HomeMy WebLinkAbout2008/04/02 - MinutesApril 2, 2008
RANCHO CUCAMONGA
FIRE PROTECTION DISTRICT AND CITY COUNCIL
CLOSED SESSION MINUTES
A. CALL TO ORDER
The Rancho Cucamonga Fire Protection District and City Council held a closed session on Wednesday,
April 2, 2008, 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 PresidenUMayor Donald J.
Kurth, M.D.
Present were Boardmembers/Councilmembers: Rex Gutierrez, Sam Spagnolo, Diane Williams, Vice
PresidenUMayor Pro Tem L. Dennis Michael, and PresidenUMayor Donald J. Kurth, M.D.
Also present were: Jack Lam, City Manager; Pamela Easter, Assistant City Manager; James Markman,
City Attorney; and John Gillison, Deputy City Manager/Administrative Services.
.._...
B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
PresidenUMayor Kurth announced the closed session item:
B1. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PER
GOVERNMENT CODE SECTION 54956.9(A) -STEVE KILMER V. CITY OF RANCHO CUCAMONGA &
STEVE TAYLOR; CASE NUMBER RCV 074142 -City/Fire
~ C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)
No one was present to comment on the closed session item.
D. CONDUCT OF CLOSED SESSION'
Closed session began at 5:35 p.m.
E. CITY MANAGER ANNOUNCEMENTS
F. RECESS
The closed session adjourned at 6:53 p.m. with no action taken.
Redevelopment Agency, Fire Protection District, City Council Minutes
April 2, 2008
Page 2
G. CALL TO ORDER
A regular meeting of the Rancho Cucamonga Redevelopment Agency, Fire Protection District, and City
Council was held on Wednesday, April 2, 2008, in the Council Chambers of the Civic Center located at
10500 Civic Center Drive, Rancho Cucamonga, California. Chairman/PresidenUMayor Donald J. Kurth,
M.D. called the meeting to order at 7:05 p.m.
Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, Sam Spagnolo, Diane
Williams, Vice ChairmanNice PresidenUMayor Pro Tem L. Dennis Michael, and
Chairman/PresidenUMayor Donald J. Kurth, M.D.
Also present were: Jack Lam, City Manager; Pamela Easter, Assistant City Manager; James Markman,
Legal Counsel/City Attorney; Fabian Villenas, Principal Management Analyst; Erika Lewis-Huntley,
Management Analyst II; James C. Frost, City Treasurer; John Gillison, Deputy City
Manager/Administrative Services; Charles Scott, Sr. Information Services Specialist; Shelly Munson,
Information Services Specialist II; Mahdi Aluzri, Deputy City Manager/Community DevelopmenUlnterim
City Engineer; Jerry Dyer, Sr. Civil Engineer; James Troyer, Planning Director; Rina Leung, Senior
Planner; Dave Moore, Community Services Superintendent; Paula Pachon, Management Analyst III;
Deborah Clark, Library Director; Robert Karatsu, Assistant Library Director; Michelle Perera, Library
Services Manager; Renee Tobin, Principal Librarian; Chief Joe Cusimano, Rancho Cucamonga Police
Department; Chief Peter Bryan, Rancho Cucamonga Fire Protection District; Carrie Pincott, Records
Coordinator; and Debra J. Adams, Assistant Secretary/Secretary/City Clerk.
H. ANNOUNCEMENTS/PRESENTATIONS
H1. Presentation of a Proclamation declaring April as "Child Abuse Prevention Month."
No one was present to accept the Proclamation.
H2. Presentation of a Proclamation recognizing April 13 - 19, 2008 as National Library Week, and
introduction of Library staff.
Deborah Clark, Library Director, and staff came forward for the presentation. A power point was
presented, which is on file in the City Clerk's office. Mayor Kurth and the Council presented the
Proclamation to Deborah Clark and the staff. The staff was introduced by Robert Karatsu, Assistant
Library Director, and Michelle Perera, Library Services Manager.
Deborah Clark, Library Director, thanked all the Rancho Cucamonga residents for supporting them and
also the Council for their continued support of the Library.
I. PUBLIC COMMUNICATIONS
11. Mark Scarlatelli, owner and President of Gamut Construction, stated they are pleased to work with the
City and the Redevelopment Agency on the Archibald Library Remodel Project (item K3). He felt it would
be a positive experience. He stated if there are any questions he would be happy to answer them. He
stated he is a supporter of the library system.
