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HomeMy WebLinkAbout2003/06/04 - Minutes June 4, 2003 CITY OF RANCHO CUCAMONGA CITY COUNCIL CLOSED SESSION MINUTES I[ A. CALL TO ORDER The Rancho Cucamonga City Council held a closed session on Wednesday, June 4, 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, Diane Williams and Mayor William J. Alexander. Also 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. Absent was Councilmember: Donald J. Kurth, M.D. II B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) I Mayor Alexander announced the closed session items. 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 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 II c. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) I No one was present to comment on the closed session items. II D. CONDUCT OF CLOSED SESSION I Closed session began at 5:35 p.m. City Council Minutes June 4, 2003 Page 2 The closed session recessed ~ 6:35 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, June 4, 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 7:04 p.m. Present were Councilmembers: Rex Gutierrez, Robert J. Howdyshell, 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; Ingrid Bruce, GIS/Special Districts Supervisor; Dawn Haddon, Purchasing Manager; Joe Kamrani, Sr. Information Systems Analyst; Sam Davis, Information Systems Specialist; Joe O'Neil, City Engineer; Jim Harris, Associate Engineer; Cindy Hackett, Associate Engineer; Brad Buller, City Planner; Larry Henderson, Principal Planner; Dave Moore, Recreation Superintendent; Captain Pete Ortiz, Rancho Cucamonga Police Department; Fire Chief Dennis Michael, 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. Absent was Councilmember: Donald J. Kurth, M.D. Il B. ANNOUNCEMENTS/PRESENTATIONS I B1. Presentation of a Proclamation declaring June 7, 2003, as "National Trails Day." Mayor Alexander presented the Proclamation to Planning Commissioner, Pam Stewart and Parks and Recreation Commissioner, Patricia Carlson. B2. Acceptance of lES APA Award for the City's Trails Map, Larry Henderson, Principal Planner, presented the award to the City Council. B3. Presentation of Certificates of Recognition to Assistant Principal of Valle Vista Elementary, Susan Kahn, and Albertsons Manager, David Hoftman, for their participation in honor of "Earth Day 2003." Carolyn Anderson and Geri Molner, Waste Management Company, assisted Mayor Alexander with the presentation of the certificates to the participants. City Council Minutes June 4, 2003 Page 3 Accepting the certificates were Susan Kahn of Valle Vista Elementary, Daniel Mancada of Albertsons, Kathy Thompson of Central School District Board and Joan Weisse of Central School District Board. B4. Presentation of Certificates to "Earth Day 2003" poster contest winners. Bob Zetterberg, Integrated Waste Coordinator, assisted Mayor Alexander with the presentation of the certificates to the poster contest winners. He also introduced the teachers who assisted with the contest. [1 C. PUBLIC COMMUNICATIONS C1. Gwyn Frost talked about being part of the City's incorporation process and the poster contest that took place. C2. Hilda Phillips stated she lives in Terra Vista and is very excited that she does because she felt it was the gateway to so many good things going on in the City. She stated she went to New York to visit "Ground Zero" last year and was glad to talk to someone that had heard of Rancho Cucamonga. She stated she wants to present something to the Council at the next meeting. C3. Ron Ives, Rancho Cucamonga Police Department, talked about the June 14 Bicycle Rodeo that was scheduled. He stated there would be a pancake breakfast and other things going on at this event. He invited the Council and the public to attend. C4. Leslie Grimes talked about the Colonies project still being part of a court proceeding. She stated it could affect the residents of Rancho Cucamonga including the cost of water that Rancho Cucamonga residents pay. She had an "Alluvial Amnesia" Report that she wanted distributed to the Council for their information. She asked that they read it and continued to read excerpts from it. She stated it can also be found at www.cgs.org. She stated she hoped the parents would take a proactive stance on the continuation of the DARE program so that it will stay in the schools because it is so important. C5. John Lyons talked about the importance of the DARE program. He stated the recall group is in the community circulating petitions. He stated you can