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HomeMy WebLinkAbout2004/02/18 - Minutes February 18, 2004 CITY OF RANCHO CUCAMONGA CITY COUNCIL CLOSED SESSION MINUTES The Rancho Cucamonga City Council held a closed session on Wednesday, February 18, 2004, 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 Pro Tern Diane Williams. Present were Councilmembers: Rex Gutierrez, Robed J. Howdyshell, Donald J. Kurth, M.D., and Mayor Pro Tem Diane Williams. Absent was Counoilmember: Mayor William J. Alexander Also 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 Pro Tern Williams 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 communication was made on closed session item. Il m. CONDUCT OF CLOSED SESSION The closed session began at 5:35 p.m. The closed session recessed at 6:46 p.m., and reconvened at 9:45 p.m. at the conclusion of the City Council meeting. Closed session adjourned at 10:15 p.m. with no action taken. City Council Minutes February 18, 2004 Page 2 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES RefluIar Meetinq A. CALLTO ORDER A regular meeting of the Rancho Cucamonga City CounciI was held on Wednesday, February 18, 2004, in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Pro Tem Williams called the meeting to order at 7:23 p.m. Present were Councilmembers: Rex Gutierrez, Robert J. Howdyshell, Donald J. Kurth, M.D., and Mayor Pro Tem Diane Williams. Absent was Councilmember: Mayor William J. Alexander Aisc present were: Jack Lam, City Manager; James Markman, City Attorney; Linda D. Daniels, RDA Director; Mike Nelson, Sr. RDA AnaIyst; Larry Temple, Administrative Services Director; Sid Siphomsay, Information Systems Analyst; Shelly, Information Systems Specialist; Joe O'Nei[, City Engineer; Brad BuIler, City PIanner; Emily Wimer, Assistant Planner; Trang Huynh, Building Official; Mark Salazar, Code Enforcement Supervisor; Kevin McArdle, Community Services Director; Francie Martindale, Marketing Manager; Paula Pachon, Management Analyst III; 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 Ill; Kimberly Thomas, Management Analyst II; Kathy Scott, Deputy City Clerk; and Debra J. Adams, City CIerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of a Proclamation to the American Cancer Society in recognition of "Relay for Life" - a team event to fight cancer. Mayor Pro Tern Williams presented the Proclamation to Faye Visconti, Relay Chair and Cindy Runge, Team Recruitment Chair. B2. Presentation of touch screen voting equipment by the San Bernardino County Registrar of Voters. City Clerk, Debra J. Adams, introduced Donna Manning, Chief Deputy Registrar of the San Bernardino County Registrar of Voters. Donna Manning, Chief Deputy Registrar of the San Bernardino County Registrar of Voters, demonstrated the new equipment to be used beginning with the March 2, 2004 election. B3. Presentation of a Proclamation to the Cucamonga Valley Water District (CVlND) thanking the CVVVD Board and staff for the use of their facilities. Mayor Pro Tem Williams presented the Proclamation to Jim Curatalo, Jr., from the Cucamonga Valley Water District Board of Directors. City Council Minutes February 18, 2004 Page 3 C. Pt SI. IC COMMUNICATIONS C1. Marjorie Musser-Mikels referred to item J3, which asks for support for Proposition 57. She continued talking about the State's budget crisis. She asked that Proposition 56 be supported, but to vote no on Proposition 57. C2. Carol Douglas, Alta Loma Riding Club, stated she is very proud because of the sense of community between the City Council, Cucamonga Valley Water District and the Fire Depadment. She stated Alta Loma Riding Club also strives to be part of this. She wanted to thank the Council for approving an item that was on the Consent Calendar at the February 4 meeting, which was a "Notice Inviting Bids" for the Construction of Beryl Community Trail from Hillside Road to north of Almond Street. She thanked them for their support. C3. Leslie Grimes commented on the "Relay for Life" and stated she is willing to help. She wanted to comment on the lawsuit