Loading...
HomeMy WebLinkAbout2004/05/19 - Minutes May 19, 2004 CITY OF RANCHO CUCAMONGA CITY COUNCIL CLOSED SESSION MINUTES The Rancho Cucamonga City Council held a closed session on Wednesday, May 19, 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 William J. Alexander. Present were Councilmembers: Rex Gutierrez, Robert J. Howdyshell, Diane Williams and Mayor William J. Alexander. Absent was Councilmember: Donald J. Kurth, M.D. Also present were: Jack Lam, City Manager; Pamela Easter, Deputy City Manager; James Markman, City Attorney; Larry Temple, Administrative Services Director; and George Rivera, Administrative Services Manager. B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) Mayor Alexander announced the closed session item. B1. LABOR NEGOTIATIONS PER GOVERNMENT CODE SECTION 54957.6 TO GIVE GEORGE RIVERA, ADMINISTRATIVE SERVICES MANAGER; PAMELA EASTER, DEPUTY CITY MANAGER; AND LARRY TEMPLE, ADMINISTRATIVE SERVICES DIRECTOR, DIRECTION IN REGARDS TO THE MEET AND CONFER PROCESS - CITY Il C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) [ No communication was made on the closed session item. I[ ~,. CONDUCT OF CLOSED SESSION I The closed session began at 5:35 p.m. The closed session recessed at 6:52 p.m. with no action taken. City Council Minutes May 19, 2004 Page 2 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meetinq II A. C^LLTO O ER II A regular meeting of the Rancho Cucamonga Gity Gouncil was held on Wednesday, May 19, 2004, in the Council Chambers of the Civic Center located at 10500 Civic Genter Drive, Rancho Cucamonga, California. Mayor William J. Alexander called the meeting to order at 7;15 p.m. Present were Councilmembers: Rex Gutierrez, Robert d. Howdyshell, Diane Williams and Mayor William J. Alexander. Absent was Councilmember: Donald J. Kurth, M.D. Also present were: dack Lam, Gity Manager; James Markman, City Attorney; Linda D. Daniels, RDA Director; Jim Frost, City Treasurer; Larry Temple, Administrative Services Director; Sid Siphomsay, Information Systems Analyst; Sam Davis, Information Systems Specialist; Dawn Haddon, Purchasing Manager; Joe O'Neil, City Engineer; Robert, Lemon, Management Analyst II, Erica Darplee, Public Services Technician II; Julie Ungashick, Management Analyst I; Christopher Gilli, Maintenance Coordinator; Brian Van Fossen, Maintenance Worker; Richard Matin, Equipment Operator; Brad Buller, City Planner; Larry Henderson, Principal Planner; Doug Fenn, Associate Planner; Kevin McArdle, Community Services Director; Dave Moore, Recreation Superintendent; Paula Pachon, Management Analyst III; Bill Pallotto, Recreation Supervisor; Mary Voss, Office Specialist II, Captain Pete Ortiz, Rancho Cucamonga Police Department; Fire Chief Peter Bryan, Rancho Cucamonga Fire Protection District; Michelle Dawson, Management Analyst III; Kimberly Thomas, Management Analyst II; Shirr'l Griffin, Office Specialist II - City Clerk's Office; and Debra J. Adams, City Clerk. II ~. ANNOUNCEMENTS/PRESENTATIONS II B1. Presentation of Certificates of Recognition to the Rancho Cucamonga High School Percussion Ensemble for receiving "Gold" at the 2004 Winter Guard International Championships. Larney Staton, Band Booster President, and Caleb Rothe and Ken McGrate, drum line instructors, assisted Mayor Alexander with the presentation of the Certificates. B2. Presentation of a Proclamation in recognition of "Public Works Week, May 16-22, 2004." Mayor Alexander presented the Proclamation to Christopher Gilli, Brian VanFossen, Richard Marin and Julie Ungashick from the Public Works Division. B3. Presentation of California Park and Recreation Society District XI 2004 Layman's Award to Northtown Housing Development and Calvary Chapel Church of Rancho Cucamonga Bill Pallotto, Recreation Supervisor and President of California Park and Recreation Society District Xl, stated these two organizations were honored at the CPRS annual awards banquet. Plaques were presented to Nacho Gracia, Northtown Housing Development Corporation, and Pastor Jim Orate and his wife, Janice, from Calvary Chapel Church. City Council Minutes May 19, 2004 Page 3 [[ C. PUBLIC COMMUNICATIONS Gl. John Lyons mentioned the 9-f 1 Commission hearings took place today and commented it was the terrorists that caused all of the damage. He stated he wanted to talk about the comments made by Gouncilmember Williams from the last meeting. He mentioned the November 2002 election and how the appointments were made of Councilmembers Kurth and Howdyshe[I and wanted to set the record straight. 