HomeMy WebLinkAbout2004/04/07 - Minutes April 7, 2004
CITY OF RANCHO CUCAMONGA
CITY COUNCIL CLOSED SESSION MINUTES
The Rancho Cucamonga City Council held a closed session on Wednesday, April 7, 2004, in the Tapia
Room of the Civic Center located at 10500 Civic Center Drive, Rancho Cueamonga, 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; Pamela Easter, Deputy City Manager; James Markman,
City Attorney; and Joe O'Neil, City Engineer.
l] B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) I
Mayor Alexander announced the closed session items.
B1. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY OWNED BY BEST CALIFORNIA GAS, LTD., APN: 227-131-060; JOSEPH
O'NEIL, CITY ENGINEER, NEGOTIATING PARTY, REGARDING STATUS OF NEGOTIATIONS AND
INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE - CITY
B2. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY OWNED BY BASELINE & b15 PROPERTIES, APN: 227-131-059; JOSEPH
O'NEIL, CITY ENGINEER, NEGOTIATING PARTY, REGARDING STATUS OF NEGOTIATIONS AND
INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE - CITY
B3. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY OWNED BY MOHSEN GHANEIAN AND CIRCUIT CORPORATION, APN:
227-131-54 AND 061; JOSEPH O'NEIL, CITY ENGINEER, NEGOTIATING PARTY, REGARDING
STATUS OF NEGOTIATIONS AND INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE -
CITY
B4. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) REGARDING STATUS OF AND SETTLEMENT NEGOTIATIONS ON THE EMINENT
DOMAIN PROCEEDING TITLED CITY OF RANCHO CUCAMONGA V SOUTHERN CALIFORNIA
EDISON COMPANY, ET AL, SAN BERNARDINO COUNTY SUPERIOR COURT CASE NO. ROV
067792.
[1 C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) I
No communication was made on the closed session item.
City Council Minutes
April 7, 2004
Page 2
[ D. CONDUCT OF CLOSED SESSION
The closed session began at 5:35 p.m.
The closed session recessed at 6:41 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, April 7, 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, 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; Mike Nelson, Sr. Redevelopment Agency Analyst; James C. Frost, City Treasurer; Larry
Temple, Administrative Services Director; Sid Siphomsay, Information Systems Analyst; Shelly Munson,
Information Systems Specialist; Dawn Haddon, Purchasing Manager; Joe O'Neil, City Engineer; Brad
Buller, City Planner; Tom Grahn, Associate Planner; Donald Granger, Assistant Planner; Trang Huynh,
Building Official; Kevin McArdle, Community Services Director; Paula Pachon, Management Analyst III;
Deborah Clark, Library Director; 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 il; Kathy Scott, Deputy City Clerk; and Debra J. Adams, City
Clerk.
B1. Presentation of a Proclamation in recognition of "National Library Week" and update on Telethon
2004.
The City Council presented the Proclamation to Deborah Clark, Library Director.
City Council Minutes
April 7, 2004
Page 3
Deborah Clark, Library Director, talked about the new Library at the Cultural Center and also talked about
the upcoming Library Telethon to take place April 16 - 18, 2004. She introduced Ray Wimberly, Library
Board President; Paul Williams, Library Foundation President; and Tony Mize, Community Foundation
President, and stated they were par~ of the PAL campaign, which is a campaign promoting arts and
literacy and is the backbone of the fundraising for the new cultural center, library and performing arts
theater. She then introduced Rebecca Davies.
Rebecca Davies, co-chair for the school's subcommittee for the PAL campaign, informed everyone about
the campaign and introduced her committee members.
Tony Mize, Community Foundation President, talked about the press conference that would be held
tomorrow morning at 10:00 at Lions Park, and that a substantial participation for the PAL campaign would
be announced.
[[ C. PUBLIC COMMUNICATIONS I
Cl. John Lyons felt the Bucks for Books campaign is a very good thing. He mentioned the fundraiser
that Councilmember Kudh was having tomorrow night for his campaign and that Congressman Gary
Miller is helping him out according to the invitation. Mr. Lyons stated once he contacted Congressman
Miller he said he is not involved with this, but that he only allowed Councilmember Kurth to use his name.
He also mentioned that Councilmember Kurth never retracted the false statement he made that he is
running for "re-election".
