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HomeMy WebLinkAbout2007/12/19 - MinutesDecember 19, 2007 RANCHO CUCAMONGA REDEVELOPMENT AGENCY AND CITY COUNCIL CLOSED SESSION MINUTES A. CALL To ORDER The Rancho Cucamonga Redevelopment Agency and City Council held a closed session on Wednesday, December 19, 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 5:30 p.m. by Chairman/Mayor Donald J. Kurth. M.D. Present were Agencymembers/Councilmembers: Rex Gutierrez, L. Dennis Michael, Sam Spagnolo, Vice Chairman/Mayor Pro Tem Diane W illiams, and Chairman/Mayor Donald J. Kurth, M.D. Also present were: Jack Lam, Executive Director/City Manager; Pamela Easter, Assistant City Manager; James Markman, Legal Counsel/City Attorney; John Gillison, Deputy City Manager/Administrative Services; and Linda D. Daniels, Redevelopment Director. I3. ANNOUNCEMENT OF CLOSED SESSION_ITEM(S) Chairman/Mayor Kurth announced the closed session items: Bt. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PER GOVERNMENT CODE SECTION 54956.9(A) -RONALD & JOYCE WILLEMSEN, LP V. CITY OF RANCHO CUCAMONGA -CASE NUMBER RCV 071843 -City B2. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD BETWEEN HERMOSA AVENUE AND CENTER AVENUE; LINDA D. DANIELS, RDA DIRECTOR. NEGOTIATING PARTY- RDA B3. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF ARROW ROUTE AND I-15 FREEWAY; LINDA D. DANIELS, RDA DIRECTOR, NEGOTIATING PARTY -RDA B4. CONFERENCE WITH LEGAL COUNSEL -PURSUANT TO GOVERNMENT CODE SECTION 54956.9B(3)(C). RECEIPT OF WRITTEN COMMUNICATION FROM R. CRAIG SCOTT, EXECUTIVE LAW GROUP, THREATENING LITIGATION 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 5:30 p.m. Redevelopment Agency, Fire Protection District, City Council Minutes December 19, 2007 Page 2 E. CITY MANAGER.ANNOUNCEMENTS F. RECESS The closed session adjourned at 6:45 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, December 19, 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 7:03 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; Pamela S. Easter, Assistant City Manager; Fabian Villenas, Principal Management Analyst; James Markman, Legal Counsel/City Attorney; Linda D. Daniels, Redevelopment Director; Tranda Drumwright, Housing Programs Manager; Flavio Nunez, RDA Analyst II; John Gillison, Deputy City Manager/Community Development; Charles Scott, Sr. Information Services Specialist; Mike Toy, Information Services Specialist I; Dawn Haddon, Purchasing Manager; Jon Gillespie, Traffic Engineer; James Troyer, Planning Director; Trang Huynh, Building and Safety Official; Kevin McArdle, Community Services Director; Dave Moore, Community Services Superintendent; Nettie Nielsen, Community Services Superintendent; Joe Pulcinella, Animal Services Director; Captain Joe Cusimano, Rancho Cucamonga Police Department; Chief Peter Bryan, Deputy Chief Mike Bell and Fire Marshall Rob Ball, Rancho Cucamonga Fire Protection District; Kathryn L. Scott, Assistant City Clerk; Shirr'I Griffin, Deputy City Clerk; and Debra J. Adams, Assistant Secretary/Secretary/City Clerk. H. ANNOUNCEMENTS/PRESENTATIONS H1. Presentation of a Proclamation and City Plaque to Joe O'Neil, City Engineer, in recognition of his years of service to the City of Rancho Cucamonga. Jack Lam, City Manager, stated Mr. O'Neil would not be present tonight for the presentation. H2. Presentation of a gift of recognition to the Save-A-Pet rescue organization for performing the 500'" rescue of the year from the Rancho Cucamonga Animal Care and Adoption Center. Joe Pulcinella, Animal Services Director, Penni Herman, Animal Handler, and the City Council presented the gift to Lori Frondren, Director -Save-A-Pet. Redevelopment Agency, Fire Protection District, City Council Minutes December 19, 2007 Page 3 Lori Frondren, Director -Save-A-Pet, stated she appreciates what the Animal Shelter staff does Joe Pulcinella, Animal Services Director, also thanked Penni Herman, Animal Handler, for her work in the rescue program. H3. Presentation of a Proclamation to the Rancho Cucamonga Quakes in recognition of their generous donation of $10,000 to the Rancho Cucamonga Animal Care and Adoption Center for the construction and remodeling of the Center's Get Acquainted Areas where homeless pets meet prospective adopters. The Mayor and City Council presented the Proclamation to Scott Ostlund and Chuck Buquet, Quakes Owners. H4. Presentation of a Proclamation to Charles and Suzanne Buquet in recognition of their generous donation of $5,000 to the Rancho Cucamonga Animal Care and Adoption Center for the construction and remodeling of the Center's Get Acquainted Areas where homeless pets meet prospective