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HomeMy WebLinkAbout2004/08/04 - Minutes August 4, 2004 CITY OF RANCHO CUCAMONGA CITY COUNCIL CLOSED SESSION MINUTES II A. CALLTO ORDERI The Rancho Cucamonga City Council held a closed session on Wednesday, August 4, 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 Gouncilmembers: Rex Gutierrez, Robert d. Howdyshell, Diane Williams and Mayor William J. Alexander. Absent was Gouncilmember: Donald J. Kurth, M.D. Also present were: Jack Lam, City Manager; Pamela Easter, Deputy City Manager; James Markman, City Attorney; Larry Temple, Administrative Services Director; and George Rivera, Administrative Services Manager. II B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) I[ Mayor Alexander announced the closed session item. BI. 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 [I C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) [ No communication was made on the closed session item. Il D. CONDUCT OF CLOSED SESSION The closed session began at 5:35 p.m. E. CITY MANAGER ANNOUNCEMENTS AND REPORTS Tho closed session recessed at 6:55 p.m. until the conclusion of the Gity Gouncil meeting. Closed session roconvened at 8:50 p.m. and adjourned at 9::30 p.m. with no action taken. City Council Minutes August4,2004 Page 2 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meetinq A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, August 4, 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 7:11 p.m. Present were Councilmembers: Rex Gutierrez, Robert J. Howdyshell, Diane Williams and Mayor William J. Alexander. Absent was Councilmember: Donald J. Kurth, M.D. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Jim Frost, City Treasurer; Sid Siphomsay, information Systems Analyst; Michael Toy, Information Systems Specialist; Dawn Haddon, Purchasing Manager; Jon Gillespie, Traffic Engineer; Brad Buller, City Planner; Trang Huynh, Building Official; Kevin McArdle, Community Services Director; Dave Moore, Recreation Superintendent; Francie Palmer, Marketing Manager; Paula Pachon, Management Analyst III; Nettie Nielsen, Recreation Supervisor; Bill Pallotto, Recreation Supervisor; Deborah Clark, Library Director; Robert Karatsu, Library Services Manager; Captain Pete Ortiz, Rancho Cucamonga Police Department; Chief Peter Bryan, Rancho Cucamonga Fire Protection District; Michelle Dawson, Management Analyst III; Kimberly Thomas, Management Analyst II; Shirr'l Griffin, Office Specialist II - City Clerk's office; and Debra J. Adams, City Clerk. ii ~. ANNOUNCEMENTS/PRESENTATIONS II No announcements/0resentations were made. I c. PUBLIC COMMUNICATIONS II C1. Hilda Phillips thanked the City Council for the senior center that is being built at Central Park. She stated she is very happy to be part of the senior group. She added she has been approved by the County Board of Supervisors to be part of the In Home Supportive Services (IHSS). She distributed a flier to the Council which told about the services this organization has available. C2. Nicole Myerchin indicated someone can be a foster parent to an animal by calling 981-8038. She felt the City should be getting more revenue from the County because of the activity that takes place there. She felt the County should be providing a more detailed report and that they start complying with the law. C3. Trang Huynh, Building Official and also representing the West Valley Mosquito and Vector Control District, talked about the West Nile Virus stating that Code Enforcement is helping to eliminate this problem. He stated residents can call the District at 627-0931 if they need assistance. City Council Minutes August 4, 2004 Page 3 C4. Dr. Cheng, West Valley Mosquito and Vector Control District, presented more information about the West Nile Virus. He stated the District encourages everyone not to over-irrigate, do not have puddles of standing water, and do not sweep grass cuttings into the street so that water cannot flow down the street. Councilmember Gutierrez inquired about birds carrying the virus. He asked what people should if they find a dead bird. Mr. Cheng stated they should dispose of it, but not to touch it. Mayor Alexander suggested the City adopt an emergency ordinance against people that have didy, green swimming pools, and asked who would regulate this. Trang Huynh, Building Official, stated Code Enforcement would do this and that there could be a fine of $1,000. C5. Leslie Grimes wanted to remind people that they can make a difference by offering a smile, volunteering at the senior center and many other ways. She