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HomeMy WebLinkAbout2006/06/07 - Minutes June 7, 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, June 7, 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 MayorWiliiam J. Alexander. 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. ... '" .. .. ... .. B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) I 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 one was present to comment on the closed session item. ... .. .. * ... ... D. CONDUCT OF CLOSED SESSION Closed session began at 5:35 p.m. ****** E. CITY MANAGER ANNOUNCEMENTS AND REpORTS , ... ,.. * * * ... II F. RECESS II The closed session adjourned at 6:55 p.m. with no action taken. ......... ... ... * City Council Minutes June 7, 2006 Page 2 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reaular Meetina II A. CALL TO ORDER ~ A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, June 7, 2006, in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Wiiliam J. Alexander calied the meeting to order at 7:10p.m. Present were Councilmembers: Rex Gutierrez, L. Dennis Michael, Sam Spagnolo, Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Larry Temple, Administrative Services Director; Ingrid Bruce, GIS/Special Districts Manager; Manuel Pilonieta, Information Systems Manager; Mike Toy, Information Systems Specialist; Sunil Powaku, Information Systems Analyst; Keri Hinojos, Buyer; Joe O'Neil, City Engineer; Mike TenEyck, Administrative Resources Manager; Erica Darplee, Management Analyst I; Dan Coleman, Acting City Planner; Larry Henderson, Principal Planner; Trang Huynh, Building Official; Kurt Keating, Code Enforcement Supervisor; Kevin McArdie, Community Services Director; Dave Moore, Community Services Superintendent; Paula Pachon, Management Analyst III; Chief Peter Bryan, Rancho Cucamonga Fire Protection District; Captain Pete Ortiz, Rancho Cucamonga Police Department; Shirr'l Griffin, Office Specialist II - City Clerk's Office; and Debra J. Adams, City Clerk. '* '* 'It '* '* '* II B. ANNOUNCEMENTSIPRESENTA TIONS II No announcements/presentations were made. * * * '* '* '* C. PuBLIC COMMUNICATIONS C1. John Lyons of the Etiwanda area stated he listens to KNX every day and heard James Markman, City Attorney, on the radio. He stated he recently met with Captain Pete Ortiz about what is in the Police Department budgeted. He stated he wanted to talk about a letter from Alan Hostetter that was in the newspaper because he felt he was picking on Mayor Alexander and Councilmember Spagnolo because of the Highland closure item. He didn't agree with this type of defamation of character. He stated he does not like to see these types of attacks. He stated his youngest daughter graduated from Chaffey College last week and commented that she was going to be a teacher. He reminded everyone not to drink and drive, especially the graduates. He encouraged parents to support this for the safety of their kids. C2. Jennifer Grimstad read a statement from her husband. She commented on the kids hanging out in their neighborhood and ali the things they are doing from fighting, drinking, shooting bee bee guns and many other things. She stated the kids are also having sex outside their homes. She didn't feel the school is taking any responsibility for the kids. She reported all they tell the neighbors is to contact the Police. She did not feel the Police respond quick enough and are not doing anything to stop this kind of behavior. She stated this behavior is also occurring on the weekend around their property. City Council Minutes June 7, 2006 Page 3 C3. Jeri Lee felt anyone can put their opinions in the newspaper and should not get criticized for il. She asked that the senior fitness center be made safer and watched closer by attendants for the safety of those using the equipmenl. She feit this should be corrected. C4. Lupe Tarin of the Meadow Wood Village wanted the Council to review the noise level codes. She stated the Police are not equipped to check this when called out by someone compiaining. She asked that the Council review our codes so that people can live comfortably in their homes. She stated she is constantly disturbed by neighbors with their music playing so loud that her house is vibrating. She asked the Council to review our current noise abatement regulations and that they review other cities' regulations as weil. C5. Grisha Fornier, pursuing an ice skating career, came to the United States from Russia in 2000 and was adopted by his American parents. Because his sport is so expensive, he asked for everyone's help to pay his training expenses. He stated if people want to help they can call his coach, Tammy Gambill, at (951) 637-3070, or his parents can be reached at (909) 941-0956. He stated his website is grishafournier.com. Councilmember Spagnolo stated he would donate $100 to Grisha to help him continue his training. He challenged the community to do the same. "* "* *"* "* * D. CONSENT CALENDAR 01. Approval of Check Register dated May 10 through May 30, 2006 and Payroll ending May 30, 2006, for the total amount of $6,486,848.80. 02. Approval to authorize the advertising of the "Notice Inviting Bids" for the Construction of the Beryl Street Storm Drain Improvements and Pavement Rehabilitation from Alta Lama Drive to Sunflower Street, to be funded from Drainage Funds, Accl. No. 11123035650/1505112. RESOLUTION NO. 06-159 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR "BERYL STREET STORM DRAIN IMPROVEMENTS AND PAVEMENT REHABILITATION FROM ALTA LOMA DRIVE TO SUNFLOWER STREET' IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D3. Approval for a single source purchase of Mity-Lite furniture for Central Park with Mity-Lite of Orem, Utah, in the amount of $21,116.07 and approval to appropriate $21,116.07 to Accl. No. 1120305-5200 from Allocated Project Funds. 