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HomeMy WebLinkAbout2003/05/07 - Minutes May 7, 2003 CITY OF RANCHO CUCAMONGA CITY COUNCIL CLOSED SESSION MINUTES Il A. CALLTO ORDERII Tho Rancho Cucamonga City Council hold a closed session on WodnesOay, May 7, 2003, in tho lapia Room of tho Civic Center located at 10500 Civic Center Drive, Rancho Gucamonga, California. The mooting was called to order at 5:30 p.m. by Mayor William d. Alexander. Present were Gouncilmembers: Rex Gutiorrez, Robert J. Howdyshell, Donald d. Kurth, M.D., and Diane Williams and Mayor William O. Alexander. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Joe O'Neil, City Engineer; George Rivera, Administrative Services Manager; Larry Temple, Administrative Services Director; and Pamela Easter, Deputy City Manager. II B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) I Mayor Alexander announced the closed session items. B1. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF CHURCH STREET AND ETIWANDA AVENUE FOR THE CONSTRUCTION OF THE EXTENSION OF CHURCH STREET AND THE WIDENING OF THE CHURCH STREET-ETIWANDA AVENUE INTERSECTION; JOE O'NEIL, CITY ENGINEER, AND VICTORIA ARBORS, LLC, NEGOTIATING PARTIES, REGARDING TERMS OF AGREEMENT - CITY B2. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF BASE LINE ROAD, EAST OF VICTORIA PARK LANE, FOR THE WIDENING OF BASE LINE ROAD; JOE O'NEIL, CITY ENGINEER, AND VICTORIA ARBORS, LLC, NEGOTIATING PARTIES; REGARDING TERMS OF AGREEMENT - CITY B3. LABOR NEGOTIATIONS PER GOVERNMENT CODE SECTION 54957.6 TO GIVE GEORGE RIVERA, ADMINISTRATIVE SERVICES MANAGER, PAMELA EASTER, DEPUTY CITY MANAGER, AND LARRY TEMPLE, ADMINISTRATIVE SERVICES DIRECTOR, DIRECTION IN REGARDS TO THE MEET AND CONFER PROCESS - CITY ][ C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) [ No one was present to comment on the closed session items. City Council Minutes May 7, 2003 Page 2 Il D. CONDUCT OF CLOSED SESSION I Closed session began at 5:35 p.m, The closed session recessed at 6:40 p.m. with no action taken. CiTY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meetinq A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, May 7, 2003, 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 7:10 p.m. Present were Councilmembers: Rex Gutierrez, Robert J. Howdyshell, Donald J. Kurth, M.D., Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Linda D. Daniels, RDA Director; Flavio Nunez, RDA Analyst; James C. Frost, City Treasurer; Larry Temple, Administrative Services Director; Lorraine Phong, Information Systems Analyst; Shelly Munson, Information Systems Specialist; Joe O'Neil, City Engineer; Bob Zetterberg, Integrated Waste Coordinator; Brad Buller, City Planner; Nancy Fong, Sr. Planner; Tom Grahn, Associate Planner; Kevin McArdle, Community Services Director; Paula Pachon, Management Analyst III; Dave Moore, Recreation Superintendent; Francie Martindale, Marketing Manager; Deborah Clark, Library Director; Captain Pete Ortiz and Sandy Fatland, Rancho Cucamonga Police Department; Fire Chief Dennis Michael and Battalion Chief Peter Bryan, Rancho Cucamonga Fire Protection District; Michelle Dawson, Management Analyst III; Kimberly Thomas, Management Analyst II; Shirr'l Griffin, Office Specialist II - City Clerk's Office; and Debra J. Adams, City Clerk. Il B. ANNOUNCEMENTS/PRESENTATIONS [ B1. Presentation of a Proclamation declaring the week of May 12-16, 2003 as "Business Appreciation Week." Mayor Alexander presented the Proclamation to David Neaulty, President of the Chamber of Commerce. Mr. Neaulty informed everyone about upcoming Chamber events. City Council Minutes May 7, 2003 Page 3 B2. Presentation of a Proclamation declaring May as "Water Awareness Month." Mayor Alexander presented the Proclamation to James Curatalo, Jr., Director on the Cucamonga County Water District Board, and Wyatt Troxel, Director of IEUA.. B3. Presentation of a Proclamation to Champion Rescue Products for the donation of a Mini-Spreader Hydraulic Rescue Tool. Mayor Alexander, assisted by Battalion Chief Peter Bryan, presented the Proclamation to Mr. Patton of Champion Rescue Products. Chief Bryan stated the City is very appreciative of the lifesaving equipment donation. B4. Presentation on "Every 15-Minutes." This item was introduced by Captain Pete Ortiz of the Police Department. He commented this program will not be cut due to budget challenges for next year. Sandy Fatland, Crime Prevention unit for the Police Department, told about this program. She stated they worked with Rancho Cucamonga High School this year. A video was shown on the "Every 15 Minutes" program that had taken place at Rancho Cucamonga High School. Councilmember Kurth thanked the staff and students that participated in this