stated she is going to do a 50-mile, 3-day walk for M.S. in San Diego. She stated people can go on to the website at mymschallenge.com if they want to pledge on line or they can contact her. She stated Staples has crayons on sale for $ .10 a box and hoped people would donate some of these to the schools. C6. John Lyons indicated Councilmember Kurth collected over $60,000 in developer money. He fe~t this shows the developers control the City and he felt there is too much development going on right now. He was not sure there would be enough services for all of the development that is in progress. He stated we do not need any more apartments in Rancho Cucamonga and felt there should be a moratorium in Rancho Cucamonga until the mall is completed. He stated he opposes Kur~h because he felt the people need to take back City Hall. He felt there should be local control of the City and not be controlled by the developers. He asked everybody to vote "no" on Kurth and Howdyshell in November. C7. Melanie Ingram, Rosebud Street and from Rancho Recall, stated their focus is now on the upcoming election and that they do not want Kurth and Howdyshell to get elected in November. She stated they are looking for people with integrity to run for office and to get elected. She talked about Councilmember Kurth's campaign contributions stating most of them are from developers. She commented that most of the money in Dennis Michael's campaign was money he loaned himself, and the rest of it is money from the Colonies developer. She stated that perception is everything. She asked people to cast their ballots and not to vote for the appointees, but to bring in new people. She stated she agreed with Mr. Lyons about the building moratorium. [ D. COUNCIL COMMUNICATIONS [] D1. Councilmember Gutierrez stated they welcome comments from the public. He stated he would like to see a candidate that has not had a contribution from a business or developer because not all of them are villains. He felt it was a great idea to evaluate services for all the development, but wanted people to keep in mind this amount of development has been going on for twenty (20) years. He stated the City is trying to put together 3,000 acres of open land to be preserved as open space. He stated the City will be talking to the County regarding the animal shelter. He stated they do want to keep the animals from being put to sleep. He thanked the neighbors that hosted National Night Out with the Police Department. He mentioned the dog park in Etiwanda and did not feel vicious dogs should be allowed there so that all animals are safe. He stated he has been notified of some neighborhood issues where there are neighborhood bullies and that he will be working on these. He stated he is also working on some issues where properties are not being maintained. He stated he went to the Red Hill Apartments across the street from the Sycamore Inn, and that they have some serious issues, which need assistance because of the poor living standards. City Council Minutes August 4, 2004 Page 4 D2. Councilmember Howdyshell stated National Night Out was a great event and commended the neighbors that helped with this event. He expressed his condolences due to the horrific accident that recently happened on Haven Avenue and commented the Police Department and Captain Ortiz for the great job they did. He recognized Dr. Marie Cane, President of Charley College, for being the recipient of the 2004 Association of Community College Trustees Pacific Region Executive Office and stated she is an outstanding citizen. D3. Councilmember Williams stated National Night Out was a great success and commented how great the neighbors were. She also complimented Sandy Fatland with the Police Department for organizing the event. She stated all the neighbors were very positive and added that the neighborhood watch is a way to keep the neighborhoods safe. She stated a neighborhood watch can be set up through Sandy Fatland at the Police Department. She stated she attended the League of California Cities Conference in Monterey and commented on the initiative the cities have been working on to save city revenues. She stated the Governor chose this meeting to make an announcement that the budget has been approved. D4. Mayor Alexander thanked everybody for last night's National Night Out and also thanked people for their criticisms. He hoped there would be something drafted to eliminate green pools and brought back at the next meeting. II E. CONSENTCALENDAR I El. Approval of Minutes: June 15, 2004 (Special Joint Meeting) June 