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Home My WebLink About2006/08/02 - Minutes August 2, 2006 CITY OF RANCHO CUCAMONGA CITY COUNCil CLOSED SESSION MINUTES A. CALL TO ORDER The Rancho Cucamonga City Council held a closed session on Wednesday, August 2, 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; James Markman, City Attorney; and George Rivera, Administrative Services Manager. .. .. .... * .. II B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) II 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 LINDA D. DANIELS, ACTING ADMINISTRATIVE SERVICES DIRECTOR, DIRECTION IN REGARDS TO THE MEET AND CONFER PROCESS - CITY & FIRE .. .. .... .. .. II C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) II No one was present to comment on the closed session item. * * .. * * * II D. CONDUCT OF CLOSED SESSION II Closed session began at 5:35 p.m. * * *.. * * E. CITY MANAGER ANNOUNCEMENTS AND REpORTS * * * * * .. II F. RECESS ~I The closed session adjourned at 6:50 p.m. with no action taken. * * *.. * * City Council Minutes August 2, 2006 Page 2 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reoular Meetino A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, August 2, 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 8:26 p.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; Mike Nelson, Sr. RDA Analyst; Jan Reynolds, RDA Analyst; Lynda Thompson, Assistant RDA Analyst; Manuel Pilonieta, IS Manager; Mike Toy, Information Systems Specialist; Sunil Powaku, Information Systems Analyst; Dawn Haddon, Purchasing Manager; Joe O'Neil, City Engineer; Jon Gillespie, Traffic Engineer; Romy Dayrit, Assistant Engineer; James Troyer, Planning Director; Paula Pachon, Management Analyst III; Deborah Clark, Library Director; Captain Pete Ortiz, Rancho Cucamonga Police Department; Chief Peter Bryan, Rancho Cucamonga Fire Protection District; Fabian Villenas, Management Analyst III; Kimberly Thomas, Management Analyst III; Kathy Scott, Assistant City Clerk; Shirr'l Griffin, Office Specialist II - City Clerk's Office; and Debra J. Adams, City Clerk. '" ,~ '" ... * '" II ,... ,'.",:':..,...:::...:.,.::.::.::."'."""li.:..'.......,....:....:..,.::,.i :-6. APl~QJ;1'N~]lw:N1iS~SENTATIONS 11 B1. Presentation of a Proclamation to Shirley and George Patrick in recognition of their 50.h Wedding Anniversary. The proclamation was presented to Mr. and Mrs. George Patrick. Shirley Patrick encouraged everyone to roll up their sleeves and get involved and volunteer. B2. Romy Dayrit spoke about Consent Calendar item D10 and wanted to thank the Council for considering the action that is before them. He reported what this item was about and how it wouid affect this community in the Philippines. He showed slidEls pertaining to this, which are on file in the City Clerk's office. '" 1, '" * * ... II .' C:,Pu6LI!>COl\f:l\iuNXCa nONS ~ C1. John Lyons of Etiwanda stated he is running for City Council because of something that took place four years ago when two seats were vacated on the City Council by Bob Dutton and Paul Biane. He stated the vacancies should have been filled by Grace Curatalo and David Grossberg, but that Councilmembers Williams and Gutierrez met at Cocos and came up with the plan of appointing Bob Howdyshell and Don Kurth. He felt Councilmembers Williams and Gutierrez should now be removed from the Council for the action they took. He fell: they have taken away the people's right to vote and speak. He stated he does approve of City Mananer Jack Lam, City Attorney James Markman, the Fire Department and the Police Department. City Council Minutes August 2, 2006 Page 3 C2. Ozzie and Lucy Uruena stated they live on Wilson, and added there is a tree on their property they want to keep, but the City wants to remove it to make some improvements along there. He felt the tree could be saved, and still allow for the City to do their work. He distributed a letter for the Council, which is on file in the City Clerk's office. Councilmember Michael stated the City