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HomeMy WebLinkAbout2003/05/21 - Minutes May 21,2003 CITY OF RANCHO CUCAMONGA CITY COUNCIL CLOSED SESSION MINUTES [[ A. CALL TO ORDER The Rancho Cucamonga City Council held a closed session on Wednesday, May 21, 2003, in the Tapia Room of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:30 p.m. by Mayor William J. Alexander. Present were Councilmembers: Rex Gutierrez, Robert J. Howdyshell, Donald J. Kurth, M.D., Diane Williams and Mayor J. Alexander. Aisc present were: Jack Lam, City Manager; James Markman, City Attorney; George Rivera, Administrative Services Manager; Larry Temple, Administrative Services Director; Joe O'Neil, City Engineer and Pamela Easter, Deputy City Manager. I] B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) I Mayor Alexander announced the closed session item. B1. LABOR NEGOTIATIONS PER GOVERNMENT CODE SECTION 54957.6 TO GIVE GEORGE RIVERA, ADMINISTRATIVE SERVICES MANAGER, PAMELA EASTER, DEPUTY CITY MANAGER, AND LARRY TEMPLE, ADMINISTRATIVE SERVICES DIRECTOR, DIRECTION IN REGARDS TO THE MEET AND CONFER PROCESS - CITY B2. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) TO DISCUSS ADDITIONAL SETTLEMENT AUTHORITY ON THE MARTHA RODRIGUEZ PERSONAL INJURY LAWSUIT TITLED RODRIGUEZ VS. CITY OF RANCHO CUCAMONGA, SAN BERNARDINO COUNTY SUPERIOR COURT CASE NO. RCV 061309 - CITY B3. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED SOUTH OF FOOTHILL BOULEVARD, WEST OF I-15, GARY SAFADY, O&S HOLDINGS, AND JOE O'NEIL, CITY ENGINEER, NEGOTIATING PARTY, REGARDING TERMS OF AGREEMENT - CITY I] C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) I No one was present to comment on the closed session item. City Council Minutes May 21,2003 Page 2 II II Closed session began at 5:35 p.m. The closed session recessed at 6:53 p.m. with no action taken. CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meetinf:l II A. CAi i o I A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, May 21,2003, 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 7:22 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; James C. Frost, City Treasurer; Larry Temple, Administrative Services Director; Tamara Layne, Finance Officer; Dawn Haddon, Purchasing Manager; Sid Siphomsay, Information Systems Analyst; Michael Toy, Information Systems Specialist; Joe O'Neil, City Engineer; Mike TenEyck, Management Analyst III; Brad Buller, City Planner; Emily Wimer, Assistant Planner; Trang Huynh, Building Official; Kevin McArdle, Community Services Director; Francie Martindale, Marketing Manager; Captain Pete Ortiz, Rancho Cucamonga Police Department; Fire Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Kimberly Smith, Fire Administrative Resource Manager, Rancho Cucamonga Fire Protection District; Robin Brock, FMIS Technician, Rancho Cucamonga Fire Protection District; Kimbedy Thomas, Management Analyst II; Kathy Scott, Deputy City Clerk; and Debra J. Adams, City Clerk. II B. ANNOUNCEMENTS/PRESENTATIONS Il B1. Presentation of a Proclamation in recognition of Emergency Medical Services (EMS) Week, May 18 - 24, 2003. Mayor Alexander presented the Proclamation to Stephanie Rasmussen, EMS Coordinator. B2. Presentation of highlights of the City's Silver Anniversary Celebration held May 10, 2003. A power point presentation was given by Francie Martindale, Marketing Manager, which is on file in the City Clerk's office. City Council Minutes May 21,2003 Page 3 B3. ADDED ITEM. Presentation of an educational video on the State's budget crisis. Jack Lam, City Manager, talked about the State's budget crisis. A video was shown providing more information. C. PUBLIC COMMUNICATIONS C1. Jim Frost, City Treasurer, talked about the video just shown and continued to talk about the history of property taxes including the inception of Proposition 13. He stated Rancho Cucamonga does not collect 16% of property taxes as most cities do. He stated Rancho Cucamonga is a "no and Iow property tax" City. He commented on how far Rancho Cucamonga has come in its EMS services. He commended the City staff