between the Colonies Project developer and the County. She stated she does not understand how they do not understand basic principles of geography and topography. She stated they are building a project in the middle of the Cuoamonga Wash and are playing the blame game when they claim they have just become aware of developmental issues relating to flood control. She felt people should ask the County to hold firm on this lawsuit and not settle it because the area needs to remain as flood control. She asked everyone that is listening to write the County and ask them to hold firm. C4. Patricia Carlson asked the Council to consider for a future meeting or establishing a committee to work on the identify of the City of Rancho Cucamonga. She stated she is running into more and more people that are not sure if they are living in Etiwanda, Alta Loma or Cucamonga. She felt we need to keep our history in tact, but that we are one unified City of Rancho Cucamonga. She felt it was time for a fresh look so the zip code is for Rancho Cucamonga. C5. Melanie Ingram, Rosebud, stated there was a newspaper article about Kurth's campaign. She stated he is misleading people by stating that he is running for re-election. She stated neither Mayor Alexander, the Fire Union nor David Grossberg is part of the recall election movement. She stated Diane Williams and Rex Gutierrez had made the decision, behind closed doors, to appoint Kurth and Howdyshell. She also commented that Kurth took campaign contributions from Dan Richards of the Colonies Project. D. COUNCIL COMMUNICATIONS D1. Councilmember Gutierrez wanted to again thank the Cucamonga Valley Water District for the use of their building. He commented on the American Cancer Society walk to take place at Los Osos High School. He stated he would like to participate. He commented that Max Egington, who is a Boy Scout, was visiting the meeting tonight. He stated he had talked to a constituent about street cleaning and felt signs should be posted indicating when the street will be cleaned. He stated there is concern about some of the street vendors in the South Cucamonga area and that he has had complaints from those residents about this. D2. Councilmember Howdyshell wanted to recognize Eagle Scouts Andrew Acker, Wil Yeager and Cody Ingram and felt they will become community leaders. City Council Minutes February 18, 2004 Page 4 D3. CounciImember Kurth talked about the interfaith forum event that he had attended at Charley College in their new building. He commented that Spencer Hutchings is present to work on a Scouting merit badge. D4. Mayor Pro Tern Williams stated she went to a ribbon cutting for State Farm Insurance where they have consolidated some of their offices into one large one in Rancho Cucamonga. She also commented on the Mercury Insurance building and that it is great that some of these big companies are bringing their business to Rancho Cucamonga. E. CONSENT CALENDAR I El. Approval of Minutes: January 21,2004 February 4, 2004 E2. Approval of Warrants, Register January 28, 2004 through February 9, 2004, and Payroll ending February 9, 2004, for the total amount of $5,970,477.03. E3. Approve to receive and file current investment ScheduIe as of January 31,2004. E4. Approval to accept and expend grant revenue in the amount of $17,156.16 awarded by the State of CaIifornia Office of Traffic Safety for sobriety checkpoint overtime into Fund 370, Account 4740, Expense 5005. ES. Approval of plans, specifications and estimates and to authorize the advertising of the "Notice Inviting Bids" for improvements in Phases lB(B), 3B(A) and 3B(B) of Community Facilities Districts 2001-01 and 2003-01 (to be bid and constructed as one project), including street, storm drain, water facilities, sewer facilities, traffic signal modifications, landscaping and fiber optic conduits on Foothill Blvd. between Rochester Avenue and the I-15 Freeway, to be funded from Acct. Nos. 16123035650 and 16143035650. RESOLUTION NO. 04-026 A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF iMPROVEMENTS IN PHASES