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HomeMy WebLinkAbout2007/05/02 - MinutesMay 2, 2007 CITY OF RANCHO CUCAMONGA REDEVELOPMENT AGENCY CLOSED SESSION MINUTES A. CALL TO ORDER The Ranchc Cucamonga Redevelopment Agency held a closed session on Wednesday, May 2, 2007, in the Tapia Room of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 4:00 p.m. by Chairman Donald J. Kurth, M.D. Present were Agencymembers: Rex Gutierrez, L. Dennis Michael, Sam Spagndlo, Vice Chairman Diane Williams, and Chairman Donald J. Kurth, M.D. Also present were: Jack Lam, Executive Director; Pamela Easter, Assistant City Manager; James Markman, Legal Counsel; and Linda D. Daniels, Redevelopment Director. B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S~ - Chairman Kurth announced the closed session items B1. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD; LINDA D. DANIELS, RDA DIRECTOR, AND J. FILIPPI WINERY, NEGOTIATING PARTIES, REGARDING TERMS OF AGREEMENT-RDA B2. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 9055 FOOTHILL BOULEVARD; LINDA D. DANIELS, RDA DIRECTOR, AND LINC-PEPPERWOOD HOUSING, NEGOTIATING PARTIES, REGARDING TERMS OF AGREEMENT-RDA B3. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTIES LOCATED AT 10244 ARROW ROUTE; 9181 FOOTHILL BOULEVARD; 8837 GROVE AVENUE; AND, 7127 ARCHIBALD AVENUE; LINDA D. DANIELS, RDA DIRECTOR, AND NATIONAL CORE HOUSING, NEGOTIATING PARTIES, REGARDING TERMS OF AGREEMENT -RDA C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S~ No one was present to comment on the closed session items. D. CONDUCT OF CLOSED SESSION Closed session began at 4:00 p.m. Redevelopment Agency, Fire Protection District and City Council Minutes May 2, 2007 Page 2 E. CITY MANAGER ANNOUNCEMENTS AND REPORTS F. RECESS The closed session adjourned at 6:50 p.m. with no action taken. G. CALL TO ORDER A regular meeting of the Rancho Cucamonga Redevelopment Agency, Fire Protection District and City Council was held on Wednesday, May 2, 2007, in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Chairman/President/Mayor Donald J. Kurth, M.D. called the meeting to order at 7:08 p.m. Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, L. Dennis Michael, Sam Spagnolo, Vice Chairman/Vice President/Mayor Pro Tem Diane Williams and Chairman/President/Mayor Donald J. Kurth, M.D. Also present were: Jack Lam, Executive Director/City Manager; James Markman, Legal Counsel/City Attorney; Pamela Easter, Assistant City Manager; Marcia Godwin, Assistant to the City Manager; Kimberly Thomas, Management Analyst III; Fabian Villenas, Management Analyst III; James C. Frost, City Treasurer; John Gillison, Deputy City Manager/Administrative Services; Dawn Haddon, Purchasing Manager; Sid Sophomsay,.lnformation Systems Analyst; Michael Toy, Information Systems Specialist; Mahdi Aluzri, Deputy City Manager/Community Development; Joe O'Neil, City Engineer; James Troyer, Planning Director; Tom Grahn, Associate Planner; Trang Huynh, Building & Safety Official; Deborah Clark, Library Director; Joe Pulcinella, Animal Services Director; Captain Pete Ortiz, Rancho Cucamonga Police Department; Chief Peter Bryan, Rancho Cucamonga Fire Protection District; Pam Pane, Management Analyst II; Shirr'I Griffin, Office Specialist II -City Clerk's Office, and Kathryn L. Scott, Assistant City Clerk. H. ANNOUNCEMENTS/PRESENTATIONS H1. Presentation of a Proclamation in recognition of "Business Appreciation Week," May 14 -18, 2007. The Mayor and City Council presented the award to Norm McKenzie, PresidenUCEO, and Mike Gaumer, Sr. Vice Chairman/Chairman-Elect, from the Rancho Cucamonga Chamber of Commerce: Mr. McKenzie thanked the City Council for the Proclamation and announced that effective July 1, 2007, Mike Gaumer, Sr. takes over as President/CEO. Mr. Gaumer also thanked the City Council. H2. Presentation by Joe Pulcinella, Animal Services Director, regarding the "Rancho Raves for. Rescues" event to be held on Saturday, May 12, 2007. Joe Pulcinella presented "Dalton," a male mixed-breed puppy. Mr. Pulcinella invited the public to the May 12`" event and said it's an opportunity to look fora specific dog. Redevelopment Agency, Fire Protection District and City Council Minutes May 2, 2007 Page 3 L PUBLIC'-COMMUNICATIONS 11. Ed Hills thanked Rex Gutierrez for the productive time he provided on the meetings regarding the moratorium of medical use of marijuana and Safe Streets Now! He said he was impressed with Deputy Steer's previous report on the Crime Free Multi-Housing Program and his commitment to this job and the community. He was also impressed that Sam Spagnolo recognized the need for a program regarding rental properties. He strongly recommended that the City Council try to implement the nationally- recognized program "Safe Streets Novi' in Rancho Cucamonga in order to maintain the safety and integrity of our neighborhoods. 