adopters. The Mayor and City Council presented the Proclamation to Chuck and Suzanne Buquet. H5. Presentation of a Certificate of Recognition to Karmjit Grewal for his fundraising efforts to assist fire victims. Mayor Kurth stated that Mr. Grewal and his family are always looking far ways to help the community, and did so when the 2003 fires happened, as well as the most recent fires. He stated that all the proceeds that were paid at his Subway Restaurant at Lemon and Haven went to the fire victims from the most recent fires. The Mayor and City Council presented Mr. Grewal and his family a Certificate of Recognition. H6. ADDED ITEM -Presentation of $175,000 check to Georgina Moyers Grand Prize Winner of the RC PAL House Raffle. Tony Mize, PAL Campaign Co-Chair, presented the $175,000 check to Georgina Moyers for being the grand prize winner of the RC PAL House Raffle. I. PUBLIC COMMUNICATIONS 11. Beverly Wright stated the Public Health Department appreciates what the Council is doing with respect to their new smoking regulations. She stated there are many cities in the Inland Empire that are also striving for these same results. 12. Danae Delaney asked for the Council to make decisions that are best for the entire community. She stated she didn't feel people should be able to build on a hillside that is in a "risky area." She stated homes should not be approved to be built in a disaster prone area. 13. John Lyons thanked John Gillespie of Engineering for helping resolve the traffic problem at Sacred Heart Church. He stated he wanted to speak about M21. He didn't feel this area should be allowed to be built on. He wished everyone a Merry Christmas. He felt Gary Lacy's motives are political, and stated he didn't agree with his thoughts. He felt his motivation was for profit. 14. Jim Moffatt wished everyone a Merry Christmas and Happy New Year including our troops over seas. He stated this Friday at the Red Hill Coffee Shop on Foothill the USO will be selling shirts and hats in the morning. He encouraged everyone to support the USO. Redevelopment Agency, Fire Protection District, City Council Minutes December 19, 2007 Page 4 15. Bill Hanlon wished everyone a Merry Christmas. He stated this is the season for giving and thanked Dennis Michael for his donation towards the Snowball Express. He also mentioned the Run for the Wall event and mentioned the people donating their time to support this. He also thanked the USO for all of their efforts. 16. Jim Frost mentioned the Run for the Wall event to occur over the Memorial weekend. He stated this is the first time ii will start in Rancho Cucamonga. He felt this will be a positive economic impact for Rancho Cucamonga. He stated he will be coming back to the Council for some support for the event to occur on May 14th. 17. Fred Gribara felt this is one awesome City. He stated he is concerned about people that leave litter at the base of driveways, which included all types of solicitors and realtors. He felt we need something so people are not allowed to do this. He didn't want to see the Fire Department split up. 18. Mark McNichol stated he agrees with a lot of the comments he has heard tonight. He talked about a house to be developed that the Planning Commission approved. He stated he has pictures he would love to show the Council. He stated he would love to appeal this, but it cost over $2,000. He stated his concern is development of this lot because it is going to be right on top of him. J.'AGENCY/FIRE BOARD/COUNCIL RESPONSES TO PUBLIC COMMENTS Councilmember Michael asked for James Troyer, Planning Director, to provide information about Mr. McNichol's comments. James Troyer, Planning Director, stated he would do this. Mayor Pro Tem Williams stated last week at Wal-Mart was Shop with a Cop that she participated in. She stated it was a great event. Councilmember Gutierrez reiterated that it was a great event at Wal-Mart. Mayor Kurth stated he appreciated Mr. Gribara's comments about trash being thrown in driveways. James Markman, City Attorney, stated we have had this come up before and that it is very difficult to control this. He stated this is not littering, that it is advertising. He said people can put up signs that say "No Soliciting or Trespassing." Councilmember Michael said possibly if we do get a complaint from a resident, we can have City staff call the company that left their material. He suggested the same subcommittee that worked on the solicitation matter discuss this further. James Markman, City Attorney, stated it is easy to write an Ordinance for this, but enforcing it is more difficult. Councilmember Spagnolo stated when