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HomeMy WebLinkAbout2003/09/17 - Minutes September 17, 2003 CITY OF RANCHO CUCAMONGA CITY COUNCIL CLOSED SESSION MINUTES I[ A. C^LLTO The Rancho Cucamonga City Council held a closed session on Wednesday, September 17, 2003, at the Cucamonga County Water District facilities located at 10440 Ashford Street, 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 William J. Alexander. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Pamela Easter, Deputy City Manager; and Joe O'Neil, City Engineer II ~. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) Mayor Alexander announced the closed session item. BI. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED SOUTH OF FOOTHILL BOULEVARD, WEST OF 1-15, GARY SAFADY, O&S HOLDINGS, AND JOE O'NEIL, CITY ENGINEER, NEGOTIATING PARTY, REGARDING TERMS OF AGREEMENT - CITY C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) No one was present to comment on the closed session item. D. CONDUCT CLOSED SESSION Closed session began at 5:35 p.m. The closed session recessed at 6:25 p.m. with no action taken. City Council Minutes September 17, 2003 Page 2 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meetinq A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, September 17, 2003, at the Cucamonga County Water District Board Room, located at 10440 Ashford Street, Rancho Cucamonga, California. Mayor William J. Alexander called the meeting to order at 8:10 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; Pamela Easter, Deputy City Manager; James Markman, City Attorney; Linda D. Daniels, RDA Director; Jan Reynolds, RDA Analyst; James C. Frost, City Treasurer; Larry Temple, Administrative Services Director; Sid Siphomsay. Information Systems Analyst; Sam Davis, Information Systems Specialist; Joe O'Neil, City Engineer; Karen McGuire-Emery, Sr. Park Planner; Brad Bullet, City Planner; Warren Morelion Assistant Planner; Trang Huynh, Building Official; Kevin McArdle, Community Services Director; Dave Moore, Recreation Superintendent; Paula Pachon, Management Analyst III; Bill Pallotto, Recreation Supervisor; Jennifer Hunt, Recreation Coordinator: Deborah Clark, Library Director; Captain Pete Ortiz, Rancho Cucamonga Police Department; Fire Chief Dennis Michael, Fire Marshal Mike Bell, Battalion Chief Peter Bryan, Maintenance Officer Sam Dominic, Plans Examiner Ron Nee, FMIS Tech Robin Brock - Rancho Cucamonga Fire Protection District; Duane Baker, Assistant to the City Manager; Michelle Dawson, Management Analyst III; Kimberly Thomas, Management Analyst II; Kathy Scott, Deputy City Clerk; Shirr'l Griffin, Office Specialist II - City Clerk's Office; and Debra J. Adams, Secretary. B. ANNOUNCEMENTS/PRESENTATIONS I B1. Presentation of a Plaque in recognition of Target Stores and Rancho Cucamonga Store Manager David Parker for their continued support of City Programs and events throughout the year. Jennifer Hunt, Recreation Coordinator, and Bill Pallotto, Recreation Supervisor, assisted Mayor Alexander with the presentation to Target Stores. B2. Presentation of Certificates to the Vineyard Little League "Angels" in recognition of their winning the Tournament of Champions. Doug Morris, Vineyard Little League, and Richard Reyes, Manager of the Angels, assisted Mayor Alexander with the presentation of the certificates. B3. Presentation of a Proclamation and Certificates to the Vineyard Little League Major All Stars in recognition of their winning the California State Championship. Doug Morris, Vineyard Little League, and Richard Reyes, Manager of the Angels, assisted Mayor Alexander with the presentation of the proclamation and certificates. The team "Moms" and A.J. Foster (Past President of Vineyard Little League) were also recognized for their efforts and support. City Council Minutes September 17, 2003 Page 3 B4. Presentation of a Proclamation in recognition of "National Alcohol and Drug Addiction Recovery Month." Mayor Alexander presented the Proclamation to Judge Ronald Gilbert from Rancho Cucamonga and Kori Price, Therapist from the Matrix Institute. Councilmember Kurth felt it is important to support the people that have drug problems and thanked both Judge Gilbert and Ms. Price for what they have done to help people. B5. Congratulations to the "Learner of the Year" for the Rancho Cucamonga Public Library's Adult Literacy Program and Announcement of an award of a $5,000 grant for a Book Discussion Group. Deborah Clark, Library Director, and Rosie Manela, Literacy Supervisor, assisted Mayor Alexander with the introduction of the Learner's of the Year. Nadia Murad and Linda Burton were called up to talk about their accomplishments