04. Approval to purchase two (2) Ford Escape Hybrids for the Integrated Waste Management Division from Fairway Ford of Placentia, CA., in the amount of $52,818.42, per RFB#05/06-006, from Fund 1188313-5604 (Capital Outlay-Vehicles). 05. Approval to award the purchase of one (1) John Deere 4720 compact utility tractor, with options, from R.D.O. Equipment, utilizing California Multiple Award Schedule (CMAS) Contract No. 4-96-37-000/A, in the amount of $33,935.86, to be funded from Accl. No. 1848303-5603, and two (2) Progator 2020 utility vehicles from AA Equipment, utilizing California Multiple Award Schedule (CMAS) Contract No. 4-01-23- 0007/A, in the amount of $33,695.58, to be funded from Accl. Nos. 1712001-5603 ($16,847.79) and 1848303-5603 ($16,847.79). City Council Minutes June 7, 2006 Page 4 D6. Approval to award a single source contract to UPSCO Powersafe Systems, Inc. of Upland for the replacement of the uninterrupted power supply at the Civic Center in the amount of $137,369.00, plus a ten percent (10%) contingency of $13,737.00, for a total of $151,106.00, to be funded from 1025001- 5603; and approval to appropriate $151,106.00 from the Capital Reserve Fund balance into Ace!. No. 1025001-5603. D7. Approval to award a single source contract to Global Presenters for purchase of projectors for the Council Chambers, Rains Conference Room and for City loaner pool in the amount not to exceed $33,000 from Capital Outlay/Computer Equipment, Ace!. No. 1714001-5605. D8. Approval of the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for 7778 Valle Vista, located on the west side of Valle Vista North of Camino Sur, submitted by Katona Buill, LLC. RESOLUTION NO. 06-160 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 7778 VALLE VISTA (APN: 0207-061-17) D9. Approval of a Public Convenience or Necessity Determination - DRC2006-00428 - Schriver Wines, Inc. for Winestyles - A request for a Public Convenience or Necessity Determination for a Type 20 - Off-Sale Beer and Wine License and a Type 42 - On-Sale Beer and Wine License for a wine retail establishment that also offers regular wine tasting events in the Mixed Use District, located on the southwest corner of Haven Avenue and Foothill Boulevard - APN: 208-331-37. RESOLUTION NO. 06-161 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY DRC2006-00428 FOR A WINE RETAIL ESTABLISHMENT THAT ALSO OFFERS REGULAR WINE TASTING EVENTS IN THE MIXED USE DISTRICT, LOCATED ON THE SOUTHWEST CORNER OF HAVEN AVENUE AND FOOTHILL BOULEVARD - APN: 208-331-37 D10. Approval of a request by Alta Loma and Citrus Little Leagues and District 21 for a light variance requested for Minor, Major, Junior and Senior Division All-Star Tournaments on June 26 - July 28, 006, at Heritage Community Park and Red Hill Community Park. D11. Approval of Map for Tract 17424, located at the terminus of Civic Center Drive, west of Haven Avenue, submitted by UDR Rancho Cucamonga, L.P., a Delaware Limited Liability Corporation. RESOLUTION NO. 06-162 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP 17424 D12. Approvai of Map, Improvement Agreement, Improvement Securities, Monumentation Cash Deposit and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Light Maintenance District Nos. 1 and 6 for Parcel Map 17303, located at the northwest corner of 4th Street and Haven Avenue, submitted by TPRF/THC Havenpark, LLC. City Council Minutes June 7, 2006 Page 5 RESOLUTION NO. 06-163 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 17303, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT RESOLUTION NO. 06-164 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR PARCEL MAP 17303 013. Approval of Map, Improvement Agreement, Improvement Securities, Monumentation Cash Deposit and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Light Maintenance District Nos. 1 and 6 for Parcel Map 17318, located at the northeast corner of 4th Street and Utica Avenue, submitted by Investment Development Services, Inc. RESOLUTION NO. 06-165 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 17318, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT RESOLUTION NO. 06-166 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR PARCEL MAP 17318 014. Approval to award a contract to IMPEX Technologies for storage area network hardware, maintenance, and training/implementation services in the amount of $214,684 under CMAS Contract Number 3-04-70-0468H, to be funded as follows: $131,214 (Accl. No. 1714001-5605); $30,000 (Accl. No. 1001209-5605); $11,206 (Accl. No. 1001209-5300); $1,616 (Accl. No. 1001209-5102); $2,479 (Accl. No. 1001209-5200); and $38,169 (Accl. No. 2650801-5605/1357-6322 - RDA 2001 Tax Allocation Bond Fund); and approvai of a budget transfer in the amount of $30,000 from Accl. NO.1 001209-5300 to Accl. No. 1001209-5605; and authorization to appropriate $46,214 into Accl. No. 1714001-5605 to provide for funding sources listed above. D15. Approval of a piggyback contract for the purchase of one new stencil truck from Roadline Products of Downey, California, in the amount of $98,587.65, to be funded from Accl. No. 1712001-5604 (Vehicle Replacement Fund), as approved in the FY 2005/06 budget; authorize the appropriation and expenditure of $1,087.65 from the Vehicle Replacement Fund Balance into Accl. No. 1712001-5604. D16. Approval of an amendment to agreement for legal services with Richards, Watson & Gershon (CO 86-055). 017. Approval of a Community Facilities District Reimbursement Agreement with William Lyon Homes, Inc. (Vintners Grove) (CO 06-054). City Council Minutes June 7, 2006 Page 6 018. Approval of a Professional Services Agreement with Best, Best and Krieger (CO 06-055) for bond counsel and disclosure counsel services in conjunction with a proposed Community Facilities District (Vintners Grove) in an amount not to exceed $25,000 for formation services and not to exceed $60,000 for debt issuance services, to be funded by the project developer. 