people do this at his house it goes right in the trash. He didn't know how it helped the people by leaving their literature. Councilmember Gutierrez stated this would be discussed when the subcommittee talks about the aggressive solicitors. Mayor Kurth stated he wished every lot left could have grass and trees planted on it instead of developing it. He stated he supports the Planning Commission, and that the City does have high standards. He felt, however, that people still do have property rights. He stated he shared the concern of the people that spoke. Redevelopment Agency, Fire Protection District, City Council Minutes December 19, 2007 Page 5 K. CONSENT CALENDAR -REDEVELOPMENT AGENCY K1. Approval of Check Register dated November 28 through December 11, 2007, for the total amount of $1,403,427.62. K2. Approve to receive and file current Investment Schedule as of October 31 and November 30, 2007. K3. Approval to adopt Annual Statement of Investment Policy. K4. Approval of the Rancho Cucamonga Redevelopment Agency Annual Report for Fiscal Year 2006-2007. K5. Approval for the piggyback purchase of one (1) fire engine from KME Fire Apparatus in the amount not to exceed $391,250.00, funded from Acct. No. 2505801-5604 (Capital Outlay -Vehicles) and approval of an appropriation of $391,250.00 from RDA Reserves to Acct. No. 2505801-5604. K6. Approval of an amended and restated Exclusive Negotiation Agreement with Rancho Workforce Housing, L. P. (RA 07-025 MOTION: Moved by Spagnolo, seconded by Michael to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 5-0. L. CONSENT CALENDAR -FIRE PROTECTION DISTRICT L7. Approval of Check Register dated November 28 through December 11, 2007, for the total amount of $114,599.28. L8. Approval to receive and file current Investment Schedule as of October 31 and November 30, 2007. L9. Approval to adopt Annual Statement of Investment Policy. L10. Approval to adopt a boundary map showing Parcel Number 0201-043-53 (Lions Pride Development), 10139 Snowdrop Road, to be annexed into CFD 88-1. RESOLUTION NO. FD 07-067 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 88-1, ADOPTING A BOUNDARY MAP SHOWING PROPERTY TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 88-1 L11. Approval to adopt a Resolution of Intention to Annex Territory referred to as Annexation No. 88- 07-2 (APN: 0201-043-53, Lions Pride Development), into Community Facilities District No. 88-1, specifying facilities and services provided, to set and specify the special taxes to be levied within the annexation and set a time and place for a public hearing related to the annexation. Redevelopment Agency, Fire Protection District, City Council Minutes December 19, 2007 Page 6 RESOLUTION NO. FD 07-068 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 88-1, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 88-1 MOTION: Moved by Spagnolo, seconded by Michael to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 5-0. M. CONSENT CALENDAR -CITY CODNCIL M12. Approval of Check Register dated November 28 through December 11, 2007, and payroll ending December 11, 2007, for the total amount of $5,043,086.42. M13. Approval to receive and file current Investment Schedule as of October 31 and November 30, 2007. M14. Approval to adopt Annual Statement of Investment Policy. M15. Approval of the Community Services Department Update. M16. Approval for the single source purchase of seven pieces of replacement equipment and one piece of new equipment from John Deere Company of Cary, North Carolina, through the California Multiple Award Schedules Contract (CMAS), to be funded from Acct. No. 1712001-5604 ($75,134.44) and Acct. No. 1848303-5603 ($11,408.84). M17. Approval of Map, Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 38 and Street Lighting Maintenance District Nos. 1 and 6 for DRC2005-00905 located on the east side of White Oak Avenue cul-de-sac, south of Jersey Boulevard, submitted by Charles Karubian and Lawrence Karubian. RESOLUTION NO. 07-294 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DRC2005-00905. RESOLUTION NO. 07-295 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 DRC2005-00905 M18. Approval of Map for SUBTPM17836, located on the west side of Hyssop Drive, north of 6'h Street, submitted by William Fox Group. Redevelopment Agency, Fire Protection District, City Council Minutes December 19, 2007 Page 7 RESOLUTION NO. 07-296 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 17836 (TENTATIVE PARCEL MAP NO. 17836) M19. Approval of Map, Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for Tract No. 16909, located on the west side of Haven Avenue between Arrow