C2. John Shanahan wanted to talk about illegal immigration and an initiative about this. Re stated if
people would like more information about this they can go to www.save187.com. He stated people can
also access the petition from this website so it can be mailed back.
II ~,. COUNCIL COMMUNICATIONS I
D1. Councilmember Howdyshell wanted to recognize Lois May Smith from the League of Women Voters
and thanked her for her participation at the Council meetings. He stated he wanted to salute Karen
Brown from Banyan School for being such a great teacher in the community.
D2. Councilmember Gutierrez stated he attended the grand opening of Ralph's Market at Highland and
Day Creek and how wonderful it was to see so many people out to support it. He also commented that
Ralph's donated $500 to many of the school's music programs in the community.
D3. Councilmember Kurth commented on the progress of the mall and all the work going on in Central
Park. He stated yesterday he attended the grand opening of a Noodle Company. He added he felt more
fields were needed for the sports teams.
D4. Councilmember Williams talked about the performance of the Etiwanda Intermediate School jazz
band at the Ralph's Market opening. She stated they were invited to a Texas Jazz Festival and what a
great job they do. She stated some of the Councilmembers toured the Olen Jones Apartments last week
and what a wonderful facility this is for those age 55 and over. She stated she went to the Sheriff's Award
Recognition Dinner and talked about the award presented to Jodi Miller from the Rancho Cucamonga
Station because of her car seat program.
City Council Minutes
April 7, 2004
Page 4
II CONSENT CALENDAR II
El. Approval of Minutes: March 17, 2004
E2. Approval of Warrants, Register 3/6/2004 through 3/25/2004 and Payroll ending 3/25/2004, for the
total amount of $7,454,114.36.
E3. Approval of plans, specifications and estimates and to authorize the advertising of the "Notice Inviting
Bids" for improvements in Phase lB(E) of Community Facilities District 2001-01, including landscaping
and amenities on Arbor Lane between Church Street and the northerly terminus of Arbor Lane, to be
funded from Account Number 16123035650/1442612-0.
RESOLUTION NO. 04-103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PLANS AND
SPECIFICATIONS FOR THE CONSTRUCTION OF IMPROVEMENTS IN
PHASE lB(E) OF COMMUNITY FACILITIES DISTRICT 2001-01,
INCLUDING LANDSCAPING AND AMENITIES ON ARBOR LANE
BETWEEN CHURCH STREET AND THE NORTHERLY TERMINUS OF
ARBOR LANE, IN SAID CITY AND AUTHORIZING AND DIRECTING
THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS
E4. Approval to appropriate $178,750 for construction survey services for CFD 2001-01 - Phase 1Bb
(north side of Foothill Boulevard west of Day Creek Boulevard, Phase 1Bc (Phase lA Sidewalk &
Landscape), Phase 1Bd (Church Street/Etiwanda Avenue Traffic Signal) and Phase 1Be (Arbor Lane
Landscaping) to be funded from CFD 2001-01 funds, Acct. No. 16123035300/1442612-0.
E5. Approval to authorize a "YES" vote for each city-owned parcel for the Mosquito Control and Disease
Prevention Measure by the West Valley Mosquito and Control District.
E6. Approval for the purchase of two (2) 2004 Ford Explorers from Fritts Ford of Riverside in the amount
of $45,256.38, funded from the Code Enforcement Grant Program (CEGP), Fund. 1244-302-5604.
REMOVED FOR DISCUSSION BY HOWDYSHELL.
E7. Approval of the purchase of steel pipe and related appurtenances associated with water
improvements to be constructed by Phases lB(B), 3B(A), and 3B(B), of Community Facilities Districts
2001-01 and 2003-01, from West Coast Pipe Linings, Inc., for the amount of $116,420.00 and from Inland
Water Works Supply Co. for the amount of $49,250.00, to be funded from Acct. Nos.
16123035650/1442612-0 and 16143035650/1442614-0. REMOVED FOR DISCUSSION BY
HOWDYSHELL.
E8. Approval of a Resolution in support of an Application for Senior Supportive Services Older American
Act Title III-B Grant Funds for senior services that promote socialization.
