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HomeMy WebLinkAbout2004/05/05 - Minutes May 5, 2004 CITY OF RANCHO CUCAMONGA CITY COUNCIL CLOSED SESSION MINUTES The Rancho Cucamonga City Council held a closed session on Wednesday, May 5, 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, Robed 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; William P. Curley III, Deputy City Attorney; Larry Temple, Administrative Services Director; and George Rivera, Administrative Services Manager. B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) Mayor Alexander announced the closed session item. B1. LABOR NEGOTIATIONS PER GOVERNMENT CODE SECTION 54957.6 TO GIVE GEORGE RIVERA, ADMINISTRATIVE SERVICES MANAGER; PAMELA EASTER, DEPUTY CITY MANAGER; AND LARRY TEMPLE, ADMINISTRATIVE SERVICES DIRECTOR, DIRECTION IN REGARDS TO THE MEET AND CONFER PROCESS - CITY [] C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) No communication was made on the closed session item. D. CONDUCT OF CLOSED SESSION The closed session began at 5:35 p.m. The closed session recessed at 6:48 p.m. with no action taken. City Council Minutes May 5, 2004 Page 2 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meeting A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, May 5, 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 7:06 p.m. Present were Councilmembers: Rex Gutierrez, Robert J. Howdyshell, Donald J. Kurth, M.D., Diane Williams and Mayor William J. Alexander. Aisc present were: Jack Lam, City Manager; William P. Curley Ill, Deputy City Attorney; Linda D. Daniels, RDA Director; Mike Nelson, Sr. Redevelopment Analyst; Larry Temple, Administrative Services Director; Lorraine Phong, Information Systems Analyst; Mike Toy, Information Systems Specialist; Joe O'Neil, City Engineer; Brad Buller, City Planner; Larry Henderson, Principal Planner; Tom Grahn, Associate Planner; Captain Pete Ortiz, Rancho Cucamonga Police Department; Fire Chief Peter Bryan, Fire Marshal Mike Bell and Emergency Medical Services Coordinator Stephanie Rasmussen, Rancho Cucamonga Fire Protection District; Duane Baker, Assistant to the City Manager; Kimberly Thomas, Management Analyst II; Shirr'l Griffin, Office Specialist II - City Clerk's Office; and Debra J. Adams, City Clerk. I[ B. ANNOUNCEMENTS/PRESENTATIONS II B1. Presentation of a Proclamation in recognition of "Business Appreciation Week, May 10 -14, 2004." Mayor Alexander presented the Proclamation to Chamber of Commerce representatives Rosemary Faust, Chairman of the Board, and Norm McKenzie, President/CEO. B2. Presentation of a Certificate of Recognition to Costco Wholesale for receiving the Inland Valley Economic Development Corporation BRACE Award for "Retail Business of the Year (2003-2004);" and Vineyard Bank for receiving the Inland Valley Economic Development Corporation BRACE Award for "Service Business of the Year (2003-2004)." Mayor Alexander presented the Certificates of Recognition to Brian McCutcheon, General Manager of COSTCO, Joe Schumacher, Manager of COSTCO, and Ron Sakala, Sr. Vice President of Vineyard National Bank. B3. Presentation of a Proclamation to West Valley Mosquito and Vector Control District in recognition of "Mosquito and Vector Control and West Nile Virus Awareness Week, May 3 - 9, 2004." Mayor Alexander presented the Proclamation of Dr. Min-Lee Chen§, District Manager of West Valley Mosquito and Vector Control District. B4. Presentation of a Proclamation in recognition of "Emergency Medical Services (EMS) Week, May 16 - 22, 2004." Mayor Alexander presented the Proclamation of Stephanie Rasmussen, EMS Coordinator. City Council Minutes May 5, 2004 Page 3 B5. Presentation of a Proclamation in recognition of "Wildfire Awareness Week, May 9 - 15, 2004." Chief Peter Bryan made some introductory comments about Wildfire Awareness Week and the importance of the Fire Safe Council. Mayor Alexander presented the Proclamation to the Fire Safe Council members that were present. B6. ADDED ITEM - Presentation of a Community Television Video from Charter Communications entitled: "After the Firestorm: A Documentary on the Grand Prix and Old Fires." Kimberly