Route and 26'h Street, submitted by Hillwood Construction Services. RESOLUTION NO. 07-297 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 16909, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY RESOLUTION NO. 07-298 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 TRACT NO. 16909 M20. Approval of Professional Services Agreements with Baseline Surveying, Inc. (CO 07-232) and Salem Engineering Group Inc. (CO 07-233) to provide Annual Survey and Soils and Material Testing Services, respectively, for FY 2007/2008, with an option to renew annually up to an additional two years after review of fees and mutual agreement of both parties, for proposed capital improvement projects throughout the City as approved in the budget, to be funded from various individual project accounts. M21. Approval to execute a Cooperative Agreement between the City of Rancho Cucamonga and the County of San Bernardino (CO 07-234) for the development of approximately 1200 acres located partially within the boundaries of the City of Rancho Cucamonga and within the Rancho Cucamonga's Sphere of Influence. M22. Approval of Improvement Agreement Extension for Tract 16651, located on the north side of Foothill Boulevard and west of Cucamonga Channel, submitted by LB/L-Villa Tuscany, LLC. RESOLUTION NO. 07-299 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16651 M23. Approval of Improvement Agreement and Improvement Security for Parcel Map 16926, located on the northwest corner of 4'" Street and Buffalo Avenue, submitted by DEB Construction. RESOLUTION NO. 07-300 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ADDITIONAL IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR PARCEL MAP NUMBER 16926 M24. Approval of release of Maintenance Guarantee Cash Deposit for DRC2002-01023, located on the southwest corner of Arrow Route and W hite Oak Avenue, submitted by Stor-N-Lock Partners #18, LLC. Redevelopment Agency, Fire Protection District, City Council Minutes December 19, 2007 Page 8 M25. Approval to accept Improvement, retain $2,510.00 of the Faithful Pertormance cash deposit in lieu of a Maintenance Bond, and file a Notice of Completion for improvements for DRC2005-00704, located on the west side of Hellman Avenue, 300 feet south of Arrow Route, submitted by KBARCO, LLC. RESOLUTION NO. 07-301 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2005-00704 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK M26. Approval to accept Improvements, retain the Faithful Performance Bond in lieu of a Maintenance Bond, and file a Notice of Completion for improvements for DRC2005-00122, located on the south side of Vicara Drive, west of Carnelian, submitted by William Rice and Pamela Rice. RESOLUTION NO. 07-302 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2005-00122 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK M27. Approval to release the Maintenance Guarantee Bond for Parcel Map 15923, located at the southwest corner of Church Street and Mayten Avenue, submitted by LDC Cougar, LLC. M28. Approval to release the Maintenance Guarantee Bond for Tract 14496-1, located on the northwest corner of Wilson Avenue and Day Creek Boulevard, submitted by Granite Homes. M29. Approval to accept Improvements, release the Faithful Performance Band, accept a Maintenance Bond, and file a Notice of Completion for improvements for Tract 16567, located between Foothill Boulevard and San Bernardino Road and between Hellman and Malachite Avenues, submitted by WL Route 66 Associates. RESOLUTION NO. 07-303 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16567 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK M30. Approval to release Faithful Performance Bond No. 8203-73-65, which was held on December 6, 2006, as a Maintenance Guarantee Bond, in the amount of $266,854.00 for the Archibald Avenue Pavement Rehabilitation from 19`h Street to Banyan Street, Contract No. 06-030. M31. Approval to accept the Fiscal Year 2006/07 Local Street Rehabilitation Overlay Improvements, Contract No. 07-041 as complete, retain the Faithful Performance Bond as a Guarantee Bond, release the Labor and Material Bond, authorize the City Engineer to file a Notice of Completion, approve the final contract amount of $1,694,909.34 and appropriate an additional amount of $53,334.19 to Acct. No. 1 1 90303-5650/1 022 1 90-0 from Proposition 42 Traffic Fund balance. RESOLUTION NO. 07-304 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE FISCAL YEAR 2006/07 LOCAL STREET REHABILITATION OVERLAY IMPROVEMENTS, CONTRACT NO. 07-041 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK Redevelopment Agency, Fire Protection District, City