12. Robin Hvidston with the Minute-Man Project talked about the flag rally held at the day labor site on March 15`h. She said the purpose was to send a message to employers to not exploit laborers at this day labor site. She said at the 3-hour rally, ordinances were broken and their group had to have police protection. She asked the City to try and figure out a humane way to come together as a community and clear the streets so that citizens can feel safe. 13. Raymond Herrera, National Rally Spokesperson, talked about the day labor site in Rancho Cucamonga. He showed. photos of incidents regarding day laborers. He said he is seeking legal counsel to go after whoever is responsible for having such a day labor site and added there will be legal ramifications. 14. Robert Lauten spoke regarding illegal immigration at the federal level. He left copies of the "New American' publication. He would like City Council to read the magazine and consider a resolution that a number of states/legislators have already passed expressing their opposition to the North American Union and the (NAFTA) Superhighway System. I5. John Lyons spoke regarding Deputy Webb who was fired yet deserves to get a fair trial 16. Jim Moffatt spoke regarding the military and suggested that the City Council meeting adjourn in their honor. He also stated he would pay for the adoption of "Dalton," the shelter dog who was introduced tonight. 17. Kelly Kuntz, Regional Chair for Rudy Giuliani for President Campaign, stated she wanted to reach out to residents regarding the campaign efforts of Rudy Giuliani. She invited citizens to view the website, "JoinRudy2008.com" and to get involved. J. AGENCY/FIRE BOARD/COUNCIL RESPONSES TO PUBLIC COMMENTS Councilmember Spagnolo stated that the Council is interested in the Safe Streets Now! Program. He would like Council to be kept abreast and to get a copy of the program so Council could consider adopting in Rancho Cucamonga. Councilmember Gutierrez agreed that it is important to take a look at that program. He said he is intrigued with having some say in, how people rent out their homes. He said we are going to see a huge proliferation of rental homes and, we, as a community, need to have some oversight into that to make sure that we don't let the properties deteriorate. He said the term of "day labor'' site implies that it is some type'of agovernment-sanctioned center. He said the City has no involvement in any type of organized system of having people gather at a Ideation and wait for work. He said that location in the south part of the city has been some type of labor pick-up site for many decades. He said we will do all we can to Redevelopment Agency, Fire Protection District and City Council Minutes May 2, 2007 Page 4 regulate our laws that are in effect (traffic, etc.) to try and get control of that area. He said it is a bad situation for those who live and work there and no neighborhood deserves to have loitering. He stated we are trying to solve this problem. Mayor Pro Tem Williams said she agrees with crime-free housing, and she likes the idea of working with independent individual landlords who want to rent their properties; she thinks it could be very valuable to offer them assistance, perhaps a uniform rental agreement or a seminar on how to be a good landlord. She said nobody wants their rental property destroyed or to decline in value. She said this could have a benefit to the landlord as well as the neighborhood and the community. She said maybe we can start that activity to protect the landlord. __._.. K CONSENT CALENDAR-REDEVELOPMENT AGENCY K1. Approval of Minutes: March 21, 2007 March 28, 2007 (special meeting re team building/goal setting) April 4, 2007 K2. Approval of Check Register dated April 11 through April 24, 2007, for the total amount of $935,402.32. K3. Approval to accept the improvements constructed by various contractors at the Victoria Gardens Cultural Center as complete and authorization to file a Notice of Completion for the improvements and to release the Faithful Performance Bond for each contract. RESOLUTION NO. RA 07-007 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS COMPLETED BY LETNER ROOFING COMPANY FOR THE VICTORIA GARDENS CULTURAL CENTER PROJECT, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK. RESOLUTION NO. RA 07-008 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS COMPLETED BY W & W STEEL COMPANY FOR THE VICTORIA GARDENS CULTURAL CENTER PROJECT, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK K4. Approval to authorize the advertising of the "Notice Inviting Bids" for the construction of Roof Repairs & Maintenance to Fire Station #4 Fire Station #5 and Fire Shops, to be funded from Acct. No. 25058015602 (Fire Protection -RDA Funds). Redevelopment Agency, Fire Protection District and City Council Minutes May 2, 2007 Page 5 RESOLUTION NO. RA 07-009 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, APPROVING SPECIFICATIONS FOR THE ROOF REPAIRS & MAINTENANCE OF FIRE STATION #4, FIRE STATION #5 AND FIRE SHOPS IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS K5. Approval to authorize the advertising of the "Notice Inviting Bids" for the Victoria Gardens Cultural Center Fencing, to be funded from Redevelopment Agency Funds. RESOLUTION NO. RA 07-010 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE PLANS AND SPECIFICATIONS FOR THE "VICTORIA GARDENS CULTURAL CENTER FENCING" AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS MOTION: Moved by Michael, seconded by Spagnolo to approve the items listed on the Consent Calendar. Motion carried unanimously, 