for the 25~h anniversary event and also mentioned former Councilmember Charlie West was a[so present. C2. Nacho Gracia, North Town Housing, wanted to thank the City for the Cinco de Mayo celebration that was planned, but got canceled due to rain. He added he appreciated the work of City staff. He also mentioned that the Olen Jones Senior Project is about 30% completed. C3. Mary Rocha, North Town Housing, thanked the City for their support of the North Town Housing programs. C4. Pauline Dean thanked the City for sending her to speak before the legislature on various issues relating to seniors. C5. Gwyn Frost thanked everyone for the 25tth anniversary event and stated how wonderful it was. She commented on the first City Council consisting of Jim Frost, Jon Mikels, Charles West, Mike Palombo and Phil Schlosser. C6. Rudy Jaramillo, with Rancho Recall, stated the petition effort has just started. He stated they can be found at www.ranchorecall.org. He stated this recall will allow people the right to vote and asked everyone to get involved. He stated the hotline number is 980-0935. C7. John Lyons, with Rancho Recall, stated he got a good response for the recall effort at the LeAnn Rimes concert. He stated they are getting about 40% of their petitions returned from the Internet. He encouraged everyone to mail them in to Rancho Recall, P.O. Box 2641, Rancho Cucamonga 91729. He stated their goal is to put this on the ballot to let the people decide. C8. Melanie Ingram stated they are receiving 40% return from of the petitions off of the Internet. She stated people are feadul of putting their name on the petition because of the potential for lack of confidentiality. She stated the County has put out a document on recalls, which talks about the privacy of the recall petitions. She stated they are not public record and that only the City Clerk and the Registrar of Voters can see them. She continued to comment on the state budget cuts. She also mentioned the Recall hats and sweatshirts they have for sale and stated these are available on the website. Councilmember Gutierrez inquired how many signatures they have collected. Melanie Ingram stated they are not announcing this at this time, but will when they get to a certain point. City Council Minutes May 21, 2003 Page 4 D1. Councilmember Gutierrez commented on the great 25th anniversary event and wished his whole family could have been there. He stated the City has not forgotten affordable housing and that there is a need for this. He thanked Chief Michael for hiring the nine fire fighters for the temporary fire station in north Etiwanda. He commented on the sound study results and hoped they would be available in June. He hoped that the animal shelter would become a "no kill" shelter. He stated there is a meeting being set up regarding the traffic problems in Etiwanda. He added he was appointed to the County's North Etiwanda Preserve Committee by the Board of Supervisors and that he attended his first meeting last week. He thanked the Scouts for inviting him to the Eagle Court of Honor. D2. Councilmember Howdyshelt commented on the League video. He stated he and Councilmember Williams sit on the Capital Improvement Subcommittee and that there will still be good things happening in the community even though the City is subjective to cuts in the general fund due to the State's budget situation. He added he attended a luncheon as part of the Telecommunications Subcommittee for RCTV and talked about the exciting things that are planned for the future. D3. Councilmember Williams echoed everything that was said about the 25th anniversary celebration. She congratulated everyone who participated in the Rotary Club's track meet held at Chaffey College on May 10. She commented on attending Legislative Days in Sacramento and hoped that legislators are hearing the City's cry not to take revenues from them. She commented on the MWD's water conservation program and that the Maloof Foundation received a $75,000 grant to help demonstrate these efforts at their home. D4. Councilmember Kurth commented