lB(B), 3B(A) AND 3B(B) OF COMMUNITY FACILITIES DISTRICTS 2001-01 AND 2003-01, INCLUDING STREET, STORM DRAIN, WATER FACILITIES, SEWER FACILITIES, TRAFFIC SIGNAL MODIFICATIONS, LANDSCAPING AND FIBER OPTIC CONDUITS QN FOOTHILL BOULEVARD BETWEEN ROCHESTER AVENUE AND THE 1-15 FREEWAY, IN SAiD CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS E6. Approval of Drainage Reimbursements for the General City Area Master Plan for FY 2002/2003 and appropriation of $61,666 to Acct. No. 1112303-5650/1026112-0. ET. Approval to Summarily Vacate the irrevocable Offer of Parcel "A" of Parcel Map No. 13692, an Offer of Dedication for future pubIic access to Parcel 2, located south of Wilson Avenue and west of Haven Avenue; V-192 - APN: 201-182-34. City Council Minutes February 18, 2004 Page 5 RESOLUTION NO. 04-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF THE iRREVOCABLE OFFER OF PARCEL "A" OF PARCEL MAP NO. 13692, AN OFFER OF DEDICATION FOR FUTURE PUBLIC ACCESS TO PARCEL 2, LOCATED SOUTH OF WILSON AVENUE AND WEST OF HAVEN AVENUE; V-192 - APN: 201-182-34 E8. Approval of Environmental Assessment and Historic Point of Interest Designation DRC2003-01048 - City of Rancho Cucamonga - a request to designate the Pioneer Winery, located at 8812 Haven Avenue, as an Historic Point of Interest in order to allow demolition of all buildings and structures on property - APN: 0209-131-02. REMOVED FOR DISCUSSION BY MAYOR PRO TEM WILLIAMS RESOLUTION NO. 04-028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DESIGNATING THE CUCAMONGA PIONEER WINERY A HISTORIC POINT OF INTEREST, LOCATED AT 8812 HAVEN AVENUE AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0209-131-02 E9. Approval o1 Improvement Agreement, Improvement Securities and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District No. 1 for DRC2002- 00499, located at the southwest corner of 6th Street and Fairway View Place, submitted by KSL Rancho Cucamonga, L.P. RESOLUTION NO. 04-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR DRC2002- 00499 RESOLUTION NO. 04-030 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 NO. 1 FOR DRC2002-00499 El0. Approval of Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for DRC2002-00511, located at 8657 and 8661 Pecan Avenue (APN: 229-181-09 and 229-181-12) submitted by Samuel V. DiCarlo and Barbara J. DiCarlo. RESOLUTION NO. 04-031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING iMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DRC2002-00511 City Council Minutes February 18, 2004 Page 6 RESOLUTION NO. 04-032 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 DRC2002-00511 Ell. Approval of Improvement Agreement, Improvement Securities and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for DRC2002-00922, located at the east side of Fai~ay View Place, south of 6~" Street, submitted by Fairway Business Center on Milliken. RESOLUTION NO. 04-033 A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF RANCHO CUCAMONGA, CALiFORNiA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR DRC2002- 00922 RESOLUTION NO. 04-034 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 DRC2002-00922 E12. Approval of Improvement Agreement, Improvement Securities and Monument Cash Deposit for Tract 14771, located north of Ringstem Drive, east of Haven Avenue, submitted by Toll Brothers and release of previously submitted Improvement Agreement, Improvement Securities and Cash Monumentation Deposit accepted by City CounciI on October 15, 1997, from Lauren Development, Inc. RESOLUTION NO. 04-035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING iMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT FOR TRACT 14771 AND RELEASING THE IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT PREVIOUSLY ACCEPTED BY CITY COUNCIL ON OCTOBER 15, 1997 E13. Approval of Map, improvement Agreement, Improvement Security, Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 3 for Parcel Map No. 16365 located on the northwest corner of Day Creek BoL~levard and Foothitl Boulevard, submitted by Regency Realty Group, Inc., - APN: 