02. Jim Frost talked about the "Ride to the Vier Nam Wall" which is a group of motomycle riders that [eft for Washington, D.C. He stated this is to recognize those that are missing in action from the previous wars. G3. Melanie Ingram stated the November 2004 election is an opportunity to vote out the two appointed Councilmembers, being Councilmember Kurth and Councilmember Howdyshell. She stated this issue is not going to go away. She stated the mission of Rancho Recall will be the same as it was during the recall effort. She stated her daughter has been accepted into the University of Santa Barbara. She talked about the upcoming senior breakfast for Alta Loma High School and stated they would like to get as many donations from businesses as possible. C4. Connie Grisby asked why the City chose not to apply for a grant that it had received in previous years (The First Five Grant). She stated in previous years this helped fund the FACTS Center and understood they would be closing on June 30 with little notice given to the employees in the FACTS Center. Jack Lam, City Manager, asked that she speak to Kevin McArdle, Community Services Director, about this issue. C5. Leslie Grimes encouraged people to register to vote and to actually go out and vote because she felt when people don't exercise this right it is a slap in the face to every person in the military. She continued to talk about Rancho Recall stating there were appointments made they did not want. She commented on the process that occurred in order to make the appointments of Councilmembers Kurth and Howdyshell to the Council. She commented on Assemblyman Dutton running for another office when he just got in the Assembly. She hopes that kids will volunteer and get involved in the Country. She commented on the dedication of teachers and how they spend their own money to decorate a classroom. 06. Robert Gonzales, Manager of the new Wells Fargo Bank at Highland and Day Creek, talked about their upcoming opening. He added they will be making several donations to local schools. C7. Bryce Noel, student at Alta Loma High School, stated this is the first Council meeting he has attended. He felt there were people that are confused about what is happening and felt more explanation is needed. He stated the 18 - 21 year olds were the lowest percentage of voters that actually go out and vote. Councilmember Williams asked him what would entice people to go out and vote. Mr. Noel stated most people feel it is a waste of time to vote. He stated he did not think most 18 year olds were mature enough to make a vote. C8. Michelle Gardner, student at Alta Loma High School and also a member of the academic decathlon, felt people should focus more on academics than they do. City Council Minutes May 19, 2004 Page 4 D1. Councilmember Williams talked about accusations regarding the appointments of Councilmembers Howdyshell and Kurth and added she has never attended a secret meeting regarding this. She stated the discussion in her meeting with Councilmember Gutierrez, which was held in a public place, centered on families. She talked about the Rotary Club Track Meet held last weekend at Chaffey College and how great the event was. She talked about the LOCAL initiative petitions that were turned in to the State that were to save City revenues and stated there were about 1.3 million turned in. She felt this finally made the legislators stand up and notice the impact this would have on cities. She stated it even got the attention of the Governor and that she is impressed with what she hears the Governor saying that he wants to work with the cities. She thanked all of the people that participated in this effort. D2. Councilmember Howdyshell commended Community Services and Lewis Properties for the Pet Fest that he was a judge at. He commented on the preview of Charter's video about the October fire and how wonderful it was. He felt everyone should view it. He stated he and the Mayor attended the BIA meeting held at the historic Crawford House that KB Homes restored and told how beautiful it was, he attended Business Appreciation Night at the Quakes game on May 14 - 15 and encouraged everyone to support them. DJ. Councilmember Gutierrez stated he hears from high school students asking why he and the Council don't always explain themselves when they are being attacked by the public