program. He stated this was so realistic and felt everyone did a good job that was involved. Councilmember Williams stated she had attended the program that was held at Etiwanda High School a few years ago and felt it was a wonderful program. l{ c. PUBLIC COMMUNICATIONS C1. Steve Jennings, Co-Chair of Rancho Recall, stated they are citizens upset that their right to vote was taken away from them. He stated their recall petitions are on-line at www.ranchorecall.org and can be returned to P.O. Box 2641, Rancho Cucamonga 91729. He added they want to be able to vote on who runs their government and felt an election is the only way this can be resolved. He felt this was their right, which was stolen from them, and added they want it back. C2. Rudy Jaramillo, Rancho Recall, stated they are available tonight if anyone wants to sign the recall petitions. He stated they have the right to vote for the people that represent them. He stated Mr. Howdyshell, being in the military, was to defend the rights of the people and they felt that is what this recall is for. He asked the City Council to sign the petition and asked them to support their cause. C3. Genevieve DeBarge made a correction pertaining to her comments made at the last meeting regarding Councilmember Kurth. C4. Samantha Reed stated she is glad the "Every 15 Minutes" program will continue and commented how valuable she felt it was. She thanked everyone involved with the program. 05. BB Massaquoi talked about how his rent has increased. He asked if there is anything the City can do to make it more affordable to live here and if the Council could help them. City Council Minutes May 7, 2003 Page 4 Mayor Alexander suggested he talk with Brad Buller, City Planner, or Trang Huynh, Building Official, to see if they can help him. C6. Mervyn Tapsfield wanted to thank the Council for supporting the "Every 15 Minutes" program. He stated even though this was staged, it really appeared to be real. He was glad to see this program will be continuing. He thanked the Council and Sheriff's Department for supporting this program. 07. Leslie Grimes talked about an article in the newspaper that stated developers are what make a community what it is. She stated she disagreed with that and felt it was the farmers that made it what it is. She talked about the report by the Center for Governmental Services (cgs.gov) and asked that the Council read it. She stated she is not against all developers, but is against a project like the Colonies. 08. John Lyons of Rancho Recall asked everybody to continue supporting the troops. He felt the first responders to emergencies should be recognized better. He told everyone to shop Rancho Cucamonga. He stated he has the recall petitions for anyone to sign. He stated it is downloadable at ranchorecall.org, and added the P.O. Box is 2641, Rancho Cucamonga 91729 - phone number is 980-0935. He stated they will be at shopping centers and going door-to-door, including visiting the parks. C9. Pauline Dean wanted to thank the young people for participating in the "Every 15 Minutes" program. She told about her experiences working in the emergency room and felt everyone should see the video shown tonight. C10. Marilyn Miller, Assistant Principal at Rancho Cucamonga High School, thanked the City and the Sheriff's Department for the "Every 15 Minutes" program. She felt it had a great impact on the students. She stated the students got a lot out of seeing the Police Department in a different environment. She stated it had a great impact on the parents as well because they had to write their child's obituaries. She added it was emotionally draining for the parents. She stated the students are still talking about this and that the video was shown to them before prom as a reminder about drinking and driving. Cll. Carol Douglas, representative of volunteers for this program, stated it was an honor to be part of this. She stated this program is inspiring and has quite an effect on everyone. O12. Jim and Gwyn Frost stated two previous Treasurers of the City were lost last week - Buster Felpi and Betty McNay. They also talked about their involvement with the incorporation of the City. They also mentioned Jack McNay's involvement with the incorporation, and mentioned an essay Jack had prepared years ago. C13. Melanie Ingram echoed John Lyons's comments about supporting the military. She stated the petition format is certified and appreciated the City Clerk's objectivity in this process. She talked about what she has heard about Governor Davis' recall effort. She mentioned she has written Mr. Markman to retease the attorney client privilege on information about Councilmember Gutierrez's conflict of interest, but added that Mr. Markman