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HomeMy WebLinkAbout2002/03/20 - Minutes March 20, 2002 CITY OF RANCHO CUCAMONGA CITY COUNCIL CLOSED SESSION MINUTES A. CALL TO ORDER The Rancho Cucamonga City Council held a closed session on Wednesday, March 20, 2002, 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: Paul Biane, Grace Curatalo, Bob Dutton, Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; and William Curley, Assistant City Attorney. B. ANNOUNCEMENT OF CLOSED SESSION ITEMS Mayor Alexander announced there were two closed session items to be added as listed below: B1. ACTION TO APPOINT AN INTERIM BUILDING OFFICIAL PER GOVERNMENT CODE 54957.1(a) 5 - CITY B2. CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIATION - HILLSIDE SAPPHIRE VENTURE LTD. VS CITY OF RANCHO CUCAMONGA - GOVERNMENT CODE 54956.9(a) - CITY Both items were added to the closed session agenda by a unanimous vote C. COMMUNICATIONS FROM THE PUBLIC ON CLOSED SESSION ITEMS No one was present to comment on the closed session items. D. CONDUCT OF CLOSED SESSION Closed session began at 5:35 p.m. Closed session recessed at 6:50 p.m. until the conclusion of the City Council meeting. At the conclusion of the City Council meeting, closed session reconvened at 8:55 p.m. It was approved 5-0 and announced to the public to appoint Jerry Grant, former Building Official, to serve as the Interim Building Official until a recruitment can occur to replace Bill Makshanoff due to his recent announcement of retirement. CO 02-021 was approved 5-0. E. ADJOURNMENT The City Council adjourned at 9:45 p.m. City Council Minutes March 20, 2002 Page 2 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Re.qular Meetinq A. CALLTO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, March 20, 2002 in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:28 p.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, Grace Curatalo, Bob Dutton, Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; William Curley, Assistant City Attorney; Mike Nelson, Sr. RDA Analyst; Flavio Nunez, RDA Analyst; Kevin McArdle, Community Services Director; Paula Pachon, Management Analyst I~1: Dave Moore, Recreation Superintendent; Bill Makshanoff, Building Official; Alien Brock, Plan Check ManagedBuilding; Linda Courtney, Sr. Administrative Secretary; Joe O'Neil, City Engineer; Shintu Bose, Deputy City Engineer; Michelle Dawson, Management Analyst Ill; Walt Stickney, Associate Engineer; Ken Fung, Assistant Engineer; Brad Butler, City Planner; Kirt Coury, Associate Planner; Larry Temple, Administrative Services Director; Michael Toy, Information Systems Specialist; Sid Siphomsay, Information Systems Analyst; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Peter Bryan, Battalion Chief/Training Officer, Rancho Cucamonga Fire Protection District; Captain Pete Ortiz, Police Department; Duane Baker, Assistant to the City Manager; Britt Wilson, Management Analyst II; Kimberly Thomas, Management Analyst II; Kathy Scott, Deputy City Clerk; Shirr'l Griffin, Office Specialist II; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation on Measure I by Darren Kettle, Director of Intergovernmental/Legislative Affairs, San Bernardino Associated Governments (SANBAG). A power point presentation was given by Darren Kettle, SANBAG, describing Measure I and the benefits everyone receives from it. B2. Presentation of a Plaque to SBC Pacific Bell for their generous donation to the Rancho Cucamonga Community Foundation. Mayor Alexander presented the plaque to Jaoni Finwall. B3. Presentation of a Proclamation in recognition of Red Cross Month. Mayor Alexander presented the Proclamation to Duane Baker, Assistant to the City Manager and long- time volunteer and Treasurer for the Red Cross. B4. Presentation of a commemorative City tile plaque to Bill Makshanoff, Building Official, in honor of his retirement from the City. Mayor Alexander presented the plaque to Bill Makshanoff and thanked him for his service to the City of Rancho Cucamonga. Bill Makshanoff, Building Official, thanked the Council, City Manager and City Staff for the opportunity to have worked in the City of Rancho Cucamonga. City Council Minutes March 20, 2002 Page 2, C. COMMUNICATIONS FROM THE PUBLIC C1. Frank Williams, BIA, stated he has not always agreed