019. Approval of a Professional Services Agreement with Bruce Hull & Associates (CO 06-056) to perform appraisal services in conjunction with a proposed Community Facilities District (Vintners Grove) in an amount not to exceed $15,000, to be funded by the project developer. 020. Approval of a Professional Services Agreement with Empire Economics (CO 06-057) to perform market absorption services in conjunction with a proposed Community Facilities District (Vintners Grove) in an amount not to exceed $14,250, to be funded by the project developer. 021. Approvai of a Professional Services Agreement with Fieldman Rolapp & Associates (CO 06-058) for financial advisor services in conjunction with a proposed Community Facilities District (Vintners Grove) in an amount not to exceed $20,000 for formation services and not to exceed $:l1 ,000 for debt issuance services, to be funded by the project developer. 022. Approval of a Professional Services Agreement with David Taussig & Associates (CO 06-059) to perform special tax consultant services in conjunction with a proposed Community Facilities District (Vintners Grove) in an amount not to exceed $50,000, to be funded by the project deveioper. 023. Approval of a Community Facilities District Reimbursement Agreement with William Lyon Homes, Inc. (Amador on Route 66) (CO 06-060). 024. Approval of a Professional Services Agreement with Best, Best and Kriegar (CO 06-061) for bond counsel and disclosure counsel services in conjunction with a proposed Community Facilities District (Amador on Route 66) in an amount not to exceed $25,000 for formation services and not to exceed $55,000 for debt issuance services, to be funded by the project deveioper. 025. Approval of a Professional Services Agreement with Bruce Hull & Associates (CO 06-062) to perform appraisal services in conjunction with a proposed Community Facilities District (Amador on Route 66) in an amount not to exceed $15,000, to be funded by the project developer. 026. Approval of a Professional Services Agreement with Empire Economics (CO 06-063) to perform market absorption services in conjunction with a proposed Community Facilities District (Amador on Route 66) in an amount not to exceed $12,250, to be funded by the project developer. 027. Approval of a Professional Services Agreement with Fieldman Rolapp & Associates (CO 06-064) for financial advisor services in conjunction with a proposed Community Facilities District (Amador on Route 66) in an amount not to exceed $20,000 for formation services and not to exceed $31,000 for debt issuance services, to be funded by the project developer. 028. Approval of a Professional Services Agreement with David Taussig & Associates (CO 06-065) to perform special tax consultant services in conjunction with a proposed Community Facilities District (Amador on Route 66) in an amount not to exceed $50,000, to be funded by the project developer. 029. Approval to accept the bids received and authorize the execution of the contract in the amount of $37,344 to the apparent low bidder, Coonstruct/on, Inc. (CO 06-066), and authorize the expenditure of a 10% contingency in the amount of $3,734.40 for the Bridge Maintenance and Rehab Project at Heritage Park, to be funded from Park Development Funds, Accl. No. 1120305-5650/1321'120-0. City Council Minutes June 7, 2006 Page 7 D30. Approval to accept the bids received and authorize the execution of the contract in the amount of $98,550 to the apparent low bidder, J.D.C., Inc. (CO 06-067), and authorize the expenditure of a 10% contingency in the amount of $9,855 for the Base Line Road Street Light and Sidewalk Improvement Project, to be funded from Transportation Funds, Accl. No. 1124303-5650/1442124-0 and CFD 2001-01 Funds, Accl. No. 1612303-5650/1442612-0 and appropriate an additional amount of $22,000 to Accl. No. 1124303-5650/1442124-0 from Transportation Fund balance and $97,660 to Accl. No. 1612303- 5650/1442612-0 from CFD 2001-01 Fund balance to supplement the construction contract cost, fully fund the Southern California Edison cost for installing the street lighting, and to fully fund the cost of the construction survey for the projecl. D31. Approval to accept the bids received and award and authorize the execution of a contract in the amount of $73,780 to the lowest responsible bidder, TDS Engineering (CO 06-068), for the installation of five (5) solar speed detection signs on five (5) poles; and authorize usage of the remainder of the available funding in the amount of $46,220 to purchase three (3) additional solar speed detection signs on three (3) poles from TDS Engineering for a total cost of $120,000 for the Solar Speed Detection Sign Project, to be funded from Capital Reserve Funds, Accl. NO.1 025001-5650/1530025-0. D32. Approval to release the Maintenance Guarantee Bond for DRC2001-00572, located at 9649 Foothill Boulevard on the south side of Foothill Boulevard, east of Archibald Avenue, submitted by McDonald's Corporation D33. Approval to accept improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for improvements for DRC2002-00264, located on the southwest corner of 6th Street and Utica Avenue, submitted by 6th Street & Utica, LLC. RESOLUTION NO. 06-167 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2002-00264 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D34. Approval to release the Maintenance Cash Deposit for DRC2003-00650, located on the southwest corner of Foothill Boulevard and Malachite Avenue, submitted by James & Maria Kypreos. D35. Approval to accept improvements, retain $1,150.00 of the Faithful Performance Cash Deposit in lieu of a Maintenance Bond, and file a Notice of Completion for improvements for Parcel Map 16969, located on the west side of East Avenue