on the wonderful 25th anniversary event. He stated Rancho Cucamonga has the best EMS program and fire service program in the area and felt everyone does a great job. He commented that the sound study is still ongoing. He thanked Chief Michael for his efforts towards the fire station in North Etiwanda. He commented that Victoria Gardens is moving along. He stated he was appointed by Supervisor Biane to serve on the Committee for Addiction Services for the County. He stated AB 1221 will take away part of the City's sales tax if it is approved and asked everyone to write to call Assemblyman Dutton asking him not to vote in favor of AB1221. Il E. CONSENT CALENDAR Il El. Approval of Minutes: May 7, 2003 E2. Approval of Warrants, Register April 29 through May 13, 2003, and Payroll ending May 13, 2003, for the total amount of $4,399,049.10. E3. Approve to receive and file current Investment Schedule as of April 30, 2003. E4. Approval of Amended Fiscal Year 2002/03 appropriations. E5. Approval to authorize the advertising of the "Notice Inviting Bids" for the Modification of Traffic Signals and Safety Lighting at Archibald Avenue and 19th Street to be funded from Account No. 11243035650/1286124-0. City Council Minutes May 21, 2003 Page 5 RESOLUTION NO. 03-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE MODIFICATION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT ARCHIBALD AVENUE AND 19TM STREET IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS E6. Approval of Parcel Map 15902, located on the northwest corner of Haven Avenue and Foothill Boulevard in the Virginia Dare Business Center, submitted by G & L Commercial, LLC, a California Limited Liability Company. RESOLUTION NO. 03-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 15902 E7. Approval of a request from the Christian Okoye Foundation for a Waiver of Fees and Charges for a Free Youth Football/Soccer Clinic at the Rancho Cucamonga Epicenter and Adult Sports Complex on May 31,2003. ES. Approval to accept the bids received and award and authorize the execution of the contract (CO 03-035) in the amount of $709,268.07 ($644,789.15 plus 10% contingency) to the apparent Iow bidder, Ruiz Engineering Company, for the FY 2002/2003 Local Street Rehabilitation - Overlay of Various Streets, to be funded from Measure I funds, Account No. 11763035650/1022176-0, and AB 2928 funds, Account No. 11823035650/1022182 and appropriate $117,917.07 to Account No. 11763035660/1022176-0 from Measure I Fund Balance. REMOVED FOR DISCUSSION BY COUNCILMEMBER WILLIAMS. E9. Approval to accept the bids received, award and authorize the execution of a contract in the amount of $81,729.50 (plus a 10% contingency of $8,172.95) between the City of Rancho Cucamonga and C-18 Incorporated (CO 03-036) of Beaumont, California, from Account No. 1025001-5300 for Citywide Street Name Sign Replacement, Phase I. REMOVED FOR DISCUSSION BY COUNClLMEMBER WILLIAMS. El0. Approval of Tidemark Advantage Software Maintenance Agreements (CO 03-037) with Accela fer the support period May 2003 - May 2004 in the amount of $24,684.47 from Account 1714-001-5300. Ell. Approval of a First Amendment to the Public Parking Facilities Ground Lease (CO 03-005 and RA 03-007) between Victoria Gardens Mall, LLC, the City of Rancho Cucamonga and Rancho Cucamonga Redevelopment Agency to increase size and location of the land for the public parking structures. E12. Approval of a First Amendment to the Public Parking Facility Operating Agreement (CO 03-010) between Victoria Gardens Mall, LLC, and the City of Rancho Cucamonga which identifies the size and location of the land for the public parking structures. E13. Approval of a Second Amendment to Disposition and Development Agreement 02-002 which identifies the size and scope of the proposed Cultural Arts Center and required parking for the Center. E14. Approval of the Environmental Enhancement and Mitigation (EEM) Program, Applicant-State Agreement No. 08-12-40, between the City of Rancho Cucamonga and the State of California Department of Transportation for the Metrolink Station