with Bill Makshanoff, but felt he was the best of the best in Building Officials. He congratulated him on his retirement. C2. Paula Pachon and Rebecca Davies of the Library Foundation told about the upcoming Library Telethon planned for this weekend. They encouraged everyone to contribute to this worthwhile cause and event. D. CONSENT CALENDAR Jack Lam, City Manager, announced there was a correction in the account number for item D21. A memo is on file in the City Clerk's office with the correct account number. D1. Approval of Minutes: March 6, 2002 D2. Approval of Warrants, Register Nos. 2/27/02 and 3/6/02, and Payroll ending 2/24/02 for the total amount of $2,142,794.20. D3. Approve to receive and file current Investment Schedule as of February 28, 2002. D4. Approval to authorize the advertising of the "Notice Inviting Bids" for Coyote Canyon Landscape Improvements, funded from Account No. 1120305-5650/1116-120-0. RESOLUTION NO. 02-073 A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR COYOTE CANYON LANDSCAPE IMPROVEMENTS AND AUTHORIZING AND DIRECTING THE CiTY CLERK TO ADVERTISE TO RECEIVE BIDS D5. Approval of Resolution authorizing the destruction of City Records pursuant to California Government Code Section 34090, the City's Records Retention Schedule, and other applicable legal citations. RESOLUTION NO. 02-074 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 De. Approval of a request to make a determination of Public Convenience and Necessity, DRC2002- 00128 - COSTCO WHOLESALE, for the issuance of a Type 21 Alcoholic Beverage License for Off Premises Liquor Sales, at a proposed Costco Wholesale in the Industrial Park District (Subarea 12), located at 11800 4th Street (on the north side of 4th Street adjacent to the I-15 Freeway) APN: 229-263- 69. City Council Minutes March 20, 2002 Page 4 RESOLUTION NO. 02-075 A RESOLUTION OF THE C~TY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY AND A REQUEST FOR THE ISSUANCE OF A TYPE 21 ALCOHOLIC BEVERAGE LICENSE FOR OFF PREMISE LIQUOR SALES AT A PROPOSED COSTCO WHOLESALE IN THE ~NDUSTRIAL PARK DISTRICT (SUBAREA 12) LOCATED AT 11800 4TM STREET (ON THE NORTH SIDE OF 4TM STREET ADJACENT TO THE 1-15) AND MAKING FINDINGS IN SUPPORT THEREOF. APN: 229-263-69 D7. Approval of an application for California Beverage Container Recycling and Litter Reduction Annual Payment by the California Department of Conservation Division of Recycling. RESOLUTION NO. 02-076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPLICATION FOR CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ANNUAL PAYMENT BY THE CALIFORNIA DEPARTMENT OF CONSERVATION DIVISION OF RECYCLING DS. Approval for design of the Rochester Avenue Landscaping at Route 30 Project and appropriate $24,332.00 ($22,120.00 plus 10% contingency) from Account No. 1103 I65650/1330110 (Beautification Fund). D9. Approval of a request to Summarily Vacate Excess Street Right-of-Way at the southwest side of the knuckle intersection of Malvern Avenue and Salina Street, V-183 -APN: 209-041-47 RESOLUTION NO. 02-077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF EXCESS RIGHT-OF-WAY AT THE SOUTHWEST SIDE OF THE KNUCKLE INTERSECTION OF MALVERN AVENUE AND SALINA STREET D10. Approval to amend Professional Services Agreement CO 01-099 with Geographics and approve a budget appropriation of $15,000 to the Non-departmental General Overhead City Account #1001001- 5300 for professional services for the Rancho Cucamonga Repoder quarterly insert in The Grapevine. Dll. Approval of Map and Monumentation Cash Deposit for Parcel Map 15666, located on the south side of Base Line Road, west of Milliken Avenue, submitted by Western Land Properties, a California Limited Partnership. RESOLUTION NO. 02-078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 15666 AND MONUMENTATION CASH DEPOSIT D12. Approval of Map, Improvement Agreement, Improvement Security and Ordering the Annexation to Street Lighting Maintenance District Nos. I and 7 for Tract Map 14494-1, located on the north side of Banyan Street between the SCE Corridor and Day Creek Boulevard, submitted by US Homes Corporation. City Council Minutes March 20, 2002 Page 5 RESOLUTION NO. 02-079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 14494-1, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY