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. RECESS The closed session recessed at 6:40 p.m. with no action taken. CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meeting A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, November 6, 2002, 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 7:02 p.m. City Council Minutes November 6, 2002 Page 2 Present were Councilmembers: Paul Biane, Grace Curatalo, Bob Dutton, Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Linda D. Daniels, RDA Director; Jan Reynolds, RDA Analyst; Jim Frost, City Treasurer; Larry Temple, Administrative Services Director; Lorraine Phong, Information Systems Analyst; Michael Toy, Information Systems Specialist; Joe O'Neil, City Engineer; Dan James, Sr. Civil Engineer; Maria Perez, Assistant Engineer; Walt Stickney, Associate Engineer; Brad Bullet, City Planner; Debra Meier, Contract Planner; John Thomas, Acting Building Official; Kevin McArdle, Community Services Director; Paula Pachon, Management Analyst III; Dave Moore, Recreation Superintendent; Captain Pete Ortiz, Rancho Cucamonga Police Department; Staci Johnson, Crime Prevention - Police Department; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Duane Baker, Assistant to the City Manager; Kimbedy Thomas, Management Analyst II; Shirr'l Griffin, Office Specialist II - City Clerk's office; and Kathryn L. Scott, Deputy City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS BI. Presentation in recognition of Red Ribbon Week including the presentation of a Proclamation and Certificates to the Red Ribbon Contest winners. Paula Pachon, Management Analyst Ill, explained what Red Ribbon Week is and how it came about. She also presented a power point presentation. Mayor Alexander and Paula Pachon presented certificates to the winners. Mayor Alexander presented the Proclamation to Paula Pachon, Management Analyst III. B2. Presentation of a Proclamation in recognition of the Inland Empire Race for the Cure Month. CONTINUED FROM OCTOBER 2, 2002. Susan G. Komen could not be present tonight. Mayor Alexander commented on the amount of money that had been raised for breast cancer research this year, and read the Proclamation that had been prepared. B3. Presentation of a Proclamation in recognition of Crime Prevention Month 2002 and Certificates of Recognition to Crime Prevention Community Heroes. Po]ice Chief Pete Ortiz and Staci ,Johnson, Crime Prevention/Public Information Officer, assisted the Mayor with the presentation of the cedificates. Mayor Alexander presented the Proclamation. B4. Presentation of a Proclamation in recognition of Diane Gunther, Rancho Cucamonga's 2002 LA Fair Community Hero. Mayor Alexander presented the Proclamation to Diane Gunther. B5. ADDED ITEM - Announcement by Mayor Alexander of Veteran's Day, Monday, November 11, 2002 to acknowledge the contributions of those that serve our country at home and abroad. He said the Senior Center would hold a tribute at 10 am on November 7, 2002. City Council Minutes November 6, 2002 Page 3 B6. ADDED ITEM - Gwyn and Jim Frost announced the City's 25th Anniversary to be held on November 30. She felt that at the beginning of each meeting a tidbit about the incorporation of the City should be presented. They also informed everyone about the Veteran's Day Ceremony to be held at Alta Loma High School on Sunday, November 10, 2002. C. COMMUNICATIONS FROM THE PUBLIC C1. John Lyons congratulated Grace Curatalo on the great job she has done on the Council. He also congratulated Mayor Alexander and Councilmembers Bob Dutton and Paul Biane on their victories. C2. Melanie lngram, 8021 Rosebud, stated she would like to see the candidate's forum and was wondering if she could borrow the tape to see it. She congratulated the candidates on their successes. She stated she would like to see a special election to fill the two vacancies. She also stated she would like to give an update on the Colonies Project. She continued to comment on the lawsuit against that project. D. CONSENT CALENDAR Jack Lam, City Manager, stated that a items 10 and 11 are duplicates of each other, just worded differently. He read the title (see item Dll) that should have been on the agenda. He