HomeMy WebLinkAbout2003/07/16 - Minutes July 16, 2003
CITY OF RANCHO CUCAMONGA
CITY COUNCIL CLOSED SESSION MINUTES
II ^. C^LLTO Il
The Rancho Cucamonga City Council held a closed session on Wednesday, July 16, 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, Donald J. Kurth, M.D., Diane Williams and Mayor William
J. Alexander.
Aisc present were: Jack Lam, City Manager; James Markman, City Attorney; Pamela Easter, Deputy City
Manager; Joe O'Neil, City Engineer; and Brad Buller, City Planner.
Absent was Councilmember: Howdyshell
II B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) II
Mayor Alexander announced the closed session item.
BI. 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 LOCATED AT THE SOUTHEAST CORNER OF BASE LINE ROAD AND DAY CREEK
BOULEVARD MARKETPLACE PROPERTIES, MICHAEL RUE; BRAD BULLER, CITY PLANNER,
NEGOTIATING PARTY, REGARDING TERMS OF AGREEMENT - CITY
II c. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) II
No one was present to comment on the closed session items.
[[ D. CONDUCT OF CLOSED SESSION I
Closed session began at 5:35 p.m.
City Council Minutes
July 16, 2003
Page 2
The closed session recessed at 6:10 p.m. with no action taken.
CITY OF RANCHO CUCAMONGA
CITY COUNCIL MINUTES
Regular Meetinq
II A. II
A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, July 16, 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 7:10 p.m.
Present were Councilmembers: Rex Gutierrez, 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; James C. Frost, City Treasurer; Larry Temple, Administrative Services Director; Joe Kamrani,
Sr. Information Systems Analyst; Mike Toy, Information Systems Specialist; Joe O'Neil, City Engineer;
Bob Zetterberg, Integrated Waste Coordinator; Brad Buller, City Planner; Debra Meier, Contract Planner;
Kevin McArdle, Community Services Director; Paula Pachon, Management Analyst III; Dave Moore,
Recreation Superintendent; Francie Martindale, Marketing Manager; Deborah Clark, Library Director;
Captain Pete Ortiz, Rancho Cucamonga Police Department; Chief Dennis Michael, Rancho Cucamonga
Fire Protection District; Kimberly Smith, Fire Administrative Resoumes Manager - 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.
Absent was Councilmember: Robert Howdyshell
II A1N OUNCEMI NT$/PP $1 NTATION$ II
B1. Presentation of Certificates to Vineyard Little League "Major - Angels" (11 and 12 year olds) in
recognition of winning the City Championship.
This item was postponed to a future meeting as various team members continue to be in the
championships and could not be present.
City Council Minutes
July 16, 2003
Page 3
Cl. Hilda Phillips stated she likes what she sees on Milliken with regards to Central Park. She stated
she liked seeing progress being made.
C2. Nell Derry, Southern California Edison, stated he wanted to update the Council what had happened
at the California Public Utilities Commission (CPUC) meeting last week. He stated the CPUC lowered
Edison's rates for all customers beginning August 1. He added rates will be lowered between 8% and
19%. He added, the PUC's approval of the rate reduction, ends their customer's obligation for Edison's
share of the cost of the energy crisis, but not the State's. He stated the second decision issued by the
CPUC creates customer fairness on the second aspect of the crisis, which is the cost of the power
contracts entered into by the California Department of Water Resources (DWR). He stated the CPUC's
action will not allow City's to dodge the DWR charges at the expense of the Edison bundled customer.
He stated Edison understands the City is moving forward with its Victoria Arbors Municipal Utility and that
the City opposed this CPUC decision. He added Edison is aware that the Council approved the spending
of its reserves. Edison now feels the rate change should be included in the City's base case final analysis
as the City moves forward with its own electrical utility. He stated Edison will be working with the CPUC
and other parties on how to implement a plan for collection of the municipal departing load charges. He
stated Edison is interested in providing service to all of its customers at the lowest possible cost end to
protect their customers of unfair cost shifting. He stated Edison stands ready to work with the City.
