Loading...
HomeMy WebLinkAbout2003/02/05 - Minutes February 5, 2003 CITY OF RANCHO CUCAMONGA CITY COUNCIL CLOSED SESSION MINUTES A. CALL TO ORDER The Rancho Cucamonga City Council held a closed session on Wednesday, February 5, 2003, in the Tapia Room of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:30 p.m. by Mayor William J. Alexander. Present were Councilmembers: Rex Gutierrez, Robert J. Howdyshell, Donald J. Kurth, M.D., Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager and James Markman, City Attorney. B. ANNOUNCEMENT OF CLOSED SESSION ITEM Mayor Alexander announced the closed session item. B1. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) TO DISCUSS THE STATUS OF AND SETTLEMENT NEGOTIATIONS ON THE EMINENT DOMAIN PROCEEDING TITLED CITY OF RANCHO CUCAMONGA V. INTEX PROPERTIES INLAND EMPIRE, L.P., ET AL., SAN BERNARDINO COUNTY SUPERIOR COURT CASE NO. RCV 058755. - CiTY C. COMMUNICATIONS FROM THE PUBLIC ON CLOSED SESSION ITEM No one was present to comment on the closed session item. D. CONDUCT OF CLOSED SESSION Closed session began at 5:35 p.m. E. RECESS The closed session recessed at 6:40 p.m. with no action taken. City Council Minutes February 5, 2003 Page 2 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, February 5, 2003, 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 7:07 p.m. Present were Councilmembers: Rex Gutierrez, Robed J. Howdyshell, Donald J. Kurth, M.D., Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Linda D. Daniels, RDA Director; Larry Temple, Administrative Services Director; Sid Siphomsay, Information Systems Analyst; Sam Davis, Information Systems Specialist; Joe O'Neil, City Engineer; Brad Bullet, City Planner; Dan Coleman, Principal Planner; Trang Huynh, Building Official; Deborah Clark, Library Director; Paula Pachon, Management Analyst III; Francie Martindale, Marketing Manager; Captain Pete Ortiz, Rancho Cucamonga Police Depadment; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Duane Baker, Assistant to the City Manager; Michelle Dawson, Management Analyst III; Kimberly Thomas, Management Analyst II; Kathryn L. Scott, Deputy City Clerk and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS No announcements/presentations were made. C. COMMUNICATIONS FROM THE PUBLIC C1. Leslie Grimes stated she had received a letter today regarding the Caltrans Workshop. She hoped that the landscaping along the sides of the freeway would not be forgotten and felt this was a safety issue. She also commented on the flooding on Vineyard/Carnelian after the last rain and felt it was extreme. She stated that further down past Base Line, at the bridge there is a lot of flooding in this area. She hoped the wash area at this location will not be changed too much so that there is still a place for the excess water to go. Joe O'Neil, City Engineer, stated Caltrans is going ahead with the landscaping along the freeway to prevent erosion. He stated there is an agenda item to approve an agreement with SANBAG to complete the storm drain on Carnelian from 19th to San Bernardino Road. Ms. Grimes also commented on a flooding issue around Carnelian School. Mayor Alexander suggested she talk with staff at City Hall if she has concerns, but welcomed her to also come to the Council meetings if she wanted to. C2. Tom Benson, representing the Hawthorne Development Homeowner's Association, which includes 430 homes, felt the City Council has a philosophy against homeowner's associations, but added they do pay taxes and that they should be recognized like other areas of the City. He felt their development is ignored. He commented on a police incident that he did not feel was handled correctly. He did not feel graffiti in his area was being taken care of. City Council Minutes February 5, 2003 Page 3 Mayor Alexander asked if someone from the City came to their development and gave a presentation. Mr. Benson stated yes, but that they didn't get the questions answered to their satisfaction. He wanted the Council to recognize them so they will get responded to. Mayor Alexander suggested the Police Chief and staff meet with the neighborhood to address their concerns. Jack Lam, City Manager, told him to contact Duane Baker to set something up. C3. Corey Adams, Hawthorne Development Homeowner's Association, felt the police representative that came to their neighborhood had a real attitude and that they were not told in advance that someone would be at their meeting. He mentioned AB930 was past last year and that he would like more information about this. Mayor Alexander stated that the City would meet with them te address their concerns. C4. Brenda Adams, Hawthorne Development, stated