Loading...
HomeMy WebLinkAbout2006/09/20 - Minutes - CC Min September 20, 2006 CITY OF RANCHO CUCAMONGA CITY COUNCIL CLOSED SESSION MINUTES II A. CALL TO ORDER .. ^^'~ ~~^~^ ~. '" .nn. .... ~ II .,., . ;".~~,~." " .d ... .: The Rancho Cucamonga City Council held a closed session on Wednesday, September 20, 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, Assistant City Manager; James Markman, City Attorney; and Linda D. Daniels. Acting Administrative Services Director. ****** II B. ANNOUNCEMENT OF CLOSED SESSION'ITEM(SY ...11 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 LINDA D. DANIELS, ACTING ADMINISTRATIVE SERVICES DIRECTOR, DIRECTION IN REGARDS TO THE MEET AND CONFER PROCESS - CITY ****** C. PUBLIC COMMUNICATIONS ON CLOSED SESSION No one was present to comment on the closed session item. ****** D. CONDUCT OF CLOSED SESS Closed session began at 5:35 p.m. ****** II E. CITY MANAGER ANNoUNCEMENTS AND'REPGRTS'; ;..1 MOTION: Moved by Williams, seconded by Gutierrez to add the following item under City Manager's Staff Reports during the regular Council meeting: "CONSIDERATION OF REQUEST BY DAREN GARDNER AND LUCRETIA SNIJDERS TO WAIVE CITY FEES FOR A PROPOSED "HALLOWEEN STREET" EVENT" Motion carried unanimously 5-0. ****** City Council Minutes September 20, 2006 Page 2 II ^ "'''^ ^ ^ N',''''''''''', ^ , " ~ ~, , "'~~""~,,,.,~;"; 'J';" , ,~L~':; F. RECESS. II The closed session adjourned at 6:40 p.m. with no action taken. CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reoular Meetino II ,;:,::;-,:~ "",'.'. "'." ........", ........................... ....,..,.<. """.,.',.......,...,,_. ...................,;......................., -.0."'.""."" .."",," ......................................'M.'.' ,',",:',",:..:.,',,':...,';; "" " ': 'of.:;"; ,', A. CALL TO ORDER II A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, September 20,2006, 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 7:17 p.m. Present were Councilmembers: Rex Gutierrez, L Dennis Michael, Sam Spagnolo, Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Linda D. Daniels, Redevelopment Director and Acting Administrative Services Director; James C. Frost, City Treasurer; Sid Siphomsay, Sr. Information Systems Specialist; Sam Davis, Sr. Information Systems Specialist; Joe O'Neil, City Engineer; James Troyer, Planning Director; Trang Huynh, Building & Safety Official; Kurt Keating, Code Enforcement Supervisor; Kevin McArdle, Community Services Director; Paula pachon, Management Analyst III; Captain Pete Ortiz, Lieutenant Bill Lenew, Sergeant Kish Doyle and Emily Campbell (Crime Prevention) - Rancho Cucamonga Police Department; Chief Peter Bryan and Deputy Chief Mike Bell, Rancho Cucamonga Fire Protection District; Shirr'l Griffin, Office Specialist II - City Clerk's office; and Debra J. Adams, City Clerk. ****** RESENTATIONS B1. Presentation of a Proclamation in recognition of National Community Planning Month. The Mayor and City Council presented the proclamation to the Planning Commissioners. James Troyer, Planning Director, gave a power point presentation which is on file in the City Clerk's office. B2. Presentation of a Proclamation in recognition of Dyslexia Awareness Month in October. No one was present to accept the Proclamation. Mayor Alexander read the proclamation. B3. Presentation of Proclamations and Certificates of Recognition to three Little and Major League Division All Star teams for winning the District 21 Championships in Rancho Cucamonga. Doug Morris, District 21 Area Administrator, assisted the City Council with the presentation of the Proclamations and Certificates of Recognition. B4. Presentation by KIDZWATCH Academy by SgL Kish Doyle. City Council Minutes September 20, 2006 Page 3 Sergeant Doyle gave a power point presentation, which is on file in the City Clerk's office, regarding this program. She also introduced Emily Campbell who also helped with the program. They stated they are working on expanding the program to other age groups. II C. PUBLIC COMMlfNICATIONS~'" ,., ,:-., ....11 C1. Jim Moffatt stated he is a resident and candidate for City Council. He stated he wants to talk about the Sign Ordinance. He felt the Fire Union was trying to buy a seat on the City Council and that they are backed by Bill Alexander and Sam Spagnolo. He stated the unions have been told that no political signs can go up any sooner than 30 days prior to the election, but they went ahead and did this anyway. He stated the candidate