north of Highland Avenue, submitted by Verizon California, Inc. RESOLUTION NO. 06-168 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 16969 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D36. Approval to release the Maintenance Guarantee Bond for Tract 14522, located on the south side of Vintage Drive, west of Day Creek Boulevard, submitted by Young California Homes, L.P D37. Approval to release the Maintenance Guarantee Bond for Tract 16026, located on the west side of Amethyst Street, north of Valley View Street, submitted by Amethyst Estates, LLC D38. Approval to accept improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for improvements for Tract 16335, located on the east side of East Avenue, north of Base Line Road, submitted by KB Home Greater Los Angeles, Inc. City Council Minutes June 7, 2006 Page 8 RESOLUTION NO. 06-169 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FlANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16335 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Michael, seconded by Gutierrez to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 5-0. '" '" '" '" '" '" E. CONSENT ORDINANCES :::J No items submitted. '" '" '" '" '" '" II F. ADVERTISED PuBLIC HEARINGS ~ F1. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2004-00339 - CHARLES JOSEPH ASSOCIATES - An application to amend the General Plan to allow the development of land that contains a 30-percent slope within a mixed use area within Subarea 1 of the Foothill Districts, located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and Southern Pacific Rail Road Right of Way - APN: 0207-101-13, 01 and 34. Related Files: Development Code Amendment DRC2004-00352, Tentative Tract SUBTT16605, Development Review DRC2003-00637, Variance DRC2005-01 061, and Tree Removal Permit DRC2004-00082. Staff has prepared a Mitigated Negative Declaration of Environmental Impacts for consideration. CONSIDERATION OF ASSESSMENT AND DEVELOPMENT CODE AMENDMENT DRC2004-00352 - CHARLES JOSEPH ASSOCIATES - An application to amend the Development Code to allow the development of the land that contains a 30-percent slope within a mixed-use area within Subarea 1 of the Foothill District, located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and the Southern Pacific Rail Road Right-of-Way - APN: 0207-101-13,01 and 34. Related Files: General Plan Amendment DRC2004-00339, Tentative Tract SUBTT16605, Development Review DRC2003- 00637, Variance DRC2005-01061 , Minor Development Review DRC2004-00826, and TreE! Removal Permit DRC2004-00082. Staff has prepared a Mitigated Negative Declaration of Environmental Impacts for consideration. A staff report was presented by Larry Henderson, Principal Planner. The fire alarm sounded at 7:35 p.m. with everyone leaving the Chambers. Notification was given to return to the Chambers with the meeting reconvening at 7:39 p.m. with all Councilmembers present. ******** Larry Henderson, Principal Planner, continued with his staff report. He referred to a letter, on file in the City Clerk's office, from Mr. Stoy in opposition to this project, which was also distributed to the Council. Councilmember Williams asked if all the concerns expressed by the residents have been addressed. City Council Minutes June 7, 2006 Page 9 Larry Henderson, Principal Planner, stated yes and explained what has been worked on to address the residents' concerns. Councilmember Gutierrez inquired about the notification process to surrounding neighbors. Larry Henderson, Principal Planner, thought notification was sent to anyone within 500 feet of the project area. Councilmember Williams asked if the parking issues were addressed. Larry Henderson, Principal Planner, stated they do meet the minimum parking requirements for the City. Mayor Alexander asked if the project is already approved. Larry Henderson, Principal Planner, stated the design of the project is approved pending the approval of this General Plan amendment. Dan Coleman, Acting City Planner, stated if the amendment does not pass, the project will fail. Councilmember Williams stated she doesn't feel comfortable taking action on this tonight because she does not feel she has enough information about this or has had the information long enough to study it properly. Councilmember Gutierrez asked City Attorney Jim Markman to explain the ramifications of the voting if these amendments are not approved. James Markman, City Attorney, stated the Council is being presented with a legislative act, recommended for approval. He stated the Council has the discretion to accept it or not and that they do not have to explain their reason for their action. He felt their decision should be on a rational basis to accept or reject this legislation, but reiterated the Council does not have to state their reason for their action. Councilmember Michael asked staff to identify why this is not being considered natural slope. Larry Henderson, Principal Planner, stated most of the site has been affected by grading to accommodate an old water tank that was demolished, which is the actual water reservoir that is currently abandoned and filled with trash. He stated several service roads have been cut into it. He stated in addition, homeless populations have distributed a lot of trash and human waste on the site, which has destroyed the natural aspect of it. He stated there has also been increased run-off over the years from the areas to the north which has intensified the erosion patterns in the gullies. Councilmember Williams asked if the parking spaces were covered carports or garages. Larry Henderson, Principal Planner, stated they are garages. Mayor Alexander opened the meeting for public hearing. Addressing the City Council were: Chuck Buquet, Charles Joseph Associates, representing the developer Cameo Homes, stated they are in full concurrence with the