they came to a Council meeting last September regarding some concerns they had in their community. She also informed the Council that the Police were told about a possible gang member in their neighborhood and added they want patrols and traffic laws enforced there. Mayor Alexander suggested they let the Police Department help them, but if they did not, they can come back to the Council. C5. Steve Jennings stated he is with the Rancho Recall Committee to recall Diane Williams, Rex Gutierrez, Robert Howdyshell and Donald Kurth. He stated they have a website (www.ranchorecall.com). He commented on how the recent appointments were made and stated the Fire District is not supporting them. He commented on the campaign contributions taken by Councilmembers Gutierrez and Williams. He stated it will come out what the citizens of Rancho Cucamonga want. C6. John Lyons, Etiwanda, wanted to talk about Rancho Recall stating it is going strong. He talked about the next Route 30 Task Force meeting that is coming up and added he felt the developers were at fault for not building the homes as good as they should have. He stated the address for Rancho Recall is P.O. Box 2461, Rancho Cucamonga 91729. The hotline number is (909) 980-0935. D. CONSENT CALENDAR Jack Lam, City Manager, stated items D5 and D8 need to be removed from the agenda and that they would return at a later date. DI. Approval of Minutes: January 1, 2003 January 6, 2003 (Special Joint Meeting) January 15, 2003 January 16, 2003 (Special Meeting) D2. Approval of Warrants, Register January 8, 2003 through January 24, 2003, and Payroll ending January 24, 2003, for the total amount of $2,462,502.75. D3. Approval of a Resolution authorizing the destruction of City Records pursuant to California Government Code Section 34090, the City's Records Retention Schedule and other applicable legal citations. City Council Minutes February 5, 2003 Page 4 RESOLUTION NO. 03-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CITY RECORDS WHICH ARE NO LONGER REQUIRED AS SET FORTH iN CALIFORNIA GOVERNMENT CODE SECTION 34090 AND OTHER APPLICABLE LEGAL REFERENCES D4. Approval of a Resolution urging the California Legislature to reject the Governor's proposed shift of local Vehicle License Fee (VLF) revenues and honor their 1998 commitment to keep cities and counties whole by "backfilling" VLF revenues. RESOLUTION NO. 03-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, URGING THE CALIFORNIA LEGISLATURE TO REJECT THE GOVERNOR'S PROPOSED SHIFT OF LOCAL VLF REVENUES D5. Approval of a single source vendor selection, Delta Microlmaging, Inc., for the purpose of converting microfilm to digital images and scanning Building and Safety Division plans in the amount not to exceed $50,000.00 from Acct. No. 1016301-5300. ITEM REMOVED FROM AGENDA. D6. Approval of a piggyback contract for the purchase of gasoline and diesel fuel for Fleet Maintenance and the Police Department from Poma Distributing Company, Inc., of San Bernardino, in an annual amount not to exceed $169,000.00, funded from Funds 1001-317-5255 and 1001-317-5256 and an annual amount not to exceed $143,000.00, funded from Fund 1001-701-5255. D7. Approval of annual agreement with NEC, BNS Company (CO 03-002) to provide a Citywide Telephone Maintenance Agreement, piggybacking off of a competitively bid, fast open contracts utilization services (FOCUS) from the County of Merced, California, for the first annual amount of $65,000, plus an estimated 10% annual increase from Acct. No. 1001-205-5300, ending Fiscal Year 2007/2008. DS. Approval of a Resolution to accept control and maintenance over portions of Highland Avenue/19'h Street between the City's west city limits and Etiwanda Avenue, the intersection of Lemon Avenue and Marbella Drive, Alta Loma Drive from Revere Avenue to Haven Avenue, portions of Chickasaw Road and East Avenue, and portions of Summit Avenue and Cherry Avenue, to be relinquished by the State of California. ITEM REMOVED FROM AGENDA. RESOLUTION NO. 03-017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ACCEPTING CONTROL AND MAINTENANCE OVER PORTIONS OF HIGHLAND AVENUE/19TM STREET BETWEEN THE CITY'S WEST CITY LIMITS AND ETIWANDA AVENUE, THE INTERSECTION OF LEMON AVENUE AND MARBELLA DRIVE, ALTA LOMA DRIVE FROM REVERE AVENUE TO HAVEN AVENUE, PORTIONS OF CHICKASAW ROAD AND EAST AVENUE, AND PORTIONS OF SUMMIT AVENUE AND CHERRY AVENUE, TO BE RELINQUISHED BY THE STATE OF CALIFORNIA, AND WAIVE THE STANDARD 90-DAY NOTICE REQUIREMENT City Council Minutes February 5, 2003 Page 5 D9. Approval of Improvement Agreement, Improvement Securities, Monumentation Cash Deposit and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for