on various issues. He stated some of these issues have been gone over time and time again. He stated Councilmembers Williams, Howdyshell and Kurth are decent people and should not be attacked as they have been. He and Councilmember Williams appointed two Councilmembers because they felt it was in the best interest of the City to get things rolling in the City. He stated people have the right to vote for whomever they want in November 2004, he stated he is excited about the mall and Central Park. He stated he went to an event at the Etiwanda High School Music Department. He attended the animal shelter event to support them. He stated he wants to make a difference in the City and that is why he ran for Council, and encouraged people to call him on any issue. D4. Mayor Alexander read a letter from a soldier that was fighting in the war in iraq that had been shared with him by the soldier's family and displayed a photo that has been shown on many magazine covers. He introduced the family of the solider the letter was from. II ~. CONSENT CALENDAR II Jack Lam, City Manager, stated El0 has a revised staff report that has been distributed, E12 needs to be removed from the agenda and that E16 has a revised staff report that will include the amounts necessary. El. Approval of Minutes: May 5, 2004 E2. Approval of Warrants, Register April 28 through May 11, 2004, and Payroll ending May 11,2004, for the total amount of $5,696,169.76. EJ. Approve to receive and file current Investment Schedule as of April 30, 2004. E4. Approval to adopt the resolution approving the Application for Land and Water Conversation funds for a walking trail/open space project at Central Park. REMOVED FOR DISCUSSION BY COUNCILMEMBER WILLIAMS. City Council Minutes May 19, 2004 Page 5 RESOLUTION NO. 04-154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS FOR A WALKING TRAIL/OPEN SPACE PROJECT AT CENTRAL PARK E5. Approval of Resolution authorizing the implementation of the Provisions of Internal Revenue Code Section 414(h)(2) and allowing City employees to participate in the Pre-Tax Payroll Deduction Plan for the purpose of purchasing CalPERS service credits. RESOLUTION NO. 04-155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE IMPLEMENTATION OF THE PROVISIONS OF INTERNAL REVENUE CODE SECTION 414(h)(2) AND ALLOWING CITY EMPLOYEES TO PARTICIPATE IN THE PRE-TAX PAYROLL DEDUCTION PLAN FOR THE PURPOSE OF PURCHASING CalPERS SERVICE CREDITS E6. Approval of Amended Fiscal Year 2003/04 appropriations. E7. Approval of the Emergency Procurement of Reconstruction Services without competitive bidding, pursuant to Resolution 04-150. ES. Approval for the Mayor to execute a Quitclaim Deed to remove grading and drainage easements granted to construct improvements under Community Facilities Districts 2001-01 and 2003-01 for property located east of Day Creek Boulevard, north of Foothill and south of Church. E9. Historic Point of Interest Designation DRC2004-00105 - City of Rancho Cucamonga - A request to designate six residences located at 9424 Foothill, 9434 Foothill, 9456 Foothill, 9474 Foothill, 9482 Foothill, 9494 Foothill as an Historic Point of Interest and allow relocation of demolition of all or some of the subject structures. Related files: DRC2003-01036, Tree Removal Permit DRC2004-00105 and SUBTT16567- APN: 208-141-06,-08,-09,-11,-13,-14. RESOLUTION NO. 04-156 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DRC2004-00105, DESIGNATING SIX HOUSES BUILT BY THE KLUSMANS, AS A HISTORIC POINT OF INTEREST, LOCATED AT 9424, 9434, 9456, 9474, 9482, AND 9494 FOOTHILL BOULEVARD; AND MAKING FINDINGS IN SUPPORT THEREOF- APN: 0208-141-06, 08, 09, 11, 13, AND 14 El0. Approval to appropriate from the 2003 United States Department of Justice Local Law Enforcement Block Grant (LLEBG) $33,000.00 to Acct. No. 1368701-5603, for the Taser Inc. Less Than Lethal Electronic Weapons System; $15,000.00 into Acct. No.1368701-5604, for two Suzuki Enduro motorcycles and related emergency equipment; and $10,000.00 into Acct. No. 1368701-5603, for the Q-Star Company Flash-Cam Anti-Graffiti Camera System, for a total appropriation of $58,000. REVISED STAFF REPORT DISTRIBUTED. Ell. Approval of Ordering the Annexation to Landscape Maintenance District No. 3B and Street Light Maintenance District Nos. 1 and 6 for Development Review Project DRC2003-00302, located on the south side of Arrow Route and west of Hellman Avenue, submitted by West Rock, LLC. City Council Minutes May19,2004 Page 6 RESOLUTION NO. 04-157 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 6 FOR DEVELOPMENT REVIEW PROJECT DRC2003-00302 E12. 