C3. John Lyons stated he did not understand why the meeting could not be televised live. He stated he
wanted to talk about the Colonies project. He felt the project would increase Rancho Cucamonga's water
rates and felt this would interfere with Rancho Cucamonga's qualify of life. He asked that the Council do
something about this. He stated Rancho Recall is alive and well at P.O. Box 2641,91729, phone number
980-0935, email at ranchorecall.org. He stated they will be at the Thursday evening Concerts in the Park.
C4. Steve Rentoria, 11100 Canyon Way, stated there has recently been two special meetings regarding
the City's utility funding. He felt this was significant and should have had more notice to the public. He
felt the minutes should be approved and posted on the Internet quicker than they ere. He stated he has
more questions about the exit fees pertaining to the utility. He felt he has the right to give his input about
any issue.
C5. Gwyn Frost commented on the City's Founder's Day parades and stated this is a tradition for her
family. She commented her daughter is celebrating her 25th birthday, just as the City is celebrating its
25th annivemary of incorporation.
II o. Coo cI Co mcA Io s I
D1. Councilmember Kurth stated he is happy to be at CCWD for the Council meetings, and added he
was involved in the design of this building. He stated he had been in Washington, D.C. to meet with our
legislators about concerns of the City. He stated they are supportive of Rancho Cucamonga's projects.
D2. Councilmember Williams congratulated Councilmember Kurth on the fellowship he recently received
relating to substance abuse. She congratulated the new Chamber President, Rosemary Faust, and the
new Boardmembers. She commented on the Inland Empire Utilities Agency building in Chino stating that
everything used in construction was recyclable. She talked about the literacy program at the Library and
a program called "City's that Read". She stated the library is always looking for volunteers to assist
people with reading.
City Council Minutes
July 16, 2003
Page 4
D3. Councilmember Gutierrez thanked the CCWD staff and Robed DeLoach for letting the Council use
their facility. He stated he enjoyed the City's 4* of July celebration. He thanked the City staff for all their
work on this event. He felt traffic was a problem at this event and that the City will try to improve it for
next year. He stated he is proud of the City's youth programs. He stated he met with the Superintendent
of Etiwanda School District on various issues, including traffic in the Etiwanda area. He mentioned the
importance of weed abatement and historic preservation. He added he is happy to serve the people in
the City and well be happy to assist them if they care to call him with a concern.
II CONSENT CALENDAR II
Jack Lam, City Manager, asked that items 5 and 19 be removed from the agenda and would return
at a future meeting.
James Markman, City Attorney, asked that item 13 be removed for discussion and direction.
Councilmember Williams asked that item 15 be removed for discussion.
El. Approval of Minutes: June 4, 2003
June 9, 2003 (Special Meeting)
June 16, 2003 (Special Meeting)
E2. Approval of Warrants, Register June 25 through July 7, 2003, and Payroll ending July 7, 2003, for
the total amount of $2,788,876.39.
E3. Approve to receive and file current Investment Schedule as of June 30, 2003.
E4. Approval to authorize the advertising of the "Notice Inviting Bids" for the Fisher Drive Street
Improvements from East Avenue to Mulberry Street, to be funded from previously deposited developer
payment placed in Trust Acct. No. 18820002314.
RESOLUTION NO. 03-191
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PLANS AND
SPECIFICATIONS FOR THE "FISHER DRIVE STREET
IMPROVEMENTS FROM EAST AVENUE TO MULBERRY STREET" IN
SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO
ADVERTISE TO RECEIVE BIDS
E5. Approval of a proposal for Co-Sponsorship and Waiver of Various Fees and Charges for the Rancho
Cucamonga Chamber of Commerce's Grape Harvest Festival scheduled for October 3-5, 2003, at the
Epicenter Special Event area. REMOVED FROM AGENDA.