knows this and is not doing anything to take down any of his political signs. Mr. Moffat stated he has even gone around and told people not to put up their signs any sooner than 30 days prior to the election. He added that the Fire Chief has nothing to do with this, and added he didn't agree with what the Fire Union is doing. He did not feel Bill Alexander and Sam Spagnolo should be asking the fire fighters to support their candidate. He did not think we needed this type of person in our City. C2. Terry Smith of Alta Loma stated she stands behind our first amendment right, but does not think it is right for John Lyons to use this podium to campaign for City Council. She stated she is asking for the City Attorney to explain if campaigning is allowed to go on during Council meetings. She stated there are already three people on the Council that are part of the Fire Department, and didn't know if we need two more. Mayor Alexander stated it is allowed and asked the City Attorney to explain. James Markman, City Attorney, stated the Brown Act does allow anyone to come to the podium and address the Council on anything, which does include elections. He stated he cannot imagine telling someone they cannot come up under Public Communications and essentially campaign. He stated this happens in every City he has worked in. He stated the incumbents also have their three minutes to make announcements about their campaign as well. He stated this is not a legal problem and people have their first amendment right to campaign right here at the Council meeting. Councilmember Michael stated he wished the Council can set a requirement that no campaigning be done at the podium during election season. He said he understands we can't stop them, but felt the Council should at least set the decorum or standard that this should be done. Councilmember Gutierrez felt Ms. Smith is trying to say the Mayor of this City has the obligation and the moral duty to run this meeting with some degree of decorum and that this hasn't been happening. Mayor Alexander stated he would love to control this, but that based on what the City Attorney indicated, he cannot be selective in stopping certain people from speaking. He stated he will go by the City Attorney's advice. C3. Diane Mindrum of Rancho Cucamonga for 14 years and also owns a business in the City, asked the Mayor if he recommended a tax increase to change the response crews from 3 men to 4 men and to also add five new fire stations. Mayor Alexander stated he certainly has asked that stations be added and has asked that personnel be added, and that he will continue to do so not only for Fire, but Police also. He stated he will do anything that has to for public safety to keep our community at the level it should be at. Ms. Mindrum talked about salaries of various fire personnel and the cost to tax payers. She talked about the fire fighters retirement benefits. She did not feel we can afford any more firemen or fire stations. She stated 98% of fire calls are non-fire related and 2% are fire related. She did not think we could afford any more fire related Councilmembers. She did not think we should be paying retired employees more than working employees. She commented about the political billboards that should not be up and them being City Council Minutes September 20, 2006 Page 4 endorsed by Bill Alexander and Sam Spagnolo, when the Ordinance says no signs should go up any sooner than 30 days prior to the election. She felt this candidate should follow the laws like everybody else. C4. Vince Dilde from Hungary stated he has come to America because it is a free Country. He talked about the boat he purchased that is parked in his driveway. He stated he is being told by Code Enforcement that he cannot do this. He felt he is being ganged up on and that he does not agree with this law. C5. John Lyons stated he is running for City Council and lives in the Etiwanda area of the City. He stated he is running against Councilmembers Williams and Gutierrez because of their record on the Council. He wanted to defend our fire fighters and the job they do. He felt the firemen get paid part of their salary by the Statewide Mutual Aid Program. He talked about circulating the petition to incorporate the City many years ago. He felt the number one issue in the City is too many apartments. He felt Diane Williams and Rex Gutierrez take the developer's money and that is why we have so many apartments. He felt this was