RESOLUTION NO. 02-080 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 7 FOR TRACT 14494-1 D13. Approval of Map, Improvement Agreement, Improvement Security and Ordering the Annexation to Street Lighting Maintenance District Nos. 1 and 7 for Tract Map 14497, located on the west side of Bluegrass Avenue between Banyan Street and Wilson Avenue, submitted by Standard Pacific Corp. RESOLUTION NO. 02-081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 14497, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY RESOLUTION NO. 02-082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 7 FOR TRACT 14497 D14. Approval of Map, Improvement Agreement, Improvement Security and Ordering the Annexation to Street Lighting Maintenance District Nos. 1 and 7 for Tract Map 14498, located on the southwest corner of Wilson Avenue and Bluegrass Avenue, submitted by Rancho Etiwanda 685, LLC. RESOLUTION NO. 02-083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 14498, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY RESOLUTION NO. 02-084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 7 FOR TRACT 14498 D15. Approval of Map, Improvement Agreement, Improvement Security and Ordering the Annexation to Street Lighting Maintenance District Nos. 1 and 7 for Tract Map 14523, located on the west side of Day Creek Boulevard between Banyan Street and Wilson Avenue, submitted by MBK Homes LTD. City Council Minutes March 20, 2002 Page 6 RESOLUTION NO. 02-085 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 14523, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY RESOLUTION NO. 02-086 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 7 FOR TRACT 14523 D16. Approval of Map, Improvement Agreement, Improvement Security and Ordering the Annexation to Street Lighting Maintenance District Nos. 1 and 7 for Tract Map 14523-1, located on the west side of Day Creek Boulevard between Wilson Avenue and Banyan Street, submitted by Rancho Etiwanda 685, LLC RESOLUTION NO. 02-087 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 14523-1, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY RESOLUTION NO. 02-088 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 7 FOR TRACT 14523-1 D17. Approval of Map, Improvement Agreement, Improvement Security and Ordering the Annexation to Street Lighting Maintenance District Nos. 1 and 7 for Tract Map 15838, located on the east side of Day Creek Boulevard between Banyan Street and Wilson Avenue, submitted by Rancho Etiwanda 685, LLC and Standard Pacific Corp. RESOLUTION NO. 02-089 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 15838, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY RESOLUTION NO. 02-090 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 7 FOR TRACT 15838 D18. Approval of Map, Improvement Agreement, Improvement Security and Ordering the Annexation to Street Lighting Maintenance District Nos. 1 and 7 for Tract Map 15902, located at the southeast corner of Day Creek Boulevard and Banyan Street, submitted by Rancho Etiwanda 685, LLC. City Council Minutes March 20, 2002 Page ? RESOLUTION NO. 02-091 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 15902, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY RESOLUTION NO. 02-092 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 7 FOR TRACT 15902 D19. Approval to award and execute the Landscape and Irrigation Maintenance Contract for Landscape Maintenance Districts (LMD) No. 9 and No. 10 to Truegreen Landcare, Branch 6169, of Ontario, California (CO 02-018) in the amount of $9,399.07, to be funded from Account Nos. 1139303- 5300 (LMD 9) and 1140303-5300 (LMD 10). D20. Approval of a Street Frontage Reimbursement Agreement (CO 02-019) for Construction of Banyan Street (formerly Summit Avenue) from Bluegrass Avenue to Etiwanda Avenue (approximately 2645 feet) in connection with development of Tract 13812, submitted by Panda Development, SRA-26. RESOLUTION NO. 02-093 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A STREET FRONTAGE REIMBURSEMENT AGREEMENT (SRA-26) EXECUTED ON MARCH 20, 2002, FOR THE INSTALLATION OF BANYAN STREET (FORMERLY SUMMIT AVENUE) FROM BLUEGRASS AVENUE TO ETIWANDA AVENUE D21. Approval of a Professional Services Agreement with Kimley-Horn and Associates (CO 02-020) for the design of Traffic Signal Interconnect System and to provide traffic signal coordination plans on Base Line Road from Benson Avenue to Etiwanda Avenue in the amount of $112,000 and authorization of 10% contingency, to be funded from Account No. ~4~?,~4~. 