through this program. Councilmember Howdyshell reported about a grant that Rancho Cucamonga and Upland received to fund this program and felt a lot of wonderful work is done through the Literacy Program. Rosie Manela, Literary Supervisor, stated they received a $5,000 grant, which will be used to support this program. I C. PUBLIC COMMUNICATIONS C1. Kevin Collins requested that item E17 be removed from the Consent Calendar for discussion. C2. Leslie Grimes requested that item E22 be removed for discussion because it has no dollar amount listed. She continued to talk about Rancho Recall and stated they are doing this because they do not want the Rancho Cucamonga City Council to become like other City Councils. She stated the issue is perception as it relates to the Colonies Project. She did not feel the Council should take campaign contributions from the Colonies developers and does not know how the Council feels about this project. She felt Councilmembers Kurth and Howdyshell should use the "City Council Comments" section to share what their vision is for the City. She felt the people should have had the right to vote instead of the Council appointing Kurth and Howdyshell to the Council. She felt the recall was the only thing they could do in order to be heard. She stated she does want to spend the money for a special election because she wants there to be an honest City Council running this City. C3. Melanie Ingram, Rosebud Street, requested item El0 be removed from the agenda. She reported on the petitions they are gathering for the recall effort and stated they have had a lot of guests sign in on the guest book at ranchorecall.org. She said they can also be contacted at P.O. Box 2641. She felt the four City Councilmembers being recalled have broken faith with the voters by their previous action appointing Councilmembers Kurth and HowdyshelL She felt Councilmembers Gutierrez and Williams did violate the Brown Act by meeting to decide about these appointments. She encouraged everyone to sign the petitions for the recall. 04. John Lyons, Etiwanda, stated he supports Rancho Recall. He reported he had been to the 9-11 tribute at the Filippi Winery and felt it was a great event. He commented on Councilmember Gutierrez violating the Brown Act. He stated he had attended the joint City Council/Route 30 Task Force meeting the other night. He felt the landscaping should go in for the freeway and then do the sound readings before anything else is done to correct the noise problems. He felt the developers should pick up some of City Council Minutes September 17, 2003 Page 4 the bill to correct the freeway noise, He stated anyone that wants to learn more about Rancho Recall should go to ranchorecall.org, and they can write P.O. Box 2641 or call the hotline at 980-9035. He stated they would like to thank everyone who has signed the petitions and felt it was fun. C5. Dawn Signor stated she does not personally know any of the Council, but that she is angry she voted for Councilmember Gutierrez. She felt the Council took away their right to vote by appointing Councilmembers Kurth and Howdyshell. C6. Gwyn Frost stated the mall plans started 23 years ago. She was sorry she missed the ground breaking yesterday. She stated there has been a lot of work to get to this point. She talked about the other projects that were started at this same time many years ago. C7. Jim Frost mentioned the Terra Vista Plan and the history to implement it. He stated in 1977 he received a call from a reporter wondering where the City's down town area was. He talked about the first General Plan. He stated he remembers discussing where the mall should be built and stated the City stuck with its guns and have left it at Foothill and the I 15 Freeway. He stated he is pleased to see the Lewis' involved with this project. He stated the Lewis' continually contribute back to the community. C8. Wil Wright stated he is involved in Rancho Recall because of the appointments of Councilmembers Kurth and Howdyshell. He commented on something he had read in the Rancho Voice by Dena Rosenberry who stated those involved with the recall are sour grapes. He commented on people that have signed on to the website. He felt it was important for people to use the system to their advantage. He stated he wished that when questions were asked of the Council they would answer them. He commended Nadia Murad for her public speaking she did earlier in the meeting. D1. Councilmember Gutierrez stated he is very proud of the Vineyard Little League team and felt they have class. He stated he was very happy about the ground breaking of the mall and hoped it will attract many good tenants. He stated the mall