E6. 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 CUP
95-25, located at the southwest corner of Foothill Boulevard and Vineyard Avenue, submitted by Sahga
Group, L.P.
RESOLUTION NO. 03-192
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT
AGREEMENT, IMPROVEMENT SECURITIES FOR CUP 95-25
City Council Minutes
July 16, 2003
Page 5
RESOLUTION NO. 03-193
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 CUP 95-25
ET. 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
16313, located on the northeast corner of Day Creek Boulevard and Church 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. 03-194
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER
16313, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY
RESOLUTION NO. 03-195
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 16313
ES. 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
16314, located on the northeast corner of Day Creek Boulevard and Church 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. 03-196
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER
16314, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY
RESOLUTION NO. 03-197
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 16314
E9. Approval of Map, Improvement Agreement, Improvement Securities, Monumentation Cash Deposit
and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Light Maintenance
District Nos. 1 and 6 for Tract No. 16398, located at the northwest corner of Hellman Avenue and 7th
Street, submitted by W.F. Construction, Inc.
City Council Minutes
July 16, 2003
Page 6
RESOLUTION NO. 03-198
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING TRACT NO. 16398,
IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND
MONUMENTATION CASH DEPOSIT
RESOLUTION NO. 03-199
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 TRACT NO. 16398
El0. Approval of a recommendation from the Park and Recreation Commission for the approval of the
revised Street Banner Policy.
E11. Approval of Landmark Designation DRC2003-00469 - Thomas and Christina Pittenger - A request
to designate the Hogancamp Family Residence as a Historic Landmark, located at 9475 La Vine Street -
APN: 0202-072-21. Related File: Mills Act Agreement DRC2003-00485.
RESOLUTION NO. 03-200
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING HISTORIC LANDMARK
DRC2003-00469 TO DESIGNATE THE HOGANCAMP RESIDENCE,
LOCATED AT 9475 LA VINE, AS A LANDMARK - APN: 0202-072-21
E12. Approval of a Mills Act Agreement (DRC2003-00485) (CO 03-069) with Thomas and Christina
Pittenger to implement the use of the Mills Act to reduce property tax on the Hogancamp House, a
Designated Local Landmark located at 9475 La Vine - APN: 0202-072-21. Related files: Landmark
Designation DRC2003-00469.
E13. Approval to authorize the execution of an Electric Power and Sales Service Agreement with Forest
City Development (CO 03-072) to detail the rates and terms of service for all Forest City-owned property
within the Victoria Arbors Master Plan area. REMOVED FOR DISCUSSION BY CITY ATTORNEY.
E14. Approval to accept the bids received and award and authorize the execution of the Contract in the
amount of $8,644,119.85 to the apparent Iow bidder, Sully-Miller Contracting Company (CO 03-073), and
authorize the expenditure of a 10% contingency in the amount of $864,411.99 for the Phase lB of
Community Facilities District 2001-01 and Phase 3A of Community Facilities District 2003-01, to be
funded from park Development Funds, Acct. No. 11203055650/1207120-0 and appropriate
$9,508,531.84 (Contract Award of $8,644,119.85 plus 10% contingency equal to $864,411.99) to Acct.
No. 16123035650/1442612-0 from Community Facilities District Fund balance.
E15. Approval of a Resolution authorizing the City Engineer to execute the Agreement and other
pertinent documents for the Congestion Mitigation and Air Quality (CMAQ) Grant project for Signal Timing
and Synchronization along Base Line Road/16th Street from Benson Avenue in the City of Upland to
Etiwanda Avenue in the City of Rancho Cucamonga that includes the Construction of Traffic Signal
Intemonnect System along Base Line Road from Alta Cuesta to Etiwanda Avenue (Federal Aid Project
CML-5420(009). REMOVED FOR DISCUSSION BY COUNClLMEMBER WILLIAMS.