112430356501290124 (corrected account number per memo on file with agenda packet) D22. Approval to accept Improvement, release the Faithful Performance Bond, accept a Maintenance Bond and file a Notice of Completion for Improvements for DR 99-55, submitted by Rancho Cucamonga II, Inc., a Massachusetts Corporation, located at the southeast corner of Arrow Route and Milliken Avenue. RESOLUTION NO. 02-094 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 99-55 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D23. Approval to accept Improvements, retain the Faithful Performance Bond as a Maintenance Bond and file a Notice of Completion for ~mprovements for DR 00-76, submitted by Khosro Khaloghli, located on the north side of Sixth Street, west of Cleveland. City Council Minutes March 20, 2002 Page 8 RESOLUTION NO. 02-095 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 00-76 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D24. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for Improvements for Parcel Map 15350, submitted by General Dynamics Properties, Inc., on the southwest corner of Milliken Ave. and Sixth St. RESOLUTION NO. 02-096 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 15350 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D25. Approval of release of Maintenance Guarantee Bond for Tracts 15727-1, -2, -3, -4, -5, located north of Fourth Street, between Hellman and Archibald Avenues, submitted by Cornerpointe 85, LLC. D26. Approval to accept the Lower Hermosa Avenue Phase I Utility Underground and Street Light Improvements from 4~h Street to approximately 350 feet south of 8th Street, Contract No. 01-089, as complete, retain the 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 $570,791.84. RESOLUTION NO. 02-097 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE LOWER HERMOSA AVENUE PHASE I UTILITY UNDERGROUND AND STREET LIGHT IMPROVEMENTS FROM 4TM STREET TO APPROXIMATELY 350 FEET SOUTH OF 8TM STREET, CONTRACT NO. 01-089 AS COMPLETE, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D27. Approval to accept the 6th Street Pavement Rehabilitation from Hellman Avenue to Archibald Avenue, Contract No. 01-101 as complete, retain the Performance Bond as a Guarantee Bond, release Labor and Material Bond, and authorize the City Engineer to file a Notice of Completion and approve the final Contract amount of $190,735.44. RESOLUTION NO. 02-098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE 6TM STREET PAVEMENT REHABILITATION FROM HELLMAN AVENUE TO ARCHIBALD AVENUE, CONTRACT NO. 01-101, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D28. Approval to accept the Construction of the Foothill Boulevard Median Improvements Phase II, Deer Creek Channel Bridge Widening and Storm Drain Project, Contract No. 00-014 as complete, 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 $7,815,506.91. City Council Minutes March 20, 2002 Page 9 RESOLUTION NO. 02-099 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE FOOTHILL BOULEVARD MEDIAN IMPROVEMENTS PHASE II, DEER CREEK CHANNEL BRIDGE WIDENING AND STORM DRAIN PROJECT, CONTRACT NO. 00-014, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D29. Approval to accept the Construction of the Metrolink Station Expansion, Phase II, Contract No. 00-096 as complete, 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 $1,679,188.13. RESOLUTION NO. 02-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUOAMONGA, CALIFORNIA, ACCEPTING THE CONSTRUCTION OF THE METROLINK STATION EXPANSION, PHASE II, CONTRACT NO. 00-096, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D30. Approval to accept the Construction of the Red Hill park Storage Building and Storage Shed and the Heritage Park Storage Shed, Bid Alternate No. 2 (Buildings A & B), Contract No. 01-055 as complete, 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 $142,093.00. RESOLUTION NO. 02-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUGAMONGA, CALIFORNIA, ACCEPTING THE CONSTRUCTION OF THE RED HILL PARK STORAGE BUILDING AND STORAGE SHED AND THE HERITAGE PARK STORAGE SHED, BID