increasing crime and overcrowding our schools. He stated he would not approve any apartment buildings if he was on the Council. C6. Sandra Maggard, lives on Riallis at the top of Beryl, mentioned the Christmas tree farm owned by the Carrari family. She stated Congressman Miller now owns this land and is going to build where the tree farm is. She stated everyone has read in the newspaper about the many questionable land deals that Congressman Miller has been involved in. She felt his influence has the potential to find him special favors in our City when it comes to his planned destruction of this mountain. She stated she and some of her neighbors have met with the Councilmembers about this issue. She stated most of them are very concerned about the potential negative impact this will have on the City. She stated they were very disappointed with the Mayor's response to them when they met. She did not feel the Mayor should be supporting a project when it is in the early development stages. She asked if Mayor Alexander is the point man for Congressman Miller's project. She stated she knows the Mayor has plans to leave the City and move to Arizona. She felt the Mayor doesn't care what type of project will be going in and what the residents will be left with. C7. Jim and Gwyn Frost stated last Friday was National POW-MIA Recognition Day. He stated a lot of people did not know this. He showed a picture of a cemetery in Sicily-Rome, where his uncle is buried. He mentioned the POW-MIA flag and what it means to the Country. He felt the flag should be flown on City flag poles and added that they want to present another flag in order to accomplish this. He asked that the City treat this with respect. Mayor Alexander stated he would like to see this back on the City flag pole. Jack Lam, City Manager, stated if Council gives direction it will be done. Mayor Alexander asked that this be on the next agenda. Councilmember Spagnolo felt this should be done and the flag be flown. C8. Tony Mize Co-Chair of the PAL Campaign wanted to remind everyone about the new Cultural Center in the City. He stated tomorrow there will be 500 kids to tour the Cultural Center and Library. He congratulated everyone involved with this project. He mentioned the amount of money they have raised and that they are a little short of meeting their $5 million goal. He reported about the Library Telethon and the Community Foundation Gala to take place on December 1 - 3. He stated they are raffling off a new home or $850,000 in cash to raise the rest of the money to meet that $5 million goal. Councilmember Williams commented that the program called "Miss Nelson is Missing" was coming this weekend. C9. Don Kurth stated he is a local physician and was surprised by the Mayor's comments on raising local taxes. He stated he was surprised to hear the Mayor say he supported higher taxes. He stated if it wasn't for Councilmembers Williams, Gutierrez and Michael, the City's money would be flying out the City Council Minutes September 20, 2006 Page 5 door faster than it can be earned. He asked people to think about this come election day. He stated people should elect the candidates that have broad interests, not special interests. He didn't think any candidate should be bringing in outside agitators to walk precincts and felt this was scandalous. C10. Greg Rosalia stated he is not running for City Council and lives on Falling Star Court. He talked about his neighborhood stating that because the homes are very close together located on a cul-de-sac, there is very limited frontage on the street for parking vehicles there. He stated even though it is allowed to park in front of your neighbor's house, it should be done with responsibility and respect to your neighbors and not done on a regular basis. He felt people should listen to their neighbor's complaints if they are parking too frequently in front of someone's house. He stated he knows that some communities have limited, on street, overnight parking during certain hours with tickets being issued to violators. He stated he really didn't recommend this. He stated he knows there are some communities that limit the number of vehicles one can park at a given location altogether. He suggested that possibly the Council might want to adopt something so that people purchase a permit from the City granting exclusive parking in front of one's own home. He hoped this could come back on the next agenda for further discussion. Councilmember Gutierrez stated he would be placing this on the next agenda. ****** II D. CONSENT CALENDAR, > J~, ,.,.,c, "'11 01. Approval of Minutes: August 28,2006 (Special Joint Mtg.) August 29, 2006 (Special Mtg.) September 6, 2006 02. Approval of Check Register dated August 30 through September 12 and Payroll ending September 12, 2006, for the total amount of $2,639,931.14. D3. Approve to receive and file current Investment Schedule as of August 31,2006. 