Redevelopment Agency, Fire Protection District, City Council Minutes
April 2, 2008
Page 3
12. Terry Masl stated he came to the meeting about a year ago regarding the street banners we have for
our troops. He stated it was his opinion at that time that the families that qualify for a banner should not
have to pay for them. He stated he had offered for the Democratic Club to pay for the banner if someone
could not afford it. He stated no one from the City ever got back to him about this. He stated it has now
been brought to this attention that there is a box to check on the application is someone needs financial
assistance. He stated at the last meeting he brought up the homeless issue and has not heard back from
anyone about that issue either. He mentioned other cities that have organized "tent cities." He stated he
knows of seven charities that can help with this problem but reiterated he has not heard back from
anyone about this.
13. John Lyons from the Etiwanda area of the City felt it was great to have the Library next to the mall.
He told everyone to be cautious of rattle snake season.
14. Gwynn Frost, representing the Etiwanda Historical Society, commented on the invitations to the
Mother's Day Tea to be held May 3rd at Etiwanda Gardens. She encouraged everyone to attend.
15. Jim Frost displayed a poster of a helicopter called Flying Thunder. He talked about the Run for the
Wall event to occur over the Memorial Day weekend and stated the helicopter displayed in the photo will
also be flying along with the motorcycles riding from Rancho Cucamonga to Washington, D.C. He stated
Run for the Wall is to keep awareness going about those still missing in action while serving their country.
J. AGENCY/FIRE BOARD/COUNCIL RESPONSES
TO PUBLIC COMMENTS
Councilmember Spagnolo stated they are making sure that no serviceman in the City goes without some
kind of recognition. He encouraged Mr. Masl to contact Linda Daniels, Redevelopment Director, about
the banner program.
K. CONSENT CALENDAR -REDEVELOPMENT' AGENCY
K1. Approval of Minutes: February 21, 2008 (special joint mtg. w/CVWD) (Spagnolo absent)
March 5, 2008 (special mfg re Healthy Cities)
March 5, 2008 (regular meeting)
March 19, 2008 (regular meeting)
K2. Approval of Check Register dated March 12 through March 25, 2008, for the total amount of
$260,212.46.
K3. Approval to accept the bids received and award and authorize the execution of the contract in the
amount of $1,562,626, including one bid alternate, plus a 10% contingency in the amount of $156,262 to
the apparent lowest responsive bidder, Gamut Construction of Montclair, California, (RA 08-005), for the
Archibald Library Remodel Project, to be funded by an appropriation from Fund 640 Fund Balance to
Acct. No. 2640801-5602.
MOTION: Moved by Williams, seconded by Michael to approve the staff recommendations in the staff
reports contained within the Consent Calendar. Motion carried unanimously 5-0.
Redevelopment Agency, Fire Protection District, City Council Minutes
April 2, 2008
Page 4
L. CONSENT CALENDAR -FIRE PROTECTION DISTRICT
L4. Approval of Minutes: February 21, 2008 (special joint mtg. w/CVWD) (Spagnolo absent)
March 5, 2008 (special mtg re Healthy Cities)
March 5, 2008 (regular meeting)
March 19, 2008 (regular meeting)
L5. Approval of Check Register dated March 12 through March 25, 2008, for the total amount of
$70,163.10.
L6. Approval to adopt a boundary map showing Parcel Number 0201-043-54 (Peter & Heather
Thuresson), 10059 Snowdrop Rd., to be annexed into CFD 88-1.
RESOLUTION NO. FD 08-011
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 (ANNEXATION NO. 88-OS-2) SHOWING PROPERTY
TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 88-1
L7. Approval to adopt a Resolution of Intention to Annex Territory referred to as Annexation No. 88-
08-2 (APN: 0201-043-54, Peter & Heather Thuresson), 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.
RESOLUTION NO. FD 08-012
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
INTENTION TO ANNEX TERRITORY (ANNEXATION NO. 88-08-2) TO
COMMUNITY FACILITIES DISTRICT NO. 88-1
L8. Approval of an Agreement (CO FD 08.004) between representatives of the Rancho Cucamonga
Fire Protection District and the Rancho Cucamonga Firefighters Local 2274, Fire Support Services
Association, and Fire Management Employee Group, fixing the employer's contribution under the Public
Employees' Medical and Hospital Care Act, and a revised CaIPERS Resolution stating the same.