DRC2001-00772 (Tract 10246), located at the southwest corner of Haven Avenue and Hillside Road, submitted by Prestige Homes, L.P., and release of previously-submitted Improvement Agreement, Improvement Securities and Monumentation Cash Deposit accepted by the City Council on October 18, 1989, from J.C.R. Development Company Partnership. RESOLUTION NO. 03-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT FOR DRC2001-00772 (TRACT 10246) AND RELEASING THE IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT PREVIOUSLY ACCEPTED BY CITY COUNCIL ON OCTOBER 18, 1989 RESOLUTION NO. 03-019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR DRC2001-00772 (TRACT 10246) D10. Approval of Map 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. 03-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NO. 15732 RESOLUTION NO. 03-021 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 D11. Approval of Map for Parcel Map 15790, located on the east side of the southern terminus of Hyssop Drive, east of the 1-15 Freeway, submitted by Erin Madison, Inc. RESOLUTION NO. 03-022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 15790 D12. Approval of a Cooperative Agreement between the San Bernardino County Transportation Authority/San Bernardino Associated Governments (SANBAG) and the City of Rancho Cucamonga (CO 03-003) for the Carnelian Street Storm Drain Improvements, authorization to appropriate $3,200,000 from Fund Balance into Acct. No. 1112303-5650/1450112-0 and authorization to receive the related reimbursement into Acct. No. 1112000-4745 (Intergovernmental Reimbursement). City Council Minutes February 5, 2003 Page 6 RESOLUTION NO. 03-023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE COOPERATIVE AGREEMENT BETVVEEN THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY/SAN BERNARDINO ASSOCIATED GOVERNMENTS (SANBAG) AND THE CITY OF RANCHO CUCAMONGA FOR THE CARNELIAN STREET STORM DRAIN IMPROVEMENTS D13. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for Improvements for DRC2001-00345, submitted by The Gardens, located at 7576 Etiwanda Avenue. RESOLUTION NO. 03-024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2001-00345 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D14. Approval to release Maintenance Guarantee Bond for Tract 13759, located on the west side of Haven Avenue, north of the Southern Pacific Railroad right-of-way, submitted by Forecast Group, L.P. D15. Approval to release Maintenance Guarantee Bond for Tract 14207, located on Wilson Avenue, west of Beryl and south of Heritage Park, submitted by H & W Concordia R-28, LLC. D16. Approval to release Maintenance Guarantee Bond for Parcel Map 15155, located on the northwest corner of Jersey Boulevard and White Oak Avenue, submitted by Master Development Corporation. D17. Approval to accept Improvements, release the Faithful Performance and Labor and Materials Bonds, and file a Notice of Completion for Improvements for Parcel Map 15282, submitted by S & D Rancho Cucamonga California, LTD, a Texas Limited Padnership, located on the south side of Foothill Boulevard between Aspen and Spruce Streets. RESOLUTION NO. 03-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 15282 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D18. Approval to release Maintenance Guarantee Bond for Tract 15526, located at the southwest corner of Milliken Avenue and Mountain View, submitted by Lewis Development Company. D19. Approval to release Maintenance Guarantee Bond for Tract 15726, located on the south side of Lemon Avenue at Phillips Way, submitted by DPCD Rancho 45/Ltd. D20. Approvals to accept Improvements, release the Faithful Performance Bond, and file a Notice of Completion for Playground Sand Replacement at Various City Parks. RESOLUTION NO. 03-026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PLAYGROUND SAND REPLACEMENT AT VARIOUS CITY PARKS AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK City Council Minutes February 5, 2003 Page 7 D21. Approval to release the Faithful Performance Bond No. 441-000-470 in the amount of $163,600.00 for the Wilson Avenue Landscape Improvements from San Sevaine Road to Cherry Avenue, Contract No. 01-048. D22. Approval to accept the Modification of Traffic Signals and Safety Lighting at the intersection of Banyan Street and Fredericksburg Avenue, Contract No. 02-032 as complete, retain the 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 $24,245.00. RESOLUTION NO. 03-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE MODIFICATION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF BANYAN STREET AND FREDERICKSBURG AVENUE, CONTRACT NO. 02-032 