04. Approval to authorize the advertising of the "Notice Inviting Bids" for the construction of Base Line Road Pavement Rehabilitation from West City Limit to Carnelian Street, to be funded from Accl. No. 1176303-5650/1374176-0 (Measure "I" Funds). RESOLUTION NO. 06-285 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR "BASE LINE ROAD PAVEMENT REHABILITATION FROM WEST CITY LIMIT TO CARNELIAN STREET" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 05. Approval of Parks, Recreation Facilities and Community Services Update. 06. Approval of sole source vendor selection for the purchase of parts, supplies, and services for the Vactor Storm Drain Truck, Elgin Street Sweepers, and Mobile Street Sweeper from Haaker Equipment Company, of Pomona, for an annual total not to exceed $35,000 for Fiscal Year 2006/07, with an option to renew annually after review and confirmation of pricing, for additional one year periods, to be funded from Accl. No.1 006303-5250 ($10,000) and 1001317-5250 ($25,000). 07. Approval of a resolution approving grant funds for the Pacific Electric Inland Empire Trail from the Recreation Trails Program under the Federal Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). City Council Minutes September 20, 2006 Page 6 RESOLUTION NO. 06-286 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE RECREATIONAL TRAILS PROGRAM D8. 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 99-53, located at the northwest corner of 6th Street and Haven Avenue, submitted by Rancho Haven, LLC. RESOLUTION NO. 06-287 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR CUP 99-53 RESOLUTION NO. 06-288 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 99-53 D9. Approval of Improvement Agreement and Improvement Security for Public Street Improvements and Development Review Project DRC2004-00656, located on the southeast corner of Sixth Street and Rochester Court, submitted by Mangini Development. RESOLUTION NO. 06-289 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DEVELOPMENT REVIEW PROJECT DRC2004-00656 D10. 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 16574, located on the southwest corner of Ironwood St. and Teak Way, submitted by Martinez Properties, LLC. RESOLUTION NO. 06-290 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 16574, MONUMENTATION CASH DEPOSIT, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITIES FOR PUBLIC STREET IMPROVEMENTS RESOLUTION NO. 06-291 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 PARCEL MAP 16574 City Council Minutes September 20, 2006 Page 7 011. Approval of Map for Parcel Map No. 17426, located on the southwest corner of Foothill Boulevard and Milliken Avenue, submitted by Foothill and Milliken JP/PI, LLC. RESOLUTION NO. 06-292 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NO. 17426 (TENTATIVE PARCEL MAP NO. 17426) 012. Approval of Improvement Agreement, Improvement Securities and Annexation of Work Program Areas to Landscape Maintenance District Nos. 7 and 10 for Rancho Etiwanda Estates Infrastructure (Tentative Tracts 16226 and 16227), located north of the extension of Day Creek Boulevard and west of Etiwanda Avenue, submitted by JTY Investment, LLC. RESOLUTION NO. 06-293 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR RANCHO ETIWANDA ESTATES INFRASTRUCTURE (LMD LANDSCAPING FOR TRACTS 16226 & 16227) RESOLUTION NO. 06-294 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO THE WORK PROGRAM FOR LANDSCAPE MAINTENANCE DISTRICT NO. 7 FOR RANCHO ETIWANDA ESTATES (TENTATIVE TRACTS 16226 AND 16227) RESOLUTION NO. 06-295 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO THE WORK PROGRAM FOR LANDSCAPE MAINTENANCE DISTRICT NO. 10 FOR RANCHO ETIWANDA ESTATES (TENTATIVE TRACTS 16226 AND 16227) 013. Approval of Map and Monumentation Cash Deposit for Tract Map 17745, located on the north side of Highland Avenue between Archibald and Hermosa Avenues, submitted by G-APEX, LLC. RESOLUTION NO. 06-296 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP 17745 AND MONUMENTATION CASH