stated since it did not read this way, he stated D10 should be eliminated and Dll would have the correct wording and be added to the agenda. MOTION: Moved by Williams, seconded by Curatalo to add item D11. Motion carried unanimously 5- 0. D1. Approval of Minutes: September 18, 2002 October 2, 2002 October 22, 2002 (Special Meeting - Biane &Dutton absent) D2. Approval of Warrants, Register October 9 through October 29, 2002, and Payroll ending October 6, 2002, for the total amount of $5,489,253.06. D3. Approval to expend up to $50,000 from Acct. No. 10163015300 for the purpose of converting 16mm microfilm and building plans to digital images and approval of single source vendor - Delta Microlmaging. D4. Approval to authorize the City Engineer to accept grant revenue in the amount of $113,550 from the California Energy Commission into Acct. No. 1001000-4740 (Grant Revenue) to offset the cost of installing traffic signal battery backup units in the prior year. RESOLUTION NO. 02-280 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE GRANT APPLICATION FOR A BATTERY BACKUP SYSTEM AND AUTHORIZING THE CITY ENGINEER TO EXECUTE ALL NECESSARY DOCUMENTS TO IMPLEMENT AND CARRY OUT THE PURPOSE OF THE RESOLUTION City Council Minutes November 6, 2002 Page 4 D5. Approval of Declaration of Easement Amendment and Restatement between Nakano Foods, Inc., and Biane Family Properties, LLC, located along Eighth Street west of Hermosa Avenue. BIANE ABSTAINED FROM VOTING ON THIS ITEM. RESOLUTION NO. 02-281 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING MODIFICATIONS TO DECLARATION OF EASEMENT AMENDMENT AND RESTATEMENT BETWEEN NAKANO FOODS, INC., AND BIANE FAMILY PROPERTIES, LLC, LOCATED ALONG EIGHTH STREET WEST OF HERMOSA AVENUE D6. Approval of acceptance of the 24-foot Offer of Dedication over Parcel 2 as shown on parcel Map 3213 for an easement for highway and road purposes for a podion of the west side of East Avenue, north of Banyan Street (formerly Summit Avenue). RESOLUTION NO. 02-282 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THAT 24-FOOT OFFER OF DEDICATION FOR HIGHWAY AND ROAD PURPOSES (BEING A PORTION OF EAST AVENUE) OVER PARCEL 2 AS SHOWN ON PARCEL MAP 3213 D7. Approval of acceptance of Offer of Reserve Parcels for street purposes, offered as one-foot wide lots A, B, and C of Tract 9521, at the termini of Carrari Court, Whirlaway Street and Klusman Avenue, located west of Archibald Avenue and north of Hillside Road. RESOLUTION NO. 02-283 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING AN OFFER OF RESERVE PARCELS FOR STREET PURPOSES, OFFERED AS ONE-FOOT WIDE LOTS A, B AND C OF TRACT 9521, AT THE TERMINI OF CARRARI COURT, WHIRLAWAY STREET AND KLUSMAN AVENUE, LOCATED WET OF ARCHIBALD AVENUE AND NORTH OF HILLSIDE ROAD D8. Approval of Map, Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for Parcel Map 15732, located at the southeast corner of Center Avenue and Dorset Street, submitted by W.F. Construction, Inc. RESOLUTION NO. 02-284 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 15732, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO. 02-285 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR PARCEL MAP 15732 City Council Minutes November 6, 2002 Page $ D9. Approval of Map, Improvement Agreement, Improvement Securities, Monumentation Cash Deposit and Ordering the Annexation to Landscape Maintenance District Ne. 2 and Street Lighting Maintenance District Nos. 1 and 3 for Tract Map 16334, located at the southeast corner of the intersection of Rochester Avenue and the Southern Pacific Railroad Right-of-Way, submitted by Richmond American Homes, Inc., a Colorado Corporation. RESOLUTION NO. 02-286 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 16334, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT RESOLUTION NO. 02-287 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AN 3 FOR TRACT 16334 D10. Approval to accept property located at 12467 Base Line Road (Regina Winery) from the Rancho Cucamonga Redevelopment Agency. THIS ITEM WAS DUPLICATED. SEE WORDING FOR ITEM Dll. D11. ADDED ITEM -Approval and authorization to execute a Ground Lease Agreement between the City of Rancho Cucamonga and J. Filippi Winery (CO 02-131) for property located at 12467 Base Line Road. D12. Approval to accept property located at 12467 Base Line Road and Assumption of Existing Lease with J. Filippi Winery (CO RA 98-020) from the Rancho Cucamonga Redevelopment Agency. D13. Approval of Contract Amendment with Mariposa Horticultural Enterprises, Inc., for the maintenance contract for General Fund and LMD 1 Parks and Sties (CO 93-006). D14. Approval of the Professional Services Agreement with Beard, Provencher & Associates, Inc. (BPA) (CO 02-122) to provide supplemental plan review and inspection services as necessary to meet the service level of the public and the development community. D15. Approval to increase the contract award with Boyle Engineering Corporation (CO 02-087) for preparation of construction plans, specifications, and construction cost estimates for the Pacific Electric Inland Empire Trail, from Haven Avenue to approximately 1,200 feet east of Etiwanda Avenue, to be funded from Acct. No. 11103165300 for the amount of $43,665. D16. Approval of the Professional Services Agreement with ESGIL Corp. (CO 02-123) to provide supplemental plan review as necessary to meet the ongoing service requests of the development community. D17. Approval to award and execute the Playground Sand Replacement at Various City parks contract to KCE Co. (CO 02-124) of Upland, California, in the amount of $103,200 ($97,800 plus $5,400 contingency) funded from Acct. Nos. 1120305-5650/1305120-0 ($69,700), 1120305-5650/1306120-0 ($20,500), and 1120305-5650/1307120-0 ($13,000). City Council Minutes November 6, 2002 Page 6 D18. Approva~ to appropriate up to $150,000 into Acct. No. 1001314-5300 for contract services with Lilbum Corporation (CO 02-125) relating to environmental review work in association with development projects as required by California Environmental Quality Act (CEQA). D19. Approval to appropriate funds in the amount of $25,000 (Acct. No. 1120305-5650/1449120-0) and approval of an agreement for reimbursement between the City of Rancho Cucamonga, Rancho Little League and Vineyard Little League (CO 02-126) for the acquisition and installation of one scoreboard at the Rancho Cucamonga Epicenter and Sports Complex. D20. Approval of Professional Services Agreement with Willdan (CO 02-127) to provide supplemental plan review and inspection services as necessary to meet the ongoing service requests of the development community. D21. Approval to appropriate an additional $160,000 into Acct. Nos. 1001000-4509 (Planning-Special Service Fees) and 1001314-5303 (Contract Services-Reimbursable) to fund a developer-reimbursed Environmental Impact Repod (EIR) for a 359-1ot subdivision, development agreement, and annexation application and to fund future projects anticipated for Fiscal year 2002/03. D22. Approval to accept improvements, release the Faithful Performance Bond, and file a Notice of Completion for improvements for CUP 98-26, submitted by Norm Wilson & Sons, located on the northeast corner of Pittsburgh Avenue and Mission Vista Drive. RESOLUTION NO. 02-288 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CUP 98-26 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D23. Approval to release Maintenance Guarantee Bond for CUP 99-10, located on the southeast corner of Carnelian and Nineteenth Streets, submitted by Evergreen Devco, Incorporated. D24. Approval to accept improvements, release the Faithful Performance Bond, and file a Notice of Completion for improvements for DR 99-61, submitted by 7th Street Pacific, LLC, located at the northwest corner of 7th Street and Malachite Avenue. RESOLUTION NO. 02-289 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 99-61 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Williams, seconded by Curatalo to approve the staff recommendations in the staff reports as indicated in the Consent Calendar as corrected, with Biane abstaining from item D5. Motion carried unanimously 5-0. E. CONSENT ORDINANCES No Items Submitted. City Council Minutes November 6, 2002 Page 7 F. ADVERTISED PUBLIC HEARINGS Fl. DEVELOPMENT AGREEMENT DRC2002-00770 - KISCO SENIOR LIVING - A proposed Development Agreement (CO 02-128) to permit a parking ratio of 1.15 