will be called Victoria Gardens, which comes from the Victoria Master Plan. He stated he has received a lot of contact from residents about various issues of concern to them. He hoped they will continue to call him with their concerns. He stated his number is 941-0664. He stated he wants to pay tribute to Aubrey Campbell, who was also known as "Okie" because he was from Oklahoma. He stated when he owned his publication, Okie had a column that he wrote. He felt he was a very good man and asked that the meeting adjourn in his memory. D2. Councilmember Howdyshell stated he and Councilmember Kurth attended a chili cook-off with the Alta Loma Riding Club and stated they appreciate all that the City has done for them. He stated they had a few concerns which were: 1) encroachments on the trails, 2) speeding in their area and that they would like additional patrol, 3) more information on the sphere of influence, 4) parking specifications for the City, and 5) the Wilson and Hillside extensions to the east. He thanked them for inviting them to their event. City Council Minutes September 17, 2003 Page 5 D3. Councilmember Williams commented on the Target Store and all they do for the City. She asked everyone to shop there. She talked about the Chamber's Vintner event and how wonderful it was. She stated it was at Etiwanda Gardens. She commented on the League of California Cities Conference. She stated Sacramento is a "cesspool". She commented on the joint City Council/Route 30 Task Force Meeting and hoped some good things will come out it. She stated the City will do the best they can and do not want the residents to suffer from the freeway noise. She talked about the 9-11 event and how wonderful it was. She stated it was very well done and very tasteful and special. She commended Tarbell Realtors on Milliken for stepping up to help the community by putting on a kid's safety day. She felt it was a wonderful event. She stated the literacy program that was talked about earlier was a pet project of Councilmember Howdyshell when he was on the Library Board. She thanked Councilmember Kurth for bringing the recognition forward pertaining to the drug addiction recovery month. D4. Councilmember Kurth felt some of the efforts made by the City representatives to meet with the State representatives have been very successful and how important it is that they not take away the City's money. He commented on the joint City Council/Route 30 Task Force meeting and felt the issues were the same as they were about ten years ago. He stated there isn't one Councilmember that doesn't want to help the residents. He talked about the 9-11 event and stated it was very touching. He stated the Victoria Gardens ground breaking was very exciting. He stated this will be a very upscale place for our residents to shop. He talked about the chili cook-off with the Alta Loma Riding Club and that it was a great event. He stated he would be willing to speak at any community event to provide information about the City. E. CONSENT CALENDAR James Markman, City Attorney stated there should be a separate vote on warrant number 201244 in the amount of $47.64 made payable to Haven Building Materials since Councilmember Gutierrez will need to abstain from voting on this. Jack Lam, City Manager, stated it is requested that item E13 be removed from the agenda, and that it would come back at a future meeting. El. Approval of Minutes: August 20, 2003 (Howdyshell absent) September 3, 2003 E2. Approval to receive and file current Investment Schedule as of August 31,2003. E3. Approval of Warrants, Register August 27, 2003 through September 9, 2003, and Payroll ending September 9, 2003, for the total amount of $4,694,423.89. E4. Approval to authorize the advertising of the "Notice Inviting Bid" for the 12 Kv Electrical Distribution System Cabling, Connections, and Equipment Project to serve the property within the Victoria Arbors Master Plan area designated as part of the Rancho Cucamonga Municipal Utility's service area, to be funded from Acct. No. 10250015650/1382025-0 (Capital Reserve). City Council Minutes September 17, 2003 Page 6 RESOLUTION NO. 03-236 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE 12 KV ELECTRICAL DISTRIBUTION SYSTEM CABLING, CONNECTIONS, AND EQUIPMENT PROJECT IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS E5. Approval of contract change order #1 for the amount of $9,695, and to approve an appropriation of $9,700 to Account No. 11203055650/1207120-0 for the Heritage Park Storage Shed Project. E6. Approve the Emergency Replacement of the HVAC Boiler at the Animal Shelter and appropriate funds in the amount of $15,000 from Capital Reserve Fund balance