City Council Minutes
July 16, 2003
Page 7
RESOLUTION NO. 03-201
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AUTHORIZING THE CITY ENGINEER TO
EXECUTE THE AGREEMENT AND OTHER PERTINENT DOCUMENTS
FOR THE CONGESTION MITIGATION AND AIR QUALITY (CMAQ)
GRANT PROJECT FOR SIGNAL TIMING AND SYNCHRONIZATION
ALONG BASE LINE ROAD/16TM STREET FROM BENSON AVENUE IN
THE CITY OF UPLAND TO ETIWANDA AVENUE IN THE CITY OF
RANCHO CUCAMONGA THAT INCLUDES THE CONSTRUCTION OF
TRAFFIC SIGNAL INTERCONNECT SYSTEM ALONG BASE LINE
ROAD FROM ALTA CUESTA TO ETIWANDA AVENUE (FEDERAL AiD
PROJECT CML-5420(009)
E16. Approval to accept Improvements, release the Faithful Performance Bond, and file a Notice of
Completion for Improvements for CUP 96-26, submitted by N & L Nilar Corporation, located on the
northeast corner of Aspen and Laurel Streets.
RESOLUTION NO. 03-202
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS FOR CUP 96-26 AND AUTHORIZING THE FILING OF
A NOTICE OF COMPLETION FOR THE WORK
E17. Approval to accept Improvements, release the Faithful Performance Bonds and file Notices of
Completion for CUP 97-15, submitted by Deer Creek Car Wash; CUP 96-27, submitted by Texaco
Refining and Marketing, Incorporated; CUP 96-32, submitted by AutoNation USA; DR 00-05, submitted
by Catellus Development Corporation; CUP 99-08, submitted by Rancho Cucamonga Retirement, located
at various locations in the City of Rancho Cucamonga.
RESOLUTION NO. 03-203
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS FOR CUP 97-15, CUP 96-27, CUP 96-32, DR 00-05,
AND CUP 99-08 AND AUTHORIZING THE FILING OF NOTICES OF
COMPLETION FOR THE WORK
E18. Approval to accept Improvements, release the Faithful Performance Bond, and file a Notice of
Completion for Improvements for CUP 99-25, submitted by Western Land Properties, located on the north
side of Foothill Boulevard, west of Milliken Avenue.
RESOLUTION NO. 03-204
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS FOR CUP 99-25 AND AUTHORIZING THE FILING OF
A NOTICE OF COMPLETION FOR THE WORK
E19. Approval to release all bonds for Tract 13316, from Friedman Homes, Incorporated; Barratt
American, Incorporated, has replaced the bonds under DR 98-10, located on Archibald Avenue and
Carrari Street. REMOVED FROM AGENDA.
E20. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance
Bond, and file a Notice of Completion for Improvements for DR 00-28, submitted by Catellus
Development Corporation, located on the northwest corner of Milliken Avenue and Arrow Route.
City Council Minutes
July 16, 2003
Page 8
RESOLUTION NO. 03-205
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS FOR DR 00-28 AND AUTHORIZING THE FILING OF
A NOTICE OF COMPLETION FOR THE WORK
E21. Approval to accept Improvements, release the Faithful Performance Bond and Labor and Materials
Bond, and file a Notice of Completion for Improvements for DR 00-46, submitted by Western Land
Properties, located on the northwest corner of Foothill Boulevard and Aspen Avenue.
RESOLUTION NO. 03-206
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS FOR DR 00-46 AND AUTHORIZING THE FILING OF
A NOTICE OF COMPLETION FOR THE WORK
E22. Approval to release the Maintenance Guarantee Bonds for Tract 9441, submitted by Crismar
Development; Tract 10569, submitted by William Lyon Company; Tract 10762, submitted by Acacia
Construction, Inc.; Tract 11696 submitted by Vanguard Ventures, Inc; and Tract 11934, submitted by
William Lyon Company; CUP 99-15 and CUP 99-04, submitted by Catellus Development Corporation,
located at various locations in the City of Rancho Cucamonga.