parking space per unit for an age-restricted apartment community of 264 units on 9.6 acres of land in Planning Area 8 of the Subarea 18 Specific Plan, located at the southwest corner of Fairview Place and 6th Street - APN: 210-082-53 thru 57. This project is based on the Environmental Impact Reports prepared for the Subarea 18 Specific Plan and the General Plan Update certified by the City of Rancho Cucamonga in 1994 and 2001, respectively. This project is within the scope of these prior environmental documents and does not raise or create new environmental impacts not already considered in the certified EIRs. Staff report presented by Debra Meier, Contract Planner. Mayor opened the meeting for public hearing. Addressing the City Council was: Chuck Buquet, Charles Joseph Associates, representing the applicant, thanked Debra Meier and Doug Fenn for their assistance with this project. He stated they are in agreement with all provisions of the Development Agreement. There being no further input, the public hearing was closed. Kathryn Scott, Deputy City Clerk, read the title of Ordinance No. 691. ORDINANCE NO. 691 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT DRC2002-00770, TO ESTABLISH A UNIQUE PARKING RATIO FOR A SENIOR APARTMENT PROJECT, LOCATED AT THE SOUTHWEST CORNER OF MILLIKEN AVENUE AND 6TM STREET AS PROVIDED FOR IN SECTION 65864 OF THE CALIFORNIA GOVERNMENT CODE FOR REAL PROPERTY DESCRIBED HEREIN, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 210-082-53 THRU 57 MOTION: Moved by Dutton, seconded by Williams to waive full reading and set second reading of Ordinance No. 691 for the November 20, 2002 meeting. Motion carried unanimously 5-0. F2. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT AGREEMENT DRC2002-00643 - FOUNTAIN GLEN PROPERTIES - A proposed Development Agreement (CO 02-129) associated with a proposal for 216 market-rate senior apartments in the High Residential component (24-30 dwelling units per acre) of the Mixed Use MHO District (Office, Hospital and related facilities) of the Terra Vista Community Plan, located at the southwest corner of Church Street and Mayten Avenue - APN: 227- 151-70. Related Files: Tentative Parcel Map SUBTPM15923 and DevelopmenfJDesign Review DRC2002-00633. Staff report presented by Debra Meier, Contract Planner. Mayor Alexander opened the meeting for public hearing. Addressing the City Council was: John AIstrom, representing the applicant, thanked staff and the City Attorney's office for their help. There being no further response, the public hearing was closed. Kathryn Scott, Deputy City Clerk, read the title of Ordinance No. 692. City Council Minutes November 6, 2002 Page 8 ORDINANCE NO. 692 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT NO. DRC2002-00643, TO ESTABLISH A UNIQUE PARKING RATIO FOR A PROPOSED SENIOR APARTMENT PROJECT LOCATED AT THE SOUTHWEST CORNER OF CHURCH STREET AND MAYTEN DRIVE, WITHIN THE TERRA VISTA COMMUNITY PLAN, AS PROVIDED FOR IN SECTIQN 65864 OF THE CALIFORNIA GOVERNMENT CODE FOR REAL PROPERTY DESCRIBED HEREIN, AND MAKING FINDINGS IN SUPPORT THEREOF-APN: 227-151-70 MOTION: Moved by Williams, seconded by Biane to waive full reading and set second reading of Ordinance No. 692 for the November 20, 2002 meeting. Motion carried unanimously 5-0. A recess was taken at 7:58 p.m. The meeting reconvened at 8:09 p.m. with all Councilmembers present. G. PUBLIC HEARINGS Gl. ADOPTION OF THE CALIFORNIA BUILDING STANDARDS CODE Staff report presented by John Thomas, Acting Building Official. Kathryn Scott, Deputy City Clerk, read the title of Ordinance No. 693. ORDINANCE NO. 693 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTERS 15.04, 15.12, 15.16, 15.20, 15.24, 15.28 AND 15.32, OF TITLE 15, BUILDINGS AND CONSTRUCTION, OF THE RANCHO CUCAMONGA MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 2001 CALIFORNIA BUILDING CODE, INCORPORATING THE "UNIFORM BUILDING CODE, VOLUMES 1 AND 2," 1997 EDITION INCLUDING ALL APPENDICES THERETO; THE 2001 CALIFORNIA MECHANICAL CODE, INCORPORATING THE "UNIFORM MECHANICAL CODE," 2000 EDITION; THE 2001 CALIFORNIA PLUMBING CODE, INCORPORATING THE "UNIFORM PLUMBING CODE," 2000 EDITION, INCLUDING ALL APPENDICES THERETO; THE 2001 