into Acct. 1025001-5602. E7. Approve single source vendor and total vendor expenditures for the purchase of Ready Mix Concrete, Rock and Sand from D & K Concrete in the amount not to exceed $65,000 annually, to be funded from Acct. No. 1001316-5200. REMOVED FOR DISCUSSION BY COUNCILMEMBER HOWDYSHELL, E8. Approval of a Request from the Christian Okoye Foundation for a Waiver of Rental Fees for a Free Youth Holiday Event at the Rancho Cucamonga Epicenter and Adult Sports Complex on December 13, 2003. REMOVED FOR DISCUSSION BY COUNCILMEMBER HOWDYSHELL. E9. Approval of a Park and Recreation Commission recommendation for room names for the Central Park Senior and Community Center Building. El0. Approval of a Resolution adopting the Five-Year Capital Improvement Program for Fiscal Years 2003/04 through 2007/08 and Twenty-Year Transportation Plan beginning in Fiscal Year 2002/03 as required for Measure "1" funds. REMOVED FOR DISCUSSION BY MELANIE INGRAM. RESOLUTION NO. 03-237 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2003/04 THROUGH 2007/08 AND TWENTY-YEAR TRANSPORTATION PLAN BEGINNING IN FISCAL YEAR 2003/04 FOR THE EXPENDITURE OF MEASURE "1" FUNDS El1. Approval of Map, Improvement Agreement and Improvement Security for Parcel Map 16037, located at 8585 Comet Street, submitted by Jose and Grace Jimenez. RESOLUTION NO. 03-238 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 16037, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY E12. 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 16071, located on the west side of Utica Avenue, approximately 300 feet south of Arrow Route, submitted by Utica, LLC. City Council Minutes September 17, 2003 Page 7 RESOLUTION NO. 03-239 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 16071, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT RESOLUTION NO. 03-240 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 16071 E13. Approval of Map, Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for Parcel Map 16139, located at the northwest corner of 6th Street and Charles Smith Avenue, submitted by Rochester Development, LLC, a Limited Liability Corporation. REMOVED FROM THE AGENDA. RESOLUTION NO. 03-241 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 16139, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO. 03-242 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 16139 E14. Approval of expenditure and execution of an agreement with Brodart, Inc., (CO 03-097) for the acquisition of library materials and services for the Archibald Library in the amount of $261,000, funded from Library accounts. E15. Approval to designate the Toews Residence as a Historic Landmark, Landmark Designation DRC2003-00574 - Manning Homes, located at 5550 Archibald Avenue - APN: 1061-571-09. Related Fi[es: Landmark Alteration Permit DRC2003-00575, Mills Act Contract DRC2003-00576, Tentative Tract SUBTT16430, and Tree Removal Permit DRC2002-00917. E16. Approval of a Mills Act Agreement (CO 03-098) to implement the use of the Mills Act to reduce property tax on the Toews Residence, Mills Act Application DRC2003-00576 - Manning Homes, located at 5550 Archibald Avenue - APN: 1061-571-09. Related Files: Landmark Designation DRC2003-00574, Landmark Alteration Permit DRC2003-00575, Tentative Tract SUBTT16430, and Tree Removal Permit DRC2002-00917. RESOLUTION NO. 03-243 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DRC2003-00574, DESIGNATING THE TOEVVS HOUSE A HISTORIC LANDMARK, LOCATED AT 5550 ARCHIBALD AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1061-571-09 City Council Minutes September 17, 2003 Page 8 E17. Approval to accept the negotiated bid received and award and authorize the execution of the contract in the amount of $17,602,864.00 and authorize the expenditure of a 10% contingency in the amount of $1,760,286.00 to Douglas E. Barnhart, Inc. (CO 03-099), for the construction of the Rancho Cucamonga Central Park Senior/Community Center Project, to be funded from 2002 Park Bond Act Fund, Acct., No. 1237303-5650/1343237-0; RDA Fund, Acct. No. 2650801-5650/1343650-0; CDBG Fund, Acct. No. 1204314-5650/1330204-0; Federal Grant Fund, Acct. No. 1239303-5650/1330239-0; 2000 Park Bond Act Fund, Acct. No. 1236303-5650/1343236-0; Park Development Fund, Acct. No. 1120305-5650/1343120-0; Lewis Grant Fund, Acct. No. 1240303-5650/1343240-0; and authorize the appropriation of $4,702.00 into Acct. No. 1236303-5650/1343236-0. REMOVED FROM THE AGENDA BY KEVIN COLLINS. E18. Approval to award and execution of a Professional Services Agreement to Dan Guerra and Associates (CO 03-100) for Engineering Services for the Construction of the Rancho Cucamonga Central Park Senior/Community Center