Beautification. City Council Minutes May 21,2003 Page 6 RESOLUTION NO. 03-118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION (EEM) PROGRAM, APPLICANT- STATE AGREEMENT NO. 08-12-40, BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION E15. Approval to award and execution of Professional Services Agreement (CO 03-038) to Dan Guerra and Associates for engineering services, including engineering surveying and construction administration for the construction of the Community Facilities District infrastructure improvements, Phase lB of CFD 2001-01, 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) for the amount of $780,000.00 ($710,000.00 plus 10% contingency of $70,000.00). E16. Approval of a Professional Services Agreement (CO 03-039) with Dan Guerra & Associates, to provide construction survey services for the proposed Base Line Road and Milliken Avenue Street Improvements associated with Central Park, in the amount o! $37,950 ($34,500.00 plus 10% contingency), to be funded from Park Development Funds, Account No. 11203055300 and appropriate $37,950 from Fund Balance 120 (Park Development). E17. Approval to award and execution of Professional Services Agreement (CO 03-040) to RMA Group geotechnical and materials testing and inspection services for Phase lB of Community Facilities District 2001-01, 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) for the amount of $186,110.00 ($169,090.00 plus 10% contingency of $17,020.00). E18. Approval of the Master Agreement Administering Agency - State Agreement (CO 03-041) for State funded projects No. 000418 and Program Supplement Agreement No. 0871 Rev. 000 between the City of Rancho Cucamonga and the State of California for the proposed construction of Etiwanda Avenue Class I Bike Lane and Sidewalk Improvement Project from Victoria Avenue to 700 feet north. REMOVED FOR DISCUSSION BY COUNCILMEMBER WILLIAMS. RESOLUTION NO. 03-119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A MASTER AGREEMENT ADMINISTERING AGENCY - STATE AGREEMENT FOR STATE FUNDED PROJECTS, AGREEMENT NO. 000418 AND PROGRAM SUPPLEMENT AGREEMENT NO. 0871 REV. 000 BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE STATE OF CALIFORNIA FOR THE CONSTRUCTION OF ETIWANDA AVENUE CLASS I BIKE LANE AND SIDEWALK IMPROVEMENT PROJECT FROM VICTORIA AVENUE TO 700 FEET NORTH E19. Approval of a Reimbursement Agreement for frontage improvements, 6th Street Median Island landscaping from Utica Avenue to Cleveland Avenue, in con unction with the development of DR 00-70, located at the southeast corner of 6 h Street and Utica Avenue, submitted by F & F Simon Tech, LLC. RESOLUTION NO. 03-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT FOR FRONTAGE IMPROVEMENTS WITHIN THE DEVELOPMENT OF DR 00-70 City Council Minutes May 21,2003 Page 7 E20. 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 DRCDR00-17, located on the north side of Arrow Route, west of Day Creek Channel, submitted by Southern California Edison and Secured Equities Corporation. RESOLUTION NO. 03-121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DRCDR00-17 RESOLUTION NO. 03-122 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 DRCDR00-17 E21. Approval of Improvement Agreement, Improvement Securities and ordering the annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Ns. 1 and 6 for DRC2002-00728, located on the west side of Azusa Court, west of Milliken Avenue, submitted by Fullmer Construction. RESOLUTION NO. 03-123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR DRC2002-00728 RESOLUTION NO. 03-124 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 DRC2002-00728 E22. Approval of a Resolution of the City Council acting as the legislative body for Community Facilities District 2003-01, authorizing and providing for the issuance of bonds, approving the form of bond indenture, bond purchase agreement, preliminary official statement and other documents and actions in connection with issuance of bonds. REMOVED FOR SEPARATE VOTE AT THE REQUEST OF CITY ATTORNEY, JAMES MARKMAN. City Council Minutes May 21, 2003 Page 