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HomeMy WebLinkAbout2003/08/06 - Minutes August 6, 2003 CITY OF RANCHO CUCAMONGA CITY COUNCIL CLOSED SESSION MINUTES A. CALL TO ORDER The Rancho Cucamonga City Council he~d a closed session on Wednesday, August 6, 2003, at the Cucamonga County Water District facilities located at 10440 Ashford Street, 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. Aisc present were: Jack Lam, City Manager; Pamela Easter, Deputy City Manager; James Markman, City Attorney; and Joe O'Neil, City Engineer. II B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) [ Mayor Alexander announced the closed session item. B1. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED SOUTH OF FOOTHILL BOULEVARD, WEST OF 1-15, GARY SAFADY, O&S HOLDINGS, AND JOE O'NEIL, CITY ENGINEER, NEGOTIATING PARTY, REGARDING TERMS OF AGREEMENT - CITY B2. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF BASE LINE ROAD, WEST OF DAY CREEK BOULEVARD, FOR THE WIDENING OF BASE LINE ROAD AND CONSTRUCTION OF DAY CREEK BOULEVARD (12215 BASE LINE ROAD. APN 0227-161-21); OSSI PIEROTTI, ANNA MARIE PIEROTTI AND WILLIAM J. O'NEIL, CITY ENGINEER, NEGOTIATING PARTY, REGARDING SETTLEMENT - CITY B3. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) TO DISCUSS THE EMINENT DOMAIN PROCEEDING TITLED CITY OF RANCHO CUCAMONGA V. SOUTHERN CALIFORNIA ED/SON COMPANY, ET AL., SAN BERNARDINO COUNTY SUPERIOR COURT CASE NO. RCV 068007. ][ C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) I No one was present to comment on the closed session items. City Council Minutes August 6, 2003 Page 2 Il D. CONDUCT OF CLOSED SESSION I Closed session began at 5:35 p.m. The closed session recessed at 6:50 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, August 6, 2003, at the Cucamonga County Water District Board Room, located at 10440 Ashford Street, Rancho Cucamonga, California. Mayor William J. Alexander called the meeting to order at 7:06 p.m. 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; Pamela Easter, Deputy City Manager; James Markman, City Attorney; Linda D. Daniels, RDA Director; James C. Frost, City Treasurer; Larry Temple, Administrative Services Director; Sid Siphomsay, Information Systems Analyst; Shelly Munson, Information Systems Specialist; Joe O'Neil, City Engineer; Brad Buller, City Planner; Kevin McArdle, Community Services Director; Dave Moore, Recreation Superintendent; Deborah Clark, Library Director; Captain Pete Ortiz, Rancho Cucamonga Police Department; 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; Kathy Scott, Deputy City Clerk; and Debra J. Adams, City Clerk. ]l B. ANNOUNCEMENTS/PRESENTATIONS I B1. Mayor Alexander commented on the Vineyard Little League Team that is in the playoffs and wished them the best. B2. Jack Lam, City Manager, stated they would like to add an item under City Manager's Staff Reports to update the Council on Central Park. MOTION: Moved by Kurth, seconded by Williams to add the item as 12. Motion carried unanimously 5-0. City Council Minutes August 6, 2003 Page 3 I] C. PUBLIC COMMUNICATIONS Cl. Jim Frost commented on the success of Vineyard Little League. He encouraged everyone to attend their playoff games and support them. He commented on the passing of Bob Hope and stated he got to personally see him twice. C2. Gwyn Frost stated they will be celebrating the 98th wedding anniversary of John and Jessie Frost (Jim Frost's Grandparents) and told about their family and their lives in Etiwanda. C3. Conner Mahoney stated he did not agree that the DARE program should be canceled in the Central School District. He felt there were other ways to cut rather than doing it through the DARE program. Mayor Alexander stated the City and the school district would like to work this out because it is a very important program. C4. Leslie Grimes wanted to talk about the Colonies project. She felt this is a regional issue for the Council to get involved in. She talked about the potential flooding issues because of the development of this project. She felt there should be a breech in the