Project in the amount of $327,500.00, and authorize the expenditure of a 10% contingency in the amount of $32,750.00, to be funded from Acct. No. 1120305-5650/1343120-0. E19. Approval to accept bids received and award and authorize the execution of the contract in the amount of $142,934.68 to the apparent Iow bidder, R. J. Noble Company (CO 03-101 ), and authorize the expenditure of a 10% contingency in the amount of $14,293.47 for the Milliken Avenue Pavement Rehabilitation from 6th Street to 7th Street, to be funded from Measure "1" funds, Acct. No. 11763035650/1252176-0 and Transportation funds, Acct. No. 11243035650/1252124-0. E20. Approval of a Professional Services Agreement with Social Vocational Services (CO 03-102) for Weekly Park Litter and Trash Pick-Up, and approval of an appropriation of $30,500.00, 50% from Acct. No. 1134303-5300 and 50% from 1131303-5300 Fund balances. E21. Approval to accept the bids received and award and authorize the execution of a contract in the amount of $398,900 to the apparent Iow bidder, Pouk & Steinle (CO 03-103), and authorize the expenditure of a 10% contingency in the amount of $39,890, for the Electrical Distribution System Conduit and Substructure Project, to be funded from Capital Reserve funds, Acct. No. 10250015650/1382025-0 and appropriate $438,790 (contract award of $398,900 plus 10% contingency in the amount of $38,890) to Acct. No. 10250015650/1382025-0 from Capital Reserve fund balance. E22. Approval to accept the bids received and award and authorize the execution of a contract to the apparent Iow bidder (CO 031-104), in the amount of apparent Iow bidder's bid amount, and authorize the expenditure of a 10% contingency for the 12 kV Electrical Substation Project to be located at the southeast corner of Rochester Avenue and Stadium Parkway to serve the property within the Victoria Arbors Master Plan area designated as part of the Rancho Cucamonga Municipal Utility's service area, to be funded from Capital Reserve funds, Acct. No. 10250015650/1382025-0 and appropriate the total of the base contract amount plus 10% contingency to Acct. No. 10250015650/1382025-0 from Capital Reserve fund balance. REMOVED FOR DISCUSSION BY LESLIE GRIMES. E23. Approval to authorize a change order in the amount of $391,624.05 to Sully Miller Contracting Company in connection with the previously- awarded Phase lB of Community Facilities District 2001-01 and Phase 3A of Community Facilities District 2003-01 Project for the construction of the Day Creek Boulevard Electrical Distribution System associated with the Rancho Cucamonga Municipal Utility, to be funded from Capital Reserve funds, Acct. No. 10250015650/1382025-0, and appropriate $105,813.10 to Acct. No. 16123035650/1442612-0 from CFD 2001-01 fund balance. E24. Approval to accept the Day Creek Park Project from Rancho Etiwanda 685, LLC (Sun Cai Companies) as complete, authorize the filing of a Notice of Completion, release the Faithful Performance Bond, accept the Maintenance Bond, and record the Grant Deed for the property. REMOVED FOR DISCUSSION BY COUNCILMEMBER HOWDYSHELL. City Council Minutes September 17, 2003 Page 9 RESOLUTION NO. 03-244 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DAY CREEK PARK, ALSO KNOWN AS RANCHO ETIWANDA PARK, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E25. Approval to release the Maintenance Bond for DR 99-55, located at the southeast corner of Arrow Route and Milliken Avenue, submitted by Rancho Cucamonga, II, Inc. E26. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for improvements for Parcel Map 15360, located on the south side of Foothill Boulevard east of Milliken Avenue, submitted by Catellus Development Corporation. RESOLUTION NO. 03-245 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 15360 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E27. Approval to release the Maintenance Guarantee Bond for Tract 13951, located north and south of Wilson Avenue between Beryl Street and Hellman Avenue, submitted by CCRC 30, LLC. MOTION: Moved by Williams, seconded by Kurth to approve warrant number 201244 in the amount of $47.64. Motion carried 4-0-0-1 (Gutierrez abstained). MOTION: Moved by Williams, seconded by Kurth to approve the staff recommendations in the staff reports contained within the Consent Calendar with the exception of warrant number 201244, and items 7, 8, 10, 13, 17, 22, and 24. Motion carried unanimously 5-0. DISCUSSION OF ITEM E7. Approve single source vendor and total vendor expenditures for the purchase of Ready Mix Concrete, Rock and Sand from D & K Concrete in the amount not to exceed $65,000 annually, to be funded from Acct. No. 1001316-5200. Councilmember