DEPOSIT 014. Approval of Map, Improvement Agreement, Improvement Security, Ordering the Annexation to Landscape Maintenance District NO.2 and Street Lighting Maintenance District Nos. 1 and 3 for Tract Nos. 17487 and 17840, generally located south of Church Street and east of Day Creek Boulevard by Shea Homes, LP 227-452-22 & 23. RESOLUTION NO. 06-297 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBERS 17487 AND 17840, IMPROVEMENT AGREEMENTS AND IMPROVEMENT SECURITIES City Council Minutes September 20, 2006 Page 8 RESOLUTION NO. 06-298 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 STEET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 36 FOR TRACT NOS. 17487 AND 17840 D15. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $544,896.25 to the apparent low bidder, American Asphalt South, Inc., (CO 06-163)and authorize the expenditure of a 10% contingency in the amount of $54,489.62, for the FY 2006/2007 Pavement Rehabilitation - Slurry Seal of Various Streets, to be funded from Gas Tax Funds, Acct. No. 1170303-5650/1022170-0, Measure "I" Funds, Acct. No. 1176303-5650/1022176-0 and Prop 42 Traffic Relief Funds, Acct. No. 1190303-5650/1022190-0. D16. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $1,062,213.77 to the apparent low bidder, Bond Blacktop, Inc., (CO 06-164) and authorize the expenditure of a 10% contingency in the amount of $106,221.38, for the FY 2006/2007 Pavement Rehabilitation - Cape Seal of Various Streets, to be funded from Prop 42 Traffic Relief Funds, Acct. No. 1190303-5650/1022190-0. D17. Approval to authorize the execution of a Professional Services Agreement in the amount of $107,700 to Butsko Utility Design, Inc., (CO 06-165) for system planning, design and inspection of Victoria Hospitality Center, Footchester Center and Foothill Crossing-Rancho within the Rancho Cucamonga Municipal Utility service area, respectively, to be funded $43,600 from 1705303- 5650/1518705; $43,600 from 1705303-5650/1396705; $20,500 from 1705303-5650/1397705 Municipal Utility Fund. D18. Approval of an Agreement with the Chaffey College Foundation (CO 06-166) to Broadcast the "Chaffey College Foundation Telethon" on RCTV-3. D19. Approval of Local Agency - State Agreement (CO 06-167) Bicycle Transportation Account Project for Phase V of the segment of the Pacific Electric Trail, from 1350 feet east of Etiwanda Avenue to the east City limit and authorization of the Mayor to sign the Agreement. RESOLUTION NO. 06-299 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY AND THE STATE OF CALIFORNIA FOR BICYCLE TRANSPORTATION ACCOUNT FUND GRANT, LOCAL AGENCY - STATE AGREEMENT, FOR PAHSE V OF THE PACIFIC ELECTRIC TRAIL, "RAILS TO TRAILS", FROM EAST OF ETIWANDA AVENUE TO THE EAST CITY LIMIT D20. Approval to execute contract renewals (CO 90-145, 89-136, 93-006) with Mariposa Horticultural Enterprises, Inc., or Irwindale, California, for the maintenance of City parks and City and Fire District Landscape sites, in the amount not to exceed $1,313,596 for City facilities and $60,980 for Fire District facilities with the option to renew for additional one year periods, and authorize the City Engineer and Fire Chief to execute said contract renewals; to be funded from 1001312-5304 ($7,940); 1001316-5300 ($438,465); 1008316-5300 ($81,450); 1130303-5300 ($230,100); 1131302-5300 ($73,276); 1132303- 5300 ($2,350); 1133303-5300 ($339,500); 1134303-5300 ($116,600); 1137303-5300 ($13,800); 1140303-5300 ($10,115); 3281514-5300 ($34,170) and 3281515-5300 ($26,810) for Fiscal Year 2006/2007. City Council Minutes September 20, 2006 Page 9 021. Approval to execute a contract renewal (CO 92-011) with Trugreen Landcare of Monrovia, California, for the maintenance of City trees, in the amount not to exceed $683,190 with the option to renew for additional one year periods, to be funded from 1001316-5300 ($352,000); 1130303-5300 ($41,000); 1130303-5310 ($76,280); 1131303-5310 ($68,900); 1133303-5310 ($40,800); 1134303-5310 ($20,700); 1136303-5310 ($27,770),; 1137303-5310 ($14,330); 1138303-5310 ($11,000); 1139303-5310 ($6,350); 1140303-5310 ($6,560); 1848303-5310 ($17,400), as approved in the Fiscal Year 2006/2007 Budget. 