E23. Approval to release the Faithfu~ Pedormance Bonds retained as Maintenance Guarantee Bonds for
Tract 12462, located on the south side of Summit east of Etiwanda Avenue, submitted by Lauren
Development.
DISCUSSION OF ITEM E15. Approval of a Resolution authorizing the City Engineer to execute the
Agreement and other pertinent documents for the Congestion Mitigation and Air Quality (CMAQ)
Grant project for Signal Timing and Synchronization along Base Line Road/16th Street from
Benson Avenue in the City of Upland to Etiwanda Avenue in the City of Rancho Cucamonga that
includes the Construction of Traffic Signal Interconnect System along Base Line Road from Alta
Cuesta to Etiwanda Avenue (Federal Aid Project CML-5420(009).
Councilmember Williams asked what the timeframe was for this.
Joe O'Neil, City Engineer, stated by the end of the year.
MOTION: Moved by Kurth, seconded by Williams to approve item E15 and the staff recommendations in
the staff reports contained within the Consent Calendar with the exception of items E5 and E19.. Motion
carried unanimously 4-0-1 (Howdyshell absent).
DISCUSSION OF ITEM E13. Approval to authorize the execution of an Electric Power and Sales
Service Agreement with Forest City Development (CO 03-072) to detail the rates and terms of
service for all Forest City-owned property within the Victoria Arbors Master Plan area.
James Markman, City Attorney, stated this item involves one of the final actions staff is recommending to
the Council to establish the Rancho Cucamonga Electrical Utility. He stated because of what the Council
heard earlier this evening and because staff is still recommending to move forward with this project, he
felt some comments might be in order with regards to the agreement. He stated there were special
meetings called to take certain actions related to this utility, the last of which was to approve an
agreement with Southern California Edison concerning our relationship with them when we go into the
retail electricity business. He stated it had to be approved as quickly as possible because, hopefully, the
City will close the real estate transaction to transfer the property for the construction of the mall to Forest
City. He stated before that closing occurs, the City has to close the gap on these electrical utility issues
City Council Minutes
July 16, 2003
Page 9
at their request. He stated the special meetings were called for that reason. He stated anyone that
wishes to get notice of special meetings should submit a request for notice of all special meetings to the
City Clerk's office noting the address to which they would like these notices to go. He stated it was
mentioned that the PUC ruled in relation to back charging the unfortunate costs that were born by the
State while everyone was being gauged by the energy companies during the energy crisis. He stated
Rancho Cucamonga is a classic example because we do not feel it is incorrect to charge ratepayers who
were buying etectricity at the time the state underwent the necessity of paying those unfortunate charges.
He stated the Redevelopment Agency previously made findings that they could properly fund the
construction of facilities for this utility, and still feel that way. He stated since Edison filed a lawsuit
challenging these findings, the City's customers need to be sure that we can serve them sometime in the
next six months. Since lawsuits don't generally get resolved that quickly, it caused the City to reconsider
using other funding. He stated these are not emergency funds that are needed to operate the City to pay
for police and fire, but are funds that were contained in the capital reserves, which would have been
applied to some other infrastructure project. He stated the redevelopment funds will be applied to some
other infrastructure project. He stated the fact that Edison did not inform him ahead of time that they were
going to file a lawsuit indicates they really don't want this little municipal utility to compete with. He stated
the City is not threatening to take over all the Edison facilities of Rancho Cucamonga. He stated this is a
way to create revenue for services for this area because of the State threatening to take away the City's
sales tax money. He stated this needs to be approved and signed before the closing that is to take place
next Monday.
MOTION: Moved by Williams, seconded by Kurth to approve CO 03-072 in item E13.
Mayor Alexander opened the meeting for public input. Addressing the City Council were:
Nell Derry, Southern California Edison, stated he did call the City to let them know a lawsuit
would be filed.
