HomeMy WebLinkAbout2006/04/05 - Minutes
April 5, 2006
CITY OF RANCHO CUCAMONGA
CITY COUNCIL CLOSED SESSION MINUTES
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A. CALL TO ORDER
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The Rancho Cucamonga City Council held a closed session on Wednesday, April 5, 2006, 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, L. Dennis Michael, Sam Spagnolo, Diane Williams and
Mayor William J. Alexander.
Also present were: Jack Lam, City Manager; Pamela Easter, Deputy City Manager; D. Craig Fox, Deputy
City Attorney; and Joe O'Neil, City Engineer.
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B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
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Mayor Alexander announced the closed session items:
B1. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO
SUBDIVISION (a) OF GOVERNEMNT CODE SECTION 54956.9 - CITY OF RANCHO CUCAMONGA V.
MALAKLOU, et al. - SAN BERNARDINO SUPERIOR COURT CASE NO. RCV 087469 (ASSESSOR'S
PARCEL NUMBER 110-001-02). - CITY
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C. PUBLIC'COMMUNICATIONS ON CLOSED SESSION ITEM(S)
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No one was present to comment on the closed session item.
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D. CONDUCT OF CLOSED SESSION
Closed session began at 5:35 p.m.
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E. CITY MANAGER ANNOUNCEMENTS AND REpORTS
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F. RECESS
The closed session adjourned at 6:40 p.m. with no action taken.
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City Council Minutes
April 5, 2006
Page 2
CITY OF RANCHO CUCAMONGA
CITY COUNCIL MINUTES
Reoular Meetino
A. CALL TO ORDER
A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, April 5, 2006, in the
Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga,
California. Mayor William J. Alexander called the meeting to order at 7:04 p.m.
Present were Councilmembers: Rex Gutierrez, L. Dennis Michaei, Sam Spagnolo, Diane Williams and
Mayor William J. Alexander.
Also present were: Jack Lam, City Manager; Pamela Easter, Deputy City Manager; D. Craig Fox, Deputy
City Attorney; Mike Nelson, Sr. Redevelopment Analyst; James C. Frost, City Treasurer; Lorraine Phong,
Sr. Information Systems Analyst; Sam Davis, Sr. Information Systems Specialist; Joe O'Neil, City
Engineer; Maria Perez, Associate Engineer; Dan Coleman, Acting City Planner; Kevin McArdle,
Community Services Director; Dave Moore, Community Services Superintendent; Nettie Nielsen,
Community Services Superintendent; Susan Sluka, Community Services Supervisor; Francie Palmer,
Marketing Manager; Paula Pachon, Management Analyst III; Deborah Clark, Library Director; Captain
Pete Ortiz, Rancho Cucamonga Police Department; Chief Peter Bryan, Rancho Cucamonga Fire
Protection District; Kathy Scott, Deputy City Clerk; Shirr'l Griffin, Office Specialist II - City Clerk's Office;
and Debra J. Adams, City Clerk.
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B. ANNOUNCEMENTS/PRESENTATIONS
B1. Introduction of new SAN BAG Executive Director Tony Grasso.
Tony Grasso introduced himself to the City Council and gave his background. He told how it has grown
over the years since he has lived here. He stated it is good to be with SANBAG. He told about projects
that have been developed. He stated they hope the 210 Freeway goes through to San Bernardino in the
next 16 - 18 months. He also told about other projects they are invoived in. He stated he looks forward
to partnering with the Rancho Cucamonga on future projects.
B2. Recognition of former Park and Recreation Commissioner Lou Munoz.
The Mayor and City Council presented the Proclamation to Lou Munoz and thanked him for his service on
the Park and Recreation Commission.
Mr. Munoz thanked the staff and City Council for giving him the opportunities he has had.
B3. Announcement of the Inaugural Season of the Lewis Family Playhouse and launch of season ticket
sales.
Nettie Nielsen, Community Services Superintendent, showed a DVD of the Inaugurai Season for the
Lewis Family Playhouse. She also told about ticket sales.
City Councii Minutes
April 5, 2006
Page 3
B4. Presentation to David Parker and Target Stores in appreciation for community giving grant received
by City to present story theater presentation of "The Family Miser" at the Theatre Arts Center on March 3
& 4, 2006.
Susan Sluka, Community Services Supervisor told about Target's donation to the City.
The Council presented David Parker, Rancho Cucamonga Target Store Manager, with a plaque of a
collage of the event held.