Thomas, Management Analyst II, introduced Ruth Leal from Charter Communications. Ruth Leal, Charter Communications, gave an introduction and presented the video. BT. Jack Lam, City Manager, stated there is an item staff is requesting to be added which would designate a voting representative and an alternate for the League of Cities General Assembly Meeting to be held May 13, 2004. (ITEM LISTED UNDER COUNCIL BUSINESS) MOTION: Moved by Kurth, seconded by Howdyshell to add the item. Motion carried unanimously 5-0. [ C. PUBLIC COMMUNICATIONS I C1. John Lyons, Etiwanda, saluted the Fire Department in fighting the Grand Prix Fire. He wished everyone a happy Cinco de Mayo. He felt people should always think about bike safety and obey traffic laws. C2. Hilda Phillips, Terra Vista, stated it was good to have the students at the Council meeting so they can learn. She commented about the groundbreaking of Central Park on Milliken and presented pictures of this event to the Council. C3. Leslie Grimes, Alta Loma, reminded everybody this is an election year and encouraged students and all residents of the City to register to vote. She mentioned the annexation items on tonight's agenda and reminded the Council that some of them ran on the platform of open space and hoped they would stick to their word. She asked that the Council keep open space in the City. C4. Melanie Ingram, Rosebud, stated when the recall effort ended, their committee promised to keep people informed as to what was going on. She stated they came before the Council in January and told about Dr. Kurth stating he was "running for re-election" when he is running for office for the first time in November 2004. She continued to talk about the process the Council went through to appoint Councilmembers Kurth and Howdyshell and felt it was not handled legally. She asked people not to vote for them in November 2004. She stated she will keep a watch on how the campaigns are going. She wanted to tell people out in the community to come forward and tell the Council what they are thinking. She stated she will keep these issues in the forefront until November. City Council Minutes May 5, 2004 Page 4 D, COUNCIL COMMUNICATIONS D1. Gouncilmember Kurth state0 he had been to Washington, D.C. with some 0octets to meet with legislators regarding drug addiction program funding. He stated last week he was in Sacramento to meet with legislators regarding providing medical treatment for all people. He also mentioned that on Saturday he went to a Cinco de Mayo celebration at one of the City's parks. D2. Councilmember Williams mentioned the City's volunteer recogvition program and how important the volunteers are to the community. She felt this was her opportunity to speak out when an untruth is said and felt it was her obligation and responsibility to correct it or give her side of a story. She stated it was earlier stated that she did not want a special election, which was not correct because she did vote for that, but it was voted down. She stated that left the Council with appointing someone to fill the vacancies. She stated there was no Brown Act violation and that she has been on the Council too long to make such a foolish move. She stated it is her responsibility to set the record straight. She stated this Saturday is the Rotary Club Track Meet at Chaffey College with about 600 kids participating. D3. Councilmember Gutierrez thanked all of the volunteers that help the City. He congratulated all students that were present tonight and especially the seniors. He congratulated the Class of 2004 and was glad they had a good prom. D4. Mayor Alexander mentioned the Etiwanda High School Music Program's Silent Auction to be held May 8 in the Etiwanda High School gym. He also mentioned there was a mariachi band playing at Charley College today and how wonderful they were. E. CONSENT CALENDAR Jack Lam, City Manager, stated item E32 has a revised Resolution that has been placed before the Council. El. Approval of Warrants, Register April 13 through April 27, 2004, and Payroll ending April 27, 2004, for the total amount of $3,553,510.65. E2. Approval of a Public