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D23. Approval to accept the Modification of Traffic Signals and Safety Lighting at Carnelian Street and La Vine/La Grande Streets, Contract No. 02-033 as complete, retain the 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 $34,333.08. RESOLUTION NO. 03-028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE MODIFICATION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT CARNELIAN STREET AND LA VINE/LA GRANDE STREETS, CONTRACT NO. 02-033 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D24. Approval to accept the Adult Sports Park and Parking Lot Improvements Project as complete, authorize release of the Faithful Performance Bond, authorize the City Engineer to file a Notice of Completion, authorize the City Engineer to release the Labor and Material Bond and release the 10% retention 35 days after recording of the Notice of Completion by the County Recorder, approve the final contract amount of $202,460.00, less 10% retention, and approve change order no. 1 to International Pavement Solutions, to be funded from Acct. No. 1120305-5650/1209-190-0 ($10,000.00) and Acct. No. 1025001-5602 ($18,000.00) and authorize final payment after 30 days. RESOLUTION NO. 03-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE ADULT SPORTS PARK AND PARKING LOT IMPROVEMENTS (CONTRACT NO. 02-100) AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Williams, seconded by Kurth to approve the staff recommendations in the staff reports contained within the Consent Calendar with the exception of items D5 and D8. Motion carried unanimously 5-0. City Council Minutes February 5, 2003 Page 8 E. CONSENT ORDINANCES D1. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT DRC2002-00875 - CITY OF RANCHO CUCAMONGA - A request to add Mixed Use Public Storage as a conditionally permitted use within the Regional Related Commercial District, Subarea 4, of Development Code Chapter 17.32 (Foothill Boulevard Districts). Debra J. Adams, City Clerk, read the title of Ordinance No. 697. ORDINANCE NO. 697 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2002-00875 TO ADD MIXED USE PUBLIC STORAGE AS A CONDITIONALLY PERMI"FrED USE WITHIN THE REGIONAL RELATED COMMERCIAL DESIGNATION OF THE FOOTHILL BOULEVARD DISTRICTS SUBAREA 4, AS LISTED IN THE DEVELOPMENT CODE CHAPTER 17.32, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Kurth, seconded by Gutierrez to waive full reading and approve Ordinance No. 697. Motion carried unanimously 5-0. E2. ENVIRONMENTAL ASSESSMENT AND TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2002-00533 - KB HOME OF GREATER LOS ANGELES AND LEWIS OPERATING CORPORATION - A proposed amendment to the Terra Vista Community Plan to 1) realign the Trail Type D between Malaga Drive and West Greenway Corridor to a Trail Type E along Terra Vista Parkway and Church Street, and 2) change the land use designation from Elementary School (E) to Low-Medium Residential for a 9-acre parcel, located on the south side of Terra Vista Parkway east of Coyote Canyon Park. Related files: Tentative Tract Maps SUBTT15724 and SUBTT16157. Debra J. Adams, City Clerk, read the title of Ordinance No. 698. ORDINANCE NO. 698 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2002-00533, A REQUEST TO REALIGN THE TRAIL TYPE "D" BETWEEN MALAGA DRIVE AND WEST GREENWAY CORRIDOR, TO A TRAIL TYPE "E ALONG TERRA VISTA PARKNVAY AND CHURCH STREET; AND TO CHANGE THE LAND USE DESIGNATION FROM ELEMENTARY SCHOOL (E) TO LOW-MEDIUM RESIDENTIAL (LM) FOR A 9.05-ACRE SITE LOCATED ON THE SOUTH SIDE OF TERRA VISTA PARKWAY EAST OF COYOTE CANYON PARK, WITHIN THE TERRA VISTA COMMUNITY PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Kurth, seconded by Gutierrez to waive full reading and approve Ordinance No. 698. Motion carried unanimously 5-0. City Council Minutes February 5, 2003 Page 9 F. ADVERTISED PUBLIC HEARINGS Fl. CONSIDERATION OF A RESOLUTION ESTABLISHING A NEW COMPREHENSIVE FEE SCHEDULE FOR PERMITS AND SERVICES PROVIDED BY ALL CITY DEPARTMENTS BY MODIFYING CERTAIN FEES ESTABLISHED IN RESOLUTION 02-023 Staff report presented by Larry Temple, Administrative Services Director. Councilmember Williams commented that the fees charged are the actual cost to the City and that there is no overhead added into the established fees. Larry Temple, Administrative Services Director, stated that was correct and that the City surveys other cities and does not try to make a profit, only pass on the actual cost to the public. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. RESOLUTION NO. 03-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING A NEW COMPREHENSIVE FEE SCHEDULE FOR PERMITS AND SERVICES PROVIDED BY ALL CITY DEPARTMENTS BY MODIFYING CERTAIN FEES ESTABLISHED IN RESOLUTION 02-023 MOTION: Moved by Gutierrez, seconded by Howdyshell to approve Ordinance No. 03-030. Motion carried unanimously 5-0. F2. CONSIDERATION OF ESTABLISHMENT OF COMMUNITY FACILITIES DISTRICT 2003-01 (TO BE CONTINUED TO FEBRUARY 19, 2003) Jack Lam, City Manager, stated it is requested that this item be continued to February 19. He asked that the public hearing be opened in case someone could not be present at the February 19th meeting. Mayor Alexander opened the meeting for public hearing. RESOLUTION NO. 03-031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING THE CITY OF RANCHO CUCAMONGA FACILITIES DISTRICT NO. 2003-01, ESTABLISHING TWO iMPROVEMENT AREA THEREIN, ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN EACH iMPROVEMENT AREA, CALLING A SPECIAL ELECTION WITH EACH IMPROVEMENT AREA AND TAKING CERTAIN ACTIONS City Council Minutes February 5, 2003 Page 10 RESOLUTION NO. 03-032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2003-01 DECLARING THE NECESSITY TO INCUR A BONDED INDEBTEDNESS WITHIN EACH OF IMPROVEMENT AREA NOS. 1 AND 2 OF CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2003-01 AND ORDERING SUBMITTED TO THE QUALIFIED ELECTORS OF EACH IMPROVEMENT AREA WITHIN THE DISTRICT PROPOSITIONS RELATING TO THE RESPECTIVE IMPROVEMENT AREA RESOLUTION NO. 03-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO, 2003-01, CERTIFYING THE RESULTS OF THE FEBRUARY 5, 2003 SPECIAL TAX AND BOND ELECTIONS ORDINANCE NO. 699 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2003-01 AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN EACH OF IMPROVEMENT AREA NOS. 1 AND 2 OF SUCH DISTRICT MOTION: Moved by Kurth, seconded by Williams to continue the public hearing to February 19, 2003 at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive, Rancho Cucamonga. Motion carried unanimously 5-0. G. PUBLIC HEARINGS Gl. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 9.18 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO MISCELLANEOUS OFFENSES Staff report presented by Duane Baker, Assistant to the City Manager. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 700. ORDINANCE NO. 700 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 9.18 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING MISCELLANEOUS OFFENSES City Council Minutes February 5, 2003 Page 11 MOTION: Moved by Kurth, seconded by Williams to waive full reading and set second reading of Ordinance No. 700 for the February 19, 2003 meeting. Motion carried unanimously 5-0. G2. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 8.24 OF THE MUNICIPAL CODE REGARDING GRAFFITI PROHIBITION AND REMOVAL Staff report presented by Duane Baker, Assistant to the City Manager. Councilmember Gutierrez inquired if you had to catch someone in the act in order to arrest them. Duane Baker, Assistant to the City Manager, stated it depends on the evidence. Councilmember Kurth stated he supports this and hates to see property destroyed. Mayor Alexander opened the meeting for public input. There being no response, the public hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 701. ORDINANCE NO. 701 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 8.24 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING GRAFFITI PROHIBITION AND REMOVAL MOTION: Moved by Kurth, seconded by Williams to waive full reading and set second reading of Ordinance No. 701 for the February 19, 2003 meeting. Motion carried unanimously 5-0. H. CITY MANAGER'S STAFF REPORTS H1. CONSIDERATION OF THE COMMUNITY FOUNDATION'S RECOMMENDATION TO APPROVE FOUR NEW APPOINTMENTS TO THE FOUNDATION Staff report presented by Paula Pachon, Management Analyst III. MOTION: Moved by Kurth, seconded by Gutierrez to approve the recommended appointments suggested by the Community Foundation (Bruce Bowne, Jo Dutton, David Parker and Stan Phelps). Motion carried unanimously 5-0. I. COUNCIL BUSINESS I1. UPDATE REGARDING MOUNTAIN LION INCIDENTS (Oral) Staff report presented by Michelle Dawson, Management Analyst III. She referred to a map indicating where the mountain lion had been seen. She advised what the City is doing to alert people about this issue and told about the process the trapper uses to catch the mountain lion. She told about the process to get a permit to shoot a mountain lion. She stated staff will come back in 30 days to advise the Council what has been accomplished. Councilmember Kurth asked when was the last time it had killed something. City Council Minutes February 5, 2003 Page 12 Michelle Dawson, Management Analyst I1~, stated it was December 17, 2002. Mayor Alexander added there is still uncertainty if all of the animals killed were by a mountain lion. Jack Lam, City Manager, stated hopefully the 30-day contract with the trapper will help this situation. ACTION: Repod received and filed. 