Susan Sluka, Community Services Supervisor, stated Target has also given a very generous donation to
allow families to bring their kids to see live theater.
B5. Presentation of a Proclamation in recognition of April 2-8, 2006, as "National Library Week."
The Mayor and City Council presented the proclamation to Deborah Clark, Library Director.
B6. Added item - Presentation of a Proclamation in recognition of April 2006 as "Child Abuse
Prevention Month."
No one was present to accept the Proclamation.
B7. Added item - Fire Chief Peter Bryan stated 4 year old Maddison was the first infant in Rancho
Cucamonga to be turned in under the new "Safe Haven Law." He added she is one of 122 children in the
State of California, one of thirteen in San Bernardino County to be turned in and saved under the new
"Safe Haven Law." He stated this means there are this many children that have also found wonderful.
homes that might not have otherwise. He stated Rancho Cucamonga is very proud to be part of this
program. He continued talking about this new law.
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C. PUBLIC COMMUNICATIONS
C1. Sharon Fox asked the Council to consider keeping the "Fit Over 50" program at the senior center.
She told how much she liked this program.
C2. Sandy Macy stated the "Fit Over 50" is a good program and she enjoys it very much. She asked that
it not be limited to age 60 and over. She felt the age to participate should be kept at age 50. She talked
about a newspaper article she read that indicated the County is providing seed money to cities for health
programs. She added there was no place on the application to list your age, and didn't feel the staff
should be required to guess at someone's age and tell them to get out because they are not over 60.
Mayor Alexander stated he did not think there wouid be anymore efforts to leave out the 50 year olds who
have a spouse over 60 years old. He told her to let this run its course and felt things wouid get worked
out.
C3. Nancy Guerra, resident since 1989, wanted to thank the Mayor for the great City that Rancho
Cucamonga is. She talked about the upcoming elections and told the Council that people are watching
them.
C4 AI Flores, Cedar Mountain Drive, spoke about the senior center. He stated many of the seniors are
trying to work with staff to propose a program to expand the wellness center. He stated they do not agree
with the program that the Senior Advisory Committee has approved. He stated they would like to have an
opportunity to present this at the next Council meeting. He stated they have information to submit for the
record, which is on file in the City Clerk's office.
City Council Minutes
Aprii 5, 2006
Page 4
C5 Jeri Lee, a resident for 26 years, stated she supports the seniors and felt it was wrong to discriminate
against age. She stated they need more room to exercise. She stated she has been very impressed with
Gary Lacy and his proposais. She did not agree with how the Mayor allowed the Recall Committee to go
on as they did over 4 Councilmembers in previous years. She asked if the three retired fireman on the
Council can vote on fi,e issues. She feit those Council persons that are retired fireman should not vote
on any fire issues. She felt everyone should work together and provide more senior services. She asked
the City Attorney for his opinion on this.
D. Craig Fox, Deputy City Attorney, stated he cannot give a generalized answer at this time, that a vote
depends on the circumstances. He stated if the Council wants him to analyze this, he would be happy to
report back.
Councilmember Gutierrez felt the City Attorney could provide a response to this.
C6. Martina Maraflor, resident of Rancho Cucamonga, stated she was present earlier in the year to
request a cross walk on Sase Line near the senior complex. She still feels that jaywalking by the seniors
is an existing problem, and that another access to cross the street should be granted. She stated she
respectfully disagrees with Mr. Gillespie's report in denying her request. She did not feel Mr. Gillespie's
report was accurate, and that it provided conflicting information. She asked how many fatalities and near
misses will have to occur before there is a properly marked crosswalk.
C7. Sal Curasi addressed the Council about the senior center and exercise room. He stated he was glad
to be invited to participate in the "Fit Over 50" program, and stated now, unfortunately, there is a conflict.
He did not understand why this is so controversial now. He stated he agreed it is overcrowded, but hasn't
had to wait more than 10 minutes for a piece of equipment. He fell anyone who was invited to participate
in a community activity hates to be uninvited a - 10 months later. He did not feel this was a good
message to the community. He felt this was a discriminatory approach, he did not agree with it, and did
not feel they should have to be sectioned off. He stated he disagreed with the seniors that the 50 - 60
years olds are intimidating and taking over.
ca. Sill McCliman felt the City should do something to help the lady (pointed to someone in the
audience) that spoke. He felt campaign contributions should be looked at to see where the Council is
taking their money. He referred to the L.A. Times and an article about a San Diego Fire Chief that
resigned. He stated his reason for resigning was because the Council refused to provide him with the
appropriate funding to protect the citizens. He stated he respected the Fire Chief for standing up to the
Council. He stated about a year ago he made a presentation that there was a lot of money in reserves.