levy that was not done even though it was requested of them to do so. She stated now the Colonies partners are using Proposition 50 money as their own personal bank account. She did not feel anyone that voted for this had the intention of this money going for developers to use to develop their property. She asked for the Council to make a statement if they agree with this project or not. She hoped everyone will write their legislators about this. C5. Melanie Ingrain stated she agrees with Leslie Grimes' comments regarding Preposition 50 funds. She did not feel the Colonies should be able to use these funds as they are. She stated this is not the right use of this money and felt the City should take a stand on this matter. C6. John Lyons stated he was on the Inland Empire Radio Talk Show regarding Rancho Recall. He stated they recently had a pool party. He stated they will be at the concerts in the park every Thursday. He stated they are at ranchorecall.org, or at 980-0935. He stated people can download the petitions from the Internet and mail them into P.O. Box 2641, 91729. He also complained about the street overlay work taking place on his street. He stated it was an inconvenience. II D. COUNCIL COMMUNICATIONS I D1. Councilmember Gutierrez stated despite what people are hearing by a few people, there are good things happening in the City. He talked about the mall project. He talked about the performing arts center, the library and Central Park. He stated the City is dedicated to the DARE program if they can get the school districts to help fund it. He felt it would be a loss if something happens to it. He stated the Council is doing their best and wants to make a difference. D2. Councilmember Howdyshell stated last night was National Night Out and that he felt this was a great event. He stated it was rewarding to see the neighbors in the various areas supporting each other. D3. Mayor Alexander thanked everyone for organizing this event and for the people in the City that participated. City Council Minutes August 6, 2003 Page 4 D4. Councilmember Williams commented on the National Night Out and what a wonderful event it was. She added she got to participate in the presentation of awards for the Family Foundation and felt this recognition was important for the community. She stated there is an approved budget by the State, but added there is still a deficit. She commented on the impacts this could have on the City by them taking away part of the City's sales tax. She stated the City is trying to protect its sales tax growth. She stated the City does not know exactly how much it will lose at this time, but added she will continue her fight to protect the City's money. D5. Counciimember Kurth stated he heard Arnold Schwarzenegger is running for Governor. He stated he will be glad when things have calmed down at the State level so everyone can get to work. He stated there are some exciting things coming down the pike in Rancho Cucamonga including a Children's Theater. He commented on the Boy Scouts attending tonight and how important scouting is. II ,~. CONSENT CALENDAR II El. Approval of Minutes: May 28, 2003 (Special Meeting) June 18, 2003 July 02, 2003 July 07, 2003 (AM Special Meeting - Gutierrez, Howdyshell & Kurth absent) July 07, 2003 (PM Special Meeting) July 11, 2003 (Special Meeting - Gutierrez & Kurth absent) July 16, 2003 (Howdyshell absent) E2. Approval of Warrants, Register July 8, 2003, through July 28, 2003, and Payroll ending July 28, 2003, for the total amount of $4,987,817.18. E3. Approval to authorize the advertising of the "Notice Inviting Bids" for landscaping and sidewalk in Phase lA of Community Facilities District 2001-01. RESOLUTION NO. 03-208 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE LANDSCAPING AND SIDEWALK IN PHASE lA OF COMMUNITY FACILITIES DISTRICT 2001-01, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS E4. Approval of Plans, Specifications and Estimates and to authorize the advertising of the "Notice Inviting Bids" for improvements in Phase 3A of Community Facilities District 