8 RESOLUTION NO. 03-125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AS THE LEGISLATIVE BODY OF CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2003-01, AUTHORIZING THE ISSUANCE OF CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2003-01, IMPROVEMENT AREA NO. 1 SPECIAL TAX BONDS, SERIES 2003-A, THE ISSUANCE OF CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2003-01, IMPROVEMENT AREA NO. 2 SPECIAL TAX BONDS, SERIES 2003-B, AND THE EXECUTION AND DELIVERY OF FISCAL AGENT AGREEMENTS, CONTINUING DISCLOSURE AGREEMENTS DISCLOSURE AGREEMENTS, A PURCHASE CONTRACT AND AN OFFICIAL STATEMENT AND APPROVING A PRELIMINARY OFFICIAL STATEMENT IN CONNECTION THEREWITH E23. Approval of a Resolution authorizing the location of a helistop on top of the police station (10510 Civic Center Drive). REMOVED FOR DISCUSSION AT THE REQUEST OF COUNCILMEMBER WILLIAMS. RESOLUTION NO. 03-126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE LOCATION OF A HELISTOP ON THE ROOF OF THE RANCHO CUCAMONGA POLICE STATION LOCATED AT 10510 CIVIC CENTER DRIVE E24. Approval of a Resolution authorizing the allocation of Juvenile Accountability Incentive Block Grant (JAIBG) funds administered by the Office of Criminal Justice Planning (OCJP) to the Regional Juvenile Enforcement Coalition (RJCEC). RESOLUTION NO. 03-127 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE ALLOCATION OF JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT (JAIBG) FUNDS ADMINISTERED BY THE OFFICE OF CRIMINAL JUSTICE PLANNING (OCJP) TO THE REGIONAL JUVENILE CRIME ENFORCEMENT COALITION (RJCEC) E25. Approval to accept Improvements, release the cash Faithful Performance Bond, retain $1,400.00 for a Maintenance Bond, and file a Notice of Completion for improvements for DRC2002-00820, submitted by Fairway Business Centre, LLC, located on the southwest corner of Milliken Avenue and Azusa Court. RESOLUTION NO. 03-128 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2002-00820 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK City Council Minutes May 21,2003 Page 9 E26. Approval to accept improvements, accept a Rider to be attached to the Faithful Performance Bond, as a Maintenance Bond, and file a Notice of Completion for improvements for DR 99-77, submitted by Cabot Industrial Properties, located n the southeast corner of Hermosa Avenue and Sixth Street. RESOLUTION NO. 03-129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 99-77 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E27. Approval to release Faithful Performance Bond No. 6151951 in the amount of $45,683.00, for the 8th Street Pavement Rehabilitation from Grove Avenue to Baker Avenue, Contract No. 02-008. E28. Approval to release Faithful Performance Bond No. 3419126 in the amount of $86,896.00, for the Base Line Road Pavement Rehabilitation from Lion Street to Hellman Avenue, Contract No. 02-009. E29. Approval to release an Improvement and Maintenance Agreement for a temporary retarding basin for Tract 12044, located south of Base Line Road and west of Etiwanda Avenue, submitted by Forest City Development. RESOLUTION NO. 03-130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RELEASING AN IMPROVEMENT AND MAINTENANCE AGREEMENT FOR A TEMPORARY RETARDING BASIN FOR TRACT 12044, SUBMITTED BY FOREST CITY DEVELOPMENT MOTION: Moved by Kurth, seconded by Williams to approve the staff recommendations in the staff reports contained within the Consent Calendar with the exception of items E8, E9, E18, E22 and E23. Motion carried unanimously 5-0. DISCUSSION OF ITEM E8. Approval to accept the bids received and award and authorize the execution of the contract (CO 03-035) in the amount of $709,268.07 ($644,789.15 plus 10% contingency) to the apparent Iow bidder, Ruiz Engineering Company, for the FY 2002/2003 Local Street Rehabilitation - Overlay of Various Streets, to be funded from Measure I funds, Account No. 11763035650/1022176-0, and AB 2928 funds, Account No. 11823038650/1022182 and appropriate $117,917.07 to Account No. 11763035650/1022176-0 from Measure I Fund Balance. Councilmember Williams stated