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. 15716-2 located on the northeast corner of Foothill Boulevard and Day Creek Boulevard, submitted by Victoria Gardens, LLC, a California Limited Liability Company. ITEM REMOVED FROM AGENDA. RESOLUTION NO. 04-158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 15716-2 AND IMPROVEMENT AGREEMENT RESOLUTION NO. 04-159 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 NUMBER 15716-2 E13, Approval of Map, Improvement Agreement and Improvement Securities and Ordering the Annexation to Landscape Maintenance District No. 8 and Street Light Maintenance District Nos. 1 and 8 for Tract Map 16542, located at 6717 East Avenue, north of Victoria Street, submitted by J.T. Storm Development No. 2, LLC. RESOLUTION NO. 04-160 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP 16542, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES RESOLUTION NO, 04-161 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 8 AND STREET LIGHT MAINTENANCE DISTRICT NOS. 1 AND 8 FOR TRACT MAP 16542 E14, Approval for award and execution of Professional Services Agreement in the amount of $205,000.00 to Dan Guerra and Associates (CO 04-048), and authorize the expenditure of a 10% contingency in the amount of $20,500.00 for Construction Survey and Administration Services for Phases 3B(a) and 3B(b) of CFD 2003-01, to be funded from Fund 614 - CFD 2003-01, Acct. No. 16143035300/1442614-0, E15. Approval of Reimbursement Agreement by and among the Ontario Redevelopment Agency, the City of Rancho Cucamonga and Jefferson on Fourth, L.P. (CO 04-049) regarding installation of 60" storm drain and other related improvements with no City funds involved for Parcel Map 16245, located north of 4th Street, west of Milliken Avenue, submitted by Jefferson on Fourth, L.P. City Council Minutes May 19, 2004 Page 7 RESOLUTION NO. 04-162 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING REIMBURSEMENT AGREEMENT BY AND AMONG THE ONTARIO REDEVELOPMENT AGENCY, THE CITY OF RANCHO CUCAMONGA AND JEFFERSON ON FOURTH, L.P. REGARDING INSTALLATION OF 60" STORM DRAIN AND OTHER RELATED IMPROVEMENTS WITH NO CITY FUNDS INVOLVED FOR PARCEL MAP 16245 E16. Approval to award designated Professional Services Agreements to the specified Civil Engineering Consultants for the preparation of plans, specifications and cost estimates for the emergency erosion control projects necessary in the wake of the fire, and authorize the expenditure of a 10% contingency for each agreement, to be funded from Capital Reserve Acct. No. 10250015300 and authorize an appropriation into Acct. No. 10250015300. REVISED STAFF REPORT DISTRIBUTED. E17. Approval to authorize the execution of an Agreement and accept surety for encroachments into City easement or right-of-way between the City of Rancho Cucamonga and Pomona First Federal Bank and Trust (CO 04-050), at a location within Fifth Street, east of Milliken Avenue. REMOVED FOR DISCUSSION BY COUNCILMEMBER HOWDYSHELL E18. Approval of a Professional Services Agreement with Best Best & Kreiger, LLP, (CO 04-051) for Bond Counsel Services for a proposed Community Facilities District (Rancho Etiwanda Estates) in an amount not to exceed $25,000 for formation services and an amount not to exceed $59,500 for debt issuance services, to be funded by the project developer. E19. Approval of a Professional Services Agreement with David Taussig & Associates (CO 04-052) for Special Tax Consultant Services for a proposed Community Facilities District (Rancho Etiwanda Estates) in an amount not to exceed $40,000, to be funded by the project developer. E20. Approval of a Professional Services Agreement with Empire Economics (CO 04-053) for Market Absorption Services for a proposed Community Facilities District (Rancho Etiwanda Estates) in an amount not to exceed $15,750, to be funded by the project developer. E21. Approval of a Professional Services Agreement with Fieldman, Rolapp & Associates (CO 04-054) for Financial Advisory Services for a proposed Community Facilities District (Rancho Etiwanda Estates) in an amount not to exceed $20,000 for formation services and an amount not to exceed $43,000 for debt issuance services, to be funded by the project developer. E22. Approval of a Professional Services Agreement with Bruce W. Hull & Associates (CO 04-055) to perform Appraisal Services in conjunction with a proposed Community Facilities District (Rancho Etiwanda Estates) in an amount not to exceed $30,000, to be funded by the project developer. E23. Approval to accept Improvements, release the Faithful Pedormance Bond, accept a Maintenance Bond and file a Notice of Completion for Improvements for Parcel Map 16042, located at the southwest corner of 8th Street and Center Avenue, submitted by Park Place Rancho Cucamonga, LLC. RESOLUTION NO. 04-163 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NO. 16042, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT City Council Minutes May 19, 2004 Page 8 E24. Approval to accept Improvements, release the Faithful Performance Bonds, accept Maintenance Bonds, and file a Notice of Completion for Improvements for Tract 13316/DR 98-10, located on the east side of Amhibald Avenue and Carrari Street, submitted by Barratt American, Inc. RESOLUTION NO. 04-164 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 13316/DR 98-10 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E25. Approval to release Maintenance Guarantee Bond for Tract 14120-3, located on the south side of Banyan Street, west of Etiwanda Avenue, submitted by Carriage Estates, LLC. E26. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for Improvements for Tract 14522, located on the south side of Vintage Drive, West of Day Creek Boulevard, submitted by Young California Homes, L.P. RESOLUTION NO. 04-165 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 14522 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E27. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for Improvements for Tract 16147, located on the southwest corner of Banyan Street and Etiwanda Avenue, submitted by Pacific Crest Communities, Inc. RESOLUTION NO. 04-166 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16147 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E28. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for Improvements for Tract 14496, located north of Wilson Avenue on the west side of Day Creek Boulevard, submitted by Granite Homes. RESOLUTION NO. 04-167 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 14496 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK DISCUSSION OF ITEM D17. Approval to award designated Professional Services Agreements to the specified Civil Engineering Consultants for the preparation of plans, specifications and cost estimates for the emergency erosion control projects necessary in the wake of the fire, and authorize the expenditure of a 10% contingency for each agreement, to be funded from Capital Reserve Acct. No. 10250015300 and authorize an appropriation into Acct. No. 10250015300. Councilmember Howdyshell wanted to make sure that in allowing someone to run fiber in our right-of-way includes the clause that authorizes that at no cost to the City we can have them removed at any time. Joe O'Neil, City Engineer, stated that would be added. City Council Minutes May 19, 2004 Page 9 MOTION: Moved by Gutierrez, seconded by Howdyshell to approve the staff recommendations in the staff reports with the exception of item D4 to be discussed, the removal of item D12, and with the corrections as noted above. Motion carried 4-0-1 (Kurth absent). DISCUSSION OF ITEM D4. Approval to adopt the resolution approving the Application for Land and Water Conversation funds for a walking trail/open space project at Central Park. Councilmember Williams asked if the walking trail will come in line with the rails to trails. Joe O'Neil, City Engineer, stated yes it will all be interconnected. MOTION: Moved by Williams, seconded by Howdyshell to approve the staff recommendation of item E4. Motion carried 4-0-1 (Kurth absent). l[ CONSENT O IS ,NCES I No items submitted. II G. ADVERTISED PUBLIC HEARINGS I Gl. APPROVAL OF A RESOLUTION FOR THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE DISTRICTS NOS. 1, 2, 3A, 3B, 4, 5, 6, 7, 8, 9, AND 10 FOR THE FISCAL YEAR 2004/2005. NO INCREASE OF ASSESSMENT RATE IS PROPOSED Staff report presented by Erica Darplee, Public Services Technician II. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. RESOLUTION NO. 04-168 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO LEVY AND COLLECT ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE DISTRICTS NOS. 1, 2, 3A, 3B, 4, 5, 6, 7, 8, 9 AND 10 FOR THE FISCAL YEAR 2004/2005 PURSUANT TO THE LANDSCAPE AND STREET LIGHTING ACT OF 1972 MOTION: Moved by Howdyshell, seconded by Williams to approve Resolution No. 04-168. Motion carried unanimously 4-0-1 (Kurth absent). G2. APPROVAL OF A RESOLUTION FOR THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICTS NOS. 1, 2, 3, 4, 5, 6, 7 AND 8 FOR FISCAL YEAR 2004/2005. NO INCREASE OF ASSESSMENT RATE IS PROPOSED Staff report presented by Erica Darplee, Public Services Technician II. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. City Council Minutes May 19, 2004 Page 10 RESOLUTION NO. 04-169 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO LEVY AND COLLECT ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICTS NOS. 1, 2, 3, 4, 5, 6, 7 AND 8 FOR THE FISCAL YEAR 2004/2005 PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 MOTION: Moved by Howdyshell, seconded by Williams to approve Resolution No. 04-169. Motion carried unanimously 4-0-1 (Kurth absent). G3. APPROVAL OF A RESOLUTION FOR THE LEVY AND COLLECTION OF THE ANNUAL ASSESSMENTS WITHIN THE PARK AND RECREATION IMPROVEMENT DISTRICT (PD-85) FOR FISCAL YEAR 2003/2004. NO INCREASE OF ASSESSMENT RATE IS PROPOSED Staff report presented by Erica Darplee, Public Services Technician II. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. RESOLUTION NO. 04-170 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO LEVY AND COLLECT ASSESSMENTS WITHIN THE PARK AND RECREATION IMPROVEMENT DISTRICT NO. PD-85 (HERITAGE AND RED HILL COMMUNITY PARKS) FOR THE FISCAL YEAR 2004/2005 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 MOTION: Moved by Howdyshell, seconded by Williams to approve Resolution No. 04-170. Motion carried unanimously 4-0-1 (Kurth absent). G4. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT DRC2003-01037 - JOHN LAING HOMES_ - A request to change the zone from Community Commercial to Mixed Use for a .7 acre portion of Subarea 3 of the Foothill Boulevard Districts, located north of Foothill Boulevard, between Hellman and Malachite Avenues - APN: 0208-151-20 thru 23. Related Files: Tentative Tract Map SUBTT16567, Development Review DRC2003-01036, Tree Removal Permit DRC200400139, and Historic Point of Interest DRC2004-00105. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. Staff report presented by Larry Henderson, Principal Planner. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 723. City Council Minutes May 19, 2004 Page 11 ORDINANCE NO. 723 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT DRC2003-01037, A REQUEST TO CHANGE THE ZONE FROM COMMUNITY COMMERCIAL TO MIXED-USE FOR A .7 ACRE PORTION OF SUBAREA 3 OF THE FOOTHILL BOULEVARD DISTRICTS, LOCATED NORTH OF FOOTHILL BOULEVARD, BET~NEEN HELLMAN AND MALACHITE AVENUES - APN: 0208-151- 20 THRU 23; AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Gutierrez, seconded by Williams to waive full reading and set second reading of Ordinance No. 723 for the June 2, 2004 meeting. Motion carried unanimously 4-0-1 (Kurth absent). GS. ENVIRONMENTAL ASSESSMENT AND ETIWANDA SPECIFIC PLAN AMENDMENT DRC2003- 00047 CHARLES JOSEPH ASSOCIATES - A request to amend the Etiwanda Specific Plan to allow RV storage for the southwest parcel of 9.87 acres of land in the Low Residential District (2-4 dwelling units per acre), located at the southwest corner of the 210 and I-15 freeway interchange - APN: 0228-011-31. Related file: Conditional Use Permit DRC2003-00048. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. Staff report presented by Doug Fenn, Associate Planner. Councilmember Williams asked about the security and fencing and requested there be no razor wire. Doug Fenn, Associate Planner, stated there would be none and there would be a caretaker on site. Councilmember Williams asked if the rows and rows of open spaces would have no cover for the RV's and boats and if so, how would this be screened so it does not look like rows and rows of RV's. Doug Fenn, Associate Planner, stated the site is surrounded by the enclosed buildings for RV's and boats and are a specific height to screen the site, but said you would be able to see it from the 115 and 210 freeways. Councilmember Williams wanted to make the landscaping was very lush and wonderful. Mayor Alexander opened the meeting for public hearing. Addressing the City Council were: Chuck Buquet, Charles Joseph Associates, commented on the project and stated there would be a buffer to the residential area near this project. Councilmember Williams asked about the