He stated he was told at that time he was wrong. He stated now the truth needs to come out what the
reserves really are.
C9. Gary Lacy felt the people that have served should take credit for the City that it is. He stated the
issues he has been involved in are regarding agenda items. He stated many people are now aware how
the Mayor runs the meeting in an unprofessional and biased way that favors the self-serving political
desires of the Fire Fighter's union. He stated this constitutes a lack of decorum. He felt the whole issue
of response time is a smoke screen for the Fire Union so they can become more politically active. He
mentioned the last meeting and the time the Mayor allowed Mr. McCliman to speak and answer
questions. He felt what Mr. Lam reported on the City's finances was very clear and easy to understand.
He stated Council member Spagnolo needs to quit making comments that he wants the fire fighters to
wear backpacks with hoses and old equipment. He stated that is false. He stated he is willing to meet
with anyone that wants to meet with him on the issues he has brought up at prior meetings. He said he
will not tolerate anyone that wants to say slanderous comments about his character or another citizen.
He felt it was the responsibility of the Mayor to stop this.
C10. A lady (who did not identify herself) said she is very confused by people slandering other people
and felt that is just exactly what happened to Mr. Spagnolo by Mr. Lacy. She felt people should walk their
taik.
City Council Minutes
April 5, 2006
Page 5
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D. CONSENT CALENDAR
01. Approval of Minutes:
March 1, 2006
March 9, 2006 (Special Meeting)
March 15, 2006 (Speciai Meeting)
02. Approval of Check Register dated March 8, 2006 through March 28, 2006 and Payroll ending
3/28/06, for the total amount of $7,216,541.63.
03. Approval to receive and fiie current Investment Schedule as of February 28, 2006.
04. Approval of plans and specifications for the "Citywide Street Name Sign Replacement, Phase 4" and
authorize the City Clerk to advertisement the "Notice Inviting Bids," to be funded from Acct. NO.1 025001-
5300 as approved in the FY 05-06 budget.
RESOLUTION NO. 06-088
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PLANS AND
SPECIFICATIONS FOR CITYWIDE STREET NAME SIGN
REPLACEMENT, PHASE 4, AND AUTHORIZING AND DIRECTING
THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS
05. Approval of recommended names for the three parks located in the Rancho Summit Development,
south of Wilson Avenue on the east and west sides of Wardman Bullock Road, north and south of
Summit Avenue.
06. Approval to appropriate $300,000 donated by the PAL (Promoting Arts and Literacy) Campaign;
$10,000 awarded by the Rancho Cucamon9a Public Library Foundation and $32,000 donated by the
Friends of the Rancho Cucamon9a Public Library into the following library expenditure accounts:
$300,000 into Library Acct. No. 1290607-5200; $20,000 into Library Acct. No. 1290601-5200; $12,000
into Acct. No. 1290606-5605 and $10,000 into Acct. No. 1290606-5606.
07 Approval of a Resolution authorizing the destruction of City records pursuant to California Government
Code Section 34090, the City's Records Retention Schedule, and other appiicable legal citations.
RESOLUTION NO. 06-089
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF
CITY RECORDS WHICH ARE NO LONGER REQUIRED AS SET
FORTH IN CALIFORNIA GOVERNMENT CODE SECTION 34090 AND
OTHER APPLICABLE LEGAL REFERENCES
08. Approval of an Agreement Amendment with the County of San Bernardino to provide the city with
$200,000 in additional one-time funding to be used for the construction of the Victoria Gardens Library
($100,000) and for the purchase of books for the Archibald Library ($100,000); and authorization to
accept grant revenue in the amount of $200,000 into Acct. No. 1312000-4740; and authorization to
appropriate $100,000 into Acct. No. 1312602-5650/1357312-6314, $90,000 into Acct. No. 1312602-5200
and $10,000 into Acct. No. 1312602-5300.
09. Approval of the Annexation to Landscape Maintenance District Nos. 1 and Street Lighting
Maintenance District Nos. 1 and 2 for 8622 Via Huerte, located on the north side of Via Huerte, west of
Carnelian, north of Foothill, submitted by Linda V. & Thomas F. White.