Convenience and Necessity - DRC 2004-00225 - Beverages & More - a request to consider the issuance of a Public Convenience and Necessity for a specialty retailer of beer, wine, spirits, gourmet food, and related items in a leased space of 10,000 square feet within the Victoria Gateway shopping center in the Mixed use District of the Victoria Community Plan, located at the northwest corner of Day Creek and Foothill Boulevards - APN: 0227-201-38, 39 and 44. RESOLUTION NO. 04-130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE AND NECESSITY DRC2004-00225 FOR A SPECIALTY RETAILER {BEVERAGES & MORE) OF BEER, WINE, SPIRITS, GOURMET FOOD, AND RELATED ITEMS, LOCATED AT THE NORTHWEST CORNER OF DAY CREEK AND FOOTHILL BOULEVARDS; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0227-201-38, 39, AND 44 City Council Minutes May 5, 2004 Page 5 E3. Approval to authorize the advertising of the "Notice Inviting Bids" for the ADA 2003/2004 Access Ramp and Drive Approach Improvements to meet the Americans with Disabilities Act (ADA) standards generally located along Base Line Road, to be funded from Acct. Nos. 12143035650/1017214-0, 12143035650/1150214-0, and 11763035650/1150176-0. RESOLUTION NO. 04-131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "ADA 2003/2004 ACCESS RAMP AND DRIVE APPROACH IMPROVEMENTS" IN SAID CITY AND AUTHORIZING THE DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS E4. Approval to authorize the advertising of the "Notice Inviting Bids" for the Carnelian Street Landscape Improvements from Vivero Street to 1000' south of Vivero Street, to be funded from Acct. No. 11103165650/1172110-0. RESOLUTION NO. 04-132 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR "THE CARNELIAN STREET LANDSCAPE IMPROVEMENTS FROM VIVERO STREET TO 1000' SOUTH OF VIVERO STREET" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS E5. Approval to authorize the advertising of the "Notice Inviting Bids" for the Construction of 2004/2005 Local Street Pavement Rehabilitation - Slurry Seal of Various Streets, to be funded from Acct. No. 11703035650/1022170 (Gas Tax). RESOLUTION NO. 04-133 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING SPECIFICATIONS FOR THE CONSTRUCTION OF 2004/2005 LOCAL STREET PAVEMENT REHABILITATION - SLURRY SEAL OF VARIOUS STREETS IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS E6. Approval to authorize the advertising of the "Notice Inviting Bids" for the Construction of the 6th Street Storm Drain, Railroad Crossing Improvements and Pavement Rehabilitation from Archibald Avenue to 380' west of Hermosa Avenue, to be funded from Acct. No. 11243035650/1061124 (Transportation). RESOLUTION NO. 04-134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE 6TM STREET STORM DRAIN, RAILROAD CROSSING IMPROVEMENTS AND PAVEMENT REHABILITATION FROM ARCHIBALD AVENUE TO 380' WEST OF HERMOSA AVENUE IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS E7. Approval to authorize the advertising of the "Notice Inviting Bids" for the Construction of a Bus Bay located on the south side of Foothill Boulevard, east of Haven Avenue, to be funded from Acct. No. 11053035650/1238105-0 (AB2766 Air Quality Improvement Fund). City Council Minutes May 5, 2004 Page 6 RESOLUTION NO. 04-135 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF A BUS BAY ON THE SOUTH SIDE OF FOOTHILL BOULEVARD, EAST OF HAVEN AVENUE, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS E8. Approval of City Co-Sponsorship of the Inland Valley Daily Bulletin All Star Game at the Rancho Cucamonga Epicenter Stadium on June 3rd (practice game) and June 8, 2004 (game date). E9. Approval of Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for DRC2001-00589, located on the west side of Maple Place, approximately 750 feet north of Arrow Route, submitted by Wayne S. Carey and Debra J. Carey. RESOLUTION NO. 04-136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DRC2001-00589 El0. Approval of Ordering the Annexation to Landscape Maintenance District 3B and Street Lighting Maintenance District Nos. 1 and 6 for DRC2002-00006, located on the south side of Ninth Street, approximately 250 feet east of Helms