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HomeMy WebLinkAbout2006/04/05 - Minutes April 5, 2006 CITY OF RANCHO CUCAMONGA CITY COUNCIL CLOSED SESSION MINUTES II A. CALL TO ORDER II The Rancho Cucamonga City Council held a closed session on Wednesday, April 5, 2006, in the Tapia Room of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:30 p.m. by Mayor William J. Alexander Present were Councilmembers: Rex Gutierrez, L. Dennis Michael, Sam Spagnolo, Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; Pamela Easter, Deputy City Manager; D. Craig Fox, Deputy City Attorney; and Joe O'Neil, City Engineer. 1< 11 1r 1< 1< 1< II B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) ~I Mayor Alexander announced the closed session items: B1. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO SUBDIVISION (a) OF GOVERNEMNT CODE SECTION 54956.9 - CITY OF RANCHO CUCAMONGA V. MALAKLOU, et al. - SAN BERNARDINO SUPERIOR COURT CASE NO. RCV 087469 (ASSESSOR'S PARCEL NUMBER 110-001-02). - CITY * * * * * * II C. PUBLIC'COMMUNICATIONS ON CLOSED SESSION ITEM(S) II No one was present to comment on the closed session item. * * 1< * * * D. CONDUCT OF CLOSED SESSION Closed session began at 5:35 p.m. * * * * * * II E. CITY MANAGER ANNOUNCEMENTS AND REpORTS II ****** F. RECESS The closed session adjourned at 6:40 p.m. with no action taken. * * * * * * City Council Minutes April 5, 2006 Page 2 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reoular Meetino A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, April 5, 2006, 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 7:04 p.m. Present were Councilmembers: Rex Gutierrez, L. Dennis Michaei, Sam Spagnolo, Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; Pamela Easter, Deputy City Manager; D. Craig Fox, Deputy City Attorney; Mike Nelson, Sr. Redevelopment Analyst; James C. Frost, City Treasurer; Lorraine Phong, Sr. Information Systems Analyst; Sam Davis, Sr. Information Systems Specialist; Joe O'Neil, City Engineer; Maria Perez, Associate Engineer; Dan Coleman, Acting City Planner; Kevin McArdle, Community Services Director; Dave Moore, Community Services Superintendent; Nettie Nielsen, Community Services Superintendent; Susan Sluka, Community Services Supervisor; Francie Palmer, Marketing Manager; Paula Pachon, Management Analyst III; Deborah Clark, Library Director; Captain Pete Ortiz, Rancho Cucamonga Police Department; Chief Peter Bryan, Rancho Cucamonga Fire Protection District; Kathy Scott, Deputy City Clerk; Shirr'l Griffin, Office Specialist II - City Clerk's Office; and Debra J. Adams, City Clerk. * * * * * * B. ANNOUNCEMENTS/PRESENTATIONS B1. Introduction of new SAN BAG Executive Director Tony Grasso. Tony Grasso introduced himself to the City Council and gave his background. He told how it has grown over the years since he has lived here. He stated it is good to be with SANBAG. He told about projects that have been developed. He stated they hope the 210 Freeway goes through to San Bernardino in the next 16 - 18 months. He also told about other projects they are invoived in. He stated he looks forward to partnering with the Rancho Cucamonga on future projects. B2. Recognition of former Park and Recreation Commissioner Lou Munoz. The Mayor and City Council presented the Proclamation to Lou Munoz and thanked him for his service on the Park and Recreation Commission. Mr. Munoz thanked the staff and City Council for giving him the opportunities he has had. B3. Announcement of the Inaugural Season of the Lewis Family Playhouse and launch of season ticket sales. Nettie Nielsen, Community Services Superintendent, showed a DVD of the Inaugurai Season for the Lewis Family Playhouse. She also told about ticket sales. City Councii Minutes April 5, 2006 Page 3 B4. Presentation to David Parker and Target Stores in appreciation for community giving grant received by City to present story theater presentation of "The Family Miser" at the Theatre Arts Center on March 3 & 4, 2006. Susan Sluka, Community Services Supervisor told about Target's donation to the City. The Council presented David Parker, Rancho Cucamonga Target Store Manager, with a plaque of a collage of the event held. Susan Sluka, Community Services Supervisor, stated Target has also given a very generous donation to allow families to bring their kids to see live theater. B5. Presentation of a Proclamation in recognition