5-0. K. CONSENT CALENDAR -FIRE PROTECTION DISTRICT K6. Approval of Minutes: March 21, 2007 K7. Approval of Check Register dated April 11 through April 24, 2007, for the total amount of $83,636.65. K8. Approval to appropriate $256,200.00 from Fire District Vehicle and Equipment Replacement Reserve Funds into Acct. No. 3281511-5604 (Capital Outlay-Vehicles) and approve a single source purchase from West Mark Fire Apparatus of Ceres, California, for one (1) New West Mark Type III Brush Apparatus, in the amount of $256,192.86, to be funded from Acct. No. 3281511-5604 (Capital Outlay- Vehicles). K9. Approval to release Faithful Performance Bond No. 2169774 in the amount of $504,967.00 for the Fuel Tank Retrofit with Aboveground Fuel Tanks for Fire Station Nos. 171, 172, 174 and 175 and City of Rancho Cucamonga Adult Sports Center, Contract No. FD 05-007. MOTION: Moved by Williams, seconded by Spagnolo to approve the items listed on the Consent Calendar. Motion carried unanimously, 5-0. K. CONSENT CALENDAR -CITY COUNCIL K10. Approval of Minutes: March 21, 2007 March 28, 2007 (special mtg. re team building/goal setting) April 4, 2007 (special mtg. re wireless networking/programming at Arrow Route Center) April 4, 2007 Redevelopment Agency, Fire Protection District and City Council Minutes May 2, 2007 Page 6 K11. Approval of Check Register dated April 11 through April 24, 2007, and payroll ending April 24, 2007, for the total amount of $6,015,289.15. K12. Approval to declare City-owned computer equipment as surplus and authorization for the donation of computers and monitors to the PAL Campaign. K13. Approval to authorize the advertising of the "Notice Inviting Bids" for the Baker Avenue Grade Crossing north of 8`" Street, to be funded from Transportation Fund Acct. No. 1124303-5650/1568124-0. RESOLUTION NO. 07-096 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR "BAKER AVENUE GRADE CROSSING, NORTH OF 8T" STREET' IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS K14. Approval to authorize the advertising of the "Notice Inviting Bids" for the City Hall Planter Covers, to be funded from Capital Reserve Acct. No. 1025001-5650/1603025-0. RESOLUTION NO. 07-097 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR "CITY HALL PLANTER COVERS" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO RECEIVE BIDS K15. Approval to authorize the advertising of the "Notice Inviting Bids" for the construction of 9`h Street Pavement Rehabilitation from Hellman Avenue to Archibald Avenue, to be funded from Acct. No. 11723035650/1585172-0 (Gas Tax Funds). RESOLUTION NO. 07-098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE 9T" STREET PAVEMENT REHABILITATION FROM HELLMAN AVENUE TO ARCHIBALD AVENUE IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS K16. Approval to authorize the advertising of the "Notice Inviting Bids" for the construction of Haven Acct. No. 102550015650/1504025-0 (Capital Reserve Funds). RESOLUTION NO. 07-099 to be funded from RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE HAVEN AVENUE AND 19T" STREET PARKWAY IMPROVEMENTS (WEST SIDE OF HAVEN AVENUE FROM BASE LINE ROAD TO THE 210 FREEWAY AND NORTH SIDE OF 19T" STREET FROM HAVEN AVENUE TO CARTILLA AVENUE) IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS Redevelopment Agency, Fire Protection District and City Council Minutes May 2, 2007 Page 7 K17. Approval to authorize the advertising of the "Notice Inviting Bids" for the Construction or Modification of Traffic Signals and Safety Lighting at Ten Locations, to be funded from Transportation Development Funds. RESOLUTION NO. 07-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "CONSTRUCTION OR MODIFICATION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT TEN LOCATIONS" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS K18. Approval to authorize the advertising of the "Notice Inviting Bids" for the Heritage Park and Windrows Park Baseball Field Renovations, to be funded from Park Development Funds. RESOLUTION NO. 07-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE PLANS AND SPECIFICATIONS FOR THE "HERITAGE PARK AND WINDROWS PARK BASEBALL FIELD RENOVATIONS" AND AUTHORIZNG AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS K19. Approval to authorize the advertising of the "Notice Inviting Bids" for the construction of the 5`" Street and Fairway View Place A.C. Pavement Final Cap, to be funded from Developer Trust Funds and Transportation Funds. RESOLUTION NO. 07-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE 5T" STREET AND FAIRWAY VIEW PLACE A.C. PAVEMENT FINAL CAP IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS K20. Approval to authorize the advertising of the "Notice Inviting Bids' for the Almond Box Culvert, east of Hermosa Avenue, to be funded from General Drainage Fund, Acct. No. 1112303-5650/1599112-0 and Hazard Mitigation Grant Program Fund Acct. No. 1390303-5650/1599390-0. RESOLUTION NO. 07-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "ALMOND BOX CULVERT, EAST OF HERMOSA AVENUE" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS K21. Approval to accept bids received and award and authorize the execution of the contract (CO 07- 053) in the amount of $70,356 to the apparent low bidder, Humphrey