227-201-44. RESOLUTION NO. 04-036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 16365, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY City Council Minutes February 18, 2004 Page 7 RESOLUTION NO. 04-037 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 3 FOR PARCEL MAP 16365 E14. Approval of Map, Improvement Agreement, Improvement Security, Ordering the Annexation to Landscape Maintenance District No. 2 and Street Lighting Maintenance District Nos. 1 and 3 for Tract No. 16370, located on the northwest corner of Church Street and Arbor Lane, submitted by Victoria Arbors, LLC - APN: 227-161-46 and 47. RESOLUTION NO. 04-038 A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 16370, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO. 04-039 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 MAP 16370 E15. Approval of Map, improvement Agreement, Improvement Security Rider and Ordering the Annexation to Landscape Maintenance District No. 9 and Street Light Maintenance District Nos. 1 and 8 for Tract Map 16455, located at the southwest corner of Base Line Road and the southbound 1-15 Freeway onramp, submitted by KB Home Greater Los Angeles, Inc. RESOLUTION NO. 04-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 16455, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO. 04-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 9 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 8 FOR TRACT MAP 16455 E16. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $827,058.40 to the lowest responsible bidder, Mega Way Enterprises (CO 04-011), and authorize the expenditure of a 10% contingency in the amount of $82,705.84, for the Landscaping and Sidewalk in Phase lA of Community Facilities District 2001-01, to be funded from CFD 2001-01 funds, Acct. No. 16123035650/1442612-0 and appropriate $909,764.24 (Contract award of $827,058.40 plus 10% contingency in the amount of $82,705.84) to Acct. No. 16123035650/1442612-0 from CFD 2001-01 fund balance. City Council Minutes February 18, 2004 Page 8 E17. Approval of the Lease Agreement (CO 04-012) between San Bemardino Associated Governments (SANBAG) and the City of Rancho Cucamonga for the Etiwanda Railway Station and the Pacific Electric Railway Right of Way. REMOVED FOR DISCUSSION BY MAYOR PRO TEM WILLIAMS RESOLUTION NO. 04-042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A LEASE AGREEMENT BETWEEN SAN BERNARD[NO ASSOCIATED GOVERNMENTS (SANBAG) AND THE CITY OF RANCHO CUCAMONGA FOR THE ETIWANDA RAILWAY STATION AND THE PACIFIC ELECTRIC RAILWAY RIGHT OF WAY EXTENDING FROM WESTERLY TO EASTERLY CiTY LIMITS E18. Approval to execute a Sublease Amendment between the Rancho Cucamonga Redevelopment Agency and the City of Rancho Cucamonga, as sublessee, to assign certain rights to make emergency repairs and construct an emergency generator on property known as the Foothill Family Sports Center, located at 9059 San Bernardino Road. E19. Approval of Improvement Agreement Extension for Banyan Street between Day Creek Boulevard and Rochester Avenue, submitted by Rancho Etiwanda 685, LLC. RESOLUTION NO. 04-043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUOAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR BANYAN STREET BETWEEN DAY CREEK BOULEVARD AND ROCHESTER AVENUE E20. Approval of Improvement Agreement Extension for Day Creek BouIevard Traffic Signals at Vintage Drive, Banyan Street and Wilson Avenue, submitted by Rancho Etiwanda 685, LLC. RESOLUTION NO. 04-044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR DAY CREEK BOULEVARD TRAFFIC SIGNALS AT VINTAGE DRIVE, BANYAN STREET AND WILSON AVENUE E21. Approval of Improvement Agreement Extension for Rancho Etiwanda Project (elementary schooI frontage improvements), located at northwest corner of Banyan Street and Bluegrass Avenue, submitted by Rancho Etiwanda 685, LLC. RESOLUTION NO. 04-045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALiFORNiA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR RANCHO ETIWANDA PROJECT AND THE ELEMENTARY SCHOOL FRONTAGE IMPROVEMENTS E22. Approval of improvement