16, 2004 E2. Approval of Warrants, Register July 14 through July 26, 2004, and Payroll ending July 26, 2004, for the total amount of $4,440,268.87. E3. Approval to authorize the advertising of the "Notice Inviting Bids" for the Highland Avenue Landscape Improvements east of Day Creek Boulevard, to be funded from Acct. No. 11103165650/1454110-0. RESOLUTION NO. 04-245 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR "THE HIGHLAND AVENUE LANDSCAPE IMPROVEMENTS EAST OF DAY CREEK BOULEVARD" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS E4. Approval of Final Map and Ordering the Annexation to Landscape Maintenance District No. 9 and Street Light Maintenance District Nos. 1 and 8 for Tract Map 16454, located at the southeast corner of Base Line Road and Etiwanda Avenue, submitted by KB Home Greater Los Angeles, Inc. RESOLUTION NO. 04-246 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NO. 16454 RESOLUTION NO. 04-247 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 16454 City Council Minutes August 4, 2004 Page 5 E5. Approval of Map, Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for SUBTT16545, located on the southwest corner of Archibald Avenue and Banyan Street, submitted by Cucamonga Ventures, LLC. RESOLUTION NO. 04-248 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT NO. 16545, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO. 04°249 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. t AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR TRACT NO. 16545 E6. Approval for use of the existing Senior Center Building for theater arts programming during the interim time period between the opening of the new Central Park Senior Center and the Victoria Gardens Cultural Center. E7. Approval .of a Resolution authorizing the destruction of City Records pursuant to California Government Code Section 34090, the City's Records Retention Schedule, and other applicable legal citations. REMOVED FOR DISCUSSION BY MELANIE INGRAM. RESOLUTION NO. 04-250 A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CITY RECORDS WHICH ARE NO LONGER REQUIRED AS SET FORTH IN CALIFORNIA GOVERNMENT CODE SECTION 34090 AND OTHER APPLICABLE LEGAL REFERENCES E8. Approval of a Grant of Easement to Southern California Edison Company for the underground work along East Avenue from north of Banyan Street to north of 23rd Street for the consideration of Fire Station No. 176. RESOLUTION NO. 04-251 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE GRANT OF EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY E9. Approval of an Amendment to Reimbursement Agreement, SRA-35, for Traffic Signal Installation at Carnelian and Vivero Streets, in conjunction with the development of Tract 15783, located on the west side of Carnelian Street at Vivero Street, submitted by G & D Construction, Inc., to be funded from Transportation Reimbursement Acct. No. 11243035650/1026124-0. RESOLUTION NO. 04-252 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN AMENDMENT TO THE REIMBURSEMENT AGREEMENT FOR TRAFFIC SIGNAL INSTALLATION AT THE INTERSECTION OF CARNELtAN AND VIVERO STREETS, SRA-35 El0. Approval of a Map and Development Review DRC2002-00292 for Parcel Map 16044, located on the southeast corner of White Oak Avenue and Arrow Route, submitted by Capellino and Associates. City Council Minutes August 4, 2004 Page 6 RESOLUTION NO. 04-253 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NO. 16044 Ell. Approval of a Proposal for Co-Sponsorship and Waiver of Various Fees and Charges for the Rancho Cucamonga Chamber of Commerce's Carnival and Grape Harvest Festival scheduled for October 1 - 3, 2004, at the Epicenter Special Event Area. E12. Approval of a request to issue a Public Convenience and Necessity, DRC2004-00617-Chevron, for a Type 21 off-sale liquor license for a Chevron gas station in the Community Commercial District, located on the south side of Foothill Boulevard, west of Vineyard Avenue at 8801 Foothill Boulevard - APN: 0207-211-12 through 15, 38 and 40. RESOLUTION NO. 04-254 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE AND NECESSITY DRC2004-00617 FOR A CONVENIENCE MARKET (CHEVRON SERVICE STATION) OF BEER, WINE, GOURMET FOOD, AND RELATED ITEMS, LOCATED WEST OF VINEYARD AVENUE AND SOUTH OF FOOTHILL BOULEVARD, AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0207-211- 12, THRU 15, 38 AND 40 E13. Approval to award the Structural Steel and Miscellaneous Metals and Metal Decking Contract to W&W Steel (CO 04-101), for the construction of the Rancho Cucamonga Cultural Center Project, totaling $6,700,000 and authorize the expenditure of a 10% contingency, of $670,000, for a total of $7,370,000 to be funded from 2001 Tax Allocation Bonds to Redevelopment Agency Account No. 2650801-5650/1357650-6314, State Library Grant Funds Account No. 1310602-5650/1357310-6314, and authorize the appropriation of $5,323,150 into Account No. 2650801-5650/1357650-6314, and the appropriation of $2,046,850 into Account No. 1310602-5650/1357310-6314. Aisc, approval of the plan check/permit fees associated with the Victoria Gardens Cultural Center Project; and approval of a budget appropriation of $185,000 into Account Number 2650801-5650/1357650-6320. REMOVED FOR DISCUSSION BY EUGENE WINTER, LYNX IRON CORPORATION. E14. Approval of an Acquisition Agreement (CO 04-105) for the City to acquire off-site properly, security and deposits for Tract Map 16454, located at the southeast corner of Base Line Road and Etiwanda Avenue, submitted by KB Home Greater Los Angeles, Inc. RESOLUTION NO. 04-255 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN ACQUISITION AGREEMENT OF OFF-SITE PROPERTY, SECURITY, AND DEPOSIT FOR TRACT MAP 16454, FROM KB HOME GREATER LOS ANGELES, INC., AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAME E15. Approval of a Professional Services Agreement with SB&O, Inc. (CO 04-106) in the amount of $37,000, and authorize the expenditure of a 10% contingency in the amount of $3,700 to provide Fiscal year 2004/2005 Topographical Design Survey Services for proposed capital improvement projects at various locations within the City, to be funded from Measure I, Drainage, Beautification and Transportation Funds. E16. Approval of a Resolution approving a Boundary Map showing the boundaries of the territory proposed for inclusion in proposed Community Facilities District No. 2004-01 (Rancho Etiwanda Estates). City Council Minutes August4,2004 Page 7 RESOLUTION NO. 04-256 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A BOUNDARY MAP SHOWING THE BOUNDARIES OF THE TERRITORY PROPOSED FOR THE INCLUSION IN PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2004-01 (RANCHO ETIWANDA ESTATES) E17. Approval o1 a Resolution declaring the City's intention to establish Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) and to authorize the levy of a special tax therein to finance the provision of certain public services and the acquisition of certain public facilities. RESOLUTION NO. 04-257 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING iTS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 2004-01 (RANCHO ETIWANDA ESTATES) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE THE PROVISIONS OF CERTAIN PUBLIC SERVICES AND THE ACQUISITION OF CERTAIN PUBLIC FACILITIES E18. Approval of a Resolution ordering and directing the preparation of a report for Proposed Community Facilities District No. 2004-01 (Rancho Etiwanda Estates). RESOLUTION NO. 04-258 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING AND DIRECTING THE PREPARATION OF A REPORT FOR PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2004-01 (RANCHO ETIWANDA ESTATES) E19. Approval of a Resolution declaring intention to issue bonds secured by special taxes to pay for the acquisition or construction of certain public facilities in Community Facilities District No. 2004-01 (Rancho Etiwanda Estates). RESOLUTION NO. 04-259 A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING INTENTION TO ISSUE BONDS SECURED BY SPECIAL TAXES TO PAY FOR THE ACQUISITION OR CONSTRUCTION OF CERTAIN PUBLIC FACILITIES IN COMMUNITY FACILITIES DISTRICT NO. 2004-01 (RANCHO ETIWANDA ESTATES) E20. Approval of a Resolution in support of the Measure I Extension which will be placed on the November 2004 Ballot for voter approval. REMOVED FOR DISCUSSION BY JIM FROST, CITY TREASURER. RESOLUTION NO. 04-260 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, IN SUPPORT OF THE MEASURE I EXTENSION WHICH WILL BE PLACED ON THE NOVEMBER 2004 BALLOT FOR VOTER APPROVAL City Council Minutes August 4, 2004 Page 8 MOTION: Moved by Williams, seconded by Howdyshell to approve the staff recommendations in the staff reports contained within the Consent Calendar with the exception of items E7, E13 and E20. Motion carried 4-0-1 (Kurth absent). DISCUSSION OF ITEM E7, Approval of a Resolution authorizing the destruction of City Records pursuant to California Government Code Section 34090, the City's Records Retention Schedule, and other applicable legal citations, Staff report presented by Debra J. Adams, City Clerk. MOTION: Moved by Williams, seconded by Gutierrez to approve item E7. Motion