Construction of Diamond Bar, California, and authorize the expenditure of a 10% contingency in the amount of $7,035 for the Citywide Wood Barricade Retrofit Project, to be funded from 1025001-5650/1539025-0 and appropriate $45,391 to Acct. No. 1025001-5650/1539025-0 from the Capital Reserve Fund Balance. K22. Approval to accept the bids received and award and authorize the execution of the contract (CO 07-054) in the amount of $162,900.00 to the apparent low bidder, All American Asphalt, and authorize the expenditure of a 10% contingency in the amount of $16,290.00, for the Banyan Street Pavement Redevelopment Agency, Fire Protection District and City Council Minutes May 2, 2007 Page 8 Rehabilitation from Sapphire Street to Carnelian Street, to be funded from Measure "I" funds, Acct. No. 11763035650/1517176-0. K23. Approval to renew the Collection Center Household Hazardous Waste Agreement (CO 99-033) with the County of San Bernardino Area 70 Consolidated Fire District (CSA 70 CFD). REMOVED FOR DISCUSSION BY BOARDMEMBER WILLIAMS. K24. Approval of an Improvement Agreement Extension for Tract 16971, located on the east side of Hellman Avenue, south of 6~h Street, submitted by Crestwood Corporation. RESOLUTION NO. 07-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16971 K25. Approval of an Improvement Agreement Extension for Tract 16567, located on the north side of Foothill Boulevard, east of Hellman Avenue, submitted by WL Route 66 Associates, LLC. RESOLUTION NO. 07-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16567 K26. Approval of Improvement Agreement Extension for Tract 16454-1, located at the southeast corner of Base Line Road and Etiwanda Avenue, submitted by KB Home Greater Los Angeles, Inc. RESOLUTION NO. 07-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16454-1 K27. Approval to release Faithful Performance Bond No. 104557755 in the amount of $345,086.00 for the Archibald Avenue Pavement Rehabilitation from Base Line Road to 19~" Street Project, CO 05-093. MOTION: Moved by Michael, seconded by Spagnolo to approve the items listed in the Consent Calendar with the exception of item K23. Motion carried unanimously, 5-0. DISCUSSION OF ITEM K23. Approval to renew the Collection Center Household Hazardous Waste Agreement (CO 99-033) with the County of San Bernardino Area 70 Consolidated Fire District (CSA 70 CFD). Mayor Pro Tem Williams stated that she did not want any major overhaul and does not want to hold up the agreement, but since the City operates it, she would like to see if we can improve service, which is not user-friendly. She said the view from Base Line is unattractive. She suggested that staff talk to the County, find out what other cities do, and also research to find a better way to encourage residents to recycle oil, as she knows for a fact that people are pouring oil in the street gutters. Joe O'Neil, City Engineer, stated in the budget, it is proposed to upgrade the facility. As part of that program, the procedures will be revised and a building will be built so that everything will be enclosed. Redevelopment Agency, Fire Protection District and City Council Minutes May 2, 2007 Page 9 Councilmember Spagnolo concurred with Mayor Pro Tem Williams. He said the area is confusing to people and the lines are long. He asked if there is a possibility to make available on-line the forms for people to fill out prior to coming to the facility. Joe O'Neil, City Engineer, stated that staff is working on that and trying to simplify the procedures. MOTION: Moved by Williams, seconded by Spagnolo to approve item K23. Motion carried unanimously, 5-0. ,..... L. CONSENT ORDINANCES No items submitted. M. ADVERTISED PUBLIC HEARINGS CITY COUNCIL M1. CONSIDERATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING ALLOCATIONS FOR FISCAL YEAR 2007-2008 - A review of the federally-required Annual Action Plan, which includes the final selection of CDBG projects based on a new grant allocation of $1,051,491. A staff report was presented by Tam Grahn, Associate Planner. He said there are no changes from the previous report. Councilmember Michael stated that each and every year Mr. Grahn does a wonderful job putting this together, as there are always more requests for funding than there is money to spread around. He said fortunately our Federal Government is still maintaining their allocation of community development block grants. He said he hopes that will continue into the future as it is vital in helping some of our service clubs who are such a vital resource to the community, as well as improving the areas in the community that have some challenges to make it nicer for those residents. Mayor Kurth opened the meeting for public hearing. There being no response, the public hearing was closed. MOTION: Moved by Michael, seconded by Williams to approve item M1. Motion carried unanimously, 5- 0. M2. CONSIDERATION OF A PUBLIC HEARING REQUESTING TO EXTEND URGENCY ORDINANCE TEMPORARILY PROHIBITING THE ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES IN ALL LAND USE ZONES WITHIN THE CITY OF RANCHO CUCAMONGA The staff report was presented by James Troyer, Planning Director. He recommended that City Council adopt an interim urgency ordinance to extend