Avenue, submitted by David R. Moore and Gall Moore. RESOLUTION NO. 04-137 A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DRC2002-00006 Ell. Approval to vacate Center Avenue, located north of Trademark Parkway, and setting the date of Public Hearing for June 2, 2004. RESOLUTION NO. 04-138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO VACATE CENTER AVENUE LOCATED NORTH OF TRADEMARK PARK~NAY, APPROXIMATELY 66 FEET WIDE AND 243 FEET LONG E12. Approval of Improvement Agreement and Improvement Securities for DRC2003-00319, located at the cul-de-sac terminus of Birdsong Place, west of Hermosa Avenue and south of Almond Street, submitted by ERH22, LLC. RESOLUTION NO. 04-139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR DRC2003-00319 City Council Minutes May 5, 2004 Page 7 E13. Approval of Improvement Agreement and Improvement Securities for Public Storm Drain Improvement for Parcel Map 16167, located at the southeast corner of Vineyard Avenue and 9th Street, submitted by ON Vineyard, LLC. RESOLUTION NO. 04-140 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMO. NGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR PUBLIC STORM DRAIN IMPROVEMENTS FOR PARCEL MAP 16167 E14. Approval of Map, Improvement Agreement, Improvement Securities and Drainage Acceptance Agreement and Ordering the Annexation to Landscape Maintenance District No. 4 and Street Lighting Maintenance Districts Nos. 1 and 4 for Tract Map 16512, located at the northeast corner of Milliken Avenue and Church Street, submitted by KB Home Greater Los Angeles, Inc. RESOLUTION NO. 04-141 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP 16512, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND DRAINAGE ACCEPTANCE AGREEMENT RESOLUTION NO. 04-142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 4 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 4 FOR TRACT MAP 16512 E15. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $1,388,377.70 to the lowest responsible bidder, Sequel Contractors, Inc. (CO 04-041), and authorize the expenditure of a 10% contingency in the amount of $138,837.77 for Phases lB(B), 3B(A), and 3B(B) of CFD's 2001-01 and 2003-01 funds, Acct. No. 16123035650/1442612-0 ($294,342.35) and 16143035650/1442614-0 ($1,232,873.13) and appropriate $294,342.35 (Fund 612 share of contract award of $267,583.95 plus 10% contingency in the amount of $26,758.40) to Acct. No. 16123035650/1442612-0 from CFD 2001-01 Fund balance. E16. Approval of a Reimbursement Agreement (CO 04-042) for Installation ef Portions of Master Plan Storm Drain Line 3-E in connection with development of Tract 13930, located on Wilson Avenue from Amethyst Street to Alta Loma Channel, submitted by Hix Homes, DRA-28. RESOLUTION NO. 04-143 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING REIMBURSEMENT AGREEMENT DRA-28 FOR THE INSTALLATION OF PORTIONS OF MASTER PLAN STORM DRAIN LINE 3-E, LOCATED IN WILSON AVENUE FROM AMETHYST STREET TO ALTA LOMA CHANNEL E17. Approval of a Reimbursement Agreement SRA-31 (CO 04-043) for Median Landscaping on Wilson Avenue, between Etiwanda Avenue and Cervantes Place, in conjunction with the development of Tracts 14380 and 13527, located on the north side of Wilson Avenue west of Etiwanda Avenue, submitted by Mastercraft Homes, to be funded from Trust Acct. No. 1882-000-2324. City Council Minutes May5,2004 Page 8 RESOLUTION NO. 04-144 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT FOR MEDIAN LANDSCAPING ON WILSON AVENUE, BETWEEN ETIWANDA AVENUE AND CERVANTES PLACE, SRA-31 E18. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for Improvements for DR00-60, located on the east side of Amethyst Street between La Grande Street and Lomita Drive, submitted by Northtown Housing Development Corporation. RESOLUTION NO. 04-145 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR00o60 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E19. Approval to release Maintenance Guarantee Bond for DRC2001-00345, located at 7576 Etiwanda Avenue, submitted by The Gardens, LLC. E20. Approval to release Maintenance Guarantee Bond (Cash Deposit) for DRC2001-00493, located on the northwest corner of Milliken Avenue and Fifth Street, submitted by Lindsay-Ontario, LLC. E21. Approval to accept Improvements, release the Faithful Performance Bond (Cash Deposit), accept a Maintenance Bond (cash deposit), and file a Notice of Completion for Improvements for DRCDR00-17, located on the north side of Arrow Route, west of Day Creek Channel, submitted by Southern California Edison and Secured Equities Corporation. RESOLUTION NO. 04-146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRCDR00-17 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E22. Approval to release Maintenance Guarantee Bond for Tract 14208, located on the north side of Base Line Road and west of Alta Cuesta Drive, submitted by Ralph G. Rittenhouse. E23. Approval to release Maintenance Guarantee Bond and Guarantee of Performance Bonds for Tract 15727-6, located at the intersection of Fourth Street and the Cucamonga Creek Flood Control Channel, bordered by Sixth Street, submitted by Centerpointe 257, LLC. E24. Approval to release Maintenance Guarantee Bond and Guarantee of Performance Bond for Tract 15727-8, located at the intersection of Fourth Street and the Cucamonga Creek Flood Control Channel, bordered by Sixth Street, submitted by Centerpointe 257, LLC. E25. Approval to release Maintenance Guarantee Bonds for Tract 15866, located on the southeast corner of Milliken Avenue and Vintage Drive, submitted by APHRC24, LLC. E26. Approval to accept Improvements, release the Faithful Performance Bond, and file a Notice of Completion for Improvements for Parcel Map 15732, located on the southeast corner of Center Avenue and Dorset Street, submitted by W.F. Construction, Inc. City Council Minutes May 5, 2004 Page 9 RESOLUTION NO. 04-147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 15732 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E27. Approval to release Maintenance Guarantee Bonds for Tract 15871-1, located on the northeast corner of Day Creek Boulevard and Victoria Park Lane, submitted by William Lyon Homes, Inc. E28. Approval to release Maintenance Guarantee Bonds and Guarantee of Performance (Cash Deposit) for Tract 15871-2, located on the northwest corner of Day Creek Boulevard and Victoria Park lane, submitted by William Lyon Homes, Inc. E29. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for Improvements for Tract 16026, located on the west side of Amethyst Street, north of Valley View Street, submitted by Amethyst Estates, LLC. RESOLUTION NO. 04-148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16026 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E30. Approval to release Maintenance Guarantee Bond for Tract 16128, located on the northwest corner of Base Line Road and San Carmela Court, submitted by D.R. Horton Los Angeles Holding Company. E31. Approval to accept Improvements, retain the Faithful Pedormance Bond as the Maintenance Bond, and file a Notice of Completion for Improvements for Tract 16302, located on the northeast corner of Smokestone Street and Mulberry Street, submitted by APHRC23, LLC. RESOLUTION NO. 04-149 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16302 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E32. Approval of a Resolution ratifying and authorizing the emergency procurement of professional services (Clayton Group Services (CO 04-044) and Belfor USA Group (CO 04-045) without competitive bidding in response to the City Hall fire. (SEE REVISED RESOLUTION) RESOLUTION NO. 04-150 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RATIFYING AND AUTHORIZING THE EMERGENCY PROCUREMENT OF PROFESSIONAL SERVICES WITHOUT COMPETITIVE BIDDING, PURSUANT TO CHAPTER 3.08 OF THE RANCHO CUCAMONGA MUNICIPAL CODE MOTION: Moved by Kurth, seconded by Williams to approve the staff recommendations in the staff reports as contained in the Consent Calendar with the corrected Resolution for item E32. Motion carried unanimously 5-0. City Council Minutes May 5, 2004 Page 10 1[ F. CONSENT ORDINANC ES I Fl. CONSIDERATION OF SECOND READING OF ORDINANCE FOR ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT - DRC2001-00534 CABO~ INDUSTRIAL PROPERTIES1 L,P. - Request to amend the