Agreement Extension for Rancho Etiwanda Project (street, storm drain and landscape infrastructure), located on both sides of Day Creek Boulevard north of 210 Freeway, submitted by Rancho Etiwanda 685, LLC. City Council Minutes February 18, 2004 Page 9 RESOLUTION NO. 04-046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR RANCHO ETIWANDA PROJECT AND THE STREET, STORM DRAIN AND LANDSCAPE INFRASTRUCTURE IMPROVEMENTS E23. Approval of Improvement Agreement Extension for Wilson Avenue Storm Drain Line A-l, located in Wilson Avenue, east of Day Creek Boulevard, submitted by Rancho Etiwanda 685, LLC. RESOLUTION NO. 04-047 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR WILSON AVENUE STORM DRAIN LINE A-1 E24. Approval of Improvement Agreement Extension for Wilson Avenue Storm Drain Lines "C" and "E", located west of Day Creek Boulevard in Wilson Avenue and north of Tract 14496, submitted by Rancho Etiwanda 685, LLC. RESOLUTION NO. 04-048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR WILSON AVENUE STORM DRAIN LINES "C" AND "E" E25. Approval to accept Improvements, release the Faithful Performance Cash Deposit, accept a Maintenance Cash Deposit, and file a Notice of Completion for Improvements for PM 15278, submitted by Plaza Developments, located on 6133 Archibald Avenue. RESOLUTION NO. 04-049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 15278 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E26. Approval to accept Improvements, release the Faithful Performance Cash Deposit, and file a Notice of Completion for Improvements for Parcel Map 16037, located at 8585 Comet Street, submitted by Jose and Grace Jimenez. RESOLUTION NO. 04-050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 16037 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E27. Approval to accept Landscape Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for Tracts 15711-1 and 15711-2, submitted by RC Homes, LLC, located on the south side of Miller Avenue between Etiwanda and East Avenues. City Council Minutes February 18, 2004 Page 10 RESOLUTION NO. 04-051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE LANDSCAPE iMPROVEMENTS FOR TRACTS 15711-1 AND 157tl-2 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E28. Approval to accept Improvements, release the Faithful Performance Bond, and fite a Notice of Completion for Improvements for Tract 15914, submitted by HER 22, LLC, located on Birdsong Place off of Hidden Farm Road, south of Almond, west of Hermosa Avenue. RESOLUTION NO. 04-052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 15914 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E29. Approval to accept Improvement, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for Improvements for Tract 16334, submitted by Richmond American Homes, located at the southeast corner of Rochester Avenue and the Southern Pacific Railroad Right-of-Way. RESOLUTION NO. 04-053 A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16334 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E30. Approval to release the Faithful Performance Bond, No. 6120873, in the amount of $24,245 for the Modification of Traffic Signals and Safety Lighting at the intersection of Banyan Street and Fredericksburg Avenue, Contract No. 02-032. E31. Approval to release the Faithful Performance Bond, No. 6120872, in the amount of $33,737 for the Modification of Traffic Signals and Safety Lighting at the Intersection of Carnelian Street and LaVine/La Grande Streets, Contract No. 02-033. E32. Approval to accept the Construction of the Heritage Park Storage Shed, Contract No. 03-045, as complete, retain the Faithful Performance Bond as a Guarantee Bond, release the Labor and Material Bond and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $59,001.20. RESOLUTION NO. 04-054 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE HERITAGE PARK STORAGE SHED, CONTRACT NO. 03-045 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E33. Approval to accept the Construction of the MilIiken Avenue Pavement Rehabilitation from 6th Street to 7'" Street, Contract