Howdyshell stated in the future he felt this should be competitively bid. MOTION: Moved by Howdyshell, seconded by Kurth to approve item E7. DISCUSSION OF ITEM E8. Approval of a Request from the Christian Okoye Foundation for a Waiver of Rental Fees for a Free Youth Holiday Event at the Rancho Cucamonga Epicenter and Adult Sports Complex on December 13, 2003. Councilmember Howdyshell stated this was a great program and would like a follow-up report to come back in the future. MOTION: Moved by Howdyshell, seconded by Kurth to approve item E8. Motion carried unanimously 5- 0. DISCUSSION OF ITEM El0. Approval of a Resolution adopting the Five-Year Capital Improvement Program for Fiscal Years 2003~04 through 2007108 and Twenty-Year Transportation Plan beginning in Fiscal Year 2002/03 as required for Measure "1" funds. City Council Minutes September 17, 2003 Page 10 Jack Lam, City Manager, stated there was an explanation requested for this item. A staff report was presented by Joe O'Neil, City Engineer. MOTION: Moved by Gutierrez, seconded by Howdyshell to approve item El0. Motion carried unanimously 5-0. DISCUSSION OF ITEM E17. Approval to accept the negotiated bid received and award and authorize the execution of the contract in the amount of $17,602,864.00 and authorize the expenditure of a 10% contingency in the amount of $1,760,286.00 to Douglas E. Barnhart, Inc. (CO 03-099), for the construction of the Rancho Cucamonga Central Park Senior/Community Center Project, to be funded from 2002 Park Bond Act Fund, Acct., No. 1237303-5650/1343237-0; RDA Fund, Acct. No. 2650801-565011343650-0; CDBG Fund, Acct. No. 1204314-5650/1330204-0; Federal Grant Fund, Acct. No. 1239303-5650/1330239-0; 2000 Park Bond Act Fund, Acct. No. 1236303- 5650/1343236-0; Park Development Fund, Acct. No. 1120305-5650/1343120-0; Lewis Grant Fund, Acct. No. 1240303-5650/1343240-0; and authorize the appropriation of $4,702.00 into Acct. No. 1236303-5650/1343236-0. A staff report was presented by Kevin McArdle, Community Services Director. Kevin Collins, Gordon Williams - the second apparent lowest bidder, stated a letter was sent to the Council earlier and would now like to go into more detail. He stated he felt the City should check further into the qualifications submitted for Barnhart. He commented on the contractor's license law and how it relates to subcontractors. He felt some of the subs were not identified, and felt this project would not be done by qualified subcontractors. He felt the work for this project should be done by qualified subcontractors. He felt Barnhart was not playing by the rules. He asked that the Council postpone the award of this contract until some of his questions are answered. Mark Williams, Gordon & Williams, stated he felt Barnhart was bid shopping. He stated Barnhart only listed 14 bidders compared to their 24. He felt all of their subs are not listed so they can shop later to get cheater bids. He stated Barnhart wants to break the listing threshold. He felt if this project is awarded to the lowest bidder, the City would not get a quality project. Eric Stenman, Counsel for Barnhart, stated they support staff's recommendation and felt this was a very good big process. He stated Gordon & Williams was the second lowest bidder. He commented on some of the major projects Barnhart has been involved with, and stated they are proud of their work and glad to be part of the City's team. James Markman stated these comments have been taken seriously and we appreciate them. He still felt this should be awarded to the lowest bidder. Councilmember Kurth stated the documentation has been rooked over thoroughly and felt the City should go with the lowest bidder. MOTION: Moved by Kurth, seconded by Williams to approve item E17. Motion carried unanimously 5-0. A recess was taken at 9:27 p.m. The meeting was called back to order at 9:38 p.m. with all Councilmembers present. City Council Minutes September 17, 2003 Page 11 Discussion of item E22. Approval to accept the bids received and award and authorize the execution of a contract to the apparent Iow bidder (CO 031-104), in the amount of apparent Iow bidder's bid amount, and authorize the expenditure of a 10% contingency for the 12 kV Electrical Substation Project to be located at the southeast corner of Rochester Avenue and Stadium Parkway to serve the property within the Victoria Arbors Master Plan area designated as part of the Rancho Cucamonga Municipal Utility's service area, to be funded from Capital Reserve funds, Acct. No. 10250015650/1382025-0 and appropriate the total of the base contract amount plus 10% contingency to Acct. No. 10250015650/1382025-0 from Capital Reserve fund balance. A staff