Council Minutes December 19, 2007 Page 9 M32. Approval to release Faithful Performance Bond No. 7583050, which was held on December 6, 2006, as a Maintenance Guarantee Bond, in the amount of $103,301.00 for the Beryl Street Pavement Rehabilitation from Cielito to 19`h Street. Contract No. 06-078. M33. Approval to accept the 5'" Street and Fairway View Place Asphalt Pavement Final Cap Improvements, Contract No. 07-091, as complete, retain the Faithful Performance Bond as a Guarantee Bond, release the Labor and Material Bond, and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $73,865.00. RESOLUTION NO. 07-305 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE 5T" STREET AND FAIRWAY VIEW PLACE ASPHALT PAVEMENT FINAL CAP IMPROVEMENTS, CONTRACT NO. 07-091 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Spagnolo, seconded by Michael to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 5-0. A recess was taken at 9:04 p.m. The meeting was called back to order at 9:17 p.m. with all members present. N. ADVERTISED PUBLIC HEARINGS REDEVELOPMENT AGENCY N1. CONSIDERATION OF THE 2005-2009 REDEVELOPMENT AGENCY IMPLEMENTATION PLAN MID-CYCLE REVIEW A staff report was presented by Tranda Drumwright, Housing Programs Manager. Chairman Kurth opened the meeting for public hearing. There being no response, the public hearing was closed. MOTION: Moved by Spagnolo, seconded by Gutierrez to approve the RDA Implementation Plan Mid- Cycle Review. Motion carried unanimously 5-0. N2. CONSIDERATION OF A RESOLUTION APPROVING THE RELOCATION PLAN FOR THE RANCHO WORKFORCE HOUSING PROJECT LOCATED AT 10192 FOOTHILL BOULEVARD RESOLUTION NO. RA 07-030 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, TO APPROVE THE RELOCATION PLAN IN CONNECTION WITH RANCHO WORKFORCE HOUSING PROJECT A staff report was presented by Flavio Nunez, RDA Analyst II. Redevelopment Agency, Fire Protection District, City Council Minutes December 19, 2007 Page 10 Chairman Kurth opened the meeting for public hearing. There being no response, the public hearing was closed. MOTION: Moved by Spagnolo, seconded by Williams to approve Resolution No. RA 07-030. Motion carried unanimously 5-0. O. CITY MANAGER'S STAFF REPORTS Ot. UPDATE ON THE WILDLAND URBAN INTERFACE FIRE CONCERNS - (Oral Report) A staff report and power point presentation, which is on file in the City Clerk's office, were given by Mike Bell, Deputy Chief, and Rob Ball, Fire Marshall. Mayor Kurth stated they had his support to make this a fire resistant community. Mayor Pro Tem Williams expressed her experience while participating in the EOC operation during the Grand Prix Fire. Councilmember Spagnolo wanted to express his appreciation and also commend those that serve on the Fire Safe Council. He invited anyone that wants to get involved to help protect our community to come to their meetings held every 4th Monday at 7:00 p.m. at the East Avenue Fire Station. Mayor Pro Tem Williams asked about some of the responsibilities of the Fire Safe Council. Mike Bell, Deputy Chief, introduced Dennis Cisneros, Vice President of the Fire Safety Council and told about the work the Fire Safe Council is involved in. Councilmember Gutierrez mentioned that the residents in Rancho Sonia Fe area were required to have plants that are not as flammable. Mike Bell, Deputy Chief, stated Fire Marshall Rob Ball is currently working with builders/developers to meet the City's standards. Councilmember Michael didn't feel the problem would be with the new development, but the existing development that has been there for many years. He felt the Fire Safe Council can do things to make our community fire safe just like what the Neighborhood Watch does to prevent crime. He felt all we can do is work to be prepared for when the next fire hits. He felt as we develop the new fire stations on Hellman and at Central Park that we put drought resistant planting materials at those stations so the public has an example of what can be done. He thanked staff for the report. A recess was taken at 9:05 p.m. The meeting was called back to order at 9:15 p.m. with all members present. P. COUNCIL BUSINESS P1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember) Redevelopment Agency, Fire Protection District, City Council Minutes December 19, 2007 Page 11 Councilmember Spagnolo stated he recently presented to the League of California Cities Legislative Task Force information on medical marijuana dispensaries and the conflicts between State and Federal law. He stated we would like for the Governor to try to resolve this issue. He stated we are working with the League of California Cities to work with the