No. 03-101, as complete, release the bonds, accept a Maintenance Bond and release the Labor and Material Bond, and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $137,242.57. City Council Minutes February 18, 2004 Page 11 RESOLUTION NO. 04-055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE MILLIKEN AVENUE PAVEMENT REHABILITATION FROM 6TH STREET TO 7TH STREET, CONTRACT NO. 03-101, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Kurth, seconded by Gutierrez to approve the staff recommendations in the staff reports contained within the Consent Calendar with the exception of items E8 and E17. Motion carried unanimously 4-0-1 (Alexander absent). DISCUSSION OF ITEM E8. Approval of Environmental Assessment and Historic Point of Interest Designation DRC2003-01048 - City of Rancho Cucamonga - a request to designate the Pioneer Winery, located at 8812 Haven Avenue, as an Historic Point of Interest in order to allow demolition of all buildings and structures on property - APN: 0209-131-02. Mayor Pro Tem Williams stated she has a concern about this and asked that when work is done at this site that the historic flavor be kept. She commented on the Masi Plaza project and stated how wonderful she felt that turned out. MOTION: Moved by Williams, seconded by Howdyshell to approve item E8. Motion carried 4-0-1 (Alexander absent). DISCUSSION OF ITEM E17. Approval of the Lease Agreement (CO 04-012) between San Bernardino Associated Governments (SANBAG) and the City of Rancho Cucamonga for the Etiwanda Railway Station and the Pacific Electric Railway Right of Way. Mayor Pro Tem Williams stated she was aware that some people would like to speak about this item and opened it up for public comment. Addressing the City Council were: Valerie Card stated she is a teacher at Etiwanda Intermediate School. She stated she understands there will be a public garden and offered her students to be part of the planting of the garden. She stated she would be happy to support their help with the planting of the community garden. Bob Curtis, a friend of the Rails to Trails Committee, thanked the Council for this project. He stated he is interested in protecting this station from vandalism. He strongly encouraged the Council's efforts to preserve this station. Councilmember Williams stated vandalism is a huge concern. She hoped that City crews could keep an eye on this and hoped they could store some of their materials there or park their trucks there to hopefully help control the vandalism. MOTION: Moved by Howdyshell, seconded by Kurth to approve item E17. Councilmember Kurth stated he supports Ms. Card's comments about the community garden. Motion carried 3-0-2 (Alexander and Gutierrez absent from vote). City Councir Minutes February 18, 2004 Page 12 11 F. CONSENT ORDINANCES [ No items submitted. II G. ADVERTISED PUBLIC HEARINGS I Gl. CONSIDERATION OF APPEAL OF DEVELOPMENT REVIEW DR02002-00116 - LEWIS EAGLE - An appeal of the Planning Commission's decision to deny a change of exterior building material for a 25,622 square foot warehouse in industrial District, Subarea 13 on a 1.25 acre site, located at 9275 Charles Smith Avenue - APN: 0229-283-02. Staff report presented by Emily Wimer, Assistant Planner. Mayor Pro Tern Williams opened the meeting for public hearing. Addressing the City Council were: Lewis Eagie, Developer of the commercial and industrial buildings. He stated he wants to change the building materials from travertine to sandblasted concrete. He stated he wants to build an attractive building. He had a modeI of what they are proposing with the sandblasted concrete for the Council to see. He added he has not seen any other buildings with the travertine and talked about how costly it is. He felt the sandblasted concrete would be attractive. The architect for the project talked about the model. He also distributed pictures for the Council's consideration. Mr. Eagle talked about the reasons the Planning Commission denied the material he wants to use. He stated it was his understanding there was a project a couple of