the previously approved interim ordinance that was adopted by Council on March 21, 2007, which extends the moratorium for ten (10) months and fifteen (15) days (to expire on February 20, 2008). He said this will allow staff time to evaluate medical marijuana dispensary uses and to research them and their appropriateness for the establishment of procedures and evaluating any potential mitigating measures that may occur with their regulation. Redevelopment Agency, Fire Protection District and City Council Minutes May 2, 2007 Page 10 Councilmember Gutierrez asked why every city around here is trying to make sure that no dispensaries of marijuana are operating in their city. James Troyer, Planning Director, stated part of the reason is that of potential threats to public health and safety. He said cities are cautious and want to do further studies. Jim Markman, City Attorney, said this precluc Cucamonga while the study completes itself. He course and tell us important information, such as, uses. He said it is prudent to prohibit these uses staff can make a recommendation on what to do. :s anybody from establishing a use in Rancho yid hopefully some of these court cases will run their can you outright prohibit from your entire city these until all the information develops to the point where Mayor Kurth asked how this could even be an issue if it violates federal law. Jim Markman, City Attorney, said some US attorneys choose to enforce the federal law in states that have this opportunity, like California and others, and some don't; there is no question anybody engaged in this activity is violating federal law; if the US Attorney and local Deputy Attorney General want to enforce it, or gets a directive to, they could put their effort there. He said there are several that have been established in Southern California without federal enforcement. He said the most prudent act is to temporarily prohibit this use from a zoning point of view. He said you could run this out approximately two years as long as you are in good faith trying to study the issue, which we are. Mayor Kurth asked if somebody has a prescription for marijuana from a doctor and then purchases it from a dispensary, would they be in violation of federal law. Jim Markman, City Attorney, answered that's affirmative. He said they are still in possession of a federally-controlled substance. Councilmember Michael said when they were in Sacramento on Monday dealing with legislative affairs, the Mayor mentioned in a legislative forum the issue of medical marijuana and we were reminded that the whole issue came in a ballot measure that was passed by the public in California and, therein, some of the voters misunderstood the potential problems. He said hopefully, if we can't solve it federally, somebody will take the initiative to put another referendum on the ballot that removes the one the voters previously passed. Jim Markman, City Attorney, said if the California courts ultimately say there's enough proof of secondary affects, that the City can prohibit this use under its zoning powers, there won't be any reason to do anything more, as that will be the end of it. Councilmember Gutierrez asked how they can eliminate the use through zoning. Jim Markman, City Attorney, responded that if somebody is going to run a dispensary, it has to be a permitted use somewhere in a city where it's allowed; or, even more, we could say it's a prohibited use in every zone, and somebody opens one up, and the courts support in joining it because it violates the zoning law, then they will disappear if we get that decision from the California Supreme Court. Councilmember Gutierrez stated that unfortunately we are in a metropolitan area where the City of Los Angeles, he believes, is dispensing marijuana that makes it out to these areas. He said he doesn't understand, though, how we can preempt federal law. Mr. Markman, City Attorney, said we don't preempt federal law. He said we can't enforce federal law, but the U.S. Attorney can certainly have the FBI and others do so. He said criminalizing it does not preclude us from prohibiting it under the zoning code, which is what this is all about. He said if we didn't have this statute extended, tomorrow somebody could set one of these up, and the City would be helpless. He said that's why we need to extend this. Redevelopment Agency, Fire Protection District and City Council Minutes May 2, 2007 Page 11 Mayor Kurth said, as a physician, he takes some issue with the nomenclature used with the name used for medical marijuana. He said in the minds of most physicians, marijuana is not within mainstream medicine, and some physicians have suggested that we use the term "licit marijuana" to try to identify it as something which has, at least on some level, been given a legal status, but it's still not accepted medically. He said there are medications that contain some of the same elements as marijuana, but marijuana in the sense of this initiative is not within the realm of mainstream medicine. Mayor Kurth opened the meeting for public hearing. Addressing the City Council: 1. Jim Moffatt stated that if it is illegal to grow, he would like to know where the dispensaries are getting their marijuana. 