ALTERNATE NO. 2 (BUILDINGS A & B), CONTRACT NO. 01-055, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D31. Approval to accept the Construction of Banyan Street Right Turn Lane west of Milliken Avenue, Contract No. 01-100 as complete, 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 $62,478.26. RESOLUTION NO. 02-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE CONSTRUCTION OF BANYAN STREET RIGHT TURN LANE WEST OF MILLIKEN AVENUE, CONTRACT NO. 01-100, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D32. Approval to accept the Construction of the Civic Center East Parking Lot Expansion, Contract No. 01-070 as complete, 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 $528,956.77. City Council Minutes March 20, 2002 Page RESOLUTION NO. 02-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE CONSTRUCTION OF THE CIVIC CENTER EAST PARKING LOT EXPANSION, CONTRACT NO. 01-070, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D33. Approval of the Resolutions approving and confirming the Engineer's Reports and setting of Public Hearing for May 15, 2002, to Levy the Annual Assessments for Fiscal Year 2002/2003 for Landscape Maintenance Districts Nos. 1, 2, 3A, 3B, 4, 5, 6, 7, 8, 9, and 10. No increase of assessment rate is proposed. RESOLUTION NO. 02-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION 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 2002/2003 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO RESOLUTION NO. 02-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FOR APPROVAL OF CITY ENGINEER'S ANNUAL REPORTS FOR LANDSCAPE MAINTENANCE DISTRICTS NOS. 1, 2, 3A, 3B, 4, 5, 6, 7, 8, 9, AND 10. NO INCREASE OF ASSESSMENT RATE PROPOSED. D34. Approval of the Resolutions approving and confirming the Engineer's Reports and setting of Public Hearing for May 15, 2002, to Levy and Annual Assessments for Fiscal Year 2002/2003 for Street Lighting Maintenance District Nos. 1, 2, 3, 4, 5, 6, 7 and 8. No increase of assessment rate is proposed. RESOLUTION NO. 02-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICTS NOS. 1, 2, 3, 4, 5, 6, 7 AND 8 FOR THE FISCAL YEAR 2002/2003 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 19721 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO RESOLUTION NO. 02-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FOR APPROVAL OF CITY ENGINEER'S ANNUAL REPORTS FOR STREET LIGHTING MAINTENANCE DISTRICTS NOS. 1, 2, 3, 4, 5, 6, 7 AND 8. NO INCREASE OF ASSESSMENT RATE PROPOSED. City Council Minutes March20, 2002 Page 1.1. D35. Approval of the Resolutions approving and confirming the Engineer's Reports and setting the Public Hearing for May 15, 2002, to Levy and Annual Assessments for Fiscal year 2002/2003 for the Park and Recreation Improvement District (PD-85). No increase of assessment rate is proposed. RESOLUTION NO. 02-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN PARK AND RECREATION IMPROVEMENT DISTRICT (PD-85), FOR THE FISCAL YEAR 2002/2003 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO RESOLUTION NO. 02-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FOR APPROVAL OF CITY ENGINEER'S ANNUAL REPORT FOR PARK AND RECREATION IMPROVEMENT DISTRICT (PD-85). NO INCREASE OF ASSESSMENT RATE PROPOSED. MOTION: Moved by Williams, seconded by Biane to approve the staff recommendations in the staff reports contained within the Consent Calendar as corrected. Motion carried unanimously 5-0. E. CONSENT ORDINANCES El. CONSIDERATION OF AN ORDINANCE TO ESTABLISH A PRIMA FACIE SPEED LIMIT OF 40 MPH ON WILSON AVENUE BETWEEN CARNELIAN AND AMETHYST AVENUE Debra J. Adams, City Clerk, read the title of Ordinance No. 680. ORDINANCE NO. 680 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 10.20.020 OF THE RANCHO CUCAMONGA CITY CODE REGARDING PRIMA FACIE SPEED LIMIT OF 40 MPH ON WILSON AVENUE BETWEEN CARNELIAN STREET AND AMETHYST AVENUE MOTION: Moved by Dutton, seconded by Williams to waive full reading and approve Ordinance No. 670. Motion carried unanimously 5-0. F. ADVERTISED PUBLIC HEARINGS Fl. CONSIDERATION OF APPEAL FOR ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT16257 FORECAST CORPORATION - The appeal of the Planning Commission's decision to approve a request to subdivide 24.2 acres of land into one lot for condominium purposes in the Medium