James Markman, City Attorney, stated he was not given any notice or a courtesy call from a lawyer about
this.
Leslie Grimes stated she was not surprised that a lawsuit had been filed. She stated at a budget
meeting, the City bragged that they do not use reserve funds unless it is really important and now
they are using them for the municipal utility. She stated this is a "want to" project and felt the
public does not want this. She stated she wants to know how it would effect the profits if the City
has to pay exit fees for this project.
Mayor Alexander stated this was just explained by the City Attorney. He stated the City will be better off
even if we have to pay the fees.
Jack Lam, City Manager, stated the economic model presented to the Council included the exit fees. He
added if this does not work, the City will be the first to abandon this model. He stated the City has now
switched to the capital reserve funds. He stated the City has set up a fund that can be used for any future
capital needs in terms of buildings. He stated the City has never touched this fund except for the interest
that it creates every year. He felt this is a nuisance lawsuit and did not have any merit.
Ms. Grimes stated she did not think these types of matters should be considered at a special
meeting and done during hours when people are working.
Motion carried unanimously 4-0-1 (Howdyshell absent).
City Council Minutes
July 16, 2003
Page 10
II F. CONSENT ORDINANCES II
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. 712.
ORDINANCE NO. 712 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ADDING SECTION 8.19.051 TO THE
RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO THE
UNAUTHORIZED COLLECTION OF SOLID WASTE
MOTION: Moved by Gutierrez, seconded by Kurth to waive full reading and approve Ordinance No. 712.
Motion carried unanimously 4-0-1 (Howdyshell absent).
ITEMS G1 AND G2 WERE CONSIDERED AT ONETIME.
Gl. CONSIDERATION OF ADDENDUM TO ENVIRONMENTAL IMPACT REPORT AND GENERAL
PLAN AMENDMENT DRC2003-00254 - JPI WESTCOAST DEVELOPMENT, 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.
Staff report presented by Debra Meier, Contract Planner.
Mayor Alexander opened the meeting for public hearing. Addressing the City Council were:
Charles Buquet, Charles Joseph Associates, stated his firm represents the applicant and wanted
to acknowledge the staff for their work on this project. He felt this would be a very high quality
project.
Jeff Kudlac stated he has been working with General Dynamics and the City on this project. He
thanked the City Manager and the City staff for their assistance and support with this.
John Lyons felt the northeast corner of Milliken and 4th should be zoned commercial. He stated
he opposes this and felt it should stay commercial.
Mr. Buquet stated he agrees with Mr. Lyons, but added they are talking about the northwest
corner and wanted to clarify this.
There being no further input, the public hearing was closed.
Debra J. Adams, City Clerk, read the title of Ordinance Nos. 713 and 714.
City Council Minutes
July 16, 2003
Page 11
ORDINANCE NO. 713 (first 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 Kurth, seconded by Gutierrez to waive full reading and set second reading of
Ordinance Nos. 713 and 714 for the August 6, 2003 meeting. Motion carried unanimously 4-0-1
(Howdyshell absent).
G2. 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 Millken 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.
REFER TO ITEM G1 FOR THE DISCUSSION OF THIS ITEM.
ORDINANCE NO. 714 (first 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 4TM STREET AND MILLIKEN AVENUE,
AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0210-082-47.
MOTION: Moved by Kurth, seconded by Gutierrez to waive full reading and set second reading of
Ordinance Nos. 713 and 714 for the August 6, 2003 meeting. Motion carried unanimously 4-0-1
(Howdyshell absent).
G3. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND PURCHASE-AND-SALE
AGREEMENT - CITY OF RANCHO CUCAMONGA AND LEWIS DEVELOPMENT COMPANY COUGAR,
LLC - A proposed Purchase-and-Sale-Agreement for 4.75 acres of land in the Open Space/Park Land
Use District of the Terra Vista Community Plan, located on the east side of Milliken Avenue south of the
Milliken Avenue Park site. APN: 227-811-03
Staff report presented by Kevin McArdle, Community Services Director.