RESOLUTION NO. 04-104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING APPLICATION FOR
SENIOR SUPPORTIVE SERVICES FOR OLDER AMERICAN ACT TITLE
III-B GRANT FUNDS FOR SENIOR SERVICES THAT PROMOTE
SOCIALIZATION
City Council Minutes
April 7, 2004
Page 5
E9. Approval of sole source vendor selection for the purchase of parts, supplies, and services for the
Vactor Storm Drain truck, Elgin Street Sweepers, and Mobile Street Sweeper from Haaker Equipment
Company of Pomona for an annual total not to exceed $35,000 for fiscal year 2003/04, with an option to
renew annually after review and confirmation of pricing, for additional one year periods, up to a total of
three years, to be funded from 1006-303-5250 ($10,000) and 1001-317-5250 ($25,000). REMOVED
FOR DISCUSSION BY HOWDYSHELL
El0. Approval of Grant of Easement between City and Southern California Ed[son which grants Southern
California Ed[son access rights to its portion of the Arbors Electrical Substation located at 8275 Rochester
Avenue.
RESOLUTION NO. 04-105
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, TO APPROVE A GRANT OF EASEMENT
BETWEEN THE CITY OF RANCHO CUCAMONGA AND SOUTHERN
CALIFORNIA EDISON REGARDING THE ARBORS ELECTRICAL
SUBSTATION LOCATED AT 8275 ROCHESTER AVENUE
Ell. Approval of the purchase of irrigation systems repair parts from M & M Irrigation Supply, Inc., of
Corona, in an annual amount not to exceed $75,000 for the period of April 7, 2004 through April 6, 2005,
with an option to renew for additional one year periods upon review and confirmation of pricing and
mutual consent up to a total of three years, to be funded from Acct. Nos. 1001-316-5200 ($14,000); 1130-
303-5200 ($6,000); 1131-303-5200 ($8,700); 1133-303-5200 ($7,000); 1134-303-5200 ($9,100); 1136-
303-5200 ($1,000); 1137-303-5200 ($4,200); 1140-303-5200 ($1,000); 1700-201-5203 ($4,000); and
1848-303-5200 ($20,000).
E12. Approval of Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting
Maintenance District Nos. 1 and 6 for Parcel Map 15948, located on the north side of 6~h Street, east of
Archibald Avenue, submitted by Hartwell Corporation, a California Corporation, owner.
RESOLUTION NO. 04-106
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 15948
E13. Approval of Improvement Agreement, Improvement Securities and Ordering the Annexation to
Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 8 for
DRC2003-00869, located at the southwest corner of Haven Avenue and 6,h Street, submitted by Atlas
Development Corporation.
RESOLUTION NO. 04-107
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING THE IMPROVEMENT
AGREEMENT AND IMPROVEMENT SECURITIES FOR DRC2003-00869
RESOLUTION NO. 04-108
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF
CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT
NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1
AND 6 FOR DRC2003-00869
City Council Minutes
April 7, 2004
Page 6
E14. Approval of Map, Improvement Agreement, Improvement Security, Ordering the Annexation to
Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 3 for Parcel
Map No. 16033, located on the southeast corner of Day Creek Boulevard and Foothill Blvd., submitted by
O & S Holdings, LLC - APN: 0229-021-62, 63 and 64.
RESOLUTION NO. 04-109
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER
16033, IMPROVEMENT AGREEMENTS AND IMPROVEMENT
SECURITIES
RESOLUTION NO. 04-110
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF
CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT
NO. 3B AND STREET LIGHTING DISTRICT NOS. 1 AND 3 FOR
PARCEL MAP 16033
E15. Approval of Map, Improvement Agreement, Improvement Security, Ordering the Annexation to
Landscape Maintenance District No. 2 and Street Lighting Maintenance Nos. 1 and 3 for Tract No. 16374
located on the southeast corner of Base Line Road and Victoria Park Lane submitted by Standard Pacific
Corporation - APN Nos: 227-161-28, 31,33, 35, 36, 38 and 227-171-08, 11, 12, 20, 22, 23, 25.
RESOLUTION NO. 04-111
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER
16374, IMPROVEMENT AGREEMENTS, AND IMPROVEMENT
SECURITIES
RESOLUTION NO. 04-112
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. I AND
3 FOR TRACT 16374
E16. Approval of an At-Grade Crossing Agreement (with crossing signal equipment) between the City of
Rancho Cucamonga and the Burlington Northern and Santa Fe Railway Company (BNSF) (CO 04-034)
for the proposed widening improvements to the Sixth Street At-Grade Railroad crossing, CPUC Crossing
#002-98.10C, located east of Archibald Avenue and west of Lucas Ranch Road, across BNSF's right-of-
way designated as MP 98.10, LS 7600, DOT No. 026326R.