signage. Mr. Buquet stated the signage would be tastefully proposed and on the exterior of the buildings. Councilmember Williams felt a mural would look great on their wall. Mr. Buquet stated they will probably have landscaping on the wall and that they will have a guard there to hopefully protect against graffiti. John Lyons stated it is hard to find storage since the ones in Rancho Cucamonga are full. He felt the City could use more indoor storage. Debra J. Adams, City Clerk, read the title of Ordinance No. 724. City Council Minutes May19,2004 Page12 ORDINANCE NO. 724 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ETIWANDA SPECIFIC PLAN AMENDMENT DRC2003-00047 TO ALLOW A CREATIONAL VEHICLE STORAGE FACILITY ON 9.87 ACRES OF LAND IN THE LOW RESIDENTIAL DISTRICT (2-4 DWELLING UNITS PER ACRE) OF THE ETIWANDA SPECIFIC PLAN, LOCATED AT THE SOUTHWEST CORNER OF THE 210 AND 1-15 FREEWAY INTERCHANGE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0228-011-31 MOTION: Moved by Gutierrez, seconded by Howdyshell to waive full reading and set second reading of Ordinance No. 724 for the June 2, 2004 meeting. Motion carried unanimously 4-0-1 (Kurth absent. H. PUBLIC HEARINGS I No Items Submitted. II I. CITY MANAGER'S STAFF REPORTS [ I1. CONSIDERATION TO APPROVE THE MEASURE 'T' EXPENDITURE PLAN PREPARED BY SANBAG FOR MAJORITY APPROVAL BY SANBAG'S MEMBERSHIP IN ORDER TO PLACE THE MEASURE ON THE NOVEMBER 2, 2004 BALLOT Staff report and power point presentation were given by Erica Darplee, Public Services Technician II. Darren Kettle, SANBAG, also added they are going to all cities throughout the area with this same information. He talked about the expenditure plan and how it was developed. He stated if this is approved by the voters, it will take people through the year 2040. Mayor Alexander stated this is not an increase, but a continuance of revenue flow. Mayor Alexander opened the meeting for public input. There being no response, public comments were closed. RESOLUTION NO. 04-153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO APPROVE THE MEASURE 'T' EXPENDITURE PLAN FOR REVENUES EXPECTED TO BE DERIVED FROM THE PROPOSED CONTINUATION OF MEASURE "1", SAN BERNARDINO COUNTY'S ONE-HALF OF ONE PERCENT TRANSACTIONS AND USE TAX FOR TRANSPORTATION IMPROVEMENTS MOTION: Moved by Howdyshell, seconded by Williams to approve Resolution No. 04-153. Motion carried unanimously 4-0-2 (Kurth absent). City Council Minutes May 19, 2004 Page 13 Councilmember Howdyshell thanked everyone for the report and for Mayor Alexander's leadership on this. [I J. COUNCIL BUSINESS J1. PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE Councilmember Williams stated she would like to incorporate into this report updates on the rails to trails project and the old Pacific Electric rail station. She felt this should be being discussed by the Parks and Recreation Commission. She stated there is a lady waiting for the City to develop community gardens on the east end of that property that will go with the train station. She stated this will be a museum for people. I} K. IDENTIFICATION OF ITEMS FOR THE NEXT MEETING I K1. Councilmemeber Gutierrez stated he would like to have a joint meeting with Planning Commission to discuss future plans of the City. II L. PUBLIC COMMUNICATIONS I L1. Melanie Ingrain commented on previous comments made by Councilmembers Williams and Gutierrez relating to the appointments of Councilmembers Kurth and Howdyshell. She commented on the First Amendment Coalition website and the Brown Act. She stated she did not agree that they were not violating the Brown Act. L2. Leslie Grimes felt the spirit of the law is as important as the law and that is what was violated. She stated perception is everything. She hopes everyone will be very careful who they receive campaign contributions in the development field. James Markman, City Attorney, stated no violation of the Brown Act occurred. He continued to talk about the Brown Act and how it affected the people that were involved with the vote to appoint Councilmembers Kurth and Howdyshell. He stated he would never condone a Brown Act violation and that there is no overriding spirit. He stated everything that happened was legal. City Council Minutes May 19, 2004 Page 14 MOTION: Moved by Williams, seconded by Gutierrez to adjourn. Motion carried unanimously 4-0-1 (Kurth absent). The meeting adjourned at 9:21 p.m. Respectfully submitted, CMC City Clerk Approved: June 16, 2004