Mayor Alexander opened the meeting for public hearing. Addressing the City Council was:
Dianna Lee Mitchell stated they are very excited about this and have waited a long time for this to
happen.
There being no further input, the public hearing was closed.
City Council Minutes
July 16, 2003
Page 12
MOTION: Moved by Williams, seconded by Kurth to approve staff's recommendation. Motion carried
unanimously 4-0-1 (Howdyshell absent).
H1. CONSIDERATION OF A RESOLUTION AUTHORIZING THE RANCHO CUCAMONGA POLICE
DEPARTMENT TO ENFORCE THE CALIFORNIA VEHICLE CODE IN THE INDEPENDENCE AT
TERRA VISTA GATED COMMUNITY AS AUTHORIZED BY CALIFORNIA VEHICLE CODE SECTION
21101.7"
Staff report presented by Duane Baker, Assistant to the City Manager.
Mayor Alexander opened the meeting for public hearing. Addressing the City Council was:
Ken Clark, Homeowner's Association for Independence at Terra Vista, thought this was a good
idea and stated he supports this.
There being no further input, the public hearing was closed.
RESOLUTION NO. 03-207
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AUTHORIZING THE ENFORCEMENT OF
THE CALIFORNIA VEHICLE CODE IN THE INDEPENDENCE AT
TERRA VISTA GATED COMMUNITY (GENERALLY LOCATED NORTH
OF CHURCH STREET, WEST OF ROCHESTER AVENUE, SOUTH OF
BASE LINE ROAD AND EAST OF MOUNTAIN VIEVV PARK) AS
AUTHORIZED BY CALIFORNIA VEHICLE CODE SECTION 21107.7
MOTION: Moved by Kurth, seconded by Gutierrez to approve Resolution No. 03-207. Motion carried
unanimously 4-0-1 (Howdyshell absent).
U2. CONSIDERATION OF PROGRAM CHANGES TO THE CITY OF RANCHO CUCAMONGA SOLID
WASTE AND RECYCLING SYSTEM
Staff report presented by Joe O'Neil, City Engineer.
Mayor Alexander opened the meeting for public hearing. Addressing the City Council were:
Leslie Grimes stated she is worried how this will affect roofing companies since their insurance
costs are already going up. She stated she is concerned about them. She mentioned that Home
Depot is not composting their old plants that they do not sell.
Joe O'Neil, City Engineer, stated they have exempted all single family residences from this. He added
the trash haulers will be picking up the trash from places like Home Depot and they will be composting it.
City Council Minutes
July 16, 2003
Page 13
Victor Muniz stated he is in charge of the environmental technology program at Rio Hondo
College. He stated he had received information from the Chamber of Commeme and wanted to
tell the Council about his concerns. He wondered what the City has done to take care of its own
operations. He stated he did not think the demand should be placed on the hauler, but should be
placed on the generator of the debris. He felt everyone should work together and asked that the
Council delay this and take a look at its own internal operations.
John Lyons stated Councilmember Gutierrez voted for the first Ordinance and felt he had a
conflict of interest and should not be voting on this matter.
There being no further input, the public hearing was closed.
Debra J. Adams, City Clerk, read the title of Ordinance No. 711.
ORDINANCE NO. 711 (first 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 Kurth, seconded by Williams to set second reading of Ordinance No. 711 for the
August 6, 2003 meeting. Motion carried unanimously 4-0-1 (Howdyshell absent).
]1 I. CITY MANAGER'S STAFF REPORTS
No Items Submitted.
II J. COUNCIL BUSINESS I
J1. PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE
Councilmember Gutierrez asked the City Engineer to comment what is going on at the Central Park site.
Joe O'Neil, City Engineer, stated the main work currently going on relates to the undergrounding of
utilities.
ACTION: Report received and filed.