RESOLUTION NO. 04-113
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING AN AT-GRADE CROSSING
AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND
THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY
(BNSF), FOR THE PROPOSED WIDENING IMPROVEMENTS TO SIXTH
STREET AT-GRADE RAILROAD CROSSING, CPUC CROSSING #002-
98.10-C, LOCATED EAST OF ARCHIBALD AVENUE AND WEST OF
LUCAS RANCH ROAD, ACROSS BNSF'S RIGHT OF WAY,
DESIGNATED AS MP 98.10, LS7600, DOT NO. 026326R
City Council Minutes
April 7, 2004
Page 7
E17. Approval to accept the bids received and award and authorize the execution of the contract in the
amount of $74,236.21 to the apparent Iow bidder, Dye and Browning Construction, Inc. (CO 04-022), and
authorize the expenditure of a 10% contingency in the amount of $7,423.62 for the Beryl Community Trail
from Hillside Road to north of Almond Street, to be funded from Beautification funds, Acct. No.
11103035650/1436110-0.
E18. Approval of an agreement to dedicate an easement for road purposes for Jack Benny Drive through
the Edison power corridor to the west of Day Creek Channel, submitted by Southern California Edison on
behalf of the developer Guardian Storage Centers (CO-04 023 035).
RESOLUTION NO. 04-114
A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING AN AGREEMENT TO
DEDICATE AN EASEMENT FOR ROAD PURPOSES FOR DRCDR00-17
E19. Approval of a lease agreement between the City of Rancho Cucamonga and the West End Family
Counseling Services (CO 04-024) to establish an office use within the Norton-Fisher House.
RESOLUTION NO. 04-115
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING AN AGREEMENT
BETVVEEN THE CITY OF RANCHO CUCAMONGA AND THE WEST
END FAMILY COUNSELING SERVICES RELATING TO THE USE OF
THE NORTON-FISHER HOUSE AS AN OFFICE, AND MAKING
FINDINGS IN SUPPORT THEREOF, APN: 0227-131-24
E20. Approval of a Subordination Agreement (CO 04-025) from Russell L. and Jodi Kay for the property
located at 9232 Cottonwood Way (APN: 1062-111-08).
RESOLUTION NO. 04-116
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING A SUBORDINATION
AGREEMENT FROM RUSSELL L. AND JODI KAY AND AUTHORIZING
THE MAYOR AND CITY CLERK TO SIGN SAME
F21. Approval to accept the bids received and award and authorize the execution of the contract in the
amount of $250,770 to the apparent Iow bidder, Mobassaly Engineering, Inc. (CO 04-026), and authorize
the expenditure of a 10% contingency in the amount of $25,077 for the Grove Avenue Pavement
Rehabilitation from Arrow Route to Foothill Boulevard, to be funded from Measure "1" funds, Acct. No.
11763035650/1263176-0.
E22. Approval and execution of an agreement between San Bernard/no County Transportation Authority
(CO 04-027) and the City of Rancho Cucamonga for the establishment of responsibilities for the funding
to complete the remaining items of repair, design and construction of peripheral work relating to the Route
210 construction.
E23. Approval to accept the bids received and award and authorize the execution of the contract in the
amount of $193,049.00 to the apparent Iow bidder, Steiny and Company, Inc. (CO 04-028), and authorize
the expenditure of a 10% contingency in the amount of $19,304.90 for the Traffic Signals and Safety
Lighting at Los Osos High School, to be funded from Transportation funds, Acct. No.
11243035650/1415124-0 and appropriate an additional amount of $92,500.00 to Acct. No.
11243035650/1415124-0 from Transportation fund balance.
City Council Minutes
April 7, 2004
Page 8
E24. Approval of Improvement Agreement Extension for Tract 15724, located on the south side of Terra
Vista Parkway, east of Coyote Canyon Park, submitted by KB Home Greater Los Angeles, Inc.
RESOLUTION NO. 04-117
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT
AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR
TRACT 15724
E25. Approval of Improvement Agreement Extension for Tract 16264, located on the south side of
Mountain View Drive between Milliken Avenue and Terra Vista Parkway, submitted by KB Home Greater
Los Angeles, Inc.