cities to resolve this at the State level. He wished everyone a Merry Christmas and a Happy New Year. Councilmember Gutierrez wished everyone a Merry Christmas and Happy Hanukah. He stated our City Engineer is retiring and he appreciated everything that Joe O'Neil has done to help him. He mentioned the Eagle Scout Court of Honor he had attended. He stated he received a letter from someone about an underground brothel, which he said is not acceptable in the City. He commented how glad he is to be part of the City. Councilmember Michael stated it is an honor to be on the Council for another year and be able to serve the residents. He wished everyone a Merry Christmas and a Happy New Year. Mayor Pro Tem Williams stated she is grateful to all of those serving in our military. She mentioned the Nutcracker that will be performing at the Cultural Center. Mayor Kurth stated he received a call from David Dreier's office who stated the funding for the next phase of the Base Line Interchange will be voted on next week. He mentioned Joe O'Neil's retirement and that we are saddened to see him go. He stated he completed his MBA at Loma Linda and is glad to have done this. He commented on the amount of tobacco sales to minors in the City, stating our record isn't very good. He wished everyone a Merry Christmas and Happy Hanukah. He mentioned he would see everyone at the Ho-Ho parade this Friday. P2. DISCUSSION OF DRAFT ORDINANCE PROHIBITING AGGRESSIVE SOLICITING AND SOLICITING AFTER DARK ORDINANCE NO. 785 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 9.26 AND ADDING CHAPTER 9.31 TO THE RANCHO CUCAMONGA MUNICIPAL CODE CONCERNING SOLICITATION A staff report was presented by Fabian Villenas, Principal Management Analyst. Mayor Pro Tem Williams asked if solicitors that are sitting at a store are supposed to have a badge. Fabian Villenas, Principal Management Analyst, stated they should have a City issued badge. He stated they would need a business license and advertising permit. Councilmember Gutierrez stated he and Councilmember Spagnolo have worked very hard on this. He stated some stores have put a sign out front if they don't want solicitors in front of their store. Councilmember Spagnolo stated the issue is what we can do as a City to protect residents from solicitors. He felt the Ordinance will have to be enforced by people in the community. He stated this Ordinance will give the Police Department something to enforce against people soliciting. Councilmember Gutierrez stated typically you don't get complaints about girl scouts at stores or if they are going door-to-door. He asked if the people that drop things in the driveway are supposed to have a permit and license also. Fabian Villenas, Principal Management Analyst, stated yes. Councilmember Gutierrez stated this might be one way to help enforce that. James Markman, City Attorney, stated this is nice to have on the books, but it is difficult to enforce Redevelopment Agency, Fire Protection District, City Council Minutes December 19, 2007 Page 12 Councilmember Michael felt this is hard to enforce, but that we do need these tools to help with the problem. He stated he agreed with the subcommittee, but felt we need to do public education so people know there are these tools to help prevent unwanted solicitors. Councilmember Spagnolo felt we do need to do aggressive advertising and education to the people. Mayor Pro Tem Williamstalked about solicitors ai stores and how some of the kids are from neighborhoods out of our City. Fabian Villenas, Principal Management Analyst, stated if there is a child endangerment issue, staff can work with the Police Department, and it would be a law enforcement matter. Mayor Kurth asked if this is for political material also. James Markman, City Attorney, stated no. Debra J. Adams read the title of Ordinance No. 785. MOTION: Moved by Michael, seconded by Williams to waive full reading and set second reading of Ordinance No. 785 for the January 16, 2008 meeting. Motion carried unanimously 5-0. P3. CONSIDERATION OF THE CITY COUNCIL COMMUNITY SERVICES SUBCOMMITTEE'S RECOMMENDATION REGARDING ONE APPOINTMENT TO THE COMMUNITY FOUNDATION BOARD OF DIRECTORS A staff report was presented by Mayor Pro Tem Williams. MOTION: Moved by Michael, seconded by Gutierrez to appoint Lupe Jaramillo to the Community Foundation. Motion carried unanimously 5-0. P4. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 8.21 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING SMOKING REGULATIONS ORDINANCE NO. 786 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 8.21 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING SMOKING REGULATIONS A staff report and power point presentation, which is on file in the City Clerk's office, were given by Fabian Villenas, Principal Management Analyst. Councilmember Michael mentioned the designated area for smoking at the stadium and asked if this would be eliminated. Fabian Villenas, Principal Management Analyst, stated yes. Mayor Pro Tem Williams asked if we had discussed this with the Quakes. Fabian Villenas, Principal Management Analyst, stated he has met with them and some concerns were expressed, but added there has not been any more discussion from them. Mayor Pro Tem Williamsfelt we needed to inform all contractors working for the City that there is no smoking at a City facility. Fabian Villenas, Principal Management Analyst, stated they would advise the contractors and also post signs about this. Redevelopment Agency, Fire Protection District, City Council Minutes December 19, 2007 Page 13 Mayor Kurth felt it was important to do what we can to protect people from smoke. He stated he is also concerned about selling tobacco to minors and would like this to be looked at because we have a very high rate of this in our City. Beverly Wright from the Health Department commented that Ontario was the highest with Rancho Cucamonga as the second highest. She stated it is based on the number of stores that were selling tobacco to minors, and they used decoys to check obtain their information. Jack Lam, City Manager, felt education to the stores needed to be done. Beverly Wright, County Health Department, stated they are willing to help the City get these rates down. Councilmember Gutierrez felt law enforcement needs to follow up on this. Councilmember Michael referred to a previous report given by Mr. Villenas and referred to the kind of damage that second hand smoke can do to kids. Debra J. Adams, City Clerk, read the title of Ordinance No. 786. MOTION: Moved by Spagnolo, seconded by Williams to waive full reading and set second reading of Ordinance No. 786 for the January 16, 2008 meeting. Motion carried unanimously 5-0. The Council agreed to continue with the meeting even though it was after 10:00 p.m P5. CONSIDERATION OF THE MOBILE HOME SUBCOMMITTEE REQUEST TO EVALUATE THE DEVELOPMENT OF A RENTAL ASSISTANCE PROGRAM A staff report was presented by Fabian Villenas, Principal Management Analyst. Councilmember Michael felt the subcommittee should look at this in order to help our low income seniors. James Markman, City Attorney, stated ?here are many different programs out there to help develop one for Rancho Cucamonga. Councilmember Michael asked if this type of program could be for seniors that are renting houses, as well as mobile homes. James Markman, City Attorney, stated the Council can do whatever they want to do and that some cities have used Redevelopment funds to help subsidize this program. Mayor Kurth asked if we could get credit for this towards affordable housing units in the City. Linda Daniels, Redevelopment Director, stated no. She asked if the Council is wanting to work with the mobile home parks that are seniors only or any coach owner. James Markman, City Attorney, stated those parameters have not been discussed at this point. MOTION: Moved by Michael, seconded by Williams to approve the subcommittee's recommendation. Motion carried unanimously 5-0. P6. CONSIDERATION OF RECOMMENDATION TO REAPPOINTMENT PLANNING COMMISSIONERS FRANCES HOWDYSHELL AND RAY WIMBERLY A staff report was presented by Jack Lam, City Manager. MOTION: Moved by Williams, seconded by Michael to reappoint Planning Commissioners Frances Howdyshell and Ray W imberly for a four year term. Motion carried unanimously 5-0. Redevelopment Agency, Fire Protection District, City Council Minutes December 19, 2007 Page 14 P7. CONSIDERATION AND DISCUSSION OF SELECTION FOR MAYOR PRO TEM A staff report was presented by Jack Lam, City Manager. Mayor Kurth stated it was agreed last year that this position should be on a rotating basis. Councilmember Gutierrez thanked Mayor Pro Tem Williams for her work as Mayor Pro Tem all these years. , f Mayor Pro Tem Williams felt it was now time to make a change.... _. MOTION: Moved by Williams, seconded by Spagnolo to appoint Dennis Michael to serve as Mayor Pro Tem. Motion carried unanimously 5-0. Councilmember Michael thanked everyone for their confidence, and felt Diane Williams has done a great job. Q. IDENTIFICATION OF ITEMS P'OR NEXT MEETING No items were identified for the next meeting. R. ADJOURNMENT The meeting adjourned at 10:29 p.m. Respectfully submitt/ed~, ~ ~~ ~ Debr/C' a J. Ada CMC Assistant Secretary/Secretary/City Clerk Approved: January 16, 2008