buildings down from his that has been approved with the sandblasted concrete. Councilmember Howdyshell stated it was his understanding that originally Mr. Eagte submitted the project with travertine and then later changed the material. He stated it was his understanding from talking to a couple of the Planning Commissioners that they had suggested alternative materials other than the travertine and they had expected and are still waiting for Mr. Eagle to come back to design review with an additional proposal. Richard Cartosian, architect, stated they submitted the drawings for the building, but that they were not sure what color to make the glass. He stated they knew they wanted green, but did not know the color of the stripes. He said they knew they would have to submit their final selections to the design review committee. Councilmember Gutierrez asked him about the cost for the materials and if there are a lot of buildings in the City that have the sandblasted concrete. Brad Bulier, City Planner, stated yes. He stated the way the building was originally submitted was approved, and then they started making changes. He stated the Planning Commission wants them to finish their changes and submit the plans again for them to approve. Mr. Eagle stated he has driven around and seen a lot of sandblasted concrete on the buildings. Councilmember Kurth stated he does not really understand what the big deal is about this. Brad Duller, City Planner, stated the Planning Commission has not seen a complete proposal that they can look at. City Council Minutes February 18, 2004 Page 13 Councilmember Kurth suggested they bring back samples and plans to the Planning Commission to try to get this resolved. James Markman, City Attorney, stated he agreed with this suggestion. Councilmember Gutierrez stated he hoped the Planning Commission will be sensitive to any business so that a nice design of sandblasted concrete can be used. He stated he did not see anything wrong with using the sandblasted concrete. RESOLUTION NO. 04-056 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING THE REQUEST TO CHANGE EXTERIOR BUILDING MATERIALS FROM TRAVERTINE STONE TO HEAVY SANDBLASTED CONCRETE FOR DEVELOPMENT REVIEW DRC2002-00116, A 25,622 SQUARE FOOT INDUSTRIAL BUILDING IN THE GENERAL INDUSTRIAL DISTRICT (SUBAREA 13), LOCATED AT 9275 CHARLES SMITH AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0229-283-02 James Markman, City Attorney, suggested the Council take no action, but to send this back to the Planning Commission for review and that if it cannot get resolved, this could be brought back to the Council at that time. The Council concurred with the City Attorney's recommendation. [ H. PUBLIC HEARINGS [ No items submitted. I. CITY MANAGER'S STAFF REPORTS I1. APPROVAL OF AN ORDINANCE PROVIDING A ONE-YEAR EXTENSION TO THE TIME LIMIT ON THE EFFECTIVENESS OF THE REDEVELOPMENT PLAN AND THE TIME LIMIT TO REPAY INDEBTEDNESS OR RECEIVE PROPERTY TAXES PURSUANT TO HEALTH AND SAFETY CODE SECTION 33354.6 OR ARTICLE 12, AND AMENDING THE REDEVELOPMENT PLAN TO PROVIDE NO TIME LIMIT ON THE ESTABLISHMENT OF LOANS, ADVANCES AND INDEBTEDNESS PAID FROM THE REDEVELOPMENT AGENCY'S LOW AND MODERATE INCOME HOUSING FUND OR ESTABLISHING ADDITIONAL DEBT IN ORDER TO FULFILL THE AGENCY'S AFFORDABLE HOUSING OBLIGATIONS Staff report presented by Linda D. Daniels, Redevelopment Agency Director. Mayor Pro Tern Williams opened the meeting for public input. There being no response, public comments were closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 721. City Council Minutes February 18, 2004 Page 14 ORDINANCE NO. 721 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CERTAIN TIME LIMITATIONS WiTH RESPECT TO THE REDEVELOPMENT PLAN FOR THE RANCHO REDEVELOPMENT PROJECT PURSUANT TO THE PROVISIONS OF HEALTH AND SAFETY CODE SECTION 33333.6 MOTION: Moved by Kurth, seconded by Howdyshell to waive full reading and set second reading of Ordinance No. 721 for the March 3, 2004 meeting. Motion carried 4-0-1 (Alexander absent). 