findings in staff's information presented. He stated this project is not something just recently put together, that it is something put together three years ago. He stated there have been many challenges with this project, but felt they have worked with everyone to resolve all of the issues. He stated the reason they are here is because there is a discrepancy in the Hillside Grading Ordinance. He stated they need to make the revisions to the Code and the General Plan. He stated this project has been scrutinized through the Planning process. He stated they have done everything they can to move this forward. He stated they are not trying to circumvent the Hillside Ordinance. He stated the appeal period is a statutory requirement and everyone should be aware of this. He stated this is not a speck deal, and added that the developer has invested a lot of money into this. City Council Minutes June 7, 2006 Page 10 Fred Herbert, 8525 Calle Carabe, lives near the eastern portion of this project, stated it is a wonderful hillside area and stated he spends a lot of time on this property walking around. He stated he did not get a notice for tonight's meeting even though he spoke at the Planning Commission meeting. He referred to the Information he pulled off of the internet on 30% slopes. Hank Stoy, 8509 Calle Carabe, referred to his letter of opposition he had sent to the Council. He stated his concerns in his letter are still there. He encouraged the Council to deny these actions. Alan Inglis, 8483 Calle Carabe, Red Hill Green Homeowner's Association President, stated they couldn't take the action to appeal the Planning Commission decision because of their bylaw requirements and what they have to do as a body in order to do this. He urged the Council to proceed carefully when voting on these types of amendments. He talked about the wildlife in this hillside area. He stated he would rather pay higher taxes then to have higher density. Jay Strack, Red Hill Green Condominiums, stated this is a natural slope and will change if this project goes through. He did not agree with the proposed amendment. Mike Fornier felt Red Hill residents should buy this property if they don't want anyone to build on it. He felt people have known about this for some time if they wanted to try to do something to stop it. John Lyons, Etiwanda area of City, felt it was unusual to be doing this amendment now, that it should have been done before a lot of money was spent developing the project. He felt by doing this we would be butchering Red Hill and stated he is opposed to this action. He stated these units will be 14 dwelling units per acre. He also felt this would be a pretty steep grade for emergency vehicles to climb. Leslie Grimes stated most people don't know how to fight something like this or how to file an appeal. She stated maybe someone hasn't built on this in the past because it was not meant to be buiit on. She felt possibly this needs to be left natural and felt it would be beautiful left like that. She felt there needs to be a workshop to better educate people about this. Jim Moffit, has lived in Red Hill for 34 years, wanted to know who would determine if the trees are unhealthy or not and if they should be removed. He felt possibly this should be considered right now. Barry St. Peter, Calle Carabe, felt the issue being voted on at this meeting is based on staff "hanging their hat" on the fact that it is a disturbed hillside by man. He stated he didn't agree with the reasoning for this. Sandra Maggard felt this amendment would have repercussions to the whole City. She also cited a Supreme Court case regarding Goleta Valley vs the Board of Supervisors that occurred in 1990. She continued citing information from the case. Chuck Buquet stated this action is for this specific project and will not affect the Carrari Ranch project. He felt it might be prudent for the geotechnical engineering expert to answer any questions the Council may have relative to this project. Dan Eberhard, with Eberhard United Consultants, talked about the stability of the slope during various conditions. Mark Reeder, Hall & Foreman, Civil Engineer, continued talking about the slope and what they will do to make this project safe. He stated they will need a grading permit for this project as well. There being no further input, the public hearing was closed. City Council Minutes June 7, 2006 Page 11 Councilmember Gutierrez felt it was probably possible to build on a 30% slope. He stated this was a City with a plan and places a limit on the changes made to the City's General Plan. He stated it depressed him to think how this hill would look if this goes trough. He stated he is tired of these General Plan amendments and would not approve this amendment change. Councilmember Williams stated she is uncomfortabie making a decision that affects the whole City. She felt this would be opening the door. She stated she would like to put this off a little while. She felt this was an awful lot of units at this site and did not think it was a good location at the entry of the City. She stated again she is not comfortable with voting on this tonight. Councilmember Michael asked if the Planning Commission reviewed all of the issues pertaining to the slopes, etc. Dan Coleman, Acting City Planner, stated yes. Council member Michael stated he did talk to a resident who was opposed to the project. He stated he has seen the sight and commented he did not know what was natural and what was man made. James Markman, City Attorney, gave a history on how they crafted this Ordinance. He stated it is not part of the Carrari Ranch area. Councilmember Michael stated he also has concerns about traffic for this area, but didn't think this project would affect the traffic. He wished he had more time to look at the areas that staff indicates are disturbed. Councilmember