City Council Minutes
April 5, 2006
Page 6
RESOLUTION NO. 06-090
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF
CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT
NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1
AND 2 FOR 8622 VIA HUERTE (APN: 0207-601-10)
010. Approval of Improvement Agreement, Improvement Securities, Map, Monumentation Cash Deposit,
and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Light Maintenance
District Nos. 1 and 2 for Parcel Map 16089, located east of the northeast corner of Hermosa and Wilson
Avenues, submitted by David and Judy Dowding, Daniel and Karla Valdivia, and Fabricio Badiola.
RESOLUTION NO. 06-091
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 16089,
MONUMENTATION CASH DEPOSIT, IMPROVEMENT AGREEMENT,
AND IMPROVEMENT SECURITIES FOR PUBLIC STREET
IMPROVEMENTS
RESOLUTION NO. 06-092
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF
CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT
NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1
AND 2 FOR PARCEL MAP 16089
011. Approval of Map, Improvement Agreement, Improvement Security and Ordering the Annexation to
Landscape Maintenance District No. 7 and Street Lighting Maintenance District Nos. 1 and 7 for PM
16969, located on the west side of East Avenue, north of Highland Avenue, submitted by Verizon
California, Inc.
RESOLUTION NO. 06-093
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER
16969, IMPROVEMENT AGREEMENT AND IMPROVEMENT
SECURITY
RESOLUTION NO. 06-094
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF
CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT
NO.7 AND STREET LIGHT MAINTENANCE DISTRICT NOS. 1 AND 7
FOR PARCEL MAP 16969
012. Approval of Improvement Agreements and Improvement Securities for Parks "A", "B" and "C" for
Tract No. 14759, located at Wardman Bullock Road and Wilson Avenue, submitted by Pulte Homes -
APN: 226-102-17.
City CounCii Minutes
April 5, 2006
Page 7
RESOLUTION NO. 06-095
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT
AGREEMENTS AND IMPROVEMENT SECURITIES FOR PARKS "A",
"B" AND "c" FOR TENTATIVE TRACT 14759
013. Approval of a Resolution of the City Council to approve and adopt the relocation plan in connection
with Haven Avenue Grade Separation Project. REMOVED FROM AGENDA. TO COME BACK AT A
FUTURE MEETING.
RESOLUTION NO. 06-096
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNiA, TO APPROVE AND ADOPT THE
RELOCATION PLAN IN CONNECTION WITH THE HAVEN AVENUE
GRADE SEPARATION PROJECT
014. Approval to use Eminent Domain to obtain off-site rights-of-way in conjunction with the development
of Tentative Tract 17651 (SUBTT17651), iocated on the south side of Banyan Street east of East Avenue,
submitted by Tava Development Company, APN: 225-191-12.
015. Approval to accept grant funding in the amount of $237,079 from the Mobile Source Air Pollution
Reduction Review Committee (MSRC) for development of alternative fueling infrastructure and purchase
of two CNG dump trucks; and authorize the City Engineer to be the designated signatory authority on
behalf of the City of Rancho Cucamonga.
016. Approval to accept grant revenue in the amount of $143,208.00 awarded by the Department of
Homeland Security (Homeland Security Grant 2005), administered by the State of California and San
Bernardino County of Emergency Services into Acct. No. 1387000-4740 (Grant Income), and
authorization to appropriate $107,750.00 into Acct. No. 1381701-5604 (Vehicles) and $35,538.00 into
Acct. No. 138701-5603 (Equipment/Radios/Phones) for a mobile communications command post for
emergency services.
017. Approvai of the Annexation to Landscape Maintenance District No. 1 for Street Lighting
Maintenance District Nos. 1 and 2 for 10131 24th Street, located on the south side of 24th Street east of
Hermosa Avenue, submitted by Octavio Ruiz-Villapando, Flor Alvarez De Ruiz & Javier Martinez.
RESOLUTION NO. 06-097
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF
CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT
NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1
AND 2 FOR 10131 24TH STREET (APN: 0209-111-03)
018. 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
DRC2005-00068, located at 8358 Red Hill Country Club Drive, submitted by Red Hill Country Ciub, Inc.