022. Approval to execute contract renewals (CO 90-143,90-144,93-041,93-080,02-018) with Trugreen Landcare of Upland, California, for the maintenance of various landscape sites citywide, in the amount not to exceed $2,555,990 with the option to renew for additional one year periods, and authorize the City Engineer to execute said contract renewals; to be funded from 1001316-5300 ($30,000); 1130303-5300 ($378,390); 1131303-5300 ($1,041,680); 1133303-5300 ($7,700); 1134303-5300 ($339,700); 1135303- 5300 ($2,000); 1136303-5300 ($259,640); 1137303-5300 ($267,300); 1138303-5300 ($22,800); 1139303-5300 ($24,500); 1140303-5300 ($92,640) and 1868203-5300 ($89,640) for Fiscal Year 2006/2007. 023. Approval of Improvement Agreement Extension for Rancho Etiwanda Estates infrastructure (Tracts 16226 & 16227), located north of the extension of Day Creek Boulevard and west of Etiwanda Avenue, submitted by JTY Investment, LLC. RESOLUTION NO. 06-300 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR RANCHO ETIWANOA ESTATES INFRASTRUCTURE (TRACTS 16226 & 16227) 024. Approval of Improvement Agreement Extension for Tract 16227, located at the northwest corner of Day Creek Boulevard and Etiwanda Avenue, submitted by K. Hovnanian at Rancho Etiwanda, LLC. RESOLUTION NO. 06-301 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16227 025. Approval of Improvement Agreement Extension for Tract 16311, located at the southeast corner of Hellman Avenue and 6th Street, submitted by Crestwood Corporation. RESOLUTION NO. 06-302 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16311 026. Approval to release the Faithful Performance Bond, No. 6253067, in the amount of $153,900 for the Traffic Signals and Safety Lighting at the intersection of Victoria Street and Etiwanda Avenue, Contract No. 03-133. 027. Approval to release the Faithful Performance Bond, No. 6227214, in the amount of $193,049 for the Traffic Signals and Safety Lighting at Los Osos High School, Contract No. 04-028. City Cou'ncil Minutes September 20, 2006 Page 10 D28. Approval to accept the ADA 2005/2006 Access Ramp and Drive Approach Improvements at Various Locations, Contract No. 06-016, 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 $98,741. RESOLUTION NO. 06-303 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE ADA 2005/2006 ACCESS RAMP AND DRIVE APPROACH IMPROVEMENTS AT VARIOUS LOCATIONS, CONTRACT NO. 06-016 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D29. Approval to accept the Bridge Maintenance and Rehab Project at Heritage Park, Contract No. 06- 066, 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 $38,326. RESOLUTION NO. 06-304 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE BRIDGE MAINTENANCE AND REHAB PROJECT AT HERITAGE PARK, CONTRACT NO. 06-066 AUD AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D30. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for improvements for DRC2001-00772 (TR 10246), located at the southwest corner of Haven Avenue and Hillside Road, submitted by Prestige Homes, L.P. RESOLUTION NO. 06-305 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2001-00772 (TR 10246) AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D31. Approval to accept Improvements, retain the Faithful Performance Bond in lieu of a Maintenance bond, and file a Notice of Completion for improvements for Parcel Map 16323, located on the east side of Haven Avenue, south of 6th Street, submitted by Ledesma & Meyer Development Company, Inc. RESOLUTION NO. 06-306 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 16323 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D32. Approval to release the Faithful Performance Bond retained in lieu of a Maintenance Guarantee Bond for Tracts 16257 & 16347, located on the west side of Etiwanda Avenue, north of Foothill Boulevard, submitted by Empire Commercial Real Estate, LLC. MOTION: Moved by Gutierrez, seconded by Spagnolo to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 5-0. City Council Minutes September 20, 2006 Page 11 Jack Lam, City Manager, stated there was a request to add an item to the agenda to go under "City Manager's Staff Reports" as item 2 entitled "Consideration of Request by Daren Gardner and Lucretia Snijders to waive City Fees for a Proposed "Halloween Street" Event." He stated this was voted on in closed session to add this to the agenda. (See closed session minutes for vote to add this item.) II E.CONSENT ORDINANCES II E1. CONSIDERATION OF DEVELOPMENT CODE AMENDMENT DRC2006-00576 - CITY OF RANCHO CUCAMONGA - An Amendment to Section 17.02.110 - Public Hearings and Notification Requirements. This action is exempt from environmental review pursuant to Section 15061 (b)(3) of the State CEQA guidelines. Debra J. Adams, City Clerk, read the title of Ordinance No. 