she pulled this because she wanted to make sure everyone understands that you can call City Hall to find out when their street will be resurfaced. DISCUSSION OF ITEM E9. Approval to accept the bids received, award and authorize the execution of a contract in the amount of $81,729.50 (plus a 10% contingency of $8,172.98) between the City of Rancho Cucamonga and C-18 Incorporated (CO 03-036) of Beaumont, California, from Account No. 1025001-5300 for Citywide Street Name Sign Replacement, Phase I. Councilmember Williams asked that the street signs be consistent as they are replaced and used Base Line Road as an example stating that it should be spelled out as two words. DISCUSSION OF ITEM E18. Approval of the Master Agreement Administering Agency - State Agreement (CO 03-041) for State funded projects No. 000418 and Program Supplement Agreement No. 0871 Rev. 000 between the City of Rancho Cucamonga and the State of California for the proposed construction of Etiwanda Avenue Class I Bike Lane and Sidewalk Improvement Project from Victoria Avenue to 700 feet north. City Council Minutes May 21, 2003 Page 10 Councilmember Williams asked where the money is coming from. Joe O'Neil, City Engineer, stated it is from a state grant. DISCUSSION OF ITEM E23. Approval of a Resolution authorizing the location of a helistop on top of the police station (10510 Civic Center Drive). Councilmember Williams asked if any emergency helicopter will be able to use this. Duane Baker, Assistant to the City Manager, stated them are certain classes of helicopters that will be able to use this based on their size. MOTION: Moved by Williams, seconded by Howdyshell to approve items E8, E9, E18 and E23. Motion carried unanimously 5-0. DISCUSSION OF ITEM E22. Approval of a Resolution of the City Council acting as the legislative body for Community Facilities District 2003-01, authorizing and providing for the issuance of bonds, approving the form of bond indenture, bond purchase agreement, preliminary official statement and other documents and actions in connection with issuance of bonds. James Markman stated there should be a separate vote on this. MOTION: Moved by Kurth, seconded by Williams to approve item E22. Motion carried unanimously 5-0. 1[ F. CONSENT ORDINANCES I Fl. 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. Debra J. Adams, City Clerk, read the title of Ordinance No. 707. ORDINANCE NO. 707 (second 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 City Council Minutes May 21, 2003 Page 11 MOTION: Moved by Kurth, seconded by Williams to waive full reading and approve Ordinance No. 707. Motion carried unanimously 5-0. II G. ADVERTISED PUBLIC HEARINGS I Items Gl, G2 and G3 were considered at one time. Gl. CONSIDERATION TO APPROVE THE RESOLUTION FOR THE LEVY AND COLLECTION OF THE ANNUAL ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE DISTRICTS NOS. 1, 4, 5, 6, 7, 8, 9 AND 10 FOR THE FISCAL YEAR 2003/2004. NO INCREASE OF ASSESSMENT RATE IS PROPOSED. A staff report was presented by Mike TenEyck, Management Analyst III. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. RESOLUTION NO. 03-131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO LEVY AND COLLECT ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE DISTRICTS NOS. 1, 2, 3A, 3B, 4, 5, 6, 7, 8, 9 AND 10 FOR THE FISCAL YEAR 2003/2004 PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 MOTION: Moved by Williams, seconded by Howdyshell to approve Resolution No. 03-131. Motion carried unanimously 5-0. G2. CONSIDERATION TO APPROVE THE RESOLUTION FOR THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICTS NOS. 1, 2, 3, 4~ 5, 6, 7 AND 8 FOR FISCAL YEAR 2003/2004. NO INCREASE OF ASSESSMENT RATE IS PROPOSED. A staff report was presented by Mike TenEyck, Management Analyst Ill. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. RESOLUTION NO. 03-132 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO LEVY AND COLLECT ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICTS NOS. 1, 2, 3, 4, 5, 6, 7 AND 8 FOR THE FISCAL YEAR 2003/2004 PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 MOTION: Moved by Williams, seconded by Howdyshell to approve Resolution No. 03-132. Motion carried unanimously 5-0. City Council Minutes May 21,2003 Page 12 G3. CONSIDERATION TO APPROVE THE RESOLUTION FOR THE LEVY AND COLLECTION OF THE ANNUAL ASSESSMENTS WITHIN THE PARK AND RECREATION IMPROVEMENT DISTRICT (PD-85) FOR FISCAL YEAR 2003/2004. NO INCREASE OF ASSESSMENT RATE IS PROPOSED. A staff report was presented by Mike TenEyck, Management Analyst Ill. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. RESOLUTION NO. 03-133 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO LEVY AND COLLECT ASSESSMENTS WITHIN THE PARK AND RECREATION IMPROVEMENT DISTRICT NO. PD-85 (HERITAGE AND RED HILL COMMUNITY PARKS) FOR THE FISCAL YEAR 2003/2004 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 MOTION: Moved by Williams, seconded by Howdyshell to approve Resolution No. 03-133. Motion carried unanimously 5-0. G4. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2003-00132 - HANK JONG - A request to amend the General Plan Land Use Designation from Very Low Residential (.1-2 dwelling units per acre) to Low Residential (2-4 dwelling units per acre), to be consistent with the surrounding neighborhood, for 2.8 acres of land, located east of Hermosa Avenue on the south side of Wilson Avenue - APN: 0201-182-03, 04, 05 and 06. Related file: Tentative Tract Map SUBTT16421. Staff has prepared a Negative Declaration of environmental impacts for consideration. Staff report presented by Emily Wimer, Assistant Planner. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. RESOLUTION NO. 03-134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT DRC2003-00132, A REQUEST TO AMEND THE GENERAL PLAN LAND USE DESIGNATION FROM VERY LOW RESIDENTIAL (.1-2 DWELLING UNITS PER ACRE) TO LOW RESIDENTIAL (2-4 DWELLING UNITS PER ACRE) FOR 2.8 ACRES OF LAND, LOCATED ON THE SOUTH SIDE OF WILSON AVENUE, EAST OF HERMOSA AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0201-182-03, 04, 05 AND 06 MOTION: Moved by Gutierrez, seconded by Williams to approve Resolution No. 03-134. Motion carried unanimously 5-0. H. PUBLIC HEARINGS I City Council Minutes May 21,2003 Page 15 H1. CONSIDERATION OF A RESOLUTION AUTHORIZING THE RANCHO CUCAMONGA POLICE DEPARTMENT TO ENFORCE THE CALIFORNIA VEHICLE CODE IN RAMONA VILLA ESTATES (9800 BASE LINE ROAD} PER CALIFORNIA VEHICLE CODE SECTION 21107.9 A staff report was presented by Duane Baker, Assistant to the City Manager. Councilmember Williams inquired how this would affect speed limits in a mobile home park. Duane Baker, Assistant to the City Manager, stated it would be a Iow speed limit like you would have around a school zone. Councilmember Gutierrez thought if the other mobile home parks and gates communities go with this that it would have an impact on our Police Department allocating their resources. Duane Baker, Assistant to the City Manager, stated the Po[ice already patrol out at these locations and that if a specific speed issue came up they would set up speed enforcement, but that he didn't foresee that happening. Mayor Alexander asked if there are problems with this could it be revisited and the issues dealt with later. James Markman, City Attorney, stated yes and felt it would create a safe environment. Mayor Alexander opened the meeting for public hearing. Addressing the City Council was: Kathy Johnson, Ramona Villa, stated her concern is the ambulances and fire trucks having access. She felt people should not be able to park on the street for safety reasons. There being no further response, the public hearing was closed. Mayor Alexander stated he hoped that the tow companies would not abuse this and automatically yank a car off the street. RESOLUTION NO. 03-135 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE ENFORCEMENT OF THE CALIFORNIA VEHICLE CODE IN THE RAMONA VILLA ESTATES MOBILE HOME PARK LOCATED AT 9800 BASE LINE ROAD AS AUTHORIZED BY CALIFORNIA VEHICLE CODE SECTION 21107.9 MOTION: Moved by Kurth, seconded by Howdyshell to approve Resolution No. 03-135. Motion carried