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HomeMy WebLinkAbout2004/03/03 - Minutes March 3, 2004 CITY OF RANCHO CUCAMONGA CITY COUNCIL CLOSED SESSION MINUTES The Rancho Cucamonga City Council held a closed session on Wednesday, March 3, 2004, 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, Donald J. Kurth, M.D., Diane Williams and Mayor William J. Alexander. Absent was Councilmember: Robert J. Howdyshell Also present were: Jack Lam, City Manager; Pamela Easter, Deputy City Manager; James Markman, City Attorney; Linda D. Daniels, Redevelopment Agency Director; and Joe O'Neil, City Engineer. II B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) I 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) I] No communication was made on the closed session item. D. CONDUCT OF CLOSED SESSION The closed session began at 5:35 p.m. E. RECESS The closed session recessed at 6:43 p.m. with no action taken. City Council Minutes March 3, 2004 Page 2 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meetinq II m. CALL TO ORDER II A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, March 3, 2004, 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 7:08 p.m. Present were Councilmembers: Rex Gutierrez, Donald J. Kurth, M.D., Diane Williams and Mayor William J. Alexander. Absent was Councilmember: Robert J. Howdyshell Aisc present were: Jack Lam, City Manager; James Markman, City Attorney; Linda D. Daniels, RDA Director; Larry Temple, Administrative Services Director; Joe Kamrani, Sr. Information Systems Analyst; Sam Davis, Information Systems Specialist; Jon Gillespie, Traffic Engineer; Brad Buller, City Planner; Emily Wimer, Assistant Planner; Kevin McArdle, Community Services Director; Dave Moore, Recreation Superintendent; Paula Pachon, Management Analyst [11; Bill Pallotto, Recreation Supervisor; Captain Pete Ortiz, Rancho Cucamonga Police Department; Fire Chief Dennis Michael and Battalion Chief Peter Bryan, Rancho Cucamonga Fire Protection District; Duane Baker, Assistant to the City Manager; Michelle Dawson, Management Analyst III; Kimbedy Thomas, Management Analyst II; Shirr'[ Griffin, Office Specialist II - City Clerk's Office; and Debra J. Adams, City Clerk. I[ B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of a Proclamations and Certificates of Recognition to the "Grand Prix Fire" and Recovery Donors and Volunteers. Mayor Alexander, assisted by staff members Dave Moore, Recreation Superintendent; BilI Pallotto, Recreation Supervisor; Paula Pachon, Management Analyst III; and Kimberly Thomas, Management Analyst II, presented the Proclamations and Certificates of Recognition to representatives from Chaffey Joint Union High School District, Los Osos High School, Rancho Cucamonga High School, Etiwanda High School, Calvary Chapel, Cucamonga Valley Water District, Target, Subway, Papa John's Pizza and Alta Loma Riding Club. B2. Presentation of Proclamations to the Fontana High School Government Club for their civic education fundraising efforts. Mayor Alexander and Councilmember Gutierrez presented the Proclamations to the Fontana High School Government Club. City Council Minutes March 3, 2004 Page 3 C. PUBLIC COMMUNICATIONS Gl. Earl Anderson thanked the City crews for providing assistance to he and his neighbors on Bella Vista during the recent rainstorm. He felt his neighborhood was once again threatened by flooding. He asked again to get the storm channel extended 600' to protect them from future flooding. He asked the Council and City Engineer to keep on working towards this. C2. John Lyons talked about the elections that occurred Tuesday, March 2. m. COUNCIL COMMUNICATIONS D1. Councilmember Kurth stated he went to one of the fundraisers for the kids from Eontana and talked about how exciting it was. He thanked Councilmember Gutierrez for his work with this project. D2. Councilmember Williams commented on the Etiwanda High School Basketball Team and their win over Lancaster. She stated they are going to play Long Beach Poly for the championship this Saturday. She congratulated them on their accomplishments. D3. Councilmember Gutierrez stated he has been working with some of the neighbors in the South Cucamonga area on the street vendor issue. He stated they are trying to resolve this problem to make everyone happy. He stated he got some complaints about a shed that was being built in the Deer Creek area because it was too large. He asked for people to be good neighbors. He mentioned that people continue to speed on City streets and that it is a problem. He asked people to slow down and obey traffic laws. He stated he has also been working on some problems at the Alta Vista Mobile Home Park with Police Chief Pete Ortiz. He thanked the many people that helped support his class so the kids can go to Washington, D.C. and New York. E. CONSENT