768. ORDINANCE NO. 768 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPEMNT CODE AMENDMENT DRC2006-00576, AMENDING SECTION 17.02-110 - PUBLIC HEARINGS AND NOTIFICATION REQUIREMENTS, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Spagnolo, seconded by Gutierrez to waive full reading and approve Ordinance No. 768. Motion carried unanimously 5-0. ****** F. ADVERTISED PuBLIC HEARINGS F1. CONSIDERATION OF RESOLUTIONS AND ORDINANCE RELATING TO THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 2006-01 (VINTNER'S GROVE). (CONTINUE TO OCTOBER 18, 2006) Jack Lam, City Manager, stated items F1 and F2 were advertised to be heard as public hearings; but because they are related to a Joint Facilities Agreement, it is necessary for other agencies to act on this first. He stated since they have not done so, it is requested that Items F1 and F2 be continued to October 18, 2006. MOTION: Moved by Gutierrez, seconded by Spagnolo to continue items F1 and F2 to the October 18, 2006 meeting at 7:00 p.m. in this room. Motion carried unanimously 5-0. F2. CONSIDERATION OF RESOLUTIONS AND ORDINANCE RELATING TO THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 2006-02 (AMADOR ON ROUTE 66). (CONTINUE TO OCTOBER 18, 2006) Jack Lam, City Manager, stated items F1 and F2 were advertised to be heard as public hearings; but because they are related to a Joint Facilities Agreement, it is necessary for other agencies to act on this first. He stated since they have not done so, it is requested that Items F1 and F2 be continued to October 18, 2006. City Council Minutes September 20, 2006 Page 12 MOTION: Moved by Gutierrez, seconded by Spagnolo to continue items Fl and F2 to the October 18, 2006 meeting at 7:00 p.m. in this room. Motion carried unanimously 5-0. II G. PUBLIC HEARINGS II No items submitted. II It. CrryMANAGER'S STAFF REPORTS II Hl. CONSIDERATION OF A RESOLUTION ENDORSING THE FORMATION OF THE INLAND EMPIRE LANDSCAPING ALLIANCE, CONSISTING OF CITIES AND WATER AGENCIES SERVED BY THE INLAND EMPIRE UTILITIES AGENCY AND APPOINTMENT OF A REPRESENTATIVE TO SERVE AS A MEMBER OF THE EMPIRE LANDSCAPING ALLIANCE A staff report was presented by Jack Lam, City Manager. Fabian Villenas, Management Analyst III, stated Martha Davis with the Inland Empire Utilities Agency is also present and is willing to answer any questions the Council has. Councilmember Williams felt this was a good idea and that this would be good for the whole region. Martha Davis, Inland Empire Utilities Agency, stated this was suggested by the Upland Mayor, and felt this would strengthen the region's efforts on conservation. She appreciated the Council's support. RESOLUTION NO. 06-307 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ENDORSING THE FORMATION OF THE INLAND EMPIRE LANDSCAPING ALLIANCE MOTION: Moved by Alexander, seconded by Williams to approve Resolution No. 06-307. Motion carried unanimously 5-0. MOTION: Moved Alexander, seconded by Williams to appoint Dennis Michael to serve as the representative on the Empire Landscaping Alliance. Motion carried unanimously 5-0. 12. ADDED ITEM (Vote taken during closed session to add this item.) - CONSIDERATION OF REQUEST BY DAREN GARDNER AND LUCRETIA SNIJDERS TO WAIVE CITY FEES FOR A PROPOSED "HALLOWEEN STREET" EVENT A staff report was presented by Kurt Keating, Code Enforcement Supervisor. Councilmember Michael asked how many homes are on this street. Joe O'Neil, City Engineer, stated it is a City block. Councilmember Michael expressed concerns how emergency vehicles would access a home if there is an emergency during their event. City Council Minutes September 20, 2006 Page 13 Councilmember Gutierrez asked if this is a public event or private party. Kurt Keating, Code Enforcement Supervisor, stated it is a community event where anyone can attend on Halloween evening. Mayor Alexander stated this is a neighborhood event and added that he attended the meeting to organize this. He stated it was the requestors' intent to develop a safe place where kids can go and celebrate Halloween. Councilmember Gutierrez stated he didn't want to set a precedent by doing this and waiving their fees. He asked if we have approved other waivers of fees from people wanting to have neighborhood parties. Councilmember Michael referred to Christmas on Thoroughbred Street. He wished he could have heard from the applicant. Mayor Alexander suggested this be continued to the next meeting to allow the Mr. Gardner and Ms. Snijders an opportunity