2. Ed Hills stated he is here for all the kids in Rancho Cucamonga. He said he thinks it's appropriate, since we open the meeting with the pledge of allegiance, to share some words, at which time he read the "Preamble to the Constitution of the United States" He said within the last six weeks he collected stories from the Inland Valley Daily Bulletin regarding marijuana. He said marijuana is grown right here in the valley. He recapped articles from the March 7, March 14, March 21, March 28, April 4, April 11 and April 18'h Inland Valley Daily Bulletin. He said he has contacted the U.S. Attorney's Office and got the run-around. He said we are seeing a lack of leadership, and he would like City Council to fill that void. He would like to work together with Bob Dutton and Bill Emerson to influence our Governor to restore policies in the State of California that make sense in regards to illicit drugs. 3. John Lyons stated that whenever we do anything, we bring in experts, and the Mayor is the expert tonight. He addressed the Mayor to confirm that he previously mentioned something might be available that would help people to get prescription medication. The Mayor answered affirmatively. My Lyons said the people need to know if there is something out there they can get from their doctor that can help them. He applauded the Mayor for that information and expertise. There being no further comment, the public hearing was closed. Councilmember Gutierrez stated this issue is important, that he has met with Mr. Hills and others, and agrees there is a lack of leadership. He said the issue is that there are a number of people who voted in 1996 under the guise of "compassionate use act." He said everyone knows to get a proposition or initiative passed, you have to definitely work on the name, as that's half the battle. He said the problem with an initiative is that there are loopholes that are becoming manipulated to the point that our own community is becoming negatively affected. He said there are people who have gotten a referral from a doctor for a fee, sometimes without even being seen as a patient, or maybe through the mail, and they are able to avoid prosecution and keep smoking this stuff. He said he understands from reading this law, if you have the good fortune of being a friend of a kid who takes marijuana due to medical illness and you are in the car with this person who happens to get stopped, police can't do anything if all the other people in the car declare they also have permission by a doctor. He said law enforcement cannot require a verification slip of any kind from that doctor; they have to take the word of the person smoking marijuana. He said that is a huge loophole and there are a number of loopholes that he feels threatens our community. He said there are limits of what people can grow - no more than six mature or twelve immature marijuana plants per patient or no more than eight ounces of dried marijuana. The loophole is, "the qualified patient or primary caregiver may possess an amount of marijuana consistent with the patient's needs." He said the fact that 95% of drug addicts begin with marijuana does post a danger. He said this is a bad law and he is going to work, if it okay with his colleagues, if possible, to come up with a resolution that makes a statement that our city has serious reservations with this law and that we will try to appeal for sanity and a reversal, or whatever it takes, to restore common sense. He said he prays that we will find people who have enough courage to take this head on as far as we have to go and educate the people of our state and lead to a reversal of such a rotten law. Redevelopment Agency, Fire Protection District and City Council Minutes May 2, 2007 Page 12 Kathryn L. Scott, Assistant City Clerk, read the title of Ordinance No. 776-A. ORDINANCE NO. 776-A (Interim Ordinance - 2nd reading is not required) AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, EXTENDING INTERIM ORDINANCE NO. 776, PROHIBITING MEDICAL MARIJUANA DISPENSARIES IN ALL ZONES, PROHIBITING THE ISSUANCE OF BUILDING PERMITS AND OTHER LAND USE ENTITLEMENTS THEREFORE, AND DECLARING THE URGENCY THEREOF MOTION: Moved by Michael, seconded by Williams to approve Ordinance No. 776-A. Motion carried unanimously, 5-0. !N. PUBLIC HEARINGS No items submitted. ~~ ! O. CITY MANAGER'S STAFF REPORTS ~~ No items submitted. _._... P FIRE BOARD BUSINESS P1. UPDATE ON CAPITAL IMPROVEMENT PROGRAM REGARDING DESIGN AND CONSTRUCTION OF NEW FIRE STATIONS (oral) Chief Peter Bryan provided general remarks as Pam Pane, Management Analyst II, presented the power point presentation on Stations 178, 172, 177 and the headquarters building. (The presentation is on file in the City Clerk's Office.) Chief Bryan said staff is working diligently to bring these projects to fruition. Mayor Kurth questioned the location of 178, as it is close to Day Creek. He said if the point is to shorten response times, why not put it more distant from the nearest fire station. Chief Bryan stated in using mapping analysis in the center of the city, we have an area that none of the current stations can get to within afour-minute travel time. He said it is critical that each one of the districts has some