Engineer would check into this. Lucy Uruena stated the City is so beautiful. She felt her tree could be saved and stated she didn't need a sidewalk. She asked the Council to help them save their tree. C3. Senator Bob Dutton made a presentation of a California State Resolution for recognizing Rancho Cucamonga as being the 42"" best place to live in the nation as named by Money Magazine. He thanked the Council for making Rancho Cucamonga a better place to live in. C4. Jeri Lee stated she objected to this podium being used to attack Council members. She stated she opposed the recall effort. She asked the Mayor to control the meetings and not allow political pandering at the podium. 1r .,. * * * * D. CONSENT CALENDAR D1. Approval of Minutes: June 21, 2006 July 5, 2006 July 19, 2006 (Special Meeting) July 19, 2006 D2. Approval of Check Register dated July 12 through July 25, 2006 and Payroll ending July 25. 2006, for the total amount of $3,547,946.29. D3. Approval to authorize the advertising of the "Notice Inviting Bids" for the FY 2006/2007 Local Street Pavement Rehabilitation - Cape Seal of Various Streets, to be funded from Traffic Congestion Fund, Ace!. No. 1190303-5650-1022190 for construction of said projec!. RESOLUTION NO. 06-231 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR "FY 2006/2007 LOCAL STREET PAVEMENT REHABILITATION - CAPE SEAL OF VARIOUS STREETS" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D4. Approval to authorize the advertising of the "Notice Inviting Bids" for the FY 2006/2007 Local Street Pavement Rehabilitation - Slurry Seal of Various Streets, to be funded from Transportation Fund, Ace!. No. 1124303-5650/1022124, Measure "I", Ace!. No. 1176303-5650/1022176 and Traffic Congestion Fund, Ace!. No. 1190303-5650/1022190 for construction of said projec!. RESOLUTION NO. 06-232 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR "FY 2006/2007 LOCAL STREET PAVEMENT REHABILITATION - SLURRY SEAL OF VARIOUS STREETS" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS City Council Minutes August 2, 2006 Page 4 D5. Approval of Ordering the Annexation to Landscape Maintenance District NO.4 and Street Lighting Maintenance District Nos. 1 and 4 for DRC2005-00228, located on the north side of Church Street west of Malaga Drive, submitted by LGC Homecoming at Terra Vista, LLC, a Delaware Limited Liability Company. RESOLUTION NO. 06-233 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO.4 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 4 FOR DRC2005-00228 D6. Approval of a request from American Youth Soccer Organization (AYSO) Region 65 for a Waiver of Fees and Charges for use of the soccer fields at the Rancho Cucamonga Epicenter Adult Sports Complex on September 9, 2006, for their picture day. D7. Approval for the replacement purchase of one (1) Ford F-350 Supercab Truck with a nine (9) foot utility bed from Fritts Ford Fleet Center of Riverside, CA, as an oft-the-Iot purchase not to exceed the amount of $30,030, and authorization to appropriate $30,030 into Accl. No. 1712001-5604 (Vehicle and Equipment Replacement Fund). D8. Approval for a temporary extension of vendor expenditures for fertilizer and chemical supplies from Simplot Partners in the amount of $56,500 from Accts. 1001316-5200 ($7,000)(, 1130303-5200 ($5,500), 1131303-5200 ($6,000), 1133303-5200 ($6,000), 1134303-5200 ($5,500), 1137303-5200 ($4,000), 1140303-5200 ($500), 1700201-5203 ($EI,OOO), and 1848303-5200 ($14,000). D9. Approve and authorize Emcor Service/ME,sa Energy Systems, Inc. (EMCOR SERVICE) as the single source service provider and installer for HV AC and related energy management systems for City and Fire District facilities; approve the renewal of the annual maintenance agreement for $172,725 for City facilities, $22,640 for Fire District facilities, and approve the extra work not to exceed $100,000 with the option to renew for additional one-year periods upon review and confirmation of pricing and mutual consent of the City Engineer for City facilities and