find the petitions at www.ranchorecall.org. He stated the hotline number is 980-0935 and can also be reached at P.O. Box 2641, Rancho Cucamonga 91729. He stated they need volunteers to help them. C6. Aubrey Campbell wanted to commend City Manager, Jack Lam, because he is the best City Manager. He stated he wanted to warn everybody that he will protest at the locations where the Recall Committee is trying to get the recall signatures. He stated if the recall fails he wanted to make sure the community pays for any cost associated with the recall. C7. Melanie Ingram continued to talk about the Colonies project and stated she agreed with what Leslie Grimes was talking about regarding the water. She felt this is a regional matter, and affected more than just one City. She mentioned the Brown Act and how Councilmembers Williams and Gutierrez violated it and that is the reason for the recall. She stated if all of the signatures are collected, there will be an election so each Councilperson can be voted out and a vote for a replacement. She talked about the Brown Act and how it applies to the Council. C8. Steve Jennings stated he was invited to a Fire District event because his son had been rescued by them. He stated he had every right to be there and should not have been questioned by any Councilperson why he was there. He felt the recall must go through. City Council Minutes June 4, 2003 Page 4 Councilmember Williams stated she did not know Mr. Jennings was there until someone told her this after he had left. She stated she was there because her husband had been treated by the Fire District. She stated she was embarrassed that she did not recognize Mr. Jennings and that she had been falsely accused. She stated if he was offended, she apologized. C9. Pauline Dean thanked the Council for allowing her to get involved with the senior center issues. She stated she spoke in Sacramento to the legislature about the continuance of the meals on wheels program serving hot meals to the seniors. She stated the seniors need help and this program must continue. C10. Wil Wright stated he is willing to take on a second full time job and help with this recall. He felt it was a good thing. He showed their recall signs and the banners they would be displaying. He wanted the residents to be aware what the recall is about. He stated he believes in the voting system and felt there should be an election to decide who is on the Council. O11. Jim Frost stated he has been involved in the meals on wheels program in the past. He hoped the Council could discuss this program at a future meeting. I[ D. COUNCIL COMMUNICATIONS D1. Councilmember Gutierrez commented on the DARE program. He wanted to see if there wasn't something that could be done so this could continue in some form even if it was scaled down. He expressed his appreciation to Captain Ortiz for taking care of some crime problems in one of the mobile home parks. He stated he is still meeting people on the freeway sound wall issue, and added this is also a safety issue as well as a sound issue. He asked the public to reduce their speed on the City streets. He commented on Aubrey Campbell and felt he has contributed to the City and thanked he and his family for their participation in the community. D2. Councilmember Howdyshell thanked the Fire District for the breakfast they had put on at the Banyan station for the community. He commented on the great car show event to raise funds for burn victims that the Fire District had also organized. He added he had also attended a VF-W loyalty awards program on Sunday and assisted with the presentation of the awards. D3. Councilmember Williams stated that Councilmember Kurth is at a meeting to get grant money for drug addiction services and that is why he wasn't present tonight. She commented on the DARE program and felt parents need to go to the school board meetings and request that this program not be cancelled. She felt even an abbreviated program could be developed instead of canceling the whole program. She stated the City cannot back up the school district's portion of the cost because of the City's own budget problems. She again encouraged everyone to go to the school board meetings and ask for help. She stated she went to a preschool graduation of approximately 600 kids. She stated the City does not have an ordinance to have an election for Council seat vacancies. D4. Mayor Alexander thanked Councilmember Howdyshell who filled in for him because he was in Washington, D.C. on business. He commented