report was presented by Joe O'Neil, City Engineer. MOTION: Moved by Howdyshell, seconded by Kurth to approve item E22. Motion carried unanimously 5-0. Discussion of item E24. Approval to accept the Day Creek Park Project from Rancho Etiwanda 685, LLC (Sun Cai Companies) as complete, authorize the filing of a Notice of Completion, release the Faithful Performance Bond, accept the Maintenance Bond, and record the Grant Deed for the property, Councilmember Howdyshell stated there are still dead palm trees there. Joe O'Neil, City Engineer, stated they will be replaced. Councilmember Howdyshell asked if the Faithful Performance Bond is going to be released. Joe O'Neil, City Engineer, stated they still have the Labor and Materials Bond. MOTION: Moved by Howdyshell, seconded by Kurth to approve item E24. Motion carried unanimously 5-0. F. CONSENT ORDINANCES Fl. GENERAL PLAN AMENDMENT DRC2003-00395 - KB HOME- The proposed amendment of approximately 4 acres from Open Space/Park and approximately 4 acres of General Commercial (approximately 8 acres total) to Medium-High Residential (14-24 dwelling units per acre), ~ocated at the northeast corner of Milliken Avenue and Church Street - APN: 0227-151-73, 74, 75, and 0227-811-03. Related Files: Development Review DRC2003-00394, Terra Vista Community Plan Amendment DRC2003-00396 and Tentative Tract Map SUBTT16512. On July 16, 2003, the City Council adopted a Mitigated Negative Declaration for a Purchase and Sale Agreement, Terra Vista Community Plan Amendment DRC2003-00396, Tentative Tact Map SUBTT16512, Development Review DRC2003-00394, and this General Plan Amendment. The California Environmental Quality Act provides that no further environmental review or Negative Declaration is required for subsequent projects within the scope of a previous Negative Declaration. TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2003-00396 - KB HOME - The proposed amendment of approximately 4 acres from Open Space/Park and approximately 4 acres of Recreation Commercial (approximately 8 acres total) to Medium-High Residential (14-24 dwelling units per acre) of the Terra Vista Community Plan, located at the northeast corner of Milliken Avenue and Church Street - APN: 0227-151-73, 74, 75 and 0227-811-03. Related Files: Development Review DRC2003-00394, General Plan Amendment DRC2003-00395, and Tentative Tract Map SUBTT16512. On July 16, 2003, the City Council adopted a Mitigated Negative Declaration for a Purchase and Sale Agreement, General City Council Minutes September 17, 2003 Page 12 Plan Amendment DRC2003-00395, Tentative Tract Map SUBTT16512, Development Review DRC2003- 00394, and this Terra Vista Community Plan Amendment. The California Environmental Quality Act provides that no further environmental review or Negative Declaration is required for subsequent projects within the scope of a previous Negative Declaration. Addressing the City Council was: John Lyons felt the City is overbuilding with too many apartments and did not feel this project should be approved. Councilmember Kurth stated he agreed with Mr. Lyons and did not feel there should be more apartments built, but that we should also follow the General Plan. Brad Buller, City Planner, stated this is not for apartments, just a higher density. He stated this is consistent with the General Plan and the Terra Vista Plan. Mayor Alexander felt the City should be flexible to allow for affordable homes for everyone. Debra J. Adams, City Clerk, read the titles of Ordinance Nos. 715 and 716. ORDINANCE NO. 715 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT DRC2003-00395, A PROPOSED AMENDMENT OF APPROXIMATELY 4 ACRES OF OPEN SPACE AND APPROXIMATELY 4 ACRES OF GENERAL COMMERCIAL (APPROXIMATELY 8 ACRES TOTAL) TO MEDIUM-HIGH RESIDENTIAL (14-24 DWELLING UNITS PER ACRE), LOCATED AT THE NORTHEAST CORNER OF MILLIKEN AVENUE AND CHURCH STREET WITHIN THE TERRA VISTA COMMUNITY PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0227-151-73, 74 & 75 AND 0227-811-03 ORDINANCE NO. 716 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2003-00396, A PROPOSED AMENDMENT OF APPROXIMATELY 4 ACRES OF PARK AND APPROXIMATELY 4 ACRES OF RECREATIONAL COMMERCIAL (APPROXIMATELY 8 ACRES TOTAL) TO MEDIUM-HIGH DENSITY RESIDENTIAL (14-24 DWELLING UNITS PER ACRE), LOCATED AT THE NORTHEAST CORNER OF MILLIKEN AVENUE AND CHURCH STREET, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: - 0227-151-73, 74 & 75 AND 0227-811-03 MOTION: Moved by Gutierrez, seconded by Kurth to waive full reading and approve Ordinance Nos. 715 and 716. Motion carried unanimously 5-0. City Council Minutes September 17, 2003 Page 13 II G. ADVERTISED PUBLIC HEARINGS II Gl. CONSIDERATION OF