J2. CONSIDERATION OF THE CITY COUNCIL LIBRARY SUBCOMMI'I~-EE'S RECOMMENDATION
TO REAPPOINT RAVENEL WIMBERLY TO THE LIBRARY BOARD
Staff report presented by Deborah Clark, Library Director.
MOTION: Moved by Gutierrez, seconded by Kurth to approve the subcommittee's recommendation to
reappoint Ravenel Wimberly to the Library Board. Motion carried unanimously 4-0-1 (Howdyshell
absent).
City Council Minutes
July 16, 2003
Page 14
J3. CONSIDERATION OF THE CITY COUNCIL LIBRARY SUBCOMMITTEE'S RECOMMENDATION
TO REAPPOINT REBECCA DAVIES, GINO FILIPPI AND ANNE VIRICEL TO THE LIBRARY
FOUNDATION
Staff report presented by Deborah Clark, Library Director.
MOTION: Moved by Gutierrez, seconded by Kurth to approve the subcommittee's recommendation to
reappoint Rebecca Davies, Gino Filippi and Anne Viricel to the Library Foundation. Motion carried
unanimously 4-0-1 (Howdyshell absent).
J4. CONSIDERATION OF ANNEXATION PROPOSAL FROM WEST VALLEY MOSQUITO AND
VECTOR CONTROL DISTRICT
Staff report presented by Duane Baker, Assistant to the City Manager. He introduced Dr. Min-Lee
Cheng, West Valley Vector Control District.
Dr. Cheng presented information which was distributed to the Council and is on file in the City
Clerk's office.
Councilmember Gutierrez inquired how much we spend on vector control services.
Duane Baker, Assistant to the City Manager, stated approximately $62,000.
Councilmember Kurth inquired if we have a bubonic plague problem in the area.
Dr. Cheng stated no.
Councilmember Williams clarified that this will be a mail ballot asking people if they are willing to annex
into the district. She asked what information will be in the ballot package.
Dr. Cheng stated it is a mail ballot asking if people are willing to pay for an assessment or not.
He stated they will try to educate the public about this issue as well.
Councilmember Williams asked if the specific dollar amount will be mentioned in the ballot package.
James Markman, City Attemey, stated it will indicate what the maximum amount will be.
Councilmember Williams asked if Upland is included.
Dr. Cheng stated no.
Councilmember Williams asked if the money collected will stay in Rancho Cucamonga.
Dr. Cheng stated there will be an accountability for the money and that the City will get a report
about this.
Councilmember Williams felt accountability is very important. She asked about the time frame for the
ballot.
Dr. Cheng stated probably near the first of the year around March 2004.
Councilmember Williams asked if the City can have input on when the ballot is mailed.
Dr. Cheng stated yes.
City Council Minutes
July 16, 2003
Page 15
Duane Baker, Assistant to the City Manager, stated there is a 45 day return period after the ballots have
been mailed.
Councilmember Kurth stated he has been very impressed with this organization. He felt special districts
are very important and this was a good thing.
MOTION: Moved by Kurth, seconded by Gutierrez to approve the issuance of a letter of support to
LAFCO for the West Valley Vector Control District to submit an annexation proposal, which will allow the
District to proceed with a property owner vote for the annexation into the District through an assessment
process to fund enhanced vector control services in the City. Motion carried unanimously 4-0-1.
IDENTIFICATION OF ITEMS FOR THE NEXT MEETING
No items were identified for the next meeting.
[[ L. PUBLIC COMMUNICATIONS
kl. Leslie Grimes stated she likes the new website and felt a presentation should be given to
demonstrate it to the community.
L2. Victor Muniz felt the City should become an energy provider.
Il M. ADJOURNMENT I
MOTION: Moved by Williams, seconded by Kurth to adjourn. Motion carried unanimously 4-0-1
(Howdyshell absent). The meeting adjourned at 9:25 p.m.
Ret~ecffully submitted,
/~D~bra j. Ada,~s, C M~~L~'
City Clerk
Approved: August 6, 2003