unanimously 5-0. H2. CONSIDERATION OF A RESOLUTION AUTHORIZING THE RANCHO CUCAMONGA POLICE DEPARTMENT TO ENFORCE THE CALIFORNIA VEHICLE CODE IN THE HAWTHORNES GATED COMMUNITY (NORTH OF 4TM STREET WEST OF ARCHIBALD AVENUE) PER CALIFORNIA VEHICLE CODE SECTION 21107.7 A staff repot[ was presented by Duane Baker, Assistant to the City Manager. Mayor Alexander opened the meeting for public hearing. Addressing the City Council was: Corey Adams, President of the Hawthornes Homeowners Association, stated they support this and asked the Council to approve it. There being no further response, the public hearing was closed. City Council Minutes May 21, 2003 Page14 RESOLUTION NO. 03-136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE ENFORCEMENT OF THE CALIFORNIA VEHICLE CODE IN THE HAWTHORNES GATED COMMUNITY (GENERALLY LOCATED NORTH OF 4TM STREET, WEST OF ARCHIBALD AVENUE, SOUTH OF 6TM STREET AND EAST OF CUCAMONGA CREEK CHANNEL) AS AUTHORIZED BY CALIFORNIA VEHICLE CODE SECTION 21107.7 MOTION: Moved by Howdyshell, seconded by Gutierrez to approve Resolution No. 03-136. Motion carried unanimously 5-0. II L CITY MANAGER'S STAFF REPORTS II I1. CONSIDERATION OF POLICIES AND PROCEDURES FOR THE PRE-QUALIFICATION OF PROSPECTIVE BIDDERS FOR CONSTRUCTION PROJECTS, AND APPROVAL OF AN ORDINANCE AUTHORIZING SPECIALIZED CONTRACTING PROCEDURES AND AMENDING CHAPTER 3.08 OF TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE A staff report was presented by Linda Daniels, Redevelopment Agency Director. Councilmember Howdyshell inquired if this was legal. James Markman, City Attorney, stated it was. Debra J. Adams, City Clerk, read the title of Ordinance No. 708. ORDINANCE NO. 708 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING SPECIALIZED CONTRACTING PROCEDURES, AND AMENDING CHAPTER 3.08 OF TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE MOTION: Moved by Kurth, seconded by Williams to waive full reading and set second reading of Ordinance No. 708 for the June 4, 2003 meeting. Motion carried unanimously 5-0. MOTION: Moved by Kurth, seconded by Williams to approve the policies and procedures as recommended by staff. Motion carried unanimously 5-0. II j. COUNCIL BUSINESS Il J1. PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE ACTION: Report received and filed. City Council Minutes May 21, 2003 Page 15 iI g. IDENTIFICATION OF ITEMS FOR THE NEXT MEETING I K1. Councilmember Williams asked about the sound wall issue and if it was close for a report to come back. Joe O'Neil, City Engineer, stated many people have asked for the sound ratings at their home and this has delayed things. He stated they hope to have something ready in June. II PUBLIC COMMUNICATIONS L1. REQUEST BY NICOLE MYERCHIN TO CONSIDER AN ACTION ESTABLISHING A "NO KILL" ANIMAL SHELTER (Oral) Nicole Myerchin stated the last time she spoke to the Council they asked her to find out what it would take to make this a "no kill" shelter. She stated she wasn't sure if it was money or what. She stated she would like the Council to take an action at the next meeting to move toward a "no kill" shelter. She stated she would like the County to come back and give information what it will take. She stated she would like monthly reports from the County also. She stated Michael Ames would like to come to the Council and inform them how to go about doing this. She felt this should be treated like a job. Councilmember Gutierrez hoped it would be on the next agenda for the Council to consider. Councilmember Howdyshell stated he would be willing to work with Councilmember Gutierrez to assist Ms. Myerchin with her idea. Mayor Alexander stated that was a good idea, but also felt the taxpayers should be considered in this. MOTION: Moved by Williams, seconded by Kurth to appoint Councilmembers Gutierrez and Howdyshell to serve as an ad hoc task fume on this matter. Motion carried unanimously 5-0. Il M. ADJOURNMENT I MOTION: Moved by Gutierrez, seconded by Howdyshell to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 9:43 p.m. Respectfully submitted, City Clerk Approved: July 2, 2003