PUBLIC INTEREST1 CONVENIENCE AND NECESSITY IN GRANTING A TAXICAB SERVICE PERMIT TO AAA INLAND EMPIRE CAB (CONTINUED FROM AUGUST 6, 2003) Jack Lam, City Manager, stated the applicant has requested this be continued to November 19, 2003 at 7:00 p.m. MOTION: Moved by Kurth, seconded by Howdyshell to continue the item to November 19, 2003. Motion carried unanimously 5-0. II H. PUBLIC HEARINGS II No Items Submitted. I. CITY MANAGER'S STAFF REPORTS I1. DISCUSSION OF ESTABLISHING A JOB CENTER TO ADDRESS DAY LABOR ISSUES Staff report presented by Duane Baker, Assistant to the City Manager. Deputy Bob Harm also presented information about this project telling what they face with the day laborers. He encouraged the Council to vote for the job center. Councilmember Kurth felt it is a terrible problem and asked what the City's liability would be if this is approved. James Markman, City Attorney, stated they have researched this and did not feel it would be a problem for the City. Councilmember Kurth felt this would certainly help the day laborer situation. Councilmember Williams asked if there was assurance that these people will not get raided while they are sitting there waiting for a job. Deputy Harm stated that will not happen. He stated INS focuses on the borders, not something like this. James Markman, City Attorney, stated he has seen this in other cities and that it does work. Mayor Alexander asked if Ontario or Upland has offered to get involved with this. Duane Baker, Assistant to the City manager, stated they have not offered monetary help. He felt Upland would be cooperative because they are so close to the area. Mayor Alexander asked if the Mexican Consul is aware of this. City Council Minutes September 17, 2003 Page 14 Duane Baker, Assistant to the City Manager, stated yes. Jack Lam, City Manager, stated day laborers are hard workers and are willing to work. He stated this creates a safer community. Councilmember Gutierrez stated in the early 90's it was not very popular with some of the Councilmembers, but stated he supports this program and felt it was a solution. Mayor Alexander opened the meeting for public input. Addressing the City Council were: Wil Wright asked if they talked to Laguna Beach. Duane Baker, Assistant to the City Manager, stated Deputy Harm had. Mr. Wright felt there are laws and that the day laborers are protected. He felt the public should be educated on laws when hiring these people. Deputy Harm stated the City can be present when a contractor and a laborer get together, and that this will help to prevent the laborers from getting paid below minimum wage. James Markman, City Attorney, stated if someone doesn't pay someone for the work, they would never be able to hire another day laborer again because the word would get out. Councilmember Gutierrez stated that situation occurs because people go down to this area to hire people to work. He felt the job center would take care of that problem. Veronica Federovsky, West Coast Coordinator for the National Day Laborer Organizing Network, stated they work with the day laborers. She stated she did not feel this is an immigration issue and felt this program was for the safety of the community. Augustine Corrale, Mexican / American Legal Defense & Education Fund, did not feel the solutions that Deputy Harm suggested would work. He felt the workers need to get behind the center to make it successful. MOTION; Moved by Kurth, seconded by Williams to direct staff to develop a job center. Motion carried unanimously 5-0. [I J. COVSC L BVS SS [ 31.PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATF ACTION: Report received and filed. J2. DISCUSSION OF FUTURE LEGISLATIVE INITIATIVER (Oral) Councilmember Williams stated at this year's League of Cities Conference it was discussed how cities can protect their funds through a ballot initiative. She stated all of the cities in California feel the legislature needs to stop taking money from the cities. She stated the money to move forward with this initiative will all be paid by private funds. She stated the cities at the League Conference voted to move forward with this to protect their communities. City Council Minutes September 17, 2003 Page 15 J3. Councilmember Williams announced that Kathleen McDonald has been named the Director of LAFCO. ][ K. IDENTIFICATION OF ITEMS FOR THE NEXT MEETING No items were identified for the next meeting. L. PUBLIC COMMUNICATIONS No communication was made from the public. MOTION: Moved by Gutierrez, seconded by Kurth to adjourn in the memory of Aubrey Campbell. Motion carried unanimously 5-0. The meeting adjourned at 10:40 p.m. ubmitted, Debra J. A~ City Clerk Approved: October 1, 2003