2003-01, including street, storm drain, water main, traffic signals and fiber optic conduits to be funded from Acct. No. 16143035650. RESOLUTION NO. 03-209 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR IMPROVEMENTS IN PHASE 3A OF COMMUNITY FACILITIES DISTRICT 2003-01, INCLUDING STREET, STORM DRAIN, WATER MAIN, TRAFFIC SIGNALS AND FIBER OPTIC CONDUITS iN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS City Council Minutes August 6, 2003 Page 5 E5. Approval of plans, specifications and estimates and to authorize the advertising of the "Notice Inviting Bids" for Regional Mall Onsite Water and Sewer Improvements of Community Facilities District 2003-01 to be funded from Acct. No. 16143035650. RESOLUTION NO. 03-210 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR MALL ONSITE WATER AND SEWER OF COMMUNITY FACILITIES DISTRICT 2003-01, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS E6. Approval to authorize the advertising of the "Notice Inviting Bids" for the Construction of Milliken Avenue Pavement Rehabilitation from 6th Street to 7th Street, to be funded from Acct. No. 11763035650/1252176-0 (Measure "1" Funds). RESOLUTION NO. 03-211 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF MILLIKEN AVENUE PAVEMENT REHABILITATION FROM 6TH STREET TO 7TH STREET IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS E7. Approval to authorize the advertising of the "Notice Inviting Bids" for the Electrical Distribution System Conduit and Substructure Project to serve the property within the Victoria Arbors Master Plan area designated as part of the Rancho Cucamonga Municipal Utility's service area, to be funded from Acct. No. 10250015650/1382025-0 (Capital Reserve). RESOLUTION NO. 03-212 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE ELECTRICAL DISTRIBUTION SYSTEM CONDUIT AND SUBSTRUCTURE PROJECT IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS E8. Approval of a Request from the Sports Educators of America for a Waiver of Fees and Charges for a Free Youth/Parent Baseball/Softball Clinic at the Rancho Cucamonga Epicenter on August 17, 2003. E9. Approval to execute a Professional Services Agreement with the Keith Companies (CO 03-076) not to exceed $29,400, for the preparation of an Environmental Impact Report for a Development Agreement (DRC2003-00409, a General Plan Amendment (DRC2003-00410), an Etiwanda North Specific Plan Amendment (DRC2003-00411), Tentative Tract Map 14749, and Annexation; to be funded from the Developer Deposit through Acct. No. 10013145303. El0. Approval of a Landmark Designation DRC2003-00102 - KB Home - a request to designate the Bartholow Home as a Historic Landmark, located at 12951 Base Line Road - APN: 1100-011-01. City Council Minutes August6,2003 Page 6 RESOLUTION NO. 03-213 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING HISTORIC LANDMARK DRC2003-00102, TO DESIGNATE THE BARTHOLOW RESIDENCE, LOCATED AT 12951 BASE LINE ROAD AS A LANDMARK - APN: 1100- 011-01 Ell. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $35,891 to the apparent Iow bidder, Pouk & Stein/e, Inc. (CO 03-077), and authorize the expenditure of a 10% contingency in the amount of $3,589 (10% of base contract amount), for the Installation of Temporary Power Poles and Overhead Wires Project to provide temporary construction power to property within the Victoria Arbors Master Plan area designated as part of the Rancho Cucamonga Municipal Utility's service area, to be funded from Capital Reserve funds, Acct. No. 10250015650/1382025-0 and appropriate $39,480 (contract award of $35,891 plus 10% contingency in the amount of $3,589) to Acct. No. 10250015650/1382025-0 from Capital Reserve fund balance. E12. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $1,091,488.00 to the apparent Iow bidder, Steiny and Company, Inc. (CO 03-078), and authorize the expenditure of a 10% contingency in the amount of $109,148.80 for the construction of traffic signal interconnect for Base Line Road from Alta Cuesta to Etiwanda Avenue (Federal Aid Project CML-5420(009) to be funded from Acct. Nos. 11243035650/1443124-0, 11843035650-1290184-0, 12323035650-1443232-0, 11243035650-1290124-0 and appropriate an additional amount of $395,638.80 to Acct. No. 11243035650/1443124-0 from the balance of Transportation Systems Development Fund balance. E13. Approval of a Bill of Sale between the City of Rancho Cucamonga and Verizon California, Inc, for the conveyance of the Underground Conduit and Substructure Facilities for Verizon as part of the east Avenue Street Improvements for Banyan Street to north of 23rd Street. RESOLUTION NO. 03-214 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A BILL OF SALE BETVVEEN THE CITY AND VERIZON CALIFORNIA INC. FOR THE CONVEYANCE OF THE UNDERGROUND CONDUIT AND SUBSTRUCTURE FACILITIES FOR VERIZON AS PART OF THE EAST AVENUE STREET IMPROVEMENTS FROM BANYAN STREET TO NORTH OF 23RD STREET E14. Approval of Improvement Agreement and Improvement Security for DRC2001-00638, located on the west side of Day Creek Boulevard at Highland Avenue, submitted by Day Creek investors, LLC. RESOLUTION NO. 03-215 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DRC2001-00638 E15. Approval of Map, Improvement Agreement, Improvement Securities and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for Tract No. 16344, located east of Archibald Avenue and north of Palo Alto, submitted by Magyar Homes, LLC - APN: 1077-021-17. City Council Minutes August6,2003 Page 7 RESOLUTION NO. 03-216 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 16344 IMPROVEMENT AGREEMENTS AND IMPROVEMENT SECURITIES RESOLUTION NO. 03-217 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 TRACT 16344 E16. Approval of Map, Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 2 and Street Lighting Maintenance District Nos. 1 and 3 for Tract No. 16369 located on the northeast corner of Day Creek Boulevard and Chumh Street submitted by Standard Pacific Corporation - APN: 227-161-28,31,33,35,36,38 AND 227-171-08,11,12,20,22,23,25. RESOLUTION NO. 03-218 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 16369, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO. 03-219 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 AND 3 FOR TRACT 16369 E17. Accept the East Avenue Street Improvements from Banyan Street to north of 23rd Street, Contract No. 03-018 as complete, retain the Performance Bond as a Guarantee Bond, release Labor and Material Bond and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $460,311.20. RESOLUTION NO. 03-220 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE EAST AVENUE STREET IMPROVEMENTS FROM BANYAN STREET TO NORTH OF 23RD STREET, CONTRACT NO. 03-018 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E18. Approval to authorize to utilize Dan Guerra and Associates, Aufbau Corporation and Architerra Design Group to provide development plan checking services for Fiscal Year 2003/2004, to be funded from the following accounts: 1001-305-5300 Development Management Contract Services, 1001-305- 5303 Development Management Contract Services Reimbursable, 1110-316-5300 Beautification Plan Check Services, and 1001-302-5300 Building and Safety Contract Grading Plan Check. City Council Minutes August 6, 2003 Page 8 E19. Approval of Improvement Agreement, Improvement Securities and Monumentation Cash Deposit for Tract 14875, located at the southeast corner of Archibald Avenue and Church Street, submitted by Ambling West, LLC, and release of previously submitted Improvement Agreements, Improvement Securities and Monumentation Cash Deposit accepted by City Council on February 21, 2001, and July 3, 2002, respectively, from Archibald Garden Villas Limited Partnership. RESOLUTION NO. 03-221 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT FOR TRACT 14875 AND RELEASING THE IMPROVEMENT AGREEMENTS, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT PREVIOUSLY ACCEPTED BY CITY COUNCIL ON FEBRUARY 21, 2001, AND JULY 3, 2002, RESPECTIVELY E20. Approval of Map and Ordering the Annexation to Landscape Maintenance District No. 4 and Street Lighting Maintenance District Nos. 1 and 4 for Parcel Map Number 15923, located at the