Fire Chief for Fire District facilities and contractor, and authorize the City Engineer and Fire Chief to execute said contract renewals; and approve EMCOR Service as the single source provider for HV AC/Control work, including the following capital maintenance projects approved by the City Council in the FY 2006/2007 budget: Upgrade chillers at the Civic Center ($235,000), repair chillers at the Sports Complex ($52,500), and perform indoor air quality modifications as needed at Citywide facilities ($10,000); to be funded from 1001312-5304 ($267,225), 1025001-5304 ($10,000), 1025001-5603 ($287,500), 1001104-5304 ($5,500), 3281511-5300 ($1,560), 3281512-5300 ($1,120),3281513-5300 ($4,800), 3281514-5300 ($7,520), 3281515-5300 ($4,560) and 3283516-5300 ($3,080) Dl0. Approval of the disposition and donation of computers and monitors to the Capas, Gabaldon Eiementary School located in the Philippines. Dll. Approval of DRC2006-0006, Improvement Agreement, Improvement Security and Ordering the Annexation to Street Lighting Maintenance DistriGt Nos. 1 and 2, located on the northwest corner of Haven and Lemon, submitted by HB Housing Partners, L.P., a California Limited Partnership. RESOLUTION NO. 06-234 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DRC2006-00006 City Council Minutes August 2. 2006 Page 5 RESOLUTION NO. 06-235 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA. ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR DRC2006-00006 (APN: 0201-321-14) D12. Approval of Improvement Agreement. Improvement Securities and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Light Maintenance District Nos. 1 and 6 for DRC2004- 01244. located on the north side of Civic Center Drive between Red Oak and White Oak Avenues. submitted by Abundant Living Family Church. RESOLUTION NO. 06-236 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA. APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR DRC2004- 01244 RESOLUTION NO. 06-237 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 LIGHT MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DRC2004-01244 D13. Approval of the execution of a Professional Services Agreement for preliminary engineering design services for the Wilson Avenue Ex1ension Project. from Milliken Avenue to east of the Day Creek Channel. to Dan Guerra & Associates (CO 06-116) for the contract amount of $81.000. to be funded from Transportation Funds. Accl. No. 1124303-5650/1241569-09. D14. Approval of a Resolution to rescind Resolution No. 04-313 and adopt a new Salary Resolution for Fiscal Years 2006/2007. 2007/2008 and 2008/2009. RESOLUTION NO. 06-238 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA. RESCINDING RESOLUTION NUMBER 04-313 AND IMPLEMENTING A SALARY RESOLUTION FOR FISCAL YEARS 2006/2007. 2007/2008 AND 2008/2009 D15. Approval of Resolution to amend Section 4 of Resolution No. 06-209. RESOLUTION NO. 06-209-A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA. AMENDING RESOLUTION 06-209 WITH RESPECT TO HEALTH BENEFITS FOR THE EXECUTIVE MANAGEMENT GROUP FOR FISCAL YEAR 2008/2009 D16. Approval of the execution of a Professional Services Agreement for environmental consultant services for the Wilson Avenue Ex1ension Project. from Milliken Avenue to east of the Day Creek Channel. to Tom Dodson & Associates (CO 06-117) for the contract amount of $92,200. to be funded from Transportation Funds. Accl. No. 1124303-5650/1241569-0. City Council Minutes August 2, 2006 Page 6 D17. Approval to accept bids received and award and authorize the execution of the contract in the amount of $81,850 to the apparent low bidder, Pouk & Steinle, Inc. (CO 06-118) for the Base Line and Additive Bid Item Numbers 1 and 2 of their proposal, and authorize the expenditure of a 10% contingency in the amount of $8,185 for the Bass Pro Shop 12 KV Electrical Distribution and Onsite System, Cabling, Connections and Equipment Project, to be funded from Municipal Utility funds, Acct. No. 1705303- 5650/1486705-0 and appropriate $90,035 (contract award of $81,850 plus 10% contingency in the amount of $8,185) to Acct. No. 1705303-5650/14815705-0 from Municipal Utility fund balance. D18. Approval of a contract renewal (CO 03-087) and Amendment NO.1 with Underground Technology Incorporated (UTI) for the marking of underground utilities with the option to renew said contract with the consent of the City Engineer; to be funded from '1001316-5300 ($52,500) as approved in the FY 06-07 budget. D19. Approval of a contract amendment (CO 03-091) adjusting the hourly rates for inspection services provided by Aufbau Corporation. D20. Approval of Improvement Agreement Extension for Tracts 16301 and 16445, located north of Church Street and west of Etiwanda, submitted by Centex Homes Inland Empire. RESOLUTION NO. 06-239 A RESOLUTION OF THE CITY COUNCil OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACTS 16301 AND 16445 D21. Approval to release Maintenance Guarantee Cash Deposit for CUP 99-56, located on the north side of Foothill Boulevard, west of Etiwanda Avenue, submitted by Roman Catholic Bishop of San Bernardino. D22. Approval to release Maintenance Guarantee Bond for DRC2001-00393, located on the southwest corner of Foothill Boulevard and Elm Avenue, submitted by Mercury General Corporation. D23. Approval to accept the improvements, release all bonds and file a Notice of Completion for improvements for DRC2002-00806, located at 10213 Foothill Boulevard, submitted by Sohela and Faramarz Azizi. RESOLUTION NO. 06-240 A RESOLUTION OF THE CITY COUNCil OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2002-00806 AND AUTHORIZING THE FILING OF A NOTICE OF COMPL.ETION FOR THE WORK D24. Approval to accept improvements, release the Faithful Performance Bond, accept a Maintenance Bond and file a Notice of Completion for improvements for Parcel Map 16300, located on the north side of 4th Street between Pittsburgh Avenue and Richmond Place, submitted by Tharaldson Development Co. RESOLUTION NO. 06-241 A RESOLUTION OF THE CITY COUNCil OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 16300 AND AUTHORIZING THE FILING OF A NOTICE OF COMPL.ETION FOR THE WORK D25. Approval to release the Maintenance Guarantee Bond for Tract 15838, located on the southwest corner of Wilson Avenue and Bluegrass Avenue, submitted by Standard Pacific Corporation. City Council Minutes August 2, 200S Page 7 D2S. Approval to release Faithful Performance Bond No. 98727410 in the amount of $437,437 for the Base Line Road at the 1-15 Traffic and Street Improvements, Contract No. 03-128 D27. Approval to release the Faithful Performance Bond No. 08739359 in the amount of $252,777.40 for the Hermosa Avenue Street Widening and Pavement Rehabilitation from Highland Avenue to Banyan Street, Contract No. 05-011. D28. Approval to accept the Milliken Avenue Pavement Rehabilitation from 4'h Street to S'h Street, Contract No. OS-03S, as complete, retain the Faithful Performance Bond as a Guarantee Bond, release the Labor and Materials Bond, and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $603,576.24. RESOLUTION NO. OS-242 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE MILLIKEN AVENUE PAVEMENT REHABILITATION FROM 4TH STREET TO STH STREET, CONTRACT NO. 06-036 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Williams, seconded by Gutierrez to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 5-0. '" '" '" '" :It 1r II E. CONSENT ORDINANCES II No items submitted. '" '" '" '" '" '" F. ADVERTISED PuBLIC HEARINGS F1. CONSIDERATION OF PUBLIC INTEREST. CONVENIENCE AND NECESSITY IN GRANTING A TAXICAB SERVICE PERMIT TO DIVERSIFIED TRANSPORTATION. LLC (FORMERLY OPERATING AS PAUL'S YELLOW CAB). A staff report was presented by Fabian Villenas, Management Analyst III. Council member Gutierrez asked why this was called Paul's and not Brian's. Brian Hunt, Diversified Transportation, gave background on the formation of his company. He stated they are currently expanding and updating the equipment in their taxi cabs. Mayor Alexander opened the item for public hearing. There being no response, the public hearing was closed. MOTION: Moved by Michael, seconded by Williams to approve staff's recommendation. Motion carried unanimously 5-0. '" '" '" '" '" '" City Council Minutes August 2, 2006 Page 8 II ":C:::::;>""''':':::::!'''