of April 2-8, 2006, as "National Library Week." The Mayor and City Council presented the proclamation to Deborah Clark, Library Director. B6. Added item - Presentation of a Proclamation in recognition of April 2006 as "Child Abuse Prevention Month." No one was present to accept the Proclamation. B7. Added item - Fire Chief Peter Bryan stated 4 year old Maddison was the first infant in Rancho Cucamonga to be turned in under the new "Safe Haven Law." He added she is one of 122 children in the State of California, one of thirteen in San Bernardino County to be turned in and saved under the new "Safe Haven Law." He stated this means there are this many children that have also found wonderful. homes that might not have otherwise. He stated Rancho Cucamonga is very proud to be part of this program. He continued talking about this new law. ****** C. PUBLIC COMMUNICATIONS C1. Sharon Fox asked the Council to consider keeping the "Fit Over 50" program at the senior center. She told how much she liked this program. C2. Sandy Macy stated the "Fit Over 50" is a good program and she enjoys it very much. She asked that it not be limited to age 60 and over. She felt the age to participate should be kept at age 50. She talked about a newspaper article she read that indicated the County is providing seed money to cities for health programs. She added there was no place on the application to list your age, and didn't feel the staff should be required to guess at someone's age and tell them to get out because they are not over 60. Mayor Alexander stated he did not think there wouid be anymore efforts to leave out the 50 year olds who have a spouse over 60 years old. He told her to let this run its course and felt things wouid get worked out. C3. Nancy Guerra, resident since 1989, wanted to thank the Mayor for the great City that Rancho Cucamonga is. She talked about the upcoming elections and told the Council that people are watching them. C4 AI Flores, Cedar Mountain Drive, spoke about the senior center. He stated many of the seniors are trying to work with staff to propose a program to expand the wellness center. He stated they do not agree with the program that the Senior Advisory Committee has approved. He stated they would like to have an opportunity to present this at the next Council meeting. He stated they have information to submit for the record, which is on file in the City Clerk's office. City Council Minutes Aprii 5, 2006 Page 4 C5 Jeri Lee, a resident for 26 years, stated she supports the seniors and felt it was wrong to discriminate against age. She stated they need more room to exercise. She stated she has been very impressed with Gary Lacy and his proposais. She did not agree with how the Mayor allowed the Recall Committee to go on as they did over 4 Councilmembers in previous years. She asked if the three retired fireman on the Council can vote on fi,e issues. She feit those Council persons that are retired fireman should not vote on any fire issues. She felt everyone should work together and provide more senior services. She asked the City Attorney for his opinion on this. D. Craig Fox, Deputy City Attorney, stated he cannot give a generalized answer at this time, that a vote depends on the circumstances. He stated if the Council wants him to analyze this, he would be happy to report back. Councilmember Gutierrez felt the City Attorney could provide a response to this. C6. Martina Maraflor, resident of Rancho Cucamonga, stated she was present earlier in the year to request a cross walk on Sase Line near the senior complex. She still feels that jaywalking by the seniors is an existing problem, and that another access to cross the street should be granted. She stated she respectfully disagrees with Mr. Gillespie's report in denying her request. She did not feel Mr. Gillespie's report was accurate, and that it provided conflicting information. She asked how many fatalities and near misses will have to occur before there is a properly marked crosswalk. C7. Sal Curasi addressed the Council about the senior center and exercise room. He stated he was glad to be invited to participate in the "Fit Over 50" program, and stated now, unfortunately, there is a conflict. He did not understand why this is so controversial now. He stated he agreed it is overcrowded, but hasn't had to wait more than 10 minutes for a piece of equipment. He fell anyone who