Spagnolo stated he took a ride up there today and that it hasn't changed in quite awhile. He stated changes have been made to the General Plan because of changes that have occurred through the years. He felt this was needed. He felt the improvements for this area would be a good thing. He feit this project would make the community better than what it is right now. Mayor Alexander stated he went to the site today. He stated staff and the developer have put three years of their lives into this to come up with the best project possible. He felt each General Plan amendment needs to be looked at very carefully. He suggested this be continued to the next meeting for everyone to gather the information needed to make a decision. James Markman, City Attorney, suggested the public hearing be reopened so it can be continued. Mayor Alexander stated the public hearing would be reopened so this can be continued to the next meeting, RESOLUTION NO. 06-170 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT DRC2004-00339 TO ALLOW THE DEVELOPMENT OF LAND THAT CONTAINS A 30-PERCENT SLOPE UNDER SPECIFIED CONDITIONS, INCLDUING LAND, WITHIN A MIXED USE AREA WITHIN SUBAREA 1 OF THE FOOTHILL DISTRICTS, LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD, BETWEEN RED HILL COUNTRY CLUB DRIVE AND THE SOUTHERN PACIFIC RAIL ROAD RIGHT-OF-WAY; AND MAKING FINDINGS IN SUPPORT THEREOF- APN: 0207-101-13,01 AND 34 City Council Minutes June 7, 2006 Page 12 ORDINANCE NO. 762 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA. APPROVING DRC2004-00352. A REQUEST TO AMEND THE DEVELOPMENT CODE TO ALLOW THE DEVELOPMENT OF THE LAND THAT CONTAINS A 30-PERCENT SLOPE UNDER SPECIFIED CIRCUMSTANCES. INCLUDING LAND WITHIN A MIXED-USE AREA WITHIN SUBAREA 1 OF THE FOOTHILL DISTRICTS. LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD. BETWEEN RED HILL COUNTRY CLUB DRIVE AND THE SOUTHERN PACIFIC RAILROAD RIGHT OF WAY, AND MAKING FINDINGS IN SUPPPORT THEREOF MOTION: Moved by Alexander, seconded by Gutierrez to continue this item to June 21. 2006 at 7:00 p.m. in the Councii Chambers located at 10500 Civic Center Drive. Rancho Cucamonga, California. Motion carried unanimously 5-0. Councilmember Williams asked if the elevation drawings could be a more realistic layout of the project and suggested some computer drawings of what the project could look like. She felt this wouid really help her make her decision so she can see how this will fit. She asked that the maps be a bigger size as well. Councilmember Gutierrez asked to see a view of what this would like from the trail. ******** A recess was taken at 9:31 p.m. and called back to order at 9:41 p.m. with all Councilmembers present except Councilmember Gutierrez. ******** F2. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2004-01197 - PIT ASSI ARCHITECTS. INC. - A request to Amend the General Plan Land Use Map from Open Space-Flood Control/Utility Corridor to Mixed Use with a Master Plan designation, amending the Parks and Recreation chapter, and the Flood Hazards chapter, for the development of 9 single-family detached residences, 126 multi-family residential units (14.77 acres) and 2 office buildings (3.66 acres) of one and two-story design totaling 44,782 square feet on a total net side area of 14.31 acres, located on the south side of Church Street, between Center Avenue and Haven Avenue - APN: 1077-401-35 and 36. Related Files: Development District Amendment DRC2005-00001, Tentative Tract Map SUBTT17435, Tentative Parcel Map SUBTPM17460, and Design Review DRC2005-0071. Staff has prepared a Mitigated Negative Declaration of Environmental Impacts for consideration. DEVELOPMENT DISTRICT AMENDMENT DRC2005-00001 - PITASSI ARCHITECTS. INC. - A request to change the Development District Map from Flood Control to Mixed Use on property on a total net site area of 14.31 acres, located on the south side of Church Street between Center Avenue and Haven Avenue - APN: 1077-401-35 and 36. Related Files: Environmental Assessment and General Plan Amendment DRC2004-01197, Tentative Tract Map SUBTT17435, Tentative Parcel Map SUBTPM17460 and Design Review DRC2004-00071. A staff report was presented by Larry Henderson, Principal Planner. Mayor Alexander opened the meeting for public hearing. Addressing the City Council was: City Council Minutes June 7, 2006 Page 13 Pete Pitassi, architect, stated the applicant is also present to answer any questions. He hoped the application will be judged on its individual merits. He stated because of the law the General Plan is allowed to have changes made to it. He told about the history of developing this project and explained what the project would entail. He stated they support staff's recommendation, and urged the Council to approve the application. Councilmember Williams asked about the parcels on Church Street to be included in this project, and asked if the homeowners are for this. Mr. Pitassi, stated they would have to purchase some of the parcels and would be working with the homeowners to come to an agreement on the price. There being no further input, the public hearing was closed. ******** Councilmember Gutierrez returned to the meeting at 9:54 p.m. ******** Councilmember Michael felt the developer has the neighbors' support and stated he agreed with the amendments. Councilmember Williams stated she agreed with Councilmember Michael, and felt this is an appropriate project for this site. She felt this was a win-win for everyone. Counciimember Spagnolo stated this General Plan amendment would benefit everybody, and would really improve this area. Councilmember Gutierrez felt we need to be selective with the General Plan amendments we make. He felt this is a distinguishable project and supported it. RESOLUTION NO. 06-171 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT DRC2004-01197, CHANGING THE GENERAL PLAN LAND