CALENDAR El. Approval of Warrants, Register February 10, 2004 through February 25, 2004, and Payroll ending February 25, 2004, for the total amount of $7,842,435.54. E2. Approval to authorize the advertising of the "Notice Inviting Bids" for the Construction of Tratfic Signals and Safety Lighting at Los Osos High School, to be funded from Acct. No. 11243035650/1415124-0 (Transportation Funds). RESOLUTION NO. 04-059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT LOS OSOS HIGH SCHOOL IN SAID CiTY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS City Council Minutes March 3, 2004 Page 4 E3. Approval for the purchase of two (2) 2004 Ford Explorers from Fritts Ford of Riverside in the amount of $45,256.38; one(l) 2004 Ford Ranger truck from Ramsey Street Ford of Banning in the amount of $12,648.39; and one (1) 2004 Ford F-350 4X4 super cab truck from Raceway Ford of Riverside in the amount of $28,468.09, funded from the EquipmentJVehicle Replacement Fund 1712-001-5604. E4. Approval of a Resolution approving the application for California Beverage Container Recycling and Litter Reduction Annual Payment by the California Department of Conservation Division of Recycling. RESOLUTION NO. 04-060 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPLICATION FOR CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ANNUAL PAYMENT BY THE CALiFORNiA DEPARTMENT OF CONSERVATION DIVISION OF RECYCLING E5. Approval of a request from the Christian Okoye Foundation for a Waiver of Rental Fees for a Free Youth Football/Soccer Clinic at the Rancho Cucamonga Epicenter and Adult Sports Complex (soccer fields) on April 24, 2004. E6. Approval to Ordering the Annexation to Landscape Maintenance District No. 9 and Street Lighting Maintenance District Nos. 1 and 8 for Tract No. 16279-1, located on the north and south side of Highland Avenues, submitted by Toll Brothers Land Development - APN: 227-051-01, 04-, 05, 06, 09 and 227- 061-05. RESOLUTION NO. 04-061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 9 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 8 FOR TRACT MAP 16279-1 E7. Approval of Improvement Agreement, Improvement Securities and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for DRC2002-00606, located on the west side of Hermosa Avenue, south of 8th Street and north of 7~h Street, submitted by Fairway Business Center on Milliken. RESOLUTION NO. 04-062 A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND iMPROVEMENT SECURITY FOR DRC2002-00606 RESOLUTION NO. 04-063 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 DRC2002-00606 E8. Approval of Map(s), improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Light Maintenance District Nos. I and 6 for Parcel Map(s) 16123, 16124 and 16125, located on the east side of Haven Avenue, south of Arrow Route and on the west side of Monroe Court, cul-de-sac north of Jersey Boulevard. City Council Minutes March 3, 2004 Page 5 RESOLUTION NO. 04-064 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 16123, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO. 04-065 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 16123 RESOLUTION NO. 04-068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 16124, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO. 04-067 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 16124 RESOLUTION NO. 04-068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 16125, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO. 04-069 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 16125 E9. Approval of Map, Improvement Agreement, Improvement Securities, Monumentation Cash Deposit and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Light Maintenance District Nos. 1 and 2 for Tract Map 16432, located at the southwest corner of 19th Street and Amethyst Street, submitted by Cucamonga Ventures, LLC. RESOLUTION NO. 04-070 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP 16432, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT City Council Minutes March 3, 2004 Page 6 RESOLUTION NO. 04-071 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 MAP 16432 El0. Approval to award a contract to American Landscape Companies (CO 04-016) for the Central Park Landscape and Irrigation Project in the amount of $1,419,799.30, and authorize the expenditure of a 10% contingency to be funded from Park Development Acct. No. 1120305-5650/1343120-0 and 2002 Park Bond Act/Per Capita/RZH Funds Acct. No. 1238303-5650/1343238-0. Ell. Approval for award and execution of Professional Services Agreement in the amount of $162,500.00 to Dan Guerra and Associates (CO 04-017), and authorize the expenditure of a 10% contingency in the amount of $16,250.00 for construction survey and administration services for Phase lB(b), lB(c), lB(d), and lB(e) of CFD 2001-01, to be funded from Fund 612 - CFD 2001-01, Acct. No. 16123035300/1442612-0. E12. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $243,432.00 to the apparent Iow bidder, Laird Construction Co., Inc. (CO 04-018), and authorize the expenditure of a 10% contingency in the amount of $24,343.20 for the Local Street Pavement Reconstruction north of 19t" Street, east of Haven Avenue, to be funded from Measure "l" funds, Acct. No. 11763035650/1377176-0. E13. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $78,868.00 to the apparent iow bidder, Nature Tech Landscaping, Inc. (CO 04-019), and authorize the expenditure of a 10% contingency in the amount of $7,886.80 for the Highland Avenue Landscape Improvements east of Day Creek Boulevard, to be funded from Beautification funds, Acct. No. 1110316565011103165650/1454110-0 from Beautification fund balance. E14. Approval of Reimbursement Agreement for Undergrounding of Overhead Utilities for CUP 00-33 (CO 04-020), located on/1454110-0 and appropriate an additional amount of $8,500.00 to Acct. No. the north side of 19~' Street between Hellman Avenue and Amethyst Street, submitted by Hix Development Corporation, URA-019. RESOLUTION NO. 04-072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING REIMBURSE-MENT AGREEMENT FOR THE UNDERGROUNDING OF EXISTING OVERHEAD UTILITIES FOR A PORTION OF 19TM STREET BETVVEEN HELLMAN AVENUE AND AMETHYST STREET E15. Approval to increase the scope of the existing Professional Services Agreement to Kleinfetder, Inc., (CO 03-114) to provide additional testing and inspection services for concrete and asphalt materials for the Construction of the Rancho Cucamonga Central Park SeniodCommunity Center Project in an amount not to exceed $40,000, to be funded from Acct. No. 1120305-5650/1343120-0. E16. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for Improvements for Tract 14494-1, located on the north side of Banyan Street, west of Day Creek Boulevard, submitted by US Home Corporation. City Council Minutes March 3, 2004 Page 7 RESOLUTION NO. 04-073 A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 14494-1 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E17. Approval to accept Improvements, release the Faithful Pedormance Bond, accept a Maintenance Bond, and file a Notice of Completion for Improvements for Tract 15902, located at the southeast corner of Day Creek Boulevard and Banyan Street, submitted by US Home Corporation. RESOLUTION NO. 04-074 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 15902 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E18. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for Improvements for Tract 16193, submitted by Empire Homes, located on the southeast corner of Hillside Drive and Hermosa Avenue. RESOLUTION NO. 04-075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16193 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E19. Approval to accept the Banyan Street Widening from Rochester Avenue to 2000' west, Contract No. 03-050 as complete, approval to appropriate $30,756.67 to Acct. No. 11763035650/1407176-0 from Measure "1" fund balance, 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 $352,600.06. RESOLUTION NO. 04-076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE BANYAN STREET WIDENING FROM ROCHESTER AVENUE TO 2000' WEST, CONTRACT NO. 03-050 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Kurth, seconded by Gutierrez to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 4-0-1 (Howdyshell absent). City Council Minutes March 3, 2004 Page 8 F. CONSENT ORDINANCES Fl. APPROVAL OF AN ORDINANCE PROVIDING A ONE-YEAR EXTENSION TO THE TiME LIMIT ON THE EFFECTIVENESS OF THE REDEVELOPMENT PLAN AND THE TIME LIMIT TO REPAY INDEBTEDNESS OR RECEIVE PROPERTY TAXES PURSUANT TO HEALTH AND SAFETY CODE SECTION 33354.6 OR ARTICLE 12, AND AMENDING THE REDEVELOPMENT PLAN TO PROVIDE NO TIME LIMIT ON THE ESTABLISHMENT OF LOANS, ADVANCES AND INDEBTEDNESS PAID FROM THE REDEVELOPMENT AGENCY'S LOW AND MODERATE INCOME HOUSING FUND OR ESTABLISHING ADDITIONAL DEBT IN ORDER TO FULFILL THE AGENCY'S AFFORDABLE HOUSING OBLIGATIONS Debra J. Adams, City Clerk, read the title of Ordinance No. 721. ORDINANCE NO. 721 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CERTAIN TIME LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE RANCHO REDEVELOPMENT PROJECT PURSUANT TO THE PROVISIONS OF HEALTH AND SAFETY CODE SECTION 33333.6 MOTION: Moved by Kurth, seconded by Williams to waive full reading and approve Ordinance No. 721. Motion carried unanimously 4-0-1 (Howdyshell absent). II o. ADVERTISED PUBLIC HEARINGS No items submitted. II H. PUBLIC HEARINGS No items submitted. [[ I. CITY MANAGER'S STAFF REPORTS No items submitted. City Council Minutes March 3, 2004 Page 9 l[ J. Co C,L Bus, ss II J1. LEGISLATIVE UPDATE - (Oral Report) Councilmember Williams