was invited to participate in a community activity hates to be uninvited a - 10 months later. He did not feel this was a good message to the community. He felt this was a discriminatory approach, he did not agree with it, and did not feel they should have to be sectioned off. He stated he disagreed with the seniors that the 50 - 60 years olds are intimidating and taking over. ca. Sill McCliman felt the City should do something to help the lady (pointed to someone in the audience) that spoke. He felt campaign contributions should be looked at to see where the Council is taking their money. He referred to the L.A. Times and an article about a San Diego Fire Chief that resigned. He stated his reason for resigning was because the Council refused to provide him with the appropriate funding to protect the citizens. He stated he respected the Fire Chief for standing up to the Council. He stated about a year ago he made a presentation that there was a lot of money in reserves. He stated he was told at that time he was wrong. He stated now the truth needs to come out what the reserves really are. C9. Gary Lacy felt the people that have served should take credit for the City that it is. He stated the issues he has been involved in are regarding agenda items. He stated many people are now aware how the Mayor runs the meeting in an unprofessional and biased way that favors the self-serving political desires of the Fire Fighter's union. He stated this constitutes a lack of decorum. He felt the whole issue of response time is a smoke screen for the Fire Union so they can become more politically active. He mentioned the last meeting and the time the Mayor allowed Mr. McCliman to speak and answer questions. He felt what Mr. Lam reported on the City's finances was very clear and easy to understand. He stated Council member Spagnolo needs to quit making comments that he wants the fire fighters to wear backpacks with hoses and old equipment. He stated that is false. He stated he is willing to meet with anyone that wants to meet with him on the issues he has brought up at prior meetings. He said he will not tolerate anyone that wants to say slanderous comments about his character or another citizen. He felt it was the responsibility of the Mayor to stop this. C10. A lady (who did not identify herself) said she is very confused by people slandering other people and felt that is just exactly what happened to Mr. Spagnolo by Mr. Lacy. She felt people should walk their taik. City Council Minutes April 5, 2006 Page 5 '" '" * * * * D. CONSENT CALENDAR 01. Approval of Minutes: March 1, 2006 March 9, 2006 (Special Meeting) March 15, 2006 (Speciai Meeting) 02. Approval of Check Register dated March 8, 2006 through March 28, 2006 and Payroll ending 3/28/06, for the total amount of $7,216,541.63. 03. Approval to receive and fiie current Investment Schedule as of February 28, 2006. 04. Approval of plans and specifications for the "Citywide Street Name Sign Replacement, Phase 4" and authorize the City Clerk to advertisement the "Notice Inviting Bids," to be funded from Acct. NO.1 025001- 5300 as approved in the FY 05-06 budget. RESOLUTION NO. 06-088 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR CITYWIDE STREET NAME SIGN REPLACEMENT, PHASE 4, AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 05. Approval of recommended names for the three parks located in the Rancho Summit Development, south of Wilson Avenue on the east and west sides of Wardman Bullock Road, north and south of Summit Avenue. 06. Approval to appropriate $300,000 donated by the PAL (Promoting Arts and Literacy) Campaign; $10,000 awarded by the Rancho Cucamon9a Public Library Foundation and $32,000 donated by the Friends of the Rancho Cucamon9a Public Library into the following library expenditure accounts: $300,000 into Library Acct. No. 1290607-5200; $20,000 into Library Acct. No. 1290601-5200; $12,000 into Acct. No. 1290606-5605 and $10,000 into Acct. No. 1290606-5606. 07 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 appiicable legal citations. RESOLUTION NO. 06-089 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 08. Approval of an Agreement Amendment with the County of San Bernardino to provide the city with $200,000 in additional one-time funding to be used for the construction of the Victoria Gardens Library ($100,000) and for the purchase of books for the Archibald Library ($100,000); and authorization to accept grant revenue in the amount of $200,000 into Acct. No. 1312000-4740; and authorization to appropriate $100,000 into Acct. No. 1312602-5650/1357312-6314, $90,000 into Acct. No. 1312602-5200 and $10,000 into Acct. No. 1312602-5300. 