circulation within the industrial Park Development District, Subarea 6, to eliminate Center Ave. from 6th St. south to Trademark Parkway, submitted by Cabot Industrial Properties - APN's 209-072-06 -11, -16, -17 and -35. Debra J. Adams, City Clerk, read the title of Ordinance No. 722. ORDINANCE NO. 722 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2001-00534, TO AMEND THE STREET CIRCULATION WITHIN THE INDUSTRIAL PARK DEVELOPMENT DISTRICT, SUBAREA 6, ELIMINATING THE EXTENSION OF CENTER AVENUE FROM 6TM STREET SOUTH TO TRADEMARK PARKWAY BY AMENDING SECTION 17.30,080, FIGURE 17.30.080-H OF THE RANCHO CUCAMONGA DEVELOPMENT CODE, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Kurth, seconded by Gutierrez to waive full reading and approve Ordinance No. 722. Motion carried unanimously 5-0. I G. ADVERTISED PUBLIC HEARINGS II Gl. CONSIDERATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING ALLOCATIONS FOR FISCAL YEAR 2004-2005 - A review of the federally required Annual Action Plan, which includes the final selection of CDBG projects, based on a new grant allocation of $1,180,000. Staff report and video were presented by Tom Grahn, Associate Planner. Counciimember Kurth stated he felt the list was excellent and did not have any changes. Councilmember Williams thanked Tom Grahn again for the great job he does with this program. Mayor Alexander opened the meeting for public hearing. Addressing the City Council was: Dianna Lee Mitchell, YMCA, thanked the Council for their suppod, and especially for the senior transportation program. She also stated the teen center is possible because of the City Council. There being no further comments, the public hearing was closed. MOTION: Moved by Howdyshell, seconded by Kurth to adopt the Annual Action Plan so it can be forwarded to the U. S. Department of Housing and Urban Development for their consideration. Motion carried unanimously 5-0. City Council Minutes May 5, 2004 Page 11 H. PUBLIC HEARINGS No Items Submitted. I. CITY MANAGER'S STAFF REPORTS I1. REQUEST TO APPROVE A RESOLUTION OF INTENTION TO ANNEX (DRC2003-01164) - CITY OP RANCHO CUCAMONGA - Approximately 300 acres of land generally located north of Wilson Avenue between East Avenue and Wardman Bullock Road - APN: 0225-084-05, 06, 07, 08, and 09; and 0226- 081-05, 06, 07, 08, 11, 12, 13, 14, 15, and 16. Related Piles: General Plan Amendment DRC2003- 01162, and Etiwanda North Specific Plan Amendment DRC2003-01163. Staff report and power point presentation were given by Larry Henderson, Principal Planner, which is on file in the City Clerk's office. Councilmember Kurth inquired how much of this will be open space. Larry Henderson, Principal Planner, stated a majority of it will be in the conservation area. Councilmember Gutierrez asked why would the City want to annex more land into the City, why would the County be willing to do this, and what would happen to it if it were not annexed? Larry Henderson, Principal Planner, stated the County has recently changed their philosophy on development in the unincorporated areas. They feel as a subregional agency development is not something they should spend time on. They feel it is better left in the hands of local jurisdictions who are providing most of the infrastructure anyway. He stated most of the land that has been annexed both in the past and for the future is zoned by the County at three units per acre. He stated all of these projects are coming within the average County range. He stated if we don't annex the land, the property owner involved has the right to apply and be granted approval by the County for those densities. Councilmember Gutierrez asked if this isn't annexed would it be developed under the County. Larry Henderson, Principal Planner, stated yes. Councilmember Gutierrez stated if this is adjoining our City and really looks like it is part of our City, would we prefer it is annexed. Larry Henderson, Principal Planner, stated yes. Councilmember Gutierrez asked about the North Etiwanda Preserve. Larry Henderson, stated it is north of this area and administered by a County Board. He stated they are looking to fence the area and