overlap. He said the reason for the overlap is when a station is busy and another station needs to cover, you don't want those spaced exactly a distance apart so that they can't get to the destination within a reasonable time. He said travel time is calculated and measured to the 90`" percentile, so a little bit of overlap allows you to have a longer response for about ten percent of those responses into that area. He said in the center of the city, around Haven/Base Line area, for approximately one to two square miles, we've got an area that none of the districts can cover. He said Redevelopment Agency, Fire Protection District and City Council Minutes May 2, 2007 Page 13 we weren't able to do this kind of mapping analysis prior to the last two years. He said for years, using the Insurance Services Offices guidelines, we provided a mile and a half radius circles, and we tried to use that. Now, with the GIS Division, we are able to actually map travel time using our actual travel speed, so we now can have the very irregular shape instead of an exact circle. We are much more accurate in location, but it's also realized that the center of the city is well over the four-minute travel time. He said this is the best available location because at Haven and Base Line there isn't any other vacant property that is available. Mayor Kurth stated he would hate to see us use the children's playground when maybe another piece of property would do it. He said when he looked at this, based on his odometer, it was just over a mile from the Day Creek Station. He said it seems if it was moved a little bit to the west, you might actually get a more central location and preserve this land so that we can use it for the children. Chief Bryan stated that the perfect location would be at Haven and Base Line, but there isn't anything in that area available without some other formal process (eminent domain), which has come under a lot of scrutiny and really isn't practical. He said this is the only available parcel. He said we have reduced by about 33% the initial design that was reviewed. Mayor Kurth commented that a piece of property just to the south of that sold not too long ago at Haven and Church. Chief Bryan said they didn't have access to that property and, like Station 177, even if we would have had access, to be able to fill up the basin is a considerable cost. He said the District did not have the financial ability to do that. Councilmember Spagnolo stated in regards to Station 177, he likes the idea of using the rest of that land for a park and having a show and tell there for the Fire Safe Council, giving people an idea of how their property should look with a buffer zone for those living in the foothill area of the community. He said regarding Station 178, a fire station is a place that's being utilized for other things besides housing our file engines and firefighters; it's also a Safe Haven for unwanted babies and also a place where people go for emergencies when they can't make it to a hospital. He said he wouldn't want to hide the fire station so nobody knows where it is. He agrees that we should have the aesthetics there to make it look like a park, but, also, people need to know where the fire station is. He said he would like to see if we could get a quarterly report on how we are progressing with our capital improvements in regards to the Fire District, including the headquarters building. Chief Bryan stated he would like to appropriately screen the station because we do realize that we produce some noise due to the apparatus coming and going and the generators starting up periodically. He said the Safe Haven is an issue right now in Sacramento and all of the stations currently receive infants when the parents would like to deliver them to stations. Councilmember Michael stated all of these cases, except the headquarters building, involve solving property issues. He said he believes it is about two years after acquiring the property that the station could be completed. He said if the property is acquired, it should not preclude us from starting these projects, depending on the timing, simultaneously. He asked if that could happen whereby they would be building two fire stations at the same time because the timing worked out that way. Chief Bryan stated that property acquisition is the most critical aspect right now because the District does not own any property for any fire station. He said they are diligently working on a site for Station 172 with the Redevelopment Agency and working with San Bernardino County for the Station 177 site. He said they could all come together at the same time. He said the five-year implementation plan was based on spacing those out. He said the majority of this year we have focused on just securing property. He said we believe that financially we're capable of doing those and at the same point in time, we are looking at different construction methodologies to be able to stretch our dollars and use them differently than we have in the past. He said if they all fall into our lap at the same time, we are up for the challenge, but it certainly will be a formidable task. Redevelopment Agency, Fire Protection District and City Council Minutes May 2, 2007 