09. Approval of the Annexation to Landscape Maintenance District Nos. 1 and Street Lighting Maintenance District Nos. 1 and 2 for 8622 Via Huerte, located on the north side of Via Huerte, west of Carnelian, north of Foothill, submitted by Linda V. & Thomas F. White. City Council Minutes April 5, 2006 Page 6 RESOLUTION NO. 06-090 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR 8622 VIA HUERTE (APN: 0207-601-10) 010. Approval of Improvement Agreement, Improvement Securities, Map, Monumentation Cash Deposit, and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Light Maintenance District Nos. 1 and 2 for Parcel Map 16089, located east of the northeast corner of Hermosa and Wilson Avenues, submitted by David and Judy Dowding, Daniel and Karla Valdivia, and Fabricio Badiola. RESOLUTION NO. 06-091 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 16089, MONUMENTATION CASH DEPOSIT, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITIES FOR PUBLIC STREET IMPROVEMENTS RESOLUTION NO. 06-092 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR PARCEL MAP 16089 011. Approval of Map, Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 7 and Street Lighting Maintenance District Nos. 1 and 7 for PM 16969, located on the west side of East Avenue, north of Highland Avenue, submitted by Verizon California, Inc. RESOLUTION NO. 06-093 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 16969, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO. 06-094 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO.7 AND STREET LIGHT MAINTENANCE DISTRICT NOS. 1 AND 7 FOR PARCEL MAP 16969 012. Approval of Improvement Agreements and Improvement Securities for Parks "A", "B" and "C" for Tract No. 14759, located at Wardman Bullock Road and Wilson Avenue, submitted by Pulte Homes - APN: 226-102-17. City CounCii Minutes April 5, 2006 Page 7 RESOLUTION NO. 06-095 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENTS AND IMPROVEMENT SECURITIES FOR PARKS "A", "B" AND "c" FOR TENTATIVE TRACT 14759 013. Approval of a Resolution of the City Council to approve and adopt the relocation plan in connection with Haven Avenue Grade Separation Project. REMOVED FROM AGENDA. TO COME BACK AT A FUTURE MEETING. RESOLUTION NO. 06-096 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNiA, TO APPROVE AND ADOPT THE RELOCATION PLAN IN CONNECTION WITH THE HAVEN AVENUE GRADE SEPARATION PROJECT 014. Approval to use Eminent Domain to obtain off-site rights-of-way in conjunction with the development of Tentative Tract 17651 (SUBTT17651), iocated on the south side of Banyan Street east of East Avenue, submitted by Tava Development Company, APN: 225-191-12. 015. Approval to accept grant funding in the amount of $237,079 from the Mobile Source Air Pollution Reduction Review Committee (MSRC) for development of alternative fueling infrastructure and purchase of two CNG dump trucks; and authorize the City Engineer to be the designated signatory authority on behalf of the City of Rancho Cucamonga. 016. Approval to accept grant revenue in the amount of $143,208.00 awarded by the Department of Homeland Security (Homeland Security Grant 2005), administered by the State of California and San Bernardino County of Emergency Services into Acct. No. 1387000-4740 (Grant Income), and authorization to appropriate $107,750.00 into Acct. No. 1381701-5604 (Vehicles) and $35,538.00 into Acct. No. 138701-5603 (Equipment/Radios/Phones) for a mobile communications command post for emergency services. 