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Home My WebLink About2003/12/03 - Minutes December 3, 2003 CITY OF RANCHO CUCAMONGA CITY COUNCIL CLOSED SESSION MINUTES [ m. C^LL TO O,~DER II The Rancho Cucamonga City Council held a closed session on Wednesday, December 3, 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; Linda D. Daniels, Redevelopment Agency Director; and Joe O'Neil, City Engineer. 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 No one was present to comment on the closed session item. II D. cONI,UCT 0,~ cLoSED sESSION Il Closed session began at 5:35 p.m. The closed session recessed at 6:25 p.m. with no action taken. City Council Minutes December 3, 2003 Page 2 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meetinq A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, December 3, 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 7:09 p.m. 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; Linda D. Daniels, RDA Director; James C. Frost, City Treasurer; Larry Temple, Administrative Services Director; Tamara Layne, Finance Officer; Loraine Phong, Information Systems Analyst; Shelly Munson, Information Systems Specialist; Joe O'Neil, City Engineer; Brad Buller, City Planner; Larry Henderson, Principal Planner; Trang Huynh, Building Official; Kevin McArdle, Community Services Director; Dave Moore, Recreation Superintendent; Francie Martindale, Marketing Manager; Paula Pachon, Management Analyst III; Deborah Clark, Library Director; Captain Pete Ortiz, Rancho Cucamonga Police Department; Fire Chief Dennis Michael and Battalion Chief Peter Bryan, 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. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of a Proclamation to Cindy Scheidemantle in honor of being recognized as the "2003 L.A. County Fair Community Hero." Mayor Alexander presented the Proclamation to Cindy Scheidemantle. B2. Presentation in recognition of City and the Maloof Foundation's receipt of the Governor's Historic Preservation Award for 2003, for the Maloof Home Relocation Project. Mayor Alexander talked about the award. Councilmember Williams commented on the wonderful experience of accepting the award adding that it was quite an honor. Sam Maloof thanked the Fire Department for saving his home. City Council Minutes December 3, 2003 Page 3 Cl. John Lyons stated tonight is the one year anniversary of the Brown Action violation. He stated the Recall Committee still feels their website was sabotaged during the recall effort. He felt the City should investigate the sabotage efforts. C2. Don Richardson, Turquoise, stated his home was almost burned down during the Grand Prix Fire and stated he is trying to get some of the natural vegetation cleared near his home. He stated thanks to the Fire Department, it got cleared right before the fire got too close to his home. He asked about the laws for clearing brush. He asked that the City Council address this and felt the law needed to be changed so it can easily be cleared. He stated he was told the natural vegetation is not covered under Code Enforcement. Mayor Alexander stated there would be a report at the December 17 meeting to provide more information about this issue. C3. Jim Frost stated he wanted to bring some more names to the forefront that were not recognized during the 25th Anniversary Celebration. He stated one of the groups he wanted to mention was the Citizens Advisory Commission. He mentioned various City staff that were also involved in this Commission's first meeting. He continued to talk about their responsibilities. He mentioned the three communities of Etiwanda, Alta Loma and Cucamonga that came together to become the City of Rancho Cucamonga. C4. Melanie Ingram thanked Jim Frost for his contributions this last year. She also commented on the anniversary of the Brown Act Violation. She commented on the sound not working at the November 19 City Council meeting. She stated there were problems with the videotape of the meeting several months ago when the Job Center item first came before Council. She stated she had asked that this meeting play again so the public would be informed about this issue. She asked again that it be played on Channel 3 and also advertised why it was being played. She asked that the public hearing be put off until people can get additional information about this. She commented on Gary Kendrick's comments made at the last meeting stating he had made comments about Rancho Recall as well as members of the City Council. She felt the Council should look into the website matter as suggested by John Lyons. C5. Students of Etiwanda High School addressed the Council stating they are having problems hearing the meeting as they sit in the audience. II D. COUNCIL COMMUNICATIONS I[ O1. Councilmember Gutierrez wished everyone a happy holiday and stated he is very thankful for many things this year. He stated he would be glad when the brush grows back on the