RESOLUTION NO. 04-118
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT
AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR
TRACT 16264
E26. Approval to accept Improvements, release the Faithful Performance Bond, accept a cash surety for
maintenance and file a Notice of Completion for Improvements for DRC2002-00187, submitted by 9101
Center Avenue Associates, located on the west side of Center Avenue between 6th and 7th Streets at
9118 Center Avenue.
RESOLUTION NO. 04-119
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS FOR DRC2002-00187 AND AUTHORIZING THE
FILING OF A NOTICE OF COMPLETION FOR THE WORK
£27. Approval to accept Improvements, release the Faithful Performance Bond, release the Labor and
Material Bond, and file a Notice of Completion for Improvements for DRC2001-00497, located on the
west side of Hermosa Avenue, north of 6th Street, submitted by Oltmans Construction Company.
RESOLUTION NO. 04-120
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS FOR DRC2001-00497 AND AUTHORIZING THE
FILING OF A NOTICE OF COMPLETION FOR THE WORK
E28. Approval to accept improvements, release the Faithful Performance Bond, accept a Maintenance
Bond and file a Notice of Completion for improvements for DR02001-00718, located at 9471 Buffalo
Avenue, submitted by Oltmans Constructions Company.
RESOLUTION NO. 04-121
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS FOR DRC2001-00718 AND AUTHORIZING THE
FILING OF A NOTICE OF COMPLETION FOR THE WORK
City Council Minutes
April 7, 2004
Page 9
E29. Approval to accept Improvements, release the Faithful Performance Bonds, and file a Notice of
Completion for interior tract improvements for Tract 15814, submitted by Fieldstone Communities Inc.,
located on the southwest corner of Highland and Rochester Avenues.
RESOLUTION NO. 04-122
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE INTERIOR TRACT
PUBLIC IMPROVEMENTS FOR TRACT 15814 AND AUTHORIZING THE
FILING OF A NOTICE OF COMPLETION FOR THE WORK
E30. Approval to release Faithful Performance Bond No. 3419189 in the amount of $313,174 for the
Arrow Route Pavement Rehabilitation from Grove Avenue to Baker Avenue, Contract No. 02-050.
E31. Approval to release Faithful Performance Bond Nc. B34219872 in the amount of $31,810.50 for the
Community Trail Fencing and PCC Curb along Summit Trail, south of Summit Avenue, east of Etiwanda
Avenue, and along Hillside Trail, north and south of Hillside Road, west of Beryl Street, Contract No. 02-
058.
E32. Approval to release Faithful Performance Bond No. UC909600020 in the amount of $191,750.93, for
the Archibald Avenue and 19th Street, Southwest Corner Landscape Improvements, Contract No. 02-068.
E33. Approval to accept the Haven Avenue Pavement Rehabilitation from Alta Loma Drive to Lemon
Avenue, Contract No. 03-031 as complete, retain the Faithful Performance Bond as a Guarantee Bond,
release the Labor and Material Bond, and authorize the City Engineer to file a Notice of Completion and
approve the final contract amount of $74,189.36.
RESOLUTION NO. 04-123
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE HAVEN AVENUE
PAVEMENT REHABILITATION FROM ALTA LOMA DRIVE TO LEMON
AVENUE, CONTRACT NO. 03-031, 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 with the exception of items E6, E7 an E9. Motion carried
unanimously 5-0.
DISCUSSION OF ITEM E6. Approval for the purchase of two (2) 2004 Ford Explorers from Fritts
Ford of Riverside in the amount of $45,256.38, funded from the Code Enforcement Grant Program
(CEGP), Fund. 1244-302-5604.
Councilmember Howdyshell felt the staff report misrepresents what really happened and asked for Dawn
Haddon, Purchasing Manager, to correct this so the record is accurate.
Dawn Haddon, Purchasing Manager, stated Building and Safety had come to her to discuss
specifications for two vehicles they had a need for because of some grant funds they had. She stated
that Purchasing had already gone out and awarded a bid for Ford Explorers on February 4. She stated
this information was discussed with Building and Safety who said this would meet their needs. She
stated Fritts Ford was then notified who stated they would hold the price that was recently awarded. She
stated they are asking City Council to approve the purchase of two additional Explorers based on the bid
that was awarded on February 4 for the Engineering Explorers.
MOTION: Moved by Howdyshell, seconded by Kurth to approve item E6. Motion carried unanimously 5-
0.