017. Approvai of the Annexation to Landscape Maintenance District No. 1 for Street Lighting Maintenance District Nos. 1 and 2 for 10131 24th Street, located on the south side of 24th Street east of Hermosa Avenue, submitted by Octavio Ruiz-Villapando, Flor Alvarez De Ruiz & Javier Martinez. RESOLUTION NO. 06-097 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR 10131 24TH STREET (APN: 0209-111-03) 018. Approval of Improvement Agreement, Improvement Securities and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for DRC2005-00068, located at 8358 Red Hill Country Club Drive, submitted by Red Hill Country Ciub, Inc. RESOLUTION NO. 06-098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR DRC2005- 00068 City Council Minutes April 5, 2006 Page 8 RESOLUTION NO. 06-099 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAITNENANCE DISTRICT NO. 3B AND STREET LIGHT MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DRC2005-00068 019. Approvai of Map, Improvement Agreement, Improvement Securities, Monumentation Cash Deposit and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for Parcel Map 16141, located on the south side of 9th Street and the east side of Baker Avenue, submitted by HC Vineyard, LLC. RESOLUTION NO. 06-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 16141, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT RESOLUTION NO. 06-101 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 STEET LIGHT MAINTENANCE DISTRiCT NOS. 1 AND 6 FOR PARCEL MAP 16141 020. Approval of Map, Improvement Agreement, Improvement Securities, Monumentation Cash Deposit and Ordering the Annexation to Landscape Maintenance District NO.1 and Street Lighting Maintenance District Nos. 1 and 2 for Tract 16971, located on the east side of Hellman Avenue, south of 6th Street, submitted by Crestwood Corporation. RESOLUTION NO. 06-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP 16971, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT RESOLUTION NO. 06-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO.1 AND STREET LIGHT MAINTENANCE DISTRICT NOS. 1 AND 2 FOR TRACT MAP 16971 021. Approval to execute a contract amendment with Brodart, Inc. (CO 05-124) for the acquisition and processing of library materials for the Archibald Library, adding $23,000 from Library Accl. No. 1290606- 5200; and $90,000 from Biane County Library Grant Accl. No. 1312602-5200 and $10,000 from Biane County Library Grant Accl. No. 1312602-5300; thereby increasing the amount contracted to spend on book processing and library materials for Archibald Library by $123,000. City Council Minutes April 5, 2006 Page 9 022. Approval to award bid package 10-3, signage and graphics, to Carey Sign Graphics (CO 06-028/RA 06-014) for the Rancho Cucamonga Culturai Center Project, totaling $132,868.50, and authorize the expenditure of a 5% contingency in the amount of $6,643.43, to be funded from County Biane Special Funds, Accl. No. 1312602-5650/1357312-6314 ($68,080), RDA Library Tax Funds, Accl. No. 1290801- 5650/1388290-6314 ($11,000), and RDA 2001 Tax Allocation Bond Fund, Accl. No. 2650801- 5650/1357650-6314 ($60,432). D23. Approval for award and authorize the execution of a Professional Services Agreement in the amount of $12,200 with Elie Farah, Inc. (CO 06-029) and authorize the expenditure of a 10% contingency in the amount of $1 ,200.00 for traffic counts and ievel of service calculations as required by the San Bernardino County Congestion Management Program (CMP), to be funded from Fund 124 (Transportation Development Fee), Accl. No. 1124303-5300, and appropriate an additional amount of $2,200.00 to Accl. No. 1124303-5300 from Fund 124 (Transportation Development Fee) Fund balance. 024. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $266,854.00 to the apparent low bidder, Gentry Brothers, Inc. (CO 06-030), and authorize the expenditure of a 10% contingency in the amount of $26,685.40 for the Archibald Avenue Pavement Rehabilitation from 19th Street to Banyan Street, to be funded from Measure "I" funds, Accl. No. 11763035650/1516176-0 and appropriate an additional amount of $25,000.00 to Accl. No. 11763035650/1516176-0 from Measure "I" fund balance. D25. Approval to release Maintenance Guarantee Letter of Credit for DRC2001-00805, located at 10863 and 10865 Jersey Boulevard, submitted by Ralph Karubian, Sol Stone, Marcia Stone, Charles Karublan and Laurence Karubian. 026. Approval of Maintenance Guarantee Letter of Credit for DRC2002-00601, located on the west side of Vineyard Avenue, approximately 600 feet south of Foothill Boulevard, submitted by Sommerville- Con zelman Company. 027. Approval to release Maintenance Guarantee Bond 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. 028. Approval to release Faithful Performance Bond No. 6169984 in the amount of $1 ,275,114.00 for the MallOn-Site Water and Sewer of Community Facilities District 2003-01, Contract No. 03-117. 