cannot do it. She stated she would be writing Councilmember Gutierrez to ask him to release the attorney client privilege on the information. She stated their committee is hearing there is a big political machine behind them and the recall, but clarified this is incorrect. D. COUNCIL COMMUNICATIONS D1. Councilmember Gutierrez stated he has met with Nicole Myerchin regarding the "no kill" animal shelter and felt this was a worthwhile goal. He stated he met with some residents on Ashton Place regarding traffic flow in their area. He felt schools need to be spread out more to help this problem. He City Council Minutes May 7, 2003 Page 5 stated he went to the Etiwanda Historical Society's Mothers Day Tea and commended them for the great event. He stated he appreciates the efforts of those involved in the "Every 15 Minutes" program. He commented that the constitution does allow the Council to appoint someone if there is a vacancy and that it is legal to do this. He stated the affordable rent issue is also very important to him. D2. Councilmember Howdyshell stated he and Councilmember Kurth attended a League of Cities meeting for new Councilmembers and that they also attended legislative sessions on issues the City is interested and concerned with. He stated he attended a water awareness event at CCWD and commented on the programs they have that can help residents with their watering needs at home. He added he was able to present a Proclamation to Steven Bello who received his Eagle Scout. D3. Councilmember Williams stated she attended a breakfast where Supervisor Fred Aguiar spoke about the County's budget. She stated she also heard Senator Brulte speak about the state's budget. She told about a program at the library relating to adult literacy and how important it is to the people that participate. She commented she had attended Library Legislative Days in Sacramento with Deborah Clark, Library Director, and two high school students, Victoria Booker and Daniel Huh. She stated they were all lobbying the legislators not to cut library funding. Victoria Booker, teen trustee for the library, stated she spoke to Senator Brulte and Assemblyman Longville about the library's budget and how great the experience of going on this trip was for her. D4. Councilmember Kurth stated he spent last week trying to get some money back for our City. He stated he loved serving on the CCWD Board and is enjoying his work on the City Council. He stated he has enjoyed working with Carol Douglas and the volunteers. He talked about various legislators he has spoken to regarding Rancho Cucamonga's budget needs, mentioning a meeting he had with Congressman Dreier asking him for help. He commented on the "Every 15 Minutes" program and the impression it has on him. I[ E. CONSENT CALENDAR I El. Approval of Minutes: April 2, 2003 April 8, 2003 (Special Meeting) April 16, 2003 E2. Approval of Warrants, Register April 10 thru April 28, 2003, and Payroll ending April 28, 2003, for the total amount of $1,568,603.85. E3. Approval to authorize the advertising of the "Notice Inviting Bids" for Rochester Avenue, north of Highland Avenue, and Haven Avenue, north of 19th Street, Landscaping Project, to be funded from Acct. No. 11103165650/1339110. RESOLUTION NO. 03-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS FOR THE "ROCHESTER AVENUE, NORTH OF HIGHLAND AVENUE, AND HAVEN AVENUE, NORTH OF 19TM STREET, LANDSCAPING PROJECT" IN SAID CITY City Council Minutes May 7, 2003 Page 6 E4. Approval to appropriate to the Community Services Department's FY 02/03 Recreation Fund Maintenance and Operations Acct .(12504015200) $7,000 and Contract Services Acct. (12504015300) $35,000 and Revenue Acct. (125000004520) $50,000 for the City's Silver Anniversary Event. E5. Approval of a Resolution authorizing the abandonment of the City of Rancho Cucamonga Community Facilities District No. 99-1 (Central Park), and rescinding Resolution Nos. 00-016 and 00- 017. RESOLUTION NO. 03-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE ABANDONMENT OF THE CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 99-1 (CENTRAL PARK) AND RESCINDING RESOLUTION NOS. 00-016 AND 00-017 E6. Approval of a Grant of Easement to Southern California Edison Company for the Rule 20A Utility Underground Project along Base Line Road between Deer Creek Channel and Milliken Avenue. RESOLUTION NO. 03-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE GRANT OF EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY E7. Approval to adopt Resolution approving records retention schedule additions and amendments for the Risk Management and Engineering (Traffic/Design) Divisions. RESOLUTION NO. 03-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING RECORDS RETENTION SCHEDULE ADDITIONS AND AMENDMENTS FOR VARIOUS CITY DEPARTMENTS AND DIVISIONS ES. 