prevent dumping. Councilmember Gutierrez asked how much open space will there be in 10 years. Larry Henderson, Principal Planner, stated the majority of it will be open space or conservation areas. Councilmember Kurth felt it is important to preserve as much open space as possible. He pointed out development is going to occur whether the City owns it or not, but felt if the City has it, we can control what is being developed. City Council Minutes May 5, 2004 Page 12 Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. RESOLUTION NO. 04-151 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING INTENTION TO PURSUE A CHANGE OF ORGANIZATION AND REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO INITIATE PROCEEDINGS FOR THE ANNEXATION OF PROPERTY (APPROXIMATELY 300 ACRES - DRC2003-01164) GENERALLY LOCATED NORTH OF WILSON AVENUE BETWEEN EAST AVENUE AND WARDMAN BULLOCK ROAD AS DESCRIBED IN EXHIBITS "A" AND "B," A'I-rACHED AND AS OUTLINED IN EXHIBIT "C," THE ATTACHED PLAN FOR SERVICES Councilmember Williams pointed out this is the beginning of a process to annex this property. MOTION: Moved by Williams, seconded by Kurth to approve Resolution No. 04-151. Motion carried unanimously 5-0. 12. REQUEST TO APPROVE A RESOLUTION OF INTENTION TO ANNEX (DRC2003-00753) Approximately 100 acres of land into the City of Rancho Cucamonga, located within the Etiwanda No~Lh Specific Plan at the northerly end of Wardman Bullock Road - APN: 0225-084-04, 0226-081-09 and 10, and 0226-082-28 and 29. Related Files: Tentative Tract Map SUBTT16324, General Plan Amendment DRC2003-00749, Etiwanda North Specific Plan Amendment DRC2003-00750, and Development Agreement DRC2003-00751. SEE DISCUSSION OF ITEM I1 FOR THIS ITEM. RESOLUTION NO. 04-152 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING INTENTION TO PURSUE A CHANGE OF ORGANIZATION AND REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO INITIATE PROCEEDINGS FOR THE ANNEXATION OF PROPERTY (APPROXIMATELY 100 ACRES - DRC2003-00753) GENERALLY LOCATED AT THE NORTHERLY END OF WARDMAN-BULLOCK ROAD AT THE INTERSECTION WITH COLONBERO ROAD AS DESCRIBED IN EXHIBIT "A" AND "B" ATTACHED AND AS OUTLINED IN EXHIBIT "C," THE ATTACHED PLAN FOR SERVICES MOTION: Moved by Williams, seconded by Kurth to approve Resolution No. 04-152. Motion carried unanimously 5-0. City Council Minutes May 5, 2004 Page 13 II J. COUNCIL BUSINESS I Ol. LEGISLATIVE UPDATE (Oral Report) Councilmember Williams thanked the citizens for signing the petitions to protect City revenues. She stated there are approximately 1.1 million signatures, so it can go before the voters on the ballot. She stated she is waiting to see how Sacramento will be making cuts in their operations. She stated on April 15, when the petitions were submitted, there was information from the legislature with a proposal to only take money from the cities for two years. She felt the Governor is now listening to what cities have to say. She stated she testified at a Senate Committee last week against a bill that will hurt cities. She stated next week she and City Manager Jack Lam will be going to Sacramento for Legislative Days and for the Special General Assembly meeting. Counciimember Kurth stated the real kudos go to Diane Williams for leading the charge to collect the signatures. J2. ADDED ITEM - DESIGNATION OF A VOTING REPRESENTATIVE AND A ALTERNATE FOR THF LEAGUE OF CITIES GENERAL ASSEMBLY MEETING Staff report presented by Jack Lam, City Manager, who stated it is suggested the Council select Diane Williams since she will be attending the General Assembly meeting to be held May 13, 2004. MOTION: Moved by Kurth, seconded by Howdyshell to select Diane Williams. Motion carried unanimously 5-0. Il K. IDENTIFICATION OF ITEMS FOR THE NEXT MEETING No items were identified for the next meeting. L. PUBLIC COMMUNICATIONS I No communication was made from the public. City Council Minutes May 5, 2004 Page 14 II n. ADJOURNMENT I MOTION: Moved by Williams, seconded by Alexander to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 8:58 p.m. Respectfully submitted, ,I :. C'~ I~,: ~ Debra O. Adams, CMC City Clerk Approved: May 19, 2004