on the great car show event that the Fire District held to raise money for burn victims. He stated the DARE program is jointly funded between the City and the schools. He stated the City is not backing off of its commitment, but needs the school district's help to continue with the program. He stated he wants to know for the next meeting what the cost is for the meals on wheels program. He stated the City would help where they can. Jack Lam, City Manager, suggested that the County of San Bernardino also be present since they run the program. City Council Minutes June 4, 2003 Page 5 Mayor Alexander agreed. Councilmember Williams felt if we were able to find a kitchen to cook the meals that it would help to make things easier with this program. Jack Lam, City Manager, stated item E13 needs to be removed from the agenda and will return to the Council at a future meeting. El. Approval of Warrants, Register May 14 thru May 28, 2003, and Payroll ending May 28, 2003, for the total amount of $4,535,747.33. E2. Approval to authorize the advertising of the "Notice Inviting Bids" for the Maintenance of Traffic Signals and Safety Lighting, to be funded from Acct. Nos. 11703035300 and 11563035300. RESOLUTION NO. 03-137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE MAINTENANCE OF TRAFFIC SIGNALS AND SAFETY LIGHTING IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS E3. Approval to appropriate $24,480 from Fund No. 1110-316-5650/1026110-0 pursuant to Reimbursement Agreement SRA-28, for the construction of 6t' Street median landscaping from Utica Avenue to Cleveland Avenue, west of Haven Avenue (work has been completed). E4. Approval of authorization for the purchase of one (1) Ford f150 4x4 Supercab from Fairview Ford of San Bernardino, California, through a piggyback opportunity from the City of Chino Hills in the amount of $23,680.22 funded from Acct. No. 1714001560. ES. Approval of annexation of work program areas to Landscape Maintenance District No. 6 and Street Lighting Maintenance District Nos. 1 and 5, along Los Osos High School frontages located at the northeast corner of Milliken Avenue and Banyan Street. RESOLUTION NO. 03-138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO THE WORK PROGRAM FOR LANDSCAPE MAINTENANCE DISTRICT NO. 6 AND STREET LIGHT MAINTENANCE DISTRICT NOS. 1 AND 5 FOR LOS OSOS HIGH SCHOOL E6. Approval of ordering the annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for DRC2002-00185, located on the southeast corner of the knuckle intersection of Dorset Street and Cartilla Avenue, submitted by Rancho Pacific Development Corporation. City Council Minutes June 4, 2003 Page 6 RESOLUTION NO. 03-139 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 DRC2002-00185 E7. Approval of a recommendation by the Park and Recreation Commission for a light variance requested for Major (11-12) Division Ali-Star Tournament hosted by Alta Loma Little league June 30 - July 17, 2003, at Heritage Park. ES. 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 DRC2001-00718, located at 9471 Buffalo Avenue, submitted by Oltmans Constructions Company. RESOLUTION NO. 03-140 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DRC2001-00718 RESOLUTION NO. 03-141 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 DRC2001-00718 E9. Approval of Map, Improvement Agreement and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 3 for Parcel Map No. 15716-1, located south of Base Line Road, west of Etiwanda Avenue, north of Foothill Boulevard and east of Day Creek Channel, submitted by Victoria Gardens, LLC. RESOLUTION NO. 03-142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 15716-1 AND IMPROVEMENT AGREEMENT RESOLUTION NO. 03-143 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 3 FOR PARCEL MAP 15716-1 El0. Approval of Map, Improvement Agreement, Improvement Securities, and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Light Maintenance District Nos. 1 and 2 for Parcel Map 15970, located at the northeast corner of Hermosa Avenue and Victoria Street, submitted by HMC Professional Services, LLC. City Council Minutes June 4,2003 Page 7 RESOLUTION NO. 03-144 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 15970, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES RESOLUTION NO. 03-145 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR PARCEL MAP 15970 Ell. Approval of Map, Improvement Agreement, Improvement Securities, Monumentation Cash Deposit and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Light Maintenance District