City Council Minutes
April 7, 2004
Page 10
DISCUSSION OF ITEM E7. Approval of the purchase of steel pipe and related appurtenances
associated with water improvements to be constructed by Phases lB(B), 3B(A), and 3B(B), of
Community Facilities Districts 2001-01 and 2003-01, from West Coast Pipe Linings, Inc., for the
amount of $116,420.00 and from Inland Water Works Supply Co. for the amount of $49,250.00, to
be funded from Acct. Nos. 16123035650/1442612-0 and 16143035650/1442614-0.
DISCUSSION OF ITEM E9. Approval of sole source vendor selection for the purchase of parts,
supplies, and services for the Vactor Storm Drain truck, Elgin Street Sweepers, and Mobile Street
Sweeper from Haaker Equipment Company of Pomona for an annual total not to exceed $35,000
for fiscal year 2003/04, with an option to renew annually after review and confirmation of pricing,
for additional one year periods, up to a total of three years, to be funded from 1006-303-5250
($10,000) and 1001-317-5250 ($25,000).
Councilmember Howdyshell stated he wanted to ask Mr. O'Neil, City Engineer a question because he did
not feel there was a strong effort in negotiating pricing in either of the sole source purchases and asked
for additional information.
Joe O'Neil, City Engineer, stated the pipe item was one of urgency because the cost of steel being so
high. He stated they wanted to purchase it as quickly as possible. He stated this was the only vendor
they could find that even had the pipe they could afford. He stated if the project was bid they felt the cost
would be substantially higher.
Joe O'Neil, City Engineer, felt they were basically stuck on the street sweeper issue because of being the
only one in town they can buy from and get what they need.
Councilmember Howdyshell asked if there wasn't someone at the State or County level they could tag on
to.
Joe O'Neil, City Engineer, stated no there wasn't at the time.
MOTION: Moved by Howdyshell, seconded by Williams to approve items E7 and E9. Motion carried
unarfimously 5-0
II F. CONSENT ORDINANCES I
No Items Submitted.
II G. ADVERTISED PUBLIC HEARINGS [
Gl. CONSIDERATION OF APPEAL FOR ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE
PERMIT DRC2003-00719 - JAMES A. MARTIN JR. - The appeal of the Planning Commission decision
to approve the development of a 2,947 square foot gas station and convenience store and 2,504 square
foot fast food restaurant on 1.48 acres of land in the Village Commercial District, located at the northeast
corner of Day Creek Boulevard and Highland Avenue - APN: 1089-121-08 and 1089-401-66. Related
files: Preliminary Review DRC2003-00063 and Pre-Application Review DRC2003-00064. Staff has
prepared a Mitigated Negative Declaration of environmental impacts for consideration.
Staff report presented by Donald Granger, Assistant Planner.
City Council Minutes
April 7, 2004
Page 11
Councilmember Gutierrez brought up these types of businesses being so close to a freeway onramp and
wanted to mention it for future consideration.
Mayor Alexander asked if the neighborhood was advised about the uses of this location.
Brad Buller, City Planner stated it was disclosed to the KB Homebuyers.
Mayor Alexander opened the meeting for public hearing. Addressing the City Council were:
James Martin, 6527 Mimosa, stated he filed the appeal. He added Mr. Granger has done an
excellent job and he appreciated his assistance. He stated the Road House is right down the
street from this project and felt it would be a convenient location for anyone to pick up a six-pack
and get on the freeway. He hoped the Council would put a condition that alcohol not be sold at
this site. He also mentioned traffic circulation around this site and explained the challenges
associated with it. He stated he was never told about the use for this location when he moved in
which was in 1985.
Mike Burum stated they are excited about bringing this project to the City. He continued to talk
about the project and explained what it has to offer. He stated they also have restrictions for the
hours they will be selling alcohol.
Ray Paccini, 13255 Catalpa, stated this convenience store is going to make his life easier. He
stated it would really help make things much more convenient for him.
Jerri Lee, Palo Verde, stated this is the first notice she has received about this. She stated she is
against the project, but felt the Council has let her down by taking down the Windrows. She felt
there was too much at that location for a two-lane road.
John Lyons mentioned the AM/PM at Rochester and Foothill and how crowded it is at various
times of the day. He felt the City really needs more gas stations.
Jim Frost felt there needed to be a median island at this location or this will not work once the
area reaches build out.