carried unanimously 4- 0-1 (Kurth absent). DISCUSSION OF ITEM E13. Approval to award the Structural Steel and Miscellaneous Metals and Metal Decking Contract to W&W Steel (CO 04-101), for the construction of the Rancho Cucamonga Cultural Center Project, totaling $6,700,000 and authorize the expenditure of a 10% contingency, of $670,000, for a total of $7,370,000 to be funded from 2001 Tax Allocation Bonds to Redevelopment Agency Account No. 2650801-5650/1357650-6314, State Library Grant Funds Account No. 1310602-5650/1357310-6314, and authorize the appropriation of $5,323,150 into Account No. 2650801-5650/1357650-6314, and the appropriation of $2,046,850 into Account No. 1310602-5650/1357310-6314. Also, approval of the plan check/permit fees associated with the Victoria Gardens Cultural Center Project; and approval of a budget appropriation of $185,000 into Account Number 2650801-5650/1357650-6320. Eugene Winter, Lynx Iron, stated he had submitted a bid on this project, but that it was not put before the Council for approval because there were some minor irregularities with their bid. He stated they were $200,000 lower than what is before the Council this evening. He stated they are also an in-state contractor. James Markman, City Attorney, stated this is being given to the second lowest bidder because the first lowest bidder, Lynx Iron, was non-responsive in two ways. He stated staff recommends sticking with exactly what is in the recommendation in the agenda. He stated the two items of non-response should not be waived. He stated there was an unsigned addendum to the bid, which was not submitted with the bid as required. More importantly, because of a mandate from the County and the State (since there is County and State money involved in paying for this project), the specs made it absolutely clear that anyone who submitted a bid would have to be present at one of the pre-bid conferences and there were five of them conducted. He stated Lynx Iron did not appear at those conferences, which were mandatory. He stated he and staff recommend to award as stated in the agenda. MOTION: Moved by Gutierrez, seconded by Howdyshell to approve CO 04-101. Motion carried unanimously 4-0-1 (Kurth absent). DISCUSSION OF ITEM E20. Approval of a Resolution in support of the Measure I Extension which will be placed on the November 2004 Ballot for voter approval. Jim Frost, City Treasurer, asked for a staff report to be given on this item because of its importance. A staff report was presented by Jon Gillespie, Traffic Engineer. MOTION: Moved by Williams, seconded by Gutierrez to approve Resolution No. 04-260. Motion carried unanimously 4-0-1 (Kurth absent). City Council Minutes August 4, 2004 Page 9 [I F. CONSENT ORDINANCES II James Markman, City Attorney, stated the EIR consultant for this project felt it would be helpful to include in the record a response to some of the sewer line issues that were raised at the last hearing on this by Craig Sherman, the attorney that opposed this project. He stated he wanted the record to reflect that there has been submitted to the Council for the record a letter dated August 3, 2004 from Michael Brandman Associates, signed by Kent Norton, with an appendix attached to this letter all of which deals with clarification of sewer line issues. He stated the developer might want to add something before the Council goes on to second reading. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. Fl. ENVIRONMENTAL IMPACT REPORT AND ETIWANDA NORTH SPECIFIC PLAN AMENDMENT DRC2003-00409 - TRAIGH PACIFIC - A proposed Etiwanda North Specific Plan Amendment of approximately 168.77 acres of land from Very Low Residential (.1-2 dwelling units per acre), to Low residential (2-4 dwelling units per acre) and Flood Control/Resource Conservation and master-planned circulation modifications to the north, for land located north of the SCE corridor between Etiwanda Avenue and East Avenue - APN: 0225-083-05, 06, 07, 10, 22, 23, 28 and 26 and 0225-084-02. Related Files: Annexation DRC2003-01051, Tentative Tract Map SUBTT14749, General Plan Amendment DRC2003-00410 and Development Agreement DRC2003-00411. Debra J. Adams, City Clerk, read the title of Ordinance No. 729. ORDINANCE NO. 729 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CiTY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ETIWANDA NORTH SPECIFIC PLAN AMENDMENT DRC2003-00409, TO CHANGE THE DISTRICT DESIGNATION FROM VERY LOW RESIDENTIAL (.1-2 DWELLING UNITS PER ACRE) TO LOW RESIDENTIAL (2-4 DWELLING UNITS PER ACRE) AND FLOOD CONTROL/RESOURCE CONSERVATION