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 applicable legal citations. RESOLUTION NO. 03-106 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 E9. Approval of termination of Owner Participation Agreement executed on July 5, 1991 (CO 91-039/RA 91-007), Instrument No. 93-479540, generally located on the southwest corner of Foothill Boulevard and 1-15 Freeway. El0. Approval of Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for DR02002-00218, located on the west side of Santa Anita Avenue, 1000 feet north of 4th Street, submitted by Ridge Santa Anita Partners, LLC. City Council Minutes May 7, 2003 Page 7 RESOLUTION NO. 03-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DRC2002-00218 RESOLUTION NO. 03-108 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 DRC2002-00218 Ell. Approval of Map, Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 8 and street Lighting Maintenance District Nos. 1 and 8 for Tract 16302, located on the northeast corner of Smokestone Street and Mulberry Street, submitted by APH RC 23, LLC. RESOLUTION NO. 03-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 16302, IMPROVEMENT AGREEMENTS AND IMPROVEMENT SECURITIES RESOLUTION NO. 03-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 8 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 8 FOR TRACT MAP NUMBER 16302 E12. Approval to award and execution of Professional Services Agreement (CO 03-033) to MDS Consulting for the design of Community Facilities District 2001-01 infrastructure improvements, landscaping portion for Phases A and B, generally located north of Foothill Boulevard, south of Base Line Road, east of Day Creek Channel and west of Etiwanda Avenue to be funded from NC 1612-3035300 (Fund 612-CFD 2001-01) in the amount of $206,900.00 ($188,100.00 plus 10% contingency). E13. Approval of a Professional Services Agreement with C.W. Driver Contractors (CO 03-034) for Central Park Phase 1 Construction Management Services and approval of a budget appropriation in the amount of $365,750 ($332,500 plus 10% contingency) to be funded from Park Development Fund Acct. No. 11203055300. E14. Approval to accept the bids, award and authorize the execution of the contract in the amount of $321,843.39 ($292,584.90 plus 10% contingency) to the apparent Iow bidder, R.J. Noble Company, for the Banyan Street Widening from Rochester Avenue to 2000' west, to be funded from Measure "l" funds, Acct. No. 11763035650/1407176-0. E15. Approval to release the Maintenance Guarantee Bond for CUP 97-03, located on the southwest corner of San Bernardino Road and Red Hill Country Club Drive, submitted by Ralph Olivas. E16. Approval to release the Maintenance Guarantee Bond for DR 00-76, located on Sixth Street, west of Cleveland, submitted by Khosro Khaloghli. City Council Minutes May7,2003 Page 8 E17. Approval to accept Improvements, release the Faithful Performance Bond, and file a Notice of Completion for improvements for CUP 99-26, submitted by Western Land Properties, a California Limited Partnership, located on the southeast corner of Haven Avenue and Town Center Drive. RESOLUTION NO. 03-111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CUP 99-26 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E18. Approval to release the Maintenance Bond for DR 99-32, located on the south side of Base Line Road, east of Amethyst Avenue, submitted by Sunrise Rancho Cucamonga Assisted Living, LLC. E19. Approval to accept Improvement, release the Faithful Performance Bond, and file a Notice of Completion for Improvements for DR 00-70, submitted by F & F Simon Rancho Tech, LLC, located on the southeast corner of Sixth Street and Utica Avenue. RESOLUTION NO. 03-112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 00-70 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E20. Approval to accept Improvements, accept the Faithful Performance Bond as a Maintenance Bond, and file a Notice of Completion for improvements for Parcel Map 15579, submitted by the Price Company, a California Corporation, located on the north side of Fourth Street, east of Buffalo Avenue. RESOLUTION NO. 03-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 15579 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E21. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for the improvements for Tract 14120, submitted by Carriage Estates, LLC, located on the south side of Vintage Drive, west of Etiwanda Avenue. RESOLUTION NO. 03-114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 14120 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E22. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for improvements for Tract 14120-3, submitted by Carriage Estates, LLC, located on the south side of Summit Avenue, west of Etiwanda Avenue. RESOLUTION NO. 03-115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 14120-3 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Kurth, seconded by Howdyshell to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 5-0. City Council Minutes May 7, 2003 Page 9 I[ F. CONSENT ORDINANCES Fl. GONSIDERATION OF SEGOND AMENDMENT TO DEVELOPMENT AGREEMENT (DA 00-02) DRC2003-00157 - RANCHO ETIWANDA 685 LLC. - A request to modify the Development Agreement regarding the timing of construction of specific infrastructure improvements, generally located norih of Interstate 210 between Hanley Avenue and Day Creek Channel - Tentative Tract Maps 14492-14498, 14522, 14523, 15838, and 15902. Debra J. Adams, City Clerk, read the title or Ordinance No. 705 ORDINANCE NO. 705 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE SECOND AMENDMENT TO DEVELOPMENT AGREEMENT 00-02 (DRC2003- 00157), A DEVELOPMENT AGREEMENT BETVVEEN THE CITY OF RANCHO CUCAMONGA AND RANCHO ETIWANDA 685, LLC FOR THE PURPOSE OF MODIFYING THE DEVELOPMENT AGREEMENT REGARDING THE TIMING OF THE CONSTRUCTION OF SPECIFIC INFRASTRUCTURE IMPROVEMENTS FOR PROPERTY GENERALLY LOCATED NORTH OF iNTERSTATE 210, EAST OF HANLEY AVENUE AND WEST OF DAY CREEK CHANNEL - TENTATIVE TRACT MAPS 14493 THROUGH 14498, 14522, 14523, 15838 AND 15902 MOTION: Moved by Howdyshell, seconded by Kur'[h to waive full reading and approve Ordinance No. 705. Motion carried unanimously 5-0. F2. CONSIDERATION OF VICTORIA COMMUNITY PLAN AMENDMENT DRC2002-00916 AMERICAN BEAUTY DEVELOPMENT CO. - The consideration of a request to amend the Victoria Community Plan by modifying the condition requiring on-site recreational vehicle parking within the community plan boundary. Debra J. Adams, City Clerk, read the title of Ordinance No. 706. ORDINANCE NO. 706 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, APPROVING VICTORIA COMMUNITY PLAN AMENDMENT DRC2002-00916, A REQUEST TO AMEND THE VICTORIA COMMUNITY PLAN BY MODIFYING THE CONDITION REQUIRING ON-SITE RECREATIONAL VEHICLE PARKING WITHIN THE COMMUNITY PLAN BOUNDARY, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Howdyshell, seconded by Kurth to waive full reading and approve Ordinance No. 706. Motion carried unanimously 5-0. [[ a. ADVERTISED PUBLIC HEARINGS I City Council Minutes May7,2003 Page l0 Gl. CONSIDERATION OF THE ANNUAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING ALLOCATIONS FOR FISCAL YEAR 2003-2004 - A review of the federally required Consolidated Plan Annual Action Plan for Fiscal Year 2003-2004, including the final selection of projects for the CDBG annual application, based on a new grant allocation of $1,170,000. Staff report presented by Tom Grahn, Associate Planner. Councilmember Gutierrez inquired about the amount for Rising Stars and Hope Through Housing. Tom Grahn, Associate Planner, stated it is $3,000 for Rising Stars and $5,000 for Hope Through Housing. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. MOTION: Moved by Howdyshell, seconded by Kurth to approve the staff recommendation. Motion carried unanimously 5-0. G2. CONSIDERATION OF A PROPOSED AMENDMENT TO THE 2002-2003 ANNUAL ACTION PLAN - A proposed amendment to the 2002-2003 Annual Action Plan to increase the level of funding to a historic preservation activity funded through the Community Development Block Grant (CDBG) program. Staff report presented by Tom Grahn, Associate Planner. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. Councilmember Kurth thanked staff for meeting with he and Councilmember Howdyshell regarding this. MOTION: Moved by Howdyshell, seconded by Kurth to approve the staff recommendation. Motion carried unanimously 5-0. G3. FIRST AMENDMENT TO DEVELOPMENT AGREEMENT 01-02 - FOREST CITY DEVELOPMENT - A request to amend the Development Agreement for the Victoria Gardens Regional Center to establish a 30-foot height maximum limit for parking lot and private street light poles - APN: 0227-161-48 and 49, 0227-171-36; 0227-201-35 and 45 thru 48; and 0227-211-30 and 39 thru 43. Staff report presented by Brent LeCount, Associate Planner. Councilmember Williams wanted to make sure this is not a "blanket permission slip", and that all of these will be looked at on a case-by-case basis to be sure they do not impose on surrounding housing or activities where the lights may be a problem. Brent LeCount, Associate Planner, stated that is correct. Mayor Alexander opened the meeting for public hearing. Addressing the City Council was: Leslie Grimes inquired about the height limit and asked what the need would be for 30'. Brad Buller, City Planner, stated the only place they will be that height