USE MAP FROM OPEN SPACE-FLOOD CONTROUUTILlTY CORRIDOR TO MIXED USE, WITH A MASTER PLAN DESIGNATION, AMENDING THE PARKS AND RECREATION CHAPTER AND THE FLOOD HAZARDS CHAPTER FOR 14.77 ACRES OF LAND, LOCATED ON THE SOUTH SIDE OF CHURCH STREET, BETWEEN CENTER AVENUE AND HAVEN AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-401-35 AND 36 MOTION: Moved by Williams, seconded by Michael to approve Resolution 06-171. Motion carried unanimousiy 5-0. Debra J. Adams, City Clerk, read the title of Ordinance No. 763. City Council Minutes June 7, 2006 Page 14 ORDINANCE NO. 763 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT DRC2005-00001 TO AMEND THE DEVELOPMENT DISTRICT MAP FROM FLOOD CONTROL TO MIXED USE FOR 14.77 ACRES OF LAND, LOCATED ON THE SOUTH SIDE OF CHURCH STREET BETWEEN HAVEN AVENUE AND CENTER AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-401-35 AND 36 MOTION: Moved by Williams, seconded by Spagnolo to waive full reading and set second reading of Ordinance No. 763 for the June 21, 2006 meeting. Motion carried unanimously 5-0. F3. CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AMENDING ELECTRIC RATES. FEES AND CHARGES PURSUANT TO THE REQUIREMENTS AND AUTHORITY OF CHAPTER 3.46 OF TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE A staff report was presented by Mike TenEyck, Administrative Resource Manager. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. RESOLUTION NO. 06-172 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING ELECTRIC RATES, FEES AND CHARGES PURSUANT TO THE REQUIREMENTS AND AUTHORITY OF CHAPTER 3.46 OF TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE MOTION: Moved by Michael, seconded by Williams to approve Resolution No. 06-172 Motion carried unanimously 5-0. '* '* '* * * * II G. PuBLIC HEARINGS 11 No items submitted. * * * * * * H. CITY MANAGER'S STAFF REpORTS ITEMS H1 THROUGH H12 WERE CONSIDERED TOGETHER. H1. CONSIDERATION TO SET ANNUAL BENEFIT ASSESSMENTS FOR DRAINAGE AREA NO. 91-2 (DAY CANYON DRAINAGE BASIN) WITHOUT AN INCREASE TO THE CURRENT RATE. A staff report was presented by Ingrid Bruce, GIS/Special Districts Supervisor, for items H1 - H12. City Council Minutes June 7, 2006 Page 15 Mayor Alexander opened the meeting for pubiic hearing. Addressing the City Council was: John Lyons asked if the rate would increase. Mayor Alexander stated no. MOTION: Moved by Williams, seconded by Michael to approve Resolution Nos. 06-173 through 06-184. Motion carried unanimously 5-0. RESOLUTION NO. 06-173 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DETERMINING THE COST OF SERVICE TO BE FINANCED BY BENEFIT ASSESSMENTS TO BE LEVIED IN DRAINAGE AREA NO. 91-2 FOR FISCAL YEAR 2006-2007 AND DETERMINING AND IMPOSING SUCH BENEFIT ASSESSMENTS H2. CONSIDERATION OF RESOLUTION ESTABLISHING AN ANNUAL LEVY WITHIN ASSESSMENT DISTRICT NO. 93-1 (MASI PLAZA). AT THE SOUTHWEST CORNER OF ROCHESTER AVENUE AND FOOTHILL BOULEVARD AND REASSESSMENT DISTRICT NO. 1999-1 WITHOUT AN INCREASE TO THE CURRENT RATE. SEE DISCUSSION UNDER ITEM H1. RESOLUTION NO. 06-174 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-AUTHORIZING THE LEVY OF AN ASSESSMENT SURCHARGE FOR THE EXPENSES INCURRED IN THE COLLECTION OF ASSESSMENTS IN VARIOUS SPECIAL ASSESSMENT DISTRICTS MOTION: Moved by Williams, seconded by Michael to approve Resolution Nos. 06-173 through 06-184. Motion carried unanimously 5-0. H3. CONSIDERATION TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 88-2 (DRAINAGE AND LAW ENFORCEMENT) AT CURRENT LEVELS WITH NO INCREASE. SEE DISCUSSION UNDER ITEM H1. RESOLUTION NO. 06-175 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLlSHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 88-2 (DRAINAGE AND LAW ENFORCEMENT) MOTION: Moved by Williams, seconded by Michael to approve Resolution Nos. 06-173 through 06-184. Motion carried unanimously 5-0. H4. CONSIDERATION TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 93-3 (FOOTHILL MARKETPLACE) WITHOUT AN INCREASE TO THE CURRENT RATE. SEE DISCUSSION UNDER ITEM H1. City Council Minutes June 7, 2006 Page 16 RESOLUTION NO. 06-176 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLlSHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 93-3 (FOOTHILL MARKETPLACE) MOTION: Moved by Williams, seconded by Michael to approve Resolution Nos. 06-173 through 06-184. Motion carried unanimously 5-0. H5. CONSIDERATION TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) WITHOUT AN INCREASE TO THE CURRENT RATE. SEE DISCUSSION UNDER ITEM H1. RESOLUTION NO. 06-177 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLlSHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) MOTION: Moved by Williams, seconded by Michael to approve Resolution Nos. 06-173 through 06-184. Motion carried unanimously 5-0. H6. CONSIDERATION TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK). SEE DISCUSSION UNDER ITEM H1. RESOLUTION NO. 06-178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLlSHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) MOTION: Moved by Williams, seconded by Michael to approve Resolution Nos. 06-173 through 06-184. Motion carried unanimously 5-0. H7. CONSIDERATION TO SET AN ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2001-01 (IMPROVEMENT AREA NOS. 1 & 2). SERIES 2001-A WITHOUT AN INCREASE TO THE APPROVED RATE. SEE DISCUSSWION UNDER ITEM H1. RESOLUTION NO. 06-179 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLlSHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2001-01 FOR FISCAL YEAR 2006-2007 (IMPROVEMENT AREA NOS. 1 & 2), SERIES 2001-A City Council Minutes June 7, 2006 Page 17 MOTION: Moved by Williams, seconded by Michael to approve Resolution Nos. 06-173 through 06-184. Motion carried unanimously 5-0. H8. CONSIDERATION TO SET AN ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2001-01 (IMPROVEMENT AREA NO.3. ZONE 7, SERIES 2001-6 WITHOUT AN INCREASE TO