Nos. 1 and 6 for Parcel Map 16042, located at the southwest corner of 8th Street and Center Avenue, submitted by Park Place Rancho Cucamonga, LLC. RESOLUTION NO. 03-146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 16042, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT RESOLUTION NO. 03-147 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 PARCEL MAP 16042 E12. Approval of Map, Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 2 and Street Lighting Maintenance District Nos. 1 and 3 for Tract No. 16253 located on the north side of Victoria Street between Grape Place and Etiwanda Avenue, submitted by Crestwood Corporation - APN: 227-041-18 and 19. RESOLUTION NO. 03-148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 16253, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITIES RESOLUTION NO. 03-149 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 3 FOR TRACT 16253 City Council Minutes June 4, 2003 Page 8 E13. Approval of Map, Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for Tract No. 16262, located between Archibald Avenue and Klusman Avenue, approximately 427 feet north of the centerline of Hillside Road, submitted by Jerry L. Stapp - APN: 10612-561-02. REMOVED FROM AGENDA. RESOLUTION NO. 03-150 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 16262, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY RESOLUTION NO. 03-151 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR TRACT 16262 E14. Approval of Map, Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 2 and Street Lighting Maintenance District Nos. 1 and 3 for Tract No. 16312, located on the northwest corner of Day Creek Boulevard and Chumh Street, submitted by Victoria Arbors, LLC - APN: 227-041-18 and 19. RESOLUTION NO. 03-152 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 16312, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITIES RESOLUTION NO. 03-153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 3 FOR TRACT 16312 E15. Approval to accept bids received and award and authorize the execution of the contract in the amount of $181,695.92 ($165,178.11 plus 10% contingency) to the apparent Iow bidder, New Generation Landscape Co., Inc., (CO 03-043), for the construction of the 19th Street Landscape Improvement along the south side parkway east of Archibald Avenue to Hermosa Avenue, to be funded from Beautification Funds, Acct. No. 11103165650/1441110-0. E16. Approval of a Professional Services Agreement with Ninyo & Moore & Associates, (CO 03-044), to provide construction soils and materials testing services for the proposed Carnelian Street Storm Drain and Pavement Rehabilitation Improvements from Vivero Street to 19th Street, in the amount of $13,515.70 ($12,287 plus 10% contingency), to be funded from Measure "1" Funds, Acct. No. 11763035650/1296176-0. City Council Minutes June 4, 2003 Page 9 E17. Approval to accept bids received and award and authorize the execution of the contract in the amount of $54,236.82 ($49,306.20 plus 10% contingency) to the apparent Iow bidder, Roc-Loc, (CO 03- 045), for the construction of the Heritage Park Storage Shed, to be funded from Park Development Funds, Acct. No. 11203055650/1207120-0. E18. Approval of a Professional Services Agreement with SBO & Associates (CO 03-046), to provide Construction Survey Services for the proposed Carnelian Street Storm Drain and Pavement Rehabilitation Improvements from Vivero Street to 19~h Street, in the amount of $36,905 ($33,550 plus 10% contingency), to be funded from Measure "1" Funds, Acct. No. 11763035650/1296176-0. E19. Approval to release Maintenance Guarantee Bond for DR 00-31, located on the northwest corner of Sixth Street and Milliken Avenue, submitted by Jefferson at Empire Lakes, L.P. E20. Approval to release Maintenance Guarantee Bond for DR 00-46, located on the northwest corner of Foothill Boulevard and Aspen Avenue, submitted by Western Land Properties. E21. Approval to release Maintenance Guarantee Bond for Parcel Map 15579, located on the north side of Fourth Street, east of Buffalo Avenue, submitted by The Price Company. E22. Approval to release Maintenance Guarantee Bond for Tract 15915, located west of Etiwanda Avenue and south of Victoria, submitted by Woodside Belmont Sales, Inc., a California Corporation. E23. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for improvements for Tract 14120-2, submitted by Carriage Estates, LLC, located on the south side of Summit Avenue, west of Etiwanda Avenue. RESOLUTION NO. 03-154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 14120-2 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E24. Approval to accept the Foothill Boulevard Storm Drain Improvements from Etiwanda Avenue to 1600' easterly, Contract No. 02-133 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 $536,380.59. RESOLUTION NO. 03-155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE FOOTHILL BOULEVARD STORM DRAIN IMPROVEMENTS FROM ETIWANDA AVENUE TO 1600' EASTERLY, CONTRACT NO. 02-133 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Williams, seconded by Gutierrez to approve the staff recommendations in the staff reports contained within the Consent Calendar with the exception of item E13. Motion carried unanimously 4-0-1 (Kurth absent). [1 F. CONSENT ORDINANCES II City Council Minutes June 4, 2003 Page10 Fl. 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 Debra J. Adams, City Clerk, read the title of Ordinance No. 708. ORDINANCE NO. 708 (second 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 Williams, seconded by Howdyshell to waive full reading and approve Ordinance No. 708. Motion carried unanimously 4-0-1 (Kurth absent). G. ADVERTISED PUBLIC HEARINGS Gl. CONSIDERATION OF SECOND AMENDMENT TO DEVELOPMENT AGREEMENT 01-02 (CO 02-012) - VICTORIA GARDENS-C, LLC - A request to amend the Development Agreement for the Victoria Gardens Regional Center to provide assurance that major department store parcels, up to a total of 10.57 combined acres, will not experience increased Mello Roos taxes associated with Community Facilities District 2003-01, without the unanimous support of the affected property owners. 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 Linda D. Daniels, Redevelopment Agency Director. Mayor Alexander opened the meeting for public hearing. Addressing the City Council were: John Lyons felt this was a bad way to do this and did not agree with the Ordinance. Leslie Grimes asked if the mello roos would apply to homes in that area. Linda D. Daniels, Redevelopment Agency Director, stated no that it only applies to the commercial property. Ms. Grimes stated she did not know why this is being done. James Markman, City Attorney, stated the City us trying to accommodate the wishes of the mall owners. He stated it does not compromise the Agency's position. Ms. Grimes stated she agrees with Mr. Lyons that this might set a precedent and did not agree with it. Jack Lam, City Manager, stated the developer will be paying the taxes. Debra J. Adams, City Clerk, read the title of Ordinance No. 709. City Council Minutes June 4, 2003 Page 11 ORDINANCE NO. 709 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE SECOND AMENDMENT TO DEVELOPMENT AGREEMENT 01-02 (CO 02-012), A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND VICTORIA GARDENS-C, LLC, IN ORDER TO PROVIDE ASSURANCE THAT MAJOR DEPARTMENT STORE PARCELS WITHIN THE VICTORIA GARDENS REGIONAL CENTER WILL NOT EXPERIENCE INCREASED MELLO Roes TAXES ASSOCIATED WITH COMMUNITY FACILITIES DISTRICT 2003-01 MOTION: Moved by Gutierrez, seconded by Williams to waive full reading and set second reading of Ordinance No. 709 for the June 18, 2003 meeting. Motion carried unanimously 4-0-1 (Kurth absent). G2. CONSIDERATION OF DEVELOPMENT CODE AMENDMENT DRC2003-00348 - CITY OF RANCHO CUCAMONGA - A request to amend Section 17.08 (Residential Districts) of the Development Code regarding second dwelling units within the Very Low, Low and Low-Medium (1-2, 2- 4, and 4-8 dwelling units per acre, respectively) Residential Districts to comply with State Assembly Bill 1866. Staff report presented by Brad Buller, City Planner. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 710. ORDINANCE NO. 710 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2003-00348, A REQUEST TO AMEND SECTION 17.08.030, RESIDENTIAL DISTRICTS, OF THE RANCHO CUCAMONGA DEVELOPMENT CODE REGARDING SECOND DWELLING UNITS WITHIN THE VERY LOW, LOW, AND LOW-MEDIUM (.1-2, 2-4, AND 4-8 DWELLING UNITS PER ACRE, RESPECTIVELY) RESIDENTIAL DISTRICTS TO COMPLY WITH ASSEMBLY BILL 1866, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Williams, seconded by Howdyshell to waive full reading and set second reading of Ordinance No. 710 for the June 18, 2003 meeting. Motion carried unanimously 4-0-1 (Kurth absent). No Items Submitted. [I I. CITY MANAGER'S STAFF REPORTS City Council Minutes June 4, 2003 Page12 ITEMS I1 THROUGH 19 WERE DISCUSSED AT ONE TIME. I1. APPROVAL TO SET ANNUAL BENEFIT ASSESSMENTS FOR DRAINAGE AREA NO. 9t-2 (DAY CANYON DRAINAGE BASIN) WITHOUT AN INCREASE TO THE CURRENT RATE Staff report presented by Ingrid Bruce, GIS/Special Districts Supervisor. RESOLUTION NO. 03-156 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DETERMINING THE COST OF SERVICE TO BE FINANCED BY BENEFIT ASSESSMENTS TO BE LEVIED IN DRAINAGE AREA NO. 91-2 FOR FISCAL YEAR 2003-2004 AND DETERMINING AND IMPOSING SUCH BENEFIT ASSESSMENTS MOTION: Moved by Howdyshell, seconded by Williams to approve Resolution Nos. 03-156, 03-157, 03- 158, 03-159, 03-I60, 03-161.03-162, 03-163 and 03-164. Motion carried unanimously 4-0-1 (Kurth absent). 12. APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 84-1 (DAY CREEK DRAINAGE SYSTEM) WITHOUT AN INCREASE TO THE CURRENT RATE SEE ITEM I1 FOR DISCUSSION. RESOLUTION NO. 03-157 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 84-1R (DAY CREEK DRAINAGE SYSTEM) 13. APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 93-3 (FOOTHILL MARKETPLACE) WITHOUT AN INCREASE TO THE CURRENT RATE SEE ITEM I1 FOR DISCUSSION, RESOLUTION NO. 03-158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 93-3 (FOOTHILL MARKETPLACE) 14. APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 88-2 (DRAINAGE AND LAW ENFORCEMENT) AT CURRENT LEVELS WITH NO INCREASE SEE ITEM I1 FOR DISCUSSION. RESOLUTION NO. 03-159 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 88-2 (DRAINAGE AND LAW ENFORCEMENT) City Council Minutes June 4, 2003 Page 13 15. APPROVAL OF RESOLUTION ESTABLISHING AN ANNUAL LEVY WITHIN ASSESSMENT DISTRICT NO. 93-1 (MASI PLAZA) AT THE SOUTHWEST CORNER OF ROCHESTER AVENUE AND FOOTHILL BOULEVARD AND REASSESSMENT DISTRICT NO. 1999-1 WITHOUT AN INCREASE TO THE CURRENT RATE SEE ITEM I1 FOR DISCUSSION. RESOLUTION NO. 03-160 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-AUTHORIZING THE LEVY OF AN ASSESSMENT SURCHARGE FOR THE EXPENSES INCURRED IN THE COLLECTION OF ASSESSMENTS IN VARIOUS SPECIAL ASSESSMENT DISTRICTS 16. APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2002- 02 (RANCHO CUCAMONGA CORPORATE PARK) SEE ITEM I1 FOR DISCUSSION. RESOLUTION NO. 03-161 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) 17. APPROVAL TO SET AN ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2001-01 (IMPROVEMENT AREA NO. 3, ZONE 7), SERIES 2001-B WITHOUT AN INCREASE TO THE APPROVED RATE SEE ITEM I1 FOR DISCUSSION. RESOLUTION NO. 03-162 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2001-01 FOR FISCAL YEAR 2003-2004 (IMPROVEMENT AREA NO. 3, ZONE 7), SERIES 2001-B 18. APPROVAL TO SET AN ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2001-01 (IMPROVEMENT AREA NOS. 1 & 2), SERIES 2001-A SEE ITEM I1 FOR DISCUSSION. RESOLUTION NO. 03-163 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2001-01 FOR FISCAL YEAR 2003-2004 (IMPROVEMENT AREA NOS. 1 & 2), SERIES 2001-A 19. APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000- 01 (SOUTH ETIWANDA) WITHOUT AN INCREASE TO THE CURRENT RATE SEE ITEM I1 FOR DISCUSSION. City Council Minutes June 4, 2003 Page 14 RESOLUTION NO. 03-164 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) 110. APPROVAL OF A 2ND YEAR GRANT WITH FIRST 5 SAN BERNARDINO (CHILDREN AND FAMILIES COMMISSION FOR SAN BERNARDINO COUNTY) IN THE AMOUNT OF $309,~d7 $310,747 FOR THE CONTINUATION OF THE YOUTH ENRICHMENT SERVICES (YES) PROGRAM (ACCOUNT NUMBER 1-252-000-4740). Staff report presented by Paul Pachon, Management Analyst III. MOTION: Moved by Howdyshell, seconded by Williams to approve staff's recommendation as corrected. Motion carried unanimously 4-0-1 (Kurth absent). Ill. APPROVAL TO AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING BIDS" FOR THE CONSTRUCTION OF TRAFFIC SIGNAL INTERCONNECT SYSTEM FOR BASE LINE ROAD FROM ALTA CUESTA TO ETIWANDA AVENUE (FEDERAL AID PROJECT CML-5420(009), TO BE FUNDED FROM ACCT. NOS. 11243035650-1443124-0, 11843035650-1290184-0, 12323035650-1443232-0, 11243035650-1290124-0 AND 1712-001-5603. Staff report and power point presentation given by Jim Harris, Associate Engineer. Councilmember Gutierrez felt this was a great idea. Councilmember Williams concurred. RESOLUTION NO. 03-165 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF TRAFFIC SIGNAL INTERCONNECT SYSTEM FOR BASE LINE ROAD FROM ALTA CUESTA TO ETIWANDA AVENUE (FEDERAL AID PROJECT CML- 5420(009) IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS MOTION: Moved by Gutierrez, seconded by Howdyshell to approve Resolution No. 03-165. Motion carried unanimously 4-0-1 (Kurth absent). 