12. APPROVAL TO ACCEPT GRANT REVENUE IN THE AMOUNT OF $193,554 AWARDED BY THE STATE OF CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR THE CODE ENFORCEMENT GRANT PROGRAM (CEGP) INTO ACCT. NO. 1244000-4740 (GRANT INCOME); AND AUTHORIZATION TO APPROPRIATE $155,800 INTO ACCT. NO. 1244302-5604 (CAPITAL OUTLAY - VEHICLES); $17,950 iNTO ACCT. NO. 1244302-5605 (CAPITAL OUTLAY - COMPUTER EQUIPMENT); $4,200 INTO ACCT. NO. 1244302-5203 (CAPITAL OUTLAY - CAMERA EQUIPMENT); $5,620 INTO ACCT. NO. 1244302-5285 (CAPITAL OUTLAY - SAFETY GEAR AND EQUIPMENT); $1,200 INTO ACCT. NO. 1244302-5200 (CAPITAL OUTLAY - OPERATIONS AND MAINTENANCE); AND $8,784 INTO ACCT. NO. 1244302-5300 (CONTRACT SERVICES) FOR TOTAL GRANT EXPENDITURES OF $193,554. Staff report presented by Mark Salazar, Code Enforcement Supervisor. He also introduced two of his staff, Julie Lobos and Allison Roland, and thanked them for their help with this. MOTION: Moved by Howdyshell, seconded by Kurth to approve staff's recommendation. Motion carried unanimously 4-0-1 (Alexander absent). ~ J. COUNCIL BUSINESS I J1. PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE Councilmember Gutierrez stated he was at the park in northeast Rancho Cucamonga and felt padding was needed on the "little springing rides" for the kids, which would protect them from hitting their heads. ACTION: Report received and filed. J2. CONSIDERATION OF A RESOLUTION SUPPORTING THE LOCAL TAXPAYERS AND PUBLIC SAFETY PROTECTION ACT, A STATEWIDE BALLOT INITIATIVE TO REQUIRE VOTER APPROVAL BEFORE STATE GOVERNMENT MAY CONFISCATE LOCAL TAX FUNDS Staff report presented by Michelle Dawson, Management Analyst Ill. RESOLUTION NO. 04-057 A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUPPORTING THE LOCAL TAXPAYERS AND PUBLIC SAFETY PROTECTION ACT, A STATEWIDE BALLOT INITIATIVE TO REQUIRE VOTER APPROVAL BEFORE STATE GOVERNMENT MAY CONFISCATE LOCAL TAX FUNDS City Council Minutes February 18, 2004 Page 15 MOTION: Moved by Kurth, seconded by Howdyshell to approve Resolution No. 04-057. Motion carried 4-0-1 (Alexander absent). J3. CONSIDERATION OF A RESOLUTION SUPPORTING PROPOSITIONS 57 (THE ECONOMIC RECOVERY BOND ACT) AND PROPOSITION 58 (THE CALIFORNIA BALANCED BUDGET ACT) ON THE MARCH BALLOT Staff report presented by Michelle Dawson, Management Analyst IlL Councilmember Kurth felt the City needs to support and approve this ResoIution. He felt this wouId move things in the right direction. Councilmember Gutierrez stated he has reservations voting for this not knowing if the state will take more revenue away from the City. He hoped measures will be developed to protect local revenue. Councilmember Howdyshell stated he has not heard anything any better than this and will support it. Mayor Pro Tern Williams stated she concurred with everything the Council has already said. RESOLUTION NO. 04-058 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUPPORTING PROPOSITION 57 (THE ECONOMIC RECOVERY BOND ACT) AND PROPOSITION 58 (THE CALIFORNIA BALANCED BUDGET ACT) ON THE MARCH BALLOT MOTION: Moved by Kurth, seconded by Howdyshell to approve Resolution No. 04-058. Motion carried 4- 0-1 (Alexander absent). I[ K. IDENTIFICATION OF ITEMS FOR THE NEXT MEETING 11 No items were identified for the next meeting. I[ L. PUBLIC COMMUNICATIONS II L1. REQUEST BY WILLIAM TRUDEAU TO CHANGE CITY'S ROOFING ORDINANCE TO ALLOW HOMEOWNER THE OPPORTUNITY TO CHOOSE BETWEEN MULTIPLE TYPES OF ROOFING PRODUCTS. Mr. Trudeau was not present. The item will come back at the March 3, 2004 meeting. L2. John Shanahan stated he is concerned about what is going on in Sacramento and stated he did not agree with the CouncWs decision to support Proposition 57 and 58. He stated he is really disgusted with this. City Council Minutes February 18, 2004 Page 16 MOTION: Moved by Gutierrez, seconded by Howdyshell to recess to closed session to complete the agenda items. Motion carried unanimously 4-0-1 (Alexander absent). The meeting recessed at 9:43 p.m. The closed session adjourned at 10:15 p.m. with no action taken. Respectfully submitted, Debra J. Ad~ms, CMC City Clerk Approved: March 17, 2004