THE APPROVED RATE. SEE DISCUSSION UNDER ITEM H1. RESOLUTION NO. 06-180 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTA6L1SHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2001-01 FOR FISCAL YEAR 2006-2007 (IMPROVEMENT AREA NO.3, ZONE 7), SERIES 2001-6 MOTION: Moved by Williams, seconded by Michael to approve Resolution Nos. 06-173 through 06-184. Motion carried unanimously 5-0. H9. CONSIDERATION TO SET AN ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2003-01 (IMPROVEMENT AREA NO.1, ZONES 1, 2 & 3). SERIES 2003-A. SEE DISCUSSION UNDER ITEM H1. RESOLUTION NO. 06-181 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTA6L1SHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2003-01 FOR FISCAL YEAR 2006-2007 (IMPROVEMENT AREA NO.1, ZONES 1, 2, & 3), SERIES 2003-A MOTION: Moved by Williams, seconded by Michael to approve Resolution Nos. 06-173 through 06-184. Motion carried unanimously 5-0. H10. CONSIDERATION TO SET AN ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2003-01 (IMPROVEMENT AREA NO.2. ZONES 1 & 2\. SERIES 2003-6. SEE DISCUSSION UNDER ITEM H1. RESOLUTION NO. 06-182 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTA6L1SHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2003-01 FOR FISCAL YEAR 2006-2007 (IMPROVEMENT AREA NO.2, ZONES 1 & 2), SERIES 2003-6 MOTION: Moved by Williams, seconded by Michael to approve Resolution Nos. 06-173 through 06-184. Motion carried unanimously 5-0. H11. CONSIDERATION OF LEVY OF SPECIAL TAX "6" FOR COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) FOR TAX YEAR 2006-2007 TO FINANCE THE OPERATION AND MAINTENANCE OF PARK AND PARKWAYS. SEE DISCUSSION UNDER ITEM H1. City Council Minutes June 7, 2006 Page 18 RESOLUTION NO. 06-183 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PROVIDING FOR THE LEVY OF SPECIAL TAX "B" FOR COMMUNITY FACILITIES DISTRICT NO. 2000- 03 (RANCHO SUMMIT) FOR TAX YEAR 2006-2007 TO FINANCE THE OPERATION OF AND MAINTENANCE OF PARK AND PARKWAYS MOTION: Moved by Williams, seconded by Michael to approve Resolution Nos. 06-173 through 06-184. Motion carried unanimously 5-0. H12. CONSIDERATION OF LEVY OF SPECIAL TAX "A" FOR COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) FOR TAX YEAR 2006-2007. SEE DISCUSSION UNDER ITEM H1. RESOLUTION NO. 06-184 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PROVIDING FOR THE LEVY OF SPECIAL TAX "A" FOR COMMUNITY FACILITIES DISTRICT NO. 2000- 03 (RANCHO SUMMIT) FOR TAX YEAR 2006-2007 MOTION: Moved by Williams, seconded by Michael to approve Resolution Nos. 06-173 through 06-184. Motion carried unanimously 5-0. H13. CONSIDERATION OF THE ISSUANCE OF THE CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2004-01 (RANCHO ETlWANDA ESTATES) 2006 SPECIAL TAX BONDS AND APPROVAL OF THE FORMS OF THE FISCAL AGENT AGREEMENT (CO 06-069), BOND PURCHASE AGREEMENT. PRELIMINARY OFFICIAL STATEMENT AND OTHER TRANSACTIONAL DOCUMENTS. A staff report was presented by Ingrid Bruce, GIS/Special Districts Supervisor. Mayor Alexander opened the item for public hearing. There being no response, public comments were closed. RESOLUTION NO. 06-185 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2004-01 (RANCHO ETIWANDA ESTATES). AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF SPECIAL TAX BONDS OF THE DISTRICT, APPROVING THE FORM OF FISCAL AGENT AGREEMENT, BOND PURCHASE AGREEMENT, PRELIMINARY OFFICIAL STATEMENT AND OTHER DOCUMENTS AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS MOTION: Moved by Williams, seconded by Michael to approve Resolution No. 06-185. Motion carried unanimously 5-0. City Council Minutes June 7, 2006 Page 19 H14. PRESENTATION ON NEIGHBORHOOD CLEAN-UP DAY (Oral) A power point presentation was given by Kurt Keating, Code Enforcement Supervisor, which is on file in the City Clerk's office. The Council commended Code Enforcement and everyone involved for a job well done. ACTION: Report received and filed. .,. 1r 1< * * 1< II I. COUNCIL BUSINESS II 11. LEGISLATIVE UPDATE (Oral) Council member Williams stated there was an election yesterday, but that not many people voted. She stated our State Bond Acts did not get approved by the voters. She stated the Governor is going to keep the Prop 42 money for transportation. 12. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Councilmember Williams congratulated all those that were part of the drug court graduation. She also talked about the good time at the playschool graduation the other night. Council member Michael felt we should adjourn the meeting in honor of Jack Lam's Mother. He asked that the Councii bring back all the information from this agenda to the next meeting for the Cameo Project to eliminate copying all of this again. Councilmember Gutierrez also commented on the drug court graduation and the success of this wonderful event. He also commented on the preschool graduation and the good time it was. He stated he has been dealing with a lot of neighborhood complaints. He expressed his condolences to Jack Lam and his family for their loss. Councilmember Spagnoio stated he appreciated everybody that bought banners for the military program. He talked about the Fire Department car show to take place on June 291h at Red Hill Park. Mayor Alexander stated we received word about getting $750,000 for the 1-15 Interchange that Congressman Dreier helped us get. He stated Mike Palombo aiso passed away, and added he was a former Councilmember. * 1< 1< 1< 1< * J. IDENTIFICATION OF ITEMS FOR NEXT MEETING J1. Councilmember Williams felt we need to look at the issue of magazine racks on street corners at the next meeting. 1< 1< 1< 1< 1< * City Council Minutes June 7, 2006 Page 20 II K. ADJOURNMENT II MOTION: Moved by Michael, seconded by Gutierrez to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 10:32 p.m. in memory of Jack Lam's Mother and Mike Palombo. Approved: July 5, 2006