CALIFORNIA ELECTRICAL CODE, INCORPORATING THE "NATIONAL ELECTRICAL CODE," 1999 EDITION, INCLUDING THE "UNIFORM ADMINISTRATIVE CODE PROVISIONS FOR THE NATIONAL ELECTRICAL CODE," 1996 EDITION; ALL AS AMENDED BY THE CALIFORNIA BUILDING STANDARDS COMMISSION AND CONTAINED IN PARTS 2 THROUGH 5 OF TITLE 24 OF THE CODE OF REGULATIONS; THE "UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS," 1997 EDITION; THE "UNIFORM HOUSING CODE," 1997 EDITION; TOGETHER WITH CERTAIN AMENDMENTS, DELETIONS, ADDITIONS, AND EXCEPTIONS, INCLUDING FEES AND PENALTIES City Council Minutes November 6, 2002 Page 9 MOTION: Moved by Williams, seconded by Biane to waive full reading and set second reading of Ordinance No. 693 for the December 4, 2002 meeting including setting the public hearing date for the same meeting. Motion carried unanimously 5-0. G2. CONSIDERATION OF A RESOLUTION OF NECESSITY FOR THE ACQUISITION IN EMINENT DOMAIN OF CERTAIN REAL PROPERTY INTERESTS FOR THE EXTENSION OF CHURCH STREET AND THE INSTALLATION OF THE MASTER PLANNED STORM DRAIN CONNECTION TO DAY CREEK CHANNEL AT APNS 227-152-30, 227-152-37, 227-161-16 AND 227-201-10 AS PART OF THE PROPOSED PHASE I-A IMPROVEMENTS OF THE COMMUNITY FACILITIES DISTRICT 2001-01 Staff report presented by Maria Perez, Assistant Engineer. She also indicated that the staff repod and all of the documentation mentioned in the staff report should be incorporated into the record for this proceeding. James Markman, City Attorney, introduced Regina Danner from his firm who was also available if there were any questions. Mayor Alexander opened the meeting for public hearing. Addressing the City Council was: Nell Derry, Southern California Edison, stated SCE opposes the condemnation. He did not feel this was for the public good, but instead injures the public good because it limits SCE's ability to expand power transmission as Rancho Cucamonga expands in the future. He felt SCE and the City are near an agreement on this and that they would like a continuance on this item. Councilmember Williams inquired if he felt there would be a resolution in two weeks. Mr. Derry felt there would be. James Markman, stated they are always happy to try to resolve these issues. He stated by adopting this resolution, they would file a lawsuit, and move forward with this process. He felt the only way to get this resolved quickly is to go ahead and adopt the Resolution at this time. John Lyons, resides near this project, stated he strongly recommends this be approved. There being no further response, public comments were closed. RESOLUTION NO. 02-290 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE EXTENSION OF CHURCH STREET AND THE INSTALLATION OF THE MASTER PLANNED STORM DRAIN CONNECTION TO DAY CREEK CHANNEL AS PART OF THE PROPOSED PHASE I-A IMPROVEMENTS OF COMMUNITY FACILITIES DISTRICT 2001-01 MOTION: Moved by Dutton, seconded by Curatalo to approve Resolution No. 02-290. Motion carried unanimously 5-0. City Council Minutes November 6, 2002 Page 10 G3. CONSIDERATION OF ADOPTION OF RESOLUTIQN OF NECESSITY FQR THE ACQUISITION IN EMINENT DOMAIN OF CERTAIN REAL PROPERTY FOR PUBLIC PURPOSES, IN CONNECTION WITH THE EXTENSION, CONSTRUCTION, AND IMPROVEMENTS ALONG 6IH STREET AND SANTA ANITA AVENUE Staff report presented by Dan James, Sr. Civil Engineer. He indicated the staff report and all associated documentation should be included with the public record. James Markman, City Attorney, stated the staff repod is included as part of the public record as well as three letters: 1) dated October 18, 2002 from Douglas Ditonto, 2) dated October 25, 2002 from Douglas Ditonto and 3) distributed this evening from Paragon Capital dated November 5, 2002 signed by Kim Snyder. He stated all of these have been submitted and read by the Council and are included as part of the record. Mayor Alexander opened the meeting for public hearing. Addressing the City Council was: Neil Derry, Southern California Edison, stated they oppose the taking of this property. He stated their property is to serve the public now and in the future. He felt this project is not in the public's best interest and conflicts with their ability to serve the energy needs of the public. He did not