RESOLUTION NO. 06-098
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING THE IMPROVEMENT
AGREEMENT AND IMPROVEMENT SECURITIES FOR DRC2005-
00068
City Council Minutes
April 5, 2006
Page 8
RESOLUTION NO. 06-099
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF
CERTAIN TERRITORY TO LANDSCAPE MAITNENANCE DISTRICT
NO. 3B AND STREET LIGHT MAINTENANCE DISTRICT NOS. 1 AND 6
FOR DRC2005-00068
019. Approvai of Map, Improvement Agreement, Improvement Securities, Monumentation Cash Deposit
and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance
District Nos. 1 and 6 for Parcel Map 16141, located on the south side of 9th Street and the east side of
Baker Avenue, submitted by HC Vineyard, LLC.
RESOLUTION NO. 06-100
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 16141,
IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND
MONUMENTATION CASH DEPOSIT
RESOLUTION NO. 06-101
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 STEET LIGHT MAINTENANCE DISTRiCT NOS. 1 AND 6
FOR PARCEL MAP 16141
020. Approval of Map, Improvement Agreement, Improvement Securities, Monumentation Cash Deposit
and Ordering the Annexation to Landscape Maintenance District NO.1 and Street Lighting Maintenance
District Nos. 1 and 2 for Tract 16971, located on the east side of Hellman Avenue, south of 6th Street,
submitted by Crestwood Corporation.
RESOLUTION NO. 06-102
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP 16971,
IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND
MONUMENTATION CASH DEPOSIT
RESOLUTION NO. 06-103
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 LIGHT MAINTENANCE DISTRICT NOS. 1 AND 2
FOR TRACT MAP 16971
021. Approval to execute a contract amendment with Brodart, Inc. (CO 05-124) for the acquisition and
processing of library materials for the Archibald Library, adding $23,000 from Library Accl. No. 1290606-
5200; and $90,000 from Biane County Library Grant Accl. No. 1312602-5200 and $10,000 from Biane
County Library Grant Accl. No. 1312602-5300; thereby increasing the amount contracted to spend on
book processing and library materials for Archibald Library by $123,000.
City Council Minutes
April 5, 2006
Page 9
022. Approval to award bid package 10-3, signage and graphics, to Carey Sign Graphics (CO 06-028/RA
06-014) for the Rancho Cucamonga Culturai Center Project, totaling $132,868.50, and authorize the
expenditure of a 5% contingency in the amount of $6,643.43, to be funded from County Biane Special
Funds, Accl. No. 1312602-5650/1357312-6314 ($68,080), RDA Library Tax Funds, Accl. No. 1290801-
5650/1388290-6314 ($11,000), and RDA 2001 Tax Allocation Bond Fund, Accl. No. 2650801-
5650/1357650-6314 ($60,432).
D23. Approval for award and authorize the execution of a Professional Services Agreement in the amount
of $12,200 with Elie Farah, Inc. (CO 06-029) and authorize the expenditure of a 10% contingency in the
amount of $1 ,200.00 for traffic counts and ievel of service calculations as required by the San Bernardino
County Congestion Management Program (CMP), to be funded from Fund 124 (Transportation
Development Fee), Accl. No. 1124303-5300, and appropriate an additional amount of $2,200.00 to Accl.
No. 1124303-5300 from Fund 124 (Transportation Development Fee) Fund balance.
024. Approval to accept the bids received and award and authorize the execution of the contract in the
amount of $266,854.00 to the apparent low bidder, Gentry Brothers, Inc. (CO 06-030), and authorize the
expenditure of a 10% contingency in the amount of $26,685.40 for the Archibald Avenue Pavement
Rehabilitation from 19th Street to Banyan Street, to be funded from Measure "I" funds, Accl. No.
11763035650/1516176-0 and appropriate an additional amount of $25,000.00 to Accl. No.
11763035650/1516176-0 from Measure "I" fund balance.
D25. Approval to release Maintenance Guarantee Letter of Credit for DRC2001-00805, located at 10863
and 10865 Jersey Boulevard, submitted by Ralph Karubian, Sol Stone, Marcia Stone, Charles Karublan
and Laurence Karubian.
026. Approval of Maintenance Guarantee Letter of Credit for DRC2002-00601, located on the west side
of Vineyard Avenue, approximately 600 feet south of Foothill Boulevard, submitted by Sommerville-
Con zelman Company.
027. Approval to release Maintenance Guarantee Bond for Tract 15724, located on the south side of
Terra Vista Parkway, east of Coyote Canyon Park, submitted by KB Home Greater Los Angeles, Inc.