Residential District (8-14 dwelling units per acre), Etiwanda South Overlay District, and Etiwanda Avenue Overlay District within the Etiwanda Specific Plan, located on the west side of Etiwanda Avenue, north of Foothill Boulevard - APNs: 227-211-02, 04, 05, 09, 10, 15, 20, 29 and a portion of 17. Related files: Conditional Use Permit DRC2001-00557 and City Council Minutes March 20, 2002 Page t2 Tree Removal Permit DRC2001-00567. Staff has prepared a Negative Declaration of environmental impacts for consideration. (GONTINU£D FROM MARCH 6, 2002) CONSIDERATION OF APPEAL FOR ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRC2001~00557 - FORECAST CORPORATION - The appeal of the Planning Commission's decision to approve a request to construct 340 apartments on 24.2 acres of land in the Medium Residential District (8-14 dwelling units per acre), Etiwanda South Overlay District, and Etiwanda Avenue Overlay District within the Etiwanda Specific Plan, located on the west side of Etiwanda Avenue, north of Foothill Boulevard - APNs: 227-211-02, 04-, 05-, 09, 10, 15, 20, 29 and a portion of 17. Related files: Tentative Tract Map SUTT16257 and Tree Removal Permit DR2001- 00567. Staff has prepared a Negative Declaration of environmental impacts for consideration. (CONTINUED FROM MARCH 6, 2002) Jack Lam, City Manager, stated this was continued from the last meeting and asked Brad Buller, City Planner, for an update. Brad Bullet, City Planner, stated they have been in contact with both the developer and the homeowner. He stated just prior to this meeting beginning, more conversations have taken place and felt they would like to speak. Mayor Alexander opened the meeting for public hearing. Addressing the City Council were: Don GIover stated he has a binding Letter of Intent from Mr. Previty and would like a 60-day escrow. He stated they are willing to drop the appeal and that his neighbors agree. He stated he would like to apologize to Brad Buller for his previous comments at the last meeting. He stated he would sign the Letter of Intent. Councilmember Williams asked about the agreement. Mr. Glover stated they have reached agreement on the sales price of the homes and that six houses have agreed. Dan Sandoval thanked the Council for their help on this issue and also thanked Brad Bullet, City Planner, and Mr. Previty. Wes Leneer stated he hoped the City Council and Planning Commission have learned something from this. He felt there was a lot of frustration in getting this resolved, but felt this was best for he and the City. Mr. Jim Previty asked if the Council had any questions and apologized if he lost his temper at the last meeting. He stated he is glad it was continued for these two weeks in order to get things resolved. Councilmember Williams asked for an explanation of their resolution of this matter. Brad Bullet, City Planner, displayed a map showing the two parcels that are not willing to sign as of tonight, but stated there are still six who did sign. Mr. Previty stated he has personally gone out and talked to the residents and made contact with them. Brad Bullet, City Planner, stated with the withdrawal of the appeal, there is no action necessary. City Council Minutes March20, 2002 Page RESOLUTION NO. 02-071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE ACTION OF THE PLANNING COMMISSION AND APPROVING TENTATIVE TRACT MAP SUBTT16257, A CONDOMINIUM SUBDIVISION OF ONE LOT, AND THE RELATED TREE REMOVAL PERMIT DRC2001-00567, FOR 340 APARTMENTS ON 24.2 ACRES OF LAND IN THE MEDIUM RESIDENTIAL DISTRICT (8-14 DWELLING UNITS PER ACRE), ETIWANDA SOUTH OVERLAY DISTRICT, AND ETIWANDA AVENUE OVERLAY DISTRICT WITHIN THE ETIWANDA SPECIFIC PLAN, LOCATED ON THE WEST SIDE OF ETIWANDA AVENUE, NORTH OF FOOTHILL BOULEVARD AND MAKING FINDINGS IN SUPPORT THEREOF - APNs: 227-211-02, 04, 05, 09, 10, 15, 20, 29 AND A PORTION OF 17 RESOLUTION NO. 02-072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE ACTION OF THE PLANNING COMMISSION AND APPROVING CONDITIONAL USE PERMIT NO. DRC2001-00557 TO CONSTRUCT 340 APARTMENTS ON 24.2 ACRES OF LAND IN THE MEDIUM RESIDENTIAL DISTRICT (8-14 DWELLING UNITS PER ACRE), ETIWANDA SOUTH OVERLAY DISTRICT, AND ETIWANDA AVENUE OVERLAY DISTRICT WITHIN THE ETIWANDA SPECIFIC PLAN, LOCATED ON THE WEST SIDE OF ETIWANDA AVENUE, NORTH OF FOOTHILL