Ed Villanoman, Palo Verde, stated he lives south of this project. He commented on the traffic
study that was done in 2001 and that a current one should be done because of the growth in this
area since that time. He stated safety is also a concern. He stated if someone wants to rob this
place, they are only 60 seconds from access to a get-away. He felt more trees should be
planted. He stated they would like to know what the plans are for this entire area. He felt there
would be too many places where people can purchase alcohol in one square mile. He felt traffic
should be studied in this area so that there is more safety.
Mayor Alexander asked Mr. Villanoman if he was told about this by KB Homes.
Mr. Villanoman stated he does not remember being told about the projects for this area or he
would never have purchased a home there.
Tim Wallace, Myrtle Court, stated he is not opposed to this project going in, but felt it should be
safe. He felt there needed to be a median to keep this intersection safe. He did not feel this
should be open 24 hours a day and should not be open at midnight.
There being no further public input, the public hearing was closed.
Councilmember Gutierrez stated he felt there were a lot of places that sell alcohol, but did not feel it was
fair to restrict this place from selling alcohol. He stated traffic is a concern to him around this area. He felt
there would be a lot of traffic on Day Creek because of the mall being built below this project. He brought
up the fast food business at Milliken and Base Line and their hours of operation. He felt the whole
landscaping issue needs to be addressed from Etiwanda west. He felt there is a lot of work to be done to
beautify this area. He stated he would not support this project without considering the median. He felt
the median was definitely warranted.
City Council Minutes
April 7, 2004
Page 12
Councilmember Howdyshell stated the developer has addressed the lighting issue and the lowering of the
pad. He stated his main concern is the median and felt it would make things safer.
Joe O'Neil, City Engineer, stated they can definitely ask the developer to put in a median. He said he
would never argue against additional safety. He also pointed out the landscape project that is going in on
the south side of Highland is not this developer and indicated it is the Mormon Volunteer project.
Councilmember Kudh stated he especially liked Jerry Lee's comments about trees. He stated he felt
there was too much traffic in the City. He stated he felt the City's standards have been met for this project
by the developer. He stated he gives credit to the Planning Commission and that he will support their
decision. He stated he did not see why alcohol at this location would really matter since it is being sold
across the street. He felt the staff and Planning Commission have done everything possible to make this
a good project and that he supports it.
Councilmember Williams stated just because there are a number of liquor licenses allowed in an area, the
City does not have to approve a certain number. She asked what is being done about the trees.
Brad Buller, City Planner, stated there is a very dense planting planned along the freeway.
Councilmember Williams stated she would suppod a median. She stated she did not want Rancho
Cucamonga residents shopping in Fontana. She felt the City should expand their notification of a public
hearing notice even though they are meeting the minimum requirements. She also brought up her
concern for the hours of the fast food restaurant.
Mayor Alexander stated he is not prepared to support this tonight. He felt there should be a better
surveillance system at these types of locations. He felt the City owes it to the residents not to support
this. He felt at best this should be delayed to mitigate some of the residents concerns.
James Markman, City Attorney, stated the Council can approve this with the condition that a median be
added with the approval of the City Engineer.
Brad Buller, City Planner, added that more notification was sent out to residents than was required for this
meeting.
Councilmember Gutierrez agreed we should go beyond what is normally required for notification.
RESOLUTION NO. 04-124
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, UPHOLDING THE ACTION OF THE
PLANNING COMMISSION AND APPROVING CONDITIONAL USE
PERMIT DRC2003-00719 AND THE ISSUANCE OF MITIGATED
NEGATIVE DECLARATION FOR A GAS STATION WITH PUMP ISLAND
CANOPY AND A SINGLE BUILDING CONTAINING A 2.947 SQUARE
FOOT CONVENIENCE STORE AND 2,504 SQUARE FOOT FAST FOOD
RESTAURANT ON 1.48 ACRES OF LAND IN THE VILLAGE
COMMERCIAL DISTRICT, LOCATED AT THE NORTHEAST CORNER
OF DAY CREEK BOULEVARD AND HIGHLAND AVENUE; AND
MAKING FINDINGS IN SUPPORT THEREOF- APN: 1089-121-08 AND
1089-401-66.
MOTION: Moved by Kurth, seconded by Gutierrez to deny the appeal with the condition that the median
be added upon approval of the City Engineer (Resolution No. 04-124 as modified).