028. Approval to release Faithful Performance Bond No. 6169984 in the amount of $1 ,275,114.00 for the
MallOn-Site Water and Sewer of Community Facilities District 2003-01, Contract No. 03-117.
029. Approvai to release Faithful Performance Bond No.TD8258 in the amount of $1,633,775.13 for the
Phase 1 B(e) of Community Facilities District 2001-01, including Landscaping and Amenities on Arbor
Lane, Contract No. 04-069.
030. Approval to accept the 12 KV Electrical Distribution System Cabling, Connections, Equipment,
Conduit and Substructure Project, Contract No. 04-169 as complete, approval to appropriate $23,151.83
to Accl. No. 1705303-5650/1489705-0 from Municipal Utility fund balance and $10,143.75 to Accl. No.
1705303-5650/1488705-0 from Municipal Utility fund balance, release the bonds, accept a Maintenance
Bond, and authorize the City Engineer to file a Notice of Completion and approve the final contract
amount of $685,796.01.
RESOLUTION NO. 06-104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, 12 KV ELECTRICAL DISTRIBUTION
SYSTEM CABLING, CONNECTIONS, EQUIPMENT, CONDUIT AND
SUBSTRUCTURE PROJECT, CONTRACT NO. 04-169, AND
AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR
THE WORK
City Council Minutes
April 5, 2006
Page 10
031. Approval to accept the Grove Avenue Street Improvements from 8th Street to Arrow Route, Contract
No. 05-075 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 $485,154.78.
RESOLUTION NO. 06-105
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE GROVE AVENUE
STREET IMPROVEMENTS FROM 8TH STREET TO ARROW ROUTE,
CONTRACT NO. 05-075 AND AUTHORIZING THE FILING OF A
NOTICE OF COMPLETION FOR THE WORK
032. Approval to accept the Base Line Road Pavement Rehabilitation from Hermosa Avenue to Valencia
Street, Contract No. 05-091 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
approval the final contract amount of $219,853.35.
RESOLUTION NO. 06-106
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE BASE LINE ROAD
PAVEMENT REHABILITATION FROM HERMOSA AVENUE TO
VALENCIA AVENUE, CONTRACT NO. 05-091, AND AUTHORIZING
THE FILING OF A NOTICE OF COMPLETION FOR THE WORK
033. Approval to accept the Archibald Avenue Pavement Rehabilitation from Base Line Road to 19th
Street, Contract No. 05-093 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 $340,624.19.
RESOLUTION NO. 06-107
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE ARCHIBLAD AVENUE
PAVEMENT REHABILITATION FROM BASE LINE ROAD TO 19TH
STREET, CONTRACT NO. 05-093, AND AUTHORIZING THE FILING OF
A NOTiCE OF COMPLETION FOR THE WORK
MOTION: Moved by Wiiiiams, seconded by Gutierrez to approve the staff recommendations in the staff
reports contained within the Consent Calendar with the exception of item 013. Motion carried
unanimously 5-0.
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E. CONSENT ORDINANCES
No items submitted.
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F. ADVERTISED PUBLIC HEARINGS
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No Items Submitted.
City Council Minutes
April 5, 2006
Page 11
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G. PUBLIC HEARINGS
II
G1. CONSIDERATION OF A RESOLUTION OF NECESSITY FOR THE ACQUISITION IN EMINENT
DOMAIN OF CERTAIN REAL PROPERTY INTERESTS IN APN: 0209-131-02 IN CONNECTION WITH
THE CONSTRUCTION OF THE HAVEN GRADE SEPARATION PROJECT
A staff report was presented by Maria Perez, Associate Engineer.
Council member Michael asked if this was being privately developed, wouid the developer have to make
the same improvements that are being done now for the grade separation at Haven.
Maria Perez, Associate Engineer, stated she didn't think we would require them to build the grade
separation because that is a regional benefit, but stated the right of way dedication would be the same
requirement.
Mayor Alexander opened the meeting for public testimony. Addressing the City Councii was:
Edward Burg, representing Hoefer Properties LLC and Pioneer LLC, who are the owners of the
property, stated some of the objections they raised at the last meeting have been taken care of,
but some of them have not. He stated the first objection is that the City has failed to comply with
CEQA requirements by failing to do full environmental analysis and environmental impacts of this
project. He stated the second objection is that the offer made to the owners fails to comply with
the requirements of the Government Code. He stated the offer was amended to be made to both
owners of the property. He reported on the four conditions that he felt were not part of the offer.