think there was a public necessity to take this at this time and that there were other alternatives to consider. Councilmember Dutton inquired how this prevents them from serving the community because of this action. Nell Derry stated they have a limited amount of capacity or area to put in transmission lines and as the needs increase this will prevent them from expanding. Councilmember Dutton continued to inquire how this would negatively affect them along 6th Street. James Markman, City Attorney, asked if they have specific plans right now. Mr. Derry stated they do plan to run a 66 cable line on the east side and possibly another, but that they do not have a set of plans at this time. He stated the PUC requires them to protect what they have for future transmission. Chuck Buquet, Charles Joseph Associates, stated he is working with Paragon Homes and stated he disagrees with what SCE is stating and continued to explain why. He stated they felt what they are proposing is a very positive contribution to the City. He did not feel a continuance was warranted. He felt the Council should move forward. Kim Snyder, Paragon Capital, stated he has been working on this project for about 20 months with the City's Engineering Division. He stated they have tried to work with Edison to come to an agreement, but has not been a very positive experience. He stated until these recent letters were written they had not heard from Edison for about six to eight months. He felt their plan was safe and that it would work. John Lyons asked that the Council support this project. He stated he hopes there will be an off ramp on 6th Street and Arrow and these improvements will help that. There being no further input, the public hearing was closed. City Council Minutes November 6, 2002 Page ! ! RESOLUTION NO. 02-291 A RESOLUTION OF NECESSITY OF THE CITY OF RANCHO CUCAMONGA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE EXTENSION, CONSTRUCTION AND IMPROVEMENTS ALONG 6TM STREET AND SANTA ANITA AVENUE MOTION: Moved by Dutton, seconded by Biane to approve Resolution No. 02-291. Motion carried unanimously 5-0. H. CITY MANAGER'S STAFF REPORTS H1. UPDATE ON PLANS TO COMMEMORATE THE CITY'S 25TM ANNIVERSARY (Oral) Staff report given by Nettie Nielsen, Recreation Supervisor. ACTION: Report received and filed. H2. APPROVAL OF A JOINT USE AGREEMENT BETVVEEN THE CITY OF RANCHO CUCAMONGA AND THE CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT (CO 02-130) FOR EXPANDING COMMUNITY USE OF HiGH SCHOOL FACILITIES Staff report given by Dave Moore, Recreation Superintendent. Councilmember Williams felt this is an absolute wonderful program and commented how valuable it will be for the community. She commended staff for working out the details on this. Councilmembers Dutton stated he echoed Councilmember Williams' comments. Dave Moore, Recreation Superintendent, pointed out this was Kevin McArdle's vision. MOTION: Moved by Williams, seconded by Curatalo to approve CO 02-130. Motion carried unanimously 5-0. I. COUNCIL BUSINESS I1. CONSIDERATION OF CITY COUNCIL COMMUNITY FOUNDATION SUBCOMMITTEE'S RECOMMENDATIONS TO FILL VACANCIES Staff report presented by Paula Pachon, Management Analyst III. MOTION: Moved by Dutton, seconded by Williams to appoint Tim Younger and Michael Arreguin. Motion carried unanimously 5-0. 12. LEGISLATIVE UPDATE Councilmember Williams stated the House of Representatives will be voting on a bill to give Rancho Cucamonga $900,000 for our senior center. She stated this will go a long way for our senior center. She pointed out it is still in the works, but that it is looking good that we will get that money. City Council Minutes November 6, 2002 Page 12 J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. K. COMMUNICATIQNS FROM THE PUBLIC K1. Primo Morales, 8210 Malvern thanked Councilmembers Paul Biane, Bob Dutton and Grace Curatalo for their service to the community. He also congratulated Mayor Alexander, Councilmember Diane Williams and Rex Gutierrez on their successful election. L. ADJOURNMENT MOTION: Moved by Biane, seconded by Dutton to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 9:00 p.m. Respectfully submitted, City Clerk Approved: December 18, 2002