FOR 168.77 ACRES OF LAND LOCATED NORTH OF THE LOWER SOUTHERN CALIFORNIA EDISON (SCE) CORRIDOR BETWEEN ETiWANDA AVENUE AND EAST AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0225-083- 05, 06, 07, 10, 22, 23, 25, AND 26 AND 0225-084-02 MOTION: Moved by Williams, seconded by Howdyshell to waive full reading and approve Ordinance No. 729. Motion carried unanimously 4-0-1 (Kurth absent). F2. ENVIRONMENTAL IMPACT REPORT AND DEVELOPMENT AGREEMENT DRC2003-00411 - TRAIGH PACIFIC - A proposed Development Agreement to address specific conditions of development and annexation for 168.77 acres of land within the Etiwanda North Specific Plan, located north of the SCE corridor between Etiwanda Avenue and East Avenue - APN: 0225-083-05, 06, 07, 10, 22, 23, 25, and 26 and 0226-084-02. Related Files: Annexation DRC2003-1051, Tentative Tract Map SUBTT14749, Etiwanda North Specific Plan Amendment DRC2003-00409 and General Plan Amendment DRC2003- 00410. Debra J. Adams, City Cterk, read the title of Ordinance No.730. City Council Minutes August 4, 2004 Page 10 ORDINANCE NO. 730 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT DRC2003-00411, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND TRAIGH PACIFIC, FOR THE PURPOSE OF DEVELOPING AN APPROXIMATE 168.77 ACRE SITE WITH UP TO 269 RESIDENTIAL LOTS, FOR PROPERTIES GENERALLY LOCATED NORTH OF THE SOUTHERN CALIFORNIA EDISON (SCE) CORRIDOR BETWEEN ETIWANDA AVENUE AND EAST AVENUE - APN: 0225-083-05, 06, 07, 10, 22, 23, 25, AND 26 AND 0225-084-02 MOTION: Moved by Williams, seconded by Howdyshell to waive full reading and approve Ordinance No. 730. Motion carried unanimously 4-0-1 (Kurth absent). II G. ADVERTISED PUBLIC HEARINGS I Gl. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING A NEW COMPREHENSIVE FEE SCHEDULE FOR SERVICES PROVIDED BY THE COMMUNITY SERVICES DEPARTMENT, AND THE RANCHO CUCAMONGA POLICE DEPARTMENT, BY MODIFYING CERTAIN FEES ESTABLISHED IN RESOLUTION 03-030 Staff report presented by Dawn Haddon, Purchasing Manager, who indicated them were corrected pages distributed that were part of the Resolution. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. RESOLUTION NO. 04-261 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING A NEW COMPREHENSIVE FEE SCHEDULE FOR SERVICES PROVIDED BY THE COMMUNITY SERVICES DEPARTMENT, AND THE RANCHO CUCAMONGA POLICE DEPARTMENT, BY MODIFYING CERTAIN FEES ESTABLISHED IN RESOLUTION 03-030 MOTION: Moved by Williams, seconded by Howdyshell to approve Resolution No. 04-261 as corrected. Motion carried unanimously 4-0-1 (Kurth absent). H. PUBLIC HEARINGS ITEMS HI AND H2 WERE PRESENTED AS ONE ITEM. HI. CONSIDERATION OF AN ORDINANCE ADOPTING REGULATIONS APPLICABLE TO VEHICULAR CRUISING, AND AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE Staff report presented by Duane Baker, Assistant to the City Manager. Councilmember Williams felt it was remarkable that we are doing these for the mall already. City Council Minutes August4,2004 Page 11 Mayor Alexander felt Forest City is to be commended for wanting to keep the mall safe. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 731. ORDINANCE NO. 731 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING REGULATIONS APPLICABLE TO VEHICULAR CRUISING, AND AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE MOTION: Moved by Gutierrez, seconded by Williams to waive full reading and set second reading of Ordinance No. 731 for the August 18, 2004 meeting. Motion carried unanimously 4-0-1 (Kurth absent). H2. CONSIDERATION OF AN ORDINANCE FINDING AND DECLARING THAT DESIGNATED PRIVATE ROADS TO VICTORIA GARDENS, AND PARKING STRUCTURES THEREIN, SHALL BE SUBJECT TO SPECIFIC PROVISIONS OF THE CALIFORNIA VEHICLE CODE SEE DISCUSSION FOR THIS ITEM UNDER H1, Debra J. Adams, City Clerk, read the title of Ordinance No. 732. ORDINANCE NO. 732 (first reading) AN ORDINANCE OF THE CiTY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FINDING AND DECLARING THAT DESIGNATED PRIVATE ROADS TO VICTORIA GARDENS, AND PARKING STRUCTURES THEREIN, SHALL BE SUBJECT TO SPECIFIC PROVISIONS OF THE CALIFORNIA VEHICULAR CODE MOTION: Moved by Gutierrez, seconded by Williams to waive full reading and set second reading of Ordinance No. 732 for the August 18, 2004 meeting. Motion carried unanimously 4-0-1 (Kurth absent). II I. CITY MANAGER'S STAFF REPORTS II I1. LEGISLATIVE UPDATE - (Oral) Councilmember Williams stated the budget was adopted last week and signed by the Governor. She mentioned the effects this will have on cities because of the money that will be shifted to the State from all of the