southwest corner of Church Street and Mayten Avenue, submitted by LDC Cougar, LLC. RESOLUTION NO. 03-222 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA CALIFORNIA, APPROVING PARCEL MAP NUMBER 15923 RESOLUTION NO. 03-223 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 4 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 4 FOR PARCEL MAP NUMBER 15923 E21. Approval to execute contract renewals (CO 90-143, 90-144, 93-041, 93-080) with Trugreen Landcare, of Anaheim, California, for the maintenance of various landscape sites Citywide, in the amount not to exceed $2,214,943 to be funded from Account Nos.: 1130303-5300 ($372,111), 1131303-5300 ($922,642), 1134303-5300 ($298,900), 1135303-5300 ($1,800), 1136303-5300 ($249,670), 1137303- 5300 ($247,660), 1138303-5300 ($21,560), 1139303-5300 ($19,800), and 1140303-5300 ($80,800) for Fiscal Year 2003-2004. E22. Approval to execute contract renewals (CO 90-145, 89-136, 02-018, 93-006) with Mariposa Horticultural Enterprises, Inc., of Irwindale, California, for the maintenance of City parks and landscape sites, in the amount not to exceed $1,134,895 to be funded from 1001312-5304 ($7,350), 1001316-5300 ($393,920), 1008318-5300 ($70,350), 1120305-5650/1271120-0 ($6,000), 1120305-5650/1272120-0 ($12,000), 1130303-5300 ($214,000), 1131303-5300 ($50,500), 1132303-5300 ($1,850), 1133303-5300 ($269,525), 1134303-5300 ($97,400), and 1140303-5300 ($12,000) for Fiscal Year 2003-2004. E23. Approval to execute a contract renewal (CO 92-011) with Trugreen Landcare (formerly Golden Bear Arborists) of Monrovia, California, for the maintenance of City trees, in the amount not to exceed $436,100 to be funded from 1001316-5300 ($238,000), 1130303-5310 ($49,000), 1131303-5310 ($46,000), 11333303-5310 ($35,300), 1134303-5310 ($13,200), 1136303-5310 ($25,200), 1137303-5310 ($13,100), 1139303-5310 ($2,050), 1140303-5310 ($2,250), and 1848303-5310 ($12,000) for Fiscal Year 2OO3-2004. City Council Minutes August 6, 2003 Page 9 E24. Approval to accept Improvements, release the Faithful Performance Bond, and file a Notice of Completion for improvements for CUP 96-27, submitted by Texaco Refining and Marketing, Inc., located on the southwest corner of Milliken Avenue and Base Line Road. RESOLUTION NO. 03-224 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CUP 96-27 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E25. Approval to accept Improvements, release the Faithful Performance Bond, and file a Notice of Completion for improvements for CUP 96-32, submitted by Auto Nation USA, located on the northeast corner of Fourth Street and Buffalo Avenue. RESOLUTION NO. 03-225 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CUP 96-32 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E26. Approval to accept Improvements, release the Faithful Performance Bond, and file a Notice of Completion for improvements for DR 00-13 submitted by Young Homes, located on the northeast corner of Trademark Street and Center Avenue. RESOLUTION NO. 03-226 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 00-13 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E27. Approval to accept Improvements, re[ease the Faithful Performance Bond, and file a Notice of Completion for improvements for DR 98-12, submitted by Charles Unsworth, located at the northwest terminus of Bell Court, west of Red Oak Street. RESOLUTION NO. 03-227 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 98-12 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E28. Approval to release the Maintenance Guarantee Bond for CUP 99-49, located on the northwest corner of Haven Avenue and Alta Loma Drive, submitted by Evergreen Devco, Inc. E29. Approval to accept Improvements, release the Faithful Performance Bond, and file a Notice of Completion for improvements for Parcel Map 13724, submitted by Foothill Marketplace Partners, located on the south side of Foothill Boulevard between 1-15 and Etiwanda Ave. RESOLUTION NO. 03-228 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 13724 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK City Council Minutes August 6, 2003 Page 10 E30. Approval to accept Improvements, release the Faithful Performance Bond, and file a Notice of Completion for improvements for Tract 12462, submitted by Lauren Development, Inc., located on the south side of Summit between Etiwanda and East Avenues. RESOLUTION NO. 03-229 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 12462 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E31. Approval to release the Maintenance Guarantee Bond for Tracts 13566 and 13566-2, located south of Wilson and west of Cherry Avenue, submitted by Rancho Cucamonga, LLC. E32. Approval to release the Maintenance Guarantee Bond for Tract 14459, located on the southeast corner of Archibald and Lemon Avenues, submitted by Alta Loma One and Two. E33. Approval to release the Maintenance Guarantee Bond for DR 99-59, located on the 10750 Toronto Street, submitted by Oxmoor I1. MOTION: Moved by Kurth, seconded by Williams to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 5-0. l[ F. CONSENT ORDINANCES I Fl. CONSIDERATION OF PROGRAM CHANGES TO THE CITY OF RANCHO CUCAMONGA SOLID WASTE AND RECYCLING SYSTEM Debra J. Adams, City Clerk, read the title of Ordinance No. 711. ORDINANCE NO. 711 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING A NEW SECTION 18.290 TO CHAPTER 18.19 OF THE RANCHO CUCAMONGA MUNICIPAL CODE, RELATING TO RECYCLING AND DIVERSION OF CONSTRUCTION AND DEMOLITION WASTE MOTION: Moved by Gutierrez, seconded by Kurth to waive full reading and approve Ordinance No. 711. Motion carried unanimously 5-0. F2. CONSIDERATION OF ADDENDUM TO ENVIRONMENTAL IMPACT REPORT AND GENERAL PLAN AMENDMENT DRC2003-00254 - JPI WESTCOAST DEVELOPMENT1 L.P. - A proposed amendment to Section 2.5.5.6 of the Rancho Cucamonga IASP Subarea 18 Specific Plan, and Table 111-9 of the City of Rancho Cucamonga General Plan to increase the allowable number of multi-family residential units from 1,388 to 1,887. An Environmental Impact Report was previously certified in June 1994. The Addendum is being prepared in accordance with the California Environmental Quality Act. APN: 0210-082-47. Related File: Subarea 18 Specific Plan Amendment DRC2003-00255. Debra J. Adams, City Clerk, read the title of Ordinance No. 713. City Council Minutes August6,2003 Page 11 ORDINANCE NO. 713 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT DRC2003-00254, A REQUEST TO INCREASE THE ALLOWABLE NUMBER OF MULTI-FAMILY RESIDENTIAL UNITS iN THE RANCHO CUCAMONGA IASP SUBAREA 18 SPECIFIC PLAN MIXED-USE LAND USE DESIGNATION, LOCATED ON THE NORTHWEST CORNER OF 4TM STREET AND MILLIKEN AVENUE, AND MAKING FINDINGS iN SUPPORT THEREOF- APN: 0210-082-47 MOTION: Moved by Gutierrez, seconded by Kurth to waive full reading and approve Ordinance No. 713. Motion carried unanimously 5-0. F3. CONSIDERATION OF ADDENDUM TO ENVIRONMENTAL IMPACT REPORT AND RANCHO CUCAMONGA IASP SUBAREA 18 SPECIFIC PLAN AMENDMENT DRC2003-00255 JPI WESTCOAST DEVELOPMENT, L.P. - A request to modify the permitted land uses allowed within Subarea 18 Planning Area VII to allow High Residential (24-30 dwelling units per acre), located at the northwest corner of Milliken Avenue and Fourth Street. An Environmental Impact Report was previously certified in June 1994. The Addendum is being prepared in accordance with the California Environmental Quality Act- APN: 0210-082-47. Related File: General Plan Amendment DRC2003-00254. Debra J. Adams, City Clerk, read the title of Ordinance No. 714. ORDINANCE NO. 714 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING RANCHO CUCAMONGA IASP SUBAREA 18 SPECIFIC PLAN AMENDMENT DRC2003-00255, A REQUEST TO ADD MULTI-FAMILY RESIDENTIAL AS A PERMITTED USE IN THE MIXED-USE PLANNING AREA VII, LOCATED ON THE NORTHWEST CORNER OF 4TH STREET AND MILLIKEN AVENUE, AND MAKING FINDINGS iN SUPPORT THEREOF- APN: 0210-082-47 MOTION: Moved by Gutierrez, seconded by Kurth to waive full reading and approve Ordinance No. 714. Motion carried unanimously 5-0. II ~. ADVERTISED PUBLIC HEARINGS II Gl. CONSIDERATION OF PUBLIC INTEREST, CONVENIENCE AND NECESSITY IN GRANTING A