mountains again, but felt there needed to be a proactive program to clear the brush from the areas where it is a fire hazard. D2. Councilmember Howdyshell wanted to congratulate the three individuals that recently attained their Eagle Scout Court of Honor. He commended Steve Wagner, Dan Holcolm and Jacob Larson for this accomplishment. D3. Councilmember Kurth commended the students from Etiwanda High School that were present tonight for getting up to speak. He mentioned all of the issues the State and City are going through. He stated he has a tot to be grateful for. City Council Minutes December 3, 2003 Page 4 D4. Councilmember Williams talked about the garden at the Maloof Foundation Complex. She talked about a public planting that took place at this location. She stated there were about 100 people that were there helping at this event. She reminded everyone to shop Rancho Cucamonga so that the City can get the sales tax money. She stated this Friday at the Filippi Winery from 6:00 to 8:00 p.m. there is a open house to benefit the library. ~ l~, CONSENT CALENDAR II El. Approval of Minutes: November 5, 2003 November 19, 2003 E2. Approval of Warrants, Register Nos. 11/11/03 through 11/19/03 and Payroll ending 11/19/03 for the total amount of 2,863,192.77. E3. Approval of a Resolution authorizing the destruction of City records pursuant to California 6ovemment Code Section 34090, the City's Records Retention Schedule, and other applicable legal citations. RESOLUTION NO. 03-310 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 E4. Approval of a recommendation to deny the fee waiver request for rental of Lions West Community Center and RC Family Sports Center submitted by the American Christian Military Academy of Excellence. E5. Approval to accept grant revenue in the amount of $45,685.00 awarded by the United States Department of Justice Local Law Enforcement Block Grant Program into account No. 1368000-4740; authorization to appropriate $12,201.00 ($5,076.00 current year grant and $7,125.00 prior year grant) in matching funds transferred from Account No. 1001701-9368 into account 1368000-8001; and authorization to appropriate $122,007.00 ($50,761.00 funded by current year grant and $71,246.00 funded by prior year grant) into Account No. 1368701-5602 for total grant expenditures. E6. Approval of modifications to a previously approved agreement (CO 03-108) with the Chaffey College Foundation to broadcast the "Chaffey College Telethon" on RCTV-3, January 9 - 11,2004. E7. Approval to accept the bids received and award and authorize the execution of the contract (CO 03- 135) in the amount of $2,736,209.00 to the apparent Iow bidder, Sequel Contractors, Inc., and authorize the expenditure of a 10% contingency in the amount of $273,620.90, for the improvements in Phase 3A of Community Facilities District 2003-01, Including Street, Storm Drain, Water Main, Traffic Signal and Fiber Optic Conduits, to be funded from CFD 2003-01 funds, Account No. 16143035650/1442614-0. E8. Approval of a Reimbursement Agreement (CO 03-136) with Chaffey Joint Union High School District for installation of Master Plan Transportation Facilities including traffic signal at Milliken Avenue and Banyan Street, street improvements on west side of Milliken Avenue north of Banyan Street and Milliken Avenue median, and approval of an appropriation of $507,150.18 to Account No. 11243035650/1026124- 0 from transportation fund balance, in conjunction with the construction of Los Osos High School, submitted by Chaffey Joint Union High School District. City Council Minutes December 3, 2003 Page 5 RESOLUTION NO. 03-311 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT, SRA NO. 34, FOR CONSTRUCTION OF MILLIKEN AVENUE AND BANYAN STREET TRAFFIC SIGNAL, MILLIKEN MEDIAN AND STREET iMPROVEMENTS ON WEST SIDE OF MILLIKEN AVENUE NORTH OF BANYAN STREET, ASSOCIATED WITH THE CONSTRUCTION OF LOS OSOS PUBLIC HIGH SCHOOL E9. Approval of Improvement Agreement Extension for Tract 14496, located north of Wilson Avenue on the west side of Day Creek Boulevard, submitted by Granite Homes. RESOLUTION NO. 03-312 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 14496 El0. Approval of Improvement Agreement Extension for Tract 14496-1, located on the northwest corner of Wilson Avenue and Day Creek Boulevard, submitted by Granite Homes. RESOLUTION NO. 03-313 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 14496-1 Ell. Approval of Improvement Agreement Extension for Tract 14497, located on the west side of Bluegrass Avenue between Banyan Street and Wilson Avenue, submitted by Standard Pacific Corporation. RESOLUTION NO. 03-314 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 14497 E12. Approval of improvement Agreement Extension for Tract 14498, located on the southwest corner of Wilson Avenue and Bluegrass Avenue, submitted by Standard Pacific Corporation. RESOLUTION NO. 03-315 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 14498 