He stated the third objection is there is not sufficient evidence that this project is planned in the
manner most consistent with the greatest public good and the least private injury. He stated he
would like the Council to reject the Resolution of Necessity because the requirements for eminent
domain action have not been met.
There being no further comments, the public hearing was closed.
Council member Williams brought up that negotiations can continue even if this is approved tonight.
RESOLUTION NO. 06-108
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL
PROPERTY INTERESTS IDENTIFIED AS SAN BERNARDINO
COUNTY ASSESSOR'S PARCEL NUMBER 0209-131-02 NECESSARY
FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION
THEREOF, IN CONNECTION WITH THE HAVEN GRADE
SEPARATION PROJECT
MOTION: Moved by Michael, seconded by Spagnolo to approve Resolution No. 06-108. Motion carried
unanimously 5-0.
G2. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 19.12 OF THE MUNICIPAL CODE
PERTAINING TO FLOOD DAMAGE PROTECTION TO COMPLY WITH THE LATEST FEDERAL
EMERGENCY MANAGEMENT AGENCY (FEMA) REGULATIONS IN THE CITY OF RANCHO
CUCAMONGA
A staff report was presented by Joe O'Neil, City Engineer.
City Council Minutes
April 5, 2006
Page 12
Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing
was closed.
Council member Williams stated if this is all FEMA can find wrong by requiring us to correct things through
this Ordinance, she felt that is a real positive statement for our Public Works Department.
Debra J Adams, City Clerk, read the title of Ordinance No. 757.
ORDINANCE NO. 757 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 19.12 OF THE
RANCHO CUCAMONGA MUNICIPAL CODE, PROVIDING FOR
FLOODPLAIN MANAGEMENT REGULATIONS
MOTION: Moved by Williams seconded by Spagnolo to waive full reading and set second reading of
Ordinance No. 757 for April 19, 2006. Motion carried unanimously 5-0.
'" '" '" * '" '"
H. CITY MANAGER'S STAFF REpORTS
No items submitted.
'" '" * * * '"
I. COUNCIL BUSINESS
11. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.)
Councilmember Michael stated Monday night a workshop was held regarding opening the animal shelter
and wanted to let the audience know about the excellent presentation that was given. He stated the
quality of the work that staff does is excellent and they always try to do their best.
Councilmember Williams presented her legislative report at this time and commented on the City/County
conference that recently took place in Arrowhead. She thanked Senator Dutton for his biil on
transportation enhancement and for all of his efforts to help our City. She also thanked Assemblyman
Emmerson for all of his efforts to help our City with regards to group homes. She stated there is currently
a telecommunications debate at both the State and Federal level which will be a key issue for cities as
legislators are considering changes to the 1996 Telecommunications Act. She stated our City has urged
our Federal representatives to preserve valuable City services, maintain key elements of Franchise
Agreements, preserve local government management of public rights of way and preserve local authority
to deploy municipal broadband networks. She also commented on National Library Week and
encouraged everyone to visit the Friends of the Library Book Store at the Archibald Library and shop
there. Se stated the Friends are in need of paperback books.
Councilmember Spagnolo stated the City is now able to view the Generai Plan on the City's website
which is a good thing.
Councilmember Gutierrez wanted to reiterate all the good things going on in the City from the Mall to the
Library to the Senior Center, and the Cullurai Center. He stated we can't always make everyone happy in
the City, but the Council does the best it can. He stated he resents his character being knocked down,
and fell we need a higher levei of decorum at our meetings. He also commented on campaign
City Council Minutes
April 5, 2006
Page 13
• contributions from the Fire Union He stated he loves this City and is proud to be a part of it He stated if
anyone has any needs they should feel free to call on him
12 LEGISLATIVE UPDATE (Oral)
Councilmember Williams presented her report under Council Communications
J. IDENTIFICATION OF ITEMS FOR NEXT MEETING
No items were identified for the next meeting
Mayor Alexander stated at the next meeting the Highland Avenue item will be heard He suggested the
Council take two hours of testimony per meeting until all the testimony is heard and a decision is reached
He felt this would be more productive because of the amount of time this item will take
The Council concurred with the Mayor's suggestion
K. ADJOURNMENT
MOTION Moved by Michael, seconded by Gutierrez to adtourn Motion carried unanimously 5-0 The
• meeting adfourned at 8 44 p m
Respectfully mitred,
~~1
Debra J Ada , CMC
City Clerk
Approved May 3, 2006
•