stated last week she, City Manager Jack Lam, Fire Chief Dennis Michael and Management Analyst III Michelle Dawson went to Washington, D.C. to ask our representatives for funding considerations for some projects and programs. She stated one of those projects was the West End Communications Authority (WECA) program. She stated they also asked for homeland security funding, funds for senior transportation and funds for the library technology center. K. IDENTIFICATION OF ITEMS FOR THE NEXT MEETING No items were identified for the next meeting. ] L. PUBLIC COMMUNICATIONS L1. REQUEST BY WILLIAM TRUDEAU TO CHANGE CITY'S ROOFING ORDINANCE TO ALLOW HOMEOWNER THE OPPORTUNITY TO CHOOSE BETWEEN MULTIPLE TYPES OF ROOFING PRODUCTS (CONTINUED FROM FEBRUARY 18, 2004) William Trudeau, 6275 Celestito Avenue stated he went to the City to get information on a new roof because he had roof leaks at his home. He was told the City currently only approves tile roofs. He stated he did not agree with this and that he had a petition from his neighbors that he was submitting for the record, which was in support of asphalt shingle roofs and also the freedom to choose the material you desire for your roof. He stated exceptions to the City's regulations exist at a home on Hidden Farm and a house on the top of Carnelian, which is Sam Maloof's home. Rob Dewart, CertainTeed Roofing Company, had a power point presentation that he gave for the Council. He asked that the City Council allow all types of the asphalt shingles. Mr. Trudeau felt the asphalt shingles would be stronger than tile roofs and there would not be the breakage you have with the tile roofs. He stated the City's standards state if you have a composition roof you can replace it with another composition material. Mayor Alexander asked him what his experience has been with various types of roofing materials while fighting fires as a fire fighter. Mr. Trudeau stated the tile roofs are slippery and there is more breakage with that type. He asked that the Council consider his request and get back to him. Mayor Alexander stated he felt people in the community have the right to choose. He mentioned the Maloof House having the asphalt shingle roof. He felt the City needs to consider the aesthetics and safety. He asked what the code sections were that applied to this. City Council Minutes March 3, 2004 Page 10 Brad Buller, City Planner, stated 17.08.060 and 17.08.090. He stated this states there is no composition roof allowed after February 2001 when this matter was last heard by the Council. Mr. Trudeau felt the code Mr. Buller read was for accessory structures. He stated he did not feel anyone on his street had a problem with composition shingles. Brad Bullet, City Planner, stated these code sections are not just for accessory structures. He added any new house in the City has to use tile or imitation tile per the code requirements from 2001. Mayor Alexander stated he does believe in choice, but asked if any of his colleagues would consider this be sent to the Planning Commission to study with a recommendation back to the Council. Councilmember Kurth stated he feels quality is important, but didn't necessarily care what people use. He did not see a problem with someone looking at this that has more experience than he does. Councilmember Gutierrez stated he would like for the Planning Commission to study this more and then bring back information to the Council. Councilmember Williams stated she doesn't have any problems with looking at it, but felt the flavor or theme of a neighborhood should also be considered. Mayor Alexander asked what happens when someone wants to paint their house pink. Brad Buller, City Planner, stated there is no code against this. Councilmember Williams stated the City should not do away with all of its code and restrictions. Mayor Alexander stated this is his point, if there are not codes against painting your house any color, there should not be codes against the type of roofing materials used. Councilmember Gutierrez stated he would tike to explore this. Councilmember Kurth stated he supports choice, but did not want to lower the City's standards. He felt things should be looked at. Mayor Alexander felt the times and materials have changed and that we should not be closed minded about this. Councilmember Kurth commended Mr. Trudeau for his work in bringing this to the Council Mr. Trudeau stated this is America and people should have the choice. ACTION: Referred to the P~anning Commission to further consider with a report to come back to the Council at a future meeting. City Council Minutes March 3, 2004 Page 11 MOTION: Moved by Williams, seconded by Kudh to adjourn. Motion carried unanimously 4-0-1 (Howdyshell absent). The meeting adjourned at 9:03 p.m. Respectfully submitted, City Clerk Approved: March 17, 2004