Councilmember Williams reminded everyone that one of the conditions is that on-site security will be in
place from 8:00 p.m. to 6:00 a.m., and asked if this meant a professional security guard.
City Council Minutes
April 7, 2004
Page 13
Brad Buller, City Planner, stated yes it does and that they will have a camera as well. He added at any
time the Council or the Police Chief hears of any problems they can modify the conditions at any time.
Motion carried 4-1 (Alexander voted no).
G2. CONSIDERATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT DRAFT FUNDING
ALLOCATIONS FOR FISCAL YEAR 2004-2005- A review of the federally-required Annual Action Plan,
which includes the preliminary selection of CDBG projects, based on a new grant allocation of
$1,180,000.
Staff report presented by Tom Grahn, Associate Planner.
Mayor Alexander opened the meeting for public hearing. Addressing the City Council were:
Diane Case, Project Sister, told about her service and asked for the Council to support their
cause.
House of Ruth stated this has been a very tough year for them and that the CDBG funds are very
important to keep things going. He continued to talk about their services and thanked the Council
for their support.
Sandra Weathedord, Campfire USA, had surveys for the Council to review and also talked about
their program.
Jim Frost wanted to thank the City for all they do to help these organizations. He felt a lot of
gratitude should be given to all of these organizations for the work they do.
Tony Mize, Hope Through Housing, hopes the Council will help them out. He stated they do work
with the House of Ruth and the Campfire USA. He thanked the Council for their past support and
hoped they will continue supporting them in the future.
Greg AIvarado, Old Timers Foundation, told about their program. He thanked the Council for
their consideration.
There being no further input, the public hearing was closed.
Councilmember Kurth stated he is thrilled about all of these programs. He thanked all of the
organizations for the work they do.
Councilmember Williams thanked Tom Grahn, Associate Planner, for how he manages this program and
how organized it is.
Councilmember Howdyshell stated he sat on a committee for nutrition and felt the Meals on Wheels
Program was a good investment and should be supported.
ACTION: Final Plan to be brought back at a future meeting for approval.
il H. PUBLIC HEARINGS
No Items Submitted.
City Council Minutes
April 7, 2004
Page 14
]1 i. CITY MANAGER'S STAFF REPORTS
I1. CITY MANAGER - BUDGET UPDATE - (Oral Report)
A power point presentation was given by Jack Lam, City Manager.
ACTION: Report received and filed.
[I J. COUNCIL BUSINESS [
J1. LEGISLATIVE UPDATE - (Oral Report)
Councilmember Williams stated last week members of Council met with legislators in Sacramento and felt
they just don't get it that what they are doing will affect local government. She stated it is so important to
get the ballot measure approved so that the State cannot take money from the cities. She asked people
to sign the petitions. She stated last Saturday, she was at Barnes and Noble with staff and the
firefighters. She stated on Sunday, she and her husband were out collecting signatures. She talked
about other initiatives that have qualified to be placed on the ballot. She thanked Congressman Dreier for
the funding bill he got approved which will help the City. She mentioned the new Senior Center is under
construction and thanked Congressman Dreier, Senator Brulte and Assemblyman Dutton for their
support.
J2. CONSIDERATION OF LIBRARY SUBCOMMITTEE'S RECOMMENDATION FOR NEW BOARD
MEMBER
Councilmember Howdyshell stated Wanda Mitchell resigned from the Library Board and thanked her for
her service. He stated the Subcommittee would like to recommend Ron Sakala be appointed to fill her
position.
MOTION: Moved by Alexander, seconded by Kudh to approve the appointment of Ron Sakala to the
Library Board. Motion carried unanimously 5-0.
I[ K. IDENTIFICATION OF ITEMS FOR THE NEXT MEETING I
K1. Councilmember Williams stated she would like for the Massage Technician Ordinance to be looked
at and compare ours to other cities as to what they require for licensing and hours of training, etc. She
would like this to come back at a future meeting with a report.
II L. PUBLIC COMMUNICATIONS I
No communication was made from the public.
City Council Minutes
April 7, 2004
Page 15
MOTION: Moved by Williams, seconded by Kurth to adjourn in the memory of City Employee Paul
Taylor. Motion carried unanimously 5-0. The meeting adjourned at 9:47 p.m.
Respectfully submitted,
City Clerk
Approved: April 21,2004