BOULEVARD AND MAKING FINDINGS IN SUPPORT THEREOF - APNs: 227-211-02, 04, 05, 09, 10, 15, 20, 29 AND A PORTION OF 17 ACTION: NO ACTION TAKEN DUE TO WITHDRAWL OF APPEAL. F2. CONSIDERATION OF A RESOLUTION ADOPTING THE UPDATED GENERAL CITY MASTER PLAN OF DRAINAGE REPORT AND APPROVAL OF A RESOLUTION ESTABLISHING AN UPDATED DRAINAGE IMPROVEMENT FEES FOR ALL DEVELOPMENT WITHIN THE GENERAL CITY LOCAL DRAINAGE AREA Staff report presented by Joe O'Neil, City Engineer. Mayor Alexander opened the meeting for public hearing. Addressing the City Council were: Frank Williams, BIA, stated he had requested the Council have a workshop on this item. He stated some of his members are for this and some are against it. He stated Bob Neufeld of CCWD told him he felt it was odd that they were not involved in the development of the plan. He stated he would like an accounting of the money collected. He stated he wondered if any of the Measure I money that Mr. Kettle spoke on earlier should be backed out of this amount. He again suggested there be a workshop on this before it is approved. He stated they want to pay their fair share, but want to make sure it is the correct, fair share. He suggested this be continued for 30 days to allow time for the workshop to occur. Mayor Alexander asked about the adoption timeframe and effective timeframe. William Curley, Assistant City Attorney, stated if the Council goes forward and adopts this tonight, it would take effect in 60 days allowing the Council the time to have their workshop, but added that if they make any changes within the 60 day period, the clock would start ticking all over again for another 60 days. City Council Minutes March 20, 2002 Page 1.4 John Lyons felt Frank Williams should come in and look at the information if he has questions. He didn't feel funds should be spent to conduct the workshop. There being no further input, the public hearing was closed. Councilmember Biane stated he would be abstaining from voting on this matter because he owns property within this area. Councilmember Williams felt a workshop should occur, but wondered how people should be made aware of this. She felt workshops are very beneficial to people and felt this item should be continued. Councilmember Dutton stated he agreed with the workshop idea and had no problem continuing this. Councilmember Williams stated she has no problem with CCWD participating in this. Mayor Alexander stated he feels Frank Williams does not trust the City Council. Councilmember Dutton pointed out this is mostly in the industrial area. RESOLUTION NO. 02-061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING UPDATED DRAINAGE IMPROVEMENT FEES (FOR CALENDAR YEAR 2002) FOR ALL DEVELOPMENTS WITHIN THE GENERAL CITY LOCAL DRAINAGE AREA OF THE CITY OF RANCHO CUCAMONGA RESOLUTION NO. 02-062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE UPDATED GENERAL CITY AREA MASTER PLAN OF DRAINAGE REPORT MOTION: Moved by Dutton, seconded by Williams to continue the public hearing until April 17, 2002, 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive, Rancho Cucamonga, California, in order for a workshop to occur with representatives from the BIA, CCWD and property owners involved prior to the Council considering this matter. Councilmember Curatalo stated she agreed with the workshop. Motion carried 3-1-0-1 (Alexander voted no and Biane abstained). G. PUBLIC HEARINGS No Items Submitted. H. CITY MANAGER'S STAFF REPORTS No Items Submitted. City Council Minutes Mamh 20, 2002 Page [5 I. COUNCIL BUSINESS I1. PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE Councilmember Williams talked about the Library Telethon and encouraged everyone to donate to this worthwhile cause. Kevin McArdle, Community Services Director, was asked to comment on the Ralph M. Lewis Park. He stated it is close to being completed and commented what it meant to the community. ACTION: Report received and filed. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC No communication was made from the public. L. ADJOURNMENT MOTION: Moved by Biane, seconded by Dutton to recess to closed session to continue with the closed session agenda. The meeting adjourned at 8:47 p.m. Closed session adjourned at 9:45 p.m. at indicated above. Respectfully submitted, City Clerk Approved: April 3, 2002