RESOLUTION NO. FD 08-013
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO
CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO
CUCAMONGA, CALIFORNIA, FIXING THE EMPLOYER'S
CONTRIBUTION UNDER THE PUBLIC EMPLOYEE'S MEDICAL AND
HOSPITAL CARE ACT
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.
Redevelopment Agency, Fire Protection District, City Council Minutes
April 2, 2008
Page 5
M. CONSENT CALENDAR -CITY COUNCIL
Jack Lam, City Manager, stated item M13 will be removed from the agenda and will return for
consideration at a future meeting.
M9. Approval of Minutes: February 21, 2008 (special joint mtg. w/CVWD) (Spagnolo absent)
March 5, 2008 (special mtg re Healthy Cities)
March 5, 2008 (regular meeting)
March 19, 2008 (regular meeting)
M10. Approval of Check Register dated March 12 through March 23, 2008, and payroll ending March
25, 2008 for the total amount of $3,640,610.21.
M11. Approval to authorize the advertising of the "Notice Inviting Bids" for the construction of Etiwanda
Avenue Pavement Rehabilitation from 4° Street to Arrow Route and Arrow Route Pavement
Rehabilitation from 2500' west of Etiwanda Avenue to Etiwanda Avenue, to be funded from
Transportation funds, Acct. No. 1 1 24303-5650/1 0 761 24-0, Prop 42 funds, Acct. No. 1190303-
5650/1076190-0 and Measure "I" Funds, Acct. No. 1 1 76303-56 50/1 372 1 76-0.
RESOLUTION NO. 08-070
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PLANS AND
SPECIFICATIONS FOR THE "ETIWANDA AVENUE PAVEMENT
REHABILITATION FROM 4T" STREET TO ARROW ROUTE AND
ARROW ROUTE PAVEMENT REHABILITATION FROM 2500' WEST
OF ETIWANDA AVENUE TO ETIWANDA AVENUE" IN SAID CITY AND
AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE
TO RECEIVE BIDS
M12. Approval of the Project Development Cooperative Agreement between the City of Rancho
Cucamonga and the County of San Bernardino (CO OS-032) for the construction of Etiwanda Avenue
Pavement Rehabilitation from 4'" Street to Arrow Route.
M13. Approval to execute a Professional Services Agreement with RBF Consulting (CO 08-033), not to
exceed $185,830, for the preparation of an Initial Study/Mitigated Negative Declaration and/or
Environmental Impact Report (DRC2008-00263) for the Biane Business Park Project, within the City of
Rancho Cucamonga to be funded from the developer deposit through Account No. 10013145303.
REMOVED FROM AGENDA.
M14. Approval of an appropriation of $200,000 to Acct. No. 1 1 2 4303-5650/1 39 81 24-0 for utility
undergrounding fees for the landscape improvement project on the MWD Parkway at the southeast
corner of Bluegrass Avenue and W ilson Avenue, to be funded from Transportation Fund balance.
MI5. Approval of a request from Run for the Wall for a Waiver of Fees and Charges for local events
associated with the run.
MI6. Approval to accept the bids received and award and authorize the execution of the contract in the
amount of $516,998.48 to the apparent low bidder, Diversified Landscape Management, Inc. (CO OS-034)
and authorize the expenditure of a 10% contingency in the amount of $51,699.85, for the Highland
Avenue and Fairmont Way Street Improvements from San Benito to Kenyon Way and Highland
Landscape north of Highland from San Benito to Fairmont Way, to be funded from Transportation Funds,
Acct. No. 1 1 2403-5 6 50/1 51 41 24-0 and Capital Reserve Funds, Acct. No. 1 0250 01-5650/1 51 4025-0.
M17. Approval of Real Property Improvement Contract and Lien Agreement (CO OS-035) located at
6767 Amethyst Avenue, APN No. 020211111, submitted by John A. Hafner.
Redevelopment Agency,.Fire Protection District, City Council Minutes
April 2, 2008
Page 6
RESOLUTION NO. 08-071
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY
IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM JOHN A.