!''''''''''':;;;Y!:V:::'c': .::':;;", ...~ . G; Puppc HEAJUNGS II G1. CONSIDERATION OF AN ORDINANCE TO ESTABLISH PRIMA FACIE SPEED LIMITS ON CERTAIN CITY STREETS A staff report was presented by Jon Gillespie, Traft'ic Engineer. Mayor Alexander opened the meeting for public input. There being no response, public comments were closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 765. ORDINANCE NO. 765 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 10.20.020 OF THE RANCHO CUCAMONGA CITY CODE TO ESTABLISH PRIMA FACIE SPEED LIMITS ON CERTAIN CITY STREETS MOTION: Moved by Michael, seconded by Spagnolo to waive full reading and set second reading of Ordinance No. 765 for the August 16, 2006 meeting. Motion carried 5-0. * .~ * * * * REpORTS H1. CONSIDERATION OF DESIGNATION OF II VOTING REPRESENTATIVE AND AN ALTERNATE FOR THE LEAGUE OF CITIES ANNUAL MEETING A staff report was presented by Kimberly Thomas, Management Analyst II!. MOTION: Moved by Gutierrez, seconded by Spagnolo to appoint Diane Williams as the voting representative and Kimberly Thomas as the alternate. Motion carried unanimously 5-0. H2. CONSIDERATION OF VOTING RECOMMENDATIONS FOR LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE RESOLUTIONS A staff report was presented by Kimberly Thomas, Management Analyst II!. MOTION: Moved by Spagnolo, seconded by Michael to approve staff's recommendation. Motion carried unanimously 5-0. * " * * * * II I. COUNC][L BUSINESS 11 11. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Councilmember Michael stated last night was National Night Out and commended Police and Fire for this event. He encouraged all neighborhoods to consider talking to Emily Campbell at the Police Department to establish a Neighborhood Watch Program. City Council Minutes August 2, 2006 Page 9 Councilmember Williams stated she agreed with Councilmember Michael's comments and also commended Target Stores for participating in this event. She commented on the PAL house raffle and the first drawing that took place last weekend. She stated all of the money will go to the new Cultural Center. She stated there were winners with money given away and that people can go to rcpalhouseraffle.org to find out more information about this. She stated she was very excited for the winners. Councilmember Gutierrez stated he doesn't want these next three months to overcome everyone so the Council can continue accomplishing things in the City. He hoped they can focus on issues. He stated he has seen a lot of graffiti in the City recently. He wanted people to call the graffiti hotline at 481-7999 with any graffiti they find. Councilmember Spagnolo also commented on National Night Out and stated he noticed the neighborhoods coming together to celebrate their accomplishments. He stated it gives our residents the opportunity to meet our law enforcement officers. He stated he heard a lot of good comments about this event and the Police Department. He stated he would be celebrating his 43'd wedding anniversary tomorrow. 12. LEGISLATIVE UPDATE (Oral) Councilmember Williams stated the legislature is on break right now and next week they will be in session for what is called "gut and amend." She stated staff will be watching this very closely. She stated we are watching the Telecommunications Bill and the bill on eminent domain that will limit redevelopment. * * * * * * J. IDENTIFICATION OF ITEMS FOR NEXT MEETING I No items were identified for the next meeting. * * * * * * II K. ADJOURNMENT II MOTION: Moved by Williams, seconded by Michaei to adjourn in memory of Ralph Valadez, a City employee who passed away on July 27'". Motion carried unanimously 5-0. The meeting adjourned at 9:18p.m. ,,,,,,,,,"", ""t)(," ~a~ City Clerk Approved: September 6, 2006