Page 14 Jack Lam, City Manager, said he concurs with the Chief. He said they were spaced out in terms of financing and the ability to build these, but because of the challenges of land acquisition, they are probably going to all happen about the same time. He said the headquarters building could move a little quicker because we already own that piece of property, and the only thing holding that up is the parking problem. Regarding that, he said at the next meeting on the agenda for approval will be a parking agreement between the County and the City to provide parking for this facility, which will allow the Chief to move forward on the environmental processing plans. He said the rule of thumb is, regardless of when you start aproject, athree-year design cycle. He said that will give you an approximate timeframe of when buildings get built. Councilmember Michael stated he assumes that we would move forward with the headquarters project, as he knows we're challenged with space at City Hall. He said moving to the new headquarters would be beneficial to everybody. Jack Lam, City Manager, said that's affirmative and that would allow the implementation of the video conferencing for Fire with the option for expanding video conferencing for all the other services throughout the city. He said with video conferencing we'll be able to train for all the different facilities at one place. He said if a station has to go on a call, they can come back and pick up where they left off on the training. Chief Bryan stated that regards to the concept of constructing Station 178 at Central Park, staff, at Council's direction, would prepare and continue to work with other departments in the city to bring a more detailed site plan. He said the station will serve annually more residents for emergency response than even the northwest station. He said the northwest just happens to have the largest area that's outside the four-minute travel time. He said Station 178, though, will provide more service to more residents and more emergency services just because of its physical nature in the center of the city. Mayor Kurth stated he hopes that we can continue to look for a more appropriate location. He would like to see us move forward as quickly as possible with all these stations and he would hate to see us delayed because of land acquisition or some other related problem. He said maybe we could look to some of our developers and see if they could help us with a piece of property that would be in a more appropriate location. Chief Bryan said if that's the Board's direction, staff can pursue that _,___• P. COUNCIL BUSINESS P1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Councilmember Spagnolo reminded all about Sunday, May 13'" -Mother's Day, and wished everyone a "Happy Mother's Day." Councilmember Michael said in the article in the Valley section of the Daily Bulletin, "Relocate America" rated desirable cities to live in, and Rancho Cucamonga was listed in the top 100 cities in the United States. He said "Money Magazine" did the same thing about a year ago. He said it doesn't happen by accident; it happens by good planning by our predecessors and because of residents in this city who continue to support the City's programs, shop, eat, dine and pay their property taxes. He said that gives us the ability to generate the kind of programs we have in this community and the vision to build the kind of facilities that we have. He congratulated Council and staff and thanked the Daily Bulletin for making that a part of their publication. Redevelopment Agency, Fire Protection District and City Council Minutes May 2, 2007 Page 15 P2. LEGISLATIVE AND REGIONAL UPDATES (Oral) Councilmember Williams stated there are a number of State bills that we are tracking: Infrastructure bond funding bills that will set guidelines for the allocation of transportation, housing and parks-related funding; key bills related to housing and development, anti-smoking, mobile homes, workers compensation, waste diversion and public safety. She mentioned the passage of the historic AB 900, a bipartisan agreement to reform California's corrections system, which aims to address the overcrowding in the prison system and to provide improved rehabilitation programs designed to reduce crime and enhance public safety. Mayor Kurth stated regarding the medical marijuana issue, he had an opportunity to have dinner with Bertha Madras, Ph.D., Harvard Medical School, who is on loan to the White House serving as Deputy Director of Office of National Drug Control Policy (ONDCP), regarding the Rancho Cucamonga Ordinance. He reminded the public that people in Washington D.C. are very interested, concerned and are watching what happens in California. Mayor Kurth wished all a safe Cinco de Mayo, to drive carefully and to have a wonderful Mother's Day Q. IDENTIFICATION OF ITEMS FOR NEXT MEETING Councilmember Gutierrez: 1) Discussion of the Sign Ordinance; 2) Discussion of Solicitors; and 3) Update on the Safe Streets Now Program. R. ADJOURNMENT MOTION: Mayor Kurth adjourned the meeting at 9:10 p.m. in honor of the United States Military. Respectfully submitted,, c _/~__ V ~~ ~v(~L Kat ryn L. cott, CMC Assistant City Clerk Approved: June 6, 2007