cities. She stated Proposition lA needs to be passed so there is a constitutional amendment whereby the State cannot take revenues (including the City's sales tax revenue) from cities. She added this amendment would not have been possible if it had not been for the League of California Cities. She stated this was a long shot, but the cities got what they wanted through this amendment. She stated the good thing is that the property and sales tax revenue will be the City's after two years due to the structure of this amendment. City Council Minutes August 4, 2004 Page 12 12. PRESENTATION OF POLICE DEPARTMENT'S "SAFE DRIVER RECOGNITION PROGRAM"- (Oral) Captain Pete Ortiz, Rancho Cucamonga Police Department, introduced Deputy Geiss who informed the Council about the "Safe Driver Recognition Program." He added this program is centered on good and courteous drivers and that it is being sponsored by many local restaurants in the City, Deer Creek Car Wash and they have also received movie passes. He stated that the AAA is also supporting this program. He informed the Council when an officer observes a motorist doing a safe driving act, they will be giving that person one of the coupons from one of the local businesses. He hoped this will encourage other drivers to be safe and courteous. Councilmember Williams felt if someone sees the red lights flashing behind them, they will have a heart attack. Deputy Geiss stated there will be an officer on a motorcycle pull up beside them and advise that person they have done a safe driving act. He stated this will continue until October and then start again next summer if this goes well. Councilmember Williams commented on how Sapphire is safer because of the stop signs that have been installed. She stated a lot of citizens have been issued citations and people are a lot safer now. ACTION: Report received and filed. 13. REQUEST BY THE FREEDOM'S FLAME MEMORIAL FOUNDATION TO USE FIRE STATION 174 FOR A 9/11 MEMORIAL EVENT A staff report was presented by Duane Baker, Assistant to the City Manager. Mayor Alexander opened the meeting for public comments. Addressing the City Council was: Dennis Stout, Chairman of the Foundation, talked about the memorial itself and where it has been displayed in the past. He stated this year they would like to be able to use Station 174 for their event and then caravan down to Corona. He stated the event will end with a dinner, which is a fundraiser. Councilmember Howdyshell commended Mr. Stout for chairing this event and stated he is proud this is in Rancho Cucamonga. He asked if the flags could be flown at half mass on this day. Mr. Stout felt this could be done, that the City can do whatever it thinks is appropriate. Jack Lam, City Manager, stated staff would look at the protocol for this. MOTION: Moved by Howdyshell, seconded by Williams to approve the request by the Freedom's Flame Memorial Foundation. Motion carried unanimously 4-0-1 (Kurth absent). II J. COUNCIL BUSINESS I J1. DESIGNATION OF A VOTING REPRESENTATIVE AND AN ALTERNATE FOR THE LEAGUE OF CITIES ANNUAL MEETING A staff report was presented by Jack Lam, Gity Manager. MOTION: Moved by Alexander, seconded by Gutierrez to designate Diane Williams as the voting member. Motion carried unanimously 4-0-1 (Kurth absent). City Council Minutes August 4, 2004 Page 13 MOTION: Moved by Williams, seconded by Howdyshell to designate Michelle Dawson as the alternate. Motion carried unanimously 4-0-1 (Kurth absent). ]1 K. IDENTIFICATION OF ITEMS FOR THE NEXT MEETING No items were identified for the next meeting. L. PUBLIC COMMUNICATIONS L1. Leslie Grimes stated it is wonderful to have libraries and how important they are to the City. She felt it would be great to have more books in the library and at schools that have stories about children with disabilities. She hoped there would be funding to buy these. She stated Pauline Dean is very ill and asked for everyone to pray for her. She hoped the Council will back her on her challenge to get busses for the seniors. L2. Hilda Phillips stated she has donated mementos from New York to the Senior Center. She also wanted to include her pictures from the 4th of July with the other things she donated. She stated she admired what Dennis Stout is doing. I M. ADJOURNMENT I MOTION: Moved by Gutierrez, seconded by Howdyshell to adjourn. Motion carried unanimously 4-0-1 (Kurth absent). The meeting adjourned at 8:45 p.m. to closed session, not to reconvene. Closed session adjourned at 9:30 p.m. with no action taken. Respectfully submitted, City Clerk Approved: September 2, 2004