029. Approvai to release Faithful Performance Bond No.TD8258 in the amount of $1,633,775.13 for the Phase 1 B(e) of Community Facilities District 2001-01, including Landscaping and Amenities on Arbor Lane, Contract No. 04-069. 030. Approval to accept the 12 KV Electrical Distribution System Cabling, Connections, Equipment, Conduit and Substructure Project, Contract No. 04-169 as complete, approval to appropriate $23,151.83 to Accl. No. 1705303-5650/1489705-0 from Municipal Utility fund balance and $10,143.75 to Accl. No. 1705303-5650/1488705-0 from Municipal Utility fund balance, release the bonds, accept a Maintenance Bond, and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $685,796.01. RESOLUTION NO. 06-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, 12 KV ELECTRICAL DISTRIBUTION SYSTEM CABLING, CONNECTIONS, EQUIPMENT, CONDUIT AND SUBSTRUCTURE PROJECT, CONTRACT NO. 04-169, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK City Council Minutes April 5, 2006 Page 10 031. Approval to accept the Grove Avenue Street Improvements from 8th Street to Arrow Route, Contract No. 05-075 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 $485,154.78. RESOLUTION NO. 06-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE GROVE AVENUE STREET IMPROVEMENTS FROM 8TH STREET TO ARROW ROUTE, CONTRACT NO. 05-075 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 032. Approval to accept the Base Line Road Pavement Rehabilitation from Hermosa Avenue to Valencia Street, Contract No. 05-091 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 approval the final contract amount of $219,853.35. RESOLUTION NO. 06-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE BASE LINE ROAD PAVEMENT REHABILITATION FROM HERMOSA AVENUE TO VALENCIA AVENUE, CONTRACT NO. 05-091, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 033. Approval to accept the Archibald Avenue Pavement Rehabilitation from Base Line Road to 19th Street, Contract No. 05-093 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 $340,624.19. RESOLUTION NO. 06-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE ARCHIBLAD AVENUE PAVEMENT REHABILITATION FROM BASE LINE ROAD TO 19TH STREET, CONTRACT NO. 05-093, AND AUTHORIZING THE FILING OF A NOTiCE OF COMPLETION FOR THE WORK MOTION: Moved by Wiiiiams, seconded by Gutierrez to approve the staff recommendations in the staff reports contained within the Consent Calendar with the exception of item 013. Motion carried unanimously 5-0. '" '" * '" * * E. CONSENT ORDINANCES No items submitted. * * '" * * '" II F. ADVERTISED PUBLIC HEARINGS II No Items Submitted. City Council Minutes April 5, 2006 Page 11 * * * * * * II G. PUBLIC HEARINGS II G1. CONSIDERATION OF A RESOLUTION OF NECESSITY FOR THE ACQUISITION IN EMINENT DOMAIN OF CERTAIN REAL PROPERTY INTERESTS IN APN: 0209-131-02 IN CONNECTION WITH THE CONSTRUCTION OF THE HAVEN GRADE SEPARATION PROJECT A staff report was presented by Maria Perez, Associate Engineer. Council member Michael asked if this was being privately developed, wouid the developer have to make the same improvements that are being done now for the grade separation at Haven. Maria Perez, Associate Engineer, stated she didn't think we would require them to build the grade separation because that is a regional benefit, but stated the right of way dedication would be the same requirement. Mayor Alexander opened the meeting for public testimony. Addressing the City Councii was: Edward Burg, representing Hoefer Properties LLC and Pioneer LLC, who are the owners of the property, stated some of the objections they raised at the last meeting have been taken care of, but some of them have not. He stated the first objection is that the City has failed to comply with CEQA requirements by failing to do full environmental analysis and environmental impacts of this project. He stated the second objection is that the offer made to the owners fails to comply with the requirements of the Government Code. He stated the offer was amended to be made to both owners of the property. He reported on the four conditions that he felt were not part of the offer. He stated the third objection is there is not sufficient evidence that this project is planned in the manner most consistent with the greatest public good and the least private injury. He stated he would like the Council to reject the Resolution of Necessity because the requirements for eminent domain action have not been met. There being no further comments, the public hearing was closed. Council member Williams brought up that negotiations can continue even if this is approved tonight. RESOLUTION NO. 06-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY INTERESTS IDENTIFIED AS SAN BERNARDINO COUNTY ASSESSOR'S PARCEL NUMBER 0209-131-02 NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE HAVEN GRADE SEPARATION PROJECT MOTION: Moved by Michael, seconded by Spagnolo to approve Resolution No. 06-108. Motion carried unanimously 5-0. G2. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 19.12 OF THE MUNICIPAL CODE PERTAINING TO FLOOD DAMAGE PROTECTION TO COMPLY WITH THE LATEST FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) REGULATIONS IN THE CITY OF RANCHO CUCAMONGA A staff report was presented by Joe O'Neil, City Engineer. City Council Minutes April 5, 2006 Page 12 Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. Council member Williams stated if this is all FEMA can find wrong by requiring us to correct things through this Ordinance, she felt that is a real positive statement for our Public Works Department. Debra J Adams, City Clerk, read the title of Ordinance No. 757. ORDINANCE NO. 757 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 19.12 OF THE RANCHO CUCAMONGA MUNICIPAL CODE, PROVIDING FOR FLOODPLAIN MANAGEMENT REGULATIONS MOTION: Moved by Williams seconded by Spagnolo to waive full reading and set second reading of Ordinance No. 757 for April 19, 2006. Motion carried unanimously 5-0. '" '" '" * '" '" H. CITY MANAGER'S STAFF REpORTS No items submitted. '" '" * * * '" I. COUNCIL BUSINESS 11. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Councilmember Michael stated Monday night a workshop was held regarding opening the animal shelter and wanted to let the audience know about the excellent presentation that was given. He stated the quality of the work that staff does is excellent and they always try to do their best. Councilmember Williams presented her legislative report at this time and commented on the City/County conference that recently took place in Arrowhead. She thanked Senator Dutton for his biil on transportation enhancement and for all of his efforts to help our City. She also thanked Assemblyman Emmerson for all of his efforts to help our City with regards to group homes. She stated there is currently a telecommunications debate at both the State and Federal level which will be a key issue for cities as legislators are considering changes to the 1996 Telecommunications Act. She stated our City has urged our Federal representatives to preserve valuable City services, maintain key elements of Franchise Agreements, preserve local government management of public rights of way and preserve local authority to deploy municipal broadband networks. She also commented on National Library Week and encouraged everyone to visit the Friends of the Library Book Store at the Archibald Library and shop there. Se stated the Friends are in need of paperback books. Councilmember Spagnolo stated the City is now able to view the Generai Plan on the City's website which is a good thing. Councilmember Gutierrez wanted to reiterate all the good things going on in the City from the Mall to the Library to the Senior Center, and the Cullurai Center. He stated we can't always make everyone happy in the City, but the Council does the best it can. He stated he resents his character being knocked down, and fell we need a higher levei of decorum at our meetings. He also commented on campaign City Council Minutes April 5, 2006 Page 13 • contributions from the Fire Union He stated he loves this City and is proud to be a part of it He stated if anyone has any needs they should feel free to call on him 12 LEGISLATIVE UPDATE (Oral) Councilmember Williams presented her report under Council Communications J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting Mayor Alexander stated at the next meeting the Highland Avenue item will be heard He suggested the Council take two hours of testimony per meeting until all the testimony is heard and a decision is reached He felt this would be more productive because of the amount of time this item will take The Council concurred with the Mayor's suggestion K. ADJOURNMENT MOTION Moved by Michael, seconded by Gutierrez to adtourn Motion carried unanimously 5-0 The • meeting adfourned at 8 44 p m Respectfully mitred, ~~1 Debra J Ada , CMC City Clerk Approved May 3, 2006 •