TAXICAB SERVICE PERMIT TO AAA INLAND EMPIRE CAB Jack Lam, City Manager, stated the applicant has requested that this item be continued until the September 17, 2003 meeting. Mayor Alexander opened the meeting for public hearing. MOTION: Moved by Kurth, seconded by Williams to continue the item to September 17, 2003 at 7:00 p.m. to be held at the Cucamonga County Water District offices, located at 10440 Ashford Street, Rancho Cucamonga, California. Motion carried unanimously 5-0. City Council Minutes August 6, 2003 Page 12 No Items Submitted. It I. CITY MANAGER'S STAFF REPORTS I I1. APPROVAL OF A GRANT FROM THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA {CO 03-079); AND A RELATED MEMORANDUM OF UNDERSTANDING (CO 03-080) FOR ACCEPTING A "CITY MAKEOVER GRANT" WITH THE SAM AND ALFREDA MALOOF FOUNDATION. (AUTHORIZATION TO APPROPRIATE $75,000 IN GRANT REVENUE INTO ACCOUNT 1242000-4740 AND THE $75,000 GRANT EXPENDITURES INTO ACCOUNT NUMBER 1242303-5300). Staff report presented by Kimberly Thomas, Management Analyst I1. Mayor Alexander opened the item for public input. There being no response, public input was closed. Councilmember Gutierrez stated he appreciated Sam Maloof for being such a talented individual and hoped that he could take his family to his place to see it. MOTION: Moved by Williams, seconded by Kurth to approve CO 03-079 and CO 03-080. Motion carried unanimously 5-0. 12. ADDED ITEM - UPDATE ON CENTRAL PARK Kevin McArdle, Community Services Director, stated the City is out to bid on phase I of the Central Park project. He stated phase I includes a community center and senior center, as well as the necessary improvements, i.e., parking lot, grading, etc. He stated this will be followed shortly by landscaping and park improvements. He stated there are no generel fund dollars being used, that it is being funded with federal, state and private funds for this project. He stated because of donations by the Lewis Family through land acquisitions totaling in the millions of dollars for this project, it will be recommended very soon to the Council that the community center be called the Goldie S. Lewis Community Center. He added the family is very thrilled by this. Councilmember Kurth stated several years ago he had the opportunity to meet the Lewis' through previous committees he participated in and added they are very down-to-earth, good people. He stated he likes the idea of putting her name on this. He also thanked Senator Brulte and Congressman Dreier for assisting the City with the funding for this. II J. COUNCIL BUSINESS I J1. CONSIDERATION OF A VOTING REPRESENTATIVE AND AN ALTERNATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL MEETING Staff report presented by Jack Lam, City Manager. City Council Minutes August 6, 2003 Page 13 MOTION: Moved by Kurth, seconded by Williams to select Councilmember Williams as the voting delegate and Michelle Dawson, Management Analyst III, as the alternate. Motion carried unanimously 5- 0. K. IDENTIFICATION OF ITEMS FOR THE NEXT MEETING No items were identified for the next meeting. L. PUBLIC COMMUNICATIONS L1. John Lyons stated at the last meeting he had asked Councilmember Gutierrez to release a letter that was under the Attorney Client privilege. He stated they would like to know who Councilmember Gutierrez's conflicts are with. James Markman, City Attorney, stated this is a privileged document and he is required under the State Bar to do this. He stated it is up to Councilmember Gutierrez to release the information. He added there were no conflicts of interest by Councilmember Gutierrez at the last meeting. Councilmember Gutierrez stated any abstentions he has made since has been back on the Council did not involve Burrtec and that he has no conflicts with them. L2. Melanie Ingram stated she also heard Arnold Schwarzenegger is running for Governor and stated Dan Richards is also. I ~i. ADJOURNMENT II MOTION: Moved by Kurth, seconded by Gutierrez to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 8:05 p.m. Respectfully submitted, City Clerk Approved: August 20, 2003