to address the Council. Kurt Keating, Code Enforcement Supervisor, stated he is not aware of other events where a waiver has been approved. He suggested they might want to place their decorations on private property instead of on the public street, which would eliminate the need for hiring deputies and the Temporary Use Permit. Councilmember Gutierrez stated he is always asked by the Alta Loma Oldtimers to have their fees waived when they hold their annual party. Councilmember Williams felt this should come back and allow for the people to present their case. Councilmember Gutierrez stated he would like to ask the Council to cover their costs of $2200 that the City is requiring. Councilmember Williams stated she is also happy to pitch in and cover their costs. ACTION: The Council gave consensus to continue this item to the October 4,2006 meeting. ****** I. COUNCIL BUSINESS 11. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) 11. Councilmember Michael stated he has observed allegations toward his colleagues tonight and commented on the crime rate going up 40%. He referred to the billboard that stated the Council needs one more vote to prioritize public safety. He stated the Council has always made public safety a priority. He asked if after public comments, can the Council respond to these comments. He felt everyone should hear the accurate information when comments are made. James Markman, City Attorney, stated staff or the Council can briefly respond to comments made from the public. Councilmember Michael stated he would like to see on the website what the City can do in emergency situations. Councilmember Williams stated this City is ready to handle emergencies and probably more so than any other City around. She talked about the Grand Prix Fire and how other cities came to Rancho Cucamonga for information. She stated we are ready for earthquakes, terrorist attacks or anything else. She felt the residents should be reassured that the City is ready for emergency situations. She stated she is frequently asked why Metrolink does not run a night train. She stated there is now a late train that City Council Minutes September 20, 2006 Page 14 runs around 11 :15 p.m., which is a new addition. She stated if it is not used it will be lost. She stated the Library on Archibald is the main Friends of the Library book store with a smaller one at the Victoria Gardens Library. She stated they are inundated with kids' books for only 25 cents. Councilmember Spagnolo stated there are two documents, i.e, the Strategic Plan for Fire and Police that people can be referred to in order to get their questions answered. He stated payroll can answer any questions what the fire fighters make. He did not think the statements people make about public safety personnel payroll is correct. He felt people should walk in their shoes before condemning them. Councilmember Gutierrez didn't feel people should mix what Police and Fire make because he didn't hear anyone complaining about that. He stated most people are really happy they live here. He didn't feel they deserved the defamation of what the billboard represents. He stated he regrets the City didn't have one day to celebrate the Cultural Center and Library before the billboards went up. He stated this is not acceptable. Mayor Alexander stated this is why it is called the "silly season." He remembers all the problems that have occurred throughout the years about political signs going up inappropriately. He hoped people will take their signs down in a timely manner and was glad there are only three more meetings to hear all of this before the election occurs. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING I Councilmember Michael stated he would like to have an item on the agenda for the Council to consider having a new section be added after "Public Comments" called "Council Responses to Public Comments." Councilmember Gutierrez stated he would like to know what other cities do as far as number of cars that are allowed to be parked in front of a house. Councilmember Michael asked that the City Manager respond on the issues of pubic safety as was done in a letter written to Senator Dutton because of his concerns. Councilmember Gutierrez asked that a report be given at the next meeting. II K. . ADJOURNMENT II MOTION: Moved by Williams, seconded by Gutierrez to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 9:28 p.m. ~~'t~ Debra J. Ad~MC City Clerk Approved: October 18, 2006