HAFNER AND AUTHORIZING THE MAYOR AND CITY CLERK TO
SIGN THE SAME
M18. Approval to accept the bids received, and award and authorize the execution of the contract in
the amount of $88,982.50 to the apparent low bidder, Lifestyle Landscapes, Inc. (CO 08-036), and
authorize the expenditure of a 10% contingency in the amount of $8,898.25 for the Banyan Community
Trail from Amethyst Street to Archibald Avenue, to be funded from Beautification Funds, Acct. No.
1 1 1 031 6-5650/1 61 31 1 0-0.
M19. Approval of Improvement Agreement Extension for DRC2003-01085, located on the south side of
7'" Street at the cul-de-sac terminus east of Archibald Avenue, submitted by Scheu Management
Corporation.
RESOLUTION NO. OS-072
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT
AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR
DRC2003-01085
M20. Approval of reductions in improvement security for Rancho Etiwanda Estates infrastructure
(Tentative Tract Maps 16226 and 16227 and LMD Landscaping for Tracts 16226 & 16227), located at the
northwest corner of Day Creek Boulevard and Etiwanda Avenue, submitted by JTY Investment, LLC.
RESOLUTION NO. OS-073
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING THE REDUCTIONS IN
IMPROVEMENT SECURITY FOR RANCHO ETIWANDA ESTATES
(TENTATIVE TRACT MAPS 16226 AND 16227)
RESOLUTION NO. 08-074
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING THE REDUCTION IN
IMPROVEMENT SECURITY FOR RANCHO ETIWANDA ESTATES
(LMD LANDSCAPING FOR TRACTS 16226 AND 16227)
M21. Approval to release the Maintenance cash deposit for DRC2005-00715, located on Arrow Route,
Jersey Boulevard and Boston Place, submitted by Rancho Cucamonga II, LLC.
M22. Approval to accept Improvements, retain $2,760.00 of the Faithful Performance cash deposit in
lieu of a Maintenance Bond, and file a Notice of Completion for improvements for Parcel Map 17938,
located on the east side of Pittsburgh Avenue at 5'" Street, submitted by Rock-Pitt, LLC.
RESOLUTION NO. 08-075
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS FOR PARCEL MAP 17938 AND AUTHORIZING THE
FILING FO A NOTICE OF COMPLETION FOR THE WORK
Redevelopment Agency, Fire Protection District, City Council Minutes
April 2, 2008
Page 7
M23. Approval to accept the Improvements, release the Faithful Performance Bond, and file a Notice of
Completion for improvements for Parcel Map 16926, located on the northwest corner of 4'h Street and
Buffalo Avenue, submitted by DEB Construction.
RESOLUTION NO. 08-0-76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS FOR PARCEL MAP 16926 AND AUTHORIZING THE
FILING OF A NOTICE OF COMPLETION FOR THE WORK
M24. Approval to release the Maintenance Guarantee Bond for Tract 16542, located at 6717 East
Avenue, north of Victoria Street, submitted by J.T. Storm Development No. 2, LLC.
M25. Approval to accept the Haven Avenue and 19'" Street Parkway Improvement Project, Contract
No. 07-078 as complete, retain the Faithful Performance Bond as a Guarantee Bond, release the Labor
and Material Bond, and authorize the Acting City Engineer to file a Notice of Completion and approve the
final contract amount of $611,147.17.
RESOLUTION NO. 08-077
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE HAVEN AVENUE AND
19T" STREET PARKWAY IMPROVEMENT PROJECT, CONTRACT NO.
07-078, AND AUTHORIZING THE FILING OF A NOTICE OF
COMPLETION FOR THE WORK
MOTION: Moved by Spagnolo, seconded by Gutierrez to approve the staff recommendations in the staff
reports contained within the Consent Calendar with the exception of item M13. Motion carried
unanimously 5-0.
~~ N. CITY MANAGER'S STAFF REPORTS '~~
N1. INTRODUCTION AND DEMONSTRATION OF NEW LIBRARY WEB PAGE (power point
presentation)
A demonstration of the website was presented by Michelle Perera, Library Services Manager, and Cara
Vera, Senior Librarian. They stated the new website will be available tomorrow and can be reached at
www.rcpl.lib.ca.us.
ACTION: Report received and filed.
O. COUNCIL BUSINESS
01. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per
Councilmember.)
Mayor Pro Tem Michael mentioned all the positive feedback he hears from people that go to the Library.