12. UPDATE ON TREE PRESERVATION Staff repod presented by Dan Coleman, Principal Planner. Councilmember Gutierrez stated the reason he put this on the agenda is because some people in Etiwanda wanted a report. He stated his questions have been answered in the report. He stated he hoped that the policy had not changed since he was previously on the Council and felt the trees should be preserved. Jack Lam, City Manager, stated when the Blue Gum trees have to be replaced, they are replaced with a more resilient tree. Councilmember Gutierrez stated he has changed his thoughts since he was last on the Council, and added he appreciates open space. ACTION: Report received and filed. 13. REPORT ON ILLEGAL DUMPING Staff report presented by Trang Huynh, Building Official. Councilmember Gutierrez asked where the boundary line is where the County takes over. Trang Huynh, Building Official, stated the County takes over at the end of Etiwanda where the paved road ends. ACTION: Report received and filed. 14. LEGISLATIVE UPDATE (Oral) Councilmember Williams reported that Julie Bornstein of Housing and Community Development came to tour Rancho Cucamonga. She added that Mayor Alexander was also on the tour. She stated Ms. Bornstein was very impressed with what she saw in Rancho Cucamonga and that she especially liked Villa del Norte. She reported she had told Ms. Bornstein about the possibility of the State taking away some of the City's housing funds and stated the City wouldn't be able to meet its housing obligation if they have no money to do it with. She stated there will be a reception for Congressman David Dreier prior to the February 19th meeting. She reported the state's budget deficit continues to get worse and that they are threatening to take away the Vehicle License Fees from the City and also some Redevelopment Agency funding. She stated she and Jack Lam will be going to Sacramento next week regarding these issues. 15. PRESENTATION OF A LEAGUE OF CALIFORNIA CITIES "LOCAL COALITION" PROGRAM AND CONSIDERATION OF A RELATED RESOLUTION ENDORSING THE LOCAL GOVERNMENT/LABOR MISSION STATEMENT The item was introduced by Michelle Dawson, Management Analyst III. Councilmember Williams had a video shown and also narrated a power point presentation. City Council Minutes February 5, 2003 Page 13 RESOLUTION NO. 03-034 A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUPPORTING AND ENDORSING THE PROPOSED MISSION STATEMENT OF A COALITION BETWEEN ORGANIZED LABOR AND LOCAL GOVERNMENTS BEING CREATED AS PART OF THE LEAGUE OF CALIFORNIA CITIES GRASSROOTS NETWORK MOTION: Moved by Kurth, seconded by Williams to approve Resolution No. 03-034. Motion carried unanimously 5-0. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC K1. Aubrey Campbell commented on all of the advertising phone calls he receives at home. He felt these calls should be stopped. K2. Lois May Smith, League of Women Voters, stated she will be attending Council meetings to observe. K3. John Lyons commented on the mountain lion issue and felt it was very dangerous and that a child could be killed. K4. Chris Wright felt possibly the new homes being built in the foothills were intruding into the mountain lion's territory and that this was causing them to come down into the residential areas. Mayor Alexander stated he understands his point, but that people do have the right to build on their own property. Councilmember Williams stated she agreed and that we have created the problem. Councilmember Gutierrez stated he felt the Council should discuss about making more space for the wild. He felt some of the land should be preserved. K5. Julie Vega felt her civil rights had been violated by the Police Department. She felt the Council should help them. She did not think she was getting any help from the Police Depadment and that she and her daughter's lives had been put in jeopardy. Mayor Alexander commented on the admirable job done by the Police and Fire Departments during the plane crash in Rancho Cucamonga. He stated the City is saddened by Mr. Cable's death due to the plane crash and felt people should be considerate of the neighbors around that area and stay away. Councilmember Williams commented on how wonderful the mutual aid was from other cities. City Council Minutes Februa~ 5,2003 Page 14 L. ADJOURNMENT MOTION: Moved by Williams, seconded by Alexander to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 8:46 p.m. Respectfully submitted, City Clerk Approved: March 5, 2003