E13. Approval of Improvement Agreement Extension for Tract 15838, located on the east side of Day Creek Boulevard between Banyan Street and Wilson Avenue, submitted by Standard Pacific Corporation. City Council Minutes December 3, 2003 Page 6 RESOLUTION NO. 03-316 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 15838 E14. Approval of map, Improvement Agreement, Improvement Securities, Monumentation Cash Deposit and Ordering the Annexation to Landscape Maintenance District No. 9 and Street Light Maintenance District Nos. 1 and 8 for Tract map 16335, located on the east side of East Avenue, north of the 1-15 Freeway, submitted by APHRCK, LLC, a Delaware Limited Liability Company. RESOLUTION NO. 03-317 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP 16335 IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT RESOLUTION NO. 03-318 A RESOLUTION OF THE CITY CQUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 9 AND STREET LIGHT MAINTENANCE DISTRICT NOS. 1 AND 8 FOR TRACT 16335 E15. Approval of Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for DRC2002-00306, located on the north side of Alta Loma Drive approximately 300 feet west of Haven Avenue, submitted by Alta Loma Preschool Limited Partnership. RESOLUTION NO. 03-319 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DRC2002-00306 RESOLUTION NO. 03-320 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 DRC2002-00306 E16. Approval of accept improvements, release the Faithful Performance Bond, accept a Maintenance Bond and file a Notice of Completion for Improvements for Tract 14523-1, located on the west side of Day Creek Boulevard between Wilson Avenue and Banyan Street, submitted by US Home Corporation. RESOLUTION NO. 03-321 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 14523-1 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK City Council Minutes December 3, 2003 Page 7 E17. Approval to accept improvements, release the Faithful Performance Bond, for landscape improvements for Tract 15875, located on the northeast corner of Base Line Road and Day Creek Boulevard, submitted by KB Home. E18. Approval to accept improvements, maintain the Faithful Per[ormance Bond, and file a Notice of Completion for improvements for Tract 16189, submitted by APHRCK, LLC, located on the east side of East Avenue, south of Victoria Street. RESOLUTION NO. 03-322 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16189 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Williams, seconded by Gutierrez to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 5-0. Il lq'. CONSENT ORDINANCES II No items submitted. II ~. ADVERTISED PUBLIC HEARINGS II No items submitted. II .. PUBLIC HEARINGS I No items submitted. II I. CITY MANAGER'S STAFF REPORTS II No items submitted. City Council Minutes December 3, 2003 Page 8 II J. COUNCIL BUSINESS I J1. LEGISLATIVE UPDATE - oral report Councilmember Williams stated the Governor rescinded the car tax fee which means nearly $6,000,000 of revenue for the City. She stated he has indicated he would backfill this money to the cities, but stated he is going to need some help if anyone has suggestions. She stated Congressman Dreier has helped the City to get $800,000 for the 115 and Base Line intemhange redesign and thanked him for his efforts. J2. GRAND PRIX FIRE RECOVERY, RESTORATION AND HAZARD MITIGATION UPDATE - oral report Staff report presented by Pamela Easter, Deputy City Manager, and Peter Bryan, Battalion Chief. An update was given on what the City is doing to prevent flooding and erosion problems as a result of the Grand Prix Fire. A flyer, which is on file in the City Clerk's office, is available with information relating to this. Battalion Chief Bryan presented information about a community meeting to take place on December 11 at 7:00 p.m. at Charley College which will be very informative for the community. He stated this will be taped so that if someone cannot attend the meeting it will be shown again on RCTV. Jack Lam, City Manager, stated at the next Council meeting there will be an item for the Council to consider spending reserves for some of the expenses associated with the fire. ]l K. IDENTIFICATION OF ITEMS FOR THE NEXT MEETING ] K1. Councilmember Williams stated she would like to discuss the Sign Ordinance because she felt it has been too relaxed lately and people are complaining about it. She stated she would be interested in a workshop where businesses could be involved. K2. Councilmember Williams stated she would like to look at a rezoning assessment for the southeast corner of Base Line and Day Creek because there is some discomfort from people as to what is going in at that location. No communication was made from the public. City Council Minutes December 3, 2003 Page 9 MOTION: Moved by Kurth, seconded by Williams to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 8:03 p.m. Respectfully submitted, ,.'Dbbra J. A¢..a('ns, CMC City Clerk -- Approved: December 17, 2003