He stated they have really set the bar when it comes to customer service. He stated he appreciated what
they do.
Redevelopment Agency, Fire Protection District, City Council Minutes
April 2, 2008
Page 8
Councilmember Spagnolo commented on the four people that have died in the Iraq war. He stated
donations were made by his colleagues and the Lewis Company for banners. He stated they hope to
have the policy on the next agenda to include those that have died in the Iraq war.
Councilmember Gutierrez stated he met with several residents last weekend and encouraged people to
contact the Council when there is an issue in their neighborhood so the Council can help them.
Councilmember Williams told every one to mark their calendar for May 10th for the Pacific Electric Bike
Trail ride. She stated this is a fundraiser for the Pacific Electric Rail Committee. She stated people can
sign up at www.pacificelectrictrail.orq.
Mayor Kurth stated even though the City has no jurisdiction over this, he hoped the Government can help
those people caught up in a subprime loan. He stated April 18th is the Tony Orlando concert at the
Cultural Center at the Lewis Family Playhouse. He mentioned a letter he received from a resident that
commended the staff at the animal shelter. They particularly commended Brenda for her assistance. He
talked about a letter he received from the Girl Scouts who were thanking Councilmember Williams for
attending their Bronze Award ceremony. He mentioned a letter he received from a resident thanking him
for his new sidewalk and what a good job the workers did.
02. LEGISLATIVE AND REGIONAL UPDATES (Oral)
Councilmember Williams stated the State Budget Committee is currently working on the State's budget.
She indicated the State's budget will have significant impact on local government. She stated
representatives from Rancho Cucamonga will be attending the League of California Cities Legislative
Action Days on April 16th and 17th in Sacramento. She added Senator Bob Dutton has been named
Vice Chair of the Senate Budget Committee and congratulated him. She stated Assemblyman Emerson
is also a huge advocate for local government and commended him as well.
03. UPDATE REGARDING TEMPORARY SIGN ORDINANCE
A staff report and power point presentation were given by Rina Leung, Senior Planner, which is on file in
the City Clerk's office.
Councilmember Gutierrez stated the Subcommittee that worked on this really wants to try what is
proposed, and if it is found revisions need to be made it can be revisited in the future.
Mayor Pro Tem Michael felt it should come back with the Subcommittee's recommendation.
Mayor Kurth stated he felt the Sign Ordinance should be more strict than what we currently have.
James Markman, City Attorney, stated what we currently have is an unenforceable ordinance. He stated
this will still limit the number of signs and then we can legally enforce political signs and signs placed on
poles. He stated other than animated signs, this will do a lot to eliminate the sign clutter.
Councilmember Gutierrez felt this ordinance will make the most people happy and is probably worth
trying it at this time. He stated if it needs more work it can be revisited in the future.
Mayor Kurth felt this will allow for more signs and is legalizing signs that haven't been legal in the past.
Councilmember Williams felt the signs on the trees and poles should be gone.
Councilmember Gutierrez stated this will not create more signs on the streets and that he guarantees
this.
Councilmember Spagnolo felt this allows for a legal tool for real estate signs and other businesses to put
signs in the public right-of-way. He felt this ordinance is being sensitive to the business community.
Redevelopment Agency, Fire Protection District, City Council Minutes
April 2, 2008
Page 9
Mayor Kurth stated he doesn't support all the signs in the public right-of-way to clutter up the City.
James Markman, City Attorney, stated if this doesn't work it can be repealed.
Councilmember Gutierrez wished the Mayor's comments had been expressed when the real estate
people were present the last time this was discussed.
MOTION: Moved by Gutierrez, seconded by Michael draft the ordinance for the Council to review prior to
it going to the Planning Commission, which would then come back to the Council for approval.
James Markman, City Attorney, stated they haven't seen problems with this same ordinance in Buena
Park, and that it has worked. He stated the problem presented to him was the issue of political signs.
Motion carried unanimously 5-0.
P. IDENTIFICATION OF ITEMS FOR NEXT MEETING
Councilmember Spagnolo requested the banner policy to address military personnel that have served in
the Iraq war come back at the next meeting.
Q. ADJOURNMENT
The meeting adjourned at 8:47 p.m.
Respectfully itted~, ~
~'t-c`a"YL6~--
ebra J. Ada MC
Assistant Secretary/Secretary/City Clerk
Approved: May 7, 2008