is on the south side of the project. Leslie Grimes asked why they need this. Brad Buller, City Planner, stated it is at the request of the major tenant and that this was agreed upon. Mayor Alexander stated it is because of security also which is mentioned in the report. City Council Minutes May 7, 2003 Page 11 Leslie Grimes asked about the housing element for the Victoria Arbors project and asked where will they go to school. Brad Buller, City Planner, stated there is a new school proposed. There being no further comment, the public hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 707 ORDINANCE NO. 707 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO. 01-02, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND VICTORIA GARDENS-C, LLC, TO ESTABLISH A HEIGHT LIMIT OF 30 FEET FOR LIGHT POLES FOR THE VICTORIA GARDENS REGIONAL CENTER, A DEVELOPMENT OF APPROXIMATELY 2.45 MILLION SQUARE FEET OF RETAIL, OFFICE, AND CIVIC USES, AS WELL AS 600 MULTIPLE FAMILY RESIDENTIAL UNITS, ON APPROXIMATELY 175 ACRES OF LAND; THE PROJECT SITE IS WITHIN THE CITY BOUNDARY AND THE VICTORIA COMMUNITY PLAN, GENERALLY BOUNDED BY FUTURE CHURCH STREET TO THE NORTH, FOOTHILL BOULEVARD TO THE SOUTH, THE 1-15 FREEWAY TO THE EAST, AND THE FUTURE DAY CREEK BOULEVARD TO THE WEST, AND MAKING FINDINGS IN SUPPORT THEREOF- APN: 0227-161-48 AND 49; 0227-171-36; 0227-201-35 AND 45 THRU 48; AND 0227-211- 30, AND 39 THRU 43 MOTION: Moved by Kurth, seconded by Williams to waive full reading and set second reading of Ordinance No. 707 for May 21,2003. Motion carried unanimously 5-0. No Items Submitted. I. CITY MANAGER'S STAFF REPORTS I1. UPDATE ON REVISED NPDES (NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM} REGULATIONS (Oral) Staff report presented by Joe O'Neil, City Engineer. A power point presentation was also presented which is on file in the City Clerk's office. Councilmember Williams stated she is concerned about the horse riding people that do not clean up after their horses. City Council Minutes May 7, 2003 Page 12 Joe O'Neil, City Engineer, stated they do work with the Alta Loma Riding Club and the trash companies to help keep things cleaned up. ACTION: Report received ad filed. J. COUNCIL BUSINESS Jl. CONSIDERATION TO DESIGNATE A VOTING DELEGATE TO THE SPECIAL MEETING (MAY 15) OF THE LEAGUE OF CALIFORNIA CITIES GENERAL ASSEMBLY Staff report presented by Jack Lam, City Manager. He stated staff suggests that Councilmember Williams be named the voting delegate and Michelle Dawson, Management Analyst Ill, be designated as the alternate. MOTION: Moved by Kurth, seconded by Gutierrez to approve staff's recommendation. Motion carried unanimously 5-0. J2. LEGISLATIVE UPDATE (Oral) Councilmember Williams commented on testifying in Sacramento regarding AB 1221. She stated this will take away Ye of the City's sales tax revenue without having to go to a vote of the people. She stated this is very depressing because the City may not get all of its revenue they were expecting from the mall. She stated the local BIA is very supportive of the City's position, but stated the state BIA feels there is not enough housing being built and they are supporting the author of this bill. Mayor Alexander suggested the local BIA send a representative and go to Sacramento with the City to help fight this. II K. IDENTIFICATION OF ITEMS FOR THE NEXT MEETING [ K1. Councilmember Williams asked when the sound study for the freeway would be ready. Joe O'Neil, City Engineer, stated probably late June because of trying to accommodate everyone that wanted their property tested. Councilmember Williams asked if this would go to the Route 30 Task Force when the study is completed. Joe O'Neil, City Engineer, stated yes. Councilmember Williams stated she wanted to make sure everything in the agreements has been done before the City signs off on the freeway. Joe O'Neil, City Engineer, stated they will be preparing a summary for the Council's review. City Council Minutes May 7, 2003 Page 13 L1. Leslie Grimes stated she is pleased what the Santa Ana Regional Water Board is doing by making sure the City is accountable. Mayor Alexander stated she should come in and learn more about the bill. L2. Melanie Ingram stated she agrees with Leslie Grimes. She stated she disagreed with Councilmember Gutierrez's comments about appointing people to the City Council. She stated a friend of hers, who is a constitutional attorney, stated the appointment process should be used with discretion and due care and should not take the place of the election process. MOTION: Moved by Williams, seconded by Gutierrez to adjourn. Motion carried unanimously 5-0. The meeting adjourned at [t:55 p.m. Respectfully submitted, City Clerk Approved: May 21st, 2003