112. APPROVAL TO ACCEPT BIDS RECEIVED AND AWARD AND AUTHORIZE THE EXECUTION OF THE CONTRACT IN THE AMOUNT OF $140,940.80 ($128,128.00 PLUS 10% CONTINGENCY) TO THE APPARENT LOW BIDDER, OLIVAS VALDEZ, INC., (CO 03-047), FOR THE ETIWANDA AVENUE - BIKE LANE AND SIDEWALK IMPROVEMENT, TO BE FUNDED FROM SAFE ROUTES TO SCHOOL PROGRAM FUNDS, ACCT. NO. 12343035650/1418234-0 AND MEASURE "1" FUNDS, ACCT. NO. 11763035650/1418176-0. Staff report and power point presentation given by Cindy Hackett, Associate Engineer. Councilmember Gutierrez inquired if the people involved in this project objected to the changes in the landscaping. Cindy Hackett, Associate Engineer, stated thero were some concerns, but now everyone is in favor of the changes. City Council Minutes June 4, 2003 Page 15 Councilmember Gutierrez mentioned the safety of the kids around the schools and that he was concerned about this. Jack Lam, City Manager, stated it has always been in the plan to improve Etiwanda, but not change it. MOTION: Moved by Howdyshell, seconded by Williams to approve the contract. Mayor Alexander stated he is very curious about the trees and the removal of them. Motion carried unanimously 4-0-1 (Kurth absent). J1. LEGISLATIVE UPDATE (Oral) Councilmember Williams stated at the budget meeting earlier in the week, the City Manager presented a balanced budget. She added the state has still not resolved their budget problems and will be reaching out to the cities to help them out by taking their money. She mentioned AB 1221 and that the City opposes it because it will allow the state to take sales tax money from the City. She stated Rancho Cucamonga could lose $25,000,000 over the next 10 years if this bill is approved. She stated information on this bill is on the City's website. ii K. IDENTIFICATION OF ITEMS FOR THE NEXT MEETING I K1. Mayor Alexander stated he would like the report on the meals on wheels program. K2. Councilmember Williams stated she would like a report on the existing lawsuit involving the Route 30/210 Freeway sound wall issue. She stated she would like something in writing. James Markman, City Attorney, stated he would like to provide this information during closed session since it involved litigation, and that h~ would provide a confidential memo. Councilme~bbr'Williams stated'she doesn't want the City to forget its "punch list of items" relating to the freeway completion. K3. Councilmember Gutierrez stated he would like an update on the DARE program. [[ L. PUBLIC COMMUNICATIONS I L1. REQUEST BY NICOLE MYERCHIN FOR MICHAEL ARMS, PRESIDENT OF THE HELEN WOODWARD ANIMAL CENTER, TO DISCUSS A "NO KILL" ANIMAL SHELTER WITHOUT INCREASING COST (Oral) Nicole Myerchin introduced Michael Arms, President of the Helen Woodward Animal Center. City Council Minutes June 4, 2003 Page 16 Mr. Arms felt the City does care about animals and this issue. He stated he has offered to come into the Rancho Cucamonga facility, at no cost, and help them so they do not have to Mil animals. He stated he is willing to put on a workshop to educate the workers. He continued to talk about the contributions that animals make to mankind. He hoped the Council would allow him to go to our animal shelter and help them. Mayor Alexander asked if he was aware of the Council ad hoc committee recently formed and felt he should get involved with them. Mr. Arms stated he would be happy to get with them. He related a personal story why he has such compassion for animals and wants to devote his time and money to help keep animals alive. Councilmember Gutierrez thanked him for being here and added he is on the ad hoc committee. He stated they have not been able to meet as the ad hoc committee, but asked for his help in the future. Nicole Myerchin commented on the Tompkins County budget for animals and the adoption of them. She hoped Rancho Cucamonga can help with the "no kill" issue. L2. Melanie Ingram felt the Base Line signal synchronization was a great idea and hoped they would find Indian artifacts in Upland that would stop the Colonies project. She commented on the November 2002 Council meetings regarding trying to pass the Ordinance for a special election. She felt this was a very difficult process to go through and gave more details about this. L3. Leslie Grimes wanted everyone to keep in mind the traffic around the high school and to keep that area safe. She brought up the flashing lights near Jasper and how it has helped keep the kids safe in that area. MOTION: Moved by Williams, seconded by Gutierrez to adjourn. Motion carried unanimously 4-0-1 (Kurth absent). Respectfully submitted, City Clerk Approved: July 16, 2003